Sir creek dispute between india and pakistan

Discussion in 'Defence & Strategic Issues' started by ajtr, Sep 23, 2010.

  1. ajtr

    ajtr Veteran Member Veteran Member

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    Sir Creek dispute


    The Sir Creek is a 96 km (60 mi) strip of water disputed between India and Pakistan in the Rann of Kutch marshlands. The creek, which opens up into the Arabian Sea, divides the Kutch region of the Indian state of Gujarat with the Sindh province of Pakistan. It is located at approximately 23°58′N 68°48′E / 23.967°N 68.8°E.Originally and locally it is called 'Baan Ganga'. Sir Creek is named after the British representative who was requested to mediate in a dispute between the ruler of Sindh and the Rao of Kutch over a pile of firewood lying on the banks of the nearby Kori Creek.1
    The long-standing dispute hinges in the actual demarcation "from the mouth of Sir Creek to the top of Sir Creek, and from the top of Sir Creek eastward to a point on the line designated on the Western Terminus". From this point onwards, the boundary is unambiguously fixed as defined by the Tribunal Award of 1968.2
    The creek itself is located in the uninhabited marshlands. During the monsoon season between June and September, the creek floods its banks and envelops the low-lying salty mudflats around it. During the winter season, the area is home to flamingoes and other migratory birds.

    Dispute

    [​IMG]
    The Sir Creek area. The Green Line is the boundary as claimed by Pakistan, the red line is the boundary as claimed by India. The black line is the undisputed section.

    The dispute lies in the interpretation of the boundary line between Kutch and Sindh as depicted in a 1914 and 1925 map showing the Kori Creek as part of Sind province. At that time, the provincial region was a part of Bombay Presidency of British India. After India's independence in 1947, Sindh became a part of Pakistan while Kutch remained a part of India.

    [​IMG]
    This 1909 map shows the creek as part of Sindh
    Pakistan lays claim to the entire creek as per paras 9 and 10 of the Bombay Government Resolution of 1914 signed between then the Government of Sindh and Rao Maharaj of Kutch.4
    The resolution, which demarcated the boundaries between the two territories, included the creek as part of Sindh, thus setting the boundary as the eastern flank of the creek. The boundary line, known as the "Green Line", is disputed by India which maintains that it is an "indicative line", known as a "ribbon line" in technical jargon.2 India sticks to its position that the boundary lies mid-channel as depicted in another map drawn in 1925, and implemented by the installation of mid-channel pillars back in 1924.5
    India supports its stance by citing the Thalweg Doctrine in International Law. The law states that river boundaries between two states may be, if the two states agree, divided by the mid-channel. Though Pakistan does not dispute the 1925 map, it maintains that the Doctrine is not applicable in this case as it only applies to bodies of water that are navigable, which the Sir Creek is not. India rejects the Pakistani stance by maintaining the fact that the creek is navigable in high tide, and that fishing trawlers use it to go out to sea. Several cartographic surveys conducted have upheld the Indian claim.2 Another point of concern for Pakistan is that Sir Creek has changed its course considerably over the years. If the boundary line is demarcated according to the Thalweg principle, Pakistan stands to lose a considerable portion of the territory that was historically part of the province of Sindh. Acceding to India's stance would also result in the shifting of the land/sea terminus point several kilometres to the detriment of Pakistan, leading in turn to a loss of several thousand square kilometres of its Exclusive Economic Zone under the United Nations Convention on Law of the Sea.
    In April 1965, a dispute there contributed to the Indo-Pakistani War of 1965, when fighting broke out between India and Pakistan. Later the same year, British Prime Minister Harold Wilson successfully persuaded both countries to end hostilities and set up a tribunal to resolve the dispute. A verdict was reached in 1968 which saw Pakistan getting 10% of its claim of 9,000 km² (3,500 sq. miles).
    The disputed region was at the center of international attention in 1999 after Mig-21 fighter planes of the Indian Air Force shot down a Pakistani Navy Breguet Atlantique surveillance aircraft over the Sir Creek on August 10, 1999, killing all 16 on board. India claimed that the plane had strayed into its airspace, which was disputed by the Pakistani navy.6 (See the Atlantique Incident).
    Economic reasons
    Though the creek has little military value, it holds immense economic gain. Much of the region is rich in oil and gas below the sea bed, and control over the creek would have a huge bearing on the energy potential of each nation. Also once the boundaries are defined, it would help in the determination of the maritime boundaries which are drawn as an extension of onshore reference points. Maritime boundaries also help in determining the limits of Exclusive Economic Zones (EEZs) and continental shelves. EEZs extend to 200 nautical miles (370 km) and can be subjected to commercial exploitation.2
    The demarcation would also prevent the inadvertent crossing over of fishermen of both nations into each others' territories.
    Dispute resolution
    Since 1969, there have been eight rounds of talks between the two nations, without a breakthrough. Steps to resolve the dispute include:
    Allocation
    Delimitation
    Demarcation
    Administration
    Since neither side has conceded ground, India has proposed that the maritime boundary could be demarcated first, as per the provisions of Technical Aspects of Law of Sea (TALOS).4 However, Pakistan has staunchly refused the proposal on the grounds that the dispute should be resolved first. Pakistan has also proposed that the two sides go in for international arbitration, which India has flatly refused. India maintains that all bilateral disputes should be resolved without the intervention of third-parties.
     
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  3. ajtr

    ajtr Veteran Member Veteran Member

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    Murky Waters


    On August 31, Pakistan handed over 100 Indian fishermen to Indian officials at the Wagah border. It was part of a plan announced late last month to release and repatriate hundreds of arrested Indian fisherman from Pakistani jails. The action has brought Sir Creek to the fore once again.

    Pakistanis are well aware of the dispute by the name of Sir Creek. What is lesser known, however, is its connection with our maritime boundary, our exclusive economic zone and our continental shelf. The last time that dispute hit headlines was presumably back in November 2008 when the post-Mumbai terrorist attack scenario had forced the cancellation of the next scheduled round of discussions between Pakistan and India. That set of talks was particularly important for two reasons: one, that it was expected to focus on a common map of the Sir Creek estuary, formulated through a joint survey conducted in early 2007; second, it was to be a last-ditch attempt to resolve the apparently intractable issue of maritime boundaries so as to enable the two countries to submit mutually inclusive claims before the UN for extension of their continental shelves.

    The talks fell victim to political expediency. But as it turned out, both countries did meet the given deadline of May 13, 2009, for filing their claims – claims that were ostensibly backed up by relevant charts and data purporting to show a natural submerged prolongation of the land mass to the maximum prescribed limit of 350 nautical miles. If either side thinks that their continental shelf is as good as extended on this basis alone, they have a another thing coming. Procedurally, the UN Commission on the Limits of the Continental Shelf is only supposed to offer its recommendations, on the basis of which the concerned coastal state can establish the limits of its continental shelf.

    A simple fact that escapes the notice of the sea hawks on both sides is that the UN is not likely to make any meaningful recommendations in the matter until the land and maritime boundary dispute between the two countries, which has its epicentre at Sir Creek, stands resolved.

    And resolving it should be easy. But that would only be the case if the countries involved were not perpetually at each other’s throats. Besides, the issue has become so intractable that more than four decades of talks have brought us no nearer to a solution. This is arguably because of our natural proclivity towards rigidity by establishing needless linkages.

    To understand the complexities of the Sir Creek issue, it is helpful to look at the basic facts at the core of the dispute and then move forward.

    So, what is the dispute all about, in the first place?

    Simply put, it pertains to the demarcation of the final 60km of our southern land border along Sir Creek.

    Why couldn’t it be demarcated earlier?

    It had been demarcated (surprise, surprise) way back in 1914, in the context of a Government of Bombay Resolution, which sorted out an argument between the rulers of Sindh and Kutch as to the extent of their principalities.

    So if the land boundary has been a settled issue since 1914, why is that Resolution no longer relevant?

    Far from being irrelevant, it is actually the epicentre of relevance on which the opposing stands revolve. Pakistan bases its claim over the entire Sir Creek on the map annexed to the 1914 Resolution in which a green-dotted line indicates the boundary on the eastern bank of the creek. The Indian counter argument is that the aforesaid line is merely a “ribbon line” that broadly indicates but does not delineate the land boundary. It lays stress on Paragraph 10 of the 1914 Resolution that it feels endorses the internationally recognised Thalweg (mid-channel) principle and which finds its visual representation in the final map of 1925 with proper boundary symbols. Pakistan, in turn, feels that the map issued in 1928 by the Survey of India as B-16, after resolving the objection of the Political Department over depiction of the boundary in the middle of Sir Creek, vindicates its stand.

    But consequent to the Rann of Kutch skirmishes in April/May 1965, hadn’t both the countries agreed to international arbitration and accepted the award of the India-Pakistan Western Boundary Case Tribunal as it was called, and if so, what’s the problem now?

    The problem now stems from what actually happened then. The tribunal stopped at a point designated as the western terminus just north of the head of the adjacent Kori Creek and didn’t proceed for some 38km due west till the head of the Sir Creek, and downstream thereafter.

    But why didn’t they do so?

    Because everyone was already aware of the existence of the 1914 Resolution and frankly because neither of the countries were that interested at the time.

    So why are they so interested now?

    Because this portion of the land boundary has a direct impact on the delineation of the maritime boundary which in turn dictates the size of the Exclusive Economic Zone (EEZ) and the Continental Shelf (CS) that each country can claim.

    Why is this so important?

    Because, as per the UN Convention on the Law of the Sea (UNCLOS 82), the EEZ bestows on its owner the sovereign right to explore, exploit and manage the area’s living and non-living resources. At stake here is more than 2,000 square kilometres of maritime area, dependent on which country accedes to the other’s stand. So as deadlines of all sorts flick by, neither of the countries want to back down from their official stance.

    Do we see a full stop there?

    No. Pakistan threw another spanner in the works on August 29, 1996, by notifying its baselines as a series of nine straight lines with their final point ‘K’ terminating off the eastern bank of Sir Creek. India has formally objected to this methodology, finding point ‘K’ in particular to be violative of its “sovereign jurisdiction.”

    What did Pakistan try to gain by this move?

    Easy. Some extra bit of EEZ and Continental Shelf. The baseline is essentially what it says it is. It can be termed as a legally acceptable coastline from where the territorial sea as well as the EEZ is measured. It is normally the low water line with the straight baselines method being only resorted to where the coastline is deeply indented or fringed with islands. Pakistan’s vain attempt at gaining some added traction is most likely to backfire in the long run as it is inconsistent with the UNCLOS ’82 guidelines and has been objected to by many countries.

    So is that all there is to it?

    Frankly, no. And it gets weirder. As the two countries were talking with each other, the creek kept subtly changing its course so that even the centre of the navigable channel is not where it was before. India wants a resolution on the basis of historical data since it feels that the geomorphology of the creek had been well documented by the British. Pakistan proposed a joint survey to establish the geomorphological changes in the hope that this would better serve its interests. This survey was duly undertaken in early 2007 and a common map subsequently agreed upon. Beyond that, the differences in approach persist.

    Since there’s obviously a bit of a logjam, is there any point in continuing with our bilateral discussions?

    Well, the only real progress made since the talks began is that now at least we have a common map of the disputed area. Beyond that, the only other initiative being strongly pursued by the Indian side since 1994 pertains to the delimitation of the maritime boundary from the seaward side first, while leaving the remaining 30km or so until the decision on the land terminus. While not disputing this contention on technical grounds, Pakistan has preferred to stick to its stand in favour of a complete, rather than a partial, solution.

    Since the deadlock is likely to persist, how else can an early resolution materialise?

    Simple. By a referral to UNCLOS ’82 which lays down five different means of dispute resolution. Conciliation in terms of UNCLOS ’82 Annex V can be sought, though is unlikely to yield any result as any one country’s disinterestedness can scupper the move. The only practicable means available is to resort to an arbitral tribunal constituted in accordance with Annex VII of UNCLOS ’82.

    Can this yield the desired results?

    Results, yes. Desired, not that certain. It would depend on how strong a case we build up, who represents us and whether the 21-member panel of specialists is more inclined towards the historical perspective or the legalistic one.

    Too many imponderables?

    Yes, plus the fact that, financial considerations apart, our move towards third-party arbitration would infuriate India, who would seek to settle scores elsewhere. Besides, our past attempts at international arbitration have not been that awe-inspiring.

    How long can we afford to wait for a solution?

    Not indefinitely. The humanitarian issue of the fishermen being regularly picked up for violation of a non-existent maritime border and incarcerated for long periods is most pressing. Also, the sooner we put the issue of the maritime boundary behind us, the sooner we can get into the profitable offshore business of oil and gas prospecting. Each side is presumably waiting for the other to blink first.

    So finally, what can form the contours of a possible agreement?

    Firstly, the horizontal land boundary issue (the famous blue-dotted line from the western terminus till the head of the Sir Creek) can be resolved on the basis of the joint survey of January 2005, which had managed to locate more than half of the original 67 pillars erected during the 1922-24 demarcation. Secondly, the joint survey of 2007 has established the eastward drift of the Sir Creek Channel, in that India’s position is naturally inclining itself towards Pakistan’s. Reliance on the joint survey data as well as on the equidistance method of delimitation as recommended by the IHO Technical Manual can form a possible compromise. Once the land terminus at the mouth of the Sir Creek has been agreed upon, delimitation of the maritime boundary should not pose much of a problem.

    For now, the citizens of both countries can only keep their fingers crossed and watch how the plot unravels. Ideally, for all involved a solution needs to be found and sooner is better than later. The destinies of both the countries are inter-twined in so many mysterious ways.
     

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