RIVERINE ACCIDENT IN BANGLADESH – WAYS OUT Captain Mahmud Hossain (ND), psc BN INTRODUCTION Bangladesh is naturally bestowed with a large waterways system. The waterways, until today, are the cheapest mode of transportation. Navigable water ways in rainy season is approx 5968 km and approx 3600 km in winter. Every year the incidents of launch accidents take place invariably in waterways especially in the river Meghna causing huge loss of lives. Death of people in such a high number resulting from launch accidents is quite rare in other countries of the world. The accidents happen repeatedly and the event seems to be a common phenomenon which the people of Bangladesh learnt to live with. Today, journey by launch is increasingly unsafe and accidents might happen at any time, at any weather condition and at any river route. Currently, around 35,000 registered and unregistered vessels ply through the rivers across the country, according to source. Bangladesh Inland Water Transport Authority (BIWTA) holds a record of total 385 launch accidents taking place since 1976 where 3,597 people were killed and 396 were injured and over 252 people are missing. Time has come that the country should not allow any more launch accidents to happen. It is high time to identify the reason behind these tragic accidents and address all the related issues. Bangladesh Coast Guard (BCG) being the vanguard of our maritime and coastal areas may play a significant role in reducing the deadly incidents. For that the force needs empowerment and also some capacity building so that such accidents do not occur in future. REASONS FOR LAUNCH ACCIDENT Unfit Vessels. One of the vital reasons for such launch accidents is apparently the plying of unfit vessels in the inland waters of Bangladesh. For Bangladesh, the Department of Shipping (DOS) is the authority to ensure inland water safety. Any vessel before it is declared safe to operate in the riverine waters need to obtain design approval from this authority. According to report, there are a large number of vessels making way through the inland rivers without having proper and approved designs. Choosing of length and breadth of their own by the owners and then subsequently converting one-storied ship to multistory for commercial benefit are the vital reason for a shallow draft launch to capsize easily even in moderately rough wind. At present, only five surveyors are posted to verify the fitness of 12,275 registered vessels. Disregard and Ignorance for the Rules. It is evident that the masters of the passenger ships hardly have any regard for the rule of the road and in many case they are also very ignorant about 30 rule of the road. When waterborne they are experienced to be engaged in a kind of race against others which often results in collision and eventually sinking others. Several accidents took place when one vessel banged others violently resulting in either one or both of them to settle in the bottom of the river. The incident of ferry accident on 4 December 2009 on the Daira river located in Mithamain Upazila, Kishoreganj District is one among the disaster to make a mention. In that case a passenger ferry collided head-on with a launch leaving at least 47 people dead. Most accidents have so far been attributed to driver’s error. The basic safety regulations are not known by the unskilled masters to guide their ships along the river routes and it happens especially on those ships that are unregistered or do not comply with the prescribed designs. Lack of Observance of Safety Standard. Lack of observance of safety standards and overloading are yet another reason for launch and ferry accidents in Bangladesh. In most cases, the passenger launches carry insufficient lifebuoys and no life jackets and life rafts at all. Under the terms of an ordinance of the shipping department, passenger vessels should keep as many life jackets as passengers and at least one lifebuoy for every four passengers. But this provision is seemed to be not implemented. The consistency with which the launches are overloaded point to nothing but the benefit of the operators. The dishonesty of operators by doubling or even tripping the capacity of the vessels causes accident. Meanwhile there is also absolute disregard for the health and safety regulations of these vessels. Unpredictable Weather. It has been experienced that the weather conditions are often very unsettled over the Bay of Bengal and also in the inland areas from April to November every year. Cyclones, Nor’wester, whirl winds and heavy rainfalls are the common phenomena during this time. As most launches are not typically equipped with radio reception equipments weather broadcast seldom reach to the launch operators. Often the ill-equipped vessels fall prey to the strong winds especially nor wester/ tornado and high waves make them topple easily. WAYS OUT Equipping all Motor Launches with Radio Instruments. In order to make the inland water travelling safer all launches should be equipped with a radar and VHF radio instruments. The technology and cost associated with this proposition is simple and relatively cheaper. This arrangement shall make the transportation task much easier and it would help reduce the number of accidents. If the boats were to constantly keep in 31 touch with one and another along with a port authority then they would know what speed to travel at and when to dock so as not to cause an accident. It would make the waters easier to travel on and faster for the customer if everything was flowing smoothly. Coast Guard stations around the country should be fitted with Radar and some meteorological equipment can also play vital role by transmitting weather signal and other navigational warning to all ships operating in the maritime sectors. In addition if all vessels are fitted with AIS then all vessels can be monitored from the coast guard stations. Any ship / launch engaged in race can be taken into task which is likely to reduce collision in waterways. Inspection. All passenger launches should be equipped with life jackets, life buoys, life rafts and life-saving equipments. Annual inspections of motor launches should be made mandatory. Officials-in-charge found guilty of misconducts and malpractices such as issuing fitness certificate to unfit vessels should be punished. All passengers carrying launch must obtain sailing permission from Port authority prior cast off. The port authority after examining the weather and loading condition of the vessels should grant permission. In addition Coast Guard should carryout random check enroute to observe the loading condition of passenger launches. Any vessel not complying with this should be taken into task. Over Loading. Overloading of passengers should be made unlawful. Carrying commercial cargoes on the top decks of passenger launches should be prohibited. Launch owners should be penalized if they were found to be hiring launch operators having fake certificates. Marine Court. Effective and efficient marine courts should be established. Bangladesh Coast Guard members may be given the judicial power to enforce the marine court. Training. There is no doubt that for the safety of waterways transportation, we need appropriate training of the personnel in the government organizations involved in this sector. At the same time, for enhancing the technical skill of the personnel, we also need research work as well as testing facilities. All masters should have sound knowledge on rule of the road. It should be made compulsory for all masters and his second in command to undergo periodic course on rule of the road and ship handling in heavy weathers under Coast Guard. Upcoming coast guard academy / training center can play a pivotal role in this regard. Anchor and Cables. Presently most of the launches of Bangladesh do not carry prescribed type anchors and chain cables. They carry a large grapnel type of anchor with a length of hawser. This type of anchor really cannot give any protection during emergency. All vessels must carry prescribed anchor with associated chain cable which can help during emergency. CONCLUSION It is needless to emphasis that for an overpopulated country like Bangladesh the growing demand for transport particularly in the inland waterways shall continue. The majority of motor launch disasters in Bangladesh is related to collisions where unskilled operators and faulty construction of the vessels have confounded the problem. 32 Captain Mahmud Hossain, (ND), psc, BN was commissioned in Bangladesh Navy on 01 July 1987. He has under gone all required professional courses at home and abroad including Navigation specialization in Pakistan. He has completed Staff Course from DSCSC Mirpur. He has commanded different types of ships including BNS UMAR FAROOQ. He served as a Staff Officer at AFD and COMBAN office at NHQ. Presently he is serving as Director Personnel at Coast Guard Headquarters. Earnestness is enthusiasm tempered by reason - Pascal 33 BANGLADESH COAST GUARD CORE VALUES Honor Honesty is our asset. We demonstrate unyielding ethical conduct and moral behavior in all of our individual actions. We are obedient and respectful to the public trust. Respect We hold our diverse work force in esteem. We deal with each other with dignity, justness, and compassion. We encourage individual growth and prosperity. We encourage innovation through empowerment. We believe in team work. Devotion to Duty We are professionals, para-military and civilian, who accept responsibility, open to accountability, and are committed to achieve our organizational mission. We exist to serve and we serve with pride. Ability is poor man’s wealth – M. Wren 34 BANGLADESH COAST GUARD ETHOS I AM A COAST GUARD SAILOR I SERVE FOR THE PEOPLE OF BANGLADESH I AM COMMITED TO PROTECT THEM I WILL PROVIDE THEM SECURITY I WILL SAVE THEM FROM DISASTER I AM THEIR FRIEND FOR THEM I AM WORKING I CHERISH IN THECOAST GUARD CORE VALUES I AM PROUD TO BE A COAST GUARD SAILOR WE ARE THE MEMBERS OF BANGLADESH COAST GUARD Admiration is the daughter of ignorance - Franklin 35 IRREGULAR THREATS AT SEA THAT NEVER CEASE TO BOTHER Lt Commander Masudul Karim Siddique, (G),psc BN INTRODUCTION Human quest of security is an age old concern because mankind seemingly abhors living with threats of any kind. Earlier in the past, interestingly, the concept of maritime security was viewed as the solitary business of a navy covering maritime warfare only. Today, the global maritime scenario has witnessed a lot of changes and the concept of security has accordingly assumed a greater dimension encompassing both regular and irregular threats. As a result, forces like coast guards have emerged to act upon the irregular threats combating which is essential to safeguard the economic, social and environmental interest of a country. Bangladesh is one of the littorals of the Bay of Bengal in the Indian Ocean Region (IOR). The country has a sea outlet towards south. Burdened with large population, the country has her pressing need to exploit the sea for keeping the maritime trade and commerce alive and also to generate wealth. It is important to note that the country has 91 per cent trade conducted by sea. Further, it has huge involvement in exploitation of fish and other natural resources. All of these fundamental economic activities must be kept going for the greater interest of the country. Ironically, the part of Bay of Bengal of Bangladesh is not free from irregular maritime threats. Frequent encroachments by foreign bodies to exploit resources especially fish, unlawful trafficking of arms, drugs and other illegal goods including narcotics, petty thefts that occur in the merchant ships as well as armed robbery including hostage taking are among many other irregular threats the seafarers are being exposed to in their regular maritime activities. Statistics and reports suggest that these threats at sea are on the rise, and will continue to increase even further as these are the fastest means of making money. For Bangladesh, it is imperative to put a stop or at least control these criminal activities should the sea use be ensured to its optimum level. Fortunately for Bangladesh, having realized the need to address these irregular threats, the government finally formed a Coast Guard in the year 1994. At the verge of its eighteen anniversaries, the force is deemed to be still in its infancy to fulfill its assigned mission at sea. A serious thought is to be given on modernization of the force should the maritime goal of the nation be fulfilled optimally. 36 SEA BORNE IRREGULAR THREATS AND THEIR IMPACTS Type of Threats Smuggling of Illegal Goods. Goods Hidden in Sealed Containers. Among the major seaports, Chittagong is the gateway to the international economy and a center of gravity for trade and commerce of the country. In 2009-10, Chittagong Port Authority (CPA) handled more than fourty million metric tons of containerized cargo which rose to fifty million metric tons in 2010-11 recording a growth of almost 24.78%. However, with these containerized cargo there are also records of concealed illegal goods being attempted to be smuggled in sealed containers which were eventually confiscated by the authority. So far, Chittagong Port Authority (CPA) has seized illegal goods like alcoholic liquor, electronic goods etc. Illegal Goods Carried by Visiting Merchant Ships. Crew of some of the merchant ships those make calls especially to Chittagong Port reportedly bring electronic goods, alcohol for selling in the local market through their agents. Bangladesh Coast Guard has a very good record of confiscating those goods caught on the way while being attempted to transfer from ship to shore. Smuggling by Boats. Smuggling of goods like liquor, timber, rice, salt, luxury items, spices, urea fertilizer and diesel etc. in and out of the country is yet another regular phenomenon in the sea waters of Bangladesh. Statistics of seizure available with Bangladesh Coast Guard which comes to an estimate of worth over 44 crore taka in the year 2012 shows that the sea area of the country is quite open to such criminal activities. Figure 1: Anti Smuggling Achievement by Bangladesh Coast Guard 2012 Smuggling of Arms. Policy Institute 2004 Until today, two Source: cases Earth of major arms haul through the sea has been reported, one is the seizure of a large consignment of sophisticate arms at Cox’s Bazar in 1997 and the other at Karnafully Channel on Apr 2004. The mangrove forest Sundarban in the south- east part 37 of the country is also believed to be a vulnerable ground for trafficking illegal arms from different overseas countries. In 2012 alone, 49 arms and 345 rounds of ammunition were seized by Bangladesh Coast Guard which shows worst sign of gun running in our sea areas. Petty Thefts in the Anchorages. Bangladesh has experienced almost 15 per cent trade growth by value in recent times. At current growth rate, Bangladesh maritime trade is likely to triple in around 14 years time. In 2010, the total sea borne trade of Bangladesh was US$ Billion 37.58 which rose to US$ Billion 55.61 in 2011. Of them, 92% are carried by over 2400 ships calling Bangladeshi ports annually. Ships making calls or sailing out of the seaports are susceptible to various nontraditional threats especially attack of petty thefts. The incident of petty theft is quite common in the anchorages of Chittagong Port. For this, until very recently, Chittagong outer anchorage was one among the hazardous places of the world for sea trade according to International Maritime Bureau (IMB). However, increased operation by Bangladesh Coast Guard brought the incident of petty thefts down significantly, as a result of which Chittagong Port is now declared safe for maritime trade and commerce. Due to constant vigilance by the force although the petty theft cases have come down to a tolerable limit yet such incidents are still in existence. The force, Bangladesh Coast Guard is struggling very hard to combat these menaces of petty theft with her existing limited resources which if not enhanced, may lead to a serious consequence for the country in future. Armed Robbery and Hostage Taking. Bangladeshi jol doshus or armed robbers do not have the wherewithal to operate at high seas and as a result their activities are confined to the coastal rivers and shores. It is often reported that the innocent fishermen of the country especially those operate in the southern part of the country including Sunderban area fall prey to those notorious elements and are indiscriminately taken into captivity for ransom. In 2012, Bangladesh Coast Guard with the help of Rapid Action Battalion (RAB) succeeded in demolishing several hot seats of sea robbers and arrested 282 of them along with weapons and ammunitions and also managed to get the fishermen out of their captivity. Such a statistics depicts sign of worsening law and order situation especially in those areas where Bangladesh Coast Guard is either absent or inadequate. 38 Trafficking of Contraband Items. Trafficking of contraband items is another significant irregular threat to our maritime environment. Bangladesh Coast Guard has a record of confiscating those goods worth estimated over 9 crore in the year 2012 which also suggests stringent measures to be adapted to put down these illegal trafficking. Extortion in the River Routes. Bangladesh is covered by a 24000 km long network of innumerable rivers, canals, creeks and water bodies which occupy about 11 per cent of the total area of the country. In recent years, the volume of cargos handled by major river ports was average 5.87 million tons. Besides, 13.5 million tons of cargos flow annually from Chittagong to other parts of the country 90 per cent by river routes and rest by road. Further, 85 per cent of the imported fuel is transported from Chittagong Port Authority (CPA) to other areas by inland waterways leaving 15 per cent for the rail and road ways. However, the cargo vessels carrying goods from one place to other using riverine waters are reportedly being subject to forced extortion. These threats of irregular nature, if not controlled under strict hand, may cause serious impact to our economic activities. Illegal Exploitation of Young Species of fish. Illegal fishing especially catching of young species of Hilsha takes place in the country right up from its inland waters down to the deep oceans. In the former case, fish is being caught in the breeding grounds using prohibited nets by unlicensed fishermen. Hilsha fish contributes 30% of the total production in Bangladesh and about 40% of fishermen or 2% of the total population of the country earn their livelihood on Hilsha business. In 2012, Bangladesh Coast Guard seized prohibited nets and young Hilsha worth estimated over 511 crore which again shows alarming threat to the existence and growth of these invaluable species. Figure 2: Bangladesh Coast Guard Achievement in Fishery Protection Operation 2012 39 Source: Earth Policy Institute 2004 Over Exploitation. Marine fishery, next to agriculture, is an important occupation of the coastal people and the sector plays a significant role in the economy by providing 6% of GDP and 9.30% of export earnings, 12% of employment and 80% of animal protein consumption. The earnings through export of fish and fish products in FY 2007-2008 were 4.90 per cent of the total export. Paradoxically, this fishery sector is threatened by over exploitation which is considered to be a serious threat to maintaining natural balance of our marine living resources. Fishermen of Bangladesh are seemingly ignorant about the effects of their over-catch which if not checked may lead to a disaster for the future generation of the country. Unfortunately, no such arrangement exists today to hold them accountable for their over catch. Unlawful Exploitation by Poachers. The part of Bay of Bengal of Bangladesh is very rich in living resources. The name and area of the potential fishing ground are as follows: South Patches 6200 Sq km South of South Patches Middle Ground 2538 Sq km 4600 Sq km Swatch of No Ground 3800 Sq km Source: Annual Report of Department of Fishery The fishery sector is under threat because of illegal exploitation by the foreign fishermen in the fishing grounds mentioned above. Those fishermen usually come from countries like India, Myanmar, Thailand, and Sri Lanka etc. Available survey suggests that most of the loss of our fish is due to unauthorized exploitation by these overseas poachers. Unless the issue of unlawful intrusion is addressed strictly, there remains every possibility that the fishing grounds will diminish gradually. Rohinga Seeking Illegal Migration. Following ethnic clashes in the Rakhain province of neighbouring Myanmar, Rohingya refugees periodically seek shelter to Bangladesh using river routes. They tend to settle in the country permanently once managed to infiltrate. Earlier in the past, Bangladesh became the worst victim of Rohinga immigration after allowing them to enter inside the country on humanitarian ground. These Rohingas are reportedly causing harm to the law and order of the country. As a result, the government of Bangladesh has decided to 40 show zero tolerance to further Rohinga entry and if this is to be implemented, the country needs a strong sea borne force. It is worth to mention that, Bangladesh Coast Guard has so far pushed back 1644 Rohinga back to their country. Human Trafficking. With the growing economic disparity between Bangladesh and other regional/sub-regional countries, a section of the people in our country is seeking opportunity to immigrate especially to Malaysia using sea routes. In the recent past, a total of 145 people were denied passage by Bangladesh Coast Guard while they were trying to travel to Malaysia by boats from Teknaf. In many occasions, these passengers also die resulting from deliberate sinking of boats. This type of illegal human trafficking must be checked strictly. Natural Disasters. Bangladesh is prone to frequent natural disasters including cyclones, floods etc. Tsunami also presents significant threat. The coastline on the south of Bangladesh is funnel shaped, flat, plain and shallow. As a result, tropical cyclones originating in the Bay of Bengal with the wind direction north to northwest find an easy access to our coast. When a natural disaster hits the country, it takes away lot of lives and devastates the country side in the coastal areas. Bangladesh Coast Guard being the solitary agency operating close to the coast rendered all possible support to the disaster affected people during the past natural calamities. Sea Level Rise (SLR). Globally, the sea level is on the rise owing to melting of ice on the arctic region. With one meter sea level rise, 10% of Bangladesh’s land is believed would be flooded. Its first impact will be the absolute disruption and loss of coastal wetlands. This will have severe impact on the productive eco-system and aquatic flora and fauna. The effect on coastal population will be also catastrophic. A study of Earth Policy Institute shows that about 40 million people of Bangladesh out of 144 million will become environmental refugees following one meter sea level rise. 160,000 143,998 Area in sq. km 140,000 120,000 100,000 80,000 60,000 29,846 40,000 20,000 0 Total Land Area Land Loss 1m SLR Figure 3: Total land area of Bangladesh and Potential Land Loss by 1-m SLR Source: Earth Policy Institute 2004 41 160 144 m Population in million 140 120 100 80 60 40 m 40 20 0 Total Population Affected Population 1 m SLR Figure 4: Total Population of Bangladesh and 1-m SLR Affected Population Source: Earth Policy Institute, 2004 Bangladesh will have to contemplate about construction of floating shelters and rehabilitation of environmental refugees either today or tomorrow and Bangladesh Coast Guard being the vanguard shall play a major role in this regard. Marine Pollution. Marine pollution is one of the significant threats to our maritime environment. The pollution sources include oil discharge from ships and mechanized vessels, ships breaking and repairing activities, ballast and bilge water discharge, refinery waste products, handling loss and accidental spillage etc. Around 3.5 million tons of oil is imported to Bangladesh and out of four hundred thousand oil pollution in the Bay of Bengal share of Bangladesh is around six thousand tons. Repeated oil spill by the ships calling Chittagong and Mongla port are degrading the marine environment and pose a serious threat to our largest mangrove forest Sunderbans. Suspicion over Maritime Terrorism. The concept of maritime security has assumed a new dimension in the post 9-11 era. Although terrorist attack in Bangladeshi waters is not evident yet such a probability can’t be ruled out. A terrorist attack on ships carrying dangerous and hazardous cargo, especially in ports, would result in considerable human and material crisis as well as environmental destruction over a wide area. The offshore platforms especially Sangu gas rig may be the target of opportunity for the terrorists. 42 Threat Perception The overall irregular threat perception as it is presumed today is summarized below: Critical Threat Perception Infrastructure/Areas Sea Ports High Medium Natural Disaster Low Smuggling of Goods and Terrorist Attack Arms Merchant Ships Petty Theft Armed Robbery Non-Biological Natural Disaster Petty Resources Theft, Terrorist Attack Armed Terrorist Attack Robbery Biological resources Illegal Exploitation Over Exploitation Marine Environment Pollution Sea Level Rise Coastal Population Natural Disaster Sea Level Rise Extortion Sea Farers Petty Natural Disaster Extortion Theft, Armed Marine Pollution - Robbery Table 1: Irregular Threats in Bangladeshi Sea Waters CAPABILITY OF BANGLADESH COAST GUARD TO COMBAT IRREGULAR THREATS Beginning with only two ships, Bangladesh Coast Guard has made a gradual progress over eighteen years although the force expansion, to some, may not be encouraging compared to the demand. Most of the ships in her fleet have been acquired from Bangladesh Navy and those include one squadron of aging Costal Patrol Vessels (CPV) and Riverine Patrol Vessels (RPV) each. The Chittagong Port Authority (CPA) also contributed to the growth of Bangladesh Coast Guard by providing two newly built Fast Patrol Boats (FPB) to the force. So far, the force has acquired only one Inshore Patrol Vessel (IPV) on its own. Among the boats, United States of America (USA) supplied five super quality Defender Class Boats and three Metal shark Ambulance Pilot Boats under its foreign aid financing programme. Bangladesh Coast Guard built 20 Dolphin class boats and one Harbour Patrol Boat (HPB) in the local yard and eight Tornedo class boats from Vietnam. One more HPB in local yard and six other High Speed Boats (HPB) are being built in the yard of Crotia. 43 Bangladesh Coast Guard Ships Bangladesh Cost Guard Boats Despite resource limitation and lack of manpower, the force has performed remarkably well in curbing maritime crimes at sea. Bangladesh Coast Guard succeeded in seizing illegal goods worth estimated over 586 crore taka which is nearly equal to the total of preceding three years. Figure 4: Operational Achievement of Bangladesh Coast Guard 1996-2012 Source: Bangladesh Coast Guard Data Base Institute, 2004 Four operational commands are spread over the riverine and coastal areas of the country and they have a small number of stations/outpost as mentioned below: Zone Base Stations Outposts Dhaka Sub Zone Nil 02 Nil East Zone 01 06 02 South Zone 01 07 03 West Zone 01 04 01 Table 2: Zones, Stations and Outposts 44 Bangladesh Coast Guard has force strength of over two thousand people including civilian employees. Interestingly, if coast guard is required to provide security to the coastal and island communities of about 50 million people who are nearly one-third of our total population and who are dependent on sea professions either directly or indirectly, then the calculation suggests that the force retains one man to safeguard 29,325 people which is practically impossible. Again the force has a total of 25 stations/outposts actually operating under four zones which need to provide security to approximately 1,20,000 square kilometers. This will again be a fantasy as each station/outpost can’t provide security coverage to 4,800 square kilometer area. RECOMMENDED MEASURES A Simple Arithmetic. The statistics of Bangladesh Coast Guard operational achievement, if presumed to be one-fifth of the maritime crime committed in our sea waters then enhancing present capacity of the force five times would bring down the illegal activities to zero. Force Modernization Scheme. Keeping in mind the security threat at sea and the extent to which security is desired for the sea farers, Bangladesh Coast Guard has prepared a modernization scheme under ÔVision 2030’ to strengthen the force. This plan, if sees the light of the day, will be beneficial for the country and shall contribute a lot towards the fulfillment of millennium development goal of Bangladesh. Ongoing Projects. Bangladesh Coast Guard has two projects under implementation one related to acquisition of Harbour Patrol Boats (HPB) and High Speed Boats (HPB) and the other is concerning construction of a training academy in Patuakhali. Another project regarding acquisition of ships and boats is awaiting approval of the government. These projects need to be implemented as soon as possible to control increasing crimes at sea. Maritime Interagency Coordination Centre. The establishment of a Maritime Interagency Coordination Centers (MIACC) in Chittagong and Mongla will harmonise the actions of concerned maritime agencies especially in combating crimes in our sea areas. The center shall be represented by the members of the following stake holders: Bangladesh Navy (BN). Bangladesh Coast Guard (BCG). Chittagong Port Authority (CPA) and Mongla Port Authority (MPA). Bangladesh Shipping Corporation (BSC). Chittagong and Mongla Customs Authority. Department of Fisheries (DOF). 45 Mercantile Marine Department (MMD). Rapid Action Battalion (RAB). Bangladesh Inland Water Transport Corporation (BIWTC) and Bangladesh Inland Water Transport Authority (BIWTA). Bangladesh Police. Maritime Fisheries Department. Department of Shipping. Stake Holder Task Sharing Maritime Interagency Coordination Centers (MIACC)Cent er Information Sharing Resource Sharing Joint Training Task Management Stake Holder Figure 9: Maritime Interagency Coordination Center (MIACC) CONCLUSION Bangladesh Coast Guard is a force of people. The force is meant to look after the safety and security of the coastal and other sea faring people. Over the years, performance of the force brought it closer to people. Members of Bangladesh Coast Guard could gain the confidence of the coastal people for their dedication, commitment, hard work, sincerity and honesty. It is need of the time, that the force should be strengthened and modernized to meet the safety and security demand of the people. If the force is given the stand it really deserves, then the nation especially the people of the coastal areas would be immensely benefitted. Only then the force would be able to fly its flag high and achieve its motto, ‘Be the Guardian at Sea’. 46 Lt Commander Masudul Karim Siddique, (G), psc received his commission in the Executive Branch of Bangladesh Navy on 01 July 1995. In his professional career, the officer has held various appointments including Commanding Officer of BNS PADMA, BNS ANIRBAN and UTTAL, Executive Officer of BNS MENGHNA, Instructor Bangladesh Naval Academy (BNA) and Gunnery School, BNS ISSA KHAN etc. He attended several professional courses both at home and abroad including Basic Theory of Guided Missile course from China, Gunnery Specialization course from Pakistan, Missile Command and Tactics Course from FAC School, Maritime Warfare and Tactics course at SMWT, Potential Platoon Commander’s Course at BMA and Junior Command and Staff course at CSTI, BAF. He is a graduate of DSCSC, Mirpur and also attended his second Staff Course from DSSC, Wellington, India. The officer obtained BSc and MDS degree from Bangladesh National University and MSc degree from Madraz University of India. In Coast Guard, he has served as Commanding Officer of CGS TAMJEED and Assistant Director to Plans and Acquisitions Directorate of Coast Guard Headquarters. He attended International Anti Terrorism and Piracy Course from NAS Pensacola, USA in 2011. At present, he is serving as Assistant Director to Operations Directorate of Coast Guard Headquarters. He is married to Nishat Siddique and proud father of a daughter Nureen and a son Neyamun. Adversity is the trial of principle - Without it a man hardly knows whether he is honest or not- Fielding 47 COAST GUARD HUMOUR There was a guy named Jimmy, and his town was being drowned by a flood. When the water was around his ankles, a fire truck came by saying, "Yo, Jimmy, need a lift?" "No, no, I'm fine God will save me." The fire truck left. As the water reached his ribs the Coast Guard came by saying, "Jimmy! Need a lift?" "No! God will save me!" The Coast Guard went away. When the water had reached Jimmy's head, a helicopter flew overhead. The driver shouted, "Jimmy! C'mon, I'll take u to safety!" "That's all right! God is bound to save me now!" The helicopter flew away. Jimmy died. When he went to heaven, Jimmy asked God, "God, why didn't you save me?" God answers, "I sent you a fire truck, a coast guard, and a helicopter, what more do you want?!" Collected Advice is seldom welcome . Those who need it most, like it least-Johnson 48 LET’S LAUGH In a drunken stuper, this man falls of the San Francisco bridge, a missing person flyer is put out, his wife's hysterical, and the Coast Guard is frantically looking. They soon come upon the body, needless to say and their were four Dungeoness crabs and three lobsters attached to the man. The Coast Guard notifies his wife, and says that there is bad news, good news, and really good news. She states, "What's the bad news?" The Coast Guard replies, "We found your husband's body." She asked, "Well what's the good news?" The Coast Guard replies, "We found four Dungeoness crabs and three lobsters." The wife replies, "Oh my! Well then, what is the reallly good news?" The Coast Guard then replies, "Well we're going to pull him up again tomorrow!" Beauty is truth, truth is beauty - Keats 49 HUMAN RIGHTS AND REFUGEE LAW Lt M A Qaium Robin, (X), BN INTRODUCION Human rights are those inalienable rights, which are inherent in our nature and without which we cannot live as human beings. The dictionary meaning of the expression “Human Rights” would be: Human – Pertaining to Mankind, Rights – According to truth and justice. Fifteen hundred years back the theory of Human Rights received the most human and just treatment in Islam which was first to recognize and proclaim to the world the basic and most fundamental of all human rights, the unity and brotherhood of entire human family and the equality of man irrespective of caste, creed, religion, sex or colour and total absence of discrimination in any term whatsoever. These were not merely proclaimed but ordained by the Holy Quran. The charter of the United Nations was signed on June 26, 1945. It was indeed a landmark in the annals of internationalism of human rights. For the first time ‘human rights’ were referred to in the constitution of an International Organization. The reference to ‘human rights’ in the charter was in general terms but it did not define or elaborate the rights. HUMAN RIGHTS AND CONSTITUTION OF BANGLADESH The constitution of the People’s Republic of Bangladesh which was adopted on November 4, 1972 came into force on December 16, 1972. In the liberation struggle human rights agenda had been in the lime light. Declaration of people to be the source of power and the Constitution, the framers of the constitution thought it necessary to spell out the objective of the constitution in ideals of nationalism, socialism; democracy and secularism which shall be the fundamental principles of the Constitution. The Constitution of Bangladesh has incorporated the following rights which are specified in the Universal Declaration of Human Rights: Non-discriminatory application of rights (Art.28) Right to life, liberty and security (Art.32) Prohibition of slavery (Art.34) Prohibition of torture and degrading treatment [Art.35(5)] Recognition as a person before the law (Art.31) Equality before the law (Art.27) Prohibition of arbitrary arrest (Art.33) Right to a fair trial [Art.35(3)] Protection from retroactivity of criminal law [Art.32(1)(2)(4)] Pohibition of interference with privacy (Art.43) Freedom of movement (Art.36) Right to own property (Art.42) Freedom of the thought, conscience and religion [Art.39(1), 41(1) and 41 (2)] Freedom of opinion and expression [Art.39(2)] Freedom of assembly and association (Art.37 and 38) Right to participate in government (Art.29) Right to work, equal pay for equal work [Arts. 15(b) and 20(1)] 50 Right to rest and leisure [Art.15(c)] Right to an adequate standard of living [Arts.15 (a) and 15 (b)] Right to education (Art.17) Right to participate in cultural life (Art.23) REFUGEE The term “ refugee” is defined in the 1951 Convention relating to the Status of Refugees (as amended by the 1967 protocol): Article 1A (2) defines refugee as a person-“Owning to a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country. Well- founded fear of persecution-means that if a refugee (or an applicant for the status) were to return to his/her state it is highly probable that he/she would be persecuted. The term “Fear” though largely subjective the applicants perception will be important, but it must still be reasonably established as real. So there must be some basis in the stated facts that he/she has been or, are likely to be persecuted. Although the convention does not define the word persecution. Mere difference of political opinion with the government does not suffice to establish a refugee claim; it must be shown that these opinions are actively expressed and consequently he/she has a real fear of persecution. Though states has difference of opinions on whether fear of persecution from private persons or non state agents (i.e. rebel armed forces, militias) can be counted as sufficient to establish a refugee claim (HLR v. France), the UNHCR(United Nation High Commissioner for Refugee) Handbook makes it clear that depending on circumstances such persecution can fall within the convention. The term “refugee” is frequently misunderstood with displaced persons or, economic migrants left country due to outbreak of war or, natural disaster or, for economic reasons and seeking asylum in another country. Although not all the states are parties to the 1951 Refugee convention, jurists are of the opinion that the definition of refugee and the prohibition on refoulement are now part of customary international law. It means even if a state does not sign and ratify the 1951 Convention on Refugees, still the state is obliged as far as the linguistic mandates of the definition of refugee and prohibition of refoulement are concerned. So, it may be stated that once the criteria have been satisfied, a state has an obligation to treat a person as a refugee. However, each state may have its own domestic legislation and procedures in dealing with claims to refugee status. The UNHCR’s statute gives it a mandate to protect the refugees whether a state is or, is not a member to the 1951 Convention, and also even if the state is cooperative or, noncooperative. While an application is pending the state should not require the applicant to leave, since it may cause a violation of principle of non-refoulement. If there are reasons for considering that a person has committed a crime against peace or war crime or crimes against humanity or, involved in financing, planning or, inciting terrorism. He/she has committed a serious non-political crime outside the state of his/her refuge and before applying for refugee status. He/she has been guilty of acts contrary to principles and purposes of UN. ASYLUM Asylum means and extends to the discretion of a state to let an alien enter and remain in its territory even if his/her own state objects. Asylum is not a right of aliens, rather it is a right of states to grants asylum. It can be granted to a person who does not have a fear of persecution. Persons fleeing from famine or, flood, who have been given asylum, are displaced persons, who often are 51 less accurately tagged as refugees. Asylum is granted for a temporary period and may be withdrawn by the granting state. Diplomatic Asylum: Means the giving of protection by a diplomatic mission to a person fleeing from the authorities of the lost state. As per Article 22 of the 1961 Vienna Convention on Diplomatic Relations, “The Premises of a Diplomatic mission shall be inviolable. The agents of the receiving state may not enter them except with the consent of the head of the mission”. This norm is regarded as a customary international law and hence no receiving state can violate in for whatever political reasons it may bring to justify the violation. NON-REFOULEMENT As state is not obliged to grant refugee status to a person even if he/she has established his/her cause but in addition the state is also obliged not to return him/her to his/her own state, or, to a third a state where his/her life would be threatened on account of his/her race, religion, nationality, membership of a particular social group or political opinion (Article 33(1) of 1951 Refugee Convention). “No state party shall expel, return, or, extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture” The prohibition of refoulenment does not apply when there is a reasonable ground for regarding the refugee as a danger to the security of the state of refugee, or, having been convicted of a serious crime constitutes to the community of that state (Article 33 (2) of the Refugee Convention). Though the words national security and public order are not clearly defined in the convention, law requires that expulsion must be given time to seek admission to another state. REFUGEES AND RELEVANT LAWS IN BANGLADESH Like other South Asia States, Bangladesh is neither a part to the UN Convention Relating to the Status of Refugees, 1951 nor its 1967 Protocol. It also does not have any domestic (nation) law, which covers the issue of asylum seekers and refugees. In practice here, irrespective of asylum seekers or visitors are treated under some age old laws, which are insufficient to meet the protection need of an individual. Bangladesh is a State Party to major international human rights instruments. Among them the mentionable ones are the International Convention on Civil and Political Rights, 1966. Convention on the Rights of the Child 1989. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). 1979. Bangladesh is also a member to the Executive Committee of UNHCR(EXCOM). Thus, the country is committed to the international human rights standard which includes to honour the principle of non-refoulement and ensuring protection of refugees. Again, Bangladesh is now a member of the UN Human Rights Council. CONCLUSION There are some misconceptions that establishment of a refugee protection regime will be for providing a permanent asylum to refugees and it will be encouraging for asylum seekers to enter the country on a large scale. However, experiences and evidences do not support this (i.e even in case of Bangladesh). The Convention is also no to protect criminals and terrorists. In fact, certain categories like persons having committed crimes against peace, a war crime, crimes against 52 humanity or serious non-political crime outside the country of refuge are deemed not deserving protection. Lieutenant Mohammad Qaium Robin, (X), BN received his commission in the Executive Branch of navy on 01 Jun 2006. He joined Bangladesh Coast Guard on 05 November 2009. Subsequently he was appointed as Executive Officer of CGS TAWHEED. The officer attended Search and Rescue Course & Life Guard And First Aid Course from Turkey. He served as Staff Officer Operation to South Zone for quite a long time. At present he is serving as Executive Officer of Support Unit. Fortune be friends the bold - Dryden 53 LAUGHTER IS THE BEST MEDICINE A friend, driving home from a fishing trip in northern Michigan with his boat in tow, had engine trouble a few miles inland from Lake Huron. He didn't have a CB radio in his car, so he decided to use his marine radio to get help. Climbing into his boat, he broadcast his call letters and asked for assistance. A Coast Guard officer responded, "Please give your location." "I'm on Interstate-75, two miles south of Standish." The officer paused, "Could you repeat that?" "I-75, two miles south of Standish." A longer pause. Then an incredulous voice asked, "How fast were you going when you hit shore?" Collected They never fail who die in a great cause - Byron 54 DON’T STOP LAUGHING A whole family was caught in a small boat during a sudden storm off the shores of Florida, but towed to safety in Fort Lauderdale by the ever alert U.S. Coast Guard. "I always knew God would take care of us," said the composed five year old daughter of the boat owner after the family got home. "I like to hear you say that," beamed the mother. "Always remember that God is in His heaven watching over us." "Oh, I wasn't talking about THAT God," the five year old interrupted. "I was talking about the COAST God." Collected 55 Fame is the perfume of heroic deeds - Socrates