Cabinet Ratifies Land Boundary Agreement Protocol

"The Protocol to the Agreement between Bangladesh and India concerning the demarcation of the land boundary between the two countries and related matters" was okayed at the regular meeting of the cabinet held at Bangladesh Secretariat with Prime Minister Sheikh Hasina in the chair.

After the meeting, Cabinet Secretary M Musharraf Hussain Bhuiyan briefed reporters.

He said the historic and epoch-making Land Boundary Agreement (LBA) was signed by the then Bangladesh Prime Minister Bangabandhu Sheikh Mujibur Rahman and Indian Prime Minister Indira Gandhi in May 1974 for exchange of certain enclaves of land between the two countries.

The cabinet secretary said the Bangladesh government on November 28 in 1974 ratified the deal known as the historic Mujib-Indira agreement in the Jatiya Sangsad through the third amendment to the constitution.

According to the constitution, he said, an amendment to the constitution will have to be brought for changing boundary of the country. "That's why the third amendment to the constitution was made to ratify the LBA," he said.

Bhuiyan said after the assassination of Bangabandhu in 1975, no effective initiative was taken to this end and there was a necessity for ratification of the LBA by the Indian government.

He said constitution amendment is a complicated issue and two-third majority is needed for amendment to the constitution.

The Indian government had to face difficulties for amending the constitution. However, the Indian parliament recently ratified the LBA by bringing an amendment to the constitution.

In November 2011, a protocol to implement and make effective the Land Boundary Agreement (LBA) was signed in Dhaka.

The foreign ministers of the two countries inked the protocol in the presence of Bangladesh Premier Sheikh Hasina and Indian Prime Minister Dr Manmohan Singh, the cabinet secretary said.

He said there was no scope for execution of the protocol as the main LBA was not signed by the Indian government. That's why the protocol was not placed during the time.

Bhuiyan said as the Indian parliament recently ratified the LBA, it's the high time that this protocol should be ratified by the two governments.

That's why the Home Ministry today placed the protocol before the cabinet meeting and the cabinet ratified it. With the ratification of the protocol, the LBA could be implemented now

Under a provision of the protocol, he said, Bangladesh would get the enclaves that are situated in Bangladesh and India would get the enclaves that exist in India.

If Indians in Bangladeshi enclaves want to stay there, they will be given Bangladeshi citizenship and if Bangladeshis living in Indian enclaves want to stay, they will be given Indian citizenship, he said, adding the desire of the citizens would get priority.

With the exchange of enclaves, Bhuiyan said, Bangladesh would get 10,050.61 acre more lands from India. Bangladesh would get a total of 111 enclaves having 17,160.63 acre lands, while India would get 51 enclaves with 7,110 acre lands, he said.

The number of population in Bangladesh's 111 enclaves are 37,386, while the population in 51 Indian enclaves are 14,090, the cabinet secretary said.

While talking about adversely possessed land, Bhuiyan said 2267. 88 acres of land adversely possessed by India and 2777.14 acres by Bangladesh will be exchanged following the ratification of the agreement.

Under the protocol, the people living in Angurputa- Dahagram could move through Tinbigha Corridor in the Indian Territory all time as it will remain open round-the-clock every day, he said.

About the undemarcated 6.50 kilometer land boundary with India, the cabinet secretary said the issue will also be resolved following the approval of the protocol as the mother agreement and subsequent protocol would now finally be signed by Bangladesh and India.

Bhuiyan said exchange of instruments regarding the LBA and the protocol is expected to take place during the upcoming visit of Indian Prime Minister Narendra Modi to Bangladesh.

Bhuiyan said the cabinet also gave the final approval to the draft proposals of Defence Services (Supreme Command) Law, 2015 and Defence Services (Amendment) Law, 2015 subject to vetting of the Ministry of Law.

The cabinet secretary said the original laws were promulgated as ordinances during the martial law regime in 1978 which were needed to be drafted in Bangla with necessary amendment as required as per earlier decision of the cabinet.

The cabinet was also apprised of the visit of State MInister for Foreign Affairs M Shahriar Alam to Oman from April 4-6 last.

Cabinet members, state ministers concerned attended the meeting, while secretaries concerned were present.