The Bay of Bengal, nestled in the northeastern part of the Indian Ocean, is a vast expanse of water known for its ecological and economic significance. Stretching over approximately 2.2 million square kilometers, it is bordered by multiple countries, including India, Bangladesh, Myanmar, Thailand, and Sri Lanka. This immense body of water is not only home to diverse marine life but also a hub for maritime trade and fishing (Blasco, 2002). It is celebrated for its rich marine biodiversity, encompassing vibrant coral reefs, unique species of marine life, and extensive mangrove ecosystems. These ecosystems serve as vital breeding grounds for numerous fish species and play a crucial role in supporting the region's fisheries (MoFA, 2014B). Beyond its ecological importance, the Bay of Bengal holds substantial economic value. It supports extensive commercial fishing industries, contributes significantly to tourism, and serves as a critical trade route through its numerous ports. The waters of the Bay connect South Asia to Southeast Asia, making it a linchpin in the global trade network. However, beneath the surface of this seemingly pristine ocean, there is a growing crisis - pollution. The Ganges, Brahmaputra, and Meghna River System, one of the most active river systems in the world, transports huge amounts of silt and pollutants from the upper catchments. These are ultimately dumped in the Bay of Bengal after being mixed with water and soil. Water pollution levels in the flow of river systems leading to the Bay of Bengal have changed dramatically in recent decades as a result of climate change, saline intrusion, fast population expansion, and urbanization (Islam, 2017).
It is evident that sewage-borne diseases, persistent organic pollutants, heavy metal concentration in water and sediment, and their toxic effect on seashells and oysters, are present along the east coast of the Bay of Bengal. Along Myanmar's eastern coast, lead, cadmium, iron, and copper concentrations are significantly higher than average seawater at 3027, 3, 19, and 122 times, respectively (Rashid, 2015). Bangladesh is the location of around 200,000 tons of plastic entering the Bay of Bengal. The majority of industries in Bangladesh discharge solid waste and untreated wastewater into the Karnaphuli River, which flows into the Bay of Bengal. In Chattogram and Khulna, 60–65 ships are wrecked annually (Daily Star, 04 November 2019). The Bay also receives a significant amount of untreated sewage, plastic, industrial waste, and effluent from the aquaculture and agricultural industries from a number of large rivers that originated from Indian territory (Kaly, 2004).
The consequences of pollution in the Bay of Bengal are far-reaching. Sea stars and sea urchins are harmed by diesel pollution, sometimes to the point of extinction. Phenol, which is included in oil refinery effluents, affects the endocrine and central neurological systems in addition to irritating the gills and causing profuse secretion and mucus membrane disintegration. Bottom-feeding fish near an oil refinery are seen exhibiting cellular alterations brought on by hydrocarbons, which ultimately result in cancer (Russel and Kotin 1996). The polluted waters of the Bay can lead to oxygen depletion and the formation of dead zones, where marine life cannot thrive. Additionally, the ingestion of plastics by marine animals, such as turtles and seabirds, poses a direct threat to their survival.
Given the trans-boundary nature of the Bay of Bengal, addressing pollution effectively necessitates a coordinated regional approach to ocean governance. Regional ocean governance refers to the collective efforts of neighboring countries to manage and protect shared marine resources and address common challenges. Effective governance mechanisms are needed to facilitate information sharing, joint monitoring, and coordinated responses to pollution incidents. As the Bay of Bengal's marine resources are shared among multiple countries, thereby collaborative management ensures that these resources are sustainably harvested, preventing overexploitation and ensuring long-term benefits for all nations involved.
Multilateral Environment Accords (MEAs) are a subgroup of international agreements that place a focus on environmental issues. A few notable MEAs to prevent and control ocean pollution include the Ramsar Convention (1971), the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972), the International Convention for the Prevention of Pollution from Ships (MARPOL) (1973), and the United Nations Conference on Environment and Development (UNCED) (1992). Additionally, the United Nations Convention on the Law of the Sea (UNCLOS) offers a comprehensive framework for ocean governance and resource exploitation (International Law Commission, 2006).
It should be mentioned that all five of the South Asian coastline states listed above are common law nations with almost identical written agreement rules. Article 18A of the Constitution of Bangladesh, Article 48A of the Constitution of India, and Articles 22 and 67(h) of the Constitution of the Maldives all emphasize the obligation to preserve and develop the environment (International Law Commission, 2006). It should be noted that these countries have ratified both the UNCLOS 1982 and the 1973/1978 Convention for the Prevention of Pollution from Ships. Pakistan and Sri Lanka approved the Geneva 13 Convention on High Seas of 1958, and all countries except for the Maldives have ratified the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties of 1969 (Robert, 2001).
While regional ocean governance holds immense promise, it is not without its challenges and limitations (Hossain, 2014). Firstly, political tensions and disputes among neighboring countries hinder effective cooperation in addressing pollution. Resolving these differences is a significant challenge in the pursuit of regional governance. Secondly, effective governance relies on accurate data and information sharing. Some countries may be hesitant to share data due to concerns about sovereignty or resource allocation. Thirdly, deciding how to allocate resources for pollution prevention and mitigation efforts can be contentious. Ensuring an equitable distribution of resources is essential to the success of regional ocean governance.
Despite these challenges, there are examples of successful regional ocean governance models that provide hope for the Bay of Bengal. The Southeast Asian region, with its own share of environmental challenges, has witnessed collaborative efforts through organizations like the Association of Southeast Asian Nations (ASEAN). ASEAN's cooperative approach has led to the adoption of agreements such as the ASEAN Agreement on Trans-boundary Haze Pollution, which addresses the issue of trans-boundary air pollution caused by forest fires and land-clearing activities. Similar regional initiatives in the Bay of Bengal could pave the way for effective pollution management.
Furthermore, an in-depth study of regional ocean governance in the Mediterranean, Black, Baltic, and Caspian Seas may be beneficial for the regional framework agreement for the Bay of Bengal's marine resources. Other important agreements include the Mekong River Basin Agreement from 1995, the 1973 Itaipu Treaty between Brazil and Paraguay, and the 1998 International Commission for the Protection of the Danube. (M A Hossain, 2022).
The EU Strategy for the Baltic Sea Region, the Mediterranean Science Commission, and the Caribbean Sea's marine biotechnology effort are examples of effective interregional cooperation (3rd International Conference on Marine/Maritime Spatial Planning, 22-23 November 2022).
To address pollution comprehensively in the Bay of Bengal and realize the benefits of regional ocean governance, several steps can be taken. Firstly, the countries bordering the Bay of Bengal must come together to establish a regional framework for ocean governance. This framework should include clear guidelines for addressing pollution, sharing information, and coordinating responses to pollution incidents (World Bank Group, 2014). Secondly, efforts should be made to enhance the capacity of countries in the region to monitor and mitigate pollution. This includes training programs, technical assistance, and the sharing of best practices. Thirdly, diplomatic engagement and cooperation among nations are vital for addressing the political challenges that may arise in the pursuit of regional ocean governance. Fourthly, education campaigns targeting coastal communities, industries, and the general public can encourage responsible practices and behaviors. Finally, the countries of the Bay of Bengal should work towards developing and implementing regional agreements that address pollution, sustainable resource management, and disaster response. These agreements should be legally binding and enforceable.
The Bay of Bengal, with its remarkable ecological diversity and economic significance, stands at a crossroads. The pressing issue of pollution threatens the health of its marine ecosystems, the livelihoods of coastal communities, and the region's economic vitality. To safeguard this precious gem, a regional approach to ocean governance is not a luxury but a necessity.
Significant progress toward reducing marine pollution in the Bay of Bengal has not yet been made because there are no regionally binding legal instruments. A regulatory and monitoring system in the sub-region will help to create a marine ecosystem that is sustainable and a comfortable senvironment for the residents of the coastal areas.
