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©New
Straits Times (Used by permission)
by Evangeline Majawat
 KUALA LUMPUR: Singapore's claims of territorial waters and an exclusive economic
zone (EEZ) around Pedra Branca contravene the United Nations Convention on the
Law of the Sea (Unclos) 1982, of which it is a signatory.
All 156 states, including Malaysia and Singapore, who have signed and ratified
the convention are legally bound to its principles.
Established on Dec 10, 1982, Unclos is the international regime of law which
governs all uses of the sea and its resources.
Singapore's Senior Minister of State Balaji Sadasivan had on Tuesday cited
Unclos as the republic's right to claim a territorial sea and EEZ around Pedra
Branca.
It is impossible for Singapore to claim even the full breadth of the 12 nautical
miles of territorial sea as it would infringe on Malaysia and Indonesia's
boundaries.
Middle Rocks, which was awarded to Malaysia by the International Court of
Justice in The Hague on May 23, is only one nautical mile from Pedra Branca,
which itself is only 7.7 nautical miles from Tanjung Penyusop, Johor.
To the south, merely 7.6 nautical miles away, is Indonesia's Tanjung Sading.
Following the ICJ's ruling, a joint technical committee was set up to carry out
research, discuss and negotiate on the two marine features and South Ledge,
whose sovereignty will be determined based on the territorial waters it
eventually lies in.
One of the committee's most crucial tasks is to define whether the three marine
features are islands or rocks.
This is a significant as different definitions have legal implications on the
feature's boundaries and rights of the country.
Maritime Institute of Malaysia director-general Datuk Cheah Kong Wai said in a
statement yesterday that Singapore's claims were "contrary to the spirit of
agreement and could be seen as undermining the work of the committee".
Technical panel to study issue first
From Sajahan Abdul Waheed in Singapore
 MALAYSIA will wait for its technical committee's report
before deciding on whether to object to Singapore's plans to claim a territorial
sea and an exclusive economic zone (EEZ) around Pedra Branca.
Foreign Minister Datuk Seri Rais Yatim, who was in Singapore
for the 41st Asean Ministerial Meeting, met his Singaporean counterpart George
Yeo yesterday and they decided that the committee must be allowed to discuss the
matter first.
"There are various issues which have to be studied first and we must obtain
expert views on this matter," Rais told the Malaysian media.
Singapore's Senior Minister of State Balaji Sadasaivan told Parliament on
Tuesday that the republic was claiming a territorial sea of 12 nautical miles
and an EEZ of 200 miles around Pedra Branca.
Rais said if there were any problems arising from the technical committee's
findings, he and Yeo would then meet to discuss the matter.
"The technical committee is currently in discussions on all technical and legal
matters relating to Pedra Branca.
"The relations between Malaysia and Singapore are in no way jeopardised as a
result of this issue.
"There is also no question of intimidation or any untoward expectations," said
Rais.
Pedra Branca was awarded to the republic by the International Court of Justice
in May. However, the court awarded Middle Rocks to Malaysia, with ownership of
the third marine feature in the area -- South Ledge -- to be decided based on
the territorial waters in which it is located.
The joint committee was set up to carry out consultations on activities in the
locality of the three marine features.
The committee is jointly headed by Malaysia's Foreign Ministry secretary-general
Tan Sri Rastam Mohamed Isa and his Singaporean counterpart.
It lacks economic activity, natural resources
by Evangeline Majawat
Maritime Institute of Malaysia director-general Datuk Cheah Kong Wai explains to
EVANGELINE MAJAWAT why Singapore’s claim for Exclusive Economic Zone for Pedra
Branca is on shaky ground
Q: Can islands and rocky outcrops claim territorial sea
and exclusive economic zones?
A: Article 121(3) of the Law of the Sea states that "rocks which cannot sustain
human habitation or economic life of their own" cannot claim EEZ or the
continental shelf.
Q: What are the criteria for sustaining human habitation and economic life?
A: This means a habitable environment that allows humans to live independently
based on resources available naturally. Humans should have access to basic
necessities such as fresh water, without having to rely on sources from outside
and also be able to carry out economic activities such as farming, fishing or
livestock rearing.
Q: Is operating a lighthouse an economic activity?
A: It is not an economic activity. Rather, it is an act facilitating the safety
of navigation, a requirement of Unclos (United Nations Convention on the Law of
the Sea) on states bordering a strait.
Q: Would imposing a levy on ships that depend on the lighthouse for safety be
an economic activity?
A: No. Levy for services provided by lighthouses, called light dues, are imposed
only on ships that call at ports within the state.
Q: Based on initial assessment of Pedra Branca according to Unclos, is it an
island or a rock?
A: Since natural sustenance of human habitation and economic activity is absent
on Pedra Branca, Article 121 (3) of Unclos can be invoked to categorise it as a
rocky outcrop. Therefore, it is not entitled to an EEZ.
Q: Is it viable for Singapore to lay claim to territorial sea and EEZ when
Malaysia and Indonesia are less than 10 nautical miles away?
A: A joint technical committee comprising of experts from Malaysia and Singapore
was established to address whatever issues that may arise because of overlapping
claims.
Q: What happens when a state's territorial sea overlaps with a neighbouring
country's waters?
A: The two states will carry out delimitation of the territorial sea usually
through negotiations.
Q: What happens when negotiation fails?
A: Article 15 states that if both countries fail to reach an agreement, neither
country is allowed to claim the 12 nautical mile territorial sea beyond the
median line between the two states.
But exception is given "where it is necessary by reason of historic title or
other special circumstances".
Disputing countries would refer their case to the International Court of Justice
as a last resort.
Malaysia and Singapore referred Pedra Branca's case to the ICJ to settle
sovereignty. The two parties did not ask the ICJ to address delimitation issues.
Some countries such as the UK and Ireland have referred their case to the ICJ to
settle sovereignty and delimitation disputes.
Call for protest over Singapore's plan
JOHOR BARU: The people in Johor are protesting Singapore's plan to claim a
territorial sea and an exclusive economic zone around Pedra Branca.
Puteri Wangsa state assemblyman Datuk Abdul Halim Suleiman
said Malaysia should not be trapped by the provocation, a tactic the republic
used regularly.
He said Singapore should have referred the maritime border issue to the
technical committee.
Johor Historical Association committee member Zaaba Abdul Samad described
Singapore Senior Minister of State Balaji Sadasivan's statement as "wild" since
the technical committee of both countries were still in talks over the maritime
border.
"Personally, I think Foreign Minister Datuk Seri Dr Rais Yatim, who is in
Singapore for the Asean Foreign Ministers Meeting, should leave immediately in
protest against the provocative statement."
Zaaba said the association will continue its efforts to trace
the letter sent by Straits Settlements Governor William John Butterworth to the
Sultan of Johor in 1844 asking permission to build a lighthouse on Pedra Branca.
Gelang Patah state assemblyman Datuk Abdul Aziz Sapian said Balaji's statement
showed that Singapore wanted to expand its territory and become a major maritime
force in the region.
In Kuala Lumpur, Umno Youth chief Datuk Seri Hishammuddin Hussein said
Singapore's move was not in tune with the fine ties between the two countries
and was also against the Asean spirit.
He said it also showed disrespect of the International Court of Justice.
Pas Youth chief Salahuddin Ayub said the Singapore statement showed disrespect
for Malaysia and was untimely as the technical committee had yet to decide on
the maritime border.
The Malaysian Muslim Solidarity Movement also took to task Singapore's claim.
Its president, Datuk Zulkifli Mohammad, said in a statement that Malaysia should
also use the United Nations' Convention on the Law of the Sea to claim waters
around Middle Rocks.
Republic's claim a sore point with 1,000 coastal fishermen
KOTA TINGGI: More than 1,000 coastal fishermen in Teluk Ramunia and Sungai
Rengit in Pengerang here will lose their livelihood if Singapore claims the
territorial sea and exclusive economic zone (EEZ) around Pedra Branca.
Coastal fishing has been their traditional economic activity
for the past century and the fishermen hope that they will not lose their rights
to fish at the coastal waters stretching from Desaru to the Sungai Rengit
islands near Pedra Branca.
The Malaysian islands closest to Pedra Branca are Pulau Lima and its cluster of
rocks and tiny islands. The waters around the area are rich with high quality
fish, including rare species like gelama kuning which could fetch up to RM25 per
kilogramme.
Apart from their threatened livelihood, many fishermen feel that losing the area
to Singapore would mean giving up an important eco-system heritage.
Fisherman Normalik Abdul Rahaman, 43, of Sungai Rengit, who has been fishing in
the area since he was 17, said the EEZ would affect fishing areas, including
Pulau Lima and its surrounding islands.
"The idea is preposterous. We are not deep-sea fishermen, so
our fishing areas are limited. If they claim the zone, then where would we
fish?" he asked.
Normalik said generations of fishermen here have long been relying on the
abundance of their catch from areas close to Pulau Lima.
Fellow fisherman Ismail Hashim, 43, who has been a fisherman since he left
school 25 years ago, said Pulau Lima and its surrounding areas were very close
to Pedra Branca.
"Singaporean authorities would chase us out of Pedra Branca waters even before
they won the rights over it. I could not imagine what would happen if they
actually owned 12 nautical miles of territorial sea as it would certainly
include our fishing area."
Ismail said after the International Court of Justice awarded the sovereignity of
Pedra Branca to Singapore in May, many fishermen were reluctant to fish near the
rocks.
He said the possibility of Singapore getting EEZ on the surrounding waters was
sending shivers down the fishermen's spine, especially those in Sungai Musuh,
Teluk Ramunia.
There are at least 40 fishermen operating from the jetty at Sungai Musuh, which
is almost directly opposite the Pulau Lima islands.
Fisherman Latip Manan, 44, said Pulau Lima and its surrounding waters were
special because the rocks and corals filtered the current and broke the tidal
speed, thus providing an important fish-breeding ground.
"We are blessed that even during the harshest monsoon season, we can still fish
because Pulau Lima is almost at our doorstep."
The catch at Pulau Lima is hailed as one of the best in the region and includes
lobsters, senangin, senohong, kurau and tenggiri. They fetch from RM25 a
kilogramme and are exclusively for export.
Suspicions abroad hinder bid to retrieve documents
KUALA LUMPUR: Doubtful neighbouring countries are hindering the country's move
to retrieve historical documents abroad.
National Archives director-general Sidek Jamil said some
countries were suspicious of Malaysia's motive to purchase or copy the
documents.
He said while Western countries like Britain and Australia were more open
towards requests, the neighbours' response was poor.
"They questioned why we wanted the documents and how important the documents
were to the country," he said on the second day of the 16th International
Council on Archives Congress yesterday.
However, Sidek did not name the countries which were reluctant to provide the
necessary documents.
On the recent issue between Malaysia and Singapore, Sidek
said it was regrettable that Malaysia referred to Pedra Branca as Pulau Batu
Puteh when it was not decided whether it was an island or a rock.
"Calling it an island creates confusion because Pedra Branca means white rocks,"
Sidek said.
Singapore is now claiming a territorial sea and an exclusive economic zone
around Pedra Branca but the joint committee set up to look into the matter has
not yet agreed whether it is an island or rock.
On Tuesday, Unity, Culture, Arts and Heritage Minister Datuk Seri Shafie Apdal
said historical documents would help the country prevent future losses of
territory like Pedra Branca.
Sidek said to date, the government had spent about RM3 million to retrieve
historical records inside and outside the country.
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Circular No 297/2008
