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OPENING SPEECH BY THE AGENT OF MALAYSIA, TAN SRI ABDUL KADIR MOHAMAD
SOVEREIGNTY OVER PULAU BATU PUTEH/PEDRA BRANCA, MIDDLE ROCKS AND SOUTH LEDGE
(MALAYSIA/SINGAPORE) 13 NOVEMBER 2007
1. Mr. President, distinguished Members of the Court, it is a
great honour to appear before you, and to take this opportunity to explain why
sovereignty over Pulau Batu Puteh, Middle Rocks and South Ledge belongs to
Malaysia.
2. Mr. President, please allow me to thank the Agent of Singapore for his kind
greetings to my colleagues on the Malaysian team and to me personally on the
opening day of these proceedings. These greetings are fully reciprocated.
Indeed, both of us have known each other for a long time, as members of the
diplomatic service of our respective countries.
3. Mr. President, Malaysia and Singapore are two neighbouring countries in
South-east Asia, which have mutually agreed to appear before this honourable
Court to settle a dispute over the three features, located at the eastern
entrance of the Singapore Straits, off the Malaysian Peninsula, as illustrated
on the map that is now being displayed on the screen before the Court. You may
also see it in tab No. 1 of your folders.
4. Pulau Batu Puteh and the two other features form part of the State of Johor,
now part of Malaysia. The State of Johor has its origins in the ancient
Sultanate of Johor. The current Sultan of Johor, Sultan Iskandar Ibni Al-Marhum
Sultan Ismail, is a direct descendant of one of the signatories to the Treaty of
Friendship and Alliance between Johor and Great Britain of 2 August 1824, also
known as the Crawfurd Treaty, in which part of the territory of the Sultanate
was ceded to create Singapore. Singapore Island is nestled in the bottom of
Peninsular Malaysia. At its closest point Singapore is only 600 meters from the
Johor mainland. It is now shown on the screen and can be found in Tab No.2 in
the Judges's Folders.
5. Singapore and Malaysia, together with Indonesia, today share the waters and
management of the Malacca and Singapore Straits which link the Indian Ocean to
the South China Sea. Because of this geography, their genealogy and British
colonial history, Singapore and Malaysia share much in common. The graphic now
on the screen shows the Malacca and Singapore Straits. This will also be found
in Tab No.3 of the Judges? Folders. This is a current navigational chart which
is readily available in the public domain.
6. The details of how this dispute arose and the efforts of the parties to
settle it will be described to you by the Attorney-General of Malaysia later
this morning.
7. But before looking at how, the Court may wonder why: why would two
responsible States be in such an acute and extended disagreement about
sovereignty over such small maritime features?
8.. Last week, the Court heard many arguments advanced in many ways by Singapore
to support its claim of sovereignty over Pulau Batu Puteh, Middle Rocks and
South Ledge. But all these cannot hide the fact that Singapore is seeking to
subvert the arrangements reached between Johor and Great Britain over 150 years
ago and maintained throughout the whole period of British rule. In its written
pleadings. Malaysia has provided evidence that Johor had given permission that
Great Britain could build and operate a lighthouse on one of Johor's islands.
Pulau Batu Puteh was selected as the site. Great Britain and then Singapore have
operated the lighthouse ever since. Singapore is now present on the island, as
was Great Britain before it, with Johor's consent. Therefore it matters a great
deal to Malaysia when Singapore claims sovereignty over Pulau Batu Puteh, simply
because it has been running a lighthouse on it with our consent.
9. Singapore's claim also ignores the territorial agreements in the area reached
in 1824, namely the Anglo-Dutch Treaty between Britain and the Netherlands of 17
March 1824, and the treaty which created the colony of Singapore, the Crawfurd
Treaty of 2 August 1824.
10. Despite their extremely small size, the issue of sovereignty of Pulau Batu
Puteh and the other two maritime features is important. Not only does it have
implications for the territorial and maritime stability of the Straits but the
long-established arrangement is important to the continued cooperative
management of navigational aids, marine environmental protection and safety
matters in the Straits.
Mr. President, distinguished Members of the Court,
11. Malaysia's case is clear and finds full support in the evidence.
12. As Malaysia has shown in her written submissions, Pulau Batu Puteh was not
terra nullius in 1847. It was not terra nullius in 1851, when the East India
Company completed the construction of Horsburgh Lighthouse on the island. Pulau
Batu Puteh was part of the ancient Sultanate of Johor, and when the Sultanate
divided in two after the Anglo-Dutch Treaty of 1824 it remained part of the
Sultanate of Johor rather than that of Riau-Lingga.
13. The Anglo-Dutch Treaty established that the division between the British and
Dutch spheres of influence would run to the south of the Straits of Singapore.
This placed Pulau Batu Puteh in the British sphere of influence and in that part
of Johor which continued to be known as the Sultanate of Johor. The division
between the British and Dutch spheres is now illustrated on the screen, as well
as in Tab No. 4 in the Judges? Folders. Last week, Singapore sought to present a
new interpretation of the dividing line. Tomorrow, Professor Schrijver will
explain why the new Singapore interpretation is wrong.
14. In the Crawfurd Treaty of 1824, Johor transferred sovereignty over Singapore
Island to the East India Company together with islets and rocks within 10
geographical miles of Singapore. Pulau Batu Puteh is 25.5 nautical miles away
from Singapore.
15. In 1851, with the permission of Johor, the Horsburgh Lighthouse was built on
Pulau Batu Puteh by the East India Company. The permission was given by the
Temenggong and Sultan of Johor on 25 November 1844, for the building and
operation of a lighthouse "near Point Romania" or "any spot deemed eligible". As
you can see on the graphic that is now displayed on the screen (and in Tab 5 of
your folders), Pulau Batu Puteh is near Point Romania.
16. Pulau Batu Puteh was certainly an "eligible spot" because of the
difficulties of navigating the waters at the eastern entrance to the Straits. In
fact, Pulau Batu Puteh was the location of choice of the merchant subscribers
when they began collecting funds for a lighthouse in 1836.
17 It is on the basis of the consent of the Temenggong and Sultan of Johor that
Great Britain built and then operated the Horsburgh Lighthouse on Pulau Batu
Puteh.
18. Tomorrow, Professor Kohen will analyse the letters of permission written by
the Temenggong and the Sultan of Johor on 25 November 1844. Malaysia has not
been able to trace the letter of request from Governor Butterworth which was
referred to in the letters of permission. In 1994, Malaysia requested Singapore
to furnish a copy of the Governor's letter if Singapore had such a copy in their
possession. Singapore did not respond to Malaysia's request. If this letter
exists today it is likely that it is in Singapore's archives in the file
entitled "Letters to Native Rulers". Unfortunately, Malaysia does not have
access to these archives.
19. Between 1850 and 1946, the Straits Lights system was developed by Britain to
aid navigation through the length of the Malacca and Singapore Straits. The
graphic now on the screen and located at Tab No. 6 in the Judges? Folders, shows
the lights in the Straits Lights system, including the names of the various
lighthouses. This was the list which appeared in the 1912 Ordinance of the
Colony of Singapore which abolished light dues.
20. The Straits Lights system, including Horsburgh Lighthouse, was administered
by the Straits Settlements. Each lighthouse was operated from one of the three
stations in Singapore, Penang or Malacca. From 1912, the Federated Malay States
contributed to the running costs of the Straits Lights when they stopped being
funded by the collection of lights dues. But the Straits Settlements kept
maintaining the lights because they had the necessary expertise.
21. In 1946, when the Straits Settlements was dissolved and the Colony of
Singapore and the Malayan Union created, the Straits Lights system ceased to be
run as a single system. However, the lighthouses continued to be operated from
their original stations in the former Straits Settlements. Pulau Pisang and
Horsburgh lighthouses continued to be run from Singapore, and the others, such
as Pulau Undan, Cape Rachado, Muka Head and Pulau Rimau, were run from their
stations in Malacca and Penang both of which in 1946 formed part of the Malayan
Union, and are now part of Malaysia.
22. Today, Horsburgh Lighthouse and Pulau Pisang Lighthouse continue to be run
from Singapore, the others from Malaysia. Nothing has changed.
23. The authorities in Singapore simply picked up where the British left off, as
did the authorities in Penang and Malacca. The arrangement has worked for over
150 years.
24. The cooperation between the States which later became Malaysia and Singapore
was not limited to cooperation in the building of lighthouses and navigational
aids.
25. Let me take the example of the Royal Malaysian Navy, previously referred to
as the Malayan Naval Force. It had responsibilities for Singapore until 1975
when Singapore established its own navy. The Royal Malaysian Navy continued to
operate primarily from the Woodlands base in Singapore until the early 1980s,
and only handed over the Woodlands base to Singapore in 1997.
26. Before and after the creation of the Singapore Navy, British and then
Malaysian naval forces patrolled the waters of the Straits, including the area
of Pulau Batu Puteh.
27. Such cooperative arrangements - and there are many others, for example in
the field of communications and water supply - reflect not only our close
historical ties but our ongoing rights and obligations as the littoral States of
the Malacca and Singapore Straits.
28. Malaysia and Singapore, together with Indonesia, have cooperated for over 30
years in the management of the Straits. On 16 November 1971, all three countries
joined forces to adopt a common position on matters relating to the Straits of
Malacca and Singapore, and created the Tripartite Technical Experts Group on
Safety of Navigation in the Straits of Malacca and Singapore. This forum meets
annually to discuss technical issues relating to the safety of navigation in the
Straits.
29. Horsburgh Lighthouse and its facilities form part of the multilateral regime
for the safety of navigation in the Straits, just as it was a key light in the
Straits Lights system in the 1850s until 1946.
30. With traffic in the Straits expected to increase from 94,000 vessels in 2004
to 141,000 in 2020, the safety of navigation, maritime security and protection
of the marine environment are key. Ongoing cooperation in the Straits between
the three littoral States is crucial.
Mr. President, Members of the Court:
31. Singapore now seeks to disrupt the long established arrangements in the
Straits.
32. Singapore wants to radically change the basis on which it acquired the
lighthouse on Pulau Batu Puteh, and the character of its presence on the island.
33. Singapore is endeavouring to create for itself a maritime domain which is a
far cry from the basis of its presence on Pulau Batu Puteh as lighthouse
administrator.
34. Singapore's presence on Pulau Batu Puteh as lighthouse operator never
extended to issues concerning the territorial waters or the continental shelf
around Pulau Batu Puteh. In 1969 Malaysia enacted legislation which extended its
territorial sea from 3 to 12 nautical miles. Singapore did not protest. Later in
1969 an Agreement was reached between Malaysia and Indonesia in relation to the
Continental Shelf. The delimitation line agreed between Malaysia and Indonesia
in 1969 is shown in the map now on the screen. The same graphic is provided as
Tab No. 8 in the Judge's Folders.
35. As you can see, the delimitation line approached the vicinity of Pulau Batu
Puteh closely and Point 11 is just 6.4 nautical miles from Pulau Batu Puteh.
Singapore at no time asserted any interest, raised any objection or reserved its
position. Neither did Singapore delimit the area around Pulau Batu Puteh or
reserve its position in that area of the Straits in the Territorial Sea Boundary
agreement it concluded with Indonesia in 1973.
36. Singapore's claim not only upsets the existing arrangements in this way, but
raises the question of what it wants to do with the island. In its pleadings
Singapore has relied on a reclamation proposal around Pulau Batu Puteh. An
internal document, a 1978 Tender Evaluation Report, shows a prospective
artificial island of 5,000 sq meters towards Middle Rock. This is not fanciful
conjecture. Singapore has an extremely active reclamation policy, which was the
subject of the Reclamation Case instituted by Malaysia against Singapore in
ITLOS in September 2003. The Provisional Measures Order given by that Tribunal
in October 2003 will be known to the Court, as well as the subsequent amicable
settlement of that case.
37. But Singapore does not need a bigger island for a better lighthouse. What
does it need a bigger island for? Quite apart from the possible effects on
environment and navigation in the Straits, this could lead to potentially
serious changes to the security arrangements in the eastern entrance to the
Straits. In fact, the aggressive methods Singapore has used to assert its claim
to Pulau Batu Puteh have already led to regrettable - although not irreversible
- changes to the stable conditions in the area.
38. In 1986, well after the critical date, Singapore sent its naval vessels to
Pulau Batu Puteh, and has since then maintained a permanent, 24-hour guard
around Pulau Batu Puteh. This has created tension and danger. Johor fishermen
have been chased away by Singapore forces from their traditional fishing waters
and sheltering spots around Pulau Batu Puteh. Malaysian officials and naval
vessels cannot go anywhere near Pulau Batu Puteh without being physically
challenged by Singapore naval vessels. In response to Singapore's actions,
Malaysia has chosen to adopt a policy of non-confrontation and to act in a
peaceful manner while this dispute is in the process of being settled. We have
now learned through its pleadings that Singapore placed military communications
equipment on Pulau Batu Puteh in May 1977, which we were not previously aware of
and which causes us grave concern. This conduct does not fall within the consent
given for the construction and operation of the lighthouse.
39. Great Britain and Singapore's conduct in respect of Pulau Batu Puteh before
the critical date, at least that which was known to Malaysia, was entirely
consistent with being the operator of the lighthouses on Pulau Batu Puteh and
Pulau Pisang with the consent of the sovereign, Johor.
40. Malaysia, by contrast, has always respected the long-standing arrangements
for Singapore's operation of the lighthouses on Pulau Batu Puteh and Pulau
Pisang. We have not interfered with Singapore's operation of the lighthouses.
41. But Malaysia does not wish the stability of its relationship with Indonesia
altered. Yet this would inevitably follow if Singapore were to be treated as
sovereign over Pulau Batu Puteh with attendant implications for established
maritime delimitation in the area.
42. Malaysia respectfully requests the Court to bear in mind these important
considerations and, accordingly, to reaffirm Malaysia's title to Pulau Batu
Puteh, Middle Rocks and South Ledge.
43. Mr President and distinguished members of the Court, before ending my
submission, I would like to clarify one point. Our problem is with Singapore as
a military presence on one of Johor's islands in the eastern entrance of the
Singapore Straits. We have no problem with Singapore as the operator of
Horsburgh Lighthouse. Malaysia wishes to maintain the peaceful and stable
conditions at the entrance to the South China Sea. It is Singapore which is
seeking to change the situation. The Sultan and Temenggong of Johor, in 1844,
gladly consented to the establishment of the lighthouse on Pulau Batu Puteh, and
Malaysia has never suggested that its continued operation by Singapore presented
any problem. I repeat, Malaysia has always respected the position of Singapore
as the operator of Horsburgh Lighthouse and I would like to place formally on
record that Malaysia will continue to do so. Malaysia's concern is quite
different, as I have indicated.
44. Mr. President, I wish to conclude here. After this, my colleague the
Co-Agent will describe to you the Sultanate of Johor's geographical make-up, the
political events which shaped its territory, and Pulau Batu Puteh's social and
economic place in Johor and Malaysia.
45. Mr. President, distinguished Members of the Court, I thank you and would ask
you now to call on the Co-Agent of Malaysia, Her Excellency Noor Farida Ariffin.
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Circular No 304/2008 : Invitation - HR Debate 2008
