Page 8 - Diplomatic Voice 2014 -3

FORUM Indonesia’s Maritime Boundaries with Singapore and The Philippines: Issues for Consideration by Malaysia Contributed by Jalila Abdul Jalil This commentary provides an over- Straits of Singapore has been agreed, reached the agreement on the basis of view of the recent maritime bounda- eventually to complete (close the gap) principles of international laws includ- ries delimitation issues between Indo- the maritime boundary delimitation ing UNCLOS 1982. nesia and Singapore in the eastern line, Indonesia and Singapore need to part of the Straits of Singapore and negotiate with Malaysia in the western between Indonesia and The Philipines and eastern part of the Straits of 3. Issues in Sulawesi Sea in the Sulawesi Sea and their effect on Singapore. In this regard, two tri- • Maritime boundary issues with Indonesia: Malaysia’s maritime boundaries. junction points will eventually be es- (i) “Grey Area” east - eastern approaches to the Straits of Singapore, yet to be delimited. tablished on both sides of the Straits (ii) Recently, on 3 Sept. 2014, Indonesia and Singapore Indonesia and Singapore Maritime of Singapore. Furthermore, Malaysia have signed a Treaty on the delimitation of the territorial sea in the Eastern Part of the Straits of Boundaries in the Eastern Part of and Singapore need to delimit the area Singapore. (iii) Proposed Malaysia delegation to delimit this sector, the Straits of Singapore of Pedra Branca/Batu Puteh, Middle i.e. to closed (complete) the boundary line with Indonesia and Singapore. Rocks and South Ledge. (iv) Reason – Allow the law enforcement and navigation officials overseeing their duties in this sector. On 3 September 2014, Indonesia and 18 Singapore signed a “Treaty on the Indonesia and The Philippines Mari- Delimitation of the Territorial Seas of time Boundaries Delimitation in the the Two Countries in the Eastern Part Sulawesi Sea Map showing the exclusive economic of the Straits of Singapore.” The boundary between The Philippines maritime boundaries delimitation line Another issue of importance is the and Indonesia stretching along 5.1 nautical miles maritime boundaries delimitation bet- Source: Department of Foreign Affairs (nm) arising from the agreement, is an ween Indonesia and The Philippines in (DFA) (2014) extension of the territorial sea border The Sulawesi Sea. On 19 May 2014, line agreed to on 25 May 1973. In Indonesia and The Philippines signed The Philippines National Mapping and 2009, both countries signed an agree- the “Agreement between the Republic Resource Information Authority ment relating to the delimitation of the of The Philippines and the Republic of mentioned that the EEZ boundary line territorial seas in the western part of Indonesia Concerning the Delimitation in this area is composed of eight the Straits of Singapore. of the Exclusive Economic Zone (EEZ) turning points and has a total length of Boundary” in the Sulawesi Sea. The 627.51 nm cutting across the Sulawesi The 2014 boundary line treaty covers EEZ Agreement is the first maritime Sea and has varied distances from the the area between Batam (Indonesia) boundary treaty for The Philippines archipelagic baselines of both coun- and Changi (Singapore) and the 2009 which both countries have been nego- tries. line between Sultan Shoal and Nipa tiating on the delimitation of the Island (point 1, 1A, 1B and 1C) while overlapping EEZ for the past 20 years. The DFA stated that “With a clearly de- the 1973 line covers Singapore and marcated EEZ boundary as guided by Indonesia’s Pulau Batam (point 1 to 6). The maritime boundary delimitation is the official chart, Philippine fishing significant as both countries are archi- vessels and fishermen will be able to The Straits of Malacca and Singapore pelagic states as stipulated under cooperate and undertake livelihood is one of the world’s most critical Article 46 of the United Nations activities in the Philippine EEZ know- navigational bottlenecks and esta- Convention on the Law of the Sea ing where the Indonesian EEZ be- blishing boundaries in these areas is (UNCLOS) 1982. Under UNCLOS, the gins”. Also, “Coastguard and law important for safety of navigation. EEZ extends 200 nm from a coastal enforcement authorities of The Philip- state’s baselines in which the state pines and Indonesia will now know the Referring to the 2014 treaty, the Indo- has sovereign rights to explore and maximum extent of their respective nesian Presidential Staff for Foreign exploit, conserve and manage natural EEZ thereby implement rules and re- Affairs, Teuku Faizasyah mentioned resources such as fisheries resources gulations with clear jurisdictional that it “will bring real benefits for Indo- and oil and gas, etc. As for the delimi- area.” nesia and Singapore in order to main- tation, Article 74 of UNCLOS states tain sovereignty and enforce the sea “the delimitation of the EEZ between The DFA also stated that “The agree- law between both countries; to States with opposite or adjacent ment is a milestone for Philippine and improve cooperation in the fields of coasts shall be effected by agreement Indonesia relations as the EEZ bound- shipping safety, maritime and fisher- on the basis of international law, as ary will open opportunities for closer ies; and also the cross-border crime referred to in Article 38 of the Statute cooperation in the preservation and mitigation in Singapore Strait”. of the International Court of Justice, in protection of the rich marine environ- order to achieve an equitable so- ment in the area, increased trade, and Although the territorial sea boundary lution.” In this regard, The Philippines enhanced maritime security.” between Indonesia and Singapore in Department of Foreign Affairs (DFA) the eastern and western part of the mentioned that the two countries Pertaining to the Indonesian and 8 bulletin@idfr.gov.my