PETALING JAYA: The Royal Commission of Inquiry (RCI) has found that the Johor government was not consulted in the decision not to proceed with the applications to review and interpret the 2008 International Court of Justice (ICJ) decision on the Batu Puteh territorial claim.
“The decision had resulted in the Johor state government losing the chance to regain what was once its territory,” the report said.
The report said that based on the statement by former attorney-general Tan Sri Mohamed Apandi Ali, the decision was presented to His Majesty Sultan of Johor before it was brought to the Cabinet’s consideration.
“Tan Sri Apandi conducted presentations on the latest developments on the matter without involving other parties. This was because Apandi was of the view that the matter was confidential,” the report said.
“Apandi’s move to not inform the Johor government on the matters presented to His Majesty Sultan of Johor resulted in the Johor state government being unable to act on the matter, including in providing feedback to help strengthen the application for review and interpretation,” the report found.
The Johor government, said the commission, was involved in the process when the case was brought to the ICJ in 2003.
A representative from the state government was present in the ICJ hearings in 2008.
“Based on this practice, the commission is of the view that the Johor state government should have been involved in both the applications be it during the filing or when the decision to not continue both the applications were made,” the report said.
The commission proposed that a state should be involved in any matters about its sovereignty or related matters, such as those of the Batu Puteh, Middle Rocks and South Ledge.
“The state’s involvement will allow the state government to provide assistance, views and inputs, and state its stance on the issue,” the report said.
Meanwhile, the report also called out Foreign Ministry officials for “washing hands” after Mohamed Apandi took over the role as Malaysia’s agent for the country’s application to review and interpret the ICJ ruling.
The commission said this was because the Foreign Ministry (KLN) knew issues in both applications due to its involvement in providing comments for a Cabinet memorandum.
Then, Foreign Ministry secretary-general Datuk Seri Ramlan Ibrahim was appointed Malaysia’s agent for both applications before Mohamed Apandi took over.
The report also said the ministry’s officers, led by Ramlan, did not provide feedback during a briefing session on May 17, 2018.
“It is irresponsible of the ministry to just let go of their duty when no longer being the agent,” it added.
“Datuk Seri Ramlan gave the excuse that he was no longer involved in both applications after being replaced as Malaysia’s agent,” according to the report tabled in Parliament yesterday.
Ramlan had said in his statement to the commission that the ministry “totally detached from the case because KLN was never in the loop on the findings nor engaged in any meaningful discussion as any member of the team should be expected to”.
However, the commission found the statement inaccurate, as Ramlan, in his statement to them, revealed that he had contacted the Attorney-General’s Chambers to discuss how both applications would proceed after being replaced as Malaysia’s agent.
“According to him, the request to have discussions also did not result in any positive response.
“The commission finds that the Foreign Ministry secretary-general and his officers should not absolve responsibility.
“The ministry is important and responsible for international relations alongside national sovereignty matters,” said the report.
