SINGAPORE Foreign Minister Dr Vivian Balakrishnan was in town this week for a 48-hour working visit. Apart from calling on the Prime Minister and several Cabinet members, Dr Balakrishnan met with opposition politicians.
Datuk Seri Ismail Sabri Yaakob in a series of tweets after the meeting in Putrajaya on Wednesday said many issues were raised including the 10th Malaysia-Singapore leaders’ retreat, the High Speed Rail between Kuala Lumpur and Singapore, maritime and airspace.
In any strong bilateral relations with close neighbours, outstanding issues are endless. It is a question of how both countries managed the issues so that ties remain good.
One of the long-standing bilateral issues is the implementation of the International Court of Justice (ICJ) judgement on Batu Putih (Pedra Branca), Batuan Tengah (Middle Rocks) and Tubir Selatan (South Ledge).
To refresh everyone’s memory, both countries went to the ICJ to ask for a decision on the territorial sovereignty of the two rock features and a low tide elevation. A judgment made by the ICJ on May 23, 2008 was that Pedra Branca belongs to Singapore, while Middle Rocks was awarded to Malaysia.
However, the ICJ also ruled that the sovereignty over South Ledge belongs to the state in whose territorial waters it lies and this is to be determined through a process of negotiations between Malaysia and Singapore.
Before the ruling was made, as an act of good faith, both countries gave the commitment to implement whatever the outcome would be. Following the ICJ ruling, both countries agreed to set up the Malaysia-Singapore Joint Technical Committee (MSJTC) in the same year. The committee, led by the serving Wisma Putra’s secretary-general and Singapore’s Foreign Ministry’s permanent secretary, met for the first time in June 2008. Under the MSJTC, several subcommittees were set up starting with the subcommittee on joint survey work.
The joint survey was undertaken to determine certain issues before delimitation of overlapping areas can take place. This is a very technical process and several agencies were involved including the Department of Survey and Mapping. This subcommittee was tasked with preparing the data and report which include the map to show the outcome of the survey in and around Pedra Branca and Middle Rocks.
This was submitted to the MSJTC in 2012.
In any maritime boundaries negotiations, things can get protracted because the issues related to boundaries can be complex and it deals with the country’s sovereignty in the waters.
Over the years, both countries have gone into several phases of negotiations. It is understood the MSJTC has met nine times while the subcommittees have met numerous times.
Their last meeting, (held virtually last November because of Covid 19 pandemic) led by Wisma Putra’s Tan Sri Muhammad Shahrul Ikram Yaakob and his Singapore counterpart Chee Wee Kiong, agreed to endorse the terms of reference (TOR) of the subcommittee on maritime boundary delimitation of Pedra Branca, Middle Rocks and South Ledge.
The finalisation of the TOR paves the way for both countries to start the delimitation of their maritime boundary in the area. It is understood this subcommittee resumed physical meeting in April this year.
Hopefully this momentum is not affected by Singapore’s move to reclaim and develop Pedra Branca which was reported by Singapore media last year. It was reported that the Housing and Development Board (HDB) will reclaim land around Pedra Branca to build facilities and allow vessels to berth to improve maritime safety and security.
The HDB will be responsible for 7ha reclamation, which is equivalent to about 10 soccer fields, according to one media report.
Malaysia no doubt has protested and asked the Singapore government to stop work and to share the Environmental Impact Assessment. As in any reclamation work, there could be negative impact on the environment in the surrounding waters.
The Diplomat, an online news magazine, in a report said if the seven hectares of reclaimed land eventually form an artificial island, this would be in alignment with Article 60 of the United Nations Convention of the Law of the Sea (UNCLOS) which grants nations the right to build and construct new artificial island in their Exclusive Economic Zones.
One question that was touched by The Diplomat article is whether Singapore can claim new territorial waters within 12 nautical miles from its new baseline, if it constructs a new artificial island off the coast of Pedra Branca.
But under international law of the sea, it is unlikely that Singapore can claim new maritime entitlements or extend its territorial waters using the planned reclamation of Pedra Branca.
Thus, it goes back to the ongoing negotiations taking place under MSJTC and how Malaysia should maximise its strategy in a long winded negotiation process.
Dr Balakrishnan in his media briefing at the end of his trip to Malaysia said as political leaders on both sides, their primary duty is to advance the interests, the security and the opportunities for their respective people.
“But being friends, having a long history of interaction and engagement, ensures that we can communicate effectively without misunderstanding, and that we can collaborate effectively and bring about the fruition of projects of mutual benefit.
“All in all, I would still characterise our relationships as close, dependable, trustworthy,” he added.
No one will dispute his statement because bilateral ties between Malaysia and Singapore are in for the long haul. But it is worth reminding each other that in any issues that need negotiations and agreement from both governments, position can change over time and along the way good faith must prevail.
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