Clearing the air over matters of the sea

JUST before Indonesia’s President Joko “Jokowi” Widodo arrived in Malaysia for a working visit in early June, there was a note that went viral about agreements to be signed between Malaysia and Indonesia in the Sulawesi Sea and south of the Straits of Malacca.

The note alleged Malaysia’s position had been compromised and this had affected the country’s maritime interest involving Sabah and Johor and that neither state government was consulted.

After Prime Minister Datuk Seri Anwar Ibrahim held talks with Jokowi, they witnessed the exchange of instruments between their foreign ministers in Putrajaya. There were two treaties: one delimitating territorial seas in the southern part of the Straits of Malacca and the other delimitating territorial seas in the Sulawesi Sea.

In a joint statement the leaders described the signing of the treaties as a milestone after almost two decades of negotiating maritime boundaries.

Yet, several Opposition members called for the Prime Mini-ster to provide details of the Sulawesi Sea treaty and explain whether it involves areas known as Ambalat Block or what Malaysia refers to officially as Block ND6 and Block ND7.

The Prime Minister has told the Dewan Rakyat that the two treaties signed with Indonesia, which demarcated parts of the two countries’ maritime borders, are in accordance with the law and were only signed after consultations were made with government agencies.

For background, both countries began talks in 2005 on maritime boundaries in the Sulawesi Sea, Singapore Strait and the southern part of the Straits of Malacca following cases of encroachment, illegal fishing, and a need for enforcement.

There were cases of fishermen detained by both sides purportedly for encroaching into the other country’s waters. There have been allegations that Malay-sian fishing boats were dragged into Indonesian waters by the republic’s maritime agencies and then detained for encroachment. These incidents had also caused angry reactions from both sides.

To stop the situation from spinning out of control, a memorandrum of understanding was signed in 2012 establishing standard operating procedures for law enforcement agencies of both countries in carrying out their duties in overlapping maritime areas.

Many rounds of negotiations have been held over the years and in 2018, a breakthrough was achieved when both countries agreed on the proposed delimitation in the Sulawesi Sea and in the southern most point of the Straits of Malacca.

Negotiations were further refined and it was only recently Malaysia and Indonesia agreed on the best outcome in accordance to the United Nations Convention on the Law of the Sea 1982 and based on precedent cases decided by international courts.

When the Prime Minister replied to a question posed by Datuk Seri Takiyuddin Hassan (Perikatan Nasional-Kota Baru) on the treaties in the Dewan Rakyat in June, many would have wondered what the Titik (points) M, B1, B, C and P mentioned by Anwar were.

What actually are these Titik? What does it mean to a country’s maritime delimitations and in negotiations?

This week, the issue became hot again following remarks made by Sabah state assemblyman Assaffal Alian (Warisan-Tungku) in the recent session that “Ambalat” had been given to Indonesia. It became viral when a TikTok user picked this up and demanded that the government explain the matter.

Deputy Foreign Minister Datuk Mohamad Alamin held a press conference describing Assaffal’s statement as slander and a misleading statement. He said the Sabah government was also well-informed on the Sulawesi Sea treaty.

It’s like this: Deputy Foreign Minister Datuk Mohamad Alamin clarifying the Ambalat issue at a press conference in Putrajaya on Aug 15. — Bernama

Sabah Chief Minister Datuk Seri Hajiji Noor said the state government might take action against Assaffal over his statement without explaining details.

But SAPP president Datuk Yong Teck Lee raised a valid point when he asked Wisma Putra to urgently brief the Sabah legislative assembly on the issue.

“In the same way that the Minister for Law [Datuk Azalina Othman Said] has briefed Sabah assembly members on the Sulu claim arbitration case, Wisma Putra should also urgently brief the assembly on the Sulawesi Sea and Ambalat issue,” he said.

Yong: 'In the same way that the Minister for Law has briefed Sabah assembly members on the Sulu claim arbitration case, Wisma Putra should also urgently brief the assembly on the Sulawesi Sea and Ambalat issue.'

A technical negotiation like this would be better explained via illustrations to show the agreed negotiated lines and points to the stakeholders and those who have interest in such issues.

The law of the sea is a very technical subject, so laypeople might not understand terms like “territorial seas”, “high seas”, and “intertidal areas”. A lack of understanding and absence of engagement leads to questions arising, misinformation spreading and, worse, quarters taking advantage to spin it into a political debate.

Maritime delimitation is a complex issue. It is even more sensitive when it involves a country’s sovereignty and territories. There is no need to threaten anybody with a police report or action when the information is scarce and engagement with the relevant parties is lacking.

Amid all these accusations, one group is quietly working behind closed doors: government officials from various agencies, led by Wisma Putra, who have been going through tough and protracted negotiations.

No official in their right mind would want to give up the country’s sovereignty easily. Politicians are quick to take credit for any success secured by the government be it in international agreements or investments, but we must never forget the real people who are slogging it out for the country.