Upholding security in the Malacca Straits<\/p>\n
Nugroho Wisnumurti, Former Director General, for Political Affairs<\/p>\n
Ministry Foreign Affairs, Jakarta<\/p>\n
It has been reported in the media that the United States plans
\nto implement its Regional Maritime Security Initiative, under
\nwhich the country intends to deploy marines and special-operation
\nforces on high speed vessels along the Malacca Straits to flush
\nout terrorists. The details of this initiative are at this stage
\nunclear. However, foreign ministry spokesman Marty Natalegawa has
\nissued a statement on the official position of Indonesia in its
\nopposition to the U.S. plan.<\/p>\n
Fighting terrorism through regional cooperation in Southeast
\nAsia, or on any part of the globe for that matter, is something
\nto be applauded. However, fighting terrorism in the Malacca and
\nSingapore Straits by allowing the use of military force by any
\ncountry other than the coastal states (Malaysia, Indonesia and
\nSingapore) is another matter.<\/p>\n
Over the years, the coastal States have shown great interest
\nin the Straits of Malacca and Singapore. On Nov. 16, 1971,
\nIndonesia, Malaysia and Singapore issued a joint communique
\nreaffirming the responsibility of the coastal states in the
\nStraits, including in the safety of navigating the straits.<\/p>\n
On Feb. 24, 1977, Adam Malik, who was at that time foreign
\nminister of Indonesia, together with foreign ministers Tengku
\nAhmad Rithauddeen of Malaysia and Rajaratnam of Singapore signed
\nan agreement reaffirming the 1971 joint statement and their
\ndetermination \"to further promote the existing tripartite
\ncooperation on enhancing the safety of navigation and promoting
\nclose cooperation and coordination on antipollution policies and
\nmeasures in the Straits of Malacca and Singapore\".<\/p>\n
While the interest of the coastal states was initially driven
\nby the desire to ensure the safety of navigation and to protect
\nthe marine environment in the straits, it is undeniable that the
\nstraits constitute part of an area where the coastal states have
\na major security concern. This is evident in various ASEAN
\nsecurity instruments such as the 1971 Treaty on the Zone of
\nPeace, Freedom and Neutrality in Southeast Asia (ZOPFAN), 1995
\nSoutheast Asia Nuclear-Weapon-Free Zone (SEANWFZ), 1976 Treaty of
\nAmity and Cooperation, and the recently adopted ASEAN Security
\nCommunity as a part of the Bali Concord II.<\/p>\n
Aside from the security aspects, it is essential also to look
\nat the legal aspects relating to the straits. The waters in the
\nStraits of Malacca and Singapore, under international law,
\nconstitute part of the territorial waters of the coastal states,
\nover which they have sovereignty. This sovereignty is subject
\nonly to the regime of transit passage as stipulated by the 1982
\nLaw of the Sea Convention, a convention which through state
\npractice has become customary international law. For these
\nreasons, any activities or maneuvers in the straits by foreign
\nvessels, which are not exercising the right of transit passage --
\nwhether they are for civilian or military purposes -- are subject
\nto the consent of the respective coastal States.<\/p>\n
The territorial waters of a country are basically the
\nextension of its land territory. Thus, security in the
\nterritorial waters, or in this case, the Malacca and Singapore
\nStraits, is the responsibility of the respective coastal states.
\nAnd if Indonesia, under its laws and regulations and its foreign
\npolicy does not permit the deployment of foreign forces in its
\nterritory, even if the aim is to fight terrorism, the deployment
\nof foreign marines and special-operation forces in the straits
\nwould not be consistent with international law and could harm the
\nnational interests of Indonesia.<\/p>\n
There are also political considerations which deserve serious
\nattention, namely the possible impact of the U.S. plan on one of
\nthe basic principles of the Indonesian foreign policy, the policy
\nof non-alignment. As a non-aligned country, the deployment of
\nforeign forces in our territory, including in our territorial
\nwaters, will run counter to this cardinal principle.<\/p>\n
Being that as it may, the U.S. plan, under its Regional
\nMaritime Security Initiative -- however well-intentioned that
\nplan might be -- would not serve the best interests of the
\ncountries concerned in fostering regional cooperation to fight
\nterrorism. There should be other ways to reach the same
\nobjectives. It is also desirable that the countries concerned
\nshould be consulted before any effort to fight terrorism in
\nSoutheast Asia is made public.<\/p>\n
The writer was also former ambassador to the United Nations in
\nNew York and in Geneva<\/p>",
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