Security in the Malacca Straits: Who is responsible?
Security in the Malacca Straits: Who is responsible?
Nugroho Wisnumurti
Former Director General
for Political Affairs
Ministry Foreign Affairs
Jakarta
It has been reported in the media that the United States plans
to implement its Regional Maritime Security Initiative, under
which the country intends to deploy marines and special-operation
forces on high speed vessels along the Malacca Straits to flush
out terrorists. The details of this initiative are at this stage
unclear. However, foreign ministry spokesman Marty Natalegawa has
issued a statement on the official position of Indonesia in its
opposition to the U.S. plan.
Fighting terrorism through regional cooperation in Southeast
Asia, or on any part of the globe for that matter, is something
to be applauded. However, fighting terrorism in the Malacca and
Singapore Straits by allowing the use of military force by any
country other than the coastal states (Malaysia, Indonesia and
Singapore) is another matter.
Over the years, the coastal States have shown great interest
in the Straits of Malacca and Singapore. On Nov. 16, 1971,
Indonesia, Malaysia and Singapore issued a joint communique
reaffirming the responsibility of the coastal states in the
Straits, including in the safety of navigating the straits.
On Feb. 24, 1977, Adam Malik, who was at that time foreign
minister of Indonesia, together with foreign ministers Tengku
Ahmad Rithauddeen of Malaysia and Rajaratnam of Singapore signed
an agreement reaffirming the 1971 joint statement and their
determination "to further promote the existing tripartite
cooperation on enhancing the safety of navigation and promoting
close cooperation and coordination on antipollution policies and
measures in the Straits of Malacca and Singapore".
While the interest of the coastal states was initially driven
by the desire to ensure the safety of navigation and to protect
the marine environment in the straits, it is undeniable that the
straits constitute part of an area where the coastal states have
a major security concern. This is evident in various ASEAN
security instruments such as the 1971 Treaty on the Zone of
Peace, Freedom and Neutrality in Southeast Asia (ZOPFAN), 1995
Southeast Asia Nuclear-Weapon-Free Zone (SEANWFZ), 1976 Treaty of
Amity and Cooperation, and the recently adopted ASEAN Security
Community as a part of the Bali Concord II.
Aside from the security aspects, it is essential also to look
at the legal aspects relating to the straits. The waters in the
Straits of Malacca and Singapore, under international law,
constitute part of the territorial waters of the coastal states,
over which they have sovereignty. This sovereignty is subject
only to the regime of transit passage as stipulated by the 1982
Law of the Sea Convention, a convention which through state
practice has become customary international law. For these
reasons, any activities or maneuvers in the straits by foreign
vessels, which are not exercising the right of transit passage --
whether they are for civilian or military purposes -- are subject
to the consent of the respective coastal States.
The territorial waters of a country are basically the
extension of its land territory. Thus, security in the
territorial waters, or in this case, the Malacca and Singapore
Straits, is the responsibility of the respective coastal states.
And if Indonesia, under its laws and regulations and its foreign
policy does not permit the deployment of foreign forces in its
territory, even if the aim is to fight terrorism, the deployment
of foreign marines and special-operation forces in the straits
would not be consistent with international law and could harm the
national interests of Indonesia.
There are also political considerations which deserve serious
attention, namely the possible impact of the U.S. plan on one of
the basic principles of the Indonesian foreign policy, the policy
of non-alignment. As a non-aligned country, the deployment of
foreign forces in our territory, including in our territorial
waters, will run counter to this cardinal principle.
Being that as it may, the U.S. plan, under its Regional
Maritime Security Initiative -- however well-intentioned that
plan might be -- would not serve the best interests of the
countries concerned in fostering regional cooperation to fight
terrorism. There should be other ways to reach the same
objectives. It is also desirable that the countries concerned
should be consulted before any effort to fight terrorism in
Southeast Asia is made public.
The writer was also former ambassador to the United Nations in
New York and in Geneva
Nugroho Wisnumurti
Former Director General
for Political Affairs
Ministry Foreign Affairs
Jakarta
It has been reported in the media that the United States plans
to implement its Regional Maritime Security Initiative, under
which the country intends to deploy marines and special-operation
forces on high speed vessels along the Malacca Straits to flush
out terrorists. The details of this initiative are at this stage
unclear. However, foreign ministry spokesman Marty Natalegawa has
issued a statement on the official position of Indonesia in its
opposition to the U.S. plan.
Fighting terrorism through regional cooperation in Southeast
Asia, or on any part of the globe for that matter, is something
to be applauded. However, fighting terrorism in the Malacca and
Singapore Straits by allowing the use of military force by any
country other than the coastal states (Malaysia, Indonesia and
Singapore) is another matter.
Over the years, the coastal States have shown great interest
in the Straits of Malacca and Singapore. On Nov. 16, 1971,
Indonesia, Malaysia and Singapore issued a joint communique
reaffirming the responsibility of the coastal states in the
Straits, including in the safety of navigating the straits.
On Feb. 24, 1977, Adam Malik, who was at that time foreign
minister of Indonesia, together with foreign ministers Tengku
Ahmad Rithauddeen of Malaysia and Rajaratnam of Singapore signed
an agreement reaffirming the 1971 joint statement and their
determination "to further promote the existing tripartite
cooperation on enhancing the safety of navigation and promoting
close cooperation and coordination on antipollution policies and
measures in the Straits of Malacca and Singapore".
While the interest of the coastal states was initially driven
by the desire to ensure the safety of navigation and to protect
the marine environment in the straits, it is undeniable that the
straits constitute part of an area where the coastal states have
a major security concern. This is evident in various ASEAN
security instruments such as the 1971 Treaty on the Zone of
Peace, Freedom and Neutrality in Southeast Asia (ZOPFAN), 1995
Southeast Asia Nuclear-Weapon-Free Zone (SEANWFZ), 1976 Treaty of
Amity and Cooperation, and the recently adopted ASEAN Security
Community as a part of the Bali Concord II.
Aside from the security aspects, it is essential also to look
at the legal aspects relating to the straits. The waters in the
Straits of Malacca and Singapore, under international law,
constitute part of the territorial waters of the coastal states,
over which they have sovereignty. This sovereignty is subject
only to the regime of transit passage as stipulated by the 1982
Law of the Sea Convention, a convention which through state
practice has become customary international law. For these
reasons, any activities or maneuvers in the straits by foreign
vessels, which are not exercising the right of transit passage --
whether they are for civilian or military purposes -- are subject
to the consent of the respective coastal States.
The territorial waters of a country are basically the
extension of its land territory. Thus, security in the
territorial waters, or in this case, the Malacca and Singapore
Straits, is the responsibility of the respective coastal states.
And if Indonesia, under its laws and regulations and its foreign
policy does not permit the deployment of foreign forces in its
territory, even if the aim is to fight terrorism, the deployment
of foreign marines and special-operation forces in the straits
would not be consistent with international law and could harm the
national interests of Indonesia.
There are also political considerations which deserve serious
attention, namely the possible impact of the U.S. plan on one of
the basic principles of the Indonesian foreign policy, the policy
of non-alignment. As a non-aligned country, the deployment of
foreign forces in our territory, including in our territorial
waters, will run counter to this cardinal principle.
Being that as it may, the U.S. plan, under its Regional
Maritime Security Initiative -- however well-intentioned that
plan might be -- would not serve the best interests of the
countries concerned in fostering regional cooperation to fight
terrorism. There should be other ways to reach the same
objectives. It is also desirable that the countries concerned
should be consulted before any effort to fight terrorism in
Southeast Asia is made public.
The writer was also former ambassador to the United Nations in
New York and in Geneva