Keynote Address By Prof S Jayakumar, Minister For Foreign Affairs And Minister For Law, At The IPS/IMO International Conference On The Straits Of Malacca And Singapore, 2 Sept 1996 - STRAITS OF MALACCA AND SINGAPORE:MEETING THE CHALLENGES AHEAD

STRAITS OF MALACCA AND SINGAPORE:MEETING THE CHALLENGES AHEAD

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Mr William Andrew O'Neil, Secretary-General of the IMO, Professor Tommy Koh, Director of the Institute of Policy Studies, Ladies and Gentlemen,

1. Let me warmly welcome all of you to this international Conference organised by IPS and IMO.

2. This Conference is important, firstly because of the spirit of international co-operation which is inherent in your meeting. Secondly, there is a need for continued preservation by the international community of the Straits of Malacca and Singapore as a safe and pollution-free waterway for international navigation.

Historical Importance of the Straits of Malacca and Singapore

3. Since time immemorial, the fortunes of Southeast Asia have been tied to the Straits of Malacca and Singapore. The two Straits, linking the South China Sea to the Indian Ocean and the archipelagic Southeast Asia to insular Southeast Asia, have for many centuries served as a vital inter-continental and intra-Asia link facilitating the travel of peoples, the flow of ideas, and the exchange of goods and cultures in the region.

4. History has recorded a succession of kingdoms sprouting along the Strait of Malacca. Many of them, including the famous Srivijaya Empire and the Malacca Sultanate, flourished as formidable maritime empires because their ports were strategically located along the Strait of Malacca, thereby assuring them of open economic links with the outside world.

5. If not for the Strait of Malacca being an important shipping route in the 16th century, the Europeans would probably not have expanded their influence to this region until much later, if at all. The Portuguese were the first European power to come to this region in the 16th century, motivated by their Christian evangelism and their desire to benefit from the thriving spice trade. They were soon followed by the Dutch who were in turn followed by the British. Such openness through the seas, has contributed to the prosperity of Southeast Asia. If the Straits of Malacca and Singapore had not been such strategic sea-links, the history of Southeast Asia could conceivably have taken a different turn.

6. The Straits of Malacca and Singapore also indirectly influenced the cultural development of the region. Throughout the centuries, the two Straits have been a conduit for cultural exchange, enabling the spread of languages, cultures and religions to other parts of the region. Significant among these were the spread of Hinduism, Buddhism, Islam and Christianity in our region.

7. Their geo-strategic importance has led to widespread recognition of the need to ensure unimpeded access through the Straits of Malacca and Singapore. The 15th century Chinese emperor Yung-le for example, considered it so important to ensure unimpeded passage through the Strait of Malacca that he sent Admiral Cheng Ho on a journey to Malacca in 1409 to present to Parameswara, then ruler of Malacca, imperial seals and a stone tablet which conferred city status upon Malacca.

8. In the past, because they recognised the geo-strategic and economic importance of the Straits of Malacca and Singapore, kingdoms and principalities along the two Straits sought to dominate the Straits for their own use. You can imagine the serious consequences for commerce, stability and security in the region if an attempt were to be made today to dominate the two Straits in contravention of international law, especially the right of passage enshrined in UNCLOS. Fortunately, the need for dominance has been removed by the provisions of UNCLOS whereby the freedom of passage in the Straits of Malacca and Singapore have been internationally recognised. There are other provisions in UNCLOS on straits used for international navigation which embody the spirit of co-operation among user states and coastal states.

Contemporary Importance of the Straits of Malacca and Singapore

9. If the openness of the Straits was important in the past, the Straits of Malacca and Singapore have become even more important international waterways in today's increasingly interdependent regional and global economy. As the route through the Straits of Malacca and Singapore is the shortest sea-route between East and West, it is the most cost-efficient and preferred route. Furthermore, most of East Asia's oil imports from the Middle East pass through the Straits of Malacca and Singapore. As the shortest alternative route would involve at least another 3 days of sea voyage, it is therefore in the interests of the global community to ensure that freedom of passage through the Straits of Malacca and Singapore is always preserved.

10. It is no exaggeration therefore to say that the freedom of passage through the Straits of Malacca and Singapore has contributed immensely to the economic development and vitality of Indonesia, Malaysia and Singapore. The freedom of passage through the two Straits makes the difference between the growth and decline of the littoral states. This is particularly true for the economies of the littoral states which are not only extremely dependent on external trade but for whom the bulk of their external trade is water-borne. Historians have recorded the significant role played by oceans in moving men, goods and ideas in crucial phases of history. Some day this region should also celebrate the contribution made by the two Straits to our region's growth and prosperity.

Growing Concerns

11. I have highlighted the multi-dimensional importance of the Straits of Malacca and Singapore to the littoral states and the world. It is therefore in the collective interests of the littoral states and the international community to maintain the smooth and unimpeded passage through the two Straits. In fact, such openness may be Southeast Asia's inherent competitive advantage over continental states.

12. However, there is growing concern that the increase in shipping traffic in the Straits may have serious implications for the safety of ships. In response to these concerns, we should ask ourselves whether the Straits of Malacca and Singapore are indeed polluted and too congested for safe navigation? If the answer is "yes", then how can we address the situation?

Navigational Safety

13. Although there are no easy solutions, there are workable ones which have been tried and tested. The Tripartite Technical Experts' Group (TTEG) established more than 2 decades ago has effectively enhanced navigational safety in the Straits. It was instrumental in getting the traffic routing system adopted by IMO in 1977 and brought into operation in 1981. Through the group, the littoral states and Japanese interests have co-operated on various projects such as hydrographic surveying, common datum charts, and tidal and current studies - all to enhance navigational safety.

14. The safety of ships in the Straits of Malacca and Singapore will be further enhanced with the adoption of Malaysia's proposal to extend the Traffic Separation scheme in the Strait of Malacca at the 19th TTEG meeting in Singapore. The IMO has approved it in principle and the extension will be implemented after the completion of the on-going re-survey of shoals and wrecks in the Strait of Malacca.

15. While it is true that there have been some shipping accidents in the Strait of Malacca in recent years, these do not prove that the Strait is unsafe. A study by UK insurers into nearly 1,000 serious shipping losses over a four-year period found that "human error was a material factor in nearly 60% of the claims" and that "most, if not all collisions are the result of operating error". There is no evidence that any of the accidents in recent years were caused by congestion in the Strait or by the geographical limitations of the Strait. Human error appears to be the cause of these accidents. With modern technology and modern systems of management, systems and processes can easily be put in place to minimise, if not eliminate, human error. This can be done.

16. A multi-national IMO Working Group convened in March 1993 to examine navigational safety in the Malacca Strait concluded likewise. The Group's recommendations focused on, inter alia, resurveying shoal patches or shallow areas and crew training. The working group also concluded that the present voluntary reporting scheme for deep draught vessels was satisfactory and that there was no need for sophisticated traffic monitoring systems for the Malacca and Singapore Straits or to increase the minimum under keel clearance for vessels plying the two Straits.

17. More emphasis should also be given on the training of crew and to the promotion of better ship and shipping company management. In this regard, the IMO recently adopted a revised International Convention on the Standards of Training, Certification and Watchkeeping for Sea farers (STCW), and the International Safety Management Code. The revised STCW Convention will enter into force on 1 February 1997. To further improve the safety of ships, the International Safety Management Code was added to the SOLAS Convention in May 1994 and will become mandatory with effect from 1998.

Marine Pollution

18. Apart from navigational safety, the prevention of pollution in the two Straits is equally important. Pollution cannot be totally eradicated in such a busy international waterway but we can and should protect our marine environment to the best of our ability. To-date, a number of measures are in place to combat marine pollution.

19. First, the three littoral states maintain resources to deal with oil pollution in the Straits. Major oil companies have also set up the East Asia Response Limited (EARL) which has bases in Singapore and Port Dickson. In addition, the Petroleum Association of Japan maintains a stockpile of anti-oil pollution equipment in Singapore and another in Port Klang. Second, the three littoral states jointly manage the Revolving Fund to provide funds in advance for the combat of oil pollution from ships in the two Straits.

20. Furthermore, in 1996, the IMO adopted an international convention on liability and compensation for damage in connection with the carriage of hazardous and noxious substances (HNS) by sea. The Convention introduced strict liability for the shipowners, higher limits of liability than the present limitation regimes and a system of compulsory insurance and insurance certificates. Although this Convention is not yet in force, we will be in a better position to combat pollution caused by the carriage of HNS once the convention is enforced.

21. Let me also say that marine pollution today is largely due to human activities on land. UNEP's studies have shown that land-based sources contribute to some 70% of the pollution in our seas and marine environment. One such study is UNEP's "Regional Programme of Action on Land-based Activities affecting Coastal and Marine Areas in the East Asian Seas" which cover the Straits of Malacca and Singapore. The study identified agricultural run-offs, untreated domestic sewage and industrial discharges as major sources of pollution. Coastal states, including the littoral states of the Straits of Malacca and Singapore, must therefore direct more attention to deal with such pollution. Unless we do so, the international community will be sceptical of our claims that our main concern is the pollution of the two Straits.

22. Singapore believes in the comprehensive provision of environmental infrastructure, such as sewage treatment and solid waste disposal facilities, to diminish land-based pollution problems. I am encouraged to note that the need for such infrastructure was clearly stressed at the UN Conference in Washington last year, which adopted a Global Programme of Action for the Protection of the Marine Environment from Land-based Activities.

23. In 1994, the IMO's Marine Environment Protection Committee (MEPC) approved a Manual on Reception Facilities to assist in the implementation of three of MARPOL's five Annexes. It also approved guidelines on the implementation of Regulation 13G to the oil Annex on the prevention of oil pollution from existing tankers. These are positive steps for the protection of the marine environment in particular, against oil pollution in the event of collision or stranding of oil tankers. I would therefore urge all countries to became Parties to MARPOL, so that the efficacy of MARPOL can be further enhanced.

Challenges Ahead

24. Although the Straits of Malacca and Singapore are presently safe for navigation with adequate measures in place to deal with the current level of marine pollution, the continuation of this happy state of affairs cannot be taken for granted. The economic boom of Southeast Asia has led to an increase in the traffic plying these Straits, and this will continue. This will mean additional strains on existing resources and the need for new resources in the future.

25. Everyone present here today understands the importance of preserving the Straits of Malacca and Singapore. Our goals are therefore the same. The difficulty is that different groups might want to do things differently. The challenge we face is therefore one of looking for creative ways in which the various interests could work together towards the achievement of our common goals.

26. Preserving the Straits of Malacca and Singapore is an international responsibility and cannot be just that of the littoral states alone. The two Straits are not mere geographical points. They are also geo-political and geo-economic chokepoints which allow a great flow of trade between different regions and oceans. The lifelines and prospects of economic growth of both littoral states and non-littoral trading countries are intertwined in the two Straits. It is in the interest of all countries to help preserve and protect the Straits of Malacca and Singapore.

27. Earlier in my speech, I referred to the spirit of co-operation among user and coastal states to protect straits of international navigation which is embodied in Article 43 of UNCLOS. It took more than 24 years to conclude UNCLOS in 1982. It was a most arduous and difficult process. We are fortunate that in the end, the spirit of co-operation, goodwill and peaceful co-existence prevailed and UNCLOS was finally concluded and signed by more than 150 countries. The treaty came into force on 16th of November 1995. I would urge the governments of states which are not Parties to the treaty to consider doing so.

28. Whatever we achieve for the Straits of Malacca and Singapore could set a precedent for other Straits of international navigation in the world and thus lead to a safer and less polluted world. Whether the Straits of Malacca and Singapore will continue to serve our children as effectively as it has served us and our forefathers depends on us, the present generation.

29. On this note, I wish all of you a fruitful conference ahead. . . . . . . . . . . . . . . . . . .

MINISTRY OF FOREIGN AFFAIRS 2 SEPTEMBER 1996