Purnomo Yusgiantoro
Minister of Defense of the Republic of Indonesia
Singapore, June 2, 2012
1. It is indeed gratifying for me to find myself here again, participating in this prestigious Shangri-La dialogue. Therefore allow me, first of all, to express my sincere thanks to the International Institute of Strategic Studies (IISS) and its Chief Executive Dr Jo Chipman, for the kind invitation. I would also like to convey my heartfelt gratitude to the Government of Singapore, in particular to good friend Defense Minister Dr Ng Eng Hen, for playing, always, excellent host for this important event.
2. My assignment, at this early plenary session, is to speak on the subject of "Protecting Maritime Freedoms". I consider this assignment as highly appropriate, since I represent one of the largest archipelagic or maritime countries in the world. Located at a major international maritime crossroad, around two thirds of our archipelagic territory consists of seas, that also serve as vital means of connectivity among our more than 17,000 islands. Therefore the great importance that we attach to safety of navigation and maritime affairs, both in terms of prosperity and in terms of security, cannot be overstated.
3. Being ourselves a maritime and archipelagic nation, we are fully aware of the great significance of maritime safety and freedom of navigation, which are at the core of maritime freedoms, for the global common good. With the overwhelming portion of the overall movements of goods and merchandises, including food supplies and energy sources, conducted through seas and oceans, there is indeed uncontestable necessity to facilitate the smooth-sailing of maritime transportation. In a sense, maritime safety and freedom of navigation are essential for the dynamism of economies and the prosperity of peoples everywhere. At the same time, maritime freedoms also represent a principle that should inherently ensure security and stability particularly of coastal states.
4. Like the case of other freedoms, for instance free trade or freedoms of expression, the best way to ensure, and at the same time to govern and manage, maritime safety and freedom of navigation is through the rules of law. It is therefore appropriate that the international community has set various norms and regulations •through such international institutions as the International Maritime Organization (IMO). And of course it would also be more than appropriate for me to single-out the most fundamental of them all which is the 1982 United Nation Convention on the Law of the Sea (UNCLOS). It is not exaggerated to say that UNCLOS 1982 is like an "International Constitution" in the maritime domain, which we expect to be adhered by the international community. In fact, so-called "freedom of navigation" is now highly regulated through various means and international conventions.
5. Indeed, UNCLOS 1982 guarantees that the high seas are open to all states for freedom of navigation, freedom of over flight, freedom to lay submarine cables and pipelines, freedom to construct artificial islands installation, freedom of fishing and freedom of scientific research. All these freedoms are subject to provisions of UNCLOS 1982 stipulated in various relevant articles. In addition to UNCLOS 1982 rules how such freedoms should be exercised, it also devises particular regimes and arrangements for various maritime areas and zones. It is in this connection that I would like to make a couple of points.
6. The first point that I wish to make pertains to the special regime governing waters among islands of archipelagic states which, in accordance with UNCLOS 1982, fall within the sovereignty of the archipelagic states concerned. UNCLOS 1982 further rules that the archipelagic states shall guarantee the right of transit passage through designated Archipelagic Sea Lanes (ASL). As an archipelagic state Indonesia so far, has fulfilled its obligation to designate 3 (three) major ASLs (spreading from the west to the eastern part of the territory). ASL-I in the west with its branches is for the navigation between the South China Sea and the Indian Ocean through the Karimata and the Sunda Straits, ASL-II located in the central part of the navigation between the Sulawesi Sea and the Indian Ocean through Makassar and Lombok Straits, and the eastern ASL-III with its branches for the navigation between the Timor Sea and Arafura to the Pacific Ocean through the Banda, the Seram and the Moluccas Seas.
7. The process of designating those ASLs was done in close consultation with the neighboring and other interested countries, particularly maritime countries, the relevant international organizations, and accepted by the International Maritime Organization (IMO). We have thus duly taken into account the rights and interests of those countries and facilitated their economic and other transit activities. It would therefore be only fair if we also expect those countries to respect our sovereignty and security interests and objectives in exercising their maritime transit activities.
8. Secondly, I would like to address the case of the Straits of Malacca and Singapore. On this, I would first of all say, that we are fully aware of their crucially strategic importance, both as a vital link between the Indian Ocean and the South China Sea, with some 400 ships passing daily, and as one of the world's choking points. We are also mindful of the interests of user countries in the Straits. At the same time, it should be appropriate for user countries to respect the sovereignty and primary responsibility of the littoral states in accordance with the UNCLOS 1982, and do away with any idea to misinterpret maritime freedoms as an internationalization of the Straits. On the basis of UNCLOS 1982 legal provisions, we believe that various cooperations needed could be developed which will advance the interests of the user states, as well as respect the responsibility and address the concerns of the littoral states. In fact we, the littoral states (Indonesia, Malaysia, Singapore and Thailand) have already established Cooperative Mechanism with the user states as envisaged by Article 3 of UNCLOS 1982.
9. The next point that I wish to touch upon in the context of protecting maritime freedoms pertain to the South China Sea as a conflict area. Here, I would first quote the self explanatory statement of the ASEAN Defense Ministers' Meeting 2011 saying "Emphasize the importance of regional peace and stability, and freedom of navigation in the South China Sea based on recognized principles of international law including the 1982 UNCLOS". In this regard, I would like to add the statement by President SBY: "In the South China Sea we can assure that the extremely complex overlapping territorial and jurisdictional disputes will take a long time to settle. Given that reality, while waiting for solution of territorial disputes, the next best option is to focus on confidence building to ensure that there is enough predictability among the claimants, including rules of conduct which would help minimize the prospect of conflict escalation". Indeed, although Indonesia is not a disputing claimant, being in the neighborhood we have an unswerving interest in peace and stability in the South China Sea. We always stand ready to facilitate and participate in any collaborative endeavors for the common good and mutual benefit.
10. Let me now make my last point by emphasizing that maritime freedoms and maritime security are like two sides of the same coin. In order to protect maritime freedoms, there is an indispensable need for us to ensure maritime security. In this regard, I would like to reiterate Indonesia's position as stated on several occasions, to really establish a comprehensive maritime security, the sea must be free from the threats of violence, free from navigation hazards, free from natural resources tribulation, and free from law transgression threats.
11. "Free from the threats of violence" means that the sea is free from groups of people who endanger and disrupt maritime activities. This may take the forms of piracy, armed robberies, or terrorism. "Free from navigation hazards" means that the sea is free from the threats posed by geographical and hydrographical bad conditions, or inadequacy of navigation aids, which could endanger the safety of shipping. "Free from natural resources tribulation" means that the sea is free from environmental threats such as marine pollution and other forms of marine ecosystem destructions. "Free from law transgression threats" means that the sea is free from violations of national and international laws, this could include smuggling, human trafficking, illegal fishing, illegal logging, etc.
12. To conclude, let me reaffirm the great importance that we in Indonesia attach to the respect and protection of maritime freedoms as stipulated and regulated in UNCLOS 1982: Yet, we also believe that maritime freedoms are not an end in themselves. So, ultimately the question is how maritime freedoms can bring about security, stability and prosperity to all of us.
13. Thank you very much for your kind attention.
Minister of Defense
Purnomo Yusgiantoro
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