The Constitution of the Oceans

The Jakarta Post

I Made Andi Arsana, New York City

Attending the United Nations General Assembly in New York was an interesting experience. Being an observer, it was exciting for me to see how a negotiation and consultation went. The day I attended an informal consultation of the law of the sea was taking place. The moment reminded me that the future of ocean affairs and the law of the sea was being discussed in the room.

This year, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) is 25 years old. People refer to it as the "Constitution of the Oceans", being the most comprehensive codified law of the sea in human history.

The road to establish the convention was long and winding, and it took nine years to finish before it was ratified by the majority of coastal states around the globe. To date, it has been signed by 154 coastal states and the European Union, including Indonesia, with the Law No. 17/1985.

The convention also deals with international maritime boundaries. In this regard, Indonesia has 10 neighboring states, namely India, Thailand, Malaysia, Vietnam, Singapore, the Philippines, Palau, Papua New Guinea, Australia and Timor Leste, with which maritime boundaries need to be settled. To date, 18 agreements have been established making Indonesia one of the most productive in this regard. However, Indonesia still has work to do.

It has to be admitted that the journey of Indonesia remains colored in inconveniences concerning maritime boundary disputes. The Ambalat case, outer-island issues and pending maritime boundaries with Singapore are examples we see in the news even now. The story of Sipadan and Ligitan islands is a legend that keeps being retold.

Now it is worth remembering all those issues and learn some lessons from them to build a better story for the future.

Most of the people in Indonesia believe that Sipadan and Ligitan islands were taken by Malaysia from Indonesia. This is a mistake. Sipadan and Ligitan were owned by no state. Indonesia and Malaysia tried to claim them and Malaysia won sovereignty due to reasons of effectivity (effective occupation).

The "victory" was not only due to the efforts of Malaysia but also what the British did in the past. It was the British that implemented law and established lighthouses on the islands. It is also worth noting that the effective occupation had nothing to do with the tourism resorts Malaysia had on those two islands, as anything after 1969 was not considered. The two states agreed to consider only events taking place before 1969.

There are at least three things we should do.

First, we need to devote our energy and time to settling pending maritime boundaries with neighbors. I believe the government has been making its best efforts in this. Negotiations with Malaysia, Singapore and the Philippines are taking place, as well as a preliminary approach with Palau. In addition, Indonesia is currently preparing a submission to the UN concerning outer limits of the continental shelf beyond 200 nautical miles.

Second, maintenance and socialization of existing maritime boundaries is inevitable. Visualizing maritime boundaries on a chart with adequate specifications, and informing relevant parties (e.g. fishermen, coastal communities, etc.) of the status and location of the boundaries is a must.

Without proper socialization and understanding, the seizure of Indonesian fishermen crossing maritime boundaries will continue. It is time to learn and care for our territory and borders.

Third, it is necessary to enhance expertise in maritime boundaries, concerning legal, political and technical aspects. It is undisputable that maritime boundary issues deal with law and politics. However, few of us are aware how much technical aspects are involved. Not much news concerns the importance of coordinating definitions using proper geodetic datum, for instance. No wonder, people tend to see maritime boundary issues only as a matter of law and politics.

Indonesia, undoubtedly, has many legal experts but more people with technical expertise are required. We need more geoscientists (e.g geodesy, geophysics, geology and hydrography) who are focused on technical aspects of the law of the sea. It is not to say that the existing experts are unqualified, just that there need to be more.

The writer is a lecturer in the Department of Geodetic and Geomatic Engineering, Gadjah Mada University. He is currently a UN-Nippon Foundation Fellow in the Division for Ocean Affairs and Law of the Sea, UN, New York.