Regional Best Practices to Combact Crimes at Sea:

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Kuala Lumpur International Conference on Piracy
and Crimes at Sea 18 19 May 2009 The Royale
Chulan Kuala Lumpur
Session 4 Regional Best Practices to Combact
Crimes at Sea Straits of Malacca and the
Carribean The Straits of Malacca
Tripartite Cooperative
Mechanism
Abd. Rahim Hussin


National Security Council
Prime
Ministers Department
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Scope

• Introduction
• Piracy and Maritime Security an Overview
• Tripartite Cooperative Mechanism
• Strategies Adopted by the Littoral States
• National (Unilateral)
• Bilateral
• Multilateral
• Conclusion

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Introduction

• Straits of Malacca Profile
• 520 nm, main seaway connecting Indian Ocean and
  the South China Sea
• Crucial link for international trade and
  transportation
• Geopolitical importance
• To the littoral states and international
  community
• 80 of Malaysias trade passes through the
  Straits

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Cont

• More than 30 world trade and half of the world
  shipment 11 million barrels per day passes
  through the Straits
• Energy transportation 70 of Japan and 80 of
  China oil import passes through the Straits
• Lifeline to international trade, transport and
  world economy
• Post 9/11 potential threat of seaborne
  terrorism
• Nexus between piracy and terrorism?

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Limits of Oceans and Seas (Special Publication
No. 28,) 3rd Edition 1953, IHO
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Major Asia-Pacific Shipping Lanes
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Piracy and Armed Robbery in the Straits of
Malacca an Overview

• Until recently the Straits of Malacca between
  Malaysia and the Indonesian island of Sumatra
  Hot Spot for piracy
• 2003 28 cases actual and attempted attacks
• 2004 37 cases actual and attempted attacks
• June 2005 Lloyds Joint War Council (JWC)
  area of enhanced risk (AER)
• Situation have improved considerably
• efforts especially capacity building by the
  littoral states
• cooperation and collaboration among stakeholders
• June 2006 - JWC revoked its designation of AER

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Straits of Malacca Changing Perspectives
1970-1980
1981-2000
2001-2009
Safety of Navigation and Environmental Protection

• TTEG Meetings
• Traffic Separation Scheme (TSS)
• Mandatory Ship Reporting System
• (STRAITREP)
• Oil spill incidents

• Joint Statement (1971)
• Tripartite Technical Experts
• Group (TTEG)
• Joint Statement (1975)
• Joint Statement (1977)

• TTEG Meetings
• Marine Electronic Highway (MEH)
• User States Cooperation
• Jakarta Meeting
• Kuala Lumpur Meeting
• Singapore Meeting

Maritime Security

• Piracy and Armed Robbery
• IMB Piracy Reporting Centre
• (PRC) October 1992

• Piracy and Armed Robbery
• Coordinated Patrol (MALSINDO
• dan EiS)
• Regional Maritime Security Initiative 2004
• Private Security Companies (PSCs)
• Batam Joint Statement 2005
• Malaysia Maritime Enforcement Agency
• TTEG on Maritime Security

Safety Maritime Security Terrorism?
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Armed Robbery Incidents in Malaysian waters
Straits of Malacca

• Most armed robbery involved fishing vessel
• The probability of armed robbery 0.01 0.03

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Tripartite Cooperative MechanismBackground

• Indonesia, Malaysia and Singapore realized the
  need for cooperation and sharing responsibilities
  to ensure Straits of Malacca and Singapore remain
  open and safe for international shipping
• Signed Agreement on Safety of Navigation in the
  Straits of Malacca and Singapore 1977
  establishment of Tripartite Technical Experts
  Group on Safety of Navigation

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Indonesia, Malaysia and Singapore Statement on
the Malacca Straits - November 16, 1971

• 4 (v) the Governments of the Republic of
  Indonesia and Malaysia agreed that the Straits of
  Malacca and Singapore are not international
  straits, while fully recognizing their use for
  international shipping in accordance with the
  principle of innocent passage.

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Tripartite Technical Experts Group on Safety of
Navigation

• Establishment of the Traffic Separation Scheme
  (TSS)
• Mandatory Ship Reporting System in the Straits of
  Malacca and Singapore known as STRAITREP,
  entered into force 1 December 1998
• Revolving Fund Malacca Straits Council 400
  million

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Traffic Separation Scheme (TSS) in the Straits of
Malacca and Singapore
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Jakarta Meeting, 8 September 2005

• Recognizing
• strategic importance of the Straits for regional
  and global seaborne trade remain safe and open to
  shipping at all times
• the Straits are located within the territorial
  sea of Indonesia, Malaysia and Singapore and
  within the continental shelf and the exclusive
  economic zone of Indonesia and Malaysia and are
  straits used for international navigation as
  defined in the UNCLOS
• efforts of IMO through international conferences
  and regional workshops in 1993, 1996, 1999 and
  2001
• positive results of coordinated maritime patrols
  among the security forces of the littoral States
  and other co-operative maritime security
  arrangements and measures in the Straits

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• Respecting
• - the sovereignty, sovereign rights, jurisdiction
  and territorial integrity of the littoral States,
  the principle of non-intervention, and the
  relevant provisions of international law, in
  particularly UNCLOS 1982

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• Kuala Lumpur Meeting 18-20 September 2006
• Co-operative mechanism with user States
• Efforts by Malaysia
• 1984-1997 USD1 billion development of
  infrastructure including buoys, lighthouses, oil
  spills equipment and VTS Radar
• USD50 million to install and maintain
  navigational and security related facilities
• Sea Surveillance System
• Electronic Navigational Charts
• Automatic Identification Systems (AIS)

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• Singapore Meeting 4 6 September 2007
• Co-operative mechanism
• Co-operation Forum
• Project Coordination Committee
• Aids to Navigation Fund

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• Six Projects-
• Removal of wrecks in the TSS
• Cooperation and capacity building on HNS
  preparedness and response needs assessment US
  and China
• Demonstration project of Class B AIS Transponder
  -3 from Japan, 7 from UK
• Set up tide, current and wind measurement system
  India pledged funds - to USD1.7 million of
  (USD774,000) already (deposited to AToN Fund)
• Replacement and maintenance of AToN USD500,000
  from Malacca Straits Council, USD100,000 from
  UAE, UDS1 million from MENAS, USD2.5 million from
  Nippon Foundation
• Replacement of AToN damaged by tsunami
  bilateral agreement between China and Indonesia

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RESPONSES AND COUNTER-MEASURES ON MARITIME
SECURITY ISSUES

• 1. NATIONAL/UNILATERAL RESPONSE
• Malaysia establishment of Malaysian Maritime
  Enforcement Agencies (MMEA) - 1st November 2005.
• Indonesia broad security concerns throughout
  its archipelago. Maritime security remain an
  important aspects of national security.
• Singapore independent on trade and
  aggressively step up a range of measures on
  maritime security at policy and operational
  levels. First to comply to the International
  Ships and Port Facility Security (ISPS) Code -
  July 2004

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Malaysias response

• Coastal Maritime Surveillance
• Radar stations along the Straits of Malacca
• Malaysia Maritime Enforcement Coordination Centre
  (MECC)

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Malaysian Government Initiatives

• Formation of Malaysian Maritime Enforcement
  Agency (MMEA)
• MMEA established on 15th February 2005
  (Act 663)
• Started Operation on 30th November 2005
• Functions are to enforce laws governing the sea
  including piracy, sea robbery, marine pollution,
  illegal migration and search and rescue
  operations

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Malaysian Government Initiatives

• MMEA Organization
• Placed under the Prime Ministers Department
• 5 regional commands
• Assets exceed 100 ships and boats
• Latest 3 helicopters and 2 Bombardier
  Amphibious Aircrafts (415MP)

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RESPONSES AND COUNTER-MEASURES ON MARITIME
SECURITY ISSUES (cont.)

• 2. BILATERAL COOPERATION
• 1992
• Indonesia-Singapore Coordinated Patrols in the
  Singapore Straits
• Malaysia-Indonesia Coordinated Patrols (PATKOR
  OPTIMA) Maritime Operation Planning Team to
  coordinate patrols in Straits of Malacca (twice a
  year).

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RESPONSES AND COUNTER-MEASURES ON MARITIME
SECURITY ISSUES (cont.)

• 3. REGIONAL COOPERATION
• 1977 Establishment of the Tripartite Technical
  Experts Group (TTEG) on Safety of Navigation by
  the littoral States of the Straits of Malacca
  Indonesia, Malaysia and Singapore.
• 2001 ASEAN Declaration on Joint Action to
  counter Terrorism at the 7th ASEAN Summit.
• May 2002 Special ASEAN Ministerial Meeting on
  Transnational Crime.

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RESPONSES AND COUNTER-MEASURES ON MARITIME
SECURITY ISSUES (cont.)

• November 2004 Regional Agreement on Combating
  Piracy and Armed Robbery against Ships in Asia
  (ReCAAP) by ASEAN Plus Six Countries (China,
  Japan, Korea, Bangladesh, India and Sri Lanka).
• November 2004 Treaty on Mutual Legal Assistance
  in Criminal Matters by ASEAN.
• January 2007 ASEAN Convention on Counter
  Terrorism.

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EiS
MALSINDO
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• Malacca Straits Patrol Joint Coordinating
  Committee (MSP JCC)
• Agreement signed on 21 April 2006
• To facilitate the cooperation between the Armed
  Forces of Indonesia, Malaysia and Singapore
• MSP involves naval units to patrol within the
  territorial waters of the respective countries

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Malacca Straits Security Initiative (MSSI)
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Intelligence Networks

• Establish amongst the coast guard and enforcement
  agencies of the littoral states
• Identifying gangs that operates in Straits of
  Malacca
• Formation of special units
• Pre-emptive target operations
• Enhance communications with ships transiting
  through the Straits

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CONCLUSION

• Maritime Security threats in Southeast Asia
  require a comprehensive approach that will
  enhance cooperation within the countries in the
  region and promotes coordination with the
  international community. The downward momentum
  trend of piracy and other maritime crimes in
  Southeast Asia must be sustained.
• The involvement of IMO as stipulated under
  Article 43 of the 1982, UNCLOS must be pursued
  vigorously.
• Any involvement of outside powers should be
  within the international law and respect for the
  sovereignty and territorial integrity of the
  States concern.

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Thank YouMerciTerima KasihGracias