Pulau Batu Puteh Decision: Loss a big blow for fishermen

Satiman Jamin, New Straits Times 24 May 08;

KOTA TINGGI: The normally quiet fishing community in Sungai Rengit, Pengerang, 65km from here, became highly charged yesterday, as fishermen shook their heads in disbelief over the loss of Pulau Batu Puteh. The fishing community has a direct stake in the dispute as they have been at the receiving end of enforcement by Singapore's marine police guarding the tiny island, and being told to keep clear of the waters around it.

Pengerang Fishermen Association chairman Abu Bakar Mohamad said before the dispute over the ownership of the island, fishermen were free to fish there.

"The area around the island is a gold mine, abundant with marine life, both in quality and quantity.

"Although we really hoped for Malaysia to be declared the rightful owner of the island, we are also aware of the government's stand to accept the International Court of Justice's decision," he said.

Abu Bakar said he had informed all his 1,500 members to stay calm, regardless of the outcome of the arbitration.

A fisherman, Syed Ahmad Syed Yasin, 72, who had been fishing since 1957, said he was really disappointed with the judgment.

"How can we accept that, as it was much closer to us compared with Singapore," he said, pointing out that Pulau Batu Puteh is just 7.7 nautical miles from Tanjung Penyusuh, Pengerang, compared with the 25.5 nautical miles distance from Singapore.

He said in the 1970s, there was only a lighthouse on the island, but when living quarters and a helipad were added in the 1980s, fishermen became apprehensive that Singapore would lay claim to Pulau Batu Puteh.

Azizul Zaidi, 31, was more concerned with the long-term ramifications of the decision.

As the island is less than 12 nautical miles from the peninsula, Singapore could divide the waterways halfway as theirs, he said.

"I would understand if the dispute was between Indonesia and Malaysia, because as close as Pulau Batu Puteh is from our shores compared with Singapore, at four nautical miles, Sedona in Tanjung Pinang, Indonesia is the nearest shore to the island," Azizul Zaidi said. He said fishermen would not have any rich fishing ground in the area to earn a living.

"Where are we supposed to fish then, as the area around Tanjung Pengelih had been badly affected by the reclamation carried out by Singapore a few years ago?" Azizul Zaidi asked. He said they had sought refuge from storms in the waters around Pulau Batu Puteh as it was always calm there.

"This is a real blow to us," he said.

Three reasons why island went to Singapore
The Star 24 May 08;

PETALING JAYA: Failure to show ownership over Pulau Batu Puteh, maps that indicated Singapore's sovereignty over the island, and a reply from a Johor state official saying that the state did not have sovereignty over the island were some of the reasons why Malaysia lost its case.

International Court of Justice case acting president Judge Awn Shawkat Al-Khasawneh, when delivering the court's decision in The Hague yesterday, said Johor initially had sovereignty over the island.

However, Johor and subsequently Malaysia lost its ownership to Singapore because of those reasons.

“The Court recalls their (United Kingdom and Singapore) investigation of marine accidents, their control over visits, Singapore’s installation of naval communication equipment and its reclamation plans, all of which include acts à titre de souverain (acts consistent with sovereignty), the bulk of them after 1953,” said Awn Shawkat.

He said Malaysia did not respond to Singapore’s conduct on the island, including the flying of its ensign, except for the republic’s installation of naval communication equipment.

“Further, the Johor authorities and their successors took no action at all on Pedra Branca/Pulau Batu Puteh from June 1850 for the whole of the following century or more,” he said.

He also pointed out that Malaysia needed Singapore’s permission before any official visits to the island especially in the 1970s could be made.

As for the Malaysian maps between 1962 and 1975 – which depicted that Pulau Batu Puteh belonged to Singapore, Awn Shawkat said Malaysia's assertion that the map had a disclaimer and did not create ownership of territory could not be accepted.

“The map still stands as a statement of geographical fact, especially when the State adversely affected has itself produced and disseminated it, even against its own interest,” he said.

He said the maps' assertions were consistent to the position of the acting state secretary of Johor in 1953 who said Johor did not claim ownership of Pulau Batu Puteh.

“That statement has major significance. The Court concludes, especially by reference to the conduct of Singapore and its predecessors as à titre de souverain, taken together with the conduct of Malaysia and its predecessors including their failure to respond to the conduct of Singapore and its predecessors, that by 1980 sovereignty over Pedra Branca/Pulau Batu Puteh had passed to Singapore,” he said.

ICJ Decision Shows Singapore Cannot Act Unilaterally
Bernama 23 May 08;

JOHOR BAHARU, May 23 (Bernama) -- The decision of the International Court of Justice (ICJ) in The Hague to give Malaysia sovereignty over Middle Rocks proves that Singapore cannot act unilaterally, including in activities involving land reclamation, says Deputy Prime Minister Datuk Seri Najib Tun Razak.

"Basically, the ICJ's decision in giving Singapore sovereignty over Pulau Batu Puteh and Malaysia, sovereignty over Middle Rocks, is a balanced decision.

"Today's decision shows that we are partly successful in our territorial claims but failed in the other. Some people are viewing this as a win-win situation," he said when met by reporters at the Senai Airport here upon his arrival from Kuala Lumpur.

Najib said the ICJ's decision which favoured Malaysia in its claim over Middle Rocks was also important as the coral reefs defined the maritime area of the two countries. The ICJ's split decision delivered in The Hague on Friday brought to a close a 28-year-old territorial dispute between Malaysia and Singapore over Pulau Batu Puteh, which Singapore called Pedra Branca, Middle Rocks and South Ledge.

Najib said the decision had more impact on Malaysia as the ICJ had defined the status of Middle Rocks and Malaysia's sovereignty over the islands which previously were vague.

Pulau Batu Puteh, on the other hand, had for a long time been administered by Singapore, he said.

However, he added, the government understood how important, symbolically, was Pulau Batu Puteh to Malaysians, especially Johoreans, but the ICJ decision must be accepted in good faith by all.

"We are not entirely disappointed with the decision. When a country brings a dispute to an international court to be resolved, one party will succeed in its claim while the other will not.

"However, we had earlier stated that we would accept whatever decision made by the ICJ because Malaysia accepts international laws."

The deputy prime minister said the Technical Committees of both countries would study indepth the ICJ decision before making any move.

"Due to the legal implications, the government will take a few weeks to study the ICJ judgment," he said.

Also present at the news conference was Johor Menteri Besar Datuk Abdul Ghani Othman.-- BERNAMA