STATEMENT BY
H.E. SYED MOHAMAD HASRIN AIDID
PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS
AT THE 31ST MEETING OF STATES PARTIES TO
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
AGENDA ITEM 13:
REPORT OF THE SECRETARY-GENERAL UNDER ARTICLE 319 FOR THE INFORMATION OF STATES PARTIES ON ISSUES OF A GENERAL NATURE, RELEVANT TO STATES PARTIES, WHICH HAVE ARISEN WITH RESPECT TO THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
NEW YORK, 25 JUNE 2021
Mr. President,
Let me begin by congratulating you and the other members of the bureau on your election. Malaysia is confident that the 31st meeting of States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) will achieve its objectives under your able stewardship, particularly in these challenging times.
2. My delegation would also like to thank the Secretary-General for the report submitted pursuant to Article 319 of the Convention on the latest developments and issues relating to ocean affairs and the law of the sea. Indeed, the COVID-19 global pandemic has had a severe impact in many aspects, including ocean-based sectors and activities such as fishing, shipping and tourism.
3. Malaysia believes that a cooperative, coordinated and integrated approach to ocean-related issues, including our collective efforts to address the decline of the health of the oceans, continues to be important. Ocean warming and acidification continue to adversely impact low-lying coastal States, small island developing States and coastal communities. Sea-level rise, a key feature of climate change, remains one of the greatest challenges at the present time.
Mr. President,
4. Malaysia continues to uphold the principles enshrined in the Convention and has enacted domestic legislation to give effect to the Convention. Towards this end, Malaysia is committed in keeping its maritime zones safe and secure for international transport, international trade, and other ocean-related economic uses.
5. Malaysia is geographically located between two important and strategic waterways, namely the Straits of Malacca and Singapore and the South China Sea. In addition to being a trading nation, marine-related resources, industries and activities contribute greatly to Malaysia’s national economy and development.
6. Acknowledging that the efficacy, safety and security of these waterways is vital for national, regional and international shipping, Malaysia, together with its littoral neighbours, have worked together through the Cooperative Mechanism for the Straits of Malacca and Singapore, to ensure the safety of navigation in one of the world’s busiest straits used for international navigation. The Cooperative Mechanism has also been widely recognised as a successful model of cooperation among littoral states, as encouraged by the Law of the Sea Convention. The Cooperative Mechanism also provides a platform and avenues for other stakeholders, including user states and the shipping industry, to engage and contribute towards efforts to maintain and enhance safety of navigation and the protection of the marine environment in the Straits.
7. Coastal states face numerous challenges in their maritime areas such as terrorism; piracy and armed robbery; smuggling; trafficking; illegal dumping; pollution; environmental degradation; and Illegal, Unreported and Unregulated (IUU) fishing. Malaysia believes that cooperation to strengthen maritime domain awareness is important to address these common challenges. Malaysia continues to encourage and promote cooperation relating to maritime security and maritime domain awareness including through various ASEAN-led mechanisms, such as the East Asia Summit (EAS), ASEAN Regional Forum (ARF), ASEAN Maritime Forum (AMF) and Expanded ASEAN Maritime Forum (EAMF).
8. As regards maritime security, Malaysia continues to undertake comprehensive efforts to secure the safety and security of its maritime area to safeguard its sovereignty and national interests, as well as to ensure safe passage for international shipping. In a similar vein, Malaysia also believes that such efforts would only be effective by working together with our neighbours.
9. Malaysia alongside Indonesia, Singapore and Thailand established the Malacca Straits Coordinated Patrols (MSP). And through its 2 components – the Malacca Straits Sea Patrol and the Eyes-in-the-Sky air patrols, provide comprehensive aerial and maritime surveillance to ensure security in the Straits of Malacca. Malaysia, together with Indonesia and the Philippines also have a platform under the Trilateral Cooperative Arrangement (TCA) in our common efforts to strengthen maritime security in the Sulu and Sulawesi Seas.
10. Among the key factors in addressing maritime security issues would be a coastal state’s capacity and capability. Of course, capacities and capabilities would differ from one coastal state to another. This is where capacity-building and technical assistance from regional and international partners would be very much welcomed. Nevertheless, it is important to be mindful that such assistance does not impinge upon the sovereignty of the coastal state.
Mr. President,
11. My delegation also reaffirms Malaysia’s belief in the Convention as a significant document regulating every aspect on the use and resources of the sea, and which contributes to the strengthening of peace, security, cooperation and friendly relations among all the countries in the world. Malaysia further recognises the contributions and roles of the three main organs under the Convention, namely the International Tribunal for the Law of the Sea (ITLOS), the International Seabed Authority (ISA) and the Commission on the Limits of the Continental Shelf (CLCS).
12. We commend the efforts of these bodies in finding innovative ways to progress their important work during the pandemic. We support ongoing efforts by the ISA to develop draft regulations, standard and guidelines for deep-sea mining exploitation of the Area, as well as ITLOS for its judicial and administrative work, including capacity building activities in the law of the sea. Malaysia was one of the countries that participated in the 14th ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS.
13. We support the decision to extend the term of CLCS members by a year, with a view to allow the current membership more time to complete consideration of the submissions that are at the advanced stage. We thank the coordinators of the Open-ended Working Group (OEWG) for their efforts in finding sustainable and permanent solutions to the conditions of service of the members of CLCS. Malaysia, as a member of the CLCS, continues to assume our obligation to support our national expert (Dr. Mazlan Madon) in the Commission.
Mr. President,
14. This week, the General Assembly decided to further postpone the Fourth Session of the Intergovernmental Conference (IGC) on the draft treaty under UNCLOS concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ), in view of the pandemic-related restrictions. Malaysia reaffirms our commitment to the BBNJ process and in marine biodiversity conservation and shares the hope that the fourth IGC could be reconvened in early 2022. We thank the President for her efforts in maintaining momentum on the BBNJ process through intersessional dialogue, and DOALOS for their untiring efforts in providing the necessary support towards the process.
15. Now that we have entered the Decade of Ocean Science for Sustainable Development (2021-2030), let us strengthen our resolve to restore and protect the health, resilience and productivity of the oceans. “Certain great questions are put to mankind”, said Tolstoy, “not that men should answer them but that they should keep on trying”. I have every confidence that slowly but surely we shall succeed. My delegation looks forward to working with you and other delegations and will extend its firm support and cooperation on our work on oceans and the law of the sea at the various platforms.
Thank you, Mr. President.