BOUNDARIES NEGOTIATIONBOUNDARIES NEGOTIATIONIndonesia's Perspective on Complex Maritime Boundaries Negotiation Process

SESSION 4

BEBEB A.K.N. DJUNDJUNANDirector for Legal Affairs and Territorial TreatiesMinistry of Foreign AffairsINDONESIA © 2020

Boundaries Negotiation

UN CharterArticle 2 para (3)

Article 33 para (1)

UNCLOS 1982 Articles 15, 74, 83

Means and methods of resolving maritime boundary disputes

“..by peaceful means”

Legal Basis

DjuandaDeclaration13 Des 1957

Law No. 4 of 1960 juncto. Law No. 6 of

1996 regarding Indonesian Waters

Archipelagic state is a statethat its territory comprises ofone or more islands and may

includes of another islands (Art1)

The Republic of Indonesia is anArchipelagic State (Art 2)

UNCLOS 1982 "archipelagic State" means a State constituted wholly by one or more archipelagos and may

include other islands

ARCHIPELAGICSTATE CONCEPT

INDONESIA AND ITS 10 NEIGHBOURSConcluded 18 Boundary Agreements

(with 9 Countries)

1969 - 2014

OVERVIEWB O U N D A R I E S D E L I M I T A T I O N A GR E E M E N T

I N D O N E SI A W I T H 1 0 N E I GHB O U R I N G C O U N T R I E S

22AGREEMENTS

NEED TO BE CONCLUDEDFROM ALL RELATED

MARITIME ZONES

11AGREEMENTSCONCLUDED

50%COMPLETION

Progress:

Pre-Negotiaton Phase

Necessity for Delimitation

Relevant Legislation

Political Decision

Forming Negotiation

Team

Stakeholders with various expertise

PoliticalLegal Technical Economic

Ministry of Foreign Affairs

Ministry of Defense

Ministry of Energy and

Mineral Resources

Ministry of Marine and Fisheries

Ministry of Transportation

Naval Centre of Hydro

Oceanography

Information and Geospatial

Agency

National Defense Forces

HQNaval HQ

INDONESIA NEGOTIATING TEAM

LeadNegotiator

Border Diplomacy as

the main element of Indonesian

Diplomacy

Negotiation Phase

TECHNICAL DISCUSSION ON MARITIME BOUNDARY

DELIMITATIONà Position Paper and Agenda

RECORD OF DISCUSSIONà Report to Higher Authoritiesà Approval from Leaders

AGREEMENTà Ratification

INDONESIA

Negotiation Processes

NEGOTIATORS:PROPOSING POSITION AND UNDERLYING ARGUMENTS

FOREIGN COUNSELS:LEGAL AND TECHNICAL

GOVERNMENT’S ADVISORY BOARD AND SELECTED EXPERTIES

NEGOTIATE

CONCLUDE NEGOTIATION NEGOTIATE

REPORT TO ADISORYBOARD

NEGOTIATORS REPORT TO MINISTER/S

NEGOTIATION TEAMRENEWEDEVERY

5 YEARS

In 2004, MoFA Indonesia issued decree to establishthe technical maritime boundaries team (TechnicalTeam) that will be advised by former negotiators.

PROVISIONAL ARRANGEMENTS

Paragraph 3 of Articles 74 and 83 UNCLOS

Different types of provisional arrangements

(as feature in recent maritime boundary practice) :

provisional boundaries

special areas

joint development

DUTY TO COOPERATE

• Clear principles to conduct the negotiation à based on UNCLOS 1982

• Different strategies to advance the negotiations

Special Envoy

Exploratory Meetings prior to Technical Meeting in order to obtain common understanding of each other's position

Informal Meeting between Ministers, the most recent DG (INA) - Deputy FM (VN).

Negotiation FrameworkUnprecedented event (COVID-19 Outbreak)

Limited opportunity to practice physical activity

Indonesia’s way to keep the momentum à Use of Technology

Video Conference meeting with to discuss modalities

2020

1 1 2

Number of meetings

INDONESIA’S PRACTICES ON BOUNDARY NEGOTIATION

with

DONE• EEZ Mindanao Sea

and Sulawesi Sea ( Agreement 2014)

PENDING• Continental Shelf

P H I L I P P I N E S

Indonesia(Archipelagic)

Philippines(Archipelagic)

Common perspective

towards UNCLOS

“Easier”Negotiation

DONE• Territorial Sea Boundary Tanjung Rhu

– Pulau Iju (1970 Agreement)• Continental Shelf Boundary (1969

Agreement)

PENDING• Northern Part of the Strait of Malacca

(EEZ)• Southern Part of the Strait of

Malacca (Territorial Sea)

M A L A Y S I A (STRAIT OF MALACCA)

M A L A Y S I A ( SOUTH CHINA SEA )

DONECONTINENTAL SHELF BOUNDARY• Western Part of the South China

Sea Segment (1969 Agreement)• Eastern Part of the South China

Sea Segment (1969 Agreement)

PENDING• Territorial Sea (near Tanjung Datu)• Exclusive Economic Zone

Boundary

Difference between the use of single and multiple boundary lines

National Interest International Law

(UNCLOS, etc)

EEZ and Continental Shelf lines

STRATEGYIndonesia – Malaysiaà the partnerships and issues in maritime and fisheries sectors

MoU Common Guidelines Concerning Treatment of Fishermen by Maritime Law Enforcement Agencies

Preventive Measures Actions

Inspection Request to Leave

Notifying Inspection

Exchange Information

P A L A U

Status : No Agreement yet

Ongoing negotiation to determine EEZ: à Discussion on relevant circumstances

STRATEGY

Find common understanding for relevant circumstances

• 3 Step Approach

Method

• Comprehensiveor

• partially by segmentation

Area of Delimitation • forwarding

solution to practical approach by using segmentation

Way Forward

V I E T N A M

DONEContinental Shelf(2003 Agreement)30 years of negotiation

PENDINGExclusive Economic Zone Boundary (Negotiation since 2010)

WAY TO MOVE FORWARD

Meetings between Senior Officials and/or MinistersFM – FMDG – Deputy FM

• 13 Technical Meetings• 3 Intersessional Meetings (2018,2019)• 3 Informal Meetings

MEETINGS

Boundary Making can be concluded easily

Adhere to International Law (UNCLOS 82 for Maritime, etc)

Bilateral negotiation

PRIORITY

3rd parties settlement

LAST RESORT

NOT PREFERABLE

Indonesia and Singapore conclude 2 segments of territorial seas within 5 years.West Segment (2009) & East Segment (2014)

UNCLOS Friendly Negotiations

PROSPECT

ensure security and stability in the region

30 years of experience

settlement of maritime

boundaries

maritime boundary

negotiations

third party mechanism

Boundary making process

encompass many aspect (sovereignty,

technical, security,

economic, etc)

Boundary making

could be fast or time

consuming (no time frame)

Boundary last forever (as long as the State

exist)

C O N C L U S I O N

MINISTRY OF FOREIGN AFFAIRSREPUBLIC OF INDONESIA

Directorate of Legal Affairs and Territorial TreatiesMinistry of Foreign Affairs of the Republic of IndonesiaMain Building 11th Floor, Jl. Taman Pejambon No. 6, Jakarta 10110, IndonesiaPhone: +6221 384 9618, Fax: +6221 352 4154

Bebeb A.K.N. Djundjunan Email: bdjundjunan@kemlu.go.id