SYMPOSIUM ON THE ENHANCEMENT OF SAFETY OF NAVIGATION AND THE ENVIRONMENTAL PROTECTION OF THE STRAITS OF MALACCA AND SINGAPORE
March 13 - 14, 2007
Kuala Lumpur, Malaysia
This Symposium on the Enhancement of Safety of Navigation and Environmental Protection of the Straits of Malacca and Singapore (hereinafter referred to as "Straits") was convened by the Maritime Institute of Malaysia (MIMA), Malaysia, the Centre for Southeast Asian Studies. Indonesia, S. Rajaratnam School of International Studies (RSIS), Singapore, and the Nippon Foundation, Japan, in Kuala Lumpur, Malaysia on 13th and 14th March, 2007,
The safety of navigation and environmental protection of the Straits has been the responsibility of the three littoral States (Indonesia, Malaysia, and Singapore), With the co-operation and support of the Nippon Foundation and the Malacca Strait Council, the three littoral States have taken the necessary measures to enhance the safety of navigation and environmental protection. At present, the costs of ensuring the enhancement of safety of navigation and environmental protection are not borne fairly and equitably amongst littoral States, user States and other beneficiaries of passage through the Straits. Given such circumstances, the convening of this Symposium is timely and highly valuable.
This Symposium aims to further advance the proposal for co-operative arrangements for burden sharing agreed by the three littoral States at the 2005 Jakarta Meeting and the 2006 Kuala Lumpur Meeting.
The 2007 Kuala Lumpur Symposium;
RECOGNIZING the Batam Joint Statement, adopted on 2 August 2005 by the Fourth Tripartite Ministerial Meeting of the littoral States on the Straits,
RECALLING the achievements of the Jakarta Meeting and upholding the Jakarta Statement, adopted on 8 September 2005 by the Jakarta Meeting,
RECALLING ALSO the achievements of the Kuala Lumpur Meeting and upholding the Kuala Lumpur Statement, adopted on 20 September 2006 by the Kuala Lumpur Meeting,
COMMENDING the progress towards the establishment of the co-operative mechanism between littoral States and user States, the shipping industry and other stakeholders to facilitate regular discussion, exchange of information and co-operation including the option of burden-sharing for the safety of navigation and environmental protection in the Straits,
NOTING WITH APPRECIATION the contribution from the littoral States and other stakeholders have made and continue to make towards the enhancement of the safety of navigation and environmental protection in the Straits,
THE FOUR INSTITUTES AGREED:
A. The enhancement of the safety of navigation and environmental protection of the Straits derives from the following points:
1. The Straits continues to be the most important trade route in international maritime transportation. With the expansion of world trade, the traffic volume is estimated to increase from 4.0 billion DWT in 2004 to 6.4 billion DWT in 2020, and it will increase the risk of accidents and marine pollution.
2. The increasing traffic through the Straits poses significant risk to the biodiversity and the marine environment and the livelihood of the coastal communities and to the fishing and tourism industries.
3. The cost of providing and maintaining aids to navigation and other safety measures are expected to increase significantly as traffic through the Straits increases.
4. The preliminary cost benefit analysis shows that the benefit obtained from the installation of the navigational aids is clearly more than their cost.
5. In this context, Japan should be commended for providing voluntary funding of more than 150 million US dollar over the past 30 years to enhance safety of navigation and environmental protection in the Straits.
6. Recognizing that user States have responsibility to co-operate with littoral States under the Article 43 of UNCLOS to establish and maintain aids to navigation and to prevent pollution in the Straits, some user States have recently pledged their support for projects presented by the littoral States at the 2006 Kuala Lumpur Meeting.
7. As major beneficiaries, shipping industries and other users should also share the financial costs required to maintain and promote navigational safety and environmental protection in the Straits.
B. That burden sharing measures should be based on the following principles.
1. The sovereignty of the three littoral States over their parts of the Straits must be respected.
2. The burden sharing measures should aim to realize the provisions of the Convention on the Law of the Sea, including the framework for co-operation stipulated in Article 43.
3. Shipping companies and other users should recognize their corporate social responsibility towards the promotion of navigational safety and environmental protection of the Straits and voluntarily provide the necessary assistance to the littoral States.
C. That a fund for safety navigation and environmental protection of the Straits should be established as follows:
1. A fund, as discussed in the Kuala Lumpur Meeting, should be established to provide a channel for shipping companies and other users to voluntarily provide financial support for maintenance and replacement of the aids to navigation and other measures for safety and environmental protection in the Straits. This fund could be referred to as the "Malacca Straits Fund".
2. Shipping industries and other users as a major potential contributor towards pollution and maritime accidents should contribute voluntarily to the above fund. Contributions from other entities are also welcomed.
3. Presently, an estimated 4.0 billion Dead Weight tonnage of shipping transit the Straits annually. If every transiting ship contributed only one cent per Dead Weight tonnage to the Malacca Straits Fund, it will generate 40 million US dollars annually to the fund.
4. The management and other related issues in establishing the above fund, including carrying out audit and assessment by cost benefit analysis, should be agreed by the three littoral States in consultation with major contributors, in co-operation with the IMO.
D. To welcome:
1. The views expressed by the Nippon Foundation on the further co-operation towards the enhancement of safety of navigation and environmental protection in co-operation with the littoral States, including setting up a fund which involves the voluntary contribution from users.
2. The offer of continued support of the Japanese Shipowners' Association for voluntary contribution for the enhancement of safety of navigation and environmental protection in the Straits.
3. The interests of the International Chamber of Shipping, the Baltic and International Maritime Council and the INTERTANKO to enter into the discussion with the relevant parties on modality and mechanism for voluntary contribution to the establishment of the fund.
E. To strengthen their co-operation as follows:
1. MIMA, on behalf of the four institutes, will convey this consensus document of the Symposium to the governments of the three littoral States and seek to present the conclusion of this Symposium to the 2007 Singapore Meeting.
2. The four institutes will work together to further study the issues involved in the establishment, management and operation of the above fund.
EXPRESSED DEEP APPRECIATION to the Maritime Institute of Malaysia for the excellent arrangements made for the facilities and hospitality provided during the Kuala Lumpur Symposium.