8 The designation of the axis lines of the sea lanes has been
made after years of careful studies being carried out by Indonesia on various factors,
such as:
.1 the need of international transportation and aviation in
transiting Indonesian waters;
.2 the hydrographic and natural marine conditions in and near the
relevant axis lines;
.3 the intensity of coastal and inter-island navigation and
overflight;
.4 the intensity of fishing activities, particularly of local
artisanal fishermen;
.5 the existence of oil and gas exploration and exploitation;
.6 the presence of maritime installations and structures, as well
as underwater cables and pipe lines;
.7 the need to protect marine environment and marine parks as
well as marine ecosystem;
.8 the development of coastal and marine tourisms;
.9 the peace, stability and security of Indonesia, particularly
the heavily populated coastal zones;
.10 the capacity of law enforcement agencies to monitor navigation and
overflight in the relevant areas so that law and order can be safeguarded.
9 Once IMO adopts the proposals, the Government of Indonesia will
designate or prescribe the sea lanes in accordance with article 53, paragraph 9. In
designating or prescribing the sea lanes, the Government of Indonesia will enact rules and
regulations for the exercise of the archipelagic sea lanes passage, taking into account
the various provisions of UNCLOS and the local requirements of safety of navigation and
the need to protect the marine environment.
10 The designation of archipelagic sea lanes in certain archipelagic
waters does not affect the exercise of the right of innocent passage outside the sea lanes
in the relevant archipelagic waters in accordance with article 52, paragraph 1 of UNCLOS.
11 The designation of the present archipelagic sea lanes shall be
without prejudice to the designation of other sea lanes in other parts of the Indonesian
archipelagic waters in the future when Indonesia is ready to do so after conducting the
necessary studies and surveys. Pending the designation of other sea lanes through other
parts of the archipelagic waters, the right of sea lanes passage may be exercised in the
relevant archipelagic waters in accordance with the Law of the Sea Convention, 1982.
12 For the purposes of safety of navigation and the safety of
Indonesia, foreign tankers, vessels using nuclear energy, foreign vessels carrying nuclear
substances and other dangerous goods, foreign fishing vessels, as well as foreign warships
transiting through the Indonesian waters from one part of the Exclusive Economic Zone or
the high seas to another part of the Exclusive Economic Zone or high seas are recommended
to transit through the sea lanes in accordance with the Law of the Sea Convention, 1982
and other applicable rules of international law.
