Indonesia-Malaysia Border

From Wikipedia, the free encyclopedia

The border between the Southeast Asian countries of Indonesia and Malaysia consist of both a land border separating the two countries' territories on the island of Borneo as well as maritime boundaries along the length of the Straits of Malacca, in the South China Sea and in the Celebes Sea.

The land boundary has a length of 2,019.5km and stretches from Tanjung Datu at the northwestern corner of Borneo, through the highlands of the Borneo hinterland, to the Gulf of Sebatik and the Celebes Sea in the eastern side of the island. The boundary separates the Indonesian provinces of East Kalimantan and West Kalimantan, and the Malaysian states of Sabah and Sarawak.

The maritime boundary in the Straits of Malacca generally follows the median line between the Indonesian and Malaysian baselines, running south from the tripoint with Thailand to the start of the maritime border with Singapore. Only part of this boundary has been delimited through a continental shelf boundary treaty in 1969 and a territorial sea boundary treaty in 1970. The continental shelf boundary between Indonesia and Malaysia in the South China Sea is also drawn along the equidistant line between the baselines of the two countries under the 1969 continental shelf boundary. The border in the Celebes Sea was subject to dispute between the two countries but was settled through the judgement of the International Court of Justice in the Sipadan and Ligitan Case in 2002 and is now awaiting delimitation between the two countries. Malaysia in 1979 produced a map showing its continental shelf boundary which was unilaterally drawn up. No neighbouring countries, including Indonesia, recognise the boundaries except for those determined through treaties.

There are numerous sea transport crossings between Indonesia and Malaysia, mostly between Indonesia's Sumatra island and Peninsula Malaysia but also between the Indonesian province of East Kalimantan and Malaysia's Sabah state. The only official land transport crossing point is at Entikong (in Indonesia)/Tebedu (in Malaysia).

The border, both land and maritime, is relatively porous and has allowed a huge influx of illegal immigrant workers from Indonesia to Malaysia.

Contents

[edit] The border

[edit] Maritime boundaries

The maritime boundaries between Indonesia and Malaysia are located four bodies of water, namely the Straits of Malacca, Straits of Singapore, South China Sea and Celebes Sea. The territorial seas of both countries (both claim a 12 nautical mile territorial sea) only meet in the Straits of Malacca and Straits of Singapore. Territorial sea boundaries also exist at the continuation of both ends of the land boundary between the two countries in Borneo. Only continental shelf boundaries have been agreed to in the South China Sea and the continental shelf boundary in the Celebes Sea has not been determined at all.

[edit] Straits of Malacca and Straits of Singapore

The continental shelf boundary and the territorial sea boundary generally runs along the median line between the baselines of the two countries. Indonesia and Malaysia both agreed to a continental shelf boundary in 1969 (signed on 27 October 27 1969)[1] and a territorial sea boundary in 1970 (signed on 17 March 1970)[2]. The two countries together with Thailand entered to an agreement on 21 December 1971 established a common maritime tripoint as well as extended the continental shelf boundary between Indonesia and Malaysia from the northern terminus defined in the 1969 agreement to meet the tripoint in a straight line.[3]

Both the continental shelf boundary and territorial sea boundary generally follow the equidistant line between the baselines of the two countries. The continental shelf and territorial sea boundaries are generally one and the same line with the same turning points except for one turning point of the territorial sea boundary known as "Turning Point 6" which does not apply to Malaysia, with the Malaysian territorial sea boundary running directly from Turning Point 5 to Turning Point 7, which coincides with the continental shelf boundary as defined by the 1969 apgreement. This phenomenon creates a small triangle of sea in the southern part of the Straits of Malacca which forms part of the Indonesian continental shelf but not part of the country's territorial sea.

The continental shelf and territorial sea boundaries beyond the southern terminus of the 1969 and 1970 agreements have not been agreed to. The 1979 territorial sea and continental shelf map published by Malaysia[4] provides the unilaterally drawn continental shelf cum territorial sea (the width of the Straits of Malacca and Straits of Singapore do not allow both countries to claim their maximum 12 nautical miles territorial sea) boundary connecting the southern terminus with the tripoint between Malaysia, Indonesia and Singapore to the west of Singapore. This boundary is not recognised by any of Malaysia's neighbours and the boundary's southern-most turning point, namely Point 17, is inside Indonesia's baseline in the Riau Islands, giving the impression that Malaysia is claiming a slice of Indonesia's internal waters as part of its territorial sea.[5]

[edit] South China Sea and Straits of Singapore (Off the eastern shore of Peninsula Malaysia)

Only the continental shelf boundary has been determined between the two countries for this portion of their maritime border. The 1969 continental shelf boundary agreement marks the southern terminus or "Point 11" at 104° 29'.5E 01° 23'.9N and the northern terminus or "Point 20" at 105° 49'.2E 06° 05'.8N. There are eight turning points between these two termini. The border follows the equidistant line between the baselines of Indonesia and Malaysia and Point 20 is the equidistant point between Indonesia, Malaysia and Vietnam.[6] The southern terminus of the continental shelf boundary would not appear to have any conflict with the common tripoint between Indonesia, Malaysia and Singapore. The southern termninus is also to the east of Pedra Branca which was disputed between Malaysia and Singapore and eventually awared to Singapore by an ICJ ruling.

There is no territorial sea boundary agreement between Indonesia and Malaysia for this portion of their maritime border. Although no overlapping of territorial sea is apparent for most part of this segment of the border, the southern portion of should still see some overlapping claims because of the proximity of the the shores of the two countries as well as that of Singapore. No agreement exits to cover the border between the southern terminus of the 1969 continental shelf border and possible tripoint between Indonesia, Malaysia and Singapore. Neither has the common border between Malaysia and Singapore from this tripoint to the eastern terminus of the border between the two countries as determined in a 1995 agreement been agreed to.

Malaysia's 1979 continental shelf and territorial sea map unilaterally connects the southern terminus of the continental shelf boundary with the Malaysia-Singapore maritime border at the eastern entrance of the Straits of Johor. The map includes Pedra Branca as being inside Malaysia's territorial sea. Both Indonesia and Singapore do not recognise the borders drawn in the 1979 map, which will require revision since the awarding of Pedra Branca to Singapore by the ICJ.

[edit] South China Sea (Off the western extremity of Sarawak)

Again, only the continental shelf boundary agreement of 1969 exists for this segment of the maritime border between the two countries. The maritime border is a continuation of the land boundary from Tanjung Datu at the western extremity of the Malaysia state of Sarawak, known as "Point 21" with coordinates 109° 38'.8E 02° 05'.0N. From this point, the border proceeds in a general northerly direction to "Point 25" 109° 38'.6E 06° 18'.2N which is at the 100 fathom point or the edge of the continental shelf.

[edit] Celebes Sea

There is no agreement over the maritime boundary in this segment. The 1979 continental shelf and territorial sea map by Malaysia depicts Malaysia's territorial sea and continental shelf border running southeast from the easternmost point of the land boundary between the two countries at 4° 10' North. Indonesia does not recognise the borders of the map.

The map also puts the islands of Sipadan and Ligitan within Malaysian territorial waters. Indonesia initially rejected the assertion that the islands belonged to Malaysia and both countries brought the dispute to the International Court of Justice. In 2002, the court decided that the sovereignty of the two islands belonged to Malaysia. The court does not determine where the maritime boundary should run after it leaves shore and specifically decided that the 4° 10' North parallel which marks the easternmost portion of the Indonesia-Malaysia border in Sebatik island according to the 1891 border convention did not extend into sea to form either the territorial sea or continental shelf border.[7]

[edit] Land border

The principal document determining the land border between Indonesia and Malaysia on the island of Borneo is the Border Convention or London Convention of 1891[8] which was signed in London signed between Great Britain and the Netherlands, the two relevant colonial powers of that time, on 20 June 1891. The treaty was subsequently adopted by Indonesia and Malaysia as successor states. Subsequent agreements between the countries in 1915[9] and 1928[10] fine-tuned the border further.

The convention states that the eastern end of the border would start at the 4° 10' North latitude[11], proceeding westward across the island of Sebatik off the coast of Sabah near Tawau town, disecting it[12]. The border then acrosses the water channel between Sebatik and the mainland and travels up along the median line of the Tambu and Sikapal channels until the hills which form the watershed between the Simengaris (in Indonesia) and Serudung (in Malaysia) rivers.[13] The border travels generally northwestward towards the 4° 20'N, and then generally westwards but accommodating the watershed, although the Pensiangan, Agisan and Sibuda rivers are allowed to intersect the border. The border then follows the line of ridges along the watershed between major rivers following northwards into the South China Sea, and those flowing eastwards, southwards and westwards into the Celebes Sea, Java Sea and Karimata Straits until Tanjung Datu at 109° 38'.8 E 02° 05'.0 N in the western extremity of Sarawak. The watershed is however not followed in a short stretch southwest of Kuching between Gunung Api at 110° 04'E and Gunung Raja at 109° 56'E where the border follows streams, paths, crests and straight lines which are marked by boundary markers and pillars.[14]

On 26 November 1973, a memorandum of understanding was signed between Indonesia and Malaysia for the joint survey and demarcation of their common land border. Work began on 9 September 1975 and was completed in February 2000. As of 2006, a total of 19 memoranda of understanding with 28 maps had been signed between the two countries pertaining to the survey and demarcation of the border covering a distance of 1,822.3km of the 2,019.5km border[15].

[edit] History

The birth of the Indonesia-Malaysia border, or at least the portion for what is today Peninsula Malaysia, can be attributed to the 1824 treaty between Great Britain and the Netherlands which was signed in London on 17 March 1824. The treaty determined the spheres of influence in the Malay archipelago between the two colonial powers - Great Britain and the Netherlands. Great Britain was allowed to establish colonies to the north of the Straits of Malacca and Straits of Singapore while the Dutch were allowed to colonise areas to the south of the bodies of water. This line of separation between the spheres of influence became the basis of the border between British Malaya and the Dutch East Indies and ultimately, their successor states Malaysia and Indonesia.

On Borneo, the expansion of British and Dutch interests and influence over local sultanates and kingdoms occurred gradually throughout the 19th century. The northern shore of Borneo saw the British adventurer James Brooke become the Rajah of Sarawak in 1842 and gradually expanded his kingdom to its present shape and size in 1905. The Sultan of Brunei's territories in today's Sabah were initially leased to Austrian interests, which ultimately fell into the hands of the British, which later formed the British North Borneo Company. The Sultan of Sulu also ceded its territories on the east coast of today's Sabah to the British in 1878. In the southern part of Borneo, the Dutch were negotiating treaties with various sultanates, allowing it to be the dominant colonial power in that portion of the island. In 1889, as the acquired territories of the two powers started to get closer, a commission was created to recommend a boundary. The recommendations were legalised in the Boundary Convention of 1891 which was signed in London on 20 June 1891. The boundary was updated in the Boundary Agreement of 1915 which was signed in London on 28 September 1915, and again in another Boundary Convention which was signed in The Hague, the Netherlands, on 26 March 1928.[16][17]

[edit] Disputes

The main territorial disputes between Indonesia and Malaysia have occurred in the Celebes Sea. Both countries previously claimed sovereignty over the Sipadan and Ligitan islands. The dispute over the Ambalat block of the Celebes Sea seabed, believed to be rich in mineral resources, continues.

[edit] Sipadan and Ligitan

Sipadan and Ligitan are two small islands just off the east coast of Borneo which were claimed by Indonesia and Malaysia. The dispute originated in 1969 when the two countries negotiated to delimit the common border of their continental shelf. As the two countries could not agree on the soveignty of the two islands, the continental shelf border was left off the 1969 agreement between the to countries.

Indonesia claimed that the islands were theirs by virtue of the fact that they were located south of 4" 10" North which it said formed the maritime border between it and Malaysia by virtue of a straight line extension of the land border which ended on the east coast Sebatik island. Malaysia however, claimed a stretch of territorial waters and the continental shelf south of the latitude which included the two islands. The claim was confirmed through its map which it published in 1979. Indonesia protested the delimitation on the map.

The dispute was brought before the International Court of Justice and on 17 December 2002, decided that sovereignty of Sipadan and Ligitan belonged to Malaysia on the basis of effectivitès.[18] It however did not decide on the question of territorial waters and maritime borders. This allowed the dispute over territorial waters and continental shelf to remain unresolved. The dispute over the Ambalat block (see below) can be seen to be part of this dispute over territorial waters and continental shelf.

See their respective pages for more on Sipadan and Ligitan.

[edit] Ambalat

Ambalat is a area of the sea bed sea block in the Celebes Sea off the east coast of Borneo which is claimed by Indonesia and Malaysia. The seabed is believed to be rich in crude oil. Contrary to popular belief, the International Court of Justice decision over the sovereignty of Sipadan and Ligitan did not solve the dispute over Ambalat as it did not include issues concerning the demarcation of the territorial sea and continental shelf boundaries of the two countries in the area.[19]

The dispute can be said to have started with Malaysia issuing a map in 1979 of its territorial sea and continental shelf which included the Ambalat block. Indonesia has, like the other neighbours of Malaysia, objected to the map. According to the map, Malaysia's maritime boundary is drawn in a southeast direction into the Celebes Sea after it leaves the eastmost point on land on Sebatik island, thus including the Ambalat block within the Malaysian continental shelf. Indonesia has never officially announced the exact locations of its maritime boundaries but claimed during its arguments in the Sipadan Case that it continued in a straight line along the 4° 10' North latitude after it leaves Sebatik.

The dispute has created considerable tension between the two countries, with several facing-off incidents between the navy ships of both countries. Negotiations are currently on-going to resolve the dispute.

For more on the dispute, please see the Ambalat page.

[edit] Border crossings

[edit] Land crossings

There is only one official land border crossing, namely between the Malaysian town of Tebedu in Sarawak and Entikong in West Kalimantan. The crossing is along the main route between Kuching, the capital of Sarawak, and Pontianak, the capital of West Kalimantan.

There are numerous other informal crossings between Indonesia and Malaysia along the length of the land border, such as in Serikin near Kuching, Bario in the Kelabit Highlands and Sapulut in the interior of Sabah. These are mostly used by the local population and a certain amount of crosss-border trading and smuggling goes on at these and other illegal crossings. Illegal immigrants are also known to use such crossings.

[edit] Sea crossings

There are numerous scheduled sea crossings between Indonesia and Malaysia, mostly between ports in the former's island of Sumatra and Peninsula Malaysia. Here is a list of ports (Indonesian port followed by the Malaysian port) where scheduled boat services operate as of April 2008:

Sumatra-Peninsula Malaysia

East Kalimantan-Sabah

[edit] See also

[edit] References

  1. ^ “Continenetal Shelf Boundary: Indonesia-Malaysia”, International Boundary Study Series A Limit in the Seas 1, 21 January 1970, <http://www.law.fsu.edu/library/collection/LimitsinSeas/ls001.pdf> (map)
  2. ^ “Indonesia-Malaysia Territorial Sea Boundary”, International Boundary Study Series A Limit in the Seas 50, <http://www.law.fsu.edu/library/collection/LimitsinSeas/ls050.pdf>  (map)
  3. ^ “Maritime boundaries: Indonesia-Malaysia-Thailand”, International Boundary Study Series A Limit in the Seas 81, 27 December 1978, <http://www.law.fsu.edu/library/collection/LimitsinSeas/LS081.pdf>  (map)
  4. ^ See map reproduced by the Singapore Ministry of Foreign Affairs in the country's response in the International Tribunal of the Law of the Sea case concerning the reclamation of lands by Singapore in the Straits of Johor.
  5. ^ See map and points raised by Singapore pertaining to the 1979 map in: Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), 1 Memorial of Singapore , p22 (International Court of Justice 2004).
  6. ^ “Continenetal Shelf Boundary: Indonesia-Malaysia”, International Boundary Study Series A Limit in the Seas 1: 5, 21 January 1970, <http://www.law.fsu.edu/library/collection/LimitsinSeas/ls001.pdf> 
  7. ^ Case concerning the Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia), Judgment of 17 December 2002 , p47 (International Court of Justice 1998).
  8. ^ Convention between Great Britain and the Netherlands Defining the Boundaries in Borneo, June 20, 1891.
  9. ^ Agreement between the United Kingdom and the Netherlands relating to the Boundary between the State of North Borneo and the Netherland Possessions in Borneo, September 28, 1915.
  10. ^ Convention between His Majesty in respect of the United Kingdom and Her Majesty the Queen of the Netherlands respecting the Delimitation of the Frontier between the States in Bomeo under British Protection and Netherlands Territory in that Island, March 26, 1928.
  11. ^ Convention of 1891, Article I.
  12. ^ Convention of 1891, Article IV: From 4° 10' North latitude on the east Coast the boundary-line shall be continued eastward along that parallel, across the Island of Sebittik: that portion of the island situated to the north of that parallel shall belong unreservedly to the British North Borneo Company, and the portion south of that parallel to the Netherlands.
  13. ^ Agreement of 1915, (2) Starting from the boundary pillar on the West coast of the island of Sibetik, the boundary follows the parallel of 4° 10' North latitude westward until it reaches the middle of the channel, thence keeping a mid-channel course until it reaches the middle of the mouth of Troesan Tamboe. (3) From the mouth of Troesan Tamboe the boundary line is continued up the middle of this Troesan until it is intersected by a similar line running through the middle of Troesan Sikapal; it then follows this line through Troesan Sikapal as far as the point where the latter meets the watershed between the Simengaris and Seroedong Rivers (Sikapal hill), and is connected finally with this watershed by a line taken perpendicular to the centre line of Troesan Sikapal.
  14. ^ “Indonesia – Malaysia Boundary”, International Boundary Study 45, 15 March 1965, <http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS045.pdf> 
  15. ^ Ahmad Fauzi, Nordin (2006). "Land and River Boundary Demarcation and Maintenance - Malaysia's Experience" (PDF). Working paper at International Symposium on Land and River Demarcation and Maintenance in Support of Borderland Development. Retrieved on 2008-04-11.
  16. ^ “Indonesia – Malaysia Boundary”, International Boundary Study 45, 15 March 1965, <http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS045.pdf> 
  17. ^ International and Interstate Boundaries, <http://www.nre.gov.my/NRE/Knowledge/a.action?action=ViewWebsiteKnowledgeDetailEn&knowledgeID=181&language=en>. Retrieved on 2 April 2008 .
  18. ^ Case concerning the Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia), Judgment of 17 December 2002 , p47 (International Court of Justice 1998).
  19. ^ Energy Security and Southeast Asia: The Impact on Maritime Boundary and Territorial Disputes. Harvard Asia Quarterly. Fall 2005.
Languages