China Never Recognizes Indonesian EEZ in Natuna Sea

On Monday, March 21, 2016, the Indonesian Minister of Foreign Affairs, Retno Marsudi, called the Charge d'Affaires of Chinese Embassy, Sun Wei Dei, protesting him for China aggressive violation on Indonesian right over their Exclusive Economic Zone (EEZ) around Natuna islands.  She put stress, in addition, that Indonesia is not among the claimant countries over the South  China Sea (SCS) so it is inappropriate for China to launch such aggressive action.

The incident which took place on Saturday, March 19, 2016 happened when Kway Fey 10078, Chinese fishing ship, ran around and collided in purpose the Indonesian coast guard KP Hiu 11 that pursued it. Three Indonesian officials jumped and took over the Chinese boat transferring the Chinese crew into KP Hiu and guarded Kway Fey towards Natuna nearest base. On the way back just about entering into Indonesian territorial sea, a Chinese coast guard ship that silently pursued them unexpectedly collided and immobilized Kway Fey. Anticipating an aggravated situation, the three Indonesian officials jumped back to KP Hiu abandoning Kway Fey which was then tugged away by Chinese coast guard ship to their nearest base in SCS. KP Hiu 11, however, kept arresting Chinese crew and brought them to Tiga Natuna island base waiting for a legal process.

The incident showed that China never recognizes Indonesian EEZ in the Natuna Sea. Chinese Charge d'Affaires clearly and openly stated that the fishing boat was operating in Chinese traditional fishing ground, not in Indonesia water. It is now clear for Indonesia that the issue is not merely on illegal fishing but far more seriously than that i.e. a maritime boundary dispute. 

The lesson never learned. Indonesia is always naive when facing a dispute such as in continental shelf or EEZ boundaries issue. Indonesia had a bad experience with Malaysia in Sipadan dispute because of its naivety. Now, when we have a maritime incident with China in Natuna Sea EEZ, again we cannot see what the bottom line is. Apart from several Indonesian ministerial protests put forward to the Chinese Embassy, the Indonesian Foreign Minister seemed satisfying herself by stating the China recognition over Indonesian sovereignty on the Natuna Islands and the right over their sea water. The minister failed, however, to notice that China only stated their recognition on Natuna sea water and never mentioned about Indonesian EEZ. 

If we look at the SCS map, it is obvious that China never challenges and claims Indonesia sovereignty upon the Natuna Islands. The Chinese nine-dash lines were clearly drawn crossing towards inside of our EEZ/Continental Shelf in the up north of Natuna Islands.  Indonesia gains nothing on China recognition on Indonesian sovereignty over Natuna islands as the Chinese nine-dash line already show it.  China indeed recognizes the Natuna island as Indonesian territory and its sea water but it doesn’t mean that it recognizes the whole Natuna EEZ area. There is an obvious overlap between Chinese dash lines and our EEZ in the up north (see the strip lines on the map). Behaving like an ostrich, Indonesia pretends as though Chinese nine-dash lines will never pose any threat to Indonesia. As a non-claimant country, Indonesia believes that the Chinese side will do similarly. 

Now it is time for Indonesia to explicitly refuse  recognizing China nine-dash lines that cross the Indonesian EEZ/Continental Shelf or elsewhere they are very remote from China mainland giving almost no room for their adversary countries to have their own EEZ. From the beginning Indonesia should judge this as Chinese injustice arrogance towards the international community especially its SCS neighboring countries, ignoring the basic principles of UNCLOS 1982. 

Indonesia should immediately withdraw its naïve role as a mediator, behaving like a good kid in the block dreaming that Beijing will be sincere towards Jakarta. China may be stunned or even mocked about Indonesian naivety as being itself a target but behaves as though nothing harmful will happen to Indonesia.  Sooner or later  Beijing will show its true determinism in imposing the whole nine-dash lines into effect including the section that crossing Indonesian EEZ/Continental Shelf. 

And the time now comes when Natuna incident emerged to the surface. China openly claimed that its fishing boat was operating in its traditional fishing ground. This is nothing but China open declaration that  Indonesian EEZ around the Natuna Islands simply doesn’t exist. It claims that what Indonesia considers as its EEZ  in Natuna sea covers what China considers as its traditional fishing ground in which the Chinese dash lines is the boundary.

Indonesia should be strong in maintaining the integrity of its EEZ as well as its Continental Shelf. Beneath Natuna water where Indonesian EEZ is located, there is abundantly oil and gas accumulations. For many decades Indonesia has developed most of that hydrocarbon fields but no single claim was heard from China on those resources. If China doesn’t recognize Indonesian EEZ around Natuna sea then sometime in the future when it feels strong enough with its military base in SCS it may also challenge the Indonesian Continental Shelf in the very same area.

Indonesian Foreign Affair Minister should be aware that the bottom line of the problem is not China recognition on Indonesian right over Natuna sea water but the explicit recognition of Indonesian EEZ and Continental Shelf both de facto and de jure. Observing China aggressiveness in imposing its nine-dash lines into effect, it is no doubt that the only language it speaks and understands to resolve the SCS dispute is power.

Indonesia is not alone in facing head to head against China.  If Indonesia likes to maintain its right in Natuna EEZ, there is no choice but to speak on the same language as China does. Indonesia should prioritize to strengthen its fleet in Natuna islands by increasing the number and capacity of coast guard ships as well as Navy warships. A strategic naval base should be built in the Natuna Islands not only to chase and intercept the illegal fishing boats but also to confront the danger from the north which now becomes real. 

A Total of 13,466 Islands Shape the Indonesian Archipelago

In the official report, it is always mentioned that the number of Indonesian islands is 17,508. This number becomes the sole reference of many institutions both domestically and abroad. This high number is obtained by including coral reefs as islets, whereas they appear only in the low tide but submerge under the water in high tide. 

Under the UN Law of the Sea (UNCLOS) the island is defined as terrain appears above the sea level regardless of whether it is in low or high tide. In addition, it should be capable to support life marked by one or more plants growing on it. As such the number of Indonesian islands should be rectified. 

Based on the geographical surveys done starting from 2007 to 2010 through inventorying and verification of the individual name of the islands and its coordinate determined by means of global positioning system (GPS), the total number of Indonesian islands is 13,466. 

The list of the island names from those surveys output has been submitted to the United Nations Group of Experts on Geographical Names (UNGEGN last year. However, the result of those surveys has not yet been stipulated in government regulation despite its significant implication in many aspects. 

Indonesia has reached many maritime boundary agreements with its neighboring countries but there are still some critical dispute areas which are rich in mineral resources such as Ambalat Sea in the northern part of Makasar Strait.

Another important marine survey that has not yet been carried out so many is bathymetry mapping due to expensive cost. In spite of that, Indonesia as successfully extending its continental self west of Aceh province measuring by 4,200 square kilometers and was approved by the UN in 2010. This extension is possible as the UNCLOS stipulates that as far as the depth of the sea water is less than 200 meters, a country may have a Continental Shelf up to 350 miles from its coastline, beyond the normal 200 miles. 

As an archipelagic state, Indonesia need to settle up all the maritime boundary issues both for fixing the Exclusive Economic Zone (EEZ) as well as Continental Shelf in order to protect our fishermen from being caught by neighbor authority, intercept and seize the illegal fishing boats, conserve marine biodiversity and give firm legal support in offering mineral exploration blocks.

Frontier Islands, the Frontlines or Backyards?

Indonesian people should be very fortunate as their country endowed with thousands of islands spread throughout the band area along the equator of 5600 kilometers long and 2000 kilometers wide. The Indonesian people call this archipelago, which consists of no less than 17,500 islands, equatorial emeralds as they all look so green spread out throughout the blue sea water which covers two-thirds of the country areas.

Among those islands, a total of 92 are located at the outermost peripheral, 12 of which are used as the base points to draw the boundaries with the neighboring countries. A total of 183 base points are required to draw territorial, Exclusive Economic Zone (EEZ) and Continental Shelf boundaries.

All of those sea boundaries are drawn up based on the archipelagic state principles following the United Nations Convention on the Law of the Sea (UNCLOS)  1982 which was nationally ratified by the Law of the Sea No. 17 of 1985. Some of the boundary disputes with the neighboring countries have been settled and some are still an on-going process. There are boundaries which have been settled toughly lasting for years where there are mineral or other natural resources in the surrounding areas.  

As mandated by the UNCLOS 1982, Indonesia is now registering around 5,000 islands at United Nations of which around 3000 islands are enlisted while the rest are still in the line. By August 2011, Indonesia will send an interdepartmental team to the UN Working Group of Expert on Geographical Names in order to finalize the matter.

Indonesian people, the government included, have a negative tendency to consider their country boundaries as the backyards instead of the front lines. Among those 92 frontier islands, 31 have permanent residents, 13 have seasonal residents and 48 are unpopulated, mostly lack of transportation and communication and highly underdeveloped. To cope with all of those problems, the government shows its political will to change the bad attitude by issuing the Presidential Regulation No. 78/2005 with the stress on the coordination of related ministries responsible for solving the issues.

What did and what will the government do to follow up the Presidential Regulation? One significant thing that has been done was the plantation of 1,000 mangrove seedlings and the reclamation of the shorelines of Nipah island in front of Singapore by military personnel to preserve the country boundary median line with Singapore set up in 1973. 

Other programs are in the risk of being slow-down either because of they are not down-to-earth or difficult to coordinate as the ministries involved are so numerous.  The underline is that the outermost islands should be used as the basis of the economic and defense synergy, some of which are good for military quarters and field training.

As most of the islands are remote, the difficulty of the energy supply from the outside especially for electricity generation,  communication and transportation is the most crucial problem to settle. Albeit their lower efficiency and relatively high cost, windmills and solar panel are appropriate to be used in hybrid with the diesel engine.  If possible the fuel is locally produced from the jatropha plantation as it is recently implemented by one of the mining companies in Kalimantan, or other bio-fuels if more appropriate. 

One doesn't need to use cars and build conventional roads in such small islands.  Using motorcycles and building narrow roads suitable for the passage of such motorcycles is more appropriate. To reach the far away distant islands, amphibian airplanes (beach-crafts) are required on top of conventional boats. Last but not least,  the government shouldn't do business as usual and pay more attention to the welfare and morale of the civil servants and military personnel who are posted thereby giving them a reasonable and more appropriate incentive.

We must give appreciation to the initiative and self-supporting expedition done by the Association of Forest Explorer and Mountaineers (Wanadri) and the Nusantara Cultural House who visit and explore all of those frontier islands by means of traditional boats such as Pinisi (Bugis boat) and fishing boats.  Other youngster groups and associations are encouraged to do similar expeditions to get better acquaintance of their homeland.  

Just to give the sense of remoteness of those far-away islands, here is some brief information on  those 12 islands where the base points are located:

1. Rondo Island (base point # 177), offshore west of Nangro Aceh Darussalam (Sabang Regency), determines the borderline with India, ratified through a Presidential Decree No 51, 1974.
2. Berhala Island (base point # 184), offshore east of North Sumatra (Serdang Regency),  determines the borderline with Malaysia. The local government makes it as the eco-maritime tourism object to emphasize the Indonesian authority on that island.
3. Nipah Island (base point # 190), offshore of Batam Municipality, determines the borderline with Singapore.  Its area is around 60 hectares during the low tide, and only a half during the high tide. The military personnel have planted 1,000 mangrove seedlings and reclaimed its shorelines to preserve the boundary median line between the two countries set up in 1973.
4. Sekatung Island (base point # 030) at the South China Sea, Natuna regency, determines the borderline with Vietnam, Malaysia, and Thailand. The northernmost Indonesian island is unpopulated until 2007 when the county government built houses for five families and placed a platoon of Army troops on the island.
   
5. Marore Island (base point # 055), Mianggas Island (base point # 056) and Marampit Island (base point # 057) part of Sangihe Regency, offshore north of North Sulawesi, determine the borderline with Mindanao (Philippine). Marampit, the biggest island, is around 15 square kilometers populated with around 1,500 people. Once there was a kingdom (7th century) which used to fight against Zulu (Philippine) to maintain their sovereignty. Many people of those islands talk in Tagalog and use peso for inter-trading.
   
   

   

   
   

   
   
6. Fani Island (base point # 066), Fanildo Island (base point # 072) and Bras Island (base point # 072A) offshore north of Sorong Regency (Irian Jaya Barat), determine the borderline with the Republic of Palau. A company of Navy personnel is posted there to guard the frontier islands.
7. Batek Island (base point # 011) at Ombai Strait (Kupang Regency), East Nusa Tenggara, determines the borderline with Timor Leste. The steep coast of this unpopulated island is constantly eroded by big waves.
8. Dana Island (base point # 121) offshore south of Nusa Tenggara Timur (Kupang Regency), determines the borderline with Australian Ashmore atol. This unpopulated small island possesses a good white sandy beach and nice off the coast for scuba diving. There is a lake right in the middle of the island, but hardly any people from the surrounding island can take the water due to the big waves from the high sea.