Reclamation row is resolved

The Straits Times, April 27, 2005
By Lydia Lim


SINGAPORE and Malaysia yesterday formally ended a three-year dispute over reclamation in the Johor Straits.


What began in acrimony concluded in smiles yesterday morning as Ambassador-at-large Tommy Koh and Tan Sri Ahmad Fuzi, secretary-general of Malaysia's foreign ministry, inked a settlement agreement. It represents a full and final resolution to the dispute, a joint statement said.

They also agreed the settlement was 'fair and balanced'.

What it means: Malaysia will drop its legal suit against Singapore, instead of heading for international arbitration as planned.

As for Singapore, it can continue reclaiming as planned but will take steps to minimise the environmental impact.

The basis for yesterday's agreement were the findings of a group of independent experts.

After 13 months of studying the straits, they found that Singapore's reclamation caused no major impact to the environment.

This is contrary to Malaysia's claims that the works caused 'serious and irreversible damage to the marine environment and serious prejudice' to its rights.

The experts detected a minor or moderate impact in a few areas and recommended measures to minimise these changes.

In line with their suggestions, Singapore will modify the shape of its works at Pulau Tekong.

The two countries will share the cost of works to make two jetties in Johor more stable.

Singapore will also pay a sum of about $160,000 to compensate Johor fishermen for their losses.

The signing, at the Foreign Affairs Ministry, brings to a happy end a saga that began in January 2002 with Malaysia's acrimonious complaints against Singapore.

Tensions peaked in September 2003 when legal teams from both sides met before an international court in Hamburg, Germany, for a three-day showdown.

In October 2003, the court ruled that Singapore could continue reclaiming. It also ordered both countries to appoint a group of independent experts to study the impact.

Yesterday, Singapore's Foreign Affairs Minister George Yeo, who witnessed the signing, said the 'civil and civilised manner' in which the dispute was settled 'gives us confidence that our other bilateral disputes can be settled in the same way'.

Malaysian Foreign Minister Syed Hamid Albar said he hoped the momentum created 'will be sustained in resolving other outstanding issues for our mutual benefit'.

As part of the agreement, both countries also agreed to jointly monitor and exchange information on the marine environment and navigation safety in the straits.

They will do so through existing mechanisms that allow for regular talks between the Maritime and Port Authority of Singapore and the Johor Port Authority, and the Malaysia-Singapore Joint Committee on the Environment.

Singapore also reassured Malaysia that its reclamation would not affect the safe and smooth passage of ships through the straits.

Datuk Seri Syed Hamid said this was vital as the straits provides access to important ports.

Both countries will now request the arbitral tribunal to adopt the terms of the agreement as the basis for its final judgement, known as an award.

The signing ceremony over, both delegations adjourned for lunch to nearby Samy's Curry Restaurant, where they reached the quickest maritime agreement of the day: fish-head curry.