Malaysia’s claim in the Spratlys
AS we know by now, the Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea, currently in dispute due to overlapping claims by Brunei, China, the Philippines, Taiwan, Vietnam, and of course, Malaysia.
The Spratly Islands, named after the 19th-century British whaling captain Richard Spratly who sighted the archipelago in 1843, lies off the coasts of the Philippines, Malaysia, and southern Vietnam.
Malaysia launched its claim to parts of the Spratlys in 1979, being the last to do so following the other five countries. A map published by Malaysia on December 21, 1979 showed the territorial waters and continental shelf boundaries that it claimed.
The area claimed by Malaysia covers an area with about a dozen tiny reefs and atolls in the southeastern portion of the Spratly Islands, including Commodore Reef, Amboyna Cay, Southwest Shoal, Ardasier Breaker or Reef (Terumbu Ubi), Gloucestere Breakers, Mariveles Reef (Terumbu Mantanani), Barque Canada Reef, Lizzie Weber Reef, Northeast Shoal, Glasgow Shoal and North Viper Shoal (according to spratlys.org), Amboyna Cay and Swallow Reef (Terumbu Layang Layang).
Malaysia’s publication of the 1979 new map was protested by China, Vietnam, the Philippines, and also cause disputes with Singapore and Indonesia over some islands and reefs which appeared in this map for the first time.
In the case of Layang Layang, it is a group of reefs on top of an atoll, or undersea geological structure which is 2,000 meters (6,561 feet) high.
Malaysia has now affirmed its presence in the Spratlys by developing a resort in Layang Layang in the mid 1990s, now operated by a company which offers diving trips to the reefs. Layang Layang is now accessible by one-hour flights from Kota Kinabalu.
Layang Layang or Swallow Reef is also known as Danwan Jiao by China, Celerio by the Filipinos, and Ðá Hoa Lau by the Vietnamese. It had an original land area of approximately 6.2 hectares (15 acres), but after Malaysia’s reclamations it now covers 35 hectares (86 acres), measuring over 1.5 kilometres (0.93 mi) long and 200 m (656 ft) wide.
The Philippines is not making any claim to Layang Layang, but a Filipino website hints that it would belong to the Philippines if the country’s claim on Sabah has a basis!
Other than Layang Layang Malaysia has further occupied Dallas Reef (Guangxingzai Jiao, renamed to Terumbu Ubi by Malaysia), Mariveles Reef (Nanhai Jiao, renamed to Terumbu Mantanani by Malaysia), Louisa Reef and five other islets.
Rationales offered by Malaysia for its claim is that the reefs claimed are on the country’s continental shelf and it had clearly defined the claimed parameters in 1979 by indicating coordinates within its proclaimed 200 nautical mile EEZ (Exclusive Economic Zone) and so should be under Malaysian jurisdiction.
This argument also fulfills the requirement that the areas concerned were res naullus (having no owner) since Japan had renounced its sovereignty over the islands under the postwar San Francisco Peace Treaty of September 4, 1951.
Under this treaty which was signed by 48 countries, Japan effectively relinquished its right to the Spratly Islands without any special beneficiary, hence making it available for annexation.
But Vietnam did not let the matter to rest as such, occupying nearby Amboyna Cay and started an armed occupation there in June 1983, raising the ire and strong protest from Malaysia.
As a result of this Malaysia renamed Swallow Reef to Terumbu Layang-Layang or Pulau Layang-Layang and established a permanent military presence there.
It is interesting that in November last year it was reported in a local paper that “Without Sabah, Malaysia would not have any basis to claim parts of the Spratly islands chain.”
This is because of Sabah’s clear proximity to the areas and their distance from Sarawak and the Malaysian Peninsula.
However, China, with its overstretched arm,s had laid claims on the same areas claimed by Malaysia, as well as James Shoal, the reef submerged 70 feet underwater just 50 miles off the coast of Sarawak.
Other than China, Taiwan and Vietnam are also claiming the reef cluster, which has become a world-famous diving spot quite similar to Sipadan.
Therefore Layang Layang Island is still a disputed island although for now Malaysia has apparent ownership and settlement of the atoll which is 300 km away from Kota Kinabalu.
The tourism activities on Layang Layang are not the only money earners for Malaysia. Unknown to the Malaysian public, there has also been oil and gas explorations and extractions by Malaysia in several spots in the Spratlys, hence making Malaysia the country which has most benefited from its claims and occupation, and later economic activities, in the Spratlys!
No wonder then that it rejects China’s proposal for “Shelving disputes and Joint Development” in the hotly disputed area.
But efforts to pacify disputing parties continue. On May 10 this year, Asean foreign ministers issued a joint statement on the developments in the South China Sea to express serious concerns over the conflicts:
“We reaffirmed the importance of maintaining peace and stability, maritime security, freedom of navigation in and over-flight above the South China Sea.”
The foreign ministers made a call on all parties “to create an environment of mutual trust and confidence; to exercise selfrestraint, not to resort to threat or use of force, and to resolve disputes by peaceful means in accordance with the universally recognised principles of international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS), and emphasizing on the need for expeditious efforts towards an early conclusion of the draft for Code of Conduct in the South China Sea (COC). The question hangs in the air as to whether all parties involved, especially China, will long adhere to the terms of COC.
Malaysia assumes chairmanship of Asean in 2015, and with Foreign Minister Datuk Anifah Aman from Sabah at the helm, he will face a great leadership responsibility to resolve this tinder-box Spratlys issue with the aim to seek a lasting and peaceful resolution.