1.The sea has long been used by humans as a source of food, income of economy, defence and transportation. The recognition of Exclusive Economic Zone (EEZ) which covered 200 nautical miles from the shore giving more responsible to take care the our declared maritime area. Whereby Malaysian Maritime Zone (MMZ) covered the internal waters, territorial sea, continental shelf, EEZ and includes the space over the zone. Malaysia sea territory is almost two times of our land area. It is understood that security, defence and justice for an ocean area approximately equal to its land area.
2.Geostrategically, Malaysia shares maritime boundaries with Thailand, Brunei, Indonesia, Singapore, the Philippines, Vietnam, China and Taiwan. Malaysia is relatively small, rich in resources and located astride critical international sea lines of communications, the Straits of Malacca and Singapore and the South China Sea.
The Straits of Malacca, half of which falls within Malaysia’s territorial waters,
represent one of the world most important sea lanes both from the security and economic perspectives. On the other hand, the Straits of Singapore, which is not only important to Malaysia’s international trade but also to its domestic trade between Peninsular and Sabah/Sarawak. In addition, in view of their geographical link, the security of both straits is indivisible. These areas must be protected and defended at all costs, against any infringement and threats by external powers.
3.Beside that humans always eager to do something out of the maritime law which nowadays let many type of illegal maritime activities tremendously occurred. In this notes we will discuss about the implication of the illegal maritime activities which will let responsible and action of security parties to prevent endanger to Malaysia and to enhance our maritime security.
ILLEGAL MARITIME ACTIVITIES
4.The following activities shall be considered as illegal maritime activities:
a.Oil Spills. Large oil spills from wrecked tankers or simply spills sludge oil by ship are indicated among the most dramatic forms of ocean pollution. As large quantities of oil are transported to the industrialized countries, this form of ocean pollution is likely to increase in importance. Much of the spilled oil like crude oil, refined oil and sludge oil is widely dispersed by waves and tidal currents and deposited on nearby beaches and occasionally on reefs or in wetlands. This obstacle will definitely retard the tourism sector for our country. Usually the beautiful beach will turn to ugly. Seabirds and marine life are also likely to be effected.
b.Piracy and Arm Robbery. Maritime piracy has a history as long as ships have gone to sea. From Captains Blackbeard and Morgan in the Caribbean, to the pirates of Barbary Coast in Africa and the famous “Pirate queen” Cheng I Sao in Asia, the history of the sea is replete with the often-romanticized accounts of the exploits of these iconic figures and their crews. However piracy did not end in the days of the Spanish Main but continues to exist and thrive in the modern period. By the early 1980s the international community had reacted by codifying its position on maritime piracy in the United Nations Convention on the Law of the sea agreeing on a formal definition of piracy and detailing the conditions under which states and vessels should respond. The International Maritime Bureau estimates that maritime piracy costs transport vessels between $13 and $15 billion a year in losses in the waters between the Pacific and Indian Ocean alone. The human costs of maritime piracy are significant. Where sailors were killed, taken as hostage, kidnapped and held for ransom.
c.Drugs Trafficking. Also known as drug smuggling and narcotics trafficking, is defined as the transportation of illegal drugs from one location to another. In some other cases where misuse the travelling permit to supply the prohibited drugs to syndicates inside the country.
d.Illegal fishing. Any foreign illegal fishing activities in Malaysian Maritime Zone or which is illegal fishing takes place where vessels operate in violation of the laws of a fishery. Blast fishing is a practice using dynamite to bomb large areas of reef and collect the subsequent dead fish floating in the surface water. It is an extremely quick and effective way of collecting reef fishes however the process inherently destroys stony corals and kills fish and invertebrates in a large surrounding area. The resulting changes may lead to a decrease in the diversity of species through habitat loss or through changes in predator-prey dynamics. Cyanide fishing is becoming widespread throughout Southeast Asia as the live reef fish trade booms. The practice involves using cyanide or other poisons to stun large reef fish underwater so they can be caught alive and sold to the restaurant industry for lucrative prices. The poisons however, kill the larvae of many coral reef organisms and also coral polyps which leads to coral bleaching.
e.Illegal Trawling. Method of fishing that dragged along the bottom of the sea for fish and shrimp are a potential threat to sub-tidal habitats. Trawling scours the seafloor and leaves scars on soft sediments particularly muddy bottoms. This ways of fishing definitely will retard the growing process and degradation of sea habitats.
f.Pollute Oceanic Environment. Pollution can be described as the introduction by humans of substances or energy that decreases the quality of the environment. Many of these pollutants are artificial substances that do not occur naturally. Dumping of chemical or industrial wastes which produced by local company are released to sea. Domestic sewage carries all kinds of wastewater from homes and city buildings. The vast amounts of sewage that enter the ocean threaten both marine environment and human health. Perhaps the most widespread effect of waste disposal in coastal waters is in making sea life unfit for human consumption or when we go swimming, diving or surfing. Furthermore it will cause a drastic decline in the abundance of sea life. The harmful effects of sewage can be reduced by sewage treatment. Malaysia Environment protection Agency requires by law some form of treatment before sewage is discharge.
IMPLICATIONS OF ILLEGAL MARITIME ACTIVITIES
5.Safety. These new threats of illegal maritime activities include various types of transnational organized crime, such as drug trafficking, proliferation of small arms, piracy, illegal migration and smuggling of humans and many more. Not only have these increased in frequency but they also have become more multi-faceted and complex in nature, more lethal in tactics, and more difficult to combat. Finally these illegal activities will jeopardise the total safety of the country.
6.Security. Militarily, Malaysia’s strategic aim is to live and operate as an independent sovereign nation within the complex world community. In order to do this Malaysia must be able to defend itself from interference and destruction through any means including armed attack. This is the bedrock of our security and the most basic responsibility of the government. But there is more that Malaysia Armed Forces can do to prevent attack on our territory than just building up the armed forces. Our armed forces need to be able to do more than simply defend our coastline. We have strategic interests within our EEZ. We have strategic interests and objective at the global and regional levels.
7.Political. Illicit cross-border flows, such as smuggling of drugs, migrants, weapons, toxic waste and dirty money, have emerged as an increasingly important source of conflict and cooperation among neighbour country. Foreign illegal fishers are frequently apprehended in Malaysian waters, in the last year notably from Vietnam, China and Thailand. The authorities have not been afraid of taking tough measures and have been criticised by neighbouring governments for firing warning shots at poachers. In terms of native fishers, there are persistent problems with cyanide fishing, blast fishing and the use of electric shocks, some of which have resulted in the death of the fishers themselves.
8.Economy. Economically, our offshore economic interests located in the South China Sea are rich in living and non-living resources that have contributed significantly to Malaysia’s economic development. The offshore economic interests refer to the two hundred nautical miles Exclusive Economic Zone (EEZ) and continental shelf surrounding it. The two areas of the EEZ economic significance are Off-shore Hydrocarbon Area off East Coast of the Peninsular and the islands off Sabah and Sarawak. The loss of or disruption to these fields will greatly affect the economic well being of the nation. The fact that part of this portion of the EEZ is within the disputed area will further complicate its security.
9.The performance of the tourism industry will be affected if maritime illegal prolonged in the Southeast Asian region especially in Malaysian waters. Marine tourism continues to contribute to government revenue, generates employment opportunities, and brings foreign shoppers to Malaysia. In more recent times, the development of Malaysia's marine assets like coastline, islands, and coral reefs has subsequently been given priority by both the government and the private sectors in the country. Offshore islands are becoming increasingly important as tourist destinations. Activities such as sports fishing, boating and sailing, scuba driving and ecotourism have all grown in importance. The marine tourism industry has much to contribute to national economic growth. But to play its role effectively, preservation of the condition of natural assets for the industry to be sustained and must maintain the safety and security marine tourist area without any doubt.
10.Social. Focuses on illicit drug and human trafficking in Asian countries and examines these categories of transnational crime in the context of a global. The protection of the state and human security against drug and people trafficking will increasingly require effective transnational cooperation and some surrendering of state sovereignty.
11. The political crisis in any of the nation in the region has the effect such massive flow of migrants searching for safety and protection that will be felt by the neighbouring countries. This challenge will have security implication to Malaysia.
12.Illegal immigrants could potentially pose a major threat to the internal security of the country and imposes a drain on Malaysia’s currency reserve.Furthermore,previous rioting at the workplace and detention centres in Malaysia by foreign workers caused millions of dollars in damages.
13.The rising incidence of piracy could have detrimental effects on the region’s economy if the authorities concerned fail to overcome the problem.Furthermore, extra regional powers have also shown interest in expanding their area of responsibility into Southeast Asia under the pretext of anti-piracy patrols. This could further complicate the region’s security situation.
14.Malaysia’s defence policy is a manifestation of its goal for the protection of its national strategic interests and the preservation of national security. The defence policy outlines three basic fundamentals namely national strategic interest, principle of defence and concept of defence. It emphasises on the need for the maintenance of a stable and peaceful environment of the immediate areas of its strategic interest.
15.Royal Malaysian Navy (RMN). The role of RMN to cover the following:
a.Safeguarding the sovereignty of all claimed territorial waters and the EEZ.
b.Protecting Malaysian’s Sea Lanes of Communications (SLOCs) to ensure freedom of navigation for Commercial trade and communications.
c.Protecting Malaysia’s offshore hydrocarbon deposits and other non-living sea-bed resources.
d.Protecting fishery resources in the EEZ.
e.Control of illegal immigrants and piracy at sea.
f.Performing maritime search and rescue.
16.Royal Malaysian Air Force. Maritime Squadron of RMAF maintaining patrol air sector of Malaysian water. The agency also maintaining coordination task with RMN and Marine Police to cover above sea area.
17.Royal Malaysian Police (Marine Police). The Marine Police division of the Royal Malaysian Police tasked with maintaining law and order and coordinating search and rescue operations in the Malaysian Maritime Zone and on the high seas. The Marine Police serves under the control of the Malaysian Internal Security Department and Public Order with the role of safeguarding the security of Malaysian waters from any threats.
18.Malaysian Maritime Enforcement Agency. The agency shall be responsible for the following task:
a.Handling maritime search and rescue.
b.Controlling and preventing maritime pollution.
c.Preventing and suppressing piracy.
d.preventing and suppressing illicit traffic in narcotic drugs,on the high seas.
19.Fishery Department. The fisheries sub sector is a very important component of the overall agriculture sector, contributing to the food security of the country. Emphasis will be on the enhancement of aquaculture production and the sustainable development of deep-sea fishing as well as the promotion of value-added products. In addition, research efforts utilising modern technology and biotechnology will ensure better production and quality standards to meet the stringent food safety requirements for the domestic and export markets. Development of deep sea fishing as well as the promotion of value added products. In addition, research efforts utilising modern technology and biotechnology will ensure better production and quality standards to meet the stringent food safety requirements for the domestic and export markets.
20.Royal Malaysian Customs and Excise. Royal Malaysian Customs is the government agency that collects direct taxes such as sales tax, petroleum sales tax, service tax, excise duty, and windfall profit levy.
21.Malaysian Marine Department. To ensure and enforce the safety on sailing and towing. To measure ships or boats safety equipment and managing courses for marine engineer and seaman.
22.Department of Environment. The roles of this agency in the machinery of government is to responsible for the oversight and administration related to enforcement of environmental preservation.
23.The USN’s proposal to defend the international system thus seeks to build, firstly, new or enhance existing and regional networks for maritime security cooperation. Secondly need to link those regional networks into a global network. Within that framework, there are two main components to the initiative where each with its own sub-components:
a.Improving maritime domain awareness.
(1)Increasing the number of sensors.
(2)Incorporating military, non military (agency) and private sector assets.
(3)Networking the information.
(4)Sharing the information.
b.Enhancing the ability of states to respond to threats to good order at sea and crises in littoral areas.
(1)Building national enforcement and response capacity.
(2)Building regional enforcement and response capacities through improved cooperation.
24.In order to safeguard Malaysian Maritime Zone security our involved security parties must perform their duties as per below with high integrity.
a.To enforce law and order under any federal law.
b.To carry out air and coastal surveillance.
c.To controlling and preventing maritime pollution.
d.To preventing and suppressing piracy.
e.To preventing and suppressing illicit in narcotic drugs on the high seas.
f.To stop, enter, board, inspect and search any place,structure, vessel and to detain any vessel.
g.To demand and inspect the production of any licence, permit, record, certificate or any other document.
h.To examine and seize any fish, article, device, goods, vessel and any other item relating to any offence which has been committed.
i.To dispose of any fish, article, device, goods, vessel and any other item relating to any offence which has been committed.
j.To arrest any person whom it has reason to believe has committed an offence.
k.To expel any vessel which it has reason to believe to be detrimental to the interest of or to endanger the order and safety in the Malaysian Maritime Zone.
l.To overcome any treat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act which is in any manner is a violation of the principles of international law.
25.The first line of defence to overcome the damage from oil spills is to deploy a set of retard the spread of oil slicks into marinas, hotel beaches and sensitive area such as wetlands. Any oil trapped by the barriers is pumped into containers for disposal. Oil slicks are also removed by using special skimmer boats. The oil is normally taken up using straw or some other inexpensive material which is then physically removed to be burned or buried. Beach sands coated with oil are removed and later buried. All these techniques are best suited to deal with small spills. However, till now there is no suitable technology to deal with large spills at sea. So that our related marine care parties should think to invent the equipment according research and development pattern required in our marine environment.
26.Piracy. Threats to national security from maritime piracy are concerned. The main threat to the world’s maritime from two concerns. First, their numbers may increase, particularly if piracy more aggressive and we unable to curb them immediate. Second, a concern is that terrorist groups may hijack vessels. There are concerns about some pirates cooperating with militant or terrorist groups or these pirates turning themselves to terrorist in the future. In fact, waters off Indonesia and Straits of Malacca recorded the highest and second highest number of piracy attacks and have been considered as dangerous piracy prone areas. In these cases our defence department should play a big role to safeguard country security. It is more effective if Malaysia, Singapore and Indonesia increase patrols in the Straits of Malacca and Singapore Straits to combat piracy.
27.Pollutant. Marine pollution by ships is strictly controlled by the International Convention for the Prevention of Pollution from Ships (MARPOL). Yet oil tankers discharge oil while unloading, illegally cleaning their thanks at sea. Tanker operation and wastes from cities are considers the two most important sources of oil pollution to marine environment. There for our Environment Protection Agency should work seriously with MARPOL to enforce the security on safe marine environment.
28.Illegal Fishing. Fisheries accounts for 1.5-2% of Malaysia's GDP. The country's marine capture fisheries are divided into coastal fisheries and the offshore sector. The coastal fisheries have been fully exploited and some areas overfished. Reef fish populations have come under particular strain recently. The Department of Fisheries has tried various measures to reduce the fishing effort in these areas including prevent illegal fishing. Therefore any further expansion of capture fisheries has to come from the offshore sector. While inshore fisheries have reached a state of saturation in terms of exploitation, the declaration of the Exclusive Economic Zone (EEZ) has enlarged the waters under Malaysian jurisdiction from 47,000 to 160,000 sq. nautical miles, with a substantial increase in the fisheries resources. To maintain and prolong the fisheries accounts the Department of Fisheries need to work out with related enforcement agencies which play the main task of duty to uplift the requirement.
29.Transborder Crime. It linked to various serious crimes such as human trafficking, Illegal Immigrants, drug trafficking and violence. Along with increased cross-border trade and transnational migration, globalization has also contributed to the internationalization of social woes. The expansion and intensity of transborder crime involving immigrants as the maritime means is both cheap and provides inconspicuous movement of humans. Strengthening border security through greater maritime surveillance, security operations and improving technology is vital in dealing to curb this problem.
30.Security. Being an independent and sovereign state, Malaysia has realised that the preservation of national interest and security is best attained through the pursuit of self reliance which is the core of defence policy. The main two considerations must take in accounts as a limitation. Firstly having the capability to act independently without the need for foreign assistance in matters concerning internal security. Secondly having the capability to act independently in protecting the territorial integrity and security interests within the immediate vicinity from external threats.
31.On the other hand, the concept of total awareness of security refers to the total and integrated efforts taken by the government, non-government agencies, private sectors and the citizens to care the nation. Safeguarding Malaysia’s sovereignty and territorial integrity necessitates the commitment of all citizens. While the defence of the country is the physical responsibility of the security forces, the burden of ensuring that such forces are able to meet the challenges confronting them is a national responsibility.