Transcript of Minister for Foreign Affairs Dr Vivian Balakrishnan's Ministerial Statement on Singapore-Malaysia Relations during Parliament Sitting on 14 January 2019

Introduction

1          Mr Speaker, Members of the House have posed several questions on Singapore-Malaysia relations. 

2          Let me start by sharing with the House and fellow Singaporeans the approach that we have taken in our relations with Malaysia under the Pakatan Harapan government. I had touched on this briefly in July last year but I think it is worth restating some of these points. 

3          Since Pakatan Harapan’s victory in the Malaysian general election in May 2018, Singapore has consistently expressed our hope for good and mutually beneficial relations with the new Malaysian government. We want to continue working closely with Malaysia, at both the federal and the state levels. We do so on the basis of equality and mutual respect. And this means working through any differences and outstanding issues amicably, constructively, and in accordance with international law and international norms. We believe both countries need to deepen our strategic trust and develop new areas of cooperation. A constructive and positive working relationship with our closest neighbour is also important for the region, and ASEAN in particular, where Singapore and Malaysia have many shared interests. 

4          So last August, when Malaysia sought Singapore’s agreement to defer the Kuala Lumpur-Singapore High Speed Rail Project up to 31 May 2020, we agreed to do so, and we concluded a formal agreement with Malaysia to achieve this deferment. We agreed in the spirit of good neighbourliness, and hoped that this would set the tone for a positive and fruitful relationship with Malaysia’s new government. 

5          Since then, we have maintained this cooperative approach with several high-level bilateral visits and exchanges. PM Lee hosted PM Mahathir for an official visit to Singapore in November last year, in conjunction with the 33rd ASEAN Summit. During the meeting between the two Prime Ministers, they acknowledged that there would always be elements of both competition and cooperation, but both of them saw a bright future for Malaysia and Singapore. 

6          In any close relationship with complex historical legacies, problems will arise from time to time. This is to be expected between such close neighbours. The only question is how we approach these problems. In the past couple of months, two sets of difficult issues have flared up between Singapore and Malaysia. These include first, the maritime issues surrounding Malaysia’s purported extension of the Johor Bahru Port Limits, and second, airspace issues arising from Malaysia’s objections to the new Instrument Landing System (ILS) procedures for Seletar Airport, and its sudden promulgation of a permanent Restricted Area over Pasir Gudang, that disrupted normal operations at Seletar Airport which in fact have been conducted safely and efficiently for many decades. Both of these sets of sudden actions upset the status quo that has been in place for many years. These actions did not bode well for our bilateral relationship. They created the risk of a dangerous downward spiral of measures and counter-measures. They were serious enough that PM Lee felt it was necessary to send DPM Teo and Minister Heng as special envoys to call on Prime Minister Mahathir on New Year’s Eve, to convey a serious message from PM Lee expressing his grave concerns.

7          Arising from PM Lee’s communication with Prime Minister Mahathir, I met Malaysian Foreign Minister Saifuddin Abdullah last week to discuss these outstanding issues. We agreed on measures to help keep the situation on the ground calm in order to allow discussions to take place in a more conducive atmosphere. 

8          There has been strong public interest in these matters. So today I would like to set out the facts of each issue and highlight the steps that both countries have taken to find a constructive way forward. 

Johor Bahru Port Limits 

9          Let me first deal with the Johor Bahru Port Limits. With your permission, Mr Speaker, may I display some slides on the screen. Thank you. On 25 October 2018, Malaysia unilaterally extended the Johor Bahru Port Limits into Singapore Territorial Waters off Tuas. Members of the House, may I refer you to this map which is displayed, which reflects Malaysia’s unilateral extension. The waters in this area are tight, less than 24 nautical miles wide. This purported extension goes beyond even Malaysia’s own territorial sea claims according to Malaysia’s own 1979 map, which Singapore has consistently rejected. The inescapable conclusion is that the new Johor Bahru Port Limits transgress into what are indisputably Singapore Territorial Waters. Singapore has long exercised sovereignty and patrolled these waters without any protest from Malaysia. However, since late November 2018, Malaysian government vessels started intruding into these Singapore Territorial Waters. We have protested the purported extension and these intrusions. We have also increased our security presence in the area in order to safeguard our waters and sovereignty. I am sure Members of this House would join me in commending our security agencies who have been acting professionally, responsibly, and with restraint in order to minimise the risks of untoward incidents at sea. In response to Malaysia’s provocative actions, on 6 December 2018 we extended Singapore’s own port limits off Tuas. Our extension was done in accordance with international law, and remained well within Singapore Territorial Waters. 

10        On 10 December 2018, the Malaysian Ministry of Foreign Affairs issued a press statement committing to “take all effective measures to de-escalate the situation on the ground”. Despite this statement, daily intrusions by Malaysian government vessels into our territorial waters have continued. These intrusions do not help Malaysia’s legal case. All they do is raise tensions and endanger navigational safety in the area. There is a need to calm the situation at sea.  

11        It was in this context that I met Minister Saifuddin on 8 January 2019. Members would have read the Joint Press Statement that we issued after our meeting. In summary, we agreed to establish a working group, headed by the Permanent Secretary of Singapore’s Ministry of Foreign Affairs Mr Chee Wee Kiong, and the Secretary General of the Malaysian Foreign Ministry Mr Muhammad Shahrul Ikram Yaakob. This working group will discuss both the legal and operational matters in order to de-escalate the situation in the waters off Tuas and they are to report to both Minister Saifuddin and me within the next two months. 

12        Singapore believes that maritime boundary delimitation is best resolved through negotiations, to reach an amicable settlement acceptable to all parties. If negotiations are unsuccessful, Singapore is prepared to settle such disputes by recourse to an appropriate international dispute settlement procedure. However, the dispute settlement should be on terms that are mutually agreed to by both parties and it is for this reason that Singapore filed a declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS). We filed this declaration on 12 December 2018. This declaration means that other States Parties to UNCLOS cannot unilaterally commence third party arbitration or adjudication against Singapore in respect of maritime boundary disputes. Singapore likewise cannot unilaterally commence third-party arbitration or adjudication against other UNCLOS States Parties for such disputes. It has to be by mutual agreement: both sides have to agree to the terms of third-party arbitration or adjudication in the event that bilateral negotiations are unsuccessful. 

13        Singapore remains committed to finding an amicable resolution through dialogue with our Malaysian partners, and this is what the working group led by the two Foreign Ministries will try to achieve. 

Airspace

14        Next, airspace. On airspace, there have actually been two developments. First, the new ILS for Seletar Airport. Put simply, an ILS is an aid for pilots to land safely at an airport during bad weather or when there are low visibility conditions. Seletar Airport actually meets the relevant requirements of the International Civil Aviation Organization (ICAO) on airport design and operations. Planes have been safely flying in and out of Seletar Airport for decades, using the same flight routes. But we did not previously have an ILS. We now installed the ILS at Seletar Airport at the request of Firefly, a subsidiary of Malaysian Airlines. Firefly had agreed to move its operations to Seletar Airport by 1 December 2018. But Firefly informed the Civil Aviation Authority of Singapore (CAAS) that the Civil Aviation Authority of Malaysia (CAAM) required all Malaysian carriers to only operate to airports with an instrument approach. Ironically, CAAS was actually trying to facilitate Firefly’s operations at Seletar by installing the ILS, the same ILS which Malaysia has now objected to. 

15        CAAS sought early consultation with CAAM on the implementation of the ILS procedures at Seletar. CAAS formally approached CAAM in December 2017, but received no response for almost a year. CAAM only replied in November 2018, objecting for the first time to the proposed ILS procedures, and citing alleged consequences on the future development of Pasir Gudang. Despite this delay, CAAS addressed all their concerns.

16        It is important to note that the ILS uses exactly the same flight path that aircraft landing at Seletar have used all along for visual flights. Flight procedures such as those for the Seletar ILS are a basic element of civil aviation, which inform pilots on what they need to do in order to land or take off safely. There have been claims that the ILS flight path will more strictly restrict the height of buildings below it. This is untrue. The ILS imposes no additional require¬ments or limitations preventing Malaysia from developing tall buildings in Pasir Gudang, or operating tall ships in Pasir Gudang Port. There were allegations that Pasir Gudang will not be able to have buildings higher than five stories because of the ILS, but if Members drive cross the Causeway and drive around Pasir Gudang, you will see that there are in fact already structures that are as tall as 105 metres, and this by the way is taller than many HDB blocks. You can see from this satellite photograph, which I want to emphasise was obtained from open sources, that there are indeed existing high rise developments in the Pasir Gudang area. So the ILS has not and will not prevent the building of tall structures as alleged by Malaysia. And we have consistently stated that if Malaysia has any new plans for new developments, we are prepared to discuss and to adjust the ILS procedures if necessary. Ultimately, the purpose of the ILS procedures is to improve safety and to facilitate flights, and in this case especially for Malaysia’s own Firefly, which services many smaller Malaysian airports. 

17        CAAS met CAAM on 29 November 2018 to address their concerns. Following this meeting, CAAS published the ILS procedures for Seletar Airport on 1 December 2018. This was done in accordance with Singapore’s responsibilities under the relevant ICAO requirements as well as the bilateral arrangements between Singapore and Malaysia. To give the aviation community time to prepare for the ILS, it set the effective date for the implementation of the ILS as 3 January 2019, a timeline which is entirely in line with international norms. 

18        During this period, on 12 December 2018, CAAM issued a Notice to Airmen, or NOTAM, and this unilaterally declared the airspace over Pasir Gudang as an Unmanned Aerial Vehicle (UAV) operation area from 13 to 28 December 2018. This NOTAM was subsequently cancelled on 20 December 2018.

19        But subsequently, on Christmas Day, 25 December 2018, CAAM issued another NOTAM. This time declaring a permanent Restricted Area over Pasir Gudang between 2,000 feet and 5,000 feet altitude, for “military activities” and that this Restricted Area would take effect from 2 January 2019. This Restricted Area would force flights operating to and from Seletar Airport to spiral up and down close to the airport in order to traverse above the Restricted Area at 6,000 feet. Malaysia’s action contravened established ICAO procedures. All over the world, and this is a point worth emphasising, aviation is by nature transboundary. CAAS, as the air traffic services provider for the area, was neither informed nor consulted even though these actions affected current civil aviation operations out of Seletar Airport. It cut through an established international aviation route, and it affected flight efficiency and safety. 

20        Malaysia’s declaration of a permanent Restricted Area escalated what was initially a matter concerning ILS procedures, which is a norm for many airports around the world, into a much more serious issue affecting all flights operating at Seletar Airport from the North. This was not helpful for commercial aviation in the area, and furthermore damaged the overall tenor of our bilateral relationship.

21        At our meeting last week, Minister Saifuddin and I agreed that Singapore would suspend the implementation of the ILS procedures at Seletar Airport, and Malaysia would also suspend the permanent Restricted Area, for a period of one month in the first instance. This mutual suspension went into effect simultaneously at midnight on 9 January 2019 and this has allowed normal operations to resume at Seletar Airport, with aircraft able to fly their normal established flight paths over Pasir Gudang in and out of Seletar. Unfortunately, Malaysia’s Firefly will still be unable to start operating at Seletar due to its own Malaysian regulator’s requirement. We also agreed that the Transport Ministers from both countries should meet soon for discussions on these measures and to resolve the issues. The Transport Ministers, I believe, have agreed to meet later this month.

22        Mr Speaker, I strongly believe that both countries share a common interest – a common interest in safe and efficient international civil aviation operations. After all, these have brought great economic benefits and tourism to both countries and indeed to our region. As such, I look forward to the resolution of these issues in an amicable fashion. 

Other issues

23        There are other issues that we have to deal with. Singapore will do our best to discuss all outstanding bilateral issues with Malaysia in a calm, reasonable, and focused manner. This approach extends to other issues beyond the Johor Bahru Port Limits and the Seletar ILS procedures. For example, Malaysia had earlier expressed their intention to review the 1974 Operational Letter of Agreement on airspace arrangements in southern Johor, and we had responded that we would review their proposal when we received it. Such discussions on air navigation arrangements involve consultations with international stakeholders, and cannot be done overnight. In the meantime, in the interest of civil aviation safety, air traffic operations must continue according to the current arrangements, and in accordance with ICAO requirements.

24        Another matter that Malaysia has raised is the price of raw water sold to Singapore under the 1962 Water Agreement. Prime Minister Mahathir raised this issue with PM Lee when they met last November. Both Prime Ministers agreed that the two respective Attorneys-General would meet for discussions to better understand each other’s positions on whether Malaysia still had the right to review the price of water under the 1962 Water Agreement. The AGs subsequently met in December 2018. Unfortunately, their discussions were overshadowed by the new issues that had arisen over the Johor Bahru Port Limits and the Seletar ILS procedures. But the two AGs will meet again to continue their discussions.

Latest Developments

25        Let me be very frank and let me emphasise that I do not expect a quick or smooth resolution to all these issues. An example - Singapore was scheduled to host a meeting of the Joint Ministerial Committee (JMC) for Iskandar Malaysia this morning. The meeting, to be chaired by Minister Lawrence Wong and Malaysian Minister of Economic Affairs Azmin Ali, would have involved Singapore and Malaysian ministers and officials, as well as Johor officials including the Menteri Besar Osman Sapian. But most regrettably, the Menteri Besar staged a publicised visit to the Malaysian Marine Department (MMD) vessel anchored in Singapore Territorial Waters off Tuas on 9 January 2019. 

26        This intrusion by the Johor Menteri Besar went against the spirit of the agreement between Foreign Minister Saifuddin and me just the day before. It undermined the goodwill and trust that is necessary for further cooperation between the two countries, and especially cooperation involving Johor. Therefore it made it untenable for us to proceed with the JMC meeting this morning. 

27        Singapore formally protested the intrusion via a TPN, a diplomatic note, to Malaysia, and we proposed to postpone the meeting to a later date. Malaysia agreed. I also informed both Minister Saifuddin and Minister Azmin of this postponement. And I should add that my discussions with both Ministers, both before and after the Johor Menteri Besar’s actions, have been amicable and constructive, and we have focused on trying to resolve issues and not to wind things up. Minister Azmin met me yesterday. This morning he also met Minister Khaw Boon Wan and Minister Lawrence Wong to discuss several bilateral projects which he is in charge of. 

28        Mr Speaker, despite these current difficulties, Singapore still hopes to work with Malaysia for better relations, and for closer cooperation that will benefit the people, the citizens of both sides. But both sides must act in good faith, in compliance with international law and norms, and honour existing agreements. 

Conclusion

29        Mr Speaker, foreign policy begins at home. The strength of Singapore’s diplomacy depends on domestic unity and resilience, and the fact that we cannot be intimidated or bought. This is the foundation for our diplomacy even as we seek good relations with all our friends and neighbours within a rules-based international order. This is why Total Defence and our investment in the SAF are so important. Resilience includes improving our water supply infrastructure, namely NEWater and desalinated water, strengthening our food security by diversifying our food sources, and ensuring that we have a strong, diversified labour market. As a small state with limited resources, the quest for security and resilience has been a constant, relentless imperative for us since independence. It is not something that we look at only in times of unease. I am confident that we can continue to rely on strong bi-partisan support from this House, and the unity of purpose amongst all Singaporeans, as we strive to ensure that Singapore’s independence, territorial sovereignty, safety, security, and prosperity is secured for this generation and those to come. 

30        Thank you Mr Speaker. 

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