Malaysia to Set Up Paramilitary Maritime Enforcement Agency

Producer: Bharati Jagdish
First broadcast: 16 June 04, Radio Singapore International

Malaysia will soon have its own version of the US Coast Guard to patrol and safeguard security along the Straits of Malacca.

The new paramilitary maritime enforcement agency was announced on Monday and will begin operations in March next year.

This comes after the United States called for a regional maritime security initiative to tighten surveillance of the Straits where a quarter of the world's commerce and half of the world's oil supply pass through each year.

The new Malaysian agency will administer laws, curb criminal activities, monitor maritime zones and assist the Malaysian Armed Forces during emergencies, crises or wars.

For more on this, Bharati Jagdish (BJ) spoke to Dr KS Nathan (KSN) from the Institute of Southeast Asian Studies in Singapore.

KSN: "The decision has been informed by several developments, one of which of course, is the September 11th, 2001 terrorist attacks and the prospect of increased incidences of terrorism in our region and in vital sea-lanes like the Straits of Malacca. The second reason is also growing American concern about the capability of littoral states to protect vital sea-lanes from attacks by pirates and a possible combination of pirates and militants. I would think that these factors are extremely important and by virtue of the fact that the Straits of Malacca is a vital lifeline for the major economic powers, there is another dimension as to why even other powers like Japan and Korea would be equally concerned about the safety of sea-lanes in our region."

BJ: Now, this new agency in Malaysia will be recognised as a "combatant military troop". What does this say about the agency's powers and jurisdiction?

KSN: "The agency will operate according to rules of engagement provided by the Geneva Convention. This means it will be endowed with sufficient authority to engage in offensive or defensive action after ascertaining the fact that there is a threat to the security of the sea-lanes and to the security of Malaysia."

BJ: While this is a significant move by Malaysia towards increasing the security of this key waterway, what real impact do you expect it to make in the larger scheme of things. For example, if the other littoral state, Indonesia, does not make an effort on its part, will this move by Malaysia really make much of a difference in terms of the overall security of the Straits?

KSN: "In fact, it would be wise if Indonesia cooperates more effectively with the other littoral states - Malaysia and Singapore. Cooperation would result in the strengthening of the region's ability to deal with these kinds of maritime threats."

BJ: But how far do you think Malaysia's move per se will take us?

KSN: "Well, it will take us to the extent that it will strengthen Malaysia's ability to deal with piracy, but it would not preclude the possibility of cooperation with a regional and external power in further strengthening the security of sea-lanes and combating maritime piracy."

BJ: Some countries have indeed suggested getting more than just the littoral states involved in ensuring security along the Straits because many other countries have a stake in it as well. But getting other countries involved has been a sensitive issue for countries like Malaysia and Indonesia because of sovereignty issues. Do you think with the setting up of this new agency, we can deduce that the littoral states are well on their way to building up their own capabilities in this regard and therefore other countries need not get involved, for now anyway?

KSN: "With respect to sovereignty, I think it really is not that sensitive when practical considerations of state security and state welfare are taken into account and in which other states also have an interest in providing for the security of such areas. National interest can be harmonised with global interest so that the issue need not appear to be as sensitive as it might initially seem."

BJ: So there are ways, even in this case, of extending and receiving assistance without compromising sovereignty?

KSN: "Yes, through the process of consultation and cooperation, this can happen. One way of doing this is to engage the capabilities of other powers who have a higher level of technological and intelligence sophistication. The US is one of these countries. Clearly, when we share information with the United States or when the United States shares information with countries in the region in order to make the combating of piracy or even the combating of terrorism more effective, how does that, in any way, violate a country's sovereignty?"

BJ: So you're referring to assistance and cooperation in terms of capacity-building rather than physical intervention or joint patrols with other powers such as the US? Most countries take issue with suggestions of any form of physical intervention by foreign powers.

KSN: "Well, joint patrols would be the product of consultation and cooperation. But that also means increased capacity-building on the part of the littoral states and external powers, all of whom have a common interest in the security of sea-lanes and the lines of commerce."