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STATEMENT : 33RD MEETING OF UNCLOS STATES PARTIES [ITEM 10(A) - INFORMATION REPORTED BY THE CLCS CHAIR], 12 JUNE 2023
STATEMENT BY
MR. SHAHARUDDIN ONN
DEPUTY DIRECTOR-GENERAL
DEPARTMENT OF MARITIME AFFAIRS
MINISTRY OF FOREIGN AFFAIRS, MALAYSIA
ON AGENDA ITEM 10(A): INFORMATION REPORTED BY THE CHAIR OF
THE COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (CLCS)
AT THE THIRTY-THIRD MEETING OF STATES PARTIES TO
THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
NEW YORK, 12 JUNE 2023
Mr. President,
At the outset, I join other delegations in congratulating you and the other members of the Bureau on your election. My delegation would also like to take this opportunity to express our appreciation to your predecessor and the bureau members of the previous session. Malaysia is confident that the 33rd meeting of States Parties to the United Nations Convention on the Law of the Sea (UNCLOS) will achieve its goals under your able stewardship.
2. On behalf of my delegation, I wish to thank the Chair of the Commission on the Limits of the Continental Shelf (CLCS), Mr. Adnan Rashid Nasser Al-Azri of Oman, for presenting the progress of work of the Commission for the 55th, 56th and 57th sessions. Malaysia is proud and honoured that two of its nationals have served on the Commission for five consecutive terms, since 1997. The Government of Malaysia wishes to express its deepest gratitude for the contributions of the current and outgoing member Dr. Mazlan Madon, and Dr. Abu Bakar Jaafar, who had served on the Commission from 1997-2012.
3. On this agenda item, Malaysia wishes to make the following statement.
4. Article 76 provides that Coastal States shall delineate the outer limits of its continental shelf and submit to the Commission information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. The Scientific and Technical Guidelines of the CLCS and the Rules of Procedure of the Commission are the main guidelines for assisting coastal States to prepare their submissions regarding the outer limits of their continental shelves. The Commission shall thereafter make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf.
5. Malaysia has carried out its obligation by submitting comprehensive particulars on its continental shelf beyond 200 nautical miles as follows: (i) Joint Submission with The Socialist Republic of Vietnam in 2009; and (ii) Malaysia’s partial submission in 2019. These submissions are based on sound scientific and technical data in accordance with Article 76 of UNCLOS and the Scientific and Technical Guidelines of the CLCS.
6. Malaysia observes that from the 103 submissions received thus far, 18 submissions have been deferred, including the submissions by Malaysia. The Rules of Procedures is a CLCS document, and it is implicit that, by default, States have to agree to abide by the Rules.
7. In this regard, Malaysia observes that paragraph 5 (a) of Annex I of the Rules of Procedure, which provides that “In cases where a land or maritime dispute exists, the Commission shall not consider and qualify a submission made by any of the States concerned in the dispute”, has been invoked to block the consideration of submissions. Malaysia is of the view that this would not be in line with the spirit of Article 76 of the Convention, particularly Paragraphs 7 and 10. Malaysia is of the further view that the application of Article 76 of the Convention should not be defeated by paragraph 5(a) of Annex I of the Rules of Procedure. Additionally, the same paragraph provides that the Commission “may consider one or more submissions in the areas under dispute with prior consent given by all States that are parties to such a dispute”, which in a way imposes additional obligation on the submitting State to seek consent from other States in order to avoid deferment of the submission by the CLCS
8. The deferment of consideration by the CLCS, according to the Rules of Procedure, has placed Malaysia and a number of other States at a disadvantage, with no apparent recourse, perhaps indefinitely. This situation has placed undue burden and stress on submitting States who have invested heavily in terms of financial, time, and human resources towards the preparations for the submission and while awaiting their submissions to be considered. While submissions by States to the Commission have to be accompanied by voluminous documents, prepared by technical and scientific experts, and invaluable national resources expended, the Commission may defer the consideration of such submissions by a mere objection as contained in a diplomatic note, citing that a land or maritime boundary dispute exists between the States.
9. My delegation is of the view that serious efforts should be made to address this specific concern and to explore ways to improve the Rules and Procedures so as to better align it with the purpose of UNCLOS 1982, thereby safeguarding the rights and interests of all coastal States involved in the delineation of their continental shelves.
10. Malaysia is further of the view that if this issue is not addressed accordingly, it will result in a continued deadlock in a number of cases. Consequently, this would result in the prolonged absence of outer limits of the continental shelf and delineation of those affected areas between the Area and areas under national jurisdiction – a scenario that is not envisaged by the Convention in the long run. Effectively, Malaysia’s and other affected States’ submissions may be meaningless despite their arduous efforts in fulfilling their rights and obligations under the Convention.
Thank you, Mr President.