14 theSun | WEDNESDAY MARCH 25 2009

speak up!

Washington must
Convention on the law of the
sea (UNCLOS) which came
into force in 1994 has been
cited as the most relevant
reference for what states
can do or not do in the EEZ.
Unfortunately, UNCLOS is
ambiguous and it has left a
territorial sea, not beyond
200 nautical miles from the
baselines from which the
breadth of the territorial
sea is measured. Within the
EEZ the coastal state has the
sovereign right to explore,
exploit and manage the
fears of military threat and
by changing the rules of
engagement on assertions.
Of course, such interim
measures are no substitute
for a conference of states to
remove the legal ambiguities.
Just as war is too important

unclench its fist first

comment by BA Hamzah
THE USNS Impeccable, a
US surveillance ship was on
a mission to map the ocean
floor when China asked her to
leave its exclusive economic
zone on March 8. If she was,
as claimed, to be exercising
the right of navigation in the
EEZ, she should have just
sailed through and China
would have had no reason
to be upset. Instead, she was
in the area for several days.
Several similar unauthorised
activities in the past have
made China jittery. In April
2001, for example, a Chinese
fighter jet crashed, killing its
pilot after colliding with a US
spy aircraft. A month later
the Bowditch was spotted
conducting surveillance in
Chinese EEZ. And, on March
4, the USNS Victorious, an-
other spy ship was caught
spying about 125 miles from
China’s coast.
The two most recent inci-
dents came two weeks after
China and the US decided
to normalise their military
relationship following the
fallout over the US decision
to sell US$6.5 billion (RM23.5
billion) worth of sophisti-
cated weapons to Taiwan in
October 2008; within days of
Hillary Clinton’s successful
visit to China where she
reportedly succeeded in per-
suading China to cooperate
with global efforts to alleviate
the economic ills. However,
the embarrassment did not
derail nor dampen the visit of
the Chinese Foreign Minister
Yang Jiechi to Washington
on March 10. Despite its
outrage, China still attended
the G-20 meeting of finance
ministers in Horsham, Eng-
land, on March 15.
The spying activities are
in contravention of Chinese
laws notably the 1992 Law
on the Territorial Sea and
the Contiguous Zone; the
1992 Law of Surveying and
Mapping (revised in 2002)
and the 1996 Regulations on
the Management of Foreign
Related Marine Scientific
Research. That the US has
chosen to ignore them claim-
ing they are inconsistent
with international practice is
unfortunate.
The US policy defies
logic. One explanation is
that Washington wishes to
send a strong message that
the economic recession has
not affected clandestine op-
erations in China’s backyard.
Such spats have made di-
plomacy look cheap as they
could have been avoided.
Washington’s decision to
continue challenging state
practice against the conduct
of military exercises or
manoeuvres in others’ EEZ
does not augur well with its
new foreign policy of asking
others to unclench fists.
Washington has insisted
that military exercises that
involved the use of weapons,
the launching of aircraft,
espionage and interference
with coastal communica-
tions in the EEZ of other
countries are allowed under
customary international
law. But the jurists are still
divided on the right of states
to conduct military activities
in the EEZ of other countries
simply because the concept
of the EEZ itself remains part
of the treaty law. To evolve
into customary law a state
practice has to be widely
accepted over a long period
of time. Most jurists insist
that a customary practice,
even when it is general and
consistent, is not customary
law unless an opinion juris
or a sense of legal obligation
or duty is present.
The 1982 United Nations
jarring lacuna. Terms like
marine scientific research,
hydrographic survey and
survey activities are not de-
fined in UNCLOS. The term
“military surveys” is not
mentioned at all. What con-
stitutes peaceful activities in
the EEZ is also not defined.
Nonetheless, conducting
espionage and military ac-
tivities in the EEZ of a state
that has legislation against
such practice, as it perceives
them as intimidating and
threatening, invites troubles.
After all, states are required
to refrain from any threat or
use of force against the ter-
ritorial integrity or political
independence of any state.
Confounding Washing-
ton’s indiscretion is its reluc-
tance to ratify UNCLOS. Its
policy of dividing the ocean
into national waters and
international waters ignores
changes in law of the sea.
The US navy, for example,
continues to treat the EEZ
as part of the high seas. In
the high seas all states are
allowed to exercise the free-
dom of navigation, freedom
of over-flight, freedom to lay
submarine cables and pipe-
lines and freedom of fishing.
Of course, such freedoms
must be exercised with due
regard for the interests of
other states.
UNCLOS has defined
EEZ as an area which is
beyond and adjacent to the
natural resources, the right
to establish artificial islands,
right over marine scientific
research as well as the right
to protect and preserve the
marine environment. But
such rights must be exercised
with due regard and duties of
other states.
Insisting on the right
of conducting activities in
the EEZ which can be per-
ceived as threatening and
intimidating to the security
or sovereignty of the coastal
state runs contrary to the
preamble of UNCLOS to
“facilitate international com-
munication and to promote
the peaceful uses of the seas
and oceans.” Unless the act
of spying and collecting data
of the ocean floor in the EEZ
of China by the Impeccable,
Bowditch and Victorious
does not constitute military
activities or violating Chi-
nese legislation, Beijing has
no valid reason to be angry
with Washington.
I have participated in a
series of open ended second
track meetings of scholars
and practitioners to discuss
the conduct of military ac-
tivities in the EEZ. Because
of the complexity of the issue
which adds to the ambiguity
of UNCLOS, it is my view
that maritime powers could
contribute to a peaceful
maritime security environ-
ment by respecting national
legislation, by removing
to be left to generals, security
at sea should not be left to
admirals and captains.
The politicians must rein
in their overzealous naval
and air force commanders
from conducting operational
activities that can undermine
maritime security especially
in hostile geographical envi-
ronments. Every effort must
be made to stop military and
intelligence activities in EEZ
which are likely to become
controversial and dangerous
in the future by rewriting the
law and revising the rules of
engagement. This is a tall
order but it is possible. This
is the best time to do it when
the fund for such military
activities could be chan-
nelled for more productive
socio-economic activities.
The time has come for
the Obama administration
to ratify the UNCLOS. It
should also work towards
rebuilding confidence at sea
by being less intimidating. It
is my view that conducting
military activities in the EEZ
of other countries is counter-
productive.
Washington must first
unclench its fist before it
asks others to do so.
The writer is senior research
fellow, Institute of Ocean and
Earth Sciences, and Faculty of
Social Sciences, University of
Malaya. Comment: letters@
thesundaily.com.

letters
letters@thesundaily.com
One vote for tiger park
DESPITE all the drawbacks presented by impossible objective. The proprietors will

Penang govt must change tack
WHEN Penangites voted over-
whelming for the Pakatan Rakyat
last year, the message they were
sending to the outgoing BN state
government was crystal clear.
It meant that Penangites no
longer felt industrialisation and
economic development alone
were sufficient to win their
electoral approval. The vote was
a reflection of the deep disen-
chantment and a groundswell
of anger that had accumulated
over the years on various issues
such as perceived unfair national
economic policies, inadequate
heritage preservation, environ-
mental degradation, unchecked
hill-slope development, pathetic
public transport system, hor-
rendous traffic congestion, poor
governmental accountability,
lack of public consultation and
transparency over key projects.
In the run up to the last gen-
eral election, PR (especially DAP)
managed to capture the Penan-
gite’s heart with their eight-point
election manifesto that promised
to usher in a “dynamic Penang”
and transform the state to the
next level of development that
is balanced, holistic as well as to
introduce more people-centric
and democratic, environmentally
and heritage-friendly policies.
As such, the expectation of
the Penangites of the new state
government led by Lim Guan
Eng was sky-high. On a personal
level, as someone who “voted for
change”, I was looking forward
for Lim and his administration
to initiate the radical and trans-
formational policies and strate-
gies to make Penang culturally
and economically vibrant once
more.
However, in the past one year
Lim has repeatedly disappointed
Penangites by failing to deliver
on his key promises. The state
government neither introduced
local council elections nor made
asset declaration. There was no
cancellation of the unpopular
projects such PGCC and PORR
or banning of hill-slope develop-
ment. There were no strategies
for public transportation to ease
the chronic traffic congestion,
preservation of heritage or
restore the decaying city or the
dirty beaches. The problems of
illegal hawkers and indiscrimi-
nate parking had actually wors-
ened, which was not unexpected
as the new chief minister’s first
action was to cancel parking and
illegal hawking summons.
Foreign direct investment
was the only bright spot of
Lim’s administration but then
again most of them were actu-
ally the result of the previous
BN government’s efforts. The
only success that Lim had was
the US$100 million (RM362
million) investment for a golf
resort by a Korean consortium
that attracted much derision and
savage criticisms.
Much has been made of
Lim’s CAT (competency, ac-
countability and transparency)
principles but it was just plain
rhetoric and political marketing
bereft of any real substance.
Lim’s exco was a big let down
too with the poor quality of
its members, most of whom
lacked experience, education,
knowledge, basic management
and administrative skills. That
some of the exco members could
not even speak English fluently
is seen as an affront and a deep
embarrassment to a technocratic
state like Penang.
Incidents such as “king of
tennis” fiasco, Penang Bridge
“tidal flow system”, “buy rocket
to help the hardcore poor”, the
laughable tiger park proposal,
banning of Utusan Malaysia and
the NST reporters for unfavora-
ble reporting and many other
gaffes had destroyed much of
the initial goodwill and euphoria
that greeted Lim when he first
assumed the leadership of the
state. In my view, Lim’s big-
gest problem is his propensity
for making highly antagonistic
statements and irrational de-
mands to the federal govern-
ment. A smarter chief minister
would have swallowed his pride
and made his peace with the
federal government for the sake
of Penang.
It is not too late for Lim to
change his approach, policies
and strategies to start to bring
Penang to the next level of devel-
opment. However, if he refuses
to change, the Penangites will
ensure that Lim’s administration
itself is changed.
Calvin Sankaran
Bukit Mertajam
the MYCAT in “Drop tiger park plan”, (March
23), I would vote in favour of the tiger park
or, better still, a zoo.
A zoo, or wild life park, is a wonderful
place for a family outing. Many children
and city folk will never see real animals,
especially wild animals, unless they visit a
zoo. We share this planet with animal life,
and a zoo or wild life park is the perfect
place to educate children and adults on the
need to respect the wild life.
A zoo can provide wonderful part-time
jobs for youngsters and retirees; having
schoolchildren work part-time at a zoo
would inculcate in them a love for natural
sciences and would also aid in the choice
of the career best suited to them.
A zoo, or wild life park can favour scien-
tific advancement because direct observa-
tion and experience are what generates
thought and, by extension, discovery.
For endangered species, such as the
tiger, the sanctuary and clout a zoo, or park,
would provide may well mean the differ-
ence between survival and extinction.
Naturally, all the above assume that the
zoo, or park, is properly funded, run, and
maintained. Although costly, this is not an
Specialist care it is not
MY 60-year-old brother-in-law who works
as a security guard has cataracts. He was
referred to Kuala Lumpur Hospital for treat-
ment by the government clinic in Wangsa
Maju in January.
On Jan 21, he took unpaid leave and
reported at the specialist eye treatment
centre at the hospital. After an examina-
tion, a cataract was confirmed. He was
given some eye drops and asked to come
back on March 24. However, on March 23,
he received a call informing him that the
eye specialist would not be available as
need to be enterprising and come up with
ideas that will keep the project well funded
and viable. Again, this should not be a prob-
lem as ideas can be derived from similar
successful projects around the world.
A zoo can have an attached farm with
related activities, for example, and chalets
for visitors, and even an auditorium for sci-
ence shows. These are just the most simple
ideas, and I am sure the industry’s experts
can come up with some truly irresistible
propositions.
As far as I can infer, the concerns
expressed by MYCAT mainly refer to laws
that are not enforced. In this case, all that
needs to be done is to enforce the law and
not stop the setting up of the park itself.
I have wonderful memories of both the
Singapore and Malacca zoos. I would rate
the Singapore Zoo, as it was between 1985
and 1988, as one of the best attractions I
have seen anywhere in the world.
If the park proposed for Penang were to
match the Singapore Zoo in 1985, it would
be money more than well spent.
Marisa Demori
Ipoh
he would be going for a course. His new
appointment was fixed for May 20.
The eye specialist is going to come back
better qualified to serve the rakyat. How-
ever, I wonder whether the many patients
– who are under his care and who had their
appointments postponed – will be able to
see him with their ailing eyes then.
The Health Ministry must do better to
serve the rakyat.
Basheer Abdullah
Kuala Lumpur