THE Foreign Affairs Ministry has sent two protest notes to Singapore pertaining to the airspace and maritime boundary disputes in which the two countries are engaged.

The first note objects to Singapore’s use of the Instrument Landing System (ILS) and ILS Approach Procedures for its Seletar Airport, which Putrajaya claims infringe on Malaysia’s sovereignty as they affected developments and shipping operations in Johor’s Pasir Gudang port.

Singapore has insisted that under current arrangements agreed upon by both countries, the republic was responsible for putting in place the flight procedures in the delegated airspace, which include those going in and out of all airports in Singapore.

The ILS procedure refers to an assisted navigational aviation facility at the airport that provides vertical and horizontal guidance to flights descending and approaching the runway.

In a statement issued last night, the ministry said it registered “strong objection and protest to the said publication by the Civil Aviation Authority of Singapore (CAAS) without the agreement of the government of Malaysia”.

“The unilateral act by the government of Singapore is a violation of Malaysia’s sovereignty and is an intrusion of Malaysia’s sovereign airspace above its territory,” it said.

“This contradicts the principles that each state has complete and exclusive sovereignty over the airspace above its territory; and that the delegation of a state’s responsibility for its air traffic services over its territory does not derogate its sovereignty.

“The Ministry of Foreign Affairs of Malaysia therefore reiterates the call by the government of Malaysia for the immediate withdrawal of the publication of ILS and ILS Approach Procedures for Seletar Airport by the government of Singapore.”

The second protest note was with regards to the maritime boundary dispute between Malaysia and Singapore, including the new Johor Baru Port Limits and recent incidents of alleged encroachment.

The ministry said that the government “categorically rejects” Singapore’s allegations that the move to extend the Johor Bahru port limits “has resulted in the encroachment of the port limits in Singapore’s territorial waters off Tuas, or that it is a violation of Singapore’s sovereignty and international law”.

“The government of Malaysia affirms that the new Johor Baru Port Limits are within Malaysia’s territorial sea.

“Further, it is well within the government of Malaysia’s right to draw any port limit in its territorial sea in accordance with Malaysia’s own national laws.

“As such, the government of Malaysia refutes the view that Malaysia’s government vessels had intruded into Singapore territorial waters off Tuas,” said the press release.

It maintained that it is within Malaysia’s right to deploy its enforcement and implementation agencies within its territorial sea, and that the practice is “fully consistent” with international law.

“As such, the Malaysian Maritime Enforcement Agency and the Marine Department of Malaysia have not intruded into any part of Singapore’s territorial waters,” it said.

The ministry also noted the “good and strong” bilateral relations between Malaysia and Singapore, and proposed a meeting between the foreign ministries of both countries to discuss “outstanding maritime boundary issues”.

“It is important to avoid any acts which may lead to escalation and fuel tension,” the ministry said.  – December 6, 2018.