Countries have collective interest to keep critical sea lanes open and secure: Zhulkarnain

SINGAPORE - Unlawful restrictions on the flows of trade, energy and critical supplies impose a cost that small island-nations cannot afford, Minister of State for Foreign Affairs Zhulkarnain Abdul Rahim said on April 27.

It is in the collective interest of all countries to keep critical sea lanes open, secure and accessible to all by upholding navigational rights and freedoms, he added.

Speaking on behalf of Fiji, Jamaica, Malta and Singapore, Mr Zhulkarnain said that the disruption to supply chains due to the global energy and trade crisis has had an “outsized impact” on small island nations and developing states that have import-dependent economies.

No country has been spared in the economic and humanitarian impact of the crisis as well, he added.

He was delivering a joint statement by the four small island-states at the UN Security Council high-level open debate on maritime safety and security, held in New York.

The statement was among many made at the debate addressing recent developments related to the Strait of Hormuz, which has been effectively blocked since the conflict in the Middle East began on Feb 28.

Noting that the Strait of Hormuz is classified as one used for international navigation, Mr Zhulkarnain said this means ships have a right to pass through the waterway under both the United Nations Convention on the Law of the Sea (UNCLOS) and customary international law, which binds all states whether or not they are parties to the convention.

“International law, and UNCLOS in particular, already provides a comprehensive framework to strengthen maritime safety and security – what is required is the resolve of all states to uphold and apply it.”

Although it has been more than 30 years since UNCLOS entered into force, there continue to be threats to the navigational rights and freedoms of vessels through international waterways, said Mr Zhulkarnain.

“The global energy and trade crisis stemming from disruptions in and around the Strait of Hormuz has brought these vulnerabilities into sharp relief.”

Singapore was one of the key architects of UNCLOS, a set of rules governing the world’s oceans, and played an active role, along with Fiji, Jamaica and Malta, in the drafting and conclusion of the convention. 

Mr Zhulkarnain called on all parties to respect the right of transit passage, to restore safe, continuous and unimpeded transit through the Strait of Hormuz, and to ensure the safety of seafarers and ships. 

The recent disruptions in and around the Strait of Hormuz have caused a global energy and trade crisis that has affected the interconnected global economy, he noted.

Over time, such a crisis can have far-reaching implications for global peace and security, increasing the risk of armed conflict and instability, he warned.

In Singapore’s own statement, Mr Zhulkarnain said that countries must work together to keep critical waterways safe and protected, as everyone stands to benefit.

There are opportunities to do so, he said, calling on all countries to do their part.

He also reiterated Singapore’s longstanding position on keeping such passageways open: “As a small island developing state whose lifeline runs through the straits of Malacca and Singapore... Singapore takes a clear and categorical position: Transit passage in straits used for international navigation is a right under international law and not a discretionary privilege that can be paid for or negotiated.

“Any erosion of international law in one region of the world inevitably sets a dangerous precedent for all others. The stakes are not theoretical.”

Mr Zhulkarnain said Singapore will continue to contribute to the efforts of the international community to uphold a free and open Strait of Hormuz.

“Ultimately, we hope for a diplomatic solution to the ongoing conflict in the Middle East that will bring lasting peace and stability to our global commons.”

He added that the transit passage regime in UNCLOS has real implications for global economic security and international stability. 

It was because of this that Singapore strongly supported the declaration adopted by the International Maritime Organization Council on March 19, which reaffirms that the exercise of navigational rights and freedoms by merchant and commercial vessels, in accordance with international law, must be respected, he said.

Mr Zhulkarnain added that Singapore aligns itself with the Philippines’ statement made during the debate. The Philippines had also spoken on behalf of ASEAN, calling on concerned parties to ensure the safety of seafarers. 

The closure of the Strait of Hormuz, a critical waterway off Iran’s coast, has put key maritime chokepoints under the spotlight. 

Mr Zhulkarnain noted in Singapore’s statement that in the straits of Malacca and Singapore – another critical maritime artery for the world economy – 23.2 million barrels of oil pass through each day, more than the 20.9 million barrels that used to flow through the Strait of Hormuz daily.

He also noted that the straits of Malacca and Singapore stretch only two nautical miles in width at the narrowest point.

If the right of transit passage is not upheld, international navigation through the narrow channels could be completely disrupted, he added.

Mr Zhulkarnain cited how countries in the region have been working together to ensure safe and orderly passage in the straits of Singapore and Malaysia.

For example, the Traffic Separation Scheme, adopted by the International Maritime Organization in 1977 on the joint proposal of Indonesia, Malaysia and Singapore, continues to regulate the passage of more than 100,000 vessels a year through the waterways.

Additionally, the Cooperative Mechanism on Safety of Navigation and Environmental Protection in the Straits of Malacca and Singapore was established in 2007. 

This was the first practical implementation of a section of UNCLOS that provides for cooperation between states that use a strait and states that border one.

This remains an essential platform to keep the straits safe, open and clean, and also involves the shipping industry and other stakeholders, said Mr Zhulkarnain. 

This mechanism reflects a shared commitment by the three littoral states to abide by international law, and to work together in consensus on the effective management of the straits, he added.

The UN Security Council has 15 member states, with five permanent members with veto powers: the US, Britain, France, China and Russia. Singapore is not a member state but was among those invited to the debate convened by Bahrain in its capacity as council president for the month of April.

A joint statement on maritime security, supported by 93 out of 193 member states of the United Nations, including Singapore, as well as the European Union, the Gulf Cooperation Council and the League of Arab States, was released ahead of the debate in New York.