Indonesia adamant on Archipelagic State rights in ASEAN Open Sky Liberalization

Aug 3rd 2007

In the recently held 16th. Meeting of the ASEAN Air Transport Working Group (ATWG) that discussed the ASEAN Open sky policy towards an ASEAN Single Aviation Market in 2015, Indonesia held fast to its territorial rights as an archipelagic state. This position was strongly opposed by most other ASEAN member countries since this is expected to also affect air transport cooperation between ASEAN and Japan, South Korea, India, China the European Union, and the United States, writes Bisnis Indonesia

The territorial issue is fundamental to the integration of ASEAN air transportation system, says Bambang Ervan, spokesman for the Department of Transportation. 

Director for Air Transport, Tri S. Sunoko explained that while other ASEAN members proposed that territorial rights are counted based on 200 nautical miles from each island, this notion will run counter to Indonesia’s claim which is confirmed by the International Convention of the Law of the Sea that as an Archipelagic State, Indonesia’s territorial rights stretch as far as 12 miles and 200 miles (economic zone) calculated from point to point of the outermost borderline of Indonesia’s outermost islands.

Should Indonesia’s authority be limited to 12 miles from each island, then the seas, (as well as the air space above the seas) between the islands will become international jurisdiction,  despite the fact that these seas lie among Indonesian islands and within the internationally recognized territory of the Indonesian state.  An example is the Makassar Straits that would otherwise be counted as international waters, including the space above the waters, if territorial authority is calculated from the shores of each island.
This notion, of course runs counter to Indonesia’s jurisdiction and infringes on Indonesia’s sovereignty.
 
The issue, which will be a major stumbling block to ASEAN Aviation integration, will therefore be deferred to the ASEAN Senior Transport Official Meeting scheduled for November, when the ASEAN Single Aviation Market was to be signed by the ASEAN Transport Ministers. 
The 1982 United Nations International Convention on the Law of the Sea (ICLOS) states that:
 “(a) "archipelagic State" means a State constituted wholly by one or more archipelagos and may include other islands;
(b) "archipelago" means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such”.
Article 47 further specifies that” An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago,..”
The ATWG in Bali was also attended by delegates from ASEAN partners, namely Japan, India, EU and the United States.

Concerning the liberalization of air cargo, Director Tri Sunoko confirmed that Indonesia has offered to include seven airports only, these are the airports of Batam, Balikpapan, Biak, Makassar, Manado, Palembang and Pontianak, reports Bisnis Indonesia.