Manila, Jakarta ink rules on 2019 border treaty

INQUIRER FILE PHOTO

MANILA, Philippines — Other countries could probably take their cue from the Philippines and Indonesia in averting tensions over territorial disputes and concluding a border treaty, even if it took more than 25 years to finalize.

The two governments have recently signed the principles and guidelines for the delimitation of their continental shelf boundary, according to the Department of Foreign Affairs (DFA).

“The signing of the principles and guidelines marked an important step for the continental shelf boundary delimitation of the two countries as it reaffirms the provisions under United Nations Convention on the Law of the Sea (Unclos) 1982 as the basis of the delimitation process,” the DFA said in a statement.

The guidelines, which will implement a treaty that took effect in 2019 after talks that started in 1994, were signed last Wednesday by Assistant Foreign Secretary Maria Angela Ponce for the Philippines and Ambassador Andreano Erwin for Indonesia.

Archipelagic issue Both countries have overlapping Exclusive Economic Zones (EEZ) that run across the Mindanao Sea and the Celebes Sea, and in the southern section of the Philippine Sea in the Pacific Ocean, requiring them to negotiate and agree on a shared boundary.

According to the DFA, the guidelines were among key issues discussed during President Ferdinand Marcos Jr.’s meeting with Indonesian President Joko Widodo in Jakarta last month.

Marcos said he told Widodo that the arrangement between their countries may be used as an “example” by other member-states of the Association of Southeast Asian Nations in resolving maritime disputes.

Foreign Secretary Enrique Manalo and Indonesian Foreign Minister Retno L.P. Marsudi also discussed and reaffirmed their support to the negotiations of the continental shelf boundary between the two countries at the sidelines of the UN General Assembly in September.

Significant precedent

“The maritime boundary delimitation between the world’s two largest archipelagic States is a significant state practice on delimitation and contributes to the development of international law, particularly the law of the sea,” the DFA said in a previous statement.

The Philippines and Indonesia made an official joint submission to the United Nations of an agreement establishing the boundary between their EEZs and respective instruments of ratification in New York in 2019.

The sea border agreement was first discussed in June 1994 and was formally signed by the two states in May 2014 in Manila during the state visit of then Indonesian President Susilo Bambang Yudhoyono.

The DFA said the boundary overlaps with Indonesia arose after both countries projected their separate EEZs as prescribed by Unclos.

“It took 25 years to agree on a delimitation of our overlapping exclusive economic zone with Indonesia, and this agreement takes things a step further with the delimitation of our continental shelf. This process has been peaceful and in line with Unclos,” the DFA added.

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