IN his speech at the National Day Keynote Address 2024 on August 30, Prime Minister Datuk Seri Anwar Ibrahim emphasised that negligence contributed to the loss of Pedra Branca, Middle Rocks, and South Ledge, which constitutes a betrayal of the nation.
"No country in the world would easily relinquish its territory; nations go to war and lose thousands of lives to defend even small areas," he stated while announcing the government's decision to present the findings of the Royal Commission of Inquiry (RCI) to review the handling of the Sovereignty Case of Pedra Branca, Middle Rocks, and South Ledge in Parliament.
On May 23, 2008, the International Court of Justice ruled that Singapore had rights over Pedra Branca, while Middle Rocks, located less than a kilometre from the island, belonged to Malaysia.
The ownership of South Ledge, about four kilometres from Pedra Branca, was to be determined based on the maritime boundary of the controlling state.
Thanks to the efforts of then Attorney General Tan Sri Mohamed Apandi Ali and his team after the British government declassified all Far East documents in 2016, three documents were discovered in the United Kingdom National Archives between August 4, 2016, and January 30, 2017.
These "new facts" prompted Malaysia to request a revision of the ICJ's decision on Pedra Branca on February 2, 2017.
This was Malaysia's last chance to reclaim Pedra Branca, as Article 61(5) of the ICJ Statute states that "No application for revision may be made after the lapse of ten years from the date of the judgment," meaning no revisions could be made after 10 years from the decision, i.e., after May 23, 2018.
This effort was initiated because the late Sultan of Johor, Sultan Iskandar, during the opening of the Johor State Legislative Assembly on June 19, 2008, declared:
"I want to remind you that I have not forgotten about Pedra Branca. Pedra Branca does not belong to Singapore but to Johor. I will always seek ways to reclaim the island that belongs to Johor."
However, two weeks before the revision was scheduled, then Prime Minister Tun Dr. Mahathir Mohamad decided to withdraw the application, effectively closing Malaysia's opportunity to reclaim Pedra Branca.
On October 29, 2021, then Prime Minister Datuk Seri Ismail Sabri Yaakob administration established a Special Task Force led by Mohamed Apandi to review this issue. The report concluded that Dr. Mahathir was negligent.
After becoming the Yang di-Pertuan Agong, on February 14, His Majesty Sultan Ibrahim approved the establishment of the RCI on the handling of the Sovereignty Case of Pedra Branca, Middle Rocks, and South Ledge.
The RCI is crucial for preserving the nation's dignity and sovereignty.
As the current Prime Minister stated, "No country in the world is willing to lose even an inch of land."
This demonstrates the government's commitment to reviewing and rectifying past negligence and a clear message that national sovereignty must be defended with full commitment.
The loss of Pedra Branca damages the nation's dignity and raises questions about the weaknesses in defending our territorial rights.
From a security perspective, Pedra Branca's strategic location near the Singapore Strait makes it crucial for controlling this busy maritime route, including in regard to military aspects.
Losing this area means Malaysia loses its ability to monitor and control one of the world's busiest trade routes, which could impact national maritime security and the economy.
Thus, there is a need to examine the responsibilities of those involved and hold them accountable to ensure that similar negligence does not occur in the future.
The Prime Minister's emphasis on this issue is particularly important in the context of Malaysia's Independence Day celebrations on August 31st.
Issues of sovereignty and independence are central to our national identity. Anwar's courage in addressing this matter openly reflects his commitment to those values.
* The writer is Advocate and Solicitor, former Member of Parliament for Kok Lanas and Machang, and former Chairman of Amanah Raya Berhad