'Win-win' outcome for both S'pore & Indonesia in FIR, extradition, defence cooperation agreements: Teo Chee Hean

Good basis for future cooperation.

Faris Alfiq | February 22, 2022, 08:41 PM

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Senior Minister Teo Chee Hean said that the set of agreements signed during the Singapore-Indonesia Leaders' Retreat was "carefully negotiated" to achieve a "good balance of benefits" for both countries, which are durable and for the long haul.

Teo, who is also the Coordinating Minister for National Security, gave a ministerial statement in Parliament on Feb. 14, responding to questions filed by Members of Parliament on the set of agreements signed during the retreat.

Set of agreements signed during Leaders' Retreat

During the Singapore-Indonesia Leaders' Retreat, Prime Minister Lee Hsien Loong and Indonesian President Joko "Jokowi" Widodo witnessed the signing and exchange of a set of agreements negotiated on the basis of the "Framework for Discussions", which were announced during the previous Singapore-Indonesia Leaders' Retreat in 2019.

These agreements include:

  • Agreement on the Realignment of the Boundary between the Jakarta Flight Information Region (FIR) and the Singapore FIR;
  • Treaty for the Extradition of Fugitives (ET); and
  • Joint Statement between the Defence Ministers on the 2007 Defence Cooperation Agreement (DCA)

Teo described the results of the negotiation as a "win-win" outcome for the long haul.

Key considerations of both countries addressed in FIR agreement

FIRs arrangements are established under the International Civil Aviation Organization (ICAO) to manage civil aircraft in order to ensure the safety and efficiency of air traffic, and advance international civil aviation.

Teo said that Indonesia had expressed its desire to realign the FIR boundaries in accordance with its expanded territorial waters, which include archipelagic waters newly provided for under The United Nations Convention on the Law of the Sea (UNCLOS) in 1982.

Singapore's interest was the present and future needs of Changi Airport, which Indonesia accepted.

The FIR Agreement that both countries concluded under the Expanded Framework addressed these key considerations.

Singapore and Indonesia agreed to realign the boundary between the Singapore and Jakarta FIRs, taking into account Indonesia's archipelagic and territorial baselines, which were deposited with the United Nations in 2009.

Delegation arrangement to last for 25 years

Indonesia will also delegate to Singapore the provision of air navigation services in portions of the airspace within the realigned Jakarta FIR, to ensure that present and future traffic to Changi Airport and nearby Indonesian airports continue to be managed safely and efficiently.

The delegation arrangement will last for 25 years, and shall be extended by mutual consent if both countries find it beneficial to do so.

Once all the agreements under the Expanded Framework have been ratified through each countries' respective domestic processes, Singapore and Indonesia will jointly seek ICAO approval for these new FIR arrangements.

"We believe that the FIR arrangements will benefit the aviation sectors of both countries and airspace users in the region," Teo said.

FIR Agreement ensures the safety and efficiency of air traffic

In his own speech on the same day in Parliament, Transport Minister S Iswaran said that the FIR Agreement will bring clarity not just to both countries, but also to the international civil aviation community.

"It would also lay the foundation for us to strengthen bilateral cooperation in the aviation sector and across our broader relationship," he said.

He added that the outcome of this consultative negotiation process is an FIR Agreement that ensures the safety and efficiency of air traffic, addresses Indonesia and Singapore's interests and needs, and benefits international civil aviation.

Iswaran added that the FIR Agreement allows Singapore to continue providing air navigation services (ANS) within a contiguous block of airspace sufficient for Changi Airport's present and future needs.

"It will support the continued growth and competitiveness of Singapore's air hub and aviation-related sectors," he said.

The FIR Agreement will also ensure the safe and efficient management of traffic to Indonesian airports, including Batam, Bintan and Tanjung Pinang airports which are in close proximity to Changi.

Iswaran described the FIR Agreement as a "significant milestone" in Singapore's bilateral transport relationship with Indonesia, which will bring benefits to Singapore, Indonesia and international civil aviation.

What happens after 25 years?

Responding to questions filed by Saktiandi Supaat and Workers' Party leader Pritam Singh on what will happen to the agreement after 25 years, Teo described the duration of the agreement as a "durable and firm basis for cooperation in this important area for a generation or more".

He added that Singapore and Indonesia recognise that they will always be neighbours, and that both countries should continue to work together as partners.

"This agreement and the principles underlying it provides a good basis for future cooperation where each side brings something to the table and we work together to create a larger outcome, where the whole is bigger than the sum of all its parts," he said, and added that Singapore certainly hopes and have confidence that after 25 years, this same spirit will prevail.

DCA provides clarity for SAF training in Indonesian waters

As for the DCA, Teo said that the agreement will strengthen cooperation between both countries' armed forces and advance bilateral defence relations.

"It will facilitate the discussion and oversight of new areas of defence cooperation between our two defence establishments," he added.

According to Teo, the Singapore Armed Forces (SAF) has been conducting training in the designated South China Sea Danger Area (or SCSDA for short) since the 1960s, when the area was international waters.

Subsequently, parts of the SCSDA became Indonesian archipelagic and territorial waters and airspace under UNCLOS.

However, the SAF's training activities in such areas continue, as a right provided for under Article 51 of UNCLOS.

"When the DCA comes into force, it will provide clarity on the arrangements for the SAF's training in Indonesian archipelagic and territorial waters and airspace, with full respect for Indonesia's sovereignty over its territory, while preserving Singapore's rights," he added.

ET will enhance Singapore's role as a responsible and effective member of the international community

As for the Extradition Treaty (ET), Teo said that it is similar to the treaty that Singapore signed in 2007.

"Under the ET, Singapore and Indonesia will grant extradition for a comprehensive list of extraditable offences covered by the treaty, in accordance with the laws of both countries and subject to the requisite safeguards and provisions in the ET," said Teo.

He added that this treaty will strengthen cooperation between the law enforcement agencies of both nations.

The only change is in its retrospective application to extradite fugitives for crimes committed 18 years ago, as compared to 15 years in the 2007 agreement, starting from the time that the ET comes into force.

This change was made at Indonesia's request.

But even without an ET, Teo said that Singapore has already worked closely with Indonesia to tackle these criminal matters.

"The ET will complement our existing cooperation with Indonesia through the Asean Treaty on Mutual Legal Assistance in Criminal Matters and other multilateral treaties we are party to," he added.

Fundamentally, the ET reflects both countries' commitment to work with international partners to combat crime and uphold the rule of law, which in turns enhances Singapore's role as a responsible member of the international community.

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