By: Dr. Illisriyani Ismail

Presently, Malaysia Oceans is in state of crisis, facing a greater array of problems and threats than ever before in history. With more than three quarters of Malaysia’s population today live on or near coastal regions. Toxic pollution from cities and fields, anthropogenic waste disposal, excessive nutrients, increasingly threaten living and nonliving resources in the coastal and ocean environments. This has adversely effecting and fundamentally changing natural ecosystems, and even threatening human health. Moreover, the marine life and vital coastal habitats are straining under the increasing pressure of deteriorating sea water quality and the cumulative effects of excessive human use.

The economic value of Malaysia’s Maritime Sector’ is generated by a wide range of economic and resource-use activities, including inter alia: shipping and maritime transport (cargo), marine fisheries, marine tourism, mining, education, energy (oil and gas, and renewable), marine engineering, and biotechnology.

In recent years, the economic contribution from marine natural resources and ocean industries has been rising in importance, particularly with the growth of oil-and-gas and ports-and-shipping industries. More than 50% of the country’s GDP is generated through maritime foreign trade and the sea fishing industry. Malaysia’s ports handled about 77% of total imports and exports and maritime export constituted 80% of total export by volume (IMO, 2009). Table 1 presents an estimated overview value of the maritime sector derived from natural resource use (fisheries, oil and gas), and maritime industries (i.e. tourism and shipping). These four marine-based industry sectors are responsible in generating 21.6% of Malaysia’s Gross Domestic Product (GDP).

Table 1: Estimated Economic Value of Selected Maritime Sectors

Source: Sea Resources, (various years).

Fourteen years after the final meeting of The UN Convention on the Law of the Sea at Montego Bay, Malaysia finally ratified the convention on 16th October 1996. This has resulted in Malaysia gaining control over a continental shelf of 373,500 km2 and an Exclusive Economic Zone (EEZ) of 475,600km2 (Abdul Hamid, 2001). Today, the challenge of governance faces the ocean with all the complexity and paradox faced on land. With declaration of an exclusive economic zone (EEZ), and near universal acceptance of the EEZ regime under the United Nations Convention on the Law of the Sea, 1982 (LOSC), this however, does not enough to fare the exploitation of the ocean environment.

Table 2: Malaysia Maritime Areas

Like most countries, Malaysia has been fragmented among multi-governmental agencies. There was no comprehensive oceans policy and no responsible government agency for such policy, all of which resulted in coastal and ocean issues, such as intensification of coastal development, reclamation of wetland and estuaries, decline of water quality and loss of nearshore fishery stocks.

Malaysian Government concerns seriously of the problems affecting our oceans. With greater understanding of genetic and ecosystem biodiversity, and enhanced technology, these have raised awareness from the public officials, institutions and academics in the study and application of ocean governance.

What is Ocean Governance?

In order to define ocean governance, it is necessary to know the meaning of ‘governance’. The term governance has been around in various discourses for a long time, referring in a generic sense to a task of running a government, or any other appropriate entity for that matter. In this regard, the Oxford Advanced Learner’s Dictionary defines governance as ‘the activity or manner of governing’. According to Juda (1999) defines governance in very broad terms; the formal and informal arrangements, institutions and mores which determine how resources or an environment are utilized; how problems and opportunities are evaluated and analysed; what behaviour is deemed acceptable or forbidden; and what rules and sanctions are applied to affect the pattern of resource and environmental use.

Institutional Frameworks in Malaysia’s Ocean Sector

The institutional frameworks are necessary to provide clear guidance on how to manage activities at sea and within the coastal zone. This would be as indicator for the government to move forward constructively; i.e., where responsibilities are to apply; and how management of multiple-use activities might be undertaken harmoniously. However, institutional problems have constrained the effective management and administration of the ocean sectors in Malaysia.

At present, the following agencies are focused primarily either directly or indirectly on ocean governance in Malaysia:

1. Department of Fisheries;
2. Malaysian Maritime Enforcement Agency;
3. Marine Department;
4. Department of Irrigation and Drainage (Coastal Division);
5. National Oceanography Directorate;
6. Department of Marine Park;
7. Maritime Institute of Malaysia;
8. National Hydraulics Research Institute of Malaysia;
9. Malaysian Meteorological Department;
10. National Hydrographic Centre;
11. Royal Malaysian Navy; and
12. Royal Malaysia Police Marine Operations Force.

 

These agencies are are well established but in a very fragmented and uncoordinated fashion that most often, their responsibilities overlap with each other. This has created the existence of high degree of fragmentation of authority and responsibility in the current institutional design both vertically and horizontally. Therefore, uncoordinated development patterns within marine sectors, which have resulted in inadequate attention given to all components in the sector (Abdul, 2001).

In order to achieve Malaysia Vision 2020 that to adopt a global approach to industrialization, maintain and enhance competitiveness and develop an outward oriented services sector, the ocean sectors need to be improved. The focus is to link all agencies with national policies and coordinate the infrastructural development, keeping pace with development both on a national and global basis.

Legal Frameworks in Malaysia’s Ocean Sectors

Malaysia is bounded to at least 74 national laws at present pertaining to maritime management. This does not include about 35–40 subsidiary legislative items and by-laws which are enforceable with some of the major laws such as the Environmental Quality Act 1984 and Fisheries Act 1985. These laws provide the legal framework for about 14 different aspects ranging from ports, marine resources, environment, telecommunications, finance and education (Maritime Institute Malaysia, 1997).

In the international arena, Malaysia has already ratified at least 21 United Nations (UN) Conventions and 13 International Maritime Organisations (IMO) Conventions. Three Conventions are subject to ratification, 10 Conventions are under consideration for ratification and another 10 Conventions are recommended for ratification by Malaysia (MASA, 2000).

This has indicated that Malaysia is an “international citizen” that its obligation is to understand what needs to be done, by whom, where and when for sustainability development in ocean sectors. This is a big challenge for Malaysia as it has to acknowledge and provide fully both for the benefits and the obligations since Malaysia is a State party to the Law of the Sea Convention (LOSC) and other international legal instruments (Sea Resources, 2010).

Conclusion

In conclusion it can be said that, though Malaysia has a considerable stake in the ocean, the existing policies, and the institutional and legal framework for developing comprehensive ocean governance have not received the attention they deserve. It can be seen that many of the problems are between the sectors or within the sectors. Malaysia’s ocean-related institutions and much of the legislation that govern activities at sea reflect earlier standards and traditional approaches to oceans management rather than a consciously optimised governance regime. They do not establish the required level of integrated governance, nor do they meet today’s challenges and opportunities.

With the establishment of National Ocean Policy, it will assist government decision-makers, sectoral agencies and key non-government policy actors to address gaps and harmonise initiative towards sustainability development and management in ocean sectors. Also, it will facilitate the removal of structural barriers and out-dated regulations to create an efficient use of resources on sectors in which Malaysia has a competitive advantage.

 

Date of Input: 29/09/2020 | Updated: 14/06/2022 | noorbaiti