BRUNEI-MALAYSIA TERRITORIAL SETTLEMENT OVERSHADOWED BY

UNCLAS SECTION 01 OF 02 BANDAR SERI BEGAWAN 000059 SENSITIVE SIPDIS DEPARTMENT FOR EAP/MTS/MGCOPPOLA E.O. 12958: N/A TAGS: PGOV PINR PHUM ECON BX SUBJECT: BRUNEI-MALAYSIA TERRITORIAL SETTLEMENT OVERSHADOWED BY LIMBANG CLAIMS SUMMARY -------------- 1.(SBU) On March 16, The Sultan of Brunei and Malaysia's Prime Minister Abdullah Badawi signed a 'Letter of Exchange' (LOE). The LOE specified the final delimitation of maritime boundaries, the establishment of Commercial Agreement Areas (CAA) in oil and gas, the modalities for the final demarcation of land boundaries, right of passage for Malaysian vessels across Brunei waters, and setting up of the joint Brunei-Malaysia technical committee. The joint committee is tasked with finalizing the details of demarcating the boundary issues. Over the past two weeks, the LOE signing has been overshadowed by a public row over any final settlement regarding Limbang, an area in the Malaysian state of Sarawak that Brunei has long claimed as its own territory. Senior Bruneian officials stated Limbang was not/not part of the settlement talks. Overall Bruneians have expressed mixed feelings on the settlement. Local bloggers have supported the process whereas the National Development Party (NDP) will be disappointed if Brunei government does not claim Limbang as Brunei territory. The development of new, and once disputed, areas for oil and gas exploration is seen as the key factor for a lasting final settlement. End Summary. BRUNEI-MALAYSIA LONG NEGOTIATIONS -------------- 2.(U) The negotiations over the agreement began in 1995 and it has taken 39 rounds of talks to finalize the LOE. The dispute over Limbang started in 1890 with the cession of the territory by Brunei to Sarawak's James Brooke which resulted in a significant reduction of Bruneian territory. (NOTE: Limbang is located on the banks of Sungai Limbang between the two halves of Brunei with a population over 40,000. END NOTE.) 3.(U) The maritime boundaries dispute started in 2003 when Shell and Total's exploration work at Block J and K was suspended following an incident where Total exploration was chased away by Malaysian patrol boats. The Malaysian claimed it had extended its territorial claims into seas, which Brunei replies are in its Exclusive Economic Zone (EEZ). Brunei awarded offshore Blocks J and K to consortia led by Shell and Total in 2000. The CCA stipulated that the oil and gas revenue in the disputed areas would be shared between the two nations. It was not disclosed how much each country would receive. 4.(U) The joint Brunei-Malaysia technical committee tasked to finalize the technical issues related to surveying and demarcating both the land and maritime boundaries would "require a bit of time". Until then, petroleum exploration and exploitation activities in the area will have to wait. (NOTE: Brunei team is led by the Minister of Foreign Affairs and Trade II, Pehin Lim Jock Seng, while Malaysia team is lead by Malaysian Foreign Minister Datuk Seri Dr Rais Yatim. END NOTE.) MALAYSIA'S PUBLIC CLAIMS ON LIMBANG -------------- 5.(U)On March 16, during a press conference with the Malaysian media, PM Abdullah Badawi said "Brunei has decided to drop the Limbang issue and as a result, Limbang is part of Malaysian territory". However, the following day at the Legislative Council session, the Minister of Foreign Affairs and Trade II, Pehin Lim Jock Seng, clarified PM Abdullah Badawi's statement by saying, "In actual fact, the issue of claims over Limbang was never discussed. What was discussed is regarding the demarcation of land boundaries". Pehin Lim Jock Seng further clarified that the LOE did not have any specific mention on Limbang. GOVERNMENT OF BRUNEI DIRECTS MEDIA RESPONSE -------------- 6.(SBU) In response to the Malaysian media report on PM Abdullah Badawi's statement, the Information Department instructed both private-owned Borneo Bulletin and Brunei Times to make Pehin Lim Jock Seng's clarification as the headline. Local journalist told Political Assistant that the Information Department received the instruction from the Prime Minister's Office. According to embassy contacts, the local media would have preferred for Pehin Lim Jock Seng to hold a press conference. BRUNEI'S MIXED REACTION -------------- -------------- ¶7. (SBU) Rozan Yunos, Permanent Secretary at the Ministry of Development, wrote on his blog; "I am not that much worried about the land boundary or the issue of claims...the bigger issue is economics". Rozan would rather focus on the maritime agreement because there is great potential in the maritime area. Another BANDAR SER 00000059 002 OF 002 popular local blogger, 'anakbrunei' concurred with Rozan's statement and agreed that "we should be focusing on the potential economic gains rather than getting all hot and bothered over the border". 8.(SBU)On March 16, Brunei's only political party, NDP wrote on their website that they hoped the agreement on the issue of Limbang will favor Brunei and Brunei will not be at lost. NDP, since its inception in 2005, has been campaigning vigorously for the Brunei government to claim Limbang as Brunei's territory because there is still one village in Limbang where Brunei citizens are still residing. NDP Vice President Mahmud Morshidi did not hide his disappointment if Brunei dropped its claim over Limbang. On March 19, NDP wrote that the government should include its citizen in the decision making on the issues of claims and invited Pehin Lim Jock Seng to be more transparent in discussions about settlement status. UPSIDE OF SETTLEMENT -------------- ¶9. (SBU) Total (French Oil and Gas firm) was not a participant in the negotiations. (NOTE: Total current is responsible for about five percent of Brunei's total oil and gas production. END NOTE.) However, Total did give a presentation to GoB officials on technical and production details of any final settlement. During the past year, Total has publicly encouraged the GoB to speed up the negotiations. There appears to be mixed opinion in Total regarding how quickly the CCAs will be finalized. This mixed opinion is balanced by the tremendous oil and gas development possibilities. Total, the GoB, and current and future partners will benefit from oil and gas fields that have conservative public estimates of at least twenty years of production. COMMENT -------------- ¶10. (SBU) The initial public goodwill was greatly reduced by the public spat over Limbang. It appeared GoB officials were caught off guard by senior Malaysian leaders' public statements. In our recent discussions with GoB officials, local media, and private sector business leaders there is a general consensus that any lasting final settlement hinges on the upcoming committee meetings. While Limbang is an important issue to many Bruneians, the benefits of new oil and gas field development can and will do much to mitigate those concerns. Demarcation and the CCA actual revenue sharing will determine how quickly both sides come to final settlement. While public sentiment has been positive, notwithstanding the Limbang dispute, there are many leaders who have told us they believe the final settlement is likely a longer-term process than initial anticipated and announced. MCINTYRE