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THE VOL.65
JANUARY-MARCH 2016
INGENIEUR
M A G A Z I N E O F T H E B O A R D O F E N G I N E E R S M A L A Y S I A

Water Power

Photo courtesy of Ir. Fong Chew Chung


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LEMBAGA JURUTERA MALAYSIA
BOARD OF ENGINEERS MALAYSIA

EDITORIAL BOARD
2015-2016

PRESIDENT EDITORIAL BOARD


YBhg. Datuk Ir. Adanan bin Mohamed Hussain
ADVISOR
BOARD MEMBERS YBhg. Datuk Ir. Adanan bin Mohamed Hussain
YBhg. Datuk Wira Ir. Md Sidek bin Ahmad
YBhg. Dato' Ir. Dr. Abdul Rashid bin Maidin CHAIRMAN
YBhg. Dato' Prof Ir. Dr. Hassan bin Basri YBhg Dato Prof. Ir. Dr. Hassan bin Basri
YBhg. Dato Ir. Lim Chow Hock
Ir. Prem Kumar Vasudevan EDITOR
Ir. Mohtar bin Musri YBhg. Dato Ir. Fong Tian Yong
Ir. Zuraimi bin Sabki
Ir. Amrullah bin Kamal EDITORIAL MEMBERS
Ir. Zainal Abidin bin Saidun Prof. Ir. Dr. K S Kannan
Ir. Sundraraj Krishnasamy Ir. Prem Kumar
Ir. Tan Yean Chin Ir. Chan Boon Teik
Ir. Dr. Ahmad Anuar bin Othman
Ir. Ishak bin Abdul Rahman
Prof. Madya Ir. Hayati binti Abdullah
PUBLICATION OFFICER
Pn Nik Kamaliah Nik Abdul Rahman
Ar. Dr. Tan Loke Mun
Sr. Nik Zainal Alam bin Hasan

SECRETARY
Ir. Ruslan bin Abdul Aziz

REGISTRAR
Ir. Hizamul-din bin Ab. Rahman

The Ingenieur is published quarterly by the Board of Engineers Malaysia (Lembaga Jurutera Malaysia) and
is distributed free to registered Professional Engineers. The statements and opinions expressed in this
publication are those of the writers. BEM invites all engineers and readers to contribute relevant articles and
views to the Publisher.

PUBLISHER
Lembaga Jurutera Malaysia
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50580 Kuala Lumpur.
Tel: 03-2698 0590 Fax 03-2692 5017
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PRINTER: Art Printing Works Sdn Bhd, 29 Jalan Riong, 59100 Kuala Lumpur, Malaysia

1
INGENIEUR

CONTENTS

4 Presidents Message 20 Towards a Community


Based Approach in
Announcement Integrated Water Resources
Management
5 Publication Calendar
6 Professional Practising International Business
Certificate Update
30 Asean Economic Community
Blueprint 2025
Cover Feature
38 Apec Services Co-Operation
7 Managing Challenges in the
Framework 2015
Mengkuang Dam Expansion
Project
15 Sea Level Rise in Malaysia

51 74

26 VOL
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55JANUARY - MARCH 2016
JUNE 2013
Report 61
44 Malaysia as Council Member of
International Maritime Organisation
51 Malaysian Wetland Nexus With
Ramsar Convention
55 The Hashimoto Action Plan III
61 Trans-Boundary Water Co-Operation
& International Water Law

Engineering & Law


64 Indemnities

Engineering Features
74 Iconic Bridges & Buildings of Central
Vietnam 20

Engineering Nostalgia
80 Construction of The Gemas-Rompin
Road In 1956

44 80

3
INGENIEUR
PRESIDENTS MESSAGE

WATER POWER

T
he year 2015 ended with some important built over canals to connect folks from both sides
milestones for BEM. The impact of the illustrate the social function of the bridges beyond
amendments to the Registration of their engineering function. They are symbols of
Engineers Malaysia Act will be truly felt in 2016 friendship and goodwill and the Thanh Toan bridge
when the full implementation of the registration is a gathering place for locals with the waterway as
of PEPC (Professional Engineer with Practising a backdrop providing a place for relaxation while
Certificate) takes place. Existing PEs who have not enjoying the scenic environment.
accepted the offer to be registered as PEPC before Malaysia is also proud that six of her wetlands
July 2016 will have to sit for the Professional are on the Ramsar Convention list of wetlands.
Competency Examination if they decide on a later The article on Ramsar wetlands explains the
date to become a PEPC. important ecological functions of wetlands and
The year 2015 also marked the end of the highlights their economic, cultural, scientific, and
UN Water for Life Decade 2005 2015; the recreational value. Wetlands can be a source
new focus will be on the 2030 UN Agenda for of tourist income in addition to their ecological
Sustainable Development. Taking cognisance of function.
the importance of water, this publication starts the In 2016, BEM will be organizing the
year with the theme Water Power. The Power of International Engineering Alliance meeting from
water can be viewed from the perspective of water May 30 to June 4. It will be a great global event for
as a source of energy, threat of flood, an essential the engineering professions as the chairs of the
for food production, navigation and in other forms seven Governing Groups, such as the Washington
necessary for human survival. Accord and ACPE, will gather in Kuala Lumpur
With Malaysia taking its seat on the to chart the future course of the engineering
International Maritime Organization (IMO) Council professions. The event will attract many foreign
for her sixth term, the article on IMO provides delegates and journalists. We expect that there
an insight into its structure and function and will be significant press coverage on the mutual
its increasing role with the Maritime Silk Road recognition of global engineering qualifications.
initiative spurring more shipping traffic in the seas 2016 will be a challenging year for the
around Malaysia. The article on Hashimoto Action economy in general. But as it is often said, where
Plan III highlights the UNs direction towards there are problems, there will be opportunities. It
global post-2015 goals for water, including targets is up to the individual to seek the right solution to
on universal access to sustainable drinking water the problem to make his day.
and improving the integrated water resources
management and water-use efficiency.
On the cultural aspects, two ancient bridges Datuk Ir. Adanan bin Mohamed Hussain
in Central Vietnam in Hoi An and Thanh Toan President BEM

46 VOL
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JUNE 2013
PUBLICATION CALENDAR The Ingenieur is published quarterly by the Board
L E M B AG A J U R U TE R A M A L AY S I A
of Engineers Malaysia. The following are the
KDN PP 11720/4/2013 (032270)
themes for the coming issues.
BO ARD O F ENG INEERS M AL AY S I A

THE
INGENIEUR

ANNOUNCEMENT
VOL.64
OCTOBER-DECEMBER 2015
Vol. 66 Apr June 2016
M A G A Z I N E O F T H E B O A R D O F E N G I N E E R S M A L A Y S I A Infrastructure - Meeting Future Needs
Vol. 67 July Sept 2016
WasteManagement Energy for Sustainability
Vol. 68 Oct Dec. 2016
Engineering Innovation

Articles and other contributions relevant to the


themes are welcomed, but the decision to publish
rests with the Editorial Board.
Advertising inquiries are also welcomed. Please
refer to the BEM advertisement in this issue for
the latest rate card and booking form.

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October-December 2015 January-March 2016 natively on iPads and iPhones using
the Joomag Apps. Download for free. 5
INGENIEUR

PROFESSIONAL
ANNOUNCEMENT

PRACTISING
CERTIFICATE UPDATE
Following the passing of the Registration of Engineers (Amendment) Act 2015 by
Parliament in 2014 and gaining Royal Assent of DYMM Yang di-Pertuan Agong on
February 14, 2015, the amended Act was gazetted by the Minister of Works on February
28, 2015 and took effect on July 31, 2015.

With the coming operation of this Act, all Professional Engineers (PEs) who intend to
practise and provide professional engineering services are required to obtain practising
certificates. PEs can apply for the Practising Certificate upon passing the Professional
Competency Examination.

During the transition period, existing PEs are exempted from sitting the Professional
Competency Examination if they apply for the practising certificates before July 31, 2016.

PEs may choose to remain as PEs without the practising certificates. Both PEs and
Professional Engineers with a Practicing Certificate (PEPCs) are entitled to use the title Ir.
in front of their names.

66 VOL
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JUNE 2013
MANAGING CHALLENGES
IN THE MENGKUANG DAM

COVER FEATURE
EXPANSION PROJECT
By Ir. Khor Chai Huat and Ir. Lai Kim Fui, Angkasa Consulting Services Sdn Bhd
Tuan Hj. Ir. Noor Azahari Zainal Abidin, Jabatan Bekalan Air, KeTTHA

The Mengkuang Dam


Expansion Project
Construction of the Dam and
Associated Works Stage 1
completed in July 2015 in
Penang, features a 45m high
and 2km long embankment
dam and raising the height
of the existing 1km long
embankment by 11m. The
challenges in managing risks
associated with construction
of a new dam adjacent the
existing dam, impact of
existing quarry operation,
shortage of construction
materials and other major
issues required effective
solutions.

T
he construction and
associated works (contract Figure 1: Location Plan
value of RM 607million)
under the E xpansion of Tengah, Pulau Pinang and about and about 45 m high will be
Mengkuang Dam Project is a 40km east of Butterworth constructed at the left valley.
large scale project. The project and approximately 8km from The new dam under the
will increase the reservoirs Bukit Mertajam. The existing Stage 1 works was a zoned
active storage from 22 to 73.5 Mengkuang Dam which earthfill dam as illustrated in
million m3 and increased the forms part of the Mengkuang Figure 3. Figure 4 shows the
raw water supply capacity from Pumped Storage Scheme was new dam completed on 31st July
350 to 650 million litre per day. commissioned in 1985. The 2015. The draw- off tower
This water source development existing earthfill dam is about located near the left abutment
project is vital for the economic 1 km long and 31m high (see of the dam and valve house
development of Penang State. Figure 2). The existing dam crest downstream of the draw-off
The project is located in will be raised by 11m in height. tunnel is shown in Figures 5 and
District of Seberang Perai A new dam 2km in length 6 respectively.

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Stage 2 works to raise the
existing dam crest from EL45.72
m to EL 56.60m is currently
under construction as shown
in Figure 7. The Labyrinth type
spillway is located at the right
abutment of the heightened
dam.

The Challenges
The project involves
construction of a new dam and
raising of the existing dam. It is
a large scale civil engineering
project with many stakeholders
and involves complex technical,
environmental and social
issues and construction risks.
Engineering solutions have
Figure 2: Existing Mengkuang Dam to overcome the physical
constraints, cost and time over-
run.
After construction of the
new dam, water stored at the
existing dam will be transfered
to the new reservoir on the left
valley to enable continuity of
raw water supply to the Sg Dua
water treatment plant (WTP)
throughout the construction
Figure 3: Typical Design Section of New Dam period. The existing reservoir
will be emptied to facilitate
construcion works for raising the
existing dam.
Risk of construction is
high. Any mishap, especially
during foundation excavation
for the new dam will affect the
safety of the existing dam. Any
interruption of raw water supply
from the existing dam will have
serious adverse impact on the
water supply system in Penang.
Ro ck blas ting at the
commercial quarry near the left
abutment of the new dam will
affect the integrity of the new
dam. The risks of damage to the
concrete structures especially
Figure 4: A Upstream View of New Dam Completed At Left Valley the plastic concrete cut-off wall

86 VOL
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55JANUARY - MARCH 2016
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and cement grout curtain during
construction are high.
The earthfill materials of
8.5 million m3 required for the
project is large. Shortage of
construction materials from the
project site will lead to import of
construction materials. Besides
higher construction cost, risk to
villagers and impact on traffic at
Bkt Mertajam will be high due to
the large number of construction
vehicles passing through.

MANAGING CONSTRUCTION
RISKS
During the course of
Figure 5: A View of Draw-off Tower Upstream of Draw-off Tunnel
c on s t ru c t ion t here were
conditions which deviated from
original tender designs. The
major issues encountered were:-
Impact of commercial
quarry operation on dam
construction
Risk of leakage at left
abutment of new dam
due to rock mining at
quarry
Impact of construction
activities on safety of Figure 6: Valve House Downstream of Draw-off Tunnel
existing dam
Potential shor tage
of earthfill and filter
materials
Risk of Interruption to
raw water supply from
existing dam.

Impact of Commercial
Quarry Operation
After construction of the new
dam commenced in 2012
ground movement s were
detected at the dam site due
to rock blasting activities at
the Weng Lee Quarry adjacent
the left abutment of dam (see
Figure 8). There was a serious
concern about damage to the Figure 7: Raising Of Existing Dam

9
INGENIEUR
concrete structures especially operation had continued for the left abutment of the dam.
the plastic concrete cut-off two years. Two seismic stations Additional 282 points of curtain
wall and cement grout curtain. were set up for monitoring the grouting were carried out from
Questions were raised on the vibration due to rock blasting CH88 m to CH100 m. The risk
allowable limits of vibration activities. With the co-operation of reservoir leakage exiting
caused by quarry operation and of Jabatan Minerals and the excavated quarry face was
the potential impact on the dam Geosains, Majlis Perbandaran therefore resolved.
under construction. Seberang Perai and the
The blasting design of Weng construction supervising team, Potential Shortage of
Lee quarry allowed maximum rocks blasting activities of the Earthfill and Filter Materials
instantaneous charge up to quarry operators were brought
The total volume of earthfill
640 kg. Based on the method under control.
materials required for the
of analysis in Canada (Report
project was in order of 8.5
on Blasting Impact Assessment Risk of Leakage through
million m3 .The borrow areas in
for Nelson Quarry Extension, Left Abutment
the project site excluding borrow
April 2006), the peak particle
By the time the project area 4 at the ridge between
velocit y (PP V ) generated
commenced in 2012, the hill the left and ridge valley was
from the existing quarry was
adjacent Weng Lee Quarry was estimated to provide 6.5 million
estimated to be 58.5 mm/s and
half removed by rock blasting m3. It was assessed that about
17.4 mm/s for buffer distance
at the quarry. Figure 9 shows 2 million m3 of earthfill materials
of 200m and 500m. Both DOE
plan of the draw-off works at would need to be imported from
Guideline (2007) and United
the left abutment. Figure 10 external sources. Environmental
States Office of Surface Mining
shows the section through the problems especially public
recommend the safe limit for
quarry. The geological mapping safety and heavy traffic due to
the peak particle velocity of 12
in 2012 of existing quarry face the large fleets of trucks passing
mm/s. A minimum buffer 500m
indicates that there is existence through the town areas were a
is required in order to meet the
of series of heavy jointed and serious concern.
safe limit of PPV.
sheared zone in the rock mass The ridge contained over 4
The resolution of the quarry
facing at the existing quarry as million m3 of earthfill materials
issue had gone through a
illustrated in Figure 15. Concern suitable for core zone and
lengthy process involving legal
was raised by the consultant shoulder zones of the dam. The
and contractual matters which
that these joints and sheared abstraction of earthfill materials
required not only the inputs of
zones could be the potential from the ridge at borrow 4 is
the State authorities but also
leakage paths where the future constrained by the water level
the Ministries of the Federal
Mengkuang reservoir will be at the existing dam. Unless
Government. It was agreed by
filled up to full supply level storage water from the existing
the authorities that acquisition
EL55m. Sub-surface exploratory dam could be lowered so that
of quarry land is necessary
boreholes were conducted at the need to import construction
to ensure that safety of the
the left abutment of the dam materials can be avoided, the
dam is not compromised. The
adjacent the Weng Lee Quarry potential environmental issues
issue could not be resolved
In- situ permeabilit y test s could not be easily mitigated.
without the close co-operation
conducted showed high legion The project required
between Federal Government
value and leakage potential. approximately 2.5 million m3 of
and State Government of
Three rows of cement grout filter materials. The contractor
Penang especially the issue
curtain at the left abutment opted for import of river sand
on compensation to the quarry
of the dam was implemented for the filter materials. By mid-
owners and the fund required
with a variation order RM6.2 2013, the supply of river sand
for the land acquisition.
million in the contract to seal became unreliable due to
Before the quarry issue was
leakage paths through the shortage and dry weather which
resolved in 2014 the quarry
joints and fracture zones in affected the sediment transport

6
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Figure 8: Aerial
View of Existing
Quarries and
Project Site
Boundary

Figure 9: Layout Plan of Draw-off Tunnel at left abutment of New Dam

11
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Figure 10: Cross Section A-A Through Left Abutment

capacity of the rivers. Alternative Dam from elevation EL43m to


source of filter materials using EL34m.
crushed rocks was investigated. The original contract was
Large quantities of granite based on the premise that the
boulders were available at existing reservoir storage water
the dam site. The contractor must be maintained at full
eventually invested in rock supply level of EL43m to secure
crushing machines and set water supply from the dam to
Figure 11: Existence of jointed up a filter processing plant as Sg Dua Water Treatment Plant
and sheared zone in the rock shown in Figure 12. A laboratory (WTP). The State Government
mass facing at Weng Lee test (non-erosion test shown in of Pulau Pinang was concerned
Quarry Figure 13) was set up for testing that reducing the storage water
the acceptability of the crushed will affect security of the water
rocks filters. supply system. An alternative
water source as backup at
Potential Risk to Existing time of water shortage was
Dam necessary. KeTTHA sought
Construction of the new dam the agreement from Lembaga
and raising the height of the Sumber Air Negeri Kedah
existing dam involved foundation (LSANK) to release water from
Figure 12: Rock Crushing Beris Dam for supply to the
Machine and Filter excavation adjacent the existing
dam and at the downstream toe Sg Dua WTP in time of need.
of the existing dam. Due to the With the co-operation of the
reservoir water level at EL43.00 State Government of Kedah,
m, high water pressure gradient Pulau Pinang and Federal
exiting cut slope for foundation Government, the issue was
excavation posed risk to the resolved. The reservoir water
safety of existing dam. level of the existing dam was
To mitigate the risk, it was lowered in July 2014 to facilitate
necessary to lower the reservoir the construction of the dam
Figure 13: Non Erosion Filter
water level of Mengkuang expansion project.
Test Processing Plant

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Figure 14: Tender Design of Heightening of Existing Dam

Figure 15: Revised Design of Dam Heightening

Figure 16: Layout Plan of Labyrinth Spillway At Right Abutment of Heightened Dam

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MANAGING CHANGED CONDITIONS The revised design resulted in moving the toe
of the raised dam further away from Sg. Lembu
DURING CONSTRUCTION Road, mitigating the problem of interference with
The original tender design was based on the the public road during construction.
premise that the ridge must be retained at least
EL 46m so that the original reservoir storage can Revised Layout of Spillway
be retained. As the Penang State Government
The layout plan of the tender design of the spillway
agreed to lower the existing reservoir to EL 34m
was revised. The spillway chute was curved in order
the ridge was cut down to EL 35m. This allowed a
to avoid the filled embankment of raised dam. It
balancing channel to be constructed to connect
was hydraulically not efficient and its construction
the left and right reservoir. This meant a single
more complicated. The revised dam raising design
draw-off works was possible. The draw-off tower at
resulted in more space available at the right
the right valley could be omitted and replaced with
abutment for a straight spillway chute which was
a low level draw-off. Other works such as access
hydraulically more efficient (see Figure 16).
bridge to the draw-off tower, extension of existing
culvert to accommodate heightening of existing
dam could be omitted.
CONTRACTUAL IMPLICATIONS
The modification to the design described
above resulted in saving of over RM50 million RELATED TO DESIGN CHANGE
from omission of permanent works and import The revision of design during the construction
of earthfill materials. Besides saving in cost and stage resulted in contractual claims by the
time, it also resolved the problem of shortage contractor on the basis of changed conditions.
of construction materials, and mitigated the However, the impact on the contract was
risk of construction and potential social and far outweighed by the significant saving in
environmental problems. construction costs and other benefits related to
technical and environmental factors. The option
of do nothing would forego the opportunity to add
CHANGE OF DESIGN value to the project.
Satisfactory execution of this major dam
Revised Design of Dam Heightening project required the consultant and implementing
agency to be able to manage situations without
The tender design for raising the height of causing delay and cost over-run.
the existing dam embankment from crest
level EL45.72m to EL56.6 m was confined to
downstream slope (see Figure 14). A new cut CONCLUDING REMARKS
off system consisted of a clay core at the raised
portion of the dam embankment, a concrete cut- Completing such a major civil engineering project
off wall through the downstream slope of existing in a populated area was not an easy task. The
dam terminating at bed rock and a grout curtain successful completion of the Stage 1 dam
below the concrete wall. expansion project in July 2015 demonstrates that
With the omission of draw-off tower and access through the co-operation and collective effort of
bridge at the upstream slope, it was feasible to the project developer, land owner, consultants and
raise the dam by filling on both upstream and contractors, many challenges involving technical
downstream slopes of the existing dam. The clay problems and contractual issues can be managed
core of the raised dam was inclined and integrated and brought to completion in relatively short period
with the clay core of the existing dam (see Figure of four years. The spirit of partnership along with
15). The revised design educed the extent of the willingness to deliver are the keys to responding
settlement. The chimney filter and internal to changing conditions which are inevitable in large
drainage system of the existing dam was retained. dam projects and water supply infrastructure.

6
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SEA LEVEL RISE IN
MALAYSIA

COVER FEATURE
By Nor Aslinda Awang, Mohd Radzi Abdul Hamid,
E. M. Yahaya, N. & Shaaban, A. J.,
National Hydraulic Research Institute of Malaysia
(NAHRIM)

S
ea level rise (SLR) is attributed to ocean
thermal expansion, melting Greenland
and Antarctic glaciers and decrease in
terrestrial storage (Dasgupta et al, 2007). SLR
can have a high economic impact especially on
low lying areas, such as the destruction of assets
and disruption to economic sectors, loss of human
lives, mental health effects, or loss of plants,
animals, and ecosystems. The severity depends
on their extremes, exposure and vulnerability
(IPCC, 2012; McLean, 2009). SLR may reduce the
size of an island or a state and its infrastructure
such as, airports, roads, and capital cities, which
tend to be situated in coastal areas. Inundation,
erosion, and other coastal hazards; threaten vital
infrastructure, settlements, and facilities; and
thus compromise the socio-economic well-being
of island communities and states (Handmer et al.,
2012). SLR varies spatially hence coastal nations
need to ascertain the likely extent of local impact.
The Malaysian Study on the Impact of Climate
Change on Sea Level Rise (NAHRIM, 2010) was
conducted with the purpose of first assessing the
rates of SLR by analyzing the observed tide gauge
and satellite altimeter data around the Malaysian
coast, then determining the projection of the sea
level rise along the coast.
Due to financial constraints, the SLR Study was
conducted in several phases:-

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Station No. Location Latitude Longitude SLR Rate (mm/year)
1 Pulau Langkawi 06 25' 51'' 99 45' 51'' 1.9
2 Pulau Pinang 05 25' 18'' 100 20' 48'' 2.3
3 Lumut 04 14' 24'' 100 36'48'' 2.1
4 Pelabuhan Klang 03 03' 00'' 101 21' 30'' 1.3
5 Tanjung Keling 02 12' 54'' 102 09' 12'' 1.3
6 Kukup 01 19' 31'' 103 26' 34'' 3.0
7 Johor Bahru 01 27' 42'' 103 47' 30'' 2.3
8 Tanjung Sedili 01 55' 54'' 104 06' 54'' 1.2
9 Pulau Tioman 02 48' 26'' 104 08' 24'' 1.8
10 Tanjung Gelang 03 58' 30'' 103 25' 48'' 2.6
11 Chendering 05 15' 54'' 103 11' 12'' 2.2
12 Geting 06 13' 35'' 102 06' 24'' 1.3
13 Sejingkat 01 34' 58'' 110 25' 20'' -5.8
14 Bintulu 03 15' 44'' 113 03' 50'' 0.2
15 Labuan 05 16' 22'' 115 15' 00'' 0.7
16 Kota Kinabalu 05 59' 00'' 116 04' 00'' 4.4
17 Kudat 06 52' 46'' 116 50' 37'' 3.0
18 Sandakan 05 48' 36'' 118 04' 02'' 4.1
19 Lahad Datu 05 01' 08'' 118 20' 46'' 3.6
20 Tawau 04 14' 00'' 117 53' 00'' 3.5
Table 1: The rates of sea level rise along the coast of Malaysia based on tide gauge observation data
from 1984 -2010 (Source: NAHRIM, 2010)

1. To assess the trend/pattern of sea level rise observations when compared with the tide gauge
along the Malaysian coast using observed observations. Uncertainties in satellite altimeter
data and determine the rate of SLR observations are well described and there was no
2. To project SLR along the coast for the years missing data for these observations. Furthermore,
2020, 2040, 2060, 2080 and 2100; it was possible to correct the errors in the satellite
3. To determine critical areas that will be observations (NAHRIM, 2010).
impacted by the change in hydrodynamic Therefore, this study utilizes the rates
processes caused by SLR, such as obtained from satellite altimeter data derived
inundation, erosion, salt water intrusion from the global mean SLR projection from the
etc., and to determine the impact on results of 49 simulations of seven coupled
the coastal environment and resources. Atmospheric-Oceanic General Circulation Models
Measures can then be proposed to (AOCGM) as the basis for assimilating future SLR
minimize economic loss. projections along the coast of Malaysia (NAHRIM,
2010).
Methodology NAHRIM (2010) noted that the spatial variation
For the above study, recorded tidal gauge data of SLR derived from tidal gauge and satellite
(1984-2010) from 20 JUPEM stations and satellite altimeter data differed from that projected by
altimetry data (1993-2010) from 30 stations the AOGCM. Eventually, the global mean sea
around Malaysia were independently analysed level projections simulated from the AOGCM
using linear regression analysis to obtain the rates were assimilated into the satellite altimeter
of SLR for Malaysia coast. observations along the coastline (NAHRIM, 2010)
The linear trends in SLR along the coast were to obtain the projected sea level rise along the
significantly higher for the satellite altimeter Malaysian coastline.

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Station SLR Rate
Location Latitude Longitude
No. (mm/year)
1 Sempadan Malaysia (Perlis) - Thailand 6 100 6.08
2 Sempadan P.Pinang Perak Border 5 99 6.45
3 Perairan Laut Andaman 1 104 3.87
4 Perairan Selat Melaka 2 105 3.68
5 Selat Johor 3 104 2.88
6 Perairan Mersing 4 104 2.73
7 Pulau Tioman 5 104 2.78
8 Persisiran Pantai Pekan 6 103 3.46
9 Cherating 7 103 3.49
10 Pulau Perhentian, Terengganu 7 102 4.29
11 Sempadan Malaysia (Kelantan) Thailand 7 101 5.20
12 Perairan Tumpat 6 99 5.70
13 Perairan Kelantan 7 99 5.02
14 Perairan Kuching dan Bau 4 113 4.74
15 Perairan Sejingkat (Sibu) 2 110 4.00
16 Perairan Sibu 5 115 5.37
17 Perairan Miri 6 116 5.23
18 Perairan Bintulu 7 117 5.06
19 Perairan Brunei 6 118 5.57
20 Luar Persisir Sabah - Sarawak Brunei 5 119 6.28
21 Luar Persisir Sabah - Sarawak Brunei 4 119 7.00
22 Persisiran Pantai Kota Kinabalu 7 118 5.25
23 Pulau Labuan 6 119 5.64
24 Persisiran Pantai Tuaran - Kota Belud 7 116 5.17
25 Teluk Marudu, Kota Marudu Kudat 6 115 5.27
26 Perairan Pitas 5 114 5.11
27 Perairan Sandakan 5 113 4.84
28 Laut Sulu 4 112 4.51
29 Perairan Lahad Datu 3 111 4.13
30 Perairan Tawau 3 110 3.82

Table 2: The rates of sea level rise along the coast of Malaysia based on satellite altimetry observation
data from 1993-2010 (Source: NAHRIM, 2010)

Table 3: Comparison between the rates of Mean SLR for Malaysian coastline and Global Mean
SLR using tide gauge and satellite altimeter (Source: NAHRIM, 2010)

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Table 4: Projections of SLR for 2100 along the coast of Malaysia (Source: NAHRIM, 2010)

Satellite altimeter
locations

Figure 1: Projected mean sea level rise at the 30 satellite altimeter locations along the coast of
Malaysia for year 2040 (Source: NAHRIM, 2010)

Sea Level Rise Findings/Predictions Assimilating AOGCM output into the satellite
altimetry data, the sea level rise predicted around
Sea level rise can be projected from the linear
Peninsular Malaysia ranged from 0.066 to 0.141
trend analysis of tidal gauge and satellite altimeter
metres in 2040. For the 2100 scenario, the
data. Analysis of tidal gauge data from 1955 to
average sea level rise is predicted to be 0.253
2003 around the Malaysian coast revealed a SLR
to 0.517 metres. The highest SLR is expected to
of 1.6 to 3.6 mm/year depending on location.
occur at the northwest coast and northeast coast.
Satellite altimeter data became available only
Tables 1 and 2 show the rate of SLR along the
from 1993 onwards and the SLR found was from
coast of Malaysia based on JUPEM tide gauge
3 to 9 mm/year.
data (from 1984-2010) and the rate of sea level

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Figure 2: Projected mean sea level rise at the 30 satellite altimeter locations along the coast of
Malaysia for year 2100. Red circles indicate values higher than 0.4 m rise (Source: NAHRIM, 2010

rise based on satellite altimetry data (from 1993- Special Report of Working Groups I and II of the
2010), respectively. Intergovernmental Panel on Climate Change
Table 3 compares the Mean SLR for Malaysian (IPCC). Cambridge University Press, Cambridge,
coastline and Global Mean SLR using tide gauge UK, and New York, NY, USA, pp. 231-290.
and satellite altimeter data while Table 4 shows
the projections of SLR for 2100 along the coast of IPCC, 2012: Managing the Risks of Extreme
Malaysia. Figures 1 and 2 indicate the projected Events and Disasters to Advance Climate Change
mean sea level rise for the Malaysian coast in the Adaptation. A Special Report of Working Groups I
year 2040 and 2100 respectively. and II of the Intergovernmental Panel on Climate
Change [Field, C.B., V. Barros, T.F. Stocker, D. Qin,
REFERENCE D.J. Dokken, K.L. Ebi, M.D. Mastrandrea, K.J.
Dasgupta, S., Laplante, B., Meisner, C., Wheeler, Mach, G.-K. Plattner, S.K. Allen, M. Tignor, and
D. and Jianping, Y. 2007. The impacts of sea P.M. Midgley (eds.)] Cambridge University Press,
level rise on developing countries: a comparative Cambridge, UK, and New York, NY, USA, 582 pp.
analysis. World Bank Policy Research Working
Paper 4136: 51 pp. McLean, R. 2009. Impacts of weather, climate and
sea level-related extremes on coastal systems and
Handmer, J., Y. Honda, Z.W. Kundzewicz, N. Arnell, low-lying islands. IPCC Working Group II Scoping
G. Benito, J. Hatfield, I.F. Mohamed, P. Peduzzi, Meeting: Possible Special Report on "Extreme
S. Wu, B. Sherstyukov, K. Takahashi, and Z. Yan, events and Disasters: Managing the Risks". Oslo,
2012: Changes in impacts of climate extremes: Norway, 23-26 May 2009.
human systems and ecosystems. In: Managing
the Risks of Extreme Events and Disasters to NAHRIM, 2010. The study of the impact of climate
Advance Climate Change Adaptation [Field, C.B., change on sea level rise in Malaysia (Final Report),
V. Barros, T.F. Stocker, D. Qin, D.J. Dokken, K.L. National Hydraulic Research Institute Malaysia:
Ebi, M.D. Mastrandrea, K.J. Mach, G.-K. Plattner, 172pp.
S.K. Allen, M. Tignor, and P.M. Midgley (eds.)]. A

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Towards a Community
Based Approach in
COVER FEATURE

Integrated Water Resources


Management
By Tan Kok Weng,
Faculty of Engineering and Green Technology
Universiti Tunku Abdul Rahman

The idea of integrated approach to water resources management was


promoted a few decades ago and the guiding principles were developed in the
1990s. Many definitions and arguments were given in different perspectives
but the answer for operational Integrated Water Resources Management
(IWRM) is still ambiguous. A more focused approach on operational IWRM
may be needed and directed to address local water problems. This article
provides an overview of IWRM and the challenges at the operational level.

This article further discusses another focus on integrated water resources


management, which recognises community user groups as the main
stakeholders community based natural resources management. This
approach has a similar philosophy to IWRM in promoting stakeholder
participation through power sharing and responsibility between Government
and local communities. However, it needs to take into account the equity
of different groups of users and partnership agreements between the
Government and the community, where the role of community should be
well defined and guaranteed. It should become the operational basis in
adopting community based management within the context of IWRM.

D
ue to population and economic growth, (IWRM) approach to promote sustainable water
pressure on clean water demand is resources development, which moved away
increasing in many countries. It is further from conventional approach. IWRM and water
worsened by the impact of climate change efficiency plans by 2005 were envisaged during
on water resources. Water-related issues the World Summit on Sustainable Development
such as floods and droughts, water quality (WSSD) in Johannesburg in 2002. Moreover,
deterioration, soil degradation and loss of Global Water Partnership (GWP) defined IWRM
productive land have been discussed widely as an approach to coordinate and develop
in many international conferences. Directly, water, land and other related resources in a
global interest has been raised in adopting more effective and sustainable way in order to
an integrated water resources management maximize economic efficiency and social welfare

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without compromising vital ecosystems. Another and its implementation is the main concern of
definition proposed by USAID stated that IWRM policy makers and researchers. The term public
is a participatory planning and implementation participation is widely used to refer to some
process, based on sound science that brings aspects of local populations in the design,
stakeholders together to determine how to meet implementation and evaluation of the project
societys long-term needs for water and coastal and plan (Brown and Wyckoff-Baird, 1992).
resources while maintaining essential ecological Public participation has always been recognised
services and economic benefits (Merrey, 2008). as a practice of stakeholder engagement.
GWP also suggested a set of IWRM key change According to the International Association for
areas packaged as an IWRM toolbox. Torkil Public Participation (IAP2), public participation is
(2004) stated that some developing countries made up of five aspects, which are Information,
have started to implement IWRM by putting its Consultation, Involvement, Collaboration and
components into their national development Empowerment (IPA2, 2007). These aspects have
policies. Uganda and Burkina Faso have gone specific goals in public participation. Effective
through IWRM planning processes resulting public engagement requires suitable platforms
in new national policies, strategies and laws to ensure that the management practices
for the development and management of their are relevant and take into consideration local
water resources. The Integrated Kedah River requirements (Tan and Mokhtar, 2009). Shifting
Basin and the Integrated Selangor River Basin of management power from the Government
in Malaysia are pilot projects in IWRM practices. to community groups must be done through
Community-based management in Northern prescribed power sharing agreements. However,
Thailand is an important model demonstrating effective public participation may require changes
a holistic approach to wetland management to institutional arrangements to accomplish
(Trisurat, 2006). In addition, the Lower Mekong participation goals.
River Basin management is a successful project This is a similar philosophy to community-
in the Southeast Asian region showcasing an based management of natural resources which
integrated approach to water governance. Four promotes stakeholder participation through power
lower Mekong Basin Governments (Thailand, sharing and responsibility between government
Myanmar, Laos and Vietnam) established the and local resource users (McCay & Acheson,
Mekong River Commission (MRC) in 1995, with 1987). Community-based management could
a broad mandate to the equitably sharing of be a platform to foster community participation
resources and sustaining both the environment practice within the IWRM context.
and human welfare among member countries
(Tan and Mokhtar, 2009). Although there are a
number of best practice management cases for
IWRM conducted by many countries, there are
currently no appropriate ways to implement it.
The IWRM concept has been accepted as part of
international or national goals but the question is:
How to integrate different levels of stakeholder
(especially local communities) in water resource
management?
Four IWRM guiding principles were developed
at the International Conference on Water and
the Environment, held in Dublin in 1992. The
second principle was: Water Development and
management should be based on a participatory
approach It became a buzzword in every water
management related conference and the gap
between the theoretical participation framework

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Characteristics of Integrated Water a water agency alone but other parties such as
Resources Management private sectors, NGOs and local communities
have to be involved. In addition, there are
Beginning in the 1990s, the importance and
interconnections with other development issues
common safeguarding vision of water resources
and with social issues such as poverty alleviation
has been recognised globally. A series of
and regional income redistribution (Biswas, 2004).
international conferences in water and the
The cross sectoral integration of water resources
environment took place, which emphasised water
planning and development was suggested by GWP
sector problems and a number of approaches
(2004) and all of these have involved different
to overcome the identified issues. The concept
levels of stakeholders. Government is recognised
of IWRM was formally established in these first
as the facilitator to coordinate the interconnection
three events; the Global Consultation on Safe
between stakeholders. However, this must
Water and Sanitation for the 1990s in New Delhi,
be supported by an enabling environment to
1990; the International Conference on Water
coordinate Government, private sectors, NGOs
and the Environment in Dublin, Ireland, 1992;
and local communities in adopting IWRM. GWP
and the United Nations Conference Environment
(2003) further stated that it requires a significant
and Development in Rio de Janeiro, 1992. Table
change in existing interaction between politics,
1 depicts the international events in promoting
laws, regulations and institutions. Politicians
sustainable development of water resources. The
are in an influential position to trigger water
fundamental principles for the concept of IWRM
governance reformation (e.g. laws and institutions)
were set out at the International Conference
but lack of awareness and knowledge on the
on Water and the Environment held in Dublin in
stakeholder sides may impede effective water
1992. The Dublin principles were an attempt to
governance reformation. Low (2009) stated that
concisely state the main issues and thrust of water
one of the critical factors found hampering the
management. The four principles are elaborated
implementation of IWRM in Malaysia was the
in Table 2. The concept of IWRM contrasts with
inadequacy and under provisions of educational
fragmented water resources management.
and training programmes. Likewise, water
Thus, the integration can be considered in two
managers can only embed the IWRM process in
categories which are natural systems and human
the country when supported by other stakeholders
systems as shown in Table 3.
such as private sectors, NGOs and local
In recent years, it has become increasingly
communities. Thus, the capacity of Government
evident that the water resources issues of a
policy makers is important in making effective
country can no longer be addressed by single
changes in water governance. Capacity building

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Table 1
Summary of International Events in promoting Sustainable Development of Water Resources

International events Details


1. Global Consultation on Protection of the environment and safeguarding of health through the
Safe Water and Sanitation integrated management of water resources and liquid and solid wastes.
for the 1990s in New Institutional reforms promoting an integrated approach, including
Delhi 1990; changes in procedures, attitudes and behaviour, and the full
participation of women at all levels in sector institutions.
Community management of services, backed by measures to
strengthen local institutions in implementing and sustaining water
and sanitation programmes.
Sound financial practices, achieved through better management of
existing assets, and widespread use of appropriate technologies.
2. The International Four IWRM Guiding Principles were formulated:
Conference on Water Freshwater is a finite and vulnerable resource.
and the Environment in Water development and management should be based on a
Dublin, Ireland, 1992 participatory approach.
Women play a central part in the provision, management and
safeguarding of water.
Water has an economic value in all its competing uses and should be
recognised as an economic good.
3. United Nations Agenda 21 Chapter 18 Protection of the Quality and Supply of Freshwater
Conference Environment Resources: Application of Integrated Approaches to the Development,
and Development in Rio Management and Use of Water Resources. The following programme areas
de Janeiro, 1992 have been proposed for the freshwater sector:
Integrated water resources development and management;
Water resources assessment;
Protection of water resources, water quality and aquatic ecosystems;
Drinking-water supply and sanitation;
Water and sustainable urban development;
Water for sustainable food production and rural development;
Impact of climate change on water resources.
4. Millennium GOAL 7 ensures environmental sustainability:
Development Goals, 2002 Integrate the principles of sustainable development into country
policies and programmes and reverse the loss of environmental
resources.
Halve, by 2015, the proportion of the population without sustainable
access to safe drinking water and basic sanitation.
5. World Summit on Johannesburg Plan of Implementation has been formulated to
Sustainable Development promote the integration of the three components of sustainable
(WSSD) , Johannesburg, development (i) economic development, (ii) social development
South Africa, 2002 and (iii) environmental protection as interdependent and mutually
reinforcing pillars.
A major step for calling all countries to develop integrated water
resources management and water efficiency plan by 2005, with
support to developing countries.
6. Global Sustainable Goal 6: Clean water and sanitation:
Development, 2015 Universal access to clean water and sanitation is one of 17 Global
Goals that make up the 2030 Agenda for Sustainable Development. An
integrated approach is crucial for progress across the multiple goals.

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Table 2
Integrated Water Resources Management Guiding Principles

IWRM Guiding Principles Details


1. Freshwater is a finite and vulnerable Water is a fixed quantity in the hydrological cycle that is
resource. required for different purposes, function and services;
therefore, should involve recognition on all the characteristics
of hydrological cycle, upstream and downstream, and the
interaction with other natural resources.

2. Water development and All stakeholders are part of the decision making process.
management should be based on a Participation is more than consultation to achieve the long-
participatory approach. lasting consensus and common agreement by stakeholders.

3. Women play a central part in Women play important role in water resources safeguarding.
the provision, management and The gender awareness should be promoted among decision
safeguarding of water. makers.

4. Water has an economic value in all In order to extract the maximum benefits from water
its competing uses and should be resources, there is a need to change perceptions about
recognised as an economic good water values and to recognise the opportunity costs
involved in current allocated patterns. Effective water
demand management can be achieved through economic
instruments.

(Sources: GWP, 2004; GWP, 2003)

Table 3
Summary of Natural System and Human System Integration
Category Detail
Natural System Integration Critical importance for resource availability and quality such as:
Integration of freshwater and coastal zone management;
Integration of land and water management;
Integration of green water and blue water;
Integration of surface water and groundwater management;
Integration of quantity and quality in water resources
management; and
Integration of upstream and downstream water related
interests.
Human System Integration Fundamentally determines the resource use, waste production and
pollution of the resources and which must also set the development
priorities, including:
Mainstreaming of water resources;
Cross-sectoral integration in national and local policy
development;
Macroeconomic effects of water development;
Integration of stakeholders in the planning and decision making;
and
Integration of water and wastewater management.

(Source: GWP, 2003)

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at both the institution and human resource levels tool to alleviate community poverty. The provision
cannot be excluded if IWRM is to be effective and of water is generally utilised in developing
sustainable. countries to maximise the benefits of economic
The IWRM approach seeks to address and social welfare. Historically, economic growth
complicated problems, namely sustainable has transformed natural resources assets into
water resources development and cross-sectoral different forms of capital. The fourth Dublin IWRM
planning (Jeffrey & Gearey, 2006). It will be more principle is as .recognise water as economic
challenging when dealing with the uncertainty good (GWP, 2003). Maintaining ecosystems
of water-related issues such as climate change. services are recognised as crucial for sustainable
Such uncertainty is an unwelcome factor, where development that can support economic and
bad decisions can lead to more serious impact social development (Lafferty, 2002; OECD
(Jeffrey, 2006). Solving the uncertainty in 2001:9). Water resources can be the essential
resources problems requires scientific research element in maintaining national economic
to identify solutions. Policy makers must able to growth whether it is in supporting or provisioning
direct the policy and management alternatives in position. It should have an economic value that
order to overcome the uncertainty of water issues individuals are able to pay for in order to obtain
with support from research institutions. Greater services. If water is viewed as free resource,
emphasis on adaptive management defined as whether it is an upstream or downstream source,
an integrated and multidisciplinary approach to it is seldom in the short term interest of users
address the uncertainty of natural resources, to voluntarily limit their consumption (Jeffery,
is currently being promoted (Walters, 1986; 2006). Appropriate cost pricing system needs to
Medema and Jeffrey 2005). Reliable decision be considered in any IWRM system to gain the
can only be made based on the solution derived benefit from water resources. In assessing the
from series of scientific procedures (Holling, value of water resources, decision makers have to
1978; Walters, 1986; McDaniels and Gregory, estimate how much individuals (or communities)
2004). Medema and Jeffrey (2005) stated that are willing to pay if water resources services were
an adaptive management approach could be better managed or quality improved. Likewise,
applied to create a continuous integrated water how human wellbeing would be affected if water
resource management cycle and address a wider resources services were lost or changed. Thus,
set of options in line with different local context policy makers need to identify and apply proper
and situations. For example, water policy must be economic valuation methods or tools to water
able to respond to the needs and demands of a resource services so that the value of limited water
growing population and economy, in which new resources are properly set without compromising
uncertainties will be more apparent in the future. social welfare.
Conventionally, economic development Water is a dynamic resource. Water resources
is separated from water development and development and management needs to adopt
management. Nevertheless, population growth a river basin or watershed focus. Planning and
and economic pressures have increased the development must not neglect the understanding
demand on water resources. Policy makers of the characteristics of the river basin both
have started to integrate the sustainable water from the natural and human system aspects
management in national development as part of (Tan, 2007; Tan and Mokhtar, 2009). Water
the three pillars of environmental sustainability, resources planning and management involves
social equity, and economic efficiency. Likewise, some activities that are related to other states.
the overlapping of these pillars cannot be avoided Conventional water resources management
in an IWRM system. Thus, it is critical to understand systems have taken political boundaries as
how each of these pillars may be integrated. management guidelines. Past water management
Water resources management does not just focus systems that separated a river basin into different
on the sustainability of water resources but also administration bodies failed to manage the basin
the provision of water resources for economic in sustainable way. Examples are flood control,
development. Water resources can be used as a stream flow modification by dams, barrages or

25
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channelization; inter-basin raw water transfers Characteristics of IWRM
(Barrow, 1998) which depend on different sectors
and users. Likewise, river basin management The IWRM process needs to integrate the
involves controlling pollutant flow, water utilisation, different roles of stakeholders in the different
and land use. All of these must be coordinated stages of a water resources management
within a river basin both on the upstream and system. Central Government plays the role
downstream side by considering the entire basin of policy development and planning, and
ecosystem as a whole unit as well as accounting communities have to cooperate with the
for the impact of socio-economic interventions. Government in water resources development
and utilisation.
Towards Community Based Water Implementation of an IWRM system must be
Resources Management supported by sufficient training to enhance
the capacity of officials and communities to
In many cases, IWRM in developed countries is participate in water resources planning and
often motivated by local water-related issues development activities
within the catchment area. Sometimes, it is IWRM is related to adaptive management
not recognised or termed as IWRM (Jeffery framework and economic tools of resources
and Gearey, 2006). For example, the northern valuation.
part of Thailand is a very good example where Recognition of a river basin as a whole unit
community based on wetlands management in an adaptive management system.
has been introduced by the Thai Government to
safeguard the vulnerable wetlands ecosystem
decision making in the hands of interested groups,
in order to maximise the local social-economic
who are well informed and able to make decisions.
(Trisurat, 2006). In fact, community based
In order to manifest long term decentralisation
natural resources management has a similar
practices, local communities need to be granted
philosophy to IWRM in promoting stakeholder
power legally in decision making to safeguard
participation through power sharing management
and control water resource utilisation. However,
and responsibility between Government and
local communities are not able to address any
local communities. For example Kakadu
complicated resource issues alone. Thus, they
National Park, the World Heritage-listed park in
can only be implemented through creating
Australia remains well protected by a board of
partnerships among Government agencies, NGOs
management, which has an Aboriginal majority
and local communities. The meaning of partnership
representing the traditional owners. This
is viewed as authority power and responsibility,
arrangement showcases to the world how 'joint
information and knowledge sharing (Government
management' can combine ancient cultures and
and local groups) for the management of specific
modern practices. It shows a paradigm shift from
areas or natural resources. Local communities
Governmental based management to community
are always recognised as guardians of their
based management. Resources management
surrounding environment due to their knowledge
is more effective when local stakeholders have
and skills. Raising local participation can enhance
shared rights in making decisions on benefits
the efficiency and perhaps the social equity of
and resources uses (Castro and Nielsen, 2001).
water resources management. The necessary
Local participation is related to the need for
capacity building programmes, including
decentralisation in lower levels of water resources
adequate information for local groups must be
planning and development. In this article, we
provided where they do not have the confidence to
argued that the format of decentralisation is not
participate in the discussion and decision making
only transferring power from single Government
process. Finally, efficient decisions can only
department to other departments or agencies
be made based on knowledge and data shared
but also shifting administrative power to different
among the stakeholders as well as through long
local stakeholders such as local authorities
term partnership (Rusnak, 1997; Shelder and
and communities. The innovative idea for the
Bernardo, 2005).
decentralisation of Government functions is to put

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Community based management is most management process for natural resources, in
likely to solve uncertainty issues of natural which an integrated approach is developed both
resources. Carlsson and Berkes (2005) argued horizontally and vertically.
that community based management has potential Although there are different emphasis,
to become a governance system consisting of conceptualization of IWRM and community based
networks among different levels of stakeholders management have some common underpinnings.
and directs attention to the process of problem- For better visualisation, the similar characteristics
solving. On the other hand, the adaptive listed below are shown in Figure 1.
management approach has also been suggested Participatory approach and recognise
to address the complexity and uncertainty problem different roles of stakeholder management
(Fennell et al., 2008). Armitagea et al. (2008) system.
stated that the strength of adaptive community Adaptive governance and management
based management is that it links groups and is applied to deal with uncertainty and
fosters knowledge synthesis across vertical dynamic issue.
(local, regional, national) and horizontal (local Stakeholders capacity built-up to
organisation to local organisation) scales. Local strengthen an efficient and confident
communities have different site knowledge, local decision making.
experience and approaches towards resources Economic valuation of natural resources.
management to address the complexities
and challenges of water resources conditions Conclusion
as well as uncertainty (Snelder and Persoon,
In looking beyond the conventional concept of
2005). Learning by doing, experimentation, and
IWRM, effective operational IWRM always requires
collaboration among stakeholders is an important
the understanding of local conditions and its human
outcome of the adaptive and collaborative
needs (demand and cultural). Policy makers need
Figure 1
Characteristics of IWRM and community based natural resources management approach

Integrated water
resources management

Water resources Recognise and apply Adaptive water Capacity built-up


management should be reliable economic governance
applied at river basin instruments

Recognise different roles


of stakeholders in water
resources management

Partnership; power and Economic valuation Adaptive Social capital


responsible sharing management building

Community natural
resources based
management

27
INGENIEUR
Fennell, D., Plummerb, R. and Marschke,
M. (2008) Is adaptive co-management ethical?
Environmental Management.Vol.88, pp.6275.
Global Water Partnership (GWP) (2003)
Integrated Water Resources Management. TAC
Background Paper No. 7. Technical Advisory
Committee (TAC), Stockholm, Sweden. Stockholm.
Global Water Partnership (GWP) (2004)
Catalyzing Change: A handbook for developing
integrated water resources management (IWRM)
and water efficiency strategies. Technical Advisory
Committee (TAC), Stockholm, Sweden.
Holling, C.S.(1978) Adaptive Environmental
Assessment and Management. John Wiley and
Sons, Chichester, England..
to identify the local water issues and interest from International A s sociation for Public
all the different types of stakeholders before they Participation (IAP2). IAP2 Spectrum of Public
can be implemented effectively. Community based Participation.[http://www.iap2.org] .2007.
management was suggested as an operational Jeffery J.. Governance for a sustainable future.
model of IWRM because it purports to address the Public Health. 2006;120:604608.
integration of stakeholders. However, policy makers Jeffrey, P. and Gearey, M. (2006) Integrated
are required to take note of the equity of different water resources management: Lost on the road
user groups and any partnership agreements from ambition to realisation? Water Science &
between Government and communities, where the Technology. Vol. 53, No.1, pp.1-8.
role of the community should be well defined and Lafferty, W.M. (2002) Adapting Government
guaranteed. Practice to the Goals of Sustainable Development.
University Of Oslo.
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Armitagea, D., Marschkeb, M. and Plummer, R. Malaysia. MyWP Newsletter (May2009). Malaysian
(2008) Adaptive co-management and the paradox Water Partnership (MyWP).
of learning. Global Environmental Change. Vol.18, McCay, B. J. and Acheson, J. M. (1987) The
pp.8698. question of the commons: the culture and ecology
Barrow, C. J. (1998) River Basin Development of communal resources. University of Arizona
Planning and Management: A Critical Review. Press, Tucson, USA, pp. 1-439.
World Development. Vil. 26, No.1, pp.171-186. McDaniels, T.L. and Gregory, R. (2004)
Biswas, A. K. (2004) Integrated Water Learning as an objective within a structured risk
Resources Management: A Reassessment. Water management decision process. Environmental
International .Vol. 29, No.2, pp.248-256. Science & Technology. Vol. 38, No.7, pp.1921-
Brown, M. and Wyckoff-Baird, B. (1992) 1926.
Designing integrated conser vation and Medema, W. and Jeffrey, P. (2005). IWRM
development projects. Biodiversity Support and Adaptive Management: Synergy or Conflict?
Program, Washington DC. Newater. European Commission.
Carlsson, L. and Berkes, F. (2005) Co- Merrey, D.J. (2008) Is normative integrated
management: concepts and methodological water resources management implementable?
implications. Environmental Management .Vol. 75, Charting a practical course with lessons from
pp.65-76. Southern Africa. Physics and Chemistry of the
Castro, A. P. and Nielsen, E. (2001) Indigenous Earth. Vol.33, No. 8-13, pp.899-905.
people and co-management: Implications for Organisation for Economic Co-Operation and
conflict management. Environmental Science and Development (OECD) (2001) Policies to Enhance
Policy.Vol.4, pp.229-239. Sustainable Development Meeting of The OECD

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Council at Ministerial Level. [online] Available at: Tan, K.W. (2007) The Status of Water
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pdf . within the Context of Integrated Water Resources
Rusnak, G. (1997) Co-Management of Natural Management. MSc thesis. Universiti Kebangsaan
Resources in Canada: A Review of Concepts and Malaysia, Bangi, Malaysia.
Case Studies. Rural Poverty and Environment Tan, K.W. and Mokhtar, M.B. (2009) An
Working Paper Series 1. [Online] Available at: Appropriate Institutional Framework Towards
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html. Pahang River Basin, Malaysia. European J.
Snelder, D.J. and Bernardo, E. C. (2005) Co- Scientific Research.Vol.27, No. 4, pp.536-547.
management in Practice: the Challenges and Torkil, Jnch-Clausen (2004) Integrated
Complexities of Implementation in the Northern Water Resources Management (IWRM) and Water
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Manila University Press. Global Water Partnership, Stockholm, Sweden.
Snelder, D. and Persoon, G. (2005) Co- Trisurat, Y. (2006) Community-based Wetland
management of natural resources: Introduction. Management in Northern Thailand. International
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Complexities of Implementation in the northern Walters, C. (1986) Adaptive Management of
Sierra Madre Mountain Region. Ateneo De Manila Renewable Resources. McGraw Hill, New York.
Unversity Press.

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29
INGENIEUR
INTERNATIONAL BUSINESS

ASEAN Economic
Community Blueprint 2025
By Lim Tau Wee

I
t was a historic moment for Malaysia when she Small and Medium Enterprises (SMEs) will
took the ASEAN chair in 2015; the year the remain as one of the key stakeholders in ASEAN
ASEAN Economic Community Blueprint 2025 integration and in support of its role, the ministers
was adopted by the ASEAN Leaders at the 27th recognised the continuing efforts to improve
ASEAN Summit on November 22, 2015 in Kuala SMEs access to information, markets, finance
Lumpur, Malaysia. The Blueprint provides broad and human capital development.
directions through strategic measures for the The AEC Blueprint 2025 consists of five inter-
AEC from 2016 to 2025. Along with the ASEAN related and mutually reinforcing characteristics,
Community Vision 2025, and the ASEAN Political- namely:
Security Community (APSC) Blueprint 2025 and 1. A Highly Integrated and Cohesive Economy;
the ASEAN Socio-Cultural Community (ASCC) 2. A Competitive, Innovative, and Dynamic
Blueprint 2025, the AEC Blueprint 2025 forms ASEAN;
part ofASEAN 2025: Forging Ahead Together. It 3. Enhanced Connectivity and Sectoral Co-
succeeded the AEC Blueprint 2008 -2015 which operation;
was adopted in 2007. 4. A Resilient, Inclusive, People-Oriented, and
Under AEC 2015, ASEAN has made good People-Centred ASEAN; and
progress in putting in place key frameworks and 5. A Global ASEAN.
other fundamentals that are imperative for the The AEC Blueprint 2025 sets out the
effective functioning of the economic community. strategic measures under each of the five
The 47th ASEAN Ministerial Meeting acknowledged characteristics of AEC 2025. To operationalize
that 91.5% or 463 out of the 506 prioritised the Blueprint, these strategic measures will
measures under the AEC Blueprint have been be further elaborated in and implemented
implemented. ASEAN has become a huge market of through the work plans of various sectoral
US$2.6 trillion and over 622 million people. In 2014, bodies in ASEAN. The sectoral work plans will
AEC was collectively the third largest economy in be reviewed and updated periodically to ensure
Asia and the seventh largest in the world. their relevance and effectiveness. Partnership
arrangements with the private sector, industry
ASEAN 2025 associations and the wider community at the
regional and national levels will also be actively
The ASEAN Ministers, at the conclusion of their
sought and fostered to ensure an inclusive and
meeting, announced that:
participatory approach to the integration process.
By 2025, the AEC is envisioned to be
Institutions will be strengthened, enhanced
highly integrated and cohesive; competitive,
approaches to monitoring and public outreach
innovative and dynamic, with enhanced
will also be developed to support the effective
economic connectivity as well as integration
implementation of the Blueprint.
and co-operation across sectors, while
The AEC Blueprint 2025 will lead towards an
fostering a more resilient, inclusive, and
ASEAN that is more proactive, putting in place
people-oriented, people-centred community
structures and frameworks to operate as an
that is integrated into the global economy .

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economic community, cultivating its collective chains (GVCs) into higher technology and
identity and strength to engage with the world, knowledge-intensive manufacturing and
responding to new developments, and seizing services industries;
new opportunities. The new Blueprint will not only (iv) Promote the principles of good governance,
ensure that the 10 ASEAN Member States are transparency, and responsive regulatory
economically integrated, but are also sustainably regimes through active engagement with
and gainfully integrated in the global economy, the private sector, community-based
thus contributing to the goal of shared prosperity. organisations, and other stakeholders of
The AEC 2025 is envisioned to: ASEAN;
(i) Create a deeply integrated and highly (v) W i d en A SE AN p e o p le - to - p e o p le,
cohesive ASEAN economy that would in s t i tu t io n al, and infr a s t r u c ture
support sustained high economic growth connectivity through ASEAN and sub-
and resilience even in the face of global regional cooperation projects that
economic shocks and volatilities; facilitate movement of capital as well as
(ii) Engender a more equitable and inclusive skilled labour and talents;
economic growth in ASEAN that narrows (vi) Create a more dynamic and resilient
the development gap, eliminates, if not ASEAN, capable of responding and
significantly reduces poverty, sustains adjusting to emerging challenges through
high growth rates of per capita income, robust national and regional mechanisms
and maintains a rising middle class; that address food and energy security
(iii) Foster robust productivity growth through issues, natural disasters, economic
innovation, technology and human shocks, and other emerging trade-related
resource development, and intensified issues as well as global mega trends;
regional research and development that (vii) Incorporate a sustainable growth agenda
is designed for commercial application that promotes a science-based use of, and
to increase ASEANs competitive edge support for, green technology and energy;
in moving the region up global value (viii) Promote the use of the ASEAN Protocol on

31
INGENIEUR

ASEAN
Economic Community
at a Glance

ASEAN Economy ASEAN FDI


A Highly Competitive Economic Region A World Class Investment Destination

With a combined GDP of US$2.6 trillion in 2014, ASEAN attracted


ASEAN economy was
US$136 billion
the
7th largest in the world and in FDI in 2014, accounting for 11% of global

3rd largest in Asia


the FDI inflows, up from only 5% in 2007

ASEAN Population ASEAN Connectivity


A Region Fully Integrated Community A More Connected Community

In 2014, ASEAN was Annual tourist arrivals were up from 62 million in

3rd largest
the market in the world 2007 to 105 million in 2014, almost half of which
with 622 million people were intra-ASEAN
behind only China and India
The rate of Internet subscription more than doubled
from 11.8 per 100 inhabitants in 2007 to 28.6 in 2014

ASEAN Trade
A More Integrated Market

Total trade increased by nearly

US$1 trillion
between 2007 and 2014, with intra-ASEAN trade
comprising the largest share of ASEAN's total
trade by partner.

one vision
one identity
one community

Enhanced Dispute Settlement Mechanism enhance recognition and the ASEAN Agreement
(EDSM) and develop other approaches to on Movement of Natural Persons (MNPs). These
speed up economic dispute resolution; arrangements aim to facilitate the temporary
(ix) Reinforce ASEAN centrality in the cross-border movement of natural persons and
emerging regional economic architecture business visitors engaged in the conduct of trade
by maintaining ASEANs role as the centre in goods, trade in services, and investment.
and facilitator of economic integration in Strategic measures include the following:
the East Asian region; and (i) Expand and deepen commitments under
(x) Work towards a common position and the ASEAN Agreement on MNPs where
enhance ASEANs role and voice in global appropriate; and
economic fora. (ii) Reduce, if not standardise, documentation
requirements.
Facilitating Movement of Skilled Labour If necessary, ASEAN will consider further
and Business Visitors improvements to existing MRAs and consider the
feasibility of additional new MRAs to facilitate the
The objective of facilitating the movement of skilled
mobility of professionals and skilled labour in the
labour in ASEAN began with Mutual Recognition
region.
Arrangements (MRAs) that allow practitioners
in eight professions to practice in other ASEAN
Enhancing Participation in Global Value
Member States through mutual recognition
Chains
of their qualifications and, where appropriate,
through the implementation of the ASEAN The broader objective of becoming a highly
Qualifications Reference Framework (AQRF), for integrated and cohesive economy is to enhance
which referencing by the ASEAN Member States the regions participation in GVCs. The benefits
is voluntary, to support lifelong learning and entailed from deep regional integration include

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better realisation of economies of scale, collective Strategic measures include the following:
efficiency and the organic formation of regional (i) Foster policies supportive of renewable
innovation systems. energ y and set collective targets
Regional value chains are not mutually accordingly;
exclusive from GVCs. However, the development (ii) Develop a framework to support the
and strengthening of regional value chains, as deployment and utilization of efficient
facilitated by the formation of a highly integrated and low carbon technologies, and call for
and cohesive economy, is a key way to enhance international support to ensure ASEAN
ASEANs GVC participation but is not an access to mechanisms that foster low
alternative. carbon technologies more affordably;
For newer ASEAN Member States, participation (iii) Promote the use of biofuels for
in regional value chains can also act as a stepping transportation. This includes ensuring
stone to their integration into GVCs. For more free trade in biofuels within the region and
developed ASEAN Member States, becoming investment in R&D on third-generation
leaders in regional value chains is a stepping biofuels;
stone towards leading at the global level. (iv) Enhance connectivity within ASEAN,
The other elements in Characteristics 1 and including through multilateral electricity
2 could contribute to enhancing ASEAN Member trade under the framework of the ASEAN
States GVC participation either through the Power Grid (APG) and greater liquefied
removal of formal restrictions (market access natural gas (LNG) co-operation under the
and discriminatory measures) or better trade Trans-ASEAN Gas Pipeline (TAGP);
facilitation and regulatory coherence. A more (v) Identif y infrastructure investment
strategic approach to GVCs can also be pursued requirements to increase production and
through specific initiatives such as: reduce post-production losses to meet
(i) Regional branding, road shows and other projected future demand and ensure
joint marketing strategies; food security, review existing investment
(ii) Trade facilitation initiatives focusing on programmes and address investment
both imports and exports; needs in the food and agricultural sectors;
(iii) Harmonisation with international (vi) D e v e l o p n e w a n d a p p r o p r i a t e
standards and support capacity building technologies, best practices and
for standards compliance; management systems to ensure food
(iv) Better information sharing; and safety and address health/disease and
(v) Greater focus on connectivity, lessening environmental issues, particularly in the
the trade restrictive effect and cost of fast growing aquaculture, livestock and
non-tariff measures (NTMs), and domestic horticulture sub-sectors;
regulatory reform. (vii) Promote good agriculture practices to
minimise the negative effects on natural
Sustainable Economic Development resources such as soil, forest and water,
and reduce the greenhouse gas emission;
ASEAN recognises the importance of sustainable
and
economic development as an integral part of
(viii) Promote forest management involving the
the regions growth strategy. Protection of the
community living within and surrounding
environment and natural resources supports
the forest for the sustainability of the
economic growth and vice versa. ASEAN will
forest and prosperity of the people.
actively promote green development by developing
a sustainable growth agenda that promotes the
Global Megatrends and Emerging Trade-
use of clean energy and related technologies,
Related Issues
including renewable energy through green
technology, as well as enhances sustainable To sustain and enhance the regions economic
consumption and production and including it in dynamism, and be a progressive region with a high
national development plans. quality of life, the AEC Blueprint 2025 will include

33
INGENIEUR
the formulation of appropriate strategies on global transport to strengthen ASEANs competitiveness
megatrends and emerging trade-related issues. and foster regional inclusive growth and
ASEAN will need to engender and maintain an development.
industrial relations environment that facilitates, It is envisaged that ASEAN transport co-
as smoothly as possible, investing in workers and operation will have to remain focused in the areas
firms as learning centres for industrial upgrading, of land transport, air transport, maritime transport
and managing labour adjustments in integrating and transport facilitation, and to embrace
ASEAN. This may involve deepening the social sustainable transport as a new key sectoral focus
dialogue process of shared responsibility and as it has a vital role to play in the sustainable
enhanced synergy among firms, workers and the development of the ASEAN region.
government to ensure greater competitiveness, Strategic measures include:
dynamism and inclusiveness of ASEAN Member Land transport: Establish an efficient, safe
States. and integrated regional land transport network
ASEAN can further maximise the benefits within ASEAN and with the neighbouring countries
of regional integration and co-operation by to support the development of trade and tourism,
capitalising on global mega trends, such as the through the following key measures:
expanding inter-connected global cross-border (a) Achieve land transport infrastructure (road
flows and accelerating technology and digital and railway) integration and inter-modal
advancements that are increasingly defining inter-connectivity, with principal airports,
international production, trade, services and ports, and inland waterway and ferry links;
investment. To enable ASEAN to seize the and
opportunities associated with these mega trends, (b) Promote concerted and co-ordinated
all sectoral working groups will need to proactively efforts at policy and operation levels
consider the impact of these trends and integrate to develop ASEAN land transport trade
them into their future work programmes. corridors.
Consultations with relevant stakeholders in such Air transport: Strengthen the ASEAN Single
undertakings will be imperative as they are often Aviation Market (ASAM) for a more competitive
at the forefront of these trends. and resilient ASEAN, through the following key
measures:
Enhanced Connectivity and Sectoral Co- (a) Advance safer and more secure skies in
operation ASEAN;
(b) Enhance air traffic management efficiency
The main objectives of this characteristic are to
and capacity through a seamless ASEAN
enhance economic connectivity in the transport,
sky; and
telecommunication and energy sectors, in line
(c) Foster greater connectivity, including the
with and in support of the vision and goals of the
conclusion of aviation agreements with
Master Plan on ASEAN Connectivity (MPAC) and
Dialogue Partners.
its successor document, as well as to further
Maritime transport: Establish an ASEAN
integrate and co-operate in key sectors that
Single Shipping Market (ASSM) and promote
complement existing efforts towards creating
maritime safety, security and strategic economic
an integrated and sustainable economic region,
corridors within ASEAN, through the following key
with the aim to maximize their contribution in
measures:
improving the overall competitiveness of ASEAN
(a) Continue to streng then maritime
and strengthening soft and hard networks in the
connectivity within ASEAN through the
region.
establishment of ASSM regional maritime
transport co-operation and effective
Transport
implementation of the International
The AEC 2025 vision for transport co-operation Maritime Organization (IMO) conventions
will be towards greater connectivity, efficiency, towards realising an integrated, efficient
integration, safety and sustainability of ASEAN and competitive maritime transport

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sector, including fostering a culture of Sustainable transport: To formulate a regional
maritime safety within ASEAN; and policy framework to support sustainable transport
(b) Develop strategic maritime logistic that includes low carbon modes of transport,
corridors. energy efficiency and user-friendly transport
Transport facilitation: Establish an integrated, initiatives, integration of transport, and land-use
efficient and globally competitive logistics and planning.
multimodal transportation system, for seamless The above measures will prove that by
movement of passengers by road vehicles and expanding economic opportunities and services,
cargos within and beyond ASEAN, through the and providing people with access and mobility,
following key measures: transport contributes to inclusive growth of new
(a) Operationalise the ASEAN Framework business opportunities, including micro and small
Agreement on the Facilitation of Goods in enterprises (MSMEs), and is a key enabler for the
Transit (AFAFGIT), the ASEAN Framework attainment of full potential of regional economic
Agreement on the Facilitation of Inter- integration.
State Transport (AFAFIST), and the ASEAN
Framework Agreement on Multimodal E-Commerce
Transport (AFAMT);
Global electronic commerce (e-Commerce) has
(b) Operationalise the ASEAN Framework
become an increasingly vital element of the
Agreement on Facilitation of Cross-Border
global economy as part of a retailers multi-
Transport Passengers by Road Vehicles
channel strategy. In a globalised world inter-
(CBTP); and
connected through ICT, e-Commerce plays a
(c) Enhance capacity and skills development
key role not only in cross-border trade, but also
to further progress regional transport
in facilitating foreign investment through the
facilitation co-operation as well as
supply of intermediary services. E-Commerce
transport facilitation beyond ASEAN.
has significantly lowered barriers to entry and

35
INGENIEUR
operating costs for businesses, and is particularly Renewable Energy (RE): Increase the
beneficial for MSMEs. component of RE to a mutually agreed percentage
In view of these potential contributions of number in the ASEAN Energy Mix (Total Primary
e-Commerce to support regional economic Energy Supply) by 2020;
integration in ASEAN, ASEAN shall intensify Regional Policy and Planning: Better profile
cooperation on e-Commerce building upon Article the ASEAN energy sector internationally through
5 of e-ASEAN Framework Agreement adopted by an annual publication on ASEAN Energy Co-
ASEAN Leaders in November 2000, with a view to operation; and
develop an ASEAN Agreement on e-Commerce to Civilian Nuclear Energy: Build capabilities
facilitate cross-border e-Commerce transactions on nuclear energy, including nuclear regulatory
in ASEAN. These could include, but are not limited systems, amongst officials in ASEAN Member
to, strategic measures such as putting in place the States.
following:
(i) Harmonised consumer rights and Strengthening the Role of Micro, Small, and
protection laws; Medium Enterprises
(ii) Harmonised legal framework for online
MSMEs are the backbone of the ASEAN
dispute resolution, taking into account
economies. However, globalisation, advances
available international standards;
in technologies and communications, trade
(iii) Inter-operable, mutually recognised,
liberalisation and the evolution of the production
secure, reliable and user friendly
processes pose challenges which need to be
e -identification and authorisation
better addressed as ASEAN continues to deepen
(electronic signature) schemes; and
its economic integration. Work has to be focused
(iv) Coherent and comprehensive framework
mainly on enhancing networking, information flows
for personal data protection.
and capacity building for Government agencies
working on issues and capabilities building in
Energy
the following dimensions: access to finance,
With a strategic theme Enhancing energy technology and innovation, markets, human
connectivity and market integration in ASEAN resource development and enabling policy and
to achieve energ y security, accessibility, regulatory environment.
affordability and sustainability for all, the ASEAN A more structured and targeted MSME
Plan of Action for Energy Co-operation (APAEC) programme will be instituted to enhance MSME
2016-2025 will be implemented in two phases, competitiveness, resilience and to enable greater
namely, Phase I from 2016-2020 and Phase II benefits from ASEAN integration. Initiatives
from 2021-2025. Strategic measures include the towards an improved conducive policy environment
following: for MSMEs and enhanced market-related
ASEAN Power Grid (APG): Initiate multilateral measures are required to support these objectives,
electricity trade in at least one sub-region in and to drive MSME productivity and innovation as
ASEAN by 2018; well as inclusive and equitable development, and
Trans-ASEAN Gas Pipeline (TAGP): Enhance gender opportunities for micro enterprises and
connectivity within ASEAN for energy security SMEs. In meeting these aspirations for a globally
and accessibility via pipelines and re-gasification competitive and innovative MSME sector that is
terminals; seamlessly integrated into the ASEAN community
Coal and Clean Coal Technology: Enhance and contributes to inclusive development, the
the image of coal in ASEAN through promotion of following strategic measures will have to be
clean coal technologies (CCT) as well as increase implemented:
the number of CCT projects by 2020; (i) Promote productivity, technology and
Energy Efficiency and Conservation: Reduce innovation through measures to enhance
energy intensity in ASEAN by 20% as a medium- MSME productivity by understanding
term target in 2020 and 30% as a long-term target key trends in productivity; build industry
in 2025, based on 2005 level; clusters through industrial linkages,

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promote technology and build capabilities
to foster industry clustering; as well as
promote innovation as a key competitive
advantage through technology usage and
its application to business and business-

ASEAN
academia linkages;
(ii) Increase access to finance by developing
and enhancing the in s ti tu tional
framework in respect of improving ECONOMIC COMMUNITY
under st anding and streng thening
traditional financing infrastructure as well
BLUEPRINT 2025
as the policy environment and measures
that foster alternative and non-traditional
financing; promote financial inclusion and
literacy and the ability of MSMEs to be
better engaged in the financial systems;
and enhance tax and other incentive
schemes;
(iii) E n h a n c e m a r k e t a c c e s s a n d
internationalisation by ex tending
and developing support schemes for
market access and integration into
ASSOCIATION OF SOUTHEAST ASIAN NATIONS

theASEANglobal supply
@ASEAN
chains including
www.asean.org one vision, one identity, one community

promoting partnership with multinational


c or p o r at io n s (MN C s) and l ar ge
enterprises to increase market access
and opportunities; promote the use of
e-Commerce; and enhancing measures Conclusion - Engineering Fraternity
to promote exports through mechanisms
such as export clinics, advisory services With the MRAs for Engineering Services being
and ROO utilisation; the earliest to be signed (2005) among the seven
(iv) Enhance MSME policy and regulatory professional services among the ASEAN Member
environment that promotes intra and States (AMS) for greater mobility of skilled
inter-Governmental co-operation and professionals in the region and the new ASEAN
co-ordination mechanisms, involvement Economic Community Blueprint 2025, Malaysian
of MSMEs in the decision-making engineers and aligned profession should explore
process to enable better representation their opportunity within the ASEAN region.
of MSME interests; provide support to The ASEAN collective GDP of USD 2.57 trillion in
micro enterprises in the informal sector 2014 on the back of population of 620 million
and their integration; and streamline hold great potential for Malaysian professionals
processes involved in obtaining of to venture into the region which will be facilitated
permits and business registrations to with this AEC Blueprint 2025.
enable less costly and faster business
REFERENCE
formation; and
(v) Promote entrepreneurship and human The Joint Statement of the 47th ASEAN Economic
capital development by creating a Ministers Meeting on August 22, 2015
more conducive environment for
entrepreneurship through the ASEAN ACKNOWLEDGEMENT
On-line Academy; and enhancing human The contents of this article on ASEAN are extracted
capital development for MSMEs, in from the ASEAN Economic Blueprint issued by The
particular youth and women. ASEAN Secretariat, Jakarta.

37
INGENIEUR
INTERNATIONAL BUSINESS

APEC SERVICES
CO-OPERATION
FRAMEWORK 2015
By Chua Foong Lean

At the 22nd APEC Meeting in Beijing in 2014, leaders in the


Asia-Pacific Economic Co-operation (APEC ) endorsed the APEC
Strategic Blueprint for promoting Global Value Chain Development
and Co-operation. In addition, they endorsed the APEC Connectivity
Blueprint 2015-2025 as appeared in the Volume 61 of The
Ingenieur.

At the 23rd APEC Economic Leaders Meeting on November 19,


2015 in Manila, APEC leaders adopted the APEC Services Co-
operation Framework. This is a strategic approach for the efficient
development and delivery of services as a major aspect of
economy.

The APEC Leaders acknowledged that international trade in


services facilitates cross-border business activity, reduces costs,
spurs innovation, boosts competition and productivity, raises the
standard of domestic services suppliers, and widens the range
of choice for consumers. They also acknowledged that trade in
services has an enormous potential for creating jobs, and for
increasing competitiveness in the global market, providing whole-
of-economy benefits. However, inclusive growth cannot be achieved
without addressing services-related issues, as many micro, small,
and medium enterprises operate in this sector.

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A
s Malaysia moves towards becoming a Connectivity Blueprint, and the 2014 APEC
developed nation, greater emphasis should Strategic Blueprint for Promoting Global Value
be targeted on the development of the Chains Development and Co-operation.
services sector to serve as an engine of growth The outcomes of the second meeting of the
in propelling and sustaining the economy. The APEC Ministers Responsible for Structural Reform
services sector assumes an increasing share of and the emphasis they placed on services are
Gross Domestic Product (GDP) as the economy welcome.
matures, as is evident in the case of developed APEC can be commended for its work in services
countries. Under the 10th Malaysia Plan (2011 to trade and investment, such as the Services
2015), the services sector is expected to grow at Action Plan, the APEC Principles for Cross-Border
7.2% annually until 2015, raising its contribution Trade in Services, and the Services Trade Access
to GDP to 61% by the end of the Plan period. Requirements (STAR) Database. The significant
It is therefore important that Malaysia works contribution of the Manufacturing Related Services
in collaboration with international organisations Action Plan, the Environmental Goods and Services
such as the APEC and ASEAN Economic Work Programme, the Environmental Services
Community to tap into the developments of the Action Plan, and the establishment of the APEC
service industry that suit the local and regional Public Private Partnership on Environmental Goods
business environment. and Services (PPEGS) to APECs on-going work on
services are widely recognised.
Content of APEC Services Co-operation Ways have been explored to further deepen
Framework cross-fora collaboration in services such as through
the first joint meeting of the Economic Committee,
The services sector accounts for a dominant share
the Group on Services, and the Pacific Economic
of APEC regional economies, providing high quality
Co-operation Council (PECC) on Regulatory Reform
jobs and new avenues for growth. An efficient and
and Services held in 2015. The Public-Private
competitive services sector provides whole-of-
Dialogues on Services, initiated by Indonesia
economy benefits.
in 2013, were undertaken in co-operation with
International trade in services facilitates the
the APEC Business Advisory Council (ABAC) and
transfer of technology and management know-
PECC, to broaden the base for consultation. These
how, spurs innovation, boosts competition and
dialogues stressed the value of intensified focus on
productivity, raises the standard of domestic
services and facilitated the sharing of regulatory
services suppliers, reduces costs, and widens the
experiences and challenges, as well as generated
range of choice for consumers.
views on ways to improve services competitiveness
Recognizing that the development of services
taking into account individual APEC countrys
including their efficient delivery requires a strategic
economic circumstances.
approach, APEC leaders adopted the APEC Services
The rapid changes taking place in the delivery
Co-operation Framework (ASCF) as follows:
of services, such as through digitally-enabled trade
are widely recognised. However, to boost services
Advancing the Services Agenda
trade and investments in the region, APEC needs
As part of the commitment to realizing APECs to further deepen and build momentum in its work
vision as outlined in the Bogor Leaders on services.
Declaration and achieving APECs goal of free
and open trade and investment in the Asia-Pacific Vision
no later than the year 2020; the importance of
A long-term vision for services in APEC is required.
advancing regional co-operation in services is
Recalling the Bogor Goals of 1994, APEC resolves
clearly recognised.
to strengthen its efforts in services through the
APECs past and on-going work on services
following principles of co-operation:
across the various APEC sub-fora, contributes Free and open trade and investment in
significantly to efforts towards implementing
services consistent with World Trade
the APEC Leaders Growth Strategy, the APEC
Organization principles;

39
INGENIEUR
Transparent and improved communications; Build on APECs past and on-going work on
Collaboration and engagement across services;
the APEC platform and with various Promote increased and strengthened APEC
stakeholders; cross-fora dialogue and collaboration such
Competitiveness in services through as joint meetings, projects, and initiatives;
human and institutional capacity building Pursue close collaboration with ABAC,
and increased participation of developing PECC, and other stakeholders through
member economies; and regular Public-Private Dialogues on
Cros s - sectoral and sector- specific Services;
approaches. Broaden multi-stakeholder engagement
In line with the 1995 Osaka Action Agenda, through the APEC Virtual Knowledge
the 2000 Policy Framework for Work on Services, Centre on Services a virtual knowledge-
and the 2009 APEC Principles for Cross-Border sharing platform on information and best
Trade in Services, taking into account individual practices of services-related policies and
economies situations, APEC affirms the programmes of APEC;
importance of the following strategic directions: Foster exchange of good regulatory
Transparency of laws, regulations, and pr ac tic e s and promote ef fec tive
administrative procedures; competition policy;
Progressively reducing restrictions to Seek better ways to produce services-
services trade and investment, including related statistics and increase the number
unnecessary localization requirements; of APEC economies with indices for
Non-discrimination between domestic and measuring the regulatory environment in
foreign service suppliers; services including by providing capacity
Good regulatory practices and effective building and exploring the development
competition policy; of an APEC index, taking into account, as
Facilitating the mobility of ser vice appropriate, existing indices maintained
suppliersand business persons; and by other fora such as the Organisation of
Supporting capacity building to develop the Economic Co-operation and Development;
ability of economies to competitively supply Regularly organise, through the relevant
services. APEC Working Groups and Committees,
The 2015 ASCF will play a pivotal role in discussion fora among services regulators;
fully achieving the Bogor Goals, in providing a officials responsible for trade, investment,
common strategic direction and in promoting and competition policies; and the private
coherence in APECs work on services. The sector; and
ASCF will ensure that APECs multi-fora and Leverage par tnerships with regional
multi-stakeholder services agenda will remain and global bodies such as the World
dynamic and responsive to economic, market, Trade Organization, United Nations
and technological developments of each APEC Bodies, International Trade Centre, the
member economy. Organization for Economic Co-operation
and D evelo p ment , t he Ec o no mic
The Way Forward Research Institute for ASEAN and East
Asia, the Asian Development Bank, Inter-
APEC members have agreed to develop a strategic
American Development Bank, and the
and long-term APEC Services Competitiveness
World Bank, among other institutions,
Roadmap in 2016 with the adoption of a
to implement the Roadmap, and avoid
concerted set of actions and mutually agreed
duplication and ensure coherence with
targets to be achieved by 2025. The process of
existing initiatives.
drafting the Roadmap will begin with discussion
The desired outcomes of the ASCF are:
of the elements of the Roadmap followed by Increased services value-adding capacity
deliberations on actions and mutually agreed
of APEC economies;
targets. The Roadmap will, among others:

6
40 VOL
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Cultivation of globally competitive services Malaysian Services Sector Blueprint 2015
sectors of APEC economies;
The service sector is gaining a key role in the
Expansion of trade and investment
growth and development of the Malaysian
in services in APEC economies via
economy from manufacturing which propelled
improvements in physical, institutional, and
Malaysia over the last few decades. The Malaysian
people-to-people connectivity;
Services Sector Blueprint released in March 2015
Enhancement of Gross Value Chain
recognizes the services industry as a main source
participation of all businesses especially
of growth to achieve a high-income economy by
micro, small, and medium enterprises;
2020. In 2014, the services sector contributed
Wider access to more efficient and greater
55% to the GDP. This is targeted to reach 58% by
variety of services for APEC and its people;
2020.
Job creation and growth while promoting
Among the four policy levers is the
social inclusion and human development;
Internationalization Strategy that recognizes the
and
clear need for internationalization of services
Addition of measures in pursuit of the
providers to remain competitive and penetrate
APEC Leaders Growth Strategy for
new markets. Against this setting, it would
inclusive, innovative, balanced, secure, and
beneficial for Malaysia to fit this Services Sector
sustainable growth.
Blueprint into the ASCF where the market size
Ministers and Senior Officials are urged to
of APEC economies is more than half of worlds
mainstream this Framework into the strategic and
GDP.
long-term planning of APECs work programme
through all the relevant Committees and Working
Groups, in particular the Group on Services. REFERENCE
Finally, Senior Officials are instructed to
APEC 2015 Leaders Declaration on November 19,
develop a mechanism for implementing the ASCF
2015.
beginning 2016.

41
Where Engineers Excel
The Board of Engineers Malaysia (BEM),
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public.
The content in this magazine, written mainly
Under BEMs registration record are by the engineering community and
16,000 Professional Engineers and
15,000 technical professionals, provides first-hand
87,000 Graduate Engineers in various
71,000 and valuable knowledge. There is a wealth
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Published quarterly by BEM, The Ingenieur,
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via a 13,500 print version as well as to
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41
INGENIEUR

Malaysia as Council
Member of International
Maritime Organisation
REPORT

By Ir. Tan Bee Hong

Malaysia was in the news again in the maritime adopted a convention establishing the IMO as the
arena when she was elected to the International first ever international body devoted exclusively to
Maritime Organisation (IMO) Council again maritime matters.
for the sixth term at the 29 th IMO General The overall objectives are summed up in the
Assembly in London in November 2015. IMO slogan: Safe, secure and efficient shipping on
clean oceans. The IMO is the only United Nations
Malaysias Minister of Transport, who attended
specialized agency to have its Headquarters in the
the assembly, informed the press that Malaysia
United Kingdom. It currently (Dec 2015) has 171
plays a crucial role in ensuring the safety of the
Member States and three Associate Members.
Straits of Malacca and the protection of marine Its governing body, the Assembly, meets once
environment. every two years. Between sessions, the Council,
The Straits of Malacca is an important consisting of 40 Member Governments elected by
conduit for international shipping and one of the Assembly, acts as IMOs governing body.
the busiest shipping routes in the world with IMO is a technical organisation and most of its
more than 25% of global trade and more than work is carried out in a number of committees and
80,000 vessels transiting it annually. sub-committees.
Malaysia has been a member of IMO The Maritime Safety Committee (MSC) was one
since 1971. As a council member of IMO, of the main organs, along with the Assembly and
Malaysia enjoys certain privileges in respect Council, established by the 1948 Convention on
IMO. Today, the MSC deals with all matters relating
of planning and approving of IMO programmes
to the safety of shipping, as well as addressing
and activities, raising maritime issues and
maritime security issues, piracy and armed
evaluating reports of main committees during
robbery against ships.
the Council meetings. The Marine Environment Protection Committee

B
(MEPC) was established by the Assembly in
ecause of the international nature of the November 1973. It is responsible for co-ordinating
shipping industry, it has long been recognized the Organisations activities in the prevention
that action to improve safety in maritime and control of pollution and damage to the
operations is more effective if carried out at the environment caused by ships.
international level rather than by individual countries There are seven sub-committees: Sub-
acting unilaterally and without co-ordination. Committee on Human Element, Training and
It was against this background that a Watchkeeping (HT W); Sub - Committee on
conference held by the United Nations in 1948 Implementation of IMO Instruments (III); Sub-

6
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2. SAFETY
The first conference organised by IMO in 1960
was, appropriately enough, concerned with
maritime safety. That conference adopted the
International Convention on Safety of Life at
Sea (SOLAS), which came into force in 1965,
replacing a previous version adopted in 1948.
The 1960 SOLAS Convention covered a wide
range of measures designed to improve the
safety of shipping. They included sub-division and
stability; machinery and electrical installations;
fire protection, detection and extinction; life-saving
appliances; radiotelegraphy and radiotelephony;
safety of navigation; carriage of grain; carriage of
Committee on Navigation, Communications and dangerous goods; and nuclear ships.
Search and Rescue (NCSR); Subcommittee on Other safety-related conventions adopted
Pollution Prevention and Response (PPR); Sub- by IMO include the International Convention
Committee on Ship Design and Construction on Load Lines, 1966 (an update of a previous,
(SDC); Sub-Committee on Ship Systems and 1930, convention); the International Convention
Equipment (SSE); and Sub-Committee on Carriage on Tonnage Measurement of Ships, 1969; the
of Cargoes and Containers (CCC). Convention on International Regulations for
The Legal Commit tee was originally Preventing Collisions at Sea, 1972 (COLREG)
established to deal with the legal problems which made traffic separation schemes adopted
arising from the Torrey Canyon accident of 1967. by IMO mandatory and considerably reduced
However, it was subsequently established as the number of collisions in many areas; and the
a permanent Sub-committee responsible for International Convention on Maritime Search and
considering any legal matters within the scope of Rescue, 1979.
the Organisation. In 1976 IMO adopted the Convention on the
The Technical Co-operation Committee International Maritime Satellite Organisation
is responsible for co-ordinating the work of (INMARSAT) and its Operating Agreement. The
the Organisation in the provision of technical Convention came into force in July 1979 and later
assistance in the maritime field, in particular to resulted in the establishment of the International
developing countries. Mobile Satellite Organisation (IMSO), which, like
The Facilitation Committee is responsible IMO, is based in London. (Inmarsat is a commercial
for IMOs activities and functions relating to company.)
the facilitation of international maritime traffic.
These are aimed at reducing the formalities and 3. MARITIME SECURITY
simplifying the documentation required of ships Maritime security issues first came to prominence
when entering or leaving ports or other terminals. on the IMO agenda following the hijacking of
All the technical bodies of IMO, and the IMO the Italian cruise ship Achilles Lauro, in October
Assembly, are open to participation by all Member 1985. IMO adopted a resolution on measures to
Governments on an equal basis. prevent unlawful acts which threaten the safety
of ships and the security of their passengers and
1. WHAT IMO DOES crews and in 1986, issued guidance on measures
IMO has promoted the adoption of some 50 to prevent unlawful acts against passengers and
conventions and protocols and adopted more than crew on board ships.
1,000 codes and recommendations concerning In the light of terrorist atrocities around
maritime safety and security, the prevention of the world, several of which have been aimed
pollution and related matters. at transport infrastructures, IMO adopted a

45
INGENIEUR
comprehensive set of maritime security measures board ships in the High Risk Area; guidance for
in 2002, which came into force in July 2004. flag States on measures to prevent and mitigate
The most important and far reaching of these Somalia-based piracy; and interim guidance to
is the International Ship and Port Facility Security private maritime security companies providing
Code (ISPS Code). Among its requirements are that privately contracted armed security personnel on
Governments should undertake risk assessments board ships in the High Risk Area.
to establish the level of security threats in their In 2009, an important regional agreement was
ports and that both ships and ports should adopted in Djibouti by States in the region, at a
appoint dedicated security officers and have high-level meeting convened by IMO. The Djibouti
formal security plans drawn up and approved by Code of Conduct concerning the repression
their Governments. of piracy and armed robbery against ships in
IMO has adopted other maritime security the Western Indian Ocean and the Gulf of Aden
instruments including recommendations on recognizes the extent of the problem of piracy and
security measures for passenger ferries on armed robbery against ships in the region. In it, the
international voyages shorter than 24 hours signatories declare their intention to co-operate to
and on security measures for ports; guidelines the fullest possible extent, in a manner consistent
on the allocation of responsibilities to seek the with international law, in the repression of piracy
successful resolution of stowaway cases, and and armed robbery against ships.
guidelines for the prevention and suppression of A dedicated Project Implementation Unit has
the smuggling of drugs, psychotropic substances developed a detailed implementation plan, funded
and precursor chemicals on ships engaged in primarily through the IMO Djibouti Code Trust
international maritime traffic. Fund, in co-operation with the 20 signatory States
to the Djibouti Code of Conduct. Signatories to the
4. PIRACY AND ARMED ROBBERY AGAINST Djibouti Code of Conduct undertake to co-operate
SHIPS in a variety of activities, including:
the investigation, arrest and prosecution
The problem of increasing acts of piracy and armed
of persons reasonably suspected of having
robbery against ships was first raised at IMO in
committed acts of piracy and armed
the early 1980s. In the late 1990s, IMO initiated
robbery against ships, including those
an anti-piracy project, with the aim of fostering
inciting or intentionally facilitating such
the development of regional agreements on
acts;
implementation of counter-piracy measures. The the interdiction and seizure of suspect
Regional Co-operation Agreement on Combating
ships and property on board such ships;
Piracy and Armed Robbery against ships in Asia the rescue of ships, persons and property
(RECAAP), which was concluded in November
subject to piracy and armed robbery and
2004 by 16 Asian countries includes the RECAAP
the facilitation of proper care, treatment
Information Sharing Centre (ISC) for facilitating the
and repatriation of seafarers, fishermen,
sharing of piracy-related information. The RECAAP
other shipboard personnel and passengers
ISC is a good example of successful regional co-
subject to such acts, particularly those who
operation which IMO seeks to replicate elsewhere.
have been subjected to violence; and
Guidance to Governments, ship owners, ship the conduct of shared operations both
operators, shipmasters and crews on preventing
among signatory States and with navies
and suppressing acts of piracy and armed robbery
from countries outside the region such
against ships was first issued in the 1990s and
as nominating law enforcement or other
this guidance has been kept updated and revised.
authorized officials to embark on patrol
More recently, guidance has been issued on
ships or aircraft of another signatory. The
piracy and armed robbery against ships in waters
Djibouti Code encourages the sharing
off the coast of Somalia. IMO has also developed
of related information, and a regional
and issued interim guidance to ship owners,
network has been established, with three
ship operators and shipmasters on the use of
Information Sharing Centres based in
privately-contracted armed security personnel on
Sanaa, Mombasa and Dar es Salaam.

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Signatories to the Code also undertake to
review their national legislation with a view to
ensuring that there are laws in place to criminalize
piracy and armed robbery against ships and
to make adequate provision for the exercise
of jurisdiction, conduct of investigations and
prosecution of alleged offenders.
All signatories partake in a regular programme
of regional training, co-ordinated through the
Djibouti Regional Training Centre, established by
IMO.

5. PREVENTING POLLUTION... PROVIDING


COMPENSATION
Although the International Convention for the
prevention of pollution of the sea by oil, 1954,
(OILPOL) was amended in 1962, the wreck of
the Torrey Canyon in 1967 resulted in a series
of conventions and other instruments, including
further amendments to the 1954 Convention, mandatory for new ships, and the Ship Energy
which were adopted in 1969. Efficiency Management Plan (SEEMP) made a
The International Convention on Civil requirement for all ships. These amendments
Liability for Oil Pollution Damage, 1969, and the entered into force on January 1, 2013.
International Convention on the Establishment In 1996, IMO adopted the International
of an International Fund for Compensation for Oil Convention on Liability and Compensation for
Pollution Damage, 1971, together established a Damage in Connection with the Carriage of
regime to provide compensation to victims of oil Hazardous and Noxious Substances by Sea (HNS
pollution. Convention). The Convention establishes a two-tier
In 1971, OILPOL was amended again, but it system for providing compensation up to a total of
was generally felt that a completely new instrument around 250 million. It covers not only pollution
was required to control pollution of the seas from aspects but other risks such as fire and explosion.
ships. In 1973 IMO convened a major conference A Protocol to update the 1996 Convention was
to discuss the whole problem of marine pollution adopted in 2010.
from ships. This resulted in the adoption of the IMO adopted the International Convention on
first ever comprehensive anti-pollution convention, the Control of Harmful Anti-fouling Systems on
the International Convention for the Prevention of Ships (AFS) in 2001. It prohibits the use of harmful
Pollution from Ships (MARPOL). organotin in anti-fouling paints used on ships and
The MARPOL Convention deals not only with will establish a mechanism to prevent the potential
pollution by oil, but also pollution from chemicals, future use of other harmful substances in anti-
other harmful substances, garbage, sewage and, fouling systems. It entered into force in 2008.
under an Annex VI adopted in 1997, air pollution The International Convention for the Control
and emissions from ships. A revised Annex VI was and Management of Ships Ballast Water and
adopted in 2008 and it entered into force in 2010, Sediments was adopted in 2004, to prevent the
phasing in a progressive reduction in sulphur oxide potentially devastating effects of the spread of
(SOx) from ships and further reductions in nitrogen invasive harmful aquatic organisms carried by
oxide (NOx) emissions from marine engines. ships ballast water.
Amendments adopted in 2011 set mandatory In May 2009, IMO adopted the Hong Kong
measures to reduce emissions of greenhouse International Convention for the Safe and
gases (GHGs) from international shipping, with Environmentally Sound Recycling of Ships.
the Energy Efficiency Design Index (EEDI) made

47
INGENIEUR
6. SUSTAINABLE MARITIME
TRANSPORTATION
Maritime transport is the backbone of world trade
and globalisation. Twenty-four hours a day and
365 days a year, ships carry cargoes to all corners
of the globe. This role will continue to grow with
the anticipated increase in world trade in the years
to come as millions of people are expected to be
lifted out of poverty through improved access to
basic materials, goods and products.
The world relies on a safe, secure and efficient
international shipping industry and this can only
be achieved under the comprehensive regulatory
framework developed and maintained by IMO. The
regulatory regime developed by IMO provides a
blueprint for countries to develop their maritime
transport infrastructure in a safe, efficient and
environmentally sound manner.
The blueprint calls for a wide range of actions
and also commits Governments to working
towards a transition to a green economy,
evolving around the three, equally important,
dimensions of sustainable development i.e. the
economic, social and environmental dimensions.
IMO has developed a concept of a Sustainable
Maritime Transportation System, which includes a
practicable degree of uniformity in formalities and
set of goals and actions, to highlight the importance
procedures in connection with the arrival, stay and
of maritime transportation by focusing on:
departure of ships at ports. The Convention came
S afe t y cul ture and env ironment
into force in 1967.
stewardship;
In 1976 IMO adopted a new Convention on
Education and training in maritime
Limitation of Liability for Maritime Claims (LLMC)
professions, and support for seafarers;
which raised the limits, in some cases by 300%.
Energy efficiency and ship-port interface;
Limits are specified for two types of claims those
Energy supply for ships;
for loss of life or personal injury and property
Maritime traffic support and advisory
claims, such as damage to ships, property or
systems;
harbour works.
Maritime Security;
For most of the last century, salvage at sea
Technical co-operation;
was based on a formula known as no cure, no
New technology and innovation;
pay. While it was successful in most cases, the
F inanc e, liab ili t y and in sur anc e
formula did not take pollution into account: a
mechanisms; and
salvor who prevents massive pollution damage but
Ocean Governance.
does not save the ship and its cargo can expect no
compensation. The 1989 International Convention
7. OTHER MATTERS
on Salvage was adopted to remedy this defect. It
In 1965 IMO adopted the Convention on entered into force in July 1996.
Facilitation of International Maritime Traffic. Its In 2007, IMO adopted the Nairobi International
primary objectives are to prevent unnecessary Convention on the Removal of Wrecks, 2007,
delays in maritime traffic, to aid co-operation which provides the legal basis for States to
between Governments, and to secure the highest remove, or have removed, shipwrecks that may

6
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have the potential to affect adversely the safety (which separate ships moving in opposite directions
of lives, goods and property at sea, as well as the by creating a central prohibited area); the adoption
marine environment. of technical manuals such as the Standard Marine
Communication Phrases (SMCP), the International
8. IMOS CODES AND RECOMMENDATIONS Aeronautical and Maritime Search and Rescue
Manual (jointly with the International Civil Aviation
In addition to conventions and other formal treaty
Organisation) and the Manual on Oil Pollution;
instruments, IMO has adopted several hundred
crew training; performance standards for ship
recommendations dealing with a wide range of
borne equipment; and many other matters. There
subjects.
are also guidelines to help the implementation of
Some of these constitute codes, guidelines
particular conventions and instruments.
or recommended practices on important matters
not considered suitable for regulation by formal
9. TECHNICAL ASSISTANCE
treaty instruments. Although recommendations
whether in the form of codes or otherwise The purpose of IMOs technical assistance
are not usually binding on Governments, they programme is to assist developing countries in
provide guidance in framing national regulations ratifying IMO conventions reaching the standards
and requirements. Some Codes have been made contained in international maritime conventions
mandatory under the relevant provisions of SOLAS such as SOLAS and MARPOL. As part of this
and/or MARPOL. programme, a number of advisers and consultants
In appropriate cases, the recommendations are employed by IMO to advise Governments. Each
may incorporate further requirements which year the Organisation arranges or participates in
have been found to be useful or necessary in numerous seminars, workshops and other events
the light of experience gained in the application which are designed to assist in the implementation
of the previous provisions. In other cases the of IMO measures. Some activities are held at IMO
recommendations clarify various questions which Headquarters, many others in the developing
arise in connection with specific measures and countries themselves.
thereby ensure their uniform interpretation and A key element of the technical assistance
application in all countries. programme is training. IMO measures can only
Examples of the principal recommendations, be implemented effectively if those responsible
codes, etc., adopted over the years are: are fully trained, and IMO has helped to develop
International Maritime Dangerous Goods or improve maritime training academies in
Code (IMDG Code) first adopted in many countries around the world. Some of them
1965; made mandatory under SOLAS cater purely for national needs. Others have
amendments adopted in 2002; been developed to deal with the requirements
Code of Safe Practice for Solid Bulk Cargoes of a region. This is a very useful approach
(BC Code) (1965); (the International where the demand for trained personnel in
Maritime Solid Bulk Cargoes Code (IMSBC individual countries is not sufficient to justify the
Code)(2008) was made mandatory under considerable financial outlay needed to establish
SOLAS amendments adopted in 2008); such institutions. IMO has also developed a series
International Code of Signals (all functions of model courses for use in training academies.
in respect of the Code were assumed by The most ambitious of all IMOs technical
the Organization in 1965); assistance projects is the World Maritime
Code for the Construction and Equipment University in Malm, Sweden, which opened in
of Ships Carrying Dangerous Chemicals in 1983. Its objective is to provide high-level training
Bulk (BCH Code)(1971); and facilities for people from developing countries who
Technical Code on Control of Emission of have already reached a relatively high standard
Nitrogen Oxides from Marine Diesel Engines (NOx in their own countries but who would benefit
Technical Code 1997; mandatory under MARPOL). from further intensive training. The University has
Other important recommendations have dealt capacity to train about 200 students at a time, on
with such matters as traffic separation schemes one or two-year courses.

49

INGENIEUR
Malaysias position as participate in the work of various bodies in
an observer capacity. These organisations
represent a wide spectrum of maritime,
council member of the legal and environmental interests and they
contribute to the work of the various organs and
committees through the provision of information,
IMO will certainly help in documentation and expert advice. However, none
of these organisations has a vote.
An instrument so adopted comes into force
ensuring the interests of after fulfilling certain requirements, which always
includes ratification by a specified number
of countries. Generally speaking, the more
international shipping lines important the convention, the more stringent the
requirements for entry into force. Implementation
are taken care of. of the requirements of a convention is mandatory
in countries which are parties to it. Some codes
are made mandatory under one or more of the
international conventions, while other codes
IMO has also established the International
and recommendations which are adopted by the
Maritime Law Institute, in Malta, to help ensure
IMO Assembly are not binding on Governments.
that sufficient maritime law experts, with
However, their content can be just as important,
appropriate knowledge and skills, are available to
and in many cases they are implemented by
assist in the implementation and enforcement of
Governments through incorporation into domestic
international maritime law and, more particularly,
legislation.
the vast body of rules and regulations developed
under the aegis of IMO especially within
THE JOURNEY AHEAD FOR MALAYSIA
developing countries.
Since 2006, a linkage between the ITCP and With the intensification of a Global Value Chain
the United Nations Millennium Development Goals for goods manufactured across countries (far and
(MDGs) has been established to ensure that those near) and the Maritime Silk Road initiative with
ITCP activities that contribute to the MDGs be Malaysia at it central geographic position, shipping
given high priority, taking into account the special traffic around the globe particularly through the
needs of Least Developed Countries (LDCs) and Straits of Melaka will be increased. The role of IMO
Small Island Developing States (SIDS) and the in the safety of shipping lines and the preservation
particular transport needs of Africa of water quality of the sea will be even more
The issue of sustainable development is also pronounced.
coming into focus with support for new initiatives Malaysias position as council member of the
to promote sustainable maritime development. IMO will certainly help in ensuring the interests of
international shipping lines are taken care of.
10. HOW IT WORKS
IMO works through a number of specialist
ACKNOWLEDGEMENT
committees and sub-committees. Each of these
The extract of the contents of IMO is taken from
bodies is composed of representatives of Member
IMO booklet through the courtesy of IMOs Media
States.
and Communication office. For more information,
Formal arrangements for co-operation have
please refer to www.imo.org
been established with more than 60 inter-
Governmental organisations, while more than 70 REFERENCE
non-Governmental international organisations
have been granted consultative status to STAR paper dated 30.11.2015

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REPORT
MALAYSIAN WETLAND
NEXUS WITH RAMSAR
CONVENTION
By Amanda Lee Siek Hsia
Picture from malaysia.wetlands.org

T
he Ramsar Convention is an international The Ramsar List of Wetlands globally includes
treaty for the conservation and sustainable 2208 Sites (known as Ramsar Sites) covering over
utilization of wetlands taking cognizance of 210,734,269.41 ha (520,735,720.3 acres). The
the important ecological functions of wetlands definition of Ramsar wetlands may include, among
that embody their economic, cultural, scientific, others, the areas of marine water the depth of
and recreational value. It is named after the city which at low tide does not exceed six meters as
of Ramsar in Iran, where the Convention was well as fish ponds and paddy fields.
signed in 1971. Presently there are 169 contracting parties, up
Malaysia with six Ramsar sites totalling from 21 initial signatory nations in 1971. The state
331,510 acres of wetlands of international parties meet every three years as the Conference
importance became a member of Ramsar of the Contracting Parties (COP).
Convention on March 10, 1997. With its headquarters at Gland, Switzerland,
It is therefore important that all Malaysian the Ramsar Convention is managed by a standing
stakeholders involved in development works, committee, a scientific review panel, and a
particularly practicing engineers understand secretariat. It works closely with the International
the importance of the function of wetlands to Union for the Conservation of Nature (IUCU).
the ecosystem of the country and Malaysias The Convention's mission is the conservation
commitment to the Ramsar convention. and wise use of all wetlands through local

51
INGENIEUR
and national actions and international co- Among the international forums are:
operation, as a contribution to achieving a. UN World Conference on Disaster Risk
sustainable development throughout the world. Reduction in Sendai Japan on March 2015.
It calls upon contracting parties to recognize the b. The World We Want Post 2015
interdependence of humans and the environment Sustainable Development Goals
as well as the ecological functions of wetlands, September, 2015
such as wildlife habitats, nutrient cycling and flood c. COP 21 Paris Climate change agreement
control. 2015

INTERNATIONAL ORGANISATION PARTNERS More Climatic Extremes are happening


The Ramsar Convention works closely with five
other organisations known as International
Organisation Partners (IOPs). These are Birdlife
International, the International Union for
Conservation of Nature (IUCN), the International
Water Management Institute (IWMI),Wetlands
International and World Wildlife Fund (WWF)
Graph - Run-off variation (1960-90 /2070-90)
International. These support the work of the
Convention by providing expert technical advice,
helping implement field studies and providing
financial support. The IOPs also participate
regularly as observers in all meetings of the
Conference of Parties and as full members of
the Scientific and Technical Review Panel. For
example, at the 2008 Convention of Parties, IWMI Prepare for more floods and draughts
scientists contributed directly to a number of
Integrated Flood Management Principles:
resolutions including those relating to wetlands'
River Basin as a Planning Unit
links with human health, biofuels, poverty
Integration of:
reduction, bio-geographic regionalization and
- Land and Water Management
biodiversity in rice paddies.
- Upstream and Downstream
- Structural and Non-structural
SCIENTIFIC & TECHNICAL REVIEW PANEL OF
- Short-term and Long-term
THE RAMSAR CONVENTION
- Local and Basin Level Measures - small and
At the Scientific & Technical Review Panel large-scale
(STRP) meeting on November 2-6, 2015, Dr Ania - Development Needs with Ecological and
Grobicki, Deputy Secretary-General of the Ramsar Economic Concerns
Convention acting as the Ramsar Secretariats - Climate Predictions with Sectoral Policies
focal point for the Conventions subsidiary and Plans
advisory body, the STRP presented an important - Functional Integration of Institutions and
paper entitled The STRP and Ramsar Convention Stakeholders
on Wetlands: Looking Ahead. - Wetlands are the key!

Unique Policy Opportunity in 2015 WHAT IS THE SECRETARIATS ROLE IN STRP


Several important international forums presented
The Secretariat continues to support STRP.
unique opportunities to raise awareness and
Relevant staff include the Deputy Secretary-
to commit world bodies to address the issues
General, Senior Regional Advisors, the Head of
relating to the environment, and in particular
Communications and the Scientific and Technical
to environmental sustainability related issues,
Support Officer. The Secretariats responsibilities
confronting the world.
include:

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facilitating the work of STRP, including Strategic Goal 1: Addressing the drivers of
organising and administering its meetings wetland loss & degradation
and maintaining the STRP Workspace;
Target 1: Wetland benefits and ecosystem
fostering opportunities for collaboration
services feature in national/ local
with other conventions, international
policy strategies and plans relating
organis ations (including f inancial
to key sectors such as water, energy,
organis ations), inter- Government al
mining, agriculture, tourism, urban
institutions, and national and international
development and infrastructure;
NGOs, and facilitating such collaboration as
Target 2: Water use sustainability is improved
required;
while respecting ecosystem and
facilitating linkages between potential
basin requirements;
experts within countries, regions and
Target 3: Public and private sectors have
globally, including indigenous peoples and
taken steps to apply guidelines and
local communities; and
good practices for wise use of water
identifying the needs of potential audiences
and wetlands;
and thematic priorities in different countries
Target 4: Invasive alien species and pathways
or regions to suggest to the Parties for their
are identified and prioritized; priority
consideration.
invasive species are controlled or
eradicated;
RAMSAR SITE INFORMATION SYSTEM
Target 5: The ecological character of Ramsar
There are a total of 2,218 Ramsar Sites worldwide sites is maintained, through
covering over 214 million ha. effective planning and management
Target 6: There is a significant increase in the
RAMSAR 4th STRATEGIC PLAN (2016 2024) Ramsar site network, in particular
underrepresented types of wetlands;
Monitoring and evaluation across all the four goals
Target 7: Sites that are at risk of loss of
below:
ecological character have their
Strategic Goal 1: Addressing the drivers of
threats addressed;
wetland loss and degradation;
Target 8: National wetland inventories have
Strategic Goal 2: Effectively conserving and
been completed;
managing the Ramsar Site Network;
Target 9: The wise use of wetlands is
Strategic Goal 3: Ensure the wise use of all
strengthened through integrated
wetlands; and
water resource management at river
Operational Goal 4: Enhancing implementation of
basin levels;
the 3 strategic goals
Target 10: Wetland services and benefits
are widely demonstrated and
Vision
documented; and
Wetlands are conserved, wisely used and
Target 11: Restoration is in progress or
restored, and their benefits are recognized and
completed in degraded wetlands;
valued by all
Target 12: Sustainable fisheries, agriculture
a. Supporting countries to achieve wise use of
and ecotourism are expanded,
wetlands alongside development
c ontribu ting to bio diver si t y
b. Ramsars approach is designed around four
conservation and human livelihoods;
Strategic Goals:
Target 13: Scientific and technical guidance
i. Addressing the drivers of wetland loss &
at global and regional levels is
degradation
developed on relevant topics;
ii. Conserving and managing Ramsar Sites
Target 14: Ram s ar Reg ional Ini tiative s
iii. Using wetlands wisely
are reinforced with the active
iv. Enhancing implementation of the Strategic
involvement and support of the
Plan
Parties in each region;

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Target 15: Wetland values are mainstreamed Common objectives, among others, can be
through CEPA: communications, harmonized at site level as follows:
education, public participation and
awareness;
Target 16: Financial resources for implementing
the 4th Ramsar Strategic Plan are
increased;
Target 17: International co - operation is
enhanced; and
Target 18: Capacity is built for using wetlands
wisely

WETLANDS IN SUSTAINABLE DEVELOPMENT


GOALS
Goal 6: Ensure availability and sustainable
management of water and sanitation for all MALAYSIAN WETLANDS UNDER RAMSAR
[Water Goal] CONVENTION LIST
Target 6.6: Protect and restore water-related Tasek Bera
ecosystems, including mountains, forests, Tajung Piai State Park
wetlands, rivers, aquifers & lakes Pulau Kukup State Park
Indicator for 6.6: Change in wetlands extent over Sungai Pulai Wetlands
time [Ramsar] Kuching Wetlands National Park
Lower Kinabatangan-Segama Wetlands
Goal 15: Protect, restore and promote sustainable Apart from the above listed wetlands, it is
use of terrestrial ecosystemshalt and reverse encouraging to know the special effort placed on
land degradation and halt biodiversity loss the management of other wetlands in Malaysia.
[Biodiversity Goal] Most notable is the 40,000ha Matang Mangrove
Target 15.1: Ensure conservation, restoration Forest in Perak that is regarded as one of the best
and sustainable use of terrestrial and inland managed sustainable mangrove ecosystem in the
freshwater ecosystems and their services, in world.
particular forests, wetlands, mountains and dry The lessons learnt from the last Tsunami in
lands, in line with obligations under international 2004 that claimed many lives across a vast region
agreements of the world should serve as a good reminder of
the importance of preserving our wetlands along
HARMONIZATION AT CONVENTION LEVEL coastal areas as a buffer against the devastating
THE BIODIVERSITY LIAISON GROUP effect of a Tsunami.
The Liaison Group of Biodiversity-Related The Ramsar Convention should be credited
Conventions that share common objectives are as for their effort in preserving our ecosystem as an
follows: integral part of the Sustainable Development Goal
beyond 2015.

ACKNOWLEDGEMENT
The author wishes to thank Dr Ania Grobicki
(grobicki@ramsar.org) from Ramsar Convention
for his kind consent to extract his presentation
for this article. A big thank to him too for the
noble effort in moving the world towards an
environmentally sustainable world to live in.
For more details, please refer to www.ramsar.org

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THE HASHIMOTO ACTION
PLAN III
By Chong Sam Moi

A
ccording to the United Nations, the annual

REPORT
recommended requirement of water
per person is between 5,000 gallons
and 10,000 gallons. Water is linked to food,
manufacturing and energy. Globally, 70 % of
water is used for agriculture. The nexus between
water availability and global consumption of

Hashimoto
food, manufactured goods and services are
closely linked. For instance, a kg of potatoes
from Australia on the dining table requires 547
Hashimoto Action Plan III

Action Plan III


litres of water to grow. It is important that water
management is tackled globally.
The United Nations Secretary-Generals
Advisory Board (UNSGAB) which is committed to
continue its advocacy effort through 2016 on water
and sanitation challenges, has formulated a set of
activities as part of the Hashimoto Action Plan III.

The Hashimoto Action Plan III The United Nations Secretary-Generals


Advisory Board on Water and Sanitation
The UNSGAB is a diverse group of eminent people
committed to helping solve the worlds water and Strategy and Objectives through 2015
sanitation challenges. UNSGAB, which has 23
members, was established in March 2004 by the
former United Nations Secretary-General, Kofi
Annan. The current Secretary-General, Ban Ki- www.unsgab.org
moon endorsed the Board and asked members to
continue their work. The Chairperson of UNSGAB
is His Royal Highness Prince El Hassan bin Talal of creating the Global Water Operators
Jordan and the Honorary President is His Imperial Partnership Alliance (GWOPA) concept which is
Highness, the Crown Prince of Japan. now run by UN-Habitat; initiating an advocacy
campaign to meet the MDG sanitation target
Role of UNSGAB which is now led by UN-Water
encouraging International Financial Institutions
The UNSGABs role is to identify and work with
to increase focus and funding for sanitation
others to promote and foster action related to
and water;
water and sanitation issues. The Board advises
fostering the High-Level Panel on Water and
the Secretary-General, raises public awareness
Disaster (HELP) in establishing a global plan for
and galvanizes Governments and international
implementation; putting wastewater collection,
organis ations to advance the global water
treatment and reuse on the development
and sanitation agenda. Achievements to date
agenda; and
include:

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The current Secretary-General, Ban Ki-moon endorsed


the Board and asked members to continue their work.

assessing existing international monitoring Committee and the Open Working Group
for access to water and sanitation. on Sustainable Development Goals (SDGs)
to ensure water and sanitation objectives
Post-2015 Development Agenda appear in the goal setting processes and
to secure strong champions for water
For the post-2015 development framework, the
and sanitation in the intergovernmental
Board calls for a global post-2015 goal on water
dialogue;
that includes targets on at least three essential Making connections with allies working on
objectives:
health, job creation, energy, food security
i. Achieve universal access to sustainable
and financing to articulate linkages;
sanitation and safe drinking water Informing relevant players about the
ii. Increase wastewater management and
Boards three water goal objectives,
pollution prevention, and
including participating in international fora
iii. Improve integrated water resources
and events such as the Stockholm World
management and water-use efficiency
Water Week, Budapest Water Summit and
However, targets and indicators need to be
the 7th World Water Forum in Korea;
designed and monitored for each of these three Providing support to UN processes such
areas.
as the UN-System Task Team on the post-
The UNSGAB is also advocating water-
2015 agenda; and
efficiency targets and water-related disasters to Taking all possible occasions to raise
be included in the post-2015 agenda.
with partners the issue of comprehensive
After conducting extensive dialogues with
monitoring as a crucial element of the Post-
stakeholders on various continents, the UNSGAB
2015 agenda.
has gained insights into the major challenges to
The success of all these efforts depends on
realizing the Millennium Development Goals (MDG)
national action and partner activities such as:
targets on water and sanitation. It has generated National Governments ascribe high and
greater attention to pollution prevention,
increasing priority to providing safe drinking
wastewater management and water resources
water and sustainable sanitation;
management. Donor Governments continue their support
The Board commits to:
in this area, and ascribe to higher support
Working closely with UN Member States,
in monitoring progress;
particularly the Friends of Water Steering

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The UNICEF/World Health Organization
Joint Monitoring Programme partners with WATER CRISIS
UNSGAB define ambitious and realistic
targets and set objectives for drinking
The water crisis that struck Selangor and
water that is really safe; Negri Sembilan in 2014 from February
The Friends of Water Group Steering to August can be traced to hot and
Committee agrees to help co-ordinate dry climactic conditions in Peninsular
Member States activities in managing Malaysia earlier in the year. Other
water-related issues; factors included delays relating to water
UN processes, such as the High-Level Panel
infrastructure and negotiations between
on Post-2015 agree to consider the need
to develop strong water and sanitation the Government and private water
objectives while encouraging stakeholder concessionaires.
participation; An earlier water crisis occurred in
Regional bodies, such as the African February 1998 when three reservoirs
Ministers Council on Water (AMCOW) in the Klang Valley the Klang Gate
and the Asia-Pacific Water Forum, call for
Dam, the Batu Dam and the Semenyih
higher priority to water management, water
and sanitation and the endorsement of a
Dam, all experienced a substantial
dedicated Global Water Goal; and drop in water level following the El
Higher attention paid by stakeholders Nino phenomenon. The subsequent
and decision makers to capacity building, water shortage affected almost all
including training of engineers and water residents in the Klang Valley causing the
managers and staff, helping countries Government to impose water rationing.
formulate integrated plans for water
resource development and protection,
financing gap. The Board encourages the use
and to improve the sustainability of co-
of a range of innovative financing mechanisms
operation projects.
that can help attract private investors, such as
mechanisms that blend concessional finance
Securing Sustainable Finance
with commercial finance or pooled financing
Financing water supply and sanitation is one of facilities that support borrowing by relatively
the most difficult challenges facing Governments. small operators at reasonable costs.
Despite providing a wide range of economic and The UNSGAB commits to:
social benefits, current levels of spending are far Increasing financial and budgetar y
below the investments required to achieve the resources across the water sector;
MDG water and sanitation targets. Achieving the >> Advocate whenever possible for
current MDG targets for water and sanitation, increased political prioritization of the
maintaining progress in the future and realizing the water and sanitation sectors, including
human right to safe drinking water and sanitation, wastewater and water resources
as well as managing wastewater, require mobilizing management, to secure additional
sustainable financing for the sector. financial resources of all kinds, including
Even if funding derived from the 3 Ts those from public budgets and user
(taxes, tariffs and transfers) were delivered fees. Special emphasis will be given
at scale, it would be insufficient to cover the to co-operation with Governments and
huge capital investment costs required in partners such as AMCOW, Sanitation
developing countries. The Board argues that and Water for All Partnership (SWA) and
there is a need to supplement such funding Water and Sanitation for Africa (WSA).
by access to the long-term local currency >> Collaborate with Governments, the
capital markets for water utilities a proven World Bank, Regional Development
strategy in developed countries to bridge the Banks and other partners to identify

57
INGENIEUR
solutions to overcome country-level as to ensure the viability and sustainability
obstacles in local financing and of water facilities.
disseminate the findings to decision-
makers and practitioners worldwide. Integrated Water Resources Management
Increasing the impact and leverage of & Water-Food-Energy Nexus
Official Development Assistance (ODA) in
The UNSGAB sees Integrated Water Resources
funding the water sector;
Management (IWRM) and Nexus thinking as
>> Continue to advocate bilateral ODA and
important for sustainable growth. They are
other concessional finance to be used as
complementary: the Nexus emphasizes engaging
a catalyst to leverage non-ODA funds and
with other sectors in promoting improved social
provide technical assistance for project
welfare and equity while IWRM focuses more on a
preparation. This includes proposing
comprehensive approach within the water sector
a joint UNSGAB Office for Economic
and provides the tools for implementation. Both
Co-operation and Development (OECD)
approaches help sustainable growth and protect
Development Assistance Committee
essential environmental services. Better co-
(DAC) event to share best practices and
ordination between federal and local Governments
lessons learned.
as well as among various departments and sectors
Increasing the availability of data and
is needed to curb damaging externalities, reduce
information and where possible,
waste and sustainably harness all our resources.
monitoring all forms of financing across the
Many efforts to address water challenges also
water sector;
have significant potential to generate climate
>> Continue strong and close collaboration
change benefits on both mitigation and adaptation.
with OECD as a major source of water
The Board commits to:
financing information.
Making the connection between the
>> Support the World Bank in developing
IWRM and Nexus concept by showing
a repository of knowledge on how to
their conceptual compatibility and
leverage private financing and to access
complementarity;
local markets for the sector. Extend the
Co-operating with organisers of events such
same support to interested regional and
as the Yellow River Forum in the context
sub-regional banks.
of the Nexus approach and share latest
>> Encourage better knowledge of country-
concepts and achievements in the realm of
wide expenditures for water through the
integrated river basin management;
Global Annual Assessment of Sanitation
Advocating that wastewater collection,
and Drinking Water (GLAAS) and other
treatment and reuse be viewed as an
relevant initiatives.
essential part of the Nexus challenge;
>> Encourage donors to report on technical
Work with the UN Food and Agricultural
assistance in the context of GLAAS.
Organization (FAO) on considering water
The success of all these efforts depends on
and energy issues in the context of the
national action and partner activities such as:
Voluntary Guidelines on the Responsible
C ountries increase their political
Governance of Tenure of Land;
commitment and financial resources to the
Engage with Sustainable Energy for All and
water sector;
UN-Energy on how to address Nexus trade-
Governments identify and remove the
offs in regional energy approaches;
barriers that impede local water and
Try to identify co-benefit opportunities
sanitation utilities from accessing local
through co-operation with the World Bank,
capital markets; and
Regional Development Banks and the
Governments and municipalities increase
OECD concerning the financing of IWRM
efforts in collecting taxes and user fees
and Nexus activities;
related to the water sector, develop and
Encourage and co-operate with water
enforce objective water tariff systems so
stewardship initiatives; and

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Promote enforcement of the United
Nations Convention on the Law of the Non- INTEGRATED RIVER BASIN
Navigational Uses of International Water MANAGEMENT
Courses by encouraging the necessary
ratifications. The Department of Irrigation and
The success of all these efforts depends on Drainage Malaysia which is tasked
national action and partner activities such as: with managing the river system, one
UN-Water, FAO and UN-Energy (as well as
of the main sources of water supply,

other relevant organisations such as the


UN European Economic Commission, UNEP,
has practiced Integrated River Basin
World Bank & Sustainable Energy for All) Management (IRBM) in integrating and
engage in a Nexus discussion in view of its co-ordinating policies, programmes and
reflection in the post-2015 process as well practices and addressing water and
as the SDGs; river-related issues. In essence, it is
The UN-Water Thematic Priority Area on about bringing nature back to rivers and
climate change engages in work on the
implementing all the key elements to
Nexus;
German Development Cooperation achieve this. However, the Department
continues, and others take up promotion of requires improved profes sional
regional and national Nexus activities; and capabilities and increased financial,
Regional organisations, particularly in legislative, managerial and political
Africa, South Asia and Oceanic countries capacity.
engage independently with further Nexus
With rapid urbanisation and
dialogues focusing on regionally specific
issues and implementation barriers.
industrialisation, problems and
issues relating to rivers and the river
Focus Action on Water and Disasters environment are expected to intensify.
River basins need to be managed in
The UNSGAB stresses the importance of further
action on the issue of disaster risk reduction, an integrated and holistic manner.
in line with the outcomes of the UN Special Corresponding institutional and legal
Thematic Session on Water and Disasters changes are needed, coupled with an
and the High-level Expert Panel on Water and effective administrative framework.
Disaster (HLEP/UNSGAB) both held in March Above all, political will and commitment
2013. During the next phase, UNSGAB members
are vital to ensure success.
and secretariat will undertake the following
actions in close collaboration and co-ordination
with the newly formed High-level Experts and
Leaders Panel on Water and Disasters (HELP/
UNSGAB). Actions and systems to inform, protect,
Board Members will actively respond to warn and evacuate are of paramount
occasions where they can advocate national, importance.;
regional and local policies and co-operation Risk reduction measures to be incorporated
measures which can reduce disaster risks. The in national development planning;
UNSGAB supports the principles and approach for Create and support occasions to share
priority action as developed and summarised in lessons of disaster response;
six urgent imperatives formulated in Water and Arrangements for providing safe drinking
disaster: High-Level Expert Panel on Water and water and sanitation are key elements in
Disaster/UNSGAB, May 2009:- an effective disaster response; and
Galvanize and mobilize before disaster Data creation and collection on response
strikes; measures are imperative.

59
INGENIEUR

Photo courtesy of Ricky Fong Ten Fook

The UNSGAB commits to: stakeholders meet their objectives under


Creating an occasion for a dialogue focusing the Hyogo Framework;
on water and disasters in the South Asian ISDR and WMO step up their disaster
area in the eventuality that a Board meeting preparedness efforts;
can be organised in the region; Partners participating in the Special
Encouraging the co-operation between Thematic Session on Water and Disasters
UNSGAB and UN Office for International act on the commitments made;
Strategy for Disaster Reduction (ISDR) with All levels of Governments strengthen public
support of HELP/UNSGAB in ensuring that education and increase response capacity
HLEP/UNSGAB goals, objectives, lessons on disaster prevention and reduction; and
learned and best practices from the 2009 All countries pay attention to capacity
report are mainstreamed into the mission building in formulating national disaster
of the UN system; reduction planning and strategies including
Encourage the creation of specific dialogues with a focus on training staff and reducing
on lessons learned and best practices in health and safety risks while training staff
response to water related disasters; to qualify for disaster prevention.
>> At UN (GA and ECOSOC),
>> At the 7th World Water Forum in Korea Conclusion
in 2015,
With water supplies remaining fairly constant
>> At relevant ISDR, World Meteorological
and with its uneven distribution over the region
Organization (WMO), FAO, UN-Habitat
and different times of the year, the increasing
meetings, and
demand owing to population expansion, increasing
>> At the Milan 2015 exhibition (Expo
agricultural demand, industrial use, power
Milano); and
generation etc., the equation between demand
Within the existing resource constraints,
and supply is an intricate one. The Hashimoto
assist HELP/UNSGAB to strengthen its
Action Plan sets the right direction for managing
functions in implementing its Action Plan
the future optimum use of water resources.
which will include continued advocacy
toward tangible, numerical targets for ACKNOWLEDGEMENT
disaster risk reduction as part of the post- The author wishes to thank the Division for
MDG and SDG. Sustainable Development of UNs Department for
The success and impact of these efforts will Economic and Social Affairs for the permission to
also depend on actions by others such as: publish this extract of the Hashimoto Action Plan
National and local Government s, III. For detail information, please refer to www.
civil society, private sector and other unsgab.org.

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TRANS-BOUNDARY
WATER CO-OPERATION &
INTERNATIONAL WATER
LAW

REPORT
By Tan Moi Kwan

W
ith the increasing demand for water 21 countries lie entirely with international basins.
among countries sharing common Treaties on trans-boundary water management
water basins, competition for water use require close co-operation among the riparian
is getting more intense as populations expand countries sharing a common river basin. History
along with greater land use among the riparian of water treaties can be traced back thousands
countries. It was reported in UN WATER that of years where disputes among countries were
over the last 50 years, there have been 37 acute settled through agreements. One quoted example
disputes involving violence over water disputes was the water dispute between neighbouring
and 150 treaties signed. The UN believes that nations along the Tigris River that was settled
water disputes should be handled diplomatically. through some form of agreement few thousand
The Mekong River is a good example where years ago.
water sharing (between Cambodia, Laos, Thailand There are some questions related to the force
and Vietnam) is being managed cordially under the of law on these treaties but many of them serve
Mekong River Commission. The UNDP report 2006 their purpose well. Some of the main treaties and
provided the breakdown of sectorial distribution doctrines of interest used among the riparian
of 145 agreements on trans-boundary water countries are listed below for reference.
resources in relation to:
The Doctrine of Absolute Integrity
a. hydropower(39%)
A state may not alter the natural flow of waters
b. water utilization (37%)
passing through its territory in any manner which
c. flood control (9%)
will affect the water in another state.
d. industrial allocation (6%)
e. navigation (4%) Doctrine of Limited Territorial Sovereignty
f. pollution (4%) and Conforms to the general legal obligation to use
g. fishing (1%). ones property in a manner which will not cause
Geographically, a total of 145 countries have injury to others.
their territories within international basins and

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The Mekong River is a good example where water sharing (between Cambodia, Laos, Thailand and
Vietnam) is being managed cordially under the Mekong River Commission. (Picture from Wikimedia.org)

Doctrine of the Communality of International Harmon Doctrine of Absolute Sovereignty


waters (outdated and redundant)
A community or riparian communalism of interest The absolute freedom of a riparian state, often the
between or among basin states, and treats the uppermost riparian, to utilize the waters flowing
total volume of basin water as a shared resource. through its territory, regardless of the effect of its
actions on other riparian states.
The Doctrine of Corrective Rights
The emphasis is on the most efficient utilization Convention on the Law of the Non-navigational
of joint water resources, rather than on ownership uses of International Watercourses
rights. This applies to uses of international watercourses
and of their waters for purposes other than
Doctrine of Equitable Use
navigation and to measures of protection,
Requires the interests of all riparian countries to
preservation and management related to the
be taken into account when allocating and using
uses of those watercourses and their waters.
the waters of international water courses.
The general principles cover equitable and
UN convention on the Law of Non-navigational reasonable utilization and participation. One of
uses of International Water Courses the articles covers protection and preservation
This provides a common framework for co- of ecosystems, regular exchange of data and
operation within International river basins. information and prevention of pollution. The
settlement of disputes is by peaceful means
Convention on the Protection and Use of Trans- through mediation or conciliation by a third party
boundary and International Lakes or to submit the dispute to arbitration or to the
Aims to improve national attempts and measures International Court of Justice.
for protection and management of trans-boundary
surface waters and ground waters. WATER CO-OPERATION
Espoo Convention of 1991 At the UN-Water Decade Programme on
Parties shall take all measures to prevent , reduce capacity development (UNW-DPC) organised by
and control significant adverse on trans-boundary High Level Panel 6 on water co-operation and
environmental impact from proposed activities. capacity building in 2013, it was concluded that

6
62 VOL
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effectiveness of capacity development of water countries. The pooling of resources may help
co-operation should be needs-based and entail to achieve greater impact with given funds,
capacity needs assessment among others. particularly where funds are not sufficient to build
The key points mentioned were as follows: effective institutions at the national level. Creating
Water Co-operation for Human Development. regional institutions and mechanisms with the
Water is a key factor that contributes to economic right capacity would be a step forward in many
growth, social inclusion, peace, stability and basins.
the reduction of hunger and poverty. Water In addition to the points above, the following
cooperation must include all interest groups and key points were highlighted:
stakeholders. Investment in womens capacity Putting water co-operation into practice is a
development for achieving water security needs challenging task which can be supported by
to focus on empowering women, especially those capacity development;
from disadvantaged communities. It is also Capacity development must go beyond
important to build on existing capacity, and not human capacity development and set
to ignore the skills and the capacity that already greater focus on institutional capacity
exists. Vocational training is considered an development; and
important element. International organisations can play an
Water Co-operation for Economic Benefits. important role in facilitating institutional
The key to water co-operation for economic capacity development and supporting
benefits is that the benefits are clear. The drivers water cooperation.
for water co-operation often lie outside of the
water box. Taking a broader perspective, economic THE WAY FORWARD
benefits may also be achieved where water is just
The UN 2030 Agenda for Sustainable Development
one element of the co-operation, e.g. the virtual
has set a standalone Sustainable Development
water traded in agricultural goods may free some
Goal No. 6 by 2030 to ensure availability and
water resources for other economic activities.
sustainable management of water and sanitation
Addressing issues such as water recycling and
for all. The goal covers, among others, the
reuse can lead to greater resource efficiency and
increase of water use efficiency and integrated
economic benefits, provided effective policies and
water resources management at all levels,
regulations are in place ensuring that risks are at
including through trans-boundary co-operation as
a minimum. Many water problems entail elements
appropriate. It also calls to expand international
of inefficiency, be it with regards to drinking water
co-operation and capacity building support to
supply, irrigation, or water resources management
developing countries in water and sanitation-
at large. Co-operation and co-ordination between
related activities and programmes.
different sectors can help improve efficiency and
For this to take place in an effective manner
lead to greater economic benefits.
among countries sharing trans-boundary water,
Water Co - operation for Ecosystems.
the co-operation structure and understanding
Ecosystems provide important services to
among riparian countries is vital so that water as
society, and to ensure their continued provision
a resource can be shared and used optimally.
requires Governments to protect ecosystems
and to take into account the water requirements
of these ecosystems. It has to be recognized REFERENCE
by Governments that intact ecosystems are UN Water Organization
an essential element of water, energy and food
Extract of Summary Report of UNW-DPC at the
security. Also with respect to adapting to the
High Level International Conference on Water Co-
effects of climate change, intact ecosystems play
operation 2013 with the permission of United
an important role.
Nations.
Water Co-operation across Boundaries.
Regional co-operation plays an important role International journal of China Studies Vol 6
in building capacity beyond that of individual Number 1 of ICS, University Malaya

63
INGENIEUR

INDEMNITIES
ENGINEERING & LAW

by Ir. Harbans Singh K.S.


P.E., C. Eng., Advocate and Solicitor (Non-Practicing)

Other than insurance requirements, almost all of Definitions/Meaning


the local standard forms of conditions of contract In order to fully comprehend the exact scope
incorporate express provisions requiring the and workings of indemnities, it is appropriate
contractor to indemnify the employer against third to examine some authoritative definitions/
party claims arising from carrying out of the contract pronouncements; a notable example being the
works.1 Some of these contracts also provide for the Dictionary of Construction Terms4 which defines
employer to indemnify the contractor against third an Indemnity to be:
party claims arising from defaults/omissions of the
employer and/or its authorised agents. In a similar The reimbursement of one party, the
vein to insurance, such indemnity clauses are indemnitor, of another, the indemnitee, under
essentially risk transfer arrangements between the an agreement to do so, or arising from principle
parties whereby the indemnifier assumes primary of law or statute
responsibility for the specified obligation and in the
process relieves the indemnified party of it.2 Often In the Construction Contracts Dictionary,5 the
confused with insurance provisions, indemnity learned author explains the meaning of the term
clauses are distinct both in terms of nature and Indemnity in the following fashion:
effect; the practical manifestation of which are that
they are legal instruments affording the indemnified 1 An undertaking by one party to make good
protection against possible loss or damage, or legal any loss, damage or liability incurred by
exemption from penalties incurred. another;

However, the right to indemnification of a person 2 The right of an injured party to be


as explained in Hudsons Building and Engineering reimbursed for its loss, damage or liability
Contracts3 can arise in three main ways, these from a person who has a duty to indemnify.
being:
In the construction industry, however, the
through a direct contractual agreement term is sometimes used loosely as a synonym
between the parties; or for Warranty under which a party (such as a
by implications by law; or specialist sub-contractor or supplier) is made
arising statutorily. directly liable to the building owner for defects or
other quality problems
Of these, since the first of the above three types
is more commonly encountered in practice, this The indemnity obligation can be formalised
write-up will address it in greater detail. either through suitably drafted Indemnity

1 See, eg cl 18.0 PAM Contract 2006 (With Quantities) and PAM Contract 2006 (Without Quantities).
2 See Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract p287.
3 (12th Edn, 2010) p 1294 para 10-26.
4 By Fenwick Elliott at p 143
5 By Chow Kok Fong at p 199.

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clauses or Indemnity contracts.6 Indemnity under a Contract of Guarantee, the
clauses are merely provisions in the contract guarantors (suretys) liability is collateral
spelling out the various elements of the to and dependent upon the liability and
particular indemnification obligation that is default of a third person. In short, it exists
required or agreed to by the parties, eg nature, side by side with another contract (eg, the
scope, entitlements, etc. Examples of these principal contract between the employer
have been adverted to before. and the contractor): Barclay Mowlem
Construction Ltd v Simon Engineering
Contracts of Indemnity (Australia) Pte Ltd;12
Indemnity contracts however are a distinctly
separate form of a legal document. Section 77 of mere labeling of the instrument is not
the Malaysian Contracts Act 19507 stipulates: conclusive of its nature and legal effect.
The instrument has to be construed as a
A contract by which one party promises to whole to establish whether it is in fact
save the other from loss caused to him by a Contract of Indemnity or a Contract of
the conduct of the promisor himself, or by Guarantee. The task is not made any easier
the conduct of any other person, is called a since it is common practice for a Contract
contract of indemnity. of Guarantee to also include indemnity
clauses;13
ILLUSTRATION
A contracts to indemnify B against the under a Contract of Indemnity, the
consequences of any proceedings which C may promisee is obliged to show the actual loss
take against B in respect of a certain sum of or damage suffered by it before it is entitled
RM200. This is a contract of indemnity. to be indemnified by the promisor: Sadlers
Co v Badcock.14 This is not strictly the case
Section 788 further provides for the entitlements for a Contract of Guarantee;15
of the indemnity holder against the promisor.
most insurance contracts are Contracts
Often confused with Contracts of Guarantee, a of Indemnity, the exceptions being life
Contract of Indemnity is however different in the and personal accident policies: Medical
following main ways:9 Defence Union Ltd v Department of
Trade.16 Since the Insurance Contracts are
under a Contract of Indemnity, the not Contracts of Guarantee, the insurers
indemnifiers liability is original and liability is independent of the principal
independent: Western Credit v Alberry,10 i.e. debtors default whilst a guarantors (or
the contract gives rise to an independent, suretys liability) is collateral in nature;
stand-alone obligation to keep harmless
against loss: Yeoman Credit Ltd v Latter;11

6 Or Contracts of Indemnity.
7 (Act 136) (Revised 1974).
8 Entitled Rights of Indemnity holder when sued.
9 See Chappell, Marshall, Powell-Smith & Cavender Building Contract Dictionary (3rd Edn) pp 206, 207.
10 [1964] 2 All ER 938, CA.
11 [1961] 2 All ER 294, 296, CA.
12 (1991) 23 NSWLR 451; see also Contracts Act 1950 s 79.
13 See Lee Mei Pheng Law of Guarantees p 14.
14 (1743) 2 Atk 554, 1 Wils 10.
15 See paras [2.11][2.15] above.
16 [1980] Ch 82 at 89. See also Poh Chu Chai General Insurance Law p 513.

65
INGENIEUR
whilst it is an essential feature of an respects. Some of these provisions have been
Insurance Contract being a contract included in the preceding section on Insurance20
uberrimae fidei (ie, of utmost good faith), and therefore will not be repeated here for the
this is not so for a Contract of Guarantee or sake brevity. Others are reproduced here below
even for a Contract of Indemnity (other than for ease of reference.
the Insurance Contract).17
PAM Contract 2006 (With Quantities):
Terminology Clause 18.0: Injury To Person Or Loss And/
The subject of indemnification is further Or Damage Of Property And Indemnity To
complicated by the lack of consistency in the Employer
terminology employed. Hence, one should be
mindful of the following: PAM Contract 2006 (Without Quantities):
Clause 18.0: Injury To Person Or Loss And/
for Indemnity contracts, the Malaysian Contracts Or Damage Of Property And Indemnity To
Act 1950 vide section 77, describes the person Employer
providing the indemnity as the promisor and
the person who receives the indemnity as the PAM Sub-Contract 2006:
promisee; Clause 19.0: Injury To Person Or Loss And/
Or Damage Of Property And Indemnity To
in the Dictionary of Construction Terms,18 Contractor
the party giving the indemnity is called
the indemnitor and the party receiving JKR Forms 203 & 203A (Rev 1/2010):
the indemnity is termed the indemnitee. Clause 14.0: Indemnity In Respect Of
A similar terminology is adopted in Blacks Personal Injuries And Damage To Property
Law Dictionary19 except that it also calls the
indemnitor an indemnifier; PWD Form DB (Rev 1/2010):
Clause 38.0: Governments Indemnity In
the local conditions of contract as adverted Respect Of Injury To Persons And Damage
to in this portion of the write-up do not To Property
adopt any particular labels; confining
these merely to the parties themselves, ie JKR Sarawak Form of Contract (2006):
contractor and employer; and Clause 24.0: Indemnity For Injury To
Persons And Property Damage
in view of the above, though the actual
terminology may vary but its purpose and Form CIDB.B(NSC)/2002:
effect should be construed in relation to the Clause 23.0: Third Party Liabilities and
particular reference or drafting employed. Indemnities

Contractual Provisions in Standard Forms CIDB Form (2000 Edition):


Most, if not all the local standard forms have Clause 35.0: Indemnity Provision
incorporated express provisions pertaining to
indemnity requirements. Often accompanying the Indemnity Clauses: Purpose
insurance clauses, these are usually confused Owing to the nature and complexity of engineering
with the latter although their scope, obligations and construction works, there is a real possibility
and procedural requirements are different in many of claims arising pursuant to some act, omission,

17 See Lee Mei Pheng Law of Guarantees p 15.


18 By Fenwick Elliott LLP p 143.
19 (9th Edn) p 837.
20 See paras [2.16][2.22] above.

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default or negligence of the contractor and/or there is a general presumption that unless
its sub-contractors. It can also happen that the very clear words are used,25 the indemnity
employer and/or its authorised agents21 are the will not be held to cover loss or damage
parties responsible for the defaults, omissions, caused by the indemnified partys own
acts or negligence giving rise to claims especially negligence: AMF International Ltd v Magnet
by third parties. Hence, it is common practice Bowling Ltd;26
for the parties to incorporate relevant indemnity
provisions in their contracts to protect themselves the second exception to the said
against such claims that are caused by the other. presumption is the situation that there is
Accordingly, one party will expressly undertake no other type of loss which the indemnity
the obligation to make good for defined damages, clause could have been intended to cover:
costs, losses, etc incurred by the other as a Dorset County Council v Southern Felt
consequence of one or more agreed events or Roofing Co Ltd;27
instances that are attributable to it or caused
by it. 22 Whilst, it is common practice in other an indemnity clause will also be strictly
jurisdictions for both parties to provide such construed in a situation where it seeks
indemnities, in Malaysia, it appears that the to hold a party liable for the defaults of
onus lies only on the contractors and the sub- any persons other than themselves and
contractors. over whom they have no control: City of
Manchester v Fram Gerrard Ltd;28
Indemnity Clauses: Construction
It is trite law that an indemnity clause is strictly the liability of a party under an indemnity
construed by the courts, ie by the application of clause does not crystallise until the loss
the contra proferantum rule of construction.23 In or damage suffered by the other party has
Walters v Whessoe Ltd and Shell Refining Co Ltd,24 been established: County and District
Lord Devlin stated: Properties Ltd v C Jenner & Son Ltd; 29
and
If a person obtains an indemnity against a
consequence of certain acts, the indemnity since it is from this time that the limitation
is not to be construed so as to include the period runs under the relevant Limitation
consequences of his own negligence unless Act or Ordinance,30 that an appropriately
those consequences are covered either drafted indemnity clause can effectively
expressly or by necessary implication. extend the period of limitation which would
otherwise apply.
Further and in addition to the above, the
following matters need to be taken due cognisance Nature of Claims and Contribution
of: A claim brought against an indemnifier31 by a
claimant 32 under an indemnity clause must

21 Ie consultants, contract administrators, etc.


22 See Chappell, Marshall, Powell-Smith & Cavender Building Contract Dictionary (3rd Edn) p 206.
23 See City of Manchester v Fram Gerrard Ltd (1974) 6 BLR 70.
24 (1968) 6 BLR 23 at 34.
25 Smith v South Wales Switchgear Co Ltd [1978] 1All ER 18.
26 [1968] 2 All ER 789.
27 (1989) 48 BLR 96, CA.
28 (1974) 6 BLR 70.
29 [1976] 2 Lloyds Rep 728.
30 Eg, Limitation Act 1953 (Act 254); Limitation Ordinance (Sabah Cap72); Limitation Ordinance (Sarawak Cap49).
31 Or Promisor or Indemnitor.
32 Or Promisee or Indemnitee.

67
INGENIEUR
establish on a balance of probabilities the In a similar vein, the nominated sub-contracts39
formers liability for all loss or damage suffered by reflect similar categories or by the nominated
the latter in respect of matters within the scope or subcontractor to the contractor itself.
ambit of the particular indemnity clause involved:
Chung Syn Kheng Electrical Co Ltd v Regional (1) Category One: Personal Injury or Death of Any
Construction Sdn Bhd.33 Person

The losses or damages recoverable may be This category is featured in almost all the local
reduced on account of the fault34 of the claimant standard forms of conditions adverted to before.
or of any person for whom the claimant is Notable examples are Clause 18.1 PAM Contract
responsible. Accordingly, the indemnifiers liability 2006 (With Quantities) PAM Contract 2006
of indemnification must be reduced in proportion (Without Quantities); Clause 14.1 JKR Forms 203
to the extent such fault has contributed to the & 203A (Rev 1/2010); Clause 24.1 JKR Sarawak
loss or damage being claimed: Nance v British Form (2006); Clause 35.1 CIDB Form (2006);
Columbia Electric Railway. 35 The courts have etc, although the drafting style and content are
interpreted the term damages in respect of dissimilar. The following pertinent points should
such clauses widely to include also loss of life be noted:
and personal injury: Harrison v British Railways
Board.36 the contractor bears a rather wide
and onerous burden arising from the
It is to be noted that the principle of contribution particular wordings employed in the
as adverted to above normally applies to claims various provisions; typical examples
arising under such indemnity clauses for causes being any damage, expense, liability,
of action involving tort and to a certain extent for loss, claim or proceeding in the PAM
breach of a contractual duty of care: Barclays 2006 Forms; all actions, suits, claims or
Bank Plc v Fairclough Building Ltd37 and is often demands, proceedings, losses, damages,
incorporated as an express provision in the compensation, costs (including legal costs),
contract itself.38 charges and expenses whatsoever . in
the JKR Form (Rev 1/2010), etc;
Nature and Extent of Indemnities under Express
Provisions the scope of the indemnity apparently
Under the standard forms of contract, the covers not only liabilities arising under
contractor assumes liability for and indemnifies the contract but even at common law
the employer against any liability arising out of and/or statute40 for the injury or death of
the execution of the works under the contract in any person arising out of, or caused by
respect of the following broad categories: the carrying out of the works under the
contract;
Personal injury or death of any person;
Injury or damage to property; the precondition to the crystallisation of the
Claims by workmen. contractors liability is premised on some

33 [1987] 2 MLJ 763 (Brunei).


34 ie the default, omission or neglect.
35 [1951] AC 601.
36 [1981] 3 All ER 679.
37 [1992] CILL 848.
38 See eg, cl 35.3 CIDB Form (2000 Edn).
39 Eg, PAM Sub-Contract 2006; JKR 203N (Rev 1/2010), etc.
40 See Clause 18.1 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities); Clause 24.1 JKR
Sarawak Form 2006.

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fault or default of the contractor. Here, the >> the contractor is liable unless the cause
different forms of conditions of contract of the injury or death can be attributable
have employed varying drafting styles in to the employer within the ambit of the
describing such fault or default; typical relevant provision;
examples being:
>> where both the contractor and
>> any negligence, omission, default and/ the employer are the cause of the
or breach of contract : Clause 18.1 injury or death, then there will be an
PAM Contract 2006 (With Quantities), apportionment of liability between
PAM C ontr ac t 20 0 6 ( W i thou t them in proportion to contribution to
Quantities); the cause;

>> any act, omission, breach or default >> generally, unless it is expressly provided
: Clause 14.1 JKR Forms 203 & 203A for to the contrary, the employer carries
(Rev 1/2010); Clause 38.2 PWD Form full liability for neutral or non-negligent
(Rev 1/2010). risks: Callaghan and Anor trading as RW
Construction v Hewgate Construction;45
In essence, even if not specifically mentioned
such fault or default extends even to negligence >> the contractor is not liable for parties
causing the personal injury or death: Sharpe v for whom the employer carries vicarious
ET Sweeting & Son Ltd;41 AC Billings & Sons Ltd liability in law: Clayton v Woodman &
v Riden.42 Son (Builders) Ltd.46 This includes its
employees and agents; and
It is trite that under this category of
Indemnity, the contractor is liable unless >> the category of persons envisaged does
the employer is proven to be so. The not include trespassers although there
contemporary development is that the are contrary views on this.47
contractors liability for indemnification is
generally excluded or reduced to the extent The contractors indemnities under this
that injury or death is caused by any act or category arise notwithstanding the fact
neglect of the employer or anyone for whom that it has taken insurance to cover its
the latter is legally responsible.43 This is liability for the matters that are required to
reflected in the relevant provisions of the be indemnified. Here, the following points
standard Forms, albeit in different drafting need to be noted:48
styles, e.g. Clause 18.1 PAM Contract
2006 (With Quantities), PAM Contract >> the insurance in question are either
2006 (Without Quantities); Clause 14.1 JKR stipulated in the contract to be taken
Forms 203 & 203A (Rev 1/2010); Clause by the contractor eg clause 19.1 PAM
24.1 JKR Sarawak Form (2006), etc. The Contract 2006 (With Quantities), PAM
net effect of such provisions is that:44 Contract 2006 (Without Quantities);
clause 15.0 JKR Forms 203 & 203A

41 [1963] 2 All ER 455, 1 WLR 655; and also Gallagher v N McDowell Ltd [1961] NI 26, CA.
42 [1958] AC 240, HL; cf George Hawkins v Chrysler (UK) (1986) 38 BLR 36.
43 Eg, third parties, consultants, etc.
44 See also Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract pp
288, 289.
45 (1995) 75 BLR 11, CA.
46 (1962) 4 BLR 65.
47 See Letang v Cooper [1965] 1 QB 232.
48 See Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract p 287.

69
INGENIEUR
(Rev 1/2010), etc or are purchased by (2000 Edn); Clause 21.1 IEM Forms CE.2011 and
the contractor on its own volition; ME.2012, etc. Particular cognisance should be
taken of the following matters:
>> in the former scenario, though the
insurance is procured by the contractor, again a seemingly wide and onerous
however the necessary premiums are obligation that is distinct from the other
essentially paid for by the employer.49 categories of Indemnity. However, its nature
Hence, these are to the employers and scope is somewhat limited by the ambit
account. Even in the latter case, the of the particular provision as it deals with
employer normally ends up paying injury or damage to property only;
as most contractors would factor the
premiums into the contract costs; and the generic label of injury or damage
to property is a mere umbrella phrase
>> it is also common for the contract that must be broken down and dealt
stipulations on insurance as adverted with separately to tie it in with the actual
to above to state that the insurance wordings adopted in the different conditions
obligations are without prejudice to of contract. Hence, injury or damage and
the contractors indemnities given property will be addressed separately;
under the contract.50 The legal and
practical effect of this stipulation is the first component injury or damage is
that should the contractor default variously described in the local forms of
(i.e., fail to procure the necessary conditions of contract; typical examples
insurance cover or fail to provide for are:
adequate cover or fail to maintain the
necessary cover) or any insurance >> in the PAM Contracts 2006 (With
procured is rendered ineffective or Quantities), PAM Contracts 2006
fails in total, the contractors liabilities (Without Quantities)51 the term used
for indemnification continue unabated is loss and/or damage for any kind
in full. This means that the contractor whatsoever;
will have to make the necessary
compensation or indemnification on its >> in the JKR/PWD Forms (Rev 1/2010)52
own. the description is loss, damage or
injury of whatsoever nature or kind;
(2) Category II: Injury or Damage to Property
>> in the JKR Sarawak Form (2006)53 the
This category of indemnification is also prevalent term used is only damage whatsoever;
in all the local standard forms of contract. Typical
examples include Clause 18.2 PAM Contract >> the CIDB Forms 54 employ the term
2006 (With Quantities), PAM Contract 2006 injury or damage of any kind;
(Without Quantities); Clause 14.1 JKR Forms 203
& 203A (Rev 1/2010); Clause 38.2 PWD Form >> the IEM Forms55 use the term loss or
DB (Rev 1/2010); Clause 24.2 JKR Sarawak damage.
Form of Contract (2006); Clause 35.2 CIDB Form

49 Usually as an item in the Preliminaries.


50 Under any other express provision.
51 Clause 18.2.
52 Clause 14.1/Clause 38.2.
53 Clause 24.2.
54 Clause 35.2.
55 Clause 21.1(1).

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It might be argued that each of the above >> is due to any negligence, omission or
terms is a legal term of art or alternatively default of the contractor or any person
are synonymous and a mere exercise of for whom the contractor is responsible.
semantics. Be that as it may, although the
general intent might be clear, the actual recapitulating from the above, the
meaning that needs to be ascribed to the contractors liability crystallises only when
particular term will need to be elicited from there is some fault or default on the part of:
the proper construction of the provision in
question. >> the contractor itself; and/or

as to the second component, here again >> any person for whom the contractor
there is a divergence in the various express is responsible, ie its agents, servants,
provisions; the common labels being: persons who may be on site in
connection with the works (eg, sub-
>> property real or personal;56 or contractors, nominated, domestic,
>> merely proper ty only 57 without novated, etc).61 It therefore excludes
expanding on its types. the employer and persons for whom
the employer is responsible, local
It is submitted that category two of the authorities, statutory undertakers, etc.62
indemnification is meant to cover both
real and personal property even if not so The fault or default must be of the type
expressly stipulated encompassing: stipulated in the particular conditions of
contract; these being:
>> land;
>> buildings, structures, etc.; >> negligence, omission, default and/or
>> the works;58 and breach of contract;63
>> personal chattels. >> act, omission, breach or default;64 and
>> negligence, omission or default.65
there is also a tendency of local forms
to expand the scope of indemnification The IEM 66 and CIDB Forms 67 do not
beyond the contract works to include also specifically mention any fault or default
any other property of the Employer;59 the on the part of the contractor as a pre-
caveat being that the injury or damage:60 condition to the attachment of liability but
merely state that such liability shall accrue
>> arises out of or in the course of or insofar as such injury or damage arises
by reason of the carrying out of the out of or in the course of or by reason of
execution of the works; and the execution of the works . Although
prima facie, general in wording, its scope

56 See cl 18.2 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities), etc.
57 See cl 14.1(b) JKR Forms 203 & 203A (Rev 1/2010).
58 See Surrey Heath Borough Council v Lovell Construction Ltd and Haden Young Ltd (1990) 48 BLR 108.
59 See cl 18.2 PAM Contract 2006 (With & Without Quantities), Clause 24.2 JKR Sarawak Form (2006), etc.
60 Ibid.
61 Including their agents or servants.
62 Chappell and Powell-Smith The JCT Design and Build Contract (2nd Edn) p 254.
63 See cl 18.2 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities), etc.
64 See cl 14.1(b) JKR Forms 203 & 203A (Rev 1/2010), etc
65 Clause 24.2 JKR Sarawak Form (2006).
66 Clause 21.1 IEM.CE 2011 and ME.2012 Forms
67 CIDB Forms (2000 Edn) and B.NSC/2002.

71
INGENIEUR
is actually very wide encompassing acts, in regard to the first exception above,
defaults, breaches, omissions and even most conditions of contract now expressly
some breaches of statutory duty.68 state that notwithstanding the presence
of the said exception, the contractors
notwithstanding, the apparently wide indemnities shall not be defeated nor
scope of the contractors said liability, it reduced in the event the employer or its
is nevertheless ameliorated by expressly contract administrators or their authorised
stipulated exceptions; these being mainly representatives have negligently caused or
in regard to: contributed to the loss or damage resulting
thereby.75 Here, it should be noted that:
>> those acts or defaults69 caused by the
employer and/or persons for whom the >> the persons subject to this provision are
employer is responsible;70 the employer, the consultants, contract
administrators or their authorised
>> those losses or damages caused by representative; and
specified perils where the employer has
assumed the risk under any insurance >> these persons are absolved of liability by
policies taken up by the latter;71 reason of any negligence or omission
on their part or in failing to supervise or
>> those arising upon the permanent use control the contractors site operations
or occupation of the works or any part or methods of working or temporary
of the works by the employer;72 and works, or to detect or prevent or remedy
defective work, or to ensure proper
>> those arising due to the unavoidable performance of any obligation of the
consequence of the contractors contractor under the contract.76
execution of the works or the making
good of the defects of the works in Despite attempts by employers to shift
accordance with the contract.73 the said liability to the contractor through
such express stipulations, it is clear that
D Chappell and V Powell-Smith in The the courts construe such provisions
JCT Design and Build Contract74 are of very strictly, often applying the contra
the opinion that the contractors liability proferantum rule of construction. In Arthur
does not also apply to loss or damage White (Contractors) Ltd v Tarmac Civil
to the works or materials on site Engineering Ltd,77 it was held that clear
up to the date of practical completion, words must be used by the employer to
partial possession of a particular part or allow it to enforce the indemnity clause
determination. notwithstanding the employers own liability
for negligence to the third party.

68 See Letang v Cooper [1965] 1 QB 232.


69 This includes negligence, omissions, etc..
70 See cl 38.2(b) JKR Forms 203 & 203A (Rev 1/2010), etc.
71 See cls 20B.1B.5 or 20C.1C.5 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities),
etc.
72 See cl 21.1(2)(a) IEM.CE 2011 and ME.2012 Forms.
73 See cl 21.1(2)(b) IEM.CE 2011 and ME.2012 Forms.
74 (2nd Edn) p 255.
75 See cl 18.4 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities); cl 24.4 JKR Sarawak
Form (2006), etc.
76 Ibid; see also Sukumaran v Building Construction Co (Malaya) Ltd [1969] 1 MLJ 233.
77 [1967] 3 All ER 586, [1967] 1 WLR 1508, HL; see also Walters v Whessoe Ltd and Shell Refining Co Ltd [1968] 2
All ER 816.

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for the employer to enforce the instant it generally permits the employer to
indemnity provisions, it must understand contractually compel the contractor to
that the onus and burden of proof is on it, reimburse it for any loss and expense
namely it must show that: incurred by it due to any claim made
against it by any workmen in respect of
>> there is an express stipulation in the compensatory payments at law eg under:
contract in regard to instant liability;
>> the Workmens Compensation Act
>> the express stipulation is valid and 1952;79 and/or
enforceable at law;
>> the Employees Social Security Act
>> the ingredients/elements of the said 1969;80 and/or
provision are satisfied, ie the contractor
is in default, etc; >> any other applicable law.

>> the said ingredients/elements are Such loss and/or expense to be


proven to the required standard of indemnified would encompass not only the
proof;78 compensation actually paid to the workmen
>> the exceptions to liability (if any) do not but any loss and expense incurred by the
apply; and employer in defending the workmens legal
action.81
>> the heads of liability and their quantum
are particularised and proven to the this category appears to be confined merely
said standard of proof. to claims by:

(3) Category III: Claims By Workmen >> workmen employed in and for the
execution of the works; and/or
A recent development in the country is for a
third category of indemnity to be incorporated in >> other person in the employment of the
the conditions of contract. Typical examples of contractor, nominated sub-contractor or
which include Clause 18.3 PAM Contract 2006 any sub-contractor.
(With Quantities), PAM Contract 2006 (Without
Quantities); Clause 19.3 PAM Sub-Contract 2006; Hence, generally, these cover all the
Clause 24.5 JKR Sarawak Form (2006); etc. The contractors and sub-contractors persons
following features, characteristics and principles employed for the purposes of carrying
need to be appreciated: out the works under the contract but
also those individuals who fall under the
the new category is essentially in regard to definition of workmen under the Workmens
the contractors liability pertaining to claims Compensation Act 1952 and employees
by workmen for compensation or damages under the Employees Social Security
payable at law due to any accident or injury Act 1969 expressly 82 or by necessary
caused to such workmen; implication. It excludes workmen directly
engaged by the employer, its employees,
its agents or its servants.

78 Which is the civil standard, ie more probable than not probable.


79 (Act 273) (Revised 1982).
80 (Act 4).
81 See also Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract at
293.
82 See cl 24.5 JKR Sarawak Form (2006).

73
INGENIEUR

Iconic Bridges & Buildings


ENGINEERING FEATURES

of Central Vietnam
By Chin Siew Yin

V
ietnam is a relatively
narrow country with a long
coast line stretching from
north to south of 5,000 km. It
takes almost two full days to
travel by express train from Ho
Chi Minh City in the south to
Hanoi city in the north. Tourists
often choose to visit either of Imperial Citadel
the cities and not many know
the old dynasty of Vietnam
with the ancient Hue city in
Statues of court officials
Central Vietnam as its capital. It guarding the Kings Tomb
remained the capital until 1945
when it moved to Hanoi after the
last king abdicated his throne
because he couldnt control the
French colonists who were the Visitors at the East Gate
real power base back then.

HUE CITY
The ancient Hue city retains
some of the old kings tombs
that were lavishly constructed
with a series of castle type Lavishly decorated interior of a
buildings and stone statues to Kings tomb. The sunset at back
guard them. The old Imperial Skilfully crafted timber work on
of the throne symbolizes the
Citadel (locals call it the corridor roof trusses
kings death.
Forbidden Citadel) or palace
was badly damaged during the
during the war is still on going with initially 12 family heads.
Vietnam War between the Viet
to restore the grandeur of the A niece of the sixth generation
Cong and the American forces
ancient era. of the Tran family, Mrs Tran
in 1968. However, the main
buildings and entrance gates ThiDao, who was the wife of a
Thanh Toan Bridge, Hue high ranking Mandarin during
of the Citadel are still intact
and are worth visiting. Many of Emperor Le Hien Tongs reign,
The ancient tile-roofed Thanh
the features resemble those contributed funds to build the
Toan bridge is situated in Thanh
of Beijings Forbidden City. wooden bridge across the canal
Thuy village; seven km from
Restoration work of several that runs through the village.
Hue City. Thanh Thuy village
buildings that were destroyed Now villagers from both sides of
was built in the 16 th century

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Plaque declaring the Thanh
Toan Bridge as a National
Thanh Toan Bridge has now become a tourist attraction where Heritage by the State.
tourists can experience the country lifestyle of a farming village
as well as appreciate the ancient tile-roofed wooden bridge. Photo to the 19th century. Its buildings
courtesy of Nguyen Minh Chau and its streets plan reflect the
influences, both indigenous
brick work. The architecture and foreign, that combined to
combines both Chinese and produce this unique heritage
Japanese features. Two rows of site. Most of the old shops and
wooden benches and inclined houses demonstrate Chinese
parapets were built on both side or Japanese architecture. They
of the upper deck for visitors to are built mainly of brick with
rest and lean on to enjoy the skilfully crafted wooden beams,
Miss Nguyen Minh Chau (a local canal scene.
villager) in the foreground. In walls and columns. There are
The wooden bridge has also several buildings of French
background villagers can be weathered storm, flood and
seen relaxing on the benches of architecture built with bricks
war over the last two centuries. making a big contrast with
the bridge admiring the scenic
Villagers periodically volunteer the old timber shop houses.
view.
to repair and restore it. Taking There are many narrow alleys
the canal could cross with ease cognizance of its rich historical and with souvenir shops and
as well as to rest on the bridge heritage value, the bridge eatery outlets catering to
bench during day or night. In underwent some preservation tourists.
appreciation of her gesture, and restoration work in 1991 The town is situated at a
the Emperor granted a few tax and was officially accorded delta consisting of several
exemptions to the villagers. National Heritage status by the waterways and canals. The
In 1925, Emperor KhaiDinh Cultural Ministry of Vietnam. river front of the town is well
ordered an altar to be built on decorated with lighting for night
the bridge to worship Mrs Tran HOI AN ANCIENT TOWN attraction and activities. We
ThiDao. Hoi An is an ancient town situated walked past a local folk game
The 17m long and 4m wide about 40 km south of Danang show called Bai Choi which is
tile-roofed bridge is a half city. Hoi An ancient town is an popular in the region. During
hexagon wooden bridge built exceptionally well-preserved the show, humorous songs
on wooden silts with decorative example of a Southeast Asian were sung by locals dressed in
entrances made of plastered trading port dating from the 15th traditional costumes.

75
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Going back to histor y,
the ancient town was once
the largest harbour port in
Southeast Asia in its early days
where spices and silk were
actively traded. The former
harbour town of the Cham at
the estuary of theThu Bon River
was an important Vietnamese
trading centre in the 16th and
17th centuries, where Chinese
from various provinces as
well as Japanese, Dutch and
Indians settled. During this
period of China trade, the town
was divided with the Japanese
settlement across the 16 th
century Japanese Bridge.
Hoi Ans prominence was
eroded when the French were
given the exclusive rights to
trade in the nearby port town
Houses of French influenced architecture at the river front of Danang. Danang became
the new centre of trade under
the French influence in central
Vietnam while Hoi An became a
forgotten backwater town. It was
also partly due to the river mouth
silting up making it difficult for
bigger vessels to berth., Hoi
An was half abandoned and
remained untouched over the
next 200 years.
Today, the town is a tourist
attraction because of its
A typical street of Hoi An River front history, traditional architecture
and crafts such as textiles
and ceramics. Many bars,
hotels, and resorts have been
constructed both in Hoi An and
the surrounding area. The port
and boats are still used for
fishing and tourism..
In 1999, the old town was
declared a World Heritage site
by UNESCO recognizing it as
a well-preserved example of a
Interior courtyard typical of old Southeast Asian trading port of
Street hawker, a common sight
houses with two air wells and in ancient Hoi An the 15th to 19th centuries, with
three segments of building. buildings that display a unique

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blend of local and foreign
influences.

Japanese Bridge, Hoi An


The iconic Japanese Bridge of
Hoi An was built in the 16th
century and officially opened
in 1719 by Lord Nguyen Phuc
Chu. The tile-roofed bridge was
built by the Japanese living on
one side of the canal in order to
connect with the mainly Chinese
settlement on the other side. It Side view of Japanese Bridge from the canal /Song Thu Bon river
was a symbol of peace. However, junction
the designer and the builder
remain unknown. Interestingly,
40 years after the bridge was
built, the Japanese were ordered
by the Tokugawa Shogunate to
return to Japan, thus closing
Japan to the outside world.
The bridge with its Zen-
inspired Japanese architecture
was blended with Chinese
features. There is a shrine in the
middle of the bridge dedicated to
the God of weather that controls Entrance to the bridge with decorative carvings
the weather which is important
to the locals considering the
seafaring traditions and the
adverse weather conditions
around Hoi An. There is a pair of
dog statues at one end of bridge
and a pair of monkeys at the
other entrance. It was believed
that the bridge commenced
construction in the year of the
monkey and was completed in
the year of dog according to the Close up view of the bridge Inside the Japanese Bridge
Chinese calendar. masonry piers showing the beautiful timber
The bridge is 60 ft in length trusses supporting the roof
and 15 ft wide. The bridge tiles. The shrine is on the right
sits on mason block piers and at mid span of the bridge.
mason abutments that ensure
its stability and durability. The
entrance to the bridge consists
of a decorated head piece with
name of the bridge crafted on it. Display of old photos next to
The Japanese Bridge has the shrine at mid span of the
undergone a few modifications bridge

77
INGENIEUR
over the centuries. At one
time, the French removed the
threshold and levelled the road
across the bridge to support
motorized vehicles. The bridge
was restored to its original
pedestrian bridge again in
1986.

DANANG CITY
Danang is Vietnam's third
largest city, located mid way
between Hanoi and Ho Chi
Minh City. It is the largest city
of Central Vietnam, sited at the
river mouth of Han River and is
one of the major port cities.
There are several UNESCO
World Heritage Sites within
100 km radius of Danang City
including the Imperial City of
Hue, the Old Town of Hoi An,
and the My Sonruins. It is the
third biggest economic centre in
Vietnam after Ho Chi Minh City
andHanoi.
During theVietnam War, the
city was home to a major air
basethat was used by both the
South Vietnamese and United
States Air Forces.The final US
ground combat operations in
Vietnam ceased on August 13,
1972, when a residual force of
the 196th Light Infantry Brigade
stood down in Danang. After
the US retreat, in the final stage
of war with North Vietnam,
Danang fell to the communist
forces at the end of March
Danang Dragon Bridge A on the eastern edge of the city.
1975.
new Icon The bridge was designed and
Today Danang is one of
built in the shape of a dragon
the fastest growing cities in This modern suspension bridge
and has since become an icon
Vietnam. From 2006 to 2010, crosses the Han River providing
of Danang.
Danang grew at an average of the shortest road link from the
Construction of the 666m
11% per annum, higher than Danang International Airport to
long, 37.5m wide six-lane
Vietnams annual growth rate of other main roads in Danang city,
Dragon bridge commenced in
7%. and a more direct route to My
2009 and was completed in
Khe Beach and Non Nuoc Beach
2013 at a cost of US$88m. The

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bridge was designed by the Dynasty, which ruled Vietnam a The majestic looking
US-based Ammann & Whitney thousand years ago. The dragon Danang Dragon Bridge a
Consulting Engineers with Louis is one of the most important new icon in Danang City
Berger Group. The main span symbols in Vietnamese culture.
was completed on October 26, It symbolizes power, nobility and
2012. The bridge was opened good fortune. The Dragon Bridge
to traffic on March29, 2013, is also a symbol for Danang's
the 38th anniversary of the grow th as an impor t ant
liberation of Danang City. transpor tation, educational
The dragon itself is modelled and cultural centre in Central
after one of the symbols of the Ly Vietnam.

79
INGENIEUR
ENGINEERING NOSTALGIA

Construction of the Gemas-


Rompin Road in 1956
By Cheo Hong Keyong

The Gemas - Rompin Road


was constructed by a JKR
departmental work force and
machineries in 1956. The above
photo was taken on February 9,
1956 during a site tour by the
then Minister of Works, Encik
Sardon bin Haji Jubir.
The photo shows a fleet of
earth moving scrapers moving
earth from adjacent hills to form
the road surface.
A Jabatan Penerangan
Malaysia office document from
that time claimed that with the
completion of the new road, the
distance between Gemas and The Gemas end of the road The Gemas-Rompin
Rompin would be shortened by entering from the junction Road in 2015
60 miles. with Federal Route 1
heading towards Rompin.
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