NON-TRADITIONAL SECURITY THREATS AND MANAGEMENT OF BORDER SECURITY IN : 2001-2016

BY

MUHAMMAD SYAHIR BIN MD ALI

A thesis submitted in fulfilment of the requirement for the master degree in political science

Kulliyyah of Islamic Revealed Knowledge and Human Sciences International Islamic University Malaysia

JANUARY 2019

ABSTRACT

This study examines Malaysia’s border security, its management and threats to Malaysian borders. The study is guided by the conceptual framework consisting of three interrelated concepts: border, security, border security management and securitisation and factors of border insecurity. The study employed qualitative and interpretative method of analysis. Official government documents, views of persons of interests, and academic writings were analysed. The study found that before 2001, generally, Malaysia faced traditional territorial disputes with its neighbours. However, after the September 11, 2001 incident, Malaysia faces non-traditional security threats such as maritime piracy, human trafficking and smuggling and international terrorism. The study also found that the socio-economic conditions of neighbouring states have contributed to the rise of piracy, human trafficking and smuggling and international ’s territorial waters. The Malaysian government has enacted legislations, laws and regulations to secure its borders. They include Prevention of Terrorist Act (POTA), Special Offences (Special Measures) Act (SOSMA), the establishment of Eastern Sabah Security Command (ESSCOM), Border Security Agency (AKSEM), and Malaysian Maritime Enforcement Agency (MMEA) as well as government-to-government (G2G) intelligence sharing initiatives. The study among others recommends introduction of biometric screening technology at entry points and more training for its border security personnel.

ii خالصة البحث

تناول هذا البحث موضوع أمن احلدود يف ماليزاي مت ضمنا إدارهتا والتهديدات املعرضة هلا. مت توجيه هذه الدراسة إبطار مفاهيمي مكون من ثالثة مفاهيم مرتابطة، وهي أمن احلدود، وإدارة أمن ومحاية احلدود، وعوامل انعدام األمن على احلدود. استخدم البحث طريقيت التحليل النوعية والتفسريية. مت حتليل الواثئق احلكومية الرمسية، ووجهات نظر األشخاص ذوي املصلحة، واملؤلفات األكادميية. وجدت الدراسة أنه قبل عام 2001، بوجه عام واجهت ماليزاي نزاعات إقليمية تقليدية مع جرياهنا. ومع ذلك فبعد حادثة 11 سبتمرب 2001، قد واجحت ماليزاي هتديدات أمنية غري تقليدية مثل القرصنة البحرية، واالجتار ابلبشر، والتهريب، واإلرهاب الدويل. وجدت الدراسة أي اض أن الظروف االجتماعية، واالقتصادية للدول اجملاورة سامهت يف ظهور القرصنة، واالجتار ابلبشر، والتهريب، واإلرهاب الدويل يف املياه اإلقليمية املاليزية. وضعت احلكومة املاليزية تشريعات وقوانني ولوائح لتأمني حدودها، واليت تشمل قانون منع اإلرهاب، وقانون اجلرائم اخلاصة )التدابري اخلاصة(، وإنشاء قيادة أمن والية صباح الشرقية، ووكالة أمن احلدود، ووكالة اإلجراءات البحرية املاليزية، وكذلك مبادرات تبادل املعلومات بني احلكومات. توصي الدراسة من بني بتوصيات ألّمرى إبدخال تكنولوجيا الفحص البيومرتي عند نقاط الدخول، والتدريب اإلضايف ملوظفي أمن احلدود.

iii APPROVAL PAGE

I certify that I have supervised and read this study and that in my opinion, it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Human Sciences (Political Science)

……………………………..……… Wahabuddin Ra'ees Supervisor

I certify that I have read this study and that in my opinion it conforms to acceptable standards of scholarly presentation and is fully adequate, in scope and quality, as a thesis for the degree of Master of Human Sciences (Political Science)

…………………………………..……… Tunku Mohar B Tunku Mokhtar Examiner

This thesis was submitted to the Department of Political Science and is accepted as a fulfilment of the requirement for the degree of Master of Human Sciences (Political Science)

…………………………………..……… Rabi’ah Aminudin Head, Department of Political Science

This thesis was submitted to the Kulliyyah of Islamic Revealed Knowledge and Human Sciences and is accepted as a fulfilment of the requirement for the degree of Master of Human Sciences (Political Science).

…………………………………..……… Shukran Abd. Rahman Dean, Kulliyyah of Islamic Revealed Knowledge and Human Sciences.

iv DECLARATION

I hereby declare that this dissertation is the result of my own investigations, except

Where otherwise stated. I also declare that it has not been previously or concurrently

Submitted for any other degrees at IIUM or other institutions.

Muhammad Syahir Bin Md Ali

Signature...... Date......

v

INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH

NON-TRADITIONAL SECURITY THREATS AND MANAGEMENT OF BORDER SECURITY IN MALAYSIA: 2001-2016

I declare that the copyright holders of this dissertation are jointly owned by the student and IIUM.

Copyright © 2019 Muhammad Syahir Bin Md Ali and International Islamic University Malaysia. All rights reserved.

No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below

1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.

2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.

3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.

By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.

Affirmed by Muhammad Syahir Bin Md Ali

……..…………………….. ……………………….. Signature Date

vi ACKNOWLEDGEMENTS

Praise be to Allah (SWT) for giving me the strength and ability to accomplish this task. With my most sincere heartfelt pleasure, I express my special thanks to my supervisor Prof. Dr. Wahabuddin Ra’ees for his tireless guidance, cooperation and inspiration and helping me during my long journey to finish this thesis. Without his guidance and encouragement I might not have finished this work on time.

I am indebted to the former Head of Department of Political Science, Assoc. Prof. Datuk. Dr Marzuki Mohamad for his suggestions, help and supports in completing this study. I also thank Dr. Tunku Mohar Tunku Mohd Mokhar for reading this work and valuable suggestions. I would also like to thank Dr. Khairil Izamin Ahmad, former Head of Department of Political Science, for his support and encouragement. My thanks and appreciations are also due to Prof. Dr. El Fatih Abdullahi Abdelsalam, Assoc. Prof. Dr. Ishtiaq Hossain, Assoc. Prof. Dr. Md Moniruzzaman, Assoc. Prof. Dr. S.M. Abdul Quddus, YB Dr. Maszlee Malik, Dr. Muhammad Fuzi Omar, Dr Muhammad Rashaad Bakashmar, and Dr. Rabi’ah Aminudin. I also thank my foundation lecturers, secondary and primary schools teachers, without help of all of my lecturers and teachers it would have been impossible for me to be whom I am today.

I greatly owe my gratitude to my family members especially my perseverance wife, Siti Nooruqayah Bt Mat Yim in giving me everlasting support despite many difficulties I faced in completing this study. Without her support and perseverance, I might not have been able to reach the end of this long and tiring journey. In addition, thank you for the beautiful gift, an addition to our little family that makes this journey a little bit easy, thank you for Zayd Harith. I also want to express my gratitude to my parents; Md Ali Bin Badri and Nooraini Bt Shamsuddin for their constant prayers until the impossible is happening. I also express my thanks and gratitude to every member of my family as well as friends whom kept on supporting and helping me in completing this study. Only Allah (SWT) could reward everything everyone who assisted me. Indeed this following Quranic phrase kept me going on until I finished this study:

“So be patient. Indeed the Promise of Allah is Truth” Ar Rum (30:60)

As a Muslim, we must be patient and put our hope in Him, only He knows what lies upon us and what is best for us.

vii TABLE OF CONTENTS

Abstract ...... ii Abstract in Arabic ...... iii Approval Page ...... iv Declaration Page ...... v Copyright Page ...... vi Acknowledgment ...... vii Table of Contents ...... viii List of Figures ...... x List of Tables ...... xi List of Abbreviations ...... xii

CHAPTER ONE: INTRODUCTION ...... 1 1.1 Background Of The Study ...... 1 1.2 Statement Of The Problem ...... 3 1.3 Research Questions ...... 3 1.4 Research Objectives ...... 4 1.5 Significance Of The Study ...... 4 1.6 Literature Review ...... 5 1.6.1 Literature on Malaysia’s Border Security ...... 5 1.6.2 Literature on Malaysia’s Border Management ...... 8 1.7 Conceptual Framework...... 10 1.7.1 Border ...... 11 1.7.2 Border Security ...... 12 1.7.3 Border Security Management ...... 14 1.7.4 Securitisation and Factors of Border Insecurity ...... 16 1.8 Argument Of Study ...... 22 1.9 Methodology ...... 23 1.10 Chapter Outline ...... 23

CHAPTER TWO: HISTORY OF MALAYSIA’S BORDER SECURITY ..... 25 2.1. Introduction ...... 25 2.2. Malaysia After 1957 ...... 25 2.3. Malaysia And Its Neighbours ...... 27 2.3.1. Malaysia-Thailand Border Issue ...... 28 2.3.2. Malaysia-Philippines Border Issue ...... 31 2.3.3. Malaysia-Singapore Border Issue ...... 34 2.3.4. Malaysia-Indonesia Border Issue ...... 37 2.4. Management Of Border Disputes Between Malaysia And Its Neighbours ...... 42 2.4.1. Malaysia-Thailand Joint Development Agreement ...... 43 2.4.2. Malaysia-Singapore Pedra Branca/Pulau Batu Puteh Dispute Resolution ...... 44 2.4.3. Malaysia-Indonesia Conflict Resolution ...... 45 2.5 Conclusion ...... 48

viii CHAPTER THREE: BORDER SECURITY IN MALAYSIA: THREATS AND CHALLENGES...... 50 3.1 Introduction ...... 50 3.2 Background Of Border Security In Malaysia ...... 50 3.3 Malaysia’s Border Security Post-September 11, 2001 ...... 53 3.3.1 Maritime Piracy ...... 53 3.3.2 Human Trafficking and Smuggling...... 60 3.3.3 International Terrorism ...... 65 3.3.4 Border Dispute ...... 70 3.5 Conclusion ...... 71

CHAPTER FOUR: DISCUSSION ON MALAYSIA’S BORDER SECURITY MANAGEMENT POLICIES ...... 73 4.1. Introduction ...... 73 4.2 Functions Of Border Security ...... 73 4.3 Malaysia’s Border Security Management ...... 77 4.3.1 Prevention of Crime Act 1959 ...... 77 4.3.2 Prevention of Terrorism Act 2015 ...... 79 4.3.3 Security Offences (Special Measures) Act 2012...... 80 4.3.4 National Security Council Act 2016 ...... 81 4.3.5 Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 ...... 83 4.3.6 Malaysian Border Security Agency (AKSEM: Agensi Kawalan Sempadan Malaysia) ...... 86 4.3.7 Malaysian Maritime Enforcement Agency (MMEA) ...... 88 4.3.8 Eastern Sabah Security Command (ESSCOM) ...... 93 4.3.9 National Security Operations Force (NSOF) ...... 97 4.3.10 Regional Cooperation ...... 99 4.3.11 International Cooperation ...... 105 4.4 Conclusion ...... 107

CHAPTER FIVE: SUMMARY, FINDINGS AND COMMENDATIONS ..... 108 1. Biometric Screening Technology ...... 110 2. Skilful Border Control Personnel ...... 111 3. New Technology ...... 113

REFERENCES ...... 116

ix LIST OF FIGURES

Figure No. Page No. 2.1 Map of Malaysia 26 2.2 Malaysia-Thailand Border 28 2.3 Area of Overlapped Claim Between Malaysia 30 and Thailand 2.4 Malaysia-Philippines Disputed Area 31 2.5 Location of Pedra Branca 35 2.6 Map of Indonesia 37 2.7 Entry Point of Indonesian Army in Johor 39 2.8 Entry Point of Indonesian Army in Sarawak 40 2.9 Malaysia 1979 Map41 2.10 Malaysia-Thailand Joint Development Area (MTJDA) 43 3.1 Spread of Rohingya inside and outside Myanmar 62 3.2 Infographic of Smuggling Turned Trafficking of Rohingya 63 3.3 Location of Lahad Datu 67 4.1 Location of AKSEM’s Headquarter 88 4.2 MMEA Maritime District in Peninsular Malaysia 92 4.3 MMEA Maritime District in Borneo Island 93 4.4 Special Security Areas of ESSCOM 94 4.5 ASEAN Member Countries 100

x LIST OF TABLES

Table No. Page No. 3.1 International Maritime Bureau Annual Piracy and Armed Robbery Reports 2003-2017 55 3.2 Piracy Cases in Eastern Sabah 58 4.1 Penalty imposed by Act 670 84 4.2 MMEA Maritime District Locations 91

xi

LIST OF ABBREVIATIONS

AKSEM Agensi Kawalan Sempadan/ Border Security Agency AMDA Anglo-Malaya Defence Agreement ASEAN Association of Southeast Asia Nations ASEANAPOL ASEAN Chief of National Police ASG Group ATiPSOM Anti Trafficking in Persons and Anti- Smuggling of Migrants Act AU African Union BBC British Broadcasting Cooperation CBM Collaborative Border Management CCTV Closed Circuit Television Camera CIA Central Intelligence Agency CSR Corporate Social Responsibility DWIKORA Dwi Komando Rakyat EEZ Exclusive Economic Zone EiS Eyes in the Skies ESSCOM Eastern Sabah Security Command ESSZONE Eastern Sabah Security Zone EU European Union FBI Federal Bureau of Investigation FRONTEX European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union GAM Gerakan Acheh Merdeka HQ Headquarter ICJ International Court of Justice IMB International Maritime Bureau INTERPOL International Police ISIS Islamic State of Iraq and Syria JI

xii KLIA 2 Kuala Lumpur International Airport 2 LCS Littoral Class Ship MAPHILINDO Malaysia-Philippine-Indonesia cooperation MMEA Malaysia Maritime Enforcement Agncy MNLF Moro National Liberation Front MoU Memorandum of Understanding MTJA Malaysia-Thailand Joint Authority MTJDA Malaysia-Thailand Joint Development Area NATO North Atlantic Treaty Organisation NGO Non-Governmental Organisation NSA National Security Act NSC National Security Council NSOF National Security Operation Force NTS Non-Traditional Security Threats OKK Orang Kaya-Kaya PAP People Action Party PASKAL Pasukan Khas Laut/ Navy Special Force PASKAU Pasukan Khas Udara/ Air Force Special Force PDRM Polis Diraja Malaysia/ Royal Malaysian Police PH Pakatan Harapan (Coalition of Hope) POCA Prevention of Criminal Act POTA Prevention of Terrorism Act ReCAAP Regional Cooperation in Combatting Piracy and Armed Robbery RMA Royal RMN SOSEK-Malindo Socio-Economic Agreement of Malaysia and Indonesia SOSMA Special Offences (Special Measures) SSA Special Security Area STAR Special Task and Rescue TNKU Tentera Nasional Kalimantan Utara TVPA Trafficking Victims Protection Act UAV Unmanned Aerial Vehicle

xiii UNCLOS United Nations Convention on the Law of the Sea UPP Unit Pencegahan Penyeludupan/ Smuggling Prevention Unit USA United States of America USCG United States Coast Guard USSR Union of Soviet Socialist Republics WAO Women’s Aid Organisation WTC World Trade Centre WWI World War One WWII World War Two

xiv CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

The issue of border security has become a concern for Malaysia since the event of

September 11, 2001 in the USA. Since independence, Malaysia has been able to keep its borders secured despite threats. Communist insurgency in the 1970s-1980s, the 13th

May 1969 incident and the 1977 MH653 Malaysia Airline tragedy are instances where

Malaysia’s internal stability and border security have been threatened. Even though

Malaysia’s neighbours are struggling to handle the spill over effects of September 11,

Malaysia has remained stable.

In recent times, Malaysia has been threatened by several external forces that directly affected its sovereignty and safety of its territories and caused fear among

Malaysians. The period between 11th February to 23rd March 2013 has changed

Malaysians as well as the government’s perception in re-emphasising the importance of border security as part of Malaysian government’s national security agenda. It was a calm day as usual until the Sabahans sensed that something had gone wrong when they realised that the few boats carrying gunmen that came to their village in Felda Sahabat,

Lahad Datu had caused havoc by declaring themselves as the rightful owners of East

Malaysian State of Sabah. The rebel group claimed that their history book stated that the State of Sabah was part of their land and they were obliged to claim it for their predecessors. The loose border control was among the factors that contributed to the incursion from the Jolo region of Southern Philippines. This incident had killed at least

1 6 civilians, 10 brave men from the Malaysian security forces and 56 intruders (Astro

Awani, 30 December 2013).

Besides the heart-crushing incident that took the lives of Malaysia’s bravest men, a few other incidents had taken place across Malaysian borders which span out over almost 4,800 kilometres. For instance, the discovery of mass graves along Malaysia-

Thailand border in the north alarmed the nation of the threat of human trafficking using

Malaysian space and territories. Hundreds of undocumented migrants were brought in by human traffickers and tortured. The Rohingya crisis in Myanmar and the incident of human trafficking using Malaysia’s territory created more concern about border security in Malaysia.

In addition, piracy also threatened Malaysia’s maritime border. In 2015, a

Malaysian registered oil tanker, Mt Orkim Harmony, was unexpectedly being hijacked by eight armed Indonesian pirates. The tanker, on its usual schedule from Malacca to

Kuantan port carrying approximately 6,000 tonnes of Ron 95 petrol which valued around RM22 million, was hijacked at Tanjung Sedili, Johor. A few days before the hijacking of the oil tanker, the Mt Orkim Victory tanker carrying diesel was also hijacked and the fuel was siphoned out by the hijackers. These two incidents had caused major loss to Malaysia’s oil company; Petronas and to Malaysia in general and raised concern about Malaysia’s maritime security.

The Lahad Datu incursion, human trafficking and piracy threatened Malaysian borders. All in all, Malaysia has become vulnerable to threats of international terrorism that uses its borders to attack. Therefore, it is essential to investigate the nature and types of threats to Malaysian borders.

2 1.2 STATEMENT OF THE PROBLEM

Malaysian borders are relatively stable and secure. Incidents such as the Lahad Datu incursion, human trafficking through air, water and land and the hijacking of Malaysian registered oil tankers within Malaysian waters have made Malaysia’s borders vulnerable to external threats. International terrorist organisations and groups such as

Al-Qaeda, Daesh or the Islamic State have penetrated and attracted support through

Malaysia’s neighbours. Therefore, this study examines the non-traditional security threats to Malaysian borders and how Malaysia’s security forces manage security of its borders. It also examines the challenges Malaysia is facing along its borders, how the government addresses these issues and how effective the government’s responses are.

The issue of border security is an integral part of Malaysia’s national security agenda as border security is the first line of Malaysia’s defence.

1.3 RESEARCH QUESTIONS

This study answers the following questions:

1. What are the non-traditional security threats Malaysia’s border security

forces encountered along its (land, air and maritime) borders?

2. Why did incidents of armed incursions, piracy, human trafficking and

terrorism take place along Malaysian borders?

3. Does Malaysia have effective border security management mechanism? In

other words, are Malaysia’s border security policies and institutions

effective to deter non-traditional security threats along its borders?

3 1.4 RESEARCH OBJECTIVES

The objectives of the study are:

1. To examine the threats Malaysia’s border security forces encounter along

its land, air and maritime borders.

2. To discuss the reasons behind incidents of armed incursions, piracy, human

trafficking and terrorism along Malaysian borders.

3. To analyse the effectiveness of Malaysia’s border security management

mechanism in addressing non-traditional security threats along its borders.

1.5 SIGNIFICANCE OF THE STUDY

This study is significant due to several reasons. Firstly, the lack of any comprehensive study on Malaysia’s border security management indicates that this topic has not been explored enough by researchers. Secondly, the available literature pertaining border security of Malaysia is discussed as a minor subject compared to other security issues in Malaysia. Thirdly, the literature suggests that Malaysians perceive border security as a secondary issue and Malaysia’s actions are largely reactive in nature. Fourth, this study will further encourage more research on Malaysia’s border security. Lastly, the study puts more emphasis on border security threats after September 11, 2001 due to several reasons, for instance the September 11 incident had somehow shifted the focus of security studies experts from state-to-state traditional security threats to a more complicated non-traditional security threats (NTS) which are posed by non-state actors.

The threats of terrorism by extremist movement, threats of piracy, human smuggling and trafficking towards a country are taking the centre stage of security studies in post-

September 11, 2001 era. Therefore, it needs more attention than traditional security threats.

4 1.6 LITERATURE REVIEW

This study examines border security in Malaysia and Malaysia’s policies of management of its border security. Therefore, two types of literature are reviewed in this section. First, literature on Malaysia’s border security is reviewed. Second, literature on Malaysia’s management of its borders is discussed.

1.6.1 Literature on Malaysia’s Border Security

Zulkifeli (2016), argues that post-September 11, 2001, Malaysian borders are constantly threatened by non-traditional security threats, for instance terrorism, human trafficking and piracy. Besides that, he also affirms that Malaysia faces traditional security threats, for instance overlapping claims over Malaysia’s water by its neighbours. In addition,

Schofield and Storey (2005) in agreement with Zulkifeli, give an example of the

Ambalat dispute between Malaysia and Indonesia mainly because of the energy resources available there. Meanwhile, Tkachenko (2016), cites a multinational territorial dispute among states in South China Sea over Spratly Island which include

China as a threat to Malaysia’s sovereignty and its border security. For Mohamad

Faisol, Md. Shukri and Mohd Na’eim (2009), the traditional threat to Malaysian border and its national security comes from its tiny neighbour in the south, the State of

Singapore. They emphasise that the rapid development of Singapore’s military technology and capability is threatening Malaysia. With advanced technology developed by Singapore, Malaysia must strengthen its borders to deter possible threats from the island state which is unlikely due to the complex interdependence relationship between both countries.

Stanlas (2010), Hoffstaedter (2014) and other academics argue that post-

September 11, 2001 saw the dominance of non-traditional security threats in the field

5 of security studies. According to Caballero-Anthony and Cook (2013), states in Asia are gradually shifting their attention to non-traditional security threats by outlining several possible threats posed by the non-state actors. These include natural disaster, health security, food security, and forced migration due to internal conflicts such as violence in Myanmar and Southern Thailand. They also include transnational criminal activities such as trafficking ring, piracy and terrorism. Besides that, Hameiri and Jones

(2015) view non-traditional security threats as borderless threats in the sense that when it happens, it is not confined to a specific country or contained within the country, but the effect or even the threat itself is beyond the borders of a state. Hameiri and Jones used the examples of how Southeast Asian states are experiencing the haze problem and the increase of terrorist activities in the region. Therefore, Malaysia is not excluded from being subjected to such threats.

As for Stanlas (2010) focuses on the threat of human trafficking through

Malaysian borders and argues the increase of human trafficking cases is taking place in

Malaysian territories and simultaneously sparking the debate on the effectiveness of its border control. Hoffstaedter (2014) is in agreement with Stanlas when he suggests that the movement of smuggling and trafficking victims is common across Malaysian borders which may cause further problems to its socio-economic stability. According to Rowe and O’Brien (2014), the rising influx of refugees and human trafficking cases along Malaysian borders is mainly due to the spill over effects of internal crises in neighbouring states in the region. For example, the Rohingya ethnic cleansing crisis is one of the reasons Malaysian borders are flooded with refugees and human smuggling and trafficking victims. Furthermore, Mohd Noor et al. (2017) provide the facts and figures on the severity of human trafficking cases at Malaysian borders. They describe the discovery of mass graves at the Malaysia-Thailand entry point of Wang Kelian, in

6 which 165 bodies were unearthed from at least 28 human trafficking camps. It took three months for Malaysian authorities to identify the victims.

Moreover, piracy is also a main concern of Malaysian border security. R.He

(2009) emphasises the importance of the Straits of Malacca with thousands of commercial ships using the route. She believes that piracy activities and maritime terrorism are constantly threatening traders. Furthermore, according to Long (2011),

Malaysia, Indonesia and Singapore are facing piracy issues at their borders with many cases reported in recent decades. Similarly, Purbrick (2018) and Unlu (2006) add that among the dangerous areas are the Sulu-Celebes sea and the Straits of Malacca with pirates combining the act of piracy with maritime terrorism as their modus operandi especially after the events of September 11, 2001. In addition, Wu and Zou (2014) point out the rise of piracy cases in the Straits of Malacca and believe that such criminal activities are also rampant in the South China Sea, especially along Malaysia’s east- coast area. Lastly, Teo (2007) states that September 11 had a big impact on the rise of piracy activities in the Straits of Malacca and claims that it is in jeopardy of “war, strikes, terrorism and related perils” (p. 541).

Besides piracy and human trafficking, terrorism is also one of the security threats to Malaysian borders. Sidel (2008) states that terrorism in Southeast Asia is significantly decreasing due to lack of support from the people. However, Gunaratna (2004) argues that the region is facing rising threats of terrorism and lack of realisation on the significance of border control could worsen its effects. Added to the point, Humphreys

(2010) says that the trend of terrorism is quite alarming especially with the spread of

Al-Qaeda in the region. The existence of Al-Qaeda cells in the Philippines and

Indonesia is an indication that Malaysia should strengthen its border management to prevent future threats. Besides that, Chanintira (2017) who studied the secessionist

7 movement in the Philippines and Thailand, claims that these has caused spill over effects on the borders of Malaysia in which terrorist activities are taking place, like the bombing at the border of Kelantan and the incursion in Lahad Datu, Sabah.

There are several examples of terrorist threats to Malaysian border and national security. Parameswaran (2016) argues that the hijacking of MH370 shows the weakness of Malaysia’s airport security after investigation shows evidence of possible terrorists spotted aboard the flight with fake passports and identification. It should not happen in the first place if Malaysia’s security forces were already flagged with the existence of these suspicious individuals. In addition, Jasmine and Kennimrod (2016) took the 2013

Lahad Datu Incursion as an example of terrorism in this part of the region and the weakness of Malaysia’s border management in preventing it from happening. The incident had killed at least 60 individuals from both sides including civilians.

Besides, smuggling of goods is constantly threatening Malaysian borders. Fauzi,

Norehan, Hussin and Selamah (2013) discuss the never-ending smuggling of goods across Golok River in Kelantan including taxable goods such as rice, cigarettes, cooking oil, and petroleum. As a result, the government has lost its power to impose taxes which may bring in revenues. Besides smuggling of household goods, Witarti (2012) says the loose borders of Malaysia have allowed the smuggling of dangerous weapons such as handguns and small machine guns. She gives an example where guns were smuggled from the Philippines into Kalimantan, Indonesia during the ethnic unrest taking place there, thus fuelling up the conflict.

1.6.2 Literature on Malaysia’s Border Management

Jasmine and Kennimrod (2016) states that after the Lahad Datu Incursion, the

Malaysian authority had improved its border management. For instance, the declaring

8 of a security area called Eastern Sabah Security Zone (ESSZONE) and the establishment of Eastern Sabah Security Command (ESSCOM) are reactive policies to the incursion. In addition, the government also extended its capability in managing eastern Sabah by establishing community outreach with the Bajau-Laut people as the eyes and ears of the security forces (Jasmine & Kennimrod, 2016). The community outreach programme was discussed by Rahmah and Abdullah (2017) who say that the only way to fight security breach along the border is by educating the border community on the potential threats. They also emphasise the significance of Non-Governmental

Organisations (NGOs) in educating the community. Additionally, Fauzi, Norehan,

Hussin and Selamah (2013) argue that apart from ESSCOM, Malaysia has established a number of border security management agencies such as Unit Pencegahan

Penyeludupan (UPP) or anti-smuggling unit to combat smuggling cases along its

Malaysia-Thailand borders.

Furthermore, according to Ad’ha AlJunied (2012), most of the countries in

Southeast Asia are employing hard and soft approaches in managing terrorism. He refers to physical engagement with potential terrorists as a hard approach and recalibrating their minds and hearts as a soft approach. The border management falls under the hard approach (Ad’ha Aljunied, 2012). In a different perspective, Ruhanas

(2009) discusses Malaysia’s border management in light of collaboration with neighbouring countries. She emphasises on the importance of multilateralism and bilateralism of security cooperation between countries that have similar border issues.

For instance, EiS or Eyes in the Skies is the bilateral security arrangement done by

Malaysia and Singapore in ensuring the security of their commercial assets along the

Straits of Malacca (Ruhanas, 2009). Similarly, the collaboration in managing border security threats is discussed by Emmers (2009).

9 Annati (2010) takes a different approach in discussing Malaysia’s border management by mentioning the employment of New Generation Patrol Vessels programme which indicates the investment made by the Malaysian government in providing high-tech vessels for border security. Elsewhere, Suhana and Ali (2014) states that the government of Malaysia has introduced the Anti-Trafficking in Person and

Anti-Smuggling in Person Act to overcome the issue of human trafficking and smuggling in Malaysia. The act helps border security agencies to protect the border from crimes relating to human smuggling and human trafficking. The literature above suggests that Malaysia is facing non-traditional security threats more than traditional ones. Moreover, the nature and type of threat are changing. However, the literature suggests that Malaysia’s border security management mechanisms are inadequate and need deeper analysis; besides the lack of discussion on Malaysia’s border security management indicates that the topic needs more research so that the public will be more informed on how secured Malaysian border is from possible external threats. The Lahad

Datu incident is a case at hand. The Malaysian public was in disbelief that the nation’s security had been threatened.

1.7 CONCEPTUAL FRAMEWORK.

The study examines Malaysia’s border security, its management and the non-traditional security challenges Malaysia is facing after the incident of 9/11. Therefore, the conceptual framework which guides this study is composed of: (1) border, (2) border security, (3) management of border security,and (4) securitisation and factors of border insecurity.

10