Asean rebuffs Noy, backs China tack on sea claims

From the Daily Tribune (Apr 26): Asean rebuffs Noy, backs China tack on sea claims

The Association of Southeast Asian Nations (Asean) rejected President Aquino’s overture for a united regional stand against China’s aggressive territorial claims after the regional group issued a carefully-worded statement for the drafting of a code of conduct but at the same time said “overlapping claims are for claimant states to deal with.”

The Asean position is similar with that of China which insists that negotiations on the claims should be among claimants and not the third-party arbitration that Aquino was pursuing.

Asean Summit chairman Sultan Hassanal Bolkiah said the group had agreed on a two-step approach to settle territorial disputes within the region in which the overlapping claims are for the claimant states to deal with and that both Asean and China wish to promote a calm and peaceful atmosphere and will urgently work on a Code of Conduct.

Bolkiah said “we would like all parties concerned to seize the current positive momentum and to reach an agreement on the Code of Conduct. And we all agree to encourage continuing discussion, dialogue, and consultation in all levels especially among claimant countries and to keep the lines of communication open.”

“We discussed the situation in the South China Sea and reaffirmed the importance of peace stability and maritime security in the region,” Bolkiah said.

“We underscored the importance of the Declaration on the Conduct (DoC) of Parties in the South China Sea,” he added.

Bolkiah also cited the collective commitments under the DoC in ensuring the peaceful resolution of disputes in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea, without resorting to the threat or use of force, while exercising self-restraint in the conduct of activities.

“We look forward to continued engagement with China in implementing the DoC in a full and effective manner, including through mutually agreed joint cooperative activities and projects,” he said.

“In my view, it is important to have in place practical procedures which could assist in avoiding undesired incidents at sea. For instance, if there is a major storm, fishermen may need to take temporary shelter in disputed areas. Such innocent incidents may be misinterpreted and, therefore, it would be appropriate to have established procedures, for example, having hold lines to avoid misunderstandings,” Bolkiah said.

Bolkiah had a 2-day visit in the Philippines April 15 to 16 where he had a discussion with Aquino on matters affecting maritime security issues.

“I personally have held a number of consultations with concerned countries on this matter and I would continue to do so in the coming months. Thank you,” Bolkiah said.
The 10-member Asean wrapped up a two-day summit in Brunei with a chairman’s statement in which they emphasized the importance of “peace, stability and maritime security in the region”.

The other key focus at the summit was pushing forward plans to create a single market for Southeast Asia and its 600 million people — known as the Asean Economic Community — by 2015.

But the flashpoint South China Sea issue dominated the meeting, amid growing concern among some Southeast Asian countries over China’s increasing aggression in laying claim to the waters.

China says it has sovereign rights to nearly all of the South China Sea, which is believed to sit atop huge deposits of oil and gas. It is also home to some of the world’s busiest shipping lanes and richest fishing grounds.

Asean members the Philippines, Vietnam, Malaysia and Brunei, as well as Taiwan, also claim parts of the sea.

The competing claims have for decades made the area one of Asia’s potential powder kegs for military conflict. China and Vietnam fought battles in 1974 and 1988 for control of islands that left dozens of soldiers dead.

Tensions have risen again in recent years as China has used increasingly aggressive diplomatic and military tactics to assert its authority.

Among the actions that have caused alarm were China’s occupation of a shoal close to the Philippines’ main island last year, and the deployment last month of Chinese naval ships to within 80 kilometers of Malaysia’s coast.

Asean endured unprecedented infighting last year as the Philippines and Vietnam failed to persuade the bloc to send a united message of concern to China.

Cambodia, a close China ally that held the rotating chair of Asean in 2012, blocked the efforts of the Philippines and Vietnam.

Southeast Asian leaders said this week’s summit had successfully led to a regained sense of unity within Asean on the issue, with President Aquino praising his Brunei host for deft diplomacy that helped build a consensus.

“Everybody is interested in having a peaceful resolution and also in voicing... concern that there have been increasing disputes,” Aquino told reporters.

Nevertheless, analysts said Asean’s calls for China to agree on a legally binding code of conduct for the sea would likely lead nowhere.

Asean and China first agreed to work on a code in 2002, but the Asian superpower has since refused to discuss it further.

“China was never enthusiastic about a code of conduct, as it does not want to sign an agreement that will constrain its sovereignty-building activities,” Ian Storey, a senior fellow at the Institute of Southeast Asian Studies, told AFP.

But Aquino said he was happy that Asean leaders had at least united in trying to ensure the disputes over the South China Sea did not “become bloody”.

“So there is unity of purpose and one can always be hopeful that that will lead to something more concrete,” he said.

Indonesian Foreign Minister Marty Natalegawa said Asean foreign ministers would hold talks with China on the issue during a scheduled event in Beijing later in the year.
But officials gave no indication of whether there could be any meetings before then.

Bolkiah and other Southeast Asian leaders said progress had been made this week on the Asean Economic Community, and more than three-quarters of its framework had been agreed upon.

But they also cautioned the hardest phases of the negotiations had just begun.
Also, contrary to what was expected following the statement of the Department of Foreign Affairs claiming there would be no scheduled bilateral talks in any of the Asean states and Aquino had a talk with the Prime Minister of Vietnam.

The DFA on April 17, in a press briefing in Malacañang, said there would be no bilateral talks that would be made by Aquino, particularly with Malaysia on the issue of Sabah.

Presidential spokesperson Edwin Lacierda made a confirmation that the Philippines and Vietnam held bilateral talks at the sidelines of the 22nd Asean Summit being held here from April 24 to 25.

Lacierda, in a text message to the media, said the President and Vietnam Prime Minister Nguyen Tan Dung were upbeat over “the progress of economic relations” between the two countries as they agreed to “further enhance” and strengthen relations.

Lacierda added that Vietnam expressed support for the Philippines initiatives on maritime security, noting the improvement of this initiative between the two countries.
http://www.tribune.net.ph/index.php/headlines/item/13370-asean-rebuffs-noy-backs-china-tack-on-sea-claims