ASEAN speak strong vs militarization

From ABS-CBN (Feb 17): US, ASEAN speak strong vs militarization

Upholds freedom of navigation and oversight in Sunnylands Declaration

The United States and Association of Southeast Asian Nations (ASEAN) are speaking with one voice against the militarization of maritime disputes and for the freedom of navigation and overflight.

Skipping any direct reference or mention to China, the so-called Sunnylands Declaration strikes at the very heart of the tension in Southeast Asia: China's maritime disputes over the South China Sea with Vietnam and long time US treaty ally, the Philippines.

China was not in the US-ASEAN Summit. It had no representative and it was never mentioned by name in any of the public speeches or statements.

One portion of the Sunnylands Declaration pushes for "shared commitment to peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force in accordance with universally recognized principles of international law and the 1982 United Nations Convention of the Law of the Sea (UNCLOS)."

''Shared commitment to promote cooperation to address common challenges in the maritime domain.''

For De La Salle University political science professor Richard Heydarian, the summit leaves China scrambling.

''At the very minimum, though, it is relatively safe to assume that Laos - current ASEAN chair, and co-chair of the Sunnylands Summit - will be more responsible as many people expected. And China surely will scramble for ways to avoid a regional drift towards a diplomatic consensus that is closer to US' position on the West Philippine Sea," he said.

''In fairness, on a second look, the draft looks good enough to me. You got Laos and Cambodia, two key Chinese allies, going along with this relatively strong worded statement…The statement could very easily be interpreted as a rebuke of Chinese reclamation activities, deployment of military assets, and bellicose stance regarding the disputed waters in West Philippine Sea. It could also be seen as a support for US freedom of navigation operations in the area, and the right of US Navy to conduct patrols in the West Philippine Sea, which have faced constant Chinese criticism and countermeasure.”

For Heydarian, the following parts are important:

''Shared commitment to peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force in accordance with universally recognized principles of international law and the 1982 United Nations Convention of the Law of the Sea (UNCLOS).''

''Shared commitment to maintain peace, security and stability in the region, ensuring maritime security and safety, including the rights of freedom of navigation and overflight and other lawful uses of the seas, and unimpeded lawful maritime commerce as described in the 1982 UN Convention on the Law of the Sea (UNCLOS) as well as non-militarization and self-restraint in the conduct of activities.''

Heydarian also notes the use of the phrase: "Other lawful uses of the seas." He said the phrase is a defense of the US Navy's right to conduct patrols in high seas.

"Non-militarization and self restraint is important, because it's also an indirect jab at China's decision to deploy surface to air missile shield to Paracels and build dual purpose bases in Spratlys," he said.

There were, however, no indications that ASEAN will be finalizing and implementing a Code of Conduct on the South China Sea. That code has been delayed. China has allies in the ASEAN.

The US-ASEAN Leaders Summit was the first ever to be held in the United States and the very first summit following the establishment of the ASEAN Community. The summit marked a watershed year for both ASEAN and for the increasingly close U.S-ASEAN strategic partnership.

In 2015, ASEAN member states celebrated the establishment of the ASEAN community, working together toward an ASEAN that better serves the people of Southeast Asia.

The summit also comes after both ASEAN and the US elevated their relationship to a strategic partnership - a diplomatic term that does not mean more money or military aid but a regular dialogue between both sides on priority issues at any level and which denotes US commitment to ASEAN beyond President Barack Obama's term.

Among the principles approved during the summit that "will guide our cooperation going forward" are the preference for the rule of law, the peaceful resolution of disputes, the stand against the use of force and the upholding of the UN Convention of the Law of the Sea.

The Sunnylands declaration is reproduced in full below: The document was named after the venue of the summit, the Sunnylands Estate in Rancho Mirage, California, dubbed as the West Coast Camp David - the US President’s summer retreat.

1. Mutual respect for the sovereignty, territorial integrity, equality and political independence of all nations by firmly upholding the principles and purposes of the Charter of the United Nations, the ASEAN Charter and international law;

2. The importance of shared prosperity, sustainable, inclusive economic growth and development, and the nurturing of our young people to sustain continued peace, development, and stability for mutual benefit;

3. Mutual recognition of the importance of pursuing policies that lead to dynamic, open, and competitive economies that foster economic growth, job creation, innovation, entrepreneurship and connectivity, and that support SMEs and narrow the development gap;

4. Our commitment to ensure opportunities for all of our peoples, through strengthening democracy, enhancing good governance and adherence to the rule of law, promoting and protecting human rights and fundamental freedoms, encouraging the promotion of tolerance and moderation, and protecting the environment;

5. Respect and support for ASEAN Centrality and ASEAN-led mechanisms in the evolving regional architecture of the Asia-Pacific;

6. Firm adherence to a rules-based regional and international order that upholds and protects the rights and privileges of all states;

7. Shared commitment to peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force in accordance with universally recognized principles of international law and the 1982 United Nations Convention of the Law of the Sea (UNCLOS);

8. Shared commitment to maintain peace, security and stability in the region, ensuring maritime security and safety, including the rights of freedom of navigation and overflight and other lawful uses of the seas, and unimpeded lawful maritime commerce as described in the 1982 UN Convention on the Law of the Sea (UNCLOS) as well as non-militarization and self-restraint in the conduct of activities;

9. Shared commitment to promote cooperation to address common challenges in the maritime domain;

10. Strong resolve to lead on global issues such as terrorism and violent extremism, trafficking in persons, drug trafficking, and illegal, unreported, and unregulated fishing, as well as illicit trafficking of wildlife and timber;

11. Shared commitment to addressing climate change and developing a climate-resilient, environmentally sustainable ASEAN, as well as to implement individual countries’ nationally determined contributions made under the Paris Climate Agreement;

12. Shared commitment to promote security and stability in cyberspace consistent with norms of responsible state behavior;

13. Support for the advancement of a strong, stable, politically cohesive, economically integrated, socially responsible, people-oriented, people-centered and rules-based ASEAN Community;

14. Shared commitment to strengthen people-to-people connectivity through programs that engage ASEAN and American citizens, particularly young people, and that promote opportunities for all our peoples, particularly the most vulnerable, to fulfil the vision of the ASEAN Community;

15. Shared commitment to promote a global partnership for sustainable development through the implementation of the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda, to ensure a sustainable, equitable and inclusive society where no one is left behind;

16. Shared commitment to enhance collaboration at international and regional fora, especially at existing ASEAN-led mechanisms; and

17. Shared commitment to continue political dialogue at the Head of State/Government level through our Leaders’ attendance at the annual U.S.-ASEAN Summit and the East Asia Summit.

CLOSED-DOOR RETREAT

President Obama and ASEAN Leaders that included President Aquino posed for the usual family photo to close the summit noontime in California.

The last day of the 2-day summit began with a closed-door retreat on the maritime disputes, the transnational challenges and terrorism.

Terrorist attacks in Jakarta in January are still fresh in the minds of the leaders.

During the closed door retreat, President Aquino called on all parties, skipping any mention of China by name, to respect the ruling of the arbitration tribunal on the case filed by the Philippines concerning the West Philippine Sea.

''On the occasion of this important gathering, where we must collectively address the challenges we face together, it is essential that ASEAN shall resolve in promoting a rules-based regime for the resolution of disputes and management of tensions in the region. In this regard, confronted with the common challenges in the South China Sea, it is crucial that ASEAN collectively and in a unified voice urge all countries to share with us full respect for the rule of law. For this purpose, it is especially important that we all commit to abide by the decision of the arbitral tribunal. In this manner, we will avoid chaos in our relations and ensure greater stability, predictability and security.''

China has refused to subject itself to arbitration, insisting on a bilateral resolution of disputes instead.

TPP

However Heydarian notes the dearth of references to the Trans-Pacific Partnership (TPP).

"I'm a bit surprised though with dearth of any statement or discussion on TPP, considering how the White House pitches it as its crowning achievement in terms of US pivot to Asia, and since 4 ASEAN members are already members of TPP, and 3 more are considered candidates, essentially all important players in Southeast Asia," he said.

"With China launching an economic charm offensive blitzkrieg, from establishment of AIIB (Asian Infrastructure Investment Bank) to the new Silk Road initiative, among other major infrastructure and investments plans, the TPP is among US' few economic counterpunches that has gained traction and momentum in recent months."

President Obama also announced a new US initiative aimed at strengthening US engagement with ASEAN -- the US-ASEAN Connect.

According to a White House fact sheet, "Strong economic ties are at the core of the United States and ASEAN's decades-long partnership. ASEAN countries collectively comprise the fourth-largest trading partner for the United States. Two-way trade in goods and services has tripled since the 1990s, topping $254 billion in 2014. U.S. businesses have been the largest cumulative source of foreign direct investment in ASEAN and ASEAN countries are increasing their investment in the United States. U.S. goods and services exports to ASEAN supported over 500,000 American jobs in 2014."

Below is the rest of the fact sheet.

Program Structure

US – ASEAN Connect has four organizing pillars:

Business Connect supports increased commercial engagement between U.S. and ASEAN businesses in a variety of regionally important sectors, including ICT and infrastructure. Business Connect will assist ASEAN as it implements measures to facilitate greater trade and economic integration under the ASEAN Economic Community and offer coordinated, proactive support for U.S. businesses. Business Connect will also bring U.S. and ASEAN businesses together to capitalize on opportunities created through the ASEAN Economic Community. It will continue to advance efforts including the US-ASEAN Air Transport Working Group Work Plan, and U.S. Trade and Development Agency (USTDA) project preparation programs.
Energy Connect assists in the development of power sectors in ASEAN built around sustainable, efficient, and innovative technologies. It will support the connectivity, clean energy and energy security goals of the ASEAN Plan of Action for Energy Cooperation (APAEC) 2015 – 2025 and the Master Plan on ASEAN Connectivity. U.S. programs continuing under Energy Connect include the U.S.-ASEAN Energy Cooperation Work Plan, the U.S.-Asia Pacific Comprehensive Energy Partnership, the Asia Pacific Clean Energy Program, and USTDA clean energy and grid modernization/connectivity project preparation programs.

Innovation Connect supports Southeast Asia’s emerging entrepreneurial ecosystem through policy support and direct engagement with entrepreneurs. Technical assistance under Innovation Connect will include the Young Southeast Asian Leaders Initiative (YSEALI) Innovation Challenges and economic programs, the Global Entrepreneurship Program, Innovation Roadshows, and support for the ASEAN Science Prize for Women.

Policy Connect focuses on supporting the ASEAN countries in creating a policy environment conducive to trade and investment, digitally enabled innovation, and sustainable and equitable economic growth, which includes providing capacity building, and technical support to member states. Programs under Policy Connect include the U.S.-ASEAN Trade and Investment Framework Arrangement work plan initiatives, such as ACTI SME initiatives, ASEAN Single Window support, Standards Cooperation, and a new series of U.S.-ASEAN Trade Workshops. Policy Connect programs will also focus on broader economic policy engagement, such as the U.S.-ASEAN ICT Workplan and discussions on aviation issues.

Connect Centers

To support the implementation of U.S.-ASEAN Connect, the U.S. government is establishing a network of three Connect Centers (Centers) – in Jakarta, Singapore, and Bangkok. The Centers are responsible for focusing and coordinating U.S. government resources on growing our economic engagement with ASEAN institutions, ASEAN Member States, the U.S. private sector, multilateral development banks, and other regional stakeholders. This engagement will allow for faster and easier access to public information and U.S. government resources (e.g. capacity building and technical assistance). The Jakarta center will be a part of the U.S. Mission to ASEAN and will lead in facilitating U.S. engagement with the ASEAN Secretariat, ASEAN sectoral bodies, and Missions to ASEAN to help achieve our shared goal of strengthening ASEAN as an organization and to support ASEAN’s goal of centrality in the regional architecture. The Singapore center, supported by the Department of Commerce’s ASEAN regional office, will serve to channel engagement in the financial hub of ASEAN, which is home to the World Bank Infrastructure and Urban Development Hub, and 3,600 U.S. companies. The regional offices of OPIC, USTDA, and USAID, as well as the local Commercial Service office, will constitute the Bangkok center, which will focus on project preparation, development assistance, business advocacy, and investment support in the region.

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