Wednesday, April 26, 2017

Jakarta Post: Duterte must include Hague ruling and Code of Conduct in ASEAN Summit agenda

Golez: A view from Jakarta:

"Duterte's duty: Unite ASEAN and push for early Code of Conduct in the South China Sea" https://t.co/zHY3H25fu1

Golez: This is an indication of how Indonesia will position itself in the ASEAN meeting, i.e., push for the inclusion of the Code of Conduct and the Hague Permanent Court of Arbitration ruling on the South China Sea in the agenda of the ASEAN Summit. Vietnam will most likely take a similar position and it is therefore very important for the Philippine President to navigate his way through this call for ASEAN unity. 

I quote from the Jakarta Post article:

"President Duterte must include the PCA ruling in the agenda at the ASEAN Summit in Manila as well as at the 31st ASEAN Summit and Related Meetings in Clark, also in the Philippines, later this year.

"After all it was the Philippines which sought international arbitration over Pamatag shoal (Scarborough Shoal) in the West Philippine Sea (the name in the Philippines for the South China Sea) after it was occupied by China in 2012.

"The major responsibility of Duterte as ASEAN chair is to oversee the early conclusion of the much awaited COC, which will hopefully bring peace and stability to the region. For China, signing the COC will be an opportunity to earn considerable international respect while helping to reduce tension in the region.

"Finally, as the largest country in ASEAN, Indonesia has a significant responsibility to work with Duterte and other ASEAN leaders to ensure ASEAN unity and solidarity. Indonesian President Joko “Jokowi” Widodo wants the SCS issue resolved peacefully in compliance with international rules.

"Individually, Indonesia, the de facto leader of ASEAN, has called for a rules-based mechanism to solve maritime disputes, with Vietnam, the second biggest claimant in the SCS, concurring and calling on all claimants to show self-restraint. The Philippines, Malaysia, Brunei, the United States, Japan, Australia, India and European Union have all repeated the same tune.

"Jokowi will hold a bilateral meeting with Duterte on April 28 to discuss both ASEAN matters as well as bilateral issues in Manila.

Duterte's duty: Unite ASEAN and push for early Code of Conduct in the South China Sea

"After a five decade long journey, unity and solidarity remain a challenge for the dynamic 10-member Association of Southeast Asian Nations (ASEAN). A key reason for this is the South China Sea (SCS) conundrum, which has become the single biggest threat to ASEAN unity, peace and stability.

"ASEAN formed a community under three pillars: ASEAN Political-Security Community (APSC), the ASEAN Economic Community (AEC) and the ASEAN Socio-Cultural Community (ASCC). But a community without unity and little solidarity among its members is useless.

"Outside powers can easily exploit any holes in ASEAN to divide its members on key issues such as the SCS, maritime security and freedom of navigation.

"This week, ASEAN leaders have a golden opportunity to lay a historic foundation for political unity when they meet in Manila for the 30th ASEAN Summit.

"The current ASEAN chair, the Philippines, and its popular leader President Rodrigo Duterte, have a moral obligation to cement ASEAN unity, promote solidarity and push forward the much needed Code of Conduct (COC) in the SCS.

"President Duterte has selected the theme “Partnering for Change, Engaging the World” for the Philippines’ ASEAN chairmanship. The title reflects his 2016 election campaign slogan, “Change is Coming.”

"Duterte must bring change to ASEAN, while maintaining the grouping’s central role in regional affairs. Though the new president is new to ASEAN politics, the Philippines have twice hosted ASEAN Summits in 1987 in Manila and in 2007 in Cebu.

"So far, Duterte looks to be moving in the right direction. Since taking office in June 2016, Duterte has visited all nine countries and met with their leaders, including China’s close ally Cambodian Prime Minister Hun Sen, with the mission of hearing their views on ASEAN’s future.

“We will pursue initiatives and enhance cooperation with global partners to ensure that ASEAN citizens live in peace, stability, security and growth, all the while maintaining ASEAN’s centrality, unity and solidarity for all time. The Philippines is ready and willing to steer and guide the association,” Duterte said in his acceptance speech of the ASEAN chairmanship in September 2016.

"Given the fast changing geopolitical landscape and power balance of the region, especially given the rise of China, it is imperative for ASEAN to engage major global powers to maintain regional peace and security. But ASEAN must be in the driving seat.

"Therefore it is crucial to forge internal unity while engaging with global powers outside of ASEAN.

"ASEAN leaders must jointly make a strong point that all disputes in the SCS must be solved peacefully based on international law, especially the United Nations Convention on the Law of the Sea (UNCLOS).

"Individually, Indonesia, the de facto leader of ASEAN, has called for a rules-based mechanism to solve maritime disputes, with Vietnam, the second biggest claimant in the SCS, concurring and calling on all claimants to show self-restraint. The Philippines, Malaysia, Brunei, the United States, Japan, Australia, India and European Union have all repeated the same tune.

"Unfortunately, China claims more than 80 percent of the 3.5 million square kilometres SCS maritime area, based on its controversial nine-dashed line, and is reluctant to follow international law, including UNCLOS, to solve its disputes with Vietnam, Malaysia, the Philippines, Taiwan, Brunei Darussalam and even Indonesia.

"Beijing claims that it has “indisputable sovereignty” over most of the SCS area. It used force against Vietnam to occupy disputed Paracel Islands in 1974 and has recently built several artificial islands in the SCS, where it has installed radars and advanced weaponry. Beijing’s activities in the SCS pose a major threat to the marine environment and peace and security in ASEAN region.

"In a landmark ruling in July 2016, the Hague-based international tribunal, the Permanent Court of Arbitration (PCA), rejected outright the historical legitimacy of China’s nine-dash line because China is a signatory to the UNCLOS and therefore must respect international maritime rules and regulations. It said clearly that China’s claims on SCS had no legal basis.

"But China rejected the Hague ruling.

"President Duterte must include the PCA ruling in the agenda at the ASEAN Summit in Manila as well as at the 31st ASEAN Summit and Related Meetings in Clark, also in the Philippines, later this year.

"After all it was the Philippines which sought international arbitration over Pamatag shoal (Scarborough Shoal) in the West Philippine Sea (the name in the Philippines for the South China Sea) after it was occupied by China in 2012.

"The major responsibility of Duterte as ASEAN chair is to oversee the early conclusion of the much awaited COC, which will hopefully bring peace and stability to the region. For China, signing the COC will be an opportunity to earn considerable international respect while helping to reduce tension in the region.

"There will be no winners, according to Vietnamese President Tran Dai Quang, in any armed conflict over disputes in the SCS, only losers. Therefore ASEAN desperately needs to institute conflict prevention measures such as the COC.

"Furthermore, a united ASEAN is not a threat to China’s interests in the SCS. A peaceful and stable ASEAN region has emerged with China as the group’s biggest trading partner and main source of tourists and investment.

"Finally, as the largest country in ASEAN, Indonesia has a significant responsibility to work with Duterte and other ASEAN leaders to ensure ASEAN unity and solidarity. Indonesian President Joko “Jokowi” Widodo wants the SCS issue resolved peacefully in compliance with international rules.

"Jokowi will hold a bilateral meeting with Duterte on April 28 to discuss both ASEAN matters as well as bilateral issues in Manila.

"For sure both Jokowi and Duterte, and all ASEAN leaders, will be keen to ensure the region celebrates the grouping’s 50th anniversary, which falls this August, as a united ASEAN family."




Duterte's duty: Unite ASEAN and push for early Code of Conduct in the South China Sea

  • Veeramalla Anjaiah
    Veeramalla Anjaiah
    -
Jakarta | Wed, April 26, 2017 | 09:48 am 
Duterte's duty: Unite ASEAN and push for early Code of Conduct in the South China SeaIn this Oct. 26, 2016 file photo, Philippine President Rodrigo Duterte delivers a speech at the Philippine Economic Forum in Tokyo. Philippine police killed a town mayor in his jail cell in a purported gunbattle on Saturday, Nov. 5, the second killing in a week of a politician linked to illegal drugs under President Duterte's brutal crackdown. (AP/Eugene Hoshiko, File)
After a five decade long journey, unity and solidarity remain a challenge for the dynamic 10-member Association of Southeast Asian Nations (ASEAN). A key reason for this is the South China Sea (SCS) conundrum, which has become the single biggest threat to ASEAN unity, peace and stability.
ASEAN formed a community under three pillars: ASEAN Political-Security Community (APSC), the ASEAN Economic Community (AEC) and the ASEAN Socio-Cultural Community (ASCC). But a community without unity and little solidarity among its members is useless.
Outside powers can easily exploit any holes in ASEAN to divide its members on key issues such as the SCS, maritime security and freedom of navigation.
This week, ASEAN leaders have a golden opportunity to lay a historic foundation for political unity when they meet in Manila for the 30th ASEAN Summit.
The current ASEAN chair, the Philippines, and its popular leader President Rodrigo Duterte, have a moral obligation to cement ASEAN unity, promote solidarity and push forward the much needed Code of Conduct (COC) in the SCS.
President Duterte has selected the theme “Partnering for Change, Engaging the World” for the Philippines’ ASEAN chairmanship. The title reflects his 2016 election campaign slogan, “Change is Coming.”
Duterte must bring change to ASEAN, while maintaining the grouping’s central role in regional affairs. Though the new president is new to ASEAN politics, the Philippines have twice hosted ASEAN Summits in 1987 in Manila and in 2007 in Cebu.
So far, Duterte looks to be moving in the right direction. Since taking office in June 2016, Duterte has visited all nine countries and met with their leaders, including China’s close ally Cambodian Prime Minister Hun Sen, with the mission of hearing their views on ASEAN’s future.
“We will pursue initiatives and enhance cooperation with global partners to ensure that ASEAN citizens live in peace, stability, security and growth, all the while maintaining ASEAN’s centrality, unity and solidarity for all time. The Philippines is ready and willing to steer and guide the association,” Duterte said in his acceptance speech of the ASEAN chairmanship in September 2016.
Given the fast changing geopolitical landscape and power balance of the region, especially given the rise of China, it is imperative for ASEAN to engage major global powers to maintain regional peace and security. But ASEAN must be in the driving seat.
Therefore it is crucial to forge internal unity while engaging with global powers outside of ASEAN.
ASEAN leaders must jointly make a strong point that all disputes in the SCS must be solved peacefully based on international law, especially the United Nations Convention on the Law of the Sea (UNCLOS).
Individually, Indonesia, the de facto leader of ASEAN, has called for a rules-based mechanism to solve maritime disputes, with Vietnam, the second biggest claimant in the SCS, concurring and calling on all claimants to show self-restraint. The Philippines, Malaysia, Brunei, the United States, Japan, Australia, India and European Union have all repeated the same tune.
Unfortunately, China claims more than 80 percent of the 3.5 million square kilometres SCS maritime area, based on its controversial nine-dashed line, and is reluctant to follow international law, including UNCLOS, to solve its disputes with Vietnam, Malaysia, the Philippines, Taiwan, Brunei Darussalam and even Indonesia.
Beijing claims that it has “indisputable sovereignty” over most of the SCS area. It used force against Vietnam to occupy disputed Paracel Islands in 1974 and has recently built several artificial islands in the SCS, where it has installed radars and advanced weaponry. Beijing’s activities in the SCS pose a major threat to the marine environment and peace and security in ASEAN region.
In a landmark ruling in July 2016, the Hague-based international tribunal, the Permanent Court of Arbitration (PCA), rejected outright the historical legitimacy of China’s nine-dash line because China is a signatory to the UNCLOS and therefore must respect international maritime rules and regulations. It said clearly that China’s claims on SCS had no legal basis.
But China rejected the Hague ruling.
President Duterte must include the PCA ruling in the agenda at the ASEAN Summit in Manila as well as at the 31st ASEAN Summit and Related Meetings in Clark, also in the Philippines, later this year.
After all it was the Philippines which sought international arbitration over Pamatag shoal (Scarborough Shoal) in the West Philippine Sea (the name in the Philippines for the South China Sea) after it was occupied by China in 2012.
The major responsibility of Duterte as ASEAN chair is to oversee the early conclusion of the much awaited COC, which will hopefully bring peace and stability to the region. For China, signing the COC will be an opportunity to earn considerable international respect while helping to reduce tension in the region.
There will be no winners, according to Vietnamese President Tran Dai Quang, in any armed conflict over disputes in the SCS, only losers. Therefore ASEAN desperately needs to institute conflict prevention measures such as the COC.
Furthermore, a united ASEAN is not a threat to China’s interests in the SCS. A peaceful and stable ASEAN region has emerged with China as the group’s biggest trading partner and main source of tourists and investment.
Finally, as the largest country in ASEAN, Indonesia has a significant responsibility to work with Duterte and other ASEAN leaders to ensure ASEAN unity and solidarity. Indonesian President Joko “Jokowi” Widodo wants the SCS issue resolved peacefully in compliance with international rules.
Jokowi will hold a bilateral meeting with Duterte on April 28 to discuss both ASEAN matters as well as bilateral issues in Manila.
For sure both Jokowi and Duterte, and all ASEAN leaders, will be keen to ensure the region celebrates the grouping’s 50th anniversary, which falls this August, as a united ASEAN family.
***
The author is a staff writer at The Jakarta Post.

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