No One Saw the Joint Statement

ASEAN adopted a rare tough stance on the South China Sea expressed in a Joint Statement and then immediately retracted it, indicating divisions amongst members.

by Hamsini Hariharan (@HamsiniH)

There was a statement and then there wasn’t. The China-ASEAN Special Foreign Minister’s Meeting, organised after a gap of three years, was convened on June 14th to discuss relevant issues before the ASEAN-China Summit to be held later this year. After the meeting, Malaysia released a Joint Statement on behalf of ASEAN. The statement was remarkable because ASEAN seemed to have strayed away from diplomatic niceties and had taken a stern stance on the South China Sea. AFP reported that the statement read,

“We expressed our serious concerns over recent and ongoing developments, which have eroded trust and confidence, increased tensions and which may have the potential to undermine peace, security and stability in the South China Sea…We emphasized the importance of non-militarization and self-restraint in the conduct of all activities, including land reclamation, which may raise tensions in the South China Sea…We articulated ASEAN’s commitment to maintaining and promoting peace, security and stability in the region, as well as to the peaceful resolution of disputes…This includes “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, including the UNCLOS (United Nations Convention on the Law of the Sea) and the UN Charter…”

While the ASEAN refrains from mentioning China by name, the statement is important because it conveys the institution’s anxiety about the tensions in the South China Sea. Generally, the ASEAN calls for all parties to conform to the 2002 Code of Conduct and attempt to solve the issue peacefully. ASEAN does not directly take part in the conflict. Instead, it tries to act as a facilitator to resolve the conflict as it affects the national interests of several of its members and has implications for the whole region. As the South China Sea is an important shipping route, countries around the world are interested in ensuring the freedom of navigation in the areas.

Less than three hours later, the statement was retracted by the Malaysian government who said that it was not the official statement but the media guideline. Singapore, Vietnam and Indonesia released individual official statements where they stressed the need for peaceful resolution of the dispute. Officials from Vietnam and Indonesia later said that the retracted statement was in line with the ASEAN standpoint.  The objection to the statement reportedly came from Laos (the current chairman of ASEAN) and Cambodia, both of whom share close relations with China. The episode evokes memories of the 2012 ASEAN Summit when the institution failed to release a joint communiqué for the first time in 45 years due to Cambodia’s objection to inclusion of the South China Sea issue in the statement.

ASEAN’s success as a multilateral institution lay in its unanimity and consensus based decision making. However for the last few years, arriving at the ASEAN consensus is becoming increasingly divisive, particularly on the issue of the South China Sea. The Philippines, Vietnam, Malaysia and Brunei-Darussalem (along with Taiwan) all have contesting claims to the boundaries of the South China Sea, most of which has been claimed by China under its ambiguous nine-dash line. As China began projects of land reclamation, construction of artificial islands in the South China Sea, its military modernisation and increasingly assertive posture has worried the other claimants.

China is also using its bilateral relations with countries like Laos and Cambodia to undermine the multilateral consensus of the ASEAN. Some reports also debate if China’s ‘salami slicing strategy’ has now extended to Malaysia by leveraging its purchase of the debt ridden state entity, 1Malaysia Development Berhad (IMDB) reducing domestic pressure on Najib Razak in return for geopolitical payoffs. China denied the use of pressure either to influence ASEAN proceedings in this case or any others. The reasons behind the retraction of the rare tough stance taken by ASEAN remain unexplained. What it does indicate is that the ASEAN countries have failed to reconcile with a common viewpoint on the South China Sea issue.

The incident is also poignant because the Permanent Court of Arbitration at the Hague is set to deliver a judgement on the second round of hearings on the arbitration proceedings initiated by Philippines in 2013. While China contests the validity of an arbitration proceeding, the decision will be an important geopolitical marker, depending on how different countries respond to it.

Hamsini Hariharan is a Research Scholar with the Takshashila Institution and tweets at @HamsiniH

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