South China Sea arbitration abuses international law, threatens world order

World Insight 06/28/2016 South China Sea

A seminar on the South China Sea Arbitration and International Rule of Law was held on Sunday in the Hague, the location of the Permanent Court of Arbitration's arbitral tribunal. At the seminar hosted by both Chinese and Dutch academic institutions, experts from various countries warned that the unilateral filing of the South China Sea arbitration case by the Aquino administration of the Philippines and the arbitral tribunal’s overreach and abuse of power is a desecration of the spirit of the rule of law and pose a threat to current international order.

Exclusive interview: Limitation of UNCLOS Dispute Settlement System

A legal expert at the University of Oxford has published a paper on resolving disputes in the South China Sea. It relates to the arbitration unilaterally initiated by the Philippines against China.

With this move, the Philippines is just adorning itself with borrowed plumes. First of all, estoppel is a basic principle of international law. As is known to all, China and ASEAN countries, including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, in which all sides agreed to settle disputes over the South China Sea through friendly negotiation and consultation by parties directly concerned.

Experts call for reasonable and effective dialogue on China South Sea issue

A group of experts on international law have called the arbitration that was unilaterally filed by the Philippines against China over the South China Sea "questionable".

In 2011, the Philippines and China issued a joint statement, reiterating their respect and observation of the DOC. However, just two years later, the Aquino administration unilaterally submitted the South China Sea case for arbitration in spite of its previous commitments.

Secondly, the Philippines ignores basic historical facts by presumptuously claiming that the Chinese people never lived or conducted activities in the South China Sea region, thus bearing no sovereignty over the islands in the region.

Cambodia criticizes arbitration filed by Philippines

Cambodia's ruling party has spoken out against the arbitration court's upcoming decision over the South China Sea issue.

Yet no one can deny the historical fact that those islands have been part of China’s territory since ancient times. Successive Chinese governments have continued to govern the islands through multiple approaches including setting administrative divisions, military patrols and conducting salvages at sea.

Respecting historical fact is an important principle of international law. Through its lack of respect for the facts, the South China Sea case violates this principle.

Chinese Foreign Ministry condemns Japan

Chinese Foreign Ministry spokesman Hong Lei has condemned Japan's remarks over the South China Sea arbitration unilaterally launched by the Philippines. He urged for Japan to stop making such irresponsible remarks.

Moreover, the Philippines’ interpretation of the legal status of the islands and reefs in the South China Sea is not in line with the United Nations Convention on the Law of Sea (UNCLOS) and other international laws.

South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

The Southeast Asian nation claims that the Huangyan Island and the Nansha islands cannot be considered islands as such no one can establish exclusive economic zones or claim the continental shelves there. Such an argument flies in the face of objective reality.

• South China Sea FAQ ep13: China's solution for resolving the disputes

• 
  South China Sea FAQ ep13: China's solution for resolving the disputes. As tensions in the South China Sea region continue, China continues to insist on a dual-track approach to resolve disputes. This is governed by the Declaration on the Conduct of Parties in the South China Sea made in 2002 between China...

The Philippines deliberately misrepresented factual information about the islands and reefs in the South China Sea during the trial and carelessly negated the integrity of the Nansha islands as well as the island status of Taiping Island and other large islands in area. However, its claims are not only inconsistent with reality, but also incompatible with UNCLOS and other international laws.

The legal representatives of the Philippines also withheld necessary information concerning other islands in the South China Sea (not included in its arbitration request) on purpose, and refused to present them to the court. It is safe to say that the Philippines’ argument concerning the South China Sea islands and reefs lacks basic credibility.

Taking this into consideration, the arbitral tribunal has clearly violated UNCLOS, abused the UNCLOS settlement procedure and exceeded its jurisdiction by accepting the unilateral request of the Philippines and even trying to deliver a verdict on the South China Sea issue. Its self-proclaimed “jurisprudence” and “normative power” demonstrate great irony.

The core of the South China Sea issue between China and the Philippines are territorial and maritime delimitation disputes. Territorial issues do not fall within the scope of UNCLOS authority. Additionally, as early as 2006, China has excluded compulsory settlement procedures from maritime delimitation disputes in accordance with Article 298 of UNCLOS.

As a temporary institution founded on UNCLOS, the tribunal has zero jurisdiction over this case. Arbitration and other international judicial methods to resolve disputes means resorting to third-party settlement. However, this option has already been excluded by internationally binding bilateral agreements between China and the Philippines.

The tribunal chose to ignore these binding documents and breached the premises, exclusions and exceptions for compulsory settlement procedure stipulated in UNCLOS to establish jurisdiction on its own.

The tribunal’s blatant disregard for the agreement China and the Philippines made concerning settling disputes has irresponsibly broken the consensus reached between the two states and has seriously violated China’s right as a sovereign state and UNCLOS signatory to choose its own dispute settlement method.

What’s more, by repeatedly referencing UNCLOS and extending the convention’s coverage to all maritime issues, the tribunal has in fact turned a blind eye to conventional international law.

Any practitioner of international law is aware that articles in UNCLOS are a summary of the historical maritime practices and common will of all countries. UNCLOS shows nothing but respect to conventional international law. However, the tribunal today has discredited all previous practices, contradicting the basic purpose and spirit of UNCLOS.

International law has played a significant role in maintaining a relatively stable international order after World War II. In the decades after the war, hundreds of international treaties were drafted to regulate the conduct of states and people’s lives.

From the planet where we live to outer space, from security to arms control, from economic development to environmental protection, from human rights to judicial cooperation and other areas, these international laws are ubiquitous. The diplomatic actions of every county call for international law. In other words, it is a commonly recognized standard for the international community. The world would fall into chaos without it, and the law of the jungle would once again dominate.

Therefore, the abuse of international law by the Philippines and the tribunal has undermined the authority of the law, which will in turn greatly impact the stability of international order.

It is worth mentioning that the US, a country outside the region, has been eager to play a hand in the issue. Those who are familiar with the “America-style” of dealing with international affairs know that “safeguarding the integrity of international law” is a catchphrase for the country when it comes to international dealings.

However, as a country that attaches such importance to the protection of international law, why has the US supported the illegal acts of the Philippines and the tribunal? The answer is simple: The US only protects those international laws that benefit itself. In the eyes of the US, any illegal act can be considered “an act that protects international law” so long as it benefits its own strategic interests.

A scholar at the seminar pointed out that what the Philippines has done to China today could happen to other countries in the future. If the tribunal comes to a conclusion that does not conform to the facts and the law, then the same twisted logic could be misapplied to other countries with territorial disputes.

Such apprehension is not without merit. If the irresponsible actions of the Philippines, the US and the arbitral tribunal are not faced head on, they will severely affect the authority of international law. From this perspective, China's fight against the abuse of international law is not only the country safeguarding its territorial sovereignty, but also a contribution to lasting peace and stability in the world. - People daily

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China says Arbitral Tribunal has no jurisdiction over South China Sea case

The Permanent Court of Arbitration in the Hague has said it will deliver a verdict on July 12th, on the South China Sea case unilaterally initiated by the Philippines. China has refused to participate in the proceedings, and declared that it won't recognize the verdict.
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China courts friends in region; for others a show of strength

Chinese Premier Wen Jiabao (L) poses during the family photo at the 15th ASEAN-China summit meeting at the Peace Palace in Phnom Penh, November 19, 2012. Also in the picture is Cambodia's Prime Minister Hun Sen. REUTERS/ Samrang Pring

PHNOM PENH/BEIJING (Reuters) - When U.S. President Barack Obama and more than a dozen leaders arrived in Cambodia for a regional summit meeting this week, only one of them was feted with banners strung from the venue gates.

"Welcome Prime Minister Wen Jiabao!" one proclaimed. "Long live the People's Republic of China!" read another.

As the leaders left, the green-and-white banners were still festooned outside Phnom Penh's Peace Palace, a fitting reminder of China's powerful and growing clout as Beijing uses its influence - and money - to win friends and frustrate those uneasy about its sweeping territorial claims and rising military strength.

"Some states are easily swayed by money. If they see cash, they easily throw away their principles," said one Asian diplomat at the East Asia Summit, which included heads of state from 10 Southeast Asia countries and counterparts from the United States, China, Japan and other Asia-Pacific nations.

"China has been throwing its weight around and buying the loyalties of some Asian states."

A prime example is Cambodia, whose prime minister, Hun Sen, helped China to notch up a succession of diplomatic victories at the summit. China stalled debate on a resolution of maritime disputes in the South China Sea, rebutted attempts by Southeast Asian nations to start formal talks on the issue and avoided any rebuke from Obama over territorial ambitions. Commentators declared China a clear summit winner.

A closing statement by Hun Sen, this year's chair of the 10-member Association of Southeast Asian Nations (ASEAN), made no mention of the South China Sea, another victory for China's attempts to prevent multilateral talks on the dispute.

China has poured investments and loans into Cambodia in recent years, becoming its biggest trade partner and bilateral creditor. Cambodia's debt to China now totals at least $4.7 billion, about a third of its economy.

The price of that largesse has become clear this year, say analysts, as Cambodia has used its powers as ASEAN chair to restrict debate over the vexed issue of China's maritime claims, dividing the group and infuriating U.S. ally the Philippines.

The 45-year-old ASEAN group has been built on a foundation of unanimity and unity, but that has unravelled as it struggles to cope with its biggest security challenge. In July, a meeting of the region's foreign ministers broke down in unprecedented acrimony and failed to agree a communique for the first time.

This week's ASEAN meetings again deteriorated into bad-tempered sniping and came close to a breakdown when Hun Sen adopted a draft statement saying there was a consensus not to "internationalise" the South China Sea dispute beyond ASEAN and China.

The Philippines, which sees its alliance with the United States as a crucial check on China's claims at a time when Washington is shifting its military focus back to Asia, made a formal protest to Cambodia and succeeded in having that clause removed from the final statement.

China then poked fun at Manila's assertion that there had been no consensus. Eight out of 10 leaders had agreed not to internationalise the dispute, meaning there was a consensus, said Qin Gang, a Chinese foreign ministry spokesman.

"I suggest that people when attending the EAS (East Asia Summit) meetings have to be very good at mathematics," he said.

"That's 10 minus two, so which is bigger?"

NAVAL BUILDUP

Beijing claims a vast U-shaped line around the South China Sea that brushes up against the coasts of the Philippines, Vietnam, Brunei and Malaysia. The area is thought to hold vast, untapped reserves of oil and natural gas, and naval flashpoints between Chinese vessels and the Philippine and Vietnamese navy have become increasingly common.

Hopes for a diplomatic resolution within the ASEAN-China framework look bleak in the next two years as tiny Brunei and then Myanmar take up the chairmanship of the group.

Cambodia, like fellow "Mekong" countries Laos and Myanmar, has been rapidly pulled into China's economic orbit through rocketing trade and investment ties.

It has become customary for Chinese officials to arrive in Cambodia bearing "gifts", such as the $100 million investment that Wen announced on his arrival this week to build the emerging country's biggest cement plant. China has moved nimbly to set up free trade deals with Southeast Asia nations and has played a dominant role in financing and building big infrastructure projects in Laos, Cambodia, and Myanmar.

After the summit, Wen visited Thailand where he signed an understanding to buy rice, which should strongly lift Beijing's standing with a government that is a close ally of the United States. Bangkok has built up record stockpiles of 14 million tonnes of milled rice after a populist programme to pay farmers more for their crops made exports unprofitable.

If diplomatic efforts stall, China's options to back its claims with force if needed are steadily growing with a military budget that outstrips the combined spending of Southeast Asia.

As China ushered in a new generation of leaders this month, outgoing President Hu Jintao made a pointed reference to strengthening China's naval forces, protecting maritime interests, and the need to "win local war."

"We should make active planning for the use of military forces in peacetime, expand and intensify military preparedness, and enhance the capability to accomplish a wide range of military tasks, the most important of which is to win local war in an information age," Hu said.

Besides the South China Sea, China is embroiled in a dispute with Japan, also a close U.S. ally, over islands in the East China Sea.

China's stance is that it is not trying to become an offensive naval power, but wants to secure its energy imports and boost development of maritime natural resources, which are expected to represent 10 percent of its economy by 2015.

But it is also wary of being encircled as the United States refocuses its military clout on Asia in what Obama has called a "pivot" back to the region as wars in the Middle East wind down.

"It is absolutely (a buildup)," said Ruan Zongze, deputy director of the China Institute of International Studies, the think-tank of the Chinese Foreign Ministry.

"No matter what kind of narrative you use, the reality is that America in the past three years has been putting greater emphasis or focus on the west Pacific. That raises a lot of questions for China."

China launched its first aircraft carrier in September, increasing its ability to project forces deeper into "blue-water" maritime territory. Bought from Ukraine ostensibly to use as a floating casino, the Chinese navy spent years refurbishing the carrier, which is undergoing sea trials. It also test-flew two types of stealth fighters this year, the second one last month - a smaller, more maneuverable model believed to be designed to be deployed on an aircraft carrier.

"China has ambitions to become the premier military power among its regional peers, and a serious threat to U.S. maritime primacy in the Asia Pacific," said Sam Roggeveen, an Asian defence analyst with the Lowy Institute in Sydney.

Roggeveen added that if China were to deploy more than one carrier and equip them with high-performance stealth fighters, "it would become the pre-eminent regional maritime power, with the ability to coerce neighbours in disputes in which the U.S. prefers not to get involved".

 By Stuart Grudgings and Terril Yue Jones
(Additional reporting by James Pomfret and Manuel Mogato in PHNOM PENH; Editing by Jason Szep and Raju Gopalakrishnan)

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Asean nations feud over South China Sea

Pitching for the Asean 10

Asean countries are still developing because there is still much to do, and much to learn about how to do it.

IF Asean is sometimes accused of being a talking shop, it also vividly demonstrates the value and virtues of some talking shops.

Officials’ meetings at various levels are legion, growing in number and scope over half a century until they average a few a day for every day of the year.

Between these are the summits, being more prominent in comprising heads of governments. Besides the content of the proceedings, the frequency of the summits themselves may indicate the state of the South-East Asian region.

When leaders from Indonesia, Malaysia, the Philippines, Singapore and Thailand met in Bangkok in 1967 to found Asean, that was somehow not considered a summit. So the “first” summit came only in 1976 in Bali, with the “Treaty of Amity and Cooperation in South-East Asia” and the “Declaration of Asean Concord.”

The second summit came the following year in Kuala Lumpur, coinciding with an Asean-Japan dialogue. Although this was only one year after the first, it was a whole decade after Asean’s founding and would be another full decade before the next.

The third summit (Manila, 1987) decided to hold summits every five years. By the seventh (Bandar Seri Begawan) it would be every year, then after skipping 2006 the Philippines hosted the 12th in Cebu amid local protests.

The 14th summit slated for 2008 in Thailand was postponed to early 2009 over domestic disturbances, then put off for another two months in the broken Pattaya gathering. From then on, summits would be biannual affairs.

Between and beyond the summits, whether or not local scandals and protests add to the news value of Asean gatherings, the original five member nations seem to attract more attention if not also more interest. This is anomalous since Asean membership confers equal status on all members regardless of size, age, clout or political system.

The newer members can actually be quite pivotal in their own way, as Vietnam and then Cambodia had been, and as Myanmar may be now. And several of the older members need not be particularly significant to the Asean 10 as a whole, much less beyond.

With such issues in mind, Malaysia’s Foreign Policy Studies Group last week held another roundtable conference in Kuala Lumpur on how relations between Malaysia and the CLM countries (Cambodia, Laos, Myanmar) can contribute to Asean consolidation.

An earlier roundtable comprised delegates from Indonesia, Thailand and Vietnam in assessing how their countries’ relations with Malaysia could progress in the same vein. Vietnam, as the largest and most developed of Asean’s newer CLMV members, had also introduced reforms earliest to qualify to join the earlier dialogue with some of the original members.

Other CLMV countries have progressed on other fronts on their own. It is now 20 years since Cambodia, for example, reached agreement with Malaysia on visa-free travel.

Laos is another country that Malaysia has assisted, with the establishment of bilateral relations (in 1966) even before Asean was founded. Since then, relations have flourished, particularly after Malaysia worked to welcome Vientiane into Asean.

Myanmar today is still undergoing a transition, and therefore also very much a focus of world media attention. Its people now have a greater sense of nationhood following a raft of reforms, mindful of the national interest from economic priorities to the prerogative of rejecting foreign military bases on its soil.

A Malaysian delegate said that the US, following news reports last Sunday, was now looking for a suitable site for a new “missile shield” system in the region. The US and China were the two proverbial “elephants in the room”, and the geopolitical rivalry between them very much an issue for all delegates.

No individual, organisation or country at the roundtable, whether officially or unofficially, was left undisturbed by major power rivalry contaminating the Asean region. This was the more so when preparations abroad tended to centre around a military build-up, with the US “pivot to Asia” involving stationing 60% of its military assets in the Asia-Pacific.

According to one recent analysis, at current and anticipated rates China’s economy could surpass the US’ as early as 2016, and US overall decline could become evident by 2020. Ironically, as with its former Soviet adversary before it, the decline would be underscored by excessive military expenditure and a warlike mindset.

Given these scenarios, it is important to be reminded of some pertinent underlying issues. These may be framed by some telling questions that must be asked, for which answers are vitally needed.

First, are the CLM countries necessarily more dependent on a regional superpower-as-benefactor like China economically, compared to Asean’s older and more developed members. Not so, especially when considering that the latter, with larger economies, have more at stake in dealing with a rising China.

Second, is China even likely to consider challenging US dominance in the region? Despite occasionally dire pronouncements by some there is no evidence of that, indeed quite the reverse: beyond assertions of its old maritime claims, Beijing’s relations with all countries in the region have been progressing and progressive.

US military dominance in the Asia-Pacific is often credited with keeping the regional peace, particularly in the high seas. Is this assumption merited if piracy and terrorism are not included in the calculus, since there may not be any other military force out to wreak havoc in the region post-1945?

Fourth, how much value is there still in the assumption that the US military posture is and will remain the status quo entity in the region? The status quo is helping China’s economy grow, with secure shipping and harmonious development, while the US economy is continually taxed by its large and growing military presence.

Fifth, and by extension, how much pulling power is there today in US efforts at soliciting allies? The problem with enlisting in an alliance for other countries is that to be identified as an ally of a major power is also to identify as an ally against another major power.

Dividing the region in Cold War fashion does not help anyone, and never did. To enlist with a (relatively) declining superpower creates further problems of its own for such allies.

Sixth, can China’s reported flexing of its muscles in the South China Sea and the East China Sea in any way be a show of strength? Since it only gives Beijing a negative image just as it needs to look good, without any gain in return, it is instead a point of weakness.

Seventh, can US efforts to contain China ever work? There is no shortage of instances that verify containment, a situation confirmed by official denials.

So, eighth, why try to contain China at all when in the process the US only loses goodwill before losing face? Perhaps old habits die hard, but more likely the military-industrial complex dies harder.

Smaller countries in Asean and elsewhere have much to learn from the major powers, notably the US and China. Sadly, the lessons are just as much what not to do as they are about what to do.

BEHIND THE HEADLINES By BUNN NAGARA sunday@thestar.com.my

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China pledges to work with ASEAN to safeguard peace in South China Sea

BEIJING: China pledged Friday to make joint efforts with the Association of Southeast Asian Nations (ASEAN) to safeguard regional peace and stability after the 10-member bloc issued a six-point statement on the South China Sea.

"The Chinese side is willing to work together with the ASEAN members to implement the Declaration on the Conduct of Parties in the South China Sea (DOC) comprehensively and effectively," Chinese Foreign Ministry spokesman Hong Lei said in response to a question on the ASEAN statement.

In the statement issued earlier on Friday, the ASEAN members reaffirmed their commitment to the "peaceful resolution of disputes" in the South China Sea. Analysts said the six-point principles were reached to make up for the lack of a customary communique after a foreign ministers' meeting last week.

In an unprecedented development, the 45th Foreign Ministers' Meeting of the ASEAN was not wrapped up with the release of a communique showcasing common ground.

ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Qu Xing, head of the China Institute of International Studies, told Xinhua that it was Vietnam and the Philippines that should be blamed for the failure to pass a communique last week.

"The two countries attempted to turn the disputes between them and China into a problem between China and ASEAN as a whole," he said, "which was unacceptable for the other members of the bloc."

"The Chinese side has noticed the ASEAN's statement on the South China Sea (on Friday)," Hong said, adding that the core problem of the South China Sea was the disputes over the sovereignty of the Nansha islands and the demarcation of the islands' adjacent waters.

"China has sufficient historical and jurisprudential evidence for its sovereignty over the Nansha islands and the adjacent waters," he added.

However, Hong said China is open to consultations with the ASEAN on the conclusion of a Code of Conduct in the South China Sea.

"(We) hope that all the parties will strictly abide by the DOC and create necessary conditions and atmosphere for the consultations," he said.

As a signatory to the United Nations Convention of the Law of the Sea (UNCLOS), China attaches importance to safeguarding the principles and mission of the Convention, said the spokesman.

Hong said UNCLOS is aimed to establish a legal order for the seas and oceans "with due regard for the sovereignty of all States," and it does neither serve as an international treaty to address disputes over territorial sovereignty between states nor as evidence used to judge over the disputes.

The countries concerned should address the disputes over the maritime demarcation in the South China Sea, after the land disputes have been resolved, in accordance with historical facts and all international laws including UNCLOS, he added.

"China attaches importance to its ties with the ASEAN," Hong said, adding the country is committed to promoting friendly neighborhood and reciprocal cooperation with the ASEAN to push ahead with the cooperation in East Asia with joint efforts.

The spokesman said China and ASEAN share common interests and responsibilities in keeping Asia's development and maintaining regional peace and stability against the backdrop of the ongoing international financial crisis.

"The two sides should continue to promote their strategic communication in pursuit of a reciprocal and win-win situation, with mutual respect and trust in mind as well as handle the relationship between the two sides from strategic and long-term perspective," he added.

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China to deploy military garrison in South China Sea

GUANGZHOU, July 20 (Xinhua) -- China's central military authority has approved to form and deploy a military garrison in the newly established city of Sansha.

Sources with the People's Liberation Army (PLA) Guangzhou Military Command said Friday that the Central Military Commission (CMC) had authorized it to form a garrison command in the city.Full story

ASEAN forum not proper platform to discuss South China Sea issue

BEIJING, July 11 (Xinhua) -- As the foreign ministers of the 27 participating parties of the ASEAN Regional Forum (ARF) meet in Phnom Penh on Thursday, many eye the talks as a platform to ease the tension over the South China Sea, which has flared up in recent months.

However, analysts say the attending parties are likely to be more interested in forging closer ties than focusing on differences that concern only a few members.Full story

Editor: Chen Zhi, Xinhua

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Asean has no reason to panic

Asean has no reason to panic

Asean is younger than its member nations, so teething problems as it continues to mature are no cause for alarm.

ASEAN’S set pieces following its meetings have become so predictable as to provoke panic when a blip in the set routine appears unexpectedly.

That happened with the anticipated joint communique following the ministerial meeting in Phnom Penh a week ago. This was the first time a communique was not issued, after disagreement over the text between the Philippines and host Cambodia on Manila’s territorial squabble with Beijing.

That was enough to set tongues wagging, pens wriggling and keyboards clacking about a presumed “turning point” in Asean and even speculation about its imminent demise.

Asean proceedings have traditionally been weighed down by diplomatic gobbledygook just because everyone expects such statements to be issued. What later happens in the conduct of member states, however removed from the spirit and content of the communiques, then becomes quite irrelevant.

Yet the substance of statements issued should be more important than the fact of issuing just any statement. After all, Asean is supposed to be more about political process than mere diplomatic procedure.

Therefore, not issuing a collective statement after this month’s pow wow among foreign ministers is better than issuing a meaningless statement just for the sake of issuing something. It makes no sense to produce a statement in the absence of a joint agreement about what it would say.

As it happened, not issuing a joint communique amounts to an indirect statement on the different positions taken by some members, in this case the hotly disputed claims on island territory between the Philippines (and to some extent Vietnam) and China.

Ironically, the Phnom Penh meeting was supposed to consolidate efforts at establishing an Asean community by 2015, as well as to reaffirm blossoming relations between Asean and China.

It may have failed at delivering either, but simply deviating from the norm by not perpetuating a scripted, choreographed and rehearsed custom regardless of circumstances is not a failure of Asean. Nonetheless, the apparent detour from the objectives of this year’s ministerial meeting was enough to turn surprise into shock for many.

Traditionally criticised for saying little and doing even less with boring predictability, Asean is suddenly seen as risking the unprecedented. Its critics should now make up their mind about the nature of their criticism, because they are beginning to contradict themselves.

The other irony concerns the Asean style itself. The regional organisation has long been assessed less by what it says in communiques than what it leaves unsaid, and understood less by what it does than what it obliquely skirts doing.

Thus going by its record, the decision not to issue a communique may be deemed doubly and traditionally Asean. Yet it was taken to be untypical of Asean.

Cynics predicting doom-and-gloom scenarios for Asean forget that its watchword has always been “resilience”, as supported by its near-half-century record. Asean is made of sterner stuff, to which its experience testifies.

But Asean is also not immune to the pitfalls of complacency. Failure to do what is needed now can escalate current challenges and lead to more problems in the future.

For what it is worth, Indonesian President Susilo Bambang Yudhoyono swiftly dispatched Foreign Minister Dr Marty Natalegawa to four Asean capitals, including Kuala Lumpur, to try to cobble together some kind of a belated joint communique.

That may be possible but unlikely, since foreign ministers who refused to be accommodating while together at an official meeting would be even less inclined to compromise when back home. Even if such a statement materialises, it would just be “in absentia” of the assembled ministers, now dispersed, and not a statement “posthumous” of Asean.

Meanwhile, news and commentary about the lack of a communique have overshadowed the issues behind it. And it is not only the absence of a communique that can be seen as untypical of Asean.

Manila and Hanoi had come into the meeting room after a recent diplomatic spat with China over competing territorial claims. Despite the ministerial meeting covering various other matters, the Philippines and Vietnam insisted that their problems with China be included in the text of the joint communique.

Cambodia, as host, refused as it saw this as unbecoming and inappropriate. Only half of the 10 Asean members have disputes over island territory with China, with the dispute in question over Scarborough Shoal/Huangyan Island involving only one Asean country, the Philippines.

Philippine Foreign Minister Albert del Rosario then openly accused his Cambodian counterpart Hor Namhong of “consistently defending China’s interest.” Point number two in being untypically Asean.

The ill will created extends beyond the scope of any Asean conference. Its import and impact have already spread beyond the few countries involved.

No country can claim victory or savour any sense of satisfaction from these developments, because they work to the detriment of all. There is also the additional risk of some countries misreading the situation to even worse effect.

China had a pie in the face when it began the conference, as an Asean dialogue partner, by celebrating the new priority of taking relations with Asean to greater heights. If it is seeking any consolation from a divided Asean, it will find itself gravely mistaken.

The Philippines is also finding that it has fewer “allies” in this imbroglio than it would have liked. Thailand had already warned it would not let bilateral differences with China upset regional ties with Beijing, while a caucus of retired diplomats in Indonesia criticised the Philippines for being “blunt” and “very un-Asean.”

The other Asean countries are not exactly behind Manila, and likewise some Filipino commentators. Even Vietnam, despite its inter-state disputes with China, has always had quieter, positive inter-party ties as fellow communist nations.

In contrast, the Philippines has only a treaty with the US. That can make matters worse through emboldening Manila in rash actions, or initiating major power conflict in the region.

Now President Benigno Aquino III has passed the handling of the issue from del Rosario to Ambassador Sonia Brady in Beijing to handle more diplomatically. A sense of realism may yet dawn after all.

In the meantime, changes in the region include some that question old ideological allegiances. Diplomats and policymakers need to be sensitive to such developments to respond accordingly.

Not only does Vietnam have serious differences with China, Myanmar may also begin to do so on separate bilateral matters. At the same time, Taiwan increasingly feels at one with China over claims on territory disputed by other countries, such as the one with the Philippines.

Beyond all the conflicting claims, some realities remain.

Asean is only 45 years old as a regional organisation in the global community of nations, so more differences between members are likely to appear in future. These should not be a problem as long as they are manageable.

Disputes are also best settled, or can only be settled, through negotiations or arbitration. Souring the atmosphere by making diplomacy difficult only makes things worse for everyone.

With China, it has been said that upping the ante only strengthens the hand of hardliners in Beijing. Most Asean countries are wise enough to steer clear of that approach, however much of a rush it may give some politicians playing to the gallery at home.

Behind The Headlines By BUNN NAGARA

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Asean needs to rise to its own loftier level  

Asean needs to rise to its own loftier level

After nearly 45 years, issues remain for Asean to sort out, ponder over and resolve satisfactorily.

SOME developments have lately resulted in multiple challenges confronting Asean. Chief among these is the lack of understanding of Asean, its origins and its purposes, notably within Asean member countries themselves.

Since its inception in 1967, Asean has tended to avoid calling a spade a spade for reasons of national sensitivities or avoiding controversy. The founding meeting in Bangkok that year was even described as an effort to improve economic relations, even though more serious geopolitical issues such as Indonesia’s relations with Malaysia and Singapore were at stake.

Another reason for the lack of an Asean awareness among Asean peoples is that official proceedings have been dominated and even monopolised by national elites. Even with economic development as a key issue from the beginning, the Asean Business Council took three decades to be established.

Security drill: Cambodian riot police during an exercise to prepare for the upcoming Asean summit in Phnom Penh. Cambodia hosts the 20th Asean Summit next month. — EPA

 

Social and cultural issues would have to take even longer. Everything had to undergo a laborious process of initial proposal, official consideration, outsourced study (such as an Eminent Persons Group), considered refinement, likely revisions, possible horse trading, formal approval and final adoption.
Even if the entire process is necessary, it could also be expedited. More important yet, parallel processes could occur to dovetail the sequential stages.

That would mean involving more people and agencies than just the heads of government, key ministers and secretariat staff. And that would imply educating, engaging and empowering more people in Asean countries about Asean and its work.

Thus the third reason for the lack of awareness is that little or nothing has been done to inform and involve more people in the region. It might be said that an inherent danger lies in a new generation of Asean citizens growing up under-informed about regional imperatives, except that even the older generation is equally unaware.

Some critics have blamed the custom of consensus-reaching for the plodding pace, but other regional organisations like the EU have not experienced consensualism as a nagging problem. The respective agendas of individual governments, which change quicker and less predictably in some Asean countries than in others, could be a factor.

Nonetheless, Asean’s challenges of economic productivity and competitiveness, geopolitical confidence-building and comfort levels, and socio-cultural peace and stability remain. If anything, developments such as a rising China and India, a resurgent Russia and a revitalised US foreign policy focus on East Asia only make Asean cohesiveness more urgent yet also more fraught.

Asean itself has responded by scheduling an Asean Community by 2015 comprising three pillars: an Economic Community, a Security Community and a Socio-cultural Community. Could this goal be too ambitious, since it had taken 21 years just to convene the third Asean summit?

To help the process along, Malaysia’s Foreign Policy Study Group recently held a roundtable conference on Malaysia-Indonesia/Thailand/Vietnam relations in strengthening Asean Regionalism.

The non-official occasion was intended to complement, not compete with, formal Asean processes and proceedings. Still, a fundamental question asked by some delegates was why the event had to be limited to just four of the 10 Asean countries.

The answer should be obvious: limits on resources including time, and a limited effort such as this had to start somewhere. More Asean countries would participate in future roundtables, and Asean itself provides for small initial efforts in its “10 - x” formula.

There were reasons for the four Asean countries that participated through their retired officials and student representatives: Malaysia and Indonesia as the key founding members of Asean, Thailand as Asean’s origin in the 1967 Bangkok Declaration, and Vietnam in generally being regarded as the main country among the newer (CLMV) members.

Another question concerned more frequent use of currency swaps among Asean countries, and the prospect of greater reciprocal use of national currencies in bilateral trade. This would avoid exchange rate costs with the use of a third-country currency such as the dollar or euro.

Some participants thought the membership of 10 countries was sizeable and a likely source of problems in discouraging common agreement. If that is an issue now, it could grow since Timor Leste is poised to be the 11th member, with Papua New Guinea conceivably waiting in the wings.

Some foreign participants credited Malaysia with having achieved considerable success in economic and educational development. The disparities within Asean also mean that each country could excel in a particular area, so it would help all members if a panel of best practices for a variety of sectors could be established, with contributions from each country based on its experiences and achievements.

A reference was made to Asean’s policy of non-intervention in the internal affairs of member nations by way of a criticism of its seeming inaction. However, that policy as derived from Bandung is a universal principle common to all regional groupings, without which unwelcome and hostile unilateral actions would be rife.

More to the point, Asean appears to have adopted non-intervention to the extent of not even remarking on the travails of a member country even when problems spill over into a neighbouring country. In practice, concepts like “non-intervention” are largely defined by Asean to begin with, so Asean can act without seeing itself as acting.

An underlying but unspoken issue was that Asean countries are fully capable of handling the problems within and between them. There is no basis for major power intervention, since that would unduly complicate and compound the original problem.

Cross-border issues are routinely managed, while rival maritime claims linger. The only enduring problem is an inability to form an all-Asean military force, even if that is desirable.

To help boost Asean awareness, Asean scholarships, student exchanges, an Asean Day in August, a Visit Asean Year promoting the region as a tour package, and a popular talent-entertainment programme appealing to young people are possibilities. But until today, even an Asean lane at airport immigration counters as proposed by a former Malaysian foreign minister more than 20 years ago has still not taken off.

In reshaping an Asean for the times, its basic ingredients of peace, freedom, neutrality, amity and cooperation need to be maintained while addressing current needs and challenges. But whether there is any Asean leader today with the requisite regional vision is still very much an open question.
  
Behind The Headlines By Bunn Nagara 

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Indonesia's ‘one maid,one task’ is raw deal in the new deal!

M’sian side never given chance to object to ‘one maid, one task’  

By P. ARUNA aruna@thestar.com.my

PETALING JAYA: Indonesian officials appeared to have decided on their own on the “one maid, one task” ruling at the meeting of the joint task force in Jakarta on Thursday.

“They just announced the ruling and did not ask the Malaysian side whether or not they agreed,” an Indonesian participant told The Star in a telephone interview.

“Dr Reyna Usman (the Indonesian Labour Placement Development director-general) made the announcement and the meeting then moved on to other matters,” said the participant who asked not to be identified.

The ruling had caused an uproar in Malaysia, with the associations for both agents and employers now wanting to know whether the Malaysian officials had agreed to it, and if so why.

Dr Reyna had said the fresh batch of Indonesian maids would be trained in four household chores cooking, babysitting, taking care of the elderly and housekeeping but each would perform only one of these tasks for her employer and be paid RM700 a month.

She added that the ruling was to prevent a recurrence of the problems affecting maids and employers.

The Association of Foreign Maid Agencies (Papa) acting president Jeffrey Foo said the officials, led by Labour Department director-general Datuk Sheikh Yahya Mohamed, should explain what transpired at the meeting.

“If our officials agreed to it (the ruling), they must explain it to us,” he said.

Malaysian Maid Employers' Association (Mama) president Engku Ahmad Fauzi Engku Muhsein concurred, saying: “There are many doubts that need to be cleared. We want to know what really happened at the meeting.”

None of the Malaysian officials present at the meeting have commented on the decision.

Sheikh Yahya could not be reached for comment.

Raw deal in this new deal
 
On The Beat By Wong Chun Wai

Malaysians are not amused with Indonesia’s latest condition on hiring of maids.

I HAVE only one Indonesian maid and come July, she would have worked with my family for seven years.

Yuli, who comes from Way Halom in Sumatra, is regarded as a family member. She eats the same food we eat. She goes on annual local holidays with us and her birthday is celebrated with a good dinner and cake. Occasionally, she goes to watch concerts with the family.

My wife insists that she gets to return to Indonesia during her break on Malaysia Airlines and arrangements are made at the airport so she would not be hassled by Indonesian Immigration officers and hustlers.

Yuli gets a say in most decisions involving the household and I have my lucky stars to thank, considering that many Malaysians have a horror story to tell about their maids.

She has picked up the English language, learnt how to cook some of my favourite Penang nyonya food, and she can even laugh at the Hokkien sitcoms on Astro.

But my sister-in-law has not been lucky. She has had two maids and both were a disaster.

The first was an Indonesian from Flores who spent most of her time in the living room in front of the TV rather than in the kitchen. Her addiction to instant noodles would have made her worthy of an academic study.

The second, a Cambodian, was worse. She put on weight within weeks of her employment after she discovered the magic of the refrigerator and oven.

But that wasn’t enough. She stole food, secretly storing them in a bag in her room. Apparently, she’s never heard of expiry dates.

Still, that was tolerable until she decided to go on a mutiny, snubbing directives and snapping back at her boss. Then she walked off and refused to come back.

Here’s the best part: the agency had the audacity to ask for her salary to be paid despite her absence without leave and work not rendered.

I won’t be surprised if she has been “recycled” and is now with another desperate Malaysian couple who needs a maid.

There’s another story. Lady boss asked the Cambodian maid why she had not prepared the husband’s breakfast as she was told.

The maid’s reply: “Madam, Sir is already big. Sir knows how to make breakfast. I no need.”

I swear this is not made up, but I am not sure if the maid has gone for counselling or if she has been sent back to Cambodia.

And here’s another one. There is a friend who installed CCTV at his home so he could monitor what’s happening there from his office. Lucky for him – he found out he had a psychopath on his hands when he saw his Indonesian maid regularly talking to her image in the mirror and rolling on the floor laughing hysterically.

She would burn so-called blessed papers, presumably jampi, and insist that his children consume them before they went to school. The final straw came when she asked my friend to post her “love letters” – addressed to President Suharto!

Again, we are not sure if she’s safely back and undergoing mental treatment in her home country or if she’s with another new Malaysian tuan. Hope someone tells her there’s now a new Indonesian president.

There may be stories of maids being abused and certainly Malaysians in their right mind would not tolerate such incidents. It gives our country a bad name and also leads to pressure from their countries to slow down the numbers coming in to Malaysia.

But there are also stories of Malaysian employers who suffer emotional and financial abuse from maids. These are less reported but that does not mean they are isolated cases or it’s simply because non-governmental organisations are not taking up cases of abused employers.

So, Malaysians are not amused when Indonesia tells us that their maids headed here will only perform one task and must be paid RM700 for that.

I believe Malaysian employers would not mind paying more, but not for less work. Pressing frustrated employers with such unreasonable demands is certainly going overboard.

It has been reported that the fresh batch of 106 Indonesian maids headed here would only carry out one task for their bosses. They would be trained to do four household chores – cooking, babysitting, taking care of the elderly, and housekeeping – but will perform only one of these tasks for their employers.

The report stated that the workers were undergoing four skills training courses over 21 days and must be paid RM700 a month by their Malaysian employers.

The Malaysian Maid Employers’ Association and Malaysian National Association of Employ­ment Agencies have rightly questioned the announcement. Come on, this one is surely a bad deal.

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Malaysia paved with gold?

Malaysia is not paved with gold

A WRITER'S LIFE by DINA ZAMAN

Many Cambodians, who work two jobs in their homeland to make ends meet, see Malaysia as a country where life is good and where one can earn a lot of money.

MY guide Sey, an affable but quiet Cambodian man, asked how old I was. I had spent the whole day scrambling about the famed temples surrounding Angkor Wat. I was elated but bushed.

A temple guidebook in one hand and a bottle of mineral in the other, I grinned and asked him to guess.

Working for a living: Nepalase workers laying grass in the field. Many migrant workers choose to come to Malaysia in hope of a better future.

 

“Wrong!” I squealed at each attempt. After a few guesses, I showed him my passport.

He stared at me, and was silent. After a few seconds, he spat out: “Life in your country must be good. I am younger than you, and I look 20 years older.”

Sey is a graduate in hospitality and communications. He is 30 and cares for two families. He is in Siem Reap in the morning to guide tourists, and in the evenings and weekends is back at home, about two hours away, where he toils on a small patch of vegetables and does odd jobs.



His story is not unusual. Many young Cambodians work two jobs.

In the beginning, it was good. He found a job at a hotel, and worked his way up to the front desk. One day, he found his position had been filled by the child of someone important. “In Cambodia, to get jobs, you must know people. But I always ask why? Why? I am educated. I speak English. Is it like that in your country?”

He looked at me and asked, “Can you find me a job in your country?”

I stared at him.

“I hear in Malaysia you can become rich. Many Cambodians have gone there and earned a lot of money.”

I croaked: “Sey, if you come to my country as you are, you will be dooming yourself to a life of slavery. If you are not a high ranking government official or professional, or have business interests, you will end up as a waiter in some low-end restaurant or as a labourer in a construction site; and you may never see your money because some agents are cheats.

“Even worse, you might have to sell your body to unscrupulous men and women.”

He gawped at me. I had to be the worst ambassador Malaysia ever produced.

But no way could I promise heaven to a young man whose future may be doomed further. Perhaps I have too many activist friends. I have seen too many secretly taped videos of migrant men, women and children being abused. I love my country, but I am not blind to its dark side.

I looked at Sey. He looked so heartbroken I wanted to kick myself. I have never believed in destroying anyone’s dreams, but if this young man – whose intention was to just earn some money to help his families – comes here and ends up abused, I would not be able to live with myself.

It’s a lucrative job, hiring migrant labour, and my father, who had seen the ugly side of the building of our country, told me if I got myself involved in a maid or labour agency, I would be condoning human slavery.

My father does not tell me much, but from the few things he has hinted at, I know that only a person whose God is greed and power can stomach this.

One time, I had to pass Mont Kiara, and there were a couple of men comforting a worker whose head was bleeding profusely. The mandor was shouting at them to get back to work.

I sat in my car, transfixed by the sight. I told my friends what I saw, and one sniffed at me: “Your sentiments are idealistic. This country would not be built if not for these workers.”

And there was that other time when I went to a supermarket and the man who helped me with my groceries spoke to me in perfect English. He was a Bangladeshi and an engineering graduate and had come here to earn money. I couldn’t believe my ears. An engineer was pushing my trolley?

And there was also Rosa, the cleaner I befriended when I was a student pursuing my Masters in the UK. She cleaned up the rooms and houses in the area. She was from South America. She and her husband were graduates, too.

Before I left for Malaysia, she had written her favourite poet’s works on a sheet of paper. Alas, I lost that piece of paper over the years.

I was at the Bayon temple the next day but instead of pretending to be an archaeologist, I sat at one of the corners of the temple and thought of Sey. The grass is always greener on the other side, yes?

Sey and I communicate once in a while via e-mail. I told him that on my next visit I would want to see temples that tourists had not mauled yet. I can’t stand tourists, they should be shot.

“But you are a tourist, too. Hahaha!” he replied. By the way, he wrote in his e-mail, his patch was flowering and they were able to sell some of the vegetables he had grown. It’s still a hard life, farming.

Malaysia – so many Dick Whittingtons (a character in an English tale who went to London to seek his fortune) looking for that road paved with gold.