A Change of Guard

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Monday 23 July 2012

The Cambodia Consensus [of the South China Sea]

Sunday, July 22, 2012
Written by :

We could not think of a more apt name for the historic declaration.

After all, the regional sentiment was formally expressed in Phnom Penh, the Cambodian capital.

The consensus seeks benign respect for the sovereign but overlapping claims over maritime and terrestrial areas and the adherence to international laws in settling those claims.  

But the members themselves have been historically, if relatively, mindful of each other’s sovereign rights over both terrestrial and maritime territories.

Third-parties intrusion or ,worse, occupation of disputed territories is, of course, another story.

But while third parties are not bound by the agreement, the joint declaration sends a powerful message to regional military powers which muscle their way around in asserting historical claims over vast bodies of water and tiny but potentially resource-rich islands.

The world community is also duly notified about the broad regional sentiment.    
      

This much the declaration has accomplished. In short, it is a good start.

And so we welcome with much optimism the news that Southeast Asian nations have  vowed to work towards a “code of conduct” in the disputed West Philippine Sea (South China Sea) as it committed to respect international laws in settling disputes.

Current chair Cambodia announced that the Association of Southeast Asian Nations had agreed Friday on six principles on the sea, where tensions have flared recently with Vietnam and the Philippines accusing Beijing of increasingly aggressive behavior.

The statement — which also includes a commitment to respect international laws and the non-use of force to settle disputes — is an attempt to dispel perceptions that the 10-nation bloc is divided.

The Philippines said it was “pleased” with the outcome.

Divisions over the territorial disputes with Beijing prevented Asean from issuing its customary joint statement at the conclusion of a meeting in Phnom Penh on July 13, an unprecedented occurrence in the bloc’s 45-year history.

In fact, even as ASEAN reached the historic consensus, Beijing has sent more vessels in the past two weeks instead of calling its ships from Scarborough Shoal (Panatag Shoal),  according to security sources monitoring the territorial dispute between China and the Philippines in the West Philippine Sea (South China Sea).

As of Friday, there was no word from the Department of Foreign Affairs about the swarm of Chinese fishing boats at the shoal.

As of Thursday, some 30 Chinese vessels were sighted occupying the horseshoe-shaped reef just 230 kilometers west of Zambales province, well within the Philippines’ Exclusive Economic Zone under international maritime laws.

On July 8, there were only three Chinese vessels at the shoal, the security sources, speaking on condition of anonymity, said.

But signs of discord remained as Cambodian Foreign Minister Hor Namhong told reporters Friday that the points were broadly similar to what was rejected by Vietnam and the Philippines last week, and blamed them for the earlier impasse.

“Why did two Asean countries absolutely oppose (it) and now they agree with it?” said Hor Namhong.

Diplomats had said a key sticking point previously was a refusal by Cambodia, a close China ally, to mention bilateral disputes in the sea, pitting it against Manila, which wanted a reference to a months-long standoff with Beijing over the Scarborough Shoal.

China claims sovereignty over nearly all of the resource-rich sea, which is home to vital shipping lanes, but ASean members the Philippines, Vietnam, Malaysia, and Brunei have overlapping claims in the area.

The six-point agreement, which does not give details about specific incidents, follows intense diplomatic efforts by Indonesian Foreign Minister Marty Natalegawa, who visited Hanoi and Manila on Wednesday followed by Phnom Penh.

Hor Namhong said the envoy had chosen Vietnam and the Philippines “because these two countries caused the problem that led to the failure of issuing a joint communique”.

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