Tuesday 12 July 2016

Vivian Balakrishnam in Parliament: the South China Sea issue and their resolution:





PRC Foreign Minister Wang Yi announced in April 2014 a four-point consensus after his trips to Brunei, Cambodia and Laos. There have been no public statements on this four-point consensus from ASEAN Member States to date.

2 ASEAN’s last public consensus position on the South China Sea was reflected in the Chairman’s Statement following the ASEAN Foreign Ministers’ Retreat in Vientiane in February 2016. The Chair, Lao PDR, had emphasised that all 10 ASEAN Foreign Ministers remained seriously concerned over the recent and ongoing developments in the South China Sea, and reaffirmed the need to enhance mutual trust and confidence. In addition, there was the need for all stakeholders to exercise self-restraint in the conduct of activities, and to pursue peaceful resolution of disputes in accordance with international law.

3 This sentiment was most recently conveyed by the ASEAN Foreign Ministers during the Special ASEAN-China Foreign Ministers’ Meeting which we held in Kunming, China, on the 14th of June. We had a very frank and robust exchange of views , including the situation in the South China Sea. ASEAN Member States and China broadly reaffirmed the importance of our multi-faceted and our mutually beneficial relationship. We also underscored the importance of ASEAN unity and Centrality in issues of common interest to ASEAN, including the absolute need for peace and stability and freedom of navigation and overflight in the South China Sea.

4 The media attention that occurred after that meeting on the failure to issue an ASEAN Joint Press Statement in fact reflects the importance the international community places on ASEAN’s unity and on the developments in the South China Sea. The 49th ASEAN Foreign Ministers’ Meeting is scheduled in two weeks’ time and I’m sure this issue will arise again.

5 On our part, I just want to emphasise that Singapore is not currently the Chairman of ASEAN and we are also, very importantly not a claimant state in the South China Sea. We have consistently stated that Singapore takes no position on the merits of the specific territorial claims and the Philippines’ arbitration proceedings against China was a national decision undertaken by the Philippines without consultation with the rest of us. Singapore’s position on this matter has also been clearly articulated in January 2013 by my predecessor, Minister K Shanmugam, here in Parliament. In brief, our position is that the overlapping sovereignty claims in the South China Sea should be settled by the parties concerned. However, this should be done in accordance with international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS). All parties should refrain from provocative behaviour that could raise tensions in the South China Sea.

6 Territorial claims could be resolved by negotiations, adjudication or arbitration. The Six-Point Principles on the South China Sea that was adopted by ASEAN in 2012 clearly states that ASEAN supports the peaceful settlement of disputes, in accordance with international law, including 1982 UNCLOS. In fact, seven out of the ten ASEAN Member States have used adjudication and or arbitration to resolve disputes in the past. ASEAN at the highest levels has also consistently reaffirmed the principle that disputes should be settled peacefully, with full respect for legal and diplomatic processes, and this was most recently issued by our Leaders in the Sunnylands Declaration after the Special ASEAN-US Leaders’ Summit in February 2016.

7 As the current country coordinator for ASEAN-China relations, Singapore will fully support and we will facilitate the existing ASEAN-led processes to manage or to help manage the tensions in the South China Sea. We will continue to perform this role in a transparent, objective manner, with the aim of preserving ASEAN unity and credibility while simultaneously advancing our multi-faceted and mutually beneficial relationship with China. This includes the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) and the expeditious conclusion of a legally-binding Code of Conduct for Parties in the South China Sea (COC).

8 We have made some, albeit slow, progress in confidence-building and conflict-prevention measures. At recent ASEAN-China Senior Officials’ Meetings on the Implementation of the DOC that were co-chaired by Singapore and China, we adopted the MFA-to-MFA hotline for maritime emergencies, which will be manned on a 24/7 basis. This hotline will help build confidence among parties to the DOC, and hopefully help prevent ground accidents. We also started preliminary discussions on a proposed Code for Unplanned Encounters at Sea to be applied in the South China Sea, on which I had previously briefed Members. We hope the observance of CUES, this Code of Unplanned Encounters at Sea, will send a positive signal and help manage the situation at sea and prevent miscalculations.

9 Our officials have also begun looking at possible elements of the Code of Conduct but quite frankly, this will take time. Progress has been extremely slow on this front. As country coordinator of ASEAN-China dialogue relations and as the co-chair of the DOC process, Singapore will continue to work closely with all stakeholders to advance ASEAN unity, credibility and centrality.

https://www.mfa.gov.sg/content/mfa/media_centre/press_room/pr/2016/201607/press_20160711_2.html

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