How worried should Malaysia be about the South China Sea dispute?
(Malaysian Digest) – US officials say China has reclaimed about 810 hectares of land (2,000 acres) of land in the disputed Spratly Islands since 2014
Just two days ago, China’s navy carried out a ‘live firing drill’ in the South China Sea, supposedly in a bid to improve its maritime combat skills but for those who have been following the diplomatic chess game being played by China and US over the disputed territorial waters, the military exercise held more sinister implications.
The exercise involved over 100 naval vessels, dozens of aircraft, missile launch battalions and troops with countless missiles, torpedoes, shells and jamming bombs fired during the drill, China’s Xinhua news agency had reported.
Just a routine drill “improve its ability to react quickly” as officially reported or a sign of flaring tensions over the disputed waters?
Most people are still wondering how real is the threat? Mention South China Sea to the man in the street and by chance, they have heard about it, the vague response would be referring to some ‘islands in the ocean’.
What Is The South China Sea Dispute?
China National Offshore Oil Corporation’s (CNOOC) oil rig in China’s South Sea is seen in this photograph. Pic: Reuters
The current debate over the South China Sea include both island and maritime claims among a few sovereign states inside of the region, in particular Brunei, China, Taiwan, Malaysia, the Philippines, and Vietnam. The dispute covers both the Spratly and the Paracel islands, and in addition sea limits in the Gulf of Tonkin.
The interest of different countries incorporate procuring fishing areas around the two archipelagos; the untapped potential of suspected unrefined petroleum and natural gas under the waters of different parts of the South China Sea; and the vital control of crucial shipping routes.
Apart from Taiwan and three other ASEAN members – Vietnam, the Philippines and Brunei – Malaysia is a significant claimant occupying seven islands in the Spratly group along a nearly 240 km arc stretching from Louisa Reef in the south, some 250 km from the Sabah coast, to Investigator Shoal midway between Malaysia and the Philippines.
The disputes include both maritime limits and islands. The United States and China are at present in disagreement over the South China Sea, which is understatement to say the least. This difference is exacerbated by the way that the US is not a claimant in the disputed territory under the United Nations Convention on the Law of the Sea (UNCLOS).
The tensions racked up another notch when China unveiled a defence ‘white paper’ in April this year which it vowed to strike back hard militarily if attacked.
Meanwhile, the US military has been challenging China’s sovereignty claims more publicly. The US would prefer the South China Sea to remain as international waters, with sovereignty determined by the UNICLOS.
US officials say China has reclaimed about 810 hectares of land (2,000 acres) of land in the disputed Spratly Islands since 2014
It is currently pursuing a rapid program of artificial island construction in the South China Sea, despite being locked in disputes with several countries over its claims to almost the entire area.
Malaysia And The South China Sea
While Malaysia has a claim on a part of the disputed waters, it has adopted a relatively low profile approach. Kuala Lumpur seems unwilling to jeopardise its traditionally warm ties with China by risking the kind of confrontation that has soured relations between China and the Philippines as well as Vietnam.
However this year saw Malaysia assuming the chair of the Association of Southeast Asian Nations (ASEAN) and with it came calls for the country to ‘do more’ on the South China Sea. Malaysia, it is said, is after all not only a founding member of ASEAN but a claimant state in the South China Sea disputes that also has a good relationship with China.
Media reports say China has been stepping up its military presence in Malaysia’s corner of the South China Sea.
Foreign Minister Datuk Seri Anifah Aman called on China to engage in collective talks to resolve territorial disputes in the South China Pic: Asian Review
In January, a Chinese naval flotilla patrolled the Paracel Islands, claimed by China and Vietnam, before proceeding to the James Shoal, a reef some 80 km off Malaysia’s coast in areas claimed by both China and Malaysia. It then proceeded beyond waters claimed by Beijing to the Indian Ocean, where it conducted the first exercises by Chinese military vessels in waters south of Indonesia.
After China’s announcement of its white paper on defence, Foreign Minister Datuk Seri Anifah Aman had spoken publicly about Malaysia’s delicate diplomatic role in the potentially explosive situation by pursuing an ongoing effort to draw up a Code of Conduct (CoC) in the South China Sea, as reported by Bernama.
“While we recognise the development of the CoC is a gradual process in which parties have agreed to take a step-by-step approach, we are of the view the pace needs to be hastened. Malaysia hopes China will work together with Asean member states in hastening the conclusion of negotiations on the CoC,” he said in an interview with a local news daily in April.
In 2002, Asean and China agreed on a Declaration on the Conduct of Parties in the South China Sea, a document which among others reaffirmed the parties’ commitment to international law. The parties have since been working to draw up an official and binding CoC to further promote peace and stability.
“I believe the CoC will provide the necessary rules of engagement for all parties in managing their activities in the South China Sea. It is therefore imperative that Asean and China make meaningful and tangible progress in the development of the CoC.
“Asean and China have stood together through challenging times; our fates are inextricably intertwined and that prosperity for one is prosperity for the other.
“Asean and China must also continue to give the right perception to the international community that we are managing the issues peacefully and amicably, to avoid unnecessary attention and intervention from external parties. This includes preventing the undertaking of activities that can raise suspicions and escalate tension,” he explained.
Should Malaysia Be Prepared For More Skirmishes And Intrusion Into Its Disputed Waters?
Captain Abdul Rahmat Omar Mohamed Haniff. Pic: AwaniWhen contacted by the Malaysian Digest, Captain Abdul Rahmat Omar Mohamed Haniff, a retired former Royal Malaysian Air Force pilot said chances for a third World War to happen is small because China’s stance on this matter is not something new.
“However in my opinion on chances for “skirmishes” or battle among states and China are big.
“China is now becoming more aggressive to stand on their 9-dash line policy and has contrasted structures on reefs that could place fighter jets and as a support base for People’s Liberation Army – Navy (PLAN),” he said.
Abdul Rahmat said it is undeniable that Malaysia has strived to maintain a good relationship with the United States.
“It has come to my understanding that the United States takes Malaysia’s opinion in various current issues take into consideration. Plus John Kerry (United States Secretary of State) respects our Foreign Affairs Minister Datuk Seri Anifah Aman.
“Nevertheless, this does not mean that Malaysia disregard China because Malaysia and China have a good trading relationship.
“However Malaysia is not easily pressured by China. Malaysia is still neutral it is just that Malaysia’s firmness against China hegemony attitude is more apparent,” he explained.
He further said that Malaysia will keep being neutral and that this approach will encourage other countries to foster and maintain diplomatic and trade relationships with Malaysia.
It’s good being neutral and all, but shouldn’t Malaysia be more aggressive to resolve the issue? Abdul Rahmat said being aggressive is pointless if we do not have the military and naval might.
“Firmness and aggression is meaningless if we do not have a strong air and naval force to back up the aggression. The Defence Minister’s focus is more on expenses to eradicate the IS’ threat, a threat to Home Affairs is a threat to our ability to ward off China’s aggression in any of their negotiation.
“The structures that China build on the South China Sea enable them to sail to Sabah within a day,” he observed.
Is China’s Nine-Dash Line Claim Valid?
ASEAN Vs China’s claims over South China Sea with the imaginary Nine-Dash-Line outlining China’s claimed territorial waters. Pic: Source UNICLOS/CIA
Dr Mohammad Zaki Ahmad Deputy Dean, School of International Studies (SOIS), Universiti Utara Malaysia (UUM) said China claim to the South China Sea is based on that historical fact.
However after UNCLOS is signed it has changed the legal basis of the claim which is inconsistent with the law of the sea.
“The Philippines and Vietnam also claim sovereignty based on the convention.
“So basically China claims sovereignty of the sea based on their historical fact while the Philippines, Vietnam as well as Malaysia claim sovereignty based on the convention,” he said when contacted by Malaysian Digest.
Dr Mohammad Zaki Ahmad Deputy Dean, School of International Studies (SOIS), Universiti Utara Malaysia (UUM)
The nine-dash line refers to China’s claim to the South China Sea dating back to records from the Xia and Han dynasties. China delineates its claims via this historical nine-dash line, which Chiang Kai Shek advanced in 1947. During China’s republican era, China surveyed, mapped and named 291 islands and reefs in the region.
In spite of having made the dubious claim public in 1947, China is still (as of 2015) to file a formal and particularly defined claim to the zone inside of the dashes.
Plus, Vietnam also rejected the 9-dotted line claim, citing that it is baseless and against the UNCLOS.
In 2010, at a regional conference in Hanoi, Secretary of State Hillary Clinton announced that “the United States has a national interest in freedom of navigation, open access to Asia’s maritime commons, and respect for international law in the South China Sea”.
The United States has likewise called for free access to the zone that China asserts as its own, and blamed Beijing for adopting an undeniably forceful position on the high oceans.
As early as 1958, the Chinese government released a report relating to its regional limits, expressing that China’s regional waters cover twelve nautical miles, and declaring that this procurement applies to all the region of China, including the Chinese terrain and offshore islands, Taiwan and its encompassing islands, the Penghu Islands, the Dongsha Islands, Xisha Islands, Zhongsha Islands, the Nansha Islands and different islands having a place with China.
Where Does Malaysia Stand In This Dispute?
Protesters chant anti-China slogans as they march towards the Chinese consulate in Manila’s Makati financial district in this May 11, 2012 file photo. Pic: Reuters
Talking about Malaysia’s role, news reports previously have said that the government is taking the neutral step, in fact some deemed it as “play it safe” and “hedging its bets” leveraging United States global influence against China’s growing regional military presence.
However Malaysia which had previously maintained a more low-key and non-confrontational attitude toward the Chinese provocations in the area did take a firmer stance in June this year against China about this issue.
Questions have been raised as to whether Malaysia’s emboldened stance is related to increasing interest shown by the United States in Malaysia’s predicament.
On the other hand, Dr Zaki feels that Malaysia should stop being neutral about this issue.
Disputed islands in the South China Sea.
“Vietnam and the Philippines are most aggressive in defending their rights but for Malaysia they use the “wait and see” approach and diplomatic negotiation.
“The obvious factor as to why Malaysia chooses these approaches is because of the close diplomatic and trade relationship with China. So the approach is to keep silent about this rather than say anything about this issue.
“Malaysia will continue take the “wait and see” approach and will not provoke China about this issue because of the dependency on trade relationship with China.
“That however has caused frustration for Vietnam and the Philippines because currently Malaysia is the Chairman for the ASEAN group and they hope for us to act more about this issue and China’s intrusion.
“Malaysia needs to balance its interest as well as taking other’s interests into consideration and Malaysia is in a difficult position due because of its role as the ASEAN chairman,” he said.
Malaysia made its most pronounced stance on the issue recently at the Southeast Asian Conflicts and Security Cooperation which was held in Beijing on June 28.
ASEAN representatives converging on the convention had urged China to seriously weigh in on negotiations of the long delayed CoC so that all parties involved can move another step forward.
Wawasan Open University (WOU) Pro-Chancellor Tan Sri Dr Koh Tsu Koon, the former Chief Minister of Penang who attended the forum had voiced a common refrain shared by ASEAN members.
“From the perspective of ASEAN as small countries, we are concerned of the South China Sea disputes and geo-politics (in the region), on how it could affect us,” he said.
He said if the disputes could not be solved through negotiations, it could be taken to the International Court of Justice (ICJ), as reported by Bernama.
“If China is so confident about its historical and legal basis of the claims in the disputed water, why does it hesitate to go to the International Court of Justice?,” he asked.
As observed by Malaysia’s Foreign Minister Datuk Seri Anifah Aman at the ASEAN Foreign Minister’s retreat in Kota Kinabalu earlier this year that Malaysia is “not shy about publicly announcing ASEAN’s desire for an early conclusion of the Code on Conduct on the South China Sea.”
In Malaysia’s case, ‘playing it safe’ has involved walking on a tightrope by continuing to preserve the nation’s claims on the South China Sea yet working hard to boost trade and economic relations with China while capitalizing on the advances from the United States which desire to keep Malaysia in its radar to ensure our inclusion in the controversial Trans-Pacific Partnership Agreement (TPPA).
