Singapore meddling in Spratlys - Filipino Foreign Affairs
The Philippine Star
October 21, 2002
By Aurea Calica
WELCOME to the fray.
In a surprising development, the city-state of Singapore is meddling in a declaration that claimant countries to the South China Sea territories, particularly the Spratly islands, want to adopt in an effort to avoid conflict in the oil- and mineral-rich area.
Highly placed sources at the Department of Foreign Affairs (DFA) said Singapore made representations in a recent senior officials meeting of the Association of Southeast Asian Nations (ASEAN) about its desire to have non-claimant countries included in any declaration over the South China Sea.
"We do not know Singapore?s interests," one of the sources said. "Its officials merely said they are entitled to be involved under the United Nations Convention on the Laws of the Sea (UNCLOS)."
The sources disclosed that Singapore does not want the declaration on the South China Sea to be confined exclusively between China and the other Spratly claimants in ASEAN.
The DFA officials said the concerned parties are only having problems with the phrase stopping claimant countries from "erecting" structures in the South China Sea to avoid tension in the area.
Manila initially batted for the creation of a code of conduct in the South China Sea, but years of negotiations failed to get China and the other Spratly claimants to sign a very specific agreement binding them to guidelines that would avert hostilities in the area.
The Spratlys are being claimed in whole or in part by China, Taiwan, the Philippines, Malaysia, Vietnam and Brunei.
The claimant countries seem more comfortable about adopting a general declaration in line with international laws and agreements, officials said.
The draft of the "Declaration on the Conduct of the Parties in the South China Sea" states the reaffirmation of the "determination to consolidate and develop the friendship and cooperation existing between the countries claiming the Spratlys in whole or in part." The draft document was prepared for the ratification of "member states of the ASEAN and the People?s Republic of China."
The draft states that the signatories are "cognizant of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region."
It also states the signatories? commitment "to enhancing the principles and objectives of the 1997 Joint Statement of the meeting of the heads of state/government of the member states of ASEAN and the president of (China)," and aims "to enhance favorable conditions for a peaceful and durable solution of differences and disputes among countries involved."
In this draft document, ASEAN member states and China "reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 (UNCLOS)."
Particularly, the draft provides for the parties involved in territorial disputes to "resolve their territorial jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned," in accordance with both international laws and the UNCLOS.
The clause that is the cause of the delay in the signing of this agreement bars Spratly claimants from "inhabiting or erecting structures on the presently uninhabited islands, reefs, shoals, cays and other features."
Should it be ratified by ASEAN members and China, the code of conduct would espouse the "holding of dialogues and exchange of views as appropriate between their defense and military officials; ensuring just and humane treatment for all persons who are either in danger or distress; notifying, on a voluntary bass, other parties concerned of any impending joint military exercise; and exchanging, on a voluntary basis, relevant information."
The document also allows for "cooperative activities," including marine environmental protection, marine scientific research, safety of navigation and communication at sea, search and rescue operation and combating transnational crime, including but not limited to, trafficking in illicit drugs, piracy and armed robbery at sea and illegal traffic in arms."
The agreement aims to explore "ways of building trust and confidence" in accordance with the principles stated in the document.
Links: http://www.singapore-window.org/sw02/021021ps.htm
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