ASEAN REGIONAL FORUM POSITION PAPER

INDONESIA ON SOUTH CHINA SEA CONFLICT

Country            : Republic of Indonesia

Topic Area       : South China Sea Conflict

Committee        : Ministry of Foreign Affairs

Delegate           : Rizal T, Muthi F, Siti Rozalia, Diapermata S, Silvia Y

South China Sea conflict involve some members of ASEAN so that this conflicts needs a peace making resolve. For the first time in history, ASEAN failed to reach agreement because of the South China Sea dispute at the Annual Meeting of Foreign Ministers (AMM) to 45 in Cambodia. Although Indonesia is not acclaimed to the island, as a founding member of ASEAN Indonesia also has an awareness to participate to maintaining the integrity of the organization and maintain solidarity among ASEAN member countries. However making agreement between countries is necessary to resolve South China Sea Conflict.

Causes

The claim of the ownership of Spratly islands and Paracel islands given by China providing some tension in South China Sea region. South China Sea is a semi-enclosed seas, which means a sea that directly bordered by 2 states or more, and south china sea is not only bordered with Philippines and china, but also with some other state members of ASEAN such Vietnam, Brunei and Malaysia who argue that some part of South China Sea is belong to their territory. They are claiming the ownership of these islands because the islands have great potential of natural resources, the Spratly area holds significant reserves of oiland natural gas, it is a productive area for world fishing and commercial shipping, and coastal countries would get an extended continental shelf.  The one who determined to claim the island is China. The reasons China claims the ownership of those islands was because historical sovereignty that based on the ancient map made on 2 BC by the Chinese navy, the Nansha island or now called Spratly islands was belong to China. Because of the claim made by China, some states like Philippines, Vietnam, Brunei, and Malaysia refuse about what China’s done. This phenomenon affected the stability of regional area in South East Asia that always been well-kept, because some members of ASEAN were involved in the disputes against each other and China. Not only security in regional, but also on economic sector that this dispute will make disadvantageous consequence if there are no actions to settle down all of the tension.

Policies

Indonesia as the state member of ASEAN who really concern about the realization of peace-building not only in South East Asia region but also in all over the world, want to contributing actively on settlement this territorial dispute. Similarly with the objective of ASEAN as the regional organization on South East Asia region that all the member agreed to contribute in peace-making and peace building. If there will be some disputes in the future, then all the problem will be settling through negotiation or discussion and without using the military power. When one state or more who involved in the disputes uses their military power, not only states who involved directly in the disputes would get the effect caused of it, but also all the states who located close to them will get the consequences too. Moreover, as a state member of ASEAN which has been agreed to prevent any kind of military action in South East Asia region, Indonesia give suggestion to each ministry of foreign affairs of ASEAN’s member for prevention and settlement of the South China Sea dispute by using a solution as peace as possible. Indonesia takes the initiative by point itself as facilitator who participates in any kind of discussion or negotiation to prevent the escalation in South China Sea conflict.

Solution

1.      Obedient UNCLOS article 123

As the international law of the sea that had been ratified by many states, we should obedient with the content of UNCLOS especially article 123 which appropriate with the geographical of South China Sea. The content is “States bordering on enclosed or semi-enclosed seas are expected to co-operate with each other in exercising their rights and performing their duties under the Convention, and where appropriate, to invite other interested states or international organizations to co-operate in furthering the aims of the Convention.”

2.      Code of Conduct

In order to fulfill the function as facilitator of South China Sea conflict, Indonesia proposes draft of Code of Conduct to each Ministry of foreign Affairs of ASEAN’s state members.

3.      Rules of the Law and Rules of the Sea

Indonesia recommended some solutions of this dispute, by proposing the ideas about Rules of the Law and Rules of the Sea. These ideas are containing about how to relieve conflict that might emerge and what is going to be done to make the emerging conflict not getting worse.