China's territorial claim draws harsh criticism at East Asia-ASEAN meeting

NEW DELHI: Tensions came to the fore at last week's East Asia and ASEAN Foreign Ministers Meeting in Malaysia, with countries including USA, India, Japan and Australia expressing deep concern over China’s territorial claim and creation of artificial islands in the South China Sea (SCS) region. This happened even as China asserted that it has halted its reclamation project in the region.

The harshest criticism came from US Secretary of State John Kerry, who accused China of restricting navigation and overflights in the SCS region, assurances from his Chinese counterpart Wang Yi notwithstanding. China's relentless claims have raised alarm bells in large parts of Southeast Asia and India too is worried as claims in SCS impacts Delhi's economic and strategic interests.

Freedom of navigation and overflight are among the essential pillars of international maritime law, Kerry told the East Asia Summit in Kuala Lumpur attended by several foreign ministers from across the globe. “Despite assurances that these freedoms would be respected, we have seen warnings issued and restrictions attempted in recent months. Let me be clear: The United States will not accept restrictions on freedom of navigation and overflight, or other lawful uses of the sea,” he said.

India’s minister of state for external affairs, VK Singh, who attended both the summits supported positions of Vietnam and Philippines and other countries on the matter. “We share the concerns expressed by our ASEAN colleagues about the evolving situation in the South China Sea. Freedom of navigation in international waters including in the South China Sea, the right of passage and overflight, unimpeded commerce and access to resources in accordance with the principles of international law, including the 1982 UN Convention on the Law of the Sea, are issues of concern to us all,” he asserted.

The minister said India hopes that all parties to the disputes in the SCS region will abide by the 2002 Declaration on the Conduct of Parties in the South China Sea and work together to ensure peaceful resolution of disputes. “We remain supportive of efforts for the early conclusion of a Code of Conduct on the South China Sea, by a process of consensus,” said Singh. This is the most comprehensive position by India so far in the context of rising tension in the SCS region.

Land reclamation works in the South China Sea have “increased tensions” in the region, Southeast Asian foreign ministers also said on Thursday.

Southeast Asian countries, along with USA, India, Japan and Australia, are worried about China’s large-scale reclamation and construction on islands, including some which appear to have military features. South China Sea is one of the world’s busiest shipping lanes. China has been creating artificial islands in waters where Vietnam, Malaysia, Indonesia Taiwan and the Philippines have overlapping claims.

Official sources said China's historical evidence is baseless and its reclamaation activities in SCS is illegal and contradicts international laws and norms. Disputes must be resolved peacefully through diplomatic means and freedom of navigation and over flight in the SCS region must be assured and maintained, sources stressed.

Vietnam and Philippines are most threatened by the Chinese plans of reclamation in SCS. Under such circumstances Vietnam two fold strategy is to engage multilateral diplomacy and strengthen military capability is to protect its shelf, experts pointed out.

In Delhi, Justice Antonio T Carpio, senior associate justice, Supreme Court of the Philippines, on last Thursday gave a detailed presentation in the Indian Council of World Affairs on China’s claims in SCS region. “No country in the world has made claim on one sea since 17th century as China is doing now. These claims have no historical basis. The objective of Beijing is to expand presence in the SCS region to lay claim over oil, natural gas and fisheries in the area besides projecting military power,” he said. Experts point that there is no choice for Philippines but to go for Permanent Court of Arbitration.

Experts and analysts pointed out that in this backdrop closer cooperation between US-India-japan as well as US-Vietnam-Philippines are expected. And there is a drive towards military modernisation in Southeast Asia due to China's aggressive posture. India is strengthening Act East Policy amid these developments. Experts anticipate that ASEAN could acquire military dimension in future.

Speaking at seminar here last Friday Prof G V C Naidu of JNU said, “ASEAN needs to stop dithering and take firm stand and play a crucial role. SCS is at the heart of Southeast Asia and Southeast Asia is at the heart of East Asia. Any control over SCS would give China tremendous advantage…Given India’s geo-economic needs it seeks peaceful resolution to the SCS dispute."