South China Sea Developments in 2013: ASEAN Unity Restored, Sino-Philippine Tensions and ASEAN-China Consultations

on a Code of Conduct
Carlyle A. Thayer

Paper Presented to The 5th International Workshop on The South China Sea: Cooperation for Regional Security and Development co-sponsored by the Diplomatic Academy of Vietnam and Vietnam Lawyers’ Association, Melia Hotel, Hanoi, Vietnam November 11-12, 2013

2

South China Sea Developments in 2013: ASEAN Unity Restored, Sino-Philippine Tensions and ASEANChina Consultations on a Code of Conduct
Carlyle A. Thayer*
Introduction
This paper considers major developments affecting regional security cooperation in the South China Sea during 2013. First, the paper reviews the evolution of a common ASEAN position on a Code of Conduct (COC) following the debacle at the 45th ASEAN Ministerial Meeting in Phnom Penh in July 2012. Second, the paper discusses new tensions between Beijing and Manila following the Philippines submission of a claim for an Arbitral Tribunal, the dispatch of Chinese Coast Guard vessels to Second Thomas Shoal, and Philippine allegations of Chinese construction activities at Scarborough Shoal. Third, the paper traces developments from China’s announcement in April that it was willing to begin consultations with ASEAN on a COC, the first China-ASEAN consultations, and the end of year round of ASEAN and related summits. Fourth, the paper briefly reviews the role of external powers – U.S. rebalancing and the Philippines, China’s provocative military exercises, and Japan-Philippines security cooperation. Fifth, the paper reviews the role of the South China Sea in bilateral relations between the Philippines and Taiwan, Vietnam and China, Malaysia and China, and Brunei and China.

1. ASEAN Unity Restored
In July 2012, at the 45th ASEAN Ministerial Meeting in Phnom Penh, disagreement between ASEAN Chair Cambodia and the Philippines and Vietnam was so intense that ASEAN failed to issue a joint statement for the first time since it was founded in 1967. In 2012 Indonesia’s foreign minister Marty Natalegawa played a pivotal role in restorin g ASEAN unity after the debacle at ASEAN’s 45th ministerial meeting. Marty engaged in an intense round of shuttle diplomacy. He secured unanimous consent from his ASEAN counterparts on Six-Point Principles on the South China Sea. These were announced in public on July 20, 2012 by Cambodia’s Foreign Minister Hor Namhong as ASEAN Chair. Further, during the intense discussions at the 45th AMM Retreat Foreign Minister Marty promised to develop a non-paper in order to advance ASEAN’s position on the COC. Indonesia presented a Zero Draft COC to ASEAN foreign ministers on the sidelines of the UN General Assembly meeting in New York in September 2012.1 Also in 2012 Thailand assumed the role of ASEAN country coordinator for relations with China and became
*

Emeritus Professor, The University of New South Wales at the Australian Defence Force Academy, Canberra. Email: c.thayer@adfa.edu.au.
1

Carlyle A. Thayer, “ASEAN, China and the Code of Conduct in the South China Sea,” SAIS Review of International Affairs, 33(2), Summer-Fall 2013, 75-84 and Carlyle A. Thayer, “New Commitment to a Code of Conduct in the South China Sea?,” NBR Commentary [The National Bureau of Asian Research], October 9, 2013.

3 increasingly active in raising the South China Sea issue with China.2 And Cambodia went quiet and dropped its obstructive tactics of the previous year. ASEAN new-found sense of purpose appear to influenced China to commit itself to formal consultations with ASEAN on the South China Sea COC. In January 2013, the ASEAN Chair passed from Cambodia to Brunei and career Vietnamese diplomat Le Luong Minh replaced Surin Pitsuwan as ASEAN Secretary General. Both became proactive in reviving discussions with China on the COC.3 In April, for example, Brunei’s Sultan raised the issue of the COC with President Xi Jinping during his visit to Beijing and the Boao Forum on Hainan Island. Later in April, newly installed ASEAN Secretary General Minh requested Indonesia’s President Susilo Bambang Yudhoyono to assist in addressing the South China Sea dispute.4 ASEAN foreign ministers convened their 46th ASEAN Ministerial Meeting in Brunei on April 11. The Philippines’ Foreign Secretary Albert Rosario provided an explanation f or his country’s unilateral legal action and reaffirmed his support for ASEAN’s efforts to negotiate a legally binding COC with China. The joint communiqué issued after the AMM stated:
91. We looked forward to continued engagement with China in the full and effective implementation of the DOC in all its aspects. We would continue carrying out mutually agreed joint cooperative activities and projects in accordance with the Guidelines for the Implementation of the DOC. We stressed the need to maintain the positive momentum on dialogue and consultations following the 19th ASEAN-China Senior Officials Consultations and 8th ASEAN-China Joint Working Group on the Implementation of the DOC. Taking into account the importance of the 10th anniversary of the ASEAN-China Strategic Partnership in 2013, we look forward to the formal consultations between ASEAN and China at the SOM level on the COC with an aim to reach an early conclusion of a Code of Conduct in the South China Sea, which will serve to enhance peace, stability and prosperity in the 5 region (emphasis added).

Immediately following the AMM, ASEAN held its 22nd Summit from April 24-25. ASEAN leaders discussed the South China Sea without the contretemps of the previous year. The Chair’s Statement issued by Brunei declared:
60. We looked forward to continued engagement with China in implementing the DOC in a full and effective manner, including through mutually agreed joint cooperative activities and projects. Taking th into account the importance of the 10 anniversary of the ASEAN-China Strategic Partnership in 2013,
2

“Thailand seeks talks on South China Sea,” Bangkok Post, January 15, 2013 and “Sihasak seeks South China Sea parley,” Bangkok Post, January 25, 2013.
3

“New ASEAN chair Brunei to seek South China Sea code of conduct,” GMA News, January 14, 2013;“New ASEAN chief seek to finalise Code of Conduct on South China Sea,” Channel News Asia, January 9, 2013; and Termsak Chalermpalanupap, “Toward a code of conduct for the South China Sea,” The Nation, January 22, 2013,
4

Bagus BT Saragih, “ASEAN chief pushes RI to act on South China Sea dispute,” The Jakarta Post, April 9, 2013.
5

“Joint Communiqué 46 ASEAN Foreign Ministers’ Meeting, Bandar Seri Begawan, Brunei Darussalam, 29-30 June 2013,” http://www.asean.org/news/asean-statement-communiques/item/joint-communique46th-asean-foreign-ministers-meeting-bandar-seri-begawan-brunei-darussalam-29-30-june-2013.

th

4
and the positive momentum following the 19th ASEAN-China Senior Officials’ Consultations, we tasked our Ministers to continue to work actively with China on the way forward for the early conclusion of a 6 Code of Conduct in the South China Sea (COC) on the basis of consensus.

In July 2013, Philippine presidential spokesperson Edwin Lacierda revealed that, “we have already drafted the code of conduct, and we have asked them [China] to discuss it with us.”7

2. Sino-Philippines Tensions
This sub-section reviews three major bilateral issues that arose in 2013: the Philippines decision to take legal action on its territorial dispute with China; a confrontation at Second Thomas Shoal; and Philippine allegations of Chinese construction activities at Scarborough Shoal. In March, the Philippine Navy (Hukbóng Dagat ng Pilipinas) announced that it would commence patrols in the West Philippines Sea to check on possible Chinese naval intrusions and naval exercises within its maritime boundary.8 In April, the Philippines and the United States conducted their annual Balikatan joint military exercises (see below).9 China and the Philippines held their 4th Defence and Security Talks in China on April 27. China was represented by PLA Deputy Chief of Staff Qi Jianguo and the Philippines was represented by Undersecretary for Defense Affairs Honorio Azcueta. The two delegations discussed personnel exchanges and collaboration to address natural disasters and climate change.10 China’s new Foreign Minister Wang Yi pointedly omitted the Philippines from his four-nation visit to Southeast Asia from April 30-May 5. Minister Wang visited Thailand, Indonesia, Singapore and Brunei.11 In July, Foreign Secretary del Rosario disclosed that he had invited Wang Yi to Manila for a “full and constructive discussion on all issues.” Del Rosario noted that since he was appointed Foreign

6

“Chairman’s Statement of the 22 ASEAN Summit, ‘Our People, Our Future Together,’ Bandar Seri Begawan, April 24-5, 2013,” http://www.asean.org/news/asean-statementcommuniques/item/chairmans-statement-of-the-22nd-asean-summit-our-people-our-future-together.
7

nd

Andreo C. Calonzo, “PHL govt welcomes China’s decision to hold talks on sea code,” GMA News, July 4, 2013.
8

Tarra Quismundo, “PH sea patrols to check on China naval exercises,” Philippines Daily Inquirer, March 22, 2013.
9

“Del Rosario takes swipe at China,” Sun Star, April 19, 2013.

10

BM and GMA News, “PHL, China defense talks ai to continue good relations despite disputes: DND,” GMA Network, May 6, 2013 and Alexis Romero, “Despite row, Phjl, China eye closer defense ties,” The Philippines Star, May 6, 2013.
11

LBG and GMA News, “DFA chief: Chinese envoy’s decision to skip PHL in Asian tour a prerogative,” GMA Network, May 5, 2013 and Sara Susanne D. Fabunan, “DFA plays down snub of China,” Manila Standard Today, May 6, 2013.

5 Secretary he had visited China three times but there were no return visits from his Chinese counterpart.12 On May 21, President Aquino announced a 75 billion peso (US $1.8 billion) five-year military modernization program with priority to the navy, communications, intelligence and surveillance systems.13 Arbitral Tribunal. On January 22, without prior consultation with other ASEAN states, the Philippines formally lodged a legal Notification and Statement of Claim to the United Nations to establish an Arbitral Tribunal under UNCLOS.14 China rejected this claim and declined to participate. However, under the provisions in UNCLOS, the Arbitral Tribunal proceeded without China’s participation. A five-member Arbitral Tribunal was set up in April. It is composed of judges from Ghana (chair), Germany, France, Netherlands and Poland.15 The tribunal held its first session on July 11, and later sent its draft Rules of Procedure to the Philippines and China for comment. The Philippines responded on July 31, China replied a day later in a Note Verbale stating that it did not accept the legal action initiated by the Philippines and would not participate in the tribunal’s proceedings.16 On August 27, the Arbitral Tribunal issued its first procedural order announcing its initial timetable and Rules of Procedure. The Philippines was directed “to fully address all issues, including matters relating to the jurisdiction of the Arbitral Tribunal, the admissibility of the Philippines’ claim, as well as the merits of the dispute” by March 30, 2014.17 Next year the Arbitral Tribunal must determine whether the Philippines has established a case in international law and if the Arbitral Tribunal has jurisdiction over the matters raised. The Arbitral Tribunal can only proceed to hear the claim brought by the Philippines if it decides yes on both questions. The Philippines’ legal action led China to place bilateral relations in virtual cold storage. Foreign Minister Wang Yi pointedly excluded the Philippines from his itinerary during his
12

“Philippines invites China’s Wang to discuss S. China Sea dispute,” Kyodo News International, July 4, 2013.
13

Cecil Morella, AAP, “Philippine boost military by $1.8 bn,” Herald Sun, May 21, 2013 and Ronron Calunsod, Kyodo News, “Philippines has ‘contingency plans’ to defend isles,” ABS CBN News, June 13, 2013.
14

Carlyle A. Thayer, “China At Odds with UN Treaty,” USNI [United States Naval Institute] News, March 3, 2013, http://www.scribd.com/doc/132136055/Thayer-South-China-Sea-China-Rejects-Arbitration-Claimby-the-Philippines.
15

The original chair was from Sri Lanka. He resigned over possible conflict of interest because he was married to a Filipina. Chinese diplomats and scholars conducted an active low-key whispering campaign against the Sri Lankan.
16

Veronica C. Uy, “Philippines given until March next year for submissions against China’s nine -dash line claim,” InterAkyson.com, August 28, 2013.
17

Michael Del Callar, “PHL case vs. China moves forward as tribunal adopts rules of procedures,” GMA News, September 3, 2013.

6 regional visits. No incident was more telling than China’s reaction to P resident Benigno Aquino’s announcement that he intended to attend the Tenth China -ASEAN-Expo (CAEXPO) in Nanning (September 3-6) as official host of the exposition. China responded by requesting that Aquino visit China “at a more conducive time.”18 It was subsequently revealed by Philippine officials that China insisted on the Philippines dropping its claim to the Arbitral Tribunal as a condition for Aquino’s visit.19 President Aquino decided not to attend the CAEXPO and sent his Trade Secretary instead. Second Thomas Shoal. Second Thomas Shoal (Ayungin Shoal or Ren’ai Reef) is located 106 nautical miles west of Palawan and lies entirely within the Philippines’ Exclusive Economic Zone and serves as a “strategic gateway” to Reed Bank.20 The shoal is 15 km long and 5 km wide. It is guarded by a small contingent of Philippine marines based on BRP Sierra Madre, a former US LST that was deliberately run around in 1999.21 According to an official spokesperson for China’s Ministry of Foreign Affairs, since 1999 China has repeatedly demanded the Philippines tow away the BRP Sierra Madre.22 In 2013 President Aquino instructed the Armed Forces of the Philippines (AFP) to shore up the rusting ship.23 According to a classified Philippine government report, in April China once again demanded that the Philippines remove the rusting BRP Sierra Madre. When the Philippines ignored the demand China responded to dispatching military and fishing vessels to Second Thomas Shoal.24 According to one report, the AFP transported “fresh construction supplies to the location, building a fresh platform over the decrepit framework.”25 Other reports claim to the contrary, “Manila claims that ships sent to the shoal carry provisions for the

18

Manuel Mogato and Ben Blanchard, “China asks Philippines’ Aquino to call off visit in apparent snub,” The West Australian, August 29, 2013.
19

Jim Gomez, Associated Press, “Philippine officials say China set impossible conditions for president’s visit,” Daily Reporter, September 2, 2013.
20

Bonnie S. Glaser and Alison Szalwinski, “Second Thomas Shoal Likely the Next Flashpoint in the South China Sea,” China Brief (The Jamestown Foundation), 13(13), June 21, 2013. http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=41054&tx_ttnews% 5BbackPid%5D=688&no_cache=1#.UnbrxaWjCFI and Richard Javad Heydarian, “New reef hits China Philippines ties,” Asia Times Online, July 18, 2013.
21

Channel News Asia, “Grounded ship is Philippines’ last line of defence against China in South China Sea,” May 23, 2013 and PTI, “Philippines vows to defend territory against China, The Hindu, May 23, 2012.
22 23 24

“China refutes Philippines’ accusations of militarizing South China Sea,” Xinhua, July 1, 2013. Glaser and Szalwinski, “Second Thomas Shoal Likely the Next Flashpoint in the South China Sea.”

“Photos obtained by Kyodo show simmering tensions in S. China Sea,” Kyodo News International, July 18, 2013.
25

Santolan, “Armed stand-off, mounting tensions, in the South China Sea,” World Socialist Web Site, May 29, 2013.

7 troops and that it has no intention to build further infrastructure on the shoal.”26 China, in fact, called the presence of Philippine marines “illegal” and protested the dispatch of supply ships as a violation of the DOC. China also asserted its right to protect its sovereignty by carrying out maritime patrols.27 In late May Defense Secretary Voltaire Gazman spoke to China’s Ambassador to the Philippines, Ma Keqing. Gazmin stated in an interview, “They [the Chinese] were concerned about the Philippines coming up with structures… additional structures on the Ayungin Shoal. I told her that t he ship moving towards Ayungin Shoal is only for provisions of food and water for the soldiers who are there.”28 On May 9 the Philippine Navy announced its spotted two China Maritime Surveillance ships and one PLAN frigate near Ayungin Shoal and dispatched patrol boats to investigate. The following day, the Philippines protested to the Chinese Embassy in Manila, “the provocative and illegal presence of Chinese government ships around Ayungin Shoal.”29 Philippines sources reported that a PLAN warship, two China Marine Surveillance vessels and a flotilla of thirty Chinese fishing boats were in the vicinity of Second Thomas or Ayungin Shoal. 30 Several of the boats fished at the shoal and fishermen had erected metal and rope structures on the reef.31 On May 22, Queen Seagull, a Filipino utility boat carrying 178 crew and passengers (including the mayor of Kalayaan Island town) were accosted at night by two unidentified Chinese ships and chased away from Ayungin.32 As of May 22 no Philippine Navy ships were harassed and the marines were resupplied without any interference. 33 On May 23, Hong Lei, spokesperson for the China’s Ministry of Foreign Affairs stated, “Ren’ai Reef [Second Thomas Shoal] is a part of Nansha Islands in the South China Sea. China has indisputable sovereignty over the Nansha Islands and its surrounding waters. It is China’s indisputable right to conduct regular patrols in the waters.”34
26

The Philippine Star, May 17 and 22, 2013 and Malaya, June 5, 2013 cited in Glaser and Szalwinski, “Second Thomas Shoal Likely the Next Flashpoint in the South China Sea.”
27

People’s Republic of China, Ministry of Foreign Affairs, May 22 and 30, 2013 quoted in Glaser and Szalwinski, “Second Thomas Shoal Likely the Next Flashpoint in the South China Sea.”
28

ELR, “DND chief to PROC envoy: PHL ship going to Ayungin Shoal is on supply run,” GMA News, May 30, 2013.
29 30

Cecil Morella, AAP, “Philippine boost military by $A18 bn,” Herald Sun, May 21, 2013.

Jim Gomez, “Philippines protests presence of Chinese warship, fishing boats in disputed Spratly Islands,” Associated Press, May 21, 2013.
31

Pia Lee-Brago and Alexis Romero, “China sends ships to another Phl shoal,” The Philippine Star, May 22, 2013.
32

Jim Gomez, “Philippines protests presence of Chinese warship, fishing boats in disputed Spratly Islands,” Associated Press, May 21, 2013 and Pia Lee-Brago and Alexis Romero, “China sends ships to another Phl shoal,: The Philippine Star, May 22, 2013.
33 34

Channel News Asia, “Philippines protests to China over ‘illegal’ sea presence,” May 22, 2013. CNTV, “China refutes claim on vessel entering Philippine waters,” Xinhuanet, May 23, 2013.

8 In July “highly-placed (Philippine) military sources” responded to a report that Chinese ships and boats at Ayungin Shoal had withdrawn by stating, “No, that’s not true (story). The Chinese never left Ayunging. [They’re there] up to the present.” 35 The military sources stated that a PLAN frigate, No. 83, was still on station along with many Chinese fishing craft. Other PLAN ships return to Ayungin to monitor new movements by the Philippines navy. A classified Philippine government report leaked in July stated, “China has maintained a constant pressure on at least two or three marine surveillance ships and a frigate in the vicinity of the shoal [Ayungin] conducting surveillance patrol and illegal fishing.”36 Aerial photographs showed Chinese fishing boats loaded with giant clams and corals obtained at the shoal. According to the classified document, Chinese maritime surveillance and military vessels intruded into waters around Ayungin Shoal on twenty-four occasions from 2010-2012. And since February 2013, the Philippine military has recorded an in crease in sighting of Chinese maritime law enforcement and PLAN ships near Ayungin Shoal. Scarborough Shoal. On May 1, 2013 Filipino fishermen from Zambales province reported that Chinese surveillance ships had begun enforcing a 15-mile fishing restriction around Scarborough Shoal (Panatag Shoal/Bajo de Masinloc). Filipino boats were intercepted and ordered to turn back.37 Philippines intelligence reported that there were four China Marine Surveillance and one Fishery Law Enforcement Command on station at Scarborough Shoal.38 In June 2013 unidentified “highly placed [Philippine] military sources” reported that satellite imagery confirmed that Chinese vessels had unloaded sacks of gravel, stone, cement and metal at Scarborough Shoal and had commenced building structures there.39 On September 3, Philippine Secretary of Defense Voltaire Gazmin presented aerial photographs taken of Scarborough Shoal to a congressional hearing. These photographs were taken by the Philippines Air Force a few days earlier and showed what appeared to be thirty concrete blocks, two vertical posts and a white buoy in the lagoon.40
35

Jamie Sinapit, “Premature Rejoicing: Chinese Navy ship, fishing boats still in Ayungin,” InterAksyon.com, July 7, 2013.
36 37

Kyodo News, “Manila keeps eye on Beijing in South China Sea,” The Japan Times, July 14, 2013.

Jamie Laude, “China imposes 15-mile fishing rule in Panatag Shoal,” The Philippine Star, May 1, 2013 and Jim Gomez, Associated Press, May 22, 2013.
38

Pia Lee-Brago and Alexis Romero, “China sends ships to another Phl shoal,” The Philippine Star, May 22, 2013.
39

Jaime Sinapit, “Chinese ‘start building structures’ on Panatag Shoal – military sources,” InterAksyson.com, June 6, 2013. Academic Rommel Banloai dismissed this report as inaccurate; see: Alexis Romero, “No new Chinese structures, but 4 ships in Panatag – expert,” The Philippine Star, June 10, 2013.
40

This section is based on Carlyle A. Thayer, “To Isolate Philippines, China Woos ASEAN,” The Diplomat, October 1, 2013, http://thediplomat.com/flashpoints-blog/2013/10/01/to-isolate-philippines-china-woos-

9 Secretary Gazmin speculated that the concrete blocks “could be a prelude to construction” and were a violation of the 2002 Declaration on Conduct of Parties in the South China Sea. A day later the Department of National Defense reported that new photographs had identified a total of 75 concrete blocks at Scarborough Shoal. Secretary of Foreign Affairs Alberto del Rosario announced that the Philippines intended to file a diplomatic protest with China. The Philippines also recalled its Ambassador to China for consultations.41 An official Chinese spokesperson for the Ministry of Foreign Affairs responded to a question about the concrete blocks by stating, “what the Philippine side said is not true.”42 China released its own photographs of Scarborough Shoal showing the tips of rocks jutting out of the sea at high tide.43 Six weeks after Secretary Gazmin’s highly charged allegations the Philippines was forced to back down. On October 23 President Benigno Aquino revealed that the blocks shown in the photographs were “very old” and “not a new phenomenon.” “Some of them,” he said, “have barnacles attached to them.” President Aquino then undercut the Philippines’ argument that China had virtually annexed Scarborough Shoal by admitting that local Filipinos freely go there to fish. Two days later, Secretary Gazmin tried to explain the contradiction between his earlier testimony and the President’s remarks. Gazmin stated, “the president is right that some of the blocks have barnacles meaning that they are already old. But this is new to us because we just saw them recently.” Gazmin admitted that the Philippines Air Force had no way of knowing how old the concrete blocks were. Secretary Gazmin also noted that “we conduct regular air patrols there” but high tide might have prevented aerial reconnaissance from spotting the blocks on previous missions.” Gazmin concluded that there was no need to remove the blocks, as once suggested, because they did not pose a threat to navigation. When asked to state categorically whether China put the blocks in Scarborough Shoal, Secretary Gazmin replied, “We cannot tell.” Coincidently, the Department of Foreign Affairs announced that it had dropped plans to file a diplomatic protest with China. The matter of the “blocks versus rocks” controversy took an unexpected turn when military sources reported the findings of a defense investigation into the concrete blocks
asean/ and Carlyle A. Thayer, “Philippines Should Apologize for False Scarborough Claims,” The Diplomat, October 30, 2013. http://thediplomat.com/flashpoints-blog/2013/10/30/philippines-should-apologizefor-false-scarborough-claims/.
41 42 43

HDT/Sunnex, “Manila’s envoy to Beijing returns home for consultation,” Sun Star, September 7, 2013. “China reiterates Huangyan islands sovereignty,” Xinhua, September 11, 2013.

“Scarborough Shoal ‘concrete’ looks just like rocks,” South China Morning Post, September 14, 2013 and Ellen Tordesillas, “PH, China in battle of photos on Scarborough Shoal,” ABS CBN News, September 22, 2013.

10 at Scarborough Shoal. The concrete blocks had been placed there by the U.S. Navy as “sinkers” to bolster old ships that were used for target practice. Military investigators interviewed Filipino fishermen who reported having seen the concrete blocks in the late 1980s. The military investigators also determined that the two vertical posts photographed in late August at the north entrance to Scarborough Shoal were put in place in 1989 by the Philippines Navy to support construction of a lighthouse. A day after these new revelations, Foreign Affairs Secretary del Rosario claimed the government had yet to determine the facts of the case. “I think you have two opposing views,” he said, “the Philippines view is that there are concrete blocks there except we don't know how it got there, when it got there and who put it there. The Chinese view is that there are no concrete blocks. There are only rocks. So there you are.”

3. ASEAN-China Consultations on a Code of Conduct
ASEAN’s changed dynamics (discussed above) appear to have led Beijing to rethink its approach to the South China Sea issue. On April 2, at the 19 th ASEAN-China Senior Officials Consultation, a Chinese representative announced China’s agreement to commence discussions with ASEAN on a COC later in the year. In late April/early May China’s new Foreign Minister Wang Yi visited Thailand, Indonesia, Singapore and Brunei to discuss the South China Sea issue prior to the scheduled ASEAN-China ministerial meeting. In Jakarta, Foreign Minister Marty reaffirmed agreement had been reached to hold a meeting of the ASEAN-China Working Group on the DOC “in the near future” to discuss the COC. He also endorsed a Chinese proposal, made in April the previous year, and reiterated by Foreign Minister Yi, to set up an Eminent Persons Group to complement the government-to-government talks.44 On June 30 the foreign ministers from ASEAN and China met in Brunei to discuss preparations for the commemorative summit to mark the tenth anniversary of the ASEAN-China Strategic Partnership (2003-13). Their discussions touched on both maritime cooperation and the South China Sea. With respect to the former, the ministers agreed to use the ASEAN-China Maritime Cooperation Fund to “promote practical cooperation in fishery, maritime connectivity. Marine science and technology, disaster prevention and reduction, and navigation safety and search and rescue…” 45 With respect to the South China Sea, the ministers stressed the importance of fully implementing the DOC and “the need to steadily move towards the conclusion” of a COC. The ministers welcomed the forthcoming “official consultations on the COC within the framework of the implementation of the DOC.” Finally, the ministers also agreed, “that steps will be taken to establish an Eminent Persons and Expert Group (EPEG) and/or other mechanisms to provide support to the above official consultation.”
44

Kyodo News International, “China, Indonesia suggest talks on binding rules in S. China Sea,” GlobalPost.com, May 1, 2013 and Bagus BT Saragh, “China closer to South China Sea Code of Conduct, Marty says,” The Jakarta Post, May 3, 2013.
45

Joint Press Release of the ASEAN-China Foreign Ministers’ Meeting, July 1, 2013.

11 Early the following month, Foreign Minister Wang Yi visited Malaysia, Laos, and Vietnam. He also visited Thailand to attend the High-Level Forum on the 10th Anniversary of China-ASEAN Strategic Partnership on August 2. Minister Wang used his trip to promote joint development and dialogue on South China Sea matters. At a press conference on August 5 he noted that China and ASEAN had only “agreed to hold consultations [as distinct from negotiations] on moving forward the process on the ‘Code of Conduct in the South China Sea (COC)’ under the framework of implementing the ‘Declaration on the Conduct of Parties in the South China Sea (DOC)…’” Wang Yi further stated that China “has noticed that there came out some different ideas from some parties concerned on how to promote the process of COC.” Wang then sounded a note of caution:
First, reasonable expectations. Some countries are talking about ‘quick fix’, like reaching consensus on COC within one day. It is an attitude neither realistic nor serious… Second, consensus through negotiations… Wills of individual country or of a few countries should not be imposed on other countries, as an old Chinese saying, nothing forcibly done is going to be agreeable. Third, elimination of interference. China and ASEAN countries tried several times to discuss on COC before, but got stuck due to some interferences… Fourth, step-by-step approach. The formulation of COC is stipulated in DOC. COC is not to replace DOC, much less to ignore DOC and go its own way. The top priority now is to implement DOC, especially promoting maritime cooperation. In this process, we should formulate the road map for COC through 46 consultations, and push it forward in a step-by-step approach.

On August 29, China-ASEAN Foreign Ministers held a Special Meeting in Beijing cochaired by Wang Yi and Thailand’s Foreign Minister Surapon Tovichakchaikul. This meeting was mainly concerned with planning for the China-ASEAN Summit to mark the tenth anniversary of their strategic partnership. The two sides reached agreement on seven points, only one of which touched on the South China Sea. Point five called on the parties “to make good use of the China-ASEAN Maritime Cooperation Fund.” 47 A separate press release noted that discussion on the COC “aims to be a rule -based framework in managing the conduct of parties in the South China Sea” and will commence the following month.48 The Sixth China-ASEAN Senior Officials’ Meeting and 9th Working Group Meeting on the Implementation of the Declaration on Conduct of Parties in the South China Sea met in Suzhou from September 14-15. At this meeting ASEAN and China held their first round of formal consultations on the COC and drew up a work plan on the DOC for 2013-14,
46

“Foreign Minister Wang Yi on Process of ‘Code of Conduct in the South China Sea’,” Ministry of Foreign Affairs of the People’s Republic of China, August 5, 2013. http://www.fmprc.gov.cn/eng/zxxx/t1064869.shtml.
47

Ministry of Foreign Affairs, People’s Republic of China, “Special China -ASEAN Foreign Ministers’ Meeting Held in Beijing,” August 29, 2013.
48

“Press Release: Special ASEAN-China Foreign Ministers’ Meeting, Beijing, China, 28-30 August 2013.”

12 approved an expert group to assist in developing the COC, and agreed to hold their next meeting in Thailand in early 2014.49 In October Thailand hosted a special meeting of foreign ministers in Bangkok prior to the ASEAN-China Summit.50 ASEAN held its 23rd Summit in Bandar Seri Begawan on October 9 after the Sixth ChinaASEAN Senior Officials’ Meeting and 9th Working Group Meeting on the Implementation of the Declaration on Conduct of Parties held their first formal consultations on a COC. The Chairman’s Statement welcomed these consultations and
looked forward to intensifying official consultations with China on the development of the Code of Conduct in the South China Sea (COC) with a view to its early conclusion. The COC will serve to enhance peace, stability, and prosperity in the region. We also looked forward to developing the ideas of establishing hotlines of communication to further enhance trust, confidence and to respond to emergency situations at sea and cooperate in the area of search and rescue for vessels in distress as 51 part of an “early harvest” package of the COC.

The reference to an “’early harvest’ package of the COC” refers to a proposal to begin to implementation of cooperative measures as soon as they are agreed upon rather than wait until the final COC is negotiated. Premier Le Keqiang’s visited Brunei, Thailand and Vietnam from 9-15 October and, inter alia, promoted maritime cooperation and joint development. On 13 October, Xinhua urged other regional states to follow suit and “take up the magic wand of joint development.” A day later, Xinhua reported a “breakthrough in bilateral cooperation” between Beijing and Hanoi. Hua Yiwen, identified as an expert on global issues, wrote in the People's Daily Online (18 October) that Premier Li “put forward three ‘breakthrough’ ideas to handle maritime disputes in a peaceful manner: controlling divergence, exploring joint development, and promoting maritime cooperation.” Hua also argued that members of the Association of Southeast Asian Nations (ASEAN) who were not parties to the South China Sea dispute could draw on the China-ASEAN Cooperation Fund and “work together to build a 21st century maritime Silk Road.”

4. Major Powers
United States - Rebalancing The U.S. and the Philippines conducted two major and several minor joint exercises in 2013, Balikatan, Cooperation Afloat and Readiness and Training (CARAT), Amphibious
49

“China to promote maritime cooperation with ASEAN countries,” Xinhua, September 19, 2013 and “China, ASEAN ‘make progress’ on code of conduct in S China Sea,” Kyodo, September 16, 201 3.
50

Kyodo News International, “ASEAN leaders discuss how to deal with China on South China Sea,” GlobalPost.com, April 30, 2013.
51

“Chairman’s Statement of the 23 ASEAN Summit, Bandar Seri Begawan, 9 October 2013.” http://www.asean.org/news/asean-secretariat-news/item/chairman-s-statement.

rd

13 Landing Exercise (Phiblex) and Operation Pacific Angel, which provided medical, dental and engineering assistance. The 29th Balikatan exercise was held in April 2013 with a primary focus on humanitarian assistance/disaster relief (HA/DR). Secretary for Foreign Affairs Albert Del Rosario announced at start of exercise that the Philippines needed to secure its borders and protect its territorial integrity. He stated that Balikatan was not only an important contribution to prepare US and Philippine armed forces to work together but also to build the Philippines’ own capacity to defend itself. Del Rosario also stated that it was vital for the Philippines to have more US forces rotate throughout the year and not just when planned exercises were being held. Thirty U.S. aircraft, including a squadron of F18s, three naval ships and 8,000 Filipino and American troops took part in. On April 13, 2013, in light of tensions on Korean peninsula, Secretaries del Rosario and Gazmin announced that the Philippines was prepared to allow US forces to use Philippine bases in case of war in Korea. They argued that the Mutual Defense Treaty was symmetrical; it called on the US to defend Philippines while the Philippines had an obligation to assist the US. Balikatan 2013 was followed by discussions between Assistant Secretaries of State and Defense, Kurt Campbell and Mark Lippert, respectively, and US PACOM commander Admiral Locklear and their Philippine counterparts. These talks focused on increased military cooperation including establishing US facilities for joint use in the Philippines. The Philippines and the United States held their first round of discussions on an increased US rotational presence in the Philippines in Manila from August 13-14, 2013. Discussion focused on a detailed legal framework agreement covering an increased temporary rotational presence involving US ships, aircraft, marines and the use of Philippine military facilities including Subic Bay. In a significant development, following the first round of bilateral discussions, General Martin Dempsey, Chairman of the Joint Chiefs of Staff, and General Emmanuel Bautista, Chief of the AFP, issued a Joint Vision Statement for Security Cooperation on 22 August during talks in Washington. The Joint Vision Statement was billed as a partnership for the twenty-first century. The Joint Statement declared: “We expect a robust, balanced and responsive partnership…[through] mutually beneficial bilateral military training exercises and operations, provided by an increased rotational and temporary presence of US military forces operating from Armed Forces of the Philippines-controlled facilities.” With respect to maritime disputes, the Joint Statement agreed to resolve them through direct talks and through multilateral venues such as ASEAN, “in a manner that protects the interests of all who value unimpeded commerce transiting through the maritime domain, while deterring those who would restrict it or act in a manner that might place it at risk.” The Philippines and the US agreed to establish a “joint force posture that assures freedom of navigation and provides for common defense of each nation’s sovereign territory.”

14 Defense Secretary Hagel visited the Philippines from August 29-30 to advance discussions about increased US rotational presence in the Philippines. One reported sticking point is the length of coverage; the US suggested a ten-year period while the Philippines prefers a shorter time period. As of November 2013 Philippines-US negotiations were at an impasse over the issue of Philippine control over and access to temporary US facilities to be set up inside military facilities in the Philippines. The Philippines was adamant that the US would not have exclusive access to any facility set up within an AFP camp. There were also reported differences over the wording of certain provisions in the agreement. No date has been set for the next negotiation session.52 Vietnam. A high point in US-Vietnam bilateral relations was reached on July 25, 2013 when President Barack Obama hosted his counterpart, Truong Tan Sang, at The White House. The two presidents agreed to open a “new phase of bilateral relations” by announcing the establishment of a Comprehensive Partnership.53 The two presidents issued a nine-point Joint Statement. Two points in this statement are worth highlighting. In Point 2 (trade and economic ties) both presidents noted the growing importance of commercial relations and drew particular attention to three agreements related to Vietnam’s energy sector particularly in the South Chin a Sea: (1) the MOU between PetroVietnam and the US Export-Import Bank to support trade and investment in the petroleum and energy sectors of Vietnam; (2) the Framework Heads Agreement on the Ca Voi Xanh offshore Vietnam development project between Exxon Mobile Corporation and Petro-Vietnam; and (3) the Cooperation Agreement between Murphy Oil Corporation and Petro-Vietnam Exploration Production Corporation. Point 7 of the Joint Statement dealt with defense and security cooperation. Both presidents expressed satisfaction with the implementation of the Memorandum of Understanding on Advancing Bilateral Defense Cooperation signed on September 19, 2011. And both leaders agreed to continue the Political, Security, and Defense Dialogue and the Defense Policy Dialogue. As for future cooperation, both presidents decided to expand cooperation to enhance Vietnam’s search and rescue and disaster response capabilities and step up cooperation in non-traditional security. The Joint Statement flagged counter terrorism, maritime law enforcement, transitional crime (piracy, high-tech crime, and narcotics, human and wildlife smuggling) and cyber security. President Obama offered to assist with training and other support for Vietnam’s first involvement in United Nations peaceke eping operations. In summary, no major initiatives were announced in keeping with the evolutionary nature of bilateral defense ties.
52

Jim Gomez, Associated Press, “Philippines, US disagree in troop deployment talks,” The State, November 5, 2013.
53

This section draws on Carlyle A. Thayer, “Vietnam Gradually Warms Up to US Military,” The Diplomat, November 6, 2013. http://thediplomat.com/flashpoints-blog/.

15 In late August, on the sidelines of the ADMM Plus meeting in Brunei, Vietnam’s Defense Minister invited Defense Secretary Chuck Hagel to visit in 2014. Secretary Hagel accepted. Under an agreement reached in 2003 Vietnam and the United States agreed to exchange alternate visits by their defense ministers every three years. Vietnam’s defense minister visited Washington in 2003 and 2009. The US Defense Secretary visited Hanoi in 2006 and 2012. Hagel’s visit may signal the end to this three yearly cycle and more frequent contact between defense ministers. In October 2013, the United States and Vietnam held two important annual high-level security meetings in Washington: the 6th Political, Security, and Defense Dialogue and the 4th Defense Policy Dialogue. The 6th US-Vietnam Political, Security and Defense Dialogue discussed counter terrorism, counter narcotics, human trafficking, cyber, law enforcement, defense and security, disaster response, search and rescue, war legacy issues and cooperation in regional organizations such as ASEAN, the ASEAN Regional Forum and the East Asia Summit. The 4th US-Vietnam Defense Policy Dialogue discussed regional and international security issues, maritime security, war legacy issues, cooperation in multilateral forums such as the ASEAN Defense Ministers’ Meeting Plus, US assistance for Vietnam’s first commitment to UN peacekeeping, and the cooperation plan for 2014. The two sides agreed to step up cooperation between their navies and their respective defense academies and institutions. A MOU was signed on cooperation between the US and Vietnamese Coast Guard. China – Provocative Military Exercise In 2013 China undertook multiple actions to assert its sovereignty over features in the South China Sea. At the start of the year it announced that tourists would be taken to the Paracel Islands. On May 6 a flotilla of thirty boats – one of the largest fishing fleets set sail from Hainan Island for a forty-day fishing trip to the Spratly Islands.54 The China Maritime Surveillance service conducted constant patrols in the South China Sea. The People’s Liberation Army Navy (PLAN) conducted seven major exercises in the South China Sea in 2012 and continued this pattern in 2013. According to a leaked classified Philippine military intelligence report, in 2013 China began deploying its ships along a new surveillance patrol route that took in the disputed islands, rocks, reefs, and shoals inside its nine-dash line around the South China Sea. According to the classified report, “All other reefs, shoals and islands, including Second Thomas Shoal, Reed Bank and Mischief Reef are, therefore, inside or covered by the patrol route.”55 The report identified Mischief Reef as China’s command center for the South China Sea.

54

“PH intensifies monitoring in West Philippine Sea after sighting of China ships,” Global Nation Inquirer, May 8, 2013.
55

Quoted by Dario Agnote, Kyoto News, “China launches new naval patrol route in disputed waters,” ABS CBN News, August 6, 2013; Camille Diola, “China patrols off Palawan, builds basketball court in reef –

16 In January 2013, China carried out two simultaneous military exercises in the East China Sea and South China Sea. On January 8, the South Sea Fleet conducted an air exercise involving Hong-6 bombers from Zhanjiang naval base in Guangdong province. The bombers were dispatched to attack an enemy harbor more than 1,000 kilometers away; enroute they had to evade enemy radar and electronic interference. In February, the PLAN conducted its first military exercise of the year in the South China Sea. On February 1, three warships from the North Sea Fleet, one guided missile destroyer and two guided missile frigates, sailed through the Bashi channel to conduct more than twenty training missions and patrols designed to assert China’s sovereignty.56 Helicopters from the frigates were dispatched to seek out air and sea targets and to relay their location to the destroyer. The exercises also included damage control and anti-submarine warfare. The fleet concluded the South China Sea portion of its exercises on February 7 and then sailed to the western Pacific for further exercises.57 From March 19-April 3, the PLAN conducted its most provocative military exercise by sending a flotilla of four warships to conduct combat training exercises as they circumnavigated the South China Sea.58 The flotilla comprised the amphibious assault ships Jinggangshan, two guided missile frigates and a guided missile destroyer. Landbased fighters and fighter-bombers took part in the exercises. According to naval analyst Gary Li, “It was a surprisingly strong message in sending out this task force on such a new operational role from previous PLAN patrols in the region. It is not just a few ships here and there, but a crack amphibious land ship carrying marines and hovercraft and backed by some of the best escort ships in the PLAN fleet.”59 The PLAN exercises were divided into two phases. The first phase consisted of eleven days of exercises in the South China Sea followed by three days of exercises in the western Pacific during phase two.60

report,” The Philippine Star, August 6, 2013; and Alexis Romero, “China includes W. Phl Sea in patrol route – report,” The Philippine Star, August 7, 2013.
56

Press Trust of India, “China’s naval fleet enters South China Sea for patrolling,” ZeeNews.com, February 2, 2013.
57

“China Plays War Games in South China Seas,” NTD TV, February 4, 2013; “Naval fleet conducts training in South China Sea,” China.org.cn, February 5, 2013; and United Press International, “China: Training mission in sea concluded,” February 8, 2013.
58

Tarra Quismundo, “PH sea patrols to check on China naval exercises,” Philippines Daily Inquirer, March 22, 2013 and Jose Katigbak, “Phil Navy chief slams Chinese maneuvers in disputed sea,” The Philippine Star, April 27, 2013.
59

Calum MacLeod, “Chinese navy makes waves in South China Sea,” USA Today, April 19, 2013. In contrast, regional analyst Ian Storey described the number of ships involved as “not significant;” quoted by Simone Orendain, “Chinese Naval fleet Heads Deep Into Disputed Waters,” Voice of America News, March 28, 2013.
60

Phase two comprised exercises involving law enforcement, open-ocean interception and sea area control; see: Xinhua, “Chnese navy fleet heads for training in W Pacific,” Xinhuanet, March 29, 2013.

17 The PLAN flotilla sailed through the Spratly Islands and conducted patrols in the waters surrounding Mischief Reef. Chinese state television showed pictures of Chinese marines in hovercraft storming the beach of a Chinese occupied feature supported by armed helicopters.61 The flotilla then sailed to James Shoal (a submerged reef) located in the southern most reach of the South China Sea, 80 km from East Malaysia. There the PLAN crew and marines participated in an oath-taking ceremony pledging to “defend the South China Sea, maintain national sovereignty and strive towards the dream of a strong China.”62 Another PLAN naval exercise was carried out from April 10-20 by ships from the South Sea Fleet based at Sanya, Hainan Island. The guided missile destroyer Lanzhou and the guided missile frigate Hengshui were dispatched on an eleven-day training mission taking in the South China Sea, the western Pacific Ocean and the East China Sea. The two ships conducted exercises involving maritime offense and defense, law enforcement, supply and sea bombardment.63 In October, China conducted a series of naval exercises (Mission Action 2013A, 2013B and 2013C) involving warships from all three fleets – North Sea, East Sea and South Sea. Warships from the South Sea fleet joined with the East Sea fleet for the Mission Action 2013A exercise involving 20,000 troops, air force, and airborne troops. On October 17 the PLAN conducted its largest naval exercise with more than 100 warships and submarines from the North and East Sea fleets. Elements from the North Sea and East Sea fleets then joined the South Sea Fleet for the Jidong 5 naval exercise in the western Pacific.64 This was the first occasion when maritime and air forces from all three fleets jointly participated in the same exercise.65 Japan-Philippines: ‘An Enemy of My Enemy is My Friend’ In 2011 Japan and the Philippines entered into a Strategic Partnership. The emphasis of this agreement was mainly economic. Japan had made a prior commitment to help the Philippines stand up its Coast Guard.66 However, after tensions erupted over the Senkaku/Dioaoyu islands in September last year, Japan’s policy towards the Philippines seems to follow the old strategic dictum “an enemy of my enemy is my friend.” In 2013, Japan gave the Philippines high-level attention. In June, Defense Minister Itsunori Onodera paid a two-day visit to Manila to offer assurances that Tokyo will side with Manila in its South China Sea territorial disputed with China. After meeting Defense
61 62 63 64

Steven Ribet, “China completes major drills in South China Sea,” Press TV, March 29, 2013. Minnie Chan, “PLA takes higher profile in disputed waters,” South China Morning Post, March 31, 2013. Xinhua, “PLA naval fleet home after W Pacific training,” Xinhuanet.com, April 20, 2013.

Joshua Philipp, “Amid Territorial Disputes, China’s Naval Drills Grow Larger,” Epoch Times, October 23, 2013.
65 66

Xinhua, “PLA fleet heads to western Pacific for open sea drill,” China Times, October 24, 2013. Yoichiro Sato, “Japan aid to the Philippines a warning to China,” East Asia Forum, August 29, 2013.

18 Secretary Gazmin, Onodera stated, “we agreed that we will further cooperate in terms of defense of remote islands as well as the defense of territory, or territorial sea as well as protection of maritime interest… We will cooperate with the Philippine side in this matter.”67 Onodera also expressed his concern that events in the South China Sea would affect the situation in the East China Sea.68 He offered his support for the Philippines action in taking its territorial dispute to an Arbitral Tribunal under UNCLOS. In July, Japan’s Prime Minister Shinzo Abe visited the Philippines a part of a regional trip to Malaysia and Singapore. After Prime Minister Abe met with President Aquino, the two leaders pledged to strengthen maritime cooperation. Abe also announced that Japan would provide a concessional loan to assist the Philippines acquire ten patrol boats for its Coast Guard.69

5. The South China Sea and Bilateral Relations
Philippines and Taiwan On May 9, Philippines Coast Guard officers shot and killed Hung Shih-cheng, a Taiwanese crewmember onboard the Kuang Ta Hsing No. 28 fishing boat in waters north of Luzon.70 This incident resulted in a three-month crisis in bilateral relations. This situation was aggravated by China’s diplomatic intervention on behalf of Taiwan.71 On May 10, Taiwan’s President Ma Ying-jeou told reporters in Taipei, “We demand the Philippines investigate and clarify the truth, to apologize, apprehend the killer and compensate” for the killing of the Taiwanese fisherman. Taiwan’s Foreign Minister David Lin stated, “we strongly condemn the fatal shooting of a Taiwanese fisherman by the

67

Camille Diola and Alexis Romero, “Japan to take PHl’s side in South China Sea dispute,” The Philippine Star, June 27, 2013.
68

Agence France-Presse, “Japan vows to help Philippines amid China sea row,” Channel News Asia, June 27, 2013.
69

Michael Lim Ubac, “PH, Japan adopt common position on maritime rows,” Philippine Daily Inquirer, July 27, 2013. Abe also offered a 10 billion yen standby credit for disaster response. Joel Guinto and Karl M. Yap, “Japan, Philipines to Tighten Links as Maritime Disputes Fester,” Bloomberg Businessweek, July 27, 2013.
70

The Coast Guard personnel involved in the shooting incident were jointly crewing the MCS 3001, a vessel that belonged to the Philippines Bureau of Aquatic Resources and Fisheries.” Agence FrancePresse, Tara Quismondo, Tina G. Santos and The China Post/Asia News Network, “Taiwan threatens sanctions over fisher’s death,” Philippine Daily Inquirer, May 12, 2013.
71

Tsai Su-jung and Sofia Wu, “China’s united front moves pose new challenges for Taiwan: analyst,” Focus Taiwan, May 10, 2013; Kyodo, “Taiwan thanks China for condemning PH over fisherman’s death,” ABS CBN News, May 17, 2013; “Seas of Troubles,” Banyan, The Economist, May 18, 2013 and Julius Cesar Trajano, “New spark in the South China Sea,” Asia Times Online, May 22, 2013.

19 Philippines fishery department. We urge the Philippines government to open a full investigation on this case and send their apology to Taiwan’s government.”72 A spokesperson for China’s Ministry of Foreign Affairs, speaking on May 10, strongly condemned “the barbaric” killing of Hung Shih-cheng. “We strongly urge again that the Philippines investigate the case immediately and handle the issue properly. We will keep a close watch on the development of the incident,” the spokesperson declared.73 On the same day, Commander Armand Balilo, a spokesperson for the Philippine Coast Guard reported that the shooting incident took place in Philippines waters and Filipino personnel had been carrying out their lawful duties to prevent illegal fishing. “If somebody died, they deserve our sympathy but not an apology,” Balilo stated. He also revealed that the Coast Guard crew only fired at the crew of the Taiwanese boat after it tried to ram the Coast Guard ship. After a warning shot was fired and when the Taiwanese boat failed to respond the Coast Guard personnel “fired at the machinery to disable it.”74 The Commander’s comments and refusal to issue an apology served to inflame the situation. Subsequently, it was revealed that the Taiwanese fishing boat was pursued for over an hour as it fled back to Taiwan. Taiwanese investigators reported finding 52 bullet holes in the boat.75 Also on May 10, the Commandant of the Philippine Coast Guard announced at a press conference that eleven law enforcement officers involved in the shooting had been suspended. The director of the Philippines’ Bureau of Fisheries and Aquatic Resources, speaking at the same venue, expressed his condolences to the family of the deceased and promised that the government would carry out an investigation into the incident. 76 On May 11 President Ma threatened to take further action. During an inspection visit to a Coast Guard unit in central Taiwan he stated, “We will d efinitely seek justice for our fisherman. We will not rule out the possibility of taking any kind of sanction against the Philippines.”77 Taiwan’s Ministry of Foreign Affairs summoned the head of the Manila
72

Amrutha Gayathri, “South China Sea: Taiwan Protests To Philippines Over Fatal Shooting Of Fishermen; Philippines Denies Allegation,” International Business Times, May 10, 2013.
73

An Baijie, “China condemns fisherman’s death,” China Daily, May 11, 2013; Xinhua, “China closely watching development of shooting incidents: FM spokeswoman,” May 10, 2013 and Yang Jingjie and Wu Wei, “Taiwan fisherman shot dead,” Global Times, May 10, 2013. For a summary of Chinese press commentary see: “China media: Boat attack condemned,” BBC News, May 10, 2013.
74

Agence France-Presse, “Philippines admits to shooting at Taiwan boat,” Channel News Asia, May 10, 2013 and Dominic Dietrich, “1 days, 2 stories, 1 death and the lesson screamed about fish,” The China Post, May 14, 2013.
75

Dominic Dietrich, “1 days, 2 stories, 1 death and the lesson screamed about fish,” The China Post, May 14, 2013.
76

Emerson Lim and Y. L. Kao, “Philippines suspends 11 officers over Taiwanese fisherman’s death,” GlobalSecurity.org, May 10, 2013.
77

Agence France-Presse, Tara Quismondo, Tina G. Santos and The China Post/Asia News Network, “Taiwan threatens sanctions over fisher’s death,” Philippine Daily Inquirer, May 12, 2013.

20 Economic and Cultural Office (MECO), Antonio Basilio, to offer an explanation for the incident. Basilio offered his “sincerest condolences and apologies” to the family of the dead fisherman. Basilio also stated that the Philippines welcomed a joint investigation by law enforcement authorities to establish the location of the incident and the circumstances that led to the fatal shooting.78 Also on May 11, Foreign Secretary del Rosario announced that a joint investigation was being conducted by the Philippine Coast Guard and the Bureau of Fisheries and Aquatic Resources into the fatal incident “during the routine lawful enforcement activities against poaching in Philippine waters.”79 On May 11, President Ma issued the Philippines with a 72-hour ultimatum to meet four demands: a formal apology, punishment for those responsible, compensation to the victim’s family, and holding of bilateral fishery talks or face economic and political consequences.80 The deadline was set to expire at midnight (1600 GMT) on Tuesday May 14.81 On the weekend of May 11-12, Taiwan dispatched four Coast Guard and naval vessels to the disputed area to protect its fisherman and announced that it would conduct a joint military-Coast Guard exercise on May 16. The Philippines response to President Ma’s ultimatum was confusing. On May 14, for example, Antonio Basilio, head of MECO in Taipei, announced that the Philippines had agreed to make a formal government apology, conduct an investigation into the incident, and punish those responsible. No offer of compensation was made.82 However on the following day, presidential spokesman Edwin Lacierda said the Philippines would prefer to defer any comments in response to President Ma’s ultimatum. Lacierda announced that, “the President had appointed Amadeo Perez as his personal representative who will convey his and the Filipino people’s deep regret and apology to the family of Mr. Hung Shi-cheng as well as to the people of Taiwan over the unfortunate and unintended loss of life.”83 But a high-ranking Taiwan official dismissed the apology as unacceptable because it did not come from the government of the Philippines. When Perez arrived in Taiwan both the foreign minister and the victim’s family refused to meet with him.84 It was subsequently reported that the Taiwan
78

Agence France-Presse, Tara Quismondo, Tina G. Santos and The China Post/Asia News Network, “Taiwan threatens sanctions over fisher’s death,” Philippine Daily Inquirer, May 12, 2013.
79

Agence France-Presse, Tara Quismondo, Tina G. Santos and The China Post/Asia News Network, “Taiwan threatens sanctions over fisher’s death,” Philippine Daily Inquirer, May 12, 2013.
80

Joseph Yeh, “Taipei lifts measures against Manila,” The China Post, August 9, 2013 and Joseph Yeh, “Navy, Coast Guard to hold joint exercises after shooting,” The China Post, May 14, 2013.
81

Agence France-Presse, “Taiwan threatens to hold naval drill near Philippines,” Channel News Asia, May 14, 2013.
82 83 84

Wang Xhaokun, “Manila ready to apologize,” Global Times, May 15, 2013. Quoted in Wang Zhaokun, “Taiwan bans Filipino labor,” Global Times, May 16, 2013.

Agence France-Presse, “Taiwan stages military drill as Philippines row continues,” Channel News Asia, May 16, 2013.

21 government rejected the apology offered by Perez because Hung’s death was described as “unintended.”85 On May 15, after President Ma’s ultimatum expired, Taiwan dismissed the Philippines’ apology as insincere and imposed a so-called “second wave” of eight sanctions against the Philippines, including the recall of its representative in Manila, a freeze on issuing new work visas, a travel alert, and suspension of high-level and other bilateral exchanges.86 The following day, Taiwan conducted a military exercise in waters to the north of the Philippines near Batanes island involving a Kidd-class destroyer, a Lafayetteclass frigate, four Coast Guard Administration vessels, Indigenous Defense Fighters, two Mirage 2000-5 fighters and an E-2K early warning aircraft.87 Thereafter, tensions began to abate. In June legal bodies in Taiwan and the Philippines held parallel investigations into the May 9 incident. On June 13, the Philippine National Bureau of Investigation (NBI, part of the Department of Justice) recommended the filing of criminal charges against members of the Coast Guard for their role in the May 9 shooting incident.88 A month later the NBI filed charges against ten Coast Guard personnel for their role in the May 9 shooting fatality, eight were charged with homicide and two other were charged with obstructing justice.89 On June 14, representatives from Taiwan and the Philippines held their first meeting in Manila to prepare for formal talks on fishing rights in disputed waters in the South China Sea. Agreement was reached on the non-use of force in fishing grounds, sharing of maritime law enforcement procedures, setting up a communications mechanism for use when an incident occurs, prompt release of detained fishing vessels and their crews, and establishing regulations on fishing order in overlapping EEZs.90 In August Philippine presidential representative Perez flew to Taiwan and then travelled to the southern port of Hsiaoliuchiu to meet the family of the dead fisherman. This
85

Agence France-Presse, “Taiwan removes sanction against Philippines after apology,” Channel News Asia, August 8, 2013.
86

Ralph Jennings, “Taiwan’s One Sanction Against The Philippines That Really Hurts, Forbes, May 15, 2013; Agence France-Presse, “Taiwan stages military drill as Philippines row continues,” Channel News Asia, May 16, 2013 and Wang Zhaokun, “Taiwan bans Filipino labor,” Global Times, May 16, 2013.
87

Agence France-Presse, “Taiwan stages military drill as Philippines row continues,” Channel News Asia, May 16, 2013 and Joseph Yeh, “Taiwan holds joint Navy, Coast Guard drill in overlapping waters with Philippines,” The China Post, May 17, 2013.
88

Barbara Mae Decanay, “Philippines recommends charges over Taiwan death,” Gulf News, June 13, 2013.
89

Barbara Mae Decanay, “Charges filed against 10 Coast Guard personnel,” Gulf News, August 15, 2013. See also: Agence France-Presse, “Philippines recommends homicide charges in Taiwan death,” Channel News Asia, August 7, 2013; CNA, “Philippines daily backs charges over fishermen,” Taipei Times, August 11, 2013; and “Video shows shooting of fleeing Taiwan boat,” Gulf News, August 14, 2013.
90

Agence France-Presse, “Taiwan, Philippines agree to avoid force in disputes,” Channel News Asia, June 16, 2013.

22 meeting was televised nationally, Perez stated, “may I respectfully present our official letter of apology to the family of Mr. Hung on behalf of our president and our people.” Taiwan’s Foreign Ministry reported that the Hung family and the government of the Philippines had reached a settlement on compensation. In light of these developments Taiwan lifted all sanctions against the Philippines on August 8. According to the Taiwan Ministry of Foreign Affairs, “the government of the Republic of China announces that the sanction against the Philippines is removed immediately after the Filipino side has displayed apology and goodwill in written statements and action.”91 Taiwan and the Philippine held their first formal meeting on fishing rights in disputed waters in Taipei on October 22. The meeting agreed to avoid the use of force unless lives were at risk; establish emergency hot lines for use when an incident occurs; and to apply internationally recognized procedures for warning, dispelling, boarding and detention. A technical taskforce was set up to discuss demarcation of fishing zones and other matters on which there was disagreement.92 Vietnam and China On 12 October 2011, China and Vietnam reached an Agreement on Basic Principles Guiding the Settlement of Maritime Issues. The two agreed to take the easy issues first and address the difficult issues later. Priority was placed on speeding up the demarcation of waters outside the Gulf of Tonkin and, once this was accomplished, to commence discussions on “co-operation for mutual development” in these waters. The Basic Principles called for China and Vietnam to undertake cooperation in less-sensitive fields such an environmental protection, marine scientific research, search and rescue at sea, and mitigation of damage caused by natural disasters. Since the adoption of the 2011 Guidelines, the number of incidents involving Chinese and Vietnamese fishing boats in the South China Sea appears to have declined. There have been notable incidents, however. In December 2012 a Chinese vessel severed the seismic cables of the Binh Minh 2 survey ship operating in Vietnam’s EEZ. Both sides played down the incident. On March 20, 2013 a Chinese patrol vessel fired a flare that set fire to a Vietnamese fishing boat. Vietnam lodged an official protest and demanded compensation.93 Vietnam also lodged a protest when China announced that its annual fishing ban in the South China Sea would cover the period from May 16 to August 1. 94
91

Agence France-Presse, “Taiwan removes sanction against Philippines after apology,” Channel News Asia, August 8, 2013 and Joseph Yeh, “Taipei lifts measures against Manila,” The China Post, August 9, 2013.
92 93 94

Kyodo News International, “Taipei, Manila hold 1 formal fishery talks,” Global Post, October 22, 2013. Vietnam News Service, “VN protests China boat shooting,” VietNamNet Bridge, March 26, 2013.

st

Xinhua, “China starts annual South China Sea fishing ban,” Xinhuanet.com, May 16, 2013 and Vietnam News Agency, “Vietnam protests against China’s fishing ban in disputed sea,” BBC Monitoring Asia Pacific, May 16, 2013.

23 Despite these incidents, Vietnam and China held the seventh bilateral consultations on defense and security on June 6. At this meeting agreement was reached to set up a naval hot line.95 Another major maritime incident occurred on July 7 when two Vietnamese fishing trawlers operating in waters near the Paracels were boarded by uniformed Chinese personnel. According to a Vietnamese account, the Chinese either destroyed or confiscated fishing equipment and beat several of the crew. The Vietnamese fishermen described the Chinese ship as white in colour with the number 306 painted on its hull.96 During 2013 Vietnam and China continued to exchange high-level delegations. In June President Truong Tan Sang made an official visit to China. In August China’s Foreign Minister Wang Yi visited Hanoi as part of a regional trip and Vietnam’s Foreign Minister Pham Binh Minh met with his Chinese counterpart while attending the special ChinaASEAN Foreign Ministers meeting in Beijing to mark the tenth anniversary of the ASEANChina strategic partnership. In a significant development, China’s Premier Le Keqing paid an official visit to Hanoi in October. During Premier Li and his Vietnamese counterpart, Prime Minister Nguyen Tan Dung, agreed to formally establish three working groups on maritime cooperation, onshore cooperation, and financial cooperation. The maritime working group will be set up within the existing joint Governmental Negotiation Team on Viet Nam-China Boundary and Territory. There can be no question that Premier Li’s visit to Vietnam served to keep bilateral relations on an upward trajectory. But claims of a major breakthrough appear premature (Global Times, 15 October). Premier Li and Prime Minister Dung agreed to “kick-start a joint survey in the waters off the mouth of the Tonkin Gulf ” and to undertake joint cooperation in maritime environmental protection in the Gulf of Tonkin and to conduct a survey of Holocenne-era sediments in the Red River and Yangtze (Chang Jiang) Deltas. The 2011 China-Vietnam Basic Principles were published separately in Chinese and Vietnamese and this has led to ambiguity in their translation into English. For example, Vietnam uses the expression “cooperation for mutual development” rather than “joint development.” During Premier Li’s visit to Hanoi Vietnam did not agree to cut a separate deal with China at the expense of other claimants. Point 3 of the 2011 Basic Principles states clearly, “disputes relating to other countries shall be settled through negotiations with other concerned parties.“ Duong Danh Dy, former Vietnamese Consul General in Guangzhou, China offered this assessment of Premier Li’s visit and the claim by the Chinese media that a breakthrough
95

Pu Zhendong and Zhang Yunbi, “China, Vietnam set up naval hotline,” People’s Daily Online, June 7, 2013.
96

“Chinese armed ship assaulted, damaged and seized caches and equipment of two Vietnamese fishing boats in Paracels, July 2013,”web.cs.da.ca, accessed July 21, 2013.

24 had been reached, "It’s just diplomatic rhetoric. Vietnamese and Chinese interests over the South China Sea are like fire and water.”97 Malaysia and China Malaysia deliberately has kept its territorial dispute with China in the South China Sea low-keyed. Even when the PLAN flotilla arrived at James Shoal (Beting Serupai) in March to conduct an oath-swearing ceremony, Malaysian foreign ministry officials were unavailable for comment. The government later announced that it had not received any reports of the presence of Chinese ships from its Maritime Enforcement Agency or its navy. During 2013 it appeared that Malaysia was marching to a different drumbeat that is fellow ASEAN claimants. Prime Minister Najib was quoted as favouring joint development with China in order to prevent outside powers from intervening. Even more astonishing were the observations of Defense Minister Hishammuddin Hussein given in an interview in late August: “Just because you have enemies, doesn't mean your enemies are my enemies.” He also observed that the Chinese “can patrol every day, but if their intention is not to go to war” it is of less concern. “I think we have enough level of trust,” the minister said, “that we will not be moved by day-to-day politics or emotions.”98 The remarks by Malaysia’s defense minister were quickly followed by an email from a highly placed government source that wrote:
I have it on good authority that the defence minister was not properly briefed on the issue and that his words certainly didn't reflect Malaysian policy. While we recognize the freedom of navigation for all vessels, including military ones, on the high seas, we require that state ask for our permission to conduct military activities in our exclusive economic zone. And that requirement applies to all foreign naval vessels, including Chinese ones. The defence minister’s statement does not change that. Nor are we ready to consider joint development activities with the Chinese. That would require recognition of 99 China’s claims in the South China Sea, including our EEZ. And that’s not our policy.

Perhaps a more accurate reading of Malaysia’s official thinking on South China Sea disputes was revealed by the announcement by the Defence Minster on October 10 that Malaysia would construct a new naval base in Sarawak, 100 km from James Shoal. The primary mission of the Royal Malaysian Navy would be to protect oil reserves in Malaysia’s EEZ. A new Marine Corps would be created and provided with amphibious capabilities.100
97 98

Voice of America, October 13, 2013.

Quoted by Sharon Chen, “Malaysia Splits With Asean Claimants on China Sea Threat,” Bloomberg News, August 29, 2013.
99

Email dated August 30, 2013.

100

“Malaysia to build naval base in disputed South China Sea,” WantChia Times.com, October 22, 2013; Rowan Callick, “Malay base in disputed area,” The Australian, October 23, 2013 and “Maritme moves signal Malaysia’s determination to defend interests say security analysts,” The Malaysian Insider, October 28, 2013.

25 Brunei and China On April 5 this year the Sultan of Brunei Hassanal Bolkiah visited China. After formal discussions with President Xi Jinping the two leaders issued a Joint Statement supporting bilateral exploration and exploitation of offshore oil and gas resources by their respective oil companies. These joint activities were to be undertaken “on the basis of the principle of mutual respect, equality and mutual benefit. The relevant cooperation will not affect the respective maritime rights and interests of the two countries.” On 11 October the Joint Statement issued after Premier Li’s discussions with Sultan Bolkiah stated the two sides “agreed to enhance maritime cooperation to promote joint development” and welcomed the agreement signed by the China National Offshore Oil Company (CNOOC) and Brunei National Petroleum Company Sendirian Berhad (PetroleumBRUNEI) on setting up a joint venture. Xinhua on 18 October described this development as “a pioneering move.” In fact, the agreement was a more modest one and only involved setting up a joint venture to provide oil field services.

Conclusion
This paper considered five major developments affecting regional security cooperation in the South China Sea during 2013. First, the paper concluded that ASEAN recovered from the debacle at last year’s AMM and developed a new sense of political unity to enter into consultations with China over .a Code of Conduct in the South China Sea. ASEAN’s unity is based on Indonesia’s leadership, the proactive roles of Brunei as ASEAN Chair and Thailand as country coordinator for China Second the paper discussed new tensions in relations between China and the Philippines: (1) Manila’s submission of a claim for an Arbitral Tribunal under UNCLOS; (2) China’s investment of Second Thomas Reef; (3) and false allegations of Chinese construction activities at Scarborough Shoal. These new tensions have led China to pursue “wedge politics” in order to isolate the Philippines from other members of ASEAN and to dissuade other ASEAN states form “internationalizing” their disputes by supporting the Philippines’ action in taking its disputes to an Arbitral Trib unal. Third, the paper traces positive developments in China’s policy towards the South China Sea including agreement to begin consultations with ASEAN on a COC within the framework of the DOC. These discussions are likely to be protracted if not interminable. At the end of the year China opened a renewed “charm offensive” touting maritime cooperation and “the magic wand of joint development.” Fourth, the paper briefly reviewed the role of external powers by focusing on key developments in 2013. In terms of US-Philippines relations, the major development was their adoption of a Joint Vision Statement and negotiations on a larger US rotational presence at Philippines military facilities. Next the paper examined the pattern of Chinese naval exercises during the year with special attention on a highly provocative exercise involving a simulated amphibious assault near the Philippines and a major demonstration of force at the southern extremity of China’s South China Sea claims at

26 James Shoal near Malaysia. Finally, the paper examined the step up in Japan’s security cooperation with the Philippines no doubt spurred by China’s confrontational tactics around the Senkaku islands. Japan was viewed as pursuing a policy of “an enemy of my enemy is my friend.” Fifth the paper reviewed significant development in bilateral relations. The first case study focused on the deterioration and the recovery of Taiwan’s relations with the Philippines following the fatal shooting of a Taiwanese fisherman by Philippines Coast Guard personnel. Next the paper examined bilateral relations between China and Vietnam. It concluded that despite a number of maritime incidents, the two sides were able to advance maritime cooperation. The case study of relations between Malaysia and China revealed that Malaysia conducts a low-keyed non-critical policy in public while maintaining a realistic concern to safeguard its offshore oil and gas assets. Finally, the paper reviewed relations between Brunei and China. The analysis in this section confirmed the conclusions of the China-Vietnam case study, namely, that China is greatly exaggerating if not hyping maritime cooperation and joint development as part of a new charm offensive. In reality, China’s gains have been more circumscribed and modest.

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