Azhari Setiawan
Postgraduate Program of International Relations, Universitas Indonesia. CESIST, Riau
RADAR ACEH | ASEAN integration does not mean will survive without a test. Unlike the European Union, ASEAN integration exam is coming from outside. South China Sea issue is the first test for ASEAN in strengthening its integration agenda and the first big test for Indonesia as ASEAN (informal) leader. ASEAN by Indonesia, should be a mediator who truly sovereign in resolving the conflict in the South China Sea.
Indonesia has a responsibility to encourage ASEAN to maintain security and stability of this region because of the conflict includes numbers of ASEAN countries against China, which incidentally is not the member of ASEAN.
There is no reason for Indonesia to not "intervene" in the South China Sea conflict especially in term of our sovereign rights in Natuna Island. Therefore, ASEAN Unity and ASEAN Centrality are very important in this case for Indonesia.
Based on Kerry Lynns article in The Diplomat stated thatsince Philippine-China arbitration on July 12, there has been a deafening silence from most of the primary stakeholders in the outcome.
China, of course, has been an exception: Immediately following the ruling (and arguably before) Beijing moved quickly to maintain political, diplomatic, and operational momentum.
Dismissing the ruling as waste paper, calling for a peoples war at sea, and continuing to make infrastructural improvements on its artificial installations in the Spratlys, Beijings escalatory activities have remained steady this despite confirmation from the Court that many of Chinas activities have no basis in law (Kerry Lynn, 2016, thediplomat.com).
This is the perfect timing for ASEAN to handle the situation. There are two approaches or mechanisms that can be used in solving the problems in the South China Sea. First, Balance of Power.
The balance of power among claimant states will increase military capacity of each country to prepare for direct military confrontation (warfare) which could happen anytime.
Of course, this scenario is not the best choice by either ASEAN member countries or ASEAN as a regional unitary entity and especially for Indonesia.
Confrontation will cause much harms and certainly threaten the larger war and prolonged conflicts potentials.
The second approach, Maritime Security is very relevant for Indonesia and ASEAN. ASEAN could use the Maritime Security approach in dealing with the issues of South China Sea.
This approach could be the proper and effective one. This approach has two mechanisms, namely: 1) Maritime Security Community by forming Confidence Building Measures, placing the South China Sea as an area of shared sovereignty; and 2) Maritime Security Regime to establish rules related to traffic together, disaster management, or partnered fisheries measures.
This mechanism is one of the best and effective choice since the Permanent Court of Arbitration (PCA) tribunal issued its ruling on the landmark Philippine-China arbitration on July, 2016.
ASEAN has initiated the establishment of the Declaration of Conduct of Parties in the South China Sea (DOC), which in article 10 mandates the establishment of all the rules and mechanisms clearer and operations through a Code of Conduct (COC) relating to the South China Sea.
Indonesia in 2013 through Foreign Minister Marty Natalegawa has proposed the "ZeroDraft" as the preliminary draft Code of Conduct formation of the South China Sea which contains three core objectives: 1) to build mutual trust; 2) prevent the incident; and 3) management of incidents. However, China today rejects the Code of Conduct because it considered incompatible with China's interests and national identity. It also relates to the issue of sovereignty of Taiwan who also took part in the South China Sea issue.
China feels aggrieved over Code of Conduct conducted negotiations.
Indirectly China will recognize Taiwan as a sovereign state if these states "sit down at the same desk" to negotiate about the South China Sea.
Both DOC and COC actually are not an instrument of conflict resolution, but rather a way to avoid tension. However, the establishment of Code of Conduct can be a political symbol to build trust for each country in conflict.
ASEAN should continue on its efforts for the establishment of Code of Conduct to avoid direct confrontation or opened conflict among claimant countries.
China must also respect the existing international political constellation. Everyone knows that China militarily speaks louder than others, but the country also need to be aware and respect ASEAN as one of China's biggest partner in the economic field.
China needs to realize and respect that self constraint, self restraint, and trust must be shown by the larger countries.
Indonesia should encourage ASEAN centrality and unity to establish a Code of Conduct which is valid as a "Political Symbol".The Political Symbol reflects the most rational measures and initiatives for ASEAN assistance mechanism on mediation between the South China Sea claimants.
ASEAN is predicted to be able to resolve the South China Sea issue through diplomatic dialogue because dialogue is the power of ASEAN since its birth and historically Indonesia is always be a part of it.
ASEAN's position is very strategic and decisive. If ASEAN could encourage mediation and the settlement of disputes in South China Sea, ASEAN will be stronger as regional integration.
In addition, ASEAN will increase confidences of its member states as well as from ASEAN dialogue partners. The success of ASEAN is also success for Indonesia Diplomacy in the region.
