Australia-ASEAN Summit: ASEAN Divided Over China’s Aggression in the South China Sea

Singapore Prime Minister, Lee Hsien Loong (third from left), with leaders of ASEAN member states at the Australia-ASEAN Summit held in Melbourne, Australia, from Mar 4 to 6. (JAIMI joy/Reuters)


By Jennifer Ng

On Mar 5, the second day of the Australia-ASEAN Summit held during Mar 4-6, the Philippines summoned Beijing’s deputy chief of mission in Manila to protest against China’s “aggressive actions” at the Second Thomas Shoal in the South China Sea.

According to the Philippines authorities, China’s coast guards were harassing, blocking and firing water cannon at Manila’s vessels carrying out a routine resupply mission for Filipino troops stationed at the Second Thomas Shoal. 

“China’s interference with the Philippines’ routine and lawful activities in its own exclusive economic zone is unacceptable,” the ministry said in a statement. “China’s actions in Ayungin Shoal infringes upon the Philippines’ sovereign rights and jurisdiction.”

The Summit was hosted by Australia, in Melbourne to mark the 50th anniversary of its ties to ASEAN.

Australia and Southeast Asian nations called for restraint in the on-going contest of the South China Sea during the Summit. 

A joint statement by Australia and ASEAN called for “rules-based” order in the Indo Pacific. “We recognise the benefits of having the South China Sea as a sea of peace, stability, and prosperity,” the statement said.

“All countries should refrain from unilateral actions in the South China Sea that endanger the disputed area’s peace, security and stability, Australia and the Association of Southeast Asian Nations (Asean)”, the statement further added.
 

China’s Rejection of 2016 Ruling on South China Sea

China rejected the Philippine’s claim of ‘aggressive action’ and said it took control measures because Philippine ships had illegally intruded into the waters near the Second Thomas Shoal, which it calls Renai Reef. 

The South China Sea is one of the most strategically and economically important waterways in the world. In 2016 more than 21% of global trade was estimated by UN bodies to have transited through it, and it contains extensive oil and gas reserves.

China and Taiwan have laid claims to the South China Sea in its entirety while the Philippines, Vietnam, Cambodia, Brunei, Thailand, Malaysia and Singapore have claimed parts of it.

Beijing claims South China Sea, a conduit for more than $3 trillion worth of ship-borne commerce each year, and the area is a major source of tension with the Philippines.

On  Jul 12, 2016, an arbitral tribunal ruled in favor of the Philippines on its nine-dash line. The nine-dash line is a set of line segments on various maps that accompany the claims of China and Taiwan in the South China Sea. The contested area includes the Paracel Islands, the Spratly Islands, the Pratas Island and the Vereker Banks, the Macclesfield Bank, and the Scarborough Shoal.

The arbitral tribunal concluded that China had not historically exercised exclusive control within the nine-dash line, hence has “no legal basis” to claim “historic rights” over the resources. It also concluded that China’s historic rights claims over the maritime areas, as opposed to land masses and territorial waters, inside the nine-dash line would have no lawful effect outside of what it is entitled to under United Nations Convention on the Law of the Sea (UNCLOS). The arbitral tribunal decision was ruled as final and non-appealable by either country.

China rejected the ruling.
 

The US-Philippines Strategic Alliance in the South China Sea

The United States and the Philippines agreed on new guidelines for their 1951 Mutual Defense Treaty in May 2023.

State Department spokesperson Matthew Miller, at a press briefing, said the US-Philippines Mutual Defence Treaty, which requires Washington to support Manila in the event of an attack, extends to armed attacks on Philippine vessels anywhere in the South China Sea, but declined to say whether the treaty could be triggered by the latest incident.  

Miller said the actions were “provocative” and showed “a reckless disregard’ by China for the safety of Filipinos and also for international law.

A spokesperson for the Chinese foreign ministry said that China’s position on the disputed area was consistent and clear, and the situation in the South China Sea was generally stable.

However, the dispute between the Philippines and China on the South China Sea has escalated in 2023. 

Below is the timeline of key events in the escalation of the dispute:

On Feb 13-14, the Philippines accused China’s coastguard of directing a “military-grade laser” at its troops living aboard an aging warship that Manila deliberately grounded on the disputed Second Thomas Shoal in 1999. Marcos summons China’s ambassador.

On Mar 4, the Philippines spotted a Chinese navy ship and 42 vessels believed to be manned by Chinese maritime militia personnel in the vicinity of Thitu island, Manila’s biggest and most strategically important outpost in the South China Sea.

On Jul 7, Philippine military reported an “alarming” increase in the number of Chinese fishing vessels in disputed waters.

On Aug 5, the Philippines accused China’s coast guard of blocking and firing a water cannon against a supply boat transporting food for troops on the Second Thomas Shoal.

On Oct 16, Philippine military said a Chinese navy ship shadowed and attempted to cut off a Philippine navy vessel conducting a resupply mission near Thitu island.

On Oct 22-24,  the Philippines accused Chinese coast guard vessels of intentionally colliding with its vessels routinely supplying forces stationed at the Second Thomas Shoal. No one was harmed.

On Dec 3, the Philippines monitored what it calls the “illegal presence” of more than 135 Chinese maritime militia vessels in the vicinity of Whitsun Reef, which Manila calls the Julian Felipe Reef.

On Dec 9-10, the Philippines accused China of firing water cannons at its boats, including one carrying its military chief, and ramming others, causing serious engine damage. China’s coast guard says the Philippine vessel intentionally rammed its ship.

On Dec 11, the Philippines called the actions of Chinese vessels a “serious escalation”.

Philippine President Ferdinand Marcos Junior said the Philippines will continue to view with great alarm this continuing dangerous maneuvers and dangerous actions that are being done against the seamen and coastguards.
 

Malaysia’s Support for China

Malaysian Prime Minister Anwar Ibrahim, said during a joint press conference with Australian Prime Minister Anthony Albanese, at the Summit that there was a growing “China-phobia” in the West. 

According to several news media, Anwar claimed in an interview published in the Sydney Morning Herald newspaper that the risk of conflict in the South China Sea had been exaggerated.

According to SCMP, Anwar spoke up in defense of ties with China and complained over alleged pressure by the US and its allies on regional nations to take sides in the West’s strategic rivalries with Beijing.

Anwar said China appears to be the leading investor into Malaysia and insisted that Malaysians “do not have a problem with China”.

He further added that Malaysia is a fiercely independent nation and does wish to be dictated by any force.

SCMP also reported that Anwar said at a joint news conference with Australian Prime Minister Anthony Albanese, that its relationship with the US, Europe and Australia shall not preclude Malaysia from being friendly to its largest trading partner, China.

Anwar added that if these countries have problems with China, they should not impose it upon Malaysia and that the country does not have a problem with China.

ASEAN was formed with the objective to accelerate the economic growth, social progress and cultural development in the region. 

ASEAN consists of 10 member states; Brunei Darussalam, Cambodia, Indonesia, Lao PDR , Malaysia, Myanmar, Philippines, Thailand, Singapore and Vietnam.

With the entry into force of the ASEAN Charter on Dec 15, 2008, ASEAN will henceforth operate under a new legal framework and establish a number of new organs to boost its community-building process.

One of the new and enhanced commitments under the ASEAN Charter is “shared commitment and collective responsibility in enhancing regional peace, security and prosperity”.

The Philippines urged regional neighbors to stand together more strongly in upholding the rule of law in the South China Sea in the face of China’s forcefully pursuing territorial claims in conflict with other nations.

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