Role of Asean Regional Forum (ARF) Conflict Resolution in Bridge South China Sea

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Published on International Journal of Social, Politics & Humanities
Publication Date: June 5, 2019

Rendi Suprapto, Nurul Hotimah, Khusnul Solehah & Susanto Harahap
Bojonegoro University, Bojonegoro
Abdurachman Saleh University, Situbondo
Jenggala University, Sidoarjo
Mayjen Sungkono University, Mojokerto
Indonesia

Journal Full Text PDF: Role of Asean Regional Forum (ARF) Conflict Resolution in Bridge South China Sea.

Abstract
ASEAN Regional Forum (ARF) is a forum set up by ASEAN in 1994 as a vehicle for dialogue and consultation on matters related to politics and security in the region, as well as to discuss and equalize views between countries ARF participants to minimize threat to stability and security in the region, including the South China Sea dispute. South China Sea dispute has long been a crucial issue among the countries of Southeast Asia. Region which allegedly has a strategic significance in terms of economy and military is a problem that was not solved until now because many countries that claims as its territory. As for these countries, including China, Vietnam, Brunei, the Philippines, and Malaysia. This study examines the bHow can the ARF role in bridging the South China Sea conflict resolution. Based on the theory of Neoliberalism, Conflict Resolution Theory and Concepts Roles.ARF has done its role as the institution that bridges the various parties in conflict in the South China Sea, among others, provide meeting facilities as well as a forum for dialogue between countries in dispute to mutually expressed the desire to avoid war or widespread onflik and find a deal.

Keywords: ARF, South China Sea, DOC, China.

1. Background South China Sea conflict
South China Sea is part of the Pacific Ocean, which covers most of the territory of Singapore and Malacca Straits to the Strait of Taiwan with an area of approximately 3.5 million km². Based on its size, the South China Sea is the largest water area or the second largest after the five oceans. South China Sea is a water with a variety of potential is very large because it contains a petroleum and natural gas and it is also a very important role as the world’s oil distribution lines, trade and international shipping.
Countries and territories bordering the South China Sea are (clockwise from north) the People’s Republic of China (PRC) including (Macau and Hong Kong), Republic of China (Taiwan), the Philippines, Malaysia, Singapore, Indonesia, Brunei, and Vietnam , The large rivers that empty into the South China Sea include the Pearl River (Guangdong). Min, Jiulong, Red, Mekong, Rajang, Pahang, and Pasig.
Geographically, the South China Sea stretches from the southwest to the Northeast, that’s South limit of 3 ° South latitude between South Sumatra and Kalimantan (Karimata Strait), and limits Strait is the northernmost of the north end Taiwanke Taiwnan coastal Fujian in mainland China. South China Sea is located on the South side the People’s Republic of China (PRC) and Taiwan; in the west of the Philippines; in the west, the Sea Sabah (Malaysia), Sarawak (Malaysia) and Brunei; in north Indonesia; The north-eastern peninsula of Malaya (Malaysia) and Singapore; and in the East Vietnam.
South China Sea area when viewed in the governance of the International Ocean, an area that has the value of economic, political, and strategic. So make this area contains a potential conflict of serkaligus potential for cooperation. In other words, the South China Sea which contains petroleum and natural gas contained therein, as well as a very important role as a trade and distribution of the world’s oil, making kawasanLaut South China as the object of regional debate over the years.
It is estimated that there are oil deposits in the South China Sea region. Estimation of oil content in the South China Sea area of 213 bbl (billion barrels). As with oil, the content of the natural gas in the South China Sea region is also diverse. In addition to the natural resources of the South China Sea, cruise lines also become a good background for the developed countries to make the stability of the South China Sea region as a priority in its foreign policy activity. Call it Japan, 80% of its oil imports are transported via the South China Sea region. The US is also in desperate need of the region to support the mobility of military forces in the conduct of its global dominance. In addition, the United States also has a high number of trade cooperation with countries in the South China Sea region. With the background of the potential is so great, it is not excessive if this area became the object of the seizure of many countries there are at least two things why this region is a disputed many countries. First, the area of the South China Sea region has economic potential, especially in oil and military strategy lies in international marine choice. Second, the disputing countries in desperate need of oil for the survival of national industrial and economic viability.
Territorial disputes in the South China Sea (South China Sea, or SCS) is preceded by China’s claim over the Spratly and Paracel Islands in 1974 and 1992. This was triggered by China first issued the inclusion map Spratly archipelago, the Paracels and the Pratas. In the same year China maintains a military presence in the islands. Of course, the claim is immediately received a response that border countries intersect in the South China Sea, particularly the member countries of ASEAN (Association of Southeast Asian Nations). As for these countries, including Vietnam, Brunei, the Philippines, and Malaysia.
In the South China Sea, there are four islands, and coral are: Paracel, Spratly, Pratas and Maccalesfield islands. Despite the territorial dispute in the South China Sea is not limited to the Spratly and Paracel islands, (such as the dispute over the island of Phu quac in the Gulf of Thailand between Cambodia and Vietnam), but the multilateral claim Spratly and Paracel more prominent because of the intensity of the conflict. Since China’s claim to the islands in the South China Sea in 1974, China considers the South China Sea as the sea sovereign territory. In 1974 when China invaded the Paracel archipelago (which claimed Vietnam). In 1979, China and Vietnam fought a fierce border and navies of both countries clashed in 1988 which claimed the sinking of Vietnam. In 1992, 1995 and 1997, along with the Philippines, Vietnam considers Spartly and Paracel Islands are part of its sovereign territory. China-Vietnam confrontation when the oil exploration in the territorial waters of the International in 1994. In 1995 Taiwan shot supply vessel Vietnam. In 1996 the armed contact between China and the Philippines. In 1998 the Philippines shot fishing boats Vietnam. 2000 Filipino soldiers fired on a Chinese fishing. In 2001 the Vietnamese army fired warning shots to Philippines reconnaissance aircraft Spartly surrounding the island. In 1995 Taiwan shot supply vessel Vietnam. In 1996 the armed contact between China and the Philippines. In 1998 the Philippines shot fishing boats Vietnam. 2000 Filipino soldiers fired on a Chinese fishing. In 2001 the Vietnamese army fired warning shots to Philippines reconnaissance aircraft Spartly surrounding the island. In 1995 Taiwan shot supply vessel Vietnam. In 1996 the armed contact between China and the Philippines. In 1998 the Philippines shot fishing boats Vietnam. 2000 Filipino soldiers fired on a Chinese fishing. In 2001 the Vietnamese army fired warning shots to Philippines reconnaissance aircraft Spartly surrounding the island.
With strategic significance and economical so, then the region has the potential to invite conflict A waters with potential for oil and natural gas are high also very important role as a trade and distribution of the world’s oil make the South China Sea became the object of debate in the regional context, particularly in Asean Regional Forum (ARF) as outlined in the agreement Declaration on Conduct of Parties in the South China Sea (DOC).
ASEAN is a regional organization that works to create and ensure the stability of security in the region regard this issue is crucial. ARF as a forum for exchange of views and information to the countries of Asia-Pacific region on matters of politics and security, both regionally and internationally. The target to be achieved through the ARF is to encourage mutual trust (confidence building measures) through transparency and preventing the emergence of tensions and conflicts in the Asia Pacific region. However, disputes arising from the South China Sea conflict is a conflict of bilateral (bilateral dispute) and disputes between states (multilateral dispute) that allow the outbreak of military conflict more broadly. This has encouraged the ASEAN countries to enter the South China Sea issue on the agenda of ARF official.
Therefore, ARF as a forum set up by ASEAN at a meeting of ASEAN Ministerial Meeting and Post Ministerial Conference 26th, in Singapore on 23-25 July 1993, is expected to be a forum of dialogue to bridge the territorial disputes in the South China Sea. ARF works to accommodatepolitical issues and security issues of concern and common interest. Also expected to contribute significantly to efforts towards confidence-building and preventive diplomacy in the Asia-Pacific region as a strategic approach to conflict resolution.
The first ARF meeting held in Bangkok, Thailand on 25 July 1994. But first discuss the agenda of the South China Sea conflict within the ARF is the 9th meeting conducted in Bandar Seri Begawan, Brunei Darussalam on July 31, 2002. According to the Director General for ASEAN Cooperation Ministry of Foreign Affairs Djauhari Oratmangun also planned ASEAN SOM (Senior Official Meeting) will discuss efforts to accelerate the implementation of the DOC South China Sea. Since almost the last decade the implementation of the DOC South China Sea, which is produced in the 8th ASEAN SOM in Hanoi, Vietnam, in 2002 was stagnating.
DOC implementation was hampered for nearly the last decade because of the lack of guidelines together. The issue of sovereignty territorial dispute in the South China Sea waters between the number of member countries of ASEAN, Taiwan, and China continues to warm. The Beijing government does seem to be more aggressive relevant to these issues. It was often angered other nations who also claimed a number of areas in the waters. Later Philippine government even issued a statement approving the US war fleet’s presence there. China’s tough stance once again appear in the statement of the foreign ministry spokesman, Hong Lei, (find sources) repeating earlier statements that China’s sovereignty over the Spratly and Paracel Islands can not be contradicted. Chinese side claimed a U-shaped water area, which covers 1.7 million square kilometers. Including the Spratly and Paracel islands in the area claimed by China. The issue is believed to be getting worse by the presence of the Chinese Navy in the claimed area. Therefore, through the ARF, member states will have great hopes their positive contribution and strategic steps to resolve territorial disputes in the South China Sea region.
However, some discussions that the ARF since 2002 until 2011, which brings the whole head of state, this conflict is still not found common ground solution. Thus the authors will examine the efficiency of the ARF’s role in bridging the South China Sea conflict resolution.

2. Problems between countries
 China – Philippines
The dispute between the Philippines and China over conflicting claims to the Spratly Islands increased in 2011, the department and spokesman for the Philippine government began to call all over the northwest region as the West Philippine Sea. In Atmospheric Administration services, geophysical and astronomical Philippines (PAGASA) insisted that the region will always be known as the Philippine Sea.
Small islands disputed in the sea is also called by various names that conflict with the conflicting sovereignty claims over those who already happening for hundreds of years. Western nations refer to a set of islands as the Spratly archipelago. Chinese call the Nansha Islands.
Philippines calls Scarborough Reef as Panatag Shoal, Bajo de Masinloc or Karburo. China has named it as Huangyan Islands since 1983. In 1947, the Kuomintang government of the Republic of China claimed sovereignty over the rock and named Minzhu Jiao or Coral Democracy. His Western name is derived from Scarborough merchant ships belonging to the East India Company which sank without survivors after hitting the reef in 1784. Philippines seeks claimed sovereignty over the Scarborough Reef for half a century, to build a tower as high as 27.23 feet (8.3 meter) there in 1965. The Philippines sought declare sovereignty over the Scarborough Reef for half a century, to build a tower as high as 27.23 feet (8.3 meters) there in 1965.
In 2012, the Philippine government will auction three areas in the South China Sea for oil and gas exploration which is also claimed by China. Philippines was keen to reduce dependence on energy imports. However, waters claimed by a number of countries, it has a great energy source. The blocks will be auctioned near the province of Palawan province, near the Malampaya and Sampaguita containing natural gas. The area is close to the Reed Bank, which is also claimed by China. The entire region has to offer is in the 200-mile exclusive economic zone of the Philippines in accordance with UNCLOS (UNCLOS). Philippines attempts to gain exclusive sovereign rights and authority to explore and exploit the natural resources in the region outside the country. There is no doubt and dispute about such rights. South China sea area in dispute that contain oil and gas. In recent years, tensions between some countries sharpened,The latest conflict occurred between the Philippines and China at Scarborough Shoal. In addition, Vietnam and the Philippines also had heated up after ships from both countries mutually trigger each strain.

 China – Vietnam
Vietnam has set the name for a small area in the South China Sea. France declared claims over the Spratly and Paracel islands in 1887 and reiterated their claim in 1933. The Vietnamese have been calling it the Hoang Sa archipelago, or Sand Yellow since the 15th century. In the modern Vietnamese language, the name is spelled or Cát Hoàng Sa Vang. These names have the same meaning, namely sand shoals Yellow or Yellow. Under the Vietnamese Emperor Minh Mang (1820-1841) in the 19th century, the Spratly archipelago known as the League of Ten Thousand shoals.
In the 19th century, China and Vietnam assert claims over the Spratly and Paracel islands simultaneously but do not realize that each do the same thing. In July 2012, the Vietnam National Assembly approved legislation that expands the country’s sea borders to include the Spratly and Paracel islands circuit into it.
British naval captain James George Meads asserted claims to own over the islands in the 1870s, and proclaimed his own country-Songhrati-Meads Morac it. Adding a bit of relief to the complicated and tense feud over both islands now, Meads descent continues to assert a claim for power and their ownership of the islands. Their claims also include potential reserves of oil, gas and precious minerals beneath the seabed in the vicinity that include a 200-mile radius.
Even Japan also was involved in the transfer of claims to the Paracel islands. Japan colonized the island chain in 1939 and until 1945 to refer to it as Shinnan Shoto, or South New Islands. In the San Francisco Peace Treaty in 1951 at the end of the US occupation, the Japanese release all claims on the Spratly, Paracel and other islands in the South China Sea. China then repeated earlier claims sovereignty over the islands.
Republic of China are controlled by the Kuomintang government for a short time to colonize the Spratly and Paracel islands from 1945 to 1949, but left most of it when it relocated to Taiwan after the 1949 communist victory in the Chinese Civil War. Republic of China pull the rest of its troops from Taiping Island in 1950, but sent them back in 1965.
Dispute over the islands, especially between China and the Philippines and Vietnam, showed no signs of abating for a long and complicated history of the claim and counter-claim over the territorial sea area. This dispute will continue and will likely increase unless the disputing nations work together collaboratively and diplomatically to resolve the claim without coercion, intimidation or the use of force for example, approved the “Code of Conduct” which is sponsored by the ASEAN. All parties should clarify and continue their maritime territorial claims and in accordance with international law, as stated in the UN Convention on Law of the Sea (UNCLOS).

 China – Malaysia
In the claim, basing malaysia to geographical proximity and security reasons, as well as the sovereign rights over the EEZ of 200 nautical miles. Malaysia named keplualuan Spratly citing That Aba and reefs Kites while China’s Nansha Quadao call it by name. Compared with China, Vietnam, and the Philippines, Malaysia claims a weak claim. Malaysia is a newcomer in the race for the claims in the Spratly Islands, because the state claims emerged in December 1979 when Malaysia published a map of the sea within which incorporate some of the islands in the Spratly chain, including the continental shelf of Malaysia. In the map is created, clearly has incorporated some of the islands as its territory, the postscript also been claimed jointly by Taiwan, China, Vietnam and the Philippines. Malaysia claims should be assumed solely based on the fact that the islands are located in the continental shelf and exclusive economic zone and also because it is located close to the main land (mainland) Sabah. Unilateral application of international maritime law (UNCLOS 1982) which regulates the EEZ and the continental shelf is also the basis for the manufacture of new marine maps. Since 1983 Malaysia has conducted a survey around the island of Amboyna Cay keperairan which indicates the seriousness of Malaysia to explore them at a later date.

 Malaysia – Brunei Darussalam
The entry of Brunei Darussalam into this problem is due to a claim malaysia to several small islands around Sratly including Coral Louisa (Louisa Reef) that is located adjacent to the territory of Brunei, the continental shelf and the EEZ of its overlap with Malaysia. Lama before Brunei gained independence from Britain, Louisa Reef Island, located in the southern part of the Spratly Islands have been established by the British in 1954 as its territory. The claims were forwarded by Brunei today are in fact opposed by Malaysia. The basis used by the Brunei is also UNCLOS in 1982, the region which is a continuation of the continental shelf to a depth of 100 fathoms. There have been efforts between Brunei and Malaysia to resolve a dispute over the ownership of Louisa Reef, but because the problem is very complex then overlapping claims between the two countries has not been resolved. In 1988 Brunei even expand his claim by showing a new map containing the outer limits of its continental shelf beyond the Rifleman Bank as far as 350 miles.

3. Role of ASEAN
ASEAN as an organization that protects the interests of its Member States trying to find a way to resolve disputes in the South China Sea, various attempts have been made but have not yet reached a point of completion. ASEAN Regional Forum as a forum to discuss and negotiate the problems that exist in the Southeast Asian region. In the second ARF in Brunei Darussalam, has issued three concept in the South China Sea dispute resolution that Confidence Building Measures (CBMs), Preventive Diplomacy (PD) and Conflict Resolution (CR). The basis of this CBM is how the relevant parties to reduce tensions between them with the aim to find a solution and as the most useful step to pave the way towards a more comprehensive agreement, while Preventive diplomacy (PD) or preventive diplomacy that collective action taken to prevent conflicts at an early stage and to enforce peace preventive diplomacy really a collection of action diplomatic, political, military, economic, and humanitarian. Meanwhile Conflict Resolution (CR), or conflict resolution is an attempt further to a second attempt is made.
Steps Confidence Building Measures and Preventive Diplomacy pursued by the ARF in creating security dialogue among others through military cooperation that is based on the basis of communication, transparency, restrictions (limitation) and verification that are implemented in programs submitted by ASEAN through the meeting of the ASEAN Regional Forum, which among other things :
a. Cooperation in the field used for arms control and cooperation in non-proliferation treaty
b. The transparency of its military forces or uses in the South China Sea to publish documents relating to the policies of defense and security
c. Joint activities such as joint military exercises, training courses and exchange of custody or another officer to visit military facilities and training observation among them
d. Early Warning of Conflict Situations or an early warning of a state of conflict
At the beginning of China, Malaysia and other countries, refused to discuss the matter of the dispute the South China Sea together and just wants the issue resolved bilaterally between the two countries involved in military clashes. But after last several years and the increasing collaboration between the parties involved, begin no agreement between China and ASEAN countries. To reduce the constraints faced in the implementation of CBMs and PD ASEAN managed to approach the Chinese to sit together to discuss things that are necessary to reduce the tension in the disputed territory.