Asia in Review Archive

Brunei

News summary

ASEAN not as effective and quick on Myanmar as hoped, Singapore’s foreign minister says

(mt/lm) The 10-member Southeast Asian regional bloc (ASEAN) has not been as effective on the crisis in Myanmar as hoped, Singapore’s Foreign Minister Vivian Balakrishnan said in an interview last week, as protests and a violent crackdown continue in the country.

Calling the situation in Myanmar “dire”, the Singaporean top diplomat said ASEAN was trying to be constructive, facilitate dialogue and deliver humanitarian assistance. He also said that his country and the regional bloc had “maintained lines of communication” with Myanmar’s shadow government formed by civilian lawmakers deposed by the military junta, the National Unity Government. [South China Morning Post]

Singapore is small but wields strong economic and political influence in Southeast Asia: The city-state is Myanmar’s biggest foreign investor, overtaking China in 2019 to bring in more than $24 billion of investments through lucrative real estate projects, banking, shipping, sand exports and construction, as well as arms sales. [The Irrawaddy]

In June, Singapore supported a resolution passed by the United Nations General Assembly in June, which called on member states “to prevent the flow of arms into Myanmar” and release Aung San Suu Kyi and other imprisoned leaders. Besides Singapore, ASEAN member states Indonesia, Malaysia, the Philippines, and Vietnam voted in favor of resolution. [AiR No. 25, June/2021, 4]

Earlier this month then, alongside with Indonesia and Malaysia, it “pushed for tougher language” in a communique published following the appointment of Brunei’s Second Foreign Minister Erywan Yusof as ASEAN’s special envoy to Myanmar. [AiR No. 32, August/2021, 2]

Balakrishnan said he hoped there would be progress to report on Yusof’s visit to Myanmar before the 39th semi-annual ASEAN summit in November. But he also cautioned that the military had to grant the envoy access to all stakeholders for the visit to be meaningful.

Vietnam to attend ASEAN’s AIPA-42 

(ct) A Vietnamese National Assembly (NA) delegation led by NA Chairman Vuong Dinh Hue attended the 42nd General Assembly of the ASEAN Inter-Parliamentary Assembly (AIPA-42) in Brunei on August 23. According to the agenda, the first plenary session focused on several issues including women’s empowerment, climate change, cyber security, and international economic integration. In his welcoming remarks, the AIPA-42 President and Speaker of the Legislative Council of Brunei noted that the theme of this year’s General Assembly highlights parliamentarians’ important role in supporting the ASEAN vision of a politically cohesive, economically integrated, and socially responsible community towards the ASEAN Community in 2025. Also, NA Chairman Hue presented a key-note speech on the situation in the region and throughout the wider, highlighting the role of multilateral cooperation of ASEAN. [Việt Nam News]

Indo-Pacific forces from 21 partner nations kick off SEACAT

(lm) Maritime forces from Indo-Pacific partner nations on August 10 began the 20th iteration of the Southeast Asia Cooperation and Training (SEACAT) naval exercise in Singapore and virtually. [Al Jazeera] [NavyTimes]

Signifying the largest iteration to date, this year’s exercise involves ten ships and more than 400 personnel. 21 nations participate, including Australia, Bangladesh, Brunei, Canada, France, Germany, India, Indonesia, Japan, Malaysia, Maldives, New Zealand, Philippines, South Korea, Singapore, Sri Lanka, Thailand, Timor-Leste, United Kingdom, United States, and Vietnam.

This year’s also presents a new element by incorporating international organizations and nongovernmental organizations, whose objective is to create an even more realistic scenario to “enhance understanding and adherence to accepted rules, laws, and norms,” the US Navy said in a statement. Participants include United Nations Office of Drugs and Crime (UNODC), EU Critical Maritime Route Wider Indian Ocean (CRIMARIO), and International Committee of the Red Cross (ICRC). [Commander, U.S. Pacific Fleet]

The SEACAT exercises commenced just a day after more than 10,000 troops from China and Russia began a major exercise, West-Interaction 2021, in China’s Ningxia Hui Autonomous Region. [AiR No. 32, August/2021, 2]

Last year, the event was conducted as part of a virtual symposium amid the COVID-19 pandemic.

ASEAN to grant “dialogue partner” status to Britain

(nd) In an important step in Britain’s post-Brexit mission to build strong bilateral diplomatic ties with the region, it was granted “dialogue partner” status by the Association of Southeast Asian Nations. Upon its exit of the European Union in 2020, Britain aimed to shift its market from Europe to Asia and the Indo-Pacific. This grants Britain high-level access to ASEAN summits, furthering hopes to build cooperation with respect to climate change and security. For a deeper economic cooperation, Britain has also applied to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The decision marks the end of a 25-year moratorium to award third parties the bloc’s highest institutional partnership. [Reuters] [The Diplomat] [Jakarta Post]

Chinese Foreign Minister Wan Yi urges Southeast Asian counterparts to safeguard peace in South China Sea

(lm) China’s desire to expand its influence in Southeast Asia was on display last week at the region’s latest ministerial talks, where State Councilor and Foreign Minister Wang Yi warned against “external interference” in the South China Sea. [South China Morning Post] [The Straits Times]

Addressing virtually the ASEAN Regional Forum – which gathers foreign ministers from the 10-member Association of Southeast Asian Nations (ASEAN) and its partners, including the United States, China and Japan – Wang said interference by countries outside the region constituted the biggest threat to peace and stability in the South China Sea. [Nikkei Asia]

While Wang did not name the United States outright, his warning came as Washington tries to rally European allies into a coalition to isolate China. Ahead of the meeting, the British Royal Navy’s aircraft carrier HMS Queen Elizabeth arrived in the disputed waterway, while Germany deployed one of its frigates to the Indo-Pacific region. [AiR No. 31, August/2021, 1]

Wang also played up his country’s readiness to conclude a “code of conduct” for the South China Sea, announcing that both sides had completed the preamble for the nonaggression pact the two sides have been negotiating since 2017. He also said China would never make further claims in the disputed waterway and promised that his country would not take any unilateral moves to intensify disputes in the region.

After wrapping up his virtual encounter with his ASEAN counterparts, Wang held talks with foreign ministers from four Southeast Asian countries – Singapore, Malaysia, Indonesia, and the Philippines – over three days in the southern city of Nanping. [Associated Press]

Brunei diplomat appointed ASEAN special envoy to Myanmar

(mt/lm) Foreign ministers of the 10-member Association of Southeast Asian Nations (ASEAN) on August 4 appointed Brunei Second Foreign Minister Erywan Yusof as their special envoy to Myanmar, after a months-long delay in diplomatic efforts to resolve the coup crisis.

The 10-nation bloc has been under increasing international pressure to act on violence and instability in Myanmar, an ASEAN member. The regional group is hamstrung by its bedrock policy of non-interference in the domestic affairs of member nations and by its consensus decision making, meaning just one member state can shoot down any proposal.

In a joint statement published two days after a fraught five-hour online meeting, the ministers also reiterated their concerns about the situation in Myanmar, including reports of fatalities and violence. But they stopped short of calling for the release of political detainees, saying only they “heard calls” for their freedom, in a reflection of the sensitivity of the issue. According to reporting in the South China Morning Post, Indonesia, Malaysia and Singapore had “pushed for tougher language” in the communique, but some of it was vetoed by the junta representative Wunna Maung Lwin. [South China Morning Post]

Erywan was among at least four candidates proposed by ASEAN, and Myanmar was believed to have preferred Virasakdi Futrakul, a former Thai Deputy Foreign Minister and Ambassador to Yangon [see AiR No. 31, August/2021, 1]. But Indonesia, which traditionally holds significant sway on regional matters, wanted its former Foreign Minister Hassan Wirajuda to be appointed.    Thus, the appointment of Erywan is seen as a compromise by Brunei, which currently holds ASEAN’s Rotating Chair. [The Irrawaddy]

Further, the junta’s decision to yield to the bloc’s pressure may be seen as an indication that its military rulers are still hoping to rely on ASEAN support as they face international condemnation. For last week’s discussions were held just a day after Myanmar’s ruling State Administrative Council announced it had become a “caretaker” government, with its current chairman Senior General Min Aung Hlang taking the title of Prime Minister [see AiR No. 31, August/2021, 1]

Some ASEAN lawmakers responded warily to Erywan’s appointment, noting that he led a delegation to Myanmar in June and met only with the junta [see AiR No. 23, June/2021, 2]. The special envoy must ensure “he does not become a pawn in the junta’s game” of using ASEAN to gain international legitimacy while it continues its oppressive rule, said Kasit Piromya, a former Thai foreign minister and board member of ASEAN Parliamentarians for Human Rights. [Nikkei Asia] [The Washington Post]

According to one report, the special envoy will fly to Myanmar this week to begin talks with the various contending parties, including ousted civilian leader Aung San Suu Kyi and other political prisoners. He will also oversee the delivery of a humanitarian aid package, with the communique calling for the ASEAN Coordinating Centre for Humanitarian Assistance to begin work on “policy guidance.” [The Diplomat]

Cambodia: Hun Sen to lay out Cambodia’s ASEAN chair plan

(nd) With respect to Cambodia taking over the ASEAN chair from Brunei in less than five months, Prime Minister Hun Sen laid out the challenges for ASEAN on the day that marks its 54th anniversary after its foundation on August 8, 1967, pointing to the global pandemic, as well as the rivalry between China and the US. 

Additional issues according to Hun Sen were the pace of societal transformation due to technology, climate change and degradation of the environment.

To achieve its goals, ASEAN, according the Cambodian leader, shall, after overcoming repercussion of the global pandemic, implement its five comprehensive recovery framework goals, including enhancement of health systems, strengthening of human security, maximizing the potential of the intra-ASEAN market, by broadening economic integration and improve digitalization. 

According to observers, key challenges are maintaining peace and stability amid geopolitical rivalry, as well as Mekong water issues, transnational crime and poverty. It will be the third chairmanship of Cambodia which became an ASEAN member state in 1999. [Phnompenh Post]

US Secretary of State Blinken participates in five ASEAN-related virtual ministerial meetings this week

(mt/lm) US Secretary of State Antony Blinken is meeting virtually with his counterparts of the Association of Southeast Asian Nations (ASEAN) this week, as the Biden administration seeks to show the region is a priority while also addressing the ongoing crisis in Myanmar. These will be the U.S.-ASEAN, East Asia Summit, ASEAN Regional Forum, Mekong-U.S. Partnership, and Friends of the Mekong ministerial meetings. [U.S. Department of State] [Reuters]

Both sides held their first encounter via videoconference on July 14, after Blinken had to cancel the initial meeting over technical difficulties after keeping his counterparts waiting. During the virtual meeting last month, Blinken urged his counterparts to take “immediate action” on the so-called “Five-Point Consensus” reached by the bloc’s leaders in earlier in April and appoint a special envoy to Myanmar. [AiR No. 29, July/2021, 3]

The virtual encounters come after the Biden administration in its early days was seen as paying little attention to the region of more than 600 million people, focusing instead on the Quadrilateral Security Dialogue, a loose strategic coalition comprising of France, the United States, India and Australia. Still, analysts say a vital US engagement cannot only rely on military considerations but will also have to provide an economic perspective

But Washington has failed to introduce any large economic projects in the region after the Trans-Pacific Partnership agreement was nixed by the previous US administration in 2017. It has also excluded itself from one of the world’s biggest trade pacts – the Regional Comprehensive Economic Partnership, which comprises of fifteen Asia-Pacific economies and has been enthusiastically embraced by China [see AiR No. 46, November/2020, 3]. [The New York Times]

Against this backdrop, US top US officials have made a string of visits to the region in recent months: Deputy Secretary of State Wendy Sherman visited Indonesia, Cambodia and Thailand in May and June [see AiR No. 23, June/2021, 2]; Defense Secretary Lloyd Austin was in Singapore, Vietnam and the Philippines this week; and Vice President Kamala Harris is set to visit Singapore and Vietnam next month. [see articles in this edition]

ASEAN foreign ministers discuss special envoy, aid to Myanmar

Foreign ministers of the Association of Southeast Asian Nations (ASEAN) met virtually on August 2 for their annual gathering with the selection of a special envoy for Myanmar and finalizing an emergency plan to help control a coronavirus outbreak that many fear is spiraling out of control high on the agenda. [Associated Press] [Kyodo News]

The meeting was held a day after Myanmar’s military leader Min Aung Hlaing said that his government would accept the dispatch of the special envoy agreed in April by ASEAN to mediate among the parties and find a peaceful resolution to the crisis in the country. [see article in this edition]

The dispatch of the special envoy was one of five items agreed upon at an extraordinary ASEAN summit held in Indonesia in late April to discuss the troubles unfolding in Myanmar. The so-called Five-Point Consensus also included the need for the cessation of violence; the delivery of humanitarian aid through the ASEAN Coordinating Center for Humanitarian Assistance; and the beginning of political dialogue to end the crisis. [AiR No. 17, April/2021, 4]

Of the three original nominees for the ASEAN special envoy, Min Aung Hlaing said, his government had agreed to select Virasakdi Futrakul, a former Thai Deputy Foreign Minister and Ambassador to Yangon, adding that “for various reasons, the new proposals were released and we could not keep moving onwards.”

Other nominees include Hassan Wirajuda, a former Indonesian Foreign Minister, and Razali Ismail, a Malaysian who in the 2000s served as the United Nations Secretary-General’s Special Envoy to Myanmar and played a pivotal role in releasing Aung San Suu Kyi from house arrest in May 2002 [see AiR No. 28, July/2021, 2].

People familiar with the discussions said the 10-member bloc wants to designate Brunei Second Foreign Minister Erywan Yusof as special envoy to Myanmar, but are waiting on approval from Myanmar’s military regime. Yusof, who is currently serving as ASEAN’s Rotating Chair, had previously visited the country on June 3 for talks with junta leader Min Aung Hlaing [see AiR No. 23, June/2021, 2]. [Al Jazeera]

In their virtual meeting, foreign ministers of the 10-nation bloc were also looking to finalize a plan to bring in medicine and medical equipment to Myanmar through the regional bloc’s disaster-response center with the military leaders’ approval. They were also expected to announce some progress in four years of painstakingly slow negotiations with China to craft a “code of conduct” aimed at preventing conflict in the disputed South China Sea.

Australia to negotiate agriculture work visa for ASEAN nations

(nd) After years of resistance, pressure from the Australian National Party and the farm lobby succeeded to create a new agriculture visa for workers from ASEAN nations. Depending on the vaccination progress, applications might start from November 2021 respectively early 2022. The opposition against it was based on negative experiences in the US, Europe and Gulf states. While Australia wanted to avoid to become a low-skill worker society, a seasonal worker visa was already introduced in 2010, and as of 2021, overseas students were allowed to work full time in the tourism and hospitality industry. Main problems of low-skill guest worker visas are high risks of exploitation and abuse, high occupational health and safety risks as well as racism. Additionally, foreign workers can present competition to unemployed local in the same sector. Disadvantages for the workers will likely exist with the new visa given the power of the Australian farm lobby. While employers might pay for English testing and the visa itself, travel costs will remain with the workers, and there are frequent reports of workers being forced to pay inflated accommodation rates. These issues are accelerated by the very common creation of labor-hire companies, which calls for effective regulation. Employers with a record for exploiting workers or hiring undocumented workers should be excluded. Additionally, it is argued, minimum wages should apply as well as all relevant information provided to the workers upon arrival. Especially, a complaint mechanism shall be put in place, consisting of industry, union and government body representatives. Union membership of the worker is desirable, also an independent review of the new visa a year after its imposition. [East Asia Forum]

US boosting efforts to repair its ties with ASEAN

(nd) The upcoming visit of Secretary of Defense Lloyd Austin to ASEAN this month is in line with efforts of Secretary of State Antony Blinken and the Biden administration to enhance estranged relations with ASEAN nations. While Blinken emphasized cooperation with respect to security in the Indo-Pacific, rejecting once again “unlawful” Chinese claims in the South China Sea, he urged the bloc for a coordinated response to the coup in Myanmar. The mission of Austin highlights the US’s commitment to counter Chinese activity in the disputed waters, visiting frontline states Vietnam and the Philippines, and the regional hub of Singapore, where he is expected to elaborate on US military strategy in the South China Sea. Contrary to Trump, who participated in 2017 but sent lower-level representatives for the following years, Biden will participate in the ASEAN summit later this year. As a mixture of Trump’s neglect of the region and the necessity for aid amid the global pandemic, regional states became more dependent on China. [Channel News Asia]

Yet, an annual survey by the ISEAS Yusof-Ishak Institute found that 61.5% of respondents preferred closer ties to the US than to China. Therefore, the US has been vocal on resolving the situation in Myanmar, has stepped up efforts for its own version of vaccine diplomacy by donating vaccinations, and reassured its commitment to a “free and open Mekong region”, accusing China of destabilizing downstream countries and harming the environment. Reactions by regional leaders after the US-ASEAN summit earlier this month were very positive, calling it a sign of “refreshed commitment” to the region. President of long-time ally Philippines, Rodrigo Duterte, has long been criticized for his China-friendly stance, which he has modified subsequently with respect to upcoming elections, most notably with reference to the 2016 Arbitration Tribunal award rejecting Chinese maritime claims as well as with frequent actions by the Philippine Coast Guard (PCG) chasing away Chinese ships operating within the Philippines’ exclusive economic zone. This raises the hope of the full restoration of the Visiting Forces Agreement (VFA), a large-scale, rotational American military presence in the Philippines, before he leaves office. [Asia Times]

ASEAN and the EU’s AI legislation

(nd) According to a recent analysis, the EU’s recent draft legislation to harmonize artificial intelligence (AI) rules is unlikely to have direct impact on similar legislation in Southeast Asia. Still, there might be some repercussive effects of it since the objectives of the legislation, risk mitigation for AI systems, is relevant for the region as well. As part of China’s Belt and Road initiative, competitively-priced technology has already been exported through Chinese companies, namely Huawei, Hikvision, Dahua and ZTE, notably in the area of face recognition, raising concerns about security risks and the danger of importing norms and values from the system providers.

Regionally, AI-based systems are not produced largely yet, with the exception of Singapore having launched a national AI strategy for AI-based solutions in the global market. One obstacle therefore for implementing EU rules directly is the lower degree of integration of markets and regulations in the regional bloc as opposed to the EU. Nevertheless, in its first Digital Ministers’ Meeting early this year, ASEAN adopted a Digital Masterplan 2025 with the aim of a regional policy for best practice guidance on AI governance and ethics. A key issue will be regulating cross-border data flows among member states which have localization requirements for personal data. 

The recently adopted Regional Comprehensive Economic Partnership missed this chance and still enables parties to restrict cross-border data flows, with the sole requirement of non-discriminatory application. Of the signatories, only Singapore and Vietnam implemented the “gold standard” digital trade provisions supporting cross-border data flows. Since most ASEAN members have already formed a national AI strategy, it could be beneficial for the bloc to focus on a sector-based approach to subsequently build a common framework for AI policy consolidation. [East Asia Forum]

United States urge ASEAN members to act on Myanmar, rejects China maritime claims

(mt) Addressing a video conference with foreign ministers from the Association of Southeast Asian Nations (ASEAN), US Secretary of State Antony Blinken on July 14 urged the group to take joint action to help end violence, restore a democratic transition and release those “unjustly detained” in Myanmar. [The Irrawaddy] [The Straits Times]

The virtual session marked the first such high-level meeting between the two sides under the administration of US President Joe Biden. Both sides were scheduled to hold their first foreign ministers’ encounter via videoconference on May 25, but Blinken, who was touring the Middle East at the time, cancelled over technical difficulties after keeping his counterparts waiting.

Laos, which coordinates the bloc’s “dialogue relations” with Washington, had wanted the session to be held back-to-back with the ASEAN Regional Forum on security next month, but Singapore, Indonesia and Malaysia were persuasive in preponing it.

The meeting comes amid rising concerns that the Biden administration has done little to engage ASEAN since taking office in January, focusing instead on the Quadrilateral Security Dialogue, a loose strategic coalition comprising of France, the United States, India and Australia, which is increasingly seen as a potential counterweight to growing Chinese influence and alleged assertiveness in the Indo-Pacific.

During the virtual meeting, Blinken urged his counterparts to take “immediate action” on the so-called “Five-Point Consensus” reached by the bloc’s leaders in earlier in April and appoint a special envoy to Myanmar. The ASEAN has been showing limits in firmly doing so both due to internal disagreements among group members, but also key foundational principles of the group of non-interference and consensus [see AiR No. 28, July/2021, 2]. The US official also asked for the release of all those “unjustly detained” in the country, and the restoration of Myanmar’s democratic transition. [Voice of America]

Blinken also emphasized his country’s rejection of China’s “unlawful maritime claims” in the South China Sea at the meeting and said Washington “stands with Southeast Asian claimants in the face of (Chinese) coercion”. [The Diplomat]

The remarks assume added significance, coming as they did hot on the heels of the fifth anniversary of the international tribunal ruling on the South China Sea [see also AiR No. 28, July/2021, 2].   On July 12, 2016, an Arbitral Tribunal established in accordance with the UN Convention on the Law of the Sea (UNCLOS) found that Beijing’s claim to “historic rights” or “maritime rights and interests” established in the “long course of historical practice” in the disputed waterway were inconsistent with UNCLOS and, to the extent of that inconsistency, invalid.

Brunei: Briefing on DWP 2021

(nd) Brunei’s Defense White Paper (DWP) titled “Defending the Sovereignty of the Nation: A Secure and Resilient Future” was briefed by the Ministry of Defense last week. The DWP will emphasize the creation of a comprehensive and current national defense strategy amid increasingly geostrategic challenges, combining both regional and international mechanisms to obtain peace and security. The ministry said the paper was developed in cooperation with other ministries and countries. [Borneo Bulletin]

Cambodia to chair ASEAN in 2022

(nd) For the upcoming Cambodian chairmanship of ASEAN, some core issues were identified in a recent analysis, which in part had been already identified for its last chairmanship in 2012. Back then, Cambodia was criticized for siding with China over conflicting territorial claims at the South China Sea. Cambodia is a non-claimant state to the disputed waters and repeatedly referred to its neutrality, yet ASEAN has to address the desperately needed Code of Conduct issue, which needs a central and united approach of the bloc. 

Similarly, the aftermath of the coup and the situation in Myanmar are yet to be solved, with the violence continuing amid a spike in Covid-19 and unlikeliness of a successful implementation of ASEAN’s five-point consensus reached during its special summit in April. Additionally, Cambodia itself is criticized for its poor human rights record and has a less strict attitude towards the coup than other bloc members. Another unsolved cross-border issue is the environmental situation in the Mekong Delta region caused by a multitude of big dam projects at the Upper Mekong River.

With all three issues, the growing US-China rivalry is putting even more pressure on the bloc’s members, driving division within and making a united stand harder to achieve. This applies especially given Cambodia’s high economic and military involvement with China. For months, tensions were simmering due to the alleged establishment of a Chinese military base in Cambodia opposed by the US. While Chinese vaccinations have come under criticism and some bloc members have stopped using Sinovac, Cambodia is exclusively using Chinese vaccinations, showing their high dependence on China. [East Asia Forum]

Indonesia seeks greater role for Italy in ASEAN

(sa) On 7 July 2021, Indonesian Ambassador to Italy Esti Andayani pushed for greater ASEAN-Italy cooperation in sustainable development at the ‘Italy-ASEAN Partnership for Development: A Look at Sustainable Development’. The Ambassador, who is also chief of the ASEAN Committee in Rome (ACR) noted the benefits of post-pandemic cooperation and highlighted the economic impact of Covid-19. [Antara News]

Russia backs ASEAN five-point consensus on tackling crisis in Myanmar

(lm) Speaking during a visit to Indonesia, Russia’s Foreign Minister Sergei Lavrov last week expressed his country’s support for the Five Point Consensus agreed by the Association of Southeast Asian Nations (ASEAN) to end the political crisis in Myanmar. [The Straits Times]

The diplomat’s comments assume added significance, coming as they did amid deepening engagement between Russia and Myanmar’s military, even as major global powers sanction its businesses and top leaders and call for a global ban on arms sales to the Southeast Asian country.

Independent news outlet Myanmar Now on July 6 reported that a 20-member Russian delegation led by two high-ranking Navy officers secretly visited Myanmar between June 13 and 19, ahead of its junta leader’s trip to Russia last month, citing a document it said it had obtained. [Myanmar Now, in Burmese]

Myanmar’s junta leader Min Aung Hlaing arrived in Moscow on June 20 to attend the Moscow Conference for International Security, marking only his second known trip abroad since the army overthrew the civilian government in February [see AiR No. 25, June/2021, 4]. His visit followed on a trip to Moscow by a delegation led by the country’s Air Force Chief, General Maung Maung Kyaw [see AiR No. 21, May/2021, 4].

Both visits lend weight to arguments that claim Russia is seeking an avenue to advance its strategic interests in Southeast Asia. Moreover, Moscow – which has seen a steady decline of its weapons exports since 2010 – might consider Myanmar a “gateway” for this lucrative market. For the military junta, in turn, Moscow provides an opportunity to diversify supplies and to reduce its dependency on China, Myanmar’s main weapons supplier.

United States, ASEAN to hold virtual meeting of foreign ministers on July 14

(lm) The United States and the Association of Southeast Asian Nations (ASEAN) will hold a foreign minister’s meeting virtually on July 14, marking the first such high-level meeting between the two sides under the administration of US President Joe Biden. [South China Morning Post]

Both sides were scheduled to hold their first foreign ministers’ encounter via videoconference on May 25. But US Secretary of State Antony Blinken, who was touring the Middle East at the time, canceled over technical difficulties after keeping his counterparts waiting. Many ASEAN officials viewed the technical glitch as a political slight, a sign Washington had not invested sufficient effort in planning for the meeting and was once again putting off the pivot to Asia by prioritizing other regions in the world—in this case, the Middle East.

Against this backdrop, United States Deputy Secretary of State Wendy R. Sherman last month embarked on an 11-day diplomatic tour that included stopovers in Indonesia, Cambodia and Thailand, aimed at signaling that Washington was finally turning its diplomatic focus to Southeast Asia to counter a rising Chinese clout in the region. [AiR No. 23, June/2021, 2]

The rescheduled meeting will be attended by Blinken and all foreign ministers from the 10-member ASEAN, including Myanmar’s junta-appointed top diplomat. Laos, which coordinates the bloc’s “dialogue relations” with the US, had wanted the virtual session to be held back-to-back with the ASEAN Regional Forum on security next month, but Singapore, Indonesia and Malaysia were persuasive in preponing it.

ASEAN previously held a foreign ministers’ meeting with China in Chongqing on June 7 [see AiR No. 23, June/2021, 2] and, more recently, with Russia in Jakarta on July 6.

Singapore says ASEAN to ‘expedite’ Myanmar plan, as grouping remains deadlocked in selection of envoy

(mt) The Association of Southeast Asian Nations (ASEAN) is working to expedite the implementation of the so-called ‘five-point consensus’ plan reached by their leaders to deal with the crisis in Myanmar, Singapore’s Foreign Minister Vivian Balakrishnan reiterated on July 7. [The Diplomat]

Nearly three months after the military coup in Myanmar, the 10 ASEAN member states in April announced a Five-Point Consensus for resolving the country’s state of grinding emergency. Of the five points, three refer to outcomes desired by the grouping: the cessation of violence; the delivery of humanitarian aid through the ASEAN Coordinating Center for Humanitarian Assistance; and the beginning of political dialogue to end the crisis. The other two are mechanisms to achieve these outcomes: the appointment of an ASEAN special envoy and the dispatch of a delegation to Myanmar to meet all relevant stakeholders. [AiR No. 17, April/2021, 4]

But ASEAN leaders failed to agree on a time frame for the implementation of the consensus, and progress has been slow, even on what would appear to be the most straightforward point of consensus: the appointment of a special envoy.

A recent report by Japan’s Kyodo News suggests that there are currently three nominees: Virasakdi Futrakul, a former Thai Deputy Foreign Minister and veteran diplomat; Hassan Wirajuda, a former Indonesian Foreign Minister, and Razali Ismail, a Malaysian who in the 2000s served as the United Nations Secretary-General’s Special Envoy to Myanmar and played a pivotal role in releasing Aung San Suu Kyi from house arrest in May 2002. [Kyodo News]

Citing ASEAN diplomatic sources, the news outlet claims that each of the three candidates is being pushed by their respective government, and that the choice “appears to have become intertwined with the domestic and strategic agendas of the nominating countries.”

A case in point, Indonesia believes that Hassan could establish momentum towards resolving the situation in Myanmar. But the country’s military seems to be leaning toward the Thai candidate, most notably because the military junta “is [said to be] no longer interested in the Indonesian model of democratic transition but prefers the Thai model where the military wields superior political leverage and policy influence.” 

Thailand, whose military is said to have close ties to neighboring Myanmar [see AiR No. 20, May/2021, 3], seems to be primarily concerned with ensuring its border security and commercial interests vis-a-vis Myanmar. Bangkok this week reiterated that it does not have the “luxury of distance”, and thus could not afford to be complacent about what is happening in neighboring Myanmar. [Bangkok Post]

Indonesia: Indonesia signs agreement with Brunei on anti-money laundering 

(sa) On July 1, 2021, Governor of the Central Bank of Indonesia Perry Warjiyo with the Managing Director of the Central Bank of Brunei (BDCB) Rokiah Badar signed a Memorandum of Understanding (MoU) to strengthen the integrity of the financial systems of both countries through cooperation in fighting money laundering and preventing terrorist use of the finance system. [VietnamPlus]

China holds Belt and Road conference

(dql) China held on June 23 a virtual conference on the Belt and Road Initiative (BRI). Attending countries include Afghanistan, Bangladesh, Brunei, Cambodia, Chile, China, Colombia, Fiji, Indonesia, Kazakhstan, Kyrgyzstan, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Pakistan, Philippines, Saudi Arabia, Singapore, Solomon Islands, Sri Lanka, Tajikistan, Thailand, Turkmenistan, the United Arab Emirates, Uzbekistan, and Vietnam. Unlike the two previous conferences in 2017 and 2019 when heads of state and heads of government took part, this year’s forum was held at ministerial level.   

Equitable distribution of COVID-19 vaccines and ensuring climate-friendly growth in the post-pandemic era topped the conferenced agenda. Among the major outcomes of the conference were two initiatives: first, the Belt and Road Partnership on COVID-19 Vaccines Cooperation” which addresses especially developing countries in boosting international cooperation in vaccine research and development, production and distribution, and improving accessibility and affordability of vaccines globally; and second, the Initiative for Belt and Road Partnership on Green Development, which seeks to strengthen cooperation among BRI countries in several areas including as green infrastructure, green energy and green finance, and promote green, low-carbon and sustainable development.” [The Diplomat]

Brunei releases defense white paper

(dql) Brunei recently launched its latest defense white paper which identifies five key challenges for the next 15 years, consisting of major power dynamics, regional and global instability, terrorism and violent extremism, technology, and natural disasters. It also calls for meeting the country’s strategic defense capability requirements including “training and education, equipment, personnel, intelligence and information, policy, doctrine and concepts, organization, infrastructure, and logistics.” [Ministry of Defense, Brunei] [The Diplomat]

Malaysia, Brunei to enhance collaboration in cultural tourism

(tcy) Malaysia’s Tourism, Arts, and Culture Ministry (MOTAC) announced that Malaysia and Brunei will enhance collaboration in exploring the growth potential of cultural tourism to support industry players in both countries. The statement compared the collaboration to the Asia Traditional Orchestra (ATO) 2020 performance held in conjunction with South Korea, and said details of the initiative with Brunei would be discussed in the near future. [Bernama]

British foreign minister’s Asean trip highlights UK’s plan to shift trade and foreign policy focus

British Foreign Secretary Dominic Raab last week concluded a three-leg tour of Southeast Asia, in what observers describe as an attempt of putting meat on the bones to the United Kingdom’s plan to reinvent itself in the region in the post-Brexit era. [South China Morning Post 1] [GOV.UK]

This was Raab’s fifth visit to Southeast Asia since becoming Foreign Secretary, demonstrating the growing importance of the Indo-Pacific, as set out in the UK’s “Integrated Review of Security, Defence, Development and Foreign Policy” in response to China’s growing influence on the world stage [see AiR No. 12, March/2021, 4].

Significantly, the trip coincided with Britain on June 22 formally launching negotiations to join the 11-member Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) trade deal, a key part of London’s attempt to pivot trade away from Europe after Brexit. [South China Morning Post 2] [The Guardian]

The UK applied to join the free trade agreement in January, a month after Prime Minister Johnson had invited three Indo-Pacific countries – Australia, India and South Korea – to attend the recently G7 summit as guests [see AiR No. 51, December/2020, 4]. The existing members of the trade alliance are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

While in Vietnam, Raab delivered opening remarks at the 5th Asia-Europe Meeting (ASEM) on London’s ambitions for its Indo-Pacific tilt to an audience of representatives from more than 50 countries. He also met with Vietnamese leaders, including President Nguyen Xuan Phuc, Deputy Prime Minister Pham Binh Minh and Foreign Minister Bui Thanh Son to discuss the implementation of the UK-Vietnam Strategic Partnership Agreement, in addition to subjects such as global health security, climate change and combatting serious organized crime.

The Foreign Secretary then travelled to Cambodia to meet Foreign Minister Prak Sokhonn, marking the first Foreign Secretary visit to Cambodia since the British Embassy was reopened 30 years ago. During the meeting, Raab set out his country’s ambition to formally ascent as a new “dialogue partner” of the Association of Southeast Asian Nations (ASEAN) ahead of Phnom Penh taking up the ASEAN chair. The 10-nation bloc’s leaders in April said they backed the Foreign Secretary’s recommendation for such a move. This status would give London the closest form of relationship with ASEAN. [Associated Press]

Raab wrapped up his three-nation trip in Singapore, where he met with Prime Minister Lee Hsien Loong and Foreign Minister Vivian Balakrishnan on June 24 to discuss geopolitical security and climate change, as well as the international response to COVID-19. The Singaporean Premier said after the meeting that the two countries had a “shared interest in upholding free trade, multilateralism and a rules-based international order”. [The Straits Times]

The visit also comes at a time of growing defense and security cooperation with the region, as the UK’s Carrier Strike Group 21 led by the HMS Queen Elizabeth, makes its maiden visit to the region. The 28-week deployment to Asia assumes added significance, considering that it marks the largest concentration of maritime and air power to leave Britain in a generation. Last week, stealth jets carried out operational sorties for the first time from HMS Queen Elizabeth in support of the ongoing British and US military intervention against the Islamic State of Iraq and the Levant. [Naval News]

8th ASEAN Defense Ministers’ Meeting-Plus

(pr/lm) China’s Defence Minister General Wei Fenghe last week reiterated that his country will not bend when it comes to Taiwan, the South China Sea and other “core interests.” Commenting on the growth of China’s military power, Wei suggested it should be considered “part of the growth of the world’s peace forces”.

Speaking at the 8th ASEAN Defense Ministers’ Meeting-Plus (ADMM-Plus), held online and hosted by Brunei, Wei acknowledged other countries’ “legitimate concerns” on unspecified matters but said China’s national interests must be fully respected and safeguarded. He listed not only Taiwan and the South China Sea – where China has overlapping claims with several Association of Southeast Asian Nations (ASEAN) members – but also Xinjiang and Hong Kong. [Nikkei Asia 1]

The meeting brought together defense ministers from the ten member states of the Association of Southeast Asian Nations (ASEAN) and their counterparts from the six so-called “plus countries” outside the group: the United States, South Korea, India, Russia, Australia and New Zealand. These gatherings have been held since 2010, but the latest session marked the first since US President Joe Biden took office.

The remarks assume added significance coming as they did a day after Taiwan reported the largest-ever air incursion by Chinese forces. The also came just a week after advanced economies, at the Group of Seven summit, had also urged Taiwan Strait stability and encouraged “the peaceful resolution of cross-strait issues”.

Significantly, ADMM-Plus members also welcomed the expansion of the ASEAN Direct Communications Infrastructure (ADI) in the ADMM Process to the Plus Countries. The ADI aims to enable a dialogue to promote de-escalation of potential conflicts and to defuse misunderstandings and misinterpretations during crisis or emergency situations. In 2019, the ASEAN’s defense ministers adopted a concept paper to expand the ADI to the eight so-called “plus countries” outside the group. [South China Morning Post] [The Straits Times 1]

The day before the ADMM-Plus meeting, Indonesian Defense Minister Prabowo Subianto told an ASEAN-only meeting that the bloc needs to solidify its own Indo-Pacific strategy to preserve its “unity and centrality.” During the virtual gathering, defense ministers from ASEAN also called for an early conclusion of a code of conduct for the South China Sea. [Nikkei Asia 2]

The ASEAN-only meeting also approved the establishment of a new Cybersecurity and Information Centre of Excellence in Singapore to better facilitate exchanges among ASEAN defense establishments and protect against the threats of cyber-attacks, disinformation, and misinformation. This center will complement the ASEAN Cyber Defence Network in promoting regional exchanges, interactions, and cooperation on cyber-security matters. [The Straits Times 2]

Myanmar junta defends response to crisis amid ASEAN criticism

(lm) Myanmar’s foreign minister has defended the junta’s plan for restoring democracy, after a meeting at which his Southeast Asian counterparts pressed the military to implement a five-point “consensus” concluded at the ASEAN Summit held back in April. [The Straits Times]

At the China-ASEAN foreign ministers’ meeting on June 6, the bloc’s top diplomats expressed disappointment at the “very slow” progress made by Myanmar on its five-point roadmap for ending the turmoil that has continued since the army staged a coup an ousted elected leader Aung San Suu Kyi on February 1. [AiR No. 23, June/2021, 2]

But on June 8, in the only reference to the ASEAN proposal, state media in Myanmar cited Foreign Minister Maung Lwin as telling his ASEAN counterparts that the junta had made progress on its own five-step roadmap for the country, which was unveiled by the governing body of the regime, the State Administration Council, after the coup. [see The Global New Light of Myanmar]

What is more, in the only reference to the ASEAN proposal, Lwin was cited as saying “discussions were made cordially” on it during recent discussion between two high-ranking ASEAN officials and the Myanmar military leadership.

ASEAN envoys urge Myanmar junta to free prisoners, follow agreement

(pr/lm) Diplomatic efforts to engage with Myanmar’s junta intensified over the past week, as officials from the Association of Association of Southeast Asian Nations (ASEAN) completed a visit to Myanmar on June 5 after two days of discussions with military leaders about implementing a regional “consensus”.[South China Morning Post] [The Straits Times 1]

ASEAN’s Rotating Chair, Brunei’s Second Minister of Foreign Affairs Erywan Pehin Yusof, and ASEAN Secretary-General Lim Jock Hoi arrived in Myanmar on June 3 for talks with junta leader Senior General Min Aung Hlaing. 

Their visit was preceded by a visit to Myanmar by the head of the International Red Cross, who met with Aung Hlaing on June 3 to share concerns on “the use of force during security operations” and to make the case for better humanitarian access to conflict areas and for the resumption of Red Cross prison visits. [Reuters]

On June 5, then, China’s ambassador met with the Myanmar general in Naypyitaw, a day before the special China-ASEAN foreign ministers’ meeting to commemorate 30 years of relations between Beijing and the regional bloc. [The Irrawaddy] [see article in this edition]

The trip of the two ASEAN representatives came more than five weeks after the blocs’ leaders had concluded a “five-point consensus” in April to end violence; promote dialogue; deliver aid; appoint a special envoy; and send a delegation headed by the envoy to Myanmar to meet “with all parties concerned” [see AiR No. 17, April/2021, 4].

But the Min Aung Hlaing said later that Myanmar was not ready to adopt the plan. Further, the special envoy has yet to be appointed amid divisions within ASEAN over the best person or people for the job, the envoy’s mandate and the length of the envoy’s term.

Against this backdrop, one day before the officials embarked on their trip, Indonesia on June 2 called on the bloc to immediately name an envoy. But Jakarta, which initially favored a single envoy to lead a task force, is at loggerheads with Thailand, whose military is said to have close ties to neighboring Myanmar [see AiR No. 20, May/2021, 3] and has pushed for a “friends of the chair” body of multiple representatives. [The Straits Times 2]

In the latest indication of Bangkok’s approach towards Myanmar, Thailand’s Foreign Ministry said that it believed “that quiet and discreet diplomacy between neighbors would be more effective and in line with traditional Thai diplomacy”. [The Straits Times 3]

The compromise supported by most ASEAN states is for three envoys, likely made up of representatives from Indonesia, Thailand and Brunei. A “concept paper” released by Brunei to the bloc’s members last month proposed the envoys only hold the position for the rest of the year, when it would be reviewed by the next chair of ASEAN, due to be Cambodia.

ASEAN’s divisions also underpinned its rejection of a draft UN resolution to impose an arms embargo on Myanmar last week. Several ASEAN nations were comfortable with a weapons freeze being included in the non-binding resolution, they said, but resistance led by Thailand and Singapore ensured ASEAN requested the clause be removed. [AiR No. 22, June/2021, 1]

China hosts ASEAN foreign ministers 

(dql) As part of the 30th anniversary of the ASEAN-China Dialogue Relations, China hosted this week a special China-ASEAN foreign ministers’ meeting in Chongqing.

High on the agenda was the ongoing crisis in Myanmar, with Singapore, Indonesia and Malaysia expressing disappointment over Myanmar failure to keep the “five-point consensus” agreed by ASEAN leaders at a special summit in April with de-facto leader Min Aung Hlaing.

Other issues discussed during the meeting included the reopening of borders, even as several South-east Asian nations deal with a surge in Covid-19 infections, and the tensions in the South China Sea. [Straits Times]

With reference to the South China Sea, Chinese Foreign Minister Wang Yi urged to “reach the COC at an early date,” and reassured that China stands ready “to work with directly concerned parties of the South China Sea to increase dialogue and consultation, properly manage differences, and continuously enhance mutual trust.” According to the readout of the meeting released by the Chinese Foreign Ministry, Foreign ministers of ASEAN countries attributed peace in the region to “important and fruitful relations,” between China and ASEAN, and suggested to “maintain the momentum of COC consultations, and jointly maintain peace and stability in the South China Sea.” [Ministry of Foreign Affairs, China]

ASEAN member states want to drop proposed UN call for Myanmar arms embargo

(lf) All ASEAN member states, excluding Myanmar, have proposed watering down a UN General Assembly draft resolution on Myanmar, including removing a call for an arms embargo on the country, in a bid to win the unanimous support, “especially from all countries directly affected in the region”. Observers believe that ASEAN member states are afraid sanctions would restrict the influence the bloc could have on Myanmar’s military leadership. [The Straits Times]

The resolution was drafted at the request of Liechtenstein, with the support of 48 countries, including the United Kingdom, European Union and United States. A previous vote on the non-binding resolution scheduled for May 18 was postponed indefinitely, because of a lack of support from Asian countries in the region [see AiR No. 20, May/2021, 3].

While many western nations have put targeted sanctions on junta chief Senior General Min Aung Hlaing and a combined 38 senior figures and also black-listed military conglomerates, ASEAN nations have so far largely avoided measures that would hit the junta’s finances. 

The Myanmar junta in late April rebuffed a plan by ASEAN leaders to help end violence in the country, saying any “suggestions” would need to fit with its stated road map and come after “stability” is restored. Leaders of the nine countries, together with coup chief Min Aung Hlaing, had earlier appeared to reach a five-point “consensus” during a special summit that included an immediate cessation of violence and the appointment of a special emissary to mediate talks between all parties in Myanmar [see AiR No. 17, April/2021, 4].

Indonesia, Malaysia, Brunei condemn Israeli Attacks on Palestine

(ra) Indonesian President Joko Widodo, Malaysian Prime Minister Sri Muhyiddin Yassin and Brunei’s Sultan Hassanal Bolkiah issued a statement urging all parties in the current Israel and Palestine conflict to accept international presence in the region temporarily and called upon the United Nations to conduct and emergency session to protect Palestinians. [Australian Financial Review] 

In their statement, the leaders reaffirmed their support for a two-state solution based on pre-1967 border agreements between Palestine and Israel. They have also urged all parties in the current escalation of violence to exercise restraint and halt all attacks on civilians. [The Star]

EU and India to boost trade, Indo-Pacific partnership

(lm) The European Union and India have agreed to resume long-stalled talks on a free trade deal, European Commission President Ursula von der Leyen announced on May 8. Brussel and New Delhi will also launch negotiations on reciprocal investments and on the protection of so-called geographical indications. [South China Morning Post]

Earlier on May 8, the first EU-Indian Leaders’ Meeting brought together all 27 heads of the EU member states and India’s Prime Minister Narendra Modi. Considering that previous EU-India summits have involved only the Indian prime minister and the heads of the European Commission and the European Council, the recent summit signals the bloc’s renewed interest in the Indo-Pacific region. [Reuters]

Last month, the EU Council asked the European Commission and high representatives to draw up the bloc’s Indo-Pacific strategy by September this year. In doing so, the Council unveiled the strategy’s main thrust, which included exploring closer economic ties with India and pledging to foster a rules-based order with “free and open maritime supply routes in full compliance with international law”, without naming China.

Earlier last week, the EU also said that efforts to ratify the proposed EU-China Comprehensive Agreement on Investment (CAI) with China had been suspended after Beijing imposed sanctions on several high-profile members of the European Parliament, three members of national parliaments, two EU committees, and several China-focused European academics.

For a comprehensive examination of the decision, please consider Chris Devonshire-Ellis’ comment for [China Briefing].

Press Freedom in Southeast Asia

(nd) Watchdog group Reporters Without Borders (RSF) recently released the World Press Freedom Index, revealing an increased repression and attacks on free press worldwide. The Covid-19 pandemic has globally been used as a pretext to impose repressive legislation and narrow the range of permitted speech for the sake of public health. According to the index, which evaluates 180 countries, journalism is seriously impeded in 73 nations and constrained in 59 other, making up 73 percent of the countries evaluated. 

Vietnam, 175th place, only above Djibouti, China, Turkmenistan, North Korea, and Eritrea, has intensified its crackdown on dissent leading up to the five-yearly congress in January 2021, arresting and sentencing bloggers and journalists. Malaysia fell 18 places to the 119th, prompted by the passage of an “anti-fake-news” ordinance to contain criticism on the government’s reaction to the pandemic and the state of emergency, as well as an investigation against media outlet Al Jazeera for a documentary on the situation of migrant workers during the pandemic, and proceedings against online news portal Malaysiakini, which was found guilty of contempt of court. [See also AiR No. 8, February/2021, 4]

A similar “anti-fake-news” decree designed for the pandemic was issued by Thai Prime Minister Prayut Chan-o-cha last March, and Indonesian President Joko Widodo. Cambodian Prime Minister Hun Sen continued his crackdown on civil society and the press with similar new powers to hinder reporting. The Philippines continued its “war on drugs”, which is also directed against media, suspending the license of the country’s largest TV broadcaster, ABS-CBN, for its critical reporting, and targeting its editor, Maria Ressa, with judicial campaigns. Myanmar, 140th place this year, but likely to drop to the bottom due to the February 1 coup and the deadly crackdown on civilians, was commented to be set back 10 years by these events. 

Contrarily, Timor-Leste made it to the 71st place, with RSF noting that “no journalist has ever been jailed in connection with their work in Timor-Leste since this country of just 1.2 million inhabitants won independence in 2002.” [RSF] [The Diplomat]

Brunei’s ASEAN diplomacy faces challenges

(nd) Brunei had made the Covid-19 pandemic priority of its ASEAN chairmanship, following its domestic success against it, also because a code of conduct for the South China Sea was deemed unlikely to be concluded from the beginning.

Following the military coup in Myanmar on February 1, though, this prioritization was forced to change, and ASEAN proved divided over how to respond. Maritime states around Indonesia, Malaysia, Singapore and the Philippines, denounced the coup, while mainland neighbors Thailand, Cambodia, Laos and Vietnam were more hesitant and invoked the principle of non-interference, two positions to be united by Brunei.

The budget for its diplomatic corps was increased by 7 % for 2021. Since the coup, Brunei has been rather active, releasing a statement within 24 hours, emphasizing democracy, the rule of law, human rights and the ‘will and interests’ of Myanmar’s people.

Brunei has met with the junta representatives, which received criticism and is further complicated by the emerge of the parallel government, the Committee Representing Pyidaungsu Hluttaw (CRPH). A second statement by Brunei was watered down, showing the remaining divide, but also indicating that even the neutral chair denounces the violence on protesters and that ASEAN wants a solution for the sake of stability. Following the looming of a “federal army”, Indonesia called for a special ASEAN meeting, which will be in person. To invite and prioritize General Min Aung Hlaing over the newly formed National Unity Government (NUG) of the CRPH indicates that Brunei considers the General part of the solution.

At the upcoming meeting, the members have to release a joint statement, for which it will be difficult for Brunei to broker unity, with Thai Prime Minister Prayut Chan-ocha and Philippine President Rodrigo Duterte absent. [East Asia Forum 1]

Thailand has been rather silent, despite increasing airstrikes in neighboring Kayin state and 23,000 displaced people, at least 3,000 of which made it into Thailand. While the government did set up temporary shelter anticipating a surge in numbers, at the same time pushed away incoming refugees, excluding NGOs and UN representatives access to the people. This reaction is unsurprising, given the approach to Rohingya refugees, who were pushed back, and other refugee groups from the 1980s still considered to be “temporarily displaced”. 

The influx indicates the high implications growing violence in Myanmar will have on Thailand. Parallelly, Thailand is not party to the 1951 Refugee Convention or the 1967 Protocol Relating to the Status of Refugees, so there is no legal protection for refugees. A prime ministerial regulation from 2019 provided a distinction between economic migrants and asylum seekers, but was criticized for deterring refugees and violating the principle of not sending back who might be subject to harm. Practice is based on “voluntary return” and “resettlement” to third countries. [East Asia Forum 2]

In any case, a special summit exclusively to deal with Myanmar is unusual and shows a departure from an indirect and informal diplomatic style, which was characteristic of ASEAN, and something that did not occur after the coup in Thailand in 2014. Analysts suggest, the successful role Indonesia assumed during the democratization in Myanmar in the 2010s under then-president, Susilo Bambang Yudhoyono (SBY), and his Foreign Minister Marty Natalegawa, is a legacy that Indonesian President Joko Widodo does not want to see crumbling down during his term. [Channel News Asia]

UK to deepen its position in Southeast Asia

(nd) UK Foreign Minister Dominic Raab visited Indonesia and Brunei Darussalam to enhance trade and security ties with the two countries and discuss future cooperation. He also met with ASEAN Secretary General to discuss the UK’s commitment as a new dialogue partner to the ASEAN bloc. This visit is part of the UK’s “Global Britain” agenda, focusing on Southeast Asia and the Indo-Pacific after its exit from EU. As a former colonial power, particularly in Malaysia, Singapore, and Myanmar, and other places, the UK aims to reinvigorate its historic position of influence and leverage in the region.

Already, the UK is a core member of the Five Power Defense Agreement (FPDA), a security arrangement involving Malaysia, Singapore, Australia, and New Zealand, as well as in the Five Eyes intelligence alliance with the U.S., Australia, New Zealand, and Canada. As part of freedom of navigation operations (FONOPs) meant to deter Chinese activities, the UK has sent warships to the South China Sea since 2018. As part of a multinational naval force, the new Queen Elizabeth-class aircraft carrier strike group will be dispatched next month. It also discusses with Japan over a UK military base. In Brunei, the UK has the only remaining permanent military presence with a contingent of 1,000 personnel, and has control over the British Indian Overseas Territory, including Diego Garcia, a joint U.S.-U.K. military facility located between Tanzania and Indonesia. 

Following its exit from the EU, the UK will have to maneuver its way into becoming an official dialogue partner to ASEAN now. In November 2019, the UK appointed an ambassador especially for the bloc, and concluded bilateral free trade agreements (FTAs) with Singapore and Vietnam by the end of 2020. Its trade priority is the inclusion into the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), a constellation of 11 Pacific rim countries. Given the tensions between US and China, the UK will have to carefully avoid to be pulled into the conflict, recently seen by the imposition of sanctions due to rights abuses against Uyghur Muslims, which was countered by retaliatory sanctions by China, as well as the UK’s support of Hong Kong’s democracy movement.

Additionally, the UK has provided over $385 million in development aid annually to Southeast Asia in recent years, and revitalized its Newton Fund by investing up to $132.5 million to support science and innovations collaboration in the region, using more soft power instruments. [The Diplomat]

Agreement during ASEAN summit to prompt anti-coup activist call for continuation of protests

(lf) The long-awaited summit between the ASEAN member states on the crisis in Myanmar has been concluded with an agreement on five points: to end the violence, hold a constructive dialogue between all parties, send an ASEAN envoy, accept aid of and enable entry for the ASEAN envoy. Furthermore, the states agreed on a constructive dialogue with all parties involved in the conflict, as well as a strong ASEAN role in the further development of the crisis. However, Myanmar General Min Aung Hlaing, did neither set a timeline for the end of violence, nor did he specifically agree to end the killing of civilians immediately or to release political prisoners. The meeting was the first international cooperation on the crisis in Myanmar. The United Nations, the US and China view ASEAN as the adequate body to best deal with the situation. [Reuters 1]

Myanmar’s anti-coup protestors were disappointed by the outcome. Activist groups stated that the agreement did not reflect the realities of the ground in Myanmar, and did not make up for the around 750 people killed by the military since the coup began. While the state-run newspaper New Light of Myanmar reported on Min Aung Hlaing’s visit, commenting he discussed the country’s “political changes”, they made no mention of the consensus on an end to violence. [Voice of America] Activists were in particular disappointed over the weakened stance on the release of political prisoners, as a draft paper prior to the summit featured the release of political prisoners as one of the consensus points. Since the coup over 3,000 people have been detained. Therefore, activist have called for a continuation and deepening of the Civil Disobedience Movement and protests. Activists urge civilians to boycott schools and to stop paying their electricity bills and agricultural loans.  [Reuters 2] [Reuters 3]

Already before the summit, the ASEAN bloc received widespread criticism for only inviting the military and in particular the military leader Min Aung Hlaing to the table for a discussion on the situation, and not a representative of the National Unity Government. State leaders of Thailand and the Philippines, Prayut Chan-o-Cha and Rodrigo Duterte did not attend the summit. [South China Moring Post]

Shortly after the meeting, the junta announced to “positively consider” the agreement. On Monday already, one man was shot dead in Mandalay. [Reuters 4]

ASEAN leader to meet on April 24

(lf) The leaders of the members of ASEAN have finally agreed to meet in Jakarta on April 24 on the situation in Myanmar. The ongoing violent conflict between the Tatmadaw and ethnic armed group causes the neighbor country to worry about a civil war. Coup leader, Senior General Min Aung Hlaing is expected to attend. [Thai PBS world]

ASEAN has long struggled for a cohesive response to the situation. It is rooted in ASEAN’s core principle of non-interference, which was invoked frequently by members, and it therefore lacks a mechanism for regional action. While the international community has condemned the coup with some imposing sanctions, the responses have not been successful yet. [East Asia Forum]

Ahead of the meeting, Southeast Asian states were discussing the possibility of sending a humanitarian aid mission, in order to foster dialogue between the military and the protestors. [Reuters]

Myanmar: Rising death toll and more international efforts to pressure the military

(nd) Lawmakers from the National League for Democracy (NLD) have urged the largest foreign-owned oil and gas companies to suspend business ties with the military regime, saying the money earned will be used to reinforce human rights violations. Per month, Myanmar receives earnings of about US$75 million to US$90 million from oil and gas sales, paid through state-owned company Myanma Oil and Gas Enterprise (MOGE). In an effort to cut the junta off these supplies, the Committee Representing Pyidaungsu Hluttaw (CRPH), the Burmese government in exile representing the NLD, sent a notice to France’s Total SE, Malaysia’s Petronas, Thailand’s PTT and South Korea’s POSCO, criticizing them for their failure to condemn the coup, and urging them to suspend their tax payments. [Irrawaddy 1]

Also, CRPH is negotiating with Karen National Union (KNU), Restoration Council of Shan State and Kachin Independent Army (KIA) to form a federal army to protect the protesters. They have cleared all ethnic armed groups from the terror list. In light of the growing violence, so far peaceful protesters started to use self-constructed weapons, such as molotov cocktails, and built barricades from tires, bricks or bamboo. [FAZ in German]

Meanwhile, the efforts of the Civil Disobedience Movement (CDM) spreads virally, with a “social punishment” campaign against the families of senior members of the regime. On social media, protesters identified names, addresses and other personal information on relatives of the military generals, and urged people to shun and shame the individuals, and to boycott their businesses. [Frontier Myanmar 1] 

Four employees of a private bank were detained for allegedly inciting people to join the civil disobedience movement (CDM). [Irrawaddy 2] Due to the ongoing strikes, companies struggle to pay salaries amid closed banks. [Nikkei Asia 1] With an ongoing strike, the military has fired officials from the Foreign Ministry and has pressured banks to reopen in an effort to avoid an economic collapse. [Frontier Myanmar 2]

With the junta using more excessive force, the death toll rose to over 250 and reports of at least 5 cases of torture in detention have surfaced. Internet shutdowns let information spread slowly. Protesters erected barricades in the streets, which were set on fire making Yangon look like a battle zone. [Asia Times 1] In an effort to intimidate citizens, security forces randomly opened fire in residential areas and at individual residences. Shortages of food and drinking water continued, hinting at a looming humanitarian crisis. Adding to internet blackouts, phone services were cut off in some areas. Protesters reported they refrain from forming groups, which are randomly attacked and shot at by the police.

The military continued to target journalists and closed down the last independent newspaper, The Standard Time Daily, following 7Day News, The Voice, Eleven Myanmar, and the Myanmar Times. Private media outlets have been operating in the country since 2013, after the lifting of the ban on independent media since 1962.  [Radio Free Asia 1] Police also continued to raid homes in search of protesters; over 2,000 people have been arrested. [Radio Free Asia 2] To mark the one-month anniversary of the protests, activists organized a car convoy, others lit candles, joined by Buddhist monks. Reportedly, members of the security forces were attacked and died, as well as two policemen during protests. After security forces have occupied more than 60 schools and university campuses in 13 states and regions, Unicef, Unesco, and private humanitarian group Save the Children, issued a statement condemning the occupation of education facilities as a serious violation of children’s rights. [South China Morning Post 1]

Following the attack on Chinese businesses on Sunday, an unsigned editorial, published on the website of state-run CGTN network, suggested that China might be “forced into taking more drastic action” in Myanmar if its interests are not more firmly safeguarded. The editorial added, “China won’t allow its interests to be exposed to further aggression. If the authorities cannot deliver and the chaos continues to spread, China might be forced into taking more drastic action to protect its interests.” China is deeply involved in Myanmar’s economy and shares a 2,200-kilometer border, which is of interest for Chinese infrastructure projects giving it a corridor to the Indian Ocean. [The Diplomat 1] Inter alia, China is extracting minerals in Myanmar, whose shipments have delayed significantly, making a global price rise likely. China controls 80% of the world’s rare earth mineral supplies. [Asia Times 2]

According to experts, the systematic crackdown on the Rohingyas executed by the military since 2017 is just postponed and likely to restart, possibly turning protests into a “prolonged crisis”. Recently hired Canadian-Israeli lobbyist for the junta, Ari Ben-Menashe, said the military want to repatriate Rohingyas. [Voice of America]

Sam Rainsy, exiled Cambodian opposition leader, Malaysian opposition leader Anwar Ibrahim, Indonesian lawmaker Fadli Zon, Philippine Senator Kiko Pangilinan, former Singapore Deputy Speaker Charles Chong, and former Thai Foreign Minister Kasit Piromya signed a statement urging all ASEAN nations to unite in sanctions against Myanmar and to end impunity. The politicians criticized the “impotence” of ASEAN amid the human rights abuses, and suggested to suspend Myanmar’s membership in the regional bloc. [Benar News]

In some of the strongest comments yet, Indonesian President Joko Widodo urged the violence to stop immediately and to press current chairman of ASEAN, Brunei’s Sultan Hassanal Bolkiah, to call an urgent meeting. [Reuters] Following Indonesia and Malaysia’s joint push for an urgent high-level meeting of ASEAN, Singapore Foreign Minister Vivian Balakrishnan will visit Brunei, before going to Malaysia and Indonesia. [Channel News Asia]

The European Union on Monday imposed sanctions on 11 individuals linked to the coup in Myanmar. The EU already had an arms embargo on Myanmar, and has targeted some senior military officials since 2018. Stronger measures are expected in a move to target the businesses run by the military, mainly through two conglomerates, Myanmar Economic Holdings and Myanmar Economic Corp. [Nikkei Asia 2]

According to Thai media, the Royal Thai Army had supplied 700 sacks of rice to Myanmar army units on Myanmar’s eastern border allegedly on the orders of the Thai government. The commander of the task force denied it and said it was regular trade. Residents told a Reuters reporter the crossing was not a normal trade route. The allegedly supplied army units were cut off by forces of the Karen National Union (KNU), who have pledged allegiance to the protest movement. [Bangkok Post]

Meanwhile, Aung San Suu Kyi was charged with violating an anti-corruption law, with a possible prison sentence of 15 years, adding to four previous charges with other offences. [South China Morning Post 2]

The influential, Sangha Maha Nayaka Committee (Mahana), a government-appointed body of Buddhist abbots, urged the military to end violence against protesters. It was submitted to the Union Minister for Religious Affairs and Culture. The statement mentioned the CDM, which would greatly benefit from support by Mahana. As a rather conservative organization, the clear cut with the military is significant, according to analysts. It might unleash monastic opposition, which has historic precedents. [The Diplomat 2]

Ousted lawmakers of NLD are exploring if the International Criminal Court (ICC) can investigate crimes against humanity committed by the military since the coup. Following the toughening crackdown, hundred have fled Myanmar to bordering Thailand, which has prepared for a big influx of refugees, as well as to India. [South China Morning Post 3]

Indonesia to rally among ASEAN for a joint stance on coup in Myanmar

(nd) In an effort to promote among ASEAN member states a common stance on the coup in Myanmar, Indonesian Foreign Minister Retno Marsudi travelled to Brunei last week. Brunei currently holds the ASEAN chair. She already discussed the issue with US Secretary of State Antony Blinken, and is expected to meet China’s Foreign Minister Wang Yi Wednesday.

Retno commented, Indonesia “prioritised” efforts to ensure a democratic transition in Myanmar, and has held talks with regional foreign ministers and counterparts in India, Australia, Japan and Britain, and the UN special envoy to Myanmar, Christine Schraner Burgener. Last week, Indonesia and Malaysia called for a special ASEAN meeting on the coup. The member states responses were mixed, but mostly in adherence to their principle of non-interference, calling it an internal affair.

According to analysts, Indonesia is looking for a better response to the military coup both regionally and internationally, underlining its regional role as peacekeeper and communicator. [South China Morning Post]

Meanwhile, Indonesia is reportedly pushing Southeast Asian countries to agree on an action plan over Myanmar’s coup that would keep the junta to its promise of holding elections, involving also monitors to ensure they are fair and inclusive. [Reuters]

ASEAN member states tighten grip on cyberspace

(nd) The Thai government issued a warning not to break the law using the audio social media app Clubhouse. The Digital Minister said authorities were watching Clubhouse users and political groups if information was distorted and laws potentially violated. The app quickly developed into a discussion platform about the monarchy, despite the topic raised by student protesters still a fierce taboo, and whose criticism is punished harshly. Many Thai users registered following Japan-based critic of the Thai palace, Pavin Chachavalpongpun, and joined the app. He gained more than 70,000 followers in his first five days on the app. His Facebook group, Royalist Marketplace, was shutdown in August 2020, only to reopen and attract 300,000 followers the next day. The government’s crackdown on protesters has regularly included charges under cybercrime laws, mostly on Facebook, YouTube and Twitter.

The app gathered popularity quickly and was blocked earlier this month in China after thousands of mainland users joined discussions often censored in China, including about Xinjiang detention camps and Hong Kong’s national security law.

Last Wednesday, Indonesian authorities announced the app had to register as an Electronic System Operator (PSE) to seek permission to operate, and could be banned if it fails to comply with local laws. Indonesia has previously banned Reddit, Vimeo, and many pornography sites. [South China Morning Post] [Reuters]

Cambodian Prime Minister Hun Sen last week signed a sub-decree to enable the creation of the country’s long-planned National Internet Gateway (NIG), a Chinese-style firewall, which possibly gives authorities even more powers to crackdown on online free-speech. All internet traffic will be routed through a single portal managed by a government-appointed regulator. All internet traffic metadata shall be stored for 12 months and can be assessed by the authorities.

A telecommunications law from 2015 already gave significant powers to request user traffic data from internet service providers to the authorities, and the criminal code and the “fake news” legislation were used to crack down on government critics. All these efforts, however were reactive and put in after a post, despite blockages of websites, that could be circumvented via VPNs. The NIG enables a preventive action, mounting up to censorship.

Since Cambodia is unlikely to provide a national alternative to the popular social media platform Facebook, the authorities will have to force the platforms to abide by its rules. By having a single gateway for all traffic, Cambodia might have significant leverage over the social media website, being able to threat to shut them off. Such a tactic worked well for Vietnam.

Indeed, the timing is suspect. The NIG is expected to be launched next year, which in mid-2022 will see local elections, and general elections in 2023. The ruling party dissolved its only opponent, the Cambodia National Rescue Party (CNRP), in 2017. Leaders are in exile and mostly hindered from returning to the country, not even to face charges in ongoing court proceedings. [Asia Times]

In Thailand, analysts commented that the Thai cyberspace has become highly politicized after the coup, with the addition of legal tools to enable a broad and deep surveillance.

The Computer Crimes Act was enacted in 2007. Already in 2015, a “cyber warfare” unit was founded with the military, and the Technology Crime Suppression Division with the Royal Thai Police. The Ministry of the Digital Economy and Society was established in 2016. According a WikiLeaks documents, the military unit was setup with the help of an online surveillance firm and installed broad tools to collect data. The military was accused in 2016 of buying decryption technology to monitor private communication on social media. A 2017 report claimed hackers worked for the government between 2016 and 2017 to block media sites, WikiLeaks and websites that provide tools for censorship circumvention. A new cybersecurity agency and hacker training center were setup in 2018, further enabling control of online content. In 2019, a “anti-fake news center” was opened in Bangkok, employing 40 full-time staff to monitor and forward discussion in possible violation of the Computer Crimes Act to the Technology Crime Suppression Division. Officers working for the Digital Economy and Society Ministry can request computer data from service providers without a warrant. According to a Comparitech survey on privacy protection published by the end of 2019, Thailand was ranked among the lowest in the world.

In the Malay-Muslim-majority southern provinces the state’s system of surveillance is even more sophisticated, collecting DNA-samples for a DNA databank to fight insurgencies. In 2020, phone numbers were registered using a facial recognition system, and failure to register cut the individual off service. Phones have been used to set off bombs. Later, it was announced that the 8,200 security cameras in the southern provinces could be fitted with a facial recognition system and be run with artificial intelligence (AI) in the future, similar to the system in China. The UN criticized this development in 2020. [The Diplomat]

ASEAN to have less trust in China

(nd) China’s so-called vaccine diplomacy appears to be unsuccessful, according to a survey by the ASEAN Studies Centre at Singapore’s ISEAS-Yusof Ishak Institute. In a poll conducted from mid-November to January with 1,032 people across ASEAN, 44.2% said China provided the majority of help to the region during the Covid-19 pandemic. Still, and despite proactive efforts to secure vaccine deals in the region, 61.5% of respondents said they would choose the US over China in the ongoing US-China rivalry, a rise of 7.9% in support for the US compared to last year. While new possibilities were associated with the incoming Biden administration, many grow increasingly wary of Chinese influence in the region. China was named as most influential economic power in the region by 76.3% of respondents, 72.3% of which voiced concerns thereof. Of 49.1% who named China as the most influential political and strategic power in the region, 88.6% indicated being worried about this influence.

China was also low in terms of trust among global powers: Additionally, some 63% responded to have “little confidence” or “no confidence” that China will “do the right thing” for the global community, rising more than 10% in comparison to last year. Analysts commented, this trust deficit is upward trending. Its economic and military power combined is viewed as a possible threat to sovereign interests. [Nikkei Asia]

ASEAN-EU strategic partnership

(nd) The new ASEAN–EU Strategic Partnership, announced in December 2020, not only eradicated the donor–recipient dynamic, but the EU might need ASEAN more than ASEAN needs the EU. The EU High Representative for Foreign Affairs and Security Policy Josep Borrell has declared it “no longer a luxury but a necessity”.

Issues of cooperation include the economy, ASEAN integration, COVID-19 responses, sustainable development, maritime cooperation and cybersecurity. But on terms of strategy, they still differ. While both agree on principles like a rule-based international order, multilateralism and free trade, a commitment to human rights and democracy is not a prerequisite for ASEAN.

The EU arguably has pushed more for a strategic partnership than ASEAN did. Still, the EU is a major development partner and ASEAN’s largest donor. For that, the EU might have to focus more on influencing ASEAN norms and values, to shape the partnership according to EU’s terms. It remains unclear whether the EU can reach its goal, to enhance EU security and its defense profile in the Asia Pacific, be granted membership in the East Asia Summit and ASEAN Defence Ministers Meeting Plus.

The EU has to first ensure coherence in the bloc’s responses towards ASEAN, and avoid the implication of some members’ unilateral Asia Pacific or Indo-Pacific strategies. Also, coherence is needed in relations to the member states of ASEAN. In specific issues, the EU has adopted different stances on member states, such as Cambodia on trade privileges, to Indonesia and Malaysia over palm oil, and stalled FTA talks with Malaysia, Thailand and the Philippines. The situation in Myanmar, which both have so far only commented on, can have implications on the future of the strategic partnership. In 2009, FTA negotiations with ASEAN were stalled due to insecurity of how to deal with Myanmar’s human rights record.

Going forward, ASEAN and the European Union will need to find coherence between their values, interregional and regional positions, and divergent interests among their member states. They will have to agree on how to deal with bilateral and regional issues, and how to carve out a space for the new strategic partnership in regional, multilateral and plurilateral arenas. [East Asia Forum]

Japan-ADB cooperation agreement on ASEAN energy projects 

(dql) In a move to strengthen its footprint in Southeast Asia against China, Japan’s Ministry of Economy, Trade and Industry (METI) has reached an agreement with the Asian Development Bank (ADB) under which both sides will cooperate on clean energy projects in the frame of the Cleaner Energy Future Initiative for ASEAN (CEFIA), covering areas of renewable energy, energy conservation and efficiency, and other technologies for low carbon energy transition.

Established in 2019, the CEFIA seeks to accelerate the deployment of sustainable energy and low carbon technologies in Southeast Asia. [Modern Diplomacy]

ASEAN, Indonesia to intervene in Myanmar

(nd) Following a bilateral meeting, Malaysian Prime Minister Muhyiddin Yassin and Indonesian President Joko Widodo announced to talk to current chair of the Association of Southeast Asian Nations (ASEAN), Brunei, to convene a special meeting on the coup in Myanmar.

 While ASEAN disposes of a Human Rights Declaration and the Charter calls for the strengthening of democracy, good governance and rule of law, at its core understanding lie the overarching principles of non-interference and sovereignty. Since democracy as such is no prerequisite for the membership in the bloc, its backsliding does not warrant for a response. Such is mimicked in the statement by ASEAN chair Brunei, “noting” the commitment to democracy and the rule of law but calling for a dialogue and the return to normalcy. The Philippines, Thailand and Cambodia referred to the principle of non-intervention and labelled the coup an internal matter. Vietnam called for a stabilization and Malaysia for a discussion to ‘avoid adverse consequences’ of the coup. Indonesia voiced the strongest opposition, referring to uphold the ASEAN charter and use legal mechanisms to resolve the issue. Given the intentionally non-enforceable commitments to democracy in the charter, forging a common stance seems difficult.

Historically though, Indonesia assumed the position of a role model for Myanmar, which according to analysts warrants for a heightened responsibility now. Indonesia itself successfully transitioned from dictatorship to democracy. A significant role within Myanmar’s transition to democracy was assumed by former general Susilo Bambang Yudhoyono (SBY), Indonesia’s first directly elected president. Besides assisting Myanmar with minority conflicts, drafting of laws and education on democratic institution, the presence of himself and former military allies who turned into democratic reformers were the most obvious message sent. In contrast to current president Widodo, whose agenda is focused on domestic issues, SBY was looking for an international statesman position with a democracy-infused diplomatic agenda. Therefore, some suggested SBY to function as Indonesia’s envoy to Myanmar to advocate credibly for military reforms. 

Any intervention in Myanmar is shadowed by a fear of Myanmar gravitating further to China if pressured too much. As well as the muted bloc’s response carries the fear of further coups and authoritarian takeovers in the region. [Reuters] [Benarnews] [East Asia Forum]

ASEAN human rights hit by pandemic

(nd) According to deputy Asia director at the New York-based advocacy group Human Rights Watch, Phil Robertson, human rights took a hit amid the Covid-19 pandemic, which highlighted inequalities and vulnerability. Malaysia for instance excluded their 3,5 million migrants and refugees from government aid programs. For a lack of governmental support in Myanmar, some of the overlooked people relied on armed rebel groups for aid instead. In Singapore and partly in Thailand, the virus transmission was blamed on migrants, creating an anti-immigrant sentiment.

Apart from economic differences and hardships, the pandemic allowed to “reinforce” existing policies to target dissidents under the umbrella of health protection, as seen with protesters in Thailand. According to US-based rights advocacy group Amnesty International, Philippine president Rodrigo Duterte told soldiers and neighborhood leaders to shoot “troublemakers” protesting during community quarantine, furthering the “climate of impunity”, which was set off by his infamous drug on war, resulting in increased killings of activists. In this militaristic atmosphere, police officers were found to have committed abused enforcing stay-at-home orders. [Voice of America]

China’s vaccine diplomacy in Southeast Asia 

(nd) After Chinese company Sinovac announced a 78% efficacy rate during its trials of CoronaVac, Brazilian scientists reported a significantly lower rate of 50,4 %, casting doubt on China’s so-called “vaccine diplomacy” in Southeast Asia. The World Health Organization’s (WHO) threshold for advised use is 50%. Indonesia’s own trials found an efficacy of 63,3%, with Indonesia’s food and drug agency to be the first in the world to approve use of the Sinovac vaccinations. Despite the high numbers and the prominent vaccination of President Joko Widodo, the Indonesian population is rather reluctant to receive a shot due to concerns over safety and efficacy. [Asia Times]

Thailand and the Philippines have also already purchased doses of CoronaVac, with Philippine President Rodrigo Duterte criticizing Western vaccination makers for their unscrupulous prices. Vaccinations produced by Moderna and Pfizer-Biontech have shown efficacy rates of about 95%, but are more expensive and have to be transported and stored in costly freezers. Besides the price and its availability, buying Chinese vaccinations will potentially bring more general benefits, with China having already announced it will look kindly on purchasers of its products. [Asia Times]

Despite China being the country’s closest ally and economic patron, Cambodian Prime Minister Hun Sen announced last year to only purchase WHO-approved vaccines, which to date doesn’t include any of the at least four vaccinations produced by China, which prompted observers to state that it will take the country until at least mid-2022 to be able to vaccinate more than 60% of its population. The Chinese government and state media downplayed the efficacy results, but they still raised already existing public doubt over the reliability of Chinese vaccinations, and the more general notion of unsafe and hasty production of vaccinations against Covid-19 generally. Yet, early this week Cambodian Prime Minister Hun Sen accepted a donation of one million Sinopharm vaccine doses from China, contradicting previous pledges. Hun Sen argued amid a Thai Covid-19 case surge, he cannot afford to wait, and referred to the rollout of the vaccine in China, Indonesia, Egypt and Brazil. [Nikkei Asia]

During his visit to the Philippines, Chinese Foreign Minister Wang Yi promised half a million doses of Covid-19 vaccines, US$1.34 billion in loan pledges for infrastructure projects and US$77 million (500 million yuan) in grants. Philippine Foreign Minister Locsin, however, also made reference to the South China Sea dispute. According to observers, in light of the incoming Biden administration, the donation and investment in infrastructure was an effort to present itself as a partner to revive heavy-hit economies in the regions. [South China Morning Post]

China in the “U.S. Strategic Framework for the Indo-Pacific” 

(dql) Shortly before Joe Biden will be sworn in as US President in this week, the Trump administration declassified and published the “U.S. Strategic Framework for the Indo-Pacific”, approved by President Trump in 2018 and stamped secret and not for release to foreign nationals until 2043. 

The 10-page national security strategy paper identifies maintaining “U.S. strategic primacy over the Indo-Pacific region,” and promoting “a liberal economic order, while preventing China from establishing new, illiberal spheres of influence and cultivating areas of cooperation to promote regional peace and prosperity” one of three national security challenges, along with North Korea’s threat to the US and its allies as well as the advancement of US global economic leadership. 

Furthermore, the document assumes that the “[s]trategic competition between the United States and China will persists,” with China “circumvent[ing] international norms and rules to gain advantage,” and seeking to “dissolve U.S. alliances and partnerships,” in order to “exploit vacuums and opportunities created by these diminished bonds.”

As an desired outcome with regards to China, the “United States and its partners on every continent” shall become “resistant to Chinese activities aimed at undermining their sovereignty, including through covert or coercive influence.” [White House, USA]

For a concise assessment of what has been achieved under this strategic framework, see Grant Newsham in [Asia Times] who argues that “Trump and his staff are handing off to Joseph Biden an Indo-Pacific that is better off than it was in 2017. 

ASEAN countries, US to seek last minute deals

(nd) Only weeks before the official end of the Trump administration, countries across Southeast Asia seem to pursue last minute security and economic agreements with the US in light of president Donald Trump’s transactional approach to diplomacy. During the Trump presidency, trade with the US increased despite of his relative lack of interest in the region, while the incoming administration of President-elect Joe Biden is widely associated with a stricter emphasis on human rights and democratic values. In early December, the Philippines received $29 million in military equipment during a visit, with an announcement of additional $18 million worth of military equipment and training.

For Indonesia’s planned sovereign wealth fund, the US International Development Finance Corp. signed a letter of interest for a $2 billion as one of the first countries to sign up, with an aimed estimated total of about $15 billion from around the world. The US also extend tariff exemptions for Indonesia, possibly with an eye on cooperation against Chinese maritime actions in the South China Sea. Due to its geographic position, the region will play a pivotal role in geopolitics in the coming years, to stand strong against Chinese aggression and growing influence, but still, in the region, democratic governance is deteriorating, and left unaddressed.

Economically, the region has benefitted from the Trump administration, with ASEAN having received about $24.5 billion in direct investment from the US in 2019, with exports from Indonesia, Vietnam and Cambodia on the rise since 2017. Additionally, US-based power company AES announced to join a development project for a liquefied natural gas terminal in Vietnam, which also agreed to import up to $500 million in American pork over the next three years. This was seen as a reaction to mitigate the trade imbalance, still US accused Vietnam of currency manipulation after. [Nikkei Asia]

ASEAN and the South China Sea in 2021

(nd) Against the background of ongoing tensions and significant developments in and regarding the South China Sea over 2020, a recent article in the [East Asia Forum] by Sourabh Gupta argues for an increased potential for ASEAN to play a more meaningful role in the conflict.

ASEAN, US relations: challenges and prospects

(nd) A recent report analyzes the challenges for the incoming Biden administration to enhance US ties with Southeast Asian nations. The report sees a great deal of skepticism in the region with regards to the US commitment and wariness of China’s reaction. China has immense strategic interests in the region and advanced to become its major investor through its Belt and Road Initiative (BRI). Such investments, although seen in all their ambiguity by many local observers, are badly needed by the region’s Covid-19-shaken economies. Also, militarily China is increasingly present in the region according to the report and demonstrated its willingness to use force when it comes to its geopolitical interests. The new administration’s call for multilateral engagement is therefore understood by the authors as a call to active participation with ASEAN nations rather than an attempt to develop US leadership as too much engagement is seen as potentially triggering more aggressive counter-moves by China. Given these obstacles, a revival of US-ASEAN ties requires a clear vision and assessment of limitations, patience and political will according the report. [East Asia Forum]

Asian countries divided over UN death penalty moratorium

(dql) In a poll on a resolution which calls for a moratorium on the use of capital punishment eleven countries from the Asia-Pacific region were among the 39 countries which voted against the resolution in the Third Committee of the United Nations General Assembly. They include Afghanistan, Brunei Darussalam, China, India, Japan, the Maldives, North Korea, Pakistan, Papua New Guinea, Singapore, and Tonga.

120 countries voted for the resolution, including over 15 Asia-Pacific countries. Among them are Sri Lanka and the Philippines. 24 countries abstained from the vote. Asia-Pacific countries among these are Indonesia, Myanmar, Thailand, and Vietnam. [Human Rights Watch]

South-East Asian leaders to discuss travel corridor

(nd) During the ASEAN summit, Southeast Asian leaders discussed a regional “travel corridor” in order to boost the region’s Covid-sticken economies, with the first quarter of 2021 as possible start date. The Corridor would include generalized regional health protocols to facilitate the exchange of people between the countries.

This move follows several bilateral steps taken earlier to enable traveling, with Singapore establishing “green lane” arrangements, setting up a reciprocal green lane with Indonesia for essential business and official travel [see also AiR No. 41, October/2020, 2], also with Hong Kong, Brunei, Malaysia, China, and Japan. A corridor would help enhance the economic outlook for the Southeast Asian nations, which were hit heavily by the pandemic, with regional integration and mobility having been key to Southeast Asia’s rapid growth over the past three decades, although analysts warned the timeline might be too optimistic. [The Diplomat] 

ASEAN signs RCEP, biggest trade agreement globally

(nd) The 37th ASEAN Summit concluded past Sunday with some 30 declarations, statements, plan-of-actions and summaries, covering a wide range of issues including stalled connectivity initiatives, environmental concerns, regional trade and integration, multilateral security frameworks, among others.

A dominant issue at the Summit was a joint response to the COVID-19 pandemic where cooperation initiatives were announced and put into operation, including the ASEAN COVID-19 Response Fund, the Regional Reserve of Medical Supplies, the ASEAN Standard Operating Procedures in response to Public Health Emergencies and the ASEAN Centre for Public Health Emergencies and Emerging Diseases. [Vietnam Investment Review] [Malay Mail]

Opening the Summit, Vietnamese Prime Minister Nguyen Xuan Phuc addressed the South China Sea issue, commenting ASEAN member states were not “drawn into the maelstroms” of the US-Chinese rivalry yet, but challenges to multilateral systems remain urgent.

At the sidelines of the Summit, the ASEAN member states along with China, Japan, South Korea, Australia and New Zealand signed the Regional Comprehensive Economic Partnership (RCEP), resulting in the world’s biggest trade agreement [See also AiR No. 43, October/2020, 4], covering around 30% of the global GDP. India pulled out last year. The agreement will rather focus on trade and the practicalities of commerce, foreseeably to the detriment of labor and environmental issues.

Following a retreat from the region and uncertainties caused by an erratic foreign policy, the US engagement was put into question for a long time, enabling China to enhance its position. President-elect Joe Biden is expected to continue Barack Obama’s stance on Asia and make it a pivotal region of the US foreign policy. [South China Morning Post 1] [Radio Free Asia]

The trade deal puts China in a comfortable position in the region, with the possibility to shape it according to its rules, solidifying China’s geopolitical agenda together with its Belt and Road Initiative (BRI).The Trump administration was represented by National Security Advisor Robert O’Brien who stressed the importance ASEAN-US ties in times of the global pandemic. [South China Morning Post 2] [9News]

Malaysia’s prime minister Tan Sri Muhyiddin Yassin said he respects India’s decision but noted India was a strategic partner for ASEAN, and their trade volume increased, with India being the sixth largest trading partner. In order to facilitate trade, the ASEAN-India Trade in Goods Agreement (AITIGA) was proposed, which is being reviewed currently. [Bernama]

East Asia Summit: Deepening cooperation in pandemic response

(dql) Leaders of participating countries at the East Asia Summit on past Saturday stressed the need for countries across the Asia-Pacific to cooperate in tackling the coronavirus pandemic and the current economic crisis.

The Summit brought together Asean’s 10 members plus Australia, China, India, Japan, South Korea, New Zealand, Russia and the United States. [Straits Times]

ASEAN and China discuss humane mutual treatment of fishermen

(jn) ASEAN members and China discussed ways to promote cooperation in humane treatment of fishermen as part of the implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC). The DOC of 2002 obligates the parties intensify efforts to build trust and confidence and ensure just and humane treatment of all persons who are either in danger or distress at sea. [Hanoi Times]

Former senior Singaporean diplomat triggers controversy over ASEAN membership

(jn) Former Permanent Secretary at the Ministry of Foreign Affairs of Singapore, Bilahari Kausikan, triggered an international controversy on Octoer 23, suggesting ASEAN might have to terminate the membership of Cambodia and Laos given the enormous political and economic influence of an outside power, arguably alluding to China. He uttered the idea at a webinar of the ISEAS-Yusof Ishak Institute, after referencing a proposed communiqué between ASEAN and China from 2012, which failed due to Cambodia’s resistance. Mr. Kausikan also said that both countries “must care” about who controls the Mekong River which he called an existential issue for people’s livelihoods.

The comments were rebuked by current and former Cambodian diplomats who attacked Mr. Kausikan as “arrogant and condescending”, said he destroyed ASEAN unity and questioned whether he was an “agent”. [South China Morning Post]

Japan’s Suga pledges security assistance for ASEAN’s coasts

(jn) Japan’s Prime Minister Suga announced in Jakarta on Wednesday that his country will provide patrol boats to Southeast Asian governments, like Indonesia and Vietnam, presenting an effort to help these countries secure their waters around the disputed South China Sea. Mr. Suga stressed the importance of adhering to the rule of law and peaceful conflict settlement in international waterways and lamented recent breaches of maritime law in the region. He explicitly pointed out combating illegal fishing as a reason to supply ASEAN countries with patrol boats. [Radio Free Asia]

The rhetoric and the agreement’s content match the overall strategic play of Mr. Suga during his South East Asian round trip, namely boosting Japan’s economic and security ties to ASEAN members that themselves are facing Chinese encroachment in what they see either as territorial or international waters. [Asia Times]

Southeast Asian nation’s critical potential

(nd) With the economic and political repercussions of Covid-19, Southeast Asia has entered a period of potential crisis that mirrors developments around the “Arab Spring” and the economic situation that lead to the Asian Financial Crisis of the late 1990s, mobilizing both public and political opposition to demand fundamental political reform to change institutions of governance.

In the World Bank’s latest economic outlook, ASEAN nations’ economy could contract by as much as 4.7 percent. According to an estimate of the International Labor Organization, nearly 85 percent of youth employment within the Asia-Pacific is within the informal economy, which is not reached by governmental support and not included in official numbers. The many regional protest movements illuminate the frustration of younger populations with ineffective governance and high levels of unemployment.

Already, a political legitimacy deficit can be seen, which turns into trying to mute or quash dissidents and critics through authoritarian leadership, as seen prominently in Myanmar, the Philippines and Cambodia, facing criticism by UN representatives and human rights advocates. Indonesian President Joko “Jokowi” Widodo finds himself increasingly pleasing powerful Islamic constituencies that threatened to galvanize public discontent. Ever since February, Malaysia has been struggling with political stability, yet again following an unresolved claim of opposition leader Anwar Ibrahim to form a new government. In Thailand, the unprecedented student-led protests and their criticism of the monarchy institution is gaining ever more momentum. Additionally, Thai protesters expressed solidarity for Taiwan and Hong Kong, fueling a vision of “pan-Asian alliance for democracy”, named “Milk Tea Alliance,” continues to trend on social media.

A recent study by British-based risk consultancy Verisk Maplecroft – the Right to Privacy Index (RPI), rated 198 countries for privacy violations, including mass surveillance operations, retention of personal data, home searches and other breaches. According to this, Asia was the world’s highest-risk region for violations with a deterioration in recent years. Among the worst-scoring Asian nations were Pakistan, China, Myanmar, Thailand, Cambodia, India and the Philippines. The study advocated data privacy legislation and a transparent surveillance system.

The backdrop for these developments is a raging pandemic with sometimes haphazard public health responses additionally undermining credibility and trust. [The Diplomat] [Jakarta Post]

Brunei, Singapore to sign MoU

(nd) To strengthen diplomatic ties, Brunei Darussalam and the Republic of Singapore have signed a Memorandum of Understanding (MoU) to establish collaborative social development programs including protection for children, the elderly, women, and persons with different abilities. Official bilateral relations between the ASEAN members were established in 1984.

Meanwhile, Singapore announced visitors from New Zealand and Brunei are now allowed to travel to and from the island city-state, solely undergoing a Covid-19 test upon arrival. [The Star] [eTurbo News]

Brunei: Charge for frequent cross border travelers

(nd) Brunei started imposing entry charges on travelers – foreign or national – travelling through its border posts by land. A Frequent Commuters Pass (FCP) to ease the financial burden on daily commuters and students was announced. Malaysian media reported on local requests for a government-to-government arrangements to ease the burden of affected Sarawakians, particularly those in Miri, Limbang and Lawas, leaving concrete proposals up to the federal government.

Earlier this year in a letter to the Brunei government, Deputy Chief Minister Datuk Amar Awang Tengah Ali Hasan requested in a letter the postponement of the implementation, which was postponed until October 1. [Borneo Post] [Borneo Bulletin]

ASEAN states commit to more military cooperation 

(jn) The 17th ASEAN Chiefs of Defense Forces Meeting (ACDFM-17) was held virtually on September 24th with participants pledging to boost military cooperation, to build trust and enhance solidarity among the member states’ armed forces.

At the meeting themed “Military Cooperation for a Cohesive and Responsive ASEAN,” the participants agreed that the joint efforts will help the organization to keep peace and stability in the region, and that the region is facing traditional and non-traditional challenges namely cyber security, terrorism, transnational crime, climate change, and diseases. [Hanoi Times]

Asian financial leaders agree to make ‘all policy efforts’ to fight pandemic

(jn) Financial leaders from China, Japan, South Korea and Southeast Asia vowed on Friday to redouble their efforts to help the region recover economically from the coronavirus and to defend a multilateral system of trade and investment. In a joint statement they vowed to “remain vigilant to the continued downside risks [and to take] steps to reduce vulnerabilities to these risks and […] to continue to use all available policy tools to support the sustained recovery.” They also said they remain committed “to uphold an open and rule-based multilateral trade and investment system, and strengthen regional integration and cooperation.”

The statement followed the annual meetings of finance ministers and central bank governors from China, Japan, South Korea and the 10-member ASEAN. The meetings were held via teleconference on the sidelines of the annual gathering of the Asian Development Bank (ADB). [Reuters]

ASEAN foreign minister meeting held virtually with focus on South China Sea Dispute, pandemic and Rohingya crisis

(jn/nd) ASEAN’s foreign ministers conducted their annual summit by video on Wednesday to discuss how to overcome the immense challenges presented by the pandemic, rising tensions by the US-China rivalry in the South China Sea dispute while also touching on the continuing plight of the Rohingya refugees. The ministers were also scheduled to meet Asian and Western counterparts, like China and the US. The talks kicked off a four-day string of ASEAN meetings that were delayed by a month and were now held online to avoid COVID-19 exposure. Vietnam hosted the talks as this year’s chairman of the group. 

Vietnam’s Prime Minister Nguyen Xuan Phuc opened the conference with a speech pointing out the repercussions of the pandemic on people and businesses while also acknowledging the “growing volatilities that endanger peace and stability” in the South China Sea, all of which required regional solidarity. Indonesia’s foreign minister Retno Marsudi addressed US and China representatives to not trap Indonesia in a regional struggle between the two. [Jakarta Post] Tensions between the two powers rose recently, not only with respect to trade and sanctions but because of the status of the South China Sea. Having become not only one of the world’s busiest commercial waterways, these waters are also subject to various territorial claims with Chinese military maneuvers establishing facts on the ground. [See also AiR No. 35, September/2020, 1]

China accused the US of becoming “the biggest driver of militarization” in the resource-rich waters. [Manila Times] This year, the US intensified “freedom of navigation” operations in South China Sea, including bringing two aircraft carriers into the region for the first time since 2014 and lifting submarine deployments and surveillance flights.

In fact, Marsudi referenced a joint statement given last month by all 10 ASEAN foreign ministers, showing they are united in their focus on peace and not taking sides as China-US relations are deteriorating. The latter fact was earlier emphasized by Singapore’s Prime Minister Lee Hsien Loong. He was promoting an inclusive regional structure, with important regional powers such as Japan and India on the rise, and emphasized the importance of strong ASEAN cooperation, despite inward looking tendencies of the member countries. Because of its own claims and ethnic involvement, China was not able to fulfill the security role of the US. Still, the Belt and Road Initiative, he stressed, if carried out with financial prudence, is a step towards needed multilateral cooperation and to develop connectivity and infrastructure, which was neglected before. [Foreign Affairs]

In another virtual meeting on Thursday, US Secretary of State Mike Pompeo urged ASEAN leaders to reconsider deals with Chinese companies that have been blacklisted by the US for building island outposts which he said Beijing was using to “bully” rival claimants in the disputed South China Sea. [South China Morning Post] The Philippines referred to their need of Chinese investments, despite the two nation’s dispute over one of the region’s richest fishing grounds, Scarborough Shoal. [Manila Standard]

In their communiqué, the ministers reaffirmed the importance of maintaining and promoting peace, security and freedom of navigation in, and overflight above, the South China Sea and underscored the need for giving effect to the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC). They also commended the progress in negotiations with China on an effective and substantive Code of Conduct in the South China Sea (COC) consistent with international law, including the 1982 UNCLOS. First COC talks occurred in 2002 but have so long been without a result. [Hanoi Times] The text also mentions the concerns by some ministers on land reclamations, activities and serious incidents in the South China Sea which, it states, have eroded trust, increased tensions, and may undermine peace and security in the region. [AP] [Al Jazeera] [ASEAN FM Communiqué] [Bangkok Post] [Nikkei Asian Review] [The Diplomat]

Another key project was establishing a COVID-19 response fund to help ASEAN member states buy medical supplies and protective suits. A regional stockpile of medical supplies has also been approved, and a study to be financed by Japan will research the possibility of establishing an ASEAN center on public health emergencies. The communiqué also calls for “enhanced collaboration and sharing of experience with ASEAN’s partners in research, development, production, and distribution of vaccines, providing access to medicines for COVID-19 and other diseases in future public health emergencies, and making them available and affordable to all as global public goods.”

Referring to diminished regional movement and trade due to the pandemic, the statement also noted that members encouraged “the maintenance of necessary interconnectedness in the region” by facilitating a resumption in the cross-border movement of people.

ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. During the last meeting, ASEAN reached a consensus agreement with four more states, France, Italy, Cuba and Colombia. [VN Express]

Brunei: New Armed Forces Commander 

(nd) After his appointment, the new Commander of the Royal Brunei Armed Forces – a usually an officer with the rank of a Major General – has been received with his predecessor at a royal audience attended also by the Crown Prince and Senior Minister at the Prime Minister’s Office. The 460.000 country’s forces have 10.000 active troops. [Borneo Bulletin]

Brunei: Missile successfully fired at RIMPAC 2020 exercise

(nd) The Royal Brunei Navy’s (RBN) vessel Kapal Diraja Brunei (KDB) Darulehsan successfully participated in this year’s Rim of the Pacific Exercise (RIMPAC), launching a missile in the Live Firing Event ‘Sinking Exercise’ (SINKEX) serial. The vessel has now achieved full operational capability. [Borneo Bulletin]

Hosted by the United States Navy, RIMPAC is the world’s largest international maritime exercise held biennially in Honolulu, Hawai’I, the latest bringing 20 ships and 10 nations together. Its goal is to exemplify defense or military diplomacy, which means the cooperative use of military in peacetime, building trust and preventing conflicts through creating stability. RIMPAC was first held in 1971 with participants from the US, Canada, UK, Australia and New Zealand. Other regular participants are Indonesia, Japan, Malaysia, Singapore, South Korea, Thailand, Chile, Colombia, Peru, France and the Netherlands. Observer nations — which are involved in RIMPAC at the strategic level and use the opportunity to prepare for possible full participation in the future — include China, India, the Philippines, Ecuador Mexico, and Russia. Critics said the focus of the maneuvers to be more on depicting the defense potential rather than to function on a diplomatic level. [Washington Post]

​

Malaysia wants no more Rohingya refugees – APHR calls ASEAN’s limited help shameful

(cm/ls) Malaysia’s Prime Minister Muhyiddin Yassin has said that Malaysia did not have the resources and capacity to allow further Rohingya refugees be admitted to the country. Malaysia implemented strict border control since April when an influx of Rohingya refugees attempted to enter. Many of the refugees have been detained. Muhyiddin urged “the UN Refugee Agency to speed up the resettlement of Rohingya in Malaysia to third countries” as there are more than 100,000 refugees currently in Malaysia. [Bangkok Post] [South China Morning Post] [Air No. 23, June/2020, 2]

Meanwhile, Indonesian fishermen have rescued nearly 100 Rohingya refugees, including 79 women and children, in Aceh province. Officials said they planned to push them back out to sea with a new boat, gas and food, but these plans have not been realized following protests from the local fishermen. [Reuters]

The chairman of ASEAN Parliamentarians for Human Rights (APHR), Charles Santiago, called the ASEAN response to the refugee crisis “totally shameful”. The Asia Pacific Refugee Rights Network said the crisis was exacerbated by the pandemic due to travel restrictions and the closure of borders across the region. [Jakarta Post]

Philippine President Duterte calls ASEAN not to escalate South China Sea dispute

(mp) Echoing ASEAN’s general stance on the South China Sea (see above), also Philippine President Rodrigo Duterte called the parties involved in the conflict to exercise self-restraint and respect the rule of law to avoid “escalating tension.” He stressed that the conflict needed to be solved peacefully and in accordance with international law, including the UN Convention on the Law of the Sea. Duterte, the country coordinator for ASEAN-China dialogues, demanded to work with China closely and to achieve an early conclusion with the other member states to reduce the tensions in the region that have continuously risen. [Inquirer]

At summit, ASEAN leaders stress importance of international law for South China Sea dispute 

(jn) Leaders of the members of the Association of South East Asian Nations (ASEAN) on Friday emphasized the importance of maintaining and promoting “freedom of navigation and overflight” above the South China Sea. The passage in their vision statement is seen as a response to reports of China planning to establish an air defense identification zone (ADIZ), something the country has also not ruled out publicly. The prospect of an ADIZ was not only decried by ASEAN members, but also the US military in the region.

ASEAN members explicitly stressed “the importance of non-militarization and self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability, and avoid actions that may further complicate the situation.” They also agreed to work on “an effective and substantive Code of Conduct” for the South China Sea, a framework that would go further than the 2002 Declaration of Conduct that the ASEAN once agreed on with China.

On Saturday, another ASEAN statement authored by chairing member Vietnam pointed out that the 1982 UN Convention on the Law of the Sea (UNCLOS) should be “the basis for determining maritime entitlements, sovereign rights, jurisdiction and legitimate interests over maritime zones” in the South China Sea. Such remarks can be seen as a strong repudiation to China’s controversial historical claim to most of the disputed waters, and it is no coincidence that Vietnam as one of the most vocal critics of China’s encroachment was the drafter. As a sign of increasing geopolitical tensions, Chinese vessels harassed Vietnamese fishing boats this month and in April, and in the earlier case sunk one of them [AiR No. 24, June/2020, 3] [AiR No. 14, April/2020, 1].

The UNCLOS defines certain water areas as exclusive economic zones (EEZ) where coastal states are given the exclusive right to explore and use marine resources. The leaders said in the statement that the “UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out”. 

There was no immediate response from China, but according to AP, Southeast Asian diplomats said that the statement marked a significant strengthening of ASEAN’s assertion of the rule of law in the region. In 2016, the Permanent Court or Arbitration in The Hague had ruled that China’s vast claims in the South China Sea had no legal basis. However, Beijing did not recognize the ruling. 

For a number of different interpretations and evaluation of the ruling see [ISEAS]. Among them is a piece of Clive Schofield who refers to China’s refection of the ruling to point to the fact of “fundamentally opposed, overlapping and contested spatial visions of maritime rights in the SCS” which “sets the scene for ongoing maritime incidents and disputes” with China not giving up its claims of historic rights.  

The ASEAN leaders also dedicated themselves to tackling the economic collateral damage wreaked by the Covid-19 pandemic by establishing a regional pandemic fund, building medical supply stockpiles and reasserting the need for open trade links.  

The vision statement reaffirmed the importance of implementing free trade agreements and comprehensive economic partnerships between ASEAN and key economies. It mentioned India as a major trading partner (alongside China, Japan, South Korea, Australia, New Zealand, and Hong Kong), although PM Narendra Modi had said last year that India would withdraw from the negotiations to sign up for the 16-nation Regional Comprehensive Economic Partnership trade pact [see also AiR No.45, November/2019, 1]. 

The 36th ASEAN Summit themed “Cohesive And Responsive ASEAN: Rising Above Challenges And Sustaining Growth” was convened as a video conference on June 26 under the chair of Vietnamese Prime Minister Nguyen Xuan Phuc. [The Guardian] [South China Morning Post] [South China Morning Post 2] [Radio Free Asia] [Asia Nikkei Review]

INTERPOL crackdown on terrorist routes in Southeast Asia

(jk) An INTERPOL-led operation from mid-February to mid-March involving law enforcement from Brunei, Indonesia, Malaysia and the Philippines led to the arrest of over 180 individuals, allegedly involved in human trafficking and terrorism. The operation took place along known common routes used by terrorist and organized crime groups in the border area of the involved countries, for example the Sulu and Celebes Seas, which have repeatedly been the focus of terrorist for kidnappings and human trafficking. Law enforcement was able to rescue a number of human trafficking victims and seized illegal firearms and explosives. [INTERPOL]

Human rights groups criticise East Asia Summit for not including human rights issues

(jk) Rights groups criticised the state of human rights protection in Southeast Asia in particular over the weekend as they pointed out that the big summits, such as the East Asia Summit, do not include official discussions or statements on the deteriorating human rights situation in the region.

Human rights watch and other organisation expressed grave concern over the fact the Rohingya crisis, the war on drugs in the Philippines, the punishment of the LGBT community or enforced disappearances of activists were largely ignored throughout the summit. [Bangkok Post]

The Rohingya refugee crisis, although not in these terms, was mentioned at length in the final statement of the 35th ASEAN Summit however. ASEAN leaders noted their desire to facilitate the safe, secure and dignified return displaced persons currently in Bangladesh to

Rakhine State from which they fled. [Chairman’s Statement Of The 35th ASEAN Summit] At the same time, they commended the work of AICHR, the ASEAN Intergovernmental Commission on Human Rights [for background on AICHR, see this article in CPG’s COM Online Magazine 4/2019]

RCEP: 15 countries (RCEP minus India) declare they have agreed and will sign in 2020

(jk) During the Regional Comprehensive Economic Partnership (RCEP) summit in Bangkok on Monday, 15 countries (The ASEAN-ten, Korea, China, Japan, Australia and New Zealand) agreed to all 20 chapters of the RCEP and stated that they were “willing to sign” the deal in 2020.

All participating countries agreed to make efforts to resolve the remaining issues surrounding India’s concerns, so it too, can participate. [The Korea Herald]

Despite the positive spin on this development, it will remain a disappointment that RCEP could not be completed and signed by the end of this year as it was initially (if very optimistically) stated.

This disappointing if not entirely unexpected outcome was underscored by the US decision to downgrade US representation at the East Asia Summit, also held in Bangkok this past weekend. It was the first time since the EAS was established in 2005, that a country at the summit was represented by an official below the rank of foreign minister. Instead the US sent the new National Security Advisor, Robert O’Brien, as the Special Envoy to the upcoming EAS and the US-ASEAN Summit. [ISEAS Commentary]

News summary

Criminalization of gay sex in Brunei and Singapore in the spotlight

(ls) Brunei’s Sultan Hassanal Bolkiah has returned an honorary degree awarded by Oxford University after a global backlash for introducing the death penalty for gay sex and adultery. Nearly 120,000 people had signed a petition by April calling on the university to rescind the honorary law degree awarded in 1993 to the sultan. [Reuters]

In a separate development, Li Huanwu, a grandson of Singapore’s late founding father Lee Kuan Yew, revealed on Friday he had married his boyfriend in South Africa. Sex between men remains illegal in Singapore under Section 377A of the Penal Code. [South China Morning Post] In a 2011 interview, the late Lee Kuan Yew said about homosexual couples, “They are born that way and that’s that. So if two men or two women are that way, just leave them alone.” [YouTube]

Brunei: China hopes to set an example for cooperation

(jk) According to the [Voice of Asia] news outlet, China has invested over $4 billion in Brunei, one of the ASEAN states that is at the same time a claimant state in the South China Sea.

During a meeting last month, the Chinese president met Brunei’s Sultan in Brunei, where they talked about going ahead with joint oil and gas explorations – within the exclusive economic zone of Brunei, in an area claimed by China. Whether or not the joint exploration is to go ahead remains to be seen, similarly to the headline-grabbing MoU that was signed with the Philippines recently. China may fancy its chances with Brunei more however, as significantly less pushback can be expected from a domestically more tightly run country.

Should the joint exploration go ahead, China may hope to set a precedent for other claimant states to follow. The details of the potential joint activities are yet to be worked out. It will be contentious for example whose laws apply to the exploration project. China’s, which claims to have sovereignty over the waters, or Brunei’s within whose jurisdiction the project would technically take place. Other states in the region will look closely and take note.

China: Xi Jinping demands war preparedness of Southern Theatre Command following first joint China-ASEAN maritime exercises

(dql/jk) During his visit to the Southern Theatre Command which is in charge for the South China Sea and Taiwan, President Xi Jinping in a speech urged the Command to “strengthen its mission … and to concentrate all energies to advance the work on preparing for war.” The Command “must take all complex situations into consideration and perfectionalize all contingency plans”. [Xinhua, in Chinese][South China Morning Post]

Xi‘s speech came shortly after China and ASEAN states held their first joint maritime exercises last week in an effort to ease regional tensions linked to rival claims in the South China Sea. While Cambodia, Indonesia, Malaysia, and Myanmar sent observers, Singapore – the co-organiser of the event-, Thailand, Vietnam, the Philippines and Brunei deployed ships to participate in the exercises. 

Eight warships with 1,200 military personnel set sail from China’s southern Guangdong province. A focus of the ongoing drill is maritime safety, as well as search and rescue operations featuring the Code for Unplanned Encounters at Sea (CUES). [ATimes]

In addition to the maritime drill off China, armed forces from the PLA, Malaysia and Thailand were also conducting a 10-day drill in areas off Port Dickson in Malaysia. The exercises are an extension of the annual joint exercises between China and Malaysia that began in 2014. [The Nation]

Brunei: PRC writing checks and advancing its interests

(jk) The Sultanate of Brunei sits on finite reserves of oil and gas which have long guaranteed the countries well-being. Prices for oil have been low however and resources become scarcer making Brunei feel the squeeze and realising its over-reliance on the energy sector. Despite HSBC and others banks closing down their business in Brunei recently [The Scoop], the Bank of China (BOC) has opened up shop there in 2016 with an eye on facilitating foreign direct investment from China. Brunei has a neglectable domestic market and with dwindling resources has become less attractive to HSBC and other international actors. Clearly, China is happy to fill the void and engage in more “check book diplomacy”, which Brunei undoubtedly is happy about. For China, Brunei is a strategically important country in its OBOR project, as well as a claimant in the South China Sea which the PRC would like to convince to engage in joint-development programmes to its on liking. Surely, writing checks will make the Sultan more agreeable [Asia Times].

Brunei: The reasons behind the latest cabinet reshuffle

(lh) After the replacement of six prominent ministers by the Sultan of Brunei at the end of January, the cabinet reshuffle indicates a crackdown on high-level corruption. The fact that the new Deputy Minister is the former director of the Anti-Corruption Bureau together and that the Sultan after the reshuffle reinforced the importance of ministers being integer, avoiding corruption, has been the background of this unforeseen shakeup. [ASEAN Today]

Security in Southeast Asia: Increased cooperation since Marawi

(ls) After years of lukewarm security cooperation between Southeast countries, last year’s five-month siege of Marawi by Islamic State-aligned militants proved to be a game-changer, argues Michael Hart in the Asian Correspondent. Indonesia, Malaysia and the Philippines began conducting naval patrols to restrict the movement of jihadist fighters to-and-from Mindanao. These measures were later bolstered by the addition of coordinated air patrols to spot suspicious activity from the skies. In mid-November last year, the Southeast Asian Counter-Terrorism Financing Working Group (SACTFWG) was established, and last month, Brunei, Indonesia, Malaysia, the Philippines, Singapore and Thailand signed up to a new intelligence-sharing pact labelled the “Our Eyes” initiative. [Asian Correspondent]

Six ASEAN countries form “Our Eyes” intelligence network

(ls) Six Southeast Asian nations launched an intelligence pact on Thursday aimed at combating Islamist militants and improving cooperation on security threats, overcoming what analysts described as a high level of distrust. Indonesia, Malaysia, the Philippines, Singapore, Thailand and Brunei – all members of the Association of Southeast Asian Nations – have signed up to the “Our Eyes” pact according to which senior defence officials will meet every two weeks to swap information on militant groups and develop a common database of violent extremists. [South China Morning Post]

Brunei: Will it become ASEAN’s Greece?

Joelyn Chan describes how energy-rich Brunei struggles with dwindling profits, territorial disputes in the sea and output limits imposed by OPEC. She projects that the extravagant spending habits of Bruneians coupled with the nation’s depleting oil situation might accelerate the nation’s fall. However, she also argues that if Brunei succeeds in diversifying its economy, the country may be able to avoid a fate like Greece’s in Europe [ASEAN Today].

ASEAN: The new Secretary-General

Dato Paduka Lim Jock Hoi, a top trade official and diplomat from Brunei Darussalam, has assumed office as the new Secretary-General of the Association of Southeast Asian Nations (ASEAN) on Monday. Lim is the 14th ASEAN Secretary-General succeeding Secretary-General Le Luong Minh from Vietnam who completed his five-year term on Dec. 31, 2018 (Manila Bulletin). For more information about Mr. Lim, the ASEAN website provides a portrait of him [ASEAN Website].

Asia’s Maritime Order

The Philippines will begin important upgrades to its primary outpost in the disputed Spratly group in the South China Sea. The Armed Forces of the Philippines’ Modernization Program will finance the paving of an airstrip on the largest Philippine holding in the Spratly group, where China, Vietnam, Malaysia, Brunei, and Taiwan also have claims (The Diplomat). Regarding the exploration of oil and gas resources within disputed areas, China reemphasized its commitment to a lifting of a moratorium and a joint commercial development of the petroleum blocks (Manila Bulletin). At the same time, Philippine President Rodrigo Duterte voiced rare praise for the United States, calling it an important security ally, and dismissing historic grievances and his slew of past tirades against Washington as “water under the bridge” (South China Morning Post). Australia, in the meanwhile, needs to shift the focus of military presence from the Middle East to Southeast Asia and the Western Pacific, if it wants to succeed in coping with emerging security challenges in Asia-Pacific and protect its direct strategic interests (The Australian).