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Maritime Security and Piracy EU-ASIA DIALOGUE Shaping a Common Future for Europe and Asia – Sharing Policy Innovation and Best Practices in Addressing Common Challenges Maritime Security and Piracy Common Challenges and Responses from Europe and Asia Maritime Security and Piracy EU-AsiA DiAlogUE Shaping a Common Future for Europe and Asia – Sharing Policy Innovation and Best Practices in Addressing Common Challenges Maritime Security and Piracy Common Challenges and Responses from Europe and Asia © 2014 Konrad-Adenauer Stiftung and European Union All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying or recording, or in any information storage or retrieval system, without permission from the publisher. Editors: Dr. Wilhelm Hofmeister Patrick Rueppel Konrad-Adenauer Stiftung Ltd. Regional Programme Political Dialogue Asia 36 Bukit Pasoh Road Singapore 089850 Registration Number: 201228783N East Asian Institute 469A Bukit Timah Road Tower Block #06-01 Singapore 259770 European Policy Centre Résidence Palace 155 rue de la Loi B-1040 Brussels / Belgium European Union Centre in Singapore 11 Slim Barracks Rise, #06-01 Executive Centre, NTU@one-north campus Singapore 138664 Design, Layout and Typeset: Select Books Pte Ltd 65A, Jalan Tenteram #02-06, St Michael’s Industrial Estate Singapore 328958 Website: www.selectbooks.com.sg National Library Board, Singapore Cataloguing-in-Publication Data Maritime security and piracy : common challenges and responses from Europe and Asia / edited by Wilhelm Hofmeister and Patrick Rueppel. -- Singapore : Konrad-Adenauer Stiftung : East Asian Institute, National University of Singapore : European Union Centre in Singapore ; Brussels, Belgium : European Policy Centre, 2014. pages cm ISBN : 978-981-07-8102-6 (paperback) 1. Sea control. 2. Piracy. 3. Piracy—Asia. I. Hofmeister, Wilhelm, editor. II. Rueppel, Patrick, editor. V185 359.09 -- dc23 OCN861251180 Printed in Singapore ContentS 7 Preface 11 security Regimes in southeast Asia – Confidence Building and the global Nexus Howard Loewen 23 Maritime security—Perspectives for a Comprehensive Approach Lutz Feldt, Dr. Peter Roell, Ralph Thiele 47 Maritime security and Piracy as Challenges for the EU Hans-Georg Ehrhart 69 good order at sea in southeast Asia Sam Bateman and Jane Chan 87 Maritime security in southeast Asia: interfacing Regional and Extra-Regional stakeholder Hui-Yi Katherine Tseng 107 Maintaining good order at sea in Asia: opportunities and Challenges Tetsuo Kotani 117 Maritime security and Piracy: issues, Responses and Multilateral Cooperation in south Asia Vijay Sakhuja 129 indonesia’s Maritime security: ongoing Problems and strategic implications Shafiah F. Muhibat 143 safe Waters: Malaysia’s Response to Enhancing security in southeast Asia’s Maritime Domain Sumathy Permal Preface Over the past decade, security of the oceans has evolved into one of the key challenges to international security in Asia. While some of the threats to maritime security are not present in Europe geographically and are not as severe as they are in Asia, security of the oceans is of utmost concern to the European Union and the countries in the region. Europe and Asia’s economic development is highly dependent on the security of the sea lanes of communication (SLOC). If the safety and security of the SLOCs cannot be guaran- teed, it will affect intra- and interregional trade and provide pirates as well as terrorists with additional financial resources. The security challenges on the high sea and within the respective exclusive economic zones (EEZ) are highly diverse. They range from piracy in the Strait of Malacca, the Indonesian waters and the Gulf of Aden to armed robbery attacks and hijacking attempts in ports. There are also small standoffs and fights over resources. The current disputes over islands in the South and East China Sea are among the most prominent examples of such threats to maritime security. At the same time, most Asian countries have entered a new era of armament, thus aggravating the existing mistrust in a geographical area lacking regional institutions and mutual confidence. The absence of regional organizations that can function as intermediators and confidence-builders is a key challenge. While such an organization does exist for Southeast Asia in the form of ASEAN, Northeast Asia is lacking an equivalent institution. However, the current tensions in the South China Sea also reveal the different positions among the ASEAN members. Another regional organization in Southeast Asia is the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). While more and more countries from outside the initial geographic area—such as the UK and Australia—have become part of ReCAAP, two major countries from the region are still resistant to joining— Malaysia and Indonesia. Furthermore, the mandate of ReCAAP is strictly limited to piracy. Based on the positive experience with ReCAAP so far, it might be worth considering an expansion of its mandate. In addition, an increase in transnational organized crime at sea can be observed in Asian waters. These include trafficking in human beings, arms smuggling— including weapons of mass destruction—and drug smuggling, all of which posse a threat to good order at sea. These challenges are accompanied by environmental concerns which need to be balanced with economic interests. A rather new area of discussion which is of utmost importance to the Europe-Asia rela- tions is the Arctic Sea. As a consequence of climate change, the ice in parts of the Arctic Sea is decreasing and becoming thinner. This offers new opportunities for the shipping industry, but also obstacles for international cooperation. The advantages include a decrease in travel 7 Maritime Security and Piracy times and distances and the avoidance of pirate attacks in the choke points mentioned above. While this sounds positive from an economic perspective, challenges remain. These include possible issues with the Russian administration, as ships will have to partially use the Russian EEZ, the danger of sudden freezing, the still necessary use of icebreakers and possible tensions between the littoral states over rights and resources. The example of the Norwegian-Russian cooperation shows that agreements are possible, but the long duration of the negotiations and difficulties in reaching an agreement have to be kept in mind. Besides these challenges, there are also problems concerning legal issues and division of competencies. While the United Nations Convention on the Law of the Sea (UNCLOS) has been widely accepted, different countries interpret it in different ways, resulting in a situation where two conflict parties may refer to different parts of UNCLOS to underpin their respec- tive arguments. This is, in particular, the case in the disputes in the South China Sea, where the People’s Republic of China is using the EEZ articles and historical claims to buttress their case, while other countries are referring to the status quo and applicable law. Since the inter- pretations differ, all countries may claim to be following UNCLOS, with some justification. These kinds of definitional questions also apply to the fight against piracy. The discussion on where armed robbery ends and piracy begins results in problems of law enforcement and a clash of competences. This has an influence on whether coast guards (armed robbery) or navies (piracy) are responsible for law enforcement and prosecution. Several countries also have a large number of agencies dealing with particular areas of maritime security, thus rein- forcing the overlapping of competencies. This has been recognized and recent developments in Malaysia and China to centralize the competences and decisions in one agency are good attempts to rectify the situation. As shown, the challenges are diverse and range from practical issues to the interpretation of laws. Despite these problems, all countries in the region know that the security of the SLOCs is in their own national interest as they are blue water economies which are highly dependent on the good performance of the coastal cities. As the conferences and meetings of the EU-Asia Dialogue project have shown, there are good opportunities for closer cooperation between the European Union and the countries in Asia. Collaboration with ASEAN and ReCAAP would clearly be mutual beneficial. While cooperation with ReCAAP will focus mainly on information-sharing and capacity-building, given ReCAAP’s mandate, developments in ASEAN over the past years also offer great pos- sibilities for a partnership. The ASEAN Regional Forum (ARF) on Maritime Security, the ASEAN Maritime Forum (AMF) and Expanded ASEAN Maritime Forum (EAMF) provide such opportunities. The ASEAN Information-Sharing Portal for member states’ navies and ASEAN Defence Ministers’ Meeting-Plus Expert Working Group Maritime Security Field Training Exercise illustrate the growing activities among Southeast Asian countries on this issue. However, cooperation should not be limited to Southeast Asia. General topics for a partnership include confidence-building, capacity-building, information sharing, coopera- tion on the Arctic and, particularly in times of budgetary cuts, joint patrols and exercises. Such cooperation will not be a matter of course, but also faces severe challenges which the 8 Preface countries have to be aware of. These include
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