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On April 18, the US Navy Ticonderoga-class guided missile cruiser USS Bunker Hill (front) and Arleigh-Burke class guided-missile destroyer USS Barry transit the South China Sea. The presence of both Chinese and American navy ships in the area in recent weeks worries Southeast Asian nations. Photo: US Navy

Delayed South China Sea talks expose China’s complex relationship with neighbours during pandemic

  • Nations may need help from China during virus outbreaks but remain wary of Beijing as adversary in disputed waters
  • Analysts say code of conduct negotiations are too sensitive and important for virtual meetings and may be delayed until coronavirus crisis is resolved
Negotiations between China and its Southeast Asian neighbours for a South China Sea code of conduct have been postponed as the nations involved put their efforts into containing the Covid-19 pandemic, creating uncertainty about whether the two sides can work together amid rising tensions in the contested territory.
Southeast Asian nations are increasingly caught in a dilemma whether to maintain relations with Beijing during the pandemic while also fearing that tensions over the disputed waters are spiralling out of control. Both Chinese and United States navies are sending vessels to the area more frequently.

Indonesian Foreign Minister Retno Marsudi expressed concern over recent activities in the South China Sea, noting that they might potentially escalate tensions at a time when global collective effort to fight Covid-19 was essential.

Speaking on Wednesday, she called on all parties to respect international law, particularly the United Nations Convention on the Law of the Sea.

“While negotiation of the code of conduct is being postponed due to Covid-19, Indonesia calls on all relevant parties to exercise self-restraint and to refrain from undertaking action that may erode mutual trust and potentially escalate tension in the region,” she said.

Indonesia's Foreign Minister Retno Marsudi. Photo: AP
Calls for a binding code of conduct surfaced in 1995 when China occupied Mischief Reef, a maritime feature claimed by the Philippines. China did not agree to start talks until 1999, and subsequent negotiations led to a non-binding Declaration on Conduct in 2002.
The Association of Southeast Asian Nations (Asean) and China agreed in 2018 on a draft code laying the foundations for conduct in the disputed waters. At that time, Chinese Premier Li Keqiang said China hoped to complete the negotiation by the end of 2021, a move he said could show China and Asean could jointly maintain regional peace.

But tensions over the South China Sea have not calmed and, in fact, have surged in recent months with both Beijing and Washington seen to be using the Covid-19 pandemic to create a stronger presence there.

This year, the US has conducted four freedom of navigation operations in the South China Sea and China has scrambled air and sea patrols to expel US vessels.

The confrontation between Beijing and Southeast Asian nations has also intensified. Last month, a Vietnamese fishing boat sank after a collision with a Chinese coastguard vessel near the Paracel Islands, known in China as the Xisha Islands, and in Vietnam as the Hoang Sa Islands.
On Saturday, the 35th escort fleet of the Chinese navy also conducted drills in the Spratly Islands chain – known as Nansha Islands in China – after completing an operation in the Gulf of Aden, off Somalia. Analysts said the drill aimed to boost far-sea training for combat ships and boost protection against piracy for Chinese merchant ships.

Collin Koh, a research fellow at the S. Rajaratnam School of International Studies, based at Nanyang Technological University in Singapore, said the code of conduct talks had been delayed because of the pandemic, but Beijing was consolidating its position in the South China Sea amid the outbreak.

“So it’s doing what it can now to consolidate and further enhance its position before talks restart, and by then these moves will raise Beijing’s leverage in the negotiations with its Asean counterparts,” he said.

“The current situation gives it a window of opportunity amid this interlude on the [code of conduct] talks, to further advance its physical hold in the South China Sea, especially while Asean parties have their hands full on the pandemic”.

Asean nations have turned their attention to coping with coronavirus outbreaks in their own countries. On April 14, a live video conference for the special Asean Plus Three Summit on the coronavirus pandemic was held in Hanoi. Photo: AFP

Kang Lin, a researcher with Hainan University, said progress for the code of conduct would still go ahead, but it might be affected as face-to-face meetings between officials were disrupted.

“The negotiations involves multiple departments, such as diplomacy, maritime affairs, fisheries and even oil and gas-related departments,” he said, adding that those discussions might go online and might not be as effective.

“It is not easy to predict to what extent it will affect next year's goals. If the pandemic cannot be eliminated in the first half of next year, it may be longer than the three-year period we had previously scheduled,” he said.

Richard Heydarian, an academic and former Philippine government adviser, said video-conference meetings would be inadequate for negotiations about the future of the South China Sea.

“The problem with the negotiation of the code is that these are very sensitive, difficult negotiations. I don't think you can really do it just online, these are things that are done in the corridors of power,” he said. “It’s close to impossible to have that right now with the suspension of all international meetings in the Asean.”

Heydarian said Southeast Asian nations hoped to get help from China to contain the pandemic, but were showing unease about Beijing.

“I think there is a lot of resentment building against China,” he said. “There is also a lot of desperation to get assistance from China and, at the same time, complete helplessness with the fact that it is very hard to conduct any important extended international meeting on the level of Asean and beyond under current circumstances.”

Chinese Foreign Ministry spokesman Hua Chunying said on Thursday that China would push forward negotiations on the code of conduct, and hoped the code would be useful for peace and stability over the South China Sea.

Additional reporting by Catherine Wong

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