Tag Archives: UN

Asia-Pacific, South Pacific/Oceania, Strategic Outlook

Forecast 2015: Maritime Challenges in the Indian Ocean

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Guest Post by Vijay Sakhuja

What could be the trend lines for 2015 in the Indian Ocean? A quick survey of events, incidents and trends in the Indian Ocean during 2014 suggests that the region witnessed cooperation, competition and inclusiveness among the littoral states.

Three baskets could be identified: geopolitical, geostrategic and geo-economic, to help forecast trends in 2015. However, a caveat is in order i.e. these baskets can spring a number of surprises, given that ‘prediction is a risky business’.

IORA: Moving from Australia to Indonesia
In the geopolitical domain, the region remained peaceful and pan-Indian Ocean multilateral organizations such as the Indian Ocean Rim Association (IORA) and Indian Ocean Naval Symposium (IONS) were proactive and provided the platform and leadership to address issues of common interest among the partner states. The Perth Communiqué released in September 2014 reinforced the Association’s commitment to ‘building a more stable, secure and prosperous Indian Ocean region’ and promote the IORA’s six priority areas of cooperation. The regional navies met under the IONS banner and addressed a number of common security issues confronting the region.

Later in 2015, the IORA baton will pass from Australia to Indonesia who would continue to carry the great work done by the earlier Chair – India. The new government in Jakarta led by President Joko Widodo has endorsed the importance of maritime matters through the establishment of a new Coordinating Ministry for Maritime Affairs and announced the doctrine of ‘global maritime axis’ (poros maritim dunia). In addition, South Africa, the next Vice Chair of IORA, will prepare to take the leadership role in 2017. These provide ‘continuity and purpose’ to the IORA.

China and the Maritime Silk Road: Increasing footprints in the Indian Ocean
China would continue to make attractive offers to Indian Ocean states and seek support for the MSR. Its forays in the Indian Ocean can potentially sharpen difference between China and India and may even lead to these powers becoming more assertive.

During 2014, the Indian Ocean geostrategic environment, though peaceful, was a bit tenuous. The presence of Chinese submarines in the Indian Ocean created unease in New Delhi. Though predicted, it surprised the Indian strategic community and the Indian Navy is beefing up capabilities to respond to the Chinese forays in the Indian Ocean.

India was also ruffled by the Chinese Maritime Silk Road (MSR) initiative and its growing popularity among a number of Indian Ocean states particularly Bangladesh, Sri Lanka and Maldives. New Delhi believes that the MSR can potentially help China consolidate its naval / maritime strategy of access and basing in the Indian Ocean in support of PLA Navy’s future operations.

Continuing US Anchor
The US will continue to be the strategic anchor and security provider in the Indian Ocean and its role welcomed by the regional countries to ‘correct security imbalances, challenge the hegemony of any dominant power and ensure regional stability’.

Likewise, the UK decision to permanently position a number of power projection platforms  in the Persian Gulf prompted New Delhi to recall the idea of  Indian Ocean ‘Zone of Peace’ and withdrawal of extra regional naval powers from the Indian Ocean.

2015: End of Piracy, Attractiveness of Drug smuggling and Re-emergence of Maritime Terrorism in the Indian Ocean
One of the important positive developments in the Indian Ocean was the near total suppression of piracy in the Gulf of Aden / Somali coast. It took eight years for the naval forces from nearly two dozen countries including a number of UN Security Council resolutions, to send pirates back home.

However, another ugly face of illegal activities at sea i.e. drug smuggling appears to have caught the attention of the Indian Ocean countries. During 2014, the multinational forces operating in the Indian Ocean intercepted a number of dhows/boats carrying narcotics from South Asia bound for destinations in East Africa. Perhaps what is more disturbing is that east coast of Africa emerged popular among drug smugglers from Colombia. Kenyan President Kenyatta’s initiative to oversee the destruction of a vessel carrying about 370 Kilograms of heroin worth US $ 11.4 million in international market exhibited Indian Ocean countries resolve to counter global trade in narcotics.

The rise of the Al Qaeda in the Indian Subcontinent (AQIS), the new wing of the Al Qaeda, has already raised a new threat whether Pakistan will become a haven for maritime terrorism.

Will 2015 see the idea of “Blue Economy” leaping forward?
The geo-economic environment in the Indian Ocean witnessed the emergence of a new concept ‘Blue Economy’ led by Seychelles and Mauritius. The idea is resonating among a number of Indian Ocean littorals including Australia, Indonesia, Bangladesh, South Africa to name a few. The leaders are committed to the sustainable development of living and non-living marine resources to enhance food and energy security.

Will 2015 ensure better Search and Rescue Coordination?
Perhaps the most traumatic and heartrending events in 2014 were the tragic loss of Malaysian Airlines flight MH 370 in the southern Indian Ocean, which still remains a mystery, and the more recent loss of Air Asia flight QZ 8501 in the Java Sea. These were stark reminders of the need to develop robust search and rescue (SAR) mechanism in the Indian Ocean. Yet, these incidents exhibited the Indian Ocean countries’ commitment to provide ‘public goods at sea’ and a number of navies deployed their navies for SAR.

Dr Vijay Sakhuja is the Director, National Maritime Foundation, New Delhi. The views expressed are those of the author and do not reflect the official policy or position of the National Maritime Foundation. He can be reached at [email protected].

This article is courtesy Institute of Peace and Conflict Studies (IPCS), New Delhi and originally appeared at http://www.ipcs.org/article/china/ipcs-forecast-the-indian-ocean-in-2015-4797.html It is a precis of the larger document of the same name, that is part of the IPCS’s ‘Forecast 2015’ series. Click here to read the full report.

Asia-Pacific, Global Analysis, Territorial and Law of the Sea Disputes

China’s Nine-Dashed Line Faces Renewed Assault

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By Scott Cheney-Peters

China’s ambiguous claim to the South China Sea, approximately demarcated by a series of hash marks known as the “nine-dashed line,” faced objections from an expanding number of parties over the past two weeks. While a challenge from the United States came from an unsurprising source, actions by Indonesia and Vietnam were unexpected in their tone and timing.

8-e48b8c470eOn December 5th, the U.S. State Department released its analysis of the compatibility of China’s nine-dashed line with international law. The report attempted to set aside the issue of sovereignty and explore “several possible interpretations of the dashed-line claim and the extent to which those interpretations are consistent with the international law of the sea.” The analysis found that as a demarcation of claims to land features within the line and their conferred maritime territory, the least expansive interpretation, the claim is consistent with international law but reiterated that ultimate sovereignty is subject to resolution with the other claimants.

As a national boundary, the report went on, the line “would not have a proper legal basis under the law of the sea,” due to its unilateral nature and its inconsistent distance from land features that could confer maritime territory. Alternately, although many commentators have indicated China bases its claims on “historic” rights pre-dating the UN Convention on the Law of the Sea (UNCLOS) of 1982, the report argued that the history China points to does not fit the narrow “category of historic claims recognized” in UNCLOS under which historic rights may be conferred. Lastly, the report noted that as China has filed no formal claim supporting its nine-dashed line, the ambiguity over the exact nature and location of the line itself undermines under international law China’s argument that it possesses maritime rights to the circumscribed waters, concluding:

“For these reasons, unless China clarifies that the dashed-line claim reflects only a claim to islands within that line and any maritime zones that are generated from those land features in accordance with the international law of the sea, as reflected in the LOS Convention, its dashed-line claim does not accord with the international law of the sea.”

Although such analysis reflects prior U.S. policy positions, less expected were the pointed signals from Indonesia, which has built a reputation as a mediator among ASEAN states in dealing with China and striven to downplay the overlap by the nine-dashed line of its own claimed exclusive economic zone in the South China Sea from Natuna Island. On Tuesday at the think tank Center for Strategic and International Studies (CSIS) in Washington, senior Indonesian presidential advisor Luhut Binsar Panjaitan emphasized that the country was “very firm” that its “sovereignty cannot be negotiated,” while stressing the importance of dialogue to peacefully manage matters. Further, in response to a question from an audience member, Panjaitan stated (56:00 mark in the video below) that the development of gas fields offshore Natuna in cooperation with Chevron would “give a signal to China, ‘you cannot play a game here because of the presence of the U.S.’” Meanwhile Indonesian Maritime Affairs and Fisheries Minister Susi Pudjiastuti noted that after sinking Vietnamese vessels the Indonesian Navy said it had captured illegally fishing she was considering sinking 5 Thai and 22 Chinese vessels also caught.

As Prashanth Parameswaran notes at The Diplomat, Indonesia is playing a balancing act – seeking at the same time to protect its sovereign interests as it attempts to align new president Joko Widodo (Jokowi)’s “Maritime Axis”/“Maritime Fulcrum” initiative with Xi Jinping’s “Maritime Silk Road” and play a leading role in China’s Asian Infrastructure Investment Bank. To some observers, sinking the Thai and Chinese boats is now necessary to preserve Indonesia’s image of impartiality, while others believe such action may be redundant if China heeds the warning that such behavior will no longer be tolerated.

Vietnam too took surprise action over the nine-dashed line, in a move long-mooted but unexpected in its timing. Vietnam’s foreign ministry announced last week that it had filed papers with the Hague arbitral tribunal overseeing the case submitted by the Philippines, asking that its rights and interests be considered in the ruling. Vietnam supported the Philippines position arguing that China’s nine-dashed line is “without legal basis.” While a regional source in The South China Morning Post noted that the action was as much about protecting “Vietnamese interests vis-à-vis the Philippines as it is directed against China,” and Professor Carlyle Thayer described it as “a cheap way of getting into the back door without joining the Philippines’ case,” Thayer also told Bloomberg News that it “raises the stature of the case in the eyes of the arbitrational tribunal.”

China-Vietnam-RigIf the actions taken by the United States, Indonesia, and Vietnam were surprising, China’s reactions were not. On December 7th, China’s Ministry of Foreign Affairs released a white paper of its own on the Philippines’ arbitration case. The document states that China’s policy, as established in its 2006 statement on UNCLOS ratification, is to exclude maritime delimitation from compulsory arbitration. Additionally, the paper says that while the current arbitration is ostensibly about the compatibility of China’s nine-dashed line with international law, “the essence of the subject-matter” deals with a mater of maritime delimitation and territorial sovereignty. The paper goes on to say that until the matter of sovereignty of the land features in the South China Sea is conclusively settled it is impossible to determine the extent to which China’s claims exceed international law.

In effect, China is taking the position that only after it has conducted and conclude bilateral sovereignty negotiations will its nine-dashed line be open to critique. While the foreign ministry may be right that the Philippines is attempting to force the issue of territorial sovereignty, its argument that this prevents scrutiny of the nine-dashed line’s accordance with international law rings hollow.

At the end of the day, China has repeatedly stated, and its new policy paper affirms, that it will “neither accept nor participate in the arbitration” initiated by the Philippines. Chinese Foreign Ministry Spokesman Hong Lei likewise remarked of Vietnam’s filing with the tribunal that “China will never accept such a claim.” So it is prudent to ask what benefit will come of the legal maneuvers. Some, such as Richard Javad Heydarian, a political-science professor at De La Salle University, point to the economic harm already incurred by the Philippines in opportunity costs and the danger of having created a worse domestic and international environment for settling the disputes. Yet given the lengthening list of states willing to stake a legal position on the matter and the moral weight of a potential court ruling, China can claim and attempt to enforce what it wants, but it will be increasingly clear that it is doing so in contravention of international law.

Scott Cheney-Peters is a surface warfare officer in the U.S. Navy Reserve and the former editor of Surface Warfare magazine. He is the founder and president of the Center for International Maritime Security (CIMSEC), a graduate of Georgetown University and the U.S. Naval War College, and a member of the Truman National Security Project’s Defense Council.

Strategic Outlook

Notes From the North: Canada and Russia Bolster their Arctic Ambitions

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With a cold chill blowing through DC, it seems fitting to note several recent Arctic developments.

Canada on Friday submitted a claim to the U.N. Commission on the Limits of the Continental Shelf that argues for an increased maritime share beyond its Exclusive Economic Zone of the (mostly) North Atlantic and Arctic, which would grant it rights to the resources contained therein on the seabed and is based on the nation’s view of the proper demarcation of the undersea continental shelves. Russia and Denmark are both expected to file overlapping claims with the commission.

Claims
Current and expected claims beyond nations’ EEZs.

While Friday was the “official” deadline for Canada, as it was 10 years after the nation signed the U.N. Convention on the Law of the Sea (UNCLOS), officials have said it will submit additional claims. Any such claims could extend to the North Pole once on-going scientific surveys have been completed to back the nation’s position (by treaty no country can claim sovereignty over the North Pole itself). Russia filed in 2001, although it was subsequently been told it needs further scientific backing and officials have stated they face “no real deadline” to finalize their claims, which included the undersea Lomonosov Ridge, running from the East Siberian coast along the North Pole to Canada’s Ellesmere Island, thus creating the potential for conflict if the next set of Canadian claims includes the Lomonosov Ridge. Denmark’s claims, based on its possession of Greenland, are due in 2014, and could likewise overlap with Canada’s. Norway has already had its non-contentious filings validated. The United States, meanwhile as a non-signatory to UNCLOS, is ineligible to submit claims to the Commission but has sought to bilaterally negotiate its claims according to UNCLOS principles, notably with Canada.

For those countries that have submitted, the Commission is expected to take as long as 5 years to process and scientifically validate the filings (actual arbitration is still up to the countries involved), and the the further north the claims, the less they have to do with resource exploitation. As reported by the AP, Michael Byers, “an expert on Arctic and international law at the University of British Columbia” said,

“We’re talking about the center of a large, inhospitable ocean that is in total darkness for three months each year, thousands of miles from any port,” he said. “The water in the North Pole is 12,000 feet (3,650 meters) deep and will always be covered by sea ice in the winter. It’s not a place where anyone is going to be drilling for oil and gas…So it’s not about economic stakes, it’s about domestic politics.” 

As anticipated, Russia, which has spent the year signaling its intent to bolster its Arctic naval forces, responded to Canada’s filings with more of the same. Our comrade at RussianNavyBlog noted on Monday the announcement of the formal incorporation of the Russian Navy’s Arctic Group of Forces in 2014 and basing arrangements and refurbishments:

Russia plants flag at North Pole, no sign of Santa or Buddy the Elf.
Russia plants flag at North Pole in 2007. No sign of Santa or Buddy the Elf.

The BBC says that on Tuesday during a high-level meeting of Russian military leadership Putin commended the reopening of a previously closed high-Arctic airfield and reiterated the need to prioritize the Arctic, with a correspondent emphasizing that “this was one of his most direct orders yet.” The practical implications of the Arctic Group remains to be seen, and armed conflict is unlikely with announcements on both sides, as noted above mostly playing to domestic audiences. On the other hand, projections of increased shipping traffic and commercial activity in the north got a boost from the U.S. Department of Energy and U.S. Navy this week when findings of a joint research project predicted ice-free summers by 2016, decades earlier than most (but not all) conventional models have estimated (see here for the official U.S. Navy timeline to ice-free transit). If true, the rush to solidify coast guard and national security functions near Santa’s Workshop may prove warranted. The Arctic remains a region to keep an eye on.

LT Scott Cheney-Peters is a surface warfare officer in the U.S. Navy Reserve and the former editor of Surface Warfare magazine. He is the founding director of the Center for International Maritime Security and holds a master’s degree in National Security and Strategic Studies from the U.S. Naval War College.

The opinions and views expressed in this post are his alone and are presented in his personal capacity. They do not necessarily represent the views of U.S. Department of Defense or the U.S. Navy. 
Current Operations

Shore-based Counter-Piracy in Peril

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Who will keep the lights on?

Just as independent analysts and pirates themselves attest to the impact the Puntland Marine Police Force is having on piracy in northern Somalia, pushing bosses from their bases and offering a shore-based solution nearly everyone says is needed, Robert Young Pelton of Somalia Report details the program’s backers, the UAE, has suddenly halted funding (h/t James Bridger):

Around one hundred mostly African and South African expats and their approximately 800 Somali Marines of the Puntland Marine Police Force (PMPF) were left stranded with no cash for food, fuel or salaries.

Back at the PMPF base, just west of Bosaso airport, there now sits millions of dollars in heavy construction equipment, fixed and rotary wing aircraft, ocean-going ships, RHIBs, heavy transport trucks and 4X4 vehicles that suddenly became idle.

This calls into question the plateau in pirate attacks in the first half of the year from the north of the country, as gains on the ground might be reversed with a let up in pressure. According to Somalia Report‘s article, the decision may have come as a result of pressure from the UN which has been critical of the program. Read the full article for speculation on the program’s future.

 

The announcement also comes on the heels of a report on the human cost of piracy by Oceans Beyond Piracy with a telling rundown of numbers. The following analysis is from gCaptain:

The report found that a total of 3,863 seafarers were fired upon by Somali pirates, down 8% from 2010.  Of those, 968 came in close contact with armed pirates who were able to board their vessels and a total of 413 of them were rescued from citadels by naval forces.

 

A standout number in the report was that the number of seafarers taken hostage in 2011 dropped by 50% with a total of 555, most likely driven by increased security measures taken by crews including the use of  armed.  In 2010 a total of 1,090 had been taken hostage.

 

The report adds that a total of at least 1,206 hostages were held captive by Somali pirates in 2011, including the 555 seafarers who fell victim during 2011, 645 who were captured in 2010 and remained captive in 2011, and 6 tourists and aid workers kidnapped on land.  The report estimates that the average length of captivity was over 8 months, up 50% over 2010.

 

Tragically, 35 hostages died during 2011 including; 8 who were killed by pirates during an initial attack or after being taken captive; 8 died from disease or malnutrition while being held; and 19 died in crossfire while being used as human shields and during hostage rescue attempts.  Another 3 hostages died after release as a result of abuse they had suffered while in captivity.

 

In contrast, it is estimated that 111 pirates were killed in 2011 with 78 killed as a result of encounters with naval forces, 30 killed by fellow pirates, and 3 by Puntland police.

 

LT Scott Cheney-Peters is a surface warfare officer in the U.S. Navy and the former editor of Surface Warfare magazine. He is the founding director of the Center for International Maritime Security and holds a master’s degree in National Security and Strategic Studies from the U.S. Naval War College.
 
The opinions and views expressed in this post are his alone and are presented in his personal capacity. They do not necessarily represent the views of U.S. Department of Defense or the U.S. Navy.