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RI rebuffs China'€™s claims to Natuna waters

Jakarta has questioned Beijing’s suggestion that disputed waters near Indonesia’s Natuna Islands constitute part of China’s traditional fishing grounds

Tama Salim, Nani Afrida and Ina Parlina (The Jakarta Post)
Jakarta
Wed, March 23, 2016

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RI rebuffs China'€™s claims to Natuna waters

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akarta has questioned Beijing'€™s suggestion that disputed waters near Indonesia'€™s Natuna Islands constitute part of China'€™s traditional fishing grounds.

Edy Yusuf, the Foreign Ministry'€™s director for East Asia and the Pacific region, explained on Tuesday that the closest thing to China'€™s claim in internal law was traditional fishing rights, which, according to the UN Convention on the Law of the Sea (UNCLOS), require two countries to sign a treaty over a designated area. China and Indonesia have no such treaty.

Instead, Edy indicated that China'€™s assertion of historic rights over the fishing grounds might fall within Beijing'€™s contested Nine-Dash-Line territorial definition.

'€œ[Beijing] would definitely avoid using that line of reasoning, as it would constitute an overlap of authority with Indonesia '€” that'€™s why they'€™re using the term '€˜traditional fishing grounds'€™,'€ he told The Jakarta Post.

'€œWhat happened was that [China] committed an illegal fishing act in Indonesia'€™s EEZ [exclusive economic zone].'€

Jakarta accused Beijing of obstructing law enforcement when large Chinese coast guard vessels intercepted Indonesian patrol boats towing the 2,000-gross-ton Kway Fey 10078, a Chinese fishing boat caught operating illegally near the Natuna Islands.

The Kway Fey, which was being towed to the nearest naval base by patrol vessel KP Hiu 011, was rammed by an armed Chinese coast guard boat at the border of Indonesian waters, sustaining operational damage.

Beijing later reiterated its stance on the Natuna Islands in a meeting with Foreign Minister Retno LP Marsudi, conceding Indonesia'€™s full sovereignty over the region.

However, it also requested that eight of its citizens '€” crew members of the Kway Fey '€” be released from detention.

The request hinges on the assumption that the Kway Fey was operating in China'€™s '€œtraditional fishing grounds'€ when it was captured, a claim not recognized by the international community.

International law expert Hikmahanto Juwana said Retno had brought up the South China Sea issue to remind Beijing that Indonesia could at any time give up its role as the region'€™s honest broker if its Chinese counterparts plan to dishonor efforts to resolve conflicting national claims.

Hikmahanto, one of two experts brought in to be briefed on the Natuna situation, corroborated earlier Edy'€™s deduction that the '€œtraditional fishing grounds'€ in question might fall within China'€™s claimed sovereign territory. '€œThat might just be the case,'€ he said.

'€œWe don'€™t claim there is an overlap, but for them, '€˜traditional fishing grounds'€™ means they weren'€™t fishing in Indonesia'€™s EEZ region,'€ Hikmahanto added, calling it an attempt on the part of Beijing to blur the issue.

Indonesia does not recognize the Nine-Dash-Line because China has neglected to clarify the concept since the era of former foreign minister Ali Alatas, the University of Indonesia scholar claimed.

Jakarta, which makes no claim to the South China Sea, has long lubricated peace talks among disputing claimant states.

Navy chief of staff Adm. Ade Supandi said that five navy vessels were currently on guard in Natuna waters; however, he downplayed the tension, insisting that defense duties did not extend to fisheries violations.

'€œThis is a matter for the fisheries sector,'€ he said.

Previously, the commander of the Navy'€™s Western Fleet (Armabar), Rear Admiral Achmad Taufiqqoerrochman, whose ships oversee the Natuna region, said the incident would be settled first and foremost within the fisheries sector.


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