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CoC should prioritize protecting fishermen in South China Sea

Apart from the huge oil and gas reserves under the seabed and continental shelf of the South China Sea, fisheries are also an important and significant resource in the region.

Aristyo Rizka Darmawan (The Jakarta Post)
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Fri, November 13, 2020

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D

uring the last ASEAN Regional Forum, the foreign ministers of all member states once again reiterated that ASEAN and China should expedite negotiation over the Code of Conduct (CoC) in the South China Sea. In line with his ASEAN counterparts, Foreign Minister Wang Yi said in August that China expected the CoC to be finalized in 2021, despite all the obstacles during the pandemic.

However, some analysts share a pessimistic view of the time line. Even though all parties have said on many occasions that they were committed to negotiating the CoC, the ASEAN Secretariat has never said anything publicly on the substance of the expected CoC. Meanwhile, tension has increased in the South China Sea over the last several years amid the United States-China rivalry and increased militarization in the disputed area.

The CoC negotiation must consider a variety of aspects, but protection of fishermen and their livelihood deserves priority. Apart from the huge oil and gas reserves under the seabed and continental shelf of the South China Sea, fisheries are also an important and significant resource in the region.

Based on a report by the Centre for Strategic and International Studies in Jakarta, at least 12 percent of the global fish catch comes from the South China Sea, and around half of the world's fishing vessels operate there. Given the wealth of marine resources in the South China Sea, around 3.7 million people in the region work in the fisheries sector.

Unfortunately, fishermen have often had to work in a precarious environment due to the ongoing disputes over the marine territory. In the last several years, many Vietnamese and Filipino fishermen have been killed in standoffs with the coast guards or warships in the area.

A common guideline and principles in the CoC should therefore be agreed to avoid the law enforcement agencies of any disputing state from taking any actions that could lead to the death of fishermen. Furthermore, it is important to set down any limitations on law enforcement measures in the area to prevent skirmishes, including between national coast guards.

The United Nations Convention on the Law of the Sea (UNCLOS) already stipulates the common principles of non-use of force and peaceful use of the ocean. A more specific common guideline that all disputing parties agree on, however, would be more effective in avoiding any escalation of conflict.

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