Act on South China Sea, form entity on maritime issues - Anifah to PM

Prime Minister,

On the South China Sea issue.

I pray that Tan Sri is in good health.

I wish to draw your attention to national, regional and international media reports since last weekend on the South China Sea situation, especially related to the presence of Chinese vessels in Malaysian maritime areas.

As you are aware, the issue of the South China Sea is one of high importance to Malaysia since before. As you are also aware, this has been a major issue discussed in cabinet meetings in 2009 - 2016 when you were deputy prime minister and I was foreign minister.

All this time, Malaysia has taken a consistent and principled stance on the South China Sea over issues of rights concerning sovereignty, economy, security and others. The consistent and principled approach is not favoured by China but the Chinese respects it.

Malaysia is not able to defend its strategic interests without this consistent and principled stand. Among the main elements of this stand is that Malaysia will not acknowledge China’s claim on our maritime areas as China’s claim, based on the "nine-dash line", is not in line with international laws, including United Nations Convention on the Law of the Sea (Unclos) 1982.

The presence of Chinese ships in Malaysian waters not for the purpose of passage occurred for the first time in 2012 when a China Coast Guard vessel disrupted seismic research activities being carried out by Petronas contractors.

Even so, the Chinese ship did not take any hard action such as ramming, such as what took place between China and Vietnam or with the Philippines. One theory raised over China’s differing actions is that China remembers Malaysia’s role as the first Southeast Asian country to forge diplomatic relations with it. Even so, this theory cannot be verified.

Malaysia protested China’s actions and I, as foreign minister at the time, gave a statement to the media and raised Malaysia’s uneasiness over China’s behaviour with my counterpart from China.

I feel a consistent and principled stand is the best way to deal with the Chinese actions. At the same time, Malaysian’s consideration on the South China Sea issue must be based on national interests and other considerations such as the need to preserve China’s face (air muka) must take second place.

In light of that, I am of the view that it would be right for the government to take appropriate action in relation to surveillance activities being carried out by Chinese vessels in Malaysian maritime areas.

Smaller Malaysian Maritime Enforcement Agency (MMEA) and Royal Malaysian Navy vessels may not be able to stop the Chinese ships, but at least we can express our resolve to not let Chinese ships do as they like in Malaysian maritime space.

We can also study and understand to what extent the Chinese will act against Malaysia. Close surveillance and shadowing must be carried out. The foreign minister should express his unhappiness over the presence of Chinese vessels in Malaysia's maritime space.

This statement can be preceded by a diplomatic note of objection to the Chinese. These actions will ensure the nation’s strategic interests are not compromised.

I also, at the same time, feel there is a necessity for the government to form a special entity to handle maritime affairs concerning maritime borders issues with neighbouring countries, the South China Sea, maritime economy and blue economy, and others.

This, I raised before but it was not realised in light of the change in government in 2018. I feel this special entity will allow maritime issues to be handled in a comprehensive, integrated and coordinated manner.

This special entity will report directly to the prime minister and with that, minimise the political considerations at the ministry and minister level.

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ANIFAH AMAN is a former foreign affairs minister and ex-Kimanis MP. - Mkini