Management and Resolution of Inter-State Conflicts in Southeast Asia

Edited: Kamarulzaman Askandar

Foreword

Inter state conflicts still present a threat to the stability and security of the Southeast Asian region today. Despite efforts to reduce the intensity of “hot spots” in the area, the region is still facing destabilizing conflicts. This situation has been exacerbated by the “war on terrorism” led by the United States since the September 11 incident. Among the implications of this policy is the intensification of activities against groups classified as terrorist groups, as well as the strengthening of regimes in their battles against these groups. This has resulted in many observers concluding that the many hot spots in the region will become even hotter.

Different countries have tried to address the situation differently according to the needs and demands they faced from within as well as international pressures. Mechanisms, both internal and international, have been introduced to tackle and resolve these conflict situations. Over the years new challenges have arisen that calls into question these mechanisms and tested their effectiveness. The region has also seen changes, both within the boundaries of individual nations as well as globally. For instance, it has seen the changing of the structure of the power balance in the world system; the move from bilateralism to unilateralism; the “end of history” to the “clash of civilisation” to the “war against terrorism”; the euphoria of the expansion of the Association of Southeast Asian Nations (ASEAN) in the nineties replaced by the reality of propping up poorer and weaker countries; leadership changes within each country and the “new” way of thinking of these new leaders, subscribing less to the old school of thoughts of those leaders that grew up and matured with ASEAN; conflicts created and then avoided, contained, or settled, but rarely resolved; some conflicts lingering on while others escalated; economic recession and depression; prospects for the “deepening” of the ASEAN hampered by the economic crisis which forced the countries to focus on their own interests and survival as nation-states instead of enhancing cooperation and collaboration with each other, either bilaterally or under the ASEAN umbrella. All these have influenced the thinking about conflict prevention, management, and resolution in the region.

It is a fact that there needs to be a more complete and comprehensive approach to addressing the conflicts in Southeast Asia. There has been a lot “of peace” work done, albeit quietly, to transform the situation in Southeast Asia. Among the organizations that have been working to promote peaceful values and a more objective way of looking at and analyzing conflict is the Southeast Asian Conflict Studies Network (SEACSN). The SEACSN is a network of individuals and institutions in Southeast Asia working to promote research in the fields of peace studies and conflict resolution. It was formally set up in 2001, although members of the network have been working closely with each other on various projects for many years before that. Among activities organized by the network include national and regional workshops, seminars, training programs, as well as research and exchange programs. There have been a number of regional workshops on the topics of “Ethnic and Religious Conflicts”, “Culture and Conflict Resolution”, “Public Policy Conflict Management”, “Inter-state conflicts and Conflict Resolution”, and “Development Related Conflicts”. The national workshops, organized by the national coordinators of SEACSN, have focused on various themes including issues and challenges for conflict resolution, peace education, the role of civil society in conflict resolution, and peace advocacy.

This book is the result of the 4th SEACSN Regional Workshop, which was on the topic of “Inter-state Conflicts and Conflict Resolution in Southeast Asia”, held in Penang, Malaysia. The workshop, and subsequently this book, looks at the management and resolution of inter-state conflicts in Southeast Asia from different angles. It first raises the question of whether the nature of the conflicts in the region today is still the same as before or whether there is a now a new dimension to these conflicts. This is due to the many changes that have affected the world in general and the Southeast Asian region in particular. The workshop concluded that these changes have had an influence on how conflicts in the region are progressing and how new conflicts are emerging. This is also reflected in the papers in this book.

The papers in this book also focus on the management and resolution strategies and mechanisms that have been used to tackle inter state conflicts in the region. Some of the papers argue that a rethinking of these strategies and mechanisms is needed given the changed nature of many of these conflicts. The roles of civil society, for example, have been highlighted as being one of the important components of current and future conflict management and resolution. There have also been a few case studies to highlight the points made about the need for a rethink of conflict management and resolution in the region. Among the case studies are bilateral disputes such as those between Malaysia and Singapore, Malaysia and Brunei, and Vietnam and the PRC, as well as multilateral disputes like the one in the South China Sea. Lastly, one paper also discusses the threat from militant groups and how this is affecting the security of the region. The following is a summary of some of the major points raised by the papers in the book.

The first chapter was by Amitav Acharya, titled, “Rethinking international order after September 11: Some preliminary thoughts”. In this paper, Acharya highlighted key areas in which the “post-September 11 era” challenges our thinking about international order in the post-Cold War era. This, he notes, has been brought about by trans-national terrorism and international responses to it, which brings the whole security debate into question. Acharya also laments the current global structure and said that proponents of multilateralism will fear that the current uni-polar world situation will result in global injustice, imperial arrogance, and instability that results from reactions against it In the second chapter, Kamarulzaman notes that security issues today are not what it used to be. Despite the lingering inter-state issues, the more important ones these days are those that have emanated from within the boundaries. He also claims that these form part of the “non-traditional” security issues being faced by countries of the region. The situation has also rendered less useful the management strategies and mechanisms usually employed by Southeast Asian countries, and especially by the ASEAN. This paper argues that this type of conflict management strategy is not conducive for long-term peace in the region. In fact, he claims that it will only result in short-term tension and long-term instability. A rethinking of conflict management strategies is thus needed, along with an investigation on the potential contributions of the civil society in any new conflict management framework for Southeast Asia.

In the third chapter, Pushpa Thambipillai claims that inter state relations are characterised by conflict and co-operation. Conflict is inevitable in the international system as states compete over resources and values, including power and dominance. Nevertheless, coexistence is assured as long as states realise the boundaries of their interactions and do not resort to violence. Disputes, disagreements and irritants are ever present but not all such cases result in negative actions. Mechanisms at the bilateral or multilateral levels provide avenues for conflict resolution. She claims that conflicts can be prevented, minimised, transformed, or resolved through bilateral negotiations, bargaining between the parties concerned or through third party intervention. There are also roles for conflict management at the global and regional levels. One of the strategies is amongst states within a region where political and economic co-operation can provide the structure and procedure for consultation to sort out conflict prone issues. The paper concludes that if regional co-operation is recognised as an important process, then it will enhance various sources for inter state consultations, thus avoiding violent conflicts.

The fourth paper by De Castro explores the problems associated with securitising contemporary non-traditional security challenges such as migration, transnational crime, terrorism, and environmental degradation, using the Philippines experience as an example. It discusses the intellectual development of the notion of non-traditional security challenges and situates this idea within the overall conceptual map of strategic studies. It examines how these non-traditional security challenges affect Philippine society and how they infringe on the government’s relations with a number of states. This paper analyses the difficulty of securitising these security challenges despite their negative effects on Philippine society and the country’s bilateral ties. De Castro concludes with a call for a review of the current approach in analysing these non-traditional security challenges and the need for a paradigm shift in Strategic Studies.

The fifth paper by Aileen Baviera looks at the dispute in the South China Sea involving six countries in the region. She claims that multiple dimensions and layers of interests are at stake, including sovereignty, territorial integrity, security from external threats, access to economic resources, and protection of the marine environment. Baviera defines the nature of the disputes and the potential conflict, explores the underlying causes as well as consequences for the parties concerned and for the region, and examines the ways by which the conflict is being addressed by the claimants, as well as by ASEAN and other regional cooperative mechanisms. The paper then locates the present situation and the various conflict management initiatives in relation to a possible process of conflict transformation, and also identifies possible areas for future meaningful intervention. Lastly, Baviera stresses that the purpose of the paper is to explore how the concept of conflict transformation may be applied to future studies and policy initiatives on this issue.

The sixth chapter by Baladas Ghoshal also looks at the South China Sea dispute and ASEAN’s approach to this problem. The paper examines the effectiveness of this approach in dealing with the irredentist claims of China, the central player in the dispute, and to evaluate the prospect of easing of tension in the region within its current policy framework. Ghoshal argues that there is not one ASEAN approach to the South China Sea dispute, even though they may all be subscribing to the idea of confidence building and the engagement of China to contain the dispute and manage conflicts in the region. Ghoshal also argues that ASEAN’s policy of engagement of China and its ‘soft’ and accommodative approach towards the South China Sea issue has brought only temporary benefits in terms of only shelving the conflict. This is because this approach has not been very effective in managing the latter or restraining it from escalating the conflict level in the Spratlys. Ghoshal claims that the way of managing China is not through a display of ASEAN’s own weaknesses and accommodation of the former’s vital interests in South China Sea but only through a firm and united stand.

The seventh chapter is by Ramses Amer who writes on the topic conflict management within the ASEAN, and especially looking at the High Council as a potential mechanism for conflict resolution in the region. He stresses that the purpose of his study is to analyse the conflict management dimension of the regional collaboration in the Southeast Asian region within the framework of the Association of South-East Asian Nations (ASEAN). He surveys the mechanisms for conflict management adopted by ASEAN through its main governing treaties and declarations, especially the adoption of the “Rules of the Procedure of the High Council of the Treaty of Amity and Co-operation in Southeast Asia”. The adoption of these rules of procedure is assessed and their possible implications are analysed. He then goes on to analyse and assess the relevance and impact of the ASEAN’s framework for conflict management through an overview of how the border disputes among the member-states of ASEAN have been managed. This is followed by an assessment of the adoption of the rules of procedure of the High Council and of the possible implication of these rules. Finally, Amer looks at the ASEAN’s conflict management mechanisms in relation to non-Southeast Asian countries with a focus on the situation in the South China Sea.The eighth paper, by Hadiwinata attempts to address environmental problems as one of the important elements of non-traditional security issues. By looking at the Southeast Asian context, Hadiwinata discusses environmental security as a potential driver for inter-state tensions and conflicts in the region. He argues that although environmental problems may not directly raise security threats to Southeast Asian states, in the long run they may have the potential to generate tensions and conflicts. In Southeast Asia, a rapid rate of deforestation, population pressure, food and energy scarcity, and cross-border river management problems appear to be the most striking examples that can raise national security concerns. Collective measures in settling these problems at the ASEAN level and beyond seem to be a major challenge for most Southeast Asian countries. Lastly, Hadiwinata concludes that in the near future, the preservation of land and sea areas in a sustainable way may become a conflict prevention agenda.

The paper by Nathan looks at the historical foundations, key determinants and political economy of Malaysia-Singapore relations. It also evaluates the significance of major issues in bilateral relations in recent times. He claims that all the issues suggest that the bilateral relationship between the two countries is characterised by functional tension and co-operation. Nathan asserts that the best methodological approach to analysing the progress of bilateral ties is offered by political realism which emphasises self help and prioritises national political, economic and security interests as the goals of foreign policy. The paper also takes note of the increasing bilateral competition in the provision of infrastructure services with the onset of globalisation, as well as the convergence of security perceptions issuing from the impact of the September 11 event. Finally, Nathan considers the attempts made by the leaderships of both countries to resolve these issues; strategies and mechanisms contemplated, and concludes with some observations regarding the challenges and prospects that lie ahead.

The paper by Hamzah starts with a look at territorial and maritime disputes between Malaysia and Brunei. Some of these have dated back to their colonial or protectorate years while others have been more recent. These disputes include the claim on Louisa Reef in the South China Sea, the land and maritime border demarcation between the two, and the dispute over the Limbang district. According to Hamzah, the interesting fact about these disputes is that they have not escalated into any armed conflict. The thrust of this paper is to examine why this is so by utilising Limbang as its case study. Hamzah traces the origin of the Limbang territorial dispute during Brunei’s protectorate period and its evolution in Brunei’s modern era. He also looks into the mechanisms utilised by both parties in dealing with the dispute and discusses the prospects for resolution. Finally, he goes on to examine the factors that are responsible for making sure that the dispute does not escalate into an armed conflict.

 The next chapter is by Qasim Ahmad on the question of sanctions versus constructive engagement in the case of Myanmar. Qasim starts by looking at the policy of both the US and the EU on Myanmar, especially their attempts at tying the conduct of foreign relations to human rights issue. He notes that the policy has brought disadvantages to both countries and a rethink might be possible in the future. Qasim asks whether these two countries would now give in to their economic lobbyists or interests. Or would they maintain that any compromise on their present stand towards the military government in Yangon would tarnish their very own democratic image and send, at the same time, the ‘wrong’ message to the world at large? Qasim argues that the ‘constructive engagement’ policy advocated by ASEAN has broken new ground and promises a more welcome future, if and when a genuine and lasting national reconciliation can be engendered. Should that happen then a lot of parties, Qasim concludes, including the US and the EU, could find themselves in a lot more comfortable situation.

 In the next chapter, Nguyen Hong Thao looks at the case study of the Gulf of Tonkin, where Vietnam and the People’s Republic of China (PRC) have been in dispute for twenty-seven years, and how it has been managed. Nguyen claims that it was settled by two agreements, signed in Beijing, on December 25th, 2000. The first agreement was on the delimitation of territorial seas, exclusive economic zones and continental shelves (agreement on maritime delimitation) while the other one was on fishing co-operation. Nguyen then goes into great detail about the conflicts and highlights the moves made to settle the conflict amicably.

The last paper by Kamarulnizam looks at the way the global war on terrorism has changed the way we look at the structure and problems of international politics. Kamarulnizam claims that this new war against terrorism is like “fighting an enemy who is already dead or no longer exists”. The key actor that could influence the international systems involves more than a single state. Security and defence no longer can be defined as the ability of a state to protect its territory and sovereignty since the enemy itself is unknown. He stresses that terrorism has challenged governments in the region to redefine and re-conceptualize security. It has also challenged the way states perceived and look at their potential adversary or enemy, as well as on the whole question of security. Traditionally, the source of threats were clearly identified and defined and the actors were in most cases the state itself. This is not so with the current threat emanating from terrorism. Kamarulnizam argues that terrorism, which has a transnational nature, puts nation-states into a new security dilemma. Terrorism, to Kamarulnizam is like fighting the war on drugs, which is an open-ended war. It has neither a starting point nor an end point, and since terrorism has no nation-state base it is therefore very difficult to combat. Kamarulnizam asks the question of who the terrorist groups in the region are, and whether they really belong to this category. He argues that due to their own interests and pressure from the United States, some governments in the region have conveniently labelled these movements as terrorist groups so that they could receive international support for their efforts to crush these movements. Kamarulnizam concludes by saying that countries in the region have labelled all their political militant oppositions as terrorists for their own political gain. He also says that there is an over-reaction to the global war against terrorism in this region, and that the issue, either terrorism or militancy, should be approached and managed prudently.

The papers in this book are very important due to the nature of the subject matter during this time of global and regional uncertainties. It is hope that the papers will be able to provoke some thoughts on the issues, not only among academicians and students of the subject, but also among policymakers and the public at large.

I would like to acknowledge the contribution and support from the Swedish International Development Cooperation Agency (Sida) to the SEACSN. Without their generous support, it would not be possible for us to organize SEACSN activities around the region. I would also like to thank all the contributors and participants of the SEACSN Regional Workshop on Inter-state Conflicts and Conflict Resolution held in Penang, Malaysia in 2002. Lastly, I would like to thank all the staff at the SEACSN Regional Office at the Research and Education for Peace, Universiti Sains Malaysia, for their patience and for their hard work in making this publication possible. Lee Choo, Lukman, Julayda, Shazlin, Anne Dickinson, Azeem, Syed Yusof, Ina, and Akmar – thank you all!

Kamarulzaman Askandar

Southeast Asian Conflict Studies Network (SEACSN)

& Research and Education for Peace

Universiti Sains Malaysia

March 2003