January 2016

1. Overview

“Open and stable seas” upheld by the rule of law is a global asset. Enhancing “Maritime Security” is one of the key objectives in the joint declaration entitled “ASEAN 2025: Forging Ahead Together” which was adopted at the ASEAN Summit in November 2015. ASEAN decided to meet the objective through the adoption of internationally accepted maritime conventions and principles, i.e., strengthening the rule of law, as well as the strengthening of ASEAN-led mechanisms. ASEAN 2025 specifically provides relevant action lines that include maintaining the South China Sea as a sea of peace, prosperity and cooperation, including intensifying negotiations between ASEAN and China for the early conclusion of the Code of Conduct (COC), requiring all parties to exercise self-restraint in the conduct of activities that would complicate or escalate disputes, and pursuing preventive diplomacy measures such as the development of a Safe Operational Plan (SOP) to prevent accidents at sea, and promoting dialogue and cooperation on maritime issues through ASEAN-led mechanisms such as the Expanded ASEAN Maritime Forum.

Japan will continue to strongly support these efforts by ASEAN while respecting ASEAN centrality, which is one of the basic principles of ASEAN.

2. Strengthening the rule of law

In his keynote address at the Shangri-La Dialogue in May 2014, Prime Minister Shinzo Abe advocated the Three Principles on the Rule of Law at Sea: first, states shall make and clarify their claims based on international law, second, states shall not use force in trying to assert its claims and third, states shall seek to settle disputes by peaceful means.

Photo: Cabinet Public Relations Office

Japan uses various opportunities to call on all parties of the international community to strictly abide by the Three Principles. At the 10th East Asia Summit (EAS) Meeting held in Kuala Lumpur, Malaysia in November 2015, Prime Minister Abe reemphasized the Three Principles and stated that coastal states are required under international law, whether for military use or civilian use, to refrain from unilateral actions that would cause permanent physical changes to the marine environment in maritime areas pending final delimitation. Japan supports the arbitration procedures utilized by the Philippines as a means to settle maritime disputes based on international law in a peaceful manner. The Chairman’s Statement of the 10th EAS Meeting, developed by Malaysia, as a Chair, based on the leaders’ discussion, expresses that the leaders “welcomed assurances given by China as expressed by President Xi Jinping during his visit to the United States of America recently that China does not intend to pursue militarisation in the South China Sea”, and they “underscored the commitment of ASEAN Member States and China … to resolve their differences and disputes through peaceful means, in accordance with international law”. EAS participating countries will be required to act in accordance with these statements. The 10th EAS also adopted the EAS Statement on Enhancing Regional Maritime Cooperation, and committed itself to enhancing regional cooperation in promoting maritime security.

3. Strengthening ASEAN-led mechanisms

ASEAN hosts international conferences such as the East Asia Summit (EAS), ASEAN Regional Forum (ARF) and Expanded ASEAN Maritime Forum (EAMF), and is playing an important role in peace and stability, including maritime security. ASEAN 2025 clearly states that ASEAN will further develop regional frameworks based on these mechanisms.

Japan actively participates in these ASEAN-led mechanisms and contributes to strengthening them. Some of Japan’s recent contributions regarding maritime security are as follows:

(1) ASEAN Regional Forum (ARF)

• Japan hosted the ARF Seminar on Counter Piracy and Armed Robbery in Asia in March 2015 in Tokyo. The participants conducted discussions to identify issues to enhance counter-piracy efforts.

• Japan hosted the ARF Seminar on Regional Confidence Building and Law of the Sea in December 2015 in Tokyo. Prominent scholars and experts of international law were invited from Japan and abroad as guest speakers for this seminar, and government officials from ARF members exchanged views on the international legal regime in maritime areas pending delimitation and the role international law can play in confidence building.
  
  Mr. Hitoshi Kikawada, Parliamentary Vice-Minister for Foreign Affairs, and the seminar participants

(2) Expanded ASEAN Maritime Forum (EAMF)

The EAMF was originally established in 2012 based on Japan’s proposal. The 4th EAMF was held in 2015, and maritime security issues were actively discussed.

4. Support for ASEAN capacity building in safeguarding the seas

Japan, under the policy of “Proactive Contribution to Peace” based on the principle of international cooperation, provides seamless support towards capacity building in ASEAN countries for safeguarding the seas.

In the aforementioned keynote address at the Shangri-La Dialogue, Prime Minister Abe stated that “Japan will combine various options within its assistance menu, including ODA, capacity building by the Self-Defense Forces, and defense equipment and technology cooperation, to seamlessly support the capacity of ASEAN countries in safeguarding the seas.”

At the ASEAN-Japan Summit Meeting in 2014, Prime Minister Abe expressed that Japan would continue to cooperate with ASEAN on joint exercises, capacity building and navigation safety, and would support capacity building in safeguarding the seas for about 700 people in the next three years. Japan has been supporting capacity building among maritime patrol officials and providing patrol vessels. Japan will continue to strengthen these capacity-building efforts and contribute to enhancing the ASEAN Community building process.

Submarine medicine seminar in March 2015 in Vietnam (from the website of the Ministry of Defense, Japan)

In order to convert these ideas into reality, Japan also hosted the Seminar on Capacity Building in Maritime Security in December 2015, which continues on from the Seminar on Capacity Building in Maritime Security and Disaster Relief that was held in September of last year. Officials in charge of foreign and defense policies from the ASEAN countries attended the seminar and exchanged their views with their Japanese counterparts. They were also briefed about Japanese defense equipment production by defense industry of Japan. Japanese officials explained Japan's Legislation for Peace and Security, capacity building assistance by the Ministry of Defense (MOD)/Japan Self-Defense Forces (JSDF), and Japan’s defense equipment and technology cooperation. In response, representatives from the ASEAN countries expressed their positive expectations toward Japan's concrete efforts based on the policy of “Proactive Contribution to Peace,” including the Legislation for Peace and Security, and hopes for an increasingly close cooperation between Japan and the ASEAN countries. It is hoped that through this seminar Japan and the ASEAN countries will further strengthen cooperative efforts in the maritime security field.

Mr. Masakazu Hamachi, Parliamentary Vice-Minister for Foreign Affairs, and the seminar participants