You are on page 1of 6

Thayer Consultancy Background Briefing:

ABN # 65 648 097 123


South China Sea Scientific
Cooperation Between Vietnam
and the Philippines
Carlyle A. Thayer
December 29, 2018
We are focusing on the role of science cooperation in the contested South China Sea.
What are your views on this subject? Has China shown any interest in engaging in
bilateral marine science expeditions aboard their state-of-the art marine research
vessels?
There have been additional bilateral and multilateral scientific cooperative activities
such as the Joint Oceanographic Marine Scientific Research Expeditions in the South
China Sea (JOMSRE-SCS) from 1996-2007. Do you know if the Philippines and
Vietnam have quietly gone about restarting this cooperation in the past year?
ANSWER: The United Nations Convention on the Law of the Sea (Articles 74 and 83)
requires state signatories to undertake “provisional arrangements of a practical
nature” if they cannot resolve their jurisdictional disputes. Marine science research
cooperation in the semi-enclosed South China Sea is one of many “provisional
arrangements of a practical nature” that could be adopted by parties in dispute.
Both China and members of the Association of Southeast Asian Nations (ASEAN)
agreed in principle to cooperate in marine scientific research when they signed the
Declaration on Conduct of Parties in the South China Sea (DOC) in November 2002.
For example, Point six stated:
Pending a comprehensive and durable settlement of the disputes, the Parties
concerned may explore or undertake cooperative activities. These may
include the following:
a. marine environmental protection;
b. marine scientific research;
In December 2004, ASEAN and Chinese Senior Officials reached agreement on the
Terms of Reference for the Joint ASEAN-China Working Group to Implement the DOC
(ASEAN-China JWG). The first meeting of the JWC was held in August 2005. Further
progress was delayed until the Guidelines to Implement the DOC were approved. In
January 2012, ASEAN and Chinese senior officials agreed to set up four expert
committees including one on maritime scientific research. No maritime scientific
research has been conducted under the framework of the DOC to date.
The most recent exposition of China’s views on marine scientific research
cooperation may be found in the Single Draft South China Sea Code of Conduct
2

Negotiating Text adopted by China and the ten member states of the Association of
South East Asian Nations (ASEAN) on August 3, 2018. According to a private copy of
this text, China (identified in the text as CH) submitted the following:
2 General Provisions…
c. Basic undertakings…
ii. Promotion of practical maritime cooperation
2. To fulfil the purposes and objectives of the COC, pending a durable
settlement of disputes, the Parties should carry out practical maritime
cooperation in a spirit of understanding and cooperation; [CH]
Option 3: [CH]
3. The Parties undertake to carry out, on a voluntary basis, practical maritime
cooperation in but not limited to the following areas:
a. Development and conservation of fishing resources. The Parties concerned
can cooperate on fish restocking, protecting endangered aquatic animals, in
personnel training and exchanges and in other fields to promote sustainable
development of the fishing industry. The Parties concerned will enhance
coordination on national fishing policies and positions, and work together to
make arrangements for the fishing off season…
d. Maritime scientific research and environmental protection. The parties will
improve the existing bilateral and multilateral cooperation mechanisms,
promote information sharing and technological cooperation in the South
China Sea in areas such as climate change, marine environmental survey and
measurement, severe weather forecast and warnings. The parties will
enhance the protection of environmental features and biodiversity in the
South China Sea;
e. Marine economy. The parties will enhance cooperation on aquaculture and
oil and gas exploration. The parties will explore the development of a South
China Sea blue economy pilot zone and promote economic integration of the
littoral states to the South China Sea…
f. Marine culture. The parties will promote marine cultural exchanges,
undertake joint academic research in related areas, and conduct joint survey,
research and protection of underwater archaeological relics;
4. To enhance the effectiveness of cooperation, the Parties shall facilitate the
establishment of corresponding cooperation mechanisms including but are
not limited to a technical committee on navigation safety and techniques of
search and rescue, a technical committee on marine scientific research and
environmental protection, and a technical committee on combating
transnational crimes at sea. The Parties shall actively explore the modalities,
scope and locations of cooperation;
5. If deemed necessary, the Parties may seek assistance from experts and
eminent persons on the projects concerned;
3

China’s official position is that the DOC must be implemented before the COC can
take effect.
In January 2018, the Philippines granted permission to the Institute of Oceanography
of China’s Academy of Science to conduct scientific research on Benham Rise (off the
east coast of the Philippines) in cooperation with the University of the Philippines
Marine Science Institute. It is a requirement of this agreement that a Filipino
scientist must be on board any Chinese research vessel operating in this area. This
arrangement leaves open the possibility that at some future date China may be
amenable to hosting marine science research expeditions aboard their marine
research vessels in the South China Sea with scientists from the ASEAN states.
Marine Scientific Research: The Philippines and Vietnam
One of the most striking examples of cooperation in marine scientific research in the
South China Sea took place between the Philippines and Vietnam between 1996 and
2007. This cooperative endeavour was called the Joint Oceanographic and Marine
Scientific Research Expedition in the South China Sea (JOMSRE-SCS) and arose as a
by-product of the visit of Vietnam’s President Le Duc Anh and Prime Minister Vo Van
Kiet to Manila in March 1994. Presidents Fidel V. Ramos and Anh agreed to initiate
the JOMSRE-SCS. This was intended to be a confidence-building measure between
Vietnam and the Philippines in the post-Vietnam War era.
In December 1994 a formal agreement was signed that set out two objectives: (1) to
increase goodwill through marine scientific cooperation in the South China Sea and
(2) to increase understanding of the natural processes on marine environment and
resources especially in the Spratly archipelago. Under the JOMSRE-SCS agreement
four expeditions were carried out:
JOMSRE-SCS 1 (April 18-May 9, 1996). This expedition was hosted by the Philippines
and comprised twelve scientists each from the two countries. The Vietnamese side
was represented by the Hanoi University of Natural Science with the participation of
two scientists from the Nha Trang-based Institute of Oceanography. The Philippines
side was represented by the Marine Science Institute of the University of the
Philippines. The scientists left Manila on board the Filipino RPS Explorer and
collected samples from twenty stations before ending their expedition in Ho Chi
Minh City. The main research focus was on marine physics, chemistry, biology,
geology and coral reef ecology. A summary workshop was held in Hanoi from April
22-23.
JOMSRE-SCS 2 (May 27-June 2, 2000). The second joint expedition was hosted by
Vietnam. At this time the Vietnam Academy of Science and Technology was
designated by the government as the lead agency and the Institute of Oceanography
was charged with representing Vietnam at the second and subsequent joint
expeditions. The scientists departed Nha Trang on the Vietnam Research Vessel Bien
Dong and concluded their work in Manila. The expedition carried out surveys on
marine physics, hydrometeorology, biology, chemistry and coral reef ecology. A
concluding workshop was held in Manila from July 22-26.
In February 2003, at the third annual meeting of the ministerial-level Philippines-
Vietnam Joint Commission for Bilateral Cooperation, it was agreed to move beyond
4

confidence building and to institutionalize JOMSRE-SCS under the United Nations


Convention on the Law of the Sea (UNCLOS), Part IX on Enclosed and Semi-Enclosed
Seas.
JOMSRE-SCS 3 (April 110-23, 2005). The Philippines hosted the third joint expedition
and was represented by Oceanfriends. Scientists embarked on the BRP Presbitero a
hydrographic vessel and carried out scientific fieldwork in the Spratly islands
including Northeast Cay (Parola), Southwest Cay (Pugad), and Fiery Cross Reef. The
scientists focused their work on marine physics, chemistry, geology, plankton,
biodiversity (corals, coral fishes, sea grass, seaweed, and invertebrates). A summary
workshop was held in the Philippines from February 27-March 2006.
Karsten von Hoesslin, a scientist who participated in the third expedition, offered
these insights not contained in official reports. While surveying the waters around
North Danger Reef
we heard the ‘booms’ of illegal blast fishing from nearby atolls. We also
noticed a severe lack in predator fish, which are key to the food chain, but
have become victims of overfishing. Near Trident Shoal, we found evidence
of muro-ami fishing which not only removes predator fish but completely
destroys the coral reefs.1 While sailing from Trident Shoal to North Danger
Reef throughout the night, we saw strobes indicating marker-buoys from
long-fine fishing, which also targets the predator fish.
Von Hoesslin also reported on how political tensions manifested themselves when
the expedition encountered a Chinese vessel. According to Hoesslin:
Chinese bully tactics were well presented in a theatrical display of maritime
ballet as their hydrographic (intelligence gathering) vessel cut across our bow
at 30 knots and then proceeded to follow us for three days while we
conducted hydrographic surveys. The Chinese vessel (302) also danced with a
Vietnamese naval vessel outside of the North Danger Reef where at one
point, the Vietnamese vessel had to reverse full throttle to avoid a mid-sea
collision… [These incidents] showed serious speed bumps in the confidence
building process as the Chinese choose to use their scientific maritime assets
for intimidation and intelligence gathering.
In March 2006, at the third meeting of the Joint Permanent Working Group on
Maritime and Ocean Concerns (established under the Philippines-Vietnam Joint
Commission for Bilateral Cooperation) it was agreed to expand JOMSRE-SCS
participation to include scientists from other interested states, particularly other
ASEAN littoral states and China. It was also agreed that JOMSRE-SCS 1-4, now
designated Phase 1, had sufficiently covered the southern part of the disputed areas
in the South China Sea and Phase 1 be brought to an end.

1
Muro-ami fishing involves roughly 200 divers (mainly children) who use the unhealthy hookah
method of diving and crash corals together to scare fish out of the reef, which then are trapped in an
encircling net. Divers also use hookah when cyanide fishing, which is another illegal method of fishing.
The hookah method involves the use of surface compressors that provide air through long hoses, with
divers often working for long hours under water and suffering decompression-related health
problems.
5

JOMSRE-SCS 4 (April 7-12, 2007). The fourth joint expedition was hosted by the
Philippines and once again represented by Oceanfriends. This expedition focused on
marine physics, chemistry, geology, environment, plankton, marine biodiversity and
toxins in the Spratly islands. Research was conducted on board the BRP Presbitero. A
summary workshop was held in Dumaguete in the Philippines on May 2.
The completion of JOMSRE-SCS 4 marked the end of Phase 1 of this project. A final
conference was held in Ha Long, Vietnam from March 26-29, 2008. This conference
was attended by the scientists who had taken part in the joint maritime expeditions,
the Malaysian Minister of Science, Technology and Innovation, and representatives
from relevant Vietnamese ministries, international organisations and diplomats
based in Hanoi from Cambodia, Indonesia, Malaysia and the Philippines.
Twenty scientific papers were presented at the conference, summarizing the results
from a diversity of research disciplines such as: marine physics, geology, chemistry,
environment, biology, biodiversity and toxicology. The conference proceedings were
published in 2008, in English and Vietnamese.
One important recommendation to address the documented depletion of marine
biodiversity (especially fish), was for the littoral states – including China, the
Philippines and Vietnam – to establish a Transborder Marine Peace Park in the South
China Sea with other interested states both regional and outside the region.
The conference also agree to proceed to JOMSRE-SCS Phase 2 and to include China
and other interested ASEAN-member states under the UNCLOS Part IX framework
related to cooperation in enclosed and semi-enclosed seas. The purpose of the
marine park was to rebuild, maintain and sustain the biomasses of fish and other
resources.
The significance of the four JOMSRE-SCS expedition was that they were the first
bilateral cooperation projects on marine investigation in the South China Sea
conducted in the territorial waters of the both the Philippines and Vietnam as well as
international waters.
JOMSRE-SCS Phase 2. Following the Ha Long conference, the governments of the
Philippines and Vietnam accepted the recommendation to expand participation.
Consultations with China were entered into and China agreed to join a tripartite
JOMSRE-SCS. Scientists from the three countries were then engaged in technical
discussions and three meeting were held. The first two meetings, in Manila and
Guangzhou, agreed on the cruise track and other “pending issues.” A third meeting
was held in Nha Trang and problems developed. According to a Philippine account,
“At the Nha Trang meeting, however, a participating State (not China) raised late
objections and other ‘issues’ which had political color.” There was a last minute
agreement to hold a fourth preparatory meeting in China to resolve the impasse.
This meeting was not held and the JOMSRE-SCS Phase 2 came to an end.
Philippines-Vietnam Marine Scientific Research
In October 2011, Vietnam and the Philippines signed an action programme for 2011-
2016 to implement bilateral cooperative relations in various fields. The two countries
established a Joint Committee on Sea and Ocean Cooperation at deputy foreign
6

ministerial level. The first meeting was convened in February 2012 and the second
meeting was held in September 2015.
On November 17, 2015, Vietnam and the Philippines adopted a Joint Statement on
Strategic Partnership Section V on Scientific and Technical Cooperation includes the
following:
29. Recognizing the need to enhance scientific knowledge and technological
knowhow in the building of the knowledge-based economies of the future,
push for the convening of the Joint Sub-Committee on Science and
Technology Cooperation in order to enhance cooperation in priority areas to
be identified by the relevant agencies.
30. Establish a Technical Working Group in Hydrology, Meteorology, Marine
Hydro-Meteorology, Climate Change and marine environment composed of
the relevant agencies of both countries and convene its annual meeting at a
mutually convenient time and venue in order to develop specific projects and
programs that will enhance cooperation in this scientific field.
In 2016 and 2017 there were a number of incidents involving illegal Vietnamese
fishermen operating in Filipino waters. In 2016, seventeen illegal Vietnamese
fishermen were arrested and later released. In 2017, two Vietnamese fishermen
were killed by Philippine authorities during the arrest of five other crewmembers.
The website of Vietnam’s Ministry of Foreign Affairs has a section on Vietnam-
Philippine relations that contains entries up to September 27, 2016. The website of
the Philippines Department of Foreign Affairs only contains very recent reports on
relations with Vietnam and does not extend back to 2007. Neither site provides any
reports on meetings of the Joint Committee on Sea and Ocean Cooperation or
cooperation in marine scientific research.

Suggested citation: Carlyle A. Thayer, “South China Sea Scientific Cooperation


Between Vietnam and the Philippines,” Thayer Consultancy Background Brief,
December 29, 2018. All background briefs are posted on Scribd.com (search for
Thayer). To remove yourself from the mailing list type, UNSUBSCRIBE in the Subject
heading and hit the Reply key.

Thayer Consultancy provides political analysis of current regional security issues and
other research support to selected clients. Thayer Consultancy was officially
registered as a small business in Australia in 2002.

You might also like