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burnings have included vessels from Thailand. Both China and Vietnam have raised
this issue through diplomatic channels.
The norms of the ASEAN Way preclude binding and enforceable mechanisms. In other
words, Indonesia’s policy of burning IUU fishing boats in a bilateral matter between
the states directly concerned. At present Indonesia’s policy has impacted most heavily
on Vietnam.
Q2. It has been said that because the sinking of foreign boats is popular, building up
the reputation of President Widodo and his Minister for Maritime Affairs and
Fisheries, it would be difficult for Widodo to back off. Do you think Widodo will
promote domestic populism at the expense of relations with neighbouring countries?
ANSWER: Recent research has shown that Indonesia’s policy is having an effect on
reducing the presence of foreign IUU fishing boats in Indonesia’s EEZ. Indonesia has
been circumspect in dealing with Chinese IUU fishing boats because of the pressure
China can bring to bear; the evidence indicates that Chinese IUU fishing has dropped
off. A report to the 10th international conference on the East Sea (South China Sea)
hosted by the Diplomatic Academy of Vietnam in Da Nang in late 2018 identified
Vietnam as the main transgressor in Indonesian waters.
While domestic nationalism plays a role in the policies of the Jokowi government,
economic concerns are foremost. Indonesia does not face a choice between domestic
nationalism and relations with Vietnam. Indonesia and Vietnam are both strategic
partners and signatories to the UN Convention on the Law of the Sea. They have a
legal obligation to demarcate their respective maritime zones. In the interim they are
enjoined to adopt measures of a practical nature to manage their dispute.
While bilateral negotiations on the sea boundary are underway, these talks should be
accelerated as a matter of priority. The two sides should reaffirm that they will treat
IUU fishing boats and their crews humanely, and expeditiously return boats and their
crews that have been detained. Indonesia should cease its policy of burning and
sinking IUU boats. Vietnam should exercise self-restraint and prevent further ramming
incidents between its Coast Guard vessels and Indonesian navy ships.
Q3. Indonesia is not the only country whose EEZ had been violated by foreign boats,
so what should be done between the countries involved?
ANSWER: The manner in which Malaysia has responded to IUU fishing should be
followed. For example, since 2006 Malaysia has detained 748 Vietnamese fishing
vessels and 7,203 Vietnamese crew but has not sunk any of the vessels.
Vietnam too has a role to play in preventing its fishing boats from IUU fishing in the
waters of other ASEAN states. Vietnam has strategic partnership agreements with
Indonesia, Malaysia, the Philippines and Thailand and the consultation mechanisms in
these agreements should be used to manage IUU fishing.
Q4. How would it affect ASEAN's and its ability to confront China's expansionism, given
that ASEAN has not been united?
ANSWER: ASEAN has in place the Strategic Plan of Action on ASEAN Cooperation on
Fisheries, 2016-2020. IUU fishing is not a matter between China and individual ASEAN
states but a bilateral matter between ASEAN members whose fishermen engage in
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IUU fishing. For example, a recent study by academics at the University of California
at Santa Barbara noted that China’s fishing fleet was the largest distant fishing fleet in
the world. Chinese boats engaged in IUU fishing accounted for between 2,000 and
5,000 hours of fishing per month in Indonesian waters. This was ten times greater than
the second largest IUU fishing country, Thailand. An analysis of satellite imagery and
other sources revealed that Chinese illegal fishing hours had dropped to near nil. Part
of this reduction was attributed to superior Chinese technology on its fishing fleet that
enabled boats to escape.
In sum, IUU fishing is not a problem of China versus ASEAN but a regional problem in
which fishing boats from China and some ASEAN member states are engaged in IUU
fishing. In other words, this is a non-traditional security threat posed by non-state
actors. This prompted Indonesia to include illegal fishing as one of the areas to be
addressed cooperatively in the ASEAN- China. Single Draft South China Sea Code of
Conduct Negotiating Text adopted in August 2018.