On January 1, 2021, India joined the 15-nation United Nations Security Council (UNSC) for the term 2021-2022 as non-permanent member along with some other nations. This is the eighth time that India had the opportunity to sit at the UNSC table as non-permanent member. Presidency of the UNSC is held by non-permanent members by rotation for one month each. As such, India became the President of UNSC for the month of August 2021 and will again be the President of UNSC in August 2022.
Considering the importance of maritime security, Vietnam tried to push for a discussion on maritime security during its presidency of UNSC in April 2021 as non-permanent member but was unsuccessful. A similar attempt by Equatorial Guinea in February 2019 too did not succeed. However, India determined to do so during its presidency in August 2021, adopted a consensus building approach by initiating consultations among all Security Council members several months in advance and prepared a concept note that incorporated ideas of all members. With this, India was successful in ensuring an exclusive session on maritime security under the agenda item “Maintenance of International Peace and Security’.
The high-level UNSC meet was attended by the Presidents of Russia and Kenya, Prime Ministers of India and Vietnam and 10 ministers of other countries, seven of them foreign ministers including US Secretary of State Antony Blinken. China was represented by Dai Bing, China’s permanent representative to the UN. This was not surprising considering China’s guilty conscience for blatantly defaulting international laws and conventions and maritime aggression including militarization of the East China and South China Seas despite the Permanent Court of Arbitration (PCA) ruling in 2016 that Chinese activities in the SCS are illegal.
Prime Minister Narendra Modi chaired the debate on ‘Enhancing Maritime Security – A Case for International Cooperation’ on August 9 through video conferencing. He spoke of India resolving its maritime dispute with Bangladesh in conformity with international arbitration. Modi called for a cooperative framework to deal with maritime disputes, climate change and natural disasters. He proposed five principles for ensuring global maritime security: one, removing barriers from legitimate maritime trade; two, encouraging responsible maritime connectivity; three, settling maritime disputes through peaceful means and on the basis of international law; four; jointly facing natural disasters and maritime threats created by non-state actors, and; five, preserving the maritime environment and resources.
Modi said India has defined the vision of Security and Growth for All in the Region (SAGAR) based on an open and inclusive ethos for creating an inclusive structure of maritime security in our area. He added that India has been the first responder in maritime disasters related to cyclone, tsunami and pollution, and that it is important to settle maritime disputes peacefully and based on international laws.
Blinken spoke of some critical areas where maritime rules and principles are under threat by saying, “In the South China Sea, we have seen dangerous encounters between vessels at sea and provocative actions to advance unlawful maritime claims. The US has made clear its concerns regarding actions that intimidate and bully other states from lawfully accessing their maritime resources. And we and other countries including SCS claimants have protested such behavior and unlawful maritime claims in the SCS.”
Indirectly referring to China, Blinken said, “Some may assert that resolving the dispute in the SCS is not the business of the US or any other country that is not a claimant to the islands and waters but it is the business, and even more, the responsibility of every Member State to defend the rules that we’ve all agreed to follow and peacefully resolve maritime disputes. Conflict in the SCS or in any ocean would have serious global consequences for security and for commerce. What’s more, when a State faces no consequences for ignoring these rules, it fuels greater impunity and instability everywhere.”
Dai Bing representing China responded by saying that the “Security Council is not the right place to discuss the issue of the South China Sea. The US just mentioned the SCS issue and China firmly opposes this act.” He said with joint efforts of China and ASEAN countries, the situation in SCS remains “generally” stable and all countries enjoy freedom of navigation and over-flights in accordance with international law (sic). He also said the US is not qualified to make“irresponsible” remarks about SCS and that Washington has no credibility on maritime issues.
Referring to the PCA ruling on Chinese claims in the SCS, Bing said, “The SCS arbitration tribunal violated the Principle of State consent. There were obvious errors in the determination of facts and application of the law and its award was invalid and without any binding force.” Blinken again referred to the unanimous and legally binding decision five years ago by the arbitral tribunal constituted under the 1982 Law of the Sea Convention firmly rejecting unlawful, expansive SCS maritime claims as being inconsistent with international law.”
Blinken said that despite having a clear body of international law that nations have committed to abide by “the order is under serious threat”. He conveyed Washington’s gratitude to PM Modi for bringing all together for the critically important discussion on maritime security and for India’s leadership on these issues, especially in the Indo-Pacific.
Russian President Vladimir Putin called for establishing a special structure within the UN to directly deal with the issue of combating maritime crimes. He underlined the increase in maritime robberies and hostage taking, saying some countries cannot fight transnational crime syndicates, pirates and terrorists on their own. Putin said Russia promotes strict adherence to key norms and principles of international law enshrined in the UN Charter; like respect for sovereignty, non-intervention in the internal affairs of others and settling disputes through dialogue.
The exclusive first-time UNSC meet on maritime security was an excellent Indian initiative, more so because China was apparently undermining similar past efforts for fear of being singled out. PM Modi’s five-point principles which called on the UNSC to develop a roadmap for international maritime security were welcomed by all participants. China was clearly uncomfortable with majority speakers stressing on territorial sovereignty and the importance of UNCLOS.
Resultantly, the outcome document re-established the primacy of UNCLOS as the legal framework applicable to all activities including for countering illegal activities in the oceans. The document also focused on strengthening cooperation in maritime security against piracy, armed robbery and terrorist activities at sea, as also all forms of transnational organized crimes and other illicit activities.
China detailed Dai Bing for the meeting not only as deliberate snub to India but also to the UNSC. This is not surprising considering China disregarded the PCA ruling on the SCS.Moreover, China continues to illegally claim almost all of the SCS as its sovereign territory, has been building military bases on artificial islands in the region also claimed by Brunei, Malaysia, the Philippines, Taiwan and Vietnam, and has been using even its militarized civilian boat militia for muscling foreign vessels in their territorial waters.
Dai Bing’s statement that the PCA ruling on the SCS had “obvious errors in the determination of facts and application of the law and its award was invalid and without any binding force” establishes that rogue China will have to be collectively dealt through multiple resolute measures taking this exclusive UNSC meet as the basis.
Please wait...
