Thursday, April 28, 2016

Photo of the Day - Hazardous child labour


Hazardous child labour is defined by Article 3 (d) of ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (No. 182) as:

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

More specifically, hazardous child labour is work in dangerous or unhealthy conditions that could result in a child being killed, or injured and/or made ill as a consequence of poor safety and health standards and working arrangements. Some injuries or ill health may result in permanent disability. Often health problems caused by working as a child labour may not develop or show up until the child is an adult.

Hazardous child labour is the largest category of the worst forms of child labour with an estimated 115 million children, aged 5-17, working in dangerous conditions in sectors as diverse as agriculture, mining, construction, manufacturing, service industries, hotels, bars, restaurants, fast food establishments, and domestic service. It is found in both industrialised and developing countries. Girls and boys often start carrying out hazardous work at very early ages. Worldwide, the ILO estimates that some 22,000 children are killed at work every year. The numbers of those injured or made ill because of their work are not known.

 

To Live Or Let Die: Debate On Euthanasia Rages On In India – Analysis



Most recently, Canada and Switzerland have faced crisis regarding suicide tourism and misuse of domestic laws concerning euthanasia. The rising occurrence of such incidents has once again revived the old debate vis-à-vis ‘right to life’ vs. ‘right to die with dignity’. There are a number of countries like USA, Netherlands, Norway, and Mexico who have legalized passive euthanasia. India joined this club, when in March 2011, the Supreme Court of India passed a historic judgment-law permitting ‘passive euthanasia’ in the country, and thus becoming the first Asian country to legalize it. Before this, euthanasia was a criminal homicide in the country. This indeed was a remarkable event in the history of human rights law in India. However, in the present-day Indian context, this issue is highly debated, ambiguous, convoluted and risky.

Sir Francis Bacon coined the term ‘euthanasia’ in 17th century. ‘Passive euthanasia’, popularly known as ‘mercy killing’ is the withdrawal of medical treatment with the deliberate intention of causing the patient’s death. For example, if a patient requires kidney dialysis to survive and cannot find resources to this effect, or even on the consent of the patient/relatives, the doctors can disconnect the dialysis machine, letting the patient to die soon. This form of euthanasia is different from ‘active euthanasia’ where the death is caused by use of lethal substances instead of taking recourse to the ‘natural’ route.

Literally meaning ‘good death’, euthanasia finds itself among one of the most debated issues in human rights law around the world. In the times of welfare nations where the state regulates every aspect of human life from pre-birth to post-death scenario, laws regarding euthanasia are most susceptible to state intervention. This debate is based primarily on state-jurisdiction over citizen’s life vs. individual’s right to self-determination.

Proponents of euthanasia in India perceive it as an act of humanity toward the terminally-ill patients. They believe that the patient and family should not be forced to suffer through a long and painful death, even if the only way to alleviate the suffering is through suicide or mercy killing. They also criticize the demarcation drawn by the judiciary and the religious organizations between active and passive euthanasia. It is argued that withdrawal of life support or ‘passive’ euthanasia, actually involves taking an active step to hasten the death of a terminally-ill patient and it is the patient’s consent which lends legitimacy to the act. Another argument raised by proponents of legalization is that merely knowing that one can control the timing and manner of death serves as a form of “psychological insurance” for dying patients. In other words, knowing there can be an escape from the suffering of illness may alleviate some of the stress associated with the dying processes. Most importantly, in a country like India where proper medical services are exclusive and costly, mercy killing may actually appear to be the ‘due process’ in some cases.

The Apex court’s legalization of euthanasia was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015. The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law: (I) the brain-dead for whom the ventilator can be switched off, (II) those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications. This law places the power of choice in the hands of the individual, over government, medical or religious control which sees all suffering as ‘destiny’.

Before this momentous verdict, much confrontation was witnessed between human rights activists supporting ‘right to die with dignity’ and the governing law of the land. The constitutional provision on fundamental right to life has also been greatly contested. The question whether Article 21 includes right to die or not first came into consideration in the ‘State of Maharashtra v. Maruti Shripathi Dubal’ case. It was held in this case by the Bombay High Court that ‘right to life’ also includes ‘right to die’ and Section 309 was struck down. The court clearly said in this case that right to die is not unnatural; it is just uncommon. However, in the case Gian Kaur v. State of Punjab it was held by the five judge bench of the Supreme Court that the ‘right to life’ guaranteed by Article 21 of the Constitution does not include the ‘right to die’. The Karnataka high court in September 2010 however, argued that Sections 306 and 309 of the IPC, which relate to suicide, go against Articles 14 and 21 of the Constitution. It pointed out during a case that Article 21 grants the right to life, but that does not imply that one has a right to death. Thus, confusion persisted among top judicial bodies itself while figuring out what stand should be taken in such cases.

It is to be noted that in a country where the basic human rights of individuals are often left unaddressed, inequality and exploitation is omnipresent, illiteracy is rampant and medical assistance and care is inadequate, issues related to euthanasia might appear as irrelevant. Some human rights organizations in India are skeptical about euthanasia due to the ambiguity present in laws can be misused against vulnerable groups in the society, such as poor, child, woman, elderly etc. In a society where ignorance is bliss and social justice is not easily attainable, mercy killing may turn into ‘right to kill’ from ‘right to die’. Sometimes, the patient may not seek to die willingly, but under psycho-social pressure.

Legislative dubiousness mounts a challenge too. The IPC Section 309 under which suicide under any circumstance is a punishable offence is an example of legislative ambiguousness present. Moreover, instances of unethical practices in health care sector are reported regularly. End-of-life issues are major ethical challenges for present-day medical sciences in India. Religious heterogeneity and lack of a common consensus on the issue takes this debate a step further towards complexity. From Christianity and Islam to Jainism and Hinduism, there are differing perspectives on mercy killing which paralyses the enforcement of a common law regarding euthanasia. Pessimism regarding mercy killing in India also prevails by citing the cases of western countries that have lately been facing problems like ‘suicide-tourism’ and flawed ‘assisted suicide’.

The debate over euthanasia is never ending in the Indian context. Though the Supreme Court judgment has provided a major boost to pro-euthanasia activists, it has a long way to go before mercy killing becomes a realizable process. Moreover, concerns for its misuse remain a major issue which ought to be addressed before it becomes a law in our country. Without a proper regulatory body, passive Euthanasia cases will remain under high risk. Therefore, quick and clear legislation is required along with a strict monitoring authority. A separation between voluntary and involuntary Euthanasia must be assured in all circumstances. The duty of the law-making authority would be to make the process of deliberate death free from external psychological pressure and social misnomers. One of the safeguards can be that a proper quasi-judicial authority having a proper knowledge in the medical field can be appointed to look into the request of the patient and the steps taken by the doctor. The financial condition of the patient and/or of those who are bearing the cost of treatment also must be considered.

To sum up euthanasia can put an end to the suffering of long-term ‘no-cure’ illnesses, by death. Passive euthanasia is subtle in nature. Moreover, seeking death plea may be unusual, but not unnatural. Pain, peace and happiness are subjective feelings, so the point at which one experiences intolerable pain to end up life may be different from someone who has more tolerance to pain. This point must be kept in mind during law-making process.

*Preety Sahu is an MPhil. student at the School of International Studies, Jawaharlal Nehru University, New Delhi.

 

Indonesia Hunt for Terrorist Santoso continues


Malaysians may be excused for not realising that there is a global manhunt for Indonesia’s “most wanted terrorist” — Santoso, alias Abu Wardah. Australian mainstream media have admitted that few Australians have heard of Santoso. He is described by the West Australian online portal as “the mastermind of a series of attacks on police, military and civilians in Central Sulawesi”.

He has, so far, evaded capture, despite continuous efforts by authorities for more than two years.

Santoso is the leader of the Mujahidin of Eastern Indonesia (Mujahidin Indonesia Timur, MIT), an offshoot of Jemaah Islamiyah (JI), the group responsible for the 2002 Bali bombings. In May 2011, Santoso was believed to have killed two policemen in Palu, Central Sulawesi’s capital. Santoso and his men have also been linked to the beheadings and kidnappings of villagers.

Last month, the United States declared Santoso a “specially designated global terrorist” after it was revealed that he had received funding from Syria. Santoso has openly pledged allegiance to Islamic State leader Abu Bakr al-Baghdadi. In a short note issued to the media, the US State Department said: “Today’s action notifies the US public and international community that Santoso is actively engaged in terrorism.”

The effect of this is that Santoso and MIT members now face the possibility of US sanctions. The designation also enables unspecified actions by American law enforcement agencies against Santoso and his followers.

Last December, the Jakarta Post reported that security forces had stepped up the manhunt in the thick jungles of Poso in Central Sulawesi, where Santoso is thought to be hiding.

The joint operation (involving the police, its elite counter-terrorism unit and the Indonesian military) has been beefed up as the task force believes it is closing in on the remaining members of MIT.

Three suspected militants were arrested near Parigi Moutong, a province of Central Sulawesi. Santoso’s group recently uploaded a video clip on YouTube, showing him reading an oath of loyalty to al-Baghdadi.

In the footage, Santoso sported a white gamis (an Arab-style shirt) and black turban. He was standing in the middle of a group of men. One of them held the IS flag and many were armed with M-16 rifles.

Indonesian police believe that the oath-taking took place at Gunung Biru, Poso Pesisir, on June 3, 2014.

“We are optimistic we can apprehend Santoso and his group. It’s only a matter of time,” said Central Sulawesi police chief Brigadier-General Rudy Sufahriadi.

On April 16, Indonesia’s National Counter-terrorism Agency (NPT) head Tito Karnavian said Santoso’s group was having logistics problems and growing weaker.

He said two men from the group who emerged from their hideouts to buy food in Palu were arrested. Tito said the group’s numbers had been reduced from 41 to 27, including two women.

According to Indonesian media reports, over the past decade more than 50 Indonesian foreign fighters have died in Syria and more than 80 have returned to Indonesia.

Sulawesi’s porous borders have made the port city of Makassar a place of transit for those seeking to join IS as well as Santoso’s group.

Local government officials are now demanding that Jakarta commit more resources to security operations in Sulawesi

Earlier this month, Indonesia’s National Police chief General Badrodin Haiti said police would continue to hunt for Santoso and his group until all of them were captured.

We fervently hope the Indonesian authorities can capture their most wanted terrorist soon. We do not wish to see Santoso and his men making their way across the Makassar Strait, northwards through the Celebes Sea to seek shelter or sanctuary on the eastern shores of Sabah or the islands off Sabah. We certainly do not wish him to form an alliance with the Abu Sayyaf terrorists of Jolo and Basilan islands.

Salleh Buang served at the Attorney-General’s Chambers before he left for practice in the corporate sector and, then, academia

 

How can an admitted mass murderer be the Filipono people’s most popular president-to-be?



Davao City Mayor Rodrigo Duterte boasts of having killed thousands of “bad” people. He proudly displays the morals of a monster, making a sick and cruel, disrespectful joke about the Australian lady Christian missionary who had been slain by rapists. And he makes stupid and unattainable claims of achieving great things within six months of assuming the presidency that he could not achieve in Davao City after running it for decades.

He has cursed – with a “putangina” – the Holy Father Pope Francis for causing him to suffer heavy traffic inconvenience last January. And he loves to use foul language, not only in his campaign sortie speeches but even on the air on radio and TV, claiming untruthfully that the use of dirty Tagalog and Cebuano words that mothers and teachers labor to keep their children from uttering is how men normally talk.

He has also paraded at least two of his mistresses before his audiences. And he proudly taunts other men for not being like him in managing to copulate with many women in addition to his wife.

Some fools have been taken in by his propaganda that with him as its mayor Davao City has been the cleanest, most orderly, crime-free and best-governed. The most superficial look at Davao will yield the truth, which gives the lie to his propaganda.

And he proudly says that he has killed, executed criminals, numbering more than 1,500, without bothering with the proper and legal processes.

He has by admission and behavior proved to be the worst kind of man who should become a public official. By his own admission of misdeeds and the inability to control his impulses, he should be the last man to be considered for any government office. Because of his lack of virtues (although he claims to be clean and uncorrupt), he should not even be considered for the position of office janitor (many of whom are among the most moral and virtuous Filipinos).

So what kind of people have we, Filipinos, become that a person like Rodrigo Duterte looks like he would be elected President of our Republic if the election were held today?

Mr. Tiglao has expounded on the paradox of how a Christian nation could have Duterte as the leading candidate for president. We think he made a mistake in accepting the premise that the Philippines is a “Christian nation.” Alas we Filipinos are not generally a Christian people. It is true that possibly 80 percent of all Filipinos are born in a Christian (mainly Catholic) family and get baptized into mainly the Catholic Faith, with the rest being baptized and enrolled in the various non-Catholic Christian denominations.

But how many of us really take the fundamental articles of the Christian Faith seriously? Roman Catholic attendance at ordinary Sunday Mass does not even quite reach 25 percent of total membership. Maybe members of the different Protestant sects are more faithful and diligent.

That should explain why the Philippine government is one of the most corrupt in the world.

It should therefore not surprise anyone to see that Rodrigo Duterte and his monstrous ways attract a great number of Filipinos.

Manila Times

Seventeen Australians on or facing death row a year after Bali Nine deaths - A year after the Bali Nine executions, Indonesia prepares firing squads again


Seventeen Australians on or facing death row a year after Bali Nine deaths - A year after the Bali Nine executions, Indonesia prepares firing squads again


Maria Elvira Pinto Exposto, a grandmother from Sydney, faces death by hanging if convicted in the Malaysian high court of smuggling 1.1kg of ice. Photograph: Azhar Rahim/EPA

Figures show Australian federal police provided information for ‘potential death penalty situations’ 74 times in past year.

In the year since Andrew Chan and Myuran Sukumaran faced an Indonesian firing squad, their wishes appear to have been posthumously granted, at least in part – no more Australians have been added to the list of those potentially facing the death penalty.

But of at least 17 Australians still thought to be at risk of execution overseas, life on death row has become a grim reality for at least one man and the fate of another could be known within days.

On the anniversary of the execution of Chan and Sukumaran over a thwarted plan to smuggle heroin out of Bali, the Department of Foreign Affairs and Trade did not respond when asked how many Australians in jail could face capital punishment.

It is understood there has been no change to the number Dfat confirmed last year, with groups including the New South Wales Council for Civil Liberties not aware of any new cases.

A year after the Bali Nine executions, Indonesia prepares firing squads again


But, in the past year, the prospect of execution drew closer for a former Adelaide jockey given a suspended death sentence in China for smuggling ice.

And a verdict on another ice smuggling case in China, which will decide the fate of a young dual Australian and New Zealand citizen, could be just days away.

The two men are among as many as 11 Australians thought to be held over drug prosecutions in a single southern Chinese city, Guangzhou. The possibility of execution by lethal injection or firing squad looms for all of them.

In Malaysia, an Australian woman could be hanged if found guilty of drug smuggling. In Vietnam, a Sydney man faces the prospect of secret execution by lethal injection of locally manufactured chemicals of “unknown efficacy”, according to Amnesty International.

While the number of Australians on or facing death row held steady, the level of involvement by the Australian federal police in transnational investigations that could result in death penalties declined – but was still significant.

Figures provided to Guardian Australia show the AFP provided information for investigations known as “potential death penalty situations” 74 times in the past year.

This was down from 100 times in 2014 and 89 times in 2012 but more than the 50 times in 2013.

Of those 74 information exchanges in 2015, 11 of them were with the approval of Michael Keenan, the minister for justice, as required in cases where suspects are already charged or convicted.

It is not known how many of these related to Australian citizens.


Indonesia’s President’s State Drama and the Exiled Compatriots


 

President Joko “Jokowi” Widodo is not a king nor does he behave like one. But like royal visits, visits by Indonesian heads of state to the Netherlands have all been marked by dramatic moments — albeit in various forms. The first such visit, in the 1970s, came amid a climate of growing concerns and protests in Europe against military dictatorships in Asia, Latin America and Africa.

President Soeharto’s arrival on Sept. 2, 1970, turned the city of The Hague and the Huis ten Bosch Palace into a dramatic scene of war against protestors. Assigned to drive the car carrying minister Widjojo Nitisastro, I was able to see how the security, much to the annoyance of the guests, had been prepared to the maximum. The planned three-day visit was eventually cut to just one.

The second visit was by president Abdurrahman “Gus Dur” Wahid on Feb. 3, 2000 — only two years after the fall of General Soeharto. It was the time of the introduction of a new era — the era of openness and democracy. Gus Dur arrived just days after his unexpected dismissal of military chief Gen. Wiranto — the first of its kind in Indonesian history.

Gus Dur was particularly warmly welcomed, becoming the first Indonesian president to address the Dutch parliament.

At a ceremony, he told Queen Beatrice “Your Majesty, here I am, a blind president with a wife in a wheelchair.” The Queen responded with a smile expressing respect and sympathy. Addressing his many friends in Holland, Gus said, “I told you, didn’t I, that I’d be president of Indonesia.”

Gus Dur created his own dramatic moments as he proudly introduced the new Indonesia. Soeharto’s drama, by contrast, was caused by his dictatorial regime. The third drama ironically happened because of a serious misunderstanding of a democracy based on the principles of Trias Politica.

On Oct. 5, 2010, president Susilo Bambang Yudhoyono was about to board a flight when he abruptly cancelled his visit, worried the Dutch would respond to the demands made by the Republic of the South Moluccas ( RMS ) separatist group to arrest the Indonesian president.

For Yudhoyono, it was apparently a timely decision to demonstrate his leadership and patriotic image. Heroism seems never redundant whenever it involves a former colonial power — as if we were still at war with them.

Likewise, on the Dutch side, war veterans opposed Queen Beatrice’s plan to attend the 50th anniversary celebration of Indonesian independence on Aug. 17, 1995, as this would suggest that they, in the 1940s, had acted as an aggressor equivalent to the German Nazis. The Queen had thus to wait in Singapore before arriving in Jakarta two days later.

Now there are no more recalcitrant war veterans and no more RMS actions demanding independence. Instead, President Jokowi is confronted with a much greater drama at home and what is left of it abroad: the fate of Indonesian exiles since 1965.

In 2000 Gus Dur met with exiles, calling them “wandering heroes”, but he was not able to restore their civil rights. Yudhoyono, who enjoyed being among the world’s top Who’s-Who, never really showed much concern for them.

Jokowi, a simple man who’s not shy about his simplicity, likes to listen to people’s concerns. Taking a break from his business agenda, he approached his compatriots in the streets, talked at a hotel and visited Indonesian students in Leiden.

Unfortunately, there was no chance given to this first president with no link to the New Order regime to meet exiled compatriots at exactly the same time his government at home was sponsoring a historic symposium to publicly discuss, for the first time, the tragic impact of the 1965 genocide.

The Indonesian Embassy in The Hague apparently failed to see the significance of the opportunity for President Jokowi, who has promised to resolve the 1965 tragedy, to meet with exiles and compatriots concerned with the continuing impunity.

Fortunately, and surprisingly, though, Francisca C. Pattipilohy, accompanied by fellow exile Soengkono, bravely found her way to shake the hand of the President and deliver a letter from the International People’s Tribunal of Crimes against Humanity 1965 ( IPT ).

“Yes, I’m aware, I’m aware,” said the President as he received the letter, which urged the Indonesian state to proceed with the findings of Indonesia’s national commissions on human rights and violence against women.

Had there been a dialogue, the President would have acquired greater understanding of the depth of the problem — how stigmatizing and humiliating it was for hundreds of exiles to be denied civil rights to live safely in their own homeland.  

For Tante Cisca, as Francisca is affectionately called, it was a precious moment. Once outside the hotel she cried and proudly said “I did it! Oh, after 48 years I’m meeting and talking to an Indonesian president.” She then rejoined the IPT rally, which rejected any “reconciliation without uncovering the truth”.

Francisca, 90, a translator exiled since 1968, and her husband Zain Nasution, a journalist who died in prison in 1975, could have been among the nation’s heroes. In the 1940s Francisca joined the Zain-led Indonesian student bond in Holland, the RUPI. Both were members of the famous Perhimpoenan Indonesia ( PI ), the nation’s independence movement, which first used the term “Indonesia” and the members of which included founding vice president Mohammad Hatta.

Zain and Cisca were passionate fighters. They protested against Dutch aggression by returning their Malino scholarships in 1948 and returned home only to be persecuted and left in detention in December 1965.

It’s not clear what recommendation the government commission in July will present to the President and what approach he will take to resolving the festering wound of 1965. That will presumably be the thorniest question for President Jokowi.

He will have to decide whether to follow the lead indicated by his politics and security minister Luhut Pandjaitan, who vehemently rejected any apology to the millions of innocent victims affected by the 1965 tragedy, or whether to issue an apology on behalf of the state and bravely seek a way — his own way — to resolve the issues by listening carefully to the suffering survivors.

The writer Aboeprijadi Santoso is a journalist formerly with Radio Netherlands.

 

Scarborough Shoal: China throws the US pivot a lifeline

After a shaky week, the pivot to Asia got a lifeline from an unlikely source—the People’s Republic of China. The PRC apparently let it be known through public channels that island-building Scarborough Shoal was a distinct possibility.  This gave credence to the recent high-profile commotion over Scarborough Shoal—recently marked by a close approach by A-10 “Warthog” fighters and HH-60G Pave Hawks helicopters (used for special ops insertion and extraction)—as something more than self-serving alarmism by China hawks at the Pentagon.

Building on Scarborough Shoal would be pretty much legal.

But it would be pretty outrageous for a variety of reasons.  First off, a look at the map reveals the shoal is very close to the main Philippine island of Luzon and would fall within any reasonable Philippine Exclusive Economic Zone. Second, there are no existing structures on Scarborough Shoal, so island building would be a flagrant breach of the ASEAN Code of Conduct standstill agreement.  Third, putting a runway on the Shoal would create a plausible military threat to Philippine and US military facilities on Luzon.

But the PRC seems to be stating its determination to (mixing metaphors here) pour gasoline on the smoldering South China Sea fire and provide much-needed oxygen to pivoteers in Washington.

First off, a call for tender for island building the Scarborough Shoal found its way on to the Internet.

Then, at the South China Morning Post on April 25, Minnie Chan reported that according to “a source close to the PLA Navy”:

China will start reclamation at the Scarborough Shoal in the South China Sea later this year and may add an airstrip to extend its air force’s reach over the contested waters…

A measure of confirmation of these external signals was provided by the distribution on Sohu’s military channel of an article by the popular Xinhua tabloid “Reference News” (Cankao Xiaoxi) citing the SCMP report.

The Reference Times piece also assembles recent “escalating tensions” overseas reporting concerning the South China Sea (including a statement that the UNCLOS arbitration “expected end June” will probably go against the PRC, an acknowledgement I haven’t seen elsewhere in Chinese media).

Provocative statement lost in translation?

It also translates (with some liberties) some incendiary remarks made by a high-profile PRC international relations boffin, Shi Yinghong, to Peter Hartcher and published in the Sydney Morning Herald on April 26, 2016.


“China,” Shi explains, “must be number one in diplomatic influence and economic clout and maybe in [military] force. It wants to prevent the US military’s freedom of navigation eventually, and gradually squeeze Vietnam, the Philippines and all the others out of the South China Sea.” This is precisely what the region’s governments fear.

Xi is a decisive leader, says Shi, who “shows that he has guts – he’s not afraid of confrontation.”

“He wants the support of the people and the support of the military and he wants to win glory. He believes in China’s historical greatness.” In this, Shi says, the president is at one with the Chinese public: “Xi is China. Chinese citizens are more nationalistic and triumphalist than ever before. In this sense, Xi represents the people.”

China’s claim to about 90% of the South China Sea is based on “land left by our ancestors – it is sovereign and sacred and Xi’s policy is not to concede even one inch”.

Amusingly, the editors at Reference News omitted the “Xi is China” statement and substituted “China” for “Xi” in the final statement, presumably to avoid that “Red Emperor” vibe.

The most provocative statement by Shi was, per the Sydney Morning Herald that “[China]  wants to prevent the US military’s freedom of navigation eventually, and gradually squeeze Vietnam, the Philippines and all others out of the South China Sea.”

For perhaps a better understanding of what the PRC perhaps intends to convey, it’s probably advisable to go to Reference News’ Chinese version, which translates as “In the end, China hopes to end the “Freedom of Navigation” operations of the US military.” It omits the rather idiotic “squeeze” statement.

The interesting point was not that Shi said this, or that Peter Hartcher, a China hawk, eagerly trumpeted it. PRC triumphalism is Shi’s default posture and this was the usual hardline blather. The interesting points are that he made these statements to the Sydney Morning Herald at a rather sensitive time for the pivot (assuming they were made recently and were not some time ago, to be held in inventory by the SMH for deployment at an opportune moment) and, more significantly to me, that the statements were broadcast domestically, indicating a certain measure of official endorsement.

Sub slap to Japan

The pivot actually had a tough, unsettling week, capped by Australia’s bewildering announcement that it would be taking its A$50 billion submarine business, not to Japan, but to France.  Quite a poke in the eye to US pivoteers, who wanted to see Japan a) rewarded for its move to collective self defense (which, also, for the first time, enables arms exports) and b) more deeply embedded in the regional pivot security architecture.

Also near the top of the list of headaches was the surge of populist hard head Rodrigo Duterte to the top position in polling for the Philippine presidential election. Duterte is no friend of the PRC, but he’s also suspicious of the staying power and motives of the United States and Australia.  As caricatured in the Philippine press, his “West Philippine Sea” strategy is to ride a Jetski to an island claim, shake his fist at China, and demand parlay.

Bilateral parlay is, of course, the PRC’s preferred mode of engagement with its smaller Asian neighbors and the PRC has been engaged in a public relations blitz to advance the bilateralism theme, one that has attracted the scorn and nervous laughter of pivoteers around the world.

The PRC’s announcement that Gambia endorsed its position on the UNCLOS arbitration was, not surprisingly, widely mocked.

More anxiety than laughter was expended on the PRC announcement that Laos, Cambodia, and Brunei had endorsed the PRC position that SCS disputes should not affect relations with ASEAN. Pivoteers noted that these countries had not openly acknowledged the PRC assertion, opined the PRC was making stuff up, and excoriated China for “trying to split ASEAN.”  However, as the local report on Foreign Minister Wang Yi’s Brunei press conference reveals, the PRC is actually pursuing a rather canny approach:

The foreign minister said both countries agreed that the “dual track approach” is the most realistic and peaceful way to handle territorial disputes in the sea.

In the past Brunei described this dual track as the ‘bilateral approach and the regional approach’ – sovereignty claims are discussed and negotiated bilaterally, while the overall peace and stability is upheld by ASEAN and China.

Wang added that certain countries – declining to name any specific nation – were introducing “destabilizing elements” to the South China Sea and jeopardizing peace. “Any violation of the dual track approach will lead to a situation where ASEAN’s overall interests is impeded or hijacked by certain countries for its own selfish interests and the overall stability might be undermined by the interference by some outside force,” he said.

In other words, ASEAN respected but bilateral issues discussed bilaterally.

The security minister of Indonesia appeared in Beijing for bilateral security discussions, demonstrating that despite the outrage apparently inflicted on its fisheries patrol boats in Indonesian territorial waters by the PRC Coast Guard, Indonesia was not signing on to the US-advocated united front strategy.

The PRC Ministry of Foreign Affairs also announced that the bilateral approach was advancing in boundary delimitation discussions with India, South Korea, and Vietnam.

So, here we have the PRC cleverly playing a tricky regional hand in anticipation of losing the UNCLOS arbitration and being on the receiving end of a lot of criticism for its high-handed disregard of international law in ignoring the judgment.  It’s sending the message bilateralism is the most effective way to deal with the PRC, and other states should stand aloof from the PRC-Philippine dispute and resist suggestions they club together to make joint demands on the PRC.

On the other hand, PRC mouthpieces apparently start making inflammatory statements about challenging the US in the West Pacific, asserting the most maximalist claims concerning the area within the Nine Dash Line, and threatening to build up Scarborough Shoal, thereby supporting the US narrative of China as an aggressive revisionist power that needs to be reined in through collective action.

If this tough talk is not just amplified pivot static, the PRC is probably trying to quarantine the Philippines dispute from the rest of ASEAN while signaling its resolve to deter more muscular action by the US — perhaps like escorting Philippine fishing vessels trying to enjoy their newly affirmed EEZ rights or openly convoying relief ships to the Philippines beached-freighter outpost on Second Thomas Shoal– after the UNCLOS judgment comes down.

PRC escalating naval tactics?

Pivoteers reflexively dismiss any talk of the PRC confronting the US Navy as bluff, indeed a welcome bluff to be called, and certainly the PRC maritime doctrine to date has been based on beating up on over matched local vessels while avoiding humiliating encounters with the US Navy.

However, the PRC may have decided that a paradigm shift is called for, and the suggestion of overt US military backing of the Philippines in the South China Sea may have to be met with a threat of, if not Armageddon, some genuine passive-aggressive harassment.  The PRC did deploy some “fishing boats” to interfere with a US naval vessel, the USS Impeccable, as it conducted military surveys within the PRC EEZ in 2009, and the Soviet Union has established a precedent for “bump & run” challenges to US FONOPS in the Black Sea.

In other words, the PRC could be assembling a portfolio of escalating confrontational tactics, to be deployed if the US steps up its support of the Philippines — and perhaps culminating in sharp-elbowed jostling over a potential PRC island-building project on Scarborough Shoal.

Peter Lee runs the China Matters blog. He writes on the intersection of US policy with Asian and world affairs.