Mr Hu Xijin
Dear Editor-in-Chief Hu,
1 The Global Times (Chinese) article dated 21 September 2016 regarding the 17th Non-Aligned Movement (NAM) Summit attributed actions and words to Singapore which are false and unfounded.
2 Firstly, the proposal to update the Southeast Asia paragraphs in the NAM Final Document was not done at the last minute nor by any single ASEAN country. There was a common and united ASEAN position. It was a consensus position of all ten ASEAN members, based on agreed language from the Joint Communique of the 49th ASEAN Foreign Ministers Meeting. As the current ASEAN Chair, Laos conveyed the group’s common position through a formal letter to the former-NAM Chair Iran in July 2016. Subsequently, Iran circulated ASEAN’s updates to all NAM Members on 29 July 2016.
3 Secondly, the NAM Chair refused ASEAN’s request to abide by the established practice in NAM for regional groupings to update the paragraphs of their respective regions in the NAM Final Document, without interference from non-regional NAM countries or external parties. If this important principle is not respected, any non-regional NAM member or external element could in future impose their views on any regional issue. This is not in the interests of the NAM and its members. The paragraphs on Southeast Asia, including those referring to the South China Sea, have been part of the NAM Final Document since 1992, and regularly updated based on the common position of the ASEAN countries.
4 Thirdly, contrary to the claim fabricated by the Global Times, the Singapore delegation did not raise the South China Sea or the tribunal ruling at the NAM Summit. Singapore adopted a principled position throughout and intervened to support the common position of ASEAN and defend NAM principles and established practices. Singapore believes that it is detrimental to the unity, impartiality and future of the NAM to allow NAM principles to be undermined.
5 The following additional facts clearly refute the allegations in the article:
i. Only a very small number of NAM Members outside Southeast Asia raised objections to ASEAN’s updates at the NAM Senior Officials’ Meeting at Margarita Island. However, substantive discussions were regrettably blocked.
ii. As Chairman of ASEAN, Laos protested on behalf of all ten ASEAN countries to the NAM Chair on its improper decision to reject ASEAN’s updates. Several other countries also objected to the breach of this well-established NAM principle.
iii. At the end of the 17th NAM Summit, Laos as Chair of ASEAN wrote to the Venezuelan Foreign Minister to put on record ASEAN’s collective reservation to a paragraph in the Southeast Asia section of the NAM Final Document that was not updated. The ASEAN Chair further requested that ASEAN’s proposed language be annexed to the NAM Final Document. A copy of the letter from Laos as Chair of ASEAN is attached.
6 We are disappointed that an established newspaper published this irresponsible report replete with fabrications and unfounded allegations with no regard for the facts. I request that in the interest of professionalism, objectivity and transparency, Global Times publishes this letter in full in Chinese and English, so that your readers may be accurately informed, and the close friendship between our two countries will not be inadvertently affected.
STANLEY LOH (罗家良)
to the People’s Republic of China
iii. 第17届不结盟运动峰会结束时，作为东盟主席国，老挝向委内瑞拉外交部长致信，明确指出东盟对于不结盟运动最终文件中涉及东南亚部分的未被更新的段落，集体持保留意见。东盟主席国要求把东盟的更新提案，附在不结盟运动的最终文件, 作为一个附录。随此函附上东盟主席国老挝的信函复件。
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
18 September 2016
Isla Margarita, Venezuela
H.E. Delcy Rodriguez Gomez
Minister of Foreign Affairs
of the People’s Power for Foreign Affairs
of the Bolivarian Republic of Venezuela
I would like to extend my friendly greeting to Your Excellency, and on behalf of 10 ASEAN member States attending the XVII NAM Ministerial Meeting, namely Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippine, Singapore, Thailand and Viet Nam, have the honour to reiterate that the question of South China Sea is a matter of vital interest for peace stability, security and cooperation in South East Asia. From the very beginning, ASEAN with a high respect to Venezuela Chair of XVII NAM Summit and with the strong aspiration to contribute to the success of this XVII NAM Summit, has been requesting extensive discussion and consultation with interested NAM members to reach an agreement on the issue.
Unfortunately our cooperative spirit and our constructive efforts have not been reciprocated. ASEAN, with a very deep regret and with the high respect to the President of the Bolivarian Republic of Venezuela as the Chair of the XVII NAM Summit and to all distinguished NAM members, has to reiterate that ASEAN is not in a position to accept the paragraph relating to the South China Sea numbered 449 as reflected in the draft NAM Final Outcome Document received by member countries in the morning of 18 September 2016, as it does not reflect the current developments in the region. We would like to request the NAM Chair to put on record our reservation and incorporate in the NAM Final Outcome Document our reservation in the form of an Annex as follows:
“The Heads of State or Government reiterated the call to solve all sovereignty and territorial disputes in the South China Sea by peaceful means, without resorting to force and/or the threat to use force, in accordance with the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea and the Charter of the United Nations. In this context, they urged all parties to ensure the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea in its entiretyto build, maintain and enhance mutual trust and confidence, to exercise self-restraint in the conduct of activities, and to work expeditiously for the early adoption of an effective Code of Conduct, which would help to promote international peace and stability in the region, with a view to creating a positive climate for the eventual resolution of all contentious issues, as mentioned in paragraph 2 of the Joint Commmunique of the 49th ASEAN Foreign Ministers’ Meeting in Vientiane, Laos dated 24 July 2016. They expressed their hope that all parties concerned would refrain from any actions that may undermine peace, stability, trust and confidence in the region. The Heads of State or Government shared serious concerns over recent and ongoing developments in the South China Sea and took note of the concerns expressed by some ministers/leaders on the land reclamations and escalation of activities in the area, including the increased presence of military assets and the possibility of further militarization of outposts in the South China Sea, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region. They emphasized the importance of non-militarisation and self-restraint in the conduct of all activities, including land reclamation that could further complicate the situation and escalate tensions in the South China Sea. They reaffirmed the importance of and their shared commitment to maintaining peace, security, stability, the freedom of navigation in and over-flight above the South China Sea, as provided for by the universally recognized principles of international law. To this end, they welcomed the adoption of the Guidelines for the Implementation of the Declaration on the Conduct of Parties in the South China Sea in July 2011 in Bali and the Joint Statement of the 15th ASEAN-China Summit on 10th Anniversary of the Declaration on the Conduct of Parties in the South China Sea in November 2012 in Phnom Penh. The Heads of State or Government also welcomed the Joint Statement by the Foreign Ministers of ASEAN Member States and China on the Full and Effective Implementation of the Declaration on the Conduct of Parties in the South China Sea on 25 July 2016 in Vientiane. They further welcomed the positive contribution of the consultations at ASEAN-China dialogues, and the regular exchange of views at relevant ASEAN-led fora, and encouraged their continuance. The Heads of State or Government welcomed the progress made on some of the Early Harvest Measures, which includes adopting a 24-hour MFA-to-MFA hotline for maritime emergencies. They noted the ASEAN-China 25th Anniversary Commemorative Summit on 7 September 2016 in Vientiane, the 17th Joint Working Group on the implementation of the DOC on 8 June 2016 and the 12th Senior Official’s Meeting on the implementation of the DOC on 9 June2016 in Ha Long Bay, Viet Nam.”
Therefore, ASEAN expresses its reservation on paragraph 449 of the XVII NAM Final Outcome Document, and with your permission, kindly requests that its reservation and this letter be put on record and included as annex of the Final Outcome Document.
Please accept, Excellency, the assurances of my highest consideration.
SOM and Ministerial Leader of the Lao delegation