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