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Thayer Consultancy Background Brief

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Malaysia: Did Prime Minister
Mahathir Sanction Free for All
in South China Sea?
June 24, 2018

Q. What is your assessment of Prime Minister Mahatir's South China Sea policy?
ANSWER: Prime Minister Mahathir’s recent interview with the South China Morning
Post did little to clarify Malaysia’s policy to the vexed issue of militarization of the
South China Sea. Mahathir stated he wanted Malaysia to retain the four or five
features that it occupied. He called for the number of warships plying the waters in
the South China Sea to be reduced. He said, “I think there should not be too many.”
And he suggested small patrols boats should be used to counter piracy.
Remarkably, Mahathir - in so many words - sanctioned a free for all by claimants as
long as Malaysia retained control over its land features. He said, “So, we want to
retain, of course, about four or five islands that we have occupied. The rest – whoever
thinks it is theirs, they can occupy.” This is precisely what China has done. China has
constructed seven artificial islands and militarized them. The Arbitral Tribunal that
ruled in the case brought by the Philippines against China stated that two of these
features, Mischief and Subi Reefs, were low-tide elevations and not subject to
appropriation. Mahathir’s statement leaves the door open for China to seize and build
on other unoccupied features.
Instead of calling for the reduction of the number of warships in the South China Sea,
Mahathir should have called for demilitarization of occupied features, a halt to the
permanent stationing of warships near claimed features, and a moratorium on the
conduct of provocative naval exercises in the South China Sea.
Warships from many nations regularly transit the South China Sea to and from anti-
piracy deployments off the horn of Africa. Many warships in transit make friendly port
calls. These warship transits are not the primary source of tension.
Although Mahathir identified piracy as a key concern, he said nothing about the role
of regional Coast Guards. On the one hand, the Coast Guard is the service best
equipped for a constabulary role. On the other hand, ships in China’s Coast Guard are
larger than ships in many regional navies. They are also armed and carry embarked
helicopters. A better idea would be to either expand or replicate the presently existing
Regional Cooperation Agreement on Combating Piracy and Armed Robbery against
Ships in Asia (ReCAAP) for the South China Sea.
Mahathir argued that the presence of too many warships would create tension. But
Malaysia conducts annual naval exercises with its Five Power Defence Arrangement
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(FPDA) partners, Australia, Singapore, Australia and New Zealand. Is he suggesting that
FPDA exercises should end? How would restricting or limiting FPDA exercises
contribute to the security of Malaysia or Singapore?
Finally, Mahathir noted that Malaysia developed “certain rocks… into islands.” Under
international law land features, such as rocks, can only claim a 12 nautical mile
territorial sea. Construction on rocks does not alter their legal character.

Suggested citation: Carlyle A. Thayer, “Malaysia: Did Prime Minister Mahathir Sanction
Free for All in South China Sea?” Thayer Consultancy Background Brief, June 24, 2018.
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Thayer Consultancy provides political analysis of current regional security issues and
other research support to selected clients. Thayer Consultancy was officially
registered as a small business in Australia in 2002.

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