Could Beijing Prove Their Historical Exclusive Exercise Control Over SCS?

The long-awaited international tribunal verdict declaring that Chinese Nine-Dash Line had no legal basis came with no surprise. The July 12, 2016 verdict was just a simple ‘translation’ of what was written in UNCLOS 1982. What was new was its declaration on the fact that there was no evidence that China had historically exercised exclusive control over SCS. 

It was no surprise either that China rejected the whole verdict and declared it as null and void. They claimed that the Nine-Dash Line was nothing to do with maritime delimitation but the territorial sovereignty issue. The court has, therefore, no authority to put a hand on SCS dispute. They considered that the issue should be resolved among the conflicting nations and thus will handle it and do business as usual.

Already United States, Japan, and Australia openly demanded China to observe the Tribunal Verdict and European Union (EU) plan to do the same soon. However, no indication that ASEAN having direct interest on the SCS will follow suit, which is very gloomy, and not even a single word of sympathy uttered towards their dear college Philippine who won the case. Furiously China warned any country who criticized Chinese challenging attitude for not turning the SCS into a war arena.

Just a few days after the verdict, China announced they were planning to close off a part of the South China Sea for military exercises for a couple days. Obviously, China can do what they want to. But instead of showing forces at least China should clarify to the international community who waited for China to challenge the Tribunal Verdict that they have indeed very strong evidence on historical exercise exclusive control over SCS such as the details proves on when, where, what and which armada that had ruled the SCS waves.

The history, however, recorded only three important Chinese maritime military expeditions. The first and second expeditions were to the North towards Japan which both failed because of naval disaster as the whole armadas were wiped out by ‘kamikaze’ typhoon (1274 and 1281 AD). The third expedition was to the South purposely to invade Java in 1292 AD. The expedition was doomed to failure as the Javanese exercised their tactical trick of burning nearly the whole armadas behind the Chinese Army who had landed and trapped at the middle of unfamiliar rain forest which then became the capital of Majapahit, one of the biggest Indonesia ancient empires.

As far as Natuna EEZ concern, the Tribunal Verdict doesn't have much effect on Indonesia determination to exercise its control over Natuna EEZ. Obviously it strengthens Indonesia EEZ status, however, with or without the verdict, Indonesia position is already firmed that there never exists a maritime overlapping with China in Natuna EEZ. And if they think otherwise, it is not Indonesian concerned at all.

For Indonesia having a good relationship with China is strategically important both economically and politically. However, none of Indonesia people ever thinks that even a bit of Indonesian territorial, as well as its EEZ, is for sale. Indonesia is a peaceful country and doesn’t have any appetite to expand its territory and consider its neighboring countries to have the same attitude. Notwithstanding, Indonesia should now be more prudent towards certain campaigns such as the mystification of a certain legendary foreign maritime figures, the proposal to jointly building the 21th-century maritime silk road, the increasing number of illegal foreign work-forces in various big projects. Last but not least, the sudden movement towards the revival of Indonesian Communist Party (PKI) whatever weak it is, such as the circulation of their logo and banners, the demand for state apology towards PKI, etc.

Should the State Apologize to ex-PKI Members?

A lapse of 50 year-time has passed since the Communist Party (PKI) was banned and most people who experienced the September 30 Movement (G30S) are getting old and most of them died. The ban remains and nobody, includes the young generation, wishes for lifting it. However, a number of people who group themselves in the so-called human rights NGO (Komnas HAM) claim the government to recognize the victims of mass murder against PKI members. 

The G30S movement was preceded by hatred and intimidation spread out by PKI towards their rivals no matter they were the army, nationalist or religious people. This was PKI fatal strategy. PKI was very self-confident as they believed that Soekarno would always protect them. Indeed, Soekarno played the game by balancing the power between the army and PKI rivalry. Furthermore, Soekarno considered PKI as one of the important Nasakom pillars that should be preserved their existence. That was why most people refrained themselves from openly counterattack against PKI terror. 

However, a couple of days after the G30S aborted movement, the finding of kidnapped general corpses that were cruelly mutilated and buried within a dried pit which was widely broadcasted through TV-media hurt deeply the people's conscience and considered it as an evil deed. … and all of sudden the hell broke loose. 

The people’s anger was so intense, as they still remembered the cruelty of PKI coup d’état in Madiun15 years earlier launched in the middle of people struggle against the Dutch assault. It was a coward movement stabbing from behind the young Republic that was just born. Thousands of people were cowardly slaughtered mostly officials, nationalists, and religious ones.  

And here again, PKI wanted to repeat the history with their bloody hand. Apart from killing the generals they sporadically killed people mainly NU clerics in Central and East Java prior to the coup d’état. No authority commanded people to fight against PKI after the abortive movement but nobody wanted to wait until they fall victims.  The mass vengeance was unstoppable. Hundreds of thousands of PKI and its associate members tragically lost their lives.  

Now after 50 years have gone there come to Komnas HAM claiming the government to apologize to victims associated with PKI. The NGO claim the Government’ tolerance on ex-PKI members’ massacre and therefore should be responsible for it. This was considered by NGO as a grave violation against human rights. Furthermore, they argue that many of the victims were not directly involved in the movement. It was on behalf of these innocent people that NGO wanted their names to be rehabilitated and called for the Government to apologize to and compensate them accordingly.

The claim of the NGO is debatable as to why they are one-sided. The victims are not solely from the PKI side, but also from the other side. Why Komnas HAM does not take care of the non-PKI victims? This important question seems to go to deaf-ear. They simply respond that they don’t have any data on people who were tortured and murdered by PKI. And no one from ex-PKI wants to admit their wrongdoing and recognize the bloody event not mention to publicly ask the apology.  

Komnas HAM personnel together with a noted lawyer named Nursyahbani Katjasungkana posted the 1965 Crimes against Humanity in Indonesia before the International People’s Tribunal on The Hague, November 10 – 13, 2015. This was done mainly to attract international intention rather than filing a lawsuit as for any event happening exceeded the limit of 17 year-period doesn't bind the court decision. 

The history shows that everywhere in the world, the Russian revolution under Stalin, China under Mao and Cambodia under Pol Pot, for example, did barbaric cleansing towards their main enemies in term of what they called the bourgeois and capitalist class. For them, the notion of rule by the people became confused with rule by the proletariat or, rather, rule by the vanguard party of the proletariat.

 

Indonesian people are not blind to these historical inhuman experiences. It is a matter of life and death. It is a matter of national survival. They and hopefully their grand-children wish not to experience the same suffering. And the NGO under the just simply ignores this people collective standpoint. Most of the Indonesian people don’t have any empathy and even cynical towards what the NGOs are doing. Under what criteria do they raise the human right issue? What the cut of date of the human right violation that they use? Do they intend to raise the human right violation by Dutch and Japanese colonization? In people eyes, the NGOs just do according to their masters’ voice i.e. the underlying actors who finance them.