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ISEAS Perspective

2022/26 “Malaysia’s Floods of December 2021: Can Future Disasters be Avoided?” by Serina Rahman

 

Rescue officials evacuate people in a boat in Shah Alam, Selangor, on 20 December 2021, as Malaysia faced some of its worst floods for years. Photo: Arif KARTONO, AFP.

EXECUTIVE SUMMARY

  • The floods of December 2021 in Malaysia left almost 50 dead, required the evacuation of about 400,000 people, and resulted in an overall estimate of RM6.1 billion in financial losses. Unprecedented volumes of rainfall left areas on the west coast of Peninsular Malaysia under almost four meters of water and turned roads into rivers.
  • A study by the Institute of Geology, Malaysia, placed the source of disaster in thousands of landslides that occurred in the Titiwangsa Range as a result of heavy rains. This then led to debris flows chockfull with rock and forest fragments and wreckage surging downstream, wiping out riverine villages in its path.
  • While government disaster response systems were overwhelmed by calls for help, citizens and civil society organisations mobilised aid. The army also moved to rescue stranded flood victims in the absence of an official directive from the National Disaster Management Agency (NADMA). Politicians were panned for their delayed response to the calamity and for ‘showboating’.
  • As disasters like these are likely to recur, it is imperative that Malaysia acts to ensure the enforcement of town and city planning requirements, use modelling data to predict flood severity, and implement effective disaster mitigation and resilience plans.
  • Aside from dealing with post-flood financial recovery, there is also a need to treat flood-induced trauma. The nation must build back better and incorporate river restoration, flood plain planning, sponge city approaches and community capacity-building to reduce the severity of future flooding disasters.

* Serina Rahman is Visiting Fellow at the Malaysia Programme, ISEAS – Yusof Ishak Institute. She is incredibly grateful for the map speedily created by Rebecca Neo Hui Yun, as well as the invaluable contributions of Christine Fletcher, Ili Nadiah Dzulfakar, Francis E. Hutchinson and Lee Poh Onn to this paper.

ISEAS Perspective 2022/26, 16 March 2022

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INTRODUCTION

On 16 December 2021, MetMalaysia (Jabatan Meteorologi Malaysia) issued an orange alert for inclement weather in Kelantan and Terengganu. Most believed that this was the usual annual end-of-year monsoon event which often severely affects the east coast states. True to form, by 17 December, some parts of Kelantan and Terengganu began to flood. The states were well-prepared, however. This annual occurrence means that evacuation centres are ready as soon as MetMalaysia warnings are released and residents, as well as local agencies, know exactly what to do when waters begin to rise. However, this year, Tropical Depression 29W[1] took an unexpected turn, and also dumped unprecedented volumes of rainfall onto the west coast of Peninsular Malaysia.

On 17 December 2021, MetMalaysia issued an amber alert, which then swiftly rose to a red alert (the highest level) for the Klang Valley, Selangor and neighbouring states. It rained continuously for four days, a deluge equivalent to a month’s worth of rainfall in the area. Four rivers around Kuala Lumpur breached their banks, and by 18 December floods in Taman Sri Muda, Shah Alam had reached hip-level.

At the same time, a debris flow that gushed down rivers from the Titiwangsa Range wiped out homes in Kampung Sungai Lui, Hulu Langat, leaving barren patches of land, collapsed roads and destroyed bridges in its wake. Residents likened it to a tsunami.[2]

By 20 December, several highways across central Peninsular Malaysia had been inundated, leaving roads impassable. Many single-storey homes in Taman Sri Muda were flooded to their rooftops. Floodwaters reached a height of four meters in some places,[3] a deluge that left 95 percent of the area underwater.[4]

The state of Pahang was also flooded during this time, but received far less media coverage than areas in Selangor. Posts on social media often begged viewers to focus on Pahang too, regretting that much of the media presence was in the Klang Valley.[5]

However, on 18 December, just as waters in Taman Sri Muda were rising, Pahang registered the highest number of evacuees. Mudslides in Bentong on the same day dragged down a number of holiday chalets and three holiday-makers with it. After 48 hours of rain, Maran and Raub were the first districts to have people evacuated, and by 19 December, 19 rivers were at danger levels.

Figure 1 below illustrates the areas in Pahang and Selangor that were severely affected by the December 2021 floods.

While some of the floodwaters receded in Pahang and Selangor by Christmas day, and residents were able to return to their homes to begin clearing up the mess and count their losses, the storms moved eastwards to Sabah, flooding Kota Marudu. As rivers in Selangor overflowed, the floods spread downstream to Melaka, Johor and Negeri Sembilan over the new year. Kelantan and Terengganu’s floods also returned as the rainclouds moved east.

The weather-related problems did not end there. Sporadic cloudbursts continued until the end of January 2022 and included an unusual hailstorm and strong winds in Kuala Lumpur (24 January), and tornado-like winds that tore off roofs and felled trees in Ipoh (30 January).

Figure 1 – Map of flooded areas and townships in Pahang and Selangor states (December 2021)

The devastation as a result of these calamities came as a surprise to many. This paper attempts to summarise the possible issues behind the floods of December 2021, which have broadly been attributed to natural geological processes, unusually extreme rainfall, climate change, logging and over-development. The responses to the catastrophe are also examined, before the paper concludes with a number of possible mitigation and adaptation measures for these increasingly frequent ‘natural’ disasters. 

FLOOD IMPACTS

The flooding and landslides across eight states in December 2021 left almost 50 people dead,[6] and displaced more than 40,000 people.[7] The Department of Statistics, Malaysia calculated that overall losses from the floods came to about RM6.1billion (USD1.46 billion).[8] This figure was based on assessments of public assets and infrastructure, living quarters, vehicles, manufacturing, business premises (mostly services) and agriculture. The breakdown is shown in Figure 2 below.

Figure 2 – Breakdown of overall losses as a result of the December 2021 floods (RM6.1 billion)

Source: Data taken from the Department of Statistics, Malaysia (Facebook infographic: https://www.facebook.com/photo/?fbid=302766295228528&set=pcb.302766691895155 (posted on 28 Jan 2022).

While 11 states suffered financial losses as a result of the floods, Klang, Petaling and Hulu Langat districts (all in Selangor state) suffered the most. This is probably due to its more dense, urbanised environment, as well as its lack of familiarity with severe flooding situations. This meant that residents were unaware and unprepared for the floods, let alone the extent of the severity of this particular season’s extreme precipitation and flooding event.

However, these are merely financial calculations. The intangible aftereffects in those who suffered cannot be quantitatively assessed. Losses such as areas or items of historic, cultural or sentimental value are irreplaceable, and with some of these, there is a subsequent diminishing or loss of identity. While agricultural impacts have been estimated, this may not include the value of arable land; most often damaged by debris, mud and landslides or from being water-logged in the floods.

Poorer communities suffer more than wealthier neighbourhoods, especially as work is disrupted while they try to repair and salvage what remains of their homes. Neighbourhood shops and related stock or equipment may be destroyed, leaving them with even more difficulty in rebuilding their lives when expenses are incurred at rebuilding homes and in the restoring of livelihood sources.[9]

There is also the possibility of water-borne diseases or other illnesses arising post-floods.[10] While many disagree with claims by NADMA that people were reluctant to evacuate,[11] it is undeniable that many feared exposure to Covid-19 at evacuation centres.[12]

The figures shown above are short-term material losses that do not take into account debilitating post-event manifestations such as trauma and a decline in mental health and general well-being. As the rains continued in January 2022, a survey of social media posts revealed that many in Selangor were afraid of being trapped in floods again.[13] Myriad posts reflected panic and worry about a rerun of the December 2021 disaster.

WHAT CAUSED THE FLOODS

Natural Geological Processes

A study by the Institute of Geology Malaysia, led by Professors Ibrahim Komoo and Che Aziz Ali, revealed that one of the direct causes of the destruction of a number of villages and holiday chalets along Selangor’s rivers were sudden mega debris flows (banjir puing).[14]

The unprecedented volume of rainfall was far more than the ground and soil could absorb. This resulted in more than a thousand landslides along the Titiwangsa range, which like an avalanche in temperate climes, tumbled downstream in more than a hundred debris flows. These immensely swift and powerful surges of water swept trees, rocks and other debris with it as rivers overflowed their banks. Anything in its path was slammed by this combination of fast-flowing water and its contents, and was hurled along with it.

The study breaks down the components of the December 2021 calamity into four parts: upstream landslides and debris flows in the Titiwangsa range reserve forests, debris floods in highland agricultural areas, mud floods in the lowlands (affecting riverine villages such as those in Hulu Langat), and monsoonal floods at the estuaries (which affected urban areas such as Taman Sri Muda, Shah Alam and Kuala Lumpur).[15]

Their assessment deemed this a natural geological phenomenon, albeit exacerbated by human impacts in the highlands. While many on social media insisted that rampant logging in the Pahang and other highlands led to this catastrophe, the geologists report that the logs strewn across damaged homes and towns after the waters subsided were those that were ripped out of the ground by surging water rushing down the hillsides.

Anthropogenic Impacts

Deforestation is often cited as the direct cause of floods, but there are often many contributing factors to a disaster. A tropical rainforest is able to intercept and trap about 30 percent of rainfall in its canopy. Of the remaining percentage, much is usually absorbed by the soil and taken up by tree roots.[16] Thus when vast hillsides are clear-felled for agriculture, mining or development, or even when there is selective logging for timber, there is undoubtedly an impact on areas downstream as rainfall cannot be caught and absorbed as much as can be done by a fully intact primary forest.

There are undoubtedly myriad issues related to Malaysian land and forest management, regulation and enforcement, not least because of overlaps in jurisdiction between state and federal authorities.[17] The Rimba Disclosure Project, for example, alleges that vast tracts of forest lands are available for sale online.[18] These lands for sale could be private or state-owned forested land; not all forests are reserves under the jurisdiction of the Forestry Department. However, any forest clearing, even on state land, technically requires approval by the Forestry Department.

Development, urbanisation and related improprieties also add to the woes. While both federal and state regulations stipulate that riverbanks and coastal mangrove forests must have a minimum in untouched buffer zone, and there are myriad constraints listed under the National Land Code, villages invariably pop up too close to the water and some developers are able to find ways around minimum requirements.

Some of these buffer areas along rivers and coasts are not gazetted for protection, while others are within private land. This then makes it hard for the Drainage and Irrigation Department (JPS) and local council to enforce regulations. Some land owners do not take the necessary action to ensure that these buffer zones remain intact.

Urban areas that are expanded over time tend to channel drains and water overflow systems into shared retention ponds. This is a developer’s quick fix when an urban space is too crowded (or expensive) for them to build new drainage systems and runs counter to city and town plans, as well as the National Land Code.

In the case of Taman Sri Muda,[19] the sudden and rapid water level rise was due to the unusually high volumes of water flowing downstream, and the whole neighbourhood essentially became a water catchment basin. The situation was made worse as the king tide at the time impeded overflow channels. Dams could not be opened and sluice gates could not work fast enough to release rising waters.

Added to that were alleged irregularities in the conversion of retention ponds (in Kuala Lumpur) into development projects.[20] Taman Sri Muda is one such area initially marked out on the local plan as a flood plain meant to be used only as a retention pond.[21] Accusations have also arisen over poor maintenance of sluice gates and drainage systems, which have already periodically led to minor flash floods during heavy rainfall long before the December disaster.[22]

Climate change

Some quarters have blamed climate change as the key reason behind the floods and other recent weather-related events. Geologists note that many extreme weather phenomena attributed to climate change have always occurred periodically over millennia.[23] The difference between that and climate change is that the latter has human-related causes whereas geological processes occur naturally over a longer period of time. Human-induced climate change speeds up these processes, leading to increasingly frequent extreme weather phenomena that may or may not be the result of global warming and increasing temperatures.

Hence in December 2021, climate change may have exacerbated the situation through the intensity of 29W (essentially a mild typhoon) and the direction in which it traveled (to the west coast instead of settling on the east coast of Peninsular Malaysia as had always been the recent norm). However, it has yet be ascertained whether climate change (more specifically global warming due to increasing temperatures or greenhouse gases) was a main or direct cause of the floods.

RESPONSES ON THE GROUND

The government response

When waters began to rise, most politicians were involved in the UMNO and Bersatu general meetings,[24] or away on year-end holidays.[25] Flood-affected residents bemoaned the lack of organised aid and rescue by the government and other agencies, which left some of them stranded on rooftops for up to four days.[26]

The Malaysian Armed Forces (ATM) moved to begin relief efforts even without a directive from the National Disaster Management Agency (NADMA) as is the required protocol, after witnessing victims stranded on rooftops for hours. News reports indicated that the ATM had grown impatient with the lack of direction and decided to mobilise on its own.[27]

The Fire and Rescue Department were overwhelmed by calls for help, especially in Selangor where staff themselves were suffering from floods yet rushed to help others, and the severity of the deluge was ‘unexpected’.[28] Indeed, instead of acting in unison to help flood victims, the government seemed to be more intent on pushing blame between federal and state governments and agencies, and politicking between incumbent parties.[29]

While a few opposition politicians were shown to be on the ground and helping flood-stranded victims by 18 December,[30] many other political leaders and ministers only appeared after the water subsided.[31] Accusations of ‘showboating’ arose as politicians were seen posing on ‘rescue’ boats packed full of media personnel and their personal entourage,[32] as well as holding grand hotel ‘launch’ ceremonies to announce their aid distribution to the media.[33] 

Others were panned for posing with water jets and shovels in places that were clearly already cleaned, and doing that in inappropriate footwear.[34] Prime Minister Ibrahim Sabri acknowledged there were shortfalls in the government response, and announced the immediate replacement of NADMA with the National Security Council (MKN) to deal with the disaster response.[35]

In the immediate aftermath of the floods, the government put out a call for donations to a flood relief fund, but netizens on Twitter responded with the hashtag #DoNotDonateToGovernment.[36] While there were then subsequent announcements of flood aid, the RM1000 (SGD322) per household disbursement[37] was roundly criticised by flood victims and opposition politicians as acutely insufficient given that the average estimated home repair cost was at least RM10,000. Others complained that there was too much bureaucracy to overcome in order to get the aid.[38]

The government subsequently announced a more comprehensive flood relief package worth a total of RM1.4 billion (SGD450 million), and a revision to previous restrictions.[39]

Civil society to the rescue

While the floods of December 2021 were a terrible experience for its victims and left the rest of the nation reeling in shock at the severity of the debris flows and floodwater depths, there was a silver lining to the episode.

As with any other disaster that occurs in Malaysia, the people rose to help themselves and each other when there seemed to be a lag in effective action by the government and local authorities or agencies.[40]

Social and mainstream media reports highlighted the efforts and kindness of resident groups, neighbours and random strangers (including migrant workers) who did their best to help the aged, children and disabled.[41] As residents sat stranded on rooftops, several youth swam through the floods to retrieve and rescue food and other needs, clambering across houses to deliver them to starving and thirsty families,[42] or to look for help.  

Not only did NGOs and religious groups like the Malaysian Red Crescent Society and the Gurdwara Sahib Petaling Jaya immediately mobilise, so did concerned citizens from other states.

Fishermen of Kelantan, Kedah, Terengganu and Johor traveled to Selangor with their boats in tow to provide aid as roads turned into lakes and rivers.[43] Awan Omar, better known as ‘Abang Viva’, became a viral sensation and ‘flood hero’ for taking emergency leave to haul his boat on top of his Perodua Viva from Melaka to Shah Alam to help those in need.[44] Some provided heavy vehicles and 4WDs to send food and other supplies.

Those interviewed said that they were merely returning the kindness shown them when they too endured floods in the past. Others simply said they could not sit back and watch fellow Malaysians suffer.[45]

Volunteer doctors set up impromptu clinics and others focused on rescuing pets and providing veterinary care.[46] When the floods subsided, youth and countless other volunteers helped to clean homes and places of worship, as well as salvage and repair damaged appliances.[47]

MOVING FORWARD

Annual monsoonal floods in the east coast of Peninsular Malaysia, as well as in Sarawak and Sabah have become such a regular occurrence that action in response to inundation usually moves like clockwork. Ibrahim Komoo notes that it is important to prepare society to ‘live with disaster’. He emphasises the need for a better understanding of geological processes (earth sciences) and better public awareness on disaster response and SOPs.[48]

Ili Nadiah Dzulfakar, Founder of KLIMA Action Malaysia, notes that international efforts to combat climate change should not focus solely on over-ambitious and elitist aspects such as carbon credits and markets, but instead work on practical measures that will reach those who are on the frontlines of climate change-related disasters. She suggests that Malaysia take on an important role to strengthen Loss and Damage mechanisms for finance in the climate change Conference of Parties (COP), and also domestically refocus on actions that addresses Loss and Damage to ensure compensation, reparation and funds to rebuild lives.[49]

Environmentalists across Malaysia have called for a complete logging moratorium,[50] but this will have to overcome myriad overlaps in jurisdiction and loopholes such as the ability to log on private land; will require a lot of institutional transparency and integrity; and the unwavering recognition of indigenous land rights. Since the devastating floods, the Pahang state government has announced that it has launched a programme to plant a tree for every child born in the state.[51]

Nature-based solutions to climate change call for river restoration in place of hard engineering approaches to canals and drainage systems.[52] Good town and city planning documents and regulations that take into account future climate change scenarios should be strictly enforced, and incorporate approaches such as flood plains planning.

Zaki Zainudin, water quality and modelling specialist, notes that there is abundant data from climatology and hydraulic conveyance modelling tools that can be used to predict, plan for and mitigate flood severity.[53] New developments can consider the approach of China’s ‘sponge city’ projects in Gui’an New District.[54]

However, in an already urbanised, overly-dense older suburb such as Taman Sri Muda, this would call for a complete overhaul of existing drainage systems and may result in the loss of already limited fringing open spaces, require costly land acquisition and highly complicated construction.

It is clear that society must pay heed to these consistent warnings of increasingly regular disasters to come if nothing is done to prepare for them. Christine Fletcher stresses the need for Malaysia to not just mitigate for natural disasters and climate change impacts, but to adapt lives and livelihoods for better resilience. Only when communities and local districts are empowered to take immediate or early action in light of weather warnings or other directives, can they properly “build back better,” encompassing infrastructure, policies, planning and community capabilities.[55] 

ENDNOTES


[1] A low-pressure area that generates unusually high volumes of rainfall, with the possibility of becoming a cyclone or typhoon.

[2] Aiman, A. 23 December 2021. “Total loss: Hulu Langat residents tell of ‘devastating’ floods,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2021/12/23/total-loss-hulu-langat-residents-tell-of-devastating-floods/ 

[3] Ariff, I and Ramachandran, J. 1 January 2022. “How Taman Sri Muda ‘drowned’ in other people’s water,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/01/01/how-taman-sri-muda-drowned-in-other-peoples-water/

[4] Chan, J. 24 December 2021. “Receding waters bring relief to Taman Sri Muda residents,” Star Online. https://www.thestar.com.my/metro/metro-news/2021/12/24/receding-waters-bring-relief-to-taman-sri-muda-residents

[5] For example, on Twitter: https://twitter.com/min_dy0/status/1472868053310328834

[6] Relief Web. 3 January 2022. Malaysia – Floods and landslides, update (NADMA, Met Malaysia, media) (ECHO Daily Flash of 3 January 2022). https://reliefweb.int/report/malaysia/malaysia-floods-and-landslides-update-nadma-met-malaysia-media-echo-daily-flash-3

[7] Davies, R. 20 December 2021. “Malaysia – Floods displace over 40,000,” Floodlist. https://floodlist.com/asia/malaysia-floods-december-2021

[8] Department of Statistics, Malaysia. 28 January 2022. Special Report on Impact of Floods in Malaysia 2021. https://www.dosm.gov.my/v1/index.php?r=column%2FcthemeByCat&cat=496&bul_id=ZlkxS0JnNThiRHk0ZllZajdyVm44UT09&menu_id=WjJGK0Z5bTk1ZElVT09yUW1tRG41Zz09&fbclid=IwAR16_ZcY6DlefMigXSq-IyJUJT4a_EbiUz_lBl_T76xYWXX7eeTd3gdomGY

[9] Gengathurai, V.D. 30 December 2021. “The far-reaching impact of floods,” New Straits Times. https://www.nst.com.my/opinion/letters/2021/12/758852/far-reaching-impact-floods

[10] Hilmy, I. 23 December 2021. “Diseases loom after floods,” Star Online. https://www.thestar.com.my/news/nation/2021/12/23/diseases-loom-after-floods

[11] Palansamy, Y. 20 December 2021. “NADMA DG: Many in Taman Sri Muda refused to evacuate when rain began, despite authorities stressing urgency of flood threat,” Malay Mail. https://www.malaymail.com/news/malaysia/2021/12/20/nadma-d-g-many-in-taman-sri-muda-refused-to-evacuate-when-rain-began-despit/2029875

[12] Yusry, M. 28 December 2021. “High risk of Covid-19 infection at flood relief centers,” The Sun Daily. https://www.thesundaily.my/local/high-risk-of-covid-19-infection-at-flood-relief-centres-NF8700690

[13] Azhar, D. 24 January 2022. “As waters rise, fear of another flood in Taman Sri Muda,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/01/24/as-waters-rise-fear-of-another-flood-in-taman-sri-muda/

[14] Astro Awani. 23 January 2022. Laporan Khas: Hidup Bersama Bencana (Special Report: Living with Disaster). https://www.astroawani.com/video-malaysia/laporan-khas-hidup-bersama-bencana-1945286

[15] Ibrahim Komoo, 15 February 2022. Post on Facebook: Environment and Sustainability public group. https://www.facebook.com/groups/854661231714821

[16] Fletcher, C. 7 February 2022. Webinar: Peninsular Malaysia’s Floods of 2021 – Investigating the causes and possible solutions. ISEAS – Yusof Ishak Institute, Singapore. (Speaker’s comments used with permission)

[17] Refer to: Rahman, S. 2020. “The Struggle for Balance: Johor’s Environmental Issues, Overlaps and Future,” in Hutchinson, F.E. and Rahman S. (Eds). Johor: Abode of Development. ISEAS – Yusof Ishak Institute, Singapore. Pp 473-500.

[18] Rimba Disclosure Project. 3 February 2022. Press Release: “Stop Forests for Sale: Vast Tracts of Alleged Forests being Sold Online.” https://www.facebook.com/Rimba-Disclosure-Project-100439705669127

[19] Zulkifli A.M. 28 December 2021. “Behind Shah Alam’s perennial floods,” Malaysia Now. https://www.malaysianow.com/news/2021/12/28/behind-shah-alams-perennial-floods/

[20] Free Malaysia Today. 28 December 2021. “6 retention ponds in KL earmarked for development, says MP.” https://www.freemalaysiatoday.com/category/nation/2021/12/28/6-retention-ponds-in-kl-alienated-for-development-says-mp/; and Free Malaysia Today. 2 January 2022. “Act on conversion of flood ponds for development, UMNO man tells govt.” https://www.freemalaysiatoday.com/category/nation/2022/01/02/act-on-conversion-of-flood-ponds-for-development-umno-man-tells-govt/.

[21] Personal communication, Dr Christine Fletcher. 22 February 2022.

[22] Vinod, G. 20 December 2021. “Flood in Taman Sri Muda: This is why Ganabatirau chided JPS officials, netizens say,” Focus Malaysia. https://focusmalaysia.my/flood-in-taman-sri-muda-this-is-why-ganabatirau-chided-jps-officials-netizens-say. And Ariff, I. and Ramachandran, J. 1 January 2022. “Authorities knew Taman Sri Medan deluge was coming, say residents,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/01/01/authorities-knew-taman-sri-muda-deluge-was-coming-say-residents/

[23] Lunt, D. 1 September 2021. “Climate change in the geological record,” Geoscientist. https://geoscientist.online/sections/unearthed/climate-change-in-the-geological-record/

[24] Azmi, H. 20 December 2021. “Malaysian PM Ismail Sabri Yaakob’s government under fire over slow response to worst floods in recent memory,” South China Morning Post. https://www.scmp.com/week-asia/health-environment/article/3160453/malaysian-pm-ismail-sabri-yaakobs-government-under

[25] Bernama. 24 December 2021. “Floods: Cabinet ministers told to cancel holidays, return to Malaysia immediately,” The Edge Markets. https://www.theedgemarkets.com/article/floods-cabinet-ministers-told-cancel-holiday-return-malaysia-immediately

[26] Palansamy, Y. 24 December 2021. “Disappointment over authorities’ delayed response stays with Taman Sri Muda survivors after flood waters recede,” Malay Mail. https://www.malaymail.com/news/malaysia/2021/12/24/disappointment-over-authorities-delayed-response-stays-with-taman-sri-muda/2030700

[27] Augustin, S. 21 December 2021. “Fed up of waiting, the military rolls into flood relief,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2021/12/21/fed-up-of-waiting-the-military-rolls-into-flood-relief/; and Latiff, R. and Harris, E. 21 December 2021. “At least eight dead in Malaysia floods as rescue effort stumbles,” Reuters. https://www.reuters.com/markets/commodities/least-eight-dead-malaysia-floods-rescue-effort-stumbles-2021-12-20/

[28] Zolkepli, F. 23 December 2021. “Authorities did not expect severe flooding in Selangor, says Bomba DG,” Star Online. https://www.thestar.com.my/news/nation/2021/12/23/authorities-did-not-expect-the-severe-flooding-in-selangor-says-bomba-dg

[29] Zainuddin, A. 24 December 2021. “Frustration grows in Malaysia over government’s slow flood response,” The Diplomat. https://thediplomat.com/2021/12/frustration-grows-in-malaysia-over-governments-slow-flood-response/ and Free Malaysia Today. 26 December 2021. “Tense UMNO-Bersatu ties hit by flood of criticism.” https://www.freemalaysiatoday.com/category/nation/2021/12/26/tense-umno-bersatu-ties-hit-by-flood-of-criticism/

[30] Free Malaysia Today, 20 December 2021. “MP kayaks solo to rescue flood victims.” https://www.freemalaysiatoday.com/category/nation/2021/12/20/mp-kayaks-solo-to-rescue-flood-victims/ and Krishnan, D.B. 21 December 2021. “MPs use all available resources to help constituents,” New Straits Times. https://www.nst.com.my/news/nation/2021/12/756574/mps-use-all-available-resources-help-constituents

[31] Azmi, H. 20 December 2021. “Malaysian PM Ismail Sabri Yaakob’s government under fire over slow response to worst floods in recent memory,” South China Morning Post. https://www.scmp.com/week-asia/health-environment/article/3160453/malaysian-pm-ismail-sabri-yaakobs-government-under

[32] Chai, J. 21 December 2021. “We asked for boats, instead we got showboats,” Malaysiakini. https://www.malaysiakini.com/columns/603934 – james chai /

[33] Ramachandran, J. 20 December 2021. “Netizens tick off Faizal for standing on ceremony,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2021/12/20/netizens-scold-faizal-for-standing-on-ceremony/ and Hassan, H. 21 December 2021. “Malaysians slam Rina Harun for allegedly organizing a grand ceremony for flood relief,” World of Buzz. https://worldofbuzz.com/malaysians-slam-rina-harun-for-allegedly-organising-a-grand-ceremony-for-flood-relief/

[34] Jamil, S. 26 December 2021. “Of high heels and water jets, Rina Harun gets roasted again on social media,” Star Online. https://www.thestar.com.my/news/nation/2021/12/26/of-high-heels-and-water-jets-rina-gets-roasted-again-in-social-media and Kaur, M. 29 December 2021. “Drop gimmicks, focus on policies to help flood victims, ministers told,” Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2021/12/29/drop-gimmicks-focus-on-policies-to-help-flood-victims-ministers-told/

[35] Free Malaysia Today. 20 December 2021. “MKN put in charge of flood response, after flak over Nadma.” https://www.freemalaysiatoday.com/category/nation/2021/12/20/mkn-put-in-charge-of-flood-relief-after-flak-over-nadma/

[36] Shukry, A. 24 December 2021. “Malaysia Premier faces Twitter backlash over flood response,” Bloomberg. https://www.bloomberg.com/news/articles/2021-12-24/malaysian-pm-ismail-faces-twitter-backlash-over-flood-response

[37] Lim, I. 22 December 2021. “Nadma: RM1000 one-off flood aid only for Malaysian household head and per home: here’s how to apply,” Malay Mail. https://www.malaymail.com/news/malaysia/2021/12/22/nadma-rm1000-one-off-flood-aid-only-for-malaysian-household-head-and-per-ho/2030371

[38] The Vibes. 21 December. “Victims bemoan cumbersome red tape for RM1000 flood relief.” https://www.thevibes.com/articles/news/50186/victims-bemoan-cumbersome-red-tape-for-rm1000-flood-relief

[39] The Sun Daily. 29 December 2021. “Flood aid to be implemented in a comprehensive, effective manner: PM.” https://www.thesundaily.my/home/flood-aid-to-be-implemented-in-comprehensive-effective-manner-pm-updated-KY8706873

[40] Chan, J. 21 December 2021. “How Malaysians showed up for each other through #DaruratBanjir,” Malay Mail. https://www.malaymail.com/news/malaysia/2021/12/21/how-malaysians-showed-up-for-each-other-through-daruratbanjir/2029956 and Yusry, M. 28 December 2021. “Malaysians put differences aside to help one another during floods,” The Sun Daily. https://www.thesundaily.my/local/malaysians-put-differences-aside-to-help-one-another-during-floods-AF8700662

[41] Ahmad, S. 20 December 2021. “Man uses own kayak to rescue Dengkil flood victims,” New Straits Times. https://www.nst.com.my/news/nation/2021/12/756287/man-uses-own-kayak-rescue-dengkil-flood-victims;  Malaysiakini. 19 December 2021. “Many residents stranded in Taman Sri Muda still not getting help.” https://www.malaysiakini.com/news/603751; and The Vibes. 22 December 2021. “Bangladeshis took food from Mydin for residents: flood victims.” https://www.thevibes.com/articles/news/50291/bangladeshis-took-food-from-mydin-for-trapped-starving-residents-flood-victims    

[42] The Sun Daily. 23 December 2021. “Taman Sri Muda flooding: neighbour hails 4 young men as heroes.” https://www.thesundaily.my/local/taman-sri-muda-flooding-neighbour-hails-4-young-men-as-heroes-KE8688927

[43] Shu, I and Shuaib, A. 25 December 2021. “Konvoi bawa bot, barang keperluan dari Kedah bergegas ke lokasi banjir… tragedy Tsunami 2004 bakar semangat nelayan, mahu teruskan misi tanpa kenal erti penat,” MStar.Com (Convoy bringing boats and necessary aid from Kedah rushes to the location of the floods – the tsunami tragedy of 2004 is the fishermen’s inspiration. They want to continue their mission without thought of exhaustion.) https://www.mstar.com.my/lokal/viral/2021/12/25/konvoi-bawa-bot-barang-keperluan-dari-kedah-bergegas-ke-lokasi-banjir-tragedi-tsunami-2004-bakar-semangat-nelayan-mahu-teruskan-misi-tanpa-kenal-erti-penat and Tam, M. 20 December 2021. “Floods: Malaysians from outside Klang Valley bring boats to help,” Star Online. https://www.thestar.com.my/news/nation/2021/12/20/floods-malaysians-from-outside-klang-valley-bring-boats-to-help

[44] Izarul, M. 24 December 2021. “Sanggup ambil cuti dan berbekalan RM50, ‘Abang Viva’ bawa bot jadi ‘hero’ bantu mangsa banjir,” Funtasticko.Net. (Willing to take leave, and with only RM50 in his pocket, Abang Viva brought out his boat to become a flood hero.) https://www.funtasticko.net/sanggup-ambil-cuti-dan-berbekalkan-rm50-abang-viva-bawa-bot-jadi-hero-bantu-mangsa-banjir/

[45] Tang, A. 21 December 2021. “Malaysians raly to extend help,” Star Online. https://www.thestar.com.my/news/nation/2021/12/21/malaysians-rally-to-extend-help

[46] Sin Chew Daily. 2 February 2022. 2021 “Floods: rescuing stranded animals.” https://mysinchew.sinchew.com.my/20220202/2021-floods-rescuing-stranded-animals/; and The Vibes. 20 December 2021. “Malaysians rescue ‘forgotten’ cats, dogs amid worst floods in Klang Valley.” https://www.thevibes.com/articles/news/50056/msians-to-the-rescue-of-forgotten-cats-dogs-amid-worst-flood-in-klang-valley

[47] Savitha, A.G. 31 December 2021. “KakiRepair and team salvage over 230 household appliances in Taman Sri Muda to help reduce landfill waste,” Malay Mail. https://www.malaymail.com/news/life/2021/12/31/kakirepair-and-team-salvage-over-230-household-appliances-in-taman-sri-muda/2032221

[48] Komoo, I.B. 26 January 2021. “Memahami Bencana Alam” (Understanding Natural Disaster), DSSS Bikin Panas PahangKu Media. (Speaker’s comment during Facebook Live session: https://www.facebook.com/pahangkumedia/videos/363586405150562/) and Astro Awani. 23 January 2022. Laporan Khas: Hidup Bersama Bencana (Special Report: Living with Disaster). https://www.astroawani.com/video-malaysia/laporan-khas-hidup-bersama-bencana-1945286

[49] Dzulfakar, I.N. 7 February 2022. Webinar: Peninsular Malaysia’s Floods of 2021 – Investigating the causes and possible solutions. ISEAS – Yusof Ishak Institute, Singapore. (Speaker’s comments used with permission).

[50] The Malaysian Reserve. 3 February 2022. “Environmentalists call for logging moratorium.” https://themalaysianreserve.com/2022/02/03/environmentalists-call-for-logging-moratorium/?fbclid=IwAR20_S1C4iNBDYdlvQ16zfcuUXj3VcTrABOYZDt_DI1OEJRoWYT-tbhsgPw

[51] Shamsuddin, S. 26 January 2021. “Memahami Bencana Alam” (Understanding Natural Disaster), DSSS Bikin Panas PahangKu Media. (Moderator’s comment during Facebook Live session: https://www.facebook.com/pahangkumedia/videos/363586405150562/)

[52] Cui, M.; Ferreira, F.; Fung, T.K.; Matos, J.S. 2021. Tale of Two Cities: How Nature-based solutions help create adaptive and resilient urban water management practices in Singapore and Lisbon. Sustainability 13, 20427. https://doi.org/10.3990/.su131810427.

[53] Yusof, T.A. 23 December 2021. “Warning of clusters from shelters,” New Straits Times. https://www.nst.com.my/news/nation/2021/12/757142/warning-clusters-shelters

[54] Qi, Y.; Chan, F.K.S.; O’Donnel, E.C.; Feng, M.; Sang, Y.; Thorne, C.R.; Griffiths, J.; Liu, L.; Liu, S.; Zhang, C.; Li, L. and Thadani, D. 2021. Exploring the development of the Sponge City Program (SCP): The Case of Gui’an New District, Southwest China. Frontiers In Water. https://doi.org/10.3389/frwa.2021.676965

[55] Fletcher, C. 7 February 2022. Webinar: Peninsular Malaysia’s Floods of 2021 – Investigating the causes and possible solutions. ISEAS – Yusof Ishak Institute, Singapore (speaker’s comments used with permission). And personal communication with Christine Fletcher, 22 February 2022.

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
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Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2022/25 “How to Solve the South China Sea Disputes” by Bill Hayton

 

A helicopter prepares to land on the Philippine navy’s strategic sealift vessel BRP Davao del Sur during an amphibious landing exercise at the lighthouse beach facing the South China Sea in Subic Freeport in Subic town, north of Manila on 21 September 2019, as part of a combined exercise between army, navy, air force and marines. Photo: Ted Aljibe, AFP.

EXECUTIVE SUMMARY

  • Researchers now know enough about the history of the South China Sea to resolve the competing territorial claims to the various rocks and reefs.
  • Disaggregating claims, i.e. breaking down expansive claims to entire island groups into specific claims to named features, opens a route to compromise and the resolution of the disputes.
  • With some states unwilling to make use of international law, there is a role for non-governmental organisations to create a ‘Track Two Tribunal’. They could collect rival pieces of evidence, test the claimants’ legal arguments, and present the likely outcomes of any future international court hearing to the claimants and their publics.
  • The historical evidence of physical acts of administration on the disputed rocks and reefs suggests that – with some important exceptions – the current occupiers of each feature have the best claim to sovereignty over it.
  • Southeast Asian states have an interest in recognising each other’s de facto occupation of specific features and then presenting a united position to China.

* Bill Hayton is Associate Fellow in the Asia-Pacific Programme at Chatham House, United Kingdom.

ISEAS Perspective 2022/25, 15 March 2022

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INTRODUCTION

The disputes over the islets in the South China Sea are generally thought to be intractable. Six claimants, namely the People’s Republic of China (PRC or China), the Republic of China (ROC or Taiwan), Brunei, Malaysia, the Philippines and Vietnam, claim at least one of them, and a few islets are claimed by at least five states. These rival territorial claims are commonly thought to be the result of centuries of history, and most observers assume that unpicking, assessing and weighing the evidence for each claim would be impossible. None of this is true. We now know enough about the history of the South China Sea to resolve the competing claims.

THE PROBLEM

There are two main groups of disputed islets in the South China Sea: the Paracels (Hoang Sa in Vietnamese, Xisha in Chinese) in the north and the Spratlys (Truong Sa in Vietnamese, Nansha in Chinese) in the south. Scarborough Shoal, to the east, is disputed only between the Philippines, China and Taiwan while the fate of Pratas (Dongsha in Chinese), in the northeast, is an intra-Chinese question.[1] If these islands did not exist it would be a relatively simple matter to divide up the waters and resources of the South China Sea in the way that European countries have done in the North Sea, for example.[2] If the islands were larger, like those in the Mediterranean, they would have settled populations able to decide their own sovereignty on the basis of self-determination. We know that the Natuna Islands belong to Indonesia, for example, because the people who live on it say so. The tragedy of the South China Sea is that the disputed islets are just the right size to cause trouble.

The other problem is that China, Taiwan, Vietnam and the Philippines claim groups of islands in their entirety rather than specific features. China asserts a claim to the entire Nanhai Zhudao: every feature within the ‘U-shaped line’ drawn on Chinese maps of the South China Sea since 1948.[3] Taiwan claims each of the four ‘island groups’ separately as the Xisha, Nansha, Dongsha and Zhongsha (Zhongsha is actually a group of underwater features plus the Scarborough Shoal). Vietnam claims the Hoang Sa and the Truong Sa while the Philippines claims Scarborough Shoal and the ‘Kalayaan Island Group’ which contains all of the Spratlys except for Spratly Island itself.[4] As a result, these claimants are playing a zero-sum game. No compromise is possible: they either win sovereignty over every feature in the island group or nothing.

The result is Sturm und Drang (Storm and Stress) in the corridors of power and on the streets outside, massive spending on military hardware and a refusal to address the most pressing issues in the South China Sea, particularly the collapse of its fish stocks.

THE SOLUTION

Thankfully, there is a potential solution to this zero-sum game, and it is one that has already proved successful in Southeast Asia: the patient presentation of verifiable evidence to a neutral tribunal. Indonesia and Malaysia resolved their dispute over the islands of Ligitan and Sipadan through the International Court of Justice (ICJ) in 2002. More relevant to the South China Sea dispute was the ICJ’s resolution of the dispute between Malaysia and Singapore over three sets of uninhabited rocks in the Singapore Straits in 2008.[5] The ICJ was able to rule that Pedra Branca belonged to Singapore while Middle Rocks belonged to Malaysia even though the two are just a kilometre apart. It ruled in favour of Singapore over Pedra Branca mainly because Singapore had carried out acts of physical administration there, notably by building a lighthouse on the rock. The judges also specified a different fate for a third feature, South Ledge, because it is underwater at high tide and therefore not ‘territory’ as such. It ruled that sovereignty could only be settled later, once the two countries had agreed on a boundary between their territorial seas.

The ICJ rejected Malaysia’s vague claims that Pedra Branca had belonged to the Sultanate of Johor “from time immemorial” and instead examined the documented evidence of occupation and administration. It then reached a conclusion based on the international legal principle of à titre de souverain – asking which state could better demonstrate that it had exercised actual authority over the feature.While legal principles such as this have their origins in Medieval Europe, they can now be considered global. They have been used to adjudge disputes in contexts as diverse as the Red Sea and the Caribbean as well as in Southeast Asia. It would be quite possible to apply them to all the disputed islets in the South China Sea.

By ruling out vague claims to sovereignty “from time immemorial” and demanding specific evidence of physical acts of administration, the ICJ also gave the South China Sea claimants a route out of their impasse. Governments and their advisers do not need a comprehensive knowledge of every period of South China Sea history to reach conclusions about sovereignty. They simply need to examine the evidence for physical acts of occupation and administration by the different state authorities.

THE HISTORICAL EVIDENCE

The digitisation and opening of many national archives over the past two decades have allowed researchers to examine the history of claim-making in the South China Sea in much greater detail than was feasible during the twentieth century. It is now possible to make some authoritative statements about who did what and when.

The task has been made much easier by the rival claimants putting evidence to support their claims in the public domain. We can now assess whether certain documents are meaningful in the various sovereignty disputes.

Based on all this evidence, we can now say that no state made any physical act of sovereignty on any of the currently disputed islands before the nineteenth century. The archival evidence that is currently available suggests that the earliest acts of occupation in the Paracels were conducted by Dai Viet (Vietnam) in 1816, by the Qing Great State (China) in 1909 and by Japan in 1938. In the Spratlys, the first formal acts of administration were made by the UK in 1877, by France in 1933, by Japan in 1939, by the ROC in 1946, by the Republic of Vietnam (RVN or South Vietnam) in 1956, by the Republic of the Philippines in 1970 and by Malaysia in 1978. The first occupation by the PRC took place in 1988. Japanese claims were renounced in the 1951 Treaty of San Francisco and the claims by the UK and France have been allowed to lapse.[6]

The documentary evidence makes clear two important points. Firstly, it tells us that states occupied different features at different times in a haphazard manner. States installed people or structures on certain islets in competition with one another, but these were often transient affairs. Just because officials landed on a particular feature did not mean that they subsequently maintained effective occupation over it. Governments did not achieve complete control of the various features until the 1970s (in the Paracels) or the 1980s (in the Spratlys).

Secondly, it tells us that the various claimants never administered entire archipelagos or island groups, let alone the entire South China Sea. Just because an action was taken on one island did not mean that effective occupation was asserted over other features. Claimants often made rhetorical claims by publishing maps or issuing declarations, but this was quite different to establishing a real occupation.

Understanding this history in the light of the ICJ ruling on Pedra Branca opens a way forward to resolve the disputes. Rather than examining rival claims to entire archipelagos, the ICJ, or some other body agreed upon by the claimants, only needs to reach conclusions about physical acts of administration on each feature. Our knowledge of the archives tells us that these will only have taken place in the modern era.

DISAGGREGATION OF CLAIMS

The key is to disaggregate the claims. Just as in the Pedra Branca case, it is theoretically possible to examine claims to the sovereignty of each feature in the South China Sea separately. This will, admittedly, be easier in some cases than in others. Some features are completely isolated but at Tizard Bank, Union Reef and North Danger Reef, rival claimants occupy different islets atop the same large coral reef. Even here though, it should be possible to disentangle their histories.

Take the giant reef at Tizard Bank. France placed a sovereignty marker on its largest above-water feature, the islet of Itu Aba, in 1933. Japanese and French forces both occupied Itu Aba during the Second World War. France placed another sovereignty marker on Itu Aba

in October 1946 and a ROC expedition did the same in December 1946. The ROC maintained a physical presence on Itu Aba until May 1950. In May 1956, a Philippine businessman, Tomas Cloma, attempted to claim a group of islands for himself, prompting the ROC to reoccupy Itu Aba. France, which had just departed from its Indochina colonies, re-stated its earlier claim to the islet and then both the PRC and the newly independent RVN made rhetorical claims to sovereignty over all the Spratlys. In August 1956, the RVN landed on Spratly Island, 300 kilometres to the southwest. In 1962, RVN warships visited Namyit, another islet on Tizard Bank, across the lagoon from Itu Aba, and in 1972, RVN troops physically occupied it. In 1974 the RVN occupied Sand Cay on the same reef. In 1975, RVN troops were evicted from both these islets by forces from the Democratic Republic of Vietnam (DRV or North Vietnam). Days later, the RVN was extinguished as a state by the Revolutionary Government of Southern Vietnam, which merged with the DRV the following year. In 1988, the final claimant arrived when the PRC occupied Gaven Reefs at the western end of Tizard Bank.

Reaching a judgement on the sovereignty of these features will require detailed consideration of both the history of occupations and the inheritance of claims from one state to the next. Can the court accept that the histories of Namyit Island, Sand Cay and Gaven Reefs are separate from the history of Itu Aba? Does the ROC’s long occupation trump the shorter occupation by France? Did the RVN inherit the French claim? Did the DRV inherit it too? Does the PRC inherit the ROC claim or does that issue remain moot? These will be tricky questions to answer, but that is the purpose of international tribunals and the ICJ has tackled equally tricky questions in the past.

Thankfully, most of the disputed reefs currently have only one physical occupier, which should make assessing sovereignty claims simpler. That said, some have had other occupiers in the past and a tribunal would have to rule on the relative merits of rival claims. Each feature has a different history, but that history can be known and assessed.

A ROLE FOR OUTSIDERS

None of the claimant states has yet been willing to take its territorial claims to an independent tribunal. There are two main reasons for this. Firstly, all are uncertain about the strength of their claims and that of their rivals. Secondly, they fear the domestic political consequences of losing such a public argument. For instance, Malaysian politicians continue to argue about Pedra Branca more than a decade after the ICJ ruling.

There is a role here for outside bodies. Think-tanks, researchers, lawyers and foundations could act as a ‘virtual ICJ’ to rehearse the arguments that governments might present in a real hearing. Experts, whether independent or partisan, could assemble the evidence already placed in the public domain by governments and others and seek supplementary materials. This ‘Track Two Tribunal’ could invite governments to submit their evidence but could proceed whether they cooperated or not.

The result would be a matrix of evidence: a detailed history of the various acts of sovereignty made on each named feature. Expert jurists could be invited to debate the merits of the claims and offer advisory opinions about which is stronger. These would then be circulated to all the claimant states and publicised. The world would be able to understand what an evidenced and fair settlement of the South China Sea disputes might look like.

A LIKELY SOLUTION

Based on the historical evidence already in the public domain, it is likely that such a ‘Virtual ICJ’ would find that, with some significant exceptions, the current pattern of occupations in the South China Sea is the legitimate one, since that it is the only one that has ever existed. The two major exceptions to this are:

  • The western half of the Paracel Islands (the ‘Crescent Group’): controlled by Vietnam until its forces were expelled by the PRC in 1974
  • Southwest Cay in the Spratlys: occupied by the Philippines until its forces were expelled by the RVN in 1975

This then suggests the basis for a compromise solution to the South China Sea disputes: each claimant keeps what it currently occupies and drops its claims to the other features. There is a legal name for this principle: uti possidetis, ita possideatis – what you have is what you keep.

No state would have to suffer the indignity or strategic disadvantage of withdrawing from any feature that they currently occupy. Each state would simply have to acknowledge reality – that they are never going to acquire all the rocks and reefs they rhetorically claim. This is already implicit in the Declaration on the Conduct of Parties in the South China Sea (the DoC) adopted by ASEAN and the PRC in 2002. Under Article 5, all the signatories are committed to “self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.”

The current commitments not to escalate the disputes and not to occupy any uninhabited features are, in effect, de facto recognitions of the other states’ occupations. States would not suffer any practical consequences by turning these implicit commitments into more formal declarations. Armed with the historical evidence to justify their decisions, the rival claimants could move ahead – either bilaterally or collectively. Brunei, Malaysia, the Philippines and Vietnam could recognise each other’s de facto positions and thereby resolve the Southeast Asian part of the puzzle. They would then seek the same de facto recognition from China and/or Taiwan.

Such recognition would end whatever dreams that Vietnam and the Philippines may have about one day recovering the Paracels and Southwest Cay respectively. But this would be a price worth paying if the quid pro quo is regional stability. For Vietnam, recognition of Chinese possession of the Paracels would be painful but it could unlock an agreement between Vietnam and China over the maritime boundary at the mouth of the Gulf of Tonkin and areas further south. This would, in effect, end China’s U-shaped line claim and open areas of the sea for Vietnamese energy exploration and fisheries.

OBSTACLES TO CONSIDER

There are, of course, many political and legal difficulties to consider. A knotty problem will be the fate of ‘low tide elevations’. The ICJ’s 2008 ruling on South Ledge will not be much help here. Malaysia, Vietnam and China have all constructed outposts on features that are below water at high tide and therefore not considered territory. The most egregious example is Mischief Reef, occupied by China since 1994. The 2016 ruling by the South China Sea arbitral tribunal concluded that the huge Chinese structures on Mischief Reef were constructed unlawfully inside the Philippines’ Exclusive Economic Zone (EEZ).[7] The implication of the ruling is that the structures should either be demolished or handed to the Philippines. In the meantime, no state should be expected to explicitly recognise other states’ sovereignty over low tide elevations, but they might recognise a de facto presence in the same spirit as the other commitments in the DoC.

More fundamentally, all the governments involved – whether authoritarian or democratic – will need to persuade their publics of the merits of compromise. Their strongest arguments will be that compromise is a necessary step in the pursuit of regional peace and prosperity. The contribution of a ‘Virtual ICJ’ or ‘Track Two Tribunal’ would reinforce these arguments with evidence for their historical legitimacy, leaving less room for diehard nationalists to huff and puff. Governments could then focus on the fate of fisheries and other offshore resources.

CONCLUSION

There can no longer be any pretense that the South China Sea disputes are too complex to resolve. The necessary evidence is publicly available, and the general legal principles are widely accepted. In the current geopolitical situation, there is a clear incentive for Southeast Asian governments to begin a process of formally recognising each other’s occupations in the Spratly Islands. Such mutual recognition would help solidify their own claims and facilitate the creation of a clearer negotiating position with China.

Some cases will be more difficult to resolve than others, and the sequencing of recognition will need to take this into account. Non-governmental organisations could play a key role in helping governments scope out likely obstacles and pitfalls and in generating support for the necessary political compromises.

ENDNOTES


[1] Pratas/Dongsha is claimed by both China and Taiwan but is currently occupied by Taiwan. It is an isolated feature mid-way between Hong Kong and Taiwan and no other state claims it.

[2] Interstate negotiations lead to bilateral treaties in the 1960s with the International Court of Justice ruling on a case involving the Netherlands, Germany and Denmark. See Yiallourides, Constantinos, “Continental Shelf Boundaries in the North Sea and the North Atlantic” in Greg Gordon, John Paterson and Emre Usenmez (eds) Oil and Gas Law – Current Practice and Emerging Trends: Vol I – Resource Management and Regulatory Issues (3rd Edn, EUP 2018), Available at SSRN: https://ssrn.com/abstract=2985968 or http://dx.doi.org/10.2139/ssrn.2985968.

[3] People’s Republic of China, White Paper: China Adheres to the Position of Settling Through Negotiation the Relevant Disputes Between China and the Philippines in the South China Sea, July 2016, https://www.fmprc.gov.cn/mfa_eng/wjdt_665385/2649_665393/201607/t20160713_679474.html.

[4] When the Philippines defined and claimed the Kalaayan Island Group (KIG) in the 1970s, it asserted that it was different from the Spratlys and deliberately omitted Spratly Island from its KIG claim. Spratly is currently occupied by Vietnam but also claimed by China and Taiwan.

[5] International Court of Justice, Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) Summary of the Judgment of 23 May 2008 https://www.icj-cij.org/en/case/130/summaries.

[6] For evidence regarding occupations, see the following. Hãn Nguyên Nguyễn Nhã (trans. Vinh-The Lam), Vietnam, Territoriality and the South China Sea, Paracel and Spratly Islands (Abingdon, UK: Routledge 2018); Ulises Granados, “As China Meets the Southern Sea Frontier: Ocean Identity in the Making, 1902-1937”, Pacific Affairs 78, No. 3(Fall 2005); Stein Tønnesson, “The South China Sea in the Age of European Decline”, Modern Asian Studies 40, 1 (2006):1–57; Gregory B. Poling, On Dangerous Ground: America in the South China Sea (Oxford, UK: Oxford University Press, forthcoming 2022); Geoffrey Marston, “Abandonment Of Territorial Claims: The Cases Of Bouvet And Spratly Islands”, British Yearbook of International Law 57, Issue 1 (1986): 337–356.

[7] Permanent Court of Arbitration, Award In The Matter Of The South China Sea Arbitration (Case No 2013-19), 12 July 2016 pp. 474-6, https://pca-cpa.org/en/cases/7/.

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2022/24 “Russia’s Invasion of Ukraine: Southeast Asian Responses and Why the Conflict Matters to the Region” by Ian Storey and William Choong

 

Russian President Vladimir Putin participating in the Association of Southeast Asian Nations (ASEAN) Summit via a live video conference in his residence in Novo-Ogaryovo outside Moscow, held last year on 27 October 2021. Evgeny PAULIN/SPUTNIK/AFP.

EXECUTIVE SUMMARY

  • Southeast Asia’s initial responses to Russia’s invasion of Ukraine varied considerably, with Singapore taking the strongest stance and Myanmar supporting the Kremlin’s actions. The other ASEAN member states expressed varying levels of concern, with some declaring their neutrality. ASEAN’s statement was the lowest common denominator of these positions.
  • As the conflict intensified, regional responses strengthened somewhat: eight ASEAN members voted for a United Nations General Assembly resolution condemning Moscow’s invasion; Vietnam and Laos, Russia’s two closest partners in the region, abstained.
  • The war will lead to rising energy, food and commodity prices which could hinder Southeast Asia’s economic recovery from the COVID-19 pandemic.
  • Some regional states will be concerned that the conflict may force the United States to prioritise security in Europe over the Indo-Pacific.
  • In its disputes in Asia, China could take a leaf from Russia’s playbook by using manufactured histories and grey zone/hybrid warfare tactics, and disregarding international law.

* Ian Storey and William Choong are Senior Fellows in the Regional Strategic and Political Studies Programme at the ISEAS – Yusof Ishak Institute.

ISEAS Perspective 2022/24, 9 March 2022

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INTRODUCTION

On 24 February 2022, Russia invaded Ukraine. The responses from the ten ASEAN member states varied considerably, ranging from Singapore’s condemnation and imposition of sanctions on Russia to the Myanmar military regime’s endorsement of the Kremlin’s actions. Due to the member states’ differing positions, ASEAN issued a lowest common denominator response on 26 February that was widely criticised for being bland and insipid. A few days later, however, in a vote at the United Nations General Assembly (UNGA), eight ASEAN member states voted in favour of a resolution condemning Russia’s invasion, while Vietnam and Laos abstained.

The global crisis triggered by the Russia-Ukraine war will likely cause serious economic problems for Southeast Asia. The rising price of energy, food and commodities, worsening supply chain disruptions and stock market volatility could threaten the region’s economic recovery from the COVID-19 pandemic.

ASEAN as a grouping of smaller states will have to grapple with the precedent that the invasion sets: the blatant violation of a fundamental principle in international law, namely the respect for an independent state’s sovereignty as enshrined in the United Nations Charter. More importantly, there is a growing convergence in geopolitical views between Russia and China, the emerging superpower in Asia. While it is unlikely that China will completely replicate Russia’s approach in Ukraine, there are parallels: the use of manufactured history to support territorial claims; the use of grey zone tactics and hybrid warfare; and a disregard for international law.


SOUTHEAST ASIAN POSITIONS

Singapore

In Southeast Asia, Singapore’s response to Russia’s attack on Ukraine was by far the strongest. It was the only ASEAN member to condemn Russia by name and announce a range of financial sanctions and export control measures on Moscow.[1] As with Vietnam’s invasion of Cambodia in 1978, Iraq’s occupation of Kuwait in 1990 and Russia’s annexation of Crimea in 2014, Singapore took a principled stand: that Russia’s “unprovoked” military invasion violated international law and the UN Charter which prohibits acts of aggression against sovereign states.[2] Prime Minister Lee Hsien Loong warned that if international relations were based on “might is right”, the “world would be a dangerous place for small countries like Singapore”.[3]

Indonesia, Brunei and the Philippines

Indonesia, Brunei and the Philippines condemned Moscow’s attack on Ukraine, but did not name Russia as the aggressor.

Prior to the invasion, Indonesia had called for Russia to resolve its dispute with Ukraine peacefully, warning that a conflict risked derailing the world’s economic recovery from the pandemic.[4] On the day of the attack, President Joko Widodo called for an end to hostilities while the foreign ministry “condemned any action that violates territory and sovereignty”.[5]

Two days later, Brunei responded in a similar vein, condemning “any violation of sovereignty, independence and territorial integrity of any country”.[6]

The Philippines was initially focused on evacuating its nationals from Ukraine.[7] Philippine President Rodrigo Duterte, who on taking office in 2016 pledged to pursue a more balanced foreign policy by improving relations with Russia and China,[8] has remained silent on the conflict. His defence secretary, Delfin Lorenzana, stated the Philippines would remain “neutral” because the conflict was “none of our business”.[9] His approach stands in marked contrast to Philippine efforts to internationalise the South China Sea dispute. However, a few days after the Russian assault, the Philippines expressed “explicit condemnation of the invasion of Ukraine”.[10]

Malaysia, Thailand, Vietnam, Laos and Cambodia

The responses from these five ASEAN members were relatively muted.

Malaysian Prime Minister Ismail Sabri Yaakob said he was “saddened” by events in Ukraine.[11] His office later issued a statement of “serious concern”, but instead of singling Russia out as the aggressor, urged “all concerned parties” to de-escalate the conflict.[12]

As with Malaysia, Thailand expressed “deep concern” and its support for a peaceful resolution of the conflict through dialogue.[13] Thailand generally has cordial relations with Russia, and tries to avoid taking sides in great power politics. Unsurprisingly, therefore, Prime Minister Prayut Chan-o-cha said that Thailand would remain “neutral” in the conflict.[14]

Vietnam has abstained from any criticism of President Putin’s actions because Russia is its most important defence partner.[15] Over the past two decades, Vietnam has relied on Russian-manufactured weapons to modernise its armed forces to serve as a deterrent against China in the South China Sea. Keen not to offend Moscow, Vietnam stated that that it was “deeply concerned” by the conflict and that the “relevant parties” should “exercise restraint”, respect international law and seek a peaceful resolution through dialogue.[16]

As with Vietnam, Laos sought to protect its long-standing friendship with Russia by avoiding criticism of Moscow. At the outbreak of hostilities, the Lao foreign ministry did not even express concern, only that it was closely following the “evolving, complex and sensitive” situation in Ukraine and that “all parties concerned” should “exercise utmost restraint”, de-escalate tensions and pursue a peaceful settlement through diplomatic measures.[17]

Cambodian Prime Minister Hun Sen’s response has been the weakest among these countries, expressing only his hope for a “peaceful solution” to the conflict.[18] As with neighbouring Thailand, Hun Sen said Cambodia would remain “neutral” in the dispute.[19]

Myanmar

Myanmar is the only country in Southeast Asia to support Russia’s actions. Following the military coup in February 2021, Russia was the first major power to recognise the junta as the legitimate government of Myanmar. Keen to return the diplomatic favour, a spokesman for the military said Russia was acting to protect its own sovereignty and demonstrating its great power status.[20] Both Moscow and the coup leaders are keen to strengthen relations, especially through more acquisitions of Russian arms, though the junta has admitted that financial sanctions imposed on Russia could complicate the procurement process.[21] In contrast to the junta’s support for the Kremlin, Myanmar’s government in exile, the National Unity Government, condemned the invasion.[22]

ASEAN

Cambodia is the chair of ASEAN in 2022, and on the day Russia launched its attack, Prime Minister Hun Sen said that the organisation needed a “strong voice” in international affairs.[23] Given the varying positions among its members, however, it was unsurprising that on 26 February, it issued a weak, bottom-line consensus statement.[24] The ten foreign ministers stated they were “deeply concerned” and called on the “relevant parties” to “exercise maximum restraint”, pursue dialogue and de-escalate tensions.

Although the statement invoked the 1976 ASEAN Treaty of Amity and Cooperation, which Russia acceded to in 2004, it did not condemn Moscow for violating its central principles: “mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations”; “non-interference in the internal affairs of another country”; “settlement of differences and disputes by peaceful means”; and the “renunciation of the threat or use of force”.[25] Widely criticised for its mild tone,[26] the statement received little attention outside the region, and served only to highlight existing divisions within ASEAN rather than make a meaningful contribution to the international community’s efforts to bring pressure to bear on President Putin to cease military operations in Ukraine.

Southeast Asian Countries at the UN

Following the invasion, Singapore joined with 81 other countries in co-sponsoring a United Nations Security Council (UNSC) resolution condemning Russia’s invasion. Due to Russia’s veto on the UNSC, the resolution was defeated. However, a new resolution was drawn up by the UNGA―with Singapore and Cambodia among the co-sponsors― and by then, with the conflict worsening, a majority of ASEAN member states were ready to take a harder line against Russia, including Vietnam.[27] On 2 March, eight ASEAN members―Brunei, Cambodia, Indonesia, Malaysia, Myanmar, the Philippines, Singapore and Thailand― joined 141 other countries in voting for a non-binding resolution which “deplored” Russia’s “aggression” against Ukraine and called on Moscow to immediately withdraw its forces from the country.[28] Myanmar’s ambassador to the UN, U Kyaw Moe Tun, who was dismissed by the junta after he condemned last year’s coup, is still Myanmar’s legitimate representative at the world body and voted for the UNGA resolution. Thirty-five countries abstained, including Vietnam and Laos.[29]

POTENTIAL ECONOMIC, POLITICAL AND SECURITY IMPACTS

The Russia-Ukraine war is already having profound global consequences that are affecting every part of the world. Southeast Asia will not be spared, though the severity of the impact will depend on the duration of the conflict and its ultimate outcome.

Economic Impact

As the economic ties between Russia and Southeast Asia are modest, the region stands to lose very little if the Russian economy buckles under the weight of international sanctions. In 2020, Russia was ASEAN’s 11th largest trade partner with two-way trade at only US$13.6 billion.[30] In the same year, Russia invested a mere US$63.2 million in the region.[31] However, the global economic fallout from the war will likely have a significant effect on regional states. The conflict has led to a spike in oil and gas prices which could rise further if Russia decides to cut energy exports or if the major industrial economies cut Russian imports. Ukraine and Russia are major agricultural producers, especially wheat and corn, and supply disruptions will lead to increased food prices. Higher energy and food prices will fuel inflation. The price of commodities produced in Russia that are crucial to the electronics industry such as nickel, titanium, copper and platinum, will also rise.[32] The war has disrupted air, rail and sea transportation links, worsening global supply chain problems caused by the pandemic. In short, the conflict could derail a global recovery from the COVID-19 pandemic, including that of Southeast Asian economies.[33]

Political Impact

Russia has been an ASEAN Dialogue Partner since 1996. It participates in all the ASEAN-led forums, including the ASEAN Regional Forum (ARF), the ASEAN Defence Ministers’ Meeting Plus (ADMM-Plus) and the East Asia Summit (EAS). In 2018, ASEAN-Russia relations were elevated to a Strategic Partnership. However, President Putin has only attended the EAS in person once (in 2018) and twice virtually (in 2020 and 2021), preferring to send his foreign minister or prime minister instead while he attends the APEC Summit.

The Russia-Ukraine war is unlikely to seriously impact Moscow’s dialogue partnership with ASEAN. As noted above, ASEAN’s response to the invasion has been mild. However, the conflict could forestall Vietnam’s proposal for a free trade agreement between ASEAN and the Russian-led Eurasian Economic Union (which already has FTAs with Vietnam and Singapore).[34] Also, if the ASEAN-led summits take place in person in Phnom Penh in November, and the conflict is still ongoing, President Putin’s attendance at the ASEAN-Russia Summit and EAS, as well as the APEC Summit in Bangkok, will be highly unlikely.

Security Impact

Russia’s primary security activity in Southeast Asia is arms sales. Since Putin took office in 2000, Russia has become the leading arms supplier to the region, with sales amounting to US$10.7 billion.[35] Western economic sanctions imposed on Russia could impair Russian defence sales to the region. Export controls imposed by the United States and other countries on items that can be used in military equipment manufactured in Russia could affect the supply of weapons systems and spare parts to Southeast Asian countries that have already purchased Russian arms. Washington may also double-down on its enforcement of the 2017 Countering America’s Adversaries Through Sanctions Act (CAATSA) which imposes sanctions on countries that have commercial dealings with Russia’s military industrial complex. So far, Washington has only CAATSA sanctions against China and Turkey, but it could signal that it is ready to impose them on Southeast Asian countries planning to purchase new military equipment from Russia. This would make regional states think twice about signing contracts with Russian defence companies (even before the conflict, the threat of CAATSA sanctions led Indonesia to cancel an order for Russian SU-35 fighter jets while the Philippines dropped the idea of buying Russian submarines[36]). However, Washington may issue a waiver on CAATSA sanctions against Vietnam given the growing strategic ties between the two countries in the face of China’s assertive activities in the South China Sea.

It is too early to say how the conflict will affect the United States’ global military posture. Although both the Trump and Biden administrations labelled the Indo-Pacific as America’s priority strategic theatre, the Russia-Ukraine war, and heightened tensions between NATO and Russia, mean that for the short-term at least, Europe will take up much of Washington’s strategic bandwidth. This will reinforce long-standing concerns in Asia that despite America’s intention to “re-pivot” to the region, it will periodically be distracted by events in Europe or the Middle East. While there is as yet no indication that the war will require the Pentagon to redeploy military assets from the Indo-Pacific to the Euro-Atlantic region, or that US diplomats and senior officials will devote less attention to the Indo-Pacific, some Southeast Asian countries will require reassurances of America’s commitment to regional security which was undermined to some degree during the Trump administration. President Biden will be expected to give those reassurances at a US-ASEAN summit scheduled for late March.[37]

PRECEDENCE AND IMPLICATIONS

While there are reasons behind ASEAN’s relatively mild response to the invasion, the grouping has to be mindful of two major implications of Russia’s actions in Ukraine.

First, the failure to upbraid Russia for its flouting of international law would set a bad precedent if and when similar incidents were to occur in Southeast Asia and the broader Indo-Pacific. The need to defend international law principles, as well as castigate deemed offenders of those principles, is paramount to Southeast Asia where the interests of great powers, and their differing visions of regional order, increasingly collide.[38] Any attempts to undermine the rules-based international order will cut to the core of Southeast Asia’s security and prosperity.[39]

Second, the Russian invasion has a particular bearing on Southeast Asia, given converging Sino-Russian views on pushing back against a US-led regional order, and the possibility that Beijing might take a page out of Russia’s Ukrainian playbook: the use of manufactured pretexts for an invasion or forcible acquisition of disputed territories, the greater use of grey zone tactics and hybrid warfare, and the flouting of norms of international law.

A parsing of China’s approach to the Ukrainian crisis offers some clues how the Ukrainian crisis could impact Asia, in particular the three ‘hot spots’: the South China Sea, the Senkaku/ Diaoyu Islands and the Taiwan Straits.

First, China has a quasi-alliance with Russia. There is now a growing strategic partnership and the two sides recently professed there were “no limits” or “forbidden areas” of cooperation.[40] Both share the view that the United States is in decline — a state of affairs that is a vindication of autocracy.[41]

Second, China is sitting on the fence about the Russian invasion — a unique state of affairs when many countries have condemned the invasion. In the run-up to the invasion, there was some coordination between China and Russia. In a joint statement issued during Putin’s visit to Beijing in early February, China backed Russia’s opposition to further NATO expansion — a key rationale for the invasion of Ukraine.[42] Russia launched the invasion after the end of the Beijing Winter Olympics.[43] China employed four strategies in the run-up: stressing respect for the sovereignty and independence of all countries; calling for dialogue and consultation; recognising Russia’s “legitimate” security concerns; and accusing Washington of “stirring up trouble” and disseminating propaganda.[44] The latter two approaches became more evident in early February.[45] On 25 February, China abstained from a draft UNSC resolution condemning the invasion.[46]

Three, China would be carefully observing Russia’s use of grey zone tactics (limited military competition which simmers under the threshold of war[47]) and hybrid warfare (grey zone tactics mixed with combat operations[48]). Russia has been using grey zone tactics in Ukraine since 2014, when ‘little green men’ moved in to occupy Crimea. In late 2021, it moved 100,000 troops to its border with Ukraine, causing the Ukrainian currency and sovereign bond yields to fall sharply.[49] China, too, has employed “innovative and imaginative” grey zone tactics in areas such as the South China Sea and East China Sea. For example, in the latter, China sent a “timed sequence” of vessels into disputed territory: first fishery patrol ships, then coast guard cutters and finally PLA Navy warships.[50]

China is unlikely to fully reproduce Russia’s approach to Ukraine — that is, scaling up from grey zone/ hybrid warfare to full-scale conflict. However, the Russian invasion will provide some instructive lessons for China, if it decides to forcibly acquire disputed territories in Asia. The toolbox of options that China has holds three main components: the use of controversial pretexts; the use of grey zone/hybrid tactics; and actions which challenge the norms of international law.

In the South China Sea, China could, after the execution of grey zone/ hybrid warfare tactics, use force to take control of atolls in the Spratly islands occupied by the Philippines, Vietnam and Malaysia, claiming that they are China’s historic territories. China has consistently employed the ‘historical’ approach which has no legal basis under the United Nations Convention on the Law of the Sea (UNCLOS) as reaffirmed by a 2016 arbitral tribunal on the South China Sea. If China were to borrow from Russia’s playbook, it might consider the use of pretexts which are controversial — that is, the need to conduct ‘defensive operations’ to secure the Spratlys, in lieu of ‘US aggression’. This would be consistent with past Chinese behaviour. China has argued — quite controversially — that US freedom of navigation operations and ‘militarisation’ (military deployments) in the disputed maritime area are dangerous[51] and undermine stability.[52] China has maintained that its land reclamation in the South China Sea is mainly for civilian purposes (in addition to “necessary military defence requirements”), and will help meet Beijing’s responsibilities and obligations such as maritime search and rescue, disaster prevention and weather observation.[53]

China could employ the same blend of tactics towards the disputed Senkaku/Diaoyu Islands in the East China Sea, which are occupied by Japan but disputed by China. In recent years, China has sent fishing boats, CCG vessels and PLA warships into the contiguous zone and territorial waters of the islands, triggering protests from Tokyo.[54]

In the wake of Russia’s invasion of Ukraine, there have been concerns in Taiwan that China could mount a similar operation to retake what it deems to be a rogue province. China has stressed that Taiwan is “not Ukraine” (a separate country from Russia) but an “inalienable part of China”.[55] But if China does decide to retake the island, it could follow after a series of grey zone tactics which China has already conducted regularly against the island.[56]

The scenarios presented are plausible, but there is reason to believe that there would be some circumspection on China’s part. Firstly, China will rue the consequences of any use of force to change the status quo: Russia’s invasion has provoked condemnation from many countries and a raft of sanctions that will affect the Russian economy for years to come. Russia has not been averse to using military force as an instrument of foreign policy, i.e. Georgia in 2008, Syria since 2015 and Ukraine since 2014, but China has not been involved in an outright conflict since its border war with Vietnam in 1979. China’s economy is far larger than Russia’s and more integrated into global supply chains and the world economy. As a Singaporean minister has noted, China and the US are “vital components” of a single system and “compete within the system”.[57] If China were to carry out the actions sketched out above, the reputational damage to its already-low trust ratings among Southeast Asians would be severe.[58] Compared to Ukraine, which is not a NATO member and not deemed a vital interest for Washington, the stakes for the US in Asia are far higher, given America’s alliance commitments to Japan in the Senkakus and to the Philippines in the South China Sea. This would provide a deterrent to any Chinese attempts to change the status quo. While Washington does not have a formal military alliance with Taiwan, it is seen as the island’s de facto security guarantor. The higher stakes for Washington should give China some grounds for circumspection.


ENDNOTES

[1] “MFA Spokesperson’s Comments on the Situation in Ukraine”, Ministry of Foreign Affairs, Singapore, 24 February 2022, https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2022/02/20220224-Ukraine; “Minister for Foreign Affairs Dr Vivian Balakrishnan’s Ministerial Statement on the Situation in Ukraine and its Implications, Ministry of Foreign Affairs, Singapore, 24 February 2022, https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2022/02/20220228-Ministerial-Statement; “Sanctions and Restrictions Against Russia in Response to its Invasion of Ukraine”, Ministry of Foreign Affairs, Singapore, 5 March 2022, https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2022/03/20220305-sanctions

[2] “Minister for Foreign Affairs Dr Vivian Balakrishnan’s Ministerial Statement on the Situation in Ukraine and its Implications”, Ministry of Foreign Affairs, Singapore, 24 February 2022, https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2022/02/20220228-Ministerial-Statement

[3] See Prime Minister Lee Hsien Loong’s Facebook page, 28 February 2022, https://www.facebook.com/leehsienloong

[4] “Ukraine conundrum”, Jakarta Post, 14 February, https://www.thejakartapost.com/opinion/2022/02/14/ukraine-conundrum.html; “Indonesia’s leader warns G20 of Ukraine crisis threat to global economic recovery”, South China Morning Post, 17 February 2022, https://www.scmp.com/news/asia/southeast-asia/article/3167440/indonesias-leader-warns-g20-ukraine-crisis-threat-global

[5] President Jokowi’s Twitter feed, 24 February 2022, https://twitter.com/jokowi/status/1496828183143796740; “Indonesia condemns Russian attack, prepares to evacuate citizens”, Jakarta Post, 24 February 2022, https://www.thejakartapost.com/world/2022/02/24/indonesia-condemns-russian-attack-prepares-to-evacuate-citizens.html

[6] “Brunei Darussalam’s Statement on the Situation in Ukraine”, Ministry of Foreign Affairs, Brunei Darussalam, http://www.mfa.gov.bn/Lists/Press%20Room/news.aspx

[7] “Statement on the Situation in Ukraine”, Department of Foreign Affairs, Republic of the Philippines, 24 February 2022, https://dfa.gov.ph/dfa-news/statements-and-advisoriesupdate/30146-statement-on-the-situation-in-ukraine

[8] Ian Storey, “Duterte’s Trip to Russia Results in Modest Gains”, ISEAS Commentary, No. 84 (10 October 2019), /media/commentaries/dutertes-trip-to-russia-results-in-modest-gains-by-ian-storey

[9] “Defense chief: PH ‘neutral’ on Russia’s invasion of Ukraine”, CNN Philippines, 25 February 2022, https://www.cnnphilippines.com/news/2022/2/25/Philippines-Ukraine-Russia-attack.html

[10] “Philippine Statement at the Emergency Special Session of the UN General Assembly on Ukraine”, Department of Foreign Affairs, Republic of the Philippines, 28 February 2022, https://dfa.gov.ph/dfa-news/statements-and-advisoriesupdate/30160-philippine-statement-at-the-emergency-special-session-of-the-un-general-assembly-on-ukraine

[11] “Asean countries including Cambodia and Malaysia call for diplomatic resolution to Ukraine-Russia conflict”, Straits Times, 24 February 2022, https://www.straitstimes.com/asia/se-asia/south-east-asian-countries-including-cambodia-and-malaysia-call-for-diplomacy-to-resolve-ukraine-russia-conflict

[12] “Statement by Yab Dato’ Sri Ismail Sabri Bin Yaakob, Prime Minister of Malaysia”, Prime Minister’s Office, 26 February 2022.

[13] “Thailand’s Statement on the Situation in Ukraine”, Ministry of Foreign Affairs, Kingdom of Thailand, 24 February 2022, https://www.mfa.go.th/en/content/statement-24-feb-22?cate=5d5bcb4e15e39c306000683e

[14] “Neutral on Russia-Ukraine: PM”, Bangkok Post, 2 March 2022, https://www.bangkokpost.com/thailand/general/2272191/neutral-on-russia-ukraine-pm

[15] Ian Storey, “Russia’s Defence Diplomacy in Southeast Asia: A Tenuous Lead in Arms Sales but Lagging in Other Areas”, ISEAS Perspective, No. 33 (18 March 2021), /wp-content/uploads/2021/03/ISEAS_Perspective_2021_33.pdf

[16] “Remarks by the Spokesperson of the Ministry of Foreign Affairs of Viet Nam Le Thi Thu Hang regarding Viet Nam’s reaction to the escalating tensions in Ukraine and citizen protection work for Vietnamese nationals in this country”, Ministry of Foreign Affairs, Vietnam, 27 February 2022, https://www.mofa.gov.vn/en/tt_baochi/pbnfn/ns220227003221

[17] “Press Statement by the Spokesperson of the Ministry of Foreign Affairs of the Lao People’s Democratic Republic”, 26 February 2022, http://www.mofa.gov.la/index.php/statements/mofa-statement/4698-press-statement-by-spokesperson-of-the-ministry-of-foreign-affairs-of-the-lao-pdr-on-the-current-situation-in-ukraine

[18] “Malaysia, Cambodia concur that Ukraine-Russia conflict requires peaceful solution”, Bernama, 24 February 2022, https://www.bernama.com/en/news.php

[19] “Politics of war: Cambodia does not take sides in Ukraine-Russia conflict”, Khmer Times, 3 March 2022, https://www.khmertimeskh.com/501034687/politics-of-war-cambodia-does-not-take-sides-in-ukraine-russia-conflict

[19] “Politics of war: Cambodia does not take sides in Ukraine-Russia conflict”, Khmer Times, 3 March 2022, https://www.khmertimeskh.com/501034687/politics-of-war-cambodia-does-not-take-sides-in-ukraine-russia-conflict

[20] “Myanmar’s Military Council Supports Russia’s Invasion of Ukraine”, VOA, 25 February 2022, https://www.voanews.com/a/myanmar-s-military-council-supports-russia-s-invasion-0f-ukraine/6458527.html

[21] “Russia sanctions send chill through Naypyitaw”, The Irrawaddy, 5 March 2022, https://www.irrawaddy.com/news/burma/junta-watch-myanmar-military-not-worried-as-world-shuns-main-supplier-russia.html

[22] Ibid.

[23] “Malaysia, Cambodia concur that Ukraine-Russia conflict requires peaceful solution”, Bernama, 24 February 2022, https://www.bernama.com/en/news.php

[24] “ASEAN Foreign Ministers’ Statement on the Situation in Ukraine”, 26 February 2022, https://asean.org/wp-content/uploads/2022/02/ASEAN-FM-Statement-on-Ukraine-Crisis-26-Feb-Final.pdf

[25] “Treaty of Amity and Cooperation in Southeast Asia”, 24 February 1976, https://asean.org/wp-content/uploads/2021/01/20131230235433.pdf

[26] See, for example, Sebastian Strangio, “ASEAN Foreign Ministers Express ‘Deep Concern’ About Ukraine Crisis”, The Diplomat, 28 February 2022, https://thediplomat.com/2022/02/asean-foreign-ministers-express-deep-concern-about-ukraine-crisis; Joanne Lin and William Choong, “Is ASEAN a Toothless Tiger in the Face of Ukraine Crisis?”, Fulcrum, 1 March 2022, https://fulcrum.sg/is-asean-a-toothless-tiger-in-the-face-of-ukraine-crisis; Hoang Thi Ha, “Ukraine invasion: Asean should have called out Russia’s attack but it chose to stay mute”, South China Morning Post, 1 March 2022, https://www.scmp.com/week-asia/opinion/article/3168789/ukraine-invasion-asean-should-have-called-out-russias-attack-it

[27] Tan Hui Yee, “Initial hesitance gives way as Asean nations take a stand against Ukraine invasion”, Straits Times, 3 March 2022, https://www.straitstimes.com/asia/se-asia/initial-hesitance-gives-way-as-asean-nations-take-a-stand-against-ukraine-invasion

[28] “General Assembly resolution demands end to Russian offensive in Ukraine”, UN News, 2 March 2022, https://news.un.org/en/story/2022/03/1113152

[29] “General Assembly resolution demands end to Russian offensive in Ukraine”, United Nations General Assembly, 2 March 2022, https://news.un.org/en/story/2022/03/1113152

[30] ASEAN Statistical Yearbook 2021 (Jakarta: ASEAN Secretariat, December 2021),https://www.aseanstats.org/wp-content/uploads/2021/12/ASYB_2021_All_Final.pdf

[31] Ibid.

[32] Sarah Schiffling, “Why war in Ukraine affects essential commodity supplies for rest of the world”, The Conversation, 24 February 2022, https://theconversation.com/five-essential-commodities-that-will-be-hit-by-war-in-ukraine-177845

[33] Ben Holland, Scott Johnson, Jamie Rush, Anna Wang and Tom Orlik, ‘How War in Ukraine Threatens the World’s Economic Recovery,’ Bloomberg, 25 February 2022, https://www.bloomberg.com/news/features/2022-02-25/war-in-ukraine-how-the-ukraine-russia-conflict-could-impact-the-global-economy

[34] “Vietnam proposes initiatives to promote ASEAN – Russia relations”, NhanDan, 3 September 2021, https://en.nhandan.vn/business/item/10413402-vietnam-proposes-initiatives-to-promote-asean-russia-relations.html

[35] Storey, “Russia’s Defence Diplomacy in Southeast Asia”.

[36] Mike Yeo, “Indonesia gives up on Russian aircraft purchase, instead turning to US and French options”, DefenseNews, 23 December 2022, https://www.defensenews.com/air/2021/12/22/indonesia-gives-up-on-russian-aircraft-purchase-instead-turning-to-us-and-french-options; Yannick Smaldore, “Euronaval: Naval Group Confirms Negotiations With The Philippines For Submarine Sale”, Naval News, 19 October 2020, https://www.navalnews.com/event-news/euronaval-2020/2020/10/euronaval-naval-group-confirms-negotiations-with-the-philippines-for-submarine-sale

[37] “Biden to host Southeast Asian leaders in Washington in late March”, Reuters, 28 February 2022, https://www.reuters.com/world/biden-host-southeast-asian-leaders-washington-late-march-2022-02-28

[38] Hoang Thi Ha, “Ukraine Invasion”.

[39] Lin and Choong, “Is ASEAN a Toothless Tiger in the Face of the Ukraine Crisis?”.

[40] “Russia and China Proclaim No Limits’ Partnership to Stand Up to US”, Channel News Asia, 5 February 2022, https://www.channelnewsasia.com/world/russia-china-no-limits-strategic-partnership-us-2480691

[41] Evan Osnos, “What is China Learning from Russia’s Invasion of Ukraine?”, The New Yorker, 24 February 2022, https://www.newyorker.com/news/daily-comment/what-is-china-learning-from-russias-invasion-of-ukraine

[42] “China, Russia Reaffirm Support on Each Other’s Core Interests”, CGTN, 4 February 2022, https://news.cgtn.com/news/2022-02-04/China-Russia-issue-joint-statement-17nD4B0yFHy/index.html

[43] Ravi Velloor, “Lessons for Asia from Ukraine Crisis”, The Straits Times, 2 March 2022, https://www.straitstimes.com/world/lessons-for-asia-from-ukraine-crisis

[44] Melinda Liu, “China and Russia’s Friendship in Ukraine is Without Benefits”, Foreign Policy, 26 February 2022,https://foreignpolicy.com/2022/02/26/china-and-russias-friendship-in-ukraine-is-without-benefits

[45] Ibid.

[46] Michelle Nicholas and Humeyra Pamuk, “Russia Vetoes UN Security Action on Ukraine but China Abstains”, Reuters, 25 February 2022, https://www.reuters.com/world/russia-vetoes-un-security-action-ukraine-china-abstains-2022-02-25

[47] J. Andres Gannon, Erik Gartzke, Jon Lindsay and Peter Schram, “Why Did Russia Escalate its Gray Zone Conflict in Ukraine?”, Lawfare Blog, 16 January 2022, https://www.lawfareblog.com/why-did-russia-escalate-its-gray-zone-conflict-ukraine

[48] “What is Hybrid War, and is Russia Waging it in Ukraine?”, The Economist, 22 February 2022, https://www.economist.com/the-economist-explains/2022/02/22/what-is-hybrid-war-and-is-russia-waging-it-in-ukraine

[49 Elizabeth Braw, “Russia’s ‘Greyzone’ Aggression is Already Harming Ukraine”, Financial Times, 9 December 2021, https://www.ft.com/content/1a4efd5e-99c5-4d42-addb-7217c0a76676

[50] Peter Layton, “Bringing the Grey Zone into Focus”, The Lowy Interpreter, 22 July 2021, https://www.lowyinstitute.org/the-interpreter/bringing-grey-zone-focus

 [51] “China Accuses ‘Dangerous’ US of ‘Creating Chao’ in Asia”, Al Jazeera, 24 November 2020, https://www.aljazeera.com/news/2020/11/24/china-condemns-dangerous-us-over-its-policies-in-asia

[52] “China Says U.S. is Undermining Stability in South China Sea”, Reuters, 14 July 2020,https://www.reuters.com/article/usa-china-southchinasea-mofa-idUSB9N28200C [53] Bonnie Glaser, “On the Defensive? China Explains Purposes of Land Reclamation in the South China Sea”, 20 April 2015, Asia Maritime Transparency Initiative, https://amti.csis.org/on-the-defensive-china-explains-purposes-of-land-reclamation-in-the-south-china-sea/

[54] Ministry of Defense (Japan), 2021 Defense White Paper, pp. 248-251, https://www.mod.go.jp/en/publ/w_paper/wp2021/DOJ2021_EN_Full.pdf, https://japan-forward.com/asias-next-page-japans-planning-on-taiwan-mitigating-beijings-gray-zone-warfare/.

[55] “China Says Taiwan is ‘Not Ukraine’ as Island Raises Alert Level”, Reuters, 23 February 2022, https://www.reuters.com/world/asia-pacific/taiwan-says-must-raise-alertness-over-ukraine-crisis-2022-02-23/. Beijing and Taipei have differing interpretations of the 1992 Consensus ― the former sees it as an agreement that “both sides of the strait belong to one China” and that both parties will work towards reunification; Taiwan’s ruling Democratic Progressive Party has never endorsed the 1992 Consensus. See Council on Foreign Relations, “Why China-Taiwan Relations are So Tense”, CFR, 10 May 2021, https://www.cfr.org/backgrounder/china-taiwan-relations-tension-us-policy.

[56] Cindy Wang, “Taiwan Outlines Plans to Counter China’s ‘Gray Zone Threats’”, Bloomberg, 9 November 2021, https://www.bloombergquint.com/global-economics/taiwan-outlines-plans-to-counter-china-s-gray-zone-threats

[57]  “Speech by Minister for Education Mr Chan Chun Sing at the 41st IISS-Asia Fullerton Lecture, ‘Singapore Amid Great Power Rivalry’”, 9 November 2021, https://www.moe.gov.sg/news/speeches/20211109-speech-by-minister-for-education-mr-chan-chun-sing-at-the-41st-iiss-asia-fullerton-lecture-singapore-amid-great-power-rivalry

[58] In the 2022 State of Southeast Survey conducted by the ISEAS – Yusof Ishak Institute, the majority of 1,677 respondents viewed China as the most influential economic power in Southeast Asia, and also the most influential political and strategic partner. See Sharon Seah et al., The State of Southeast Asia: 2022 (Singapore: ISEAS – Yusof Ishak Institute, 2022), pp 20-23, /articles-commentaries/state-of-southeast-asia-survey/the-state-of-southeast-asia-2022-survey-report/

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2022/23 “The Johor State Election: A Spiderweb of Spats, Splits and Surprises” by Francis E. Hutchinson and Kevin Zhang

 

Different party flags fluttering for attention in Parit Jawa, Muar. Photo taken by Kevin Zhang, ISEAS – Yusof Ishak Institute, on 5 March 2022.

EXECUTIVE SUMMARY

  • While the opposition coalition, Pakatan Harapan (PH), no longer seems fresh or even united; certain member parties, notably the Democratic Action Party, look strong in urban seats – most of which they have held since 2013.
  • Former Prime Minister Muhyiddin Yassin’s Perikatan Nasional coalition may net a handful of seats, leveraging off his networks in the state and attracting Malay voters in urban and rural areas with its message of anti-corruption and good governance.
  • No less than three parties are making their electoral debuts in the Peninsula with this election, with many targeting UMNO’s heartland constituencies. Unless they field credible local candidates, they are unlikely to make much headway. However, more multi-cornered fights increase the likelihood of unexpected outcomes as votes get split between candidates.
  • Lastly, automatic registration and the lowering of the voting age open the door for the participation of lots of first-time voters, who cannot be assumed to be BN supporters. However, BN will benefit if turnout is low, be this due to apathy or to COVID-related fears.

* Francis E. Hutchinson is Senior Fellow and Coordinator of the Malaysia Studies Programme, and Kevin Zhang is Research Officer in the Malaysia Studies Programme at ISEAS – Yusof Ishak Institute. The authors would like to thank Lee Hwok Aun and Serina Rahman for their comments.

ISEAS Perspective 2022/23, 8 March 2022

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INTRODUCTION

On 12 March, Malaysia will hold yet another election. Prior to 2018, most states and the federal government operated on the same electoral cycle. However, following Barisan Nasional’s fall from power, Johor is now the fourth state to hold elections separately – and national polls may not be far behind.

Along with Melaka and Negri Sembilan, Johor is one of the ethnically-mixed and urbanized southern states won by Pakatan Harapan (PH) for the first time in 2018. Two years later, Johor, like Melaka, was seized by a newly-formed alliance of Malay-based parties. The political rejig resulted in a coalition with a mere two-seat majority in the state’s 56-seat assembly.[1] Following the death of an assemblyperson late last year, this decreased to one.

Despite high numbers of Omicron cases in the state, Mentri Besar Hasni Mohammad advised the Johor sultan to dissolve the state assembly on 22 January, arguing that he needed a convincing majority to govern effectively. This justification is surprising, given the good working relationship between the state administration and the opposition. Instead, many speculate that the underlying drive is for UMNO and BN to secure a convincing victory in Johor which would generate momentum for early national polls.[2] Indeed, UMNO Deputy President Mohamad Hasan has directly appealed to Prime Minister Ismail Yaakob to hold national elections as soon as possible.[3]

Regardless of the rationale for the election, the results will be scrutinized for the smallest of insights. The southern state’s population of 3.8 million is the third-largest in the country, and its demographic composition and characteristics broadly map onto the national average. As with Malaysia as a whole, Johor is more than 70 percent urbanized, with a more urban portion in the west and vast rural areas in the east, and its median monthly income mirrors the national average.[4] The state is somewhat more ethnically diverse than the nation as a whole, with larger Chinese and Indian populations.

The timing of the election is key. Johor will be the first state to hold polls after the implementation of automatic voter registration and the lowering of the voting age to 18. The impact of both measures has increased the state’s voters from 1.8 million in 2018 to 2.6 million now.[5] Due to the state’s importance and its enlarged voter base, the three coalitions are taking campaigning seriously – as are a number of new parties.

The next section will analyse recent voting trends in Johor, while the following part will analyse the campaigns and candidates in the upcoming polls. The final section will look at the implications.

RECENT ELECTIONS IN JOHOR

From independence until 2013, Johor was a bedrock of support for Barisan Nasional, as the coalition consistently scored 10 percentage points more in the state relative to the national average. BN leveraged the advantages of its coalition style of politics, which allowed its member parties to pool resources and strategically deploy candidates. In addition, it also benefited from Malaysia’s first-past-the-post system and general malapportionment which boosted the representation of the state’s less populated rural seats.

Poster of Barisan Nasional candidate for Penggaram Ter Hwa Kwong at a community hall. Photo taken by Kevin Zhang, ISEAS-Yusof Ishak Institute, on 6 March 2022.

Other local dynamics further increased BN’s advantages in Johor. UMNO’s founding in the state and long association with nation-building has helped attract party members and aspiring leaders. In addition, the traditionalist version of Islam practised in Johor has not provided a hospitable terrain for the Islamic party, PAS.[6] And, in contrast to Selangor and Penang, Chinese voters are less concentrated in specific urban seats, with a significant proportion living in small towns or rural areas.[7] Thus, over time, Barisan Nasional has enjoyed a relatively hospitable terrain in Johor, and the contest for the Malay vote, in particular, has been more muted than elsewhere.

In 2004 as well as the decades before, BN enjoyed almost complete domination of the state legislative assembly, never losing more than a handful of seats to the opposition (Table 2). In 2008, the smaller BN members began to lose ground, however, with the DAP and PAS securing four and two seats, respectively.

In the 2013 state election, the number of UMNO seats was almost unchanged but its partners lost most of theirs, retaining only 6 out of their initial 18 seats. Conversely, that year members of Pakatan Rakyat secured an additional 14 seats. In 2018, the sweep of non-UMNO BN members was almost complete, as they were left with a mere two seats. However, what caused BN to fall that year was UMNO’s unprecedented loss of 15 seats to other Malay-led parties.

This seismic shift was enabled by significant changes in voter behaviour in 2018. Ibrahim calculates that, in the 2013 election, Malay support for BN was 83.3 percent.[8] This solid performance enabled the BN to retain 38 seats, despite a very low level of Chinese support. However, in 2018 Malay electoral support fell to 61.3 per cent, with the remainder going first to PH and then to PAS. The combination of solid non-Malay support for PH coupled with a small swing in the Malay vote lay behind the victories netted by PPBM, PKR, and Amanah.

This dynamic is explored further in Chart 1. The first category (in blue) represents seats where Malays constitute more than 70 per cent of the electorate. BN captured all but one of these super-majority seats in 2018. The second category (in orange) concerns seats where non-Malays collectively comprise more than 50 percent. With PPBM contesting under the PH banner that year, Pakatan Harapan won all seats in this group.

The third and fourth categories (green and red) are seats where Malays constitute between 50 to 69 per cent of the electorate. Even though Malays are an absolute majority in these constituencies, the non-Malay vote can swing the outcome if it is unified. This dynamic is even more powerful in three-cornered fights if the Malay vote is split.

The heated competition in 2018 and many three-cornered fights meant widely varying margins of victory. Both UMNO and the DAP secured a substantial proportion of their victories by large margins, securing 7 and 10 seats, respectively, with majorities above 20 percent (purple and orange bars in Chart 2). Amanah secured three, PPBM two, and PKR one seat with margins greater than 20 percent.

Conversely, UMNO had six, PPBM one, and PKR, Amanah, and DAP each had two seats secured with less than a five-percent majority (blue bar in Chart 2). As regards UMNO, five of its six narrow majorities were secured in three-way contests, where the combined weight of Pakatan Harapan and PAS candidacies seriously reduced its winning margin (Annex 1).

When analysed comprehensively, the DAP and UMNO secured a substantial proportion of their seats by a healthy margin. PPBM in turn won a good proportion of its seats in the 10-20 percent range, although its ability to repeat this feat in the same constituencies is debatable given the change in its political affiliation in 2020. PKR also looks vulnerable, given that three of its five seats were won with majorities under 10 percent.

THE CAMPAIGN

Compared to its predecessor four years ago, this year’s election in Johor differs in important ways. In 2018, much of the attention was on national-level issues, specifically the 1MDB scandal and the imposition of GST. This year, the stand-alone election entails more attention on state-level issues. Given the COVID pandemic and economic downturn, the campaign manifestos of the three large coalitions share similarities, with frequent mention of social welfare initiatives, the need for economic reactivation, and the rising cost of living.

The Johor Barisan Nasional campaign is headed by caretaker Mentri Besar Hasni Mohamad, who is seeking another term. The BN manifesto is entitled A Stable Future, and has five key pillars, namely: economic progress; citizen welfare; youth outreach; administrative integrity; and political reform.[10] The document puts considerable emphasis on economic issues, and lays out initiatives to help specific interest groups such as FELDA settlers, lower-income groups, and SME owners.

However, there is a clear political dimension to the document in that it frequently emphasizes the need for political stability. The subtext is that Johor needs to return to the pre-2018 period when BN had a solid majority in the state assembly. The frequent changes in state leadership with three Mentri Besars since 2018 are held to have affected growth and investment levels. Greater support for BN, ideally in the form of a two-thirds majority, would enable investor confidence to return. This would be further underpinned by promised amendments to the state constitution to prohibit party-hopping. Other interesting campaign pledges include a commitment to redraw the boundaries of over-populated state seats; pledging to provide all state representatives with equal constituency allocations; and requiring all elected assemblypersons to declare their assets to the Malaysian Anti-Corruption Commission.[11]

With his genial manner and technocratic style, Hasni is very much at the forefront of the campaign. Beyond his merits, the chosen tactic is to focus on local-level issues. BN candidates in Johor have sought to move on from the corruption cases facing UMNO national leaders, arguing that voters have other priorities.[12] This has not precluded highly publicised visits by former Prime Minister Najib Razak to the state, which has stolen the limelight from Hasni somewhat.[13]

In terms of the breakdown of seats by BN party, UMNO has been allocated 37, MCA 15, and MIC four seats. In line with their traditional formula, UMNO is contesting in Johor’s Malay-majority constituencies, many of which are in rural areas. MCA is almost solely running in Chinese-majority and mixed seats in both urban and rural areas.[14] Three of MIC’s seats are rural, Malay-majority seats, and the last is semi-urban and mixed.[15]

Perikatan Nasional’s manifesto is entitled For the Sake of Johor’s People.[16] Of the Manifesto’s 8 pillars, integrity and corruption-free leadership stands first and foremost.[17] Consequently, despite its membership in the ruling federal coalition, Perikatan Nasional’s campaign shares many similarities with PH’s. Relative to PH’s focus on anti-corruption and good governance, PPBM President Muhyiddin Yassin adds additional nuance to the charge, stating that it was BN’s corruption that caused it to betray the interests of the Malays.[18]

As with Pakatan Harapan, PN makes reference to its tenure in government at the national level, with Muhyiddin emphasising his role as Prime Minister in disbursing financial assistance to needy citizens during the COVID-19 pandemic. Given Muhyiddin’s tenure as Johor’s Mentri Besar and MP for Pagoh, PN is also capitalizing on his prestige and links to the state – even though he is not running this time.[19] PN has put forward Shahruddin Jamal, the former Mentri Besar under PH as the campaign head.[20]

Poster of Perikatan Nasional Chairman Muhyiddin Yassin along a main road in Batu Pahat town. Photo taken by Kevin Zhang, ISEAS-Yusof Ishak Institute, on 5 March 2022.

In terms of seat distribution, PPBM is contesting in 33 seats, PAS in 15 and Gerakan in 8. In contrast to UMNO, PPBM is fielding candidates in very diverse constituencies. This includes rural Malay-majority seats such as Rengit, Panti and Sedili, as well as urban, Malay-majority constituencies such as Larkin and Kempas. Interestingly, despite its status as a Malay-based party, PPBM is also fielding Chinese candidates in Chinese-majority seats such as Bekok, Skudai, and Mengkibol. This could be a conscious strategy to maximise the possibility of securing at least some seats. In contrast, PAS’ strategy is more focussed on running against its splinter party Amanah, with an almost total overlap in their seats.[21]

As regards Pakatan Harapan, the coalition also frames this election with reference to national issues, including its interrupted tenure in power.[22] PH has also made anti-corruption and clean governance the key pillars of its election message. However, the anti-corruption struggle is cast as a benefit to all Malaysians instead of a specific group. PH has framed a vote for BN as an endorsement of pervasive corruption, with allegations that UMNO leaders Najib and Zahid are forcing this snap state election to hasten the general election and avoid their impending imprisonment.[23]

In contrast to the BN campaign, which has come across as cohesive and organised, Pakatan Harapan’s has been marred by infighting. It has yet to clearly announce its choice for Mentri Besar, although it is rumoured that it will field former Education Minister Maszlee Malik.[24] Differences in tactics and personalities between PKR on one side and the DAP and Amanah on the other have also come to the fore. Awkwardly, PKR has decided to contest using its own logo as opposed to the PH symbol, which the other two parties have chosen to retain.[25]

PKR has also differed from the DAP and Amanah in their approach to working with the newly-established Malaysian United Democratic Alliance (MUDA). The latter party, headed by Muar MP Syed Saddiq seeks to appeal to younger voters, and has proven popular on social media. Although MUDA is not officially a part of PH, Amanah and DAP came to an amicable arrangement with it, yielding six seats for it to contest in. In contrast, its negotiations with PKR were unsuccessful. In the end, MUDA has opted to run against PKR in one seat, Larkin.[26]

In terms of seat allocation, PKR is running in 20, and Amanah and DAP are contesting 16 and 14 seats, respectively. Broadly, the parties have agreed to retain their 2018 constituencies while PKR, Amanah, and MUDA have divided up among themselves the seats that PPBM contested in 2018. Mirroring UMNO, PKR and Amanah are running in mostly rural or semi-urban Malay-majority seats, spanning those with a slight Malay majority to those with 80 percent or more Malay voters. PKR has slightly more diversity in that it is also contesting in several urban Malay-majority seats and one mixed urban seat.[27] This diversity may be necessary for PKR’s survival, given that it is running against UMNO in many seats. DAP’s unchanged seats mean that almost all its seats are either Chinese-majority or mixed; it is running against MCA(BN) in all, and Gerakan (PN) in half of them.[28]

In addition to the three large coalitions, Johor’s political importance and larger voter base see a range of smaller and newer political parties also joining the fray. This year, there are no less than 239 candidates from many different parties, including a substantial number of independents. Consequently, most contests will be four-cornered, with a significant number of five-cornered fights (Annex 3). However, unless these new parties field known personalities, ideally with a track record in the communities where they are running, it will be difficult for them to make inroads. However, they may siphon off votes from the more established parties.

In addition to MUDA, Parti Pejuang (Pejuang) – established by former Prime Minister Mahathir Mohamad – could increase the election’s unpredictability. Squarely targeting Malay voters, the party is fielding 42 candidates in Malay-majority seats, and has some prominent figures among them. This overlap means that all UMNO contests are at least four-cornered – increasing the possibility of Malay votes being split multiple ways (Annex 3).[29] That said, Pejuang may face an uphill battle in the state as Mahathir is less favourably perceived due to his past disagreements with the Johor royalty.

VOTING

In addition to the sheer number of contesting parties and candidates, this election differs from past polls in another key aspect. The passing of the automatic voter registration bill and the lowering of the voting age from 21 to 18 has significantly increased the size of the electorate and lowered its average age.

The combined impact of these bills means that the Johor’s electoral roll has increased from 1.8 to 2.6 million voters. About one quarter of the growth is due to the inclusion of voters aged 18-20, and the remainder comprises previously unregistered voters. Consequently, all state seats in Johor have increased by at least 20 percent, with a significant number of urban areas growing by 50 percent or more (Annex 4).

Seats which now experience a proportionately large growth of voters are located within or around Johor Bahru.[30]This affects a significant number of PH-held seats. Conversely, UMNO seats have grown less, given their smaller population base and potentially due to effective voter mobilization efforts in the past. Nonetheless, even the most rural UMNO seat now has a substantial number of new voters.[31]

As regards previously unregistered voters, conventional wisdom suggests that this group is unlikely to go to the urns – especially given resurgent COVID-19 numbers. However, it is worth questioning this premise. Given the depth and reach of BN grassroots networks in Johor and their consistent efforts to recruit members, it is likely that previously unregistered voters are consciously a-political, anti-establishment, or have been discouraged from enrolling. All of these bode ill for BN even if they may not necessarily favour Pakatan Harapan. In addition, the very low take-up of overseas voting following its introduction for this election could be an indicator of widespread apathy among a demographic that has tended to favour the opposition.[32]

There is also one powerful countervailing force in BN’s favour. Over its years in power, the coalition has built up a fantastic grassroots network and campaign machinery to mobilise people to vote come election time. This consistency is what underpinned the coalition’s surprisingly good performance in Melaka last year, where roughly the same number of people cast their vote for BN as in 2018. In contrast, pandemic fears or apathy drastically reduced the number of votes for Pakatan Harapan in the state.[33] Next Saturday, it is a virtual certainty that BN supporters will turn up to vote. While many of the other voters may be ready for a change, they will need to make their own way to the polling stations – if at all.

IMPLICATIONS

All eyes will look first to Barisan Nasional and its performance on March 12. Given the way that the coalition has framed the election, even if they do not secure their target of a two-thirds majority they will need to win substantially more than 30 seats. All the heavy lifting will need to be done by UMNO which, in addition to retaining its base of Malay super-majority seats, has to reclaim Malay-majority seats that it lost to PKR, Amanah, and PPBM. The MIC may well retain its current holdings, and MCA could net a seat or two. If UMNO can do this convincingly with its smaller partners netting a seat or three, BN will carry the state.

In contrast to 2018, Pakatan Harapan is looking less cohesive and less appealing to voters. A drop in turnout or the loss of vote share to new parties could see PH lose an important number of seats. Of the PH component parties, the DAP looks the most secure, given where it is contesting, and the lower level of competition it is facing relative to its allies. In contrast, Amanah and PKR are looking vulnerable, particularly in more rural, Malay-majority seats that voted for the opposition for the first time in 2018. If PH does noticeably worse, and particularly if PKR performs as badly as it did in Melaka, Anwar Ibrahim’s leadership will come under serious question. This has been accentuated by his decision to shun the PH logo, which will leave all failures unquestionably on his shoulders.

Poster of Pakatan Harapan candidate for Penggaram Gan Peck Cheng on a vehicle. Photo taken by Kevin Zhang, ISEAS-Yusof Ishak Institute, on 7 March 2022.

Perikatan Nasional also has a lot riding on this election. Given Muhyiddin Yassin’s association with Johor, a poor performance will weaken PN substantially. Mirroring UMNO’s role within BN, PPBM will need to score the big wins for PN. Despite its association with Johor, PN may repeat its performance in Melaka, where it netted a considerable number of votes but few seats. If PN cannot be a player in forming the next state government, this would raise questions about its utility as a coalition partner for PAS.

Looking at the advantages BN faces going into the election, this is the former ruling coalition’s to win. Given its 19 seats in 2018 in such an unfavourable environment, BN has exceptionally strong chances of doing significantly better this time. Should all the winds be in its favour and BN attains a two-thirds majority, pressure for early national elections will be well-nigh impossible to resist. However, should the coalition net above thirty seats but not secure a two-thirds majority, life in Johor will revert to its pre-election and COVID-afflicted state. There will be little excitement or justification for national elections soon after.

ANNEX

Annex 1. Seats Won with a Narrow Majority (2018)

ENDNOTES


[1] https://fulcrum.sg/inter-and-intra-coalition-competition-in-johor-a-kueh-lapis/

[2] https://fulcrum.sg/elections-in-johor-needlessly-nigh/

[3] https://www.nst.com.my/news/politics/2022/02/775683/mohamad-hasan-asks-pm-consider-umnos-call-general-election

[4] RM 6,427 versus 5,873 nationally. 12 Malaysia Plan, p. 10-7.

[5] https://www.tindakmalaysia.org/home/johor-election-site

[6] /wp-content/uploads/pdfs/TRS3_18.pdf

[7] For information on UMNO’s links to Johor, please consult Hutchinson (2015). For the MCA, please see Lee and Chan (2020). Zhang, Choo, and Fong (2021) also look at this last point.

[8] Ibrahim, Suffian and Lee Tai De, ‘How Malaysia Voted in 2018’, in Meredith Weiss (ed.) Towards a New Malaysia (Singapore: NUS Press, 2020), pp. 27.

[9] Ibid

[10] Ikhtiar BN Johor untuk Kestabilan Masa Depan.

[11] The manifesto’s key pillars are: economic progress; citizen welfare; youth outreach; administrative integrity; and political reform. Ikhtiar BN Johor untuk Kestabilan Masa Depan, pp. 29-31.

[12] https://www.malaymail.com/news/malaysia/2022/02/16/mca-aiming-to-win-six-seats-in-johor-says-voters-no-longer-angry-with-najib/2041929

[13] Ikhtiar BN Johor untuk Kestabilan Masa Depan, p. 29; https://www.malaysiakini.com/news/612286

[14] There are several exceptions to this. UMNO is running in two urban, Malay-majority seats (Larkin and Kempas) and MCA is contesting in one Malay-majority seat (Pekan Nanas).

[15] Kemelah, Kahang, and Tenggaroh for the first; Bukit Batu for the second.

[16] Demi Bangsa Johor.

[17] The other seven are: economic recovery; addressing the cost of living; addressing public priorities; social welfare; infrastructure; recovery of the tourism sector; and environmental sustainability.

[18] https://www.malaymail.com/news/malaysia/2022/02/11/muhyiddin-labelled-a-malay-turncoat-says-najib-the-real-traitor-for-embezzl/2040972

[19] Muhyiddin has decided not to defend his Gambir seat, instead yielding it to Johor PPBM Information Chief Mohd Solihan Badri.

[20]https://www.malaymail.com/news/malaysia/2022/02/24/johor-polls-perikatan-headlines-former-mb-dr-sahruddin-jamal-in-candidate-l/2043755

[21] Even though Amanah (PH) and PAS (PN) will only contest in 16 and 15 seats respectively, the bulk of their seats are in competition against each other. This is a continuation of the trend first seen in Melaka. What is more interesting is that out of the nine seats which Amanah won in 2018 and which it is contesting again now – PAS is contesting in seven. The only Amanah-held seats where PAS is not running are Mahkota and Kota Iskandar, where non-Malays constitute close to half of the total electorate. A similar trend is observed for Gerakan, where six of the eight seats it is contesting are held by the DAP. All except one seat have non-Malays forming an absolute majority.

[22] Liew Chin Tong, ‘ A new deal for southern Johor, a new hope for Perling’. 2 March 2022.

[23] https://blog.limkitsiang.com/2022/02/27/johore-and-malaysia-should-not-elevate-shamelessness-as-a-moral-standard-for-political-leaders-who-feel-no-shame-or-guilt-for-making-malaysia-world-infamous-as-a-kleptocracy/

[24] https://www.malaymail.com/news/malaysia/2022/03/01/johor-pkr-man-urges-pakatan-to-refrain-from-naming-its-mb-hopeful-focus-on/2044836 ; https://www.malaysiakini.com/news/608598

[25] The rationale is that the PH logo is associated with the coalition’s short-lived tenure at the national level, but a probable reason is that this allows PKR to appeal directly to Malay voters and avoid association with the largely ethnic Chinese DAP.

[26] https://www.malaysiakini.com/news/611942

[27] Larkin and Kempas; Bukit Batu. PKR won this last seat with more than a 10,000-vote majority.

[28] Pekan Nanas is the only Malay-majority seat which DAP is contesting. Interestingly, despite its Malay-majority demographic it is contested by DAP, MCA and Gerakan rather than Malay-based parties.

[29] Note that half of the DAP’s 14 contests are against only two other opponents.

[30] Puteri Wangsa – a seat within JB – experiencing the highest growth rate among all seats, with its electorate ballooning by 80 percent. There are six seats within Johor Bahru which have an electorate size of between 100,000 to 110,000. In contrast, rural and semi-rural seats such as Tenang and Layang-Layang only have about 25,000 with the difference at 1:4. In other words, AVR has further diluted the impact of each vote in urban constituencies. Given that the rate of growth is smaller for rural seats, coupled with the base effect whereby rural seats typically have a smaller population, AVR has further magnified impact of malapportionment between urban seats in Johor Bahru and rural or semi-rural seats located elsewhere in Johor.

[31] AVR is likely to have the greatest impact in seats which were won by a narrow majority in 2018. As seen in Annex 1, these seats are largely located in rural or semi-rural areas. Both PH and BN won a sizeable number of seats in 2018 with a victory margin of less than 5 per cent, far smaller than the increase in number of voters. Consequently, the implementation of AVR may affect their chances of retaining these seats.

[32] https://www.nst.com.my/news/nation/2022/03/776846/ec-issues-36729-postal-vote-forms-johor-polls

[33] https://fulcrum.sg/perikatan-nasionals-performance-in-melaka-worth-a-double-take/

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2022/22 “China and Chinese Overseas: A Softer Soft Policy Needed?” by Tan Chee-Beng

 

As of 2021, there were 33 Confucius Institutes and 35 Confucius Classrooms in ASEAN. In this picture, a banner advertising training for Mandarin teachers in Malaysia at Universiti Malaysia Pahang. Source: https://www.facebook.com/Confucius-Institute-100623258174139/photos/389365545966574.

EXECUTIVE SUMMARY

  • This paper describes China’s soft power in relation to Chinese overseas who as a whole constitute a potentially important resource for it.
  • Major institutions involving Chinese overseas include the Overseas Chinese Affairs Office of the State Council, the China Public Relations Association and the China Council for the Promotion of Peaceful Reunification, as well as similar associations established among Chinese overseas, such as the Malaysia-China Public Relations Association, the Thailand-China Association for Promotion of Peaceful Reunification of China, and others.
  • Confucius Institutes and Chinese mass media play important roles in China’s soft power policy, and these have an impact on Chinese overseas too. As of 2021, there were 33 Confucius Institutes and 35 Confucius Classrooms in ASEAN.
  • China will need to be sensitive to the feelings of both the ethnic Chinese and the non-Chinese population of other countries. It has to, at the same time, deal with allegations of exploitation made by hostile western governments, and by local politicians and NGOs. Such accusations may also have a negative impact on how local Chinese are viewed. Chinese overseas will also have to be careful about China’s “suffocating embrace”.

* Guest writer Tan Chee Beng is Adjunct Professor at the Chinese University of Hong Kong.

ISEAS Perspective 2022/22, 7 March 2022

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INTRODUCTION

The concept of soft power refers to the use of cultural and economic resources by a country to gain the support of overseas organizations and foreign governments or to get them to act in line with the interests of the country without the use of military power. This concept was proposed by Joseph S. Nye in 1990.[1] He likens it to “hard power is like brandishing carrots or sticks; soft power is more like a magnet”.[2]

This paper describes China’s soft power in relation to the Chinese overseas. Its soft power policies are important for mobilizing international cooperation with China and gaining support for its promotion of national unification and for rebuttal of western anti-China rhetoric. Influential ethnic Chinese business people and politicians in other countries play important roles in this and in enhancing economic cooperation that benefit both China and their country of residence.

While the label Chinese overseas is preferred by most scholars in studying people of Chinese origins living overseas, its use, like with the terms “overseas Chinese” and “Chinese diaspora”, is not without problems. Strictly speaking, the term “Chinese overseas”, haiwai huaren,refers to Chinese who have identified with their respective countries, but often its use, as in this paper, may include new immigrants who are mostly huaqiao (overseas Chinese), meaning citizens of China residing overseas. At the same time, the term “Chinese diaspora” is best used to refer to new immigrants who are really sojourners, who still see China as home; but many scholars also use it to include ethnic Chinese belonging to different nationalities. As for the term “overseas Chinese”, it is historically a term that refers to huaqiao or “Chinese sojourners”.

Overseas Chinese Institutions

The Overseas Chinese Affairs Office of the State Council (OCAO, 国务院侨务办公室) is the state institution that deals with Chinese overseas. The roles of the OCAO have changed over time, however. During the Maoist era, overseas Chinese played an important role in lessening the sufferings of the Chinese population in China in the face of the US economic blockade.[3] Following China’s opening and reforms initiated by Deng Xiaoping, Chinese overseas were encouraged to invest in China and to help in the development of designated emigrant regions (qiaoxiang). The latter process was broadly and well facilitated by Qiaolian or the Federation of Returned Overseas Chinese from the national to the county levels.

In 2018, the OCAO was administratively placed under the United Front Work Department of CPC Central Committee (中共中央统一战线工作部), as was the National Ethnic Affairs Commission (NEAC) of the People’s Republic of China (中华人民共和国国家民族事务委员会). This may be seen as a shift towards an emphasis on the grand unification of China internally (further integrating the minorities) and externally (the unification of Taiwan with the mainland). By the 2000s, China had become an economic power and no longer needed to rely on Chinese overseas for its development, and so the reorganization and the reorientation of focus were understandable. 

Soon after the establishment of the People’s Republic of China in 1949, China established friendship associations in some countries to promote bilateral cooperation and friendship. For example, the China-Vietnam Friendship Association (中国越南友好协会) was established in 1950. In Indonesia, the Indonesia-China Friendship Association(印尼中国友好协会)was founded in the 1950s. There was also the Thai-Chinese Relationship Association (泰中关系协会).

In 1987, China established its China Public Relations Association (CPRA, 中国公共关系协会). One of its aims is to strengthen links with organizations and individuals worldwide in aid of China’s international relations (www.cpra.org.cn). In fact, the CPRA relies a lot on Chinese overseas. In Malaysia, there is a Malaysia-China Public Relations Association (马中公共关系协会). On 30 September 2019, a number of its executive committee members met the press to issue a statement denouncing groups in Malaysia which had demonstrated in support of the protests in Hong Kong against its government and China.[4]

In 1988, China established the China Council for the Promotion of Peaceful Reunification (中国和平统一促进会), seeking to promote the unification of Taiwan with the mainland. The council promotes the formation of Associations for Promotion of Peaceful Reunification of China (APPRC) overseas. The president of APPRC in a country is always an influential local Chinese leader. In Trinidad, for instance, the president of the Trinidad and Tobago Association for Promotion of Peaceful Reunification of China (interviewed in May 2012) was also vice president of Central and the South America Association for Promotion of Peaceful Reunification of China (中南美洲中国和平统一促进会), and president of the China Society (中华总会) in Trinidad.

There are also APPRC associations in Southeast Asia, albeit some with slightly different names. The Thailand-China Association for Promotion of Peaceful Reunification of China was established on 7 February 2001, just after the Philippine-China APPRC was formed on 2 January 2001.[5] In Indonesia, we have the Indonesian Chinese-China Association for Promotion of Peaceful Reunification of China (印尼华人中国和平统一促进会, 原称:印尼东爪哇中国和平统一促进会). On the day of its official formation on 19 March 2007, it condemned Chen Shui-bian’s call for Taiwan’s independence.[6] There is also the World Vietnam Kampuchea and Laos Chinese-China Association for Promotion of Peaceful Reunification of China (世界越棉寮华人中国和平统一促进会) which was established in 1983 in Guangzhou, and it holds general meetings and forums in China and overseas. 

The one in Malaysia is called Malaysia One China Association for Promotion of Peaceful Reunification of China (马来西亚一中和平统一促进会), emphasizing yizhong or “One China”. It was initiated by Chinese Malaysian businessman Lim Geok Tong (林玉唐) and his business colleagues in 2004.[7] On 8 October 2021, this association issued a statement to condemn AUKUS, the trilateral security pact between Australia, the United Kingdom and the United States. Indeed, overseas Chinese pro-China associations serve to speak up for China on major international issues. On 15 July 2021, for instance, various such pro-Beijing associations in Malaysia, including the Malaysia One China Association for Promotion of Peaceful Reunification of China, the Malaysia-China Public Relations Association (马来西亚中国公共关系协会), and the Malaysia One Belt One Road Committee (马来西亚一带一路委员会), issued a joint statement which called upon the USA and western countries not to politicize Covid-19 and insult China.[8]

In addition to encouraging the establishment of pro-China associations, China may appoint a local Chinese as a special envoy, giving him special standing with regards to China. For example, in 2014 one MCA (Malaysian Chinese Association) politician in Melaka was appointed by China to be its special business envoy in the state (马六甲州政府对华商务特使). He was instrumental in getting the Melaka government to approve joint economic projects in the state involving China and local firms. One example is the US $7.3 billion Melaka Gateway project, which involves reclaiming land along the coast for real estate development.

CONFUCIUS INSTITUTES

An important institution of Chinese soft power is the Confucius Institute which promotes the study of the Chinese language and Chinese civilization overseas whilst cementing good relations between China and the host countries. Its headquarters under the Ministry of Education in Beijing was known as the Office of Chinese Language Council International (Hanban汉办); in July 2020, it was renamed Center for Language Education and Cooperation or CLEC (教育部中外语言交流合作中心). Besides the Confucian Institutes which are attached to universities in foreign countries, there are also Confucius Classrooms (孔子学堂) established in local schools. The first Confucius Institute was established in Seoul in 2004. By December 2019, there were 550 such institutes in 162 countries.[9] 

In ASEAN, as of 2021, there were 33 Confucius Institutes and 35 Confucius Classrooms.[10] Only Brunei and East Timor do not have any Confucius Institute, while Myanmar has only three Confucius Classrooms. Thailand has the most, 16 in all. This shows the popularity of learning Chinese in that country.[11]

There are eight Confucius Institutes in Indonesia, but they are called Pusat Bahasa Mandarin or Mandarin Language Centre, such as the one at Al Azhar University of Indonesia in Jakarta. This is most likely an adjustment in a country where any perception of intervention by China is sensitive. 

In Southeast Asia in general, Confucius Institutes are welcomed for providing opportunities for the study of Chinese language and Chinese culture. However, in the West, governments and China critics see Confucius Institutes as the Chinese Communist Party’s attempt to carry out global propaganda. The general anti-China attitude, no doubt, contributes to this but the management of the institutes under the Chinese Ministry of Education also adds to the suspicion that China has ulterior motives. Jennifer Hubbert points out that while students in the US appreciated the learning of Chinese, they found the curriculum tedious and they were generally suspicious of what they perceived as Chinese government propaganda (Matthews 2021).[12] The adoption of the new name CLEC and related administrative adjustments may be seen as an attempt to reduce the suspicious attitude towards Confucius Institutes.

China also pursues its soft power policy by supporting local initiatives for the teaching of Chinese. An interesting example is the Asia International Friendship College (亚洲国际友好学院)[13] in Medan which was officially established on 20 August 2008 by the Association of Community of Social & Education of Indonesia North Sumatra Indonesian Chinese (印尼苏北华社慈善与教育联谊会) that was formed to help tsunami victims in Aceh. The School of International Culture of South China Normal University (华南师范大学) helps to provide teachers and to design the curriculum. The China Overseas Association (中国海外交流协会) in China as well as its branch in Guangdong also helps in recruiting Chinese language teachers who are paid by the Chinese government.

MASS MEDIA

In the globalized world today, people have easy access to international media and therefore, global media coverage is important to soft power projection. China has the English GCTN and the Chinese Zhongguo Guoji (China International), which broadcast news and feature programmes in English and Chinese respectively for the global audience. Unlike the news for domestic audience, GCTN English news reporting generally does not follow the rather fixed pattern of first reporting about President Xi Jinping, and about other senior ministers before reporting other news.

China’s civilization, rich fauna and flora, diverse foodways, martial arts, intangible heritage, etc., no doubt, are of interest to many people worldwide. Chinese and non-Chinese. Programmes on these are not only informative but also serve soft power objectives. However, in rebutting western anti-China rhetoric, China’s media could be made more effective through reliance on more concise reporting and analyses that do not appear propagandistic.

China’s mass media have a significant impact on Chinese overseas, especially those who speak Mandarin. In particular, the common language (Mandarin) brings people together even though politically the Chinese overseas have identified with their respective countries. Such civilizational identification[14] is, no doubt, significant in making Chinese overseas an important element in China’s soft power policy. China’s annual TV programme for Chinese Lunar New Year celebrations, for example, is of interest to many Chinese overseas and indeed it is planned to appeal to both China’s citizens and Chinese overseas.

SOFTER SOFT POWER?

In his comment on China, Nye (2021: 10) points out that “China should realize that most of a country’s soft power comes from its civil society rather than from its government” and that “[p]ropaganda is not credible and thus often does not attract.”

China can learn the soft power approach of British Council and Goethe Institute in contrast to the Communist Party’s felt need to control everything. A soft rather than a blatant approach is more effective in achieving soft power objectives.

An example of China’s institutions that resemble British Council is China Cultural Center of Mauritius (毛里求斯中国文化中心). It has a spacious building, and it offers instructions in Chinese language, Chinese martial arts and Chinese crafts. During my visit in August 2013, I was impressed with the local children, Chinese and non-Chinese, producing arts of not only Chinese motifs, but local motifs as well. Its Chinese language classes attracted both Chinese and non-Chinese. Even some older Chinese who were Hakka-speaking signed up to learn to speak Mandarin.

The cultural dimension of China’s soft power has focused on the teaching of Chinese language and civilization. Given China’s achievements in economy, science and technology, organizing seminars and training camps on these themes to people of different walks of life would be most welcome. This would enhance its soft power impact in the long run.

CONCLUSION

There is a lot more one can write about China’s soft power policy, and the discussion above shows that it potentially involves the Chinese overseas a lot. The latter can be rather diverse from country to country, and their perception of China’s soft power policy also differs. In island societies such as Mauritius, Trinidad & Tabago, and Tahiti, which I had observed, even the localized Chinese welcome China’s economic and cultural inputs. Both the old and new immigrants rely on China’s help to promote Chinese arts and cultural performance. In Southeast Asia, the ethnic Chinese do not have to depend on China to promote their cultural activities although cultural troupes from China are always welcome. In both Mauritius and Southeast Asia, China’s soft power strategies gain from the support of ethnic Chinese leaders to liaise with the local governments, and this may include cooperation on major local economic projects.

The influential roles that ethnic Chinese business leaders and politicians play in Southeast Asia naturally make them an important resource for China’s soft power strategy in the region. Pro-China organizations argue that China is not aggressive internationally, rebut western anti-China rhetoric and support the unification of Taiwan with the mainland. In return, China provides these ethnic Chinese leaders with status and social and economic networks in China. Its ambassadors now and then show concern about ethnic Chinese interests by giving donations to Chinese schools. Nevertheless, China needs to be sensitive to the feelings of both the ethnic Chinese and the non-Chinese populations. The local Chinese do not wish for China’s activities to stir up the feelings of non-Chinese majority against them. But while they may be proud of the achievements of China and welcome its support in cultural matters, they need to be careful about its “suffocating embrace” (Wang 1981: 278).[15]

With its expansion of the Belt and Road Initiative, Chinese investment in building dams, ports, railways and other kinds of infrastructure in many countries is impressive, but it has to cope with accusations of putting these countries in debt, involvement in corruption and co-optation of senior government and military officials, etc. It is essential for China to build a good image among ordinary citizens of the countries where it invests, not just the ethnic Chinese. It can do this by having centres and organizations that provide services that benefit them. The present policy of providing scholarship for higher education in China, for example, can be expanded.

ENDNOTES


[1] Joseph S. Nye, Bound to Lead: The Changing Nature of American Power, New York: Basic Books, 1990.

[2] Nye, Joseph S. Nye, “Soft Power: The Evolution of a Concept,” Journal of Political Power, 2021. Doi: 10.1080/2158379X.2021.1879572.

[3] Glen Peterson, Overseas Chinese in the People’s Republic of China, London and New York: Routledge, 2012.

[4] https://www.sinche[4]w.com.my/20190930/斥大马撑港马中公共关系协会…)

[5] http://www.pcpprc.com/portal.php?mod=list&catid=2

[6] See the 21 March 2007 report in China Qiaowang: http://www.chinaqw.com/hqhr/stzx-yz/200703/21/65879.shtml

[7] https://news.sohu.com/2004/06/03/96/news220369655.shtml

[8] http://yn.people.com.cn/n2/2021/0716/c372459-34822938.html

[9] https://baike.baidu.com/item/%E5%AD%94%E5%AD%90%E5%AD%A6%E9%99%A2/812632.

[10] See union.china.com.cn, 16 December 2021: http://union.china.com.cn/zfgl/2021-12/16/content_41824559.html.

[11] See Confucius Institutes around the World, 2021, https://www.digmandarin.com/confucius-institutes-around-the-world.html.

[12] Gordon Mathews, “Book Review of China in the World: An Anthropology of Confucius Institutes, Soft Power, and Globalization by Jennifer Hubbert, 2019,” Asian Anthropology, 2021, 20 (4): 290-292.

[13] Visited on 28 August 2017.

[14] Tan Chee-Beng, “Chinese in Southeast Asia and Identities in a Changing Global Context,” in Chinese Populations in Contemporary Southeast Asian Societies: Identities, Interdependence and International Influence, eds., M. Jocelyn Armstrong, R. Warwick Armstrong, and Kent Mulliner, Richmond, U.K.: Curzon, 2001, p. 225.

[15] Wang Gungwu, “China and the Region in Relation to Chinese Minorities,” in Wang Gungwu, Community and Nation: Essays on Southeast Asia and the Chinese, Singapore: Heinemann Educational Books (Asia) Ltd., 1981, p. 278.

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2022/21 “Malaysia’s Oil and Gas Sector: Constant Expectations despite Diminishing Returns” by Pritish Bhattacharya and Francis E. Hutchinson

 

A general view shows the Petronas Twin Towers (centre) and other commercial buildings, as seen from KL Tower, in Kuala Lumpur on 24 July 2020. Photo: Mohd RASFAN / AFP.

EXECUTIVE SUMMARY

  • Malaysia has long been dependent on the oil and gas (O&G) sector for a range of purposes. Not least, the state relies on income from the sector to provide a substantial proportion of public revenue.
  • However, while expectations of the O&G sector have been constant, possibilities of endlessly tapping this resource to underpin public spending, continuously boost GDP, and promote domestic entrepreneurship are rapidly diminishing.
  • There are a range of reasons for this, including the growing size of the Malaysian economy relative to that of the O&G sector, frequent price shocks, and the structural decline of the fossil fuel industry.
  • These unchanging expectations also place considerable pressure on Petronas, the state-owned petroleum giant, to continue making substantial contributions to public coffers. Unless mitigated, this threatens the ability of the firm to remain viable and to stay at the technological forefront.
  • Going forward, Malaysians may have to revise their expectations of the sector in general and of Petronas in particular.

* Pritish Bhattacharya is Senior Research Officer in the Regional Economic Studies Programme, and Francis E. Hutchinson is Senior Fellow and Coordinator of the Malaysia Studies Programme at the ISEAS – Yusof Ishak Institute. The authors are grateful to Cassey Lee and Lee Poh Onn for reviewing an earlier draft of this Perspective and providing valuable comments and suggestions. The authors would also like to thank Ms Neo Hui Yun Rebecca for her assistance with Figure 1.

ISEAS Perspective 2022/21, 2 March 2022

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INTRODUCTION 

Since the oil and gas (O&G) sector’s take-off in the 1970s, this natural bounty has yielded myriad benefits to Malaysia. While not falling into the ‘resource curse’ of an unquestioned reliance on natural resources, the O&G sector is nonetheless a key enabler for many aspects of the country’s economy and public finances.

Malaysia’s current account shows the significance of the sector, which has long accounted for a sizable proportion of merchandise exports and foreign exchange earnings. In 1990, for instance, the country’s global exports of fuel and derived products totalled US$5.4 billion and made up 18.3 per cent of all merchandise exports. In 2019, just before the COVID crisis struck, the corresponding figures were US$34.5 billion and 14.5 per cent.[1]

Beyond those in the country’s ledgers, indications of the O&G sector’s skyrocketing success are everywhere – most visibly in the country’s much-vaunted infrastructure. Examples include but are not limited to: the Petronas Towers, the erstwhile tallest buildings in the world and centrepiece of Kuala Lumpur’s skyline; Putrajaya, the country’s administrative capital; and the Kuala Lumpur International Airport.[2]

The sector has also underpinned many of Malaysia’s economic nationalist aspirations. Today, the government-owned corporate giant, Petronas, is a source of pride and, in 2021, was the nation’s sole Fortune Global 500 company. The government has also sought to foster an eco-system of local firms in the O&G sector to diversify the economy and foster more technologically-intensive tasks. And, when demand calls, it has used the country’s national flagship firm to bail out capsizing corporate captains.

However, there are growing signs that, going forward, the sector will no longer be able to play such an outsized role. One statistic suffices to illustrate this trend. In 2009, as much as 40 per cent of government revenue was derived from O&G-related sources; in 2021, however, the corresponding figure had plummeted to a mere 19.2 per cent.[3]

Despite the O&G segment’s prodigious potential, it faces a number of structural constraints and policy challenges. In order to analyse these, this paper will first set out the historical development of the sector and the Malaysian government’s long-term policy objectives. The subsequent sections will look at the key challenges facing the sector and then conclude.

BACKGROUND

Malaysia’s tryst with oil and gas began more than a hundred years ago, when Shell discovered the first oil well in Sarawak in 1910. However, in the following decades, production remained limited. This was because drilling for oil was not particularly lucrative, given the offshore location of many of the country’s oil deposits and relatively low international prices for the commodity.

However, technological improvements in the early 1960s led to the discovery of many more oil fields in Sarawak, which piqued the interest of major foreign players such as Shell, Esso, and Conoco. Under the Continental Shelf Act of 1966, these companies were allowed to operate concessions in return for royalties and tax payments.[4]

These arrangements changed radically in the 1970s. The 1973 Organisation of Petroleum Exporting Countries (OPEC) Oil Crisis underscored the importance of sovereign control over energy resources, whilst highlighting their revenue-earning potential. This, coupled with growing economic nationalism in Malaysia, led the government to secure greater control over the O&G sector and renegotiate production agreements with the international oil majors.[5] The drive was also influenced by the country’s National Economic Policy (NEP) of 1971, which proposed 30 per cent ownership of corporate wealth by indigenous groups to encourage their equitable participation in commerce.[6]

The dynamic local and global O&G landscape led to the formulation of the Petroleum Development Act (PDA) in 1974, which bestowed the central government with formidable authority and laid out the regulatory framework for the sector. This was followed by the establishment of Malaysia’s national oil company, Petroliam Nasional Berhad (Petronas).[7] The entity was incorporated as a private company wholly-owned by the Malaysian government, holding exclusive rights of the ownership, exploration, and exploitation of oil and gas in the country. [8] Petronas answers directly to the Prime Minister.[9]

Petronas then renegotiated the leases granted to international firms operating in Malaysia with production-sharing contracts (PSCs). In 1976, the company went downstream for the first time and Malaysia became a net exporter of oil, reinforcing the enterprise’s primary objective, national self-reliance.

During the worldwide oil glut of the 1980s, the government was forced to increase production and relax the conditions for joint ventures between Petronas and other global oil companies. Over this period, the state-owned giant also forayed into refining and distribution.[10] The discovery of additional oil fields and the completion of the Petronas LNG complex helped the firm secure a comfortable spot in the Fortune Global 500 list.[11] 

Throughout the 1990s, Petronas, in an attempt to establish its presence beyond Malaysian shores, began making inroad investments in emerging ASEAN economies, including Myanmar, Cambodia, Thailand, and Vietnam. Escalating its diversification efforts, the company ventured into the aromatics industry, liquefied petroleum gas (LPG) distribution, polyethylene production, ship-owning, and the development of the Kuala Lumpur City Centre.

At the turn of the century, Petronas further boosted its internationalisation strategy, forming significant upstream and downstream sector agreements with countries in the Middle East, Africa, Europe, and Asia. The firm also initiated risk-sharing service contracts to develop Malaysia’s marginal oil and fields and began consolidating the national petroleum industry to mitigate the impact of global oil price fluctuations.[12]  

POLICY GOALS AND FRAMEWORKS

The goals for the O&G sector were laid out in the 1974 PDA, which were to:

  1. Secure more control over the country’s petroleum resources;
  2. Provide the commodity at affordable prices in the local market to boost the growth of capital- and energy-intensive activities; and
  3. Foster upstream and downstream linkages as well as the participation of local operators in the sector.[13]

Over the decades, subsequent plans such as the 1st, 2nd, and 3rd Industrial Master Plans, the 2010 Economic Transformation Programme, and sector specific initiatives have all retained these themes, namely enabling the sector to grow, retaining ownership control over key aspects of the production process, promoting more capital- and skill-intensive activities, and fostering domestic entrepreneurship.

More recent plans also maintain these objectives in light of new developments. For example, the National OGSE Industry Blueprint 2021-2030 seeks to create a ‘robust, resilient, and globally-competitive’ Malaysian oil and gas, services and equipment (OGSE) sector that can improve national GDP growth, sector employment, export development, and fiscal contribution. Its successful implementation is anticipated to significantly ramp up the sector’s contribution to national GDP by the end of the decade. In order to do so, the masterplan emphasises the need to consolidate the industry, simplify licensing schemes, and set up multiple research and development (R&D) centres throughout Malaysia.[14]

In the same vein, Petronas’ 2022–2024 Industry Activity Outlook report underscores the urgency of the oil and gas sector to expedite the energy transition process in the face of growing global resistance to traditional oil and gas businesses. The document anticipates a very gradual and fragile recovery from the COVID-induced economic slowdown and, therefore, draws attention to cost-effective innovations being readied to be employed throughout the sector. Its key targets include: promoting renewable energy opportunities among OGSE players; supporting Petronas Ventures, the firm’s venture capital arm, in driving technological change; and using efficiency as a tool to maximise assets and improve operations to maintain a competitive edge over regional players.[15] 

THE OIL AND GAS SECTOR IN MALAYSIA TODAY

Today, Malaysia is the second-largest oil producer in Southeast Asia and the world’s third largest exporter of liquefied natural gas (LNG). At the end of 2020, the country held proved oil reserves of 2.7 billion barrels and natural gas deposits totalling 32.1 trillion cubic feet.[16] Figure 1 depicts a snapshot of the country’s oil and gas reserves, located mainly offshore in the South China Sea, near the coasts of the states of Kelantan, Terengganu, Sarawak, and Sabah.

Since its inception, Petronas has held exclusive ownership rights over all oil and natural gas exploration and production activities in the country. Among the prominent international oil production companies currently operating in Malaysia are Shell, ExxonMobil, and ConocoPhillips. According to data compiled by the US Energy Information Administration (EIA), in 2020, the country’s total liquid fuel production was close to 655,000 barrels per day (b/d), of which about 556,000 b/d was estimated to be crude oil and 49,000 b/d was natural gas plant liquids (NGPL).[17]

Contribution to Exports

Since the 1970s, and especially after the formation of Petronas, Malaysia’s fuel exports – as a percentage of total merchandise exports – have remained fairly steady. This has formed a key part of Malaysia’s export basket and has constituted a reliable source of foreign exchange. However, fuel exports have dipped during times of oil price slumps due to unfavourable external conditions (Figure 2). For instance, sharp drops were observed during the mid-1980s oil glut, the 1997-98 Asian Financial Crisis (AFC), the 2014-16 oil price crash, and the 2020 COVID-19 pandemic. 

Fiscal Contribution

In addition to the oil and gas sector being an important growth driver of the national economy, it is a vital source of revenue for the government. This fiscal contribution comes in a variety of forms, which are:

  1. Petroleum Income Tax (PIT) paid by petroleum-related firms;
  2. Royalties from petroleum and gas companies;
  3. Export duties on petroleum products; and
  4. Dividends remitted by Petronas.[18] [19]

Tables 1a and 1b present the changing composition of oil and gas revenue over the past 50 years. The first three revenue sources are long-standing. However, since the mid-1980s, Petronas has paid dividends to the Malaysian government. From around 15 per cent in 1985, this has increased to approximately half of the total of petroleum-related revenue in recent years. Consequently, the relative importance of established contributions such as the Petroleum Income Tax and Petroleum and Gas Royalty have decreased in relative importance, and the more variable – and more discretionary – Petronas Dividend has become the largest source of oil-related revenue over time.

Domestic Entrepreneurship

The rapid rise of Petronas over the past half-century has solidified the firm’s position as a key pillar of the Malaysian economy, expanding its reach beyond Malaysia and allowing it to emerge as the nation’s sole Fortune Global 500 company. For the first three quarters of 2021, the 48,679-employee-strong corporation’s total assets were valued at RM618.9 billion, total revenue stood at RM171.4 billion, profit after tax reached RM35.2 billion, and capital investments amounted to RM20.4 billion.[20]

Supportive policy frameworks implemented over the decades have led to the advent and growth of a large number of firms within the sector. Thus, in both upstream and downstream activities, Malaysia’s home-grown companies have, to a large extent, been shielded from foreign competitors. For instance, to participate in exploration and production activities, foreign companies must receive a licence from Petronas. Likewise, there are substantial local or Bumiputera equity conditions for companies interested in supplying O&G-related goods and services. Keen foreign firms can do so only through an agency agreement with domestic companies licensed by Petronas, or by forming a joint venture with a local company/individual.[21] When it comes to participating in refining and manufacturing activities, a foreign company is required to set up a local subsidiary and comply with the conditions set by the Ministry of International Trade and Industry (Exclusive Economic Zone Act 1984).[22]

At present, Malaysia is home to approximately 4,000 O&G businesses, including domestic and international oil companies, independents, and services and manufacturing firms. This has facilitated the formation of an extensive network of Machinery and Equipment (M&E) manufacturers that supports key strategic segments such as marine, drilling, engineering, fabrication, offshore installation, and operations and maintenance (O&M). Collectively, they provide employment to an estimated 59,000 individuals across upstream, midstream and downstream activities in the O&G value chain (Table 2).[23]

CHALLENGES

While the O&G sector, together with its substantial derivatives, has undeniably benefited Malaysia, going forward, there are considerable challenges facing it.

The first concerns the overall contribution of the sector to the country’s economy. The proportion of Malaysia’s fuel exports has remained quite stable for a long time and, in fact, the absolute value of crude oil exported has been going up in recent years. However, the inescapable reality is that the O&G sector’s importance relative to the size of the Malaysian economy has taken a hit as the latter has grown consistently and rapidly. Indeed, in the late 1970s, rents derived from the sector contributed to more than 10 per cent of GDP, but recent numbers are noticeably smaller, hovering around 2 per cent since 2015 (Figure 3).

The second, more complex challenge relates to the sector’s inconsistent fiscal contribution. Oil prices are influenced by a host of supply, demand and public policy factors – ranging from conventional output decisions made by OPEC or private oil-producing nations to central bank interest rates, or disruptions brought about by natural calamities or political unrest. The global experience over the past two years has shown that unforeseen economic and health crises can contribute to the variability, too. The problem is further compounded by the cyclicality inherent in oil price movements.

The volatility of oil prices significantly affects the government’s fiscal revenue, with price rises adding to the public purse and price crashes depleting it. This fluctuation can be clearly seen in the varying proportion of the revenue derived from the oil and gas sector in Malaysia’s total government revenue (Table 3).

Finally, it must be recognised that Malaysia’s hydrocarbon resources are not unlimited. The production capacity of the O&G sector in the nation has been on a downward trajectory for some time now, thanks to maturing large fields. In 2016, total fuel production was 757,000 b/d, while in 2020, this statistic had gone down to 655,000 b/d.[24] In fact, several studies have tried to determine the precise number of years of oil reserves left in Malaysia. A 2016 estimate claimed that, without net exports, the country would have just enough reserves to last until 2030.[25] This claim was reinforced in 2019, when the Economic Affairs Ministry announced in parliament that local oil and gas fields were expected to be depleted by 2029.[26] A slightly more optimistic image emerged in 2021, as Petronas records indicated that the national oil reserves would last for 28 years – and 38 if contingent resources are accounted for.[27]

IMPLICATIONS FOR PETRONAS

The abovementioned challenges, along with the ongoing COVID-19 crisis, do not bode well for the state-owned entity’s growth prospects.

Petronas’ Continued Financial Viability

A major impediment to the sustained growth of the O&G sector arises from Petronas’ inability to continually contribute large sums of money to the government while simultaneously generating profits, exploring new oil fields, and investing in innovation. A large chunk of the corporation’s revenue is directed towards public revenue – both during oil price surges and drops.

In fact, Petronas has periodically had to make contributions to the state coffers for a range of reasons, including bailing out government linked corporations (GLCs) in the 1980s, nationalising ailing firms following the Asian Financial Crisis, and shoring up the former state-owned automotive producer Proton.[28]

More recently, for each of the past three years, Petronas has provided additional dividend payments to the government, first to counterbalance the phasing out of the goods and services tax (GST) in 2019, and then in light of the COVID pandemic in 2020 and 2021.[29] For example, the 2020 additional payment amounted to RM10 billion, on top of the committed RM24 billion – and in a year when the firm itself faced huge losses.[30]

There have been constant calls to cap the amount of Petronas’ dividend at a set percentage of the company’s profit, but this has yet to be implemented. This perennial pressure for cash transfers has, on occasion, led to disagreements between Petronas leaders and Malaysia’s elected leadership. However, given the direct relationship between the Prime Minister and the corporation’s CEO, dissenting directors do not retain their position for long.[31]

Complicating the firm’s financial viability is the fact that it also needs to keep on investing in technology and securing additional deposits overseas. To this end, in recent years the corporation has invested in research and operations in such locations as Argentina, Brazil, Mexico, Vietnam, and Japan.[32] Moreover, once crude oil production in Malaysia peaks and demand reaches a ceiling, which is expected to take place in 2025, Petronas will be forced to embrace cleaner energy alternatives and make a greater commitment to decarbonisation and sustainability.[33] The shift away from fossil fuels will undoubtedly be accompanied by asset divestments and acquisition of new businesses, both of which could limit the company’s earnings – at least in the short run.[34] 

Protection from International Competition

The government’s push to prioritise local entrepreneurs does not come without its share of costs. The reduced level of competition for domestic players has, many a time, manifested itself in the form of complacent policies and inefficient performance.

A series of recent highly publicised incidents have highlighted the growing incidence of uncompetitive behaviour among local OGSE firms. For example, in December 2021, Serba Dinamik Holdings’ CEO was charged with submitting what the regulator said was a false statement to the stock exchange.[35] In March 2021, Petronas, after receiving adverse reports on alleged unethical and integrity issues, suspended its 60 per cent-owned subsidiary, Deleum Primera Sdn Bhd, from participating in the national oil company’s tenders and contracts until further notice.[36] In July 2019, the operating licence for Barakah Offshore Petroleum Bhd’s wholly owned unit, PBJV Group Sdn Bhd was suspended by Petronas due to reported non-performance.[37]

It is not just the smaller firms that have faltered. Petronas, too, recently found itself in hot water when several local vendors accused the GLC of delaying their payments[38]. Late last year, after the military coup in Sudan, that nation’s transitional government issued arrest warrants against Petronas’ country manager and other officers. Sudan’s military leader General Abdel Fattah al-Burhan alleged that the company had acquired its local assets through illegal means during the rule of ousted leader Omar al-Bashir.[39]

In this regard, one cannot ignore the fact that, despite being Malaysia’s only Fortune 500 company since 1997, the company has of late had a hard time retaining its rank in the double digits. Figure 4 shows that the state-owned enterprise’s position has been slipping for a few years now – nosediving from the 68th spot in 2015 to the 277th position in 2021.[40] This trend suggests that Petronas’ survival in the increasingly competitive global economy hinges on retaining a larger portion of its revenue for reinvestments. 

CONCLUSION

The oil and gas sector is vital for Malaysia’s economy. Beyond the overall contribution to GDP, the sector has been harnessed very effectively for the country’s long-term economic development, most notably through its contribution to state coffers but also through promoting domestic entrepreneurship in the upstream, midstream, and downstream activities.

However, as the Malaysian economy expands, its growth rate outpaces the feasible growth of the sector, which becomes smaller in proportional terms. This, along with potentially dwindling oil reserves, volatility of oil prices, and a general decline of the fossil fuel industry, means that it cannot be the bedrock of public finances that it was in the past. 

Soon, the possibilities of turning to Petronas for exceptional transfers of a meaningful dimension will be limited. This, in addition to the need for the GLC to ensure its own commercial viability, suggests that the Malaysian state will need to look at new sources of fiscal revenue and also consider increasing the competition for local players in the O&G sector. Like all non-renewables, stocks of this precious resource are finite.


ENDNOTES

[1] World Integrated Trade Solution (WITS) data, World Bank (various years)

<https://wits.worldbank.org/CountryProfile/en/Country/MYS/Year/2019/TradeFlow/Export/Partner/all/Product/27-27_Fuels> (accessed 14 February 2022)

[2] Asia Sentinel (7 May 2020) <https://www.asiasentinel.com/p/petronas-malaysias-ailing-financial> (accessed 24 January 2022)

[3] Petronas Annual Reports (various years) <https://www.petronas.com/media/reports> (accessed 15 January 2022)

[4] In line with thinking at that time, three subsequent acts – the Petroleum Mining Act (1966), the Petroleum Income Tax Act (1967), and the Petroleum Mining Rules (1968) – established a concession model, where international companies came to dominate domestic upstream production, downstream refining, and sales – all in exchange for royalties and tax payments to state governments.

[5] Gale, Bruce, “Petronas: Malaysia’s National Oil Corporation” Asian Survey, Vol. 21, No. 11 (1981): 1129-1144; and Yacob, Shakila, “PETRONAS, Oil Money, and Malaysia’s National Sovereignty” Journal of the Malaysian Branch of the Royal Asiatic Society 94, No. 1 (2021): 119-144.

[6] It is, however, important to note that the appetite for increased assertion over the national economy and its resources was not exclusive to Malaysia. A number of oil-rich countries including Iran, Venezuela, Bolivia, and Indonesia were also curtailing the activities of foreign enterprises while enhancing domestic capabilities (Yacob 2021; Endnote 5).

[7] For a comprehensive historical account of the development of Malaysia’s O&G sector, refer to Ramli, Nordin, “The History of Offshore Hydrocarbon Exploration in Malaysia” Energy (Oxford) 10, No. 3 (1985): 457-473. Gale (1981; Endnote 5) also contains detailed information on the negotiations between Petronas and international oil producers.

[8] The 1957 Constitution established that the management of natural resources was the preserve of state governments, as opposed to the federal government. The PDA centralized a great deal of control over oil. This did not go uncontested by states reluctant to lose control over revenue from this source. The PDA does provide for some element of revenue sharing between the central and state governments, however this issue is not yet completely resolved. Please consult a) Yeoh, Tricia, “Responsible Resource Management of the Oil and Gas Sector in Malaysia: Issues, Challenges, and Opportunities” in Misplaced Democracy: Malaysian Politics And People, Petaling Jaya: SIRD (2014): 261-287; and b) Yeoh, Tricia, Federal-State Relations under the Pakatan Harapan Government, Trends in Southeast Asia, Singapore: ISEAS (2021).

[9] Yacob (2021; Endnote 5) and Yeoh (2014; Endnote 8). There has been considerable debate as to whether Petronas should report to parliament or the Prime Minister. Former Prime Minister Mahathir Mohamad has supported the direct reporting structure to the Prime Minister on the grounds that it makes decision making easier and avoids interference by political parties. Other proposals include making Petronas a publicly-listed corporation with its accounts discussed in parliament. In additional, see Yahoo News (10 November 2021) <https://malaysia.news.yahoo.com/dap-nga-calls-petronas-public-085417833.html> (accessed 11 February 2022)

[10] For details on the negotiations between the Malaysian government and the O&G players, please consult Jesudason, James. V, Ethnicity and the Economy: The States, Chinese Business, and Multinationals in Malaysia, Singapore: Oxford University Press (1989). Gill, Ranjit, Razaleigh: Cita-Cita Dan Perjuangan, Petaling Jaya: Pelanduk Publications (1987) also offers unique, behind-the-scenes insights on Tengku Razaleigh Hamzah’s experience as Petronas’ founding chairman.

[11] Hashim, Ismail, The Young Turks of Petronas, Kuala Lumpur: The Edge Communications (2004), ISBN 9834205600.

[12] Mehden, Fred R. Von Der, and Troner, Al, “Petronas: A National Oil Company with an International Vision” The James A Baker III Institute for Public Policy’s Policy Report (2007)

<https://www.bakerinstitute.org/media/files/page/9dd51576/noc_petronas_tronervdm.pdf> (accessed 5 January 2022)

[13]  Lebdioui, Amir, “Local content in extractive industries: Evidence and lessons from Chile’s copper sector and Malaysia’s petroleum sector” The Extractive Industries and Society Vol 07, No.02 (2020): 341-352.

[14] National OGSE Industry Blueprint 2021-2030 (Abridged Report), Economic Planning Unit (2021)

<https://www.mprc.gov.my/sites/default/files/resources/National%20OGSE%20Industry%20Blueprint.pdf> (accessed 31 December 2021)

[15] Petronas Activity Outlook 2022-2024, Petronas (2021)

<https://www.petronas.com/sites/default/files/PAO/PETRONAS-Activity-Outlook-2022-2024.pdf> (accessed 4 February 2022)

[16] Statistical Review of World Energy, 70th Edition, British Petroleum (2021)

<https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/energy-economics/statistical-review/bp-stats-review-2021-full-report.pdf> (accessed 14 February 2022)

[17] The US Energy Information Administration data (various years) <https://www.eia.gov/> (accessed 4 February 2022)

[18] Jomo, K. S, Hui, Wee Chong, “The political economy of Malaysian Federalism: Economic Development, Public Policy and Conflict Containment” WIDER Discussion Papers, World Institute for Development Economics (UNU-WIDER), No. 2002/113 (2002), ISBN 9291903531.

[19] There is a fifth source of revenue, namely: income from petroleum operations of the Malaysia-Thailand Joint Authority (MTJA), a body managing petroleum production activities in the Malaysia-Thailand Joint Development Area (MTJDA) capacity. However, information on the income from MTJA operations is not available publicly and is therefore not included in the computation of total O&G revenue.

[20] Petronas media release (30 November 2021) <https://www.petronas.com/media/press-release/petronas-records-strong-third-quarter-2021-results> (accessed 5 January 2022)

[21] Lebdioui (2020; Endnote 13). For example, foreign operators need to provide detailed plans how they plan to boost linkages with local firms and build local skills in order to receive licenses to operate.

[22] Exclusive Economic Zone Act 1984, Malaysia (1984)

<https://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/MYS_1984_Act.pdf)> (accessed 5 February 2022)

[23] Petronas Activity Outlook 2019-2021, Petronas (2018)

<https://www.petronas.com/sites/default/files/Media/PETRONAS%20Activity%20Outlook%202019-2021.pdf> (accessed 15 January 2022)

[24] British Petroleum (2021; Endnote 16)

[25] Worldometer (Malaysia Oil) <https://www.worldometers.info/oil/malaysia-oil/> (accessed 25 January 2022)

[26] Malaysiakini (13 March 2019) <https://www.malaysiakini.com/news/467781> (accessed 24 January 2022)

[27] Petronas Annual Report 2019

<https://www.petronas.com/sites/default/files/Media/PETRONAS-Annual%20Report-2019-v2.pdf> (accessed 24 January 2022)

[28] Yeoh (2014; Endnote 8); Asia Sentinel (7 May 2020; Endnote 2)

[29] Argus Media (1 September 2021) <https://www.argusmedia.com/en/news/2249665-petronas-to-pay-higher-dividend-to-malaysian-government> (accessed 11 February 2022). A related debate is the degree to which the expenditure of funds obtained by the government from Petronas is made public. There are increasing worries that it is used to fund current – rather than development – expenditure.

[30] Reuters (4 November 2020)

<reuters.com/article/uk-health-coronavirus-malaysia-petronas-idUKKBN27K0DZ> (accessed 11 February 2022)

[31] The Chicago Tribune (1 July 2012) <https://www.chicagotribune.com/nation-world/ct-xpm-2012-07-01-sns-rt-us-malaysia-petronasbre861054-20120701-story.html> (accessed 24 January 2022)

[32] Forbes (6 October 2021) <https://www.forbes.com/sites/petronas/2021/10/06/committing-to-sustainability-how-petronas-is-stepping-up-its-energy-initiatives/?sh=20d9a2a522b7> (accessed 5 February 2022)

[33] Reuters (28 December 2020) <https://www.reuters.com/markets/commodities/malaysias-petronas-sees-oil-demand-fragile-uncertain-2021-12-28/> (accessed 10 February 2022)

[34] Besides, there remain several challenges in implementing a robust renewable energy supply chain in Malaysia. See, for example, Abdullah, Wan Syakirah Wan, Miszaina Osman, Ab Kadir, Mohd Zainal Abidin, and Renuga Verayiah, “The Potential and Status of Renewable Energy Development in Malaysia” Energies (Basel) 12, No. 12 (2019): 2437.

[35] The Edge Markets (29 December 2021) <https://www.theedgemarkets.com/article/serba-dinamik-ceo-charged-sessions-court> (accessed 20 January 2022)

[36] The Edge Markets (26 March 2021) <https://www.theedgemarkets.com/article/no-more-petronas-tenders-and-contracts-deleum-unit-until-further-notice> (accessed 20 January 2022).

[37] The Malaysian Reserve (10 July 2019) <https://themalaysianreserve.com/2019/07/10/petronas-licence-for-barakahs-unit-suspended-on-non-performance/> (accessed 10 February 2022)

[38] The Edge Markets (18 March 2019)

<https://www.theedgemarkets.com/article/what-og-recovery-subcontractors-still-not-paid-time> (accessed 20 January 2022)

[39]The Edge Markets (1 November 2021) <https://www.theedgemarkets.com/article/petronas-says-legal-process-reclaim-rights-over-assets-sudan-ongoing> (accessed 25 January 2022)

[40] Petronas Profile, Fortune 500 (2022) <https://fortune.com/company/petronas/global500/> (accessed 29 January 2022)

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2022/20 “Agriculture in a State of Woe Following Myanmar’s 2021 Military Coup” by Aung Tun

 

Farmers riding tractors in convoy to take part in a demonstration against the military coup in Thongwa, on the outskirts of Yangon, on 12 February 2021. Picture: STR / AFP.

EXECUTIVE SUMMARY

  • Myanmar’s agriculture sector has faced serious impacts from the February 2021 coup. Input costs have skyrocketed; border trade has been disrupted by fighting and COVID-19; and shipping is no longer reliable, whether for the import of inputs or the export of the country’s commodities.
  • The main government subsidy to the sector, in the form of farm credit, has largely been suspended amidst a cash shortage resulting from the banking crisis. Most farmers have not been able to pay back their previous seasonal loans, while the subsidy’s financial model offers no incentive for farmer compliance. 
  • A critical reform launched under the National League for Democracy government, the National Land Law process, has also been stopped. This has further hurt agricultural productivity and weakened Myanmar’s regional competitiveness. Its suspension could also lead to further land confiscations through force and rampant corruption.
  • The ongoing fighting across many parts of Myanmar has had an impact on agriculture; the combat areas themselves are important to the sector. Farmers are unable to do their farming, while internally displaced people in Rakhine State are not able to go back home to work on their farms out of fear of land mines.
  • Only crops such as beans, pulses and sesame have fared better, since they do not depend on inputs as heavy as those for paddy; they also still enjoy access to markets, especially the Indian market. This access is due to Indian government policy, now a crucial determinant of the health of Myanmar’s farm sector.
  • The SAC’s policy on agriculture, focusing on tissue-banana and palm oil, and targeting rice production of 100 baskets per acre, is both unrealistic and controversial.

* Aung Tun is Visiting Fellow, Myanmar Studies Programme, ISEAS – Yusof Ishak Institute. He has over thirteen years of professional experience in working in various policy, governance, community and economic development projects on Myanmar.

ISEAS Perspective 2022/20, 2 March 2022

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INTRODUCTION

Agriculture is Myanmar’s economic backbone. It contributes 32 per cent of GDP, employs 56 per cent of Myanmar’s workforce, and accounts for 21 per cent of the country’s exports.[1] It is thus clear that Myanmar’s economic growth and the improvement of social welfare in the country are impossible without robust advances in agriculture. All successive governments have pronounced that agriculture is key to the success of Myanmar. However, the reality is different. Myanmar’s agriculture sector has fallen far behind regional or global competitors such as Thailand and Vietnam, even if it is still able to support domestic food sufficiency.

Myanmar has been in chaos in many ways since the coup on 1 Feb 2021. There have been adverse effects on many sectors – garment production, industry, the retail and wholesale trades, exporting and importing, construction, banking, and others. The impact has been unprecedented at all levels.

Some would argue that agriculture is unaffected by the coup, and that it will carry on as normal – just as it did under the military regimes of 1988-2010. In fact, agriculture is sensitive to outside events in many ways. Delays in the supply of subsidized farm credit and inputs, for instance, certainly have a serious impact on production. There is no doubt that the compounded crises of COVID-19 and the military takeover have affected the sector deeply.[2]

Agriculture is vital to the nation’s survival, and this has sadly been ignored by the parties responsible for the current political crisis. The price for this is huge, edging the nation toward greater risks.

THE MOST IMMEDIATE IMPACT ON AGRICULTURE

Following the coup, Myanmar’s currency, the Kyat, has depreciated to an unprecedented level, by 50-60 per cent on average.[3] The cost of major inputs for agriculture has meanwhile gone up tremendously, for example, a 150 per cent increase for fertilizer and a 98-100 per cent increase for fuel, on average.[4] A general explanation for such high increases is that the country is not able to manage its exchange rate. Another explanation concerns logistics and transport in a very fragile political situation. The Civil Disobedience Movement (CDM) in opposition to the coup was also a driver of this fragility in that many government workers joined the movement.[5] A third explanation is that traders are no longer interested in imports since the exchange rate crisis has made these very risky. The effect is clear: current stocks of, for instance, fertilizers and pesticides are restricted to domestic supply, with very few if any imports. A fourth explanation is that traders, in realizing that farmers are unable to earn good returns on inputs, have concluded that suspending import flows makes sense. Low productivity has been the immediate impact. As long as the SAC is not able to manage the exchange-rate crisis, agricultural productivity will be affected.[6]

Trade has been disrupted in many other ways, also with effects on agricultural markets. For instance, China is a main buyer of Myanmar’s rice and broken rice, and also a main source of inputs. Rice exports to China through border trade dropped significantly in July when China closed checkpoints in Kachin and Shan States due to COVID-19.[7] According to the SAC, the volume of rice and broken rice exported during a period of eight months (1 October – 28 May) of fiscal year 2020-2021 was estimated at 1.14 million metric tons, generating $546.6 million in revenue.[8] The export volume in the past eight months showed a decrease of over 500,000 tones against the export volume in the same period of the previous fiscal year.[9] 

Source: author’s discussions with importers

Farm subsidies in the form government-sponsored farm credit have been suspended, for three main reasons. The first concerns cash shortage faced by the state-owned Myanmar Agriculture Development Bank (MADB). The banking crisis is a major driver behind this shortage. Another reason is the credit system itself. Those who can pay back their loans can borrow again. But in this system, there is no financial incentive to comply. For instance, should a farmer repay a loan of 1,500,000 kyat plus 8.5 per cent annual interest for his 10 acres of paddy fields at the season’s end, his new loan is for the same amount as the old one. If a farmer really wants to pay back his loan and then to take out a new one under this system, he needs to borrow from an informal lender at a higher interest rate than the MADB’s. In addition, when other crop loans under the NLD government’s COVID-19 relief have been repaid,[10] there is no possibility of borrowing again because of a lack of such a relief programme under the SAC. Amidst a boycott call by the NUG and its affiliates, many farmers have not been interested in repaying their loans in any case.[11] The last reason is that famers no longer have any capacity to pay back what they have borrowed. They may do so only to retrieve a collateral document known as Form-7[12] at the MADB, without which a farmer cannot sell her or his land or transfer title.

The breakdown in farm credit holds huge implications for agriculture in Myanmar. The entire programme of subsidized credit could be collapsing. Of greatest concern is that there is no longer any major policy action on the agriculture sector on the part of the government or the state. Farmers in Myanmar have to be more self-sufficient than ever. This implies that agricultural productivity becomes uncertain, making food security and food sufficiency a matter beyond control. Therefore, the next step for the SAC is to force farmers to pay back their loans so that the MADB can operate again. Compliance will vary across locations. For instance, farmers in less active conflict areas like the Irrawaddy Delta and Bago Region would be likely to comply while those in zones of active conflict like Sagaing and Magwe Regions and across all ethnic areas are least likely to do so. Success in revitalizing much-needed subsidized credit also depends on political circumstances.

LAND REFORM SUSPENDED

Myanmar does not have any specific overarching law that governs land tenure or addresses land confiscations. In fact, at least 72 of its laws concern land tenure.[13] In general, land ownership in Myanmar has been invested in the state since 1953. Farmers have the right to use land but without right of ownership.[14] In March 2012, two new land laws were passed by parliament, namely the Farmland Law and the Vacant, Fallow, and Virgin Land Management Law (VFVLM law). According to farmland law, the state continues to be the allodial title holder, but certified farmland can be mortgaged, sold and transferred. In practice, farmers had transferred their lands already, so this law has had no significant impact on agriculture. The VFVLM law is also controversial. It is aimed at allocating temporary land use rights over land classified as “Vacant, Fallow, or Virgin.” In practice, this is in conflict with the existing customary land rights that most rural communities recognize.[15] The implementation of VFVLM therefore sparked protests across many parts of Myanmar under the NLD government.[16]

The complex legal structure has led to corruption in many instances. To clean up the legal mess, in 2016 the NLD government endorsed the National Land Use Policy (NLUP)[17] after wide-ranging consultation with stakeholders including civil society groups. This is a living document, and it was also tied to the ongoing peace process known as the Nationwide Ceasefire Agreement (NCA). The reason is clear: ethnic minorities have been displaced over a long period and they sought to get their lands back.[18] The coup caused suspension of the entire process. Many land activists have now become highly involved in the people’s resistance movement, and their continued engagement under the SAC is thus impossible. There are also legitimate concerns that farmers will have their lands confiscated by the de facto authorities.[19]

WHAT IS MOST NEEDED?

The SAC has introduced several policies and actions on agriculture. First of all, it returned the country’s fiscal year from 1 September–30 October to 1 April–31 March. This was done to better accommodate agriculture business in Myanmar and be better aligned to seasonal cropping and be “more convenient… for business, government, and farmers.”[20] The NLD had changed the country’s fiscal year in 2018 in order to optimize national budgetary management.[21] Whether the reversion to the old fiscal year can help farmers remains to be seen.

The SAC is also focusing on tissue-culture banana plantations.[22] This policy is believed to refer to the benefits earned by farmers in Kachin State. Research indicates that the monetary return as net profit per acre is over 2,300,000 kyat (US$1,280).[23] However, in practice, Chinese businesses have made such profits, but local farmers have received only land rental fees of 600,000 kyat per acre on average.[24] Chinese investors in these plantations have built business networks involving the state government, military and militias in their drive to access land. It is estimated that 170,000 hectares across Kachin State were devoted to banana plantations in 2019.[25] It is estimated that 486,000 hectares are needed to meet demand in China.[26] The SAC would hope to meet and exceed this target. There have been serious issues around the plantations, however, mainly over social and environmental problems[27] and land rights in highly contested areas. Internally displaced persons are, for instance, worried about land confiscations for banana plantations.[28]

Another agricultural focus of the SAC is oil palm. The SAC assumes that the expansion of oil palm plantations will allow Myanmar to limit imports of edible oil. It considers Tahnintharyi Region as the potential oil pot for the country.[29] This policy reincarnates palm oil projects promoted by military regimes in the 1990s, which gave land concessions to companies for planting oil palm. However, these companies were more interested in logging than planting oil palm, and their exploitation of intact forest caused serious environmental damage.[30] Oil palm plantations themselves are controversial.[31]

In the paddy sector, the SAC targets average yields of 100 baskets[32] per acre in general.[33] Without any subsidies from the government, and with mounting input expenses, this target is not realistic. Addressing land confiscation is a much-needed policy from the SAC. Data indicate that in almost half of the cases, confiscation directly involved either the military alone or the military in combination with other actors.[34]

ONGOING CONFLICTS HURTING AGRICULTURE

Myanmar’s conflict pattern has significantly changed following the coup. In addition to the areas of longstanding conflict in which ethnic armed organizations (EAOs) are active, heartland areas such as Sagaing and Magwe Regions in which majority Bamar populations reside have seen escalating fighting. It is important to note that Sagaing Region is the third largest rice-producing area of the country, whereas Magwe is the fifth largest.[35] These regions are important producers of other agricultural commodities, too. The latter region is also, for example, the top grower of sesame in the country.[36] Farming activities in many ethnic areas have been disrupted as well.[37] In Rakhine State, even though conflict has calmed, those internally displaced persons who are farmers are unable to return home to cultivate their land because of concern over land mines.

In some instances, the junta’s troops have burned agriculturalists’ houses, goods and properties, including rice or paddy, sesame, and seeds essential for the next cropping season.[38] Farmers have also in some cases sold their farms in exchange for guns to use for self-defense.[39] This troubling disruption in farming activities has certainly had an impact on agricultural production, and it is fortunate that Irrawaddy and Bago Regions are still less vulnerable to conflict. However, farmers in the Irrawaddy Delta are concerned that if conflict resumes in Rakhine State, the delta will be affected—not least in relation to logistics across the border with Rakhine State.[40] Thus, farming remains vulnerable to conflict in serious ways.

Against many obstacles during this period of political turmoil, Myanmar farmers have struggled with the post-coup environment: heightened conflicts, a lack of credit subsidies, growing input expenses, reduced productivity, and unreliable markets. A key bright spot for the sector comes from crops other than paddy, especially beans and pulses as well as sesame, which have long been fundamental to the country’s farm sector. Myanmar is the second largest global exporter of beans and pulses, after Canada.[41] In fiscal year 2011, the area planted to pulses was estimated at 4.4 million hectares, or about 55 per cent of the area planted to paddy.[42] Beans and pulses can be planted after the monsoon crop of paddy and have lower production costs due to lower input requirements. They also have better returns. Farmers mention that they invest in fertilizers in the monsoon paddy season in order to have greater bean and pulse yields. To them, a general guideline is to expect to break even with paddy and to enjoy profits from bean, pulse and sesame cultivation.[43]

In fiscal year 2019-2020, Myanmar produced more than 1.3 million metric tons of black matpe, 1.5 of mung bean, and more than 500,000 of toor or pigeon peas.[44] The production of beans and pulses is often correlated with the Indian government’s import policy. Policy changes in India directly affect bean and pulse prices in Myanmar; farmers adjust their cropping decisions accordingly. Recently, the Indian government signed a memorandum of understanding with Myanmar to import 250,000 tons of mung bean (urad) and 100,000 tons of pigeon peas (toor) yearly from 2021-22 to 2025-26.[45] It is hoped that India’s policy on Myanmar beans and pulses will continue supporting Myanmar farmers.[46] If that happens, farmers will focus on beans and pulses in the years to come and enjoy increased production.

MORE POLICY ATTENTION AND MORE SKILLED LABOUR NEEDED

Successive Myanmar governments, including the NLD-led civilian administration of 2015-2020, have kept mentioning that agriculture is key to the country’s success. The reality, however, is that the agriculture sector has been overlooked for quite some time. For instance, even though Cyclone Nargis in May 2008 hit across the Irrawaddy Delta, the country’s largest rice bowl area, concrete government support to address the resulting devastation and the impact on farming has not been evident. Farmers still face the issue of rising saltwater, a serious problem for rice cultivation.[47] The agricultural sector is very vulnerable to Myanmar’s climate crisis; it needs to prepare for high potential risks. This will require significant investment in agricultural productivity by innovation.[48] Expenditure on agricultural research is minimal: in fact, agricultural research is one of the highest payoff investments that the public sector can make.[49]  Myanmar has overlooked that fact.

The other issue is labour. Labour in the farm sector needs to be equipped with better skills. Innovation is needed to overcome climate change challenges and to compete in the global market. Myanmar’s new generations are key to this end. However, the young are not interested in the at best negligible returns to agriculture, and many instead become immigrant workers, for example, in Thailand and China. A usual complaint heard when visiting Myanmar’s rural communities is that only the elderly and children live there. Therefore, attracting a skilled workforce back to the country is a major task for any government in Myanmar. Without skilled labor, agricultural productivity is at risk. The coup’s impact has obviously been to spur more emigration, especially of the young. The impact on agriculture, now and in the future, is a serious one.

CONCLUSION

Myanmar’s agriculture has suffered from COVID-19 due to disruptions in the border trade with China. The coup has also had a significant impact on this sector that is critical to the nation’s survival and growth in general. The crisis has escalated input costs and has thus reduced agricultural productivity. Farmers in conflict-affected areas are not able to work, and food security is at great risk. The food security issue is not strictly related to insufficient food production. Rather, logistics, including the transport of food to those who are in need, can also induce food security. The current civil conflict is giving rise to such situations.

Myanmar’s agriculture is already far behind its regional and global competitors, but the coup has made the situation even more hopeless. While innovation is seriously needed, many in the workforce have turned to migration. The crops that offer some salvation for the sector, like beans and pulses, are now critical to farmers’ survival. But this condition really depends on the Indian government whose, policies have an impact on Myanmar’s agriculture. In suspending government-sponsored farm credit, Myanmar’s own administration now has little policy impact on agriculture.

As Myanmar’s agriculture potential becomes bleaker, so does the country’s socioeconomic wellbeing.


ENDNOTES

[1] ADB, “Myanmar’s agriculture sector: unlocking the potential for inclusive growth”, December 2015.

[2] The coup has made prospects for Myanmar agriculture bleak, with growing input expenses, reduced production, logistical difficulties, and trading disruptions.

[3] For details on Myanmar Kyat exchange rates, see https://tradingeconomics.com/myanmar/currency.

[4] For gasoline price trends in Myanmar, see https://www.globalpetrolprices.com/Burma-Myanmar/gasoline_prices/.

[5] S&P Global Platts, “Myanmar Protest Reduce Imports As Shipping Lines Suspend Operations”, 16 March 2021, https://www.spglobal.com/platts/en/market-insights/latest-news/agriculture/031621-feature-myanmar-protests-reduce-imports-as-shipping-lines-suspend-operations.

[6] This is a big question mark, as energy giants Total and Chevron have confirmed plans to withdraw from Myanmar.

[7] USDA, “Rice Trade – Monthly”, 22 November 2021, https://apps.fas.usda.gov/newgainapi/api/Report/DownloadReportByFileName?fileName=Rice%20Trade%20-%20Monthly_Rangoon_Burma%20-%20Union%20of_11-01-2021.pdf.

[8] Global New Light of Myanmar, “Myanmar rice market sees flat price in border despite sluggish trade” 14 July 2022, https://www.gnlm.com.mm/myanmar-rice-market-sees-flat-price-in-border-despite-sluggish-trade/.

[9] Global New Light of Myanmar, “Myanmar rice market sees flat price in border despite sluggish trade” 14 July 2022, https://www.gnlm.com.mm/myanmar-rice-market-sees-flat-price-in-border-despite-sluggish-trade/.

[10] Under the NLD government, there was a COVID relief programme for non-paddy crops, offering loans of 50,000 kyat per acre at a low interest rate of 4.0 per cent per six-month season.

[11] Personal communication with farmers n Bago, Magwe and Irrawaddy Regions and in Shan State, 20-23 January 2022. 

[12] Form-7 is commonly known as a land rights certificate; it is used as collateral for loans and to transfer for title to land.

[13] See Scott Leckie and Ezekiel Simperingham, Housing, Land and Property Rights in Burma: The Current Legal Framework, Displacement Solutions and HLP Institute 2019, http://displacementsolutions.org/files/documents/Burma_HLP_book.pdf.

[14] Farmers have the right to use land under leasehold and tenant arrangements, but they have no right to ownership; they are unable to sell or buy the land that they cultivate. In practice, however, farmers make land transfers in various ways, including as collateral for loans.

[15] USAID, “Customary Land Tenure in Burma”, 2017, https://land-links.org/wp-content/uploads/2017/12/USAID_Land_Tenure_LTP_Toolkit_1.6_Customary_Land_Tenure_in_Burma.pdf.

[16] Jacob Goldberg, “Nowhere to go: Myanmar Farmers under siege from land law”, Aljazeera, 4 April 2019, https://www.aljazeera.com/news/2019/4/4/nowhere-to-go-myanmar-farmers-under-siege-from-land-law

[17] For the text of the NLUP in English, see https://www.burmalibrary.org/sites/burmalibrary.org/files/obl/docs21/Government-of-Myanmar-2016-01-National_Land_Use_Policy-en.pdf.

[18] Oxfam, , “Displaced and Dispossessed, conflict-affected communities and their land of origin in Kachin state in Myanmar”, May 2018, https://www-cdn.oxfam.org/s3fs-public/file_attachments/bp-displaced-dispossessed-land-myanmar-210518-en.pdf.

[19] The Irrawaddy, “Farmers Fear Myanmar Junta Will Confiscate Their Land”, 5 November 2021, https://www.irrawaddy.com/news/burma/farmers-fear-myanmar-junta-will-confiscate-their-land.html.

[20]Global New Light of Myanmar, “Financial year should be set in conformity with the country: Senior General”, 8 June 2021, https://www.gnlm.com.mm/financial-year-should-be-set-in-conformity-with-the-country-senior-general/.

[21] The NLD government assumed that changing the fiscal year would enhance revenue collection and be favourable to business operations that typically start after the monsoon seasons.

[22]Myanmar Digital News, “Speech by SAC leader on meeting of 9/2021”, 18 June 2021, http://www.mdn.gov.mm/my/niungngntteaaciimnaupkhuprekeaangciiukktttth-ttpmtteaakaakyreuuciikhup-biulkhupmuukii-23.

[23] Mekong Region Land Governance, “Case Study: Chinese Investment in Tissue Culture Banana in Kachin State”, November 2020, https://www.mrlg.org/wp-content/uploads/2020/11/Myanmar-Banana-Case-Study-30NOV2020_Final.pdf.

[24] Ibid.

[25] Ibid.

[26] Htet Naing Zaw, “Myanmar MPs approve discussion to regulate Chinese Banana Plantations”, The Irrawaddy, 5 December 2019, https://www.irrawaddy.com/news/burma/myanmar-mps-approve-discussion-regulate-chinese-banana-plantations.html

[27] Yang Naing, “Chinese owned banana plantations fueling exploitation in Myanmar, The Irrawaddy, 23 November 2021, https://www.irrawaddy.com/news/burma/chinese-owned-banana-plantations-fueling-exploitation-in-myanmar.html.

[28] Business and Human Rights Center, “Myanmar: Banana plantation owned by Chinese companies raises local concerns over land and environmental problems”, 19 April 2018, https://www.business-humanrights.org/en/latest-news/myanmar-banana-plantation-owned-by-chinese-companies-raises-local-concerns-over-land-and-environmental-problems/. The experience of Laos reveals the overuse of chemicals for optimized outputs, destroying soil, water, and other resources.

[29] Irrawaddy, Magwe and Mandalay Regions are also tagged for similar purposes. See policy in details in Global New Light of Myanmar, “Cut Expenditure, too much consumption of cooking oil for health life”, 21 January 2022, https://www.gnlm.com.mm/cut-expenditure-too-much-consumption-of-cooking-oil-for-healthy-life/#article-title.

[30] Nature, “Oil palm concessions in southern Myanmar consist mostly of unconverted forests”15 August 2019, https://www.nature.com/articles/s41598-019-48443-3.pdf.

[31] Studies point out that these plantations cause soil erosion, soil and water pollution as well as serving as drivers of climate change. See WWF, “Impacts” (on palm oil), 2022, https://www.worldwildlife.org/industries/palm-oil#:~:text=Oil%20palm%20production%20also%20leads,between%20areas%20of%20genetic%20diversity.

[32] By best estimates, 1 basket has 21kg or 46lb for paddy by Myanmar measurement.

[33] Its leader argues that “efforts must be made to further achieving success in the yield of 100 baskets per acre”. See more details about his speech in Global New Light of Myanmar, “Speech by SAC Leader at meeting 1/2022”, 21 January 2022, https://cdn.myanmarseo.com/file/client-cdn/2022/01/21_Jan_22_gnlm.pdf.

[34] Land in Our Hands Network, “Destroying People’s Lives: the impacts of land grabbing on communities in Myanmar”, December 2015, https://www.tni.org/files/article-downloads/lioh_research_report_eng_0.pdf.

[35] This varies by season; for detailed data seeCentral Statistical Organization, Myanmar, “Sown Acreage of Selected Crops by Regions and States”, 20 February 2018, http://mmsis.gov.mm/statHtml/statHtml.do?orgId=195&tblId=DT_YAE_0032&conn_path=I2.

[36] Several areas of sesame (oilseed) cultivation are unable to continue producing because of ongoing conflicts.

[37] All ethnic areas like Kayah, Kayin, Kachin, Mon, and Chin States as well as Tahnintharyi Region have faced conflict dynamics daily since the coup.

[38] According to Data for Myanmar sources, the military has burnt down approximately 1963 civilian homes at 96 locations between 1 February 2021 and 5 January 2022, especially in Sagaing and Magwe Regions; see Datawrapper, “Reported number of houses burnt down by Myanmar’s military”, January 2022, https://www.datawrapper.de/_/5zo49/?fbclid=IwAR0ls9ikGt-j6mv5idsIkzOYrD-4F9CNU7_b3AbrjIgSONlBc3xrB2y7O8c.

[39] Author’s personal communications with several anonymous sources, January 2022.

[40] Author’s personal communications with local farmers and moneylenders, 18-23 January 2022.

[41] ADB, “Myanmar’s agriculture sector: unlocking the potential for inclusive growth” December 2015.

[42] Ibid.

[43] Beans and pulses are mainly sown in the central Dry Zone, followed by the Irrawaddy Delta, hilly and coastal zones, respectively.

[44] USDA, “Beans and Pulses Updates 2020”, 18 June 2020, https://apps.fas.usda.gov/newgainapi/api/Report/DownloadReportByFileName?fileName=Burma%20Beans%20and%20Pulses%20Updates%202020_Rangoon_Burma%20-%20Union%20of_06-04-2020.

[45] Eleven, “Over $242 m earned from export of beans and pulses from Oct to mid Dec”, 26 December 2021, https://elevenmyanmar.com/news/over-242-m-earned-from-export-of-beans-and-pulses-from-oct-to-mid-dec.

[46] India Shipping News, “India signs 5-year pulses import deal with Myanmar, Malawi”, 29 June 2021, https://indiashippingnews.com/india-signs-5-year-pulses-import-deals-with-myanmar-malawi/.

[47] Author’s personal communication with local farmers, 18-23 January 2022.

[48] Myanmar has invested little in enhancing future agricultural productivity compared with neighboring countries.

[49] Julian Alston et al., “A Meta-Analysis of Rates of Return to Agriculture R&D”, International Food Policy Research Institute, February 2000.

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2022/19 “The Intractable Challenges Facing Energy Trade in Southeast Asia” by Ryan Wong and Lee Poh Onn

 

Electricity power transmission lines in Petaling Jaya, near Kuala Lumpur, Malaysia. Picture taken on 21 August 2021 by Mohd RASFAN, AFP.

EXECUTIVE SUMMARY

  • A cross-border power grid offers Southeast Asian countries the potential of greater energy security, affordability and sustainability, while also reducing greenhouse gas emissions through a more efficient network for distributing energy.
  • The benefits of the grid could be fully realised via a robust multilateral energy trade system with harmonised grid codes, ironed-out wheeling charges, and a regional coordinator.
  • However, to overcome these long-standing technical and institutional challenges, countries in the Greater Mekong Subregion should also look towards the benefits to be gained from cooperation. They should resort to cold calculations on the energy production costs that they each could save.
  • In addition, solar energy supply via undersea cables may reduce the extent to which powerful energy buyers now depend on existing ASEAN grids. This would create healthy competition between energy providers.
  • A deeper involvement of the Asian Development Bank in providing technical expertise in engineering and economics can complement ASEAN’s institutional coordination role.

* Ryan Wong is Lead Researcher (Climate Policy) at the Climate Change in Southeast Asia Programme at ISEAS – Yusof Ishak Institute. Lee Poh Onn is Senior Fellow at the Regional Economic Studies Programme at the same institute.

ISEAS Perspective 2022/19, 25 February 2022

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INTRODUCTION

ASEAN is expected to grow collectively by over 5 percent per year to become the world’s fourth-largest economy by 2030.[1] At the same time, the ASEAN Centre of Energy has predicted that energy demand in the region will increase by more than 70 per cent between 2020 and 2040.[2] In meeting that demand, energy in the region will also have to be secure, accessible and affordable. Arguably, the most substantive measure to be undertaken in the region is the ASEAN Plan of Action for Energy Cooperation (APAEC) which involves the upgrading of the electricity grid and development of a multilateral electricity trading platform. These activities may contribute to the target of reducing energy intensity[3] by 32% by 2025.[4] Energy cooperation is presently managed through consensus among national energy authorities under the authority of energy ministers in Southeast Asia. ASEAN Energy committees deliberate and decide on technical issues regarding the energy grid upgrade in multiple layers, including the Heads of ASEAN Power Utilities/Authorities (HAPUA), the ASEAN Power Grid Consultative Committee (APGCC), the ASEAN Ministers on Energy Meeting (AMEM), and the ASEAN Senior Officials Meeting on Energy (SOME).

The ASEAN Power Grid programme aims to ‘enhance connectivity, energy security and sustainability’. Countries like Lao PDR are likely to produce energy in surplus, while middle income and advanced economies like Malaysia and Singapore would seek to buy electricity as part of their energy diversification and greening strategy. This trade structure can be achieved by connecting the individual national grids and agreeing on the pricing mechanism. Given present constraints, it is all the more important for existing sources of energy to be utilised more efficiently and in ways that reduce carbon emissions. This is where multilateral trading of energy will become relevant, and surpluses from one country can be sold to another through the power grid.

The ASEAN Power Grid (APG) is one way that can allow for greater cross-border energy trade. It has the basic infrastructure to facilitate a more inter-connected ASEAN, which will make large-scale renewable energy investments viable with excess energy produced in one country being sold to another through the grid, reaping economies of scale.[5] Trading in renewable energy through the APG could be one means for countries individually and for ASEAN collectively, to reduce carbon emissions. The APG includes improvements both to the physical infrastructure and to procedures and mechanisms for the trading of power.[6]

The question is whether Southeast Asian countries see clearly enough the opportunities that can be found in harmonising energy grids and selling surplus energy. While the economic incentives should be obvious, countries with greater purchasing power and production capacity are likely to maximise their own interests while the weak suffer what they must. The brutality of trade negotiations exists even in legally mature institutions like the European Union. Putting political rivalry and technical capability aside, ASEAN further faces a greater challenge. The institution abides by the foundational principle of non-interference in the affairs of other countries. While this has brought peace, it has at the same time steered Southeast Asian actors to shy away from any open conflict, including agendas critical to the long-term viability of the region. This has been exemplified in the financial collapse of 1998, in the transboundary air pollution which was stalled and only ratified by Indonesia on 16 September 2014 after the other nine member countries had ratified much earlier in 2010, and with the military coup in Myanmar. Is the issue of trading for energy across borders in the too-hard basket as well, given that there are sovereignty issues involved in the role national energy providers of each ASEAN member country play?

SECURING ENERGY VIA TRADE

The APAEC has successfully articulated the need for regional energy integration but failed to obtain buy-in from member countries to realise the concept. It is anticipated that the electricity grid can draw from renewable energy plants such as the solar farms in Vietnam, hydropower facilities in Laos, and offshore wind turbines in Thailand. Diversifying the sources locked into the electricity grid will provide opportunities for the trading of surplus renewable energy, especially when other sources of renewable generation dips or fossil fuel products experience price spikes, as was evident in the 2021 global energy crisis and that has stretched into 2022.

The technical upgrade of the electricity grid is relatively straightforward. The Herculean task lies in the establishment of sufficiently appealing trade terms for member countries. While they understand that only multilateral trade will leverage the economies of scale, the only existing arrangements so far have been bilateral.

Southeast Asian countries are in general insular in their policy thinking. Therefore, it takes strong political will for them to look beyond national borders and immediate needs. Under the common understanding of regional energy trade for long-term security, national governments can exchange information and align activities.[7] A cooperative culture will facilitate the harmonisation of grid codes and wheeling charge. Countries will also agree on who has access to the grids, what data and information can be shared, and how average clearing prices are set. The region is not short of good ideas for making these possible.

SKETCHING TRADE MODELS

Three trade models can be examined more closely.[8] The first involves ASEAN developing a harmonised bilateral trade model. The harmonisation will require standardising bilateral contract templates and a common wheeling charge methodology. The latter allows an intermediary country to facilitate power transmission. An international institution is needed to act as the regional coordinator for managing transactions. An ASEAN country can enter into bilateral agreements with any other country even if they do not share a border.

The second model proposes the development of a regional power market that is separate from national market operations. To overcome information asymmetry across market systems, a central clearing party and a regional market operator must collect and share information on the supply and demand of electricity. The information is critical for ensuring efficient market response to shocks such as economic crises, infrastructure failures and natural disasters. The central clearing party can also facilitate fund transfers between countries.

The final and most ambitious model replaces the national markets with a fully integrated regional market. The role of the institutions is essentially the same, but their overall responsibilities will increase significantly. A fully integrated market is then facilitated by the regional grid infrastructure, technical institutions, harmonised grid codes, and a regional market coordinator.

TESTING THE WATER

None of these models are like rocket science in difficulty. In fact, bilateral energy trade agreements already exist in the region; Singapore imports electricity from Malaysia, for example. Undersea cables have connected electricity grids between Singapore and Malaysia since the 1980s.[9] This initiative has not been driven by profit interests alone but also by security interests. Both countries help each other manage grid stability and address intermittency issues. Another case is Thailand’s import of electricity from Laos.

As a starting point of multilateral trading, the Lao PDR–Thailand–Malaysia–Singapore Power Integration Project (LTMS-PIP) serves as a “pathfinder” project for multilateral trading.[10] Malaysia purchases power from Laos under set terms on price and quantity, and Thailand acts as a wheeling country that allows the use of its energy grid for transmission between Malaysia and Laos. This project has shown that energy trading among Southeast Asian countries is possible but can be expanded to be multidirectional and to involve more than three countries. The LTMS-PIP already includes a wheeling charge methodology that is applicable for a harmonised regional model. Over the last 15 years, trade has increased fivefold, and power exports from Laos to Thailand have contributed a share in trade of about 79 percent in 2019. At present, most electricity trade within the APG occurs bilaterally.[11] Singapore joined the LTMS-PIP two years after its inception,[12] and in September 2021, Laos, Thailand, Malaysia and Singapore reaffirmed their commitment towards advancing multilateral cross-border trade in ASEAN, with a modest cross-border power trade of up to 100 MW from Laos to Singapore via Thailand and Malaysia using existing interconnections starting in 2022.[13] To provide some perspective, Singapore’s total electricity supply capacity was estimated at 10,280MW in 2021.[14] The arrangement allows Singapore to tap into renewable energy from Laos.

In 2018, Malaysia began buying electricity from Laos. Singapore joined in 2020 and was expected to start purchasing low-carbon electricity from Laos in 2021. The option of importing renewable energy from other sources in the future can be made available when the grid is harmonised across the countries. Being strategically located between Peninsular Malaysia and Sumatra, Singapore is well-placed for when multilateral trading starts progressing across the region. Existing transmission cables from Malaysia will also need to be upgraded, and the technical and regulatory framework will have to be streamlined by the utility boards of both Singapore and Malaysia. However, on 23 October 2021,[15] Malaysia announced that it would only allow non-renewable exports to Singapore.[16]

DOING IT THE ASEAN WAY

In April 2017, the ASEAN Power Grid Consultative Committee (APGCC) agreed on the principles that are to underpin increased power integration in the region.[17] These are as follows.[18] First, trading should be stepwise and voluntary. Second, power trade should focus on gaps and excesses and not require the utilisation of all domestic generation plants in the regional market. It should also not interfere with the operation of national power systems. Third, national regulations should be complemented by regional coordination. Multilateral power trading can be achieved in incremental rather than transformational steps. Fourth, multilateral trading should be supported by expanding the regional (cross-border) power system infrastructure with a master plan developed with multilateral trading in mind. Fifth, a regional wheeling price model should be established. Lastly, sustainable power systems should be in place to increase the deployment of variable renewable resources.

By 2020, seven of the 16 power interconnection projects in ASEAN had been completed.[19] The upgrade of power grids is projected to cost US$1.2 trillion up till 2040. After that, rapid grid expansion may be necessary to cope with the fast economic growth and high energy demand in the region. Datafication of grid operations will enable targeted control of the processes of generation, transmission, storage and usage. All of these would cost the governments a fortune. Naturally, private investment is required. However, the most intractable challenge is not technical according to well-known energy analyst Philip Andrews-Speed. In pursuing multilateral energy trade frameworks, national governments would keep their domestic vested interests so close to their chests that negotiations would stall very quickly. Moreover, national energy authorities are not ready to resource the long-drawn negotiation and coordination process. After all, there has not been many successful cases of sustained collaboration between Laos, Thailand, Cambodia, Malaysia and Singapore. They are at vastly different levels of economic development, and this is reflected in a mismatch in institutional capacities for international trade.

TRADING WITH RENEWABLES

The ASEAN grid in the Greater Mekong Subregion can only offer a glimmer of hope and no certainty at the moment. Countries that are looking to reduce carbon emissions through electricity generation may not want to place all its eggs in one basket. Singapore, for instance, has looked elsewhere for energy supply. For example, the idea of transmitting solar energy from Australia to Singapore via an undersea cable was floated already in 2014. Since then, the Northern Territory Government in Australia has crafted regulatory and incentive frameworks to welcome investment in solar farms to be situated in the most consistently sunny place on earth. A Singaporean company, Sun Cable, took up the opportunity after years of negotiation.[20]

Other possible links to Australia have been subject to changes in policy. For example, in July 2021, the Australian Federal Government placed the Asian Renewable Energy Hub in the Northern Territory on the back burner due to concerns about the Hub’s impact on migratory birds and wetlands.[21] This was quickly overturned when both levels of government in Australia granted the solar precinct Major Project status, so the project is still underway.[22] Singapore’s diversification effort extends into the construction of the world’s largest floating solar panel system in Batam, Indonesia. A large portion of the generated electricity will be transmitted to Singapore.[23]

Singapore’s energy diversification strategy may trigger healthy competition among energy providers within the region. It may maintain the momentum of this pro-trade and pro-climate vision if ASEAN supported such a development in its regional energy plan – APAEC. A further step would be a discussion of this emerging energy trade model in the region during the 40th ASEAN Ministers on Energy Meeting, ending with an explicit acknowledgement in the associated Joint Ministerial Statement. This is the least that ASEAN, which has aspired to create a vibrant single market in the region, can do in the interim. In addition, ASEAN needs to concentrate economic analytical capability from international organisations to present a much stronger case of cost-savings through multilateral energy trade to its member nations.

BETTING ON THE NEW KID

The lack of urgency in sharing energy to achieve long-term security across the region is palpable. According to energy insiders, APAEC had been abandoned by national energy officials for a while before it was revived for the recent drafting of the next iteration of the plan.[24] The fear is that the main policy actors may be merely rearranging chairs on the deck of a sinking Titanic.

The Asian Development Bank has been a long-standing advisor to all three power grid regions. It provides expertise spanning across economic evaluation, geographical mapping, power grid engineering, and environmental and social impact assessment. Environmental issues related to land ownership, permit application and biodiversity threat have been raised,[25] demonstrating its sensitivity to green standards in large-scale infrastructure planning in the region.

In taking the power grid projects to the next level, ADB proposes the alignment of its objectives with those of ASEAN. The ADB’s Greater Mekong Subregion Masterplan adds to the ASEAN Interconnection Masterplan Study, and the ASEAN Catalytic Green Financing Facility complements the APAEC. ADB could provide advice on financial and technical planning to the ASEAN Power Grid Consultative Committee. ADB can even support the ASEAN Centre for Energy in implementing pro-trading strategies such as open access proposals, wheeling charges, bilateral measures, and balancing mechanisms. Therefore, the Bank has recognised the need to keep engaging with the energy sector while establishing connections with other sectors. Drawing regulators from finance, trade and investment into the planning process will resolve the two primary issues of the power grid: slow investment in expanding connections, and poor trading capacity between countries.

SHOCKING POLITICAL ECONOMY

Equally important to examine is the political aspect that explains why actors have not been able to overcome the finance and trade issues after all these years. The clash of interests between countries is a function of economically powerful countries dominating weaker countries. Thailand and Vietnam are two potential large buyers of renewable energy from Laos. Poor communication and trust between these countries have prevented the formalisation of energy trade relations. Therefore, private deals were made instead without involving the public sector in Laos. The very first energy trade agreement was between Cambodia and Laos but cracks showed quickly when Laos could not meet the demand.[26] Adding to the struggle is the ambition of China to export energy to Greater Mekong. Laos has so little room to manoeuvre given that China owns the Laotian high voltage network and that the countries in the subregion do not see Laos as a trustworthy trading partner.[27]

For the whole multilateral energy trade system to lift off, one of three scenarios has to eventuate: voluntary unity, neutral benefactor and regional coordination. In the potential scenario of voluntary unity, Thailand and Vietnam would abandon their short-term calculations based on economic self-interest. They would show leadership in strengthening the sovereignty of Greater Mekong subregion and guarding against the growing influence of China in a sector as critical as energy supply. Under this framework, the trade mechanism and infrastructure development in Laos would be prioritised for investment.

The second scenario calls for a capable benefactor. Perhaps the most capable country is Singapore but it has opted for ‘additive regionalism’, preferencing its major trading partners rather than geographical neighbours. A neutral benefactor is unlikely to emerge due to the strong national interests found in the region, and the vastly different economic capabilities. The third scenario involves a regional coordinator like ASEAN to present pathways out of the institutional fragmentation. ASEAN has not had a stellar track record of resolving conflicts in the region. It has limited power and finance to sway things at the negotiation table. The recent involvement of the ADB, which has the expertise, legitimacy and finance needed, may change the game. Even so, we are not particularly optimistic as their relatively successful Eastern project in Kalimantan has been mired in political rivalry. The United States has formalised an energy cooperation with ASEAN by supporting capacities for energy storage and grid optimisation;[28] the focus is on technical infrastructure rather than trade mechanisms. The US is unlikely to lead mainland ASEAN out of this energy trade maze.

It may take an energy crisis to break the gridlock. The volatility of coal and natural gas prices in late 2021 should have sent chills down the spine of Southeast Asian countries. The temporary ban on coal export from Indonesia to other Asian countries was partially lifted after barely a month. These events do not seem to accelerate the negotiation of energy trade, possibly due to Southeast Asia being relatively sheltered from the shocks. Triggered by natural disaster or resource shortage, an extended power outage that incurs dire economic costs and social instability may get countries in the region to face their collective vulnerability. While Greenpeace has warned against continued dependence on fossil fuel imports, not all dependencies are risky. In fact, a high functioning multilateral energy trade system will facilitate the kind of dependency between Southeast Asian countries that promotes greater uptake of renewables, energy cost savings, and access to energy backup on rainy days.


ENDNOTES

[1] See ASEAN. Joint ministerial statement of the 38th ASEAN ministers on energy meeting. 2020. Available from: https://asean.org/wp-content/uploads/JMS-of-the-38th-AMEM-Final_Clean.pdf.

[2] “Asean energy demand to grow 70% between 2020 and 2040”, The Business Times, 26 October 2020, https://www.businesstimes.com.sg/asean-business/asean-energy-demand-to-grow-70-between-2020-and-2040. Accessed 7 December 2021.

[3] Energy intensity measures an economy’s energy efficiency and shows how much energy is needed to produce a unit of gross domestic product (GDP).

[4] Energy intensity as a climate target can be problematic. Lower energy intensity represents greater efficiency in electricity generation. It is possible for the region to achieve an energy intensity similar to the European Union but emit much greater carbon emissions.

[5] Ibid., p. 25.

[6] Ibid., p. 92.

[7] See ASEAN. Joint ministerial statement of the 38th ASEAN ministers on energy meeting. 2020 at https://asean.org/wp-content/uploads/JMS-of-the-38th-AMEM-Final_Clean.pdf.

[8] International Energy Agency (IEA). Establishing Multilateral Power Trade in ASEAN. France: IEA, September 2019. p. 5.

[9] Philip Andrews-Speed, “Importing electricity from Malaysia is a good thing”, CNA. https://www.channelnewsasia.com/commentary/malaysia-electricity-asean-grid-renewable-energy-climate-change-1305451. Accessed 4 April 2021.

[10] See International Energy Agency (IEA). Op. cit..

[11] ACE, The 6th ASEAN Energy Outlook (AEO6). Op. cit., pp. 93-94.

[12] Philip Andrews-Speed, Op. cit..

[13] Second Minister for Trade and Industry Dr See Leng at the 39th ASEAN Minister on Energy Meeting, Brunei Darussalam, 15 to 16 September 2021, Annexe C: Second Joint Statement of the LTMS-PIP. https://www.mti.gov.sg/-/media/MTI/Newsroom/Press-Releases/2021/09/Second-Minister-for-Trade-and-Industry-Dr-Tan-See-Leng-at-the-39th-AMEM.pdf. Accessed 20 September 2021.

[14] “Singapore looks to grow power generation capacity”, The Straits Times, 29 March 2021, https://www.straitstimes.com/singapore/singapore-looks-to-grow-power-generation-capacity. Accessed 30 March 2021.

[15] “Malaysia’s Energy Ministry to limit renewable energy exports to Singapore”, The Straits Times, 23 October 2021, https://www.straitstimes.com/asia/se-asia/malaysias-energy-ministry-to-limit-renewable-energy-exports-to-singapore. Accessed 23 October 2021.

[16] East Malaysian Sarawak Energy Bhd has however offered to sell its excess renewable energy to Singapore and to any other country in ASEAN. The sale of energy is an autonomous matter to be decided by the Sarawak and not the Federal government in Malaysia. See “Sarawak can be an exporter of renewable energy to Singapore, says senator”, The Star, 29 October 2021. https://www.thestar.com.my/news/nation/2021/10/29/sarawak-can-be-an-exporter-of-renewable-energy-to-singapore-says-senator. Accessed 1 December 2021.

[17] International Energy Agency (IEA). Establishing Multilateral Power Trade in ASEAN. Op. cit., p. 5.

[18] Ibid.

[19] ACE, The 6th ASEAN Energy Outlook (AEO6). Op. cit., pp. 93-94.

[20] James Guild, “Australia’s big plans for clean energy exports” The Diplomat, 17 March 2021. Available from: https://thediplomat.com/2021/03/australias-big-plans-for-clean-energy-exports/. Accessed 15 November 2021.

[21] “Australia rejects $48.5 billion wind, solar, hydrogen project”, The Straits Times, 21 June 2021, https://www.straitstimes.com/asia/australianz/australia-rejects-485-billion-wind-solar-hydrogen-project. Accessed 15 November 2021.

[22] L. Blain, “World’s biggest clean energy project to power Singapore from Australia”, New Atlas, 28 September 2021, https://newatlas.com/energy/sun-cable-australia-singapore-solar-undersea-powerlink/. Accessed 15 November 2021.

[23] R. W., Yuniar, “Singapore’s solar power link from Australia spurs call for Indonesia to press on with green goals”, South China Morning Post, 15 October 2021, https://www.scmp.com/week-asia/economics/article/3152373/singapores-solar-power-link-australia-spurs-call-indonesia. Accessed 15 November 2021.

[24] Ryan Wong, “Don’t miss the turning point of ASEAN’s energy plan” Fulcrum, 11 August 2021, https://fulcrum.sg/dont-miss-the-turning-point-of-aseans-energy-plan/. Accessed 15 November 2021.

[25] Asian Development Bank. An evaluation of the prospects for interconnections among the Borneo and Mindanao power systems. November 2014. https://www.adb.org/sites/default/files/project-document/176609/ino-borneo-mindanao-power-systems.pdf. Accessed 15 November 2021.

[26] Personal communication, 23 August 2021.

[27] Sebastian Strangio, “Laos Grants 25-Year Power Grid Concession to Chinese-Majority Firm”,The Diplomat, 17 March 2021,https://thediplomat.com/2021/03/laos-grants-25-year-power-grid-concession-to-chinese-majority-firm/. Accessed 15 November 2021.

[28] See ASEAN. Joint ministerial statement of the 38th ASEAN ministers on energy meeting. 2020. Available from: https://asean.org/wp-content/uploads/JMS-of-the-38th-AMEM-Final_Clean.pdf.

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2022/18 “Political Instability and Enhanced Monarchy in Malaysia” by Shad Saleem Faruqi

 


Malaysia’s King Sultan Abdullah Sultan Ahmad Shah and Queen Tunku Azizah Aminah Maimunah arrive to attend the enthronement ceremony of Japan’s Emperor Naruhito at the Imperial Palace in Tokyo on 22 October 2019. Picture: Carl Court/POOL/AFP.

EXECUTIVE SUMMARY

  • In relation to the power and functions of the Yang di-Pertuan Agong (the Federal Monarch) and the nine State Rulers, the Malaysian Constitution is largely fashioned on the British model of a constitutional monarchy but with local adaptations. Save in some enumerated situations in which royal discretion is explicitly conferred, the King is required to act on the advice of the Prime Minister.
  • Lately, however, this view is being increasingly challenged. Due to a trust deficit by the citizens in most political and public institutions, there are calls for the monarchs to provide leadership, play an enhanced role, become constitutional auditors and provide a check and balance against discredited political institutions.
  • Royal assertiveness had been growing since the resignation of the strong-willed Prime Minister Mahathir Mohamad in 2003. The devastating Covid-19 crisis and the political instability that engulfed the nation after the fall of the Pakatan Harapan government in February 2020 enhanced the role of the federal and State monarchs significantly. 
  • Are these changes an ephemeral response to passing events or do they reflect an evolution from Westminster-based monarchic restraint to an “Eastminster type” of autochthonous constitutional arrangement? The ultimate shape of things will depend on a number of factors outlined in this Perspective. 

* Shad Saleem Faruqi was Senior Visiting Fellow (July-September 2021) at ISEAS – Yusof Ishak Institute. He is Emeritus Professor at UiTM; and holder of the Tunku Abdul Rahman Foundation Chair at the Faculty of Law, University of Malaya.

ISEAS Perspective 2022/18, 24 February 2022

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INTRODUCTION

In Malay history, the Rulers enjoyed nearly absolute powers. However, the British colonial government reduced their role into a ceremonial one except on matters of Islam and Malay custom. It was the Malay revolt against the Malayan Union which took place in 1946 which halted the attempt to marginalise the Malay Rulers further.

When Malaya gained independence in 1957, the Merdeka Constitution provided for a largely Westminster-style constitutional monarchy.[1] However, the Constitution did bestow some discretionary powers in critical areas on the federal King,[2] the State Rulers[3] and the Conference of Rulers.[4] Several laws protect the royal institution against any challenge to its existence and continuity.[5]

From 1957 to 1983, the monarchy, at least at the federal level, attracted very little controversy. However, during the premiership of Mahathir Mohamad from 1981 to 2003, conflicts arose between the Rulers and the Government. The resulting constitutional amendments caused a serious decline in the prestige and powers of the monarchy.[6] However, the devastating Covid-19 crisis and the political instability that engulfed the nation after the fall of the Pakatan Harapan government in February 2020, brought about a vastly enhanced role for the federal King and the Conference of Rulers in several critical areas of constitutional law. This Perspective provides an overview of the role of the Malaysian monarchy in a historical as well as a contemporary context.  

MALAYSIA’S DISTINCTIVE CONSTITUTIONAL MONARCHY

Unlike the absolute monarchy in Brunei or Arabia, the constitutional monarchy in Malaysia is modelled on the British Westminster system albeit with many local modifications.

First, the unique institution of the Conference of Rulers is conferred with significant powers to deliberate on issues of principle and policy that would be outside the powers of the British monarch.

Second, the federal monarchy is elective and the King can be dismissed by his brother Rulers.

Third, the State Sultans have considerable personal powers under their State Constitutions, something that the UK monarch does not possess.

Fourth, constitutional conventions in the UK transformed an absolutist monarchy into a constitutional one. In Malaysia the role of conventions has been the opposite. A constitutional monarchy has been conferred personal discretions which the law did not envisage, for example, the power of the state Sultans over the appointment of State Chief Ministers (CMs). 

Fifth, the Yang di-Pertuan Agong (King), though generally bound by the advice of the political executive, does not tamely rubber stamp all political and legal decisions if the Conference of Rulers, that has the power to dismiss him, instructs him otherwise.

Sixth, as in all other countries with a split executive (King-PM, President-PM) the King and the Sultans have some reserve, inherent, prerogative, and non-statutory powers which can be exercised in exceptional circumstances. The nature and extent of such powers are, however, a matter of contention.[7]

After the racial riots of 1969, the royal position was strengthened further by the 1971 constitutional amendment to Article 63 which extended the law of sedition to proceedings in Parliament.[8] However, the pendulum swung the other way after Mahathir Mohamad came to power in July 1981.

The eighties and nineties saw several confrontations between the State Rulers and the strong-willed Prime Minister. A constitutional amendment to Article 66 was passed in Parliament in August 1983 to bypass the King and the Rulers in the legislative process. The Conference of Rulers unanimously vetoed the amendment. The government then unleashed an intense media campaign to disclose the extravagant lifestyle, abuses and improprieties of some royal houses.[9] A compromise Amendment Bill was then worked out in 1984 to allow the King and the Rulers to be bypassed in the legislative process after a multi-tiered process.[10] 

In 1993, the monarchs were humiliated again by being deprived of their personal and legal immunity in civil and criminal proceedings. Subsequently several civil suits were filed against the Rulers with one successful result.[11] 

RESURGENCE SINCE 2003

In the years after the resignation of Mahathir as Prime Minister in 2003, the monarchy, at least at the State level, began to reassert itself. There are on record some spectacular instances of royal assertiveness in the appointment of the State Chief Minister (CM) in Perak, Perlis, Selangor and Terengganu.

In some States, the royal view appears to be that the power to appoint a CM is an ancient, inherent, non-statutory, and prerogative power not regulated by the Constitution, notwithstanding the norm of parliamentary democracies that whoever commands the confidence of the Assembly, has the right to be invited.[12]

In Perak in 2009 when Nizar Jamaluddin, the Pakatan Rakyat CM, lost his majority due to defections, he requested the Sultan to dissolve the Assembly and call for fresh elections. The Sultan declined the request, as was his undoubted power under Article 18(2)(b) of the Perak Constitution and allowed Barisan Nasional, under debatable circumstances, to form the new government.[13] The “Nizar precedent” adds considerably to royal discretion in the matter of appointment of State Chief Ministers and (as it turns out) in the appointment of the federal PM during the period 2020-2021.      

Islamic issues have provided Sultans with opportunities to make decisions that appeal to the Muslim masses.[14] In 2013, Sultan of Selangor relied on a 1988 State law to decree that non-Muslims cannot use the word “Allah” in their holy books. In 2014, the government of Johor declared Friday and Saturday as state holidays in accordance with the wishes of the Sultan to make it easier for Muslims to offer their Friday prayers.

Royal assertiveness became more evident in the period after May 2018 when Barisan Nasional lost the General Election to the multi-racial Pakatan Harapan coalition led by Mahathir. The then King, the Sultan of Kelantan, waited nearly 21 hours to swear-in Mahathir as the PM. Even though Mahathir was the acknowledged leader of the winning coalition, the King first offered the premiership to Wan Azizah, who was the leader of the largest component in the victorious Pakatan coalition.[15]

When PM Mahathir nominated the senior lawyer, Tommy Thomas, to the post of Attorney-General, the King referred the matter to the Conference of Rulers which opposed the nomination. It took several weeks for the King to give his consent. A similar delay was witnessed when the senior-most judge of the apex court, Tan Sri Richard Malanjum (now a Tun), who is a Christian from Sabah, was nominated Chief Justice of Malaysia. In 2019, when the Johor CM was ousted by defecting Assemblymen, the Palace asserted the right to nominate his successor.[16] 

In 2019, Malaysia ratified the Rome Statute of the International Criminal Court (ICC) but was forced to announce its withdrawal within a month of ratification due to strong opposition from the Malay Rulers. Royal objections were based on the allegation that the treaty would undermine Islam, the Malays, and the monarchy.[17]

POST-2020: ENHANCED MONARCHY

The year 2020 was marked by a devastating Covid-19 pandemic, the resulting economic crisis, the 1-MDB related scandals, rising ethnic tensions, endemic party-hopping and the resulting political instability that engulfed the nation after the fall of the elected PH government in early 2020. With the weak Muhyiddin Yassin government unwilling to face Parliament and relying on royal support for survival, the monarchy exerted a vastly enhanced influence in a number of legal, political and administrative areas.

Appointment of the Prime Minister

If there is a vacancy in the office of the PM for any reason whatsoever, Article 43(2) mandates that the King must appoint an MP as the PM who “in his judgment is likely to command the confidence of the majority of the members of the House”. The words “in his judgment” lead some people to believe that the Monarch has unlimited and subjective discretion in the matter. Actually, Article 43(2) must be read along with the universal tradition of parliamentary democracies that if a party or coalition commands the confidence of an absolute majority of the members of the elected House, the Head of State has no choice but to choose its leader as the PM. However, if no party or faction controls a majority, and the situation is one of a “hung Parliament” then the constitutional text provides very little guidance about the murky world of government formation.

This was the scenario in 2020-21 which saw repeated floor crossings, hung Parliaments and the collapse of two successive coalition governments, one in February 2020 and the other in August 2021. There was resignation of two PMs in less than 18 months. 

In February 2020 on the resignation of Mahathir, the Yang di-Pertuan Agong adopted the unprecedented, admirable, but extra-parliamentary method of interviewing all MPs to determine who they backed as the new PM. The poll of MPs conducted by the Monarch was not made public.[18] The King ultimately chose Muhyiddin Yassin as PM on March 1 but did not impose any requirement of convening Parliament within a time limit or seeking a vote of confidence or working out a Confidence and Supply Agreement. The King also rejected as unconvincing, Mahathir and Anwar Ibrahim’s later claims that they had gained a parliamentary majority. 

Before the Budget session in late 2020, the King issued a strong public statement urging all MPs to subordinate politics to national interest and support the Muhyiddin government on Budget 2021. However, with the loss of support from factions within UMNO, Muhyiddin resigned on 16 August. This time around, the King consulted party leaders and came to the conclusion that under Article 43(2)(a), Ismail Sabri commanded the confidence of the majority of the Dewan Rakyat. 

It is noteworthy that both governments since February 2020 were created at the Istana rather than as a result of the electoral process or a vote of confidence in the Dewan Rakyat.

Governance and Parliamentary Affairs

Summoning of Parliament 

Under Article 55(1), the King shall from time to time summon Parliament. This power is subject to the advice of the PM.  A constitutional dilemma arose during 2020-21 when PM Muhyiddin acted undemocratically to keep the legislature at bay. After his appointment as PM, Muhyiddin postponed the March session of Parliament to May.  To comply with the 6-month time limit imposed by Article 55(1), he convened Parliament for two hours on 18 May to listen to the Royal Address and then adjourn without any debate or motions. He appointed a bumper Cabinet but kept avoiding Parliament. During 2021, there were repeated admonitions from the King to the government to convene Parliament as soon as possible.[19] Muhyiddin set a September 2021 date but, under royal pressure, changed it to July 2021.  

Declaration of Emergency 

In October 2020, the King declined Prime Minister Muhyiddin’s advice to declare an emergency. This was perhaps the first time since independence that a Prime Minister’s advice on proclamation of emergency was ever refused. However, the King accepted the PM’s advice in January 2021 to proclaim an emergency but with significant qualifications.[20] 

Refusal to Revoke Emergency Ordinances

Three days before parliament was to meet in July 2021, Prime Minister Muhyiddin advised the King to revoke some of the Emergency Ordinances in operation. The King refused on the ground that, as Parliament was about to come to session, the Proclamation and the Ordinances must be submitted to Parliament for scrutiny as the PM had promised.[21] 

Legislation and Policy-making

Amendments to Laws

In the last 10 years, a new development has come about that on constitutional amendments involving Islam and issues covered by Articles 38 and 159, many Royalists expect that no Bill shall be introduced in Parliament without prior consultation with the Conference of Rulers. In 2017, the Bill to amend Act 355 (on Shariah courts’ jurisdiction) was laid before Parliament. Former MP, Tawfik Ismail, challenged it in a court of law on the ground that the Bill must first obtain clearance from the Conference because Islam is within the powers of the Sultans. In fact, the Constitution in Articles 38(4) and 159(5) provides for the Conference to exercise veto power after laws are enacted, not before they are tabled.

Issuing of Press Communiques

A significant feature of the last few years is that the Istana Negara issues periodic press statements expressing the King’s hopes and wishes on many issues. The PM’s Department is not consulted.

The Conference of Rulers has also for some time resorted to issuing press statements expressing the Conference’s views on such issues as race and religious relations.[22]  Individual Sultans especially the Sultans of Perak and Johor express their hopes and wishes for the nation and caution against extremism and intolerance. 

Collective Leadership and Governance

Petitions from Citizens’ Groups 

The activism of the King and the Conference of Rulers since 2003 has wide public support. Many citizens see the Conference as the only remaining constitutional institution that can provide check and balance in government and be a healer and reconciler of society’s conflicts. Most remarkably, the non-Malays see the Sultans as their last line of defence against the Malay-Islamist-Ketuanan ideology. The Malay ethnocratic and ethno-sectarian forces, likewise, see the Rulers as defenders of ‘Malay interests’.

From time to time, groups of citizens send petitions to the King or the Conference for urgent remedial actions. In late 2021, Nazir Razak, the brother to former PM Najib Razak, joined 55 other citizens to make wide-ranging proposals for institutional reform – most significantly by proposing that the Conference of Rulers establish a deliberative assembly to advise parliament.[23] Whether the initiatives proposed are within the constitutional functions of the monarchy is a matter of doubt but what is significant is that many Malaysians of all races see the Sultans as more trustworthy than politicians and as capable of providing check and balance in government. 

Role of the Conference of Rulers

Another important development under the present King, the Sultan of Pahang who acceded the national throne in January 2019, is that on most constitutional issues, he has sought the counsel of his brother Rulers. Whether it is appointment of the PM, the declaration of emergency, the revocation of a proclamation, or the proroguing or dissolution of the State Assemblies, the King exercises his powers after consultation with the Conference of Rulers. This fits well with Article 38(2), which stipulates that the Conference has the power to deliberate on questions of national policy and “any other matter it thinks fit.[24] This role contains tremendous potential. It invests the conference with a unique unifying and advisory role.[25] 

However, the recent practice of this deliberative function raises some constitutional issues. First, on several occasions recently, only the Malay Rulers were invited to these deliberations even though the four Governors too are part of the Conference of Rulers.[26] Second, during the recent deliberations and consultations, the King and the Rulers were not accompanied by their PM or CM as is required by the Constitution’s Article 38(3).

CONCLUSION

Though the Constitution and the laws confer on the Conference of Rulers, the Yang di-Pertuan Agong and the State Rulers a vast range of powers and functions in the executive, legislative and judicial fields, and in matters of Islam, in reality most of these powers belong to the elected government of the day.

However, royal powers have resurged in recent years due to significant political and social developments. These include the following:

  • The Barisan Nasional’s decline of political dominance since the General Election of 2008 has enabled the Sultans to play a decisive backstage role. Since 2020, the country has suffered serious political instability and the Rulers have filled the power vacuum.
  • The quality of national and state leadership since 2020 has declined seriously and the citizenry seems to have lost confidence in the ability and the resolve of the leadership to tackle the many challenges faced by the nation.      
  • The position of the Rulers as guardians of Islam and defenders of the special position of Malays gives them a legitimacy and authority that remains unshaken.[27]
  • In the altered political circumstances, with a weak and unstable government at the Centre, the States are likely to assert themselves and reclaim their rights against the federal government. In such a situation, the State Rulers may be tempted to play the role of statesmen and arbitrators.  

Other factors attenuate the leverage of Malaysia’s monarchies.

The increasing involvement of the royal houses in business and commercial activities, logging and mining, is susceptible to conflict with the growing Malay corporate sector and the Malay political elite.[28]

One must also note the power of the social media to supply alternative information. There is also a political awakening amongst the youth demographic who are now armed with the right to vote at age 18. A number of new political parties, some youth-based, some multiracial, made an appearance in late 2021.  

The burgeoning power of the Syariah establishment may also, one day, challenge the power of the Sultans in matters of Islam. It is being openly talked about that the authority of the State Rulers is often undermined by federal religious authorities.[29]

The extent and effect of the revival of royal power will depend on the balance of various factors. Among them, the character, personality and ideological leaning of future political leaders; the relationship (harmonious or discordant) between royal houses and the Malay corporate elite; the ruling party’s electoral strength; the unity or disunity between the major Malay political parties; the power of the mass media; and how the Rulers relate to the people.

In sum, the period 2018-2021 has seen a tremendous enhancement in the powers of the Yang di-Pertuan Agong and the Conference of Rulers, substantially departing from their Westminster-modelled constraints. Whether this was a temporary phenomenon in response to the political and economic challenges of the last few years or a lasting imprint on an “Eastminster Constitution” with an enhanced monarchy[30], remains to be seen. Many welcome this royal activism and see it as a check and balance on an uncontrolled government.  Others fear that this may tempt an overreach by a future monarch. While that is unlikely at the federal level, only time will show the shape of things to come.


ENDNOTES

[1] In the performance of his functions under the Constitution and laws, the King is required mostly to act “on advice”, “in accordance with advice” or “after considering advice”: Federal Constitution, Articles 40(1) and 40(1A).

[2] Article 40(2).

[3] Each State has its own State Constitution.

[4] Article 38.

[5] The Sedition Act 1948; The Federal Constitution, Articles 10(4), 63(4), 63(5), 71, 72(4) and 72(5).

[6] Refer to constitutional amendments made to Articles 40(1A), 66, 181, 182, 183 and the Eighth Schedule in 1983, 1984, 1993 and 1994. 

[7] An incomplete list of such powers would be: appointment of a caretaker government under Article 43(2); refusal to follow the advice of the caretaker government on such issues as proclamation of emergency; dismissal of a PM if he loses confidence but refuses to resign as in the decided Nizar case; grant of honours; power of pardon; and refusing consent to unconstitutional legislation that disregards procedures in Articles 2(b), 38(4), 159(3), 159(5) and 161E.

[8] The definition of sedition includes any questioning of the royal institution. Even MPs, in the performance of their parliamentary functions, are subject to the law of sedition.

[9] Huzir Sulaiman, “Mahathir v The Malay Rulers”, Part III, The Malaysian Bar, malaysianbar.org.my, 4 May 2008. See also Matthias Ang, “Mahathir’s feud with M’sai’s royalty has lasted more than 35 years”, mothership.sg/2019/04/Mahathir-johor-sultan-feud-history/April 11, 2019. 

[10] In 1994, Article 66 was amended yet again to enable Parliament to bypass the King in the legislative process after 30 days if there was a delay or refusal of royal assent.

[11] Standard Chartered Bank v DYMM Tuanku Ja’afar, Yang Di Pertuan Besar Negeri Sembilan [2009] 6 AMR 350. 

[12] For earlier instances of royal assertiveness in the matter of appointment of the Chief Minister, see YAM Raja Azlan Shah, “The Role of Constitutional Rulers in Malaysia” in F.A. Trindade and H P Lee (Editors), The Constitution of Malaysia: Further Perspectives and Developments. Essays in Honour of Tun Mohamed Suffian, OUP, Singapore, 1986, pp. 76-91.

[13] The Sultan’s decision attracted great controversy because BN was the loser at the election but had gained a majority with the help of party hoppers. The royal decision was challenged in the courts which ultimately ruled that in determining the question as to who commands confidence, a vote in the Assembly is not necessary and the Sultan was entitled to take note of factors outside the Assembly: Dato’ Dr Zambry Abd Kadir v Dato Seri Ir Hj Mohammad Nizar Jamaluddin [2009] 4 AMR 569.

[14] The Sultans are constitutional heads of the religion of Islam and act on the advice of the State’s Council of Religion to aid and advise His Highness in all matters relating to religion. However, in practice, many Sultans are known to assert themselves in matters involving the Shariah. For example, in 2017, the Sultan of Johor forbade the Johor Islamic Religious Department from having any dealings with the federal Islamic authority, JAKIM.

[15] “Wan Azizah: Agong offered me PM post after GE14”, https://www.nst.com.my.2018/10

[16] G25, “Rulers’ powers to appoint, remove MB”, Malaysiakini.com/news/472379, April 15, 2019.

[17] PM Mahathir alleged that critics of the Statute aimed to trigger tensions between Malaysia’s monarchy and the Pakatan Harapan government. What is significant is that the capitulation by the Mahathir government was followed by an appreciation post from Sultan Ibrahim Iskandar, Sultan of Johor, who thanked the government for taking the views of the Conference of Rulers into account.

[18] It is not known whether anyone had a clear majority.

[19] See the Special Statement from the Istana Negara on 16 June 2021. This was followed by the King’s meeting on 30 June 2021 with the Speakers of the Lower and Upper House and a reiteration by the King to convene the Houses to debate the Emergency Proclamation and the Emergency Ordinances before 1 August 2021, in accordance with Article 150(3) which was being flouted by the Muhyiddin government.  

[20] The Proclamation of 11 January 2021 contained an unprecedented sunset clause to bring the emergency to an end on 1 August 2021. The Emergency (Essential Powers) Ordinance 2021 in section 2 appointed an Independent Special Committee to advise the King on the emergency. Sections 13 and 15 on Election and Sittings of the State Assemblies, conferred discretion on the King after consultation with the respective Ruler or the Governors. Assignment of such a role during an emergency to the State Rulers was unprecedented in Malaysian history.    

[21] Istana Negara issued a strongly worded admonition on the Government’s claim that as the King is bound by advice, the Ordinances had been annulled by a decision of the Cabinet.

[22] This may well be within the powers of the Conference of Rulers under Article 38(2) “to deliberate on questions of national policy… and any other matter that it thinks fit”.

[23] “Seeking Royal Assent for Plans for a Better Malaysia”, www.thevibes.com, 25 Nov 2021. 

[24] On 16 June 2021 the Conference of Rulers issued a Press Release to advise against the extension of the nationwide emergency after its expiry on 1 August 2021. 

[25] It is notable that this function is non-discretionary because the King, the Rulers and the Governors are to be accompanied by the Prime minister and the Chief Ministers and are bound by any advice tendered: Article 38(3). Further, the views of the Conference are not binding on the federal government.

[26] According to the Fifth Schedule, the Conference consists of the Malay Rulers plus the Governors of Melaka, Penang, Sabah and Sarawak. However, the Governors are excluded from the Conference for some matters, such as the election of the King: Fifth Schedule, Item 7. 

[27] Clive Kessler, in an unpublished letter, observes that “the idea of Malay royal power at the head of an increasingly Islamic state is central to Malaysian politics today. It has enormous mobilizing power among the dominant yet resentful political majority with the mindset and resulting fears of a threatened minority”. 

[28] Article 34(3) of the Federal Constitution stipulates that “the Yang di-Pertuan Agong shall not actively engage in any commercial enterprise”. There is no corresponding provision in any of the nine State Constitutions with Malay Rulers. However, on July 4, 1992, six out of nine Rulers signed a “Proclamation of Constitutional Principles” which in Proclamation 6.1 declares that “We shall not actively engage in any commercial enterprise except by way of Trust”. Proclamation 6.2 states that “His Royal Highness the Regent may through Trustees/nominees participate in any commercial enterprise” (Malaysianow.com, Jul 1, 2021). The Sultans of Johor, Kedah and Kelantan did not sign. Under the Fifth Schedule, Paragraph 8, the Conference decides by a majority. For further analysis see: Lim Teck Lee, Royalty and Business in Southeast Asia, 1991, Journal of Southeast Asia Business, Ann Arbor, Mich, Vol 7, 1991p. 79-87; Anuradha Raghu, Stuart Grudgings, “Once Reined in, Malaysia’s Royals Flex Political Muscle”, reuters.com/article/us-malaysia-sultans Oct 6, 2014; “Johor Sultan Defends Businesses, says can’t depend on RM 27,000 monthly allowance”, Malaymail.com/news/Malaysia/2015/03/18; azlyrahman-post.blogspot.com/2014/06.

[29] It is common knowledge that federal Shariah authorities often issue fatwas (religious rulings) which are unconstitutionally imported into the working of the State Shariah administration. Additionally, State religious authorities often issue fatwas even before the fatwa is approved by the Malay Ruler. In a host of political, religious or administrative decisions touching on Islam, the Malay Sultans are occasionally presented with a fait accompli rather than being consulted before hand. Among these actions are: advice to the Home Ministry to ban books; raids on churches to seize books or to stop proselytization activities; location of places of worship of other religions; arrest of people at forums and other intellectual occasions because of lack of accreditation through a tauliah; defiance of civil court orders in hybrid cases where federal-state jurisdictions clash. As these decisions are made in the name of Islam, they reflect on the administration of justice in Islam and the wisdom and sense of fair play of the Head of the Religion in the State.

[30] The phrase was recently used by Prof Andrew Harding at a seminar organized by the University of Malaya: “Does the Constitution Matter? Lessons from the Malaysian Constitution During Times of Crisis”, 11 Dec. 2021 https://forms.gle/8dkHdjHC3qmelLVJG9.

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
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Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2022/17 “Southeast Asia Holds Mixed Perceptions of the Biden Administration” by Hoang Thi Ha

 

Southeast Asia occupies an important place in the Biden administration’s Asia policy, as reflected in the latest iteration of its Indo-Pacific Strategy released in February 2022. Photo taken on 18 February 2022 by Jim Watson, AFP.

EXECUTIVE SUMMARY

  • The State of Southeast Asia 2022 indicates that Southeast Asians have put more trust in the US under the Biden administration but that the level of trust is uneven among different countries.
  • While Southeast Asians positively acknowledge the Biden administration’s efforts to reinvigorate American leadership in global governance, they are more demanding and critical about US engagement with their respective countries and the whole region.
  • Southeast Asians look forward to more substantive and impactful actions by the US that should go beyond diplomatic visits or policy statements, especially in deepening economic relations and delivering solutions to the region’s pressing challenges.
  • There is a correlation between the Biden administration’s differentiated approach to Southeast Asian countries and their respective trust in the US – the more Washington invests in a bilateral relationship, the more American influence tends to be welcomed and trusted by that particular country.
  • While US prioritisation of some major Southeast Asian states makes sense from a ‘return on investment’ point of view, its neglect of smaller states on the region threatens to leave Southeast Asia even more strategically incoherent and ASEAN more divided.

* Hoang Thi Ha is Fellow and Co-coordinator of the Regional Strategic and Political Studies Programme at the ISEAS – Yusof Ishak Institute.

ISEAS Perspective 2022/17, 23 February 2022

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INTRODUCTION

Southeast Asia occupies an important place in the Biden administration’s Asia policy, as reflected in the latest iteration of its Indo-Pacific Strategy released in February 2022.[1] After a lull in the first six months of 2021, the US has actively re-engaged the region with a series of high-level visits as well as virtual summits and policy speeches on the region, substantial vaccine donations and a standing invitation to an ASEAN-US special summit in Washington D.C.[2] Have these diplomatic efforts paid off in terms of Southeast Asian states’ recognition of and trust in America and its regional commitments? The 2022 State of Southeast Asia (SSEA) survey – a barometer of Southeast Asian foreign policy elites’ strategic thinking – shows mixed results.[3] Drawing on the survey findings, this article examines the change and continuity in Southeast Asians’ perceptions of the US, and how the Biden administration’s engagement with Southeast Asia in its first year has interacted with and influenced such perceptions.

MIXED PERCEPTIONS OF THE US

Downbeat about US regional engagement

Many Southeast Asians were already hopeful about the Biden administration even before it took office. In the 2021 SSEA survey – which was conducted after Biden’s victory in the 2020 US presidential election – 60.3% of the respondents indicated that their confidence in Washington as a strategic partner and regional security provider would improve if there was a change in US leadership. The 2022 survey results, however, indicate that such enthusiasm has since tapered off and the positive trajectory of the ‘Biden effect’ is not completely linear in Southeast Asia. Despite a flurry of US diplomatic activities in the latter half of 2021, Southeast Asians are not fully convinced that the US is really back in the region. The share of respondents who think that US engagement with the region under Biden has increased dropped sharply from last year’s 70.6% to 45.8%. Meanwhile, 21.7% of the respondents are sceptical about the level of US engagement with the region in Biden’s first year, a considerable increase from 5.9% in 2021. Only in Vietnam is there increased optimism about US regional engagement (52.8%, up from last year’s 42.9%).

Likewise, the number of respondents having little/no confidence in the US as a strategic partner and regional security provider has increased from last year’s 25.2% to 32.8%; only 42.6% still registered their confidence, down from last year’s 54.7%. The country that exhibits the least confidence is Brunei (49.1%), followed by Laos (38.7%), Cambodia (37.1%), Indonesia (36.6%) and Thailand (35.1%). Surprisingly, Myanmar respondents (61.2%) are the most confident in the US as the region’s security guarantor, a sentiment that is heavily influenced by their frustration with Myanmar’s ongoing political crisis. This prevailing anti-China and pro-Western sentiment among Myanmar respondents is also reflected in other survey answers, breaking from their usual ambivalence in previous surveys. The significant increase in America’s favourability among Myanmar respondents – and the dramatic drop in China’s favourability accordingly – helped offset US losses in other countries. The US’ overall trust ratings (the average number of all ten ASEAN member states) therefore benefitted from the ‘Myanmar factor’ in this year’s survey.

Upbeat about US global leadership

Despite their downbeat mood about US engagement at the regional level, Southeast Asians’ confidence in America’s global leadership to uphold international law and the rules-based order surged from last year’s 24.5% to 36.6%. This optimism also extends to US leadership in championing the global free trade agenda, up from 19.7% to 30.1%, despite the US’ continued absence from the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and the Biden administration’s lacklustre trade agenda in general. These figures provide cautious reason to believe that Biden’s ‘Build Back Better’ brand that seeks to reassert American leadership on global issues – from pandemic response to climate change – has found strong resonance in the region. With this, the US has recovered from the low base set by the Trump administration’s four-year serial bashing of global multilateral organisations from the World Trade Organisation to the World Health Organisation.

Washington continues to fare well in the survey’s trust-defining question, namely “How confident are you that the US will do the right thing to contribute to global peace, security, prosperity, and governance?”. 52.8% of the respondents across the region express confidence in the US in this respect, up from last year’s 47%. With this, the US has taken over the EU to become the second most trusted major power in the region, after only Japan. Again, this is a positive acknowledgement of the Biden administration’s efforts to return to international institutions and reinvigorate its leadership in global governance.

America’s vast economic resources and political will to provide global leadership remains the most important reason for Southeast Asians to put their trust in Washington (45.5%). Meanwhile, the concern that Washington is distracted with its internal affairs and thus cannot focus on global concerns/issues continues to be the prevailing reason for distrust (36.7%). It appears that American power under Biden is perceived as more benign, compared to the previous surveys which were undertaken during the Trump presidency. There are slight increases in the trust reasons related to American soft power (the US being a responsible stakeholder and champion of international law, compatibility of political culture and worldview, and US culture and civilisation). The share of respondents who are concerned that US economic and military power could be used to threaten their country’s interests and sovereignty has gone down from last year’s 27.6% to 23.5%.

The binary choice: Still the US, but…

Washington can also take comfort in the choice by 57% of all Southeast Asian respondents to align with the US rather than China if they were forced to choose. The reservoir of trust in America remains resilient and robust despite perceptions of China’s predominant influence in the region. The majority of Lao and Bruneian respondents keep to their choice of China, as was the case in last year’s survey while the US remains the choice for Malaysia, Indonesia, the Philippines, Singapore, Thailand and Vietnam.

Myanmar and Cambodia are two ‘swing states’ this year as the majority of their respective respondents ‘switch(ed) camps’ in dramatic ways. This year, 92% of Myanmar respondents choose the US while 81.5% of Cambodia choose China. The political turmoil in Myanmar following the February 2021 coup d’état by the military has driven anti-China and pro-US sentiments among the Myanmar people as Beijing is seen as propping up the junta regime. For Cambodia, the strong recognition of Chinese vaccine support – which helped the country successfully contain the pandemic in 2021 – has significantly improved China’s trust ratings among Cambodian respondents. This demonstrates that ‘shock events’ involving domestic politics and foreign intervention/assistance can significantly sway local populations’ perceptions of major powers.

The Dichotomy of Economics and Security in US Regional Engagement

There is a slight increase in the recognition of American economic influence, with 9.8% of the respondents thinking that the US is the most influential economic power in the region. This is up from last year’s 6.6%. This modest increase, however, has had negligible effect on the solid standing of China which is chosen by 76.7% of the respondents as the most influential economic power – an impressive track record that China has maintained since the first survey edition in 2019. The problem is, while Southeast Asia is very welcoming of US economic influence,[4] the Biden administration has not been forthcoming about its economic agenda for the region.

The Achilles heel of the US’ Southeast Asia policy, and its Asia policy in general, remains the lack of a robust framework to deepen its economic integration and reclaim its leadership in the regional economic governance. Meanwhile, China’s centrality in the regional trade and investment networks continues to take root, especially with the entry into force of the Regional Comprehensive Economic Partnership (RCEP) in January 2022 and Beijing’s application to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP). According to the Asia Power Index 2021, the US’ score in terms of ‘economic relationships’ dropped to 51.1 from 61.8 in 2020, well behind China’s 99.[5] As the Biden administration remains aloof from the CPTPP, a majority of respondents (46.8%) believe that China would fill the void left by the US and this would mean a rise in China’s regional influence. Almost a quarter of respondents (23.2%) are also concerned that this may lead to rising tensions in the region as the US shifts its focus of engagement from inclusive trade deals to exclusive security pacts such as the Quad and AUKUS.

The above anxiety about Washington’s focus on hard balancing through minilateral coalitions, hence its neglect of ASEAN centrality, is palpable as the respondents assess the impact of AUKUS on regional security. Negative perceptions of AUKUS – a combination of three options (i) AUKUS will undermine ASEAN centrality; (ii) AUKUS will undermine the nuclear weapons non-proliferation regime; and (iii) AUKUS will escalate the regional arms race – account for 52.8% of all respondents across the region. Meanwhile, 36.4% think that AUKUS will help counterbalance China’s growing military power, while 10.8% do not expect it to affect the regional balance of power. Interestingly, country-specific responses remarkably mirror the disparate and divergent views as officially expressed by their respective governments about the trilateral defence pact.[6] Negative views of AUKUS are most prevalent in Laos (77.3%), followed by Malaysia (62.2%), Indonesia (61.1%) and Brunei, Cambodia and Thailand (approximately 60%). Meanwhile, the expectation that AUKUS will help counterbalance China’s growing military power is high among respondents from Myanmar (63.7%),[7] the Philippines (60%), Singapore (50.9%) and Vietnam (46.5%).

Southeast Asians in general welcome and appreciate the Biden administration’s focus on providing support to regional countries in addressing global challenges. 58.5% of respondents agree/strongly agree that the emergent positive agenda of the Quad in tangible areas like vaccine security and climate change is positive and reassuring for Southeast Asia. The US’s prioritisation of Southeast Asia in its global Covid-19 vaccine support – via both bilateral donations and through the COVID-19 Vaccines Global Access (COVAX) facility[8] – is well recognised in the region. In the 2021 survey, Washington was ranked 4th among the Dialogue Partners that provided the most Covid-19 response assistance to Southeast Asia. In 2022, it came second, after only China, in terms of Covid-19 vaccine support for the region. American vaccine brands, namely Pfizer and Moderna, are also the most popular among Southeast Asians, with the approval rating of 54.8%, far ahead of second-placed Chinese-made Sinovac and Sinopharm (18.7%).

MIND THE GAPS: AMERICAS DIFFRENTIATED APPROACH TO SOUTHEAST ASIAN COUNTRIES

The US’ 2022 Indo-Pacific Strategy lists the Philippines and Thailand among five regional treaty allies, and Indonesia, Malaysia, Singapore and Vietnam among leading regional partners, with whom Washington will seek to deepen and strengthen relationships.[9] However, compared to Northeast Asia or Europe, the line between Southeast Asian ‘allies’ and ‘partners’ in terms of their strategic significance to America as well as US strategic investments in respective bilateral ties is much more blurred. There is no common threat perception between America and its Southeast Asian treaty allies, and all Southeast Asian states are hedging – to different degrees – in cultivating their relationships with both Washington and Beijing.

As US-China rivalry intensifies, Southeast Asian states’ strategic value to Washington is largely judged against their degrees of support for American military access to and presence in the region. As noted by Bilahari Kausikan, “the nature of US engagements will be decided on the basis of cold calculations of American national interests more narrowly defined. Allies, partners and friends will be expected to contribute more to the burdens of meeting common challenges, primarily, although not exclusively, with regard to China.”[10] The Philippines, Singapore and Vietnam are perceived to be more forward-leaning in this respect,[11] and they also appear to be on top of the Biden administration’s Southeast Asia agenda in 2021. Early diplomatic outreach activities by the Biden administration towards the region were focused on these countries, especially in the two consecutive months of July and August with the visits by US Secretary of Defence Lloyd Austin and Vice President Kamala Harris.

The focus on the Philippines, Singapore and Vietnam – especially at the time of the above US high-level visits – created some angst among Indonesian, Malaysian and Thai observers and policymakers that their countries were being left out.[12] The December 2021 visit by Secretary of State Antony Blinken (the Thailand leg was cancelled at the last minute due to a Covid-19 case in Blinken’s entourage) was meant to send re-assuring messages to these countries. The 2022 survey, however, suggests that Indonesian, Malaysian and Thai respondents are not yet convinced of US commitment and credibility. Meanwhile, the US enjoys generally higher trust ratings among Philippine, Singaporean and Vietnamese respondents. For example:

  • On the trust-defining question regarding the confidence in the US to do the right thing to contribute to global peace, security, prosperity, and governance, the levels of confidence in Indonesia (46.6%), Malaysia (53.3%) and Thailand (53.9%) are lower than those in Singapore (55.4%), the Philippines (66.5%) and Vietnam (72.2%).
  • On the binary choice question, while all these six countries remain aligned with the US, Washington enjoys considerably higher percentages in the Philippines (83.5%), Singapore (77.9%) and Vietnam (73.6%) than in Indonesia (55.7%), Malaysia (57%) and Thailand (57.3%).
  • On the Covid-19 vaccine support question, the highest levels of recognition of US support are found among respondents from Vietnam (52.8%), the Philippines (40.8%) and Singapore (40.1%). Together with Vietnam and the Philippines, Indonesia is among the top five recipients of US vaccine donations globally, but 80% of its total vaccine supplies are of Chinese-made Sinovac.[13] Recognition of US vaccine support is quite low among Indonesian (13.7%), Malaysian (18.5%) and Thai (25.6%) respondents, which stands in contrast to their high appreciation of Chinese vaccine support, at 68.7%, 64.4% and 64.1% respectively.

At the lower rung of American priorities in Southeast Asia are smaller states, namely Brunei, Cambodia and Laos (the case of Myanmar is different since the US has cut off official engagements with the military regime since the coup). No cabinet member of the Biden government visited Brunei and Cambodia in 2021 despite the two countries being the incumbent and incoming ASEAN Chair.[14] Laos is almost completely under the radar except for the US’ donation of a million Covid-19 vaccine doses to the country.[15]

Washington’s inattention to these smaller states is matched by the latter’s disenchantment with US engagement and their embrace of Chinese influence accordingly. The 2022 survey indicates Cambodia and Laos’s growing support for Chinese influence compared to previous years. These two countries registered the highest levels of recognition of Chinese vaccine assistance (91.4% and 77.3%), of alignment with China if a binary choice has to be made (81.5% and 81.8%), of confidence in China to act as a status quo power and to continue to support the existing regional order (25.9% and 20.5%), and of optimism about their respective bilateral relations with China in the next three years (84% and 84.1%). Brunei comes quite close to Cambodia and Laos in terms of alignment with China and its trust in the US has seen a sharp decrease in many questions. For example, Brunei’s confidence in the US “as a strategic partner and regional security provider” fell dramatically from last year’s 60.6% to 26.4%, and its confidence in the US to ‘do the right thing’ is at its lowest level (30.2%) since 2019.

Washington’s prioritisation of some major Southeast Asian states makes sense from a ‘return on investment’ point of view. Analyst Derek Grossman perceptively observed that the US may have concluded that “Laos and Cambodia are so firmly entrenched in Beijing’s orbit that time and resources would be better spent on countries in the region that are more receptive to and helpful in strategic competition.”[16] Adopting this approach, however, is not without strategic cost for the US and the whole region, because the neglect of smaller states will leave Southeast Asia even more incoherent and ASEAN more divided. This imminent reality does not measure up to the US Indo-Pacific Strategy’s latest affirmation that Washington “welcomes a strong and independent ASEAN that leads in Southeast Asia”.[17]

CONCLUSION

The Biden administration’s record in Southeast Asia in its first year has been assessed to be “mixed, though generally positive”.[18] On their part, Southeast Asian countries’ reception towards the US has also been mixed, though generally positive, as shown by the 2022 survey results. While Southeast Asians well acknowledge the administration’s efforts to return to international institutions and reinvigorate American global leadership, they are more demanding and critical when it comes to US engagement with their respective countries and with the whole region. They are looking forward to more substantive and impactful actions by the US that should go beyond diplomatic visits or policy statements to anchor American presence and influence in Southeast Asia, especially in deepening economic relations and delivering solutions to the region’s pressing challenges.


ENDNOTES

[1] See The Indo-Pacific Strategy of the United States, The White House, February 2022, https://www.whitehouse.gov/wp-content/uploads/2022/02/U.S.-Indo-Pacific-Strategy.pdf. The word “Southeast Asia” appears ten times and the word “ASEAN” 18 times in the document, more than references to any other sub-regions in the Indo-Pacific.

[2] Hoang Thi Ha and Ian Storey, “The Biden Administration and Southeast Asia: One Year in Review”, ISEAS Perspective, 2022/11, 11 February 2022, /articles-commentaries/iseas-perspective/2022-11-the-biden-administration-and-southeast-asia-one-year-in-review-by-hoang-thi-ha-and-ian-storey/.

[3] Seah, S. et al., The State of Southeast Asia: 2022 (Singapore: ISEAS-Yusof Ishak Institute, 2022), /wp-content/uploads/2022/01/The-State-of-SEA-2022_FA_Digital-Final.pdf. In the 2022 edition, the survey authors apply a different methodology that assigns a 10% weighted average to each country’s responses to calculate the average figures for ASEAN as a whole. They also apply the same weighted average method to the 2021 data for the questions that require trend analysis so that comparative analysis can be done.

[4] See Question 15 of the 2022 SSEA survey: 68.1% of respondents who choose the US as the most influential economic power welcome American economic influence in the region. In contrast, 64.4% of respondents choosing China as the most influential economic power worry about Chinese economic influence.

[5] Lowy Institute’s Asia Power Index 2021, https://power.lowyinstitute.org/countries/united-states/.

[6] Ian Storey and William Choong, “Southeast Asian Responses to AUKUS: Arms Racing, Non-Proliferation and Regional Stability”, ISEAS Perspective, 2021/134, 14 October 2021, /articles-commentaries/iseas-perspective/2021-134-southeast-asian-responses-to-aukus-arms-racing-non-proliferation-and-regional-stability-by-william-choong-and-ian-storey/.

[7] The political turmoil in Myanmar following the February 2021 coup d’état has driven strong anti-China and pro-US sentiments among the Myanmar people, which heavily influenced the choice of the US over China by most Myanmar respondents to many questions in the survey.

[8] Hoang Thi Ha and Ian Storey, op. cit.

[9] The Indo-Pacific Strategy of the United States, op. cit.

[10] Bilahari Kausikan, “Aukus submarine deal signals new Indo-Pacific balance of power”, The Straits Times, 22 September 2021, https://www.straitstimes.com/opinion/aukus-submarine-deal-signals-new-indo-pacific-balance-of-power.

[11] The Philippines, Singapore and Vietnam’s higher strategic comfort with American military presence in the region is demonstrated in their relatively positive responses to AUKUS – compared to Malaysia and Indonesia’s publicly negative reactions and Thailand’s total silence. The 2022 SSEA survey (Question 21 on the impact of AUKUS on regional security) also suggests that more respondents from the Philippines, Singapore and Vietnam appreciate the hard balancing value of AUKUS in constraining China’s military power.

[12] See Toru Takahashi, “Subtle threat to ASEAN: US indifference to Indonesia and Thailand”, Nikkei Asia, 11 August 2021, https://asia.nikkei.com/Politics/International-relations/Biden-s-Asia-policy/Subtle-threat-to-ASEAN-US-indifference-to-Indonesia-and-Thailand; Editorial Board, “Snubbed again, Joe?”, The Jakarta Post, 3 August 2021, https://www.thejakartapost.com/academia/2021/08/02/snubbed-again-joe.html; Cheng-Chwee Kuik and Abdul Razak Ahmad, “Malaysia’s Resilient (but Ambiguous) Partnership with the United States: The Dilemmas of Smaller States in the Indo-Pacific Era”, Asia Policy, Volume 16, Number 4 (October 2021), pp. 86-95, https://www.nbr.org/publication/can-america-come-back-prospects-for-u-s-southeast-asia-relations-under-the-biden-administration/.

[13] See “U.S. International COVID-19 Vaccine Donations Tracker – Updated as of 31 January 2022”, KFF, 31 January 2022, https://www.kff.org/coronavirus-covid-19/issue-brief/u-s-internationalcovid-19-vaccine-donations-tracker/#recipient-country; “COVID-19 Vaccines Donated by the Chinese Government to the Indonesian Government Arrives in Indonesia”, website of the People’s Republic of China to the Republic of INdonesia, 27 September 2021, https://www.mfa.gov.cn/ce/ceindo//eng/sgdt/t1910003.htm.

[14] The most senior official of the Biden government that has visited Cambodia is Deputy Secretary of State Wendy Sherman (June 2021); and US Secretary of State Antony Blinken met Brunei’s Second Foreign Minister Dato Erywan Yusof on the sidelines of the G7 Foreign Ministerial in London (May 2021).

[15] “United States Hands Over More than One Million Doses of COVID-19 Vaccines Donated Through the COVAX Facility to Lao PDR”, UNICEF website, 19 July 2021, https://www.unicef.org/laos/press-releases/united-states-hands-over-more-one-million-doses-covid-19-vaccines-donated-through.

[16] Derek Grossman, “Time for America to Play Offense in China’s Backyard”, Foreign Policy, 12 January 2022, https://foreignpolicy.com/2022/01/12/biden-cambodia-laos-southeast-asia-strategy-geopolitics/.        

[17] The Indo-Pacific Strategy of the United States, op. cit.

[18] Hoang Thi Ha and Ian Storey, op. cit.

ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /supportISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).