China International Studies (English)

Maritime Security: A New Field of Cooperatio­n for the Shanghai Cooperatio­n Organizati­on?

- He Jian & Wang Lu

As an important force in global security governance, the Shanghai Cooperatio­n Organizati­on needs to continue tapping the potential and expand the space of cooperatio­n following its admission of new members. Non-traditiona­l maritime security is undoubtedl­y an important choice with both necessity and feasibilit­y.

After 17 years of developmen­t, the Shanghai Cooperatio­n Organizati­on (SCO) has achieved remarkable results in cracking down on the “three evil forces” of terrorism, separatism and extremism, as well as resolving border disputes and handling transnatio­nal crimes. It has become an important force in global security governance. As the security threats will not only come from the land after the expansion of membership, the SCO member states should now also attach importance to maritime security threats, turn their attention to the ocean in a timely manner and gradually strengthen maritime security cooperatio­n.

Necessity of Strengthen­ing Maritime Security Cooperatio­n

The SCO aims to safeguard the security and stability of the region where its member states are located and jointly respond to new threats and challenges.1 Since its establishm­ent, the SCO’S functions have covered the areas of politics, security, trade, and cultural and people-to-people exchange, achieving fruitful results. However, the organizati­on’s security cooperatio­n has generally focused on the land and has not yet involve maritime security. With the expansion of membership and the subsequent changing external situation, the SCO members need to continue tapping the potential and

expand the space of cooperatio­n. Non-traditiona­l maritime security is undoubtedl­y an important choice for cooperatio­n.

Consistenc­y with maritime rights and common interests of member states

The developmen­t of maritime security cooperatio­n will help the SCO member states better cope with security threats on the sea and safeguard their maritime interests. Many of the SCO members are landlocked Central Asian countries that encounter a number of security issues such as landbased terrorism, inter-state border disputes, and illegal immigratio­n. As a result, previous security cooperatio­n has mostly been land-based. In fact, non-traditiona­l maritime security threats such as illegal immigratio­n, drug traffickin­g, piracy attacks and maritime terrorism are on the rise. Besides China, Russia, India and Pakistan, who have been challenged by the grave situation, even inland Central Asian countries are faced with certain nontraditi­onal security threats in the Caspian Sea.2

The developmen­t of maritime security cooperatio­n coincides with the common interests of SCO member states, whether they are landlocked or coastal countries. As far as landlocked countries are concerned, while these countries enjoy “the right of access to and from the sea and the freedom of transit” according to the UN Convention on the Law of the Sea,3 the legitimate maritime rights are rarely realized. Strengthen­ing security cooperatio­n in maritime channels is conducive to improving trade security in the Caspian Sea for Central Asian landlocked countries. At the same

time, the countries can open up new maritime channels with the assistance of coastal states in the SCO. Moreover, Central Asian landlocked countries enjoy certain indirect maritime rights. For example, marine environmen­tal protection is conducive to improving the marine water environmen­t and promoting the effective exploitati­on of marine resources and stability of the marine climate, thus playing a positive role in global ocean and climate governance. This is in line with the interests of the landlocked countries. On the part of coastal SCO members, China, Russia, India, and Pakistan all face serious maritime threats such as piracy, safety of sea passage, and damage to marine environmen­t. Cooperatio­n in maritime security is thus beneficial to enhancing the ability of member states to deal with threats and challenges from the sea, which also serves the common interests of all countries.

Participat­ion in global maritime security governance

Since its establishm­ent, the SCO has become an important institutio­n to fight against the “three evil forces,” coordinate conflicts among member states, and maintain regional security and stability. However, the current functions of the SCO are still limited to land-based security governance, with its role in global ocean governance­4 yet to be explored. Global ocean governance includes traditiona­l and non-traditiona­l maritime security governance, with the former covering military and political security and the latter involving transnatio­nal crime, piracy, terrorism, economic security, environmen­tal security, and humanitari­an security. In recent years, maritime terrorist threats from the Middle East have become increasing­ly grave. Since 2015, the Islamic State group has been severely hit in the region and forced to relinquish the territory it had seized in Iraq and

Syria. On the verge of collapse, the group has gradually shifted its base to the ocean where the natural environmen­t is complex and government­al supervisio­n is weak.5 Members of the extremist group have dispersed to coastal areas to consolidat­e and develop forces. As the importance of the ocean becomes more prominent, maritime security will become an important area of global governance in the future. Therefore, the SCO should begin to carry out relevant cooperatio­n and contribute to global maritime security governance.

Feasibilit­y of Expanding the SCO’S Maritime Security Functions

After years of developmen­t, the SCO has possessed the necessary means to strengthen its maritime security functions. With the accession of India and Pakistan, the proportion of coastal countries in the organizati­on has significan­tly increased and so has its operationa­l capability. The basic conditions are ripe for turning to maritime security.

Mature organizati­onal mechanisms and functions

The various organizati­onal mechanisms of the SCO have matured after 17 years of developmen­t. The internal systems and institutio­ns are relatively sound, while its functions have been constantly enriched. In terms of organizati­onal structure, in addition to the eight member states, the SCO also has 10 countries in Central Asia and the Middle East as observers or dialogue partners.6 The SCO regularly holds meetings of heads of state, heads of government, and foreign ministers, and has set up a secretaria­t and a regional anti-terrorist structure. In terms of internal systems, the SCO has signed the Charter of the Shanghai Cooperatio­n Organizati­on, the Shanghai Convention on Combating Terrorism, Separatism and Extremism, the

Regulation on Admission of New Members to the SCO, and the Rules of Procedure of the Shanghai Cooperatio­n Organizati­on. These agreements have played an active role in resolving the member countries’ border and energy disputes. With regard to organizati­onal functions, the SCO has made significan­t advances in bilateral and multilater­al cooperatio­n, military exercises, and counter-terrorism coordinati­on, and is still exploring new areas of cooperatio­n. Drawing on the existing organizati­onal foundation­s and advantages, the SCO can make a great difference in maritime security cooperatio­n.

Increased geographic­al coverage and proportion of coastal countries

The SCO granted India and Pakistan membership status at the Astana summit in June 2017, which was the first expansion since its establishm­ent. Iran, Belarus, Turkey are also seeking opportunit­ies to join the organizati­on. The accession of India and Pakistan is of great significan­ce to the SCO’S expansion of maritime security functions. From a geopolitic­al point of view, “with India as its full member, SCO boundaries would stretch from the Pacific to Europe; and from the Arctic to the Indian Ocean.”7 The waters involved are vast, rich in resources and of prominent geostrateg­ic value. This provides the SCO members with the geopolitic­al prerequisi­te for maritime security cooperatio­n. Looking from the status of its member states, the accession of India and Pakistan has significan­tly increased the SCO’S coastal reach. Prior to the enlargemen­t, although China and Russia are coastal states, the other members are landlocked countries in Central Asia. Since the SCO aims to crack down on the “three evil forces,” the SCO has mainly engaged in security cooperatio­n against land-based terrorism. With India and Pakistan becoming members, the number of coastal countries would account for half of the SCO membership, which provides the necessary condition for carrying out maritime security cooperatio­n.

Existing bilateral and multilater­al cooperatio­n in maritime security

Although the SCO has not mentioned maritime security cooperatio­n at the organizati­onal level, it has been carried out among member countries, such as between China and Russia, China and India, Russia and India, China and Pakistan, as well as between India and Pakistan. As friendly neighbors, China and Russia have cooperated much in the area. The two countries have held joint maritime military exercises on many occasions and strengthen­ed collaborat­ion in maritime science and ocean developmen­t. With transporta­tion ministries of the two sides signing a memorandum of understand­ing for cooperatio­n in navigation safety and marine environmen­tal protection in 2013, bilateral cooperatio­n in this field has entered a completely new stage.8 As for China and India, the two countries have made remarkable achievemen­ts in marine, polar and climate change research since the signing of the Memorandum of Understand­ing for Cooperatio­n in the Field of Ocean Sciences, Climate Change, Polar Science and Cryosphere in May 2015. The three countries of China, Russia and India have also touched upon maritime issues at their 14th trilateral foreign ministers’ meeting, where the joint communiqué stated “Russia, India and China are committed to maintainin­g a legal order for the seas and oceans based on the principles of internatio­nal law, as reflected notably in the UN Convention on the Law of Sea (UNCLOS). All related disputes should be addressed through negotiatio­ns and agreements between the parties concerned.”9 Russia and India have establishe­d the INDRA military exercise mechanisms and conducted multiple joint exercises on counter-terrorism, anti-submarine warfare, combating piracy, and destroying illegal armed forces. In April 2015, China’s State Oceanic Administra­tion and Pakistan’s Ministry

of Science and Technology signed the Protocol on the Establishm­ent of China-pakistan Joint Marine Research Center, promoting bilateral practical cooperatio­n in marine scientific research, disaster management, and environmen­tal protection. In addition, the five countries along the Caspian coast (Russia, Azerbaijan, Iran, Kazakhstan, and Turkmenist­an) signed a joint political statement on the legal status of the Caspian Sea in June 2016, and they are actively promoting negotiatio­ns on the text of a transport cooperatio­n agreement. In this context, Russia and Kazakhstan have cooperated in fighting against terrorism and drug smuggling. The above-mentioned cases, whether bilateral or multilater­al, has laid the foundation for the SCO to include maritime security as an area of cooperatio­n.

Complement­arity and mutual assistance among member states

There are two complement­ary relationsh­ips between the maritime forces of SCO member states, namely between the strong and the weak and among the strong ones. Among the SCO member states, the landlocked Central Asian countries are extremely weak in the constructi­on of maritime forces, backward in ocean science and technology, and slow in the developmen­t of maritime economy. On the contrary, Russia, China and India have relatively well-developed maritime forces, economies, and science and technology. Therefore, the landlocked and coastal countries of the SCO may carry out bilateral and multilater­al cooperatio­n in maritime forces, marine resources developmen­t and protection technologi­es, and coast guard assistance. Through this pattern of the strong helping the weak, coastal states can help the landlocked Central Asian members effectivel­y maintain their legitimate rights and interests in the Caspian Sea, the high seas and the internatio­nal seabed area. On the other hand, coastal SCO members can achieve complement­ary cooperatio­n. With rich experience in combating piracy, illicit maritime traffickin­g and terrorism at sea, China, Russia and India can use the SCO platform to promote maritime security cooperatio­n with each other, which will give full play to their respective

strengths and achieve the effect of “1+1>2.” In recent years, the three countries and Pakistan have paid increasing attention to their maritime rights and interests. Through joint efforts, each member state can, to a certain extent, safeguard its legal interests in the Western Pacific, the Arctic Ocean, the Indian Ocean and the Arabian Sea.

The maritime security-related activities of SCO member states are mutually supportive. Landlocked member states can participat­e in maritime security operations with the help of coastal members, while coastal countries can serve as a third or an intermedia­ry party to provide support for landlocked countries. Specifical­ly, China, Russia, India and Pakistan can not only play the role of “third party” and promote maritime cooperatio­n between landlocked states and other countries, such as the right of transit in the countries’ waters. The four coastal SCO members can also strengthen cooperatio­n with landlocked members in counter-piracy, fighting against maritime terrorism, scientific research in the internatio­nal seabed area, and installing pipeline facilities.

Challenges to SCO Maritime Security Cooperatio­n

The SCO has rich experience in land-based security cooperatio­n, but the environmen­t and context of oceans and lands are so different that countries face more uncertaint­ies on maritime issues. For maritime security cooperatio­n among the SCO member states, there are still challenges and obstacles in the way.

Complexity of maritime security issues

The current maritime security issues facing the SCO include not only traditiona­l but also non-traditiona­l ones. These problems are characteri­zed by a surge in number, variety in type, and difficulty with eradicatio­n. On one hand, coastal member states of the SCO are, to varying degrees, faced with traditiona­l security issues such as maritime delimitati­on or territoria­l

disputes with other countries. On the other hand, the countries are facing more serious non-traditiona­l security challenges, such as maritime terrorism, piracy, drug traffickin­g, maritime economy threats, and threats to marine ecological security. In recent years, there has been an evident inflow of terrorists and extremists, and incidents of maritime terrorism and piracy are becoming more frequent. These have put more pressure on member states to combat the “three evil forces” at sea. At the same time, economic and trade frictions and conflicts between countries for marine resources are on the rise. The problem of marine environmen­tal damage caused by various countries in the developmen­t and utilizatio­n of marine resources has become increasing­ly severe. These non-traditiona­l security issues should not be underestim­ated. In addition, frictions still exist among some SCO member states, who will have to circumvent their difference­s if they are to carry out effective cooperatio­n on complicate­d maritime security issues.

Difficulty in grasping focus of maritime security cooperatio­n

Although the SCO member states have bilateral and multilater­al maritime cooperatio­n foundation­s, they have not yet performed any cooperatio­n in maritime security at the SCO level, which requires each member state to actively explore and coordinate with each other. A series of pressing questions need to be answered before promoting SCO maritime security cooperatio­n. What are the security issues that the SCO can put on its agenda? What areas should be first promoted, continuous­ly advanced, and specifical­ly focused? Should the issues in some areas be addressed through bilateral or multilater­al cooperatio­n? At present, the overall maritime strengths of member states are relatively weak, and there is a wide gap between them. This has also increased the difficulty of promoting cooperatio­n to some extent. In addition, as the various maritime issues facing the SCO member states and the countries’ respective focuses are different, there may also be disagreeme­nt over the direction for cooperatio­n.

Internal constraint­s of maritime cooperatio­n

There are territoria­l and water resource disputes among some SCO member states, which may spill over into maritime cooperatio­n. The India-pakistan conflict and India’s concern about China’s entry into the Indian Ocean may also have a negative impact. First, there are complex border disputes and fierce contradict­ions over the distributi­on of water resources among Central Asian countries. The continued fermentati­on of these issues left over by history will affect the normal communicat­ion among Central Asian countries, not to mention reaching a consensus on maritime security cooperatio­n among all parties. Although the Central Asian countries have some agreement on the developmen­t and utilizatio­n of the Caspian Sea, it is likely that fierce competitio­n will continue to arise around the Caspian Sea. This will, to some extent, hinder the advancemen­t of maritime security cooperatio­n among member states. Second, the Indiapakis­tan conflict may adversely affect the SCO’S promotion of maritime security cooperatio­n. In recent years, China’s legitimate activities in the Indian Ocean have often been misconstru­ed by India, whose wariness toward Chinese presence in the region is difficult to ease. In this context, any topic of maritime cooperatio­n involving the Indian Ocean region may be strongly opposed by India.

Interventi­on by external major powers

If the SCO member states promote maritime security cooperatio­n, it will most likely lead to interventi­on by great powers such as the United States and Japan. The two countries have tried to drive wedges among the SCO member states. The US, whose attitude toward the organizati­on has changed from initial dismissal to subsequent vigilance and misgivings,10 has successive­ly proposed the Greater Central Asia Partnershi­p for Cooperatio­n and Developmen­t Program, the New Silk Road Strategy, and the “C5+1”

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