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4. Build the capacity of. ASEAN members to meet the requirements of Port State
Measure and Flag State Responsibilities; and
5. Implement the ASEAN Guidelines for Preventing the Entry of Fish and Fisheries
Products from IUU Fishing Activities into the Supply Chain.
ASEAN’s Plan of Action for cooperation on fisheries serves as a mechanism in which
Indonesia’s policy of sinking IUU fishing boats can be discussed. Given the norms of
the ASEAN Way, there is no enforcement mechanism. Therefore, Indonesia’s policy of
sinking IUU fishing boats will remain a bilateral matter between the states directly
concerned.
The crux of the matter is that Vietnamese fishing grounds off its central coast have
been both over fished and polluted. This has driven Vietnamese fishermen further
south into contested waters.
Indonesia and Vietnam have an agreement demarcating their respective continental
shelves but they do not have an agreement demarcating the maritime boundary.
According to a report to the 10th International South China Sea Conference hosted by
the Diplomatic Academy of Vietnam last year, fishing boats from Vietnam constituted
the largest number of IUU boats in Indonesian waters.
The recent incident when two Vietnamese Coast Guard vessels were involved in the
ramming of an Indonesian Navy ship in order to prevent it from arresting a Vietnamese
IUU fishing boat was a dangerous and irresponsible incident and a violation of the
1972 International Regulations for Preventing Collisions at Sea (COLREG).
Indonesia and Vietnam are responsible members of ASEAN and they are both strategic
partners. The two sides should follow the UN Convention on the Law of the Sea and
agree to a demarcation of their maritime boundary and in the interim adopt measures
of a practical nature to prevent the dispute from escalating. Vietnam and Indonesia
need to identify disputed maritime areas and without prejudice to their maritime
claims agree on how to manage disputes in this area. Both sides should refrain from
provoking collisions at sea. And both sides should agree on the humane treatment of
fishermen who are detained, an expeditious resolution of any incident, and the
prompt return of any fishing boat and its crew that has been apprehended.