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1 INTRODUCTION

For thousands of years, the sea has been the source of

people's lives because it contains abundant natural

resources. Aside as a mean of transportation, sea

becomes the main media for global trade. 80% of

international goods trade transactions are carried out

at sea, and in most developing countries, the

proportion is even higher. (UNCTAD.org, 2021). That

is why the value of the sea as a transport mode is very

large. However, the great value and benefits of the sea

are inseparable from the many potential threats

arising from various types of crime like traditional

and non-traditional crime. Particularly, non-

traditional crimes are increasingly rampant along

with the acceleration of sea transportation. Piracy,

armed robbery, illegal trade, smuggling are non-

traditional crimes that cross national borders and pose

a threat to world maritime security.

The increasing prevalence of various transnational

threats has encouraged the formation of international

cooperation. By combining the resources and

capabilities of the state, security which tends to be

defined rigidly and limited in national scope can be

understood from a flexible and cooperative

perspective (Dabova, 2013). That today's non-

traditional security threats can no longer be handled

by one country alone due to the emergence of new

actors makes them also face the existing threats.

Although the nature and scale of involvement of these

actors depends on their motivation, capacity and

interests, their involvement can also be seen in terms

of effectiveness. Their participation could be

ineffective in overcoming the security problems but

otherwise can be considered successful in fulfilling

security needs and providing alternative in dealing

with security threats (Liss, 2013). The existence of a

common interest in combatting the maritime

ASEAN Maritime Security Cooperation

Rosnani

1,2

, D. Heryadi

, Y.M. Yani

& O. Sinaga

Universitas Bosowa, Selatan, Indonesia

Universitas Padjajaran, Bandung, Indonesia

ABSTRACT: The maritime environment has become a contested zone by many countries in the world. Despite

being an arena for competition, it also provides space for cooperation. This article will show how maritime

security concerns influence state decision to work jointly particularly in Southeast Asia Region that transform

their focus from low-political issue to maritime security. The author argues that ASEAN maritime security

cooperation is needed due to the significant change in political constellation that mainly related to maritime

security both traditional and non-traditional threats. Problems such as maritime terrorism, armed robbery,

piracy, and illegal trade activities grow rapidly and affect the international shipping security such as Malacca,

Singapore and Lombok Strait. Based on the data analysis, ASEAN should establish a comprehensive model of

cooperation on combatting various non-traditional crimes in its Region. Leadership and trust are essential to

establish stronger maritime security cooperation related to the security of sea routes in the Southeast Asian

Region.

http://www.transnav.eu

the International Journal

on Marine Navigation

and Safety of Sea Transportation

Volume 16

Number 3

September 2022

DOI: 10.12716/1001.16.03.01

414

transnational crime threat can lead to an interest

readjustment in various regions including the

Southeast Asia Region. Cooperation in the Southeast

Asian Region in the maritime environment does not

compromise the national interests of regional

countries in defending their maritime sovereignty.

Security cooperation in the Southeast Asia Region

has been going on for decades. Even though at the

beginning of formation, the members of ASEAN more

focus on economic, social and cultural development,

global dynamics and changes at the international level

have made security as important issue in ASEAN

cooperation. According to Thayer (2010), there are 4

primary patterns of security cooperation in Southeast

Asia: the first pattern includes multilateral protection

cooperation among external powers and every

Southeast Asian country that designed to cope with

particular security issues. The examples of this pattern

are The Five Forces Defense Arrangement (FPDA)

and Japan`s anti-piracy efforts. The second pattern is

defense and security cooperation led by United States

which cooperate with treaty allies, strategic partners,

and others in the Asia-Pacific region. The third

pattern targeted on multilateral efforts led by China.

This attempts tries to bind ASEAN security

cooperation shape with the main concern is on on

non-traditional security issues. The last pattern

includes ASEAN- centered multilateral efforts to

enhance security cooperation each amongst its

members and ASEAN Regional Forum members

(Thayer, 2010).

The Southeast Asian security environment can be

seen as a layer of the four security cooperation

patterns, including the regional maritime security

cooperation pattern. Discussions on maritime security

are often carried out with reference to threats that

apply in the maritime domain (Klein, 2011; Kraska &

Pedrozo, 2013). Southeast Asia is one of area that is

vulnerable to various maritime crimes. This area has 4

lanes out of 9 lanes of Sea Lines of Communication

(SLOCs) in the world and also links two oceans,

namely the Indian Ocean and the Pacific Ocean. That

is why the sea route in the Southeast Asia Region is

important for the flow of goods and energy

transportation along with the appearance of various

interests such as Japan, China, Australia and the

United States in this region. Increased sea trade

activities trigger the emergence of threat in which

since 2013 piracy and armed robbery are on the rise.

Various cooperative efforts have been carried out by

countries in the Southeast Asian Region to overcome

these crimes bilaterally, trilaterally and multilaterally.

ASEAN as an organization of countries in the region

has various cooperation mechanisms to overcome

crimes that threaten maritime security in the region.

2 NON-TRADITIONAL MARITIME THREATS

AND ASEAN MARITIME SECURITY

COOPERATION

The era of globalization has made national boundaries

irrelevant. Various actors emerged and placed

themselves in different roles at the international level.

The complexity of globalization then produce many

non-traditional threats that are increasingly cross-

border, particularly those taking place in the maritime

domain such as Transnational Organized Crime

(TOC) or transnational crime. Transnational criminal

groups operate across national boundaries and exist

in developed and underdeveloped countries in the

Asia-Pacific region. Even some of these groups are

more highly structured hierarchically or formally than

others like Yakuza in Japan. The TOC has about

86,000 gang members armed with heavy weapons,

such as hand grenades and anti-personnel mines

(Peou, 2010). TOC according to the United Nations

(UN) convention is defined as a structured group

formed for a certain period of time and commits one

or more serious crimes which are usually aimed at

obtaining profit or material either directly or

indirectly. The convention states several conditions

for an attack to be transnational if (Finckenauer &

Chin, 2007):

1. Take place in multiple countries.

2. The attack takes place in one country, but some

preparation, planning, direction and control, and

takes place in another country.

3. Occurs in one country, but involves organized

crime groups that commit criminal activity in

multiple countries

4. Take place in one country, but have a big impact on

other countries.

In addition, in terms of Non-Traditional Threats

that is perpetrated by transnational organized crime

consist of five elements. First, non-traditional security

approaches concentrate exclusively on states,

governments and society at large (as opposed to

individual and sub-national groups). Second, it aims

at protecting against indirect violence, specially

economic and criminal activities, and does now no

longer point out the opportunity of the nation being a

risk to its very own citizens. Third, in responding to

non-traditional security threats, the state becomes an

important aspect where cooperative action is needed

with neighboring governments. In this context, the

role of non-state actors or civil society is not

mentioned as an actor in building security. Fourth, as

mentioned by Capie and Evans cited in Chang (2011),

it emphasizes the principle of sovereignty and non-

intervention, avoiding human rights, humanitarian

intervention and democracy. In this addendum to the

Secretary-General's Report on the Law of the Sea

(A/63/63), Ocean Security addresses three issues. That

is, (1) terrorist attacks on ships and offshore facilities

(2) piracy and armed robbery, (3) traffic in illegal

drugs and narcotics and psychotropic substances

(Secretary-General & Nations, 2008). Threats that arise

are transnational threats so that the handling of these

threats is not carried out unilaterally but regionally

and multilaterally. In addition, there is also an

agreement that the scope of maritime security threats

is global and therefore requires international

cooperation, especially from coastal countries (Keliat,

2009). ASEAN itself responds to non-traditional

threats by taking a different approach to multilateral

security cooperation, namely security cooperatives.

This approach does not prioritize conflict resolution

but aims to build trust, dialogue and avoid potential

conflicts. It main character also does not use a military

approach, particularly in the context of Southeast

Asian maritime communication line (SLOC).

415

As a mention previously, SLOCs are an important

route for world trade while one-third of world trade

and half of oil supply traffic takes place in the

Southeast Asia region namely strait of Malacca. Ships

that transit in these waters are very vulnerable when

entering the narrow strait such as small tankers and

fishing vessels that particularly being a vulnerable

target for pirate ships. The high volume of traffic in

the maritime areas of Southeast Asian countries also

encourages pirates to attack (Zara in Kwa and Guan,

2007:65). Threats such as piracy and armed robbery in

certain territorial waters in the Southeast Asia Region

have contributed to major losses for business actors

passing through. In 1996-1997, countries in the

Southeast Asia Region began to add TOC issues to

their security agenda when ASEAN leaders

considered TOC a threat to security, the rule of law,

and the social and moral fabric of society in the

Southeast Asia Region. ASEAN countries convened

an ASEAN Ministerial Meeting on Transnational

Crime and a Senior Meeting by adopting the 1999

ASEAN Action Plan to combat transnational attacks,

to enhance their joint efforts and consolidate their

cooperation (Emmers, 2003).

In recent years, transnational crime such as piracy,

armed robbery, human trafficking, goods and people

smuggling, has become one of the most significant

threats. In terms of piracy, this threat is not a new

phenomenon in Southeast Asia. Piracy has been going

on for centuries and has continued to increase since

the early 1970s (Liss, 2003). Although according to

Liss piracy in the past had a different structural role in

global and local interactions compared to

contemporary piracy today. A number of major

developments triggered the rise of contemporary

piracy, including the acceleration of globalization and

intensification of the world economy, the end of the

Cold War and technological progress. The progress of

globalization and the intensification of the global

economy have brought major changes in the

Southeast Asian region, especially after the cold war.

Political and economic transformation is one of factors

that triggers increasing maritime commercial traffic

then providing a potential target for pirates and

robbers at sea. On the one hand, the significant

development of global economy provides benefits for

some people, while others experience misfortune

because it also produce social gaps where piracy and

robbery are alternatives to support hungry families

(Liss, 2003).

These threats then transform national maritime

security issue to regional and international maritime

security. At the regional level, events in Southeast

Asia may affect maritime safety in neighboring

countries as well as on the international community. It

is therefore important for ASEAN as an organization

in the Southeast Asia Region to response not only

with a policy making but also a consistent legal

framework that accordance to international law of the

sea to address the various threats and challenges of

today's maritime security. Strengthening cooperation

is important as an effort to respond to various security

challenges, especially in the maritime sector. Regional

Security is one of the seven aims and objectives of the

ASEAN Declaration that was formed to ensure

disputes among Southeast Asian countries can be

resolved peacefully (Severino, 2008). The nature of

ASEAN institutions that uphold the principles of

ownership of their member countries through the

principle of non-intervention is one of the efforts to

create a peaceful, conflict-free region.

For countries in the Southeast Asia Region, there is

a need to maintain their political bargaining power in

order to have influence both regionally and

internationally so they keep showing their willingness

to cooperate. Thus, ASEAN was formed as a capable

regional organization of managing various regional

issues. Since its commencement, ASEAN’s goal refers

to regional peace and security through non-military

means and focus to the low-political issues such as

economics and socio-culture. Along with the

development of the international world and security

issues, ASEAN expanded the cooperation agenda

towards security issues. One of the security agendas

that become ASEAN concern is the issue of maritime

security considering Southeast Asian region is

dominated by coastal countries. The security of the

Southeast Asian region under the ASEAN umbrella is

discussed in one of ASEAN community Pillars,

namely the ASEAN Political Security Community

(APSC). In ASEAN Summit on December 1997 at

Kuala Lumpur, the ASEAN Heads of State reached an

agreement to establish Southeast Asian countries

outward-looking, stability and prosperity, living in

peace, partnering with dynamic development and a

caring community (ASEAN.org). For making this

vision concrete, the ASEAN Heads of State adopted

the ASEAN Concord II Declaration (Bali Concord II)

in 2003, which formed three pillars of ASEAN

Community in 2020. The pillars are the ASEAN

Economic Community (AEC), ASEAN Socio-Cultural

Community (ASCC) and ASEAN Political Security

Community (APSC) which focus on all kinds of

regional security.

Having the same values and norms, being

cohesive, peaceful and highly resilient, as well as

dynamic and outgoing are the characteristic of APSC

(APSC Blueprint). In the 2009-2015 APSC Blueprints,

it is explained that ASEAN has consolidated ASEAN

political and security cooperation for four decades in

a comprehensive and concrete manner with the aim of

ensuring peaceful coexistence between the people of

ASEAN and member states in the democratic and

harmonious environment. During the seven years

APSC Blueprint implementation, ASEAN has

deepened and expanded political and security

cooperation to strengthen ASEAN's ability to tackle

regional and international challenges and strengthen

the foundation of the APSC from 2015 as well. This

blueprint also takes a holistic approach to security

and an outward approach to ASEAN's external

relations. Meanwhile, the APSC Blueprint 2025 is

intended to continue building on the achievements

that have been made in the previous APSC blueprint

therefore can increase ASEAN political and security

cooperation to a higher level. In APSC, everyone

enjoys their human rights, basic freedoms and social

justice, lives in a safe environment and has more

capacity to respond effectively an emerged new

challenge in a lawful and inclusive manner. ASEAN

in all sectors of society, regardless of gender, race,

religion, language or sociocultural background, are

encouraged to participate in and benefit from the

process of integration and development of the

416

ASEAN community. (Secretariat of the Directorate

General of ASEAN Cooperation, Directorate General

of ASEAN Cooperation, 2017).

In 2018, the Sectorial Bodies of the ASEAN

Political Security pillar have formulated an

appropriate framework that will enable each sector to

face challenges under their fields such as the defense

sector having adopted the Guidelines for Air Military

Encounters (GAME). The set of guidelines adopted in

2017 complements and builds the maritime interaction

concept, which serves as a practical trust-building

measure for the military to improve operational safety

in the air. It also adopts Concept Paper on Our Eyes

Initiative, to create a platform for intelligence

exchange strategies to counter terrorism. Meanwhile,

the ASEAN sector on transnational crime adopted the

ASEAN Action Plan to Prevent and Counter the Rise

of Radicalization and Violent Extremism. The two

frameworks are a joint effort of the defense and law

enforcement sectors which are expected to

complement each other in efforts to tackle terrorism,

violent extremism, and radicalization.

In the process, the APSC then initiated a security

cooperation that focuses on the field of maritime

cooperation, implementing a comprehensive

approach focused on navigational safety and regional

security, as shown in APSC blueprints such as the

establishment of the ASEAN Maritime Forum, adding

maritime issues and identification of maritime

cooperation among ASEAN member and encouraging

cooperation in maritime security and search and

rescue (SAR). It was done through activities such as,

information sharing, technical cooperation and

exchange of visits by relevant authorities. ASEAN

decided to promote maritime cooperation for the sake

of creating order at sea for the common interest of its

members where the values of maritime strategy in the

Southeast Asia Region are the main responsibility of

ASEAN as a regional organization. ASEAN has many

cooperation mechanisms against maritime crimes

such as the East Asia Summit, ASEAN Regional

Forum (ARF ), Expanded- ARF , ASEAN Maritime

Forum (AMF), Expanded- AMF , ASEAN Navy Chiefs

Meeting (ANCF), ASEAN Law Ministers Meeting (

ALMM), ASEAN Ministerial Meeting on

Transnational Crime (AMMTC), ASEAN defense

Ministers Meeting (ADMM), ADMM- Plus, ADMM-

Plus experts' Working Group on Maritime Security

((Ikrami, 2017). In addition, ASEAN cooperation with

dialogue partners also includes maritime issues on its

agenda (ASEAN Insights, 2015).

As stated above, the ASEAN cooperation

platforms are numerous and seem overlapping. But

practically, the main venue for maritime security

cooperation is carried out within the AMF, ADMM

and ARF. This area requires stronger maritime

security cooperation in resolving various non-

traditional maritime security threats. However,

cooperation in this region from the beginning has

sought to build a relationship of mutual trust because

ASEAN members seem realize that they experience

lack of trust. This is also true due to different

perception on maritime security as a result from

national interest and sovereignty issue. Hence,

ASEAN grows as a regional organization seeking to

build a similar perception where maritime security is

one of the important aspects in equalizing

perceptions. Regarding the issue of sovereignty,

ASEAN uses the ASEAN Way as a norm that upholds

the sovereignty of member countries. This sovereignty

issue often triggers territorial disputes like South

China Sea conflict. Most of the islands in the South

China Sea, including the Spratly Islands (Taiwan,

Vietnam, Philippines, Malaysia, Brunei), the Paracel

Islands (China, Vietnam, Taiwan, Philippines, Brunei),

and most recently the Scarborough Shoal (China,

Philippines) are subject to territorial disputes. The

increasing tensions arising from territorial disputes

also become the main challenge on active

collaboration against maritime security threats.

3 CONCLUSION

The sea has provided enormous resources so every

country competes to control over the sea. In Southeast

Asian region's context, this competition can be seen in

various mechanisms particularly in dealing with

maritime security. Piracy and armed robbery, IUU

fishing, smuggling and even prevention of marine

pollution are major non-traditional threats to

maritime security. Therefore regional cooperation

conducted to overcome and prevent various non-

traditional threats is of utmost importance. The

problem that needs to be solved is the fact that there

are not enough organizations that effectively

addressed these problems and additional cooperation

for strengthening operational capabilities in the sea

area with the most cases of piracy. Although most of

the ASEAN countries had committed to actively

cooperate by conducting frequent and continuous

dialogue, but the purpose only for aimed building

understanding and trust between countries. There is

no legally-binding framework as a result from the

dialogues or meetings that are held by ASEAN

member. Therefore, the non-traditional threats in

Southeast Asian region still remain an issue that

attracts the world's attention although various

mechanisms have already held both bilaterally,

trilaterally and multilaterally. ASEAN should

consider this policy is possible considering ASEAN

member keep showing their willingness to continue

work jointly in high-political issue include maritime

security.

ACKNOWLEDGMENTS

The author would like to the Indonesia Endowment Fund

for Education (Lembaga Pengelola Dana Pendidikan/LPDP),

Ministry of Finance of The Republic of Indonesia for

providing financial support for the research on which this

article is based.

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