Australian foreign minister: South China Sea code shouldn't diminish rights under international law

[00:00:00]Thank you everyone for coming. I just wanted to make a few comments today.

[00:00:04]Firstly, to say how delighted I am to be back here in Manila and I want to start by congratulating the Philippines on its leadership as ASEAN chair this year and particularly for hosting these important meetings. Uh this year, Australia and Philippines celebrate 80 years of diplomatic relations and that of course builds on a much longer history of culture, trade, and friendship, and family. Uh I was very pleased to be received by President Marcos yesterday and to reaffirm uh the friendship and partnership between our countries.

[00:00:41]>> Thank you, Minister.

[00:00:43]>> No worries.

[00:00:44]Uh at a at a time of global uncertainty, Australia recognizes it is more important than ever to work closely with ASEAN and uh my meetings this week have focused on shared challenges, energy security, supply chain resilience, and long-term prosperity, but also pressing issues, including the conflict in the Middle East and developments in the South China Sea.

[00:01:10]One of the things that Australia is very proud of uh is that we are ASEAN's first dialogue partner.

[00:01:16]And we are a comprehensive strategic partner.

[00:01:20]And this year, of course, uh this the 50th anniversary of the Treaty of Amity and Cooperation uh and its principal principles of dialogue and peaceful resolution of disputes remain even more relevant today.

[00:01:35]Uh I have come just now from a Quad Foreign Ministers meeting.

[00:01:40]Quad partner countries are all comprehensive strategic partners of ASEAN.

[00:01:46]Uh we respect ASEAN centrality and ASEAN-led architecture and believe that ASEAN has a critical role uh at holding the center of a region that is peaceful, stable, and prosperous. Today, we discussed how Quad countries can further contribute to priorities under the ASEAN Outlook on the Indo-Pacific.

[00:02:08]I just want to close now with a message to Australians in relation to travel advice. Obviously, the situation in the Middle East is volatile. The situation could deteriorate further without much warning.

[00:02:21]I urge all Australians in the Middle East or looking to travel all through the region to please keep up to date with travel advice.

[00:02:29]Much of the region is already at reconsider your need to travel or do not travel.

[00:02:36]Uh the Department of Foreign Affairs and Trade keeps travel advice under constant review, and this advice may change at very short notice, particularly if the security situation in the Middle East deteriorates further, which could happen without much warning. Happy to take questions.

[00:02:55]Okay.

[00:02:56]>> Ready for the first question, Mom? Um does Australia see the missile test launch and the South China Sea clashes as part of a broader pattern of increased Chinese military activity in the Indo-Pacific? Uh why or why not? And are there concerns that this could increase the risk of miscalculation in the region?

[00:03:15]>> I think the answer to the last part is very much yes, and and we have made clear publicly and directly to China that we regard the missile test >> [clears throat] >> as destabilizing.

[00:03:27]Uh and we have put that publicly, and we have put that directly to Foreign Minister Wang Yi in my discussions yesterday.

[00:03:36]More broadly, uh on the South China Sea, I also have made public comments about the incident uh involving the members of the Philippines navy and the the Chinese personnel. We have said we have real concerns about behavior that is destabilizing and risky.

[00:04:00]What I what I would say We want a region which is peaceful, stable and prosperous. We want a region where countries, all powers, including great powers, observe international law and in particular the law of the sea.

[00:04:16]These are principles which go to the character of the region we live in and the stability and peace of the region in which we live.

[00:04:25]>> Um >> I'll come back to you.

[00:04:27]>> With increasing tensions in the South China Sea, in your view, how crucial is it for ASEAN and China to conclude a code of conduct within the year? And how does Australia intend to leverage its influence within ASEAN to push for a binding and effective code of conduct?

[00:04:43]And what does Australia want to see that code do?

[00:04:46]>> Well, actually, we already have a legal document which sets out people nations' rights and that is the UN Convention on the Law of the Sea.

[00:04:57]And all parties should observe it.

[00:05:00]And all countries should observe it both in spirit, but also both in letter of the law, but also in the spirit of the law.

[00:05:09]>> Minister, I think the advantage of the Manila meeting >> Mhm.

[00:05:13]>> You >> [clears throat] >> you do not only release press statements, but you're actually physically with with the representative >> Yes.

[00:05:20]>> That's true.

[00:05:22]Like last night when you had dinner with him.

[00:05:24]>> Mhm.

[00:05:24]>> So, my question is, if you're to impart to Rubio your concerns, the level of urgency of your concern about what's happening now, the resurgent war in the Middle East, how have you or do you plan to raise it and what specific next step do you want the US to take as a treaty ally? And I have two more questions after that.

[00:05:46]>> You have two more questions after that.

[00:05:48]>> They're different >> [laughter] >> questions, sorry.

[00:05:50]Uh well, look, in relation to the Middle East, the position Australia has taken publicly for some time is is the same position I think that many countries of the region have, which is uh this war, uh we want to see an end to this war, we want to see a ceasefire, we want to see negotiations, and we want the straight to be opened. And like the countries of the region, whether it's the Philippines or uh Indonesia or Malaysia uh uh or or or so many others, you know, people are being affected by what is happening and has happened to global energy markets, and that the the the effect on people has been direct and personal, uh and it is impact on all on all of our people. So, we have made our position on that clear.

[00:06:34]>> And and yeah, just secondly, very fast, uh yeah, there have been some steps and plans of the ASEAN on the South China Sea and the issue of Myanmar.

[00:06:44]But uh people are still being killed every week in Myanmar, and there was another incident the other day in the South China Sea.

[00:06:52]China cannot be stopped by anything at this point.

[00:06:56]What do you think should be done by ASEAN to or the international community to to really put these problems into place?

[00:07:04]>> Uh ASEAN has uh by virtue of its history, its uh place in the region, it has the power uh to set expectations, uh to engage in diplomacy, uh to express its view about activities, uh and uh what I would say is that we know that peace and stability uh can only be achieved if we work for it.

[00:07:36]Uh we are concerned about uh some of the uh aggression we are seeing. We are concerned about some of the destabilizing conduct we are seeing. Uh and the the countries of the region have a choice to make about how we all respond to that. And Australia believes we should respond to that by working for peace and stability. Uh by continuing to call for and encouraging compliance with or observation of international law and of safe and professional conduct at sea and in the air.

[00:08:11]>> I'm Minister >> Hello.

[00:08:13]>> Hi, I'm Phil Hammond from Bloomberg. Um I just had a question you know we hear a lot about South China Sea, but what is you I was wondering if it's been coming up at all is about the global scamming industry.

[00:08:22]>> Mhm.

[00:08:22]>> A lot of that is orchestrated right here in Southeast Asia.

[00:08:26]I wonder to what extent A is that being talked about? Um B how big an issue is it for Australia? And C are you satisfied with the level of diplomatic conversation and international collaboration regarding this?

[00:08:40]>> First, this is a big issue in Australia.

[00:08:41]It's a big issue for Australian consumers and we have domestic policy framework, domestic legislation which is aimed at protecting Australian consumers. But you are correct. This is an illicit industry which has grown quite exponentially and it is an issue that I think Secretary Rubio has flagged also in terms of the growth of scam centers in the region.

[00:09:05]Uh we work bilaterally with partners to try and help assist in countering scams. Whether that's in terms of the trafficking of people to work in scam centers which there have people have you know we know occurs or law enforcement more generally in relation to to scams. So we'll continue to do that. Uh it's you're right probably that has been less of a focus of the multilateral discussions, but I can say to you this has been a consistent aspect of bilateral engagement with ASEAN countries over the last year couple of years.

[00:09:45]>> Minister, I'm just a follow up on COC.

[00:09:48]Australia is one of the leading voice in pushing for equal that does not prejudice the rights of third party states. Is that something that you're going to >> Uh well, I that's Australia's position.

[00:10:05]Uh I mean what we think that uh parties should apply abide by the UN Convention on the Law of the Sea, and we have consistently said we would not want to see any code of conduct that uh diminished any rights or under that under that convention uh whether for claimant states uh or third parties.

[00:10:27]>> Minister, sorry. Just a follow up on the code of conduct.

[00:10:31]Did you get any commitment with ASEAN and other countries that from ASEAN that they remain committed to finish the code of conduct negotiations in the past year?

[00:10:40]>> Well, I will I will leave it to ASEAN to talk about those negotiations. I my I all I can express to you is Australia's position, which is as I have outlined to your colleague.

[00:10:51]>> Because China is saying that they will not agree to a code that will include let's say the 2016 arbitral award, which definitely consistent with international law.

[00:11:01]>> Well, and Australia has consistently stated our support for the 2016 arbitral award.

[00:11:06]>> Does that mean now therefore that the award should be integrated into the COC?

[00:11:11]>> Well, I'm not a negotiating party, but the COC should not derogate from any rights under international law.

[00:11:19]>> Any uh as a follow up?

[00:11:21]>> Another follow up?

[00:11:23]>> [laughter] >> I'm going to have to wind up shortly, so I'm going to give you one more question.

[00:11:28]>> How feasible feasible it is for um Australia, US, and Japan to uh hold the regular um joint patrols in the South China Sea or East China Sea. And I'm not talking just about the regular uh the the MCAs that's been conducted from time to time. They're possibly going to conduct regular >> Well, well, you know, we we certainly I can speak for Australia and um the Philippines, we are increasing our maritime cooperation uh and you might be aware that one of my first uh events here was an announcement of additional funding with your Coast Guard uh where we are contributing more on uh dry drones uh and other um mechanisms to try and improve maritime um domain awareness. The maritime zone is critical to stability in the region. And so, when we have a conversation about the South China Sea, that is something I'm sure uh we should all keep in mind. Thanks very much.