Vietnamese and Indonesians' Perspectives on the Dispute Overlapping Waters

After years of negotiations, in 2003, the Vietnamese and Indonesian governments signed a delimitation agreement on the continental shelf boundary. This agreement facilitated a clearer understanding of maritime boundaries, yet it has led to several disputes over overlapping waters. In 2009, Indonesia published a map highlighting the exclusive economic zone (EEZ) boundaries, indicating that some Vietnamese fishing activities were taking place on the Indonesian side of the agreed boundary. This article explores the perspectives of both Vietnamese and Indonesian stakeholders on this ongoing issue.

Agreement and Its Effects

In June 2003, after 25 years of negotiations, the Governments of Vietnam and Indonesia signed an important delimitation agreement on the boundary of the continental shelf in overlapping waters. The agreement aimed to resolve ambiguities and prevent conflicts over the EEZ. The agreement took effect on May 29, 2007, and since then, efforts have been made to clarify the maritime boundaries to avoid misunderstandings and disputes.

Indonesian Perspective

Indonesia’s perspective on the overlapping waters is rooted in the belief that the issues arise from adherence to the agreement signed in 2003. The publication of a map in 2009 by Indonesia reiterated the EEZ boundaries, which included areas within the overlapping waters disputed with Vietnam. The conviction of Vietnamese fishermen by Indonesian border guards has been justified as a matter of national security and territorial integrity, despite the agreement allowing for consultation and negotiation in case of disputes.

Indonesian authorities assert that the arrest and conviction of Vietnamese fishermen are not in line with the provisions of the agreement. These actions are seen as a strong message to uphold the terms of the agreement and to prevent unauthorized activities that could pose a threat to national security. The practice of sinking fishing vessels is viewed as a necessary measure to deter illegal activities, such as smuggling, piracy, and drug trafficking, which can occur in disputed waters.

From an Indonesian viewpoint, the actions taken against Vietnamese fishermen are not merely about fishing rights but are part of a broader strategy to maintain sovereignty and national security. The practice of sinking fishing vessels might seem harsh but is seen as a deterrent to ensure that territorial waters are protected from illegal activities. The Indonesian government emphasizes the importance of upholding the integrity of territorial boundaries and the need for strict enforcement of maritime laws.

Vietnamese Perspective

For Vietnamese fishermen, the situation varies significantly. It is argued that some fishermen might have been operating in the area out of habit or lack of awareness of the exact boundaries. The incident is often described as a clash arising from traditional fishing activities rather than a deliberate violation of territorial waters. Vietnamese stakeholders emphasize that what happened was an innocent act of fishing, driven by the need to sustain livelihoods.

Vietnamese perspectives highlight the potential for cooperation in the management of marine resources. There is a suggestion that a joint fishery management system could help resolve the conflicts between Vietnamese and Indonesian fishermen. The dispute is often framed as a need to enhance mutual understanding and cooperation rather than confrontation. Vietnamese stakeholders argue for a peaceful resolution through dialogue and mutual respect, ensuring that traditional fishing activities are not disrupted without just cause.

International Legal Framework and Future Outlook

The international legal framework plays a crucial role in resolving such disputes. The United Nations Convention on the Law of the Sea (UNCLOS) provides a comprehensive framework for resolving maritime boundary disputes. Both Vietnam and Indonesia are signatories to UNCLOS, which offers mechanisms for peaceful settlement of disputes, including arbitration and mediation.

A future outlook for resolving the dispute involves continued diplomatic and legal efforts. Both countries should engage in constructive dialogue to address the overlapping claims and work towards a mutually beneficial agreement. The involvement of organizations such as the Association of Southeast Asian Nations (ASEAN) or other mediation bodies could facilitate a peaceful resolution. Moreover, regional cooperation and understanding can foster a more harmonious approach to managing marine resources.

Conclusion

The dispute between Vietnam and Indonesia over overlapping waters is complex and multifaceted. While Indonesian perspectives emphasize national security and territorial integrity, Vietnamese perspectives focus on the reality of traditional fishing activities and the need for cooperation. Effective resolution of this issue requires a combination of legal frameworks, diplomatic efforts, and increased understanding and cooperation between the two nations.