Monday, July 11, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Burma’s 100 Days

Posted: 11 Jul 2016 07:00 AM PDT

Burma's State Counselor Aung San Suu Kyi in Bangkok during her visit to Thailand in June, 2016. (Photo: JPaing / The Irrawaddy)

Burma's State Counselor Aung San Suu Kyi in Bangkok during her visit to Thailand in June, 2016. (Photo: JPaing / The Irrawaddy)

Following decades of military rule, Burma elected its first civilian government, led by President Htin Kyaw and State Counselor Aung San Suu Kyi, in a landslide election in November. But everyone knows who is actually calling the shots in the country's awkward political strucutre. It is Suu Kyi who is above the president.

Over the past three months, Suu Kyi's grip on power has become more visible and public support has remained strong, despite activists questioning her authoritarian style, selection of unqualified cabinet ministers and sluggish performance.

Pundits have started looking critically at the new government's policies, performance and implementation process. In spite of high hopes, political momentum is stagnating as people begin to grasp the extent of the challenges lying ahead.

The government set national reconciliation and peace in the war-torn country as one of its top priorities. Suu Kyi's main focus thus far has been on preparations for the upcoming national peace conference scheduled for late August.

The upcoming event has been branded the "21st Century Panglong Conference," in homage to the Panglong Agreement of 1947—signed by Suu Kyi's father Aung San and leaders from Shan, Kachin and Chin minority groups on the eve of Burma's independence and regarded for its sprit of inclusivity and ethnic cooperation. Independence hero Gen Aung San, of the ethnic Burman majority, was highly respected and admired by some of the ethnic minority groups at the time.

The original agreement envisaged "full autonomy in internal administration" for Burma's ethnic minority "frontier" regions. Like her father, few have questioned Suu Kyi's sincerity regarding her promise to build a federal union in an ethnically diverse country.

She has peace, and her own legacy, on her mind throughout the current term. She is here to carry on the unfinished mission started by her father and the good news is that this administration faces less distrust than the previous one.

However, fighting continues on the ground in northern Burma. China—one of the key players and biggest investors in Burma—in particular has played a dubious role in the country's ongoing civil war, as it supports several armed groups, including the powerful United Wa State Army in Shan State.

Ethnic armed groups that refused to sign last year's nationwide ceasefire agreement with the previous government have expressed interest in participating in the peace conference but doubts of an inclusive ceasefire agreement remain.

The participation of three ethnic armed groups in particular—the Ta’ang National Liberation Army, the Arakan Army and the Myanmar National Democratic Alliance Army—remains an open question, although official invitations have been extended to them. Burma's powerful army is still reluctant to open the door to them—as they are all engaged in active hostilities with the Burma Army—but has recently shown signs of flexibility in regards to their inclusion.

Aside from Suu Kyi, the military will be a key player in negotiations with ethnic minority groups. The question is: how are they going to play alongside Suu Kyi?

This is the first time Burma has seen an elected civilian government since 1962. But it lacks full control. The military-drafted 2008 Constitution is still in place and 25 percent of parliamentary seats remain reserved for military appointees, giving them veto power over constitutional amendments. The armed forces also maintain control of three important ministries: home affairs, defense and border affairs.

Critics say the new government is unprepared and performance has so far been mixed. Alarmingly, there is still no clarity regarding the new administration's economic policy, causing frustration among businessmen and investors, both local and foreign.

Thanks to reforms initiated under former President Thein Sein, the country continues to enjoy relative freedom and democracy, although peace and prosperity have yet to be achieved and some radical religious groups remain active.

Burmese citizens wish the new administration considerable success in its first term: achieving peace and prosperity and growing to be an active player in the region.

The post Burma's 100 Days appeared first on The Irrawaddy.

Ethnic Armed Groups Invite Ethnic Political Parties to Summit

Posted: 11 Jul 2016 06:39 AM PDT

 Leaders of the UNFC pledge mutual allegiance among member groups in Chiang Mai in Sept, 2014. (Photo: Saw Yan Naing / The Irrawaddy)

Leaders of the UNFC pledge mutual allegiance among member groups in Chiang Mai in Sept, 2014. (Photo: Saw Yan Naing / The Irrawaddy)

RANGOON — An alliance of ethnic armed groups has invited ethnic political parties to attend a summit in Kachin State in late July.

According to a letter sent over the weekend to the government's peace body the National Reconciliation and Peace Center (NRPC), the United Nationalities Federal Council (UNFC) will invite two ethnic political party coalitions—the United Nationalities Alliance (UNA) and the Nationalities Brotherhood Federation (NBF) to attend the ethnic summit in Mai Ja Yang, a conflict-torn region in Kachin State near the border with China.

At the summit, the UNFC will discuss the government's upcoming peace conference, which is planned for August. They will also try to find common ground towards transforming Burma into a federal union.

In a separate letter received on the same day, the UNFC expressed an interest in visiting Burma's largest non-state armed group, the United Wa State Army (UWSA), in Shan State in order to brief them about the summit. The ethnic alliance has requested the UWSA to allow them to visit prior to the summit, which is planned for July 26-29.

The NBF is an alliance of 20 ethnic political parties while the UNA has 12 member parties based in ethinic states as well as in the commercial capital Rangoon.

UNA members include the Shan Nationalities League for Democracy (SNLD) and the Arakan National Party (ANP), the only two ethnic parties to win a significant number of parliamentary seats in the November general election.

The post Ethnic Armed Groups Invite Ethnic Political Parties to Summit appeared first on The Irrawaddy.

Women’s Rights Groups Demand Changes to Constitution

Posted: 11 Jul 2016 06:33 AM PDT

Women's rights advocates at a press briefing on their experience of attending the UN's 64th session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, Switzerland.

Women's rights advocates at a press briefing on their experience of attending the UN's 64th session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, Switzerland.

RANGOON — Women’s rights advocates have demanded changes to the constitution to ensure women's basic rights, especially in conflict areas, at a press briefing on their experience of attending the United Nation's (UN) 64th session of the Committee on the Elimination of Discrimination against Women (CEDAW) in Geneva, Switzerland.

About two-dozen advocates for gender equality and peace shared their CEDAW shadow reports with the UN CEDAW committee, while also receiving responses from the delegation representing the Burmese government.

The reports covered issues including violence against women and impunity, rule of law and women's access to justice, human trafficking, women's participation in political leadership and the peace process, the need to allocate budgets for gender equality and the advancement of rural women.

The government delegation committed to collaborating with civil society groups, including women's groups, and pledged to work towards a national law on the Prevention of Violence against Women (PoVAW) and a National Strategic Plan for the Advancement of Women (NSPAW).

The government delegation included officials from the ministries of Foreign Affairs and of Social Welfare, the anti-trafficking police and an upper house lawmaker.

Burma's last CEDAW report was in 2008. This year's report from the government lacks data on violence against women in areas of armed conflict and makes no mention of human trafficking and women's participation in the peace process—issues the women's rights groups brought up with the UN in their shadow reports.

Lway Cherry of the Ta'ang (Palaung) Women's Organization told The Irrawaddy that she was heartened by government team's pledge of cooperation, calling it unprecedented.

However, she said "constitutional change remains key because, under the 2008 Constitution, there is a clause ensuring impunity for military personnel, even if they abuse women." This has especially grave consequences in conflict areas, she said.

Ninety-two cases of sexual violence in conflict areas of Burma between 2010-2015, mostly in Shan and Kachin states, were recorded in the Women League of Burma's CEDAW shadow report—compensating for the dearth of data on this subject in the government's report.

May Sabe Phyu, director of the Gender Equality Network, questioned the Burmese government's understanding of the articles contained in the Convention on the Elimination of all Forms of Discrimination Against Women, which it ratified in 1997.

Both the UN committee and women's rights groups have criticized Burma's 2008 Constitution and its domestic laws for falling well short of the commitments outlined in the convention—for instance in failing to properly define and prohibit direct and indirect forms of discrimination against women, and in the incorporation of restrictive gender stereotypes in legal provisions.

May Sabe Phyu said that, despite the government's insistence that equal rights for women are enshrined in the constitution, "substantive equality" for women in the workplace or in education is still lacking.

The advocates also demanded that the number of women at decision-making levels should be increased, rather than a mere quantitative increase of women in the workplace.

Nga Ngai, an ethnic Kuki woman from the Women's League of Burma, said that, although the government delegation was not able to respond to the specificities of the concerns raised with them, government and civil society have "strengthened their relations" as a result of this engagement.

May Sabe Phyu said that, although the non-government delegation had very little time in which to present their findings, the experience of presenting directly to the UN committee marked a "milestone" for civil society in Burma.

The post Women's Rights Groups Demand Changes to Constitution appeared first on The Irrawaddy.

Trafficked Burmese Fishermen Rescued in Southern Thailand

Posted: 11 Jul 2016 05:15 AM PDT

 Trafficked Burmese fishermen disembark the boat on which they were detained off Pattani, southern Thailand, on Sunday. (Photo: Myanmar Association in Thailand)

Trafficked Burmese fishermen disembark the boat on which they were detained off Pattani, southern Thailand, on Sunday. (Photo: Myanmar Association in Thailand)

RANGOON — Nineteen trafficked Burmese fishermen were rescued from a boat moored at a jetty off the southern Thai city of Pattani on Sunday, according to the director of the Myanmar Association in Thailand (MAT), which mounted the rescue alongside the Anti-Human Trafficking Division (AHTD) of the Royal Thai Police.

MAT director Kyaw Thaung said his organization has collaborated with the AHTD over several years to crack down on human trafficking. A Burmese informant had told him of six Burmese migrant workers being "bullied and threatened" by their employer at a jetty off Pattani. The MAT "immediately" investigated the matter, he said.

On Sunday, Thai police arrested a Thai businessman and a Burmese woman from Mon State, who were both accused of being directly involved in the trafficking case.

MAT communications officer Sai Aye, who took part in the rescue, told The Irrawaddy over the phone about the disparate origins of the trafficked Burmese men, including eight men from Arakan State, and five men and a 13-year-old boy from Mon State. All were being detained in a "hole" in the same fishing boat.

"Thai police are now questioning the [trafficking] victims to find out more about the smugglers responsible," said Sai Aye.

Sai Aye explained that a Burmese woman had promised six of them a job at a factory in Pattaya paying 9000 Thai baht (US$256) a month, only to take them to Pattani. When the workers realized they had been cheated and asked the female broker if they could return home, she asked for 25,000 baht ($712) from each of them as "compensation."

The rescued fishermen testified at the nearby police station that around 80 trafficked Burmese fishermen were also being held against their will at an unknown location in southern Thailand.

The MAT is providing up-to-date information on the matter to the Burmese Embassy in Thailand, and the Thai police said they would follow up on these reports.

The Irrawaddy contacted the Burmese Embassy in Thailand by phone, but the official who answered said they were currently too busy to provide any clarification.

MAT communications officer Sai Aye said his organization renders assistance to migrant workers suffering rights violations under unscrupulous employers in Thailand "regardless of race and religion."

He said they had successfully helped 130 Burmese and 90 Cambodian migrants workers in obtaining 3 million baht ($85,425) in withheld salary payments from a construction company in Thailand.

The post Trafficked Burmese Fishermen Rescued in Southern Thailand appeared first on The Irrawaddy.

Three Burmese Migrants Killed in Malaysia

Posted: 11 Jul 2016 03:25 AM PDT

Returning Burmese migrant workers queue at the immigration checkpoint at Rangoon International Airport in 2013. (Photo: JPaing / The Irrawaddy)

Returning Burmese migrant workers queue at the immigration checkpoint at Rangoon International Airport in 2013. (Photo: JPaing / The Irrawaddy)

Three Burmese migrant workers were killed and one was wounded early this morning in Malaysia's northern Penang state, according to local sources.

"They shouted for help when they saw robbers trying to burglarize a neighbor's house, and then the robbers went into their house and killed them," said Maung Zaw, a member of Penang's funeral service organization.

He said that the three workers were killed at 6:30 a.m. When the funeral service team went to see the bodies, police informed them they would be unable to hold a funeral while there was an ongoing investigation.

Sources said the four victims, who were from Mandalay Division's Pyawbwe Township, were stabbed in Penang's industrial zone.

Hundreds of Burmese migrant workers live in Penang's industrial zone, many of them illegal migrants, asylum seekers and refugees who work dangerous jobs in factories and on construction sites.  Due to lack of proper documentation, they often face arrest, detentions and deportation by the Malaysian authorities.

An official from the Burmese Embassy in Malaysia who asked to remain anonymous told The Irrawaddy that the embassy would investigate the incident and issue a statement later this evening.

The official added that the killing was not prompted by religious tension, after it had spread on social media that the attack might have been related to strain between Burma's Buddhist and Muslim communities.

The post Three Burmese Migrants Killed in Malaysia appeared first on The Irrawaddy.

A Look at Rangoon’s Best Neighborhood Pizza Joints

Posted: 11 Jul 2016 03:20 AM PDT

Chef de Cuisine Francesco Costa at Parami Pizza. (Photo: Steve Tickner / The Irrawaddy)

Chef de Cuisine Francesco Costa at Parami Pizza. (Photo: Steve Tickner / The Irrawaddy)

Parami Pizza

Parami Pizza has opened a third branch on Saya San Road that is family friendly, with a playground to boot. With a wide selection to choose from, the signature "Parami Pizza:—with tomato sauce, mozzarella cheese, bacon, bell pepper and egg—is the most popular item. Prices start at 13,000 kyats (US$11) and delivery is available between 9 a.m. and 10:30 p.m.

Address: Parami Pizza, No. 56, Saya San Street, Bahan Tsp.

DiVino Italian Restaurant

The first thing you will notice when walking into the restaurant is DiVino's wood-burning pizza oven. There are eight pizza varieties, with prices between US$8 and $20. Favorites include the Parma Ham—topped with cherry tomato, ham, mozzarella and mascarpone cheese—and the Three Cheese—topped with bacon, mozzarella, gorgonzola and mascarpone.

Address: DiVino Italian Restaurant, No. 61, Old University Avenue Road, Bahan Tsp.

Pezzo Pizza

Pezzo Pizza sells slices—ranging from 2,700 kyats to 3,300 kyats—and whole pies for about 16,000 kyats. Their biggest seller is the Hot Chick Pizza, with barbecue chicken, green peppers and mozzarella cheese. The restaurant also has franchises in Malaysia, Singapore and the Philippines.

Address: Pezzo Pizza, Hledan Center, at the corner of Pyay Road and Hledan Street, Kamayut Tsp.

Pizza Hut

Pizza Hut opened its first branch in Rangoon at City Mart on Dhammezedi Road and has plans to expand to 15-20 additional branches over the next five years. It offers 14 kinds of pizza in two different sizes. Pizzas sell for between 12,000 to 16,000 kyats and the bestseller is the meat supreme—made with marinara sauce, pepperoni, pork, beer, mushrooms, peppers and onion.

Address: Pizza Hut, No. 403 A, at the corner of Dhammazedi Road and Golden Valley Street, in the City Mart Marketplace compound.

Pepperoni Pizza

Pepperoni Pizza is located outside the Union Business Center on Nat Mauk Street near Kandawgyi Lake. The eatery offers 12 types of pizzas in three sizes—9, 12, and 16 inch—ranging in price from 16,000 to 24,000 kyats. Its most popular item is the Pepperoni Diabola–made with pork, mushroom, chicken, bacon, onion and peppers. The shop does deliveries.

Address: Pepperoni Pizza, Union Business Center on Nat Mauk Street

Hot Stone Pizza

Hot Stone is a halal pizza restaurant located downtown. Its bestseller is a thin crust spicy chicken pizza—topped with grilled chicken, cherry tomato, onion and cream cheese—which sells for 11,400 kyats. Thick crust pizzas sell for 18,400. Delivery is available, and free to some neighboring areas.

Address: Hot Stone Pizza, Bo Myat Tun Tower at the corner of Maha Bandoohla Street and Bo Myat Tun Street

This article was written by Foodie Myanmar. Available for download in the Google Play Store, the Foodie Myanmar app will help you discover great places to eat and ways to share your foodie moments. Available at: http://bit.ly/InstallFoodieMyanmarOnAndroid

The post A Look at Rangoon's Best Neighborhood Pizza Joints appeared first on The Irrawaddy.

President to Skip Martyrs’ Day Ceremony in Rangoon

Posted: 11 Jul 2016 03:14 AM PDT

Tributes paid to Burma's independence heroes at the mausoleum during a Martyrs' Day ceremony on July 19, 2011. (Photo: The Irrawaddy)

Tributes paid to Burma's independence heroes at the mausoleum during a Martyrs' Day ceremony on July 19, 2011. (Photo: The Irrawaddy)

RANGOON — President Htin Kyaw will not be attending the Martyrs' Day ceremony on July 19 at the Martyrs' Mausoleum in Rangoon, according to President's Office spokesperson Zaw Htay.

The annual government-run ceremony marks the date in 1947 when Burma's independence hero Aung San—father of State Counselor Aung San Suu Kyi—and eight of his colleagues were assassinated at the instigation of a political rival.

No Burmese head of state has attended the ceremony since the military coup of 1988. The large red mausoleum—where the bodies of Aung San and his fallen comrades lie interred—located just north of the Shwedagon pagoda in Rangoon's Bahan Township, was declared off limits after the coup, for fear of public gatherings sparking unrest.

Until the inauguration in 2011 of the reformist administration of President Thein Sein, the most senior official to attend the ceremony was the Rangoon mayor. The Thein Sein government began to allow the public to pay their respects at the mausoleum on Martyrs' Day, drawing large, emotional crowds.

Ceremonies on subsequent years saw the participation of vice presidents and Aung San Suu Kyi, who was released from house arrest in late 2010 and entered the parliament in 2012. However, President Thein Sein stayed aloof—a stance that Burma's new president has chosen to follow.

"The president will be in Naypyidaw to make offerings to Buddhist monks and share the merit of the fallen leaders," Zaw Htay told the Irrawaddy.

State Counselor Aung San Suu Kyi will again be attending the ceremony at the mausoleum in Rangoon, he confirmed.

A central committee led by Vice President (1) Myint Swe was formed to organize the ceremony for this year.

The mausoleum, built in 1985 under the military socialist dictatorship of Ne Win, is currently undergoing a renovation. Architects involved in its construction have shared with The Irrawaddy their misgivings regarding the highly abstract design that they were forced to adhere to, which obscures any reference to Aung San or his comrades.

Until recently, names or pictures of those interred were nowhere to be seen on the large red structure, whose platform is able to hold 600 people. There is also no signage to educate visitors on the significance of the site.

Aside from the ceremony at the mausoleum on July 19, an official commemoration will be held at the Secretariat—an abandoned government complex in downtown Rangoon dating from the colonial era—where the general and his colleagues were gunned down.

The post President to Skip Martyrs' Day Ceremony in Rangoon appeared first on The Irrawaddy.

National News

National News


President will not attend Martyrs’ Day event in Yangon

Posted: 10 Jul 2016 02:30 PM PDT

Those expecting to see Myanmar's new president attend the first Martyrs' Day commemoration since he took office will find themselves disappointed this year, but State Counsellor Daw Aung San Suu Kyi does plan to again join the main ceremony in Yangon on July 19.

Shan villagers flee after landmine blast

Posted: 10 Jul 2016 02:30 PM PDT

A recent landmine fatality and increased activity by hostile ethnic armed groups in Shan State's Mine Ton township has led more than 320 villagers in the Mong Maw village tract to flee to Namtu township, seeking refuge in Shwe Myin Thar monastery, villagers told the presiding sayadaw.

Sidoktaya braces for another round of floods

Posted: 10 Jul 2016 02:30 PM PDT

Villagers in a remote Magwe Region township are watching helplessly as falling rain and rising water levels threaten a rerun of last year's disastrous flooding. Sidoktaya township is situated between the Mone and Kyi Ohn Kyi Wa dams – close enough for villagers to see the reservoir levels rising daily.

Teacher killed, students injured when motorcar overturns on highway

Posted: 10 Jul 2016 02:30 PM PDT

The driver and a teacher were killed, and 29 students were injured, when a motorcar overturned on the Mandalay to Nay Pyi Taw highway yesterday afternoon.

Nationalist protesters demand govt listen to ‘voice of the people’

Posted: 10 Jul 2016 02:30 PM PDT

Nationalist marched through the rain yesterday demanding the government reverse a decision to refer to self-identifying Rohingyas as "Muslims in Rakhine State". The protesters said "Bengali" – officially used by the previous government – must remain the condoned terminology.

NLD refuses to heed Ma Ba Tha’s request

Posted: 10 Jul 2016 02:30 PM PDT

National League for Democracy spokesperson U Win Htein said the party will not take seriously or yield to hardline nationalists who are demanding a chief minister and party member be punished over controversial remarks.

Labour officials ask for patience in resolving Panda factory dispute

Posted: 10 Jul 2016 02:30 PM PDT

Workers staging a sit-in over a contract feud at a textile factory have been told to have patience as the dispute could take some time to settle, according to labour ministry officials.

‘Women do not face social barriers’, Myanmar CEDAW delegation tells experts in Geneva

Posted: 10 Jul 2016 02:30 PM PDT

The National League for Democracy-backed government defended its spotty women's rights record at a UN meeting in Geneva last week, amid international pressure to repeal discriminatory "race and religion" laws.

Garment factory workers protest for unpaid compensation

Posted: 10 Jul 2016 02:30 PM PDT

Workers from the La Won Htet Tha garment factory in Hlaing Tharyar's Shwe Linn Ban industrial zone demonstrated on July 8, demanding compensation because the factory suddenly shut down.

‘World’s rarest gem’ named after Myanmar mineralogist

Posted: 10 Jul 2016 02:30 PM PDT

What's it like to have "the world's rarest gem" named after you? Just ask mineralogist U Kyaw Thu, who late last year saw the International Mineralogical Association recognise a precious stone he purchased at a market in Mogok as a distinct, and for now singular, mineral specimen.

Shan Herald Agency for News

Shan Herald Agency for News


Storm in the South China Sea

Posted: 11 Jul 2016 05:12 AM PDT

It is not clear whether the ruling in The Hague this week will bring resolution to the disputes.

A LARGE PIE: "The underlining problem
 is the claim of overlapping areas by
 different countries." Picture shows
 the Tien Sa port in Vietnam which the U.S.
Navy makes port calls to. The U.S.
carries out joint exercises with
 the Vietnamese Navy in the China
 Sea after growing tensions.
The International Court of Arbitration is set to give its ruling on the South China Sea disputes on July 12 amid strong opposition from China. The Chinese Foreign Ministry spokesman, Hong Lei, has said: "I again stress that the arbitration court has no jurisdiction in the case and on the relevant matter, and should not hold hearings or make a ruling."

The case filed by the Philippines at the International Tribunal for the Law of the Sea at The Hague in 2013 seeks to counter the Chinese claims in the South China Sea. Beijing insists that Manila's case is an issue of territorial sovereignty over which the tribunal has no jurisdiction.

China claims almost all of the South China Sea along the nine-dash line on the map. The Philippines argues that the claim made by China is against international law.

The current round of tension between the two countries began in 2008-2009 after a tense but bloodless stand-off over the Scarborough Shoal, which led to China gaining de facto control of it in 2012.

China's expansionist moves

In recent years, attention has shifted to China's construction and installation of military-capable infrastructure in the Spratly Islands. The pace and scale of China's island-building works have dwarfed the presence of other countries that engage in similar activities, and is beginning to take on a more overtly strategic character, which includes the construction of runways and port facilities.

There are no easy answers to the South China Sea disputes. At the same time, it is well understood by the parties concerned as well as the international community that the disputes need to be resolved.

Because of the capital spent on island-building works by individual countries on the one hand and the sea's rich natural resources and annual revenues generated from the sea routes on the other, none of the disputing parties is likely to sacrifice or surrender its claims easily.

The underlining problem is the claim of overlapping areas by different countries, that involve Brunei, China, Vietnam, the Philippines, Taiwan and Malaysia.

One of the fundamental principles of the Association of Southeast Asian Nations (ASEAN) has been to resolve disputes by peaceful means and to reach agreement by a consensus. But over the years, the position of ASEAN on the South China Sea disputes has been weak. At times, the organisation has been unable to formulate a consensus policy. This is partly due to the fact that not all 10 ASEAN members are claimants to the South China Sea. Another reason is that members of ASEAN have overlapping claims among themselves. Moreover, bilateral relations between China and some smaller ASEAN members, such as Laos and Cambodia, are also a factor. Because of its economic and military power, China has been able to win over some ASEAN members.

Dynamics within ASEAN

China is well aware that a united voice of all ASEAN members would have greater force. ASEAN's inability to build a united front on the South China Sea disputes is a major challenge for the regional bloc. There is no single country in ASEAN party to the South China Sea disputes that is capable of challenging China individually. This is an important reason why ASEAN has welcomed the role of the United States as a power balancer on the issue.

While China insists on talks among the parties concerned, the claimants in ASEAN want to pursue it through multilateralism or the Court of Arbitration. The existence of two diametrically opposing approaches is a major challenge for bringing a mutually acceptable solution to the South China Sea disputes.

Since China has openly refused to acknowledge or accept the ruling of the arbitration court, despite support from several countries, as well as its lack of enforcement power, this channel is likely to be inconclusive.

Looking forward

However, the reactions of the international community in the aftermath of the court's ruling is bound to put pressure on the disputing parties. The ruling may also provide a justification for coalition action.

To resolve the disputes peacefully, the claimants should be willing to abandon their confrontational attitude and agree to find some common grounds even if this requires sacrificing certain portions of their claims.

For example, one possible peaceful solution would be for all claimants to limit their claim to the areas of 200 nautical miles of the Exclusive Economic Zone in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). By agreeing to such proposal, the parties to the dispute can also reach an agreement to leave international waters for free navigation.

Another way out is for the parties concerned to establish a common ownership of the disputed areas whereby all the revenues from the South China Sea are equitably shared among the littoral countries.

Yet other possibility is for the disputing countries to specifically lay out their claims and allow a neutral party to adjudicate on the basis of the UNCLOS or any other relevant international laws.

But for now, all eyes are on the July 12 ruling.

Nehginpao Kipgen is Assistant Professor and Executive Director of the Center for Southeast Asian Studies, Jindal School of International Affairs, O.P. Jindal Global University.