[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Pages S6011-S6012]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REAFFIRMING STRONG SUPPORT OF THE UNITED STATES OF THE PARTIES IN THE
SOUTH CHINA SEA
Mr. REID. Mr. President, I ask unanimous consent that the Foreign
Relations Committee be discharged from further consideration of S. Res.
524, and the Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 524) reaffirming the strong support
of the United States for the 2002 declaration of conduct of
parties in the South China Sea among the member states of
ASEAN and the People's Republic of China, and for other
purposes.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Mr. President, I ask unanimous consent that the resolution
be agreed to, the Webb amendment to the preamble be agreed to, the
preamble, as amended, be agreed to, the motions to reconsider be laid
upon the table, with no intervening action or debate, and any related
statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 524) was agreed to.
The amendment (No. 2779) was agreed to, as follows:
(Purpose: To amend the preamble)
In the preamble, strike the 6th whereas clause and all that
follows through the end and insert the following:
Whereas ASEAN plays an important role, in partnership with
others in the regional and international community, in
addressing maritime security issues in the Asia-Pacific
region and into the Indian Ocean, including open access to
the maritime domain of Asia;
Whereas the South China Sea is a vital part of the maritime
domain of Asia, including critical sea lanes of communication
and commerce between the Pacific and Indian oceans;
Whereas, in the declaration on the conduct of parties in
the South China Sea, the governments of the member states of
ASEAN and the Government of the People's Republic of China
have affirmed ``that the adoption of a code of conduct in the
South China Sea would further promote peace and stability in
the region'' and have agreed to work towards the attainment
of a code of conduct;
Whereas, pending the peaceful settlement of territorial and
jurisdictional disputes, the member states of ASEAN and the
People's Republic of China have committed to ``exercise self-
restraint in the conduct of activities that would complicate
or escalate disputes and stability, including, among others,
refraining from action of inhabiting presently uninhabited
islands, reefs, shoals, and other features and to handle
their differences in a constructive manner'';
Whereas, pending the peaceful settlement of territorial and
jurisdictional disputes, the member states of ASEAN and the
People's Republic of China affirmed their commitment ``to the
freedom of navigation in and overflight of the South China
Sea provided for by the universally recognized principles of
international law, including the 1982 UN Convention on the
Law of the Sea'';
Whereas, although not a party to these disputes, the United
States has national interests in freedom of navigation, the
maintenance of peace and stability, respect for international
law, and unimpeded lawful commerce;
Whereas the Government of the People's Republic of China
has recently taken unilateral steps to declare the Paracel
and Spratly Islands, and their adjacent waters to be a
prefectural-level city, and has identified government leaders
to assert administrative control over 200 islets, sandbanks,
and reefs and 2,000,000 square kilometers of water;
Whereas the Central Military Commission in China also
announced the deployment of a garrison of soldiers to this
area; and
Whereas these steps are contrary to agreed upon principles
with regard to resolving disputes and impede a peaceful
resolution of the sovereignty disputes in the South China
Sea: Now, therefore, be it
The preamble, as amended, was agreed to.
The resolution with its preamble as amended, reads as follows:
S. Res. 524
Whereas the Association of Southeast Asian Nations (ASEAN)
plays a key role in strengthening and contributing to peace,
stability, and prosperity in the Asia-Pacific region;
Whereas the vision of the ASEAN Leaders in their goals set
out in the ASEAN Charter to integrate ASEAN economically,
politically, and culturally furthers regional peace,
stability, and prosperity;
Whereas the United States Government recognizes the
importance of a strong, cohesive, and integrated ASEAN as a
foundation for effective regional frameworks to promote peace
and security and economic growth and to ensure that the Asia-
Pacific community develops according to rules and norms
agreed upon by all of its members;
Whereas the United States is enhancing political, security
and economic cooperation in Southeast Asia through ASEAN, and
seeks to continue to enhance its role in partnership with
ASEAN and others in the region in addressing transnational
issues ranging from climate change to maritime security;
Whereas the United States Government welcomes the
development of a peaceful and prosperous China which respects
international norms, international laws, international
institutions, and international rules, and enhances security
and peace, and seeks to advance a ``cooperative partnership''
between the United States and China;
Whereas ASEAN plays an important role, in partnership with
others in the regional and international community, in
addressing maritime security issues in the Asia-Pacific
region and into the Indian Ocean, including open access to
the maritime domain of Asia;
Whereas the South China Sea is a vital part of the maritime
domain of Asia, including critical sea lanes of communication
and commerce between the Pacific and Indian oceans;
Whereas in the declaration on the conduct of parties in the
South China Sea, the governments of the member states of
ASEAN and the Government of the People's Republic of China
have affirmed ``that the adoption of a code of conduct in the
South China Sea would further promote peace and stability in
the region'' and have agreed to work towards the attainment
of a code of conduct;
Whereas pending the peaceful settlement of territorial and
jurisdictional disputes, the member states of ASEAN and the
People's Republic of China have committed to ``exercise self-
restraint in the conduct of activities that would complicate
or escalate disputes and stability, including, among others,
refraining from action of inhabiting presently uninhabited
islands, reefs, shoals, and other features and to handle
their differences in a constructive manner'';
Whereas pending the peaceful settlement of territorial and
jurisdictional disputes, the member states of ASEAN and the
People's Republic of China affirmed their commitment ``to the
freedom of navigation in and overflight of the South China
Sea provided for by the universally recognized principles of
international law, including the 1982 UN Convention on the
Law of the Sea'';
Whereas although not a party to these disputes, the United
States has national interests in freedom of navigation, the
maintenance of peace and stability, respect for international
law, and unimpeded lawful commerce;
Whereas the Government of the People's Republic of China
has recently taken unilateral steps to declare the Paracel
and Spratly Islands, and their adjacent waters to be a
prefectural-level city, and has identified government leaders
to assert administrative control over 200 islets, sandbanks,
and reefs and 2,000,000 square kilometers of water;
[[Page S6012]]
Whereas the Central Military Commission in China also
announced the deployment of a garrison of soldiers to this
area; and
Whereas these steps are contrary to agreed upon principles
with regard to resolving disputes and impede a peaceful
resolution of the sovereignty disputes in the South China
Sea: Now, therefore, be it
Resolved, That the Senate--
(1) reaffirms the strong support of the United States for
the 2002 declaration of conduct of parties in the South China
Sea among the member states of ASEAN and the People's
Republic of China;
(2) supports the member states of ASEAN, and the Government
of the People's Republic of China, as they seek to adopt a
legally binding code of conduct of parties in the South China
Sea, and urges all countries to substantively support ASEAN
in its efforts in this regard;
(3) strongly urges that, pending adoption of a code of
conduct, all parties, consistent with commitments under the
declaration of conduct, ``exercise self-restraint in the
conduct of activities that would complicate or escalate
disputes and stability, including, among others, refraining
from action of inhabiting presently uninhabited islands,
reefs, shoals and other features and to handle their
differences in a constructive manner'';
(4) supports a collaborative diplomatic process by all
claimants for resolving outstanding territorial and
jurisdictional disputes, allowing parties to peacefully
settle claims and disputes using international law;
(5) reaffirms the United States commitment--
(A) to assist the nations of Southeast Asia to remain
strong and independent;
(B) to help ensure each nation enjoys peace and stability;
(C) to broaden and deepen economic, political, diplomatic,
security, social, and cultural partnership with ASEAN and its
member states; and
(D) to promote the institutions of emerging regional
architecture and prosperity; and
(6) supports enhanced operations by the United States armed
forces in the Western Pacific, including in the South China
Sea, including in partnership with the armed forces of others
countries in the region, in support of freedom of navigation,
the maintenance of peace and stability, respect for
international law, including the peaceful resolution of
issues of sovereignty, and unimpeded lawful commerce.
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