Japan-Pacific Islands Countries Cooperation on Maritime Law Enforcement
By Yurika Ishii
Published on 14 August 2023
1. Introduction
On 16 May 2023, Japan signed and exchanged Notes on the Project for Strengthening Capacity of Maritime Law Enforcement Agencies for Effective Maritime Crime Control in the Pacific Island Countries with Fiji, Kiribati, the Marshall Islands, the Federated States of Micronesia (FSM), Nauru, Palau, Solomon Islands, Tuvalu and Vanuatu. At the same time, Japan and the United Nations Office on Drugs and Crime (UNODC) entered into a funding agreement valued at $US 6 million. The primary aim of this accord is to enhance measures against maritime crime in the nine Pacific Island Countries and Territories (PICTs). Following the exchange, the Japan Coast Guard (JCG) for the first time dispatched officers, including its Mobile Cooperation Team members, to Kiribati in June 2023 to provide technical support to the Police Maritime Unit, Kiribati Police Service.
They are a part of Japan’s efforts to strengthen the maritime order in cooperation with these countries that share the vision of a Free and Open Indo-Pacific (FOIP). This cooperation will be coordinated with the Indo-Pacific Partnership for Maritime Domain Assessment (IPMDA), promoted by the Quadrilateral Security Dialogue (QUAD) members of Japan, the United States, Australia, India, and other regional partners.
The geopolitical landscape surrounding the Pacific Islands is a tapestry woven with intricate threads, intertwining the interests and actions of major global players, spanning historical ties, security concerns, and resource allocation. This article aims to shed light on the complex dynamics involving the Pacific Island countries, the United States, China, France, Australia, and New Zealand and the role of Japan.
2. Geopolitics of Major Powers Concerning Pacific Islands
a. General Background
The Pacific Islands consist of 14 countries with a population of approximately 10 million. They form a scattered archipelago across vast maritime areas. The combined Exclusive Economic Zones (EEZs) of the Pacific Island States cover approximately 30,569,000 km², equivalent to about 28 per cent of the global EEZs. The South Pacific region has a regional international organisation, the Pacific Islands Forum (PIF), established in 1971. The PIF has 14 member countries, including Small Island Developing States (SIDS), two regions of French Polynesia and New Caledonia, and Australia and New Zealand. This unique geography grants the region immense strategic importance for major players involved in global politics.
This region has rich fishing resources, yet the management of the area has been a significant challenge (see the PIF 2050 Strategy for the Blue Pacific Continent). Illegal, unreported and unregulated (IUU) fishing, drug trafficking, illegal migrants, and armed robbery at sea are increasing (see UNODC GMCP, 2016). Corruption is a serious issue in most of the societies, which supports the proliferation of those transnational crimes. The countries do not have the sufficient capacity to suppress these crimes effectively.
Against such a background, major maritime powers provide law enforcement assets to these countries. Such a maritime law enforcement cooperation may take various forms. Most general types, which could be done under non-binding arrangements, include joint patrols and information sharing. Capacity-building initiatives aimed at strengthening the capabilities of partner countries are another important type of maritime cooperation. Furthermore, States may forge more profound relationships, including ship-riders agreements and mutual legal assistance treaties (MLAT). They facilitate cooperation in areas such as law enforcement jurisdiction, extradition of criminals, or sharing of evidence.
b. Pacific Island Countries
Maritime law enforcement cooperation may be high politics as opposed to other forms of coordination such as humanitarian assistance and disaster relief. States are reluctant to concede their jurisdiction and authorities to other States, even when they do not have sufficient law enforcement assets. However, when it comes to the Pacific Islands, the severity of transnational maritime crimes is a grave concern as they directly threaten the livelihoods of the local population.
Countries in the region have bolstered their maritime law enforcement authorities to address these threats. For instance, in 2004, the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean entered into force and the member States established Western & Central Pacific Fisheries Commission (WCPFC) as a regional fisheries management organisation. The regulatory standards have become increasingly stringent as the issue of IUU fisheries gains serious attention in the region.
However, they generally have limited security assets. Countries such as Kiribati, Nauru, Micronesia, Palau, Samoa, Solomon Islands, Tuvalu, Vanuatu do not have their own military, while Fiji, PNG and Tonga do. Given this context, there exists an opportunity for major powers to engage in competition in offering law enforcement resources.
c. The United States, France, Australia and New Zealand
First, the US has been a significant power in the Pacific region for decades. It has military bases in Guam and Hawaii. It has engaged in regional security through its treaty alliances with Japan, the Republic of Korea (ROK), Australia and the Philippines. In addition, the US has concluded Compacts of Free Association (COFAs) with Palau, Marshall Island, and Federated States of Micronesia (FSM) (the Freely Associated States) after it terminated the United Nations Trust Territory of the Pacific Islands (TTPI) in the 1980s. Under the COFAs, the US committed to ‘full authority and responsibility for security and defense matters in or relating to’ these States. The Pacific Islands are a part of the US’s Indo-Pacific Strategy, which aims to promote “a free, open, transparent, prosperous, and resilient Pacific region.”
The United States has concluded maritime law enforcement agreements, including ship-rider agreements, with several countries. Ship-rider agreements authorise the law enforcement authorities of the coastal State board on a foreign law enforcement vessel. In addition, the United States Coast Guard (USCG) regularly exercises 13 bilateral fisheries law enforcement agreements with countries throughout the Pacific Islands. In 2022, the United States and the FSM signed the expanded ship-rider agreement, allowing the United States officers to act on behalf of the FSM to suppress illicit maritime activity when an FSM law enforcement officer is absent.
There are other significant actors in the region, which aligns with the United States. France maintains military bases in the Pacific and conducts regular joint exercises with regional partners. It also plays a role in regional security initiatives, particularly through its engagement with the PIF. Australia and New Zealand have a close relationship and significant interests in the Pacific Islands. Both countries were former regional governing powers, with New Zealand administering the Cook Islands and Niue, and Australia administering Papua New Guinea and Nauru. These historical ties have influenced the relationships and interactions between the countries in the Pacific. Both countries are leading in the PIF and regional peacekeeping efforts, disaster response, and development assistance programs. In June 2022, Australia, Japan, New Zealand, the United Kingdom, the United States launched the Partners in the Blue Pacific, which will expand their support to the region.
d. People’s Republic of China
On the other hand, China’s involvement in the Pacific Islands has increased in recent years as part of its expansion strategy. Beijing has been increasing its economic and diplomatic engagement with many Pacific Island nations through initiatives such as the Belt and Road Initiative (BRI) and the Pacific Aid Program (see UNDP Press Release). China has invested in infrastructure projects, provided loans, and extended its regional influence. Countries needed these aids because of the sea-level rise. China succeeded in letting the Solomon Islands and Kiribati cut off diplomatic ties with Taiwan and establish official relations with Beijing in recent years. Among Pacific Island States, Palau, Nauru, Marshall Islands and Tuvalu maintain their recognition of Taipei.
In this context, China has been actively working towards establishing robust arrangements for policing, security, and data communication cooperation with countries in the Pacific Island region. In May 2022, China published the Position Paper on Mutual Respect and Common Development with Pacific Island Countries. It was accompanied by China’s then Foreign Minister Wang Yi visiting ten nations in the region.
This commitment is outlined in the ‘Vision’ document draft, which sets forth key areas of focus for collaboration between China and these nations. Among other things, it includes Ministerial Dialogue on Law Enforcement on establishing a China-Pacific Island Countries Ministerial Dialogue on Law Enforcement Capacity and Police Cooperation to foster collaboration and exchange best practices in law enforcement.
The draft communique demonstrates the intended cooperation and engagement between China and the Pacific Islands in various areas, including technology, trade, environmental concerns, and public health. It additionally commits to collaboration in data networks, cyber security, and smart customs systems. It emphasises the importance of Pacific Islands adopting a balanced approach to technological progress, economic development, and national security. Chinese telecommunications company Huawei, which faces restrictions in several countries regarding its involvement in 5G networks, has encountered obstacles in its efforts to construct submarine cables or operate mobile networks in the Pacific region. Countries like Australia and the United States have presented alternative proposals for these sensitive infrastructures, citing national security concerns.
In March 2022, China and the Solomon Islands agreed on security cooperation, where China would provide law enforcement assets and military personnel to the Solomon Islands. The deal allows Chinese ships to stopover and replenish in the Solomon Islands. It also allows the relevant forces of China to ensure the safety of Chinese personnel and important projects in the Solomon Islands. In July 2023, China and the Solomon Islands signed a deal on police cooperation, which was a part of upgrading their relations to a ‘comprehensive strategic partnership.’
On the one hand, Pacific Islands have benefited from China’s investment. On the other hand, there are several concerns about China’s engagement with the region. It is reported that Chinese marine research vessels are surveying and spying on military assets. China is expanding its submarine cable projects and port constructions in the region. In March 2023, the FSM rejected a bid from a Chinese company, HMN Technologies (the former Huawei Technologies Marine Networks), for the East Micronesia Cable Project. Concerns regarding potential Chinese control over sensitive undersea communication cables influenced the FSM’s decision to reconsider the contract award.
In recent years, the growing presence of China in the Pacific has caused concerns among the United States, Commonwealth countries and France. These countries perceive China’s expansion as a potential challenge to their regional influence and interests. They have responded by increasing their diplomatic engagement, aid programs, and security cooperation with Pacific Island nations.
3. Japan’s Role and Position in the Region
Japan has regional interests and engagements as a significant economic and regional power in East Asia. It has historical ties with the region, as it had the Mandate for the Governance of the South Seas Islands under the League of Nations from 1920 to 1945.
Today, Japan provides significant development assistance to the region. It supports education, healthcare, disaster resilience, and capacity-building programs. Japan’s aid initiatives aim to enhance its influence, promote stability, and strengthen relationships with Pacific Island nations.
Following 2008, the Sasakawa Peace Foundation (SPF) became highly involved in enhancing maritime capabilities for the Micronesian sub-region, driven by geographical and historical factors mentioned earlier. The Micronesian States requested assistance from Japan to bolster their efforts in monitoring their EEZs and combating illegal fishing. During that time, Australia and the US were the only countries providing patrol boats to these countries. To navigate bureaucratic challenges and secure approval from Canberra and Washington, the Japanese government leveraged private organisations like SPF and Nippon Foundation, which granted them greater operational discretion and flexibility. In 2009, the International Committee for Establishment of Maritime Safety System in Micronesia was established through consultations with the three Micronesian nations, Australia and the US. As a result, Japan supplied small patrol boats to the FSM, Marshall Islands, and Palau in 2011. The JCG actively participated in training their Micronesian counterparts. In January 2023, it dispatched MCT to Palau to provide technical cooperation.
Afterwards, the Japan International Cooperation Agency (JICA), the implementing body for Official Development Assistance (ODA), has played a significant role in facilitating relations between Japan and the PICs. JICA now maintains offices in Fiji, Marshall Islands, Palau, Papua New Guinea (PNG), Samoa, Solomon Islands, Tonga, and Vanuatu.
Japan does not conclude the US-type law enforcement cooperation agreement with other countries. The JCG does not have an authority under Japanese domestic law to conduct law enforcement beyond Japanese maritime jurisdiction. However, as a part of the international cooperation, it has provided extensive law enforcement efforts.
The maritime law enforcement cooperation with the Pacific Islands can be situated within the broader picture of Japan’s FOIP plan. Moreover, Japan has increased its collaboration with its closest allies and partners, namely the United States and Australia, to operationalise FOIP in Oceania. Additionally, Japan, a significant provider of development assistance, has become a diplomatic and security ally for the Pacific Islands.
It is also noted that the National Security Strategy, published in December 2022, aims for the strategic use of ODA and other international cooperation (see National Security Strategy Section VI-2(1)(vii)). To implement this purpose, Japan adopted a new cooperation framework ‘Official Security Assistance (OSA)’ to support the security needs of the countries. Although maritime law enforcement cooperation is not categorized as security cooperation, it aligns with Japan’s stance of assisting developing countries for strategic purposes.
4. Assessment
Geopolitics undoubtedly plays a significant role in shaping maritime law enforcement efforts among major powers. The strategic interests, territorial disputes, and economic considerations of nations often influence their approach to maritime security. However, it is vital to recognise that categorising these endeavours solely as a power game oversimplifies the complex dynamics at play. Maritime law enforcement collaboration holds immense importance in safeguarding national interests and bolstering regional safety and security.
Efficient maritime law enforcement requires concerted efforts and cooperation among nations, regardless of their geopolitical differences. Threats of transnational organised crimes pose risks to individual nations and the stability and prosperity of entire regions.
Collaborative maritime law enforcement initiatives bring together major powers, regional stakeholders, and international organisations to tackle shared challenges and enhance security. Nations can strengthen their maritime surveillance, interdiction capabilities, and legal frameworks through information sharing, joint patrols, coordinated operations, and capacity-building programs. Such collaboration facilitates the swift exchange of intelligence, improves situational awareness, and enables prompt responses to maritime incidents, thus deterring and countering illicit activities.
Furthermore, effective maritime law enforcement contributes to coastal communities’ stability and prosperity by safeguarding their marine resources, promoting sustainable fisheries, and facilitating maritime trade. It helps create a conducive environment for economic growth, job creation, and social development.
While geopolitics may shape maritime law enforcement efforts, it is crucial to recognise the broader significance of collaboration in this realm. Beyond power games, cooperation among nations in maritime law enforcement is vital for ensuring regional safety, security, and stability. Nations can collectively address shared challenges, protect their interests, and foster a rules-based maritime order that benefits the international community as a whole.
* Yurika Ishii is Associate Professor at the National Defense Academy of Japan