Asean seeks binding sea code by yearend
The Association of Southeast Asian Nations (ASEAN) wants a binding code of conduct for South China Sea claimants by yearend, President Duterte said, even as he admitted that any talk about a military buildup would be “useless.”
“No terms of reference but we want (a) code of conduct enacted at the very least before (the) end of this year so that everybody will feel comfortable sailing there,” Duterte said in a press conference last night at the Philippine International Convention Center in Pasay City.
“If not, then it (South China Sea) remains to be flashpoint,” he added.
Aside from the South China Sea, a resource-rich area where about $5 trillion worth of goods pass through every year, Duterte said other “flash points” in the world are the Korean Peninsula and the Middle East.
“For those who are peace-loving just like me, I don’t want trouble. You have to be very careful,” the Philippine leader said.
Duterte believes there is no point discussing China’s supposed military build-up in the South China Sea, noting that the Philippines does not have enough defense capabilities to prevent it.
“Whenever we talk about a buildup, it would be useless. It would be useless, except for fighting terrorism,” the Chief Executive said.
“It’s too late to join the fray. We do not have warheads,” he added.
ASEAN member countries and China signed the Declaration on the Conduct of Parties in the South China Sea in Cambodia in 2002 to resolve conflicting maritime claims peacefully.
More than 14 years later, the parties have yet to complete a binding code of conduct.
The framework will enumerate the key components of a code of conduct, a document needed to start the discussions among the signatories.
Philippine officials previously expressed hopes that a framework of the code would be finished during the country’s chairmanship of the ASEAN this year.
China claims historic rights over about 90 percent of the South China Sea, but this is being contested by the Philippines, Vietnam, Malaysia, Brunei and Taiwan.
To assert its claims, China rolled out an ambitious land reclamation program in at least seven reefs that are also being claimed by the Philippines, namely, Panganiban (Mischief), Zamora (Subi), Kagitingan (Fiery Cross), Kennan (Chigua), Mabini (Johnson South), Burgos (Gaven) and Calderon (Cuarteron).
In 2013, the Philippines questioned the legality of China’s maritime claim before an international arbitral tribunal, calling it “exaggerated” and “excessive.”
Last year, a Hague-based arbitral court ruled in favor of the Philippines and voided China’s maritime claim, but the Chinese government said it would not recognize the ruling.
Duterte previously said he is ready to temporarily set aside the arbitral decision to forge stronger ties with China. He clarified, though, that he would never sell out the Philippines’ interests in the South China Sea.
Last Thursday, Duterte said he would not discuss the arbitral court’s ruling on the South China Sea row during the ASEAN meet.
“Code of conduct, maybe. But arbitral, it’s only between China and the Philippines. So I’ll skip that. But the code of conduct at sea is another story,” he said.
Duterte also claimed that those who believe that China could be pressured to halt its activities in the South China Sea are just dreaming.
No to militarization, reclamation
There was no mention of China, but Southeast Asian leaders yesterday made it clear – at the conclusion of their summit – that they were against militarization and further land reclamation in the South China Sea.
In an updated draft of the chairman’s statement to be issued at the end of the summit, the leaders reaffirmed the importance of maintaining peace, stability, security and freedom of navigation as well as over-flight in the disputed waters, through which almost half of the world’s trade passes.
ASEAN also expressed serious concerns over recent developments and “escalation of activities” in the area, which may further raise tensions and erode trust and confidence among investments in the region.
“We reaffirmed the importance of enhancing mutual trust and confidence, exercising self-restraint in the conduct of activities, avoiding actions such as land reclamation and militarization that may further complicate the situation, and pursuing the settlement of disputes by peaceful means, without resorting to the threat or use of force, in accordance with the universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS),” the statement said.
But the statement did not include the phrase “full respect for legal and diplomatic process,” which was in an earlier draft statement seen on Wednesday.
China has objected to the phrase as it could be interpreted as reference to the ruling of the UN-backed Permanent Court of Arbitration invalidating China’s expansive claims in the South China Sea.
Four ASEAN member states reportedly disagreed when an earlier draft of the chairman’s statement made no mention of land reclamation and militarization – elements present in the statement issued last year in Laos.
The Department of Foreign Affairs (DFA) was mum on reported attempts by officials of the Chinese embassy in Manila to influence the content of the communiqué.
“I’m not aware of any representations by the Chinese embassy on the issue,” said Foreign Affairs spokesman Robespierre Bolivar.
Duterte had said the arbitral ruling was a non-issue at the meeting of the 10-nation bloc in Manila.
The leaders also took note of the “improvement of bilateral relations between some ASEAN member states and China,” probably referring to the Philippines.
They also welcomed the operationalization of the Joint Statement on the Application of the Code for Unplanned Encounters at Sea (CUES) in the South China Sea and the Guidelines for Hotline Communications among Senior Officials of the Ministries of Foreign Affairs of ASEAN Member States and China in Response to Maritime Emergencies in the Implementation of the Declaration on the Conduct of Parties in the South China Sea.
Furthermore, the leaders also underscored the importance of the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety. They also welcomed progress in efforts to complete a framework for the Code of Conduct in the South China Sea (COC) by the middle of the year to facilitate the adoption of the COC.
“We recognized the long-term benefits that would be gained from having the South China Sea as a sea of peace, stability and sustainable development,” the statement read.