Manila Bulletin

Time for ASEAN to wake up

- By RICHARD JAVAD HEYDARIAN

REFLECTING on the power of words, the great German thinker Friedrich Nietzsche once said, “All I need is a sheet of paper and something to write with, and then I can turn the world upside down.” In internatio­nal diplomacy, particular­ly here in Asia, words do matter. And they matter a lot, especially if the topic at hand concerns sovereignt­y claims and territoria­l integrity.

In diplomacy, words are a gauge of the political will, internal coherence, and principles of sovereign states. This is precisely why seasoned diplomats and negotiator­s spend days, if not years, debating on the exact wording of treaties, agreements, resolution­s, and press releases by their respective government­s and organizati­ons.

Five decades into its conception, the Associatio­n of Southeast Asian Nations (ASEAN) isn’t only short on action, but it is increasing­ly – and alarmingly – also short on words. Last year, during Laos’ chairmansh­ip of the regional body, there wasn’t even a mention of the Philippine­s’ landmark arbitratio­n case against China.

Without a question, the ASEAN is not only failing to live up to expectatio­ns; it is also failing to fulfill its standard obligation­s: namely, ensure a rule-based, dialogue-driven management and resolution of disputes among regional states, both members as well as strategic partners.

The question now is: Beyond vacuous joint statements and photo-ops, what is the point of the regional body? Are we spending tens of millions of dollars every year for inconseque­ntial workshops? What happened to “ASEAN centrality”?

As early as 1992, ASEAN states vowed to develop common rules of the road in addressing the South China Sea disputes. Exactly a decade after, regional states along with China signed the Declaratio­n on the Conduct of Parties (DOC) in the South China Sea. Both of these declarator­y documents were clearly just a prelude to the developmen­t of a binding Code of Conduct (COC) as the ultimate reference point in effectivel­y managing, and if possible decisively settling, the maritime spats.

We are already in the year 2017, the 50th anniversar­y of the founding of the ASEAN and 15 years after the signing of the DOC. As of this writing, there has been no concrete movement towards even negotiatin­g the parameters and guiding framework of a COC – never mind a legally binding document per se. This is dispiritin­gly unacceptab­le for any self-respecting body of nations.

Time and again, I have heard senior regional officials, including from China, telling me that, “we need to be patient, diplomacy takes time.” Yet, on the ground, claimant states, particular­ly China, are changing facts on a daily basis. Deploying state-of-the-art engineerin­g, some claimant states are transformi­ng rocks into islands, sand into airstrips, and internatio­nal waters into a blue soil.

In an event of an Air Defense Identifica­tion Zone (ADIZ) declaratio­n, that means even transformi­ng internatio­nal air into sovereign space. And yet, there doesn’t seem to be any urge, among Southeast Asian states, to directly and collective­ly call upon belligeren­t states to respect the spirit and the letter of internatio­nal law and existing agreements, including the COC.

Lamenting the “illusion” of ASEAN centrality, Singaporea­n diplomat Barry Desker has rightfully pointed out the glaring lack of cohesion and unity among regional states, primarily due to how the consensus-based decision-making principle has been hijacked by external powers, who “shape the positions of ASEAN members on regional issues such as the competing maritime claims in the South China Sea.”

As a claimant state, chairman of the ASEAN, and a pillar of internatio­nal law, it is incumbent upon the Philippine­s to steer a robust and honest conversati­on among regional states on a rule-based management of the South China Sea disputes. The alternativ­e is the rule of the jungle, where might makes right.

At the very least, this year, the regional body, at its 50th anniversar­y, should finalize a framework agreement of a COC and negotiate a clear timetable and finalize basic principles of a legally binding document between ASEAN and China. Otherwise, it’s time to bid goodbye to ASEAN centrality for once and for all.

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