Draft of sea code completed
Commitment will make framework for COC in South China Sea binding – Cayetano
Senior officials from China and member-states of the Association of Southeast Asian Nations (ASEAN) have finalized a draft framework for the Code of Conduct (COC) in the South China Sea.
The draft framework was completed Thursday during the 14th senior officials’ meeting on the implementation of the Declaration on the Conduct of the Parties in the South China Sea (DOC). The consensus was reached ahead of the mid-2017 goal set by the leaders of ASEAN and China.
Foreign Affairs Secretary Alan Peter Cayetano said the word and commitment of one country to another will make the framework for the Code of Conduct (COC) in the South China Sea binding.
Of course, Secretary Cayetano pointed out that many
countries want the framework to be legally binding.
But for now, he said, in the absence of a world court, “let us start with it being binding.”
“A gentleman’s agreement,” the former senator emphasized. “There is a community arrangement wherein all of us signed.”
In a statement issued Friday, the Department of Foreign Affairs (DFA) welcomed the finalization of the draft framework while reaffirming the Philippine government’s commitment to working toward an effective Code of Conduct for the South China Sea.
According to the DFA, the draft framework contains elements which the parties have agreed upon and will now be presented to the foreign ministers of ASEAN and China at their Post-Ministerial Conference in Manila in August 2017 for their consideration.
Representatives for China and all 10 members of the ASEAN agreed to the framework in Guiyang in Guizhou province after two days of talks that began Wednesday.
The meeting was co-chaired by Chinese Vice Foreign Minister Liu Zhenmin and Singapore’s Permanent Secretary for Foreign Affairs Chee Wee Kiong.
In a press briefing, Liu, who is also the head of China’s delegation, explained that the draft framework “contains only the elements and not the final rules.”
Still, Liu emphasized that the conclusion of the framework is a “milestone in the process and is significant” as this will provide a good foundation for the next round of consultations.
He cautioned that the draft framework is an “internal document and nobody should publish it.”
“One reason is we will continue our consultation, and the other reason is we don’t want to see any interference with our future consultations,” Liu explained while adding that all parties have vowed to continue to constructively advance the negotiations toward the early conclusion of the COC.
He said all parties also agreed to continue to implement the DOC and reaffirmed plans to solve disputes via negotiation, manage differences with a regional framework of regulations, deepen maritime cooperation, and move forward COC negotiation to safeguard peace and stability in the region.
Liu expressed appreciation to President Duterte’s support for full and effective implementation of the DOC.
Liu Zhenmin made this remark after he and Chee co-chaired the 14th China-ASEAN Senior Officials’ Meeting Thursday.
The parties approved a paper on the establishment of three technological committees, agreed on outcomes of the trial application of the China-ASEAN senior diplomats’ hotline platform, and updated the 2016-2018 work plan.
Member states of ASEAN and China signed the DOC in November, 2002 in Cambodia after several years of prolonged negotiations. The DOC was essentially a compromise between the two positions of doing nothing and having a legally-binding agreement. The text of the DOC reveals three purposes: Promoting confidence-building measures, engaging in practical maritime cooperation, and setting the stage for the discussion and conclusion of a formal and binding COC.
This year marks the 15th anniversary of the signing of the DOC.
Prior to the meeting, the 21st Joint Working Group meeting on the implementation of the DOC was held.
Likewise, following the finalization of the draft framework during the 14th Senior Officials’ Meeting on the implementation of the Declaration on the Code of Conduct in the South China Sea and the 23rd China-ASEAN Senior Officials’ Consultation, China and the Philippines held their 1st bilateral consultation mechanism on the South China Sea issue.
According to Chinese Foreign Ministry spokesperson Hua Chunying, the two sides expect to have “friendly exchanges during this meeting on the relevant maritime issue and properly manage disputes through bilateral dialogues so as to create favorable conditions for the final settlement of the relevant dispute and ensure a good atmosphere for the sound and steady development of bilateral ties and the smooth progress of practical cooperation in various fields.”
During the talks, Beijing is expected to stand firm on its claim of sovereignty over nearly the entire body of water despite an international court ruling countering that assertion. The Philippines, meanwhile, says it will not invoke its legal victory for the time being and will focus on improving mutual trust and confidence.
With regard to the future relations of China and the Philippines, Cayetano expressed hope that the disputes will not affect the country’s relationship with its neighbors.
“We want to be friends to all and enemies to none; let’s isolate other problems; our relationship with China is not all or nothing that if we failed to agree on the South China Sea issue we no longer have any relationship,” Cayetano stressed.
He said the 1st bilateral consultation mechanism on the South China Sea issue between China and the Philippines is a good start.
“Eventually all issues you’ve been reading will form part of the consultation, but initially this is building of new contract; eventually we will arrive at the hard questions,” Cayetano explained.
Philippine Ambassador to China Jose Santa Romana will lead the Philippine delegation while China’s side will be headed by Vice Foreign Minister Liu. (With a report from PNA)