Asean, China agree to avoid unplanned sea encounters
VIENTIANE – The 10-member Association of Southeast Asian Nations and China committed yesterday to avoid “unplanned encounters” in the South China Sea.
But the grouping and China, in a joint statement issued at the end of the ASEAN Leaders’ Summit in this Lao capital, avoided reference to a ruling of a UN-backed arbitral tribunal that invalidated Beijing’s nine-dash-line claim over nearly the entire South China Sea.
While this was seen as a victory for China, which had lobbied against the inclusion of the ruling, the Philippines had earlier said it no longer needed a joint statement from ASEAN that would call on Beijing to abide by the ruling.
Instead, the joint statement reaffirmed the commitment of ASEAN and China to the Code for Unplanned Encounters at Sea (CUES) to improve operational safety of naval ships and aircraft in the South China Sea “and ensure mutual trust” among the parties.
Yesterday’s joint statement stressed the importance of freedom of navigation and overflight, as provided by international law including the 1982 UN Convention on the Law of the Sea (UNCLOS), which both the Philippines and China have ratified.
The joint statement also recognized “that maintaining peace and stability” in the South China Sea “serves the fundamental interests” of ASEAN, China and the international community.
“We affirm that this effort contributes to our commitment to maintaining regional peace and stability, maximum safety at sea, promoting good neighborliness and reducing risks during mutual unplanned encounters in air and at sea, and strengthening cooperation among navies,” the statement declared.
Framework for code of conduct
Earlier yesterday, the Philippines and China stressed the need to craft a framework for a code of conduct for claimants in the South China Sea and to settle territorial disputes peacefully.
The Philippines released photographs of 10 Chinese ships around Panatag or Scarborough Shoal ahead of the meeting between ASEAN and China, but presidential spokesman Ernesto Abella said the issue was not discussed.
Defense Secretary Delfin Lorenzana said it was possible that China would push through with its reclamation plan in the area, which the arbitral tribunal declared in July as a common fishing ground.
“China was vigorously asking to begin with the code of conduct as well as Singapore, and our President… also expressed his approval of having this framework of code of conduct initiated,” Presidential Communications Operations Office Secretary Martin Andanar told a press briefing.
There is an existing Declaration on the Conduct of Parties in the South China Sea between ASEAN and China, but this is not legally binding – something the Philippines has been pushing.
The Philippines has won a case it filed against China before the Permanent Court of Arbitration in The Hague to clarify its maritime entitlements in the South China Sea.
‘Be on the side of peace’
“The trend is to resolve differences… there is now positive direction in our relations, and the ( code of) conduct in the South China Sea should happen next year after the framework of the code of conduct has been dealt with by the ASEAN region,” Andanar said.
Andanar said Duterte also called on his fellow leaders to “be on the side of peace.”
“International disputes should inspire us to work together with adherence to the rule of law and international governing bodies; put words into actions and be on the side of peace,” he quoted Duterte as saying during the meeting.
Andanar said Chinese Premier Li Keqiang was “stoically listening” when Duterte delivered the statement.
Asked why the Philippines released the photos in time for the meeting and what it would do next, Abella said “basically, it’s simply to announce that we are aware of the movements in the area” and that the presence of the ships, which were apparently not there for fishing, was being clarified with the Chinese government.
Abella said there were ongoing talks, including through the backchannel, to clarify the presence of the ships.
“At this stage, it is an ongoing conversation so it would be best to leave it there,” Abella said, adding: “The conversation proceeds toward a certain goal and that is eventually to be able to settle matters, it’s an ongoing process,” especially for former president Fidel Ramos, whom the President tapped to hold backchannel talks with Chinese representatives.
Asked how concerned the Philippines was about the ships and their movements, Abella said: “Enough to announce it.”
As regards the July 12 ruling of the arbitral tribunal, Andanar said there were also no categorical statements made for China to comply with the ruling.
In 2013, the Philippines under then president Benigno Aquino III questioned the legality of China’s sweeping nine- dash- line territorial claim, calling it “exaggerated” and “excessive.”
China has refused to honor the decision, calling it “illegal since day one.”
Duterte has expressed readiness to hold bilateral talks with China to settle the dispute. Leaders who attended the ASEAN-China meeting agreed that the South China Sea row should not define the relationship between the regional bloc and the emerging superpower.
“Relations are broader than any singular issue in terms of China and the ASEAN and China’s success is important to ASEAN and vice versa,” Andanar said.
“What was underlined by the countries like Singapore (and) the Philippines, was the importance of the rule of law and adhering to international bodies that govern this,” Andanar added.
When asked if the Philippines would push for the inclusion of the arbitral tribunal’s ruling in the ASEAN chairman’s statement, Abella replied: “There is a way of referring to these matters without specifically addressing it that way.”
The Philippines and China are embroiled in a territorial dispute over parts of the South China Sea, where more than $5 trillion in trade passes through every year. China claims historic rights over about 90 percent of the area while the Philippines, Malaysia, Vietnam, Brunei and Taiwan have overlapping claims.