Code of Conduct in the SCS

At this time when media and politics are dominated by bad news and man-made disasters, it is a whiff of fresh air to note that the negotiators of the Association of Southeast Asian Nations (Asean) and China are making progress in the lengthy negotiations for the drafting of the Code of Conduct (CoC) in the South China Sea.

With the Philippines as the rotational head of Asean until the end of the year, our very own Department of Foreign Affairs (DFA) may be cited for pursuing this effort for peace and development in the region, despite the obstructionist efforts of some Filipino politicians and officials.

It was reported then the DFA and Asean foreign ministers were conducting monthly meetings to thresh out many kinks in the draft accord.

Now, at the 49th Asean Summit’s first official press briefing, DFA Spokesperson for Asean Affairs Dominic Xavier  Imperial said their focus is on resolving the remaining 30% of the agreement.

“At the moment, we’re seeing a 70% completion of the negotiations, so we are at that stage,”  Imperial told reporters. “Looking at the remaining 30%, that  will be up to our negotiators on how they will be able to complete that.”

It would seem that negotiators were stuck with the same four hard talking points earlier identified by Foreign Affairs Secretary Ma. Theresa Lazaro in connection with the negotiations.  These are whether the agreement would be legally binding, its geographic scope, its relationship with the earlier document—the 2002 Declaration of Conduct of Parties in the South China Sea—and its terms of reference.

Following its confirmation that both Asean and China agreed in 2023 to accelerate the talks and conclude the long-delayed talks by the end of 2026, the DFA proceeded to host monthly talks.

Imperial also stressed that the accord should regulate the conduct of parties in the disputed waters while respecting the rights of countries outside the negotiations, meaning the “third parties.”

While Manila remains committed to completing the framework, equally important are the inclusion of its position on the issue and beneficial elements within the final document, he added.

Third parties, meaning countries outside of China and Asean, may have rights in international waters such as freedom of navigation and innocent passage, but these should not unduly delay the drafting of the CoC because the accords primarily concern the Southeast Asian region.

These “third parties” are the same interest groups referred to by then DFA Sec Teddy Boy Locsin in scrapping the China-PHL joint oil exploration talks, aside from alleged constitutional limitations.

Could it be that this “third party” is the United States, whose big businessmen are also salivating on the rich natural resources in the South China Sea, and although they are miles away from the SCS, are doing everything possible to exert their influence on Asean, shore up their presence here, and maintain their global hegemony.