By JOVILAND RITA, GMA Integrated News
Member-states of the Association of Southeast Asian Nations (ASEAN) and China have agreed to complete a Code of Conduct on the South China Sea (SCS) by 2026 despite contentious issues that have delayed its creation, the Department of Foreign Affairs (DFA) said Thursday.
In an ambush interview,DFA Secretary Enrique Manalo was asked if the ASEAN and the Philippines already have China's commitment on having the Code of Conduct by next year. He said, "Well, we are all politically committed to achieving, having a code by next year. But we will see. We will try our best."
Asked further if China explicitly said it is in favor of completing the code by next year, Manalo replied, "Everyone has agreed that we would like to have a code by 2026, but we have to agree [on the code]."
However, Manalo was silent on the position whether the code should be legally binding or not.
According to Manalo, there are some issues that need to get the consensus of all countries to complete the Code of Conduct.
"Well, it is contentious in the sense that there are issues that need to get the consensus of all countries," Manalo said.
"But as the President said, we still have to address important issues such as the scope of the code, also the nature of the code and its relation to the declaration of the principles adopted in 2002 on the SCS," he added.
In August 2018, the ASEAN and China agreed toasingle draft of the COC, with an agreement reached inNovember 2018for both sides to finalize the document within three years, starting from 2019. No final document was agreed upon since then.
This month, ASEAN and China held three days of negotiations in Manila on a proposed Code of Conduct on the South China Sea.
The proposed code aims to set some rules to prevent the intensifying disputes in the South China Sea from spinning out of control and worsening into a major armed conflict that could involve the United States, an ally of the Philippines, and other Asian countries at odds with China.
The negotiations, however, have suffered delays and have dragged on for more than a decade.
"Let's see how we can finalize the negotiations or at least finalize the code by next year," Manalo said.
China, which considers the sea disputesapurelyAsianissue,is opposed to any foreign intervention, particularly from theU.S.
Four ASEAN member states—Malaysia, the Philippines, Vietnam and Brunei—are involved in the long-unresolved territorial disputes. China and Taiwan have similar claims virtually in the entire sea body, which is an important passageway for global trade and commerce.
The Philippines will assume the ASEAN chairmanship next year.
Diplomatic sources have said that the negotiations have advanced to the most contentious issues, called “milestones,” including the scope of the disputed waters it will cover and whether theCodeof Conduct should be legally binding or not.
"Our position has always been the code must be effective and substantive," Manalo said
Tensions continue as China claims almost all of the SCS, a conduit for more than $3 trillion of annual shipborne commerce, including parts claimed by the Philippines, Vietnam, Indonesia, Malaysia, and Brunei.
Parts of the SCS that fall within Philippine territory have been renamed by the government as West Philippine Sea (WPS) to reinforce the country's claim.
The WPS refers to the maritime areas on the western side of the Philippine archipelago including Luzon Sea and the waters around, within and adjacent to the Kalayaan Island Group and Bajo de Masinloc.
In 2016, the Permanent Court of Arbitration in the Hague ruled in favor of the Philippines over China's claims in the South China Sea, saying that it had "no legal basis."
China has refused to recognize the decision. — with a report from Michaela del Callar/ VDV, GMA Integrated News
