The Association of Southeast Asian Nations and China agreed in 2002 to work towards creating a Code of Conduct intended to reduce the risk of conflict in the South China Sea (SCS). The parties recognized the importance of a COC in the disputed waterway, where China’s expansive maritime and territorial claims clash with those of four Asean member states: Brunei, Malaysia, the Philippines and Vietnam.
The South China Sea carries tremendous strategic importance because one-third of the world’s shipping passes through it.
Although the COC has been a perennial agenda item for China and Asean, there seems no movement towards its realization. Negotiations for the agreement have stalled because of various reasons, most recently due to the Covid-19 pandemic, which made it more difficult to hold in-person meetings.
During his intervention at the 42nd Asean Summit Retreat Session in Labuan Bajo, Indonesia on Thursday, President Ferdinand R. Marcos Jr. tried to rally support for the early conclusion of the Code of Conduct between Asean and China, citing the “concerning” developments in the South China Sea. (Read, “PBBM rallies support for early completion of Asean-China Code of Conduct,” in the BusinessMirror, May 12,2023).
The President said Filipino vessels continue to face attempts to deny and obstruct their movement within the country’s Exclusive Economic Zone in the South China Sea from Chinese ships despite the existence of the Declaration of the Conduct of Parties (DOC) in the South China Sea.
The DOC was signed by Asean and China in 2002 to affirm their commitment to peaceful resolution of territorial and jurisdictional issues and to ensure freedom of navigation and overflight at the South China Sea.
“The Philippines has been clear and consistent about its serious concerns over recent developments in the South China Sea, especially infringements on our sovereignty, sovereign rights, and jurisdiction. These incidents have palpable consequences for the safety and welfare of our people, particularly our fisherfolk and coastal communities,” Marcos said.
To address this issue, Marcos said he is advocating for the enforcement of a rules-based maritime order anchored on the 1982 United Nations Convention on the Law of the Sea (Unclos).
Marcos earlier said such principles should be included in the COC, which is currently still being worked out. “We must ensure that the South China Sea does not become a nexus for armed conflict,” the President said.
China and Asean will intensify negotiations on a Code of Conduct for the South China Sea this year, Indonesian and Chinese officials said in February, amid continuing frictions in the strategic waterway. The announcement came after Indonesia’s Foreign Minister Retno Marsudi met with China’s new Foreign Minister Qin Gang in Jakarta.
Retno told the media after her meeting with Qin that Indonesia and Asean wanted to produce “an effective, substantive, and actionable” COC.
Qin said that the two sides would work with other Asean members to “accelerate consultations on the Code of Conduct in the South China Sea, and jointly maintain peace and stability in the South China Sea.”
Negotiators from Asean and China have so far produced a “Declaration” on a Code of Conduct (in 2002), “Guidelines on the Implementation of the Declaration” (in 2011), a “Framework” for a code (in 2017), and a “Single Draft Negotiating Text” (in 2018). However, despite China’s declarations and Asean’s eagerness to create a final Code of Conduct, nothing happened because China still refuses to deal with Asean as a group.
Observers said China benefits more from the status quo than it would from a binding agreement with Asean. Beijing prefers bilateral negotiations, which allows it to deploy its economic and military weight to maximum effect.
China’s growing maritime power has allowed it to dominate the waterway through intimidation and bullying. For example, Chinese coast guard ship last month blocked a Philippine patrol vessel steaming into a disputed shoal in the South China Sea, causing a frightening near-collision in the latest act of Beijing’s aggression in the strategic waterway.
“China has used the prospect of a COC as a Holy Grail to entice the region. The protracted process diverted their attention while Beijing advanced its strategic objectives,” said Huong Le Thu, a senior analyst with the Australian Strategic Policy Institute.
Pundits said no COC will be signed until China agrees to it. After 25 years of talks between China and Asean, there’s still no South China Sea Code of Conduct because China continues to stifle diplomatic efforts. No wonder a COC for the SCS remains as elusive as ever.
Image credits: AP