DFA: China’s actions among reasons why Code of Conduct needed

The China Coast Guard's actions against the Philippine Coast Guard and other Philippine vessels in the West Philippine Sea are why there is a need for a South China Sea Code of Conduct, Foreign Secretary Enrique Manalo said.

The incidents were among the concerns raised by Philippine officials at the recent meeting of the ASEAN-China joint working group for the South China Sea Code of Conduct (COC), during which the Department of Foreign Affairs (DFA) said that the Philippines highlighted how China's actions infringe on its sovereignty and sovereign rights.

“Of course that’s all connected. Issues like these are definitely among the reasons we need a Code in place,” Manalo said.

These discussions not only involved the Philippines but also Malaysia, which currently chairs ASEAN, along with other countries asserting territorial claims in the South China Sea, such as Vietnam and Brunei.

The COC aspires to create a formal agreement among China and ASEAN claimants. However, negotiations have been ongoing for over 20 years without arriving at a conclusive agreement.

While the Philippines maintains its rights over the West Philippine Sea, other nations like Malaysia, Vietnam, and Brunei lay claim to parts of the South China Sea as well. Taiwan has similar claims, but China asserts ownership over nearly the entire South China Sea through its disputed “nine-dash line” historical map, a claim ruled illegal by a 2016 decision from the United Nations Arbitral Tribunal.

Despite the tribunal’s ruling, which China dismisses, Manalo affirmed that the Philippines stays dedicated to establishing a COC with China and its ASEAN counterparts. He pointed out that the recent three-day talks concentrated on crucial elements of the draft COC, including some "milestone issues."

A significant unresolved query is whether China will consent to making the COC legally binding, a requirement the Philippines has advocated for to ensure its efficacy. Reports have indicated that China prefers provisions in the COC related to its nine-dash line map, asserting that other nations should refrain from interfering in the South China Sea.

China has also voiced discontent regarding the participation of the United States, Japan, and other Western powers in the Philippines’ maritime conflicts.

Before any legal discussions can take place, Secretary Manalo emphasized the essential need to reach an agreement on the contents of the draft COC. “Before we tackle that particular topic, we have to understand what we aim to adopt. We need to review what the latest draft entails before we can confront that issue,” he said.

In 2023, ASEAN and China established guidelines to expedite the conclusion of the COC, which is projected to be finished within three years.

Looking to the future, the next round of negotiations will occur in Malaysia. In 2026, the Philippines will take over the leadership of ASEAN, facilitating ongoing discussions on the COC, which has been under refinement for several decades. — BM, GMA Integrated News