Significant progress made on sea code – Asean

MANILA, Philippines - By agreeing on the need for a code of conduct in the West Philippine Sea and South China Sea even in the face of an unreceptive China, the Association of Southeast Asian Nations  (ASEAN) – during its recent summit – had achieved “significant progress” in efforts to ease tensions and maintain regional stability.

ASEAN Secretary-General Le Luong Minh made the observation at a press briefing in Bandar Seri Begawan in Brunei where the 22nd summit of the regional bloc was held. The summit ended on Thursday.

“Leaders have arrived at a consensus on the issue and have agreed to continue engaging China for consultations and dialogues to ensure full and effective implementation of the Declaration of Conduct (DOC) and moving towards the conclusion of a Code of Conduct,” the Borneo Bulletin quoted Le as saying.

Brunei, Vietnam, the Philippines and Malaysia have overlapping claims in the West Philippine Sea and the South China Sea. China’s claim practically covers the entire South China Sea and West Philippine Sea, including its neighbors’ coastlines.

Le said ASEAN leaders had agreed to further discuss maritime issues as well as thresh out ways to strengthen strategic partnership among member-countries, in a ministerial meeting.

“All this has ASEAN consensus and if you look at what happened last year and what we have been able to achieve now, it shows the importance of unity in ASEAN and its efforts to maintain its centrality as well as its ability to play a central role in regional and international affairs,” he said, referring to the bloc’s failure last year in Cambodia to reach a common stand on maritime issues with China.

He said ASEAN’s position on maritime issues, including the adoption of a COC, is consistent with the United Nations Convention on Law of the Sea (UNCLOS) and with ASEAN’s own six-point principles.

Under Brunei’s chairmanship this year, he said the leaders were able to agree on the Six-Point Principles in resolving maritime issues with China.

“That is an important step and is a reflection of unity and maturity of the association,” he pointed out. “The next move of ASEAN is getting China to engage in early stages of negotiations,” he added.

Asked what would be done if China rejects negotiations, Le said ASEAN would keep on pushing for peaceful solution to disputes.

“So we will strive to invite China to engage in this process and we hope to get a peaceful solution to the issue of the South China Sea,” he added.

He said there are two aspects that need to be considered in dealing with the maritime issue.

“One is the dispute between claimant states,” the Borneo Bulletin quoted him as saying. “The other aspect that ASEAN is engaging in is one of peace and stability for the region,” he added. 

“So the DOC (declaration on the conduct of parties) and the future COC that we are trying to achieve is not one of settling claims, but is one of achieving stability for ASEAN, for the whole region, and at the same time it’s an issue of safety and maritime security,” he explained.

“This is because here you find in the South China Sea very important international sea lanes where you find populations of all the world’s major trading partners and the involvement, concern and the interest of all the major powers, including the five permanent members of the UN Security Council,” Le said.

“That is the second part of the issue, which cannot be discussed by just any two parties, because the number of countries involved is more than two.”

July breakthrough

In Manila, the Department of Foreign Affairs said it is optimistic that by July, the newly formed Arbitral Tribunal shall have ruled if it has the power to resolve the Philippines’ territorial dispute with China.

Foreign Secretary Albert del Rosario voiced his optimism even as he accused China of establishing a “de facto occupation” of Panatag Shoal, which is also called Bajo de Masinloc or Scarborough Shoal.

“We expect very soon that the Arbitral Tribunal will be able to ascertain whether they have jurisdiction of the case that we filed. And we are very confident of our position,” Del Rosario said.

“By July, this (jurisdiction issue) would be determined, they (arbitrators or members of tribunal) have to determine whether it falls within the Arbitral Tribunal jurisdiction,” he said.

“The five arbitrators have been appointed. What they need to do is sit down and be able to discuss among themselves how to organize, and what rules to apply to themselves. We expect that that will be done rather quickly,” Del Rosario maintained.

He said China would be at the losing end if it continues to ignore international arbitration.

“I think we are all counting on the fact that China will do its utmost because China should be concerned about its reputation, in terms of respect for the rule of law,” he said.

He said China should prove that it would not derail an ASEAN-approved COC.

“The next step belongs to China. We have set this a long time ago. Now the time is ripe,” he said.

“I think the fundamental elements have been crystallized. We have been moving from that point,” Del Rosario told a news conference attended by Palace reporters and foreign correspondents, referring to the draft code.

“I think the ASEAN is fully ready to do this,” he stressed, noting that none of the 10 members of the regional bloc had opposed moves for the adoption of a code of conduct in the disputed waters.

“We are saying to China that we need to do this, we need to ensure that instruments are being properly implemented and discussed so that we can ensure to ourselves peace and stability, security and continued prosperity of the region,” he said.

He said Brunei Sultan Hassanal Bolkiah’s inclusion of maritime issues in this year’s ASEAN summit agenda was a “significant improvement” from last year’s summit.

“His majesty has been very straightforward in making sure that the issues are discussed,” Del Rosario said.

“I think there have been some steps taken forward (compared to 2012). The chairman himself has defined it as being major and important topic in terms of ensuring peace and stability and prosperity in region, that we should give priority to this and give focus,” he said.

On China’s incursion in Bajo de Masinloc, Del Rosario said Manila’s effort to resolve the issue through diplomatic and political means was unsuccessful and that the only option left appeared to be the filing of a case before an international body.

“I think that we have significantly moved to try and utilized all those approaches, got to a point where we went as far as the political and diplomatic approaches, we have exerted every possible effort there, but it yielded no results,” Del Rosario said.

“So we have filed an arbitration case. We are trying to proceed with that and we believe that it will yield results. What we are after is in terms of providing durable solution,” he explained.

“We have to take a position that we need to move in concert with what our legal advisers are able to provide us in terms of guidance and right now, they believe that we should give priority to the arbitration case.”

Philippine occupation?

Beijing, meanwhile, accused the Philippines yesterday of trying to legalize its “occupation” of islands in the West Philippine Sea, repeating that it would never agree to international arbitration.

Frustrated with the slow pace of regional diplomacy, the Philippines in January angered China by asking a UN tribunal to order a halt to Beijing’s activities that it said violated Philippine sovereignty over the islands surrounded by potentially energy-rich waters.

Claims by an increasingly powerful China over most of the South China Sea have set it directly against US allies Vietnam and the Philippines.  

Manila said on Thursday that a UN arbitration court had set up the tribunal which would hear the Philippines’ complaint, but China said this was an attempt to steal Chinese territory.

“The Philippine side is trying to use this to negate China’s territorial sovereignty and attach a veneer of ‘legality’ to its illegal occupation of Chinese islands and reefs,” China’s Foreign Ministry said in a statement on its website.

Manila asked the tribunal of the UNCLOS to order a halt to China’s incursions.

But according to China, UNCLOS did not apply in this case since what the Philippines was actually asking for was a decision on sovereignty.

“China’s refusal to accept the Philippines’ request for arbitration has full grounding in international law,” it said.

China had always believed that the two countries should resolve their dispute through direct talks, the ministry added. With Delon Porcalla