Prioritize Code of Conduct in South China Sea, PHL DFA Chief Urges ASEAN

(PNA) — Philippine Foreign Secretary Albert del Rosario urged fellow top diplomats of the Association of South East Asian Nations (ASEAN) on Tuesday to prioritize the crafting of a legally-binding code of conduct to prevent escalation of disputes in the South China Sea.

Del Rosario made the call in Kuala Lumpur as Foreign Ministers from the 10-member regional bloc gather for their annual meeting that will be capped by a security forum, which will be attended by its 17 multi-country dialogue partners, such as the United States, Japan and China later this week.

“The Code of Conduct should be our priority now if it is still to be relevant, practical and usable in the context of what is happening on the ground,” Del Rosario said as he called on the ASEAN to make “concrete initiatives” to expeditiously conclude a legally-binding document.

Del Rosario also called for the “effective implementation” of the Declaration on the Conduct of Parties in the South China Sea – a nonbinding political accord, also known as DOC, that was signed by China and the ASEAN in 2002 in lieu of a code of conduct.

“The situation of uncertainty in the South China Sea also behooves us to reach a common understanding on the practical meaning of the principles of non-use of force or threat of force and self-restraint in the DOC,” he said.

“International law and jurisprudence, and established best practices, provide adequate guidance to our efforts to operationalize these principles to address challenges on the ground,” he added.

The DOC accord discourages aggressive actions and calls on claimants to desist from building of new structures to prevent tensions.

However, the document is non-binding and does not have a conflict resolution mechanism that will discipline non-abiding states.

Del Rosario stressed the urgency for the passage of the code as he lamented the continuous “unilateral and aggressive activities” of China, which he only referred to as “the ASEAN’s northern neighbor in the South China Sea.”

China’s reclamation on at least seven contested reefs, he said, covers at least 800 hectares, a move that “undermined the peace, security and stability in the South China Sea.”

“Our northern neighbor has stated that these facilities will also meet its ‘necessary military defense’ so its statements that it has completed the land reclamations offer no comfort,” Del Rosario said. “In fact, they generate new uncertainties.”

Apart from the Philippines and China, Vietnam, Malaysia, Brunei and Taiwan are also disputed ownership either in whole or parts of the resource-rich waters, which is a major shipping route. (PNA) LGI/MDC/EDS