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Philippines ready to propose more frequent Code of Conduct talks as ASEAN chair

Cristina Chi - Philstar.com
Philippines ready to propose more frequent Code of Conduct talks as ASEAN chair
This handout photo taken and released on July 2, 2024 by the Department of Foreign Affairs shows Philippine Foreign Affairs Undersecretary Ma. Theresa P. Lazaro (L) and Chinese Vice Foreign Minister Chen Xiaodong (R) shaking hands during the bilateral consultation mechanism (BCM) on the South China Sea meeting, in Manila. The Philippines and China agreed on July 2 to "de-escalate tensions" over the South China Sea, Manila said, following a violent clash in the disputed waters.
Photo by handout / Philippine Department of Foreign Affairs / AFP

MANILA, Philippines — Ready to inject fresh momentum into talks on a South China Sea code of conduct, the Philippines on Monday, November 17, signaled its willingness as ASEAN chair to meet more frequently — possibly weekly — to accelerate the process, though it acknowledged that such action would require agreement from other member states.

Ready to inject fresh momentum into talks on a South China Sea code of conduct, the Philippines, as ASEAN chair, signaled its willingness to meet more frequently—possibly weekly—to accelerate the process, though it acknowledged that such action would require agreement from other member states.

Foreign Affairs Secretary Theresa Lazaro told reporters the Philippines is prepared to propose more frequent meetings — if needed — to finish the code of conduct during its chairship in 2026. 

"Things are evolving [...] This will be continuously discussed, if we need to have it on a weekly basis, of course we will propose this to [the bloc]," Lazaro said.

The code of conduct aims to establish rules for managing South China Sea incidents, where Beijing's expansive claims overlap with the exclusive economic zones of the Philippines, Vietnam, Malaysia and Brunei. Negotiations have dragged on since 2017, and the code itself builds on a non-binding declaration signed in 2002.

ASEAN and China completed the third and final reading of the single draft text earlier this year with Malaysia as chair of the bloc. But several issues remain, chief among which is whether the framework will be legally binding.  

Foreign ministers of the region had promised to finish the COC within three years in 2023 — a deadline that falls in July 2026, coincidentally under Manila's chairship.

This 2023 commitment by ASEAN's top diplomats was recalled by Lazaro as she declined to answer whether Manila was confident the code of conduct would finally pass under its watch. "We have, of course, technically until July 2026, but it is indeed our intention. And I think it is also the aspiration of all of ASEAN and even China to finish and to come up with a code of conduct," the DFA secretary said. 

"There is already a sense among ASEAN and China that a code of conduct will be concluded," she said.  

One final meeting scheduled in China is expected to wrap up the Malaysia-led phase of the COC talks before negotiations transition to the Philippines. 

Besides disagreements on whether the code should be binding, disputes over its geographic scope and the definition of "self-restraint" have also stalled progress for years.

Lazaro stressed that as chair of the 11-member bloc next year, the Philippines will prioritize the region's interests over its own dispute with China in the West Philippine Sea. 

"Issues concerning our bilateral matters will be set aside because we are not talking to China as a bilateral partner," she said. "We are the chair of ASEAN."

Beijing — which claims the South China Sea in its near-entirety through its nine-dash line — opposes making the code legally binding. It has also proposed banning joint military drills with countries outside Southeast Asia and limiting oil and gas exploration to partnerships within the region, excluding foreign companies. 

ASEAN

CHINA

CHINA CODE OF CONDUCT

SOUTH CHINA SEA

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