After more than 15 years of intermittent talks, ASEAN member nations and China are expected to endorse the for a non-binding code of conduct that commits to cooperation rather than confrontations in the contested , the Voice of America Khmer service has learned.
The draft framework is expected to be endorsed by ASEAN foreign ministers and China's foreign minister at the weeklong post-ministerial conference hosted by the Philippines, the current holder of ASEAN's revolving chairmanship. The meeting in Manila begins August 2.
A regional official who did not want to be named provided VOA Khmer with the draft framework of the code of conduct (COC), which would "establish rules-based framework containing a set of norms" to guide the conduct of parties and promote maritime cooperation in the South China Sea. The document is the outgrowth of and held in May in Guiyang in Guizhou.
And while the draft framework is a move forward in a process that began in 2002, , head of the ASEAN Studies Center at ISEAS-Yusof Ishak Institute in Singapore, said "this does not mean that the strategic trust gaps would narrow overnight."
Although the draft framework suggests that ASEAN and China can work together on a "sensitive issue," the draft framework is the first of many steps, Tang said, adding that the COC itself will take time to finalize, if it ever reaches that stage.
"The COC would only have meaning if it were legally binding, but it is unsure if the negotiating parties would be agreeable to a fair and just structure of managing relations in the South China Sea," Tang said.
The draft framework for the code of conduct calls for ASEAN members "to promote mutual trust, cooperation and confidence, prevent incidents, manage incidents should they occur, and create a favorable environment for the peaceful settlement of the disputes; to ensure maritime security and safety and freedom of navigation and overflight."
Work on the code was discussed at a meeting between U.S. Secretary of State Rex Tillerson and ASEAN foreign ministers in May. In a formal statement, the State Department said Tillerson and the ministers had “stressed the need for ASEAN Member States and China to ensure the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea in its entirety, and took note of efforts towards the early conclusion of a meaningful Code of Conduct in the South China Sea.”
At a subsequent briefing, State Department spokesman W. Patrick Murphy said the United States “of course, encourages the achievement of a full code of conduct in the South China Sea. But while that process is going, let’s give it room, let’s give it space, so it’s unencumbered by the very kind of actions in the disputed area that gives rise to tension and complicates a lasting solution.”
In a statement, the State Department added:
"The United States has consistently encouraged ASEAN and China to conclude an effective and meaningful Code of Conduct in the South China Sea, building upon the 2002 Declaration of Conduct of the Parties in the South China Sea.
"We understand that ASEAN and China have not agreed on the text of a Code of Conduct, but on an initial framework describing how such a document might be structured.
"A meaningful and effective COC would build upon the useful existing framework of the Declaration of Conduct, be compatible with international law, in particular as reflected in the Law of the Sea Convention, promote behavior essential to maintenance of peace and stability, and promote accountability for actions inconsistent with their commitments."
The draft framework refers to the (DOC) adopted in 2002, calling for "commitment to full and effective implementation of the DOC, respect for each other's independence, sovereignty and territorial integrity in accordance with international law, and the principle of non-interference in the internal affairs of other states." The COC, if finalized and signed, would supersede the DOC, which remains in force today.
ASEAN, the , is a regional group that promotes economic, political and security cooperation among its 10 members: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. ASEAN foreign ministers will join their counterparts from Japan, China and South Korea, a group which is known as ASEAN + 3. Foreign ministers from New Zealand, India and Australia will also attend next week's Manila sessions.
The ASEAN annual summit and the annual East Asia Summit are scheduled for November in the Philippines.