ASEAN draft statement makes no mention of PHL’s arbitration win

Some Association of South East Asian Nations leaders will express “serious concerns” over the “escalation of activities in the disputed South China Sea but the draft ASEAN chairman's statement indicates that there will be no mention of the July 12 arbitration ruling won by the Philippines against China.

The draft statement obtained by GMA News Online Tuesday also markedly devoted fewer paragraphs on the controversial issue and did not repeat the concerns by some leaders on the land reclamations on the disputed waters that was stressed in the communique issued last year when Laos, a known ally of China, hosted the annual gathering of leaders.

The Philippines is this year's chairman of the ASEAN Summit.

“We shared the serious concerns expressed by some leaders over recent developments and escalation of activities in the area which may further raise tensions and erode trust and confidence in the region,” the draft communique said.

“We reaffirmed the importance of enhancing mutual trust and confidence, exercising self-restraint in the conduct of activities, avoiding actions that may further complicate the situation, and pursuing peaceful resolution of disputes, including through full respect for legal and diplomatic processes, without resorting to the threat of use of force, in accordance with the universally recognized principles of international law, including the 1982 United nations Convention on the Law of the Sea (UNCLOS),” it added.

The language of the draft statement, however, may still change.

Department of Foreign Affairs spokesman Robespierre Bolivar told GMA News Online on Wednesday that "The Comunique is still being finalized and will be issued right after the Summit. So at this point we cannot say with certainty how the Communique will read in its final version."

Senior ASEAN diplomats are scheduled to meet starting Wednesday in Manila to further fine-tune and finalize the wordings of the statement.

The less hostile tone of the draft statement is consistent with President Rodrigo Duterte’s friendly overtones to China and his efforts to de-escalate tensions in the disputed waters between Philippines and China.

ASEAN leaders, according to the draft, will also reaffirm “the importance of freedom of navigation in and over-flight over the South China Sea.”

ASEAN groups the Philippines, Singapore, Thailand, Indonesia, Malaysia, Brunei, Vietnam, Laos, Cambodia and Myanmar. Of these 10, four, namely Philippines, Brunei, Malaysia and Vietnam, have disputes with China in the resource-rich waters.

The regional bloc’s ten leaders will also underscore “the importance of the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety.”

Leaders will also take note of the progress to complete a framework of the Code of Conduct in the South China Sea “in order to facilitate its early adoption within the ASEAN-China process.”

The arbitration decision handed down by a tribunal in The Hague last year ruled that China’s sweeping historical claims to the South China Sea is invalidated under the 1982 UNCLOS.

It also declared that Beijing violated the rights of Filipinos, who were blocked by Chinese Coast Guard from fishing in the disputed Scarborough Shoal off northwestern Philippines.

Duterte, however, has set aside the landmark ruling as he sought to revive relations with China, but has promised to take up the arbitral decision with Chinese leaders in the future.

At the summit in Laos on September 6 to 7, 2016, the leaders’ communique stated: “We remain seriously concerned over recent and ongoing developments and took note of the concerns expressed by some Leaders on the land reclamations and escalation of activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region.”

The leaders then also emphasized the importance of “non-militarization and self-restraint in the conduct of all activities, including land reclamation that could further complicate the situation and escalate tensions in the South China Sea.”

Former Foreign Secretary Albert del Rosario said the Philippines, currently hosting this year’s more than 140 meetings as ASEAN chairman, said it should initiate discussions on China’s militarization in the South China Sea and the arbitration decision, which heavily favored Manila.

Del Rosario, at a forum on Tuesday, said the Philippines should lead the ASEAN in taking a united stand against what he calls China’s “unlawful efforts to expand its footprint” throughout the disputed South China Sea.

The ASEAN, he added, must take a definitive and stronger stand on the issue due to the scale of China’s military buildup in seven of its newly-constructed artificial islands.

ASEAN marks an important milestone of celebrating half a century of its founding this year under the Philippines’ chairmanship and Del Rosario said this presents a good opportunity for the country to exert its influence on the 10-nation bloc and shine on the international stage.

Del Rosario said the Philippines, in setting the agenda for the meetings, should include discussions on the sea disputes and “utilize the principles” of an international arbitral decision.

Doing this, he said, will move diplomatic engagement forward. 

“We should utilize our leadership to be able to uphold the rule of law. The leadership of the Philippines will lose a lot of influence if we pass up that opportunity,” he said. —NB/KG, GMA News