ASEAN ministers optimistic on SCS code, lack consensus on Myanmar violence

While expressing optimism over progress in talks for a "code of conduct" in the South China Sea, ASEAN foreign ministers voiced strong concern and were divided over the worsening situation and killings in Myanmar, according to a final draft of their communique.

Differences over the wordings on Myanmar held up the immediate issuance of a joint ASEAN communique after its foreign ministers held their annual meeting Wednesday in the Cambodian capital of Phnom Penh, a diplomat told GMA News Online.

The communique is traditionally issued at the end of the daylong meeting of the top diplomats of the 10-member ASEAN or early the following day.

The joint statement remained under negotiations Thursday night and a final draft seen by GMA News Online showed some ASEAN member countries pushing for stronger wordings while Myanmar constantly opposed such phrases.

“ASEAN condemns and was strongly disappointed by the execution of four opposition activists in Myanmar,” said a proposed paragraph in the draft communique.

“The implementation of the death sentences is highly reprehensible as it created a serious setback to and present a gross lack of will to support the efforts, particularly by the ASEAN chair, in expediting progress of the implementation of the five-point consensus,” the strongly worded wordings said which also “expressed our deepest condolences to the families of all victims.”

Myanmar wanted the wordings deleted, according to the draft.

Myanmar's military seized power in Feb.21, 2021 from Aung San Suu Kyi's elected government and jailed senior government officials, including Suu Kyi, and pro-democracy activisits.

The ministers also said in a proposed sentence that they were "disappointed that the Special Envoy was not granted access to all stakeholders, including President Win Myint and State Counsellor Daw Aung San Suu Kyi, in line with the Five-Point Consensus."

Myanmar also wanted that sentence removed.

On the negotiations for a code of conduct in the disputed South China Sea, ministers, according to the draft, "were encouraged by the progress of the substantive negotiations" within a "mutually-agreed timeline."

An earlier draft had the ASEAN foreign ministers, who held face-to-face meetings this week in Cambodia, aspiring to complete the code’s “second reading” by the end of this year.

However, that specific target was removed in the latest draft of the communique, which generally re-stated that the ministers "looked forward to the early conclusion of an effective and substantive COC that is in accordance with international law, including the 1982 UNCLOS."

"We emphasised the need to maintain and promote an environment conducive to the COC negotiations, and thus welcomed practical measures that could reduce tensions and the risk of accidents, misunderstandings, and miscalculation," the ministers said in the final draft of their communique.

The proposed code aims to prevent overlapping claims in the potentially-oil rich region from degenerating into violent confrontations, or worse, an economically devastating major conflict. Such fears remain reflected in the updated ASEAN draft communique.

"We discussed the situation in the South China Sea, during which concerns were expressed by some Ministers on the land reclamations, activities, serious incidents in the area, including damage to the marine environment, which have eroded trust and confidence, increased tensions, and may undermine peace, security, and stability in the region," it said.

"We reaffirmed the need to enhance mutual trust and confidence, exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability, and avoid actions that may further complicate the situation."

The South China Sea is a vital sea lane where oil and natural gas have been discovered in several areas.

Finalizing the code has acquired urgency due to series of confrontations between China and its smaller Southeast Asian neighbors with competing claims to the waters, like the Philippines, Vietnam and Malaysia. The other claimants include Brunei and Taiwan.

China asserts historical ownership of nearly 90 percent of the waters based on historical accounts.

In July 2016, an international arbitral court in The Hague, Netherlands invalidated China’s historical claim over the South China Sea. The decision angered Beijing, which refused to participate in the arbitration initiated by the Philippine government in 2013.

While ignoring the ruling, China has continued to beef up its presence in the contested territories, drawing concerns from countries, including the US, Japan, and Australia. —NB, GMA News