Code of Conduct shouldn't diminish rights, interests of 3rd party states — DFA

A code of conduct being negotiated by Southeast Asian states with China "should not diminish the rights and interests of third party states" in the disputed South China Sea, the Philippines said Wednesday.

Manila's statement is contrary to Beijing's view that the United States and its allies should stay away from the waters.

At a press conference Sunday, Chinese Foreign Minister Wang Yi called on the Philippines, current chair of the Association of Southeast Asian Nations (ASEAN), to "be aware of its responsibility, refrain from being distracted by its own self-interests, demonstrate its due commitment, and play a positive and constructive role in promoting regional peace and stability" as he noted that talks for the code have entered a "crucial phase."

Manila said it is committed to concluding an "effective, substantive, and legally binding" code within the year, in line with the agreed guidelines by the negotiating parties.

"The Philippines has always advocated that the COC should be consistent with international law, particularly UNCLOS, not carve out a special regional regime, not diminish the rights and interests of third-party states, and effectively govern behavior at sea," the Philippines' Department of Foreign Affairs (DFA) said in a statement.

China, which considers the sea disputes a purely Asian issue, is opposed to any foreign intervention, particularly from the US—a defense treaty ally of the Philippines.

The US and China are at odds over the long-seething territorial row in the strategic waters, where Beijing has turned several former reefs into artificial islands with military facilities, runways and surface to air missiles.

Although Washington is not a party to the disputes, it has declared that it is in its national interest to ensure freedom of navigation and overflight in the contested waters where China, Philippines, Vietnam, Malaysia, Brunei and Taiwan have overlapping claims.

The DFA said it is committed to ensuring that the South China Sea remains a sea of peace, stability, and cooperation and that it would work constructively with China and all members of the Association of Southeast Asian Nations (ASEAN).

A regional code of conduct (COC) aims to prevent conflicting territorial claims in the vast potentially oil-rich region from erupting into violent confrontations or, worse, an economically devastating major conflict. 

In its bid to deliver a COC by its 2026 target, the Philippines has increased the frequency of talks between the ASEAN and China, holding monthly in-person and virtual meetings. The last meeting was held in Singapore last February.

To ensure lasting peace and stability in the waters, the DFA urged all countries—big or small—to meet their obligations and responsibilities under international law, particularly UNCLOS, regarded as the global constitution for the seas signed by 162 nations, including the Philippines and China.

"Countries have to exercise self-restraint and avoid actions that could complicate the situation or increase tensions at sea," the DFA said.

The conclusion of the COC talks is a specially sensitive objective for the Philippines because of the spike in confrontations between the Chinese coast guard and navy and Philippine forces in recent years in the disputed waters. 

The DFA reiterated its "unequivocal" position in defending and protecting the country's sovereignty, sovereign rights and jurisdiction in the West Philippine Sea, an area of the South China Sea closer to the Philippine archipelago. 

To manage the disputes, Manila has proposed "practical cooperation" among all ASEAN states and China "in essential areas," such as maritime safety, marine environmental protection, search and rescue, and the well-being of seafarers, as well as in upholding freedom of navigation and overflight.

It said ASEAN unity and centrality are crucial in addressing regional maritime issues with China. — VDV, GMA Integrated News