The Code of Conduct (COC) in the South China Sea (SCS) that Association of Southeast Asian Nations (ASEAN) member states are negotiating with China may be finalized as early as July next year during the Philippines’ chairmanship of the regional group.
“The code of conduct on the South China Sea that has been ongoing since 2017, we expect that this will conclude next year as we have agreed to try to conclude around July 2026, which is during the Philippines’ chairmanship,” ASEAN Secretary-General H.E. Dr. Kao Kim Hourn said on Thursday during the 9th ASEAN Media Forum in Kuala Lumpur, Malaysia.
According to the secretary general, the COC is derived from the Declaration on the Conduct of Parties in the South China Sea (DOC), which he noted as leaning more toward “confidence-building measures” and a “very important foundation” of how ASEAN and China should work together in the South China Sea.
“By 2017, they (ASEAN and China) agreed that the tensions kept rising. So it’s time to start negotiating for a real code of conduct. Then, of course, we had COVID. There are a lot of discussions on what needs to be in the COC in terms of the language, the structure, what it should derive, even the way they use the wordings and all that,” Kao said.
He explained that a major consideration before concluding the COC is to resolve whether it will be binding.
“I think that we need to finalize, of course, make sure that the COC is binding. One issue is whether it will be binding or non-binding. I’m sure this is something that will be in ongoing discussions. We have a non-binding DOC already. This is among other issues that need to be sorted out,” Kao said.
“I am sure we will finalize at some stage. I have every confidence to believe that this work will be finalized next year. I hope that it will be finalized next year during the Philippines’ chairmanship. We should not prolong the drafting of the COC. The process is very important. It is equally important as the outcome,” he added.
The ASEAN official further noted that under the current ASEAN chairmanship, Malaysia has been pushing to accelerate these negotiations through the convening of more meetings.
President Ferdinand Marcos Jr. earlier said the COC in the South China Sea would be the Philippines’ main agenda during its chairmanship.
“We are now in the process of putting together the different elements of where we think ASEAN should be focusing… So one of the things is the COC, for example. Number one for us. The other member states, that’s not as big a priority to them as it is to us. So, this is our chance to really promote that and to highlight that, and hopefully we will succeed,” Mr. Marcos said following his participation in the 7th ASEAN Summit and Related Summits from October 26 to 28.
