Metro Manila (CNN Philippines, November 12) — Leaders of the Association of Southeast Asian Nations (ASEAN) and China may announce on Monday the start of talks for the long-delayed Code of Conduct (COC) on the South China Sea, ASEAN Secretary General Le Luong Minh told CNN Philippines Sunday.
“It is expected that this ASEAN-CHINA summit, the leaders of ASEAN and China will announce the start of negotiations of the COC,” Minh said in a one-on-one interview.
The 20th ASEAN- China Summit will be held at the Philippine International Convention Center (PICC) on Monday, November 13. Leaders from the ten ASEAN members and Chinese Premier Li Keqiang are expected to attend the high-level meeting.
The possible announcement comes as the region continues to seek to a solution to territorial issues in the contested waters.
The South China Sea dispute is one of the anticipated talking points for the summits, especially as five of the seven parties with claims to parts of or the whole sea are from ASEAN.
The creation of the COC will provide rules of behavior in the South China Sea pending the resolution of contesting sovereign claims. It aims to protect commercial and non-military activities in the disputed area.
Last August, ASEAN and China adopted a framework outlining the future code of conduct.
With the crafting of the framework, claimants are now a step closer to resolving the maritime row.
Minh said this was a “positive” development, after reclamation activities by China in disputed areas of the sea had led to heightened tensions in the region.
“While the ASEAN countries–especially the claimant countries– remain concerned about the complex developments on South China Sea at sea and on the ground that have eroded trust and confidence among the countries, we have seen recently a positive development with the adoption by the ministers of ASEAN and China of the framework of the future COC,” he said.
China has built facilities and reclaimed territories in parts of the sea. Last August, the ASEAN toughened its stance against these moves and denounced them in its joint communiqué.
Minh, however, emphasized it is important to ensure the code is legally binding, or else it may not do much.
A legally binding code of conduct would ensure countries that violate the code may be held accountable for their actions—something experts say may not sit well with China.
READ: ASEAN to push for legally binding South China Sea code of conduct
Chinese Foreign Minister Wang Yi said in August China would leave it to the ministers to decide if they want the code to be legally binding.
But Minh, who had made a similar statement before the COC framework was adopted, recalled the Declaration on the Conduct of parties in the South China Sea signed by the ASEAN and China in 2002. He said one reason it had not been beneficial was because it was not legally binding.
In August China had set preconditions for the beginning of COC consulations.
It said it would consider them if there are “no major disruption from outside parties” and the situation is “generally stable.”
Experts however, have expressed doubt China and ASEAN would reach a COC during the summit. They said such a development may be a long way off for the region.
READ: Experts doubt ASEAN, China will reach Code of Conduct on South China Sea during summit
With peace and stability as one of ASEAN’s main achievements, Minh said he hopes the issue will be resolved among the countries.
“We just hope that will– the realization of importance of peace and stability and security, not only for ASEAN also for China and for all countries concerned about the need for safety of navigation and freedom of overflights and maritime security cooperation,” he said.
CNN Philippines’ Regine Cabato contributed to this story.
