Metro Manila (CNN Philippines, August 3) — The Association of Southeast Asian Nations (ASEAN) is expected to remain soft on China’s aggressive actions in the disputed South China Sea, as foreign ministers tackle regional issues in Manila this weekend.
An initial draft of the joint communiqué to be issued by ASEAN leaders on Saturday shows no mention of China’s militarization of contested islands.
CNN Philippines on Wednesday obtained a copy of the draft statement, which took note of “concerns expressed by some Ministers over recent developments in the area” and called on claimant countries to practice self-restraint.
Under the Lao chairmanship last year, the ministers expressed serious concern and spoke out against China’s militarization.
Maritime law expert Jay Batongbacal said the draft statement is disappointing, considering that the Philippines is this year’s chairman.
“Our silence on that issue is like an encouragement to China and a signal to China that it can go ahead and do what it wants,” said Batongbacal, director of the University of the Philippines Institute of Maritime Affairs and Law of the Sea.
“If we are not going to say anything about it, then there is even less reason for the other ASEAN members to say anything about it also,” he added.
Foreign Affairs Spokesperson Rob Bolivar said the joint communiqué may still change to reflect the outcome of the ministers’ meeting on Saturday.
“So, we’ll just have to wait until we actually see the Joint Communiqué or the Chairman Statement to see what actually comes out. But, as Chair, it is our role to make sure that there is an accurate reflection of what was discussed during these meetings,” Bolivar said during a Malacañang press briefing on Tuesday.
According to the Asia Maritime Transparency Initiative, created by a U.S. think tank to monitor developments in maritime security issues in the region, the construction of missile shelters, radar facilities, and other infrastructure are underway in several islands in the South China Sea as of June this year.
Aside from the Philippines and China, Taiwan, Vietnam, Malaysia, and Brunei also have competing claims in the South China Sea.
No mention of ruling
The draft statement also shows that the ASEAN will again skirt any mention of the arbitral ruling in favor of the Philippines, which China refused to recognize.
READ: What you need to know about the Arbitral Tribunal’s ruling
The administration of President Rodrigo Duterte has chosen a soft approach in pursuing the international arbitral award to pave the way for negotiations with the Chinese government. But Duterte has promised he will bring the issue up with China within his term.
READ: Duterte: Both PH and China cannot afford to go to war
During the 30th ASEAN Summit last April, Duterte as chairman toned down ASEAN’s statement to remove any reference to the arbitral ruling, which sources told CNN Philippines was upon the request of the Chinese embassy.
Code of Conduct pushed
Meanwhile, foreign ministers will task ASEAN and Chinese officials to “begin earnest discussions on a substantive and effective COC (Code of Conduct of Parties in the South China Sea) on the basis of the framework as soon as possible,” the draft statement read.
The framework was completed last May in Guiyang, China, marking a significant development in the 15-year process of drafting a legally binding code for claimants in the disputed waters.
READ: China, ASEAN agree on South China Sea code framework
It is expected to be endorsed to the regional bloc’s leaders by August 6, as part of the 50th ASEAN Foreign Ministers’ Meeting in Manila from August 2 to 8.
“Pending the conclusion of a substantive COC, we reaffirmed the importance of maintaining peace, stability, security and freedom of navigation and overflight in and above the South China Sea,” the draft statement said.
CNN Philippines’ JC Gotinga contributed to this report.
