COC unresolved as PH turns over Asean helm
The Philippines will hand over the Association of Southeast Asian Nations (Asean) chairmanship without delivering the long-awaited Code of Conduct (COC) on the South China Sea, leaving Singapore to resolve contentious provisions despite Manila’s claim that negotiations on the proposed pact are 80 percent complete.
Foreign Secretary Ma. Theresa Lazaro said on Sunday that negotiators had made substantial progress but remained divided on key issues, including the code’s geographic scope, definition of terms and whether it would be legally binding.
“Definitely, there’s no conclusion yet,” Lazaro said at a press briefing on the opening day of the three-day 49th Asean Summit at the Philippine International Convention Center in Pasay City.
She said the parties had reached provisional agreement on about 80 percent of the draft, up from roughly 50 percent when the Philippines assumed the Asean chairmanship, but acknowledged that the remaining differences would prevent its conclusion and signing before Manila turns over leadership to Singapore in 2027, when the regional bloc also marks its 60th year.
“We are pleased to report the substantial completion of the negotiations on the Asean-China Code of Conduct. The parties have reached provisional agreement on about 80 percent of the paragraphs of the draft,” she said.
Contentious provisions
The unresolved provisions are central to the effectiveness of the proposed pact pending since 1992, which is intended to guide the conduct of claimants and prevent incidents from escalating.
Without agreement on the COC’s scope, legal status and terminology, the parties cannot finalize the text or determine how its commitments would be applied.
Singapore will be next year’s Asean chair, followed by Thailand in 2028 and Timor-Leste in 2029.
Lazaro said some Asean members had reservations about the implications of a legally binding instrument, particularly the domestic ratification process it could require.
“Some have their sensitivities, like if you say that the document is legally binding, there is also a ratification process on the part of certain Asean member states,” she said.
Lazaro said another five to six months might have been enough to complete the negotiations, but acknowledged that the Philippines would not secure a final agreement before the chairmanship passes to Singapore.
She commended the delegations for their constructive engagement and recognized Malaysia and China, the COC’s cochairs, for steering the complex process.
The parties also reached a provisional understanding on the relationship between the proposed COC and the 2002 nonbinding Declaration on the Conduct of Parties in the South China Sea.
The code would serve as a guide for conduct and a platform for voluntary maritime cooperation under the United Nations Convention on the Law of the Sea (Unclos).
Lazaro stressed that the COC is intended as a mechanism for the constructive management of differences at sea, not as a means of settling territorial and maritime disputes.
Myanmar violence
The summit also called on forces in Myanmar to de-escalate violence and stop attacks against civilians, as Asean pressed for progress in implementing its Five-Point Consensus on the country’s continuing crisis.
Lazaro said Asean leaders underscored the need to protect civilians amid continuing hostilities and the worsening humanitarian situation following the military takeover in 2021.
The Five-Point Consensus calls for an immediate cessation of violence, constructive dialogue among concerned parties, the appointment of a special envoy, humanitarian assistance and a visit by the envoy to meet all parties.
Despite the bloc’s diplomatic efforts, fighting has continued, exposing divisions within Asean over how to address the crisis.
Asean has faced criticism over its inability to halt the violence or secure sustained access for humanitarian aid. The bloc has maintained that the Five-Point Consensus remains its main framework for engagement, although implementation has been limited and the crisis continues to test regional unity.
Historic milestones
Lazaro said the formal opening ceremony of the 49th Asean Summit on Sunday was marked by two milestones reflecting the bloc’s expansion and push for regional integration.
The first was the ceremonial unveiling of the updated Asean emblem and flag, which now feature an additional stalk representing Timor-Leste’s integration into the regional organization.
The second milestone was the handover of the Asean Digital Economy Framework Agreement (Defa), which Lazaro described as the world’s first region-wide digital economy pact.
The agreement seeks to strengthen digital trade and cross-border transactions and set common rules for digital services and businesses. The pact is also expected to improve opportunities for regional enterprises and consumers across the wider region.
Lazaro cited the framework as a major achievement of Asean with the Philippines as chair, as the bloc seeks to accelerate digital transformation and ensure that businesses, particularly small and medium enterprises, benefit from a more integrated regional economy.
Maritime center
The Philippines also pushed for the establishment of an Asean maritime center in Manila to strengthen regional coordination and information-sharing on maritime concerns.
The facility would help members address shared maritime challenges amid tensions and competing South China Sea claims.
The initiative complements Manila’s push for adherence to international law, particularly Unclos, and a rules-based regional order.
Call for unity
President Marcos called for stronger regional unity as he formally opened the summit, urging member states to pursue common objectives despite their differences and the challenges confronting the region.
“This is the core of what it means to be part of Asean: different nations moving with common purpose,” Mr. Marcos said.
The Philippines has placed regional unity, maritime security and economic resilience at the center of its 2026 chairmanship. —WITH REPORTS FROM ISABELLE PECHAY AND KATHLEEN DE VILLA
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