China, Asean make progress on sea code

MANILA, Philippines - China and Southeast Asian countries have made progress in talks on a code of conduct for the disputed South China Sea, although the issue on whether it is legally binding still remains pending, acting Foreign Affairs Secretary Enrique Manalo said yesterday.

Almost the entire waterway, through which about $5 trillion in sea-borne goods pass every year, is claimed by China while Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims on some portions.

“We have made good progress on coming up with a framework for a code of conduct with China,” Manalo said, adding that the Association of Southeast Asian Nations (ASEAN) and China were more than halfway through identifying the contents.

“From a scale of 1-10, we are at the upper level. Remember, we were starting from zero in January. There have been a number of elements agreed upon and we would definitely have a framework on which to embark on a serious negotiation on a code of conduct,” he said.

Negotiators from China and ASEAN have met in Indonesia and Cambodia in the last two months to try to come up with a final draft, which could be approved ahead of the August meeting of Southeast Asian foreign ministers in Manila.

Manalo said the code should be legally binding.

“I think China still believes, is still in the position that it shouldn’t be legally binding. Frankly, from a negotiating point of view, I think it’s a little bit early to say,” Manalo added.

As the Department of Foreign Affairs (DFA) works to complete the framework by June, talks with Beijing are set next month to tackle “issues of concern regarding the South China Sea,” including China’s militarization of several manmade islands in the Spratly Islands – which the Philippines, US and Vietnam have objected to.

The bilateral mechanism is one of two dialogues held by China with claimant states. The other is with Vietnam.

US President Donald Trump and Chinese President Xi Jinping are expected to discuss Chinese ambitions in the South China Sea when they meet tomorrow and Friday at Trump’s Mar-a-Lago resort in Florida.

Research in Benham Rise

The Philippines approved the requests of the US and other countries to conduct marine scientific research in the Benham Rise area after compliance with requirements that include having a Filipino scientist on board, Manalo said yesterday during a forum of the Foreign Correspondents Association of the Philippines (FOCAP) at the Manila Diamond Hotel.

But he added that the requests from China for the same research were denied.

“Those are, of course, confidential but let’s just (say) they didn’t comply with all the requirements,” he said when asked the reason for the denial.

He declined to give the number of countries with approved research requests, saying, “I can’t answer the exact numbers but as long as the country complies with the requirements of the Philippines they will be allowed to conduct research in the area in question.”

Aside from the Filipino scientist requirement, he said researchers are also obligated to share the information they gathered.

“As long as they’re willing to do that, then we don’t see any reason why they can’t explore,” Manalo added.

Applications for research are usually declined after the concerned government agencies recommend it, citing the “non-involvement of Filipino scientists in the conduct of marine scientific research.”

The DFA Maritime and Ocean Affairs Office processes the applications “strictly for marine scientific research purposes and not for economic exploration.”

The Philippines had sent a note verbale to China, asking for explanation about Chinese vessels spotted in Benham Rise, after the Department of National Defense said that one vessel lingered there for three months from September to November.

“China reaffirmed that they recognize the sovereign rights of the Philippines over Benham Rise. That was clearly stated and was also mentioned that they have no dispute with the Philippines on that area,” Manalo said.

Chinese Foreign Ministry spokesperson Lu Kang said China fully respects the right of the Philippines to the continental shelf of Benham Rise and Beijing never challenged the relevant rights of Manila.

China also said the ship was carrying out “innocent” passage.