Everyone wants to have peace, security in South China Sea: Philippine Foreign Secretary Lazaro

Key Concepts

• Code of Conduct (CoC) in the South China Sea: An agreement between ASEAN and China to manage disputes in the South China Sea.
• Declaration on the Conduct of Parties in the South China Sea (DOC): A non-binding agreement signed in 2002.
• Permanent Court of Arbitration (PCA): An international tribunal where the Philippines brought its case against China regarding the South China Sea.
• 2016 Arbitral Ruling: The PCA ruling that largely favored the Philippines and invalidated China's expansive claims in the South China Sea.
• ASEAN Chairmanship: The rotating leadership role within the Association of Southeast Asian Nations, held by a member state for a one-year term.
• Working Group Meetings & Senior Officials Meeting (SOM): Levels of discussion and negotiation within ASEAN processes.
• Rule of Law: The principle that all individuals and institutions are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
• Visiting Forces Agreement (VFA): An agreement between the Philippines and the United States that governs the conduct of U.S. military personnel temporarily in the Philippines.
• Mutual Defense Treaty: A treaty between two or more nations that guarantees mutual defense in case of an attack.

Progress and Challenges in South China Sea Dispute Management

More than two decades after agreeing on the necessity of establishing guardrails for managing disputes in the South China Sea, ASEAN and China have yet to finalize a deal on these guardrails. The Philippines, a principal claimant, expresses optimism about making headway during its upcoming ASEAN chairmanship.

Philippines' ASEAN Chairmanship and the Code of Conduct

Foreign Secretary Maria Theresa Lazaro outlines the foreign policy objectives for the Philippines' term as ASEAN Chair. A key resolution from 2023 aimed for the completion of the Code of Conduct (CoC) with China within three years, setting a target of 2026. The Philippines' chairmanship coincides with this target year.

• Past Efforts: Since Malaysia's previous chairmanship, there have been ongoing meetings and discussions at the working group and Senior Officials Meeting (SOM) levels.
• Current Status: Lazaro acknowledges that many issues remain to be discussed. However, she emphasizes that the Philippines, as the incoming chair, still has time to address these matters with other ASEAN member states.
• Philippines' Intent: The Philippines intends to continue joint working group meetings and explore the possibility of finalizing the Code of Conduct.

Diversity within ASEAN and Consensus Building

The text highlights the significant diversity among ASEAN member states, which complicates consensus-building on issues like the South China Sea Code of Conduct.

• Internal Differences: These differences include:
  • Geography: Continental vs. maritime ASEAN countries.
  • Economic Disparities: Huge differences in economic output.
  • Cultural and Social Factors: Variations in religious beliefs and ethnic makeup.
  • Economic Dependence: Different degrees of reliance on China as a major trade partner.
• Philippines' Approach: Despite these challenges, the Philippines believes that consensus can be built through dialogue. Lazaro points to the successful, albeit non-binding, resolution of the situation through the 2002 Declaration on the Conduct of Parties (DOC) as evidence that difficult agreements are possible.
• Legally Binding CoC: The Philippines views the CoC as needing to be legally binding, distinguishing it from the non-binding DOC.
• Shared Goal of Peace: Lazaro asserts that despite internal differences, there is a universal belief among ASEAN member states in the importance of peace and security in the region. Their consistent attendance and contributions to discussions are seen as a testament to this shared desire.

The 2016 Arbitral Ruling and Regional Response

The discussion delves into the Philippines' proactive approach to dispute resolution and the subsequent regional response to the 2016 arbitral ruling.

• Philippines' Legal Action: The Philippines took the unusual step of bringing its case to the Permanent Court of Arbitration (PCA) in 2013, resulting in a favorable ruling in 2016.
• Lack of Unified ASEAN Response: Notably, ASEAN has not presented a unified response to this ruling, which was a legal victory for the Philippines and potentially for other claimant states.
• Expected Unity: The speaker expresses surprise at the lack of expected support and unity from a region facing similar challenges.
• Underlying Support for the Ruling: Lazaro clarifies that while some ASEAN member states may not be vocal about their position on the arbitral award, many do agree with and believe in its validity. Some even use it in their bilateral discussions.
• International Support: Beyond ASEAN, numerous like-minded countries have supported the arbitral award and emphasized its importance, using it in various international forums and decisions.

Foreign Policy Pillars and Security Guarantees

The Philippines' foreign policy is framed around key pillars, with a particular focus on national interests and the rule of law.

• National Interests: This is identified as a primary focus.
• Rule of Law: This is presented as a crucial principle, ensuring the equality of all countries regardless of size. Lazaro emphasizes that the rule of law is the only recourse for smaller nations when might does not make right.
• Security Guarantees: The limitations of arrangements with countries other than the United States are acknowledged. While other countries can offer support, they do not provide the same concrete security guarantee as a mutual defense treaty with Washington.
• US Alliance and VFA: The Philippines' sole treaty ally is the United States. The Visiting Forces Agreement (VFA) is highlighted as enhancing the military's suitability and facility for exercises, as well as strengthening its forces through shared equipment, all in service of protecting national interests.

The Primacy of the Rule of Law

The conversation strongly advocates for the rule of law as a fundamental principle, even in the face of its potential disregard by powerful nations.

• Rule of Law as an Equalizer: It is described as the "great equalizer," ensuring that sovereignty is respected irrespective of a country's size.
• Consequences of Non-Adherence: The speaker alludes to instances where the rule of law is not observed with impunity.
• Commitment to Rule of Law: Despite potential challenges, the Philippines remains committed to the rule of law, viewing it as the sole reliable foundation.
• Respect for Rule of Law Internationally: The Philippines believes that the rule of law is respected in many other international forums and by numerous countries, and therefore, it cannot be dismissed.
• Distinction between Might and Right: The core argument is that "might does not make it right," but rather, "right is being responsible for doing things correctly."

Conclusion

The Philippines, as the incoming ASEAN Chair, aims to leverage its position to advance the Code of Conduct negotiations in the South China Sea, despite the inherent diversity and complexities within ASEAN. The nation remains steadfast in its commitment to the rule of law as a cornerstone of its foreign policy and a vital principle for international order, even when faced with challenges from more powerful states. The discussion underscores the Philippines' strategic reliance on its alliance with the United States for security guarantees while also emphasizing the importance of bilateral agreements like the VFA for enhancing its defense capabilities.