Will Cambodia once again undermine ASEAN’s position on the South China Sea?
The Association of Southeast Asian Nations (ASEAN) is set to convene its 32nd Summit in Singapore on April 28. The Diplomat has received draft copies of two important policy documents that are set to be released at the conclusion of the summit: the ASEAN Leaders’ Vision for A Resilient and Innovative ASEAN and the Zero Draft of the Chairman’s Statement of 32nd ASEAN Summit.
The Leaders’ Vision statement is a nine-page document divided into a preamble and five sections containing 37 points.
The preamble includes 10 key principles “that will underscore our collective vision and commitment to build a Resilient and Innovative ASEAN in 2018 and beyond.” Point two addresses a rule-based order and declares, “ASEAN shall promote the rule of law and uphold a rules-based regional order, anchored in respect for international laws and norms.”
Point three addresses peace and security in general terms and specifically focuses on nuclear weapons, noninterference in internal affairs of ASEAN member states, and maritime issues. Point three states “maritime cooperation are enhanced in accordance with internationally-accepted treaties and principles, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which are binding upon its Member States (emphasis added).”
The South China Sea is mentioned after the preamble in the first section that deals with peace and security. Point 5, Code of Conduct in the South China Sea, reads: “Work actively towards the conclusion of an effective Code of Conduct in the South China Sea.” That is the only reference in the Leaders’ Statement to the South China Sea.
On the face of it the South China Sea is not a contentious or even pressing issue. But the Chairman’s Zero Draft Statement tells a different story and reveals internal ASEAN fissures.
The Zero Draft Statement is divided into four major sections, Key Deliverables, ASEAN’s External Relations, Regional and International Issues and Developments, and Other Matters. Of the 25 points in the Zero Draft, seven are devoted to the South China Sea.
The preamble touches indirectly on the South China Sea. Here the draft states that ASEAN leaders reaffirmed their “full respect for legal and diplomatic processes, without resorting to the threat or use of force, in accordance with universally recognized principles of international law” including the 1982 UNCLOS.
Since the 2016 Arbitral Tribunal Award in the case brought by the Philippines against China, ASEAN has used the circumlocution “legal and diplomatic processes” to refer to the Arbitral Tribunal. This expression was taken out of the section on the South China Sea and moved to the opening of the ASEAN Chair’s statement to emphasize its importance.
The Zero Draft of Chairman’s Statement reviewed by The Diplomat was annotated with the interventions by member states indicating their support, rejection, or other comments on the wording. The seven points related to the South China Sea, for example contain 17 annotations from six of ASEAN’s 10 members.
Cambodia tops the list with seven interventions or nearly 44 percent of the total followed by the Philippines with three interventions, Malaysia and Vietnam with two each, and Indonesia and Singapore only one intervention each. There were no comments by Brunei, Laos, Myanmar, or Thailand.
Of the seven South China Sea related-points, only three, points 14,19 and 20, were left unchallenged.
