First of three parts
THE Association of Southeast Asian Nations (Asean) and China are “heavily invested” in the finalization of the 2026 Code of Conduct (COC) in the South China Sea (SCS), which has dragged on for the past 17 years because of some contentious issues.
This was how Foreign Affairs Secretary Ma. Theresa Lazaro described the commitment of Asean and China in the “termination of negotiations” for a COC during the Philippines’ chairmanship of Asean this year.
Asean is composed of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Timor-Leste, Thailand, and Vietnam.
The negotiation for a COC stemmed from the need to address mounting tension in the 1990s amid the overlapping claims in the contested Spratly Islands in the South China Sea.
The atolls, islets, and other features in the Spratlys — believed to be rich in oil and mineral deposits — are being claimed in whole by China and in part by Brunei, Malaysia, Vietnam, Taiwan, and the Philippines.
The COC timeline or milestones
The quest for a COC began in 2002 after the signing of the Declaration on the Conduct (DOC) of Parties in the South China Sea on Nov. 4, 2002, in Phnom Penh, Cambodia.
The Philippines’ signatory at that time was then Department of Foreign Affairs (DFA) secretary Blas Ople. For the Chinese side, it was Wang Yi, then special envoy and vice minister of foreign affairs. Wang is now China’s top envoy.
The DOC states that Asean and China reaffirmed that the “adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.”
The nonbinding DOC was considered to be more of a confidence-building measure to lay down a very important foundation of how Asean and China should work together in the South China Sea to maintain harmony in the region.
The parties recognized the need “to enhance favorable conditions for a peaceful and durable solution of differences and disputes” in the SCS. Hence, the need for a COC.
Under the DOC, they should “resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea (Unclos).”
Enforced in 1994, the International Maritime Organization said the Unclos laid down a comprehensive regime of law and order for the world’s oceans, including the establishment of rules for the allocation of States’ rights and jurisdiction in maritime spaces and the peaceful use of oceans and the management of their resources.
They should “undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability, including, among others, refraining from action of inhabiting the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner,” the DOC read.
Since 2002, the COC has undergone three phases.
Phase 1, which saw the signing of the DOC as its foundation. It took almost nine years, from 2002 to 2011, to craft the COC framework.
Phase 2, wherein the drafting of the COC began in 2012. By 2019, Asean and China had completed the crafting of the COC’s “table of contents.” It was under Thailand’s Asean chairmanship that they finished the first review or “first reading” of the draft COC.
Phase 3 covered the years 2020 to 2023, wherein new guidelines had been adopted to accelerate the deadline within which to finish the COC.
However, the COC discussion was stalled at the height of the Covid-19 (Coronavirus disease 2019) pandemic from 2020 to 2022.
It was in 2023, during Indonesia’s Asean chairmanship, that the bloc and China managed to approve the COC on “second reading.”
The Asean foreign ministers in 2023 have agreed that the COC should be finished within three years or in 2026 — which happened to be the Philippines’ turn to lead the regional grouping.
2026 ‘make or break’ year for Philippines to finalize COC
Geopolitical analysts viewed 2026 as a “make or break” year for the Philippines to finally realize Asean’s aspiration to sign the COC with China that would govern their actions in the SCS to maintain peace, stability and economic growth in the region.
Lazaro said as the 2026 Asean chairman, the Philippines has to build up consensus to overcome the difficult task of having Asean and China finally sign the COC. “Right now, we’re doing the role of a consensus-builder. So, let’s see. We’ll cross our fingers.”
The Philippines “will endeavor to conclude the negotiations of an effective, substantive code of conduct that is in accordance with international law, particularly the 1982 Unclos within this year,” Lazaro said.
“We are doubly, even triply working hard to make sure that there is something of a confluence or rather some kind of a consensus,” she said in a press briefing in January after the Asean Foreign Ministers Retreat held in Cebu City.
The so-called four “milestone issues” hampered the completion of the COC. These are: the geographical scope, the link between the DOC and the COC, the legally binding element or the characteristic of the COC, and the definition of self-restraint relative to the claimants’ action in the SCS.
Chinese Ambassador to Manila Jing Quan had said China and the Philippines hope to accelerate consultations on the COC.
“Reaching an agreement would lay a solid foundation for managing maritime differences and advancing bilateral relations,” he said.
“The COC has been under discussion for more than a decade. It is time to see real results. Both sides should keep the bigger picture in mind and work together to deliver,” Jing said.
Lazaro said the Philippines would be holding monthly consultations with China and fellow Asean members to address these milestone issues.
Some Asean members have expressed “willingness to host face-to-face meetings” to show their commitment to the COC completion.
She said the Philippines discussed this proposed monthly meeting with China and hoped that Beijing would agree to this.
“I don’t see any difficulties with that. I think everybody is trying to do their respective way on how to do things,” the DFA chief said.
Lazaro revealed that one of the Asean member-states has come up with a paper on one of the milestone issues. “So now everybody is trying to put in definitions, as well as possible areas of cooperation, in trying to address the milestone issues. We, the Philippines, we’ll just be open about it.”
Asean Secretary General Kao Kim Hourn, in November 2025, said the regional grouping looked forward to the conclusion of a binding COC during the Philippines’ chairmanship of Asean in 2026.
“We expect that this will conclude next year as we have agreed to try to conclude around July 2026, which is during the Philippines’ chairmanship,” Kao said during a press briefing with journalists attending the Asean Media Forum in Malaysia.
“We should not prolong the drafting of the COC. The process is very important. It is equally important as the outcome,” he stressed.
The COC “will make sure that the South China Sea will remain peaceful, stable,” he added.
“We have a non-binding DOC already. This is among other issues that need to be sorted out. I am sure we will finalize at some stage. I have every confidence to believe that this work will be finalized next year,” Kao said.
Asean Foreign Ministers’ vision in maintaining harmony in the region
Lazaro said during their meeting in Cebu City, her fellow Asean leaders “welcomed the positive momentum and progress achieved in the ongoing negotiations” on the COC.
“We will endeavor to conclude the negotiation of an effective and substantive COC that is in accordance with international law, particularly the 1982 Unclos, within 2026,” Lazaro said in a statement.
“We emphasized the need to maintain and promote an environment conducive to the COC negotiations, including the situation in the South China Sea, and thus welcomed practical measures that could reduce tensions and the risk of accidents, misunderstandings, and miscalculations,” Lazaro added.
She said they discussed the situation in the South China Sea, wherein they expressed concerns on “land reclamations, serious incidents in the area, including actions that put the safety of all persons at risk, damage to the marine environment.”
They said these incidents may “have eroded trust and confidence, increased tensions, and may undermine peace, security and stability in the region.”
“We reaffirmed the need to pursue peaceful resolution of disputes, in accordance with international law, particularly the 1982 Unclos,” Lazaro said in a statement.
“We emphasized the importance of self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the Declaration on the Conduct of Parties in the South China Sea that could further complicate the situation and escalate tensions in the South China Sea,” she said.
Lazaro said Asean reaffirmed the importance of maintaining and promoting peace, freedom of navigation in and overflight above the SCS, and recognized the benefits of having the SCS as a “sea of peace, stability, prosperity and sustainable development.”
BERNADETTE E.TAMAYO