ASEAN to break impasse on S. China Sea code of conduct

ASEAN to break impasse on S. China Sea code of conduct

Martin Abbugao, Agence France-Presse, Bandar Seri Begawan

Southeast Asian foreign ministers want to break an impasse over a
code of conduct for China and other rival claimants to South
China Sea territories, a key military flashpoint in Asia,
officials said on Thursday.

The officials preparing for the Association of Southeast Asian
Nations (ASEAN) ministerial meeting on Monday said a new formula
was expected to be put forward to ease concerns by some of the
claimants on the geographic area to be covered by the code.

"The contentious issue is the geographic scope," an ASEAN
diplomat told AFP asking to remain anonymous.

Four ASEAN countries -- Brunei, Malaysia, the Philippines and
Vietnam -- along with China and Taiwan have laid claim to all of
part of the Spratly islands, a South China Sea chain between
Vietnam and the southern Philippines.

The chain is near vital shipping lanes and believed to sit
atop vast natural gas deposits.

Another island group, the Paracels, about some 300 kilometers
(180 miles) north of the Spratlys, are claimed by Vietnam and
China.

All claimants to the Spratlys except Brunei have troops
stationed on the islands, making it a potential military
flashpoint, according to defense analysts.

The adoption of a code to govern activities in the area to
prevent the rise of tensions has hit a snag due to disagreements
on whether the rules should cover only the Spratlys or only the
Paracels or both or other territories.

ASEAN ministers need to cobble together a common regional
position which would form the basis for talks with China, the
strongest military power among the claimants.

To skirt the difficult issue of geographic coverage, one
proposal is for the adoption of a code "without prejudice to
territorial claims and maritime regimes or jurisdictions"
recognized under the UN Convention on the Law of the Sea
(UNCLOS), an ASEAN senior foreign ministry official said.

The proposal, understood to be from the Philippines, is
expected to be tabled at an informal dinner meeting of senior
officials on Thursday, the official said.

Some countries have based their claims on the UN convention,
which provides that coastal states have economic rights over a
200-mile zone from their shores.

According to the first source, other claimants are also being
encouraged to come up with their own suggestions from which a
common position could be drawn.

"It would be nice for a final code to be on the tables of the
(ASEAN) heads of state" when they meet in Cambodia this year, the
diplomat said.

He said ASEAN seemed bent on resolving the long-standing
impasse over the code because "there seems to be fatigue on the
part of some countries."

Malaysian Foreign Minister Syed Hamid Albar said that if no
breakthrough was reached, Kuala Lumpur would propose a
declaration to be signed by the claimants expressing their
resolve to come up with a code.

He said the bone of contention was whether the scope should
cover the South China Sea, the Spratlys or any "disputed areas".

Malaysia wanted the coverage limited to the disputed areas
because the South China Sea is too vast, he said.

"When we talk about disputed area we are specifically
referring to the Spratlys, but there are some other countries who
think otherwise. So we have to find a way out," Syed Hamid said,
without mentioning the states.

Vietnam is understood to want to include the Paracels, where
it is at loggerheads with China.

Syed Hamid said the declaration would pave the way for the
peaceful use of the disputed territories.

"If we cannot arrive at a consensus... then we must be seen to
be doing something that contributes to the easing of tensions if
any, to contribute to the peace and stability in our region," he
said.