2ND OF TWO PARTS SINCERITY against self-interest. China and the Association of Southeast Asian Nations (Asean) have to deal with this dilemma if they are indeed resolved to end the almost 20-year-old journey to finish a Code of Conduct (COC) in the South China Sea (SCS). The "burden" to finalize the COC this year fell on the Philippines in 2023 when Asean leaders decided that the COC should be concluded in three years — or in 2026, which happened to be the Philippines' turn to lead the 11-member regional bloc. With a combined population of over 703 million as of March 2026, the Asean is composed of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Timor-Leste, Thailand and Vietnam. The completion of the COC dragged on for 17 years due to the so-called "milestone" issues, some of which were linked to the parties' need to protect their interests in the Spratly Islands in the SCS. The negotiation for a COC stemmed from the need to address mounting tension in the 1990s amid the overlapping claims in the SCS. China referred to the Spratlys as South China Sea Islands. 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 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 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. Some of the nagging contentious issues that stalled COC completion include geographical scope, the link between the DOC and COC, the legally binding element or characteristic of the COC, and the definition of self-restraint relative to the claimants' actions in the SCS. The reefs, atolls, and islets in the SCS — believed to be rich in gas and mineral deposits — are being claimed in whole by China and in part by Brunei, Malaysia, Vietnam and the Philippines. Taiwan also has a stake in the region. The Philippines, through the DFA, maintained that international law, particularly the 1982 United Nations Convention on the Law of the Sea (Unclos), should be upheld in the formulation of the COC. Enforced in 1994, the International Maritime Organization said 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. Foreign Affairs Secretary Ma. Theresa Lazaro, in January, said that Asean and China are "heavily invested" in "termination of negotiations" for a COC during the Philippines' chairmanship of Asean this year. China wants early conclusion The Chinese Embassy in the Philippines said the "consultation on a Code of Conduct in the South China Sea has reached critical time." The embassy, in an email to The Manila Times (TMT), expressed confidence that the parties would "follow the roadmap for the next stage of COC talks, speed up the negotiation, and reach an agreement as soon as possible." The Manila Times sought to interview Chinese Ambassador to the Philippines Jing Quan to seek his view on Beijing's involvement in the COC discussion. But the embassy said Jing's schedule was too tight and could not grant an interview. Hence, the TMT opted to email these questions to Jing: Is China sincere to conclude a COC with Asean; is the crafting of the COC this year doable amid the "milestone issues" hampering its finalization; who will benefit the most if the COC is finalized — Asean or China; and what are the factors that could further delay its completion? The TMT also asked the embassy if it could elaborate on the remarks of Chinese Foreign Minister Wang Yi when he urged the Philippines to "resist the pull of self-interest" in the COC deliberation. The embassy did not answer the TMT's queries point by point and instead replied in general terms. The embassy said China and Asean countries have maintained close communication on implementing the DOC and negotiating the COC. "All parties agree that safeguarding peace and stability in the South China Sea is of great significance, and support enhancing dialogue, exercising restraint, properly handling differences, strengthening mutual trust, and upholding maritime stability," the embassy said. "All these are ample proof that peace, cooperation and friendship should be the new narrative of the South China Sea. Making waves wins no hearts, and fomenting trouble finds no takers," it added. In a separate statement posted on Facebook, embassy spokesman Ji Lingpeng said China "will continue to work with directly concerned parties to resolve disputes through negotiation and consultation, and together with Asean countries to maintain peace and stability in the South China Sea." Ji said China will also strive for the early conclusion of the COC, "so as to provide rules and guidance for maritime interactions among all parties and to make the South China Sea a sea of peace, friendship, and cooperation." In another social media post, the embassy said, "Together with the parties, China has the confidence and the resolve to remove interference, bridge differences, expand common ground." "The COC will provide the golden rules for the parties to effectively manage differences, build trust, and advance cooperation," the embassy said. Call for transparency Victor Manhit, Stratbase Institute for Strategic and International Studies founder, underscored the need for transparency in the negotiation. But at the same time, he urged the DFA to uphold the country's interest in the discussion. According to the Stratbase website, Manhit was appointed as one of the Asean regional forum experts and eminent persons by the DFA. "My concern is that, is it simply overpromising on our part? Because if everyone is invested, I hope our government is also invested in making it transparent," Manhit told the TMT in an interview. He noted that the crafting of the COC has been on the Asean's agenda for almost two decades. "It has never been concluded because some countries have their own interests to protect." "In our case, as chair, we have our interests to protect. We should assert our maritime rights, our territorial integrity, based on international law, based also on our 2016 Arbitral Award. And the DFA should remember that," Manhit said. What if the call for transparency in COC discussion might jeopardize the process? Manhit said, "Again, I go back [to] — national interest. The Filipino people is the national interest of the Department of Foreign Affairs, and I cannot believe that we are at the stage right now that what is more important is Asean interest over [Philippine] national interest." In July 2016, the Permanent Court of Arbitration in The Hague, the Netherlands, invalidated China's expansive claim in the SCS, which encroached on the Philippines' 200-mile exclusive economic zone. China rejected the ruling and declared it illegal. In a separate statement on March 17, Ji said China has never laid claim to the entirety of the South China Sea as territorial territory. "The Philippine side’s deliberate distortion of China’s position is unconstructive and has no merit." Beijing had refused to participate in the arbitration since Manila brought the case to the PCA without its consent. Ji said China, as a sovereign state, "enjoys the right to independently choose the procedures for dispute settlement." "The experience of the past decade has demonstrated that 'arbitration' has not resolved the disputes between China and the Philippines; rather, it has exacerbated bilateral tensions," Ji said. "China’s position on the South China Sea issue has always been consistent and clear: not an inch of China’s territory can be relinquished, and what does not belong to China will not be taken," Ji pointed out. Pressed whether China and concerned Asean members are sincere to conclude the crafting of the COC, Manhit said, "Will they be sincere? I don't know." "But the Philippines as chair of Asean [this year] should be sincere in ensuring peace and stability in the region, but also to protect our national interests over Asean interests, over China's interest," he said. He said national interests are the core of any foreign policy. "And what is our national interests? No code of conduct should come out that will undermine our victory in the Unclos' argument with regards to the 2016 Arbitral Award," Manhit said. "International law has made us equal with our strong neighbor out there. So, we cannot even sacrifice any little part of that Arbitral Award in 2016," he said. Asked who would benefit the most between China and Asean if the COC is finalized, Manhit said it depends. “Again, that's where we demand transparency. [It's] hard to comment on something that we have not [yet] read because what is being shared is bits by bits," he said. "I do not see our government agreeing to a code of conduct that does not respect the 2016 arbitral award." "I don't think in any form of analysis that China will let go of their interests. The best way to deal with them is also for China to know what our interests are. And if we'll find commonality, so be it. But that commonality, that common ground, should not sacrifice our 2016 arbitral award, victory," he said. "We signed an Unclos. We support international law. China uses it when it favors them. We use it because we respect what we sign, what we agree on. And I hope our diplomatic officials always take note of that," he said. Manhit said there was no rush to complete the COC. "It has dragged on for decades. So what's wrong? Why rush it [now]? Just because we are Asean in chair? I'm quite confused by that," he said. "Why should it be our burden? Why was it not the burden of Malaysia? Why was it not the burden of the previous chair of Asean? I don't mind it as long as we don't again sacrifice ourselves for the name of Asean," Manhit said. "Our chairmanship is about us and the rest of Asean. I think we are doing our part with our fellow member Asean. But when somebody outside of Asean will railroad to protect their interests, the Philippines should not allow itself to be pushed around," he added. On March 8, Chinese Foreign Minister Wang Yi expressed hope that as this year's Asean chairman, the Philippines "will recognize and fulfill its responsibility, resist the pull of self-interest, and play a positive role for peace and stability in the region." In response, Foreign Affairs Secretary Ma. Theresa Lazaro said as Asean chairman in 2026, the Philippines "approaches this issue with a clear sense of responsibility to the region and to the international community." She said guided by the theme, "Navigating Our Future, Together," the Philippines is "committed to take credible, professional and steady stewardship of the Asean chairship this year as we seek collective solutions to regional concerns, including in the maritime domain." The Philippines, Lazaro said, is committed to ensuring that the SCS remains a sea of peace, stability and cooperation, and to working constructively with all Asean member states and China to conclude an "effective, substantive, and legally binding" COC within the year in line with the agreed guidelines. "The Philippines has always advocated that the COC should be consistent with international law, particularly Unclos, not carve out a special regional regime, not diminish the rights and interests of third-party states, and effectively govern behavior at sea," Lazaro said. Lasting peace and stability in the South China Sea "requires all countries, whether big or small, to meet their obligations and responsibilities under international law, particularly Unclos," she added. The DFA chief said countries "have to exercise self-restraint and avoid actions that could complicate the situation or increase tensions at sea." "The Philippines will firmly uphold Asean unity and centrality in addressing regional maritime issues, even as we are unequivocal in protecting our sovereignty, sovereign rights and jurisdiction," Lazaro said. Part 1: Asean, China "heavily invested" in SCS Code of Conduct https://www.manilatimes.net/2026/03/09/news/national/asean-china-heavily-invested-in-scs-code-of-conduct/2295542