VIEW FROM CALUMPANG: Diego Cagahastian
VIEW FROM CALUMPANG

How not to hasten the Code of Conduct

Nov 25, 2025, 1:53 AM
Diego S. Cagahastian

Diego S. Cagahastian

Columnist

Although the South China Sea (SCS) maritime issue has lately been a passionate concern only for the United States and the Philippines---and in these countries only among the hawks, defense contractors and military-industrial complex businessmen and their brown Amboys and girls---the rest of Asean are pinning their hopes on the final drafting of a Code of Conduct on the SCS.

Asean Secretary General Kao Kim Hourn told reporters last week at the Asean media forum in Malaysia thus:

“We expect that the Code of Conduct will conclude next year as we have agreed to try to conclude around July 2026, which is during the Philippines’ chairmanship.”

This columnist agrees with the secretary general's view that we should not prolong the drafting of the COC. The process is very important. It is equally important as the outcome.”

The 10-nation Asean (which has now become 11 because of the recent acceptance of Timor Leste as member) has been drafting the Code of Conduct on the South China Sea since 2017, but with little progress.

Kao Kim Hourn said the Association of Southeast Asian Nations looks forward to the conclusion of a “binding” Code of Conduct (COC) on the SCS during the Philippines’ chairmanship of Asean in 2026.

The relevant and operative word here is "binding."A Code of Conduct, or any code, will be open to abuse and disregard if not binding.

“I think that we need to finalize, make sure that the COC is binding. One issue whether it will be binding or non-binding. I’m sure this is something that will be in ongoing discussions,” Kao added.

It is clear that the“will not resolve the actual bilateral issue and claim between two countries.” Aside from China and the Philippines, Brunei, Malaysia, Taiwan and Vietnam have overlapping maritime claims in the SCS.All of these territories belong to Asean, except one.

Next year, the Philippines under President Ferdinand Marcos Jr. will be the chairman of Asean, a position now held by Malaysia.

Kao has reason to express concern about this, since Bongbong Marcos' thought trajectory clearly does not blend well with the push for hastening the COC process.

At the recent Asean Summit with the US, Marcos again threw broadsides at China, hoping to gain favor from US President Donald Trump, which clearly he was not unable to get.

Marcos talked about a certain country's alleged illegal activities in the South China Sea, such as harassment of Filipino fishermen and government vessels.

He was hitting China, but did not have the balls to name the country involved directly.

Marcos talked about dangerous maneuvers and coercive actions that undermine legitimate Philippine maritime activities in the South China Sea.

This is hubris, as Marcos (and Noynoy Aquino before him) talks about an area in the sea named "West Philippine Sea" which is not even recognized by nations of the world.Just look at their maps, and even our very own maps, or the United Nations' maps and records.

It is doubtful if Bongbong will be able to push forward the Code of Conduct with his raging hatred for China and blind and servile acquiescence to the US.

For the good of the country, Marcos should uphold the Philippines' genuine independent foreign policy, just like former President Duterte.

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