Department of Foreign Affairs (DFA) Secretary Enrique Manalo said that both China and the Association of Southeast Asian Nations (ASEAN) are committed to finalize the Code of Conduct (COC) on the South China Sea by next year, but clarified that whether that will be legally binding for all parties remain to be a contentious issue.

DFA Secretary Enrique Manalo speaks to the media about the 2026 conclusion of the Code of Conduct talks on South China Sea. (Raymund Antonio/MANILA BULLETIN)

Manalo said this on Thursday, April 24, after the press briefing for the Philippines’ hosting of the High-Level Conference of Middle-Income Countries (HLC-MICs) in Makati City next week.

“We are committed to see whether we can finalize negotiations on the code by the timeline that was set next year,” he told reporters.

The DFA chief made the statement after some news reports quoted him in a separate ambush interview earlier at the Maritime Security Forum of saying that China is “politically committed” to having a binding COC in the disputed region.

Manalo reiterated that he was referring to the commitment of all parties to finalize the code by the deadline next year, and not on China agreeing to make the code legally binding.

“So, during our chairmanship, we will do our best to see how we can finalize the negotiations or at least, finalize the code by next year in order to meet the timeline that was agreed,” he explained.

The COC is aimed at coming up with a set of rules and principles to resolve the South China Sea disputes peacefully and ensure the stability of the region.

Negotiations have been going on since 2002, which led to the 2002 Declaration on the Code of Conduct in the South China Sea (DOC), a non-binding agreement aimed at promoting a peaceful resolution to the disputes in the region.

Manalo admitted that the legal enforcement of the COC remains “an issue,” and they are focused to “just finalize the code.”

Milestone issues, such as the relationship of the DOC and COC, the scope of the coverage, the relationship with the countries who are not parties to the code, and whether or not the code is legally binding, will be discussed in the next round of negotiations.

“Well, if possible, we will discuss as many milestone issues kasi (because) they are all related to the code,” the DFA chief said.

“But our position has always been the code should be effective and substantive,” he added.

In 2023, the Foreign Ministers of ASEAN and China adopted the Guidelines on Accelerating the Early Conclusion of the Code of Conduct and agreed to work towards the conclusion of the COC in the next three years, or in 2026.

The latest round of negotiations between ASEAN and China was held in Manila from April 9 to 11.