Thayer Consultancy Background Report

ABN # 65 648 097 123

ASEAN & China Senior Officials
Agree on Single Draft South
China Sea Code of Conduct
Carlyle A. Thayer
July 31, 2018
According to the official report on the 15th ASEAN-China Senior Officials’ Meeting on
the Implementation of the Declaration on the Conduct of Parties in the South China
Sea [SOM-DOC] in Changsha, China on 27 June 2018, reached agreement on a Single
Draft COC Negotiating Text.
What is the significance of the agreement between ASEAN members and China on a
Single Draft COC Negotiating Text?
Negotiations on drawing up a Code of Conduct in the South China Sea are between
China and the ten ASEAN member states and not ASEAN per se. Prior to the 15th
SOM-DOC on 27 June, there were multiple drafts in circulation presented by
individual countries. This proved politically sensitive and an obstacle to reaching
consensus agreement on a consolidated text. Now each of the eleven parties have
become stakeholders in the Single Draft COC Negotiating Text process.
ASEAN-China Senior Officials will hold at least three readings of the Single Draft COC
Negotiating Text and aim to complete this process on a mutually agreed timeline.
The full text of the official report follows:

THE 15TH ASEAN-CHINA SENIOR OFFICIALS’ MEETING ON THE

IMPLEMENTATION OF THE DECLARATION ON THE CONDUCT OF
PARTIES IN THE SOUTH CHINA SEA (SOM-DOC)
27 June 2018, Changsha, China
INTRODUCTION
1. The 15th SOM-DOC was co-chaired by Singapore, the Country
Coordinator for ASEAN-China Dialogue Relations, and China.
Delegations from all ASEAN Member States, China and representatives
from the ASEAN Secretariat were present at the Meeting.
AGENDA ITEM 1: ADOPTION OF THE AGENDA
2. The Meeting adopted the Agenda.
AGENDA ITEM 2: BUSINESS ARRANGEMENTS
3. The Meeting was held in Plenary.
AGENDA ITEM 3: IMPLEMENTATION OF THE DECLARATION ON THE
CONDUCT OF PARTIES IN THE SOUTH CHINA SEA (DOC)
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4. The Meeting endorsed the Work Plan on the Implementation of the DOC
(2016-2018)
5. The Meeting also noted the updates from the ASEAN-China Joint
Working Group on the Implementation of the DOC (JWG-DOC) Co-Chairs
on the two ad-hoc technical meetings, which were held in conjunction with
the 24th JWG-DOC on 25 June on a voluntary and ad-hoc basis. The
technical officials discussed the following two topics: i) Marine
Environmental Protection; and (ii) Safety of Navigation. Some parties
encouraged the convening of ad-hoc technical meetings to enhance
practical cooperation for the benefit of DOC implementation.

6. The Meeting had an exchange of views on the situation in the South

China Sea and acknowledged the progress in the implementation of the
DOC and the negotiations of the COC. The Meeting also emphasised the
importance of the full and effective implementation of the DOC, freedom
of navigation and overflight, and peaceful resolution of disputes, in
accordance with international law, including the 1982 United Nations
Convention on the Law of the Sea (UNCLOS). Some parties also
reiterated the importance of self-restraint and non-militarisation and of
refraining from actions that would escalate tensions in the South China
Sea.

7. The Meeting endorsed the following key decisions:

(i) All parties shall keep the Single Draft COC Negotiating Text strictly
confidential throughout the entire process of COC negotiations;
(ii) The Single Draft COC Negotiating Text will be the basis of COC
negotiations. The Single Draft COC Negotiating Text will be a living
document. All parties reserved the right to consult with their domestic
agencies and submit new or revised input;
(iii) The Single Draft COC Negotiating Text will be submitted to the
ASEAN-China Post Ministerial Conference (PMC) in August 2018 for
notation. The announcement that ASEAN Member States and China
had a Single Draft COC Negotiating Text will be reserved for the
ASEAN-China PMC; and
(iv) There will be at least three readings of the Single Draft COC
Negotiating Text. While the draft text will be submitted to the SOM-
DOC after each reading, the JWG-DOC will not be precluded from
surfacing issues on the COC to the SOM-DOC for consideration and
guidance while each reading is underway.
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AGENDA ITEM 5: ANY OTHER MATTERS

8. The Meeting noted that Cambodia would host the 25th JWG-DOC
Meeting from 1 to 2 September 2018 in Siem Reap, Cambodia.

9. The Meeting noted that the Philippines would host the 26th JWG-DOC
Meeting, which would be held back-to-back with the 16th SOM-DOC, from
23 to 26 October 2018 in Manila, the Philippines.
AGENDA ITEM 6: FINALISATION AND ADOPTION OF REPORT
10. The Meeting finalised and adopted the Report.

ACKNOWLEDGEMENT
11. ASEAN Member States expressed appreciation to the Government of the
People’s Republic of China for the warm hospitality extended to all
delegations and excellent arrangements made for the Meeting.

Suggested citation: Carlyle A. Thayer, “ASEAN & China Senior Officials Agree on
Single Draft South China Sea Code of Conduct,” Thayer Consultancy Background
Report, January 24, 2018. All background briefs are posted on Scribd.com (search for
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