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19/07/12 1:25 PM
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sovereignty over the disputed islands or rocks on which their maritime claims are based. Bad News: ASEAN Fails to Issue a Joint Communiqu ASEAN was founded in 1967 and each of its ministerial meetings has always ended with a joint communiqu summarizing the decisions reached. It is drawn up by the ASEAN chair on the basis of consultations with all members and reflects a consensus. An ASEAN Media Advisory dated 9 July said, a Joint Communique will be adopted at the end of the [Ministerial] Meeting. The failure of ASEANs 45th Ministerial Meeting to agree on a joint communique is unprecedented. Before turning to the dispute over the wording of the South China Sea section it should be noted that the ASEAN Ministerial Meeting has a hefty agenda. At its last meeting it discussed 118 agenda items and the joint communique ran to 29 pages. Thus, the failure to issue a joint communique will result in a delay in promulgating the ASEAN ministers decisions. No communique was issued because of a heated dispute between the Philippines and Cambodia, the ASEAN chair for this year. The Philippines wanted the communique to mention Chinas intrusion at Scarborough Shoal and violations of its exclusive economic zone and continental shelf. Cambodia was adamant that any mention of Scarborough Shoal was tantamount to taking sides in a dispute and would undermine ASEAN neutrality. According to notes taken by a participant and made available to the author, Cambodias foreign minister threatened if we cannot agree on [the] text, there should be no text at all. The foreign ministers from Indonesia and Singapore brokered a compromise in the wording of the joint communique with the Philippines and Vietnam, but despite their efforts the Cambodian foreign minister refused to budge and abruptly left the meeting. What Next? The ASEAN COC and the ASEAN ministerial joint communique are two separate issues. ASEAN is now in a position to open discussions with China on the ASEAN COC. Informal meetings were held in Phnom Penh and China has publicly indicated it would enter into discussions with ASEAN when conditions mature. Formal ASEAN-China discussions have been tentatively scheduled for September. ASEAN hopes to reach agreement on a COC by November when the next ASEAN summit is scheduled. The contretemps over the communique have strained relations between Cambodia and the Philippines. Cambodias actions have created a rift in ASEAN unity and affected the organizations international standing and prestige. Cambodia is widely viewed as Chinas stalking horse. One diplomat close to the event asserted, China bought the chair, simple as that. If disunity continues to plague ASEAN it will be to the detriment of Secretary of State Hillary Clintons recent diplomacy that stressed the importance of ASEAN taking a unified position and leadership role on the vexatious issue. China will relish ASEANs predicament because ASEANs hand will be weakened in negotiations over binding a Code of Conduct in the South China Sea. Carlyle A. Thayer is emeritus professor, University of New South Wales at the Australian Defence Force Academy, Canberra . Article Keywords: asean [2] , cambodia [3] , Philippines [4] , south china sea [5] , vietnam [6] Categories: Foreign Forces [7] Source URL: http://www.usni.org/news-analysis/news/code-conduct-south-china-sea-undermined-asean-disarray
http://www.usni.org/print/24928
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