Myanmar frees political prisoners after ASEAN pressure, then re-arrests some

(Reuters) – Myanmar’s military rulers have freed hundreds of political prisoners in recent days, including Aung San Suu Kyi’s party spokesman and a famous comedian, although several were swiftly re-arrested, local media and a rights group said.

State television announced late on Monday more than 5,600 people arrested or wanted over anti-coup protests would be granted amnesty following a speech from Myanmar’s junta chief saying his government was committed to peace and democracy.

The release was described by some activists as a ploy by the ruling military to try to rebuild its international reputation after the Association of Southeast Asian Nations (ASEAN) took the rare step of excluding the junta chief from its summit.

Shortly after local media began late on Monday documenting the release of parliamentarians, journalists and others from Yangon’s Insein prison and facilities in Mandalay, Lashio, Meiktila and Myeik, reports followed of re-arrests.

Reuters could not independently verify the reports and Myanmar’s prison department spokesman and junta spokesman were not immediately available for comment.

The Assistance Association for Political Prisoners, a non-profit group which has documented killings and arrests since the coup in February, told Reuters that as of Tuesday evening around 40 people had been detained immediately after their release.

Local media, including Democratic Voice of Burma and Khit Thit Media, also reported several people were re-arrested.

PRESSURE

Myanmar has been in turmoil since the coup, which ended a decade of tentative democracy and economic reform.

Security forces have killed more than 1,100 people according to activists and the United Nations, and arrested over 9,000 people including Suu Kyi, Myanmar’s most prominent civilian political figure, according to AAPP.

ASEAN decided to invite a non-political representative to its Oct. 26-28 summit in an unprecedented snub to the military leaders behind the coup against Suu Kyi’s elected government.

U.N. Special Rapporteur Tom Andrews welcomed the release but said it was “outrageous” that they were detained in the first place.

“The junta is releasing political prisoners in Myanmar not because of a change of heart, but because of pressure,” he said on Twitter.

The junta has released prisoners several times since the coup, which triggered a wave of protests that were quelled by the security forces.

“They came to me today and said they will take me home, that’s all,” Monywa Aung Shin, a spokesman for Suu Kyi’s National League for Democracy party, told Democratic Voice of Burma late on Monday on his way home from prison.

Monywa Aung Shin was arrested on February 1 and had spent eight months in prison.

Burmese comedian Zarganar, a well-known critic of Myanmar’s past military governments, was also released late Monday, according to local media reports and a social media post by a close friend.

Photos and videos on social media showed detainees reunited with weeping family members.

Other images showed a succession of buses leaving the rear entrance of the jail, with passengers leaning from windows and waving at crowds gathered outside.

(Reporting by Reuters Staff; Writing by John Geddie; Editing by Lincoln Feast and Angus MacSwan)

Isolated Myanmar calls for international help as COVID cases surge

(Reuters) -Myanmar’s military ruler is looking for greater cooperation with the international community to contain the coronavirus, state media reported on Wednesday, as the Southeast Asian country struggles with a surging wave of infections.

Senior General Min Aung Hlaing called in a speech for more cooperation on prevention, control and treatment of COVID-19, including with fellow members of the Association of Southeast Asian Nations (ASEAN) and “friendly countries,” the Global New Light of Myanmar reported.

Myanmar has been in chaos since the military ousted an elected government led by Aung San Suu Kyi on Feb. 1, with regular protests and fighting between the army and newly formed militias. Various countries including the United States and Britain have imposed sanctions on Myanmar’s military rulers over the coup and the repression of pro-democracy protests in which hundreds have been killed.

The junta leader said vaccinations needed to be increased, through both donated doses and by developing domestic production, aided by Russia, the newspaper said, adding Myanmar would seek the release of funds from an ASEAN COVID-19 fund.

Myanmar recently received two million more Chinese vaccines, but it was believed to have only vaccinated about 3.2% of its population, according to a Reuters tracker. A drive to vaccinate some 40,000 inmates in densely packed prisons, which have seen major virus outbreaks recently, started on Wednesday, state-run MRTV reported.

The military has appeared wary of outside help in past disasters, forcing Myanmar’s people to help each other, though a previous junta did allow in aid via ASEAN after a devastating cyclone in 2008.

There have been desperate efforts by people to find oxygen in many parts of the country. The Myanmar Now news portal, citing witnesses, reported that at least eight people died in a Yangon hospital at the weekend after a piped oxygen system failed.

Reuters could not independently confirm the report and the North Okkalapa General Hospital and a health ministry spokeswoman could not immediately be reached for comment.

Infections in Myanmar have surged since June, with 4,980 cases and 365 deaths reported on Wednesday, according to health ministry data cited in media. Medics and funeral services put the toll much higher.

Last week, prisoners in Yangon staged a protest over what activists said was a major COVID-19 outbreak in the colonial-era Insein jail, where many pro-democracy protesters are being held.

Vaccinations began at Insein and a prison in the capital Naypyitaw on Wednesday and would be extended to inmates countrywide, MRTV reported, citing the prisons department.

Efforts to tackle the outbreak have been further hampered by some of the worst flooding in years in eastern Myanmar.

Despite Min Aung Hlaing agreeing to an ASEAN peace plan reached in April, the military has shown little sign of following through on it and has instead reiterated its own, entirely different plan to restore order and democracy.

The military justified its coup by accusing Suu Kyi’s party of manipulating votes in a November general election to secure a landslide victory. The electoral commission at the time and outside observers rejected the complaints.

But in a further sign of the junta’s tightening grip on power, the military-appointed election commission this week officially annulled the November results, saying the vote was not in line with the constitution and electoral laws, and was not “free and fair,” MRTV reported.

(Reporting by Reuters StaffWriting by Ed Davies and John Geddie; Editing by Robert Birsel and Nick Macfie)

SE Asia states want to drop proposed U.N. call for Myanmar arms embargo

By Michelle Nichols and Tom Allard

NEW YORK/JAKARTA (Reuters) -Nine Southeast Asian nations have proposed watering down a U.N. General Assembly draft resolution on Myanmar, including removing a call for an arms embargo on the country, in a bid to win the unanimous support of the 193-member body.

Brunei, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam wrote to Liechtenstein, which has drafted the resolution, after a planned vote last week was postponed at the last minute.

In the letter dated May 19 and seen by Reuters on Friday, the Southeast Asian countries said the draft “cannot command the widest possible support in its current form, especially from all countries directly affected in the region” and that further negotiations are needed “to make the text acceptable, especially to the countries most directly affected and who are now engaged in efforts to resolve the situation.”

“It is also our firm conviction that if a General Assembly resolution on the situation in Myanmar is to be helpful to countries in ASEAN, then it needs to be adopted by consensus,” the countries wrote, referring to the Association of Southeast Asian Nations.

The letter was from all of the ASEAN nations except Myanmar.

The draft resolution calls for “an immediate suspension of the direct and indirect supply, sale or transfer of all weapons and munitions” to Myanmar. The Southeast Asian countries want language that removed.

General Assembly resolutions are not legally binding but carry political weight. Unlike the 15-member Security Council, no country has a veto power in the General Assembly.

Myanmar has been in crisis since the army ousted leader Aung San Suu Kyi’s elected government on Feb. 1 and detained her and officials of her National League for Democracy party.

While the Southeast Asian countries want the draft U.N. resolution to express deep concern about their detention, instead of condemning it the text would call for their immediate and unconditional release.

A spokesman for ASEAN did not immediately respond to requests for comment.

ASEAN is leading the diplomatic effort to end bloodshed in Myanmar and promote dialogue between the junta and its opponents.

(Reporting by Michelle Nichols and Tom Allard; Editing by Ed Davies and Will Dunham)

Rebels attack Myanmar army near border, junta knocks back ASEAN plan

(Reuters) – Ethnic minority Karen insurgents attacked a Myanmar army outpost near the Thai border on Tuesday in some of the most intense clashes since a military coup nearly three months ago threw the country into crisis.

The Karen National Union (KNU), Myanmar’s oldest rebel force, said it had captured the army camp on the west bank of the Salween river, which forms the border with Thailand.

The Myanmar military later hit back against the insurgents with air strikes, the KNU and Thai authorities said.

The fighting took place as the junta, in a setback for diplomatic efforts by the Association of Southeast Asian Nations (ASEAN), said it would “positively” consider the bloc’s suggestions to end the turmoil in Myanmar but only when stability was restored.

The ASEAN leaders said after meeting on the weekend with the junta chief that they had reached a consensus on steps to end violence and promote dialogue between the rival Myanmar sides.

The outbreak of hostilities near the border shifted the focus of opposition to the junta away from the pro-democracy protests that have taken place in cities and towns across the country since the coup on Feb. 1.

The military overthrew the elected government of Aung San Suu Kyi, detained her and other civilian politicians, then cracked down with lethal force on anti-coup protesters.

Security forces have killed more than 750 civilians in the demonstrations, an activist group says.

The Karen and other ethnic minority forces based in frontier regions have supported the largely urban-based pro-democracy opponents of the junta.

PRE-DAWN ATTACK

In Tuesday’s fighting, villagers on the Thai side of the river said heavy gunfire started before dawn.

Video posted on social media showed flames and smoke on the forested hillside and KNU forces had captured the outpost, the group’s head of foreign affairs, Saw Taw Nee, told Reuters.

The Myanmar military later mounted air strikes, Saw Taw Nee said. There was no word on casualties and 450 Thai villagers were moved away from the border to safety, the Thai military said.

The Myanmar army made no comment. It has historically portrayed itself as the one institution that can keep together the ethnically diverse country of more than 53 million people.

The KNU agreed to a ceasefire in 2012, ending its struggle for autonomy that began shortly after Myanmar’s independence from Britain in 1948.

But its forces have clashed with the army since it seized power, ending a decade of democratic reforms that had also brought relative peace to Myanmar’s borderlands.

Fighting has also flared in the north and west, where the Irrawaddy news site reported 13 government soldiers were killed in clashes in Chin State over the past few days.

About 24,000 people are sheltering in the jungle after being displaced in recent weeks by violence near the Thai border, including military air strikes, Karen groups say.

‘CAREFUL CONSIDERATION’

Elsewhere in Myanmar, there have been few reports of bloodshed since the weekend meeting between the junta chief, Senior General Min Aung Hlaing, and Southeast Asian leaders to try to find a way out of the crisis.

The junta, in its first official comment on the meeting, said it would give “careful consideration to constructive suggestions … when the situation returns to stability”.

The suggestions would be “positively considered” if they facilitated the junta’s own “roadmap,” and “serves the interests of the country,” it said in a statement.

The junta did not refer to what ASEAN called a five-point consensus, issued at the end of the meeting, to end the violence and initiate talks.

ASEAN’s points included appointing an envoy to visit Myanmar for talks with all sides. But Min Aung Hlaing, in comments reported in state media, said: “The visits to Myanmar proposed by ASEAN will be considered after stabilizing the country.”

U.N. Special Rapporteur Thomas Andrews called on Min Aung Hlaing to make a commitment to live up to the ASEAN plan.

“The people of Myanmar…need and deserve to know if it is your intention to honor this commitment,” Andrews said in an open letter.

Activists have criticized the plan, saying it helped to legitimize the junta and fell far short of their demands.

In particular, it did not call for the release of Suu Kyi, 75, and other political prisoners. The Assistance Association for Political Prisoners advocacy group says more than 3,400 people have been detained for opposing the coup.

Suu Kyi’s party won a second term in November. The election commission said the vote was fair but the military said fraud at the polls had forced it to seize power.

Protesters against the junta were out in several places on Tuesday including the main city of Yangon, where hundreds surged down a street in a “flash mob” march, images on social media showed.

(Reporting by Reuters staff; Writing by Matthew Tostevin and Robert Birsel; Editing by Stephen Coates, Clarence Fernandez and Angus MacSwan)

South China Sea code of conduct talks to be ‘stabilizer’ for region: China premier

South China Sea code of conduct talks to be 'stabilizer' for region: China premier

MANILA (Reuters) – China’s agreement to begin discussions with the Association of Southeast Asian Nations (ASEAN) on the fine print of a code of conduct framework for the disputed South China Sea will be a “stabilizer” for the region, Chinese Premier Li Keqiang said.

“China’s greatest hope is for peace and stability in the South China Sea,” Li told ASEAN leaders in Manila.

Southeast Asia and China foreign ministers in August adopted a negotiating framework for a code of conduct in the South China Sea, a move they hailed as progress but seen by critics as a tactic to buy China time to consolidate its maritime power.

Li, addressing leaders of ASEAN grouping during a summit in the Philippines capital Manila on Monday, said there was a consensus on moving forward and to try to peacefully resolve the thorny issue.

“We hope the talks on the code of conduct will bolster mutual understanding and trust. We will strive under the agreement, to reach a consensus on achieving early implementation of the code of conduct,” Li said, according to a transcript of his speech released by China’s Foreign Ministry on Tuesday.

Li didn’t give a timeframe, but said he hoped this move would be a “stabilizer” for the region.

Critics say the agreement to talk on the details of the code of conduct is only an incremental move, with a final agreement not likely anytime soon. Despite a period of relative stability in the South China Sea, some countries at the summit said this shouldn’t be taken for granted.

The framework seeks to advance a 2002 Declaration of Conduct (DOC) of Parties in the South China Sea, which has mostly been ignored by claimant states, particularly China, which has built seven manmade islands in disputed waters, three of which are equipped with runways, surface-to-air missiles and radars.

All parties say the framework is only an outline for how the code will be established but critics say the failure to outline as an initial objective the need to make the code legally binding and enforceable, or have a dispute resolution mechanism, raises doubts about how effective the pact will be.

Signing China up to a legally binding and enforceable code for the strategic waterway has long been a goal for claimant members of ASEAN, some of which have sparred for years over what they see as China’s disregard for their sovereign rights and its blocking of fishermen and energy exploration efforts.

Malaysia, Taiwan, Brunei, Vietnam and the Philippines all claim some or all of the South China Sea and its myriad shoals, reefs and islands.

(Reporting by James Pomfret in Manila; Editing by Michael Perry)

Vietnam’s neighbors, ASEAN, targeted by hackers: report

Vietnam's neighbors, ASEAN, targeted by hackers: report

SINGAPORE (Reuters) – A hacking group previously linked to the Vietnamese government or working on its behalf has broken into the computers of neighboring countries as well as a grouping of Southeast Asian nations, according to cybersecurity company Volexity.

Steven Adair, founder and CEO, said the hacking group was still active, and had compromised the website of the Association of Southeast Asian Nations (ASEAN) over several high-profile summit meetings. ASEAN is holding another summit of regional leaders in the Philippines capital Manila this week.

In May, cybersecurity company FireEye reported that the group, which it calls APT32 and is also known as OceanLotus, was actively targeting foreign multinationals and dissidents in Vietnam. FireEye said at the time the group’s activity was “of interest to the nation of Vietnam.”

Adair told Reuters he had no basis to definitely say who was behind the group but said its capabilities rivalled those of most other advanced persistent threat (APT) groups, a term often used to refer to hacker groups that are believed to have state support.

“What we can say is that this is a very well resourced attacker that is able to conduct several simultaneous attack campaigns.”

Vietnamese officials did not immediately respond to requests for comment. But Hanoi has in the past denied accusations of cyber-attacks against organizations or individuals, and said it would prosecute any cases.

Adair said it was not clear how much information the group had stolen. “We do not really have anything on the scale of data theft, but we can tell you the scale and reach of the sites they have compromised is very far reaching,” he said.

Volexity said in a report that the group had compromised websites of ministries or government agencies in Laos, Cambodia and the Philippines so they would load malicious code onto the computers of targeted victims.

This code would then direct them to a Google page which asked for their permission to access their Google account. If the user agrees, the hackers then have access to their contacts and emails.

The ministries included Cambodia’s ministries of foreign affairs, the environment, the civil service and social affairs, as well as its national police. In the Philippines it had compromised the websites of the armed forces and the office of the president.

Three ASEAN websites, and the websites of dozens of Vietnamese non-government groups, individuals and media, were similarly targeted. The group also infected websites belonging to several Chinese oil companies.

Officials at ASEAN’s headquarters in Jakarta were not immediately available for comment.

Kirt Chanthearith, a spokesman for the Cambodian national police, said the police website was hacked about six months ago but he did not know who was responsible. “It was hacked and we lost some data”, he said, without giving further details.

Officials in Thailand said they were not aware of any hacking of government or police websites.

In Manila, Allan Cabanlong, executive director of the Cybercrime Investigation and Coordination Centre, said there was no damage to government web sites in the Philippines but authorities were taking preventive measures.

“We’ve taken measures like cyber hygiene programs,” he told Reuters. “We are conducting due diligence in the Philippines and we are clearing our network.”

(Reporting by Jeremy Wagstaff; Additional reporting by Chansy Chhorn in PHNOM PENH, Matthew Tostevin in HANOI, Patpicha Tanakasempipat and Suphanida Thakral in BANGKOK, Agustinus Beo Da Costa in JAKARTA and Neil Jerome Morales in MANILA; Editing by Raju Gopalakrishnan)

China, Southeast Asia aim to build trust with sea drills, Singapore says

China, Southeast Asia aim to build trust with sea drills, Singapore says

By Manuel Mogato

CLARK, Philippines (Reuters) – China and Southeast Asian navies aim to hold an inaugural joint maritime exercise next year, Singapore’s defense minister said on Tuesday, as they try to build trust amid conflicting claims over the South China Sea.

China claims almost the entire strategic waters through which about $3 trillion in ship-borne trade passes every year. Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims, with tensions exacerbated by Beijing’s island-building and Washington’s increasing freedom of navigation patrols.

“Singapore supports it,” Defense Minister Ng Eng Hen told reporters when asked about China’s offer to hold maritime exercises. “We will push it … for the very reason that all ASEAN and China want that. If you exercise, you at least build understanding and trust.”

The exercises were discussed at a meeting between China and Singapore on the sidelines of the Association of Southeast Asian Nations (ASEAN) Defense Ministers’ Meeting at the former U.S. air force base at Clark, north of the capital Manila.

“We’ll work out the details. See the logistics… and find a suitable area where ASEAN and China navies can exercise together,” Ng said.

Singapore and China have not always seen eye to eye in recent months. Singaporean troops have trained in self-ruled Taiwan, an island China claims as its own, which had been an irritant in ties.

Last November, Chinese-controlled Hong Kong impounded nine Singaporean armored military vehicles being shipped home from Taiwan, inflaming tension. Hong Kong later released the vehicles.

Ng said Singapore also had a proposal to “reduce risk of actual conflict” by agreeing to a new code of unexpected encounters in the air after ASEAN adopted a code to avoid sea encounters.

ASEAN and its eight regional partners, the United States, Russia, China, South Korea, Japan, India, Australia and New Zealand, had agreed to set up a “direct communications link” among them to ease tension.

Ng said the United States and Japan also welcomed the idea of exercises.

“Secretary (of Defense Jim) Mattis welcomed the exercises together with ASEAN countries,” he said.

Ng also hoped for the early conclusion of a code of conduct in the South China Sea after a framework agreement was reached this year to reduce conflicts and misunderstanding.

(Reporting by Manuel Mogato; Editing by Nick Macfie)

Southeast Asian ministers urge North Korea to rein in weapons programs

North Korean leader Kim Jong-Un looks on during a visit to the Chemical Material Institute of the Academy of Defense Science in this undated photo released by North Korea's Korean Central News Agency (KCNA) in Pyongyang on August 23, 2017. KCNA/via REUTERS

By Manuel Mogato

CLARK FREEPORT ZONE, Philippines (Reuters) – Southeast Asian defense ministers on Monday expressed “grave concern” over North Korea’s nuclear and missile programs and urged the reclusive country to meet its international obligations and resume communications.

North Korea is working to develop a nuclear-tipped missile capable of striking the U.S. mainland and has ignored all calls, even from its lone major ally, China, to rein in its weapons programs which it conducts in defiance of U.N. Security Council resolutions.

Defense ministers from the Association of Southeast Asian Nations (ASEAN), in a joint statement, underscored the “need to maintain peace and stability in the region” and called “for the exercise of self-restraint and the resumption of dialogue to de-escalate tensions in the Korean peninsula”.

They are due to meet with their counterparts from the United States, China, Japan, South Korea, India, Australia, Russia and New Zealand on Tuesday when North Korea, the disputed South China Sea and terrorism are expected to top the agenda.

U.S. Defense Secretary Jim Mattis has said he will talk with Asian allies about North Korea and the crisis caused by its “reckless” provocations.

Mattis’s trip to Asia, which will also include stops in Thailand and South Korea, comes just weeks before Donald Trump’s first visit to Asia as U.S. president.

In the same statement, the ministers reiterated the importance of “safety and freedom of navigation in and over-flight above the South China Sea” and called for “self restraint in the conduct of activities”.

They also vowed to work together to combat terrorism as they condemned the attack by the Maute militant group in the southern Philippine city of Marawi.

The Philippines on Monday announced the end of five months of military operations in Marawi after a fierce and unfamiliar urban war that marked the country’s biggest security crisis in years.

 

 

 

(Writing by Karen Lema; Editing by Nick Macfie)

 

China, Vietnam meeting canceled amid South China Sea tensions

Honour guards raise an Association of Southeast Asian Nations (ASEAN) flag at a flag-raising ceremony to mark the 50th anniversary of the regional group at Vietnam's Ministry of Foreign Affairs in Hanoi August 8, 2017. REUTERS/Kham

MANILA (Reuters) – A scheduled meeting between the foreign ministers of China and Vietnam was canceled on the sidelines of a regional gathering, Chinese embassy officials said, amid growing tension between the two countries over the South China Sea.

Vietnam had held out for language that noted concern about island-building and criticized militarization in South China Sea in the communique on Sunday from foreign ministers of the Association of South East Asian Nations (ASEAN).

Vietnam has emerged as the most vocal opponent of China’s claims in the waterway, where more than $3 trillion in cargo pass every year.

The Chinese embassy officials gave no reason for the cancellation of the meeting scheduled for Monday in Manila between China’s Wang Yi and Vietnam’s Pham Binh Minh.

A Chinese foreign ministry official said they had “already met”. Vietnam’s foreign ministry did not respond immediately to a request for comment.

State media in Vietnam said the ministers had held a “pull aside” meeting and exchanged views. It showed pictures of them shaking hands.

Although the language in the ASEAN communique reflected that in previous years, some countries pursuing deeper business ties with Beijing, such as Cambodia and the Philippines, had argued for dropping it.

Beijing is sensitive to even a veiled reference by ASEAN to its reclamation of seven reefs and its military installations in the South China Sea, which it claims in almost its entirety despite the competing claims of five other countries.

Tension has risen since June, when Vietnam infuriated China by drilling for oil and gas in an offshore block that Beijing disputes. The exploration was suspended after diplomatic protests from China.

After the ASEAN meeting, China’s foreign minister had called out “some countries” who voiced concern over island reclamation.

Wang said that China had not carried out reclamation for two years. “At this time, if you ask who is carrying out reclamation, it is definitely not China – perhaps it is the country that brings up the issue that is doing it,” he added.

Satellite images have shown that Vietnam has carried out reclamation work in two sites in the disputed seas in recent years.

On Tuesday, the state-run China Daily cited unnamed sources as saying Vietnam had tried to hype up the reclamation issue in the communique, pointing out that Vietnam has accelerated its land reclamation in the South China Sea.

“Undoubtedly, what Vietnam has done is the trick of a thief crying ‘stop thief,'” the paper quoted one of the sources as saying.

Australia, Japan and the United States on Monday urged Southeast Asia and China to ensure that a South China Sea code of conduct they have committed to draw up will be legally binding and said they strongly opposed “coercive unilateral actions”.

China has strongly opposed what it calls interference by countries outside the region in the South China Sea issue.

Meeting Japanese Foreign Minister Taro Kono on the sidelines of a regional security forum in Manila on Monday, Wang urged Japan to respect the efforts of China and ASEAN countries and play a more constructive role for regional peace and stability.

“Don’t always make trouble behind the backs of other countries and provoke quarrels,” the ministry cited Wang as saying.

(Reporting by Christian Shepherd; Additional reporting by Ben Blanchard in BEIJING; Editing by Michael Perry)

China set for easy ride from ASEAN on disputed South China Sea

China set for easy ride from ASEAN on disputed South China Sea

By Manuel Mogato

MANILA (Reuters) – Southeast Asian ministers meeting this week are set to avoid tackling the subject of Beijing’s arming and building of manmade South China Sea islands, preparing to endorse a framework for a code of conduct that is neither binding nor enforceable.

The Association of South East Asian Nations (ASEAN) has omitted references to China’s most controversial activities in its joint communique, a draft reviewed by Reuters shows.

In addition, a leaked blueprint for establishing an ASEAN-China code of maritime conduct does not call for it to be legally binding, or seek adherence to the United Nations Convention on the Law of the Sea (UNCLOS).

The two drafts highlight China’s growing regional clout at a time of uncertainty whether the new U.S. administration will try to check Beijing’s assertiveness in the disputed waters.

The South China Sea chapter in the latest draft communique, a negotiated text subject to changes, is a watered-down version of one issued in Laos last year.

ASEAN expressed “serious concern” in that text, and “emphasised the importance of non-militarisation and self-restraint in all activities, including land reclamation.”

But the latest text calls for avoidance of “unilateral actions in disputed features” instead.

The role of the Philippines as 2017 chair of ASEAN has helped China keep a lid on discord.

Once ASEAN’s most vocal critic of China’s conduct, the Philippines, under President Rodrigo Duterte, has put aside disputes in exchange for Chinese funding pledges of $24 billion.

ASEAN ties with the United States, under President Donald Trump, have been in flux, as questions linger over Washington’s commitment to maritime security and trade in Asia, diminishing the grouping’s bargaining power with Beijing.

A legally binding and enforceable code of conduct has been a goal for ASEAN’s claimant members – Brunei, Malaysia, the Philippines and Vietnam – since a 2002 pact to ensure freedom of navigation and overflight and leave rocks and reefs uninhabited.

That pact, the Declaration of Conduct (DOC) of Parties in the South China Sea, has been largely ignored, particularly by China, which reclaimed seven reefs and can now deploy combat planes on three, besides defense systems already in place.

Analysts and some ASEAN diplomats worry that China’s sudden support for negotiating a code of conduct is a ploy to buy time to further boost its military capability.

“We could have done more to push China to agree to a much stronger document, holding claimant states more accountable,” said one ASEAN diplomat.

The agreed two-page framework is broad and leaves wide scope for disagreement, urging a commitment to the “purposes and principles” of UNCLOS, for example, rather than adherence.

The framework papers over the big differences between ASEAN nations and China, said Patrick Cronin of the Center for a New American Security.

“Optimists will see this non-binding agreement as a small step forward, allowing habits of cooperation to develop, despite differences,” he said.

“Pessimists will see this as a gambit favorable to a China determined to make the majority of the South China Sea its domestic lake.”

CONSENSUS CONSTRAINTS

Diplomats say ASEAN’s requirement of consensus in decision-making allows China to pressure some members to disagree with proposals it dislikes. China has long denied interfering.

A separate ASEAN document, dated May and seen by Reuters, shows that Vietnam pushed for stronger, more specific text.

Vietnam sought mention of respect for “sovereignty, sovereign rights and jurisdiction” not only in accordance with international law, but more specifically, UNCLOS.

Sovereign rights cover entitlements to fish and extract natural resources.

Experts say the uncertain future U.S. commitment to Asia leaves Vietnam in the most exposed position, as it has competing claims with China and relies on imports from its neighbor.

Opposition by China has repeatedly disrupted Vietnam’s efforts to exploit offshore energy reserves, most recently in an area overlapping what Beijing considers its oil concessions.

The code of conduct framework was useful to build confidence, said Philippine security expert Rommel Banlaoi, but was not enough to manage and prevent conflict in the South China Sea.

China claims almost the entire South China Sea, through which about $5 trillion in goods pass every year. Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims.

(Writing by Martin Petty; Editing by Clarence Fernandez)