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Photo: Markus Tinner / Unsplash

Beijing Offers Hanoi and KL a Joint-Development Table. Zambales Fishers Never Got a Chair.

A Code of Conduct draft trades enforcement teeth for calm optics, and the fishers working the waters off Bajo de Masinloc are the ones who pay for the quiet.

Carmen Villanueva profile image
by Carmen Villanueva

At this summer's summit rounds, the PRC is pitching Vietnam and Malaysia a joint-development framework for the South China Sea, oil and gas sharing dressed as cooperation. The offer is aimed at the two ASEAN claimants Beijing thinks it can peel off. Manila is not the audience. The fishers who launch from Zambales toward Bajo de Masinloc are not in the room at all.

The line that carries all of this is the Code of Conduct, negotiated for more than two decades and now near a draft that reads calmer than the water it governs. The calm is the point. A code that avoids binding enforcement lets everyone photograph a handshake, and it lets the party with the most ships keep the ships where they are.

What a soft draft actually protects

Diplomats frame the joint-development pitch as pragmatism, shared costs, shared gas, less friction. On paper it lowers the temperature. In practice a resource-sharing deal signed while the 2016 arbitral ruling goes unenforced hands Beijing a de facto win, because sharing implies a dispute worth splitting rather than a coastline that already belongs to someone under the law.

Vietnam and Malaysia have their own reasons to listen. Hanoi wants its gas blocks worked without a standoff every drilling season, and Kuala Lumpur has fields off Sarawak it would rather pump than defend. A framework that keeps their rigs running is tempting even if it never names who owns the seabed.

The cost of that temptation lands somewhere specific. When the code stays soft and the maritime militia stays parked, the boats that cannot afford a standoff are the small ones.

The bill Zambales pays

Fisherfolk groups and Philippine officials have reported the same pattern for years: China Coast Guard vessels shadowing wooden boats, water cannon on the approach, catch cut short because the fuel it takes to reach the shoal is not worth a day chased off it. None of that stops because a summit produced a smiling draft.

A code without teeth does not add a single patrol to protect a municipal fisher. It removes the pressure that a binding one might have created. The optics of calm and the reality on the water are two different documents, and only one of them gets signed.

Manila's position is the weakest kind of strong: it has the law on its side and the fewest hulls to enforce it. So it leans on ASEAN consensus, and consensus is exactly what a joint-development side deal with Hanoi and KL is designed to fracture.

Who gets read into the deal

None of this makes China the only actor worth naming. Vietnamese and Malaysian negotiators are choosing their gas over a united claimant front, and every ASEAN chair that punted the code down the road left it softer than it found it. The local machinery is real. But the boats do not sail themselves off the shoal, and the militia that pushes them off flies one flag.

The fisher deciding whether tomorrow's diesel is worth the trip is not weighing geopolitics. He is weighing a chased-off day against an empty hold, and a Code of Conduct that trades enforcement for calm has already made that choice for him. The draft protects the summit photo. It does not protect the catch that feeds Zambales, and nobody at the table has to.

Carmen Villanueva profile image
by Carmen Villanueva

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