Q+A - What's on the agenda at the Asian leaders' summit?

Tue Oct 20, 2009
By Martin Petty

BANGKOK (Reuters) - Leaders of 16 Asia-Pacific countries will meet in the Thai seaside town of Hua Hin this week for the ASEAN and East Asia Summits, a forum twice postponed because of political unrest.

Trade ties, regional security, disaster relief and human rights are among the issues up for discussion at the annual meeting which Thailand is determined to complete after a series of embarrassing mishaps.

The summit was initially scheduled for December last year but was postponed when anti-government protestors shut down Bangkok's airports. It was moved to Pattaya in April but was subsequently aborted when a rival protest group stormed the summit venue.

The 10 leaders of the Association of South East Asian Nations meet first on Friday, and then convene an East Asia summit with six other regional powers on Sunday.

WHO WILL ATTEND?

ASEAN groups Thailand, Malaysia, Vietnam, Singapore, Laos, Cambodia, Myanmar, Brunei the Philippines and Indonesia. They will be joined on Sunday by the leaders of New Zealand, Australia, South Korea, India, China and Japan for the East Asia summit.

WHICH ECONOMIC ISSUES WILL BE UP FOR DISCUSSION?

ASEAN is seeking to establish an EU-style economic community by 2015 and is due to sign an ASEAN Trade in Goods Agreement in Hua Hin, which would be a major step toward that goal. But the pact could be delayed by a dispute over rice tariffs between Thailand and the Philippines.

ASEAN is also pushing for a free trade zone with Japan, China and South Korea that might expand to other regional players.

At least 42 agreements are expected to be signed this week, including the inauguration of an ASEAN-Australia-New Zealand free trade pact and an intellectual property agreement between ASEAN and China, according to Thailand's Foreign Ministry.

HOW ABOUT THE ASEAN CHARTER?

ASEAN's much-derided Human Rights Mechanism will be launched in Hua Hin. But with no power to punish members, such as serial rights abuser Myanmar, the watchdog is toothless.

Meetings will also be held with legal experts to discuss the establishment of a Dispute Settlement Mechanism, a contentious issue among ASEAN members, many of which have centuries-old rivalries which occasionally resurface.

ARE PROTESTS A THREAT TO THE SUMMIT?

Lengthy, at times violent, demonstrations are nothing new in turbulent Thailand but after "red shirt" protestors breached army lines and literally smashed their way into the venue of April's rescheduled meeting, the government is taking no chances.

More than 18,000 police and members of the armed forces, empowered by a tough Internal Security Act, have set up a no-go zone around Hua Hin to ensure there is no repeat of the chaotic Pattaya meeting, when half of the leaders were evacuated by helicopter and others effectively imprisoned in their hotels.

WILL MYANMAR BE IN THE SPOTLIGHT AGAIN?

As always at these ASEAN summits, reclusive and recalcitrant Myanmar will likely be a focus of attention, but this time it might not be so shy.

Myanmar's prime minister last month visited the United Nations General Assembly for the first time in 16 years to promote next year's elections -- the first in nearly two decades -- part of a rare charm offensive by country's military rulers. Analysts expect they will continue to try to sell the widely dismissed polls with ASEAN's backing.

WHAT ABOUT NORTH KOREA?

Three countries involved in the stalled six-party talks on North Korean nuclear disarmament will be in town -- Japan, South Korea and China -- but no substantive talks are expected.

WILL NATURAL DISASTERS BE ON THE AGENDA?

Millions of people were affected in Southeast Asia this month when Typhoon Ketsana tore through the Philippines and parts of Indochina, and a 7.6 magnitude earthquake struck Indonesia's Sumatra, killing at least 1,000. ASEAN is expected to push for greater cooperation on disaster relief.

A declaration on climate change is also due to be adopted.

(Editing by Jason Szep and Bill Tarrant)

Enforcing the [ASEAN] charter against rogue members [such as Vietnam, Laos, Cambodia and Burma]

15-06-2009
Kavi Chongkittavorn
The Nation (Thailand)

Here lies the dilemma: Asean's old members want a new Asean while new Asean members want an old Asean. For the former, the new Asean means a more open and dynamic grouping that would not hesitate to embrace broader international norms, protect human rights and promote democratic values. For the latter, the old Asean means the preservation of status quo at all costs citing the mantra of non-interference, including the non-peer reviews.

Over the weeks, the contradiction within Asean has deepened and has been made more visible through Asean responses to the plight of Aung San Suu Kyi and other political prisoners and the drafted term of reference of the Asean human rights body (TOR-AHRB). In the past four decades, Asean members were pretty good in hiding their dirty linen. They could do so simply because their leaders were willing to keep their mouths zipped and were protected by their colleagues. Every agreement or protocol of Asean was done in good faith - non-biding without any provision for sanctions. Members' commitment and moral responsibility were the only enforcers, abstract as they were. That helped explain why only 30 per cent of some 220 plus agreements were ratified or implemented. The rest have been mired in the whirlpool of Asean bureaucratic polity.

From now on, the only instrument that can unite Asean is the Asean Charter as all members were involved in the drafting at every step. During the drafting process, the new members (Vietnam, Laos, Cambodia and Burma) spearheaded the debates and eventually shaped the charter's substance and idealism. Imperfect as it is, the charter is now considered a tool kit that would take the grouping to the next level. The huge challenge ahead is how to enforce and interpret the charter. Such an endeavour could either further divide or consolidate the 10-member grouping.

Wariness to commit

Strange but true, even though the charter was the outcome of consensus and compromise, quite a few Asean members are having problems committing to objectives and norms therein which they approved earlier. Burma and Laos have emerged as two prominent members that constantly invoke the principle of non-interference. Viet Nam and Cambodia, while still valuing the concept, are more willing to accommodate with a more liberal interpretation. This will be immediately put to the test when Viet Nam assumes the Asean chair next year, and Cambodia in January 2012.

Asean was founded in 1967 with only five members, and in 1976 they jointly drafted the Treaty of Amity and Cooperation in Southeast Asia, which turned out to be Asean's most important document and widely accepted regional code of conduct (the US plans to accede to the treaty next month in Bangkok). They did so enthusiastically as they were determined to prevent outside interference, especially from the major powers. They did not want to be pawns in the power struggles during the Cold War. However, the principle of non-interference was not meant to serve as a panacea to hide members' incompetence and oppression of citizens.

Non-interference is pivotal

That explains why the non-interference in internal affairs is one of the 14 principles contained in the charter's Article 2.2. The oft-quoted principle can no longer be used in isolation without considering other mandates entailing shared commitment and collective responsibility among members. Equally pivotal are the enhanced consultations on matters related to peace and prosperity and issues seriously affecting the common interest of Asean. The Asean chair's statement on the situation in Burma and Suu Kyi on May 19 was the outcome of such a realisation. The statement was reaffirmed by Asean foreign ministers when they met in Phnom Penh at the end of May on the sidelines of the Asean-EU ministerial meeting.

Deciding on human rights

Another challenge would be the future direction of TOR-AHRB. Next month the Asean foreign ministers will vet the final draft of TOR-AHRB in Bangkok. The contentious point remains whether the AHRB prime objective is to promote or protect human rights. Some members like Indonesia, Philippines and Thailand commonly wish the human rights body to provide maximum protection for Asean citizens. They have been trying to push for country visits, cross-border investigation of human rights abuses and periodic reviews to be included in the TOR-AHRB.

Obviously, the opponents want to protect governments in power and pay lip service to human-rights protection. To them, human-rights promotion is more palatable.

Ironically, all Asean members are subjected to the UN Human Rights Council's norms and standards. Each Asean member, like the rest of its UN colleagues, has to go through periodic reviews on human rights at the global level. It remains a mystery why Asean nations refuse to do the same within the regional human rights body. This kind of double standard policy is quite prevalent within Asean. The same was true for the aborted plan to set up an Asean peacekeeping force, initiated by Indonesia, back in 2003. Seven out of 10 Asean members, involving more than 3,000 troops, have participated in various capacities and forms with 19 UN peacekeeping operations around the world. None of them has joined together to keep peace under the Asean flag. Thailand, Malaysia and the Philippines took part in the peacekeeping operations in East Timor in 2000.

Under the 2005 Agreement on Disaster Management and Emergency Response, Asean, Burma and UN agencies are currently working together to coordinate plans to help the rehabilitation of Cyclone Nargis' victims. Asean can only deliver humanitarian assistance but without helping the Burmese victims directly.

Asean leaders should go a step further, demanding more engagements with the victims directly in the future. No provisions under this agreement prevent Asean members from doing so.

In the past few months, Asean leaders have been discussing ways and means to maintain the so-called Asean centrality in grappling with new challenges and establishing strong partnership with global players.

To do so, Asean members understand they must comply faithfully with the charter's objectives and norms through new flexibility and pragmatism, even if they have to go against rogue members.

Cambodia Marks Asean Decade Mostly Successful

By Men Kimseng, VOA Khmer
Original report from Washington
05 May 2009

In its first 10 years as a member of Asean, Cambodia has achieved positive returns diplomatically, politically and economically, senior government officials say.

Cambodia became a member of the 10-nation bloc on April 30, 1999, and since then has used Asean as a gateway for doing business and strengthening relationships with development partners, Kao Kimhourn, secretary of state for the Ministry of Foreign Affairs, told VOA Khmer.

“We have been working through the Asean framework to build relationships with Asean’s dialogue partners, such Asean-plus-1 and –plus-3,” he said. “Through this we were able to boost stronger relationships and mobilize resources to develop Cambodia.”

Cambodia’s Asean accession took place weeks after a new government was formed, following nearly a year of political deadlock after 1998’s turbulent elections. The country then set out on strategy to integrate itself in the region and to normalize relations with the international community, as a means of promoting economic development.

“From 1999 to 2009, we achieved high economic growth. On average in the past 10 years we have made around 9.3 percent growth,” Hang Chuon Naron, permanent vice-chair of the Supreme National Economic Council, told VOA Khmer in a phone interview.

Hang Chuon Naron, who is also the general secretary of the Ministry of Economy and Finance, added that inflation was kept at a low level while Asean membership brought investor confidence to Cambodia’s banking sector.

Deposits increased from $300 million in 2001 to almost $3 billion at present.

Asean members are Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam—a market of some 500 million people.

According to the Ministry of Commerce, Cambodia exported more than $27 million in garments, manioc, aluminum cans, textiles and cashews to Asean countries in 2008.

However, some say more needs to be done.

“What we should do more of is to have an economic policy that can attract more investors from Asean nations to Cambodia,” said Chheang Vannararith, executive director of the Cambodian Institute for Cooperation and Peace.


Some analysts expressed concern that economic growth did not contribute much to poverty reduction. The country’s poverty rate was still at 30.1 percent in 2007, and at the same time the World Bank has warned that 200,000 more will fall below the poverty line this year.

Human Right Party President Kem Sokha said that the human rights records in some Asean nations had not yet improved, and he recommended a regional human rights body be formed that Cambodia should be part of it.

“If Cambodia takes part in this Asean human rights body, my view is that Cambodian people will benefit more in the future, because once the authority here fails to solve their complaints, they can go to the regional body for help,” Kem Sokha said.

Cambodia’s Asean membership has not helped much in a current border dispute with Thailand near Preah Vihear temple, which has continued since July 2008, after the temple was named a Unesco World Heritage site.

Kao Kimhourn said that while there are many mechanisms in Asean that Cambodia could resort to, both countries prefer to solve the dispute bilaterally.

So far, bilateral talks have failed to reach an agreement on a disputed stretch of land, and high numbers of troops from both sides remain entrenched in their border positions. These tensions have led to several skirmishes in the past year, causing the deaths of at least two Cambodian and three Thai soldiers.

Even so, some Cambodian officials say they hope the once a newly adopted Asean charter is fully in place, disputes such as this one can be solved easily.

Cambodian official: ASEAN Charter opens new era

PHNOM PENH, Feb. 18 (Xinhua) -- Ahead of the upcoming ASEAN (the Association of Southeast Asian Nations) summit in late February, a Cambodian senior official has highlighted the importance of the ASEAN Charter, saying it opens a new era for ASEAN itself.

The Charter is important because it is designed for the first time to set common goal of ASEAN on how to play its profile, how to tackle problems in the framework as a legal binding, Kao Kim Hourn, Secretary of State for the Ministry of Foreign Affairs and International Cooperation, told Xinhua in a recent interview.

"It is also a good timing to do emphasis on the start of implementation despite the fact that the Charter was already adopted and ratified by all member states," he said.

Meanwhile, he said that ASEAN leaders will discuss how to tackle the global financial crisis during the summit.

"ASEAN needs to go forwards, and it needs good cooperation and unity of all member states while facing the global financial crisis," he said.

"Each ASEAN member state has its own policy on how to respond or curb with the current financial crisis, but since the crisis may impact one after another, it is a good forum that the ASEAN leaders get together plus its dialogue partners to discuss on the matter," he added.

Thailand is scheduled to host the 14th ASEAN summit from Feb. 27 to March 1.

Asean on way to single market

December 16 2008
The Herald (UK)

The Association of South-east Asian Nations (Asean) yesterday moved to forge an EU-style community, signing a charter that makes the bloc a legal entity and could pave the way towards a single market in seven years.

Asean Secretary-General Surin Pitsuwan said the charter, which was ratified by foreign ministers, gives the group a legal identity for international negotiations and transactions. It also sets out rules for trade, investment, environment and other fields.

Until now, the 10-nation bloc has been little more than a talking shop, forging agreements through consensus and steering away from confrontation.

A key goal of the charter is to set up a single market by 2015 for the vast region of 500 million people, though the global financial crisis and political instability in several member states could derail those plans. The most controversial part of the charter is a proposed human rights body, details of which will be hammered out at a summit in Thailand in February.

Asean, founded during the cold war, consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

Association of South East Asian Nations Enacts New Charter

ASEAN officials attend the 'Welcoming the Entry into Force of ASEAN Charter' ceremony in Jakarta, 15 Dec 2008

By Katie Hamann, VOA
Jakarta
15 December 2008

The charter of the Association of South East Asian Nations now has official status, binding members to an enhanced legal framework. But as Asia begins to experience the full force of the global economic crisis it may be some time before the grouping begins to operate as a European Union-style community.

More than four decades after it came into being the Association of South East Nations on Monday become a legal entity and perhaps a new force for unity for its 10 members.

Speaking at a meeting of ASEAN foreign ministers, Indonesia's President Susilo Bambang Yudhoyono called the charter's ratification a momentous moment, signaling the transformation of ASEAN.

"The charter can be the basis for speeding up and strengthening our regional interfaces. By virtue of its provisions we can enhance the process by which we are transforming ASEAN from a loose association to an ASEAN community, resting on the pillars of political security cooperation, economic cooperation and socio-cultural cooperation," said Mr. Yudhoyono.

The charter includes commitments to the principles of democracy, the rule of law and good governance and respect for and promotion of human rights.

ASEAN's members are Brunei, Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam.

They are home to half a billion people. In terms of development, they range from wealthy modern Singapore and Brunei to impoverished, agrarian Laos and Cambodia. Politically, members include democratic Philippines and Indonesia, and military-ruled Burma.

ASEAN's Secretary-General Surin Pitsuwan says that all members have work to do on the charter's commitments.

"Democracy, it's a yo-yo in the system, it's a yo-yo in the region. Some countries used to be ahead of others, now they are behind. They are all in the process of transforming themselves to become more open, more participatory, more democratic. None of them is perfect," he said.

The charter was to have been inaugurated at the annual ASEAN summit in Thailand this month, but a political crisis there forced its postponement. Monday's meeting at the Jakarta secretariat was convened specially to enact the charter.

The charter opens the door to a single ASEAN market within seven years. However, the unfolding global economic crisis may yet block that goal. There are fears that the crisis may slow efforts to negotiate the free trade agreement.

ASEAN has also come under attack for failing to address human rights abuses by its member, particularly in military-ruled Burma.

Political analysts say the group will likely stick to its tradition of not interfering in each other's affairs.

But Secretary-General Surin says human rights advocates now have a legal document to add weight to their claims.

"And those of you out there who are interested in the issue of human rights can always make noise referring to this document. It has to begin somewhere, rooms for improvement. But to say this piece of paper, this document is worth nothing is not true," added Surin.

The postponed ASEAN summit is now planned for next February or March.

ASEAN meets to launch charter creating new bloc [-Will it bring about any change to Cambodia?]

(R-L) Asean Secretary General Surin Pitsuwan, Indonesia's Foreign Minister Hassan Wirajuda, Cambodia's Foreign Minister Hor Nam Hong, Brunei's Foreign Minister Mohamed Bolkiah, Vietnam's Foreign Minister Pham Gia Khiem, Thailand's Information Minister Mun Patanotai, Indonesian President Susilo Bambang Yudhoyono, Singapore's Foreign Minister George Yeo, Philippine's Foreign Minister Alberto Romulo, Myanmar's Foreign Minister Nyan Win, Malaysia's Foreign Minister Rais Yatim and Lao's Foreign Minister Thongloun Sisoulith join hands during the opening ceremony of the ASEAN foreign ministers' meeting in Jakarta December 15, 2008. REUTERS/Supri

Mon Dec 15, 2008
By Olivia Rondonuwu

JAKARTA (Reuters) - Southeast Asian foreign ministers met on Monday to implement a charter setting up a bloc of half a billion people, but hopes of building a European Union-style community may be blown off course by the global economic crisis.

Often dismissed as a talking shop, the 10 member Association of Southeast Asian Nations (ASEAN) signed the charter in November 2007 with the aim of creating an economically, socially and politically integrated bloc by 2015.

But even without the impact of the credit crunch, political turbulence in some of the eclectic grouping of nations ranging from highly developed Singapore to Laos, a poor landlocked communist state, makes the task look increasingly tough.

Singapore Foreign Minister George Yeo said there was a danger that the region could face protectionist pressures as the global economic crisis deepens.

"It's true in nature that all countries now find that protectionist tendency is coming stronger because of the crisis, but that's all the more important to think of the trade agenda in the process to counter this protectionist force," said Yeo.

Analysts said the charter faced too many obstacles right now in the diverse region of 560 million people.

"For the time being, it will be better to postpone the discussion and preparation toward economic integration, because now the more important thing is how they can support one another to be able to come out of this crisis with minimum damage," said Enrico Tanuwidjaja, an economist at OCBC Bank in Singapore.

Indonesian Foreign Minister Hassan Wirajuda said a meeting of finance ministers should be held by January to discuss the Chiang Mai Initiative, a network of bilateral currency swaps worth $118 billion between ASEAN and its dialogue partners China, Japan and South Korea.

The idea is that a country facing a short-term liquidity shortage can borrow reserves from partners to absorb any heavy selling pressure on its currency without having to resort to damaging devaluations, as some did in the crisis a decade ago.

ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

NEW SUMMIT SLATED FOR FEBRUARY

While the EU and organizations such as NAFTA (North American Free Trade Agreement) have created major trading blocs, ASEAN has lagged behind.

Marking an inauspicious start, the ASEAN charter was supposed to be unveiled at a summit in the northern Thai city of Chiang Mai this month, but a heightening of a three-year political crisis in Bangkok meant that Indonesia stepped in to host a meeting of foreign ministers.

A new summit could be held in Thailand, the group's chair, between Feb 24-26, ASEAN Secretary General Surin Pitsuwan said, although there appears to be no swift end in sight to the Thai political crisis, pitting Bangkok's royal and military elites against supports of ousted and exiled leader Thaksin Shinawatra.

On Monday, at least 200 supporters of Thaksin blocked access to Thailand's parliament and threw bricks at cars of some MPs after opposition leader Abhisit Vejjajiva won a thin majority in a vote to become prime minister. The ASEAN charter was agreed last year and then gradually ratified by members, with Indonesia the last to ratify it in October.

The charter was also held up by objections over human rights from members such as the Philippines, which has been a strong critic of the Myanmar junta for its continued detention of democracy icon Aung San Suu Kyi.

(Additional reporting by Harry Suhartono, Tyagita Silka and Sonya Angraini; Writing by Ed Davies; Editing by Sanjeev Miglani)

[ASEAN Charter:] Silence raises questions of relevance

Saturday December 13, 2008
ACHARA ASHAYAGACHAT
Bangkok Post

ASEAN CHARTER

The postponement of the 14th Asean summit, earlier scheduled for next week (Dec 15-17) in Thailand, raises questions about the relevance of the Asean charter to the current political, economic and security challenges the region faces.

The Asean foreign ministers therefore have to convene a special meeting on Monday to discuss the re-scheduling of the summit and other relevant matters, to shore up the waning confidence in this regional organisation and to celebrate the much-awaited charter at the Jakarta-based secretariat.

Within the region, there have been doubts that the Asean charter, to be spearheaded under the Thai chairmanship, would succeed in "revitalising a people-centred community and reinforcing human development and security for all the peoples of the region".

Even more doubtful is the prospect of the new organs envisaged by the charter, in particular the Asean human rights bodies - expected to be completed by the end of the Thai chairmanship next year. Critics fear that without substantive changes to the way Asean has been operating, the new organs would end up as decorative pieces put in the charter just to lure domestic and international attention.

Asean's relative silence towards the political bickering and airport siege in Thailand that spilled over to the point they could qualify as violations of human rights - apart from the fact that they caused the Asean summit to be postponed - indicates that the core policy of "non-interference" and "constructive engagement" is likely to be the order of the day.

Sunai Phasuk, coordinator of Human Rights Watch in Thailand, said Asean's silence on Thailand's case adds to the impression that the regional body is ineffective in dealing with human rights violations. Burma also would be a case in point.

"It is just a contradictory signal. Asean said the new Asean human rights mechanism will promote and protect the rights of the Asean peoples, but their bulwark non-interference principle certainly goes against the nature of these two human rights aspects, to begin with," said Mr Sunai.

Without any strong reaction from Asean, the grouping is seen as condoning such anti-democratic trends as the week-long takeover of Suvarnabhumi and Don Mueang airports in Bangkok by protesters going under the banner of the People's Alliance for Democracy.

"Thailand and Burma are adequate test cases for the toothless Asean. The governments of Asean have preached what they cannot offer. But they need to show to the world that this region also has some effective mechanisms like what Africa has," he said.

Chulalongkorn University associate professor Thitinan Pongsudhirak shared a similar view. The Thai example and how Asean responded to it can be a precedent for countries like Burma, Cambodia, Laos and Vietnam, as well as Asean dialogue partners including China, to cite for a future slide along an undemocratic path.

"What happened in Thailand has also affected the spirit of Asean, its efforts in creating a rule of law within the region. China considers our case a lesson. And it may be justified if it chooses to withhold a democratisation process for fear of political turbulence," said Mr Thitinan.

Other regional human rights bodies such as the Asia Human Rights Commission have also called for greater global attention to the political tension in Thailand, which has gone on for several months without any discernible reaction from domestic human rights bodies.

"Having vacillated on the 2006 coup, the international community cannot afford to let things go on without some meaningful intervention this time. If Thailand slips further backwards it will be to the detriment not only of its own but the entire region's. At a time that repressive anti-democratic forces are either making a comeback or strengthening their positions almost everywhere, Thailand cannot afford to be lost," the Hong Kong-based AHRC stated.

Members of the Asean civil society consider the charter a state-centric tool, being written by government officials without genuine, broad consultations with civic groups. The charter provides no institutionalised mechanisms, such as the NGO Consultative Status to the UN, in which a civil society can contribute to or comment on the decision-making process.

Pokpong Lawansiri, from Asian Forum for Human Rights and Development (Forum-Asia), said that to Asean leaders, the civil society's role is to be informed about decisions that are made, not to play any role in their making.

He added, however, that the regional body should take note that there has been increasing interest among civil society groups in seeing the association become more relevant and capable of handling issues that concern the peoples of the member countries - migrant workers and human trafficking, among others.

Pairoj Polphet, president of the Union of Civil Liberties, said the new government of Thailand must put the organisation of the Asean summit at the top of its priority list.

"As chairman of Asean under the new context of the charter, our ability to host the summit as soon as possible is a key message to not only the regional bloc but the international community that our political stability has been recovered."

Mr Pairoj added that civil society would not go against Asean cooperation projects but would like to have a say in regional affairs as they would affect people's lifestyles and well-being.

It is now in the hands of Asean officials and governments whether to shape the Asean human rights body (whose official name has yet to be created) to the high expectations people have of it.

Surin [Pitsuwan, ASEAN Sec-general,] welcomes Thailand's ratification of Asean charter [-Thailand's barb back to Hun Sen]

September 18, 2008
The Nation
Jakarta

Asean Secretary-General Dr Surin Pitsuwan has expressed relief when Thailand ratified the Asean Charter in three readings on Tuesday's night making it the eighth member to have done so.

"Thailand has taken an important step as the chair because there have been some reservation of its ability and commitment to take care of the Asean community," Surin told The Nation in an interview.

Thailand's ratification and Surin's comment came after Cambodian Prime Minister Hun Sen commented that because of the political uncertainty in Thailand, the chair should be returned to Singapore or given to Vietnam.

The region and the international community, especially the dialogue partners of Asean would be further energized by the charter's ratification and witnessing Asean as a legal entity, according to Surin. Only Indonesia and the Philippines are the two members which have not yet ratified. Their lawmakers are planning to do so within coming weeks.

He also expressed confidence that more dialogue countries would appoint Asean ambassadors in the near future. The US, Australia and New Zealand have already appointed their respective ambassadors. Only New Zealand has appointed the current ambassador to Jakarta as the Asean envoy in resident.

ASEAN foreign ministers gather for retreat

Tue, February 19, 2008
DPA

Singapore - Foreign ministers from the Association of South-East Asian Nations (ASEAN) gathered at Singapore's Sentosa Island Tuesday for an focusing on the annual retreatimplementation of the 10-nation group's charter and speeding-up its integration.

The two-day gathering is also to focus on regional developments, a statement from Singapore's Foreign Affairs Ministry said.

Leaders from the ASEAN countries signed the charter at their summit November 20 in Singapore. It commits members to democracy and protection of human rights, mandates the establishment of a human rights body in the region and aims to turn the region into a European Union-style market.

Ratification must come from all members before the economic and political bloc of 560 million people could be created.

Philippine President Gloria Arroyo has warned ASEAN that her country's Congress would not ratify the charter if Myanmar does not release pro-democracy icon and Nobel Peace Prize laureate Aung San Suu Kyi.

Other countries also have reservations over the pledge to form a human rights body.

Indonesian Foreign Affairs Minister Hassan Wirajuda met his Singapore counterpart, George Yeo, Monday. Both agreed on the need to speed up the momentum toward ASEAN integration and the importance of all member nations to ratify the charter as soon as possible.

ASEAN groups Singapore, Thailand, Malaysia, the Philippines, Indonesia, Brunei, Vietnam, Cambodia, Laos and Burma.

Attending the retreat for the first time is Deputy Prime Minister and Foreign Minister Thongloun Sisoulith of Laos.

ASEAN destroys its own credibility

03 December 2007
Thang D. Nguyen
Asia Sentinel

The publicity over ASEAN's failure of nerve about Burma obscures other troubles with its new charter

While international organizations and regional blocs like the European Union are trying so hard to stay relevant, the Association of Southeast Asian Nations (ASEAN) seems not to be bothering.

First was the disastrous and disgraceful climbdown at the recent 13th ASEAN summit in Singapore, when the organization bent to the demands of Burmese Prime Minister Thein Sein in refusing to allow United Nations Envoy Ibrahim Gambari to brief leaders and their dialogue partners from Australia, China, India, Japan, New Zealand and South Korea on Burma’s crackdown on Buddhist monks and civilian protesters — forcing Prime Minister Lee Hsien Loong of Singapore, which now chairs ASEAN, to scrap the meeting.

Worse yet is the ASEAN Charter, which confirms that the principle of non-interference will remain unchanged. Gloria Macapagal Arroyo, herself mired charges of corruption and a domestic mess last week with an attempted coup, at least stood up and said she wouldn't sign the charter unless the long-confined Nobel laureate and opposition leader Aung San Suu Ky is freed and Burma agrees to some degree of human rights liberalization.

Leaders from the 10 member countries ended up signing a charter that aims towards comprehensive integration, but that has significant problems that certainly render the charter problematical, if not meaningless. On the economic front, the charter contains the ASEAN Economic Community (AEC) Blueprint that was adopted at the summit. Similar to — if not inspired by — the European Economic Community, the AEC Blueprint aims for complete economic integration among 10 member countries by 2015.

For a group as diverse as ASEAN, whose members are Brunei, Cambodia, Indonesia, Laos, Malaysia, Burma, the Philippines, Singapore, Thailand, and Vietnam, the AEC Blueprint is, indeed, a bold and encouraging vision. But at the same time, the very diversity of or imbalance among the 10 members' economies makes it very difficult to realize the AEC Blueprint by 2015 as planned.

At the heart of this plan is the Common Effective Preferential Tariff (CEPT), which ultimately targets a zero tariff rate among the 10 members. While this goal is easier to reach for advanced economies in ASEAN, namely Brunei, Indonesia, Malaysia, the Philippines, Singapore, and Thailand, it is more difficult for their less developed fellow economies, namely Cambodia, Laos, Burma and Vietnam. The main reason is that the latter group, as do most developing countries, tends to have high tariff rates as a way to maintain or improve their terms of trade (prices of a country's exports over its imports).

Understandably enough, ASEAN's less-developed economies are given a later schedule for tariff reduction. But for the AEC vision to be realized, it will require a strong political will, discipline and leadership from them and the rest of ASEAN.

Put differently, what happens if any member — regardless of its economic stage — which does not respect and meet the deadline of tariff reduction and other requirements set out by the AEC Blueprint? Is there some sort of punishment for those that don't do their parts and, thus, fail the whole AEC vision altogether? And may other members have any say?

Sadly, the answer to these questions is negative. The cause of this is nothing other than ASEAN's fundamental principle of non-interference.

Forty years ago when ASEAN was founded, its founding fathers — some of whom are still alive — agreed that all ASEAN members would not interfere with matters considered to be a fellow member's domestic affairs. After the Cold War, this principle seemed to work well for ASEAN, whose members then were Brunei, Indonesia, Malaysia, the Philippines, Singapore, and Thailand.

As the group grew larger and inducted Cambodia, Laos, Burma and Vietnam in the early 1990s, however, the political structure changed. Indeed, the new four members' political systems and ideologies were, and still are, very different from those of the original six. Nevertheless, ASEAN's political culture, or the principle of non-interference, stayed the same.

To be fair, ASEAN did surprise the world in 2003 when it urged Burma's military rulers to free Ms Suu Kyi, whose National League for Democracy secured a landslide, but unrecognized, victory in a 1990 election. Last year, an ASEAN Inter-Parliamentary Myanmar Caucus was even established, with the primary aims of pushing democracy in Burma and helping free Ms Suu Kyi. To ASEAN's credit, the pressure it exerted in the past led to Burma giving up its scheduled turn as the chair of the association last year (the Philippines took the position, as it was next in line).

And at first in September, when the Burmese junta cracked down brutally on protestors, ASEAN initially showed that it was breaking away from its excessively polite political culture and the principle of non-interference. Singapore’s Lee, who currently chairs the group, said ASEAN cannot "credibly remain silent or uninvolved in this matter."

"National reconciliation means opening of meaningful dialogue with Aung San Su Kyi and the NLD (National League for Democracy); (it) means releasing political detainees, including Aung San Su Kyi; (it) means moving forward to achieve a peaceful transition to democracy and to address the economic hardships of the population of Myanmar," he said.

But, alas, ASEAN is not in favor of sanctions or dismembering Burma, as the US Senate and the Human Rights Watch Group have urged, although during the summit, ASEAN did make its position clear that Burma cannot go back to the status quo — a position obscured by the cave-in on Gambari's briefing. By all accounts, ASEAN is the loser, having first attempted to discipline Burma and then being forced to back away. In addition, international outrage over Burma's military crackdown is stalling ASEAN's trade negotiations with the United States and causing serious diplomatic difficulties with the European Union

This is no way for ASEAN to maintain its credibility. Now that it has broken its premise of non-interference through its statements and actions towards ASEAN thus far, maintaining the principle, if anything, will make ASEAN hypocritical.

Burma, as a consequence, will get spoiled again, as it knows that it can continue to keep Aung San Suu Kyi under arrest and suppress democracy and ASEAN won't do a thing since it is considered an internal matter. Not only has ASEAN continued to back the wrong horse, but it has lost its face in the international community.

The writer is a Jakarta-based columnist. More of his writings can be read at
www.thangthecolumnist.blogspot.com

Southeast Asian Pact Exposes Rifts

November 21, 2007
By WAYNE ARNOLD
The New York Times (USA)

SINGAPORE, Nov. 20 — Southeast Asian leaders signed a charter here on Tuesday that was drafted as a watershed document to bind the region together in a European-style economic community, but the pact has instead exposed the sharp divisions over one of its members, Myanmar.

The Asean charter establishes the group as a legal entity, creating permanent representation for members at its secretariat in Jakarta, Indonesia, and committing heads of state to meetings twice a year. It includes a blueprint for economic reforms intended to create a European-style trading bloc by 2015, with free movement of goods, services, investment and skilled labor. The document also sets timelines for the elimination of nontariff barriers and other trade restrictions.

But the president of the Philippines has warned that her country may not ratify the document if Myanmar does not institute democratic changes and release the long-detained opposition leader Daw Aung San Suu Kyi.

The blueprint also falls short of establishing the customs union many businesses in the region have been hoping for. And it includes a provision that allows members to opt out of economic commitments if other members agree.

“The charter they ended up with is very diluted, to a point where it doesn’t make any new ground,” said Thitinan Pongsudhirak, director of the Institute of Security and International Studies in Bangkok. “What we have is the codification of existing norms.”

It is increasingly clear that Myanmar is a liability to regional status. On Monday, the United States trade representative, Susan C. Schwab, warned that the situation in Myanmar was holding up progress toward a free trade agreement between the United States and Asean. And President Gloria Macapagal Arroyo of the Philippines warned that unless Myanmar committed itself to democratic reforms and released Mrs. Aung San Suu Kyi, her country’s Congress was unlikely to ratify the charter, essentially vetoing it.

Pointing to Asean’s track record of lofty targets and pedestrian achievements, economists and analysts have voiced skepticism about the group’s ability to follow Europe’s lead given the widely divergent levels of economic development among its 10 members — with rich Singapore at one end of the spectrum and impoverished Laos at the other.

“The disparities are still quite big,” said Chua Hak Bin, an economist at Citigroup in Singapore. “Don’t even talk about a single currency. It’s so far away.”

The squabbling over Myanmar only underscored the disparate levels of political maturity and development that exist between Asean’s older and newer members.

Asean’s newer members, poor and ruled by autocratic governments — Cambodia, Laos and Vietnam — empathize with Myanmar’s ruling junta and oppose efforts to press it to tolerate political dissent. Analysts said these countries feared that any stronger action by Asean on Myanmar might set an unwelcome precedent.

These three nations helped Myanmar block plans by Singapore to have the United Nations special envoy to Myanmar, Ibrahim Gambari, deliver a briefing on Wednesday to a meeting that includes leaders from Asean, China, Japan, South Korea and India. (Mr. Gambari instead held private talks with Asean leaders late Tuesday, although China’s prime minister, Wen Jiabao, reportedly declined to meet with him.)

But Asean’s original members, more developed and relatively more democratic — Singapore, Malaysia, Indonesia and the Philippines among them — now see Myanmar as a diplomatic embarrassment that needs to be handled through careful pressure and persuasion. All of Asean’s members agree that sanctions like those imposed by the United States and Europe would serve only to isolate Myanmar further and reduce what little leverage they have over the junta.

The charter resolves to create an Asean human rights body but has no provisions for enforcing compliance with any human rights standard.

“They’re more into rhetoric than real action,” said Sinapan Samydorai, president of the Think Center, a nongovernmental organization in Singapore. “They can talk about human rights, but they can’t enforce it.”

China congratulates ASEAN on signing of Charter

BEIJING, Nov. 20 (Xinhua) -- China on Tuesday congratulated the Association of Southeast Asian Nations (ASEAN) on the signing of the ASEAN Charter at a regional summit in Singapore.

"The signing of the ASEAN Charter is a landmark during the 40 years since ASEAN was established and a key result of ASEAN community building," said Chinese Foreign Ministry spokesman Liu Jianchao at a routine briefing.

"We believe that under the Charter, ASEAN will continuously advance its integration through building an ASEAN community, to further peace, progress and prosperity in the region and world," Liu said.

Leaders of the 10 members of ASEAN gathered in Singapore on Tuesday for the grouping's 13th summit, where they signed the Charter, which will transform ASEAN into a more effective, rules-based and rules-bound organization.

Citing ASEAN integration as a "strategic concept" aimed at long-term growth, Liu said that China supports the ASEAN integration process and would like to provide assistance.

ASEAN includes Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Vietnam, Laos, Myanmar and Cambodia.

The organization has a total population of about 500 million, a total area of 4.5 million square km, and a combined gross domestic product of almost 700 billion U.S. dollars.

Asean nations sign first charter

(L-R) Thailand's Prime Minister Surayud Chulanont, Myanmar's Prime Minister General Thein Sein, Vietnam's President Nguyen Minh Triet, Brunei's Sultan Hassanal Bolkiah and Cambodia's Prime Minister Hun Sen. Southeast Asian leaders opened their annual summit Tuesday with the signing of their first charter overshadowed by Myanmar, which embarrassed the region by blocking a UN briefing on the military state (AFP/Pool/Tim Chong)

Leaders of the South East Asian group of countries, Asean, have signed a landmark charter committing them to promote human rights and democracy.

The document, agreed by the 10 member states at a summit in Singapore, sets out Asean's principles and rules for the first time in its 40-year history.

But the signing ceremony took place amid continued condemnation of the rights record of Asean member Burma.

Critics say the charter will not rein in Burma's military regime.

"Of course there has been some watering down" - Ali Alatas, Ex-foreign minister of Indonesia

The generals sparked international outrage when they violently suppressed anti-government protests in September - killing at least 15 people and imprisoning thousands more.

The controversy continued at the summit, where host nation Singapore had invited the UN's special envoy to Burma, Ibrahim Gambari, to make a speech.

Burmese officials objected, and gained the support of the eight other member nations, blocking Mr Gambari's briefing.

Earlier, a senior US official had warned that Asean's credibility was at stake over its handling of the crisis in Burma.

'Momentous step'

One of the most significant pledges in the charter is to set up a regional human rights body.

But critics say it will have limited impact as it will not be able to punish governments that violate the human rights of their citizens.

Negotiators rejected some more radical plans for the charter - such as enabling sanctions and possible expulsions against member states which seriously breached agreements.

"Of course there has been some watering down," former Indonesian Foreign Minister Ali Alatas, who helped draft the charter, told the Associated Press.

But he said the document still represented a "momentous step forward".

After the signing ceremony, Singapore Prime Minister Lee Hsien Loong was similarly upbeat, saying the charter would pave the way for closer ties between member states.

"To make Asean strong and relevant, we must accelerate and deepen regional integration," he said.

"The Asean charter is a crucial step in this process."

The Association of South East Asian Nations (Asean) is composed of Brunei, Cambodia, Indonesia, Laos, Malaysia, Burma, the Philippines, Singapore, Thailand and Vietnam.

Philippines Could Block New Asia Charter [-US exerts its economic might with ASEAN over the Burmese issue]

Myanmar Prime Minister Lt. Gen. Thein Sein, left, is escorted by Singapore's Foreign Minister George Yeo, right, upon his arrival at Singapore's Changi Airport Monday, Nov. 19, 2007. Thein Sein is in Singapore to attend the 13th Association of South East Asian Nations (ASEAN) Summit. (AP Photo/Tim Chong, Pool)

By JIM GOMEZ

SINGAPORE (AP) — The Philippines warned Monday it is unlikely to ratify a landmark Southeast Asian charter on financial, trade and environmental rules for its members unless Myanmar restores democracy.

The unexpected ultimatum by Philippine President Gloria Macapagal Arroyo was a clear sign that Myanmar will continue to hamper progress by the 10-member Association of Southeast Asian Association, which touts the charter as a testament to its growing integration.

A U.S. envoy cautioned earlier that continuing accommodation of Myanmar would prevent expansion of U.S. free trade with the ASEAN bloc, and European officials said they wanted to see more pressure on the junta from its neighbors and fellow bloc members.

The new ASEAN charter would set up enforceable rules for its members, but will fail if one country fails to ratify it. The pact would set up a regional human rights body that critics have labeled toothless because it will not be able to punish governments found to violate citizens' rights.

Myanmar, also known as Burma, crushed peaceful demonstrations in September, killing at least 15 people, and has kept pro-democracy leader Aung San Suu Kyi under house arrest.

"The expectation of the Philippines is that if Myanmar signs the charter, it is committed to returning to the path of democracy and releasing Aung San Suu Kyi," Arroyo told Lt. Gen. Thein Sein, Myanmar's prime minister, during a one-on-one meeting in Singapore. "Until the Philippine Congress sees that happen, it would have extreme difficulty in ratifying the ... charter."

A copy of her remarks was given to reporters, and she repeated the comments at a dinner of ASEAN leaders, who are set to sign the charter Tuesday.

Negotiators have watered down the human rights component of the charter by dropping earlier recommendations to consider sanctions, including possible expulsion, in cases of serious breaches of the covenant by member nations.

Thein Sein crossed the luxury hotel where the summit is being held surrounded by security personnel and ignoring reporters' questions about the charter. His bodyguards pushed some reporters and photographers who approached him.

"We have a very good charter. I think everybody should be happy. It's quite balanced," senior Myanmar diplomat U Aung Bwa said in an earlier interview.

He added that he didn't believe Myanmar's internal problems should be the subject of intense scrutiny at the summit.

The top U.S. trade official warned ASEAN, however, that its lack of action against Myanmar's junta jeopardized progress on expanding a trade and investment pact signed last year with the United States, the region's top trading partner.

ASEAN "has a special responsibility when it comes to the situation in Burma," U.S. Trade Representative Susan Schwab said after a meeting with ASEAN economic ministers. "The reputation and credibility of ASEAN as an organization has been called into question because of the situation in Burma. ... It just can't be business as usual."

She said the U.S. was open to expanding trade ties with individual members.

ASEAN said Sunday that Myanmar is like a troubled child who must be disciplined by its family using dialogue, and rejected the U.S. Senate's call to suspend the military-ruled country.

Fueling criticism from the West, summit host Singapore called off a briefing by Ibrahim Gambari, the U.N. envoy to Myanmar who has been pushing the junta to ease its crackdown.

Singapore had invited Gambari to deliver an address Wednesday to the East Asian Summit, which brings ASEAN together with China, India, Japan, South Korea, Australia and New Zealand.

But Myanmar objected to Gambari reporting on the progress he has made, and ASEAN members besides Singapore backed the junta, a senior Malaysian official told journalists. Indonesia also said the invitation to Gambari was unacceptable.

European Union leaders, who were set to meet Thursday with their ASEAN counterparts in Singapore, said they wanted the Asian bloc "to use every opportunity ... to maintain the pressure for a credible and inclusive process of national reconciliation" in Myanmar.

At a meeting in Brussels, Belgium, EU foreign ministers gave final approval to bans on imports of timber, gemstones and precious metals from Myanmar and left the door open to further sanctions including a ban on junta members using Europe-based banks.

The new sanctions follow an arms embargo, a travel ban on Myanmar officials and a freeze of their assets in Europe.

The EU ministers said European leaders would use the summit to push ASEAN to do more to sway Myanmar to end its crackdown on pro-democracy groups.

ASEAN was founded during the Cold War years as an anti-communist coalition, eventually evolving into a trade and political bloc. It consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

Associated Press reporter Eileen Ng and Vijay Joshi in Singapore and Constant Brand in Brussels contributed to this report.

Burma no-show, Thai Constitution could delay Asean Charter

Wed, October 17, 2007
Kyodo News

Singapore - The planned signing of an Asean Charter by Southeast Asian leaders during their summit here next month could be delayed if Burmese leader does not attend or if Thailand is prevented from signing by constitutional demands back home, Asean chief Ong Keng Yong said.

Ong stressed, however, that he was only considering the worst-case scenario and said the 10-member Asean is still hopeful the charter can be finalized during the annual summit set for Nov. 18 to 22.

''Myanmar (Burma) is supposed to come, but we do not know what kind of temperamental outburst can happen before now and the summit,'' said Ong, secretary general of the Jakarta-based Asean Secretariat.

''Thailand will be here but if you read their new constitution, there is a restriction on what the Thai government can sign. Under the new Thai constitution it is a requirement that before the government signs anything, prior approval has to be obtained from parliament.''

Ong said a draft Asean Charter has already been readied by Asean senior officials for the leaders to sign next month.

''The charter is already done and all the difficult arguments about the paragraphs and provisions have already been settled. So it's no longer an issue with regards to the charter.''

''We don't want to delay, we must sign it in this round because if we delay...I am afraid that the momentum may be lost and the charter might not be done.''

As for Burma, which has come under international condemnation for its brutal treatment of democracy protestors, Ong said Asean expects the military junta's leader Than Shwe to attend the summit.

''I believe that the leadership in Asean are quite determined that Myanmar will be in the summit and sit at the table as part of Asean membership.''

Meanwhile, Tommy Koh, Singapore's representative in the high-level task force that drafted the Asean charter, said the charter will include agreements to establish an Asean human rights body and to ensure ASEAN members comply with agreements signed among members.

''In the past our record for honoring our agreements and commitment has been dismal with only 30 percent of agreements implemented. Under the charter, the Secretary General will be given the task of monitoring compliance, and non compliance will be reported to Asean leaders,'' Koh said.

In addition, a system of compulsory dispute settlement will be included in the charter, he said.

In terms of economic cooperation, at the request of Asean economic ministers, the charter is expected to state that not all decisions need to be taken by consensus and the principle of

''10-minus-X'' will be enshrined, which means that projects can go ahead even when some member countries hold back.

Asean groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Burma, the Philippines, Singapore, Thailand and Vietnam.

Proposed ASEAN charter promotes human rights, discourages coups [-Will Hun Sen, the 1997 coup leader, agree to this proposal?]

Wednesday, July 25, 2007
The Associated Press

MANILA, Philippines: A landmark charter being drafted by Southeast Asian countries calls for promoting human rights and nonaggression, while discouraging coups in a region which has grappled with all three thorny issues.

The Association of Southeast Asian Nations' long-overdue charter also would try to shield the region from nuclear arms, other weapons of mass destruction and external interference, according to a draft seen by The Associated Press on Wednesday.

Diplomats have been racing against time to resolve contentious issues so the draft is ready for a "legal scrubbing" by lawyers and scrutiny of foreign ministers meeting here next week.

Southeast Asian heads of state hope to sign the covenant, which would accord ASEAN a legal personality, when they gather for their annual summit in Singapore in November, marking the 40th anniversary of the 10-member bloc's 1967 founding.

Philippine Foreign Assistant Secretary Luis Cruz said the charter would codify many of the principles that ASEAN has observed, including a bedrock rule of noninterference in each other's domestic affairs.

"It'll turn ASEAN into a more rules-based organization," Cruz said.

A touchy issue has been enshrining the protection of human rights in a region where some countries' rights records have been spotty at best.

Myanmar, for example, has been condemned by Western governments and criticized even by fellow ASEAN members for ignoring calls to free political detainees, led by Nobel laureate Aung San Suu Kyi, and not implementing a promised roadmap to democracy.

The draft charter calls for the "respect of fundamental freedoms, the promotion and protection of human rights and the promotion of social justice."

A Southeast Asian diplomat, speaking on condition of anonymity because he was not authorized to speak to media, said a high-level task force drafting the charter had not yet decided whether to include a contentious provision urging the establishment of a human rights commission.

Some ASEAN members fear such a commission could allow scrutiny of rights conditions in one country, possibly violating the group's noninterference policy.

Rosario Manalo, who heads the task force writing the charter, has said a commission would allow ASEAN to deal with its human rights problems in its own way and parry Western criticism of problems in the region.

The charter calls for the continued observance of a 10-year-old treaty banning nuclear weapons in Southeast Asia and prohibits "all other weapons of mass destruction and interference by external powers."

It renounces aggression and threats of force. Members would be prohibited from backing any policy or activity that would threaten a country's sovereignty and political and economic stability.

A provision would reject unconstitutional changes of government. But some diplomats say that proposal was in danger of being stricken because some members, particularly Thailand, have heads of state who rose to power following military or public uprisings.

ASEAN was founded during the Cold War years as an anti-communist coalition, eventually evolving into a trade and political bloc. It consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.