Laws governing grouping's conduct seen as vital despite concerns over their efficacy
By
Wahyudi Soeriaatmadja , INDONESIA CORRESPONDENT
Mr Surin Pitsuwan (left) presents the charter to Thai Information Minister Mun Patanotai as Singapore's Foreign Minister George Yeo and Indonesian President Yudhoyono applaud. -- PHOTO: ASSOCIATED PRESS
JAKARTA: Even as leaders of the 10 Asean countries celebrated the adoption of a set of laws committing them to democracy and economic integration yesterday, opinion was still divided as to the efficacy of the charter.
Questions remained as to whether the rules would change how member countries conducted themselves, with critics saying the terms set forth in the charter were only a rehash of those already contained in previous documents.
Charter's significance
Asean Secretary-General Surin Pitsuwan said the new charter accords a legal identity to the regional grouping for international negotiations and transactions. Though largely without enforcement action, it also sets out a common set of rules for trade, investment, environment and other fields.
A GOOD START
'We are not going to make a great leap forward on some difficult issues we have, but we have to begin somewhere.' Asean Secretary-General Surin Pitsuwan
Asean members are said to have only honoured a third of such agreements.
But the mood at yesterday's event remained upbeat, as Asean leaders cheered the charter as an important step forward in the regional grouping's 41-year lifespan.
'We believe that the charter gives us legal impetus, and if you don't rely on legal impetus, what do you have? So if we had no mechanism to settle a dispute, we have it now,' Malaysian Foreign Minister Rais Yatim said.
'We are not going to make a great leap forward on some difficult issues we have, but we have to begin somewhere,' Asean Secretary-General Surin Pitsuwan said.
The charter was signed last November, with countries given a year to push it through their legislatures. Singapore was the first to do so, with Thailand the last.
In the past two years, Asean has come under pressure to have a more formal dispute-settlement mechanism it can draw upon, when its member nations undergo internal strife.
For instance, the international community pushed for it to get involved in the crisis that ensued when Myanmar's junta launched a bloody crackdown against street protesters in September last year.
But, hamstrung by the principle of non-interference in the internal affairs of a member state, the grouping chose not to get involved, failing also to persuade Myanmar to introduce democratic reforms and to release political prisoners including Aung San Suu Kyi.
'It is part of the Asean character and history. Asean wants to protect the regional interest, while domestic issues are to be left alone,' Ms Dwi Ardhanariswari, a researcher at Centre for Global Civil Society Studies & the National Democratic Institute in Jakarta, told The Straits Times. 'From the Western world's point of view, this may be negative.'
Dr Yeo Lay Hwee, senior research fellow at the Singapore Institute of International Affairs, told The Straits Times: 'There is indeed some cynicism about the charter because it is seen as being too 'watered down' and not forward-looking enough.
'It thus misses the opportunity to send a strong signal of Asean's desire to transform itself into a more rules-based organisation with mechanisms and tools that will enable it to deal with the challenges of the 21st century.'
Still, Singapore Foreign Minister George Yeo sees the charter as a sign that Asean is making progress slowly, but surely.
He said it was a step towards 'creating better conditions for peace and economic development... as we find a more institutionalised method of settling disputes among ourselves'.
To maintain and enhance peace and security in the region, and to preserve South-east Asia as a nuclear weapons-free zone and free of all other weapons of mass destruction.
To create a single market and production base which is highly competitive and economically integrated and has free flow of goods, services and investment, with facilitated movement of labour and freer flow of capital.
To strengthen democracy, enhance good governance and the rule of law, and to promote human rights. Asean shall establish a human rights body, with terms to be decided by foreign ministers.
To respond effectively to all forms of threats, transnational crimes and trans-boundary challenges.
To alleviate poverty and narrow the development gap within Asean.
To promote sustainable development to protect the environment, natural resources and cultural heritage.
To develop human resources and well-being through cooperation on education, equitable access to development opportunities, social welfare and justice.
To promote an Asean identity through awareness of culture.
