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- EVENT SUMMARY -
Summary
After the postponement of the ASEAN Summit, questions remain about the relevance of the ASEAN Charter in
light of the current political, economic and security challenges facing the region. Would experience of the past 12
months since the adoption of the ASEAN Charter suggest the future direction of “an ASEAN Charter for ASEAN
Peoples?”
Dr. Thitinan Pongsudhirak highlighted 3 major obstructions to the successful implementation of the ASEAN
Charter; Conceptual, Structural, and Economic. Dr. Thitinan noted that recent political dramas in the ASEAN
region have distracted ASEAN from its core goals. He explained that there is a dire need to harmonize regime
types across ASEAN, before codifying agreements. Dr. Thitinan concluded with concern that recent events
political events in Thailand will give some ASEAN members an excuse to move away from democratization
efforts.
Supaporn Chonnapataweep noted that the ASEAN senior ministerial meeting on youth still does not engage
marginalized youth. Youth and children are often put as second to adults. As the representative to youth, she
thinks this is not quite correct because youth have rights and should not have to wait for them. We can act
now. We can vote. We can work. The adults should listen to us.
“Someone told me if you want to go fast you go alone, if you want to be sustainable we can go together.
ASEAN should provide opportunities for young people to work together.” Ms. Supaporn noted.
Soe Aung asked when we talk about ASEAN and Burma - how can the people of Burma help strengthen the
ASEAN Charter and how can the Charter improve the situation of the people in Burma? If ASEAN lets the
Burmese junta carry on, ASEAN is murdering its own charter. ASEAN must be serious in safeguarding the
Charter’s credibility through its defense of human rights and democratic principles. ASEAN should prove it
has the guts, the political will, to stand up for its own Charter and its own self respect. Soe Aung declared it is
time for ASEAN to wake up and realize that they cannot use the ASEAN Charter as a piece of paper to block
their eyes from what is going on in Burma. He ended with a warning - If ASEAN is not prepared to
strengthen compliance requirements for the Charter, the Burmese junta will continue to cause more instability
that will affect its neighbors.
Sunai Phasuk declared that the silence of ASEAN is a chilling testimony to the failure of this regional
grouping to make itself relevant to its own people. He pointed out that ASEAN Human Rights Body is for
decorative purpose – since it is without teeth. This flaw is intentional as there is no intention for a Human
Rights Body to have role in implementation and protection of Human Rights in ASEAN.
Sunai Phasuk explained that the transformation of ASEAN can only take place with support of key member
states of ASEAN on issues they care about. Sadly, what ASEAN cares about is stability of governments and
not stability of the people. ASEAN was worried that the saffron revolution would become a nationwide
uprising would bring down the establishment in Burma. But once the Burmese regime used their ironfisted
tactics, ASEAN members saw that as stability, return to status quo. How did ASEAN members responded to
the Thailand crisis? They were worried about airport seizure etc. but relieved when stability returned
regardless of how it came about.
Sunai Phasuk finally noted that there is a way forward. ASEAN people must hold our governments
accountable, where and when we can. ASEAN people must insist that the Terms of Reference of the HR body
reflect our concerns and our needs. There is urgent need for a strong, determined and sustained push from
civil society through such processes as the ASEAN Peoples’ Forum. This is essential to ensuring that the
peoples of ASEAN get a meaningful ASEAN Human Rights Body, not sheer decoration.
Dr Thitinan Pongsudhirak:
Following a brief overview presentation of the ASEAN Charter, made the following observations:
Major impediments exist which hamper the implementation of the ASEAN Charter, and hold ASEAN back
from becoming a significant regional player.
I. Conceptual: ASEAN’s internal policy perspective is one of “self help” and non interference
in regard to domestic affairs. ASEAN Nations cooperate with each other when dealing with
“outside” issues, but mind their own business when it comes to “inside” issues.
The ASEAN Charter challenges the cardinal rule of sovereignty and non-inference, by
creating new regional bodies such as the Human Rights Body. The development of regional
bodies, that hold member states accountable, will test ASEAN members, specifically the
SPDC and the other CLMV countries.
II. Structural: ASEAN is the only international grouping that encompasses the spectrum of political
systems, in terms of regime types. This is a barrier to closer cooperation, let alone integration.
Lack of common standard of governance, shared idea of governance, or even basic criteria of
governance, prevents significant ASEAN cooperation or progress.
III. Economic: Long-standing and growing disparities between richer and poorer ASEAN members
hinder significant ASEAN cooperation or progress. With some 350 ASEAN meetings a year –
some governments cannot afford to attend all.
Political changes in Malaysia and Thailand. Malaysia is preoccupied and Thailand is obsessed with its own
political crisis. Internal political turmoil among ASEAN members diverts resources and attention away from
ASEAN. E.g. Thailand unable to host to ASEAN Summit and East Asia Summit. Cambodia and Singapore
are pushing to change the venue, in pursuit of own agenda. Meanwhile, Indonesia was offering to host out of
genuine concern. This all leads to tension among ASEAN members.
Need to harmonize regime types across ASEAN. This need to be done before codifying agreements. At this
rate there will not be much coherence in the ASEAN community by 2015. Drawing on past track record,
regional integration would probably be around the 30% mark when 2015 rolls around.
Concluded with concern that recent events political events in Thailand will give some ASEAN members an
excuse to put off democratization.
Supaporn Chonnapataweep
Discussed recent activities of the ASEAN Youth Network, namely the Youth Camp held in Chiangmai. She
noted that activities serve as a platform for young people in ASEAN to share concerns and experiences about
food, and fuel crisis, peace, and the ASEAN Charter.
She noted that while ASEAN has good initiatives regarding the charter for ASEAN people “…but we think in
a practical way, is it for real?”
She inquired how to promote the participation of people from society’s many sectors, such a marginalized
people, ethnic minorities, rural people, youths, and others who cannot speak English. How to listen to the
people. How to create meaningful participation.
The ASEAN senior ministerial meeting on youth still does not engage marginalized youth. Youth and
children are often put as second to adults. As the representative to youth, she thinks this is not quite correct
because youth have rights and should not have to wait for them. We can act now. We can vote. We can work.
The adults should listen to us.
“Someone told me if you want to go fast you go alone, if you want to be sustainable we can go together.
ASEAN should provide opportunities for young people to work together.”
ASEAN Youth Network recommendations:
1. ASEAN should have concrete mechanism to ensure participation of youth, especially in poor and
remote communities.
2. Should the current situation – financial crisis – worsen the food situation in the region – we
should be very concerned
3. Concrete measure should be taken to cope prices increases– such as social protection policy.
4. Guarantee employment and living wage
5. Capacity-building for youth to work together.
Soe Aung
Sunai Phasuk:
Silence of ASEAN concerning the surge in repression in Burma is a spine chilling testimony to the failure of
this regional grouping to make itself relevant to its own people.
ASEAN Human Rights Body is ASEAN’s attempt to be on par with other regional blocs, since it is the only
one without a Human Rights Body.
The ASEAN Human Rights Body is for decorative purpose – without teeth. This flaw is intentional. As there
is no intention – there has been no intention from beginning – for a Human Rights Body to have role in
implementation and protection of Human Rights in ASEAN.
The ASEAN Human Rights Body received a nod for a promotion role but when it comes to protection, there
is strong objection from members states. Singapore made it clear that The ASEAN Human Rights Body that
had strong protection was against tradition of ASEAN.
ASEAN doesn’t want mechanism to go very far at all. It sounds very grim but this is the true face of SEA.
The transformation of ASEAN can only take place with support of key member states of ASEAN on issues
they care about. Sadly, what ASEAN cares about is stability of governments and not stability of the people.
ASEAN did say something about saffron revolution in Burma, but those voices came from individual
countries and those concerns were quickly forgotten.
ASEAN was worried that the saffron revolution would become a nationwide uprising would bring down the
establishment. But once regime used their ironfisted tactics, ASEAN members saw that as stability, return to
status quo. Now they don’t mention Burma anymore.
Their voting behavior in the U.N. is an indication of this.
How did ASEAN members responded to the Thailand crisis? They were worried about airport seizure etc. but
relieved that there is government, regardless of how it came about. They don’t care about the principles and
context as long stability is preserved.
There is a way forward. We must hold our governments accountable, where and when we can.
ASEAN people must insist that the Terms of Reference of the HR body reflect our concerns and our needs.
There is urgent need for a strong, determined and sustained push from civil society through such processes as
the ASEAN Peoples’ Forum and other track 3 efforts. In fact we should “jump tracks” and ensure work with
like-minded partners at the track two level. This is essential to ensuring that the peoples of ASEAN get a
meaningful ASEAN Human Rights Body, not sheer decoration.
The panel discussion was followed by a lively Q & A session with the large audience that attended.
Media coverage:
ASEAN CHARTER: Silence raises questions of relevance, Achara Ashayagacht, Bangkok Post, December 13
2008.
Available online at: http://www.bangkokpost.com/131208_News/13Dec2008_news26.php
Pictures:
For more information, please contact +66 (0) 81 771 6075 or info@apf2008.org
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