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  • Asean leaders to sign draft
    Charter sans changes
     
    By Mia M. Gonzalez
    Reporter

    SINGAPORE (via PLDT)—Asean leaders are expected to sign the historic Asean Charter today without any amendments, after their foreign ministers endorsed the final draft of the document presented to them by the High Level Task Force  (HLTF) on Monday.

    Ambassador Rosario Manalo, Philippine special envoy to the HLTF that worked on the document, said in an interview with Philippine media at the Shangri-La Hotel here that the foreign ministers approved the final draft that was completed by the HLTF on October 20.

    “Usually, when the foreign ministers approve it, they enjoy the entire confidence of the heads of state. And I think the heads of state will support it the way it is endorsed by the foreign ministers....As far as I’m aware, it looks like it will be as is,” Manalo said.

    Asked how the foreign ministers responded to the final-draft charter, Manalo said: “They [foreign ministers] welcomed it, they supported it and they thanked us. One more step and we’re dissolved as HLTF. We’ve done our jobs.”

    She said there were no dissenting voices from Asean member-states regarding some controversial provisions of the charter, specifically on the provision for human-rights promotion as among the guiding principles of the Asean.

    The particular provision is seen as a deterrent to actions inimical to democratic principles in the region, especially in the case of Asean members with a reputation for human- rights abuse such as Burma.

    Manalo said that among the outcome documents of the 13th Asean Leaders’ Summit is a political declaration that will call on all Asean members to comply with the provisions of the charter and for them to ratify the charter as soon as possible.

    Asked to comment on criticism that the Asean Charter is nothing but a “paper tiger” because it does not provide for explicit sanctions against erring members, Manalo said the Asean has a way of dealing with its problems.

    “They say the Asean is toothless, but it has a way of doing things that are very Asean. It cannot be told by others how to do things. Whether they call it a tiger that’s toothless or with tooth, who cares? Asean does it the way that benefits and is convenient to Asean,” Manalo said.

    She said that under the charter, the final decision on errant members would rest with the Asean leaders, who can even raise the matter before the International Court of Justice (ICJ) if they all agree.

    “We do not have the capacity to set up a regional court,” she said.

    Asked if cases affecting members can be brought before an international court if there is a deadlock among the leaders, Manalo said, “If all parties agree to raise it to the ICJ.”

    Manalo said the one-year ratification period mentioned by Asean foreign ministers seem to be a concession to Thailand, the incoming Asean chair, so that the charter would take effect in the same country the Asean was founded in 40 years ago.

    She said if that happens, Thanat Khoman, the only surviving “founding father” of the Asean—a reference to the foreign ministers of the six original members who signed the Bangkok Declaration on August 8, 1967—would have the opportunity to see the Asean in a new, historic chapter.

    “If it is ratified in one year, then by the time it goes to Bangkok next year, it will go full circle. Asean was founded there, so this will be the second stage and it will be historical,” Manalo said.

    The charter, which would turn the Asean into a rules-based organization with a legal personality, would not take effect until the last country ratifies it. 

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