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  • 40 years later, Asean finally has a charter
     
    By Mia M. Gonzalez
    Reporter

    SINGAPORE (via PLDT)—Asean leaders on Tuesday signed the historic Asean Charter envisioned to ensure the relevance of the 40-year-old, 10-member grouping amid regional changes brought about by globalized trade.

    In his opening plenary remarks at the Asean leaders’ summit on Tuesday morning, Singapore Prime Minister Lee Hsien Loong called on Asean member-states to ratify the document “so that it enters into force by the next Summit in Bangkok.”

    In what appeared to be a subtle message to problematic Asean members, Lee stressed the need for Asean to “gradually adapt to a culture of compliance and implementation” because “only then can we make sustained progress and forge ahead as a grouping.” Lee said the signing of the charter “is just the beginning of a longer, continuing journey that all Asean members must take” as terms of references, among others, would have to be drafted to implement its provisions.

    “We gather here today with high hopes and aspirations. There is much work to be done, and the road ahead will not be easy. But I am confident that every member around the table shares the vision for a new Asean, and the commitment to make this vision a reality,” Lee said.

    The Asean Charter, he added, “will qualitatively change the way we approach and think about Asean. It will make Asean into a more effective and cohesive organization, with a rules-based governing framework and streamlined decision-making processes. All this will pave the way for closer integration in the years ahead.”

    The leaders later signed a Declaration on the Asean Charter where they pledged “to faithfully respect the rights and fulfill the obligations outlined in the provisions of the Asean Charter,” to complete ratification as soon as possible to enforce the document, and “to undertake all appropriate measures in each member-country to implement the Asean Charter.”

    The Charter, to be ratified by each member, binds signatories to adhere to the principle of noninterference, and to observe “respect for the right of every member-state to lead its national existence free from external interference, subversion and coercion.”

    Among its guiding principles are democracy, the rule of law and good governance, and respect for the protection of human rights and fundamental freedoms, as well as renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law.

    They also pledged to keep the region free from nuclear weapons and other weapons of mass destruction and to create a stable and highly competitive single market through an Asean Economic Community.

    The Charter retains the “Asean way” of decision-making through consultation and consensus but should this fail, the matter would be raised to the foreign ministers, and ultimately, to the leaders who would be meeting twice a year and even more, as needed, for resolution.

    Former Indonesian Foreign Minister Ali Alatas, a member of the Eminent Persons Group (EPG) formed in 2005 to advise the Asean on the  crafting of the Charter, told reporters that while the document had been partly diluted compared to the EPG’s original recommendations submitted to the leaders in Cebu earlier this year, it was still a “momentous step forward.”

    The EPG, which includes former President Fidel Ramos—who was not at the signing—had recommended sanctions against errant members, including suspension and expulsion.

    “Of course there has been some watering down. On the whole, what we have to see is that finally after 40 years we have a Charter which is designed to give a legal base and legal commitments, to Asean. It is designed to give a stronger organizational structure and operational effectiveness. So “think its a momentous step forward,” he said.

    Asked about Myanmar, Alatas said: “Why worry now? Let’s go step by step. Let’s ratify the Charter, then we have a good basis.”

    Ambassador Rosario Manalo, Philippine special envoy to the High Level Task Force which worked on the Charter for a year, said the President was very pleased with the final draft which retained some Philippine initiatives, including the creation of an Asean Human Rights Body.

    Manalo said that when the Charter was signed by the leaders, “everybody felt that there was an achievement in Asean. This is a positive step toward community building.”

    Asked whether the Charter would see through the protection of human rights among Asean members, Foreign Affairs Assistant Secretary Luis Cruz noted that the Charter mentions human-rights protection three times: in the preamble, the statement of purposes, and principles.

    Besides the creation of a human rights body, the other Philippine initiatives in the Charter include the provision in the preamble stating “an Asean Community that is politically cohesive, economically integrated and socially responsible”, and the Asean’s purpose of pushing for “human-resource development through closer cooperation in education, life-long learning, and science and technology.”

    The Philippines also pushed for the inclusion of the Asean’s declared purpose to “facilitate movement of business persons, professionals, talents and labor” in consideration of its migrant workers, the criteria on the admission of new members, a greater role for the Asean Secretary-General, and the creation of a Committee of Permanent Representatives in Jakarta, among others.

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