17th Jan 2008
Abdul Khalik, The Jakarta Post, Jakarta
The newly-signed ASEAN charter is the result of long and tiring negotiations, with an inclusion of a dispute settlement mechanism as the main achievement, the Institute for Southeast Asian Studies (ISEAS) said.
Director of ISEAS in Singapore K. Kesavapany said he was aware some people were not happy with the current charter because it "had no teeth" and was simply a preservation of current practices without provision for sanction mechanisms.
"I agree with them that it is not a perfect charter," he told The Jakarta Post.
"But that doesn't mean it's better for us not to have a charter at all, nor that it should not be ratified because we have some reservations."
Kesavapany attended celebrations for the 10th anniversary of the ASEAN Foundation, the socio-cultural arm of the ASEAN Secretariat, in Jakarta on Wednesday.
The think-tank director said the inclusion of a dispute settlement mechanism into the charter was an achievement because now the grouping had a way to settle disputes at a regional level.
"Based on my experience at the WTO, dispute settlement mechanisms are crucial because any dispute can be brought to the independent body to seek a fair decision.
"Even big countries are careful not to violate regulations because of the mechanism," he said.
The ASEAN Charter was signed in Singapore in November last year and is a legally-binding agreement that sees the group become a legal entity.
The charter aims at improving the livelihood of half a billion Southeast Asians.
Kesavapany is a noted scholar as well as Singapore's ambassador to Jordan and said cynics could not expect ASEAN to be instantly turned into a rigidly regulated organization.
He said there were still huge gaps among countries within the grouping in terms of economic development levels and political systems.
Unlike the EU, which is generally homogeneous in its culture, religion and economic conditions, ASEAN countries differ from each other in almost every respect.
In terms of history and culture, each of the 10 ASEAN members is different and unique, Kesavapany said.
Some were colonized by the British, others by the French or Dutch, and in each case, former colonizers left behind different influences.
Christianity, Islam and Buddhism are all predominant religions in ASEAN countries.
Malaysia, Indonesia, and Brunei are Muslim-majority countries; the Philippines is mostly Catholic; and Thailand, Myanmar, Vietnam, Laos and Cambodia embrace Buddhism.
ASEAN countries also comprise governments including a military junta, communist states, an absolute monarchy, in addition to quasi and full democracies.
"Against this backdrop of diversity, we can't expect movement toward democratization and respect for human rights in countries like Vietnam, Laos or Cambodia at the same pace with Indonesia or the Philippines," Kesavapany said.
"At the moment, the current charter is already a maximum achievement."
He said it was the search for common values to face future greater challenges that underlined the significance of the charter.
Although Kesavapany said several saw the continued central role of consensus in the charter would slow down decision making processes inside ASEAN.
"Moreover, we can review the charter, say, in five years as it is man-made," he said.
By then, we can make amendments and include what we see as necessary."
ASEAN Secretary-General Surin Pitsuwan said the charter could serve as a tool to enhance integration among members in facing closer relations between China, India and Japan.
"When (Japan's) Prime Minister Fukuda left China with a feeling of closer affinity with China, I received an SMS saying now ASEAN loses its relevance," Surin said.
"We must find new added value to still attract the major countries, and one way is to live up the charter."
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