ASEAN,theARFandProspectsforan ASEANCommunity ASEAN Community Part1

Emeritus Professor Carl Thayer Presentation t S P t ti to Security St di (R i it Studies (Regional) l) Australian Command and Staff College October 18 2011 18,

ASEANs Charter Members, Bangkok, A t August 1967

Indonesia, Malaysia, Philippines, y pp Singapore, Thailand

Bangkok Declaration
To accelerate economic growth, social progress and cultural development. For development a peaceful community of Southeast Asia. 2. To promote regional peace and l d stability [by adhering to] principles of the United Nations Charter. h d Ch

Phases of Development p
Phase One - 1967-75
Habits of consultation and dialogue Institutional development p Economic integration Rules b d R l based organisation i ti

Phase Two - 1976-91 Phase Three - 1992-2002 Phase Four 2003-present

Phase One - 1967-75 1967 75

Annual Ministerial Meeting (AMM)
Foreign Ministers Rotation in alphabetical order

ASEAN Standing Committee

Host nations Foreign Minister Plus Ambassadors from other four members

A virtual organisation

The ASEAN Way

Equality, respect for national E lit tf ti l sovereignty and territorial integrity Non-interference in internal affairs Renunciation of force/threat of force Inclusive dialogue and consultation Decision making by consensus Decision-making Pace comfortable to all

Regional Autonomy

Zone of Peace Freedom and Neutrality y

ZOPFAN 1971

Neutralisation of Southeast Asia

Insulate from major power intervention all in v all out all in all out

Conflict avoidance

Dialogue Partners (PMC) g ( )

Australia (1974) New Zealand (1975) EU (1977) Japan (1977) Canada (1977) C d United States (1977) UNDP (1977) South Korea (1991) India (1996) China (1996) Russia (1996) Pakistan (1997)*
*sectoral partner

ASEAN-Related Meetings g

Much Ado About Nothing? g First phase: ASEAN survived Fi t h i d Intra-regional disputes minimized g p Habit of consultation established Basis for economic cooperation Idea of regionalism took hold The ASEANs

Phase Two - 1976-91

1st Summit, Bali, Indonesia 1976 ASEAN Declaration of Concord Treaty of Amity and Cooperation (TAC)
ASEAN High Council

Bali Concord I Economic Program of Cooperation g ( ) Enlargement (Brunei 1984)

Institutionalization ASEAN Secretariat Jakarta

Phase Three - 1992-2002 4th Summit Singapore 1992

Southeast Asia Nuclear Weapons Free Zone Treaty (SEANWFZ) 1995 Enlargement (Vietnam 1995) Multiple crises 1997-98 Bali terrorist bombings 2002
regional autonomy

ASEAN Free T d Agreement F Trade A t

Multiple Crises 1997-98 p

Asian Financial Crisis Indonesian forest fires ASEAN enlargement CLM
One southeast Asia

Domestic upheaval in Cambodia

Asian Financial Crisis 1997-98

Indonesian Forest Fires/Haze

September-October 1997

ASEAN Enlargement g
1984 Oil rich monarchy h

Brunei

1995 communist co u st

ASEAN Enlargement 1997 g

Debate Over Non-Interference

Admission of Myanmar and Crisis in Cambodia Constructive Engagement Constructive Intervention Flexible Engagement Enhanced Interaction

ASEAN: Two Tiers and One Fault Line Developed

Brunei Singapore Malaysia Mala sia Thailand Philippines

Closed
Vietnam Cambodia Laos y Myanmar Indonesia

Open

Developing

Phase 4: 2003-Present
9th ASEAN Summit Bali 2003 Declaration of ASEAN Concord II
ASEAN Community by 2020
Brought forward later to 2015

ASEAN Charter (2008)

L Legal personality l li Rules based organisation

ASEAN Charter Preamble

Respects the principles of sovereignty, equality, territorial integrity, nonnoninterference, interference, consensus and unity in diversity Adheres to the principles of democracy, rule of law and good governance, respect g g , p for and protection of human rights and fundamental freedoms

Purposes p
To ensure peoples and Member States live with the world at large in a just, democratic and harmonious d ti dh i environment To st engthen democ ac enhance good strengthen democracy, governance and the rule of law, and to promote and protect human rights and fundamental freedoms with due regard to the rights and responsibilities of the Member States of ASEAN

Purposes p
To maintain the centrality and proactive role of ASEAN as the primary driving force in its relations and cooperation with its external partners in a regional Respect for the independence, sovereignty, equality, territorial integrity g y y, y, g y sovereignty, q and national identity of all members

Principles p
Non-interference in the internal affairs of ASEAN members Enhanced consultations on matters seriously affecting the common interest of ASEAN Adherence to the rule of law, good governance, governance the principles of democracy and constitutional government.

Principles
Respect for fundamental freedoms, promotion and protection of human rights and social justice Uphold UN Charter, international law p , including international humanitarian law Abstention from actions which threaten the sovereignty, territorial integrity or political and economic stability of member states

Legal Personality g y
Members shall have equal rights and obligations Members to enact domestic legislation to implement Charter and comply with all obligations of membership Serious breach of Charter or noncompliance will be dealt with under Article li ill b d lt ith d A ti l 20

ASEAN Summit

Consultative Council

Political y Security Council

Economic Council

SocioCultural Council

ASEAN Coordinating Council

Comprised of ASEAN Foreign Ministers

Meet twice a year Prepare agenda for Summit Coordinate i l C di t implementation of agreements an t ti f t decisions Coordinate ASEAN Community Councils Consider reports by Secretary-General

ASEAN Summit
Comprised of Heads of State or Government f f
To be held twice annually and when necessary as special or ad hoc meetings

The supreme policy-making body

Provide policy guidance and take decisions Instruct relevant Ministers in each of the councils to hold ad hoc inter-Ministerial meetings Address emergency situations Appoint Secretary-General

Secretary General y
4 Deputy Secretaries

different diff t countries

Secretariat

180+ Staff

Committee of Permanent Representatives

Ambassadors

Administration and Procedure d st at o a d ocedu e

Role of the Chairman of ASEAN

Policy initiatives, coordination, p consensus and cooperation Timely response to urgent issues or crisis situations

ASEAN Human Rights Body g y

In conformity with the purposes and principles of the ASEAN Charter relating to the promotion and protection of h d t ti f human rights and fundamental i ht df d t l freedoms, ASEAN shall establish an ASEAN human rights body. body The ASEAN human rights body shall operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers meeting.

Article 20 Consultation and Consensus

Decision-making shall be based on k h ll b b d consultation and consensus ASEAN Summit to decide how a specific decision can be made when consensus ca ot cannot be ac e ed achieved In case of a serious breach of the Charter or non-compliance, the matter shall be referred to the ASEAN Summit for f d h S i f decision.

Settlement of Disputes p
Resolve peacefully all disputes in a timely manner through dialogue, consultation and negotiation. ASEAN shall maintain and establish dispute settlement mechanisms in all p fields of ASEAN Cooperation Good Offices, Conciliation and Mediation
Chairman of ASEAN or Secretary-General

Settlement of Disputes p
Dispute settlement Mechanisms in Specific Instruments Establishment of Dispute Settlement Mechanisms
For cases where such instrument is not p provided for, appropriate mechanism , pp p including arbitration

Settlement of Disputes p
Unresolved Disputes
To be referred to the ASEAN Summit for decision

Compliance p
Secretary-General, Secretariat or other designated ASEAN body shall monitor compliance with findings from ASEAN dispute settlement mechanism and report to ASEAN Summit S it

APEC ARF APT EAS

ASEAN Centrality