ASEAN Charter
Encyclopedia
The ASEAN Charter is a constitution for the Association of Southeast Asian Nations
(ASEAN). It was adopted at the 13th ASEAN Summit in November 2007.
The intention to draft the constitution had been formally tabled at the 11th ASEAN Summit
held in December 2005 in Kuala Lumpur
, Malaysia. Ten ASEAN leaders, one each from each member state, called the ASEAN Eminent Persons Group
were assigned to produce recommendations of the drafting of the charter.
In the 12th ASEAN Summit held in January 2007 in Cebu
, the Philippines
, several basic proposals were made public. The ASEAN Leaders, therefore, agreed during the Summit to set up a "high level task force on the drafting of the ASEAN Charter" composed of 10 high level government officials from ten member countries.
The task force then held 13 meetings during 2007. Some of the proposals include the removal of non-interference policy that is central to the regional group since its formation in the 1960s, and to set up a human rights body.
, at the Thai mission in New York on November 14. He issued a statement saying, "This is certainly an occasion to celebrate for the 570 million people of ASEAN. This means that when the ASEAN leaders gather at their annual summit in mid December, the ASEAN Charter will have come into force." He was referring to the charter coming into after the 14th Summit in Chiang Mai, Thailand, from December 13 to 18. In doing so he added that celebrations would follow not only for the full ratification of the charter but also the entering into force of the new basic law of ASEAN, "It will be a rules-based and people-oriented organisation with its own legal personality."
n capital of Jakarta
to launch a charter, signed in November 2007, with the aim of moving closer to "an EU-style community". The charter turns ASEAN into a legal entity and aims to create a single free-trade area for the region encompassing 500 million people. Indonesian President
Susilo Bambang Yudhoyono
stated: "This is a momentous development when ASEAN is consolidating, integrating and transforming itself into a community. It is achieved while ASEAN seeks a more vigorous role in Asian and global affairs at a time when the international system is experiencing a seismic shift," he added, referring to climate change and economic upheaval. Southeast Asia is no longer the bitterly divided, war-torn region it was in the 1960s and 1970s." The charter's aims included:
However, the ongoing global financial crisis was stated as being a threat to the goals envisioned by the charter, and also set forth the idea of a proposed human rights body to be discussed at a future summit in February 2009. This proposal caused controversy, as the body would not have the power to impose sanctions or punish countries who violate citizens' rights and would therefore be limited in effectiveness.
Association of Southeast Asian Nations
The Association of Southeast Asian Nations, commonly abbreviated ASEAN rarely ), is a geo-political and economic organization of ten countries located in Southeast Asia, which was formed on 8 August 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. Since then, membership has...
(ASEAN). It was adopted at the 13th ASEAN Summit in November 2007.
The intention to draft the constitution had been formally tabled at the 11th ASEAN Summit
ASEAN Summit
The ASEAN Summit is an annual meeting held by the member of the Association of Southeast Asian Nations in relation to economic, and cultural development of Southeast Asian countries....
held in December 2005 in Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, Malaysia. Ten ASEAN leaders, one each from each member state, called the ASEAN Eminent Persons Group
ASEAN Eminent Persons Group
The ASEAN Eminent Persons Group ' is a group of prominent citizens from the Association of Southeast Asian Nations member countries, tasked to create the charter of the ASEAN community....
were assigned to produce recommendations of the drafting of the charter.
In the 12th ASEAN Summit held in January 2007 in Cebu
Cebu
Cebu is a province in the Philippines, consisting of Cebu Island and 167 surrounding islands. It is located to the east of Negros, to the west of Leyte and Bohol islands...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, several basic proposals were made public. The ASEAN Leaders, therefore, agreed during the Summit to set up a "high level task force on the drafting of the ASEAN Charter" composed of 10 high level government officials from ten member countries.
The task force then held 13 meetings during 2007. Some of the proposals include the removal of non-interference policy that is central to the regional group since its formation in the 1960s, and to set up a human rights body.
The Charter
Principles set out in the charter include:- Emphasising the centrality of ASEAN in regional cooperation.
- Respect for the principles of territorial integrityTerritorial integrityTerritorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
, sovereigntySovereigntySovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, non-interference and national identities of ASEAN members. - Promoting regional peace and identity, peaceful settlements of disputes through dialogue and consultation, and the renunciation of aggression.
- Upholding international law with respect to human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, social justiceSocial justiceSocial justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
and multilateral trade. - Encouraging regional integration of trade.
- Appointment of a Secretary-GeneralSecretary-General-International intergovernmental organizations:-International nongovernmental organizations:-Sports governing bodies:...
and Permanent RepresentativePermanent RepresentativeA Permanent Representative is the head of a diplomatic mission to one of various international organisations. The best known of the organisations to which states send Permanent Representatives is the United Nations; of these, the most high-profile ones are those assigned to headquarters in New...
s of ASEAN. - Establishment of a human rights body and an unresolved dispute mechanism, to be decided at ASEAN SummitASEAN SummitThe ASEAN Summit is an annual meeting held by the member of the Association of Southeast Asian Nations in relation to economic, and cultural development of Southeast Asian countries....
s. - Development of friendly external relations and a position with the UN (like the EUEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
) - Increasing the number of ASEAN summits to twice a year and the ability to convene for emergency situations.
- Reiterating the use of the ASEAN flag, anthemASEAN HymnThe ASEAN Hymn is the Hymn of the Association of Southeast Asian Nations. The lyrics were written by Nicanor Tiongson and the music was composed by Ryan Cayabyab...
, emblem and national ASEAN day on August 8.
| Member State | Government Ratification Ratification Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the... | Deposit of Instrument of Ratification | Signed by |
|---|---|---|---|
| Singapore Singapore Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the... | December 18, 2007 | January 7, 2008 | Prime Minister |
| Brunei Brunei Brunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia... | January 31, 2008 | February 15, 2008 | Sultan |
| Laos Laos Laos Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ Sathalanalat Paxathipatai Paxaxon Lao, officially the Lao People's Democratic Republic, is a landlocked country in Southeast Asia, bordered by Burma and China to the northwest, Vietnam to the east, Cambodia to the south and Thailand to the west... | February 14, 2008 | February 20, 2008 | Prime Minister |
| Malaysia | February 14, 2008 | February 20, 2008 | Foreign Minister |
| Vietnam Vietnam Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –... | March 14, 2008 | March 19, 2008 | Minister of Foreign Affairs |
| Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... | February 25, 2008 | April 18, 2008 | National Assembly |
| Myanmar Myanmar Burma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south.... | July 21, 2008 | July 21, 2008 | Foreign Minister |
| Philippines Philippines The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam... | October 7, 2008 | November 12, 2008 | Senate |
| Indonesia Indonesia Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an... | October 21, 2008 | November 13, 2008 | The House of Representatives |
| Thailand Thailand Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the... | September 16, 2008 | November 14, 2008 | Parliament |
Enactment
The Charter came into force in December 2008, thirty days after Thailand's delivery of the final instrument of ratification. Thailand's permanent representative to the United Nations, Ambassador Don Pramudwinai, deposited the document with ASEAN secretary-general, Surin PitsuwanSurin Pitsuwan
Surin Pitsuwan is a longtime Thai politician. He was born in Nakhon Si Thammarat, into an assimilated Thai family of Malay descent.-Early life:...
, at the Thai mission in New York on November 14. He issued a statement saying, "This is certainly an occasion to celebrate for the 570 million people of ASEAN. This means that when the ASEAN leaders gather at their annual summit in mid December, the ASEAN Charter will have come into force." He was referring to the charter coming into after the 14th Summit in Chiang Mai, Thailand, from December 13 to 18. In doing so he added that celebrations would follow not only for the full ratification of the charter but also the entering into force of the new basic law of ASEAN, "It will be a rules-based and people-oriented organisation with its own legal personality."
Launch
On December 15, 2008, the members of ASEAN met in the IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
n capital of Jakarta
Jakarta
Jakarta is the capital and largest city of Indonesia. Officially known as the Special Capital Territory of Jakarta, it is located on the northwest coast of Java, has an area of , and a population of 9,580,000. Jakarta is the country's economic, cultural and political centre...
to launch a charter, signed in November 2007, with the aim of moving closer to "an EU-style community". The charter turns ASEAN into a legal entity and aims to create a single free-trade area for the region encompassing 500 million people. Indonesian President
President of Indonesia
The President of the Republic of Indonesia is the head of state and the head of government of the Republic of Indonesia.The first president was Sukarno and the current president is Susilo Bambang Yudhoyono.- Sukarno era :...
Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono AC , is an Indonesian politician and retired Army general officer who has been President of Indonesia since 2004....
stated: "This is a momentous development when ASEAN is consolidating, integrating and transforming itself into a community. It is achieved while ASEAN seeks a more vigorous role in Asian and global affairs at a time when the international system is experiencing a seismic shift," he added, referring to climate change and economic upheaval. Southeast Asia is no longer the bitterly divided, war-torn region it was in the 1960s and 1970s." The charter's aims included:
- "Respect for the independence, sovereignty and territorial integrity of member states"
- "Peaceful settlement of disputes"
- "Non-interference in member states' internal affairs"
- "Right to live without external interference"
However, the ongoing global financial crisis was stated as being a threat to the goals envisioned by the charter, and also set forth the idea of a proposed human rights body to be discussed at a future summit in February 2009. This proposal caused controversy, as the body would not have the power to impose sanctions or punish countries who violate citizens' rights and would therefore be limited in effectiveness.