3 - Life in ASEAN After the Entry into Force of the ASEAN Charter: Implications and Follow-ups

Summary

This chapter explores how the ASEAN Charter has changed or will change ASEAN in four areas: (1) democracy; (2) human rights cooperation; (3) becoming a more rules-based organization; and (4) organizational structure. It will not attempt to examine how the Charter is going to change the member states of ASEAN. That important but highly sensitive question will have to be addressed by each member state concerned.

DEMOCRACY IN ASEAN

As an inter-governmental organization, ASEAN is actually very democratic. Just look at the following evidence: sovereign equality as one of the principles (Article 2, Paragraph 2a of the Charter); every member state is equal in representation and participation in ASEAN; annual rotation of the ASEAN chairmanship; no weighted voting right or veto power; decision-making by consultation and consensus; and equal contribution to the annual operational budget of the ASEAN Secretariat, etc.

Sovereign equality begets non-interference. But non-interference cannot be absolute when a state joins a regional grouping like ASEAN and takes part in its community-building endeavour. Hence the Charter includes two new principles: “shared commitment and collective responsibility in enhancing regional peace, security and prosperity” (Article 2, Paragraph 2b) and “enhanced consultations on matters seriously affecting the common interest of ASEAN” (Article 2, Paragraph 2g). All the principles in Article 2 must be accepted and upheld as a whole set. No member state can pick and choose to highlight some principles and ignore the rest.

Unlike the EU, ASEAN has never prescribed any political criteria of its membership. The Charter's Article 6 on Admission of New Members merely lists the following: (a) geographical location in Southeast Asia; (b) recognition by all ASEAN member states; (c) agreement to be bound and to abide by the Charter; and (d) ability and willingness to carry out the obligations of membership.

Consequently, ASEAN may be the only inter-governmental organization in the world with such amazing political diversity.