12 - Policy Issues for ASEAN Countries

Summary

The conclusions and policy issues set out below arise from the presentations and discussions on the topics of the workshop's three sessions. They are set out here for consideration by ASEAN policymakers and officials, with the hope that they will help to improve the implementation and utilization of the Charter, the ATIGA, the ACIA and the ASEAN economic integration process.

HOW TO UTILIZE ASEAN'S LEGAL PERSONALITY?

ASEAN needs to work on and settle the question of how it wishes to utilize its legal personality. This will allow the legal personality to be used meaningfully.

NEED TO MONITOR IMPLEMENTATION OF CHARTER AND ASEAN TREATIES

Article 5(2) of the Charter requires that ASEAN countries “take all necessary measures, including the enactment of appropriate domestic legislation, to effectively implement the provisions of the Charter and to comply with all obligations of membership”. The domestic implementation of the ASEAN Charter will continue to occupy ASEAN for some time. Since more obligations will be created as ASEAN takes further steps to integrate its member states, it would be useful if ASEAN instituted regular monitoring and reporting processes. This would reduce bottlenecks in the implementation of the Charter and ASEAN treaties.

AN EXPECTATION OF CHANGE

The ASEAN Charter is intended to turn ASEAN into a rulesbased organization. The workshop felt that through its very existence the Charter had an important symbolic value. It had created an expectation that things would change. It was thus important for ASEAN members states to live up to their commitments. The implementation of ATIGA and ACIA would be important tests as to whether the ASEAN Charter has changed anything or if these remained as action plans with an emphasis on plans rather than action.

BARRIER TO INTEGRATION – INFRASTRUCTURE

It was revealed during the workshop that according to a PECC survey, the major impediments to economic integration from a Southeast Asian perspective were the domestic, behind-the-border constraints, especially infrastructure.