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Published on November 5, 2007

The draft charter is clear on two important points that have occupied the hearts and minds of all concerned Asean citizens. First, the charter clearly stipulates in article 14 that an Asean human-rights body will be set up. That much is clear. The terms of reference have yet to be ironed out, with Asean drafters agreeing to defer the matter to next year. Since there is no specific time frame set for the drafting of the terms of reference and the establishment of the human-rights body, one expects the process will be time-consuming. The consensus principle will come into play and certainly undermine the proposed mandate of the human-rights body in whatever form.

Asean has successfully kept the idea of a regional mechanism for human rights under wraps after it agreed to set one up 14 years ago. Thailand has been one of the strongest supporters for the body, along with the Philippines and Indonesia. Bangkok also wanted the values and principles contained in the Universal Declaration of Human Rights enshrined in the Asean charter. Most members thought this was too idealistic. As far as the Thai Foreign Ministry is concerned, the charter is the best one that can be hoped for now. When ministry officials briefed the House Foreign Affairs Committee, they said they were happy with the draft and asked for support.

Again, one has to examine whether Asean is really serious about setting up the human-rights body. Asean officials have often argued that other regional organisations, such as the African Union, do have provisions for promoting and protecting human rights but still have plenty of human-rights violations. They criticised them for failing to live up to the high ideal they set for civil and political rights.

Concerning non-compliance, it has been clear from the beginning that none of the countries want to stick their neck out on this issue. In the end, the charter does not mention non-compliance. Any dispute and resolution will depend on Asean leaders. At the summit level, leaders would normally cajole one another and seek consensus rather than discord anyway.

Outsiders might wonder why the charter drafters have not taken the situation in Burma into consideration. The drafters viewed the charter as a separate matter from the political developments inside a member country, albeit one beset with violence.

During the deliberations on Wednesday at the National Legislative Assembly, there could be some problems if members raise questions concerning the signing of the charter, as well as the blueprint for the Asean Economic Community as an attached document. They might want to know what kind of benefits Thailand would receive under the blueprint. Some of them do not understand the concept of community within the Asean context.

Thailand's domestic developments over the past years have complicated regional politics. According to the new Constitution's article 190, the government needs parliament's approval to sign any treaty or enter into any international negotiation. This provision was the outcome of abuses committed during the Thaksin regime, when decisions were often made without prior consultation with state agencies and the House of Representatives.

Even though the charter-drafting process started long before the Surayud government, the new Constitution applies. Since the Asean charter will be put to vote without amendments, it will need only one reading.

Interestingly, the drafters understood the difficulty of stating the time frame for the ratification of the charter. This could be a nuisance if the process takes too long. Under normal circumstances, one would expect the charter to be ratified within a year of its signing so that it can be legally adopted next November.

If this does not happen, Surin Pitsuwan, Asean's new secretary-general, will not be able to perform his role under the new constitution. This will hamper Asean's overall activities. For instance, one of his jobs is to interpret the Asean charter to the outside world or upon request. He must also advance Asean interests as its legal personality. How can he do that if the charter is not ratified promptly? Indeed, the charter's ratification could be used to push or pull Surin's performance.

Asean will not be conferred with legal status as an intergovernmental organisation equipped with its own logo, emblem and anthem until the charter is ratified. From now on, Asean's motto will be "one vision, one identity, one community", and August 8 has been designated as Asean Day.

Kavi Chongkittavorn