• 
• 

Published on November 9, 2007

Although it was commendable that the National Legislative Assembly voted in favour of the draft Asean Charter, which was circulated to members just a week ago, there is still a need for more debate on the subject. Many of the NLA members do not know enough about the proposed region-wide constitution, and many have not read it. Indeed, it is possible that a large number of them had not even heard of the Asean effort to come up with its own constitution. The vote was a rush job in the name of Asean solidarity put forward by the Ministry of Foreign Affairs. Everybody knows Thailand's stake in Asean is high, even though this interim government has failed to push forward the country's advocacy of democracy and human rights.

The ministry has always argued that it is limited in its ability to push for such liberal principles. It has also been able to claim a special case, as the nation has been hampered by the coup last September. Indeed, the country's standing in the region and the world has suffered from the power seizure by the military. The NLA vote was essential because it allows Prime Minister Surayud Chulanont to sign the charter on November 20 during the Asean summit in Singapore.

The reason why the charter was put forward for an NLA vote is due to the new Constitution, which stipulates that any foreign negotiations or agreement must be approved by the parliament, as mandated in Article 190. Professor Bovornsak Uwanno was right in saying that the charter, or any future international or regional commitment that the nation becomes a signatory to, must be fully scrutinised and understood. The NLA members need to be instructed on how to read and interpret such documents in the future because long-standing obligations, commitments and treaties will have significant implications for the country. Otherwise, such dealings will be futile for an aspiring democracy like Thailand. Professor Bovornsak knows this better than anyone because he is a lawyer and was a member of the Thaksin administration's inner circle.

Article 190 was designed to pre-empt action taken by Thai leaders to bypass the parliament on important issues affecting the national interest. From 2001-2006, former prime minister Thaksin Shinawatra successfully ignored the parliament - all the while claiming himself to be a democratically elected leader - and entered into a myriad of negotiations with foreign countries.

Foreign countries learned quickly and fell in love with Thaksin because of his quick decision making, especially on mega-projects and sensitive issues. For instance, he committed Thai troops to Iraq at the end of 2003 and supported the United States in the same year in the global war against terrorism - much to the chagrin of the Thai people. He also pushed for the free-trade agreement between Thailand and Australia.

Vernacular media reports also fail to understand that the blueprint for the proposed Asean Economic Community is not part of the draft Asean Charter. Someone in the Ministry of Commerce has been devilish, trying to push the economic blueprint to also get NLA approval, as they do not want responsibility for future talks on measures to promote regional free-trade.

They have learned the lessons from other free-trade negotiations, such as those with the United States and Japan; they know now that there are too many hurdles and sticking points to overcome. Such an ulterior motive shows how government officials attempt to push through their agendas without properly educating, or consulting, lawmakers and the public at large.

It is hoped that Thailand will be the first member to set an example by ratifying the Asean Charter. This should be the first task of the new government, which is expected to take power in early January. Former foreign minister Surin Pitsuwan, who will become Asean's new secretary-general on January 1, "needs" the Charter, as it will give him a new mandate to speak on behalf of all Asean members. Failure to ratify the Charter quickly will hamper his performance and capacity to act; he could be left in a twilight zone if the Charter is not ratified by all 10 Asean members.

Asean is fortunate to have Surin as its chief navigator from 2008 on because there will be rough seas ahead. Asean, as an organisation, needs to adjust and re-engage with the world community, with a shared responsibility and destiny.

The Nation