ASEAN Peoples` Forum

Chulalongkorn University, Bangkok

- EVENT SUMMARY -

FCCT Panel Discussion:

AN ASEAN CHARTER FOR ASEAN PEOPLES - GENUINE COMMITMENT OR
P.R. GIMMICK?
When: 8pm, Thursday, December 11, 2008.
Where: The Foreign Correspondents Club of Thailand (FCCT)
Who: Panel was Co-organized by the ASEAN Peoples Forum
Speakers included:

Dr Thitinan Pongsudhirak, Director of Chulalongkorn University's Institute of Security and
International Studies (ISIS), Bangkok

Sunai Phasuk, Human Rights Watch

Supaporn Chonnapataweep, ASEAN Youth Network

Soe Aung, Burma Partnership

Summary
After the postponement of the ASEAN Summit, questions remain about the relevance of the ASEAN Charter in
light of the current political, economic and security challenges facing the region. Would experience of the past 12
months since the adoption of the ASEAN Charter suggest the future direction of “an ASEAN Charter for ASEAN
Peoples?”

Dr. Thitinan Pongsudhirak highlighted 3 major obstructions to the successful implementation of the ASEAN
Charter; Conceptual, Structural, and Economic. Dr. Thitinan noted that recent political dramas in the ASEAN
region have distracted ASEAN from its core goals. He explained that there is a dire need to harmonize regime
types across ASEAN, before codifying agreements. Dr. Thitinan concluded with concern that recent events
political events in Thailand will give some ASEAN members an excuse to move away from democratization
efforts.

Supaporn Chonnapataweep noted that the ASEAN senior ministerial meeting on youth still does not engage
marginalized youth. Youth and children are often put as second to adults. As the representative to youth, she
thinks this is not quite correct because youth have rights and should not have to wait for them. We can act
now. We can vote. We can work. The adults should listen to us.

“Someone told me if you want to go fast you go alone, if you want to be sustainable we can go together.
ASEAN should provide opportunities for young people to work together.” Ms. Supaporn noted.

ASEAN Youth Network recommendations:

1. ASEAN should have concrete mechanism to ensure participation of youth, especially in poor and
remote communities.
2. Should the current situation – financial crisis – worsen the food situation in the region – we
should be very concerned
3. Concrete measure should be taken to cope prices increases– such as social protection policy.
4. Guarantee employment and living wage
5. Capacity-building for youth to work together.

Soe Aung noted that adoption of ASEAN Charter hinged on SPDC improving behavior in 2007, but in 2008
ASEAN turned condemnation to support after SPDC announced a constitutional referendum. ASEAN has
also praised the Burmese regime for cooperation on cyclone Nargis, defended the SPDC and even suggested
that SPDC will be able to accomplish the roadmap to democracy without Aung San Suu Kyi.

Soe Aung asked when we talk about ASEAN and Burma - how can the people of Burma help strengthen the
ASEAN Charter and how can the Charter improve the situation of the people in Burma? If ASEAN lets the
Burmese junta carry on, ASEAN is murdering its own charter. ASEAN must be serious in safeguarding the
Charter’s credibility through its defense of human rights and democratic principles. ASEAN should prove it
has the guts, the political will, to stand up for its own Charter and its own self respect. Soe Aung declared it is
time for ASEAN to wake up and realize that they cannot use the ASEAN Charter as a piece of paper to block
their eyes from what is going on in Burma. He ended with a warning - If ASEAN is not prepared to
strengthen compliance requirements for the Charter, the Burmese junta will continue to cause more instability
that will affect its neighbors.

Sunai Phasuk declared that the silence of ASEAN is a chilling testimony to the failure of this regional
grouping to make itself relevant to its own people. He pointed out that ASEAN Human Rights Body is for
decorative purpose – since it is without teeth. This flaw is intentional as there is no intention for a Human
Rights Body to have role in implementation and protection of Human Rights in ASEAN.

Sunai Phasuk explained that the transformation of ASEAN can only take place with support of key member
states of ASEAN on issues they care about. Sadly, what ASEAN cares about is stability of governments and
not stability of the people. ASEAN was worried that the saffron revolution would become a nationwide
uprising would bring down the establishment in Burma. But once the Burmese regime used their ironfisted
tactics, ASEAN members saw that as stability, return to status quo. How did ASEAN members responded to
the Thailand crisis? They were worried about airport seizure etc. but relieved when stability returned
regardless of how it came about.

Sunai Phasuk finally noted that there is a way forward. ASEAN people must hold our governments
accountable, where and when we can. ASEAN people must insist that the Terms of Reference of the HR body
reflect our concerns and our needs. There is urgent need for a strong, determined and sustained push from
civil society through such processes as the ASEAN Peoples’ Forum. This is essential to ensuring that the
peoples of ASEAN get a meaningful ASEAN Human Rights Body, not sheer decoration.

Expanded Event Briefing

Dr Thitinan Pongsudhirak:
Following a brief overview presentation of the ASEAN Charter, made the following observations:

Major impediments exist which hamper the implementation of the ASEAN Charter, and hold ASEAN back
from becoming a significant regional player.
I. Conceptual: ASEAN’s internal policy perspective is one of “self help” and non interference
in regard to domestic affairs. ASEAN Nations cooperate with each other when dealing with
“outside” issues, but mind their own business when it comes to “inside” issues.
 The ASEAN Charter challenges the cardinal rule of sovereignty and non-inference, by
creating new regional bodies such as the Human Rights Body. The development of regional
bodies, that hold member states accountable, will test ASEAN members, specifically the
SPDC and the other CLMV countries.
II. Structural: ASEAN is the only international grouping that encompasses the spectrum of political
systems, in terms of regime types. This is a barrier to closer cooperation, let alone integration.
Lack of common standard of governance, shared idea of governance, or even basic criteria of
governance, prevents significant ASEAN cooperation or progress.
 III. Economic: Long-standing and growing disparities between richer and poorer ASEAN members
hinder significant ASEAN cooperation or progress. With some 350 ASEAN meetings a year –
some governments cannot afford to attend all.

Political changes in Malaysia and Thailand. Malaysia is preoccupied and Thailand is obsessed with its own
political crisis. Internal political turmoil among ASEAN members diverts resources and attention away from
ASEAN. E.g. Thailand unable to host to ASEAN Summit and East Asia Summit. Cambodia and Singapore
are pushing to change the venue, in pursuit of own agenda. Meanwhile, Indonesia was offering to host out of
genuine concern. This all leads to tension among ASEAN members.

Need to harmonize regime types across ASEAN. This need to be done before codifying agreements. At this
rate there will not be much coherence in the ASEAN community by 2015. Drawing on past track record,
regional integration would probably be around the 30% mark when 2015 rolls around.

Concluded with concern that recent events political events in Thailand will give some ASEAN members an
excuse to put off democratization.

Supaporn Chonnapataweep

Discussed recent activities of the ASEAN Youth Network, namely the Youth Camp held in Chiangmai. She
noted that activities serve as a platform for young people in ASEAN to share concerns and experiences about
food, and fuel crisis, peace, and the ASEAN Charter.

She noted that while ASEAN has good initiatives regarding the charter for ASEAN people “…but we think in
a practical way, is it for real?”

She inquired how to promote the participation of people from society’s many sectors, such a marginalized
people, ethnic minorities, rural people, youths, and others who cannot speak English. How to listen to the
people. How to create meaningful participation.

The ASEAN senior ministerial meeting on youth still does not engage marginalized youth. Youth and
children are often put as second to adults. As the representative to youth, she thinks this is not quite correct
because youth have rights and should not have to wait for them. We can act now. We can vote. We can work.
The adults should listen to us.

“Someone told me if you want to go fast you go alone, if you want to be sustainable we can go together.
ASEAN should provide opportunities for young people to work together.”

ASEAN Youth Network recommendations:
1. ASEAN should have concrete mechanism to ensure participation of youth, especially in poor and
remote communities.
2. Should the current situation – financial crisis – worsen the food situation in the region – we
should be very concerned
3. Concrete measure should be taken to cope prices increases– such as social protection policy.
4. Guarantee employment and living wage
5. Capacity-building for youth to work together.

Soe Aung

After hearing Dr. Thitinan’s prognosis of ASEAN, he feels more hopeless.

Brave monks led demonstrations in Burma. Even the monks the highest moral authority in Burma were
killed. There are at least 220monks still in detention.

In the last 12 months, we saw the monks’ demonstrations and the ASEAN condemnation of the junta.

Adoption of ASEAN Charter hinged on SPDC improving behavior in 2007. But in 2008 ASEAN turned
condemnation to support after SPDC announced a constitutional referendum.

ASEAN also praised the Burmese regime for cooperation on cyclone Nargis. They defended SPDC and
even suggested that SPDC will be able to accomplish the roadmap to democracy without Aung San Suu
 Kyi. Aung San Suu Kyi is leader of the National League for Democracy, which won more than 80% of
parliamentary seats in the last election, which the regime organized and then denied. ASEAN suggested
democratization would be much faster without her.

ASEAN remained silent after SPDC sentenced over 200 activists (bloggers, monks, hip hop artists, young
people, etc.) to 68 years in jail last month.

ASEAN member states failed to support UN resolution condemning Burma. Some ASEAN members
voted against the resolution while others abstained. But one of them was conveniently absent during the
voting.
* U.N. General Assembly 63rd session, Third Committee, Agenda item 64 (c) : Promotion and
protection of human rights: human rights, October 30 2008
o Voted against :Malaysia, Brunei, Laos, Vietnam, Myanmar
o Abstained: Thailand, Philippines, Indonesia, Singapore.
o Cambodia was absent

Situation update in Burma:
o The regime’s response to cyclone Nargis turned a natural disaster into a man-made tragedy. In the
days and months following the cyclone, the SPDC blocked humanitarian assistance from reaching
the areas where it was most needed. In the aftermath of the cyclone, the SPDC detained 17
activists for delivering aid to affected communities in the Irrawaddy delta.
o About five million people in Burma, or around 10% of the population, were malnourished despite
a rice production surplus in 2008.
o Between 100,000 to 150,000 children under five died in the year, mostly from preventable
diseases. Burma has the second worst child mortality rate in Asia, after Afghanistan.
o The SPDC adopted a new constitution aimed at institutionalizing military rule in Burma through a
sham referendum that featured widespread irregularities, electoral fraud, harassment, and criminal
intimidation. The regime detained 127 activists and ordinary citizens for questioning the
constitution, while in a miraculous coincidence, exactly 92.4% “Yes” votes were lodged twice in
the two separate rounds of polling.
o The SPDC continued to use its draconian “security laws” and sham legal proceedings to charge,
prosecute, and imprison its opponents.
o The regime arrested 423 dissidents and sentenced at least 294 dissidents to prison terms over the
past year. The SPDC also extended the house arrest of Daw Aung San Suu Kyi and her deputy
Tin Oo by another year. There are now close to 2,200 political prisoners in Burma, up from 1,150
in July 2007.
o The SPDC Army continued its pervasive use of forced labor and its harassment, intimidation, and
imprisonment of people who complained to the ILO.
o The SPDC Army stepped up its military offensive against civilians and armed opposition groups
in Eastern Burma. The attacks resulted in the forced relocation or destruction of 142 villages and
the displacement of 66,000 people.
o The regime continued to purchase arms and other military supplies from China, Russia, and India.
At the same time it signed new deals selling off Burma’s oil, gas, and hydro-electric resources
while the majority of the people has no electricity.
o Tens of thousands more people, including army deserters, fled Burma.
o Illicit drug production and opium poppy cultivation in Burma increased. Burma remains the
largest producer of amphetamine type stimulants in Southeast Asia and the world’s second largest
producer of opium.

So when we talk about ASEAN and Burma - how can the people of Burma help strengthen the ASEAN
Charter and how can the Charter improve the situation of the people in Burma?

When the Burmese junta rushed to ratify the charter but act against the Charter, ASEAN's silence
encourages the junta to do worse, since they think they can get away with this in the country.

If ASEAN lets this carry on, ASEAN is murdering its own charter.

ASEAN must be serious in safeguarding the Charter’s credibility through its defense of human rights and
democratic principles.

ASEAN should prove it has the guts, the political will, to stand up for its own Charter and its own self
respect.

ASEAN wanted the Charter so it can be recognized in the UN, but so far, it has become even more
cowardly in the UN over Burma.

It is time for ASEAN to wake up and realize that they cannot use the ASEAN Charter as a piece of paper
to block their eyes from what is going on in Burma.

ASEAN should prove it has the guts, the political will to stand up for its charter. ASEAN has gone
backward.

Ended with a warning - If ASEAN is not prepared to strengthen compliance requirements for the Charter,
the Burmese junta will continue to cause more instability that will affect its neighbors.

Sunai Phasuk:

Silence of ASEAN concerning the surge in repression in Burma is a spine chilling testimony to the failure of
this regional grouping to make itself relevant to its own people.

ASEAN Human Rights Body is ASEAN’s attempt to be on par with other regional blocs, since it is the only
one without a Human Rights Body.

The ASEAN Human Rights Body is for decorative purpose – without teeth. This flaw is intentional. As there
is no intention – there has been no intention from beginning – for a Human Rights Body to have role in
implementation and protection of Human Rights in ASEAN.

The ASEAN Human Rights Body received a nod for a promotion role but when it comes to protection, there
is strong objection from members states. Singapore made it clear that The ASEAN Human Rights Body that
had strong protection was against tradition of ASEAN.

ASEAN doesn’t want mechanism to go very far at all. It sounds very grim but this is the true face of SEA.

The transformation of ASEAN can only take place with support of key member states of ASEAN on issues
they care about. Sadly, what ASEAN cares about is stability of governments and not stability of the people.

ASEAN did say something about saffron revolution in Burma, but those voices came from individual
countries and those concerns were quickly forgotten.

ASEAN was worried that the saffron revolution would become a nationwide uprising would bring down the
establishment. But once regime used their ironfisted tactics, ASEAN members saw that as stability, return to
status quo. Now they don’t mention Burma anymore.

Their voting behavior in the U.N. is an indication of this.

How did ASEAN members responded to the Thailand crisis? They were worried about airport seizure etc. but
relieved that there is government, regardless of how it came about. They don’t care about the principles and
context as long stability is preserved.

There is a way forward. We must hold our governments accountable, where and when we can.

ASEAN people must insist that the Terms of Reference of the HR body reflect our concerns and our needs.

There is urgent need for a strong, determined and sustained push from civil society through such processes as
the ASEAN Peoples’ Forum and other track 3 efforts. In fact we should “jump tracks” and ensure work with
like-minded partners at the track two level. This is essential to ensuring that the peoples of ASEAN get a
meaningful ASEAN Human Rights Body, not sheer decoration.

The panel discussion was followed by a lively Q & A session with the large audience that attended.

Media coverage:
ASEAN CHARTER: Silence raises questions of relevance, Achara Ashayagacht, Bangkok Post, December 13
2008.
Available online at: http://www.bangkokpost.com/131208_News/13Dec2008_news26.php
Pictures:

For more information, please contact +66 (0) 81 771 6075 or info@apf2008.org

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