Draft ASEAN charter calls for human rights body, upholds noninterference policy
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MANILA, Philippines: A landmark charter drafted by the Association of Southeast Asian Nations calls for an agency to review the region's human rights, but upholds a noninterference policy that has shielded notorious violators like Myanmar.
The long-overdue ASEAN charter is aimed at giving the bloc a legal entity and is being prepared for Southeast Asian leaders when they gather for their annual summit in Singapore on Nov. 20 for the 40th anniversary of the 10-nation bloc's founding.
While espousing human rights and democracy, the draft charter upholds ASEAN's bedrock principle barring members from interfering in each other's domestic affairs — an edict that Myanmar has invoked to parry criticism of its dismal human rights record.
The draft charter also discourages invasions and coups, and aims to safeguard the diverse region from nuclear arms, other weapons of mass destruction and foreign interference, according to a final draft seen by The Associated Press on Friday.
"It's a visionary and inspiring document," said Filipino diplomat Rosario Manalo, who headed an ASEAN task force that drafted the charter.
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With a legal personality, ASEAN can sue and be sued, and would turn into a more rules-based organization, Manalo said.
ASEAN was founded during the Cold War years as an anti-communist coalition, eventually evolving into a trade and political bloc. It consists of Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
The most contentious issue in the drafting of its charter has been the inclusion of a provision that calls for the establishment of a human rights body, which was initially opposed by Myanmar.
The military-ruled nation feared such a body could allow scrutiny of rights conditions and could "shame and blame" ASEAN member countries. It wants the body to serve just as a consultative mechanism, Myanmar's ambassador to Manila, Thaung Tun, has said.
Myanmar apparently dropped its opposition after being convinced it could negotiate limits to the human rights body's powers and objective when ASEAN diplomats tackle these issues after the charter's signing.
The draft charter said that under the regional bloc's principle of promoting and protecting human rights and fundamental freedom, "ASEAN shall establish a human rights body."
The rights body would operate in accordance with the "terms of reference" to be set by ASEAN foreign ministers, according to the 31-page draft document.
The draft charter, which has been watered down to make it acceptable to all ASEAN members, dropped earlier recommendations to mention sanctions, including possible expulsion, in cases of serious breaches of the covenant by member countries.
The draft states that any such breaches would be referred to ASEAN heads of state "for decision."
Myanmar, also called Burma, has become a source of embarrassment to ASEAN, largely because the country's government has failed to fulfill promises to restore democracy and free political prisoners, including Nobel Peace Prize laureate Aung San Suu Kyi.
Even fellow ASEAN members condemned the junta's recent bloody crackdown on pro-democracy protesters that included tens of thousands of Buddhist monks.
The charter calls for the continued observance of a 10-year-old treaty banning nuclear weapons in Southeast Asia and prohibits "all other weapons of mass destruction."
It renounces aggression and threats of force. Members would be prohibited from backing any policy or activity that would threaten a country's sovereignty and political and economic stability.
It also calls for adherence to "the principles of democracy and constitutional government," which replaced a proposed provision that outrightly banned coup attempts.
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