(China Daily)
Updated: 2007-11-21 07:11

With the signing of the Association of Southeast Asian Nations (ASEAN) Charter yesterday in Singapore, it formally established itself as a legal entity after 40 years of existence.

ASEAN now has a legal personality like other respectable regional organizations in the world.

The idea of drafting the charter came at the ASEAN summit in December 2005 in Kuala Lumpur when leaders agreed to set up the Eminent Persons Group (EPG). Its main responsibility was to study the grouping and recommend what should go into the charter.

It took the whole of last year to complete a report that contained many progressive ideas. They were supposed to improve ASEAN's decision-making and make it more efficient.

As it turned out, most of the input for the draft came from four major sources - ASEAN leaders, ASEAN documents, agreements since 1967 and ASEAN foreign ministers and other ministries as well as members of the High Level Task Force.

Drafting members were mostly senior foreign affairs officials: five were current ASEAN senior official leaders, two were ASEAN directors-general, two were ambassadors-at-large and one a retired ambassador.

They represented their respective governments and all other ministries. They met 13 times, rotating between ASEAN capitals.

As early as March this year, the substance of the ASEAN Charter was determined during a foreign ministerial retreat in Siem Reap, Cambodia.

ASEAN foreign ministers immediately ruled out the idea of an ASEAN Union as the ultimate goal of building a community.

Another important point included a clear direction that there would be no suspension, expulsion and withdrawal from ASEAN membership in the charter.

Regarding decision-making, ASEAN leaders would have the final say. They would determine if it was necessary to forego consensus on a case-by-case basis.

They agreed the charter might include the establishment of some instrument to address human rights.After a few months' debate, drafters agreed to include in the charter that ASEAN would establish a human rights body. Its terms of reference would be drafted at a later date.

Two important principles - consensus and non-interference - continue to be the ASEAN pillars for decision-making.

The Nation/Asia News Network

(China Daily 11/21/2007 page11)