Understanding ASEAN:

its Systems & Structures

Yuyun Wahyuningrum
Oxfam International, Policy Advisor - ASEAN
December 2009
 Outline
History of ASEAN
Fundamental Principles and Values
ASEAN Charter
ASEAN Community and Regionalism
Three Blue Prints
ASEAN Structures
Engaging ASEAN
Regional Inter-governmental
Organization

10 members
4.5million sq kms
570million people (growth1.5%)
 Overview
8 August 1967 in Bangkok, Thailand, with the signing of
the ASEAN Declaration (Bangkok Declaration)
Founding Fathers of ASEAN: 5 Foreign Ministers -
Adam Malik (Indonesia), Narciso R. Ramos
( Philippines), Tun Abdul Razak (Malaysia), S.
Rajaratnam (Singapore) and Thanat Khoman
(Thailand)
 The Context: 1960s
Conflict:
Indonesia-Malaysia (Konfrontasi 1962-66),
Philippines-Malaysia (over Sabah)
Singapore secession from Malaysia
Mindanao, Southern Thailand
Thailand was brokering reconciliation among Indonesia, the
Philippines and Malaysia
Poor
Communism
Cold War, arms race, proxy wars
Indochina War: Vietnam, Laos Cambodia
Burma: 1962
Club of dictators: Marcos, Suharto, Thanom, Lee Kwan Yew,
Abdul Rahman
 Bangkok Declaration
cooperation in the economic, social, cultural, technical,
educational and other fields,

promotion of regional peace and stability through

abiding respect for justice and the rule of law and adhere
nce to the principles of the UN Charter.

Representing the collective will of the nations of

Southeast Asia to bind themselves together in friendship
and cooperation and, through joint efforts and sacrifices,
secure for their peoples and for posterity the blessings of
peace, freedom and prosperity
 Fundamental Principles
Feb. 1967 - Treaty of Amity and Cooperation (TAC) :
Mutual respect for the independence, sovereignty,
equality, territorial integrity, and national identity of all
nations
The rights of every state to lead its national
existence free from external interference,
subversion, and coercion
Non-interference in the internal affairs of one another
Settlement of differences or disputes by peaceful
manner
Renunciation of the threat or use of force; and
Effective cooperation among themselves.
 ASEAN Today: 2000s
Diversity
Political
systems: Democracies, Dictatorships,
Monarchy
Economic development
HDI (2004): Rank 25 to 133

GDP (2006): $208 to $29,499

Economic systems

Power dynamics:
Traditional most influential member Indonesia
The shift of power from older 5 to newer 4 (CLMV)?

Shift from state-centric to people-oriented?

 ASEAN in the last 4 decades
A state-led project driven by the regions elites (top-bottom)
exclusive club for Southeast Asian foreign ministers
A tool to advance the political-security interests of its member
states, but later expanded to economic and socio-cultural co-
operation
Developed norms and values: ASEAN Way - diplomatic norms
that encourages the member countries of ASEAN to seek an
informal and incremental approach to co-operation through
lengthy consultation and dialogue (consensus, least common
denominator, non-interference, etc.)
National interests and sovereignty still prevails despite the
deepening of regionalization process
Limited participation of civil society in its decision-making
processes
 ASEAN Charter
Ratified by 10 ASEAN member states
Came into force: 15 Dec 2008, Jakarta
Gives legal personality to ASEAN
Clarifies common objectives and principles
Defines structure, Mechanisms,
Operations
 Whats new in the Charter for
ASEAN?
The Charter
Regional Vision
Blueprints of Cooperation
Human Rights Commission
 Charter: ASEAN Objectives
Enhance peace, security Alleviate poverty, narrow
stability development gap
Political, security, Strengthen democracy,
economic, socio-cultural protect and promote
cooperation human rights
Preserve as nuclear Respond to common
weapons free zone threats
Peace with the world, Promote sustainable
harmonious environment development
Single market and Develop human
production base resources

 Charter: ASEAN principles
Respect for independence, Respect for fundamental
sovereignty, territorial integrity freedoms, protect and promote
Shared commitment: peace, human rights, promote social
security stability justice
Renounce use of force Respect UN Charter,
Peaceful settlement of international law, IHL
disputes Abstain from participation in
activities which threaten
Non-interference in internal members
affairs
Freedom from external
Respect cultures, religions,
languages
interference, subversion,
coercion Centrality of ASEAN in
economic, political, social,
cultural relations
Adherence to rules towards
integration, and market driven
economy
 Charter: Critics
Market-oriented language Codifies past agreements
Does not acknowledge All about governments and
the centrality of not interaction with the
redistribution and people
economic solidarity to the Unclear spaces of how civil
goals of poverty society can participate
eradication, social justice
and lasting peace
Lack of disciplinary and
dispute resolution
Non-participatory drafting mechanisms
process
 Charter: Positive values
Legal personality: more For CSO Strategic Values:
accountable, stronger (?) A space to stake claims
Human Rights, and accountability
democracy as principles An anchor to discuss
Human Rights body ASEAN
(Article 14) Possibility to transform
Recognition of civil ASEAN to work for the
society participation mutual benefit of the
governments and the
peoples
 New Charter: New ASEAN?
Legal, (rules based) therefore accountable
Greater Recognition
within ASEAN (leverage against
governments)
Regional partners (international leverage)
Mechanisms to address regional issues:
Human rights, migrant workers, women
and children
Recognition of Civil Society - the right to
participate
 ASEAN: Stages of Development
First 10 years (1967-1976): establishment,
solidarity, dialogue partners
The next 20 years: (1977-1997): expansion -
Brunei (1984); Vietnam (1995); Lao PDR and
Myanmar (1997); and Cambodia (1999)
The next 10 years: (1998-2007): vision,
formalization
The next 7 years: (2008-2015): Community
building
 ASEAN regionalism
1976 Bali Concord I formally adopted political co-operation as
part of ASEAN regular activities
1992 ASEAN Free Trade Agreement
1997/98 economic crisis acceleration of economic integration
initiatives ASEAN Vision 2020
2003 - Bali Concord II the launch of ASEAN Community by 2020
2005 the launch of ASEAN Charter process
2006/07 the acceleration of ASEAN Community to 2015
2007 ASEAN Charter drafting and the ASEAN Economic
Community Blueprint
2008 ASEAN Charter ratification
2009 ASEAN Political Community and Socio-Cultural Community
Blueprints
 ASEAN Community
ASEAN Political-Security Community peaceful processes in the
settlement of intra-regional differences and it has the following
components: political development, shaping and sharing of norms,
conflict prevention, conflict resolution, post-conflict peace building,
and implementing mechanisms

ASEAN Economic Community - creating a stable, prosperous and

highly competitive ASEAN economic region in which there is a free
flow of goods, services, investment and a freer flow of capital,
equitable economic development and reduced poverty and socio-
economic disparities in year 2020;

ASEAN Socio-Cultural Community - envisages a community of

caring societies and founded on a common regional identity, with
cooperation focused on social development aimed at raising the
standard of living of disadvantaged groups and the rural population,
and shall seek the active involvement of all sectors of society, in
particular women, youth, and local communities
 SOCIO-
POLITICAL ECONOMIC CULTURAL
SECURITY Blueprint Blueprint
Single Market and Human
Blueprint production base
Rules based, shared Development
norms and values Competitive Social Welfare and
Cohesive, peaceful, economic region Protection
stable, resilient with Equitable Economic
shared responsibility
Social justice and
Dynamic and Outward development rights
looking Integration into Environmental
global economy Sustainability
ASEAN Identity
ASEAN Charter - One Vision, One Identity, One
Caring and Sharing Community
 Three Blueprints
Three integral pillars of Critics:
the ASEAN Vision 2015: No participation, even
AEC, ASC, ASCC (work in secretive process
tandem) All about governments
Clear targets and (does not address
timelines for corruption and
implementation repression)
Pre-agreed flexibilities to Whose community is
accommodate the ASEAN?
interests of all ASEAN
Member
Binding
General Content
Policy/Goals; technical,
Action plan, Review
mechanism
 ASEAN Economic Blueprints
a single market and production base,
a highly competitive economic region,
a region of equitable economic development,
and
a region fully integrated into the global
economy
Priority Integration Sectors: agro-based products;
air travel; automotives; e-ASEAN; electronics;
fisheries; healthcare; rubber-based products;
textiles and apparels; tourism; wood-based
products; and logistics (additional sector as may
be identified by the Ministers after the
agreement)
 Economic Blueprint: critics
Liberalization
Only protects end-users (consumers)
What about sustainability? Environment
and livelihood
Disregards existing bilateral economic
agreements
No detail on how the region acts as a
whole
 Socio-Cultural Blueprints
promotion of human development and security
narrowing the development gap
ensuring environmental sustainability
building an ASEAN identity
Wide coverage of issues: Poverty, Health,
Disaster Management, Education, Food security,
Social impact of integration, Environmental
sustainability, Migrant labor, Women and
childrens rights, Science and Technology
 Socio-cultural: Critics
Social justice vs. social protection; systemic vs.
symptomatic
Systemic solutions to address social injustice:
problems of access, conflicting interests with
commercial/industrial interests
Participation should not be limited to this sphere.
Diversity and identity of peoples within member
countries
 Political Security Blueprints
Framework is based on political and security
cooperation where countries live at peace with
one another, and the ASEAN, with the world at
large.
Principles are non-interference, consensus,
national and regional resilience, and respect for
sovereignty.
Elements of the Blueprint: political development,
shaping and sharing of norms on counter
terrorism and nuclear free zones, inter-state
conflict prevention and post-conflict peace-
building; combating terrorism
 Political Security: Critics
State-centric in perspective (national security)
Existing internal conflicts should be addressed: over
resources, over self-determination/identity
Governments (policies) are sources of conflict
Does not provide for political participation and representation
of civil society
No reference to international human rights
standards>adherence to international standards and principles
No dispute mechanism on internal conflicts, intra-state
conflicts, separatism.
No recognition of internally displaced people (IDPs)
Cultural diversity is not addressed >recognition of diversities
in ethnicity and religion, and of marginalization
Strengthen and monitor existing regional instruments on
migrants, women, children, and CSO and public participation in
processes
Promote regional civilian peacekeeping forces
 ASEAN Economic ASEAN Security ASEAN Socio-Cultural
Community Council Community Council Community Council
Soc Welfare (AMMSWD)
Econ Min (AEM) AMM + AICHR + ACWC
DM (AMMDM)
AFTA Council ARF
Environment (AMME)
Investment (AIA) Defence (ADMM)
Labor (ALMM) + ACMW
Finance (AFMM) Law (ALAWMM)
Rural Dev (AMDPE)

Food, Agr, (AMAF) Trans Crime (AMMTC) Education

ASEAN Coordinating Council

 ASEANs Structure
ASEAN Summit Committee Permanent
ASEAN Coordinating Representatives (CPR)
Council ASEAN
ASEAN Community Intergovernmental
Councils Commission on Human
Rights
ASEAN Sectoral
Ministerial Bodies ACWC
Secretary General ACMW
ASEAN Secretariat
ASEAN National
Secretariat
 ASEAN Summit (Art 7)
Comprise the heads of States
Supreme policy-making body of ASEAN
Deliberate, provide policy guidance and take decisions on
key issues pertaining to the realization of the objectives of
ASEAN
Instruct the relevant ministers in each of the councils
concerned to hold ad hoc inter-ministerial meetings,
address important issues concerning ASEAN that cut
across the Community Councils
Address emergency situations affecting ASEAN
Appoint SG ASEAN
 ASEAN Coordinating Council (Art 8)
Comprise the ASEAN Foreign Ministers, meet twice a year
Prepare the meetings of the ASEAN Summit
Coordinate the implementation of agreements and
decisions of the SAEAN Summit
Coordinate with the ASEAN Community Councils to
enhance policy coherence, efficiency and cooperation
among them
Coordinate the reports of the ASEAN Community Councils
and the ASEAN Summit
Consider the annual report of the Secretary-General on the
work of ASEAN
 ASEAN Coordinating Council (Art 8)

Consider the report of the Secretary-

General on the functions and operations
of the ASEAN Secretariat and other
relevant bodies
Approve the appointment and termination
of the Deputy Secretaries-General upon
the recommendation of the Secretary
General
 ASEAN Community Councils (Art 9)
Comprise the ASEAN Political-Security
Community Council, ASEAN Economic
Community Council, ASEAN Socio-Cultural
Community Council
Each ASEAN Community Council shall have
under its purview the relevant ASEAN Sectoral
Ministerial Bodies
Each Member State shall designate its national
representation for each ASEAN Community
Council meeting
 ASEAN Community Councils (Art 9)
Ensure the implementation of the relevant
decisions of the ASEAN Summit, coordinate the
work of the different sectors on issues which cut
across the other Community Council, submit
reports and recommendations to the ASEAN
Summit
ASEAN Community Council meet at least twice a
year and chaired by the appropriate Minister from
the Member State holding the ASEAN
Chairmanship
 ASEAN Sectoral Ministerial Bodies (Art
10)
Shall function in accordance with their respective
established mandates
Implement the agreements and decisions of the ASEAN
summit under their respective purview
Strengthen cooperation in their respective fields in supports
of ASEAN integration and community building
Submit reports and recommendations to their respective
Community Councils
Such as Senior Official Meeting (SOM), Senior Official
Meeting on Social Welfare and Development (SOMSWD),
ASEAN Committee on Women
 Secretary General of ASEAN
Appointed by the ASEAN Summit for a non-reneweable
term of office of the 5 years
Carry out the duties and responsibilities of the office in
accordance with the ASEAN charter
Facilitate and monitor progress in the implementation of
ASEAN agreements and decisions, and submit an annual
report
Participate in meetings of the ASEAN Summit, the
ASEAN Community Councils, the ASEAN Coordinating
Council and ASEAN Sectoral Ministerial Bodies and other
relevant meetings
 Secretary General of ASEAN
Present the views of ASEAN and
participate in meetings with external
parties
Recommend the appointment and
termination of the Deputy Secretaries-
General to the ASEAN Coordinating
Council for approval
SG shall also b the Chief Administrative
Officer of ASEAN
 ASEAN Secretariat
Uphold the highest standards of integrity,
efficiency, and competence in the duties
performance
Not seek or receive instructions from any
government or external party outside of
ASEAN
Refrain from any action which might
reflect on their position as ASEAN
secretariat officials
ASEC Structure
 Committee of Permanent
Representatives (CPR) (Art 12)
Each ASEAN Member State shall appoint a Permanent
Representative to ASEAN with the rank of Ambassador
based in Jakarta
Support the work of the ASEAN Community Councils and
ASEAN Sectoral Ministerial Bodies
Coordinate with ASEAN National Secretariat and ASEAN
Sectoral Ministerial Bodies
Liaise with SG of ASEAN and the ASEAN Secretariat on all
subjects relevant to the work
Facilitate ASEAN Cooperation with external partners
Perform such other function
 ASEAN National Secretariat
Serve as the national focal point
Be the repository of information on all ASEAN matters
at the national level
Coordinate the implementation of ASEAN decisions at
the national level
Coordinate and support the national preparations of
ASEAN meetings
Promote ASEAN identity and awareness at the
national level
Contribute to ASEAN community building
 ASEAN Inter-governmental
Commission on Human Rights
(AICHR)
To develop a long-term strategy for the promotion and protection of
human rights and fundamental freedoms to complement the building
of the ASEAN Community;
To promote public awareness of human rights among the peoples of
ASEAN through education, research and dissemination of information;
To facilitate capacity building for the effective implementation of
international human rights treaty obligations undertaken by ASEAN
Member States;
To encourage ASEAN Member States to consider acceding to and
ratifying international human rights instruments;
To develop an ASEAN Declaration on Human Rights and other
ASEAN human rights instruments;
 ASEAN Inter-governmental
Commission on Human Rights
(AICHR)
To promote the full implementation of ASEAN instruments related to
human rights;
To engage in dialogue and consultation with other ASEAN bodies
and entities associated with ASEAN, including civil society
organizations and other stakeholders
To consult, as may be appropriate, with other relevant institutions
and entities concerned with promotion and protection of human
rights;
To obtain information from Member States on the promotion and
protection of human rights;
To prepare studies on thematic issues of human rights in ASEAN;
To submit an annual report on its activities, or other reports if
deemed necessary, to the ASEAN Foreign Ministers Meeting;
 ASEAN Foundation
Shall support SG ASEAN and collaborate
with the relevant ASEAN bodies to support
ASEAN Community building by promoting
greater awareness of the ASEAN identity,
people-to-people oriented and close
collaboration among business sector, civil
society, academia and other stakeholders
Be accountable to the SG ASEAN
 ACWC
To promote the implementation of international instruments,
ASEAN instruments and other instruments related to the rights of
women and children.
To develop policies, programs and innovative strategies to
promote and protect the rights of women and children to
complement the building of the ASEAN Community.
To promote public awareness and education of the rights of
women and children in ASEAN.
To advocate on behalf of women and children, especially the
most vulnerable and marginalized, and encourage ASEAN
Member States to improve their situation.
To build capacities of relevant stakeholders at all levels, e.g.
administrative, legislative, judicial, civil society, community
leaders, women and children machineries, through the provision
of technical assistance, training and workshops, towards the
realization of the rights of women and children.
 ACWC
To assist, upon request by ASEAN Member States, in preparing for
CEDAW and CRC Periodic Reports, the Human Rights Councils
Universal Periodic Review (UPR) and reports for other Treaty
Bodies, with specific reference to the rights of women and children
in ASEAN.
To assist, upon request by ASEAN Member States, in
implementing the Concluding Observations of CEDAW and
CRC and other Treaty Bodies related to the rights of women and
children.
To encourage ASEAN Member States on the collection and
analysis of disaggregated data by sex, age, etc., related to the
promotion and protection of the rights of women and children.
To promote studies and research related to the situation and well-
being of women and children with the view to fostering effective
implementation of the rights of women and children in the region.
To encourage ASEAN Member States to undertake periodic
reviews of national legislations, regulations, policies, and
practices related to the rights of women and children.
 ACWC
To facilitate sharing of experiences and good practices, including
thematic issues, between and among ASEAN Member States
related to the situation and well-being of women and children and to
enhance the effective implementation of CEDAW and CRC through,
among others, exchange of visits, seminars and conferences.
To propose and promote appropriate measures, mechanisms and
strategies for the prevention and elimination of all forms of
violation of the rights of women and children, including the
protection of victims.
To encourage ASEAN Member States to consider acceding to, and
ratifying, international human rights instruments related to women
and children.
To support the participation of ASEAN women and children in
dialogue and consultation processes in ASEAN related to the
promotion and protection of their rights.
To provide advisory services on matters pertaining to the
promotion and protection of the rights of women and children to
ASEAN sectoral bodies upon request
 ACMW
To ensure effective implementation of the
commitments made under the
Declaration
Facilitate/work towards the development
of an ASEAN instrument on MWs
Composition: 10 member states
ACMW Drafting Committee for Framework
Instrument - 2 sending countries (Indonesia
and the Philippines) and 2 receiving countries
(Malaysia and Thailand)
 Actors in ASEAN
Track 1
State, ASEAN National Secretariats
Track 1.5
ASEAN Inter-Parliamentary Assembly (AIPA)
ASEAN Inter-Parliamentary Myanmar Caucus (AIPMC)
ASEAN Inter-Parliamentary Caucus on Good Governance
(AIPCGG)
Track 2
Academic/ Think Tank (ASEAN ISIS Network)
National Human Rights Institutions (NHRIs) (?)
Track 1.5-2.5
Working Group for an ASEAN Human Rights Mechanism
Track 3
Civil Society Organisations (Accredited or unaccredited)
SAPA Working Group on ASEAN, SAPA Task Force on ASEAN
and Human Rights
 Track 1.5: Parliamentarian
ASEAN Inter-Parliamentarian Assembly
(AIPA)
ASEAN Inter-Parliamentary Myanmar
Caucus (AIPMC)
ASEAN Inter-Parliamentary
Caucus on Good Governance (AIPCGG)
ASEAN Inter-Parliamentary Caucus on
Freedom on Expression
 Track 1.5-2.5: WG for an ASEAN
Human Rights Mechanism

Indonesia WG: Mr. Marzuki Darusman

Malaysia WG: Dato Param
Cumaraswamy
Philippines WG: Senator Wigberto
Tanada
Thailand WG: Professor Sriprapha
Phetchamesree
Singapore Interim Committee: Ms.
Braema Mathi
 Track 2: ASEAN ISIS
ASEAN Institute on Strategic and International
Studies
Brunei Darussalam Institute of Policy and Strategic
Studies (BDIPSS)
Cambodian Institute for Co-operation and Peace (CICP)
Indonesian Centre for Strategic and International Studies
(CSIS)
Laos Institute for Foreign Affairs (IFA)
Malaysian Institute for Strategic and International
Studies
Philippines Institute for Strategic and Development
Studies (ISDS)
Singapore Institute of International Affairs (SIIA)
Thailands Institute for Security and International Studies
(ISIS)
Vietnams Institute for International Relations (IIR)
 Track 2: National Human Rights
Institutions

ASEAN Four National Human Rights

Institutions
Commission of Human Rights Philippines
(CHRP)
KOMNAS HAM (Indonesia)
SUHAKAM (Malaysia)
National Human Rights Commission of
Thailand (NHRCT)
 Track 3: Civil Society
Organizations
SAPA (Solidarity for Asian Peoples
Advocacy) Working Group on ASEAN
Task Force on ASEAN and Human Rights
Task Force on ASEAN and Migrant Workers
Womens Caucus
60 plus NGOs accredited by ASEAN
ASEAN Peoples Center, Jakarta
Trade Unions
 Engaging ASEAN
1. Through ASEAN Secretariats led events
ASEAN Community Forum
ASEAN Social Forum
2. Through ASEAN Governments led events
Interface Meeting with ASEAN leaders during Summit
3. Through ASEAN Sectoral ministers led events
4. Through ASEAN WG/Initiative led events
5. Through ASEAN Community councils
6. Through countries Department of ASEAN/ National
secretariat of ASEAN
7. Through Committee Permanent Representatives
 Engaging ASEAN
8. Through ASEAN civil society forums:
ASEAN Peoples Assembly
ASEAN Civil Society Conference
(ACSC)/ASEAN Peoples Forum
9. Affiliation: ASEAN accredited NGOs
10. Through AICHR, ACWC, ACMW
11. Engaging ASEAN foundation
12. Submitting reports/inputs/ position papers
13. Through Media discussion, i.e. op-ed
 Engaging ASEAN
14. Through human rights specific forums:
ASEAN ISIS Colloquium on Human Rights
Workshop on the ASEAN Regional
Mechanism on Human Rights (Working
Group)
Roundtable Discussion on Human Rights in
ASEAN (Working Group)
Regional Consultation on ASEAN and Human
Rights (SAPA TFAHR)
ASEAN National Human Rights Institutions
Forum (4NIs)
Thank You