Proposed ASEAN Charter Would Include Protection for Human Rights
By Daniel Hollingsworth
July 25, 2007 | Printer Friendly

The Associated Press reports that diplomats of the ten members the Association of Southeast Asian Nations (ASEAN) working on a charter that would give ASEAN a legal identity are considering provisions that would call for the "respect of fundamental freedoms, the promotion and protection of human rights and the promotion of social justice."  The charter is being negotiated and prepared in advance of the November ASEAN conference in Singapore, at which time officials hope to sign the agreement.

According to the report the main purpose of the charter would be to codify many of the working principles under which ASEAN has operated since its creation in 1967.  Philippine Foreign Assistant Secretary Luis Cruz explained that the charter would “turn ASEAN into a more rules-based organization.” 

According to the wire service, controversy over the human rights provisions in such an agreement relate to the troubling human rights records of some members, especially Burma.  Burma continues to face international criticism for its poor treatment of democratic activists, including its continued imprisonment of leading democratic activist Aung San Suu Kyi, and any inclusion of human rights in the ASEAN charter could establish grounds for increased regional pressure on Burma.

However, the AP report cautions that the charter is also likely to include codification of the principle of non-interference in member nations’ affairs, a principle that has to date tempered regional criticism of Burmese actions.  However, the AP writes that “a Southeast Asian diplomat, speaking on condition of anonymity because he was not authorized to speak to media, said a high-level task force drafting the charter had not yet decided whether to include a contentious provision urging the establishment of a human rights commission.”  The creation of such a commission would complicate members’ adherence to norms of non-interference in others’ internal affairs, as the commission would likely be authorized to observe human rights conditions throughout the region.

Other issues reportedly being considered in the negotiations include a rejection of unconstitutional changes of government; free trade and economic integration; reinforcing a 10-year old ban on nuclear weapons; and reducing the influence of “external powers” on the organization.

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