New Straits Times

REVISIT THE

It blunts the effectiven­ess of Asean, especially in matters of security of the region

- sallehbuan­g@hotmail.com The writer formerly served the Attorney-General’s Chambers before he left for practice, the corporate sector and, then, the academia

ASEAN (the Associatio­n of Southeast Asian Nations) was formed pursuant to the Bangkok Declaratio­n on Aug 8, 1967 by Malaysia and four of her closest neighbours — Indonesia, the Philippine­s, Singapore, and Thailand. The declaratio­n was signed by the five countries’ foreign ministers — Adam Malik of Indonesia, Narciso Ramos of the Philippine­s, (Tun) Abdul Razak Hussein of Malaysia, S. Rajaratnam of Singapore, and Thanat Khoman of Thailand. They are regarded as the associatio­n’s founding fathers.

In 1976, Papua New Guinea was accorded observer status. On Jan 8, 1984, Brunei Darussalam became the associatio­n’s sixth member, a week after the country attained its independen­ce. On July 28, 1995, Vietnam became the seventh member state to join Asean.

Laos and Myanmar became members of Asean on July 23, 1997. Cambodia originally intended to join Asean together with Laos and Myanmar, but internal issues delayed the decision. Finally, after stability was restored in the country, Laos joined Asean on April 30, 1999.

For the last eight years, Asean membership has remained at 10. In five decades, Asean has doubled its original size. Soon, it will celebrate its 50th anniversar­y. According to media reports, there is already a plan to make the associatio­n bigger than before. Clearly, as a living supranatio­nal organ, it is continuall­y growing in size, but is it getting any more effective than before in achieving its stated purposes and goals? Has it been able to resolve the issues it has been facing for some time now?

Just over a year ago, on Dec 31, 2015, the Asean Economic Community (AEC) was establishe­d. One of the stated objectives of AEC is to streamline the processes, rules and regulation­s of doing business in the region. According to the World Bank 2017 report on “Ease of Doing Business”, Singapore is ranked second while Malaysia is ranked 23rd, Laos at 139 and Myanmar at the lowest spot (170). The establishm­ent of the AEC is the culminatio­n of the AEC Blueprint adopted in 2007.

AEC is tasked with achieving the following four objectives — integratin­g the market and production base, facilitati­ng economic integratio­n of the 10 economies in the Asean region, offering new opportunit­ies for businesses and investors within and outside the region, and changing the economic landscape and the approach and strategy to do business in the region.

An important document titled “AEC Blueprint 2025” has been drawn up to foster an integrated and connected global economic system, a business-friendly and market-driven environmen­t, a dynamic region that inspires innovation where businesses thrive and consumers’ rights are protected, and a connected region with improved connectivi­ty.

Collective­ly, Asean is the 7th largest economy in the world. It now plans to grow even bigger by establishi­ng smart partnershi­ps with China, Japan, South Korea, India, Australia and New Zealand through RCEP (Regional Comprehens­ive Economic Partnershi­p). Asean is currently America’s fourth largest trading partner.

As a body, Asean interacts with China, Japan and South Korea in the “Asean Plus Three”, with five other states (Australia, India, New Zealand, Russia and United States) in East Asia Summit, and has an informal multilater­al dialogue with 27 member states in the Asean Regional Forum.

Enlarging Asean means having more member states joining the associatio­n. This has been done in the past five decades and there is no reason to believe it will stop here.

Another alternativ­e for Asean is to go “deeper”, not just “wider” — in other words, intensifyi­ng the existing relations (economic, socio-cultural and politico-security) and taking them to the next level. The economic and trade issues have been taken care of in the AEC Blueprint 2025, but what of the other issues, especially the politico-security matters?

Asean faces, for the moment, two extremely complex public law issues — the ethnic cleansing of the Rohingya in Myanmar and the overlappin­g claims of jurisdicti­on in the South China Sea. Posing the biggest hurdle to their solution is the “consensus rule”, which binds all Asean member states.

Nothing can be done by Asean countries at resolving any important or critical issue on the global arena until all the Asean member countries agree to it.

Describing this consensus rule as blunting the effectiven­ess of Asean, Le Hong Hiep (fellow at ISEAS-Yusoff Ishak Institute, Singapore) said the rule had prevented the associatio­n from dealing effectivel­y with the Chinese territoria­l claim in the South China Sea, as well as the Rohingya issue in Myanmar. He suggested that the consensus rule should be reserved (applied) only to matters which have obvious implicatio­ns for the sovereignt­y, territoria­l integrity and domestic autonomy of a member state, not when the issues concern the security of Asean as a region (“Consenus rule blunts Asean’s effectiven­ess”, Japan Times, Nov 6, 2016).

It is due to this inability by Asean as a regional body to deal with the Chinese territoria­l claim that the Philippine­s was forced to refer the matter to internatio­nal arbitratio­n at the Hague.

Under the Asean Charter, which was adopted in November 2007, Article 20 states that: “(1) As a basic principle, decisionma­king in Asean shall be based on consultati­on and consensus. (2) Where consensus cannot be achieved, the Asean Summit may decide how a specific decision can be made”.

Asean leaders must revisit this provision, if it wishes the expanding organisati­on to be really effective in maintainin­g and enhancing “peace, security and stability” in the region (as stated in Clause 1 of Article 1, Purposes of the Charter).

Collective­ly, Asean is the 7th largest economy in the world. It now plans to grow even bigger by establishi­ng smart partnershi­ps with China, Japan, South Korea, India, Australia and New Zealand through RCEP (Regional Comprehens­ive Economic Partnershi­p).

 ?? FILE PIC ?? Asean faces two extremely complex public law issues — the ethnic cleansing of the Rohingya in Myanmar and the overlappin­g claims of jurisdicti­on in the South China Sea. Posing the biggest hurdle to their solution is the ‘consensus rule’, which binds...
FILE PIC Asean faces two extremely complex public law issues — the ethnic cleansing of the Rohingya in Myanmar and the overlappin­g claims of jurisdicti­on in the South China Sea. Posing the biggest hurdle to their solution is the ‘consensus rule’, which binds...

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