The ASEAN Charter: Making Sense out of Mixed Responses

Summary

Introduction

Since the formal adoption of the much-awaited ASEAN Charter in November 2007, opinions have been mixed regarding its impact on the institutional development of the forty-year-old association. At one end of the spectrum are the positive views that commend ASEAN for finally working out a Charter that could provide the legal framework for regional relations in Southeast Asia. At the other end are the critical views that dismiss the Charter as nothing more than a reiteration of the old ASEAN way of doing things – more form, less substance. While debates about the Charter will continue in the months and years to come, it is nevertheless an opportune time to assess where ASEAN is now in institutionalizing regional cooperation in Southeast Asia.

Chartering ASEAN

The ASEAN Charter was formally adopted by ASEAN's leaders on 20 November 2007. A media release from the ASEAN Secretariat noted that “for the first time after 40 years of regional cooperation, ASEAN Member states have codified organic Southeast Asian diplomacy, and listed key principles and purposes of ASEAN”. With thirteen chapters, fifty-five articles and four annexes, the new Charter has essentially laid out the legal and institutional framework of ASEAN. But while the adoption of a charter is certainly a watershed in ASEAN's history, many observers have questioned how much the formal adoption of the Charter has actually achieved.

The former ASEAN Secretary-General, Mr Ong Keng Yong, had declared that “the Charter will serve the organization well in three interrelated ways: (1) formally accord ASEAN legal personality, (2) establish greater institutional accountability and compliance system, and (3) reinforce the perception of ASEAN as a serious regional player in the future of the Asia Pacific region”. This next section will examine each of these issues on the basis of the provisions of the ASEAN Charter.

Legal Personality of ASEAN

This is perhaps the most significant achievement of the Charter. ASEAN officials have explained that the Charter would establish the association as a “juridical personality and a legal entity”, which in turn would bring about a number of advantages. For one thing, the Charter would grant ASEAN legal status under international law and would therefore allow ASEAN to enter transactions in its own right. More significantly, having a charter would be useful in providing a legal framework for incorporating ASEAN decisions, treaties and conventions into the national legislation of member countries.