Charter transforms ASEAN into legal entity like EU

[Marcus Marulus]

Charter transforms ASEAN into legal entity like EU

(Xinhua)

Updated: 2007-11-20 23:22

BEIJING -- In order to be more ready to face challenges, the Association of Southeast Nations (ASEAN) signed a Charter on Tuesday, which transforms the ASEAN into a rules-based legal entity like the European Union.



Heads of state or government of the 10 member countries of the Association of Southeast Asian Nations (ASEAN) gathered Tuesday morning to start the regional grouping's 13th summit. [Xinhua]

The Charter was signed by the bloc's 10 leaders in Shangri-La Hotel in the downtown of Singapore. Under the Charter, the member states of ASEAN are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.

Here is a rough guide of the Charter:

Legal personality

In order to be more ready to face challenges, ASEAN needs a legal foundation and institutional framework for building up the regional integration, the Charter says.

"ASEAN, as an inter-governmental organization, is hereby conferred legal personality," says the Charter.

Single market and elimination of all barriers

ASEAN leaders promised in the Charter to create a single market and production base with effective facilitation for trade and investment in which there is free flow of goods, services and investment. They also promised to gain freer flow of capital.

According to the Charter, ASEAN will adhere to multilateral trade rules to eliminate all barriers to regional economic integration in a market-driven economy.

The Charter says that ASEAN will enhance consultations on matters seriously affecting the common interest of the group.

ASEAN Community

The Charter says peoples of the ASEAN member states are committed to intensifying community building through enhanced regional cooperation and integration, particularly by establishing an ASEAN Community comprising the ASEAN Security Community, the ASEAN Economic Community, and the ASEAN Socio-Cultural Community.

ASEAN, founded in August 1967, used to be a loosely-organized regional body, whereas it is moving towards being a more rules-based organization in order to better meet the challenges posed by regional integration.

The Charter says in its preamble that peoples of the ASEAN member states are convinced of the need to strengthen existing bonds of regional solidarity, so as to effectively respond to current and future challenges and opportunities.


Dispute settlement mechanisms

Appropriate dispute settlement mechanisms, the Charter says, including arbitration, will be established for disputes which concern the interpretation or application of the Charter and other ASEAN instruments.

"Member states shall endeavor to resolve peacefully all disputes in a timely manner through dialogue, consultation and negotiation," the Charter says.

Equal rights

The Charter says the ASEAN member states shall take all necessary measures, including the enactment of appropriate domestic legislation, to effectively implement the provisions of the Charter and to comply with all obligations of membership.

However, the Charter does not mention penalty measures to errant members, only saying serious breach of the Charter shall be referred to the ASEAN summit for decision.

International standards of its budget, finance

The Charter says ASEAN shall observe sound financial management policies and practices and budgetary discipline.
"Financial accounts shall be subject to internal and external audits," it says.

It has a separate article on operational budget and finances of the ASEAN Secretariat.

It stipulates that the Secretariat's operational budget shall be met by ASEAN member states through equal annual contributions which shall be remitted in a timely manner.

Establishment of human rights body

"In conformity with the purpose and principles of the ASEAN Charter relating to the promotion and protection of human rights and fundamental freedom, ASEAN shall establish an ASEAN human rights body," the Charter says in the chapter about the organizations' organs.

Although the body does not have an official name yet, the Charter stipulates that it will operate in accordance with the terms of reference to be determined by the ASEAN Foreign Ministers Meeting.

Seeking appropriate status with U.N. system

The Charter says the ASEAN Coordinating Council shall decide on the participation of ASEAN in other sub-regional, regional, international organizations and institutions.

It says that in conducting ASEAN's external relations, the ASEAN Foreign Ministers Meeting may confer on an external party the formal status of Dialogue Partner, Sectoral dialogue Partner, Development Partner, Special Observer, Guest, or other status that may be established henceforth.

Nuclear issue
As to nuclear problem, ASEAN will preserve Southeast Asia as a nuclear weapon-free zone and free of all other weapons of mass destruction, the Charter says.

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