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Jakarta Post

Editorial: Saving ASEAN's face

Last but least

The Jakarta Post
Fri, October 24, 2008 Published on Oct. 24, 2008 Published on 2008-10-24T13:39:33+07:00

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Last but least. That is perhaps the best way to describe the passing of the ASEAN Charter into law by the House of Representatives last week.

For many months President Susilo Bambang Yudhoyono had to face the embarrassing prospect of Indonesia failing to ratify the charter before he attended the leaders' ASEAN Summit in Bangkok in December.

However, once the critics at the House's Commission I, which oversees foreign affairs, were placated, the road to ratification was assured.

The lobbying required to ensure ratification was tedious and demanding. One can only imagine the last-minute arguments needed to sway commission members, several of whom are serving their final months as lawmakers.

To say that the final outcome was bittersweet aptly describes the emotions of many local ASEAN watchers.

We are pleased that ASEAN now has a charter that turns the 40-year-old group, in the words of ASEAN Secretary-General Surin Pitsuwan, into "a rules-based, people-oriented and more integrated entity".

And as Foreign Minister Hassan Wirayuda claimed, the charter will help ASEAN embrace democratic and human rights values.

Truly a bold prediction, which we with the best of intentions hope can be realized.

Nevertheless, a less than sweet aftertaste remains, knowing that the charter could have been so much more than it is.

It is compounded by the reality that very little was done to address the concerns about the charter.

The concerns of detractors that the charter remains toothless in dealing with less democratic states are not unfounded.

The voices of discontent should bellow not as a relic of obstacles overcome, but as a reminder of the task at hand.

Let us suppose that the charter, like the EU Constitution, were put to a vote by the peoples of Southeast Asia. Would the charter have been passed with the same level of ease?

While there is no way to test this theory, we are confident that dissent would have been widespread. Given such a supposition, is it thus prudent for ASEAN governments to enforce a "constitution" that does not accord with the values of many people in the region?

Hence our trepidation toward the charter.

We lend our ultimate endorsement of the concept and core ideas of an ASEAN Charter, but the details remain wanting.

The devil is in the details, and there are too many unaddressed devils in the document. Not to mention unrepentant devils in the region.

For now we should let Yudhoyono have his moment in the sun by standing shoulder-to-shoulder with his ASEAN counterparts in a ceremony to pat themselves on the back for their "historic" accomplishment.

But the story of the charter does not, and should not, end here or even in Bangkok two months from now.

The charter is a living document. It must change with the times and aspirations of ASEAN citizens, not at the whims of its leaders.

Amendments and further "corrections" are possible and should be pursued.

We welcome Hassan's acceptance that criticism of the charter "helps support the government's efforts to improve the charter in the future".

"After all, the charter is not a perfect document," he said. "It's always open to amendment."

To prove his words, we look forward to Indonesian officials categorically addressing the concerns and setting a clear plan of action with set deadlines on how to forward criticism that promotes Indonesia's national interests.

We, as a nation, believe in the values we profess and have struggled so painfully to institute over the past decade. Our struggle must not end at the border.

This is not about a desire for regime change, nor about the arrogance of imposing our values upon others.

Rather, it is stated in the simple context of aspiration among nations whose rulers share common ethics in the way they govern: an equilibrium in the rights and responsibilities of statehood.

The facade of power as legitimizing rule has ended in many parts of the world. It is time to usher in an era of accountability, transparency and responsibility in Southeast Asia.

Only when these values are truly enshrined in this document can it be a charter for ASEAN.

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