Such a meeting among the heads of state should have happened weeks ago, but now that a formal proposal has been made by Indonesia, it is of extreme importance that Sultan Bolkiah gets this right, showing statesmanship and visionary leadership about the future of Southeast Asia.

The regional bloc is probably facing its most severe political test with the coup in Myanmar, and despite the deep divisions within ASEAN among democracies and authoritarian member states, it is high time for an unequivocal message: Illegitimate power takeovers are not admissible and those undertaking them should face the most severe consequences. 

The preamble of the ASEAN Charter clearly makes a reference to “adhere to the principle of democracy, rule of law, good governance, respect for and protection of human rights and fundamental freedoms”.

Perhaps the best way to bring along Sultan Bolkiah is not to focus too much on the democracy aspect but rather on the rule of law and good governance dimensions of the ASEAN Charter.

While interpreting these two concepts might widely differ from country to country, it is undeniable that Brunei, Vietnam, Cambodia or Laos do follow their own rule of law aimed at ensuring prosperity and wellbeing for their citizens.

The fact that the citizenry of these countries have no real platforms or vehicle to express their opinions nor have meaningful tools to choose their governments is, while undeniable, a fait accompli and it is based on national laws, which as despicable it can be from a democracy perspective, constitute the legal foundations of legitimate governments.

There is nothing that can be done about this situation, except decoupling democratic nations within ASEAN from those who have political systems that are irreconcilable with basic accepted democratic norms.

We all know that there are no viable prospects about this “schism” at the moment. Indonesia, Malaysia and Singapore, the latter a democracy in progress, while they cannot at the moment even imagine a separation from other members, they can exercise pressure to isolate Myanmar. What is feasible is for these nations to play outside the parameters set by the ASEAN Charter and push for an interruption of all bilateral diplomatic contacts with this country.

Because a formal suspension from the bloc might not even be legally possible, the democratic front of ASEAN should push for the non-democratic front to corner the generals in Myanmar.

The existing conflict resolution mechanisms as envisioned by the charter are murky and vague. Honesty should tell us that there is no real or effective conflict resolution mechanism in the bloc.

We know that ASEAN is all about consensus and unanimity in its decision-making and there is no formal procedure to expel or suspend a member nation. And after all, how could such a procedure exist? Even in the gold standard in regional integration, the European Union, there have recently been many push-backs in relation to ensuring stronger rule of law mechanisms.

In the case of ASEAN, the most serious cases of disagreement among the member states, according to the bloc’s charter, must be referred to the ASEAN Summit, which brings together the heads of states. 

 

If such a meeting is called today, it means that generals will represent Myanmar, and we know already that their participation will stall any meaningful discussion on how to restore democracy there. Here comes the role of Sultan Bolkiah.

While certainly, the monarch is not in a position to preach anyone about democratic norms, he could leverage his power and experience in regional affairs by bringing along the nondemocratic front within the bloc, (up to the reader to consider or not Thailand in this group) and call for a regional summit with the heads of state of the bloc, minus Myanmar.

This would be a special gathering outside the purview of ASEAN mechanisms so that the exclusion of one country will legally stand.

Such a summit should tackle Myanmar’s conundrum from a security point of view, focusing on stability and rule of law — all unconfutable cornerstones of the Charter that went astray since when the generals took power in Naypyidaw.

Sultan Bolkiah must embrace the courage to ensure that regime change outside of a member state’s own constitutional framework (the fact that generals in Myanmar are excusing their behavior through opaque provisions in the constitution of the country are easily dismissible) is not going to be tolerated.

Tackling Myanmar’s issue from this angle will be in the interest of all member states.

Framing the problem from a prospective of rule of law could bring on board those member nations that are the most reluctant to take action against the generals in Myanmar. After all, no country wants to see a disruption in peace and stability on its own soil, and this is exactly what is happening in Myanmar.

Stability is central in ensuring fertile ground for peace and progress, and these are the foundations of the regional cooperation framework.

A special informal meeting without Myanmar could allow the bloc to have a united position that would force the generals to understand that complete isolation from their neighbors is the price they have to pay for their actions. With a formal suspension from the bloc not an option, the member states of ASEAN can raise their voice and, in a display of unity, impose diplomatic boycotts of Myanmar.

As a consequence, the legal framework for regional cooperation might stumble for a while, but this should be an incentive for the heads of state of the region to rethink ASEAN and its own working mechanisms, realizing that is not always possible to reconcile the irreconcilable.

Only Sultan Bolkiah can help navigate this uncertain terrain, proving that his proud nation can help rethink the long-term implications of a promising but inextricably complex regional project; one that, one day, could be unbundled by the boundaries of a “play safe” cooperation paradigm and instead would be driven by a vision geared toward real integration.

 ***

The writer is cofounder of ENGAGE and writer on social inclusion, youth development, regional integration and the Sustainable Development Goals in the context of Southeast Asia.