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ASFN 2nd 08 Asean Charter

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2nd ASFN Meeting 27 – 29 August 2008, Bangkok-Thailand ASEAN Secretariat Information Paper

Agenda 6.1: ASEAN Charter

Introduction

The challenges facing ASEAN today are many, viz.: a more complex and dynamic international environment, stiffer economic competition, greater regional interdependence, and the need to narrow the development gap among its Member Countries. Towards this end, ASEAN Leaders, during the 13th Summit on 20 November 2007 in Singapore, signed the ASEAN Charter.

2. ASEAN Charter will enable ASEAN to better position itself to overcome these challenges. The Charter presents an opportunity for ASEAN to take stock of its achievements and shortcomings, reaffirm its relevance, and forge a new path for its integration. Besides conferring a legal personality on ASEAN, the Charter will also seek to infuse ASEAN with a renewed sense of purpose, to reaffirm and codify key objectives and key principles, to strengthen its institutions and organizational structure, and strive to narrow the development gap, so that ASEAN can retain its role as a driving force in regional dialogue and cooperation.

Towards a New ASEAN

3. In realizing ASEAN’s Vision of the ASEAN Community by 2015, ASEAN cooperation will expand to many areas that will require changes in the way ASEAN works including strong political will of ASEAN Leaders, and active support and involvement of the ASEAN people.

4. In addition to the founding objectives, the Charter enhances regional resilience by promoting greater political, security, economic and socio-cultural cooperation towards peace, security, poverty alleviation, narrowing development gap, a single market and production base that is stable, prosperous and highly competitive within ASEAN. The Charter also aims at promoting sustainable development, strengthening democracy, enhancing good governance and the rule of law.

5. The Charter promotes an ASEAN identity and enhances a people-oriented ASEAN by enhancing the well-being and livelihoods of the ASEAN peoples through human resources development and empowerment, protecting human rights and fundamental freedoms.

6. ASEAN common principles are reaffirmed as they have formed the foundation upon which Member Countries have developed mutual trust and introduced a mechanism for settlement of difference. The Charter contemplates how to improve decision-making in ASEAN. This has, hitherto, been based on consultation and consensus.

7. Building the ASEAN Community will require considerable resources. The operational budget for ASEAN shall be met by Member Countries through equal annual contributions. However, efforts should also be made to attract more resources from the business sector, international organizations, and ASEAN’s partners.

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9. By conferred legal personality, the Charter clearly signals ASEAN’s commitment to move from an Association towards a structure inter-governmental organization in the context of legally binding rules and agreements. All ASEAN Member Countries are urged to put in place measures, including legislation, to give effect to such a legal personality. In stepping up ASEAN’s integration efforts, a culture of honouring and implementing its decision and agreements, including appropriate monitoring and compliance mechanisms, are to be established.

10. The Charter nurtures external relations based on linkages with countries beyond the region through its dialogues and forums, such as the Dialogue Partnerships, the ASEAN Regional Forum (ARF), ASEAN Plus Three, and the EAST Asian Summit (EAS), of which these arrangements bring unique strengths to the relationships and offer future cooperation opportunities. ASEAN can build on such links to ensure that it remains outward-looking and successfully pursues friendly relations and mutually beneficial cooperation with partners and friends. This will help forge a regional architecture that is open and inclusive as well as strengthen regional cooperation to deal with the increasing challenges. The full text of the ASEAN Charter can be obtained at http://www.asean.org/ASEAN-Charter.pdf.

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