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About ASEAN

The Association of Southeast Asian Nations (ASEAN) was established on August 8, 1967, and currently consists of ten member states. The ASEAN Charter, which became legally binding on December 15, 2008, introduced a new legal framework and various new bodies to enhance regional cooperation. Key objectives of ASEAN include promoting economic growth, regional peace, and collaboration among member states while adhering to principles of mutual respect and non-interference.

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0% found this document useful (0 votes)
8 views13 pages

About ASEAN

The Association of Southeast Asian Nations (ASEAN) was established on August 8, 1967, and currently consists of ten member states. The ASEAN Charter, which became legally binding on December 15, 2008, introduced a new legal framework and various new bodies to enhance regional cooperation. Key objectives of ASEAN include promoting economic growth, regional peace, and collaboration among member states while adhering to principles of mutual respect and non-interference.

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About ASEAN

The Association of Southeast Asian Nations, or ASEAN, was established on 8


August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration
(Bangkok Declaration) by the Founding Fathers of ASEAN: Indonesia,
Malaysia, Philippines, Singapore and Thailand. Brunei Darussalam joined
ASEAN on 7 January 1984, followed by Viet Nam on 28 July 1995, Lao PDR
and Myanmar on 23 July 1997, and Cambodia on 30 April 1999, making up
what is today the ten Member States of ASEAN.

Significance of the ASEAN Charter

With the entry into force of the ASEAN Charter on 15 December 2008, ASEAN
will henceforth operate under a new legal framework and establish a number
of new organs to boost its community-building process.

The ASEAN Charter has been fully ratified (or accepted in Member States
without Parliament or when such ratification cane be done through a Cabinet
decision) in all the 10 ASEAN Member States. Singapore was the first
to deposit its instrument of ratification with the Secretary-General of ASEAN,
on 7 January 2008; Thailand was the last, on 15 November 2008.

In effect, the ASEAN Charter has become a legally binding agreement among
the 10 ASEAN Member States. It will also be registered with the Secretariat of
the United Nations, pursuant to Article 102, Paragraph 1

of the Charter of the United Nations.

The importance of the ASEAN Charter can be seen in the following contexts:

 New political commitment at the top level

 New and enhanced commitments

 New legal framework, legal personality

 New ASEAN bodies

 Two new openly-recruited DSGs


 More ASEAN meetings

 More roles of ASEAN Foreign Ministers

 New and enhanced role of the SecretaryGeneral of ASEAN

 Other new initiatives and changes

 What remains unchanged?

New political commitment at the top level

 To unite under One Vision, One Identity and One Caring and Sharing
Community

 To build the ASEAN Community comprising:

1. ASEAN Political-SecurityCommunity

2. ASEAN Economic Community

3. ASEAN Socio-Cultural Community

New and enhanced commitments

Political

 Mutual interests and interdependence among ASEAN peoples; common

 objectives and shared destiny

 “Member States shall take all necessary measures, including the


enactment of appropriate domestic legislation, to effectively
implement the provisions of this

 Charter and to comply with all obligations of membership;” (Article 5.2)

 Principles of democracy, the rule of law, and good governance

 Respect for and protection and promotion of human rights

 Peace-oriented values

 Nuclear weapon-free Southeast Asia, and free of all other weapons of


mass destruction
 “shared commitment and collective responsibility in enhancing
regional peace, security and prosperity” (Article 2.2 (b))

 “enhanced consultations on matters seriously affecting the common


interest of ASEAN;” (Article 2.2 (g))

Economic

 Rules-based economic integration; market economy

 Adherence to multilateral trade rules and ASEAN’s rules-based regimes

 Progress reduction towards elimination of all barriers to regional


economic integration

People-oriented

 “We, THE PEOPLES of the Member States of the Association of


Southeast Asian Nations (ASEAN), …” (Preamble)

 At least 10 of the 15 “purposes” of ASEAN are directly related to the


peoples of ASEAN (See Article 1.4, and 1.6 – 14)

 Peoples at the centre of the ASEAN community-building process

 “To promote a people-oriented ASEAN in which all sectors of society


are encouraged to participate in, and benefit from, the process of
ASEAN integration and community building;” (Article 1.13)

 Common values in the spirit of unity in diversity

 Chapter V: Entities Associated with ASEAN provides for enhanced


ASEAN’s engagement with these entities

New legal framework, legal personality

 The ASEAN Charter is a legally-binding international (intra-ASEAN)


agreement

 All the Governments of the 10 Member States of ASEAN have


ratified/accepted it

 All the 10 ASEAN Governments have deposited their instruments of


ratification/acceptance with the Secretary-General of ASEAN
 Singapore was the first to deposit on 7 January 2008; Thailand was the
last on 15 November 2008

 The ASEAN Charter is due to enter into force on 15 December 2008,


in accordance with its Article 47.4

 The ASEAN Charter shall be registered with the Secretariat of the UN

 Article 3 states: “ASEAN, as an intergovernmental organisation, is


hereby
conferred legal personality.”

A High Level Legal Experts Group (HLEG), appointed at the 41st AMM in
Singapore, consisting of 10 senior legal experts, one each from every
Member State, is looking into all legal issues arising from the Charter.

HLEG is chaired by H.E. Vasin Teeravechyan, former Ambassador of Thailand


to the Republic of Korea, and former Director-General of the Treaty and Legal
Affairs Department, Ministry of Foreign Affairs of Thailand. HLEG is
addressing three key issue areas: (1) legal personality of ASEAN (2) dispute
settlement (3) privileges and immunities.

New ASEAN bodies to be established

 ASEAN Coordinating Council (ACC), consisting of the ASEAN Foreign


Ministers

 Three Community Councils

 Committee of Permanent Representatives to ASEAN

 ASEAN human rights body

Two new openly-recruited DSGs

 Two additional Deputy Secretaries-General (DSGs) will be openly


recruited: one for the ASEAN Economic Community, another for the
Community and Corporate Affairs. Each will serve a three-year term,
which may be renewed for another three years
 Two other DSGs will continue to be appointed from national
nominations,
based on alphabetical rotation. The two incumbents are H.E. Nicholas
T. Dammen from Indonesia, and H.E. Dr. Soeung Rathchavy from
Cambodia. They will be succeeded next year by DSGs from Lao PDR
and Malaysia respectively. Each of these two DSGs shall serve a 3-year
nonrenewable term

 The posts of these four DSGs and the post of the Secretary-General of
ASEAN shall be held by ASEAN nationals from five different Member
States, in accordance with Article 11.5

More ASEAN meetings

 ASEAN Summit of the Heads of State/Government shall be held twice


annually

 Special ASEAN Summit may be held when necessary, and it can be


convened outside the ASEAN region; (a Special ASEAN Summit was, for
example, held in Beijing on 23 October 2008 on the sidelines of the 7th
ASEM)

 ASEAN Coordinating Council, and the three Community Councils to


meet at least twice a year; they shall be supported by relevant senior
officials

 The Committee of Permanent Representatives to ASEAN is expected to


meet regularly at the ASEAN Secretariat in Jakarta

More roles of ASEAN Foreign Ministers

 The annual ASEAN Ministerial Meeting of Foreign Ministers (AMM) will


be renamed as the ASEAN Foreign Ministers Meeting; its abbreviation
will stay as the AMM

ASEAN Summit
The ASEAN Summit is the highest policy-making body in ASEAN comprising the Heads of State or
Government of ASEAN Member States. As per regular practice, the ASEAN Summit Meetings
shall be held twice annually at a time to be determined by the Chair of the ASEAN Summit in
consultation with other ASEAN Member States, to be hosted by the ASEAN Member State holding
the ASEAN Chairmanship. The First ASEAN Summit was held in Bali, Indonesia on 23-24
February 1976.
ASEAN Coordinating Council

Aside from the ASEAN Charter, the ACC is guided by the Rules of Procedure
for the ASEAN Coordinating Council, which was adopted by the 5th Meeting
of ACC on 22 October 2009 in Cha-am Hua Hin, Thailand.

Based on the stipulations in the ASEAN Charter, issues which may be


discussed by the ACC include, but are not limited to, ASEAN’s key
deliverables during a specific chairmanship year, and any other emerging
issues which are of priority to ASEAN, especially those which cut across the
three ASEAN Community Pillars. For example, in 2020, the ACC played a
prominent role in the discussions on ASEAN’s direction towards collective
efforts in responding to the Coronavirus Disease 2019 (COVID-19). The
priority areas for the ACC’s deliberations may also be assigned by the ASEAN
Summit.

The ACC is responsible in overseeing the development and implementation


of documents as assigned by the ASEAN Leaders. The documents shall seek
cross-pillar input and concurrence from the three ASEAN Community
Councils, namely the APSC Council, AEC Council, and ASCC Council prior to
submission to the ASEAN Leaders for endorsement at the ASEAN Summit.

The key ASEAN bodies which report to the ACC include: (i) the Joint
Consultative Meeting (JCM); (ii) the Committee of Permanent Representatives
to ASEAN (CPR); (iii) the ASEAN Connectivity Coordinating Committee
(ACCC); (iv) the Initiative for ASEAN Integration (IAI) Task Force; (v) the
ASEAN Coordinating Council Working Group (ACCWG) on Timor-Leste’s
Application for ASEAN Membership; and (v) the ASEAN Coordinating Council
Working Group on Public Health Emergencies (ACCWG-PHE).

Composition of the ASEAN Coordinating Council

As of August 2022

THE HON. DATO ERYWAN PEHIN YUSOF

Second Minister of Foreign Affairs

Jalan Subok

Bandar Seri Begawan BD 2710

Brunei Darussalam

H.E. PRAK SOKHONN

Deputy Prime Minister and Minister of

Foreign Affairs and International Cooperation

Ministry of Foreign Affairs and International

Cooperation

No.3, Samdech Hun Sen Street,

Sangkat Tonle Bassac, Khan Chamcarmon,

Phnom Penh

Cambodia

H.E. RETNO L.P. MARSUDI

Minister for Foreign Affairs

Ministry of Foreign Affairs

Jalan Taman Pejambon No.6

Jakarta Pusat 10110

Republic of Indonesia
H.E. SALEUMXAY KOMMASITH

Minister of Foreign Affairs

Ministry of Foreign Affairs

23 Singha Road, Vientiane, 01004

Lao People’s Democratic Republic

H.E. DATO’ SRI SAIFUDDIN ABDULLAH

Minister of Foreign Affairs

Ministry of Foreign Affairs

Wisma Putra No 1, Jalan Wisma Putra

Precint 2, 62602 Putrajaya

Malaysia

H.E. DAW AUNG SAN SUU KYI

State Counsellor and Union Minister of

Foreign Affairs

Ministry of Foreign Affairs

Nay Pyi Taw,

Republic of the Union of Myanmar

H.E. ENRIQUE A. MANALO

Secretary of Foreign Affairs

Department of Foreign Affairs

2330 Roxas Boulevard, Pasay City

Republic of the Philippines

H.E. DR VIVIAN BALAKRISHNAN

Minister for Foreign Affairs


Ministry of Foreign Affairs

Tanglin, Singapore 248163

Republic of Singapore

H.E. DON PRAMUDWINAI

Deputy Prime Minister and Minister of

Foreign Affairs

Ministry of Foreign Affairs

443 Sri Ayudha Rd. Rajthevi District

Bangkok 10400

Kingdom of Thailand

H.E. BUI THANH SON

Minister of Foreign Affairs

Ministry of Foreign Affairs

No.1 Ton That Dam, Ba Dinh, Hanoi,

Socialist Republic of Viet Nam

Established in 2008, the ASEAN Coordinating Council (ACC) comprises the


ASEAN Foreign Ministers and meets at least twice a year to prepare for the
ASEAN Summit. The ACC coordinates the implementation of the mandate of
ASEAN Leaders and all cross-pillar initiatives of ASEAN. As stipulated in the
Article 8 of the ASEAN Charter, the ACC shall:

1. prepare the meetings of the ASEAN Summit;

2. coordinate the implementation of agreements and decisions of the


ASEAN Summit;

3. coordinate with the ASEAN Community Councils to enhance policy


coherence, efficiency and cooperation among them;
4. coordinate the reports of the ASEAN Community Council to the ASEAN
Summit;

5. consider the annual report of the Secretary-General on the work of


ASEAN;

6. consider the report of the Secretary-General on the functions and


operations of the ASEAN Secretariat and other relevant bodies;

7. approve the appointment and termination of the Deputy Secretaries-


General upon the recommendation of the Secretary-General; and

8. undertake other tasks provided for in this Charter or such other


functions as may be assigned by the ASEAN Summit.

ASEAN Flag

Guidelines on the use of the ASEAN Flag

 The ASEAN Flag is a symbol of Member States’ unity and support for
the principles and endeavours of ASEAN and is a means to promote
greater ASEAN awareness and solidarity.

 The ASEAN Flag represents a stable, peaceful, united and dynamic


ASEAN. The colours of the Flag – blue, red, white and yellow –
represent the main colours of the flags of all the ASEAN Member
States.
 The blue represents peace and stability. Red depicts courage and
dynamism, white shows purity and yellow symbolises prosperity.

 The stalks of padi in the centre of the Emblem represent the dream of
ASEAN’s Founding Fathers for an ASEAN comprising all the countries in
Southeast Asia, bound together in friendship and solidarity.

 The circle represents the unity of ASEAN.

 The ASEAN Flag is the reserved copyright of ASEAN.

 The specifications of the ASEAN Flag are annexed.

ASEAN Aims

As set out in the ASEAN Declaration, the aims and purposes of


ASEAN are:

 accelerate the economic growth, social progress and cultural


development in the region through joint endeavours in the spirit of
equality and partnership in order to strengthen the foundation for a
prosperous and peaceful community of Southeast Asian Nations;

 promote regional peace and stability through abiding respect for


justice and the rule of law in the relationship among countries of the
region and adherence to the principles of the United Nations Charter;

 promote active collaboration and mutual assistance on matters of


common interest in the economic, social, cultural, technical, scientific
and administrative fields;

 provide assistance to each other in the form of training and research


facilities in the educational, professional, technical and administrative
spheres;

 collaborate more effectively to encourage further growth in the


agriculture and industry, and trade sectors. This includes improving
transportation and communications facilities and conducting studies on
international commodity trade with the overarching goal of raising the
living standards of ASEAN peoples;
 promote Southeast Asian studies; and

 maintain close and beneficial cooperation with existing international


and regional organisations with similar aims and purposes, and explore
all avenues for even closer cooperation among themselves.

Fundamental Principles

In their relations with one another, the ASEAN Member States have
adopted the following fundamental principles, as contained in the
Treaty of Amity and Cooperation in Southeast Asia (TAC) of 1976:

 Mutual respect for the independence, sovereignty, equality, territorial


integrity, and national identity of all nations;

 The right of every State to lead its national existence free from
external interference, subversion or coercion;

 Non-interference in the internal affairs of one another;

 Settlement of differences or disputes by peaceful manner;

 Renunciation of the threat or use of force; and

 Effective cooperation among themselves.


The Secretary-General of ASEAN and the ASEAN Secretariat shall function as
the coordinating Secretariat to help facilitate effective decision-making
within and amongst ASEAN bodies. In addition, each Member States shall
appoint a Permanent Representative to liaise with the Secretary-General of
ASEAN and the ASEAN Secretariat.

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