‘Confidential’, of the draft ASEAN Charter
Prachatai has obtained a copy, marked ‘Confidential’, of the draft ASEAN Charter which we present here.
This document, which has been in the drafting process for 2 years, is supposedly for the benefit of the citizens of all ASEAN countries. Yet public participation in drafting the charter has been virtually zero and the plan is for the document to remain secret until it is signed into force by all member countries at the ASEAN summit in Singapore on 20 November.
The draft charter has been submitted today to the National Legislative Assembly, in accordance with Article 190 of the 2007 Constitution which requires that all foreign treaties receive parliamentary approval. It is highly unusual for a parliament in a democracy to deliberate on a document that is a secret to its own people.
The draft charter is the work primarily of a high-level task force, compromising one representative from each ASEAN member state. The draft was reviewed by an eminent persons group, which sought very limited input at a meeting in Manila in March. At this meeting, representatives of the media and civil society were expected to comment on a draft which they had not been shown. A summary in Thai was leaked early in October by unattributed sources in the Thai government.
Attempts by civil society in other ASEAN countries (and members such as Lao and Burma allow no civil society) to obtain copies of the draft charter and to initiate public debate have been met with an almost impregnable wall of secrecy.
Draft of ASEAN Charter (Click to download : 6 MB of pdf file)
Down load below ? From the Official site
CHARTER OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS
PREAMBLE
WE, THE PEOPLES of the Member States of the Association of Southeast Asian Nations (ASEAN), as represented by the Heads of State or Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam:
NOTING with satisfaction the significant achievements and expansion of ASEAN since its establishment in Bangkok through the promulgation of The ASEAN Declaration;
RECALLING the decisions to establish an ASEAN Charter in the Vientiane Action Programme, the Kuala Lumpur Declaration on the Establishment of the ASEAN Charter and the Cebu Declaration on the Blueprint of the ASEAN Charter;
MINDFUL of the existence of mutual interests and interdependence among the peoples and Member States of ASEAN which are bound by geography, common objectives and shared destiny;
INSPIRED by and united under One Vision, One Identity and One Caring and Sharing Community;
UNITED by a common desire and collective will to live in a region of lasting peace, security and stability, sustained
economic growth, shared prosperity and social progress, and to promote our vital interests, ideals and aspirations;
RESPECTING the fundamental importance of amity and cooperation, and the principles of sovereignty, equality, territorial integrity, non-interference, consensus and unity in diversity;
ADHERING to the principles of democracy, the rule of law and good governance, respect for and protection of human rights and fundamental freedoms;
( Don’t believe these liers. This is just sugar coating only.)
RESOLVED to ensure sustainable development for the benefit of present and future generations and to place the well-being, livelihood and welfare of the peoples at the centre of the ASEAN community building process;
CONVINCED of the need to strengthen existing bonds of regional solidarity to realise an ASEAN Community that is politically cohesive, economically integrated and socially responsible in order to effectively respond to current and future challenges and opportunities;
COMMITTED to intensifying community building through enhanced regional cooperation and integration, in particular by establishing an ASEAN Community (SHIT. BLUFFING ONLY)comprising the ASEAN Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural Community, as provided for in the Bali Declaration of ASEAN Concord II;
HEREBY DECIDE to establish, through this Charter, the legal and institutional framework for ASEAN,
AND TO THIS END, the Heads of State or Government of the Member States of ASEAN, assembled in Singapore on the historic occasion of the 40 th anniversary of the founding of ASEAN, have agreed to this Charter.
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CHAPTER I
PURPOSES AND PRINCIPLES
ARTICLE 1
PURPOSES
The Purposes of ASEAN are:
1.To maintain and enhance peace, security and stability and further strengthen peace-oriented values in the region;
2.To enhance regional resilience by promoting greater political, security, economic and socio-cultural cooperation;
3.To preserve Southeast Asia as a Nuclear Weapon-Free Zone and free of all other weapons of mass destruction;
4.To ensure that the peoples and Member States of ASEAN live in peace with the world at large in a just, democratic and harmonious environment;
5.To create a single market and production base which is stable, prosperous, highly competitive and economically integrated with effective facilitation for trade and investment in which there is free flow of goods, services and investment; facilitated movement of business persons, professionals, talents and labour; and freer flow of capital;
(We need to call this a bluff. We could believe only if we see and feel the real process)
6.To alleviate poverty and narrow the development gap within ASEAN through mutual assistance and cooperation;
7.To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms, with due regard to the rights and responsibilities of the Member States of ASEAN;
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8.To respond effectively, in accordance with the principle of comprehensive security, to all forms of threats, transnational crimes and transboundary challenges;
9.To promote sustainable development so as to ensure the protection of the region’s environment, the sustainability of its natural resources, the preservation of its cultural heritage and the high quality of life of its peoples;
10. To develop human resources through closer cooperation in education and life-long learning, and in science and technology, for the empowerment of the peoples of ASEAN and for the strengthening of the ASEAN Community;
11. To enhance the well-being and livelihood of the peoples of ASEAN by providing them with equitable access to opportunities for human development, social welfare and justice;
12. To strengthen cooperation in building a safe, secure and
drug-free environment for the peoples of ASEAN;
13. 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;
14. To promote an ASEAN identity through the fostering of
greater awareness of the diverse culture and heritage of the
region; and
15. To maintain the centrality and proactive role of ASEAN as
the primary driving force in its relations and cooperation with its
external partners in a regional architecture that is open,
transparent and inclusive.
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ARTICLE 2
PRINCIPLES
1.
In pursuit of the Purposes stated in Article 1, ASEAN and
its Member States reaffirm and adhere to the fundamental
principles contained in the declarations, agreements,
conventions, concords, treaties and other instruments of
ASEAN.
2.
ASEAN and its Member States shall act in accordance
with the following Principles:
(a) respect for the independence, sovereignty, equality,
territorial integrity and national identity of all ASEAN
Member States;
(b) shared commitment and collective responsibility in
enhancing regional peace, security and prosperity;
(c) renunciation of aggression and of the threat or use
of force or other actions in any manner inconsistent
with international law;
(d) reliance on peaceful settlement of disputes;
(e) non-interference in the internal affairs of ASEAN
Member States;
(f)
respect for the right of every Member State to lead
its national existence free from external
interference, subversion and coercion;
(g) enhanced consultations on matters seriously
affecting the common interest of ASEAN;
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(h) adherence to the rule of law, good governance, the
principles of democracy and constitutional
government;
(i)
respect for fundamental freedoms, the promotion
and protection of human rights, and the promotion
of social justice;
(j)
upholding the United Nations Charter and
international
law,
including
international
humanitarian law, subscribed to by ASEAN Member
States;
(k) abstention from participation in any policy or activity,
including the use of its territory, pursued by any
ASEAN Member State or non-ASEAN State or any
non-State actor, which threatens the sovereignty,
territorial integrity or political and economic stability
of ASEAN Member States;
(l)
respect for the different cultures, languages and
religions of the peoples of ASEAN, while
emphasising their common values in the spirit of
unity in diversity;
(m) the centrality of ASEAN in external political,
economic, social and cultural relations while
remaining actively engaged, outward-looking,
inclusive and non-discriminatory; and
(n) adherence to multilateral trade rules and ASEAN’s
rules-based regimes for effective implementation of
economic commitments and progressive reduction
towards elimination of all barriers to regional
economic integration, in a market-driven economy.
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CHAPTER II
LEGAL PERSONALITY
ARTICLE 3
LEGAL PERSONALITY OF ASEAN
ASEAN, as an inter-governmental organisation, is hereby
conferred legal personality.
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CHAPTER III
MEMBERSHIP
ARTICLE 4
MEMBER STATES
The Member States of ASEAN are Brunei Darussalam, the
Kingdom of Cambodia, the Republic of Indonesia, the Lao
People’s Democratic Republic, Malaysia, the Union of
Myanmar, the Republic of the Philippines, the Republic of
Singapore, the Kingdom of Thailand and the Socialist Republic
of Viet Nam.
ARTICLE 5
RIGHTS AND OBLIGATIONS
1.
Member States shall have equal rights and obligations
under this Charter.
2.
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.
3.
In the case of a serious breach of the Charter or non-
compliance, the matter shall be referred to Article 20.
ARTICLE 6
ADMISSION OF NEW MEMBERS
1.
The procedure for application and admission to ASEAN
shall be prescribed by the ASEAN Coordinating Council.
2.
Admission shall be based on the following criteria:
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(a) location in the recognised geographical region of
Southeast Asia;
(b) recognition by all ASEAN Member States;
(c) agreement to be bound and to abide by the Charter;
and
(d) ability and willingness to carry out the obligations of
Membership.
3.
Admission shall be decided by consensus by the ASEAN
Summit, upon the recommendation of the ASEAN Coordinating
Council.
4.
An applicant State shall be admitted to ASEAN upon
signing an Instrument of Accession to the Charter.
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CHAPTER IV
ORGANS
ARTICLE 7
ASEAN SUMMIT
1.
The ASEAN Summit shall comprise the Heads of State or
Government of the Member States.
2.
The ASEAN Summit shall:
(a) be the supreme policy-making body of ASEAN;
(b) deliberate, provide policy guidance and take
decisions on key issues pertaining to the realisation
of the objectives of ASEAN, important matters of
interest to Member States and all issues referred to
it by the ASEAN Coordinating Council, the ASEAN
Community Councils and ASEAN Sectoral
Ministerial Bodies;
(c) instruct the relevant Ministers in each of the
Councils concerned to hold ad hoc inter-Ministerial
meetings, and address important issues concerning
ASEAN that cut across the Community Councils.
Rules of procedure for such meetings shall be
adopted by the ASEAN Coordinating Council;
(d) address emergency situations affecting ASEAN by
taking appropriate actions;
(e) decide on matters referred to it under Chapters VII
and VIII;
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(f)
authorise the establishment and the dissolution of
Sectoral Ministerial Bodies and other ASEAN
institutions; and
(g) appoint the Secretary-General of ASEAN, with the
rank and status of Minister, who will serve with the
confidence and at the pleasure of the Heads of
State or Government upon the recommendation of
the ASEAN Foreign Ministers Meeting.
3.
ASEAN Summit Meetings shall be:
(a) held twice annually, and be hosted by the Member
State holding the ASEAN Chairmanship; and
(b) convened, whenever necessary, as special or ad
hoc meetings to be chaired by the Member State
holding the ASEAN Chairmanship, at venues to be
agreed upon by ASEAN Member States.
ARTICLE 8
ASEAN COORDINATING COUNCIL
1.
The ASEAN Coordinating Council shall comprise the
ASEAN Foreign Ministers and meet at least twice a year.
2.
The ASEAN Coordinating Council shall:
(a) prepare the meetings of the ASEAN Summit;
(b) coordinate the implementation of agreements and
decisions of the ASEAN Summit;
(c) coordinate with the ASEAN Community Councils to
enhance policy coherence, efficiency and
cooperation among them;
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(d) coordinate the reports of the ASEAN Community
Councils to the ASEAN Summit;
(e) consider the annual report of the Secretary-General
on the work of ASEAN;
(f)
consider the report of the Secretary-General on the
functions and operations of the ASEAN Secretariat
and other relevant bodies;
(g) approve the appointment and termination of the
Deputy
Secretaries-General
upon
the
recommendation of the Secretary-General; and
(h) undertake other tasks provided for in this Charter or
such other functions as may be assigned by the
ASEAN Summit.
3.
The ASEAN Coordinating Council shall be supported by
the relevant senior officials.
ARTICLE 9
ASEAN COMMUNITY COUNCILS
1.
The ASEAN Community Councils shall comprise the
ASEAN Political-Security Community Council, ASEAN
Economic Community Council, and ASEAN Socio-Cultural
Community Council.
2.
Each ASEAN Community Council shall have under its
purview the relevant ASEAN Sectoral Ministerial Bodies.
3.
Each Member State shall designate its national
representation for each ASEAN Community Council meeting.
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4.
In order to realise the objectives of each of the three
pillars of the ASEAN Community, each ASEAN Community
Council shall:
(a) ensure the implementation of the relevant decisions
of the ASEAN Summit;
(b) coordinate the work of the different sectors under its
purview, and on issues which cut across the other
Community Councils; and
(c) submit reports and recommendations to the ASEAN
Summit on matters under its purview.
5.
Each ASEAN Community Council shall meet at least
twice a year and shall be chaired by the appropriate Minister
from the Member State holding the ASEAN Chairmanship.
6.
Each ASEAN Community Council shall be supported by
the relevant senior officials.
ARTICLE 10
ASEAN SECTORAL MINISTERIAL BODIES
1.
ASEAN Sectoral Ministerial Bodies shall:
(a) function in accordance with their respective
established mandates;
(b) implement the agreements and decisions of the
ASEAN Summit under their respective purview;
(c) strengthen cooperation in their respective fields in
support of ASEAN integration and community
building; and
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(d) submit reports and recommendations to their
respective Community Councils.
2.
Each ASEAN Sectoral Ministerial Body may have under
its purview the relevant senior officials and subsidiary bodies to
undertake its functions as contained in Annex 1. The Annex
may be updated by the Secretary-General of ASEAN upon the
recommendation
of
the
Committee
of
Permanent
Representatives without recourse to the provision on
Amendments under this Charter.
ARTICLE 11
SECRETARY-GENERAL OF ASEAN
AND ASEAN SECRETARIAT
1.
The Secretary-General of ASEAN shall be appointed by
the ASEAN Summit for a non-renewable term of office of five
years, selected from among nationals of the ASEAN Member
States based on alphabetical rotation, with due consideration to
integrity, capability and professional experience, and gender
equality.
2.
The Secretary-General shall:
(a) carry out the duties and responsibilities of this high
office in accordance with the provisions of this
Charter and relevant ASEAN instruments, protocols
and established practices;
(b) facilitate
and
monitor
progress
in
the
implementation of ASEAN agreements and
decisions, and submit an annual report on the work
of ASEAN to the ASEAN Summit;
(c) participate in meetings of the ASEAN Summit, the
ASEAN Community Councils, the ASEAN
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Coordinating Council, and ASEAN Sectoral
Ministerial Bodies and other relevant ASEAN
meetings;
(d) present the views of ASEAN and participate in
meetings with external parties in accordance with
approved policy guidelines and mandate given to
the Secretary-General; and
(e) recommend the appointment and termination of the
Deputy Secretaries-General to the ASEAN
Coordinating Council for approval.
3.
The Secretary-General shall also be the Chief
Administrative Officer of ASEAN.
4.
The Secretary-General shall be assisted by four Deputy
Secretaries-General with the rank and status of Deputy
Ministers. The Deputy Secretaries-General
shall
be
accountable to the Secretary-General in carrying out their
functions.
5.
The four Deputy Secretaries-General shall be of different
nationalities from the Secretary-General and shall come from
four different ASEAN Member States.
6.
The four Deputy Secretaries-General shall comprise:
(a) two Deputy Secretaries-General who will serve a
non-renewable term of three years, selected from
among nationals of the ASEAN Member States
based on alphabetical
rotation, with due
consideration
to
integrity,
qualifications,
competence, experience and gender equality; and
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(b) two Deputy Secretaries-General who will serve a
term of three years, which may be renewed for
another three years. These two Deputy Secretaries-
General shall be openly recruited based on merit.
7.
The ASEAN Secretariat shall comprise the Secretary-
General and such staff as may be required.
8.
The Secretary-General and the staff shall:
(a) uphold the highest standards of integrity, efficiency,
and competence in the performance of their duties;
(b) not seek or receive instructions from any
government or external party outside of ASEAN;
and
(c) refrain from any action which might reflect on their
position as ASEAN Secretariat officials responsible
only to ASEAN.
9.
Each ASEAN Member State undertakes to respect the
exclusively ASEAN character of the responsibilities of the
Secretary-General and the staff, and not to seek to influence
them in the discharge of their responsibilities.
ARTICLE 12
COMMITTEE OF PERMANENT REPRESENTATIVES
TO ASEAN
1.
Each ASEAN Member State shall appoint a Permanent
Representative to ASEAN with the rank of Ambassador based
in Jakarta.
2.
The Permanent Representatives collectively constitute a
Committee of Permanent Representatives, which shall:
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(a) support the work of the ASEAN Community
Councils and ASEAN Sectoral Ministerial Bodies;
(b) coordinate with ASEAN National Secretariats and
other ASEAN Sectoral Ministerial Bodies;
(c) liaise with the Secretary-General of ASEAN and the
ASEAN Secretariat on all subjects relevant to its
work;
(d) facilitate ASEAN cooperation with external partners;
and
(e) perform such other functions as may be determined
by the ASEAN Coordinating Council.
ARTICLE 13
ASEAN NATIONAL SECRETARIATS
Each ASEAN Member State shall establish an ASEAN National
Secretariat which shall:
(a) serve as the national focal point;
(b) be the repository of information on all ASEAN
matters at the national level;
(c) coordinate the implementation of ASEAN decisions
at the national level;
(d) coordinate and support the national preparations of
ASEAN meetings;
(e) promote ASEAN identity and awareness at the
national level; and
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(f)
contribute to ASEAN community building.
ARTICLE 14
ASEAN HUMAN RIGHTS BODY
1.
In conformity with the purposes and principles of the
ASEAN Charter relating to the promotion and protection of
human rights and fundamental freedoms, ASEAN shall
establish an ASEAN human rights body.
2.
This ASEAN human rights body shall operate in
accordance with the terms of reference to be determined by the
ASEAN Foreign Ministers Meeting.
ARTICLE 15
ASEAN FOUNDATION
1.
The ASEAN Foundation shall support the Secretary-
General of ASEAN and collaborate with the relevant ASEAN
bodies to support ASEAN community building by promoting
greater awareness of the ASEAN identity, people-to-people
interaction, and close collaboration among the business sector,
civil society, academia and other stakeholders in ASEAN.
2.
The ASEAN Foundation shall be accountable to the
Secretary-General of ASEAN, who shall submit its report to the
ASEAN Summit through the ASEAN Coordinating Council.
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CHAPTER V
ENTITIES ASSOCIATED WITH ASEAN
ARTICLE 16
ENTITIES ASSOCIATED WITH ASEAN
1.
ASEAN may engage with entities which support the
ASEAN Charter, in particular its purposes and principles. These
associated entities are listed in Annex 2.
2.
Rules of procedure and criteria for engagement shall be
prescribed by the Committee of Permanent Representatives
upon the recommendation of the Secretary-General of ASEAN.
3.
Annex 2 may be updated by the Secretary-General of
ASEAN upon the recommendation of the Committee of
Permanent Representatives without recourse to the provision
on Amendments under this Charter.
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CHAPTER VI
IMMUNITIES AND PRIVILEGES
ARTICLE 17
IMMUNITIES AND PRIVILEGES OF ASEAN
1.
ASEAN shall enjoy in the territories of the Member States
such immunities and privileges as are necessary for the
fulfilment of its purposes.
2.
The immunities and privileges shall be laid down in
separate agreements between ASEAN and the host Member
State.
ARTICLE 18
IMMUNITIES AND PRIVILEGES OF THE SECRETARY-
GENERAL OF ASEAN AND STAFF OF THE ASEAN
SECRETARIAT
1. The Secretary-General of ASEAN and staff of the ASEAN
Secretariat participating in official ASEAN activities or
representing ASEAN in the Member States shall enjoy such
immunities and privileges as are necessary for the independent
exercise of their functions.
2. The immunities and privileges under this Article shall be
laid down in a separate ASEAN agreement.
ARTICLE 19
IMMUNITIES AND PRIVILEGES OF THE PERMANENT
REPRESENTATIVES AND OFFICIALS ON ASEAN DUTIES
1. The Permanent Representatives of the Member States to
ASEAN and officials of the Member States participating in
official ASEAN activities or representing ASEAN in the Member
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States shall enjoy such immunities and privileges as are
necessary for the exercise of their functions.
2. The immunities and privileges of the Permanent
Representatives and officials on ASEAN duties shall be
governed by the 1961 Vienna Convention on Diplomatic
Relations or in accordance with the national law of the ASEAN
Member State concerned.
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CHAPTER VII
DECISION-MAKING
ARTICLE 20
CONSULTATION AND CONSENSUS
1.
As a basic principle, decision-making in ASEAN shall be
based on consultation and consensus.
2.
Where consensus cannot be achieved, the ASEAN
Summit may decide how a specific decision can be made.
3.
Nothing in paragraphs 1 and 2 of this Article shall affect
the modes of decision-making as contained in the relevant
ASEAN legal instruments.
4.
In the case of a serious breach of the Charter or non-
compliance, the matter shall be referred to the ASEAN Summit
for decision.
ARTICLE 21
IMPLEMENTATION AND PROCEDURE
1.
Each ASEAN Community Council shall prescribe its own
rules of procedure.
2.
In the implementation of economic commitments, a
formula for flexible participation, including the ASEAN Minus X
formula, may be applied where there is a consensus to do so.
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CHAPTER VIII
SETTLEMENT OF DISPUTES
ARTICLE 22
GENERAL PRINCIPLES
1.
Member States shall endeavour to resolve peacefully all
disputes in a timely manner through dialogue, consultation and
negotiation.
2.
ASEAN shall maintain and establish dispute settlement
mechanisms in all fields of ASEAN cooperation.
ARTICLE 23
GOOD OFFICES, CONCILIATION AND MEDIATION
1.
Member States which are parties to a dispute may at any
time agree to resort to good offices, conciliation or mediation in
order to resolve the dispute within an agreed time limit.
2.
Parties to the dispute may request the Chairman of
ASEAN or the Secretary-General of ASEAN, acting in an ex-
officio capacity, to provide good offices, conciliation or
mediation.
ARTICLE 24
DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC
INSTRUMENTS
1.
Disputes relating to specific ASEAN instruments shall be
settled through the mechanisms and procedures provided for in
such instruments.
2.
Disputes which do not concern the interpretation or
application of any ASEAN instrument shall be resolved
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peacefully in accordance with the Treaty of Amity and
Cooperation in Southeast Asia and its rules of procedure.
3.
Where not otherwise specifically provided, disputes which
concern the interpretation or application of ASEAN economic
agreements shall be settled in accordance with the ASEAN
Protocol on Enhanced Dispute Settlement Mechanism.
ARTICLE 25
ESTABLISHMENT OF DISPUTE SETTLEMENT
MECHANISMS
Where not otherwise specifically provided, appropriate dispute
settlement mechanisms, including arbitration, shall be
established for disputes which concern the interpretation or
application of this Charter and other ASEAN instruments.
ARTICLE 26
UNRESOLVED DISPUTES
When a dispute remains unresolved, after the application of the
preceding provisions of this Chapter, this dispute shall be
referred to the ASEAN Summit, for its decision.
ARTICLE 27
COMPLIANCE
1.
The Secretary-General of ASEAN, assisted by the
ASEAN Secretariat or any other designated ASEAN body,
shall
monitor
the
compliance
with
the
findings,
recommendations or decisions resulting from an ASEAN
dispute settlement mechanism, and submit a report to the
ASEAN Summit.
2.
Any Member State affected by non-compliance with the
findings, recommendations or decisions resulting from an
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ASEAN dispute settlement mechanism, may refer the matter to
the ASEAN Summit for a decision.
ARTICLE 28
UNITED NATIONS CHARTER PROVISIONS AND
OTHER RELEVANT INTERNATIONAL PROCEDURES
Unless otherwise provided for in this Charter, Member States
have the right of recourse to the modes of peaceful settlement
contained in Article 33(1) of the Charter of the United Nations or
any other international legal instruments to which the disputing
Member States are parties.
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CHAPTER IX
BUDGET AND FINANCE
ARTICLE 29
GENERAL PRINCIPLES
1.
ASEAN shall establish financial rules and procedures in
accordance with international standards.
2.
ASEAN shall observe sound financial management
policies and practices and budgetary discipline.
3.
Financial accounts shall be subject to internal and
external audits.
ARTICLE 30
OPERATIONAL BUDGET AND FINANCES
OF THE ASEAN SECRETARIAT
1.
The ASEAN Secretariat shall be provided with the
necessary financial resources to perform its functions
effectively.
2.
The operational budget of the ASEAN Secretariat shall be
met by ASEAN Member States through equal annual
contributions which shall be remitted in a timely manner.
3.
The Secretary-General shall prepare the annual
operational budget of the ASEAN Secretariat for approval by
the ASEAN Coordinating Council upon the recommendation of
the Committee of Permanent Representatives.
4.
The ASEAN Secretariat shall operate in accordance with
the financial rules and procedures determined by the ASEAN
Coordinating Council upon the recommendation of the
Committee of Permanent Representatives.
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CHAPTER X
ADMINISTRATION AND PROCEDURE
ARTICLE 31
CHAIRMAN OF ASEAN
1.
The Chairmanship of ASEAN shall rotate annually, based
on the alphabetical order of the English names of Member
States.
2.
ASEAN shall have, in a calendar year, a single
Chairmanship by which the Member State assuming the
Chairmanship shall chair:
(a) the ASEAN Summit and related summits;
(b) the ASEAN Coordinating Council;
(c) the three ASEAN Community Councils;
(d) where appropriate, the relevant ASEAN Sectoral
Ministerial Bodies and senior officials; and
(e) the Committee of Permanent Representatives.
ARTICLE 32
ROLE OF THE CHAIRMAN OF ASEAN
The Member State holding the Chairmanship of ASEAN shall:
(a) actively promote and enhance the interests and well-
being of ASEAN, including efforts to build an ASEAN
Community through policy initiatives, coordination,
consensus and cooperation;
(b) ensure the centrality of ASEAN;
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(c) ensure an effective and timely response to urgent
issues or crisis situations affecting ASEAN, including
providing its good offices and such other arrangements
to immediately address these concerns;
(d) represent ASEAN in strengthening and promoting
closer relations with external partners; and
(e) carry out such other tasks and functions as may be
mandated.
ARTICLE 33
DIPLOMATIC PROTOCOL AND PRACTICES
ASEAN and its Member States shall adhere to existing
diplomatic protocol and practices in the conduct of all activities
relating to ASEAN. Any changes shall be approved by the
ASEAN Coordinating Council upon the recommendation of the
Committee of Permanent Representatives.
ARTICLE 34
WORKING LANGUAGE OF ASEAN
The working language of ASEAN shall be English.
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CHAPTER XI
IDENTITY AND SYMBOLS
ARTICLE 35
ASEAN IDENTITY
ASEAN shall promote its common ASEAN identity and a sense
of belonging among its peoples in order to achieve its shared
destiny, goals and values.
ARTICLE 36
ASEAN MOTTO
The ASEAN motto shall be: “One Vision, One Identity, One
Community“
ARTICLE 37
ASEAN FLAG
The ASEAN flag shall be as shown in Annex 3.
ARTICLE 38
ASEAN EMBLEM
The ASEAN emblem shall be as shown in Annex 4.
ARTICLE 39
ASEAN DAY
The eighth of August shall be observed as ASEAN Day.
ARTICLE 40
ASEAN ANTHEM
ASEAN shall have an anthem.
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CHAPTER XII
EXTERNAL RELATIONS
ARTICLE 41
CONDUCT OF EXTERNAL RELATIONS
1.
ASEAN shall develop friendly relations and mutually
beneficial dialogue, cooperation and partnerships with countries
and sub-regional, regional and international organisations and
institutions.
2.
The external relations of ASEAN shall adhere to the
purposes and principles set forth in this Charter.
3.
ASEAN shall be the primary driving force in regional
arrangements that it initiates and maintain its centrality in
regional cooperation and community building.
4.
In the conduct of external relations of ASEAN, Member
States shall, on the basis of unity and solidarity, coordinate and
endeavour to develop common positions and pursue joint
actions.
5.
The strategic policy directions of ASEAN’s external
relations shall be set by the ASEAN Summit upon the
recommendation of the ASEAN Foreign Ministers Meeting.
6.
The ASEAN Foreign Ministers Meeting shall ensure
consistency and coherence in the conduct of ASEAN’s external
relations.
7.
ASEAN may conclude agreements with countries or sub-
regional, regional and international organisations and
institutions. The procedures for concluding such agreements
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shall be prescribed by the ASEAN Coordinating Council in
consultation with the ASEAN Community Councils.
ARTICLE 42
DIALOGUE COORDINATOR
1.
Member States, acting as Country Coordinators, shall
take turns to take overall responsibility in coordinating and
promoting the interests of ASEAN in its relations with the
relevant Dialogue Partners, regional and international
organisations and institutions.
2.
In relations with the external partners, the Country
Coordinators shall, inter alia:
(a) represent ASEAN and enhance relations on the
basis of mutual respect and equality, in conformity
with ASEAN’s principles;
(b) co-chair relevant meetings between ASEAN and
external partners; and
(c) be supported by the relevant ASEAN Committees in
Third Countries and International Organisations.
ARTICLE 43
ASEAN COMMITTEES IN THIRD COUNTRIES
AND INTERNATIONAL ORGANISATIONS
1.
ASEAN Committees in Third Countries may be
established in non-ASEAN countries comprising heads of
diplomatic missions of ASEAN Member States. Similar
Committees may be established relating to international
organisations. Such Committees shall promote ASEAN’s
interests and identity in the host countries and international
organisations.
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2.
The ASEAN Foreign Ministers Meeting shall determine
the rules of procedure of such Committees.
ARTICLE 44
STATUS OF EXTERNAL PARTIES
1.
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.
2.
External parties may be invited to ASEAN meetings or
cooperative activities without being conferred any formal status,
in accordance with the rules of procedure.
ARTICLE 45
RELATIONS WITH THE UNITED NATIONS SYSTEM AND
OTHER INTERNATIONAL ORGANISATIONS AND
INSTITUTIONS
1.
ASEAN may seek an appropriate status with the United
Nations system as well as with other sub-regional, regional,
international organisations and institutions.
2.
The ASEAN Coordinating Council shall decide on the
participation of ASEAN in other sub-regional, regional,
international organisations and institutions.
ARTICLE 46
ACCREDITATION OF NON-ASEAN MEMBER STATES TO
ASEAN
Non-ASEAN Member States and relevant inter-governmental
organisations may appoint and accredit Ambassadors to ASEAN.
The ASEAN Foreign Ministers Meeting shall decide on such
accreditation.
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CHAPTER XIII
GENERAL AND FINAL PROVISIONS
ARTICLE 47
SIGNATURE, RATIFICATION, DEPOSITORY AND ENTRY
INTO FORCE
1.
This Charter shall be signed by all ASEAN Member
States.
2.
This Charter shall be subject to ratification by all ASEAN
Member States in accordance with their respective internal
procedures.
3.
Instruments of ratification shall be deposited with the
Secretary-General of ASEAN who shall promptly notify all
Member States of each deposit.
4.
This Charter shall enter into force on the thirtieth day
following the date of deposit of the tenth instrument of
ratification with the Secretary-General of ASEAN.
ARTICLE 48
AMENDMENTS
1.
Any Member State may propose amendments to the
Charter.
2.
Proposed amendments to the Charter shall be submitted
by the ASEAN Coordinating Council by consensus to the
ASEAN Summit for its decision.
3.
Amendments to the Charter agreed to by consensus by
the ASEAN Summit shall be ratified by all Member States in
accordance with Article 47.
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4.
An amendment shall enter into force on the thirtieth day
following the date of deposit of the last instrument of ratification
with the Secretary-General of ASEAN.
ARTICLE 49
TERMS OF REFERENCE AND RULES OF PROCEDURE
Unless otherwise provided for in this Charter, the ASEAN
Coordinating Council shall determine the terms of reference
and rules of procedure and shall ensure their consistency.
ARTICLE 50
REVIEW
This Charter may be reviewed five years after its entry into
force or as otherwise determined by the ASEAN Summit.
ARTICLE 51
INTERPRETATION OF THE CHARTER
1.
Upon the request of any Member State, the interpretation
of the Charter shall be undertaken by the ASEAN Secretariat in
accordance with the rules of procedure determined by the
ASEAN Coordinating Council.
2.
Any dispute arising from the interpretation of the Charter
shall be settled in accordance with the relevant provisions in
Chapter VIII.
3.
Headings and titles used throughout the Charter shall
only be for the purpose of reference.
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ARTICLE 52
LEGAL CONTINUITY
1.
All treaties, conventions, agreements, concords,
declarations, protocols and other ASEAN instruments which
have been in effect before the entry into force of this Charter
shall continue to be valid.
2.
In case of inconsistency between the rights and
obligations of ASEAN Member States under such instruments
and this Charter, the Charter shall prevail.
ARTICLE 53
ORIGINAL TEXT
The signed original text of this Charter in English shall be
deposited with the Secretary-General of ASEAN, who shall
provide a certified copy to each Member State.
ARTICLE 54
REGISTRATION OF THE ASEAN CHARTER
This Charter shall be registered by the Secretary-General of
ASEAN with the Secretariat of the United Nations, pursuant to
Article 102, paragraph 1 of the Charter of the United Nations.
ARTICLE 55
ASEAN ASSETS
The assets and funds of the Organisation shall be vested in the
name of ASEAN.
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Done in Singapore on the Twentieth Day of November in the
Year Two Thousand and Seven, in a single original in the
English language.
For Brunei Darussalam:
HAJI HASSANAL BOLKIAH
Sultan of Brunei Darussalam
For the Kingdom of Cambodia:
SAMDECH HUN SEN
Prime Minister
37
For the Republic of Indonesia:
DR. SUSILO BAMBANG YUDHOYONO
President
For the Lao People’s Democratic Republic:
BOUASONE BOUPHAVANH
Prime Minister
For Malaysia:
DATO’ SERI ABDULLAH AHMAD BADAWI
Prime Minister
38
For the Union of Myanmar:
GENERAL THEIN SEIN
Prime Minister
For the Republic of the Philippines:
GLORIA MACAPAGAL-ARROYO
President
For the Republic of Singapore:
LEE HSIEN LOONG
Prime Minister
39
For the Kingdom of Thailand:
GENERAL SURAYUD CHULANONT (RET.)
Prime Minister
For the Socialist Republic of Viet Nam:
NGUYEN TAN DUNG
Prime Minister
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