The Institute of Southeast Asian Studies (ISEAS) was established as an autonomous organization in 1968. It is a regional centre dedicated to the study of socio-political, security and economic trends and developments in Southeast Asia and its wider geostrategic and economic environment. The Institute’s research programmes are the Regional Economic Studies (RES, including ASEAN and APEC), Regional Strategic and Political Studies (RSPS), and Regional Social and Cultural Studies (RSCS). ISEAS Publishing, an established academic press, has issued almost 2,000 books and journals. It is the largest scholarly publisher of research about Southeast Asia from within the region. ISEAS Publishing works with many other academic and trade publishers and distributors to disseminate important research and analyses from and about Southeast Asia to the rest of the world. 00 Rd2Ratification_Prelims 2 11/20/08, 11:03 AM First published in Singapore in 2009 by ISEAS Publishing Institute of Southeast Asian Studies 30 Heng Mui Keng Terrace Pasir Panjang Singapore 119614 E-mail: [email protected] Website: bookshop.iseas.edu.sg All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the Institute of Southeast Asian Studies. © 2009 Institute of Southeast Asian Studies, Singapore The responsibility for facts and opinions in this publication rests exclusively with the editor and contributors and their interpretations do not necessarily reflect the views or the policy of the publisher or its supporters. ISEAS Library Cataloguing-in-Publication Data The road to ratification and implementation of the ASEAN Charter / edited by Pavin Chachavalpongpun. Expert Roundtable Discussion on the “Road to Ratification and Implementation of ASEAN Charter” organized by the ASEAN Studies Centre, Institute of Southeast Asian Studies, Singapore and The Habibie Center, Indonesia, on 17 July 2008 in Jakarta. 1. ASEAN. 2 ASEAN Charter. 3 Regionalism—Southeast Asia—Law and legislation. I. Pavin Chachavalpongpun. II. Institute of Southeast Asian Studies. ASEAN Studies Centre. III.Habibie Center. IV. Expert Roundtable Discussion on the “Road to Ratification and Implementation of ASEAN Charter” (2008 : Jakarta, Indonesia) JZ5333.5 A9R62 2009 ISBN 978-981-230-897-6 (soft cover) ISBN 978-981-230-899-3 (PDF) Typeset by Superskill Graphics Pte Ltd Printed in Singapore by Seng Lee Press Pte Ltd 00 Rd2Ratification_Prelims 4 11/20/08, 11:03 AM CONTENTS Acknowledgements vii Contributors ix 1. Introduction 1 2. The ASEAN Charter: Towards its Ratification and Implementation 15 Ali Alatas 3. The ASEAN Charter 24 Rodolfo C. Severino 4. The ASEAN Charter: The Case for Ratification 32 Dewi Fortuna Anwar 5. The ASEAN Charter: Neither Bold Nor Visionary 44 Rizal Sukma 6. The ASEAN Charter and a More People-Centric ASEAN 60 Anak Agung Banyu Perwita 7. The Ratification of the ASEAN Charter: A View from a Parliamentarian 64 Djoko Susilo Postscript 67 List of Participants 69 00 Rd2Ratification_Prelims 5 11/20/08, 11:03 AM 00 Ethnicprelimsn.indd 10 9/30/08 9:21:52 AM ACKNOWLEDGEMENTS The book on the Expert Roundtable Discussion on the topic “The Road to Ratification and Implementation of the ASEAN Charter”, is the third report in the publication series of the ASEAN Studies Centre (ASC) of the Institute of Southeast Asian Studies (ISEAS). It is a compilation of papers presented at the Expert Roundtable Discussion on 17 July 2008 in Jakarta, Indonesia, with the main objective of helping shed light on the subject and contribute to the public debate on it. The ASEAN Charter, signed in November 2007, was designed to accelerate the community-building process, bringing together the ten members of ASEAN as one community. The ASEAN Studies Centre hopes that the Expert Roundtable Discussion will elicit some thinking on the ASEAN Charter and its future implementation. ASC would like to thank the Habibie Centre, Indonesia, for jointly organizing this discussion, for the excellent arrangements, and for coordinating with paper presenters and discussants. Special gratitude goes to Professor Dewi Furtuna Anwar, Deputy Chairman for Social Sciences and Humanities, Indonesian Institute of Sciences (LIPI) and Director for Programme and Research, the Habibie Centre, and Dr Ahmad Watik Pratiknya, Executive Director of the Habibie Centre, for their unfailing support for this round- table discussion. The ASEAN Studies Centre would also like to thank all paper presenters: Ali Alatas, former Indonesian Foreign Minister; Professor Dewi Fortuna Anwar; and Dr Rizal Sukma, Centre of Strategic and International Studies (CSIS), Jakarta, Indonesia. 00 Rd2Ratification_Prelims 7 11/20/08, 11:03 AM viii Acknowledgements Appreciation also goes to the two distinguished discussants: Professor Dr Banyu Perwita, Vice Rector of Parahyangan University, Bandung; and Djoko Susilo, member of Commission I of the Indonesian Parliament, for their invaluable thoughts on the ASEAN Charter. The ASEAN Studies Centre owes special thanks to members of the Habibie Centre: Wenny Pahlemy, Fuadi Rrasyid, Mirad Indiar Böhm, and others whose names are not listed here. The Expert Roundtable Discussion would have been impossible without support from them. 00 Rd2Ratification_Prelims 8 11/20/08, 11:03 AM CONTRIBUTORS 1. Ali Alatas isformer Foreign Minister of Indonesia. He was amember of the Eminent Persons Group appointed to draw up recommendations on the ASEAN Charter for the ASEAN leaders. He is currently advisor and special envoy of the President of the Republic of Indonesia (since January 2003). Address: Departemen Luar Negeri Gedung Utama Lt. 3 ruang 325 Jl. Pejambon No. 6 Jakarta 10110 Indonesia Tel: 7811195 / 252 1272 3506985 2. Rodolfo C. Severino is the first Head of ASEAN Studies Centre. AVisiting Senior Research Fellow at the Institute of Southeast Asian Studies since 2004, Severino served as ASEAN Secretary General in 1998–2002. A former Philippine career diplomat, he has served as Under-Secretary of Foreign Affairs and Ambassador to Malaysia. He has published a book entitled Southeast Asia in Search of an ASEAN Community (Institute of Southeast Asian Studies 2006). Address: ASEAN Studies Centre Institute of Southeast Asian Studies 30 Heng Mui Keng Terrace Pasir Panjang Singapore 119614 Tel: +65 6778 0955 Fax: +65 6775 6264 Email: [email protected] 00 Rd2Ratification_Prelims 9 11/20/08, 11:03 AM x Contributors 3. Dewi Fortuna Anwar is Director for Programme and Research at the Habibie Centre, Deputy Chairman for Social Sciences and Humanities of the Indonesian Institute of Science,and a member of the Board of Directors of the Center for Information and Development Studies. Dr Anwar held the positions of Assistant to the Vice President for Global Affairs and Assistant Minister/State Secretary for Foreign Affairs during the Habibie administration.She has worked as a Research Fellow at the Institute of Southeast Asian Studies in Singapore and as a Congressional Fellow at the U.S. Congress in Washington D.C. Address: The Habibie Centre Jl. Kemang Selatan No. 98 Jakarta 12560 Indonesia Tel: +62 61 781 7211 Fax: +62-21 781 7212 Email: [email protected] 4. Rizal Sukma is Deputy Executive Director of the Centre for Strategic and International Studies, Jakarta, Indonesia. He is also the Chairman of International Relations Division, Central Executive Board of Muhammadiyah (second largest Islamic organisation in Indonesia with approximately twenty-five million members); member of the board at Syafii Maarif Institute for Culture and Humanity; a Visiting Lecturer at the Department of International Relations at Muhammadiyah University, Malang; and a member of the National Committee on Strategic Defense Review, Ministry of Defence, Indonesia. 00 Rd2Ratification_Prelims 10 11/20/08, 11:03 AM