New Delhi (Mizzima) – The ten country bloc known as the Association of Southeast Asian Nations (ASEAN) on Monday of this week announced that its recently drafted charter has come into force.
However, immediately following the news, critics raised several questions as to the credibility of ASEAN and its charter toward easing the political and human rights crises ravaging military ruled Burma.
Nonetheless, Dr. Surin Pitsuwan, Secretary General of ASEAN, in the association's press release on Monday, expressed his optimism that the charter will strengthen and better formalize roles and relations within the ASEAN community.
"The ASEAN community that is being built will be more rules-based and more people-oriented," Dr. Surin Pitsuwan said.
In November 2007, ASEAN member countries, including Burma, ratified a charter containing commitments to the principles of good governance, the rule of law and the promotion of democracy and human rights.
With these principles in mind, some critics ironically said that the charter, in many respects, has not actually been finalized and accepted, even as ASEAN this week celebrates its ratification.
"There are still huge challenges facing ASEAN, and among them Burma is the greatest," said David Scott Mathieson, a Burma researcher for Human Right Watch.
ASEAN has traditionally adopted a non-interference policy regarding domestic problems of member states, while urging Burma to move towards democracy by holding free and fair elections by 2010 and to release all political prisoners, including Nobel Peace Laureate Aung San Suu Kyi.
However, ASEAN has often been ridiculed for apparently turning a blind eye to the Burmese regime's failure in complying with the principles now enshrined in the association's charter as well as the ongoing human rights abuses committed by the junta, including the arrest, intimidation and sentencing of political activists for pro-democracy demonstrations, according to Debbie Stothard, coordinator of ALTSEAN-Burma.
"It is clear that the strength of the charter has been seriously undermined by the Burmese regime, yet they (ASEAN) have kept quiet and done nothing," Stothard emphasized.
Stothard further stressed that from the time of adoption of the charter to its coming into force, Burma's generals have done nothing to address the political and human rights shortcomings inside the country, instead pressing people to support this May's referendum on the army backed constitution and arresting numerous political activists.
Last month alone, the Burmese regime handed down lengthy prison terms to over 200 political activists, including party members, students, human rights activists, Buddhist monks, lawyers, artists, journalists and poets. The sentences ranged from four months to up to 68 years incarceration.
Political prisoners were denied access to a fair trial, while some lawyers representing them also found themselves on the wrong side of the junta's laws for their actions and statements during the course of legal proceedings.
Moreover, many sentenced prisoners were subsequently shifted to camps in remote areas of Burma where medical care is poor or non-existent and food is insufficient.
Consequently, activists and critics accuse Burma's military regime of constantly violating and repressing the fundamental rights of the people, and thereby desecrating the spirit of the charter and the trustworthiness of ASEAN as a responsible international player.
"The military regime has reduced the credibility of the charter to toilet paper," Stothard proclaimed.
U Aye Thar Aung, a member of the Committee Representing People's Parliament, also has no expectation on the new charter being an effective tool in abetting to solve Burma's political crisis, as most ASEAN countries themselves are still immature regarding democratic principles and prone to committing human rights abuses.
"The charter is just a letter. If they don't follow the principles they set, it is useless," Aye Thar Aung said.
However, unlike Aye Thar Aung and Stothard, Mathieson maintains a positive view on the existence of an ASEAN charter and said the charter has the potential to become an effective weapon in the progression of rights inside Southeast Asia.
"I don't think we should dismiss the charter at all. If there is a will within government and civil society among ASEAN members, the charter can become something to build on in achieving basic human freedom and progress in member countries," Mathieson said.
Mathieson further called on ASEAN to label Burma as a priority agenda item for next February's summit.
He said, "The association has the obligation to make sure political reform in Burma is inclusive and respectful of international norms of law and order".
Meanwhile, Stothard said that if ASEAN really desires to stress the credibility of its charter, they should push Burma to follow the principles they promised and to either adhere to them or face direct action by the grouping.
"If Burma defies the principles of the charter, they [other ASEAN members] should use their voting power in the UN to demonstrate their objection to the junta's actions," she said.
