With the entry into force of the ASEAN Charter on 15 December 2008, ASEAN will 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 to ratify the Charter due to the political turmoil and was ratified 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.
The member countries feel that ASEAN needs a Charter to move from a loosely organized regional body towards a more rules-based inter-governmental organization in order to better meet the challenges posed by community-building, regional integration, expansion of its external
linkages and rapid globalization, and in so doing, remain an effective player on the international stage.
In this context, the ASEAN Charter will put in place a new legal and
institutional framework for ASEAN to improve its implementation, coordination, and decision-making process. The Charter will also provide
ASEAN with a legal personality.
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 Secretary-General of ASEAN
- Other new initiatives and changes
Among the political commitments:
- 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”
- 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
- Sared commitment and collective responsibility in enhancing regional peace, security and prosperity
- Enhanced consultations on matters seriously affecting the common interest of ASEAN
Economically
- 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
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