INDONESIA: Tempo-Apr 26
The time has come for a review of Association of Southeast Asian Nations (ASEAN) non-intervention principle as outlined in the ASEAN charter. The regional organization has a moral obligation to act while the quality of democracy in Southeast Asia is facing a decline. ASEAN countries cannot remain silent as they witness human rights violations so close to home.
The principle of non-intervention indeed stipulates that ASEAN member countries may not interfere with the internal affairs or problems of another member country, as specified in article 2, paragraph 1, points E and F of the ASEAN Charter, signed upon its establishment on 8 Aug 1967. The consensus has deprived ASEAN of sufficient authority for intervening in conflicts and human rights violations in its member countries.
Myanmar, for instance, has used the principle on several occasions as a legal basis for rejecting plans for ASEAN member countries to meet and discuss the Rohingya affair. The non-intervention principle was turned into a weapon to stop any attempts by ASEAN to exert pressure on Myanmar. As a result, thousands of ethnic Rohingya have lost their lives.
The same move has now been adopted by Cambodian Prime Minister Hun Sen. Despite his 33-year rule, he has no intention to withdraw from his throne. In November last year, Hun Sen dissolved the opposition party led by Sam Rainsy, seized parliamentary seats controlled by the party, exerted control over the media and banned hundreds of opposition activists from political activities leading up to Cambodia’s general election scheduled to take place at the end of July this year.
Vietnam is no less worrying. In early April, six pro-democracy activists were sentenced to seven to 15 years in prison on charges of treason when all they were guilty of were raising awareness for human rights and advocating for the environment.
Amid these injustices, their neighboring countries have remained tight-lipped. The ruling military junta in Thailand even went so far as repatriating Cambodian opposition leader Kem Sokha, who was taking refuge in the kingdom. Meanwhile, Singapore has turned a blind eye to the Rohingya refugee boats in droves. Likewise the governments of Indonesia, Malaysia and the Philippines.
It seems that these governments have forgotten that ASEAN was formed, among others, to promote peace and stability in the region. Certainly, this goal involves the duty to protect refugees who seek shelter in neighboring countries and not silence.
When ASEAN was founded half a century ago, the non-intervention principle perhaps had to do with political developments in its member countries. But today, the principle seems to run counter to the doctrine of the United Nations, namely the responsibility to protect, which emphasizes that a country may lose part of its sovereignty should it fail to protect its citizens from violence, war crimes, and crimes against humanity.
Besides, the non-intervention principle puts ASEAN at a disadvantage amid the regions dynamic geopolitics. The tension over the South China Sea, for example, can only be resolved through a united ASEAN, one that shares common interests.
Now, the time has arrived for ASEAN to be united by common values rather than a set of rules and consensus. This is where Indonesia’s leadership becomes important. We must play a part in ensuring that the human rights, democracy and legal supremacy are upheld by all ASEAN members. Otherwise, ASEAN may be rendered obsolete.
(First published in Tempo – https://en.tempo.co/read/news/2018/04/26/314917957/Time-for-ASEAN-to-Speak)
