Villagracia, Caselyn M.

Report

Tariff 6 Mrs. Joan Doyo

ASSOCIATION OF SOUTHEAST ASIAN NATIONS

C. The ASEAN Charter
• Legal document that create an institutional framework for cooperation within the region and
towards the formation of the ASEAN Community

• Provides legal status and institutional framework for ASEAN. It also codifies ASEAN norms, rules
and values; sets clear targets for ASEAN; and presents accountability and compliance

• Establishes rules-based system and structures to conduct ASEAN affairs

• Signed by the Government of ten (10) AMS on November 20, 2017 and entered into forced on
December 15,2008

The Main declarations of the ASEAN Charter

• To maintain and enhance peace and security in the region, and to preserve Southeast Asia as a
nuclear weapon-free zone;

• To create a single market and production base, which is highly competitive and economically
integrated with free flow of goods, services and investment, with facilitated movement of
labour and free flow of capital;

• To strengthen democracy, enhance good governance and the rule of law, and to promote
human rights. The ASEAN shall establish a human rights body, with terms to be decided by
foreign ministers;

• To respect the independence, sovereignty, territorial integrity and national identity of all AMS;

• Renunciation of aggression and threat or use of force in any matter inconsistent with
international law, and reliance on peaceful settlements of disputes;

• Non-interference in the internal affairs of member states;

• To alleviate poverty and narrow the development gap within ASEAN;

• To promote sustainable development to protect the environment, natural resources and

cultural heritage;

• To develop human resources and well-being through co-operation on education, equitable

access to development opportunities, social welfare and justice; and

• To promote an ASEAN identity through awareness of culture

THE RIGHTS AND OBLIGATIONS OF AMS UNDER THE ASEAN CHARTER
• AMS have equal rights and obligations;

• Take all necessary measures, including the enactment of appropriate domestic legislation, to
effectively implement the provisions of the Charter and to comply with all obligations of
membership

• In the case of a serious breach of the Charter or noncompliance, refer the matter for
consultation under Article 20 ( Consultation and Consensus) of the Charter.

The procedures for application and admission of new Members

A. The Procedure for application and admission to ASEAN shall be prescribed by the ASEAN
Coordinating Council.

B. Admission shall be based on the following criteria;

* location in the recognized geographical region of Southeast Asia;

* recognition by all AMS;

* agreement to be bound and to abide by the Charter; and

* ability and willingness to carry out the obligations of Membership

C. Admission shall be decided by consensus by the ASEAN Summit, upon the recommendation of the
ASEAN Coordinating Council

D. An applicant State shall be admitted to ASEAN upon signing an Instrument of Accession to the
Charter

The general principles for the settlement of disputes

• Member States shall Endeavour to resolve peacefully all disputes in a timely manner through
dialogue, consolation and negotiation

• ASEAN shall maintain and establish dispute settlement mechanism in all fields of ASEAN
cooperation

WHAT WILL HAPPEN TO UNRESOLVED DIPUTES

When a dispute remains unresolved, after the application of the preceding provisions of this
Charter, this disputes shall be referred to the ASEAN Summit, for its decision

The ASEAN Summit and its functions

The organization holds meetings known as the “ASEAN Summit”, where Heads of State or
Government of each Member State meet to discuss and resolve regional issues, as well as meet with
other countries outside of the bloc with intention of promoting external relations. As the supreme
policy-making body of ASEAN, the ASEAN Summit undertakes the following functions;
 • Deliberate, provide policy guidance and take decisions on key issues pertaining to the realization
of the objectives of ASEAN, important matters of interest to AMS and all issues referred to it
under Chapters VII and VIII;

• 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;

• Address emergency situations affecting ASEAN by taking appropriate actions;

• Decide on matters referred to it under Chapters VII and VIII;

• Authorize the establishment and the dissolution of Sectoral Ministerial Bodies and other ASEAN
institutions; and

• Appoint the Secretary-General of ASEAN

ASEAN Summit Meetings are held twice annually, and hosted by the member State holding the ASEAN
Chairmanship; and convened, whenever necessary, as special of ad hoc meetings chaired by the
Member State holding the ASEAN Chairmanship, at venues to be agreed upon by AMS

THE BODIES COMPRISE THE ASEAN SUMMIT

a. ASEAN Coordinating Council- comprises the ASEAN Foreign Ministers and meets at least twice a
year. Supported by the relevant senior officials, the Council shall;

• Prepare the meetings of the ASEAN Summit;

• Coordinate the implementation of agreements and decisions of the ASEAN Summit;

• Coordinate the reports of the ASEAN Community Councils to the ASEAN Summit;

• Consider the annual report of the Secretary-General on the work of ASEA;

• Consider the report of the Secretary-General on the functions and operations of the ASEAN
Secretariat and other relevant bodies;

• Approve the appointment and termination of the Deputy Secretaries-General upon the
recommendation of the Secretary-General; and

• Undertake other tasks provided for in this Charter or such other functions as may be assigned by
the ASEAN Summit.

b. ASEAN Community Councils- comprise of the three (3) pillars of the ASEAN Community

I. ASEAN Political-Security Community Council

II. ASEAN Economic Community Council

III. ASEAN Socio- Cultural Community Council

In order to realize the objectives of each council, each ASEAN Community Council should
• Ensure the implementation of the relevant decisions of the ASEAN Summit

• Coordinate the work of the different sectors under its purview, and on issues which cut
across the other Community Councils; and

• Submit reports and recommendations to the ASEAN Summit on matters under its
purview.

Each ASEAN Community Council should have under its purview the relevant ASEAN Sectoral
Ministerial Bodies and meet at least twice a year to be chaired by the appropriate Minister from the
member state holding the ASEAN Chairmanship. Each Member State should designate its National
representation for each ASEAN Community Council meeting

c. ASEAN Sectoral Ministerial Bodies- implement the agreements and decisions of the ASEAN
Summit under their respective fields in support of ASEAN integration and community building; and
submit reports and recommendations to their respective Community Councils.

• 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 I. The Annex may be
updated by the Secretary-General of ASEAN upon the recommendation of the committee of
Permanent Representatives without recourse to provision on Amendments under this Charter.

Appoints the Secretary-General of ASEAN and what is his term of office

• The ASEAN Summit appoints 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

• He is appointed for non-renewable term of office of (5) five years, selected from among
nationals of the AMS based on alphabetical rotation, with due consideration to integrity,
capability and professional experience and gender equality.

• The Secretary-General mandate is to initiate, advise, coordinate and implement ASEAN activities
He is responsible to the Heads of Government Meeting and to all Meetings of ASEAN Ministers
when they are in session and to the chairman of the ASEAN Standing Committee on behalf of
the ASEAN Standing Committee Chairman, except the first and the last

The ASEAN Chairmanship determined

The Chairmanship of ASEAN shall rotate annually, based on the alphabetical order of the English names
of Member States. The member State holding the Chairmanship of ASEAN shall:

• 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;

• Ensure the centrality of ASEAN

 • 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;

• Represent ASEAN in strengthening and promoting closer relations with external partners; and

• Carry out such other tasks and functions as may be mandated

In a calendar year, ASEAN shall have a single Chairmanship by which the AMS assuming the
Chairmanship shall chair the following;
I. ASEAN Summit and related summits

II. ASEAN Coordinating Council

III. ASEAN Community Councils

IV. ASEAN Sectoral Ministerial Bodies and senior officials, where appropriate

V. Committee of Permanent Representatives

D. THE ASEAN COMMUNITY

ASEAN COMMUNITY
*At the 9th ASEAN Summit in October 2003, ASEAN Leaders resolved that an ASEAN Community shall be
established in 2020 and signed the Bali Concord II Declaration. The Establishment of the ASEAN
Community is the main goal of the ASEAN Vision 2020

• In January 2007 at the 12th ASEAN Summit in Cebu, the Leaders affirmed their strong
commitment to accelerate the establishment of the ASEAN Community by 2015 and signed the
Cebu Declaration

• Three (3) pillars of the ASEAN Community are

I. ASEAN Economic Community

II. ASEAN Political-Security Community

III. ASEAN Socio-Cultural Community

D.1 ASEAN Economic Community

ASEAN ECONOMIC COMMUNITY (AEC)
AEC is the end goal of economic integration as espoused in the Vision 2020, which is based on a
convergence of interest of ASEAN Member Countries to deepen and broaden economic integration
through existing and new initiatives with clear timelines

ASEAN Economic Community Blueprint

Adopted in 2007, the AEC Blueprint serves as a coherent master plan guiding the establishment of the
AEC. It identifies the characteristics and elements of the AEC with clear targets and implementation of
various measure as well as pre-agreed flexibilities to accommodate the interest of all AMSs.

AEC SCORECARD

It is a self-assessment mechanism established in 2008 used to measure the progress on the

implementation of AEC monitoring the achievement of milestones indicated AEC Blueprint.

THE KEY CHARACTERISTICS OF AEC 2015

• Single market and production;

• Highly competitive economic region;

• Region of equitable economic development; and

• Region fully integrated into the global economy

THE 5 (FIVE) CORE ELEMENTS OF ASEAN SINGLE MARKET AND PRODUCTION BASE
a. Free flow goods;

b. Free flow of services

c. Free flow of investments

d. Free flow of capital; and

e. Free flow of skilled labour

THE SIX (6) CORE ELEMENTS UNDER THE COMPETITIVE ECONOMIC REGION
a. Competition policy

b. Consumer protection

c. Intellectual property rights;

d. Infrastructure and development

e. Taxation; and

f. E-commerce

2 ELEMENTS UNDER ECONOMIC DEVELOPMENT

A. Small and medium enterprise development;

B. Initiates for ASEAN Integration, which move towards bridging the development divide both at
the small and medium enterprise level and enhance economic integration of Cambodia, Lao
PDR, Myanmar and Viet Nam (CLMV) to enable all Member States to move forward in a unified
manner and to enhance ASEAN’s competitiveness as a region as well for all to benefit from the
integration process.
2 APPROACHES TAKEN BY ASEAN IN INTEGRATING WITH GLOBAL ECONOMY
A. Coherent approach towards external economic relations through free trade agreements and
Closer Economic Partnership (CEP); and

B. Enhanced participation in global supply networks

D.2 ASEAN POLITICAL-SECURITY COMMUNITY

• The ASEAN Political-Security Community aimed to ensure that countries in the region live at
peace with one another and with the world in a just, democratic and harmonious environment

• The members of the Community pledge to rely exclusively on peaceful processes in the
settlement of intra-regional differences and regard their security as fundamentally linked to one
another and bound by geographic location, common vision and objectives

THE COMPONENTS OF THE ASEAN POLITICAL-SECURITY COMMUNITY

• Political development

• Shaping and sharing of norms;

• Conflict resolution

• Conflict resolution

• Post-conflict peace building; and

• Implementing mechanisms

3 KEY CHARACTERISTICS OF THE ASEAN POLTICAL-SECURITY COMMUNITY BLUEPRINT

At the 14th ASEAN Summit on March 1,2019 in Cha-am/Hua Hin, Thailand, the ASEAN Political-Security
Community Blueprint was adopted by the ASEAN Leaders with following Characteristics;

• Rules-based Community of shared values and norms;

• A cohesive, peaceful, stable and resilient region with shared responsibility for comprehensive
security; and

• Dynamic and outward-looking region in an increasingly integrated and interdependent world.

D.3 ASEAN SOCIO-CULTURAL COMMUNITY

The ASEAN Socio-Cultural Community
The ASEAN Socio-Cultural Community aims to contribute to realising an ASEAN Community that is
people-oriented and socially responsible with a view to achieving enduring solidarity and unity among
the peoples and Member States of ASEAN.

• Seeks to forge a common identity and build a caring and sharing society which is inclusive and
where the well-being, livelihood, and welfare of the peoples are enhanced.
 • Focused on nurturing the human, cultural and natural resources for sustained development in a
harmonious and people-oriented ASEAN.

THE ASEAN SOCIO-CULTURAL COMMUNITY BLUEPRINT

• It represents the human dimension of ASEAN cooperation and upholds ASEAN commitment to
address the region’s aspiration to lift the equality of life of its peoples.

• The goals of the ASEAN Socio—Cultural Community are envisaged to be achieved by

implementing concrete and productive actions that are people-centered and socially responsible

• The set of cooperative activities has been developed based on the assumption that the three
pillars of the ASEAN Community are interdependent and interrelated and that linkages are
imperative to ensure complimentarity and unity of purpose.

• Adopted by the ASEAN Leaders at the 14th ASEAN Summit on March 2009 in Cha-am/Hua Hin,
Thailand.

THE CHARACTERISTICS OF THE ASEAN SOCIO-CULTURAL COMMUNITY BLUEPRINT

*Human Development

*Social Welfare and Protection

*Social Justice and Rights;

*Environmental Sustainability

*Building the ASEAN Identity; and

* Narrowing the Development Gap.