VZCZCXRO0489
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHBK #3701/01 3540750
ZNR UUUUU ZZH
P 190750Z DEC 08
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 5448
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHBJ/AMEMBASSY BEIJING PRIORITY 6626
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 5408
RUEHUL/AMEMBASSY SEOUL PRIORITY 5155
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 2537
RUEHCHI/AMCONSUL CHIANG MAI PRIORITY 5991
RHEFDIA/DIA WASHDC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
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RUEKJCS/SECDEF WASHINGTON DC PRIORITY
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RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY

UNCLAS SECTION 01 OF 02 BANGKOK 003701 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, NSC FOR PHU 
 
E.O. 12958: N/A 
TAGS: PREL PGOV ASEAN TH
SUBJECT: "ASEAN CHARTER FOR ASEAN PEOPLE": GENUINE 
COMMITMENT OR PR GIMMICK? THAI CIVIL SOCIETY VIEWS 
 
BANGKOK 00003701  001.2 OF 002 
 
 
SUMMARY AND COMMENT 
-------------------- 
 
¶1. (U) Summary: A December 11 panel of academics and 
activists gathered at the Foreign Correspondents' Club 
Thailand (FCCT) to debate the validity of the ASEAN Charter's 
claim to be "an ASEAN Charter for ASEAN People."  Most 
panelists questioned the ability of the Charter's regional 
architecture to stay relevant in the region's complex 
political, economic, and security environment, particularly 
in light of the past lack of ASEAN political will in 
promoting and protecting human rights based on a policy of 
noninterference.  Some panelists argued that the Charter 
raised the bar on governance so high that no member would be 
able to fully comply, and that the Charter itself had the 
potential to destroy ASEAN.  Human rights abuses inside Burma 
and the lack of an ASEAN response also dominated the 
discussion, suggesting that Burma will continue to challenge 
ASEAN should member countries ignore the needs of the Burmese 
people.  Panelists also pointed to the lack of a meaningful 
ASEAN human rights mechanism as proof that ASEAN is intended 
to serve governments, and not people. 
 
¶2. (SBU) Comment: Coming at a time of political uncertainty 
which led to the postponement of the ASEAN summits and an 
interim government in Thailand, the panel demonstrated the 
continued vigorous discourse ongoing in Thai civil society. 
With democratization at the forefront of many Thais' minds, 
many believe with dismay that ASEAN members are likely to put 
government interests and regional stability ahead of human 
rights enforcement.  While Thais in the NGO community would 
welcome stronger moves by ASEAN to support democracy, and the 
incoming Democrat Party-led coalition has vowed to ensure 
that Thai foreign policy better reflects the fact that 
Thailand is a democracy, the jury remains out on how much the 
traditionally cautious RTG foreign policy may change.  End 
Summary and Comment. 
 
Non-Interference Threatens Viability of a People's Charter? 
------------------------------------ ---------------------- 
 
¶3. (U) Director of Chulalongkorn University's Institute of 
Security and International Studies Thitinan Pongsudhirak 
opened a December 11 FCCT panel discussion on the ASEAN 
Charter by labeling it as "the platform of ASEAN's future." 
He reminded the crowd that ASEAN is the only regional 
organization in Asia to survive 41 years, but noted that less 
than 30 percent of all ASEAN agreements have been 
implemented.  ASEAN became a legal entity on December 15 with 
the passing into force of the Charter, which sets benchmarks 
for democracy while reaffirming ASEAN's policy of 
non-interference in members' internal affairs and decision by 
consensus.  Thitinan questioned what would happen in the 
likely event that a member violated the Charter, noting that 
ASEAN has a policy of noninterference and that any human 
rights provision will test this long-standing policy. 
 
¶4. (U) Panelists also worried that the worldwide economic 
crisis would shift ASEAN members' attention away from pillar 
three, the "people-to-people" or socio-cultural element of 
ASEAN, to focus solely on pillars one (political) and two 
(economic).  Thitinan stressed his belief in the long-term 
staying power of ASEAN, but worried that benchmarks set by 
the Charter, and ASEAN's status as a legal entity, could 
create havoc for ASEAN should the majority of countries fall 
short of the Charter's goals.  The question remained of how 
ASEAN countries would react when a country violated the 
Charter. 
 
Burma: A Thorn in ASEAN's Side 
------------------------------ 
 
¶5. (U) Deputy Chairperson of the National Council of the 
Union of Burma (and panelist) Soe Aung said he felt 
"hopeless" about the ASEAN Charter's ability to serve the 
Burmese people -- in particular, given that ASEAN failed to 
reprimand the Burmese government following its reaction to 
 
BANGKOK 00003701  002.2 OF 002 
 
 
the Saffron Uprising and Cyclone Nargis.  Soe Aung noted that 
ASEAN even praised the Burmese military response to Cyclone 
Nargis, and that ASEAN members had failed to support the UN 
General Assembly Third Committee resolution on Burma. "By 
doing nothing," he said, "ASEAN is murdering its own 
charter."  Soe Aung stressed that ASEAN must prove it has the 
political will and self-respect to enforce the Charter's 
people-centered initiatives. 
 
Stability of Governments to Trump Human Rights? 
--------------------------------------------- -- 
 
¶6. (U) Human Rights Watch consultant (and panelist) Sunai 
Phasuk pointed out that ASEAN remained the world's only 
regional grouping that lacked a meaningful human rights 
mechanism.  He argued that the Human Rights Body under 
consideration currently was intentionally "decorative."  He 
claimed that the Terms of Reference (TOR) block ASEAN 
members' ability to counter human rights abuses by member 
countries, lamenting that the success of ASEAN and the 
Charter depend on governments' views rather than their 
effectiveness in meeting the needs of the people residing in 
ASEAN member countries.  To illustrate this point, Sunai 
opined that ASEAN members cared only about domestic political 
turmoil in Thailand once the airports closed and impacted 
Thailand's ability to host the ASEAN summit; ASEAN 
governments appeared apathetic about what type of government 
would be running Thailand and how it would impact Thais. 
 
¶7. (U) All panelists supported the continuation of ASEAN 
civil society and youth forums that could be relevant to the 
lives of ASEAN people.  A representative from the ASEAN Youth 
Network who recently attended a camp program focused on food 
and energy concerns alongside 50 other teenagers from the 
Mekong sub-region said that "the Charter has good intentions, 
but is not practical." 
JOHN