3. ASEAN’s Democracy Agenda: Constraints
and Opportunities
Despite the normative nature of the measures listed in both the ASCPA and the
VAP, it is important to recognize that ASEAN has in principle committed itself to
becoming a democratic entity. As is mentioned above, the ASC clearly calls for ASEAN
to promote ‘a just, democratic and harmonious environment’ so that ‘countries in the
region live at peace with one another and with the world at large.’ In a more explicit
manner, the ASCPA even calls for ‘the strengthening of democratic institutions and
popular participation’ in political development. This commitment is also included in
the ASEAN Charter, signed by ASEAN leaders in December 2007 and ratified by
all member states in late 2008. The ASEAN Charter clearly obliges its members ‘to
strengthen democracy, enhance good governance and the rule of law, and to promote
and protect human rights and fundamental freedoms.’7
The problem, however, lies in the willingness and the ability of ASEAN to implement
this commitment. The extent to which ASEAN will be able to promote democracy in
the region is open to question. It was acknowledged by the Eminent Persons Group,
the group of prominent ASEAN citizens who provided inputs into the drafting of the
ASEAN Charter, that ‘ASEAN’s problem is not one of lack of vision, ideas, and action
plans. The real problem is one of ensuring compliance and effective implementation of
decisions.’8
ASEAN has also been criticized as ‘a hopeless powwow, meandering from
one headline meeting to another’ that ‘has a left a mile-long paper trail of declared
intents with little effective follow-up’ (Suryodiningrat 2004). If past practices are any
guide, there remains considerable doubt over the successful implementation of the
democracy agenda envisaged in the ASC and the ASEAN Charter. It is likely that the
implementation of a democracy agenda for ASEAN will be hampered by a number of
limitations.9
First, there is the tension between the objective of promoting democracy, on the one
hand, and the principle of non-interference, on the other. Democracy building as a
collective regional objective implies that all ASEAN member states should become
democracies. That would require peer pressure on non-democratic member states –
a requirement that contradicts ASEAN’s principle of strict non-interference in the
domestic affairs of a member state. For ASEAN, inter-state relations should be based
on the recognition of ‘the right of every state to lead its national existence free from
external interference, subversion or coercion and non-interference in the internal affairs
of one another.’10 If the democracy agenda is constrained
by the principle of non-interference, democracy can be
promoted within the national boundary of a member state
only if that state sees fit to democratize on its own initiative.
External pressure is deemed a breach of the principle of noninterference.
Second, ASEAN is still an inter-governmental association
rather than a regional organization. Unlike the EU, it lacks
a strong sense of regional community and a strong legal
personality. Its agreement and declarations are not legally
binding. The ASEAN Charter, which fails to address the problem of non-compliance
by member states, is not much help in this regard. ASEAN rejects the notion of a
supranational power that could impose compliance on member states, and it is clear
that ASEAN member states will shy away from such a notion for the foreseeable future.
In such circumstances, accepting democracy as an objective of ASEAN does not have
any legal consequence for member states.
Third, most ASEAN member states still treat democracy only as a norm, rather than a
concrete type of political system with distinct and fundamental characteristics that they
need to adopt. No member state, including Myanmar, has any objection to rhetorically
accepting democracy as a norm (Emmerson 2005: 180). This problem is aggravated by
the absence of a mechanism to enforce compliance within ASEAN. A member state can
easily agree on the need to make democracy an objective of ASEAN, but it cannot be
forced to achieve or practice it in reality.
Fourth, the political reality in contemporary South East Asia poses a problem for any
region-wide attempt to promote democracy. The language employed in the ASC, the ASCPA, the VAP and the ASEAN Charter clearly registers an expectation on and the
intent of ASEAN countries to become democracies. In reality, there is still ‘a faultline
between members who adopt a more open political system and a more closed one’
(Suryodiningrat 2004). ASEAN member states remain diverse in terms of their political
characteristics. Thailand and, to a lesser degree, the Philippines are still struggling
to consolidate democracy. Myanmar is under military rule. Malaysia and Singapore
continue to provide successful examples of soft-authoritarianism. Vietnam and Laos
are Leninist states. Cambodia, which continues to exercise one-man rule, is hardly a
democracy and Brunei Darussalam is a sultanate. Only Indonesia could be considered
a more stable democracy in the region.
Fifth, the tension between declared intentions and a lack of implementation has long
been a key characteristic of ASEAN. This was well-demonstrated in the case of the
military coup in Thailand in September 2006. The Chairperson’s Statement of the
12th ASEAN Summit in January 2007, for example, was silent on the coup. Nor did it
express any misgivings about the situation in Myanmar. The commitment that ‘ASEAN
Member countries shall not condone unconstitutional and undemocratic change of
government’ clearly enshrined in the ASEAN Concord II and the Kuala Lumpur
Declaration of 2005 was ignored. There is nothing constitutional or democratic about a
coup, but ASEAN had no intention of expressing collective displeasure over the events
in Thailand, let alone preventing them.
Sixth, the nature of democracy in the region, which is still weak and in the early stages
of consolidation, makes it difficult for more democratic ASEAN states to stand on
solid ground to serve as exemplars of democracy. Neither Indonesia nor the Philippines
can claim that they have become fully fledged democracies. Democracy in Indonesia
and the Philippines, the only remaining democracies in the region, is still fraught
with problems and defects. Indonesia and the Philippines have not yet acquired moral
credibility strong enough to call on others to adopt democracy. Some ASEAN states
have repeatedly criticized the messy situation in both countries since they embraced
democracy. For countries like Malaysia and Vietnam, democracy à la Indonesia and the
Philippines is not an attractive alternative to their existing political system.
Seventh, ASEAN member states differ with regard to their perceptions of the nature
of security threats. No ASEAN member state can take it for granted that its internal
security and stability have been assured. All ASEAN states continue to place most
importance on internal stability and security. They also strongly believe that internal
stability is a prerequisite for regional stability. Moreover,
ASEAN member states have reiterated their commitment
‘to ensure their stability and security from external
interference in any form or manner in order to preserve
their national interest in accordance with the ideals and
aspirations of their people.’11 In this context, proponents of
the democracy agenda would be faced with the argument
that domestic political change should be postponed in the
greater interests of stability