Identifier
Created
Classification
Origin
08JAKARTA1893
2008-10-10 08:02:00
CONFIDENTIAL
Embassy Jakarta
Cable title:  

ASEAN -- INDONESIAN LEGISLATURE TAKES KEY STEP TO

Tags:  PREL PGOV ASEAN ID BM 
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C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001893 

SIPDIS

DEPT FOR EAP, EAP/MLS, EAP/MTS, EAP/RSP
NSC FOR E.PHU

E.O. 12958: DECL: 10/10/2018
TAGS: PREL PGOV ASEAN ID BM
SUBJECT: ASEAN -- INDONESIAN LEGISLATURE TAKES KEY STEP TO
RATIFY CHARTER, BUT WITH STRINGS ATTACHED

REF: JAKARTA 1443

Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001893

SIPDIS

DEPT FOR EAP, EAP/MLS, EAP/MTS, EAP/RSP
NSC FOR E.PHU

E.O. 12958: DECL: 10/10/2018
TAGS: PREL PGOV ASEAN ID BM
SUBJECT: ASEAN -- INDONESIAN LEGISLATURE TAKES KEY STEP TO
RATIFY CHARTER, BUT WITH STRINGS ATTACHED

REF: JAKARTA 1443

Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).


1. (C) SUMMARY: A key parliamentary committee has ratified
the ASEAN Charter after a long period of debate centered on
Burma and the regional human rights situation.
Legislators--in an unusual step fueled by frustration over
Burma--also issued non-binding human rights-related "policy
directives" to the government which were directly linked to
the ratification document. GOI officials do not expect much
progress on these objectives, but legislators have vowed to
keep the government's feet to the fire. The parliament as a
whole is expected to ratify the Charter soon. END SUMMARY.

KEY COMMITTEE RATIFIES CHARTER


2. (SBU) A key parliamentary committee voted on October 8 to
ratify the ASEAN Charter. The House of Representatives'
(DPR) Commission I, responsible for foreign and defense
affairs, gave the okay after months of sometimes contentious
debate. Foreign Minister Wirajuda hailed the move as an
important step in ASEAN's transformation toward a rules-based
organization. The full DPR must still approve the Charter
but this is little more than a formality. The legislature
almost invariably endorses the decisions of its committees.
The full DPR is expected to take this action soon.

STRINGS ARE ATTACHED


3. (SBU) In an unusual step fueled by exasperation over the
Burmese situation, legislators also called on the GOI to
pursue specific policies re ASEAN. The legislation endorsing
the charter contained non-binding "policy directives" that
call on the GOI to:

--Press for the establishment of an ASEAN human rights body
as quickly as possible;
--Urge ASEAN to develop mechanisms to punish member states
which do not comply with the Charter's provisions, including
possible suspension from the organization;
--Work to make key ASEAN decisions through a vote of member
states rather than consensus; and,
--Enact protections for Indonesian businesses as ASEAN
develops a single market.


4. (C) Many legislators felt that the Charter was too weak
on democracy and human rights. During public hearings over
the past few months, foreign policy analysts and NGO
activists had pointed to what they characterized as the
Charter's many problems in this area (reftel). Chief among
these was a failure to provide mechanisms to bring about
democratic reform in Burma. Commission I member Marzuki
Darusman told poloff that several key legislators were
dissatisfied with the Charter's lack of mechanisms to monitor
and enforce the document's provisions on democracy and human
rights.


5. (C) The Yudhoyono administration pressed hard for the
Charter's ratification. FM Wirajuda personally lobbied
lawmakers to urge them to endorse the document. Leaders of
Golkar--the largest party in the DPR and part of Yudhoyono's
ruling coalition--pressed party members to vote yes. Critics
of the Charter turned to the idea of issuing policy
directives when it became clear they could not block
ratification, according to Darusman.

A BOLD INITIATIVE BUT NON-BINDING


6. (C) The GOI regards the DPR's policy guidance as
advisory, according to Ade Padmo Sarwono, Deputy Director for
ASEAN Political Cooperation at the Department of Foreign
Affairs (DEPLU). Sarwono told poloff that DEPLU would

JAKARTA 00001893 002 OF 002


"attempt to carry out" the DPR's policy directives. He
noted, however, that achieving the DPR's objectives would
require the agreement of other ASEAN members and that
Indonesia could only appeal for this.


7. (C) Darusman acknowledged that the DPR had no legal
mechanism to force specific policies on the GOI. However, he
told poloff, Commission I would follow progress on this
matter closely. Legislators intend to hold regular hearings
to press GOI officials--including the foreign minister--to
deliver on the DPR's priorities. The DPR is capable of
making life difficult for the GOI on foreign policy issues,
as it has demonstrated in previous debates on Burma and the
proposed defense cooperation agreement with Singapore. If
the DPR makes an issue of Charter implementation, the GOI
would ignore the DPR's advice at its peril.


8. (C) The DPR's policy directives call for revolutionary
changes in ASEAN. The organization has always made decisions
on the basis of consensus. Voting on major ASEAN decisions
would overturn this key element of "the ASEAN way."
Similarly, ASEAN states have always resisted calls to suspend
or otherwise punish a fellow member. Sarwono told poloff
that DEPLU did not expect other ASEAN members to support
these dramatic changes in the way that the organization
functions.

HUME