PHILIPPINE SENATE RATIFIES ASEAN CHARTER

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 002446 SIPDIS E.O. 12958: DECL: 10/28/2018 TAGS: PGOV PREL RP SUBJECT: PHILIPPINE SENATE RATIFIES ASEAN CHARTER REF: A. MANILA 654 ¶B. MANILA 282 Classified By: Ambassador Kristie A. Kenney, Reasons 1.4(b) and (d). ¶1. (C) SUMMARY: The Philippine Senate on October 7 ratified the new charter adopted by the Association of Southeast Asian Nations (ASEAN) at its 13th Summit in November 2007, bringing ASEAN one step closer to being a recognized legal entity. The Philippine government has consistently pressed Burma in human rights issues but ultimately concluded that being the "odd man out" risked their losing credibility with ASEAN. Foreign Secretary Romulo told Ambassador they would continue to work within ASEAN to push Burma human rights. The Philippine Senate voted 16 to 1 in favor of ratification. Only Thailand has yet to ratify the charter and is expected to do so in December. Background -------------- ¶2. (SBU) Under the administration of President Gloria Macapagal Arroyo, the Philippines has been one of the most proactive members of ASEAN in pressing for democratization in Burma (refs A and B). From the outset, Arroyo indicated that, absent the release of detained opposition leader Aung San Suu Kyi and other demonstrations of moderation, Philippine ratification of ASEAN's charter might be problematic. Speaking in January 2008 at World Economic Forum meetings in Davos, Switzerland, Arroyo said, "We must work together to make the tough choices to make ASEAN real and Aung San Suu Kyi free," later emphatically reasserting, "We must see political reform; we must see Aung San Suu Kyi released -- and now." President Arroyo also publicly denounced the Burmese junta's rejection of a UN proposal to monitor the planned constitutional referendum in May, bluntly characterizing the junta's rejection of the UN proposal as a "sad day for democracy and our region." Senate Minority Leader and frequent Arroyo critic Aquilino Pimentel also called publicly on the Burmese regime to release Aung San Suu Kyi and move toward democracy. Local media outlets strongly criticized the junta's response to the devastating typhoon that struck Burma May 2-3, calling it "ASEAN's Embarrassment," and observing that the people of Burma were reaping the bitter harvest of their totalitarian government's isolationism. Decision up to the Senate -------------- ¶3. (C) Notwithstanding the widespread Philippine criticism of the junta, some government officials acknowledged that, given its minimal trade and contact with Burma, the Philippines was less positioned to influence the regime than Malaysia, Singapore, and Thailand. During a June 12 Independence Day reception at Malacanang Palace, President Arroyo publicly called for the charter's ratification, saying, "As for the passage of the ASEAN Charter, we would love nothing more than to see ASEAN consolidate its gains closer together. However, we'll leave this up to the Philippine Senate." In a conversation with emboffs prior to the Senate's vote, influential opposition Senator Francis "Chiz" Escudero said that the issue of ratification of the ASEAN charter was "a wash," having garnered neither strong supporters nor opponents in the Senate. Alluding to President Arroyo's public statements questioning whether Philippine ratification would be difficult in the absence of moves toward democratization in Burma, Escudero added that Arroyo lacked the influence to affect the Senate vote. "Once the issue was submitted to the Senate, it was for us, not the President, to decide," he emphasized. Building a Region -------------- ¶4. (SBU) After an August public hearing on the charter, Senate Foreign Relations Committee Chairman and pro-administration Senator MIRIAM Defensor Santiago pressed for ratification, noting that it was the Philippines that first proposed an ASEAN charter in the 1970s and that she did not see any strong opposition to the charter in the Senate. Santiago said that signing the charter was meant to help encourage Burma to improve its human rights record. Ambassador Rosario Manalo, chairperson of the Philippine government's ASEAN charter task force that drafted the document, said the document "is not about Myanmar, but the building of a region." Charter a Product of Consensus -------------- MANILA 00002446 002 OF 002 ¶5. (SBU) After the Senate voted 16 to 1 in favor of ratification, Senator Santiago opined that the government wanted a "more perfect document," but that regional differences made it difficult to get a consensus. Her statement underscored a point made during the public hearing by Ambassador Manalo who said, "Consensus is the way of life in ASEAN. It is the earmark of the region." Senator Santiago continued her remarks by saying that human rights issues, such as the release of Aung San Suu Kyi, would be addressed by the charter's human rights body. Foreign Affairs Secretary Alberto Romulo told Ambassador October 10 that the vote reflected the government's desire to influence ASEAN on key issues from within the organization. Romulo stressed that being the "odd man out" on charter ratification would not have served Philippine interests when it came to pushing ASEAN on issues such as Burma's human rights abuses. A Lone Voice in the Senate -------------- ¶6. (SBU) The lone dissenting vote in the Senate was cast by Minority Leader Pimentel, who expressed the fear that "ASEAN is just closing its eyes to the atrocities of the ruling junta (in Burma) against its own people." He underscored that while the charter provides for the establishment of a human rights body, it also enshrines the principles of non-interference in the internal affairs of member states and respect for the right of every member state to lead its national existence free from external interference, subversion, and coercion. Senator Pimentel's assessment reflects the reality that an ASEAN human rights body may not be able to influence the Burmese junta to democratize or recognize the rights of its people. The Economic Factor -------------- ¶7. (SBU) During her post-vote remarks, Senator Santiago was quick to emphasize that the charter could hasten the economic integration of ASEAN members to balance the economic rise of China and India. The creation of a single ASEAN market and production base would, under the terms of the charter, permit the free flow of goods, services, and investment, making the region more competitive not only with China and India but also with the established economic powers like Japan and the Republic of Korea. Of particular importance to the Philippines is the charter's commitment to facilitating the movement of business persons, professionals, and labor. As a major exporter of skilled labor, the Philippines stands to benefit more than most ASEAN nations by the lowering of barriers to the movement of workers. An estimated ten percent of the Philippines' population is currently employed overseas, and this number is likely to grow once the ASEAN charter is fully implemented. COMMENT: Ratification a Balancing Act -------------- ¶8. (SBU) COMMENT: Given the Philippines' outstanding record speaking out against the Burmese junta, Senate ratification of the ASEAN charter could be seen as a step back in the struggle to reform the Burmese junta's atrocious record on human rights abuses. However, the inclusion of a human rights body in the charter will permit the member states to continue engaging Burma on that issue, and the Arroyo Administration seems intent on keeping up the pressure. Ambassador has regularly underscored the deep U.S. concerns on Burma in meetings with senior Philippine government officials and suggested to Secretary Romulo that President Arroyo could use the occasion of the final signing of the charter at the December ASEAN summit in Thailand to make a strong statement on the importance of respecting human rights and reform in Burma. The Philippines may also hope to gain additional political support from Indonesia and Malaysia in dealing with Muslim insurgents and transnational terrorists through the charter's principle of shared commitment and collective responsibility in enhancing regional peace, security, and prosperity. From the Philippine perspective, the Senate vote on the charter may have come down to weighing one major symbolic reason not to ratify -- Burmese human rights abuses -- against several practical economic and political reasons to ratify. In ratifying the charter, the Senate preserved at least a forum to address human rights violations in Burma, while helping the Philippines address some of its more urgent economic and political priorities. END COMMENT. KENNEY