ASEAN SUMMIT MAKES HEADWAY ON FLESHING OUT PROMISE

C O N F I D E N T I A L SECTION 01 OF 04 BANGKOK 000517

SIPDIS

DEPARTMENT FOR EAP/MLS AND EAP/RSP

E.O. 12958: DECL: 03/02/2019
TAGS: PREL PHUM ASEAN ECON EFIN TH
SUBJECT: ASEAN SUMMIT MAKES HEADWAY ON FLESHING OUT PROMISE
OF ASEAN CHARTER

REF: BANGKOK 505

BANGKOK 00000517 001.2 OF 004


Classified By: Charge d'Affaires, a.i. James F. Entwistle, reason: 1.4
(b, d).


1. (SBU) Summary: The delayed 14th annual Summit meeting of
ASEAN leaders took place February 27 - March 1 between the
seaside towns of Cha Am and Hua Hin. The primary focus was
promoting the promise the new ASEAN Charter holds for
creating a peoples-centered community by 2015 based on three
pillars: political-security; economic; and socio-cultural.
Preceded by separate meetings by ASEAN Finance Ministers,
Commerce Ministers, Defense Ministers, and Foreign Ministers,
the Summit provided ASEAN leaders' imprimatur for various
documents, including the terms of reference for a Human
Rights Body (complete list at paragraph 16). The Foreign
Ministers reportedly spent much of their dinner discussing
Burma (both Rohingya issue and in general) and the need for
Burma to do more. A meeting between ASEAN leaders and
members of civil society set a positive precedent, although
Burmese and Cambodian activists were excluded at the
insistence of their Prime Ministers. Septels will report on
the bilateral meetings of visiting U.S. Ambassador to ASEAN
Marciel.


2. (C) Comment: The very fact that ASEAN openly debated
issues like civil society engagement, the terms of reference
for the Human Rights Body mandated in the Charter, and the
need for Burma to do more is a welcome sign of progress, even
as the criticism from ASEAN voices impatient with the
progress to date has legitimacy. ASEAN generally moves at a
slow pace, and the agreements concluded at the Summit mark
incremental progress, with no dramatic surprises and no
immediate impact on political or economic developments. A
pleasant surprise was the endorsement of the Leaders-civil
society dialogue by the Vietnamese President, since Vietnam
will assume the ASEAN Chair in 2010. After suffering a blow
to its stature a few months ago, when protesters shut
Bangkok's international airports, Thailand was able to
prevent further embarrassing setbacks during the Summit, with
PM Abhisit drawing positive reviews for his performance. End
Summary and Comment.

PEOPLES-CENTERED ASEAN, HUMAN RIGHTS BODY
--------------


3. (SBU) Thais have taken pride in their country's chairing
ASEAN during the period in which the ASEAN Charter (a Charter
for the ASEAN Peoples) came into force on December 15, and
the unofficial theme of this summit was making ASEAN a more
people-centric organization. One of the Charter's
high-profile provisions (Article 14) called for the
establishment of an ASEAN human rights body. ASEAN Leaders
approved the terms of reference (TOR) for the body, agreeing
that it should be "inaugurated and operationalised by the
15th ASEAN Summit at the end of 2009."


4. (SBU) Discussion of the TOR by FMs was animated,
Philippine Foreign Secretary Romulo told EAP DAS/Ambassador
for ASEAN Affairs Scot Marciel. Some stressed the need for
an evolutionary approach; Romulo said that he replied that
the UN Universal Declaration of Human Rights had been signed
60 years ago. Many activists commentators have criticized
the TOR for merely promoting rather than also protecting
human rights (the Charter mandates both). In a March 2 video
conference with civil society activists in eight ASEAN
countries, ASEAN SecGen Surin defended the TOR, citing the
U.S. Declaration of Independence in asserting that every
country promulgated aspirational documents that took years to
fulfill in practice.

BURMA AND ROHINGYA: "ILLEGAL MIGRANTS IN THE INDIAN OCEAN"
-------------- --------------


5. (SBU) Romulo and Cambodia's Khao Kin Horn confirmed to
Ambassador Marciel that much of the February 27 FM's dinner
was taken up with Burma-related issues, both the Rohingya
issue, but also broader problems. Some FMs told the Burmese
that the new U.S. administration was reaching out to the

BANGKOK 00000517 002.2 OF 004


region, and that the Burmese needed to take some positive
steps. The Burmese FM reportedly insisted they were working
hard. After the FM dinner, Thai FM Kasit told the press that
the Burmese had agreed to take back migrants who could prove
they had come from Burma and were of Bengali (but not
Rohingyan) origin.


6. (SBU) The Chairman's Statement briefly discussed
conditions in Burma, noting that Burmese Prime Minister Thein
Sein briefed his counterparts "on recent political
developments and the progress made in the implementation of
the 7-step Roadmap to Democracy." ASEAN Leaders "encouraged
the Myanmar Government to facilitate the national
reconciliation process to be more inclusive so as to
strengthen national unity," and added: "the release of
political detainees and the inclusion of all political
parties in the political process leading to the general
elections in 2010 will contribute significantly to the
national reconciliation process." The Statement also
welcomed the Burmese "willingness to engage in active
cooperation... with the UN Secretary General's Special Envoy
as well as the UN Special Rapporteur on Human Rights in order
to address the international community's concern about the
situation in Myanmar."


7. (SBU) The Chairman's Statement also noted discussion of
Rohingya migrants, who were identified only as "illegal
migrants in the Indian Ocean." The Statement said the ASEAN
Secretary General should coordinate with the government of
Burma to compile relevant statistics but also noted "the
issue should be addressed in a larger context, such as the
contact group of affected countries and the Bali Ministerial
Conference on People Smuggling, Trafficking in Persons and
Related Transnational Crimes."

ECONOMIC MATTERS: NO PROTECTIONISM, CMI ENHANCED
-------------- --------------


8. (SBU) ASEAN leaders engaged in two and a half hours of
discussion of economic and financial matters March 1 and
issued a separate statement on the global economic crisis.
The Chairman's Statement said ASEAN leaders were "standing
firm against protectionism" and would "strengthen our
cooperation with the International Financial Institutions"
while also calling for "a bold and urgent reform of the
international financial system" -- a message that Prime
Minister Abhisit may repeat at the Group of 20 meetings in
April, but without specific recommendations. The separate
Press Statement on the Global Economic and Financial Crisis
welcomed the agreement of ASEAN Plus Three Finance Ministers
"to increase the size of the Chiang Mai Initiative
Multilateralisation (CIMM) from $80 billion $120 billion..."
The Chairman's Statement also expressed appreciation for the
British invitation for Thailand, as ASEAN Chair, to attend
the April G-20 Summit.


9. (SBU) The ASEAN leaders pledged to expand and open up
trade by reducing tariff and non-tariff barriers, proclaiming
the free trade agreement with Australia and New Zealand as a
significant achievement in these difficult economic times.
Note: The free trade agreement, nearly four years in the
making, will come into force later this year and will be
implemented incrementally until 2020. The agreement, which
includes sections on goods, services investment, and
intellectual property, is considered the most extensive that
ASEAN has negotiated. The full text is available at
http://www.dfat.gov.au/trade/fta/asean/aanzft a/contents.html.


10. (SBU) The Chairman's Statement also noted: the importance
of addressing climate change and developing alternative
energy sources; efforts to establish an ASEAN Plus Three
Emergency Rice Reserve; and the signing of the ASEAN
Petroleum Security Agreement.

CIVIL SOCIETY DIALOGUE PRECEDENT - BUT EXCLUSIONS
-------------- --------------


11. (SBU) Consistent with ASEAN's "people-centric" approach,
ASEAN leaders met on February 28 with civil society

BANGKOK 00000517 003.2 OF 004


representatives from six of the ten countries chosen by 700
delegates to the ASEAN FORUM (reftel). The surprise
highlight, according to Kavi Chongkittavorn, Thailand's
leading commentator on ASEAN issues, was the Vietnamese
President's positive attitude, calling for the interface to
be institutionalized. As 2010 ASEAN Chair, he will have the
chance to do just that. However, two activists chosen by the
ASEAN FORUM -- Khin Ohmar (from Burma) and Pen Somony (from
Cambodia) -- were excluded, after their governments objected.
Thai PM Abhisit and FM Kasit made a point of talking
separately with the two after the formal dialogue with the
ten leaders had concluded.


12. (C) According to various sources, the civil society
dialogue almost fell apart late February 27. Cambodian
leader Hun Sen was particularly emotional, ASEAN SecGen Surin
told EAP DAS Marciel, claiming that inviting such people
without consultation would create anarchy. According to
Thitinan Pongsudhirak, the Thai Moderator for the dialogue,
Hun Sen was furious that Pen Somony, selected by the ASEAN
FORUM gathering, had previously worked for rival Sam Rainsy;
Hun Sen demanded the civil society delegation include his own
selected representative who had not participated in the ASEAN
Forum. In the end, Abhisit and Kasit proposed a two tier
solution: eight civil society reps, minus Khin Ohmar and Pen
Somony, would meet the leaders, and Abhisit would meet the
excluded duo. The civil society representatives backed off a
threatened solidarity boycott and accepted the compromise,
allowing the session to proceed.

POLITICAL-SECURITY PILLAR, DISASTER RELIEF, CT
-------------- -


13. (SBU) ASEAN SecGen Surin highlighted the progress made on
the political-security pillar in his March 2 civil society
outbrief. In addition to the leaders' endorsement of the
blueprint, which the leaders formally agreed would constitute
one of several components of the "Roadmap for an ASEAN
Community (2009 - 2015)," the Defense Ministers meeting
February 25-17 had approved the use of military assets for
disaster relief. Combined with the upcoming exercise in May
in the Philippines, Surin noted, these steps showed that
ASEAN had finally started moving from the confidence building
measures launched by the ASEAN Regional Forum in the early
1990s toward the preventative diplomacy phase. The
Chairman's Statement also took note of training on disaster
management through the Asian Disaster Preparedness Centre and
the designation of the ASEAN Secretary General as ASEAN's
humanitarian assistance coordinator.


14. (SBU) While there was no mention of counter-terrorism in
the Chairman's Statement, CT was one element of the ASEAN
Political-Security Community Blueprint. Section B.4.2 of
this document called for states to "work toward entry into
force of the ASEAN Convention on Counter-Terrorism (ACCT) by
2009," the ratification of "the relevant international
instruments on counter terrorism," and "effective
implementation of the ASEAN Comprehensive Plan of Action on
Counter-Terrorism," among other efforts.

GAZA
--------------


15. (SBU) While the situation in Burma and the plight of the
Rohingya migrants merited one paragraph each in the
Chairman's Statement, the document had two paragraphs on the
situation in Gaza. The text related that "the welfare and
well being of the Palestinian people in the Gaza was of
paramount importance." It called for "the unimpeded access
of humanitarian assistance to the Palestinian people" and
"urged active participation by all countries concerned in an
International Conference on Gaza Reconstruction organized by
Egypt in Sharm El-Sheikh on 2 March." The ASEAN leaders
supported "a comprehensive peace based on the vision of a
region where two democratic States, Israel and Palestine,
live side by side in peace with secure and recognized
borders, as envisaged in UN Security Council resolution 1850
(2008) and the Arab Peace Initiative."


BANGKOK 00000517 004.2 OF 004


DOCUMENT LIST AND CHAIR STATEMENT
--------------


16. (U) According to media reporting, the sole document
signed by the ASEAN heads of government was the Cha-am Hua
Hin Declaration on the Road Map for an ASEAN Community (2009
- 2015). The Declaration is a concise document, with a very
brief operational section that principally established that
other documents pertaining to ASEAN matters would constitute
"the Roadmap for an ASEAN Community (2009 - 2015)," replacing
the Vientiane Action Programme. The Chairman's Statement
captures ASEAN views of issues of substance. Ministers from
the ASEAN governments also signed the ASEAN Petroleum
Security Agreement. Additionally, ASEAN leaders also adopted
or noted the following documents:

- ASEAN Political Security Community Blueprint
- ASEAN Socio-Cultural Community Blueprint
- Second Initiative for ASEAN Integration Work Plan
- Joint Declaration on the Attainment of the Millennium
Development Goals in ASEAN
- Statement on Food Security in the ASEAN Region
- Press Statement on the Global Economic and Financial Crisis
- ASEAN Secretary General's Annual Report
- Report on Progress of the Vientiane Action Programme
- Report Card on the Follow-up to the 13th ASEAN Summit and
Related Summits
- Report of the Executive Director of the ASEAN Foundation
- ASEAN Economic Community Scorecard
- Report on the ASEAN Economic Community Awareness Year 2008
- Report on the ASEAN Anthem Competition
- Action plan on counterterrorism (ratification of
international agreements)


17. (U) The Chairman's Statement addressed a wide range of
issues, including:

- The formation of an ASEAN human rights body before 2010;
- The desirability of Burma taking a more inclusive approach
to politics, including the release of political prisoners;
- Mechanisms for addressing concern over Rohingya migrants;
- ASEAN's response to the global economic crisis;
- Steps to reduce vulnerability to disasters;
- Conditions in Gaza; and
- The appointment of non-ASEAN Ambassadors to ASEAN.
ENTWISTLE