Academic Research-Challenges of Cambodia as Chair of Asean 2012

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The Challenges For Cambodia As The Chair Of ASEAN in 2012 1

Research PaperThe Challenges of Cambodia as the Chair of ASEAN in 2012

Written By: LONG KimKhorn

Pannasastra University of Cambodia

Research and Social Study

Instructed By: Dr. NOU Keosothea

March 9th, 2012


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CONTENTS

Title .. 1

Abstract 3

Introduction 4

Results and Discussion ... 13

Methodology 20

Conclusion 21

Acknowledgement 24

References 25


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ABSTRACTS

The Association of Southeast Asian Nations (ASEAN) was established in 1967. There

were two main objectives in formation this regional body. First, it was a means to promote

peace and stability in the region. Another cause for the formation was due to spreading

communism to Southeast Asian countries by Chinas foreign policy (The Long Road Ahead:

Its history and lands). Now within ASEAN one-community by 2015 and Vision 2020,

ASEAN was envisioning to live in peace, stability, prosperity, partnership, connectivity,

sustainable growth and mutual interest in eco-socio dynamic development and in a

community of caring societies. An enhanced ASEAN Connectivity will strengthen the

ASEAN motto ofOne Vision, One Identity, One Community to address ground situations,

policy alternatives, and funding mechanisms with high differentiated responsibility and

competency. The Master Plan on ASEAN Connectivity is to connect ASEAN through

dynamic physical infrastructure development, effective institutional arrangements and

empowered ASEAN citizens that demanding not only the new strategies and institutions

approaches, but also transnational investment in more efficiency and effectiveness (ASEAN

Secretariat, 2011). The rapid economic growth of its members, rich natural resources, regional

stability, and cheap labors were attracting the outsiders from over the world. Competition

with regions from Latin America and others in Asia will be greater, especially China and

India. However, coming out of the crisis, there are greater diversity and divisions among

ASEAN countries too, in politics as well as economics. Through these challenges, how can

ASEAN go forward? What should be the key strategies and concerns for the body? Some

economist suggested that ASEAN must set out to address the four Es concerns. The first

E is effectiveness, a second E is enlargement, a third E is the environment and

economic progress, the fourth E is engagement with the East Asia trio of China, Japan and

South Korea.


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INTRODUCTION

The Association of Southeast Asian Nations is a geo-political and economic organization of

ten countries located in Southeast Asia, which was formed on 8 August 1967 by Indonesia,

Malaysia, Philippines, Singapore and Thailand. Since then, membership has expanded to

include Brunei, Burma (Myanmar), Cambodia, Laos, and Vietnam. In 2005, the Heads of

State/Government of Member Countries gathered in Kuala Lumpur to reaffirm their

commitment to the aims and purposes of the Association as set forth in the Bangkok

Declaration of 8 August 1967 and then ASEAN chartered its a constitution for the

Association of Southeast Asian Nations

(ASEAN). Charter was adopted at the 13th ASEAN

Summit in November 2007 and ratified on 16 December 2008, in particular to promote

regional cooperation in Southeast Asia in the spirit of equality and partnership and thereby

contribute towards peace, progress and prosperity in the region. Regions rich diversity has

provided the strength and inspiration to us to help one another foster a strong sense of

community. ASEAN are now a market of approximately 600 million people, which is 8.8% of

the world's population, covers a land area of 4.46 million km, which is 3% of the total land

area of Earth. In 2010, its combined nominal GDP had grown to US$1.8 trillion. It has

achieved considerable results in the economic field, such as high economic growth, stability

and significant poverty alleviation over the past few years. Members have enjoyed substantial

trade and investment. If ASEAN were one community by 2015, it would rank as the ninth

largest economy in the world (ASEAN Secretariat, 2010). Now, as ASEAN was walking on

the 21st century, forty years after the birth. ASEAN gathered to chart a vision for the body on

the basis of today's realities and prospects in the decades leading to the Year 2020. That

vision is of ASEAN as a concert of Southeast Asian nations, outward looking, living in peace,

stability and prosperity, bonded together in partnership in dynamic development and in a

community of caring societies. Even though economic interests tied Member States of
http://en.wikipedia.org/wiki/Association_of_Southeast_Asian_Nationshttp://en.wikipedia.org/wiki/Association_of_Southeast_Asian_Nationshttp://en.wikipedia.org/wiki/Association_of_Southeast_Asian_Nations


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ASEAN and keep the region long-live with each other for more than 40 years. But In order to

keep region stable for the next 40 years, some economists suggest and expect the ASEAN

region to develop a middle class of 300 million people, increasing its economic growth rate

and opportunity with doubling consumer demand (Financial Times, 2011). The stock

exchanges market in Malaysia, Singapore, Thailand, and the Philippines are creating a

transnational trading platform for implementation in 2011, allowing capital to flow freely

between Member States (Reuters). Intra-ASEAN deals set a record of $53.7 billion in 2010

(Financial Times, 2011). As for China tieRecognizing the economic potential of the region,

Chinas seeking to complete a high-speed railway through Thailand, Malaysia and Singapore

to further develop CAFTA, the China-ASEAN Free Trade Area (Guangxi Regional

Government, 2011). China was strengthening to increase exports by nearly 45% in 2010; an

ongoing global economic recovery would also bolster exports scale with top trading partners

such as the U.S. and European Union (China Daily, 2011).

But the question - Do these economic relations is enough to keep region in peace, prosperity

and can ASEAN gets away from conflict in home countries, regions and the globe in term of

mutual economic interests challengesstill discussing among economists, political scientists

and Member States leaders. Furthermore, if they look at the purposes of ASEAN, It sti ll so

many tasks to tackle, those are: (1) To maintain and enhance peace, security and stability; (2)

To enhance regional resilience by promoting greater political, security, economic, and socio-

cultural corporation; (3) To preserve Southeast Asia as nuclear weapon free zone and free of

all other weapons of mass destruction; (4) To ensure that the people and Member States of

ASEAN live in peace with the world at large; (5) To create a single market and production

base which is stable, prosperous, highly competitive and economically integrated,

professionals, talents and labour; and free flow of capital; (6) To alleviate poverty and narrow


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development gap within ASEAN through mutual assistance and cooperation; (7) To

strengthen democracy, enhance good governance and the rule of law, and to promote and

protect human rights and fundamental freedoms; (8) To respond effectively, in accordance

with the principle of comprehensive security, to all forms of threats, transnational crimes and

trans-boundary challenges; (9) To promote sustainable development so as to ensure the

protection of the regions environment, the sustainability of its natural resources, the

preservation of its cultural heritage and the high quality of life of its peoples; (10) To develop

human resources through closer cooperation in education and life-long learning and in science

and technology; (11) To enhance the well-being and livelihood of peoples of ASEAN by

providing them with equitable access to opportunity for human development, social welfare

and justice; (12) To strengthen cooperation in building a safe, secure and drug-free

environment for the peoples of ASEAN; (13) To promote a people-oriented ASEAN in which

all sectors of society are encouraged to participate in, and benefit from; (14) To promote an

ASEAN identity through the fostering of greater awareness of the diverse culture and heritage

of the region; and (15) To maintain the centrality and proactive role of ASEAN with its

external partners in a regional architecture that is open, transparent and inclusive (ASEAN

Charter, 2007).

Territorial claims in the South China Sea are one of the most longstanding security issues in

South East Asia. Former ASEAN Secretary-General Rodolfo C. Severino, in 2010, reviews

the claims of ASEAN members in the area, and details ASEAN's involvement in the dispute

since the 1992 ASEAN Declaration on the South China Sea. China fears the expanse of water

being used to threaten or attack it from the southeast, as it has been in the past. At the same

time, some accuse Beijing of seeking dominion over the South China Sea in order to control

over Southeast Asia. Vietnam needs its footholds in the South China Sea to avoid being


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practically surrounded by Chinese power, with which it was in conflict for many centuries.

The Philippines feels compelled to extend its zone of jurisdiction and responsibility

westwards, having been invaded by the Japanese from that direction at the start of the Pacific

War. Brunei Darussalam has to ensure for itself the resources in its claimed exclusive

economic zone and continental shelf, which overlap with other claims including China.

Border clashes between Thailand and Cambodia that led to dozens of casualties and displaced

thousands civilians have hit ASEAN to finally turn its rhetoric Charter on peace and security

into action. Cambodia listed successfully the Preah Vihear temple as a UNESCO World

Heritage Site following turmoil in Thai politics after the 2006 coup that overthrew Premier

Thaksin Shinawatra. Thai People Alliance for Democracy (PAD) used this issue to arise

nationalism against Cambodia as they tried to topple the Thaksin-ruled government. The

emotionally charged campaigns halted border demarcation and sparked a bilateral conflict. In

early 2011, the dispute moved into the most violent clashes. The questions came up on

ASEAN on how to bring peace back to the border and in the region. Some engagements

proceeded further but have no green light. More diplomacy and leadership are still demanded

(International Crisis Group, 2011).

On July 21, 2008, Myanmar ratified the Charter of the ASEAN, raising controversy among

Member Nations because of its poor human rights record and its continued detention of

opposition leader Aung San Suu Kyi. The forty-one year history Charter enumerates ASEAN

purposes, principles and establishes formal rights and expectations of ASEAN members.

Regarding to certain provisions in the Charter, including the establishment of an ASEAN

human rights body, are in direct conflict with the ongoing human rights violations committed

by Myanmars ruling military junta. After a tensely controversial talk, Member Countries


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agreed to create the human rights body, known as the Asian Intergovernmental Commission

on Human Rights (AICHR), in July 2009. However, no one is sure what effect, if any, the

AICHR will have upon the tensions in Myanmar (John, 2009).

The ongoing global financial crisis was drove by the US subprime crisis in the summer of

2007 and then liquidity and confidence crisis that has stormed out a global scale and explored

in September and October 2008. The market and regulatory failures believed the causes of

crisis. Recent moves, however, are concerning about the resilience of Asian financial and

economic conditions and is likely more severe than had been estimated. Depending on the

recent updated forecast by the International Monetary Fund (IMF) released in early October,

economic growth in developed countries will be slide to zero until at least the middle of 2009,

while developing countries will slow to substantially lower rates than in the recent past. In

China, figures for the third quarter revealed annually growth rate at 9%, under record of

11.9% in 2007. Indias growth is also expected to decrease from 9.3% in 2007 to 6.9% in

2009. Similarly, ASEAN countries will move down from 6.5% in 2007 to below 5.0% in

2009. Indeed, the world economic recession will dominate financially the globe. The global

economy is estimated to stay at 1.7 per cent in 2009 by World Bank, the first decline on

record in world output (World Bank, 2009).

The two-giant China and India was threatening the region even ASEAN investments

increased due to one-economic community by2015. ASEANs attractiveness as an investment

destination has been overshadowed in recent times by the attraction of other globalizing

countries (Soesastro 2005; Kesavapany and Sen 2004; Lim and Walls 2004; Rajan 2004; Low

2004; Austria 2004; Schwarz and Villinger 2004; Hew 2003a and 2003b; Hew and Soesastro

2003). In particular, the economic rise of China has concentrated the minds of ASEAN


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policymakers. India, which has had a slower and less dramatic emergence than China, has

begun to exert a similar effect (Sally and Sen 2005). While other economic factors are in play,

this increased competition for global funds is arguably the major economic impetus for the

Economic Community. Chinas exports compete with a substantial portion of ASEANs

exports, although the extent of competition differs between ASEAN countries (Economic

Analytical Unit 2003; Rajan and Srivastava 2004; Austria 2004). And India could follow

China in an aggressive strategy to attract export-oriented FDI to its labour-intensive

manufacturing sector in the near future (Sally and Sen 2005). ASEAN used to attract more

FDI than China but China has been the recipient of much higher levels of FDI in the past

decade than ASEAN. China has abundant capital, high levels of research and development

and skilled, semiskilled and unskilled labour. It produces goods across a range of factor

intensities. For example, Singapore faces competition from China in half of its net exports by

value (Economic Analytical Unit 2003). Indias manufacturing exports are currently more

complementary than competitive with those of Singapore, Malaysia, Thailand, Indonesia and

the Philippines, but this could change. Unlike China, India has not yet become a part of the

international division of labour involving the export of electronic parts and components, but it

is emerging as an export hub for certain manufacturing products, particularly auto parts and

components (Rajan and Srivastava 2004). Chinas investment into ASEAN has increased

rapidly in the past five years (albeit from a small base) and this could increase further with the

creation of an ASEAN Economic Community. Today and tomorrow, the challenge for

ASEAN is to maintain the dramatic rise of China and India to stay on its track to balance in

East Asia for their 600 million peoples living.

Disparate development gap of its members became the questions while the region was

integrating its economies. At one end of the advanced economy of Singapore is stand at


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income of US$24, 220 per capita in 2004, while at the other end Laos, Burma and Cambodia

are among the United Nations least developed countries (LDCs). New less-developed

members give a larger incentive to integrate but also make the process more difficult. Given

that ASEAN is taking a largely sectorial approach to integration, that it has already achieved

some level of integration in various areas, and that its plans are not exhaustive, it is expected

that deeper integration will happen in some sectors before others and that some elements of an

Economic Community will realized before others. Such elements might include a zero-tariff

trade area, harmonization of customs procedures and minimization of customs requirements,

harmonization of standards consistent with international standards, and possibly the

unrestricted movement of some forms of skilled labour. And given the challenges ASEAN

faces, it is also possible that integration will happen faster between some ASEAN countries

than others (Gita, 2006).

Energy is crucial to the transformation of ASEAN into a stable, secure, prosperous, rules-

based, competitive, resilient and integrated economic community by 2015. ASEAN is one of

the fastest growing economic regions in the world and has a fast growing energy demand

triggered by economic and population boom. ASEANs primary energy demand (Reference

Scenario) is planned to triple between 2005 and 2030. Energy demand reaches 1,252 Million

Tons of Oil Equivalent (MTOE) in 2030 from 474 MTOE in 2005, an increase by an average

annual growth rate of 4% (ACE and IEEJ 2nd ASEAN Energy Outlook, 2009). This is higher

than the worlds average growth rate of 1.8% in primary energy consumption through 2030

(IEA World Energy Outlook, 2009). Meeting the regions energy needs with unprecedented

increases in coal use, oil and gas imports, and GHG emissions will thus prove to be a

challenge. In ASEAN, fossil fuels remains the major source of energy, with a share of 84.4%

in 2030 and the remainder is accounted for by geothermal, hydro, and other sources. Oil


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remains the major energy source with a share in total primary energy supply of 40.9% in 2005

to 41.5% in 2030 driven by the rapid growth in consumption in the transport sector, which is

largely fuelled by oil products. Coal grows the fastest at 6.9% yearly due to rapid increase in

electricity consumption, pushing its share from 11.8% in 2005 to 23.7% in 2030. Natural gas

grows at a slower average rate of 4% yearly, registering a share of 19.2% in 2005 and 2030.

ASEAN consume other fuels, which are mostly traditional biomass, increases at snail pace

of 0.2%, decreasing its share from 24.1% in 2005 to only 9.6% in 2030. Electricity use grows

more than four times from 38 MTOE in 2005 to 164 MTOE in 2030. Its share increases from

11% to 18.2% during the outlook period (ACE and IEEJ 2nd ASEAN Energy Outlook, 2009).

Due to seeing the consequences of the previous challenges of ASEAN, Member States

leaders at the ASEAN Summit in Kuala Lumpur December 2005, it has been agreed to reform

ASEAN Charter for able to face future new challenges. For that need, an Eminent Persons

Group (EPG) has been created. ASEAN ISIS (Institutes for Strategic and International

Studies) has suggested a Memorandum to the EPG last April for the third time meeting in

Bali. If the ASEAN is now confronting, and will face in the future, the greatest challenges of

its 40 years of existence. For that aim a charter reviewed by its leaders at the summit in Kuala

Lumpur is a critical move. First, the leaders had to know each other to be able to cooperate.

The charter should also make ASEAN more people-oriented and move away from being state-

centric as the past. The charter would not only provide ASEAN with a legal body, but it

should define goals, objectives, rights, obligations, working procedures, principles, dispute

settlement mechanism and institutional framework to get them where forward looking,

shared prosperity, wellbeing, freedom, democracy, rule of laws, peace, stability, sovereignty

respect, cooperation and human security principles be respected for the ASEAN peoples and a

community of caring societies. The system now, whereby every member pays the same


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amount, is no longer realistic. In the Chairs statement in 19th ASEAN summit in Bali,

Indonesia, Cambodia as the Chair of ASEAN in 2012 noted, agreed and adopted significant

output documents under the three pillars of ASEAN Community as follows: (1) ASEAN

Framework for Equitable Economic Development, Guiding Principles for Inclusive and

Sustainable Growth; (2) ASEAN Framework for Regional Comprehensive Economic

Partnership; (3) ASEAN Declaration of Commitment, Getting to Zero New HIV Infections,

Zero Discrimination, Zero AIDS-Related Deaths; (4) Bali Declaration on the Enhancement of

the Role and Participation of Persons with Disabilities; (5) ASEAN Leaders Statement on

Climate Change to the 17th Session of the Conference of the Parties to the United Nations

Framework Convention on Climate Change (COP-17 UNFCCC) and the 7th Session of the

Conference of Parties serving as the Meeting of Parties to the Kyoto Protocol (CMP7 Kyoto

Protocol); (6) Report on the Progress of the List Annual Targets for 2011; (7) Term of

Reference of the ASEAN Ministerial Meeting on Women (AMMW). After 18th ASEAN

Summit on 7-8 May 2011 in Jakarta, the end, the Leaders vowed to develop an ASEAN

general platform on global issues to be subsequently attained by 2022 and reinforced their

commitment by issuing a Joint Statement on the ASEAN Community in a Global Community

of Nations to reshape the global development. A new approach to increase the budget

adequately should be considered. And now all eyes have looked to the Eminent Person

Group, the best sons of ASEAN, which was created by ASEAN Leaders. They should first

come up with proposals that will regain the hope and confidence of ASEAN's population as a

whole; so that ASEAN can fully understand the challenges and can come up with common

ideas that will make ASEAN relevant for the next 40 years (Jusuf, 2006). And the question is

how Cambodia, as Chair of ASEAN in 2012, handles these challenges.


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RESULTS AND DISCUSSION

It was a big surprise to the international community when the ASEAN Charter envision the

new ASEAN Community goal is to strengthen democracy, enhance good governance, the

rule of law, promote and protect human rights and fundamental freedoms regarding to the

right and responsibilities of the Member States of ASEAN towards institutionalization and

legalization of the body. For a long time ago, Declarations on democratic values and human

rights used to be the challenging issues without consensus among the Member States. There

was rising the questions about the new direction of ASEAN development: Does the Charter

can succeed internal fractions and become a more responsive organization? Will human rights

abuses addressed in the region? While talking about diverse human rights agenda, it is

inevitable to rise about Asian values, norms and standards to create a regime and a

community. The origin of the establishment of ASEAN human rights body was far from

reality while two-tier tendency coming up together with human rights issues, creating

controversy within the ten members. The Philippines, Indonesia, Malaysia and Thailand have

been eager to push the agenda whereas the other members, including Myanmar in the

forefront, have been on the opposite extreme. There were conflicts among authors regarding

to international regimes definitions with its interpretation. There is nothing approaching

consensus on the role of regimes in international society said Oran Young. Susan Strange put

it that way is yet one woollier concept because people mean different things when

they use it. Can ASEAN Intergovernmental Commission on Human Rights give a new

direction to promote human rights, democratic values, to build new architecture of ASEAN

Community and to create synergy for more effective cooperation? It is unreasonable to hope

that the AICHR will overnight fix the situation of military junta-controlled Myanmar, or lift

up the standard of HR in non-democratic countries such as Vietnam, Laos and Cambodia, or


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even Singapore. The Charter also cannot break the non-interference principle neither interfere

the sovereignty of single nations to practice their political systems.

According to World Report 2012 release by Human Rights Watch in 2012, Twenty years after

the signing of the Paris Peace Agreements in 1991, Cambodias human rights record remains

poor. The government of the ruling Cambodian Peoples Party (CPP) continues to use the

judiciary, penal code, and threats of arrest or legal action to restrict free speech, jail

government critics, disperse peaceful protests by workers and farmers, and silence opposition

party members. In 2011 it threatened one of the key accomplishments of the Paris Peace

Agreementsthe spectacular growth of NGOs, community-based civic groups, informal

associations, and grassroots networksby suggesting a law, given wide authority able to shut

down associations and NGOs. Police and the military police always use torture to extract

confessions that are used to obtain convictions. Cambodias prisons continue to be

overcrowded and lack sufficient food, water, sanitation, and healthcare. A survey by Licadho

found that prisons are bursting at the seams, with reported occupancy at 179 percent in

April 2011. Illegal land confiscation and forced evictions by government officials and security

forces on behalf of powerful companies and individuals remains a hot issue. Land rights

activists face intimidation and arrest, with more than 60 people imprisoned or awaiting trial at

this writing, for protesting to living and housing rights. Prime Minister Hun Sen has continued

to pressure the independence of the Extraordinary Chambers of the Courts of Cambodia

(ECCC), demanding that the court not to precede cases 003 and 004 against five suspects

submitted for indictment by the international co-prosecutor. In October Human Rights Watch

called for the co-investigating judges to resign for failing to play their judicial duties. One

week later Blunk resigned, citing government interference in the court. As for, asylum

seekers, especially from Vietnam and China, remain at risk of forced repatriation in violation


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of the Refugee Convention. On February 15 the government ordered closed the refugee center

in Phnom Penh sheltering Montagnard refugees from Vietnam. The government fails to

incorporate the Refugee Conventions definition of refugee and otherwise to fulfill

Cambodias obligations as a party to that convention. Furthermore, since 2008 about 40,000

to 50,000 Cambodian women and girls have been recruited and sent to Malaysia as cross-

border migrant workers. Recruitment agencies often forge fake identity documents for

children, offer cash and food incentives as loans that leave migrants deeply indebted,

confine recruits in training centers in Cambodia for months, and intimidate those who try to

escape. Many recruitment centers have inadequate food, water, and access to medical care. In

2011 three women recruits died while confined in the centers; authorities failed to undertake

thorough investigations into their deaths or hold anyone accountable. Finally, Cambodias

donors pledged US$2.8 billion in development aid for the 2009 to 2012 period. From 1998-

2008, donors annually contributed approximately at least $600 million a year. Foreign

assistance accounts for over 50 percent of Cambodias budget, yet donors have said little

about Cambodias worsening human rights environment (Human Rights Watch, 2012). And

so how does Cambodia ruin the Chair of ASEAN very well, if she, still in the conditions, not

yet overcomes her own messiness at home.

Remaining Legal Frameworks under the ASEAN Charter, ASEAN welcome the adoption of

the Rules of Procedure for Conclusion of International Agreements by ASEAN. They also

noted with appreciation the finalization of the draft of the Rules of Procedure for the

Interpretation of the ASEAN Charter and the Rules for Reference of Non-Compliance to the

ASEAN Summit. Those Rules will provide stronger procedure for the implementation of the

ASEAN Charter and strengthen ASEAN as a rule-based organization. Furthermore, they look


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forward to the consideration of the establishment of an ASEAN legal committee that would

address any possible legal issues in the future (19th ASEAN Summit, 2011, p. 30).

In Chairs Statement of the 18th ASEAN Summit, Jakarta, 7-8 May 2011 on South China Sea,

Member States Leaders reaffirmed the importance of the Declaration on the Conduct of the

Parties in the South China Sea (DOC) as a milestone document signed between ASEAN and

China embodying the collective commitment to promote peace, stability, and mutual trust in

the South China Sea and to ensuring the peaceful resolution of disputes in this area in

accordance with universally recognized principles of international law, including the 1982

United Nations Convention on the Law of the Sea (UNCLOS). They stressed that continuing

the positive engagement of ASEAN-China is ground to move forward the DOC issue. They

focused the need to further intensify the efforts of both ASEAN and China to ensure the

effective and full implementation of the DOC and move forward the eventual conclusion of a

Regional Code of Conduct (COC). They welcomed the convening of the 6th ASEAN-China

Joint Working Group on the DOC on 18-20 April 2011 in Medan, Indonesia. In this

connection, they motivated the continued constructive negotiations between ASEAN and

China, including the early convening of the ASEAN-China SOM on the DOC. They

committed and resolved to take advantage of the momentum of the anniversary of the 20

years of ASEAN-China relations in 2011 and 10 years of the adoption of the DOC in 2012 to

finalize the Guidelines on the implementation of the DOC and initiate discussions on a

regional COC.

In February 2011, the ASEAN took a historic decision to intervene in the borderland dispute

between Thailand and Cambodian. In 19th ASEAN Summit, Bali, Member States Leaders

welcome the increasingly encouraging conditions in the affected Cambodia and Thailand


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border. They call on both sides to resolve peacefully through political dialogue and

negotiations, with a view to achieve a mutually acceptable solution through the fullest

utilization of their existing bilateral mechanism with the appropriate engagement of the

current Chair of ASEAN. So ASEAN recall the importance of the International Court of

Justices order of 18 July 2011 on the request to measure provisionally on the Cambodia and

Thailand border issue and continue to cooperate with its ASEAN mechanism (19th ASEAN

Summit, 2011, p. 39).

To address the weaknesses in the historical approach of constructive engagement in

Myanmar, ASEAN could review the AICHR legacy to include a human rights court with the

power to appeal common judgments. This court would provide a judicial, unbiased decision

to determine whether the government junta abuses the human rights and international

humanitarian law stated in the Charter. ASEAN could overcome the human rights violations

in Myanmar without creating a permanent court to verdict enforceable judgments. Not yet

consider the principles of ASEAN Human Rights Body; Myanmar has still broken a number

of the core principles in the ASEAN Charter (John, 2009). ASEAN welcome the significant

positive developments in Myanmar throughout 2011 and encourage maintaining a strong

momentum. Furthermore, ASEAN harbor these positive developments, and their continued

progress contributes to support their decision to power Myanmar the Chairmanship of

ASEAN in 2014. (19th ASEAN Summit, 2011, p. 39).

After severe stock market crisis in Oct 2008, the ASEAN+3 Leaders endorsed the Special

ASEAN+3 Finance Ministers Meeting in Phuket, Thailand, on 22 February 2009, to

accelerate the size of the Chiang Mai Initiative Multilateralisation (CMIM) from US$80

billion to US$120 billion, and the outcome of the 12th ASEAN+3 Finance Ministers Meeting


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in Bali, Indonesia, on 3 May 2009, reach all core agreements of the CMIM and supported the

creation of an independent regional surveillance unit to efficiently facilitate the

implementation of the CMIM and monitor the regional and global economic situation. And

the Asian Bond Markets Initiative (ABMI) was promoted the development of local currency-

denominated bond markets and adds greater accessibility to the regional bond markets to form

the Credit Guarantee and Investment Mechanism (CGIM) with an initial capital of US$500

million to support the issuance of local currency-denominated corporate bond in the region.

They considered the main roles of Multilateral Development Banks (MDB) to address

development agenda and back infrastructure and trade finance with the Fifth General Capital

Increase of the Asian Development Bank (ADB). Furthermore, they agreed to continue

ASEAN-led consultations with organizations in Asia and Asia-Pacific to secure the region

from future regional and global economic and financial crisis. ASEAN supported the

agreement at the London Summit on 2 April 2009 to restore confidence, growth and jobs,

reject protectionism and promote global trade and investment, strengthen financial regulations

to rebuild trust, reform international financial institutions, and inject an additional US$ 1.1

trillion to enhance global financial liquidity; and resolved to take necessary actions

individually and collectively to achieve the goals envisioned by G20 (Joint Press Statement

on ASEAN+3 Cooperation in Response to the Global Economic and Financial Crisis in

Bangkok, 3 June 2009). Based on foundations signed in 1997 in ASEAN Vision 2020, on 7

October 2003, at the ninth ASEAN Summit in Bali, leaders agreed to transform ASEANs ten

member countries into an ASEAN Community a single market and production base with

free flow of goods, services and skilled labour and freer flow of capital by 2020 with full

integration in eleven key sectors by 2010 to maximize its influence in the Asia-Pacific region

and its contribution to regional stability.


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ASEAN affirmed its commitment to fully tackle poverty and development gap among

Member States by developing and implementing an ASEAN Roadmap towards realizing the

Millennium Development Goals (MDGs) through better coordination and participation of all

key stakeholders, including public and private sectors, civil societies and UN special agencies

to narrow the development gap within ASEAN Member States through initiatives such as the

IAI Work Plan II (2009-2015) that covers the three pillars of the ASEAN Community

blueprints. ASEAN put special effort to ensure that the implementation stage of this Work

Plan will be able to addresses the concerns of the LDCs in ASEAN (19th ASEAN Summit,

2011).

Regarding to tension between South and North Korea in Korean Peninsula, ASEAN reaffirm

their support to the efforts made to achieve denuclearization in the Korean Peninsula in a

peaceful manner and call for the early resumption of the Six-Party Talks. To this end, ASEAN

reiterate that the ASEAN Regional Forum (ARF), of which six of its participants are all

members of the Six-Party Talks, and as it has been evident during the last 18th ARF in Bali,

July 2011, could be explored in contributing and further creating a conducive atmosphere for

dialogue and consultation among the parties concerned (19th ASEAN Summit, 2011, 41).

ASEAN in dealing with the raising power of China and India, the ASEAN Leaders

announced three Leaders Joint Statements namely: the Joint Statement on the ASEAN

Community in the Global Community of Nations, the Joint Statement on the Establishment of

an ASEAN Institute for Peace and Reconciliation to address priority issues such as ASEAN

Connectivity, food and energy security, conflict resolution and management, regional

architecture, a people-oriented and people-centered ASEAN, disaster management, the East

Asia Summit, and the ASEAN Community in a global community of nations. ASEAN also

pleased with the implementation of the ASEAN-China Strategic Partnership Plan of Action


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(PoA) for 2011-2015 through various projects to celebrate the 20th anniversary of the

ASEAN-China Dialogue Relations and promote the ASEAN-China Commemorative FINAL-

FINAL. To this end, ASEAN also deliberated on the draft ASEAN-China Leaders Joint

Statement to be adopted at the Commemorative Summit (19th ASEAN Summit, 2011, p. 34-

35). As for India, ASEAN were pleased with the implementation of the ASEAN-India

Partnership for Peace, Progress and Shared Prosperity and its Plan of Action for 2010-2015

and looked forward to the further implementation of the documents into tangible projects and

activities (19th ASEAN Summit, 2011, p. 35).

METHODOLOGY

This 15-pages research paper determine Cambodia to be the Chair of ASEAN in 2012 is the

utmost challenges moment and this paper aims to review the challenges, highlight the results

have been accomplished by previous Chairs along with some critiques and the future tasks

regarding to the position and roles of Cambodia to lead the regional intergovernmental

organization in its second time. And the core research question is What are the challenges for

Cambodia as the Chair of ASEAN in 2012 and How to succeedthose issues.

Paper used all secondary data and figures collected from various sources such as ASEAN

Secretariat Website, United Nations Website, World Bank Website, Asia Development Bank

website, Royal Government of Cambodia website, Ministry of Foreign Affairs of Cambodia

website, higher educational institutes and universities and national and international research

institutes as hard copies as well as virtual copies. Those documents were reviewed and put

into synthesis matrix and wrote as literature review by using qualitative approach to figure out

new concepts and thoughts about challenges of ASEAN that Cambodia will face and have to

overcome.


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Furthermore, Paper used general to specific approach to write the abstract, problem and

solution approach to write introduction, use critique approach to challenge with highlighted

findings or results, hypothesis with two variables (independent and dependent variables), to

test and analyze the correlativeness between problems to solutions and outcomes of ASEAN

in the last decade to prove that those issues are really the challenges for Cambodia in 2012.

CONCLUSIONS

According to ASEAN Secretariat in 2010, ASEAN VISION 2020: In Kuala Lumpur

December 2005, ASEAN has been agreed that its Charter was the very importance tool that

overcame the greatest challenges of its 30 years of existence and they believe it will use fore

another 30 years next and then. From year to year, ASEAN welcomed new comer to their

home. Today and tomorrow, the challenge for ASEAN is to maintain its connectivity. First,

ASEAN must be able to respond effectively to globalization and its dramatic impact on the

economy, political life and even values of ASEAN members. Second, the new threats of

international terrorism and weapons of mass destruction, plus the new strategic developments

and balance in East Asia that have and will come with the dramatic rise of China, and

possibly soon also of India. If they work together as one, they will answer rightly these new

challenges for sure. To do so, they must strengthen and deepen ASEAN cooperation in many

fields. An ASEAN Charter is only the beginning, but it is a very important symbol and could

provide a stronger ground for the organization to proceed further. The charter, therefore,

should not only be charted to maintain the status quo, but it should give new dynamism to

ASEAN and should be forward out-looking. Otherwise, the existing norms, rules, and

practices will be far from reality. The charter should also make ASEAN more people-oriented

and move away from being state-centric like in the moment. The charter would not only

provide ASEAN with a legal entity, but it should define ASEAN's goals and objectives and


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the institutional framework for achieving them. It should also define the rights and obligations

of member-states, working procedures and principles, as well as specifying dispute settlement

mechanisms among member states. Its objectives and principles should be forward looking,

where shared prosperity and wellbeing of the people will enhance human security. The charter

should also help to develop and consolidate democracy and the rule of law with respect for

human rights and fundamental freedoms. It should promote and develop a community of

caring societies. The charter should strengthen a common ASEAN identity among the peoples

in the region, as well as contribute to international and regional affairs. ASEAN should

commit to the prevention and punishment of the crime of genocide and adhere to the

constitutional and democratic change of government. In terms of developing institutions,

ASEAN should entertain the idea of establishing a Council of ASEAN Community,

consisting of ministers responsible for the realization of the three pillars of the ASEAN

Community, namely Security, Economic and Sociocultural Community. In addition to

strengthening the ASEAN Secretariat and the ASEAN Secretary General, the ASEAN

Standing Committee should be elevated to consist of permanent representatives from each

member-state that are accredited to ASEAN to represent their respective government, and are

capable of making decisions on their behalf. Only then can ASEAN consolidate its activities

and reduce the many ASEAN meetings from the current total of more than 300 in various

fields of cooperation annually. ASEAN should also have an ASEAN Court of Justice,

comprising designated judges nominated by each member-state such as the International

Court of Justice. One other body that might be important to assist the ASEAN Security

Community would be an ASEAN Peace and Reconciliation Council that could act as an

advisor, research body and early warning system in conflict prevention, conflict resolution

and post-conflict building. To make ASEAN more people-oriented, an ASEAN Consultative

Assembly, consisting of members of parliaments and representatives of civil society, could


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provide advices, feedbacks and perspectives. Decision making needs to be redefined and

redesigned, when consensus is required and when voting can be used. In the case of voting,

what should be seen as adequate: 50+1, two-thirds, or three-quarters? What also is important

is the problem of members' contributions to the ASEAN Budget. The system now, whereby

every member pays the same amount, is no longer realistic. A new formula that is more

tenable and could increase the budget adequately should be contemplated. All eyes have now

returned to the Eminent Person Group that was established by ASEAN Leaders and consisted

of the best sons of ASEAN. They should first come up with proposals that will boost the hope

and confidence of ASEAN's population as a whole; so that ASEAN can fully understand the

challenges and can come up with proposals that will make ASEAN relevant for the next 40

years. Now 2012, it is the utmost moment for Cambodia as the Chair of ASEAN that how she

can contribute, assist and guide this regional intergovernmental body to accomplish another

success, especially the dreams reaffirmed in the Charter in the 19 th ASEAN Summit in Bali,

Indonesia, such as one community by 2015; ASEAN Vision in 2020 in full reality; a Zone

of Peace, Freedom and Neutrality; Ten-Member Nations to live in peace and conflicts will be

solved peacefully through common regional legacy; strengthening of national and regional

resilience; the Treaty of Amity and Cooperation in Southeast Asia functioning lively as a

binding code of conduct for their governments and peoples, to which other states with

interests in the region adhere; a Southeast Asia free from nuclear weapons, their region free

from all other weapons of mass destruction; their rich human and natural resources

contributing to their development and shared prosperity; Regional Forum as flexible means

for sure way to promote conflict-resolution; a Southeast Asia where their mountains, rivers

and seas no longer divide them but connect them altogether in friendship and cooperation; and

the dream that their body as an effective force for peace, justice and moderation in the Asia-

Pacific and in the world.


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ACKNOWLEDGEMENTS

I would like to pay respect for Dr. Ms. TING Layheng who guided and consulted me since the

beginning on topic, title, questions design, methodology, writing approaches, so on and so on.

And I would like to thank also to scholars and researchers for copy rights use both national

and international organizations, institutes and educational academies were stated in the

references list both their name, works and their organization or educational institute - that

published many documents related to the ASEANs works, achievements, challenges, and

new dreams new visions that ASEAN as well as ASEAN peoples were facing today and

will face tomorrow.

All those data and figures became the valuable sources for me to consult, write, compare and

analyze my 25-page research paper. I believe in the power of sharing knowledge like ASEAN

believe in the caring society as ASEAN Community in a Global Community of Nations.


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Responses and Solutions. 40. New York.

Academic Research-Challenges of Cambodia as Chair of Asean 2012

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