The regional context of Myanmar’s democratic transition : what role for ASEAN’s new institutions?

As Myanmar was beginning its uncertain transition to democracy, the Association of Southeast Asian Nations (ASEAN) was undergoing a transformation of its own. This culminated on 28 November 2007 in the signing of the ASEAN Charter by the Heads of State of the Association's 10 members. The Charter confirms ASEAN's status as an intergovernmental organisation with legal personality (s 3), and commits the Association to a range of ambitious goals. These include the creation of a single regional market and production base; narrowing the development gap within ASEAN; strengthening democracy; enhancing good governance and the rule of law; and promoting and protecting human rights and fundamental freedoms (s 1 (5)-(7)). The Charter obliges member states to take all necessary measures, including the enactment of appropriate domestic legislation, to effectively implement the provisions of the Charter and comply with the conditions of membership (s 5(2)). The Charter also provides, under section 14, for the creation of 'an ASEAN Human Rights Body'. This body was eventually established on 23 October 2009, as the ASEAN Intergovernmental Commission on Human Rights (AICHR). AICHR's Terms of Reference (TOR) provide that is it to be guided by principles that include: 'adherence to the rule of law, good governance, the principles of democracy and constitutional government' (TOR, s 2.1(d)), and 'respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice' (TOR, s 2.1(e)).