Asean a happy family?

The ten Asean members will sign a charter in Singapore to mark yet another commitment to build a stronger community with over 500 million people.

According to news reports, the charter marks the first time that the 40-year-old bloc, which has often been described as a family by its member nations, will codify its basic principles and organisational rules.

The Straits Times said the 31-page Charter includes provisions for leaders to meet twice a year, new rules for settling disputes peacefully, more flexible decision-making processes, and steps to beef up the organisational structure of the grouping so that it is able to monitor and implement what members have agreed to do together.

Sophie's World has not seen the implementation details but is curious about the provision to resolve disputes. Will it be a motherhood statement about the need to resolve disputes peacefully without resorting to violence? Or will the charter spell out something concrete like all neighbourly disputes be referred to an international court or arbitrator if affected parties are unable to come to terms after 10 years of bilateral negotiations?

The provision is definitely an important point because there is no shortage of disputes within the so-called Asean family. Some of the family tiffs include:

1. Asean members' inability to rehabilitate the dumb generals and killers of Myanmar;
2. Malaysia and Singapore are crossing swords at the ICJ over a rock known as Pedra Branca or Pulau Batu Putih in the South China Sea;
3. Singapore and Malaysia still can't resolve their bilateral problems after nearly two decades;
4. Malaysia and Indonesia are still banning sale of sand to Singapore;
5. Indonesia and Singapore couldn't seal a treaty to extradite any Indonesian criminal in Singapore;
6. Singapore and Indonesia could not seal a defence cooperation agreement;
7. Nearly all Asean members are pissed off with Indonesia's annual haze;
8. Thailand is still seething over Singapore government investment arm Temasek Holdings' controversial deal with former Thai PM Thaksin Shinawatra's Shin Corp;
9. Indonesia and Malaysia have not fully embraced each other after another round of Konfrontasi;
10. Malaysia and Singapore can't even agree on a new overhead bridge to replace the old causeway to help improve the massive cross-border flow of goods and people, although Asean dreams about a region with free movement of goods, services, investment, skilled labour and freer flow of capital by 2015.

The Singapore charter is definitely a step in the right direction to set up a proper framework for the interaction of its ten family members.

But individual members of the Asean family must look at wider interests, not just their narrow self-interest.


Sophie's Note: Wikipedia entry showing satellite image of the 2006 Southeast Asian haze over Borneo.

Malaysia to reclaim Pedra Branca?

Will Malaysia or Singapore win in the court tussle over a overlapping claim for an islet the size of a football field in the South China Sea?

Both governments are crossing swords at the International Court of Justice in The Hague in the Netherlands to settle ownership of Pedra Branca (its name to Singapore) or Pulau Batu Putih (according to Malaysia).

So far, media of the the two countries, which used to be one nation briefly in the 1960s, have backed their political masters. Malaysia's The Star cited the Foreign Minister as saying that the team was the one Malaysia sent to handle the sovereignty dispute over Pulau Sipadan and Pulau Ligitan which Malaysia won over Indonesia. Malaysia's New Straits Times reiterated the country's stand that Malaysia was not making a claim over the island as it was always part of her territory.

Singapore's The Straits Times said Singapore has exercised sovereignty and administered the island since the 1840s, when the British colonial government built the Horsburgh Lighthouse there.

And Singapore is likely to depend on similar arguments used by Malaysia in its successful claim over Indonesia in the fight for Sipadan and Ligatan, two islands to the east of Borneo, five years ago. Malaysia won because it had effectively exercised state functions over the two islands. These actions ranged from building lighthouses to regulating the collection of turtle eggs, according to ST. Hmmm, now I understand why people collect turtle eggs! :-)

Similarly, ST pointed out that Singapore has built other facilities, including a water desalination plant and a helicopter pad on Pedra Branca/Pulau Batu Putih.

Many people would probably think that Singapore will win this round, based on the general concept of adverse possession.

But Sophie's World takes a different view on this. Although Singapore and its former colonial master had exercised control of the islet for more than a century, the situation is not so straight forward in the case of Malaysia and Singapore.

For a start, the little rock is nearer to Malaysia. It sounds reasonable for Malaysia to say that it didn't make any claim on the island earlier because it has always regarded it as part of Malaysia.

Second, Singapura was once part of the Malay sultanate. The old Singapore was given away to the British by the Johor sultanate for a song. Hence, one can argue that the Johor Sultan transferred ownership of Singapore but not Pulau Batu Putih to the British.

Sophie's World is betting on Malaysia emerging triumphant in the tussle for Pedra Branca.


Related posting: Singapore, Malaysia going to court again?