ASEAN After 50: Is the ‘ASEAN Way’ still relevant?

August 14, 2017/in ASEAN Notes/by aseansc

Dio Herdiawan Tobing

Unlike other regional or international organizations, ASEAN possesses its own model of diplomatic engagement: the ASEAN Way. For so many years, the ASEAN Way has always been a very heated topic of debate among the academics, government officials, and policy-makers. Now that ASEAN has reached its golden anniversary, the remained question is whether the ASEAN Way is still relevant, or must the organization employ other tools to foster its members’ cooperative behavior in agreed institutional arrangements.

In most academic literature, the ASEAN way is always to blame for any wide-array of cooperation failures, for instance: Indonesia on the haze problem, Myanmar on the Rohingya crisis, and the absence of ASEAN centrality in the South China Sea dispute.

The ASEAN Way is defined a shared of norms, principles, and values governing the interactions of ASEAN member states. It is more of a loosed concept but strictly embedded in the practice of ASEAN diplomacy. The problem is, in many kinds of literature the ASEAN Way has always been incorporated with ASEAN’s strict adherence to the principle of consensus-building, informality, non-interference, and respect to national sovereignty.

Indeed, from a strictly legal perspective, the Treaty of Amity and Cooperation serves as the formal foundation of the ASEAN Way, whereby on Art. 2(c) of the agreement, it is emphasized that “In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles…non-interference in the internal affairs of one another”. However, the ASEAN Way is not defined as narrow as what enshrined in the treaty.

This is what one keeps on forgetting and neglecting in the kind of literature; as the ASEAN Way is not the goal, but rather a means of achieving collective interests. Hence, the process of norm and values sharing is dynamic and never been stagnant.

On the one side story, criticisms are frequently directed at the gameplay of ASEAN, which often pays too much respect for the above-mentioned principles. Nevertheless, the ASEAN Way is the only possible method that could be employed by the regional institution and its members, as it is shared on daily basis beyond the limits of their consciousness. Intriguingly, the ASEAN Way is neither a failure nor a weakness. As many are not aware of, on the other side of the ‘blame’, lies a powerful instrument: the ASEAN Constructive Engagement.

The ASEAN Constructive Engagement

ASEAN utilized the Constructive Engagement (CE) at Myanmar in the 1990s to foster democratization. It was not introduced as an alternative of the ASEAN Way, yet inseparable for they share the same ‘blood’. The CE prefers a bilateral or multilateral method of engagement by favoring dialogue, opposing the policies of compulsion including sanctions and diplomatic isolation employed by the west.

As matter of fact, the CE is not only utilized by ASEAN in Myanmar’s case. In any other issues, CE informally and unconsciously uses as a method of engagement among ASEAN Countries, whether it is facilitated by ASEAN Secretariat, bilateral or multilateral engagement under the greater umbrella of ASEAN cooperation, or in any diplomatic forums.

Furthermore, CE does not offer a sudden policy shift of any ASEAN member states to adhere towards regional goals, but rather emphasizes on the ‘engagement process’. This is why, in the f by any government in ASEAN.

Some may view this as a disadvantage. However, CE is a promising tool in offering gradual changes in dispute settlement mechanism without harassing any conflicting parties in public spaces.

Two concrete examples of the result of CE can be seen from the policy change of Myanmar towards the Rohingya and Indonesia’s accession to the ASEAN Transboundary Haze Pollution Agreement as presented below.

Constructive Engagement: A Tale of Two Case Studies

Even though CE was introduced in early 1991 to induce Myanmar’s cooperative behavior to ASEAN, the effort continued even after Myanmar become one of ASEAN members, especially to persuade Myanmar to become more open to the international community and not treating the Rohingya minority group violently.

The result was not instant. From 1991 to 2008 there was almost no change in Myanmar policy towards the Rohingya. The country insisted the Rohingya massacre has nothing to do with their country for the Rohingya is not part of the Burmese community. Not until in 2008 when Cyclone Nargis struck Myanmar, which resulted in the first attempt of regional “humanitarian intervention” to assist Myanmar in recovery. It is imperative to note the regional assistance set up by ASEAN and its members to help Myanmar had broken the problematic stigma of ASEAN’s ‘fixed price’ devotion to the principle of non-interference and traditional concept of sovereignty.

The successful attempt of ASEAN to assist Myanmar recovering from the impact of such humanitarian disaster, served as the pathway to improve the government’s openness to the regional community. In fact, as per 2009, Indonesia played a leading role in opening a bilateral talk with the Burmese government, calling for a greater attention to this Muslim minority. Surprisingly, this occasion functioned as the turning point where the Burmese government finally admitted that the Rohingya problem also belongs to Myanmar. Prime Minister Thein Sein, stated that “in principle, the Myanmar is willing to accept the Rohingyas back if they can prove they are indeed the people of Myanmar”.

Another breathtaking result also occurred in late-2016. At the Inter-Parliamentary Assembly of ASEAN on September 30, 2016, Aung San Suu Kyi, finally asked “constructive support” from Myanmar’s regional neighbors to resolve the crisis in the country’s troubled western Rakhine state. The step was then followed by the establishment of a special panel of an investigation, headed by the former UN Secretary General, Kofi Annan.

In the Southeast Asian haze catastrophe, ASEAN also utilizes similar approach to persuade Indonesia to pay attention towards the issue. Resulted from thorough bilateral and multilateral discussions, there were at least three events which marked Indonesia’s non-defensive behavior to ASEAN. First, Indonesia had never blocked ASEAN from adopting any resolution, since the Singapore Declaration, where the haze issue was first mentioned, to the making of haze agreement. Second, Indonesia signed the agreement in 2002 and third, in late-2014, Indonesia concluded its accession to the agreement.

It certainly is a long process. In the case of Myanmar, it took more or less 25 years for the Burmese government to acknowledged Rohingya as a problem that needs further attention and finally called for regional arrangements to assist Myanmar in solving this humanitarian catastrophe. For Indonesia, it needs 11 years for the government to finally decide to abide the law.

Conclusion

Through a long norm and values-sharing process, though many kinds of literature discredit how the ASEAN Way’s strict adherence to consensus decision-making, non-interference, and sovereignty hinders the organization to pursue progress in some areas of cooperation, one must understand that it is the ASEAN Way that has led ASEAN to reach its 50th anniversary.

Blaming the failure of cooperation in ASEAN on the ASEAN Way will prevent us from seeing how ASEAN has made progress since the organization was formed. Furthermore, what many kinds of literature have forgotten is that the ASEAN Way embraces CE, which emphasizes on a non-confrontational approach of diplomacy but offering gradual changes, even in some areas of cooperation that seen to be very sensitive by ASEAN. What needs to be understood is the non-incorporation of the ASEAN Way in assessing ASEAN will never be the right case. Therefore, after the 50th anniversary, the ASEAN Way and CE will always be the nature of ASEAN cooperation because it does not matter if the ‘tool’ is still relevant or not, yet there will be no ASEAN without the ASEAN Way.

*) Dio Herdiawan Tobing is the Research Manager of ASEAN Studies Center UGM. He will start his LLM in Public International Law at Leiden University in September.

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RELIGION: BOON OR BANE FOR DEMOCRACY?December 20, 2023 - 12:32 am

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RELIGION: BOON OR BANE FOR DEMOCRACY?December 20, 2023 - 12:32 am
In December 2022, the Indonesian government passed a law that penalizes sex outside marriage. This is only one of the many changes in the criminal code that observers warn of the increasing conservatism in the country.

Indonesia houses the largest Muslim population in the world and is also a republic whose democratic experiences and milestones have been widely studied by scholars within and beyond the region. This makes Indonesia a compelling case for reflection on the nexus and tensions between religion and democracy. Is religion compatible with democracy? What opportunities and challenges does the “Islamic Renaissance” entail in the country? Democracy on Religion

Liberal democracy espouses secularism, the separation of church and state, and freedom of religion. In an “ideal” democratic system, the state must not endorse nor support any specific religion while guaranteeing the free exercise of religion among citizens. This is essential in a democracy for many reasons. Religious freedom is a crucial civil right that enhances citizens’ individuality and relations with others. It stops one religion from dominating society, hence promoting diversity and co-existence. At the same time, it prevents policies from being framed according to religious beliefs, which may result in discrimination and repression of fundamental human rights.

Religion and its Tensions with Democracy: The Case of Indonesia

This is particularly important for Indonesia. While the country is predominantly Muslim, Indonesia also has many ethnolinguistic groups with different cultures and practices. It is a challenge in itself to build one nation with an immensely heterogeneous society. The diversity in the country resulted in years of ethnic conflict and violence. Even a religious minority, the Ahmadiyya, faces intimidation and oppression in the exercise of their faith. Indonesia’s dilemma points to the longstanding debate in human rights discourse and practice – are human rights universal, or are they relative to culture and local customs? While I am more inclined to support the former, it is important to be aware and carefully consider the context of a country when designing human rights advocacy and interventions.

However imperfect, the democratization process in Indonesia has assisted in facilitating efforts for reconciliation and balancing competing interests in the country. Recently, the President stunned the world when he acknowledged past grave human rights abuses in the country, including an anti-communist purge in the ’60s and the arrest of democracy activists during the Suharto presidency.

Indonesia sits in between secularism and theocracy. The country’s fundamental law espouses Pancasila, which is the foundational political theory of Indonesia. Through its five principles, Indonesian society believes in one God and aspires to create a just and civilized humanity, unity, democracy, and social justice for all. This tells us that, by principle, Indonesia gives importance to pluralism and citizenship. Scholars and practitioners of the law also adopt legal pluralism and believe that different legal systems are complementary rather than contradictory. For example, community practices and customs are considered along with national and local regulations in settling disputes and conflicts at the village level.

However, in recent years, Indonesia has seen the expanding role of Islam in the country’s social and political life. Aside from Islam being a “source of ethical and cultural guidance”, many Islamic organizations have secured formal power, which allows them to easily introduce measures within the state apparatus that cement their own interests. Hardliner Islamic groups have also proliferated, and fundamentalist thought and practices are becoming more and more widespread. Islamic identity politics have also been evident since Widodo coalesced with conservative Islamic factions and appointed Amin, an influential Islamic figure, as his vice president. The new penal code tends to be more religious than secular. This has implications for Indonesia’s supposed secularism and diversity. How can the Indonesian government best represent the interests and aspirations of all?

As Indonesia continues to modernize and extend its economic and political ascendancy in the region, rapid changes in its social relations and dynamics are also expected. This demands a more careful look at the kind of laws and “social controls” that the government enforces. Suppose conservative forces are forwarding laws in the name of protecting tradition and keeping Indonesian values in check. In that case, it should not be at the expense of fundamental civil and political liberties, nor should it be to repress vulnerable groups even further, such as women, LGBT+, and ethnic communities. Admittedly, this is easier said than done. Hence, political representation must reflect the diversity and vibrance of Indonesian society. If only one group dominates political and policy discourse, it ultimately jeopardizes the general will.

When religion becomes the yardstick for crafting rules and policies, it creates biases, whether intended or not. Propositions that are credible and necessary but “contradictory” to a certain religion may be rejected simply because they do not fit the personal convictions of decision-makers. Integrating religion into politics usually leads to oppressive and harmful policymaking. Religion is also a form of heuristics or cognitive shortcut that devalues deliberation and discussion. Instead of scrutinizing issues, people may resort to using their religion as the sole basis for their position on a particular matter. Democracies ought to be deliberative and pluralistic.

Human rights activists and organizations in Indonesia have sounded the alarm on many changes in the criminal code that could stifle individual freedoms and lead to setbacks in the country’s democratic progress. Aside from banning sex outside marriage, the government also reinstated laws that criminalize insulting the President and other state officials and institutions. They also increased the punishment for blasphemy. These laws can be disproportionately used against individuals and groups with legitimate criticisms and concerns about the government. It may also render already marginalized communities even more vulnerable. Religion, Populism, and Repression

This trend is not only unique to Indonesia. Much of the world has seen the rise of “nationalist” movements, often within the pretext of religion and safeguarding culture. India’s Modi has exhibited Hindu nationalist tendencies, which have meant greater intolerance against the Muslim minority in the country. Myanmar’s Tatmadaw has weaponized Buddhism to rally support from the public and account for its atrocities.

The use of religion to justify repressive and oppressive regimes is apparent. Religion is an effective tool to unify a group of people and subject them to a specific set of beliefs and values, which may be highly prejudiced and absurd. Religion acts as a moral compass that defines what is right and what is wrong. Because religion is subjective, it can easily be manipulated to serve political objectives. Populists and autocrats can bastardize religion to create a public enemy, instill an “us vs them” mentality, and sow further polarization.

Failed democracies thrive out of fear, whether it is real or manufactured. Religion can be a potent force to ingrain this fear. This hysteria against change and modernization is easy to whip up when people already have preexisting beliefs. It is not too difficult to segregate people and label them as the “other”. When this distinction is entrenched, it is convenient to normalize discrimination and violence.

It is said that Indonesia is a model for “Moderate Islam” when compared to the Middle East; the “Indonesian way” can complement Western values and democracy. It also has the potential to correct Islamophobia and promote Islam as a religion of peace. On the other hand, if Indonesia cannot find its balance and condone fundamentalist and hardliner Islamic groups to flourish, Indonesia will certainly regress in its hard-won democratic gains.

Religion has inherent contradictions with democracy. Subscribing to a religion and structuring a supposedly diverse society using its tenets is monopolistic and can bring about intolerance. It is paramount for democracies to ensure that civil, political, and socioeconomic rights are not deprived based on religion and other forms of cleavages. The access and exercise of power should be as widely distributed as possible. Public office should not be limited to certain political clans or religious organizations. For instance, at the village level, cultural and socioeconomic elites must share power and administration with vulnerable and historically marginalized groups. There are more reasons and illustrative cases, present and past, to posit that religion is more of a bane than a boon to democracy. At the moment in world history when (dis)information is fast and instant, we must maintain vigilance in dealing with autocratic agendas in the guise of “respecting” values and tradition. It is easier to believe and conform than to reflect and deliberate. But democracy dies when we rely on shortcuts to define what is good for us. Democracy dies, slowly and deliberately, when we allow a few to sabotage our freedoms and liberties to increase their own. Demagogues and despots are usually cunning and do things “in the name of God”.

REFERENCES

Evans, M. S. (2014). Religion and political decision making. Journal for the Scientific Study of Religion, 53(1), 145–163. http://doi:10.1111/jssr.12088

Evans, T. (2012). Separation of Mosque and State in Indonesia. Policy, 27(4), 35–39.

Głodek, A., & Grzywacz, A. (2020). Indonesia – between religion and democracy, Warsaw: Boym Institute. Retrieved from https://instytutboyma.org/en/indonesia-between-religion-and-democracy

Jaffrey, S. (2020). Is Indonesia Becoming a Two-Tier Democracy?, Washington D.C.: Carnegie Endowment for International Peace.

Jamaluddin, M., Chen, H. & Watson, A. (2022). Indonesia bans sex outside marriage as parliament passes sweeping new criminal code, Jakarta: CNN.

Klinken, G. v. (2019). Living in a Sacred Cosmos: Indonesia and the Future of Islam. Journal of the Humanities and Social Sciences of Southeast Asia, 175(1), 81–135. http://doi:10.1111/jssr.12088

McWilliams, E. (2018). Democracy in Indonesia: A Progress Report, Washington D.C.: The Foreign Service Journal.

Nagda, A. (2020). The Diplomat. [Online] Available at: https://thediplomat.com/2020/03/the-islamization-of-indonesias-foreign-policy/

Omelicheva, M. & Ahmed, R. (2018). Religion and politics: examining the impact of faith on political participation. Religion, State, and Society, 46(1), 4–25.

The World Factbook. (2023). Indonesia, s.l.: Central Intelligence Agency.

Wieringa, S. E. (2006). Islamization in Indonesia: Women Activists’ Discourses. Signs: Journal of Women in Culture and Society, 32 (1), 40–27.

Short Biography:

Kay Conales is a student of the Asia Pacific-Master of Arts in Human Rights and Democratization of the Institute of Human Rights and Peace Studies (IHRP) of Mahidol University (Thailand). She also studied in the Faculty of Social and Political Sciences (FISIPOL) of APMA’s partner-university Universitas Gadjah Mada (Indonesia). She can be reached through e-mail at ksconales@gmail.com.

ASEAN After 50: Is the ‘ASEAN Way’ still relevant?

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