Elevating the TAC as a global code of conduct

Elevating the TAC as a global code of conduct

Foreign Minister Don Pramudwinai (second right) opened and hosted the annual Asean foreign ministers' retreat, this year held in Chiang Mai on Jan 17-18. (Photo via MFA)
Foreign Minister Don Pramudwinai (second right) opened and hosted the annual Asean foreign ministers' retreat, this year held in Chiang Mai on Jan 17-18. (Photo via MFA)

A reference of Asean's most well-known regional code of conduct, known as the Treaty of Amity and Cooperation in Southeast Asia (TAC), in the Chiang Mai retreat's statement, deserves recognition. It was intriguing, coming at this juncture, as to why it deserved a distinctive paragraph with 90 words. Indeed, the TAC has been the life and soul of Asean since its founding in 1967.

When Asean was formed, the group's founding fathers were busy trying to make sure the new regional bloc would be able to survive. Internally, newly independent countries were busy replacing colonial governments. Uncertainty resulting from such a quick transition and the emergence of the Cold War added to their headaches. Indeed, in the late 60s, the Western community was not so appreciative in responding to the indigenous creation in this neck of the woods. Asean was perceived as anti-Western, while the communists viewed it as a petit capitalist club. Asean was neither: the founding partners wanted to save the region from the savagery of war and being a pawn in major powers' chess game.

Kavi Chongkittavorn is a veteran journalist on regional affairs.

It would take another 10 years for the international community to take Asean seriously. At the first Asean summit in 1976 in Bali, Indonesia, Asean finally achieved the right comfort level, which enabled it to draft the region's first code of conduct, encompassing the peaceful settlement of disputes, renouncing the threat of use of force and promoting rule of law. These templates have not changed one bit in the past 43 years.

After 20 years of practice, Asean realised that the TAC had a broader application to secure peace and stability in the region and beyond, so they decided in 1996 to amend it to allow non-Southeast Asian countries to accede to the treaty. It was further amended in 1998 to identify by name the "high contracting parties" in Southeast Asia that have the right to give consent to accession by states outside the region. This action enabled the EU to sign up to the TAC in 2012.

The TAC has been widely recognised as a code of conduct for interstate relations in Southeast Asia, embodying universal principles of peaceful coexistence and friendly cooperation among states in the region. But the principle of non-interference has always been the focus of Asean's success or failure over the past five decades, depending on the eye of the beholder. Other rules-based principles are also enshrined in various international instruments. The TAC, which has prevented any outbreak of war in the region, has become the hallmark of Asean's existence and engagement by its members with the outside world.

Reflecting on the new security environment, the retreat's statement reaffirmed "the validity, relevance and importance of the Treaty of Amity and Cooperation in Southeast Asia in the current geopolitical context". It is clear that Asean will not abandon the TAC, even if the fast-changing geopolitics has affected many regional and internal developments. Asean will continue to stick to TAC principles.

Thus, under the Thai chair, the TAC will receive a big boost. When the treaty turned 40 years old in 2016, Thailand proposed that Asean issued a statement to reaffirm the TAC as the key instrument in promoting peace and stability in the region. Indeed, judging from the Chiang Mai statement, Asean foreign ministers want the TAC to be recognised as an international code of conduct. At least all the five nuclear powers have acceded to the TAC, which includes 30 other signatories.

Last year, Argentina and Iran surprised Asean by acceding to the treaty. This year, Peru and possibly Saudi Arabia will follow suit. Currently, the TAC signatories cover all the world's continents after Egypt and Morocco became the first two North African countries to sign on in September 2016.

Asean hoped the TAC would gain wider recognition after the 1992 decision to circulate the code of conduct as a UN document. At the same time, Asean realised that its involvement in global politics was pivotal and necessary. Given the well-respected status of Asean, the grouping can also speak with a louder voice about the wisdom of its way of doing things.

Highlighting the merit of the TAC comes at the right time due to growing doubts about its relevancy, especially in times of uncertainly and growing tensions. Lots of questions have focused on how Asean should respond to external challenges to sustain its centrality, especially in the past few years. That helps to explain why Asean members have taken the time to study Indo-Pacific proposals from the US, India, Japan and Australia over the past year. At the retreat, Asean foreign ministers further exchanged views on the proposals and tasked Indonesia with drafting Asean's vision of the Indo-Pacific.

Asean has agreed to uphold the TAC and its key principles and norms as the main pillars of the emerging regional architecture, which include openness, inclusiveness, transparency, respect of international laws and norms, and Asean centrality. As chair, Thailand added three more elements related to Asean resilience -- mutual respect, trust and benefit. Asean senior officials will decide whether to adopt a new name to replace Indo-Pacific when Indonesia submits its concept paper for further deliberation at their meeting next month in Chiang Rai.

The Asean version of the regional architecture will demonstrate whether the grouping has the mettle to play a catalytic role and engage unknown challenges in an increasingly disruptive world.

Kavi Chongkittavorn

A veteran journalist on regional affairs

Kavi Chongkittavorn is a veteran journalist on regional affairs

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