The Asean grouping can, for the first time ever, crack the whip on errant member states if an enforcement mechanism makes it as a prominent feature in the new charter said Musa Hitam, chair of the Eminent Person's Group (EPG) on the Asean charter.

"We now have to look at the enforcement aspect of values, objectives and principles we share as Asean," he told reporters at the 3rd Asean Leadership Forum in Kuala Lumpur today.

"Failure to observe these values may result in mentions, reminders, reprimand, sanctions or censure. But these are not conclusive yet [...] they are still under consideration."

Asked if Burma, problem child of the Asean family, will face expulsion if it continues violating human rights through an oppressive regime, Musa said that option was not available now.

"But no harm in talking generally about expulsion as one of the options for enforcement," he said, adding that the grouping's zero enforcement was due to the absence of an institutionalised Asean.

The 10-member Asean or Association of Southeast Asian Nations was never institutionalised since its inception almost 40 years ago, hence the absence of any enforcement powers or procedures.

Citing economic, political and social/cultural resolutions that were passed in the past, Musa said not all member states actually implemented them.

Revise approach

He also said that Asean should move from rigid decision-making to the more practical means of providing members with options to disagree or make reservations without holding back progress.

Malaysian Foreign Minister Syed Hamid Albar, who visited Rangoon as Asean chairperson last week, admitted to the trip being unsuccessful after he was denied a meeting with pro-democracy leader Aung San Suu Kyi and other political dissidents.

The military government had delayed his visit for two months reportedly due to the shifting of its administrative capital from Rangoon to remote Pyinmana about 300km north.

Asked to comment on Burma's consistent obduracy, Asean secretary-general Ong Keng Yong said he "frankly did not expect more". "He (Syed Hamid) had a specific mandate in Myanmar (Burma) with regards the roadmap to democracy.

"We wanted him to do more but the authorities there decided otherwise," he told reporters after delivering his opening keynote address in the morning.

Ong, however, was optimistic about the upcoming Asean foreign ministers' meeting in Bali next month in making some headway in this matter.

Asked on a possible action, he said: "Asean likes to look after everybody's ego and feelings. Don't forget, Myanmar is a member. We can't be nasty to our brothers and sisters.

"For instance, the whole world thinks that she (Aung San Suu Kyi) is a factor but those in Myanmar don't think so. We have to be careful and we don't want to dictate terms to member countries but we will continue to persuade them."

Persuasive powers

Naming India and China as 'the people who matter to Myanmar', he said they should be more persuasive where others have failed.

"I'm not pessimistic but disappointed that the opportunity (of the visit) did not yield sweeter fruits than expected but at least they accepted Syed Hamid's visit as Asean chair, which is a first."

On whether expulsion was an option when goodwill and persuasion failed, Ong said no such provision existed but that may change under the new Asean charter being brainstormed by the EPG. "The EPG is giving ideas for the charter which will be drafted by another group later. I'm not ruling out the possibility of expulsion but that depends on the 10 wise men (in the EPG)."

The KL Declaration after last year's Asean summit mandated the EPG 'to examine and provide practical recommendations on the directions and nature' of the charter.

Describing the KL summit as 'revolutionary and radical', Musa said the mandate for an Asean charter was vital in the face of impending globalisation.

"From the time I was first involved in Asean, the consensus has been not to institutionalise it but members now realise that globalisation is set to sweep all in its path. This is why the collective political will of the Asean leadership wants a 'visionary and bold' charter, which is set out in the EPG's terms of reference," he said.

Urging for expectations of the charter to be lowered, Musa said the EPG has to 'think outside the box' in order to deal with economic and political extremes within the grouping.

"For example, problems are anticipated among new entrants (into Asean). The struggle is for de-nationalisation and sufficient attention given to Asean interests."

Internal challenges

Outlining the challenges within the EPG, he said almost all EPG members were former or serving top government officials which posed a problem in terms of ideas for the charter.

"The thinking is predominantly government [...] cautious, careful and sensitive, so much so that some of them end up sounding like government spokespersons when we are mandated by Asean.

"That is why it's crucial to think 'beyond terms' particularly in formulating a system of enforcement and compliance," he added. "There is always a place for nationalism but not the outdated notion of narrow-nationalism."

He said that if the EPG fails to achieve this for the charter, Asean can never be the organisation that people expect it to be.

"We must have a minimum code of conduct without having to ape the European Union or the US. The challenge is in maintaining the respect for sovereignty of each other while upholding democracy and human rights."

Musa is scheduled to submit the EPG report, after completing public consultation with all stakeholders, to Asean leaders prior to the 12th Asean Summit in the Philippines in December.

The forum today was jointly organised by the Asean Secretariat and the Asian Strategy and Leadership Institute.