It's time for Asean to stand up to Burma

Criticism has been made by Asean members of the Burmese government, but in a moderate and often indirect manner. One of the reasons for such reticence is that the human rights records of some of the Asean member countries are also far from perfect.

Now, three Asean members - Thailand, Singapore and Indonesia - have openly raised their concerns about Burma's decision to lodge new charges against detained opposition icon Aung San Suu Kyi, and have called for her release from detention.

Suu Kyi, the leader of the National League for Democracy has been under house arrest since July 1989. On May 13 she was arrested once again, this time for "violating the terms of her house arrest" after a US citizen swam to her lakeside home, pleaded exhaustion, and was allowed to stay in her house for two days. Suu Kyi could face up to five years' confinement for the alleged violation. The trial started on Monday May 11, with the public barred from proceedings.

The move by the three Asean countries to openly condemn the Burmese action is seen as unusual. In the preamble of the Asean Charter, it is stated that Asean members will not intervene in each other's internal affairs. What is overlooked in this context is that the raised concerns are not interference in Burma's internal affairs, but a necessary question posed to the Burmese government from fellow members of Asean.

The Asean Charter in itself is a pro-democracy charter, mentioning democracy and human rights on several occasions. Chapter 1, Article 4 states: "... to ensure that the peoples ... live in a just, democratic and harmonious environment". Article 7 is even clearer: "To strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms..."

In other words, the situation in Burma and the actions of its rulers not only contradict the very principles of the Asean Charter, but will weaken the Asean position and regional cooperation in the long run, if the situation in Burma does not drastically improve.

Regional political organisations often have to deal with "failed states". An example is the African Union and the Zimbabwe case. The African Union has great difficulty in finding a common line in the case of Zimbabwe and its dictator Robert Mugabe. This test case of the efficiency of the African Union is seen by many international observers as a symbol of the difficulties that regional organisations have with failed states.

The latest statements and concerns raised by the three Asean countries are an important signal and are not only in line with the Asean Charter, they are also fundamental to its credibility.

Thai Foreign Minister Kasit Piromya said last week that all countries were concerned about the credibility of any Burmese investigation into the American man's motives and action. Thailand is chair of Asean until the end of this year; it would not shed good light on the Thai chairmanship if the situation in Burma does not improve or gets even worse.

The case of Aung San Suu Kyi is a reminder of what happens to opposition and democracy activists all over Burma.

To criticise other countries for their poor human rights records, corruption, lack of transparency and abuse of the of rule of law is important and necessary but could at the same time easily backfire on governments that raise their voice.

If Asean has the courage to use this latest action by the Burmese junta not only to point to the human rights violations in the country but also to put human rights issues higher on the Asean agenda, this episode could have a positive impact on the Asean of the future.

Asean, over the last few years, has developed and gained more influence. Thailand, as chair of Asean for almost a year, is finally, after months of political instability and challenging political circumstances, able to work in its role as Asean chair more effectively, and is taking on the challenges of the Asean community.

Thailand, as one of the most important Asean member countries, must deal head-on with the Burma case not only because the way in which the junta is dealing with Aung San Suu Kyi is an abuse of human rights, but because it is also an affront to the basic principles that are laid down in the Asean Charter.

Alexander Mohr is partner for international relations at the government relations firm of Alber & Geiger in Brussels, and was a lecturer in international relations at the Institut d'etudes Politiques de Paris (SciencesPo).