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The Struggle of Becoming the 11Th Member State of ASEAN: Timor Leste‘S Case

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The Struggle of Becoming the 11Th Member State of ASEAN: Timor Leste‘S Case The Struggle of Becoming the 11th Member State of ASEAN: Timor Leste‘s Case Rr. Mutiara Windraskinasih, Arie Afriansyah 1 1 Faculty of Law, Universitas Indonesia E-mail : [email protected] Submitted : 2018-02-01 | Accepted : 2018-04-17 Abstract: In March 4, 2011, Timor Leste applied for membership in ASEAN through formal application conveying said intent. This is an intriguing case, as Timor Leste, is a Southeast Asian country that applied for ASEAN Membership after the shift of ASEAN to acknowledge ASEAN Charter as its constituent instrument. Therefore, this research paper aims to provide a descriptive overview upon the requisites of becoming ASEAN Member State under the prevailing regulations. The substantive requirements of Timor Leste to become the eleventh ASEAN Member State are also surveyed in the hopes that it will provide a comprehensive understanding as why Timor Leste has not been accepted into ASEAN. Through this, it is to be noted how the membership system in ASEAN will develop its own existence as a regional organization. This research begins with a brief introduction about ASEAN‘s rules on membership admission followed by the practice of ASEAN with regard to membership admission and then a discussion about the effort of Timor Leste to become one of ASEAN member states. Keywords: membership, ASEAN charter, timor leste, law of international and regional organization I. INTRODUCTION South East Asia countries outside the The 1967 Bangkok Conference founding father states to join ASEAN who produced the Declaration of Bangkok, which wish to bind to the aims, principles and led to the establishment of ASEAN in August purposes of ASEAN. 8, 1967. The Declaration itself does not In 2004, Malaysia proposed the idea of specify the rules of admitting new member introducing ASEAN Charter to which was states, as it only says that, —the Association is formally adopted at the Eleventh ASEAN open for participation to all States in the Summit in 2005. ASEAN Charter was South-East Asian Region subscribing to the formally adopted by leaders in November 20, aforementioned aims, principles and 2007 and came into effect in December 15, purposes.“1 Therefore, it does not limit to any 1 ASEAN, —The Asean Declaration (Bangkok http://asean.org/the-asean-declaration-bangkok- Declaration)“, accessed OctoEer 4, 2017, < declaration-bangkok-8-august-1967> 74 | DOI: http://dx.doi.org/10.21776/ub.blj.2018.005.01.06 Brawijaya Law Journal Vol.5 No 1 (2018) Culture and Technological Influence in Regulation 2008.2 This adoption effectively provides the to endure in gaining its independence, it is legal personality of ASEAN as well as still not admitted as a permanent member perfecting its organs and mechanisms for state of ASEAN despite its formal operation. It is conveyed through Article 3 of application for ASEAN membership in ASEAN Charter explicitly that states, 2011.6 Still to this day, the admission of —ASEAN, as an intergovernmental Timor Leste as a member state of ASEAN organization, is hereby conferred legal after six years from its formal application personality“.3 Therefore, ASEAN effectively remains to have no solution despite its strong stipulates its legal power and binding towards urge to become one due to many its member states to ease the operation of implications. This is a stark contrast to the no ASEAN in conducting its functions. time-consuming admission of Cambodia, In comparison to the 1967 Laos, Myanmar, and Vietnam in the late Declaration of Bangkok, ASEAN Charter is 1990s.7 rules-based that specifically provides The case of Timor Leste‘s membership provisions in matters that were not found in admission to ASEAN prevails the issues of the Declaration. One of which is the matter of ASEA1‘s legal framework itself to which membership admission. It is stated in Article may be in conflict with its own advocacy of 6 (2) of ASEAN Charter that the admission determined to transform from an informal shall be based on the following criteria, such organization to a rules-based organization. as: Location in the recognized geographical This causes on-going the accession of Timor region of Southeast Asia; Recognition by all Leste that has no end until today. ASEAN Member States; Agreement to be This article aims to analyze the bound and to abide by the Charter; and admission process of Timor Leste in Ability and willingness to carry out the becoming a member state of ASEAN through obligations of Membership. the eyes of international organizational law in Although ASEAN is a prestige regional regards to the ASEAN Charter and other intergovernmental organization in Southeast ASEAN instruments. In emphasizing the Asia, it still excludes Timor Leste. The issues of ASEA1‘s legal framework above, people of Timor Leste declared its restoration the article follows to summarize the of independence in May 20, 2002, making its membership system of international nation to be world‘s newest nation.4 They organization. Subsequently, it discusses the initially rejected special autonomy from legal framework of ASEAN in regards to Indonesia, which led to its independence.5 membership admission in a lengthy detail With all the struggling that Timor Leste had that distinct the ASEAN Declaration and 2 /. /eviter, ”The ASEAN Charter: ASEAN Failure 5 ølNer *|khan ùen, Sovereignty Referendums in or 0emEer Failure"‘ (2010) 43 New York International and Constitutional Law, University Journal of International Law and (Switzerland: Springer International Publishing, Politics 159. 2015), 104. 3 ASEAN, —Asean Charter“, Article 3, accessed 6 Fina Astriana, Muhammad Arif, and Askabea September 4, 2017, Fadhilla, ”Rethinking the 3rocess for Timor- <http://www.asean.org/archive/publications/ASE /este‘s Application for ASEAN 0embership,‘ AN-Charter.pdf> (March 2016) 3 4 ASEAN Briefs 3, no. 4 (March 4 Macaluay, "Timor Leste: Newest and Poorest of 2016). Asian Nations" 7 Ibid. Windraskinasih, Afriansyah - The Struggle of Becoming the 11th Member State of ASEANå| 75 Brawijaya Law Journal Vol.5 No 1 (2018) Culture and Technological Influence in Regulation ASEAN Charter Era. Additionally, the article x Third Protocol Amending the Treaty also discusses the membership admission of Amity and Cooperation in case of CLMV. Afterwards, it provides Southeast Asia. (July 23, 2010). examination of the Timor /este‘s membership admission. To sum the main III. RESULTS AND DISCUSSIONS points of the article, conclusion and recommendations are provided at the end. Membership of International Organization In practice, membership principles are II. LEGAL MATERIALS AND METHODS grounded upon the purposes and aims of the This research begins with a brief international organization itself.8 Generally, introduction about ASEA1‘s rules on the principles of membership that are adopted membership admission followed by the by international organization mostly are practice of ASEAN with regard to universal principles and selective principle. membership admission and then a discussion International organization whom applies about the effort of Timor Leste to become on universality principle truly dedicate its work eof ASEAN member state. Legal materials to global-concerning matters, whether used in this research include: regarding to its wide and complex range of x ASEAN Declaration. (August 8, programs or to its specialized scopes within 1967) the international organization itself.9 In x Treaty of Amity and Cooperation in comparison, the selection principle Southeast Asia. (1976) establishes specific requirements concerning x Declaration on the Admission of the certain factors for its members to follow in /ao 3eople‘s Democratic Republic order to gain membership. into the Association of Southeast Furthermore, another principle of Asian Nations. (July 23, 1997). membership in international organization is x Declaration on the Admission of the the principle of geographical proximity. Union of Myanmar into the International organizations whom adhere to Association of Southeast Asian said principle tend to form regional or sub- Nations. (July 23, 1997) regional organizations in which the members x Second Protocol Amending the will be limited to states located within its own Treaty of Amity and Cooperation in territories. An example of international Southeast Asia. (July 25, 1998) organization whom applied this principle is x Declaration on the Admission of the ASEAN, a regional organization in Southeast Kingdom of Cambodia into the Asia with 10 members. States outside Association of Southeast Asian Southeast Asia region are not allowed to join, Nations. (April 30, 1999) such as Sri Lanka. This is explicitly declared x ASEAN Charter. (November 20, upon Article 6 (2) point a of ASEAN Charter 2007) to which admission of new members shall be based on the criteria of —location in the 8 Sri Setianingsih Suwardi, Pengantar Hukum 9 Sumaryo Suryokusumo, Pengantar Hukum Organisasi Internasional, (Jakarta: Penerbit Organisasi Internasional, (Jakarta: PT Tatanusa, Universitas Indonesia, 2004), 46 2007), 50 76 | Windraskinasih, Afriansyah - The Struggle of Becoming the 11th Member State of ASEANå Brawijaya Law Journal Vol.5 No 1 (2018) Culture and Technological Influence in Regulation recognized geographical region of Southeast theory can be understood that the founders of Asia.“10 international organization have the intention for the formation is underlined with legal ASEA1‘s Legal FrameworN of personality; therefore, it is valid to be Membership Admission considered into having international legal personality.
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