A ‘People-Oriented’ ASEAN: Rhetoric and Reality KELLY GERARD 10209581 BA(Hons)/BEcon, University of Western Australia, 2008 This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia School of Social Sciences (Political Science and International Relations) 2013 ii Abstract In the period of reform following the regional financial crisis of 1997, ASEAN officials committed to widening participation in ASEAN’s policymaking practices. This rhetorical shift gained more concrete forms from the mid-2000s when ASEAN established new participatory mechanisms for civil society organizations (CSOs), and officials also began interacting with CSOs through external forums. This appeal to widen participation signalled an abrupt shift from ASEAN’s previous style of regional governance, characterized by closed-door meetings and tacit agreements among leaders. This shift in ASEAN practice mirrors developments in other regional/global governance institutions where officials have increasingly engaged CSOs in policymaking. It comprises one aspect of an ongoing reform agenda that has seen ASEAN substantially increase its regional integration activities. However, despite ASEAN’s commitments to more inclusive political structures, CSOs remain largely ineffective in their efforts to influence official processes. Missing from studies of ASEAN-CSO relations as well as the broader literature is recognition that different systems of structuring civil society participation produce varying opportunities for CSOs to influence official processes. Consequently, this thesis applies the modes of political participation framework to explain why ASEAN has engaged CSOs and the form that this engagement has taken. The thesis argues that ASEAN’s shift to engage CSOs functions as a political technology by harnessing support for ASEAN’s reform agenda through its promotion of an inclusive approach to policy formation, while including those interests that are amenable to its reform agenda and marginalizing non- compatible interests. These findings suggest that the broader shift to engage CSOs in regional/global governance institutions should be viewed as creating sites for contestation rather than having an implicit democratizing function. iii iv Candidate’s Declaration Having completed my course of study and research towards the degree of Doctor of Philosophy, I hereby submit my thesis for examination in accordance with the regulations and declare that: • The thesis is my own composition, all sources have been acknowledged and my contribution is clearly identified in the thesis. • This thesis contains work under review for publication: the content of Chapter 6 has been reproduced as a journal article, currently under review at The Pacific Review, and the content of Chapters 3 and 4 has been reproduced as a journal article currently under review at Globalizations. • The thesis has been substantially completed during the course of enrolment in this degree at UWA and has not previously been accepted for a degree at this or another institution. v vi Acknowledgements My sincere thanks go to my supervisors, Jie Chen and Mark Beeson, for their support and guidance over the course of my candidature. My appreciation also goes to the other members of staff in the Discipline of Politics and International Relations at the University of Western Australia for their comments and feedback on the project over its development. The friendly assistance of Linley Hill also made the administrative side of the project much smoother. This project was made possible through funding from the Australian Commonwealth Government and the University of Western Australia. This project also would not have eventuated without the contribution of the interviewees, for whom I am indebted to. I thank all the staff and postgraduate students at the Asia Research Centre, Murdoch University, which has become my second home over the past two years. Sincere thanks must go to Shahar Hameiri of the Asia Research Centre, and Lee Jones, of Queen Mary, University of London. In offering me the position of research assistant on their joint project, they granted me the opportunity to learn about the intricacies of publishing, which has been an invaluable experience. I also thank them for their insights into my research, which bears their scholarly imprint. Finally, I must acknowledge the support of friends and family over the past three years and nine months. I am most grateful to Sky Croeser, Shae Garwood and Michelle Hackett of the Bluestocking Institute; fellow postgraduates Will Lee and Fujian Li; and life-long ally Jacob Berson. A special thank you to my tutor and mentor, Ernest Koh of Monash University, who encouraged me to undertake a PhD all those years ago. Considerable appreciation must go to my parents and sisters, for fostering my eagerness to learn. To my grandfather, a schoolteacher from Labuan, who would have appreciated this achievement as much as I do. And to Chris, for supporting me tirelessly over this journey. vii viii Contents List of Figures xi List of Tables xi List of Abbreviations xii Introduction 1 A ‘people-oriented’ ASEAN? 1 CSO involvement in regional/global governance: explaining how and why 3 Outline of the thesis 12 Chapter 1 14 Civil Society Participation in Regional and Global Governance Institutions: Explaining How and Why 14 Introduction 14 Contested concepts: civil society and governance 15 How have regional/global governance institutions engaged CSOs? 21 Why have regional/global governance institutions engaged CSOs? 29 The perks and perils of CSO participation in policymaking 32 Theorizing the inclusion of CSOs in regional/global governance institutions 38 A critical political economy framework for analysing civil society participation in regional/global governance institutions 44 Conclusion 47 Chapter 2 48 ASEAN: From a Security Agreement to a Community 48 Introduction 48 Regionalism and the emergence of the ASEAN project 49 The post-crisis ASEAN: an emerging regulatory framework 60 Domestic political reforms and a ‘people-oriented’ community 71 Conclusion 77 Chapter 3 80 Southeast Asian CSOs: Expanding, Collaborating and Targeting ASEAN 80 Introduction 80 The development of civil societies in Southeast Asia 81 Cross-border collaboration and the regionalization of activism 92 ix The challenge of diversity 100 Solidarity for Asian People’s Advocacy: leading ASEAN engagement 105 Conclusion 109 Chapter 4 111 CSO Participation in ASEAN-Established Spaces 111 Introduction 111 CSO affiliation 112 Ad hoc consultations 118 GO-NGO annual forums 129 Conclusion 133 Chapter 5 136 CSO Participation in ASEAN-Recognised Spaces 136 Introduction 136 The ASEAN-ISIS network and the ASEAN People’s Assembly 137 The ASEAN Civil Society Conference 152 The Regional Tripartite Social Dialogue for Growth, Employment and Sound Industrial Relations 164 ASEAN-ISIS Colloquium on Human Rights and the Dialogue on Democracy and ASEAN Integration 169 Conclusion 171 Chapter 6 175 CSO Participation in ‘Created Spaces’ 175 Introduction 175 Parallel activities 176 Protests 180 Production and dissemination of critical knowledge 183 Targeting other regional/global governance institutions 186 Conclusion 191 Conclusion 193 ASEAN’s engagement of civil society: managing dissent 193 References 202 Appendices 224 Appendix 1 224 x List of Figures Figure 1: Modes of Political Participation ................................................................................ 45 List of Tables Table 1: CSO Participation in Five Regional/Global Governance Institutions 21 Table 2: EPG Recommendations Regarding CSO Participation in ASEAN 120 Table 3: The ASEAN Charter's References to CSO Participation in ASEAN 124 Table 4: ASEAN People's Assemblies, 2000-9 143 Table 5: ASEAN Civil Society Conferences, 2005-12 152 Table 6: Regional Tripartite Social Dialogue for Growth, Employment and Sound Industrial Relations, 2009-11 166 xi List of Abbreviations ABAC ASEAN Business Advisory Council ACE ASEAN Confederation of Employers ACMW ASEAN Committee on the Implementation of the ASEAN Declaration on the Promotion and Protection of the Rights of Migrant Workers ACSC ASEAN Civil Society Conference ACWC ASEAN Committee on the Promotion and Protection of the Rights of Women and Children ADB Asian Development Bank AEC ASEAN Economic Community AEPF Asia-Europe People’s Forum AFA Asian Farmer’s Association AFTA ASEAN Free Trade Area AHRD ASEAN Human Rights Declaration AIA ASEAN Investment Area AICHR ASEAN Intergovernmental Commission on Human Rights AICOHR ASEAN-ISIS Colloquium on Human Rights AIPO ASEAN Inter-Parliamentary Organization ALTSEAN-Burma Alternative ASEAN Network on Burma AMMTC ASEAN Ministerial Meeting on Transnational Crime APA ASEAN People’s Assembly APEC Asia Pacific Economic Cooperation APF ASEAN People’s Forum APRN Asia-Pacific Research Network APRRN Asia Pacific Refugee Rights Network APSC ASEAN Political-Security Community ARENA Asian Regional Exchange for New Alternatives ASCC ASEAN Socio-Cultural Community ASEAN Association of Southeast Asian Nations ASEANAPOL Annual Conference of ASEAN Chiefs of Police ASEAN-ISIS ASEAN Institute of Strategic and International Studies ASEF Asia-Europe Foundation ASEM Asia-Europe Meeting ASETUC ASEAN Services Trade Union Council AsiaDHRRA Asian Partnership for the Development of Human Resources in Rural Asia ASEAN SLOM ASEAN Senior Labour Officials Meeting AU African Union BDIPSS Brunei Darussalam Institute of Policy and Strategic Studies BWI Building