THE UNIVERSITY OF HULL THE EFFECTS OF THE ASEAN NON-INTERFERENCE PRINCIPLE IN MANAGING CONFLICT : THE MALAYSIAN EXPERIENCE (1981-2003) being a Thesis submitted for the degree of Doctor of Philosophy (Politics) University of Hull By MUHAMMAD FUAD OTHMAN FEBRUARY 2012 ACKNOWLEDGEMENT I am extremely thankful to my supervisor, Dr. Thomas M. Kane, whose encouragement, guidance and support from the initial to the final stage enabled me to understand and go through this research. Without his invaluable support, this thesis would be very hard for its completion. My deepest thanks to the Vice Chancellor of UUM, Prof. Dato’ Dr Mohamed Mustafa Ishak and the University for guiding and giving the finance throughout my studies. The same goes to the Malaysian Public Services Department that sponsored my fee which without it, the research could not have been done. Most of all, my appreciation goes to my parents Hj Othman and Hjh Maimunah, my lovely wife Wan Norhashima Wan Min and my children, Hannan, Haikal, Hazim, Huda and Hana whom had gone through thick and thin together. My heart and my tears will always be with them. Muhammad Fuad Othman 62 Pendrill Street Hull England February 2012 i ABSTRACT The aim of this thesis is to examine the effects of ASEAN’s non-interference principle towards managing conflicts, with special reference to Malaysia during Tun Dr Mahathir Mohamad’s premiership from 1981-2003. The core of the study focuses on the genesis of this principle, Malaysia’s understanding of the principle and the effects that this doctrine has towards managing inter and intrastate political and security conflicts. To elaborate on these focal points, five objectives are set in order to reveal the background behind the principle of non-interference, the effects that it had on Malaysia and the reasons why Malaysia should try to amend this principle for the betterment of the country specifically and for ASEAN as a whole. The results of this study reveal that Malaysia has been affected by the implementation of this principle; however, the complex composition of her citizenry and the embedded preferential treatment policy towards the Bumiputeras has stopped Malaysia from altering its support towards the principle in order to make Malaysia and ASEAN, as a whole, more relevant. Firstly, it is revealed that every country in ASEAN has their own reasons behind the embracement of this principle, which makes it difficult for them to change such their perceptions. The history behind the establishment of ASEAN and the nature of the Association itself means it is in the best interest of every member state that the principle should be protected. Secondly, many events have challenged this principle, thus giving the opportunity for member states to rethink their position towards their adherence to the principle. The Asian financial crisis, the Haze problem, the Myanmar factor, and intrastate conflicts in Thailand and the Philippines have asked considerable questions about the effectiveness of this principle in managing regional crises. Thirdly, it is discussed that Malaysia does not have an official interpretation of what constitutes non-interference, thus making it hard for the administration to act decisively and consistently. This has resulted in inconsistency in policy implementation, the inability to resolve regional conflicts and the humiliation that the administration faced as a result of inaction. Furthermore, the revelation that Anwar Ibrahim acted alone in proposing the amendments towards the principle explains Malaysia’s hesitance towards any modification of the principle. Fourthly, it is explained that Malaysia historically has been a major player in the region and contributed towards shaping and influencing ASEAN policy making. However, domestic politics and leadership style remain as ambiguous barriers to making a push toward altering the non-interference principle. Finally, the report card on managing regional conflicts, especially when it involves political and security issues, is of some concern, thus making it vital that this principle should be modified to suit today’s challenges. This study proposes a number of reforms to make Malaysia and ASEAN, as a whole, more relevant in facing regional challenges. It is hoped that the study will enlighten the public on the non-interference principle and create awareness and understanding of regional politics. ii TABLE OF CONTENTS Acknowledgement i Abstract ii Table of Contents iii List of Tables xi Abbreviations iv CHAPTER 1 : The Effects of the ASEAN Non-interference Principle in Managing Conflict: The Malaysian Experience (1981-2003) Table of Contents 1.0 Introduction 4 1.1 Research background 7 1.2 Problem statement 9 1.3 Research objectives 11 1.4 Theoretical Framework and Definition of concepts 1.4.1 Non-interference 14 1.4.2 The ASEAN Way 16 1.4.3 Constructive intervention 21 1.4.4 Conflict 25 1.4.5 Democratic Peace Thesis 28 1.5 ASEAN and the non-interference policy 29 1.5.1 Brief History 29 1.6 Operational Definition of the ASEAN non-interference principle 32 1.7 Literature review 37 1.8 Methodology 41 1.9 Limitation of Study 45 iii 1.10 Chapter outline 46 CHAPTER TWO : THE HISTORY, DEVELOPMENT AND THE MEMBERSHIP ENLARGEMENT OF ASEAN Table of Contents Introduction 50 2.1 The History and Development of ASEAN 53 2.1.1 The establishment of ASEAN 53 2.1.2 The ASEAN Expansion Process 57 2.1.3 Brunei 60 2.1.4 Vietnam 61 2.1.5 Myanmar 63 2.1.6 Laos 67 2.1.7 Cambodia 69 2.2 ASEAN Membership Benefits 73 2.2.1 Political and Security 74 2.2.2 ASEAN Regional Forum 77 2.2.3Economy and Trade 79 2.2.4 Cultural and Community 82 2.3 Conclusion 85 iv CHAPTER THREE: THE EVOLUTION OF THE NON-INTERFERENCE PRINCIPLE AND REGIONAL CHALLENGES Table of Contents Introduction 89 3.0 The Evolution of ASEAN Non-interference Principle 90 3.1.0 The Declaration of Zone of Peace, Freedom and Neutrality 96 3.2 The Treaty of Amity and Cooperation 99 3.2.1 Why Non-interference has been Embraced 104 3.2.2 Malaysian Politics and Its Affirmative Action Policy 104 3.3.3 Thailand Politics and Its Southern Muslims. 104 3.3.4 Singapore Politics 110 3.3.5 ASEAN Countries Diverse Background 112 3.3 Regional Events That Questioned the Principle 114 3.3.1 Asian Financial Crisis of 1997 115 3.3.2 Haze Pollution 119 3.3.3 SARS 121 3.3.4 Myanmar 122 3.4 Attempts to Change Non-interference Principle 127 3.5 Conclusion 132 v CHAPTER FOUR: MALAYSIA AND ITS INVOLVEMENT IN INTERNATIONAL AND REGIONAL COOPERATION 4.0 Introduction 137 4.1 A Brief History of Malaysia 138 4.2 Malaysian Foreign Policy 141 4.2.1 Tunku’s Era 142 - Challenges during Tunku’s Time 144 4.2.2 Tun Razak’s Era 145 - Razak and China 146 - Tun Razak and OIC 147 - Tun Razak and Zopfan 148 4.2.3 Tun Hussein Onn’s Era 149 - Tun Hussein and Regional Issues 150 4.2.4 Tun Mahathir Mohamad’s Era 153 - My Way 155 - Mahathir and ASEAN 158 - Mahathir’s EAEC 160 - Mahathir and Islam 162 4.3 Conclusion 163 vi CHAPTER FIVE: CHALLENGES TO MALAYSIAN FOREIGN POLICY AND UPHOLDING THE NON-INTERFERENCE PRINCIPLE DURING MAHATHIR’S RULE 5.0 Introduction 169 5.1 Orientation In Malaysian Foreign Policy During Mahathir Mohamad 170 5.1.1 - Trade and Economy 170 5.1.2- Mahathir’s Right Islam 175 5.1.3 Regional Cooperation and South vs. North 177 5.2 Challenges to Malaysian Regional Policy During Mahathir’s Era 184 5.2.1- Border Conflicts 184 - Malaysia-Thailand and the Patani Problem 185 - Malaysia-Indonesia and The Acheh / East Timor Problem 186 - Malaysia-Philippines and the Moro Problem 187 - Malaysia-Singapore relations 188 5.2.2- Mahathir ASEAN Expansionism 189 - Mahathir and Myanmar 191 5.3 Conclusion 193 vii CHAPTER SIX: MALAYSIAN DOMESTIC POLITICS AND ITS INFLUENCE ON INTERNATIONAL AFFAIRS 6.0 Introduction 200 6.1 Malaysia’s Understanding and the Practice of the Non-interference Principle 201 6.1.1 Was there an official definition of Non-interference? 198 i- A Policy without a Policy 205 6.1.2 How did Malaysia Operate Without a definition? 211 i- Leadership style 212 ii- Why should ASEAN Interfere? 217 6.1.3 What were the effects of such a position? 220 i- Inconsistency in policy 220 ii- Inability to resolve conflicts 221 iii- Malaysian credibility has been challenge 223 iv- Cooperation and not Interference 225 6.2 Non-interference Principle in Security-political matters 227 6.2.1 Internal Security and Political Affairs 226 6.2.2 When does internal become regional/ transnational? 232 i- When the problem becomes uncontainable 232 ii- When there is a clear sign that massive human lives have been lost 232 iii- When the issue touches the sensitivity of the Malays and Islam in Malaysia. 233 6.3 Malaysian internal political baggage 234 6.3.1 The Politics of Ethnicity and Religion 237 6.3.2 Sensitive issues of Royalty, Privilege and Language 239 6.3.3 Domestic Politics Influences International/ viii Regional Affairs 242 6.4 Was Anwar Acting Alone? 243 6.5 Conclusion 245 CHAPTER SEVEN: MALAYSIA AND THE NON-INTERFERENCE PRINCIPLE REVISITED: MAKING ASEAN RELEVANT 7.0 Introduction 250 7.1 Malaysia as a Regional Player 251 7.1.1 Can Malaysia Lead the Way? 252 7.1.2 Will Malaysia Change and Lead the Way? 254 7.2 The Non-interference Principle Report Card 256 7.2.1 Contribution to Regional Peace and Security 258 7.2.2 Hindrance to Finding Conflict Resolution 262 7.3 Circumstances for Possible Interference 265 7.3.1 Gross Negligence on Basic Human Rights 265 7.3.2 Conflict Containment 267 7.3.3 To Uphold the Principle of Democracy 268 7.4 ASEAN Constitutional Reform 269 7.4.1 The African Union Model 270 7.4.2 ASEAN’s Lost Opportunities 272 7.4.3 Proposals- What kind of interference and who determines? 274 i- Stage One 276 ii- Stage Two 276 7.5 Conclusion 278 ix CONCLUSION: The Effects of the ASEAN Non-interference Principle in Managing Conflict: The Malaysian Experience (1981-2003) Research Objectives 8.1 To examine why ASEAN member states readily accepted the non-interference policy as a norm of relations between member states.