ASEAN SUMMIT VIS-À-VIS INDIA AND USA.

ASEAN SUMMIT VIS-À-VIS INDIA AND USA.
Dr.Debesh Bhowmik

On 18 November 2012: The ASEAN Heads of State/Government and the Secretary-General of ASEAN gathered at the Peace Palace, Phnom Penh, Cambodia, for the 21st ASEAN Summit.They prepared Roadmap for an ASEAN Community,and made Master Plan on ASEAN Connectivity, signed Phnom Penh Statement on the Adoption of ASEAN Human Rights Declaration, Exchange of View on Regional and International Issues, and issued Leaders’ Statement on the Establishment of an ASEAN Regional Mine Action Center (ARMAC).
ASEAN Leaders agreed to sign, following documents :
- Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration;
- ASEAN Human Rights Declaration (AHRD);
- ASEAN Leaders’ Joint Statement on the Establishment of an ASEAN Regional Mine Action Centre (ARMAC);
- Concept Paper on the Establishment of an ASEAN Regional Mine Action Centre (ARMAC)

Mr. Le Luong Minh, of Viet Nam, elected Secretary-General of ASEAN for 5 year term, January 2013 – December 2018. Leaders discussed the review and future direction of the ASEAN Plus Three cooperation and also exchanged views on regional and international issues which was 15th Anniversary of the APT Cooperation. Moreover, the Leaders took note of the Report of the East Asia Vision Group II, Memorandum No. 9 of the Network of East Asian Think-Tanks.They announced the joint statement of the APT Cooperation Work Plan, and the APT Plan of Action on Education: 2010-2017.For this,they cited the success stories of APT Cooperation, namely i) the “Workshop on APT Partnership on Connectivity” held on 15 June 2012 in Bangkok, Thailand; ii) the “APT Youth Leaders’ Symposium” held on 18-19 October 2012 in Phnom Penh, Cambodia; iii) the “APT Joint Cultural Performance: Unity in Diversity” held on 2-3 November 2012, in Siem Reap, Cambodia; and iv) the Track II Symposium on the Commemoration of the 15th  Anniversary of the APT Cooperation on 17-18 September 2012 in Beijing, China. The Leaders also welcomed the selection of Siem Reap City of Cambodia as the “Cultural City of East Asia 2012 within the framework of the ASEAN Plus Three” and the designation of the year 2012 as “Visit ASEAN Plus Three Year.”
The Heads of State/Government of the Member States of the Association of Southeast Asian Nations declared by oath are as follows:
REAFFIRMING our adherence to the purposes and principles of ASEAN as enshrined in the ASEAN Charter, in particular the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance;
REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties;
REAFFIRMING ALSO the importance of ASEAN’s efforts in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region;

CONVINCED that this Declaration will help establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process;
The brief of Their declarations can be classified as ,[i] dignity and rights. [ii]rights and freedom irrespective of race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.[iii] Every person is equal before the law.,[iv] The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable,[v] for  violating the rights granted to that person by the constitution or by law.,[vi] The enjoyment of human rights and fundamental freedoms must be balanced with the performance of corresponding duties,[vii] The human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others,[viii] objectivity, non-selectivity, non-discrimination, non-confrontation and avoidance of double standards and politicisation, should always be upheld,[ix] Every person has an inherent right to life which shall be protected by law.[x] No person shall be subject to arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty,[xi] No person shall be held in servitude or slavery in any of its forms,[xii] No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.,[xiii] Every person has the right to leave any country including his or her own, and to return to his or her country.,[xiv] Every person has the right to seek and receive asylum in another State in accordance with the laws ,[xv] No person shall be arbitrarily deprived of such nationality nor denied the right to change that nationality,[xvi] Men and women of full age have the right to marry on the basis of their free and full consent, to found a family and to dissolve a marriage, as prescribed by law.,[xvii] Every person charged with a criminal offence shall be presumed innocent until proved guilty according to law,[xviii] No person shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of each ASEAN Member State.,[xix] Every person has the right to the protection of the law against such interference or attacks,[xx] All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated,[xxi] Every person has the right to freedom of opinion and expression,[xxii] Every person has the right to freedom of peaceful assembly,[xxiii]every person has the right to participate in the government,[xxiii] Every citizen has the right to vote in periodic and genuine elections,[xxiv] ASEAN Member States affirm all the economic, social and cultural rights,[xxv] Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes for the unemployed,[xxvi] Every person has the right to form trade unions and join the trade union of his or her choice for the protection of his or her interests, in accordance with national laws and regulations,[xxvii] No child or any young person shall be subjected to economic and social exploitation,[xxviii] Every person has the right to an adequate standard of living for himself or herself and his or her family,[xxix] Every person has the right to the enjoyment of the highest attainable standard of physical, mental and reproductive health, to basic and affordable health-care services, and to have access to medical facilities,[xxx] The ASEAN Member States shall create a positive environment,[xxxi] Every person shall have the right to social security,[xxxii] Special protection should be accorded to mothers during a reasonable period,[xxxiii] Motherhood and childhood are entitled to special care and assistance,[xxxiv] Every person has the right to education,[xxxv]every person freely take part in cultural life, to enjoy the arts and the benefits of scientific progress,[xxxvi] ASEAN Member States should take steps, individually and through regional and international assistance and cooperation,[xxxvii]ASEAN members would guarantee the economic and social rights,[xxxviii] every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development,[xxxix] ASEAN Member States should adopt meaningful people-oriented and gender responsive development programmes aimed at poverty alleviation,[xxxx] ASEAN Member States share a common interest in and commitment to the promotion and protection of human rights and fundamental freedoms which shall be achieved through, inter alia, cooperation with one another as well as with relevant national, regional and international institutions/organizations,[xxxxi] Nothing in this Declaration may be interpreted as implying for any State, group or person any right to perform any act aimed at undermining the purposes and principles of ASEAN.

In this context,we can add one important forthcoming programme To mark the 20th anniversary of the ASEAN-India dialogue partnership and the 10th anniversary of ASEAN-India Summit-level partnership, India is hosting the ASEAN-India Commemorative Summit in New Delhi on December 20-21, 2012. The theme of the summit is ‘ASEAN-India Partnership for Peace and Shared Prosperity’. In maintaining the future direction of ASEAN-India relations, the ASEAN-India Commemorative Summit will be the culmination of  several events being organized in celebration of the partnership. These include a number of Ministerial level Meetings, people to people initiatives, B2B activities and cultural programmes both in India and the ASEAN countries.

Summit as a further step towards raising the ASEAN-US partnership to a strategic level,since ASEAN is the United States'fourth largest export market. At the meeting, the United States and ASEAN welcomed the launch of the US-ASEAN Expanded Economic Engagement (E3) initiative a new framework for economic cooperation designed to expand trade and investment ties between the United States and ASEAN, creating new business opportunities and jobs in all eleven countries and endorsed the cooperation on science and technology in a new dimension. Besides, leaders discussed the importance of building the role and influence of the East Asia Summit so that it can effectively address pressing political and strategic issues in the region and they also discussed the importance of putting mechanisms and processes in place to peacefully manage disputes over competing claims in the South China Sea. "In this context, they expressed support for the ASEAN Foreign Ministers'Statement on "Six-Point Principles on the South China Sea" and called for early conclusion of a Regional Code of Conduct," it said.
At the meeting, the US government announced the creation of the Expanded ASEAN Seafarer's Training (EAST) program to improve counter-piracy training and education in the region.  
The ASEAN region is home to over half of the world's seafaring workers, it said, adding that the program, administered by the Maritime Administration under US Department of Transportation, will be expanded from its current pilot phase working with the Philippines.  
Meanwhile, to further enhance cooperation confronting the shared challenge of piracy, Washington announced its intention to join the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against ships in Asia.

Japanese Prime Minister Yoshihiko Noda, after meeting the ASEAN leaders, warned that a row over the South China Sea and West Philippine Sea could directly influence “peace and stability” in Asia. Other ASEAN members Vietnam, Malaysia and Brunei, as well as Taiwan, have claims to parts of the sea, which is home to some of the world’s most important shipping lanes and believed to be rich in fossil fuels. But China insists it has sovereign rights to virtually all of South China Sea and West Philippine Sea. Tensions have risen steadily over the past two years, with the Philippines and Vietnam accusing China of increasingly aggressive tactics to stake its claims. Tensions could rise further on US President Barack Obama’s arrival to join the East Asia Summit.Obama had previously angered China, and emboldened the Philippines, by calling for the rival claimants to agree on a legally binding code of conduct to govern their actions over the sea.

Lastly,the strategic role of Japan,USA, and China in the ASEAN+3 is quite important in economic dominance as well as political supremacy where India’s role as dialogue partner is becoming fade which leads India less integrated motivation since the concept of ASEAN+3 rejecting the hypothesis of ASEAN+4 turned a painfull solution of Asian integration in which USA’s role is vital and pivotal.