Page 37 - The Ethics of ASEAN
P. 37

A Model of ASEAN Ethics


                    A term used today representing rules-based ethics in international policy is  “Rules
                 Based Order” (RBO). The United Nations is considered the leading institution representing
                 RBO but there many others. 17

                      As demonstrated since the formation of the United Nations following
                      the Second World War, a rules-based international order is the only
                      alternative to international  coercion by competing great powers,
                      spheres  of  influence,  client  states  and  terrorist  organisations.
                      Moreover, global development through the achievement of the
                      sustainable development goals (SDGs) can only occur within a rules-
                      based international  system based on commitment  and respect.
                      An effective rules-based international order depends largely on
                      the professionalism and neutrality of the United Nations, and
                      the  effectiveness  of  the  United  Nations  depends  mostly  on  the
                      commitment by its Member States.


                 The first foundational declaration of the United Nations is the Declaration of Human Rights
                 proclaimed in 1948. Although ASEAN was founded nearly twenty years later, it took quite
                 some time before its own declaration of human rights was agreed to in 2012. The ASEAN
                 version has forty articles compared to the UN’s thirty. Included are many of the same rights
                 as in the UN declaration but you also see human development ethics such as “the right to
                 work in just, decent and favourable conditions” and encouragement of Member States to
                 adopt development programmes.
                    Having rules-based ethics in ASEAN does not mean, however, that all ASEAN member
                 states enforce them in their individual countries.  The ASEAN human rights declaration
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                 leaves the door open for its Member States to ignore implementation of the rules,
                 representing a very different setup compared to the European Union whose declarations
                 apply to all members and are enforced by powerful institutions.
                    An important test case of ASEAN rules-based ethics came in 2020 when the Myanmar
                 military Tatmadaw arrested leaders of a democratically elected government, fired on
                 peaceful protesters killing more than a thousand, banned or jailed reporters and tortured
                 prisoners. This triggered an intense debate about the ASEAN ethic of non-interference and
                 in 2021, for the very first time, Myanmar was not invited to the ASEAN Summit even though it
                 is a Member State. It sent a message that ASEAN rules-based ethics cannot be completely
                 disregarded. How this prioritisation of a rules-based ethical action over the virtue ethic of
                 non-interference plays out in ASEAN was not clear at the time of writing this book.


                 ASEAN’s Results-Based ethics
                 As a philosophical category, results-based ethics do not generally enjoy the prestige
                 of virtue ethics and rules-based ethics. Called “utilitarianism” as formulated by Jeremy

                 17  The United Nations and the Rules-Based International Order published in 2016 by the United Nations Association
                   of Australia https://www.unaa.org.au/wp-content/uploads/2015/07/UNAA_RulesBasedOrder_ARTweb3.pdf
                   retrieved 1 February 2022.
                 18  The ASEAN Human Rights declaration can be found here https://asean.org/asean-human-rights-declaration/
                   downloaded 10 February 2022

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