The draft charter will be discussed for approval at the ASEAN Summit slated for November and will be adopted by member countries by the end of 2008.

The draft charter was made by the members of the Eminent Person's Group (EPG), including top former and incumbent ASEAN officials. In December, 2006, EPG gave a series of proposals on the ASEAN charter with a focus on the establishment of the ASEAN Council to replace it with the ASEAN Summit as the most powerful organisation. The charter also touches upon a number of key issues related to ASEAN’s goals and basic principles, especially those on decision-making, members, the organisation of ASEAN apparatus in the future, and the role of ASEAN President and General Secretary. EPG proposed strong measures aimed at turning ASEAN into a closer organisation.

According to ASEAN General Secretary Keng Yong, the ASEAN charter will not stipulate sanctions on member countries but ASEAN will seek measures to resolve issues affecting the bloc’s position by allowing leaders to take practical actions in the event of non-adherence to ASEAN rules.

In the 40-year history of existence and development, ASEAN issued many declarations and agreements while lacking regulations to implement them.

Under the ASEAN charter, member countries will vote and take the majority of votes to make joint decisions on inner bloc related issues without applying the form of unanimity as they did before. Therefore, The new charter will turn ASEAN into a united bloc under the law like the EU’s operations.

The ASEAN charter gives top priority to free trade and economic integration. It also calls for the establishment of a fund with a view to narrowing the gap of economic development among member countries and asking them to present a common view amidst the threat of security and issues beyond the border including terrorism. However, there have been differences in a number of articles stipulated in the charter. For instance, the Philippines said that the establishment of an ASEAN Human Rights Committee will make the organization more reliable in the international community while Myanmar strongly protested against.

The promulgation of the ASEAN Charter for the time being is a requirement stemming from the rapid development of the bloc and as well as from challenges of globalisation. Being a gateway to the Asian mainland and a bridge between East Asia and South Asia, ASEAN has performed a leading role in boosting interregional cooperative relations. This was demonstrated through a framework agreement on comprehensive economic cooperation with China, inter-regional relations under the ASEAN+3 cooperative framework and a series of agreements signed by ASEAN, Japan, India and the Republic of Korea.

Over the past few years, some ASEAN countries with higher levels of development signed bilateral agreements with other economic powers in the world. However, to reach the target of developing ASEAN into a real community by 2015, there is nothing better than reinforcing the inner bloc’s strength, bridging the development gap between member countries and properly dealing with ASEAN-related issues during the globalisation process.