Deriving from its foundation, ASEAN has developed a means of functioning referred to as the “ASEAN Way”. The key characteristics of the “ASEAN Way” may be summarised as follows:
- Non-interference in the domestic affairs of member states;
- Decision by consensus;
- Avoidance of building institutions or developing legally binding instruments which are rigid and restrict the freedom of member states to act according to their perceived national interest;
- A preference for informality, leading to non-binding declarations and plans of action.
This “ASEAN Way” of conducting business goes some way to explaining why ASEAN’s engagement on human rights has been limited over its 43 year history. 1