Your Excellencies,
We, the undersigned digital policy groups, consumer rights organizations, civil society networks, labor organizations, and public interest advocates from ASEAN Member States (AMS), write to express our deep concern and disappointment at the lack of public participation, transparency, and open government processes in the ongoing negotiations of the Digital Economy Framework Agreement (DEFA).
DEFA will shape the regulatory, economic, and social landscape of ASEAN, with far-reaching implications for domestic digital regulations, standards, and safeguards, as well as a wide range of other laws and regulations, including health and environment. Yet the negotiation process remains closed to the public.
Citizens across ASEAN have a right to know what is being negotiated on their behalf. Domestic legislative processes within AMS allow for public scrutiny and parliamentary oversight. There is no justification for treating DEFA, which may directly constrain or preempt national regulations, with less openness than domestic lawmaking. ASEAN Member States must remain publicly accountable for the negotiating positions they take on behalf of their citizens. Shielding those positions from public scrutiny undermines ASEAN’s stated commitment to a “people-oriented, people-centered ASEAN” and principles of open, accountable governance.
Several international negotiation processes, all of which include ASEAN Member countries, have demonstrated greater openness to civil society than the negotiations on DEFA. For example:
● The World Trade Organization (WTO): Includes negotiations on e-commerce, such as customs duties on electronic transmissions, also addressed in DEFA. Submissions by Member States, offers, consolidated negotiating texts, and reports by committee chairs are published online for public access, even though the WTO is often criticized for insufficient transparency.
● World Intellectual Property Organization (WIPO): Negotiates intellectual property rules and covers issues like trade secret protection for source code, which is also on the DEFA agenda. Draft negotiating documents are being released throughout the process, and negotiations and meetings are public and webcast.
● Regional Comprehensive Economic Partnership (RCEP): Includes an ecommerce chapter, which allows for more policy space to avoid having the rules prevent appropriate regulation as conditions and circumstances change, given the rapid and unpredictable evolution of digital technologies. During RCEP negotiating rounds, stakeholder consultations of civil society stakeholders were held, including when the rounds were hosted by ASEAN countries.
These examples demonstrate that it is both possible and desirable to conduct international negotiations with transparency, structured public participation, and accountability, and it has been done by ASEAN in the past in negotiations on equivalent issues.
Without transparency, there can be no meaningful engagement of ASEAN civil society. At a minimum, ASEAN should promptly and regularly publish:
● The negotiating mandate adopted by ASEAN
● The initial position papers tabled by the AMS
● Any further submissions by AMS in the course of the negotiations that detail or explain their positions
● Draft and final versions of individual chapters, as well as the whole agreement, before it is concluded and signed, including unbracketed text and negotiating positions for text that is bracketed as they evolve.
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● The full study on DEFA, prepared by the Boston Consulting Group, with the support of the Australian Government (including the methodology used to calculate the projected $1 trillion in gains and the assumptions used in these calculations), which is being used to guide the negotiations.
If ASEAN is serious about openness and engagement, it should also proactively release: ● All written communications between the ASEAN Secretariat and AMS on DEFA. ● Agendas and minutes of meetings between the ASEAN and the AMS.
● All written communications between the ASEAN Secretariat and third parties –including industry and lobby organizations, as well as notes from any stakeholder events.
● All agendas and minutes of meetings with third parties, including industry and lobby organizations on this issue.
Such disclosures are not extraordinary; they are standard practice in transparent, rules-based governance and safeguard against errors, undue influence, and risks that may not be apparent to negotiators and governments. They would allow the public to assess outcomes and provide informed recommendations in the ASEAN public interest that are not apparent by merely consulting the private sector.
We are calling on you to immediately:
● Open the negotiation process to the public by making public all negotiating texts and submissions.
● Establish a formal and structured mechanism for civil society, consumer groups, labor organizations, and independent experts to participate meaningfully.
● Hold public consultations at both ASEAN and national levels at each stage of negotiations before any draft is finalized and after to ensure continuous, informed dialogue with stakeholders.
Excellencies,
The DEFA negotiations will shape the region’s digital governance for decades to come. ASEAN has an opportunity to demonstrate leadership by adopting an inclusive, transparent, and accountable approach that aligns with the region’s values.
With this letter, we would like to restate our call for openness, public accountability, and meaningful engagement of civil society in DEFA. We also respectfully request a meeting with the ASEAN Secretariat and AMS negotiators to discuss how structured stakeholder participation and regular public consultations can be operationalized without delay.
We await your response and stand ready to work constructively to ensure that DEFA truly serves the people of ASEAN.
With respect and urgency,
| Organisation | ASEAN country |
| Center for Alliance of Labor and Human Rights (CENTRAL) | Cambodia |
| People’s Action for Development Organization | Cambodia |
| CELIOS | Indonesia |
| ELSAM (The Institute for Policy Research and Advocacy) | Indonesia |
| FIAN Indonesia | Indonesia |
| Indonesia for Global Justice (IGJ) | Indonesia |
| Indonesia Peasants’ Union (SPI) | Indonesia |
| Koalisi Masyarakat Sipil untuk Keadilan Ekonomi | Indonesia |
| Southeast Asia Freedom of Expression Network (SAFEnet) | Indonesia |
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| Organisation | ASEAN country |
| The Federation of Pharmaceutical and Health Workers Union | Indonesia |
| Agora Society Malaysia | Malaysia |
| Consumers’ Association of Penang | Malaysia |
| Engineers Without Borders Malaysia | Malaysia |
| Environmental Protection Society Malaysia | Malaysia |
| Federation of Malaysian Consumers Associations FOMCA | Malaysia |
| G25 Malaysia | Malaysia |
| Gerakan Ekonomi Malaysia | Malaysia |
| Malaysian AIDS Council (MAC) | Malaysia |
| Malaysian Digital Consumers Association | Malaysia |
| Malaysian Food Sovereignty Forum (FKMM) | Malaysia |
| Malaysian Paddy Farmers Solidarity Association (PeSAWAH) | Malaysia |
| Malaysian Women’s Action for Tobacco Control and Health | Malaysia |
| Monitoring Sustainability of Globalisation (MSN) | Malaysia |
| North South Initiative | Malaysia |
| Pertubuhan Jaringan Kebajikan Komuniti | Malaysia |
| Positive Malaysian Treatment Access & Advocacy Group | Malaysia |
| Pusat KOMAS | Malaysia |
| Sahabat Alam Malaysia (SAM) | Malaysia |
| Treat Every Environment Special Sdn Bhd | Malaysia |
| Myanmar Internet Project | Myanmar |
| Foundation for Media Alternatives | Philippines |
| IBON International | Philippines |
| In Defense of Human Rights and Dignity Movement (iDEFEND) | Philippines |
| Initiatives for Dialogue and Empowerment through Alternative Legal Services (IDEALS) | Philippines |
| Labor Education and Research Network | Philippines |
| Peoples Alternative Study Center for Research and Education in Social Development (PASCRES) | Philippines |
| Public Services Labor Independent Confederation (PSLINK) | Philippines |
| Sentro ng mga Nagkakaisa at Progresibong Manggagawa | Philippines |
| Trade Justice Pilipinas | Philippines |
| WomanHealth Philippines | Philippines |
| Knowledge for Development Foundation | Thailand |
| Thai Network of People Living with HIV/AIDS | Thailand |
| Asian Forum for Human Rights and Development (FORUM-ASIA) | Regional |
| EngageMedia | Regional |
| Focus on the Global South | Regional |
| Public Services International (Asia Pacific) | Regional |
| Tech Global Institute | Global |
| Third World Network | Global |