Chronology of Events of AIT Charter

Asian Institute of Technology

AIT CHARTER

Chronology of Events

(updated, October 2012)

 

§ 2004 – 2005: Under the leadership of H.E. Mr. Anand Panyarachun, former Chairman of the

Board, discussions are renewed with the Thai Ministry of Foreign Affairs to reaffirm the

international status of AIT in relation with issues such as the renewal of the land lease of AIT.

 

§ Board of Trustees, 25 April 2005: Thailand informs AIT of a coming new legislation on

intergovernmental organizations, which would provide a framework under which the international

status of AIT could be reaffirmed

 

§ Executive Committee, 27 March 2006: AIT presents its new Strategic Development Plan which

focuses among other issues on ownership and governance, two issues of strategic importance in

relation with the international status of AIT in light of the lack of core funding of the institute and

it’s somewhat fuzzy current model of ownership. The Executive Committee provides significant

comments on those issues. Members of the AIT community, alumni and friends of AIT, as well as

former senior administrators and faculty members also had an opportunity to provide their

comments and feedback. The Executive Committee encouraged the administration to proceed

further with the steps required to reaffirm the international status and to start the process of

approaching governments.

 

§ Board of Trustees, 27 April 2006: The further revised Strategic Development Plan is presented

to the Board, which stressed that any new ownership and governance structure can only succeed if

adequately supported by partner governments. The Chairman of the Board noted at the meeting

that it is important that governments provide their official inputs on the draft which would make

the task easier.

 

§ Donors Meeting, 7 and 8 June 2006: Key partners and donors discussed the Strategic

Development Plan. ASEAN, as an international organization with a regional relevance, was

suggested as a framework from which key support could be obtained. The repackaging of request

for core funding into strategic initiative for the long term development of the Institute was

recommended.

 

§ Brainstorming meeting, 19 June 2006: The meeting was held on 19 June 2006 between

representatives from the Ministry of Foreign Affairs and Sweden, Republic of Korea, Pakistan,

Laos, Sri Lanka, Indonesia, and Vietnam to discuss “AIT's International Organization Status”.

The Thai government recognizes AIT as a success showcase of international collaboration, and

the Ministry of Foreign Affairs offered to assist in any manner that would facilitate the operations

of AIT.

 

§ Executive Committee 26 June 2006: The Executive Committee recommended that AIT pursue

its efforts with the Thai Ministry of Foreign Affairs to identify obstacles and challenges to the

international status of AIT and advance this status under the “Geneva II” act. The Chairman of the

Executive Committee suggested to approach countries in Asia for political support, starting with

the two most closely associated with AIT: Thailand and Vietnam, and enlisting their advice and

support to address on the political level other possible donor countries in Asia.

 

§ Meeting with Prime Minister of Thailand, 7 July 2006: ASEAN, as a group, was suggested as

a potential owner of AIT. A high-level Thai government–AIT joint task has been formed to

further develop the concept to be presented by the Prime Minister of Thailand at the ASEAN

meeting in December 2006. The proposal would highlight AIT’s role and contribution to the

2 region and how it could serve as a strategic partner, resource and platform / tool for ASEAN. The

objective of the proposed concept is to attain both political and financial commitment from

ASEAN. Reaffirming the international status of AIT, the content of the AIT Charter would need

to be updated accordingly to reflect the changes developed since its approval in 1967.

Membership of AIT could be expanded to for other countries and international bodies i.e. ASEAN

plus 3 countries Japan, South Korea, and China, the South Asian Association for Regional

Cooperation (SAARC), APEC, and European Union etc.

 

§ Executive Committee, 11 September 2006: The Executive Committee endorsed the following

course of action:

1. The administration continue working closely with the government appointed high-level joint

task force in further developing the proposal for ASEAN as possible initial owner of AIT - on

a non-exclusive basis which would also allow the expansion to other Asian countries and

partners.

2. AIT to develop a position paper for the ASEAN meeting focused or targeted on the ownership

and financial contribution which would help the Thai government in better presenting AIT’s

case.

3. In the meantime, approach other partner countries in examining the feasibility and strength of

the concept, in particular with Vietnam and Indonesia, where AIT has its presence.

4. Submit the draft of the proposal with the feedback received from the Executive Committee

and government appointed high-level joint task force to the Board at its 30 October meeting.

 

§ Draft AIT Charter received from the Ministry of Foreign Affairs, 10 October 2006: The

document is still a work-in-progress and prepared jointly between the Ministry of Foreign Affairs

and AIT, wherein the Ministry has helped in the formulation of articles pertaining to the

establishment and location, rights, privileges, immunities, membership, financial provision etc.

and AIT on certain articles pertaining to objectives, areas of cooperation etc. The Ministry of

Foreign Affairs recommends that once approved by the Board, invitations be sent out to the

Institute’s original founding SEATO member countries (Australia, France, New Zealand, U.K.,

U.S., Pakistan, Philippines and Thailand), the remaining ASEAN and its plus 3 countries (China,

Japan, South Korea) as well as other South Asian Association for Regional Cooperation

(SAARC) member countries.

 

§ The Draft AIT Charter was Circulated to the Members of the Board of Trustees (18 October),

Executive Committee (17 October) and AIT Community (13 October). Trustees were requested to

consult with their respective governments and provide their feedback on the draft AIT Charter for

consideration at the 30 October 2006 meeting of the Board of Trustees.

 

§ Board of Trustees Meeting, 30 October 2006: The highlights of the comments and feedback

received from the Executive Committee, Board of Trustees, AIT Community, alumni etc. on the

latest version of the draft AIT Charter together with the feedback from the Ministry of Foreign

Affairs and recommendations made by the administration were tabled at the meeting. During the

Board meeting there were some additional observations and comments made by members.

However, in lieu of time constraint, need for further deliberations and also consultation by

members of the Board with their respective home governments, it was agreed that the draft

together with the comments be further deliberated by the Executive Committee at its next meeting

on 27 November 2006. It was agreed that if deemed necessary, a special meeting of the Board

could be convened, most likely on 1 December 2006. Members of the Board were in the mean

time invited to provide their observations, comments and suggestion to the Board Secretariat.

 

§ Executive Committee Meeting, 27 November 2006: The Executive Committee discussed in

length the draft “Charter of AIT” article by article, taking into account all the comments and

suggestions received. In follow up to the meeting of the Board, additional comments which had

been received from Canada, Finland, France, Japan, and Sweden were also tabled. The Executive

Committee agreed that the draft “Charter of AIT” be further revised taking into account all the

detailed comments and suggestions made by members at the meeting. The revised draft “Charter

3 of AIT” with the feedback received from Thailand’s Ministry of Foreign Affairs would then be

further circulated to the members of the Executive Committee for review, comments and

finalization. The final draft version of the Charter endorsed by the Executive Committee would

then be circulated to the members of the Board for their consideration, and if needed a special

meeting of the Board could be convened in early 2007. The Executive Committee was of the

opinion that it would be premature at this stage to call a special meeting of the Board of Trustees,

as earlier planned on 1 December 2006.

 

§ Meeting with Minister of Foreign Affairs, 8 January 2007: Dr. Tej Bunnag, Chairman of the

Board, the AIT President and Vice President for External Relations met with the Minister of

Foreign Affairs (MOFA), Thailand. The Deputy Permanent Secretary, Director-General,

Department of Treaties and Legal Affairs, Director-General, Department of International

Organizations, and Deputy Director-General, Department of ASEAN Affairs were also present.

The Minister together with the senior officials were unanimous in their support for AIT and do

not see any foreseeable obstacle in AIT attaining full international organization status as soon as it

has obtained intergovernmental organization status and the Geneva II act is promulgated.

 

§ ASEAN Summit Meeting, 11-15 January, Cebu, Philippines: The proposal for ASEAN

member countries to become new core founding members of the Institute under its proposed new

charter was initially introduced by Thailand at the Senior Officials Meeting (SOM) prior to the

ASEAN summit in Cebu (11-15 January 2006). Thailand wishes to bilaterally arrange meetings,

initially with the foreign ministers of Indonesia and Vietnam, the two countries where AIT has

established centers, requesting them to become signatories to the new charter so that the desired

intergovernmental organization status could be acquired in the shortest time. However, before

such action can be initiated by MOFA Thailand, the endorsement by the Executive Committee

and approval of the Board would need to be sought on the draft AIT Charter.

 

§ Meeting between Chairman of the Board, Chairman of Executive Committee and AIT

President, 14 February 2007: Meeting held between the Chairman of the Board, Chairman of

the Executive Committee and AIT President to further discuss the course of action to be taken

with regard to the latest version of the draft AIT Charter received from MOFA Thailand. Taking

into consideration the urgency in having the final draft AIT Charter approved, it was subsequently

agreed to prepone the meeting of the 28 March 2007 meeting of the Executive Meeting to either 2

or 6 March 2007 and meeting of the 28 May 2007 Board of Trustees Meeting to 28 March 2007.

 

§ Executive Committee Meeting, 2 March 2007: The Director Generals from the Department of

Treaty and Legal Affairs, and Departments of International Organizations, Ministry of Foreign

Affairs (MOFA), Thailand were invited and participated in the deliberation on the draft AIT

Charter. It was agreed that AIT would submit a revised version of the draft incorporating

additional comments and suggestions made at the meeting to MOFA on Tuesday, 6 March

following e-mail consultation with members of the Executive Committee. MOFA would then

formally provide AIT with the final version of the draft AIT Charter with their notes by 14 March

for deliberation by the Board at its 28 March 2007 meeting. The actions agreed upon at the

meeting and future steps towards AIT attaining full international status can be summarized as

follows:

1. AIT submits revised draft Charter to the Ministry of Foreign Affairs of Thailand after

consultation with the Executive Committee on Tuesday, 6 March 2007.

2. Final Draft from the Ministry of Foreign Affairs of Thailand to be submitted to AIT before 14

March 2007.

3. Final Draft of the Charter presented at the AIT Board of Trustees for approval at its 28 March

2007 meeting.

4. Upon Board approval of the draft Charter on 28 March 2007, AIT submits the draft Charter

with any further comments or revisions to the Ministry of Foreign Affairs of Thailand.

5. The Ministry of Foreign Affairs Thailand submits the draft AIT Charter for approval by the

Thai Cabinet.

6. As host country, The Royal Thai Government becomes the first signatory to the Charter.

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7. The Ministry of Foreign Affairs Thailand together with AIT invites other partner countries to

join.

8. The concerned authority of all signatories approve the ratification.

9. AIT achieves intergovernmental status once a minimum of three countries have signed the

Charter.

10. AIT upgraded to full international status upon the enactment of the Geneva II Act, currently

awaiting approval by the Thai Parliament.

 

§ Participation by AIT President in 42nd SEAMEO Council Conference and 2nd ASEAN

Education Ministers Meeting, Indonesia (13-16 March 2007): The President participated in the

42nd SEAMEO Council Conference and 2nd ASEAN Education Ministers Meeting which was held

in Bali, Indonesia, during 13-16 March. All the ASEAN Ministers of Education attended the

event together with other high-ranking officials from the member states as well as associate /

affiliate members / observers which included Australia, Canada, France, Germany, The

Netherlands, New Zealand, Norway, Spain etc. The President with the Ministers of Education

from Brunei, Indonesia, Malaysia, Philippines, Singapore and Vietnam and briefed them on the

new AIT Charter which is currently being finalized. They have all expressed great interest and

given positive indications that they would seriously consider AIT’s request once the formal

submission has been made to their respective governments. The Ministers also responded

favourably to the Presidents invitation for them to visit AIT and serve as graduation speakers.

The formal concept note on AIT’s affiliation and partnership with ASEAN member countries was

also provided to the delegates. The paper highlights areas in which there could cooperation

between AIT and ASEAN and extends an invitation to all ASEAN member countries to enlist as

signatories to the new AIT Charter, effectively becoming the Institute’s new founding members.

 

§ Board of Trustees Meeting, 28 March 2007: As agreed at the 2 March 2007 meeting of the

Executive Committee a revised version of the draft AIT Charter incorporating additional

comments and suggestions made at the meeting as well as those received following e-mail

consultation with members of the Executive Committee was submitted to the Ministry of Foreign

Affairs, Thailand on 6 March together with a covering letter from the AIT President. A further

revised draft version of the AIT Charter was received from the Ministry of Foreign Affairs,

Thailand together with a covering letter from the Director-General of the Department of Treaties

and Legal Affairs on 14 March 2007. There was e-mail consultation among members of the

Executive Committee (15 and 16 March 2007) on the latest version of the draft and also

discussion with the Ministry on the feedback received. The final draft version of the AIT Charter

agreed upon by the Executive Committee and Ministry has been submitted for consideration by

the Board of Trustees.

 

§ Special Meeting of the Executive Committee meeting, 14 May 2007: The special meeting of

the Executive Committee convened to further deliberate the draft AIT Charter. After a lengthy

deliberation, and taking into account the feedback and comments received from trustees, the

following reformulation of Article 3, Contributions, was proposed

The members of AIT shall make appropriate contributions to AIT in cash or asset donated,

grant and any other lawful means consistent with the objectives of AIT, the modalities of

which shall be further elaborated in the Institute by-laws.

The reformulated Article 3 does not put any imposition on the amount / levels of contributions

and their duration / frequency, which was of concern to many members of the Board. As stated in

the revised formulation the modalities will be further elaborated in the Institute bye-laws. The

rationale behind the proposed reformulation of Article 3, is to ensure that the principle of linking

ownership to a clear commitment to contribute to the Institute in the form of cash, asset donated,

grant, etc. is reflected in the Charter, while avoiding to mention any specific level to that

commitment, as this was viewed as problematic by many partner governments, and may prove an

obstacle to their approval of the charter. There was also consensus at the meeting that from a

longer-term perspective it is in the best interest of AIT to have an inclusive strategy that would

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enable or facilitate broad based participation by the current as well as prospective partners as

signatories to the new AIT Charter.

The reformulated Article 3 states that the modalities of the partners’ contributions shall be further

elaborated in the Institute by-laws. Therefore, as Board members, under the new AIT Charter, the

partners would have an opportunity to actively engage in the formulation of the Institute’s new

bye-laws as well as development of the funding modalities. There is also flexibility in the

proposed draft AIT Charter for states and international entities who are unable to enlist as

signatory in the initial stage, to accede or become members at a later period.

As recommended by the Board, a new Withdrawal Clause, Article 16, has also been introduced in

the draft Charter as follows (details on the modalities will also be further detailed in the byelaws):

After this Charter has entered into force, any Member or entity intending to withdraw from the

Charter shall notify to the Board of Trustee in writing at least 12 months in advance.

In addition to the above mentioned changes, there were some additional minor technical changes

and corrections proposed by the Executive Committee to the draft AIT Charter, as recommended

by AIT Legal Advisor, Dr. Prajit Rojanaphruk. The final version of the draft AIT Charter as

endorsed by the Executive Committee will be made available to the trustees, following final

consultation with the Ministry of Foreign Affairs (MOFA), Thailand.

 

§ Special Meeting of the Board, 28 May 2007: The special meeting of the AIT Board of Trustees

convened to further deliberate on the draft AIT Charter. The Board Chairman reported that the

AIT administration in consultation with the Executive Committee, and Ministry of Foreign

Affairs, Thailand, considered all the comments received from trustees, and tried its best to come

up with a draft Charter that would hopefully be acceptable to the majority of AIT’s partners.

However, there were further questions and comments raised by some members as highlighted

below, in particular with regard to the contribution modalities:

§ The representative of the Government of Japan expressed Japan’s willingness and

commitment to provide as much support as it can for the further development of AIT.

However, there were some specific comments raised (copy of the statement was also provided

to the secretariat) proposing among others that the contributions remain voluntary; concern

that some of the clauses in their present form would necessitate the approval of the National

Diet and which could make it difficult for Japan to be a signatory to the new Charter; and also

suggestion to have a general phrase in some of the clauses that the provisions would be in

accordance with respective national laws and regulations.

§ Suggestion to follow the principle of capacity to pay by countries in deciding the levels of

contribution.

§ From a longer term planning perspective need to consider whether AIT wishes to continue

remaining a non-profit organization or become more commercial, through greater engagement

or involvement of the private sector, as possible members to the new Charter.

§ Question regarding the processes that would be followed to reaffirm the bye-laws since

certain important issue are left to be specified in the bye-laws.

§ Further clarification on the definition of international entities.

§ There was a suggestion put forward that the accreditation requirements be in accordance with

the laws and regulations of each country.

§ Question regarding the requirement of only three signatories for the charter to enter into force.

§ Suggestion to better highlight the emphasis on research both in the appropriate clause and also

in the preamble.

§ The AIT Alumni Association (AITAA) put forward a request to also include the AITAA

representative as a regular member of the Board.

§ Need for clarification on the legal continuity of financing agreements that are signed between

AIT and entities that do not sign the charter.

6 There was positive feedback received from quite a large number of trustees on the progress made

on the draft AIT Charter. Members also commended the administration noting that the drafting of

the Charter is a very challenging task and has been handled in an open and transparent manner.

Members were provided with an opportunity to consult with their respective governments and to

provide both oral and written comments and feedback. Members also stressed the need for more

political will on the part of members in overcoming some of the legal obstacles and to consider

their support to an institution or organization based on whether it is transparent and committed. In

this context, AIT serves as an important regional vehicle or tool for development.

The AIT Legal Advisor, Dr. Prajit Rojanaphruk (Former Director General of the Legal and

Treaties Department, Ministry of Foreign Affairs of Thailand) and Mr. Unnop Buranasath

(Counsellor, Department of Treaties and Legal Affairs, Ministry of Foreign Affairs, Thailand),

also attended the meeting for deliberations on the draft Charter and responded to some of the

comments and provided clarification on some of the issues.

Taking into account the feedback and comments received the Chairman proposed that the

Executive Committee, would between now and its next meeting on 6 August 2007, further update

the draft AIT Charter incorporating as many comments as suggestions into the draft and also

develop the new Institute bye-laws, for consideration by the Board. If needed a special meeting of

the Board will be convened. The Chairman urged all partners who have had long associations

with AIT to put forward their political will and commitment and hoped that the new draft Charter

and Institute bye-laws would be finalized before the end of the year, and be acceptable to an

overwhelming majority of the Institute’s partners.

 

§ Executive Committee Meeting, 6 August 2007: The Executive Committee reviewed the draft of

the AIT Charter, which was revised and further updated by the AIT administration in consultation

with the Ministry of Foreign Affairs, Thailand, taking into account the feedback and comments

received at the special meeting of the Board of Trustees convened on 28 May 2007.

The Executive Committee reviewed the draft AIT Charter article by article, taking note of the

comments received, particularly the detailed feedback received from the Government of Japan,

concerning the contributions; recognition and accreditation of the academic awards and programs;

status and powers; clause on Board of Trustees; rights, privileges, and immunities; article on

financial administration; and entry into force.

It was agreed that the administration in consultation with the Ministry of Foreign Affairs,

Thailand, would further update and revise the draft Charter, incorporating the comments and

suggestions made by the Executive Committee. The revised draft AIT Charter would then be

communicated to members of the Board with their final feedback and comments to be received

not later than by the end of August 2007. A special meeting of the Board of Trustees would then

be convened on 6 September 2007, to deliberate upon and finalize the draft AIT Charter.

 

§ Meeting with Ministry of Foreign Affairs, Japan: On 28 August, the AIT President met with

Mr. Mitsuru Myochin, Principal Deputy Director, First Country Assistance Planning Bureau,

International Cooperation Bureau, Ministry of Foreign Affairs, Japan and Ms. Michiko Nakano,

also from the same division and discussed the draft AIT Charter, which would be considered by

the special meeting of the AIT Board of Trustees on 6 September 2007. The Ministry was

agreeable in principle to the contents of the draft AIT Charter. However, they were keen that the

legal formulations be made more precise and informed the AIT President that they are working

with their legal department and would soon provide their feedback to AIT.

 

§ Special Meeting of the Board, 6 September 2007: The Board Chairman provided members

with an overview on the process which had been followed in the development of the draft AIT

Charter, noting that work on it had been initiated almost 3 years ago under the helm of the former

Board Chairman H.E. Mr. Anand Panyarachun, primarily for purposes of clarifying the legal

ambiguity on the status of AIT. The Board Chairman added that throughout the process, trustees

were provided with ample opportunity to consult with their respective home governments and to

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submit their feedback and comments on the draft AIT Charter at several stages of the process. He

added that both written and verbal feedback had been received from the trustees on the draft AIT

Charter, and that the Board of Trustees and Executive Committee had over several meetings

reviewed and considered all the feedback and comments received, in liaison with the Ministry of

Foreign Affairs, Thailand. As authorised by the Board, the Executive Committee at its 6 August

2007 meeting, had further considered and reviewed in a very comprehensive manner, all the

feedback and comments, article by article.

The President provided further background on the outcomes of the Executive Committee meeting

held on 6 August 2007, highlighting the major changes which were incorporated in the 16 August

2007 version of the draft AIT Charter provided to trustees. The President noted that the Board of

Trustees, Executive Committee, AIT along with the Ministry had over the past two years

deliberated extensively on the draft AIT Charter

- A large number of trustees were under the impression that the special meeting was convened

for purposes of approving the draft AIT Charter which had already been endorsed by the

Executive Committee, and noted that their respective home governments supported the

process of formulating the Charter and that they were ready to endorse it in its present form.

- However, there was concern raised by some members on the adoption process, since as

trustees they felt they were not authorized and in a position to negotiate on the Charter, and

proposed that the adoption proceed according to the Vienna Convention on the Law of

Treaties.

- The general sentiment of the Board was that the approval of the text of the draft AIT Charter

by members of the Board as trustees was the agenda for the special meeting, and that

becoming a member or signatory to the new Charter, would entail another consultation

process which would require a further consultation process with their respective home

governments.

- There was clarification sought on some of the articles pertaining to the Board of Trustees (9),

President, Officers, Faculty and Staff (11), Amendments (15) and Entry into Force (18). It

was also clarified that “International Entities” refers to international organization and other

similar bodies recognized by international organizations such as the United Nations.

Taking into account the majority view of members, the Board approved in principle the text of the

draft AIT Charter, and agreed to the following steps:

1. The Secretariat would send out by 7 September 2007, a clean revised text of the AIT Charter,

incorporating the additional comments and suggestions made at the meeting.

2. Members would be provided with two weeks i.e. until Monday, 20 September 2007, to

provide their confirmation as to whether the further updated AIT Charter adequately

incorporates the discussions at the meeting.

3. The finalized version of the new AIT Charter would then be submitted by AIT to the Ministry

of Foreign Affairs (MOFA), Thailand as the AIT Board of Trustees approved text of the AIT

Charter.

The Board Chairman noted that once the Board endorsed version of the final AIT Charter is

submitted to the Ministry of Foreign Affairs, Thailand, he would leave the matter in the good

hands of the Ministry, in further proceeding with the required formalities, prior to it being

submitted to the Thai Cabinet.

Further Steps to be Undertaken by the Ministry of Foreign Affairs (MOFA), Thailand

The Director General outlined the below steps the Ministry would undertake once the Board

approved AIT Charter is received by them:

1. The AIT Charter approved by the Board is received by MOFA Thailand.

2. MOFA Thailand would then circulate the new AIT Charter to the partner countries through

diplomatic channels.

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3. The Ministry of Foreign Affairs, Thailand would then invite and convene a meeting of

representatives of partner countries to finalize and to formally adopt the text of the Charter.

4. The representatives of the partner countries who adopt the text would then bring it back to

their respective governments for approval and signature.

The Director General confirmed that the meeting convened by the Ministry of Foreign Affairs,

Thailand to which the representatives of partner countries would be invited, is to if necessary,

further adopt the text of the Charter, and that partners would be not be representing their

respective governments to negotiate on the text at this meeting.

§ Board Resolution on AIT Charter: The AIT Board of Trustees at its special meeting held on 6

September 2007, following a lengthy discussion on the draft AIT Charter, and taking into account

the majority view of members, approved in principle the text of the draft AIT Charter. The Board

also agreed on the following steps:

· The Secretariat will send out by 7 September 2007,a clean revised text of the AIT Charter,

incorporating the additional comments and suggestions made at the meeting.

· Members would be provided with two weeks i.e. until Monday, 20 September 2007, to provide

their confirmation as to whether the further updated AIT Charter adequately incorporates the

discussions at the meeting.

· The text of the AIT Charter was approved in principle by the Board of Trustees at its special

meeting held on 6 September 2007. By 2 october 2007 the Board Secretariat has received a

total of 27 formal written responses from the Trustees endorsing the text of the AIT Charter.

Some of the Trustees who have not yet responded have informed us that they have sent back

the revised Charter to their respective home governments and are still waiting feedback. In

some cases trustees have indicated their informal endorsement while waiting to receive the

formal feedback.

§ The Board approved final version of the AIT New Charter was submitted to Permanent

Secretary of the Ministry of Foreign Affairs, Thailand, on 2 October 2007 for futher

consideration. The Board Chairman also provided the update and informed the trustees of the

submission of the AIT New Charter to the Thai Foreign Ministry.

§ The Ministry of Foreign Affairs (MOFA) Thailand convened a working group on the

Amendments of the AIT Charter meeting on 22 November 2007, among the authorized

representatives of the partner governments and international entities of AIT’s Board of Trustees

(BOT), to further deliberate the course of action to be taken on the AIT BOT approved version of

the new AIT Charter, through an intergovernmental process.

The meeting was chaired by Mr. Ittiporn Boonpracong, Deputy Director General of the

Department of International Organization of the Ministry of Foreign Affairs, Thailand, and

attended by Ambassadors and / or representatives from the following governments and

international entities namely, the Netherlands, Vietnam, Pakistan, Sweden, Nepal, France,

Bangladesh, Cambodia, Laos, India, Philippines, South Korea, Japan, ADB, along with the

AIT President attending as resource person. The Vice President for External Relations, AIT

Legal Adivor, Institute Secretary and Secretary to the Board also join AIT delegation.

§ The draft of the new AIT Charter was finalized at the fourth and last intergovernmental

meeting, which was convened on 11 and 12 September 2008, at the Ministry of Foreign

Affairs Thailand.

Representatives from Bangladesh, Cambodia, France, India, Indonesia, Japan, Laos, Korea,

Nepal, Pakistan, Sri Lanka, Sweden, Vietnam, and the host country Thailand, were in attendance

aside from the AIT delegation. The Chairman informed the delegates that prior to the meeting

several countries and international organizations had already communicated their support and

endorsement of the Chairman of the Intergovernmental Working Group’s version of the draft text

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of the AIT Charter. Although unable to attend the intergovernmental working group meeting,

endorsements had also been received from Norway, the Philippines and ADB.

§ The Intergovernmental Working Group on the new AIT Charter which met on Friday, 6

February 2009, has formally endorsed the text of the new AIT Charter. The meeting was

chaired by Mr. Ittiporn Boonpracong, Chairman of the Intergovernmental Working Group on AIT

Charter and Deputy Director General, Department of International Organizations, Ministry of

Foreign Affairs, Thailand and attended by representatives from Norway, Sri Lanka, Nepal, Japan,

Indonesia, Vietnam, France, Laos, Cambodia, Bangladesh, Pakistan, Korea, Sweden, the

Netherlands, Thailand and AIT.

At the 6 February 2009 Intergovernmental Working Group meeting delegates also urged the

Ministry of Foreign Affairs Thailand, to act swiftly through its constitutional processes, in

submitting the approved clean text of the new AIT Charter to the parliament so that as the host

country, they would also be in a position to sign the Charter at the earliest. The Chair assured

members that while Thailand may not be in a position to sign the new AIT Charter on the first day

it would definitely be able do so within the first year. The Chair reaffirmed that Thailand

recognized the importance in concluding this process at the earliest, and would expedite necessary

work on the new AIT Charter as well as the Headquarters Agreement and the Enabling Act. It was

agreed that work on the Headquarters Agreement should be initiated at the earliest within the 3-

month timeframe leading up to the adoption, and since it would be a bilateral agreement, worked

out between AIT and Thailand

§ On 22 June 2009, the Ministry of Foreign Affairs of Thailand published an article on elevating

the AIT's status to be internationally recognized in the local newspapers, Matichon to inform the

public and listen to their opinion as per section 190 of the Thai Constitution requirement. The

article was published only in Thai language.

§ Royal Thai Government approved the new AIT Charter: On 4 May 2010, the Government of

Thailand approved the draft of the new Charter of the Asian Institute of Technology (AIT), which

will grant the institute the legal status of a full-fledged international organization.

The Thai Cabinet resolution authorized the Ministry of Foreign Affairs of Thailand to execute the

legal adoption procedure for the new AIT Charter. The Cabinet also decided that the Minister of

the Ministry of Foreign Affairs would sign on behalf of the Royal Thai Government.

§ Adoption and Signing Ceremony of the new AIT Charter

On Wednesday, 25 August 2010, H.E. Mr. Kasit Piromya, Minister of Foreign Affairs of

Thailand, presided over the Adoption and Signing Ceremony of the new Charter of the Asian

Institute of Technology (AIT) at the Ministry of Foreign Affairs. The Ceremony was held to adopt

the new AIT Charter which was open for signature from states and international organizations.

As witnessed by over 50 representatives from interested states and international organizations and

those from the diplomatic corps in Thailand, the Minister of Foreign Affairs declared the adoption

of the new AIT Charter, and signed the Charter on behalf of the Royal Thai Government as

authorized by the Thai Cabinet’s decision on 4 May 2010.

On this date, 12 countries and 1 International Organization namely Thailand, the host country,

Bangladesh, Cambodia, India, Japan, Pakistan, the Philippines, Nepal, Seychelles, Sri Lanka,

Sweden, Timor-Leste, and the United Nations Development Fund for Women, East and Southeast

Asia (UNIFEM) signed the new AIT Charter. Thailand, Pakistan, also counting Bangladesh and

the Philippines are the original founders of the SEATO Graduate School of Engineering.

Following the adoption and signing of the new Charter, the Ministry of Foreign Affairs will now

open it for signature for one year. The Charter will enter into force six months after the date when

the fifth country deposits its instrument of ratification with the Royal Thai Government.

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Republic of Indonesia became the fourteenth signatory of the new AIT Charter. In a modest

ceremony organized at the Ministry of Foreign Affairs, Royal Thai Government on 20 January

2011, the ambassador of Indonesia to Thailand, H.E. Mr. Mohammad Hatta signed the AIT

Charter. Indonesia joins 12 countries and one international organization in signing the AIT

Charter.

§ Entry into Force

The following governments have submitted their instruments of acceptance to the Ministry of

Foreign Affairs of Thailand:

Sweden (24 August 2010); Japan (25 August 2010); India (18 May 2011); Sri Lanka (21 June

2011); and Pakistan (29 July 2011).

On 29 July 2011 the Ministry of Foreign Affairs of Thailand received the Instrument of

Ratification from the Islamic Republic of Pakistan which deposited the fifth instrument of

acceptance to the Charter.

In accordance with Article 14 of the Charter of the Asian Institute of Technology, the Charter

shall enter into force six months after the date of deposit of the fifth instrument of acceptance or

approval.

Therefore the new AIT Charter shall enter into force on 30 January 2012.

Nepal submitted its instrument of acceptance on 25 January 2012.

Bangladesh submitted its instrument of acceptance on 2 February 2012.

§ Thai Cabinet’s resolution on 27 December 2011: The Thai Cabinet on 27 December 2011

resolved in approval of the matters proposed by the Ministry of Foreign Affairs as follows:

1. Approving the (new) Charter of Asian Institute of Technology and the Draft Negotiation

Framework of the Headquarters Agreement between the Thai Government and Asian Institute of

Technology and endorsing the submission of the said Charter and Draft Negotiation Framework

for parliamentary review and approval.

2. Authorizing the Ministry of Foreign Affairs to proceed in the ratification of the said Charter

upon the approval of the said Charter by the Parliament and the coming into force of the (new)

Asian Institute of Technology Enabling Act B.E. ……

3. Authorizing the Ministry of Foreign Affairs to proceed in the negotiation with Asian Institute

of Technology on the making of the Headquarters Agreement between the Government of

Thailand and Asian Institute of Technology with the essences not to exceed those specified in the

Draft Negotiation Framework.

§ Last meeting of the Executive Committee and the Board of Trustees

The Executive Committee met at its last meeting on 16 January 2012 under the chairmanship of

Mr. Jean-Pierre Verbiest. The Board of Trustees met at its last meeting on 25 January 2012

under the chairmanhip of H.E. Dr. Tej Bunnag.

Important remark made by the Deputy Permanent Secretary of the Ministry of Foreign Affairs of

Thailand, Mr. Nopadol Gunavibool, in response on enabling act, upon the Charter enter into

force on 30 January 2012:

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‘..the preliminary interpretation of our legal advisor is that the current AIT Enabling Act will not

come to an end. The new Enabling ACT as it is now before submission to Thai Parliament we

have a permission to terminate and supersede the current AIT Act.’

§ Resignation of the Executive Committee

The Chairman of the Executive Committee, Mr. Jean-Pierre Verbiest, submitted resignation letter

on behalf of the Executive Committee to the Chairman of the Board. The resignation would

allow the new AIT Council, upon the new Charter come into force, to appoint, as per the Article

7 of the new AIT Charter, the Executive Committee.

§ Appointment of Representatives to the new Council

On 21 December 2011, the Government of Sri Lanka appointed the Ambassador of Sri Lanka as

its representative to the AIT Council;

On 28 December 2011, the Government of India appointed the Ambassador of India to Thailand

as official reprsentative to the AIT Council;

On 29 December 2011, the Government of Pakistan appointed H.E. Mr. Sohail Mahmood,

Ambassador of Pakistan as its representative to the AIT Council;

On 31 January 2012, the Government of the People’s Republic of Bangladesh nominated H.E.

Mr. Kazi Imitiaz Hossain, Ambassador of Bangladesh as its official representative to the Council;

On 2 February 2012, the Embassy of Japan informed AIT that Ambassador Seiji Kojima is

officially designated as a member of AIT Council;

On 3 February 2012 the Government of Nepal appointed the Ambassador of Nepal/Chargé

d’Affaires as its representative to the AIT Council.

The Government of Sweden will appoint a suitable person to represent the Swedish Government

in the AIT Council , for the time being, the Ambassador of Sweden will serve as its representative

in the AIT Council.

§ Informal Inaugural Meeting of the new Council, 6 February 2012

The representatives of 7 members of the new AIT Council, the AIT Presidetn along with a

representative from the Ministry of Foreign Affairs of Thailand, Mr. Chutintorn Sam Gongsakdi,

Deputy Director General of the Department of International Organization met at an informal

inaugural meeting of the new Council on 6 February 2012 in Bangkok. The Ambassador of

Pakistan served as Chair to the meeting. The Council agreed to form a Working Group to review

and finalize the Institute’s Bye-laws under the chairmanship of H.E. the Ambassador of India.

§ Working Group Meeting to review the draft bye-laws

The Council met at its first working group meeting to review the bye-laws on 29 March 2012 at

the Embassy of India. The Officials from the Ministry of Foreign Affairs were also attended the

meeting by invitation.

The Chairperson, H.E. Mr. Anil Wadhwa, Ambassador of India, summarized the discussion

points and stated that some very detailed and divergent views had been expressed by all

delegations which ranged from ensuring an inclusive approach, bringing in accountability,

selection of the Executive Committee, the importance of checks and balances, transparency in

financial management, appointments by AIT, clarity in the relationship between the various

bodies in AIT, withdrawal of the suggestion of removal of Council members, the role of the

Council in research and investigations, increasing the role of participants in decision making and

the number of Council meetings to be held, etc.

He suggested that all Council members should submit their comments and recommendations on

the new draft byelaws to the Secretariat within 10 days’ time, i.e. by 10 April 2012. The

Secretariat would revise the draft byelaws based on the written comments and suggestions and

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would circulate a new version of the draft byelaws within the next 10 days, i.e. by 20 April

2012. Thereafter the Chair would convene the next meeting of the Working Group to draft the

new AIT byelaws.

§ Formal Meeting of the new Council, 29 May 2012

The AIT Council held its first formal meeting on 29thMay 2012 exclusively to consider the award

of degrees to AIT students graduating on 1st June 2012. The Council agreed to suspend the

requirements under the new AIT Charter (article 6.4 Council) of adopting the bye-laws and the

appointment of the President in the first formal meeting of the Council. The Council decided to

authorize the Ambassador of Pakistan, as the senior most member of the Council, to co-sign the

degrees on behalf of the Council along with the President of AIT.

§ Vietnam submitted its Instrument Accession and joined the Council, 8 June 2012

The Socialist Republic of Vietnam has become the eighth country to join the Council of the Asian

Institute of Technology (AIT). According to an official communication from the Ministry of

Foreign Affairs of Royal Thai Government, the AIT Charter comes into force for Vietnam on 8

June 2012. Vietnam is the fifteenth signatory, and the eighth country to deposit the Instrument of

Accession with the Royal Thai Government Vietnam became the first ASEAN country to deposit

the Instrument of Accession with the Government of Thailand on 10 May 2012. With this, the

strength of the AIT Council has risen to eight countries including Kingdom of Sweden, Japan,

Republic of India, Democratic Socialist Republic of Sri Lanka, Islamic Republic of Pakistan,

Federal Democratic Republic of Nepal, Republic of Bangladesh, and Socialist Republic of

Vietnam.

On 20 June 2012 the Government of the Socialist Republic of Vietnam designated Ambassador

Extraordinary and Plenipotentiary fo the Socialist Republic of Vietnam to Thailand as

representative in the Council.

§ Follow-up with Myanmar

An effort was made to follow-up with Myanmar in joining the new AIT Council.

§ Meeting between AIT Council members and Officials of Ministry of Foreign Affairs of

Thailand

On 13 June 2012, a group of AIT Council members met with Officials of the Thai Foreign

Ministry at the Ministry of Foreign Affairs of Thailand.

§ Letter dated 13 September 2012 from Ministry of Foreign Affairs of Thailand on AIT legal

status and AIT functions

Director General Vijavat Isarabbhakdi of the International Organizations Department sent a letter

to President to notify and clarify the position of the Thai Foreign Ministry and other relevant

governmental authorities regarding AIT status as well as recommendations on the execution of its

work (1) AIT under 2012 Charter has been set up by a different states parties and has different

legal personality and does not fall within the ambit of the 1967 Enabling Act and cannot use the

said Act as a legal basis to legally function in Thailand and that the new AIT operates under the

1967 Enabling Act is flawed and misleading. (2) Since the Enabling Act has not been repealed

and is still in force, the current AIT and its bodies legally exist and enjoy their rights to function

under the Thai law and (3) the new AIT cannot legally undertake AIT’s education-related work,

particularly to approve and award degree certificates to AIT graduating students. Those degree

certificates accroded by the new AIT are considered invalid and unacceptable to the Office of the

Civil Service Commission of Thailand. This predicatment can be resolved by convening the AIT

Board of Trustees which can function legally in Thailand in order to give formal approval to such

education-related work and other operations.

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§ Letter from CHE Thailand, 18 September 2012

The Secretary General of CHE Thailand sent a letter to AIT President informing that it has

withheld the payment of the budget FY2555 (2nd installment) amount 47,921, 400 baht to AIT

giving a reason that AIT has changed its status and Thailand has not yet ratified the new Charter

and that the new enabling act has not been enforcable as the law.

§ Informal Meeting of the AIT Council on 19 September 2012

The Council met on 19 September 2012 at its informal meeting held at the Pacific City Club in

Bangkok. The communication dated 13 September 2012 from the Director General of the

Department of International Organizations of the Ministry of Foreign Affairs of Thailand to AIT

President was brought to the attention of the Council. The Council therefore requested the

President on its behalf to write to the Thai Foreign Ministry to draw its attention of the following:

(a) The AIT Council members were unanimous in their view that the ratification of the

new AIT Charter by Thailand was important, and that every effort should be made in this

direction in order to ensure a safe and secure future for the AIT.

(b) The AIT Council members discussed the issue of reverting to a meeting of the former

Board of Trustees. While some members of the AIT Council were flexible in this respect,

some others expressed the view that since their respective governments had ratified the new

AIT Charter and that they had been appointed to be represented on the AIT Council, going

back to the previous structure at this stage would be complicated and difficult. However, all

members of the AIT Council were in agreement that a way forward could be that the Ministry

of Foreign Affairs of the Kingdom of Thailand convenes a general informal meeting of AIT

Stakeholders including AIT President which could be titled "Informal Meeting of AIT

Stakeholders" to deliberate upon the issues raised in your letter, with a view to charting a

way forward, and amicably settle issues related to AIT. They were also of the view that this

meeting should be convened at the earliest possible date.

§ The Kingdom of Cambodia joined the AIT Charter, 3 October 2012

As per the Note Verbale No. 1004/C.1553 dated 17 September 2012, the Ministry of Foreign

Affairs of Thailand to the Asian Institute of Technology informed that the Kingdom of

Cambodia has deposited the Instrument of Accession to the AIT Charter with the Government of

Thailand on 3 September 2012, and that, in accordance with Article 14 (3) of the AIT Charter,

the date on which the Charter will enter into force for Cambodia will be 3 October 2012.

§ Letter Conveying Council Recommendations to Ministry of Foreign Affairs of Thailand, 4

October 2012

The President sent a letter, on behalf of the Council, conveying the recommendations of the

Council made at its informal meeting on 19 September to the Director-General of the Department

of International Organizations of the Thai Foreign Ministry on 4 October 2012.

§ Letter from AIT President to CHE Thailand on RTG Budget 2nd Installment, 4 October

2012

The AIT President sent on 4 October 2012 a letter to the Secretary General of the

Commission of Higher Education of Thailand in response to his letter dated 18 September

2012 which conveyed the suspension of the 2nd installment of the Royal Thai Government

Budget to AIT amounting 47,921,400 Baht.

The letter was prepared in Thai language with English translation stating that the change

of ATI’s Charter has been developed under the framework and process allowable by the

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Old Charter and as per the leadership and course determined by the MFA Thailand. The

AIT Enabling Act of 1967 is still effective and enforcable. AIT processes its

international juristic personality under the said Act, and therefore, RTG budget is for

scholarship of continuing students who were recrited before the new Charter became

effective and both CHE Thailand and AIT are duty bound to fulfill our joint commitment

to the students from several countries, irrespective of the governing structure of AIT.

§ Letter to Request Director-General of Department of International Organizations of MFA

Thailand to release the Letter of Complaint of AITAA Thailand, 8 October 2012

The President, as advised by the Council, sent on 8 October the 3rd letter (following the letters of

similar request made on 15 and 22 May 2012) to MFA Thailand requesting the MFA Thailand to

release the letter of complaint filed by the AITAA Thailand to the Minister of Foreign Affairs of

Thailand based on which the Ministry has suspended the activities to ratify the new AIT Charter

and was brought to the Thai Cabinet resulting in on 5 June 2012 resulting in its resolution in

suspension of the Royal Thai Government grants earlier conveyed to AIT.

As circulated in the 5 June 2010 Thai Cabinet resolution, the Thai Cabinet agreed to the Royal

Thai Government’s motion that the new AIT Charter should not be ratified until the institute

clarifies and addresses the concerns raised by the AIT Alumni Association – Thailand and

acknowledged the following measures taken by the Ministry of Foreign Affairs; postponing the

submission to the Cabinet the draft Enabling Act B.E….for AIT as an international organization,

and postponing the discussion on the new AIT Charter and the draft Headquarter Agreement

between AIT and the Royal Thai Government at the parliament session.

§ Informal meeting of the Working Group on the Drafting of the AIT Bye-laws, 17 October

2012

An informal meeting of the AIT Council Working Group on Drafting of the Bye-laws took place

on 17th October under the chairmanship of H.E. Mr. Anil Wadhwa, Ambassador of India and

Chairman of the Working Group, and participated by H.E. Mr. Kazi Imtiaz Hossain, Ambassador

of Bangladesh accompanied by Mr. Kazi Russel Pervez, First Secretary; H.E. Gen. Shantha

Kottegoda, Ambassador of Sri Lanka; Mrs. Anna Maria Oltorp, Counsellor and Mr. Christoffer

Berg, Minister Consellor Deputy Head of Mission from the Swedish Embassy; Mr. Ata-ul-Munir

Shahid, Chargé d’Affaires a.i. from the Pakistan Embassy; Mr. Dornath Aryal, Chargé d’Affaires

from the Embassy of Nepal, Mr. Vu Quoc Chinh, Minister Counselor, Embassy of Vietnam and

AIT President. Mr. Prashant Agrawal, Deputy Chief of Mission and Dr. Jaideep Nair, Counsellor

from the Embassy of India also joined the meeting. Apologies were received from Cambodia and

Japan.

The Working Group had a lengthy deliberation on the draft AIT bye-laws, article by article and

will continue its work at the next meeting proposed on 16 November 2012.

The Council members were aslo briefed on some of the recent developments vis-à-vis the new

AIT Charter, Institute’s legal status in Thailand, students concerns over the validity of their

degrees, outcomes of the Academic Senate meeting, status of the campus rebuilding and financial

status etc. The Council members expressed concern over the current impasse and agreed that they

would individually and collectively make all efforts to work with the Ministry of Foreign Affairs

of Thailand in resolving this matter in an expeditious manner, as well as to follow up on the

Council’s earlier request to urgently call for an informal AIT stakeholders meeting.

The Council also agreed to participate in the next Institute’s Forum and proposed the date of 30

October 2012.

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§ Press Conference with local media by AIT President, 19 October 2012

On Friday, 19th October, a press conference was held at AIT with journalists from

Nation TV, TNN, Channel 5, Bangkok Post, Prachachart Turakij, and MCOT. The

objective was to take the opportunity to explain and provide clarification on several of the

ongoing issues. The Press Conference was held in the Board room, AIT Administration

building.

Some important points included the background on AIT new status and the host country, the

validity of AIT degrees and clarification on false report related to Laureate Eduation Inc.

the President provided the background on the long process to upgrade the Insitute to achieve its

intergovernmental status which started during the chairmanship of H.E. Mr. Anand Panyarachun,

former Chairman of the Board, before he joined the Institute, and this task continued through the

chairmanship of H.E. Dr. Tej Bunnag, Chairman of the former Board. The President emphasized

that the whole process has been supervised and guided under the leadership of the Thai Foreign

Ministry, the host country. While 5 governments already ratified the new Charter and the Charter

would come into force on 30 January 2012, the Thai Cabinet at its Cabinet meeting held on 27

December 2012 approved the new Charter for further endorsement by the Thai Parliament.

However, the process was put on halt due to a complaint letter from AIT Alumni Thailand

Chapter which was sent to the Minister of Thai Foreign Ministry, and based on this letter

Thailand suspended the ratification process. The President stressed that the said letter has not be

provided to AIT, despite several requests from AIT side to disclose the letter.

The President also expressed on the validity of the AIT degree issue that AIT’s legal status should

not be linked to the academic validity of its degree, which is highly respected and valid worldwide,

and recognized globally. Students’ interests should not be affected as the nine-member AIT

Council is coordinating to meet with the Royal Thai Government to find a resolution to the

problem. The President also clarified on the reports of an ongoing takeover by Laureate

Universities International to manage AIT as “completely false.” The idea of exploring publicprivate

partnerships with various enterprises as a partnership is not a takeover. The Executive

Committee explored various models as authorized by the former Board of Trustees. The AIT

administration now works under the full control of the AIT Council, continues to explore options

for scaling-up its operations in Asia and Africa, and is in a position to open satellite campuses in

the region. AIT’s proposed strategy of linking operations abroad back to the mother campus in

Thailand would boost Thailand’s claim to be a hub for higher education in the same way as it is

for the tourism and health care sectors. The President confirmed with the media that discussions

that started with Laureate ended without any collaboration. He added that the institute's non-profit

status is one of the most important articles of the new Charter and this is a core value of AIT that

cannot be compromised.

Further details can be viewed at the following web link:

http://www.ait.ac.th/news-and-events/press-conference-ait-president-calls-for-stakeholders2019-

meeting-challenges-aitaa-thailand-chapter-president-to-open-debate