INTRODUCTION
Recognizing that terrorism is a threat to regional and international peace and stability and economic development, ASEAN and its member countries have been addressing the issue of terrorism at the national, bilateral and multilateral basis over the years. But the diminished sense of security among nations following the 11 September 2001 attacks in the United States underlined the urgency and imperative of international cooperation to counter terrorism.
The ASEAN Leaders, at their 7th Summit on 5 November 2001 in Brunei Darussalam, adopted the ASEAN Declaration on Joint Action to Counter Terrorism. The Summit endorsed the convening of a Special Senior Officials Meeting on Terrorism and a Special ASEAN Ministerial Meeting on Terrorism to operationalize the Declaration.
The ASEAN Senior Officials Meeting on Transnational Crime (SOMTC), held in Kuala Lumpur on 16 – 17 May 2002, adopted the Work Programme to Implement the ASEAN Plan of Action to Combat Transnational Crime, which included a component on terrorism.
The SOMTC was immediately followed by the Special Senior Officials Meeting on Terrorism, which endorsed several programmes and initiatives to enhance the capabilities of ASEAN member countries to counter terrorism. These include psychological operations/psychological warfare courses for law enforcement authorities; training on intelligence procuring; and workshops and seminars on counter-terrorism. Measures on the establishment of focal points on terrorism issues, aining shing focal points on terrorism issues and re expensive to build it individually. Anyway we can discuss it when I calllogistical support for training in bomb/explosive detection, post-blast investigation, airport security and passport/document security and inspection have also been adopted.
The Special ASEAN Ministerial Meeting on Terrorism, held in Kuala Lumpur on 20 – 21 May 2002, agreed to enhance the sharing of experiences on counter-terrorism and the exchange of information on terrorists, modus operandi and intelligence. The Ministers further agreed that specialized workshops, seminars and training courses would be held for ASEAN law enforcement officials on new forms of terrorism such as bio-terrorism and cyber-terrorism. The areas for discussion could include the review of laws and legislation in these new areas with a view towards harmonization, where feasible.
2001 ASEAN DECLARATION
ON JOINT ACTION TO COUNTER TERRORISM
We, the Heads of State/Government of the Association of Southeast Asian Nations (ASEAN) gathered in Bandar Seri Begawan for the Seventh ASEAN Summit,
Recalling the agreement among Heads of State/Government during the Second Informal Summit in December 1997 in Kuala Lumpur to take firm and stern measures to combat transnational crime,
Reaffirming our primary responsibility in ensuring the peaceful and progressive development of our respective countries and our region,
Deeply concerned over the formidable challenge posed by terrorism to regional and international peace and stability as well as to economic development,
Underlining the importance of strengthening regional and international cooperation in meeting the challenges confronting us,
Do hereby,
Unequivocally condemn in the strongest terms the horrifying terrorist attacks in New York City, Washington DC and Pennsylvania on 11 September 2001 and consider such acts as an attack against humanity and an assault on all of us;
Extend our deepest sympathy and condolences to the people and Government of the United States of America and the families of the victims from nations all around the world, including those of our nationals;
View acts of terrorism in all its forms and manifestations, committed wherever, whenever and by whomsoever, as a profound threat to international peace and security which require concerted action to protect and defend all peoples and the peace and security of the world;
Reject any attempt to link terrorism with any religion or race;
Believe terrorism to be a direct challenge to the attainment of peace, progress and prosperity of ASEAN and the realisation of ASEAN Vision 2020;
Commit to counter, prevent and suppress all forms of terrorist acts in accordance with the Charter of the United Nations and other international law, especially taking into account the importance of all relevant UN resolutions;
Ensure that, in observing the above, all cooperative efforts to combat terrorism at the regional level shall consider joint practical counter-terrorism measures in line with specific circumstances in the region and in each member country;
Recommit ourselves to pursue effective policies and strategies aimed at enhancing the well-being of our people, which will be our national contribution in the fight against terrorism;
Note that, towards this end, ASEAN had established a regional framework for fighting transnational crime and adopted an ASEAN Plan of Action that outlines a cohesive regional strategy to prevent, control and neutralise transnational crime;
Approve fully the initiatives of the Third ASEAN Ministers Meeting on Transnational Crime (AMMTC) held in October 2001 to focus on terrorism and deal effectively with the issue at all levels and endorse the convening of an Ad Hoc Experts Group Meeting and special sessions of the SOMTC and AMMTC that will focus on terrorism;
Warmly welcome Malaysia's offer to host the Special AMMTC on issues of terrorism in April 2002. This meeting would represent a significant step by ASEAN to the United Nations' call to enhance coordination of national, sub-regional and international efforts to strengthen a global response to this serious challenge and threat to international security;
In strengthening further ASEAN's counter-terrorism efforts, we task our Ministers concerned to follow-up on the implementation of this declaration to advance ASEAN's efforts to fight terrorism by undertaking the following additional practical measures.
1. Review and strengthen our national mechanisms to combat terrorism;
2. Call for the early signing/ratification of or accession to all relevant anti-terrorist conventions including the International Convention for the Suppression of the Financing of Terrorism;
3. Deepen cooperation among our front-line law enforcement agencies in combatting terrorism and sharing "best practices";
4. Study relevant international conventions on terrorism with the view to integrating them with ASEAN mechanisms on combating international terrorism;
5. Enhance information/intelligence exchange to facilitate the flow of information, in particular, on terrorists and terrorist organisations, their movement and funding, and any other information needed to protect lives, property and the security of all modes of travel;
6. Strengthen existing cooperation and coordination between the AMMTC and other relevant ASEAN bodies in countering, preventing and suppressing all forms of terrorists acts. Particular attention would be paid to finding ways to combat terrorist organisations, support infrastructure and funding and bringing the perpetrators to justice;
7. Develop regional capacity building programmes to enhance existing capabilities of ASEAN member countries to investigate, detect, monitor and report on terrorist acts;
8. Discuss and explore practical ideas and initiatives to increase ASEAN's role in and involvement with the international community including extra-regional partners within existing frameworks such as the ASEAN + 3, the ASEAN Dialogue Partners and the ASEAN Regional Forum (ARF), to make the fight against terrorism a truly regional and global endeavour;
9. Strengthen cooperation at bilateral, regional and international levels in combating terrorism in a comprehensive manner and affirm that at the international level the United Nations should play a major role in this regard.
We, the Leaders of ASEAN, pledge to remain seized with the matter, and call on other regions and countries to work with ASEAN in the global struggle against terrorism.
JOINT COMMUNIQUÉ
SPECIAL ASEAN MINISTERIAL MEETING ON TERRORISM
20 - 21 MAY 2002, KUALA LUMPUR
1. We, the ASEAN Ministers responsible for transnational crime issues, gathered in Kuala Lumpur from 20th to 21st May 2002 for the Special ASEAN Ministerial Meeting on Terrorism under the Chairmanship of the Honourable Dato’ Seri Abdullah bin Hj Ahmad Badawi, Deputy Prime Minister and Minister for Home Affairs of Malaysia;
2. We recall the initiative taken by ASEAN to combat transnational crime in the 1997 ASEAN Declaration on Transnational Crime adopted at the Inaugural ASEAN Ministerial Meeting on Transnational Crime (AMMTC) in the Republic of the Philippines and the 1999 ASEAN Plan of Action to Combat Transnational Crime adopted at the 2nd AMMTC in Myanmar;
3. We recall the 2001 ASEAN Declaration on Joint Action to Counter Terrorism adopted at the 7th ASEAN Summit in Brunei Darussalam to advance ASEAN’s efforts in the global struggle against terrorism;
4. We unequivocally condemn acts of terrorism in all its forms and manifestations and underscore the urgency for a cohesive and united approach to effectively combat terrorism;
5. We strongly emphasize that terrorism must not be identified with any religion, race, culture or nationality;
6. We reaffirm our commitment and support to undertake the fight against acts of terrorism committed wherever, whenever and by whomsoever without discrimination and with due respect to religion, race, culture and nationality;
7. We note with concern the close links between transnational crime and terrorism, and that this lends greater urgency to our efforts to combat transnational crime;
8. We dedicate our efforts and resources towards implementing practical measures underlined in the 2001 ASEAN Declaration on Joint Action to Counter Terrorism;
9. We recognize that the sovereignty, territorial integrity and domestic laws of each ASEAN Member Country shall be respected and upheld in undertaking the fight against terrorism;
10. We recognize the right of individual ASEAN Member Countries to continue pursuing practical preventive measures to address the root causes of terrorism;
11. We commit to counter, prevent and suppress all forms of terrorist acts in accordance with the Charter of the United Nations and other international law, especially taking into account the importance of all relevant UN resolutions;
12. We commit to follow-up on this Communique by entrusting the Senior Officials to execute the Work Programme on Terrorism to Implement the ASEAN Plan of Action to Combat Transnational Crime approved on 17th May 2002 in Kuala Lumpur which is deemed to be an integral part of this Communique and to review its progress at subsequent meetings of the ASEAN Ministers responsible for transnational crime issues. The Work Programme includes, among others, programmes on:
· exchange of information,
· compilation and dissemination of relevant laws and regulations of ASEAN Member Countries,
· compilation and dissemination of bilateral and multilateral agreements and information on relevant international treaties where feasible,
· development of multilateral or bilateral legal arrangements to facilitate apprehension, investigation, prosecution, extradition, inquiry and seizure in order to enhance mutual legal and administrative assistance among ASEAN Member Countries where feasible,
· enhancement of cooperation and coordination in law enforcement and intelligence sharing, and
· development of regional training programmes;
13. We note with appreciation the projects and initiatives to be undertaken as follows:
· training by Malaysia on intelligence procurement in relation to terrorism,
· workshop by Malaysia on psyops and psywar in relation to terrorism,
· workshop by Indonesia on combating international terrorism,
· logistical support by Singapore for training on bomb/explosives detection, post-blast investigation, airport security and passport/document security and inspection in relation to terrorism,
· offer by Singapore to facilitate a dialogue session at the upcoming ASEANAPOL meeting to discuss practical measures and explore avenues of cooperation against terrorism,
· designation of principal contact points in all ASEAN Member Countries on counter-terrorism matters;
14. We task the Chairman of the Annual SOMTC to continue to liaise with all ASEAN Member Countries, with the assistance of the ASEAN Secretariat, on the successful implementation of the Work Programme;
15. We laud the signing of the Agreement on Information Exchange and Establishment of Communication Procedures between the Republic of Indonesia, Malaysia and the Republic of the Philippines in Kuala Lumpur on 7th May 2002 under which the Parties to that Agreement will cooperate among themselves to combat transnational crime, including terrorism;
16. We express our deepest appreciation to the Government of Malaysia for the warm and generous hospitality accorded to us and our respective delegations.
TERRORISM COMPONENT OF THE WORK PROGRAMME
TO IMPLEMENT THE ASEAN PLAN OF ACTION TO COMBAT
TRANSNATIONAL CRIME
(Adopted by the Second Annual ASEAN Senior Officials Meeting on Transnational Crime
Kuala Lumpur, 17 May 2002)
1. Information Exchange
a. Establish a compilation of national laws and regulations of ASEAN Member Countries, including international treaties and agreements, pertaining to terrorism leading towards establishing a regional repository of such laws within a certain timeframe on-site and on the ASEANWEB.
b. Explore ways for ASEAN to cooperate with ASEANAPOL and relevant international organizations concerned with terrorism matters to further facilitate sharing of information and analysis of critical intelligence information such as “modus operandi” and offences involving terrorist activities.
c. Enhance cooperation in the exchange of information among Member Countries as well as with international agencies to combat terrorism.
d. Exchange of information on technologies to detect and deter the use of materials of mass destruction, including biological agents or toxins, in terrorist attacks and develop means to deter terrorist attacks on electronic and computer infrastructure.
e. Exchange of information on security practices for international special events, strengthen and expand international cooperation and consultation in anti-terrorist activities.
f. A comprehensive database of international treaties and agreements pertaining to terrorism/transnational crime be established.
g. Enhance information/intelligence exchange to facilitate the flow of information, in particular, on terrorists and terrorist organizations, their movement and funding, and any other information needed to protect lives, property and the security of all modes of travel.
2. Legal Matters
a. Work towards the criminalisation of terrorism in ASEAN Member Countries.
b. Consider the feasibility of developing multilateral or bilateral legal arrangements to facilitate apprehension, investigation, prosecution, extradition, exchange of witnesses, sharing of evidence, inquiry and seizure in order to enhance mutual legal and administrative assistance among ASEAN Member Countries.
c. Work towards the early signing/ratification of or accession to all relevant anti-terrorist conventions including the International Convention for the Suppression of the Financing of Terrorism.
d. Study relevant international conventions on terrorism with the view to integrating them with ASEAN mechanisms on combating international terrorism.
e. Working on a regional operational convention or agreement to combat terrorism.
f. Work towards a bilateral or multilateral mutual legal assistance agreement or arrangement to enhance cooperation in combating terrorist acts and deliberating on various aspects of the issue in a comprehensive manner including its definition and root causes.
3. Law Enforcement Matters
a. Enhance cooperation and coordination in law enforcement and intelligence sharing on terrorism issues affecting ASEAN Member Countries.
b. Deepen cooperation among front-line law enforcement agencies in combating terrorism and sharing best practices.
4. Training
a. Develop regional training programmes and conduct regular conferences to enhance existing capabilities in investigation, intelligence, surveillance, counter-terrorism, detection and monitoring and reporting of terrorist activities.
b. Hold a multilateral seminar on emergency response to terrorist threats.
5. Institutional Capacity Building
a. Review and strengthen national mechanisms of ASEAN Member Countries to combat terrorism.
b. Strengthen existing cooperation and coordination between the AMMTC and other relevant ASEAN bodies in countering, preventing and suppressing all forms of terrorist acts. Particular attention would be paid to finding ways to combat terrorist organizations, support infrastructure and funding and bringing the perpetrators to justice.
c. Develop regional capacity building programs to enhance existing capabilities of ASEAN Member Countries to investigate, detect, monitor and report on terrorist acts.
d. Convene specialized workshops, seminars and training courses for ASEAN law enforcement officials on new forms of terrorism such as bio-terrorism and cyber-terrorism. The areas for discussion could include the review of laws and legislation in these new areas with a view towards harmonization where feasible.
6. Extra-regional cooperation
a. Discuss and explore practical ideas and initiatives to increase ASEAN's role in and involvement with the international community including extra-regional partners within existing frameworks such as the ASEAN + 3, the ASEAN Dialogue Partners and the ASEAN Regional Forum (ARF), to make the fight against terrorism a truly regional and global endeavor.
b. Strengthen cooperation at bilateral, regional and international levels in combating terrorism in a comprehensive manner and affirm that at the international level the United Nations should play a major role in this regard.
