ASEAN Efforts to Counter Terrorism
(This paper was prepared for the UN - Counter-Terrorism Committee)
Introduction
ASEAN Leaders, at their 7th Summit on 5 November 2001 in Brunei Darussalam, adopted the 2001 ASEAN Declaration on Joint Action to Counter Terrorism. The ASEAN Leaders viewed terrorism as a profound threat to international peace and security and "a direct challenge to the attainment of peace, progress and prosperity of ASEAN and the realization of ASEAN Vision 2020". They expressed commitment to combat terrorism in accordance with the Charter of the United Nations, other international laws and relevant UN resolutions. They also underlined that "cooperative efforts in this regard should consider joint practical counter-terrorism measures in line with specific circumstances in the region and in each member country".
They also identified specific measures for ASEAN to implement the Declaration, namely:
• Review and strengthen national mechanisms to combat terrorism;
• 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;
• Deepen cooperation among ASEAN’s front-line law enforcement agencies in combating terrorism and sharing "best practices";
• Study relevant international conventions on terrorism with the view to integrating them with ASEAN mechanisms on combating international terrorism;
• 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;
• Strengthen existing cooperation and coordination between the ASEAN Ministerial Meeting on Transnational Crime (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 organisations, support infrastructure and funding and bringing the perpetrators to justice;
• Develop regional capacity building programmes to enhance existing capabilities of ASEAN member countries to investigate, detect, monitor and report on terrorist acts;
• 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;
• Strengthen cooperation at the 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.
The specific measures outlined in the Declaration have been incorporated in the Terrorism component of the Work Programme to Implement the ASEAN Plan of Action to Combat Transnational Crime adopted in May 2002. The Work Programme is based along 6 strategic thrust namely:
• information exchange;
• cooperation in legal matters;
• cooperation in law enforcement matters;
• institutional capacity building;
• training; and
• extra-regional cooperation.
ASEAN is also carrying out training programmes and projects in counter terrorism in 2003, including on psychological operation/psychological warfare courses for law enforcement authorities and on intelligence procuring. Courses on bomb/explosive detection, post-blast investigation, airport security and passport/document security and inspection are also planned. In addition, ASEAN focal points on counter-terrorism have also been established.
Stage A:
Several ASEAN Member Countries have already become the party to some of the 12 international conventions and protocols relating to terrorism. In the Work Programme, ASEAN Member Countries are also urged towards an early signing or ratification of or accession to all relevant anti-terrorist conventions including the International Convention for the Suppression of the Financing of Terrorism.
As part of the Terrorism Component of the ASEAN Work Programme, ASEAN Member Countries are now working toward the establishment of a regional database for disseminating information on respective national laws, regulations, bilateral and multilateral treaties or agreements of respective countries.
The Terrorism Component, in addressing the issue of prevention and suppression of terrorist financing, calls for the enhancement of information or 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.
Stage B:
The Annual Conference of ASEAN Chiefs of Police (ASEANAPOL) held in May 2002, called for a joint cooperation among the ASEANAPOL members in fighting terrorism. ASEAN Chief of Police are committed to developing capacity-building initiatives to ensure that each ASEANAPOL member has the capacity to effectively monitor, share information on and combat all forms of terrorist activities. They also agreed to enhance cooperation among law enforcement agencies through the sharing of experiences on counter-terrorism and the exchange of information on suspected terrorists, organizations and their modus operandi.
In addition, ASEAN immigration authorities have committed to assist and to coordinate with the other ASEAN law enforcement authorities to prevent the movement of terrorists or cross-border terrorism by working toward the establishment of intelligence units in their respective agencies on the issues of trafficking in persons, human smuggling and terrorism. They have also set up an ASEAN focal point directory for ASEAN immigration authorities to exchange information.
Stage C:
In May 2002, Indonesia, Malaysia and the Philippines signed the Agreement on Information Exchange and Establishment of Communication Procedures to cooperate among them to combat transnational crime, including terrorism. Thailand and Cambodia have also acceded to the Agreement.
ASEAN senior officials are also looking at the possibility of a regional convention to combat terrorism. In addition, several Member Countries within ASEAN are looking at a regional Mutual Legal Assistance Agreement.
In terms of information exchange, the Work Programme has put in place a comprehensive information exchange mechanism to facilitate sharing of information and analysis of critical intelligence information such as “modus operandi” and offences involving terrorist activities. ASEAN is taking a comprehensive and coordinated approach in tackling the various areas of transnational crimes that have links to terrorism as the Work Programme also has components on trafficking in small arms, illegal drug trafficking and money laundering.
In January 2003, ASEAN police and law enforcement officials agreed that each ASEAN Member Country shall establish an anti-terrorism task force to strengthen cooperation on counter-terrorism and to collaborate with the affected ASEAN member country following a terrorist attack. Such assistance requested can be in the form of, but not limited to identifying, pursuing and apprehending suspects, examination of witness(es), searching and seizing evidence, evacuating and treating of victims, forensic and crime laboratory.
In terms of cooperation at the international and regional levels, ASEAN and China, in November 2002, issued a Joint Declaration of ASEAN and China on Cooperation in the Field of Non-Traditional Security Issues where counter-terrorism has been included as one of the priorities for ASEAN-China cooperation.
ASEAN is cooperating with China, Japan and the Republic of Korea under the ASEAN+3 process of East Asia cooperation to address the threats of terrorism and transnational crimes. The ASEAN Ministers on Transnational Crime will start holding joint consultations with their counterparts from China, Japan and the Republic of Korea (the AMMTC+3) in Thailand this year.
At the 9th ministerial meeting of the ASEAN Regional Forum (ARF) in Bandar Seri Begawan on 30 July 2002, the ARF Statement on Measures Against Terrorist Financing was adopted. The ARF participating states and organization (the EU) agreed on concrete steps that included : freezing terrorist assets, implementation of international standards, cooperation on exchange of information and outreach, and technical assistance.
The 9th ARF also agreed to establish the inter-sessional meeting on counter-terrorism and transnational crimes (ISM-CT/TC), which will be co-chaired in the 2002-2003 year by Malaysia and the U.S.A. Malaysia plans to convene the first meeting of the ISM-CT/TC in Sabah in March 2003.
ASEAN and the U.S.A. signed the Joint Declaration for Cooperation to Combat International Terrorism during the 35th AMM/PMC in Bandar Seri Begawan on 1 August 2002. One of the objectives of the cooperation is to prevent, disrupt and combat international terrorism through the exchange and flow of information, intelligence and capacity-building assistance.
ASEAN and the E.U. issued the Joint Declaration on Cooperation to Combat Terrorism at the end of the 14th ASEAN-EU Ministerial Meeting in Brussels on 28 January 2003. The Joint Declaration reiterated the commitment of the two sides to work together and contribute to the global efforts to stamp out terrorism
In addition, some ASEAN member countries have entered into bilateral cooperation arrangements with other countries outside the ASEAN region to enhance their capability in counter-terrorism. Malaysia and the U.S.A., for example, have established the Regional Counter-terrorism Center in November 2002 in Kuala Lumpur. Indonesia and Australia have formed the joint task force to investigate the Bali terrorist bomb blasts.
