The processes of globalization, interdependence and regional integration have made cooperation on transnational issues an imperative. The Third ASEAN Informal Summit held in Manila in November 1999 had recognized how the evolving regional security environment during the last decade had given rise to new forms of security challenges for ASEAN. In this light, the Heads of Government have reaffirmed their commitment to move forward ASEAN's cooperation in transnational issues, such as environment, transboundary haze, transnational crime, drugs and narcotics, immigration and legal matters.
Environment
ASEAN has adopted the Strategic Plan of Action on the Environment (SPAE) to support the objectives laid down in the Ha Noi Plan of Action. The 1999-2004 Plan covers the following areas: (a) Land and Forest Fires and Transboundary Haze; (b) Nature Conservation and Biodiversity; (c) Coastal and Marine Environment; (d) International Environment Issues; (e) Other Environment Activities. The Plan of Action includes measurable benchmarks in terms of timeframes and targets. A monitoring system has been established to track the progress of each of the activities.
As environmental issues are interdisciplinary and cross-sectoral, there is a critical need to interface and coordinate with other sectoral bodies in ASEAN in the implementation of the SPAE. Similarly, environmental considerations should be incorporated into the development plans of the other sectors if the goals of sustainable development are to be achieved. The ASEAN Secretariat plays a key role in integrating environmental factors into the other development activities of ASEAN.
ASEAN Regional Centre for Biodiversity Conservation (ARCBC)
ASEAN is one of the world's richest regions in term of biological and natural resources. The region contains four major biodiversity "hot spot" areas in which certain species can be found and not anywhere else on the planet. The marine areas of the region are very rich. On the other hand, the region is a habitat of more than 500 million people who use their biodiversity resources heavily for consumption and production. A high percentage of them are poor, having very few alternative means of livelihood and depending solely on these resources.
Over-exploitation of the resources in ASEAN is a common problem that has worsened in recent years. The phenomenon has placed great pressure on the ecosystems, resulting in resource degradation and the unnecessary loss of biodiversity. The loss of biodiversity usually originates locally, but its impact is felt regionally. ASEAN is, therefore, mobilizing the Member Countries to pursue policies that balance utilization with conservation of biological resources.
In February 1999, ASEAN established the Regional Centre for Biodiversity Conservation (ARCBC) with financial support from the European Union. The aim of the Centre is to intensify regional co-operation on biodiversity conservation. It also serves as a focal point for networking and institutional linkage among the Member Countries and between ASEAN and the EU partner organizations. The Centre undertakes the following activities: (a) networking and institutional building; (b) training and extension; (c) research and development; and (d) database and information management system. National Biodiversity Reference Units have been established in seven participating Member Countries - Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore, Thailand and Viet Nam.
Access to Genetic and Biological Resources
Southeast Asia's ecosystems are considered to be among the most diverse and richest in the world. It is home to biological and genetic resources that have potential for the development of products, compounds and substances with medicinal, industrial, agricultural and other applications. The local communities, which have gradually developed and accumulated traditional and indigenous knowledge, have been using these resources.
In the 1950s, the value of these resources and knowledge began to be recognized. Since then, unregulated bio-prospecting activities were conducted by researchers from the more developed countries. These included exploration, extraction and screening of the resources. Results have been registered and patented by these prospectors.
Recognizing the need to remedy the situation, the ASEAN Working Group on Nature Conservation and Biodiversity (AWGNCB) organized technical experts' meetings to develop an ASEAN Framework Agreement on Access to Genetic and Biological Resources. Experts from different sectors, including representatives from government agencies, academic institutions, indigenous groups, the private sector and NGOs, were invited. A draft ASEAN Framework Agreement on Access to Genetic and Biological Resources is now under consideration. The Framework will be ASEAN's contribution to the international Convention on Biological Diversity on the sovereignty of States over their genetic resources.
Coastal and Marine Environment
The Southeast Asian seas contain valuable resources, which provide food, employment and economic welfare to the people. Their sub-tropical and tropical locations offer an abundance and diversity of mangroves, coral reefs, and sea grasses. These are hatching grounds and nurseries for many species of marine organisms, and they function as coastal barriers and pollution filters. The coral reefs can also trap sediment and slow down erosion.
Mangroves, sea grasses and coral reefs are being degraded and destroyed by pollution, exploitation, and over development of coastal areas in the ASEAN region, resulting in the loss of habitat for many species of fish and marine life and the elimination of their ecological benefits.
Coastal and marine pollution is caused by land- and sea-based activities which are increasing at an alarming rate. It is reported that the majority of the marine pollution sources comes from land-based activities, which include sewage discharges, agricultural run-offs, domestic and industrial discharges, and land erosion. Tankers dislodging oil spills is a major source of sea-based pollution. The population increase, especially in coastal areas, and the lack of environmental awareness are also putting rising pressure on coastal and marine resources.
The main challenge lies in maintaining an optimal balance between development and conservation of natural resources for the present and future generations. This balance is possible through an integrated coastal and marine management system.
Undertaking coastal and marine management is a demanding task, especially when it comes to sea pollution that crosses national boundaries. For example, an oil spill in the Malacca Straits will affect Indonesia, Singapore and Malaysia. Some parts of the physical layout of the Southeast Asian land mass form a half-closed loop around its seas. This condition may increase the likelihood of transboundary marine pollution. Therefore, a good coordination mechanism for the protection of the coastal and marine environment is required.
In response, the ASEAN Working Group on Coastal and Marine Environment (AWGCME) has identified the following areas in its cooperation framework for the integrated protection and management of coastal zones: (a) coral reef, sea grass and mangrove; (b) oil sludge from tankers and ballast water; (c) solid and liquid waste management; (d) coastal erosion; (e) eco-tourism; and (f) coastal wetlands, including protected marine areas. A regional action plan on coastal and marine surveillance of illegal discharge activities through a region-wide community-based surveillance mechanism is being considered.
Environmental Education
ASEAN is formulating an ASEAN Environmental Education Action Plan (AEEAP), which covers formal and non-formal education, manpower capacity building, networking, collaboration and communication. This initiative was made possible by financial support from the Hanns Seidel Foundation. A Consultation Workshop was held on 9-10 November 1999 in Manila to prepare the draft AEEAP. The United Nations Environment Programme (UNEP) has provided supplementary funding for this activity. The AEEAP is expected to be endorsed by concerned ASEAN bodies later this year. Implementation of the Plan would require commitment and resources from both within ASEAN and external funding agencies.
Multilateral Environmental Agreements
While many of the environmental problems have to be dealt with at the national level, some of the most serious ones affect two or more neighbouring countries. ASEAN member states are, therefore, either signatories to multilateral environmental agreements or are negotiating their accession. These include (a) Basel Convention on the Control of the Trans-boundary Movements of Hazardous Wastes and their Disposal; (b) Montreal Protocol on the Substances that Deplete the Ozone Layer; (c) United Nations Framework Convention on Climate Change; (d) Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention); and (e) International Negotiating Committee for an Internationally Legally Binding Instrument for Implementing International Action on Certain Persistent Organic Pollutants.
The ASEAN Working Group on MEAs at its meeting in Kuala Lumpur in November 1999 agreed to promote capacity building for the implementation of the above agreements. Regional networking arrangements and sharing of information are being promoted. For the Montreal Protocol and Basel Convention, the Member Countries have formulated some common points of understanding before attending the respective Conference of Parties.
State of the Environment Report
ASEAN is finalizing the Second ASEAN State of the Environment Report to be published in 2000. This effort has received support from the United Nations Environment Programme. Noting that the Earth Summit or Rio+10 Summit will be held in the year 2002, the next ASEAN SoER will focus on issues that ASEAN could raise at that Summit.
ASEAN Environment Year 2000
ASEAN Environment Year (AEY) 2000 was launched with the theme: Our Heritage, Our Future. The campaign aims to (a) raise awareness of environmental issues at all levels of societies in ASEAN; (b) create better informed and environmentally sensitive societies in order to enhance capacities for the attainment of the goals of sustainable development; (c) highlight ASEAN achievements in the field of environment; (d) promote government-private sector partnership and active involvement of major groups in environment initiatives; and (e) stimulate regional activities in the environmental arena.
The AEY 2000 was launched by His Royal Highness, the Crown Prince of Brunei Darussalam, Pengiran Muda Haji Al-Muhtadee Billah, on 4 April 2000 in Bandar Seri Begawan.
The campaign will include seminars, training, and workshops; exhibits and competitions; and public relations and promotional activities. These activities will highlight ASEAN's commitment to environmental protection and the need to address the challenges in a collective manner.
Transnational Issues
Transboundary Haze
Transboundary haze pollution arising from land and forest fires has been the most prominent and pressing environmental problem facing ASEAN today. Recurring large-scale fires that cause transboundary haze are often deliberately set by small farmers or large plantation companies to clear land at minimal cost to them. As long as unregulated land clearing and land conversion for cultivation continue, the threat of transboundary haze will remain.
Between April 1999 and March 2000, fire and haze incidents occurred in the region, particularly in the Indonesian provinces of Sumatra and Kalimantan. These occurred after a brief dry spell, which created ideal burning conditions for land clearing by fire. In April 2000, the ASEAN Environment Ministers expressed strong objection to land clearing through burning. They reaffirmed their decision to enforce the zero-burning policy, which they had adopted earlier.
Over the past year, the ASEAN Environment Ministers met four times to review the progress in the implementation of the Regional Haze Action Plan (RHAP) and provided guidance to the Haze Technical Task Force (HTTF). Several positive developments have taken place and follow-up actions have been successfully undertaken to mitigate the haze problems in the region.
Field Training Exercises
The ASEAN Ministers on the Environment have adopted Immediate Action Plans (IAPs) for Prevention and Control of Land and Forest Fires and Haze. The IAPs are designed to help local government units and the communities in developing comprehensive action plans for forest fire management. The IAPs aim to prevent the detected hot spots from spreading by mobilizing the fire fighting teams in these areas. The Ministers tasked the Working Groups on Sub-Regional Fire-Fighting Arrangements for Sumatra and Borneo to develop and implement prototype detailed implementation plans for selected fire-prone sites as test cases for the operationalization of the zero-burning policy.
The first phase of the IAPs has been developed with funding support from the UNEP and the Government of Indonesia. The project monitored fires and hot spots and prevented fires from getting out of control during the dry season of 1999 in two provinces of Sumatra (Riau and South Sumatra). The project developed and completed the pilot Fire Suppression Mobilization Plan (FSMP) in selected districts in those provinces.
The second phase of IAP is now under consideration. The Asian Development Bank (ADB) has indicated its readiness to support its implementation. This phase will involve the local agencies and will focus on strengthening the capacity and development of permanent structures for fire prevention and control at the local government level.
The third IAP for West Kalimantan started in February 2000. It has received funding support from Australia. Its components include prevention, monitoring and mitigation. It also contains a new feature, the design of a package of sustainability measures to ensure the continuation of IAP activities after completion of the project.
Dialogue with Plantation Concessionaires
In an effort to convey ASEAN's determination to address the haze problem by implementing the zero-burning policy, a dialogue with plantation concessionaires in Sumatra was held on 20 January 2000 in Pekanbaru, Riau province. The participants included plantation concessionaires from the provinces of Sumatra, the association of plantation concessionaires, senior officials from the Ministries of Environment of Brunei Darussalam, Indonesia, Malaysia and Singapore, donor agencies, and the ASEAN Secretariat. Indonesia took the occasion to discuss its draft law on burning practices with the participants. Another dialogue is scheduled for the middle of the year 2000 in Indonesia.
Proposed ASEAN Agreement on Transboundary Haze Pollution
In August 1999, the ASEAN Ministerial Meeting on Haze (AMMH) adopted the Terms of Reference for a Feasibility Study for a Single ASEAN Agreement on Transboundary Haze Pollution. The feasibility study including the results of the background studies undertaken by UNEP consultants and experts in the region, draft outline of the Agreement, design procedures and budget for negotiation, have been completed and presented to the ASEAN Environment Ministers in April 2000. Thereafter, the ASEAN Working Group on Legal and Technical Experts (WGLTE) held its first meeting on 24-25 May 2000. The WGLTE had examined in detail the feasibility study and agreed to recommend to the HTTF a draft outline for the Agreement.
ADB-funded RETA and CSU
In support of the implementation of the Regional Haze Action Plan, the Asian Development Bank has been extending technical assistance since April 1998. The Project Management Unit (RETA-PMU) is based in the ASEAN Secretariat for the day-to-day management of the project. The project has assisted the member states to develop their own National Haze Action Plans (NHAPs). It has also drawn up Detailed Implementation Plans (DIPs) for the Sub-Regional Fire-fighting Arrangements (SRFAs) for Borneo and Sumatra. The ADB assistance ended on 31 December 1999.
To sustain these efforts, ASEAN established a Coordination and Support Unit (CSU) for the implementation of RHAP in April 1999. Three new core staff members of the CSU have been recruited to work full time at the ASEAN Secretariat. In addition, UNEP through a project entitled "Capacity Development of the Coordination and Support Unit (CSU) for the ASEAN Regional Haze Action Plan (RHAP) Implementation," has provided funding support to CSU to employ an assistant programme manager (from October 1999 to September 2000) to help carry out projects funded by UNEP.
Other Projects and Activities
To implement RHAP, ASEAN has been working on the following: Establishment of a GIS Database for Sumatra, Borneo and Peninsula Malaysia, Video-Conferencing (VC) for the ASEAN Secretariat and SRFA Member Countries, Establishing an ASEAN Fund for Transboundary Atmospheric Pollution (ASEAN Haze Fund Study), and ASEAN Fire Danger Rating System. Details of the status of projects are available in the ASEAN Haze Action Online (www.haze-online.or.id).
Transnational Crime
With the rapid advances in technology and the greater mobility of people and resources across national boundaries, transnational crime has become increasingly pervasive, diversified and organized. The ASEAN region has to deal with many new forms of organized crimes that transcend national boundaries, such as terrorism, new types of drug abuse and trafficking, innovative forms of money laundering, arms smuggling, trafficking in women and children, and piracy.
ASEAN's resolve to fight transnational crime can be traced to the Declaration of ASEAN Concord of 1976, which called for the intensification of cooperation among Member Countries and with international bodies to prevent and eradicate narcotics abuse and the illegal trafficking in drugs. Having consistently addressed the issue of transnational crime for more than two decades, the Meeting of ASEAN Ministers of Interior/Home Affairs on Transnational Crime adopted the ASEAN Declaration on Transnational Crime in December 1997, which underscored the Association's resolve to adopt a comprehensive approach to fighting transnational crime through greater regional collaboration and by forging international cooperation.
In a further step to fight transnational crime, the ASEAN Plan of Action to Combat Transnational Crime was adopted in June 1999. The Plan of Action established mechanisms for information exchange, cooperation in legal and law enforcement matters, institutional capacity building, training and extra-regional cooperation.
Consultations are proceeding on the proposed establishment of the ASEAN Centre for Combating Transnational Crime (ACTC). As envisioned, the Centre will promote data resource sharing, assist in the implementation of programmes outlined in the proposed action plan, and serve as a repository of information on legislation, regulatory measures and jurisprudence of individual member countries. It is envisaged that the ACTC will conduct research and analysis of transnational crime activities and to recommend regional strategies.
Drugs and Narcotics
The Hanoi Plan of Action calls upon the Member Countries to implement the ASEAN Work Programme to Operationalize the ASEAN Plan of Action on Drug Abuse Control by 2004, and to continue developing and implementing high-profile flagship programmes on drug abuse control, particularly those related to prevention education for youth and to treatment and rehabilitation.
Responding to this call, the ASEAN Senior Officials on Drug Matters (ASOD) endorsed eight projects: (a) Training on Intelligence Operations Management and Supervision; (b) Training on Financial Investigations; (c) Enhancement of Community Based Drug Prevention Activities; (d) Youth Empowerment Against Drug and Substance Abuse; (e) Promotion of Drug Control Activities in the Workplace; (f) Promoting Drug Abuse Prevention Activities among Out-of-
School Youth; (g) ASEAN Seminar on Precursor Chemicals; (h) Training of Trainers in Interpersonal Skills and Peer Support Counseling in Drug Education.
The Youth Empowerment Against Drug and Substance Abuse project aims to equip young people with the knowledge, decision-making skills and values to stay away from drugs. Apart from developing regional cooperation to enhance youth capability and participation in the prevention of drug abuse through positive activities, this project is also on the look-out for real-life role models who can lead organized youth movements against drug abuse. Meanwhile, the Promoting Drug Abuse Preventive Activities Among Out-of-School Youth project aims to make use of peer group discussions to assist ASOD in the development of more targeted prevention activities.
Immigration Matters
The ASEAN leaders have directed the ASEAN Heads of Immigration to discuss ways of cooperation in immigration matters, including the simplification of immigration clearance procedures. The Directors General of Immigration Departments and Heads of Consular Divisions of the Ministries of Foreign Affairs of ASEAN Member Countries (DGICM) are now considering the following areas for cooperation: opening ASEAN lanes at the international airports, visa-free entry for ASEAN nationals, possible use of smart cards as travel documents within the region, harmonization of ASEAN immigration embarkation and disembarkation cards, and the facilitation of the movement of yachts, leisure boats and private aircraft within the ASEAN region.
Cooperation in immigration is expected to contribute significantly to facilitating the movement of people and promoting tourism in the region. It can contribute to the implementation of the ASEAN Investment Area (AIA) by promoting freer flow of capital, skilled labor, professionals and technology. A more efficient immigration system can also facilitate the Visit ASEAN Campaign, which is expected to draw a large number of tourists from North America, Europe and East Asia as well as within the region. Cooperation in immigration can help in the implementation of the ASEAN Plan of Action to Combat Transnational Crime, particularly with respect to trafficking in persons.
ASEAN has agreed to establish an Institutional Framework for ASEAN Cooperation on Immigration Matters. A Plan of Action for Cooperation on Immigration Matters is being developed. In addition, an ASEAN Directory of Immigration Focal Points is being put together to facilitate networking among the immigration authorities in ASEAN.
Law and Legal Matters
Although there is a great diversity in the legal and constitutional systems of the Member Countries, globalization has revealed the close nexus between economic growth and the legal system. A sound legal system and the effective administration of justice are seen as a key requirement for attaining economic and social growth and a building block for regional economic integration.
In order to facilitate closer cooperation on law and legal matters, the ASEAN Law Ministers adopted several measures in 1999 comprising the ASEAN Government Law Directory, the Government Legal Officers Programme, the Exchange of Visits by ASEAN Law Officials, and the Exchange of Legal Information.
The ASEAN Government Law Directory will identify the key office holders in the legal establishment of each ASEAN Member Country and their specific responsibilities. After the first edition is completed, the directory will be published on the ASEANWEB.
Public legal officers in each Member Country will have the opportunity to learn about the legal environment of other ASEAN countries and their laws and regulations under the Government Legal Officers Programme. This would provide an opportunity for the participants to build relationships and foster appreciation of the workings of other government agencies in ASEAN. The Exchange of Visits by ASEAN Law Officials aims to promote solidarity and enhance mutual understanding of the legal and constitutional systems of ASEAN Member Countries.
The Law Ministers adopted the Exchange of Legal Information programme. Under this programme, each Member Country will nominate an officer or an agency to be the ASEAN Legal Information Authority (ALIA) for its jurisdiction. The officer or agency will be responsible for facilitating the exchange of legal information in ASEAN and be the repository of ASEAN legal information.