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ASEAN

and Human Rights

A Compilation of ASEAN

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ASEAN and Human Rights:


A Compilation of ASEAN Sfafements on Human Rights

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Editorial Board

Carlos P. Medina, Jr.


Editor-in-Chief

Amparita S. Sta. Maria Rea A. Chiongson Sarah Lou Y. Arriola Ray Paolo J. Santiago Myrfi S. Gonzalez

Cover design by Shiva S. Mehrabi

Published with the support of

The Asia Foundation

ASEAN and Human Rights:


A Compilation of ASEAN Statements on Human Rights Philippines Copyright 2003 rsBN 97r-8899-12-X
Published by

Working Group for an ASEAN Human Rights Mechanism


Secretariat Ateneo Human Rights Center Ground Floor, School of Law, Ateneo de Manila University 20 Rockwell Drive, Rockwell Center, Makati City 1200 Philippines Tel.: (63-2) 899-7691loc.2ll I Fax: (63-2) 899-4342

Email: wgroup@aps.ateneo.edu www.aseanhrmech.org This publication is for public use. Portions or the entire publication may be freely reproduced or reprinted in order to popularize human rights, as long as due credit is given to the Working Group for an ASEAN Human Rights Mechanism. A copy of such reprint would be appreciated.

Acknowledgment
The Working Group for an ASEAN Human Rights Mechanism (Working Group) wishes to thank the following for making this publication possible: Niza Concepcion, Rommel de Vera, Armando Paragat, Dhelma Patriarca-Provido, Sedfrey M. Candelaria, Gilbert Sembrano, Tricia Clare Oco, Ma. Victoria Cardona, Ana Janet Sunga, Glenda Ramirez, Ronaldo Gutierrez, Mary JaneZantua, Ina Lapid, Mylene Equilos, Cla Mallari, Jojit Guzman, Rene Cruz, Carlo Escalada, Nad Pugeda, Alu Dorotan, Evangeline Riosa, Carmelita Santos, and the Ateneo Human Rights Center. The Working Group is also deeply grateful to The Asia Foundation in Manila, Philippines, for generously providing financial support to this project.

Foreword
ASEAN and Human Rights is a modest attempt to address a persistent question: "To what extent is ASEAN supportive of human rights?" The question often crops up in the course of advocacy efforts of the Working Group for anASEAN Human Rights Mechanism to engageASEAN governments and peoples on the initiative to establish an appropriate regional mechanism on human rights. Based on the 1967 Bangkok Declaration which created the Association of Southeast Asian Nations, the aims and purposes of ASEAN include, among others, the following: (a) to accelerate economic growth, social progress, and cultural development in the region; (b) to promote regional peace and stability through respect for justice and the rule of law; (c) to promote mutual assistance on matters of common interest; and (d) to collaborate towards raising the living standards of ASEAN peoples.

Interestingly, the words "human rights" cannot be found in the text of the 1967 Bangkok Declaration. The aims of ASEAN, however, clearly address human rights-related issues.

This compilation of ASEAN statements on human rights, culled from various documents, action plans, declarations and issuances covering the period from August 1967 to October 2003, generally shows that civil, political, economic, social and cultural rights are very much parl ofASEAN concerns. The statements are divided into three categories. Part I covers statements on general human rights principles and issues. Part II classifies statements according to different human rights themes. Part III
classifies statements according to the vulnerable groups they address. Under each part, the statements
are presented in a chronological order.

The different themes and vulnerable groups were selected based on the degree of importance ASEAN

of statements referring to specific themes and groups. Picking out which statements to include and to exclude was, however, more difficult than selecting themes and groups. In this regard, the selection of statements was guided by the following: (a) only official ASEAN acts or instruments were considered, and not those of only some ASEAN members; (b) priority was given to substantive statements on principles over statements on details; and (c) repetitive statements and statements of recognition or acknowledgment were minimized, if not avoided. Overlaps in certain areas, however, could not be avoided.
attaches to them as shown by the volume The obvious limitation of this publication is that the statements do not necessarily reflect the reality. The Working Group for an ASEAN Human Rights Mechanism, however, hopes this publication will not only serve as a reference material for human rights advocates around the ASEAN region and beyond, but also contribute to a better understanding of ASEAN as an institution. Additionally, for the Working Group, this publication is in commemoration of the 10'h anniversary of the 1993 Singapore Declaration where ASEAN foreign ministers "agreed that ASEAN should also consider the establishment of an appropriate regional mechanism on human rights."

Carlos P. Medina, Jr. Secretary General Working Group for an ASEAN Human Rights Mechanism December 2003, Manila

Table of Contents
Foreword

Part

I.

tr D

Human Rights in General Statements on General Principles Statements on Universal Concerns ' Crimes Against Humanity

I
8

Transnational Crimes

1I

Part

II. Human Rights Themes D Civil and Political Rights tr Governance and Participation o Development . Economic Development . IntellectualProperty . Social Development . Human Resources Development tr Culture u Environment B Self-Determination o Peace, Security, and Conflict Resolution tr Health, Food and Agriculture, and Drugs tr Education tr Mechanisms/General Cooperative Arrangements a Movement and Migration o ArmsControl/Disarmament
III.
D

15

23
31

57 60 76 80 84
101

IT4
147 166 170 186 187

Part

Vulnerable Groups Women

203

o o
tr

Children
Youth

...:...

Refugees, Displaced Persons, and Other Victims of Humanitarian Disasters

206 210 215 217 218

Labor

List of Documents

PART I. HUMAN RIGHTS IN GENERAL


STATEMENTS ON GENERAL PRINCIPLES
REITERATING our commitment to the principle in the Bangkok Declaration which established ASEAN in 1967, "that the countries in South East Asia share a primary responsibility for strengthening the economic and social stability of the region and ensuring their peaceful and progressive national development, and that they are determined to ensure stability and security from external interference in any form or manifestation in order to preserve their national identities in accordance with the ideals and aspirations of their people"; [Zone of Peace Freedom and Nentralie Declaration (Knala
Lumpur Declaration), Kuala Lumpur, Malaysia, 27 November 197 lJ

ENDEAVOUR to promote peace, progress, prosperity and the welfare of the peoples of
member states; [Declaration of ASEAN Concord, Bali,Indonesia, 24 Febntary ]9761

The elimination of poverty, hunger, disease and illiteracy is a primary concern of member states. They shall therefore intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of the living standards of their peoples. [Declaration of ASEAN Concord, Bati, 24 Febnrary 1976J

Nothing

in this Agreement shall prevent any Contracting State, from taking action and adopting measures which it considers necessary for the protection of its national security, the protection of public morality, the protection of human, animal and plant life and health, and the protection of articles of artistic, historic and archaeological value. [Articte 16, Agreement on ASEAN Preferential Trading Awangements
Manila, 24 February 1977J

They also agreed that this cooperation should serve their people by promoting greater prosperity, social justice and human rights. [Par. tI, Joint Declaration of the ASEAN-EC
Ministerial Meeting, Brussels, Belgium, 2I November I97BJ

They reaffirmed their commitment to world peace, international cooperation and understanding, economic development, social justice and human rights. [par. I, Joint
Statemenl on Political Issues, Kuala Lumpur, Malaysia, 8 March 1980J

CONVINCED that it is imperative for the peoples of ASEAN to continue and accelerate their development processes in order to meet their growing needs and to provide them

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

with a quality of life in accord with their dignity and well-being, [Par.
on Sustainable Development, Jakarta, Indonesia,30 October 19871

2, Jakarta Resolution

They warmly welcomed the changes in Central and Eastern Europe whose people have shown their strong aspirations towards freedom, multiparty democracy, respect for human rights, prosperity, social justice and peace, as well as their desire to decide their own destiny and choose the path of their development. [Par. 4, Joint Declaration of the 9't' ECASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

The Ministers also reviewed the positive developments in Asia. They noted that the dynamic economies of Asia have positively contributed to the process of enhancing regional as well as intemational peace and stability. They welcomed the ongoing efforts to solve the outstanding problems in North Asia. They took cognizance of the growth of democratic practices, respect for human rights, increased political and economic participation of all people which enhances the productive process and contributes to a more equitable sharing of economic benefits. [Par. 5, Joint Declaration oJ'the 9't' EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

The Ministers were of the view that international cooperation to promote and encourage respect for human rights and for fundamental freedoms for all without distinction to race, sex and religion should be enhanced. Sfar.7, Joint Declaration of the 9't' EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

Therefore, when the issue of human rights is linked to trade, investment and finance, ASEAN cannot but view it as added conditionalities and protectionism by other means. [Par.7, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, t9-20 July leetJ

The Foreign Ministers exchanged views on the issue of human rights and noted with concem its tendentious application in inter-state relations. They agreed that while human rights is universal in character, implementation in the national context should remain within the competence and responsibility of each country, having regard for the complex variety of economic, social and cultural realities. They emphasized that the intemational application of human rights be narrow and selective nor should it violate the sovereignty of nations. [Par. 15, Joint CommuniEre of the 24't'ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia,
I9-20 July 19911

They reiterated that human rights in Cambodia should be fully protected. [Par.
Commtrniqtre of the 24't' ASEAN Ministerial Meeting, Kuala Ltmpur, Malaysia, 19-20 July

21, Joint

I99lJ

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete elimination so that a new, non-racist, united and democratic society could be built in its place. While welcoming the repeal of apartheid legislations in South Africa, they stressed that these reforms must in reality lead to the attainment by the black majority population of South Africa of all political, economic and social rights enjoyed by the whites, to be guaranteed within the framework of a new Constitution of South Africa. [Par. 32, Joint Commtrnique of the 24'h ASEAN Ministerial
Meetrng, Kuo\o Lumpur, Moloysio, I 9 -20

Jrb

99

]]

The Ministers noted with concern the increasing tendencies

to link the issues of

environmental protection and human rights to development and commercial cooperation. They stressed that these issues should not be used as conditionality for aid and development financing. [Par.59, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala
Lttmpur, Malaysia, 19-20 July 19911

The Foreign Ministers maintained that environmental and human rights concerns should not be made as conditionalities in economic and development cooperation. They noted that basic human rights, while universal in character, are governed by the distinct culture and history of, and socio-economic conditions in each country and that their expression and application in the national context are within the competence and responsibility of each country. [Par. ]8, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Phitippines,
2l -22 July 19921

The Ministers emphasized their common commitment, in accordance with the United Nations Charter and the Universal Declaration of Human Rights, to the promotion of and respect for human rights and fundamental freedoms, development, democracy and greater social justice and agreed to continue their dialogue and cooperation on these issues. 1par.
34, Joint Declaration of the I0'h ASEAN-EC Ministers Meeting, Manila, Phitippines 29-30 October 1992/

EC Mini,sters Meeting, Manila, Philippines 29-30 October 1992J

The Ministers expressed grave concern over the tragic situation in former Yugoslavia. They condemned the massive violation of human rights and the wanton disregard of the basic precepts of international humanitarian law. [Par.36, Joint Declaration of the I0'h ASEAN-

The Foreign Ministers welcomed the international consensus achieved during the World Conference on Human Rights in Vienna, 14-25 June 1993, and reaffirmed ASEAN's commitment to and respect for human rights and fundamental freedoms as set out in the Vienna Declaration of 25 June 1993. They stressed that human rights are interrelated and indivisible comprising civil, political, economic, social, and cultural rights. These rights are of equal importance. They should be addressed in a balanced and integrated manner and protected and promoted with due regard for specific cultural, social, economic and political circumstances. They emphasized that the promotion and protection of human
4

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete elimination so that a new, non-racist, united and democratic society could be built in its place. While welcoming the repeal of apartheid legislations in South Africa, they stressed that these reforms must in reality lead to the attainment by the black majority population of South Africa of all political, economic and social rights enjoyed by the whites, to be guaranteed within the framework of a new Constitution of South Africa. [Par. 32, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 July I99ll

The Ministers noted with concern the increasing tendencies

to link the issues of

environmental protection and human rights to development and commercial cooperation. They stressed that these issues should not be used as conditionality for aid and development financing. [Par.59, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala
Lumpur, Malaysia, 19-20 July

l99ll

The Foreign Ministers maintained that environmental and human rights concerns should not be made as conditionalities in economic and development cooperation. They noted that basic human rights, while universal in character, are governed by the distinct culture and history of, and socio-economic conditions in each country and that their expression and application in the national context are within the competence and responsibility of each country. [Par. ]8, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Philippines,
2l-22 July
19921

The Ministers emphasized their common commitment, in accordance with the United Nations Charter and the Universal Declaration of Human Rights, to the promotion of and respect for human rights and fundamental freedoms, development, democracy and greater social justice and agreed to continue their dialogue and cooperation on these issues. 1par.
34, Joint Declaration of the 10'h ASEAN-EC Ministers Meeting, Manila, Phitippines 29-30 October 1992J

The Ministers expressed grave concern over the tragic situation in former Yugoslavia. They condemned the massive violation of human rights and the wanton disregard of the basic precepts of international humanitarian law. [Par.36, Joint Declaration of the i0'h ASEANEC Ministers Meeting, Manila, Philippines 29-30 October 1992/

The Foreign Ministers welcomed the international consensus achieved during the World Conference on Human Rights in Vienna, 14-25 June 1993, and reaffirmed ASEAN's commitment to and respect for human rights and fundamental freedoms as set out in the Vienna Declaration of 25 June 1993. They stressed that human rights are interrelated and indivisible comprising civil, political, economic, social, and cultural rights. These rights are of equal importance. They should be addressed in a balanced and integrated manner and protected and promoted with due regard for specific cultural, social, economic and political circumstances. They emphasized that the promotion and protection of human
4

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

rights should not be politicized . [Par.


Singapore, 23-24 July 1993J

t 6, Joint Communique o.f the 26't' ASEAN Ministerial Meeting,

The Foreign Ministers agreed that ASEAN should coordinate a common approach on human rights and actively participate and contribute to the application, promotion and protection of human rights. They noted that the UN Charter had placed the question of universal observance and promotion of human rights within the context of iniernational cooperation. They stressed that development is an inalienable right and that the use of human rights as a conditionality for economic cooperation and development assistance is detrimental to intemational cooperation and could undermine an international consensus on human rights. They emphasized that the protection and promotion of human rights in the international community should take cognizance of the principles of respect for national sovereignty, territorial integrity and non-interference in the internal affairs of the states. They were convinced that freedom, progress and national stability are promoted by a balance between the rights of the individual and those of the community, through which many individual rights are realized,, as provided for in the Universal Declaration of Human Rights. [Par. 17, Joint Commtmique of the 26't'ASEAN Ministerial Meeting, Singapore, 23-24
July 19931

The Foreign Ministers reviewed with satisfaction the considerable and continuing progress of ASEAN in freeing its peoples from fear and want, enabling them to live in dignity. They stressed that the violations of basic human rights must be redressed and should not be tolerated under any pretext. They further stressed the importance of strengthening international cooperation on all aspects of human rights and that all governments should uphold humane standards and respect human dignity. In this regard and in support of the Vienna Declaration and Programme of Action of 25 June 1993, they agreed that ASEAN should also consider the establishment of an appropriate regional mechanism on human rights. [Par. 18, Joint Communique o/'the 26'/' ASEAN Ministerial Meeting,
Singapore, 23-24 July 19931

BEARING IN MIND that the Declaration of ASEAN Concord signed in Bali, Indonesia in February 1976 provides that the elimination of poverty, hunger, disease and illiteracy is the primary concem of member countries, and that they shall therefore intensify cooperation in economic and social development; [Resotution on the ASEAN plan of'Action /or
Children, Manila, Philippines, 2 Decenber 19931

The Ministers expressed their commitment to reinvigorate and to intensify their


longstanding dialogue and cooperation on issues of peace and security, the environment and sustainable development, trade and investment, human rights, based on partnership, shared responsibility and mutual benefit. [Par. 4, Joint Declar"ation o/ the ] I'/' ASEAN-EU

Ministerial Meeting, Karlsnrhe, Germany, 22-23 September 19941

Working Group for an ASEAN Human Rights Mechanism

commitment of both sides to give priority to the alleviation of poverty, human resource development, health and family planning, the role of women, respect for human rights, environment and sustainable development, taking into account the individual ASEAN countries, needs. [Par. 16, Joint Declaration of the 1]th ASEAN-ELI Ministerial Meeting, Karlsruhe,
Germany, 22-23 September 1994J

The Ministers discussed EU-ASEAN development cooperation, and notably

the

The Ministers emphasised their common commitment to the promotion of and respect for human rights and fundamental freedoms on the basis of the Charter of the United Nations, the Universal Declaration of Human Rights, and the Vienna Declaration and Programme of Action. They expressed their strong support for the successful implementation of the Vienna Declaration and Programme of Action. [par. 25, Joint Declaration of the I I'h ASEAN-E\J Ministerial Meeting, Kartsruhi, Germany, 22-23 September 1994/

ASEAN shall undertake measures to fuither strengthen its national and regional
resilience in the political economic, social, cultural, humanitarian and other fields; ipor. Bangkok summit Declaration of 1995, Bangkok, Thaitand, I 5 December t 995J
s,

Meeting, Singapore, I3-14 February 1997J

We renewed our commitment to reinvigorate and to intensify our long-standing dialogue and cooperation on issues of peace and security, the environment and zustainable development, trade and investment, human rights, based on partnership, shared responsibility and mutual benefit. [Par.5, Joint Declaration of the ]2'h ASEAN-EU Ministerial

Meeting, Subang Jaya, Malaysia, 24-25 Juty 19971

The Foreign Ministers while recognizing the importance of trade in bringing about economic development to the ASEAN countries, maintained that human rlgtrti issues should not be made conditional to the promotion of free trade among nations. The Ministers believed that the issues should be dealt with at the appropiiate fora. The Foreign Ministers expressed concern over the emerging trend of iiut., provincial and other local authorities in countries outside this region seeking to impose frade sanctions against other States on grounds of alleged human rights violations and non-trade related issues. The Foreign Ministers noted the International trading system would be undermined if this trend persisted. )t'ar. 35, Joint Commttnique o7 ttrc so;, ASEAN Ministerial

REAFFIRMING the Declaration of ASEAN Concord signed in Bali, in February 1976 which noted that the elimination of poverty, hunger, disease and illiteracy is a primary concern, and resolving to intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of living standards of the people in ASEAN; fMinisterial tJnderstanding on ASEAN Cooperation in Rural
Development and Poverty Eradication, subang Jaya, Malaysia, 23 october 1997J

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We see vibrant and open ASEAN societies consistent with their respective national identities, where all people enjoy equitable access to opportunities for total human development regardless of gender, race, religion, language, or social and cultural
background.

We envision a socially cohesive and caring ASEAN where hunger, malnutrition,


deprivation and poverty are no longer basic problems, where strong families as the basic

units of society tend to their members particularly the children, youth, women and elderly; and where the civil society is empowered and gives special attention to the disadvantaged, disabled and marginalized and where social justice and the rule of law
reign.

We envision our nations being governed with the consent and greater participation of the people with its focus on the welfare and dignity of the human person and the good of the community. IASEAN Vision 2020, Kuala Lumpur, Malaysia, t 5 December 1997]

The Foreign Ministers recalled the decision of the 26th ASEAN Ministerial Meeting held on23-24 July 1993 in Singapore to consider the establishment of an appropriate regional mechanism on human rights and noted the establishment of the informal nongovernmental Working Group for an ASEAN Human Rights Mechanism. [Par. 28, Joint Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 19981

The Foreign Ministers noted that the world will celebrate in December 1998 the 50th anniversary of the Declaration of Human Rights. Considering that two-thirds of the ASEAN population consists of women and children, they recognized the importance of international conventions and declarations relating to the promotion of human rights, such as the Convention on the Rights of the Child and the UN Convention on the Elimination of all Forms of Discrimination Against Women. The Foreign Ministers took cognizance of the fact that steps are being taken to bring to fruition the creation of a community of caring societies, as enshrined in the ASEAN Vision 2020, which gives particular emphasis to children, youth, women and the elderly. [Par. 29, Joint Communiqcre of
the 31" ASEAN Ministerial Meeting, Manila, Phitippines, 24-25 July
19981

Enhance exchange of information in the field of human rights among ASEAN Countries in order to promote and protect all human rights and fundamental freedoms of all peoples in accordance with the Charter of the United Nations, the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action. [Par. 4.8, Ha Noi ptan of Action, Ha Noi, Viet Nam, l5 December 19981

We reaffirmed ASEAN's policy of ensuring that the poor, the disadvantaged, and other vulnerable sectors of society, including women and children, are not harmed or neglected in the effort to promote economic growth. We stressed the crucial role of women in

Working Group for an ASEAN Human Rights Mechanism

economic recovery programmes. It is important to focus on the social impact of the crisis and to expand social programmes in times of difficult! [Par. 3], Joint Communique of the 32"'l
ASEAN Ministerial Meeting, Singapore, 23-24 July 1999J

We reaffirmed adherence to the principle of non-discrimination in the pursuit of development cooperation in ASEAN. ASEAN's relationships ith all its Dialogue Partners, as well as its cooperation with other countries and regional and intemational
organizations are based on equality, non-interference, non-discrimination, mutual respect and mutual benefit. [Par. 35, Joint Communique of the 32'd ASEAN Ministerial Meeting, Singapore,
23-24 July 1999J

STATEMEIVTS ON UIVIVERSAL CONCERI{S


Crimes Against Humanity
With regard to Southern Africa, the Ministers rejected unequivocally the system of apartheid which violates human dignity and reiterated their call for its total abolition. They called on the goveffrment of South Africa to initiate without further delay the national dialogue with the genuine representatives of the South African people. The
prerequisites of this should include the lifting of the state of emergency, the unconditional release of all political prisoners and the unbanning of all political parties. [Par.ll, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf , 2-3 May 1988J

The Foreign Ministers expressed their grave concern at the continuing state of conflict in Southern Africa. They reaffirmed their condemnation of apartheid which they considered inhuman and a root cause to the conflict in the region. The perpetration of genocide at home and the practice of state terrorism abroad were inherent in the system of apartheid. The Foreign Ministers therefore reiterated that there could be no peace and stability in Southern Africa until and unless the system of apartheid is totally eliminated. [Par. 79,
Joint CommttniEte of the 22"t ASEAIV Ministerial Meeting, Bandar Seri Begawan, Bnmei Danrssalam, 3-4

July I9B9J

The Ministers reiterated their total rejection of the system of apartheid which represents a crime against the conscience and dignity of mankind and reaffirmed their commitment to its complete eradication, so that in its place a new, non-racial, united and democratic society could be built. They observed that the initiation of the national dialogue with the genuine representatives of the black majority of the South African people has become increasingly urgent. While welcoming the recent lifting of the ban on the ANC and other organisations and the release of Mr. Nelson Mandela, they were of the view that more needed to be done in order to establish a climate conducive to a meaningful dialogue. The Ministers reaffirmed that their common objective was the complete and peaceful
8

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

eradication of the apartheid system and that, pending evidence of clear and irreversible change to this end, appropriate pressure should be maintained on the South African Government. [Par. 22, Joint Declaration, Eighth ASEAN-EC Ministerial Meeting, Kuching, Malaysia,
I 6-

I 7 Februurl' 1990J

They reiterated their condemnation of all responsible for the policies and practices of the period 1975-1978 which led to the extermination of Cambodians on a large scale. They are firmly of the view that there should not be a return to the situation of l9l5-1978. Srar.
2, Joint Statement of the ASEAN Foreign Ministers on the Cambodian Problem Issues in Jakarta on 23

July 1990/

The Foreign Ministers reaffirmed their condemnation of the apartheid system which constitutes a crime against humanity and reiterated their commitment to work for its total elimination. While welcoming the lifting of the ban on the African National Congress (ANC) and other anti-apartheid organizations as well as the release of Mr. Nelson Mandela. They believed that barriers to the total dismantling of the apartheid system remain in place. [Joint Communiqtrc of the 23'''1 ASEAN Ministerial Meeting, Jakarta, Indonesia,24-25
July 1990J

They once again stressed the fundamental right of Cambodians to choose their own government in free and fair elections. They further underlined the need for human rights to be fully protected in Cambodia. They reaffirmed their condemnation of those responsible for the policies and practices which led to the extermination of hundreds of thousands of Cambodians from 1915 to 1978 and expressed the view that any settlement should prevent the return to the genocidal practices and policies of the past and that no Cambodian Group should be allowed to seize or retain power through force of arms. [Par.
10, Joint Declaration of the Ninth EC-ASEAI{ Ministerial Meeting, Luxembourg, 30-31 May

I99lJ

They reiterated that human rights in Cambodia should be fully protected. They also expressed the view that any settlement should prevent the return to the genocidal practices and policies of the past and that no Cambodian party should allowed to seize or retain power through force of arms. [Par.2], Joint Communique of'the 24'h ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 July l99lJ

The Foreign Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete elimination so that a new, non-racist, united and democratic society could be built in its place. While welcoming the repeal of apartheid legislations in South Africa, they stressed that these reforms must in reality lead to the attainment by the black majority population of South Africa of all political, economic and social rights enjoyed by the whites, to be guaranteed within the framework of a new Constitution of South Africa. [Par. 32, Joint Commnnique of the 24'h ASEAN Ministerial
Meeting, Kuala Lumpzrr, Malaysia, l9-20 July I99lJ

Working Group for an ASEAN Human Rights Mechanism

Joint Declaration of the 10'h ASEAN-EC Ministers Meeting, Manila, Phitippines 29-30 October 1992J

They called for an immediate end to the obnoxious practice of "ethnic cleansing" principally in Bosnia and Herzegovina, with the return of displaced persons to their homes, and for the dismantling of camps, prisons, and other places of detention. [par. 36,

The Ministers called for full support of LrN Security Council Resolutions No. 770 (1992) relating to the effectiveness of the United Nations Protection Force (TINPROFOR) in carrying out its tasks of peacekeeping, protection and ensuring delivery of humanitarian relief throughout the former Yugoslavia, and No. 780 (1992) providing for the creation of an impartial commission of experts to assist the LIN Secretary-General in the collation and analysis of evidence of war crimes in former Yugoslavia . [Par. 37, Joint Declaration of
the I0't' ASEAN-EC Ministerial Meeting, Manila, Philippines, 29-30 October 1992J

They called on the UN Security Council to act decisively to halt the Serbian aggression, reverse it through withdrawals from all territories occupied by the use of force, "ethnic cleansing" or by any other means, and fully restore the sovereignty, unity and territorial integrity of Bosnia-Herzegovina. [Par. ]4. Joint Communique of the 26't' ASEAN Ministerial Meeting, Singapore, 23-24, July 19931

The Foreign Ministers welcomed the historic victory of the South African people over apartheid and the establishment of a non-racial and democratically elected government in that country. [Par. ]3. Joint Communiqtre of the 27'h ASEAN Ministerial Meeting, Bangkok, Thailand,
22-23 July 19941

The Ministers strongly condemned the persistent campaign of "ethnic cleansing" perpetrated by the Bosnian-Serb forces in the areas in the Republic of BosniaHerzegovina under their control. The Ministers demanded that the Bosnian-Serb forces immediately cease their campaign of "ethnic cleansing". They emphasized that this practice of "ethnic cleansing" constitutes a clear violation of international humanitarian law and poses a serious threat to the peace effort. [Par. 28, Joint Declarotion of the ] l't' ASEANELI Ministerial Meeting, Karlsruhe, Germany, 22 -23 September 1994/

International Tribunal for the former Yugoslavia and its organs in the discharge of their mandate. In this regard, the Ministers supported the International call for the arrest of those who ttave been indicted for war crimes, and their removal from BosniaHerzegovina as an important condition for the full implementation of the Dayton Peace Accord. [Par. I5 Joint Communique of the 2g't'ASEAN Ministerial Meeting, Jakarta, Indonesia,20-2]
July 19961

They emphasized the need for the parties and all States to cooperate with

the

l0

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

They reiterated their demand that those indicted war criminals be brought to justice through the International Criminal Tribunal for the former Yugoslavia in The Hague. [Par.2t, Joint Communique of the 30't'ASEAN Ministerial Meeting, SubangJaya, Malaysia,24-25 Juty
1eeq

Trunsnationul Crimes
The Foreign Ministers recalled their Joint Communique issued at the 16th ASEAN Ministerial Meeting in which they expressed serious concern with the increase incidents in drug abuse and trafficking in the ASEAN region. In this regard, the Foreign Ministers noted with satisfaction that concerted efforts had been taken to combat drug abuse and that the policies and strategies adopted at the 8th Meeting of the ASEAN Drug Experts would serve as the basis to intensify ASEAN cooperation in solving drug problems. [par.
50 Joint Communique of the 17"' ASEAN Ministerial Meeting, Jakarta, 9-10 Juty 1984]

The Foreign Ministers commended the untiring efforts of the IIN Secretary General and those of the various bodies within the I-IN system in combating the drug problem. The Foreign Ministers noted with satisfaction that ASEAN's efforts in soliciting the support of the international community to cooperate intensively in combating the spread of drug abuse and trafficking had achieved fruitful results. Pursuant to the IIN General Assembly Resolution 401122 of 1985, the International Conference on Drug Abuse and Illicit Trafficking (ICDAIT) will be held in Vienna from 17-26 June 1987. ASEAN expressed its gratitude and appreciation to those countries which had given their support for the candidatures of Malaysia and Thailand for the posts of President and Vice-President of the Conference respectively. At that Conference, ASEAN will play a leading role to ensure that the fight against the drug menace will be waged relentlessly by the intemational community. Jfar. 42, Joint Commtmique of the 20't' ASEAN Ministerial Meeting,
Singapore, I 5-l
6

June I 987J

The Ministers stressed the importance they attached to systematic and continued action against the abuse of drugs and against organized crime related to illicit production and trafficking of narcotics and psychotropic substances. The EC Ministers appreciated and supported the serious and active efforts undertaken, at regional level by ASEAN in all aspects towards the control and prevention of the deadly scourge. [Par. 5 5, Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99IJ

ASEAN shall intensiff its cooperation in overcoming the serious problem of drug abuse and illicit drug trafficking at the national, regional and international levels; [Par. 7,
Singapore Declaration of 1992, Singapore, 28 Jaruary 1992J

II

Working Group for an ASEAN Human Rights Mechanism

Declaration of the I2th ASEAN-EU Ministerial Meeting, Singapore, I3-14 February 1997J

We agreed to coordinate our efforts in responding to new global challenges, such as the environment, international terrorism, transnational organised crime, trafficking in people, especially in women, and the sexual exploitation of children, drug abuse and illicit drug trafficking, money laundering and diversion of chemical precursors; [par. Il(v), Joint

In view of the increasing significant of economic cooperation in the Dialogue process and the imperative of elevating functional cooperation to a higher plane, the Ministers called upon the Dialogue Partners to accord equal priority to the areas of trade investment, market access and technology transfer, as well as science and technology, culture and information, environment and social development. They further stressed the need for sustained cooperation in addressing transnational concems including the fight against terrorism, trafficking of people, illicit drugs and arms, piracy and communicable diseases. [Par.52, Joint Communique of the 30'h ASEAN Ministerial Meeting, SubangJaya, Malaysia,24-25 Juty
teery

We see well before 2020 a Southeast Asia free of illicit drugs, free of their production, processing, trafficking and use. [Par. 25, ASEAN Vision 2020. Kuala Lumpur, Malaysia, 15
December 1997J

We envision the evolution in Southeast Asia of agreed rules of behaviour and cooperative measures to deal with problems that can be met only on a regional scale, including environmental pollution and degradation, drug trafhcking, trafficking in women and children, and other transnational crimes. [Par. 28, ASEAN Vision 2020, Kuala Lumpttr, Malaysia,
I5 December 19971

Expand the scope of Member Countries' efforts against transnational crime such as terrorism, illicit drug trafficking, arrns smuggling, money laundering, traffic in persons and piracy, and to request the ASEAN Sectetary-General to include these areas in the work programme of the ASEAN Secretariat; [Par. B, ASEAN Declaration on Transnational
Crime, Manila Philippines, 20 December 1997J

Refening to decisions at the Second ASEAN informal Summit, the Foreign Ministers agreed to cooperate in ensuring the conservation and sustainability of water resources and welcomed the resolution to take firm and stern measures to combat transnational crimes such as drug trafficking and trafficking of women and children, as well as the Proposal to establish a Regional Cooperation on Nuclear Safety and Nuclear Waste Management. They exhorted ASEAN member countries to take concrete steps to pursue these initiatives. [Par. 5, Joint Communique of the 3]'t ASEAN Ministerial Meeting, Manila, phitippines, 2425 July 1998J

12

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers reviewed the prevailing situation in Bosnia and Herzegovina and noted the substantial progress that has been made in the implementation of the Dayton/Faris Peace Agreement of 1995. They recognized the important role of the United Nations in promoting the peace process and ensuring that the parties in dispute maintain the will to restore peace, tolerance and the rule of law. [Par. 19, Joint Communique of the 3l'l ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 19981

The Foreign Ministers noted the elforts of the Asia Regional Ministerial Workshop on Organized Transnational Crime, held in Manila on 23-25 March 1998, in finding a solution to the growing menace of such crimes as illicit drug trafficking, terrorism, arms smuggling, money laundering, trafficking, [Par 27, Joint Communique of the 3l't ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July 19981

Considering the effects of globalizatron, the Foreign Ministers affirmed the assertion of ASEM II on the need to cooperate on such global issues as human resource development, including management education, the fight against poverty, food supply, improvement of community health, employment, protection of the environment and promotion of sustainable development, and the fight against drugs and international crime and promotion of the welfare of women and children. [Par. 45, Joint Communique of the 3]'' ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

The Foreign Ministers reiterated the need for enhancing regional efforts against transnational crimes, such as illicit drug trafficking, terrorism, money laundering, and traflrcking in women and children. [Par. 59, Joint Communique of the 3]" ASEAN Ministerial
Meeting, Manila, Philippines, 24-25 July I99BJ

The Foreign Ministers welcomed the signing of the Joint Declaration for a Drug-Free ASEAN which affirms the goal enshrined in the ASEAN Vision 2020 to eradicate the production, processing, traffic and use of illicit drugs in Southeast Asia by the year 2020. [Par. 60, Joint Communique of the 3]'' ASEAN Ministerial Meeting , Manila, Philippines, 24-25 July
r998J

We shall intensify individual and collective efforts to address transnational crimes such as drug trafficking, money laundering, terrodsm, piracy, arrns smuggling and trafficking in persons. [Par. 26, Ha Noi Declaration of 1998, Ha lVoi, Viet Nam, l6 December 1998J

We recognised that the region had to deal with many forms of transnational crime, including terrorism, drug-trafficking, arms smuggling, money laundering, trafficking in persons and piracy. We noted with particular concem the increase of trafficking in women and children, drug-trafficking, trafficking in firearms and in stolen motor vehicles, illegal trade in cultural objects and natural resources, including flora and fauna,
t3

Working Group for an ASEAN Human Rights Mechanism

money laundering and other forms of financial crimes. [Par. 4, Joint

Communique

of

the

Second ASEAN Ministerial Meeting on Transnational Crime, Yangon, Myanmar, 23 June 1999J

In particular, we expressed our deterrnination to work towards the goal of a drug-free Southeast Asia and in building a region of agreed rules of behavior and cooperative
measures to deal with transnational crime as envisaged in the ASEAN Vision 2020. Sfar. 6, Joint Communique of the Second ASEAN Ministerial Meeting on Transnational Crime, Yangon,
Myanmar,23 June 19991

The Plan of Action to Combat Transnational Crime would establish a cohesive regional strategy to prevent, control and neutralise transnational crime; foster regional cooperation at the investigative, prosecutorial, and judicial level as well as the rehabilitation of perpetrators; enhance coordination among ASEAN bodies dealing with transnational crime; strengthen regional capacities and capabilities to deal with sophisticated nature of transnational crime; and develop sub-regional and regional treaties on cooperation in criminal justice, including mutual legal assistance and extradition. The programme of activities would encompass information exchange, cooperation in legal and law enforcement matters, institutional capacity building, training and extra-regional cooperation. [Par. 9, Joint Communique of the Second ASEAN Ministerial Meeting on Transnational
Crime, Yangon, Myanmar, 23 June 1999J

We envisioned the ACTC to bolster ASEAN cooperation in fighting transnational crime. The ACTC, through the use of modern information and telecommunications technology, would promote data sharing among the ASEAN Member Countries on criminals, methodologies, arrests, prosecutions, trials and convictions pertaining to transnational crime and would be a repository of information on national legislation, regulatory measures and jurisprudence of individual Member Countries. The ACTC would have research capabilities to conduct in-depth analysis of transnational crime activities, recommend appropriate regional strategies to fight these felonious activities and assist in the implementation of programme activities outlined in the ASEAN Plan of Action to Combat Transnational Crime. [Par. 14, Joint Communique of the Second ASEAN Ministerial Meetittg
on Transnational Crime, Yangon, Myanmar, 23 June 19991

The ASEAN Ministerial Meeting on Transnational Crime held in Yangon last month had initiated a regional plan of action to combat such crimes as illicit drug trafficking, money laundering, terrorism, piracy, arrns smuggling and trafficking in persons and agreed in principle to establish the ASEAN Centre for Combating Transnational Crime (ACTC). [Par. 29, Joint Communique of the 32'd ASEAN Ministerial Meeting, Singapore, 23-24 Juty 1999]

t4

PART II. HUMAN RIGHTS THEMES

CIWL AND POLITICAL RIGHTS

AND DO HEREBY ADOPT


The following programme of action as a framework for ASEAN cooperation.

A.

Political 6. Study on how to develop judicial cooperation including the possibility of an ASEAN Extradition Treaty. [Declaration of ASEAN Concord, Bali, Indonesia, 24
February 1976J

ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule of law and enhancing regional resilience in their relations; [Treae of Amie and
Cooperation in Southeast Asia, Bali, Indonesia, 24 February 19761

The Foreign Ministers expressed their concern over the continued intransigence of racist minority regimes in Southern Africa which constituted a threat to international peace and security. They reiterated their full support for the principles of self-determination and for the struggle for majority rule in Southern Africa in accordance with the principles and purposes of the United Nations Charter and the relevant resolutions of the United Nations. [Par. 22, Joint Communiqne of the Tenth ASEAN Ministerial Meeting, Singapore, 5-8 Juty reTu

However, this and the establishment of friendly and cooperative relations among all the states of the region depend upon a political solution to the Kampuchean question on the basis of the withdrawal of foreign forces from Kampuchea, and self-determination for the Kampuchean people. They called for the early establishment of an independent and neutral Kampuchea with a genuinely representative government, free of all foreign military presence and maintaining friendly and peaceful relations with countries in the region. [Par. 6, Joint Statement on Political Issnes, Kuala Lumpur, Malaysia, S March 1980J

The Foreign Ministers stressed that the so-called elections held in Kampuchea from March to May 1981, constituted a desperate attempt to confer legitimacy upon the Vietnamese-installed Heng Samrin regime in Kampuchea. They firmly emphasized that these fraudulent elections did not constitute a genuine expression of the free will of the Kampuchean people, for these elections were held under the shadow cast by the presence of 200,000 Vietnamese soldiers. They restated their firm belief that as long as Vietnamese occupation forces remained in Kampuchea, the Kampuchean people could
l5

Working Group for an ASEAN Human Rights Mechanism

not pursue their national interests, form a government of their own choice or freely elect their leaders. fPar. 21, Jttint Cotntrtttttitlttt'o/ thc 14'h ASEAN Ministerial Meeting, Manila, Phitippines, l7-lSJune l98ll

The Foreign Ministers welcomed the curent consultations among

Kampuchean nationalists to form a United Front with the view to the early setting up of a coalition government of Democratic Kampuchea in pursuit of their inalienable right to liberate their country from foreign occupation and domination. They recognized that the establishment of a truly representative government in Kampuchea must remain a matter for the Kampuchean people themselves to decide and pursue. [Par. 29, Joint Communique of the I4't' ASEAN Ministerial Meeting, Manila, Phitippines, l7-18 June I98lJ

They stressed the need for the total withdrawal

Vietnamese forces and the establishment, under United Nations supervision, of conditions in which the Kampuchean people would be able freely to elect a government of their choice. [Par. 3, Joint Statement of
the Foreign Ministers of the Memhers States of the European Community and ASEAN, London, l3-14 October 1981/

of

to hold the view that the problems facing the Kampuchean people, particularly the reconstruction and development of Kampuchea can only be solved when a comprehensive political settlement is reached and when a legitimate government, duly and freely elected by the Kampuchean people under United Nations supervision, has been set up in Phnom Penh. [Par. 7, Joint Statement of the Foreign Ministers of the Members States of the European CommuniQ and ASEAN, London, l3-14 October 1981J
However the Ministers continue
They noted that all appeals by the United Nations, the Islamic states and the non-aligned countries for the withdrawal of foreign troops from Afghanistan and a political solution enabling the Afghan people to determine freely their own form of govemment have been ignored. [Par. 10, Joint Statement of the Foreign Ministers of the Members States of the European
Community and ASEAN, London, 13-14 October

I98ll

The Foreign Ministers reiterated their full commitment to these United Nations
Resolutions, which called for the immediate and total withdrawal of Vietnamese forces from Kampuchea. They reaffirmed that a comprehensive political settlement of the conflict in Kampuchea could only be achieved within the framework established by these Resolutions and on the basis of the principles laid down in the Declaration of the International Conference on Kampuchea, which, inter alia, reaffirmed the right of the Kampuchean people to self-determination and to elect a government of their own choice in free elections carried out under United Nations supervision without any intimidation or coercion. [Par. 16, Joint Commtmique of the ]5't'ASEAN Ministerial Meeting, Singapore, I4-16 Jtme
I 982J

l6

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Ministers expressed their continued full support of the principles and the terms of the Declaration of the International Conference on Kampuchea, inter alia, calling for the total withdrawal of Vietnamese forces from Kampuchea the right of the Kampuchean people to determine their own destiny through the IIN supervised general elections, an independent neutral and non-aligned Kampuchea which poses no threat to any of its neighbours and the commitment by all states to non-interference and non-intervention in the internal affairs of Kampuchea as the basis of any just and lasting political settlement of the Kampuchean problem. [Par. 8, Joint Declaration of' the Fourth ASEAN-EC Ministerial
Meeting, Bangkok, 25 March 19831

They also noted that all appeals by the United Nations, the Islamic Conference and the Movement of Non-Aligned countries for the withdrawal of foreign troops from Afghanistan and a political solution enabling the Afghan people to determine freely their own form of government have been ignored by the Soviet Union. [Par. 17, Joint Declaration
of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March 1983J

The Foreign Ministers recalled that the Declaration called for negotiations on, inter alia, an agreement on cease-fire by all parties and withdrawal of all foreign forces from Kampuchea under the supervision of a IIN force; appropriate anangements to ensure that armed Kampuchean factions would not be able to prevent or disrupt the holding of free elections; appropriate measures for the maintenance of law and order in Kampuchea; the holding of free elections under UN supervision which will allow the Kampuchean people to exercise their right of self-determination in which all Kampucheans will have the right to participate. Such a comprehensive political settlement would take into account the security interests of the country in the region. [Par. 13, Joint Communique of the I6't'ASEAN
Ministerial Meeting, Bangkok, Thailand, 24-25 June l983J

The Foreign Ministers deplored the premeditated and indiscriminate military attacks waged by Vietnamese occupation forces during January - April this year against the encampments, schools and hospitals for Kampuchean civilians at the Thai-Kampuchean border, which had resulted in severe losses of life and property of innocent Kampuchean civilians. These attacks were systematically launched in flagrant violation of the fundamental principles of humanitarianism and of the UN Charter and had led to a massive influx of over 40,000 Kampucheans, mostly women, children and the old, into Thailand, adding further to the already heavy burden it was shouldering in providing temporary refuge to close to 170,000 Indochinese refugees. They recalled the international condemnation of the attacks and violations of Thai territory, such as that expressed by the EC statement of 25 April 1983. [Par. 26, Joint Communique of'the Sixteenth
ASEAN Ministerial Meeting, Bangkok, 24-25 June 1983J

The Foreign Ministers reaffirmed their support for the Coalition Government of Democratic Kampuchea under the Presidency of Samdech Norodom Sihanouk in its just
17

Working Group for an ASEAN Human Rights Mechanism

struggle to restore full independence, and sovereignty, as well as a neutral and nonaligned status to Kampuchea. They noted the increasing unity of the Coalition Government of Democratic Kampuchea and its determination to struggle for the freedom of the Kampuchean people. [Par. 25, Joint Communique of the ]7't' ASEAN Ministerial Meeting,
Jakarta,
9- I 0

July I 9841

The Foreign Ministers condemned the blatant act of defiance by the racist Pretoria regime which had illegally installed a so-called interim government in Namibia in complete disregard of the right to self-determination for the Namibian people and indirect contravention of United Nations Security Council Resolution 435 (1978). The Foreign Ministers reaffirmed their commitment to the IIN efforts to bring about genuine independence to the Namibian people in a United Namibia. They called upon the international community to bring relentless pressure to bear upon South Africa and to continue to support the just struggle of the Namibian people under the leadership of the Southwest African Peoples' Organisation (SWAPO), their sole and authentic representative. [Par.67, Joint Communique of the ]8't'ASEAN Ministerial Meeting, Kuala Lumptr, g July 19851

With regard to Southern Africa, the Ministers rejected unequivocally the system of apartheid which violates human dignity and reiterated their call for its total abolition. They called on the government of South Africa to initiate without further delay the national dialogue with the genuine representatives of the South African people. The
prerequisites of this should include the lifting of the state of emergency, the unconditional release of all political prisoners and the unbanning of all political parties. [Par.ll, Joint Declaration of'the Seventh ASEAI{-EC Ministerial Meeting, Dtisseldorf, 2-3 May 1988J

RECOGNIZING the importance of the role of the press and television, radio, film and video in the national development of the respective ASEAN member countries and in enhancing ASEAN regional cooperationt

***
The principle of press freedom with social responsibility is the basis of the press in ASEAN countries.
XXX

1. The ASEAN Ministers

Responsible

for Information shall strengthen ASEAN

cooperation and their role in the promotion and development television, radio, film and video areas.
XXX

of the press,

3. An effective exchange

of news and information among member countries shall be promoted in order to achieve a free and balanced flow of information among ASEAN member countries.

l8

Working Group for an ASEAN Human Rights Mechanism

needed to be done in order to establish a climate conducive to a meaningful dialogue. The

Ministers reaffirmed that their common objective was the complete and peaceful eradication of the apartheid system and that, pending evidence of clear and irreversible change to this end, appropriate pressure should be maintained on the South African Govemment. [Par. 22, Joint Declaration of the Eight ASEAN-EC Ministerial Meeting, Kuching,
Malaysia, l6-17 February 19901

The Foreign Ministers reaffirmed their condemnation of the apartheid system which constitutes a crime against humanity and reiterated their commitment to work for its total elimination. While welcoming the lifting of the ban on the African National Congress (ANC) and other anti-apartheid organizations as well as the release of Mr. Nelson Mandela. They believed that barriers to the total dismantling of the apartheid system remain in place. [Joint Communique of the 23"tASEAN Ministerial Meeting, Jakarta, Indonesia,24-25
July 1990J

They warmly welcomed the changes in Central and Eastem Europe whose people have shown their strong aspirations towards freedom, multiparty democracy, respect for human rights, prosperity, social justice and peace, as well as their desire to decide their own destiny and to choose the path of their development. They noted that the Paris Charter adopted in November 1990 by Heads of State or Government of the 34 CSCE participating states marked the overcoming of the cold war decisions, strengthening peace and opening a new era of confidence and cooperation. [Par. 4, Joint Declaration of the Ninth
EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May 19911

They once again stressed the fundamental right of Cambodians to choose their own government in free and fair elections. They further underlined the need for human rights to be fully protected in Cambodia. They reaffirmed their condemnation of those responsible for the policies and practices which led to the extermination of hundreds of thousands of Cambodians from 1975 to 1978 and expressed the view that any settlement should prevent the return to the genocidal practices and policies of the past and that no Cambodian Group should be allowed to seize or retain power through force of arms. [par. 10, Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May t99l/

The Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete eradication, so that in its place a new, non-racial, united and democratic society could be built. The Ministers reviewed developments in South Africa and welcomed the reform measures already taken by President de Klerk including the release of Mr. Nelson Mandela and other political prisoners, the unbanning of the ANC and other opposition groups, the tabling of legislation to repeal the Group Areas and Land Acts, and the Population Registration Act, subject to certain transitional measures. However, the Ministers expressed their concern that the continuing instability which prevails over the political process could impede the achievement of irreversible change desired by all. [Par. 33, Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting,
Luxembourg,
30-3 1

May I 99 ll

20

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Ministers noted with concern the continuing high level of violence which poses a threat to negotiations on a new constitution. They called on the leaders of all parlies to restrain their followers and promote an atmosphere of political tolerance, whilst acknowledging the primary responsibility of the South African govemment for the maintenance of law and order. [Par.34, Joint Declaration of the Ninth EC-ASEAN Ministerial
Meeting, Luxembourg, 30-31 May 19911

The Ministers recognised the urgent need for economic growth to underpin the process of political change and to begin to address the pressing social and economic problems which ractal oppression and violence have bred. Sfar. 35, Joint Declaration of the Ninth EC-ASEAI{
Ministerial Meeting, Luxembourg, 30-31 Mav

l99ll

The Foreign Ministers reemphasized the fundamental right of Cambodians to choose their own government in free and fair elections supervised by the United Nations. They reiterated that human rights in Cambodia should be fully protected. They also expressed the view that any settlement should prevent the return to the genocidal practices and policies of the past and that no Cambodian party should allowed to seize or retain power through force of arms. [Par.2], Joint Communique of the 24'1'ASEAI{ Ministerial Meeting, Kuala
Lumpttr, Malaysia, l9-20 July

l99ll

The Foreign Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete elimination so that a new, non-racist, united and democratic society could be built in its place. While welcoming the repeal of apartheid legislations in South Africa, they stressed that these reforms must in reality lead to the attainment by the black majority population of South Africa of all political, economic and social rights enjoyed by the whites, to be guaranteed within the framework of a new Constitution of South Africa. [Par.32, Joint Communique of the 24'h ASEAN Ministerial
Meeting, Kuala Lumpur, Malaysia, l9-20 July I99IJ

The Foreign Ministers noted with concern the continuing inter-factional violence in South Africa which has impeded the process of working towards the drafting of a new, non-racist and democratic Constitution. They called on the regime of South Africa to fulhll its responsibilities in maintaining law and order and urged leaders of all parties to restrain their followers and promote an atmosphere of political tolerance. [Par. 33, Joint
Commtrniqtre o/'the 24'1' ASEAN Mini,sterial Meeting, Kuala Lumpur, Malaysia, t9-20 Jut1,

I99tJ

We, the Foreign Ministers of the Association of Southeast Asian Nations (ASEAN), note with deep concern the attempts to disrupt the forthcoming elections in Cambodia. [Par. t,
Statentenl by the ASEAN Foreign Ministers on the Elections in Cambodia, Singapore, 1B-19 May 1993]

2l

Working Group for an ASEAN Human Rights Mechanism

We also call on all Cambodian parties to respect the result of the forthcoming elections as declared by the United Nations. We are ready to support fully the Constituent Assembly, the drafting of a Constitution and the formation of a new government, resulting from the elections in Cambodia. [Par. 4, Statement by the ASEAN Foreign Ministers on the Elections in
Cambodia, Singapore, I8-19 May 1993J

27'h ASEAN

The Foreign Ministers welcomed the historic victory of the South African people over apartheid and the establishment of a non-racial and democratically elected government in that country. They looked forward to strengthening and promoting closer political and economic ties with the new Government of South Africa. [Par. 13, Joint Communique of the
Ministerial Meeting, Bangkok, Thaitand, 22-23 Juty 1994/

The Foreign Ministers reiterated their hope for free, fair and credible elections that would facilitate the restoration of peace and political stability in Cambodia. [par. ]4, Joint Communique of the 3I't ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

They also emphasized the importance of the promotion of freedom of movement and human rights in Bosnia and Herzegovina. [Par. 19, Joint Communiqne of the 31" ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July l99SJ

Establish a mechanism of information exchange and disclosure requirements to promote transparency of government procurement regimes by the year 2003 to facilitate participation of ASEAN nationals and companies; [Par.2.t.4. Ha Noi ptan of Action, Ha Noi, Viet Nam, l5 December 1998J

Encourage the free exchange of information and views among professional bodies in the region with the view to achieving mutual recognition arrangements; [par. 2.3.2.a. Ha Noi Plan of Action, Ha No| Viet Nam, t5 December 1998J

Plan of Action, Ha Noi, Viet Nam, I5 December 1998J

Develop linkages with mass media networks and websites on key areas of ASEAN cooperation to disseminate regular and timely information on ASEAN. [par 9.6.. Ha Noi

We reaffirmed adherence to the principle of non-discrimination in the pursuit of development cooperation in ASEAN. ASEAN's relationships with all its Dialogue Partners, as well as its co-operation with other countries and regional and international organisations are based on equality, non-interference, non-discrimination, mutual respect and mutual benefit. [Par. 35, Joint Communique of the 32'd ASEAN Ministerial Meeting, Singapore,
23-24 July 1999J

22

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

GOVERNANCE A]YD PARTICIPATION


The Meeting was pleased to note the marked increase in people's participation in ASEAN activities. Therefore, it was felt that an appropriate machinery should be set up to mobilise people's involvement especially among women and youth of ASEAN
countries. [Par.
May 19751
17, Joint Commnnique of the Eighth ASEAN Ministerial Meeting, Kuala Lumpur,

t3-]5

They called for the early establishment of an independent and neutral Kampuchea with a genuinely representative government, free of all foreign military presence and maintaining friendly and peaceful relations with all countries in the region. [Par. 6, Joint
Slatement on Political Issues, Kuala Lumpur, Malaysia, 8 March 1980J

However, this and the establishment of friendly and cooperative relations among all the states of the region depend upon a political solution to the Kampuchean question on the basis of the withdrawal of foreign forces from Kampuchea, and self-determination for the Kampuchean people. They called for the early establishment of an independent and neutral Kampuchea with a genuinely representative government, free of all foreign military presence and maintaining friendly and peaceful relations with all countries in the region. [Par.6, Joint Statement on Political Issues, Kuala Lumpur, S March 1980]

The Foreign Ministers reaffirmed that they continue to recognise the Government of Democratic Kampuchea and to extend their support of its representation at the United Nations. They were firmly of the view that there was no justification for attempts to overthrow the legitimate Govemment of Democratic Kampuchea by foreign military intervention. Such actions violate the internationally-recognized principles governing inter-State relations. They therefore called upon Member States of the United Nations to support the continued recognition and representation of the Government of Democratic Kampuchea atthe United Nations. [Par. 18, Joint Communiqtte of the I3'h ASEAN Ministerial
Meeting, Kuala Lumpur, 25-26 June 1980J

The Foreign Ministers rejected the various arguments that are being advanced to justify the continued occupation of Kampuchea and to accord recognition to the regime that has been established in Phnom Penh by Vietnamese forces. The Foreign Ministers reiterated their stand that no regime set up by occupying foreign forces, howsoever it is given the appearance of legitimacy, can satis$, the principles enunciated in the IIN Charter. They stressed that the grounds for their support for the credentials of Democratic Kampuchea are based on the fundamental principle that foreign intervention must be opposed and that any change in the recognition of Democratic Kampuchea's credentials would be tantamount to condoning Vietnamese military intervention. [Par. ]9, Joint Communique of the
13'h ASEAlrl

Ministerial Meeting, Kuala Lumpur, 25-26 June

1980J

23

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers stressed that the so-called elections held in Kampuchea from March to May 1981, constituted a desperate attempt to confer legitimacy upon the Vietnamese-installed Heng Samrin regime in Kampuchea. They firmly emphasized that these fraudulent elections did not constitute a genuine expression of the free will of the Kampuchean people, for these elections were held under the shadow cast by the presence of 200,000 Vietnamese soldiers. They restated their firm belief that as long as Vietnamese occupation forces remained in Kampuchea, the Kampuchean people could not pursue their national interests, form a government of their own choice or freely elect their leaders. [Par.2], Joint Communique of the l4't'ASEAN Ministerial Meeting, Manila, phitippines, I7-lB June I98l/

The Foreign Ministers welcomed the current consultations among Kampuchean nationalists to form a United Front with the view to the early setting up of a coalition government of Democratic Kampuchea in pursuit of their inalienable right to liberate their country from foreign occupation and domination. They reco gnized that the establishment of a truly representative government in Kampuchea must remain a matter for the Kampuchean people themselves to decide and pursue. [Par. 29, Joint Communique of
the l4't' ASEAN Ministeriil Meeting, Manila, Phitippines, I7-18 June IgBtJ

The Foreign Ministers also reaffirmed that they continue to recognize the Government of Democratic Kampuchea and to extend their support for its continued representation at the United Nations. They stressed that the grounds for their support for the credentials of Democratic Kampuchea were based on the fundamental principles that foreign intervention must be opposed and that any change in the recognition of Democratic Kampuchea's credentials would be tantamount to condoning Vietnamese military invasion and occupation of Kampuchea. They saw absolutely no justification for other States to overthrow the legitimate government of another State as such action violated the internationally recognized principles governing inter-state relations as enshrined in the United Nations Charter. The Foreign Ministers, therefore, called upon member states of the United Nations to up-hold the principle of non-intervention and to support the continued recognition and representation of Democratic Kampuchea at the United Nations. [Par. 27, Joint Communique of the ]4't' ASEAN Ministerial Meeting, Manila, t7-lB June 198 Il

Kampuchean nationalists to form a United Front with a view to the early setting up of a coalition government of Democratic Kampuchea in pursuit of their inalienable right to liberate their country from foreign occupation and domination. They reco gnized, that the establishment of a truly representative govemment in Kampuchea must remain a matter for the Kampuchean people themselves to decide and pursue. [par. 29, Joint Communique of the l4'/' ASEAN Ministeriit Mieting, Manila, I7-18 June Iggt/

The Foreign Ministers welcomed the current consultations among

1A

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

to hold the view that the problems facing the Kampuchean people, particularly the reconstruction and development of Kampuchea can only be solved when a comprehensive political settlement is reached and when a legitimate government, duly and freely elected by the Kampuchean people under United Nations supervision, has been set up in Phnom Penh. [Par. 7, Joint Statement of the Foreign Ministers of the Member States of the European Community and ASEAN, London, I3-14 October I98lJ
However the Ministers continue

The Foreign Ministers reiterated their full commitment to these United Nations
Resolutions, which called for the immediate and total withdrawal of Vietnamese forces from Kampuchea. They reaffirmed that a comprehensive political settlement of the conflict in Kampuchea could only be achieved within the framework established by these Resolutions and on the basis of the principles laid down in the Declaration of the Intemational Conference on Kampuchea, which, inter alia, reaffirmed the right of the Kampuchean people to self-determination and to elect a government of their own choice in free elections carried out under United Nations supervision without any intimidation or coercion. [Par. 16, Joint Communique of the 15'h ASEAN Ministerial Meeting, Singapore, ]4-16 June
r 9821

The Foreign Ministers reaffirmed their continued recognition of Democratic Kampuchea and their support for its representation at the United Nations. They emphasized that the grounds for their support for the credentials of Democratic Kampuchea were based on the fundamental principles of respect for the sovereignty, independence and territorial integrity of States, non-interference in the internal affairs of States and non-use of force in international relations. The Foreign Ministers, therefore, called upon member States of the United Nations to uphold these principles and to support the continued representation of Democratic Kampuchea in the United Nations. [Par. 20, Joint Communique of the l5't' ASEAN
Ministerial Meeting, Singapore, I4-16 June 1982J

The Foreign Ministers expressed their continued support for the efforts towards the formation of a Kampuchean coalition government in the spirit and according to the intent of the joint statement issued in Singapore on 4 September 1981, which would be conducive to the achievement of the objectives of the Declaration and Resolution of the International Conference on Kampuchea. They recognised that the establishment of a truly representative government in Kampuchea remained a matter for the Kampuchean people themselves to decide. [Par.22, Joint Communique of the lStt'ASEAN Ministerial Meeting,
Singapore, I4-16 June 1982J

CONCERNED with the fostering and development of youth in ASEAN countries;

RECOGNIZING the importance of active participation and integration of the ASEAN youth in sharing the future development and progress of ASEAN and the necessity of meeting the needs and aspiration of the youth in ASEAN countries;

25

Working Group for an ASEAN Human Rights Mechanism

AWARE that only profound understanding of the current situation and likely prospects can lead to the promotion of the best educational, professional and living condition for the young people in ASEAN which will ensure their active participation and integration in national and regional development; [Dectaration of Principles to Strengthening ASEAIV
Collaboralion on Youth, Bangkok, 24 Jtme
19831

The Foreign Ministers recalled that the Declaration called for negotiations on, inter alia, an agreement on cease-fire by all parties and withdrawal of all foreign forces from Kampuchea under the supervision of a LN force; appropriate arrangements to ensure that armed Kampuchean factions would not be able to prevent or disrupt the holding of free elections; appropriate measures for the maintenance of law and order in Kampuchea; the holding of free elections under IIN supervision which will allow the Kampuchean people to exercise their right of self-determination in which all Kampucheans will have the right to participate. Such a comprehensive political settlement would take into account the security interests of the countries in the region. The Foreign Ministers also recalled that there had been registered the need for interrrational economic assistance programmes for Kampuchea and the other states of the region to be formulated following the peaceful resolution of the Kampuchean conflict. [Par ]3, Joint Communiclue of the l6't' ASEAI| Ministerial
Meeting, Bangkok, 24-25 June 19831

The Foreign Ministers reaffirmed their support for the Coalition Government of Democratic Kampuchea under the Presidency of Samdech Norodom Sihanouk in its just struggle to restore full independence, and sovereignty, as well as a neutral and nonaligned status to Kampuchea. They noted the increasing unity of the Coalition
Jakarta, 9-10 Jult, I9B4J

Government of Democratic Kampuchea and its determination to struggle for the freedom of the Kampuchean people. [Par. 25, Joint Communique of the ]7't' ASEAI{ Ministeriol Meeting,
7(i),

Bangkok Declaration on lhe ASEAIV Environment, Bangkok, Thaitancl, 29 November 1984J

Develop a comprehensive environmental system to facilitate decision-making. [par.

The Foreign Ministers reiterate their call to Vietnam to seek a political settlement on the basis of the total withdrawal of Vietnamese forces, national reconciliation among all Kampucheans, and the exercise of self-determination by the Kampuchean people. National unity can be achieved only through the participation of all Kampucheans in the act of self-determination to be held under international supervision. [par. 3, ASEAN Slatement on Kampuchea Issued bv the ASEAN Foreign Ministers, Bangkok, I2 Febnrary, 19g51

The Foreign Ministers reaffirmed their support for the Coalition Government of Democratic Kampuchea under the Presidency of Samdech Norodom Sihanouk whose
continued leadership is an important and crucial factor in the struggle of the Kampuchean people to restore their country as an independent, sovereign, neutral and non-aligned nation. They also reaffirmed their supporl for President Samdech Norodom Sihanouk's call for national reconciliation among all the Kampuchean fractions as a positive and
26

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

constructive approach towards realising

the

objectives of self-determination,
35,

independence, sovereignty and unity of the Kampuchean people. [Par. of the IB't' ASEAN Ministerial Meeting, Kuala Lurnptr,9 Jtilt' t985l

Joint Communique

The Foreign Ministers condemned the blatant act of defiance by the racist Pretoria regime which had illegally installed a so-called interim government in Namibia in complete disregard of the right to self-determination for the Namibian people and indirect contravention of United Nations Security Council Resolution 435 (1978). The Foreign Ministers reaffirmed their commitment to the tIN efforts to bring about genuine independence to the Namibian people in a United Namibia. They called upon the international community to bring relentless pressure to bear upon South Africa and to continue to support the just struggle of the Namibian people under the leadership of the Southwest African Peoples' Organisation (SWAPO), their sole and authentic representative. [Par.67, Joint Cotnrnunique of'the l8't'ASEAN Ministet'ial Meeting, Kuala Lumpur, g July le85/

They agreed to continue to promote the search for a negotiated settlement to the conflict in Kampuchea in accordance with the resolutions adopted by the United Nations and the Intemational Conference on Kampuchea, which call for the total withdrawal of all foreign troops, the right of the Kampuchean people to determine their own destiny free from outside interference, and the restoration and preservation of Kampuchea's independence, sovereignty and territorial integrity. [Por. 2, Joint Dec'laration of' the Sixrh
ASEAIV-EC Ministerial Meeting, Jakarta, 20-21 October 1986J

With regard to Southern Africa, the Ministers rejected unequivocally the system of aparlheid which violates human dignity and reiterated their call for its total abolition. They called on the goverlment of South Africa to initiate without further delay the national dialogue with the genuine representatives of the South African people. The
prerequisites of this should include the lifting of the state of emergency, the unconditional release of all political prisoners and the unbanning of all political parties . [Par. ] I, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, Germany, 2-3 Mav 1988]

To design and promote programmes involving the participation of the community and non-goveillmental women organizations towards strengthening national and regional
resilience. [Par. 4, Declaration of the Advancement of Wonten in the ASEAN Region, Bangkok, Thailand, 5 July 19881

They stressed that no Cambodian group be allowed to seize or retain power through force of arms. IPar. 2, Joint Statement of the ASEAN Foreign Ministers on the Cambodian Problem Issues in
Jakarta on 23 Julv 1990J

2l

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers remained concerned over the prolonged conflict in Afghanistan. They urged all parties concemed to observe the Geneva Agreement on the Settlement of the Situation Relating to Afghanistan and to convene an intra-Afghan dialogue with a view to setting up a broad-based govemment in which all segments of the Afghan people.
[Par.72, Joint Communique of the 23"t ASEAN Ministerial Meeting, Jakarta, 24-25 Juty 19i01

Joint Communique of the

The Foreign Ministers reemphasized the fundamental right of Cambodians to choose their own government in free and fair elections supervised by the United Nations. [par. 2t,
24'h ASEAN

Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 Juty I99tJ

The Foreign Ministers reiterated their total rejection of the system of apartheid and reaffirmed their commitment to its complete elimination so that a new, non-racist, united and democratic society could be built in its place. While welcoming the repeal of apartheid legislations in South Africa, they stressed that these reforms must in reality lead to the attainment by the black majority population of South Africa of all political, economic and social rights enjoyed by the whites, to be guaranteed within the framework of a new Constitution of South Africa. [Par. 32, Joint Commttnique of the 24'h ASEAN Ministerial
Meeting, Kuala Lumptrr, Malaysia, 19,20 July

l99lJ

The Foreign Ministers noted with concern the continuing inter-factional violence in South Africa which has impeded the process of working towards the drafting of a new, non-racist and democratic Constitution. They called on the regime of South Africa to fulfill its responsibilities in maintaining law and order and urged leaders of all parties to restrain their followers and promote an atmosphere of political tolerance. fpar. 33, Joint
Communiqtte oJ'the 24't'ASEAN Ministerial Meeting, Kuala Ltrmpur, Malaysia, I9-20,

Julyl99lJ

The Foreign Ministers were also pleased to note that the participation of the private sector in the dialogue process was accepted by nearly all the Dialogue Partners and that such participation had proven beneficial to all sides. They expressed the hope that the ASEAN private sector, on its part, would take full advantage of the opportunities now being offered and play its assigned role as the engine of growth in ASEAN. [par. 58, Joint
Communique of the 24'h ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 Juty l9Sttl

ASEAN Functional Cooperation shall be designed for a wider involvement and increased participation by women in the development of ASEAN countries in order to meet their
needs and aspirations. [Par.
7, Singapore

Declaration of 1992, Singapore, 28 Jarurary 1992J

As

Non-Governmental Organizations (NGOs) play an important role in social development, ASEAN shall encourage the exchange of information among NGOs in the region and help expand their participation in intra-ASEAN functional cooperation; [par. 7,
Singapore Declarqtion of 1992, Singapore, 28 January 19921

28

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We also call on all Cambodian parties to respect the result of the forthcoming elections as declared by the United Nations. We are ready to support fully the Constituent Assembly, the drafting of a Constitution and the formation of a new government, resulting from the elections in Cambodia. [Par. 4, Statement by the ASEAN Foreign Ministers on the Election in
Cambodia, Singapore, l8-19 May 19931

We, the Foreign Ministers of ASEAN, welcome the formation of the Provisional National Govertment of Cambodia (PNGC) as an important step towards the establishment of a government of national reconciliation based on the new constitution to be drafted by the elected Constituent Assembly. [Statement by the ASEAN Foreign Ministers on Cambodia,
Singapore, 24 July 19931

The Foreign Ministers welcomed the historic victory of the South African people over apartheid and the establishment of a non-racial and democratically elected government in that country. They looked forward to strengthening and promoting closer political and economic ties with the new Government of South Africa. [Par. 13, Joint Communique o/ the
27'h ASEAN

Ministerial Meeting, Bangkok, Thailand, 22-23 Juty 1994J

In adopting the Plan, the Ministers recognized that for its successful implementation, it would be imperative to secure public commitment and support. Towards this end, effective measures would be undertaken to promote public awareness and education leading to enhancing their capacity in dealing with the pollution problems at source.
[Introduclion, ASEAN Cooperation Plan on Transboundar Pollution, Kuala Lumpur, Malavsia, June
leesJ

ASEAN shall work towards the equitable and effective participation of women in all fields and levels of society; [Par.91k). Bangkok Summit Declaration of 1995, 5't' ASEAN Sumntit.
Bangkok, Thailand, I4-15 December 1995J

ASEAN shall continue to promote the participation of various sectors

of society, including NGOs and other similar organizations, in relevant activities of ASEAN . [Par. 9 (p), Bangkok Summit Declaration of 1995, 5'h ASEAN Summit, Bangkok, Thailand, l4-15 December 19951

ASEAN shall intensify its cooperation in the field of civil service matters to further enhance the efficiency and effectiveness of their individual civil services. [par.9(q),
Bangkok Strmmit Declaration of 1995, 5't' ASEAN Summit, Bangkok, Thailand, l4-15 December 19951

29

Working Group for an ASEAN Human Rights Mechanism

RECOGNISING

in the formulation and implementation of national development policies; [Kuata Lumpur Agenda on ASEAN Youth
Development, Kuala Lumpur, Malaysia, I7 November 1997J

the importance of youth participation

The ASEAN NTOs shall:

a. b.

Develop, coordinate and implement work programmes/plans to enhance cooperation in tourism, including the approval of the necessary cooperation programmes, projects and activities; Provide a mechanism to promote participation from the private or business sector and non-governmental otganizations; and [Articte 3, Par 3, Ministerial {Jnderstanding on ASEAN
Cooperation in Tourism, Cebu, Philippines, I0 Jctnuary 1998J

Continue to expand and enhance the role of non-governmental or1anization (NGOs), as well as the private sector in collaborative alliances in the development and implementation of drug abuse prevention and control programmes and activities. [par.II, ASEAN Foreign Ministers Joint Declaration for a Drug-Free ASEAN, Manila, Philippines, 25 Julv 1998J

They also exchanged views on the need to reform the Security Council, particularly on the aspect of representation among the developing countries. The Foreign Ministers agreed that the refotm and expansion of the Security Council should be considered as a package, taking into account the principle of sovereign equality of states and equitable geographical distribution, as well as the need for transparency, accountability and democratization in the working methods and procedures of the Security Council, particularly its decision-making process. [Par. 23, Joint Communique oJ'the 3]'t ASEAN
Mini.sterial Meeting , Manila, Philippines, 24-25 July I99Bl

We shall encourage the active participation and effective contribution of the business sector to assist in the shaping of ASEAN's policies and initiatives to overcome the crisis.
[Par. 17,
6'h

ASEAN Summit,

Ha

Noi Declaration o7 tOO8,

Ha Noi,

Viet Nam, ]5-16 December 19981

Finance Ministers Meeting, Ha Noi, Viet I,{am, 20 March 1999J

Appropriate mechanisms are needed to enhance greater private sector participation in crisis management and resolution. [Par. I I (fl, Joint Ministerial stqtement of the 3''t ASEAN

Standards of transparency and disclosure must be applied equally to the public and private sectors. In particular, large market participants, such as highly leveraged institutions which have system significance, should be subject to regular and timely transparency and disclosure requirements. [Par. 1], (d, Joint Ministerial Statement of the 3''l
ASEAN Finance Ministers Meeting, Ha lVoi, Viet Nam, 20 March 1999J

30

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

There is also the need for transparency, accountability and democratisation in the working methods and procedures of the Security Council, particularly in its decisionmaking process. [Par.45, Joint
July 1999/
Communique of the 32"t ASEAN Ministerial Meeting, Singapore, 23-24

The Ministers agreed to the compilation of a regularly updated ASEAN Government Law Directory by the host govemment of each future ALMM. This will contain the structures of government of ASEAN Member Countries, the key legal officials of each ASEAN Member Country, their contact parliculars and a brief write-up setting out their role and responsibilities and those of their departments/agencies. The Directory will be made available to the public, especially the legal sector of all ASEAN Member Countries. [Par.
I2, Joint Communique of the 4't' Meeting of ASEAN Law Ministers, Singapore, 5-6 November 1999J

The Ministers agreed that a Government Legal Officers Programme to promote mutual understanding of ASEAN legal systems be held every two years. It should cover a wide range of legal issues relevant to public sector legal officials. The Host Country may decide to focus on legal issues on any subject interest to it, such as contemporary developments in international law issues, including those which have implications on state sovereignty. [Par. t j, Joint Communique of the 4't' Meeting o/'ASEA]V Law Ministers, Singapore,
5-6 November 1999J

DEVELOPME]VT
Economic Development
To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to
strengthen the foundation for a prosperous and peaceful community of South-East Asian Nations; [Par. t , The ASEAIV Declaration (Bongkok Declarotion), Bangkok, Thailand, B Attgust 1967J

To collaborate more effectively for the greater utilization of their agriculture and industries, the expansion of their trade, including the study of the problems of international commodity trade, the improvement of their transportation and
communications facilities and the raising of the living standards of their peoples; [Par.
The ASEAIV Declaration (Bangkok Declaration), Bangkok, Thailand, 8 August 19671
5,

Noting the dangers of possible disruptions to the orderly functioning of the world economic system, it was agreed that both developed and developing countries had a role
3t

Working Group for an ASEAN Human Rights Mechanism

Jakarta, Indonesia, 24-25 September 1974J

to play in the context of their increasing economic interdependence. [Par. 5, Joint Statement, Informal Meeting of ASEAN Ministers and Vice-President and Commissioner of the EC Commission,

Joinl Commtrnique of the Eighth ASEAN Ministerial Meeting, Kuala Lumpur, l3-15 May

The Meeting agreed to give a mandate to the Permanent Committees to extend high priority to projects which would enhance intra-ASEAN economic development and cooperation such as those in the field of selective trade liberalisation and industrial complementation. The Meeting agreed on the establishment of the ASEAN Trade Negotiation Body to set up an ASEAN system of trade preferences and adopted the guidelines for ASEAN industrial complementation. The Meeting urged that trade negotiations be intensified and expanded to cover all possible product, processed or semiprocessed, agricultural and manufactured. The Meeting agreed that the areas for industrial cooperation should include complementation programme on fertiliser, motor vehicles, agricultural machinery, salt-based industries and the rubber industry. [par. I I,
1975J

Jakarta, 26-27 lttovember 1975J

implement the scheme of preferential trading alrangements and priority treatment in critical circumstances, the Meeting agreed that there should be bilateral negotiations on prices and other terms and conditions. However, the Meeting agreed that the essential guiding principle governing any cooperation on basic commodities, particularly on pricing should be the spirit of assistance which will enable ASEAN countries to contribute to the strengthening of ASEAN economic resilience by refraining from taking advantage of the adverse position faced by other ASEAN countries. [Par. II, Joint Communique of the First ASEAN Economic Ministers Meeting, respect

In

of the mechanism to

The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific and administrative fields as well as in matters of common ideals and aspiration of intemational peace and stability in the region and all other matters of common interest. [Articte 4, Treaty o.f Amity and Cooperation in Southeast Asia, Bali, 24 February
I e76J

[Chapter III, Article 6, Treaty of Amity and Cooperation in Sautheast Asia, Bati, Indonesia, 24 Febntarv
I 976J

The High Contracting Parties shall collaborate for the acceleration of the economic growth in the region in order to strengthen the foundation for a prosperous and peaceful community of nations in Southeast Asia, To this end, they shall promote the greater utilization of their agriculture and industries, the expansion of iheir trade and the improvement of their economic infra-structure f,or the mutual benefit of their peoples. In this regard, they shall continue to explore all avenues for close and beneficial iooperation with other States as well as international and regional organisations outside the region.

32

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance. [Chapter III, Article 7, Treaty of AmiQ and Cooperation in Southeast Asia, Bali,
Indonesia, 24 February 1976J

Cooperation on Basic Commodities, particularly Food and Energy

Member states shall assist each other by according priority to the supply of the individual country's needs in critical circumstances, and priority to the acquisition of exports from member states, in respect of basic commodities, particularly food and
energy.

Member states shall also intensify cooperation in the production of basic commodities particularly food and energy in the individual member states of the region. [Par. B(t),
Declaration of ASEAN Concord, Bali, Indonesia, 24 February 19761

lndustrial Cooperation

(i)

(ii)

Member states shall cooperate to establish large-scale ASEAN industrial plants, particularly to meet regional requirements of essential commodities. Priority shall be given to projects which utilize the available materials in the member states, contribute to the increase of food production, increase foreign exchange eamings or save foreign exchange and create employment. [Par. B(2),
Declaration of ASEAN Concord, Bali, Indonesia, 24 February 1976J

Member states shall cooperate in the fields of trade in order to promote development and growth of new production and trade and to improve the trade structures of individual states and among countries of ASEAN conducive to further development and to safeguard and increase their foreign exchange
earnings and reserves. Member states shall progress towards the establishment of preferential trading arrangements as a long term objective on a basis deemed to be at any particular time appropriate through rounds of negotiations subject to the unanimous agreement of member states. The expansion of trade among member states shall be facilitated through cooperation on basic commodities, particularly in food and energy and through cooperation in ASEAN industrial projects. Member states shall accelerate joint efforts to improve access to markets outside ASEAN for their raw material and finished products by seeking the elimination of all trade barriers in those markets, developing new usage for their products and in adopting common approaches and actions in dealing with regional groupings and individual economic powers. Such efforts shall also lead to cooperation in the field of technology and productions methods in order to increase the production and to improve the

JJ

Working Group for an ASEAN Human Rights Mechanism

quality of export products, as well as, to develop new export products with a view to diversifying exports. [par. B(3), Declaration of ASEAN Concord, Bali,
Indonesia, 24 Februaryt 1976J

Contracting States shall cooperate through mutual assistance in respect of basic commodities, particularly food and energy; provision of market support for the products of the ASEAN industrial projects; expansion of intra-ASEAN trade and increase in the utilization of raw materials available in the Contracting States. [Article II, Agreement on
ASEAN Pre/brentiol Trading Arcangements, Manila, Philippines, 24 Febnrary 1977J

will act as a stimulus to the strengthening of national and ASEAN economic resilience and the development of national economies of the Member States by expanding
Agreernent on ASEAN Preferential Trading Arrangements, Manila, Philippines, 24 Febnrary 1977J

EMPHASIZING that preferential trading affangements among ASEAN Member States

investment and production opportunities, trade and foreign exchange earnings; [par.

3,

The Meeting urged the developed countries to adopt policies which would increase the flow of investments into ASEAN countries, stabilise their export eamings and the prices of ASEAN commodities at remunerative levels, and provide improved access for ASEAN exports into the developed countries. [Par. 17, Joint CommuniEre o.f the ilth ASEAN
Ministerial Meeting, Singapore,
5-8

July 19771

ASEAN Mini.sterial Meeting, Panava, Thaitand,

The Meeting reviewed developments in the various IIN fora relating to the Integrated Programme for Commodities and the Common Fund, and stressed the importance of commodities in the trade and economic life of the ASEAN countries as well as the urgency of finding solutions to the problems involved. [Par.25, Joint Communique of the I]'t'
I 4-

l6 June

19781

The Foreign Ministers reiterated their concern over the growing tendency towards protectionism in the field of intemational trade and urged the developed countries to take the necessary steps to improve their trade relations with ASEAN. 1par. 28, Joint Communique
of the I l't' ASEAI{ Ministerial Meeting, Pataya, Thailand, 14,16 hrne t97gJ

To give priority to projects which utilize the available resources in the Member States and which contribute to the increase in food production and foreign exchange earnings or which save foreign exchange and create employment. [Articte t(2), Basic Agreement on ASEAN
Industrial Projects, Kuala Lumpur, Malavsia, 6 March
1980J

They underlined the urgency of engaging in a new joint effort at international level to deal with major economic issues including those in the field of raw materials, energy,
34

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

trade, development, money and finance and to formulate a new international development strategy for the Third UN Development Decade. They stressed the importance of the endeavours now underway to start global negotiations in order to deal with these issues of development and growth and pledged to cooperate constructively in resolving outstanding issues in IINCTAD, the NorthSouth dialogue, LINIDO, GATT and in other intemational and specialized agencies for the restoration of world economic stability leading to a new intemational economic order. [Par. 10, ASEAN-EEC Joint Declaration, Kuala
Lumpur, Malav-sia,
7

March 19801

The Community will cooperate with ASEAN to realise concrete projects and programmes, inter alia, food production and supplies, development of the rural sector, education and training facilities and others of a wider character to promote ASEAN regional economic development and cooperation. [Article 4, Par. 3, Cooperation Agreement
Between Member Countries of ASEAN and the European Community, Kuala Lumpur, 7 March 1980J

In the intemational economic field, the Meeting noted with deep concern the increasingly negative trends in intemational economic relations, pointed out that the continuing resistance on the part of the developed countries to restructure their economies and to adapt to shifting international competition has led to a consequent slow-down in growth and development. In view of this, the developed countries were strongly urged to undertake appropriate and positive adjustment policies and to exert genuine efforts and political will to eliminate protectionism. [Par. 55, Joint Communique o/'the 13th ASEAN
Ministerial Meeting, Kuala Lumpur, Malaysia, 25-26 June 1980J

RECOGNIZING the need to continue and accelerate national development in order to promote economic and social well-being of the people; [Par. 2, Manila Declaration on the
ASEAN Environment, Manila, Philippines, 30

April I98lJ

The Meeting viewed with grave concern the continuing negative trends in international economic relations as illustrated by the failure to launch the scheduled global consultations on economic cooperation and development in September 1980. They agreed that ASEAN should strengthen its collective efforts in all international fora and multilateral dialogues to cushion the adverse effects of global economic and political instability on the ASEAN countries. They expressed their belief that greater collective action will make ASEAN a potent force in the global round of negotiations. 1Par. 60, Joint Communique of the I4th ASEAI{ Ministerial Meeting, Manila, Philippines, l7-18 June I98lJ

The Meeting therefore agreed that ASEAN in concert with all its dialogue partners actively support the launching of the global round of negotiations during the 36'l'Session
of the United Nations General Assembly (LTNGA). They affirmed that the success of the global round of negotiations would accelerate the resolution of the North-South issues and would create a more conducive atmosphere for the establishment of the New

35

Working Group for an ASEAN Human Rights Mechanism

International Economic Order. [Par. Manila, Philippines, l7-18 June l98lJ

61, Joint Communique of the 14th ASEAN Ministerial Meeting,

CONVINCED that pursuing industrial complementation can greatly contribute to strengthening and broadening the base of the industrial sectors of their respective economies, promoting the greater utilization of their industries and expansion of their
trade; [Par.4, Basic Agreement on ASEAN Industrial Complementation, Manila, Philippines, ]B tesrJ
June

The Foreign Ministers viewed with dismay the continuing trend towards protectionism. They expressed the hope that the forthcoming GATT Ministerial Meeting would restore the basic task of GATT in ensuring that the principles of free trade are consistently practised in the world market. [Par.35, Joint Commtmique of the 15th ASEAN Ministerial Meeting,
Singapore, I4-16 June 1982J

The Foreign Ministers noted with satisfaction the progress of the ASEAN Industrial Projects (AIPs) and they recognised the significance of such undertakings and regarded this form of cooperation as being important for the industrial development of this region. The Foreign Ministers expressed the view that the early and successful operation of this joint venture effort among the ASEAN member countries would lead to investments in other industrial projects for the benefit of the ASEAN peoples and the development of the region. fPar. 41, Joint Communique of the ]5th ASEAN Ministerial Meeting, Singapore, I4-16 hrne
t e82J

The Foreign Ministers expressed the view that the existing intemational political and economic situation is fast moving into a state of crisis. The continuing conflicts around the world, the growing protectionist tendencies, high inflation and interest rates and unemployment bear testimony to this trend. They expressed deep concern that such developments, if allowed to continue, will not only stifle the further growth of the ASEAN economies and its cooperation, retard the chances of world economic recovery, but more fundamentally will erode the resilience of the system which supports independent nations. In this regard, they noted that the social systems of a number of newly independent states had been undermined. Noting this dangerous escalating trend, they called for an urgent and total re-examination of the entire international system. They urged the developed industrialised countries to ensure that all measures undertaken by them transcend their national interests and work for the emergence of a new, more just and rational intemational system. [Par. 58, Joint Communique of the I5th ASEAII Ministerial
Meeting, Singapore, I 4-l 6 June t 9821

They would seek to ensure that GATT provided a continuing forum for negotiation and consultations, in which an appropriate balance of rights and obligations could be assured for all contracting parties and that the rules and procedures of the system were effectively
36

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

and fairly applied on the basis of agreed interpretations, for the economic development and benefit of all. [Par. 25, Joint Declaration oJ'the Fourth ASEAN-EC Ministerial Meeting, Bangkok, Thailand, 25 March 1983J

Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, Thailand, 25 March

Believing that the launching of the global negotiations on intemational economic cooperation for development within the United Nations Systems would contribute to the solution of international economic problems by working towards the establishment of a new International Economic Order for the benefit of all, the Ministers agreed on the need to work closely together for the early launching of such negotiations. [par. 29, Joint
19831

In reviewing the world economic situation, the Foreign Ministers expressed concern at the prolonged and serious crisis afflicting the global economy. They took note of the
signs of an economic upturn in certain developed countries. They believed however that for global recovery to materialize and to endure, it is imperative that it be supplemented by determined and simultaneous effort to revitalize the development process and especially to accelerate economic growth in the developing countries. They also believed that the present difficulties once again clearly demonstrate the economic interdependence which exists among all members of the international community. They therefore reaffirmed their conviction that in such an increasingly interdependent world, a global, integrated and comprehensive approach to intemational economic issues was essential. [Par. 33, Joint CommuniEte of the ]6th ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 June 19831

Noting the outcome of the GATT Ministerial Meeting of Novemb er 1982, the Foreign Ministers called upon all Contracting Parties to adhere strictly to their commitments given at that Meeting to resist protectionist pressure and work together for the improvement of the GATT trading system, the promotion of freer trade and better market access for products from developing countries. [Par. 35, Joint Communiqtre of the t6'h ASEAN
Ministerial Meeting, Bangkok, Thailand, 24-25 June
1983J

They believed that LINCTAD

policies and actions

in the 1980's to promote sustained economic recovery and development, taking into account the reality of global interdependence. They stressed that actions taken at UNCTAD VI must go beyond an analysis of the problems that beset the world economy by devising an effective programme in the three main inter-related areas of commodities, trade and money and finance. [Par.3T,JointCammunique of the l6't'ASEAN
Ministerial Meeting, Bangkok, Thailand, 24-25 June
19831

VI should agree on some of the main "ground rules" for

In the field of trade, they urged that there should be agreements: to implement effectively the commitments made by developed countries to a "stand-still" on protectionist measures; that developed countries should remove and dismantle all existing protectionist measures which are against the GATT rules; that the developed countries should also
3t

Working Group for an ASEAN Human Rights Mechanism

improve their respective GSP schemes especially as regards their security, transparency, product coverage and process of consultations. [Par. 39, Joint Communique of the I6th ASEAN
Ministerial Meeting, Bangkok, Thailand,24-25 June
1983J

The Foreign Ministers believed that TINCTAD VI should agree to launch a process leading to the reform and improvement of the institutional arrangements governing international economic relations in a manner which will make them more responsive to the development needs of the developing countries. [Par. 41, Joint Communique of the ]6th
ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 June 1983J

REAFFIRMING their desire to collaborate for the acceleration of economic growth in the region, to promote the greater utilization of their agriculture and industries, the expansion of their trade and the improvement of their economic infrastructure for the mutual benefit of their people, [Par. 3, Basic Agreement on ASEAN Inchtstrial Joint Ventures, Jakarta, Indonesia, 7
November 1983/

ASEAN Industrial Jctint Ventures, Jakarta, Indonesia, 7 November I983J

CONVINCED that the consolidation of markets among ASEAN countries can support meaningful industrial joint ventures which can greatly contribute to strengthening and broadening the base of the industrial sectors of their respective economies, promoting the greater utilization of their industries and expansion of their trade; [Par.4, Basic Agreement on

The Second Meeting of ASEAN Ministers for Science and Technology emphasized the importance of science and technology for economic development and agreed that the objectives of ASEAN programmes in science and technology shall be directed towards intensifying regional cooperation, promoting technological and manpower development, accelerating technology transfer and the effective and efficient use of natural resources.
[Par. 7, Joint Communique of the Second Meeting of the ASEAN Ministers of Science and Technology, Jakarta, Indonesia, l5-17 November 1983J

The Foreign Ministers stressed the high value of an open intemational trading system which is essential to the health of the international economy, as well as the economies of ASEAN countries. They agreed that ASEAN should intensify its collective economic diplomacy to counter protectionist trends which are harmful to an open intemational
economy. [Par.
July 1984J
62, Joint Communique of the 17th ASEAN Ministerial Meeting, Jakarta, Indonesia,

9-]0

The Foreign Ministers expressed their serious concern over the severe debt problem experienced by many developing countries, and the high and rising interest rates which exacerbated this problem. They called upon the international community to adopt immediate effective measures to alleviate this worsening problem. They also felt that it
38

ASEAN and Human Rights: A Compilation of ASEAN Staiements on Human Rights

was time to accelerate the process of deliberations on the reform of the international monetary system. lPar. 64, Joint Communique of the lTth ASEAN Ministerial Meeting, Jakarta,
Indonesia, 9-l 0 July I 984J

CONSCIOUS also that the inter-relationship between conservation and socio-economic development implies both that conservation is necessary to ensure sustainability of development, and that socio economic development is necessary for the achievement of conservation on a lasting basis; [Agreement on the Conservation of Nature and Natural Resources,
Kuala Ltrmpur, Malaysia,9 July 1985J

The Foreign Ministers, welcomed the increasing interest of the ASEAN Private sector in promoting and strengthening ASEAN economic cooperation. They appreciated the efforts of the ASEAN Chambers of Commerce and Industry in promoting economic and industrial cooperation. They called upon the private sector to continue to work closely with the ASEAN governments in the attainment of ASEAN's objectives and aspirations. [Par. 14, Joint Communique of the ]9th ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia,9 July
I essJ

The Foreign Ministers stressed the need for closer and more productive cooperation between the developed and developing countries in order to ensure a sustained and broadbased global economic growth. In this connection, they expressed the readiness of ASEAN to extend its fullest cooperation to all parlies concemed for the early launching of Global Negotiations to correct existing structural imbalances in the world economy in an integrated and comprehensive manner. [Par. 56, Joint Communique of the lSth ASEAN
Ministerial Meeting, Kuala Lumpur, Malaysia,
9

July

1985J

The Foreign Ministers expressed their serious concern over the continued trend towards protectionist measures in developed countries which seriously affect the exports of developing countries, including the ASEAN Countries. They also expressed the conviction that an open intemational trading system was fundamental for the continued economic progress of all countries. [Par. 57, Joint Communique of the lBth ASEAN Ministerial
Meeting, Kuala Lumpur, Malaysia,9 July 1985J

The Foreign Ministers expressed grave concern over the uncertainties prevailing in the international system, especially the continued debt problem in many developing countries, which have direct repercussions on the financial and trade situations of developing countries. They reaffirmed their call for accelerating the process of deliberations on the reform of the international monetary system which should take into consideration the difficulties faced by the developing countries. [Par.60, Joint Communique
of the l8't' ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, g hly 19851

39

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers reiterated ASEAN's determination to intensify its collective efforts to alleviate the difficulties brought about by the adverse international economic conditions. They further reaffirmed their commitment to foster closer economic cooperation among developing countries so as to accelerate and strengthen cooperative efforts and solidarity among developing countries. [Par. 62, Joint Commtmique of the Eighteenth ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, 9 July 19851

They recognised that although there were certain encouraging signs, a number of major problems remain in the fields of trade, money and finance. In particular, they expressed conceffI at trade and budgetary imbalances affecting the intemational economy, continuing problems of indebtedness in developing countries and mounting protectionist preSSUreS. [Par. 4, Joint Statement of ASEAN-EC Ministerial Meeting on Economic Matters, Bangkok, Thailand, l7-lB October l9B5J

The Foreign Ministers expressed grave concern over the continuing difficulties in the world market for key agricultural and primary products, which have adversely affected the economies of the ASEAN countries. Continued introduction of agricultural subsidies and trade restrictions by certain developed countries have worsened the situation, putting greater adverse pressures on an already depressed commodities market. The Foreign Ministers urged that cooperation and collective action be undertaken by all countries concerned in specific areas, as well as on the multilateral level by actively supporting ongoing efforts in GATT to strengthen the rules on agricultural trade, reducing trade distortions, and allowing trade in agriculture to follow comparative-advantage and freemarket forces. [Par. 66, Joint Communique of the l9'r' ASEAI{ Ministerial Meeting, Manila,
Philippines, 23-28 June 1986J

The Foreign Ministers recalled the ASEAN Memorandum to the Tokyo Economic Summit, presenting ASEAN's position on major international economic issues. Generally, they felt that future Summits should give increasing attention to the major issues of concern to developing countries such as commodity issues, market access, textiles, and the debt problem. The Foreign Ministers noted with interest the decisions of the Summit with regard to agriculture and called on the Summit participants to
ASEAN Ministerial Meeting, Manila, Philippines, 23-28 June 19861

expeditiously and effectively implement such decisions. [Par.

70,

Joint Communique of the t9'h

The Foreign Ministers expressed concern over the debt problem and financial difficulties that still plague many developing countries although it was recognized that the easing of interest rates could alleviate these difficulties. The Foreign Ministers also expressed their concem with the rapid appreciation of the currencies of some developed countries which could aggravate the debt problem. [Par.7l, Joint Communique of the ]g't' ASEAN Ministerial
Meeting, Manila, Philippines, 23-28 June 1986J

40

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Nonetheless, they expressed concern that continuing uncertainties in the world economic situation have an impact on the prospects for growth in developing countries, which remains constrained by factors such as balance of payments problems, falling commodity prices, the burden of debt and protectionist pressures. [Par. i2, Joint Declaration of the Sixth
ASEAN-EC Ministerial Meeting, Jakarta, Indonesia, 20-21 October 1986J

They agreed to continue collaboration, both in the appropriate international fora and on a bilateral basis, to contribute towards sustained international economic recovery, in particular in the developing countries. [Par. 13, Joint Declaration of the Sixth ASEAN-EC
Ministerial Meeting, Jakarta, Indonesia, 20-21 October 1986J

They also welcomed the recognition by the Contracting Parties of the need to bring more discipline and predictability to world agricultural trade by correcting and preventing restrictions and distortions including those related to structural surpluses so as to reduce the uncertainty, imbalances and instability in world agricultural markets. [Par. 14, Joint
Declaration of the Sixth ASEAN-EC Ministerial Meeting, Jakarta, Indonesia, 20-21 October 1986J

In reviewing the intemational economic environment, the Foreign Ministers noted the weak economic growth of the developed economies and the adverse effects it had on the growth and development prospects of the developing countries. They expressed grave concern over the proliferation of protectionist policies, pressures and measures in developed countries, the continued depressed level of commodity prices; the instability of
exchange rates; and the lack of a comprehensive solution to the world debt situation. The Foreign Ministers expressed the hope that these obstacles to growth in both the developed and developing countries would be addressed seriously and expeditiously by the international community with the view to arriving at appropriate solutions for sustained global economic growth. [Par. 56, Joint Communique of the 20'h ASEAN Ministerial Meeting,
Singapore, I5-16 June 19871

The Foreign Ministers were concemed with the increased tendency to resort to unilateral and bilateral measures outside the framework of the GATT in settling trade problems and disputes. This had led to a weakening of the GATT and the increased danger of trade wars. The Foreign Ministers emphasised the importance of maintaining and strengthening the open trading system as embodied by the GATT. They called on all countries to actively support the GATT and to strengthen the rules of international trade through cooperative efiorts in the Uruguay Round. [Par. 57. Jotnt Communique of the 20'h
ASEAN Ministerial Meeting, Singapore, l5-16 Jttne 1987J

The Foreign Ministers viewed with concern the continuing debt problem in many developing countries. They expressed regret that a comprehensive solution to the debt burden of the developing countries had still not been found. This has threatened the international financial system and affected the growth prospects of both developed and
4l

Working Group for an ASEAN Human Rights Mechanism

developing countries. The Foreign Ministers called for urgent international action to rectify the situation. [Par.6], Joint Communique of the 20th ASEAN Ministerial Meeting, Singapore,
I 5-16

June 1987J

The Foreign Ministers reiterated their support for the forthcoming I-INCTAD VII. The Conference would provide an opportunity for developing and developed countries to discuss the problems which hamper growth, to work closely together to arrive at solutions for the revitalisation of the global economy and to create a more responsive environment for sustained growth and development of developing countries. [par. 63, Joint Communique of
the 20"' ASEAN Ministerial Meeting, Singapore, 15-t6 hrne 19871

Sustainctble Development, Jakarta, Indonesia, 30 October 1987J

That ASEAN member countries adopt the principle of sustainable development to guide and to serve as an integrating factor in their common efforts. [par. I, Jakorta Resolution on

RECOGNIZING that these development processes can only be sustained if the availability of natural resources is similarly sustained,

it utilizing our natural resources to meet the needs of the present generation, the ability of future generations to meet their needs should not be imperiled,
MINDFUL that
CONSCIOUS that the sustainability of development requires that development processes and environmental management be conducted in an integrated manner. [Jakarta Resolution

on Sustainable Development, Jakarta, Indonesia, 30 October 19871

Member states shall strengthen intra-ASEAN economic cooperation to maximize the realization of the region's potential in trade and development and to increase ASEAN's efficacy in combating protectionism and countering its effects. [par. 6, Manila Declaration of
1987, Manila, Philippines, I5 Decenber 19871

DESIRING to provide the guidelines and institutional framework within which the ASEAN Governmental machinery and the private sector, through the ASEAN CCI, may collaborate to identify opportunities, formulate programmes and design projects for pursuing industrial joint ventures on the basis of mutual and equitable benefits for the member countries and increased industrial production for the region as a whole . [par. 7,
Revised Basic Agreement on ASEAN Industrial Joint Venhres, Manila, Phitippines, t 5 December 19871

To intensify efforts toward significant expansion of intra-ASEAN trade, ASEAN shall adopt and carry out a package of measures for the improvement of the Preferential Trading Arrangements (PTA). Such measures shall include the progressive reduction in the number of items in the member-countries' exclusion lists and the deepening of the
42

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

margin of preference for items currently in the PTA. [Par.7, Economic Cooperation, Manila
Declaration of 1987, Manila, Philippines, I5 December 19871

existing disequilibria, particularly in trade and current account imbalances and the reduction of monetary instability were considered to be a major task in restoring a sound international economy. The necessity was also stressed in countering growing protectionist pressures, increasing financial flows to developing countries, alleviating their debt burden and thus allowing them resources for growth. [Par. 14, Joint

The correction

of

Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, 2-3 May ISBBJ

The Foreign Ministers reaffirmed their belief that the political and economic resilience of each individual ASEAN country was vital to the stability and security of the region as a whole. [Par. 32, Joint Commtrnique of the 2lst ASEAN Ministerial Meeting, Bangkok, Thailand,4-5 Juty
I
9881

In reviewing the intemational economic environment, the Foreign Ministers noted that the global economic situation is still charucterized by imbalances, rising protectionism, foreign debt problems, volatility in the exchange rates, unfuir trade practices, subsidized programmes, instability in the prices of commodities, and agricultural products. In this regard, the Foreign Ministers stressed the need for closer and concrete cooperation between the developed and developing countries in achieving a sound international
economy. [Par.47, Joint Communique oJ'the 2]st ASEAN Ministerial Meeting, Bangkok, Thailand,4-5 July 19881

The Foreign Ministers also stressed that a lasting solution to the debt problem could not be realized unless the industrialized countries provide crucial support by eliminating protectionism, increasing financial assistance on concessional terms, and adopting sound fiscal and monetary policies. [Par. 55, Joint Comntunique of the 2Ist ASEAN Ministerial Meeting,
Bangkok, Thailand,4-5 July 1988J

REAFFIRMING their desire to collaborate for the acceleration of economic growth in the region, to promote the greater utilization of their agriculture and industries, the expansion of their trade, and improvement of their economic infrastructure for the mutual benefit of their peoples; IMemorandum of lJnderstanding Brand-to-Brand Complementation on the Automotive
Industry Under the Basic Agreement on ASEAN Industrial Complementation (BAAIC), Pattaya, Thailand, 18 October 19881

The Foreign Ministers noted that the Fourth Meeting of the ASEAN Ministers for Science and Technology has adopted the ASEAN Plan of Action on Science and Technology (Plan). The Plan envisaged to strengthen and enhance the capability of ASEAN in science and technology so that it could promote economic development and
43

Working Group for an ASEAN Human Rights Mechanism

help achieve a high quality of life for the people of ASEAN. The Foreign Ministers also noted that an ASEAN Science and Technology Fund would be set up for the purpose of implementing research and development programmes on Science and Technology. [Par. 39, Joint Communique of the 22nd ASEAN Ministerial Meeting, Bandar Seri Begawan, Bntnei
Darnssalam, 3-4 July 1989J

In reviewing the international economic situation, the Foreign Ministers noted with concem the continued asymetrical interdependence between the developing and
developed economies, as well as the adverse effects of macro economic policies of some developed countries on developing countries .. .. The Foreign Ministers further noted that volatility in exchange rates of major currencies has serious adverse impact on international trade and the balance of payments and aggravates the debt problem of some ASEAN countries. [Par.62, Joint Communique of the 22ndASEAN Ministerial Meeting, Bandar Seri
Begawan, Brunei Darussqlam, 3-4 July 1989J

The Foreign Ministers viewed the external debt problem of the developing countries as a critical issue of international concern. [Par. 67, Joint Communique of the 22nd ASEAN Ministerial
Meeting, Bandar Seri Begawan, Brunei Darussalam, 3-4 July 1989J

The Foreign Ministers reiterated their belief that cooperation of govemments, multil ater al financial institutions and commercial creditors would be essential for the effective resolution of global debt burden. [Par. 68, Joint Communique of the 22nd ASEAN Ministerial Meeting, Bandar Seri Begawan, Brunei Darussalam, 3-4 July 1989J

[T]hat APEC process should not dilute ASEAN's identity and that it should not be directed towards the establishment of an economic trading bloc, as this would be contrary to ASEAN's support for the establishment of a more fair and freer multilateral trading system. In pursuing this goal, ASEAN should take a pragmatic and gradual approach.
[Par.
50, Joint Communique of the 23rd ASEAN Ministerial Meeting, Jakarta, Indonesia, 24-25 July 1990]

On the global debt problem, the Foreign Ministers expressed their concern over the growing financial outflows from developing countries in the form of external debt
payment which constituted one of the most debilitating deterrents to sustained growth and development. The Foreign Ministers felt that a comprehensive, durable and developmentoriented solution to that debt problem, based on the principle of shared responsibility of both debtors and creditors, was imperative. [Par. 56, Joint Communique of the 23rd ASEAN
Ministerial Meeting, Jakarta, Indonesia, 24-25 July 1990J

Ministers also noted that without strong economic performance, democratic institutrons cannot flourish, nor can social .justice be promoted. Strong economic growth therefore
44

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

promotes security

in the region. [Joint Statement of the Asia-Pacific Economic

Cooperation

Ministerial Meeting, Singapore, 29-31 July 1990J

They also agreed that the transfer of technology was an essential element of economtc development and recognised that efforts were needed to improve the access of economies in the Asia Pacific region to productive technologies. [Joint Statement of the AsiaPacific Economic Cooperation Ministerial Meeting, Singapore, 29-31 July 19901

The Ministers recognised the urgent need for economic growth to underpin the process of political change and to begin to address the pressing social and economic problems which racial oppression and violence have bred. [Par. 35, Joint Declaration of the Ninth EC-ASEAN
Ministerial Meeting, Luxembourg, 30-31 May 1991J

Therefore, when the issue of human rights is linked to trade, investment and finance, ASEAN cannot but view it as added conditionalities and protectionism by other means. [Par.7, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala Lumptrr, Malaysia, I9-20, July leerJ

The Foreign Ministers reviewed the international economic situation. They expressed their concem on the present global economic slowdown and the adverse impact it has on trade and growth of developing countries. They called for greater efforts to stimulate global economic growth by finding solutions to the problems of high inflation, low growth rates, debt overhang and increasing trade protectionism. [Par. 35, Joint Communique
of the
24'1'

ASEAN Ministerial Meeting, Kuala Lumptrr, Malaysia' l9-20 July

I99lJ

The Foreign Ministers reiterated the need to increase global savings to deal with the shortage of funds needed for reconstruction and structural adjustments. They agreed that this should be accompanied by effective utilization of funds to support well-designed economic policies and programmes. [Par. 36, Joint Communique of the 24't' ASEAN Ministerial Meeting, Kuala Lumpur, Malaysio, l9-20, July l99lJ

On the extemal debt problem, the Foreign Ministers welcomed some progress made in resolving the debt crisis. Nevertheless, the Foreign Ministers viewed with concern the continuing high level of debt which impinges on sustainable growth and development. The Foreign Ministers urged that a coordinated tripartite approach involving debtors, creditors countries and financial institutions be undertaken to speed up debt relief efforts and to allow for recovery to take place in the countries concemed. They took note of the recent write-off of bilateral official debts of selected countries and expressed the hope that these extended to the other indebted countries as well. They also recognised that indebted developing countries are dependent on agriculture. Therefore, in order to reach a permanent long-term solution, it is of utmost urgency that the markets for agricultural
45

Working Group for an ASEAN Human Rights Mechanism

products in developed countries must be liberalised. [Par.37, Joint Communique of the


ASEAN Ministerial Meeting Kuala Lumpur, Malaysia, l9-20, July

24'h

l99ll

The Foreign Ministers reiterated that environment and development are interrelated and mutually reinforcing. Economic development is as much an inherent right of the people as it is a pressing responsibility for governments in developing countries. The Ministers agreed that the measures for the protection of the environment should support economic growth and sustainable development. [Par. 39, Joint Communique of the 24'h ASEAN Ministerial
Meeting, Kuala Lumpur, Malaysia, I9-20, July

I99ll

The Foreign Ministers called upon developed countries to substantially assist developing countries by providing new and additional resources, transfer of and access to environmentally sound technologies. They should also assist in ensuring a supportive international economic environment which would promote economic growth and development in developing countries. [Par.4l, Joint Communique of the 24'h ASEA],[ Ministerial
Meeting, Kuala Ltunpur, Malaysia, I9-20 July 199 IJ

The Foreign Ministers noted the dynamic performance of East Asian economies in an environment of declining global growth and increasing protectionism in the international trading system. They called upon East Asian countries to further strengthen economic cooperation and increase interdependence among them so as to enhance trade and investment flows in the region which would also contribute to global growth and development. [Par. 42, Joint Communique of the 24't' ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 July l99lJ

The Foreign Ministers expressed their views that the emerging global economic order must be one which provides for more equal economic opportunities for all nations, an important feature of which should be the strengthening of an open intemational tradingsystem. The Ministers expressed their resolve to exert all efforts towards this end. Jrar.
43, Joint Communique o.f the 24'h ASEAN Ministerial Meeting, Kuala Lumpnr, Malaysia, I9-20 Juty

I99lJ

The Ministers noted with concern the increasing tendencies to link the issues of
environmental protection and human rights to development and commercial cooperation. They stressed that these issues should not be used as conditionality for aid and development financing,. [Par. 59, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala
Lumpur, Malaysia, l9-20, July 199|J

DESIRING to enhance intra-ASEAN economic cooperation to sustain economic growth and development of all Member States which are essential to the stability and prosperity of the region; fFramework Agreement on Enhancing ASEAN Economic Cooperation, Singapore, 28
January 1992J
46

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

RECOGNISING that tariff and non-tariff barriers are impediments to intra-ASEAN trade and investment flows, and that existing commitments to remove these trade barriers could

be extensively improved upon;


Cooperation, Singapore, 28 January I 992J

[Framework Agreement

on

Enhancing ASEAI,{ Economic

Member States shall endeavour to strengthen their economic cooperation through an outward-looking attitude so that their cooperation contributes to the promotion of global trade liberalisation. [Article ](t), Framework Agreement on Enhancing ASEAN Economic
Cooperation, Singapore, 28 January I 992J

Member States shall reduce or eliminate non-tariff barriers between and among each other on the import and export of products as specifically agreed upon under existing arrangements or any other arising out of this Agreement. [Article 2(A)(3), Framework
Agreement on Enhancing ASEAN Economic Cooperation, Singapore, 28 January 1992J

Member States recognise the complementarity of trade and investment opportunities, and therefore encourage, among others, cooperation and exchanges among the ASEAN private sectors and between ASEAN and non-ASEAN private sectors, and the consideration of appropriate policies aimed at promoting greater intra-ASEAN and extraASEAN investments and other economic activtttes. [Article 6, Framework Agreement on
Enhancing ASEAIV Economic Cooperation, Singapore, 28 January 1992J

ASEAN will also seek the cognizance of the United Nations for the Treaty through such means as an appropriate Resolution. These will signify ASEAN's commitment to the centrality of the LIN role in the maintenance of international peace and secudty as well as promoting cooperation for socio-economic development. [Par. 3, Singapore Declaration ol
1992, Singapore, 28 Jannary 1992J

ASEAN shall adopt joint efforts to strengthen trade promotion and negotiations on ASEAN agricultural products in order to enhance ASEAN's competitive posture, and to
sustain the expansion of ASEAN agricultural exports in the international markets
XXX

ASEAN shall continue to step up cooperation in other economic-related areas, such


science and technology transfer and human resource development;
XXX

as

47

Working Group for an ASEAN Human Rights Mechanism

ASEAN shall continue to uphold the principles of free and open trade embodied in the General Agreement on Tariffs and Trade (GATT), and work towards maintaining and strengthening an open multilateral trading system; [Par. 5, Singapore Declaration of 1992,
Singapore, 28 January 19921

The developed countries should commit themselves to assist developing countries by providing them new and additional financial resources as well as transfer of, and access to environmentally sound technology on concessional and preferential terms;

The developed countries should also help to maintain an intemational environment supportive of economic growth and development; [Par. 7, Singapore Declaration of 1992,
Singapore, 28 January 1992J

They stressed that the role of industrialized countries remains central to the revival of the growth of the world economy. Therefore, the Foreign Ministers urged these countries to vigorously pursue policies aimed at promoting sustained non-inflationary world economic growth. [Par. 30, Joint Communique of the 25't' ASEAN Ministerial Meeting, Manila,
Philippines, 21-22 July 19921

The Foreign Ministers reaffirmed their view that large and powerful economic groupings among developed countries must strengthen an open international economic regime, in particular, an open multilateral trading system. The Ministers expressed their resolve to exert all efforts to promote an open international trading system. [Par. 33, Joint Communique of'the 25't' ASEAN Ministerial Meeting, Manila, Philippines, 2l-22 Juty 19921

Noting the competing demands for capital and investment resources, the Foreign Ministers underscored the need to increase global savings required for structural adjustments and reconstruction efforts, with a view to revitalizing world economic
growth. [Par.
July 19921
34, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Phitippines, 2l-22

On the external debt crisis, the Foreign Ministers welcomed the progress made recently in

the implementation of the debt relief approaches. They reiterated the need for a coordinated tripartite approach involving debtors, creditor countries and financial
institutions to take steps to alleviate the debt burden of developing countries, far beyond the scope of the current terms to allow for recovery, growth and development in the countries concerned. In this connection, the Foreign Ministers endorsed the idea of a major write-off of debts by official donors and commercial banks as well as by multilateral institutions. [Par. 35, Joint Communique of the 25't' ASEAN Ministerial Meeting, Manila,
Philippines,
2

I -22

July I 9921

48

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers reiterated that environment and development are mutually interrelated and mutually reinforcing. The right to development is a fundamental right of
all peoples and measures for the protection of the environment should support economic growth and sustainable development. The Foreign Ministers reaffirmed that ASEAN should strengthen joint actions in countering the anti-tropical timber campaigns in the major developed countries. [Par. 36, Joint Communique of the 25'h ASEAN Ministerial Meeting,
Manila, Philippines, 2l-22 July 19921

The Foreign Ministers reiterated their view that the emerging global economic order must provide for more equal economic opportunities for all nations. Noting that aggregate net flows to the developing countries in 1991 have declined in real terms, they urged the international community to intensify efforts to provide substantial development finance to

complement domestic resources to improve developing countries' prospects for sustaining growth-oriented adjustment and poverty alleviation. They also called upon the industrialized countries and the multilateral financial institutions to intensify their efforts to promote foreign direct investment in developing countries. Finally, the Foreign Ministers underscored the importance of a more favorable external environment for the growth and development of developing countries and urged the industrialized countries to establish a genuinely open multilateral trading system. [Par. 39, Joint Communique of the 25't'
ASEAN Ministerial Meeting, Manila, Philippines, 2l-22 July 1992J

The Foreign Ministers stressed the importance of trade and investment liberalization and increased world trade to secure sustained growth in the world economy. fPar. 19, Joint
Commtrniqtre of the 26't' ASEAN Ministerial Meeting, Singapore, 23-24 July 1993J

The Foreign Ministers emphasized that the right to development and economic wellbeing is a fundamental and inalienable right of all peoples. The emerging global economic order has to provide for more equal economic opportunities for all nations. They called upon industrialized nations and multilateral financial institutions to intensify their efforts in promoting foreign direct investments in developing countries, and to establish a genuinely open multilateral trading environment. They underscored the importance of peace and stability as a pre-condition for the successful implementation of policies for economic development and the eradication of poverty. [Par. 23, Joint
Commtrniqtre of the 2dh ASEAN Ministerial Meeting, Singapore, 23-24

Juty t9931

CONSIDERING that agriculture and forestry will remain as important aspects of the ASEAN economy with a particularly significant impact on income enhancement and poverty alleviation and that human resources can be developed through the transfer of technology, a resultant of the implementation of bold investment programmas; IMinisterial
Understanding on ASEAN Cooperation in Food, Agriulture and Forestty, Bandar Seri Begawan, Brunei Darussalam, 28-30 October 19931

49

Working Group for an ASEAN Human Rights Mechanism

BEARING IN MIND that the Declaration of ASEAN Concord signed in Bali, Indonesia in February 1976 provides that the elimination of poverty, hunger, disease and illiteracy is the primary concem of member countries, and that they shall therefore intensify cooperation in economic and social development [Resolution on the ASEAN Plan of Action for
Children, Manila, Philippines, 2 December 1993J

RECOGNISING the need to realign the food, agriculture, and forestry sectors within the mainstream of ASEAN economic cooperation and that these sectors cannot progress without promoting trade and ASEAN must take full advantage of the relevant international organisations and fora; [Memorandum of Llnderstanding on ASEAI{ Cooperation ancl
Joirtt Approaches in Agriculture and Forest Products Promotion Scheme, Langkaw,i, Malaysia, 25 August
I 9941

ASEAN shall adopt joint efforts to strengthen trade promotion and negotiations on ASEAN agricultural products in order to enhance ASEAN's competitive posture, and to sustain the expansion of ASEAN agricultural exports in international market; [Par. I,
Memorandttm of Understanding on ASEAI{ Cooperation and Joint Approaches in Agriulture and Forest Products Promotion Scheme, Langkawi, Malaysia, 25 August 1994J

In this regard, they stressed the importance of a stable relationship among the major powers. The Ministers also expressed the hope that countries in the region would continue to work together to maintain security and stability to ensure rapid economic growth and progress. [Par. B, Joint Communique of the 2B't'ASEAN Ministerial Meeting, Bandar Seri
Begav,an, Brunei Darussalam, 29-30 July 19951

They requested Members to reaffirm their commitment to the principle of free trade by liberalizing their markets further and continuing with their efforts in bringing down trade barriers in accordance with their commitments and the provisions of the Uruguay Round Agreements. IPar. ]9, Joint Communique of the 28't' ASEAN Ministerial Meeting, Bandar Seri Begawan,
Brunei Darussalam, 293A July 19951

They cautioned that the continuing imbalances in the intemational currency markets might seriously affect financial flows to the region and might have adverse consequences for countries with large foreign debt obligations . [Par. 2 ], Joint Commtmicpre o/'the 28th ASEAN Ministerial Meeting, Bandar Seri Begau,an, Brunei Darussalam, 29-30 hiy 1995J ASEAN shall work towards establishing an ASEAN investment region which will help enhance the area's attractiveness and competitiveness for promoting direct investment. The promotion of direct investment into and amongst ASEAN Member Countries will help in the development and growth of ASEAN economies. In this regard, ASEAN shall implement? among other investment measures, an ASEAN Plan of Action on Cooperation
50

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Bangkok Sttmmit Declaration

and Promotion of Foreign Direct Investment and Intra-ASEAN Investment, [Par. of 1995, 5't' ASEAIV Stmmit, Bangkok, Thailand, I4-15 Decernber 19951

s(1,

ASEAN shall cooperate closely on intemational trade issues in

international fora including the WTO and APEC. Since international financial and macroeconomic policies can have a significant effect on the region's economies, ASEAN shall play a more active role in shaping the agenda of international financial and macroeconomic issues; fPar. 8(t), Bangkok Strmmit Declaration of 1995, 5't' ASEAN Suntntit, Bangkok, Thaitand, l4-l5 December 19951

Pursuant to Article 1(c), Member States shall liberalise trade in services in a substantial number of sectors within a reasonable time frame by:

(a) eliminating substantially all existing discriminatory measures and market

access

limitations amongst Member States; and (b) prohibiting new or more discriminatory measures and market access limitations. fArticle ]II, ASEAIV Fr"amework Agreement on Services, Bangkok, Thailand, I 5 Decenber 19951

beyond those undertaken by Member States under GATS with the aim to realising a free trade area in services. [Article I (c), ASEAN Frame*-ork Agreement on Services, Bangkok, Thailand, I5
December 19951

lTlo liberalise trade in

services by expanding the depth and scope

of

liberalisation

[T]o reaffirm their position adopted at the Informal Meeting held from 27 to 28 Aprll 1995 in Chiang Mai, Thailand that there should be no linkage between intemational
labour standards and international trade; [Par. 6(i), Joint Cornmunique of the ] l'h ASEAN Labour Ministers Meeting, Bangkok, Thailand, 25-26 April 19961

[T]o continue to express conceral that any such linkage would seriously undermine the economic growth of developing countries which in turn would affect the economy of the
developed nations, [Par. 6(iii), Joint Commttnique of the I I't' ASEAIV Labour Ministers
Bangkok, Thailand, 25-26 April 1996J
Meeting,

On the Asia Pacihc region as a whole, the Foreign Ministers reiterated the importance of friendly and cooperative relations among the major regional powers to sustain peace and stability as well as promote economic growth. [Par. 19, Joint Cc,mmunique of the 30't' ASEAN
Ministerial Meeting, SubangJaya, Malaysia, 24-25 July 1997J

The Foreign Ministers while recognizing the importance of trade in bringing about economic development to the ASEAN countries, maintained that human rights issues should not be made conditional to the promotion of free trade among nations. The
5l

Working Group for an ASEAN Human Rights Mechanism

Ministers believed that the issues should be dealt at the appropriate fora. The Foreign Minister expressed concern over the emerging trend of state, provincial and other local authorities in countries outside this region seeking to impose trade sanctions against other States on grounds of alleged human rights violations and non-trade related issues. The Foreign Ministers noted trial thelnternational trading system would be undermined if this trend persisted. They called on all national governments to continue to adhere to WTO
rules. [Par. 36, Joint Communique of the 30'h ASEAN Ministerial Meeting, SubangJaya, Malaysia, 2425 July 1997J

ASEAN Ministerial Meeting, SubangJaya, Malaysia, 24-25 July 19971

They called for the early launching and accelerated implementation of flagship projects in science and technology, human resources development and information technology development to meet the challenges of boosting industrial competitiveness, maintaining rapid industrial growth, and improving human welfare. [Par.48, Joint Commnnique of the 30'h

In view of the increasing significance of economic cooperation in the Dialogue process and the imperative of elevating functional cooperation to a higher plane, the Ministers called upon the Dialogue Partners to accord equal priority to the areas of trade investment, market access and technology transfer, as well as science and technology,
culture and information, environment and social development. [Par. the 30'h ASEAN Ministerial Meeting, SubangJaya, Malaysia,24-2t Juty Ig97l
52,

Joint Communique of

Meeting, Subang Jaya, Malaysia, 24-25 July 19971

The Foreign Ministers reiterated the principle of non-discrimination in the pursuit of development cooperation in ASEAN. In the wake of the admission of new members, the Ministers stressed the need for additional funding in view of the anticipated increase in development assistance requirements. [Par. 53, Joint Commtrnique of the 30'h ASEAN Ministerial

Declaration on Environment and Development, Jakarta, Indonesia, IB September 19971

FURTHER RECOGNIZING that sustainable development is the framework that integrates economic, environmental and social goals in discourse and policies that enhance the quality of life for the people of ASEAN at present and in the future; [Jakarta

To sustain a healthy economy based on eco-efficiency that grows sufficiently to create meaningful jobs, reduce poverty, and provide the opportunity for a higher quality of life and a high quality of environment for all ASEAN people in an increasingly competitive world; [Jakarta Declaration on Environment and Development, Jakarta, Indonesia, 18 September 19971 CONCERNED that global economic growth and environmental challenges have compelled us to seriously take into account the ecological impact on the national,
52

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

regional and global economic growth; [Jakarta Declaration on Environment and Development,
Jakarta, Indonesia, I8 September 19971

We reiterate our resolve to enhance ASEAN economic cooperation through economic development strategies, which are in line with the aspiration of our respective peoples, which put emphasis on sustainable and equitable growth, and enhance national as well as
regional resilience.

We pledge to sustain ASEAN's high economic performance by building upon the foundation of our existing cooperation efforts, consolidating our achievements,
expanding our collective efforts and enhancing mutual assistance.

We commit ourselves to moving towards closer cohesion and economic integration, narrowing the gap in the level of development among Member Countries, ensuring that the multilateral trading system remains fair and open, and achieving global
competitiveness.

We will create a stable, prosperous and highly competitive ASEAN Economic Region in which there is a free flow of goods, services and investments, a freer flow of capital, equitable economic development and reduced poverty and socio-economic disparities.
[ASEAN Vision 2020, Kuala Lumpur, Malaysia, I5 December 1997]

fP]romote a modern and competitive small and medium enterprises (SME) sector in ASEAN which will contribute to the industrial development and efficiency of the region.
[ASEAN Vision 2020, Kuala Lumpur, Malaysia, l5 December 1997J

fW]ork towards a world class standards and conformance system that will provide a harmonised system to facilitate the free flow of ASEAN trade while meeting health, safety and environmental needs. [ASEAN Vision 2020, Kuala Lumpur, Malaysia, l5 December
leeu

The purpose of the Centre shall be to serve as a catalyst for the economic growth and development of the ASEAN region by initiating, coordinating and facilitating national as

wellasjointandcollectiveactivitiesonenergy. [Article2,AgreementontheEstablishmentofthe
ASEAN Centrefor Energt, Manila, Philippines, 22 Moy 1998J

[O]n the occasion of the Second ASEAN Informal Summit, stressed the importance of developing a shared perspective on the prospects of East Asia for the twenty-first century, and highlighted the common objectives of enhanced regional security, heightened economic confidence and cooperation, and deepened cultural exchanges. fPar. 6, Joint
Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25

July

1998J

53

Working Group for an ASEAN Human Rights Mechanism

The objective of the ASEAN Surveillance Process is to strengthen cooperation by:

exchanging information and discussing economic and financial development of

a peer review process to enhance macroeconomic stability and the financial system in the region; highlighting possible policy options and encouraging early unilateral and collective actions to prevent a crisis; and monitoring and discussing global economic and financial developments which could have implications on the region and propose possible regional and national level actions. [Par. I, Terms of {Jnderstanding on the Establishment of the ASEAN Surveillance Process, Washington DC, USA,4 October l99Bl
providing an early warning system and
The objectives of this Agreement are:

Member States in the region;

a. to establish a competitive ASEAN

Investment Area with a more liberal and transparent investment environment amongst Member States in order to substantially increase the flow of investments into ASEAN from both ASEAN
and non-ASEAN sources;

jointly promote ASEAN

as the most attractive investment area; strengthen and increase the competitiveness of ASEAN's economic sectors; progressively reduce or eliminate investment regulations and conditions which

may impede investment flows and the operation


ASEAN; and

of investment projects in
contribute towards free

b. to ensure that the realisation of the above objectives would


flow of investmentsby 2020. [Article
Makati City, Philippines, 7 October l99Bl

3, Framework Agreement on the ASEAN Investment Area,

need to address the current economic situation in the region, ASEAN shall implement initiatives to hasten economic recovery and address the social impact of the global economic and financial crisis. These measures reaffirm ASEAN commitments to closer regional integration and are directed at consolidating and strengthening the economic fundamentals of the Member Countries . [Ha Noi Plan of Action, Ha l{oi, Viet Nam, I5 December 1998J

In recognition of the

To restore confidence, regenerate economic growth and promote regional financial stability through maintaining sound macroeconomic and financial policies as well as
strengthening financial system and capital markets enhanced by closer consultations, so as to avoid future disturbances. [Part I, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December
t 9e8J

54

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

To create a stable, prosperous and highly competitive ASEAN Economic Region in which there is a free flow of goods, services and investments, a freer flow of capital,
equitable economic development and reduced poverty and socio-economic disparities.
[Part II, Ha Noi Plan of Action, Ha Noi, Viet ]Vam, I5 December l99BJ

Encourage technical cooperation and technology transfer among Member States in the development of Electronic Commerce infrastructure, applications and services. [Par. 2.8.3, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 19981

To intensify cooperation in the development of highly efficient and quality infrastructure and in the promotion and progressive liberalisation of these services sectors:
[Par. 2.10, Ha Noi Plan of Action, Ha Noi, Viet Nam, I 5 December l99BJ

Develop the Trans-ASEAN transportation network by the year 2000 as the trunkline or main corridor for the movement of goods and people in ASEAN, consisting of major road (interstate highway) and railway networks, principal ports and sea lanes for maritime traffic, inland waterway transport and major civil aviation links; [Por. 2.10.1.a, Ha
Noi Plan of Action, Ha l,,loi, Viet Nam, l5 December 1998J

Launch, within ASEAN's existing resources, a concerted communications programme to promote ASEAN's standing in the international community and strengthen confidence in ASEAN as an ideal place for investment, trade and tourism. [Par.9.2, Ha lrloi Plan of Ac'tion, Ha Noi, Viet Nam, l5 December 19981

The objectives of this Agreement are:

to facilitate transportation of goods in transit, to support the implementation of

the

ASEAN Free Trade Area, and to further integrate the region's economies; to simplify and harmonize transport, trade and customs regulations and requirements for the purpose of facilitation of goods in transit; and to establish an effective, efficient, integrated and harmonized transit transport system in ASEAN . [Articte ], ASEAN Framework Agreement on the Facilitation of Goods in Transit, Ho Noi,
Viet lVam,

I6 December 1998J

The objectives of this Framework Agreement are:

a. to stipulate the general

principles for developing Sectoral MRAs amongst Member States and other related cooperative activities to facilitate elimination of technical barriers to trade within ASEAN; and
55

Working Group for an ASEAN Human Rights Mechanism

b.

lVam, I6 December l99BJ

to stipulate the general conditions under which each Member State to a Sectoral MRA shall accept or recognize results of conformity assessment procedures, produced by the Conformity Assessment Bodies of the other Member States to the Sectoral MRA in question in assessing conformity to the requirements, as specified in the Sectoral MRA. fArticte 2, ASEAN Framework Agreement on Mutual Recognition Arrangements, Ha Noi, Viet

We are committed to accelerating, economic and financial reforms to strengthen our respective economies. [Par. 6, Ha Noi Declaration of 1998, Ha Noi, Viet Nam, I6 December t99g]
To foster the integrated and coordinated development and implementation of the ASEAN Highway Network Project, Member Countries shall intensify cooperative arrangements at the national, sub-regional and regional levels through better management and optimum use of existing road transport infrastructure. Equal emphasis shall be accorded to adopting measures to improve the operational efficiency and reliability of international road transpott. [Article 3, Ministerial Understanding on the Development of the ASEAN Highway Network Project, Ha Noi, Viet Nam, l5 September 1999J

In development cooperation, they agreed on the importance of generating and extending support for ASEAN efforts in the implementation of the Ha Noi Plan of Action to advance economic and sustainable development, technical capability, and the standard of living of the people with the view to fulfilling long-term economic and political stability in the region; [Par. 6(a), Joint Statement on East Asia Cooperation, 3'" ASEAN Informal Summit,
Manila, Philippines, 28, November 1999J

economic cooperation, they agreed to strengthen efforts in accelerating trade, investments, technology transfer, encouraging technical cooperation in information technology and e-commerce, promotion of industrial and igricultural cooperation, strengthening of SMEs, promotion of tourism, encouraging active participation in the development of growth areas in East Asia, including the Mekong River Basin; to promote broader private sector participation in economic cooperition activities through considering networking initiatives such as an East Asian Business Council and indust{rspecific business fora for major regional industries; fPar. 6 (a), Joint Statement on East Asia
Cooperation, 3"t ASEAN Inlormal summit,-Monira, phirippines,)g November 1999J

In

ASEAN Infbrmal Summit, Manila, Philippines, 28 November 19991

In the area of scientific and technical development, they agreed to strengthen cooperation in these areas to enhance capacity-building for the promotion of economic development and sustained growth in East Asia; \rar. 6 (a), Joint Statement on East Asia Cooperation, 3,',t

56

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Intellectuul Property
On the new subjects, notably services, intellectual property and trade-related investment measures they took note of the preparatory work carried out so far and expressed their hope that further work in these increasingly important areas could lead to successful results. lPar. 15, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, 2-3 May
re88l

still existed including those concerning the protection of intellectual property rights, the Ministers expressed their wish to continue efforts to find the most appropriate ways to ovefcome those problems. [Par. ]7, Joint Declaration of the In this connection,
as problems
Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, 2-3 May I98BJ

The Ministers also agreed on the need to continue to improve the investment climate, including the protection of investments and intellectual property rights. This would help to promote technology transfer, to encourage inward investments and to develop trade. [Par. 17, Joint Declaration of the Tenth ASEAN-EC Ministerial Meeting, Manila, Philippines, 29-30
October 19921

The participating parties will be entitled to any intellectual property arising out of the AAECP projects or activities, in accordance with the provisions specified in the implementing arrangements which will take into account:
The intellectual contributions of each participating party; The financial contributions of each participating party; The contributions of pre-existing intellectual property, materials research effort and proprietary work of each participating party; The facilities provided by each participatingparty; Legal considerations; and Such other relevant considerations as the participating parties may agree upon.
[Articte VII(2), Memorandum of (Jnderstanding Befween lhe Government of the Member Countries qf The Association of Southeast Asian Nations and the Government of Australia on the ASEA|t{-Australia
Economic Cooperation Programme (AAECP) Phase III, Bangkok, Thailand, 27 July 1994J

Member States shall strengthen their cooperation in the field of intellectual property through an open and outward looking attitude with a view to contributing to the promotion and growth of regional and global trade liberalisation. [Arricte ], Par. 1, ASEAN
Framework Agreement on Intellectual Property Cooperation, Bangkok, Thailand, I5 December 1995J

RECOGNISING the important role of intellectual property rights in the conduct of trade and the flow of investment among the Member States of ASEAN and the importance of
51

Working Group for an ASEAN Human Rights Mechanism

cooperation in intellectual property in the region; [ASEAN Framework Agreement on Intellectual


Property Cooperation, Bangkok, Thailand, I5 December 1995J

DESIRING to foster closer cooperation in the field of intellectual property and related fields in order to provide a firm basis for economic progress, the expeditious realization of the ASEAN Free Trade Area and prosperity among the Member States of ASEAN; IASEAN Framework Agreement on Intellechral ProperQ Cooperation, Bangkok, Thailand, ]5 December
r

e9sJ

RECOGNISING the need to promote closer cooperation and understanding among countries in the region in the field of intellectual property and related fields to contribute to regional dynamism, synergy and growth; [ASEAN Framework Agreement on Intellectual
Property Cooperation, Bangkok, Thailand, I5 December 19951

Member States shall explore the possibility of setting up an ASEAN patent system, including an ASEAN Patent Office, if feasible, to promote the region-wide protection of patent bearing in mind developments on regional and international protection of patent. [Article ], Par.4, ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok,
Thailand, I5 December 19951

Member States shall explore the possibility of setting up an ASEAN trademark system, including an ASEAN Trademark Office, if feasible, to promote the region-wide protection of trademark bearing in mind developments on regional and international protection of tradematks. [Article ], Par. 5, ASEAN FrameworkAgreement on Intellechral Propere
Cooperation, Bangkok, Thailand, I5 December 19951

Member States shall have consultations on the development of their intellectual property regimes with a view to creating ASEAN standards and practices which are consistent with international standards. [Articte ], Par. 6, ASEAN Framework Agreement on Intellechral Property Cooperation, Bangkok, Thailand, l5 December 19951

Member States shall recognise and respect the protection and enforcement of intellectual property rights in each Member State and the adoption of measures necessary for the protection of public health and nutrition and the promotion of the public interests in sectors of vital importance to the Member State's socio-economic and technological development , which are consistent with their international obligations. [Article 2, par. 4, ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok, Thailand, l5 December
I e95l

Member States are conscious of and understand the necessity for each Member State to adopt appropriate measures to prevent the abuse of intellectual property rights by right
58

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

holders or the resort to practices which unreasonably restrain-trade or adversely affect the international transfer of technolog!. [Article 2, Par. 5, ASEAN Framework Agreement on Intellecnal Property Cooperation, Bangkok, Thailand, I5 Decembet' 19951

ASEAN, conscious of the importance of intellectual property in intra-ASEAN and world trade, shall implement the Framework Agreement on Intellectual Property Cooperation which will increase cooperation amongst ASEAN Member Countries in the intellectual property area and which further confirrns ASEAN's determination to explore the possibility of setting up an ASEAN Patent System and an ASEAN Trademark System; [Par. 8(i), Bangkok Summit Declaration of 1995, Bangkok, Thailand, I5 December 1995J

To ensure adequate and effective protection, including legislation, administration and enforcement, of intellectual property rights in the region based on the principles of Most Favoured Nation (MFN) treatment, national treatment and transparency as set out in the
TRIPS Agreement. [Par. 2.7, Ha Noi Plan of Action, Ha Noi,
Viet Nam,

I5 December 1998J

Strengthen civil and administrative procedures and remedies against infringement of intellectual property rights and relevant legislation; and |rar. 2.7.1.a, Ha Noi Plan of Action, Ha
Noi, Viet Nam, I5 December 19981

Strengthen intellectual property administration

by setting up an ASEAN

electronic
Noi Plan

database by the year 2004 on patents, designs, geographical indications, trademarks and

information on copyright and layout design of integrated circuits. [Par. 2.7.2.g, Ha


of Action, Ha Noi, Viet Nam, I5 December 19981

Promote Intellectual Property public and private sector awareness; [Par. 2.7.3.f, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 19981

Introduce Intellectual Property as


institutions; [Par.

a subject in the curriculum of higher learning

2.7.3.g, Ha Noi Plan of Action, Ha Noi, Viet Nam, t5 December 1998J

Develop training programmes for Intellectual Property officials, [Par. 2.7.3.h, Ha


Action, Ha Noi, Viet Nam, I5 December 1998J

Noi Plan o/'

Plan of Action, Ha No| Viet Nam, l5 December 19981

Ensure the protection of intellectual property rights and consumer rights. [Par. 3.1.2, Ha Noi

59

Working Group for an ASEAN Human Rights Mechanism

Sociul Development
To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community South-East Asian
Nations; [Par. t,
The ASEAN Declaration (Bangkok Declaration), Bangkok, 8 August 1967J

REITERATING our commitment to the principle in the Bangkok Declaration which established ASEAN in 1961, "that the countries of South East Asia share a primary responsibility for strengthening the economic and social stability of the region and ensuring their peaceful and progressive national development, and that they are determined to ensure stability and security from external interference in any form or manifestation in order to preserve their national identities in accordance with the ideals and aspirations of their peoples"; [Zone of Peace Freedom and Netttrality Declaration (Kuala
Lumpur Declaration), Kuala Lumpur, Malaysia, 27 l,lovember 197 lJ

Cooperation in the field of social development, with emphasis on the well being of the low-income group and of the rural population, through the expansion of opportunities for productive employment with fair remuneration. [Par. C.I, Declaration of ASEAN Concord, Bali,
24 Febnrary 1976J

Support for the active involvement of all sectors and levels of the ASEAN communities, particularly the women and youth, in development efforts. [Par. C.2, Declaration of ASEAN
Concord, Bali, 24 February 1976J

The elimination of poverty, hunger, disease and illiteracy is a primary concem of member states. They shall therefore intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of the living standards of their peoples. [Par. 3, Declaration of ASEAN Concord, Bali, 24 Februaty
1

e76J

The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance. [Chapter III, Articte 7, Treae, of Amity and Cooperation in Southeast Asia, Bati, 24
February 1976J

The Meeting endorsed the Report of the Special Meeting of the Labor Ministers of ASEAN countries held in Baguio City, Philippines on l7-I9May 7976, and reaffirmed the commitment of their respective Governments to the ASEAN Basic Needs Strategy which aims to effectively distribute the benefits of production to the people of the region
60

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

who still experience poverty and deprivation. The Strategy requires that the production of basic needs, personal consumption items, community seryices, and productive and remunerative employment be an integral portion of the individual country's development efforts. [Par. 17, Joint Communique of the Ninth ASEAN Ministerial Meeting, Manila, Philippines, 24-26
June 1976J

The Meeting welcomed the decision of the ASEAN Ministers of Labor to focus efforts on human resources development as a contribution to the welfare of mankind, particularly on the betterment of the standard of life for the working man engaged in economic activities in the traditional rural sector and in the informal urban sector to the basic needs of human life. The Meeting urged that high priority be given to these programmes. [Par.
24, Joint Commtmique of the I I't' ASEAN Ministerial Meeting, Pattaya, Thaitand, I4- I6 June 1978J

In the area of social development and science and technology, the Meeting noted with satisfaction the progress of the on-going projects in the fields of population and family
planning, control of narcotics and dangerous drugs, food, energy and technology transfer as well as education, health and nutrition. [Par. 37, Joint Communique of the ]2't' ASEAN
Ministerial Meeting, Bali, Indonesia, 28-30 June 1979J

To give priority to projects which utlhze the available resources in the Member States and which contribute to the increase in food production and foreign exchange earnings or which save foreign exchange and create employment. [Articte ].2, Basic Agreement on ASEAN
Induslrial Projects, Kuala Lumpur, 6 March 1980J

The Ministers recognised the increasing importance of the role of science and technology in promoting social and economic development of the developing countries and undertook to intensify scientific and technical cooperation. [Par. l8(fl, ASEAI,'|-EEC Joint
Declaration, Kuala Lumpur, Malaysia,7 March 1980J

On social development, the Meeting noted with satisfaction the increased cooperation in the areas of education, population, drug prevention, health and disaster preparedness. The Meeting also expressed the hope that activities and projects on social development be intensified in order to keep pace with activities in the economic fields. [Par. 44, Joint Commtrniqtre of the l3't' ASEAIV Ministerial Meeting, Kuala Ltmpur, 25-26 hrne 19801

BY ADOPTING the following guidelines: 1. Ensure that collaboration contributes directly or indirectly towards regional self-

2. 3.

reliance and self-determination. Emphasize health as an integrated part of the overall socio-economic development. Aim at making health care accesible to the total population, with priority being given to the under-served and depressed areas.
6l

Working Group for an ASEAN Human Rights Mechanism

4.
5. 6.

Promote Health Manpower Development consistent with the needs of the ASEAN countries. Continue with international collaboration in health while striving to be self-reliant in the delivery of health services. Emphasize primary health care in the overall health development strategy.
[Declaration of the ASEAN Health Ministers on Collaboration on Health, Manila, 24 July 1980J

In their opening statements, the ASEAN Health Ministers

stressed the importance adopting the following for health collaboration among the ASEAN countries:

of

1.

2.

Ensure the collaboration contributes directly or indirectly towards regional selfreliance and self-determination. Emphasize health as an integralpart of the overall socio-economic development. [Par. 10, Joint Communique of the Second Meeting of the ASEAN Health Ministers, Manila,
Philippines, 22-24 July 19801

CONCERNED with the pressing problems of poverty and underdevelopment besetting the people of the ASEAN countries; RECOGNIZING the need to continue and accelerate national development in order to promote economic and social well-being of the people;

Manila, Philippines, 30 April l98lJ

FURTHER RECOGNIZING that sustained development is dependent upon the continuous availability of natural resources; [Manila Declaration on the ASEAN Environment,

The Meeting reviewed the developments in ASEAN regional cooperation and welcomed the efforts to intensify closer collaboration in the economic, social and cultural fields. The Meeting reaffirmed that these collective endeavours would further enhance the economic well-being of the region and its people. [Par. 37, Joint Commttnique of the ]4'h ASEAN
Ministerial Meeting, Manila, I7-18 June I98IJ

On social development, the Meeting expressed satisfaction over the cooperative endeavours in the fields of education, population, drug prevention and health. The
Meeting reiterated the need to further expand the activities and projects in these areas.
[Par.48, Joint Communique of the Fourteenth ASEAN Ministerial Meeting, Manila, I7-18 June 1981]

In the field of social development, the Foreign Ministers expressed satisfaction on the increased cooperation in the areas of education, population, d.ug prevention, health and nutrition, the ASEAN Women's Programmes, human resources and tropical medicine.
[Par.
5I

Joint Communique of the

I 5'h

ASEAN Ministerial Meeting, Singapore, I4- I 6

hrne 1982]

62

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Meeting agreed in principle to set up an ASEAN Centre for Industrial Relations to facilitate exchange of information and expertise to help member countries strengthen their industrial relations system and practices. The ultimate objective of this project is to promote social and economic development through industrial peace, higher productivity and social development. [Par. 8, Joint Communique of the Fourth Meeting of the ASEAN Labour
Ministers, Singapore, 6-7 September 19821

RECOGNISING the signifi cant contribution by the fisheries sector to the socro-economic welfare of the rural population and to rural development; IASEAN Ministerial (Jnderstanding
on Fisheries Cooperation, Singapore, 22 October 1983J

OBJECTIVE
integrated planning in the environmentally related activities forward approach entailing advance or with a view to incorporating environmental dimension in development planning right at the base level in order to achieve sustained development and long-term conservation of environmental assets and at the same time improving the quality of life for all. [Bangkok
Declaration on the ASEAN Environment, Bangkok, Thailand,29 November 19841

To implement the ASEAN DEVELOPMENT STRATEGY through an

CONSCIOUS also that the inter-relationship between conservation and socio-economtc development implies both that conservation is necessary to ensure sustainability of development, and that socio economic development is necessary for the achievement of conservation on a lasting basis; [Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpttr,9 July 1985J The Foreign Ministers noted with satisfaction the continued intensive cooperation in the socio-cultural and scientific fields. The number of projects implemented by the ASEAN Committees on Culture and Information, Social Development, and Science and Technology accounted for a majority of cooperation activities in ASEAN. The activities involved a wide spectrum of ASEAN participants covering youth and women, researchers, scientists as well as social, cultural, media, educational and health workers. These activities have fuither promoted ASEAN awareness and a sense of regional identity among the ASEAN peoples. fPar. 37, Joint Communique of the 20'h ASEAN Ministerial
Meeting, Singapore, 15-16 June 1987J

The Foreign Ministers looked forward to the convening of the Intemational Conference on the Relationship between Disarmament and Development to be held in New York, 24 August - 11 September 1987. They expressed the hope that all the members of the United Nations, especially states which possess the largest military arsenals and most developed states, would participate actively in the Conference to ensure its success, in an eamest effort to promote economic and social development of all nations through the

63

Working Group for an ASEAN Human Rights Mechanism

implementation

of

Ministerial Meeting, Singapore, I 5-16 June 1987J

disarmament measures. [Par. 67, Joint Communique of the 20'h ASEAN

ASEAN cooperation in food, agriculture and forestry shall be aimed at improving the standard of living in the agricultural and forestry sectors; sustaining adequate supply of basic agricultural and forestry commodities to meet regional needs; and reducing the differences in agricultural and forestry structures in the region. Future cooperative efforts
shall be geared towards greater private sector involvement and more emphasis on human resources development of farmers, fishermen and forestry workers. [Par. ]5, Manita Declaration of 1987, Manila, Philippines, l5 December 1987J

Member states shall, through education, institutional linkages, and improved flow of information, seek to enhance awareness of ASEAN, inculcate in the people the common socio-economic values and heritage, and promote mutual understanding of the culture, traditions and ways of life of their nations. [Par. 17, Manila Declaration of 1987, Manita, ]5
December 1987J

In the

area of environment, ASEAN shall cooperate in promoting the principle of sustainable development and systematically integrating it into all aspects of development and shall focus on the need for policy guidelines to protect ASEAN's common resources and environment. [Par. 20, Manila Declaration of 1987, Manila, Philippines, I5 December 1987J

The Foreign Ministers agreed on the establishment of the ASEAN Social Development Fund and, along with the ASEAN Science and Technology Fund which was created earlier, were convinced that these funds would help promote greater regional cooperation in these fields. [Par. 35, Joint Communique of the 23''t ASEAN Ministerial Meeting, Jakarta, Indonesia,
24-25 July 1990J

The Ministers reaffirmed the importance of environment and sustainable development, both for the present and future generations. They reiterated that environment and
the g't' EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May

sustainable development were mutually and closely interrelated. [Par. l99tJ

61, Joint Declaration

of

in environmental and developmental issues. Both sides reiterated that environmental and developmental problems whether local, regional or global must be addressed urgently and on the basis of concerted action and equitably shared responsibility of all nations, taking into account the capabilities of each, in order to achieve sustainable development and continued economic growth. [Par. 62, Joint Declaration of the 9't' EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

The Ministers further recognized the growing importance of cooperation

64

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Ministers noted with concern the increasing tendencies to link the issues of
environmental protection and human rights to development and commercial cooperation. They also stressed that these issues should not be used as conditionality for aid and development financing. [Par. 59, Joint Communiqtte of the 24'h ASEAN Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20 July I99lJ

CONVINCED that closer cooperation is needed to utilize more effectively human and natural resources of the Asia-Pacific region so as to attain sustainable growth of its economies while reducing economic disparities among them and improve the economic and social well-being of its peoples; [Seoul APEC Declaration, Seoul, ]2-14 November I99lJ

ASEAN member countries shall continue to play an active part in protecting the environment by continuing to cooperate in promoting the promoting the principle of sustainable development and integrating it into all aspects of development;
XXX

Non-Governmental Organizations (NGOs) play an important role in social development, ASEAN shall encourage the exchange of information among NGOs in the region and help expand their participation in intra-ASEAN functional cooperation; [Par.7,

As

Singapore Declaration of 1992, Singapore, 28 January 1992J

AWARE, that the pursuit of sustainable development is essential for a better quality of life for the people of ASEAN today and in the future;
FURTHER AWARE, that sustainable development, especially the management of the environment, requires close cooperation among and between the member countries of ASEAN in particular and global cooperation in general, and that ASEAN should
therefore strengthen such cooperation;

RECOGNISING, that environmental population factors must


developmental efforts in order to achieve sustainable development;

be

integrated into

FURTHER RECOGNISING, that natural resources and environmental accounting and valuation of environmental and ecological factors are essential to the successful pursuit of
sustainable development;
XXX

REALISING, that the United Nations Conference on Environment and Development (UNCED) to be held in Rio de Janeiro in June 1992 offers a unique opportunity to put into effect programmes for global environmental management and the achievement of sustainable development, and the ASEAN should therefore contribute its views to this
forum; and

65

Working Group for an ASEAN Human Rights Mechanism

FURTHER REALISING, that being a grouping of dynamic developing countries, ASEAN should take a leading role towards achieving a proper balance between environmental protection and economic development and promote its common views on these issues at international fora including the 4'n IINCFD Preparatory Committee Meeting to be held in New York in March lgg2 and the 2"d Ministerial Conference of Developing Countries on Environment and Development to be held in Kuala Lumpur in April 1992. [Singapore Resolution on Environment and Development, Singapore, 18 February 1992J

To promote regional cooperation towards sustainable


ASEAN member countries shall:
Policies

development,

we agree

that

introduce policy measures and promote institutional development that will encourage the integration of environmental factors in all developmental
processes;

work closely on inter-related issues of environmental and development; cooperate in setting basic environmental quality standards and regulations at national level, work towards harmonized environmental quality standards in the region, and adopt long term quantitative goals relating to ambient air quality and river water quality; harmonize policy directions and step up operational and technical cooperation on environmental matters such as transboundary air water pollution, natural disaster, forest fires, oil spills, and the transboundary movements and disposal of toxic chemicals andhazardous wastes, and undertake joint actions to address the antitropical timber campaign; ISingapore Resolution on Environment and Development,
Singapore, l8 Februarv 19921

The Foreign Ministers reiterated that environment and development are mutually interrelated and mutually reinforcing. The right to development is a fundamental right of
all peoples and measures for the protection of the environment should support economic
growth and sustainable development. [Par.
Meeting, Manilct, Philippines, 2l-22 July 1992J
36, Joint Communique of the 25'h ASEAN Ministerial

The Foreign Ministers welcomed the convening of the United Nations Conference on the Environment and Development held in Rio de Janeiro on 3-14 June 1992 and viewed the Earlh Sumrnit not as an end in itself but as a new beginning for a global partnership in attaining sustainable development in both developed and developing countries. In this context, it is imperative that the developed countries and the multilateral financial institutions implement the commitments made in Rio by granting new and additional financial resources and environmentally-sound technologies to the developing countries.
2l-22 July 1992J [pcu.. 37, Joint ContmuniErc o/'the 25't' ASEAN Ministerial Meeting, Manila, Philippines,

66

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

They noted that the development cooperation would be aimed at poverty alleviation programmes conducted with individual ASEAN member countries. [Par. 20, Joint
Declaration of the Tenth ASEAN-EC Ministers Meeting, Manila, Philippines 29-30 October 1992J

The Foreign Ministers emphasized that the right to development and economic wellbeing is a fundamental and inalienable right of all peoples. The emerging global economic order has to provide for more equal economic opportunities for all nations. They called upon industriahzed nations and multilateral financial institutions to intensify their efforts in promoting foreign direct investments in developing countries, and to establish a genuinely open multilateral trading environment. They underscored the importance of peace and stability as a pre-condition for the successful implementation of policies for economic development and the eradication of poverty. [Par. 23, Joint
Commtrniqtte of the 26't' ASEAN Ministerial Meeting, Singapore, 23-24 July 19931

BEARING IN MIND that the Declaration of ASEAN Concord signed in Bali, Indonesia in February 1976 provides that the elimination of poverty, hunger, disease and illiteracy is the primary concern of member countries, and that they shall therefore intensify cooperation in economic and social development [Resolution on the ASEAN Plan of'Action ./br
Children, Manila, Philippines, 2 December 1993J

CONSIDERING that economic growth and environmental management are inseparable and crucial to sustaining and further improving the quality of life of the people of ASEAN; [Bandar Seri Begawan Resolution on the Environment and Development, 26 April 1994J RECOGNISING that in line with the outcome of the United Nations Conference on Environment and Development, which provided the impetus for sustainable development, ASEAN should promote the principles contained in the Rio Declaration on Environment and Development and actively implement Agenda 2l; [Bandar Seri Begav'an Resolution on the
Environment and Development, 26 April 19941

socioeconomic development and stability in the region through the implementation of regional cooperative programmes to help bring about industrial harmony, higher productivity, the efficient use of human resources, greater employment opportunities and an enhanced quality of life for workers. fPar. 13, Joint Communique of'the

To promote

l1th ASEAN Labour Ministers Meeting, Singapore, I6-17 May 1994J

The Ministers discussed EU-ASEAN development cooperation, and notably

the

commitment of both sides to give priority to the alleviation or poverty, human resource development, health and family planning, the role of women, respect for human rights, environment and sustainable development, taking into account the individual ASEAN countries, needs. [Par. 16, Joint Declaration of the l]'t'ASEAN-EU Ministerial Meeting, Karlsruhe.
Germany,
2

2-2 3 Septentber

994J

61

Working Group for an ASEAN Human Rights Mechanism

The Ministers reviewed with satisfaction the positive result of development cooperation by the EU and ASEAN countries in the less developed countries of Southeast Asia. They further recognised the interest of EU and ASEAN to put forward a joint effort to promote development including the alleviation of poverty in these countries in order to facilitate their full participation in the economic growth of Southeast Asia. [Par. 17, Joint Declaration
of'the I l'h ASEAN-EU Ministerial Meeting, Karlsruhe, Germany, 22-23 September 1994J

Enhancing exchange of information on policies and strategies to eradicate poverty and develop human resources for agriculture, fishery and rural development; [Part III(I), Priorie
Area 4, Framework.fbr Programme of Action of ASEAN Cooperation in Food, Agriculture and Foreshy
(1

ee4- r 999)l

Improving the entrepreneurial capacities of farmers, fishermen, cooperative leaders, rural women, rural youth and forestry workers in agribusiness and agroforestry through training and exchange of visits; [Part III. PrioriQ Area 4(ii), Frameworkfor Programme of Action of
ASEAN Cooperation in Food, Agriculture and Forestry (1994-1999)J

AND RESOLUTE in improving the quality of life of its people through human development to enable them to rcahze their full potential and capacity to contribute towards further progress as productive and responsible members of society; [Bangkok
Summit Declaration of 1995, 5'h ASEAN Summit, Bangkok, Thailand, 15 December 19951

ASEAN shall focus on promoting sustainable tourism development, preservation of cultural and environmental resources, the provision of transportation and other infrastructure, simplification of immigration procedures and human resource
development; [Par. 8(q), Bangkok Summit Declaration of 1995, 5th ASEAN Summit, Bangkok, Thaitand,
December 1995J

ASEAN shall reinforce its efforts to improve the quality of life of its peoples by ensuring social justice, improving the quality of and access to social services and working towards the reduction of poverly; [Par. 9(g), Bangkok Summit Declaration of 1995, 5't' ASEAN Summit,
Bangkok, Thailand, l5 December 19951

ASEAN shall engage the support of the public, private, international and national organizations and agencies in community building through appropriate educational processes, in recognition of the crucial role of community education in sustainable
development; [Par. 9(i), Bangkok Summit Declaration of l5 December 19951
1995, 5'h ASEAN Summit, Bangkok, Thailand,

68

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

ASEAN shall continue to strengthen the family as a foundation for a strong, caring and cohesive society, capable of meeting new challenges arising from rapid social and economic changes, by promoting strong family values and bonds and providing for safety nets for families to help cushion the impact of such changes; [Par. 9(j), Bangkok Summit
Declaration of 1995, 5th ASEAN Summit, Bangkok, Thailand, l4-15 December 1995J

We discussed ASEAN-EU cooperation and reaffirmed our commitment to give priority to the alleviation of poverty, human resource development, health and family planning, the role of women, respect for human rights, environment and sustainable development, taking into account the individual ASEAN countries'needs. fPar. 14, Joint Declaration of the
I2't'ASEAN-EU Ministerial Meeting, Singapore, I3-14 February 1997J

Development Assistance. We reaffirm our commitment to assist the economic growth and social welfare of the poor with a notable effort accorded to the development of rural areas and primary education. [Par. t5(i), Joint Declaration of the ]2the ASEAN-EU Ministerial
Meeting, Singapore, I3-14 February 1997J

Human resource development: Including incorporating health in all poverty alleviation efforts and strengthening health as an integral component of women development effofis. [Par. 2.8, Memorandum of Understanding between the Association of Southeast Asian Nations and the
l(orld Health Organization, 26 February
19971

AWARE that prosperity, equity, and a safe and healthy environment are intenelated elements of the human dream for a better future in the next millenium;
FURTHER AWARE that economic, environmental and social goals are integrally linked and by having policies that reflect that interrelationship, the lives of each generation will be better than the last;

RECOGNIZING that continued, long-tenn economic growth is essential to the prosperity of the ASEAN people and is fundamental to sustainable development;

FURTHER RECOGNIZING that sustainable development is the framework that integrates economic, environmental and social goals in discourse and policies that enhance the quality of life for the people of ASEAN at present and in the future; [Jakarta
Declaration on Environment and Development, Jakarta, Indonesia, I8 September 19971

To sustain a healthy economy based on eco-efficiency that grows sufficiently to create meaningful jobs, reduce poverty, and provide the opportunity for a higher quality of life and a high quality of environment for all ASEAN people in an increasingly competitive world; [Par. 1, Jakarta Declaration on Environment and Development, Jakarta, Indonesia, IB Septetnber leeu
69

Working Group for an ASEAN Human Rights Mechanism

To create a widely held ethic of stewardship that strongly encourages individuals, communities, institutions and corporations to take full responsibility for the economic, environmental and social consequences of their actions, leading towards a vision of a
clean and green ASEAN with a safe, healthy and high quality of life for its peoples by the year 2020; [Par.6, Jakarta Declaration on Environment and Development, Jakarta, Indonesia, ]8
September 19971

REAFFIRMING the Declaration of ASEAN Concord signed in Bali, in February 1976 which noted that the elimination of poverty, hunger, disease and illiteracy is a primary concern, and resolving to intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of the living standards of the people in ASEAN;

RECALLING the decision of the Fifth ASEAN Summit Declaration of 1995 to improve the quality of life of the peoples of ASEAN by ensuring social justice, improving the quality of and access to social services and working towards the reduction of poverty; NOTING that the 1992 Rio Declaration on Environment and Development proclaimed, among others, that all states and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world;
ENDEAVOURING to further the commitment of the 1995 Copenhagen Declaration on Social Development and to implement its Plan of Action with respect to the goal of eradicating poverty in the world, through decisive actions and international cooperation, as an ethical, social, political and economic imperative of human kind;
XXX

RECALLING the principles of the 1996 Cairo International Conference On Population and Development which stated that all states and all people shall cooperate to eradicate poverty and attain sustainable development which can decrease the disparities in standard of living and better meet the needs of the majority of the people in the world.
PURSUANT to the 1996 Istanbul Declaration at the Second United Nations Conference of Human Settlements (Habitat II) of ensuring adequate habitable shelter for all, and providing adequate employment opportunities that can minimise rural-to-urban migration.

RECALLING that the 1996 Rome Declaration on World Food Security and the World Food Summit Plan of Action stated that poverty eradication is essential to improve access to food and that equitable access to staple food supplies should be ensured as povefty,
70

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

hunger and malnutrition are some of the principal causes of accelerated migration from rural to urban areas in developing countries.

xxx
Vision

The ASEAN Ministers on Rural Development and Poverty Eradication are committed toward eradicating poverty, with particular emphasis on promoting the development of progressive, prosperous, and self-reliant rural communities, and thus contribute towards creating a caring society in the ASEAN Member Countries.
XXX

Challenges Guided by the Vision, the Plan of Action will address the following challenges: socio-economic disparities between the rural and urban communities; socio-economic disparities among regions within each ASEAN Member Country; the mainstreaming of gender concems in the rural development process; the needs ofvulnerable and disadvantaged groups; unemployment and underemployment, low productivity, illiteracy, backwardness, inadequate economic opportunities, the increasing incidence of social problems, as well as lack of basic infrastructure and social amenities which continue to constrain rural development of most ASEAN countries; the impact of environmental degradation, natural and man-made disasters; internal migration in the Member Countries; and

viii. the impact of

[Ministerial understanding on ASEAN Cooperation


Subang Jaya, Malaysia, 23 October I 997J

globalisation and information technology in the rural areas. in Rural Development and Poverty Eradication,

The ASEAN Ministers On Rural Development and Poverty Eradication adopted the vision on eradicating poverty, with particular emphasis on promoting the development of
progressive, prosperous, and self-reliant rural communities, and thus contributing towards creating a caring society in the ASEAN Member Countries. Towards this end, the Meeting agreed to adopt the Framework for the ASEAN Plan of Action on Rural Development and Poverty Eradication with the objective of formulating strategies, implementing programmes and projects and carry out activities to realise the vision. [Par. 6, Joint Communique of the Inaugural Meeting of ASEAI{ Ministers on Rural Development and PoverQ
Eradication, Subang Jaya, Malaysia, 23 October 1 997J

The Meeting also adopted a Programme of Action to address the following priorities:

a)

developing an ASEAN capacity for monitoring and assessing poverty incidence and trends focusing on developing a common set of comparable socio-economic

71

Working Group for an ASEAN Human Rights Mechanism

b)

indicators documenting poverty, particularly in the rural areas, to facilitate the development of regional poverty reduction targets; and strengthening the capacity of national statistical agencies to develop management information systems for rural development and poverty eradication; facilitating regional networking among the rural development and poverty research institutes, non-governmental/people's organisations and private/business
sectors;

c)

of information, best practices, lessons learnt, research capacity and exchange of technical expertise points in areas such as managing internal population migration; micro-finance and rural credit; formal and non-formal education; small and medium industry development; household/family-based economic sector; transfer of relevant, high-productivity technologies, including information technology; promotion of innovative approaches to the delivery of pre-school education and child care; initiatives to curb the rising trend of social problems; safety nets for vulnerable and disadvantaged groups; community development and sustainable rural development policies, which include the protection of the environment; and rural infrastructure operation and
sharing
management;

d)
e)

developing regional training programmes on priority areas identified in the Programme of Action; developing a regional rural volunteer programme; and promoting greater public awareness on the need to accelerate rural development and poverty eradication. [Par.8, Joint Communique of the Inaugural Meeting of ASEAN
Ministers on Rnral Development and Poverty Eradication, Subang Jaya, Malaysia, 23 October

reeu

The Foundation shall also endeavour to contribute to the evolution of a development cooperation strategy that promotes mutual assistance, equitable economic development, and the alleviation of poverty. [Par. 2(b), Memorandum of (Jnderstanding on the Estabtishment of
the ASEAN Foundation, Kuala Lumpur,

Malaysia, I5 December

19971

We will create a stable, prosperous and highly competitive ASEAN Economic Region in which there is a free flow of goods, services and investments, a freer flow of capital, equitable economic development and reduced poverty and socio-economic disparities.
[ASEAN Vision 2020, Kuala Lumpur, Malaysia, 15 December 1997J

Use the ASEAN Foundation as one of the instruments to address issues of unequal economic development, poverty and socioeconomic disparities. [ASEAN Vision 2020, Kuata
Lumpur, Malaysia, l5 December 1997J

We envision a socially cohesive and caring ASEAN where hunger, malnutrition,


deprivation and poverty are no longer basic problems, where strong families as the basic units of society tend to their members particularly the children, youth, women and
72

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

elderly; and where the civil society is empowered and gives special attention to the disadvantaged, disabled and marginalized and where social justice and the rule of law
reign. [ASEAN
Vision 2020, Kuala Lumpur, Malaysia, I5 December 1997J

The Foreign Ministers expressed the belief that the international and regional financial institutions as well as friendly donor countries need to consider the over-all impact of structural adjustment measures, which are being implemented by the affected countries, on the underprivileged and vulnerable sectors of their societies. They urged these donor countries and financial institutions to implement the agreed commitments to enable the affected countries to continue their contributions in maintaining the stability of the region. [Par. 13, Joint Communique of the 3]st ASEAN Ministerial Meeting, Manila, Phitippines, 24-25
July
1998J

Considering the effects of globalization, the Foreign Ministers affirmed the assertion of ASEM II on the need to cooperate on such global issues as human resource development, including management education, the fight against poverty, food supply, improvement of community health, employment, protection of the environment and promotion of sustainable development, and the fight against drugs and intemational crime and promotion of the welfare of women and children. [Par. 45, Joint Communique oJ the 31" ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

The Foreign Ministers endorsed the vision of a community of caring societies that is able to respond to the needs and welfare of its people. In particular, the Foreign Ministers supported regional and national efforts within ASEAN that mitigate the social impact of the financial crisis prevailing in Southeast Asia. [Par. 47, Joint Communique of the 3 I st ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

Foreign Ministers affirmed efforts

to intensify programmes that enhance human

development, alleviate poverty, promote sustainable development, eradicate transnational crime, promote cultural cooperation, enhance information technology and information sharing, project ASEAN within and outside the region, and strengthen the institutions and mechanisms of ASEAN that support the reahzation of this vision. [Par. 48, Joint Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

They noted with satisfaction the progress in the implementation of the Plan of Action on Social Development with the following achievements: formulation of sectoral work programmes comprising of integrated projects and activities, development of projects to address the needs of the vulnerable and marginalized groups and the consideration of external funding sources and cost-sharing arrangements among member countries. fPar. 55, Joint Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 19981

73

Working Group for an ASEAN Human Rights Mechanism

Strategies for attenuating the effects of the cunent problems on the poorest sectors of the population, in particular in the fields of education, health, nutrition, and productive employment should be implemented rapidly in a spirit of a caring society. Preventive strategies should also be implemented in the held of environmental protection with a view to preserve and ensure the sustainable use of the natural resources of each country and of the region as a whole. At the same time, the achievements made in the nations of Southeast Asia in the fields of education, science and technology development must be preserved from erosion at a time when national budgets are faced with various constraints derived from the economic and financial situation affecting the region. [par. 13, Statement
on Peace in Soulheast Asia on the Eve of the Third Millenium, Jakarta, Indonesia, 12 September 1998J

In recognition of the need to address the current economic situation in the region, ASEAN shall implement initiatives to hasten economic recovery and address the social impact of the global economic and financial crisis. These measures reaffirm ASEAN commitments to closer regional integration and are directed at consolidating and strengthening the economic fundamentals of the Member Countries . [Ha Noi ptan of Action,
Ha Noi, Viet Nam, I5 December 1998J

To create a stable, prosperous and highly competitive ASEAN Economic Region in which there is a free flow of goods, services and investments, a freer flow of capital,
equitable economic development and reduced poverty and socio-economic disparities. [Part II, Ha Noi Plan o/'Action, Ha Noi, Viet Nam, I5 December 1998]

To narrow the gap in the level of development among Member States and to reduce poverty and socio-economic disparities in the region. [par. 2.1 1, Ha Noi Plan of Action, Ha Noi,
Viet Nam, l5 December l99BJ

Strive to mitigate the social impact of the regional hnancial and economic crisis. [par.
Ha Noi Plon o/'Action, Ha Noi, Viet Nam, I5 December 1998J

4.1,

Use the ASEAN Foundation to support activities and social development programmes airned at addressing issues of unequal economic development, poverty und socioeconomic disparities. [par. 4.3, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December t99BJ
Strengthen the education systems in Member Countries by 2001 so that all groups of people, including the disadvantaged, can have equal access to basic, general and higher education. [Par. 5.2, Ha Noi Plan of Action, Ha Noi, viet Nam, t 5 December t 99gJ

74

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Implement the ASEAN Work Programme on Informal Sector Development to provide opportunities for self-employment and entrepreneurship. [Par. 5.3, Ha Noi Plan of Action, Ha
Noi, Viet Nam, I5 December 1998/

We recognrze that the financial crisis has a social dimension, with the poor

and

vulnerable segments of our societies being the most adversely affected. In this regard, we will ensure that efforts to safeguard the interests of the poor form an integral part of our reform efforts. We also urge the intemational community to step up their technical and financial assistance in this area as well as ensure that the reforms in the international financial architecture include a social dimension to protect the poor. [Par. 8, Ha Noi Declaration of 1998, 6th ASEAN Summit, Ha Noi, Viet Nam, l6 December 1998J

We shall endeavour to narrow the gap in the levels of development among the Member Countries and reduce poverty and socio-economic disparities through greater subregional cooperation. [Par. ]5, Ha Noi Declaration oJ'1998,6th ASEAN Summit, Ha Noi, Viet Nam, 16
December 1998J

We recognise that the ultimate objective of economic development is to raise standards of living and to promote human development in all its dimensions, so as to enable the people of ASEAN to have the fullest opportunity to realise their potential. [rar.2], Ha Noi Declaration of 1998, 6'h ASEAN Summit Ha Noi, Viet Nam, I6 Decernber 1998J

The eradication of poverty shall be the ultimate goal of our strategies for recovery and growth, and the development of our rural areas a principal means for attaining it. We shall work closely together to eradicate poverty in and develop rural and remote areas as well as the less developed inter-state areas. [Par. 22, Ha Noi Declaration of 1998, 6't' ASEAN
Summit Ha Noi, Viet Nam, I6 December 1998J

The Ministers expressed their continued concern with the wide-ranging social impact of the financial and economic crisis in ASEAN, which had also adversely affected the labour and employment situation in the region. They reaffirmed the ASEAN Leaders' commitment stated at the Sixth ASEAN Summit to safeguard the interests of the poor. The Ministers emphasised the importance of employment creation as a strategy for poverty alleviation. [Par. 14, Joint Communique of the I3'h ASEAN Labour Meeting, Yangon,
Myanmar, 14-15 May 1999J

We reaffirmed ASEAN's policy of ensuring that the poor, the disadvantaged, and other vulnerable sectors of society, including women and children, are not harmed or neglected in the effort to promote economic growth. We stressed the crucial role of women in economic recovery programmes. It is important to focus on the social impact of the crisis

75

Working Group for an ASEAN Human Rights Mechanism

and to expand social programmes in times of

difficult!.

[Par. 3], Joint Communique of the

32''d

ASEAN Ministerial Meeting, Singapore, 23-24 July 19991

Strengthen social safety nets to lessen the impact of restructuring on the poor and most vulnerable segments of the population. In particular, we shall continue to pursue and support programs to improve the skills and productivity of our people and to ensure that the fruits of growth are more equitably distributed within our societies. [Par. ]2, Joint
Ministerial Statement of the Speciat ASEAN Finance Ministers Meeting, Manila, Philippines, 25 November t eegl

In social and human resources development, they agreed on the importance of social and human resources development for sustained growth of East Asia by alleviating economic and social disparities within and among East Asian countries. [Par. 6(a), Joint Statement on
East Asia Cooperation, Manila, Philippines, 28, November 19991

ii. Improving the entrepreneurial capacities of farmers, fishermen, cooperative leaders, rural women, rural youth and forestry workers in agribusiness and agroforestry
Strengthening institutional capacities in rural women and youth development, agricultural and fishery cooperatives development and human resources planning; iv. Establishing mechanisms to enable incorporation of gender issues in policy formulation and planning for human resources development. [Part III, Priority Area 4, Framework for Programme of Action of ASEAN Cooperation in Food, Agriarlture and Forestry (1994-

iii.

through training and exchange of visits;

eee)/

H umun Reso urces Development


The Meeting welcomed the decision of the ASEAN Ministers of Labour to focus efforts on human resources development as a contribution to the welfare of mankind, particularly on the betterment of the standard of life for the working man engaged in economic activities in the traditional rural sector and in the informal urban sector to the basic needs of human life. The Meeting urged that high priority be given to these programmes. [Par. 24, Joint Communique of the Eleventh ASEAN Ministerial Meeting, Pattaya,
Thailond, I4-16 June 1978J

Promote Health Manpower Development consistent with the needs of the ASEAN Countries. [Declaration of the ASEAN Health Ministers on Collaboration on Health, Manila, 24 July
I 9801

76

ASEAN and Human Rights: A Compilation of ASEAN Staiements on Human Rights

While emphasising ASEAN's effort to further strengthen intra-ASEAN cooperation, and reaffirming its resolve to utilise the appropriate existing mechanism and not to establish new institutions, the Foreign Ministers decided to implement the immediate programme of ASEAN-Pacific Human Resources Development. [Par. 64, Joint Communique of the
Eighteenth ASEAN Ministerial Meeting, Kuala Lumpttr,9 July 19851

The range of cooperation

will span planning, development, manpower training, efficiency and conservation, supply and disposal, where information exchange,
appopriate, in any of the following energy sub-activities:
XXX

(vii)

manpower development and safety programmes in various energy fields, including production, processing, handling, transport, andutilizatron' [Articte ](2),
Agreement on ASEAN Energy Cooperation, Manila, 24 June 19861

ASEAN functional cooperation shall promote increased awareness of ASEAN, wider involvement and increased participation and cooperation by the peoples of ASEAN, and
development of human resources . [Manila Declaration of 1987, Manila, I5 December 1987]

Asia Pacific Multilateral Human Resource Development Initiative

To foster human resource development activities in APEC economies in such areas as


development management and planning, business management, and industrial technology and training, particularly taking into account the serious shortage in ASEAN countries of planners and coordinators for national development policy as well as managers and engineers in private sector. In this regard, Ministers took positive note of the US initiative for an APEC partnership for education. [Work Projects (d), Joint Statement of the Asia-Paci/ic
Economic Cooperation Ministerial Meeting, Singapore, 29-31 July 1990J

HRD networks in economic development, business management and


Ministerial Meeting, Seoul, I2-14 November 1991J

industrial

technology, were established. [Par. 20(d) Joint Statement of the Asia-Pacific Economic Cooperation

The Ministers further noted that the economic success of nations would increasingly depend on the quality of their labour force. It is therefore important that workers in ASEAN continually upgrade their skills level to meet the challenges of a more competitive global environment. In this regard, the Ministers agreed that the "ASEAN Regional Project on Human Resources Development Planning" which was endorsed at

the 9th ASEAN Labour Ministers' Meeting, should focus on human resource
May 19941

development planning strategies with the view to enhance skills development of workers in ASEAN. [Par. ]2, Joint Communique of the l0't' ASEAN Labotrr Ministers Meeting, Singapore, I6-17

77

Working Group for an ASEAN Human Rights Mechanism

The Ministers discussed EU-ASEAN development cooperation, and notably

the

commitment of both sides to give priority to the alleviation of poverty, human resource development, health and family planning, the role of women, respect for human rights, environment and sustainable development, taking into account the individual ASEAN countries, needs. [Par. 16, Joint Declaration of the ]l'h ASEAN-EU Ministerial Meeting, Karlsnthe,
Germany, 22-23 September 1994J

ASEAN shall embark on new initiatives to achieve global competitiveness in agriculture and forestry while maintaining the sustainability of its resources. ASEAN shall increase the competitiveness of agriculture and forestry by increased application of science and technology, investment in human resource development as well as through greater liberalisation of trade in agriculture and forest products; [Par. 8(n), Bangkok Summit Declaration of 1995, 5'h ASEAN Summit, Bangkok, Thaitand, l4-l5 December 1995J

ASEAN shall upgrade its human resources by investing in building institutional capacities for education, training and research, science and technology and
technology transfer as well as strengthening the networking of HRD institutions' ASEAN shall raise awareness of ASEAN among its peoples, in particular the younger generation, and to instill in them a consciousness of the spirit and identity embodied in ASEAN, by harnessing all appropriate modes and technologies in the media and communications, education and through greater interaction among its peoples;
XXX

h.

ASEAN, committed to the total eradication of illiteracy, shall work towards developing better informed and educated societies, through cooperation in educational development on an inter-disciplinary basis and the provision of basic
education for all; ASEAN shall engage the support of the public, private, international and national organizations and agencies in community building through appropriate educational processes, in recognition of the crucial role of community education in sustainable development; [Par.9, Bangkok Summit Declaration of 1995, Bangkok, Thaitand, l5 December
r

e9sl

The cooperation shall accord priority to the sectors having the greatest potential for
development namely:
XXX

human resource development and support for training; [Par.3, Basic Framework ASEAN-Mekong Basin Development Cooperation, Kuala Lumpur, Malaysia, I7 June 19961

of

78

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Human Resource Development: Including incorporating health in all poverty alleviation efforts and strengthening health as an integral component of women development efforts. [Par. 2.8, Memorandum of (Jnderstanding between the Associalion of Southeast Asian Nations and the
World Health Organization, 26 February 19971

They called for the early launching and accelerated implementation of flagship projects in science and technology, human resources development and information technology development to meet the challenges of boosting industrial competitiveness, maintaining rapid industrial growth, and improving human welfare. [Par. 48, Joint Communique of the 30'h
ASEAN Ministerial Meeting, SubangJaya, Malaysia,24-25 July 19971

Thirdly, that the priority areas of concern are:


XXX

2. The promotion of human resource development in line with the rapid economic growth of the region; fKuala Lumpur Agenda on ASEAN Youth Development, Kuala Lumptrr, Malaysia, l7 November 1997J

Strengthen the existing ASEAN Training Centers for human-resource Development in related fields on narcotics law enforcement, preventive education, treatment and rehabilitation, and research. [Par. 9, ASEAN Foreign Ministers Joint Declaration .for a Drurg-Free ASEAN, Manila, Philippines, 25 July 1998J

Accelerate the free flow of professional and other services in the region. [Par.2.3.1.d, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998J

Promote Capacity Building and Human Resources Development. [Par. 2.4.6, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998J

Develop and strengthen agricultural rural communities through enhanced human resource development. [Par. 2.4.6.b, Ha Noi Plan of Action, Ha NoL Viet Nam, I5 December 1998J

Implement the ASEAN Work Programme on Skills Training for Out-of-School Youth by 2004, to strengthen their capacity to obtain gainful employment. [Par.5.4, Ha Noi Plan of
Action, Ha Noi, Viet Nam, I5 December 19981

79

Working Group for an ASEAN Human Rights Mechanism

Strengthen regional networking of HRD centers of excellence and develop the regional capacity for HRD planning and labour market monitoring. [Par. 5.5, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 19981

Establish and strengthen networks in education and training, particularly those promoting occupational safety and health, skills training for out-of-school youth, distance education by 2004. [Par. 5.6, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998J

Intensify efforts of the ASEAN Network for Women in Skills Training to enhance the capacity of disadvantaged women to enter the work force. [Par. 5.7, Ha Noi Plan of Action, Ha
Noi, Viet Nam, I5 December
1998J

Begin to implement the ASEAN Science and Technology Human Resource Programme addressing the needs of industry and business by 2000. [Par. 5.8, Ha Noi Plan of Action, Ha
Noi, Viet Nam, I5 December
1998J

The maintenance and creation of employment shall be a primary consideration tn our strategies for economic recovery and growth. An essential part of this shall be a concerted and cooperative effort to foster SMEs and to train our people for the demands and opportunities of the industries of today and tomorrow. [Par. ]9, Ha Noi Declaration of
1998, Ha

Noi, Viet Nam, I6 December 1998J

We reaffirmed ASEAN's policy of ensuring that the poor, the disadvantaged, and other vulnerable sectors of society, including women and children, are not harmed or neglected in the effort to promote economic growth. We stressed the crucial role of women in economic recovery programmes. It is important to focus on the social impact of the crisis and to expand social programmes in times of difficulty. [Par. 31, Joint Commtmique of the 32"'l
ASEAN Ministerial Meeting, Singapore, 23-24 July 1999J

CULTTIRE

To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community South-East Asian
Nations; [Par. I,
The ASEAN

Declaration (Bangkok Declaration), Bangkok,

August 1967J

Nothing in this Agreement shall prevent any Contracting State, from taking action and adopting measures which it considers necessary for the protection of its national security,
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

the protection of public morality, the protection of human, animal and plant life and health, and the protection of articles of artistic, historic and archaeological value. [Artic'le
16, Agreement on ASEAI{ Preferential Trading Arrangements, Manila, 24 February 1977J

The Foreign Ministers agreed to establish an ASEAN Cultural Fund for the promotion of cultural development in the regron. fPar. 20, Joint Communique of the I l'h ASEAI{ Ministerial
Meeting, Pattaya, Thailand, l4-16 June 1978J

information, the Meeting expressed satisfaction on the successful implementation of several projects, including the initial six projects under the Cultural Fund which have resulted in increased cultural interactions and awareness in the region. [Par.45, Joint Communique of the l3'h ASEAN Ministerial Meeting, Kuala Lumpur, 25-26 June
r

In the field of culture and

e80J

The Meeting reviewed the developments in ASEAN regional cooperation and welcomed the efforts to intensify closer collaboration in the economic, social and cultural fields. The Meeting reaffirmed that these collective endeavours would further enhance the economic well-being of the region and its people. [Par. 37, Joint Communique of the ]4tt'ASEAN Ministerial Meeting, Manila, l7-18 June I98lJ

The Ministers recognized the importance of the cultural ties between the peoples of the two regions and agreed that there was a need to promote and enhance these ties between ASEAN and the Community. [Par. 23, Joint Declaration of the Fourth ASEAI''\-EC Ministerial
Meeting, Bangkok, 25 March 19831

The Foreign Ministers noted with satisfaction the continued intensive cooperation in the socio-cultural and scientific fields. The number of projects implemented by the ASEAN Committees on Culture and Information, Social Development, and Science and Technology accounted for a majority of cooperation activities in ASEAN. The activities involved a wide spectrum of ASEAN participants covering youth and women, researchers, scientists as well as social, cultural, media, educational and health workers. These activities have further promoted ASEAN awareness and a sense of regional identity among the ASEAN peoples. [Par. 37, Joint Communique of the 20'/' ASEAN Ministerial
Meeting, Singapore, I 5-l
6

June I 9871

Member states shall, through education, institutional linkages, and improved flow of information, seek to enhance awareness of ASEAN, inculcate in the people the common socio-economic values and heritage, and promote mutual understanding of the culture, traditions and ways of life of their nations. [Par. 17, Manila Declaration of 1987, Manila, ]5
December 1987J

8t

Working Group for an ASEAN Human Rights Mechanism

public morality, human and plant life, health,


December 1987J

Exceptions to this Memorandum shall be allowed for the protection of national security, and articles of artistic, historic and archaeological value as provided for under Article XX of the GATT. [Par. 20, Memorandum of Understanding on Standstill and Rollback on Non-Tariff Barriers among ASEAN Countries, Manila, l5

The Ministers agreed to further strengthen EC-ASEAN cultural ties. In this context, emphasis should be given both to the cooperation between universities and other institutions of higher education and the cooperation in the field of sciences in general.
IPar.
4, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Diisseldorf, 2-3

May

1988J

The press and the electronic media in ASEAN have a role and responsibility to continue promoting greater awareness and understanding among the peoples of ASEAN of their history, traditions, ideals and values, and continue to enhance positive relationships among ASEAN member countries. [Par. c, Declaration of ASEAN Ministers Responsible for
Infbrmation, Jakarta, 25 May 19891

The preservation of ASEAN cultural and environmental heritage be an integral part of ASEAN tourism development. [Par. 9.3, Joint Communique of the Ninth Meeting of the ASEAN Heads o/'National Tourism Organization, Bandung, Indonesia, I3 January l99ll

Towards this end, new ways to strengthen information networking within and outside the region should also explore ways of studying and sharing experiences in coping with the impact of this technology on the indigenous traditions, cultures and values of ASEAN. [Par.9.4, Joint Communique of the Second Conference of ASEAN Ministers Responsiblefor Information, Kuala Lumpur, l-2 August 199lJ

The ASEAN member countries shall continue to enhance awareness of ASEAN among the people in the region through the expansion of ASEAN Studies as part of Southeast Asian Studies in the school and university curricula and the introduction of ASEAN student exchange programmes at the secondary and tertiary levels of education; [par. 7,
Singapore Declaration o/'1992, Singapore, 28 January 19921

Nothing in this Agreement shall prevent any Member State from taking action and adopting measures which it considers necessary for the protection of its national security, the protection of public morals, the protection of human, animal or plant life and health, and the protection of articles of artistic, historic and archaeological value. [Articte 12,
Franteu'ork Agreement on Enhancing ASEAN Economic Cooperation, Singapore, 28 January 19921

ASEAN shall seek to conserve, preserve and promote the cultural and artistic heritage
82

as

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

an integral part of life and spirit in ASEAN. Towards this end, ASEAN shall seek to foster a dynamic environment conducive to the creative expressions of indigenous, traditional, modern and contemporary cultural forms and values while recognising the commonalities and differences in traditions as great sources of artistic creativity; [par.
9(d), Bangkok Summit Declaration
r 9951

of

1995, sth ASEAN Summit, Bangkok, Thaitand, I4-15 December

Declaration of 1995, sth ASEAN Summit, Bangkok, Thailand, I4-15 December t995J

ASEAN shall continue to strengthen the family as a foundation for a strong, caring and cohesive society, capable of meeting new challenges arising from rapid social and economic changes, by promoting strong family values and bonds and providing for safety nets for families to help cushion the impact of such changes; [Par. 9O, Bangkok Summit

fO]rganize and support activities to promote education, training (including science and technology), health and cultural life; [Par. 3(o), Memorandum of (Jnderstanding on the
Establishment of the ASEAN Foundation, Kuala Lumpur, Malaysia, I5 December 1997J

We envision the entire Southeast Asia to be, by 2020, an ASEAN community conscious of its ties of history, aware of its cultural heritage and bound by a common regional identity. [Par. 22, ASEAN Vision 2020, Kuala Lumptrr, Malaysia, t5 December 1997J

They decided to further promote direct people-to-people contacts not only at the level of policy makers but also among other sectors, in particular among the youth and intellectuals through exchange programmes. They recognised the importance of preserving and developing their respective rich traditions and cultures and promoting deeper mutual understanding through cultural exchange and cooperation. In this regard, they welcomed the objectives of and the progress made by the Multinational Cultural Mission and looked forward to the proposals to be made by the Mission. [Par. 3, Joint
Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the Prime Minister of Japan, Kuala Lumpur, Malaysia, l6 December 19971

On the occasion of the Second ASEAN Informal Summit, stressed the importance of developing a shared perspective on the prospects of East Asia for the twenty-first century, and highlighted the common objectives of enhanced regional security, heightened economic conltdence and cooperation, and deepened cultural exchanges. [Par. 6, Joint
Communiqtre of the

3l'' ASEAN Ministerial Meeting, Manila, Philippines,

24-25 Juty I99BJ

Agreement for the Promotion of Cooperation in Mass Media and Cultural Activities, signed in Cameron Highlands, Malaysia, on 17 December 1969, [Protocot /br the Accession of the Kingdom of Cambodia to ASEAN Agreements, Ha Noi, Viet Nam, 30 April 1999J

83

Working Group for an ASEAN Human Rights Mechanism

In the cultural and information area, they agreed to strengthen regional cooperation in projecting an Asian point of view to the rest of the world and in intensifying efforts in enhancing people-to-people contacts and in promoting cultural understanding, goodwill
and peace, focusing on the strengths and virtues of East Asian cultures and building upon

the recognition that the region partly derives its strength from its diversity; [Par. 6(a), Joint Staternent on Eost A.sict Cooperution, 3''t AsEAMnfbrmal Stntmil, Manila, Phitippines, 27-28 November
I eeeJ

E]VVIRONMENT
DO HEREBY DECLARE their agreement to strengthen regional cooperation and
collaboration in the field of environment by adopting the following objective and policy guidelines: Objective:

To ensure the protection of the ASEAN environment and the sustainability of its natural resources so that it can sustain continued development with the aim of eradicating poverty and attaining the highest possible quality of life for the people of the ASEAN countries.
Policy Guidelines:
Foster a common awareness among the people of the ASEAN countries of the biological, physical and social environment and its vital significance for sustained development to proceed apace; [Par. I, Manila Declaration on the ASEAN Environment, Manila, Philippines, 30 April l98ll

The Meeting expressed its appreciation to the ASEAN Economic Ministers on Energy Cooperation for their role in promoting cooperative endeavours in conventional and nonconventional energy. It welcomed the progress made in the area of non-conventional energy such as solar, biogas, geothermal, wind, dendrothermal, and microhydro energy. Cooperation in the field of conventional energy has been identified as coal and power utilities. [Par. 44, Joint Communique of the ]4'h ASEAN Ministerial Meeting, Manila, 17-18 June I98tJ

The Meeting welcomed the adoption of the ASEAN Declaration on the Environment agreed in Manila on 30 April 1981 during the First ASEAN Ministerial Meeting on the Environment. It commended the adoption by the Ministers of Environment of the ASEAN Environmental Programme covering the following priority areas: marine environment, environmental management including environmental impact assessment, nature conservation and terrestrial ecosystems, industry and environment, environmental
84

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

education and training and environmental information. [Par.46, Joint Communique of the l4't'
ASEAN Ministerial Meeting, Manila, I7-18 June

I98Il

RECOGNIZING the need to continue and accelerate national development in order to promote economic and social well-being of the people;

FURTHER RECOGNIZING that sustained development is dependent upon the continuous availability of natural resources; [Manila Declaration on the ASEAN Environment,
Manila, Philippines, 30 April I98lJ

ASEAN COMMON FORESTRY POLICY


Recognizing the importance of a common policy in developing the forestry sector in ASEAN Countries as a strong basis for the long term and effective sound development of that sector to improve the lives of the rural communities, maintain and create renewable resources for industrial development and sustain environmental amenity and ecological stability, the Ministers agree to adopt a common Forestry Policy pertaining to
the:

Conservation, Reforestation and Management of Foreign Resources: 1. establishmenticonsolidation of adequate permanent forest estates for protection, production, conservation/recreation and other purposes; 2. management of the forest resources based on the principles of sustained yield and appropriate/optimal land use; 3. reforestation and forest development consistent with the objectives of forest management and the concept of sustained yield.

Utilization of Forest Resources: Production, Processing and Marketing utilization of the forest resources based on technically, environmentally and socio-economically sound land and resource-use strategies, plans and
proglammes; rationahzation of forest industries development based on maximum possible utilization of materials removed from the forest and highest possible valueadded processing; marketing of wood products based on concerted action and standardization of nomenclature, grading rules and specification; application of appropriate technology based on optimal inputs of manpower, knowledge, capital and other relevant productive resources; development of greater domestic processing of timber through the scaling down of log exportation and generating the production of more value-added products for exports
Research and Development

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Working Group for an ASEAN Human Rights Mechanism

Promotion of research and development in all relevant areas of forest resources conservation, management and development as well as in timber production and marketing. [Jakarta Consensus on ASEAN Tropical Forestry of the Third Meeting of the ASEAN
Economic Ministers on Agriculture and Forestry, Jakarta, I3 August

l98ll

COGNIZANT of forestry's significant contribution to industrial development and socioeconomic welfare, forests' critical importance to conservation of soil, water, gennplasm and the environment, and the similarity of the forest resource base with common problems in the development of the forestry sector; [Par. 4, Jakarta Consensus on ASEAN
Tropical Forestry of the Third Meeting of the ASEAN Economic Ministers on Agricultural and Forestry,
Jakarta, Indonesia, l3 August

I98ll

FURTHER NOTING that the ASEAN countries, during the past decade, have accomplished the establishment of environmental protection agencies, and that these agencies have now accomplished the important step in defining their missions, in gaining an understanding of how environment protection can feasibly be accomplished within the context of the socio-cultural and economic patterns of the region, in initiating programmes aimed at implementing feasible protection measures, and in developing national capabilities in environmental technology; [Bangkok Declaration on the ASEAN
Environment, Bangkok 29 November 19841

OBJECTIVE

Declaration on the ASEAN Environment, Bangkok, 29 November 19841

integrated approach entailing advance or forward planning in the environmentally related activities with a view to incorporating environmental dimension in development planning right at the base level in order to achieve sustained development and long-term conservation of environmental assets and at the same time improving the quality of life for all. [Bangkok

To implement the ASEAN DEVELOPMENT STRATEGY through an

To achieve the objective noted above, the following policy guidelines shall be adopted for application through-out the ASEAN region:

(l)

With respect to environmental management: Foster the development of macro economic cum-environmental development plans which can be accommodated by the environmental carrying capacity of
the region. Continue to strengthen the use of Environmental Impact Assessment (EIA) process and extended Cost-Benefit Analysis for minimizing the adverse effects and for ensuring proper consideration of environmental values in all projects and programmes under government that are likely to produce significant environmental impact and its gradual extension to the private sector including industry.

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Develop a system of procedures for conducting EIAs and for therr revlew which can be practically utilized within the ASEAN region. Continue and increase efforts for establishing environmental units in the planning divisions of major project implementing agencies to ensure that environmental consciousness permeates government departments that development policy and planning in all sectors reflect systematic consideration of the environment. Establish techniques for quantifying the impact of development projects on environment both favourable and unfavourable. Evolve criteria for augmentation of renewable resources and economical use of non-renewable resources. Prepare an optimal and land use pattern and zoning plan. (2) With respect to nature conservation: Develop new and practicable approaches for preserving forests wildlife, and other ecological systems in the face of continuing population pressure. (3) With respect to marine environment: Develop practicable methods for the management of pollution discharges so that economic development of coastal resources may proceed in coexistence with preservation of the quality of coastal beaches and resorts and the marine environment. (4) With respect to industry: Adopt practicable methods for ensuring reasonable control of waste discharges from the earliest stages of project formulation. Wherever practicable adopt low waste and non-waste technology and more effective re-use and recycling of wastes in production. Develop a Toxic and Hazardous Waste Control Programme and stimulate efforts by government agencies and industry to develop suitable systems for control.
XXX

(5) With respect to environmental management: (i) Foster the development of macro economic cum-environmental development plans which can be accomodated by the environmental carrying capacity of
the region.
XXX
(v)

Establish techniques for quantifying the impact of development projects on environment both favourable and unfavourable. [Policy Guidelines, Bangkok
Declaration on the ASEAlrl Environment, Bangkok, Thailand, 29 November l9B4l

of the Second ASEAN Ministerial Meeting on the Environment was an agreement to sign the "ASEAN Declaration on Heritage Parks and [T]he Meeting agreed to sign the Bangkok Declaration on the ASEAN Environment with the objective of achieving improvements in development planning and implementation,
Among the major decisions
87

Working Group for an ASEAN Human Rights Mechanism

so that environmental dimensions

will

be recognized and made to be an integral aspect

of

project development planning and implementation in order that continuing development can proceed to meet pressing economic needs while at the same time, conserving natural resources that will be permanently made available to support continuing development and maintain an environment which will permit an improved quality of life. [Par. 8, Joint
Communique of the Second Ministerial Meeting on the Environment, Bangkok, Thailand, 29-30 November
I 9841

The Meeting resolved to adopt policy guidelines for implementation mandating the ASEAN Experts Group on the Environment to implement fundable environmental projects of common concern, to forge a common stand in dealing with global environmental matters, to ensure wider involvement of non-governmental organizations, the business communities, universities, professional associations in environmental endeavours. [Par. 10, Joint Communique of the Second Ministerial Meeting on the Environment,
Bangkok, 29-30 November I 984J

CONSCIOUS also that the inter-relationship between conservation and socio-economic development implies both that conservation is necessary to ensure sustainability of development, and that socio economic development is necessary for the achievement of conservation on a lasting basis; [Agreement on the Conservation of Nature and Natural Resources, Kuala Ltrrnpur, Malaysia, 9 July 1985J

The Contracting Parties, within the framework of their respective national laws,
undertake to adopt singly, or where necessary and appropriate through concerted action, the measures necessary to maintain essential ecological process and life-support systems, to preserve genetic diversity, and to ensure the sustainable utilization of harvested natural resources under their jurisdiction in accordance with scientific principles and with a view to attaining the goal of sustainable development.

To this end, they shall develop national conservation strategies, and shall co-ordinate such strategies within the framework of a conservation strategy for the Region. [Article I,
Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur,9

July

19851

The Contracting Parties shall take all necessary measures, within the framework of their respective national laws, to ensure that conservation and management of natural resources are treated as an integral part of development planning at all stages and at all levels.

To that effect they shall, in the formulation of all development plans, give as full
consideration to ecological factors as to economic and social ones. [Article 2, Agreement the Conservalion of'Nature and Natural Resources, Kuala Lumpur,9 July 1985J
on

88

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Contracting Parties shall, wherever possible, maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the conservation of all species under their jurisdiction and control.

To that end, they shall adopt appropriate measures to conserve animal and plant species whether terrestrial, marine and freshwater, and more specifically (a) (b) (c) (d) (e)
conserve natural, terrestrial , freshwater and coastal or marine habitats; ensure sustainable use of harvested species; protect endangered species; protect endemic species; and take all measures in their power to prevent the extinction of any species
species.

or sub-

In order to fulfill the aims of the preceding paragraph of this Article the Contracting
Parties shall in particular endeavour to:

(a) (b) (c) (d)

create and maintain protected areas; regulate the taking of species and prohibit unselective taking methods; regulate and, where necessary, prohibit the introduction of exotic species;

promote and establish gene banks and other documented collections of animal and plant genetic resources. [Article 3, Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur, 9 July 1985J

The Contracting Parties shall pay special attention to harvested species, and, to that
effect, shall endeavour to:

Develop, adopt and implement management plans


scientific studies and aiming at:

for those species

based on

preventing decrease in the size of any harvested population to levels below those which ensure its stable recruitment and the stable recruitment of those species which are dependent upon, or related to them; maintaining the ecological relationship between harvested, dependent and related populations of living resources of the ecosystem considered; restoring depleted populations to at least the levels referred to in sub-paragraph (a) of this paragraph; preventing changes or minimizing risk of changes in the ecosystem considered which are not reversible over a reasonable period of time.

Take the appropriate and necessary legislative and administrative measures on harvesting activities in the light of their natural interests whereby (a) such activities must conform to the management plans referred to above; (b) the conduct of such activities is controlled by a permit system;
89

Working Group for an ASEAN Human Rights Mechanism

(c) all indiscriminate means of taking and the use of all means capable of causing local extinction of, or serious disturbance to, populations of a species of related species are
prohibited;

(d) such activities are prohibited or strictly regulated at certain periods, seasons, or places of importance in the life cycle of the species; (e) such activities may be regulated more strictly, temporarily or locally in order to assist restoration of population levels or counterbalance any threat caused by special
circumstances; measures, such as restocking, are provided for whenever the conservation status of species so warrants; (g) trade and possession of specimens or products of specimens are regulated whenever such regulations meaningfully contribute to the implementation of the harvesting regulations [Article 4, Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur, 9 July 19851

(f) special

The Contracting Parties shall, in view of the role of vegetation and forest cover in the functioning of natural ecosystems, take all necessary measures to ensure the conservation of the vegetation cover and in particular of the forest cover on lands under their jurisdiction. [Articte 6(t), Agreement on the Conservation of Nature and Natural Resorrces,
Kuala Lumptrr,
9

July

1985J

The Contracting Parties shall, in view of the role of soil in the functioning of natural ecosystems, take measures, whenever possible towards soil conservation, improvement and rehabilitation; they shall in particular, endeavour to take steps to prevent soil erosion and other forms of degradation, and promote measures which safeguard the processes of organic decomposition and thereby its continuing fertility. [Articte 7(t), Agreement on the
Conservalion o/'Nature and Natural Resources, Kuala Ltmpur, g July 1985J

The Contracting Parties shall, in view of the role of water in the functioning of natural ecosystems, take all appropriate measures towards the conservation of their underground and surface water resources. [Articte 8(l), Agreement on the Conservation of Nature and l,{afural
Resources, Kuala Lumpur, 9

July 1985]

The Contracting Parties shall, in view of the role of air in the functioning of natural ecosystems, endeavour to take all appropriate measures towards air quality management compatible with sustainable development. [Article 9, Agreement on the Consewation of Nature
and Natural Resources, Kuala Lumpur, g

July

19851

The Contracting Parties, with a view to maintaining the proper functioning of ecological processes, undeftake, wherever possible, to prevent, reduce and control degradation of the natural environment. [Article 10, Agreement on the Conservation of Nature and Nattral Resources, Kuala Lumpur,9 July 19851
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Contracting Parties, recognizing the adverse effect that polluting discharges or emissions may have on natural processes and the functioning of natural ecosystems as well as on each of the individual ecosystem components, especially animal and plant species, shall endeavour to prevent, reduce and control such discharges, emissions or
applications. [Articte
Lumpur, 9 July 19851

ll,

Agreement on the Conservation of ],lahrre and Nahrral Resources, Kuala

possible to ecological factors as to economic and social ones. In order to achieve optimum sustainable land use, they undertake to base their land use plans as far as possible on the ecological capacity of the land. fArticte l2(t), Agreement on the Conservation o/'
Nature and Natural Resources, Kuala Lumpur, 9 July 19851

in the implementation of their development planning, give particular attention to the national allocation of land usage. They shall endeavour to take the necessary measures to ensure the integration of natural resource conservation into the land use planning process and shall, in the preparation and implementation of specific land use plans at-a1l levels, give as full ctnsideration as

The Contracting Parties shall, wherever possible

The Contracting Parties shall as appropriate establish, in areas under their jurisdiction, terrestrial, freshwater, coastal or marine protected areas. [Articte I3(l), Agreement on the
Conservation of Nature and Natural Resources, Kuala Lumpur, g Juty 1985J

The Contracting Parties undertake that proposals for any activity which may significantly affect the natural environment shall as far as possible be subjected to an assessment of their consequences before they are adopted, they shall take into consideration the results of this assessment in their decision-making process. [Articte I4(t), Agreement on the Conservation of I{anre and Natural Resources, Kuala Lumpur, g July 1985J

The Contracting Parties shall individually or in co-operation with other Contracting Parties or appropriate international organizattons, promote and, whenever possible, support scientific and technical programmes of relevance to the conservation and management of natural resources, including monitoring, research, the exchange of technical information and the evaluation of results. [Articte 15, Agreement on the Consen,otion
of Nature and Natural Resources, Kuala Lumpur, g Jutv I9B5J

Agreement on the Conservation of lttrature and Natural Resources, Kuala Lumpur, g Jul.t, I985J

The Contracting Parties shall endeavour to promote adequate coverage of conservation and management of natural resources in education programmes at all levels. [Article I6(t),

91

Working Group for an ASEAN Human Rights Mechanism

Contracting Parties have in accordance with generally accepted principles of international law the responsibility of ensuring that activities under their jurisdiction or control do not cause damage to the environment or the natural resources under the jurisdiction of other Contracting Parties or of areas beyond the limits of national jurisdiction. [Article 20(1), Agreement on the Conservation of Nature and Natural Resolrrces, Kuala Lumpur, 9 Jnly 1985J

RECOGNIZING that these development processes can only availability of natural resources is similarly sustained,

be sustained if

the

MINDFUL that

it

utilizing our natural resources to meet the needs of the present

generation, the ability of future generations to meet their needs should not be imperiled,

CONSCIOUS that the sustainability of development requires that development processes and environmental management be conducted in an integrated manner; [Jakarta Resolution
on Strstainable Development, Jakarta, 30 October 1987J

environment, ASEAN shall cooperate in promoting the principle of sustainable development and systematically integrating it into all aspects of development and shall focus on the need for policy guidelines to protect ASEAN's common resources and environment. [Par. 20, Manila Declaration of 1987, Manila, I5 December 1987J

In the area of

They also welcomed the creation of the ASEAN Senior Officials on the Environment as an important step designed to address environmental issues and sustainable development. fPar. 41, Joint Communique of the 22nd ASEAN Ministerial Meeting, Bandar Seri Begawan, Brunei
Danrssalam, 3-4 July 1989J

The Ministers agreed that to ensure a more integrated approach to environmental and development problems, developing countries' ability to respond to environmental concerns must be strengthened. In this context, they agreed that environment concerns should be a major issue but should not be used to introduce a new form of conditionality in aid and development financing. The EC Ministers also agreed to consider assisting the upgrading of ASEAN's facilities, capabilities and expertise in the areas of management of natural resources and environment monitoring through technical and financial assistance. [Par. 82, Joint Declaration of the Eighth ASEAN-EC Ministerial Meeting, Ktrching,
Malaysia, I6-17 February 1990J

To develop and formulate a common ASEAN position to be presented to the Ministerial Level Conference on the Environment for Asia and the Pacific and later to the United Nations Conference on Environment and Development in 1992, including:-

a.
92

affirming ASEAN's commitment to the pursuit of sustainable development,

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

b.

stressing the need to strengthen regional and international cooperation and proposing the principles upon which such cooperation should be based, c. emphasizing the importance of a global environmental agenda which reflects the priorities and concems of all countries, d. calling attention to the patterns of intemational relations that inhibit the implementation of national environmental efforts in developing countries and their participation in global environmental efforts, reiterating the urgency for a supportive and predictable intemational economic environment which promotes economic growth and development of all countries, [Par. 4, The Kuala Lumpur Accord on Environment and Development issued by The ASEAN Ministers for the Environment at the Fourth ASEAN Meeling of Ministers for the Environment,
Kuala Lumpttr, Malaysia, I9 June 1990J

To initiate efforts leading towards concrete


management, including:

steps pertaining

to

environmental

the formulation of an ASEAN strategy for sustainable development and a


corresponding action programme; the harmonisation of environmental quality standards, the harmonisation of transboundary pollution prevention and abatement practices, the undertaking of research and development and the promotion of the use of clean technologies. [The Kuala Lumpur Accord on Environment and Development issued by the ASEAN Ministers for the Environment at the Fourth ASEAN Meeling of Ministers for the Environment, Kuala
Lumpur, Malaysia, I9 June 1990J

To initiate efforts leading towards


management, including:

concrete steps pertaining

to

natural resource

the harmonisation of approaches in natural resource assessment, the development ofjoint natural resource management programmes,

the development and harmonisation of procedures aimed at obtaining a better reflection of the state of natural wealth in the context of the System of National
Accounts. [The krala Lumpur Accord on Environment and Development issued by the ASEAN Ministers for the Environment al lhe Fourth ASEAN Meeting of Ministers for the Environment, Kuala
Lumpur, Malaysia, I9 June 1990J

The Foreign Ministers reiterated that environment and development are interrelated and mutually reinforcing. Economic development is as much an inherent right of the people as it is a pressing responsibility for govemments in developing countries. The Ministers agreed that the measures for the protection of the environment should support economic growth and sustainable development. [Par. 39, Joint Communique of the 24't' ASEAII Ministerial
Meeting, Kuala Lumpur, Malavsia, 19-20 July 1991J

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Working Group for an ASEAN Human Rights Mechanism

The concept

Joint Communique of the 24'h ASEAN Ministerial Meetiig, Kuala Ltrmpur, Malaysia, I9-20 Juty

equitable sharing of responsibilities and the ability of developing countries to respond to environmental challenges should be taken into account. [par. 40,

of

I99ll

The Ministers underlined the importance of the conservation and sustainable use of the world's forest. They agreed that specific programmes and projects on sustainable forest management and conservation are important and desirable and should take into account the development needs of developing countries. [Par.5t, Joint Declaration of the Ninth ECASEAN Ministerial Meeting, Luxembourg,30-31 May I99lJ

The Ministers reaff,trmed the importance of environment and sustainable development, both for the present and future generations. They reiterated that environment and sustainable development were mutually and closely interrelated . [par. 6], Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May l99lJ

in environmental and developmental issues. Both sides reiterated that environmental and developmental problems whether local, regional or global must be addressed urgently and on the basis of concerted action and equitably shared responsibility of all nations, taking into account the capabilities of each, in order to achieve sustainable development and continued economic growth. [Par. 62, Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

The Ministers fuither recognized the growing importance of cooperation

Lumpur, Malaysia, l9-20 July

environmental protection and human rights to development and commercial cooperation. They also stressed that these issues should not be used as conditionality for aid and development financing. [par. 59, Joint Communique of the 24'h ASEAN Ministerial Meeting, Kuala

The Ministers noted with concem the increasing tendencies to link the issues of

l99l/

Member States shall enhance cooperation in the field of energy, including energy planning, exchange of information, transfer of technology, researCh and deuelopmeii, manpower training, conservation and efficiency, and the exploration, production and supply of energy resources. [Articte 2(B)(3), Framework Agreement on Enhancing ASEAN Economic
Cooperation, Singapore, 28 January 1992J

Economic Cooperation, Singapore, 28 January 1992J

Member States agree to enhance technical joint cooperation to better manage, conserve, develop and market forest resources. [Article 2(D)(2), Framework Agreement on Enhancing ASEAN

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers maintained that environmental and human rights concerns should not be made as conditionalities in economic and development cooperation. They noted that basic human rights, while universal in character, are governed by the distinct culture and history of, and socio-economic conditions in each country and that their expression and application in the national context are within the competence and responsibility of each country. [Par. ]8, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Phitippines,
21-22 July 1992J

The Foreign Ministers reiterated that environment and development are mutually interrelated and mutually reinforcing. The right to development is a fundamental right of
all peoples and measures for the protection of the environment should support economic growth and sustainable development. The Foreign Ministers reaffirmed that ASEAN should strengthen joint actions in countering the anti-tropical timber campaigns in the major developed countries. [Par. 36, Joint Communique of the 25'h ASEAN Ministerial Meeting,
Manila, Philippines, 2l-22 July 19921

The Foreign Ministers welcomed the convening of the United Nations Conference on Environment and Development held in Rio de Janeiro on3-14 June 1992 and viewed the Earth Summit not as an end in itself but as a new beginning for a global partnership in attaining sustainable development in both developed and developing countries. In this context, it is imperative that the developed countries and the multilateral financial institutions implement the commitments made in Rio by granting new and additional financial resources and environmentally-sound technologies to the developing countries.
[Par.
37, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Phitippines, 2l-22 July 1992J

The Foreign Ministers endorsed the need to protect and preserve the environment while sustaining long-term economic growth. Developed nations and multilateral financial institutions need to implement the commitments made at the IIN Conference on Environment and Development held in Rio de Janeiro in June 1992 by granting new and additional financial resources and transferring environmentally sound technologies to the developing countries. Environmental issues should not become a cover for protectionism that impeded legitimate trade. [Par. 22, Joint Communique of the 26'h ASEAN Ministerial Meeting,
Singapore, 23-24 July 1993J

CONSIDERING that forests in ASEAN countries represent 620/o of the total land area of
the region;

SUBSCRIBING to principle 2l of the Stockholm Declaration: "states have in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of
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Working Group for an ASEAN Human Rights Mechanism

national jurisdiction". JASEAN Statement on Forestry of the I5'h Meeting of the ASEAN Ministers on Agriulture and Forestry, Bandar Seri Begawan, Brunei Darussalam, 28-30 November 1993/

URGE the United Nations Commission on Sustainable Development to undertake all necessary preparations and consultations to ensure a substantive and fruitful review of forestry and related matters at its Session in 1995, incorporating, inter alia;
review of the implementation of the LJNCED Forest principles; planning for the effective implementation of chapter 11 of Agenda 21 based on the four programme areas identified; review of measures and initiatives directly affecting forestry which are being pursued in other chapters of Agenda 2l as well as under the Convention on Biological Diversity, the Framework Convention on Climate Change and the proposed Convention on Desertification being negotiated; review of the roles and achievements of existing international arrangements, organisations and institutions on forestry with the view to planning an efficient and effective international framework for global forestry; IASEAN Statement on Forestry of the l5't' Meeting of the ASEAN Ministers on Agriculture and Forestry, Bandar Seri Begawan, Bnrnei
Dantssalam, 28-30 November 1993J

CALL ON all countries and interested parties to uphold their commitment to


decisions;

these

LINDERSCORE the need for the expeditious implementation Principles by all countries with emphasis on:

of the UNCED

Forest

the sovereign rights of countries to utilize and manage their forest resources on
sustainable basis;

the development and application of sustainable forest management and

the

sustainability criteria to all types of forests and timbers; efforts toward the greening of the world and raising the world's forest cover notably by developed countries; fulfillment of the commitment to provide new and additional financial resources as well as environmentally sound technology on favourable terms to developing countries to enhance their capacity to sustainably manage, conserve and develop their forest resources; IASEAN Statement on Forestry of the l5't' Meeting of the ASEAN Ministers on
Agriculture and Forestry, Bandar Seri Begawan, Brunei Dantssalam, 28-30 November 1993J

CALL ON consumer and developed countries to:


commit themselves, within the Successor Agreement, to the attainment of the ITTO Sustainability Objective Year 2000 in respect of their non-tropical timbers
and forests;

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

- fulfill their responsibility


Year 2000;

of providing new and additional financial resources

well as environmentally sound technology on favourable terms to developing countries to enhance their capacity to attain the ITTO Sustainability Objective

as

facilitate, under the Successor Agreement, the formulation of appropriate definitions of sustainability for the non-tropical timbers and forests; the setting up of criteria, indicators and guidelines of sustainability for non-tropical timbers and forests, and the sharing of information on the progress towards the attainment of the ITTO Sustainability Year 2000 in respect of their non-tropical timbers and forests, including a comprehensive review in 1995 and periodic assessments.
IASEAN Statemenl on Forestry of the l5'h Meeting of the ASEAN Miiisters on Agriculture and Forestry, Bandar seri Begawan, Brunei Darussalam, 28-30 ltlovember t 993J

To adopt and implement the ASEAN Strategic Plan of Action on the Environment to
attain the following objectives:
XXX

b. to introduce policy measures and promote institutional development that encourage the integration of environmental factors in all developmental processes both at the national and regional levels; [Par. ], Banclar Seri Begawan Resolution on the Environment antl Development, 26 April 19941

ASEAN shall ensure greater security and sustainability of energy supply through diversification, development and conservation of resources, the efficient use of energy, and the wider application of environmentally sound technologies. ASEAN shall
implement the Medium-Term Programme of Action on Energy Cooperation (i995-1999)

with greater private sector participation in various modes of investment, transfer of technology and human resource development, with major thrust on power sector
development; [Par. 8(p), Bangkok Summit Declaration of 1995, I 4- I 5 December I 99 5l
5't'

ASEAN Summit, Bangkok, Thailand,

ASEAN-EU Ministerial Meeting, Singapore, l3-14 Febntary 19971

Transfer of Technology and Know-how. We agree to embark on new initiatives to ensure greater security and sustainability of energy supply through diversificati.on, development and conservation of resources, the efficient use of energy and the widlr application of environmentally sound technologies. fPar. I6(3), Joint Declaration of the I2,h

The Foreign Ministers commended the new initiatives to achieve competitive, in food production including the General Guidelines for the Preparation and Handling of Halal Food, the increased application of science and technology, human resources development and greater liberalization of trade in culture and forest products to further enhance intraASEAN food trade. The Ministers welcomed the adoption of the Memorandum of Understanding for the Protection and Conservation of Sea Turtles to institutionalize
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Working Group for an ASEAN Human Rights Mechanism

ASEAN's concem about envifonment while pusuing the development of the fisheries Jaya, Malaysia, 24SeCtOr. [par. 28, Joint Communique of the 30'h ASEAN Ministerial Meeting, Subang
25

July

1997J

The Foreign Ministers stressed the need to protect the region's biological diversity and for natural resources and expressed their support for the effort's of the ASEAN Ministers conservation Biodiversity the Environment to establish the ASEAN Regional centre for in the Philippines as a flagship project on the occasion of the 30th Anniversary of ASEAN. [par. 47, Joint Communique of the 30'h ASEAN Ministerial Meeting, Subang Jaya, Malaysia,
24-25 July 19971

must be Moreover, the Ministers emphasized that technology development in ASEAN ASEAN 30'h the of environmentally sustainable, safe and sound. [Par' 48, Joint Communiqtte
Ministerial Meeting, StrbangJaya, Malaysia' 24-25 July 1997J

Recognizing the significance of the sea turtle populations and their habitats in ASEAN Bangkok, waters; IMemorandum of (]nderstanding on ASEAI{ Sea Ttrrtle Conservation and Protection,
Thailand, I2 September 19971

Realizing that effective conservation efforts cannot be independently realized at a national level and that multilateral efforts are necessary to ensure the long-term survival of sea turtles in the ASEAN fegion; fMemorandttm of Understanding on ASEAN Sea Trtrtle
Conservation ancl Protection, Bangkok, Thailand, 12 September 19971

Desiring to jointly manage, protect and conserve all species of sea turtle and their habitats in the {SpAN region ttrrough a unified approach in the formulation and attainment of the management, conservation and pfotection strategies. [Memorandum of Understanding on ASEAN Sea Tttrtle Conservation and Protection, Bangkok, Thailand, l2 September 1997J

The objectives of the Memorandum of Understanding on ASEAN Sea Turtle

Conservation and Protection are to promote the protection, conservation, replenishing and recovery of sea turtles and of the habitats based on the best available scientific evidence, taking into account the environmental, socio-economic and cultural characteristics of the Parties. [Articte II, Memoranc]um of'[-Jnderstanding on ASEAN Sea Turtle Conservation and Protection, Bangkok, Thailand, I2 September 19971

When necessary, Parties to this MOU would consider harmonizing their existing national laws and regulations, and enact new laws on sea turtle conservation and protection to suit with current situations. [Article IV(2), Memorandtrm of Understanding on ASEA]{ Sea Turtle
Conservation and Protection, Bangkok, Thailand, 12 September 1997J

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ASEAN and Human Rights: A Compilation of ASEAN Staiements on Human Rights

Aware that prosperity, equity, and a safe and healthy environment are interrelated elements of the human dream for a better future in the next millennium;
Further aware that economic, environmental and social goals are integrally linked and by having policies that reflect that interrelationship, the lives of each generation will be better than the last; Recognizing that continued, long-term economic growth is essential to the prosperity the ASEAN people and is fundamental to sustainable development;

of

Further recognizing that sustainable development is the framework that integrates economic, environmental and social goals in discourse and policies that enhance the quality of life for the people of ASEAN at present and in the future;
Concemed that global economic growth and environmental challenges have compelled us

to seriously take into account the ecological impact on the national, regional and global
economic growth;

Deeply concemed that the world is gripped by the anxiety caused by fires, floods and typhoons, and that the ASEAN region is not spared from the threat of these natural
disasters;

Further concerned on the ecological, economic, health and political impacts brought about by transboundary pollution caused by land and forest fires;
Conscious that industnalization into the foreseeable future;

will continue to be a critical part of the ASEAN economy

Further conscious that the rapid industrial growth and resource use may increase the environmental pollution and destruction;
Committed that to overcome these environmental problems, ASEAN nations must take more concrete joint action;

To sustain a healthy economy based on eco-efficiency that grows sufficiently to create meaningful jobs, reduce poverty, and provide the opportunity for a higher quality of life and a high quality of environment for all ASEAN people in an increasingly competitive world;
To produce, use and export globally competitive goods and services that use resources efficiently and sustainably; To cooperate and render assistance wherever available, to prevent and control all domestic sources of pollution and activities that could contribute towards transboundarv pollution, including haze formation;

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Working Group for an ASEAN Human Rights Mechanism

To welcome international cooperation and assistance to strengthen ASEAN capability to combat transboundary pollution, includin g haze.

To use, conserve, protect, restore and manage natural resources and the environment, including the conservation of biodiversity, in ways that help ensure long-term social, economic, and environmental benefits for current and future generations and in this
regard to:

Support the formulation

to achieve the long term qualities as declared in the water environmental goals for ambient air and river Bandar Seri Begawan Resolution on Environment and Development of 1994. Endorse the following activities as flagship projects in the area of environmental cooperation in ASEAN and to facilitate their implementation: of ASEAN
initiatives
a. ASEAN Environment Year 2000 b. ASEAN Environment Award c. ASEAN Regional Center for Biodiversity Conservation

To create a widely held ethic of stewardship that strongly

encourages individuals, communities, institutions and corporations to take fuIl responsibility for the economic, environmental and social consequences of their actions, leading towards a vision of a clean and green ASEAN with a safe, healthy, and high quality of life for its peoples by the year 2020;

To support, enable and empower individuals, communities, and corporate entities to achieve their eco-efficiency objectives in the most flexible, expeditious, and costeffective manner possible; To take leadership role in addressing global environmental issues to ensure that solutions adopted are fair and equitable to developing countries and would provide developing countries with adequate means to fulfill their obligations;

To reaffirm support for TINEP and its continued role as a forum for promoting global environmental well being, and hope that its restructuring would simplify the policy making process in order to expedite program implementation and enhance its regional
roles;

To urge developed countries to fulfill their commitments made at LINCED by providing additional resources and transfer of technology for effective implementation of Agenda

2I;
To urge developed countries to commit targets of limitation and reduction of greenhouse gas emissions under the Berlin Mandate; To urge all parties to the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal to expedite the ratification of the amendment to the convention (Decision III/I), on the banning of the export of hazardous wastes from
100

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Annex

VII

countries

to

Development, Jakarta, Indonesia,

developing countries. [Jakarta Declaration on Environment l8 September 19971

and

We envision the evolution in Southeast Asia of agreed rules of behaviour and cooperative measures to deal with problems that can be met only on a regional scale, including environmental pollution and degradation, drug trafficking, trafficking in women and children, and other transnational crimes. [ASEAN Vision 2020, Kuala Lumpur, Malaysia, 15
December 1997J

VI.

Protect the Environment and Promote Sustainable Development

6.1 6.2

Fully implement the ASEAN Cooperation Plan on Transboundary Pollution with particular emphasis on the Regional Haze Action Plan by the year 2001.

Strengthen the ASEAN Specialized Meteorological Centre with emphasis on the ability to monitor forest and land fires and provide early warning on transboundary haze by the year 200I. 6.3 Establish the ASEAN Regional Research and Training Centre for Land and Forest Fire Management by the year 2004. 6.4 Strengthen the ASEAN Regional Centre for Biodiversity Conservation by establishing networks of relevant institutions and implement collaborative training and research activities by the yeat 2001. 6.5 Promote regional coordination for the protection of the ASEAN Heritage Parks and Reserves. 6.6 Develop a framework and improve regional coordination for the integrated protection and management of coastal zones by the year 2001' 6.7 Strengthen institutional and legal capacities to implement Agenda 21 and other international environmental agreements by the year 2001. 6.8 Harmonise the environmental databases of Member Countries by the year 2001. 6.9 Implement an ASEAN regional water conselation programme by the year 2001. 6.10 Establish a regional centre or network for the promotion of environmentally sound technologies by the year 2004. 6.1 1 Formulate and adopt an ASEAN Protocol on access to genetic resources by the year 2004. 6.12 Develop a Regional Action Plan for the Protection of the Marine Environment from Land-based and Sea-based Activities by the year 2004.

6.13
6.14 6.15

Implement the Framework to Achieve Long-Term Environmental Goals for Ambient Air and River Water Qualities for ASEAN Countries. Enhance regional efforts in addressing climatic change. Enhance public information and education in awareness of and participation in environmental and sustainable development issues. [Par. 6, Ha ]Voi Plan of Action, Ha
Noi,
Viet Nam,

l5 December 1998J

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Working Group for an ASEAN Human Rights Mechanism

Enhance public information and education in awareness of and participation in environmental and sustainable development issues. [Par.6.15, Ha Noi plan of Action, Ha Noi,
Viet Nam,

l5 December I99BJ

SELF-DETERMINATION

Neutrality Declaration (Kuala Lumpur Declaration), Kuala Lumpur, 27 November 19711

INSPIRED by the worthy aims and objectives of the United Nations, in particular by the principles of respect for the sovereignty and territorial integrity of all states, abstention from threat or use of force, peaceful settlement of international disputes, equal rights and self-determination and non-interference in the affairs of States; [Zone of peace Freedom and

Member states shall vigorously develop an awareness of regional identity and exert all efforts to create a strong ASEAN community, respected by all and respecting all nations on the basis of mutually advantageous relationships, and in accordance with the principles of self-determination, sovereign equality and non-interference in the internal affairs of nations. [Par. 8, Declaration of ASEAN Concord, Bati, 24 Febntary I9z6J

ASEAN Ministerial Meeting, Manila, 24-26 June 19761

The Meeting reafhrmed the view that the future of East Timor remains, in the final analysis, in the hands of the people of East Timor. The Meeting expressed the view that the solution of the East Timor question would contribute positively to the maintenance of peace and stability in the Southeast Asian region. [Par. 23, Joint Communique of the Ninth

The Meeting reviewed developments in the Middle East and expressed its support for a just and peaceful solution that would take into account the legitimate rights and interests of all States concerned including the withdrawal from illegally occupied Arab territories, as well as the inalienable rights of the Palestinian people, in accordance with relevant resolutions of the United Nations. In this connection, it welcomed the new initiatives
towards an early solution of the conflict.

The Foreign Ministers expressed their concern over the continued intransigence of racist minority regimes in Southern Africa which constituted a threat to international peace and security. They reiterated their full support for the principles of self-determination and for the struggle for majority rule in Southem Africa in accordance with the principles and purposes of the United Nations Charter and the relevant resolutions of the United Nations. [Par.2l-22, Joint Communique of the Tenth ASEAN Ministerial Meeting, Singapore,5-8 Juty t e7u

t02

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers reiterated their support for the dght of the Kampuchean people to determine their future by themselves, free from interference or influence from outside powers in the exercise of their right of self-determination and called for the immediate and total withdrawal of the foreign forces from Kampuchean territory. They noted that ASEAN's constructive effort to restore peace and stability in the area have received the overwhelming support of the international community, particularly the support of a large majority of the U.N. Security Council members.

The Foreign Ministers expressed support for the right of the people of Kampuchea to lead their national existence free from interference by Vietnam and other foreign forces in their internal affairs. They called upon the international community to supporl Kampuchea's right of self-determination and continued existence free from interference, subversion or coercion. [Par. I4-]5, Joint Communique of the l2'h ASEAN Ministerial Meeting, Bali,
Indonesia, 2B-30 June 19781

The ASEAN Foreign Ministers affirmed the right of the Kampuchean people to determine their future by themselves free from interference or influence from outside powefs in the exercise of their rights of self determination. [Par. 3, Joint Statement of the
Special Meeting of the ASEAlttr Foreign Ministers on the Cunent Political Development in the Southea,st Asia Region, Bangkok, I2 January 1979J

They further emphasized the need for all states to observe strictly the following principles: respect for sovereignty, ter:ritorial integrity, and independence of states; nonresort to force or threat of the use of force and non-interference in the internal affairs of
other states. [Par. ], Joint Statement on Political
Issues, Kuala Lumpur, Malav,sia, B March 19801

The Foreign Ministers of the ASEAN member-states and the Foreign Ministers of the member-states of the European Community deplored the denial of self-determination to the peoples of Kampuchea and of Afghanistan who should be allowed to decide their political future without foreign interference, coercion or intimidation. [Par. 4, Joint Statement
on Political Issues, Kuala Lumpur, 8 March 1980J

However, this and the establishment of friendly and cooperative relations among all the states of the region depend upon a political solution to the Kampuchean question on the basis of the withdrawal of foreign forces from Kampuchea, and self-determination for the Kampuchean people. They called for the early establishment of an independent and neutral Kampuchea with a genuinely representative government, free of all foreign military presence and maintaining friendly and peaceful relations with all countries in the
fegiOn. [Par.6, Joint Stalement
on Political Issues, Kuala Lumpur, S March 1980J

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Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers strongly reaffirmed the solidarity of ASEAN member countries, in and their continued total commitment to their position on the Kampuchean conflict, particularly on the fundamental issues of total withdrawal of Vietnamese forces from Kampuchea, the exercise of the right of self-determination of the Kampuchean people, free from outside interference, subversion and coercion and non-interference in the internal affairs of States of Southeast Asia. The Foreign Ministers stressed that the situations in Kampuchea and Afghanistan have as a common denominator the imposition of will on small independent States by foreign powers through the use of force in open violation of international law, thereby threatening international peace and security. They reiterated their strong condemnation of the atmed intervention against these two countries by foreign po*.ri. The Foreign Ministers expressed their grave concem over Soviet military intervention in Afghanistan, a non-aligned and developing country, and deplored the continued presence of Soviet forces in that country, in violation of principles enshrined in the Unitid Nations Charter and in total disregard of the views of the intemational community. In this regard the Foreign Ministers reiterated their strong support of UN Resolution No. ES-6/2 on the Situation in Afghanistan which called for the immediate, unconditional and total withdrawal of foreign troops from Afghanistan and to enable the Afghan people to decide their own political future without foreign interference, coercion and intimidation. The Foreign Ministers were briefed on the deliberations and outcome of the recent 1lth Session of the Islamic Conference of Foreign Ministers on this issue by the Foreign Ministers of Indonesia and Malaysia. The Foreign Ministers expressed strong support ftr the earnest efforts of the Organisation of Islamic Conference to seek *uy. *d means of finding a comprehensive solution to the grave crisis in Afghanistan. They appealed to all States to respect the sovereignty, territorial integrity and political independence of Kampuchea and Afghanistan. They also took the view that there must be total withdrawal of foreign forces from Kampuchea and Afghanistan and that the crises in the two countries could be overcome through the emergence of an independent, neutral, nonaligned Kampuchea and Afghanistan, free from foreign interference. Sr:or. 16-17, Joint Communiqtre of the I3't' ASEAN Ministerial Meeting, Kuala Lumpt,i, 25-26 Jr,re I9g0J

The Foreign Ministers expressed their conviction that the solution of the Kampuchean conflict is vital to the implementation of ZOPFAN which will contribute to the peace and security of the Southeast Asian region and ensure for all States in the region their independence and.sovereignty and freedom from foreign interference. [par. 2], Joint Communiqtre of the I 3't' ASEAN Ministerial Meeting, Kuala Lumpt,r, i5-26 Jyne t 9g0J
Ensure that collaboration contributes directly or indirectly towards regional self-reliance and self-determination. [Pat' ]0.1, Joint Communique of the Second Meeting of the ASEAN Health Ministers, Manila, 22-24 July 1980, Declaration of the ASEAN Health Ministers on Collaboration on

Health, Manila, 24 July I9S0

t04

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers reaffirmed their commitment to these Resolutions which call for the cessation of all hostilities forthwith by all parties to the conflict and for the immediate and total withdrawal of Vietnamese troops from Kampuchea. This will enable the Kampuchean people to exercise their right of self-determination, free from outside interference, subversion and coercion. [Par. 19, Joint Communique of the ]4'h ASEAI{ Ministerial Meeting, Manila, I7-18 Jtrne I98IJ

The Foreign Ministers stressed that the so-called elections held in Kampuchea from March to May 1981, constituted a desperate attempt to confer legitimacy upon the Vietnamese-installed Heng Samrin regime in Kampuchea. They firmly emphasized that these fraudulent elections did not constitute a genuine expression of the free will of the Kampuchean people, for these elections were held under the shadow cast by the presence of 200,000 Vietnamese soldiers. They restated their firm belief that as long as Vietnamese occupation forces remained in Kampuchea, the Kampuchean people could not pursue their national interests, form a government of their own choice or freely elect their leaders. [Par. 2], Joint Communiqtte of the I4'h ASEAN Ministerial Meeting, Manila, I7-18 June
1e81J

The Foreign Ministers welcomed the current consultations among Kampuchean nationalists to form a United Front with a view to the early setting up of a coalition government of Democratic Kampuchea in pursuit of their inalienable right to liberate their country from foreign occupation and domination. They recognized that the
establishment of a truly representative government in Kampuchea must remain a matter for the Kampuchean people themselves to decide and pursue. [Par. 29, Joint Commttnique of the l4'h ASEAN Ministerial Meeting, Manila, I7-tB hrne I98lJ

the establishment, under United Nations supervision, of conditions in which the Kampuchean people would be able freely to elect a government of their choice. [Par.3, Joint Statement of the Foreign Ministers of the Members States of the European Community and ASEAN, London, I3-14 October I98lJ

They stressed the need for the total withdrawal of Vietnamese forces and

They noted that all appeals by the United Nations, the Islamic states and the non-aligned countries for the withdrawal of foreign troops from Afghanistan and a political solution enabling the Afghan people to determine freely their own form of government have been ignored. [Par. 10, Joint Statement of'the Foreign Ministers of the Memhers States o/ the European
Community and ASEAIV, London, I3-14 October

I98l/

The Foreign Ministers expressed their grave concern over the situation in Kampuchea. They stressed that the continued Vietnamese military occupation of Kampuchea constitutes a serious threat to peace and stability in the whole Southeast Asian region. They reaffirmed their strong conviction that the continued occupation of Kampuchea by

105

Working Group for an ASEAN Human Rights Mechanism

Vietnam represents a serious violation United Nations Charter. fPar. 14, Joint
Singapore, 14-16 June 19821

of international law and the principles of


Commrrnique

the

of the I5'h

ASEAN Ministerial Meeting,

The Foreign Ministers reiterated their full commitment to these United Nations
Resolutions, which called for the immediate and total withdrawal of Vietnamese forces from Kampuchea. They reaffirmed that a comprehensive political settlement of the conflict in Kampuchea could only be achieved within the framework established by these Resolutions and on the basis of the principles laid down in the Declaration of the International Conference on Kampuchea, which, inter alia, reaffirmed the right of the Kampuchean people to self-determination and to elect a government of their own choice in free elections carried out under United Nations supervision without any intimidation or coercion. [Par. 16, Joint Communique of the ]5't'ASEAN Ministerial Meeting, Singapore, 14-16 June
re82l

The Foreign Ministers reaffirmed their continued recognition of Democratic Kampuchea and their support for its representation at the United Nations. They emphasized that the grounds for their support for the credentials of Democratic Kampuchea were based on the fundamental principles of respect for the sovereignty, independence and territorial integrity of States, non-interference in the internal affairs of States and non-use of force in international relations. The Foreign Ministers, therefore, called upon member States of the United Nations to uphold these principles and to support the continued representation of Democratic Kampuchea in the United Nations. [Par. 20, Joint Communiqne of the ]5'h ASEAN
Ministerial Meeting, Singapore, l4-16 June 1982J

The Ministers reaffirmed their commitment to the principles of the LIN Charter and noted with satisfaction the friendly cooperation between their countries in the UN and other international organizations. They also noted with grave concern the fact that in many parts of the world force was still being used in violation of the UN Charter and resolutions which call for respect for the principles of sovereign equality of states and self-determination of peoples, for non-interference and non-intervention in the affairs of states, and for refraining from the threat or use of force against territorial integrity of any
state. fPar. 5, Joint Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March 1983J

The Ministers expressed their continued full support of the principles and the terms of the Declaration of the International Conference on Kampuchea, inter alia, calling for the total withdrawal of Vietnamese forces from Kampuchea the right of the Kampuchean people to determine their own destiny through the LIN supervised general elections, an independent, neutral and non-aligned Kampuchea which poses no threat to any of its neighbours and the commitment by all states to non-interference and non-intervention in the internal affairs of Kampuchea as the basis of any just and lasting political settlement of the Kampuchean problem. To this end, they reiterated their stand that no assistance be
106

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

March

given to Vietnam of such a nature as to sustain and enhance the Vietnamese occupation of Kampuchea. [Par. 8, Joint Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25
19831

The Foreign Ministers reviewed the situation in Kampuchea and expressed their deep concern that the continued Vietnamese military occupation of Kampuchea still posed a serious threat to the peace and stability of the Southeast Asia region as weil as to international peace and security. They reiterated their call for a comprehensive political settlement in Kampuchea that would provide for a total withdrawal of all foreign forces from Kampuchea and the exercise of the right of the Kampuchea people to selfdetermination. They again invited Vietnam to consider the elements contained in the Declaration of the ICK.
The Foreign Ministers recalled that the Declaration called for negotiations on, inter alia, an agreement on cease-fire by all parties and withdrawal of all foreign forces from Kampuchea under the supervision of a UN force; appropriate arrangements to ensure that armed Kampuchean factions would not be able to prevent or disrupt the holding of free elections; appropriate measures for the maintenance of law and order in Kampuchea; the holding of free elections under IIN supervision which will allow the Kampuchean people to exercise their right of self-determination in which all Kampucheans will have the right to participate. Such a comprehensive political settlement would take into account the security interests of the countries in the region. The Foreign Ministers also recalled that there had been registered the need for international economic assistance programmes for Kampuchea and the other states of the region to be formulated following the peaceful resolution of the Kampuchean conflict. [Par.t2-13, Joint Commnnique of the Sixteenth ASEAN
Ministerial Meeting, Bangkok, 24-25 June 1983J

The Foreign Ministers reiterated their call for a comprehensive political settlement in Kampuchea which would have as its primary objective the restoration of the independence and sovereignty of Kampuchea. In this regard, they affirmed the validity of the Appeal for Kampuchean Independence of 21 September 1983 which offered a reasonable basis for a comprehensive political settlement in Kampuchea. The essential elements for such a political settlement are the total withdrawal of foreign forces, the exercise of self-determination and national reconciliation in Kampuchea. [par. ]9, Joinr
Commtmiqtre of the I7't' ASEAN Ministerial Meeting, Jakarta, 9-10

Juty

1984J

The Foreign Ministers reaffirmed their support for the Coalition Government of Democratic Kampuchea under the Presidency of Samdech Norodom Sihanouk in its just struggle to restore full independence, and sovereignty, as well as a neutral and nonaligned status to Kampuchea. They noted the increasing unity of the Coalition
Government of Democratic Kampuchea and its determination to struggle for the freedom of the Kampuchean people. [Par. 25, Joint Communique of the ]7't' ASEAN Ministerial Meeting,
Jakarta, 9-10 July 1984J

t0l

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers expressed their deep concern with the continuing denial of the inalienable rights of the Palestinian people. They urged that these rights be speedily restored in accordance with the relevant United Nations resolutions. They were also deeply concerned with the Iran-Iraq war and expressed the hope that it would end as soon as possible in order to promote peace and stability in that region. [Par. 72, Joint Communiqtte
of the I7'h ASEAN Ministerial Meeting, Jakarta, g-10 July 19841

The Foreign Ministers reiterate their call to Vietnam to seek a political settlement on the basis of the total withdrawal of Vietnamese forces, national reconciliation among all Kampucheans, and the exercise of self-determination by the Kampuchean people. National unity can be achieved only through the participation of all Kampucheans in the act of self-determination to be held under international supervision. [Par. 3, Joint
commttnique of the IB'h ASEAN Ministerial Meeting, Kuala Lumpur,9 July 1985J

The Foreign Ministers reaffirmed the validity of the Appeal for Kampuchean Independence of 21 September 1983 and reiterated their call for a comprehensive
political settlement in Kampuchea which would have its primary objective the restoration of the independence and sovereignty of Kampuchea following total withdrawal of foreign forces, the exercise of self-determination and the achievement of national reconciliation in Kampuchea. [Par.29, Joint Communique of the I8'h ASEAN Ministerial Meeting, Kuala Lumpur,9
July
19851

The Foreign Ministers reaffirmed their support for the Coalition Government of
Democratic Kampuchea under the Presidency of Samdech Norodom Sihanouk whose continued leadership is an important and crucial factor in the struggle of the Kampuchean people to restore their country as an independent, sovereign, neutral and non-aligned nation. They also reaffirmed their support for President Samdech Norodom Sihanouk's call for national reconciliation among all the Kampuchean fractions as a positive and constructive approach towards realising the objectives of self-determination, independence, sovereignty and unity of the Kampuchean people. [Par. 35, Joint Communique of the l8'h ASEAI,tr Ministerial Meeting, Kuala Lumpur, 9 July 19851

The Foreign Ministers condemned the blatant act of defiance by the racist Pretoria regime which had illegally installed a so-called interim government in Namibia in complete disregard of the right to self-determination for the Namibian people and indirect contravention of United Nations Security Council Resolution 435 (1978). The Foreign Ministers reaffirmed their commitment to the UN efforts to bring about genuine independence to the Namibian people in a United Namibia. They called upon the intemational community to bring relentless pressure to bear upon South Africa and to continue to support the just struggle of the Namibian people under the leadership of the Southwest African Peoples' Organisation (SWAPO), their sole and authentic
108

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

representative. [Par. 67, Joint Communiqtre oJ the I8't' ASEAN Ministerial Meeting, Kuala Lumpur,
July
1985J

The Foreign Ministers reaffirmed their principled stand that a just and lasting peace in West Asia could only be achieved through the restitution of the legitimate and inalienable rights of the Palestinian people in accordance with the relevant United Nations resolutions... The Foreign Ministers expressed concern at the undiminished tragedy in Lebanon and urged all parties concemed to respect its sovereignty and territorial integrity. [Par. 69, Joint Communique of the ]8'h ASEAN Ministerial Meeting, Kuala Ltrmpur, 9 July
I e85J

The Foreign Ministers called for the total withdrawal of foreign forces from Afghanistan and reaffirmed their stand that the inherent right of the Afghan people to freely determine their own future should be restored. [Par.70, Joint Communicpre of the IB't'ASEAN Ministerial
Meeting, Kuala Lumptrr,9 JulY 19851

They reaffirmed their conviction that Vietnam's military occupation of Kampuchea is a violation of the United Nations Charter and international law, the right of the Kampuchean people to self-determination and of the principles of non-interference in the internal affairs of a sovereign state. [Par. 15, Joint Communiqtre o.f the ]9't' ASEAN Ministerial
Meeting, Manila, 23-28 June 1986J

The Foreign Ministers reiterated their call for a durable and comprehensive political settlement in Kampuchea that will lead to the total withdrawal of foreign forces; the restoration of the independence, sovereignty, territorial integrity and the neutral and nonaligned status of Kampuchea; the exercise of self-determination; and the achievement of national reconciliation in Kampuchea. [Par. 16, Joint Communique of the ]g't'ASEAN Ministerial
Meeting, Manila, 23-28 June I9B6J

The Foreign Ministers recalled their Joint Statement issued in Bali on 28 April 1986 and reiterated their support of the CGDK's EighfPoint Proposal for a political settlement to the Kampuchean problem. In their view, the proposal can serve as a constructive framewoik for negotiations and address important aspects of the Kampuchean problem, particularly the core issues of the total withdrawal of Vietnamese troops, selfdetermination of the Kampuchean people, concrete steps to bring about national reconciliation and Kampuchea's role and obligations in the regional and international context. Their support reaffirms ASEAN's conviction that the Kampuchean problem has to be resolved by-the Kampuchean people themselves. [Par. 22, Joint Commtrniqtre of the l9't' ASEAN Ministerial Meeting, Manila, 23-28 June I986l

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Working Group for an ASEAN Human Rights Mechanism

They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, independence and sovereign statehood, and the restoration of Arab sovereignty over their occupied territories. [Par. 78, Joint Communique of the ]9'h ASEAN Ministerial Meeting, Manila, 23-2g hrne
r eB6J

The Foreign Ministers reiterated their call for the total withdrawal of foreign forces from Afghanistan and the restoration of the inherent right of the Afghan people freely to determine their own destiny. They were of the firm view that a sovereign, independent and non-aligned Afghanistan is essential for the peace and stability of Southwest Asia.
[Par.
79, Joint Communique oJ'the ]g'h ASEAN Ministerial Meeting, Manila,

23-i8 June

19861

They agreed to continue to promote the search for a negotiated settlement to the conflict in Kampuchea in accordance with the resolutions adopted by the United Nations and the International Conference on Kampuchea, which call for the total withdrawal of all foreign troops, the right of the Kampuchean people to determine their own destiny free from outside interference, and the restoration and preservation of Kampuchea's independence, sovereignty and territorial integrity. [Par. 2, Joint Declaration of the Sixth ASEAN-EC Ministerial Meeting, Jakarta, 20-21 October l986l

The Foreign Ministers examined the situation in Kampuchea and expressed their deep concern over Vietnam's continued illegal occupation of Kampuchea. The Foreign Ministers reiterated ASEAN's conviction that Vietnam's military occupation of Kampuchea constituted a flagrant violation of the fundamental principles of international law embodied in the Charter of the United Nations. Vietnam's military occupation of Kampuchea, now on its ninth year, also violated the principles of non-interference in the internal affairs of sovereign states and the right of the Kampuchean people to selfdetermination. [Par. ]8, Joint Communique of the 20'h ASEAI{ Ministerial Meeting, Singapore, I5-16
June 1987J

The Foreign Ministers once again called for a comprehensive political settlement in Kampuchea based on a total withdrawal of foreign forces, the restoration of Kampuchea's independence, sovereignty and territorial integrity, self-determination for the Kampuchean people under UN auspices and the achievement of national reconciliation in Kampuchea. They called on Vietnam to accept an independent, neutral
and non-aligned Kampuchea. [Par.20, Joint Communique oJ'the 20't'ASEAN Ministerial Meeting,
Singapore, I 5-l
6

June I 987/

They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, and the resolution of Arab sovereignty over their occupied territories. [par.68, Joint Communiclue of
the 20't' ASEAN Ministerial Ueeiing, Singapore, I5-16 Jitne t9B7J I l0

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

They reiterated their call for the total withdrawal of foreign forces from Afghanistan and the restoration of the inherent right of the Afghan people to freely determine their own destiny. [Par. 69, Joint Communique of the 20'h ASEAN Ministerial Meeting, Singapore, I5-16 June reB4

The Ministers reiterated their resolve to work in accordance with the relevant resolutions adopted by the United Nations which aim at restoring the independence, sovereignty and territorial integrity of Kampuchea consistent with the interests and the well-being of the people of Kampuchea who have undergone so much suffering. A democratic, neutral and independent Kampuchea is not attainable without the withdrawal of all foreign troops under international supervision. The Ministers thus reiterated their call for Vietnam io withdraw its troops from Kampuchea. [Par. 7, Jc,tint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Diisseldorf, 2-3 May 19881

The Ministers fuither condemned all aggressive and destabilizing activities on the part of South Africa against its neighbours in the region and called for the settlement of regional problems by peaceful means. The Ministers called for the independence of Namibia

without fuither delay on the basis of the inalienable right to self-determination in accordance with IIN Resolution 435. \far. ll, Joint Declaration of the Seventh ASEAN-EC
Ministerial Meeting, Dtisseldorf, 2-3 May 1988J

Ministerial Meeting, Bangkok, 4-5 July

The Foreign Ministers reviewed the situation in Kampuchea and expressed their deep concern over the continued illegal occupation of Kampuchea by Vietnamese military forces. They reaffirmed their conviction that Vietnam's military occupation of Kampuchea is a violation of the United Nations Charter and international law, of the right of the Kampuchean people to self-determination, and of the principle of non-interference in the internal affairs of a sovereign state. [Par. 7, Joint Communique of the 2t't ASEAN
19881

The Foreign Ministers reiterated their call for a durable and comprehensive political settlement in Kampuchea which will lead to the total withdrawal of all foreign forces; the restoration of the independence, sovereignty and territorial integrity, self-determination of the Kampuchean people under international supervision and the achievement of national reconciliation in Kampuchea. The Foreign Ministers also called on Vietnam to accept an independent, neutral and non-aligned Kampuchea. [Par. 8, Joint Communique of the
2l't ASEAN Ministerial Meeting, Bangkok, 4-5 July
19881

The Foreign Ministers expressed their deep concem to the plight of the Kampuchean people under Vietnamese occupation and thus called on the international community not to forget the Kampuchean people's struggle for independence. They reaffirmed their

lll

Working Group for an ASEAN Human Rights Mechanism

belief that an independent Kampuchea is not attainable without the withdrawal of foreign troops from Kampuchea. [Par. 11, Joint Communique of the 21't ASEAN Ministerial Meeting,
Bangkok,4-5 July
19881

They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, and the restoration of Arab sovereignty over their occupied territories. [Par. 60, Joint Communique of
the 21" ASEAN Ministerial Meeting, Bangkok,4-5 July ISBBJ

The Foreign Ministers welcomed the signing of the Geneva accords which was a major step towards a peaceful political settlement of Afghanistan taking into account of the right to self-determination of the Afghan people and the establishment of a sovereign, independent, and non-aligned Afghanistan. [Par. 62, Joint Communique of the 21" ASEAN
Ministerial Meeting, Bangkok,4-5 July 1988J

They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, and the restoration of Arab sovereignty over their occupied territories. [Par. 75, Joint Communique of
the 22"'t ASEAN Ministerial Meeting, Bandar Seri Begawan, 3-4

hty

1989J

They expressed their grave concern over the deterioration of the situation in the occupied territories. They stressed the urgency of a settlement which would uphold the right to security of all States in the region, including Israel, that is to say, to live within secure, recognised and guaranteed frontiers, and would uphold justice for all the peoples of the region, which includes recognition of the legitimate rights of the Palestinian people, including their right to self-determination with all that this implies, in accordance with llN Security Council Resolution s 242 and 338. Sf ar. I 7, Joint Declaration of the Eighth ASEANEC Ministerial Meeting, Kuching, Malaysia, l6-17 February 19901

They warmly welcomed the changes in Central and Eastern Europe whose people have shown their strong aspirations towards freedom, multiparty democracy, respect for human rights, prosperity, social justice and peace, as well as their desire to decide their own destiny and to choose the path of their development. [Par. 4, Joint Declaration of the
Ninth EC-ASEAN Ministerictl Meeting, Luxembourg, 30-31 May

I99l/

They once agarn stressed the fundamental right of Cambodians to choose their own govemment in free and fair elections. [Par. 10, Joint Declaration of the 9't' EC-ASEA]V Ministerial
Meeting, Luxembourg, 30-31 May

l99lJ

tt2

ASEAN and Human Rights: A Compilation of ASEAN Statemenis on Human Rights

They stressed the urgency of a settlement in accordance with UN Security Resolutions 242 and 338 which would uphold the right to security of all States in the region, including Israel, to live within secure, recognised and guaranteed frontiers, and would uphold justice recognition of the legitimate rights of the Palestinian people, including their right to self-determination with all that this implies. [Par. 29, Joint Declaration of the
Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May I99lJ

They took note of the efforts of the United States in promoting peaceful settlement of the Arab-Israeli conflict and the Palestinian question. They reaffirmed their support for the convening of an International Conference under the auspices of the UN to work out a peace settlement. In this connection, they stressed the need to adhere to the IIN Security Council Resolutions 242 and 338 which would uphold the right to security of all states in the region, including that of Israel, and recognition of the legitimate rights of the Palestinian people, including their right to self-determination with all that this implies, in particular, their right to homeland. Jrar. 30, Joint Communique of the 24'h ASEAII Ministerial Meeting, Kuala Lumpur, Malaysia, I9-20, July I99lJ

The Foreign Ministers expressed their support for the latest peace proposal made by the Contact Group comprising representatives of the United Nations, the European Union, the United States, and the Russian Federation, which emphasized the preservation of unity and integrity of the state of Bosnia-Herzegovina as a single state within intemationally recognized borders. They called upon all concerned to support the peace proposal. [Par. 10, Joint Communique of the 27'h ASEAN Ministerial Meeting, Bangkok, Thailand, 22-23
July 1994/

We voiced support for the fundamental principles of a just, comprehensive and lasting settlement in the Middle East, notably "land for peace" and self-determination for the Palestinians, with all that this implies. [Par. It(viii), Joint Declaration of the ]2'h ASEAN-EU
Ministerial Meeting, Singapore, l3-14 Febrttary 19971

REAFFIRMING the Declaration of ASEAN Concord signed in Bali, in February 1976 which noted that the elimination of poverty, hunger, disease and illiteracy is a primary concem, and resolving to intensify cooperation in economic and social development, with parlicular emphasis on the promotion of social justice and on the improvement of the living standards of the people in ASEAN, [Ministerial Understanding on ASEAN Coopertaion in
Rural Development and Poverty Eradication, SubangJaya, Malaysia,23 October 19971

They affirmed that the Charter of the United Nations, the Treaty of Amity and Cooperation in Southeast Asia, the Five principles of Peaceful Coexistence and universally recognized international law should serve as basic norms goveming their relations. They reaffirmed in particular their respect for each other's independence, sovereignty and territorial integrity and the principle of non-interference in the intemal
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Working Group for an ASEAN Human Rights Mechanism

affairs of other states. [Par. 2, Joint Statemenf of the Meeting of Heacls of State/Government of the Member State,s of ASEAI{ and the Presidenl of the People's Republic of China, Kuala Lumpur, Malaysia, I6 December 19971

The Foreign Ministers reiterated their continuing support for the sovereignty, territorial integrity and national unity of Indonesia, which includes the Provinces of Aceh and Irian Jaya (Papua). [Par. 22, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thaitand,
24-25 July 20001

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;
[Par.
9, Joint Communique of the Special ASEAN Ministerial Meeting on Tenorism, Kuala Lumpur, 20-2

May 2002/

We recognize the right of individual ASEAN Member Countries to continue pursuing practical preventive measures to address the root causes of terrorism) [Par. ]0, Joint
Commtrnique of the Special ASEAN Ministerial Meeting on Tenorism, Kuala Lumpur, 20-21 May 20021

Recognising the principles of sovereign equality, territorial integrity and nonintervention in the domestic affairs of other States; [ASEAN-United States of America Joint Declaration.for Cooperation to Combat International Terrorism, Bandar Seri Begawan, I August 20021

We stressed that all measures relating to the future of Iraq must be undertaken on the basis of respect for the sovereignty, territorial integrity, political independence and security of Iraq as well as for the well-being of the Iraqi people. [par. 49, Joint Communique of the 36't'ASEAN MinisterialMeeting, Phnom Penh, Camboaia. li-il nne 20021

PEACE, SECURITY AND COI{FLICT RESOLUTIOIV

CONSIDERING that the countries of Southeast Asia share a primary responsibility for strengthening the economic and social stability of the region and ensuring their peaceful and progressive national development, and that they are determined to ensure their stability and security from extemal interference in any form or manifestation in order to preserve their national identities in accordance with the ideals and aspirations of their
peoples; [The ASEAN Declaration (Bangkok Declaration), Bangkok, 8 Augtrst 1967J

AFFIRMING that all foreign bases are temporary and remain only with the expressed concuffence of the countries concemed and are not intended to be used directly or indirectly to subvefi the national independence and freedom of States in the area or
t14

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

prejudice the orderly processes of their national development; [The ASEAN


(Bangkok Declaration), Bangkok, Thailand, 8 August 1967J

Dectaration

To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter; [Par. 2, The ASEAN Declaration (Bangkok Declaration), Bangkok,
Thailand,
B

August 19671

INSPIRED by the worthy aims and objective of the United Nations, in particular by the principles of respect for the sovereignty and teffitorial integrity of all states, abstention from threat or use of force, peaceful settlement of international disputes, equal rights and self-determination and non-interference in the affairs of States;

BELIEVING in the need to meet present challenges and new developments by cooperating with all peace and freedom loving nations, both within and outside the
region, in the furtherance of world peace, stability and harmony;
XXX

DEDICATED to the maintenance of peace, freedom and independence unimpaired;

BELIEVING in the need to meet present challenges and new developments by cooperating with all peace and freedom loving nations, both within and outside the
region, in the furtherance of world peace, stability and harmony;

COGNIZANT of the significant trend towards establishing nuclear-free zones, as in the "Treaty for the Prohibition of Nuclear Weapons in Latin America" and the Lusaka Declaration proclaiming Africa as a nuclear-free zone, for the purpose of promoting world peace and security by reducing the areas of international conflicts and tension;

REITERATING our commitment to the principle in the Bangkok Declaration which established ASEAN in 1967, "that the countries in South East Asia share a primary responsibility for strengthening the economic and social stability of the region and ensuring their peaceful and progressive national development, and that they are determined to ensure stability and security from external interference in any form or manifestation in order to preserve their national identities in accordance with the ideals
and aspirations of their people";

AGREEING that the neutralization of South East Asia is a desirable objective and that we should explore ways and means of bringing about its realization; and CONVINCED that the time is propitious for joint action to give effective expression to the deeply felt desire of the peoples of South East Asia to ensure the conditions of peace and stability indispensable to their independence and their economic and social welll15

Working Group for an ASEAN Human Rights Mechanism

being; [Par. 1, Zone of Peace Freedom and Neutrality Declaration (Kuala Lumpur Declaration), Kuala Lumpur, 27 November 197 lJ

At the end of their deliberations, the Foreign Ministers and the Special Envoy signed and issued Declaration in which they stated their determination to exert initially necessary efforts to secure the recognition of and respect for Southeast Asia as a Zone of Peace, Freedom and Neutrality, free from any form or manner of interference by outside Powers,
and also stated that Southeast Asian countries should make concerted efforts to broaden the areas of cooperation which would contribute to their strength, solidarity and closer relatiOnShip . [Par. 6, Special ASEAN Foreign Ministers Meeting to issue the Declaration of Zone of Peace, Freedom and Neutrality, Kuala Lumpur, 25-26 November 197 IJ

The meeting discussed a wide variety of subjects of common interest. Noting the rapid pace of international developments affecting the region, the meeting reiterated its view that peace and stability in Southeast Asia is the primary responsibility of the countries of the region. In this context, the meeting stressed the importance of continuing this form of periodic informal consultations in order to enhance cooperation among the ASEAN countries and to provide a forum in which they could coordinate their efforts in safeguarding the interest of the region as a whole. The meeting reviewed with grave concern the continuing conflicts in Indochina. Recognizing that it is vital to the interest of the region to bring these conflicts in Indochina to a speedy conclusion, the meeting decided to urge the parties concerned to intensify their efforts to achieve a just settlement which would ensure durable peace and stability in the region. Towards that end, the meeting is of the view that ASEAN countries should explore the possibility of making concrete contribution towards the final settlement of the Indochina question. [Par. I, The ASEAN Foreign Ministers Meeting to Discuss International Developments Affecting the Region, Manila, I3-l4 July I972l

The meeting noted with satisfaction that the Committee had reached a common
understanding of the interpretation of a "Zone of Peace, Freedom and Neutrality" in the context of Southeast Asia. It reiterated the view that neutralisation of Southeast Asia is a desirable objective and also noted with satisfaction that the Committee at its next meeting will continue its study of neutralisation as a means of establishing Southeast Asia as a Zone of Peace, Freedom and Neutrality and that other means will also be considered. [Par. 5, The ASEAN Foreign Ministers Meeling to Discuss International Developments Afficting the
Region, Manila, l3-14 July 19721

The meeting warmly welcomed the signing of the Agreement and was gratified that as a result of goodwill and cooperation by all parties the most tragic episode in recent history involving so much misery and suffering for the Vietnamese people may at last come to an end. The meeting noted with satisfaction that the Agreement stipulated respect for the independence, sovereignty, unity, territorial integrity and neutrality of Laos and of Cambodia, now the Khmer Republic. In order to ensure durable peace and stability in the
l16

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

region the meeting decided to urge the Parties to the conflicts to agree as quickly as possible to ceasefires and to honor strictly the terms and spirit of the Agreement. The meeting was conscious that many problems remained and recognised the need to continue the search for peaceful solutions to these problems. [Par. 2, The ASEAN Foreign Ministers
Meeting to Assess the Agreement on Ending the War and Restoring Peace in Vietnam and to Consider its Implicationsfor Southeast Asia, Kuala Lumpur, l5 February 1973J

The meeting acknowledged that all nations should follow a policy of peace and friendship with all countries irrespective of their political ideology on the basis of mutual respect of each other's sovereignty and teffitorial integrity. The meeting recognised that
the peace and stability of the area and their own well-being are the primary responsibility of all Southeast Asian countries. [Par. 3, The ASEAN Foreign Ministers Meeting to Assess the Agreement on Ending the War and Restoring Peace in Vietnam and to Consider its Implications for
Southeast Asia, Kuala Lumpur, 15 February 19731

The meeting was firmly of the view that a lasting peace in South East Asia can be achieved through the development of mutual trust and understanding among the countries in the region. It was therefore necessary for these countries to come together and to discuss matters of vital interest and mutual concern. In this connection, the meeting recognizes the desirability of convening a conference of all South-East Asian nations to serve as an Asian forum at an appropriate time in the future. The meeting furthermore agreed that every effort should be made towards establishing and furthering contacts and promoting interlocking relationships amongst these countries. [Par. 5, The ASEAI{ Foreign Ministers Meeting to Assess the Agreement on Ending the War and Restoring Peace in Vietnam and to
Consider its Implicationsfor Southeast Asia, Kuala Lumptrr, I5 February 1973J

The purpose

perpetual peace, everlasting amity and cooperation among their peoples which would contribute to their strength, solidarity and

of this Treaty is to promote

closer relationship . [Treaty of Amity and Cooperation in Southeast Asia, Bali, 24 February 1976J

ANXIOUS to promote regional peace and stability through abiding respect for justice and the rule or law and enhancing regional resilience in their relations; DESIRING to enhance peace, friendship and mutual cooperation on matters affecting Southeast Asia consistent with the spirit and principles of the Charter of the United Nations, the Ten Principles adopted by the Asian-African Conference in Bandung on 25 April 1955, the Declaration of the Association of Southeast Asian Nations signed in Bangkok on 8 August 1967, and the Declaration signed in Kuala Lumpur on 2l November l97I1,

BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the furtherance of world peace stability and harmony; [Treaty ol
Amity and Cooperation in Southeast Asia, Bali, 24 February 1976J

11'7

Working Group for an ASEAN Human Rights Mechanism

In their relations with one another, the High Contracting Parties shall be guided by the
following fundamental principles
:

33. Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations; 34. The right of every State to lead its national existence free from external interference, subversion or coercion' 35. Non-interference in the internal affairs of one another; 36. Settlement of differences or disputes by peaceful means; 37. Renunciation of the threat or use of force; 38. Effective cooperation among themselves. [Chapter I, Article 2, Treaty of Amity and
Cooperation in Southeast Asia, Bali, 24 Februaty 19761

The High Contracting Parties shall endeavour to foster cooperation in the furtherance of the cause of peace, harmony, and stability in the region. To this end, the High Contracting Parties shall maintain regular contacts and consultations with one another on international and regional matters with a view to coordinating their views, actions and policies. [Chapter III, Articte 9, TreaQ of AmiQ and Cooperation in Southeast Asia, Bali, 24 February
t e76J

The High Contracting Parties shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations. [Chapter IV, Articte ]3, Treae of Amity and
Cooperation in Southeast Asia, Bali, 24 February 1976J

To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at
ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony. [Chapter
[v, Article 14, TreaQ of Amity and Cooperation in Southeast Asia, Bali, 24 February 1976]

Article

In the event no solution is reached through direct negotiations, the High Council shall take cognizance of the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good offices, or upon agreement of the parties in dispute constitute itself into a committee of mediation inquiry or conciliation. When deemed necessary the High Council shall recommend appropriate measures for the prevention of a deterioration of the dispute or the situation fChapter IV,
15, Treaty of Amity and Cooperation in southeast Asia, Bali, 24 February 1976J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance. [Chapter IV, Article 16, Treaty oJ'Amity and Cooperation in
Southeast Asia, Bali, 24 February 1976J

Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33 (1) of the Charter of the UnitedNations. The High Contracting Parties which are parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the
Charter of the United Nations. [Chapter IV, Article 17, Treae of Amie and Cooperation in Southeast
Asia, Bali, 24 February 19761

Member states, individually and collectively, shall take active steps for the early establishment of the Zone of Peace, Freedom and Neutrality. Jrar. 2, Declaration of ASEAN
Concord, Bali, 24 February 1976J

The following programme of action as a framework for ASEAN cooperation.

A. Political
XXX

Signing of the Treaty of Amity and Cooperation in Southeast Asia.


Settlement of intra-regional disputes by peaceful means as soon as possible.

Immediate consideration of initial steps towards recognition of and respect for the Zone of Peace, Freedom and Neutrality wherever possible.

Improvement

of ASEAN

machinery

to

strengthen

political

cooperation.

[Declaration of ASEAN Concord, Bali, 24 February 1976J

Member states, in the spirit of ASEAN solidarity, shall rely exclusively on peaceful processes in the settlement of intra-regional differences. [Par. 6, Declaration of ASEAN
Concord, Bali,24 February 1976J

Member states shall strive, individually and collectively, to create conditions conducive to the promotion of peaceful cooperation among the nations of Southeast Asia on the basis of mutual respect and mutual benefit. [Par.7, Declaration of ASEAN Concord, Bati, 24
February 1976J

l19

Working Group for an ASEAN Human Rights Mechanism

The Meeting also reaffirmed ASEAN's commitment to the Kuala Lumpur Declaration on the Establishment of the Zone of Peace, Freedom and Neutrality in Southeast Asia. The Meeting adopted the Report of the Senior Ofhcials Committee on the Zone of Peace, Freedom and Neutrality. It was agreed that ASEAN countries would continue their deliberations on the various initial steps already proposed and to consider further initiatives which would create conditions conducive for the establishment of the Zone of Peace, Freedom and Neutrality free from any form or manner of interference by outside Powers. [Par. 18, Joint Communique of the ])th ASEAN Ministerial Meeting, Singapore, 5-B July 19771

The Foreign Ministers reviewed the situation in Southeast Asia and reiterated the desire of ASEAN countries to promote peaceful and mutually beneficial relations with all countries, including Kampuchea, Laos and Vietnam, on the basis of mutual respect for each other's sovereignty and territorial integrity, and of non-interference in each other's internal affairs. [Par. 19, Joint Commtrnique of the 10'h ASEA]V Ministerial Meeting, Singapore, 5-8 Juty
1e7U

The Meeting reviewed developments in the Middle East and expressed its support for a just and peaceful solution that would take into account the legitimate rights and interests of all States concerned including the withdrawal from illegally occupied Arab territories, as well as the inalienable rights of the Palestinian people, in accordance with relevant resolutions of the United Nations. In this connection, it welcomed the new initiatives towards an early solution of the conflict. [Par. 21, Joint Communique of the I7't' ASEAN
Ministerial Meeting, Singapore, 5-B July 19771

The Foreign Ministers expressed their concern over the continued intransigence of racist minority regimes in Southern Africa which constituted a threat to international peace and security. They reiterated their full support for the principles of self-determination and for the struggle for majority rule in Southem Africa in accordance with the principles and purposes of the United Nations Charter and the relevant resolutions of the United Nations. [Par. 22, Joint Communique of the ]0't' ASEAN Ministerial Meeting, Singapore, 5-B Juty 1977J

The Foreign Ministers reviewed developments in the Southeast Asian region and noted with concern the continuing conflict between Vietnam and Kampuchea, as well as the growing tension between the People's Republic of China and Vietnam. They expressed the hope that these problems would be resolved through peaceful means in the near future by the countries concemed. [Par. 10, Joint Communique of the ]l't'ASEAN Ministerial Meeting,
Pattaya, Thailand, l4-16 June 19781

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers reaffirmed the commitment of ASEAN countries towards the reahzation of the Zone of Peace, Freedom and Neutrality in Southeast Asia. In this connection, they noted with satisfaction the contacts being undertaken between ASEAN member countries and other countries of the region, and agreed that these contacts be continued. They also agreed that ASEAN countries should continue with efforts to gain the recognition of ZOPFAN. [Par. tI, Joint Communique of'the I]'h ASEAN Ministerial Meeting,
Pattaya, Thailand, I4-16 June 19781

The Foreign Ministers reaffirmed the Joint Statement of the Special Meeting of ASEAN Foreign Ministers on the Current Political Development in the South East Asian Region, Bangkok, 12 January 1979, which had strongly deplored the armed intervention against the independence, sovereignty and territorial integrity of Kampuchea. The Foreign Ministers reiterated their support for the right of the Kampuchean people to determine their future by themselves, free from interference or influence from outside powers in the exercise of their right of self-determination and called for the immediate and total withdrawal of the foreign forces from Kampuchean territory. They noted that ASEAN's constructive effort to restore peace and stability in the area have received the overwhelming support of the international community, particularly the support of a large majority of the U.N. Security Council members. [Par. 14, Joint Communiqtte of the ]2'h ASEAN
Ministerial Meeting, Bali, Indonesia, 28-30 June 19781

The Foreign Ministers expressed their belief that the stability of each member state and of the ASEAN region is an essential contribution to intemational peace and security. [Par. 18, Joint Communique of the I2'h ASEAN Ministerial Meeting, Bali, Indonesia, 28-30 June l97Bl

The Foreign Ministers reaffirmed the determination of ASEAN member countries to continue to work for the realization of the Zone of Peace, Freedom and Neutrality (ZOPFAN) in South East Asia. In view of the armed conflicts and hostilities in Indochina which constitute a destabilising factor in the region, they agreed that the developments serve to emphasize even more strongly the relevance of and the need for ASEAN to pursue with greater vigor the objectives of ZOPFAN. 1rar. 19, Joint Communique
of the I2'h ASEAI{ Ministerial Meeting, Bali, Indonesia, 28-30 June l97BJ

The Foreign Ministers reiterated their conviction that only on the basis of respect for the independence, sovereignty and territorial integrity of states and of non-interference in their internal affairs, will there be durable peace and stability in the region. They accordingly agreed that ASEAN member countries should continue their efforts towards gaining recognition of and respect for ZOPFAN, and to impress upon all concetned, including the countries of Indochina, the advantages and relevance of ZOPF AN. [Par. 2 t
,

Joint Communique of the l2'h ASEAN Ministerial Meeting, Bali, Indonesia, 28-30 June l97BJ

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Working Group for an ASEAN Human Rights Mechanism

They reaffirmed their commitment to world peace, intemational cooperation

and

understanding, economic development, social justice and human rights. They further emphasized the need for all states to observe strictly the following principles: respect for sovereignty, territorial integrity, and independence of states; non-resort to force or threat of the use of force and non-interference in the intemal affairs of other states. [Par. I, Joint
Statement on Political Issues, Kuala Lumpur, B March 19801

The Foreign Ministers of the ASEAN member-states and the Foreign Ministers of the member-states of the European Community expressed great concem over open armed interventions by foreign powers against two non-aligned countries in Asia, namely the continuing Vietnamese intervention in Kampuchea and the Soviet military intervention in Afghanistan. [Par. 3, Joint Statement on Political Issues, Kuala Lumpur, B March 1980]

The Foreign Ministers of the ASEAN member-states and the Foreign Ministers of the member-states of the European Community noted with deep concern that the peoples in the Indo-Chinese peninsula, after many years of war and suffering, have yet to find peace and that this dangerous situation may be aggravated and spread to neighboring countries. They agreed that peace and stability in the Southeast Asia are essential. [par. 6, Joint
Stalement on Political Issues, Kuala Lumpur, 8 March 19801

The ASEAN member-countries were motivated by the desire to ensure that all countries of the region can enjoy peace and stability, based on the respect for the principles of the peaceful settlement of disputes, non-interference in the internal affairs of other states and freedom from subversion or coercion by outside powers, and the desire to secure Southeast Asia as a region free from interference by outside powers. fPar. 8, Joint Statement
on Political Issues, Kuala Lumpur, B March 1980J

The Foreign Ministers discussed at length the Kampuchean situation and noted with grave concern that despite the constructive efforts by ASEAN and the international community, the Kampuchean armed conflict remained unsolved. The Foreign Ministers reiterated that the Kampuchean problem is not the making of any of the ASEAN member countries and that none of them is a party directly involved. As countries belonging to the region, their security interests are directly threatened by the conflict in Kampuchea. They expressed their particular concern over the continued presence of Vietnamese troops in Kampuchea and the denial of the right of self-determination for the Kampuchean people. They also expressed regret at the lack of positive response from Vietnam to the calls by ASEAN and the international community for attaining a durable political solution to the Kampuchean conflict. They viewed with serious concern that the increasing rivalry of outside powers in the Southeast Asian region which aggravates the existing tensions and undermines the earnest efforts of ASEAN member countries to seek a durable political solution to the conflict. In this context, the Foreign Ministers reaffirmed their commitment to Resolution 34122 of the tIN General Assembly on the Situation in Kampuchea of 14tl'November, 1979, the ASEAN Joint Statements on the
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Kampuchean conflict, and the ASEAN-EEC Joint Statement on Political Issues, of 7th March, 1980. To this end, they reiterated their request to the United Nations Secretary General to convene an intemational conference on Kampuchea. [Par. ]5, Joint Communique
of the I3'h ASEAN Ministerial Meeting, Ktrala Ltrmpur, 25-26 Jtrne i9801

The Foreign Ministers stressed that the situations in Kampuchea and Afghanistan have as a common denominator the imposition of will on small independent States by loreign powers through the use of force in open violation of international law, thereby threatening international peace and security. They reiterated their strong condemnation of the armed intervention against these two countries by foreign powers. The Foreign Ministers expressed their grave concern over Soviet military intervention in Afghanistan, a non-aligned and developing country, and deplored the continued presence of Soviet forces in that country, in violation of principles enshrined in the United Nations Charter and in total disregard of the views of the international community. In this regard the Foreign Ministers reiterated their strong support of UN Resolution No. ES-6/2 on the Situation in Afghanistan which called for the immediate, unconditional and total withdrawal of foreign troops from Afghanistan and to enable the Afghan people to decide their own political future without foreign interference, coercion or intimidation. The Foreign Ministers were briefed on the deliberations and outcome of the recent 1lth Session of the Islamic Conference of Foreign Ministers on this issue by the Foreign Ministers of Indonesia and Malaysia. The Foreign Ministers expressed strong support for the earnest efforts of the Organisation of Islamic Conference to seek ways and means of finding a comprehensive solution to the grave crisis in Afghanistan. They appealed to all States to respect the sovereignty, territorial integrity and political independence of Kampuchea and Afghanistan. They also toolq, the view that there must be total withdrawal of foreign forces from Kampuchea and Afghanistan and that the crises in the two countries could be overcome through the emergence of an independent, neutral, nonaligned Kampuchea and Afghanistan, free from foreign interference. [Par. ]7, Joint Commrrnique of the I3't' ASEAN Ministerial Meeting, Kuala Lumpur, 25-26 June l9B0l

The Foreign Ministers expressed their conviction that the solution of the Kampuchean conflict is vital to the implementation of ZOPFAN which will contribute to the peace and security of the Southeast Asian region and ensure for all States in the region their independence and sovereignty and freedom from foreign interference. [Par. 2], Joint
Commtrniqtre of the I3't'ASEAN Ministerial Meeting, Kuala Lumpur,25-26 June 19801

The Foreign Ministers reiterated their determination to further work towards the realization of the objectives of ZOPFAN. 1far. 24, Joint Communique of the I3't' ASEAN
Ministerial Meeting, Kuala Lumpur, 25-26 June 19801

The Foreign Ministers noted that the international community has recognized ASEAN's role as an essential element in the maintenance of international peace and security. They expressed satisfaction that the far-reaching decisions of the Meeting of ASEAN Heads of
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Working Group for an ASEAN Human Rights Mechanism

Govemment in Bali in 1976, have significantly contributed to the strengthening of peace and stability in the region. The Foreign Ministers expressed confidence that ASEAN has a positive role to play in contributing to the political stability and economic viablity of the region. [Par. 16, Joint Communique of the ]4'h ASEAN Ministerial Meeting, Manila, I7-18 June
resrJ

The Foreign Ministers noted with grave concem that despite the constructive efforts by ASEAN and the intemational community, the Kampuchean armed conflict remained unresolved. The Foreign Ministers reiterated the concern that the security interests of ASEAN States and the peace and stability in the region were being directly threatened as a result of the situation in Kampuchea. They also reiterated the view that the Vietnamese invasion of Kampuchea is in gross violation of the principles of the United Nations Charter. They particularly deplored the continued presence of Vietnamese forces in Kampuchea despite the decisions expressed in the United Nations General Assembly Resolutions 34122 and3516, which were overwhelmingly endorsed by the United Nations in 1979 and 1980, respectivel!. [Par. ]8, Joint Communique of the t4'h ASEAN Ministerial Meeting, Manila, l7-lB June I9Bll

The Foreign Ministers reaffirmed that further escalation of the fighting in Kampuchea or incursion of foreign forces into Thailand would directly affect the security of the ASEAN member states, and would endanger the peace and security of the whole region. In this regard, the Foreign Ministers of Indonesia, Malaysia, the Philippines and Singapore reiterated their firm support and solidarity with the Government and people of Thailand, or any other ASEAN country, in the preservation of its independence, national sovereignty and territorial integrity. [Par.20, Joint Communique of the l4'h ASEA]V Ministerial
Meeting, Manila, l7-18 June 1981J

In order to reach a comprehensive political


(i)

settlement in Kampuchea, the Foreign Ministers urged that the following initial steps, among others, should be taken:
the dispatch of the UN peace-keeping forces to Kampuchea;

(ii) (iii)

the withdrawal of all foreign armed forces from Kampuchea in the shortest time possible under the supervision of the IIN peace-keeping forces; the disarming of all Khmer factions immediately after the completion of the withdrawal of all foreign forces from Kampuchea. [Par. 24, Joint Communique of
the I4'h ASEAN Ministerial Meeting, Manila, t7-18 June

t98tl

The Foreign Ministers took note of the idea of a regional conference as proposed in Ho Chi Minh City on 28 January 1981 as a means of solving problems conceming peace and stability in Southeast Asia. They stressed that the Kampuchean conflict was the root cause of the threat to the peace and stability of Southeast Asia, and as the Kampuchean conflict involved not only countries in the region but also outside powers, it therefore had
t24

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

international dimensions. [Par.


Manila, 17-lB June

25,

Joint Commtrnique of the I4't' ASEAN Ministerial

Meeting,

I98ll

The Foreign Ministers expressed their grave concern over the situation in Kampuchea. They stressed that the continued Vietnamese military occupation of Kampuchea constitutes a serious threat to peace and stability in the whole Southeast Asian region. They reaffirmed their strong conviction that the continued occupation of Kampuchea by Vietnam represents a serious violation of international law and the principles of the United Nations Charter. [Par. 14, Joint Commttniqne of the l5'h ASEAN Ministerial Meeting,
Singapore, 14-16 June 19821

The Foreign Ministers recalled the statement they issued on 11 June 1982 on the situation in Lebanon. They reiterated their condemnation of Israel's aggression against Lebanon. They also reaffirmed their full support for the resolutions of the United Nations Security Council calling for a ceasefire and for the immediate and unconditional withdrawal of Israeli forces from Lebanon. [Par.3], Joint Commtrnique of the 15't'ASEAN Ministerial Meeting,
Singapore, I4-16 June 1982J

The Ministers reaffirmed their commitment to the principles of the IIN Charter and noted with satisfaction the friendly cooperation between their countries in the IIN and other international organizations. They also noted with grave concem the fact that in many parts of the world force was still being used in violation of the IIN Charter and resolutions which call for respect for the principles of sovereign equality of states and self-determination of peoples, for non-interference and non-intervention in the affairs of states, and for refraining from the threat or use of force against territorial integrity of any state. [Par. 5, Joint Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March
1e83J

The Ministers paid special attention to the areas of instability in Asia. In particular, they expressed concern over the armed interventions of foreign powers in two independent and non-aligned countries in Asia, namely Kampuchea and Afghanistan. They deplored the continued presence of Vietnamese forces in Kampuchea and those of the Soviet Union in Afghanistan and the constant refusal of Vietnam and the Soviet Union to heed the appeals of the intemational community for a withdrawal of their troops.

Both cases constitute a violation

of

International Law

and a continued threat to

intemational peace and security and to the stability of the region. They have also caused untold suffering to the peoples of Afgahanistan and Kampuchea and have imposed severe burdens on neighbouring states as a result of the heavy flow of refugees. fPar. 6, Joint
Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March I9B3J

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Working Group for an ASEAN Human Rights Mechanism

They agreed that the situation in Afghanistan remains a major cause of international tension and continues seriously to affect the stability of the region and of the world as a whole. [Par. 18, Joint Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March
I 983J

The Ministers stressed the urgency for

a Middle East peace settlement and called on all seize the present opportunity for progress towards a comprehensive, just and lasting peace. [Par. 2], Joint Declaration of the Fourth ASEAN-EC

parties

to the dispute to

Ministerial Meeting, Bangkok, 25 March 19831

The Foreign Ministers recalled that the Declaration called for negotiations on, inter alia, an agreement on cease-fire by all parties and withdrawal of all foreign forces from Kampuchea under the supervision of a LIN force; appropriate affangements to ensure that armed Kampuchean factions would not be able to prevent or disrupt the holding of free elections; appropriate measures for the maintenance of law and order in Kampuchea; the holding of free elections under IIN supervision which will allow the Kampuchean people to exercise their right of self-determination in which all Kampucheans will have the right to participate. Such a comprehensive political settlement would take into account the security interests of the countries in the region. The Foreign Ministers also recalled that there had been registered the need for international economic assistance programmes for Kampuchea and the other states of the region to be formulated following the peaceful resolution of the Kampuchean conflict. [Par. ]3, Joint Communique of the t6'h ASEAN Ministerial
Meeting, Bangkok, 24-25 June 19831

The Foreign Ministers expressed their firm belief that a comprehensive political solution of the Kampuchean problem is essential to the establishment of a Zone of Peace, Freedom and Neutrality in Southeast Asia which would ensure the independence, sovereignty and territorial integrity of all States in the region. They reiterated their determination to continue all possible efforls towards the realization of ZOPFAN, including studies of measures to realize this objective. [Par.23, Joint Communique of the t6'h
ASEAN Ministerial Meeting, Bangkok, 24-25 June I983J

The Foreign Ministers called on the international community to prevail on Vietnam to cease and desist from conducting further military operations against innocent Kampuchean civilians. [Par. 36, Joint Communique of the ]7'h ASEAN Ministerial Meeting, Jakarta,
9-10 July 1984J

The Foreign Ministers expressed their deep concern with the continuing denial of the inalienable rights of the Palestinian people. They urged that these rights be speedily restored in accordance with the relevant United Nations resolutions. They were also deeply concemed with the Iran-Iraq war and expressed the hope that it would end as soon
t26

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

as possible

of the I7'h ASEAN Ministerial Meeting, Jakarta, g-10 July I9B4l

in order to promote peace and stability in that region. [Par. 72 Joint Communique

The ASEAN Foreign Ministers deplore the continuing military offensive launched by Vietnam along the Thai Kampuchean border which has resulted in renewed hardship and suffering for tens of thousands of displaced Kampucheans as well as affected Thai villagers. They note with concern the particular severity and scope of this offensive. The Foreign Ministers condemn the numerous incursions that have been made by the Vietnamese military forces into Thailand along the Thai-Kampuchean border in blatant violation of Thailand's sovereignty and territorial integrity. They call for the immediate cessation of such illegal and hostile actions which have exacerbated tensions in the region. They reaffirm the solidarity of the ASEAN countries with Thailand in the face of such external provocations and in the exercise of its legitimate right of self-defence. The Foreign Ministers call upon the international community to respond urgently to the pressing humanitarian needs along the Thai-Kampuchean border. [Par. t, ASEAI{ Statement
on Kampuchea Issued by the ASEAN Foreign Ministers, Bangkok, l2 February 1985J

The Foreign Ministers reaffirmed their principled stand that a just and lasting peace in West Asia could only be achieved through the restitution of the legitimate and inalienable rights of the Palestinian people in accordance with the relevant United Nations resolutions. They urged the convening of an Intemational Conference on Palestine and the implementation of the Programme of Action for the Achievements of Palestinian Rights issued in Geneva in 1983. The Foreign Ministers expressed concem at the undiminished tragedy in Lebanon and urged all parties concerned to respect its sovereignty and territorial integrity. The Foreign Ministers viewed with deep concem the continuing war between Iran and Iraq, and called on both countries to end their hostilities and accept peaceful solution in the interest of regional and international peace. [Par. 69,
Joint Commttnique of the lB'h ASEAN Ministerial Meeting, Kuala Lumptrr,
9

July

19851

The Foreign Ministers reviewed the situation in Kampuchea and expressed their deep concern on the continued illegal occupation of Kampuchea, now in its eighth year, by Vietnamese military forces. They reaffirmed their conviction that Vietnam's military occupation of Kampuchea is a violation of the United Nations Charter and international law, of the right of the Kampuchean people to self-determination and of the principles of non-interference in the intemal affairs of a sovereign state. At the same time, it poses a grave threat to the peace and stability of Southeast Asia, thus endangering international
peace and security. [Par. ]5, Joint Communiqtte
June 1986/
o.f

the l9'h ASEAN Ministerial Meeting, Manita, 23-28

The Foreign Ministers viewed with deep concem the continuing escalation of the global arrns race, particularly in its nuclear dimension. They expressed their sincere hope that the resumed negotiations between the United States of America and the Union of Soviet Socialist Republics in Geneva will yield early and concrete results and welcomed the
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Working Group for an ASEAN Human Rights Mechanism

constructive proposals recently tabled at that forum to bring about genuine, verifiable and balanced arrns reductions. The Foreign Ministers called on the nuclear-weapon states, especially the two major powers, in their negotiations to build on past agreements rather than to abandon them. They specifically appealed to the major powers to continue to abide by their unilateral commitments to observe the terms of the 1979 SALT II accord. The Foreign Ministers reiterated their call on the nuclear-weapon states to take into account, not only their own security concerns but also those of the entire international

community, especially the developing non-nuclear-weapon states. [Par. 75,


Communique of the I9'h ASEAN Ministerial Meeting, Manila, 23-28 June t9861

Joinl

The Foreign Ministers expressed their deep concern over the deteriorating situation in West Asia. They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, independence and sovereign statehood, and the restoration of Arab sovereignty over their occupied territories. They continue to believe that the convening of an intemational conference on Palestine would offer the most appropriate avenue towards a just and comprehensive resolution to the Arab-Israeli conflict and durable peace in West Asia. The Foreign Ministers renewed their appeal for an end to the tragic war between Iran and Iraq and for a just and honourable resolution of their conflict. [Par.78, Joint Communique of
the I9't' ASEAN Ministerial Meeting, Manila, 23-28 hrne 1986J

They agreed to continue to promote the search for a negotiated settlement to the conflict in Kampuchea in accordance with the resolutions adopted by the United Nations and the International Conference on Kampuchea, which call for the total withdrawal of all foreign troops, the right of the Kampuchean people to determine their own destiny free from outside interference, and the restoration and preservation of Kampuchea's independence, sovereignty and territorial integrity. They noted that Vietnam had consistently rejected proposals to resolve the Kampuchean problem, including the Marchl986 proposal of the Coalition of Democratic Kampuchea under Prince Sihanouk, which together with principles endorsed by the [IN, the ICK and ASEAN, contain constructive elements for a peaceful settlement. [Par.2, Joint Declaration of the Sixth ASEANEC Ministerial Meeting, Jakarta, 20-21 October 19861

The Ministers agreed that the occupation of Afghanistan by Soviet forces was of grave conceffl to the intemational community and continued to be a major source of international instability. ASEAN and EC Ministers paid tribute to the resistance of the Afghan people against foreign occupation. The key to peace lies in the complete and rapid withdrawal of Soviet forces in accordance with UN resolutrons. [Par. 4, Joint
Declaration o/'the Sixth ASEAN-EC Ministerial Meeting, Jakarta, 20-2 1 October 1986J

They viewed with conceffr the unresolved Arab-lsraeli conflict and called for renewal efforts to achieve a just, comprehensive and lasting settlement by negotiations. On the situation in Lebanon, they reaffirmed their support for efforls to re-establish full
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Declaration of the Sixth ASEAN-EC Ministerial Meeting, Jakarta, 20-21 October 1986J

sovereignty, territorial integrity, national independence and unity. They called on Iran and Iraq to cease hostilities and negotiate the resolution of their dispute. [par. 7, Joint

Kampuchea constituted a flagrant violation of the fundamental principles of international law embodied in the Charter of the United Nations. Vietnam's military occupation of Kampuchea, now in its ninth year, also violated the principles of noninterference in the internal affairs of sovereign states and the right of the Kampuchean people to self- determination. [Par. ]8, Joint Communique o.f the 20'h ASEAN Ministerial Meeting,
Singapore, I 5-l
6

The Foreign Ministers reiterated ASEAN's conviction that Vietnam's military occupation

of

June I 9871

The Foreign Ministers reaffirmed ASEAN's determination to pursue efforts towards the realization of the Zone of Peace, Freedom and Neutrality (ZOPFAN) in Southeast Asia, while recognizing that the Kampuchean problem remains an obstacle to the attainment of this objective. [Par. 33, Joint Communique of the 20/h ASEAN Ministerial Meeting, Singapore, l5-16
June 19871

The Foreign Ministers, despite their persistent and grave concem with the continuing escalation of the global arrns race, particularly in its nuclear dimension, noted with interest some encouraging developments in multilateral and bilateral arms limitation and disarmament endeavours including the bilateral negotiations on intermediate range nuclear forces in Geneva. They appealed to all countries, particularly the major powers, to demonstrate political will and to engage in genuine dialogue and negotiations towards the removal and destruction of nuclear and chemical weapons. To this end, the major powers should take into account the security concerns of all states and not merely their own global strategic interests. [Par. 65, Joint Communique of the 20'h ASEAN Ministerial Meeting,
Singapore, I 5-l
6

June 1987J

The Foreign Ministers viewed with concern the unresolved Arab-lsraeli conflict. They reiterated their full support for the legitimate struggle of the Palestinian people to exercise their inalienable rights, including the right to self-determination, and the resolution of Arab sovereignty over their occupied territories. The Foreign Ministers called for renewed efforts to achieve a just, comprehensive and lasting settlement by negotiations. Towards this end, they expressed support for the convening of the International Peace Conference on the Middle East under the auspices of the United Nations. As regard the lran-Iraq War, the Foreign Ministers renewed their appeal for an end to the war and called for a just and honourable solution of the conflict. [Par. 68, Joint
Communique of the 20'h ASEAN Ministerial Meeting, Singapore, l5-16 June 1987J

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Working Group for an ASEAN Human Rights Mechanism

Intra-regional disputes shall be settled by peaceful means in accordance with the spirit of the Treaty of Amity and Cooperation in Southeast Asia and the United Nations Charter.
[Par. 4, Manila Declaration of 1987, Manila, I5 December 1987J

ASEAN shall continue and intensify its efforls in finding a durable comprehensive political solution to the Kampuchean problem in the interest of achieving peace and stability not only in Kampuchea but also for the region as a whole. Positive steps by Vietnam in response to ASEAN's efforts would contribute to such a solution. [Par. 2,
Political Cooperation, Manila Declaration of 1987, Manila, I5 December 1987J

ASEAN shall intensify all efforts towards achieving the early reahzation of a Zone of Peace, Freedom and Neutrality in Southeast Asia (ZOPFAN) in consultation with states outside ASEAN. [Par.4, Political Cooperation, Manila Declaration of 1987, Manila, ]5 December
I

e8U

The Ministers hold the view that, to permit the restoration of genuine peace, the withdrawal of Soviet troops and the unimpeded retum, of refugees must be accompanied by an overall political settlement of the crisis fully involving the Afghan people. [Par. 9,
Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, DuesseldorJ', 2-3 May
19881

The Ministers further condemned all aggressive and destabilizing activities on the part of South Africa against its neighbours in the region and called for the settlement of regional problems by peaceful means. The Ministers called for the independence of Namibia without further delay on the basis of the inalienable right to self-determination in accordance to self-determination in accordance with IIN Resolution 435. [Par. II, Joint Declaration o/'the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, 2-3 May 19881

The Foreign Ministers reviewed the situation in Kampuchea and expressed their deep concern over the continued illegal occupation of Kampuchea by Vietnamese military forces. They reaffirmed their conviction that Vietnam's military occupation of Kampuchea is a violation of the United Nations Charter and international law, of the right of the Kampuchean people to self-determination, and of the principle of non-interference in the internal affairs of a sovereign state. At the same time, the invasion and continued occupation of Kampuchea by Vietnam, already in its tenth year, poses a grave threat to the peace and stability of Southeast Asia, thus endangering international peace and
security. [Par.
7,

Joint Communique of the 2t'' ASEAN Ministerial Meeting, Bangkok,4-5 July IgBB]

The Foreign Ministers reviewed and assessed the latest developments on the Cambodian question and the continuing efforts to find a comprehensive, just and durable solution. They reaffirmed that such a solution could only be achieved by thoroughly preparing the resumption of the negotiating process of the Paris International Conference on Cambodia
130

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

(PICC) and not by military means. However, they noted with regret that the conflicting parties themselves so far have not sufficiently shown the necessary political will for a negotiated settlement. [Pars. It, Joint Communique o.f the 23*t ASEAN Ministerial Meeting, Jakarta,
24-25 July 1990/

The Ministers emphasizedthat the immediate post war phase is an opportune mornent for all concemed to address the fundamental causes of instability within the region in particular the Arab-Israeli conflict and the Palestinian question. They agreed that efforts to foster relations of mutual trust and cooperation between parties concerned with the Arab-Israeli conflict would promote dialogue and confidence building. Srar. 27, Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Lurembourg, 30-31 May l99lJ

In the field of political and security cooperation, we have agreed that:

-ASEAN welcomes accession by all countries in Southeast Asia to the Treaty of Amity and Cooperation in Southeast Asia, which will provide a common framework
for wider regional cooperation embracing the whole Southeast Asia;

-ASEAN will also seek the cognizance of the United Nations for the Treaty through such means as an appropriate Resolution. This will signify ASEAN's commitment to the centrality of the LN role in the maintenance of international peace and security as well as promoting cooperation for socio- economic development; ASEAN will seek to realise the Zone Peace, Freedom, and Neutrality (ZOFPAN) and a Southeast Asian Nuclear Weapon Free Zone (SEANWFZ) in consultation with friendly countries, taking into account changing circumstances; ASEAN will closely cooperate with the United Nations and the international community in ensuring the full implementation of Peace Agreements signed in Paris in October 1991.

ASEAN will participate actively in efforts to ensure that the United Nations is a key
instrument for maintaining international peace and security; and

ASEAN will encourage all efforts to strengthen the United Nations, including its role and capabilities in peacekeeping and peacemaking, in accordance with the United Nations
Charter. [Pars. 3-4, Singapore Declaration of 1992, Singapore,
28 January 1992J

The Foreign Ministers expressed deep concern over the deteriorating situation in BosniaHerzegovina and called for immediate cessation of hostilities. They urged all parties to extend their full cooperation to the United Nations and all peace initiatives. [par. t t, Joint Commtmique o.f the 25't' ASEAN Ministerial Meeting, Manila, Philippines, 2l-22 Juty 1992J

l3l

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers expressed the view that any adverse development in the South China Sea directly affects the peace and security in the region. They emphasizedthat any territorial or jurisdictional dispute should be resolved by peaceful means, without resort to force. They urged all parties concemed to exercise self-restraint with a view to creating a positive climate for the resolution of these disputes. [Par. 17, Joint Communique of
the 25'h ASEAN Ministerial Meeting, Manila, Philippines, 21-22

Juiy

19921

The Foreign Ministers also expressed their full support for the United Nations Transitional Authority in Cambodia ([INTAC) which is playing a pivotal role in the peace process. They also expressed appreciation to countries which contributed
Joint Communique of the

resources including manpower to the TINTAC to ensure its successful operation. [Par.
25'h ASEAN

22,

Ministerial Meeting, Manila, Philippines, 21-22 July 1992J

The Foreign Ministers reiterated their support for the continuation of the Middle East peace process under the auspices of the United Nations to address the Palestinian issue and the Arab-Israeli conflict in accordance with the IIN Security Council Resolutions 242

and 338 and other relevant resolutions. On the situation in Lebanon, the Foreign Ministers reaffirmed their support for the full implementation of the 1989 Tariff Agreement and the tIN Security Council Resolution 425. [Par.26, Joint Communique of the
25'h

ASEAII Ministerial Meeting, tvtanita, Phitippines, 2t-22 Jttty 1992J

EMPHASIZE the necessity to resolve all sovereignty and jurisdictional issues pertaining to the South China Sea by peaceful means, without resort to force; [par. t, ASEAN
Declaration on the South China Sea, Manila, Philippines, 22 July 19921

The Ministers expressed grave concern over the tragic situation in former Yugoslavia. They condemned the massive violation of human rights and the wanton disregard of the basic precepts of international humanitarian law. They called for an immediate end to the obnoxious practice of "ethnic cleansing" principally in Bosnia and Herzegovina, with the return of displaced persons to their homes, and for the dismantling of campS, prisons, and other places of detention. [Par. 36, Joint Declaration of the ]0'h ASEAN-EC Ministerial Meeting,
Manila, Philippines, 29-30 October 1992J

The Foreign Ministers welcomed the United Nations resolution on the Treaty of Amity and Cooperation in Southeast Asia which was adopted by consensus at the 46th LIN General Assembly in 1992. The Treaty is significant in that it establishes a code of conduct and provides a mechanism for peaceful resolution of disputes in the region. They commended the principles in the Treaty as a basis for preventive diplomacy in the region. The Treaty also contributes to the community-building in the Southeast Asian region. [Par. 5, Joint Communique of the 26'h ASEAN Ministerial Meeting, Singapore, 23-24 htty 1993J

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They called on the IIN Security Council to act decisively to halt the Serbian aggression, reverse it through withdrawals from all territories occupied by the use of force, "ethnic cleansing" or by any other means, and fully restore the sovereignty, unity and territorial integrity of Bosnia-Herzegovina. [Par. 14. Joint Communique of the 26'h ASEAN Ministerial
Meeting, Singapore, 23-24, July 1993J

The Foreign Ministers noted and welcomed ASEAN's increasingly central role in fostering political and security cooperation in Southeast Asia and the Asia-Pacific,
through initiatives such as the historic inaugural meeting of the ASEAN Regional Forum (ARF) to be held in Bangkok on 25 July 1994. The ARF could become an effective consultative Asia-Pacific Forum for promoting open dialogue on political and security cooperation in the region. In this context, ASEAN should work with its ARF partners to bring about a more predictable and constructive pattem of relations in the Asia-Pacihc.
[Par. 2, Joint Communique of the
27'h ASEAN

Ministerial Meeting, Bangkok, Thailand, 22-23 Juty 1994J

The Foreign Ministers reaffirmed their commitment to ASEAN's principles and objectives on regional peace and security, particularly those contained in the ASEAN Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) of l9ll, the Treaty of Amity and Cooperation in Southeast Asia, as well as the concept of Southeast Asia Nuclear Weapon Free Zone (SEANWFZ). They reiterated their determination to
continue working towards the early realizatron of such principles and objectives through the effective implementation of ASEAN's "Programme of Action for ZOPFAN." They noted the growing recognition for the Treaty of Amity and Cooperation in Southeast Asia and expressed their intent to facilitate association with the Treaty by non-regional states. They also noted the progress made in resolving legal and technical aspects of the draft Treaty on Southeast Asia Nuclear Weapon Free Zone (SEANWFZ). Jrar. 4, Joint
Communique of the 27'h ASEAN Ministerial Meeting, Bangkok, Thaitand, 22-23 July 19941

They urged Israel and the other parties directly involved in the Middle East question to intensify their engagement in the peace process to achieve an expeditious, just and peaceful settlement. [Par. 11, Joint Communique of the 27't'ASEAN Ministerial Meeting, Bangkok,
Thailand, 22-23 July 1994J

When differences exist, the Ministers reiterated that the spirit of dialogue and cooperation between EU and ASEAN should continue and prevail in order to achieve their settlement in a peaceful and negotiated manner in accordance with the principles of the United Nations Charter. [Par. 20, Joint Declqration the ] l't' ASEAN-EU Ministerial Meeting, Karlsnrhe,
Germany, 22-2 j September 19941

The Ministers deplored the continued intransigence of Bosnian Serbs and expressed their concem over the grave situation arising from their rejection of the peace plan of the Contact Group. The Ministers welcomed the Bosnian Government's acceptance of the

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peace plan and the decision of President Milosevic to close the border with BosniaHerzegovina and accept international monitoring. The Ministers reaffirmed that the independence, territorial integrity and sovereignty of the Republic of Bosnia-Herzegovina must not be compromised. The Ministers strongly condemned the persistent campaign of "ethnic cleansing" perpetrated by the Bosnian-Serb forces in the areas in the Republic of Bosnia-Herzegovina under their control. The Ministers demanded that the Bosnian-Serb forces immediately cease their campaign of "ethnic cleansing". They emphasized that this practice of "ethnic cleansing" constitutes a clear violation of international humanitarian law and poses a serious threat to the peace effort. The Ministers appealed to the international community to mobilise all necessary resources for the rehabilitation of Bosnia-Herzegovina and its reconstruction, once a peace plan has been granted. [par. 28, Joint Declaration of the I I'h ASEAN-E\L Ministerial Meeting, Karlsruhe, Germany, 22 -23 September
r

ee4/

The Ministers welcomed the agreed statement reached between the USA and the DPRK in Geneva, 12 August 1994, and expressed their hope for a successful continuation of the US-DPRK dialogue and a resumption of the inter Korean talks in the near future. The Ministers remained deeply concerned about the unresolved nuclear problem on the Korean Peninsula and expressed the hope that a solution to the nuclear issue be found soon in full compliance with international obligations and the joint statement on the denuclearisation of the Korean Peninsula. [Par.3t, Joint Declaration of the ]l'h ASEAII-E|
Ministerial Meeting, Karlsruhe, Germany, 22-23 September 1994J

The Ministers welcomed the ASEAN Declaration on the South China Sea that called for the resolution of disputes by peaceful means through negotiations. They noted the holding of bilateral talks between certain countries concerned and the multilateral discussions in the series of Workshops on Managing Potential Conflicts in the South China Sea organised by Indonesia have positively contributed towards stabilising the situation in the South China Sea. [Par.32, Joint Declaration of the Il'h ASEAN-EU Ministerial
Meeting, Karlsruhe, Germany, 22-23 September 1994J

We call upon all parties to refrain from taking actions that destabilize the region and further threaten the peace and security of the South China Sea. We specifically call for the early resolution of the problems caused by recent developments in the Mischief Reef.
[Par. 3, Statement by
March 19951
the ASEAN Foreign Ministers on the Recent Development in the South China Sea,

]8

They encouraged all parties concerned to reaffirm their commitment to the principles contained in the 1992 ASEAN Declaration on the South China Sea, which urges all claimants to resolve their differences by peaceful means and to exercise self-restraint. They also called on them to refrain from taking actions that could destabilise the region, [Par. 9, Joint Communique of the 28'h ASEAN Ministerial Meeting, Bandar Seri Begawan, Brunei
Darussalam, 29-30 July 1995J
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ASEAN shall continue to actively participate and cooperate in various regional and intemational fora to enhance peace, security and prosperity in Asia and the Pacific and the world. [Par.6, Bangkok Sttmmit Declaration of 1995,5'h ASEAN Summit, Bangkok, Thaitand, t5
December 1995J

ASEAN shall continue to play a central role, in cooperation with other participants, in developing the ASEAN Regional Forum (ARF) into an effective and meaningful process for ensuring peace and security in the Asia-Pacific region as conceived in the ASEAN Concept Paper on the ARF; [Par. 7(e), Bangkok Summit Declaration of 1995, 5'h ASEAN Summit,
Bangkok, Thailand, I5 December 19951

ASEAN shall seek an early, peaceful resolution of the South China Sea dispute and shall continue to explore ways and means to prevent conflict and enhance cooperation in the South China Sea consistent with the provisions of the TAC and the ASEAN Declaration on the South China Sea of 1992 as well as intemational law including the United Nations Convention on the Law of the Sea; [Par. 7(fl, Bangkok Summit Declaration of 1995, 5'h ASEAN
Strmmit, Bangkok, Thailand, l5 December 1995J

ASEAN shall explore ways and means to enhance cooperation with the United Nations, with the view to promoting peace and stability in the region. ASEAN shall also work towards making the United Nations a more equitable, effective and relevant body for promoting peace and prosperity in the region and globally in the post-Cold War era. ASEAN shall give particular attention towards the effort to making the membership of the Security Council more reflective of the prevailing balance among nations; to enhancing the capacity and effectiveness of the world body to carryr out its peace-making, peace-keeping, peace-building and preventive diplomacy function; and to strengthening the work of the United Nations in the social and economic fields. [Par. 7(l), Bangkok Strmmit
Declaration of 1995,
5't' ASEAN Sltmmit,

Bangkok, Thailand, t 5 December 19951

The Foreign Ministers had a wide-ranging exchange of views on the current regional and international situations. They noted that the political and security situation in the Asia Pacific region was relatively stable and peaceful. They expressed their belief that the relative peace and stability in the region could be largely attributed to the endeavors of ASEAN to cultivate the habits of dialogue, consensus and cooperation among the countries in the region and to encourage the solution of disputes through negotiations and other peaceful means. However, they acknowledge that tensions exist in the region as well as in other parts of the world. In the face of longstanding disputes which, if not successfully managed, could erupt into conflicts that could threaten regional as well as international stability. [Par. ]0, Joint Communique of the 29'h ASEAN Ministerial Meeting, Jakarta,
Indonesia, 20-21 July 19961

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The Foreign Ministers discussed the situation in the Korean Peninsula. They reiterated their belief that the resumption of dialogue between the Democratic People's Republic of Korea and the Republic of Korea was extremely important for peace and security on the Korean Peninsula. The Ministers emphasized the need to establish a peace mechanism and also emphasized that the 1953 Armistice Agreement until then should remain valid. [Par. 13, Joint Communique of the 2g'h ASEAN Ministerial Meeting, Jokarta, Indonesia, 20-2 I Jttty 1996J

The Foreign Ministers on the one hand welcomed the progress achieved in the Middle East peace process since August last year, in particular in the implementation of the PLOIsraeli Declaration of Principles on Interim Self Government Arrangement of 1993 as well as the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip of 28 September 1995, the first Palestinian elections on 20 January 1996 and the beginning of the final status negotiations between the Palestinians and the Israelis in Taba in May 1996. On the other hand, the Ministers viewed with concern the current critical phase of the Middle East peace process following the recent general elections in Israel. In this regard, they stressed the importance of continuing the peace process to restore the rights of the Palestinians, the return of the occupied Arab territories, as well as ensuring balanced and equal security in the region, consistent with the principles agreed upon at the Madrid Conference of 1991, particularly the reciprocal principle of land-for-peace, and the assurance given to all parties. [Par. ]4, Joint Communique of the 29'h ASEAN Ministerial
Meeting, Jakarta, Indonesia, 20-21 July 1996/

We welcomed the progress which has been achieved in the implementation of the Peace Agreement for Bosnia-Herzegovina signed in Paris in December 1995 and in the broader peace process in former Yogoslavia. We reaffirmed our strong support for this implementation and for the economic reconstruction effort throughout BosniaHerzegovina, including making financial contributions where appropriate, in accordance with the obligations undertaken by the authorities in Bosnia-Herzegovina. [par. Il(vii), Joint Declaration of the l2'' ASEAN-EU Ministerial Meeting, Singapore, I3-14 Febntary 1997J

We voiced support for the fundamental principles of a just, comprehensive and lasting settlement in the Middle East, notably "land for peace" and self determination for the Palestinians, with all that this implies. [Par. II(viii), Joint Dectaration of the I2'h ASEAN-EU
Ministerial Meeting, Singapore, l3-14 February 1997J

The Foreign Ministers viewed with deep concem the current deadlock in the peace process in the Middle East. Emphasing the importance of maintaining the momentum of the peace process, they reaffirmed their support for the implementation of all agreements made by parties following the Madrid Conference and, in particular the principle of land for peace, in due compliance with relevant United Nations Resolutions. [Par. 20, Joint Communique of the 30th ASEAN Ministerial
Meeting , Subang Jaya, Malaysia, 24-25 July 19971
136

signed and

all pledges and commitments

ASEAN and Human Rights: A Compilatron of ASEAN Statements on Human Rights

They affirmed that the Charter of the United Nations, the Treaty of Amity and Cooperation in Southeast Asia, the Five principles of Peaceful Coexistence and universally recognized international law should serve as basic norms governing their relations. They reaffirmed in particular their respect for each other's independence, sovereignty and ter:ritorial integrity and the principle of non-interference in the internal affairs of other states. [Par. 2, Joint Statement of the Meeting of' Heads of State/Government of the
Member States of ASEAN and the President of the People's Republic of China, Kuala Ltrmptrr, Malaysia, l6 December 19971

Recognizing that the maintenance of regional peace and stability served the interests of all parties, they undertook to resolve their differences or disputes through peaceful means, without resorting to the threat or use of force, the parties concerned agreed to resolve their disputes in the South China Sea through friendly consultations and negotiations in accordance with universally recognized international law, including the 1982 LIN Convention onthe Law of the Sea. While continuing efforts to find solutions, they agreed to explore ways for cooperation in the areas concerned. In the interest of promoting peace and stability as well as enhancing mutual confidence in the region, the parties concerned agreed to continue to exercise self-restraint and handle relevant differences in a cool and constructive manner. They further agreed not to allow existing differences to hamper the development of friendly relations and cooperation. [Par. 8, Joint
Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the President

of the People's Reptrblic of China, Kttala Lumpur, Malaysia, I6 December 1997J

ASEAN member states and China committed themselves to jointly contribute to the promotion of peace and progress in the Asia-Pacific region and the world, and to respond positively to the challenges of a dynamic regional and international environment. [Par. 2,
joint
President of the People's Republic of China, Kuala Lumptrr, Malaysia, I6 December 19971

Statement of the Meeting of Heads of State/Government of the Member States oJ'ASEAN and the

They expressed their determination to work together to ensure that future generations would live in peace and stability and that social and economic development would be sustained. With a view to fostering an enhanced partnership, they decided to intensify dialogues and exchanges at all levels. They noted in particular the importance of dialogues at high level and decided to hold the Leaders' Meeting as frequently as possible. They recognised the importance of enhancing political and security dialogues
and exchanges. [Par.2, Joint Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the Prime Minister of Japan, Kuala Lumptr, Malaysia, l6 December 1997J

We envision the ASEAN region to be, rn 2020, in full reality, aZone of Peace, Freedom and Neutrality, as envisaged in the Kuala Lumpur Declaration of 1971 .

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ASEAN shall have, by the year 2020, established a peaceful and stable Southeast Asia where each nation is at peace with itself and where the causes for conflict have been eliminated, through abiding respect for justice and the rule of law and through the
strengthening of national and regional resilience.

We envision a Southeast Asia where territorial and other disputes are resolved by
peaceful means.

We envision the Treaty of Amity and Cooperation in Southeast Asia functioning fully as a binding code of conduct for our governments and peoples, to which other states with interests in the region adhere. [ASEAN Vision 2020, Kuala Lumptrr, Malaysia, t5 December 1997J

The Foreign Ministers reaffirmed their support for the Middle East peace process with the framework of United Nations Security Council Resolutions 242,338, and 425. They called on all parties concerned to ensure the continuation of negotiations in all its tracks. Mindful of the concem of the international community on the peaceful resolution of the tensions, the Foreign Ministers urged the implementation of all pledges, commitments and obligations made by parties under the Oslo accord and the Madrid Conference, which significantly stressed the principle of land for peace. [Par. 17, Joint Communique of the 31"'
ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

The interactions between peace and development in the context of open societies, consistent with their respective national identities, shall continue to progress in the region, through the effective mobilization of all pertinent institutions and key social actors, towards fostering of a culture of peace. Indeed, the peaceful resolution of
conflicts, the dialogue between cultures and religions, and the promotion of tolerance are, inter alia, key factors for giving a solid foundation to all endogenous development efforts, ensuring the participation of all. In this framework, education has a key role to play in nurturing shared values and, in particular, education for cooperative peace, social justice, rule of law, tolerance and intemational understanding, which should be fostered at all levels of education. [Par. ]4, Statement on Peace in Southeast Asia on the Eve of the Third Millennium, Jakarta, Indonesia, l2 September 19981

We note ASEAN's success in promoting regional peace and stability, based on the cardinal principles of mutual respect, non-interference, consensus, dialogue and
consultation. This has contributed substantially to many years of rapid economic growth and social development for our nations. We will not be complacent in the maintenance of regional peace but will seek to constantly reinforce the ties among :us. fPar. 3, Ha Noi Declaration of 1998, Ha Noi, Viet Nam, l6 December 19981

Encourage ASEAN Member Countries parties to a dispute to engage in friendly negotiation and use the bilateral and regional processes of peaceful settlement of dispute
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

or other procedures provided for in the U.N. Charter. [Par. Viet Nam, l5 December 1998J

7.12, Ha Noi Plan of Action, Ha

Noi

Enhance efforts to settle disputes in the South China Sea through peaceful means among the parties concerned in accordance with universally recognized international law, including the 1982 U.N. Convention on the Law of the Sea. [Par. 7.]3, Ha Noi Plan of Action, Ha l{oi, Viet Nam, l5 December 1998J

Formulate initiatives to advance, on a consensus basis and at a pace comfortable to all, the ARF process from its cuffent emphasis on confidence building to promoting preventive diplomacy. [Par. 8.3, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 1998J

We shall promote efforts to settle disputes in the South China Sea by peaceful means in accordance with international law, including the 1982 United Nations Convention on the Law of the Sea, and in the spirit of the 1992 ASEAN Declaration on the South China Sea. We call on all parties concemed to exercise restraint and to refrain from taking actions that are inimical to the peace, security and stability of Southeast Asia and the AsiaPacific region. [Par. 30, Ha Noi Declaration of 1998, Ha Noi, Viet Nam, I6 December 1998J

In

reviewing the regional and international political situation, we reiterated our conviction that a stable, strategic relationship among the major powers, particularly China, Japan, Russia and the United States was a vital contributing factor to the peace, security, stability and prosperity of the Asia-Pacific region, especially Southeast Asia.
[Par.
37, Joint Communique of the 32"t ASEAN Ministerial Meeting, Singapore, 23-24

hly

1999J

In reviewing the situation in the South China

Sea, we recognised that several issues and conflicting claims among including the overlapping a source of concern, remained countries involved that remained unresolved. We emphasised the importance of resolving these issues in the interest of peace and stability in the region. We reiterated the need for the disputes to be settled peacefully, in accordance with the recognised principles of international law, including the 1982 United Nations Convention on the Law of the Sea, and to continue to exercise self-restraint in the conduct of activities in the South China Sea. [Par.
39,

Joint Communique of the

32"d

ASEAN Ministerial Meeting, Singapore, 23-24 Juty 1999J

We welcomed recent encouraging statements by the new Prime Minister of Israel to withdraw from Southern Lebanon within the year and to implement the Wye River Agreement in full, thus paving the way for the further return of territory to Palestine National Authority (PNA). We urged the parties concerned to implement all agreements signed and all pledges and commitments made following the Oslo Peace Accords and Madrid Conference, in particular the principle of land for peace, in due compliance with relevant United Nations Resolutions. We also called for an early resumption of
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Working Group for an ASEAN Human Rights Mechanism

negotiations between Israel, Syria, Lebanon and PNA in order to achieve a comprehensive and lasting peace in the Middle East. [Par. 42, Joint Communique of the 32"'l
ASEAN Ministerial Meeting, Singapore, 23-24 July 1999J

We welcomed the agreement reached by India and Pakistan to end hostilities along the Line of Control and urged both sides to resolve the dispute through dialogue. [Par. 43, Joint
Commrtnique oJ'the 32"'t ASEAN Ministerial Meeting, Singapore, 23-24 July 19991

POLITICAL AND SECURITY COOPERATION

14. The Foreign Ministers reviewed the progress of ASEAN's political and security cooperation and noted the efforts made in further strengthening intra-ASEAN relations. They shared the view that the overall security environment in the Southeast Asian region remains stable and peaceful despite the existence of certain challenges. They re-affirmed their commitment to ensuring that ASEAN continues to play a prominent role in the promotion of peace and stability in Southeast Asia and in the wider Asia-Pacific region.
XXX

REGIONAL AND INTERNATIONAL ISSUES

20. The Foreign Ministers had a wide-ranging exchange of views on curent regional and international developments. They noted that the overall security environment was marked by a number of positive developments, including continued economic recovery and greater interactions and exchange between and among regional countries. They were of the view that stable relations among the major powers had been a factor contributing to these positive developments. They stressed that it was particularly important for the major powers to work together with countries of the Asia-Pacific to further enhance peace, stability and prosperity of the region.
XXX

22. The Foreign Ministers reiterated their continuing support for the sovereignty,
territorial integrity and national unity of Indonesia, which includes the Provinces of Aceh and Irian Jaya (Papua). The Foreign Ministers commended the efforts and measures taken by the Indonesian Govemment to restore peace and order. The Foreign Ministers reaffirmed that the stability and prosperity of Indonesia would positively contribute to the peace, stability and prosperity of the Asian region as a whole.
XXX

25. The Foreign Ministers, welcomed the commitment of all parties concerned to resolving disputes in the South China Sea by peaceful means in accordance with the recognized principles of international law, including the United Nations Convention on the Law of the Sea (UNCLOS), as well as to ensuring the freedom of navigation in the
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ASEAN and Human Rights: A Compilation of ASEAN Statemenis on Human Rights

area. They encouraged all parties concemed to continue to exercise self-restraint in the conduct of their activities and refrain from taking any action that may disturb the peace and stability in the area. They recognized the positive contribution of the bilateral and multilateral consultations among the parties concerned at the intergovemmental level, the extensive consultations at the ASEAN-China Dialogue and the regular exchange of views in the ARF, and the ongoing Informal Workshops on Managing Potential Conflicts in the South China Sea and encouraged their continuance.

26.
27.

The Foreign Ministers reaffirmed that peace and stability in the Korean Peninsula was crucial to the security of the region as a whole. . . . The Foreign Ministers reaffirmed their support for the Middle East Peace Process. They welcomed the decision by all parties concerned to continue negotiations at Camp David Middle East Summit, and hoped for a positive outcome. They reiterated the importance of ensuring full implementation of the pledges and commitments made at the Madrid Conference by all parties concerned. (T)hey also called for full implementation of all relevant United Nations Resolutions. [Joint Communique of the 33rd
ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 July 2000J

We held in-depth and wide-ranging discussions on recent regional and intemational political and security developments, particularly situations that affect regional security
environment and noted that the overall security environment remained relatively stable and was marked by a number of positive developments including greater interactions and exchanges between and among countries. We agreed that the stability of relationship among the major powers, particularly the US and China, is important to the region. We reiterated the important role played by the major powers and called upon them to continue to make their contribution to strengthening peace, security, cooperation and development in the region and throughout the world. [Par. 14, Joint Communique of the 34't'
ASEAII{ Ministerial Meeting, Hanoi, 23-24 July 20011

We reviewed developments in the South China Sea and welcomed the progress in the consultations between ASEAN and China towards the adoption of the Code of Conduct in the South China Sea. We encouraged the continued exercise of self-restraint by all the parties concerned and the promotion of confidence building measures in this area and welcomed their commitment to resolving disputes in the South China Sea by peaceful means in conformity with recognized principles of international law including the United Nations Convention on the Law of the Sea (UNCLOS) as well as to ensuring the freedom of navigation in the area. [Par.20, Joint Commtrnique of the 34't'ASEAN Ministerial Meeting, Hanoi,
23-24 July 2001J

We recalled the historic inter-Korean Summit in June 2000 and follow-up steps taken to implement the North-South/South-North Joint Declaration and welcomed continued efforts for positive developments in the Korean Peninsula. We expressed our hope that their momentum would be sustained by all the parties concerned, particularly the

t4l

Working Group for an ASEAN Human Rights Mechanism

Democratic People's Republic of Korea (DPRK) and the Republic of Korea (ROK) with a view to achieving peaceful national reunification and lasting peace on the Korean Peninsula. [Par. 2], Joint Communique of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 Juty 200\J

We reiterated our support to the Middle East Peace Process and expressed our concem over the escalating tension and continuing violence in Gaza and the West Bank. We called for immediate measures to prevent the situation from further deteriorating and called on the parties involved to refrain from resorting to violence and work towards achieving a comprehensive and lasting solution to the Middle East problem. [Par. 22, Joint
Communique of the 34th ASEAN Ministerial Meeting, Hanoi, 23-24 July 20011

We exchanged views on a wide range of political and security issues affecting the region. We noted that the overall security environment in the Southeast Asian region remains stable and peaceful despite the existence of certain challenges. Encouraged by positive developments, we will continue to play an important role in the promotion of peace, stability and economic progress in Southeast Asia and in the wider Asia-Pacif,rc region.
(Par. 34, Joint Communique of the 35'h ASEAN Ministerial Meeting, Bandar Seri Begawan, 29-30 July
2002)

We stressed the importance of maintaining the territorial integrity, sovereignty, and unity of states. In this context, we recognised the need to address threats and challenges posed by issues such as separatism and terrorism. [Par. 35, Joint Communique of the 35'h ASEAN
Ministerial Meeting, Bandar Seri Begawan, 29-30 July 2002J

We were satisfied that the ARF, as the key forum for political and security dialogue in the Asia-Pacific region, continued to make significant progress in addressing regional security concerns, implementing confidence-building measures and beginning exploratory work on Preventive Diplomacy. Given our resolve for ASEAN to maintain its role as the primary driving force, we will continually strengthen the Forum by considering further initiatives and other means including the Forum's expansion to meet the challenges of the evolving strategic security situation. [Par. 37, Joint Communique of the
35'h ASEAN

Ministerial Meeting, Bandar Seri Begawan, 29-30 July 20021

We reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agreed to work towards a Declaration on the Conduct of Parties in the South China Sea. In this regard, we agreed to work closely with China with a view to adopting the Declaration. All parties concerned are encouraged to continue the exercise of self-restraint and we welcomed their commitment to resolving disputes in the South China Sea by peaceful means in conformity with recognised principles of international law including the United Nations Convention on the Law of the Sea (UNCLOS) as well as to ensuring the freedom of navigation in the
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

araa. [Par.40, Joint Communique of the 35'h ASEAN Ministerial Meeting, Bandar Seri Begawan,29-30 July 2002J

We support the continued efforts of the Royal Government of Cambodia to bring the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognised by the Kingdom of Cambodia to trial in accordance with international standards of justice, fairness and due process of law. We recognised, in this connection, the need of the Royal Government of Cambodia and the United Nations to cooperate together and appeal to the international community, to provide assistance in this regard. [Par. 45, Joint Communique of the 35'h ASEAN Ministerial
Meeting, Bandar Seri Begawan, 29-30 July 2002J

We welcomed the readiness of Democratic People's Republic of Korea (DPRK) and the Republic of Korea (ROK) to resume the inter-Korean dialogue and appreciated the role of other parties in bringing this into effect. We encouraged both Koreas to implement further follow-up measures to enhance inter-Korean reconciliation and cooperation in the spirit of the 15 June 2000 North-South Joint Declaration. We called for further promotion of the peace process on the Korean Peninsula and emphasised the importance of holding the second inter-Korean summit. [Par. 47, Joint Communique of the 35'h ASEAN Ministerial
Meeting, Bandar Seri Begawan, 29-j0 July 2002J

We considered peace and stability in South Asia as important to the whole region and beyond. We expressed the hope that India and Pakistan would take all necessary steps to defuse tension. We called on both countries to resume immediate dialogue, strengthen their cooperation and resolve their differences through peaceful means to restore and maintain peace and stability. [Par.48, Joint Communique of the 35'h ASEAN Ministerial Meeting,
Bandar Seri Begawan, 29-30 July 2002J

We expressed concem over the latest developments in the Middle East and condemned the recent Israeli air attack in Gaza resulting in the death of innocent civilians. We reaffirmed our support for the Middle East Peace Process and called on Israel and the Palestinian Authority to resume peaceful negotiations towards a comprehensive and full settlement of the Arab-Israeli conflict. We reiterated the importance of ensuring full implementation of all relevant United Nations resolutions and the pledges and commitments made by both parties at the Madrid Conference and at Sharm El-Sheikh. We welcomed all peace initiatives aimed towards achieving a comprehensive and lasting solution to the Middle East problem. [Par.49, Joint Communique of the 35'h ASEAN Ministerial
Meeting, Bandar Seri Begawan, 29-30 July 2002J

Deeply concerned over the increasingly serious nature of non-traditional security issues such as trafficking in illegal drugs, people-smuggling including trafficking in women and
t43

Working Group for an ASEAN Human Rights Mechanism

children, sea piracy, terrorism, arrns-smuggling, money-laundering, international economic crime and cyber crime, which have become important factors of uncertainty
affecting regional and international security and are posing new challenges to regional and international peace and stability;
Recognizing the complexity and deep-rooted background of the non-traditional security issues and the need to address them with an integrated approach that combines political, economic, diplomatic, legal, scientific and technological and other means; [Joint
Declaration of ASEAN and China on Cooperation in the Field oJ'Non-Traditional Security Issues, Sixth ASEAN-China Summit, Phnom Penh, Cambodia, 4 November 20021

COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region;
XXX

DESIRING to enhance favourable conditions for a peaceful and durable solution of


differences and disputes among countries concerned;

HEREBY DECLARE the following:


The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 IIN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of intemational law which shall serve as the
basic norms governing state-to-state relations; The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect; The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea; The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of intemational law, including the 1982 LIN Convention on the Law of the Sea; The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner. [Declaration on the Conduct of Parties in the South China Sea, Phnom Penh, Cambodia, 4 November
2002J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We re-affirmed our support for the sovereignty, territorial integrity and national unity of Indonesia. We recognized the efforts of the Indonesian Government to restore peace and order in Aceh. We also pledged our support to deny the separatist movement access to means of violence through, among all, preventing arms smuggling into the Aceh province. [Par. 17, Joint Communique of the 36'h ASEAI'I Ministerial Meeting, Phnom Penh, Cambodia,
l6-17 June 2003J

We discussed the recent political developments in Myanmar, particularly the incident of 30 May 2003. We noted the efforts of the Government of Myanmar to promote peace and development. In this connection, we urged Myanmar to resume its efforts of national reconciliation and dialogue among all parties concerned leading to a peaceful transition to democracy. We welcomed the assurances given by Myanmar that the measures taken following the incident were temporary and looked forward to the early lifting of restrictions placed on Daw Aung San Suu Kyi and the NLD members. [Par. IB, Joint
Communiqne of the 36'h ASEAlrl Ministerial Meeting, Phnom Penh, Cambodia, 16-17 June 20031

We reaffirmed the Declaration on the Conduct of Parties in the South China Sea, which we signed with China in Phnom Penh on 4 November 2002, as an important step towards a Code of Conduct in the South China Sea and as a valuable contribution to peace and stability in the region. We stressed the need for observance of the provisions of the Declaration and urged all concerned parties to undertake the confidence-building and cooperative measures called for in accordance with the Declaration. We reiterated our call for continued self-restraint and the avoidance of any action that would complicate the situation in the South China Sea. We emphasized the need for all concerned to seek to deal with the disputes in the South China Sea by peaceful means in conformity with international law, including the United Nations Convention on the Law of the Sea. [Par.
26, Joint Communique of the 36'h ASEAN Ministerial Meeting, Phnom Penh, Cambodia, I6-17 June 20031

We reviewed the achievements of the ASEAN Regional Forum over the past ten years and concluded that the ARF had been a unique and indispensable forum for political and security dialogue and cooperation in the Asia-Pacific. We acknowledged the important responsibility bome by ASEAN as the driving force of the ARF. While reaffirming the need to continue our focus on CBMs as the foundation of the whole ARF process, we underlined the significance of moving toward the second stage of Preventive Diplomacy on the basis of consensus and at a pace comfortable to all. [Par.28, Joint Communique of the
36'h ASEAN

Ministerial Meeting, Phnom Penh, Cambodia, I6-17 June 2003J

We reaffrrmed our conviction that a nuclear weapons-free Korea and a peaceful


resolution of the current tensions through dialogue and negotiations would be a valuable contribution to the prospects for peace and stability in East Asia. [Par. 48, Joint Communique
o/ the 36'h ASEAN Ministerial Meeting, Phnom Penh, Cambodia, I6-17 June 2003J

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Working Group for an ASEAN Human Rights Mechanism

We welcomed all initiatives to end the bloodshed in the Middle East and to secure durable peace on the basis of justice and called for respect for and the implementation of the relevant United Nations resolutions. The Ministers welcomed the diplomatic efforts of the Quartet together with the Arab initiative. They hoped that the Quartet's Roadmap would finally lead to the realization of a viable Palestinian state and reaffirmed the right of all states in the region to exist within recognized and secure boundaries. They expressed concern over the escalating cycle of violence in the region and hoped that all parties would continue to play a constructive role so as not to derail the process towards achieving such an objective. Given the complexity of the issues involved, the Ministers stressed that all efforts in the political, security, economic, humanitarian and institutionbuilding must proceed together and be all encompassing. [Par. 50, Joint Communique of the
36't' ASEAN Ministerial Meeting, Phnom Penh, Cambodia, I6-17 June 20031

We reaffirmed the importance of strictly abiding by the principles of international law, including the Charter of the United Nations. In this regard, we underlined the central and vital role of the United Nations in the maintenance of peace and security and the strengthening of international cooperation. [Par. 54, Joinr Cotntnunique of the 36'r' ASEAN
Ministeriol Meeting, Phnom Penh, Cambodia, 16-17 June 2003J

ASEAN SECURITY COMMLINITY (ASC)


The ASEAN Security Community is envisaged to bring ASEAN's political and security cooperation to a higher plane to ensure that countries in the region live at peace with one another and with the world at large in a just, democratic and harmonious environment. The ASEAN Security Community members shall rely exclusively on peaceful processes in the settlement of intra-regional differences and regard their security as fundamentally linked to one another and bound by geographic location? common vision and objectives.
The ASEAN Security Community, recognizing the sovereign right of the member countries to pursue their individual foreign policies and defense affangements and taking into account the strong interconnections among political, economic and social realities, subscribes to the principle of comprehensive security as having broad political, economic, social and cultural aspects in consonance with the ASEAN Vision 2020 rather than to a defense pact, military alliance or a joint foreign policy.

ASEAN shall continue to promote regional solidarity and cooperation. Member Countries shall exercise their rights to lead their national existence free from outside interference in their internal affairs. The ASEAN Security Community shall abide by the LIN Charter and other principles of international law and uphold ASEAN's principles of non-interference, consensus-based decision-making, national and regional resilience, respect for national sovereignty, the renunciation of the threat or the use of force, and peaceful settlement of
differences and disputes.
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Maritime issues and conceffis are transboundary in nature, and therefore shall be addressed regionally in holistic, integrated and comprehensive manner. Maritime cooperation between and among ASEAN member countries shall contribute to the evolution of the ASEAN Security Community. Existing ASEAN political instruments such as the Declaration on ZOPFAN, the TAC, and the SEANWFZ Treaty shall continue to play a pivotal role in the area of confidence building measures, preventive diplomacy and the approaches to conflict
resolution.

The High Council of the TAC shall be the important component in the ASEAN Security Community since it reflects ASEAN's commitment to resolve all differences, disputes and conflicts peacefully.
The ASEAN Security Community shall contribute to further promoting peace and security in the wider Asia Pacific region and reflect ASEAN's determination to move forward at a pace comfortable to all. In this regard, the ARF shall remain the main forum for regional security dialogue, with ASEAN as the primary driving force.

The ASEAN Security Community is open and outward looking in respect of actively engaging ASEAN's friends and Dialogue Partners to promote peace and stability in the region, and shall build on the ARF to facilitate consultation and cooperation between ASEAN and its friends and Partners on regional security matters.
The ASEAN Security Community shall fully utilize the existing institutions and mechanisms within ASEAN with a view to strengthening national and regional capacities to counter terrorism, drug trafficking, trafficking in persons and other transnational crimes; and shall work to ensure that the Southeast Asian Region remains free of all weapons of mass destruction. It shall enable ASEAN to demonstrcte a greater capacity and responsibility of being the primary driving force of the ARF.

The ASEAN Security Community shall explore enhanced cooperation with the United Nations as well as other international and regional bodies for the maintenance of international peace and security. ASEAN shall explore innovative ways to increase its security and establish modalities for the ASEAN Security Community, which include, inter alia, the following elements: norms-setting, conflict prevention, approaches to conflict resolution, and post-conflict peace building. [Par. A, Declaration of ASEAN CO]VCORD II, 7 October 2003, Bali, IndonesiaJ

t41

Working Group for an ASEAN Human Rights Mechanism

HEALTH, FOOD AIVD AGRICULTARE, AND DRUGS I

RECOGNIZING that the abuse of narcotic drugs and psychotropic substances is fraught with social and economic danger to mankind;

AWARE that drug abuse seriously endangers the development programmes of the Member Countries in particular, and developing countries, in general especially in relation to the life of the younger generation;
CONSIDERING the necessity of further developing and emphasizing ASEAN efforts to overcome the narcotic drug problem; [ASEAN Declaration of Principles to Combat the Abuse of
Narcotic Drugs, Manila, 26 June 1976J

In the context of

cooperation to combat the abuse of narcotic drugs, each Member Country shall: 1. Intensify its vigilance and preventive and penal measures with regard to illicit traffic in drugs by: Organizing exchange of information on individuals, gangs and syndicates in the territory of each Member Country; Organizing efforts to eliminate the illicit cultivation of opium poppy, cannabis
and coca bush;

Organizing efforts to eliminate the illicit manufacture of drugs. 2. Organize cooperation in the fields of drug research and education. 3. Institute improvements in national legislation aimed at intensifying the fight against the abuse of drugs and its consequences. [Part I, ASEAN Declaration of Principles to Combat
the Abuse of Narcotic Drugs, Manila, 26 June 1976J

Ministerial Meeting, Pattaya, Thqiland, I4-16 June 1978J

The Meeting noted the agreement reached by the ASEAN Economic Ministers on the establishment of regionally coordinated national reserves for rice in ASEAN countries and noted that this was a positive step towards the long-range stabilization of food supplies in the region and throughout the world. [Par. I 7, Joint Communique of the ] Ith ASEAN

In the area of social development and science and technology, the Meeting noted with satisfaction the progress of the on-going projects in the fields of population and family
planning, control ofnarcotics and dangerous drugs, food, energy and technology transfer as well as education, health and nutrition. [Par. 37, Joint Communiqtre of the I2'h ASEA]'I
Ministerial A[eeting, Bali, Indonesia, 28-30 June 1978]

The Ministers further agree to adopt joint and massive action against the more destructive pests and diseases, whether plant or animal, to eradicate these within specified periods of
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

time. Following such eradication, ASEAN can therefore negotiate with Third Country markets to lift quarantine restrictions of these disease and pest-free agricultural
commodities. [Par. 3, Manila
Manila, 29 August 19791
Consensus

of the First Meeting of the ASEAN Agriculture Ministers,

Each country will encourage the exchange of larmer groups and farmer leaders with member countfies. [Par. 3(c)(iii), Manila Consensus of the First Meeting of the ASEAN Agriulhrre
Ministers, Manila, 29 August 1979J

The Ministers agree, after having exchanged views on intemational food and agricultural issues, to the following: a. the formulation of national food strategies which shall form the basis for increased internal and external investments in food production and nutrition, in line with the World Food Council's call to devote greater priority and resources to food production and nutrition in developing countries, b. urge the exertion of the requisite political will by all countries concemed, to speedily conclude a new International Grains Agreement, including a new Food Aid Convention and the establishment of an International Wheat Reserve, to replace the Intemational Wheat Agreement of 1971; c. recognize the need for countries which are able to do so to contribute and/or increase their commitment to the International Emergency Reserve in order to reach the 500,000 metric ton target in1979. [Par.42, Manila Consensus of the First Meetingof the ASEAN Agriutlture Ministers, Manila, 29 August 1979J

EMPHASIZING that the establishment of a food security reserve among ASEAN Member Countries based on the principle of collective self-reliance will contribute to the strengthening of the respective national economic resilience as well as to A,SEAN economic resilience and ASEAN solidarity; [Agreement on the ASEAN Food Security Reserve,
New York, 4 October 1979J

The ASEAN Member Countries hereby agree that food security needs to be dealt with from several aspects, especially, where appropriate, through: the strengthening of the food production base of the ASEAN Member Countries; the prevention of post harvest losses of food grains; the establishment of a food information and early warning system; the adoption of effective national stock holding policies and improved arrangements for meeting requirements of emergency food supplies; the promotion of stability of food prices; - the adoption of policies and programmes for improving consumption and nutrition, particularly of the vulnerable groups within each ASEAN member Country [Article l, Agreement on the ASEAN
Food Security Reserve, New York, 4 October 1979J

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Working Group for an ASEAN Human Rights Mechanism

The Governments of the ASEAN Member Countries shall coordinate in conformity with their institutional and constitutional requirements, national food stock policies which take into account the policies of other ASEAN Member Countries and which together will result in maintaining a minimum safe level for the ASEAN Food Security Reserve.
[Artic'le 3 , Par. I , Agreement on the ASEAN Food Security Reserve, New York, 4 October 1979J

The ASEAN Member Countries shall further take measures aimed at assuring that their national food reserves are replenished as soon as feasible whenever they have fallen below such minimum levels as may be specified. SArticle 3, Par. 3, Agreement on the ASEAN
Food Security Resetne, New York,4 October 1979J

To submit proposals for the harmonisation of ASEAN agricultural development planning methodologies.

To provide a mechanism for mobilising, in a coordinated manner, the best talents in


agricultural development planning.

To serve as a regional data bank for requisite agricultural development


information. [Par. 2-4, Declaration of
Planning Centre, Chiang Ma| 21 February 1980J

planning

Objective,s regarding the ASEAN Agricultural Development

The Meeting noted with satisfaction that all ASEAN member countries had signed the ASEAN Food Security Reserve Agreement which is a positive step towards ensuring adequate supply of food in the ASEAN region particularly in times of shortages. The Meeting urged that cooperation be extended to other vital areas to meet ASEAN needs.
[Par.
39,

Joint Commtmique of the

I 3'h ASEAN

Ministerial Meeting, Kuala Lumpur, 25-26 June t 980]

The Meeting in reviewing the various stages of implementation of ASEAN projects in the field of food, agriculture and forestry stressed that ASEAN cooperation in this direction is an important adjunct of national economic development policies and urged that activities be intensified in this area to enhance the agricultural development of ASEAN countries for the benefit of the rural sectors in particular. [Par. 4], Joint Communique of the
l3'h ASEAN Ministerial Meeting, Kuala Luntpur,25-26June 1980J

In the area of science and technology, the Meeting welcomed the expansion of the food protein project directed in particular to research and development in high protein low cost foods in ASEAN countries. The Meeting also noted with satisfaction that the ASEAN Regional Climatic Atlas and Compendium of Climate statistics is under printing for circulation. [Par.43, Joint Communique of the I3'h ASEAN Ministerial Meeting, Ktrala Lumpur,25-26
June 1980/

ts0

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

stressed the importance of adopting the following for health collaboration among ASEAN countries:

In their opening statements, the ASEAN Health Ministers


XXX

2. Emphasize health as an integral part of the overall socio-economic development. 3. Aim at making health care accesible to the total population, with priority being 4. 5. 6.
given to the under-served and depressed areas. Promote Health Manpower Development consistent with the needs of the ASEAN member countries. Continue with international collaboration in health while striving to be self-reliant in the delivery of health services. Emphasize primary health care in the overall health development strategy. [Par. 10, Joint Communique of the Second Meeting of the ASEAN Health Ministers, Manila, 22-24 July
r 9801

The Meeting took note and discussed the relationships of on-going health projects and activities in the ASEAN region particularly in pharmaceuticals, food and nutrition, drug abuse, population control and family planning and health manpower development. [Par.
12, Joint Communique of the Second Meeting of the ASEAlttr Health Mini,sters, Manila, 22-24 July 19801

The Meeting further agreed to exert greater efforts towards increase and accelerated activities in the field of health in order to improve the status of health of the ASEAN
countries. [Par. 16, Joint Communique of the Second Meeting of the ASEAN Health Ministers, Manila, 22-24 July l9B0l

BY ADOPTING the following guidelines: Ensure that collaboration contributes directly or indirectly towards regional selfreliance and self-determination Emphasize health as an integrated part of the overall socio-economic development. Aim at making health care accesible to the total population, with priority being given
to the under-served and depressed areas. Promote Health Manpower Development consistent with the needs of the ASEAN countries. Continue with international collaboration in health while striving to be self-reliant in the delivery of health services. Emphasize primary health care in the overall health development strategy. [Declaration
of the ASEAltr Health Ministers on Collaboration on Health, Manila, 24 July l9B0J

The Program areas of technical collaboration amongst ASEAN Countries should include:

Primary Health Care

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Working Group for an ASEAN Human Rights Mechanism

Disease Control

Health Planning, Management and Information system

Nutrition Health Manpower Development Environmental and Occupational Health Pharmaceuticals, Biologicals and Traditional Medicine Mental Health [Declaration of the ASEAN Health Ministers on Collaboration
24 July 1980/

on Heatth, Manila,

The Meeting noted the convening of the First Meeting of the ASEAN Food Security Reserve Board in Bangkok and pledged continued cooperation in strengthening the region's capabilities to cope with acute food shortages. The Meeting stressed the importance of addressing the problem of rural development and urged member countries to direct greater attention towards raising agricultural and farm productivity. [par. 43, Joint
Commtrniqtre of the l4't' ASEAN Ministerial Meeting, Manila, I7-18 June I9:8lJ

On the cooperation in livestock, it was agreed to establish a specific ASEAN Disease Free Zone from Major Specific Animal Diseases. The Minister of Agriculture signed two documents i.e., First Declaration of Free Zone from Major Specific Animal Diseases, and Second Declaration to Eradicate Foot and Mouth Disease. [Par. 13, Joint Communique of the
Third Meeting oJ the ASEAN Ministers on Agriculture and Forestry, Jakarta, I2-14 August

I98ll

In view of the important role of the public sector in the ASEAN cooperation as a whole, the Ministers agreed in principle to the establishment of a joint working group to work out areas of cooperation in the fields of food, agriculture and forestry between the public and private sectors. [Par. 17, Joint Communique of the Third Meeting of the ASEAN Ministers on
Agriculhrre and Forestry, Jakarta, I2-14 August 1981J

ASEAN's determination to eradicate Foot and Mouth Disease from the whole ASEAN region through a joint programme of control and eradication, including the possible production of vaccine, to be drawn up and implemented by coFAF. srar. 2, ASEAN
Declaration to Eradicate Foot and Mouth Disease, Jakarta, l3 August I98tJ

That ASEAN shall accord priority to the development of these areas into Foot and Mouth Disease Free Zones: a. PeninsularMalaysia; b. The islands of Negros, Panay, Palawan in the Philippines; and c. Southern Thailand from 6o-11o N 1rar. 3, ASEAN Declaration to Eradicate Foot ancl Mouth Disease, Jakarta, I3 August l98lJ

wE, representing Member countries in the ASEAN do hereby declare


t52

that:

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

(i)

All member countries shall follow the ASEAN pest risk analysis for excluding

dangerous and exotic pests from entry into the ASEAN Plant Quarantine Ring; All member countries shall practise inter and intra-state quarantine;

(ii) (iii) In the event of the report of the presence of a dangerous pest, immediate

action should be taken to eradicate the pest from within the ASEAN Quarantine Ring (iv) Member countries which intend to introduce beneficial insects and biological control agents not present in the ASEAN Region should inform other member countries.
1982J [ASEAN Ministerial Understanding on Plant Quarantine Ring, Kuala Lumpur, 8-9 October

DO HEREBY DECLARE that there shall be standard regulations among ASEAN countries for the importation and movement of animals and animal products from
Standardization of Import and Quarantine Regulations on Animal and Animal Products, Kuala Lumpur, 9 October 1982J

countries within and from outside ASEAN. [Par. 5, ASEAN Ministerial (Jnderstanding on the

The Foreign Ministers expressed their serious concern with the increased incidents in drug abuses and trafficking in the ASEAN region. This trend will escalate further if concerted and immediate remedial action is not taken. They agreed to do everything possible in order to meet this serious danger to the ASEAN communities. They also felt that the Narcotic Officer of the ASEAN Secretariat should study this danger and recommend urgent measures to overcome it. Jfor. 53, Joint Commttniqtre of the l6't' ASEAN
Ministerial Meeting, Bangkok, 24-25 June
19831

REEMPHASISING the importance of health in socio-economic development and the global strategy of Health for All by the year 2000; [Par. 3, Resolution of the Third Meeting of the
ASEAN Health Ministers, Pattaya, Thailand,9 March 1984J

RESOLVE that existing ASEAN mechanism for collaboration in health be studied and fuither strengthened by changing the concept of the Expert Group on Health and Nutrition into a more effective Regional Development Board for Health and Nutrition with functions aS attached hereto. fPar. 8, Resolution of the Third Meeting o/ the ASEAN Health
Ministers, Pattaya, Thailand, 9 March 1984J

The Meeting adopted the Resolution which called for the strengthening of the existing ASEAN mechanism for health collaboration. In this regard, the Meeting agreed that existing ASEAN mechanism for collaboration in health be studied and further strengthened by changing the concept of the Expert Group on Health and Nutrition into a more effective Regional Development Board for Health and Nutrition. [Par. II, Joint
Commttniqtre of the Third Meeting of the ASEAN Health Ministers, Pattaya, 9 March 1984J

153

Working Group for an ASEAN Human Rights Mechanism

cooperatives in the ASEAN Region through: exchanges of relevant information and experience among member countries; education and training ofpersonnel and cooperators; research and development programmes; and other project activities related to agricultural cooperatives [par. A, ASEA]{ Ministerial Understanding on ASEAN Cooperation in Agriculture and Cooperatives, Manila,4-5 October 1984/

To implement a Programme of Action to promote the development of agricultural

CONSCIOUS of the need for ASEAN to be free from major plant pests and the need to promote intra-ASEAN and intemational trade in plants and plant products; [par. 4, ASEAN
Ministerial Understanding on Plant Pest Free Zone, Manila, 5 october 1984]

Provide environmental training of personnel involved in decision-making on projects, programmes, policies and plans with emphasis on cause and effect relationship that exists between an individual's environment and his health. [par. 6(ii), policy Guidelines, Bangkok
Declaration on the ASEAIV Environment, Bangkok, 29 Novenber 1984J

Abuse and Tra//icking, Kuala Lumpur, 9 Juty 1985J

The ASEAN Foreign Ministers reviewed the curent situation on the international drug problem and expressed their grave concern at the continuing spread in drug abuse and illicit trafficking. They stated their conviction that the international drug problem had serious security implications and should not be seen only as a social and hrr-unitarian problem. fPar. I, ASEA]V Foreign Ministers Joint Statement on the International Problem oJ Dnrg

The Foreign Ministers discussed the current situation on the international drug problem and reviewed the efforts by the ASEAN countries to combat the abuse and illicit trafficking of narcotic drugs at the national, regional and international levels. Recalling the ASEAN Declaration of Principle to Combat the Abuse of Narcotic Drugs adopted ii Manila on 26 June 1976, which provided for cooperation in preventive -.u*... amongst the ASEAN countries, the Foreign Ministers reiterated their firm conviction that abuse and illicit trafficking of drugs debilitate the social and economic fabric of all societies, seriously endanger the development of nations and undermine the security and well-being of all mankind. Thus the Foreign Ministers called upon all nations to summon the utmosi political will to mount both individual and cooperative efforts to urgently combat the threats posed by drug abuse and trafficking. [Par. 53, Joint Communique oJ'the lg,t, ASEAN
Ministerial Meeting, Kuala Lumpur,
9

July

1985J

The Foreign Ministers expressed grave concern over the continuing difficulties in the world market for key agricultural and primary products, which have adversely affected the economies of the ASEAN countries. Continued introduction of agricultural subsidies and trade restrictions by certain developed countries have worsened the situation, putting greater adverse pressures on an already depressed commodities market. The Foreign
t54

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Ministers urged that cooperation and collective action be undertaken by all countries concerned in specific areas, as well as on the multilateral level by actively supporting ongoing efforts in GATT to strengthen the rules on agricultural trade, reducing trade distortions, and allowing trade in agriculture to follow comparative-advantage and freemarket forces. [Par. 66, Joint Communiqtte of the ]g't' ASEAN Ministerial Meeting, Manila, 23-28 June
19861

ASEAN cooperation in food, agriculture and forestry shall be aimed at improving the standard of living in the agricultural and forestry sectors; sustaining adequate supply of basic agricultural and forestry commodities to meet regional needs; and reducing the differences in agricultural and forestry structures in the region. Future cooperative efforts
shall be geared towards greater private sector involvement and more emphasis on human resources development of farmers, fishermen and forestry workers. [Par. 15, Manila Declaration of 1987, Manila, l5 December 1987J

They called for continued efforts at both bilateral and multilateral levels to deal with the drug menace, including through expanded cooperation in the areas of prevention, suppression, interdiction and rehabilitation. [Par. 34, Joint Communique ofthe 2l't ASEAN Ministerial Meeting, Bangkok,4-5 July 1988J

They also expressed concern over the emergence of the new phenomenon of drug abuse in association with the incidence of the acquired immunity deficiency syndrome (AIDS) which constituted a grave threat to the well-being of the World Community. [Par. 46, Joint
Commttniqtte of the 22"'t ASEAN Ministerial Meeting, Bandar Seri Begawan, 3-4 July l9B9J

The Ministers stressed the importance they attached to systematic and continued action against the abuse of drugs and against organrzed crime related to illicit production and trafficking of narcotics and psychotropic substances. The EC Ministers appreciated and supported the serious and active efforts undertaken, at regional level by ASEAN in all aspects towards the control and prevention of the deadly scourge. [Par. 5 5, Joint Declaration
of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 30-31 May

l99ll

The Ministers agreed that the coming into force of the 1988 UN Convention on the Illicit Production and Trafficking of Drugs and Psychotropic Substances is an impoftant step. They encouraged all ASEAN and EC Member States, which have not done so, soon to adhere to this convention. IPar. 56, Joint Declaration of the ]{inth EC-ASEAN Ministerial Meeting,
Lurembourg, 30-31 May

I99ll

Member States agree to strengthen regional cooperation in the areas of development, production and promotion of agricultural products for ensuring food security and
155

Working Group for an ASEAN Human Rights Mechanism

upgrading information exchanges

Enhancing ASEAN Economic Cooperation, Singapore, 28 January 1992J

in ASEAN. [Articte

2(D)(]), Framework Agreement

on

January 1992J

programmes against the deadly disease. fPar. 7, Singapore Declaration of 1992, Singapore, 28

ASEAN shall make a coordinated effort in curbing the spread of AIDS by exchanging information on AIDS, particularly in the formulation and implementation of policies and

29-30 October 1992J

On the fight against narcotics, they emphasized the importance of increasing the efficiency of policies and measures to counter the supply and illicit traffic of narcotics and psychotropic substances, the laundering of financial proceeds from such activities and the diversion of trade precursor chemicals, as well as measures to prevent and reduce drug abuse. [Par. 25, Joint Declaration of the I0'h ASEAN-EC Ministerial Meeting, Manila, philippines

July 1993J

The Foreign Ministers commended the continuing collaboration among the drug agencies and the non-govemmental organizations in ASEAN in the combat againsi the drug problem. The Ministers also expressed their conviction that the drug probGm can be dealt with more effectively through a coordinated multidisciplinary approach addressing simultaneously all aspects related to the drug menace, in collaboration wittr ttre international community. Tstatement by the ASEAN Foreign Ministers on Cambodio, Singapore, 24

Understanding on ASEAN Cooperation in Food, Agriculttrre and Forestry, Dartrssalam, 28-30 October 1993J

CONSIDERING that agriculture and forestry will remain as important aspects of the ASEAN economy with a particularly significant impact on income enhaniement and poverty alleviation and that human resources can be developed through the transfer of technology, a resultant of the implementation of bold investment programme s., [Ministeriat

Bindi

Seri Beg:awan, Bnrnei

Cooperation in Food, Agriculture and Forestry

l) The ASEAN Cooperation following priority areas:

in Food, Agriculture and Forestry shall focus on the

Strengthening food security in the region; Facilitation and promotion of intra- and extra-ASEAN trade in agriculture, fishery and forest products; Technology generation and transfer to increase productivity and develop agri-business and silvobusiness. agricultuial rural community and human resources development; Private sector involvement and investment: and
t56

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

vl.

Management

and conservation of natural resources

for

sustainable development; and

Strengthening ASEAN cooperation and joint approaches in addressing intemational and regional issues. [par. I, Ministeriat Understanding on ASEAN Cooperation in Food, Agriulture and Forestry,
Bandar Seri Begawan, Bnmei Darussalam,28-30 October 19931

Under each of the priority areas of ASEAN Cooperation in Food, Agriculture and Forestry, member states shall develop an action programme of cooperative, joint and collective efforts in policy coordination, research, technology transfer, production,
marketing and investment promotion; [Par. 2, Ministerial Understanding on ASEAN Cooperation
in Food, Agriculture and Forestry, Bandar Seri Begawan, Bntnei Dantssalam, 2B-30 October 1993J

Improving the entrepreneurial capacities of farmers, fishermen, cooperative leaders, rural women, rural youth and forestry workers in agribusiness and agroforestry through training and exchange of visits; [Part ]II (ir, Priorie Area 4, Frameworkfor Programme of Action
of ASEAN Cooperation in Food, Agriarlture and Forestry (1994-1999)J

REITERATING our commitment to the Framework Agreement on Enhancing ASEAN Economic Cooperation signed in Singapore on 28 January 1992 which provides the focus of cooperation in food, agriculture and forestry on the areas of development, production and promotion of agricultural products for ensuring food security and upgrading of information exchanges, and on the need to strengthen the technical joint cooperation to better manage, conserve, develop and market forest resources; [Memorandum o.f Understanding on ASEAN Cooperation and Joint Approaches in Agriuiture and Forest Proclucts
Promotion Scheme, Langkawi, Malaysia,25 August 1994J

RECOGNISING the need to realign the food, agriculture, and forestry sectors within the mainstream of ASEAN economic cooperation and that these sectors cannot progress without promoting trade and ASEAN must take full advantage of the relevant international organisations and fora; IMemorandum of L]nderstanding on ASEAN Cooperation and
Joint Approaches in Agriculture and Forest Producls Promotion Scheme, Langkawi, Malaysia, 25 August
I 994J

ACCEPTING the importance of liberalising the, agriculture and forestry sectors and transforming these sectors from production push approach to market-oriented approach;
[Memorandum of Understanding on ASEAN Cooperation and Joint Approaches in Agriurlhrre and Forest Prodtrcts Promotion Scheme, Langka*-i, Malaysia, 25 August 19941

ASEAN shall adopt joint efforts to strengthen trade promotion and negotiations on ASEAN agricultural products in order to enhance ASEAN's competitive posture, and to sustain the expansion of ASEAN agricultural exports in international market; [par. t,
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Working Group for an ASEAN Human Rights Mechanism

Memorandum of (Jnderstanding on ASEAN Cooperation and Joint Approaches in Agriculture and Forest Products Promotion Scheme, Langkawi, Malaysia, 25 August 1994J

The Ministers emphasised the importance of increasing the effectiveness of policies and measures to counter the illicit traffic of narcotics and psychotropic substances, the laundering of financial proceeds from such activities and the diversion of trade in the precursor chemicals, as well as measures to prevent and reduce drug abuse. [Par. 18, Joint
Declaration of the I I'h ASEAI{-Etl Ministerial Meeting, Karlsruhe, Germany, 22-23 September 19941

ASEAN shall embark on new initiatives to achieve global competitiveness in agriculture and forestry while maintaining the sustainability of its resources. ASEAN shall increase the competitiveness of agriculture and forestry by increased application of science and technology, investment in human resource development as well as through greater liberalisation of trade in agriculture and forest products; [Par. 8(n), Bangkok Summit
Declaration of'1995, Bangkok, Thailand, l5 December 1995J

ASEAN shall further enhance cooperative efforts against drug abuse and illicit trafficking, with special emphasis being given to demand reduction programmes and information exchange and dissemination, with the aim of creating a drug-free ASEAN;
[Par. 9(n), Bangkok Summit Declaration of
1995, Bangkok, Thailand,

I5 December 1995J

The Foreign Ministers recognized the need to focus attention on such issues as narcotics, economic crimes, including money laundering, environment and illegal migration which transcend borders and affect the lives of the people in the region. [Par.44, Joint Communique of the 29'h ASEAN MinisterialMeeting, Jakarta,Indonesia,20-21 July 19961

Member States shall be encouraged to exchange vital information on the prevention and repression of smuggling, trafficking of narcotics and psychotropic substances, and other Customs frauds. [Articte 7(2), ASEAN Agreement on Customs, Phuket, Thailand, I March 1997J

RECALLING that the 1996 Rome Declaration on World Food Security and the World Food Summit Plan of Action stated that poverty eradication is essential to improve access to food and that equitable access to staple food supplies should be ensured as poverty, hunger and malnutrition are some of the principal causes of accelerated migration from rural to urban areas in developing countries. [Ministerial Understanding on ASEAN Cooperation
in Rural Development and Poverty Eradication, SubangJaya, Malaysia, 23 October 1997J

fE]nhance food security and international competitiveness of food, agricultural and forest products, to make ASEAN a leading producer of these products, and promote the forestry
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

sector as a model

in forest

management, conservation and sustainable development.

IASEAN Vision 2020, Kuala Lumpur, Malaysia, I5 December 1997J

We envision the evolution in Southeast Asia of agreed rules of behaviour and cooperative measures to deal with problems that can be met only on a regional scale, including environmental pollution and degradation, drug trafficking, trafficking in women and children, and other transnational crimes. [ASEA]V Vision 2020, Kuala Lumpur, Malaysia, I5
December 1997J

We see well before 2020 a Southeast Asia free of illicit drugs, free of their production, processing, trafficking and use. [ASEAN Vision 2020, Kuala Ltrmpur, Malaysia, t5 December 1997J
Seek all modalities to eradicate illicit drug production, processing, trafficking and use in ASEAN by the year 2020. Strengthen and promote linkage among existing regional institutional mechanism

1.

2.

involved in the fight against drug abuse and trafficking, such as the ASEAN Senior Officials on Drug Matters (ASOD), ASEAN Chiefs of National Police (ASEANAPOL), the ASEAN Senior Law Officials Meeting (ASLOM), the ASEAN Sub-Committee on Youth (ASY) and the ASEAN Ministerial Meeting on Transnational Crime, the 1993 MOU countries on Drug Control, and the ASEAN Secretariat. Enter into collaborative undertakings, in the interest of continued development -l_ and upgrading of human resources, with ASEAN Dialogue Paftners to help curb illicit drug abuse, production and trafficking in the region, particularly in the areas of law enforcement, intelligence, rehabilitation and treatment, alternative development, preventive education, preventive information, community participation, research and human-resource development. 4. Seek the review of jurisprudence related to illicit drug abuse and trafficking and move for the passage of stricter laws on these crimes against society. 5. Upgrade and expand regional and national data banks on illicit drugs to include more information of illicit drug production and trafficking, existing drug control activities, programmes and legislation, evaluation methodologies and resource
experts.
6.

Expand awareness, education and rehabilitation programs among the region's youth, including the work program on Skills Training for Out-of-School Youth, to eliminate the demand for illicit drugs by the year 2020.
XXX

Strengthen the existing ASEAN Training Centers for Human-Resource Development in related fields on narcotics law enforcement, preventive education, treatment and rehabilitation, and research. Intensify the exchange of information among ASEAN countries.

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Working Group for an ASEAN Human Rights Mechanism

Continue to expand and enhance the role of non-govemmental organization (NGOs), as well as the private sector in collaborative alliances in the development and implementation of drug abuse prevention and control programmes and activities. Work for the immediate ratification by aII ASEAN Member Countries of relevant international treaties and agreement on illicit drug abuse and trafficking. Reinforce cooperation and coordination among ASEAN Member Countries especially in the areas of investigation. Prosecution, mutual legal assistance, inquiry, forfeiture of property, rehabilitation and treatment, preventive education, and research to help combat illicit drug abuse and trafficking. Identification and promotion of alternative sources of livelihood for people who are expected to be adversely affected by the curtailment, and eventually, stoppage of drug production. [ASEAN Foreign Ministers Joint Declaration for a Drug-Free ASEAN, Manila, Philippines, 25 July 1998J

ASEAN would strive to provide adequate levels of food supply and food accessibility within ASEAN during instances of food shortages to ensure food security and at the same time, enhance the competitiveness of its food, agriculture and forestry sectors through developing appropriate technologies to increase productivity and by promoting intra- and extra-ASEAN trade and greater private sector investment in the food, agriculture and
forestry sector. [Par.
2.4, Ha Noi Plan oJ'Action, Ha Noi, Viet Nam,

l5 December 1998]

Develop a Common Framework to analyse and review the regional food trade policies in the light of the AFTA, and to enhance intra-ASEAN food trade by undertaking a study on the long-term supply and demand prospects of major food commodities (rice, corn, soybean, sugar, pulses and oilseeds) in ASEAN; [Par.2.4.1.b, Ha Noi Plan of Action, Ha Noi,
Viet Nam, t5 December 1998J

food, agriculture and forestry production, post-harvest and processing activities and sharing of research results and available technology; [Par. 2.4.2.a, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 19981

Conduct collaborative research

to

develop new/improved technologies

in

Conduct R&D in critical areas to reduce the cost of inputs for food, agriculture and forestry production' [Par. 2.4.2.b, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998]

Strengthen programmes in food, agriculture and agro forestry technology transfer, training and extension to increase productivity. [Par. 2.4.2.c, Ha Noi Plan of Action, Ha Noi, Viet
Nam, I5 December 1998J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Strengthen ASEAN's cooperation and joint approaches in addressing issues and problems affecting trade in the region's food, agriculture and forestry products including environment and labour issues; [Par. 2.4.5.a, Ha Noi Plan of Action, Ha Noi Viet Nam, 15
December 1998J

Promote and implement training programmes in the field of food, agriculture and forestry, including the exchange of experts; [Par. 2.4.6.a, Ha Noi Plan of Action, Ha Noi, Viet
Nam, I5 December 1998J

Strengthen the ASEAN Regional Aids Information and Reference Network. Jrar. 4.7,"Ha
Noi Plan of Action, Ha Noi, Viet Nam, I5 December l99BJ

We shall ensure food security in the region and enhance the competitiveness of our food, agriculture and forestry sectors by increasing productivity, promoting intra and extra ASEAN trade and greater private sector investment. [Par. 16, Ha Noi Declaration of 1998, Ha
Noi, Viet Nam, I6 December
19981

We shall strengthen and promote linkages among ASEAN institutional mechanisms in fighting against drug abuse and trafficking in order to eradicate drug production, processing, trafhcking and use by the year 2020. [Par. 23, Ha Noi Declaration of 1998, Ha No|
Vietnam, I6 December 1998J

We welcomed the adoption of the regional plans of action on health and nutrition, tuberculosis control and disease surveillance to assist ASEAN in addressing priorities in the areas of nutrition, promotion, new, emerging and re-emerging diseases,
environmental health, food and drugs safety and disabilrty. [Par.3], Joint
32''t ASEA\I Ministerial Meeting , Singapore, 23-24 July 19991 Communique of the

RESPONDING to the call of the Ha Noi Declaration adopted by the Sixth ASEAN Summit held in Ha Noi in December 1998 that we shall, together, make sure that our people are assured of adequate medical care and access to essential medicines and that cooperation shall be stepped up in the control and prevention of communicable diseases, including HIV/AIDS;

FULLY AWARE that despite significant progress made in uplifting the quality of life of individuals in our region, health problems continue to be associated with poverty and are increasingly associated with urbanisation, industrialisation, environmental pollution,
lifestyle diseases and stres s-related conditions
;

RECOGNIZING the need

to

prepare the health sector

for the challenges

and

opportunities arising from globalisation and trade liberalisation;

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Working Group for an ASEAN Human Rights Mechanism

XXX

Vision: "Healthy ASEAN 2020" We envision by 2020 that health shall be at the centre of development and ASEAN cooperation in health shall be strengthened to ensure that our peoples are healthy in mind and body and living in harmony in safe environments.
Guiding Principles: Emphasise health as a fundamental right of our peoples; Health development is a shared responsibility and must involve greater participation and empowerrnent of the people, communities and institutions;

to achieve social justice and equity in health development and solidarity in action towards a healthy paradigm that emphasizes health promotion and disease prevention;
ASEAN cooperation shall strive

in health development and to mobilise resources at the national, regional, and intemational levels must derive from the highest level of policy and governance;
ASEAN cooperation in health development must be guided by well-defined and focused strategic policies which emphasize the regional perspective and value-added element in all undertakings, while keeping in mind the specific development requirements of Member Countries; and The organizational machinery for pursuing ASEAN cooperation in health development must be strengthened to achieve better coordination and integration across related
development sectors.

Political commitment to strengthen and intensify ASEAN cooperation

Mission: Strengthen and further intensify ASEAN cooperation concerns are mainstreamed in the development effort;

in health to

ensure that health

Ensure that health development concerns are effectively integrated into the larger scheme of regional cooperation;

Promote advocacy and enhance the state of public awareness of health related issues;

Ensure availability and accessibility of safe, affordable, efficacious and quality health related products and services to meet the needs of ASEAN;

Strengthen the national and collective ASEAN capacity implications from globalization and trade liberalization; and

on the issues of

health

Enhance the competitiveness of ASEAN health related industries taking into account the strength and diversity among ASEAN Member Countries.
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Strategies:

Promote greater emphasis on health promotion and disease prevention; Intensify human resources development and capacity building in identified priority areas; Promote multi-sectoral integration of health concems; and Strengthen international partnership and alliance. [Declaration of The 5th ASEAN Health Ministers Meeting on Healthy ASEAN 2020, Yogtakarta, Indonesia, 28-29 April 20001

The Foreign Ministers took note of the threat from drug abuse and drug trafficking on the security and stability of the ASEAN region, particularly its relations with transnational crime. They urged Member Countries to enhance joint efforts among all affected states in combating the drug menace, especially the newly emerging drugs like Methamphetamine or Amphetamine - Type Stimulants (ATS). In this regard, they agreed to advance the target year for realising a drug-free ASEAN from2020 to 2015. [Par. 56, Joint Comntuniclue
of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 Julv 2000J

Stress the urgent need for collective and shared responsibility of the international community in addressing root causes of drug problems and their related menace in a comprehensive manner through an intersectoral approach and integrated coordination at national, regional and international levels;

Also stress the prime responsibility of concerned countries to employ all possible means to overcome drug problems by intensifying measures to reduce both the illicit supply of and demand for drugs, including raising public awareness of drug problems;
Emphasize the immediate need for all countries to place drug issues as one of the high priorities on their national development agendas; [Bangkok Political Declaration in Purntit of'A Drug-Free ASEAN 2015, Bangkok, Thailand, I I-l3 October 20001

Mindful that illegal drugs and narcotics trafficking is not only of concern to each ASEAN Member Country and ASEAN as a whole, but also to the entire international community, we agreed to designate 2002.2003 as "ASEAN Drugs Awareness Years" in order to help raise the awareness of the peoples of ASEAN on the danger of illicit drugs and narcotics trafficking and mobilize their support for further strengthening the region's efforts in the fight against narcotic drugs. In this regard, we agreed to request the ASEAN Senior Officials on Drug Matters (ASOD) to consider how to implement such measures, including the possibility of establishing an appropriate ASEAN mechanism to combat illegal drugs and narcotics trafficking. [Par. 55, Joint Communique of the 34't'ASEAN Ministerial
Meeting, Hanoi, 23-24 July 20011

MINDFUL that ASEAN countries are in demographic, economic

and epidemiological transition and that these trends have major implications on lifestyles and health status by influencing the determinants of health;

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Working Group for an ASEAN Human Rights Mechanism

CONCERNED that many traditional pattems of living of ASEAN peoples that have beneficial health effects are under pressure to change;

NOTING the links from behavioural risk factors (especially tobacco use, malnutrition, physical inactivity and personal and family hygiene practices) and socio-economic risk
factors (especially poverty) to persistent and emerging health conditions in the region:

RECOGNISING that there is a rich diversity of ASEAN lifestyles within and between Member Countries, that lifestyles are behaviours and social practices conducive to good health which reflect the values and identities of the groups and societies in which people live, and that they change over time in response to economic, social and physical
environments;
XXX

Vision: We envision that by 2020 all ASEAN citizens will lead healthy lifestyles consistent with their values, beliefs and culture in supportive environments. Mission Statement : ASEAN Member Countries will continue to educate and empower their citizens to adopt healthy lifestyles and create an enabling environment that makes healthy lifestyle choices accessible, affordable and sustainable. ASEAN will continue to be a driving force for regional action in promoting healthy lifestyles.
Guiding Principles: Healthy ASEAN lifestyles refer to basic human functions and the patterns linking various activities of everyday living in the ASEAN context. Determinants of health strongly influence lifestyles and promoting healthy lifestyles involves enhancing individual responsibility and capability, as well as creating enabling environments. The ASEAN concept for promoting healthy lifestyles links priority areas for health promotion interventions; key target groups based on stages through the lifespan; key levels, sectors, settings and strategies for implementation. Political commitment at the highest levels will strengthen multi-sectoral cooperation and enhance resource mobilisation from multiple sources. Efforts to promote healthy ASEAN lifestyles will draw on the best evidence-based practices appropriate to the social, cultural and economic situation. Individuals, families, communities and citizen organisations as well as the private sector and regional organisations are key partners with national and local govemments. Partnerships with ASEAN Dialogue Partners, intemational agencies, the private sector, academic institutions, media organisations, and civil society will strengthen the organisational machinery of ASEAN to implement joint activities. Special consideration shall be given to addressing healthy lifestyle issues in vulnerable populations.
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Strategies:

strengthen ASEAN cooperation among Member Countries to promote healthy ASEAN lifestyles. To strengthen the national and collective ASEAN capacity for research and policy development, implementation, monitoring and evaluation. To enhance awareness and develop health literacy among ASEAN peoples about healthy lifestyles. To work together to build supportive environments and opportunities for healthy lifestyle

To

choices.

Priority Health Issues: Recognizing the challenges of demographic transition, urbanisation, industrialisation, globalisation environmental change and other socio-economic changes and their impact on health, we identify the following as priority areas for the promotion of healthy lifestyles: Accident and injury prevention Alcohol consumption Communicable diseases control (malaria, TB, HIV, ARI, CDD etc.) Environmental health
Healthy ageing Mental health Non-communicable diseases prevention (diabetes, hypertension, cancer, CVD,
and others)

Nutrition
Physical activity Substance abuse Tobacco control Women's and children's health [Declaration of the Sixth ASEAN Health Ministers' Meeting on Healthy ASEAN LifesQles (Vientiane
Declaration), Vientiane, Lao PDR 15 March 2002J

We reaffirmed our commitment towards a Drug-Free ASEAN 2015 and expressed satisfaction on the progress in realising the ASEAN Drug Awareness Years 2002-2003.
[Par.
20021
30,

Joint Commtrnique oJ the

35'h ASEAN

Ministerial Meeting, Bandar Seri Begawan, 29-30 Juty

We affirmed our determination to do our part in carrying out the decisions reached at the Special ASEAN Leaders' Meeting on SARS and the Special ASEAN-China Leaders' Meeting on SARS, which we considered as exemplifying ASEAN's response to crises quick, coordinated, pragmatic and flexible. Welcoming the declaration by the World Health Organization that the SARS-affected ASEAN countries had brought the disease under control, we were pleased by the fact that all of ASEAN was now SARS-free. We reiterated the ASEAN leaders' call on other countries to take measures to combat SARS similar to those being taken by ASEAN and to refrain from issuing indiscriminate travel
165

Working Group for an ASEAN Human Rights Mechanism

advisories on account

of SARS.

[Par. 30, Joint Communique of the 36'h ASEAN Ministerial

Meeting, Phnom Penh, Cambodia, I6-17 Jr,rne 2003J

Recalling the designation of 2002-2003 as "ASEAN Drugs Awareness Years," we renewed our resolve to support ASEAN's commitment to achieve an ASEAN Drugs-Free Zone by 2015. . . . We commended the national support given to the campaign by each member-country, particularly the collaboration among govemments, non-governmental organizations and the mass media as well as efforts and cooperation framework among countries in the region. [Par.33, Joint Communique of the 36'h ASEAN Ministerial Meeting, phnom
Penh, Cambodia, l6-17 June 2003/

We also welcomed the launching of the ASEAN+3 Pilot Scheme to establish an ASEAN/East Asia Emergency Rice Reserve to strengthen food security in the region.
[Par. 37, Joint Communique o/ the
2003J
36'h

ASEAN Ministerial Meeting, Phnom Penh, Cambodia, ]6-17 June

The Ministers recognised the value of exchanging experiences and information in controlling and containing the spread of SARS among Member Countries. The
Ministers also acknowledged that the comprehensive and stringent measures taken by affected ASEAN members are necessary to prevent the further spread of SARS to minimise the human toll and economic fallout. The Ministers noted with concem the adverse impact that SARS had already caused in the region's labour and employment situation. [Par. 10, Joint Communique of the ]7'h ASEAN Labour Ministers Meeting, Mataram,
Indonesia, 8-9 May 2003J

ASEAN shall further intensify cooperation in the area of public health, including in the prevention and control of infectious diseases, such as HIV/AIDS and SARS, and support joint regional actions to increase access to affordable medicines. The security of the Community is enhanced when poverty and diseases are held in check, and the peoples of ASEAN are assured of adequate health care. [Par. C 4, Declaration of ASEAN CONCORD II,
Bali, Indonesia, 7 October 20031

EDUCATION

The Ministers examined the projects and activities in the field of education within the spirit of the ASEAN Declaration of 1967 and the Declaration of ASEAN Concord of 1976. They approved the establishment of an ASEAN Network of Development Educations Centers. The Network envisages to undertake, among others, the following initial projects: (1) work education for in-school and out-of school youths, (2) teacher education reform, (3) test development, (4) management information system for
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

education, and (5) special education for the handicapped. [Par. 5, Joint Communique of the
First Meeting of the ASEAN Education Ministers, Manila, 8-9 December 19771

The Meeting noted the considerable progress which had taken place in the field of education cooperation. It welcomed in particular the setting up of the ASEAN Network of Development Education Centers and the implementation of the five education projects under this network. [Par.2], Joint Communique of the Il'h ASEAN Ministerial Meeting, Pattaya,
Thailand, I4-16 June 1978J

ASEAN and the Community agreed to enhance cooperation rn the cultural field which would include cooperation in education and information. [Par. 38, Joint Declaration of the ASEAN-EC Ministerial Meeting, Brussels, 2l November 1978J

To create the opportunity that will enable all young

persons to benefit from the educational programmes and activities at national and regional levels, to ensure access to education at every level and to make available technical and vocational training, to inculcate self-discipline in society. [Par. 5, Declaration of Principles to Strengthening ASEAN
Collaboration on Youth, Bangkok, 24 June
19831

(6) With respect to environmental education and training: (i)


Continue efforts to enhance public awareness in respect of the importance of environmental protection and support government actions in this regard.
XXX (i

ii)

Introduce stronger general environmental theme into school and university syllabi. [Bangkok Declaration on the ASEAN Environment, Bangkok, 29 November 1984]

The Contracting Parties shall endeavour to promote adequate coverage of conservation and management of natural resources in education programmes at all levels. [Articte 16,
Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur,9

July

1985J

Member states shall, through education, institutional linkages, and improved flow of information, seek to enhance awareness of ASEAN, inculcate in the people the common socio-economic values and heritage, and promote mutual understanding of the culture, traditions and ways of life of their nations. [Par. 17, Manila Declaration of ]987, Manila, l5
December 1987J

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Working Group for an ASEAN Human Rights Mechanism

The Ministers agreed to further strengthen EC-ASEAN cultural ties. In this context, emphasis should be given both to the cooperation between universities and other institutions of higher education and cooperation in the held of sciences in general. [Par. 4,
Joint Declaration of the Seventh ASEAI,{-EC Ministerial Meeting, Duesseldorf, 2-3 May ,/9881

The Ministers agreed that in view of the rapid economic and technological changes and the need of ASEAN for qualified personnel such as scientists and engineers to support their economic development, human resource development should continue to be accorded priority and therefore an assessment and review of ASEAN-EC HRD Programmes be undertaken expeditiously. [Par. 44, Joint Declaration of the Eighth ASEAN-EC
Ministerial Meeting, Kuching, Malaysia, l6-17 February 1990J

The ASEAN member countries shall continue to enhance awareness of ASEAN among the people in the region through the expansion of ASEAN Studies as part of Southeast Asian Studies in the school and university curricula and the introduction of ASEAN student exchange programmes at the secondary and tertiary levels of education; [Par. 7,
Singapore Declaration of 1992, Singapore, 28 January 1992J

g. ASEAN shall upgrade its human resources by investing in building institutional capacities for education, training and research, science and technology and
technology transfer as wellas strengthening the networking of HRD institutions;

h.

ASEAN shall raise awareness of ASEAN among its peoples, in particular the younger generation, and to instill in them a consciousness of the spirit and identity embodied in ASEAN, by harnessing all appropriate modes and technologies in the media and communications, education and through greater interaction among its peoples;
XXX

ASEAN, committed to the total eradication of illiteracy, shall work towards developing better informed and educated societies, through cooperation in educational development on an inter-disciplinary basis and the provision of basic
education for all:

k.

ASEAN shall engage the support of the public, private, international and national organizations and agencies in community building through appropriate educational processes, in recognition of the crucial role of community education in sustainable development; [Par.9, Bangkok Summit Declaration of ]995, Bangkok; Thaitand, l5 December
I e95J

Cooperate on the eradication of illiteracy and work towards developing better informed and educated societies, through cooperation in educational development on an inter168

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

disciplinary basis; [Par. I5(ii), Joint Declaration of the ]2'h


Singapore, I3-14 February 19971

ASEAN-EU Ministerial Meeting,

fE]nhance human resource development in all sectors of the economy through quality education, upgrading of skills and capabilities and training. IASEAN Vision 2020, Kuala Lumpur, l5 December 19971

We envision a technologically competitive ASEAN competent in strategic and enabling technologies, with an adequate pool of technology qualified and trained manpower, and strong networks of scientific and technological institutions and centers of excellence.
IASEAN Vision 2020, Kuala Lumpur, ] 5 December 19971

The Foreign Ministers endorsed the idea of promoting ASEAN as a Learning Society, whereby emphasis is given to education and the networking of the region's universities through the ASEAN University Network (A[IN) with a view to enhancing solidarity and ASEAN's competitiveness and capabilities in the intemational fora. [par. 49, Joint
Communique of the 3lst ASEAN Ministerial Meeting, Manila, Philippines, 24-25

July

1998J

Expand awareness, education and rehabilitation programs among the region's youth, including the work program on Skills Training for Out-of-School Youth, to eliminate the demand for illicit drugs by the year 2020. [Par. 6, ASEAN Foreign Ministers Joint Declaration.for
a Drug-Free ASEAN, Manila, Philippines, 25 July 1998J

At the same time, the achievements made in the nations of Southeast Asia in the fields of
education, science and technology development must be preserved from erosion at a time when national budgets are faced with various constraints derived from the economic and financial situation affecting the region. [Par. 13, Statement on Peqce in Southeast Asia on the Eve of the Third Millennium, Jakarta, Indonesia, I2 September 1998J

The interactions between peace and development in the context of open societies, consistent with their respective national identities, shall continue to progress in the region, through the effective mobilization of all pertinent institutions and key social actors, towards fostering of a culture of peace. Indeed, the peaceful resolution of
conflicts, the dialogue between cultures and religion, and the promotion of tolerance are, inter alia, key factors for giving a solid foundation to all endogenous development efforts, ensuring the participation of all. In this framework, education has a key role to play in nurturing shared values and, in particular, education for cooperative peace, social justice, rule of law, tolerance and international understanding, which should be fostered at all levels of education. [Par. ]4, Statement on Peace in Sontheast Asia on the Eve of the Third Millennium,
Jakarta, Indonesia, I2 September 1998J

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Working Group for an ASEAN Human Rights Mechanism

Introduce Intellectual Property as


institutions, [Par.

a subject in the curriculum of higher learning

2.7.3.g, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 1998]

Establish networks of science and technology centres of excellence and academic institutions by 2001 . [Par. 3.3, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December ]9981 Promote greater public and private sector collaboration in science and technology, particularly in information technology. [Par.3.7, Ha Noi Plan of Action, Ha No| Viet Nam, ]5
December 1998J

Undertake studies on the evolution of new working conditions and living environments resulting from widespread use of information technology by 2001 . [Par. 3.8, Ha Noi Ptan of
Action, Ha Noi, Viet Nam, I 5 December 19981

Strengthen the ASEAN University Network and move forward the process of transforming it into the ASEAN University. [Par. 5.1, Ha Noi Plan of Action, Ha Noi, Viet Nam,
l5 December 1998J

Strengthen the education systems in Member Countries by 2001 so that all groups of people, including the disadvantaged, can have equal access to basic, general and higher education. [Par. 5.2, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 1998J

Establish and strengthen networks in education and training, particularly those promoting occupational safety and health, skills training for out-of-school youth, distance education by 2004. [Par. 5.6, Ha Noi Plan of Action, Ha Noi, Viet Nam, t 5 December 1998J

Enhance public information and education in awareness of and participation in environmental and sustainable development issues. [Par.6.15, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 Decembet' 19951

MECHAIYISMS/GENERALCOOPER,ITIVE

ARRANGEMENTS

To provide assistance to each other in the form of training and research facilities in the educational, professional, technical and administrative spheres;

t70

ASEAN and Human Rights: A Compilatton of ASEAN Statements on Human Rights

XXX

To maintain close and beneficial cooperation with existing international and regional organizations with similar aims and pu{poses, and explore all avenues for even closer
cooperation among themselves. [The ASEAI{ Declaration (Bangkok Declaration), Bangkok,
August 1967J
8

DESIRING to establish a firm foundation for common action to promote regional cooperation in South-East Asia in the spirit of equality and partnership and thereby
contribute towards peace, progress and prosperity in the region;

CONSCIOUS that in an increasingly interdependent world, the cherished ideals of peace, freedom, social justice and economic well-being are best attained by fostering good understanding, good neighbourliness and meaningful cooperation among the countries of the region already bound together by ties of history and culture. [The ASEAN Declaration
(Bangkok Declaration), Bangkok, 8 August I 967J

To accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to
strengthen the foundation for a prosperous and peaceful community of South-East Asian Nations; [Par. I, The ASEAN Declaration (Bangkok Declaration), Bangkok, Thailand, S August 1967]

To promote active collaboration and mutual assistance on matters of common interest in the economic, social, cultural, technical, scientific and administrative fields; [Par. 3, The
ASEAN Declaration (Bangkok Declaration), Bangkok, Thailand,
S

Atrgust 1967J

To collaborate more effectively for the greater utilization of their agriculture and industries, the expansion of their trade, including the study of the problems of international commodity trade, the improvement of their transportation and
communications facilities and the raising of the living standards of their peoples; [Par.5, The ASEAI,{ Declaration (Bangkok Declaration), Bangkok, Thailand, I August 1967J

FIRMLY believing in the merits of regional cooperation which has drawn our countries to cooperate together in the economic, social and cultural fields in the Association of
South East Asian Nations;

BELIEVING in the need to meet present challenges and new developments by cooperating with all peace and freedom loving nations, both within and outside the
region, in the furtherance of world peace, stability and harmony; [Zone
o/'Peace Freedom and Ir{eutrality Declaration (Kuala Lumpur Declaration), Kuala Lumptn', Malaysia, 27 Novembet' 197 IJ

t7t

Working Group for an ASEAN Human Rights Mechanism

I-INDERTAKE
cooperation

to consolidate the

in the economic,

Concord, Bali, Indonesia,24 February 1976J

achievements of ASEAN and expand ASEAN social, cultural and political fields; [Declaration of ASEAN

The elimination of poverty, hunger, disease and illiteracy is a primary concern of member states. They shall therefore intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of the living standards of their peoples. [Declaration of ASEAN Concord, Bali, 24 Febnrary 1976J

The elimination of poverty, hunger, disease and illiteracy is a primary concem of member states. They shall therefore intensify cooperation in economic and social development, with particular emphasis on the promotion of social justice and on the improvement of the living standards of their peoples. [Declaration of ASEAN Concord, Bali,24 Febnrary 1976J

(i)

The principle of ASEAN cooperation on trade shall also be reflected on a priority basis in joint approaches to intemational commodity problems and other world economic problems such as the reform of international trading system, the reform of international monetary system and transfer of real resources, in the United Nations and other relevant multilateral fora, with a view to contributing to the establishment of the New International Economic
Order.

(ii)

B(4), Declaration ofASEAN Concord, Bali, Indonesia, 24 February 1976J

Member states shall be given priority to the stabilisation and increase of export earnings of those commodities produced and exported by them through commodity agreements including buffer-stock schemes and other means. [par.

ASEAN Concord, Bali, Indonesia, 24 February 19761

Intensification and expansion of existing cooperation in meeting the problems of population growth in the ASEAN region, and where possible, formulation of new strategies in collaboration with appropriate international agencies. [par. C(3), Dectaration of

Amity and Cooperation in Southeast Asia, Bali, 24 February 19761

BELIEVING in the need for cooperation with all peace-loving nations, both within and outside Southeast Asia, in the fuitherance of world peace stability and harmony; fTreaty of

The purpose

perpetual peace, everlasting amity and cooperation among their peoples which would contribute to their strength, solidarity and closer relationship. [Treaty of Amity and Cooperation in Southeast Asia, Bati, 24 Febnrary 1976J

of this Treaty is to promote

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

In their relations with one another, the High Contracting Parties shall be guided by the following fundamental principles :

63.

64. 65. 66. 67. 68.

Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations; The right of every State to lead its national existence free from extemal
interference, subversion or coercion; Non-interference in the intemal affairs of one another; Settlement of differences or disputes by peaceful means; Renunciation of the threat or use of force; Effective cooperation among themselves. [Chapter I, Article 2, Treaty of Amity and
Cooperation in Southeast Asia, Bali, 24 February 1976J

The High Contracting Parties, in order to achieve social justice and to raise the standards of living of the peoples of the region, shall intensify economic cooperation. For this purpose, they shall adopt appropriate regional strategies for economic development and mutual assistance. [Article 7, Treaty of Amity and Cooperation in Southeast Asia, Bali, 24 February
r

976/

The High Contracting Parties shall promote active cooperation in the economic, social, technical, scientific and administrative fields as well as in matters of common ideals and aspiration of international peace and stability in the region and all other matters of common interest. [Chapter III, Article 4, Treaty of Amity and Cooperation in Southeast Asia, Bali,
Indonesia, 24 Febnrary 19761

[I]n cases of calamities of major magnitude, upon the request from an affected Member Country, within its capability extend such assistance as may be needed; [Par. III(a), ASEAN
Declaration on Mutual Assistance on Natural Disasters, Manila, 26 June 1976J

Both parties expressed their willingness to cooperate for mutual benefit on projects including self-sufficiency on food production in the ASEAN regions, storage and distribution, land development, water utilisation, transportation and communications.
[Par. 19(c), ASEAN-EEC Joint Declaration, Kuala Lumpur, Malaysia, 7 March
1980J

The Meeting reviewed the developments in ASEAN regional cooperation and welcomed the efforts to intensify closer collaboration in the economic, social and cultural fields. The Meeting reaffirmed that these collective endeavours would further enhance the economic well-being of the region and its people. [Par. 37, Joint Communique of the ]4'h ASEAN Ministerial Meeting, Manila, l7-18 June l98lJ

t13

Working Group for an ASEAN Human Rights Mechanism

The Meeting expressed its appreciation to the ASEAN Economic Ministers on Energy Cooperation for their role in promoting cooperative endeavours in conventional and nonconventional energy. It welcomed the progress made in the area of non-conventional energy such as solar, biogas, geothermal, wind, dendrothermal, and microhydro energy. Cooperation in the field of conventional energy has been identified as coal and power utilities. [Par.44, Joint Communique of the 14th ASEAN Ministerial Meeting, Manila, I7-18 hrne IgBIJ

ASEAN Ministerial Meeting, Manila, I7-18 June 19811

The Meeting welcomed the adoption of the ASEAN Declaration on the Environment agreed in Manila on 30 April 1981 during the First ASEAN Ministerial Meeting on the Environment. It commended the adoption by the Ministers of Environment of the ASEAN Environmental Programme covering the following priority areas: marine environment, environmental management including environmental impact assessment, nature conservation and terrestrial ecosystems, industry and environment, environmental education and training and environmental information. [Par.46, Joint Commtrnique of the t4'h

The Foreign Ministers welcomed the growing interest and the desire of other states, regional organizations and international community to have contacts with ASEAN. The Foreign Ministers agreed that in international relations ASEAN should pursue such activities that will promote mutually beneficial economic and political cooperation which will help the progress of the ASEAN countries and contribute to the maintenance of peace and prosperity in Southeast Asia. [Par. ]3, Joint Communique of the I5'h ASEAN Ministeriat
Meeting, Singapore, I4-16 June 1982J

The Second Meeting of ASEAN Ministers for Science and Technology emphasized the importance of science and technology for economic development and agreed that the objectives of ASEAN programmes in science and technology shall be directed towards intensifying regional cooperation, promoting technological and manpower development, accelerating technology transfer and the effective and efficient use of natural resources. [Par' 7, Joint Communique of the Second Meeting of the ASEAN Ministers of Science and Technology,
Jakarta, Indonesia, I5-17 November 1983J

The Meeting also agreed that ASEAN cooperation and the formulation of ASEAN programmes shall be guided by the principle of overall ASEAN framework in her efforts to bring social, economic and cultural benefits for the cooperating parties. The principle of cooperation shall also be applied to the private sector in order that the research rm,.tltt be utilized for the benefit of the ASEAN region. [Par. 8, Joint Communique of the Second
Meeting of the ASEAN Ministers of Science and Technology, Jakarta, Indonesia, I5-17 November 19831

The ASEAN Member Countries hereby agree to cooperate in the efficient development and use of all forms of energy, whether commercial, non-commercial, renewable or non-

n4

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

renewable,

in modalities that may be appropriately designed by them for the above


l(l),
Agreement on ASEAN Energy Cooperation, Manila,24 June 1986J

purpose. [Article

The Ministers agreed on the significance of the social cultural dimension of their cooperation. They also agreed that greater emphasis should be given to enhancing and upgrading this area of cooperation in the future. [Par. I I , Joint Declaration of the Sixth ASEANEC Ministerial Meeting, Jakarta, Indonesia, 20-2 1 October 1986J

ASEAN functional cooperation shall promote increased awareness of ASEAN, wider involvement and increased participation and cooperation by the peoples of ASEAN, and
development of human resources. [Manila Declaration of 1987, Manila, l5 December 1987]

Member states shall encourage an environment in which the private sector can play an increasing role in economic development and in intra-ASEAN cooperation. [Par. 7, Manila Declaration of 1987, Manila, Philippines, l5 December 1987J

Intra-ASEAN functional cooperation shall be designed for a wider involvement and increased participation by the women and youth, as well as Non-Governmental Organizations, Inter-Governmental Organizations and ASEAN Inter-Parliamentary
Organization. [Par. ]8, Manila Declaration of 1987, Manila, l5 December 1987J

ASEAN shall intensify its cooperation on health, drug abuse prevention and com\ating illicit trafficking in drugs, labour, law, population, child survival and welfare, sociocultural programmes, and science and technology. [Par.
Philippines, I5 December 19871
19,

Manila Declaration of 1987, Manita,

In the

area of environment, ASEAN shall cooperate in promoting the principle of sustainable development and systematically integrating it into all aspects of development and shall focus on the need for policy guidelines to protect ASEAN's common resources
and envirOnment. [Par. 20, Manila Declaration of 1987, Manila, I5 December 1987]

ASEAN shall intensify its cooperation on health, drug abuse prevention and combating illicit trafficking in drugs, labour, law, population, child survival and welfare, sociocultural programmes and science and technology. [Par. ]9, Functional Cooperation, Manila
Declaration of 1987, Manila, I5 December 1987J

The Ministers were of the view that international cooperation to promote and encourage respect for human rights and for fundamental freedoms for all without distinction to race,
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Working Group for an ASEAN Human Rights Mechanism

sex and religion should be enhanced. Jrar.


Meeting, Luxembourg, 30-31 May 19911

7,

Joint Declaration of the Ninth EC-ASEAN Ministerial

in environmental and developmental issues. Both sides reiterated that environmental and developmental problems whether local, regional and global must be addressed urgently and on the basis of concerted action and equitably shared responsibility of all nalioni, taking into account the capabilities of each, in order to achieve sustainable development and continued economic growth. [Par. 62, Joint Declaration of the Ninth EC-ASEAN Ministerial
Meeting, Luxembourg, 30-31 May

The Ministers further recognized the growing importance of cooperation

l99ll

ASEAN shall move towards a higher plane of political and economic cooperation to secure regional peace and prosperity; [Par. 2, Singapore Declaration of 1992, Singapore, 28
January 1992J

The Foreign Ministers expressed satisfaction at the progress of ASEAN cooperation in science and technology, environment, culture and information, social development, drugs and narcotics control and civil service matters. Cooperation in these areas has become a more sophisticated and taken a truly ASEAN character. Since the founding of ASEAN, functional cooperation has provided a firm foundation and a rallying point for common action towards strengthening ASEAN solidarity and cooperation. Following the decisions of the Fourth ASEAN Summit, ASEAN-developed technologies are being commercialized and transferred; strategies for the implementation of Agenda 2l fir environmentally sound and sustainable development are being formulated; the global thrusts and priorities in culture and information are being developed; increased participation of women in development is being promoted; and, the ASEAN Task Force on AIDS has been established and held its first meeting in Jakarta in March 1993. fpar. zo, Joint Commtrnique of the 26'h ASEAN Ministerial Meeting, singapore, 23-24 Juty 1993J

Cooperative peace and shared prosperity shall be the fundamental goals of ASEAN; [par. 7 (a)' Bangkok Summit Declaration of I 995, 5'h ASEAN Summit, Bangkok, Thailand, I 5 December 1995J

We renewed our commitment to reinvigorate and to intensify our long-standing dialogue and cooperation on issues of peace and security, the environment and sustainable development, trade and investment, human rights, based on partnership, shared responsibility and mutual benefit. [Par. 5, Joint Declaration of the ]2't' ASEAN-ELI Ministerial
Meeting, Singapore, I3-14 February 1997/

We agreed to coordinate our efforts in responding to new global challenges, such as the environment, international terrorism, transnational organised crime, trafficking in people, especially in women, and the sexual exploitation of children, drug abuse and illicit drug

lt6

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

trafficking, money laundering and diversion of chemical precursors; [Par. I0(v),


Declaration of the I 2th ASEAN-EU Ministerial Meeting, Singapore,
I 3- I 4

Joint

February I 997J

We discussed ASEAN-EU cooperation and reafhrmed our commitment to give priority to the alleviation of poverty, human resource development, health and family planning, the role of women, respect for human rights, environment and sustainable development, taking into account the individual ASEAN countries'needs. [Par. 14, Joint Declaration of the
I2'h ASEAN-EU Ministerial Meeting, Singapore, I3-14 February 19971

On the Asia Pacific region as a whole, the Foreign Ministers reiterated the importance of friendly and cooperative relations among the major regional powers to sustain peace and stability as well as promote economic growth. [Par. 19, Joint Communique of the 30th ASEAN
Ministerial Meeting, SubangJaya, Malaysia, 24-25 July 1997J

They further stressed the need for sustained cooperation in addressing transnational concerns including the fight against terrorism, trafficking of people, illicit drugs and arrns, piracy and communicable diseases. [Par. 52, Joint Communique o.f the 30'h ASEAN
Ministerial Meeting, SubangJaya, Malaysia, 24-25 July 1997J

We envision the evolution in Southeast Asia of agreed rules of behaviour and cooperative measures to deal with problems that can be met only on a regional scale, including environmental pollution and degradation, drug trafficking, trafficking in women and children, and other transnational crimes. [Par. 28, ASEAN Vision 2020, Kuala Lumpur, Malaysia, l5 December 1997J

Referring to decisions at the Second ASEAN informal Summit, the Foreign Ministers agreed to cooperate in ensuring the conservation and sustainability of water resources and welcomed the resolution to take firm and stern measures to combat transnational crimes such as drug trafficking and trafficking in women and children, as well as the Proposal to establish a Regional Cooperation on Nuclear Safety and Nuclear Waste Management. They exhorted ASEAN member countries to take concrete steps to pursue these initiatives. [Par. 5, Joint Communique of the 3]'t ASEAN Ministerial Meeting, Manila, Philippines, 2425 July 1998J

The Foreign Ministers recalled the decision of the 26th ASEAN Ministerial Meeting held on23-24 July 1993 in Singapore to consider the establishment of an appropriate regional mechanism on human rights and noted the establishment of the informal nongovernmental Working Group for an ASEAN Human Rights Mechanism. [Par. 28, Joint Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

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Working Group for an ASEAN Human Rights Mechanism

Considering the effects of globalizatron, the Foreign Ministers affirmed the assertion of ASEM II on the need to cooperate on such global issues as human resource development, including management education, the fight against poverty, food supply, improvement of community health, employment, protection of the environment and promotion of sustainable development, and the fight against drugs and international crime and promotion of the welfare of women and children. [Par. 45, Joint Communiqne of the 31" ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July 1998J

Foreign Ministers affirmed efforts

to intensify programmes that enhance human

development, alleviate poverty, promote sustainable development, eradicate transnational crime, promote cultural cooperation, enhance information technology and information sharing, project ASEAN within and outside the region, and strengthen the institutions and mechanisms of ASEAN that support the realization of this vision. [par. 48, Joint Communique of the 3l't ASEAN Ministerial Meeting, Manila, Philippines, 24-25 Juty 19981

The Foreign Ministers reiterated the need for enhancing regional efforts against transnational crimes, such as illicit drug trafficking, terrorism, money laundering, and trafficking in women and children. [Par. 59, Joint Commtmique of the 3]" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998J
Enhance exchange of information in the field of human rights among ASEAN Countries in order to promote and protect all human rights and fundamental freedoms of all peoples in accordance with the Charter of the United Nations, the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action. [par.4.8, Ha Noi ptan of Action, Ha Noi, Viet Nam, I5 December 1998J

We recalled the decision of the 26th ASEAN Ministerial Meering held on 23-24 July 1993 in Singapore to consider the establishment of an appropriate regional mechanism on human rights and noted the establishment of the informal non-governmental Working Group for an ASEAN Human Rights Mechanism. The Working Group and ASEAN officials have met regularly since the 29'h ASEAN Ministerial Meeting in Jakarta, most recently on22 July 1999 in Singapore. We recognised the importance of continuing these
dialogues. [Par. 50, Joint Communique of the 32'd ASEAN Ministerial Meeting, Singapore,23-24 Juty
t

gee|

The Foreign Ministers underscored the need to strengthen cooperation on transnational issues affecting the region, especially those related to environment, trafficking in persons, trafficking of illicit drugs, transnational crime and HIV/AIDS. yrar. 10, Joint Commnnique of
the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 July 2000J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers emphasized the importance of greater regional and international cooperation in dealing with the rise of transnational crime, which threatens the economic prosperity and stability of the region. They welcomed the efforts of the ASEAN Ministerial Meeting on Transnational Crime to strengthen the regional capabilities to deal with this problem and expedite the process leading to the establishment of the ASEAN Centre for Combating Transnational Crime. In this regard, they noted the progress being made towards the completion of the elaboration of the United Nations Convention against Transnational Organized Crime and its 3 additional Protocols. They also welcomed the contribution of the Asia-Pacif,rc Ministerial Seminar on "Building Capacities for Fighting Transnational Organized Crime" held in Bangkok on 20-21 March 2000 in promoting regional cooperation on this issue. [Par. 32, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 July 2000J

In recalling the decision of the 26th ASEAN Ministerial Meeting held in Singapore on 23-24 July 1993 to consider the establishment of an appropriate regional mechanism on human rights, the Foreign Ministers noted with appreciation the consultations between the ASEAN Senior Officials and the Working Group for an ASEAN Human Rights Mechanism. They also noted the establishment of a national mechanism on human rights in some ASEAN countries. [Par. 33, Joint Communique of the 33rd ASEAN Ministerial Meeting,
Bangkok, Thailand, 24-25 July 20001

The Foreign Ministers looked forward to their own meeting with the Foreign Ministers of China, Japan and the Republic of Korea on 26 July. They hoped to intensify cooperation in such areas as human resources development, science and technology, culture and information, health and transnational issues. They looked, forward to exploring mechanisms and modalities for strengthening cooperation in the implementation of the Joint Statement on East Asia Cooperation as well as promoting peace and stability in East Asia. [Par. 35, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25
July 20001

The Foreign Ministers expressed hope that the Dialogue Partners would accord a high priority to supporting the recovery and growth of ASEAN by cooperating with ASEAN in trade, investment, market access, human resources development, science and technology, information technology, the environment and social and cultural development. They emphasized the importance of international and multilateral cooperation in combating transnational crimes. [Par. 64, Joint Communique of the 33rd ASEAN
Ministerial Meeting, Bangkok, Thailand, 24-25 July 2000J

We reaffirmed our support for the Non-Aligned Movement (NAM) and stressed the importance of enhancing the movement's capacity to be a unifying forum for cooperation among developing countries, effectively representing aspirations and interests of the developing world. We expressed ,our hope that recent NAM initiatives to strengthen the
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Working Group for an ASEAN Human Rights Mechanism

the 34'' ASEAN Ministerial Meeting, Hanoi, 23-24 Juty 2001J

folt!,-S9|th cooperation would be implemented successfully. [par.

23,

Joint Communiqr.e

o./'

We recalled the decision made by the 26th ASEAN Ministerial Meeting held in Singapore on 13-14 July 1993 to consider the establishment of an appropriate regional
mechanism on human rights and noted the consultations between the ASEAN Senior Officials and the Working Group for an ASEAN Human Rights Mechanism. We acknowledged the efforts of the Working Group in realizing this objective, including the convening of a Workshop for an ASEAN Human Rights Mechanism in Jakarta, Indonesia, on 5-6 July 2001. In this connection, we agreed that ASEAN-ISIS should also be involved in the discussions especially in the broader context of a People's ASEAN.
fPar.
30, Joint Commttnique of the 34't' ASEAN Ministerial Meeting, Hanoi, 23-24 Juty 20btJ

We attached high importance to the Greater Mekong Sub-regional Cooperation program (GMS), which aims to increase intra-regional cross border trade through better ptryiicat linkages to create more positive investment climate; and to strengthen labor force and markets through human resource development initiatives. In this regard, we noted that there is a natural complementarity between the aims of the GMS programs and the ASEAN's interest and activities in the Mekong sub-region including through the ASEAN Mekong Basin Development Cooperation (AMBDC) which underlines the need for closer cooperation and coordination between the two bodies. [par. 35, Joint Commnnique of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 July 200|J

In this regard, we agreed to request the ASEAN Senior Officials on Drug Matters (ASOD) to consider how to implement such measures, including the possibility of establishing an appropriate ASEAN mechanism to combat illegal drugs and narcotics trafficking. [Par. 55, Joint Commttnique of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 Jtrly
2001J

In the context of ASEAN overall development cooperation with Dialogue partners, we reiterated that the principle of non-discrimination should be upheld und r"ri..ted in the Dialogue Partners relations with ASEAN and agreed that development cooperation activities in the dialogue process should involve ASEAN as one regional entity. [par. 58, Joint communique of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 Juty 2001J
We stressed ASEAN's continued interest in enhancing closer cooperation with the United Nations, inter-governmental and regional organizations. [par. 60, Joint Commttnique of the 34,h

ASEAN Ministerial Meeting, Hanoi, 23-24 July 2001J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

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. Review and strengthen our national mechanisms to combat terrorism; Call for the early signing/ratification of or accession to all relevant anti-terrorist conventions including the Intemational Convention for the Suppression of the Financing of Terrorism; Deepen cooperation among our front-line law enforcement agencies in combatting terrorism and sharing "best practices"; Study relevant intemational conventions on terrorism with the view to integrating them with ASEAN mechanisms on combating international tenorism; 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 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; 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 intemational 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 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. [2001 ASEAN Declaration On Joint Action To
Counter Terrorism, Brunei Dantssalam, 5 November 2001]

We affirmed our commitment to strengthen ASEAN collaboration and its regional capacity to effectively combat cyber crime as a unified entity in the spirit of ASEAN
solidarity and co-operation. [Par. 17, Joint Commnnique of the Third ASEAN Ministerial Meeting Transnational Crime, Singapore, l1 October 2001J
on

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. . . . 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 intemational treaties where feasible.

l8r

Working Group for an ASEAN Human Rights Mechanism

' development of multilateral or bilateral legal alrangements 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; [Par. ]2, Joint Communique of the Special
ASEAN Ministerial Meeting on Terrorism, Kuala Lumpur, 20-21 May 2002J

We are fully committed to strengthening our bilateral, regional and international


cooperation to counter terrorism in a comprehensive manner and to make Southeast Asia a safer place for all as reflected in the 7th ASEAN Summit Declaration on Joint Action to Counter Terrorism. We believe this would ensure peace, stability and security in our efforts to achieve greater development, progress and prosperity in ASEAN. [Par. 3, Joint
Communique of the 35'h ASEAN Ministerial Meeting, Bandar Seri Begawan, 29-30 July 2002J

We were pleased with the progress that ASEAN has achieved in promoting functional cooperation. We commended the work produced by our Ministers responsible for Social Welfare, Science and Technology, Health, Environment, Labour, Law and Transnational Crimes and expressed full support for the implementation of their recommendations. [Par.
27, Joint Communique of the 35'h ASEAN Ministerial Meeting, Bandar Seri Begawan, 29-30 July 20021

We recalled the decision made by the 26th ASEAN Ministerial Meeting to consider the establishment of an appropriate mechanism on human rights. In this regard, we noted the First and Second Workshops on the ASEAN Regional Mechanism on Human Rights hosted respectively by Indonesia from 5-6 July 2001 and the Philippines from 13-15 June 2002. We also noted the 9th ASEAN-ISIS Colloquium on Human Rights, held from 23-24 February 2002, in Manila. We deemed that these efforts could contribute in enhancing the exchange of views among different sectors in ASEAN towards the realisation of the concept of an ASEAN human rights mechanism. We also acknowledged the importance of continuing dialogue with the Working Group for an ASEAN Human Rights
Mechanism. [Par.
29-30 July 20021
32,

Joint Communique of the

35'h

ASEA]{ Ministerial Meeting, Bandar Seri Begawan,

We reaffirmed the usefulness of informal open and frank dialogue amongst ASEAN to address issues of common concern to the region. We have strengthened the ASEAN mechanism by having an annual Leaders' Summit, Ministerial Meetings and Retreats to guide, assess and review developments in ASEAN and its relationship with friends and partners. In recognising the need for ASEAN to remain relevant and able to respond and adapt to changes in the regional and intemational environment, we agreed to meet and consult on urgent issues in a timely manner. [Par.36, Joint Communique of the 35'h ASEAN
Ministerial Meeting, Bandar Seri Begawan, 29-30 July 2002J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We believed that ASEAN continues to provide the necessary and relevant framework for cooperation and dialogue among nations and peoples. We are therefore resolved to work closely together to meet the challenges to regional peace, stability and sustained growth in the ASEAN region with renewed vigour to build a strong foundation for a secure and prosperous ASEAN. [Par. 54, Joint Communique of the 3sth ASEAN Ministerial Meeting, Bandar Seri
Begawan, 29-30 July 2002J

Acknowledging the value of existing cooperation on security, intelligence and law enforcement matters, and desiring to strengthen and expand this cooperation to combat international terrorism through the ASEAN Ministerial Meeting on Transnational Crime, as a leading ASEAN body for combating terrorism, and other mechanisms;
Recognising the transnational nature of terrorist activities and the need to strengthen international cooperation at all levels in combating terrorism in a comprehensive manner; Desiring to enhance counter-terrorism cooperation between the relevant agencies of the participants' governments ; Solemnly declare as follows:
Objectives 1. The participants reaffirm the importance of having a framework for cooperation to prevent, disrupt and combat international terrorism through the exchange and flow of information, intelligence and capacity-building. 2. The participants emphasize that the purpose of this cooperation is to enhance the efficacy of those efforts to combat terrorism.
Scope and Areas of Cooperation 3. The participants stress their commitment to seek to implement the principles laid out in this Declaration, in accordance with their respective domestic laws and

their specific circumstances, in any or all of the following activities: L Continue and improve intelligence and terrorist financing information sharing on counter-terrorism measures, including the development of more effective counter-terrorism policies and legal, regulatory and administrative counter-terrorism regimes. II. Enhance liaison relationships amongst their law enforcement agencies to engender practical counter-terrorism regimes ilI. Strengthen capacity-building efforts through training and education; consultations between officials, analysts and field operators; and seminars, conferences and joint operations as appropriate. IV. Provide assistance on transportation, border and immigration control challenges, including document and identity fraud to stem effectively the flow of terrorist-related material, money and people. V. Comply with United Nations Security Council Resolutions 1373, 1267, 1390 and other United Nations resolutions or declarations on intemational terrorism.

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Working Group for an ASEAN Human Rights Mechanism

VI.

Explore on a mutual basis additional areas of cooperation. [ASEANUnited States of America Joint Declaration for Cooperation to Combat International Terrorism, Bandar Seri Begawan, I August 2002J

We are determined to carry out and build on the specific measures outlined in the ASEAN Declaration on Joint Action to Counter Terrorism, which we adopted in Brunei Darussalam in November 2001. We resolve to intensify our efforts, collectively and individually, to prevent, counter and suppress the activities of terrorist groups in the region. The ASEAN countries shall continue with practical cooperative measures among ourselves and with the international community. [Par. 3, Declaration on Terrorism by the Eighth
ASEAN Summit, Phnom Penh, Cambodia, 3 November 2002J

Believing that regional and international cooperation needs to be strengthened to address non-traditional security issues and that ASEAN and China are close neighbours and share extensive common interests in coping with these issues;
XXX

Confirming that cooperation should be conducted on the basis of observing the Five Principles of Peaceful Coexistence and other universally recognized norrns of international law, which are embodied in the Charter of the United Nations and the Treaty of Amity and Cooperation in Southeast Asia, and respecting the legal systems of all countries; Determined to fuilher strengthen and deepen cooperation in the field of non-traditional security issues, we task our Ministers concerned to follow up on the implementation of this Declaration by understanding the following: I. Objectives

In light of the shared needs of all sides, measures and modalities for cooperation in the field of non-traditional security issues will be formulated to enhance their capacity in dealing with non-traditional security issues, promote their stability and development and
safeguard regional peace and security;

II. Priority and Form of Cooperation 1. The priorities at the current stage of cooperation are combating trafficking in illegal drugs, people-smuggling including trafficking in women and children, sea piracy, terrorism, arrns-smuggling, money-laundering, intemational economic
crime and cyber crime; 2. On the basis of deepening the existing multilateral and bilateral cooperation, a) To strengthen information exchange, b) To strengthen personnel exchange and training and enhance capacity-building, c) To strengthen practical cooperation on non-traditional security issues, d) To strengthen joint research on non-traditional security issues, and e) To explore other areas and modalities of cooperation. [Joint Declaration of ASEAN and
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

China on Cooperation in the Field of Non-Traditional SecuriQ Issues, Sixth ASEAN-China Summit, Phnom Penh, Cambodia,4 November 20021

We acknowledged the equally significant importance of the political security cooperation in the process of achieving ASEAN integration. We agreed to continue considering this component of integration that will ensure peace, stability, and prosperity in the region.
[Par.
2003J
16, Joint Communique of the Sdh

,lSZ.lw Ministerial Meeting, Phnom Penh, Cambodia, ]6-17 June

Recognizing the vital importance of regional and international cooperation in preventing and combating trans-boundary haze pollution and mitigating its effects, we welcomed the ratification of the ASEAN Agreement on Transboundary Haze Pollution by five membercountries. We called on the other member-states to ratify the Agreement as soon as possible in order to ensure its early entry into force. We affirmed our commitment to its implementation as soon as possible. [Par. 32, Joint Communique of the 36'h ASEAN Ministerial
Meeting, Phnom Penh, Cambodia, l6-17 June 20031

We reaffirmed our commitment to the protection and promotion of human rights. In this regard, we noted the ongoing ASEAN efforts and dialogues with the non-governmental Working Group for an ASEAN Human Rights Mechanism. We took note of the meeting between the ASEAN Senior Officials and the Working Group for an ASEAN Human Rights Mechanism in Phnom Penh on 14 June 2003 and the Track II conference on human rights held in Bangkok on 28-29 May 2003. We also noted the establishment of national human rights mechanisms in some Member Countries. [Par. 36, Joint Communique of
the 36'h ASEAN Ministerial Meeting, Phnom Penh, Cambodia, 16-17 June 20031

DO HEREBY DECLARE THAT:


1.

An ASEAN Community shall be established comprising three pillars, namely political and security cooperation, economic cooperation, and socio-cultural

cooperation that are closely intertwined and mutually reinforcing for the purpose of ensuring durable peace, stability and shared prosperity in the region; 2. ASEAN shall continue its efforts to ensure closer and mutually beneficial integration among its member states and among their peoples, and to promote regional peace and stability, security, development and prosperity with a view to realizing an ASEAN Community that is open, dynamic and resilient;
J.
a

ASEAN shall respond to the new dynamics within the respective ASEAN Member Countries and shall urgently and effectively address the challenge of translating ASEAN cultural diversities and different economic levels into equitable development opportunity and prosperity, in an environment of
solidarity, regional resilience and harmony;

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Working Group for an ASEAN Human Rights Mechanism

4.

ASEAN shall nurture common values, such as habit of consultation to discuss political issues and the willingness to share information on matters of common concern, such as environmental degradation, maritime security cooperation, the enhancement of defense cooperation among ASEAN countries, develop a set of socio-political values and principles, and resolve to settle long-standing disputes

through peaceful means; The Treaty of Amity and Cooperation in Southeast Asia (TAC) is the key code of conduct governing relations between states and a diplomatic instrument for the promotion of peace and stability in the region; 6. The ASEAN Regional Forum (ARF) shall remain the primary forum in enhancing political and security cooperation in the Asia Pacific region, as well as the pivot in building peace and stability in the region. ASEAN shall enhance its role in further advancing the stages of cooperation within the ARF to ensure the security of the Asia Pacific region: 7. ASEAN is committed to deepening and broadening its intemal economic integration and linkages with the world economy to realize an ASEAN Economic Community through a bold, pragmatic and unified strategy; 8. ASEAN shall further build on the momentum already gained in the ASEAN+3 process so as to further draw synergies through broader and deeper cooperation in various areas; 9. ASEAN shall build upon opportunities for mutually beneficial regional integration arising from its existing initiatives and those with partners, through enhanced trade and investment links as well as through IAI process and the RIA; 10. ASEAN shall continue to foster a community of caring societies and promote a common regional identity; [Declaration of ASEAN CONCORD II, Bati, Indonesia, 7

5.

October 2003J

In today's world that is undergoing complex and profound changes, the enhanced cooperation between ASEAN and China, as two important partners in the Asia-Pacific region, will serve the immediate and long-term interests of both sides and is conducive to peace and prosperity in the region. To this end, we agree that ASEAN and China establish "a strategic partnership for peace and prosperity".sPar. 3, Joint Declaration of the Heads of State/Government of ASEAN and the People's Republic of China on Strategic Partnership for
Peace and Prosperity, Bali, Indonesia, 8 October 2003J

We declare that the purpose of the establishment of a strategic partnership for peace and prosperity is to foster friendly relations, mutually beneficial cooperation and good neighbourliness between ASEAN and China by deepening and expanding ASEAN-China cooperative relations in a comprehensive manner in the 21st century, thereby contributing further to the region's long-term peace, development and cooperation. This strategic partnership is non-aligned, non-mihtary, and non-exclusive, and does not prevent the participants from developing their all-directional ties of friendship and cooperation with
others. [Par.
4, Joint Declaration of the Heads of State/Government of ASEAN and the People's Republic o/'China on Strategic Partnership.for Peace and Prosperity, Bali, Indonesia, S October 2003J

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We agree that ASEAN-China Strategic Partnership for Peace and Prosperity is

comprehensive and forward-looking cooperation focusing on politics, economy, social affairs, security and international and regional affairs. [Par. 6, Joint Declaration of the Heads of State/Government of ASEAN and the People's Republic of China on Strategic Partnershipfor Peace and
Prosperity, Bali, Indonesia, 8 October 20031

MOVEMENT AND MIGRATION


The Foreign Ministers reaffinned that their commitment to the Comprehensive Plan of Action (CPA) adopted at the International Conference on Indochinese Refugees held in Geneva in June, 1989 is subject to a durable solution of the boat people problem within the agreed time frame. The humanitarian solution to this problem lies in the balanced and coordinated implementation of all the provisions of the CPA. Jrar. 20, Joint Communique of the 23''d ASEAN Ministerial Meeting, Jakarta, Zl-ZS luty IOOOI

The Foreign Ministers recognized the need to focus attention on such issues as narcotics, economic crimes, including money laundering, environment and illegal migration which transcend borders and affect the lives of the people in the region. [Par. 44, Joint Communique of the 29'h ASEAN Ministerial Meeting, Jakarta, Indoiesii, 20-21 Juty 1996J

We welcomed the outcome of the Second Regional Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime in Bali on 29 April 2003. We urged the international community to assist source countries in addressing the root causes of the illegal movement of people, contribute to support programs for displaced persons, and help in alleviating the plight of refugees. [Par. 24, Joint Communique of the 36't' ASEAN
Ministerial Meeting, Phnom Penh, Cambodia, I6-17 June 2003J

ARMS

C O N TRO L/DISARMAME N

COGNIZANT of the significant trend towards establishing nuclear-free zones, as in the "Treaty for the Prohibition of Nuclear Weapons in Latin America" and the Lusaka Declaration proclaiming Africa as a nuclear-free zone, for the purpose of promoting world peace and security by reducing the areas of international conflicts and tension;
[Zone of Peace Freedom and Neutrality Declaration (Kuala Lumpur Declaration), Kuala Lumpur, 27 November I97ll

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The meeting deplored nuclear tests anywhere in the world. Such tests pose unknown hazards to human life, disturb ecology and pollute the environment, and are in defiance of the declaration adopted by the Stockholm Conference on Human Environment. Moreover, they are contrary to the letter and spirit of the IIN Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water, which has received almost universal support. [Par. 3, The ASEAN Foreign Ministers Meeting to Discuss International
Developments Alfecting the Region, Manila, l3-14 July 19721

The Foreign Ministers reiterated their determination to continue all possible efforts towards the realization of Southeast Asia as a Zone of Peace, Freedom, and Neutrality (ZOPFAN) and in this respect welcomed the revival of the Working Group on ZOPFAN and endorsed its various recommendations including studies on various aspects and elements of ZOPFAN such as Nuclear Weapons Free Zone. They agreed to implement the recommendation of the ASEAN Task Force on ZOPFAN, 1Par. 7l Joint Communique o/
the l7't' ASEAl,,l Ministerial Meeting, Jakarta, 9-10 Juty 1984J

Noting that the Kampuchean problem remains the principal obstacle towards the realization of ZOPFAN, the Foreign Ministers reaffirmed ASEAN's determination to continue to pursue actively this ultimate political objective. On the Nuclear-WeaponFree-Zone concept, they noted with satisfaction that this concept, as a component of
ZOPFAN is now under active study by the Working Group on ZOPFAN. They directed the Senior Officials and the Working Group to continue with the consideration of this subject in all its aspects, with a view to arriving at a more detailed elaboration of the principles, objectives and elements of such a Nuclear-Weapon-Free-Zone as well as possible ways and means of implementing it taking into account all the implications of the matter. [Par. 52, Joint Communique of the ]8't'ASEAN Ministerial Meeting, Krrala Lumpur, g htly
1

98sJ

The Foreign Ministers viewed with deep concem the continuing escalation in the global arms race, particularly in the nuclear field. They urged the nuclear weapon states to heed the overwhelming desire of the international community to halt the competitive accumulation and modernization of nuclear armaments by engaging in serious negotiations on disarmament, taking into account not only their own security concems but also the concems of others, especially the developing non-nuclear weapon states, 1par.
65, Joint Commttnique oJ'the l8'h ASEAN Ministerial Meeting, Kcrala Ltrmpur, g

Juty

1955J

Taking note that the Third Review Conference of the Treaty on Non-Proliferation of Nuclear Weapons (NPT) would be held in Geneva in August 1985, the Foreign Ministers expressed their concern over the unbalanced implementation of the essential elements of the NPT. The Foreign Ministers urged the nuclear weapon states parties to the Treaty to fulfill their obligations under Article VI of the Treaty "to pursue negotiations in good faith on effective measures relating to cessation of the nuclear affns race at an early date and on nuclear disarmament, and on a treaty on general and complete disarmament under
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strict and effective international control." The Foreign Ministers stressed in particular the need to ensure the fullest possible exchange of nuclear technology for peaceful purposes which is of fundamental importance to the developing countries. The Foreign Ministers further called upon the nuclear powers to proceed without fuither delay to undertake multilateral negotiations on a comprehensive test ban. [Par.66, Joint Commtmique of the IStt'
ASEAN Ministerial Meeting, Kuala Lumpur, 9 July 1985J

The Foreign Ministers reaffirmed ASEAN's determination to pursue efforts towards the realization of the Zone of Peace, Freedom and Neutrality (ZOPFAN) in Southeast Asia, while recognizing that the Kampuchean problem remains an obstacle to the attainment of this objective. They noted with satisfaction the Progress Report of the Working Group on ZOPFAN which has been entrusted with the task of studying the concept of Southeast Asia Nuclear-Weapon-Free-Zone (SEA,NWFZ), as a component of ZOPFAN. The Foreign Ministers requested the Senior Officials and the Working Group to continue with the consideration of the subject in all its aspects, including a comprehensive definition of the principles, objectives and elements involved with a view to drafting as soon as possible a treaty on the SEAA{WFZ takrng into account all its implications. [Par. 39, Joint
Commtmique of the l9t1' ASEAN Ministerial Meeting, Manila, 23-28 Jtme 1986J

The Foreign Ministers viewed with deep concern the continuing escalation of the global arrns race, particularly in its nuclear dimension. They expressed their sincere hope that the resumed negotiations between the United States of America and the Union of Soviet Socialist Republics in Geneva will yield early and concrete results and welcomed the constructive proposals recently tabled atthat forum to bring about genuine, verifiable and balanced arms reductions. The Foreign Ministers called on the nuclear-weapon states, especially the two major powers, in their negotiations to build on past agreements rather than to abandon them. They specifically appealed to the major powers to continue to abide by their unilateral commitments to observe the terms of the 1979 SALT II accord. The Foreign Ministers reiterated their call on the nuclear-weapon states to take into account, not only their own security concerns but also those of the entire international community, especially the developing non-nuclear-weapon states. [Par. 75, Joint
Commnniqtre of the t9'h ASEAN Ministerial Meeting, Manila, 23-28 June 19861

The Foreign Ministers welcomed the decision to convene an international conference on disarmament and development as called for in UNGA Resolution 401155 of 16 December 1985 adopted at the 40th Session of the United Nations General Assembly. They regretted the postponement of the conference and expressed the hope that it should definitely be held in 1987. [Par. 76, Joint Commttnique of the I9't' ASEAN Ministerial Meeting,
Manila, 23-28 June 1986J

The Foreign Ministers, despite their persistent and grave concem with the continuing escalation of the global affns race, particularly in its nuclear dimension, noted with interest some encouraging developments in multilateral and bilateral arms limitation and
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Working Group for an ASEAN Human Rights Mechanism

disarmament endeavours including the bilateral negotiations on intennediate range nuclear forces in Geneva. They appealed to all countries, particularly the major powers, to demonstrate political will and to engage in genuine dialogue and negotiations towards the removal and destruction of nuclear and chemical weapons. To this end, the major powers should take into account the security concerns of all states and not merely their own global strategic interests. [Par.65, Joint Communique of the 20'h ASEAN Ministerial Meeting,
Singapore, l5-16 June 19871

The Foreign Ministers looked forward to the convening of the International Conference on the Relationship between Disarmament and Development to be held in New York, 24 August - 11 September 1987. They expressed the hope that all the members of the United Nations, especially states which possess the largest military arsenals and most developed states, would participate actively in the Conference to ensure its success, in an earnest effort to promote economic and social development of all nations through the implementation of disarmament measures. [Par. 67, Joint Communique of the 20'h ASEAN
Ministerial Meeting, Singapore, I5-16 June 1987J

The Foreign Ministers recognized that the decision to convene the Third Special Session of the UN General Assembly on Disarmament (SSOD III) is timely due to the profound sense of urgency with which members of the United Nations view the danger of the incalculable consequences inherent in the continuation of the affns race and which portend a new spiral in its nuclear aspect. The Foreign Ministers expressed the hope that it should be held in 1988 as called for in UNGA resolution 41160 G of 1986. [par. 66, Joint
Communique of the 2a'h ASEAN Ministerial Meeting, Singapore, l5-16 June 1987J

ASEAN shall continue and intensiSr its efforts in finding a durable comprehensive political solution to the Kampuchean problem in the interest of achieving peace and stability not only in Kampuchea but also for the region as a whole. Positive steps by Vietnam in response to ASEAN's efforts would contribute to such a solution. [par. 2,
P)LITICAL cooPERATIoN, Manila Declaration of 1987, Manila, I5 December
1987J

The Ministers welcomed the INF Treaty as a milestone, being the first agreement by which the United States and the Soviet Union have decided to reduce their nuclear arsenals. They hope that this agreement will be followed by others and will thus be beneficial to other fields of arms control and disarmament. The prospect of a START agreement reducing the strategic nuclear weapons of the United States and the Soviet Union was welcomed by the Ministers as significant also for Europe and Asia.
The Ministers had a useful exchange of views on the economic and political aspects of the security situation in their respective regions in which they share interest. [par. 6, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf, 2-3 May 1988J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Ministers had a thorough exchange of views on the Kampuchean problem. They reaffirmed their belief that peace and stability in South East Asia can be restored only through the cessation of hostilities and foreign military occupation of Kampuchea. They welcomed the initiatives of Prince Sihanouk in the search for a comprehensive settlement of the problem. As the Kampuchea conflict is primarily a result of foreign aggression and military occupation, the Ministers therefore urged all those concerned to help accelerate the search for the settlement and appeal in particular to Vietnam to join Prince Sihanouk in the peace talks. [Par. 7, Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting,
Duesseldorf, 2-3 May 1988J

The Foreign Ministers reaffirmed ASEAN'S determination to work towards

the

realization of the Zone of Peace, Freedom, and Neutrality (ZOPFAN) in Southeast Asia. They also directed the Senior Officials to continue consideration of the concept of a Southeast Asia Nuclear Weapon Free Zone (SEANWFZ) as a component of ZOPFAN, with a view to completing the drafting as soon as possible a treaty on the SEANWFZ, taking into account all its implications. They agreed that ASEAN Members - collectively or individually - shall undertake consultations with other states in the SouthEast Asia as well as nuclear states on primary elements of SEANWFZ for the purpose of obtaining their support for the Zone. [Par. 25, Joint Communique of the 21" ASEAN Ministerial Meeting,
Bangkok,4-5 July 1988J

The Foreign Ministers expressed their deep concern over the continuing world-wide escalation of the arrns race which affects the peace and security of all nations. They were of the view that the effectiveness of all efforts to achieve genuine disarmament requires sincere cooperation among all states, especially the two superpowers, and believed that the progress in this field could enhance the goal of disarmament in favor of development. They noted with satisfaction the ratification of the INF Treaty between the United States and the Soviet Union as a significant step in arms control and confidence building. They also welcomed the renewed flexibility demonstrated by both superpowers towards achieving a new arrns agreement on the reduction of strategic missile arsenals by 50 per
cent. [Par.
58,

Joint Communique of the 2]" ASEAN Ministerial Meeting, Bangkok, 4-5 July

1988J

The Foreign Ministers expressed their grave concern over the continuing world-wide escalation of the anns race which affects the pace and security of all nations. They were of the view that the effectiveness of all efforts to achieve genuine disarmament requires sincere cooperation among all states, especially the two superpowers, and believed that the progress in this field could enhance the goal of disarmament in favour of development. [Par. 7], Joint Communique of the 22''1 ASEAN Ministerial Meeting, Bandar Seri
Begawan, 3-4 July 1989J

In noting that the ratification of the INF Treaty had

lessened tension between the two

superpowers, the Foreign Ministers called on both sides to pursue their commitment to reduce the strategic Nuclear Weapons at the Strategic Arms Reduction Talks (START).

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Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers also called on the superpowers to begin negotiations to eliminate their Short Range Nuclear Forces (SNF) immediately. The Foreign Ministers also urged the superpowers to continue efforts towards establishing a Comprehensive Nuclear Test Ban Treaty. fPar. 73, Joint Communique of the 22"'t ASEAN Ministerial Meeting, Bandar Seri Begawan,
3-4 July 1989J

in the areas of nuclear, chemical and conventional disarmament and arms control and noted that prospects are favourable for further progress. Through disarmament, new opportunities could be created for facilitating increased cooperation for development and for the safeguarding of the resoufces of the environment. [Par. 5, Joint Declaration of the Eighth ASEAN-EC Ministerial
The Ministers welcomed recent progress
Meeting, Kuching, Malaysia, I6-17 February 1990J

The Foreign Ministers were of the view that concrete steps should further be taken to effectively implement the ASEAN Programme of Action adopted at the Third ASEAN Summit of 1987 concerning the Zone of Peace, Freedom and Neutrality (ZOPFAN) and the South-East Asia Nuclear Weapon Free Zone (SEANWFZ). The Foreign Ministers viewed that ASEAN should continue and intensifr the work on the draft Treaty on SouthEast Asia Nuclear Weapon Free Zone and to promote this concept with other states for the purpose of obtaining their support. [Par. 26, Joint Communique of the 23"t ASEAN Ministerial
Meeting, Jakarta, 24-25 July 19901

Joint commtrnique of the 23"t ASEAN Ministerial Meeting, Jakorta, 2a-25 Juty 19901

The Foreign Ministers noted that the progress made in negotiations on nuclear, chemical and conventional disarmaments has resulted frorn the improved relations. Further progress in this field will contribute positively to international peace and security. [par. 60,

In reiterating their belief that nuclear disarmament negotiations should involve all nations under the aegis of the United Nations, the Foreign Ministers expressed their concern that such negotiations still remain the domain of the super powers. [Par. 61, Joint Communique of the 23'''t ASEAN Ministerial Meeting, Jakarta, 24-25 Juty l99b]

Joint Commtrnique of the 23'" ASEAN Ministerial Meeting, Jakarta, 24-25 Juty 1990J

The Foreign Ministers expressed their support for the initiative by Indonesia, Mexico, Peru, Sri Lanka, Venezuela and Yugoslavia to convene a conference with a view to transforming the Partial Test Ban Treaty (CTBT). To achieve this objective, they called upon the nuclear weapon states to cooperate with the non-nuclear weapon states. [par. 63,

The Foreign Ministers welcomed the regional initiative to disseminate information on chemical weapons through seminars or workshops, as was done at Canberra and the forthcoming one to be organrzed in Venezuela. These initiatives would create a better
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

appreciation of the urgent need to conclude at the earliest possible date a universal and comprehensive chemical weapons convention. IPar. 64, Joint Communique of the 23'''t ASEAN
Ministerial Meeting, Jakarta, 24-25 July 1990J

ASEAN will seek to realise the Zone Peace, Freedom, and Neutrality (ZOPFAN) and a Southeast Asian Nuclear Weapon Free Zone (SEANWFZ) in consultation with friendly countries, taking into account changing circumstances; ASEAN will closely cooperate with the United Nations and the international community in ensuring the full implementation of the Peace Agreements signed in Paris in October 1991. [far. 3, Singapore Declaration of 1992, Singapore, 28 January 1992J

Pursuant to the decision of the ASEAN Heads of Government at their Fourth Meeting in Singapore on 27-28 January 1992 on enhancing regional political and security cooperation, the Foreign Ministers noted that a Special Meeting of the ASEAN Senior Officials on Regional Security was held in Manila on 25-26 June 1992 as well as the reconvening of the Working Group on ZOPFAN and SEANWFZ. They directed the Working Group to complete its work. [Par. 13, Joint Communique of the 25'h ASEAN Ministerial Meeting, Manila, Philippines, 2l-22 July 19921

The Foreign Ministers also noted the significant progress made in resolving the outstanding issues relating to the draft Treaty on the Southeast Asia Nuclear-WeaponFree Zone (SEANWFZ). They directed the Senior Officials Working Group on
ZOPFAN and SEANWFZ to continue its work. [Par.
Ministerial Meeting, Singapore, 23-24 July 1993J
6, Joint Communique of the 26'h ASEAN

The Foreign Ministers reaffirmed their commitment to ASEAN's principles and objectives on regional peace and security, particularly those contained in the ASEAN

Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) of 1971, the Treaty of Amity and Cooperation in Southeast Asia, as well as the concept of Southeast Asia Nuclear Weapon Free Zone (SEANWFZ). They reiterated their determination to continue working towards the early rcahzation of such principles and objectives through the effective implementation of ASEAN's "Programme of Action for ZOPFAN." They noted the growing recognition for the Treaty of Amity and Cooperation in Southeast Asia and expressed their intent to facilitate association with the Treaty by non-regional states. They also noted the progress made in resolving legal and technical aspects of the draft Treaty on Southeast Asia Nuclear Weapon Free Zone (SEANWFZ). They directed the ASEAN SOM Working Group on ZOPFAN and SEANWFZ to expedite its work on
these issues. [Par.
23 July 1994J 4, Joint Communique of the 27'h ASEAN Ministerial Meeting, Bangkok, Thailand, 22-

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Working Group for an ASEAN Human Rights Mechanism

The Ministers expressed their continued commitment to promote the disarmament


process and the global non proliferation regimes. They underscored the importance of the Non-Proliferation Treaty. The Ministers called upon all signatory States of the Chemical Weapons Convention to ratify this document as soon as possible, emphasized the importance of the Biological Weapons Convention and supported the negotiations in the

Conference on Disarmament of a Comprehensive Test-Ban Treaty (CTBT). The Ministers agreed that United Nations capacities for preventive diplomacy, peace making, peace-keeping and post-conflict peace building must be fuither improved including the strengthening of the UN-role in securing peace and stability in Europe, Asia-Pacific and in other parts of the world. They also stressed the need for a continuous development of confidence and security building measures regionally as well as globally. [par. 24, Joint
Declaration of the I I't' ASEAN-EU Ministerial Meeting, Karlsnrhe, Germany, 22-23 September 19941

The Ministers welcomed the agreed statement reached between the USA and the DPRK in Geneva, 12 August 1994, and expressed their hope for a successful continuation of the US-DPRK dialogue and a resumption of the inter Korean talks in the near future. The Ministers remained deeply concerned about the unresolved nuclear problem on the Korean Peninsula and expressed the hope that a solution to the nuclear issue be found soon in full compliance with international obligations and the joint statement on the denuclearisation of the Korean Peninsula. [Par. 31, Joint Declaration of the ]t'h ASEAN-E:J
Ministerial Meeting, Karlsruhe, Germany, 22-23 September 1994J

The Foreign Ministers emphasised the importance of the Nuclear Non-Proliferation Treaty (NPT) in promoting international peace and security. Bearing in mind the objectives of general and complete disarmament, the Foreign Ministers noted the outcome of the recent 1995 Review and Extension conference of the Parties to the NPT and attached particular importance to the establishment of internationally recognised nuclear-weapon-free zones by the year 2000. In this regard, the Foreign Ministers deplored the resumption or planned resumption of nuclear tests in the Asia-Pacific in view of the commitment of all State Parties to the NPT to exert utmost restraint on nuclear weapons testing and to conclude the Comprehensive Test Ban Treaty in 1996.
They also called on all nuclear weapons states to desist from testing nuclear devices.
14, Joint Communique of the 28't'ASEAN Ministerial Meeting, Bandar Seri Begawan, Bmnei Dantssalam, 29-30 July 19951

1par.

ENCOURAGED FURTHER by the accession by all Southeast Asian countries to the Treaty of Amity and Cooperation in Southeast Asia (TAC) and its endorsement by the United Nations General Assembly in Resolution 47153 (b) and by the signing of the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) Treaty; [Bangkok Summit Declaration of 1995, 5'1' ASEAN Summit, Bangkok, Thaitand, t5 December 1995J

DETERMINED to take concrete action which will contribute to the progress towards general and complete disarmament of nuclear weapons, and to the promotion of
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

international peace and security; [Treaty on the Southeast Asia Nuclear


Bangkok, Thailand, I5 December 19951

Weapon-Free Zone,

DESIRING to contribute to efforts towards achieving general and complete disarmament of nuclear weapons, and thereby ensuring intemational peace and security, including in Southeast Asia; I Treae on Southeast Asia l,truclear Weapon-Free Zone, Bangkok, Thailand, I5
December 19951

CONVINCED that the establishment of a Southeast Asia Nuclear Weapon-Free Zone , as an essential component of the ZOPPAN, will contribute towards strengthening the security of the States within the Zone towards enhancing international peace and security as a whole; [Treaty on the Southeast Asia Nuclear l4/eapon-Free Zone, Bangkok, Thaitand, ] 5 December
reesJ

REAFFIRMING the importance of the Treaty on Non-Proliferation of Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in contributing towards international peace and security; [Treaty on the Southeast Asia Nuclear Weapon-Free Zone,
Bangkok, Thailand, I5 December 1995J

RECALLING the Final Document of the Tenth Special Session of the United Nations General Assembly which encourages the establishment of nuclear weapon-free zones;
[Treaty on the Southeast Asia Nuclear l[/eapon-Free Zone, Bangkok, Thailand, l5 December 1995J

and Disarmament, adopted at the 1995 Review and Extension Conference of the Parties to the NPT, that the cooperation of all the nuclear-weapon States and their respect and support for the relevant protocols is important for the maximum effectiveness of this nuclear weapon-free zone treaty and its relevant protocols. [Treae on the Southeast Asia Nuclear Il"eapon-Free Zone, Bangkok, Thailand, I5 December 1995J

RECALLING the Principles and Objectives for Nuclear Non-Proliferation

Each State Party undertakes to respect the Treaty on the Southeast Asia Nuclear WeaponFree Zone, hereinafter referred to as the "Tteaty", and not to contribute to any act which constitutes a violation of the Treaty or its Protocol by States Parties to them. [Articte I, Protocol to the TreaQ on Southeast Asia Nuclear Weapon-Free Zone, Bangkok, Thailand, I5 December
t eesJ

Each State Party undertakes not to use or threaten to use nuclear weapons against any State Party to the Treaty. It further undertakes not to use or threaten to use nuclear weapons within the Southeast Asia Nuclear Weapon-Free Zone. [Article 2, Protocol to the TreaQ on Southeast Asia Nuclear Weapon-Free Zone, Bangkok, Thailand, l5 December 1995J

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Working Group for an ASEAN Human Rights Mechanism

Each State Party undertakes not to, anywhere inside or outside the Zone'.

a. develop, manufacture or otherwise acquire, possess or have control over


nuclear weapons; station or transport nuclear weapons by any means; or test or use nuclear weapons. [Articte 3, Par. I, Treaty on the Southeast Asia Nuclear lheaponFree Zone, Bangkok, Thailand, I5 December 1995J

Cooperative activities under this Agreement shall aim, among others, to strengthen ASEAN intellectual property administration; to enhance ASEAN cooperation in intellectual property enforcement and protection; and to explore the possibility of setting up the ASEAN patent and trademark systems. [Article 3, Par. 2, ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok, Thailand, l5 December 1995J

Each State Party also undertakes not to allow, in its territory, any other State to:

a.

develop, manufacture
nuclear weapons;

or

otherwise acquire, possess and have control over

b. station nuclear weapons; or c. test or use nuclear weapons, [Article 3, Par. 2, TreaQ on the Southeast Asia Nuclear
Weapon-Free Zone, Bangkok, Thailand,

l5 December 1995J

Each State Party also undertakes not to: dump at sea or discharge into the atmosphere anywhere within the Zone any radioactive material or waste; dispose radioactive material or wastes on land in the territory of or under the jurisdiction of other States except as stipulated in Paragraph 2 (e) of Article 4; or allow, within its territory, any other State to dump at sea or discharge into the atmosphere any radioactive material or wastes. [Article 3, Par. 3, Treaty on the Southeasl
Asia Nuclear Weapon-Free Zone, Bangkok, Thailand, I 5 December 19951

Nothing in this Treaty shall prejudice the right of the States Parties to use nuclear energy, in particular for their economic development and social progress. [Article 4, Par. l, Treaty on
the Southeast Asia Nuclear Weapon-Free Zone, Bangkok, Thailand,

I5 December 1995J

Each State Party therefore undertakes:

a.
t96

to use exclusively for peaceful purposes nuclear material and facilities which are within its territory and areas under its jurisdiction and control;

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

b.

c.

prior to embarking on its peaceful nuclear energy programme, to subject its programme to rigorous nuclear safety assessment conforming to guidelines and standards recommended by the IAEA for the protection of health and minimization of danger to life and property in accordance with Paragraph 6 of Article III of the Statute of the IAEA; upon request, to make available to another State Party the assessment except information relating to personal data, information protected by intellectual property rights or by industrial or commercial confidentiality, and information
relating to national security; to support the continued effectiveness of the international non-proliferation system based on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the IAEA safeguards system; and to dispose radioactive wastes and other radioactive material in accordance with IAEA standards and procedures on land within its territory or on land within the territory of another State which has consented to such disposal. [Article 4, Par. 2,
Treaty on the Southeast Asia Nuclear l4leapon-Free Zone, Bangkok, Thailand, I5 December 19951

e.

Each State Party further undertakes not to provide source or special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material to:

any non-nuclear-weapon State except under conditions subject to the safeguards required by Paragraph I of Article III of the NPT; or any nuclear-weapon State except in conformity with applicable safeguards agreements with the IAEA. [Article 4, Par. 3, Treaty on the Southeast Asia Nuclear
Weapon-Free Zone, Bangkok, Thailand, 15 December 19951

Each State Party which has not done so shall conclude an agreement with the IAEA for the application of fulI scope safeguards to its peaceful nuclear activities not later than eighteen months after the entry into force for that State Party of this Treaty. [Article 5,
Treae on the Southeast Asia Nuclear lheapon-Free Zone, Bangkok, Thailand, 15 December 1995J

Each State Party which has not acceded to the Convention on Early Notification of a Nuclear Accident shall endeavor to do so. [Article 6, Treaty on the Southeast Asia Nuclear
Weapon-Free Zone, Bangkok, Thailand, I5 December 19951

Each State Party, on being notified, may decide for itself whether to allow visits by foreign ships or aircraft to its ports and airfields, transit of its airspace by foreign aircraft, and navigation by foreign ships through its territorial sea or archipelagic waters and overflight of foreign aircraft above those waters in a manner not govemed by the rights of innocent passage, archipelagic sea lanes passage or transit passage. [Article 7, TreaQ on the Sotttheast Asia Nuclear Weapon-Free Zone, Bangkok, Thailand, l5 December 1995J

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ASEAN calls upon the nuclear-weapon States, for the maximum effectiveness of the Treaty on Southeast Asia Nuclear Weapon-Free Zone, to extend their cooperation by acceding to the Protocol of this Treaty. The Treaty is yet another contribution of Southeast Asian countries to the strengthening of the security in the region and to the maintenance of world peace and stability; [Par. 7(i), Bangkok Summit Declaration of 1995, 5th
ASEAN Summit, Bangkok, Thailand, I5 December 1995J

ASEAN urges all nuclear-weapons States to implement more vigorous measures to reduce and eliminate all nuclear weapons in compliance with their long-standing obligations under the Nuclear Weapons Non-Proliferation Treaty. ASEAN also calls upon these States to expeditiously conclude a credible and comprehensive Test Ban Treaty in the interest of world peace; [Par.7Q, Bangkoksummit Declaration of 1995,5'h ASEAN
Summit, Bangkok, Thailand, I5 December 1995J

Nuclear Weapon-Free Zone, Bangkok, Thailand, I5 December 1995J

There is hereby established a Commission for the Southeast Asia Nuclear Weapon-Free Zone, hereinafter referred to as the "Commission". [Article 8(i), Treaty on the Southeast Asia

The Foreign Ministers noted with satisfaction the progress made in the Implementation of ASEAN's "Programme of Action on ZOPFAN". In this regard, the Foreign Ministers cited the signing of the SEANWFZ Treaty by all Heads of Government of Southeast Asian countries on 15 December 1995 as another contribution of the countries of Southeast Asia to the strengthening of the security of the region and to the maintenance of world peace and stability. In this connection they stressed the importance of expediting the process of ratification of the Treaty by the signatory states so that it will be completed, if possible, before the Informal ASEAN Summit in Indonesia in December 1996. For the effectiveness of the Treaty, they reiterated their call on all nuclear weapons states to extend their cooperation by acceding to the Protocol of the Treaty. They agreed that the review process of the Protocol as agreed by the Fifth Meeting of the ASEAN Summit should commence immediately. They also agreed to consider tabling a draft resolution on the SEANWFZ Treaty in the United Nations General Assembly at an appropriate ttme. [Par. 8, Joint Communique of the 2gth ASEAN Ministerial Meeting, Jakarta,
Indonesia, 20-2
1

July 1 996J

The Foreign Ministers emphasized the importance of full and effective implementation of the Nuclear Non-Proliferation Treaty (NPT) in promoting International peace and security. [Par. 18, Joint Communique of the 2g'h ASEAN Ministerial Meeting, Jakarta, Indonesia, 20-2]
July 19961

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We envision a Southeast Asia free from nuclear weapons, with all the Nuclear Weapon States committed to the purposes of the Southeast Asia Nuclear Weapons Free Zone Treaty through their adherence to its Protocol. We also envision our region free from all other weapons of mass destruction. IASEAN Vision 2020, Kuala Lumpur, Malaysia, ]5 December tee4

China appreciated and supported ASEAN's positive role in international and regional affairs. China reaffirmed that it would respect and support the efforts of ASEAN to establish a Zone of Peace, Freedom and Neutrality in Southeast Asia. In this connection, China welcomed the entry into force of the Southeast Asia Nuclear Weapon-Free Zone Treaty. The two sides also welcomed the ongoing consultations between the State Parties to the Treaty and the Nuclear Weapon States to facilitate the accession by the latter to the Protocol of the SEANWFZ Treaty. ASEAN member states believed that a stable, peaceful and prosperous China would constitute an important factor for the long-term peace, stability and development of the Asia-Pacific region in particular and of the world in general. ASEAN member states reaffirmed their continued adherence to the "one China" policy. [Par. 9, Joint Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the President of the People's Republic of China, Kuala Lumpur, Malaysia, I6
December 1997J

The Foreign Minister expressed their satisfaction that the Southeast Asia Nuclear Weapon Free Zone (SEANWFZ) Trcaty, signed by all the leaders of the ten Southeast Asian nations in Bangkok in December in 1995, had entered into force on2lth March 1997. The Foreign Ministers called upon Nuclear Weapon States to demonstrate their support for nuclear-weapon-free zones by acceding to the Protocol of the SEANWFZ
Treaty. [Par.
25 July 1997J 10, Joint Communique of the 30th ASEAN Ministerial Meeting , Subang Jaya, Malaysia, 24-

The Foreign Ministers reaffirmed their commitment towards the goal of general and complete disarmament, emphasizing their conviction that the end of the Cold War would enhance the attainment this objective. They supported the various initiatives undertaken by the international community according the highest priority to nuclear disarmament. They recalled in particular the advisory opinion of the International Court of Justice which highlighted "an obligation to pursue in good faith and bring to conclusion negotiations leading up to nuclear disarmament in all its aspects under strict and effective international control". [Par. 24, Joint Communique of the 30th ASEAN Ministerial Meeting, Subang
Jaya, Malaysia, 24-25 July 1997J

We welcomed the signing in Bangkok in December 1995 of the Treaty establishing a Nuclear Weapon Free Zone in Southeast Asia and the recent conclusion and signing of the Comprehensive Test Ban Treaty and called on all states to sign and ratify this
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Working Group for an ASEAN Human Rights Mechanism

document as soon as possible, [Par. II(ii), Joint Declaration of the I2'h ASEAN-EU Ministerial
Meeting, Singapore, I3-14 February 1997J

Referring to decisions at the Second ASEAN informal Summit, the Foreign Ministers agreed to cooperate in ensuring the conservation and sustainability of water resources and welcomed the resolution to take firm and stern measures to combat transnational crimes such as drug trafficking and trafficking in women and children, as well as the Proposal to establish a Regional Cooperation on Nuclear Safety and Nuclear Waste Management. They exhorted ASEAN member countries to take concrete steps to pursue these initiatives. [Par. 5, Joint Communique of the 3]"t ASEAN Ministerial Meeting, Manila, philippines,2425 July 1998J

The Foreign Ministers reiterated that the signing of the Protocol by the Nuclear Weapon States will constitute a manifestation of their support for nuclear disarmament and nuclear weapon-free zones. The Foreign Ministers expressed the view that the recent nuclear tests in South Asia were not conducive to the full reahzation of SEANWFZ. Jrar.
9,

Joint Communique of the 31" ASEAN Ministerial Meeting, Manila, Philippines, 24-25 Juty 1998J

Talks on the Korean Peninsula would result in the institution of a permanent peace The Foreign Ministers expressed the hope that the continuing efforts of the Four-Party mechanism that would replace the 1953 Armistice Agreement and create a conducive atmosphere for Korean reunihcation. [Par. 16, Joint Communique of the 31" ASEAN Ministerial Meeting , Manila, Philippines, 24-25 July 19981

Reaffirming their commitment towards the goals of general and complete disarmament, the Foreign Ministers reiterated their call to all States especially the nuclear weapon states to fulfill their obligations and commitments, particularly those related to Article VI of the Nuclear Non-Proliferation Treaty. [par. 24, Joint Communique of the 3l't ASEAN
Ministerial Meeting, Manila, Philippines, 24-25 July
19981

The Foreign Ministers deplored the series of nuclear tests conducted recently in South Asia that exacerbated tension in the region and raised the specter of a nuclear arrns race. They called on all countries which have not done so to adhere to the Nuclear NonProliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT) in recognition of the overwhelming interest to establish a nuclear free world. [par. 26, Joint
Communique of the

3l't ASEAN Ministerial Meeting, Manila, Phitippines, 24-25 Juty

1998J

December 1998J

Promote efforts to secure acceptance by Nuclear Weapon States of the Treaty on the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ), including their early accession to the Protocol to the SEANWFZ Treaty. [Par. 7.9, Ha Noi Plan of Action, Ha Noi, Viet Nam, ]5

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Support and participate actively in all efforts to achieve the objectives of general and complete disarmament, especially the non-proliferation of nuclear weapons and other weapons of mass destruction. [Par.7.11, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December
t ees|

We shall intensify the consultations with the Nuclear-Weapon States with a view to their accession to the Protocol to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone. [Par. 28, Ha Noi Declaration of 1998, Ha Noi, Viet l"lam, l6 Decetnber 1998]

The ASEAN Foreign Ministers convened, for the first time, the Commission of the Southeast Asia Nuclear Weapon-Free Zone Treaty (SEANWFZ). This is the first concrete step towards the implementation of the Treaty. The Commission directed its Executive Committee to prepare the draft rules of procedure and to initiate all necessary actions to ensure compliance with the Treaty. [Par.2l, Joint Communique of the 32'd ASEAN
Ministerial Meeting, Singapore, 23-24 July 1999J

We noted the consultations which had taken place between the ASEAN SOM Working Group on the Zone of Peace, Freedom and Neutrality (ZOPFAN) and SEANWFZ and the Nuclear Weapon States and urged the Nuclear Weapon States to accede to the Protocol to the SEANWFZ Treaty as another means of enhancing the regional security environment.
[Par. 22, Joint Communique of the 32'd ASEAN Ministerial Meeting , Singapore, 23-24 July 1999J

We

stressed the importance for all states that have not signed or ratified the Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) to do so. We urged all states to refrain from undertaking weaponisation or deploying missiles to deliver nuclear weapons, and to prevent any transfer of nuclear weapon-related materials, technology and equipment. [Par. 46, Joint Communique of the 32"'t

ASEAN Ministerial Meeting, Singapore, 23-24 July 1999J

The Foreign Ministers welcomed the Progress made in implementing the Treaty on the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ). They noted with satisfaction the establishment of all the various organs under the Treaty and the work undertaken by these organs, including consultations with the International Atomic Energy Agency

(IAEA). fPar.
July 20001

16, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25

The Foreign Ministers urged the Nuclear Weapon States to accede to the Protocol to the SEAWFZ Treaty at an early date. [Par. 17, Joint Communique of the 33rd ASEAN Ministerial
Meeting, Bangkok, Thailand, 24-25 July 2000J

20t

Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministers reiterated the importance of achieving universal adherence to the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT). They welcomed the convening of the NPT Review Conference 2000 in New York on24 April-l9 May 2000 and hoped that it would create a momentum towards the implementation of concrete measures on nuclear disarmament by the Nuclear Weapon States. In this regard, the Foreign Ministers affirmed the unanimous conclusion of the Advisory Opinion of the Intemational Court of Justice of 8 July 1996 that "there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."
[Par. 30, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 Juty 2000J

The Foreign Ministers stressed the importance for all states which had not ratified
acceded to the Chemical Weapons Convention (CWC) to consider doing so at the earliest opportunity and noted the progress in negotiating a verification Protocol to strengthen the

Biological Weapons Convention (BWC) by the Ad Hoc Group of the State Parties to the BWC. [Par.3l, Joint Communique of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand,24-25
July 20001

We welcomed the progress in the implementation of the SEANWFZTreaty, stressed the importance of direct consultation between ASEAN, and the Five Nuclear Weapon States (NWS) and considered this a signihcant progress towards encouraging the accession of the Nuclear Weapon States to the Protocol to the SEANWFZ Treaty. [par. 12, Joint Communiqtre of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 July 2001J

July 2001/

We stressed the importance of achieving universal adherence to the Comprehensive Nuclear Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) and called on the Nuclear Weapon States to make further efforts towards the elimination of all nuclear weapons. [Par. 26, Joint Commnnique of the 34't' ASEAN Ministerial Meeting, Hanoi, 23-24

We noted the progress that has been made in negotiating a Protocol on the verification of the Biological Weapon Convention (BWC) and looked forward to the 5th Review of the BWC in November 2001 . [Par. 27, Joint Communique of the 34'h ASEAN Ministerial Meeting, Hanoi,
23-24 July 20011

We also noted the outcome of the tIN Conference on Small and Light Weapons in all its aspects held in New York on 9-20 July 2001 and expressed our hope that the Program of Action adopted by this conference would be implemented effectively. [par. 28, Joint Commttniqtte of the 34't' ASEAN Ministerial Meeting, Hanoi, i3-24 htty 2001J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

We noted the recent dialogues among the major powers and concerned states on the NMD and expressed our hope that such dialogues would narrow down the differences and bring new constructive approaches to address the issues related to the NMD in the interest of maintaining world security and stability. [Par. 29, Joint Commtrnique of the 34't'
ASEAN Ministerial Meeting, Hanoi, 23-24 July 20011

We welcomed the on-going consultations between ASEAN and the Nuclear Weapon States (NWS) on the Protocol of Southeast Asian Nuclear Weapon-Free Zone (SEANWFZ) Treaty and urged the NWS to sign the Protocol of the Treaty as soon as
possible. [Par.39, Joint Communique of the
30 July 2002J 35'h ASEAN Ministerial Meeting, Bandar Seri Begawan, 29-

In view of the United States withdrawal from the 1912 AB}d Treaty, we welcomed the signing of the Treaty on Strategic Offensive Reductions between the Russian Federation and the United States on24May 2002, bearing in mind the importance of this Treaty as a contribution to the maintenance of strategic balance, world peace and long-term international security. We further called for the nuclear weapons states to continue dialogue to look for new ideas and approaches to address the issue of nuclear disarmament. [Par.5l, Joint Communique of the 35'h ASEAN Ministerial Meeting, Bandar Seri
Begawan, 29-30 July 20021

203

PART III. VULNERABLE GROUPS


WOMEN
The Meeting was pleased to note the marked increase in people's participation in ASEAN activities. Therefore, it was felt that an appropriate machinery should be set up to mobilise people's involvement especially among women and youth of ASEAN
countries. [Par.
May 1975J
17, Joint Communique of the Eighth ASEAN Ministerial Meeting, Kuala

Lumpur,

13-15

Support for the active involvement of all sectors and levels of the ASEAN communities, particularly the women and youth, in development efforts. [Par. C.2, Declaration of ASEAN
Concord, Bali, 24 Febmary 19761

The Meeting expressed satisfaction with the progress that had been made by ASEAN in expanding public participation in its affairs, in particular by the women and youth. The Meeting was pleased with the increasing interest of women and youth in development and agreed that relevant programmes of action for their integration and participation in development should be encouraged. Sl'ar. 18, Joint Communique of the Ninth ASEAN Ministerial
Meeting, Manila, 24-26 June 1976J

The Foreign Ministers recognized that women constitute an important sector of the ASEAN community. They reaffirmed their countries' support for the effective implementation at the national, regional and intemational levels of the Nairobi ForwardLooking Strategies for the Advancement of Women up to the year 2000, which is embodied in General Assembly Resolution No. 40/108 adopted by the United Nations General Assembly at its fortieth session. In endorsing the call of the world body, that the strategies be translated into national and regional plans of action, the Foreign Ministers agreed that the ASEAN Women's Programme Subcommittee study the expansion of the existing framework for the further improvement of the status of women in the ASEAN region, in order to promote their equitable and full participation in all fields of political, economic, social and cultural development of their societies. Srar. 51, Joint Communique of
the I9'h ASEAN Ministerial Meeting, Manila, 23-28 Jtrne 19861

Intra-ASEAN functional cooperation shall be designed for a wider involvement and increased participation by the women and youth, as well as Non-Governmental Organizations, Inter-Governmental Organizations and ASEAN Inter-Parliamentary
Otganizatton. [Par. ]8, Manila Declaration of 1987, Manila, t5 December 1987J

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

The Foreign Ministers, recognizing the role of women as active agents in and beneficiaries of development, signed on 5 July 1988 the Declaration on the Advancement of Women in the ASEAN Region. [Par.3t, Joint Communique of the 2l'' ASEAN Ministerial Meeting, Bangkok,4-5 July 1988J
RECOGNIZING the importance of active participation and integration of women in the region in sharing the future development and progress of ASEAN and the necessity of meeting the needs and aspiration of women in the ASEAN Member Countries; AWARE that women constitute half of the total population of the ASEAN region; and

TAKING cognizance of the multiple roles of women in the family, in society and in the nation and the need to give full support and provide facilities and opportunities to enable
them to undertake these tasks effectively;

DO HEREBY DECLARE THAT:

In the context of strengthening regional cooperation, collaboration and coordination for the purpose of advancing the role and contribution of women in the progress of the region, each MEMBER COUNTRY, either individually or collectively, in ASEAN shall
endeavour: 1. To promote and implement the equitable and effective participation of women

whenever possible in all fields and at various levels of the political, economic, social and cultural life of society at the national, regional and intemational levels.

2. To enable women in the region to undertake their important role as active


agents and beneficiaries of national and regional development, particularly in promoting regional understanding and cooperation and in building more just and peaceful societies.
3. To integrate in national plans the specific concems of women and their roles as active agents in and beneficiaries of development, specifically considering their role as productive force to attain the full development of the human personality.

4. To design and promote programmes involving the participation of

the

community and non-governmental women organizations towards strengthening national and regional resilience.

5. To strengthen solidarity in the region and international women forum by


promoting harmonization of views and of positions. [Declaration of the Advancement of
Women in the ASEAN Region, Bangkok, 5 July 1988J

To enable women in the region to undertake their important role as active agents and beneficiaries of national and regional development, particularly in promoting regional
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Working Group for an ASEAN Human Rights Mechanism

understanding and cooperation and in building more just and peaceful societies. [par. Declaration of the Advancement of l{omen in the ASEAN Region, Bangkok, Thailand, 5 Juty 1988J

2,

Declaration of the Advancement of L[/omen in the ASEAN Region, Bangkok, Thaitand, 5 July 1988]

To integrate in national plans the specific concerns of women and their roles as active agents in and beneficiaries of development, specifically considering their role as a productive force to attatn the full development of the human personality. [par. 3,

Eighth ASEAN-EC Ministerial Meeting, Kuching, Malaysia, l6-17 February 1990J

The Ministers also agreed that participation of women in the development process and environmental protection should be given special attention. [Par. 28, Joint Declaration of the

Recalling the importance of the participation of women in the development process, the Ministers agreed that all opportunities to promote the role of women should be taken. [Par. 46, Joint Declaration of the Eighth ASEAN-EC Ministerial Meeting, Kuching, Malaysia, t6-17
February 19901

ASEAN functional cooperation shall be designed for a wider involvement and increased participation by women in the development of ASEAN countries in order to meet their needs and aspirations. This cooperation will also extend to the development of children to realise their full potential; [Par. 7, Singapore Declaration of 1992, Singapore, 28 January 1992]

ASEAN shall work towards the equitable and effective participation of women in all fields and levels of society; 1par. 9(k), Bangkok Summit Declaration of 1995, 5'h ASEAN Summit,
Bangkok, Thailand, I5 December 19951

The Ministers reiterated the need to encourage the effective participation of woman and youth in all levels of development. [Par. 36, Joint Communique of the 29'h ASEAN Ministerial
Meeting, Jakarta, Indonesia, 20-21 July 1996J

The Foreign Ministers noted that the world will celebrate in December 1998 the 50th anniversary of the Declaration of Human Rights. Considering that two-thirds of the ASEAN population consist of women and children, they recognized the importance of international conventions and declarations relating to the promotion of human rights, such as the Convention on the Rights of the Child and the UN Convention on the Elimination of all Forms of Discrimination Against Women. The Foreign Ministers took cognizance of the fact that steps are being taken to bring to fruition the creation of a community of caring societies, as enshrined in the ASEAN Vision 2020, which gives particular emphasis to children, youth, women and the elderly. [par. 29, Joint Communiqtre oJ
the

3l't ASEAN Ministerial Meeting, Manila, phitippines, 24-25 Juty

199:SJ

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Strengthen ASEAN collaboration in combating the trafficking in, and crimes of violence against, women and children. [Par. 4.5, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December I eesl

Action, Ha I{oi, Viet Nam, I5 December 1998J

Work towards the full implementation of the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women and other international instruments concerning women and children. [par. 4.9, Ha Noi plan of

Noi,

Intensify efforts of the ASEAN Network for Women in Skills Training to enhance the capacity of disadvantaged women to enter the work force. [Par. 5.7, Ha Noi Plan of Action, Ha
Viet Nam,

I5 December

19981

CHILDREN

The incident of 29 May 1986 also witnessed the shelling of a civilian Kampuchean evacuation camp at Khao Yai which is under the care of the United Nations Border Relief Operation (UNBRO) almost four kilometers inside Thai territory. Eleven Kampucheans died while some 50 persons, mostly the elderly, women and children, sustained serious injuries. The Foreign Ministers further demanded that the Vietnamese authorities cease and desist forthwith their attacks against Kampuchean civilians in [INBRO-supervised
camps inside Thailand. [Par.
23-28 June 1986J
31,

Joint Communique of the ]g'h ASEAN Ministerial Meeting, Manila,

ASEAN shall intensify its cooperation on health, drug abuse prevention and combating illicit trafficking in drugs, labour, law, population, child survival and welfare, sociocultural programmes, and science and technology. [Par. ]9, Manita Declaration of 1987, Manila,
l5 December 1987J

Implement the ASEAN Plan of Action for Children which provides for the framework for ensuring the survival, protection and development of children. [Par. 4.4, Ha Noi Ptan of Action, Ha Noi, Viet Nam, l5 December 19981

Strengthen ASEAN Collaboration in combating the trafficking in, and crimes of violence against, women and children. [Par.4.5, Ha Noi Plan of Action, Ha Noi, Viet Nam, ]5 December I eesl

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Working Group for an ASEAN Human Rights Mechanism

Work towards the full implementation of the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women and other international instruments conceming women and children. [Par. 4.9, Ha Noi Plan of
Action, Ha Noi, Viet Nam, I5 December 1998J

ASEAN functional shall be designed for a wider involvement and increased participation by women in the development of ASEAN countries in order to meet their needs and aspirations. This cooperation shall also extend to the development of children to realise their full potential; [Par. 7, Singapore Declaration of 1992, Singapore, 28 January t 992]

NOTING the decision in Jakarta in June 1987 of ASEAN parliamentarians to adopt an Agenda for Action for ASEAN's Children which took into account the commitments of their respective countries to international goals for children and womenl [Resolution on the
ASEAN Plan of Action

for Children, Manila, Philippines,

2 December 19931

There will be a designated Desk Officer for Children who will serve as the focal point for each member country and have the following functions, consistent with the laws of the country:

l. Assist in the formulation and recommendation of policies and programmes involving children that shall be pursued at the regional level within the context of the ASEAN Plan of Action for Children in consultation with relevant national
authorities; 2. Facilitate exchange of information, technical advice and programme experiences on children's issues and problems among ASEAN member countries; J. Coordinate, monitor, review and evaluate the respective member country's implementation of ASEAN programmes of cooperation on children; 4. Prepare and submit proposals and required reports on children to the ASEAN Committee on Social Development.
XXX

The implementation of the Plan of Action for Children requires effective coordination not only among the Desk Officers but also between the Desk Officers and other relevant ASEAN bodies, to include among others the Committee on Social Development and its sub-committees, Committee on Culture and Information and its relevant Working Groups, and ASEAN Senior Officials on Drug Matters (ASOD). [Resolution on the ASEAN
Plan of Action.for Children, Manila, Philippines, 2 December 19931

NOTING the decision in Jakarta in June 1987 of ASEAN parliamentarians to adopt an Agenda for Action for ASEAN's Children which took into account the commitments of their respective countries to international goals for children and women;
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

ADHERING to the decision of the Fourth ASEAN Summit in Singapore in January 1992 to extend ASEAN functional cooperation to the development of children to realize their full potential;

GIVING DUE COGNIZANCE to the 1990 World Declaration on the Survival, Protection and Development of Children and Plan of Action for Child Survival,
Protection and Development;

BELIEVING that responsible parenthood and family development are key factors in
enabling children to develop their fullest potential;

RECOGNIZING the importance of regional cooperation in improving the conditions of children in ASEAN and convinced of the urgency to respond more effectively to the needs of children in the region and to complement efforts being undertaken by individual member countries, [Resolution on the ASEAN Plan of Action for Chitdren, Manila, Philippines, 2
December 1993J

OBJECTIVE

The ASEAN Plan of Action for Children shall provide the framework for promoting regional cooperation for the survival, protection and development of the ASEAN Child. The Plan shall be integral part of the member countries' efforts in improving the lives of the peoples of the region. [Resolution on the ASEAN Plan of Actionfor Chitdren, Manila, Philippines,
2 December 1993J

The Foreign Ministers welcomed the Resolution on the ASEAN Plan of Action for Children adopted by the ASEAN Ministers Responsible for Social Welfare which provides the framework for regional cooperation and collaboration for the survival, protection and development of children in the ASEAN region. They also endorsed the Joint Declaration adopted by the ASEAN Ministers Responsible for Information. [Par. 25,
Joint Communique of the 2lh ASEAN Ministerial Meeting, Bangkok, Thailand, 22-23 Juty 19941

ASEAN shall enhance regional cooperation for the survival, protection and development of children and for youth development. [Par. 9(t), Bangkok Summit Declaration of 1995, 5'h
ASEAN Summit, Bangkok, Thailand, I5 December 1995J

The Foreign Ministers emphasized the need to strengthen the family as a foundation for a strong caring and cohesive society. They expressed their support for the efforts of the ASEAN Ministers Responsible for Social Welfare to establish an ASEAN Regional Mechanism for Family and Child Development. [Par. 38, Joint Communique of the 29'h ASEAN
Ministerial Meeting, Jakarta, Indonesia, 20-21 July 1996J

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Working Group for an ASEAN Human Rights Mechanism

The ASEAN Labour Ministers emphasised that ASEAN does not condone child labour. They welcomed the ILO initiative to come up with a new instrument to combat intolerable forms of child labour; retaining the view, however, that condemning the phenomenon or instituting sanction-based measures would aggravate the situation. The Ministers further agreed that the root cause of child labour is poverty and that the best solution is to eradicate poverty by generating gainful employment, providing education and training and enhancing regional and international cooperation. [par. 9.6, Joint Communique of the t2'h ASEAN Labour Ministers Meeting, Ha Noi, Viet Nai, 29-30 Aprit 1998J

The Foreign Ministers noted that the world will celebrate in December 1998 the 50th anniversary of the Declaration of Human Rights. Considering that two-thirds of the ASEAN population consist of women and children, they recognized the importance of international conventions and declarations relating to the promotion of human rights, such as the Convention on the Rights of the Child and the IJN Convention on the Elimination of all Forms of Discrimination Against Women. The Foreign Ministers took cognizance of the fact that steps are being taken to bring to fruition the creation of a community of caring societies, as enshrined in the ASEAN Vision 2020, which gives particular emphasis to children, youth, women and the elderly. [Par. 29, Joint Communique of
the 31" ASEAN Ministerial Meeting, Manila, Phitippines, 24-25 July
19981

The Foreign Ministers reaffirmed that ASEAN member countries do not condone child labour and welcomed the ILO initiative to combat its intolerable forms. The Foreign Ministers supported the view of the ASEAN Labour Ministers that the root cause of child labour is poverty, which can be eradicated by generating gainful employment, providing education and training, and enhancing regional and international cooperation. [par. 54, Joint Communique of the 3l"t ASEAN Ministerial Meeting, Manila, Philippines, 24-25 Juty 19981

They commended the expansion of the ASEANWEB with the inclusion of homepages for culture and information; agreed to put up safeguards for the protection of children and youth against the proliferation of pomography and pedophilia in the internet; and encouraged the development of international content classification schemes to take into account the ASEAN viewpoint. [Par. 57, Joint Communique of the 3]'t ASEAN Ministerial Meeting,
Manila, Philippines, 24-25 July 19981

Strengthen ASEAN collaboration in combating the trafficking in, and crimes of violence against, women and children, [Par. 4.5, Ha Noi Plan of Action, Ha Noi, Viet Nam, ]5 December
reeBJ

Work towards the full implementation of the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination against Women and
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Action, Ha Noi, Viet Nam, 15 December 19981

other international instruments concerning women and children. [Par. i.7, Ha Noi ptan of

ASEAN Ministerial Meeting, Singapore, 23-24 July 1999J

We reaffirmed ASEAN's policy of ensuring that the poor, the disadvantaged, and other vulnerable sectors of society, including women and children, are not harmed or neglected in the effort to promote economic growth. We stressed the crucial role of women in economic recovery programmes. It is important to focus on the social impact of the crisis and to expand social programmes in times of difficulty. [Par. 3], Joint Communique of the 32'd

On the worst forms of child labour, the Ministers reiterated their position that child labour should be eliminated as soon as possible but were of the view that the solution to the fundamental problem should be through education, technical assistance and other
promotional activities. [Joint II-12 May2000J
Communique of the I4th Labour Ministers Meeting, Manila, Phitippines,

They further noted that Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, had received
overwhelming support from ASEAN Member Countries. ASEAN Labour Ministers were of the view that children represent the future of the region and should be provided with a conducive environment for their growth and development. The Ministers called for appropriate technical assistance to be extended to ASEAN Member Countries to ensure effective implementation of the Convention. [Joint Communique of the l5'h ASEAN Labour Ministers Meeting, Kuala Lumpur, Malaysia, l0-l I May 20011

YOUTH

The Meeting expressed satisfaction with the progress that had been made by ASEAN in expanding public participation in its affairs, in particular by the women and youth. The Meeting was pleased with the increasing interest of women and youth in development and agreed that relevant programmes of action for their integration and participation in development should be encouraged. Jfar. 18, Joint Communique of the Ninth ASEAN Ministerial
Meeting, Manila, 24-26 June 19761

CONCERNED with the fostering and development of youth in ASEAN countries;

RECOGNIZING the importance of active participation and integration of the ASEAN youth in sharing the future development and progress of ASEAN and the necessity of meeting the needs and aspiration of the youth in ASEAN countries;

2t1

Working Group for an ASEAN Human Rights Mechanism

AWARE that only profound understanding of the current situation and likely prospects can lead to the promotion of the best educational, professional and living condition for the young people in ASEAN which will ensure their active participation and integration in national and regional development; [Declaration of Principles to Strengthening ASEAN
Collaboration on Youth, Bangkok, 24 June 1983J

and development of the creativity and responsibility of youth and the participation and integration of youth in national and regional development. 2. To promote policies and programmes relating to youth as an integral part of social, moral, cultural, spiritual and economic development. 3. To increase employment opportunities through formulation of effective programmes, national policies and plans to reduce youth unemployment. 4. To expand the base of youth participation and integration at the national and regional levels of development, such as through mobilization, consultation, participation in decision making and provision of services. 5. To create the opportunity that will enable all young persons to benefit from the educational programmes and activities at national and regional levels, to ensure access to education at every level and to make available technical and vocational training, to inculcate self discipline in society. 6. To facilitate youth exchange and youth cooperation at national and regional levels to strengthen the relationship among the youth of ASEAN. 1. To promote the involvement of youth and the exchange of information on youth and related issues, in particular through improving and expanding the channel of communication among ASEAN member countries, as a contribution to the establishment of the new international information order. 8. To strengthen solidarity in the international youth forum by promoting harmonization of views, coordinating positions and, where possible and desirable taking common action. 9. To enhance active participation of youth and non-government youth organizations in society, and in particular the promotion and achievement of national and regional development, toward strengthening the national and regional resilience. 10. To support the efforts of national and regional non-governmental youth organizatrons in the development of their constructive and responsible activities. [Declaration oJ Principles to Strengthening ASEAN Collaboration on Youth, Bangkok, 24 June
I 983J

1. To create appropriate environments which facilitate the promotion

To promote policies and programmes relating to youth as an integral part of social, moral, cultural, spiritual and economic development. [Par. 2, Declaration of Principles to Strengthening
ASEAN Collaboration on Youth, Bangkok, Thailand, 24 Jttne 19831

Noting that a substantial majority of the ASEAN population comprise young people who would produce the future leaders to perpetuate ASEAN values, ideals and aspirations, and who constitute a latge potential for productive and creative work, the Ministers
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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

agreed that serious and concerted attention be focused towards ASEAN cooperation in the area of youth and young people. In putting into effect the ASEAN Declaration on Principles to Strengthen ASEAN Collaboration on Youth which was signed by the Foreign Ministers, they agreed that a comprehensive ASEAN Youth Programme be adopted as the basic framework upon which ASEAN cooperation in this regard could be implemented. They also agreed to encourage national organrzations of youth and young people to incorporate in their articles of association the promotion of ASEAN objectives and those of the ZOPFAN. [Par. 52, Joint Communique of the ]6't' ASEAN Ministerial Meeting,
Bangkok, 24-25 June 1983J

In view of the role of the youth in ASEAN as a productive force and beneficiaries for development and regional cooperation, the Foreign Ministers requested the ASEAN Committee on Social Development (COSD) to formulate and implement programmes of youth. They noted the creation of the ASEAN Sub-Committee on Labour Affairs and the Sub-Committee on Education under the purview of COSD which would address the issues and programme of action pertaining of these two important areas. [Par.4t, Joint
Commtrniqtre of the 22"'t ASEAN Ministerial Meeting, Bandar Seri Begawan, 3-4

July

19891

ASEAN shall raise awareness of ASEAN among its peoples, in particular the younger generation, and to instill in them a consciousness of the spirit and identity embodied in ASEAN, by harnessing all appropriate modes and technologies in the media and communications, education and through greater interaction among its peoples1, [Par. 9(fl,
Bangkok Sttmmit Declaration

of

1995, 5'h ASEAN Snmmit, Bangkok, Thailand,

I5 December

19951

ASEAN shall enhance regional cooperation for the survival, protection and development of children and for youth development; [Par. 9(l), Bangkok Summit Declaration of 1995, 5'h
ASEAN Summit, Bangkok, Thailand, 15 December 19951

The Ministers reiterated the need to encourage the effective participation of women and youth in all levels of development. [Par. 36, Joinr Communique of the 29'h ASEAN Ministerial
Meeting, Jakarta, Indonesia, 20-21 July 1996J

MINDFUL that the youth of ASEAN represent a large proportion of the ASEAN
population and are a vast and dynamic resource for national and regional development;
XXX

RECOGNISING

the importance of youth participation in the formulation

and

implementation of national development policies; [Kuala Lumpur Agenda on ASEAN


Development, Kuala Lumpur, Malaysia, I7 November 1997J

Youth

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Working Group for an ASEAN Human Rights Mechanism

First, that the aims of the ASEAN Youth Policy are::

To pursue continuous peace and solidarity, progress and prosperity in the ASEAN region through the positive, active and proactive participation of the ASEAN youth, in the spirit of ASEAN fratemity; To prepare and empower ASEAN youth to meet the challenges of globalisation in the

2l't century; and To actively promote the understanding of sustainable and balanced development
among the younger generation.
Second, that to carry out these aims, Member Countries shall be guided by the following strategies:

1. To formulate

2.
3.

4.
5.

programmes and activities to strengthen regional solidarity, stability, prosperity and identity; To inculcate the staring of values, responsibilities and a common vision, and ASEAN fraternity among the young generation; To enhance the spiritual, moral and cultural values of the youth in order for them to cope with the future challenges of rapid development and globalisation; To equip the youth with appropriate skills and competencies in order to ensure the

region's competitiveness; and To foster the development of leadership, human values, entrepreneurship and communication skills and the spirit of voluntarism.

Third, that the priority areas of concern are:


The strengthening of ASEAN awareness; The promotion of human resource development in line with the rapid economic growth of the region; J. The attainment of equitable and sustainable development; 4. The enhancement of youth-related research and development (R&D) and the sharing of science technology and information through effective networking; 5. The preservation and promotion of ASEAN cultural forms and values; 6. The promotion of youth development as an integral part of national development; and 7. The promotion of the participation of the NGos in youth activities.

2,

1.

Development, Kuala Lumpur, Malaysia, 17 November 1997J

Fourth, that in implementing the Kuala Lumpur Agenda, there is a need to strengthen national and regional coordination and networking system of the various government, non-government, and other youth organisations. [Kuata Lumpur Agenda on ASEAN youth

a Drug-Free ASEAN, Manila, Philippines, 25

Expand awareness, education and rehabilitation programs among the region's youth, including the work program on Skills Training for Out-of-School Youth, to eliminate the demand for illicit drugs by the year 2020. [Par.6, ASEAN Foreign Ministers Joint Dectarationfor
July
19981

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

Establish and strengthen networks in education and training, particularly those promoting occupational safety and health, skills training for out-of-school youth, and distance education by 2004. [Par. 5.6, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998]

AFFIRMING the UN Millennium Summit Declaration, particularly its resolution to implement strategies to give young people everywhere a real chance to find decent and productivework...
XXX

MINDFUL that youth constitute the core resource for ASEAN's prosperity and progress in the new millennium, particularly in addressing the challenges of rapid global and regional integration arising from more intensive trade liberalisation and the expanding use of information and communications technologies (ICT);
RECOGNISING the important role of youth in enhancing moral, spiritual, and cultural values as the basis for responsible leadership and in fostering regional solidarity and identity so as to strengthen regional resilience;

COMMITTED to providing opportunities to prepare and empower the region's youth to meet the increasing opportunities and challenges created by the process of globalisation, taking into account their capacities, potentials and vulnerabilities; EMPHASISING the importance of self-reliance in sustaining the implementation of regional activities, particularly through cost-sharing and the utilisation of existing
resources and capacities available in Member Countries;

DO HEREBY DECLARE TO: 1. Contribute to the preservation and maintenance of the vibrancy and resilience of ASEAN's rich cultural heritage and foster ASEAN awareness and identity among the region's youth, thus strengthening the foundation for an ASEAN community; 2. Encourage the spirit of volunteerism and social responsibility among ASEAN youth in all fields, particularly in helping the marginalised and the vulnerable, and thus contribute to the realisation of the ASEAN Leaders' vision of a socially cohesive and caring ASEAN; 3. Promote access to education, functional literacy, numeracy, knowledge of basic science and life-long learning, and provide opportunities for employment and self-employment, thereby facilitating the integration of youth into the labour market;

4.
5.

Endeavour

to

enable ASEAN youth

with

access

to

information

and

communications technologies (ICT) and opportunities to obtain skills needed to participate meaningfully in the knowledge-based economy; Encourage and support the implementation of programmes, projects and activities for developing the leadership, entrepreneurship and business skills of ASEAN youth, as well as enhancing their technical and vocational skills and capabilities,
215

Working Group for an ASEAN Human Rights Mechanism

particularly by implementing the ASEAN Work Programme on Skills Training for Out-of-School Youth; 6. Create enabling environments which encourage and facilitate the expression of youth creativity, and the participation and integration of youth in nation- and region-building programmes ; 7. Involve ASEAN youth in seeking ways to further intensifz regional cooperation in working towards full realisation of the recommendations of the ASEAN Leaders for a healthier and stronger ASEAN, free from the menace of drugs, and free from the scourge of HIV/AIDS; 8. Strengthen and promote exchanges of youth within ASEAN, in order to enhance cooperation, especially with respect to the exchange of information, the sharing of best practices regarding the role of youth in meeting the challenges of the new millennium; 9. Encourage and support the forging of partnerships and links of solidarity between ASEAN youth and youth in East Asia and other regions, in promoting peace, cooperation and prosperity in the region and beyond; 10. Enhance the grassroots impact of ASEAN youth cooperation by forging partnerships with NGOs, the community and the private sector in implementing the priorities of the Yangon 2000 Declaration. [Yangon 2000 Declaration on Preparing ASEAN Youth for the Challenges of Globalisation, Yangon, November 2, 20001

REFAGEES, DISPLACED PERSONS, A]YD OTHER VICTIMS OF HUMANITARIAN DISA^SZER^S o

The Foreign Ministers deplored the premeditated and indiscriminate military attacks waged by Vietnamese occupation forces during January - April this year against the encampments, schools and hospitals for Kampuchean civilians at the Thai-Kampuchean border, which had resulted in severe losses of life and property of innocent Kampuchean civilians. These attacks were systematically launched in flagrant violation of the fundamental principles of humanitarianism and of the LIN Charter and had led to a massive influx of over 40,000 Kampucheans, mostly women, children and the old, into Thailand, adding further to the already heavy burden it was shouldering in providing temporary refuge to close to 170,000 Indochinese refugees. They recalled the international condemnation of the attacks and violations of Thai territory, such as that expressed by the EC statement of 25 April 1983 . [Par. 26, Joint Communique of the I6'h ASEAN
Ministerial Meeting, Bangkok, 24-25 June 1983J

The Foreign Ministers also noted with deep concern that, in addition to some 200,000 Thai villagers along the Thai-Kampuchean border who had already been affected and had had to be relocated as a result of the conflict in Kampuchea, several thousand more Thai villagers suffered from the intrusions of Vietnamese forces into Thai territory and from
2t6

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

the numerous over-the-border shelling incidents. [Par.


Ministerial Meeting, Jakarta,9-10 July 1984J

35,

Joint Communique of the

17th

ASEAN

The incident of 29 i|i4ay 1986 also witnessed the shelling of a civilian Kampuchean evacuation camp at Khao Yai which is under the care of the United Nations Border Relief Operation (LTNBRO) almost four kilometers inside Thai territory. Eleven Kampucheans died while some 50 persons, mostly the elderly, women and children, sustained serious injuries. The Foreign Ministers further demanded that the Vietnamese authorities cease and desist forthwith their attacks against Kampuchean civilians in UNBRO-supervised
camps inside Thailand. [Par.
23-28 June 19861
31,

Joint Communique of the ]g'h ASEAN Ministerial Meeting, Manila,

Since November 1985, over a quarter of a million of Kampuchean civilians have had to be evacuated to camps inside Thailand as a result of these continuing military operations conducted against the people of Kampuchea by Vietnamese forces. Furthermore, some 200,000 Thai villagers in these border areas had also to be relocated for their own safety. [Par. 32, Joint Communique of the ]g'h ASEAN Ministerial Meeting, Manila, 23-28 June 1986J

They deplored the Vietnamese artillery attacks on civilian refugee camps along the ThaiKampuchean border and Vietnamese violation of Thailand's sovereignty and teritorial integrity through military incursions. They condemned Vietnam for its occupation of the hills at Chong Bok inside Thailand and called on Vietnam to withdraw its troops from Thai territory. [Par. ]9, Joint Communique of the 20'h ASEAN Ministerial Meeting, Singapore, I5-16
June 1987J

The Foreign Ministers reviewed the refugee situation and expressed deep concern over the serious plight of Kampuchean refugees and displaced persons uprooted because of the continuing Vietnamese occupation of Kampuchea. The Ministers deplored the shelling and firing into civilian camps at the Thai-Kampuchean border. They recalled in particular the Vietnamese shelling on 31 May 1987 of the United Nations assisted Site 2 camp on Thai soil in which seven Kampucheans were killed and several wounded. They condemned the Vietnamese military incursions into Thai tenitory. These incidents have caused casualties not only to the civilian Kampuchean population but also to the Thai villagers living near the border. [Par. 28, Joint Communique of the 20'h ASEAN Ministerial Meeting,
Singapore, I5-16 June l9B7J

The Foreign Ministers called for a faster pace of resettlement of Indochinese refugees and asylum-seekers. They also called for the expeditious repatriations of those Vietnamese "screened-out" as non-refugees. In this context, they welcomed Vietnam's commitment to the "Orderly Repatriation Programme" for Vietnamese boat people and appealed to the intemational community to finance the programme for Vietnamese boat people. They

217

Working Group for an ASEAN Human Rights Mechanism

called on the resettlement countries to facilitate an early resolution of the problem. [par.
12, Joint Communique of the 2dh ASEAN Ministerial Meeting, Singapore, 23-24 Juty

l9%j

The Foreign Ministers called upon all parties concerned to fully implement the Dayton
Peace Agreements. They welcomed the Political Declaration adopted at Sintra. They expressed particular concern that several thousand refugees and displaced persons were

unable to return and that freedom of movement had not been fully restored throughout Bosnia andHerzegovina. [Par. 21, Joint Communique of the 30'h ASEAN Ministerial Meeting, Subang
Jaya, Malaysia, 24-25 July 1997J

We welcomed the registration process of East Timorese refugees which had been undertaken successfully without incident. We supported the on-going efforts of the
Government Indonesia in cooperating with relevant international humanitarian organizatrons in.facilitating the return and resettlement of the refugees. [Par. 16, Joint

of

Communique of the 34'h ASEAN Ministerial Meeting, Hanoi, 23-24 July 2001J

We welcomed the outcome of the Second Regional Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime in Bali on 29 April 2003. We urged the international community to assist source countries in addressing the root causes of the illegal movement of people, contribute to support programs for displaced persons, and help in alleviating the plight of refugees. [Par. 24, Joint Communique of the 36'h ASEAN
Ministerial Meeting, Phnom Penh, Cambodia, 16-17 June 2003J

LABOT]R
The Meeting recognised that rapid population growth and the failure to create quickly new employment opportunities could affect adversely the stability of the region. The Meeting agreed to find solutions to these problems through collaboration in the field of labour and manpowet. [Par. ]0, Joint Communique of the First ASEAN Labour Ministers Jakarta, l-3
I 97 5J

April

collaboration in the field of labour and manpower and to suggest specihc actions and projects. These include periodic or regular exchange of expertise in labour administration, seminars in specialized areas, such as industrial safety, manpower

The Meeting decided to establish an Ad-Hoc Committee to examine areas of

training, manpower planning, labour relations by tapping the resources of multilateral and non-governmental institutions such as United Nations Development Programme, the Friederich Ebert Stiftung, Konrad Adenauer Foundation and the publication of a newsletter a medium of communication among ASEAN Ministers of Labour. [par. u, Joint Communique of the First ASEAN Labour Ministers, Jakarta, 1-3 April 1975J
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ASEAN and Human Righis: A compilation of ASEAN Statements on Human Rights

The Meeting endorsed the Report of the Special Meeting of the Labor Ministers of ASEAN countries held in Baguio City, Philippines on 17-Ig May L976, and reaffirmed the commitment of their respective Govemments to the ASEAN Basic Needs Strategy which aims to effectively distribute the benefits of production to the people of the region who still experience poverty and deprivation. The Strategy requires thai the production of basic needs, personal consumption items, community ,.*i.er, and productive and renumerative employment be an integral portion of the individual country;s development
efforts. [Par. 17, Joint
Communique of the Ninth ASEAN Ministerial Meeting, Manila, 24-26 June 1976J

The Meeting welcomed the decision of the ASEAN Ministers of Labour to focus efforts on human resources development as a contribution to the welfare of mankind, particularly on the betterment of the standard of life for the working man engaged in economic activities in the traditional rural sector and in the informal urban sector to the basic needs of human life. The Meeting urged that high priority be given to these programmes- [Par. 24, Joint Communique of the I t'h ASEAN Ministerial Meeting, pattaya, Thaitand,
l4-16 June 19781

of the ASEAN-EC Ministerial Meeting, Brussels, 2I November 19781

to intensify cooperation with ASEAN in this respect, including a continuation of the current programme of seminars on the subject of transfer of technology and an expansion of the training and educational assistun." programmes for technicians and industrial workers from the ASEAN countries. [par. 32, Joint Dectaration
The Community undertook

New York, 4 October 1979J

[T]he promotion of labour opportunities especially rural areas and increasing the income particularly of the small farmers; [Articte I(vii), Agreement on the ASEAN Food Security Reserve,

Joint Communique of the I3'h ASEAN Ministeriit Meeting, Kuala Lumpur, 25-26 June t9g-0J

In regard to ASEAN Cooperation on Labour matters, the Meeting welcomed the positive steps taken by the ASEAN Labour Ministers to expand their activities under the ASEAN TCDC Programme of Labour and Manpower for the improvement of the working environment within the ASEAN region. The Meeting further commended the ASEAN Labour Ministers for their decision to jointly take up the matter of the protectionist and interventionist activities of the Internaiional Trade Secretariats (ITS) at the forthcoming ILO regional conference with a view to urging the ILO to study the matter and determine the proper relationship of ITS with individual nations. The Meeting agreed that ASEAN countries should remain vigilant of the practices of ITS in the ASEAN region. [par. 46,

219

Working Group for an ASEAN Human Rights Mechanism

It also agreed to intensify communication

between focal points to promote exchange of information and experiences on labour law and practices, particularly on trade union activities, labour welfare, labour productivity and employment policies. [Par. 5, Joint
Communique of the Fourth Meeting of the ASEAN Labour Ministers, Singapore, 6-7 September 1982J

The Meeting agreed in principle to set up an ASEAN Centre for Industrial Relations to facilitate exchange of information and expertise to help member countries strengthen their industrial relations system and practices. The ultimate objective of this project is to promote social and economic development through industrial peace, higher productivity and social development. [Par. 8, Joint Communique of the Fourth Meeting of the ASEAN Labour
Ministers, Singapore, 6-7 September 1982J

To increase employment opportunities through formulation of effective programmes, national policies and plans to reduce youth unemployment. [Declaration of Principles to
Strengthening ASEAN Collaboration on Youth, Bangkok, 24 June 19831

Recognizing the importance of the informal sector in employment generation and economic growth, the Meeting expressed the need that this sector be given adequate protection and benefits and that the capacity of the informal sector in contributing to economic development be upgraded. It called on the ILO, LINDP and donor countries that assistance to ASEAN countries in this area be fuither enhanced. [Par. 9, Joint
Communique of the Sixth Meeting of the ASEAN Labour Ministers, Bandar Seri Begawan, 27-29 November
r eB6J

The Meeting reiterated its grave concern over the increasing protectionist barriers and practices which adversely affects industrial relations, employment and productivity. It also noted with regret the emergence of new forms of labour protectionism experienced by most ASEAN member countries. [Par. 10, Joint Communique of the Sixth Meeting of the ASEAN
Labour Ministers, Bandar Seri Begawan, 27-29 November 1986J

On International Labour Standards, the Meeting agreed that: International Labour Standards be included as a regular item for future Senior Officials' Meetings; The ILO provide more promotional measures such as sub-regional seminars, training fellowships and internships in this area; and ASEAN member countries continue to exchange information and experiences in respect of International Labour Standards. Jfar. ll, Joint Communique of the
Sixth Meeting of the ASEAN Labour Ministers, Bandar Seri Begawan, 27-29 November 1986J

Recognizing the importance of the informal sector in employment generation and economic growth, the Meeting expressed the need that this sector be given adequate
220

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

protection and benefits and that the capacity of the informal sector in contributing to economic development be upgraded. The meeting emphasised the need to increase the employability of the unemployed and the underemployed workers and agreed to propose an ASEAN project proposal on the informal sector. [Par. 7, Joint Communique of the Seventh
ASEAN Labour Ministers Meeting, Bali,Indonesia, 13-14 October 19881

The Meeting agreed that the ILO provide more promotional measures such as subregional seminars, training fellowships and internships in the field of Intemational Labour Standards and that the ASEAN member countries continue to exchange information and experiences in this respect. [Par. 10, Joint Communique of the Seventh ASEAN
Labour Ministers Meeting, Bali, Indonesia, I3-14 October 1988J

The Ministers agreed that in view of the rapid economic and technological changes and the need of ASEAN for qualified personnel such as scientists and engineers to support their economic development, human resource development should continue to be accorded priority and therefore an assessment and review of ASEAN-EC HRD Programmes be undertaken expeditiously. [Par. 44, Joint Declaration of the Eighth ASEAN-EC
Ministerial Meeting, Kuching, Malaysia, I6-17 February 1990J

The Ministers expressed their grave concem over the move by some developed countries and International Trade Secretariat (ITSs) to introduce social clauses into international trade agreements, and to use this as a condition for gaining market access by developing countries. The Ministers also expressed their concern that some ITSs are using local trade unions as their proxies to force compliance with ILO labour standards. Such attempts would undermine the competitiveness of developing countries and erode their comparative advantages thereby hurting their economies. Poor economic conditions in developing countries would have detrimental effects on the social well-being and living standaids of their people. This in turn would have adverse consequences on the economies of the developed countries. The Ministers therefore urged the ILO to strongly resist any attempt to introduce new conditionalities that link social clauses and ILO labour standards with market accessibility. Jfar. 6, Joint Communique of the 1}th ASEAN Labour
Ministers Meeting, Singapore, I6-17 May 1994J

The Ministers emphasised that they are not opposed to the application of labour standards and are committed to improving the economic and social well-being of workers. However, they are concerned with the rigid imposition of labour standards and the use of rigid standards to stifle free trade and economic development which constitutes a new form of protectionism. [Par. 7, Joint Communique of the 10th ASEAN Labour Ministers Meeting,
Singapore, I6-17 May 1994J

The Ministers are of the view that given their different economic development,
developing countries should not be pressured to comply with standards which are mainly
22r

Working Group for an ASEAN Human Rights Mechanism

of the developing countries, and be more flexible in the implementation of labour standards. It should give due regard to the overall progress of the social and economic conditions of member states in its assessment of their compliance with ratified ILO
conventions. [Par.
May 19941
8, Joint Communique of the I0'h ASEAN Labour Ministers Meeting, Singapore,

based on those of the advanced and developed countries. The Ministers called upon the ILO to undertake a review of outdated labour standards as a follow-up of the ILO Director-General Report, taking into account the special circumstan.., und peculiarities

I6-17

May 19941

The Ministers noted the importance of creating a climate of industrial peace and harmony to achieve economic growth in an increasingly competitive environment. The Ministers therefore endorsed the project proposal on "ASEAN Programme on Industrial Relations,', and called for its immediate implementation as soon as the ILO has finalised the project document. [Par. It, Joint Communique of the ]Tth ASEAN Labour Ministers Meeting, Singapore, I6-17

The Ministers further noted that the economic success of nations would increasingly depend on the quality of their labour force. It is therefore important that workers in ASEAN continually upgrade their skills level to meet the challenges of a more competitive global environment. In this regard, the Ministers agreed that the ,,ASEAN Regional Project on Human Resources Development Planning" *hi.h was endorsed at
development planning strategies with the view to enhance skills development of workers in ASEAN. [Par. 12, Joint Communique of the tTth ASEAN Labour Ministers Meeting, Singapore, I6-17

the 9"' ASEAN Labour Ministers' Meeting, should foius on human resource

May 1994J

promote economic development and stability in the region through the implementation of regional cooperative programmes to help brinlg about industrial harmony, higher productivity, the efficient use of human resources, greater employment opportunities and an enhanced quality of life for workers. [par. ]3, Joint Communique of the
10'h ASEAN

To

Labour Ministers Meetfng, Singipore, I6-17 May 19941

standards and environmental issues to trade could become a new ir.tr"t for protectionism and could undermine the progress achieved so far i4 the libeialization of world trade. While stressing the importance of uplifting soclal conditions, they maintained that these issues are more appropriately addressed by other competent intemational bodies such as the International Labour-Organization (irOl [par. 16, Joint
Communique of the 27th ASEAN Ministerial Meeting, Bangkok, Thaitind, 22-23 July

The Foreign Ministers expressed serious concern that the linkage of worker rights, labour

Iggil

The Foreign Ministers expressed grave concern underlined by the ASEAN Labour Ministers that attempts by some developed countries to introduce social crauses into
222

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

International Trade Agreements would restrict market access and adversely affect the employment opportunities of workers in developing countries. They urged the ILO to support flexible and fair implementation of labour standards considering the needs of developing countries; [Par. 24, Joint Communique of the 27th ASEAN Ministerial Meeting, Bangkok,
Thailand, 22-23 July 19941

The Foreign Ministers reiterated their stand as underlined by the ASEAN Labour Ministers during their informal meeting at Chiang Mai in April 1995, to oppose any attempt to link labour standards with international trade and to use labour standards to interfere in the internal affairs of developing countries. They welcomed the recent position adopted by the ILO Goveming Body's Working Party to suspend any further discussion of the link between international trade and social standards. The Foreign Ministers renewed their call on the ILO to undertake a thorough review of labour
standards, some of which are not relevant to the economic and labour environment of the developing countries on the road to industrialization. [Par. 22, Joint Communique of the 28'h
ASEAN Ministerial Meeting, Bandar Seri Begawan, Brunei Darussalam, 29-30 July 1995J

The Ministers have reached consensus on the following:

i. ii. iii. iv. v. vi. vii. viii.

to reaffirm their position adopted at the Informal Meeting held from 2l to 28 April 1995 in Chiang Mai, Thailand that there should be no linkage between
international labour standards and international trade; to reiterate the position adopted at the 5th Conference of Non-Aligned and Other Developing Countries held from 19 to 23January 1995 in New Delhi, India to continue to oppose any such linkage at all international fora; to continue to express concern that any such linkage would seriously undermine the economic growth of developing countries which in turn would affect the economy of the developed nations; to reiterate the view that the issue of international labour standards should be discussed in the International Labour Organisation which is the most competent body to deal with the issue, and not in international trade or other non-labour related fora; to reaffirm their commitment to improving the economic and social well-being of workers; to underscore the view that many of the ILO Conventions which were formulated decades ago have become outdated and do not reflect the actual social and economic conditions of Member States; to put forth the view that ILO instruments should be used to help Member States to improve their socio-economic conditions and not as a tool to penalise Member States for non-compliance; to urge the ILO to review the international labour conventions including the socalled fundamental Workers' Rights Conventions, namely: a. Convention 29: Forced Labour Convention, 1930, b. Convention 87: Freedom of Association and Protection of the Right to or ganize Convention, 19 48,
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Working Group for an ASEAN Human Rights Mechanism

c.

Convention 98: Right to organize and Collective Bargaining Convention, t949-, d. Convention I 00: Equal Remuneration Convention, 1957 ; e. Convention 105: Abolition of Forced Labour Convention,lg5T; f. Convention III: Discrimination (Employment and occupation) Convention,
o b'

1958; and Convention 138: Minimum Age Convention, 1973 [nar. 6, Joint Communique of the I l'h ASEAN Labour Ministers lfeiting, Bangkok, Thailand, 25-26 April 1996J

In line with the ILO's fundamental objectives of promoting employment and social
development, the Ministers called upon the ILO to consider the following:

i. ii.

to provide additional resources and technical assistance to help member states in the promotion of employment eradication of poverty, and the elimination of child labour; and to review and update ILO Conventions with a view to facilitate ratification of relevant Conventions by Member States. [Par. 8, Joint Communique of the ] I'h ASEAN Labour Ministers Meeting, Bangkok, Thailand, 25-26 April 1996J

The Foreign Ministers welcomed the consensus reached at the WTO Ministerial Conference in Singapore which renews members' commitment to the observance of intemationally recognized core labor, standards and recognizes the International
Organrzation (ILO) as the competent body to deal with those standards. They reiterated the position taken by the ASEAN Labor Ministers that trade access should not be linked to workers conditions or the levels of implementation of labor standards in a particular country. They supported the view that the so-called core or fundamental labor standards should be thoroughly reviewed before Member Countries consider rati$ing them. The Ministers also affirmed their support for the statement of the Non-Alignerd Movement which called upon the ILO to assist in the progressive attainment of higher standards of labor welfare by focusing on all areas of its work and giving due regard to the stage of socio-economic development reached by individual member states. fpar. 50, Joint communique of the 30'h ASEAN Ministerial Meeting, subang Jaya, Malaysia, 2l-2s July ioozl

The ASEAN Labour Ministers recognised the ILO's efforts and contribution to the welfare of the working population through the promotion of labour standards and
technical assistance to the member States. [Par.9.t, Joint Ministers Meeting, Ha Noi, Viet lllam, 29-30 April 1998J
Communique of the ]2'h ASEAN Labour

The Ministers noted the initiative taken by the Director-General of the ILO in proposing the Declaration on the Fundamental Rights of Workers, with the view to encouraging member States to observe the seven fundamental Conventions. [par. 9.2, Joint Commtrnique
of the t2th ASEAN Labour Ministers Meeting, Ha Noi, Viet Nam, 29-30 April l99gJ

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ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

In this regard, the ASEAN Labour Ministers reaffirmed their full support to the AsiaPacific position that ratification of the ILO Conventions is voluntary and should be achieved through promotional means and based on the stage of development of each member State. Without impinging on the sovereign rights of each member State, the Declaration can enhance the progressive ratification and enforcement of the fundamental
Nam, 29-30

Conventions. [Par.9.4, Joint Communique of the I2'h ASEAN Labour Ministers Meeting, Ha Noi, Viet April 1998J

The ASEAN Labour Ministers are of the view that the Declaration and its follow-up mechanism should not impose new obligations on member States or create doublescrutiny but should build upon well-established procedures. [Par.9.5, Joint Communique of the l2'n ASEAN Labour Ministers Meeting, Ha Noi, Viet Nam, 29-30 April 1998J

The Ministers expressed their satisfaction with the progress of the ongoing ASEAN projects in the field of labour: namely ASEAN Training and Information Centre for Improvement of Working Conditions and Environment/ASEAN Occupational and Safety and Health Network (ASEAN-OSHNET); and Promotion of Self-Employment and Development in the Informal Sector, which are being implemented by the ASEAN Secretariat with funding assistance from the UNDP ASP-5 Sub-Programme on Human Development. They noted with appreciation the efforts of the ASEAN Secretariat in securing funding from the LINDP to implement the ASEAN Regional Project on Human Resource Development Planning with the ILO as executing agent. The Ministers also expressed their appreciation to the UNDP and the ILO for their assistance and contributions to the project. [Par. 10, Joint Communique of the l2'h ASEAN Labour Ministers
Meeting, Ha Noi, Viet Nam, 29-30 April 19981

Promote freer flow of capital, skilled labour, professionals and technology among ASEAN Member States; fPar. 2.2.h, Ha Noi Plan of Action, Ha Noi, Viet Nam, I5 December 1998]
Undertake studies on the evolution of new working conditions and living environments resulting from widespread use of information technology by 2001 . [Par. 3.8, Ha Noi Plan of
Action, Ha Noi, Viet Nam, I5 December 19981

Establish and strengthen networks in education and training, particularly those promoting occupational safety and health, skills training for out-of-school youth, and distance education by 2004. [Par. 5.6, Ha Noi Plan of Action, Ha Noi, Viet Nam, l5 December 1998J

The maintenance and creation of employment shall be a primary consideration in our strategies for economic recovery and growth. [Par. 19, 6'h ASEAN Summit Ha Noi, Viet Nam. 15I6 December 1998J

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Working Group for an ASEAN Human Rights Mechanism

They reiterated the Summit's call for the maintenance and creation of employment as critical elements in economic recovery. In this connection, the Ministers emphasised the importance of continuous training and upgrading of the region's workforce to meet the demands and opportunities of the labour markets of today and tomorrow. The Ministers observed that efforts to enhance the employability of workers have been an on-going concern of ASEAN cooperation in labour affairs. [Par. t t, Joint Communique of the ]3'h ASEAN
Labour Ministers Meeting, Yangon, Myanmar, l4-15 May 19991

The Ministers also noted that on-going ASEAN labour projects on informal sector
development, human resources development planning, occupational safety and health and skills standards are in line with the priorities of the Ha Noi Plan of Action , and will contribute towards alleviating unemployment as well as improve the quality of the region's labour force, thus facilitating the region' s early recovery from the crisis. [Par. 12,
Joint Communique of the
13'h ASEAN

Labour Ministers Meeting, Yangon, Myanmar, 14-15 May 19991

The Ministers expressed their continued concern with the wide-ranging social impact of the financial and economic crisis in ASEAN, which had also adversely affected the labour and employment sifuation in the region. They reaffirmed the ASEAN Leaders' commitment stated at the Sixth ASEAN Summit to safeguard the interests of the poor. The Ministers emphasised the importance of employment creation as a strategy for poverty alleviation. [Par. t 3, Joint Communique of the I 3th ASEAN Labour Ministers Meeting, Yangon,
Myanmar, I4-15 May 19991

The Ministers expressed appreciation to the ASEAN Secretariat for formulating an ASEAN programme to address the labour and employment impacts of the crisis, with the following elements:

a.

sharing and exchange ofexperience and best practices in developing social protection and social security systems; b. promoting tripartite cooperation through increased consultations among the social partners, in relation to economic restructuring including strengthening of tripartite institutions and mediation/conciliation mechanisms; and c. enhancing capacity for designing programmes or policies on employment generation, focusing on active labour market policies and re-training. [Par. ]5, Joint Communique of
the I3'h ASEAN Labour Ministers Meeting, Yangon, Myanmar, t4-15 May 1999]

On the ILO Declaration on the Fundamental Principles and Rights at Work adopted at the 86th Session of the ILC in June 1998, the ASEAN Labour Ministers welcomed the decision and assurances by the ILO Director-General that the Declaration and its followup would be promotional in nature. This would be in line with the principle that member States are encouraged to respect the fundamental principles and rights at work. A
226

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

promotional approach would enable member States to work towards the objectives of the Declaration, and this would, in the long term, lead to the eventual rutification of more conventions based on their respective stage of economic and social development. [par. 17, Joint Communique of the I3'h ASEAN Labour Miiisters Meeting, Yangon, Myanmar, I4-i5 May 1999J

Vision and Mission Statement of the ASEAN Labour Ministers 10. In the light of the rapid changes taking place in ASEAN as a result of regional economic integration, the trends of trade liberalisation and globalisation, and the renewed focus of priorities in labour and employment as called for by the Hanoi Plan of Action and the directives of the Third ASEAN Informal Summit, the Ministers pledged a renewed commitment and determination to strengthen the social pillars of ASEAN by promoting the full potential and dignity of workers and to address specific issues and concerns brought about by these changes. They adopted a Vision and Mission Statement describing the nature of these tasks and outlining the future course of action to be charted in the area of labour and employment, directed at strengthening internal capacities to address social protection, employment generation and enhanced tripartite consultation. I 1. To realise their Vision, the Ministers tasked the Senior Labour Officials to collaborate closely in firming up the framework and operationalising a five-year work programme to address the following issues as agreed at the 13th ASEAN Labour Ministers Meeting held in May 1999 in Yangon: - sharing and exchange of experience and best practices in developing social protection and social security systems; promoting tripartite cooperation through increased consultations among the social partners, in relation to economic restructuring including strengthening of tripartite institutions and mediation/conciliation mechanisms ; and - enhancing capacity for designing programmes or policies on employment generation, focusing on active labour market policies and re-training.
XXX

ILO Convention on Forced Labour of 1930 (Convention 29)


15. The Ministers were briefed on the outstanding issues faced by the Government

of complying with ILO Convention 29 on Forced Labour. The Ministers were informed by His Excellency the Minister of Labour of Myanmar of the invitation, without preconditions, requesting ILO to send a technical cooperation mission to Myanmar. The Ministers welcomed this positive development and strongly urged the ILO to send the technical cooperation mission to assist Myanmar regarding compliance with Convention 29. The mission should be sent preferably before the forthcoming ILC so that the outstanding issues between Myanmar and ILO could be expeditiously resolved.
Myanmar

in

Promotion of Labour Standards 16. The Ministers reaffirmed their commitment to promote working conditions in an environment of freedom and equality. On the worst forms of child labour, the Ministers reiterated their position that child labour should be eliminated as soon

227

Working Group for an ASEAN Human Rights Mechanism

as possible but were of the view that the solution to the fundamental problem should be through education, technical assistance and other promotional activities. On the promotion of labour standards, the Ministers stressed that it should not be linked to trade issues and registered their concern that labour standards could be used for protectionist or other purposes which are not relevant to the objectives of the ILO. In this regard, the Ministers urged the ILO to assure that the promotion of labour standards should be carried out within the purview of the ILO and for the benefit of the workers, employers and governments of the Member States. [Joint Communique of the 14'h ASEAN Labour Ministers Meeting, Manila, Philippines, 11-12
May 2000J

In protecting the interest and welfare of workers facing the rapid changes brought about by globalisation, the Foreign Ministers noted with satisfaction the Vision and Mission Statement issued by the 14th ASEAN Labour Ministers' Meeting in Manila in May 2000 to forge closer regional integration for a more progressive ASEAN in the 2lst Century, and to address the labour and employment priorities arising from ASEAN's recovery process. They also noted that the emphasis on training and retraining, manpower planning, strengthened tripartite consultation and greater social protection for workers will provide an enabling environment conducive to employment generation, and would greatly assist the overall regional effort to build a firmer and more balanced foundation for processing sustainable social and economic progress. [Par.5t, Joint Communique of the
33rd ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 July 2000J

Developments in Myanmar 14. The Meeting noted that the Myanmar government had twice invited the ILO Technical Team to visit Myanmar to better understand the situation and to help Myanmar meet the requirements under ILO Convention 29 on Forced Labour. The Meeting further noted that the Myanmar government had also taken concrete legislative, executive and administrative actions to prohibit forced labour. In particular, the Meeting noted that the Myanmar Ministry of Home Affairs had made requisition of forced labour illegal and punishable by law. To ensure that instances of forced labour in the country could be effectively eliminated, it has also formed the National Level Implementation Committee for Forced Labour Convention No. 29. 15. The Meeting called upon the ILO to recognize these initiatives by the Myanmar Government to stop all forms of forced labour. . . .
XXX

Impact of the Global Economic Slowdown on ASEAN


18.

The ASEAN Ministers noted that the current global economic slowdown threatened to undermine the economic recovery of the region and the progress made in improving employment opportunities in the region following the financial and economic crisis of 1997-1998. The Ministers expressed concern that

228

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

the economic slowdown experienced by ASEAN's major trading partners had increased the rate of unemployment in some Member Countries. 19. The Ministers noted however that the region has now accumulated valuable experience in dealing with the employment impact of economic downturns, having responded to the economic and financial crisis in 1997-1998, and that Member Countries have adopted measures and policies which will enable them to better cope with the current economic slowdown. The Ministers noted that their regional work prograffIme, which is aimed at enhancing capacity to design social protection systems and employment generation programmes and to promote tripartite cooperation in the context of economic restructuring, is even more timely given the current economic climate.
XXX

Proposed Philippine Initiative On Common Recognition of Professions in ASEAN

ASEAN Labour Ministers noted with interest the proposed Philippine initiative on common recognition of professions in ASEAN and observed that the initiative would complement the project on promoting mutual recognition of skills under the ALMM Work Programme. . . .
XXX

The Ministers . expressed their hope to further intensiff existing cooperation in human resource development under the framework of the Joint Statement on East Asia Cooperation, and to promote more joint activities in the field of labour and HRD, building on the existing capacities and strengths each had to offer. The Ministers expressed their desire to continue to exchange views regarding labourrelated issues at various international fora.
XXX

JJ.

Regarding international issues, ASEAN Labour Ministers reiterated their view, supported by their counterparts from East Asia, that labour standards should not be linked to international trade and that the ILO is the most competent body to deal with the issue. [Joint Communique of the t 5'h ASEAN Labour Ministers
Meeting, Kuala Lumpur, Molaysia, 10-1,/ May 2001J

The Ministers noted with satisfaction the information provided by the Myanmar Labour Minister on the progress made towards the elimination of forced labour in consistent cooperation with the lLO. Jfar. 10, Joint Communiqud of the Idh ASEAN Labour Ministers Meeting,
Vientiane, Laos,9-10 May 2002J

In view of this positive and constructive gesture of the Myanmar Government directed towards further promotion of cooperation with the ILO, the ASEAN Labour Ministers called upon the ILO to consider removing the measures taken against Myanmar by the
229

Working Group for an ASEAN Human Rights Mechanism

ILO. [far. ]1, Joint


May 20021

Communiqud of the l6th ASEAN Labour Ministers Meeting, Vientiane, Laos,9-10

areas for continued cooperation in the held of labour, ASEAN Labour Ministers proposed, and their East Asian counterparts agreed to consider support for the projects on labour and employment to be implemented under the Initiative for ASEAN Integration which aims to bridge the development gap within ASEAN by assisting the new ASEAN Member Countries, with priority given to the Technical Assistance Programme for the CLMV Countries and the ASEAN Regional Project on Human Resource Development Planning . [Par. 26, Joint Communique o7 tlte lO'h ASz,qN Labour Ministers Meeting, Vientiane, Laos, 9-10 May 2002J

In exploring

EMPHASIZING the importance of youth as a vital human resource of ASEAN nations and the need to formulate and implement youth development policies and programs to realise the potential of this segment of ASEAN's population;
LTNDERSCORING our commitment towards empowering the ASEAN youth so that they are fully confident and capable of meeting the challenges of globalisation;

RECOGNISING that continued support through policies, programs, and technical interventions is necessary to sustain the strength and vitality of the youth sector within ASEAN societies;

MINDFUL of the Hanoi Plan of Action, priorities calling for implementation of the ASEAN Work Programme on Skills Training on Out-of-School Youth, to strengthen their capacity to obtain gainful employment, and to foster small and medium-sized enterprises which constitute the majority of industries in ASEAN and play a significant
role in the over-all economic development of ASEAN nations; SEEKING to address unemployment and underemployment as an emerging major area of concern for the youth of ASEAN within the context of globalisation;

DO HEREBY DECLARE to strengthen participation in sustainable youth employment through the following:
Improve the availability and quality of human resources training and leadership development programs designed specifically for ASEAN youth so that they are better equipped to participate in the growth and development efforts of their respective
countries;

Ensure that all youth subsectors, particularly the out-of-school youth, youth with special needs, youth-at-risk, are given appropriate access to policy and program development both as beneficiaries and partners in sustainable employment; Prioritise entrepreneurship and sustainable employment on ASEAN's development agenda to open new opportunities for the young people that would allow them to create a better future for themselves and their ASEAN community;
230

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

nurturing environment conducive for the development of young entrepreneurs with access to education, skills-training, and capacity-building that is
Create

essential for increased productivity and self-employmenU Promote the spirit and the culture of entrepreneurship among the ASEAN youth and facilitate the establishment of small and medium-sized enterprises that would create jobs and address the unemployment issue of young people so that they would become productive partners for a strong ASEAN region; Establish a network of young entrepreneurs at the national and ASEAN level so that they could link up and together build their capacities and skills for better competitiveness in the global market place; Strengthen the participation of youth volunteer groups and organisations in the socioeconomic development process so that they would be able to augment and complement government and non-government resources and efforts directed at youth development;

Enhance and strengthen international, regional, and national partnerships with educational institutions so that these can perform an active role in improving the skills, competence, and employability of ASEAN youth, as well as help in developing an integrated and systematic enterprise development and youth employment program for the region; Encourage closer linkages between ASEAN and other like-minded organisations addressing youth employment concerns to further pursue innovative approaches in jointly addressing the global challenge of youth employment; [Manila Declaration on
Strengthening Participation in Sustainable Youth Employment, Fourth ASEAN Ministerial Meeting on Youth, Manila, Philippines, 3-4 September 2003J

The Ministers recognised the value of exchanging experiences and information in controlling and containing the spread of SARS among Member Countries. The
Ministers also acknowledged that the comprehensive and stringent measures taken by affected ASEAN members are necessary to prevent the further spread of SARS to minimise the human toll and economic fallout. The Ministers noted with concern the adverse impact that SARS had already caused in the region's labour and employment situation. [Par. 10, Joint Communiqud of the ]lh ASEAN Labour Ministers Meeting, Mataram,
Indonesia, 8-9 May 20031

The Ministers agreed to task the Senior Officials to convene soonest a Special Meeting on SARS, to discuss the impact of SARS on labour, employment, human resources and occupational safety and health, share experience and best practices in managing the SARS outbreak, and discuss the role to be played by the social partners in helping to ease the SARS impact on retrenchments, unemployment, and workers protection. [Par. 11, Joint
Communiqu,! of the 17'h ASEAN Labour Ministers Meeting, Mataram, Indonesia, S-9 May 20031

The ASEAN Labour Ministers also acknowledged the efforts made by the Myanmar Government in eradicating the practice of forced labour from the country. In particular, the Ministers noted the Myanmar Government's willingness to co-operate with the ILO
231

Working Group for an ASEAN Human Rights Mechanism

by developing a Plan of Action and continue discussions with the ILO Liaison Officer in the efforts to eliminate forced labour. The ASEAN Labour Ministers reaffirmed their support for the Government of Myanmar in their quest to comply with the ILO Core Convention 29 on Forced Labour and called upon the ILO to consider removing the measures taken against Myanmar by the ILO. [Par.2], Joint Communiqud of the 17'h ASEAN
Labour Ministers Meeting, Mataram, Indonesia, S-9 May 20031

232

List of Documents . . . . o o o o o o o o o o o o o o o o o o
ASEAN Summit Ha Noi, Viet Nam, 15-16 December 1998 Agreement on ASEAN Energy Cooperation, Manila, 24 June 1986 Agreement on ASEAN Preferential Trading Arrangements Manila, 24 Februarvt977 Agreement on the ASEAN Food Security Reserve, New York,4 October 1979 Agreement on the Conservation of Nature and Natural Resources, Kuala Lumpur, 9 July 1985 Agreement on the Establishment of the ASEAN Centre for Energy, Manila, Philippines ,22 May 1998 ASEAN Agreement on Customs, Phuket, Thailand, I March 1997 ASEAN Cooperation Plan on Transboundary Pollution, Kuala Lumpur, Malaysia,
6th

June 1995

ASEAN Declaration of Principles to Combat the Abuse of Narcotic Drugs,


Manila, 26 June 1976 ASEAN Declaration on Mutual Assistance on Natural Disasters, Manila, 26 June 1976 ASEAN Declaration on the South China Sea, Manila, Philippines,22 July 1992 ASEAN Declaration on Transnational Crime, Manila Philippines, 20 December r997 ASEAN Foreign Ministers Joint Declaration for a Drug-Free ASEAN, Manila, Philippines, 25 July 1998 ASEAN Foreign Ministers Joint Statement on the International Problem of Drug Abuse and Trafficking, Kuala Lumpur, 9 July 1985 ASEAN Foreign Ministers Meeting to Discuss International Developments Affecting the Region, Manila, 13-14 July 1972 ASEAN Foreign Ministers Meeting to issue the Declaration of Zone of Peace, Freedom and Neutrality, Kuala Lumpur, 25-26 November 1971 ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok, Thailand, 15 December 1995 ASEAN Framework Agreement on Services, Bangkok, Thailand, 15 December t995 ASEAN Framework Agreement on the Facilitation of Goods in Transit, Ha Noi, Viet Nam, 16 December 1998 ASEAN Ministerial Understanding on ASEAN Cooperation in Agriculture and Cooperatives, Manila, 4-5 October 1984 ASEAN Ministerial Understanding on Fisheries Cooperation, Singapore, 22 October 1983 ASEAN Ministerial Understanding on Plant Quarantine Ring, Kuala Lumpur, 8-9 October 1982

233

Working Group for an ASEAN Human Rights Mechanism

ASEAN Ministerial Understanding on the Standardization of Import and Quarantine Regulations on Animal and Animal Products, Kuala Lumpur, 9
October 1982 ASEAN Statement on Forestry of the 15th Meeting of the ASEAN Ministers on Agriculture and Forestry, Bandar Seri Begawan, Brunei Darussalam, 28-30 November 1993 ASEAN Statement on Kampuchea Issued by the ASEAN Foreign Ministers, Bangkok, 12 February 1985 ASEAN Vision 2020, Kuala Lumpur, Malaysia, 15 December 1997 ASEAN-EEC Joint Declaration, Kuala Lumpur, Malaysia, 7 March 1980 ASEAN-United States of America Joint Declaration for Cooperation to Combat International Terrorism, Bandar Seri Begawan, I August2002 Bandar Seri Begawan Resolution on the Environment and Development, 26 April

t994 Bangkok Declaration on the ASEAN Environment, Bangkok, Thailand., 29


November 1984 Bangkok Summit Declaration of 1995, 5th ASEAN Summit, Bangkok, Thailand, 15 December 1995 Basic Agreement on ASEAN Industrial Complementation, Manila, Philippines, 18 June 1981 Basic Agreement on ASEAN Industrial Joint Ventures, Jakarta, Indonesia, 7 November 1983 Basic Agreement on ASEAN Industrial Projects, Kuala Lumpur, Malaysia, 6 March 1980 Basic Framework of ASEAN-Mekong Basin Development Cooperation, Kuala Lumpur, Malaysia, 17 June 1996 Cooperation Agreement Between Member Countries of ASEAN and the European Community, Kuala Lumpur, 7 March 1980 Declaration of ASEAN CONCORD, Bali, 24February 1976 Declaration of ASEAN CONCORD II, Bali, Indonesia, 7 October 2003 Declaration of ASEAN Ministers Responsible for Information, Jakafia, 25 May
1

989

Declaration of Objectives regarding the ASEAN Agricultural Development Planning Centre, Chiang }.4ai,2l February 1980 Declaration of Principles to Strengthening ASEAN Collaboration on Youth, Bangkok,24 June 1983 Declaration of The 5th ASEAN Health Ministers Meeting on Healthy ASEAN 2020, Yogyakarta, Indonesi a, 28-29 April 2000 Declaration of the Advancement of women in the ASEAN Region, Bangkok, Thailand, 5 July 1988 Declaration of the ASEAN Health Ministers on Collaboration on Health, Manila, 24 July 1980 Declaration of the Sixth ASEAN Health Ministers' Meeting on Healthy ASEAN Lifestyles (Vientiane Declaration), Vientiane, Lao PDR l5 March2002

234

Working Group for an ASEAN Human Rights Mechanism

Joint Communiqu6 of the Eighth ASEAN Ministerial Meeting, Kuala Lumpur,

l3-15 May

1975

the Ninth ASEAN Ministerial Meeting, Manila, Philippines , 24-26 June 1976 Joint Communiqud of the Ninth Meeting of the ASEAN Heads of National Tourism Organization, Bandung, Indonesia, 13 January 1991 Joint communiqud of the 1Oth ASEAN Labour Ministers Meeting, Singapore, l617 May 1994 Joint Communiqud of the lOth ASEAN Ministerial Meeting, Singapore, 5-8 July
1977

Joint Communiqu6

of

llth ASEAN Labour Ministers Meeting, Bangkok, Thailand, 25-26 April 1996 Joint communiqu6 of the 1lth ASEAN Ministerial Meeting , pattaya, Thailand, 14-16 June 1978 Joint communiqu6 of the l2th ASEAN Labour Ministers Meeting, Ha Noi, viet Nam,29-30 April 1998 Joint Communiqud of the l2th ASEAN Ministerial Meeting, Bali, Indonesia, 2830 June 1979 Joint communiqu6 of the l3th ASEAN Labour Meeting, yangon, Myanmar, 14l5 May 1999 Joint communiqu6 of the 13th ASEAN Ministerial Meeting, Kuala Lurnpur, Malaysia, 25-26 June I 980
Joint communiqu6 of the

Joint communiqu6

of the

14th

Philippines, ll-12 May 2000 Joint communiqud of the 14th ASEAN Ministerial Meeting, Manila,
1981

ASEAN Labour Ministers Meeting, Manila,

l7-lg

June

Joint communiqu6 of the 15th ASEAN Labour Ministers Meeting, Kuala Lumpur, Malaysia, 10-l l May 2001 Joint communiqud of the l5th ASEAN Ministerial Meeting, Singapore, 14-16 June 1982 Joint communiqud of the 16th ASEAN Ministerial Meeting, Bangkok, Thailand, 24-25 June 1983 Joint communiqud of the 17th ASEAN Ministerial Meeting, Jakarta, g-10 July 1984 Joint communiqu6 of the l8th ASEAN Ministerial Meeting, Kuala I umpur, 9 July 1985 Joint communiqud of the lgth ASEAN Ministerial Meeting, Manila, 23-2g June
1986

Joint communiqu6 of the 20th ASEAN Ministerial Meeting, Singapore, 15-16


June 1987

Joint communiqu6 of the 21't ASEAN Ministerial Meeting, Bangkok, 4-5 July
I 988

Joint communiqu6 of the 22"d ASEAN Ministerial Meeting, Bandar


Begawan, Brunei Darussalam,3-4 July 1989

Seri

236

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

o o o o o o o e r o o o o o o o o o o o r

Joint Communiqu6 of the 23'd ASEAN Ministerial Meeting, Jakarta,24-25 July


1990

Joint Communiqu6 of the 24th ASEAN Ministerial Meeting, Kuala Lumpur,


Malaysia, 19-20 July 1991 Joint Communiqu6 of the 25th ASEAN Ministerial Meeting, Manila, Philippines, 2I-22luly 1992 Joint Communiqud of the 26th ASEAN Ministerial Meeting, Singapore, 23-24 July 1993 Joint Communiqud of the 27th ASEAN Ministerial Meeting, Bangkok, Thaitrand,

22-23luly 1994 Joint Communiqu6

of the 28'h ASEAN Ministerial Meeting, Bandar Seri Begawan, Brunei Darussalam,29-30 July 1995 Joint Communiqud of the 29th ASEAN Ministerial Meeting, Jakarta,Indonesia,
20-21July 1996 Joint Communique of the 30th ASEAN Ministerial Meeting, Subang Jaya, Malaysia, 24-25 July 1997 Joint Communiqu6 of the 3l st ASEAN Ministerial Meeting, Manila, Philippines, 24-25 July 1998 Joint Communique of the 32"d ASEAN Mrnisterial Meeting, Singapore, 23-24 July 1999 Joint Communiqud of the 33rd ASEAN Ministerial Meeting, Bangkok, Thailand,
24-25 July 2000 Joint Communiqu6 of the 34th ASEAN Ministerial Meeting, Hanoi, 23-24 July 2001

Joint Communiqu6 of the 35th ASEAN Ministerial Meeting, Bandar Seri Begawan, 29 -30 luly 2002 Joint Communiqud of the 36th ASEAN Ministerial Meeting, Phnom Penh,
Cambodia, 16-17 June 2003 Joint Communiqud of the Special ASEAN Ministerial Meeting on Terrorism, Kuala Lumpur, 20-21May 2002 Joint Declaration of ASEAN and China on Cooperation in the Field of NonTraditional Security Issues, Sixth ASEAN-China Summit, Phnom Penh, Cambodia, 4 November 2002 Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 3031 May 1991 Joint Declaration of the 1Oth ASEAN-EC Ministerial Meeting, Manila, Philippines, 29 -30 October I 992 Joint Declaration of the I lth ASEAN-EU Ministerial Meeting, Karlsruhe, Germany, 22-23 September 1994 Joint Declaration of the 12th ASEAN-EU Ministerial Meeting, Singapore, 13-14 February 1997 Joint Declaration of the ASEAN-EC Ministerial Meeting, Brussels, Belgium, 21 November 1978

237

Working Group for an ASEAN Human Rights Mechanism

o o o o o o r o r r o o o o o o o o o o

Joint Declaration of the Fourth ASEAN-EC Ministerial Meeting, Bangkok, 25 March 1983 Joint Declaration of the Sixth ASEAN-EC Ministerial Meeting, Jakarta, 20-21 October 1986 Joint Declaration of the Seventh ASEAN-EC Ministerial Meeting, Duesseldorf , 2-3 May 1988 Joint Declaration of the Eight ASEAN-EC Ministerial Meeting, Kuching, Malaysia, 16-17 February 1990 Joint Declaration of the Ninth EC-ASEAN Ministerial Meeting, Luxembourg, 3031May 1991 Joint Declaration of the 1Oth ASEAN-EC Ministers Meeting, Manila, Philippines 29-30 October 1992 Joint Declaration of the Heads of State/Government of ASEAN and the People's Republic of China on Strategic Partnership for Peace and Prosperity, Bali,
Indonesia, 8 October 2003 Joint Declaration the 11th ASEAN-EU Ministerial Meeting, Karlsruhe, Germany, 22-23 September 1994 Joint Ministerial Statement of the 3'd ASEAN Finance Ministers Meeting, Ha Noi, Viet Nam, 20 March 1999 Joint Ministerial Statement of the Special ASEAN Finance Ministers Meeting, Manila, Philippines, 25 November 1999 Joint Statement of ASEAN-EC Ministerial Meeting on Economic Matters, Bangkok, Thailand, 17-18 October 1985 Joint Statement of the ASEAN Foreign Ministers on the Cambodian Problem Issues in Jakarta on23 July 1990 Joint Statement of the Asia-Pacific Economic Cooperation Ministerial Meeting, Singapore, 29-31 July 1990 Joint Statement of the Asia-Pacific Economic Cooperation Ministerial Meeting, Seoul, I2-I4 November 1991 Joint Statement of the Foreign Ministers of the Member States of the European Community and ASEAN, London, T3-14 October 1981 Joint Statement of the Foreign Ministers of the Members States of the European Community and ASEAN, London, 13-14 October 1981 Joint Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the Prime Minister of Japan, Kuala Lumpur, Malaysia, 16 December 1997 Joint Statement of the Meeting of Heads of State/Government of the Member States of ASEAN and the President of the People's Republic of China, Kuala Lumpur, Malaysia, 16 December 1997 Joint Statement of the Special Meeting of the ASEAN Foreign Ministers on the Current Political Development in the Southeast Asia Region, Bangkok, 12 January 1979 Joint Statement on East Asia Cooperation, 3'd ASEAN Informal Summit, Manila, Philippines, 28, November 1999

238

ASEAN and Human Rights: A Compilation of ASEAN Statements on Human Rights

o o o o o o o o o o o o . o o o o o o o

Joint Statement on Political Issues, Kuala Lumpur, Malaysia, 8 March 1980 Joint Statement, Informal Meeting of ASEAN Ministers and Vice-President and Commissioner of the EC Commission, Jakarta,Indonesia, 24-25 September 1974 Kuala Lumpur Agenda on ASEAN Youth Development, Kuala Lumpur, Malaysia, 17 November 1997 Manila Consensus of the First Meeting of the ASEAN Agriculture Ministers, Manila, 29 August 1979 Manila Declaration of 1987, Manila, 15 December 1987 Manila Declaration on Strengthening Participation in Sustainable Youth Employment, Fourth ASEAN Ministerial Meeting on Youth, Manila, Philippines, 3-4 September 2003 Manila Declaration on the ASEAN Environment, Manila, Philippines, 30 April
1981

Memorandum of Understanding between the Association of Southeast Asian Nations and the World Health Organization, 26 February 1997 Memorandum of Understanding Between the Government of the Member Countries of The Association of Southeast Asian Nations and the Government of Australia on the ASEAN-Australia Economic Cooperation Programme (AAECP) Phase III, Bangkok, Thailand,2T July 1994 Memorandum of Understanding Brand-to-Brand Complementation on the Automotive Industry Under the Basic Agreement on ASEAN Industrial Complementation (BAAIC), PaItaya, Thailand, 18 October 1988 Memorandum of Understanding on ASEAN Cooperation and Joint Approaches in Agriculture and Forest Products Promotion Scheme, Langkawi, Malaysia, 25 August 1994 Memorandum of Understanding on ASEAN Sea Turtle Conservation and Protection, Bangkok, Thailand, 12 September 1997 Memorandum of Understanding on Standstill and Rollback on Non-Tariff Barriers among ASEAN Countries, Manila, 15 December 1987 Memorandum of Understanding on the Establishment of the ASEAN Foundation, Kuala Lumpur, Malaysia, 15 Decembet 1997 Ministerial Understanding on ASEAN Cooperation in Food, Agriculture and Forestry, Bandar Seri Begawan, Brunei Darussalam, 28-30 October 1993 Ministerial Understanding on ASEAN Cooperation in Rural Development and Poverty Eradication, Subang Jaya, Malaysia,23 October 1997 Ministerial Understanding on the Development of the ASEAN Highway Network Project, Ha Noi, Viet Nam, 15 September 1999 Protocol for the Accession of the Kingdom of Cambodia to ASEAN Agreements, Ha Noi, Viet Nam, 30 April 1999 Resolution of the Third Meeting of the ASEAN Health Ministers, Pattaya, Thailand, 9 March 1984 Resolution on the ASEAN Plan of Action for Children, Manila, Philippines, 2
December 1993

239

Working Group for an ASEAN Human Rights Mechanism

o o o e
o o . o r o o o o o o

on ASEAN Industrial Joint Ventures, Manila, Philippines, 15 December 1987 Seoul APEC Declaration, Seoul, 12-14 November 1991 Singapore Declaration of 1992, Singapore, 28 January 1992 Singapore Resolution on Environment and Development, Singapore, 18 February r992 Statement by the ASEAN Foreign Ministers on Cambodia, Singapore,24 July r993 Statement by the ASEAN Foreign Ministers on the Election in Cambodia, Singapore, 18-19 May 1993 Statement by the ASEAN Foreign Ministers on the Recent Development in the South China Sea, 18 March 1995 Statement on Peace in Southeast Asia on the Eve of the Third Millennium, Jakarta, Indonesia, I 2 September I 998 Terms of Understanding on the Establishment of the ASEAN Surveillance Process, Washington DC, USA,4 October 1998 The ASEAN Declaration (Bangkok Declaration), Bangkok, 8 August 1967 The ASEAN Foreign Ministers Meeting to Assess the Agreement on Ending the War and Restoring Peace in Vietnam and to Consider its Implications for Southeast Asia, Kuala Lumpur, 15 February 1973 The Kuala Lumpur Accord on Environment and Development issued by The ASEAN Ministers for the Environment at the Fourth ASEAN Meeting of Ministers for the Environment, Kuala Lumpur, Malaysia, 19 June 1990 Treaty of Amity and Cooperation in Southeast Asia, Bali,24 February 1976 Yangon 2000 Declaration on Preparing ASEAN Youth for the Challenges of Globalisation, Yangon, November 2, 2000 Zone of Peace Freedom and Neutrality Declaration (Kuala Lumpur Declaration), Kuala Lumpur, 27 November I97l
Revised Basic Agreement

240

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L-.LAN Hua.

The \Yorking Group for an ASEAN Human Rights Mechanism (Working Group) is an informal coalition of individuals and groups within the region who are working with Sovernment institutions and NGOs in the field of human rights. Its primary objective is the establishment of an intergovernmental human rights mechanism in Southeast Asia.

It is organized into national working

groups in ASEAN states which are composed of representatives of government institutions, parliamentary human rights committees. the academe, and NGOs. The Working Group follows a step-by-step, constructive and consultative approach involving governments, parliamentary committees, academe and NGOs. In proposing a mechanism, the Working Group is open to several options. The mechanism may include a declaration of principles, a commission and/or a court. The commission could have monitoring, promotional and/or recommendatory functions, or it may receive complaints from states and./or individuals. It may cover all rights, or initially, be issuespecific, like focusing only on the rights of women and children or other vulnerable groups. The court, on the other hand, could render binding decisions. Another option is having human rights commissions in all ASEAN countries. Concerted programs among them could constitute a mechanism.

Although various options have been identified, the Working Group strongly recommends the establishment of a regional human rights commission. In July 2000, a DraftAgreement for the Establishment of the ASEAN Human Rights Commission was submitted by the Working Group to ASEAN officials as a working document to begin the process of consultation and dialogue.
Since 1996, the Working Group has been meeting with ASEAN ministers / senior officials, and with civil society groups throughout the region. lt has organized conferences on human rights issues of common concern. At the state level, parallel activities are being undertaken by national working groups.

Secretariat Working Group for an ASEAN Human Rights Mechanism G/F Human Rights Center School of Law, Ateneo de Manila University 20 Rockwell Drive, Rockwell Centre Makati Ciry 1200 Philippines Phone (632) 899 169l to 96 locals 2lll or 2ll2 (632) 899 3633 Fax (632) 899 4342
wgroup @ aps. ateneo.edu www.aseanhrmech.org

Working Group for an ASEAN Human Rights Mechanism


Ateneo Human Rights Center, Ground Floor, School of Law, Ateneo de Manila University 20 Rockwell Drive, Rockwell Center, Makati City 1200 Philippines Phone (632) 899 7691 to 96 locals 2111 or 2112; (632) 899 3633 Fax: (632) 899 4342 Email: wgroup @ aps.ateneo.edu
www.aseanhrmech.org

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