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ASEAN's Initiatives in Securing the Ocean
Wilfrido V. Villacorta
ASEAN Deputy Secretary-General
 
Summary
 The prosperity of member countries of the Association of Southeast Asian Nations (ASEAN) and the livelihood of its more than 500 million people depend heavily on, and is closely integrated with, the seas of Southeast Asia. Straddling the Pacific and Indian Oceans, the ASEAN seas are blessed with the world's richest marine and coastal resources. Except for land-locked Lao PDR, all the other countries have long coastlines which stretch more that 170,000 km. The waters of ASEAN produce about 15% of the world's marine fisheries, supports 35% of the world's mangrove forests, and 35% of the world's coral reefs. The waters of ASEAN also support key economic activ ities such as oil and gas, and are crucial gateways for sea transport. Therefore, ASEAN has long recognized the importance of maintaining the peace and security of its oceans and ensuring the vitality of the marine living resources and ecosystems through environmental protection.
 
 Some of the major initiatives of ASEAN in maintaining peace and security and promoting environmental protection of its waters are the Treaty on the Southeast Asia Nuclear Weapon-Free Zone, in which ASEAN member countries commit themselves not to dump at sea or discharge into the atmosphere anywhere within the Zone any radioactive material of wastes; the Declaration on the Conduct of Parties in the South China Sea concluded with China; ASEAN Vision 2020, which envisions, among others, "a clean and green ASEAN with fully established mechanisms for sustainable development to ensure the protection of the region's environment, the sustainability of its natural resources, and the high quality of life of its peoples" by the year 2020; and the adoption of the Marine Water Quality Criteria for the ASEAN Region, the ASEAN Criteria for National Marine Protected Areas and the ASEAN Criteria for Marine Heritage Areas.
 
ASEAN's Initiatives in Securing the Ocean
Wilfrido V. Villacorta
ASEAN Deputy Secretary-General
 
I. Introduction
 The prosperity of ASEAN member countries and the livelihood of its more than 500 million people depend heavily on, and is closely integrated with the seas of ASEAN. Straddling the Pacific and Indian Oceans, the ASEAN seas are blessed with the world's richest marine and coastal resources. Except for land-locked Lao PDR, all the other countries have long coastlines which stretch more that 170,000 km. The waters of ASEAN produce about 15% of the world's marine fisheries, supports 35% of the world's mangrove forests, and 35% of the world's coral reefs. The waters of ASEAN also support key economic activities such as oil and gas, and are crucial gateways for sea transport. Therefore ASEAN has long recognized the importance of maintaining the peace and security of its oceans and ensuring the vitality of the marine living resources and ecosystems through environmental protection.
 
 This paper will highlight some of the major initiatives undertaken by ASEAN in maintaining the peace, and promoting environmental protection of its waters.
 
II. Promoting Peace and Security of ASEAN's waters
 ASEAN has recognized that terrorism and transnational crime increasingly poses a grave threat to the peace and security of the oceans. ASEAN has actively promoted cooperation in combating terrorism and transnational crime through its own political and institutional mechanisms, and in collaboration with other countries and regional and international mechanisms. Some of the notable initiatives are:
 
1. ASEAN Regional Forum (ARF)
 
 The Second ASEAN Regional Forum (ARF) Inter-Sessional Meeting on Counter-terrorism and Transnational Crime (ISM CT -TC) held in Manila, 30-31 March 2004 considered sea transport infrastructure and services as probably among the most vulnerable targets for terrorist attacks under current circumstances. Attacks on ships and seaports could cause enormous damage in terms of human lives and property. The possibility that terrorists might shift their attacks from land to sea is a concern that should be addressed by the international community in a concerted manner. The Meeting expressed its full support to ARF efforts on maritime security.
 
 At the domestic level, the meeting participants presented various measures adopted by their countries. These measures include the establishment of coordinating agencies looking into maritime security, enhancement of sea communications systems and port facilities, and the conduct of highly specialized training programs. New laws have also been put in place by their countries to regulate security matters on all types of transport.
 
 Recognizing the importance of intensifying bilateral, regional and international cooperation in maritime security, some countries are initiating agreements in critical areas, such as customs cooperation and the conduct of border patrols. Some participants called for enhanced international cooperation in maritime security similar to arrangements in the air transport services sector.
 
 The participants raised the need to give serious attention to combat piracy and armed robbery at sea and develop a multilateral framework for achieving cooperation in the region.
 
 The ASEAN Regional Forum also issued a Statement on Strengthening Transport Security Against International Terrorism in Jakarta on 2 July 2004, which call for the following:
 
(i) Fully and effectively implement their obligations under the International Maritime Organization (IMO) International Ship and Port Security (ISPS) Code by the agreed date of 1 July 2004.
 
(ii) Hold appropriate simulation and joint exercises, with a view to enhancing institutional capacity building of coastal states, especially with regard to piracy and maritime and aerial terrorism, to ensure effective modal coordination of maritime and aviation security and safety measures.
 
(iii) Promote cooperation between research institutions to examine terrorism against the transport network, carry out joint research, exchange expertise and recommend methodologies, technologies, and best practices for combating such treats through meetings, seminars and conferences or through exchange of legislative and other legal regulations, and scientific research results.
 
(iv) Assist in providing appropriate training and equipment to respective transport security services.
 
(v) Continue to develop and harmonize measures aimed at enhancing necessary security regimes for container shipping, while taking into account national legal systems and the need to avoid unnecessary increase in costs and disruption to trade.
 
(vi) Continue to develop concerted efforts to fight piracy and other border crimes, such as smuggling of illicit containers, under the aegis of IMO and respective national and regional frameworks, in particular, those relating to enhanced export control measures.
 
 The ARF Statement on Cooperation Against Piracy and Other Threats to Maritime Security issued in Phnom Penh on 18 June 2003 called on the participants of ARF to achieve effective implementation of the relevant international instruments and recommendations/guidelines for the suppression of piracy and armed-robbery against ships, including the United Nations Convention on the Law of the Sea, the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 and its Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf; and the International Maritime Organization's recommendations and guidelines for preventing and suppressing piracy and armed-robbery against ships at sea; the International Convention for the Safety of Life at Sea, 1974 particularly the new Chapter XI-2 and the International Ship and Port Facilities Security (ISPS Code); and to enhance their coordination and cooperation to that end. The members of ARF express their commitment to become parties to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 and its Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelves as soon as possible, if they have not yet done so.
 
2. ASEAN Maritime Transport Cooperation
 
ASEAN Plan of Action to Combat Transnational Crime
 
 On the sea piracy component, ASEAN Member Countries, except Laos, would compile all their national laws and regulations on piracy and armed robbery at sea and maintain a directory of Focal Points for purposes of information exchange. Moreover, under the Plan, ASEAN would work with INTERPOL and other think-tanks in the region to undertake studies to determine trends and modus operandi of piracy in Southeast Asian waters; consider the development of multilateral or bilateral legal arrangements to combat sea piracy; and identify and match relevant programmes for anti-piracy coordinated patrols. Progress on these commitments is being reviewed and monitored by the ASEAN Senior Officials Meeting on Transnational Crime.
 
ASEAN Maritime Transport Working Group (MTWG)
 
 The 8th Meeting of the ASEAN Maritime Transport Working Group (MTWG), a body under the ASEAN Senior Transport Officials Meeting (ASEAN-STOM) reviewed the ASEAN Plan of Action on Maritime Transport 1999-2004 and discussed the draft ASEAN Transport Action Plan 2005-2010. One important thrust for ASEAN transport cooperation in the next six years is the improvement of maritime safety and security and protection of the marine environment by enhancing cooperation amongst ASEAN Member Countries to facilitate the acceptance and implementation of IMO Conventions. The MTWG agreed to invite IMO as an observer in its meetings on a regular basis.
 
 Under the auspices of the MTWG, IMO provided technical assistance to ASEAN on a project on Drafting and Updating of Maritime Legislation to Support the Adoption and Accession by ASEAN Member Countries to IMO Conventions. As a result, an ASEAN Forum on IMO Conventions has been established. In its meeting in Singapore on 26-27 April 2004, each Member Country, except Lao PDR which is a landlocked country, presented a synopsis of the position on implementation of the ISPS Code and of the position that they expect to achieve by the entry into force date of 1 July 2004. ASEAN will soon implement four follow-up projects with IMO. These are as follows: (a) Development of Guidelines for Maritime Administrations Seeking to Achieve Quality Accreditation for their Operations; (b) Workshop on the ISPS Code Implementation; (c) Training Course for Administrative and Legal Staff of Maritime Administrations; (d) Regional Workshop on International Convention on Oil Pollution Preparedness, Response and Cooperation and its Protocol on Hazardous and Noxious Substances; and (e) Development of Guidelines for Maritime Administrations Seeking to Implement Audit-based Systems and Procedures to Enhance Ship Survey Operations.
 
Maritime Transport Industry
 
 The 24th Working Committee Meeting of the ASEAN Port Association held on 25-27 September 2003 in Bali, Indonesia discussed the various stages of preparations to meet the 1 July 2004 deadline of ISPS mandatory implementation. APA held a series of workshops/seminars and conferences on maritime security to familiarize port officials and personnel on Port Facility Security Survey and in the formulation of a Port Security Plan.
 
 The Federation of ASEAN Shipowners' Association (FASA), at its 29th Annual General Meeting in Manila on 3 December 2003, discussed piracy and armed robbery, maritime security, places of refuge, ratification and implementation of IMO Conventions, ASEAN Shipping Directory and Asian Shipowners Forum. FASA called for increased surveillance by marine police and naval patrols in cooperative arrangements among the ASEAN countries, particularly the littoral states of bounding the Malacca and Singapore Straits. FASA had also written ASEAN governments, expressing serious concern and urging strong action in combating piracy.
 
3. Cooperation with ASEAN Dialogue Partners
 
China - Under a proposed MoU on Transport Cooperation, ASEAN-China will strengthen policy and information exchange and implement joint projects and activities in Maritime Safety in the context of relevant IMO conventions.
 
European Union - The EU-ASEAN Experts' Meeting on Maritime Security held in Manila on 25-26 February 2002 discussed the legal aspects and resource constraints. Given the complexity of the maritime security matter, participants of the Seminar emphasized the need to consistently apply the legal definitions and to improve the reporting procedures. There is the problem of lack of precision in the implementation of legal definitions once they are transformed into national laws. Financial constraints in institutional, operational and personnel development had hindered efforts to counter transnational crime.
 
Japan - ASEAN promotes several cooperative activities with Japan. Under the Maritime Transport Security Programme, the ASEAN-Japan Seminar on Maritime Security and Combating Piracy held in Tokyo, on 16-17 December 2003 agreed to promote cooperation for the training of security officers in order to secure compliance of ASEAN Member Countries and Japan with the amended SOLAS and ISPS Code. An Expert Group will continue consultations on possible cooperation for the trainer's training and will hold a seminar for exchange of experiences on amended SOLAS/ISPS Code implementation and information on maritime security policy.
 
United States - The ASEAN-US Workshop on Enhancing Maritime Anti-piracy and Counter-terrorism Cooperation in the ASEAN Region held in Manila on 1 April 2004 focused on the need for cooperation in the implementation of UN Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf. It was agreed that cooperation in these areas should be carried out under the ASEAN-US Counter Terrorism Work Plan adopted in June 2003. The U.S. presented its activities to promote regional maritime security cooperation, including those undertaken by the U.S. Pacific Command.
 
4. Declaration on the Conduct of Parties in the South China Sea
 
 Recognizing the need to promote a peaceful, friendly and harmonious environment in the South China Sea for the enhancement of peace, stability, economic growth and prosperity in the region, the member countries of ASEAN and the People's Republic of China adopted the Declaration on the Conduct of Parties in the South China Sea on 4th November, 2002 in Phnom Penh, Cambodia. Among others, the Parties agreed to:
 
(i) reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea;
 
(ii) undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force;
 
(iii) undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability;
 
(iv) explore or undertake cooperative activities in the following areas:
 
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at sea;
d. search and rescue operation; and
e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.
 
III. Protecting the Marine Environment
 ASEAN Vision 2020 envisions, among others, "a clean and green ASEAN with fully established mechanisms for sustainable development to ensure the protection of the region's environment, the sustainability of its natural resources, and the high quality of life of its peoples" by the year 2020. In this respect, the protection of the marine and coastal environment is an important aspect of attaining this Vision.
 
 The coastal and marine environment of ASEAN contains vast areas of mangroves, coral reefs and sea grasses, which are hatching grounds and nurseries for many species of marine organisms. These habitats provide, among others, food, employment and economic welfare to people and serve as coastal barriers and pollution filters. Mangroves, sea grasses and coral reefs are now threatened by pollution, exploitation and over-development of coastal areas in the region. Coastal and marine pollution caused by land and sea-based activities is also a significant issue in ASEAN. The challenge facing ASEAN is to maintain an optimal balance between development and conservation of natural resources in the region for present and future generations.
 
 As an intergovernmental organization, the role of ASEAN regional cooperation is to formulate the policy framework, and provide the political and institutional support for the various stakeholders involved in marine and coastal environmental protection. In the respect, ASEAN has emphasized the following two key aspects:
 
(i) development of a regional framework and improvement of regional coordination for the integrated protection and management of marine and coastal zones
(ii) development of a Regional Action Plan for the protection of the marine environment from land-based and sea-based activities
 
 In line with its mandate as the regional intergovernmental organization, ASEAN has in place the institutional framework and policy framework to promote regional coordination for the integrated protection and management of coastal zones and marine waters. The ASEAN Working Group on Coastal and Marine Environment (AWGCME) oversees the technical and implementation issues, while the ASEAN Environment Ministers and the ASEAN Senior Officials on the Environment provide policy and strategic guidance for its work. The AWGCME is composed of national focal points who are in charge of, or responsible for national coordination of coastal and marine issues. Currently work is focused in the following priority areas: coral reef, sea grass and mangroves; tanker sludge and ballast water; solid, liquid and hazardous waste management; coastal erosion; ecotourism; coastal wetlands, including protected marine areas; and clean technology. Focal points have been established in each of these areas to promote implementation at the national level and facilitate exchange of information.
 
 The ASEAN Ministers responsible for environment have adopted the following criteria:
 
・The Marine Water Quality Criteria for the ASEAN Region
・The ASEAN Criteria for National Marine Protected Areas
・The ASEAN Criteria for Marine Heritage Areas.
 
 The Marine Water Quality Criteria sets values for an initial set of 17 parameters for the protection of aquatic life and human health, while the Criteria for National Marine Protected Areas and ASEAN Marine Heritage Areas contain criteria for designation and management of existing and new protected areas.
 
 The implementation of the regional marine environmental quality criteria will help protect the region's marine ecosystems (coral reefs and mangroves), biodiversity and fisheries (which includes human health through consumption of seafood); sustain mariculture (seaweeds, fish, shellfish); promote tourism (swimming, diving, general aesthetics); and regulate industrial practices (mining, cooling water abstraction, wastewater discharge).
 
 The adopted Criteria will be incorporated and/or form the basis for the development of national marine environmental quality standards by the relevant authorities of the ASEAN countries for the management of the marine environment and, in particular, the control of marine pollution. These Criteria would ensure concerted national level action to protect the shared marine waters of ASEAN.
 
 The Environment Ministers of ASEAN have also adopted the ASEAN Declaration on Heritage Parks, which promotes the listing and proper management of national protected areas as ASEAN Heritage Parks. The Declaration aims to create a network of unique and ecological representative protected areas covering both terrestrial and marine ecosystems to conserve the rich biodiversity of ASEAN. The Declaration aims to promote regional cooperation to conserve and manage ASEAN Heritage Parks for the development and implementation of a regional conservation and management action plan as well as regional mechanisms complementary to and supportive of national efforts to implement conservation measures. The Declaration will also support the call by the World Summit on Sustainable Development to significantly reduce the rate of biodiversity loss by the year 2010, and the work programme of the Convention on Biological Diversity to establish by 2012 of comprehensive, effectively managed, and ecologically representative national and regional systems of marine protected areas.
 
 ASEAN recognizes the numerous activities undertaken by various organizations in the region and promotes collaboration with these organizations to ensure coordinated approach for implementation and capacity building. In line with its mandate, ASEAN is well placed to facilitate and provide the forum for developing and implementing regional activities, and more importantly to ensure ownership and sustainability of these activities through the regional and national governmental institutions.
 
IV. Conclusion
 The Conference's objective to address the issues of ocean peace, environmental protection and sustainable resources management in an integrated and cross-sectoral manner is both pertinent and crucial to ensuring prosperity of the nations that depend on them. ASEAN's efforts as outlined above signify this approach, particularly in marshalling political support and building trust and confidence in managing the oceans. Marine environmental protection and sustainable resource management is also being undertaken in an integrated manner with the cooperation of the littoral states, through regional coordination and the development of regional action plans to ensure optimal benefit and protection of the shared waters. It is hoped that these initiatives and proposals will find further support among the Conference participants through development and implementation of specific programs and activities to implement these initiatives of ASEAN.


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