Peace and Conflict Management in ASEAN…..an introduction Prof. Vitit Muntarbhorn Law Faculty, Chulalongkorn University, Bangkok

Context Importance of ASEAN: “accommodation” UN umbrella, UN Charter ASEAN’s link with others, particularly through the ASEAN Regional Forum National, bilateral, regional, multilateral relationships “No regional organization is an island”

ASEAN Declaration 1967- Bangkok 7 aims Accelerate economic growth, social progress 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 UN Charter

Promote active collaboration and mutual assistance in econ, social, cultural, technical, scientific and administrative fields To provide assistance…in the form of training and research To collaborate for greater utilization of their agriculture and industries, expansion of trade…raising of the living standards of their peoples

To promote Southeast Asian studies To maintain close cooperation with international and regional organizations

ZOPFAN 1971 Southeast Asia as a Zone of Peace, Freedom and Neutrality, free from any form or manner of interference by outside powers

TAC 1976 7 key principles Mutual respect for the independence, sovereignty, territorial integrity and national identity of all nations Right of every State to lead to its national existence free from external interference, subversion or coercion

Non-interference in the internal affairs of one another Settlement of differences or disputes by peaceful means Renunciation of the threat or use of force Effective cooperation among themselves

Dispute settlement TAC High Council – representative from ministerial level from each party “to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony” Good offices, mediation, inquiry, conciliation Need agreement of all parties to dispute Article 33 UN Charter respected

Subsequent adjustments/Protocols – TAC open to other States, and now international organisations In case of dispute involving ASEAN states (and not members from beyond ASEAN), members from beyond ASEAN can be observers but not make statements Not used yet

SEANWFEZ 1995 Art 1: (a) Zone= territories of all States in SE Asia….and their respective continental shelves and Exclusive Economic Zones (b) territory = land territory, internal waters, territorial sea, archipelagic waters. Seabed and subsoil, airspace above them

(c) nuclear weapon = explosive device capable of releasing nuclear energy in an uncontrolled manner but does not include the means of transport or delivery of such device if separable from and not an invisible part thereof

Art 2: 1. The Treaty and its Protocol shall apply to the territories, continental shelves, and EEZ of the States Parties… 2. Nothing in this Treaty shall prejudice the rights or the exercise of these rights by any State under the provisions of the UN Convention on the Law of the Sea 1982, in particular with regard to freedom of the high seas, rights of innocent, archipelagic sea lanes passage or transit ships and aircraft, and consistent with the UNC

Art 3: undertake not to (anywhere inside or outside the Zone), and to not allow any other State to: - develop, manufacture or otherwise acquire, possess or have control over nuclear weapons; Station Test or use

Protocol 1995: open to 5 nuclear powers to sign (China, France, Russia, UK, US) Article 1: Each State Party undertakes to respect the Treaty (SEANWEZ)…..and not to contribute to any act which constitutes a violation of the Treaty or its Protocol by the States Parties

Art.2: Each State Party undertakes not to use or threat 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 SEANWFEZ…

ASEAN Declaration on the South China Sea 1992 1.resolve all sovereignty and jurisdictional issues pertaining to the South China Sea by peaceful means, without, without resort to force… 2.exercise restraint with the view to creating a positive climate for the eventual resolution of all disputes 4. apply TAC

2002 Declaration on the Conduct of Parties in the South China Sea ASEAN and China Art.1: The Parties reaffirm their commitment to the purposes and principles of the UNC, 1982 UN Convention, TAC, the Five Principles of Peaceful Coexistence, and other universally recognised principles of international law….

Art.4: 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 recognised principles of international law, including the 1982 UN Convention on the Law of the Sea

Pending dispute settlement: Hold dialogues Humane treatment of persons in distress Notify, on a voluntary basis, other Parties concerning of any impending joint/combined military exercise Exchange, on voluntary basis, relevant information

2004 ASEAN Protocol on Enhanced Dispute Settlement Economic dispute between States (under ASEAN economic agreements) Consultations, good offices, conciliation, mediation Where fail: complaining party can ask Senior Economic Officials Meeting (SEOM) to establish panel (3 members)

Panel findings/recommendations within 60 days SEOM adopt panel report within 30 days Party can appeal (in which case the report is deemed not to be adopted till appeal is completed) Appellate body to be established by ASEAN Economic Ministers: 3 members per case

Should not exceed 60 days for appeal to conclude Need for parties to comply with the finding/decision if fail to comply, sanctions possible e.g. compensation, suspension of concessions SEOM monitors and authorises sanctions

If party objects to suspension, matter can be referred to arbitration; arbitrator drawn from original panel or appointed by Secretary General of ASEAN Panel decision/Appeal: not need consensus

ASEAN Charter: Articles 24-7 24:1. Disputes relating to specific ASEAN instruments shall be settled through the mechanisms and procedures provided for in such instruments. 2.Disputes which do not concern the interpretation or application of any ASEAN instrument shall be resolved peacefully in accordance with the TAC and its rules of procedure

3. Where not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism

Art.25 Mechanisms Where not otherwise specifically provided, appropriate dispute settlement mechanisms, including arbitration, shall be established for disputes which concern the interpretation or application of this Charter and other ASEAN instruments

Art.26-27 Unresolved disputes go to ASEAN Summit Secretary-General as monitor of compliance

ASEAN Charter: 2010 Protocol on Dispute Settlement Mechanisms Between States: apply re interpretation of ASEAN Charter and other ASEAN instruments unless specific means of dispute settlement are provided for Consultation, good offices, mediation, conciliation Good offices by Chairman of ASEAN or Secretary General

Art.8: request for arbitration Where not agree on arbitral tribunal, refer to ASEAN Coordinating Council Where fail again, refer to ASEAN Summit

- Art.10 ff: arbitration from mutual consent of the Parties to the dispute or a direction of the ASEAN Coordinating Council Award of arbitral tribunal final and binding.

Rules of arbitration: 3 arbitrators Each party to dispute appoints one arbitrator: then agree on third: where fail to agree on third, request Chair of ASEAN Coordinating Council to appoint Proceedings completed in six months

Decision by majority vote Award implementation monitored by ASEAN Coordinating Council

Peacekeeping UN development PK= interposition forces to keep the peace: self defence unless UN Security Council authorises other powers. Some ASEAN countries (but not ASEAN as a whole) involved with PK , e.g. Timor, Darfur

Now to network more and institutional linkage Per ASEAN Security Community Blueprint Network of ASEAN PK centres Also in ASEAN Defence Ministers’s 3 year work programme 2011-13 No ASEAN PK force

Humanitarian Assistance: disaster management Security blueprint and Socio-cultural blueprint Maximise cooperation, Minimise loss Possible use of military assets ASEAN regional programme on disaster management ASEAN coordinating centre for humanitarian assistance on disaster management being established

Nargis operation/Myanmar

2005 ASEAN Agreement on disaster management and emergency response Promote cooperation, respect sovereignty

Disaster risk identification, assessment and monitoring Disaster prevention and mitigation: e.g. legislation, plans; Strengthen local, national capability educate Use indigenous knowledge and practices

Disaster preparedness Early warning Standby arrangements for disaster relief and emergency response Now Standard Operating Procedures for Regional Standby Arrangements and Coordination of Joint Disaster Relief and Emergency Response Operations 2009

Standby Operating Procedures Disaster preparedness: national focal point Assessment and monitoring: notification of disasters Emergency response e.g. request for assistance and offer Facilitation of utilisation of military assets and capacity

Periodic conduct of ASEAN simulation exercises Parties, on a voluntary basis, shall earmark and identify assets and capacities for disaster relief and emergency response

Steps ahead Prevention Promotion Protection Provision Participation…………….. THANK YOU!