COMBATING TRANSNATIONAL CRIME IN ASEAN

S Pushpanathan,

Assistant Director,

ASEAN Secretariat

Introduction

The Association of Southeast Asian Nations (ASEAN) has been fostering co-operation of combat transnational crime for more than two decades. ASEAN was initially concerned with the abuse of narcotics and trafficking in illegal drugs. However, with the expansion and diversification of transnational crime to include terrorism, arms smuggling, money laundering, illegal migration, and piracy, and the highly organised nature of such crimes, ASEAN has intensified its efforts to fight these crimes.

ASEAN Decisions on Combating Transnational Crime

ASEAN resolve to fight transnational crime can be traced to the Declaration of ASEAN Concord of 24 February 1976. The declaration signed by the Heads of Government/State of the founding member coteries of ASEAN, called for the intensification of co-operation among member countries and with relevant international bodies to prevent and eradicate narcotics abuse and the illegal trafficking of drugs. It also called for the study on developing judicial co-operation including the possibility of an ASEAN extradition treaty.

With transnational crime expanding In scope and becoming more organised, the ASEAN Heads of Government/State have stressed the need for comprehensive and co-ordinated approaches to tackle the crime at the regional level. At the 1st Informal ASEAN Summit in November 1996 in Jakarta, they called upon the relevant ASEAN bodies to study the possibility of regional co-operation on criminal matters, including extradition. They resolved to take firm and stern measures to combat transnational crimes such as drug trafficking, trafficking in women and children as well as other transnational crime at their 2nd Informal ASEAN Summit in December 1997 in Kuala Lumpur. They also adopted the ASEAN Vision 2020 document, which sets out a broad vision for ASEAN in the year 2020. Among the goals forecasted was the creation of a drug-free Southeast Asia and a region of agreed rules of behaviour and co-operative measures to deal with problems that can only be met on a regional scale including transnational crime.

At the 6th ASEAN Summit in December 1998 in Hanoi, the ASEAN Heads of State/Government reiterated their calls for strengthening and promoting regional linkages among ASEAN institutional mechanisms in fighting drug abuse and trafficking, and in intensifying individual and collective efforts to address transnational crime. They adopted the Hanoi Plan of Action (HPA), the first in a series of action plans to realise the ASEAN Vision 2020 which, among others, called for a strengthened regional capacity to address transnational crime.

The ASEAN Foreign Ministers also acknowledge the need for closer co-operation and co-ordinated actions among ASEAN member countries to fight transnational crime. At the 29th ASEAN Ministerial Meeting (AMM) in July 1996 in Jakarta, the Foreign Ministers shared the view that the management of transnational crime was urgent so that ~ would not affect the long-term viability of ASEAN and the individual member nations. At the 30th AMM in July I 997 in Subang Jaya, Malaysia they stressed the need for sustained co-operation in addressing transnational concerns including the fight against transnational crime. The ASEAN Foreign Ministers, at the 31$t ASEAN Ministerial Meeting in July 1998 in Manila, reiterated the need for enhancing regional efforts against transnational crime. They signed the Joint Declaration for a Drug-Free ASEAN affirming ASEAN'S commitment to eradicate the production, processing, traffic and use of illicit drugs in Southeast Asia by the year 2020. At the 32nd AMM in Singapore in July 1 999, the Foreign Ministers stressed the urgent need to strengthen ASEAN'S regional capacity to combat transnational crime and to implement drug control programs with the assistance of the international community.

ASEAN Bodies Combating Transnational Crime

A number of ASEAN bodies are involved, directly or indirectly, in formulating policies and initiating activities against transnational crime. These include the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), ASEAN Finance Ministers Meeting (AFMM). ASEAN Chiefs of National Police (ASEANAPOL) and ASEAN Senior Officials on Drugs Matters (ASOD):

A. ASEAN Ministerial Meeting on Transnational Crime

The ASEAN Ministers of Interior/Home Affairs at their Inaugural meeting on 20 December 1997 adopted the ASEAN Declaration on Transnational Crime, which underscored ASEAN'S resolve to adopt a comprehensive approach to fight transnational crime through greater regional collaboration and by forging international co-operation.

The 2nd AMMTC in June 1999 adopted the ASEAN Plan of Action to Combat Transnational Crime. The Plan established mechanisms and activities to extend ASEAN member countries' efforts to combat transnational crime from the national and bilateral levels to the regional dimension, and strengthen regional commitment and capacity to undertake the expanded task. The Plan will put in place a cohesive regional strategy to fight transnational crime and will encompass information exchange, co-operation in legal and law enforcement matters, institutional capacity building, training and extra-regional co-operation as key programme activities.

The Plan called for closer co-operation and co-ordination between the AMMTC and other ASEAN bodies such as the ASEAN Law Ministers and Attorneys-General, the ASEAN Chief of National Police, the ASEAN Finance Ministers, the Directors-General of Immigration and the Directors-General of Customs in the investigations, prosecution and rehabilitation of perpetrators of such crimes. On legal matters, the Plan of Action included the following:

a. Work on the criminalisation In ASEAN member Countries of specific transnational crimes such as illicit drug trafficking, money laundering, terrorism, piracy, arms smuggling and trafficking in persons;

b. Develop multilateral or bilateral legal arrangements to facilitate apprehension, investigation, prosecution and extradition, exchange of witness, sharing of evidence, inquiry, seizure and forfeiture of the proceeds of the crime in order to enhance mutual legal and administrative assistance among ASEAN member countries;

c. Co-ordinate with the ASEAN Senior Law Officials' Meeting on the implementation of the ASEAN Legal Information Network System.

On law enforcement, the Plan of Action, among others, outlined the following:

a. Develop an exchange programme for ASEAN officials in the policy, legal, law enforcement and academic fields;

b. Implement measures to ensure the protection of judges, prosecutors, witnesses and law enforcement officials and personnel from retaliation by transnational criminal organisations.

On extra-regional co-operation, the plan included the following:

a. Enhance Information exchange with ASEAN Dialogue Partners*1, regional organisations, relevant specialised agencies of the United Nations and other international organisations, particularly towards the sharing of critical information on the identities, movements and activities of known transnational criminal organisations;

b. Promote interest and support of the international community for ASEAN initiatives against transnational crime through the participation of the ASEAN Member Countries and the ASEAN Secretariat in relevant international conferences.

An ad-hoc working group meeting would be convened to develop and finalise a work programme to implement the Plan. The ASEAN Secretariat is seeking the technical assistance from the dialogue partners, relevant international and regional organisations and non-governmental organisations to develop the work programme.

The establishment of the ASEAN Centre for Combating Transnational Crime (ACTC) has also been agreed, in principle by the 2nd AMMTC. A Special Working Group on the Establishment of the ACTC was held in Quezon City. Philippines on 7 August to prepare a full report on the operationalisation of the ACTC. The Working Group has finalised the arrangements for the establishment of the ACTC and recommended a draft agreement on the establishment of the Centre for the consideration and approval of the AMMTC.

The ACTC is another regional initiative of ASEAN against transnational crime which Is envisioned to promote data resource sharing, assist in the implementation of programme activities outlined in the proposed action plan, and be a repository of information on national legislation, regulatory measures and jurisprudence of individual member countries. It is also envisaged that the ACTC will have research capabilities to conduct in-depth analysis of transnational crime activities to recommend appropriate regional strategies to fight these felonious activities. With the establishment of the Centre, ASEAN efforts in combating transnational crime will be further intensified.

B. ASEAN Finance Ministers Meeting

At their first meeting, on I March 1997 in Thailand, the ASEAN Finance Ministers signed the ASEAN Agreement on Customs. The agreement, which apart from enhancing ASEAN co-operation in customs activities and expediting the early realisation of AFTA, aims to strengthen co-operation in combating trafficking in narcotics and psychotropic substances, and will facilitate joint efforts in anti-smuggling and customs control.

C. ASEAN Chiefs of National Police

The ASEAN Chiefs of National Police (ASEANAPOL) deals with the preventive, enforcement and operational aspects of co-operation against transnational crime. ASEANAPOL has been actively involved in sharing of knowledge and expertise on policing, enforcement, law, criminal justice, and transnational and international crimes. It has established three ad-hoc commissions dealing with drug trafficking, arms smuggling, counterfeiting, economic and financial crimes, credit card fraud, extradition and arrangements for handing over of criminal offenders and fugitives. It has taken initiatives to combat new forms of transnational crime, such as fraudulent travel documents, phantom ship frauds, product counterfeiting and piracy. ASEANAPOL has also established its own database system to enable member countries to exchange information in a rapid, reliable and secure manner and to provide further means of accessing the computerised systems at the INTERPOL General Secretariat.

D. ASEAN Senior Officials on Drugs Matters

ASOD was officially established in 1 984 and initiatives on drugs are based on the ASEAN Plan of Action on Drug Abuse Control that was adopted at the 1 7th ASOD Meeting in October 1 994. The Action Plan covers four priority areas: preventive drug education, treatment and rehabilitation, enforcement, and research.

In preventive education and information, various workshops on drug education for teachers and curriculum designers and comparative researches on preventive education have been conducted. Coeoperative activities in law enforcement include the exchange of law enforcement officers/personnel, the conduct of training programs with the assistance of international agencies and the sharing of information concerning trends, modus operandi and routes of narcotics trafficking. ASEAN members have conducted regular exchanges of personnel involved in treatment and rehabilitation at the operational level.

These programmes were complemented by the efforts of the four training centres based in ASEAN member countries. These are the ASEAN Training Centre for Narcotics Law Enforcement (Bangkok), the ASEAN Training Centre for Preventive Drug Education (Manila), the ASEAN Training Centre for Treatment and Rehabilitation (Kuala Lumpur), and the ASEAN Training Centre for the Detection of Drugs in Body Fluids (Singapore).

Extra-regional Co-operation

Recognising that national and regional efforts alone will not suffice in effectively dealing with transnational crime, the AMMTC has agreed to explore ways of developing closer co-operation with the dialogue partners, regional organisations and international organisations, including the United Nations and its specialised agencies, Colombo Plan Bureau and the ICPO-INTERPOL. In an effort to promote greater co-operation, informal consultations between the senior officials and the interested parties have also been encouraged. Both the AMMTC and the AMM have called upon the dialogue partners to provide assistance in developing the work programme to implement the Plan of Action and in undertaking activities to fight the various forms of transnational crime.

ASEAN is also keen to further its collaboration with the ACPF. The ACPF is one of the UN affiliated NGO which has shown interest in ASEAN'S efforts against transnational crime. It has participated in the Informal Consultative Meeting between ASEAN and Other International Organisations on Combating Transnational Crime on 26 November 1998 in the Philippines. At the consultative meeting, the ACPF expressed interest in supporting the activities of the ACTC and in implementing the Action Plan to Combat Transnational Crime. ACPF has been actively working with enforcement agencies and the legal services in ASEAN member countries. It has conducted and funded numerous workshops on co-operation against transnational crime, particularly on establishing cross-sectoral linkages among the law enforcement agencies, prosecution services and other institutions.

Conclusion

ASEAN has taken a bold step forward to deal, in a comprehensive manner, the menace of transnational crime with a view to neutralising and eradicating it. In order to contribute effectively to regional and global efforts against transnational crime, ASEAN will need the assistance and expertise of the developed nations, relevant international and intergovemmental organisations as well as the non-governmental organisations.

*1 The full dialogue partners of ASEAN are Australia, Canada, China, the European Union, India, Japan, New Zealand, Republic of Korea, Russian Federation, United States, United Nations Development Programme. Pakistan is a sectoral dialogue partner of ASEAN.

FIGHTING TRAFFICKING IN WOMEN AND CHILDREN IN ASEAN

by

S Pushpanathan Assistant Director, ASEAN Secretariat

Background

Since the 1980s, the Association of Southeast Asian Nations (ASEAN) has placed high priority on integration of women in the development and progress of the region. In an effort to undertake regional co-operation to uplift the status of women in the region and to meet their needs and aspirations, the ASEAN Foreign Ministers signed the Declaration of the Advancement of Women in the ASEAN Region in Bangkok in July 1 988. The Declaration specifically called for the promotion and implementation of equitable and effective participation of women in all fields and at various levels of the political, economic, social and cultural life of society at the national, regional and international levels.

The ASEAN Ministers Responsible for Social Welfare adopted the ASEAN Plan of Action for Children in 1 993. The Plan outlined the need to address issues of child abuse, neglect and exploitation, including child prostitution, child Labour, street children and abandoned children and child trafficking, among other priorities for child protection.

The ASEAN Heads of State/Government have called for the protection of women and children at the summit meetings. At the 5th ASEAN Summit in December I 995, they reiterated the need to ensure the equitable and effective participation of women in all fields and levels of society. They called on ASEAN to take firm and stern measures to combat transnational crime, including trafficking in women and children at the 2"d Informal ASEAN Summit in December 1 997. They also adopted the ASEAN Vision 2020, which envisioned the evolution of agreed rules of behaviour and co-operative measures in Southeast Asia to deal with problems that can be met only on al regional scale, including trafficking of women and children and other transnational crime. At the 6th ASEAN Summit in December I 998, they adopted the Hanoi Plan of Action (HPA), the first in a series of action plans to implement the ASEAN Vision 2020. The HPA emphasised the implementation of the ASEAN Plan of Action for Children and the strengthening of ASEAN collaboration in combating the trafficking in and crimes of violence against women and children.

The ASEAN Foreign Ministers, acknowledging the adverse impact of transnational crime on ASEAN'S economic and social development, have reiterated the calls of the ASEAN Heads of State/Government at their annual ASEAN Ministerial Meetings (AMM). At the 30th AMM in July 1997, the Foreign Ministers underscored the need for sustained co-operation in addressing transnational concerns including the fight against terrorism, trafficking in people, illicit drugs and arms and piracy. At the recent 32nd AMM in Singapore In July 1999, the Foreign Ministers stressed the urgent need to strengthen ASEAN'S regional capacity to combat transnational crime, including trafficking in women and children with the assistance of the international community.

ASEAN Bodies Combating Trafficking in Women and Children

Three ASEAN bodies are involved in pursuing initiatives and activities against trafficking in women and children: the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), the ASEAN Chiefs of National Police (ASEANAPOL) and the ASEAN Sub-Committee on Women (ASW).

The AMMTC was established in December 1997. It meets once in two years to review the work undertaken by the various ASEAN bodies on transnational crime and to set the pace and direction for regional collaboration on combating such crime, It is assisted by the Senior Officials Meeting on Transnational Crime which meets at least once a year.

The ASEANAPOL meets annually and deals with preventive, enforcement and operational aspects of co-operation against transnational crime. It actively fosters regional police co-operation in areas that include exchange of information and visits, establishing linkages in training and research, and holding regular conferences.

The ASEAN Committee on Social Development established the ASEAN Sub-committee on Women (ASW) in 1976 with the aim to promote and implement activities for the effective participation of women in all fields and various level of the political, economic and social life. The ASW has been actively involved in promoting public awareness among policy makers, programme planners and implementers on the role of women in development.

Regional Undertaking Against Trafficking in Women and Children

At its inaugural meeting on 20 December 1999, the AMMTC adopted the ASEAN Declaration on Transnational Crime, which underscored ASEAN'S resolve to adopt a comprehensive approach to fight transnational crime through greater regional collaboration and by forging international co-operation.

The 2nd AMMTC in June 1999 adopted the ASEAN Plan of Action to Combat Transnational Crime. The Plan established mechanisms and activities to extend ASEAN member countries' efforts to combat transnational crime, including trafficking in women and children from the national and bilateral levels to the regional dimension, and strengthen regional commitment and capacity to undertake the expanded task. The Plan will put in place a cohesive regional strategy to fight transnational crime and will encompass information exchange, co-operation in legal and law enforcement matters, Institutional capacity building, training and extra-regional co-operation as key programme activities. An adehoc working group meeting would be convened to develop and finalise a work programme to implement the Plan.

The establishment of the ASEAN Centre for Combating Transnational Crime (ACTC) has also been agreed, in principle by the 2"d AMMTC. The ACTC is another regional initiative of ASEAN against transnational crime which is envisioned to promote data resource sharing, assist in the implementation of programme activities outlined in the proposed action plan, and be a repository of information on national legislation, regulatory measures and jurisprudence of individual member countries. It is also envisaged that the ACTC will have research capabilities to conduct in-depth analysis of transnational crime activities to recommend appropriate regional strategies to fight these felonious activities. With the establishment of the Centre, ASEAN efforts in combating trafficking in women and children will be further intensified.

The issue of trafficking of women and children is also discussed by ASEANAPOL at their annual conference with a view of enhancing police co-operation in the fight against the crime through existing bi-lateral arrangements. ASEANAPOL has also established its own database system to enable member countries to exchange information on transnational crime in a rapid, reliable and secure manner and to provide further means of accessing the computerised systems at the INTERPOL General Secretariat.

ASEAN has been actively pursuing efforts to suppress the supply side causes of trafficking in women by empowering women and ensuring their participation in all fields and levels of society.

The ASW plays an important role In monitoring the implementation of the Declaration on the Advancement of Women in the ASEAN Region, It has published a report on the advancement of women in ASEAN in 1 996 and is preparing to publish the second report in the year 2000.

The ASW has developed an activity addressing violence against women in the family, with a view to create a positive policy environment and develop preventive measures against the phenomenon of violence committed against women and children in families. The 18th Meeting of the ASW held in September 1999 agreed that a project proposal to address trafficking in women be developed taking into account the on-going efforts in the region.

One other initiative of the ASW was the pilot project on ASEAN Network for Women in Skills Training funded by UNDP and CIDA. The project sought to equip disadvantaged women in ASEAN with useful and marketable skills. Since economic necessity and poverty are primary motivations for the existence of trafficking in women, skills training and public education on the role of women in society will reduce the crime by providing women alternative economic opportunities and meeting their aspirations.

ASEAN Is also pursuing an initiative to combat the commercial sexual exploitation of children in ASEAN with the objectives of identifying areas for co-operation among ASEAN Member Countries and other countries to develop an ASEAN Plan of Action for the Protection of Children Against Commercial Sexual Exploitation, Pornography and Trafficking.

Various intergovernmental bodies and non-governmental organisations (NGOs) are playing an important role in helping the governments of the ASEAN Member Countries to fight these crimes and in assisting the victims of such crimes. UNIFEM and the UN Working Croup on Trafficking are collaborating in the Mekong sub-region on a preparatory assistance on trafficking in women and children.

The ASEAN Secretariat has been playing an active co-ordinating role in ASEAN'S fight against trafficking in women and children and in dealing with domestic violence. It is currently undertaking the following:

a. It is seeking technical assistance from UNIFEM and UNICEF in developing work programme for the protection of women and children and to ensure the implementation of 'the UN Conventions on the Elimination of All Forms of Discrimination against Women (CEDAW) and UN Convention on the Rights of Children (CRC) in tandem with national priorities of ASEAN Member Counties;

b. It is working with UNICEF to update the 1995 study on children in ASEAN. The updated study will also review the implementation of the CRC in member countries and to provide recommendations for future collaboration;

c. It is exploring the possibility of developing work programme with UNIFEM and UNICEF to address the priority areas related to women and children;

d. The ASEAN Secretariat is co-ordinating with the ASW to develop a regional project to address trafficking in women.

Future Directions

Under the intermediate plan to achieve the Vision 2020, ASEAN has identified the fight against trafficking in women and children as one of its priorities. It will seek to strengthen ASEAN'S collaboration in combating the crime by undertaking the following:

a. Develop an ASEAN Action Plan for the protection of children against trafficking and commercial sexual exploitation by 2000:

b. Establish a regional network among lay enforcement and social welfare agencies to deter trafficking of women and children and regional mechanism to facilitate the exchange of information and sharing of best practices on legislation concerning women and child protection;

c. Develop a regional programme to share experiences on implementing the Convention on the Rights of the Child and research the abuse of children and women, child labours and trafficking, child abandonment and effective strategies for dealing with domestic violence: and

d. Continue publication of a report to monitor the progress made by the ASEAN Member Countries in implementing the ASEAN Declaration on the Advancement of Women.

ASEAN welcomes assistance and support to develop the work programme to implement the ASEAN Plan of Action to Combat Transnational Crime and projects addressing violence against women in the family and commercial sexual exploitation of children. ASEAN also welcomes collaboration and assistance in formulating the regional work programme to address the priorities related to women and children.

Conclusion

ASEAN will actively pursue efforts in implementing policies and initiatives both at the national and regional levels to fight the growing trends in trafficking of women and children. These will include the formulation of appropriate action plans, work programs and projects pertaining to women and children. The AMMTC will pursue policies and measures to suppress the crime through regional co-operation while the ASEANAPOL will continue to strengthen police co-operation through information and intelligence exchanges in dealing with the crime. The ACTC will buttress ASEAN efforts by assisting in the implementation of the regional activities and the enforcement agencies in ASEAN in quelling trafficking in women and children. The ASW and the ASEAN Secretariat will continue to work towards the reduction of the supply side causes for trafficking in women and children through effective public education and generating greater public awareness. They will also focus on efforts to uplift the status of women and to empower them to ensure their effective participation in all fields and at various levels of the political, economic, social and cultural life of society at the national, regional and international levels.

ASEAN has recognised that trafficking in women and children cannot be solved by the national governments alone and that it has to collaborate closely among its member countries, dialogue partners and the international community in combating the crime. ASEAN will continue to pursue regional and international collaborations to contribute to the global efforts against the crime.