ASEAN will continue to seriously engage in dialogues with other UNmembers and friendly organisations, including the Asian-African LegalConsultative Organisation (AALCO) for the enhanced role of internationallaw in international affairs.
Chargé d’Affairesof Vietnam to the UN, Ambassador Bui The Giang delivered thisstatement while speaking on behalf of the ASEAN New York Committee onthe bloc’s legal development process at the AALCO meeting in New Yorkon Nov. 1.
“We are firmly convinced that,committed to realising a community of Southeast Asian nations that isrule-based, people-oriented and closely integrated, ASEAN iswell-positioned to better serve as the key promoter of perpetual peace,everlasting amity, cooperation and prosperity among the peoples inSoutheast Asia, as well as an effective partner of the United Nationsand countries outside the region,” Giang said.
Theambassador highlighted the ASEAN legal development process in the recentpast, stressing that on December 15, 2008, the ASEAN Charter enteredinto force, marking a momentous development of ASEAN in its endeavor toconsolidate, integrate and transform itself into a community.
“From a legal perspective, the Charter has brought ASEAN to a turningpoint by providing the organisation with a legal personality and variouslegal and institutional frameworks as an international organsation toact on its own.”
“Under the Charter, ASEAN willtransform into a rule-based, people-oriented and closely integratedCommunity by 2015, based on three pillars: the political and securitycommunity, the economic community and the socio-cultural community.”
He went on to say that for the past two years, earnest efforts havebeen made to put in place the ASEAN Charter which in turn provides thelegal basis and institutional framework for the ASEAN Community.
As a result, legal documents necessary for the implementation of theCharter have been issued, including the Agreement on the Privileges andImmunities of ASEAN (2009), the Protocol to the ASEAN Charter on DisputeSettlement Mechanisms and the Rules of Good Offices, Rules ofMediation, Rules of Conciliation and Rules of Arbitration to be annexedto the Protocol.
Also in April 2010, the ASEANCoordinating Council adopted the Guidelines on the Use of the “ASEAN”name, Guidelines on the Use of ASEAN Emblem, Guidelines on the use ofthe ASEAN Anthem and the ASEAN Secretariat Financial Rules andProcedure.
Most recently, the Rules for Referenceof Unresolved Disputes to the Summit and the Rules of Authorisationfor Legal Transactions under Domestic Laws were adopted at the 17 thASEAN Summit.
Relevant ASEAN bodies are now taskedto expeditiously finalise the remaining guidelines, terms of references,and rules of procedures, including especially the Rules for Conclusionof Agreements under International Law and the Rules of Procedures forExternal Parties’ Involvement in ASEAN Meetings or CooperativeActivities.
Giang noted that “To ensure thepeople-oriented nature and demonstrate collective commitment to goodgovernance of the organisation, the ASEAN Intergovernmental Commissionon Human Rights (AICHR) was inaugurated on October 23 last year and theASEAN Commission on the Promotion and Protection of the Rights of Womenand Children (ACWC) came into being on April 7 this year, both mandatedto promote and protect human rights in accordance with domestic laws ofeach ASEAN country and relevant international instruments to which ASEANmember states are parties.”
Regarding ASEAN’sachievements in strengthening the rule of law and promoting legal andlaw enforcement cooperation among ASEAN member states, the diplomat saidwith the signing of the ASEAN Treaty on Mutual Legal Assistance inCriminal Matters in 2004 and the ASEAN Convention on Counter Terrorismin 2007, ASEAN has achieved very important frameworks for legal and lawenforcement cooperation.
ASEAN is currently workingon two more important instruments, namely the ASEAN Extradition Treatyand the ASEAN Convention on Trafficking in Persons.
To join other Asian countries to fight piracy and armed robbery at sea,16 Asian states including the 10 ASEAN countries adopted the RegionalCooperation Agreement on Combating Piracy and Armed Robbery againstShips in Asia .
To ensure a healthy ASEAN, theASEAN Declaration on Transnational Crime was signed in 1997, followed bythe adoption of the ASEAN Plan of Action to Combat Transnational Crimein 1999. The ASEAN Foreign Ministers advanced their vision on a “DrugFree ASEAN by 2015” and signed the ASEAN Declaration against Traffickingin Persons, Particularly Women and Children.
Oncounter-terrorism, ASEAN concluded Joint Declarations to CombatInternational Terrorism with all its dialogue partners and sectoralpartners. It also established joint consultative mechanisms withDialogue Partners to implement their Joint Declarations, such as theASEAN – Russia Working Group on Counter Terrorism, ASEAN – JapanDialogue on Counter Terrorism, the ambassador said./.
Chargé d’Affairesof Vietnam to the UN, Ambassador Bui The Giang delivered thisstatement while speaking on behalf of the ASEAN New York Committee onthe bloc’s legal development process at the AALCO meeting in New Yorkon Nov. 1.
“We are firmly convinced that,committed to realising a community of Southeast Asian nations that isrule-based, people-oriented and closely integrated, ASEAN iswell-positioned to better serve as the key promoter of perpetual peace,everlasting amity, cooperation and prosperity among the peoples inSoutheast Asia, as well as an effective partner of the United Nationsand countries outside the region,” Giang said.
Theambassador highlighted the ASEAN legal development process in the recentpast, stressing that on December 15, 2008, the ASEAN Charter enteredinto force, marking a momentous development of ASEAN in its endeavor toconsolidate, integrate and transform itself into a community.
“From a legal perspective, the Charter has brought ASEAN to a turningpoint by providing the organisation with a legal personality and variouslegal and institutional frameworks as an international organsation toact on its own.”
“Under the Charter, ASEAN willtransform into a rule-based, people-oriented and closely integratedCommunity by 2015, based on three pillars: the political and securitycommunity, the economic community and the socio-cultural community.”
He went on to say that for the past two years, earnest efforts havebeen made to put in place the ASEAN Charter which in turn provides thelegal basis and institutional framework for the ASEAN Community.
As a result, legal documents necessary for the implementation of theCharter have been issued, including the Agreement on the Privileges andImmunities of ASEAN (2009), the Protocol to the ASEAN Charter on DisputeSettlement Mechanisms and the Rules of Good Offices, Rules ofMediation, Rules of Conciliation and Rules of Arbitration to be annexedto the Protocol.
Also in April 2010, the ASEANCoordinating Council adopted the Guidelines on the Use of the “ASEAN”name, Guidelines on the Use of ASEAN Emblem, Guidelines on the use ofthe ASEAN Anthem and the ASEAN Secretariat Financial Rules andProcedure.
Most recently, the Rules for Referenceof Unresolved Disputes to the Summit and the Rules of Authorisationfor Legal Transactions under Domestic Laws were adopted at the 17 thASEAN Summit.
Relevant ASEAN bodies are now taskedto expeditiously finalise the remaining guidelines, terms of references,and rules of procedures, including especially the Rules for Conclusionof Agreements under International Law and the Rules of Procedures forExternal Parties’ Involvement in ASEAN Meetings or CooperativeActivities.
Giang noted that “To ensure thepeople-oriented nature and demonstrate collective commitment to goodgovernance of the organisation, the ASEAN Intergovernmental Commissionon Human Rights (AICHR) was inaugurated on October 23 last year and theASEAN Commission on the Promotion and Protection of the Rights of Womenand Children (ACWC) came into being on April 7 this year, both mandatedto promote and protect human rights in accordance with domestic laws ofeach ASEAN country and relevant international instruments to which ASEANmember states are parties.”
Regarding ASEAN’sachievements in strengthening the rule of law and promoting legal andlaw enforcement cooperation among ASEAN member states, the diplomat saidwith the signing of the ASEAN Treaty on Mutual Legal Assistance inCriminal Matters in 2004 and the ASEAN Convention on Counter Terrorismin 2007, ASEAN has achieved very important frameworks for legal and lawenforcement cooperation.
ASEAN is currently workingon two more important instruments, namely the ASEAN Extradition Treatyand the ASEAN Convention on Trafficking in Persons.
To join other Asian countries to fight piracy and armed robbery at sea,16 Asian states including the 10 ASEAN countries adopted the RegionalCooperation Agreement on Combating Piracy and Armed Robbery againstShips in Asia .
To ensure a healthy ASEAN, theASEAN Declaration on Transnational Crime was signed in 1997, followed bythe adoption of the ASEAN Plan of Action to Combat Transnational Crimein 1999. The ASEAN Foreign Ministers advanced their vision on a “DrugFree ASEAN by 2015” and signed the ASEAN Declaration against Traffickingin Persons, Particularly Women and Children.
Oncounter-terrorism, ASEAN concluded Joint Declarations to CombatInternational Terrorism with all its dialogue partners and sectoralpartners. It also established joint consultative mechanisms withDialogue Partners to implement their Joint Declarations, such as theASEAN – Russia Working Group on Counter Terrorism, ASEAN – JapanDialogue on Counter Terrorism, the ambassador said./.
