ASEAN Convention on
Counter Terrorism
Member Countries of
the Association of Southeast Asian Nations (ASEAN) - Brunei Darussalam,
the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's
Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the
Philippines, the Republic of Singapore, the Kingdom of Thailand, and the
Socialist Republic of Viet Nam, hereinafter referred to as "the
Parties";
RECALLING the
Charter of the United Nations and relevant principles of international
law, the relevant international conventions and protocols relating to
counter terrorism and relevant resolutions of the United Nations on
measures aimed at countering international terrorism, and reaffirming
our commitment to protect human rights, fair treatment, the rule of
law, and due process as well as the principles enshrined in the Treaty
of Amity and Cooperation in Southeast Asia done at Bali on 24 February
1976;
REAFFIRMING that
terrorism cannot and should not be associated with any religion,
nationality, civilisation or ethnic group;
RECALLING also the
ASEAN Declaration on Joint Action to Counter Terrorism and the
Declaration on Terrorism adopted at the ASEAN Summits in 2001 and 2002
respectively;
REAFFIRMING our
commitment to the Vientiane Action Programme done at Vientiane on 29
November 2004, particularly its thrust on "shaping and sharing of norms"
and the need, among others, to work towards the conclusion of an ASEAN
Mutual Legal Assistance Agreement, and an ASEAN Convention on Counter
Terrorism, and the establishment of an ASEAN Extradition Treaty as
envisaged by the 1976 Declaration of ASEAN Concord;
DEEPLY CONCERNED
over the grave danger posed by terrorism to innocent lives,
infrastructure and the environment, regional and international peace and
stability as well as to economic development;
REALISING the
importance of identifying and effectively addressing the root causes of
terrorism in the formulation of any counter terrorism measures;
REITERATING that
terrorism, in all its forms and manifestations, committed wherever,
whenever, and by whomsoever, is a profound threat to international peace
and security and a direct challenge to the attainment of peace, progress
and prosperity for ASEAN and the realisation of ASEAN Vision 2020;
REAFFIRMING our
strong commitment to enhance cooperation in countering terrorism which
covers the prevention and suppression of all forms of terrorist acts;
REITERATING the
need to improve regional cooperation on counter terrorism and undertake
effective measures through deepening cooperation among ASEAN law
enforcement agencies and relevant authorities in countering terrorism;
ENCOURAGING the
Parties to become parties as soon as possible to the relevant
international conventions and protocols relating to counter terrorism;
Have agreed as
follows:
Article I
Objective
This Convention
shall provide for the framework for regional cooperation to counter,
prevent and suppress terrorism in all its forms and manifestations and
to deepen cooperation among law enforcement agencies and relevant
authorities of the Parties in countering terrorism.
Article II
Criminal Acts of
Terrorism
1. For the purposes
of this Convention, "offence" means any of the offences within the scope
of and as defined in any of the treaties listed as follows:
1. Convention
for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague
on 16 December 1970;
2. Convention
for the Suppression of Unlawful Acts Against the Safety of Civil
Aviation, concluded at Montreal on 23 September 1971;
3. Convention on
the Prevention and Punishment of Crimes Against Internationally
Protected Persons, Including Diplomatic Agents, adopted in New York on
14 December 1973;
4. International
Convention Against the Taking of Hostages, adopted in New York on 17
December 1979;
5. Convention on
the Physical Protection of Nuclear Material, adopted in Vienna on 26
October 1979;
f. Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation,
done at Montreal on 24 February 1988;
6. Convention
for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation, done at Rome on 10 March 1988;
7. Protocol for
the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf, done at Rome on 10 March 1988;
8. International
Convention for the Suppression of Terrorist Bombings, adopted in New
York on 15 December 1997;
9. International
Convention for the Suppression of the Financing of Terrorism, adopted in
New York on 9 December 1999;
10. International
Convention for the Suppression of Acts of Nuclear Terrorism, adopted in
New York on 13 April 2005;
11. Amendment to
the Convention on the Physical Protection of Nuclear Material, done at
Vienna on 8 July 2005;
12. Protocol of
2005 to the Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation, done at London on 14 October 2005; and
13. Protocol of
2005 to the Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, done at
London on 14 October 2005.
2. On depositing
its instrument of ratification or approval, a Party which is not a Party
to a treaty listed in paragraph 1 of this Article may declare that, in
the application of this Convention to that Party, that treaty shall be
deemed not to be included in paragraph 1 of this Article. This
declaration shall cease to have an effect as soon as the treaty enters
into force for the Party having made such a declaration, which shall
notify the depositary as stated in paragraph 2 of Article XX of this
entry into force.
3. When a Party
ceases to be a party to a treaty listed in paragraph 1 of this Article,
it may make a declaration as provided for in this Article, with respect
to that treaty.
Article III
Sovereign Equality,
Territorial Integrity and Non-Interference
The Parties shall
carry out their obligations under this Convention in a manner consistent
with the principles of sovereign equality and territorial integrity of
States and that of non-interference in the internal affairs of other
Parties.
Article IV
Preservation of
Sovereignty
Nothing in this
Convention entitles a Party to undertake, in the territory of another
Party, the exercise of jurisdiction or performance of functions which
are exclusively reserved for the authorities of that other Party by its
domestic laws.
Article V
Non-Application
This Convention
shall not apply where the offence is committed within a single Party,
the alleged offender and the victims are nationals of that Party, the
alleged offender is found in the territory of that Party and no other
Party has a basis under this Convention to exercise jurisdiction.
Article VI
Areas of
Cooperation
1. The areas of
cooperation under this Convention may, in conformity with the domestic
laws of the respective Parties, include appropriate measures, among
others, to:
1. Take the
necessary steps to prevent the commission of terrorist acts, including
by the provision of early warning to the other Parties through the
exchange of information;
2. Prevent those
who finance, plan, facilitate, or commit terrorist acts from using their
respective territories for those purposes against the other Parties
and/or the citizens of the other Parties;
3. Prevent and
suppress the financing of terrorist acts;
4. Prevent the
movement of terrorists or terrorist groups by effective border control
and controls on issuance of identity papers and travel documents, and
through measures for preventing counterfeiting, forgery or fraudulent
use of identity papers and travel documents;
5. Promote
capacity-building including trainings and technical cooperation and the
holding of regional meetings;
6. Promote
public awareness and participation in efforts to counter terrorism, as
well as enhance inter-faith and intra-faith dialogue and dialogue among
civilisations;
7. Enhance
cross-border cooperation;
8. Enhance
intelligence exchange and sharing of information;
9. Enhance
existing cooperation towards developing regional databases under the
purview of the relevant ASEAN bodies;
10. Strengthen
capability and readiness to deal with chemical, biological,
radiological, nuclear (CBRN) terrorism, cyber terrorism and any new
forms of terrorism;
11. Undertake
research and development on measures to counter terrorism;
12. Encourage the
use of video conference or teleconference facilities for court
proceedings, where appropriate; and
13. Ensure that
any person who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts is
brought to justice.
2. Subject to the
consent of the Parties concerned, Parties shall cooperate to address the
root causes of terrorism and conditions conducive to the spread of
terrorism to prevent the perpetration of terrorist acts and the
propagation of terrorist cells.
Article VII
State Jurisdiction
1. A Party shall
take such measures as may be necessary to establish its jurisdiction
over the offences covered in Article II of this Convention when:
1. The offence
is committed in the territory of that Party; or
2. The offence
is committed on board a vessel flying the flag of that Party or an
aircraft which is registered under the laws of that Party at the time
the offence is committed; or
3. The offence
is committed by a national of that Party.
2. A Party may also
establish its jurisdiction over any such offence when:
1. The offence
is committed against a national of that Party; or
2. The offence
is committed against a state or government facility of that Party
abroad, including its embassy or other diplomatic or consular premises;
or
3. The offence
is committed in an attempt to compel that Party to do or to abstain from
doing any act; or
4. The offence
is committed by a stateless person with habitual residence in the
territory of that Party.
3. A Party shall
likewise establish its jurisdiction over the offences covered in Article
II of this Convention in cases where the alleged offender is present in
its territory and it does not extradite that person to any of the
Parties that have established their jurisdiction in accordance with
paragraph 1 or 2 of this Article.
4. This Convention
does not exclude the exercise of any criminal jurisdiction established
by a Party in accordance with its domestic laws.
Article VIII
Fair Treatment
1. Any person who
is taken into custody or regarding whom any other measures are taken or
proceedings are carried out pursuant to this Convention shall be
guaranteed fair treatment, including enjoyment of
all rights and
guarantees in conformity with the laws of the Party in the territory of
which that person is present and applicable provisions of international
law, including international human rights law.
2. Upon receiving
information that a person who has committed or who is alleged to have
committed an offence covered in Article II of this Convention may be
present in its territory, the Party concerned shall take such measures
as may be necessary under its domestic laws to investigate the facts
contained in the information.
3. Upon being
satisfied that the circumstances so warrant, the Party in whose
territory the offender or alleged offender is present shall take the
appropriate measures under its domestic laws so as to ensure that
person's presence for the purpose of prosecution or extradition.
4. Any person
regarding whom measures referred to in paragraph 3 of this Article are
being taken shall be entitled:
1. To
communicate without delay with the nearest appropriate representative of
the State of which that person is a national or which is otherwise
entitled to protect that person's rights;
2. To be visited
by a representative of that State;
3. To be
informed of that person's rights under subparagraphs (a) and (b) of
paragraph 4 of this Article.
5. The rights
referred to in paragraph 4 of this Article shall be exercised in
conformity with the laws and regulations of the Party in the territory
of which the offender or alleged offender is present,
subject to the
provision that the said laws and regulations must enable full effect to
be given to the purposes for which the rights accorded under paragraph 4
of this Article are intended.
6. When a Party,
pursuant to the present Article, has taken a person into custody, it
shall immediately notify, directly or through the Secretary-General of
ASEAN, the Parties which have established jurisdiction in accordance
with paragraph 1 or 2 of Article VII, and, if it considers it
advisable, any other interested Parties, of the fact that such person is
in custody and of the circumstances which warrant that person's
detention. The Party which is carrying out the investigation referred to
in paragraph 2 of this Article shall
promptly inform the
said Parties of its findings and shall indicate whether it intends to
exercise jurisdiction over the said person.
Article IX
General Provisions
1. The Parties
shall adopt such measures as may be necessary, including, where
appropriate, national legislation, to ensure that offences covered in
Article II of this Convention, especially when it is intended to
intimidate a population, or to compel a government or an international
organisation to do or to abstain from doing any act, are under no
circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar
nature.
2. Pursuant to
Article VI of this Convention, the Parties shall, where possible,
establish channels of communication between their competent agencies to
facilitate the exchange of information to prevent the commission of
offences covered in Article II of this Convention.
3. The Party where
the alleged offender is prosecuted shall, upon the request of the other
Parties claiming jurisdiction over the same, communicate the status of
the case at any stage of the proceedings to those other Parties.
Article X
Status of Refugees
The Parties shall
take appropriate measures, in conformity with the relevant provisions of
their respective domestic laws and applicable international law,
including international standards of human rights, before granting
refugee status, where the Parties recognise and grant such status, for
the purpose of ensuring that the asylum seeker has not planned,
facilitated or participated in the commission of terrorist acts.
Article XI
Rehabilitative
Programmes
The Parties shall
endeavour to promote the sharing of best practices on rehabilitative
programmes including, where appropriate, social reintegration of persons
involved in the commission of any of the
offences covered in
Article II of this Convention with the objective of preventing the
perpetration of terrorist acts.
Article XII
Mutual Legal
Assistance in Criminal Matters
1. The Parties
shall, in conformity with their respective domestic laws, afford the
widest measure of assistance in connection with investigations or
criminal proceedings brought in respect of the
offences covered in
Article II of this Convention.
2. The Parties
shall, where they are parties to the Treaty on Mutual Legal Assistance
in Criminal Matters done in Kuala Lumpur on 29 November 2004, carry out
their obligations under paragraph 1 of this
Article in
conformity with that Treaty.
Article XIII
Extradition
1. The Party in the
territory of which the alleged offender is present shall, in cases to
which Article VII of this Convention applies, if it does not extradite
that person, be obliged, without exception whatsoever and whether or not
the offence was committed in its territory, to submit the case without
undue delay to its competent authorities for the purpose of prosecution,
through proceedings in accordance with the domestic laws of that Party.
Those authorities shall take their decision in the same manner as in the
case of any
other offence of a
grave nature under the domestic laws of that Party.
2. The offences
covered in Article II of this Convention shall be deemed to be included
as extraditable offences in any extradition treaty existing between any
of the Parties before the entry into force of this Convention. The
Parties undertake to include such offences as extraditable offences in
every extradition treaty to be subsequently concluded between them.
3. When a Party
which makes extradition conditional on the existence of a treaty
receives a request for extradition from another Party with which it has
no extradition treaty, the requested Party may, at its
option, and in
conformity with its domestic laws, consider this Convention as a legal
basis for extradition in respect of the offences covered in Article II
of this Convention.
Article XIV
Political Offences
Exception
None of the
offences covered in Article II of this Convention shall be regarded for
the purposes of extradition under Article XIII of this Convention or
mutual legal assistance in criminal matters under
Article XII of this
Convention as a political offence or as an offence connected with a
political offence or as an offence inspired by political motives.
Accordingly, a request for extradition or for mutual legal assistance in
criminal matters based on such an offence may not be refused on the sole
ground that it concerns a political offence or an offence connected with
a political offence or an offence inspired by political motives.
Article XV
Designation of
Central Authorities or Coordinating Structures
Each Party shall
designate, as appropriate, a central authority or coordinating structure
to enhance cooperation under this Convention.
Article XVI
Implementation,
Monitoring and Review
The relevant ASEAN
sectoral bodies involved in ASEAN cooperation on countering terrorism
shall be responsible for monitoring and reviewing the implementation of
this Convention.
Article XVII
Confidentiality
1. Each Party
shall preserve the confidentiality and secrecy of documents, records and
other information received from any other Party, including the source
thereof.
2. No document,
record or other information obtained pursuant to this Convention shall
be disclosed to or shared with any other Party, State or person except
with the prior written consent of the Party which
provided such
document, record or information.
Article XVIII
Relationship with
Other International Instruments
This Convention
shall not derogate from obligations subsisting between the Parties
pursuant to other international agreements nor, where the Parties agree,
shall it prevent the Parties from providing assistance
to each other
pursuant to other international agreements or the provisions of their
respective domestic laws.
Article XIX
Settlement of
Disputes
Any difference or
dispute between the Parties arising from the interpretation or
application of the provisions of this Convention shall be settled
amicably through consultation and negotiation between
the Parties through
diplomatic channels or any other peaceful means for the settlement of
disputes as agreed upon between the Parties.
Article XX
Ratification,
Approval and Depositary
1. This Convention
shall be subject to ratification or approval in accordance with the
internal procedures of the Parties.
2. The instruments
of ratification or approval shall be deposited with the
Secretary-General of ASEAN who shall promptly inform the other Parties
of such deposit.
Article XXI
Entry into Force
and Amendment
1. This Convention
shall enter into force on the 30th (thirtieth) day following the date of
the deposit of the 6th (sixth) instrument of ratification or approval
with the Secretary-General of ASEAN in respect of those Parties that
have submitted their instruments of ratification or approval.
2. For any Party
ratifying or approving this Convention after the deposit of the 6th
(sixth) instrument of ratification or approval, but before the day the
Convention enters into force, the Convention shall also apply to that
Party on the date the Convention enters into force.
3. In respect of a
Party ratifying or approving this Convention subsequent to its entry
into force pursuant to paragraph 1, it shall enter into force for that
Party on the date its instrument of ratification or approval is
deposited.
4. This Convention
may be modified or amended at any time by mutual written consent of the
Parties. Such modification or amendment shall enter into force on such
date as shall be mutually agreed upon by
Parties and shall
form part of this Convention.
5. Any modification
or amendment shall not affect the rights and obligations of the Parties
arising from or based on the provisions of this Convention before the
entry into force of such modification or amendment.
Article XXII
Withdrawal
1. Any Party may
withdraw from this Convention at any time after the date of the entry
into force of this Convention for that Party.
2. The withdrawal
shall be notified by an instrument of withdrawal to the
Secretary-General of ASEAN.
3. The withdrawal
shall take effect 180 (one hundred and eighty) days after the receipt of
the instrument of withdrawal by the Secretary-General of ASEAN.
4. The
Secretary-General of ASEAN shall promptly notify all the other Parties
of any withdrawal.
Article XXIII
Registration
This Convention
shall be registered by the Secretary-General of ASEAN to the United
Nations Secretariat pursuant to Article 102 of the Charter of the United
Nations.
DONE at Cebu,
Philippines, this Thirteenth Day of January in the Year Two Thousand and
Seven, in a single original copy in the English language.
For Brunei
Darussalam:
HAJI HASSANAL
BOLKIAH
Sultan of Brunei
Darussalam
For the Kingdom of
Cambodia:
SAMDECH HUN SEN
Prime Minister
For the Republic of
Indonesia:
DR. SUSILO BAMBANG
YUDHOYONO
President
For the Lao
People's Democratic Republic:
BOUASONE BOUPHAVANH
Prime Minister
For Malaysia:
DATO' SERI ABDULLAH
AHMAD BADAWI
Prime Minister
For the Union of
Myanmar:
GENERAL SOE WIN
Prime Minister
For the Republic of
the Philippines:
GLORIA MACAPAGAL-ARROYO
President
For the Republic of
Singapore:
LEE HSIEN LOONG
Prime Minister
For the Kingdom of
Thailand:
GENERAL SURAYUD
CHULANONT (RET.)
Prime Minister
For the Socialist
Republic of Viet Nam:
NGUYEN TAN DUNG
Prime Minister
(c) Copyright 2007
ASEAN Secretariat. All rights reserved
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