This Undergraduate Thesis is submitted as one of the requirement to obtain the degree of Bachelor of Laws at Faculty of Law Universitas Muhammadiyah
Yogyakarta
Name : Elida Rahajeng Puspitasari
Student Number : 20120610307
Faculty : Law
Major : Law Science (International Program for Law and Sharia)
Field of Study : International Law
FACULTY OF LAW
I hereby declare that the undergraduate thesis which entitled “THE IMPLEMENTATION OF ASEAN SECURITY COMMUNITY PILLAR IN COMBATING THE TRANSNATIONAL CRIME IN SOUTHEAST ASIA”
its content is my own original work and no portion of my thesis has been
copyrighted previously unless properly referenced. On this statement, I am ready
to bear the risk/any sanctions imposed to me in accordance with applicable
regulations, if in the future found a breach of items above, I am willing to accept
the sanctions.
Written by
Name : Elida Rahajeng Puspitasari Student Number : 20120610307
Faculty : Law
Major : International Program for Law and Sharia University : Universitas Muhammadiyah Yogyakarta
Yogyakarta, 25 May 2016
My Lord, Allah SWT
Prophet Muhammad SAW
My beloved parents, H. Bambang Sri Mulyadi and Hj. Sri Wahyuningsih
Bachelor of Law in International Program for Law and Sharia, Faculty of Law, Universitas Muhammadiyah Yogyakarta titled “The Implementation of ASEAN
Security Community Pillar in Combating the Transnational Crime in Southeast
Asia” was conducted from September 2015 until March 2016.
Author would firstly like to thank Allah SWT for His blessings until this
thesis research is completed. Author also thank to Dr. Muhammad Nur Islami,
S.H., M.Hum. and Yordan Gunawan, S.H., Int., MBA. as advisors who guide with
patient, wisdom and compassion. Deepest appreciation also goes to all lecturer
and staff at the Faculty of Law for their assistances during my study at Universitas
Muhammadiyah Yogyakarta.
Author also thanks to the parents H. Bambang Sri Mulyadi and Hj. Sri
Wahyuningsih and brother Galuh Teja Sakti for the prayer, support, guide and
affection. Author would like to thank house partners who support in finishing the
thesis, Wahyu Ridha Rahma A, Apriana Daru, Suci Mardhatillah, Khoirunnisa
Aga Novilia and Maidhatul Husna, and all IPOLianS batch 2012 for times we
spent together. Furthermore, many people are appreciated for their assistance for
APPROVAL PAGE ... ii
ENDORSEMENT PAGE ... iii
DECLARATION PAGE ... iv
DEDICATION ... v
FOREWORD ... vi
TABLE OF CONTENTS ... viii
LIST OF TABLE ... x
LIST OF FIGURES ... xi
LIST OF STATUTES ... xii
LIST OF ABREVIATIONS ... xiii
CHAPTER ONE - INTRODUCTION A. Background ... 1
B. Research Problem ... 7
C. Objectives of Research ... 7
D. Benefits of Research ... 7
CHAPTER TWO - LITERATURE REVIEW A. Transnational Crime in Southeast Asia ... 9
B. The Association of Southeast Asian Nation (ASEAN) ... 13
C. ASEAN Security Community Pillar ... 18
B. Type of Approach ... 20
C. Types of Data ... 21
D. Tools and Techniques for Collecting Data ... 24
E. Analysis and Interpretation of Data ... 24
CHAPTER FOUR - FINDING AND ANALYSIS A. The Implementation of Security Pillar in Combating Transnational Crime in Southeast Asia ... 25
B. The Challenge for Southeast Asia in the Security Matters ... 34
CHAPTER FIVE - CONCLUSION AND RECOMMENDATION A. Conclusion ... 54
B. Recommendation ... 55
4.2The Golden Triangle is responsible for huge quantities of the world’s
Protocol Thereto (2000)
Treaty of Amity and Cooperation (1976)
ASEAN and China Cooperative Operations in Response to Dangerous Drugs
(2009)
ASEAN Declaration on Transnational Organized Crime (1997)
ACCORD : ASEAN and China Cooperative Operations in Response to
Dangerous Drugs
ACOT : ASEAN Centre on Transnational Crime
ACTC : ASEAN Centre for Combating Transnational Crime
AFMM : ASEAN Finance Ministers Meeting
AMMTC : ASEAN Ministerial Meeting on Transnational Crime
ASC : ASEAN Security Community
ASEAN : Association of South East Asian Nations
ASEANAPOL : ASEAN Chiefs of National Police
ASOD : ASEAN Senior Officials on Drug Matters
ATS : Amphetamine Type Stimulants
BCP : Burmese Communist Party
IP : Intellectual Property
MDMA : Methylenedioxymethamphetamine
RSIS : Rajaratnam School of International Studies
TAC : Treaty of Amity and Cooperation in Southeast Asia
UN : United Nations
UNDCP : United Nation Office for Drug Control and Crime Prevention
UNTOC : United Nation Convention against Transnational Organized
considered as the non-traditional threat can be in the form of Terrorism, Human Trafficking, and Illicit Drugs trafficking. Those three issues are considered as the majority crime in Southeast Asia. In combating the transnational crime, the security region has to be strengthened through the implementation of ASEAN Security Community pillar which is one of the ASEAN Community pillars which has been implemented by the end of 2015. One of the actions in combating the transnational crime in Southeast Asia was envisaged on the Blueprint of ASEAN Security Community. The Blueprint contains the action of plan that has to be taken by the ASEAN members in facing the threats which endanger the security and stability of the region. The paper aims to elaborate the importance of security pillars’ implementation in combating the transnational crime in Southeast Asia and the challenges faced by Southeast Asian Countries dealing with the issue of security in Southeast Asia. By using normative legal and descriptive qualitative method, the research found that the challenge faced by ASEAN comes from the inside body of ASEAN itself. The challenge is the ASEAN members can’t fully implement the terms contained in the ASEAN Security Community Blueprint in order to combat the non-traditional threat. In order to face the challenge, ASEAN needs to implement what have been declared in the Blueprint of ASEAN Security Community to enhance the security order.
CHAPTER ONE
INTRODUCTION
A. Background
Transnational crime has been the world crucial issue since the 20th
century, and it hasn’t been settled yet until this time. Southeast Asia which is an
area of dense traffic flow as well as various countries is also impacted by
transnational crime. The data obtained from the largest country in Southeast Asia
which is Indonesia shows that in 2013 the Police of Republic of Indonesia has
handled 32.933 cases of transnational crime. It increases from the previous year
which just 21.457 cases.1 The data shows us that the transnational crime is a
serious issue nowadays in facing the globalization.
Transnational crime includes offences whose inception, prevention, and/or
direct or indirect effects involve more than one country.2 According to United
Nations (UN) organized crime groups consist of “three or more persons, existing
for a period of time and acting in concert with the aim of committing one or more
serious crimes or offenses ... in order to obtain, directly or indirectly, a financial
1
Data of Transnational Crime 2013, RobinOps Criminal Investigation Agency of Indonesian Republic Police, http://www.humas.polri.go.id/informasi-publik/documents/REKAPITULASI KEJAHATAN TRANSNATIONAL 2013. Accessed on October 5th, 2015 at 4:15 p.m.
2
or other material benefit.”3 As a whole, Asia has some of the world’s fastest
growing economies and globalization, it is in line with the development of a
crime what so-called as transnational crime. The fundamental factors underlying
the growth and increasingly international character of transnational crime are the
technological explosion and economic boom of the post-second World War
period as well as the current geopolitical situation, which has been rapidly
evolving since the collapse of the socialist world.
Transnational crimes which include the non-traditional threat have
become a threat to countries in the ASEAN4 region. It was just begun when the
ASEAN economic crisis in 1998 that led to the rise of criminal cases in the
Southeast Asian area.5 Transnational crime has the potential of eroding this
central belief thereby affecting the political, economic and social well-being of
Southeast Asia. If the globalization era emerged or developed past few years,
criminals had long ago used the concept of globalization without being
confronted by rules of law even that occurred in a wide range of countries in the
3
The United Nations Convention Against Transnational Organized Crime. Available at
http://www.unodc.org/unodc/en/crime_cicp_convention.html, Accessed on October 12th, 2015 at 8:15 p.m.
4
The Association of Southeast Asian Nations or ASEAN, was established on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration (Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia, Malaysia, Philippines, Singapore and Thailand. The member states are all the Southeast Asian country, except Timor Leste, Papua New Guinea.
5
world today. The law with its all limitations becomes a protector for offenders of
such crimes.6
In November 1994, the United Nation sponsored an international
conference to develop strategies to combat transnational crime. Then, in 2000 the
United Nation also had validated the United Nations Convention against
Transnational Organized Crime as known as Palermo Convention7. This
convention is the main international instrument in fighting transnational
organized crime. It opened for signature by Member States at a High-level
Political Conference convened for that purpose in Palermo, Italy and entered into
force on 29 September 2003.8
The United Nation Convention on Transnational Organized Crime has
classified the transnational crime into; Human Trafficking and Smuggling,
Drug/Narcotic Trafficking, Firearms Trafficking, Environmental Resource
Trafficking, Cybercrime, Maritime Piracy, Product Counterfeiting/Intellectual
Property Theft (IP).9 The crime which can be called as transnational crime has
some characteristics including; 1) the offense is committed in more than one
country, 2) preparation, planning, direction and control are performed in other
6
R. Makbul Padmanagara, 2007, Kejahatan Internasional, Tantangan dan Upaya Pemecahan, Majalah Interpol Indonesia, p. 58.
7
The Palermo Convention is convention that was adopted by the United Nations to supplement the 2000 Convention against Transnational Organized Crime.
8
United Nations Convention against Transnational Organized Crime and the Protocols Thereto, https://www.unodc.org/unodc/treaties/CTOC/, Accessed on October 15th, 2015 at 1:35 p.m. 9
countries, 3) involving organized criminal group in which the crime is committed
in more than one country, 4) have a serious impact in the other countries.
In recognizing the urgency to tackle the transnational crime and its effect,
ASEAN countries have taken concerted efforts to combat such crime since early
1970s. The Philippines was chosen as the host country on the inaugural Meeting
of the ASEAN Ministers of Interior/Home Affairs on Transnational Crime on 20
December 1997 in Manila. Despite from giving each country the opportunity to
exchange views on the situation in ASEAN regarding on the transnational crime,
the meeting also discussed on the harmful effects suffered by member countries
and the need to improve regional cooperation in combating transnational crime.
The highlight of the meeting was the signing of the ASEAN Declaration on
Transnational Crime by the Ministers. The document reflected ASEAN that
countries have resolved in dealing with transnational crime and its intention to
work together with the international community in combating transnational crime.
In line with the characteristics of transnational crime, the new
transnational dangers faced by ASEAN have important features. Firstly, the
common threats challenge as the serious challenges that have to be faced by
ASEAN countries. Secondly, they were often linked to the effects of
globalization. Thirdly and more importantly, they obeyed no transnational
boundaries.10
10
Since the transnational crime is the complex issue faced by countries in
the world, the security has to be strengthened, as well as in Southeast Asia.11 The
rapid growth of the transnational crime is the key challenge to the Southeast Asia.
ASEAN, the multilateral organization in Southeast Asia has emerged three pillars
to face the growth of economic and globalization and its impact which be
implemented by the end of 2015 as the response to them. The three pillars are
ASEAN Security Community, ASEAN Economic Community and ASEAN
Socio-Cultural Community.12 The main point that is discussed is the ASEAN
Security Community pillar.
ASEAN Security Community is the first pillar which is proposed by
Indonesia which has an aim to ensure that countries in the region live at peace
with one another and with the world in a just, democratic and harmonious
environment. The ASEAN Security Community contemplates the following three
key characteristics: A Rules-based Community of shared values and norms; A
Cohesive, Peaceful, Stable and Resilient Region with shared responsibility for
comprehensive security; and A Dynamic and Outward-looking Region in an
increasingly integrated and interdependent world.13 The issue of transnational
crime has become the important issue handled by ASEAN Security Community.
ASEAN itself put an attention concerning with combating transnational crime
11
Roderic G. Broadhurst, Vy Le, October 2012, “Transnational Organized Crime in East and South East Asia,” SSRN Electronic Journal, DOI: 10.2139/ssrn.2121197.
12
About ASEAN, ASEAN Secretary, Available at http://www.asean.org/asean/about-asean, Accessed on October 14th, 2015 at 3:20 p.m.
13
until the Blueprint of ASEAN Security Community has been made. One of the
agenda of the blueprint of ASC is handling the transnational crime by ASEAN
Multilateral Meeting on transnational crime which will be held twice a year with
the ASEAN countries as a host.
Unlike a ‘security regime’ in which the renunciation of the use and the threat of the use of force are prompted only ‘by the existence of balance power or a mutual-deterrence situation’, ASEAN Security Community is based on the fundamental, unambiguous and long-term convergence of interests among ASEAN members in the avoidance of war.14
The statement above is the statement which is stated in the Indonesian
Foreign Ministry Paper. The statement declares that the ASEAN Security
Community is the place for the ASEAN members which has the same interest
concerning the action of strengthening the security through peace way and avoid
the war in settling the disputes.
Even though ASEAN has taken a concern on the security matters, it is still
categorized as an unsuccessful action. It is because the implementation of the
Blueprint of ASEAN Security Community cannot be well-implemented. This
condition is based on fact that there is no further discussion and adoption or
ratification of a document as the action of the implementation of ASEAN Security
Community Blueprint. The situation creates a big challenge to the Southeast
14
Asian countries as the member of ASEAN to take a serious action towards the
issue.
B. Research Problem
1. Why implementing the security pillar in combating transnational crime in
Southeast Asia is important?
2. What is the challenge faced by Southeast Asian Countries dealing with the
issue of security in Southeast Asia?
C. Objectives of Research
1. To develop the understanding on the ASEAN Security Community pillar in
combating transnational crime through the implementation of ASEAN
Security Community Blueprint by the end of 2015.
2. To highlight the challenges on the issue of security faced by Southeast Asian
countries
D. Benefits of Research
1. Theoretical Benefits
There has been some researches concerning on the issue of ASEAN
Security Community and its matters. But, almost all of the researches have
been done on the matters under the challenges in common. So far, there is no
on the implementation of ASEAN action of plan and the method to combat it.
The advantage of this research is giving the understanding on the issue of
security threat i.e. non-traditional threat includes transnational crime therein.
The concern is being serious since the promulgation of transnational crime in
the Blueprint of ASEAN Security Community. The research is required on the
Southeast Asian countries as well as ASEAN in combating the transnational
crime such as the ASEAN Declaration on Transnational Crime, the United
Nation Convention against Transnational Organized Crime, and other
regulation which is in relation with the issue of security and transnational
crime.
2. Practical Benefits
The implementation of ASEAN Security Community Blueprint cannot
be well undertaken by the members of ASEAN as what expected by the
ASEAN’s members before. Therefore, this research will give the insight on
the implementation of ASEAN Security Community Blueprint and action on
combating the transnational crime in Southeast Asia which dealing with the
CHAPTER TWO
LITERATURE REVIEW
A. Transnational Crime in Southeast Asia
Definitions of transnational organized crime often differentiate between
traditional crime organizations and more modern criminal networks. Traditional
groups have a hierarchical structure that operates continuously or for an extended
period. Newer networks, in contrast, are seen as having a more decentralized,
often cell-like structure. Some experts also distinguish groups by their relation to
the state. Many conventional organizations have interests that are aligned with
countries; they depend on the state for contracts and services.15 They may have
repeatedly laundered their assets through legitimate businesses. Modern networks,
in contrast, are seen as less likely to profit from state contracts or launder large
sums of money. They often thrive on the absence of effective governance.
Mueller16 in his book call transnational organized crimes as offenses
whose inception, prevention, and / or the direct or indirect effects involve; more
than one country. Mueller himself uses the term to identify certain transnational
criminal phenomenon transcending international borders, transgressing the laws
of several states or having an impact on another country.
15
Louise Shelley, 2005, “The Unholy Trinity: Transnational Crime, Corruption, and Terrorism,” Brown Journal of World Affairs, Vol. XI, Winter/Spring, Issue 02.
16
1. UNTOC (United Nation Convention against Transnational Organized Crime)
The UNTOC defines a serious transnational offence as that undertaken by
three or more people for an ongoing period of time and with the aim of
obtaining material gain. The Convention is further supplemented by three
targets, which target specific areas and manifestations of organized crime: the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children; the Protocol against the Smuggling of Migrants by
Land, Sea and Air; and the Protocol against the Illicit Manufacturing of and
Trafficking in Firearms, their Parts and Components and Ammunition.
Countries must become parties to the Convention itself before they can
become parties to any of the Protocols.17 Several offences have now been
routinely identified and these are briefly noted:
a. Human trafficking and smuggling, including child and sexual exploitation
and also indentured work;
b. Drug/narcotic trafficking, including the illicit, production, distribution of
cannabis, cocaine, opiates (heroin, morphine, etc.), and Amphetamine
Type Stimulants (ATS), and MDMA (Ecstasy);
c. Firearms trafficking, including small arms, explosives and potentially,
more sophisticated weapons or components for guided missiles (see
additional protocols UNTOC);
17
d. Environmental resource trafficking, including exotic and protected animal
and plant species and protected timber;
e. Cybercrime, particularly ID theft and unauthorized access to computers
are the leading precursor offences. Web 2.0 applications also have
increased the risks to users as some users may reveal more personal information on sites such as ‘Facebook’ than they otherwise might;
f. Maritime piracy, which involves the seizure of vessels, cargo and crew
and potentially the ‘rebirth’ of vessels; and
g. Product counterfeiting/intellectual property theft (IP). This includes
medicines and other proprietary drugs, digital products (e.g. DVDs) and
high street fashion goods.
2. ASEAN Declaration on Transnational Organized Crime
ASEAN Declaration on Transnational Crime was held in Manila, 20
December 1997. The Declaration was participated by the ASEAN Ministers of
Interior/Home Affairs and Representatives of ASEAN Member Countries. It
concerned about the pernicious effects of transnational crime, such as
terrorism, illicit drug trafficking, arms smuggling, money laundering, traffic
in persons and piracy on regional stability and development, the maintenance
of the rule of law and the welfare of the region's people.
The ASEAN Declaration on Transnational Organized Crime has
resolved to confront the problem of transnational crime through the following
a. Strengthen the commitment of Member Countries to cooperate at the
regional level in combating the transnational crime;
b. Convene at least once every two years ASEAN Ministerial Meeting on
Transnational Crime in order to coordinate activities of relevant ASEAN
bodies, such as the ASEAN Senior Officials on Drug Matters (ASOD) and
the ASEAN Chiefs of National Police (ASEANAPOL);
c. Hold discussions with a view to signing mutual legal assistance
agreements, bilateral treaties, memorandum of understanding or other
arrangements among Member Countries;
d. Consider the establishment of an ASEAN Centre on Transnational Crime
(ACOT) which will coordinate regional efforts against transnational crime
through intelligence sharing, harmonization of policies and coordination
of operations;
e. Convene a high-level ad-hoc Experts Group within one year to accomplish
the following with the assistance of the ASEAN Secretariat:
f. Encourage Member Countries to consider assigning Police Attaches
and/or Police Liaison Officers in each other's capital in order to facilitate
cooperation for tackling transnational crime;
g. Encourage networking of the relevant national agencies or organizations
in Member Countries dealing with transnational crime to further enhance
h. Expand the scope of Member Countries' efforts against transnational
crime such as terrorism, illicit drug trafficking, arms smuggling, money
laundering, traffic in persons and piracy, and to request the ASEAN
Secretary-General to include these areas in the work program of the
ASEAN Secretariat;
i. Explore ways by which the Member Countries can work closer with
relevant agencies and organizations in Dialogue Partner countries, other
countries and international organizations, including the United Nations
and its specialized agencies, Colombo Plan Bureau, Interpol and such
other agencies, to combat transnational crime;
j. Cooperate and coordinate more closely with other ASEAN bodies such as
the ASEAN Law Ministers and Attorneys-General, the ASEAN Chiefs 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; and,
k. Strengthen the ASEAN Secretariat's capacity to assist the Member
Countries in initiating, planning, and coordinating activities, strategies,
programs and projects to combat transnational crime.
B. The Association of Southeast Asian Nations (ASEAN)
The Association of South East Asian Nation or ASEAN was established
signing the ASEAN Declaration (Bangkok Declaration) by the founding fathers
of ASEAN, they are Indonesia, Malaysia, the Philippines, Singapore and
Thailand. ASEAN is an alliance promoting economic and political cooperation by
fostering dialogue among its ten members: Brunei, Cambodia, Indonesia, Laos,
Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.18
ASEAN's objectives were to accelerate economic growth, social progress
and cultural development in the region and to promote regional peace and
stability. In doing so, it sought to abide respect for justice and the rule of law in
the relationship among countries in the region and adhere to the principles of the
United Nations Charter.
Since establishment, ASEAN strived for resilience, both individually as
nations and as an international grouping. It spent time refining and fostering the
concepts that defined ASEAN.
a. ZOPFAN (Zone of Peace, Freedom, and Neutrality)
The foreign ministers of the five ASEAN members signed a Zone Of
Peace, Freedom, And Neutrality declaration (ZOPFAN) on 27 November
1971. ZOPFAN committed all ASEAN members to “exert efforts to secure
the recognition of and respect for Southeast Asia as a Zone of Peace, Freedom
and Neutrality, free from any manner of interference by outside powers,” and
18
to “take concerted efforts to broaden the areas of cooperation, which would
contribute to their strength, solidarity and closer relationship.”19
Although ZOPFAN claimed to be the primary declaratory security
policy of ASEAN, it was a highly ambiguous concept. Accordingly, the
member states had their own reservations with regard to it. For Thailand and
the Philippines, their existing relationship with the United States was a better
security guarantee than being part of a neutralized area. Singapore preferred to
trust its security to a balance of great power forces in the region. Each state
had a different interpretation of what ZOPFAN meant and implied. ASEAN
itself made little movement toward implementing the policy. ZOPFAN in a
way was a statement of principles that were never meant to be taken seriously
and represented what the ASEAN states understood to be "vague long-term
aspiration."
b. Treaty of Amity and Cooperation in Southeast Asia (TAC)
Reduction of U.S. power in Southeast Asia and the related collapse of
anticommunist regimes in South Vietnam and Cambodia in 1975 provided a
powerful impetus to ASEAN's political development. The organization shifted
its emphasis to the promotion of economic development as the surest way of
combating the internal appeal of communism in the ASEAN nations. The
19
Indonesian government even wanted to redefine the organization as a military
alliance, but the other states rejected this proposal. Thus the first summit
meeting eventually called forth the declaration of ASEAN concord and the
treaty of amity and cooperation in Southeast Asia (TAC).
The Treaty of Amity and Cooperation (TAC) in Southeast Asia agreed
on the following articles: mutual respect for the independence, sovereignty,
equality, territorial integrity, and national identity of all nations; the right of
every State to lead 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 manner; renunciation of the
threat or use of force; and effective cooperation among themselves. The treaty
envisaged these principles as the foundation of a strong Southeast Asian
community. It stated that “ASEAN political and security dialogue and
cooperation should aim to promote regional peace and stability by enhancing
regional resilience.” This resilience shall be achieved by cooperation among
the member countries in all fields.
c. The Dialogue System
ASEAN did not seclude itself completely. In 1977, at the Second
Summit in Kuala Lumpur the ASEAN heads of government agreed that the
association's economic relations with other countries or groups of countries
needed to be expanded and intensified. With such purpose, the ASEAN heads
Zealand, setting the first example of holding meetings with leaders of
non-ASEAN countries
Dialogues were held at various levels wide ranges, and more countries
joined the system after years - Republic of Korea (1991), China (1996), India
(1996), and Russia (1996). The United Nations Development Program (1977)
is the only dialogue partner that is not a sovereign state.
d. Member changes
ASEAN initiated with five original members, Indonesia, Malaysia,
Philippines, Singapore, and Thailand. No members left the association, and
Brunei Darussalam joined on 8 January 1984, Vietnam on 28 July 1995, Lao
PDR and Myanmar on 23 July 1997. Cambodia joined the association on 30
April 1999; a political crisis in Cambodia prevented this remaining Southeast
Asian country from joining ASEAN in 1997 as originally planned.
Although frequent meetings held between ministers and between
senior governments officials of the member states at times resulted in joint
statements, joint press releases, and joint communiques, they did not lead to
firm decisions or real actions. Consultations rather than solution or
formulation of specific policies were agreed upon; members of ASEAN
C. ASEAN Security Community Pillar
“Security” is, to be concise, the absence of violence and threat of violence.
According to Black’s Law dictionary, security is protection; assurance;
indemnification. The term is usually applied to an obligation, pledge, mortgage,
deposit, lien, etc., given by a debtor in order to make sure the payment
or performance of his debt, by furnishing the creditor with a resource to be used
in case of failure in the principal obligation. The name is also sometimes given to
one who becomes surety or guarantor for another.20
A “community,” aptly described by Acharya, is a group with a shared
identity and common norms.21 Community according to Black’s Law Dictionary
is Neighborhood; vicinity, synonymous with locality or a society of people living
in the same place, under the same laws and regulations, and who have common
rights and privileges or interests.22
ASEAN Security Community or ASEAN Security Community has
concern on the close co-operation and solidarity. The ASEAN has looking
forward on the establishment of ASEAN Security Community which has a vision
on the peace living, stability and prosperity, bonded together on partnership in
dynamic development and in community of caring societies. The threat of the
20
Henry Campbell Black, 1990, Black's Law Dictionary, Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern, 6th Edition, U.S.: West Publishing Co. p. 1522
21
Amitav Acharya, Op.cit. p. 89. 22
terrorism and its implications is the main factor why ASEAN needs to develop
ASEAN Security Community.23
D. ASEAN Security Community Blueprint
The ASC Blueprint is guided by the ASEAN Charter and the principles
and purposes contained therein. The ASC Blueprint builds on the ASEAN
Security Community Plan of Action, the Vientiane Action Program (VAP), as
well as relevant decisions by various ASEAN Sectoral Bodies. The ASEAN
Security Community Plan of Action is a principled document, laying out the
activities needed to realize the objectives of the ASEAN Security Community,
while the VAP lays out the measures necessary for 2004-2010.24 Both documents
are important references in continuing political and security cooperation. The
ASC Blueprint provides a roadmap and timetable to establish the ASC by 2015.
The ASC Blueprint would also have the flexibility to continue programs/activities
beyond 2015 in order to retain its significance and have an enduring quality
23
Bambang Cipto, Op. cit, p. 81.
24
Building the ASEAN Political-Security Community, The Jakarta Post, international law and policy analyst at the Cabinet Secretariat of Indonesia, See more at:
CHAPTER THREE
RESEARCH METHODS
A. Type of Research
This type of research uses normative legal research or doctrinal research
which means that this research is based on the library research, focusing on
reading and analysis of the primary and secondary materials.
25
This research not only used books but also legal documents and law
regulations such as United Nation Convention against Transnational Organized
Crime, ASEAN Declaration on Transnational Organized Crime and document of
ASEAN action of plan called as The Blueprint of ASEAN Security Community.
B. Type of Approach
This research used normative research that included statute approach and
analytical approach. Statute approach was used to review the regulations which
related to the issue of international security and transnational crime, meanwhile
the analytical approach was used to know the meaning of terms in laws and also
to know the implementation of it.26
25
Johnny Ibrahim, 2013, Teori & Metodologi Penelitian Hukum Normatif, Malang: Bayumedia Publising, p.46.
26
C. Types of Data
1. Primary legal materials consist of several conventions and regulations, as
follows:
a. The United Nation Convention against Transnational Organized Crime
(UNTOC)
b. ASEAN Declaration on Transnational Crime
c. Blueprint of ASEAN Security Community
d. Other similar conventions and regulations.
2. Secondary legal materials consist of several documents which were related to
the primary legal materials, as follows:
a. Books;
1) Amitav Acharya, 2009, Constructing a Security Community in
Southeast Asia: ASEAN and the Problem of Regional Order, Third Edition,” New York: Routledge Taylor and Francis group.
2) Bambang Cipto, 2007, Hubungan Internasional di Asia Tenggara:
Teropong Terhadap Dinamika, Realitas, dan Masa Depan,
Yogyakarta: Pustaka Pelajar.
3) Johnny Ibrahim, 2013, Teori & Metodologi Penelitian Hukum
Normatif, Malang: Bayumedia Publising.
b. Scientific Journals
1) Gerhard O. W. Mueller, 1998, “Transnational Crime: Definitions and
Concepts,” Transnational Organized Crime Vol. 4, Autumn/Winter.
2) Louise Shelley, 2005, “The Unholy Trinity: Transnational Crime,
Corruption, and Terrorism,” Brown Journal of World Affairs, Vol. XI,
Winter/Spring.
3) Gillian Goh, “The ‘ASEAN Way’ Non-Intervention and ASEAN’s
Role in Conflict Management”, Stanford Journal of East Asia Affairs,
Volume 3 No.1 (Spring 2003).
4) Other related journals.
c. Internet sites
1) About ASEAN, ASEAN Secretary, Available at
http://www.asean.org/asean/about-asean.
2) Association of Southeast Asian Nation, Council of Foreign Relation,
http://www.cfr.org/asia-and-pacific/asean-association-southeast-asian-nations.
3) United Nations Convention against Transnational Organized Crime
and the Protocols Thereto, UNODC,
https://www.unodc.org/unodc/treaties/CTOC/.
d. Other non-legal documents related to the issue
1) Building the ASEAN Security Community, The Jakarta Post,
international law and policy analyst at the Cabinet Secretariat of
Indonesia.
2) ASEAN to Enhance Cooperation in Combating Transnational Crime,
ASEAN Secretariat News.
3) Standing, André, rapporteur, December 2010. “Transnational
Organized Crime and the Palermo Convention: A Reality Check”,
New York: International Peace Institute.
4) Other non-legal documents.
3. Tertiary Legal Material
Tertiary legal materials include the dictionary and encyclopedia.
a. Beare, Margaret E., 2012, The Encyclopedia of Transnational Crime and
Justice, Toronto: SAGE Publications, Inc.
b. Black, Henry Campbell, 1990, Black's Law Dictionary, Definitions of the
Terms and Phrases of American and English Jurisprudence, Ancient and
D. Tools and Techniques for Collecting Data
The method of collecting data in this research was using library research
by literature learning.27 The method was conducted by collecting data through
reading and library studies which means that the inferences were constructed from
the correlated data such as book, convention, scientific journal, and others which
related to the research issues.
E. Analysis and Interpretation of Data
The data of this research were analyzed through descriptive qualitative. It
means that the author took descriptive information and offered an explanation or
interpretation.28 The information consisted of interview transcripts, documents,
blogs, surveys, pictures, and videos. Here, the author put great concern on the
international law focusing on the international security and transnational crime
which especially existed in Southeast Asia to answer the formulated problems.
27
Soekanto, Soerjono et al, 2015, Penelitian Hukum Normatif, Jakarta: Rajagrafindo Persada, p.24.
28
CHAPTER FOUR
FINDING AND ANALYSIS
A. The Implementation of Security Pillar in Combating Transnational Crime in Southeast Asia
International security is the problem that cannot be separated from
transnational crime.29 International security problem arose from the increasing of
the global markets, especially in illicit goods and services, and the emergence of
resilient cross-national crime groups. From those effects of globalization, the
crime does not only become a problem posed by a country or domestic problem
but also becomes a multinational problem that can emerge to be a common threat.
Since the security becomes the concern of the global states, the threats
transform into various form which is not only from one state. Threats are coming
from several groups, criminal gangs, epidemics, terrorism, from over population,
failed states, environmental things and many more. From the various threats, the
victim also becomes broader which includes the single individual (individual or
human security), society (societal security), and the globe (global security).
“Security can no longer be narrowly defined as the absence of armed conflict, be it between or within states. Gross abuses of human rights, the large-scale displacement of civilian populations, international terrorism,
29
the AIDS pandemic, drug and arms trafficking and environmental disasters present a direct threat to human security, forcing us to adopt a
much more coordinated approach to a range of issues.”30
The statement from Kofi Annan above described that security has a
diverse meaning which can be explained in various ways and exists in various
situations. Today, threat does not only come from wars that involve weapons, it is
leaning toward the actions like abusing human rights, massive human trafficking
and smuggling, international terrorism, health issues, natural disasters and many
more. Most importantly, it is closely related to issues that pressure others.
As the growth of the crime that can threat the stability of a state even a
region, the movement in overcoming the common threat need to be strengthened.
One of the ways in solving the common problem is creating a community in a
region, as like as what happened in Southeast Asia. The Southeast Asian countries
have created the security community in facing the globalization. This community
is the place for a region especially the Southeast Asian States which incorporated
in ASEAN that has an aim to create peace in term of security among the state
members in a long term.
ASEAN has required its community to respect the concept of the
“ASEAN Way” in order to maintain peace and security. It is necessary to explore
30
the main principles making up this notion of the “ASEAN Way” in order to
understand ASEAN’s approach to political conflict management. The ASEAN’s
Way sets forth five principles of security management through the ASEAN
Bangkok Declaration 1967 and the Treaty of Amity and Cooperation (TAC) in
Southeast Asia 1976, including:
1. Mutual respect for the independence, sovereignty, territorial integrity of all
nations;
2. The right of every state to lead its national existence free from external
interference, subversion and coercion;
3. Noninterference in the internal affairs of one another;
4. Settlement of differences and disputes by peaceful means; and
5. Renunciation of the threat of use of force.31
These principles illustrate that ASEAN member countries have made a pledge to respect the individual country’s sovereignty and jurisdiction in order to
avoid political intervention within its member countries. They have also agreed
on consensus decision-making in all concerns in order to promote equal voting
system that each member country has one vote.
The establishment of ASEAN Security Community creates a new
common condition in the community in resolving a problem. First, long term
31
interaction among the states makes the community more concerned in how to
confront and resolve the conflict, not on how to eliminate the differences of
viewing to resolve the conflict based on the perspective of each state. Second, the
security community is more to the group of states which had become integrated to
the point that the community will not fight each other physically than settle their
disputes in some other ways.
ASEAN Security Community plays important roles, roles of bridging
aspirations for peace, stability, democracy and prosperity in regional environment
in which the member countries of ASEAN live in peace with one another in a fair,
democratic, and harmonious environment. This pillar explains the principle of
comprehensive security that recognizes the interdependence of high political,
economic and social life of the regional environment. Moreover, ASC also looked
at political and social stability, economic prosperity and equality development as
a solid foundation for the ASEAN community, and would be appropriate in
achieving the programs that will be built on these basics.
Southeast Asia is the region which is potential in implementing the
community under the ASEAN. This statement was acknowledged by some
scholars whether within the region or outside of the region. One of the statement
was stated by Amithav Acharya in his book "Constructing a Security Community
ASEAN recognized as the pluralistic community region where each member
holds its sovereignty.
The dynamic development in the ASEAN region, even in a global area,
has brought a new complex challenge to ASEAN. This challenge encourages
ASEAN to take one step ahead towards ASEAN Way to Conflict Resolution
other than ASEAN Way to Conflict Management.32 In this context, the action
plan of ASEAN Security Community which is one of the pillars of ASEAN
community becomes very important to be implemented.
Through the establishment of ASEAN Security Community, the
member-state of ASEAN looking forward to create regional order in the framework to
strengthen the national defense together with support the world peace and
security. The regional order will be based on the norms and rules of good
relationships between countries, effective conflict prevention, resolution
mechanisms and post-conflict peace-building.
Those plans are existed in Article 10 of ASEAN Security Community
Blueprint which stated that ASEAN Security envisages the following three key
characteristics:
a) A Rules-based Community of shared values and norms;
32
b) A Cohesive, Peaceful, Stable and Resilient Region with shared
responsibility for comprehensive security; and
c) A Dynamic and Outward-looking Region in an increasingly integrated
and interdependent world.
The issue of transnational crime is one of the concerns of ASEAN
Security Community. ASEAN’s initial efforts in combating transnational crime
were focused on drug abuse and drug trafficking, the prevalent crime then, which
affected the growth and vitality of ASEAN. With globalization, technological
advancement and greater mobility of people and resources across national
borders, transnational crime has become increasingly pervasive, diversified and
organized. The region has to deal with many new forms of organized crimes that
transcend national borders and political sovereignty such as terrorism, new types
of drug abuse and trafficking, innovative forms of money laundering activities,
arms smuggling, trafficking in women and children and piracy.33
Since some meetings were held by the Ministers of ASEAN
members-state (ASEAN Ministerial Meeting) and the establishment of joining regulation
and cooperation, the ASEAN Leaders took more concern in action on combating
the transnational crime. The Ministers recognized the focus attention on such
crimes as drugs trafficking, environmental crimes and illegal migration, including
33
human trafficking. Those States leaders shared a view that the management on
transnational crime issues is urgent.
In the blueprint of ASEAN Security Community noted that the
transnational crime is the emergency crime which has to be handled soon. Hence,
the blueprint of ASC stipulated articles which planned to regulate and combat the
transnational crime which categorized as the non-traditional security threat.
The article which has stipulated in the Blueprint of ASC dealing with the
transnational crime is particularly in the Section B.4 (Non-Traditional Security
Issues). On this part, ASEAN has noted the purpose in respond to the
transnational crime issue.
1. Strengthen cooperation in addressing non-traditional security issues,
particularly in combating transnational crime and other transboundary
challenges.
2. Intensify counter-terrorism efforts by early ratification and full
implementation of the ASEAN Convention on Counter-Terrorism
In this blueprint, ASEAN has planned more to the action in building
cooperation within the member of ASEAN in combating such crimes by holding a
meeting and discussion which then becomes a multilateral or bilateral agreement
in combating transnational crime and transboundary matters. In this article, effort
by ASEAN has been shown in combating the transnational crimes through
The ratification and full implementation of the ASEAN Convention on
Counter Terrorism that are considered to become one of the ways in fighting the
non-traditional security threat have to be intensified by the member countries of
ASEAN.
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).34
In order to combating the transnational crime, ASEAN takes an initiative
by establishing ACTC (ASEAN Centre for Combating Transnational Crime) on
the 2nd Meeting of AMMTC (ASEAN Ministerial Meeting on Transnational
Crime) in June 1999. The ACTC is the initiative of ASEAN against transnational
crime which has a vision to promote data resource sharing, assist the program
activities in the action plan. It is also planned for having research capabilities to
conduct depth analyses on transnational crime activities to recommend
appropriate regional strategies to fight these felonious activities.
34
S. Pushpanathan, “The Paper on Combating Transnational Crime in ASEAN”, Paper presented at the 7th ACPF World Conference on Crime Prevention and Criminal Justice, 23-26 November 1999,
New Delhi, India), p.2, Available at
ASEAN Finance Ministers Meeting (AFMM) is the body which is
established to strengthen cooperation in combating trafficking in narcotics and
psychotropic substances, and will facilitate joint efforts in anti-smuggling and
customs control.35
The ASEAN Chiefs of National Police (ASEANAPOL) is the body
created by ASEAN which has a role in the preventive action, enforcement, and
operational aspects of cooperation against transnational crime. The body which
has a tagline “Together We Keep This Region Safe” based on secretariat which is
in a rotation of every member countries. Therefore the member countries taking
turns to host the ASEANAPOL Conference and automatically assume the role of
the secretariat for the current year.36
The body created by ASEAN which concerns on preventing and
combating the matters on narcotics and drugs is called as ASEAN Senior
Officials on Drug Matters (ASOD). ASOD has adopted the ASEAN Three-Year
Plan of Action on Drug Abuse Control. The action plan covers four priority areas
which are; preventive drug education, treatment and rehabilitation, enforcement,
and research.
Beside the body which established by ASEAN in order to combating the
transnational crime, some of the ASEAN countries has implemented the system
35
S. Pushpanathan, Ibid, p.2. 36
which called as Automated Border Control System (ABC). This system is very
integrated system which the function is maintaining security. The installation of
Automated Border Control (ABC) systems existed at a number of airports. In
Southeast Asia itself, this system has applied by Singapore, Thailand and
Indonesia.
Here we can see that ASEAN Security Community is one of the pillars of
the ASEAN community that is very important. The role of ASEAN Security
Community mentioned in Blueprint of ASC provides a mechanism for preventing
and resolving the conflict peacefully. This is accomplished through discussions
together to discuss political issues such as maritime security regional security,
expansion of defense cooperation, as well as non-traditional security issues
(transnational crime). Inn ASC Blueprint, the implementation of cooperation in
the field of combating transnational crime is a goal that should be prioritized.
B. The Challenge for Southeast Asia in the Security Matters
In October 2003, the Association of Southeast Asian Nations (ASEAN)
proposed the establishment of a security community for Southeast Asia by 2020.
This proposal involves the implementation of a substantial level of integration in
the security, economic, and sociocultural spheres of the ASEAN member states.
Southeast Asian states (and the communities they embrace) would reflect the
degree of trust, reciprocity, and cooperation.37
In facing the ASEAN Community, many countries in Southeast Asia
posed more significant challenges in making the security community, which is
one of the pillars of the ASEAN Community which has started by the end of
2015. One of the significant enemies faced by Southeast Asia is a common
security threat. The way how to fight the common threat becomes a big challenge
for Southeast Asian countries.
Common security threats are the sources of insecurity which potentially
destabilize the countries in the region significantly. Generally, conventional
threats/ traditional threats are one of the security aspects which is very sensitive
for ASEAN countries, since it relates directly to the issue of sovereignty, integrity
and viability of a country.
The traditional common security threats are limited to international field
of research, especially those related to the status of the countries in their
relationships with one another which only focuses from military point of view. It
is quite relevant because it has the potencies to open conflict between ASEAN
member states which are caused by armed conflicts, for example is the problem of
separatism and border conflicts. The emergence of terrorist attacks in ASEAN
37
countries or transnational organized crimes has changed the perception of a
traditional common threat in the region become more conventional than before
(non-conventional security). Transnational organized crime becomes one of
cross-border crime which is a new threat in the region.
The security threat which derives from the domestic insecurity is the
dominant factor which encourages the establishment of ASEAN. Since the threats
are always developed in line with the crimes, there makes some differences
between the traditional threat well known as conventional threat and the
non-traditional threat or non-conventional threat.
In fact similar to crime, a threat is always developed. The author makes a
table of differences of the threat. The table will make clear and easier on
differentiate the main dissimilarity of the threats. The table below indicates what
are the main differences between conventional threat and non-conventional threat.
The differences can be viewed from the influence to the common security, the
Table 1: The Differences of the Threat
Source: The compilation of some sources, like ASEAN Security Community Blueprint and Amithav
Acharya’s book.
No Threat Common Security Threat Actor Nature
1. Conventional Threat
Border Conflicts
Separatism
State Domestic
2.
Non-Conventional Threat
Transnational Crimes
- Piracy - Drugs and
Narcotics Trafficking
- Human Trafficking
and Smuggling
- Terrorism - Firearms
Trafficking
- Environmental
Resources Trafficking
From the table on the differences of the threat above, the differences
between the previous threat which is conventional threat and the recent threat or
non-conventional threat can be easily distinguished. The problem faced by
ASEAN today tends to the Transnational Crime or known as Transnational
Organized Crime (TOC).
The transnational crime has recognized in the principle international
agreement, the United Nation Convention against Transnational Organized Crime
(UNTOC), or the Palermo Convention.38 The United Nation also identified
transnational organized crime to the six major threats to a secure world. Among
the six threats some, such as civil war, small wars and poverty play a
criminogenic role while the effects of organized crime often has worse risks of
terrorism, revenue loss and the governance lapses that lead to conflict.39
38
The Palermo Convention, Op. Cit. 39
The risk identified by the UN High-level Panel on Threats, Challenges, and Change are: Economic and social threats, including poverty, infectious disease and environmental degradation; Inter-State conflict; Internal conflict, including civil war, genocide and other large-scale atrocities; Nuclear, radiological, chemical and biological weapons; Terrorism; and Transnational organized crime. The UN
Security Council reinforced the continued “…serious threat posed in some cases by drug trafficking
Some of the examples of the transnational crime which become a threat
faced by majority states in Southeast Asia are; Terrorism, Human Trafficking and
Smuggling and Drugs and Narcotics Trafficking.40
1. Terrorism
Terrorism is typically defined as premeditated, politically motivated
attacks or threats of attacks by sub-state actors (that is, groups that are smaller
than states) against noncombatants. Terrorists are those people who carry out
or aid and conspire in such attacks.41
Still, defining the meaning of terrorism is not such a simple process. It
becomes a debatable thing among the experts. They also have some debate
and opinion on the definition of terrorism, but this debate has been a
remarkable variety of approaches and definition.
One of the experts on terrorism studies, Walter Laqueur has noted that
more than a hundred definitions have been offered including several of his
own which says that terrorism is the fanaticism and the arms of mass
destruction. The British have defined terrorism as the use of threat for the
purpose of advancing a political, religious or ideological cause, and action
which involves serious violence against any person or property.42 Within the
40
Ralf Emmers, 2003, “The threat of transnational crime in Southeast Asia: drug trafficking, human smuggling and trafficking and sea piracy”, UNISCI Discussion Papers, No. 2, Universidad Complutense de Madrid, Madrid, Spain, p. 1.
41
Margaret E. Beare, 2012, The Encyclopedia of Transnational Crime and Justice, Toronto: SAGE Publications, Inc., p.400.
42
new environment, terrorists were now quite capable of using-and very willing
to use- weapon of mass destruction to inflict unprecedented casualties and
destruction on enemy targets.43
From the vary definitions of terrorism, there is much disagreement on
usage of the term. In the media and public, certain groups or actions are called
terrorist either because they involve certain types of attacks, such as suicide
bombing, or because they are otherwise abhorrent. If terrorism is to be studied
as a phenomenon, a definition that eschews value judgments and narrows the
term needs to be employed.
The following are the characteristics of terrorism44:
1. Modern terrorism:
a. Loose cell-based networks
b. Potential acquisition of weapons of mass destruction
c. Political vague, religious, or mystical motivations
d. Asymmetrical methods
2. Traditional terrorism:
a. Clearly identifiable organizations/ movements
b. Use of conventional weapons, usually small arms and explosives
43
Gus Martin, 2003, Understanding Terrorism: Challenge, Perspectives, and Issues, New York: Sage Publication, Inc., p.2.
44
c. Explicit grievances championing specific classes of ethno-national
groups
d. Relatively surgical selection of targets
Terrorism in Southeast Asia is not a new phenomenon. Still remained
in our memory the issue of terrorism has become a threat for Indonesia, which
is the bombing terror near the Sarinah shopping mall, Central Jakarta on
January 2016. Back to October 20th, 2002, the terrorist bombing in Bali were
killed over 200 people (then followed by another attack on Bali a year later).
Those issues were an important reason in bringing terrorism to the forefront of
ASEAN’s security concern. Terrorism is severe existential threat not only to
the national security but also to the stability of Southeast Asia.45
Because terrorism has attacks for numerous times in Southeast Asian
country, it is little wondering therefore that the international media have
pronounced Southeast Asia as “a terrorist haven”.46
The propagation of that
such perception becomes a tangible threat to the attacked country and perhaps
Southeast Asia.
Some countries, mostly the west countries consider that terrorism has
a close relationship to Islam. They often linked Islam religion to Al-Qaeda
45
Yordan Gunawan, 2014, ASEAN and the Regional Security Challenge: An Analysis of the Security Community and ASEAN Charter for Preventing the Terrorism in Southeast Asia, The 2nd CILS International Conference.
46
and ISIS (Islamic State of Iran and Syria) which is the radical Islamic
organization, they have a view that terrorism is Jihad in the way of God and
that’s the way to be a genuine Muslim. The people who embrace Islam
religion must hate the west perspective and bring down the secularism. By
contrast, the former Prime Minister of Malaysia, Dr. Mahathir Muhammad
angrily refused that his country, Malaysia- the country with Islam as a
majority religion47- linked to the global Al-Qaeda network.48
The perception of one sided- perceptions usually come when
intelligence or other government officials are prepared to provide data to
journalists or academics. It is usually off-the-record and only to those selected
individuals who can be trusted to accurately portrays what they have been
told, without them raising difficult or contentious issues. Moreover, less
knowledgeable government officials will, for various motives, provide unofficial ‘background’ briefings or leak classified material to journalists. The
danger here is that they may be pushing a particular inaccurate point of view,
something, Williams49 observes, is very common in Indonesia and the
Philippines.
47
Malaysia Religion Stats, Nation Master. Retrieved from http://www.nationmaster.com/country-info/profiles/Malaysia/Religion accessed on 27 February 2016 at 4:25 p.m.
48
Amithav Acharya, Op. Cit, p. 244. 49
2. Human Trafficking
Trafficking in persons, also called human trafficking, is defined in the
UN Convention Against Transnational Organized Crime and its supporting
document the Protocol to Prevent, Suppress, and Punish Trafficking in
Persons, Especially Women and Children as the following:
The recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.50
By the definition above, human trafficking refers to the transport of
people to an area where they will be exploited in some ways; it also refers to
an active process of recruitment and harboring them by using force or other
types of coercion. The exploitation can include forced labor, slavery in its
different forms, and the illegal trade of human body organs.
The fact shows that human trafficking is the fastest spreading and
growing crime all over the world. In line with the growing number of human
trafficking, many studies and research on identifying the actual number of
victim has been done. The recent International Labor Organization (ILO)
Global Alliance against Forced Labor report estimates that there are nearly 21
50
million people - Three out of every 1,000 people worldwide - are victims of
forced labor across the world, trapped in jobs which they were coerced or
[image:58.612.80.533.270.521.2]deceived into and which they cannot leave.
Figure 4.1: Global Forced
