Among the most influential organisations in the Asia–Pacific region is the Association of Southeast Asian Nations (ASEAN), which was established in 1967. The organisation currently has 10 member countries including Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. ASEAN is, for the most part, concerned with trade and economic cooperation, but is also addressing other matters of so-called ‘functional cooperation’ and development, including some environmental issues.
Beginning in 1981 with the Manila Declaration on the ASEAN Environment (reprinted in Koh 1996: 4–5), the organisation has produced a range of general declarations on environmental matters. See, for example, the Bangkok Declaration on the ASEAN Environment, 20 November 1984 [reprinted in Koh 1996: 18–21] and other statements relating to specific issues (Boer, Ramsay & Rothwell 1998: 43) such as heritage parks and reserves (see, for example, ASEAN Declaration on Heritage Parks and Reserves, Bangkok, 20 November 1984 [reprinted in Koh 1996: 14–15]; ASEAN Declaration on Heritage Parks, Yangon, 18 December 2003 available at http://www.aseansec.org/15524.htm, accessed 8 January 2007) and sustainable development (see, for example, Jakarta Resolution on Sustainable Development, 30 October 1987 [reprinted in Koh 1996: 52–53]; Kuala Lumpur Accord on the Environment and Development, 19 June 1990 [Koh 1996: 66–67]; Singapore Resolution on Environment and Development, 18 February 1992 [Koh 1996: 71–76]; Bandar Seri Begawan Resolution on Environment and Development, 26 April 1994 [Koh 1996: 78–79];
Yangon Resolution on Sustainable Development, 18 December 2003 available at http://
www.aseansec.org/15522.htm, accessed 8 January 2007). In addition, ASEAN maintains several working groups that touch on environmental matters, including one working group on multilateral environmental agreements and another on nature and biodiversity (Keyuan 2004: 350–351).
The earliest ASEAN document relating specifically to timber and forests dates back to 1981 when the ASEAN Economic Ministers on Agriculture and Forestry concluded the Jakarta Consensus on ASEAN Tropical Forestry (reprinted in Koh 1996: 8–11). This document sets out the parameters of a common ASEAN Forestry Policy to address issues such as conservation, reforestation, management and use of forest resources, research and development and education and training (Article I). The consensus further promotes technical cooperation in this field and proposes creation of a suitable institution to facilitate regional cooperation.
In 1985, ASEAN concluded a regional Agreement on the Conservation of Nature and Natural Resources, adopted in Kuala Lumpur on 9 July 1985 (reprinted in Koh 1996: 28–47).
At the time of its inception, some considered this Agreement as ‘the most modern regional instrument ever adopted in the field of conservation’ (Mushkat 1989: 26–27; Rummel-Bulska
& Osafo 1991: 343–351). The ‘fundamental principle’ of the Agreement, as stated in Article 1, paragraph 1, is to provide for:
measures necessary to maintain essential ecological process and life-support systems, to preserve genetic diversity, and to ensure the sustainable
utilization of harvested natural resources under their jurisdiction in accordance with scientific principles and with a view to attaining the goal of sustainable development.
‘To this end’ states Article 1, paragraph 2, the Contracting Parties ‘shall develop national conservation strategies, and shall co-ordinate such strategies within the framework of a conservation strategy for the region.’
The Agreement encourages development of national strategies ‘to conserve animal and plant species’ and ‘to ensure sustainable use of harvested species; protect endangered species; and conserve endemic species’ (Article 3, paragraph (2)). More specifically, the Convention protects a range of ‘endangered’ and ‘threatened’ species listed in the Appendix by regulating trade in these species and prohibiting removal of those species except in special circumstances with the consent of the designated authorities (Article 5) (Crawford 1992: 37–38). At the inception of the Agreement, the Appendix only contained fauna; no plants were included in the list of endangered and threatened species (Koh 1996: 46–47).
In relation to the protection of species, the ASEAN Agreement is designed to complement the obligations under CITES.
With regard to timber and forest resources, the Agreement contains specific provisions in Article 6:
(1) The Contracting Parties shall, in view of the role of vegetation and forest cover in the functioning of natural ecosystems, take all necessary measures to ensure the conservation of the vegetation cover and in particular of the forest cover on lands under their jurisdiction.
(2) They shall, in particular, endeavour to (a) – control clearance of vegetation;
– endeavour to prevent bush and forest fires;
– prevent overgrazing by, inter alia, limiting grazing activities to periods and intensities that will not prevent regeneration of the vegetation;
(b) regulate mining and mineral exploration operations with a view to minimizing disturbance of vegetation and to requiring the rehabilitation of vegetation after such operations;
(c) set aside areas as forest reserves, inter alia, with a [view] to conserve the natural forest genetic resources;
(d) in reforestation and afforestation planning avoid as far as possible monoculture causing ecological imbalance;
(e) designate areas whose primary function shall be the, [sic] maintenance of soil quality in the catchment considered and the regulation of the quantity and quality of the water delivered from it;
(f) ensure to the maximum extent possible the conservation of their natural forests, particularly mangroves with a view, inter alia, to maintaining maximum forest species diversity;
(g) develop their forestry management plans on the basis of ecological principles with a view to, maintaining potential for optimum sustained yield and avoiding depletion of the resource capital.
Further provisions on environmental degradation and environmental planning measures can be found in Articles 10, 12 and 13. The Agreement also proposes creation and management of protected areas ‘for the purpose of safeguarding ... the ecological and biological
processes essential to the functioning of the ecosystems of the region and satisfactory population levels for the largest possible number of species of fauna and flora belonging to those ecosystems’ (Article 13) (Boer, Ramsay & Rothwell 1998: 112–114).
The 1985 ASEAN Agreement requires a serious commitment to forest protection in a broader environmental context. Few Member Countries have been willing to make that commitment; in fact, so few that the Agreement is still not in force (Birnie & Boyle 2002:
633). While at the time of its inception the Agreement was praised for its ‘admirable and innovative features’ (Boer, Ramsay & Rothwell 1998: 228), in practice, the Agreement has failed to establish a multilateral, enforceable framework for environmental protection in ASEAN Member States. Most countries have been unable or unwilling to meet the obligations stipulated in the agreement (Keyuan 2004: 351).
In 1978, ASEAN launched its first Environment Programme (ASEP) (Koh 1996: 90–113), a regional strategy designed to coordinate efforts in ASEAN Member Countries to address some key environmental issues of common concern. The ASEP was designed for phases of five years duration, and priority areas and goals are to be formulated at the end of each phase. The issue of illegal logging and deforestation was first recognised in Phase II of ASEP (ASEAN Environment Programme (ASEP) Phase II 1983–87, reprinted in Koh 1996: 121).
In 1994, ASEP was changed into a Strategic Plan of Action for the Environment, a new five-year plan for the period 1994–98. The new plan advocates 10 key strategies ‘to deal with environmental problems in a cooperative framework’ (Koh 1996: 182). The strategies and action plan formalises cooperation in the area of nature conservation and biodiversity (Keyuan 2004: 351; Mushkat 1989: 26) but does not include any specific steps to address the issues of illegal logging and trafficking in timber. Current ASEAN Plans of Action relating to environmental issues do not address these issues either (for a complete list see http://
www.aseansec.org/8923.htm [accessed 8 January 2007]).
In summary, ASEAN’s cooperation on environmental issues has produced a large number of documents but no framework of useful law or enforceable policies about trafficking in timber and timber products. For fear of interference with domestic issues of national sovereignty, ASEAN, whose members are home to the majority of tropical forests in the region, has been unable to come up with comprehensive plans and mechanisms to prevent and suppress illegal logging and the illicit trade in timber in the region. However, ASEAN, like no other organisation in the region, is best positioned to lead the way in environmental cooperation in Southeast Asia as it can create strong economic incentives for, and exercise peer pressure
on, countries that are particularly vulnerable to illegal logging. It would be desirable for ASEAN to strengthen its mandate and activities in this field and also work closely with non-member states in the region.