National sovereignty over regional security in ASEAN?
                                                                                today are growing and are supported by strong financial linkages”
78
and that there is  a  need  for  strengthening  regional  dialogue  on  counter-terrorism  and
transnational  crimes,  without  jeopardizing  human  rights.  In  the  time  when  even AIDS  is  seen  as  the  cause  which  can  cause  military  conflict  and  have  negative
influence  on  the  regional  stability,  ARF  also  presumes  that,  among  illicit  drugs, infectious  diseases,  HIVAIDS,  human  trafficking  and  smuggling  and  more
others, terrorism is one of the biggest non-traditional security threats to ASEAN‟s
efforts  to  achieve  regional  integration,  bringing  to  the  confirmation  tha t,  what‟s
once  being  said  that  world  peace  was  maintained  by  the  theory  of  mutually assured  destruction;  now  we  are  trying  to  create  peace  by  mutual  dependence  is
now maybe more true than ever.
5.4 National sovereignty over regional security in ASEAN?
Mutual dependence was requiring from all states to fully implement the WMD treaties  and  conventions.  In  that  spirit  most  of  ASEAN  states  signed  the
Convention  on  the  Prohibition  of  the  Development,  Production,  Stockpiling  and Use of Chemical Weapons and on Their Destruction CWC and the Convention
on  the  Prohibition  of  the  Development,  Production  and  Stockpiling  of Bacteriological  Biological  and  Toxin  Weapons  and  on  Their  Destruction
BTWC. But their implementation still remains underachieved.
78
Co-Chairs’ “u ary Report ,
, Malaysia, http:aseanregionalforum.asean.orgfileslibraryARF20Chairmans20Statements20and2
0ReportsThe20Nineteenth20ASEAN20Regional20Forum,202011-20121120-20Co- Chairs20Summary20Report20-204th20ARF20ISM20on20NPD,20Sydney.pdf
,  p. 3
The  Organization  for  the  Prohibition  of  Chemical  Weapons  report  in  2006 showed  only  Indonesia,  Malaysia,  Cambodia  and  Viet  Nam  as  countries  that
developed  national  protection  programs,  Brunei  and  Laos  as  countries  that  have only  inspection  of  the  imported  chemical  precursors  and  limited  licensing
procedures.  Myanmar  and  Thailand  are  still  not  reporting  about  their  national controls.  All of those are related to the chemical weapons controls. In the field of
biological weapons those controls are almost non-existing. Biosecurity legislation exist  in  Malaysia  -  the  Poisons  Act  of  1952,  the  Prevention  and  Control  of
Infectious  Disease  Act  of  1988  and  the  Occupational  Safety  and  Health  Act  of 1994. But none of these are correlated to the bioterrorism.
In order to bring to the mutual benefit of bio-terrorism threat free region, the Philippines and the US took the lead on bioterrorism and biosecurity issues, which
so far, produced ARF Bio-Risk Management Workshop in Manila, the Philippines on  28-30  September  2010.
That  workshop  brought  to  the  cooperation  of  the agencies fighting disease outbreaks.
Following the same path, Malaysia, Indonesia and the Philippines signed an agreement that has the cooperation of the authorities
as the main goal. Sharing the information on airline passenger lists and databases of  fingerprints,  is  one  of  the  big  steps,  by  the  agreement,  that  is  expected  to  be
followed by the other ASEAN members, too.
What  is  also  being  emphasized,  besides  strengthening  of  national legislations  regarding  WMD,  are  needs  for  stronger  export  controls.  That  issue
was specially discussed during the 11th ASEAN Regional Forum held in Jakarta
on 2 July 2004. ASEAN‟s export control systems are seen as weak, except the one
practiced in Singapore. Most of the member states do participate in the workshops or  seminars  concentrating  on  the  strengthening  of  domestic  measures  within
export control system, but not so many of them is applying the knowledge gain on those programs.  Many of those programs were organized  by  Track II diplomacy
body,  CSCAP.  As  an  exception,  Indonesia  has  been  trying  to  secure  nuclear materials  within  its  borders,  but  her  export  controls  are  still  far  from  good
legislation. Same problem occurred with Thailand. the Philippines, which is in the process  of  establishing  a  comprehensive  export  control  regime  to  deal  with
nuclear  materials  and  chemical  substances,  but  with  no  biological  weapons controls.  Malaysia  admitted  that  its  trade  regulations  were  driven  by  economic
rather than security considerations and explained that it was not a lack of capacity that  was  hindering  the  development  of  a  more  comprehensive  export  control
system.  The  importance  of  good  export  control  systems  should  come  together with  the  developing  means  of  transportation,  but  also  the  rising  issues  of  people
smuggling  and  trafficking,  bringing  to  the  possibilities  of  the  infections  being easier transmitted.
As  was  said,  the  ARF  was  designed  to  foster  constructive  dialogue  and consultation on political and security issues of common interest. Through political
dialogue  and  confidence-building,  no  tension  has  escalated  into  armed confrontation  among  ASEAN  members  since  its  establishment.  Now,  the
assumption is that the same results can be expected in the field of bio-threats. In 2007,  during  the  ASEAN  counterterrorism  workshop  in  Jakarta  which  hosted,
except  ASEAN  members,  and  bioterrorism  experts  from  the  United  Nations Office  on  Drugs  and  Crime,  the  International  Criminal  Police  Organization,  the
Singapore  Police  Force  and  the  Hong  Kong  Police,  one  of  the  main  conclusions was that “the law enforcers are expected to share their experiences in preventing
bioterrorism threats and to cooperate in dealing with terrorism acts”.
79
Again,  in January 2012, during the ASEAN  workshop on forging cooperation among anti-
terror  units  in  Jakarta  ASEAN  and  Canada  “agreed  to  take  joint  preventive measures against bio-
terrorism.”
80
It is evident that ARF is creating reports and documents emphasizing the need of cooperation, but with no significant follow up.  That follow up should include
not just the cooperation with G8, but with all big organizations around the world. Since  now,  although  it  emphasized  the  importance  of  the  cooperation  with  its
neighbors and the fact that Australia is the part of the A RF, none of the ASEAN‟s
members is the member of the Australia Group AG. AG was established in 1985 for  preventing  the  spread  of  chemical  weapons  but  in  1992  reorganized  itself  to
deal  with  biological  weapons.  There  are  presently  30  members  of  the  Group, including:  Japan,  New  Zealand,  and  Republic  of  Korea,  but  no  members  from
South-East  Asia.  In  so  far  work,  the  AG  made  important  guidelines  which biological  agent,  plants,  animal  pathogens  and  biological  facilities  should  be
controlled  by  domestic  export  control  laws.  What  is  considered  to  be  important,
79
Jakarta Post,
2007, ASEAN
told to
prepare for
bioterrorism ,
http:www.techzone360.comnews200707132781448.htm , [15.06.2013]
80
Press TV,
ASEAN, Canada
to fight
bio-terrorism ,
26.01.2008, http:edition.presstv.irdetail40349.html
, [23.06.2013]
by  the  authors  opinion,  is  that  the  group  gave  recommendations  that  legal  and financial  assistance,  need  for  the  realization  of  those  guidelines,  should  be
provided  to  the  developing  countries.  What  should  be expected  of  ASEAN  is  to get  involved  with  the  help  and  mechanism  that  are  already  on  its  disposals,  and
support assistance and initiatives going on the ministerial level focusing on threats like is bioterrorism. Leading countries in providing those assistance in the region
are Australia, Japan and the US. Why is relation with Australia also out of great importance  is  security  of  the  borders,  especially  with  Indonesia.  Concern  for
Australia  rises  with  every  boat  carrying  illegal  immigrants  that  are  entering  the country and assimilating with local people without any health controls. For those
purposes  Australia  is  establishing  deeper  cooperation  with  Jakarta,  providing financial support for the military and police. The same methodology was used in
the ASEAN-Canada cooperation which concentrated on workshops on preventing
bioterrorism  and  on  cooperation  among  anti-terror  agencies,  as  well  as implementation  of  Canada-Asia  Regional  Emerging  Infectious  Diseases  such  as
avian influenza and pandemic influenza.
One  of  the  biggest  surprises  came  at  the  14th  ASEAN  Regional  Forum,  in 2007, with a suggestion to form a new regional body which will concentrate only
on disarmament and non-proliferation issues. Although the idea was welcomed in the  international community,  it  never  came  to  a  realization.  By  not  realizing  the
suggestion,  the  opinion  of  ASEAN  as  an  organization  of  low  institutionalization and  non-binding  decisions,  principles  of  consensus  and  non-interference,
diplomatic  tradition  that  “have  contributed  to  this  situation  by  placing  informal
dialogue above more concrete forms of cooperation. Although this has played an important  role  in  fostering  trust  and  confidence  it  has  sometimes  left  a  gap
between words and deeds, ”
81
became much stronger. As Reuters noted, the World Health Organization has tried to persuade Indonesia and other countries to share
their  samples  of  avian  flu  H5N1  with  the  international  scientific  community. “Previously,  Indonesia  had  declined  to  do  so  under  a  principle  its  government
called  „viral  sovereignty,‟  by  which  it  meant  that  microbes  found  in  Indonesia belonged to the state and did not have to be shared with outsiders.”
82
On one hand this stand is confirming the strong sense of sovereignty that exists within ASEAN
states,  and  that  stand  is  keeping  them  away  from  the  political  integration  Haas was  mentioning,  but
not as far from Deutsch‟s security community that doesn‟t required  so  formal  institutions  as  long  as  they  are  contributing  to  the  peaceful
transition  among  the  states.  On  another  hand  the  the  stand  is  rising  the  concern among  international community.  If  Thailand  and  Jakarta  were  denying  existence
of terrorism within its territories and then faced with bomb attacks,  does it mean that refusing to give an insight into the microbes is a denial of bio potentials that
would, eventually, lead to bio-attack?
                