Brief Summary
This video presents the ASEAN Convention on Counter-Terrorism, signed in 2007. It outlines a framework for regional cooperation to prevent and suppress terrorism, enhance cooperation among law enforcement agencies, and address the root causes of terrorism. The convention also covers jurisdictional issues, fair treatment of individuals, and mutual legal assistance.
- Establishes a framework for regional cooperation in countering terrorism.
- Defines criminal acts of terrorism based on existing international treaties.
- Promotes cooperation in areas such as information exchange, border control, and capacity building.
- Addresses jurisdictional issues, extradition, and fair treatment of individuals.
The ASEAN Convention on Counter-Terrorism involves Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam, collectively referred to as "the parties." The convention references the UN Charter, international law, counter-terrorism conventions, and UN resolutions, reaffirming commitment to human rights, fair treatment, the rule of law, and principles in the Treaty of Amity and Cooperation in Southeast Asia. It emphasizes that terrorism should not be associated with any religion, nationality, or ethnic group, recalling previous ASEAN declarations and action programs against terrorism. The document expresses deep concern over the threat terrorism poses to innocent lives, infrastructure, the environment, and regional stability, stressing the importance of addressing the root causes of terrorism.
The primary objective of this convention is to establish a framework for regional cooperation to counter, prevent, and suppress terrorism in all its forms. It aims to deepen cooperation among law enforcement agencies and relevant authorities of the participating parties in encountering terrorism.
This article defines "offense" for the convention's purposes by referencing a list of international treaties. These include conventions related to aircraft seizure, aviation safety, crimes against internationally protected persons, hostage-taking, nuclear material protection, airport violence, maritime navigation safety, terrorist bombings, terrorism financing, and nuclear terrorism. A party not already part of a listed treaty can declare it not included in the convention's application to them, with the declaration ceasing effect once the treaty is in force for that party. Similarly, a party ceasing to be a party to a listed treaty can make a declaration regarding that treaty.
The parties are obligated to fulfill their duties under this convention in accordance with the principles of sovereign equality, territorial integrity of states, and non-interference in the internal affairs of other parties.
This article clarifies that the convention does not authorize any party to exercise jurisdiction or perform functions in another party's territory that are exclusively reserved for that other party's authorities under its domestic laws.
The convention does not apply when the offense is committed within a single party, the alleged offender and victims are nationals of that party, the alleged offender is found in that party's territory, and no other party has a basis to exercise jurisdiction under the convention.
The areas of cooperation under this convention may include measures to prevent terrorist acts, prevent the use of territories for terrorist purposes, suppress the financing of terrorist acts, prevent the movement of terrorists through border control, promote capacity building, enhance public awareness, enhance cross-border cooperation, enhance intelligence exchange, develop regional databases, strengthen capability to deal with CBRN (chemical, biological, radiological, nuclear) terrorism and cyber terrorism, undertake research and development on counter-terrorism measures, encourage the use of video conferencing for court proceedings, and ensure that those involved in terrorist acts are brought to justice. Subject to consent, parties will cooperate to address the root causes of terrorism.
A party must establish jurisdiction over offenses covered in Article 2 when the offense is committed in its territory, on a vessel or aircraft flying its flag, or by a national of that party. A party may also establish jurisdiction when the offense is committed against a national of that party, against a state or government facility abroad, to compel that party to act or abstain from acting, or by a stateless person with habitual residence in its territory. Additionally, a party must establish jurisdiction when the alleged offender is present in its territory and is not extradited to a party with established jurisdiction. The convention does not exclude any criminal jurisdiction established by a party's domestic laws.
Any person taken into custody or subjected to measures under this convention is guaranteed fair treatment, including all rights and guarantees in conformity with the laws of the party in whose territory they are present and applicable international law, including human rights law. Upon receiving information that a person who has committed an offense covered in Article 2 may be present in its territory, the party concerned must take measures to investigate the facts. If warranted, the party must take appropriate measures to ensure the person's presence for prosecution or extradition. The person is entitled to communicate with a representative of their state, be visited by a representative, and be informed of their rights. When a party takes a person into custody, it must notify parties with established jurisdiction and, if advisable, other interested parties.
The parties should adopt measures, including national legislation, to ensure that offenses covered in Article 9 are not justifiable under any circumstances. The parties shall establish channels of communication between their competent agencies to facilitate the exchange of information to prevent the commission of offenses. The party where the alleged offender is prosecuted shall communicate the status of the case to other parties claiming jurisdiction.
Parties must take appropriate measures, in conformity with their domestic laws and international law, including human rights standards, before granting refugee status to ensure that the asylum seeker has not planned, facilitated, or participated in terrorist acts.
The parties should endeavor to promote the sharing of best practices on rehabilitative programs, including social reintegration, for persons involved in the commission of offenses covered in Article 2, with the objective of preventing the perpetration of terrorist acts.
The parties shall afford the widest measure of assistance in connection with investigations or criminal proceedings brought in respect of the offenses covered in Article 2, in conformity with their domestic laws. Parties that are also parties to the treaty on Mutual Legal Assistance in Criminal Matters done in Kuala Lumpur on November 29, 2004, will carry out their obligations under paragraph one of this article in conformity with that treaty.
If a party in whose territory an alleged offender is present does not extradite that person, it is obliged to submit the case to its competent authorities for prosecution. The offenses covered in Article 2 are deemed included as extraditable offenses in any extradition treaty existing between the parties. A party that makes extradition conditional on the existence of a treaty may consider this convention as a legal basis for extradition.
None of the offenses covered in Article 2 shall be regarded as a political offense for the purposes of extradition or mutual legal assistance. A request for extradition or mutual legal assistance based on such an offense may not be refused on the sole ground that it concerns a political offense.
Each party shall designate a central authority or coordinating structure to enhance cooperation under this convention.
The relevant Asian sectoral bodies involved in Asian cooperation on countering terrorism shall be responsible for monitoring and reviewing the implementation of this convention.
Each party must preserve the confidentiality of documents, records, and information received from any other party. No document, record, or other information obtained pursuant to this convention shall be disclosed to any other party without the prior written consent of the providing party.
This convention does not diminish obligations between the parties under other international agreements, nor does it prevent the parties from providing assistance to each other under other international agreements or their domestic laws.
Any dispute between the parties arising from the interpretation or application of this convention shall be settled amicably through consultation and negotiation or other peaceful means.
The convention is subject to ratification or approval according to the internal procedures of the parties. The instruments of ratification or approval shall be deposited with the Secretary-General of ASEAN, who will inform the other parties.
The convention enters into force 30 days after the deposit of the sixth instrument of ratification or approval with the Secretary-General of ASEAN. For parties ratifying or approving after this, it enters into force on the date their instrument is deposited. The convention may be modified or amended by mutual written consent of the parties.
Any party may withdraw from this convention after its entry into force. Withdrawal is notified via an instrument to the Secretary-General of ASEAN and takes effect 180 days after receipt.
The Secretary-General of ASEAN shall register this convention with the United Nations Secretariat. The convention was done at Cebu, Philippines, on January 13, 2007, in a single original copy in the English language.
Transcript
Full transcript of “Association of Southeast Asian Nations Convention on Counter Terrorism”. Click a timestamp to open the video at that moment. Need another video? Use the YouTube transcript generator.
0:00 Association of Southeast Asian Nations convention on counter-terrorism signed in serbu on the 13th of January 2007 entry into force in accordance with article 21 of the convention depository secretary-general of the Asian member countries of the association of Southeast Asian Nations asean a Brunei Dara Salam 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 Vietnam here enough referred to as the parties
0:45 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 incorporation in Southeast Asia done at Bali on the 24th of February 1976. reaffirming that terrorism cannot and should not be associated with any religion nationality civilization or ethnic group recalling also the Asian Declaration on
1:32 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 Program done at Vientiane on the 29th of November 2004 particularly its thrust on shaping and sharing of norms and the need among others to work towards the conclusion of an Asian Mutual legal assistance agreement and an Asian convention on counter-terrorism and the establishment of an Asian extradition treaty is envisaged by the 1976 Declaration of asean Concord deeply concerned over the grave danger posed by terrorism to innocent lives
2:17 infrastructure and the environment Regional and international peace and stability as well as to Economic Development realizing the importance of identifying and effectively addressing the route causes of terrorism in the formulation of any country 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 in a direct challenge to the attainment of Peace progress and prosperity for asean and the realization of asean vision 2020. reaffirming our strong commitment to enhance cooperation in countering terrorism which covers the prevention
3:03 and suppression of all forms of terrorist Acts reiterating the need to improve Regional cooperation on counter-a-terrorism and undertake effective measures through deepening cooperation among Asian law enforcement agencies and relevant authorities encountering 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 1 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 Corporation among law enforcement agencies and relevant authorities of the
3:50 parties encountering terrorism Article 2 criminal acts of terrorism 1. for the purposes of this convention offense means any of the offenses within the scope of and as defined in any of the treaties listed as follows a convention for the suppression of unlawful seizure of aircraft signed at the Hague on the 16th of December 1970. B convention for the suppression of unlawful acts against the safety of civil aviation concluded at Montreal on the 23rd of September 1971. C convention on the prevention and Punishment of crimes against internationally protected persons including diplomatic agents adopted in
4:38 New York on the 14th of December 1973. D International Convention Against The Taking of hostages adopted in New York on the 17th of December 1979. E convention on the physical protection of nuclear material adopted in Vienna on the 26th of 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 the 24th of February 1988. G convention for the suppression of unlawful acts against the safety of
5:25 Maritime navigation done at Rome on the 10th of March 1988. H protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf done at Rome on the 10th of March 1988. I International Convention for the suppression of terrorist bombings adopted in New York on the 15th of December 1997. J International Convention for the suppression of the financing of terrorism adopted in New York on the 9th of December 1999. K International Convention for the suppression of Acts of new act clear terrorism adopted in New York on the 13th of April 2005.
6:12 L Amendment to the convention on the physical protection of nuclear material done at Vienna on the 8th of July 2005. M protocol of 2005 to the convention for the suppression of unlawful acts against the safety of Maritime navigation done at loner Dawn on the 14th of October 2005 and n 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 the 14th of October 2005. 2. on depositing its instrument of ratification or approval a party which is not a party to a treaty listed in
6:59 paragraph one 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 one 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 depository as stated in paragraph 2 of article 20 of this entry into Force 3. when a party ceases to be a party to a treaty listed in paragraph one of this article it may make a declaration as provided for in this article with respect to that treaty article 3 Sovereign equality territorial integrity and non-interference the parties shall
7:45 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-a interference in the internal affairs of other parties Article 4 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 offense is committed within a single party the alleged offender and the victims are Nationals of that party the alleged offender is found in the
8:31 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 too a 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 B 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
9:19 seed prevent and suppress the financing of terrorist Acts D 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 e promote capacity a building including trainings and Technical cooperation and the holding of regional meetings F promote public awareness and participation in efforts to counter terrorism as well as enhance interior faith and into a faith dialogue and dialogue among civilizations G enhance cross a border cooperation
10:05 H enhance intelligence exchange and sharing of information I enhance existing cooperation towards developing Regional databases under the purview of the relevant Asian bodies J strengthen capability and Readiness to deal with chemical biological radiological nuclear cbrn terrorism cyber terrorism and any new forms of terrorism K undertake research and development on measures to counter-terrorism L encouraged the use of video conference or teleconference facilities for court proceedings where appropriate and M ensure that any person who participates in the financing planning
10:52 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 route 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 7 State jurisdiction 1. a party shall take such measures as may be necessary to establish its jurisdiction over the offenses covered in Article 2 of this convention when a the offense is committed in the territory of that party or B the offense is committed on board of essel flying the flag of that party or
11:39 an aircraft which is registered under the laws of that party at the time the offense is committed or seed the offense is committed by a national of that party 2. a party may also establish its jurisdiction over any such oh far fence when a the offense is committed against a national of that party or B the offense is committed against a state or government facility of that party abroad including its Embassy or other diplomatic or Consular premises or see the offense is committed in an attempt to compel that party to do or to abstain from doing any actor D the offense is committed by a stateless person with habitual residence in the territory of that party 3. a party shall
12:28 likewise establish its jurisdiction over the offenses covered in Article 2 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 one or two 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 8 fair treatment 1. any person who is taken into custody or regarding who many other measures are taken or proceedings are carried out pursuant to this convention shall be guaranteed fair treatment including enjoyment of All
13:13 rights and guarantees in Conformity with the laws of the party in the territory of which that person is 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 offense covered in Article 2 of this convention may be present in its territory the party concerned she'll 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 she'll take the appropriate measures under its domestic laws so as to ensure that persons
14:01 presence for the purpose of prosecution or extradition 4. any person regarding who measures referred to in paragraph 3 of this article are being taken shall be entitled a to communicate without delay with the nearest appropriate representative of the state of which that person is a national law which is otherwise entitled to protect that person's rights B to be visited by a representative of that state see 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 four of this article shall be exercised in
14:46 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 one or two of article 7 and if it considers it advisable any other interested parties of the fact that such person is in custody and of
15:31 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 9 General Provisions 1. the parties should adopt such measures as may be necessary including where appropriate National legislation to ensure the defense is covered in Article 2 of this convention especially when it is intended to intimidate a population or to compel a government or an international organization to do or to abstain from doing any act are under no circumstances justifiable by
16:17 considerations of a political philosophical ideological racial ethnic religious or other similar nature 2. pursuant to article via 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 offenses covered in Article 2 of this convention three 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
17:03 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 whether parties recognize 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 11 rehabilitative programs the parties shall Endeavor to promote the sharing of best practices on rehabilitative programs including where appropriate social reintegration of persons involved in the commission of any of the offenses covered in Article 2 of this convention with the objective of
17:49 preventing the perpetration of terrorist acts article 12 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 offenses covered in Article 2 of this convention 2. the party's shall where they are parties to the treaty on Mutual legal assistance in criminal matters done in Kuala Lumpur on the 29th of November 2004 carry out their obligations under paragraph one of this article in deformity with that treaty Article 13 extradition 1. the party in the
18:36 territory of which the alleged offender is present shall in cases to which article 7 of this convention applies if it does not extradite that person be obliged without exception whatsoever and whether or not the offense 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 offense of a grave nature under the domestic laws of that party 2. the offenses covered in Article 2 of this convention shall be deemed to be included as extraditable offenses in any extradition treaty existing between any
19:22 of the parties before the entry into force of this convention the parties undertake to include such offenses as extraditable offenses 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 add its option and in Conformity with its domestic laws consider this convention as a legal basis for extradition in respect of the offenses covered in Article 2 of this convention article 14 political offenses exception none of the offenses covered in Article 2 of this
20:07 convention shall be regarded for the purposes of extradition under article 13 of this convention or Mutual legal assistance in criminal matters under article 12 of this convention as a political offense or as an offense connected with a political offense or as an offense inspired by political motives accordingly a request for extraditional for Mutual legal assistance in criminal matters based on such an offense may not be refused on the sole ground that it concerns a political offense or an offense connected with a political offense or an offense inspired by political motives Article 15 designation of central authorities or coordinating structures each party shall designate as appropriate a central Authority or
20:53 coordinating structure to enhance co-operation under this convention article 16 implementation monitoring and review the relevant Asian sectoral bodies involved in Asian corporation on countering terrorism shall be responsible for monitoring and rear viewing the implementation of this convention article 17 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 to 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
21:39 the prior written consent of the party which provided such document record or information article 18 relationship with other International instruments this convention shall not derogate from obligations subsisting between the party's pursuant to other International agreements nor whether 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 19 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 paradise
22:24 through diplomatic channels or any other peaceful means for the settlement of disputes as agreed upon between the parties article 20 ratification approval and depository 1. this convention shall be subject to ratification or approval in accordance with the internal procedures of the parties too 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 21 entry into force and Amendment 1. this convention shall enter into force on the 30th 30th day following the date of the deposit of the 6th 6th instrument of ratification or
23:10 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 sixth 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 pursue fluent 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
23:56 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 data 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 all based on the provisions of this convention before the entry into force of such modification or Amendment article 22 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
24:42 secretary-general of asean 3. the withdrawal shall take effect 180 180 days after the receipt of the instrument of withdrawal by the secretary-general of asean 4. the secretary-general of Asian shall promptly notify all the other parties of any withdrawal article 23 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 Sabu Philippines this 13th day of January in the Year 2007 in a single original copy in the English language
