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Joint Declaration of ASEAN and China On Cooperation in the Field of Non-traditional Security Issues
(Phnom Penh4 November 2002)
2002/11/04

We, the Heads of State/Government of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Viet Nam and the People's Republic of China, gathered in Phnom Penh, Cambodia for the Sixth China-ASEAN Summit,

Recallingthe Joint Statement of the Meeting of the Heads of the State/Government of the Member States of ASEANand of the People's Republic of Chinain 1997, which contains the commitment to strengthening dialogue and cooperation in all fields with the aim to enhance mutual understanding, expand mutual benefit and consolidate and substantiate the partnership of good-neighborliness and mutual trust;

Deeply concernedover the increasingly serious nature of non-traditional security issues such as trafficking in illegal drugs, people smuggling including trafficking in women and children, sea privacy, terrorism, arms smuggling, money laundering, international economic crime and cyber crime, which have become important factors of uncertainty affecting regional and international security and are posing new challenges to regional and international peace and stability;

Recognizingthe complexity and deep-rooted background of the non-traditional security issues and the need to address them with an integrated approach that combines political, economic, diplomatic, legal, scientific and technological and other means;

Believingthat regional and international cooperation needs to be strengthened to address non-traditional security issues and that ASEAN and China are close neighbors and share extensive common interests in coping with these issues;

Notingwith satisfaction the cooperation conducted between ASEAN and China and results achieved in non-traditional security field, including The Plan of Action of ASEAN and China Cooperative Operations in Response to Dangerous Drugs in 2000, the four-nation ministerial conference on drug control cooperation held by China, Laos, Myanmar and Thailand in 2001 and the resultant Beijing Declarationand the bilateral cooperation between ASEAN member states and China;

Welcomingthe Statement of the ASEAN Ministerial Meeting on Transnational Crime (AMMTC) in 1997,the 2001 ASEAN Declaration on Joint Action to Counter Terrorism adopted by ASEAN Leaders, the Joint Communique of Special ASEAN Ministerial Meeting on Terrorism, the Agreement on Information Exchange and Establishment of Communication Proceduresby Cambodia, Indonesia, Malaysia and the Philippines in 2002;

Confirmingthat cooperation should be conducted on the basis of observing the Five Principles of Peaceful Coexistence and other universally recognized norms of international law, which are embodied in the Charter of the United Nations and the Treaty of Amity and Cooperation in Southeast Asia, and respecting the legal systems of all countries;

Determined tofurther strengthen and deepen cooperation in the field of non-traditional security issues, we task our Ministers concerned to follow-up on the implementation of this Declaration by undertaking the following:

I. Objectives

In light of the shared needs of all sides, measures and modalities for cooperation in the field of non-traditional security issues will be formulated to enhance their capacity in dealing with non-traditional security issues, promote their stability and development and safeguard regional peace and security;

II. Priority and Form of Cooperation

1. The priorities at the current stage of cooperation are combating trafficking in illegal drugs, people smuggling including trafficking in women and children, sea privacy, terrorism, arms smuggling, money laundering, international economic crime and cyber crime;

2. On the basis of deepening the existing multilateral and bilateral cooperation,

undefined(1) To strengthen information exchange,

(2) To strengthen personnel exchange and training and enhance capacity building,

(3) To strengthen practical cooperation on non-traditional security issues,

(4) To strengthen joint research on non-traditional security issues, and

(5) To explore other areas and modalities of cooperation.

III. Participation and Organization

1. ASEAN and China will use existing mechanisms, as far as possible, such as the ASEAN Ministerial Meeting on Transnational Crime and the Senior Officials Meeting on Transnational Crime to pursue the cooperation. Long-term and mid-term cooperation plans will be formulated based on the purposes and principles of the Joint Declaration to serve as guidance for cooperation;

undefined2. Ad-hoc working groups will be established for cooperation in relevant fields to implement the plans of action through the above mechanisms supported by the competent authorities in ASEAN member countries and China.

IV. Others

undefinedTo implement this Joint Declaration, action plans may be formulated in accordance with the purposes and principles of the Joint Declaration.

We, the Leaders of ASEAN member countries and the People's Republic of China, pledge to remain seized with the matter, and call on other regions and countries to work with us in strengthening the cooperation in the field of non-traditional security issues.

Adopted this Fourth Day of November Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia.

 

Declaration on the Conduct of Parties in the South China Sea

The Government of the People's Republic of China and the Governments of the Member States of ASEAN,

REAFFIRMING their determination to consolidate and develop the friendship and cooperation existing between their people and governments with the view to promoting a 21st century-oriented partnership of good neighbourliness and mutual trust;

COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between China and ASEAN for the enhancement of peace, stability, economic growth and prosperity in the region;

COMMITTED to enhancing the principles and objectives of the 1997 Joint Statement of the Meeting of President of the People's Republic of Chinaand the Heads of State/Government of the Member States of ASEAN;

DESIRING to enhance favourable conditions for a peaceful and durable solution of differences and disputes among countries concerned;

HEREBY DECLARE the following:

1. The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations;

2. The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect;

3. The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;

4. The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;

5. The Parties undertake of exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.

Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence between and among them, including:

a. holding dialogues and exchange of views as appropriate between their defense and military officials;

b. ensuring just and humane treatment of all persons who are either in danger or in distress;

c. notifying, on a voluntary basis, other Parties concerned of any impending joint/combined military exercise; and

d. exchanging, on a voluntary basis, relevant information.

6. Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore or undertake cooperative activities. These may include the following:

a. marine environmental protection;

b. marine scientific research;

c. safety of navigation and communication at sea;

d. search and rescue operation; and

e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.

The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be agreed upon by the Parties concerned prior to-their actual implementation.

7. The Parties concerned stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them, including regular consultations on the observance of this Declaration, for the purpose of promoting good neighbourliness and transparency, establishing harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes among them;

8. The Parties undertake to respect the provisions of this Declaration and take actions consistent therewith;

9. The Parties encourage other countries to respect the principles contained in this Declaration;

10. The Parties concerned reaffirm that the adoption of a code of conduct in the South China Seawould further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.

Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia.

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