ASEAN REGIONAL FORUM

Study Guide

ASEAN Regional Forum Secretariat

International Relations Unsoed 2017
 1. Opening Remarks

Dear Delegates,

Welcome to ASEAN Regional Forum 2017

It is a great pleasure and honor to serve you as ASEAN Secrertaryin the ASEAN
Regional Forum.
Southeast Asia region has great number of population that has many security
conflicts among the country member and other security problem. To prevent the
risk of the problem, we invited delegates to be part of this session to determine
how the future of the ASEAN region will be. To reduce this problem to be
something good it is expected that the delegates make preparations to do their
best. In this forum, explains how ARF role and mandate, which is the evidence
and purpose of the organization to achieve clear objectives. We are very excited
about the presence of delegates, and we would also be very proud if the delegates
were happy for our performance. We involve all delegates at this forum meeting
in order to get the best solution and create a safe and peaceful environment in
ASEAN region. At this conference process, feel free to call us if delegates have
some suggestions. And last, we hope this conference will be a good platform for
all delegates to know more about ARF. See you again at the conference

Best Regard,

ASEAN Secretariat
1. Topic Overview
In this era, there are some problem that threaten every sovereign country. As we
know that time by time security issues grow up rapidly. There are some security
issues growing rapidly and it is deemed necessary to receive more attention in the
Southeast Asian region. In this forum will be raised three main issues, they are the
transnational crime, terrorism, and maritime security. In this forum, we will
discuss about the best solution about all of that issues because the issues are
universal issues and it is not just about Southeast Asian region Problems.

Based on American National Institution of Justice, Transnational organized crime

is a crime that involves the planning and execution of illicit business ventures by
groups or networks of individuals working in more than one country.1 These
criminal groups use systematic violence and corruption to achieve their
goals.Usually, transnational crime involves criminal groups between countries.
The forms of transnational crime can be money laundering, smuggling of
protected animals, and trafficking of drug, human, weapons, rare animal , nuclear,
or human body. A case of human trafficking in Thailand and Malaysia in 2015 is
one of transnational crime that is in Southeast Asia region. According to the BBC,
the case appears when found 30 graves containing hundreds of dead bodies in two
places in the Northern State of Perlis, Malaysias border with
Thailand.Ahmad Zahid, Minister of Home Affairs of Malaysia, said
that police found the campwhich is located in the vicinity of the border
between Malaysia and Thailand2. He also suspected the camp has been in
operation for at least five years. According to a spokesman for the Attorney
General's Office Thailand, Prayuth Porsuttayaruk, that the cases of human

1
https://www.nij.gov/topics/crime/organized-crime/pages/welcome.aspx.
Accessed on 02th May 2017.
2
http://www.bbc.com/indonesia/berita_indonesia/2015/08/150823_dunia_kuburan
_massal_malaysia. Accessed on 02th May 2017
trafficking from Thailand to Malaysia this involves 92 defendants from various
background.3

Transnational crime offenders often do their activities in areas that are difficult to
detect. they will choose a secure area of the State control such as the area of
forest, desert, or the sea.The activity of transnational crime committed at sea will
harass the maritime security of the country.The perpetrators of crimes committed
at sea a country surely doing its work without official permission and
accompanied it has violated the territory of the country.as the area is prone to
become a place of transnational crime, the sea should have gotten more attention
from both the law enforcement or security.In addition to being the scene of the
crime area cross country, natural resources contained in the oceans also became an
issue that often gives rise to disputes between the countries. One example of inter-
state disputes on maritime border is a case of border area disputes between
Indonesia and Malaysia in Ambalat. Ambalatis an area rich in petroleum
resources located in the Makassar Strait. This area has been a dispute since the
1960s and heated up as Malaysia entered the area on a new continental and
maritime border map in 1979, sparking protests from Indonesia.

The issue of terrorism is an issue that is identical with a discussion of both

domestic and security among countries. Terrorism is essentially a part of
transnational security issues, but terrorism was discussed separately because of
the level of risk posed by terrorism is big enough and its effects are directly
affecting the condition of the country.The terrorists also often perform the
activities of transnational crime, one is selling weapons illegally and smuggling of
human beings, especially women, to be used as sex slaves. One of the terrorist
groups in Southeast Asia, namely the Group of Abu Sayyaf in the Southern
Philippines. The Group was founded in 1991 on the island of Basilan by members
of the separatist group the Moro National Liberation Front(MNLF) which do not
accept the peace negotiations between the MNLF with the Philippine

3
http://www.bbc.com/indonesia/dunia/2016/03/160315_dunia_thailand_penyelun
dupan. Accessed on 02th May 2017
Government.The group often performs acts of violence such as murder, armed
attacks, bombings, and his hostage beheaded. they are also hostage to get a
ransom to fund operational costs, particularly for supplies of weapons and
ammunition. often the hostage was killed because the parties asked for a ransom
did not meet his request. Several major terror actions perpetrated by the Abu
Sayyaf attacked Ipil Town, among others, in 1995, causing 50 people dead. Three
years later, Abu Sayyaf was bombing a shopping mall in Zamboanga, resulted in
30 dead. For the latest case, namely, when the ten of the crew ships from
Indonesia was being hostage by 2016. Based on BBC News,Ten Indonesian
citizen who was crew Brahma tugboats 12 and Anand barges12, who was sacked
in the sea areas of Abu Sayyaf militias of Tawi-Tawi, Southern Philippines, when
sailing from the Borneo South to the Philippines, on March 26, 2016. Earlier, the
Abu Sayyaf asked for a ransom of 50 million pesos or about 14.3 billion Rupiahs.

3. Council Background

The ASEAN Regional Forum (ARF) was set up in the Twenty-Sixth ASEAN
Ministerial Meeting and Post Ministerial Conference on July 1993 as a regional
security cooperation and dialogue platform. The objectives of the ASEAN
Regional Forum are outlined in the First ARF Chairman's Statement (1994),
namely:
1. to foster constructive dialogue and consultation on political and security issues
of common interest and concern;

2. and to make significant contributions to efforts towards confidence-building

and preventive diplomacy in the Asia-Pacific region.

The 27th ASEAN Ministerial Meeting (1994) stated that "The ARF could become
an effective consultative Asia-Pacific Forum for promoting open dialogue on
political and security cooperation in the region. In this context, ASEAN should
work with its ARF partners to bring about a more predictable and constructive
pattern of relations in the Asia Pacific.
On the tenth year of the ASEAN Regional Forum, the ARF Ministers met in
Phnom Penh on 18 June 2003 and declared that "despite the great diversity of its
membership, the forum had attained a record of achievements that have
contributed to the maintenance of peace, security and cooperation in the region."
They cited in particular:
1. The usefulness of the ARF as a venue for multilateral and bilateral dialogue and
consultations and the establishment of effective principles for dialogue and
cooperation, featuring decision-making by consensus, non-interference,
incremental progress and moving at a pace comfortable to all.

2. The willingness among ARF participants to discuss a wide range of security

issues in a multilateral setting.

3. The mutual confidence gradually built by cooperative activities.

4. The cultivation of habits of dialogue and consultation on political and security

issues.

5. The transparency promoted by such ARF measures as the exchange of

information relating to defense policy and the publication of defense white papers
and

6. The networking developed among national security, defense and military

officials of ARF participants.(Secretariat, About Us 2011)
Fully aware of the Region Security, ARF has conducted several projects to
address this issue such as:
The 1st - 4th ARF Seminars on Cyber Terrorism, 2004-2007;

ARF Conference on Terrorism and the Internet, Bali, 6-8 November 2008;

ARF Cybercrime Capacity-Building Conference, Bandar Seri Begawan,

27-28 April 2010;

ARF Workshop on Proxy Actors in Cyberspace, Quang Nam, 14-15

March 2012;

ARF Workshop on Cyber Incident Response, Singapore, 6-7 September

2012;

ARF Seminar on Confidence-Building Measures in Cyberspace, Seoul,

11-12 September 2012;

ARF Workshop on Preparedness Measures to Enhance Cyber Security

Legal and Cultural Aspects, Beijing, 11-12 September 2013.
ARF Seminar on Preventive Diplomacy in Non-Traditional Security
Issues, Nanjing, 20-23 November 2016
ARF Workshop on Management of Marine Hazards in the Asia-Pacific,
Beijing, 6-8 December 2016
ARF Workshop on Medium- to Long-Term Support for Victims of
Terrorism, Manila, 7-8 February 2017
9th ARF Inter-Sessional Meeting on Maritime Security (ISM on MS),
Tokyo, 8-9 February 2017
ARF Workshop on Mainstreaming the Prevention of Violent Extremism
in the ARF Region, Brussels, 15-16 February 2017
16th ARF Inter-Sessional Meeting on Disaster Relief (ISM on DR),
Bangkok, 2-3 April 2017
15th ARF Inter-Sessional Meeting on Counter-Terrorism and
Transnational Crime (ISM on CTTC), Semarang, 6-7 April 2017
 ARF Workshop on Preventive Diplomacy in a Post-Conflict
Environment, Dili, 18-20 April 2017

Besides, ARF also has resulted to following documents and mechanisms:

ARF Statement on Cooperation in Fighting Cyber Attack and Terrorist Misuse
of Cyber Space, Kuala Lumpur, 28 July 2006. The statement included several key
points, among others:

1. Endeavor to enact and implement cyber-crime and cyber security laws in

accordance with their national conditions and by referring to relevant international
instruments and recommendations/guidelines for the prevention, detection,
reduction, and mitigation of attacks to which they are party;

2. Acknowledge the importance of a national framework for cooperation and

collaboration in addressing criminal, including terrorist, misuse of cyber space
and encourage the formulation of such a framework;

3. Agree to work together to improve their capabilities to adequately address

cyber-crime, including the terrorist misuse of cyber space;

4. Commit to continue working together in the fight against cyber-crime,

including terrorist misuse of cyber space, through activities aimed at enhancing
confidence among different national Computer Security Incident Response Teams
(CSIRTs)/ Computer emergency response teams (CERT), as well as formulating
advocacy and public awareness programs;

ARF Statement on Cooperation in Ensuring Cyber Security, Phnom Penh, 12 July

2012. The Statement includes the following measures to intensify regional
cooperation on security in the use of information and communication
technologies:

1. Promote further consideration of strategies to address threats emerging in this

field consistent with international law and its basic principles;
2. Promote dialogue on confidence-building, stability, and risk reduction measures
to address the implications of ARF participants' use of ICTs, including exchange
of views on the potential use of ICTs in conflict;

3. Encourage and enhance cooperation in bringing about culture of cyber security;

4. Develop an ARF work plan on security in the use of ICTs, focused on practical
cooperation on confidence building measures, which could set out corresponding
goals and a timeframe for their implementation;

5. Review a possibility to elaborate common terms and definitions relevant to the

sphere of the use of ICTs.
Several attempts should be taken in accordance with the mandate of the forum.
Through this conference, I hope delegate could have fruitful discussions and find
the effective and best framework to address the issues. I expect delegate to have
mutual understanding toward the issue and answer the QARMAs. I also hope
delegate could directly learn about the mechanisms of ARF decision making
process. I cant wait to meet you all in the conferences. Have a nice research,
Delegates!

4. Historical Background

Since World War II extended to Asia-Pasific region, people started to

think about the security of their nations. Although they have been concerned
about the security, but the war could not be stop, thus the nations still had a
conflict each other. Those conflicts were very dangerous and also it influenced the
security in Asia-Pasific region. This problem encouraged the organization in the
region of Southeast Asia (ASEAN) to establish a forum for discussion on the
region, particularly the Asia-Pasific region.This forum was attended by members
of ASEAN organization with several nations in the Asia Pacific region as a
speech partner, some nations outside the region also participated in contributing to
find the solution of several security conflicts. So far there are two ways of solving
the problems that can be chosen by the conflicting nations, namely ASEAN Way
and Common Security, ASEAN way includes Collective Self Defense, while
Common Security includes Collective Security.

1. Collective Self-Defense
ARTICLE 51

TEXT ARTICLE 51 OF UNITED NATIONS

Collective self-defense is the rightof all UN countries to use military force

to defend other member nations from attack. It has provided the basis for
all UN-authorized military operations, from the Korean War onwards.

NOTE

1. Nothing in the present Charter shall impair the inherent right of individual
or collective self-defence if an armed attack occurs against a Member of
the United Nations, until the Security Council has taken the measures
necessary to maintain international peace and security. Measures taken by
Members in the exercise of this right of self-defence shall be immediately
reported to the Security Council and shall not in any way affect the
authority and responsibility of the Security Council under the present
Charter to take at any time such action as it deems necessary in order to
maintain or restore international peace and security.
2. The question of the bearing of the injunction contained in Article 2(4) on
the right of self-defence, as provided for in Article 51, is examined in this
Supplement under Article 2(4).
3. During the period under review the Security Council adopted one
resolution which contained an explicit reference to Article 51. However,
 except for a few comments, dealt with below, no constitutional discussion
occurred in the proceedings leading to its adoption.
4. By resolution 255 (1968) of 19 June 1968 on the question relating to
measures to safeguard non-nuclear-weapon States parties to the Treaty on
the non-proliferation of nuclear weapons, the Security Council reaffirmed
"the inherent right, recognized under Article 51 of the Charter, of
individual and collective self-defence if an armed attack occurs against a
Member of the United Nations, until the Security Council has taken
measures necessary to maintain international peace and security. In the
course of the discussion, it was noted that the reaffirmation of Article 51 in
the draft resolution and in the declarations of the nuclear Powers, namely,
the USSR, the United Kingdom and the United States, regarding the
question of safeguards to non-nuclear-weapon States parties to the Non-
Proliferation Treaty, had great importance for the non-nuclearweapon
signatories of that Treaty in the sense that they could, in case of a nuclear
threat or nuclear attack, reasonably expect assistance from one or more of
the nuclear-weapon States until such time as the Security Council decided
upon measures for the maintenance of international peace and security. In
this connexion, the observation was made that the right of self-defence,
recognized under Article 51, existed independently of the Charter and
could not limit a State's option in the matter of obtaining assistance to
prevent or counter a nuclear attack. Further, it was argued that the
provisions of Article 51 were no longer adequate to the requirements of
the right of self-defence in the qualitatively new situation created by the
possibility of aggression with nuclear weapons: under the provisions of
that Article the exercise of the right of self-defence was restricted to the
actual occurrence of an armed attack, whereas very few non-nuclear-
weapon States would be able to survive a nuclear strike to exercise that
right.4

4
http://legal.un.org/repertory/art51.shtm accessed on 07th May 2017
 2. Collective Security

Collective security is understood as a security regulation, regionally and globally

assume security is a common concern, sovereign states agree to join and provide
collective response to prevent threats to violations and trigger the destruction of
peace and security between sovereign nations.

Since the formation of NATO in 1949 has become an important reference of the
national security of the united states, this military alliance is a collective self-
defense system, all member states agree to defend each other in the face of attacks
from various parties. The basic principles of collective security are formalized in
article 5 of the Northern Atlantic Treaty. Not only physical and armed warfare,
cyber war has the potential to challenge the principles of chapter 5. This
increasingly clear and diverse threat makes us have to rethink about the NATO
5th article. A collective self-defense primarily serves as a deterrent to potential
opponents. Developing important doctrines, but for internal use only. Alliances
need to be more focused on sharing information. When alliances can collectively
run an active cyber policy, they will be better prepared for cyber threats to
national security. The idea of collective self-defense will be evident if it can keep
members against all potential threats.5

Text Article 5 NATO

The Parties agree that an armed attack against one or more of them in Europe or
North America shall be considered an attack against them all and consequently
they agree that, if such an armed attack occurs, each of them, in exercise of the
right of individual or collective self-defence recognised by Article 51 of the
Charter of the United Nations, will assist the Party or Parties so attacked by taking
forth with, individually and in concert with the other Parties, such action as it

5
http://www.american securityproject.org/rethinking-nato-article-5-challenges-to-
collective-security-in-the-cyber-era/. Accessed on 04th May 2017
deems necessary, including the use of armed force, to restore and maintain the
security of the North Atlantic area.

Any such armed attack and all measures taken as a result there of shall
immediately be reported to the Security Council. Such measures shall be
terminated when the Security Council has taken the measures necessary to restore
and maintain international peace and security.6

5. Current Situation

Terrorist

Around the year 2016 and the ASEAN region was thrown with the hostage
of Indonesian citizens, conducted by a group of terrorists named abu sayyaf. This
also raises a variety of strong reacted from the international stage because not
only Indonesian citizens, and even other foreign citizens, such as Canada,
Germany, and others. It is unclear what the motived for this hostage taking is done
by the ash terrorist group. What is more surprising is that foreigners from
Germany and Canada are severely killed in the hands of these terrorist groups.
This is due to the slow response of the government in responding to the ransomed
demanded by the terrorist group, it is very pathetic indeed. Moreover, there were
three Indonesian citizens who also became hostages by terrorists based in the
country north of Indonesia, namely the Philippines. The foreign ministry of the
Indonesian republic thought hard to negotiated with the terrorist group of abu
sayaf to free three Indonesian citizens who were held hostage. Luckily the
Indonesian side managed to free three hostages citizens of Indonesia. However,
these hostages are repeated and Indonesian citizens are again caught by the
terrorist party.7

6
http://www.military.cz/accessories/nato/treaty_en.htm. Accessed on 04th May
2017
7
nasional.kompas.com/read/2016/05/02/16455111/Ini.Kronologi.Penyanderaan.10
.ABK.oleh.Kelompok.Abu.Sayyaf. accessed on 02th May 2017
Maritime

One of many cases which always happened in ASEAN is about marine ownership
disputes. Marine ownership had been determined through the third Marine Law
Convention 1982. But unfortunately, some states still broke this agreement and
caused a conflict between one country and another. For example, the case that had
happened recently which caused by China that tried to claim some areas in the
South China Sea.

These areas were really strategic and it has an amazing economic potential.
According to the data of US energy information agency, these areas contained oil
reserves of 11 billion barrels and natural gas up to 190 trillion cubic feet.
Furthermore, these areas would be lane traffic of the ships middle east that would
bring petroleum to Asia. Also, These areas is an international trade traffic worth
no less than 5.3 trillion US dollars every year.8

This strategic condition of course would be beneficial for the countries that
successful to claim these area and that was the root of this conflict. The South
China Sea disputes involved some countries which were China, as the main actor
who would like to claim these sea areas, Fillipina, Brunei Darussalam, Taiwan,
Vietnam and Malaysia. Those countries were trying to claim some islands such as
Spratly Islands, Paracel Islands and also boundaries in the Gulf of Tonkin.

This conflict should not be happened because it could influence the security in
some nations. Through this conflict, some nations would be involved to war and it
should be prevented because security is really important and giving peace is one
of the main task of the states.

8
http://internasional.kompas.com/read/2016/07/13/17401251/laut.china.selatan.pe
rairan.menggiurkan.sumber.sengketa.6.negara?page=all. Accessed on 08th May
2017.
Transnational Crime

Human trafficking is a transnational crime that has recently occurred in the Asia-
Pacific region. Human trafficking is a verynon-adhering and violation of human
rights.Most victims of human trafficking come from Southeast Asia, because of
the many cases this encourages the ASEAN Intergovernmental Human Rights
Commission or AICHR to expect mature steps to protect victims of human
trafficking in ASEAN.Currently human trafficking is not only happening in small
towns but also penetrated into big cities and the mode to ensnare the victims is
now starting to expand into other modes besides working abroad, but also
scholarship search mode and internship.To that end, ASEAN established a
convention on human trafficking that needs to be ratified by ASEAN member
countries. This Convention was actually born from ASEAN in 2015.So far, only
four ASEAN countries have ratified the convention, they are Indonesia,
Cambodia, Thailand and Singapore.
QARMAs

1. According to your country what is the biggest problem in Southeast Asia

face in this 3 sectors: Maritime Security, Counter Terorist, and
Transnational Crime?
2. Which one do you prefer, ASEAN way or collective security and what is
the relevant of your choice to the reason of ARF?
3. How can the member of ASEAN Regional Forum improve and maintain
their cooperation in security in Southeast Asia?
 REFERENCES

2007.transnational organized crime. Quoted from :

https://www.nij.gov/topics/crime/organized-crime/pages/welcome.aspx.
Accessed on 02th May 2017

2015. Ditemukan Kuburan Massal Diduga Korban Perdagangan Manusia.

Quoted from : http://www.bbc.com/indonesia/berita_indonesia
/2015/08/150823_dunia_kuburan_massal_malaysia. Accessed on 02th May
2017

2016. Thailand Percepat Sidang Kasus Perdagangan Manusia. Quoted from :

http://www.bbc.com/indonesia/dunia/2016/03/160315_dunia_thailand_peny
elundupan. Accessed on 02th May 2017

Article 51 of United Nation. Quoted from :

http://legal.un.org/repertory/art51.shtm. Accessed on 07th May 2017

Rethinking NATO Article 5 Challeges to Collective Security in the Cyber Era.

Quoted from : http://www.american securityproject.org/rethinking-nato-
article-5-challenges-to-collective-security-in-the-cyber-era/. Accessed on
04th May 2017

2017. The Note Atlantic Treaty. Quoted from :

http://www.military.cz/accessories/nato/treaty_en.htm. Accessed on 04th
May 2017

2016. Ini Kronologi Penyanderaan 10 ABK oleh Kelompok Abu Sayyaf.

Quoted from : nasional.kompas.com/read/2016/05/02/16455111/Ini.Krono-
logi.Penyanderaan.10.ABK.oleh.Kelompok.Abu.Sayyaf. Accessed on 02th
May 2017
2016. Laut China Selatan, Perairan Menggiurkan Sumber Sengketa 6 Negara.
Quoted from : http://internasional.kompas.com/read/2016/07/13/17401251
/laut.china.selatan.perairan.menggiurkan.sumber.sengketa.6.negara?page=al
l. Accessed on 08th May 2017