ASEAN’S OBLIGATION TO ADDRESS THE STERN PROBLEM OF THE CURRENT

CLIMATE CRISIS

_________________________________________________________

A Group Report

Presented to the Faculty of the

College of Law

University of Cebu – Banilad

Cebu City, Philippines

________________________________________________________

By:

Canillo, Samantha Amielle

Ilandag, Hannah Mae

Lambayan, Jeff Gerard

Martinez, Thomas Miguel

Merin, Thea Jane

Odias, Delfino

Roda, Faith

September 2019
 ASSOCIATION OF SOUTHEAST ASIAN NATIONS

I. Background

The Association of Southeast Asian Nations (“ASEAN”) is a regional intergovernmental

group of states located in the Southeast Asian region. It was established on August 8, 1967

when the ASEAN or Bangkok Declaration was signed in Bangkok, Thailand by its five founding

countries: Indonesia, Malaysia, Philippines, Singapore and Thailand. At present, the

organization is composed of ten (10) members with the addition of Brunei Darussalam (January

7, 1984), Vietnam (July 28, 1995), Lao PDR and Myanmar (July 23, 1997), and Cambodia (April

30, 1999).1

II. ASEAN on Environmental Sustainability

On December 15, 2008, the ASEAN Charter entered into force and became legally

binding upon its member-states.2 In its Preamble, the member-states undertake to “ensure

sustainable development for the present and future generations and to place the well-being,

livelihood and welfare of the peoples at the centre of the ASEAN community building process.”3

The Charter furthermore acknowledges as one of its purposes the promotion of sustainable

development “so as to ensure the protection of the region’s environment, the sustainability of its

natural resources, the preservation of its cultural heritage and the high quality of life of its

people.”4

On November 20, 2007, the ASEAN Declaration on Environmental Sustainability was

signed by the member-states declaring three key policy areas for environmental sustainability:

1
About ASEAN. Retrieved from https://asean.org/asean/about-asean/ on September 9, 2019.
2
Charter of the Association of Southeast Asian Nations. Retrieved from
https://asean.org/asean/asean-charter/charter-of-the-association-of-southeast-asian-nations/ on
September 9, 2019.
3
Preamble, ASEAN Charter.
4
Section 9, Article 1, ASEAN Charter.

1
Environmental Protection and Management, Responding to Climate Change, Conservation of

Natural Resources. As part of its response to climate change, it undertakes to cooperate with

the international community to better understand climate change and its effects; to cooperate in

joint research for the development of low emission technologies; to improve energy efficiency

through capacity building and information sharing; and to promote the use of renewable and

alternative energy sources.5

III. Commitments to Address the Issue on Climate Change

As part of its obligation to promote sustainable development and address the issues on

climate change, ASEAN became a party to several international agreements and conventions

relating to the protection of the environment and mitigation of climate change and its effects.

ASEAN is a party to the United Nations Framework Convention on Climate Change,

Paris Agreement, the Convention on Biological Diversity, and entered into other agreements as

well.

A. Commitments under the United Nations Framework Convention On Climate

Change

ASEAN recognizes that they have a crucial role in shaping and forging cooperation

among members and partners including mobilizing international support to ensure the

successful outcomes. In the latest ASEAN Joint Statement for the COP 246, they committed to

implement measures to address climate change under the ASEAN Socio-Cultutral Community

Blueprint 2025.

5
ASEAN Declaration on Environmental Sustainability (2007). Retrieved from
https://asean.org/?static_post=asean-declaration-on-environmental-sustainability on September 9, 2019.
6
See 2018 ASEAN JOINT STATEMENT ON CLIMATE CHANGE TO THE 24TH SESSION OF THE CONFERENCE
OF THE PARTIES TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE. Retrieved
from https://cil.nus.edu.sg/wp-content/uploads/2019/02/2018-ASEAN-Jt-Stm-COP24.pdf on September 10, 2019.

2
 In its 22nd, 23rd, and 24th Joint Statements on Climate Change, the sessions have

urged the parties to continue strengthening the ASEAN’s capacity in managing climate change

related disaster risks through mechanisms under the ASEAN Agreement on Disaster

Management and Emergency Response (AADMER).

ASEAN Nations are committed to address climate change through the implementation of

mitigation and adaptation measures in line with their respective country policies and priorities

as well as expertise, technical, technology and financial support; and to strengthen regional

cooperation efforts in this regard, including through the implementation of the ASEAN Action

Plan on Joint Response to Climate Change.7

In connection to the multi-faceted impacts of climate change, parties to the UNFCCC are

called upon to continue working effectively and in good faith on developing mechanisms,

modalities, procedures and guidelines and to strengthen collaboration towards long term low

carbon and climate resilient development and implementation of their respective NDCs

including the facilitation of the Green Climate Fund and the Global Environment Facility.

B. Commitments under the Paris Agreement

It was on December 2015 that 195 countries adopted first legally binding global

climate deal. This was Paris Climate Conference (COP21) which established key elements to

combat climate change. As provided therein, COP21 construct measures to mitigate and adapt

to climate change. In that matter, mitigation includes the reduction of emissions. COP21

explicitly provides the following:

7
See ASEAN Leaders’ Statement on Joint Response to Climate Change. Retrieved from
https://asean.org/?static_post=asean-leaders-statement-on-joint-response-to-climate-change on September 10,
2019.

3
 Governments agreed...8

1. A long-term goal of keeping the increase in global average temperature to well

below 2°C above pre-industrial levels.9

2. To aim to limit the increase to 1.5°C, since this would significantly reduce risks

and the impacts of climate change;

3. On the need for global emissions to peak as soon as possible, recognising that

this will take longer for developing countries;

4. To undertake rapid reductions thereafter in accordance with the best available

science.

This commitment assisted the establishment of ASEAN-5 goals towards realizing the

Paris climate accord. Each ASEAN-5 country has its own national commitment to reduce their

carbon footprints in accordance with the Paris Agreement.10 This commitment is also embodied

under goal 13 of sustainable development goals, which is to take urgent action to combat

climate change and its impacts.11

The Paris agreement also established the obligations of state-parties in relation to

adapting to climate change. It strictly provides the following measures:

Governments agreed to...

8
Paris Agreement. Retrieved from https://ec.europa.eu/clima/policies/international/negotiations/paris_en
on September 10, 2019.
9
See ASEAN Leaders Statement on Climate Change to COP-17 to the UNFCCC and CMP-7 to the Kyoto Protocol
(19th ASEAN Summit, 2011)
10
The Philippines, for example, aims for a reduction in emissions of approximately 70 percent by 2030, relative to a
business as usual scenario. Retrieved from https://theaseanpost.com/article/aseans-role-realising-paris-agreement
on September 10, 2019.
11
Goal 13 of the Sustainable Development Goals. Retrieved from
https://www.un.org/sustainabledevelopment/climate-change/ on September 10, 2019.

4
 1. Strengthen societies' ability to deal with the impacts of climate change;

2. Provide continued and enhanced international support for adaptation to developing

countries.

These measures and obligations were firmly engraved as a global commitment in order

to promote cooperation between nations and to finally address the concrete issues of climate

change. This is further concretized by ASEAN Joint Statement on Climate Change 2014.

Unequivocally stated therein, state-parties has the commitment to the UNFCCC, and its

principles and provisions, as a framework for international collaboration on climate change

mitigation and adaptation which includes the adherence to the Warsaw Framework for Reducing

Emissions from Deforestation and forest Degradation (REDD+)12.

C. Commitments under the Convention on Biological Diversity (CBD)

In its Joint Statement to the COP 14, it recognized “ASEAN’s rich terrestrial and marine

biodiversity and the need to sustain ecosystem functions and services whereby current

challenges such as climate change, rapid urbanisation, and continuing habitat loss from

agricultural expansion, and industrial activities.” Pursuant thereto, it undertook to “pursue a

comprehensive agenda for transformational change opportunities and changes in institutions

and behaviours are sought to address the drivers of biodiversity loss, including at the local and

sub-national levels; to accelerate actions to mainstream biodiversity considerations into relevant

national plans, sectors and cross-sectoral issues; and to enhance regional cooperation and

partnerships for the implementation of the 2030 Agenda for Sustainable Development, its SDGs

and targets in particular, Goals 14 and 15 for sustainable development in the region.”13

12
This is founded by UNFCCC’s core principle of common but differentiated responsibilities.
13
Joint Statement to the COP 14 to the CBD.

5
 This is preceded by statements of Environmental Ministers for the 11th and 12th

meetings for the COP wherein member states collectively agreed to further strengthen its

regional cooperation on biodiversity, as embodied in its global commitment to address

environmental issues.14 It also declared intention to intensify efforts aimed at conserving and

sustainably managing the rich biodiversity of the ASEAN region and to “adopt a low carbon

development framework so as to assist in reducing pressures on the environment and to

strengthen regional and transboundary biodiversity conservation initiatives with the support of

other national governments, international organizations, non-governmental organizations.”15

D. Other Obligations

In 2017, ASEAN adopted the Joint Declaration on Hazardous Chemicals and Wastes

Management to address environmental and health concerns in developing countries.16 One of

the key features of the Declaration includes recognition of the importance of conventions such

as the Basel Convention in order to address the prevailing issues on hazardous chemicals and

waste management and to minimize its adverse effects towards the human health and

environment. It also undertook to strengthen its regional cooperation and protection in view of

the 2030 Agenda for Sustainable Development (Goal 12).

In its Declaration on ASEAN Post 2015 Environmental Sustainability and Climate

Change Agenda, ASEAN promised to “accelerate the development and implementation of the

ASEAN Programme on Sustainable Management of Peatland Ecosystems to eliminate

14
Specifically, ASEAN member states agreed to Enhance international cooperation in addressing the impacts of
climate change by adopting an ecosystem-based approach that focuses on the role of biodiversity in adaptation to
and mitigation of climate change, including Reducing Emissions from Deforestation and Degradation. Moreover, to be
more proactive in the capacity building program and public awareness campaign involving all concerned sectors and
communities, forge policy-science interface for advocacy and decision-making, mainstreaming biodiversity
conservation to the issues of poverty alleviation and climate change.
15
Declaration of Environmental Ministers to the 12th COP Meeting of the CBD.
16
This is in accordance with the environmental and health concerns that continuously engulfed developing countries.
Subsequent herein, ASEAN recognizes the vulnerable populations including women, children, and future
generations, resulting from exposure to hazardous chemicals and wastes. Retrieved from
https://asean.org/storage/2017/11/Annex-2_Joint-Declaration-HCWM-Adopted-by-AMME.pdf on September 9, 2019

6
transboundary haze pollution in the ASEAN region by further intensifying regional and

international cooperation on preventing land and forest fires and reducing the impact of

transboundary air pollution.” It also encouraged its member states to address climate change

through the “implementation of mitigation and adaptation measures in line with their respective

country policies and priorities, and to strengthen regional cooperation efforts in this regard.”17

IV. Conclusion

The ASEAN region is one of the areas directly affected by adverse effects of climate

change. As part of its obligation to provide for a healthy and sustainable environment, ASEAN

has obligated itself under major conventions such as the UNFCC, the Paris Agreement, and the

CBD and has made joint statements to that effect.

17
Declaration on ASEAN Post 2015 Environmental Sustainability and Climate Change Agenda