ASEAN Agreement on the Conservation of Nature and Natural Resources
Done at: Kuala Lumpur
Date enacted: 1985-07-09
In force: not in force
Content
- Chapter I - Conservation and development
- Chapter II - Conservation of species and ecosystems
- Chapter III - Conservation of ecological processes
- Chapter IV - Environmental planning measures
- Chapter V - National supporting measures
- Chapter VI - International cooperation
- Chapter VII - International supporting measures
- Chapter VIII - Final clauses
The Government of Negara Brunei Darussalam, The Government of the Republic of Indonesia, The Government of Malaysia, The Government of the Republic of the Philippines, The Government of the Republic of Singapore and The Government of the Kingdom of Thailand, Member States of the Association of South East Asian Nations (ASEAN),
Recognizing the importance of natural resources for present and future generations;
Conscious of their ever-growing value from a scientific, cultural, social and economic point of view;
Conscious also that the interrelationship between conservation and socio-economic development implies both that conservation is necessary to ensure sustainability of development, and that socio-economic development is necessary for the achievement of conservation on a lasting basis;
Recognizing the interdependence of living resources, between them and with other natural resources, within ecosystems of which they are part;
Wishing to undertake individual and joint action for the conservation and management of their living resources and the other natural elements on which they depend;
Recognizing that international co-operation is essential to attain many of these goals;
Convinced that an essential means to achieve such concerted action is the conclusion and implementation of an Agreement;
Have agreed as follows:
Chapter I - Conservation and development
Article 1
Fundamental principle
1. |
The Contracting Parties, within the framework of their respective national laws, undertake to adopt singly, or where necessary and appropriate through concerted action, the measures necessary to maintain essential ecological processes and life-support systems, to preserve genetic diversity, and to ensure the sustainable utilization of harvested natural resources under their jurisdiction in accordance with scientific principles and with a view to attaining the goal of sustainable development. |
2. |
To this end they shall develop national conservation strategies, and shall co-ordinate such strategies within the framework of a conservation strategy for the Region. |
Article 2
Development planning
1. |
The Contracting Parties shall take all necessary measures, within the framework of their respective national laws, to ensure that conservation and management of natural resources are treated as an integral part of development planning at all stages and at all levels. |
2. |
To that effect they shall, in the formulation of all development plans, give as full consideration to ecological factors as to economic and social ones. |
3. |
The Contracting Parties shall, where necessary, take appropriate action with a view to conserving and managing natural resources of significant importance for two or several Contracting Parties. |
Chapter II - Conservation of species and ecosystems
Article 3
Species - genetic diversity
1. |
The Contracting Parties shall, wherever possible, maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the conservation of all species under their jurisdiction and control. |
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2. |
To that end, they shall adopt appropriate measures to conserve animal and plant species whether terrestrial, marine and freshwater, and more specifically:
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3. |
In order to fulfil the aims of the preceding paragraph of this Article the Contracting Parties shall, in particular, endeavour to:
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Article 4
Species - sustainable use
The Contracting Parties shall pay special attention to harvested species, and, to that effect, shall endeavour to:
1. |
Develop, adopt and implement management plans for those species, based on scientific studies and aiming at:
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2. |
Take the appropriate and necessary legislative and administrative measures on harvesting activities in the light of their national interest whereby:
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Article 5
Species - endangered and endemic
1. |
Appendix 1 to this Agreement shall list endangered species recognized by the Contracting Parties as of prime importance to the Region and deserving special attention. The Appendix shall be adopted by a meeting of the Contracting Parties. Accordingly, Contracting Parties shall, wherever possible:
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2. |
Each Contracting Party shall, wherever possible, apply the above measures to species endangered at national level. |
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3. |
The Contracting Parties recognize their special responsibility in respect of species that are endemic to areas under their jurisdiction and shall undertake accordingly to take, wherever possible, all the necessary measures to maintain the population of such species at the highest possible level. |
Article 6
Vegetation cover and forest resources
1. |
The Contracting Parties shall, in view of the role of vegetation and forest cover in the functioning of natural ecosystems, take all necessary measures to ensure the conservation of the vegetation cover and in particular of the forest cover on lands under their jurisdiction. |
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2. |
They shall, in particular, endeavour to:
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Article 7
Soil
1. |
The Contracting Parties shall, in view of the role of soil in the functioning of natural ecosystems, take measures, wherever possible towards soil conservation, improvement and rehabilitation; they shall, in particular, endeavour to take steps to prevent soil erosion and other forms of degradation, and promote measures which safeguard the processes of organic decomposition and thereby its continuing fertility. |
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2. |
To that effect, they shall, in particular, endeavour to:
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Article 8
Water
1. |
The Contracting Parties shall, in view of the role of water in the functioning of natural ecosystems, take all appropriate measures towards the conservation of their underground and surface water resources. |
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2. |
They shall, to that effect, in particular, endeavour to:
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Article 9
Air
The Contracting Parties shall, in view of the role of air in the functioning of natural ecosystems, endeavour to take all appropriate measures towards air quality management compatible with sustainable development.
Chapter III - Conservation of ecological processes
Article 10
Environmental Degradation
The Contracting Parties, with a view to maintaining the proper functioning of ecological processes, undertake, wherever possible, to prevent, reduce and control degradation of the natural environment and, to this end, shall endeavour to undertake, in addition to specific measures referred to in the following article:
a. |
to promote environmentally sound agricultural practice by, inter alia, controlling the application of pesticides, fertilizers and other chemical products for agricultural use, and by ensuring that agricultural development schemes, in particular for wetland drainage or forest clearance, pay due regard to the need to protect critical habitats as well as endangered and economically important species; |
b. |
to promote pollution control and the development of environmentally sound industrial processes and products; |
c. |
to promote adequate economic or fiscal incentives for the purposes of sub-paragraphs (a) and (b) above; |
d. |
as far as possible to consider the originator of the activity which may lead to environmental degradation responsible for its prevention, reduction and control as well as, wherever possible, for rehabilitation and remedial measures required; |
e. |
to take into consideration, when authorizing activities likely to affect the natural environment, the foreseeable interactions between the new activities proposed and those already taking place in the same area, and the result of such interactions on the air, waters and soils of the area; |
f. |
to pay particular attention to the regulation of activities which may have adverse effects on processes which are ecologically essential or on areas which are particularly important or sensitive from an ecological point of view, such as the breeding and feeding grounds of harvested species. |
Article 11
Pollution
The Contracting Parties, recognizing the adverse effect that polluting discharges or emissions may have on natural processes and the functioning of natural ecosystems as well as on each of the individual ecosystem components, especially animal and plants species, shall endeavour to prevent, reduce and control such discharges, emissions or applications in particular by:
a. |
submitting activities likely to cause pollution of the air, soil, freshwater, or the marine environment, to controls which shall take into consideration both the cumulative effects of the pollutants concerned and the self-purificating aptitude of the recipient natural environment; |
b. |
making such controls conditional on, inter alia, appropriate treatment of polluting emissions; and |
c. |
establishing national environmental quality monitoring programmes, particular attention being paid to the effects of pollution on natural ecosystems, and co- operation in such programmes for the Region as a whole. |
Chapter IV - Environmental planning measures
Article 12
Land use planning
1. |
The Contracting Parties shall, wherever possible in the implementation of their development planning, give particular attention to the national allocation of land usage. They shall endeavour to take the necessary measures to ensure the integration of natural resource conservation into the land use planning process and shall, in the preparation and implementation of specific land use plans at all levels, give as full consideration as possible to ecological factors as to economic and social ones. In order to achieve optimum sustainable land use, they undertake to base their land use plans as far as possible on the ecological capacity of the land. |
2. |
The Contracting Parties shall, in carrying out the provisions of paragraph 1 above, particularly consider the importance of retaining the naturally high productivity of areas such as coastal zones and wetlands. |
3. |
They shall, where appropriate, co-ordinate their land use planning with a view to conserving and managing natural resources of significant importance for two or several Contracting Parties. |
Article 13
Protected Areas
1. |
The Contracting Parties shall as appropriate establish, in areas under their jurisdiction, terrestrial, freshwater, coastal or marine protection areas for the purpose of safeguarding:
and taking into account their importance in particular as:
They shall, in particular, take all measures possible in their power to preserve those areas which are of an exceptional character and are peculiar to their country or the Region as well as those which constitute the critical habitats of endangered or rare species, of species that are endemic to a small area and of species that migrate between countries of Contracting Parties. |
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2. |
Protected areas established pursuant to this Agreement shall be regulated and managed in such a way as to further the objectives for the purpose of which they have been created. Contracting Parties shall, wherever possible, prohibit within such protected areas activities which are inconsistent with such objectives. |
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3. |
Protected areas shall include:
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4. |
Contracting Parties shall, in respect of any protected area established pursuant to this Agreement:
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5. |
Contracting Parties shall, in respect of any protected area established pursuant to this Agreement, endeavour to:
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6. |
Contracting Parties shall co-operate in the development of principles, objectives, criteria and guidelines for the selection, establishment and management of protected areas in the Region with a view to establishing a co-ordinated network of protected areas throughout the Region, giving particular attention to those of regional importance. An Appendix containing such principles, objectives, criteria and guidelines shall be drawn up in the light of the best scientific evidence as adapted to the conservation requirements of the Region and shall be adopted by a meeting of Contracting Parties. |
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7. |
In addition to the establishment of the protected areas referred to in paragraph 3 of this Article, Contracting Parties shall promote, through the adoption of appropriate measures, the conservation of natural areas by private owners, community or local authorities. |
Article 14
Impact assessment
1. |
The Contracting Parties undertake that proposals for any activity which may significantly affect the natural environment shall as far as possible be subjected to an assessment of their consequences before they are adopted, and they shall take into consideration the results of this assessment in their decision-making process. |
2. |
In those cases where any such activities are undertaken, the Contracting Parties shall plan and carry them out so as to overcome or minimize any assessed adverse effects and shall monitor such effects with a view to taking remedial action as appropriate. |
Chapter V - National supporting measures
Article 15
Scientific research
The Contracting Parties shall individually or in cooperation with other Contracting Parties or appropriate international organizations, promote and, whenever possible, support scientific and technical programmes of relevance to the conservation and management of natural resources, including monitoring research, the exchange of technical information and the evaluation of results.
Article 16
Education, information and participation of the public, training
1. |
The Contracting Parties shall endeavour to promote adequate coverage of conservation and management of natural resources in education programmes at all levels. |
2. |
They shall circulate as widely as possible information on the significance of conservation measures and their relationship with sustainable development objectives, and shall, as far as possible, organize participation of the public in the planning and implementation of conservation measures. |
3. |
Contracting Parties shall endeavour to, individually or in co-operation with other Contracting Parties or appropriate international organizations, develop the programmes and facilities necessary to train adequate and sufficient scientific and technical personnel to fulfil the aims of this Agreement. |
Article 17
Administrative machinery
1. |
The Contracting Parties shall identify or maintain the administrative machinery necessary to implement the provisions of this Agreement, and, where several governmental institutions are involved, create the necessary co-ordinating mechanism for the authorities dealing with designated aspects of the environment. |
2. |
They shall endeavour to allocate sufficient funds to the task necessary for the implementation of this Agreement, as well as sufficient qualified personnel with adequate enforcement powers. |
Chapter VI - International cooperation
Article 18
Co-operative activities
1. |
The Contracting Parties shall co-operate together and with the competent international organizations, with a view to co-ordinating their activities in the field of conservation of nature and management of natural resources and assisting each other in fulfilling their obligations under this Agreement. |
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2. |
To that effect, they shall endeavour:
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3. |
In applying the principles of co-operation and co-ordination set forth above, the Contracting Parties shall forward to the Secretariat:
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Article 19
Shared resources
1. |
Contracting Parties that share natural resources shall co-operate concerning their conservation and harmonious utilization, taking into account the sovereignty, rights and interests of the Contracting Parties concerned in accordance with generally accepted principles of international law. |
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2. |
To that end, they shall, in particular:
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3. |
Contracting Parties shall especially co-operate together and, where appropriate, shall endeavour to co-operate with other Contracting Parties, with a view to:
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Article 20
Transfrontier environmental effects
1. |
Contracting Parties have in accordance with generally accepted principles of international law the responsibility of ensuring that activities under their jurisdiction or control do not cause damage to the environment or the natural resources under the jurisdiction of other Contracting Parties or of areas beyond the limits of national jurisdiction. |
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2. |
In order to fulfil this responsibility, Contracting Parties shall avoid to the maximum extent possible and reduce to the minimum extent possible adverse environmental effects of activities under their jurisdiction or control, including effects on natural resources, beyond the limits of their national jurisdiction. |
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3. |
To that effect, they shall endeavour:
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4. |
Contracting Parties shall, in particular, endeavour to refrain from actions which might directly or indirectly adversely affect wildlife habitats situated beyond the limits of national jurisdiction, especially habitats of species listed in Appendix 1 or habitats included in protected areas. |
Chapter VII - International supporting measures
Article 21
Meeting of the Contracting Parties
1. |
Ordinary meetings of the Contracting Parties shall be held at least once in three years, in as far as possible in conjunction with appropriate meetings of ASEAN, and extraordinary meetings shall be held at any other time, upon the request of one Contracting Party provided that such request is supported by at least one other Party. |
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2. |
It shall be the function of the meetings of the Contracting Parties, in particular:
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Article 22
Secretariat
On the coming into force of this Agreement the Contracting Parties shall designate the Secretariat responsible for carrying out the following functions:
a. |
to convene and prepare the meetings of Contracting Parties; |
b. |
to convene diplomatic conferences for the purpose of adopting Protocols; |
c. |
to transmit to Contracting Parties notifications, reports and other information received in accordance with this Agreement; |
d. |
to consider inquiries by, and information from, the Contracting Parties, and to consult with them on questions relating to this Agreement; |
e. |
to perform such other functions as may be assigned to it by the Contracting Parties; |
f. |
to ensure the necessary co-ordination with other competent international bodies and in particular to enter into such administrative arrangements as may be required for the effective discharge of the secretariat functions. |
Article 23
National focal points
In order to facilitate communications with other Parties and the Secretariat, the Contracting Parties shall designate an appropriate national agency or institution responsible for co-ordinating matters arising from consultations and channelling communications between Contracting Parties or with the Secretariat.
Chapter VIII - Final clauses
Article 24
Adoption of protocols
1. |
The Contracting Parties shall co-operate in the formulation and adoption of Protocols to this Agreement, prescribing agreed measures, procedures and standards for the implementation of this Agreement. |
2. |
The Contracting Parties, at a diplomatic conference, may adopt Protocols to this Agreement. |
3. |
The Protocols of this Agreement shall be subject to acceptance and shall enter into force on the thirtieth day after the deposit with the Depositary of the instruments of Acceptance of all the Contracting Parties. |
Article 25
Amendment of the Agreement
1. |
Any Contracting Party to this Agreement may propose amendments to the Agreement. Amendments shall be adopted by a diplomatic conference which shall be convened at the request of the majority of the Contracting Parties. |
2. |
Amendments to this Agreement shall be adopted by a consensus of the Contracting Parties. |
3. |
Acceptance of amendments shall be notified to the Depositary in writing and shall enter into force on the thirtieth day following the receipt by the Depositary of notification of the acceptance by all the Contracting Parties. |
4. |
After the entry into force of an amendment to this Agreement any new Contracting Party to this Agreement shall become a Contracting Party to this Agreement as amended. |
Article 26
Appendices and amendments to appendices
1. |
Appendices to this Agreement shall form an integral part of the Agreement. |
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2. |
Amendments to an Appendix:
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3. |
The adoption and entry into force of a new Appendix to this Agreement shall be subject to the same procedure as for the adoption and entry into force of an amendment to an Appendix as provided for in paragraph 2 of this Article, provided that the new Appendix shall not enter into force until such time as the amendment to the Agreement enters into force. |
Article 27
Rules of procedure
The Contracting Parties shall adopt rules of procedure for their meetings.
Article 28
Reports
The Contracting Parties shall transmit to the Secretariat reports on the measures adopted in implementation of this Agreement in such form and at such intervals as the meetings of Contracting Parties may determine.
Article 29
Relationships with other Agreements
The provisions of this Agreement shall in no way affect the rights and obligations of any Contracting Party with regard to any existing treaty, convention or agreement.
Article 30
Settlement and disputes
Any dispute between the Contracting Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably by consultation or negotiation.
Article 31
Ratification
This Agreement shall be subject to ratification by the Contracting Parties. The instruments of Ratification shall be deposited with the Secretary-General of the ASEAN Secretariat, who shall assume the functions of Depositary.
Article 32
Accession
1. |
After the entry into force of the Agreement, any Member State may accede to this Agreement, subject to prior approval by the Contracting Parties to this Agreement. |
2. |
Instruments of accession shall be deposited with the Depositary. |
Article 33
Entry into force
1. |
This Agreement shall enter into force on the thirtieth day after the deposit of the sixth instrument of Ratification. |
2. |
Thereafter, this Agreement shall enter into force with respect to any Contracting Party on the thirtieth day following the date of deposit of the instrument of accession by that Contracting Party. |
Article 34
Responsibility of the Depositary
The Depositary shall inform the Governments which have signed this Agreement:
a. |
of the deposit of instruments of ratification, acceptance or accession; |
b. |
of the date on which the Agreement will come into force. |
Article 35
Deposit and registration
1. |
The present Agreement shall be deposited with the Depositary who shall transmit certified true copies thereof to the Governments of all Contracting Parties which have signed the present Agreement or acceded to it. |
2. |
As soon as the present Agreement enters into force, the text shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. |
In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at Kuala Lumpur on this 9th day of July in the year 1985 in a single copy in the English language.
List of Species for Appendix 1 A
[Omitted]
List of Species for Appendix 1 B
[Omitted]