§ 4:4.Transboundary environmental issues:..., 1 Comparative...

1 Comparative Environmental Law & Regulation § 4:4

Comparative Environmental Law & Regulation | October 2017 Update

Nicholas A. Robinson, Elizabeth Burleson, and Lin-Heng Lye

Chapter 4. Environmental Law in the Association of South-East Asian Nations (ASEAN)

Koh Kheng-Lian *

§ 4:4. Transboundary environmental issues: Intra-ASEAN—

Zoonotic diseases affecting the ASEAN region and the world

Correlation Table
Zoonotic diseases are both an ASEAN as well as a global problem. The outbreak of SARS and Avian Flu occurred
between 2003 and 2004 in some ASEAN countries as well as in other parts of the world. The issues raised involved not
only issues of human security, but also animal health, biodiversity, and ecosystems (e.g., the destruction of habitats and
wetlands in the course of culling) and sustainable development (question of sustainability of the poultry and other animal
industry—in fact, the whole chain of animal food production). 1

The ASEAN Health Ministers focused mainly on human health and food production. Avian Flu claimed at least 23
people lives in Thailand and Vietnam. It affected other parts of Asia, namely, Cambodia, China, Indonesia, Japan,
Laos, Pakistan, South Korea, Taiwan, Thailand, and Vietnam. The magnitude of the problem was envisaged should a
pandemic breakout. 2 However, this did not occur but preparations were underway.

ASEAN cooperated with the region as well as the WHO, the FAO, and the OIE in taking a number of measures and in
formulating guidelines in dealing with the problem. These initiatives included vaccine production; stockpile of medicine,
strategies, and plans for their containment. ASEAN and its member countries have also coordinated to combat these
diseases through institutional linkages and partnerships among all stakeholders in public and private sectors, and civil
societies. Some of the significant initiatives undertaken included those by the HPAI Taskforce, the ASEAN Expert
Group on Communicable Diseases, and the Regional Framework for Control and Eradication of HPAI. The various
initiatives and guidelines aim at a common approach to deal with the problem.

See below for a selected list of ASEAN instruments relating to SARS and Avian Flu during the short period of outbreak
between 2003 and 2005. It bears contrast to the paucity of instruments dealing with the Indonesian Haze:

Avian Influenza (H5N1)

2003 Southeast Asia Finalises Bird flu Plan Ahead of Donors' Meeting 3

2004 FAO—OIE Guidelines to Prevent and Control Avian Flu: Policies and Strategies (ASEAN
included) 4

2004 First ASEAN + 3 Health Ministers Meeting, 23 April 2004, Penang (with People's Republic of
China, Japan and Republic of Korea) 5

2004 ASEAN Regional Strategy for the Progressive Control and Eradication of HPAI 6

2004 WHO and ASEAN + 3 Health Ministers Meeting on Avian Influenza, Bangkok, Thailand 7

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2005 East Asia Summit Declaration on Avian Influenza Prevention, Control and Response, Kuala
Lumpur, Malaysia 8

SARS (Severe Acute Respiratory Syndrome)

2003 Joint Statement: ASEAN + 3 Ministers of Health Special Meeting on SARS, Kuala Lumpur,
Malaysia 9

2003 Joint Resolution: ASEAN + 3 (China, Japan, Korea) Aviation Forum on the Prevention and
Containment of the Severe Acute Respiratory Syndrome 10

2003 Joint Declaration: Special ASEAN Leaders Meeting on Severe Acute Respiratory Syndrome
(SARS), Bangkok, Thailand 11

2003 Addressing the Labour and Employment Challenge of the Severe Acute Respiratory Syndrome
(SARS) 12

2003 Joint Press Statement of the Special ASEAN + 3 Senior Labour Officials Meeting on Severe
Acute Respiratory Syndrome (SARS) 13

At the outset, the ASEAN Health Ministers held many meetings but only focused on measures dealing with the human
health. They did not deal with the environmental issues of biodiversity (such as destruction of wetlands as a measure
of culling, which would have adverse effects on ecosystems without solving the issue) or other issues such as animal
husbandry, putting in place a system relating to the whole chain of animal food production that is sustainable, etc. In
fact, the world was taken by surprise and did not quite know how to respond to it in a holistic manner. A number of
ASEAN countries, together with others in the region, were indiscriminately culling poultry and migratory birds. They
thought that culling millions of birds would stamp out the disease and did not realize the adverse impact this would
have on biodiversity when habitats of migratory birds are destroyed. In 2005, the secretariats of the CBD, the Bonn
Convention and Ramsar passed resolutions 14 to deal with biodiversity implications of culling. Other organizations and
ASEAN were on a learning curve as they met and discussed as the disease unfolded.

The experience gained in SARS and Avian Flu has made ASEAN quite well-placed to tackle the current outbreak of
swine fever, H1N1, which originated from Mexico in April 2009. ASEAN Health Ministers met on 4 May 2009 to discuss
the response. A Coordinating Center has been established by the ASEAN Secretariat to monitor development related
to H1N1 in the region. On 8 May 2009, “ASEAN Plus Three” Dialogue Partners (China, Japan and S. Korea) held a
meeting in Bangkok. 15 ASEAN is taking a proactive stand—Malaysia and the Philippines (ASEAN member states) have
confirmed cases; China, Japan, and S. Korea have also reported cases. The meeting pledged solidarity and cooperation
not only within the region but worldwide to prevent its spread. Among the measures discussed were enhancing the
stockpiling of the medication for H1N1, implementation and surveillance of national pandemic plans which were already
drafted for Avian Flu and SARS. “ASEAN Plus Three” expressed concern that “most of the vaccine production capacity
is located in Europe and North America, and is inadequate to respond to global pandemic.” Japan said it would donate
500,000 doses of anti-viral medicine, plus 750,000 sets of personal protection equipment, to ASEAN's existing stockpile,
to be shared across the region. The meeting also agreed to put in place “exit screening” as a cross-border disease control
strategy. ASEAN will be represented in the WHO meeting later this month in Geneva. As at 25 May 2009, there are
12,022 cases worldwide in 43 countries and 86 have died. 16

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§ 4:4.Transboundary environmental issues:..., 1 Comparative...

Although ASEAN and other countries have learned from the experience in SARS and Avian Flu, there is still more
that can be learned and ASEAN and its partners have the opportunity of further cooperation and collaboration as each
disease brings with it its own problems. Is the culling of pigs necessary? Egypt culled million of pigs—this is unnecessary
as the virus is not in pigs but in humans, although elements of the virus may be porcine. What if H1N1 mutates into
something more virulent? What about the high cost of protective gear and medicine? How do nations ensure that there
is no misunderstanding of the risks as this could be costly and precautions taken may be unnecessary? Is screening at the
airports, taking daily temperature, and quarantine of air passengers from certain countries and not from others effective?
Is there an overreaction, causing unnecessary alarm—people from some countries are taking and hoarding anti-virals as
a precaution—this may cause adverse effects. For example, in Japan, teenagers have been found to take Tamiflu. This
has caused “bizarre behaviour” in some, leading them to leap off tall buildings. 17 The line between action and non-
action in relation to risk assessment is not easy to balance. ASEAN and the world must continue to inform one another
of the situation and make recommendations to harmonize standards to be adopted before and during a pandemic.

The extent of success of ASEAN's efforts in shaping the policies, laws, and governance on Avian Flu and SARS can be
measured by the extent of their implementation by its member states. Malaysia, for example, established the Regional
Avian Influenza research and Reference Centre (NAIRRC), as well as the Regional WHO Collaborating Centre for
Influenza. Singapore has also been very active. It has put in place a plan for mobilizing various government agencies
and private sector to deal with zoonotic diseases, and has collaborated with Malaysia. It amended its Animals and Birds
Act 18 to require the Director General to destroy any animal or bird affected with the disease, and the Infectious Diseases
Act 19 to empower the Director to detain and isolate a person until he has been medically examined or treated. It has also
formulated Guidelines on Influenza Pandemic Preparedness: Guide on Infection Control Measures for Workplaces, 2006.
This system is being refined to deal with H1N1. Other ASEAN member states have also implemented to varying extent.

While ASEAN has been active in formulating various guidelines to tackle zoonotic diseases, the challenge remains that
there are national and political sensitivities that have to be handled with extreme caution (as in the Indonesian Haze).
An illustration is given in the protest by the Indonesian people during Avian Flu when Indonesia wanted to give blood
samples to the WHO for research. An unexpected adverse response from the people not to give blood samples arose
because they thought that the research would benefit the drug companies and not Indonesians. How can ASEAN ensure
that anti-viral drugs are available and affordable? The matter is now addressed in the Nagoya Protocol on Access to
Genetic Resources and the Fair and Equitable Sharing of benefits Arising from Their Utilization to the Convention on
Biological Diversity, Article 8(b). 20

Westlaw. © 2017 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.

Footnotes
* Professor, Faculty of Law, Director, Asia-Pacific Centre for Environmental Law National University
of Singapore. She is the Compiler and Editor of ASEAN Environmental Law, Policy and Governance,
Selected Documents (Vol. I (2009) & Vol. II (2012)), World Scientific Publishing Co.
1 Koh Kheng Lian, “Animal Health, Biodiversity Conservation and Sustainable Development: A Case
Study of Avian Influenza” IUCN Environmental Law Programme, 2005/2006 Newsletter.
2 China Daily, 10 May 2004.
3 http://www.aseansec.org/afp/143.htm, accessed 18 May 2009.
4 http://www.fao.org/ag/againfo/resources/documents/empres/AI_globalstrategy.pdf, accessed 18 May
2009.
5 http://www.aseansec.org/16091.htm, accessed 18 May 2009.
6 http://www.aitoolkit.org/site/DefaultSite/filesystem/documents/ASEAN%20Regional%20Strategy
%20for%20HPAI%202008-2010.pdf, accessed 18 May 2009.

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7 http://www.searo.who.int/en/Section10/Section1027/Section1802_7735.htm, accessed 18 May 2009.

8 http://www.fmprc.gov.cn/eng/topics/zgcydyhz/ninthasean/t230631.htm, accessed 18 May 2009.
9 http://www.aseansec.org/sars1.htm, accessed 18 May 2009.
10 http://www.aseansec.org/aviation_sars.htm, accessed 18 May 2009.
11 http://www.aseansec.org/sars2.htm, accessed 18 May 2009.
12 http://www.aseansec.org/labour_sars_printable.htm, accessed 18 May 2009.
13 http://www.aseansec.org/14951.htm, accessed 18 May.
14 Convention on Biological Diversity-First ever scientific assessment of the impact of avian flu
on wildlife and biodiversity launched (Press Release) www.cbd.int/ doc/press/2006/pr-2006-02-27-
afu-en.doc; CBD Resolution 8.2 http://www.cms. int/news/PRESS/nwPR2006/CMS_COP8.pdf;
Convention of Migratory Species-Migratory Species and Highly Pathogenic Avian Influenza
http://www.cms.int/ avianflu/CMS_Resolution_8_27.pdf; Ramsar Resolution IX. 23 http://www.
aseansec.org/19247.pdf, accessed 18 May 2009.
15 The Straits Time, 9 May 2009.
16 The Straits Times, “3 more flu cases investigated,” 25 May 2009. Also see “Flu
knows no boundaries http://www.asianage.com/presentation/leftnavigation/opinion/op-ed/flu-
knows-no-boundaries.aspx. See updates available at: http://www.aseanplus3-eid.info/news.php?
node=11&gid=150.
17 The Straits Times, “Pandemic ‘rehearsal:’ Plug gaps now,” 15 May 2009.
18 Cap 7, Statutes online http://agcvldb4.agc.gov.sg/, accessed on 18 May 2009.
19 Cap 137, Statutes online http://agcvldb4.agc.gov.sg/, accessed on 18 May 2009.
20 http://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.pdf.

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Works.

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