Cha-Am Hua Hin, Thailand, 23-25 October 2009

1. We, the Heads of State/Government of ASEAN Member States, gathered in Cha-am Hua Hin, Thailand, for the 15th ASEAN Summit on 23-25 October 2009. We had extensive, open and fruitful discussions under the theme of “Enhancing Connectivity, Empowering Peoples”.

ASEAN Charter

2. We were pleased with the progress made in the implementation of the ASEAN Charter particularly the operationalisation of the Committee of Permanent Representatives (CPR) in Jakarta which will be instrumental in strengthening cooperation among ASEAN Member States, improving coordination with the ASEAN Secretariat and enhancing relations with our external partners.

3. We commended the work of the High-Level Legal Experts Group on the ASEAN Charter. We also welcomed the signing of the Agreement on Privileges and Immunities of ASEAN by our Foreign Ministers to confer legal status to ASEAN and acknowledged the progress in the drafting of the Protocol to the ASEAN Charter on Dispute Settlement Mechanism (DSM).

4. We adopted Cha-am Hua Hin Declaration on the Inauguration of the ASEAN Intergovernmental Commission on Human Rights (AICHR) to welcome the establishment of the AICHR as mandated by Article 14 of the ASEAN Charter and our efforts to build a more people oriented ASEAN Community. We pledged to fully support the operation of the AICHR in accordance with its Terms of Reference prepared by the High Level Panel on an ASEAN Human Rights Body (HLP) and approved by our Foreign Ministers. We envisaged that the AICHR will be the overarching framework for regional cooperation on human rights which shall continue to evolve and develop in order to strengthen the promotion and protection of human rights in ASEAN. In accordance with the Terms of Reference of AICHR, we envisaged the full operationalisation of this body including the development of its work programme and the provision of necessary financial resource needs. We also noted the offer by the Philippines to host the AICHR.

5. We emphasised the need to allocate sufficient resources, including budget and personnel, to strengthen the ASEAN Secretariat so that it can fulfill its additional responsibilities and functions as required by the Charter.

6. We welcomed the appointment of H.E. Bagas Hapsoro as new the Deputy Secretary-General for Community and Corporate Affairs who will assist the Secretary-General of ASEAN in carrying out his responsibilities under the ASEAN Charter.

ASEAN Community Building

7. We were pleased with the progress made in our collective effort to realise an ASEAN Community by 2015 particularly the establishment of the ASEAN Political-Security Community, the ASEAN Economic Community and the ASEAN Socio-Cultural Community Councils which will help coordinate ASEAN cooperation in all the three pillars.

                     Engaging with Stakeholders

8. We fully recognised that the successful building of an ASEAN Community that is truly people-oriented by 2015 requires the cooperation and contribution of all sectors of ASEAN society and the participation of ASEAN peoples in all aspects of community-building. We therefore welcomed the fruitful meetings between ASEAN Leaders and representatives from the ASEAN Inter-Parliamentary Assembly (AIPA), ASEAN Youths, ASEAN Civil Society Organisations (CSOs) and the ASEAN Business Advisory Council (ABAC).

9. We emphasised the important role of ASEAN parliamentarians in promoting harmonisation of laws to facilitate community-building and the development of a rules-based ASEAN community. We recognised the importance of ASEAN youths as the potential leaders of tomorrow in further reinforcing the ASEAN Community. We acknowledged the continuing contribution of CSOs in ensuring the close engagement of peoples in the community-building process. We stressed the contribution of the private and business sector in forging a dynamic and competitive ASEAN community. We looked forward to similar engagements with these stakeholder groups in the future and encouraged continued close cooperation at all levels between governments and all sectors of society in the community-building process. We entrusted the Secretary-General of ASEAN to help coordinate the meetings with the view to ensure the smooth conduct and concrete outcome of such meetings.

                     Enhancing Connectivity

10. We recognised that enhancing intra-regional connectivity would benefit all ASEAN Member States and their peoples, contribute to promoting ASEAN centrality in the regional architecture, facilitate the building of an ASEAN Community that is competitive and increasingly interlinked with the wider Asia-Pacific region and the world, and serve as a foundation for a more enhanced East Asian connectivity. Central to the promotion of ASEAN connectivity is the development of physical infrastructure, of multimodal transportation and ICT linkages and of supporting legal infrastructure and other necessary “software”. To this end, we supported the development of an infrastructure development fund for ASEAN and called on our Dialogue Partners and interested External Parties to contribute to the fund. In this connection, we welcomed the 10 billion US dollars worth of ASEAN-China Fund for Infrastructure Development initiated by China and Japan’s ODA amounting to 20 billion US dollars announced by Japan for developing countries in Asia which would help ASEAN integration efforts. We also tasked our Finance Ministers to accelerate the establishment of such a Fund and develop arrangements to mobilize contributions from Dialogue Partners and other External Parties.

11. We also recognised that ASEAN connectivity required the connecting of the hearts and minds of ASEAN peoples across the region, through closer people-to-people ties, cooperation in education and capacity-building efforts. We welcomed the adoption of our Statement on ASEAN Connectivity which called for the establishment of an ASEAN High Level Task Force (HLTF) to work with the ASEAN Secretariat, the Economic Research Institute for ASEAN and East Asia (ERIA), the Asian Development Bank (ADB), the UN ESCAP and other relevant organizations to develop an ASEAN Master Plan on regional connectivity and report recommendations in this regard to the 17th ASEAN Summit. We therefore tasked the Secretary-General of ASEAN to develop the Terms of Reference for the ASEAN HLTF on Connectivity as soon as possible.

                     Strengthening Education

12. We underscored the importance of human resource development in promoting understanding among ASEAN peoples and ensuring the competitiveness of ASEAN Community in the global market. In this connection, we adopted the Cha-am Hua Hin Declaration on Strengthening Cooperation on Education to achieve an ASEAN caring and sharing society which would promote regional standard of competencies, promote greater mobility of students within educational institutions in the region, as well as promote ASEAN awareness in all three pillars of the ASEAN Community. To this end, we entrusted relevant Sectoral Ministers to develop a Five-Year Work Plan on Education.

Building Regional Resilience

Economic and Financial Stability

13. We discussed extensively the global economic and financial crisis and its adverse impact on our region. In this connection, we underscored the need to continue domestic stimulus packages to ensure sustained recovery. We also supported the G-20 Statement issued at Pittsburgh in September 2009 to implement reforms of the International Financial Institutions (IFIs) to ensure transparent and efficient management of IFIs, and reflect the voice and growing importance of emerging and developing countries. We emphasised the need to strengthen regulatory reform to prevent the recurrence of financial and banking failure. We agreed that the ASEAN Chair and the Secretary-General of ASEAN should be invited to participate in future G-20 Summits so that ASEAN can present its collective views as well as ensure close coordination between its regional approaches and the global approach undertaken by the G-20. In this regard, we agreed to entrust ASEAN Finance Ministers to coordinate ASEAN’s position ahead of G-20 Summits and to establish an ASEAN G-20 Contact Group comprising ASEAN Chair, Indonesia and Secretary-General of ASEAN.

14. We encouraged ASEAN Finance Ministers to work with their counterparts in the ASEAN Plus Three framework towards their commitment to implement the Chiang Mai Initiative Multilateralisation (CMIM) by the end of this year as agreed at the ASEAN Plus Three Finance Ministers’ Meeting in Bali.

Climate Change

15. We shared common concern on the impact of climate change to the economy, environment and well-being of people in the region. We also underscored the need for ASEAN to work closely together and with other Partners for a successful Copenhagen Conference of States Parties to the UN Framework Convention on Climate Change (UNFCCC). In this connection, we issued the ASEAN Joint Statement on Climate Change to the 15th Session of the Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change and the 5th Session of the Conference of Parties serving at the Meeting of Parties to the Kyoto Protocol to reaffirm our position that Parties to the UNFCCC should protect the climate system on the basis of equity and in accordance with the principle of common but differentiated responsibilities, and respective national circumstances and capabilities.

16. We recognised the importance and value of water resources which is now under intense pressure from both climate change and population growth. We underlined the need for ASEAN to further develop integrated people-oreinted approach for water resources management as well as to forge the exchange of knowledge and practices between new technology and local wisdom in confronting with and adapting to water resource problem, particularly water related disaster. Management of transboundary, transbasin and coastal water resources aiming to find a balance between the needs for food production and sustainability of natural resources should also be promoted.

17. We also acknowledged the importance of the inclusion of an integrated coastal and ocean management approach to prepare for and adapt to the adverse effects of climate change, as reflected in the Manado Ocean Declaration resulting from the World Ocean Conference, at COP 15.

Food and Energy Security

18. We recognised the urgent need to pursue low-carbon and green economy to mitigate the impact of climate change and the adaptation measures for its adverse impacts particularly on food and energy productions.

19. We pledged to strengthen our cooperation to enhance food security on both production and distribution fronts. We would make sure that resources and technology be sufficiently provided to increase food productivity, while appropriate mechanisms need to be developed to eliminate market distortions for food trade. To ensure food security in time of crisis and disasters, we tasked our relevant ministers and senior officials to expedite the establishment of an ASEAN Plus Three Emergency Rice Reserve (APTERR) as a permanent mechanism in the region before the East Asia Emergency Rice reserve Pilot Project expires in February 2010.

20. We noted the importance of ASEAN energy cooperation to ensure greater security and sustainability of energy through diversification, development and conservation of resources, the efficient use of energy as well as the wider application of environmentally-sound technologies. We also underlined the need to strengthen our cooperation on the development of renewable and alternative energy including hydropower and bio-fuels. We also noted the offer by Thailand to use its Practical Energy management Training Centre as a regional centre for other interested ASEAN Member States in training on energy conservation ib factories.

21. We looked forward to the adoption of Cha-am Hua Hin Statement on ASEAN Plus Three Cooperation on Food Security and Bio-energy

Development.

Disaster Management

22. We expressed our deep condolences and sympathies to all those who were affected by the latest natural disasters which affected some ASEAN Member States and appreciated the actions undertaken thus far by ASEAN Member States, the Secretary-General of ASEAN and the international community to alleviate the plight of those affected. In view of the rising incidents of natural disasters in our region over the past few years, we pledged to enhance our cooperation in disaster management and instruct the ASEAN Disaster Management Committee (ACDM) to ensure effective and timely implementation of the ASEAN Standby Arrangements and Standard Operating Procedures (SASOP) and fully operational ASEAN Coordinating Centre for Humanitarian Assistance (AHA) under the ASEAN Agreement on Disaster Relief and Emergency Response (AADMER) which we expect to enter into force by the end of this year. In order to ensure effective early warning networks and timely regional response, we encouraged closer cooperation among the military, civilian and civil society organisations among others.

23. We hoped to enhance our cooperation on disaster management with our Dialogue Partners and in this connection look forward to the adoption of a Statement on EAS Disaster Management which will give priority to enhancing capacity-building and a community-based approach in dealing with disasters in our region under the ASEAN Agreement on Disaster Relief and Emergency Response (AADMER) which will come into force on 12 December this year. We looked forward to enhanced cooperation on disaster risk reduction under the framework of the AADMER, and welcomed the Philippines as the incoming Chair of the ASEAN Disaster Management Committee in 2010.

Pandemic Diseases

24. We reaffirmed our collective efforts to enhance regional capabilities in surveillance, preparedness and response to pandemic diseases.

25. We welcomed the successful outcome of the ASEAN Plus Three Health Ministers Special Meeting on Influenza A (H1N1) held in Bangkok on 8 May 2009. We entrusted our relevant Ministers to fulfill their commitments under the Joint Ministerial Statement including the continuous implementation of national pandemic preparedness plans, strengthening surveillance and responses, and effective communication especially within the public realm to avoid panic and social disruption. We also stressed the need to enhance cooperation in the production of affordable vaccines for Influenza A (H1N1).

Narrowing the Development Gap

26. We underlined the need to narrow the development gap between Member States to enhance ASEAN integration. In this connection, we entrusted our relevant Ministers to expedite the implementation of the Initiative for ASEAN Integration (IAI) Work Plan II. The Work Plan, together with the three ASEAN Community Blueprints, will help move forward the community-building process in a more balanced, inclusive and sustainable manner.

27. We also pledged to continue to assist CLMV countries to build and strengthen capacities in implementing policies to mitigate the impact of the regional integration process.

ASEAN Political-Security Community

28. We reaffirmed our commitment to implement the ASEAN Political-Security Community (APSC) Blueprint which envisages ASEAN to be a rules-based Community of shared values and norms in a just, democratic and harmonious environment; a cohesive, peaceful, stable and resilient region with shared responsibility for comprehensive security; as well as a dynamic and outward-looking region in an increasingly integrated and interdependent world.

29. We welcomed the convening of the first and second meetings of the APSC Council and noted the priority areas of implementation of the APSC Blueprint. We noted the accomplishments in implementing the APSC Blueprint, especially the accession by the United States of America to the Treaty of Amity and Cooperation in Southeast Asia (TAC) as a strong signal of its commitment to peace and security in the region and the adoption of the ARF Vision Statement at the 16th ARF which will help ensure that the ARF remains effective and relevant in the evolving regional security architecture.

30. We reaffirmed the important role that the ASEAN Defence Ministers can play in contributing towards the peace and security of the region and to the realisation of the APSC. We also welcome the ASEAN Defence Ministers’ aspiration to establish a robust, effective, open and inclusive regional security architecture through the establishment of the ADMMPlus.

31. While enhancing regional integration, we also underscored the need to address and manage various issues challenging peace and security such as terrorism, internal conflicts, land and maritime boundary issues as well as national conciliation.

ASEAN Economic Community

32. We welcomed the outcome of the 2nd Meeting of the ASEAN Economic Community (AEC) Council, particularly on the AEC Scorecard that reflects progress made in the implementation of our commitments, and stressed the need to finalise all remaining measures within their given timeline.

33. We were pleased to learn that the ASEAN Economic Ministers have been engaging in the extensive public-private sector consultations, notably with the textiles and automotive sectors. We looked forward to the continued efforts in outreaching to other relevant stakeholders in order to enable them to enjoy the full benefits of the ASEAN Economic Community.

Realisation of the ASEAN Free Trade Area

34. We were pleased to note that the realisation of the ASEAN Free Trade Area (AFTA) on 1 January 2010 is well on track. By 1 January 2010, all tariffs for products in the CEPT Inclusion Lists of the six original signatories to the CEPT Agreement, representing 99.65 percent of total tariff lines, would be eliminated for intra-ASEAN trade. These account for 87.2 percent of total intra-ASEAN imports. The remaining ASEAN members would also not be far behind as 98.86 percent of their products have tariffs within the 0-5 percent range. The effective implementation of this major milestone in AFTA brings ASEAN closer to the ASEAN Economic Community where free flow of goods is one of its major objectives.

Goods

35. We looked forward to the implementation of the ASEAN Trade in Goods Agreement (ATIGA). We adhered to the principle specified in the Agreement and urged Member States to resolve the differences at the earliest opportunity.

Services

36. We noted the substantial progress that has been made in liberalizing trade in services through various rounds of AFAS negotiations and we look forward to the completion of the 8th Package of commitments by the end of 2010.

Investment

37. We recognize that the quality and timely implementation of ASEAN Comprehensive Investment Agreement (ACIA) will make ASEAN an attractive investment destination as well as stimulate the investment activities within ASEAN. We appreciated the efforts undertaken to reconcile the differences and look forward to the ratification of ACIA by all members at the earliest time.

Doha Development Agenda

38. We fully supported the G20 statement in Pittsburgh that pledged to seek a conclusion of the Doha Round of trade talks by the end of 2010 and instructed Trade Ministers to examine how the talks are proceeding by early next year at the latest.

39. We tasked our respective representatives in Geneva to work closely with other WTO members to narrow down differences and to seek progress on agriculture, non-agriculture market access as well as services, rules, trade facilitation and all other remaining issues. However, ASEAN believes that success of the Doha Round must come from concrete engagement from all parties and therefore we called for active participation, flexibility and political will to move forward from key members in the next few months so that the 2010 target would be truly attainable.

40. We reiterated our call for the facilitation and expedition of the accession process of the Lao PDR to the World Trade Organisation with special emphasis on their development. Small and Medium Enterprises (SMEs)

41. We called for regional actions to further strengthen the efficiency and competitiveness of Small and Medium Enterprises (SMEs). We underscored the importance of creating a more conducive business environment for SMEs. We have also called for other cooperative measures in support of SMEs. These include the development of an ASEAN SMEs Service Desk and of on-line linkages among SMEs Service Centres of the Member States and the wider dissemination and sharing of information on regional and international SMEs trade fairs, and on business matching and procurement activities in each Member State. We also welcomed the proposed establishment of an SME council with a view to advancing SMEs competitiveness and sustainability.

ASEAN Socio-Cultural Community

42. We emphasised the importance of promoting better understanding among the peoples of ASEAN particularly based on our common roots and shared historical heritage which would be the basis for drawing up common regional projects and setting the strategic direction and strategic thinking for building the ASEAN Socio-Cultural Community. We underlined the importance of getting ASEAN to the people and agreed to utilise various media to offer to the people the shared common destiny and to forge a common identity. In this context, we encouraged Member States to organise socio-cultural activities exchanges such as festivals, publication of books to enhance a better understanding among the peoples and the translation of books/literature into the languages of ASEAN Member States.

43. We also encouraged the use of English as an official language, the development of ASEAN curriculum as well as ASEAN awareness activities to be implemented on a regular basis.

44. We recognised the importance of and advancements made in the promotion and protection of the rights of women and children in ASEAN

which will complement the work of the AICHR. We therefore welcomed the adoption of the Terms of Reference of the ASEAN Commission on the Promotion and Protection of the Rights and Women and Children (ACWC) by the ASEAN Ministerial Meeting on Social Welfare and Development and instructed our relevant Ministers and Senior Officials to ensure its establishment and operationalisation by the 16th ASEAN

Summit in Viet Nam.

Science and Technology

45. We recognised the importance of science and technology in achieving sustainable economic and social development. We expressed our common desire to become a creative economy and knowledge-based society through strengthening our research and development cooperation, pooling of technologically qualified manpower, as well as promoting networks of scientific and technological institutions and centres of excellence.

Regional and International Issues

Myanmar

46. We underscored the importance of achieving national reconciliation and that the general elections to be held in Myanmar in 2010 must be conducted in a fair, free, inclusive and transparent manner in order to be credible to the international community.

Situation in the Korean Peninsula

47. We urged the DPRK to comply fully with its obligations in accordance with the relevant United Nations Security Council resolutions. We also urged all concerned parties to return to the Six Party Talks process as soon as possible and fully implement their commitments made in previous rounds of the Six-Party Talks which remains the main mechanism for achieving peace and stability in the Korean Peninsula.

Regional Architecture — East Asian community

48. We welcomed the completion this year of ASEAN’s regional free trade agreements and comprehensive economic partnership agreements with the six Dialogue Partners (Australia, China, India, Japan, New Zealand and the Republic of Korea) which should help promote greater trade and investment cross-flows within the region. We agreed to the recommendations of both East Asia Free Trade Agreement (EAFTA) and the Comprehensive Economic Partnership for East Asia (CEPEA) studies together and set up four Working Groups on rules of origin, tariff nomenclature, customs-related issues and economic cooperation to take forward East Asia integration. We tasked the Economic Ministers to make recommendations on this matter. We looked forward to discussing with our Dialogue Partners on the future direction of regional architecture with the ASEAN Community serving as its core.

Review Conference of the Nuclear Non-Proliferation Treaty (NPT)

49. We recognised that the Nuclear Non-Proliferation Treaty (NPT) is the central mechanism to contain and eliminate the treats of weapons of mass destruction. In this regards, we welcomed the Philippines Presidency of the May 2010 NPT Review Conference, and committed themselves to working together to achieve a successful outcome of the Conference on the three pillars of nuclear disarmament, nuclear nonproliferation, and peaceful uses of nuclear energy. We also encouraged individual ASEAN Member States to make progress in becoming

signatory or party to the Comprehensive Test Ban Treaty (CTBT), before the NPT Review Conference 2010.

ASEAN’s External Relations

50. We welcomed the interaction between the CPR and the non-ASEAN Ambassadors to ASEAN in Jakarta which would be instrumental in enhancing relations and cooperation between ASEAN and our external partners.

51. We welcomed the signing of ASEAN-China Investment Agreement on 15 August 2009 which effectively completed the mandate of the Framework Agreement on Comprehensive Economic Cooperation singed between us in 2002. The Leaders were pleased to note the progress in the implementation of the ASEAN-China Trade in Goods Agreement and looked forward to the realization of the ASEAN-China Free Trade Area (ACFTA) on 1 January 2010 when ASEAN 6 and China eliminates tariffs on products in their Normal Track. China has become ASEAN’s third largest trading partner in 2009.

52. We also look forward to the signing of the three MoUs between ASEAN and China later on 25 October 2009, including the MoU on Establishing ASEAN-China Centre, MoU on Cooperation in the Field of Intellectual Property, and MoU on Strengthening Cooperation in the Field of Standards, Technical Regulations and Conformity Assessment. These MoUs would contribute towards the enhancement of trade, investment, tourism, cultural and people-to-people exchange, as well as cooperation in the field of intellectual property and standards, technical regulations and conformity assessment on imported and exported products between ASEAN and China to ensure peoples’ benefit and safety.

53. We welcomed the report of the ASEAN-Japan Eminent Persons Group with recommendations to deepen and broaden further the strategic partnership. We encouraged closer people-to-people contacts, especially among the younger generation, through the expansion of Japan-East Asia Network of Exchange for Students and Youths Programme (JENESYS) for ASEAN youths. We also welcomed Prime Minister Hatoyama’s initiative to provide assistance to developing countries in mitigating and adapting to climate change as well as the Mekong-Japan Cooperation Framework to help narrow the development gaps in ASEAN.

54. We also welcomed the signing of the ASEAN-Korea Investment Agreement on 2 June 2009 and its entry into force in September 2009. We were pleased to note that, with the signing of the Investment Agreement, the mandate of the ASEAN-Korea Framework Agreement on Comprehensive Economic Cooperation signed in 2005, has been completed. We were also pleased to note that the ASEAN-Korea Free Trade Area would be realised on 1 January 2010 when ASEAN 6 and Korea implement their commitment to eliminate tariffs on products in their Normal Track. We noted the impressive rate at which ASEAN-Korea trade has been growing. In 2008, ASEAN-Korea trade grew by 23.4 percent compared with 9.5 percent in 2007. ASEAN is now the third largest trading partner of Korea and Korea is ASEAN’s fifth largest trading partner.

55. We welcomed the signing of ASEAN-India Trade in Goods Agreement on 13 August 2009. The Agreement is expected to create a free trade area comprising about 1.7 billion people with a combined gross domestic product of approximately US$ 2.75 trillion as of 2008. We instructed our senior officials to exert maximum effort towards concluding negotiations in services and investment to complete the mandate in the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and India, which they signed in 2003. We also encouraged the early establishment of ASEAN-India Business Council to strengthen business networks and opportunities.

56. We warmly welcomed the decision by the United States and ASEAN to convene the ASEAN-U.S. Summit in Singapore on 15 November 2009 which would mark a historic point in ASEAN-U.S. Dialogue Relations. The Summit is a reflection of the strong commitment of the U.S. Administration to deepen and expand its engagement with ASEAN. We looked forward to the United States working closely with ASEAN to develop our regional connectivity and to playing a pivotal role in contributing to the regional architecture in the Asia pacific.

Other Matters

57. We took note of Viet Nam’s proposal to host the 16th ASEAN Summit in Ho Chi Min City in April 2010 and the 17th ASEAN Summit and Related Summit in Ha Noi in October 2010.

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