If there were anything that would symbolise the members' growing commitment to building their future community, agreeing to the convention would be it.

As incredible as it may sound, the legally-binding document was completed in just two months and three days. The draft put forward by the Philippines and Indonesia was circulated in mid-September, then it took another three days in mid-November last year at a beautiful resort in Bali to finalise the text. That constitutes a record in the history of Asean, given its members' preponderance not to give in or give way on anything they do not agree with.

Therefore the counter-terrorism convention can be used as a booster for the solidarity of the group and for its political will to fight terrorism on its own turf. The fact that it came ahead of the Asean Charter was also significant as it signals the members' readiness to grapple with different transnational issues which often concern national sovereignty and integrity. One of the recommendations by the Eminent Persons Group on the Asean Charter stressed the members' shared responsibility on issues of mutual concern.

What is interesting about this convention is its regional flavour and its treatment of issues related to terrorism. In this case, the Asean approach to combat terrorism could be emulated elsewhere. Two important points in the convention need to be considered especially those concerning rehabilitative programmes (article 11) and the concept of fair treatment (article 8).

As part of the comprehensive programme to prevent terrorist acts, Asean members agreed to share their best practices related to rehabilitative and social reintegration programmes. Singapore, Indonesia, Malaysia and the Philippines have experience in rehabilitating terrorists, and these programmes are part of an important campaign to counter local terrorist groups. Those who are arrested on terrorism charges need to be handled with the utmost care so that they can be reintroduced to mainstream society once again.

Singapore, Indonesia and Malaysia have good rehabilitation programmes that involve broader stakeholders including religious teachers. Reformed former terrorists have a rapport with and receive assistance from the communities they live in. Over the past four years, several hundred alleged terrorists were arrested and some have been put into these programmes. For instance, in Singapore reformed terrorists were given jobs in government organisations.

On the issue of fair treatment, the convention shows Asean's growing sensitivity to international human rights law, which prohibits any inhuman treatment of inmates. The grouping is mindful of the reported abuses of detainees both in Afghanistan and Iraq and those at the controversial Guantanamo Bay detention centre.

If history is any judge, Asean does not have a good record of taking such obligations seriously. Asean agreed in 1993 to set up a regional human rights mechanism, and nothing has happened since. Furthermore, Asean members have yet to individually accede to ratify the 16 counter-terrorism related treaties and protocols. The Philippines and Singapore have made much progress on this front, while Thailand has ratified five treaties.

Asean members feel more comfortable cooperating among themselves, as they know one another's potential and limitations. Asean members do not trust other international arrangements, especially the Asia Pacific Economic Cooperation (Apec). There is a strong sense that after the September 11 attacks on the US, Apec was hijacked by Washington to address terrorism issues in the forum, which is essentially for economic and trade issues. It is doubtful that Apec could be a better forum to address terrorism in the broader Asia-Pacific region. The ARF is a better forum and does a better job as it has several mechanisms in place. Asean members feel comfortable with the process they have participated in since 1994.

The ARF has cooperated in areas of law enforcement and intelligence agencies, the suppression of terrorist financing, and strengthening border security. It has also established the ARF Inter-Sessional Meeting on Counter-Terrorism and Transnational Crime, which encourages countries to exchange their experiences and best practices. Asean has entered into agreements on counter-terrorism with its key dialogue partners such as the US and China (2002), India and the EU (2003), and Japan and Russia (2004).

The Asean Convention on Counter Terrorism augurs well with ongoing UN efforts and those by other international organisations since September 11. Resolution 1313 adopted by the UN Security Council has become the template for Asean to follow, including provisions that criminalise assistance for terrorist activities, deny financial support to countries that provide a safe haven for terrorists, and encourage members to share information about groups planning terrorist attacks.

Future cooperation between Asean and the UN will be strengthened. Last year, Asean became a UN observer after more than a decade of debate. Indeed, Asean is paying more attention to the UN and the importance of being represented at the world body. Second, Asean wants to retain its role as a driving force in regional dialogue and cooperation, as well as promote international peace, security, human rights and socio-economic development. How can a regional grouping accomplish this if it does not cooperate with the UN?

Asean's progress on the counter-terrorism convention was due to its pragmatism, as the grouping side-stepped the controversial definition of "terrorism". Asean chose to focus on criminal acts of terrorism instead of defining terrorism the way others do. Definitions pertaining to criminal acts of terrorism as defined by various UN conventions and protocols served as valuable sources for the drafting of the Asean convention.

The grouping hopes that with the convention now in place, the next step is to conclude an Asean extradition treaty. Given the grouping's momentum, the Asean secretariat is confident that the treaty will be completed in time for the next summit in November in Singapore, but it is still a tall order. At the same time, Asean leaders are scheduled to sign the Asean Charter, another legally-binding document to mark the 40th anniversary of the founding of Asean. If all goes according to plan, the Asean secretariat will be given more of a mandate to speak on behalf of member countries on issues related to counter-terrorism, including filing an annual report to the UN on behalf of Asean. In the future, it is also possible that the secretariat will have the authority to name its own terrorist groups within the region as in the US and Europe.

Kavi Chongkittavorn