Dirgahayu Sang Setia ke-8 Tahun

Brunei Darussalam: Looking local for human resources

WHILE Brunei Darussalam's Energy Department is pushing for full localisation of human resources in the oil and gas sector, firms say the transient nature of the industry and a lack of experienced locals make this a challenge.

In mid-October, Pehin Dato Yasmin Umar, the Minister of Energy, said recent directives aimed at ensuring Bruneian staff members comprise the majority of employees are an obligation, not a goal, for oil and gas firms.

"I cannot accept that some of the companies that have won contracts in Brunei and are worth more than $100 million still employ a workforce of only 11-20 per cent Bruneians," he told a local news website.

Under the "Guidelines for Directive 2 on Local Business Development Framework (LBD) for the Oil and Gas Industry", issued on February 1, companies would only be eligible to compete in industry tenders if at least 50 per cent of their workforce is Bruneian.

Localisation drives have seen some success in the past. In 2008, 73 per cent of the 4,379 staff employed by the oil and gas sector were Bruneians.

However, Pehin Yasmin noted in April that this had dropped to 50 per cent.

Industry leaders told OBG they face a number of issues, including limited numbers of suitably qualified technical people.

"The Energy Department's objectives regarding Bruneisation are absolutely right, and Bruneians deserve to be employed," Jason Hammond, the territory manager of Riyan Cameron, told OBG.

"Staying ahead of the curve is the objective we set ourselves, and it's a challenge to meet those increasing requirements. The sector has already started to feel the shakeup, and we know exactly where we need to be in the near future."

In October, the government told oil and gas players that those who do not comply with the LBD would not be awarded new contracts or extensions of contracts.

The Energy Department at the Prime Minister's Office has set a target of a 70 per cent increase in "local participation" over the next five years and to have 80 per cent of employment localised by 2035.

The department has stressed that the localisation policy is not anti-foreigner.

"This is not trying to be against them. All we are saying is, you've been winning the tenders, so it's only fair that we ask you to please do something about your local business development obligation," Pehin Yasmin said.

Some companies are beginning to find ways to comply.

While speaking with The Brunei Times in October, Jennifer Puk, a personnel manager at Amarco, a regional offshore marine contractor, said that her company has almost 80 per cent local staff.

"If it is possible, we are pushing for 100 per cent localisation within the next five years."

Brunei-based Amarco has launched apprenticeship programmes that will help the company evaluate suitable candidates, including a two-week orientation session, a six-month on-the-job (OTJ) training on a vessel and a two-year apprenticeship.

Tan Kah Wee, a control and automation engineer at Petrokon, a domestic oil and gas firm, said the company was placing local employees alongside experienced foreign employees for knowledge transfer.

"Our company provides a lot of training and we will send them for OTJ training and courses to gain more knowledge. We are really interested in local people and willing to train them," said Tan.

As the private sector pursues its own methods to achieve the government's targets, the education sector is also stepping up to the plate.

In February, the Institut Teknologi Brunei (ITB) will increase the ratio of local students in its civil engineering programme, as well as through its twinning arrangement on Petroleum and Chemical Engineering Articulation degree programmes carried out with Australia's University of New South Wales.

Dato Dr Hj Omar Hj Khalid, the former vice-chancellor of the ITB, told local media in August that the energy industry requires many mechanical and electrical engineering graduates, highlighting that mechanical engineers are in "great demand" among Bruneian industries.

However, a number of oil and gas employers have stressed that Bruneians who do not possess a degree but have a positive attitude toward working in the industry still have the opportunity to gain employment in the sector.

The government's efforts to localise human resources in the energy sector should produce Bruneians with highly valued expertise.

However, the authorities will also need to keep its diversification priorities in mind when designing training programmes to ensure that other sectors benefit from improved education offerings.

Dipetik dari - Oxford Business Group

To kowtow or cooperate in Asia

By YURIKO KOIKE

When a U.S. president's first overseas trip following his re-election is to Asia, one can be sure that something big is afoot in the region. Indeed, Barack Obama's decision to go first to impoverished and long-isolated Myanmar (Burma) attests to the potency of the changes under way in that country — and to U.S. awareness of China's efforts to shape an Asia that kowtows to its economic and foreign-policy interests.

Events at the ASEAN and East Asian leadership summits in Phnom Penh, the other key stop on Obama's tour, confirmed this. At the ASEAN summit's conclusion, Cambodian Prime Minister Hun Sen, a former Khmer Rouge commander who has ruled his country with an iron fist for three decades, closed the meeting by proclaiming that all of the leaders had agreed not to "internationalize" sovereignty disputes over islands in the South China Sea. Chinese Prime Minister Wen Jiabao, present at the summit to sign new multimillion-dollar aid agreements with Cambodia, smiled and nodded in agreement at this apparent acceptance of Chinese wishes.

Not so fast, said Filipino President Benigno S. Aquino III. No such agreement had been made. Hun Sen had mischaracterized the discussions among leaders of the 10-member Association of Southeast Asian Nations.

Japanese Prime Minister Yoshihiko Noda, who was also present in Phnom Penh, agreed with Aquino. At the summit's end, Vietnam, Malaysia, Indonesia, Brunei and Singapore joined with Aquino in demanding that Hun Sen's statement be amended. All six of these states have been pushing China to negotiate with ASEAN a multilateral process to resolve the South China Sea territorial disputes. China, dwarfing all of them, prefers bilateral talks.

As Hun Sen's behavior demonstrates, countries that are overly dependent on Chinese aid and diplomatic backing will harmonize their policies accordingly. For two decades, Myanmar behaved likewise, until Chinese overreach, particularly the now-abandoned Myitsone Dam project, revealed the subservient relationship that China envisioned. China's arrogance — 100 percent of the power from the proposed dam was to be exported to China — was probably the key factor in precipitating Myanmar's democratic political transition and new openness to the world.

But Asians must not misconstrue Obama's visit. Although the U.S. is certainly undertaking a strategic "pivot" to Asia, America alone cannot construct a viable security structure for the region. From India to Japan, every Asian country must play its part.

There is no alternative to this approach, because China's rise has been accompanied by massive social and economic changes — in some instances dislocation — across the entire region. Asia's economies have, of course, become much more integrated in recent decades, particularly through production for global supply chains. But economic integration has not been matched diplomatically. Even two of the region's great democracies, Japan and South Korea, which have nearly identical strategic interests, have allowed an old territorial dispute — itself reflecting older unresolved animosities — to block closer cooperation.

China's prolonged — and apparently contentious — leadership transition, punctuated by the purge of Bo Xilai, suggests that its leaders' ability to continue to manage the country's emergence as a great power is not entirely certain. That makes the absence of a widely accepted regional structure of peace all the more dangerous.

International orders emerge either by consensus or through force. The great task for Obama, incoming Chinese President Xi Jinping, Indian Prime Minister Manmohan Singh, the new Japanese and South Korean leaders who will come to power following elections in December, and all ASEAN members is to ensure that consensus prevails in Asia without stoking China's greatest strategic fear — encirclement.

As everyone in Asia should recognize, whenever communist China has deemed that it faced such a threat, it has resorted to war — in Korea in 1950, India in 1962, the Soviet Union in 1969 and Vietnam in 1979. But fear of provoking China should not stop Asia's leaders from seeking a regional security consensus, such as the proposed code of conduct for disputes in the South China Sea. Only the weakest of Asian states will submit willingly to Chinese hegemony — or, for that matter, to a Cold War-style U.S.-led containment strategy.

Indeed, the idea that Asian countries must choose between a Chinese or American future is false. But can Asia's fear of hegemony and China's fear of military encirclement be reconciled?

Only a shared sense of common purpose can prevent regional militarization. Some early steps in the right direction are visible. The U.S. has joined several other countries in embracing a Trans-Pacific Partnership, a free-trade pact linking the Americas with Asia. Japan's ruling party and leading opposition party are coming around to support the idea, and Obama's invitation to China to join suggests that the U.S. is trying to forge regional consensus where it can.

For now, however, China has other ideas. It has pressed ASEAN to establish a trade zone that would include China but exclude the U.S. and Japan.

In any case, trade agreements, however beneficial, can do little to defuse Asia's sovereignty disputes, and it is here — the greatest current source of regional tensions — that a shared common enterprise is not only possible, but also necessary if peace is to be preserved. After all, no government in the region — whether a democracy like Japan, South Korea, Taiwan and the Philippines, a one-party state like China and Vietnam, or a tiny monarchy like Brunei — can acquiesce on such issues and hope to survive.

Such diplomatic realism need not lead to zero-sum outcomes, as the example of European integration demonstrates. Just as the European Coal and Steel Community preceded today's European Union, all of Asia would benefit from embracing shared development (without any renunciation of sovereignty claims) of the rich maritime resources that, in several cases, are fueling the sovereignty disputes.

Dipetik dari - The Japan Times Online

Muhasabah Diri Di Akhir Tahun

Oleh : Dr Juanda Jaya (Mufti Perlis)

Keghairahan menyambut pesta tahun baru mewarnai kehidupan penduduk terutama di bandar-bandar besar. Pelbagai gaya dan cara dipersiapkan untuk menghitung detik demi detik berlalunya tahun 2012. Harapan dan cita-cita masyarakat dunia hampir sama iaitu kehidupan yang lebih baik pada tahun hadapan.

Peperangan, penjajahan terselindung dan kemiskinan menjadi agenda yang belum lagi ditamatkan. Bagi negara-negara yang majoriti penduduknya adalah orang Islam, banyak permasalahan yang mesti diselesaikan sebagai misi perjuangan membangunkan umat. Al-Imam al-Syahid Hasan al-Banna, seorang pendakwah ulung di Mesir suatu ketika dahulu pernah menyuarakan tentang kepentingan amal yang bersepadu di dalam jamaah kaum muslimin. Beliau menggariskan tujuh amal yang mesti dilakukan oleh setiap individu muslim agar kejayaan dan kecemerlangan umat Islam menjadi realiti.

1. Kerja untuk peribadi. Bertujuan memperbaiki diri dengan ilmu, akhlak, akidah, ibadah, dan bermujahadah mencari nafkah dengan jujur dan amanah.

2. Kerja untuk keluarga. Bertujuan mendidik dan membina keluarga muslim yang sempurna jasmani dan ruhani.

3. Kerja untuk masyarakat. Bertujuan untuk mengembangkan aspek-aspek positif dalam masyarakat dan mencegah hal-hal negatif dari berleluasa.

4. Kerja untuk tanah air bangsa dan negara. Bertujuan untuk membebaskan dari pengaruh penjajahan.

5. Kerja untuk kerajaan. Bertujuan untuk melaksanakan aturan dan hukum-hakam untuk kemaslahatan kaum muslimin dan umat manusia seluruhnya.

6. Kerja untuk umat. Bertujuan menghidupkan semula kegemilangan umat Islam dan berusaha menyatu padukan kaum muslimin.

7. Kerja untuk agama. Bertujuan memastikan tersebarnya Islam di seluruh dunia.

Betapa banyaknya tanggung jawap yang mesti dilaksanakan oleh setiap orang Islam. Jika mereka sedar dan bangkit memperjuangkan kehidupan mereka tidak mustahil kekuatan dunia akan berada di tangan umat Islam.

Firman Allah SWT: ”Apakah kamu menyangka bahawa kamu akan masuk syurga, padahal belum nyata bagi Allah orang-orang yang berjuang di antara kamu, dan belum nyata orang-orang yang sabar.” (Ali Imran: 142)

Pada penghujung tahun ini adalah masanya bagi umat Islam untuk melakukan muhasabah diri tentang pencapaian-pencapaian yang telah dimiliki dan kekurangan-kekurangan yang perlu diperbaiki. Amalan muhasabah sebenarnya elok dilakukan setiap hari, bahkan Imam al-Ghazali mengajarkan dalam Ihya’ Ulumuddin tentang keperluan melakukan muhasabah pada setiap amal yang dilakukan. Beliau menggariskan konsep ’tiga kali muhasabah dalam satu amal’ iaitu sebelum melakukan pekerjaan, ketika melakukannya dan selepas mengerjakannya. Dalam Al-Quran juga telah ditegaskan tentang suruhan bermuhasabah sebelum kita menghadapi hari penghisaban Allah nanti.

Firman Allah SWT: ”Wahai orang-orang yang beriman bertakwalah kepada Allah dan hendaklah setiap diri memperhatikan apa yang telah dikerjakannya untuk hari esok (akhirat) dan bertakwalah kepada Allah, sesungguhnya Allah Maha Mengetahui apa yang kamu kerjakan.” (Surah Al-Hasyr: Ayat 18)

Sudah sepatutnya orang Islam merancang kehidupannya dengan lebih teratur dan terarah. Tentu saja kehidupan ini bermula di dunia hingga ke akhirat. Rancanglah masa depan akhirat, tetapi jangan sampai terlupa di mana nanti kita akan tinggal. Pada syurga tingkat ke berapa? Bagaimana dengan masa depan anak dan isteri di akhirat nanti? Bolehkan mereka sebumbung dengan kita menikmati istana syurga?

Ada pula orang yang langsung tidak merancang hidup di dunia, manalah terdaya akhirat dimiliki. Kemiskinan dan kebodohan menimpa anak-anak yang kurang pendidikan, manakala isteri pula tidak didedahkan dengan tanggungjawab membina masa depan bersama. Manakala si suami asyik dengan sikap malas dan tidak ambil peduli. Apabila kehidupan menjadi beban bagi seorang individu, maka tiada kebahagiaan akan dikecapi. Akan tetapi jika kita memandang hidup ini sebagai nikmat, maka realiti yang akan kita hadapi adalah kemanisannya. Kerana dalam kesusahan itu ada nikmatnya.

Pandanglah hidup dengan pandangan manis dan nikmat. Nescaya keceriaan dan kegembiraan sentiasa bersama anda. Benarlah sabda baginda SAW: ”Sungguh mengkagumkan keadaan seorang mukmin, keadaan mereka sentiasa baik. Tidak terjadi yang demikian itu kecuali bagi orang mukmin. Jika ia mendapatkan kesenangan ia bersyukur. Hal itu merupakan kebaikan. Jika ia tertimpa kesusahan, ia bersabar. Itu juga merupakan suatu kebaikan.” (Hadis riwayat Muslim)

Selamat menyambut lembaran baru, semoga kita semua mendapat petunjuk daripada Allah SWT untuk menghadapi hari esok dengan kekuatan baru menggapai kecemerlangan dunia dan akhirat.

Dipetik dari - DrJuanda.com

Monarchism matters

Posted By Michael Herb

The Arab Spring was hard on Arab presidents: most of the personalist presidential autocracies are now gone. But no Arab monarchs fell during the Arab Spring. Why did the monarchs fare so well? The strong correlation between monarchism and survival suggests, of course, that monarchism had something (or everything) to do with it. Some scholars, however, have argued the success of the monarchs does not have much to do with their monarchism, but can be traced to other factors, especially oil and foreign support. These factors are not irrelevant, but monarchism still mattered, and for two reasons. The monarchs benefited, first, from their ability to promise reform and, second, from the sense amongst their citizens that, while not ideal, monarchical rule was better than the republican alternatives. These factors, however, are not permanent, and the ability of the monarchs to weather the recent storms does not mean that they will fare as well the next time unrest sweeps the Arab world.

Critics of the importance of monarchism during the Arab Spring have one thing very right: Arab culture is not the explanation. The profile of those who led the demonstrations that brought down the Arab presidents in 2011 -- young, urban, and possessing some measure of education -- in past decades was the profile of the groups most hostile to monarchs. When the Arab new middle class gained control of an army in the 1950s or 1960s, the end was near for the monarch. And the example of neighboring Iran in 1979 suggests that a nation as a whole can turn against its monarch, expelling him in a fit of revulsion that cuts across classes and political inclinations. It may be that monarchs start one step ahead of presidents because they can wrap themselves in tradition more easily (especially when passing power to their sons) but there is no good reason to suppose that Arab monarchs enjoy some sort of permanent lease on the affections of their people.

Neither, however, is oil a guarantee of monarchical survival. The monarchs, it is true, handed out many billions during the Arab Spring in the hope of keeping their people off the streets. If the monarchs did not think all this spending did them some good, or at least was an insurance policy of sorts, they would not have done it. But it is hard to attribute the monarchs' good fortune only to oil. Libya has oil wealth, and Qaddafi nonetheless faced a widespread rebellion. The oil deprived kings of Morocco and Jordan still rule their kingdoms. It is hard to argue that oil made a difference because it strengthened the repressive capacity of the state: the Syrian state also has a great deal of repressive capacity, and that did not stop Syrians from trying to overthrow their regime. Instead, the spending in the spring of 2011 suggests that the monarchs hoped to buy off their citizens. But this implies a theory of motivation among the citizens of the monarchies which is neither flattering nor entirely plausible. Are Saudis really so easily bought so that some additional spending on housing and salaries will keep them off the streets, despite the many faults of their rulers? What made the demonstrations in the republics different from those in the monarchies was that demonstrators hated their presidents but retained some measure of respect for their kings (though not always for their policies, or their courtiers). That respect, or lingering tolerance, was not purchased. Instead the monarchs benefited from the general sense among the Arab public that the monarchs were not so bad as the presidents.

Bahrain, the monarchy that suffered the most serious protests, illustrates the point. It is the monarchy in which the ruling family enjoys the least support amongst its people -- or, to be precise, amongst the Shiite majority of the Bahraini citizenry. Most ruling families attempt to balance among the various identity groups within their societies, or at least the larger ones. Bahrain's Al Khalifa instead have built a regime on the basis of the repression of the Shiites. And so the Shiites rose up in the spring of 2011. Given the family nature of the regime, and its powerful foreign friends, there never was much prospect that the Al Khalifa would lose power altogether. But it was not surprising that Bahrain was the monarchy with the strongest protests.

The rest of the monarchs possessed two key advantages over the presidents in the spring of 2011. First, they profited from comparisons between their rule and that of the presidents. A list of countries in the region once ruled by monarchs is enough to make the point: Iraq, Egypt, Iran, Libya, and Yemen. The rapid diffusion of revolution in 2011 made very clear that Arab publics do make comparisons with other Arab regimes. And this comparison in particular gave rise to a zeitgeist in the Arab world before the Arab Spring in which monarchism enjoyed some measure of tolerance as a regime type that produced better results (or at least less-bad results) than the available alternatives.

A second factor also helped the monarchs: they could make credible promises to implement political reforms. The king of Morocco treated the Arab Spring like a five alarm fire -- and in his first speech, he promised a slew of reforms to steal away the momentum from the protesters on the streets of Morocco's cities. It worked, in part because his promises were at least somewhat plausible. Compare his strategy to the plight of the Mubarak regime: the elder Mubarak wanted to install his son Gamal as president. To do so, a series of elections needed to be won, and to win these elections the regime became increasingly authoritarian in its last years. A continuation of the Mubarak dynasty in Egypt promised nothing more than more of the same authoritarianism. The king of Morocco could promise reform and hint at constitutional monarchy. He could promise to remove his courtiers, and appoint the winner of the next election to be the prime minister. And, one might plausibly hope, maybe later he could go farther and give the prime minister some of the crucial powers reserved for the palace today.

The problem for monarchs going forward, in the wake of the Arab Spring, is that these two factors are not at all permanent. The zeitgeist, by its nature, can change - and it will change if the new republican regimes succeed. Qaddafi made the worst of the Arab monarchs look good. The new regimes in Tunisia, Egypt and -- who knows, maybe Libya -- might make the monarchs look like despots. Second, the monarchs have promised a great deal of constitutional change, and have delivered very little (with the partial exception of Kuwait). The next time around, promises will not likely be enough: real signs of change will need to be clear. Absent that, the monarchs might wind up going down the road of Bahrain's ruling family, ruling over an embittered population that no longer believes promises of reform. That would not necessarily doom the monarchs, especially the family businesses of the Gulf. But it would send them down a dead end of discord and repression.

Dipetik dari - Foreign Policy

Is Jordan Headed for an Arab Spring?

By Maha Hosain Aziz

In 2011, during the first wave of the Arab Spring, Jordan stood out as an oasis of stability. Recurrent but largely peaceful protests demanding political reform led to two prime ministers being sacked by King Abdullah II in February and October. This year, in the movement’s next wave, some protesters have shifted their focus to direct criticism of the monarch—an act that can lead to a prison sentence of up to three years in the kingdom. Could King Abdullah, an American ally in a highly unstable region, be the next casualty of popular upheaval?

That’s unlikely at this point mostly because protesters still focus mainly on reforms, both political and economic. They appear willing to give the king one more chance. Whatever he proposes, we can certainly expect a bumpy road before the monarch manages to reclaim any domestic legitimacy, especially after almost two years of significant political and economic crises. Not helping are the growing presence of jihadists —11 members of an al Qaeda-linked cell were arrested in October in an alleged local bomb plot—and the influx of more than 100,000 refugees from neighboring Syria.

In early September, thousands of protesters in nine of Jordan’s 12 provinces demanded the resignation of Prime Minister Fayez al-Tarawneh after the government decided to raise fuel prices by 10 percent. Although King Abdullah promptly suspended the government’s move, some protesters openly mocked him, leading to at least 15 arrests. In October, more than 10,000 Jordanians protested for political reforms in the capital, Amman, despite the king’s call for early elections and plans for electoral reform.

Most recently, in mid-November, thousands protested in cities and towns in more than 100 demonstrations across Jordan following the government’s decision to lower fuel subsidies once again—this time to avoid complete economic collapse by reducing the country’s budget deficit and securing a $2 billion loan from the International Monetary Fund. In some rallies, protesters spoke out against the king; in Dhiban, some burned pictures of him. The Islamist opposition—the Muslim Brotherhood’s Islamic Action Front (IAF) party—has been vocal about its intention to keep protests going, despite the use by riot police of water canons and tear gas on protesters. So far 17 civilians and 58 policemen have been hurt, one protester has been killed, and 158 have been arrested. The military has said it will use “an iron fist” against protesters who “harm public or private facilities or citizens.”

All this unrest exacerbates a severe political crisis. Besides the dismissal of two prime ministers in 2011, three prime ministers have already held power this year: Awn al-Khasawneh, Fayez al-Tarawneh, and the current leader, Abdullah Ensour. King Abdullah has called for elections to be held on Jan. 23, but the opposition—particularly the IAF—has announced plans to boycott the election. Despite concessions by the king that include a constitutional court and an election that will apparently produce an elected prime minister for the first time, rather than one appointed by the monarch, the unrest will probably continue until the IAF and the monarchy reach some consensus about the election.

The economic crisis is severe. Unemployment stands officially at more than 11 percent, but unofficial estimates suggest it is as high as 30 percent. Prices of such basic items as heating kerosene and cooking gas have, respectively, increased by more than 30 percent and 50 percent following the removal of government subsidies. The country faces a significant energy crisis. Much-needed aid from Saudi Arabia and other Arab nations has not yet been delivered. The monarch’s promise of “comprehensive development” clearly isn’t appeasing anyone.

There’s no question that King Abdullah’s domestic legitimacy has eroded significantly in the last two months. This growing legitimacy crisis will continue into 2013—unless there arrives some kind of political agreement involving the IAF, along with economic concessions providing immediate popular relief. If not, Jordan’s days of absolute monarchy could be numbered, despite international support from the U.S., Israel, and other Arab monarchies.

Dipetik dari - Businessweek

Southeast Asian unity stumbles over China’s claims

By Jonathan Manthorpe

For all of its 45-year history the 10-member Association of Southeast Asian Nations (ASEAN) has tottered on the brink of dysfunction.

Last week that stumbling veered dangerously close to the edge when the host of this year’s annual summit, Cambodia’s dictator-Prime Minister Hun Sen, openly acted as a proxy for China in its dispute with four ASEAN members over ownership of islets and shoals in the resource-rich South China Sea.

Hun Sen’s attempt to slip through a resolution backing China’s position that the territorial dispute should not be “internationalized” outraged several member states, especially the Philippines and Vietnam, both of which have in recent months been confronted by aggressive Chinese surveillance vessels in their waters.

Philippines President Begnino Aquino loudly objected to Hun Sen’s attempt to write into the final communique a comment that there was a consensus among ASEAN leaders that the dispute should not be made an international issue.

Aquino said he reserves the right to take what ever steps he wants in whatever forum he chooses to protect his country’s sovereignty.

He pointed particularly at the International Tribunal on the Law of the Sea. But like other southeast Asian leaders, Aquino has in recent years restored strong military and diplomatic ties with the United States as protection against China’s increasing assertiveness.

Beijing has pursued a policy of divide and rule in its disputes over the Spratly and Paracel islands and Scarborough Shoals with the Philippines, Vietnam, Malaysia and Brunei.

Other member states are Indonesia, Singapore, Burma, Laos, Vietnam and Thailand.

Ownership of these outcrops in the sea gives economic control over what are believed to be large submarine reserves of oil and gas as well as abundant fishing grounds and the capacity to regulate some of the world’s busiest maritime trade routes.

China has always insisted these disputes should be resolved on a bilateral basis, where its power to intimidate is most potent. Meanwhile China has agreed to evolving with ASEAN countries a code of conduct for the disputed areas while at the same time using tactics to ensure such a code is never finalized.

Hun Sen has become beholden to Beijing as China establishes itself as a major investor in his country — $2 billion last year, which is 10 time more than the U.S. and twice the combined investment of other ASEAN members.

In July at a ministerial meeting the ASEAN delegates were for the first time unable to issue a communique because Hun Sen, fresh from a bountiful meeting with Chinese President Hu Jintao in which more gifts and low interest loans were given, refused to allow a reference to the South China dispute to be included.

ASEAN’s essential weakness in the face of both internal dynamics and external forces from China stems from the ground rules put in place at its founding in 1967.

Decisions must be made not by majority vote, but by consensus. And there must be no interference in the internal affairs of member states, such as criticism of their political systems or attitudes toward human rights.

The result, of course, is that ASEAN moves at the speed of its slowest and most reluctant member, when it moves at all.

And, in the spirit of unity, ASEAN accommodates without comment member states that are military dictatorships, one-party despotisms, authoritarian personal fiefdoms, family conglomerates masquerading as countries, and the occasional reasonably open and transparent democracy.

ASEAN was founded primarily to end the wars and threats of invasion that plagued the region throughout the 1960s and 1970s by binding the member states into the common purpose of security and economic development.

On the security front ASEAN has been reasonably successful, though the recent border war between Thailand and Cambodia demonstrated the group‘s ineffectiveness when conflicts do occur.

Far less successful has been the evolution of common values and codes of conduct.

Years of hand-wringing over a ASEAN human rights charter has finally produced a document that had to meet the approval of the perpetual human rights abusers, and which therefore has the velocity of a wet rag.

And the timetable for implementing plans to integrate the member state economies into an ASEAN Economic Community similar to the European Union keeps disappearing into the future. There is little real expectation that the current introduction date, January, 2014, will be met.

Dipetik dari - Vancouver Sun

Dismal productivity threatens Brunei's rich nation status

Debbie Too
BANDAR SERI BEGAWAN
Friday, November 23, 2012

IF PRODUCTIVITY in Brunei continues to decline, the Sultanate will no longer be among the top ten richest nations by 2023, the deputy minister at the Prime Minister's Office and chairman of the Brunei Economic Development Board said yesterday.

According to Forbes Magazine, Brunei's per capita income in 2012 was $48,000, the fifth highest in the world and the second highest in Asia behind Singapore, which ranked third with a per capital income of about $56,700.

Dato Paduka Hj Ali Hj Apong (pic), who was speaking during the Brunei Business Forum yesterday at the Radisson Hotel, said Brunei's economy had been "growing at a relatively disappointing rate" compared to the country's ASEAN neighbours, averaging just 1.3 per cent per annum over the last 10 years.

The conference, which was organised by the AsiaInc Forum, carried the theme "Unlocking Productivity, Fuelling Growth".

Dato Paduka Hj Ali said the non-oil and gas sector in Brunei had grown by an average of 3.4 per cent per annum over the last decade.

"In fact, of the 30 richest countries in 2011, Brunei Darussalam had the lowest per capita income growth," Dato Paduka Hj Ali said, adding that since 1985 Brunei's per capita income had grown by just 45 per cent.

He said that if that sluggish growth rate were to continue, by 2035 Brunei would rank 19th in the world in terms of income per capita.

Dato Paduka Hj Ali said that economic productivity was a measure of a country's prosperity.

In 2011, labour productivity growth was just 1 per cent, compared to 11.1 per cent in 2010, he said.

The deputy minister pointed out that the Singaporean government in 2010 set an annual productivity growth target of two to three per cent up to 2020 and GDP growth of 60 per cent. "It will also invest $5.5 billion over the next five years to increase skills, expertise and innovative capabilities of workers and businesses," he said. The deputy minister also pointed out that despite having no natural resources, Singapore's per capita income had increased almost six- fold over the last 30 years.

Dato Paduka Hj Ali said the top three sectors in terms of labour productivity in Brunei were natural gas, crude petroleum and real estate, but pointed out that they had declined in terms of growth over the last decade.

He also referred to His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam's 65th birthday titah in which he called for greater investment in new technology and research and development.

"Knowledge creation is one of the key dimensions to productivity," the deputy minister said, adding that education must reflect the needs of the workplace.

The deputy minister said that better ICT infrastructure would further enhance productivity by boosting efficiency and cutting costs. One of the biggest projects in the 10th National Development Plan is the $230 million fibre-to-the-home broadband initiative. By 2017, FTTH coverage is expected reach 85 per cent.

"At this stage, suffice it to say that there is enough evidence to prove that one important component of sustainable economic growth is continuous productivity improvement," he said.

Dipetik dari - The Brunei Times

Surgeon Susan Lim files appeal against suspension & fine

By Monica Kotwani

SINGAPORE: Surgeon Susan Lim has filed an appeal to the High Court, against the punishment meted out by the Singapore Medical Council (SMC).

Channel NewsAsia understands the SMC has ruled that Dr Lim be suspended from practice for three years, fined S$10,000 and censured in writing.

Channel NewsAsia understands she was found guilty of 94 charges of professional misconduct in July.

The case revolves around overcharging the late sister of the Brunei queen.

Dr Lim's bill for treating Pengiran Anak Hajah Damit over seven months came up to S$25 million.

The patient died of cancer in 2007.

Dr Lim's case has been in the spotlight since 2010, when Singapore's Health Ministry filed charges of professional misconduct with SMC.

Dr Lim's lawyers told Channel NewsAsia in a statement that they would present submissions to the Court on the errors of law and of fact committed by the Disciplinary Committee in reaching its decision.

They want the court to reverse the decision in its entirety.

Channel NewsAsia understands the case will be heard in the second week of January 2013.

Dipetik dari - Channel NewsAsia


Doctors "ethically bound" not to charge unfair fees: SMC

SINGAPORE: Doctors here are ethically bound not to charge unfair and unreasonable fees for their services, said the Singapore Medical Council's (SMC) lawyers in a 190-page statement.

The statement was a response to prominent surgeon Susan Lim's appeal against her three-year suspension and S$10,000 fine for professional misconduct.

The council had found Dr Lim guilty of 94 charges, the bulk of which involved overcharging the late sister of Brunei's Queen, whose bills amounted to S$24.8 million for care rendered in 2007.

In her appeal, Dr Lim, 57, argued, among several other things, that Singapore does not have any guidelines or a cap on what a doctor can charge a patient.

According to documents submitted to the court, SMC's lawyers from WongPartnership pointed out that "there is an intrinsic ethical limit prohibiting doctors from charging unfair and unreasonable fees".

"Excessive charging undermines the foundation of any profession based on honour, trust and integrity", they said.

Drawing reference from the legal fraternity, SMC's lawyers argued that the principles of honour and integrity apply to the medical profession with or without written rules in their ethical guidelines.

Pointing out that Dr Lim's fees are in "an extraordinary class of exorbitance on its own", they also said that the assessment of a practitioner's fee is determined objectively by her peers.

While Dr Lim has insisted that the fees were agreed between her and her patient, the SMC's disciplinary committee ruled otherwise.

Even if there was a fee agreement, "that does not mean that it is ethical â?¦ for a doctor to charge excessive fees", the lawyers said.

"As a concomitant, whilst a fee agreement can be valid under general contract law, that does not mean that the agreement is ethical under the rules of professional conduct," they added.

In the legal profession, for example, the courts have also previously ruled that solicitors might be found guilty of overcharging despite having a fee agreement, the lawyers noted.

They reiterated that the case is not one of inadvertence or negligence - Dr Lim knew what she was doing was wrong.

Not showing remorse, she continued to assert that there was nothing wrong with her conduct, the lawyers said.

They reiterated that "it is not the SMC's intention to make a public example of Dr Lim".

The SMC is charged with the statutory duty to regulate the conduct and ethics of registered medical practitioners, and to uphold the standards and reputation of the medical profession, the lawyers said.

"And it is a matter of fundamental importanceâ?¦ that practitioners refrain from levying grossly excessive, unfair and unreasonable fees that bring the entire profession into disrepute," said the lawyers.

It is "equally important that medical practitioners maintain the highest standards of integrity in their billing practices", they said.

"That, however, is precisely what Dr Lim has not done."

The court is scheduled to hear Dr Lim's appeal in January 2013.

Dipetik dari - inSing.com

RBA apologises for 'scary' BI424 flight

Dear SG, BSB

Saturday, November 24, 2012

WE WRITE in response to the your Letter to the Editor published on the 21st November 2012 in The Brunei Times with regards to the Royal Brunei Airlines Flight BI424 on 11th November 2012.

We would like to emphasise that Royal Brunei Airlines (RB) works in close co-operation with and, under the continuous guidance and supervision of, Brunei Air Traffic Control (ATC) at all times to ensure the safety of our passengers.

However we all know that weather can be unpredictable and our pilots are trained to deal with a sudden deterioration in conditions which can happen at any time.

This is precisely what occurred in relation to Flight BI424 on 11th November 2012. On approach to landing the captain encountered a sudden worsening in weather conditions and he adopted standard operating procedures to gently regain altitude and with the authorization of ATC, selected the opposite runway for a safe landing.

We apologise to passengers if they experienced any mild discomfort during this procedure but please rest assured that your safety is of paramount concern and is the cornerstone of our close working relationship with ATC which has developed over many years.

Yours sincerely,

ROYAL BRUNEI AIRLINES

For media inquiries, please contact:
Corporate Communications
Royal Brunei Airlines Sdn Bhd
Tel: 2240010 Fax: 2223115
Email: edmedia@rba.com.bn
Website: www.flyroyalbrunei.com

Dipetik dari - The Brunei Times

MIPR to enforce marine protected areas in 2013

Debbie Too
BANDAR SERI BEGAWAN

THE Ministry of Industry and Primary Resources (MIPR) is set to enforce regulations for Brunei's marine protected areas beginning next year, the minister said.

Minister of Industry and Primary Resources Yang Berhormat Pehin Orang Kaya Seri Utama Dato Seri Setia Hj Yahya Begawan Mudim Dato Paduka Hj Bakar (pic) said the areas will be designated "no-take zones" where no fishing will be allowed in a bid to curb overfishing in the country.

Stock of demersal fish (fish which live and feed on or near the sea floor) in Brunei has declined considerably to about 21 per cent of virgin stock levels, according to data provided by the ministry.

The decline in stock levels has prompted the ministry to seek ways to ensure the survival of Brunei's marine ecosystem and its sustainability for the future.

The Department of Fisheries has begun formulating and implementing strategies to increase productivity, resource sustainability and ensure equal share among the country's fishermen the ministry said in a statement.

One of the measures include the implementation of a quota system for fishing licenses used for commercial-scale operations such as trawlers, purse seiners and long liners.

"The calculation of the allowable number of fishing vessels are based on fish stocks available and the conditions of the area which are further decreased by the presence of oil structures and reef areas sharing the entire continental shelf," said the ministry in the statement.

The ministry said it will also begin enforcing a regulation which requires all local trawlers to use square-meshed fishing nets with a maximum of 51mm in terms of "mesh size". The ruling was imposed in 2002 to all local trawlers operating in the country.

YB Pehin Dato Seri Setia Hj Yahya said that the ministry will also continue the implementation of the moratorium on industrial trawl fishing in Brunei waters, which has been in place since 2001, as well as the suspension of fishing operations in Zone 1.

The moratorium on fishing operations in Zone 1, located three nautical miles from the coast (including the Brunei Bay), has been in place since January 2008.

The minister said that the ministry still needs to identify the exact areas stipulated under the Marine Protected Areas (MPA) in Zone 1 and Zone 2.

MIPR will inform the public after the exact areas have been identified and graded, the minister said.

"Hopefully, by next year, it will be put in place. It is still a work in progress," he said.

The minister acknowledged that the size of the protected zones will pose a big challenge to the ministry, particularly in terms of enforcement as it will require "a lot of enforcement resources".

Foreign encroachment, illegal use of banned fishing gears or unlicensed gears and methods as well as climate change have been identified as some of the major causes of overfishing in Brunei, he said.

He also said that the ministry is trying to convince people to move away from capture fishing into aquaculture.

"As far as domestic demand is concerned, we are alright and some of the fish are even being exported, like the tuna which is being caught and sold to nearby countries," he said.

"We will be learning best practices from other countries, and getting the best out of technology because we can't afford to spend money on manpower," he said.

Dipetik dari - The Brunei Times

Letters to the Editor: Query on Hijrah song being telecast

Dear Editor,

WE have been hearing a song being telecast again and again on RTB about Hijrah.

Towards the end of the song, the singer says that Hijrah is "kerana Allah" (for Allah's sake) and "kerana Rasulullah" (for Rasulullah's sake).

As a Muslim, I have always believed that all acts of worship (ibadah), including "hijrah" are for Allah's sake only and to do them for any other thing tantamounts to polytheism (syirik).

Could the religious authorities clarify the matter the soonest possible and advise Muslims if the song being sung is not in contradiction to the pure aqidah of Islam (Islamic monotheism)?

One would hope that the religious authorities would take a very serious approach on matters such as this in line with His Majesty's titah marking the new Hijrah Year 1434.

BruMus, BSB

Dipetik dari - The Brunei Times

Philippines calls 4-party meeting on sea disputes

MANILA, Philippines (AP) — The Philippines and three other Southeast Asian countries will meet next month to discuss territorial claims in the South China Sea as well as the role of China, which declares the entire area as its own, the country's top diplomat said Wednesday.

There is no specific agenda yet for the Dec. 12 meeting in Manila with Brunei, Malaysia and Vietnam, Foreign Secretary Albert del Rosario said.

The vice-ministerial level meeting goes against Beijing's approach of trying to settle the conflicts bilaterally, and is a step outside the confines of the Association of Southeast Asian Nations, which includes all four countries as well as several others close to China.

"What we are trying to do here is we are trying to demonstrate that we can endeavor to discuss (the territorial conflict) ... and we are willing to do this either within ASEAN or outside of ASEAN," del Rosario said.

The 10-member bloc concluded its annual summit on Monday without reaching any consensus on the maritime disputes.

China claims the entire South China Sea region, including the Spratly Islands, which are believed to sit atop rich oil and gas deposits and straddle one of the world's busiest sea lanes.

The four countries claim parts of the region. China and Vietnam fought a brief naval battle in the 1980s in the Spratlys.

Manila's claims include the Scarborough Shoal, a rich fishing ground west of its main island of Luzon. Chinese and Filipino ships were locked in a tense standoff at the shoal earlier this year after the Philippine navy accosted Chinese fishermen there.

"We view the situation in the South China Sea as being a threat to the stability and security in the region ... we believe this is not a bilateral issue, it is not even a regional issue. It is an international issue," del Rosario said.

Dipetik dari - Associated Press

INSIGHT: Jordan’s Economic Woes Lead to Heightened Political Dissent

By Danya Greenfield

For any astute observer watching Jordan over the past several months, the violent protests that erupted last week in response to hikes in fuel prices were certainly no surprise. While Jordanians appreciate their relative stability – particularly with news of the deadly destruction in Syria and tinderbox tension in nearby Lebanon – the underlying anger and dissatisfaction that has been erupting in protests throughout Jordan for the past two years had not disappeared. What is remarkable about the latest round of demonstrations is that some voices are calling for an overthrow of the monarchy, an unthinkable and shocking demand even a year ago. Ongoing economic pressure from rising prices, reduced revenue from tourism and remittances, and a state that can no longer provide enough jobs – combined with deep frustration with the lack of political change – is proving to be a combustible mix.

Prime Minister Ansour’s November 13 announcement of increased fuel prices led to spikes in household gas costs by 53 percent, gasoline by 12 percent, and public transportation by 11 percent. Angry protesters poured into the streets in Amman and several other major towns that evening, burning tires and chanting anti-regime slogans; demonstrations have quickly gathered steam throughout all twelve governorates and show no sign of dissipating any time soon.

Major opposition parties denounced the price increases, but the ad-hoc gatherings are also drawing support from a diverse group of Jordanians ranging from members of the teachers’ union to university students to conservative East Bank tribal groups. The chants quickly escalated from calls for the resignation of the prime minister to the fall of the regime and King Abdullah – a demand that would have been highly taboo until just recently

The move to reduce fuel subsidies comes as part of an economic reckoning that the Hashemite Kingdom simply can no longer avoid. Jordan has been struggling with a $5 billion budget deficit, and the government has been courting a deal with the International Monetary Fund (IMF), which would mandate a reduction in public spending – specifically on subsidies – in order to address the country’s growing deficit. The Jordanian government attempted a similar effort to raise fuel prices in September of this year, but in response to public outrage King Abdullah intervened, overturning the government’s decision and reinstating the subsidy. The move appeared to be a short-term fix to gather popular support for the King as, from an economic standpoint, subsidy reform is unavoidable.

Jordan’s leadership has managed to avoid the fate of leaders in Tunisia and Egypt in part because it received significant cash grants from Gulf neighbors to help maintain stability. In the face of regional unrest that led to rising fuel and food costs and loss of remittances from abroad, these funds allowed the government to maintain expensive subsidies, increase government wages, and invest in social programs. Now, with an unsustainable level of government spending and pressure from the IMF, the government has little choice but to suffer the wrath of the public. The most recent protests may prove that the palace’s strategy to appease frustration – political and economic – is coming to a crashing halt.

Jordan did not escape the winds of the Arab spring entirely, but it did not witness the same kind of sustained popular unrest seen in North Africa due to several factors: the enduring legitimacy of the monarchy, lack of a unified opposition encompassing Palestinian-Jordanians and tribal East Bankers, and the impression that greater pluralism and participation in decision-making was in the cards. Echoing the success of King Mohamed IV’s approach in Morocco, King Abdullah managed to keep a mass uprising at bay through a two-prong strategy of easing economic conditions and initiating a political reform process that would decrease the power of the palace. These measures bought the regime much-needed time, but the inability to deliver on either front is now causing King Abdullah and his circle of supporters some serious problems.

Now, in addition to increasing economic distress exacerbated by subsidy reform, there is a growing recognition that King Abdullah does not intend to implement significant political reform. Many Jordanians wanted to believe King Abdullah’s lofty rhetoric about ushering in a new era of citizen participation with strong political parties and pluralism. His actions in the past two months, however, have shown otherwise.

In an effort to respond to unrest and forestall street violence early in 2011, King Abdullah replaced his government, called for constitutional reform, and established a National Dialogue Committee, whose members submitted drafts for a new electoral law and political parties law. Although the stated intent was to open political space and strengthen the role of parties, the laws ultimately passed by the government achieved the reverse. Neither the new laws nor the constitutional changes fundamentally altered the balance of power within the government or opened up the decision-making process to those outside the king’s inner circle.

In particular, the electoral law that was ultimately passed in October 2012 was a huge blow to all opposition forces across the spectrum, from leftists to Islamists. The new law added a national proportional list to elect 27 of the total 150 parliamentary seats and established an independent election commission. Beyond these changes, however, a system was largely preserved that benefits tribal groups and the regime’s core supporters to the detriment of Palestinian-Jordanians, political parties, and independent candidates, and that maintains a districting system that is skewed and undemocratic. The electoral law was thus a missed opportunity that damaged the credibility of King Abdullah’s entire reform effort. For many, the final form of the law showed the palace’s true colors. On a recent visit to Jordan to discuss the upcoming parliamentary elections in January 2013, the frustration and intense disappointment among reformists was palpable.

As a result, the Islamic Action Front (IAF), the Muslim Brotherhood-affiliated party and largest opposition force in Jordan, has pledged to boycott parliamentary elections scheduled for January 23, 2013, along with the National Front for Reform and some other smaller movements. At the same time, the sacred allegiance of East Bank tribes to the monarchy has shifted; privatizations have weakened their traditional dominance of the public sector and cuts in public spending have created severe economic hardships in the rural areas where tribal Jordanians are concentrated. If large numbers of the Hirak opposition groups from the East Bank tribal areas – which have traditionally formed the King’s strongest support base – also decide to boycott, the elections would have little credibility.

Economic despair, coupled with the demand for greater political rights, was the primary motivating factor for political change in Egypt, Libya, Tunisia, and Yemen; Jordan will be no different. Although each transitioning country will chart its own unique course, the desire for economic justice, dignity through employment, and limits on the abuse of power and state-sponsored corruption, are remarkably universal.

At a recent forum in Amman at which political parties courted youth supporters, several university students discussed on what basis they would select a political party to support (if any) and what issue was their greatest concern. Each one offered the same response: finding a job and having enough money to get married and support a family were their top priorities. If the Jordanian government can find a way to answer these needs without opening up political space and broadening decision-making authority, perhaps the monarchy will continue in its current form. But if the recent protests are any indication, King Abdullah will have to accommodate demands for political change and account for claims of corruption that touch the palace and the royal family in order to push through necessary and painful economic changes.

A year ago, opposition groups called for reforms that would more equitably disperse limited decision-making powers. Today, their demands extend to the very heart of the monarchy. Answering these increasingly virulent and violent protests will require King Abdullah to deliver in the economic and political spheres in a way that goes far beyond the cosmetic changes made thus far.

Dipetik dari - Middle East Voices

NCDs Will Continue To Trouble Brunei's Health Landscape In Years To Come

Bandar Seri Begawan - The Ministry of Health anticipates that non-communicable diseases (NCDs) such as cancer, cardiovascular diseases, cerebrovascular diseases and diabetes mellitus, being the top four causes of death here, will continue to trouble our health landscape in years to come, and will substantially impact Brunei's socioeconbmic development if not addressed effectively in a comprehensive manner.

This was stated by the Minister of Health, Pehin Orang Kaya Johan Pahlawan Dato Seri Setia Awg Hj Adanan bin Begawan Pehin Siraja Khatib Dato Seri Setia Awg Hj Mohd Yusof at the opening ceremony of the in-country technical consultation on the development of a National Multi-Sectoral Plan for Non-Communicable Disease Prevention and Control 2013-2018, which played out at The Empire Hotel & Country Club in Jerudong.

Speaking on children eating habits, the minister explained that children in Brunei are found to be consuming high amounts of saturated fats and sugary drinks, while their intake of fibre, fruit and vegetables is too low.

Meanwhile, preliminary results of Phase Two of a study already show that the number of obese adults has doubled since the last study 14 years ago, he said.

"In fact, 27 per cent of Bruneian adults are obese compared to the global percentage of 12 per cent," the minister added. "If we do nothing to change and if we don't encourage a healthy lifestyle (by eating healthier and doing sufficient/consistent physical activities) among our population (particularly our children), the obesity rate might multiply manifold by the next nutritional study and, unfortunately, so will the non-communicable diseases (NCDs)."

The minister further said that NCDs are largely preventable, and its prevention is the responsibility of the government as well as relevant stakeholders. Considerably more gains can be achieved by influencing policies of non-health sectors rather than by health policies alone.

"All stakeholders need to intensify and harmonise their efforts to avert these preventable conditions and to save the lives of our people from suffering needlessly and dying prematurely"

The minister explained that in formulating, planning and strengthening the country's NCD strategy, plan of action and responses, the ministry has in place several interventions and initiatives which are in line with the latest World Health Organisation (WHO) priorities in NCD prevention and control, namely the highest political commitment and acknowledgement on the importance of disease prevention and promotion of healthy lifestyles, a national committee on health promotion and health promotion blueprint, and the national physical activity guidelines for Brunei Darussalam.

Other measures include strengthening healthcare based on the principle of universal healthcare coverage that is accessible, affordable and equitable; the adoption of people-centered healthcare; and interventions to reduce the use of tobacco.

The minister also highlighted several challenges that contribute to the increasing prevalence of NCDs and their risk factors in Brunei. These include easy access and availability of processed and energy-dense food to the population through globalisation of trade and marketing; increasing sedentary lifestyles, especially given rapid urbanisation; an ageing population; increasing healthcare costs due to treatment and care of NCD which require new and rapidly changing technologies and more expensive medicines; and a need for more trained and highly-skilled healthcare professionals to address the complexity of NCDs - from prevention, promotion, treatment to rehabilitation aspects.

Civil society institutions and groups are uniquely placed to mobilise public awareness and support for NCD prevention and control efforts and to play a key role in supporting NCD programmes.

Businesses can make a decisively important contribution in addressing NCD prevention challenges. Responsible marketing to prevent the promotion of unhealthy diets and other harmful behaviour and product reformulation to promote access to healthier food options are examples of approaches and actions that should be implemented by the corporate sector.

"Measuring key areas of the NCD epidemic is crucial to reversing it. Specific measurable indicators must be adopted and used worldwide. NCD surveillance must be integrated into national health information systems."

Other challenges include the provision of enabling, innovative and promotive environments and approaches conducive for sustaining healthy lifestyle practices and healthy living, and the development and enforcement of related legislative measures and policies directed at the effective approaches in controlling the risk factors. ~ Courtesy of Borneo Bulletin

Dipetik dari - BruDirect.com

Letters to the Editor: A scary landing due to duty negligence

Dear Editor,

THE Brunei Civil Aviation needs a wake-up call.

I was on board BI424 on November 11, 2012, from Singapore to Bandar Seri Begawan. The pilot announced the weather in Brunei was fair and clear prior to landing. But just before approaching to land, the plane slowed down as usual.

However, it then started to move from side to side and shook upwards and downwards. Once close to the ground, at the very last minute, we could hear the plane engines roar and it shot up into the sky like a rocket, abandoning the landing!

Amid more jolts and shakes, the pilot announced that he had not been updated about the very bad weather in Brunei.

Obviously, had he been informed earlier, a different approach to landing would have been applied. Alhamdulillah, due to the skill of the pilot and also the silent prayers of everybody on board, we could land safely.

The passengers were clearly shaken, especially women were seen still crying at the baggage collection area.

As a patron of Royal Brunei (RB) and the Brunei International Airport, I urge RB to seriously and urgently bring the matter to the Department of Civil Aviation, whose staff on duty on that particular night, were clearly negligent in their duty and responsibility in not advising the pilot about the poor weather condition.

Our flight was due to arrive at 11.15pm but due to the incident, which could have been avoided if duty and responsibility were exercised by the relevant department's staff, we arrived much later instead.

SG, BSB

Dipetik dari - The Brunei Times

Indonesia Readies New Food Law In Self-Sustainability Drive

Indonesia has drafted a food law to speed self-sufficiency efforts by creating a new “super body” that could lead to greater curbs on imports and exports of staples, hinder much-needed overseas investment and eventually push up prices.

As Indonesia struggles to meet rising demand from an increasingly affluent population of 240 million, it is now the world’s top importer of sugar, Asia’s largest buyer of wheat, and imports about 2 million tons of rice and corn each year.

A copy of the law seen by Reuters, which is due to be signed off by the president by the end of 2012, shows that it covers areas such as food safety and the stocks, trade, purchase, prices, distribution and consumption of unspecified staples.

“In the new law we stress food sovereignty and autonomy,” said Achmad Suryana, head of the Food Security Agency at the country’s agriculture ministry, adding that it gave priority to securing adequate food supplies from domestic sources.

“So, food import would be secondary or even the last resort,” he said.

Consolidating many existing curbs on food items, such as import limits and tariffs to protect domestic farmers, the new law provides for the new body to be created within three years.

It will aim to help the government achieve self-sufficiency in staple foods such as rice, soybeans, sugar, beef and corn.

The new law puts domestic output and demand and the control of imports and exports at the heart of its efforts, which will finalize the expanded role of state procurement agency Bulog into the “super body.”

As with recent changes to the country’s mining laws, however, the framework of the food law leaves many details to be filled in or drafted later, making unclear its precise impact on business practices.

Global agribusinesses called for greater clarity on the details of the new food body, since its objectives can be interpreted in different ways and are opaque.

Greater Restrictions Feared

Critics say the new law could lead to more limits and trading curbs on the free flow of farm commodities, hinder overseas firms looking to invest to supply growing demand in the archipelago and ultimately, hurt the poorest consumers.

“It is a misguided pursuit of autarky in agriculture which misses vast opportunities for efficiency and competitiveness in the sector,” said independent analyst Kevin O’Rourke.

“I’ve read that the idea is to incorporate two, three of maybe four bodies into this new super body,” he added. “Everything depends on how the president interprets the law and guides the new food agency.”

The law could also hinder food processing industries, which have been promoted in Indonesia in recent years, he added, as they scramble for access to the cheapest raw materials.

Major food importers include US giant Cargill for soybeans and Singapore’s Wilmar for sugar.

The new law also prohibits “hoarding or storing staple food,” a clause that may create greater risk and uncertainty for commodity traders who stockpile, traders and analysts said.

Agriculture contributes around 15 percent to the GDP of Indonesia, Southeast Asia’s largest economy, employing about 42 million people of a growing population of roughly 240 million.

As wealth levels rise and consumer tastes change and grows, Indonesia has attempted to vary its food basket beyond rice, while expanding and boosting yields in its home-grown commodities with limited success.

The law is one of a series of policy announcements this year, such as that on mining, which analysts say are linked to increasing economic nationalism ahead of Indonesia’s presidential elections in 2014.

“The new food law provides vast scope for state involvement throughout the agricultural sector,” said O’Rourke. “It aims to ensure adequate supplies of affordable food, but by pursuing this through autarky, it risks accomplishing the opposite. You can have autarky or affordability, but you can’t have both.”

Bulog To Grow

After the worst US drought in 56 years drove global prices of soybean and corn to all-time highs this year, Indonesia said it would extend the role of Bulog beyond rice to build bigger stockpiles of beef, corn, sugar and soybean.

Last month, Bulog sounded out US government officials about securing soybean imports.

Bulog’s current role is to maintain rice supplies and stocks of between 1.5 million and 2 million tons, but its wider remit could see it protect domestic farmers by setting minimum prices, while consumers would benefit from a maximum price ceiling.

Although Indonesia sets import curbs and tariffs on commodities, it often scraps them when global prices spike.

In the past year, food producers have protested against soybean and corn import taxes, while farmers demonstrated against plans to import more sugar. Beef prices doubled because of cuts to import quotas.

The government, which is considering a wheat flour import tariff to protect domestic mills, also had its food policies criticized last month in a report by the OECD grouping of the world’s top economies.

“The moment you start having entities that control what can be imported and exported in what amounts, you drive up food inflation,” said an executive at a major international agriculture firm, who asked not to be identified.

Dipetik dari - The Jakarta Globe

Kesempitan hidup Haliza dapat perhatian

Cikgu Mizawati (kiri sekali) menyampaikan
sumbangan generator kepada keluarga Dayang Haliza

Oleh Hajah Saemah Zulkefli

KUALA BELAIT, 19 Nov - Pondok usang kediaman Dayang Haliza binti Abdullah bersama enam orang anaknya tanpa mempunyai bekalan elektrik dan air telah mendapat perhatian daripada beberapa pihak dan telah menghulurkan sumbangan kepada keluarga tersebut.

Dalam usaha membantu keluarga tersebut sebuah mesin generator sumbangan guru-guru dan kakitangan Sekolah Rendah Sungai Teraban telah disampaikan pada majlis penyerahannya petang tadi.

Sumbangan berkenaan telah diserahkan oleh Guru Besar Sekolah Rendah Sungai Teraban, Dayang Mizawati binti Haji Merussin kepada Ketua Kampung Sungai Teraban, Awang Mohd Mersidi bin Haji Mohd Shara yang kemudiannya menyampaikan pula kepada Dayang Haliza.

Melalui inisiatif Majlis Perundingan Kampung Sungai Teraban, kesempitan hidup Dayang Haliza bersama anak-anaknya telah membantu membaik pulih atap pondok usangnya yang sudah bocor bulan lalu melalui sumbangan Tabung Amal Jabatan Daerah Belait, selain sumbangan berupa barangan keperluan asasi termasuk susu anak-anaknya yang masih kecil yang memang menjadi masalah kepada Dayang Haliza untuk membelinya kerana tidak berkemampuan.

Ketua Kampung memberitahu, melalui MPK kampung tersebut pada masa ini masih meneruskan untuk mendapatkan bantuan membekalkan tangki air untuk memberikan kemudahan kepada keluarga yang susah itu, selain masih menunggu jawapan bantuan daripada Jabatan Pembangunan Masyarakat Daerah Belait (JAPEM).

Dayang Haliza, 36, kini bertanggungjawab sebagai penjaga kepada semua anak-anaknya yang berusia 11 hingga tiga tahun, tiga daripada anaknya telah bersekolah di Sekolah Rendah Kampung Sungai Teraban manakala tiga lainnya masih kecil.

Dipetik dari - Media Permata

Grim Reports on Global Warming

World Bank, Intergovernmental Panel on Climate Change Seek to "wake up the world"

The astonishing damage wrought by Hurricane Sandy, which swept ashore on the East Coast of the United States on Sept. 29, is being punctuated by a series of reports that sow an apocalyptic vision if immediate and drastic action isn't taken.

A new study by the world's biggest climate modeling system, led by Dan Rowlands of Oxford University for the Intergovernmental Panel on Climate Change forecasts that a two-degree Celsius increase in global temperatures by the turn of the century would have a catastrophic effect:, with water stress in arid and semi-arid countries, more floods in low-lying coastal areas, coastal erosion in small island states, and the elimination of up to 30 percent of animal and plant species across the globe.

Also, in a grim report released today, which Jim Yong Kim, President of the World Bank Group said is designed "to shock the world into action," the World Bank is forecasting the inundation of coastal cities, increased risk of damage to food production leading to higher malnutrition, dry regions becoming dryer, wet regions becoming wetter, unprecedented heat waves, especially in the tropics, exacerbated water scarcity, more high-intensity tropical cyclones and irreversible loss of biodiversity including coral reef systems unless drastic action is taken to curb greenhouse gases and climate change.

The 119-page report, titled Turn Down the Heat: Why a 4°C Warmer World Must be Avoided, presents a frightening picture of a world "so different from the current one that it comes with high uncertainty and new risks that threaten our ability to anticipate and plan for future adaptation needs."

The report scolds the international community for lack of action which "not only risks putting prosperity out of reach of millions of people in the developing world, it threatens to roll back decades of sustainable development."

To those who deny that climate change is real and taking place, Kim warns that: "The science is unequivocal that humans are the cause of global warming, and major changes are already being observed: global mean warming is 0.8°C above pre industrial levels; oceans have warmed by 0.09°C since the 1950s and are acidifying; sea levels rose by about 20 cm since pre-industrial times and are now rising at 3.2 cm per decade; an exceptional number of extreme heat waves occurred in the last decade; major food crop growing areas are increasingly affected by drought."

The report is focused on developing countries although it notes that developed countries are also vulnerable and at serious risk of major damage, such as the arrival of Hurricane Sandy, with damage that could cost as much as US$50 billion. A series of recent extreme events worldwide continues to highlight the vulnerability of not only the developing world but even wealthy industrialized countries.

"No nation will be immune to the impacts of climate change," the World Bank report notes "However, the distribution of impacts is likely to be inherently unequal and tilted against many of the world's poorest regions, which have the least economic, institutional, scientific, and technical capacity to cope and adapt.

The warming that will occur in the tropics is larger when compared to the historical range of temperature and extremes to which human and natural ecosystems have adapted and coped. The projected emergence of unprecedented high-temperature extremes in the tropics will consequently lead to significantly larger impacts on agriculture and ecosystems. Sea level rises in the tropics are likely to be 15 to 20 percent larger in the tropics than the global mean, meaning that some of the world's most fertile lands – and cities including Bangkok, Jakarta and others are likely to be inundated and floods will become the norm.

Increases in tropical cyclone intensity are likely to be felt disproportionately in low-latitude regions, such as the megastorms that hit Myanmar and Bangladesh over the past three or four years, killing tens of thousands of people.

"A world in which warming reaches 4°C above preindustrial levels (hereafter referred to as a 4°C world), would be one of unprecedented heat waves, severe drought, and major floods in many regions, with serious impacts on human systems, ecosystems, and associated services," the report continues.

While it says 4°C can still be avoided: numerous studies show that there are technically and economically feasible emissions pathways to hold warming likely below 2°C, the political will to take such measures is not there at this time. While Hurricane Sandy undoubtedly played a role in President Barack Obama's reelection, there is no indication that he plans to make climate change a major issue in his final four-year term. China and India, both on breakneck economic development trajectories, do not appear to be strongly committed to holding back on increasing production of greenhouse gases.

"…the level of impacts that developing countries and the rest of the world experience will be a result of government, private sector, and civil society decisions and choices, including, unfortunately, inaction," the World Bank study notes.

According to the Intergovernmental Panel on Climate Change, "The unequivocal effects of greenhouse gas emission–induced change on the climate system…have continued to intensify, more or less unabated." The present concentration of CO2 in the atmosphere is higher than paleoclimatic and geologic evidence indicates has occurred at any time in the last 15 million years. The global mean temperature has continued to increase and is now about 0.8°C above preindustrial levels.

The global oceans have continued to warm, with about 90 percent of the excess heat energy trapped by the increased greenhouse gas concentrations since 1955 stored in the oceans as heat. The average increase in sea levels around the world over the 20th century has been about 15 to 20 centimeters. Over the last decade the average rate of sea-level rise has increased to about 3.2 cm per decade. Should this rate remain unchanged, this would mean over 30 cm of additional sea-level rise in the 21st century.

The Greenland and Antarctic ice sheets are losing ice faster, which could add substantially to sea-level rise, with the annual rate of ice lost more than tripling just since the 1993–2003 period "If ice sheet loss continues at these rates, without acceleration, the increase in global average sea level due to this source would be about 15 cm by the end of the 21st century. A clear illustration of the Greenland ice sheet's increasing vulnerability to warming is the rapid growth in melt area observed since the 1970s. As for Arctic sea ice, it reached a record minimum in September 2012, halving the area of ice covering the Arctic Ocean in summers over the last 30 years.

Extreme heat waves have increased both in frequency and intensity, with extreme precipitation and drought also increasing in intensity and/or frequency. The Russian heat wave of 2010 is estimated to have cost 55,000 lives and 25 percent of annual crops, burned more than 1 million hectares, and delivered economic losses of about US$15 billion, 1 percent Russia's gross domestic product.

These heat waves normally would have been expected only once every several hundred years, the report says. They have hit the United States, Europe and Russia in the last decade. Observations indicate a tenfold increase in the surface area of the planet experiencing extreme heat since the 1950s. The 2012 drought that hit the US Middle West affected 80 percent of the country's agricultural land, cutting badly into US exports.

One of the most serious consequences of rising carbon dioxide concentration in the atmosphere occurs when it dissolves in the ocean and results in acidification. Evidence is already emerging of the adverse consequences of acidification for marine organisms and ecosystems, combined with the effects of warming, overfishing, and habitat destruction.

"A 4°C world will pose unprecedented challenges to humanity," the report concludes. "It is clear that large regional as well as global scale damages and risks are very likely to occur well before this level of warming is reached. This report has attempted to identify the scope of these challenges driven by responses of the Earth system and various human and natural systems.

"Although no quantification of the full scale of human damage is yet possible, the picture that emerges challenges an often-implicit assumption that climate change will not significantly undermine economic growth. It seems clear that climate change in a 4°C world could seriously undermine poverty alleviation in many regions.

"This is supported by past observations of the negative effects of climate change on economic growth in developing countries. While developed countries have been and are projected to be adversely affected by impacts resulting from climate change, adaptive capacities in developing regions are weaker. The burden of climate change in the future will very likely be borne differentially by those in regions already highly vulnerable to climate change and variability. Given that it remains uncertain whether adaptation and further progress toward development goals will be possible at this level of climate change, the projected 4°C warming simply must not be allowed to occur—the heat must be turned down. Only early, cooperative, international actions can make that happen."

Dipetik dari - Asia Sentinel

KDYMM: Perlu berusaha bagi tenaga yang mapan

Laporan : Hezlinawati Haji Abdul Karim & Hajah Siti Zuraihah Haji Awang Sulaiman

PHNOM PENH, KEMBOJA, Isnin, 19 November. - Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien, Sultan dan Yang Di-Pertuan Negara Brunei Darussalam bertitah bahawa terdapat keperluan untuk berusaha bagi tenaga yang mapan di masa hadapan dan pada masa yang sama mengimbangi kepentingan ekonomi dan alam sekitar.

Kebawah Duli Yang Maha Mulia bertitah demikian semasa berkenan berangkat menghadiri Sidang Kemuncak ASEAN-Jepun Ke-15 bersama para pemimpin ASEAN yang lain dengan Perdana Menteri Jepun, Tuan Yang Terutama Yoshihiko Noda, berlangsung di Bilik Champa, Peace Palace, Phnom Penh, di sini.

Baginda seterusnya bertitah kini sudah sampai masanya untuk meneroka pilihan-pilihan tenaga bersih dan meningkatkan kecekapan penggunaan tenaga di rantau ini yang boleh dipelajari dari kepakaran Jepun.

Semasa Sidang Kemuncak tersebut juga baginda bertitah bahawa Jepun telah menjadi rakan kongsi ASEAN yang dinamik dan berpanjangan; dan telah membantu dalam banyak bidang utama ke arah proses membangun masyarakat, khususnya mengenai pengurusan bencana dan bantuan kepada ASEAN Coordinating Centre for Humanitarian Assistance (AHA Centre).

Kebawah Duli Yang Maha Mulia juga menambah titah bahawa terdapat perkara lain seperti kesalinghubungan (connectivity) yang boleh menyumbang dalam merapatkan jurang pembangunan di rantau ini dan berharap Jepun secara rasminya dapat menjadi rakan kongsi pembangunan BIMP-EAGA.

Ketika bertitah baginda juga menghargai usaha Jepun dalam menumpukan hubungan sesama penduduk (people-to-people) melalui beberapa program belia seperti Projek Kizuna.

Baginda kemudian menambah bahawa terdapat beberapa skop yang baik bagi mengukuhkan perkongsian melalui 10-Year Strategic Economic Cooperation Road Map dan juga berharap ASEAN-Japan Comprehensive Economic Partnership (AJCEP) dipersetujui yang mana akan menjadi asas kepada Regional Comprehensive Economic Partnership (RCEP) untuk memperluaskan lagi bidang kerjasama ekonomi.

Kebawah Duli Yang Maha Mulia seterusnya berharap agar kerjasama ASEAN-Jepun akan dapat memberikan tumpuan kepada isu-isu utama yang mempunyai kesan langsung kepada penduduk di rantau ini dalam memastikan ekonomi yang berdaya tahan.

Menyentuh mengenai keselamatan makanan dan tenaga baginda bertitah bahawa Negara Brunei Darussalam memberikan banyak penekanan kepada perkara-perkara tersebut.

Dalam hal makanan, titah baginda lagi ASEAN mempunyai APTERR (ASEAN Plus Three Emergency Rice Reserve Agreement) dan baginda juga percaya bahawa terdapat banyak ruang untuk belajar mengenai cara-cara meningkatkan produktiviti pertanian dan menjamin bekalan yang stabil serta mencari pelbagai sumber makanan yang lain seperti sumber marin yang berdaya tahan.

Sebagai Pengerusi ASEAN yang akan datang, baginda mengakhiri titah melahirkan harapan supaya kerjasama yang lebih kukuh akan dapat dicapai di masa hadapan terutama sekali menjelangnya sambutan kerjasama ASEAN-Jepun ke-40 pada tahun hadapan dengan berlangsungnya Sidang Kemuncak Commemorative di Jepun tahun hadapan.

Hadir mengiringi keberangkatan Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan dan Yang Di-Pertuan Negara Brunei Darussalam ke sidang kemuncak ini ialah Menteri Kewangan II di Jabatan Perdana Menteri, Yang Berhormat Pehin Orang Kaya Laila Setia Dato Seri Setia Awang Haji Abdul Rahman bin Haji Ibrahim; Menteri Hal Ehwal Luar Negeri dan Perdagangan Kedua, Yang Berhormat Pehin Orang Kaya Pekerma Dewa Dato Seri Setia Lim Jock Seng dan Menteri Tenaga di Jabatan Perdana Menteri, Yang Berhormat Pehin Datu Singamanteri Kolonel (B) Dato Seri Setia (Dr.) Awang Haji Mohammad Yasmin bin Haji Umar serta pegawai-pegawai kanan kerajaan yang lain.

Sidang Kemuncak yang dipengerusikan oleh Perdana Menteri Kemboja, Tuan Yang Terutama Samdech Akka Moha Sena Techno Hun Sen itu antara lain membincangkan mengenai hala tuju kajian dan masa depan Hubungan Dialong ASEAN-Jepun.

Dipetik dari - Pelita Brunei

Asean Human-Rights Pledge Leaves Critics Cool

By CHUN HAN WONG

PHNOM PENH—Southeast Asian leaders signed their first-ever joint declaration on human rights, a landmark in a region whose governments are often criticized for curtailing freedom—but rights groups dismissed it as inadequate.

The Association of Southeast Asian Nations' declaration—adopted at the 10-member group's summit in Cambodia—isn't legally binding, and officials described it as an initial step in improving civil liberties. Rights groups, including the United Nations rights watchdog, said the pledge contains language inconsistent with international law and allows governments to suppress rights by claiming the needs of security, public order or morality.

The Asean declaration comes ahead of U.S. President Barack Obama's visit Monday to Phnom Penh for the East Asia Summit. Several U.S. lawmakers, including Sens. Patrick Leahy and John McCain, and leading nongovernmental organizations have called on Mr. Obama to use his visit—the first to Cambodia by a sitting U.S. president—to pressure countries in the region for human-rights improvements.

With reference to international instruments like the Universal Declaration of Human Rights, the Asean Human Rights Declaration recognizes the equality and dignity of all citizens and their entitlement to equal protection by the law. It also acknowledges the rights of vulnerable groups including women, ethnic minorities, disabled people and migrants.

At a news conference Sunday, Asean Secretary General Surin Pitsuwan said the pledge marks a commitment to promoting human rights "in our own way," and "can be used to monitor the practice, the protection and the promotion of human rights" in Asean countries, home to 600 million people.

While some NGOs welcomed the declaration's opposition to human trafficking, torture, arbitrary arrest and child labor, they also pointed to the limits it places on citizens' freedoms, including in its assertion that they should be balanced with citizens' duties to their countries.

"This is a declaration of state power, rather than of human rights," said Yuval Ginbar, legal adviser to Amnesty International. "Under this document, governments can cite specific domestic conditions to justify rights violations—this flies in the face of international law."

The U.N. high commissioner for human rights, Navi Pillay, has also expressed disappointment, criticizing the bloc earlier this month for not consulting widely with the public when drafting the pledge.

"Restrictions on rights should not be applied through a blanket clause or in the name of regional or national particularities," she said.

Such criticisms prompted Asean diplomats on Saturday to insert a clause stating that the declaration would be implemented in accordance with international benchmarks, even as they defend the document as a sign of progress.

"Given where Asean has been in the past in terms of human rights, I think this is a very important document that sets a number of expectations (and) standards," Indonesian Foreign Minister Marty Natalegawa told reporters Saturday.

Critics weren't placated. "It's too little, too late," said Phil Robertson, deputy director of Human Rights Watch's Asia division. "They've set up loopholes right at the outset in the (declaration's) general principles, which don't comply with international standards." The declaration, he said, "will become the No. 1 excuse for Asean leaders when they get accused of rights abuses in future."

Asean first addressed human-rights concerns in a 2007 charter committing to uphold international law and human rights, but rights groups said the bloc's principle of members' noninterference in each other's domestic affairs left it ill-equipped to prevent abuses. In 2009, Asean created a human-rights commission—lacking the power to investigate or punish violators.

Several Asean members continue to face accusations they violate rights.

In a report this month, Human Rights Watch said the Cambodian government has a two-decade record of killing social activists and journalists, and rights groups have accused it of disrupting their plans to stage rallies ahead of the Asean and East Asia Summits. Vietnamese courts in recent months sentenced bloggers and songwriters to up to 12 years in prison for disseminating what they ruled is antigovernment propaganda.

In Myanmar, a festering feud between Muslim Rohingyas and local Buddhists turned violent in recent weeks, killing more than 170 deaths and sending about 100,000 others, mostly Rohingyas, fleeing their homes.

Asean foreign ministers have discussed the ethnic violence, but "if that issue is not handled well and effectively, there is a risk of radicalization and the risk of extremism" arising from the conflict, Mr. Pitsuwan said in his Sunday comments.

Dipetik dari - Wall Street Journal

ASEAN HUMAN RIGHTS DECLARATION

WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as "ASEAN"), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia.

REAFFIRMING our adherence to the purposes and principles of ASEAN as enshrined in the ASEAN Charter, in particular the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance;

REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties;

REAFFIRMING ALSO the importance of ASEAN’s efforts in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region;

CONVINCED that this Declaration will help establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process;

HEREBY DECLARE AS FOLLOWS:

GENERAL PRINCIPLES

1. All persons are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of humanity.

2. Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.

3. Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.

4. The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable, integral and indivisible part of human rights and fundamental freedoms.

5. Every person has the right to an effective and enforceable remedy, to be determined by a court or other competent authorities, for acts violating the rights granted to that person by the constitution or by law.

6. The enjoyment of human rights and fundamental freedoms must be balanced with the performance of corresponding duties as every person has responsibilities to all other individuals, the community and the society where one lives. It is ultimately the primary responsibility of all ASEAN Member States to promote and protect all human rights and fundamental freedoms.

7. All human rights are universal, indivisible, interdependent and interrelated. All human rights and fundamental freedoms in this Declaration must be treated in a fair and equal manner, on the same footing and with the same emphasis. At the same time, the realisation of human rights must be considered in the regional and national context bearing in mind different political, economic, legal, social, cultural, historical and religious backgrounds.

8. The human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society.

9. In the realisation of the human rights and freedoms contained in this Declaration, the principles of impartiality, objectivity, non-selectivity, non-discrimination, non-confrontation and avoidance of double standards and politicisation, should always be upheld. The process of such realisation shall take into account peoples’ participation, inclusivity and the need for accountability.

CIVIL AND POLITICAL RIGHTS

10. ASEAN Member States affirm all the civil and political rights in the Universal Declaration of Human Rights. Specifically, ASEAN Member States affirm the following rights and fundamental freedoms:

11. Every person has an inherent right to life which shall be protected by law. No person shall be deprived of life save in accordance with law.

12. Every person has the right to personal liberty and security. No person shall be subject to arbitrary arrest, search, detention, abduction or any other form of deprivation of liberty.

13. No person shall be held in servitude or slavery in any of its forms, or be subject to human smuggling or trafficking in persons, including for the purpose of trafficking in human organs.

14. No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

15. Every person has the right to freedom of movement and residence within the borders of each State. Every person has the right to leave any country including his or her own, and to return to his or her country.

16. Every person has the right to seek and receive asylum in another State in accordance with the laws of such State and applicable international agreements.

17. Every person has the right to own, use, dispose of and give that person’s lawfully acquired possessions alone or in association with others. No person shall be arbitrarily deprived of such property.

18. Every person has the right to a nationality as prescribed by law. No person shall be arbitrarily deprived of such nationality nor denied the right to change that nationality.

19. The family as the natural and fundamental unit of society is entitled to protection by society and each ASEAN Member State. Men and women of full age have the right to marry on the basis of their free and full consent, to found a family and to dissolve a marriage, as prescribed by law.

20. (1) Every person charged with a criminal offence shall be presumed innocent until proved guilty according to law in a fair and public trial, by a competent, independent and impartial tribunal, at which the accused is guaranteed the right to defence.

(2) No person shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

(3) No person shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of each ASEAN Member State.

21. Every person has the right to be free from arbitrary interference with his or her privacy, family, home or correspondence including personal data, or to attacks upon that person’s honour and reputation. Every person has the right to the protection of the law against such interference or attacks.

22. Every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.

23. Every person has the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information, whether orally, in writing or through any other medium of that person’s choice.

24. Every person has the right to freedom of peaceful assembly.

25. (1) Every person who is a citizen of his or her country has the right to participate in the government of his or her country, either directly or indirectly through democratically elected representatives, in accordance with national law.

(2) Every citizen has the right to vote in periodic and genuine elections, which should be by universal and equal suffrage and by secret ballot, guaranteeing the free expression of the will of the electors, in accordance with national law.

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

26. ASEAN Member States affirm all the economic, social and cultural rights in the Universal Declaration of Human Rights. Specifically, ASEAN Member States affirm the following:

27. (1) Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes for the unemployed.

(2) Every person has the right to form trade unions and join the trade union of his or her choice for the protection of his or her interests, in accordance with national laws and regulations.

(3) No child or any young person shall be subjected to economic and social exploitation. Those who employ children and young people in work harmful to their morals or health, dangerous to life, or likely to hamper their normal development, including their education should be punished by law. ASEAN Member States should also set age limits below which the paid employment of child labour should be prohibited and punished by law.

28. Every person has the right to an adequate standard of living for himself or herself and his or her family including:

a. The right to adequate and affordable food, freedom from hunger and access to safe and nutritious food;

b. The right to clothing;

c. The right to adequate and affordable housing;

d. The right to medical care and necessary social services;

e. The right to safe drinking water and sanitation;

f. The right to a safe, clean and sustainable environment.

29. (1) Every person has the right to the enjoyment of the highest attainable standard of physical, mental and reproductive health, to basic and affordable health-care services, and to have access to medical facilities.

(2) The ASEAN Member States shall create a positive environment in overcoming stigma, silence, denial and discrimination in the prevention, treatment, care and support of people suffering from communicable diseases, including HIV/AIDS.

30. (1) Every person shall have the right to social security, including social insurance where available, which assists him or her to secure the means for a dignified and decent existence.

(2) Special protection should be accorded to mothers during a reasonable period as determined by national laws and regulations before and after childbirth. During such period, working mothers should be accorded paid leave or leave with adequate social security benefits.

(3) Motherhood and childhood are entitled to special care and assistance. Every child, whether born in or out of wedlock, shall enjoy the same social protection.

31. (1) Every person has the right to education.

(2) Primary education shall be compulsory and made available free to all. Secondary education in its different forms shall be available and accessible to all through every appropriate means. Technical and vocational education shall be made generally available. Higher education shall be equally accessible to all on the basis of merit.

(3) Education shall be directed to the full development of the human personality and the sense of his or her dignity. Education shall strengthen the respect for human rights and fundamental freedoms in ASEAN Member States. Furthermore, education shall enable all persons to participate effectively in their respective societies, promote understanding, tolerance and friendship among all nations, racial and religious groups, and enhance the activities of ASEAN for the maintenance of peace.

32. Every person has the right, individually or in association with others, to freely take part in cultural life, to enjoy the arts and the benefits of scientific progress and its applications and to benefit from the protection of the moral and material interests resulting from any scientific, literary or appropriate artistic production of which one is the author.

33. ASEAN Member States should take steps, individually and through regional and international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of economic, social and cultural rights recognised in this Declaration.

34. ASEAN Member States may determine the extent to which they would guarantee the economic and social rights found in this Declaration to non-nationals, with due regard to human rights and the organisation and resources of their respective national economies.

RIGHT TO DEVELOPMENT

35. The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.

36. ASEAN Member States should adopt meaningful people-oriented and gender responsive development programmes aimed at poverty alleviation, the creation of conditions including the protection and sustainability of the environment for the peoples of ASEAN to enjoy all human rights recognised in this Declaration on an equitable basis, and the progressive narrowing of the development gap within ASEAN.

37. ASEAN Member States recognise that the implementation of the right to development requires effective development policies at the national level as well as equitable economic relations, international cooperation and a favourable international economic environment. ASEAN Member States should mainstream the multidimensional aspects of the right to development into the relevant areas of ASEAN community building and beyond, and shall work with the international community to promote equitable and sustainable development, fair trade practices and effective international cooperation.

RIGHT TO PEACE

38. Every person and the peoples of ASEAN have the right to enjoy peace within an ASEAN framework of security and stability, neutrality and freedom, such that the rights set forth in this Declaration can be fully realised. To this end, ASEAN Member States should continue to enhance friendship and cooperation in the furtherance of peace, harmony and stability in the region.

COOPERATION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

39. ASEAN Member States share a common interest in and commitment to the promotion and protection of human rights and fundamental freedoms which shall be achieved through, inter alia, cooperation with one another as well as with relevant national, regional and international institutions/organisations, in accordance with the ASEAN Charter.

40. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to perform any act aimed at undermining the purposes and principles of ASEAN, or at the destruction of any of the rights and fundamental freedoms set forth in this Declaration and international human rights instruments to which ASEAN Member States are parties.

Adopted by the Heads of State/Government of ASEAN Member States at Phnom Penh, Cambodia, this Eighteenth Day of November in the Year Two Thousand and Twelve, in one single original copy in the English Language.