Non-interference is hindering Asean’s fight against Islamic State

Jihadists joined the attack in response to calls for reinforcement by Isnilon Hapilon, the Filipino militant dubbed the “Emir of Southeast Asia” and allegedly linked to the so-called Islamic State (IS). With Hapilon cornered by the military, hundreds of local Maute group militants poured into southern Mindanao under the black flag of IS.
Although transnational terrorism is nothing new in the region, especially in the borderlands of the Philippines, Indonesia and Malaysia, the attack was shocking not just for its unprecedented scale but also for its unprecedented level of transnational coordination.
Typically, terrorist acts in Southeast Asia have been carried out by local citizens, despite their declared affiliation with overseas outfits like IS. Militia in the Philippines are known for taking hostages for ransom rather than ideology. But the Marawi attack, although carried out by local groups, was a coordinated assault led by a regional figure and involving foreign soldiers. Philippine Solicitor General Jose Calida said, “What’s happening in Mindanao is no longer a rebellion of Filipino citizens. It has transmogrified into invasion by foreign terrorists.” He warned that IS was attempting to claim Mindanao as a caliphate, using terrorists from Indonesia and Malaysia.
The Mindanao assault reflects deepening ties between terrorist groups across the region. A month before the attack, a raid by Philippine forces on a Maute base killed one Malaysian and three Indonesian nationals. They were suspected to be members of Indonesia-based Jamaah Islamiyah, from which the military believes Maute obtained its weapons.
The deepening ties are believed to have been facilitated by IS as a part of the establishment of its Southeast Asia caliphate, which has gained the support of more than 60 local militant organisations. Singapore’s S Rajaratnam School of International Studies reports that IS is creating a “Brigade of Migrants”, for which prospective jihadists are paid 500 Malaysian ringgits (Bt4,000) for travel from Malaysia to the Philippines and handed a weapon for free.
The growing threat of IS calls for better regional coordination in fighting them.
Asean issued the Declaration on Joint Action to Counter Terrorism in 2001, but its biggest progress in counter-terrorism is arguably the Treaty on Mutual Legal Assistance in Criminal Matters (MLA treaty) and the Convention on Counter Terrorism (ACCT). The MLA treaty is designed to allow regional law enforcement and judiciary to cooperate in apprehending, investigating and prosecuting, exchange of witnesses, sharing of evidence, inquiry, seizure and forfeiture of proceeds of a crime – a huge boost in combating transnational terrorism. Meanwhile, the ACCT forges the legal basis for cooperation among member states in combating transnational crimes.
Unfortunately, the treaty and convention were not accompanied by adequate institutional development. Asean member states took almost six years to collectively ratify the ACCT, finally doing so in 2013.
As such, the creation of regional counter-terrorism bodies is still at the “discussion” phase. 
The biggest obstacle to the much-needed coordinated response lies in the history of Asean itself – specifically its non-interference principle. Under this, any move to create a regional body with actual power to combat terrorism is feared to breach member states’ sovereignty.
This is exacerbated by the different approach each member state adopts in combating terrorism. In the Philippines, where terrorism is related to insurgency, counter-terror efforts are spearheaded by the military, while in Indonesia and Malaysia, they are led by the police force.
There is also the different approach to the legal processing of terrorist suspects in different member states. When former Singaporean leader Lee Kuan Yew slammed the Indonesian government for its failure to arrest Jamaah Islamiyah leader Abu Bakar Baasyir, Jakarta responded by saying that Singapore is too authoritarian to understand that in a democracy, terrorism should be dealt with differently.
But with the ever-growing nexus of global terrorism, this principle of non-interference is due for urgent review. In a time when terrorism in Southeast Asia is transnational, a clear-cut distinction between regional and domestic matters is problematic. The Islamic State’s growing influence in Southeast Asia is evidence that no country is secure against activities of terrorist organisation outside its borders.
Asean should couple economic integration with further integration of its security. The Islamic State’s declaration of a Southeast Asia caliphate will draw more militants from across the region into the fray. Southeast Asian states must respond with stronger coordination at the regional level through Asean.

Hestutomo Restu Kuncoro researches Southeast Asian politics.