Left to right: Ferdinand Romualdez Marcos Jr, (Philippine President), Hun Sen (Cambodia Prime Minister), Charles Michel (President of the European Council), and Ursula von der Leyen (EU President).

by Simone Galimberti

There were a lot of expectations for the first-ever summit between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) that happened in Brussels on Wednesday (14 Dec).

After all, this was the first time that all the heads of state and government from the two blocs were meeting for the only purpose of exclusively promoting bilateral relationships between the two institutions.

Unsurprisingly, amid the variety of topics on the agenda that were discussed, two words were almost totally absent from the final Joint Leaders’ Statement: human rights.

Apart from symbolic references, the document, unlike issues like sustainable development, climate change and connectivity, did not devote any special paragraph to them.

Once again, the ASEAN leaders attending the Summit were able to dodge the issue and, as consequence, human rights were discounted and overlooked no matter how much, behind the scenes, the Europeans might have tried to include them in the discussions.

Yet, as we deal with the inevitability that EU and ASEAN will advance only on certain issues rather than others, several ways remain available for the EU to embed its approach to South East Asia with attention towards human rights and democracy.

Some of which can build on the existing framework of cooperation, while others, instead, can be explored by harnessing recent political developments in the region.

One of the former is the human rights dialogue that ASEAN and the EU have been hosting periodically.

Though there are low-key and not eye-grabbing events, they are essential and the only forum to enhance human rights in South East Asia.

The good news is that just a few weeks ago, after a long hiatus, Jakarta hosted the 4th edition of such dialogues.

The event was preceded by the 2nd ASEAN EU Civil Society Forum, a symbolic and yet important platform that should be strengthened with periodic annual events and sub-group discussions that would amount to almost an “institutionalization” of this unique format between the EU and the civil society in the region.

Even if inconvenient for many of the leaders from South East Asia that will gather in Brussels, from the Summit should emerge a stronger human rights dimension to the bilateral relationships between ASEAN and the EU.

At a minimum, dates for a new edition of the human rights dialogue should be agreed, a process that ideally should be made annually with the EU delegations in the capitals of the region, continuing to include and giving visibility to the issue of human rights in their respective agendas.

This is something that, for example, the EU is doing in Cambodia, a place where human rights are certainly not regarded as a priority by the government of Prime Minister Hun Sen.

Mr Eamon Gilmore, the current EU Special Representative for Human Rights, must be equipped with more tools to carry out his work in a way that human rights stop beings seen as just the inevitable “add on” that must be necessarily, though reluctantly, included while dealing with the Europeans.

Rather, human rights should be a shining component of the holistic EU policy not only in the region but elsewhere as, at least, stated in the Strategic Compass.

In practice, it means a much stronger support to an array of toothless rights institutions operating in the ASEAN.

Among these, the ASEAN Intergovernmental Commission on Human Rights, is the most politically sensitive because, if empowered, it could enable a sort of grievances and abuses reporting mechanism whose implementation has been stalled for years.

An environment should be created for Mr Gilmore to travel to the region more often rather than occasionally.

In addition, his work must be necessarily complemented and strengthened by a stronger relationship at the highest political levels between the two blocs.

There is also space for the European Parliament to step in by pursuing a partnership with the ASEAN Inter-Parliamentary Assembly, whose name itself makes a mockery of the idea of a true regional parliament.

As per now, the EP is just an observer member, a role that does not offer a venue for concrete collaborations.

The fact that Indonesia is taking over the annual chairmanship of the ASEAN offers an opportunity for the EU.

Despite the strong criticisms erupting in Jakarta against the new Penal Code, the country remains a steadfast supporter of human rights in the region.

This can be useful, especially if the EU wants to elevate the human rights agenda at political but also at grassroots levels, especially by leveraging the higher education partnerships supporting the region.

Taking advantage of the latest developments in the region, the EU could work with the new Malaysian Government to promote a wider discussion on the death penalty.

Malaysia recently took bold steps towards its abolition, and the EU could work pragmatically with new PM Anwar, himself a reformer, to promote a wider discussion about what remains one of the most toxic issues, politically speaking, in the ASEAN.

Last but not least, the EU should support Timor-Leste’s membership to ASEAN.

In the latest ASEAN Summit held in Phnom Penh in November, the leaders agreed on principle to welcome this impoverished but democratic nation to the group. Knowing the “pace” of developments within ASEAN, it might still take several years for Timor-Leste to be formally accepted.

There is no better investment the EU could make for the promotion of human rights in South East Asia than fully supporting Dili in its quest to be fully part of ASEAN.

The exclusion of human rights and democracy from the Summit’s conclusion should not be seen as a deterrent for those in the EU willing to keep focusing on expanding the Union’s relationship with ASEAN through a holistic approach based on universal values and principles.

Many in South East Asia are looking forward to such type of engagement no matter the ability and bargaining power of the ASEAN leaders to avoid the issue. 

The author writes on regional cooperation, human rights and development in the broader Asia Pacific region.

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