The current development of human rights norms and institutions in Southeast Asia is truly a positive development. The creation of the ASEAN Charter was very significant for the development of human rights norms as that document formally inserted the human rights provisions. A comparative lesson on the development of regional human rights outside the region of Southeast Asia is an interesting topic.
More specifically, ASEAN could also learn from the European Union (EU) as a human rights organization. America and Africa are also willing to develop their own regional human rights standards. Currently, there are AICHR, ACWC, ACMW and several national human rights institutions among ASEAN members.
EXTERNAL RELATIONS AS A MEANS TO ADVANCE ASEAN HUMAN RIGHTS NORMS
For example, ASEAN leaders have consistently noted the important contribution of the ASEAN Human Rights Mechanism Working Group.36 The political oversight of the ASEAN Inter-Parliamentary Assembly (AIPA) and the strategic analysis of institutions such as the ASEAN Institutes of Strategic and International Studies (ASEAN-ISIS) have also provided ASEAN leaders with an objective view of the management of human rights policies. The role of some non-governmental organizations (NGOs) that focus their work on investigating human rights violations on the ground through the process of "naming and shaming" should also be taken into account. Since no specific human rights treaty exists in Southeast Asia, the situation can be analogized as a mosaic where each partial human rights norm contributes to any other norm.
In this regard, external relations appear to be one of the possible tools for promoting ASEAN human rights norms. Article 1 (15) mentions that one of ASEAN's purposes is to "maintain ASEAN's central and proactive role as the main driving force in relations and cooperation with external partners in a regional architecture that is open, transparent and inclusive". Another regulation can also be seen in Article 2(2)(m) which states that “ASEAN and its member states shall act in accordance with the principle of the central role of ASEAN in external political, economic, social and cultural relations. while remaining actively engaged, outward-looking, inclusive and non-discriminatory".
How seriously the human rights agenda would be taken among ASEAN's external relations priorities will depend on the agreement between ASEAN and other parties. Each country or international organization naturally has a different way of conducting its human rights diplomacy, which is largely determined by different goals, principles and focus areas and mutual interests. Indeed, diverging national interests are the potential for unilateral maneuvering by individual ASEAN members to preserve the security of their own human rights agendas.
The following paragraphs will explore the practice of ASEAN's external relations with its partners on the issue of human rights, using the example of ASEAN's cooperation with the European Union and the United States of America. The exploration will also relate to the context of advancing ASEAN human rights norms through foreign relations.
ASEAN’S EXTERNAL RELATIONS WITH THE EUROPEAN UNION ON HUMAN RIGHTS ISSUES
Pursuant to Article 41(4) of the ASEAN Charter, it is stated that "in the conduct of ASEAN's external relations, member states shall coordinate and endeavor to formulate common positions and implement common measures on the basis of unity and solidarity". He analyzes that developing and expanding such a human rights policy and becoming a central component of external action is undoubtedly the most ambitious and noble goal that the EU can set for its relations with the rest of the world. Cooperation between ASEAN and the EU is indeed very interesting to discuss, especially in the context of exchange of values and norms and also in relation to the exchange of experiences regarding human rights institutions.52 In essence, this cooperation recognizes the existence of a universal human value and norm of rights by repeatedly emphasizing their joint commitment to the promotion and respect of human rights and fundamental freedoms based on the UN Charter, UDHR and VDPA.53.
ASEAN and EU continuously express their willingness to develop their cooperation in all areas of mutual interest and priorities of interest to both regions through consultation and dialogue based on partnership, respect for the equality of civilizations, the belief that cultural diversity is an asset , and mutual benefit and benefit.54 Specifically in the context of human rights, both organizations agreed to strengthen mutual cooperation in the promotion and protection of human rights and affirmed attempts to promote human rights.55 Even in practice,. 50 See Government Offices of Sweden Ministry of Foreign Affairs, Human Rights in the EU's External Relations. 51 Piet Eeckhout, External Relations of the European Union: Legal and Constitutional Foundations, Oxford University Press, Oxford, 2004, p.483.
5, See the Vientiane Declaration of the Thirteenth ASEAN-EU Ministerial Meeting, op.cit , section 3, joint declaration The Eleventh ASEAN-EU Ministerial Meeting Karlsruhe, 22-23 September 1994, and the joint declaration ASEAN-EC ministerial meeting Brussels, 21 November 1978, par. ASEAN and the EU will relatively often consider and eventually formulate joint declarations in response to human rights situations both inside and outside their regions, such as situations in Afghanistan, Cambodia, Central and Eastern Europe, Myanmar, North Asia and Vietnam.56 Furthermore, both organizations annually establish a detailed list of activities, which also sets the human rights agenda. The Phnom Penh Agenda for the Implementation of the ASEAN-EU Action Plan sets, for example, agenda to intensify the dialogue between these two organizations through exchanges between officials, think tanks and relevant stakeholders with the aim of promoting and protecting human rights through the ASEAN Human Rights Body.57 They also agreed to explore cooperation, for example, hosting workshops and seminars on human rights education and exchange of experience on the promotion and protection of human rights through national and/or international mechanisms.58.
In addition to discussing value and institution topics, such cooperation also opens up the possibility for people in both regions to have direct access to share their experiences on the implementation of human rights norms. In 1978, the Ministers of Foreign Affairs of the ASEAN and the European Community agreed that their cooperation should serve their people by promoting human rights.59 The Ministers noted the continuous development of contacts between members of parliament of the two regions, including in particular the visit of a European Parliament delegation to Bangkok in October 1984.
ASEAN’S EXTERNAL RELATIONS WITH THE UNITED STATES OF AMERICA ON HUMAN RIGHTS ISSUES
THE CAPACITY, ADVANTAGES, AND ANXIETY OF THE POTENTIAL FOR EXTERNAL INTERFERENCE
In the context of the issue of human rights, ASEAN's practices show that such an organization actively aims to promote and protect human rights in its cooperation agenda with foreign partners. Many joint statements made between ASEAN and its partners are indicative that ASEAN has the capacity to develop its human rights norms through external relations. In the context of foreign relations on human rights issues, there are at least three advantages that can be gained from ASEAN.
Since human rights are universal value, ASEAN's external relations should also be used to promote the distinctiveness of human rights in Southeast Asia. More specifically, such a relationship can be used as an instrument to clarify the misleading perception of the lack of respect for human rights in Southeast Asia as well as the misunderstood about 'the Asian way'. Second, ASEAN's external relations can also contribute to the institutional improvement of its human rights institutions.
It is interesting that this norm is also highly respected in the context of the issue of human rights in ASEAN. In fact, it is interesting to study whether ASEAN's external relations on human rights issues are also potential for external interference. In order to have concrete examples, the following paragraph will review ASEAN's formal cooperation with the EU and the US in the field of human rights.
Remarkably, both organizations agreed to strengthen mutual cooperation in the promotion and protection of human rights in accordance with the spirit of the ASEAN Charter and the UN Charter.91 This means that the principle of respect for the freedom of ASEAN countries from external interference will certainly be ensured. The ASEAN-US cooperation on human rights seems quite similar to the ASEAN-EU cooperation. Psychologically, they reject the human rights issues will be the new gateway after such interference has occurred again in Southeast Asia.
Therefore, they will be very careful to discuss any human rights agenda with foreign partners.
CONCLUSION
Although the threat posed by external interference cannot be completely prevented, the advancement of ASEAN human rights norms does not seem so easy to interfere with external powers, at least, based on the following arguments. Hopefully, as the ASEAN Human Rights Declaration is inaugurated, it will become a stepping stone to more binding norms in the future. In addition to the reason for particularity, ASEAN should also consider the ability of its members to perform human rights duties.
For example, ASEAN should be aware of whether the human rights clause is used as a formal requirement for economic cooperation or used to press for political cooperation. 101 Hassan Wirajuda, the former Minister of Foreign Affairs of the Republic of Indonesia has sometimes proposed this idea, especially the model of the African Commission on Human and Peoples' Rights (ACHR). The challenge may also come to ASEAN if cases of serious human rights violations will occur again in the Southeast Asian region and then have significant impacts on the peace and security situation.
Terms of Reference for the ASEAN Intergovernmental Commission on Human Rights Terms of Reference for the ASEAN Commission for the Promotion and Protection of. Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights (entered into force November 28, 1969). Brochure on the Council of the EU Guidelines on Human Rights and International Humanitarian Law, General Secretariat of the Council of the EU, Brussels, 2009.
Government Offices of the Swedish Ministry of Foreign Affairs, Human Rights in EU External Relations. Universal Declaration of Human Rights (entry into force 1948) Vienna Declaration and Program of Action (entry into force 1993) UN General Assembly Resolution A/60/251.
