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Acharya WhoAretheGlobalNormMakersGlobalGovernance
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Article in Global Governance A Review of Multilateralism and International Organizations · July 2014
DOI: 10.1163/19426720-02003006
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Amitav Acharya
405
406 Who Are the Norm Makers?
group like a nongovernmental organization, but also the local and regional
context from which they draw the norms. I have conceptualized this earlier
as “constitute localization.”1
Third, norm making is not a one-step or linear process; initially articu-
lated universal norms are not only subject to contestation, but also to resist-
ance and modification, whether at international or regional levels. In other
words, once articulated, norms do not remain static, and resistance and con-
testations do not end but persist. Such contestations often produce critical
feedback that could reshape the original norm in question. Contestations and
feedback are perennial features of norms.
Fourth, norm creation and propagation is not the prerogative of mate-
rially powerful states. Weak states can also create regional and global
norms. They may do so if they are excluded or marginalized from initial
global norm-making processes. They may also do so to protest against the
hypocrisy of powerful actors when they seem to violate the very norms
that they have helped to create and diffuse. Elsewhere, I have called this
process “norm subsidiarity.”2
Fifth, agency in norm dynamics can also take multiple forms, including
widening (extending to new issues, regions, and actors), deepening (adding
new injunctions and prohibitions), and thickening (reducing the scope for
exceptions and violations). Moreover, in considering agency, one should pay
attention not only to where and how norms originate, but also to where and
how they diffuse. The proposition of a new norm is important, but agency can
also lie in how the norm in question is being promoted and who is doing it.
Variations in the scope and interpretation of norms that are the product of the
localization or subsidiarity also constitute a form of agency.
Taken together, the interrelated and interactive processes of proposition,
localization, subsidiarity, and feedback offer a more complete picture of a
norm’s life cycle than models that focus substantially on the proposition, dif-
fusion, and internalization of norms in a more or less linear process led by
materially powerful states or globally prominent transnational civil society
groups. This broader framework, which I call “norm circulation,”3 allows
space for those who investigate norms to consider the role of weaker actors,
including regional actors, that may get involved in norm dynamics by relat-
ing to one or more of its different elements.
With these general observations, I examine normative debates and out-
comes of the Bandung Conference, focusing mainly on the relationship
between human rights and the norms of state sovereignty, especially nonin-
terference/nonintervention (I use these interchangeably, but would stick to
nonintervention). This relationship is one of the most contentious major
issues in post–World War II international relations. Conventional wisdom
casts these as polar opposites. What is more, it is seen as a core issue in the
Amitav Acharya 407
Global North–Global South divide; the former are generally seen as the
champions of human rights while the latter are cast as champions of nonin-
tervention, which is invoked to gain immunity from Western criticism of
their human rights abuses. And because of this perception, the role of non-
Western countries in the creation of the human rights regime has remained
sidelined (for important exceptions, see Kathryn Sikkink’s article in this spe-
cial section).
Yet the above picture is simplistic and misleading, especially when it
comes to the construction of human rights and noninterference at the early
stages of the postwar international order. The countries of the South could
legitimately claim agency in developing and championing human rights
norms. There was no discernible contradiction between nonintervention and
human rights. A close reading of the Bandung Conference, using previously
unavailable primary sources—including the verbatim records of the Political
Committee4 where the leaders of the twenty-nine national delegations con-
gregated for five days—provides ample evidence of this.
The major Western powers, including the United States, the United King-
dom, and France, viewed the conference with barely suppressed animosity.
Britain and Australia considered it “mischievous.”6 The British feared that the
conference would “discuss, inter alia, problems affecting national sovereignty,
racialism and colonialism, on all of which the conclusions reached are likely
to be embarrassing to us.”7 The French were “alarmed at the damage to the
western cause.”8 While US secretary of state John Foster Dulles publicly took
an attitude of “benevolent indifference,”9 the State Department was “seriously
concerned” about the “eventual implications and most interested to avoid
damaging effects this conference.”10 The United States worried that the con-
ference “will offer Communist China an excellent propaganda opportunity
before the representatives of countries not formally committed to either the
Free World or the Communist Bloc,” and that it might “enhance the Commu-
nist prestige in the area and weaken that of the West.”11 It expected “Com-
munist propagandists to utilize the fear of war as a means of isolating the
United States.”12 While remaining skeptical of its potential for success,
Britain and the United States mounted a major covert effort, the details of
which are yet to be fully published, initially to persuade pro-Western devel-
oping countries to boycott the meeting. When that seemed counterproductive,
they sought to manipulate the conference. With active support from the
United States, Britain provided “guidance” documents to all pro-Western
attendees including Turkey, Pakistan, Thailand, and the Philippines as well as
to some neutral ones like Ceylon. These documents, covering such topics as
“communist colonialism,” nuclear disarmament, and religious freedom in the
Amitav Acharya 409
communist world, basically told them what positions they should take at the
conference with a view “to cause maximum embarrassment” to Communist
China and to prevent the emergence of an Afro-Asian bloc.13
But Western fears (indeed paranoia may seem more apt) that the Ban-
dung Conference would undermine universal norms proved unfounded. Par-
ticipants at the conference, whether supplied with Western guidance or not,
were pro–human rights, pro-universalism, and prodisarmament, and they saw
no contradiction between human rights and state sovereignty. If anything,
they saw the former (especially decolonization) as a necessary component of
the latter. In the discussion that follows, I elaborate on this claim.
Human Rights
“Human rights and self-determination” was the very first item on the agenda
of the Political Committee. The initial speaker on the subject, India’s prime
minister Jawaharlal Nehru, begun by observing: “We have no right to criti-
cize others for violating human rights if we ourselves do not observe them.”
He was referring to the issues of Palestine and racialism that had been placed
on the agenda and were expected to rally the participating nations. Nehru
argued that the Universal Declaration of Human Rights (UDHR) remained
unfulfilled: “We at present are not acting up to it in many ways.” Nehru also
viewed the continuance of colonialism as “a violation of the fundamental
human rights and a threat to the peace of the world.”
The head of the Lebanese delegation, Charles Malik, who had been the
rapporteur of the UDHR drafting committee, agreed with Nehru’s point about
noncompliance with the UDHR, but said that the noncompliance was expected
and “a time would come when the world would be able to live up to these
ideals.” Some participants, including India, argued that the meeting should not
discuss the UDHR specifically, but instead the general principles of human
rights, because not all participants at the Bandung Conference were members
of the UN and thus might not have studied the UDHR (a UN document) care-
fully. China, led by Premier Zhou Enlai and backed by India, held that it had
not had the time to study the UNDR, and that the Bandung Conference was
not a UN conference: “We should not ask those countries which are not yet
members of the U.N.O. to state their attitude on something of the United
Nations which has not yet been studied by them.” (At this point, Chinese
membership in the UN was held by the Taiwan-based Republic of China.)
But this position was opposed by several others, including Lebanon,
Turkey, and Iraq. Not only that those who were not yet members of the UN
had applied to join it, but a separate human rights declaration could become,
as Malik put it, “a competitor to the United Nations.” Malik argued that the
conference should simply endorse the UDHR: “If we are not to compete with
the United Nations, then since this document [UDHR] has been worked out
410 Who Are the Norm Makers?
over a period of three or four years and since every comma has been placed
with the utmost precision.” Otherwise, the conference “would be in a most
unfortunate process of setting up a competitor to the United Nations.” Nehru
firmly rejected the view that there was any competition with the UN: “All I
suggested was that we should not specifically tie ourselves up with this doc-
ument, but treat it as a basis for our consideration.” China made the same
point: “We have no direct connection with the United Nations. Of course, we
do not wish to have any rivalry with the United Nations.”
It was suggested, especially by Iran, that apart from the UDHR the com-
mittee should also endorse the principles of human rights in the UN Charter.
And Thailand, whose head delegate Prince Wan Waithayakon was also the
official rapporteur of the Political Committee, suggested that instead of using
the UDHR as a specific point of reference for human rights norms, the com-
mittee should support the general principles of human rights “such as set
forth” in the UDHR. A vote was avoided. In the end, the committee agreed on
compromise language: “The Asian-African Conference declares its full sup-
port of the fundamental principles of human rights as set forth in the Charter
of the United Nations, and takes note of the Universal Declaration of Human
Rights as a common standard of achievement for all peoples and all nations.”
The language that the committee “declares full support” for the UN Charter
principles on human rights, but “takes note of” the UDHR, was necessary for
achieving a compromise. A close reading of the Political Committee discus-
sions suggests that there was strong support for the principles of human rights
from all nations. Despite its initial support for China’s position on the UDHR,
Nehru expressed full support for human rights principles and went on to crit-
icize fellow participants for not observing them.
Nonintervention/Noninterference
The issue of nonintervention emerged as a central issue of contention at the
Bandung Conference, but there was no hint of anyone using nonintervention
to mask human rights abuses at home. Instead, sovereignty and noninterven-
tion were invoked to criticize: (1) foreign interference causing domestic sta-
bility in countries, (2) communist colonialism, and (3) membership in US-
organized military pacts.
Burma urged the participants to “declare that their relations between
themselves, and their approach to other nations of the world, shall be governed
by complete respect for national sovereignty and integrity of other nations.
They will not intervene or interfere in the territory or the internal affairs of
each other or of other nations, and will totally refrain from acts or threats of
aggression.” Burma’s proposal had to do with the presence of Nationalist Chi-
nese (Kuomintang) troops in Burma, after they had been driven out of main-
land China by the communists. These troops were accused of creating a state
within a state and engaging in “infiltration and subversion.”
Amitav Acharya 411
Universalism
With nine of the countries represented at the Bandung Conference yet to be
members of the UN and yet to be asked to endorse the UHDR, the conference
was a key test of the norm of universalism. Aside from the UDHR issue, the
UN also came in for criticism for its lack of action in cases involving self-
determination in Palestine, West Irian, and North Africa. Seeking to end
Dutch rule over West Irian (the Dutch had retained the territory even after
Indonesia gained independence in 1949), Indonesia initially wanted to mod-
ify the principle of “self determination of peoples” to “self-determination of
peoples and nations,” but failed to gather support. But more controversy
erupted over a Syrian-initiated resolution supporting the Indonesian position
that criticized the UN’s failure to resolve the West Irian issue. The draft res-
olution read: “The Asian-African Conference in the context of its express atti-
tude on the abolition of colonialism supports the relevant agreement between
Indonesia and Holland and regrets that the General Assembly of the United
Nations has failed to assist the parties in reaching a peaceful settlement of the
problem.” The word “regrets” caused much debate. Turkey objected to the
mention of “regrets” because it risked damaging “the United Nations which
is the unique international organization to which we all owe our independ-
ence and existence.” China supported “regrets” as “very appropriate” and
called it “mild”: “If we cannot put in even such a sentence to call the atten-
tion of the United Nations to a certain matter, then in our view it is not in line
with the spirit of this Conference.” Syria responded to Turkey by saying its
resolution did not carry any condemnation of the UN, but referred to the
“fact” of UN’s failure to settle the issue. India too believed that there was no
condemnation of the UN implied. Instead, Nehru clarified, the failure of the
UN to act was due to the “attitude of the Great Powers,” principally the
United States, the United Kingdom, and France who prevented the UN from
ending Dutch rule over West Irian.
In opposing “regrets,” three arguments were heard. Iraq called for con-
sistency (why criticize the UN over West Irian and not over the Palestinian
issue?). Lebanon opposed “regrets” because it would set a “dangerous”
precedent. Since some UN members supported the resolution, blaming the
whole organization would not be proper. Distinction should be made between
the UN and the great powers. Pakistan argued against “regrets” on the ground
that “it is the United Nations that can help a peaceful settlement of the dis-
pute.” Afghanistan worried that “any harm to the United Nations in itself can
lead to the weakening of the United Nations and the faith that the people of
the world should have in that organization to which we are deeply attached
for the preservation of peace.” In the end, the resolution that was adopted
contained the conference’s “earnest hope that the United Nations will assist
the parties concerned in finding a peaceful solution to the dispute” over West
Irian. Moreover, the conference strongly expressed that “membership in the
414 Who Are the Norm Makers?
Nuclear Disarmament
Nehru, who had in 1954 offered “the first proposal for a legal instrument to
put an end to nuclear testing,”17 drew special attention at the Bandung Con-
ference to the “enormous danger” posed by the thermonuclear testing. But
Indian norm entrepreneurship was thwarted by the Western powers, the
United States and the United Kingdom acting through their allies in Bandung,
Turkey, Pakistan, and Lebanon.18 Instead, the latter linked any ban on nuclear
and thermonuclear weapons to a general disarmament program, which was an
unrealistic goal. A secret US State Department assessment of the conference
perversely considered its “linking of the question of banning nuclear weapons
to the broader question of universal disarmament, and its reference to the
need for international controls” as an outcome that was “thought by the
Americans to favor the West.”19 Nehru was more successful in getting the
conference to pass a resolution for creating programs to “keep a continuous
watch on radio-activity” by creating “a chain of stations [that] should be
established running right across Asia from Africa and the Middle Eastern
countries to Australia and New Zealand and to Japan.” The program did not,
however, materialize.
Conclusion
The Bandung Conference strengthens the case for adopting the broader
framework of norm circulation that I outlined at the outset of this article. In
terms of norm creation (proposition), the conference saw the initial articula-
tion of nonalignment and anti–nuclear testing norms. In terms of localization,
the debate over Cold War military pacts like the SEATO constituted a cogni-
tive prior for Asia, Africa, and the Middle East because it shaped the princi-
ples of the NAM and the security norms in Asian regionalism. The confer-
ence offers an especially powerful account of norm subsidiarity—when weak
states resort to normative action because of a sense of marginalization from
global norm making (in this case from the UN and the UDHR) and to protest
the hypocrisy of great powers violating established global norms. The latter
was evident in the debate over human rights and self-determination that was
being ignored or violated by the Western powers. We also see different forms
Amitav Acharya 415
Notes
Amitav Acharya is the UN Educational, Scientific and Cultural Organization
(UNESCO) chair in transnational challenges and governance, chair of the Associa-
tion of Southeast Asian Nations (ASEAN) Studies Center at American University,
and president of the International Studies Association.
1. Amitav Acharya, “How Ideas Spread: Whose Norms Matter? Norm Localiza-
tion and Institutional Change in Asian Regionalism,” International Organization 58,
no. 2 (Spring 2004): 239–275; Amitav Acharya, Whose Ideas Matter? Agency and
Power in Asian Regionalism (Ithaca: Cornell University Press, 2009).
2. Amitav Acharya, “Norm Subsidiarity and Regional Orders: Sovereignty,
Regionalism and Rule Making in the Third World,” International Studies Quarterly
55, no. 1 (2011): 95–123.
3. For further elaboration, see Amitav Acharya, “The R2P and Norm Diffusion:
Towards a Framework of Norm Circulation,” Global Responsibility to Protect 5, no.
4 (2013): 466–479.
4. Unless otherwise cited, all quotes in this article are drawn from the Verbatim
and Summary Records of the Political Committee of the Bandung Conference, which
remain unpublished.
5. Amitav Acharya, “50th Anniversary of the Bandung Conference: Myths and
Realities,” The Straits Times, 20 April 2005, p. 21.
6. UK High Commissioner, Ceylon, to Commonwealth Relations Office, 18 Jan-
uary 1955, D2231/60, FO 371/116976 (London: National Archives, Public Records
Office).
7. F. S. Tomlinson, Foreign Office, London, Minute, “Position Regarding Afro-
Asian Conference,” 12 January 1955, D2231/47, FO 371/116976 (London: National
Archives, Public Records Office).
8. Alexander Symon, UK High Commissioner, Karachi, to W. E. Clark, Com-
monwealth Relations Office, London, 22 March 1955, D2231/158, FO 371/116979
(London: National Archives, Public Records Office).
9. Washington Post, 6 May 1955. This article can be found in D2231/235, FO
371/116980 (London: National Archives, Public Records Office).
10. “The Secretary of State to Certain Diplomatic and Consular Offices,” Foreign
Relations of the United States, 1952–1954, vol. 12: East Asia and the Pacific (Wash-
ington, DC: US Government Printing Office, 1987), pp. 1084–1085.
11. British Embassy, Tokyo, “Extract from the United States Intelligence Report
No. 4448 of 6/1/55,” 17 January 1955, D2231/85, FO 371/116977 (London: National
Archives, Public Records Office).
12. “Memorandum from the Acting Assistant Secretary of State for Far Eastern
Affairs (Sebald) to the Secretary of State,” Foreign Relations of the United States,
1955–1957, vol. 2: China (Washington, DC: US Government Printing Office, 1989),
p. 508.
13. Amitav Acharya, “Lessons of Bandung, Then and Now,” Financial Times, 21
April 2005, p. 18.
14. Jawaharlal Nehru, “Implications of Military Alliances,” in H. Y. Sharada
Prasad and Ravinder Kumar, eds., Selected Works of Jawaharlal Nehru, vol. 28 (New
Delhi: Oxford University Press, 1971), p. 324.
Amitav Acharya 417
15. Conference of the Prime Ministers of the Five Colombo Countries, Bogor,
28–29 December 1954, Minutes of Meetings and Documents of the Conference, 2nd
Session, p. 6; “Southeast Asian Prime Minister’s Conference: Minutes of Meetings
and Documents of Conference,” Colombo, April 1954.
16. For further discussion, see Acharya, Whose Ideas Matter? pp. 54–59, 71–74.
17. “Happy Birthday CTBT,” Comprehensive Test Ban Treaty Organization,
www.ctbto.org/press-centre/highlights/2012/happy-birthday-ctbt/, accessed 29 Novem-
ber 2013. Under vastly different circumstances, India conducted nuclear tests in 1998
and has not signed the Comprehensive Test Ban Treaty.
18. J. E. Cable, Foreign Office, London, “Afro-Asian Conference,” 2 March 1955,
D2231/123, FO 371/116978 (London: National Archives, Public Records Office).
19. The State Department assessment was cited in a dispatch by the New Zealand
embassy in Washington, DC, to Wellington, New Zealand. G. R. Laking, to Secretary
of External Affairs, Wellington, “Asian-African Conference,” 5 May 1955,
D2231/349, FO 371/116984 (London: National Archives, Public Records Office).
20. British Embassy, Washington, to Foreign Office, London, US Department of
State Intelligence Report No. 6903, “Results of the Bandung Conference: A Prelimi-
nary Analysis,” 27 April 1955, D2231/373, FO 371/116986 (London: National
Archives, Public Records Office).