1 Sovereign Law Series Bandung “Asian-African Conference” of 1955 (Non-Aligned Movement Principles) Short-Form Reference: 1955 NAM “Bandung Asian-African Conference” In-Line Micro Reference: 1955 NAM “Bandung Conference” Ratification / Registration: Final Communiqué, Bandung, Indonesia (24 April 1955) © 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved. The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107). 2 Introductory Notes by the Independent Judiciary Download Sovereign Law Series – This “Sovereign Law Series” is presented by the Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized reference and effective use of international law sources. It provides primary sources of the modern framework of “conventional international law”, which contains provisions to invoke “customary international law” which is the “Common Law”. Download the “Intro & Index” (with links to all documents in the collection) here: Introduction & Index Independence from the UN – The United Nations (UN) is not a “world government”, and has no authority for any type of “global governance”: The UN is prohibited to interfere with self-determination of peoples or sovereignty of States (UN Charter, Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world parliament”, and has no authority to enact any form of “legislation”: The UN General Assembly (GA) is only a forum for States to codify and declare general recognition of rights and doctrines of international law (UN Charter, Article 13.1). Reclaiming Law and Rights – The UN has no authority to “own” or “control” international law: All the conventions actually belong to the Peoples of the Nations, and the UN is only authorized to register and publish them (1969 Law of Treaties, Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”, those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2), and “become binding upon” all States as “customary rules of international law” which are “recognized” by that convention (Article 38). Therefore, all law and rights evidenced in conventions belong to the People, and can be invoked by the People and enforced by the Independent Judiciary, in perpetuity. Words of Rights in Red – Operative words and phrases most effective for invoking and enforcing Rights, which are the most used by Barristers and Judges, are printed in Red font for ease of visual reference. Some key words may be underlined for emphasis. Commentary in Green – [Expert commentary from Barristers and Judges may be added in Green font, in Brackets, to guide effective use to assert and enforce rights.] 3 Official Text of this Law Source as Ratified Final Communiqué of Bandung “Asian-African Conference” (Non-Aligned Movement Principles) The Asian-African Conference, convened upon the invitation of the Prime Ministers of Burma, Ceylon, India, Indonesia and Pakistan, met in Bandung from the 18th to the 24th April, 1955. In addition to the sponsoring countries the following 24 countries participated in the Conference: [Adopted by 29 States, led and hosted by Indonesia] The Asian-African Conference considered problems of common interest and concern to countries of Asia and Africa and discussed ways and means by which their people could achieve fuller economic, cultural and political cooperation. [Note that the non-standard numbering system of provisions in this Communiqué can best be cited in source references as “Section A, Point 1” (or “A-1”), etc.] A. Economic Cooperation 1. The Asian-African Conference recognized the urgency of promoting economic development in the Asian-African region. There was general desire for economic cooperation among the participating countries on the basis of mutual interest and respect for national sovereignty. The proposals with regard to economic cooperation within the participating countries do not preclude either the desirability or the need for cooperation with countries outside the region, including the investment of foreign capital. It was further recognized that the assistance being received by certain participating countries from outside the region, through international or under bilateral arrangements, had made a valuable contribution to the implementation of their development programmes. 2. The participating countries agreed to provide technical assistance to one another, to the maximum extent practicable, in the form of: experts, trainees, pilot projects and equipment for demonstration purposes; exchange of know-how and establishment of national, and where possible, regional training and research institutes for imparting technical knowledge and skills in cooperation with the existing international agencies. 4 3. The Asian-African Conference recommended: the early establishment of the Special United Nations Fund for Economic Development; the allocation by the International Bank for Reconstruction and Development of a greater part of its resources to Asian-African countries; the early establishment of the International Finance Corporation which should include in its activities the undertaking of equity investment; and encouragement to the promotion of joint ventures among Asian- African countries in so far as this will promote their common interest. 4. The Asian-African Conference recognized the vital need for stabilizing commodity trade in the region. The principle of enlarging the scope of multilateral trade and payments was accepted. However, it was recognized that some countries would have to take recourse to bilateral trade arrangements in view of their prevailing economic conditions. [This recognizes that countries with disadvantaged economies “have to” rely on “bilateral trade”, meaning separate two-way treaties with individual countries, to protect their sovereignty and strengthen their economies. This implicitly recognizes that “multilateral trade”, meaning unified multi-way treaties with groups of countries, which was apparently reluctantly “accepted”, undermines sovereignty and is potentially damaging to national economies. This interpretation is confirmed by the related “bilateral” concept in Section B, Point 6 (“B-6”).] 5. The Asian-African Conference recommended that collective action be taken by participating countries for stabilizing the international prices of and demand for primary commodities through bilateral and multilateral arrangements and that as far as practicable and desirable they should adopt a unified approach on the subject in the United Nations Permanent Advisory Commission on International Commodity Trade and other international forums. 6. The Asian-African Conference further recommended that: Asian-African countries should diversify their export trade by processing their raw material, wherever economically feasible, before export; intra-regional trade fairs should be promoted and encouragement given to the exchange of trade delegations and groups of businessmen; exchange of information and of samples should be encouraged with a view to promoting intraregional trade; and normal facilities should be provided for transit trade of land-locked countries. 7. The Asian-African Conference attached considerable importance to Shipping and expressed concern that shipping lines reviewed from time to time their freight rates, often to the detriment of participating countries. It recommended a study of this problem, and collective action thereafter, to induce the shipping lines to adopt a more reasonable attitude. It was suggested that a study of railway freight of transit trade may be made. 5 8. The Asian-African Conference agreed that encouragement should be given to the establishment of national and regional banks and insurance companies. [This evidences that banking services are recognized as national critical infrastructure, essential for the public to participate in and contribute to the economy. It thereby further evidences that banking is generally considered a “public utility”, which by law should be available to all citizens by right, equally and without discrimination.] 9. The Asian-African Conference felt that exchange of information on matters relating to oil, such as remittance of profits and taxation, might eventually lead to the formulation of common policies. 10. The Asian-African Conference emphasized the particular significance of the development of nuclear energy for peaceful purposes, for the Asian-African countries. The Conference welcomed the initiative of the Powers principally concerned in offering to make available information regarding the use of atomic energy for peaceful purposes; urged the speedy establishment of the International Atomic Energy Agency which should provide for adequate representation of the Asian- African countries on the executive authority of the Agency; and recommended to the Asian and African Governments to take full advantage of the training and other facilities in the peaceful uses of atomic energy offered by the countries sponsoring such programmes. 11. The Asian-African Conference agreed to the appointment of Liaison Officers in participating countries, to be nominated by their respective national Governments, for the exchange of information and ideas on matters of mutual interest. It recommended that fuller use should be made of the existing international organizations, and participating countries who were not members of such international organizations, but were eligible, should secure membership. [Appointing “Liaison Officers” is significant, as this creates informal envoys as a form of bilateral back-channel diplomacy, for coordinating strategies outside of official diplomatic channels. This reveals that while appearing to endorse joining the United Nations, the founding NAM countries planned to retain geopolitical privacy and independence from the dominant UN system. This evidences a strategy of participating in the UN only to represent the collective will of independent countries.] 12. The Asian-African Conference recommended that there should be prior consultation of participating countries in international forums with a view, as far as possible, to furthering their mutual economic interest. It is, however, not intended to form a regional bloc. 6 [This evidences that despite the disclaimer that the NAM alliance is not an official or mandatory voting block, the countries did plan to mutually and bi-laterally coordinate their geopolitical strategies and positions privately and independently, before deliberations and voting in multi-lateral forums of the dominant UN system.] B. Cultural Cooperation 1. The Asian-African Conference was convinced that among the most powerful means of promoting understanding among nations is the development of cultural cooperation. Asia and Africa have been the cradle of great religions and civilizations which have enriched other cultures and civilizations while themselves being enriched in the process. Thus the cultures of Asia and Africa are based on spiritual and universal foundations. Unfortunately contacts among Asian and African countries were interrupted during the past centuries. The peoples of Asia and Africa are now animated by a keen and sincere desire to renew their old cultural contacts and develop new ones in the context of the modern world. All participating Governments at the Conference reiterated their determination to work for closer cultural cooperation. [This emphasis on ancient sources of religion, culture and civilization evidences the leadership of the Royal Alliance of Independent States (RAIS), historically led by the Kingdom of Banten Nusantara (Archipelago Islands of Indonesia), then represented by Indonesian President Soekarno. The Royal Alliance is comprised of ancient Asian and African Kingdoms (now non-territorial States as sovereign subjects of international law). In customary international law, such Royal institutions retain statehood precisely for preserving and continuing such traditions and values as the shared heritage of humanity, which cannot be acquired by mere territorial conquest.] 2. The Asian-African Conference took note of the fact that the existence of colonialism in many parts of Asia and Africa, in whatever form it may be, not only prevents cultural cooperation but also suppresses the national cultures of the people. Some colonial powers have denied to their dependent peoples basic rights in the sphere of education and culture which hampers the development of their personality and also prevents cultural intercourse with other Asian and African peoples. This is particularly true in the case of Tunisia, Algeria and Morocco, where the basic right of the people to study their own language and culture has been suppressed. Similar discrimination has been practised against African and coloured people in some parts of the Continent of Africa. The Conference felt that these policies amount to a denial of the fundamental rights of man, impede cultural advancement in this region and also hamper cultural cooperation on the wider international plane. The Conference condemned such a denial of fundamental rights in the sphere of education and culture in some parts of Asia and Africa by this and other forms of cultural suppression. 7 [Note that “colonialism” is here defined as “in whatever form”, establishing the basis for the later NAM Summit Declarations adding the term “neo-colonialism”, meaning a new colonialism in the form of propaganda driven policies imposed by dominant countries by political pressure through the multilateral UN system. This is supported by the related concepts of “colonialism” is Section D, Point 1 (“D-1”). Note that “national cultures” and “cultural advancement” are here recognized as “fundamental rights” meaning human rights.] In particular, the Conference condemned racialism as a means of cultural suppression. 3. It was not from any sense of exclusiveness or rivalry with other groups of nations and other civilizations and cultures that the Conference viewed the development of cultural cooperation among Asian and African countries. True to the age-old tradition of tolerance and universality, the Conference believed that Asian and African cultural cooperation should be developed in the larger context of world cooperation. Side by side with the development of Asian-African cultural cooperation the countries of Asia and Africa desire to develop cultural contacts with others. This would enrich their own culture and would also help in the promotion of world peace and understanding. [This emphasis on the “age-old tradition of tolerance and universality” further evidences the leadership of the Royal Alliance of Independent States (RAIS), an historical alliance of ancient Kingdoms, carrying the most ancient traditions which are “universal”, by pre-dating and thus underlying and unifying all later traditions.] 4. There are many countries in Asia and Africa which have not yet been able to develop their educational, scientific and technical institutions. The Conference recommended that countries in Asia and Africa which are more fortunately placed in this respect should give facilities for the admission of students and trainees from such countries to their institutions. Such facilities should also be made available to the Asian and African people in Africa to whom opportunities for acquiring higher education are at present denied. 5. The Asian-African Conference felt that the promotion of cultural cooperation among countries of Asia and Africa should be directed towards: (I) the acquisition of knowledge of each other’s country; (II) mutual cultural exchange, and (III) exchange of information. 8 6. The Asian-African Conference was of the opinion that at this stage the best results in cultural cooperation would be achieved by pursuing bilateral arrangements to implement its recommendations and by each country taking action on its own, wherever possible and feasible. [This confirms the principle and strategy of preferring “bilateral” two-way relations with individual countries, which strengthens sovereignty, instead of “multilateral” relations through treaty organizations influenced by dominant countries, which undermines sovereignty. This interpretation is confirmed by the related “bilateral” concept in Section A, Point 4 (“A-4”).] C. Human Rights and Self-Determination 1. The Asian-African Conference declared its full support of the fundamental principles of Human Rights as set forth in the Charter of the United Nations and took note of the Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations. The Conference declared its full support of the principle of self-determination of peoples and nations as set forth in the Charter of the United Nations and took note of the United Nations resolutions on the rights of peoples and nations to self- determination, which is a pre-requisite of the full enjoyment of all fundamental Human Rights. 2. The Asian-African Conference deplored the policies and practices of racial segregation and discrimination which form the basis of government and human relations in large regions of Africa and in other parts of the world. Such conduct is not only a gross violation of human rights, but also a denial of the dignity of man. The Conference extended its warm sympathy and support for the courageous stand taken by the victims of racial discrimination, especially by the peoples of African and Indian and Pakistani origin in South Africa; applauded all those who sustain their cause; re-affirmed the determination of Asian-African peoples to eradicate every trace of racialism that might exist in their own countries; and pledged to use its full moral influence to guard against the danger of falling victims to the same evil in their struggle to eradicate it. 9 D. Problems of Dependent Peoples 1. The Asian-African Conference discussed the problems of dependent peoples and colonialism and the evils arising from the subjection of peoples to foreign subjugation, domination and exploitation. The Conference is agreed: (a) in declaring that colonialism in all its manifestations is an evil which should speedily be brought to an end; (b) in affirming that the subjection of peoples to foreign subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and cooperation; (c) in declaring its support of the cause of freedom and independence for all such peoples, and (d) in calling upon the powers concerned to grant freedom and independence to such peoples. [Note that “colonialism” is here defined as “in all its manifestations”, including “subjection of peoples to foreign… domination”, establishing the basis for the later NAM Summit Declarations adding the term “neo-colonialism”. This is supported by the related concepts of “colonialism” is Section B, Point 2 (“B-2”). Note that such “colonialism” is condemned here as “a denial of fundamental human rights”.] 2. In view of the unsettled situation in North Africa and of the persisting denial to the peoples of North Africa of their right to self-determination, the Asian- African Conference declared its support of the rights of the people of Algeria, Morocco and Tunisia to self-determination and independence and urged the French Government to bring about a peaceful settlement of the issue without delay. 10 E. Other Problems 1. In view of the existing tension in the Middle East, caused by the situation in Palestine and of the danger of that tension to world peace, the Asian-African Conference declared its support of the rights of the Arab people of Palestine and called for the implementation of the United Nations Resolutions on Palestine and the achievement of the peaceful settlement of the Palestine question. 2. The Asian-African Conference, in the context of its expressed attitude on the abolition of colonialism, supported the position of Indonesia in the case of West Irian based on the relevant agreements between Indonesia and the Netherlands. The Asian-African Conference urged the Netherlands Government to reopen negotiations as soon as possible, to implement their obligations under the above- mentioned agreements and expressed the earnest hope that the United Nations would assist the parties concerned in finding a peaceful solution to the dispute. 3. The Asian-African Conference supported the position of Yemen in the case of Aden and the Southern parts of Yemen known as the Protectorates and urged the parties concerned to arrive at a peaceful settlement of the dispute. F. Promotion of World Peace and Cooperation 1. The Asian-African Conference, taking note of the fact that several States have still not been admitted to the United Nations, considered that for effective co- operation for world peace membership in the United Nations should be universal, called on the Security Council to support the admission of all those States which are qualified for membership in terms of the Charter. In the opinion of the Asian-African Conference, the following among participating countries, viz.: Cambodia, Ceylon, Japan, Jordan, Libya, Nepal, a unified Vietnam were so qualified. The Conference considered that the representation of the countries of the Asian-African region on the [UN] Security Council, in relation to the principle of equitable geographical distribution, was inadequate. It expressed the view that as regards the distribution of the non-permanent seats, the Asian-African countries which, under the arrangement arrived at in London in 1946, are precluded from being elected, should be enabled to serve on the Security Council, so that they might make a more effective contribution to the maintenance of international peace and security. 11 [Note that as the United Nations was still developing, only 10 years after the UN Charter of 1945, already this principle first established the concept of and movement demanding “UN Reform”, traditionally focused on perceived abuses of the Security Council, which have never been resolved nor adequately addressed.] 2. The Asian-African Conference having considered the dangerous situation of international tension existing and the risks confronting the whole human race from the outbreak of global war in which the destructive power of all types of armaments, including nuclear and thermo-nuclear weapons, would be employed, invited the attention of all nations to the terrible consequences that would follow if such a war were to break out. The Conference considered that disarmament and the prohibition of the production, experimentation and use of nuclear and thermo-nuclear weapons of war are imperative to save mankind and civilization from the fear and prospect of wholesale destruction. It considered that the nations of Asia and Africa assembled here have a duty towards humanity and civilization to proclaim their support for disarmament and for the prohibition of these weapons and to appeal to nations principally concerned and to world opinion, to bring about such disarmament and prohibition. The Conference considered that effective international control should be established and maintained to implement such disarmament and prohibition and that speedy and determined efforts should be made to this end. Pending the total prohibition of the manufacture of nuclear and thermo-nuclear weapons, this Conference appealed to all the powers concerned to reach agreement to suspend experiments with such weapons. The Conference declared that universal disarmament is an absolute necessity for the preservation of peace and requested the United Nations to continue its efforts and appealed to all concerned speedily to bring about the regulation, limitation, control and reduction of all armed forces and armaments, including the prohibition of the production, experimentation and use of all weapons of mass destruction, and to establish effective international control to this end. 12 G. Declaration on the Promotion of World Peace and Cooperation The Asian-African Conference gave anxious thought to the question of world peace and cooperation. It viewed with deep concern the present state of international tension with its danger of an atomic world war. The problem of peace is correlative with the problem of international security. In this connection, all States should cooperate, especially through the United Nations, in bringing about the reduction of armaments and the elimination of nuclear weapons under effective international control. In this way, international peace can be promoted and nuclear energy may be used exclusively for peaceful purposes. This would help answer the needs particularly of Asia and Africa, for what they urgently require are social progress and better standards of life in larger freedom. Freedom and peace are interdependent. The right of self-determination must be enjoyed by all peoples, and freedom and independence must be granted, with the least possible delay, to those who are still dependent peoples. Indeed, all nations should have the right freely to choose their own political and economic systems and their own way of life, in conformity with the purposes and principles of the Charter of the United Nations. Free from mistrust and fear, and with confidence and goodwill towards each other, nations should practice tolerance and live together in peace with one another as good neighbours and develop friendly cooperation on the basis of the following principles: [This is the declaration of the 10 Founding Principles of the Non Aligned Movement (NAM), established 6 years after this Bandung Conference, which is often quoted:] 1. Respect for fundamental human rights and for the purposes and principles of the Charter of the United Nations. 2. Respect for the sovereignty and territorial integrity of all nations. 3. Recognition of the equality of all races and of the equality of all nations large and small. 4. Abstention from intervention or interference in the internal affairs of another country. 5. Respect for the right of each nation to defend itself singly or collectively, in conformity with the Charter of the United Nations. 13 6. (a) Abstention from the use of arrangements of collective defence to serve the particular interests of any of the big powers. (b) Abstention by any country from exerting pressures on other countries. [Note that this Section G, Point 6 (“G-6”) opposes “collective” multilateral treaty organizations which “serve the… interests of… big powers” by “exerting pressures” on other States. In the context of military “defence”, this is a reference to NATO. This is another description of the new form of colonialism, as propaganda driven policies imposed by dominant countries by political pressure through multilateral treaty organizations such as NATO.] 7. Refraining from acts or threats of aggression or the use of force against the territorial integrity or political independence of any country. 8. Settlement of all international disputes by peaceful means, such as negotiation, conciliation, arbitration or judicial settlement as well as other peaceful means of the parties’ own choice, in conformity with the Charter of the United Nations. 9. Promotion of mutual interests and cooperation. 10. Respect for Justice and international obligations. The Asian and African Conference declares its conviction that friendly cooperation in accordance with these principles would effectively contribute to the maintenance and promotion of international peace and security, while cooperation in the economic, social and cultural fields would help bring about the common prosperity and well-being of all. The Asian-African Conference recommended that the Five Sponsoring Countries consider the convening of the next meeting of the Conference, in consultation with the participating countries. Bandung, 24 April, 1955.