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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)


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Introductory Notes by the Independent Judiciary

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of the modern framework of “conventional international law”, which contains
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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.]



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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.

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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.
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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.

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[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.

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[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.

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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.



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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.



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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.

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[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.



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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.


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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.