Tomas Adell, Queen’s University Belfast, Normative Power EU - The Case of Sweden

Abstract This paper examines the effect international organisations have on the meaning of the core constitutional norm of human rights in member states. Using contemporary foreign policy documents and speeches from the UK and Sweden compared with previous academic research it is intended to show that membership, or the hope of obtaining membership, strengthens the normative influence transnational organisations have on states. The paper starts with an examination of the current academic debate on norms in International Relations which argues that they entail a dual quality as both constructed and constructing and continues with a presentation of research assumptions regarding norm convergence. Then a brief comparison of Swedish and British foreign policy documents and speeches is conducted to show how the Swedish understanding of the meaning of the human rights norm changed with the prospect of becoming an EU member. This paper provides a starting point for an empirical study into norm contestation within the EU focused on the core constitutional norms of human rights, democracy and the rule of law. The objective is to examine norm convergence or divergence when norms are transferred from the state setting to the beyond- the-state setting of the EU. Introduction With the increasing importance of transnational organisations in the field of international relations and the expansion of organisations such as the European Union (EU), both in terms of territorial size and political power, questions are being raised as to how these organisations, which are based on constitutional norms, influence the understanding of core constitutional norms? This paper examines the reality of this by examining how the Swedish understanding of the norm of human rights changed dramatically at the prospect of EC/EU membership in the late 1980s and early 1990s. The paper is divided into four sections, the first of which examines the current understanding of norms in international relations. It is argued that the traditional understanding of norms as stable social facts is not advantageous and a ‘new’ approach based on the dual quality, both as constructed and structuring, of norms is needed. The second section briefly examines the notion of normative power which is followed by the third where the case of Sweden is examined. This examination starts with a brief history of the understanding of human rights in Swedish foreign policy and continues with a comparison of contemporary foreign policy documents between Sweden and the United Kingdom (UK). The final section provides a brief conclusion and indicates paths for further research.

Norms and Their Dual Quality In international relations norms have traditionally been identified in a descriptive sense to explain the actions of actors with a given identity.1 Katzenstein claims that

in some situations norms operate like rules that define the identity of an act- or... In other situations norms operate as standards that specify the proper enactment of an already defined identity. … Norms thus either define (or constitute) identities or prescribe (or regulate) behaviour, or they do both.2

Scholars with this approach focus their study on the measurements of the outcome of norm prescriptions. Thus ‘norms are considered as stable social facts and applied as structural variables.’3 Finnemore and Sikkink have developed a proposition of a norm ‘life cycle’ where the norm can be seen to have three stages; norm emergence, norm cascade and internalisation.4 Consistent with their argument is that of Florini who likens norm development with Darwinian evolution. Norms are like genes contested and the bad is rooted out from the good and disposed of.5 However, this is a ‘twisted interpretation’ as it creates a ‘tautological argument as to the reason for the dominance of a particular norm meaning.’6 It

1 Katzenstein, P. J., ‘Introduction: Alternative Perspectives on National Security’, Katzenstein, P. J., The Culture of National Security: Norms and Identities in World Politics, New York: Columbia University Press, 1996; Kowert, P., Legro, J., ‘Norms, Identity, and Their Limits: A Theoretical Reprise’, Katzenstein, P. J., The Culture of National Security: Norms and Identities in World Politics, New York: Columbia University Press, 1996, p. 452; Onuf, N., ‘Institutions, Intentions and International Relations’, Review of International Studies, Vol. 28, 2002, p. 224. 2 Katzenstein, op. cit., p. 5. 3 Wiener, A., ‘Evolving Norms of Constitutionalism: A Reflexive Approach’, Altneuland: The Constitution of Europe in An American Perspective 28-30 April 2004, p. 12. 4 Finnemore, M., Sikkink, K., ‘International Norm Dynamics and Political Change’, International Organisa- tion, Vol. 52, No. 4, 1998, pp. 894-5. 5 Florini, A., ‘The Evolution of International Norms’, International Studies Quarterly, Vol. 40, No. 3, 1996, p. 364. 6 Clarke, M., ‘Making Meaning Accountable’: The Darfur Crisis, Paper presented at PSA Annual Conference, Swansea, 1-3 April 2008, p. 2. assumes that the meaning of the norm introduced by one is the same as that of the norm that has been internalised by another. Within this paper it is therefore assumed that norms are in fact not stable facts but flexible and changeable over time. This demands a reflexive approach in which norms have a ‘dual quality’ and are both structured and structuring. A reflexive approach distinguishes between experiences and expectations as interventions on the normative structure of meaning-in-uses that develop in relation with core constitutional norms, rather than deriving behaviour from these types of norms.7

This is built on Giddens’ argument that ‘[a]ll social rules have both constitutive and regulative (sanctioning) aspects to them’8 and that ‘the duality of structure, rules and resources are drawn upon by actors in the production of interaction, but are thereby also reconstituted through such interactions.’9 This leads to a ‘dual quality’10 of norms for the study of their meaning; a dual quality which contains both an element of stability and one of flexibility. (See table 1.) Table 1

If norms are socially constructed they are changeable and are thus dependant on the place they have in history, the cultural meaning and the social aspect of norm usage; ‘[i]f the practice changes so will the meaning of the norm.’11 This leads to a fluctuation of the norms over time, they will have stable stages but ‘they [will] always remain flexible over time.’12 This is evident in the system itself where politics has constructed the international system through social interaction but that the international system in itself structures politics.13 This hence leads to flexibility in the understanding of norms.

7 Wiener, op. cit., p. 17. 8 Giddens, A., Central Problems in Social Theory, Basingstoke: The Macmillan Press Ltd., 1979, p. 66. 9 Ibid., p. 71. 10 Wiener, A., The Invisible Constitution – Making Normative Meaning Accountable, forthcoming, p. 45. 11 Wiener, A., ‘Conflictive Meanings: Constitutional Norms in Three Political Arenas’, Liebert, U., Maurer, A., (eds.) Postnational Constitutionalisation in the Enlarged Europe, forthcoming, p. 2. 12 Wiener, A., ‘Dual Quality of Norms’, Paper for presentation at the panel ‘Constructivism beyond the middle ground’ at 47th International Studies Association Convention, San Diego, 22-25 March 2006, p. 5. 13 Reus-Smit, C., ‘The Politics of International Law’, Reus-Smit, C., The Politics of International Law, Cam- bridge: Cambridge University Press, 2004, p. 36. EU’s Normative Power The European Community (EC) was established as an international organisation which was based on inter-national treaties.14 It was inter-national and limited to the field of international economic policy. Foreign policy issues were not discussed and were kept in the distinctly separate organisation EPC. During the maturing of the organisation the levels of unofficial cooperation increased and the intergovernmental mentality gradually transformed towards a sense of trans-nationality which resulted in the Maastricht Treaty on the European Union. Its second pillar established provisions for a Common Foreign and Security Policy (CFSP) which led the organisation into a new direction.15 It was a milestone that brought it ‘beyond the limits of intergovernmental cooperation’.16 This developed the European Union into an entity situated beyond the realms of the traditional Westphalian state and hence became a beyond- the-state organisation.17

Parallel to the institutional development was the advancement of the importance of core constitutional norms. As early as 1973 the member states agreed that the principles of democracy, rule of law, social justice and human rights should be at the core of the organisation.18 When the EU developed and created the CFSP these norms continued to play an important role. Article one states that the foreign policy objectives are ‘to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.’ 19 The EU has through this made its external relations dependent or at least informed by these norms.20

With the lack of a military force the EU has moved away from the traditional military power and aims to influence others through ideological means. By placing these norms at the core of its external relations they have ensured that the foreign policy work should not be driven by own, national, interest but rather by moral and ethical objectives.21 As an ‘ideological power is the power of ideas’22 the EU has mover away from the traditional and become a normative power.23

Even though there are those who argue against EU’s normative power most would agree that when it comes to aspiring, and new, members the likelihood of changes to ‘conform’ to the organisation’s ideals are high. This is very much evident in the case of Sweden. Sweden has traditionally been outside all international organisations apart from the United Nations as it was seen as not complimentary to their constitutional neutrality. In the late 1980s and early 1990s the forces for a membership in the EC grew stronger until a referendum in 1994 where the Swedish population voted to join the EU. Questions can then be raised if Sweden was influenced by the values shared in the organisation it joined? The next section briefly

14 Smith, M., ‘The EU as an International Actor’, Richardson, J., (eds.) European Union: Power and Policy Making, New York: Routledge, 2006, p. 292. 15 Ibid., pp. 292-4 16 Ibid., p. 294. 17 Manners, I., ‘Normative Power Europe: A Contradiction in Terms?’, Journal of Common Market Studies, Vol. 40, No. 2, 2002, p. 240. 18 Ibid, p. 241. 19 ‘Consolidated Version of the Treaty on European Union; Title V, Article 11’, Official Journal of the European Communities, 24/12/2002, p. 325/13. 20 Manners discusses six ways in which the EU is normative; contagion, informational, procedural, transference, overt diffusion and cultural filter. The common denominator is the inclusion of the core constitutional norms in the CFSP. Manners, I., op. cit., pp. 241-5. 21 Sjursen, ’The EU as a Normative Power: How can this be?’ Journal of European Public Policy, Vol. 13, No. 2, p. 239. 22 Galtung, J., The European Community: A Superpower in the Making, London: Allen and Unwin, 1973, p. 33. 23 Manners, op. cit., p. 238. examines the history of the understanding of human rights in Swedish foreign policy and then compares contemporary foreign policy documents and speeches with similar documents and speeches from the Foreign and Commonwealth Office in the UK to show how the understanding has changed.

The Case of Sweden After the Second World War the neutral Sweden was in a position where it rapidly expanded its export to take advantage of the intact infrastructure that was lacking in most European countries. The foreign policy focus was on how to get exports and capitalise during the favourable conditions. However, during the 1950s Swedish foreign policy shifted towards a more moral standpoint and from the 1960s to the end of the 1980s Sweden has been presented as a ‘moral superpower’24 which stood as a contrast to the more traditional military superpowers. Sweden took a stance against what it saw as militaristic imperialism and experienced a morally driven foreign policy25 driven by a social-democratic rhetoric and based on four principles. Firstly is that the relationship between states should be regulated in accordance with international law. Secondly the people in poor countries should be given the same social, economical and political rights as the population of the rich states. Thirdly is people’s right to self-determination and fourthly that Sweden should at all cost keep its sovereignty.26 The ideological base of these principles is the United Nations’ Universal Declaration on Human Rights and that everyone has the same right to them. However, what guided Swedish foreign policy in reality was the right to state self-determination and everyone’s equal access to it. On the one hand Sweden took a strong stance against apartheid in South Africa on the base that it discriminated against the population’s right to self- determination but did on the other hand recognise North Vietnam as the people should have the right to choose what political system they wish. Sweden hence saw the most basic human right to be the collective right to choose political system and the subsequent sovereignty of the state above such things as personal freedoms and democracy.27

In the late 1980s and the early 1990s three events changed Swedish foreign policy. The first was in 1986 when Prime Minister Palme was shot dead and a new, less ideologically minded, Prime Minister took over. The second was the end of the Cold War and the third was the change of government to a right of the middle coalition in 1991. The foreign policy agenda became less focused on the southern hemisphere and the European perspective gained importance. The end of the Cold War also enabled politics not to be constantly focused on a balancing act between East and West. 28

The previous focus the importance of sovereignty as the moral starting point was shifting towards a more individualistic view of human rights and a value sharing with the rest of Europe.29 The foreign minister is summarising the new angle of Swedish foreign policy when she says that ‘the support for freedom, democracy and market economy will permeate all parts of our foreign policy and characterise our aid to the developing countries.’30 It was thought by

24 ‘Moralisk stormakt’ (own translation) Brommesson, D., Från Hanoi Till Bryssel – Moralsyn i Deklarerad Svensk Utrikespolitik 1969-1996, Stockholm: Santérus Förlag, 2007, p. 13. 25 Ibid. 26 Ekengren, A-M., Olof Palme och Utrikespolitiken – Europa och Tredje Världen, Umeå: Boreá, 2005, pp. 37, 46. 27 Ibid., pp. 41-3. 28 Brommesson, op. cit., pp. 13, 158-60. 29 Ibid., pp. 177-8. 30 ’stödet för frihet, demokrati och marknadsekonomi kommer att genomsyra alla delar av vår utrikespolitik och prägla vårt bistånd till utvecklingsländerna.’ Margaretha af Uggla’s comments in parliament on the 17th of many that this was a temporary time in Swedish foreign policy and that it would revert back towards ‘the third ways foreign policy’ when the Social Democrats regained power in 1994. However, the systemic shift towards a foreign policy diffused by Western European norms guided by democracy and a Western view of human rights as individual was confirmed when they continued in line with the previous government.31

Comparison with the UK This shift in the understanding of human rights in Swedish foreign policy towards more Western values is evident when comparing contemporary official foreign policy documents and speeches32 between Sweden and the UK.33

Official Swedish foreign policy documents are permeated with the notions of human rights. The values of human rights and international law are seen as notions that should be obvious to the world34 and the common value system that exists in international relations is perceived to be the only possible base for a small country like Sweden.35 These values and norms on which foreign policy is conducted is the value base offered by the UN.36

Sweden argues that human rights are individual and regulates the behaviour of the state in the state-individual relationship.37 Previous policies have focused on the state as the main beneficiary of human rights. However, current policies have rectified this ‘imbalance’ and placed individual freedoms over sovereignty.38 Anna Lindh, former Foreign Minister, wrote in 2001 that In a similar way that we previously took a stand for the small states’ rights against the superpowers’ interests we must today strengthen the individual people’s rights, against abuse from warlords and criminals, but also – often – against states and global companies interests.39

The key principle in contemporary Swedish foreign policy is jämlikhetsprincipen and jämställdhet, equality. The result is the principle of non-discrimination. It is of highest

October 1991. Utrikesfrågor, 1991, p. 84. 31 Brommesson, op. cit., pp. 161-7. 32 Official documents and speeches are those that appear in governmental publications or on their websites. All documents and speeches with relevance to democracy, rule of law and human rights have produced between 2001 and 2007 have been examined. 33 Even though the importance of human rights has changed in British foreign policy since the Second World War the underlying understanding has been much of the same. For more information please see: Simmons, K. R., ‘The United Kingdom and the European Convention on Human Rights’, International and Comparative Law Quarterly, Vol. 15, 1966, Morphet, S., ‘Economic, Social and Cultural Rights: The Development of Gov- ernments’, in Bedard, R., Hill, D., (eds.) Economic, Social and Cultural Rights: Progress and Achievement, London: Macmillan, 1992, Human Rights in Foreign Policy, Foreign Policy Document 215, HRU, Foreign and Commonwealth Office, 1991, Human Rights in Foreign Policy, Foreign Policy Document 268, HRU, For- eign and Commonwealth Office, 1996. 34 Utrikesdepartimentet, Utrikesdeklarationen 2004, 11/02/2004, p. 2. 35 Folkrätt och Mänskliga Rättigheter, http://www.manskligarattigheter.gov.se [downloaded 08/10/2007]. 36 Regeringen, Regeringens Skrivelse – Sveriges Politik för en Global Utveckling, (2004/5:161), p. 4. 37 Vad är Mänskliga Rättigheter, http://www.manskligarattigheter.gov.se, [downloaded 08/10/2007], Utrikesdepartimentet Mänskliga Rättigheter, Stockholm: Elanders Gotab, 2005, p. 3. 38 Regeringen, Regeringens Skrivelse – Mänskliga Rättigheter i Svensk Utrikespolitik, (2003/04:20), p. 11. 39 ’På liknande sätt som vi tidigare värnat de små ländernas rätt gentemot stormaksinterssena måste vi idag stärka de enskilda människornas rätt, mot övergrepp från krigsherrar och kriminella, men också – ofta – mot staters och globala företags intressen.’ (own translation) Lindh, A., ’Alla människor äro födda fria och lika i värde och rättigheter’, Svenska Dagbladet, 30/06/2001, p. 1. importance for the functionality of human rights as ‘discrimination is often the reason for marginalization and poverty and therefore creates an obstacle to reach the target for a just and sustainable development’.40 The human rights norm rests on the notion that all are equal and everyone has the right to all the rights. Cultural, regional or religious traditions cannot surpass the importance of jämlikhetsprincipen, the absolute right of everyone is the key for a functional human rights.41 The base for jämlikhetsprincipen is hence the notion of non- discrimination.

Human rights also play a significant part of British foreign policy strategy and are the key for people to ‘realise their full potential as human beings.’42 The denial of human rights in a contemporary world is seen as a ‘tragedy’ and must be prevented.43 Human rights, as evident from official foreign policy speeches and documents, are an integral part of British foreign policy and are based on the values and interests that are shared between the British people and humankind.44 The UN is viewed as the ‘cornerstone of the international system’45 and is the most important international organ.46 It is the most effective system that has ever existed and it must be supported so it remains in that place.47 Other international organisation, such as the EU and OECD are also seen as important for the international human rights work.48

Human rights are also seen as individual and hence belonging to the person rather than the group.49 The only exception is the right to self-determination (but only in addition to the other rights). In addition to this it is noted that human rights can be enjoyed as part of a group and they do indeed include the right to form groups.50 It is also the position noted in British foreign policy documents that it is the responsibility of the state to ensure that its citizen can enjoy the rights to the fullest.51

40 ’diskriminering är ofta orsak till marginalisering och fattigdom och utgör därmed hinder för att nå målet om en rättvis och hållbar utveckling’ (own translation) Regeringen, Regeringens Skrivelse – Svensk Politik för Global Utveckling, (2005/06:204), p. 4. 41 Regeringen, Regeringens Proposition – Gemensamt Ansvar: Sveriges Politik för global Utveckling, (Prop. 2002/03:122), p. 23. 42 Human Rights, the Environment and Sustainable Development, http://collections.europarchive.org/tna/20080205132101/www.fco.gov.uk/servlet/Front/Print %3fpagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1099137393799&print=true [downloaded 04/02/2008]. 43 Pearson, I., Speech by, Human Rights, Security and Development, 21/07/2005, www, [downloaded 04/02/2008]. 44 The Place of Human Rights in UK Foreign Policy, http://collections.europarchive.org/tna/20080205132101/www.fco.gov.uk/servlet/Front/Print %3fpagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1028302591722&print=true [downloaded 04/02/2008]. 45 FCO, Active Diplomacy for a Changing World, (Cm 6762) 2006, p. 22. 46 Rammell, B., Speech by, Britain’s Position in the United Nations, 28/10/2004, The United Kingdom in the United Nations, (Cm 6892) 2006. 47 Straw, J., Speech by, UN Should Remain ‘An Effective Global Forum’, 25/09/2003. 48 FCO, Human Rights Annual Report 2007, (Cm 7340) 2008, p. 45, Economic, Social and Cultural Rights versus Civil and Political Rights, http://collections.europarchive.org/tna/20080205132101/http://www.fco.gov.uk/servlet/Front? pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1028302591742, [downloaded 04/02/2008], pp. 8-9. 49 Economic, Social and Cultural Rights versus Civil and Political Rights, op. cit. 50 UK Interpretative Statement on Declaration of the Rights of Indigenous Peoples, http://collections.euro- parchive.org/tna/20080205132101/http://www.fco.gov.uk/servlet/Front? pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1171449140940, [downloaded 04/02/2008]. 51 Department of International Development, Governance, Development and Democratic Politics, London: DFID, 2007, p. 31, Economic, Social and Cultural Rights versus Civil and Political Rights, op. cit. The UK has highlighted three areas of human rights in its foreign policy as especially important and that requires extra focus in the fight for universal enjoyments of the rights. They are equality, democracy and the rule of law.52 Equality is ranked very highly as discrimination on any ground contradict the very fundamentals that all are free and equal.53

The British government sees gender inequality as one of the key causes for injustice and as a real barrier to leave poverty. These issues are at the root of many social problems and a higher enjoyment levels among women can start to overcome them.54 Equality between the sexes is also seen as a key to provide full and working democracy. If women, or men, are barred from either choosing representatives or to stand for office true democracy cannot be achieved.55 Human trafficking is also seen as a major human rights issue which mostly is a problem for women and children. It has been described as a modern form of slavery and is as far away from human rights as possible. The Foreign and Commonwealth Office has made women’s rights a big part of its work. It is mainstreamed throughout government policies and it is supported through the Global Opportunities Fund.56

Democracy is the second of the three key human rights themes the UK government has recognised. Democracy is seen as a human right and human rights are therefore only possible to achieve and to maintain if democracy is present57 and it can help in the development of a country.58 It is recognised that democracy can take many different forms59 and that it is vital to find the right kind of democracy for the cultural and social setting that exist in any state.60 The British government’s third human rights theme is the rule of law. It controls the relationship between institutions and the state and between the state and its citizens. Through a system that incorporates the rule of law it is possible to hold the state responsible for human rights abuses.61 The FCO writes in Strategic Priority 7 that

good governance is as much a process as a goal. ... The rule of law is an es- sential element that underpins good governance, as well as human rights and democracy.62

There are hence many similarities of the contemporary understanding of human rights between Sweden and the UK when official foreign policy documents and speeches are compared. Both states put human rights high up on the agenda and argues that they are universal and individual. They are seen as the cornerstone of the foreign policy work and its 52 FCO, Human Rights Annual Report 2007, (Cm 7340) 2008, p. 3. 53 FCO, Human Rights Annual Report 2007, (Cm 7340) 2008, p. 88. 54 Department of International Development, Governance, Development and Democratic Politics, London: DFID, 2007, p. 32. 55 Rammell, B., Speech by, British Foreign Policy in the Middle East, 09/07/2003. 56 FCO, Human Rights Annual Report 2007, (Cm 7340) 2008, pp. 92-8. 57 FCO, Human Rights Annual Report 2007, (Cm 7340) 2008, pp. 1, 88. 58 Department of International Development, Governance, Development and Democratic Politics, London: DFID, 2007, p. 19. 59 Democracy and Good Governance, http://collections.europarchive.org/tna/20080205132101/http://www.fco.gov.uk/servlet/Front? pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1070037618836, [downloaded 04/02/2008]. 60 Rammell, B., Speech by, British Foreign Policy in the Middle East, 09/07/2003, www, [downloaded 04/02/2008]. 61 Strategic Priority 7 – The Role of Human Rights, Democracy, and Good Governance in Promoting Sustain- able Development and Reducing Poverty, pp, 1, 2. 62 Ibid, p. 13. enhancement through international organisations and active external relations is important. Equality is understood to be one of the prioritised areas and non-discrimination is key to realise the full potential of human rights. Even though there are some differences as the UK, contradictory to Sweden, includes the concepts of democracy and rule of law under the umbrella norm of human rights a clear shift in the Swedish understanding towards the EU can be noted. Sweden has hence moved from a collective rights perspective where equality is not important towards a value sharing where human rights are individual and equality is key as found in the EU. Whether this is because of EU’s normative power or not is impossible to tell, but the notion of influence from the EU is hard to ignore.

Conclusion This paper has argued that the Swedish understanding of the core constitutional norm of human rights has changed dramatically since the late 1980s. This change can be due to a number of reasons, a change of governments, the assassination of the Prime Minister or the end of the Cold War. However, the change has undoubtedly been towards the more accepted notion found among the member states of the EU. As Sweden joined the EU in 1995 it is not unlikely that the Swedish understanding was affected by the want to conform. Swedish interaction with the rest of the member states also increased which, in line with the reflexive approach to norms, will have affected the policy makers. Future research is required to examine to which extent the influence of transnational organisations have on the understandings of norms in states which are not aspiring to become members. Other future research objectives are to examine if further integration is influence by the normative power EU possesses. As norm contestation is enhanced where members with different socio cultural backgrounds meet it can be expected that norm understanding among permanent representatives change and are moulded towards a shared understanding. By doing this it will be possible to gain new understandings on how norm contestation influences norm meaning which will provide policy prescriptions and enhance the theoretical knowledge in the constructivist methodology. Bibliography Brommesson, D., Från Hanoi Till Bryssel – Moralsyn i Deklarerad Svensk Utrikespolitik 1969-1996, Stockholm: Santérus Förlag, 2007. Clarke, M., ‘Making Meaning Accountable’: The Darfur Crisis, Paper presented at PSA Annual Conference, Swansea, 1-3 April 2008.

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