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Jimmy Carter, Cambodia, and the United Nations: Human Rights in a Cold War Climate Debbie Sharnak University of Wisconsin-Madison April 2010 GWU-LSE-UCSB International Graduate Student Conference on the Cold War Debbie Sharnak On April 21, 1978, President Jimmy Carter denounced the Khmer Rouge government in Cambodia1 as the ―worst violator of human rights in the world.‖2 Among growing international protest against the Khmer Rouge by the Canadian House of Commons, the Norwegians, Amnesty International, and the United Nations Human Rights Commission, Carter went on record to condemn the ―mass killings, inhuman treatment of the supporters of the previous government, the forced deportation of urban dwellers, and the total suppression of recognized political and religious freedoms, as well as deprivation of food and health care for the general population.‖3 These accusations were not unfounded; the Khmer Rouge had risen to power in Cambodia in 1975 promising to restore stability and peace by creating a ―pure Khmer race‖ based on an egalitarian, agrarian society.4 Despite such rhetoric, their aims rested on the enforcement of repressive policies in which the Khmer Rouge outlawed families, medicine, school, books, learning, and holidays. The Khmer Rouge murdered anyone who disobeyed these regulations and anyone they perceived as a threat. These paranoid and brutal tactics, combined with harsh working conditions in the ‗killing fields,‘ caused the death of 1.7 million citizens, approximately one-third of the entire population of the country.5 Just months after Carter‘s condemnation, Vietnam invaded Cambodia and ousted the Khmer Rouge in response to both the cross-border attacks from the Khmer Rouge army and the 1 The Khmer Rouge renamed Cambodia the ―Democratic Kampuchea‖ when they took power to demonstrate both their contempt for the colonial past and its intent to rule in the interests of the country‘s peasant majority. For the purposes of this paper and consistency‘s sake, I will refer to the country as Cambodia throughout. 2 Jimmy Carter, ―Human Rights Violations in Cambodia Statement by the President,‖ The American Presidency Project, April 21, 1978, (accessed at http://www.presidency.ucsb.edu/ws/index.php?pid=30693 on 6 December 2009). 3 Ibid. 4 Described by Mey Mak, deputy governor of Pailin province and onetime private secretary to Pol Pot, at a public forum on reconciliation held in Pailin in February 2006 as cited in Peter Bartu and Neil Wilford, DDR and Transitional Justice: The Case of Cambodia (New York: International Center for Transitional Justice, June 2009), 5. 5 Despite debates about the exact number of those killed during the Khmer Rouge rule, 1.7 is the generally accepted number among scholars today. This number computes to one-third of the entire population of Cambodia—which would make Pol Pot‘s genocide the highest percentage of a population killed in any genocide of the violent twentieth century. See Roland Paris, At War's End: Building Peace After Civil Conflict (New York: Cambridge University Press, 2004), 80. 1 Debbie Sharnak slaughter of Vietnamese nationals within Cambodian borders. The Vietnamese established a new government under the rule of Heng Samrin. The Khmer Rouge, however, continued to operate a guerrilla campaign to regain control from the jungles of the Thai-Cambodian border. In the international arena, they claimed that the Vietnamese-installed government was illegitimate and defended Pol Pot and Ieng Sary as the rightful representatives of the country. In addition to this public declaration, they also brought the appeal to the United Nations Credentials Committee—a body tasked with reviewing applications to determine who could represent Members States in the General Assembly.6 The Khmer Rouge hoped that forcing a vote on the issue would confer legitimacy to their regime, drive the Vietnamese back within their own borders, and allow the Khmer Rouge to represent Cambodia both internationally, and most specifically, at the UN. The Carter Administration confronted the difficult choice of whether to vote to seat the Khmer Rouge‘s genocidal regime; support Samrin‘s communist, Vietnamese-installed government; or, to abstain from voting altogether. After weighing geopolitical concerns about human rights costs against national interests in a Cold War context, Carter‘s representative to the Credentials Committee, Robert Rosenstock, cast the vote in favor of seating the Khmer Rouge. As he rose from the table, ―someone grabbed his hand to congratulate him. Rosenstock looked up to find to his horror that he was shaking hands with Pol Pot‘s foreign minister, Ieng Sary. ‗I felt like washing my hands,‘ ‖ Rosenstock reported.7 Rosenstock‘s response to this event, a mixture of disgust and resignation, encapsulates the contradiction of what this vote ultimately 6 The Credentials Committee‘s mandate is to examine each representative‘s credentials and to report on their validity to the General Assembly. This Credentials Committee report makes recommendations to the General Assembly on whether to accept each representative‘s credentials. The accreditation of a representative is complete when the General Assembly accepts to Credentials Committee‘s recommendations. See Rules and Procedure of the General Assembly, Rules 25-29, U.N. Doc. A/520/Rev.15 (1985). 7 Gareth Porter, ―Breaking Away From Pol Pot.,‖ Nation 231, no. 7 (1980): 206-210. 2 Debbie Sharnak signified. In the act of seating the Khmer Rouge at the United Nations, Jimmy Carter, the supposed human rights president, aligned himself with an ousted genocidal regime. This paper uses declassified documents from a recent trip to the United Nations archives to explore the gap between the rhetoric Carter employed when he came into office—in which he asserted that human rights must be ―absolute‖—and the latter part of his presidency in which this vote occurred.8 At first glance, supporting the Khmer Rouge appears to be a fundamental repudiation of Carter‘s human rights policy. Yet, a more in depth study of this vote from an international history perspective reveals the nuance of Cold War policy and the difficulty of employing human rights within a national security framework. Scholarship that grapples with Carter‘s foreign policy towards Cambodia has attempted to explain this decision from a U.S.centric standpoint, which explores battles within the Carter Administration, namely between Secretary of State Cyrus Vance and National Security Advisor Zbigniew Brzezinski. At best, such work acknowledges Congressional actors‘ influence on the Administration.9 This paper reexamines this event by employing an international history framework, considering both the national and international factors that influenced Carter‘s decision. It understands that Carter‘s use of human rights and morally-infused rhetoric proved effective at distancing himself during the presidential campaign from both the national disillusionment produced from American engagement in Vietnam and the secrecy of the Nixon-Ford administrations—especially the 8 Jimmy Carter, ―Inaugural Address,‖ The American Presidency Project (20 January 1977). The most comprehensive account was written by Sheldon Neuringer, The Carter Administration, Human Rights, and the Agony of Cambodia (Lewiston: Edwin Mellen Press, 1993) but examines the issue solely from a U.S. centric perspective and lacked access to many of the documents now available. Other books look at the issue of human rights in Cambodia in small sections; for example, Michael Haas, Cambodia, Pol Pot, and the United States: The Faustian Pact (Santa Barbara: Praeger Publishers, 1991) and finally the most recent book by Christopher Brady entitled, United States Foreign Policy towards Cambodia, 1977-1992 (New York: St. Martin‘s Press, 1999). Both make a brief mention to this specific event in the larger context of their argument but fall short on sustained engagement with the topic. Even the most recent and comprehensive article by Kenton Clymer that touches upon U.S.-Cambodian relations fails to place these issues in the context of the human rights movements or examine the ideological influences that these movements had on the executive branch and public opinion. Kenton Clymer, ―Jimmy Carter, Human Rights, and Cambodia.,‖ Diplomatic History 27, no. 2 (April 2003): 245-278. 9 3 Debbie Sharnak Watergate scandal. However, once in office, this moral positioning created high expectations, which proved difficult to fulfill in the challenging environment of foreign policy formation where ideals, interests, and power often conflict. Carter‘s foreign policy choices grew more complicated under the strain of deteriorating U.S.-Soviet relations and a recession that crippled the domestic economy. These conditions, combined with the failure to live up to Carter‘s own moral rhetoric, contributed to high levels of disapproval among American citizens. Leaders facing challenging circumstances tend to revert back to positions of perceived strength and defend the status quo, rather than confront existing structures to employ innovative and progressive foreign policy.10 Carter, in voting at the UN on the question of Cambodia, exemplifies this tendency. His concern for human rights did not become embedded in diplomatic relations but expressed itself in a traditional approach through aid to Cambodian refugees. Seeking to take advantage of the Sino-Soviet split and assuage nonaligned nations fears, Carter hid behind legal assertions on the functioning and jurisdiction of the Credentials Committee. Ultimately, this paper posits a theory that progressive change requires a challenge to the status quo, which Carter came into office promising to do, but ultimately failed to achieve. To understand this shift, Carter‘s rise to the White House must be situated in the context of the late 1970s. The 1976 presidential election pitted the incumbent Gerald Ford against the former Governor of Georgia, Jimmy Carter. Following the turmoil of both Watergate and the U.S. defeat in Vietnam, the American public felt a deep sense of distrust and disillusionment for national politics. While Ford embodied these misgivings by rising to power as a result of the 10 Jeremi Suri, Power and Protest: Global Revolution and the Rise of Détente (Cambridge: Harvard University Press, 2003), 262. While Suri employs this framework in the context of the1960s, the failure of charismatic leadership which entrenches political norms can also be applied to Carter and the Cold War in the context of the late 1970s. 4 Debbie Sharnak Nixon‘s resignation, Carter arrived in Washington as an outsider who positioned himself as untainted by the previous administrations. Ford attempted to frame Carter‘s interloper status as an example of inexperience; however, Carter successfully presented his distance from Watergate and Vietnam as an asset. He emphasized his moral Christian background as the key impetus motivating his belief in the importance of imbuing foreign policy with a sense of integrity. As Carter stated in one campaign speech, ―We‘ve lost the spirit of the nation…we‘ve seen a loss of morality…and we‘re ashamed of what our government is as we deal with other nations around the world. That‘s got to be changed and I‘m going to change it.‖11 True to his campaign rhetoric, once in office, Carter tried to implement a foreign policy that incorporated a human rights component. First, he enhanced the power and prestige of the Bureau of Human Rights and Humanitarian Affairs which Congress created just months before Carter‘s election in 1976.12 In addition, he cut aid to Uruguay and Ethiopia as a result of their poor human rights records, despite protests from both foreign governments and domestic business groups that possessed economic interests in the region. In addition, the administration gradually cut military assistance to Argentina, culminating with Carter‘s elimination of all aid on September 30, 1978, in response to the Argentinean government‘s harsh rule that ‗disappeared‘ as many as 10,000 citizens.13 While Carter enacted other similar measures during his presidency, 11 The Presidential Campaign 1976 volume 1 part 1 (Washington DC: United States Government Printing Office, 1978), 432. 12 Victor S. Kaufman, ―The Bureau of Human Rights during the Carter Administration,‖ Historian 61, no. 1 (1998): 51-66. In this article, Kaufman points to the initial enhancements of the Bureau when Carter took offices but also highlights the institutional difficulties that eventually rendered the Bureau ineffective by 1980. That being said, the initial improvements point to Carter‘s desire to take a multitude of measures towards fulfilling his initial human rights commitment, even as they fell apart by the latter part of his term. 13 Amnesty International, Report of an Amnesty International Mission to Argentina (London: Amnesty International 1977) and Congressional Research Service, Foreign Affairs and National Defense Divisions, Human Rights and US Foreign Assistance: Experiences and Issues in Policy Implementation (1977-1978), report prepared for the U.S. Senate Committee on Foreign Relations, November 1979, 106. 5 Debbie Sharnak these examples illustrate that Carter pursued, at least minimally, human rights as a part of his foreign policy agenda. Even these measures, however, demonstrate the Carter Administration‘s shift from an absolutist articulation of human rights that Carter declared in his inaugural speech. Soon after taking office, Vance, the greatest supporter of human rights within the Administration, attempted to explain a more nuanced policy and commitment to pursuing human rights policies within a case-by-case analysis. Indeed, Vance argued that ―a sure formula for defeat of our goals would be a rigid, hubristic attempt to impose our values on others.‖14 Therefore, when articulating the State Department‘s five goals and priorities in a foreign policy agenda, point three stated that ―without unrealistically inserting itself into the internal operations of other governments, the United States should give important weight to human rights considerations in selecting foreign policy positions while continuing in international forums its unwavering stand in favor of the rights of free people.‖15 Even with this mediated articulation of the most effective implementation of a human rights policy, Vance maintained his position as a forceful supporter of human rights within the context of the Administration‘s foreign policy considerations. Vance‘s views, however, often stood in contrast to Brzezinski‘s more prominent voice which ascribed to the belief that human rights were important only as a tool to counter the Soviets. To Brzezinski, human rights should only be used as a means to ―advance America‘s interests by demonstrating to the emerging nations of the Third World the reality of our democratic system, in sharp contrast to the political system and practices of [the Soviets].‖16 14 Bernard Gwertzman, ―The Limits of an Activist U.S. Approach to Promoting Human Rights Abroad,‖ New York Times (1923-Current file), May 18, 1977. 15 Cyrus R Vance, Hard Choices: Critical Years in America's Foreign Policy (New York: Simon and Schuster, 1983), 441. 16 Zbigniew Brzezinski, Power and Principle: Memoirs of the National Security Adviser, 1977-1981 (New York: Farrar, Straus, & Giroux, 1983), 124. 6 Debbie Sharnak Carter consciously selected these two foreign policy advisers with differing views to receive a wide range of policy options that he would arbitrate. Yet, Brzezinski, with more presidential access, less bureaucratic responsibility, and effective experience in political maneuvering, often prevailed.17 These factors, coupled with deteriorating global conditions and increasing domestic criticism, contributed to Brzezinski‘s triumph in applying a narrow view of human rights implementation in Carter's foreign policy framework. Carter would continue to struggle to maintain the primacy of a human rights policy, especially when it conflicted with opportunities to assert national security interests and increase a perception of strength. This became evident as newspapers began portraying Carter as weak in the face of global communist advances. For example, in Iran, Ayatollah Khomeini overthrew the U.S.-friendly shah and moved to create a theocratic dictatorship in the name of the Islamic Republic. Despite initial attempts to retain some semblance of a diplomatic relationship with the new regime, the U.S. admitted the former Shah into the U.S. to receive medical care, which intensified antiAmerican sentiments in Iran. By November 1979, relations between the U.S. and Iran deteriorated significantly and Iranian militants took control of the U.S. embassy, taking fiftythree Americans as hostages. A failed attempt to rescue them only exacerbated perceptions that Carter was weak, ineffective, and losing ground to the Soviets. Conditions in Afghanistan only exacerbated this disastrous situation. Afghanistan, which served as a buffer between Soviet and U.S. areas interests, occupied a tenuous space in Cold War politics throughout the 1960s and early 1970s as a modernizing nation in which both the U.S. and Soviets invested heavily. This arrangement fell apart in late 1978 as a radical leftist group, the People‘s Democratic Party of Afghanistan (PDPA), besieged the civilian government and 17 Itai Nartzizenfield Sneh, The Future Almost Arrived: How Jimmy Carter Failed To Change U.S. Foreign Policy (New York: Peter Lang Publishing, 2008), 59-60. 7 Debbie Sharnak killed President Mohammed Daoud. This pro-Moscow political faction threatened U.S. interests in the nation and throughout the Middle East. As the regime struggled to control the country, Soviets feared the failure of the Marxist revolution, which prompted them to ultimately invade the country in December 1979. This military deployment, the first Soviet occupation in Central Asia outside the USSR, carried ominous strategic implications for the Carter Administration as a symbol of Soviet expansionism and a growing tide of communism throughout the world.18 Concurrent with these crises, the Carter administration experienced challenges in implementing its foreign policy in Africa, which is best exemplified by the struggle between Ethiopia and Somalia. Carter, affected by his failures in the Middle East, acceded to pressure by Brzezinski to aid Somalia in countering the Soviet Union‘s support of Ethiopia, despite Somalia‘s egregious human rights violations against its own citizens.19 Carter, in providing this assistance to Somalia, ascribed to the notion of Cold War power politics. Brzezinski, in his memoirs, understands this shift by explaining that ―in the first two years of the Administration…global concerns tended to overshadow the pressing requirements of strategic reality. In the last two, we had to make up for lost time, giving a higher priority to the more fundamental interests of national security.‖20 In addition to these international calamities, Carter confronted growing problems domestically as the effects of the global recession destabilized the U.S. economy. In early 1980, inflation soared, interest rates swelled to 20 percent, and petroleum prices reached $32 a barrel.21 Communism‘s global advance, combined with the wavering of America‘s economic strength, 18 Vance, Hard Choices, 391. Gaddis Smith, Morality, Reason, and Power: American Diplomacy During the Carter Years (New York: Hill and Wang, 1986), 155. 20 Brzezinski, Power and Principle, 145. 21 Richard Thornton, The Carter Years: Towards a New Global Order (New York: A Washington Institute Press Book, 1991), 420. 19 8 Debbie Sharnak produced the perception of U.S. weakness in comparison with the Soviet Union, which yielded a backlash towards Carter in popular opinion. As a result of this lost faith, they elected Republicans in overwhelming majorities in the 1978 midterm election. In addition, Carter‘s approval ratings plummeted; between April 1977 and August 1980, foreign policy approval ratings dropped to an average of only 36 percent, and reached as low as 18 percent by August 1980.22 Carter, who came to office promising to use human rights as a foundation for political change, failed to fulfill public expectations, which ultimately produced disillusionment among citizens by the latter part of his Administration. Within this context of deteriorating international and domestic conditions, Carter faced the decision to seat the Khmer Rouge at the United Nations, support the Vietnamese-installed government, or abstain from the vote. None of these choices presented a perfect solution; all options included drawbacks and political costs. Yet, in the geopolitical environment in which this vote occurred, Carter reinforced the U.S.-Soviet conflict paradigm and failed to transcend political structures of the Cold War. Carter viewed the Credentials Committee vote not as an arena in which to express a progressive and purported human rights policy, but rather as a chance to counter the Soviets and score desperately needed political points, despite the fact that this meant supporting the genocidal group. In the end, Carter voted for the Khmer Rouge to strengthen the U.S. budding relationship with China and produce goodwill from non-aligned nation who saw an aggressive Vietnamese government as a threat to their sovereignty. The Chinese dimension, as an opportunity to further exploit the Sino-Soviet split, exists as a key element to understanding Carter‘s decision to seat the Khmer Rouge. Southeast Asia proved to be an arena where the divide between the two communist nations became most evident 22 Gallup Opinion Index (March 1978, 18, no. 152; February 1980, 15, no. 175; September 1980, 39, no. 181) from Andrew K. Katz, ―Public Opinion and the Contradictions of Jimmy Carter‘s Foreign Policy,‖ Presidential Studies Quarterly 30 no. 4 (December 2000), 663. 9 Debbie Sharnak as the Soviets backed Vietnam and Samrin, while China actively supported the Khmer Rouge. Despite the ousting of the Khmer Rouge, China remained an ardent backer of Pol Pot‘s regime and minutes from the Credentials Committee reveal that China ―firmly opposed the designs of Viet Nam and the Union of Soviet Socialist Republics and defended the rights of the Democratic Kampuchea in the United Nations.‖23 Carter saw restoring diplomatic relations with China as one of his greatest foreign policy accomplishments in the Cold War. Although three presidential administrations had worked towards this effort for over eight years, Carter announced the formal restoration of diplomatic relations in December 1978, just as events in Cambodia exploded on the international stage.24 Maintaining the new relationship with China emerged, as Brzezinski stated, a ―central, stabilizing element of our global policy.‖25 China and Moscow blamed each other for the ills in the region. China believed that the Soviets were aggressors who tried to challenge the Credentials of the Khmer Rouge while the Soviets also had a ―total condemnation of all things Chinese,‖ expressing the belief that Beijing proved ―responsible for all the political tensions, troubles, confrontations, and intrigues in South-East Asia.‖26 Carter saw the vote at the United Nations as an opportunity to exploit this divide. Losing influence in the developing world, Carter also perceived the United Nations vote as an opportunity to restore America‘s goodwill among non-aligned nations. When Vietnam 23 Credentials of Representatives to the Thirty-Fourth Session of the General Assembly, 20 September 1979, Democratic Kampuchea/Vietnam , 1 December 1978 to 11 September 1980, S-0904-0090-0006, United Nations Archives, New York, New York. 24 Brian Hilton, ―‘Maximum Flexibility for Peaceful Change‘: Jimmy Carter, Taiwan, and the Recognition of the People‘s Republic of China,‖ Diplomatic History 33 no. 4 (September 2009). In this article, Hilton argues that original overtures to the Soviet Union were turned down, thus producing a strong turn by the Administration to reach out to China. Normalizing relations with China is seen not just to produce a strategic advantage in negotiations with the USSR, but Hilton claims that Carter also saw it as an opportunity as possessing the potential to make significant long-term progress towards regional and global stability. 25 Brzezinski, 53-54. 26 Sir Robert Jackson, Letter to Secretary General Kurt Waldheim on Meeting with Soviet Representatives, 8 March 1981, Peacekeeping Operations Files of the Secretary General: Kurt Waldheim- Asia and the Far East- IndochinaCountry Files- Kampuchea- Sir Robert Jackson- UN Humanitarian Operations in Kampuchea and Thailand: 11- 231981 to 12-7-1981, S-0901-0007-05, United Nations Archives, New York, New York. 10 Debbie Sharnak invaded Cambodia, the main impetus for the aggression stemmed from the cross-border attacks by the Khmer Rouge into Vietnam and the slaughter of Vietnamese nationals as part of Pol Pot‘s desire to create a ‗pure‘ Khmer race. However, the Vietnamese believed that the Khmer Rouge‘s horrific crimes would cause their takeover to be celebrated around the world as a humanitarian venture. To their surprise, this praise never materialized. Instead, many non-aligned nations such as Pakistan and Ecuador, condemned the invasion, as they viewed Vietnamese impunity as a threat to their own sovereignty. From this position of anxiety emerged a quick and total condemnation from the Association of Southeast Asian Nations (ASEAN) whose members feared that a resurgent Vietnam would challenge the tenuous balance of power in the region. They issued a statement denouncing the invasion, which declared that ―the pursuit by militarily powerful States of a policy of intervention, in contravention of the principles of the United Nations Charter, could only lead to international anarchy and chaos,‖ and rejected ―the premise that a state can justify its invasion or occupation of another state in order to change a government held to be repressive or any other pretext.‖27 Other nations also spoke against the Vietnameseinstalled government. For example, Senegal questioned the claims of the Samrin government to be seated because ―force had been used to change an established government and those who had used force now asked to be accepted at the United Nations.‖28 The United States, in aligning with these nations, sought to produce goodwill and restore a sphere of influence while the Soviets backed the largely condemned Vietnamese government. Ultimately, supporting non-aligned countries by extolling principles of non-intervention did not emerge solely as the result of a deep 27 Carlos P. Romulo, Statement by the Chairman of the ASEAN Standing Committee and Minister for Foreign Affairs of the Philippines, 19 September 1980, Kampuchea/Vietnam Conflict: 1 December 1978-22 September 1980, S-0904-0090-0006, United Nations Archives, New York, New York. 28 Credentials of Representatives to the Thirty-Fourth Session of the General Assembly, 20 September 1979, Democratic Kampuchea/Vietnam , 1 December 1978 to 11 September 1980, S-0904-0090-0006, United Nations Archives, New York, New York. 11 Debbie Sharnak commitment to support self-rule, but rather as part of a shift in Carter‘s policy towards a more narrow understanding of human rights concerns whereby supporting the non-aligned nations produced a more benevolent relationship with this bloc while also serving to oppose Communist interventions that were perceived as a direct threat to U.S. interests. Carter‘s relationship with non-aligned nations as a strategic aspect of his foreign policy, however, is part of a larger project which deserves further attention. The closer positioning and support of these nations did not just occur in Cambodia, but rather, it contributed to a key, global aspect of Carter‘s international objectives. For example, the timing and nature of the crisis in Afghanistan provides a particularly interesting juxtaposition to the situation in Cambodia. The Khmer Rouge made sure that the international community realized the connection between their mutual situations and the increasing threat to non-aligned nations‘ sovereignty. In a statement to the General Assembly, the Khmer Rouge claimed that the Soviet invasion of Afghanistan ―flagrantly infringed upon Afghanistan‘s sovereignty and territorial integrity and violated international law, the United Nations Charter, and principles of Non-alignment.‖29 The Statement goes on to connect the Vietnamese invasion of Cambodia and the Soviet invasion of Afghanistan as ―all…component parts of a sole and same plan, that of the Soviet international expansionist big power and its lackeys throughout the world‖ which required the collective vigilance of the non-aligned nations to unite to oppose the common threat.30 Connecting these two acts of aggression only further produced fear and backlash to the Vietnamese invasion of Cambodia among these non-aligned nations. In addition, the Khmer Rouge made a specific appeal to the non-aligned nations to garner their support. In a Statement to the Non-Aligned Nations Foreign 29 Thiounn Prasith, ―Statement by the Spokesman of the Ministry of Foreign Affairs of Democratic Kampuchea Condemning the Soviet Invasion in Afghanistan,‖ 30 December 1979, Peacekeeping Operations Files of the Secretary-General: Kurt Waldheim- Asia and the Far East- Indochina- Country Files- Kampuchea, S-0901-0006-03, United Nations Archives, New York, New York, 2. 30 Ibid., 3. 12 Debbie Sharnak Ministers at the United Nations, Ieng Sary asked the non-aligned countries to consider the issue of Cambodia as critical to their larger strategic objectives of non-alignment and right to noninterference in internal affairs. Support for the Khmer Rouge and uniting as a strong bloc was framed as a commitment to the ―sacred principles of our non-aligned movement.‖31 This explicit connection between the countries contributed to Carter‘s imperative to support the non-aligned nations, not only in the isolated situation in Cambodia but as part of a larger, global phenomenon to achieve his strategic objectives in countering the Soviet Union. While not predicated on an absolute and broad interpretation of human rights, this paper seeks to posit to idea that Carter did view his relationship with non-aligned nations as emblematic of his new, albeit more narrow commitment to human rights. Carter‘s relationship with non-aligned nations is typically viewed solely in a Realpolitik analysis that understands its strategic implications; yet, the belief in its human rights element remains a critical component. Early in Carter‘s administration, he commissioned a report on comparative U.S. – Soviet military and nonmilitary capabilities with the help of Brzezinski and Professor Samuel Huntington. From this study, Carter found that the U.S. possessed great advantages over the Soviets in the nonmilitary capability department which Carter sought to further exploit. One of the main venues for achieving this objective was through reaching out to non-aligned nations. Through Ambassador to the United Nations, Andrew Young and other advisors, Carter sought to establish relations with non-aligned nations to promote ―the attractive appeal of peace, freedom, democracy, and human rights.‖32 By strengthening these relationships, Carter believed the U.S. influence could permeate across borders and serve to counter the Soviets, especially as Soviet 31 Ieng Sary, ―From the Deputy Prime Minister of the Democratic Kampuchea to the Ministers of Foreign Affairs of Non-Aligned Nations,‖ 29 March 1979, Kampuchea/Vietnam Conflict: 1 December 1978-22 September 1980, S0904-0090-0006, United Nations Archives, New York, New York, 3. 32 Jimmy Carter and Zbigniew Brzezinski, ―Presidential Debate,‖ Foreign Policy (March/April 2010). 13 Debbie Sharnak expansionism produced fear from their invasion of Afghanistan and the backing of Vietnam in Cambodia. For Carter, this quiet and peaceful diplomatic success can best be evidenced after the handover of the Panama Canal, an overture that produced stronger relations with Latin American countries on the whole. Latin America proved to be a key area in which Carter believed his success with non-aligned nations could have the most force. The Carter Administration judged that the United States had greater leverage in Latin America than in other parts of the world for while the U.S. possessed smaller security and economic interests there; Latin America also suffered from the most severe violations of human rights in the region.33 The Panama Canal handover was a key aspect of his policy in which the U.S. could prove its commitments to democratic values and establish its moral authority. For all these reasons, progress in promoting human rights was seen as viable and practical, especially from the standpoint of nation-to-nation diplomacy among non-aligned nations. With non-aligned nations rallying around the Khmer Rouge, Carter viewed his positions with this bloc as most conducive to his larger objectives. For these reasons, Carter justified his decision to vote for Pol Pot‘s regime in legal terms. While Carter was not the first president to face a vote on a nation‘s contested representation at the UN, this procedural justification illustrates that while cloaked in an argument of jurisdiction, voting for the Khmer Rouge was not the only option for the Carter Administration. Historically, ambiguous procedural rules for deciding rightful representation allowed for states for manipulate this process towards their political aims. For example, disputes over state representation in the General Assembly have arisen since the UN‘s inception in places such as China, Hungary, the 33 Kaufman, ―The Bureau of Human Rights During the Carter Administration,‖ 6. 14 Debbie Sharnak Congo, Yemen, Israel, South Africa, and Afghanistan.34 Each time, the criterion differed. When two political entities vied for the same seat, the UN operated on an ad hoc basis to decide what factors to consider in determining rightful representation. While many different proposals were provided that could be applied to individual disputes,35 each evaluation process was utilized depending upon which factors and considerations were best suited to their individual political positions rather than any consistent standard.36 For example, in the case of whether to seat the communist Chinese government or the ousted nationalist Kuomintang (KMT) leaders of the Republic of China that had fled to Taiwan in the 1950s, the General Assembly substantively debated prevailing legal norms to decide on who to seat.37 Yet, in other situations, procedural arguments were used to determine representation. The glaring inconsistencies in whether the Credentials Committee is utilized as a procedural or substantive body can best be exhibited by examining the UN votes in Cambodia. The 1979 vote was not the first time the UN examined Cambodian credentials. In 1973, when Lon Nol and Prince Sihanouk both submitted credentials to the Committee, Member States substantively debated the issue based on criterion of effective control, foreign intervention, and domestic non-interference of the country to determine who would receive accreditation.38 34 Suellen Ratliff, ―UN Representation Disputes: A Case Study of Cambodia and a New Accreditation Proposal for the Twenty-First Century,‖ California Law Review 87, no. 5 (October 1999): 1209. 35 These proposals include the Secretary General‘s Memorandum on ―The Legal Aspect of the Problem of Representation in the United Nations, Resolution 396(v): Recognition by the United Nations of the representation of a Member State, and UN Legal Counsel‘s Opinion on the ―Scope of Credentials in Rule 27 of the Rules of Procedure of the General Assembly.‖ 36 Ratliff, ―UN Representation Disputes,‖ 1231. 37 Ibid., 1222-1224. In this article, Ratliff makes the argument for a new accreditation process for UN representation which includes human rights considerations in deciding whether to grant a government the right to represent a nation and a people. 38 Ibid., 1245-1246. In the end, the ambiguity in these principles caused the Committee to postpone the vote until the following session, causing the Lon Nol government to maintain their credentials. When Senegal submitted a report to call for the rejection of these credentials in the Committee, it forced an immediate vote, awarding official accreditation to Lon Nol for the immediate session. In the end, the Lon Nol government was overthrown by the Khmer Rouge just over a year later. Despite the legal wrangling that occurred around this vote, it is important to 15 Debbie Sharnak However, minutes from the committee debates about seating the Cambodian representative in 1979 show the U.S. arguing for a strict procedural interpretation in which ―the issue was not the conduct [of Cambodia] against its own nationals, but the validity of the credentials of the representatives of Democratic Kampuchea…those credentials fulfilled the requirements of rule 27 of the rules of procedure, and the General Assembly should continue to seat the Government whose credentials had been accepted.‖39 The U.S. further claimed that the ―mandate of the Credentials Committee was confined to ascertaining if credentials were in order. The proper forum for a debate on any other issue was the General Assembly.‖40 However, the General Assembly had referred the issue to the Credentials Committee to decide which stemmed substantive debate in that body as well. The U.S. therefore used procedural arguments to make a claim for the Khmer Rouge to maintain representation at the UN. When a third alternative to an official seating was suggested, in which the Congo proposed to seat no one and leave the seat unoccupied, the U.S. also found legal justification to reject that proposal. Rather than abstain from the vote, the U.S. suggested that ―if the draft resolution seeks to leave the seat of Kampuchea vacant, it could be argued with considerable cogency that it would be contrary to the Charter, as it would in effect deprive a Member State of its rights and privileges of membership in a manner not foreseen in Article 5 of the Charter.‖41 In contradiction to the substantive issues discussed during the 1973 Cambodian vote or even the Chinese discussion from two decades earlier, UN documents reveal that the Carter note that the terms of debate centered around substantive issues, rather solely procedural issues, a fact that U.S. attempted to disregard as relevant in the 1979 vote. 39 Credentials of Representatives to the Thirty-Fourth Session of the General Assembly, 20 September 1979, Democratic Kampuchea/Vietnam , 1 December 1978 to 11 September 1980, S-0904-0090-0006, United Nations Archives, New York, New York. 40 Ibid. 41 J.F. Scott, Office of the Legal Counsel Memo on the Question of the Representation of Kampuchea to SecretaryGeneral, 14 September 1979, Kampuchea/Vietnam Conflict: 1 December 1978-22 September 1980, S-0904-00900006, United Nations Archives, New York, New York. 16 Debbie Sharnak Administration justified their support of the Khmer Rouge on a narrow and technical understanding of Rule 27 in the United Nations. Lost in a bureaucratic web, the U.S. avoided positioning itself in explicit moral alignment with the Khmer Rouge government while still maintaining their political objectives to counter the Soviet Union and reassert themselves as an ally to nonaligned nations. Despite a few letters to the editor in newspapers expressing outrage about the vote,42 almost all public domestic U.S. attention to Cambodia at the time centered on the plight of refugees. Thus, Carter continued to view foreign policy formation through a lens of managing the Great Power conflict rather than transcend a normative paradigm of placing perceived strategic imperatives as the primary consideration. To fulfill a meager claim to his human rights policy and assuage U.S. domestic calls for action, Carter promised $69 million in Cambodian aid.43 This traditional expression of humanitarian concern failed to challenge the entrenched notions of viewing most foreign policy decisions through a U.S.-Soviet prism and did not threaten Carter‘s attempts to assert a position of perceived strength in the international arena. This pledge of aid did not jeopardize the Khmer Rouge‘s or China‘s interests. While generous, it failed to live up to the promise of asserting a human rights framework to guide foreign policy formation. What follows from this event is the questioning about the ultimate efficacy of human rights when it comes into conflict with perceived national security concerns. To understand the strategic thinking behind the vote at the UN changes the perception that Carter‘s decision to seat the Khmer Rouge was a basic contradiction of his human rights policy. Instead, it serves as an example of a changed, more narrow human rights conception that did not hold human rights as 42 ―Hold-Your-Nose Diplomacy,‖ The Washington Post, September 17, 1980. Carter Pledges Aid to Cambodian Refugees, 25 October 1979, Peacekeeping Operations Files of the Secretary – General: Kurt Waldheim- Asia and the Far East- Indochina Country Files- Kampuchea, Humanitarian Relief Assistance, 10 December 1979 to 31 August 1979, S-0901-0006-05, United Nations Archives, New York, New York. 43 17 Debbie Sharnak absolute, and further, sought nontraditional expressions of a human rights policy, for example, by serving as a model and partner to non-aligned nations. Yet, to accept this vote as the only option also obscures the reality in which progressive foreign policy can be possible in the realm of difficult and trying circumstances. Historian Jeremi Suri claims that in the 1960s, global leaders abandoned a framework of innovation in foreign policy to reflect a position of ―national constituents or national ‗interests.‘ ‖44 This tendency extends to Carter‘s actions in the 1970s. Faced with deteriorating conditions domestically and abroad, combined with low approval ratings, Carter abandoned his position of change and innovation to revert back to a bipolar, Cold War paradigm. This policy produced little reward and many consequences for the Cambodian people. Whether facing communism in the Cold War or terrorism today, threats to United States are unlikely to dissipate anytime soon. Carter, by seating a genocidal regime at the UN, further entrenched himself in the status quo. While Carter should receive credit for bringing the discourse of human rights into the normative framework of foreign policy considerations, what must be continually improved upon is how to not abandon these principles when policy decisions might be difficult or appear on the surface to contradict national security interests. 44 Suri, Power and Protest: Global Revolution and the Rise of Détente, 365. 18