Norms can be defined as standards of appropriate behaviour for actors with a given
identity.167 There are different kinds of norms. The first are the regulative norms, which order and constrain behaviour.168 The second are constitutive norms, which create new actors, interests or categories of action.169 The third are called evaluative or constitutive norms and these are important when analysing state behaviour in the international system though they
167 Finnemore, M. and Sikkink, K. “International Norm Dynamic and Political Change”, in International Organisation, Vol. 52, No. 4, Autumn 1998, p891.
168 Ibid
169 Ibid.
64 are said to have received very little attention in research.170 Looking at the role played by norms in the case of South Africa when deciding on a refugee settlement policy, it is important to note that “because norms involve standards of appropriateness or proper behaviours, both the inter-subjective and evaluative dimensions need to be addressed”.171
Norms emerge within a particular context. It is noted that despite the fact that there has been little theoretical work focusing mainly on the process of norm building, most studies on norms highlight the role of “human agency, indeterminacy, chance occurrences, and
favourable events, using process tracing or genealogy as a method”.172 This then means there is a need for “norm entrepreneurs and organisational platforms from which entrepreneurs act”
for norm creation to succeed.173 In relation to the development of asylum/refugee policies and norms, it has been argued that ‘the formulation of refugee policies involves a complex
interplay of domestic and international factors at the policy-making level and illustrates the conflict between international humanitarian norms and the sometimes narrow self-interest of sovereign nation states.’174
Literature reveals that there are a number of reasons for the post- apartheid South African government ‘to be more responsive to international normative pressures than the apartheid regime’.175 First among these is the ANC’s own experiences in exile working with
international organisations and building diplomatic ties and saw the benefits of sanctions as a result of this engagement.176 Secondly, having been a liberation movement, the post-apartheid
170 Ibid
171 Ibid.
172 Ibid, p896
173 Finnemore, M. and Sikkink, K. “International norm dynamic and political change”, International Organization, 52,4, Autumn 1998, p896
174 Loescher, G. “Introduction” in, Loescher, G. and Monahan, L. (eds), Refugees and International Relations, Oxford: Clarendon Press, p.8.
175 Klotz, A. “International Relations and Migration in Southern Africa”, African Security Review Vol 6, No 3, 1997
176 Loc cit.
65 government remembers the support accorded to them during the struggle years, and has to balance that with South Africa’s destabilisation policies in the region.
Finnemore and Sikkink identify a three stage norm life cycle ranging from norm emergence, norm cascade and internalization. They also argue that norm entrepreneurs are critical for norm emergence particularly because they are able to draw attention to an issue or come up with new issues through framing.
The object of this research is not to go into detail on norm development/emergence but to illustrate the role played by norms in South Africa’s choice of a refugee policy. Their
discussion will be limited to a brief discussion on the three stages as mentioned above, on the actors involved, their motives and the mechanisms used for norms to be successful. The table below provides a good summary of the three stages of norms:
Table 1. Stages of norms177
To put the subject of international norms into the context of this study, one has to recognise that “the issue of (both legal and illegal) migration intersects various international ‘regime’
[which are] clusters of international norms and institutions that regulate state policies in
177 Ibid. p 898.
66 particular issue areas.”178 In this regard, refugees though also considered immigrants by some countries have a special qualification under international norms as a specific group.
There are international human rights norms that are particularly applicable to immigrants.
Gurowitz notes three types of norms related to immigrants.179 These are: general human rights and anti-discrimination norms and they are called that because “they tend to apply to persons, not only citizens and these are therefore also relevant for immigrants.”180 The second identified norms are those that are aimed specifically at minorities and thirdly, are the norms that are aimed specifically at migrant workers.181 It is important to note that norms aimed at minorities are not necessarily geared towards migrants but are more focused on national minority rights. However, since these rights are usually addressing broader issues in society, they are applicable to immigrants in their host countries. For instance, Article 27 of ICCPR states that,
In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group to enjoy their own culture, to profess and practise their own religion, or to use their own religion, or to use their own language.
In the South African context sections in the South African Constitution conform to the ICCPR provisions with respect to linguistic, cultural and minority rights.182 In this case, international norms have been subsumed into the domestic sphere.
Gurowitz argues that norms can also be used to give legitimacy both to the causes being championed by NGOs and the NGOs as actors as well.183 However, she further notes that
178 Klotz, A. “International Relations and Migration in Southern Africa”, African Security Review, 6:3, p63
179 Gurowitz, A. “Mobilizing International Norms: Domestic Actors, Immigrants, and the Japanese State” in World Politics, Vol.51, No. 3, April 1999,
180 Ibid.
181 Ibid.
182 See South African Constitution 1996, Section 6 on Languages (Founding Provisions), Section 30 and 31 (Bill of Rights)
183Gurowitz, A. Op cit. p418
67
‘while international norms are often a critical source of ideas for change in state policy, there is a great deal of variation in their impact and that there is a need to understand why there is variation in the impact. And in order to understand this variation on the impact, there is a need to ‘do process tracing examining the domestic mechanisms by which norms have effects.184 In the case of South Africa, NGOs have played a major role in ensuring that South Africa conforms to international norms both in theory and practice with regards to the
protection of the rights of foreign nationals in the country and particularly refugees.