Human Rights, Democracy, And Development - Jack Donnelly | Human Rights | Liberal Democracy

Human Rights, Democracy, and Development Author(s): Jack Donnelly Source: Human Rights Quarterly, Vol. 21, No. 3 (Aug.

, 1999), pp. 608-632 Published by: The Johns Hopkins University Press Stable URL: . Accessed: 12/03/2014 10:27
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Human Rights, Democracy, and Development
Jack Donnelly*
I. INTRODUCTION In the past decade, development, democracy, and human rights have become hegemonic political ideals. Regimes that do not at least claim to pursue rapid and sustained economic growth ("development"), popular political participation ("democracy"), and respect for the rights of their citizens ("human rights")'place their national and international legitimacy at risk.2Without denying important practical and theoretical linkages, this article focuses on tensions between the logics of human rights, democracy, and development. In doing so, this article challenges the comfortable contemporary assumption that, as the Vienna Declaration and Programme of Action (adopted by the 1993 World Conference on Human Rights)put it,

* Jack Donnelly is the Andrew W. Mellon Professor at the Graduate School of International

Studies, University of Denver. He has published extensively on the theory and practice of international human rights, including Universal Human Rights in Theory and Practice (1989) and International Human Rights (2d ed. 1998). His most recent work is Realism and International Relations: A Critical Engagement, to be published by Cambridge University Press next year. 1. The contested nature of these terms receives considerable attention below. For now, it is sufficient simply to adopt common, if controversial, usages. 2. See John F. Copper, Peking's Post-Tienanmen Foreign Policy: The Human Rights Factor, in ISSUES ANDSTUDIES 49 (1994) (discussing China's party-statedictatorship that moved from denouncing human rights to arguing that the Tienanmen massacre and the ensuing crackdown were essential to guaranteeing human rights in the particular conditions of China). The exceptions that prove the rule are states, such as North Koreaor Afghanistan, that advocate a counter-hegemonic revolutionary ideal-and which, not coincidentally, are to a considerable degree (self-consciously) isolated from an international society that tends to ostracize them. Consider, for example, the current debate within Iran in which openness to both human rights and international society are associated with forces of reform. Human Rights Quarterly 21 (1999) 608-632 ? 1999 by The Johns Hopkins University Press

This content downloaded from on Wed, 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions

? 9. Res. INT'L This content downloaded from 200. on Hum. 52d Sess. 22d plen. G.. Agenda Item 112(d).157/24 (1993). Doc. 1949) [hereinafter UDHR]. 4. age. part 1). or tradition that legitimated hierarchical rule by those with superior virtue (defined by birth. U. Most polities throughout history have rested authority on a divine grant.J. 1661 (1993). (Resolutions. however that may be understood locally.17. GAOR 3d Comm. 43 AM.N. adopted 10 Dec.N. or power). GAOR. Rts. U. A/Res/52/148 (1998). ? 4. reprinted in L. Doc. 217A (III). human rights has joined democracy and development to complete a triumvirateof factors that indicate a government's legitimacy. World Conf.unhchr. mtg. human rights has been a regular. international human rights norms require democratic government. A/810 (1948). typically leads to serious political challenge. 1 8. Universal Declaration of Human Rights..4Since the 1970s. mtg. Democracy.N. The Right to Development. Doc. skill.24 on Wed.N. wealth. available on <http://www. 48th Sess.H.htm> (giving recent examples where sources repeat information from the Vienna Declaration). 1998/72. Rts. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .unhchr. Res. part I.htm> [hereinafter Vienna Declaration]. reprinted in 32 I. most regimes have appealed to bottom-up authorization from "the people" rather than a "higher"source. U. 70th plen. GAOR.4/1998/72 (1998).A..1999 HumanRights. issue in bilateral and multilateral politics. Article 21 of the Universal Declaration 3. or lack thereof. G.L. U. In the past decade. development. THE CONTEMPORARY The link between a regime's ability to foster development (prosperity) and the public's perception of the regime's legitimacy is close to a universal. 127 (Supp.N. The ability to ensure democracy has much less regularly been a ground for determining a regime's legitimacy. Doc. natural order.Democracy.. U. Whatever a ruling regime's sociological and ideological bases. Vienna Declaration and Programme of Action. See also Comprehensive Implementation of and Follow-up to the Vienna Declaration and Programme of Action.and Development 609 "[d]emocracy. Most obviously.N.N. and human rights have importantconceptual and practical affinities.148>.N. U. development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing..res/72. 54th Sess. 3d Sess. 1948.Comm'n on Hum. if controversial. E/CN. cross-cultural political law. For the past half century. ESCOR. available on <gopher://gopher. 148. available on <http://www.203..un. U.M. 58th mtg. A/ at U. The idea that a government's legitimacy is a function of the extent to which it implements and defends the natural or human rights of its citizens received its first major international endorsement in the 1948 Universal Declaration of Human Rights."3 LANGUAGEOF LEGITIMACY II. its sustained or severe inability to deliver prosperity... however. Res.

For example. available on < DOCUMENT HUMAN RIGHTS]. In its initial responses to criticisms of the Tienanmen massacre. policy5. Vast inequalities in countries such as Brazil and the United States underscore the central role of politics in translating "development" (aggregate national prosperity) into the enjoyment of internationally recognized economic and social rights. the people often want to do extremely nasty things to (some of) their "fellow" citizens. especially in the short and medium run. realizing such affinities is largely a contingent matter of context and institutional design. The redistributions required by economic and social rights similarly seek to assure that prosperity is diffused throughout society. can help to channel economic growth into national development rather than private enrichment. China is an example. 7.610 HUMAN RIGHTSQUARTERLY Vol."6 Today. art.html> [hereinafter INTEGRATING This content downloaded from 200. 21 states that "[t]he will of the people shall be the basis of the authority of government. democracy. China accepts the authority of internationally recognized human rights in principle. China justifies deviations from international norms by appealing to other parts of the same set of norms. those living on the economic edge or with no realistic prospect of a better life for their children are much less likely to be willing to accommodate the interests and rights of others. For example."5Democracy. however. In other words. it is not automatic or inevitable. In recent years. Interdependence. even synergy.203.17. 6. UNITED NATIONS DEVELOPMENT INTEGRATING HUMAN RIGHTSWITHSUSTAINABLE DEVELOPPROGRAMME. suggest that development can be sustained for decades despite the systematic denial of civil and political rights. not to mention most of Western Europe in the nineteenth century. Id. namely those that validate cultural relativism. In addition. a recent United Nations Development Program (UNDP) policy statement asserts that "human rights and sustainable human development are interdependent and mutually reinforcing. China has argued that it has a distinctive human rights strategy appropriate to its special conditions.7 5.undp. although not strictly necessary for development. in post-Cold War international society. only a few states publicly justify systematic denials of internationally recognized human rights. as symbolized by its decision last year to become a party to the international Covenant on Civil and Political Rights.24 on Wed. By contrast. China largely rejected the language of international human rights. Conversely. rather than concentrated in a tiny elite. civil and political rights. by providing accountability and transparency. arguments of interdependence are the norm. most states justified routine violations of human rights not only by appealing to national security (as opposed to personal security) and cultural relativism (as opposed to universal human rights) but also by appealing to the "higher" imperatives of development and democracy (as opposed to the interests of particular individuals and groups). Countries such as South Korea and Taiwan. Twenty-five years ago. However. between human rights. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . may restrict predatory misrule that undermines development. 21. MENT: A UNDP POLICY 2 (1998). and development is both possible and desirable. However.

" Id. northern members of the European Union (EU). military rule is in decline even in Sub-Saharan Africa. Similarly. Although they are economically very well off. illustrates the dramatic change in dominant international attitudes. All humanrights are universal. In addition. indivisible and interdependent and interrelated. Likewise. Nonetheless. "The promotion and protection of human rights and fundamental freedoms This content downloaded from 200.17. 1 32. It is a helpful oversimplification to say that this hegemonic international ideology rests on the success of Western liberal democratic (and social democratic) welfare states. Id. freedoms. 5. rightsand fundamental at the national and international levels should be universal and conducted without conditions attached. they remain deeply committed to an extensive. and development in their efforts to establish national and international legitimacy. Politically. Economic failure has been central to the collapse of these regimes. national security states-which sacrificed whatever and whomever they deemed necessary in the struggle against communism-have also become largely discredited. Appeals to cultural relativism and national particularities have hardly disappeared from discussions of human rights. the fall of Kaunda in Zambia and Suharto in Indonesia are striking examples of the declining appeal of paternalism. peoples' democracies-which sacrificed the rightsof class enemies and dissidents to a greater (party-specified) collective good-passed rapidly from the political scene wherever the people were offered a choice. democracy. Official policy statements are often disingenuous. Popular demands for democracy and human rights have often been na've. For example. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .to promoteand protectall human regardless political. of their economic and culturalsystems.8 Whatever the gap between theory and practice. ? 8. it is the duty of States. historical.Democracy. northern members of the EU enjoy vigorous and open competitive electoral systems and an unusually strong consensus on basic political 8. The international musttreathumanrights on the samefooting.and Development 611 The power of this new vision of international legitimacy is most evident in the surprisingly rapid demise of most of the standard regime types of the Cold War era.1999 HumanRights. supranote 3. where it has been the most common form of government since independence. redistributive welfare state.203. beyondquestion" objectivity and non-selectivity of the consideration of human rightsissues.and community globallyin a fairand equal manner. most states today prominently feature appeals to human rights. Whilethe significance of national and regional andvarious particularities culturaland religiousbackgrounds must be borne in mind. I1] 1. The power of the idea of human rights should not be overemphasized. the surprisingly strong endorsement of the universality of internationally recognized human rights at Vienna in 1993."Vienna Declaration. withthe sameemphasis. TheViennaDeclaration assertsthat"theuniversal natureof these rightsand freedomsis and "reaffirms the importance of ensuring the universality. especially the smaller. despite the substantial efforts of China and its allies on behalf of a strong cultural relativism.24 on Wed.

21st Sess. Legal Theory. elections (democracy).17. political. 609 (1979) (giving a skeptical view of the UDHR as customary law). 10. we can take them as having been authoritatively answered. G. however. In the fifty years since the United Nations General Assembly adopted the Universal Declaration of Human Rights. Nowhere else has so much progress been made in assuring that almost the entire population enjoys most internationally recognized civil.U. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .10The International Covenant on Economic. virtually all states have endorsed the Declaration.S. For the purposes of contemporary international relations.S. Social and Cultural Rights has 141 parties. 1976) [hereinafter ICESCR].612 HUMAN RIGHTSQUARTERLY Vol. however.A. U. Real conflicts between the logics of democracy.A. Doc. J.T. because we are all equally human beings. GAOR. which has arguably acquired the status of customary international law. and social rights. Unless democracy and development are understood and pursued in very particularways. L. GAOR. Y. International Covenant on Civil and Political Rights. InternationalCovenant on Economic. Supp. adopted 16 Dec. Res. the rights that one has simply as a human being. U. they may place human rights at risk. 1976) [hereinafter ICCPR]. literally. A/6316 (1966). democracy.. However.N. 999 U. Jus Cogens. 3 U. 21st Sess. and human rights reflects a distinctive and contingent balancing of markets (development). 171 (entered into force 23 Mar. Watson. As such they are equal rights. 11.N. No. are often overlooked today. See THEODORMERON.B.11 The Vienna 9. U. They are also inalienable rights. Res. 993 U. 21 values and structures. No. This content downloaded from 200.S. 84 (1992). 3 (entered into force 3 Jan. 12 AUSTL. 1966.9 The International Covenant on Civil and Political Rights currently has 144 parties. ILL.24 on Wed. Social and Cultural Rights. Bruno Simma & Philip Alston. 82. this article argues that the Western liberal democratic welfare states' fusion of development.T. A/6316 (1966). Supp.N. HUMAN RIGHTSAND HUMANITARIAN NORMS AS CUSTOMARY LAW 79 (1989). L.N. because no matter how inhumanely we act or are treated we cannot become other than human beings. III. Doc. and human rights. DEFINING HUMAN RIGHTS Human rights are. and individual human rights. 16.N. development. 2200 (XXI). The struggle for human rights certainly has been fostered by an awareness that many Cold War era claims of conflicts between human rights. INT'L Efficacy and Validity in the Development of Human Rights Norms in International Law. 2200 (XXI).203. and General Principles.N.F. Where do such rights come from? How do we determine which particular human rights we have? Such philosophically vital questions are immensely contentious. democracy. 16. economic. The Sources of Human Rights Law: Custom. and development were misguided.. 1966. adopted 16 Dec. G.

supra note 3. Doc. 5 (entered into force 21 Oct.L/V/11. and opportunities that the state and society are. pmbl. Article 1 of the Universal Declaration begins.L. See Vienna Declaration. . Internationally recognized human rights arise from the inherent (moral) nature of the human person. in ordinary circumstances. 73 Dep't State Bull. 1. Regional instruments identify human rights as deriving from similar sources. services. See American Convention on Human Rights. 58 (1982) (stating that "fundamental human rights stem from the attributes of human beings"). 36. adopted 1 Aug. reprinted in 14 I. 13. the protection of public health or morals or the protection of the rights and freedoms of others. 28 I. rev. 1292 (1975) (stating that human rights "derive from the inherent dignity of the human person"). 17.M. and realizes the "natural"or 12."15 Every person.M. African Charter on Human and Peoples' Rights.supra note 10. supra note 4.A.S."'4 The Vienna Declaration uses almost the same language: "all human rights derive from the dignity and worth inherent in the human person.M. although individuals are properly subject to a great array of social and political obligations. The legitimacy of a state. 22 for legal restrictions interpreted as "prescribed by law and which are necessary in a democratic society in the interests of national security or public safety. See ICCPR. art. 4 (for derogations from selected obligations in times of declared public emergencies that threaten the life of the nation). Democracy. pmbl.17. OEA/Ser. Social and Cultural Rights ("Protocol of San Salvador").A. ICESCR. is a function of the extent to which it respects. SERIOUSLY DWORKIN. For example. adopted 26 June 1981.Additional Protocol to the American Convention on Human Rights in the Area of Economic. S 3. Rec.1999 Human Rights. from a human rights perspective.M. supra note 3." Id. human rights specify an inalienable set of individual goods. Thus.L. reprinted in 9 I. 15. is entitled to enjoy her human rights. required to respect or provide. art. public order (ordre public). ICCPR. SI 3. 1975.203.A. 16. supra note 11. O.24 on Wed. 1969. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 1988. protects. are based upon attributes of the human personality"). "[a]ll human beings are born free and equal in dignity and rights. human rights restrictthe legitimate range of state action.T. simply as a human being. for the better-these documents set the meaning of "human rights"in contemporary international society. pmbl.L.supra note 10. 323.673 (1970) (stating that "the essential rights of man . approved 14 Nov. O. CAB/LEG/67/3 Rev. 1986).23.'6 rights ordinarily "trump" other legitimate claims17 of the state and society. both Covenants assert that "these rights derive from the inherent dignity of the human person. RONALD TAKING RIGHTS xi passim (1997). doc. and Development 613 Declaration was adopted by consensus by the 171 states that participated in the 1993 World Conference.S."'3Likewise. See id.S. This content downloaded from 200. 6 (1979) (entered into force 18 July 1978). Off. UDHR. . ?] 2.'2 For better or worse-and in most regards. Conference on Security and Cooperation in Europe: Final Act (Helsinki Accord). signed 22 Nov. Vienna Declaration. ? 2. pmbl.U.L. O. reprinted in 21 I. Because these inherent rights of individuals have prima facie priorityover the interests and desires of society and the state. art. 56 (1989) (basing human rights "on the recognition of the dignity of the human person"). Although this priority is rarely categorical. No. 14. 21.

most Western states. This content downloaded from 200. has chosen to endorse human rights in the strongest possible terms.."22 adopted a series of resolutions that have reaffirmed "the universality. however. pmbl. states. their protection and promotion is the first responsibility of Governments. UDHR.socialist and most African and Asian states emphasized economic. gave extensive attention to both groups. the year of the fiftieth anniversary of the Universal Declaration. 19.17. In particular."18 Vienna Declaration is unusually forthright. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five. however."23 Thus. official rhetoric held that all human rights were "interdependent and indivisible. the United States is a deviant outlier among Western states. 22.203. as in so many others in the field of human rights. Contemporary international society. 1[ 10. interdependence and interrelationshipof all human rights [and concluded that] promoting and protecting one category of rights should therefore never exempt or excuse States from the promotion and protection of other rights. supra note 3. the motto of the office of the High Commissioner for 18. and society have been the norm throughout most of history. in both their domestic practice and international pronouncements. most Western states similarly over-emphasized civil and political rights. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. pmbl. 21 human rights of its citizens. the United Nations Commission on Human Rights has rights. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY. or even ten.614 HUMAN RIGHTSQUARTERLY Vol. Part I.21In the United Nations. EI 1. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations. 23. and cultural rights to the exclusion of civil and political rights. the preamble emphasizes "the responsibilities of all States . to develop and encourage respect for human rights and fundamental freedoms for all" and calls upon "the peoples of the world and all States Members of the United Nations to rededicate themselves to the global task of promoting and protecting all human rights and fundamental freedoms so as to secure full and universal enjoyment of these rights. (1989). social. supra note 3.claiming in its very firstoperative paragraph that "human rights and fundamental freedoms are the birthright of all human beings." Id. 21." The existence of two separate Covenants. See Question of the Realization in All Countries of the Economic. supra note 4. Vienna Declaration. By the 1970s.UNIVERSAL 20. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights. other systems for regulating relations between individuals. Vienna Declaration. In this regard. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Part I. however. better reflected the reality of highly selective approaches. years ago. indivisibility. Social and Cultural Rights. however. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. Today.20 During the Cold War era.. In the 1950s and 1960s."19In all regions of the world. in 1998.24 on Wed. In much the same vein. inordinate attention was given to self-determination and racial discrimination.

S 8.. Comm'n on Hum. Athenian democracy. vii. 54th Sess.res/ 44. Vienna Declaration. 35th html/menu4/chrres/1997. pmbl."25This statement from the Vienna Declaration is as good a place as any to begin." was class rule by ordinary citizens. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights.res/11. even in its "Golden Age.supra note 6. social and cultural systems and their full participation in all aspects of their lives. This content downloaded from 200. DAVID HELD. IV. Rts. the people rule.res/1 7. the Vienna Declaration's account of democracy is rooted in the etymology of the term. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic.. Question of the Realization in All Countries of the Economic.24 on Wed.htm> [hereinafter 1998 Question]."24This article pursues some of the implications for democracy and development of this commitment to all human rights for all. 56th mtg. ESCOR. in INTEGRATING HUMAN RIGHTS.N.. but with the same social connotations as the transliterated term in Victorian England. Comm'n on Hum. 51st mtg.N." Thus David Held begins Models of Democracy by defining democracy as "a form of government in which. Democracy. literally. or plutocratic (rule of the wealthy) "betters. the theory and practice of democracy 24. in contradistinction to monarchies and 998. Doc. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Mary Robinson.htm>.N.N.N. the Greek demokratia which literally means rule or power (kratos) of the people (demos). Doc.. U. available on <http://www..4/1996/11 (1996).N. Rts.. See also Vienna Declaration.4/1997/17 (1997). Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. preliminary ? 3.unhchr. oligarchic (rule of the few). 26.. Doc. U. was not the whole population.. I 4(d). and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights. ESCOR. Social and Cultural Rights.17. This class often saw their interests as opposed to their aristocratic (literally. Comm'n on Hum. the masses: hoi polloi.the many. 52d Sess. economic."26 Throughout most of its history. 53d Sess. 1 3(c). E/CN.203. ESCOR. Question of the Realization in All Countries of the Economic. Part I. rule of the best). Message from the High Commissioner for Human Rights. DEFINING DEMOCRACY "Democracy is based on the freely expressed will of the people to determine their own political.htm>. available on <http:// www. however. 25. at vi. MODELSOF DEMOCRACY 2 (1987).unhchr. a class (of males) that excluded slaves and resident aliens.1999 Human Rights.unhchr. Like all plausible definitions.41998/33 (1998). Social and Cultural Rights. The demos for the Greeks. Which the Developing Countries Face in Their Effortsto Achieve These Human Rights. U. U. E/CN. supra note 3. supra note 3. but rathera particularsocial class. U. E/CN. and Development 615 Human Rights was: "all human rights for all. available on <http://www. U..

FRENCHREVOLUTION (1996) (discussing the influence of the French Revolution). interesting review of recent work on seventeenth and eighteenth century alternatives and precursors to democracy). Africa. this article addresses only the Western tradition of political thought and practice. the negative connotations even today of "demagogue. 725 (1996) (giving an IDEAS Citizenship and Culture in EarlyModern Europe. the claims of ordinary citizens to rule rest on "mere numbers. in the sense that all should be involved in legislating. until relatively recently. and not just because democrats until the late eighteenth century almost always lost. the strong democrats of the French Revolution were largely defeated: the term democracy did not gain widespread political currency in France until 1848. however." and thus delegitimated non-democratic rule. be obligedto justify theiractionsto the ruledand be removable by the ruled. Stephen P. History of the Word "Democracy" in France. a bad name. The Oct. in applyinglaws and in governmental administration.24 on Wed. See also Peter N. 20 HUM.they should.29 What. Likewise. does it mean for the people to rule? Held offers a partial list of common meanings: 1. This limited scope is relatively unproblematic for the purposes of this article. Even the American revolution was more "republican" than "democratic. Here.that is to of generalpolicy. from Aristotle to Machiavelli to Madison and Kant. RTS. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Miller. 57 J.203." the lesser of two evils-or at least the one whose shortcomings have not been recently experienced. for example. This content downloaded from 200. here this article is only interested in arguments that advance democracy as an intrinsically desirable form of rule. socialist. Democrats did not become a major force for forty years. democracy was disparaged as incompatible with good rule. counterbalanced the interests and claims of the many by those of the few with superior wisdom or virtue. deciding on generalpolicy. 1995. and anti-colonial struggles transformed dominant conceptions of "the people. as few societies have. See Philip J. at 140 (1995). That all should govern." The leading political parties in the early republic were Republicans and Federalists. Unless we assume.616 HUMAN RIGHTSQUARTERLY Vol. 27. Consider. though. Marks. because none of the "great"state-based civilizations of Asia. HIST. Q. However. Thatall shouldbe personallyinvolvedin crucialdecision making. From the "Single Confused Page" to the "Decalogue for Five Billion Persons": The Roots of the Universal Declaration of Human Rights in the French AND HUMAN RIGHTS Revolution.28 Only during the past two centuries have liberal. Democracy-especially electoral democracy-has also been advocated on instrumental grounds. 459 (1998).17. LYNN HUNT. for example. Thatrulersshouldbe accountable to the ruled. 6 J. In some liberalizing and post-authoritarian regimes it has also been "defended" as a "defaultoption. 2." which literally means leader of the people. Democracy as a result has had. Costopoulos & Pierre Rosanvallon. or the Americas developed a politically significant conception of direct popular rule prior to extensive Western penetration.27 Even advocates of mixed or "republican" regimes. say in decidinggenerallaws and matters 3. 29. 21 has focused on opposing claims to authority by competing social classes. 28. as a device to limit abuses of power or balance competing class interests. that reason or virtue are more or less randomly distributed among citizens or otherwords." Thus from Plato and Aristotle through Kant and Hegel.

Rousseau provided a good illustration of the difference: one way to determine the will of the people is to consult them. forthe [private] will tends. Therefore. if that term is to mean more than the absence of systematic misrule by a narrow segment of society." the reflective. 33. at 199. In contrast.33 30." which often expresses only particular individual and group interests.. Id. which calls for accountability of the rulerto the representatives of the ruled. must be government of or by the people. Beyond benefitting from good governance. as these regimes illustrate. 32. Cole trans. while the generalwill tendsto equality. and Ottoman sultans all (contentiously yet plausibly) claimed to rule in the interests of the people. Id. and the sixth meaning. What does it mean to "be involved" in decision-making? What are the mechanisms and measures of "accountable" government? How should the ruled "choose" their rulers? According to the Vienna formulation. DEMOCRACY 31. Chinese emperors. (1975)). the trick is to determine "the freely expressed will of the people. HELD. This content downloaded from 200. although often encountered. Vienna Declaration. democracy. the second meaning. may involve entirely representative government.and Development 4.17. the people in a democracy must be the source of the government's authority to rule. however. directly or through representatives. See JEAN-JACQUES THE SOCIALCONTRACT AND THEDISCOURSES 202 (G.H.Democracy. at 202. Rousseau. it is [While]it is not impossible at leastimpossible forthe agreement to be lastingand constant. For example. 1993). is not a defensible conception of democracy. All of Held's definitions are extremely open.32Instead he advocated following "the general will.203. requires extensive direct participation by citizens. 7. namely that rulers act for the ruled. the fourth meaning. Thatrulersshould act in the interests of the ruled. 6. 5. Held's six other meanings encompass an immense variety of political forms. disparaged this (procedural) "will of all. very nature. at 3 (drawing heavily on a list in JACKLIVELY. government forthe people may or may not be democratic. Thatrulersshould be chosen by the ruled.D. Part I.30 617 The last of these common meanings.24 on Wed. 271. Thatrulersshould be chosen by the representatives of the ruled. Bourbon kings. ROUSSEAU. namely that all are involved in crucial decision making. However. I 8. For example. Thatrulersshould be accountableto the representatives of the its to partiality. which states that rulers should be chosen by representatives of the ruled. supra note 26."31 Democratic theories often are distinguished by their reliance on "substantive" or "procedural" tests in making this determination. supra note 3. rational interest of the whole people. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . which frequently is not the same as the aggregated preferences of individuals and groups. for a [private] will to agreeon some pointwith the generalwill.1999 HumanRights.

liberal. ROBERT DAHL. the leading contemporary procedural conception. leading procedural conceptions also emphasize mechanisms to assure an open and unfettered electoral process. democracy. Therefore. such as substantive.618 HUMAN RIGHTSQUARTERLY Vol. procedural. however. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . For example. Democracy Is Not. to the adjectives describing democracy. While this discussion of forms and types of democracy could be extended to great lengths. David Collier & Steven Levitsky. freedom of expression. falls far short of the demands of internationally recognized human rights. guided. attention usually shifts from the noun. This article will argue that the human rights work of most contemporary "democracies" is rooted in substantive adjectives such as "liberal. See also Philippe C. Schmitter & Terry Lynn Karl. the tendency in recent discussions to stress procedural democracy is generally justified. which is close to exhaustive with respect to recent procedural accounts). 2 J. Substantive conceptions rightly insist that we not lose sight of the core values of popular authority and control over government.35this article shall bring it to a close by noting that when we discuss types of democracy.POLYARCHY 35. ANDITS CRITICS See generally ROBERT (1989) DAHL. lose the link to the idea of the people ruling. this article suggests that electoral democracy. direct. Popular and policy discussions tend to emphasize multiparty elections. (discussing polyarchy more broadly).. 34. however. and people's. What Democracy Is .24 on Wed. Robert Dahl's ideal type of "polyarchy. and freedom of association. representative. supra note 26.34 This extensive political freedom includes the right of all to run for office. ratherthan just benefitting.203. 49 WORLD (1997) (pursuing a diversity of definitions." a common reference point in scholarly discussions. 430 with Adjectives: Conceptual Innovation in Comparative Research. are merely mechanisms for ascertaining the will of the people. access to alternative sources of information."Substantive conceptions are also subject to a variety of practical problems and abuses. Pure procedural democracy can easily degenerate into non-democratic or even anti-democratic formalism.DEMOCRACY (1971). electoral. See HELD.17. no matter how free and open. In the theoretical literature. DEMOCRACY." In particular. This content downloaded from 200. for a discussion on nine models. Elections. requires not only free and fair elections based on an inclusive franchise but also extensive political freedom to assure truly open elections. 21 Purely substantive conceptions. Thus the term "democratic"easily slides into an essentially superfluous synonym for "egalitarian. POL. three of which have two major variants. at 75. and Summer 1991. ranging from naYveoverestimates of the goodness of real people to elitist paternalism that sees the people as needing to be directed by those with the virtue or insight needed to know their interests..

by contrast. the will of the people. "to determine their own political. aim to empower individuals. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .and Development 619 V. Because rights of democratic participation are but a small set of internationally recognized human rights. the struggle for human rights is not only much more than the struggle for democracy. Part I.17. In practice. Although democracy allocates sovereign authority to the people. social and cultural systems. as previously noted. economic. services. and thus constrains its own interests and actions. Because they are sovereign.1999 HumanRights. it requires little of the sovereign people in return. economic. however. Some non-democratic states. human rights practices among democracies vary dramatically. often diverges from the rights of individual citizens.203. and what they do in so ruling. The democratic principle of popular rule is at best only indirectly and contingently connected with respect for the full range of internationally recognized human rights. however. Rousseau This content downloaded from 200. 37. For example. and opportunities.37 Electoral 36. Beyond who ought to rule-which is indeed given a democratic answer-human rights are concerned with how the people (or any other group) rules. social. as the Vienna Declaration puts it. I 8.24 on Wed. thus limiting ratherthan empowering the people and their government. Democracies may have a better average human rights record than nondemocratic regimes."36 Human rights. need not run in the other direction.Democracy. but also fundamentally different in character. and cultural systems and practices is severely restricted. This is not exactly correct. Empowerment of Whom? For What? Democracy aims to empower the people in order to ensure that they. require democratic government. DEMOCRACY AND HUMAN RIGHTS Democracy and human rights share a commitment to the ideal of equal political dignity for all. rather than some other group in society. the acceptable range of political. however. Furthermore. Only if a sovereign people wills respect for human rights. Vienna Declaration. the people are free. A. One may stipulate that the people do not really will anything inconsistent with internationally recognized human rights. Even where democracy and human rights are not in direct conflict. no matter how it is ascertained. Furthermore. rule. perform better on certain rights than some democratic states. they often point in significantly different directions. By requiringthat every person receive certain goods. supra note 3. will democracy contribute to realizing human rights. international human rights norms. The link.

"so much the worse for democracy. Any alternative would be. Liberal versus Electoral Democracy The standard answer from comparative politics is "liberal democracy. through their elected representatives. by design. 39. in a significant sense. However.203. the US Supreme Court is. Marxist "peoples' democracies" provide a particularly striking example of the differences in the political projects implied by "all human rights for all" and "all power to the people. at 202. as Athens dramatically illustrated. See Richard W. Germany.17. PHIL. either democracy or human rights becomes superfluous. History and etymology inform but do not determine contemporary conceptions of democracy. brief defense of Marx's democratic credentials). 'antidemocratic. Democracy and claimsthatthe generalwill is alwaysperfectand incorruptible. 3 Soc. was rooted in the classical democratic ideal and was updated with a deeply egalitarian vision of the proletariat as a universal class." Liberal democracy is a very specific kind of government in which the morally and politically prior rights of citizens and the requirement of the rule of law39limit the range of democratic decision-making. profoundly anti-democratic. anti-democratic. to be coerced into compliance with the good of all." The dictatorship of the proletariat. do not exercise their sovereignty in ways that violate basic rights. in an important sense." In fact. France.620 HUMAN RIGHTSQUARTERLY Vol. 272. But what form of government is this? B. non-democratic regimes may (although they rarely do in practice) respect the rule of law. At this point. The people may choose to rule through standing. It is perhaps worth noting explicitly that there is no necessary connection between democracy and the rule of law. This content downloaded from 200. which have as their referent governments like Britain. Human rights advocates would respond. whatever the practical problems of real world Stalinist regimes. Conversely. can be remarkablyintolerant. or even perhaps several paragraphs earlier. in the name of democracy. Fair enough. Democracy and Class Dictatorship.24 on Wed. 32. For example. a frustrated reader might respond that people today do not have in mind ancient Greece or theorists like Kant and Madison. let alone Marx. Japan. 21 democracies often serve the particular interests of key constituencies.38Those claiming human rights who insist on pursuing class (or other selfish) interests inconsistent with the interests of the people/proletariat are. Direct democracy. human rights are. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . supranote 38. 59 (1986) POL'Y (providing a good. A central purpose of constitutional review is to assure that the people. See ROUSSEAU. neutral laws or through some other mechanism. in such cases. Miller. and the United States (or some other such list). India.' because it regularly frustratesthe will of the people.

.. "liberal"is used in reference to the non-Marxist left (antonym: conservative). Indonesia or Nigeria will only be a small 40. The democratic logic of popular rule operates only within the constraints set by individual human rights.203. in liberal democracies. SISK. say. The adjective also does the human rights work in consociational democracy. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C. This content downloaded from 200.24 on Wed. or other social groups are given special status in political decision making. and some rights-protective choices are mandated ("[e]veryone has the right . The link between electoral democracy (or democracy without adjectives) and human rights is much more tenuous.and Development 621 human rights are not merely compatible but are mutually reinforcing in contemporary liberal democracies only because of a particular resolution of the competing claims of democracy and human rights that gives priority to human rights..17. residents of a particular region. (discussing proposed contemporary applications in Africa). .IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART. In contemporary discourse."). this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second. Establishing a secure electoral democracy in. RONALDDWORKIN.. 1997). SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A.Democracy. the democratic logic of empowering the people is once more subordinated to a substantive.. Below. TIMOTHY 41. Catholics and Protestants in Holland. especially in the United States.1999 HumanRights." does most of The adjective "liberal. Beckett & ing the classic statement). However.42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition."40 the human rights work. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . (Electoral) democracy may remove violators of internationally recognized human rights. liberals. . See. The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective. Popular empowerment-democracy with no adjective (or with most procedural adjectives)-will realize human rights only to the extent that the people choose to do so. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. Much the same is true of corporatist regimes in which labor.41 However. which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). and supporters of need not take us very far toward implementing or enforcing many human rights. See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D. supporters of economic markets. rather than the noun "democracy. 1982). rightsbased logic that limits what the people or their representatives may legitimately do. PATTERNS eds. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies. Cf. The term "liberal" is used here only in this last sense."). DEMOCRATIZATION Crawford Young eds. 42.g. The consociational entrenchment of special rights for established social groups-for example. Schmitter e.

full. 21 (if valuable) step toward establishing a rights-protective regime. ANNAK. 9-53 A CRITICAL INTRODUCTION AND INTERNATIONAL RELATIONS: (5th ed. which grossly overemphasizes the mechanism of elections. 44. DICKSON. AMERICA. This is not a matter of "immature" (merely electoral) versus "mature" (liberal) democracies. especially in LatinAmerica and Central and Eastern Europe. AND CONSOLIDATION: SOUTHERN TRANSITION OF DEMOCRATIC LINZ& ALFRED STEPAN. VI. Furthermore. It may take longer to establish liberal democracies. 1994) (providing a standard textbook introduction). See also Myron Weiner.43 Liberal democracy is tempered or constrained in particular ways. Ratherthan completing or realizing the full logic of popular rule.45 This article will distinguish 43.17. ECONOMIC The literature is immense. standards.622 HUMANRIGHTS QUARTERLY Vol. they must achieve a difficult balancing of democratic and human rights principles. or robust. at 34 (1996). not simply a more fully developed electoral democracy. and perhaps even more contentious. as if they were a reasonable approximation to. no matter how hard or successful that struggle may be.DEVELOPMENT (1997) (serving as a useful starting point. Those not part of the majority-or whatever group exercises the power of the people-need the protection of human rights against the interests and will of the majority. April 1996. This is an especially important caution for US foreign policy. This content downloaded from 200. but that is because they must meet certain substantive. 45. even where anti-democratic forces have not reasserted themselves. TODARO. not quantitative. These "democratic revolutions" have undoubtedly benefitted human rights.44Working for (electoral) democracy. or a step toward the more or less automatic achievement of. DEMOCRACY. many of these countries continue to systematically violate numerous internationally recognized human rights. 7 J. of the recent theory and practice of democratic consolidation). See JUANJ. However. even though it is a basic introductory undergraduatetext). The struggle for human rights can be subtly yet significantly eroded if merely electoral democracies are treated. O'Donnell. DEFINING DEVELOPMENT Definitions of development are almost as diverse. which is subordinate to human rights in most cases of conflict. in contrast to a thin electoral democracy. is at best a partial first step to achieving the rights-protective regime envisioned by international human rights norms.PROBLEMS AND POST-COMMUNIST EUROPE SOUTH (1996) (discussing a powerful assessment EUROPE. not merely procedural. 67-99 P. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .203. even implicitly. liberal democracy puts popular rule in its "proper" place. Similar difficulties beset efforts to characterize liberal democracy as thick. See generally MICHAEL DEVELOPMENT. than definitions of democracy. The differences are qualitative.24 on Wed. Illusions About Consolidation. Many discussions of the late Cold War and early post-Cold War spread of (largely electoral) democracy have obscured these vital distinctions. See also Guillermo A. liberal democracy. These distinctions are not of mere theoretical interest.

ACCUMULATION ON A WORLD SCALE (1974). The Rise and Future Demise of the World Capitalist System.24 on Wed. 17 (1976). See. The Development of Underdevelopment. The most forceful and influential critics of the 1970s and early 1980s emphasized dependency. AND RESISTANCE (Frederique Apffel OF DEVELOPMENT: THE Marglin & Stephen A. Dependency: A Formal Theory of Underdevelopment or a Methodology for the Analysis of Concrete Situations of Underdevelopment?. Huntington eds. see ANDRE GUNDER FRANCK. THEORIES OF UNDERDEVELOPMENT 47. 1997). For a more extended discussion. CAPITALIST AGRICULTURE AND THEORIGINSOF THEEUROPEAN WORLD-ECONOMY IN THESIXTEENTH CENTURY THE MODERN WORLD-SYSTEM AND THECONSOLIDA(1976). and Development 623 between conceptions that emphasize either economic development. often very broadly understood.. 18 MONTHLYREV. Level of industrialization (or post-industrialization). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . political. POLITICAL DEVELOPMENT 3 (Myron Weiner & Samuel P. understood largely in terms of growth in national productive capabilities. DEVELOPMENT THEORY THE DEPENDENCY DEBATE IN TRANSITION: AND BEYOND(1984). 17 LATINAM. See also RICHARDA. See OF ECONOMIC GROWTH (1960).g... II: MERCANTILISM TION OF THE EUROPEAN WORLD-ECONOMY.1999 Human Rights. and popular mainstreams. pre-industrial state. IMMANUEL THE MODERN WORLD-SYSTEM: WALLERSTEIN. See also Gabriel Palma. ratherthan a natural. 1987). IMMANUEL WALLERSTEIN.. is a condition of maldevelopment produced by incorporation of a less developed state into the capitalist world system in a position of structuralsubordination.L. see MAGNUSBLOMSTROM & BJORN HETTNE. and those that stress human development.46 despite decades of criticism. HOLLIS WALT ROSTOW. PATTERNS OF DEVELOPMENT. MALDEVELOPMENT: ANATOMY OF A GLOBAL FAILURE (1990). e. Dependency theorists argued that underdevelopment.203. 1993). For a representative sample of leading work within the dependency perspective. overview). Democracy. The renaissance of market-oriented economic strategies in the past two decades has increased the reliance on growth conceptions of development: markets are social institutions tuned to maximize growth (aggregate output). perhaps the second most popular measure. Stirrat eds. RES. HIGGOTT. DISCOURSES OF DEVELOPMENT: ANTHROPOLOGICAL PERSPECTIVES (R. SAMIR AMIN. FERNANDOHENRIQUECARDOSO & ENZO FALETTO. This content downloaded from 200.. Marglin eds. ARTURO ESCOBAR. IAN ROXBOROUGH. (1979) (providing a standard critical overview). Immanuel Wallerstein.1600-1 750 (1980). 881 (1977) (presenting the best brief analytical Symposium. 1990). continues to dominate the economic. STUD.D. AN ANTHROPOLOGICAL CRITIQUE GROWTHOF IGNORANCE (Mark Hobart ed. 1992).. 16 COMP. Grillo & R. Defining development in terms of growth in per capita gross domestic product (GDP). CAPITALISM AND UNDERDEVELOPMENT IN LATIN AMERICA(1967). 387 (1974). THE DEVELOPMENT DICTIONARY: A GUIDE TO KNOWLEDGE AS POWER (Wolfgang Sachs ed. 1950-1 970 (1975). Andre Gunder Franck. 6 WORLD DEV. the dependency perspective usefully focused in UNDERSTANDING The Goals of Development.47Although moribund as a theory today. ENCOUNTERING DEVELOPMENT: THE MAKING AND UNMAKINGOF THE THIRD WORLD (1995) (exemplifying a more heterodox text). DEPENDENCY AND DEVELOPMENT IN LATINAMERICA (1979) (providing a subtle and powerful version of dependency theory). tends to be seen largely as an indicator of potential growth in GDP. POLITICAL DEVELOPMENT THEORY: DEBATE THE CONTEMPORARY (1 983) (discussing the parallel development of modernization theories in comparative politics). 115 (1982) (reviewing the symposium devoted to Cardoso and Faletto's work).THE STAGES CHENERY & MOISESSYRQUIN. SOC'Y & HIST. CULTURE. REV.17. SAMIRAMIN. 46. DOMINATINGKNOWLEDGE:DEVELOPMENT.

21 attention on the dark distributional underside. INTERNATIONAL GROWTH AND BASIC NEEDS: A ONE-WORLD PROBLEM. sustainable development perspectives also give much greater attention to environmental and other "externalities" excluded from neoclassical accounts. eds. of standard growth strategies. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . (1977). Brown eds.624 HUMAN RIGHTSQUARTERLY Vol. The result is a richer and more holistic understanding of economic processes. DEVELOPMENT OF ACTION FORSUSTAINABLE AGENDA 21: PROGRAMME (1992).51For instance. (1996). Nonetheless. the International Labor Organization's World Employment Program stressed increasing employment not only for its own sake but as a mechanism to spread income. both national and international. LABOUR OFFICE 51. 1974). e. SUSTAINABLE TAYLOR & AND ENVIRONMENTAL ASSESSMENT (Colin Kirkpatrick & Norman Lee eds. See also UNITED NATIONS CONFERENCE 50.. (Sylvie Faucheux See. SUSTAINABLE WORLD: INTEGRATING IN A DEVELOPING SOCIO-ECONOMIC DEVELOPMENT et al. SUSTAINPERSPECTIVES APPLIEDAND THEORETICAL IN THIRD WORLD COUNTRIES: ABLEDEVELOPMENT (Valentine DEVELOPMENT: (John Udoh James ed.RATIONALITIES... bilateral. see the World Bank's "Gender Net" at <http://www. and multilateral mainstream. more widely.17. This content downloaded from 200.AND PUBLICPOLICY AN DEVELOPMENT: Lemons & Donald A.49 More radical alternatives to growth-based understandings of development have emphasized equity or social justice rather than narrowly "economic" processes.g. See For an extensive illustration of the penetration of gender concerns. 52. Human development is defined as expanding the choices for all people in society: There are five aspects to sustainablehuman development-all affectingthe lives of the poor and vulnerable: 48. discussions of the role of women in development brought one set of distributional questions into the national. Postdependency? The Third World in an Eraof Globalization and Late205 (1997) (providing a brief account of the demise that Capitalism. DEVELOPMENT. per capita GDP. SUSTAINABLE AND ON ENVIRONMENT INTRODUCTORY GUIDE (1995). 49.52 UNDP's vision of "sustainable human development" provides the current culmination of the drive for a greatly expanded conception of development. AND STRATEGIES DEVELOPMENT: CONCEPTS. and thus the benefits of growth.ETHICS. See generally EMPLOYMENT. LANCE HUMAN DEVELOPMENT AND SUSTAINABLE REFORM RECONCILING ECONOMIC UTE PIEPER.htm>. 1995). 1997). thus.203. 22 ALTERNATIVES nonetheless acknowledges the continuing importance of dependency theory's underlying insights and motivations).. 1996)..24 on Wed.worldbank. 1998).. See Paul James. In addition to a broader time frame. In the late 1960s and 1970s. DAVID REID. SUSTAINABLE what is to be sustained is largely the capacity for autonomous increases in productive capability and.50 The World Bank over the past two decades has given growing attention to issues of equitable growth. IN DEVELOPING COUNTRIES INCOME DISTRIBUTION TO IMPROVE WITHGROWTH:POLICIES REDISTRIBUTION IN THECONTEXT OF ECONOMIC GROWTH(Hollis Chenery ed.48 One major mainstream response to concerns over blocked or distorted development has been to emphasize long run or sustainable growth.

org/policy/default. SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996). "redistribution with growth" is indeed a desirable objective. such as an educational system to which everybodyshould have access. such a definition fails to address the relationship between economic development and human rights. But it fails to address the relationship between the social and economic indicators of "human development. As with liberal democracy. this objective involves two processes. See K. For example. Sen eds. the securityof livelihood. "Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological. The resulting measure does tell us more about national conditions of life than GDP alone.It also increasestheir opportunity affectingtheir lives. along with democracy. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .24 on Wed. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. Tensions between these objectives cannot be evaded by stipulativedefinitions. POLICY DOCUMENT 2 (1997).. and justice. human development is concernedwith the ways in which people worktogetherand interact. peace. supra note 6.1999 HumanRights." which reflect very different political logics. two fundamentally different social and political logics are combined despite analytical and political reasons to draw attention to the differences between the logics of growth and redistribution. or endorse. Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities. This content downloaded from 200. which uses a measure that combines per capita GDP with life expectancy and literacy. that sometimes support and sometimes conflict with one another. People need to be freed Security-Particularly and fromsuddenharmful fromthreats.203.Democracy. available on <http://magnet. Setting aside the fact that neither most ordinary people nor governments use the term in this way. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. to participatein. deprivation. redistribution and growth. they should be rejected on analytical grounds. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity. "development" means sustainable 53.htm>. SEN.55 Thus for the purposes of this article.undp. as subsets of development. such as diseaseor repression disruptions in their lives. decision-making forpersonal fulfillment. However. INTEGRATING HUMAN RIGHTS. 1993). 54. Less radical equity-oriented conceptions face similar problems.53 Although the motives behind such efforts are admirable. "Sustainable human development" simply redefines human rights. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger. at 3. 55.17. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report.

6 J. 6 J. Compare Adam Przeworski & Fernando Limongi. DEVELOPMENT AND HUMAN RIGHTS57 In the early 1980s. Economic Reform and Democracy. Jack Donnelly.155 (1997) (showing. 1986. at 3. 36 WORLD This content downloaded from 200. Apr. See generally Symposium. in PEOPLES AND MINORITIES 119 (Catherine Brolmann et al.A. ModernizaPOL. largely avoided. Symposium. DEMOCRACY. rather than a definitional. The conception of development here is about as broad as "sustainable human development. Annex. and analytical wisdom of recognizing such a human right). in which all human rights and fundamental freedoms can be fully realized. Human Rights and Development: Complementary or Competing ConPOL. and perhaps even morally problematic. at 50 (1995) (for a recent argument emphasizing the compatibility of democracy and economic development. Oct. See also Jagdish Bhagwati. through cross-national tion: Theories and Facts. legal. G." and poses similar analytical drawbacks. eds. The New Thinking on Development. which often were presented as necessary. In Search of the Unicorn: The Jurisprudence of the Right to Development. contribute to. at least in the short and medium run. at 102-56. Here. adopted 4 Dec.. 1 (1996) (finding a T.473 (1985) (arguing against the moral. This definition is in some ways stipulative. at 5-118. Poole. 5 J. 15 CAL. and thus growth) and the liberty tradeoff (sacrifice of civil and political rights in the name of efficiency or a concerted national war on underdevelopment). GAOR. Given that most states show at least as much vigor in their pursuit of growth as their pursuit of human rights. between development and human rights. Res. Economic Reform and Democracy. 41/128. 1993). 255 (1984). 21 growth of per capita GDP.203.56 VII. political. DEMOCRACY. that economic development does not facilitate transitions to democracy." Id.N. INT'L L.W. 49 WORLD more generally positive relationship between development and democracy). Doc. Oct. Does High Income Promote Democracy?. question. A/Res/41/128/Annex (1987).58The author of this article identified two commonly asserted tradeoffs: the equity tradeoff (sacrifice of distributional equity in favor of rapid capital accumulation. but ratherthat it strengthens established democracies) with John Benedict Londregan & Keith POL. 1994. proclaims that "The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in. Nevertheless it treats the relationship between human rights and "development" as an empirical. and enjoy economic. DEMOCRACY.N. social.J. most analysts saw a fundamental conflict. 41st Sess. 57. any bias in favor of drawing attention toward tensions between human rights and development seems well justified. U..626 HUMAN RIGHTSQUARTERLY Vol.17. Third ININTERNATIONAL LAW Generation Rights.Jack Donnelly. 49 WORLD analysis. especially the equity 56. this article simply notes that recognizing a separate human right to development still leaves unaddressed the relationship between economic development and the human rights specified in the Universal Declaration and the Covenants. The Declaration on the Right to Development. 58. and in some cases had been. by an author who had earlier argued for the necessity of a tradeoff). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . cultural and political development. U. cerns?. See Jack Donnelly.24 on Wed. 1995. could be. 1995. These tradeoffs.

Those forced to sacrifice personal rights and liberties usually have not received development (sustainable growth) in return. an emphasis on transparency. especially when. Taiwan. See id. For example. This content downloaded from 200. Burma. short and medium run growth proved unsustainable. UNITED QUEST FOR GOOD GOVERNANCE NATIONSDEVELOPMENT THE SHRINKING STATE: AND HUMAN DEVELOPMENT IN GOVERNANCE PROGRAMME. Development and Civil and Political Rights Simple assertions of the interdependence of development and civil and political rights60certainly go too far. there is a growing tendency to emphasize compatibilities between civil and political rights and development. 1998). Largely because of this experience. In socialist party-statedictatorships.. 62. 60.24 on Wed. A VOICE FOR THEEXCLUDED: IN DEVELOPMENT PARTICIPATION DEVELOPMENT AND GOOD GOVERNANCE (Konrad (1994). blanket advocacy of the liberty tradeoff-a staple of the 1960s and 1970s-is rarely encountered today. however.Democracy.and Development 627 tradeoff. South Korea. AND DEVELOPMENT See WORLD BANK.61 "Soft" authoritarianism still receives some respect. either inside or outside the country. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . China is the major exception that proves the rule. A. SUSTAINABLE Ginther et al.1999 HumanRights. eds. 1995). and China in the 1990s replicated the earlier experience of Western Europe. WOLFE." Although far short of advocating the full range of internationally recognized civil and political rights. supra note 23. have been dismal failures. but against the background of a somewhat different dominant mainstream.17.62 59.203. However. EASTERN EUROPE AND THECOMMONWEALTH OF INDEPENDENT STATES (1997). For recent regional applications. Deng & Terrence Lyons eds. In Sub-Saharan Africa. promised economic goods are in fact delivered. For example. Most recently. When the rhetoric is repeated in places like North Korea.59Here this article will continue to emphasize the contingency of the relations between human rights and development. and the rule of law does characteristically lead to advocacy of electoral democracy and a considerable range of civil liberties.. GOVERNANCE (1992) (providing an important multilateral See also MATTHIASTIEFEL & MARSHALL POPULAR statement). and Belarus. and Singapore in the 1970s and 1980s. as in Singapore. along with most LatinAmerican and Asian military dictatorships and civilian oligarchies. few take it seriously. Most developmental dictatorships. accountability. Some highly repressive regimes have achieved sustainable industrial growth. even short-term growth often was not achieved. see AFRICAN RECKONING: A (Francis M. 61. see 1998 Question. international financial institutions in the 1990s have increasingly emphasized the economic contributions of "good governance.

Their experiences suggest that a considerable degree of economic efficiency (and thus market mechanisms) is necessary for sustainable progress in implementing economic and social rights.17. Human Rights and Economic Achievements. is more complex. there is little evidence that repression has been necessary for. the right to economic accumulation). In addition to the consequences for economic and social rights. Markets and Economic and Social Rights The relationship between development and economic and social rights. perhaps. This is importantfor the purposes of this article because growth (and thus markets) seems to be substantively linked to economic and social rights. Bell eds. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 21 In any case. the economic chiropractic of structural adjustment frequently brings governments into popular disrepute. 1999) (discussing the FORHUMAN RIGHTS EAST ASIAN CHALLENGE Cf. because the liberty tradeoff has never been seen as intrinsically desirable. not social equity or the enjoyment of individual rights for all. Markets foster efficiency. in THE This content downloaded from 200. development.24 on Wed. Bauer & Daniel A. even in the relatively rare cases where sustained economic development has been achieved by highly repressive regimes. (free) markets are justified by arguments of collective good and aggregate benefit. Smoothly functioning market systems of production and distribution characteristically produce a greater output of goods and services with a given quantity of resources than alternative schemes. 63. relationship between civil and political rights and development in the context of recent "Asian values" debates).628 HUMAN RIGHTSQUARTERLY Vol. Rather than ensure that every person is treated with concern and respect. 64. which often weakens democracy and encourages violations of civil and political rights. an emphasis on the compatibility between civil and political rightsand economic development is entirely appropriate. markets systematically deprive some individuals in order to achieve the collective benefits of efficiency. what is at times an almost uncontainable contemporary enthusiasm for markets is extremely problematic from a human rights perspective.203. Markets are social institutions designed to produce economic efficiency.. especially when we consider the role of markets. Therefore. however. not individual rights (other than.63 B. 88 (Joanne R. Nonetheless. There is thus an almost tautological relationship between markets and rapid growth. rather than compatible with. Amartya Sen.64 Like (pure) democracy. Countries such as Cuba and Sri Lanka achieved short and medium run success but long run failure under development plans that emphasized state-based (re-)distributionover market-based growth.

The human value of suffering. Market advocates typically argue that. markets and private property rights-are recognized as having a right to a fair share of the social product their participation helped to produce. In the here and now.203.24 on Wed. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Assuaging short-term suffering and assuring long-term recompense are the work of the (welfare) state. many real.Democracy. and the claims they justify are excluded from the accounting of markets. Therefore. Even worse. The collectivity that benefits in the aggregate has an obligation to look after individual members who are disadvantaged in." however.17. or inferior health care or education. Even "he" is assured significant gain only in the future. Markets simply cannot address them This content downloaded from 200. Individuals who are harmed by the operation of social institutions that benefit the whole-in this case. services. which varies sharply and systematically across social groups (as well as between individuals). markets. Market distributions are based on contribution to economic value added. not efficiency." such as lost jobs. Those who suffer "adjustmentcosts. C. markets distribute the benefits of growth without regardto short-term deprivations. rights. One's "fair share" is a function solely of efficiency. and obligations. Rather the referent is the average "individual. in return for such short-run disadvantages for the few. That suffering is concentrated among society's most vulnerable elements. higher food prices. not the market. and well into the future. individual human beings and families suffer. The welfare state guarantees all individuals certain economic and social goods. Their plight is exacerbated when economic and political disadvantage interact in a vicious rights-abusive cycle. does not mean each and every person. The Welfare State All existing liberal democracies compensate (some of) those who fare less well in the market through the welfare state (which. remains a powerful force in all existing liberal democratic regimes and a central source of their legitimacy). flesh and blood. and opportunities irrespective of the market value of their labor. they have fewer of the skills valued highly by markets. Efficient markets improve the lot of some-ideally the many-only at the (relative and perhaps even absolute) cost of suffering by others.and Development 629 Marketsdistribute growth without regardfor individual needs and rights (other than property rights) necessarily and by design.1999 HumanRights. the human costs of deprivation. or harmed by." an abstract collective entity. "Everyone. These are matters of justice. acquire no special claim to a share of the collective benefits that efficient markets produce. The poor tend to be "less efficient": as a class. everyone benefits from the greater supply of goods and services made available through growth. of monetary value added. they are systematically disadvantaged. despite cutbacks.

Because this minority is shifting and indeterminate-much like the minority that would engage in unpopular political speech or be subject to arbitrary arrest-these "minority rights"are actually individual rights for all.24 on Wed. like pure democracy. sacrifice individuals and their rights to a "higher" collective good. Democracy is certainly preferable to authoritarian rule. The welfare state. and human rights gives the liberal democratic welfare state its hegemonic appeal. it is especially importantto keep human rights at the center of our attention. each objective is much less attractive. This particular. Human rights are required to civilize both democracy and markets by restrictingtheir operation to a limited.203. Only when the pursuit of prosperity is tamed by economic and social rights. However. are preferable This content downloaded from 200. rights-defined domain. Welfare states.17. In particular. we must not lose sight of the no less profound human rights defects of markets. Democracy. such as when markets are embedded in a welfare state. market efficiency.this article has emphasized the shortcomings of both democratic decision making and market-led growth in the absence of a prior commitment to the full range of internationally recognized human rights. Without denying the contributions to economic and social rights that can flow from efficiency. Free markets. does a political economy merit our respect. VIII. however. development.contingent conjunction of democracy. or deprived by. Marketsand elections-"market democracy" in the language of Clinton administration foreign policy-are of largely instrumental value from a human rights perspective. Without market efficiencies and democratic electoral politics. is preferable to electoral democracy. and internationally recognized human rights. and human rights may be pursued in ways that are mutually reinforcing (as well as mutually limiting).630 HUMANRIGHTS QUARTERLY Vol. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . THE LIBERAL WELFARE STATE DEMOCRATIC The liberal democratic welfare states of Western Europe. Japan. Separately. Liberaldemocracy. markets is treated with minimum economic concern and respect. However. development. internationally recognized human rights are indeed at grave risk. from this perspective. Markets certainly are preferable to command economies. 21 because they are not designed to do so. markets and democracy alone do not even try to realize all human rights for all. Inthe post-Cold Warera of democratic and markettriumphalism. and North America are attractive models for much of the rest of the world because of the particular balance they have struck between the competing demands of democratic participation. they need not be. is a device to assure that a minority that is disadvantaged in. Free markets are an economic analog to a political system of majority rule without minority rights. however.

but because we think that we have good reason to believe that empowering the people is the best political mechanism we have yet devised to secure all human rights for all. Rightsprotective regimes will also pursue economic development." Although in principle this is possibly correct. But development is desirable as much for the resources it makes available to provide economic and social rights for members of disadvantaged groups as for the intrinsic values of the goods produced. the core objective of human rights would move away from the center of the discussion. or glossing over the crucial qualifying adjectives. Nonetheless. In both cases. not primarily because they empower the people.and Development 631 to free markets. All actual liberal democratic welfare states fall short of realizing all human rights even for their own nationals.1999 HumanRights. by talking about democracy? The argument of this article thus might be reformulated as a plea for a focus on the creation of rights-protective regimes. especially in international policy contexts. the crucial adjectives that would need to be incorporated into such definitions would probably slip quickly out of the discussion. CONCLUSION One might respond that the preceding argument could be addressed simply by defining "democracy" (or "development") "properly. and human rights achieved in the liberal democratic welfare state is worthy of our highest praise and sustained effort. This content downloaded from 200. They are desirable. Only the particular combination of democracy. only such states are systematically committed to the full range of internationally recognized human rights. development. Only in such states do robust markets and democracies operate within systematic limits set by human rights. And as they did. only (or at least primarily) because of such limits are these states' markets and democracies worthy of emulation. we need to keep human rights in the forefront of the language by which we speak of them. as defined by the Universal Declaration of Human Rights. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . If we are really interested in regimes that protect the full range of internationally recognized human rights-which is what most well-meaning Western advocates of "democracy" seem to have in mind-why not just say that? Why take the risk of being misread. in practice. however. In addition.24 on Wed.203. IX. If the deepest and broadest attractions of the regimes we most admire arise from their commitment and contribution to human rights.Democracy. Those regimes will be democratic. a logic of universal individual rights constrains an essentially collectivist and utilitarian logic of aggregate benefits in order to assure that the common good or good of all is pursued in ways consistent with the rights of everyone.17.

632 HUMAN RIGHTSQUARTERLY Vol. to contemporary US foreign policy. and basic civil liberties that in the initial post-Cold War euphoria many had hoped were behind us. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . this article has tried to underscore the dangers of confusing means (markets and elections) with ends (human rights). we have seen a shift from even the Bush administration's characteristic talk of market democracy. development. Over the past decade. that if we do not keep human rights explicitly at the center of the discussion we risk placing needless conceptual and practical hurdles in the way of pursuing democracy and development in ways that contribute fully to the overriding objective of creating truly and fully rights-protective regimes. personal security. however. This elision of human rights has been subtle and by no means complete. In (almost certainly over-) emphasizing tensions between human rights and democracy and development. official US policy has come to prefer the language of markets and democracy. It is clear. Today. When it comes to broader positive ideals. and human rights that are possible when the overriding goal is all human rights for all.24 on Wed. More positively. however. impassioned talk of human rights is largely reserved for the sorts of crude violations of the rights to life.203. and thus the substantive commitment to human dignity. This article can thus be read as a plea to keep human rights. This content downloaded from 200. This article also speaks clearly. But they have usually seen democracy and development not as ends but as means to a life of dignity. if sometimes implicitly. it has tried to refocus attention on strengthening national and international practices that foster a particular range of (contingent) complementarities between democracy.17. Human rights still make a regular appearance in every important speech. Exactly what such policies are is well beyond the scope of this article. explicitly central in our political language. 21 Countless people over hundreds of years have struggled and suffered for democracy and development. But the real passion (and resources) usually are saved for markets and democracy. Contemporary international society has in substantial measure defined such a life of dignity in terms of respect for internationally recognized human rights.

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