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

human rights has been a regular. In the past decade. Rts. if controversial.4/1998/72 (1998).."3 LANGUAGEOF LEGITIMACY II.N.157/24 (1993).unhchr.htm> (giving recent examples where sources repeat information from the Vienna Declaration).N. Whatever a ruling regime's sociological and ideological bases. 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. available on <http://www. 3d Sess.A. adopted 10 Dec. part I. ? 9.4Since the 1970s. A/Res/52/148 (1998). 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.. Res. cross-cultural political law. U. Most polities throughout history have rested authority on a divine grant. C. development. 217A (III). Vienna Declaration and Programme of Action. U. A/810 (1948).1999 HumanRights. Doc. available on <gopher://gopher. 43 AM. GAOR.N. international human rights norms require democratic government. 70th plen. however that may be understood locally. A/CONF.Democracy. Rts. or lack thereof. U. natural order. Res. World Conf. 58th mtg. mtg. U. age.N. 1949) [hereinafter UDHR].H...L.203. ESCOR. U.and Development 609 "[d]emocracy. issue in bilateral and multilateral politics. on Hum. and human rights have importantconceptual and practical affinities. See also Comprehensive Implementation of and Follow-up to the Vienna Declaration and Programme of Action. (Resolutions. The Right to Development. human rights has joined democracy and development to complete a triumvirateof factors that indicate a government's legitimacy. 127 (Supp. U. reprinted in 32 I. 1998/72.htm> [hereinafter Vienna Declaration]. most regimes have appealed to bottom-up authorization from "the people" rather than a "higher"source. INT'L This content downloaded from 200. GAOR.N. mtg. reprinted in L. U. The ability to ensure democracy has much less regularly been a ground for determining a regime's legitimacy. Res. ? 4. at 71. Agenda Item 112(d). Most obviously. or tradition that legitimated hierarchical rule by those with superior virtue (defined by birth.M.J. typically leads to serious political challenge. 1948.A..148>.17. 1 8. Universal Declaration of Human Rights. Doc. its sustained or severe inability to deliver prosperity. G. G.. part 1)..N. available on <http://www. For the past half century. Democracy. GAOR 3d Comm. 1661 (1993). development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. or power).ch/html/menu5/d/vienna. 148. skill. 52d Sess. 54th Sess. 48th'n on Hum. wealth. Article 21 of the Universal Declaration 3.res/72.. Doc. 22d plen. however..24 on Wed. Doc. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .un.N. U. E/CN.N.

in post-Cold War international society. For example.24 on Wed. as symbolized by its decision last year to become a party to the international Covenant on Civil and Political Rights. China largely rejected the language of international human rights. Twenty-five years ago.17.undp. may restrict predatory misrule that undermines development.7 5. In recent years. Interdependence. only a few states publicly justify systematic denials of internationally recognized human rights. However. In other words. By contrast. civil and political rights. however.203. and development is both possible and desirable. In its initial responses to criticisms of the Tienanmen massacre. 7. 21. Id. it is not automatic or inevitable. UNITED NATIONS DEVELOPMENT INTEGRATING HUMAN RIGHTSWITHSUSTAINABLE DEVELOPPROGRAMME. although not strictly necessary for development. 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). MENT: A UNDP POLICY 2 (1998). between human rights. In addition. The redistributions required by economic and social rights similarly seek to assure that prosperity is diffused throughout society. the people often want to do extremely nasty things to (some of) their "fellow" citizens. rather than concentrated in a tiny elite. China accepts the authority of internationally recognized human rights in principle. For example. China has argued that it has a distinctive human rights strategy appropriate to its special conditions.html> [hereinafter INTEGRATING This content downloaded from 200. However. 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. realizing such affinities is largely a contingent matter of context and institutional design. 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. especially in the short and medium run.610 HUMAN RIGHTSQUARTERLY Vol. a recent United Nations Development Program (UNDP) policy statement asserts that "human rights and sustainable human development are interdependent and mutually reinforcing. China justifies deviations from international norms by appealing to other parts of the same set of norms. policy5. even synergy. Countries such as South Korea and DOCUMENT HUMAN RIGHTS]. can help to channel economic growth into national development rather than private enrichment. democracy. 21 states that "[t]he will of the people shall be the basis of the authority of government. available on <http://magnet. China is an example. arguments of interdependence are the norm."6 Today."5Democracy. Conversely. art. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 6. by providing accountability and transparency. not to mention most of Western Europe in the nineteenth century. namely those that validate cultural relativism. suggest that development can be sustained for decades despite the systematic denial of civil and political rights.

Whilethe significance of national and regional andvarious particularities culturaland religiousbackgrounds must be borne in mind. For example. The power of the idea of human rights should not be overemphasized. especially the smaller. Official policy statements are often disingenuous. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Economic failure has been central to the collapse of these regimes. northern members of the EU enjoy vigorous and open competitive electoral systems and an unusually strong consensus on basic political 8. northern members of the European Union (EU). Nonetheless. despite the substantial efforts of China and its allies on behalf of a strong cultural relativism.24 on Wed. TheViennaDeclaration assertsthat"theuniversal natureof these rightsand freedomsis and "reaffirms the importance of ensuring the universality. Politically. 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. national security states-which sacrificed whatever and whomever they deemed necessary in the struggle against communism-have also become largely discredited. most states today prominently feature appeals to human rights.1999 HumanRights. historical. Id. where it has been the most common form of government since promoteand protectall human regardless political. Similarly. Likewise. Appeals to cultural relativism and national particularities have hardly disappeared from discussions of human rights. of their economic and culturalsystems. 5. military rule is in decline even in Sub-Saharan Africa. withthe sameemphasis.17. democracy. "The promotion and protection of human rights and fundamental freedoms This content downloaded from 200. indivisible and interdependent and interrelated. they remain deeply committed to an extensive."Vienna Declaration. the surprisingly strong endorsement of the universality of internationally recognized human rights at Vienna in 1993. 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. Although they are economically very well off. The international musttreathumanrights on the samefooting. I1] 1.203. freedoms.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. 1 32.Democracy. Popular demands for democracy and human rights have often been na've. supranote 3. In addition. ? 8." Id. and development in their efforts to establish national and international legitimacy. redistributive welfare state. beyondquestion" objectivity and non-selectivity of the consideration of human rightsissues. the fall of Kaunda in Zambia and Suharto in Indonesia are striking examples of the declining appeal of paternalism.8 Whatever the gap between theory and practice. it is the duty of States.and community globallyin a fairand equal manner. illustrates the dramatic change in dominant international attitudes. All humanrights are universal. rightsand fundamental at the national and international levels should be universal and conducted without conditions attached.

political.N. 84 (1992). A/6316 (1966).10The International Covenant on Economic. Y. See THEODORMERON. This content downloaded from 200. and development were misguided.N. As such they are equal rights. Where do such rights come from? How do we determine which particular human rights we have? Such philosophically vital questions are immensely contentious. 82. G. because no matter how inhumanely we act or are treated we cannot become other than human beings. 10. we can take them as having been authoritatively answered. However. L. International Covenant on Civil and Political Rights. 2200 (XXI). Social and Cultural Rights. Legal Theory.S.T. Supp.. 1966.612 HUMAN RIGHTSQUARTERLY Vol. 993 U. adopted 16 Dec. The struggle for human rights certainly has been fostered by an awareness that many Cold War era claims of conflicts between human rights.B. 12 AUSTL. 171 (entered into force 23 Mar. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Jus Cogens. No. U. 21st Sess. 2200 (XXI). GAOR. and social rights. Real conflicts between the logics of democracy. Doc. 16.11 The Vienna 9. U. A/6316 (1966). Social and Cultural Rights has 141 parties. 1966. this article argues that the Western liberal democratic welfare states' fusion of development. DEFINING HUMAN RIGHTS Human rights are. U. HUMAN RIGHTSAND HUMANITARIAN NORMS AS CUSTOMARY LAW 79 (1989). however. which has arguably acquired the status of customary international law. In the fifty years since the United Nations General Assembly adopted the Universal Declaration of Human Rights.17. GAOR. 16.. Res. and human rights. InternationalCovenant on Economic. Res. No.A. Bruno Simma & Philip Alston.F.24 on Wed. 21 values and structures. elections (democracy). adopted 16 Dec. III. Supp. 999 U. and human rights reflects a distinctive and contingent balancing of markets (development). Unless democracy and development are understood and pursued in very particularways. virtually all states have endorsed the Declaration.N. Doc. democracy. They are also inalienable rights. however. ILL. INT'L Efficacy and Validity in the Development of Human Rights Norms in International Law.N. 11. they may place human rights at risk. G.9 The International Covenant on Civil and Political Rights currently has 144 parties.S.203. the rights that one has simply as a human being.T. democracy. 1976) [hereinafter ICCPR]. Nowhere else has so much progress been made in assuring that almost the entire population enjoys most internationally recognized civil. J. Watson. The Sources of Human Rights Law: Custom. literally. economic. and individual human rights. L. 3 U. and General Principles. development. are often overlooked today.U. 3 (entered into force 3 Jan.N. 1976) [hereinafter ICESCR].S. For the purposes of contemporary international relations. because we are all equally human beings. 609 (1979) (giving a skeptical view of the UDHR as customary law). 21st Sess.A.N.

"'4 The Vienna Declaration uses almost the same language: "all human rights derive from the dignity and worth inherent in the human person. 15. art. Regional instruments identify human rights as deriving from similar sources.S.23. The legitimacy of a state."'3Likewise. Although this priority is rarely categorical. the protection of public health or morals or the protection of the rights and freedoms of others. ? 2.L. 1292 (1975) (stating that human rights "derive from the inherent dignity of the human person"). public order (ordre public). pmbl.L/V/11. 1.M.M. art. 56 (1989) (basing human rights "on the recognition of the dignity of the human person"). African Charter on Human and Peoples' Rights. rev.supra note 10. . reprinted in 14 I. services. 1986). 73 Dep't State Bull. ICCPR.673 (1970) (stating that "the essential rights of man . Conference on Security and Cooperation in Europe: Final Act (Helsinki Accord). adopted 1 Aug. 323.supra note 10. UDHR. pmbl. pmbl. 21. reprinted in 21 I. protects. See Vienna Declaration. both Covenants assert that "these rights derive from the inherent dignity of the human person.L.L.T.Additional Protocol to the American Convention on Human Rights in the Area of Economic. 1988. See American Convention on Human Rights.203. 16. supra note 3. from a human rights perspective. human rights specify an inalienable set of individual goods.A. adopted 26 June 1981. supra note 11. and realizes the "natural"or 12. Off. are based upon attributes of the human personality"). pmbl.17.M.24 on Wed.'2 For better or worse-and in most regards. Vienna Declaration. Doc. Thus. 6 (1979) (entered into force 18 July 1978). simply as a human being. is a function of the extent to which it respects. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions ." Id.L. supra note 3. although individuals are properly subject to a great array of social and political obligations. is entitled to enjoy her human rights. art."15 Every person. 1975.M. 58 (1982) (stating that "fundamental human rights stem from the attributes of human beings").'6 rights ordinarily "trump" other legitimate claims17 of the state and society. 1969. Democracy. Rec. O. For example. in ordinary circumstances.A. and Development 613 Declaration was adopted by consensus by the 171 states that participated in the 1993 World Conference.U. O. No. approved 14 Nov. and opportunities that the state and society are. required to respect or provide. 13. 28 I. SERIOUSLY DWORKIN.A.S. "[a]ll human beings are born free and equal in dignity and rights. doc. Social and Cultural Rights ("Protocol of San Salvador"). . 36. RONALD TAKING RIGHTS xi passim (1997).1999 Human Rights. See ICCPR. reprinted in 9 I. O. 17. supra note 4. OEA/Ser. 5 (entered into force 21 Oct. SI 3.S. Internationally recognized human rights arise from the inherent (moral) nature of the human person. signed 22 Nov. ICESCR. This content downloaded from 200. human rights restrictthe legitimate range of state action. Article 1 of the Universal Declaration begins. Because these inherent rights of individuals have prima facie priorityover the interests and desires of society and the state. for the better-these documents set the meaning of "human rights"in contemporary international society. 14. S 3. See id. 4 (for derogations from selected obligations in times of declared public emergencies that threaten the life of the nation). ?] 2. CAB/LEG/67/3 Rev. 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.

however.. inordinate attention was given to self-determination and racial discrimination. Part I. 1[ 10. and society have been the norm throughout most of history. pmbl. (1989). 22.21In the United Nations. the United Nations Commission on Human Rights has rights. official rhetoric held that all human rights were "interdependent and indivisible. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions ."22 adopted a series of resolutions that have reaffirmed "the universality. 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. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. 21. This content downloaded from 200. states. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations.614 HUMAN RIGHTSQUARTERLY Vol. the year of the fiftieth anniversary of the Universal Declaration."23 Thus. has chosen to endorse human rights in the strongest possible terms. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights. the preamble emphasizes "the responsibilities of all States . the motto of the office of the High Commissioner for 18. other systems for regulating relations between individuals.203. most Western states.UNIVERSAL 20. In much the same vein. Contemporary international society." The existence of two separate Covenants. Today. however. gave extensive attention to both groups. 21 human rights of its citizens. supra note 4.20 During the Cold War era.. In this regard. supra note 3. By the 1970s. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. EI 1. 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. the United States is a deviant outlier among Western states.24 on Wed. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY.17. See Question of the Realization in All Countries of the Economic. years ago. Vienna Declaration. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five. social.socialist and most African and Asian states emphasized economic. 23. UDHR. 19. or even ten." Id. pmbl. their protection and promotion is the first responsibility of Governments."19In all regions of the world.claiming in its very firstoperative paragraph that "human rights and fundamental freedoms are the birthright of all human beings. Vienna Declaration. as in so many others in the field of human rights. in 1998. and cultural rights to the exclusion of civil and political rights. In particular. most Western states similarly over-emphasized civil and political rights. supra note 3. however. In the 1950s and 1960s. Part I. better reflected the reality of highly selective approaches. in both their domestic practice and international pronouncements. however."18 Vienna Declaration is unusually forthright. indivisibility. Social and Cultural Rights.

Social and Cultural Rights. U. Doc. The demos for the Greeks. Doc. and Development 615 Human Rights was: "all human rights for all.supra note 6. in contradistinction to monarchies and aristocracies.24 on Wed.N.N.4/1997/17 (1997)."26 Throughout most of its history. economic. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic.41998/33 (1998).. oligarchic (rule of the few). Comm'n on Hum. ESCOR. ESCOR. Rts. This content downloaded from 200. Question of the Realization in All Countries of the Economic. at vi.. U. Social and Cultural Rights.res/ 44. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. vii. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights. but with the same social connotations as the transliterated term in Victorian England. Question of the Realization in All Countries of the Economic. E/CN. Comm'n on Hum. social and cultural systems and their full participation in all aspects of their lives.res/11. MODELSOF DEMOCRACY 2 (1987).. 54th Sess. available on <http:// www..unhchr..N.203.17. ESCOR. or plutocratic (rule of the wealthy) "betters. rule of the best). the theory and practice of democracy 24. the Greek demokratia which literally means rule or power (kratos) of the people (demos).1999 Human Rights. I 4(d). a class (of males) that excluded slaves and resident aliens. 51st mtg.. even in its "Golden Age.unhchr. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Vienna Declaration. Mary Robinson. the masses: hoi polloi. in INTEGRATING HUMAN RIGHTS. 53d Sess.4/1996/11 (1996). preliminary ? 3. the Vienna Declaration's account of democracy is rooted in the etymology of the term.N.htm> [hereinafter 1998 Question]. U. 998. E/CN. but rathera particularsocial class. This class often saw their interests as opposed to their aristocratic (literally. was not the whole population. 26. See also Vienna Declaration. pmbl. U. DEFINING DEMOCRACY "Democracy is based on the freely expressed will of the people to determine their own political.htm>. Which the Developing Countries Face in Their Effortsto Achieve These Human Rights. Athenian democracy. the people rule. Part html/menu4/chrres/1997.N.N. available on <http://www. however. Doc. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . DAVID HELD.the many. U."24This article pursues some of the implications for democracy and development of this commitment to all human rights for all. literally."25This statement from the Vienna Declaration is as good a place as any to begin.res/1 7.unhchr. available on <http://www. S 8. 52d Sess." was class rule by ordinary citizens. supra note 3. Rts. 56th mtg.. Message from the High Commissioner for Human Rights. U. supra note 3. Comm'n on Hum. Democracy.htm>. 1 3(c).. Like all plausible definitions. Rts. 35th mtg." Thus David Held begins Models of Democracy by defining democracy as "a form of government in which. IV. E/CN.

counterbalanced the interests and claims of the many by those of the few with superior wisdom or virtue. Q. for example. 29. Africa. This limited scope is relatively unproblematic for the purposes of this article.616 HUMAN RIGHTSQUARTERLY Vol. Here. be obligedto justify theiractionsto the ruledand be removable by the ruled. 1995. 27. 725 (1996) (giving an IDEAS Citizenship and Culture in EarlyModern Europe. however." the lesser of two evils-or at least the one whose shortcomings have not been recently experienced.24 on Wed. as a device to limit abuses of power or balance competing class interests. a bad name.29 What. HIST. Unless we assume. Democracy as a result has had. 21 has focused on opposing claims to authority by competing social classes. otherwords. See Philip J. 20 HUM. in the sense that all should be involved in legislating. the strong democrats of the French Revolution were largely defeated: the term democracy did not gain widespread political currency in France until deciding on generalpolicy. Democrats did not become a major force for forty years. from Aristotle to Machiavelli to Madison and Kant. That all should govern. 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. the negative connotations even today of "demagogue.17.203. Stephen P.28 Only during the past two centuries have liberal." and thus delegitimated non-democratic rule. at 140 (1995). though." which literally means leader of the people. FRENCHREVOLUTION (1996) (discussing the influence of the French Revolution). Democracy-especially electoral democracy-has also been advocated on instrumental grounds. Likewise. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions ." The leading political parties in the early republic were Republicans and Federalists. or the Americas developed a politically significant conception of direct popular rule prior to extensive Western penetration." Thus from Plato and Aristotle through Kant and Hegel. 28. does it mean for the people to rule? Held offers a partial list of common meanings: 1. However. Even the American revolution was more "republican" than "democratic. Thatall shouldbe personallyinvolvedin crucialdecision making. Consider.27 Even advocates of mixed or "republican" regimes. History of the Word "Democracy" in France. This content downloaded from 200. RTS. as few societies have. democracy was disparaged as incompatible with good rule. in applyinglaws and in governmental administration. Thatrulersshouldbe accountable to the ruled. 6 J. See also Peter N. Marks. and anti-colonial struggles transformed dominant conceptions of "the people. In some liberalizing and post-authoritarian regimes it has also been "defended" as a "defaultoption.that is to of generalpolicy. socialist. this article addresses only the Western tradition of political thought and practice.they should. because none of the "great"state-based civilizations of Asia. say in decidinggenerallaws and matters 3. here this article is only interested in arguments that advance democracy as an intrinsically desirable form of rule. 2. and not just because democrats until the late eighteenth century almost always lost. for example. 459 (1998). LYNN HUNT. interesting review of recent work on seventeenth and eighteenth century alternatives and precursors to democracy). Costopoulos & Pierre Rosanvallon. Miller. The Oct. until relatively recently. that reason or virtue are more or less randomly distributed among citizens or subjects. 57 J. the claims of ordinary citizens to rule rest on "mere numbers.

Thatrulersshould act in the interests of the ruled. 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. namely that rulers act for the ruled. 7. and Ottoman sultans all (contentiously yet plausibly) claimed to rule in the interests of the people.30 617 The last of these common meanings."31 Democratic theories often are distinguished by their reliance on "substantive" or "procedural" tests in making this determination. at 3 (drawing heavily on a list in JACKLIVELY. if that term is to mean more than the absence of systematic misrule by a narrow segment of society. namely that all are involved in crucial decision making. supra note 3.Democracy. which frequently is not the same as the aggregated preferences of individuals and groups.. at 199. Cole trans. For example. See JEAN-JACQUES THE SOCIALCONTRACT AND THEDISCOURSES 202 (G.H. it is [While]it is not impossible at leastimpossible forthe agreement to be lastingand constant. requires extensive direct participation by citizens. This content downloaded from 200. Bourbon kings. although often encountered.D. All of Held's definitions are extremely open. In contrast. Id." the reflective.203. however. while the generalwill tendsto equality.17. is not a defensible conception of democracy. 5. and the sixth meaning.1999 HumanRights." which often expresses only particular individual and group interests. democracy. 6. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Beyond benefitting from good governance.and Development 4. very nature. disparaged this (procedural) "will of all. HELD. Thatrulersshould be chosen by the representatives of the ruled. Held's six other meanings encompass an immense variety of political forms. Chinese emperors. DEMOCRACY 31.24 on Wed. Thatrulersshould be accountableto the representatives of the ruled. the second meaning. may involve entirely representative government. Vienna Declaration. ROUSSEAU. the people in a democracy must be the source of the government's authority to rule. which states that rulers should be chosen by representatives of the ruled. I 8. 32. forthe [private] will tends. the fourth meaning. For example. supra note 26. as these regimes illustrate. which calls for accountability of the rulerto the representatives of the ruled. 271. However. Therefore. must be government of or by the people. Part I.32Instead he advocated following "the general will. government forthe people may or may not be democratic. the trick is to determine "the freely expressed will of the people. Thatrulersshould be chosen by the ruled. for a [private] will to agreeon some pointwith the generalwill. directly or through representatives. at 202. 1993). Id. (1975)). 33. rational interest of the whole people. Rousseau provided a good illustration of the difference: one way to determine the will of the people is to consult its to partiality. Rousseau.33 30.

Pure procedural democracy can easily degenerate into non-democratic or even anti-democratic formalism. at 75. such as substantive. supra note 26. to the adjectives describing democracy. Democracy Is Not..24 on Wed.. What Democracy Is . and Summer 1991. Popular and policy discussions tend to emphasize multiparty elections. David Collier & Steven Levitsky. procedural.35this article shall bring it to a close by noting that when we discuss types of democracy. See HELD. representative.DEMOCRACY (1971). however. POL. are merely mechanisms for ascertaining the will of the people. (discussing polyarchy more broadly). Therefore. 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. This content downloaded from 200. Thus the term "democratic"easily slides into an essentially superfluous synonym for "egalitarian. While this discussion of forms and types of democracy could be extended to great lengths. Elections. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . attention usually shifts from the noun. lose the link to the idea of the people ruling. liberal. for a discussion on nine models.618 HUMAN RIGHTSQUARTERLY Vol." a common reference point in scholarly discussions. Robert Dahl's ideal type of "polyarchy. direct. which is close to exhaustive with respect to recent procedural accounts). the tendency in recent discussions to stress procedural democracy is generally justified. the leading contemporary procedural conception. democracy. and freedom of association.34 This extensive political freedom includes the right of all to run for office. guided. no matter how free and open.POLYARCHY 35. falls far short of the demands of internationally recognized human rights. Schmitter & Terry Lynn Karl. freedom of expression. ROBERT DAHL. See also Philippe C. access to alternative sources of information. 49 WORLD (1997) (pursuing a diversity of definitions.203. requires not only free and fair elections based on an inclusive franchise but also extensive political freedom to assure truly open elections." In particular. however. ANDITS CRITICS See generally ROBERT (1989) DAHL. 2 J. three of which have two major variants."Substantive conceptions are also subject to a variety of practical problems and abuses. leading procedural conceptions also emphasize mechanisms to assure an open and unfettered electoral process. 430 with Adjectives: Conceptual Innovation in Comparative Research. this article suggests that electoral democracy.17. and people's. electoral. Substantive conceptions rightly insist that we not lose sight of the core values of popular authority and control over government. 34. In the theoretical literature. 21 Purely substantive conceptions. DEMOCRACY. ratherthan just benefitting. This article will argue that the human rights work of most contemporary "democracies" is rooted in substantive adjectives such as "liberal. For example.

"36 Human rights. they often point in significantly different directions. social and cultural systems. This is not exactly correct. Furthermore. by contrast. Democracies may have a better average human rights record than nondemocratic regimes. For example.37 Electoral 36. Although democracy allocates sovereign authority to the people. Furthermore. I 8. and what they do in so ruling.203. but also fundamentally different in character. and cultural systems and practices is severely restricted. need not run in the other direction. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . perform better on certain rights than some democratic states. In practice. rather than some other group in society. Vienna Declaration. the acceptable range of political.and Development 619 V. Only if a sovereign people wills respect for human rights. Rousseau This content downloaded from 200. aim to empower individuals.1999 HumanRights. Some non-democratic states. no matter how it is ascertained. economic. thus limiting ratherthan empowering the people and their government. A.Democracy. require democratic government. and thus constrains its own interests and actions. 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. Even where democracy and human rights are not in direct conflict. rule. it requires little of the sovereign people in return.24 on Wed. Because rights of democratic participation are but a small set of internationally recognized human rights. and opportunities. the struggle for human rights is not only much more than the struggle for democracy. economic. however. Empowerment of Whom? For What? Democracy aims to empower the people in order to ensure that they. The link. "to determine their own political. services. as the Vienna Declaration puts it. however. Because they are sovereign. 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. DEMOCRACY AND HUMAN RIGHTS Democracy and human rights share a commitment to the ideal of equal political dignity for all. international human rights norms. supra note 3. as previously noted. human rights practices among democracies vary dramatically. however. the people are free. Part I. One may stipulate that the people do not really will anything inconsistent with internationally recognized human rights. By requiringthat every person receive certain goods. will democracy contribute to realizing human rights. the will of the people. social. often diverges from the rights of individual citizens.17. 37.

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

supporters of economic markets. The consociational entrenchment of special rights for established social groups-for example. Schmitter e. TIMOTHY need not take us very far toward implementing or enforcing many human rights. (discussing proposed contemporary applications in Africa). 1982). Cf. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C. 1997).. . Indonesia or Nigeria will only be a small 40. SISK. or other social groups are given special status in political decision making.Democracy. Below. which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). The term "liberal" is used here only in this last sense. Catholics and Protestants in Holland. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. "liberal"is used in reference to the non-Marxist left (antonym: conservative). especially in the United States. rightsbased logic that limits what the people or their representatives may legitimately do. liberals. this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second.. residents of a particular region. the democratic logic of empowering the people is once more subordinated to a substantive. ." does most of The adjective "liberal.203.41 However. The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective.").24 on Wed. The democratic logic of popular rule operates only within the constraints set by individual human rights.. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies. and some rights-protective choices are mandated ("[e]veryone has the right .42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .17. 42. 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. See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D.IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART. Much the same is true of corporatist regimes in which labor.g. In contemporary discourse.."). say.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. However. This content downloaded from 200. in liberal democracies. See."40 the human rights work. Establishing a secure electoral democracy in. RONALDDWORKIN. PATTERNS eds. SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A. Beckett & ing the classic statement). The adjective also does the human rights work in consociational democracy. and supporters of rights. DEMOCRATIZATION Crawford Young eds.. The link between electoral democracy (or democracy without adjectives) and human rights is much more tenuous. (Electoral) democracy may remove violators of internationally recognized human rights.1999 HumanRights. rather than the noun "democracy.

DEVELOPMENT (1997) (serving as a useful starting point. April 1996. DEMOCRACY. See also Guillermo A. 67-99 P. especially in LatinAmerica and Central and Eastern Europe. AND CONSOLIDATION: SOUTHERN TRANSITION OF DEMOCRATIC LINZ& ALFRED STEPAN. liberal democracy puts popular rule in its "proper" place. at 34 (1996). as if they were a reasonable approximation to. they must achieve a difficult balancing of democratic and human rights principles. See JUANJ. Illusions About Consolidation. Furthermore. of the recent theory and practice of democratic consolidation). O'Donnell. even implicitly.45 This article will distinguish 43. Similar difficulties beset efforts to characterize liberal democracy as thick. These distinctions are not of mere theoretical interest. and perhaps even more contentious. Ratherthan completing or realizing the full logic of popular rule. However. ANNAK.PROBLEMS AND POST-COMMUNIST EUROPE SOUTH (1996) (discussing a powerful assessment EUROPE. This is not a matter of "immature" (merely electoral) versus "mature" (liberal) democracies. This is an especially important caution for US foreign policy. 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.24 on Wed. 45. many of these countries continue to systematically violate numerous internationally recognized human rights.17. full. but that is because they must meet certain substantive.43 Liberal democracy is tempered or constrained in particular ways. This content downloaded from 200. which grossly overemphasizes the mechanism of elections. TODARO.622 HUMANRIGHTS QUARTERLY Vol. ECONOMIC The literature is immense. liberal democracy. 1994) (providing a standard textbook introduction). See also Myron Weiner. not merely procedural. 21 (if valuable) step toward establishing a rights-protective regime. not quantitative. It may take longer to establish liberal democracies. AMERICA. 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. no matter how hard or successful that struggle may be. 7 J. even though it is a basic introductory undergraduatetext). See generally MICHAEL DEVELOPMENT. The struggle for human rights can be subtly yet significantly eroded if merely electoral democracies are treated.203. The differences are qualitative. or a step toward the more or less automatic achievement of. which is subordinate to human rights in most cases of conflict. Many discussions of the late Cold War and early post-Cold War spread of (largely electoral) democracy have obscured these vital distinctions.44Working for (electoral) democracy. or robust. than definitions of democracy. These "democratic revolutions" have undoubtedly benefitted human rights. VI. not simply a more fully developed electoral democracy. 44. 9-53 A CRITICAL INTRODUCTION AND INTERNATIONAL RELATIONS: (5th ed. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . standards. DEFINING DEVELOPMENT Definitions of development are almost as diverse. DICKSON. even where anti-democratic forces have not reasserted themselves.

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

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

decision-making forpersonal fulfillment.. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity. As with liberal democracy. to participatein. This content downloaded from 200.203.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger. human development is concernedwith the ways in which people worktogetherand interact. Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities. People need to be freed Security-Particularly and fromsuddenharmful fromthreats. the securityof livelihood. as subsets of development. 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.undp. The resulting measure does tell us more about national conditions of life than GDP alone.Democracy. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report. Less radical equity-oriented conceptions face similar problems. available on <http://magnet. Setting aside the fact that neither most ordinary people nor governments use the term in this at 3. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. deprivation. "Sustainable human development" simply redefines human rights. supra note 6. "development" means sustainable 53. "Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological. this objective involves two processes. which uses a measure that combines per capita GDP with life expectancy and literacy. 1993).htm>. they should be rejected on analytical grounds. But it fails to address the relationship between the social and economic indicators of "human development. Sen eds. or endorse. INTEGRATING HUMAN RIGHTS.53 Although the motives behind such efforts are admirable.55 Thus for the purposes of this article.24 on Wed.It also increasestheir opportunity affectingtheir lives. and justice. See K. such as an educational system to which everybodyshould have access. along with democracy. SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996). peace.17. POLICY DOCUMENT 2 (1997). However." which reflect very different political logics. "redistribution with growth" is indeed a desirable objective. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K. such as diseaseor repression disruptions in their lives. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. SEN. Tensions between these objectives cannot be evaded by stipulativedefinitions. redistribution and growth. For example. that sometimes support and sometimes conflict with one another. 55. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . such a definition fails to address the relationship between economic development and human rights.1999 HumanRights. 54.

cultural and political development. 15 CAL. but ratherthat it strengthens established democracies) with John Benedict Londregan & Keith POL. Does High Income Promote Democracy?. DEVELOPMENT AND HUMAN RIGHTS57 In the early 1980s. and in some cases had been. In Search of the Unicorn: The Jurisprudence of the Right to Development. Apr. 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. These tradeoffs. Nevertheless it treats the relationship between human rights and "development" as an empirical.626 HUMAN RIGHTSQUARTERLY Vol. The New Thinking on Development. Given that most states show at least as much vigor in their pursuit of growth as their pursuit of human rights. 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). Here. at 3. through cross-national tion: Theories and Facts.J. 1986. especially the equity 56. 5 J.A. 41/128. See Jack Donnelly. See generally Symposium. could be.W. A/Res/41/128/Annex (1987).24 on Wed.17. See also Jagdish Bhagwati. 1993). contribute to. that economic development does not facilitate transitions to democracy. 58. Human Rights and Development: Complementary or Competing ConPOL. Economic Reform and Democracy. any bias in favor of drawing attention toward tensions between human rights and development seems well justified. Doc. 41st Sess. ModernizaPOL. legal. Economic Reform and Democracy. Annex. INT'L L. largely avoided. in which all human rights and fundamental freedoms can be fully realized. Third ININTERNATIONAL LAW Generation Rights. 49 WORLD more generally positive relationship between development and democracy).Jack Donnelly. at 5-118. question. 1 (1996) (finding a T. The Declaration on the Right to Development. cerns?. 1994." Id. 1995. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Oct. 36 WORLD This content downloaded from 200.N. Symposium. The conception of development here is about as broad as "sustainable human development.N. This definition is in some ways stipulative. adopted 4 Dec. Oct. 255 (1984). and enjoy economic. 49 WORLD analysis.. Poole. at 50 (1995) (for a recent argument emphasizing the compatibility of democracy and economic development. at least in the short and medium run. in PEOPLES AND MINORITIES 119 (Catherine Brolmann et al. between development and human rights. rather than a definitional. and analytical wisdom of recognizing such a human right).58The author of this article identified two commonly asserted tradeoffs: the equity tradeoff (sacrifice of distributional equity in favor of rapid capital accumulation. DEMOCRACY. and perhaps even morally problematic." and poses similar analytical drawbacks.155 (1997) (showing. by an author who had earlier argued for the necessity of a tradeoff). DEMOCRACY. 1995. Compare Adam Przeworski & Fernando Limongi. 6 J. 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. political. 6 J. DEMOCRACY.203. U. U. 21 growth of per capita GDP.. eds. GAOR.56 VII.473 (1985) (arguing against the moral. which often were presented as necessary. most analysts saw a fundamental conflict. Res. 57. at 102-56. social. Jack Donnelly. G.

Development and Civil and Political Rights Simple assertions of the interdependence of development and civil and political rights60certainly go too far. short and medium run growth proved unsustainable. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . South Korea. 1995). promised economic goods are in fact delivered.17.203. an emphasis on transparency. Some highly repressive regimes have achieved sustainable industrial growth. and Singapore in the 1970s and 1980s. 1998). Burma. Largely because of this experience. but against the background of a somewhat different dominant mainstream. In Sub-Saharan Africa. Deng & Terrence Lyons eds. accountability. eds. When the rhetoric is repeated in places like North Korea. and Belarus. even short-term growth often was not achieved.. however. supra note 23.61 "Soft" authoritarianism still receives some respect. In socialist party-statedictatorships. This content downloaded from 200. A VOICE FOR THEEXCLUDED: IN DEVELOPMENT PARTICIPATION DEVELOPMENT AND GOOD GOVERNANCE (Konrad (1994). as in Singapore. 61. EASTERN EUROPE AND THECOMMONWEALTH OF INDEPENDENT STATES (1997). 62. along with most LatinAmerican and Asian military dictatorships and civilian oligarchies. China is the major exception that proves the rule. few take it seriously. AND DEVELOPMENT See WORLD BANK.24 on Wed. A. see 1998 Question. WOLFE. SUSTAINABLE Ginther et al. UNITED QUEST FOR GOOD GOVERNANCE NATIONSDEVELOPMENT THE SHRINKING STATE: AND HUMAN DEVELOPMENT IN GOVERNANCE PROGRAMME.62 59. have been dismal failures. blanket advocacy of the liberty tradeoff-a staple of the 1960s and 1970s-is rarely encountered today.. and the rule of law does characteristically lead to advocacy of electoral democracy and a considerable range of civil liberties. and China in the 1990s replicated the earlier experience of Western Europe. Those forced to sacrifice personal rights and liberties usually have not received development (sustainable growth) in return. either inside or outside the country. Most developmental dictatorships. there is a growing tendency to emphasize compatibilities between civil and political rights and development. However.59Here this article will continue to emphasize the contingency of the relations between human rights and development. Taiwan. For recent regional applications.Democracy. For example. See id. For example. especially when. 60.1999 HumanRights. see AFRICAN RECKONING: A (Francis M.and Development 627 tradeoff." Although far short of advocating the full range of internationally recognized civil and political rights. Most recently. GOVERNANCE (1992) (providing an important multilateral See also MATTHIASTIEFEL & MARSHALL POPULAR statement). international financial institutions in the 1990s have increasingly emphasized the economic contributions of "good governance.

development. 64. (free) markets are justified by arguments of collective good and aggregate benefit. 88 (Joanne R. 63. which often weakens democracy and encourages violations of civil and political rights. because the liberty tradeoff has never been seen as intrinsically desirable.24 on Wed.203. what is at times an almost uncontainable contemporary enthusiasm for markets is extremely problematic from a human rights perspective. This is importantfor the purposes of this article because growth (and thus markets) seems to be substantively linked to economic and social rights.628 HUMAN RIGHTSQUARTERLY Vol.64 Like (pure) democracy. however. 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. 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. an emphasis on the compatibility between civil and political rightsand economic development is entirely appropriate. not individual rights (other than. Amartya Sen. there is little evidence that repression has been necessary for. 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. 1999) (discussing the FORHUMAN RIGHTS EAST ASIAN CHALLENGE Cf. Markets are social institutions designed to produce economic efficiency. markets systematically deprive some individuals in order to achieve the collective benefits of efficiency. Markets foster efficiency. Bell eds. Therefore.63 B.17. 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.. rather than compatible with. even in the relatively rare cases where sustained economic development has been achieved by highly repressive regimes. Rather than ensure that every person is treated with concern and respect. Bauer & Daniel A. perhaps. in THE This content downloaded from 200. especially when we consider the role of markets. There is thus an almost tautological relationship between markets and rapid growth. is more complex. relationship between civil and political rights and development in the context of recent "Asian values" debates). Human Rights and Economic Achievements. In addition to the consequences for economic and social rights. the right to economic accumulation). not social equity or the enjoyment of individual rights for all. Markets and Economic and Social Rights The relationship between development and economic and social rights. Nonetheless.

Market advocates typically argue that. everyone benefits from the greater supply of goods and services made available through growth.24 on Wed. despite cutbacks." however. remains a powerful force in all existing liberal democratic regimes and a central source of their legitimacy). Their plight is exacerbated when economic and political disadvantage interact in a vicious rights-abusive cycle. individual human beings and families suffer. Even worse. One's "fair share" is a function solely of efficiency.203. The human value of suffering. not efficiency. Assuaging short-term suffering and assuring long-term recompense are the work of the (welfare) state. The collectivity that benefits in the aggregate has an obligation to look after individual members who are disadvantaged in. C. services. Market distributions are based on contribution to economic value added. In the here and now. markets and private property rights-are recognized as having a right to a fair share of the social product their participation helped to produce. The poor tend to be "less efficient": as a class. in return for such short-run disadvantages for the few.1999 HumanRights. which varies sharply and systematically across social groups (as well as between individuals). the human costs of deprivation. These are matters of justice. flesh and blood. of monetary value added. higher food prices. The welfare state guarantees all individuals certain economic and social goods. Those who suffer "adjustmentcosts. acquire no special claim to a share of the collective benefits that efficient markets produce.Democracy. Therefore. markets. does not mean each and every person.and Development 629 Marketsdistribute growth without regardfor individual needs and rights (other than property rights) necessarily and by design. That suffering is concentrated among society's most vulnerable elements. and obligations. and well into the future. Individuals who are harmed by the operation of social institutions that benefit the whole-in this case. rights. markets distribute the benefits of growth without regardto short-term deprivations. not the market. or inferior health care or education.17. The Welfare State All existing liberal democracies compensate (some of) those who fare less well in the market through the welfare state (which. Markets simply cannot address them This content downloaded from 200." an abstract collective entity. and opportunities irrespective of the market value of their labor." such as lost jobs. they have fewer of the skills valued highly by markets. "Everyone. Efficient markets improve the lot of some-ideally the many-only at the (relative and perhaps even absolute) cost of suffering by others. and the claims they justify are excluded from the accounting of markets. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Even "he" is assured significant gain only in the future. Rather the referent is the average "individual. many real. they are systematically disadvantaged. or harmed by.

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

Rightsprotective regimes will also pursue economic development. development. 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. Only in such states do robust markets and democracies operate within systematic limits set by human rights. however. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .and Development 631 to free markets. as defined by the Universal Declaration of Human Rights. and human rights achieved in the liberal democratic welfare state is worthy of our highest praise and sustained effort. Only the particular combination of democracy.1999 HumanRights. 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. 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. 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. In both cases. especially in international policy contexts. They are desirable. the crucial adjectives that would need to be incorporated into such definitions would probably slip quickly out of the discussion. the core objective of human rights would move away from the center of the discussion. All actual liberal democratic welfare states fall short of realizing all human rights even for their own nationals. In addition. or glossing over the crucial qualifying adjectives. CONCLUSION One might respond that the preceding argument could be addressed simply by defining "democracy" (or "development") "properly.Democracy. not primarily because they empower the people.203. And as they did. Nonetheless. This content downloaded from 200.24 on Wed. IX. 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." Although in principle this is possibly correct. If the deepest and broadest attractions of the regimes we most admire arise from their commitment and contribution to human rights. 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. Those regimes will be democratic. in practice.17. only such states are systematically committed to the full range of internationally recognized human rights.

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