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: http://www.jstor.org/stable/762667 . Accessed: 12/03/2014 10:27
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HUMAN RIGHTSQUARTERLY

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 200.17.203.24 on Wed, 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions

.N. A/810 (1948). 1949) [hereinafter UDHR].N. Doc. human rights has joined democracy and development to complete a triumvirateof factors that indicate a government's legitimacy. 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. U. U.un.. See also Comprehensive Implementation of and Follow-up to the Vienna Declaration and Programme of Action. 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. Doc. ? 9. wealth. 52d Sess.unhchr. 48th Sess. U.N.htm> (giving recent examples where sources repeat information from the Vienna Declaration). or lack thereof. INT'L This content downloaded from 200. Doc.L. Rts. U. mtg. (Resolutions. In the past decade.N. G.M."3 LANGUAGEOF LEGITIMACY II. A/Res/52/148 (1998). 22d plen.N. and human rights have importantconceptual and practical affinities.Democracy. ? 4. 127 (Supp. most regimes have appealed to bottom-up authorization from "the people" rather than a "higher"source.17.res/72..ch/html/menu4/chrres/1998. 3d Sess. skill. its sustained or severe inability to deliver prosperity. human rights has been a regular. if controversial.org:70/00/ga/recs/52/res52en.N. GAOR. A/CONF. on Hum. however that may be understood locally. or tradition that legitimated hierarchical rule by those with superior virtue (defined by birth.Comm'n on Hum. mtg. at 71. U. 1 8. For the past half century.. available on <gopher://gopher. Doc. adopted 10 Dec. reprinted in L. Whatever a ruling regime's sociological and ideological bases.R.H. Universal Declaration of Human Rights. Agenda Item 112(d).4/1998/72 (1998). typically leads to serious political challenge. Vienna Declaration and Programme of Action. E/CN.and Development 609 "[d]emocracy. 54th Sess. cross-cultural political law. Article 21 of the Universal Declaration 3.. 58th mtg. The ability to ensure democracy has much less regularly been a ground for determining a regime's legitimacy.htm> [hereinafter Vienna Declaration].1999 HumanRights. part I. 217A (III). age. U. 43 AM.A. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . available on <http://www. part 1). Res. C. GAOR. Res. reprinted in 32 I. World Conf.ch/html/menu5/d/vienna.. issue in bilateral and multilateral politics. U. ESCOR.. 1661 (1993). development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.J. Most obviously.4Since the 1970s. G. 1998/72. available on <http://www.. U.148>. Democracy.N.unhchr.N.203.24 on Wed. Most polities throughout history have rested authority on a divine grant. The Right to Development. or power).A. however. natural order. 4.157/24 (1993). 1948.. international human rights norms require democratic government. GAOR 3d Comm. Res. 148. 70th plen. Rts. development.

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

For example. Official policy statements are often disingenuous. democracy. Economic failure has been central to the collapse of these regimes. In addition. most states today prominently feature appeals to human rights.17. especially the smaller.Democracy. Although they are economically very well off. redistributive welfare state. and development in their efforts to establish national and international legitimacy. national security states-which sacrificed whatever and whomever they deemed necessary in the struggle against communism-have also become largely discredited. freedoms. they remain deeply committed to an extensive. Whilethe significance of national and regional andvarious particularities culturaland religiousbackgrounds must be borne in mind. "The promotion and protection of human rights and fundamental freedoms This content downloaded from 200. beyondquestion" objectivity and non-selectivity of the consideration of human rightsissues.to promoteand protectall human regardless political. the fall of Kaunda in Zambia and Suharto in Indonesia are striking examples of the declining appeal of paternalism. rightsand fundamental at the national and international levels should be universal and conducted without conditions attached. Id. military rule is in decline even in Sub-Saharan Africa. Popular demands for democracy and human rights have often been na've."Vienna Declaration. despite the substantial efforts of China and its allies on behalf of a strong cultural relativism. 5. Similarly. Likewise. 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. TheViennaDeclaration assertsthat"theuniversal natureof these rightsand freedomsis and "reaffirms the importance of ensuring the universality." Id. 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.1999 HumanRights. All humanrights are universal. northern members of the EU enjoy vigorous and open competitive electoral systems and an unusually strong consensus on basic political 8.24 on Wed. where it has been the most common form of government since independence. northern members of the European Union (EU). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . The power of the idea of human rights should not be overemphasized. 1 32.and community globallyin a fairand equal manner. I1] 1. Nonetheless. the surprisingly strong endorsement of the universality of internationally recognized human rights at Vienna in 1993.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. indivisible and interdependent and interrelated.8 Whatever the gap between theory and practice. Politically. ? 8. The international musttreathumanrights on the samefooting. Appeals to cultural relativism and national particularities have hardly disappeared from discussions of human rights. supranote 3. of their economic and culturalsystems.203. withthe sameemphasis. historical. it is the duty of States. illustrates the dramatic change in dominant international attitudes.

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

pmbl. supra note 4. Regional instruments identify human rights as deriving from similar sources. Internationally recognized human rights arise from the inherent (moral) nature of the human person. Conference on Security and Cooperation in Europe: Final Act (Helsinki Accord).24 on Wed. Thus. See id. is entitled to enjoy her human rights. protects. 16.17. the protection of public health or morals or the protection of the rights and freedoms of others. 17.A.Additional Protocol to the American Convention on Human Rights in the Area of Economic.23.L."'3Likewise.L. Social and Cultural Rights ("Protocol of San Salvador"). O. reprinted in 14 I. services. Vienna Declaration. and Development 613 Declaration was adopted by consensus by the 171 states that participated in the 1993 World Conference.M. 1969. 13. 21. The legitimacy of a state. ICESCR. supra note 3. 323. . O. See American Convention on Human Rights. reprinted in 9 I. from a human rights perspective. in ordinary circumstances.M. required to respect or provide. 1975. reprinted in 21 I. Rec. 14.1999 Human Rights. 1. ICCPR. public order (ordre public). 1292 (1975) (stating that human rights "derive from the inherent dignity of the human person"). and opportunities that the state and society are. art.L. No."'4 The Vienna Declaration uses almost the same language: "all human rights derive from the dignity and worth inherent in the human person. rev. Doc. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . .A. 5 (entered into force 21 Oct. pmbl. is a function of the extent to which it respects. 1988.203. 15. Off. 58 (1982) (stating that "fundamental human rights stem from the attributes of human beings"). For example. pmbl.'6 rights ordinarily "trump" other legitimate claims17 of the state and society. RONALD TAKING RIGHTS xi passim (1997).L. signed 22 Nov. doc. 73 Dep't State Bull. Democracy.'2 For better or worse-and in most regards. 28 I. Article 1 of the Universal Declaration begins. simply as a human being. art. African Charter on Human and Peoples' Rights. both Covenants assert that "these rights derive from the inherent dignity of the human person. O. human rights specify an inalienable set of individual goods.supra note 10. SERIOUSLY DWORKIN. adopted 1 Aug.T. 56 (1989) (basing human rights "on the recognition of the dignity of the human person"). pmbl. See ICCPR. See Vienna Declaration.673 (1970) (stating that "the essential rights of man ."15 Every person. and realizes the "natural"or 12. Although this priority is rarely categorical. 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. approved 14 Nov. S 3. human rights restrictthe legitimate range of state action.S.A.supra note 10.M.U. art. supra note 3. supra note 11. OEA/Ser. Because these inherent rights of individuals have prima facie priorityover the interests and desires of society and the state. 4 (for derogations from selected obligations in times of declared public emergencies that threaten the life of the nation). ?] 2. This content downloaded from 200.S.L/V/11. SI 3. adopted 26 June 1981. although individuals are properly subject to a great array of social and political obligations. ? 2.S.M. 1986). 36. CAB/LEG/67/3 Rev. UDHR. "[a]ll human beings are born free and equal in dignity and rights. 6 (1979) (entered into force 18 July 1978). are based upon attributes of the human personality")." Id. for the better-these documents set the meaning of "human rights"in contemporary international society.

Vienna Declaration. By the 1970s. (1989). most Western states similarly over-emphasized civil and political rights. the motto of the office of the High Commissioner for 18. and cultural rights to the exclusion of civil and political rights. Part I.17. the United Nations Commission on Human Rights has rights. however. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations. 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. as in so many others in the field of human rights. 22."19In all regions of the world. however.. Part I."18 Vienna Declaration is unusually forthright. This content downloaded from 200. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. UDHR. in both their domestic practice and international pronouncements.203. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights. 19. supra note 3.24 on Wed."22 adopted a series of resolutions that have reaffirmed "the universality. social. supra note 3. pmbl. and society have been the norm throughout most of history.. In much the same vein. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. their protection and promotion is the first responsibility of Governments. See Question of the Realization in All Countries of the Economic. pmbl. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . In this regard. official rhetoric held that all human rights were "interdependent and indivisible. Contemporary international society.claiming in its very firstoperative paragraph that "human rights and fundamental freedoms are the birthright of all human beings. In particular. Social and Cultural Rights. EI 1. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five.614 HUMAN RIGHTSQUARTERLY Vol. 21 human rights of its citizens. indivisibility.20 During the Cold War era."23 Thus. in 1998. 23. the United States is a deviant outlier among Western states. most Western states. however. inordinate attention was given to self-determination and racial discrimination. Today. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY. however. other systems for regulating relations between individuals. the year of the fiftieth anniversary of the Universal Declaration. has chosen to endorse human rights in the strongest possible terms.21In the United Nations. or even ten. states." The existence of two separate Covenants.UNIVERSAL 20. years ago. better reflected the reality of highly selective approaches. In the 1950s and 1960s. 21.socialist and most African and Asian states emphasized economic." Id. 1[ 10. 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. supra note 4. gave extensive attention to both groups. Vienna Declaration. the preamble emphasizes "the responsibilities of all States .

N. preliminary ? 3. Rts. a class (of males) that excluded slaves and resident aliens. E/CN. Like all plausible definitions. Question of the Realization in All Countries of the Economic.N. 26. or plutocratic (rule of the wealthy) "betters.203. in INTEGRATING HUMAN RIGHTS.htm>.supra note 6.4/1996/11 (1996). U. vii. 54th Sess.htm>. Social and Cultural Rights. I 4(d). supra note 3." Thus David Held begins Models of Democracy by defining democracy as "a form of government in which. 52d Sess. The demos for the Greeks. but rathera particularsocial class.htm> [hereinafter 1998 Question]. ESCOR.41998/33 (1998). Doc. the theory and practice of democracy 24. Rts."24This article pursues some of the implications for democracy and development of this commitment to all human rights for all. DEFINING DEMOCRACY "Democracy is based on the freely expressed will of the people to determine their own political. 51st mtg.ch/ html/menu4/chrres/1997. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic.ch/html/menu4/chrres/1996. Comm'n on Hum.res/1 7.. oligarchic (rule of the few). ESCOR. This content downloaded from 200. 25. was not the whole population. the Greek demokratia which literally means rule or power (kratos) of the people (demos).24 on Wed. available on <http://www. Democracy.1999 Human Rights.4/1997/17 (1997). rule of the best). the masses: hoi polloi. Rts. IV. E/CN. Part I. literally.. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights. U. E/CN. Doc. Comm'n on Hum."25This statement from the Vienna Declaration is as good a place as any to begin.17. at vi. U. social and cultural systems and their full participation in all aspects of their lives. however...ch/html/menu4/chrres/1 998. 53d Sess. 56th mtg.unhchr."26 Throughout most of its history..res/11. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Comm'n on Hum. 1 3(c). the people rule. DAVID HELD. the Vienna Declaration's account of democracy is rooted in the etymology of the term. even in its "Golden Age. available on <http://www. U. 35th mtg. Question of the Realization in All Countries of the Economic. Social and Cultural Rights.the many... available on <http:// www. pmbl.. Doc. Vienna Declaration.N.. supra note 3. Mary Robinson. See also Vienna Declaration. but with the same social connotations as the transliterated term in Victorian England.res/ 44. S 8. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights. Athenian democracy. economic.unhchr. U. U." was class rule by ordinary citizens.N. MODELSOF DEMOCRACY 2 (1987). and Development 615 Human Rights was: "all human rights for all. Message from the High Commissioner for Human Rights.unhchr. This class often saw their interests as opposed to their aristocratic (literally. in contradistinction to monarchies and aristocracies.N. ESCOR.N. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. Which the Developing Countries Face in Their Effortsto Achieve These Human Rights.

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

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

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

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

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

"liberal"is used in reference to the non-Marxist left (antonym: conservative). TIMOTHY 41. in liberal democracies. say. The consociational entrenchment of special rights for established social groups-for example. which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies.41 However. or other social groups are given special status in political decision making. The adjective also does the human rights work in consociational democracy.. and some rights-protective choices are mandated ("[e]veryone has the right ."). the democratic logic of empowering the people is once more subordinated to a substantive.. Cf.").IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART. supporters of economic markets. SISK. Indonesia or Nigeria will only be a small 40.. especially in the United States. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . . Catholics and Protestants in Holland. liberals. See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D. In contemporary discourse. residents of a particular region. This content downloaded from 200.17. Schmitter e. Beckett & ing the classic statement). The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective. 1997). However. Below. The term "liberal" is used here only in this last sense.. See. PATTERNS 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."40 the human rights work. this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second.." does most of The adjective "liberal. DEMOCRATIZATION Crawford Young eds. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C.it need not take us very far toward implementing or enforcing many human rights. 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. and supporters of rights.1999 HumanRights. Establishing a secure electoral democracy in. The democratic logic of popular rule operates only within the constraints set by individual human rights.24 on Wed. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. RONALDDWORKIN. 1982). 42. rather than the noun "democracy.g. .Democracy. Much the same is true of corporatist regimes in which labor.42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition. (discussing proposed contemporary applications in Africa). rightsbased logic that limits what the people or their representatives may legitimately do.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.203.

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

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

INTERNATIONAL GROWTH AND BASIC NEEDS: A ONE-WORLD PROBLEM. DEVELOPMENT OF ACTION FORSUSTAINABLE AGENDA 21: PROGRAMME (1992). 1998). what is to be sustained is largely the capacity for autonomous increases in productive capability and. 21 attention on the dark distributional underside.. of standard growth strategies. per capita GDP.. 22 ALTERNATIVES nonetheless acknowledges the continuing importance of dependency theory's underlying insights and motivations). See generally EMPLOYMENT. Brown eds.51For instance.. both national and international.17.203. SUSTAINPERSPECTIVES APPLIEDAND THEORETICAL IN THIRD WORLD COUNTRIES: ABLEDEVELOPMENT (Valentine DEVELOPMENT: (John Udoh James ed. DEVELOPMENT. This content downloaded from 200. and multilateral mainstream.AND PUBLICPOLICY AN DEVELOPMENT: Lemons & Donald A. sustainable development perspectives also give much greater attention to environmental and other "externalities" excluded from neoclassical accounts. SUSTAINABLE TAYLOR & AND ENVIRONMENTAL ASSESSMENT (Colin Kirkpatrick & Norman Lee eds. thus.RATIONALITIES.. eds.org/gender/index. 49. Postdependency? The Third World in an Eraof Globalization and Late205 (1997) (providing a brief account of the demise that Capitalism.52 UNDP's vision of "sustainable human development" provides the current culmination of the drive for a greatly expanded conception of development. In addition to a broader time frame.htm>.g. 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 Paul James. (1996). 1996). DAVID REID. AND STRATEGIES DEVELOPMENT: CONCEPTS. and thus the benefits of growth. SUSTAINABLE SCIENCE. See also UNITED NATIONS CONFERENCE 50. SUSTAINABLE WORLD: INTEGRATING IN A DEVELOPING SOCIO-ECONOMIC DEVELOPMENT et al. Nonetheless.worldbank. LABOUR OFFICE 51. The result is a richer and more holistic understanding of economic processes. discussions of the role of women in development brought one set of distributional questions into the national.50 The World Bank over the past two decades has given growing attention to issues of equitable growth. LANCE HUMAN DEVELOPMENT AND SUSTAINABLE REFORM RECONCILING ECONOMIC UTE PIEPER.624 HUMAN RIGHTSQUARTERLY Vol. e.. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . more widely. In the late 1960s and 1970s. 1997). SUSTAINABLE AND ON ENVIRONMENT INTRODUCTORY GUIDE (1995). IN DEVELOPING COUNTRIES INCOME DISTRIBUTION TO IMPROVE WITHGROWTH:POLICIES REDISTRIBUTION IN THECONTEXT OF ECONOMIC GROWTH(Hollis Chenery ed. 1974)..49 More radical alternatives to growth-based understandings of development have emphasized equity or social justice rather than narrowly "economic" processes. 1995).48 One major mainstream response to concerns over blocked or distorted development has been to emphasize long run or sustainable growth. See For an extensive illustration of the penetration of gender concerns. 52. see the World Bank's "Gender Net" at <http://www. (Sylvie Faucheux See. (1977).24 on Wed. bilateral.ETHICS. 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.

Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities. deprivation. "Sustainable human development" simply redefines human rights. Tensions between these objectives cannot be evaded by stipulativedefinitions. "development" means sustainable 53. Setting aside the fact that neither most ordinary people nor governments use the term in this way. that sometimes support and sometimes conflict with one another. to participatein.org/policy/default. "redistribution with growth" is indeed a desirable objective. at 3. The resulting measure does tell us more about national conditions of life than GDP alone. this objective involves two processes. or endorse.53 Although the motives behind such efforts are admirable.55 Thus for the purposes of this article.1999 HumanRights. such a definition fails to address the relationship between economic development and human rights. POLICY DOCUMENT 2 (1997). they should be rejected on analytical grounds. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report. However. redistribution and growth. 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. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . INTEGRATING HUMAN RIGHTS. 1993).undp. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. such as an educational system to which everybodyshould have access. But it fails to address the relationship between the social and economic indicators of "human development. 55.24 on Wed. This content downloaded from 200. 54. SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996).. Less radical equity-oriented conceptions face similar problems. as subsets of development. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K. See K.17. "Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological. Sen eds. supra note 6. People need to be freed Security-Particularly and fromsuddenharmful fromthreats. As with liberal democracy. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. along with democracy. and justice. which uses a measure that combines per capita GDP with life expectancy and literacy.It also increasestheir opportunity affectingtheir lives.htm>. such as diseaseor repression disruptions in their lives. peace. decision-making forpersonal fulfillment.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger." which reflect very different political logics. For example.203.Democracy. human development is concernedwith the ways in which people worktogetherand interact. available on <http://magnet. SEN. the securityof livelihood.

at 5-118. 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. U. adopted 4 Dec.J." Id. at least in the short and medium run. 41/128.626 HUMAN RIGHTSQUARTERLY Vol. through cross-national tion: Theories and Facts.. 1995. Annex. and enjoy economic. between development and human rights. and perhaps even morally problematic. 49 WORLD more generally positive relationship between development and democracy). could be. political. DEVELOPMENT AND HUMAN RIGHTS57 In the early 1980s. See generally Symposium. Apr. Does High Income Promote Democracy?. The New Thinking on Development. 21 growth of per capita GDP. 41st Sess. Poole. 1 (1996) (finding a T.473 (1985) (arguing against the moral. which often were presented as necessary.W. This definition is in some ways stipulative. 15 CAL. most analysts saw a fundamental conflict. Doc. Economic Reform and Democracy. ModernizaPOL. question. 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). 6 J. at 102-56. but ratherthat it strengthens established democracies) with John Benedict Londregan & Keith POL. Compare Adam Przeworski & Fernando Limongi.58The author of this article identified two commonly asserted tradeoffs: the equity tradeoff (sacrifice of distributional equity in favor of rapid capital accumulation. See also Jagdish Bhagwati. and analytical wisdom of recognizing such a human right). Given that most states show at least as much vigor in their pursuit of growth as their pursuit of human rights. A/Res/41/128/Annex (1987). Human Rights and Development: Complementary or Competing ConPOL. in PEOPLES AND MINORITIES 119 (Catherine Brolmann et al.203. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 1995. These tradeoffs. in which all human rights and fundamental freedoms can be fully realized..155 (1997) (showing. U. See Jack Donnelly. legal. at 50 (1995) (for a recent argument emphasizing the compatibility of democracy and economic development. Oct. 57. cultural and political development. by an author who had earlier argued for the necessity of a tradeoff). 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.A. G. Res. 255 (1984). especially the equity 56. 1986. 1993)." and poses similar analytical drawbacks. Economic Reform and Democracy.N. 58. cerns?. and in some cases had been. INT'L L.N. GAOR. rather than a definitional.56 VII. 49 WORLD analysis.Jack Donnelly. Third ININTERNATIONAL LAW Generation Rights. any bias in favor of drawing attention toward tensions between human rights and development seems well justified. The conception of development here is about as broad as "sustainable human development. that economic development does not facilitate transitions to democracy. 36 WORLD This content downloaded from 200. largely avoided. Here.24 on Wed. social. In Search of the Unicorn: The Jurisprudence of the Right to Development. DEMOCRACY.17. eds. Jack Donnelly. DEMOCRACY. Nevertheless it treats the relationship between human rights and "development" as an empirical. 5 J. contribute to. The Declaration on the Right to Development. 6 J. Oct. DEMOCRACY. 1994. at 3. Symposium.

59Here this article will continue to emphasize the contingency of the relations between human rights and development. UNITED QUEST FOR GOOD GOVERNANCE NATIONSDEVELOPMENT THE SHRINKING STATE: AND HUMAN DEVELOPMENT IN GOVERNANCE PROGRAMME. See id. promised economic goods are in fact delivered. and China in the 1990s replicated the earlier experience of Western Europe. 62. South Korea. In Sub-Saharan Africa. China is the major exception that proves the rule. Most developmental dictatorships. and the rule of law does characteristically lead to advocacy of electoral democracy and a considerable range of civil liberties.203. 1998). For example.1999 HumanRights. Those forced to sacrifice personal rights and liberties usually have not received development (sustainable growth) in return.17. 60. see AFRICAN RECKONING: A (Francis M. When the rhetoric is repeated in places like North Korea.Democracy.62 59. have been dismal failures. either inside or outside the country. even short-term growth often was not achieved. However. and Singapore in the 1970s and 1980s. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . an emphasis on transparency. 61. along with most LatinAmerican and Asian military dictatorships and civilian oligarchies. as in Singapore. For example. especially when. Development and Civil and Political Rights Simple assertions of the interdependence of development and civil and political rights60certainly go too far. Burma. EASTERN EUROPE AND THECOMMONWEALTH OF INDEPENDENT STATES (1997). and Belarus. This content downloaded from 200. Deng & Terrence Lyons eds.. Some highly repressive regimes have achieved sustainable industrial growth. blanket advocacy of the liberty tradeoff-a staple of the 1960s and 1970s-is rarely encountered today. AND DEVELOPMENT See WORLD BANK.and Development 627 tradeoff. short and medium run growth proved unsustainable.24 on Wed. few take it seriously. accountability. GOVERNANCE (1992) (providing an important multilateral See also MATTHIASTIEFEL & MARSHALL POPULAR statement). 1995).. A. however. there is a growing tendency to emphasize compatibilities between civil and political rights and development. but against the background of a somewhat different dominant mainstream. In socialist party-statedictatorships. Most recently. Largely because of this experience. Taiwan. SUSTAINABLE Ginther et al. supra note 23. see 1998 Question.61 "Soft" authoritarianism still receives some respect." Although far short of advocating the full range of internationally recognized civil and political rights. eds. For recent regional applications. WOLFE. A VOICE FOR THEEXCLUDED: IN DEVELOPMENT PARTICIPATION DEVELOPMENT AND GOOD GOVERNANCE (Konrad (1994). international financial institutions in the 1990s have increasingly emphasized the economic contributions of "good governance.

Amartya Sen. the right to economic accumulation).17.63 B. In addition to the consequences for economic and social rights. Bauer & Daniel A. which often weakens democracy and encourages violations of civil and political rights. because the liberty tradeoff has never been seen as intrinsically desirable. Markets and Economic and Social Rights The relationship between development and economic and social rights.628 HUMAN RIGHTSQUARTERLY Vol. there is little evidence that repression has been necessary for. the economic chiropractic of structural adjustment frequently brings governments into popular disrepute. This is importantfor the purposes of this article because growth (and thus markets) seems to be substantively linked to economic and social rights. (free) markets are justified by arguments of collective good and aggregate benefit. 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. 88 (Joanne R.64 Like (pure) democracy. There is thus an almost tautological relationship between markets and rapid growth. Nonetheless.24 on Wed. in THE This content downloaded from 200. even in the relatively rare cases where sustained economic development has been achieved by highly repressive regimes.. not social equity or the enjoyment of individual rights for all. is more complex. Human Rights and Economic Achievements. especially when we consider the role of markets. 21 In any case. 1999) (discussing the FORHUMAN RIGHTS EAST ASIAN CHALLENGE Cf. not individual rights (other than. rather than compatible with. Rather than ensure that every person is treated with concern and respect. 64. markets systematically deprive some individuals in order to achieve the collective benefits of efficiency.203. however. Therefore. 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. 63. 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. Markets foster efficiency. what is at times an almost uncontainable contemporary enthusiasm for markets is extremely problematic from a human rights perspective. relationship between civil and political rights and development in the context of recent "Asian values" debates). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . perhaps. Bell eds. Markets are social institutions designed to produce economic efficiency. an emphasis on the compatibility between civil and political rightsand economic development is entirely appropriate. development.

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

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

only (or at least primarily) because of such limits are these states' markets and democracies worthy of emulation. 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. All actual liberal democratic welfare states fall short of realizing all human rights even for their own nationals. If the deepest and broadest attractions of the regimes we most admire arise from their commitment and contribution to human rights.203. only such states are systematically committed to the full range of internationally recognized human rights. especially in international policy contexts. development. This content downloaded from 200. In both cases. CONCLUSION One might respond that the preceding argument could be addressed simply by defining "democracy" (or "development") "properly. 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. however. IX. and human rights achieved in the liberal democratic welfare state is worthy of our highest praise and sustained effort.and Development 631 to free markets.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. Only the particular combination of democracy. 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. And as they did. in practice. the crucial adjectives that would need to be incorporated into such definitions would probably slip quickly out of the discussion. we need to keep human rights in the forefront of the language by which we speak of them. the core objective of human rights would move away from the center of the discussion. Rightsprotective regimes will also pursue economic development. 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. Those regimes will be democratic. Only in such states do robust markets and democracies operate within systematic limits set by human rights.17. In addition. as defined by the Universal Declaration of Human Rights.Democracy.24 on Wed. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions ." Although in principle this is possibly correct. not primarily because they empower the people. or glossing over the crucial qualifying adjectives. They are desirable. Nonetheless.

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. development. In (almost certainly over-) emphasizing tensions between human rights and democracy and development. Contemporary international society has in substantial measure defined such a life of dignity in terms of respect for internationally recognized human rights. personal security. and thus the substantive commitment to human dignity. When it comes to broader positive ideals. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . It is clear. impassioned talk of human rights is largely reserved for the sorts of crude violations of the rights to life. This article can thus be read as a plea to keep human rights. Exactly what such policies are is well beyond the scope of this article. to contemporary US foreign policy. we have seen a shift from even the Bush administration's characteristic talk of market democracy. This elision of human rights has been subtle and by no means complete. however. But the real passion (and resources) usually are saved for markets and democracy. Human rights still make a regular appearance in every important speech. This article also speaks clearly.17. and basic civil liberties that in the initial post-Cold War euphoria many had hoped were behind us.24 on Wed. however. if sometimes implicitly. official US policy has come to prefer the language of markets and democracy.203. This content downloaded from 200.632 HUMAN RIGHTSQUARTERLY Vol. it has tried to refocus attention on strengthening national and international practices that foster a particular range of (contingent) complementarities between democracy. this article has tried to underscore the dangers of confusing means (markets and elections) with ends (human rights). Today. But they have usually seen democracy and development not as ends but as means to a life of dignity. More positively. and human rights that are possible when the overriding goal is all human rights for all. explicitly central in our political language. 21 Countless people over hundreds of years have struggled and suffered for democracy and development. Over the past decade.

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