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

4.htm> (giving recent examples where sources repeat information from the Vienna Declaration). part I. part 1). reprinted in 32 I.N. See also Comprehensive Implementation of and Follow-up to the Vienna Declaration and Programme of Action.A. Universal Declaration of Human Rights. INT'L This content downloaded from 200.. 1 8. cross-cultural political law. U. U. at 71. 148.N.and Development 609 "[d]emocracy. World Conf.148>. available on <gopher://gopher.157/24 (1993).203. Most obviously. GAOR. 48th 52d Sess. wealth. U.unhchr... its sustained or severe inability to deliver prosperity. Doc.1999 HumanRights.Comm'n on Hum.R. 1661 (1993).4Since the 1970s.. on Hum. however that may be understood locally. however. C. G. ? 9. 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. 1948. ESCOR.un.M. E/CN.. available on <http://www. human rights has joined democracy and development to complete a triumvirateof factors that indicate a government's legitimacy.N. issue in bilateral and multilateral politics.J. A/CONF.res/72. Doc. typically leads to serious political challenge. In the past decade.4/1998/72 (1998). The Right to Development. (Resolutions. 58th mtg. U. 3d Sess. U. Article 21 of the Universal Declaration 3. development. ? 4. The ability to ensure democracy has much less regularly been a ground for determining a regime's legitimacy. Agenda Item 112(d). if controversial.unhchr. GAOR 3d Comm. 1949) [hereinafter UDHR].A. 217A (III).htm> [hereinafter Vienna Declaration]. A/810 (1948). 127 ( Most polities throughout history have rested authority on a divine grant. age. available on <http://www. Whatever a ruling regime's sociological and ideological bases. A/Res/52/148 (1998). international human rights norms require democratic government. and human rights have importantconceptual and practical affinities. or lack thereof. Res.N. most regimes have appealed to bottom-up authorization from "the people" rather than a "higher"source. mtg.N.N. 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. For the past half century.N. Rts.. Res.Democracy. reprinted in L. skill. natural order. U. 1998/72.. G. Doc. development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. Doc.N. or power).L. human rights has been a regular. or tradition that legitimated hierarchical rule by those with superior virtue (defined by birth."3 LANGUAGEOF LEGITIMACY II.24 on Wed. 43 AM.. Res. 54th Sess. 22d plen. U. U. mtg. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Vienna Declaration and Programme of Action. 70th plen.H. GAOR. adopted 10 Dec. Democracy.

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

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. Appeals to cultural relativism and national particularities have hardly disappeared from discussions of human rights. In addition.203.8 Whatever the gap between theory and practice.17. it is the duty of States. northern members of the EU enjoy vigorous and open competitive electoral systems and an unusually strong consensus on basic political 8. the fall of Kaunda in Zambia and Suharto in Indonesia are striking examples of the declining appeal of paternalism. Politically. illustrates the dramatic change in dominant international attitudes. Nonetheless.1999 HumanRights. "The promotion and protection of human rights and fundamental freedoms This content downloaded from 200. supranote 3."Vienna Declaration. redistributive welfare state. where it has been the most common form of government since independence. Official policy statements are often disingenuous. The power of the idea of human rights should not be overemphasized. beyondquestion" objectivity and non-selectivity of the consideration of human rightsissues. historical. most states today prominently feature appeals to human rights. For example. freedoms.24 on Wed. despite the substantial efforts of China and its allies on behalf of a strong cultural relativism. I1] 1. Likewise.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. Whilethe significance of national and regional andvarious particularities culturaland religiousbackgrounds must be borne in mind. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . they remain deeply committed to an extensive. ? 8. the surprisingly strong endorsement of the universality of internationally recognized human rights at Vienna in 1993. 5. Id. Economic failure has been central to the collapse of these regimes. especially the smaller. and development in their efforts to establish national and international legitimacy. Although they are economically very well off. northern members of the European Union (EU). The international musttreathumanrights on the samefooting. Popular demands for democracy and human rights have often been na've. 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 promoteand protectall human regardless political. rightsand fundamental at the national and international levels should be universal and conducted without conditions attached." Id.and community globallyin a fairand equal manner. All humanrights are universal.Democracy. of their economic and culturalsystems. national security states-which sacrificed whatever and whomever they deemed necessary in the struggle against communism-have also become largely discredited. Similarly. TheViennaDeclaration assertsthat"theuniversal natureof these rightsand freedomsis and "reaffirms the importance of ensuring the universality. democracy. indivisible and interdependent and interrelated. 1 32. withthe sameemphasis. military rule is in decline even in Sub-Saharan Africa.

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

and opportunities that the state and society are.L. human rights restrictthe legitimate range of state action. art. Doc.A.23. public order (ordre public). ICESCR. . the protection of public health or morals or the protection of the rights and freedoms of others. 1975. art. SI 3. 28 I. pmbl. supra note 11. See Vienna Declaration.673 (1970) (stating that "the essential rights of man . Although this priority is rarely categorical. in ordinary circumstances.L. Regional instruments identify human rights as deriving from similar sources. supra note 4.Additional Protocol to the American Convention on Human Rights in the Area of Economic. O. is entitled to enjoy her human rights. rev. both Covenants assert that "these rights derive from the inherent dignity of the human person. supra note 3.203. 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. RONALD TAKING RIGHTS xi passim (1997). 6 (1979) (entered into force 18 July 1978).S. Conference on Security and Cooperation in Europe: Final Act (Helsinki Accord). required to respect or provide. This content downloaded from 200. For example. signed 22 Nov. 13. African Charter on Human and Peoples' Rights.supra note 10. approved 14 Nov. 1. doc. pmbl." Id.L/V/11. human rights specify an inalienable set of individual goods. 17. 1292 (1975) (stating that human rights "derive from the inherent dignity of the human person"). adopted 1 Aug.M.1999 Human Rights. 58 (1982) (stating that "fundamental human rights stem from the attributes of human beings"). O.S. pmbl. is a function of the extent to which it respects.L.17. for the better-these documents set the meaning of "human rights"in contemporary international society. supra note 3.'6 rights ordinarily "trump" other legitimate claims17 of the state and society. Vienna Declaration. services. pmbl. art.T. Off. 56 (1989) (basing human rights "on the recognition of the dignity of the human person").S. and Development 613 Declaration was adopted by consensus by the 171 states that participated in the 1993 World Conference.L. Article 1 of the Universal Declaration begins. simply as a human being. 15.U. 1988. 16. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . reprinted in 9 I. Internationally recognized human rights arise from the inherent (moral) nature of the human person. 5 (entered into force 21 Oct. 4 (for derogations from selected obligations in times of declared public emergencies that threaten the life of the nation).supra note 10. 1986). 21."'4 The Vienna Declaration uses almost the same language: "all human rights derive from the dignity and worth inherent in the human person. although individuals are properly subject to a great array of social and political obligations. 36. and realizes the "natural"or 12. .A."'3Likewise. reprinted in 14 I. ICCPR. See American Convention on Human Rights. Rec. OEA/Ser. ? 2.M. are based upon attributes of the human personality"). 14. from a human rights perspective. O. CAB/LEG/67/3 Rev. 1969. UDHR. Because these inherent rights of individuals have prima facie priorityover the interests and desires of society and the state. The legitimacy of a state.A. See ICCPR. "[a]ll human beings are born free and equal in dignity and rights. 73 Dep't State Bull. No.M. Democracy. SERIOUSLY DWORKIN. See id."15 Every person. adopted 26 June 1981. Thus. reprinted in 21 I. S 3. 323. protects.24 on Wed. ?] 2.M. Social and Cultural Rights ("Protocol of San Salvador").'2 For better or worse-and in most regards.

however. in 1998. however. pmbl. the year of the fiftieth anniversary of the Universal Declaration. has chosen to endorse human rights in the strongest possible terms. the United States is a deviant outlier among Western states. the United Nations Commission on Human Rights has rights.203. 19. 22. and society have been the norm throughout most of history."18 Vienna Declaration is unusually forthright."23 Thus. or even ten. In the 1950s and 1960s. in both their domestic practice and international pronouncements. supra note 4. official rhetoric held that all human rights were "interdependent and indivisible. Part I. social."19In all regions of the world. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. pmbl." The existence of two separate Covenants. In much the same vein. most Western states similarly over-emphasized civil and political rights. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. Contemporary international society. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five. other systems for regulating relations between individuals."22 adopted a series of resolutions that have reaffirmed "the universality. Vienna Declaration. better reflected the reality of highly selective approaches. (1989). their protection and promotion is the first responsibility of Governments. the preamble emphasizes "the responsibilities of all States .24 on Wed. 1[ 10.17. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations.. See Question of the Realization in All Countries of the Economic. supra note 3. 21. years ago.21In the United Nations. indivisibility. as in so many others in the field of human rights. EI 1. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights." Id. Today. 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. UDHR. most Western states. By the 1970s. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Part I. states..claiming in its very firstoperative paragraph that "human rights and fundamental freedoms are the birthright of all human beings. gave extensive attention to both groups. 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.614 HUMAN RIGHTSQUARTERLY Vol. supra note 3. Social and Cultural Rights.socialist and most African and Asian states emphasized economic. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY. and cultural rights to the exclusion of civil and political rights. Vienna Declaration.20 During the Cold War era.UNIVERSAL 20. In this regard. In particular. however. the motto of the office of the High Commissioner for 18. This content downloaded from 200. 23. however. 21 human rights of its citizens. inordinate attention was given to self-determination and racial discrimination.

ch/html/menu4/chrres/1 998. html/menu4/chrres/1997.4/1996/11 (1996). supra note 3. in contradistinction to monarchies and aristocracies.. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. ESCOR.1999 Human Rights. Comm'n on Hum. Doc. at vi."26 Throughout most of its history.htm>. and Development 615 Human Rights was: "all human rights for all. Rts. pmbl. Question of the Realization in All Countries of the Economic." was class rule by ordinary citizens. available on <http:// www. available on <http://www. 51st mtg.N." Thus David Held begins Models of Democracy by defining democracy as "a form of government in which. Comm'n on Hum.203. preliminary ? 3.supra note 6.41998/33 (1998). even in its "Golden Age.24 on Wed. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights. I 4(d). 52d Sess. E/CN.. the people rule. U. Question of the Realization in All Countries of the Economic.. 26.. however. S 8. 25.N. but with the same social connotations as the transliterated term in Victorian England. Athenian democracy. DEFINING DEMOCRACY "Democracy is based on the freely expressed will of the people to determine their own political. supra note 3. ESCOR.unhchr. Social and Cultural Rights. Mary Robinson.. U. was not the whole population. social and cultural systems and their full participation in all aspects of their lives. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .N. This content downloaded from 200. vii.. in INTEGRATING HUMAN RIGHTS. Vienna Declaration. Social and Cultural Rights. This class often saw their interests as opposed to their aristocratic (literally. 35th mtg. available on <http://www. See also Vienna Declaration. U.N. Part I. rule of the best).N."25This statement from the Vienna Declaration is as good a place as any to begin. Which the Developing Countries Face in Their Effortsto Achieve These Human Rights. U.the many. Rts. 56th mtg. a class (of males) that excluded slaves and resident aliens.res/11.. Doc. the Vienna Declaration's account of democracy is rooted in the etymology of the term.res/1 7.17. E/CN. IV. and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights.unhchr. 1 3(c). Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. U. The demos for the Greeks. MODELSOF DEMOCRACY 2 (1987). economic. Message from the High Commissioner for Human Rights."24This article pursues some of the implications for democracy and development of this commitment to all human rights for all. but rathera particularsocial class. the theory and practice of democracy 24.res/ 44. 53d Sess.htm>. Doc. E/CN. the masses: hoi polloi.unhchr.. U. the Greek demokratia which literally means rule or power (kratos) of the people (demos). DAVID HELD. oligarchic (rule of the few).N.htm> [hereinafter 1998 Question]. Comm'n on Hum. Like all plausible definitions.4/1997/17 (1997). or plutocratic (rule of the wealthy) "betters. 54th Sess. literally. Rts.

Democracy-especially electoral democracy-has also been advocated on instrumental grounds. though.616 HUMAN RIGHTSQUARTERLY Vol. from Aristotle to Machiavelli to Madison and Kant. at 140 (1995).27 Even advocates of mixed or "republican" regimes. 6 J. 29." and thus delegitimated non-democratic rule. This content downloaded from 200. In some liberalizing and post-authoritarian regimes it has also been "defended" as a "defaultoption. Democracy as a result has had. History of the Word "Democracy" in France.29 What. Stephen P. Even the American revolution was more "republican" than "democratic. 57 J. Costopoulos & Pierre Rosanvallon. Africa. as few societies have. 20 HUM. 21 has focused on opposing claims to authority by competing social classes. democracy was disparaged as incompatible with good rule. until relatively recently.28 Only during the past two centuries have liberal. counterbalanced the interests and claims of the many by those of the few with superior wisdom or virtue. 725 (1996) (giving an IDEAS Citizenship and Culture in EarlyModern Europe. this article addresses only the Western tradition of political thought and practice." which literally means leader of the people." the lesser of two evils-or at least the one whose shortcomings have not been recently experienced. as a device to limit abuses of power or balance competing class interests. 28. for example. the strong democrats of the French Revolution were largely defeated: the term democracy did not gain widespread political currency in France until 1848. Democrats did not become a major force for forty years. Likewise. say in decidinggenerallaws and matters 3. interesting review of recent work on seventeenth and eighteenth century alternatives and precursors to democracy). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . socialist. otherwords. The Oct. Consider. See also Peter N. See Philip J. Thatrulersshouldbe accountable to the ruled.17.203. for example. Marks. be obligedto justify theiractionsto the ruledand be removable by the ruled. This limited scope is relatively unproblematic for the purposes of this article. however. Thatall shouldbe personallyinvolvedin crucialdecision making. FRENCHREVOLUTION (1996) (discussing the influence of the French Revolution). Miller. does it mean for the people to rule? Held offers a partial list of common meanings: 1. Q. 1995. here this article is only interested in arguments that advance democracy as an intrinsically desirable form of rule. 459 (1998).that is to of generalpolicy. because none of the "great"state-based civilizations of Asia. Unless we deciding on generalpolicy.they should. HIST. in the sense that all should be involved in legislating." Thus from Plato and Aristotle through Kant and Hegel. in applyinglaws and in governmental administration. or the Americas developed a politically significant conception of direct popular rule prior to extensive Western penetration. RTS. and not just because democrats until the late eighteenth century almost always lost. a bad name. 27. the claims of ordinary citizens to rule rest on "mere numbers. DEMOCRACY. that reason or virtue are more or less randomly distributed among citizens or subjects. That all should govern. the negative connotations even today of "demagogue.24 on Wed. LYNN HUNT." The leading political parties in the early republic were Republicans and Federalists. and anti-colonial struggles transformed dominant conceptions of "the people. 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. Here. However.

17. Chinese emperors.32Instead he advocated following "the general will. directly or through representatives. at 202. as these regimes illustrate. Beyond benefitting from good governance. Rousseau. may involve entirely representative government. requires extensive direct participation by citizens. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . government forthe people may or may not be democratic. 271. ROUSSEAU." which often expresses only particular individual and group interests. See JEAN-JACQUES THE SOCIALCONTRACT AND THEDISCOURSES 202 (G. For example. very nature. at 199." the reflective. supra note 3. HELD. the trick is to determine "the freely expressed will of the people. However. is not a defensible conception of democracy. 5. democracy. (1975)). the fourth meaning. which states that rulers should be chosen by representatives of the ruled. however. Id. namely that all are involved in crucial decision making.1999 HumanRights. rational interest of the whole people. Bourbon kings. In contrast. 7. Vienna Declaration.and Development 4.30 617 The last of these common meanings. Thatrulersshould be chosen by the ruled. Thatrulersshould be accountableto the representatives of the ruled. for a [private] will to agreeon some pointwith the generalwill. supra note 26. the second meaning. For example.H. the people in a democracy must be the source of the government's authority to rule. 32. must be government of or by the people. 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.33 30."31 Democratic theories often are distinguished by their reliance on "substantive" or "procedural" tests in making this determination. 6.24 on Wed. Part I. although often encountered. which calls for accountability of the rulerto the representatives of the ruled. and the sixth meaning. Thatrulersshould act in the interests of the ruled. forthe [private] will tends. DEMOCRACY 31. Held's six other meanings encompass an immense variety of political forms. Thatrulersshould be chosen by the representatives of the ruled. 1993). 33. at 3 (drawing heavily on a list in its to partiality.D.Democracy. it is [While]it is not impossible at leastimpossible forthe agreement to be lastingand constant. Therefore. while the generalwill tendsto equality. All of Held's definitions are extremely open.203. if that term is to mean more than the absence of systematic misrule by a narrow segment of society. disparaged this (procedural) "will of all. Rousseau provided a good illustration of the difference: one way to determine the will of the people is to consult them. This content downloaded from 200. Cole trans. which frequently is not the same as the aggregated preferences of individuals and groups. Id. namely that rulers act for the ruled.. I 8. and Ottoman sultans all (contentiously yet plausibly) claimed to rule in the interests of the people.

. supra note 26. ANDITS CRITICS See generally ROBERT (1989) DAHL." In particular. are merely mechanisms for ascertaining the will of the people. ROBERT DAHL. however.17. lose the link to the idea of the people ruling. and freedom of association.203. falls far short of the demands of internationally recognized human rights. For example. representative. three of which have two major variants. procedural.POLYARCHY 35. 2 J. for a discussion on nine models. David Collier & Steven Levitsky. attention usually shifts from the noun. Therefore. See also Philippe C.." a common reference point in scholarly discussions. Democracy Is Not. Robert Dahl's ideal type of "polyarchy. This content downloaded from 200. leading procedural conceptions also emphasize mechanisms to assure an open and unfettered electoral process. What Democracy Is . however. electoral. POL. 430 with Adjectives: Conceptual Innovation in Comparative Research. liberal. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . ratherthan just benefitting. direct. at 75.618 HUMAN RIGHTSQUARTERLY Vol."Substantive conceptions are also subject to a variety of practical problems and abuses. Pure procedural democracy can easily degenerate into non-democratic or even anti-democratic formalism. which is close to exhaustive with respect to recent procedural accounts). While this discussion of forms and types of democracy could be extended to great lengths. Popular and policy discussions tend to emphasize multiparty elections. the leading contemporary procedural conception. such as substantive. to the adjectives describing democracy. (discussing polyarchy more broadly). 34. 21 Purely substantive conceptions. this article suggests that electoral democracy. Thus the term "democratic"easily slides into an essentially superfluous synonym for "egalitarian. 49 WORLD (1997) (pursuing a diversity of definitions. This article will argue that the human rights work of most contemporary "democracies" is rooted in substantive adjectives such as "liberal. DEMOCRACY. See HELD. the tendency in recent discussions to stress procedural democracy is generally justified.34 This extensive political freedom includes the right of all to run for office.DEMOCRACY (1971). guided. Elections. democracy. Schmitter & Terry Lynn Karl. Substantive conceptions rightly insist that we not lose sight of the core values of popular authority and control over government. access to alternative sources of information.24 on Wed. requires not only free and fair elections based on an inclusive franchise but also extensive political freedom to assure truly open elections. In the theoretical literature. and Summer 1991. and people's. 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.35this article shall bring it to a close by noting that when we discuss types of democracy. no matter how free and open. freedom of expression.

the people are free. One may stipulate that the people do not really will anything inconsistent with internationally recognized human rights. DEMOCRACY AND HUMAN RIGHTS Democracy and human rights share a commitment to the ideal of equal political dignity for all. I 8. This is not exactly correct. Empowerment of Whom? For What? Democracy aims to empower the people in order to ensure that they. no matter how it is ascertained. supra note 3. For example. A. Although democracy allocates sovereign authority to the people.37 Electoral 36. services. however. international human rights norms. and opportunities. as previously noted. the will of the people. and what they do in so ruling.1999 HumanRights. however. Some non-democratic states.203. The link. human rights practices among democracies vary dramatically.Democracy. often diverges from the rights of individual citizens. Even where democracy and human rights are not in direct conflict. rule. by contrast. need not run in the other direction. and thus constrains its own interests and actions. Because they are sovereign. Democracies may have a better average human rights record than nondemocratic regimes. but also fundamentally different in character. economic. By requiringthat every person receive certain goods. require democratic government. will democracy contribute to realizing human rights.and Development 619 V. rather than some other group in society. perform better on certain rights than some democratic states. Vienna Declaration. the struggle for human rights is not only much more than the struggle for democracy. thus limiting ratherthan empowering the people and their government. and cultural systems and practices is severely restricted. The democratic principle of popular rule is at best only indirectly and contingently connected with respect for the full range of internationally recognized human rights. however."36 Human rights.24 on Wed. Furthermore. social. economic. aim to empower individuals. 37.17. Furthermore. it requires little of the sovereign people in return. as the Vienna Declaration puts it. In practice. Only if a sovereign people wills respect for human rights. they often point in significantly different directions. 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. Rousseau This content downloaded from 200. the acceptable range of political. Because rights of democratic participation are but a small set of internationally recognized human rights. "to determine their own political. Part I. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . social and cultural systems.

A central purpose of constitutional review is to assure that the people. But what form of government is this? B.38Those claiming human rights who insist on pursuing class (or other selfish) interests inconsistent with the interests of the people/proletariat are. Democracy and Class Dictatorship. profoundly anti-democratic.620 HUMAN RIGHTSQUARTERLY Vol. 21 democracies often serve the particular interests of key constituencies. However. by design. Germany. brief defense of Marx's democratic credentials). in the name of democracy. 59 (1986) POL'Y (providing a good. Japan. or even perhaps several paragraphs earlier. to be coerced into compliance with the good of all. supranote 38.17. Human rights advocates would respond.' because it regularly frustratesthe will of the people. 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. neutral laws or through some other mechanism. in a significant sense. which have as their referent governments like Britain. See Richard W. This content downloaded from 200. non-democratic regimes may (although they rarely do in practice) respect the rule of law. Fair enough. whatever the practical problems of real world Stalinist regimes." 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. 39. Democracy and claimsthatthe generalwill is alwaysperfectand incorruptible. India." In fact. 272. either democracy or human rights becomes superfluous. 'antidemocratic. Any alternative would be. France. a frustrated reader might respond that people today do not have in mind ancient Greece or theorists like Kant and Madison. in an important sense. 3 Soc. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . the US Supreme Court is. "so much the worse for democracy. It is perhaps worth noting explicitly that there is no necessary connection between democracy and the rule of law.24 on Wed. through their elected representatives. 32. Liberal versus Electoral Democracy The standard answer from comparative politics is "liberal democracy. anti-democratic. Direct democracy. in such cases. at 202. was rooted in the classical democratic ideal and was updated with a deeply egalitarian vision of the proletariat as a universal class. let alone Marx. The people may choose to rule through standing. At this point. can be remarkablyintolerant. See ROUSSEAU. History and etymology inform but do not determine contemporary conceptions of democracy. Miller. For example. and the United States (or some other such list). do not exercise their sovereignty in ways that violate basic rights." The dictatorship of the proletariat. Conversely. PHIL. as Athens dramatically illustrated. human rights are.203.

42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition.. say.. Schmitter e. The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C. 1982). Beckett & ing the classic statement). Cf. SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A. residents of a particular region. TIMOTHY 41.g. .. The link between electoral democracy (or democracy without adjectives) and human rights is much more tenuous. The consociational entrenchment of special rights for established social groups-for example. 1997). SISK."40 the human rights work. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . However."). rather than the noun "democracy.. DEMOCRATIZATION Crawford Young eds. RONALDDWORKIN. 42. especially in the United States. which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). liberals. The democratic logic of popular rule operates only within the constraints set by individual human rights. and some rights-protective choices are mandated ("[e]veryone has the right . See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D. PATTERNS eds. .IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART. Below. The adjective also does the human rights work in consociational need not take us very far toward implementing or enforcing many human rights. or other social groups are given special status in political decision making. Catholics and Protestants in Holland.. (Electoral) democracy may remove violators of internationally recognized human rights." does most of The adjective "liberal.Democracy. This content downloaded from 200. "liberal"is used in reference to the non-Marxist left (antonym: conservative).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. Indonesia or Nigeria will only be a small 40. rightsbased logic that limits what the people or their representatives may legitimately do. (discussing proposed contemporary applications in Africa). the democratic logic of empowering the people is once more subordinated to a substantive. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. supporters of economic markets. 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. Establishing a secure electoral democracy in.203.1999 HumanRights.24 on Wed. The term "liberal" is used here only in this last sense. in liberal democracies. Much the same is true of corporatist regimes in which labor.17. See. and supporters of rights. In contemporary discourse."). this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies.41 However.

PROBLEMS AND POST-COMMUNIST EUROPE SOUTH (1996) (discussing a powerful assessment EUROPE. This is an especially important caution for US foreign policy. even where anti-democratic forces have not reasserted themselves. The struggle for human rights can be subtly yet significantly eroded if merely electoral democracies are treated. standards. and perhaps even more contentious. in contrast to a thin electoral democracy. DEFINING DEVELOPMENT Definitions of development are almost as diverse.24 on Wed. liberal democracy. The differences are qualitative. especially in LatinAmerica and Central and Eastern Europe. ANNAK. 1994) (providing a standard textbook introduction). See generally MICHAEL DEVELOPMENT.44Working for (electoral) democracy. 67-99 P. Illusions About Consolidation. is at best a partial first step to achieving the rights-protective regime envisioned by international human rights norms. Similar difficulties beset efforts to characterize liberal democracy as thick. of the recent theory and practice of democratic consolidation).DEVELOPMENT (1997) (serving as a useful starting point. ECONOMIC The literature is immense. even though it is a basic introductory undergraduatetext). It may take longer to establish liberal democracies. but that is because they must meet certain substantive. See JUANJ. which is subordinate to human rights in most cases of conflict. DEMOCRACY.43 Liberal democracy is tempered or constrained in particular ways. TODARO. not quantitative. no matter how hard or successful that struggle may be. 7 J. This is not a matter of "immature" (merely electoral) versus "mature" (liberal) democracies.203. not merely procedural. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . at 34 (1996). 45. This content downloaded from 200.45 This article will distinguish 43. than definitions of democracy. which grossly overemphasizes the mechanism of elections. full. These "democratic revolutions" have undoubtedly benefitted human rights. 9-53 A CRITICAL INTRODUCTION AND INTERNATIONAL RELATIONS: (5th ed. AMERICA. AND CONSOLIDATION: SOUTHERN TRANSITION OF DEMOCRATIC LINZ& ALFRED STEPAN. even implicitly. as if they were a reasonable approximation to.17. 44.622 HUMANRIGHTS QUARTERLY Vol. or robust. Furthermore. liberal democracy puts popular rule in its "proper" place. April 1996. However. Ratherthan completing or realizing the full logic of popular rule. many of these countries continue to systematically violate numerous internationally recognized human rights. not simply a more fully developed electoral democracy. DICKSON. 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. VI. See also Guillermo A. 21 (if valuable) step toward establishing a rights-protective regime. Many discussions of the late Cold War and early post-Cold War spread of (largely electoral) democracy have obscured these vital distinctions. O'Donnell. See also Myron Weiner. they must achieve a difficult balancing of democratic and human rights principles. or a step toward the more or less automatic achievement of. These distinctions are not of mere theoretical interest.

RES. 1987).. This content downloaded from 200. HIGGOTT..g. For a representative sample of leading work within the dependency perspective. See also Gabriel Palma. Andre Gunder Franck. Democracy. political. overview). SOC'Y & HIST.1999 Human Rights. 17 (1976).. 881 (1977) (presenting the best brief analytical Symposium.THE STAGES CHENERY & MOISESSYRQUIN.D. DEPENDENCY AND DEVELOPMENT IN LATINAMERICA (1979) (providing a subtle and powerful version of dependency theory). 1997). The most forceful and influential critics of the 1970s and early 1980s emphasized dependency. Grillo & R. perhaps the second most popular measure. 387 (1974). 17 LATINAM.24 on Wed. Defining development in terms of growth in per capita gross domestic product (GDP). ENCOUNTERING DEVELOPMENT: THE MAKING AND UNMAKINGOF THE THIRD WORLD (1995) (exemplifying a more heterodox text). AN ANTHROPOLOGICAL CRITIQUE GROWTHOF IGNORANCE (Mark Hobart ed. 115 (1982) (reviewing the symposium devoted to Cardoso and Faletto's work). HOLLIS WALT ROSTOW. AND RESISTANCE (Frederique Apffel OF DEVELOPMENT: THE Marglin & Stephen A. see MAGNUSBLOMSTROM & BJORN HETTNE. 1990).. CAPITALISM AND UNDERDEVELOPMENT IN LATIN AMERICA(1967). THEORIES OF UNDERDEVELOPMENT 47. 16 COMP.. and those that stress human development. POLITICAL DEVELOPMENT 3 (Myron Weiner & Samuel P.46 despite decades of criticism. STUD. 6 WORLD DEV.. IMMANUEL WALLERSTEIN. DEVELOPMENT THEORY THE DEPENDENCY DEBATE IN TRANSITION: AND BEYOND(1984). see ANDRE GUNDER FRANCK.17. 18 MONTHLYREV. understood largely in terms of growth in national productive capabilities. ACCUMULATION ON A WORLD SCALE (1974). SAMIR AMIN. 46.203. ARTURO ESCOBAR.L. DISCOURSES OF DEVELOPMENT: ANTHROPOLOGICAL PERSPECTIVES (R. REV.47Although moribund as a theory today. Huntington eds. The Development of Underdevelopment. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . THE DEVELOPMENT DICTIONARY: A GUIDE TO KNOWLEDGE AS POWER (Wolfgang Sachs ed. See. IAN ROXBOROUGH. Dependency theorists argued that underdevelopment. DOMINATINGKNOWLEDGE:DEVELOPMENT. CAPITALIST AGRICULTURE AND THEORIGINSOF THEEUROPEAN WORLD-ECONOMY IN THESIXTEENTH CENTURY THE MODERN WORLD-SYSTEM AND THECONSOLIDA(1976). See OF ECONOMIC GROWTH (1960). and popular mainstreams. SAMIRAMIN. (1979) (providing a standard critical overview). For a more extended discussion. 1992). the dependency perspective usefully focused in UNDERSTANDING The Goals of Development.1600-1 750 (1980). pre-industrial state. IMMANUEL THE MODERN WORLD-SYSTEM: WALLERSTEIN. Dependency: A Formal Theory of Underdevelopment or a Methodology for the Analysis of Concrete Situations of Underdevelopment?. 1993). often very broadly understood. tends to be seen largely as an indicator of potential growth in GDP. Level of industrialization (or post-industrialization). Marglin eds. See also RICHARDA. POLITICAL DEVELOPMENT THEORY: DEBATE THE CONTEMPORARY (1 983) (discussing the parallel development of modernization theories in comparative politics). II: MERCANTILISM TION OF THE EUROPEAN WORLD-ECONOMY. Immanuel Wallerstein. ratherthan a natural. Stirrat eds. 1950-1 970 (1975). MALDEVELOPMENT: ANATOMY OF A GLOBAL FAILURE (1990). 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. PATTERNS OF DEVELOPMENT. CULTURE. FERNANDOHENRIQUECARDOSO & ENZO FALETTO. and Development 623 between conceptions that emphasize either economic development. is a condition of maldevelopment produced by incorporation of a less developed state into the capitalist world system in a position of structuralsubordination. e. The Rise and Future Demise of the World Capitalist System.

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

"Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological. such as diseaseor repression disruptions in their lives. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity. POLICY DOCUMENT 2 (1997)..1999 HumanRights.undp. or endorse. available on <http://magnet. "redistribution with growth" is indeed a desirable objective. and justice. along with democracy.Democracy. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. As with liberal democracy. Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities.htm>.55 Thus for the purposes of this article. peace. "development" means sustainable 53. the securityof livelihood. Sen eds. as subsets of development.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K. decision-making forpersonal fulfillment. supra note 6.17. People need to be freed Security-Particularly and fromsuddenharmful fromthreats. Setting aside the fact that neither most ordinary people nor governments use the term in this way. human development is concernedwith the ways in which people worktogetherand interact. 55. For example. The resulting measure does tell us more about national conditions of life than GDP alone. 1993).It also increasestheir opportunity affectingtheir lives. 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. they should be rejected on analytical grounds. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .203. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report. This content downloaded from this objective involves two processes. However.24 on Wed. which uses a measure that combines per capita GDP with life expectancy and literacy. INTEGRATING HUMAN RIGHTS. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. Less radical equity-oriented conceptions face similar problems. 54. "Sustainable human development" simply redefines human rights.53 Although the motives behind such efforts are admirable. that sometimes support and sometimes conflict with one another. But it fails to address the relationship between the social and economic indicators of "human development. redistribution and growth. SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996)." which reflect very different political logics. at 3. deprivation. See K. such as an educational system to which everybodyshould have access. SEN. Tensions between these objectives cannot be evaded by stipulativedefinitions. to participatein. such a definition fails to address the relationship between economic development and human rights.

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

17.203. and Belarus. however. have been dismal failures. China is the major exception that proves the rule. 61.62 59. as in Singapore. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . When the rhetoric is repeated in places like North Korea. see 1998 Question. 1995). and Singapore in the 1970s and 1980s. For example. UNITED QUEST FOR GOOD GOVERNANCE NATIONSDEVELOPMENT THE SHRINKING STATE: AND HUMAN DEVELOPMENT IN GOVERNANCE PROGRAMME. but against the background of a somewhat different dominant mainstream. accountability.. SUSTAINABLE Ginther et al. Development and Civil and Political Rights Simple assertions of the interdependence of development and civil and political rights60certainly go too far. Burma. blanket advocacy of the liberty tradeoff-a staple of the 1960s and 1970s-is rarely encountered today.59Here this article will continue to emphasize the contingency of the relations between human rights and development. see AFRICAN RECKONING: A (Francis M. Taiwan.Democracy. international financial institutions in the 1990s have increasingly emphasized the economic contributions of "good governance. supra note 23." Although far short of advocating the full range of internationally recognized civil and political rights. For recent regional applications. Most developmental dictatorships. Those forced to sacrifice personal rights and liberties usually have not received development (sustainable growth) in return.24 on Wed. EASTERN EUROPE AND THECOMMONWEALTH OF INDEPENDENT STATES (1997). 1998). short and medium run growth proved unsustainable. In socialist party-statedictatorships. Most recently.61 "Soft" authoritarianism still receives some respect. eds. Largely because of this experience. A.1999 HumanRights. South Korea.and Development 627 tradeoff. and the rule of law does characteristically lead to advocacy of electoral democracy and a considerable range of civil liberties. A VOICE FOR THEEXCLUDED: IN DEVELOPMENT PARTICIPATION DEVELOPMENT AND GOOD GOVERNANCE (Konrad (1994). even short-term growth often was not achieved. either inside or outside the country. In Sub-Saharan Africa. especially when. Deng & Terrence Lyons eds. 60. AND DEVELOPMENT See WORLD BANK. Some highly repressive regimes have achieved sustainable industrial growth. an emphasis on transparency. along with most LatinAmerican and Asian military dictatorships and civilian oligarchies. For example. there is a growing tendency to emphasize compatibilities between civil and political rights and development. and China in the 1990s replicated the earlier experience of Western Europe. GOVERNANCE (1992) (providing an important multilateral See also MATTHIASTIEFEL & MARSHALL POPULAR statement). See id. This content downloaded from 200. 62. promised economic goods are in fact delivered. However. WOLFE. few take it seriously..

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

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

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

however. especially in international policy contexts. If the deepest and broadest attractions of the regimes we most admire arise from their commitment and contribution to human rights. CONCLUSION One might respond that the preceding argument could be addressed simply by defining "democracy" (or "development") "properly. This content downloaded from 200. or glossing over the crucial qualifying adjectives. Only in such states do robust markets and democracies operate within systematic limits set by human rights. as defined by the Universal Declaration of Human Rights. IX.17. the core objective of human rights would move away from the center of the discussion. development. the crucial adjectives that would need to be incorporated into such definitions would probably slip quickly out of the discussion. Only the particular combination of democracy. only (or at least primarily) because of such limits are these states' markets and democracies worthy of emulation. And as they did. In addition. In both cases. only such states are systematically committed to the full range of internationally recognized human rights. and human rights achieved in the liberal democratic welfare state is worthy of our highest praise and sustained effort.1999 HumanRights. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Rightsprotective regimes will also pursue economic development. Those regimes will be democratic. in practice.203. 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. Nonetheless. 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.Democracy. 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.and Development 631 to free markets. we need to keep human rights in the forefront of the language by which we speak of them. 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." Although in principle this is possibly correct. They are desirable. All actual liberal democratic welfare states fall short of realizing all human rights even for their own nationals.24 on Wed. not primarily because they empower the people. 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.

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

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