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

U. Rts. its sustained or severe inability to deliver prosperity. ESCOR. U.203. The idea that a government's legitimacy is a function of the extent to which it implements and defends the natural or human rights of its citizens received its first major international endorsement in the 1948 Universal Declaration of Human Rights."3 LANGUAGEOF LEGITIMACY II.N. 148. and human rights have importantconceptual and practical affinities.N.. if controversial. 1661 (1993). A/Res/52/148 (1998). 70th plen. G. GAOR 3d Comm. on Hum. however that may be understood locally. available on <http://www. U. World Conf.24 on Wed.157/24 (1993). at 71. available on <gopher://gopher. U.. In the past decade. A/CONF.N. 217A (III).N. mtg. C. 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.N. 1 8. The Right to Development 609 "[d]emocracy.148>.A. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .1999 HumanRights. 22d plen. ? 9. Most obviously.R. (Resolutions.4/1998/72 (1998). Agenda Item 112(d).htm> [hereinafter Vienna Declaration].un. Res..Democracy. human rights has been a regular. Article 21 of the Universal Declaration 3. part 1).4Since the 1970s. development..H.unhchr. or power). adopted 10 Dec. issue in bilateral and multilateral politics. Res. GAOR. international human rights norms require democratic government. typically leads to serious political challenge. U. E/CN.A. GAOR. cross-cultural political Doc.res/72.L. Most polities throughout history have rested authority on a divine grant. human rights has joined democracy and development to complete a triumvirateof factors that indicate a government's legitimacy. 127 (Supp. however. Doc.N. ? 4. Democracy.Comm'n on Hum.htm> (giving recent examples where sources repeat information from the Vienna Declaration). available on <http://www.M. U. reprinted in L. most regimes have appealed to bottom-up authorization from "the people" rather than a "higher"source. Vienna Declaration and Programme of Action. part I. 43 AM. 1949) [hereinafter UDHR]. The ability to ensure democracy has much less regularly been a ground for determining a regime's legitimacy. wealth. INT'L This content downloaded from 200.. mtg. Res. G. 1948.N. age. U. A/810 (1948). 54th Sess. 48th Sess. 52d Sess.N. natural order. Doc. 1998/72. development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. 3d Sess. skill. or lack thereof. reprinted in 32 I.17. See also Comprehensive Implementation of and Follow-up to the Vienna Declaration and Programme of Action. Universal Declaration of Human Rights... For the past half century. Whatever a ruling regime's sociological and ideological bases. Doc.. U.J.unhchr. Rts. 4. 58th mtg. or tradition that legitimated hierarchical rule by those with superior virtue (defined by

In other words. For example. especially in the short and medium run. 21. In its initial responses to criticisms of the Tienanmen massacre. In recent years. by providing accountability and transparency. Id.610 HUMAN RIGHTSQUARTERLY Vol. in post-Cold War international society. 21 states that "[t]he will of the people shall be the basis of the authority of government. The redistributions required by economic and social rights similarly seek to assure that prosperity is diffused throughout society. available on <http://magnet. democracy. art. however.html> [hereinafter INTEGRATING This content downloaded from 200. it is not automatic or inevitable. a recent United Nations Development Program (UNDP) policy statement asserts that "human rights and sustainable human development are interdependent and mutually reinforcing. can help to channel economic growth into national development rather than private enrichment.undp. For example. even synergy. and development is both possible and desirable. rather than concentrated in a tiny elite. the people often want to do extremely nasty things to (some of) their "fellow" citizens."6 Today."5Democracy. Interdependence. In addition. Twenty-five years ago. 6. 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. UNITED NATIONS DEVELOPMENT INTEGRATING HUMAN RIGHTSWITHSUSTAINABLE DEVELOPPROGRAMME. China is an example. Conversely. realizing such affinities is largely a contingent matter of context and institutional design. China has argued that it has a distinctive human rights strategy appropriate to its special conditions. By contrast. between human rights. However. MENT: A UNDP POLICY 2 (1998).203. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . China justifies deviations from international norms by appealing to other parts of the same set of norms. China accepts the authority of internationally recognized human rights in principle. may restrict predatory misrule that undermines development. arguments of interdependence are the norm. although not strictly necessary for development.24 on Wed. 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). only a few states publicly justify systematic denials of internationally recognized human rights. 7. namely those that validate cultural relativism. suggest that development can be sustained for decades despite the systematic denial of civil and political 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. China largely rejected the language of international human rights. not to mention most of Western Europe in the nineteenth century. policy5.7 5.17. civil and political rights. Countries such as South Korea and Taiwan. DOCUMENT HUMAN RIGHTS].

Democracy. Popular demands for democracy and human rights have often been na've. illustrates the dramatic change in dominant international attitudes. the fall of Kaunda in Zambia and Suharto in Indonesia are striking examples of the declining appeal of paternalism. freedoms. of their economic and culturalsystems. rightsand fundamental at the national and international levels should be universal and conducted without conditions attached. especially the smaller. Appeals to cultural relativism and national particularities have hardly disappeared from discussions of human rights. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Whilethe significance of national and regional andvarious particularities culturaland religiousbackgrounds must be borne in mind. I1] 1. democracy. Id. The international musttreathumanrights on the samefooting. military rule is in decline even in Sub-Saharan Africa. 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. All humanrights are universal. supranote 3. Likewise."Vienna Declaration. 5. 1 32. For example. The power of the idea of human rights should not be overemphasized. In addition.17. 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. beyondquestion" objectivity and non-selectivity of the consideration of human rightsissues. ? 8. TheViennaDeclaration assertsthat"theuniversal natureof these rightsand freedomsis and "reaffirms the importance of ensuring the universality. national security states-which sacrificed whatever and whomever they deemed necessary in the struggle against communism-have also become largely discredited.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. despite the substantial efforts of China and its allies on behalf of a strong cultural promoteand protectall human regardless political. most states today prominently feature appeals to human rights.and community globallyin a fairand equal manner.24 on Wed.203. Official policy statements are often disingenuous. indivisible and interdependent and interrelated. where it has been the most common form of government since independence. withthe sameemphasis.1999 HumanRights. Although they are economically very well off." Id. northern members of the EU enjoy vigorous and open competitive electoral systems and an unusually strong consensus on basic political 8. they remain deeply committed to an extensive.8 Whatever the gap between theory and practice. Politically. Nonetheless. Similarly. it is the duty of States. historical. northern members of the European Union (EU). Economic failure has been central to the collapse of these regimes. "The promotion and protection of human rights and fundamental freedoms This content downloaded from 200. and development in their efforts to establish national and international legitimacy. the surprisingly strong endorsement of the universality of internationally recognized human rights at Vienna in 1993. redistributive welfare state.

For the purposes of contemporary international relations. 3 (entered into force 3 Jan. HUMAN RIGHTSAND HUMANITARIAN NORMS AS CUSTOMARY LAW 79 (1989). however. because we are all equally human beings. International Covenant on Civil and Political Rights. This content downloaded from 200.N. and social rights. Unless democracy and development are understood and pursued in very particularways. As such they are equal rights. we can take them as having been authoritatively answered. democracy.A. 21st Sess.S. J. 2200 (XXI). 3 U. 12 AUSTL. 21 values and structures.T.N. 84 (1992). G. U. 609 (1979) (giving a skeptical view of the UDHR as customary law). ILL. L. 82. In the fifty years since the United Nations General Assembly adopted the Universal Declaration of Human Rights. economic. political. 16.. Legal Theory.N. and individual human rights. and development were misguided. Supp. elections (democracy).U. InternationalCovenant on Economic. adopted 16 Dec. and human rights reflects a distinctive and contingent balancing of markets (development). because no matter how inhumanely we act or are treated we cannot become other than human beings.T.24 on Wed. No. 11. 1966.17. development. The struggle for human rights certainly has been fostered by an awareness that many Cold War era claims of conflicts between human rights. this article argues that the Western liberal democratic welfare states' fusion of development. GAOR. the rights that one has simply as a human being. Nowhere else has so much progress been made in assuring that almost the entire population enjoys most internationally recognized civil. 171 (entered into force 23 Mar. Doc.612 HUMAN RIGHTSQUARTERLY Vol. Jus Cogens.F. However.203. 1976) [hereinafter ICCPR].B. G. 1976) [hereinafter ICESCR]. III.N.N. Res. U.S. Bruno Simma & Philip Alston. which has arguably acquired the status of customary international law. Res. democracy. and General Principles. Watson. they may place human rights at risk.A. are often overlooked today.9 The International Covenant on Civil and Political Rights currently has 144 parties. INT'L Efficacy and Validity in the Development of Human Rights Norms in International Law. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . L. 21st Sess. Social and Cultural Rights has 141 parties. 16. virtually all states have endorsed the Declaration. The Sources of Human Rights Law: Custom. 2200 (XXI). adopted 16 Dec. No. and human rights. Social and Cultural Rights. Real conflicts between the logics of democracy. Doc.10The International Covenant on Economic. Where do such rights come from? How do we determine which particular human rights we have? Such philosophically vital questions are immensely contentious. 999 U.S. See THEODORMERON. U. DEFINING HUMAN RIGHTS Human rights are.11 The Vienna 9. Supp. Y. They are also inalienable rights. however.N. A/6316 (1966). 10. 1966. literally. A/6316 (1966). 993 U. GAOR..

approved 14 Nov. O.17. SI 3. 21. S 3. Although this priority is rarely categorical. 36. and opportunities that the state and society are. Because these inherent rights of individuals have prima facie priorityover the interests and desires of society and the state. doc.S. supra note 3. is a function of the extent to which it respects. and realizes the "natural"or 12. and Development 613 Declaration was adopted by consensus by the 171 states that participated in the 1993 World Conference. 56 (1989) (basing human rights "on the recognition of the dignity of the human person"). . African Charter on Human and Peoples' Rights. Regional instruments identify human rights as deriving from similar sources.673 (1970) (stating that "the essential rights of man .'6 rights ordinarily "trump" other legitimate claims17 of the state and society.24 on Wed.L. UDHR.L. 73 Dep't State Bull.S. O. 16. Off. rev.supra note 10. This content downloaded from 200. 6 (1979) (entered into force 18 July 1978). Thus. from a human rights perspective. supra note 3. 13. required to respect or provide. 323."15 Every person. 15. art. in ordinary circumstances.S. See ICCPR. Doc." Id. adopted 1 Aug. protects. art.A. For example. Vienna Declaration.T.'2 For better or worse-and in most regards. OEA/Ser.M. "[a]ll human beings are born free and equal in dignity and rights. 28 I. pmbl. pmbl. although individuals are properly subject to a great array of social and political obligations. the protection of public health or morals or the protection of the rights and freedoms of others.A.M. Article 1 of the Universal Declaration begins. 1969. signed 22 Nov. pmbl. 58 (1982) (stating that "fundamental human rights stem from the attributes of human beings"). pmbl. 5 (entered into force 21 Oct. art.A. SERIOUSLY DWORKIN."'4 The Vienna Declaration uses almost the same language: "all human rights derive from the dignity and worth inherent in the human person. supra note 4.L/V/11. Rec. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . See American Convention on Human Rights. 1292 (1975) (stating that human rights "derive from the inherent dignity of the human person"). services. reprinted in 14 I. See Vienna Declaration. human rights restrictthe legitimate range of state action. RONALD TAKING RIGHTS xi passim (1997). ICCPR.M. reprinted in 21 I. 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.U. ? 2."'3Likewise. 4 (for derogations from selected obligations in times of declared public emergencies that threaten the life of the nation). public order (ordre public).203. both Covenants assert that "these rights derive from the inherent dignity of the human person. for the better-these documents set the meaning of "human rights"in contemporary international society. 14.1999 Human Rights. ?] 2. See id.L. 1988. is entitled to enjoy her human rights.M. Conference on Security and Cooperation in Europe: Final Act (Helsinki Accord). No.supra note 10. ICESCR. human rights specify an inalienable set of individual goods.L. 1. O.Additional Protocol to the American Convention on Human Rights in the Area of Economic. are based upon attributes of the human personality"). The legitimacy of a state. CAB/LEG/67/3 Rev. 1975. Internationally recognized human rights arise from the inherent (moral) nature of the human person. Democracy. .23. adopted 26 June 1981. reprinted in 9 I. 1986). simply as a human being. supra note 11. 17. Social and Cultural Rights ("Protocol of San Salvador").

supra note 4. however. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations. pmbl." Id. 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. social. most Western states similarly over-emphasized civil and political rights. the preamble emphasizes "the responsibilities of all States . In particular. 23. 22. or even ten. In this regard.socialist and most African and Asian states emphasized economic. UDHR. the motto of the office of the High Commissioner for 18. as in so many others in the field of human rights. better reflected the reality of highly selective approaches. the United States is a deviant outlier among Western states." The existence of two separate Covenants. years ago. supra note 3. pmbl. states.203.24 on Wed. Vienna Declaration. See Question of the Realization in All Countries of the Economic.20 During the Cold War era. their protection and promotion is the first responsibility of Governments. in both their domestic practice and international pronouncements.UNIVERSAL 20. In much the same vein.claiming in its very firstoperative paragraph that "human rights and fundamental freedoms are the birthright of all human beings. other systems for regulating relations between individuals. gave extensive attention to both groups. 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. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights. (1989). and cultural rights to the exclusion of civil and political rights."23 Thus. By the 1970s. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. however. official rhetoric held that all human rights were "interdependent and indivisible. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. Social and Cultural Rights. 1[ 10.17.21In the United Nations.614 HUMAN RIGHTSQUARTERLY Vol.. most Western states."19In all regions of the world. indivisibility.. This content downloaded from 200. the year of the fiftieth anniversary of the Universal Declaration. 19. In the 1950s and 1960s. however. in 1998. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY. 21. Today. has chosen to endorse human rights in the strongest possible terms."22 adopted a series of resolutions that have reaffirmed "the universality. supra note 3. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five. and society have been the norm throughout most of history. however."18 Vienna Declaration is unusually forthright. EI 1. 21 human rights of its citizens. Vienna Declaration. Part I. Contemporary international society. Part I. the United Nations Commission on Human Rights has rights. inordinate attention was given to self-determination and racial discrimination. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .

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

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

forthe [private] will tends. the trick is to determine "the freely expressed will of the people. Id. it is [While]it is not impossible at leastimpossible forthe agreement to be lastingand constant. 1993). Thatrulersshould be accountableto the representatives of the ruled.1999 HumanRights. as these regimes illustrate. Rousseau. However.. Cole trans. at 202." the reflective.17.203. Part I. directly or through representatives.32Instead he advocated following "the general will.30 617 The last of these common meanings. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . In contrast. 5. namely that all are involved in crucial decision making. I 8. This content downloaded from 200. requires extensive direct participation by citizens. Beyond benefitting from good governance. supra note 3. must be government of or by the its to partiality. the people in a democracy must be the source of the government's authority to rule.and Development 4. Thatrulersshould be chosen by the representatives of the ruled. if that term is to mean more than the absence of systematic misrule by a narrow segment of society. (1975)). the second meaning. disparaged this (procedural) "will of all. 271. rational interest of the whole people. Therefore. for a [private] will to agreeon some pointwith the generalwill. which states that rulers should be chosen by representatives of the ruled. ROUSSEAU. although often encountered. and Ottoman sultans all (contentiously yet plausibly) claimed to rule in the interests of the people. namely that rulers act for the ruled. which calls for accountability of the rulerto the representatives of the ruled. HELD. See JEAN-JACQUES THE SOCIALCONTRACT AND THEDISCOURSES 202 (G. Thatrulersshould be chosen by the ruled. For example. 7."31 Democratic theories often are distinguished by their reliance on "substantive" or "procedural" tests in making this determination. Thatrulersshould act in the interests of the ruled." which often expresses only particular individual and group interests. democracy. at 3 (drawing heavily on a list in JACKLIVELY.H. DEMOCRACY 31. the fourth meaning. at 199. For example.24 on Wed. Vienna Declaration. which frequently is not the same as the aggregated preferences of individuals and groups. 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. Rousseau provided a good illustration of the difference: one way to determine the will of the people is to consult them. Chinese emperors. 32. Held's six other meanings encompass an immense variety of political forms. supra note 26. may involve entirely representative government. and the sixth meaning. 6. while the generalwill tendsto equality. however.D.Democracy. 33. Bourbon kings. government forthe people may or may not be democratic.33 30. very nature. All of Held's definitions are extremely open. is not a defensible conception of democracy. Id.

While this discussion of forms and types of democracy could be extended to great lengths. however.DEMOCRACY (1971). In the theoretical literature. lose the link to the idea of the people ruling. This article will argue that the human rights work of most contemporary "democracies" is rooted in substantive adjectives such as "liberal.. and freedom of association. electoral. three of which have two major variants. representative. For example.24 on Wed. leading procedural conceptions also emphasize mechanisms to assure an open and unfettered electoral process.17. liberal. 21 Purely substantive conceptions.203. Schmitter & Terry Lynn Karl. to the adjectives describing democracy. ANDITS CRITICS See generally ROBERT (1989) DAHL. requires not only free and fair elections based on an inclusive franchise but also extensive political freedom to assure truly open elections. and people's. This content downloaded from 200. for a discussion on nine models. the tendency in recent discussions to stress procedural democracy is generally justified. DEMOCRACY.618 HUMAN RIGHTSQUARTERLY Vol. Elections. no matter how free and open. access to alternative sources of information. What Democracy Is . at 75.34 This extensive political freedom includes the right of all to run for office. Therefore. Popular and policy discussions tend to emphasize multiparty elections. are merely mechanisms for ascertaining the will of the people." In particular. (discussing polyarchy more broadly). POL. ratherthan just benefitting. 430 with Adjectives: Conceptual Innovation in Comparative Research. guided.35this article shall bring it to a close by noting that when we discuss types of democracy. See HELD. and Summer 1991. democracy. however. the leading contemporary procedural conception. supra note 26. attention usually shifts from the noun. ROBERT DAHL. falls far short of the demands of internationally recognized human rights." a common reference point in scholarly discussions. 2 J. 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. Thus the term "democratic"easily slides into an essentially superfluous synonym for "egalitarian. which is close to exhaustive with respect to recent procedural accounts). direct.POLYARCHY 35. David Collier & Steven Levitsky. procedural. 34. 49 WORLD (1997) (pursuing a diversity of definitions."Substantive conceptions are also subject to a variety of practical problems and abuses. this article suggests that electoral democracy. See also Philippe C. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Democracy Is Not. freedom of expression. such as substantive. 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. Robert Dahl's ideal type of "polyarchy.

however. By requiringthat every person receive certain goods. rather than some other group in society. social. but also fundamentally different in character. services. Even where democracy and human rights are not in direct conflict. however. This is not exactly correct. 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. require democratic government. For example. Furthermore. aim to empower individuals. will democracy contribute to realizing human rights. they often point in significantly different directions. the people are free. human rights practices among democracies vary dramatically. The link. as previously noted.203. as the Vienna Declaration puts it. and opportunities. the struggle for human rights is not only much more than the struggle for democracy. Empowerment of Whom? For What? Democracy aims to empower the people in order to ensure that they. the will of the people. rule. perform better on certain rights than some democratic states. no matter how it is ascertained. "to determine their own political.24 on Wed. however. Vienna Declaration. DEMOCRACY AND HUMAN RIGHTS Democracy and human rights share a commitment to the ideal of equal political dignity for all. In practice. Part I. thus limiting ratherthan empowering the people and their government. Because rights of democratic participation are but a small set of internationally recognized human rights.Democracy.17.37 Electoral 36. Only if a sovereign people wills respect for human rights. One may stipulate that the people do not really will anything inconsistent with internationally recognized human rights. A. economic. the acceptable range of political. supra note 3. Although democracy allocates sovereign authority to the people. it requires little of the sovereign people in return. need not run in the other direction."36 Human rights. often diverges from the rights of individual citizens. 37. 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. Democracies may have a better average human rights record than nondemocratic regimes. and thus constrains its own interests and actions. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Furthermore. by contrast. Rousseau This content downloaded from 200.1999 HumanRights. international human rights norms. Because they are sovereign. social and cultural systems. and what they do in so ruling. economic. I 8.and Development 619 V. Some non-democratic states. and cultural systems and practices is severely restricted.

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

The term "liberal" is used here only in this last sense." does most of The adjective "liberal. Schmitter e. The adjective also does the human rights work in consociational democracy..1999 HumanRights.17.24 on Wed. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .. Much the same is true of corporatist regimes in which labor. Establishing a secure electoral democracy in.. rightsbased logic that limits what the people or their representatives may legitimately do. 42. In contemporary discourse. The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective.Democracy. 1997). Below. in liberal democracies.41 However.. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. liberals. . SISK. (Electoral) democracy may remove violators of internationally recognized human rights. The democratic logic of popular rule operates only within the constraints set by individual human rights."). This content downloaded from 200. 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 need not take us very far toward implementing or enforcing many human rights.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. DEMOCRATIZATION Crawford Young eds. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C.203.g. supporters of economic markets. and some rights-protective choices are mandated ("[e]veryone has the right ."40 the human rights work. SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A. Cf. rather than the noun "democracy. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies. PATTERNS eds. However."). The link between electoral democracy (or democracy without adjectives) and human rights is much more tenuous. RONALDDWORKIN. the democratic logic of empowering the people is once more subordinated to a substantive.. especially in the United States. or other social groups are given special status in political decision making. "liberal"is used in reference to the non-Marxist left (antonym: conservative). 1982). Indonesia or Nigeria will only be a small 40. say. and supporters of rights. TIMOTHY 41. (discussing proposed contemporary applications in Africa). which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second. residents of a particular region. . See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D. Catholics and Protestants in Holland. Beckett & ing the classic statement). The consociational entrenchment of special rights for established social groups-for example.IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART. See.42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition.

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

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

(1977). and thus the benefits of growth. both national and international.624 HUMAN RIGHTSQUARTERLY Vol. 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. SUSTAINABLE AND ON ENVIRONMENT INTRODUCTORY GUIDE (1995). bilateral. LABOUR OFFICE 51.24 on Wed. the International Labor Organization's World Employment Program stressed increasing employment not only for its own sake but as a mechanism to spread income.RATIONALITIES.. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions .. Brown eds.. INTERNATIONAL GROWTH AND BASIC NEEDS: A ONE-WORLD PROBLEM. (1996). of standard growth strategies. e. and multilateral mainstream. per capita GDP. SUSTAINABLE SCIENCE. Postdependency? The Third World in an Eraof Globalization and Late205 (1997) (providing a brief account of the demise that Capitalism.. thus.g. The result is a richer and more holistic understanding of economic processes.50 The World Bank over the past two decades has given growing attention to issues of equitable growth. discussions of the role of women in development brought one set of distributional questions into the national. See For an extensive illustration of the penetration of gender concerns. This content downloaded from 200. In the late 1960s and 1970s. DAVID REID.AND PUBLICPOLICY AN DEVELOPMENT: Lemons & Donald A.. 22 ALTERNATIVES nonetheless acknowledges the continuing importance of dependency theory's underlying insights and motivations). IN DEVELOPING COUNTRIES INCOME DISTRIBUTION TO IMPROVE WITHGROWTH:POLICIES REDISTRIBUTION IN THECONTEXT OF ECONOMIC GROWTH(Hollis Chenery ed. Nonetheless. 52.49 More radical alternatives to growth-based understandings of development have emphasized equity or social justice rather than narrowly "economic" processes. LANCE HUMAN DEVELOPMENT AND SUSTAINABLE REFORM RECONCILING ECONOMIC UTE PIEPER. See Paul James. what is to be sustained is largely the capacity for autonomous increases in productive capability and. 1974). SUSTAINABLE WORLD: INTEGRATING IN A DEVELOPING SOCIO-ECONOMIC DEVELOPMENT et al. eds. see the World Bank's "Gender Net" at <http://www. SUSTAINABLE TAYLOR & AND ENVIRONMENTAL ASSESSMENT (Colin Kirkpatrick & Norman Lee eds. DEVELOPMENT. 1995).48 One major mainstream response to concerns over blocked or distorted development has been to emphasize long run or sustainable growth. DEVELOPMENT OF ACTION FORSUSTAINABLE AGENDA 21: PROGRAMME (1992). See generally EMPLOYMENT.51For instance. See also UNITED NATIONS CONFERENCE 50. 1996). In addition to a broader time frame. 21 attention on the dark distributional underside.worldbank. more widely.htm>.52 UNDP's vision of "sustainable human development" provides the current culmination of the drive for a greatly expanded conception of development. SUSTAINPERSPECTIVES APPLIEDAND THEORETICAL IN THIRD WORLD COUNTRIES: ABLEDEVELOPMENT (Valentine DEVELOPMENT: (John Udoh James ed. sustainable development perspectives also give much greater attention to environmental and other "externalities" excluded from neoclassical accounts. 1998). (Sylvie Faucheux See.ETHICS.203. 1997).17. AND STRATEGIES DEVELOPMENT: CONCEPTS..

which uses a measure that combines per capita GDP with life expectancy and literacy. Tensions between these objectives cannot be evaded by stipulativedefinitions. Less radical equity-oriented conceptions face similar problems. Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities.24 on Wed. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K. deprivation. that sometimes support and sometimes conflict with one another. such a definition fails to address the relationship between economic development and human rights. to participatein. along with democracy. The resulting measure does tell us more about national conditions of life than GDP alone. they should be rejected on analytical grounds. available on <http://magnet.55 Thus for the purposes of this article." which reflect very different political logics.It also increasestheir opportunity affectingtheir lives. human development is concernedwith the ways in which people worktogetherand interact.Democracy.htm>. decision-making forpersonal fulfillment. peace. As with liberal democracy. such as diseaseor repression disruptions in their lives. such as an educational system to which everybodyshould have access. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . INTEGRATING HUMAN RIGHTS. "Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger. the securityof livelihood. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity.17. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. as subsets of development. or endorse. redistribution and growth.203. For example.1999 HumanRights.undp. SEN. See K.. Setting aside the fact that neither most ordinary people nor governments use the term in this way. 54. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. POLICY DOCUMENT 2 (1997).53 Although the motives behind such efforts are admirable. and justice. at 3. Sen eds. "redistribution with growth" is indeed a desirable "Sustainable human development" simply redefines human rights. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report. But it fails to address the relationship between the social and economic indicators of "human development. SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996). However. this objective involves two processes. 55. 1993). 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. People need to be freed Security-Particularly and fromsuddenharmful fromthreats. "development" means sustainable 53. supra note 6. This content downloaded from 200.

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

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

24 on Wed. Bauer & Daniel A. In addition to the consequences for economic and social rights. especially when we consider the role of markets. in THE This content downloaded from 200. Markets are social institutions designed to produce economic efficiency. Therefore. 63.203. there is little evidence that repression has been necessary for. which often weakens democracy and encourages violations of civil and political rights. development.. 1999) (discussing the FORHUMAN RIGHTS EAST ASIAN CHALLENGE Cf. Markets and Economic and Social Rights The relationship between development and economic and social rights. an emphasis on the compatibility between civil and political rightsand economic development is entirely appropriate. even in the relatively rare cases where sustained economic development has been achieved by highly repressive regimes.63 B. Amartya Sen. Human Rights and Economic Achievements. 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. 64. Markets foster efficiency. the right to economic accumulation). is more complex. relationship between civil and political rights and development in the context of recent "Asian values" debates). There is thus an almost tautological relationship between markets and rapid growth. because the liberty tradeoff has never been seen as intrinsically desirable. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 88 (Joanne R. Rather than ensure that every person is treated with concern and respect. what is at times an almost uncontainable contemporary enthusiasm for markets is extremely problematic from a human rights perspective. This is importantfor the purposes of this article because growth (and thus markets) seems to be substantively linked to economic and social rights. (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. however. the economic chiropractic of structural adjustment frequently brings governments into popular disrepute.64 Like (pure) democracy. 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. Bell eds. not social equity or the enjoyment of individual rights for all. markets systematically deprive some individuals in order to achieve the collective benefits of efficiency. not individual rights (other than. perhaps. rather than compatible with.628 HUMAN RIGHTSQUARTERLY Vol. 21 In any case. Nonetheless.17.

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

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

24 on Wed. and human rights achieved in the liberal democratic welfare state is worthy of our highest praise and sustained effort. This content downloaded from 200. Rightsprotective regimes will also pursue economic development. only such states are systematically committed to the full range of internationally recognized human rights. however. development. But development is desirable as much for the resources it makes available to provide economic and social rights for members of disadvantaged groups as for the intrinsic values of the goods produced.203. the core objective of human rights would move away from the center of the discussion. 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.1999 HumanRights. or glossing over the crucial qualifying adjectives. especially in international policy contexts. Those regimes will be democratic. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . And as they did. Nonetheless. only (or at least primarily) because of such limits are these states' markets and democracies worthy of emulation.Democracy.17. a logic of universal individual rights constrains an essentially collectivist and utilitarian logic of aggregate benefits in order to assure that the common good or good of all is pursued in ways consistent with the rights of everyone. in practice. CONCLUSION One might respond that the preceding argument could be addressed simply by defining "democracy" (or "development") "properly. If the deepest and broadest attractions of the regimes we most admire arise from their commitment and contribution to human rights. They are desirable. Only the particular combination of democracy. we need to keep human rights in the forefront of the language by which we speak of them. as defined by the Universal Declaration of Human Rights. 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.and Development 631 to free markets. In addition. the crucial adjectives that would need to be incorporated into such definitions would probably slip quickly out of the discussion. In both cases. IX. All actual liberal democratic welfare states fall short of realizing all human rights even for their own nationals. 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." Although in principle this is possibly correct. Only in such states do robust markets and democracies operate within systematic limits set by human rights.

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

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