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

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

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

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

3 (entered into force 3 Jan.T. 2200 (XXI). 1966. Nowhere else has so much progress been made in assuring that almost the entire population enjoys most internationally recognized civil.S. U. adopted 16 Dec. Legal Theory. III. Social and Cultural Rights. and General Principles. and human rights reflects a distinctive and contingent balancing of markets (development). G. In the fifty years since the United Nations General Assembly adopted the Universal Declaration of Human Rights.N.24 on Wed.A. which has arguably acquired the status of customary international law. G. Doc. 609 (1979) (giving a skeptical view of the UDHR as customary law). and human rights. 10. the rights that one has simply as a human being. 1976) [hereinafter ICCPR]. 2200 (XXI).N.A. development. Doc. The Sources of Human Rights Law: Custom.S. GAOR. L.T.U. 21st Sess. democracy.. literally. 171 (entered into force 23 Mar. 993 U. Unless democracy and development are understood and pursued in very particularways.612 HUMAN RIGHTSQUARTERLY Vol. 84 (1992).. J. This content downloaded from 200. They are also inalienable rights. 1966.S. 16. Y.N. International Covenant on Civil and Political Rights.11 The Vienna 9.10The International Covenant on Economic. 999 U. and social rights. Supp. Res. No. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Bruno Simma & Philip Alston. GAOR. L. they may place human rights at risk. and individual human rights. and development were misguided. HUMAN RIGHTSAND HUMANITARIAN NORMS AS CUSTOMARY LAW 79 (1989). virtually all states have endorsed the Declaration. this article argues that the Western liberal democratic welfare states' fusion of development. Watson. U. DEFINING HUMAN RIGHTS Human rights are. Social and Cultural Rights has 141 parties. elections (democracy). ILL.F. A/6316 (1966).N. 21st Sess. we can take them as having been authoritatively answered. 82. 1976) [hereinafter ICESCR]. As such they are equal rights. InternationalCovenant on Economic. because we are all equally human beings. Real conflicts between the logics of democracy.N. democracy.9 The International Covenant on Civil and Political Rights currently has 144 parties. U. Res. are often overlooked today. INT'L Efficacy and Validity in the Development of Human Rights Norms in International Law. 12 AUSTL. See THEODORMERON. A/6316 (1966). however. For the purposes of contemporary international relations. 11. 16. however. However.203. Supp. Where do such rights come from? How do we determine which particular human rights we have? Such philosophically vital questions are immensely contentious.17. No. Jus Cogens. political. 21 values and structures.B. economic.N. The struggle for human rights certainly has been fostered by an awareness that many Cold War era claims of conflicts between human rights. 3 U. because no matter how inhumanely we act or are treated we cannot become other than human beings. adopted 16 Dec.

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

social.socialist and most African and Asian states emphasized economic. 21 human rights of its citizens. (1989). their protection and promotion is the first responsibility of Governments.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. such challenges to the interdependence and indivisibility of human rights have little of the resonance of twenty-five. pmbl."23 Thus. most Western states. In particular. states. This content downloaded from 200. the year of the fiftieth anniversary of the Universal Declaration.17. Thus the Universal Declaration proclaims itself The "a common standard of achievement for all peoples and all nations. Part I."22 adopted a series of resolutions that have reaffirmed "the universality. the United Nations Commission on Human Rights has rights. however. Social and Cultural Rights. Vienna Declaration. supra note 3.614 HUMAN RIGHTSQUARTERLY Vol. other systems for regulating relations between individuals. 21. better reflected the reality of highly selective approaches. however.. and cultural rights to the exclusion of civil and political rights.21In the United Nations. supra note 4." Id.24 on Wed. pmbl. 22. or even ten. years ago. in both their domestic practice and international pronouncements. and Study of Special Problems IN THEORY AND PRACTICE 49-87 HUMAN RIGHTS See generally JACKDONNELLY. Today. however. the lack of development may not be invoked to justify the abridgement of internationally recognized human Likewise. most Western states similarly over-emphasized civil and political rights. the preamble emphasizes "the responsibilities of all States . in 1998. 1[ 10. indivisibility.UNIVERSAL 20. 19. Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. supra note 3. official rhetoric held that all human rights were "interdependent and indivisible."19In all regions of the world. Vienna Declaration.203. the United States is a deviant outlier among Western states. has chosen to endorse human rights in the strongest possible terms. 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. Part I. EI 1. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . and society have been the norm throughout most of history. 23. In this regard. inordinate attention was given to self-determination and racial discrimination.. however.20 During the Cold War era. At Vienna it was agreed that "while development facilitates the enjoyment of all human rights. By the 1970s." The existence of two separate Covenants. In much the same vein. See Question of the Realization in All Countries of the Economic. UDHR."18 Vienna Declaration is unusually forthright. In the 1950s and 1960s. 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. Contemporary international society. the motto of the office of the High Commissioner for 18. as in so many others in the field of human rights.

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

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

33. Cole trans."31 Democratic theories often are distinguished by their reliance on "substantive" or "procedural" tests in making this determination. DEMOCRACY 31. 6. All of Held's definitions are extremely open. which calls for accountability of the rulerto the representatives of the ruled. and the sixth meaning. See JEAN-JACQUES THE SOCIALCONTRACT AND THEDISCOURSES 202 (G. Therefore. if that term is to mean more than the absence of systematic misrule by a narrow segment of society. 271. 1993). Id. namely that all are involved in crucial decision making. Thatrulersshould be chosen by the representatives of the ruled. while the generalwill tendsto equality. (1975)). supra note 26. 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. very nature.and Development 4. 32. must be government of or by the people. although often encountered.33 30. at 3 (drawing heavily on a list in JACKLIVELY. Beyond benefitting from good governance. supra note 3. disparaged this (procedural) "will of all. HELD. namely that rulers act for the ruled. Held's six other meanings encompass an immense variety of political forms. the fourth meaning. However. may involve entirely representative government. for a [private] will to agreeon some pointwith the generalwill.. forthe [private] will tends. Thatrulersshould be accountableto the representatives of the ruled.1999 HumanRights. Vienna Declaration. For example. which states that rulers should be chosen by representatives of the ruled.32Instead he advocated following "the general will. For example. is not a defensible conception of democracy.203. Part I. 7.17. Rousseau. and Ottoman sultans all (contentiously yet plausibly) claimed to rule in the interests of the people. Thatrulersshould be chosen by the ruled. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . however.24 on Wed. which frequently is not the same as the aggregated preferences of individuals and groups." the reflective. it is [While]it is not impossible at leastimpossible forthe agreement to be lastingand constant.D. the trick is to determine "the freely expressed will of the people. as these regimes illustrate. I 8. In contrast. Chinese emperors." which often expresses only particular individual and group interests. Thatrulersshould act in the interests of the its to partiality. 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. requires extensive direct participation by citizens. at 202. government forthe people may or may not be democratic. directly or through representatives. the people in a democracy must be the source of the government's authority to rule. at 199.30 617 The last of these common meanings. democracy. Bourbon kings.Democracy.H. Id. the second meaning. rational interest of the whole people. 5. ROUSSEAU.

. requires not only free and fair elections based on an inclusive franchise but also extensive political freedom to assure truly open elections. direct. freedom of expression. the tendency in recent discussions to stress procedural democracy is generally justified. Pure procedural democracy can easily degenerate into non-democratic or even anti-democratic formalism.34 This extensive political freedom includes the right of all to run for office.DEMOCRACY (1971). this article suggests that electoral democracy. liberal. electoral. In the theoretical literature.203. and freedom of association. 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. Democracy Is Not. representative." In particular. POL. guided. and people's. for a discussion on nine models. Thus the term "democratic"easily slides into an essentially superfluous synonym for "egalitarian. Popular and policy discussions tend to emphasize multiparty elections. ANDITS CRITICS See generally ROBERT (1989) DAHL. See HELD. This content downloaded from 200. access to alternative sources of information.24 on Wed. Schmitter & Terry Lynn Karl. 21 Purely substantive conceptions. ratherthan just benefitting. such as substantive.17." a common reference point in scholarly discussions. are merely mechanisms for ascertaining the will of the people.. at 75.POLYARCHY 35. Elections. 430 with Adjectives: Conceptual Innovation in Comparative Research. supra note 26. While this discussion of forms and types of democracy could be extended to great lengths. Robert Dahl's ideal type of "polyarchy. For example. no matter how free and open. Substantive conceptions rightly insist that we not lose sight of the core values of popular authority and control over government. This article will argue that the human rights work of most contemporary "democracies" is rooted in substantive adjectives such as "liberal. falls far short of the demands of internationally recognized human rights. to the adjectives describing democracy. lose the link to the idea of the people ruling. attention usually shifts from the noun. 2 J. three of which have two major variants. 34. the leading contemporary procedural conception. which is close to exhaustive with respect to recent procedural accounts). 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . leading procedural conceptions also emphasize mechanisms to assure an open and unfettered electoral process. 49 WORLD (1997) (pursuing a diversity of definitions. however.35this article shall bring it to a close by noting that when we discuss types of democracy. See also Philippe C."Substantive conceptions are also subject to a variety of practical problems and abuses. however. DEMOCRACY. Therefore. and Summer 1991.618 HUMAN RIGHTSQUARTERLY Vol. procedural. ROBERT DAHL. What Democracy Is . David Collier & Steven Levitsky. (discussing polyarchy more broadly). democracy.

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

which have as their referent governments like Britain. Direct democracy. France. as Athens dramatically illustrated. 'antidemocratic.38Those claiming human rights who insist on pursuing class (or other selfish) interests inconsistent with the interests of the people/proletariat are. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . At this point. in the name of democracy. However. The people may choose to rule through standing. a frustrated reader might respond that people today do not have in mind ancient Greece or theorists like Kant and Madison. profoundly anti-democratic." In fact. human rights are. It is perhaps worth noting explicitly that there is no necessary connection between democracy and the rule of law. can be remarkablyintolerant. History and etymology inform but do not determine contemporary conceptions of democracy. do not exercise their sovereignty in ways that violate basic rights. Japan." 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. was rooted in the classical democratic ideal and was updated with a deeply egalitarian vision of the proletariat as a universal class. But what form of government is this? B. at 202.17. either democracy or human rights becomes superfluous. This content downloaded from 200. to be coerced into compliance with the good of all. See Richard W. 3 Soc. For example. 59 (1986) POL'Y (providing a good. and the United States (or some other such list). 32. Germany. in an important sense. through their elected representatives. 21 democracies often serve the particular interests of key constituencies. See ROUSSEAU. let alone Marx. India. the US Supreme Court is.24 on Wed. neutral laws or through some other mechanism. 272. Human rights advocates would respond. Democracy and claimsthatthe generalwill is alwaysperfectand incorruptible. Liberal versus Electoral Democracy The standard answer from comparative politics is "liberal democracy. in such cases. supranote 38. Fair enough. Any alternative would be. Miller." The dictatorship of the proletariat. brief defense of Marx's democratic credentials).' because it regularly frustratesthe will of the people. Conversely. 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. A central purpose of constitutional review is to assure that the people. PHIL.620 HUMAN RIGHTSQUARTERLY Vol. "so much the worse for democracy. anti-democratic. whatever the practical problems of real world Stalinist regimes.203. or even perhaps several paragraphs earlier. Democracy and Class Dictatorship. by design. non-democratic regimes may (although they rarely do in practice) respect the rule of law. in a significant sense.

However. The consociational entrenchment of special rights for established social groups-for example. Establishing a secure electoral democracy in.17.. This content downloaded from 200. SOCIETIES: (1975) (discussIN NIGERIA OF DEMOCRACY (Paul A. in liberal democracies. 1997). liberals. which is the doctrine of contemporary neoOF PRINCIPLE 181-205 (1985). .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. or Walloons and Flemish in Belgium-may facilitate the guaranteeing of human rights for all in plural societies. 1982).IN A MATTER DEMOCRACY IN PLURAL A COMPARATIVE EXPLORATION See AREND LIJPHART..1999 HumanRights. See also DILEMMAS IN SOUTH AFRICA:THE ELUSIVE D.. PATTERNS eds.Democracy. DEMOCRATIZATION Crawford Young eds. "liberal"is used in reference to the non-Marxist left (antonym: conservative)."). 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." does most of The adjective "liberal. this article will implicitly argue that it is more associated with the first sense-what might be called "old" liberals-than with the second. The link between electoral democracy (or democracy without adjectives) and human rights is much more tenuous. need not take us very far toward implementing or enforcing many human rights. rightsbased logic that limits what the people or their representatives may legitimately do. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . The adjective also does the human rights work in consociational democracy. The term "liberal" is used here only in this last sense.41 However. RONALDDWORKIN.42 The struggle for liberal democracy is a struggle for human rights-but only because the adjective has built human rights into the definition. especially in the United States. rather than the noun "democracy. The democratic logic of popular rule operates only within the constraints set by individual human rights. . Indonesia or Nigeria will only be a small 40. Below. and supporters of rights. and some rights-protective choices are mandated ("[e]veryone has the right ."40 the human rights work. some rightsabusive choices are denied to the people ("[c]ongress shall make no law. Schmitter e. say. (discussing proposed contemporary applications in Africa).. or other social groups are given special status in political decision making. The liberal commitment to individual rights more than the democratic commitment to popular empowerment makes contemporary liberal democracies rights-protective.g.203. Beckett & ing the classic statement).24 on Wed."). the democratic logic of empowering the people is once more subordinated to a substantive. Much the same is true of corporatist regimes in which labor. (Electoral) democracy may remove violators of internationally recognized human rights. In contemporary discourse. residents of a particular region. Cf. Catholics and Protestants in Holland. TIMOTHY 41. SOCIALCONTRACT (1995) OF CORPORATIST POLICY-MAKING (Gerhard Lehmbruch & Philippe C. SISK.. supporters of economic markets. See.

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

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

In the late 1960s and 1970s.48 One major mainstream response to concerns over blocked or distorted development has been to emphasize long run or sustainable growth. The result is a richer and more holistic understanding of economic>. See Paul James. more widely. 1974). See also UNITED NATIONS CONFERENCE 50.203. 22 ALTERNATIVES nonetheless acknowledges the continuing importance of dependency theory's underlying insights and motivations). bilateral. SUSTAINPERSPECTIVES APPLIEDAND THEORETICAL IN THIRD WORLD COUNTRIES: ABLEDEVELOPMENT (Valentine DEVELOPMENT: (John Udoh James ed.52 UNDP's vision of "sustainable human development" provides the current culmination of the drive for a greatly expanded conception of development. DEVELOPMENT OF ACTION FORSUSTAINABLE AGENDA 21: PROGRAMME (1992). SUSTAINABLE SCIENCE.RATIONALITIES.49 More radical alternatives to growth-based understandings of development have emphasized equity or social justice rather than narrowly "economic" processes. Nonetheless. 1998). LANCE HUMAN DEVELOPMENT AND SUSTAINABLE REFORM RECONCILING ECONOMIC UTE PIEPER. sustainable development perspectives also give much greater attention to environmental and other "externalities" excluded from neoclassical accounts. See generally EMPLOYMENT.17.. 1995).24 on Wed. (Sylvie Faucheux See. 52. and thus the benefits of growth. and multilateral mainstream.50 The World Bank over the past two decades has given growing attention to issues of equitable growth. Postdependency? The Third World in an Eraof Globalization and Late205 (1997) (providing a brief account of the demise that Capitalism.. LABOUR OFFICE 51. (1977). DAVID REID. 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. DEVELOPMENT. SUSTAINABLE TAYLOR & AND ENVIRONMENTAL ASSESSMENT (Colin Kirkpatrick & Norman Lee eds.51For instance. discussions of the role of women in development brought one set of distributional questions into the national. eds.AND PUBLICPOLICY AN DEVELOPMENT: Lemons & Donald A.624 HUMAN RIGHTSQUARTERLY Vol.g. 1997). both national and international. 49. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . thus. SUSTAINABLE WORLD: INTEGRATING IN A DEVELOPING SOCIO-ECONOMIC DEVELOPMENT et al.. SUSTAINABLE AND ON ENVIRONMENT INTRODUCTORY GUIDE (1995). In addition to a broader time frame. 21 attention on the dark distributional underside. what is to be sustained is largely the capacity for autonomous increases in productive capability and. Brown eds. e. 1996). INTERNATIONAL GROWTH AND BASIC NEEDS: A ONE-WORLD PROBLEM. This content downloaded from 200.ETHICS. of standard growth strategies. See For an extensive illustration of the penetration of gender concerns. (1996). AND STRATEGIES DEVELOPMENT: CONCEPTS.. per capita GDP.. IN DEVELOPING COUNTRIES INCOME DISTRIBUTION TO IMPROVE WITHGROWTH:POLICIES REDISTRIBUTION IN THECONTEXT OF ECONOMIC GROWTH(Hollis Chenery ed. the International Labor Organization's World Employment Program stressed increasing employment not only for its own sake but as a mechanism to spread income.worldbank. see the World Bank's "Gender Net" at <http://www.

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. Sustainability-Theneeds of this generationmustbe met withoutcomproto be free of povertyand deprivation and misingthe rightof futuregenerations to exercise theirbasic capabilities. "redistribution with growth" is indeed a desirable objective. However. "Human rights and sustainable human development are inextricably linked"54only if development is defined to make this relationship tautological. decision-making forpersonal fulfillment.Democracy. available on <http://magnet. to peace. People need to be freed Security-Particularly and fromsuddenharmful fromthreats. Co-operation-Witha sense of belongingimportant well-being and a sense of purpose and meaning. such as diseaseor repression disruptions in their lives.It also increasestheir opportunity affectingtheir lives. Setting aside the fact that neither most ordinary people nor governments use the term in this way. supra note 6.53 Although the motives behind such efforts are admirable. the securityof livelihood. "Sustainable human development" simply redefines human rights. Less radical equity-oriented conceptions face similar problems. The resulting measure does tell us more about national conditions of life than GDP alone. 54.203.24 on Wed. and justice. 55. "development" means sustainable 53. human development is concernedwith the ways in which people worktogetherand interact. This content downloaded from 200. SEN. As with liberal democracy. Perhaps the most sophisticated effort along this line is UNDP's annual Human Development Report. as subsets of development. at 3. means morethan Equity-The expansionof capabilitiesand opportunities income-it also means equity.17. 1993). INTEGRATING HUMAN RIGHTS. See K. which uses a measure that combines per capita GDP with life expectancy and literacy. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . SUSTAINABLE also SUDHIRANAND & AMARTYA HUMAN DEVELOPMENT: CONCEPTS AND PRIORITIES (1996). or endorse. UNITED NATIONS DEVELOPMENT GOVERNANCE FOR SUSTAINABLE DEVELOPMENT: A UNDP PROGRAMME. redistribution and growth. they should be rejected on analytical grounds.htm>.. along with democracy. Sen eds. such as an educational system to which everybodyshould have access. THE QUALITY OF LIFE(Martha Nussbaum & Amartya K.and Development 625 Empowerment-The expansion of men and women's capabilities and wantand choices increasestheirabilityto exercisethose choices freeof hunger.1999 HumanRights. Tensions between these objectives cannot be evaded by stipulativedefinitions. But it fails to address the relationship between the social and economic indicators of "human development. deprivation." which reflect very different political logics. For example. POLICY DOCUMENT 2 (1997). that sometimes support and sometimes conflict with one another. this objective involves two processes.55 Thus for the purposes of this article. such a definition fails to address the relationship between economic development and human rights.

Oct. These tradeoffs. 6 J. and analytical wisdom of recognizing such a human right). See also Jagdish Bhagwati. at 102-56. at least in the short and medium run. 1994. 41st Sess.N. especially the equity 56. GAOR. U. 5 J.A. A/Res/41/128/Annex (1987). largely avoided.56 VII. Compare Adam Przeworski & Fernando Limongi. through cross-national tion: Theories and Facts. 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. 15 CAL. INT'L L. Annex. social. contribute to.24 on Wed.Jack Donnelly. 49 WORLD analysis. Economic Reform and Democracy. adopted 4 Dec. 6 J. Doc. DEMOCRACY.626 HUMAN RIGHTSQUARTERLY Vol. Does High Income Promote Democracy?. 255 (1984). at 5-118. political.. Oct. 21 growth of per capita GDP. DEVELOPMENT AND HUMAN RIGHTS57 In the early 1980s. G. Jack Donnelly. at 50 (1995) (for a recent argument emphasizing the compatibility of democracy and economic development. eds. which often were presented as necessary.155 (1997) (showing." and poses similar analytical drawbacks. 57.17.W. See Jack Donnelly. legal. Here.473 (1985) (arguing against the moral. 41/128. The Declaration on the Right to Development.58The author of this article identified two commonly asserted tradeoffs: the equity tradeoff (sacrifice of distributional equity in favor of rapid capital accumulation. in which all human rights and fundamental freedoms can be fully realized. 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." Id. and in some cases had been. The New Thinking on Development. question. Human Rights and Development: Complementary or Competing ConPOL.203. 1 (1996) (finding a T. 49 WORLD more generally positive relationship between development and democracy). between development and human rights. most analysts saw a fundamental conflict. The conception of development here is about as broad as "sustainable human development. by an author who had earlier argued for the necessity of a tradeoff). ModernizaPOL.J. and perhaps even morally problematic. cerns?. 1995. This definition is in some ways stipulative. but ratherthat it strengthens established democracies) with John Benedict Londregan & Keith POL. 36 WORLD This content downloaded from 200. Res. could be. and enjoy economic. Poole. Given that most states show at least as much vigor in their pursuit of growth as their pursuit of human rights. 1995. 1993). Economic Reform and Democracy. rather than a definitional. DEMOCRACY. Nevertheless it treats the relationship between human rights and "development" as an empirical. DEMOCRACY. 58. Third ININTERNATIONAL LAW Generation Rights. any bias in favor of drawing attention toward tensions between human rights and development seems well justified.. Symposium. cultural and political development. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 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). 1986. In Search of the Unicorn: The Jurisprudence of the Right to Development. U. at 3. Apr. in PEOPLES AND MINORITIES 119 (Catherine Brolmann et al. that economic development does not facilitate transitions to democracy. See generally Symposium.N.

as in Singapore. In Sub-Saharan Africa. WOLFE. UNITED QUEST FOR GOOD GOVERNANCE NATIONSDEVELOPMENT THE SHRINKING STATE: AND HUMAN DEVELOPMENT IN GOVERNANCE PROGRAMME.24 on Wed. Deng & Terrence Lyons eds." Although far short of advocating the full range of internationally recognized civil and political rights. For example. AND DEVELOPMENT See WORLD BANK. A VOICE FOR THEEXCLUDED: IN DEVELOPMENT PARTICIPATION DEVELOPMENT AND GOOD GOVERNANCE (Konrad (1994). GOVERNANCE (1992) (providing an important multilateral See also MATTHIASTIEFEL & MARSHALL POPULAR statement). international financial institutions in the 1990s have increasingly emphasized the economic contributions of "good governance. even short-term growth often was not achieved. See id. see 1998 Question. China is the major exception that proves the rule. South Korea. promised economic goods are in fact delivered. 1998).Democracy. When the rhetoric is repeated in places like North Korea. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . blanket advocacy of the liberty tradeoff-a staple of the 1960s and 1970s-is rarely encountered today. either inside or outside the country. Some highly repressive regimes have achieved sustainable industrial growth. especially when. supra note 23. 61. Most developmental dictatorships.61 "Soft" authoritarianism still receives some respect. Taiwan.. an emphasis on transparency. 60.17. SUSTAINABLE Ginther et al. EASTERN EUROPE AND THECOMMONWEALTH OF INDEPENDENT STATES (1997). and Belarus. eds. For recent regional applications.62 59.203. accountability. This content downloaded from 200. have been dismal failures. there is a growing tendency to emphasize compatibilities between civil and political rights and development. 62. Development and Civil and Political Rights Simple assertions of the interdependence of development and civil and political rights60certainly go too far. however.1999 HumanRights. Burma..59Here this article will continue to emphasize the contingency of the relations between human rights and development. few take it seriously. A. For example. and the rule of law does characteristically lead to advocacy of electoral democracy and a considerable range of civil liberties. 1995). In socialist party-statedictatorships. Most recently. However. Largely because of this experience. and Singapore in the 1970s and 1980s. short and medium run growth proved unsustainable. and China in the 1990s replicated the earlier experience of Western Europe. Those forced to sacrifice personal rights and liberties usually have not received development (sustainable growth) in return.and Development 627 tradeoff. but against the background of a somewhat different dominant mainstream. see AFRICAN RECKONING: A (Francis M. along with most LatinAmerican and Asian military dictatorships and civilian oligarchies.

Nonetheless. which often weakens democracy and encourages violations of civil and political rights.24 on Wed. In addition to the consequences for economic and social rights. perhaps. 63. however.17. (free) markets are justified by arguments of collective good and aggregate benefit. 64. Rather than ensure that every person is treated with concern and respect. 1999) (discussing the FORHUMAN RIGHTS EAST ASIAN CHALLENGE Cf.203. Countries such as Cuba and Sri Lanka achieved short and medium run success but long run failure under development plans that emphasized state-based (re-)distributionover market-based growth. the economic chiropractic of structural adjustment frequently brings governments into popular disrepute. rather than compatible with.63 B. in THE This content downloaded from 200.628 HUMAN RIGHTSQUARTERLY Vol. is more complex. markets systematically deprive some individuals in order to achieve the collective benefits of efficiency. Therefore. even in the relatively rare cases where sustained economic development has been achieved by highly repressive regimes. development. because the liberty tradeoff has never been seen as intrinsically desirable. There is thus an almost tautological relationship between markets and rapid growth. Markets foster efficiency. relationship between civil and political rights and development in the context of recent "Asian values" debates). Bell eds. especially when we consider the role of markets. 21 In any case. not individual rights (other than. not social equity or the enjoyment of individual rights for all. there is little evidence that repression has been necessary for. Markets are social institutions designed to produce economic efficiency. Bauer & Daniel A.64 Like (pure) democracy. Human Rights and Economic Achievements. the right to economic accumulation). an emphasis on the compatibility between civil and political rightsand economic development is entirely appropriate.. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . This is importantfor the purposes of this article because growth (and thus markets) seems to be substantively linked to economic and social rights. 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. Markets and Economic and Social Rights The relationship between development and economic and social rights. Amartya Sen. what is at times an almost uncontainable contemporary enthusiasm for markets is extremely problematic from a human rights perspective. 88 (Joanne R. Smoothly functioning market systems of production and distribution characteristically produce a greater output of goods and services with a given quantity of resources than alternative schemes.

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

and internationally recognized human rights. is a device to assure that a minority that is disadvantaged in. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . Democracy. 21 because they are not designed to do so. markets and democracy alone do not even try to realize all human rights for all. Democracy is certainly preferable to authoritarian rule. The welfare state. sacrifice individuals and their rights to a "higher" collective good.this article has emphasized the shortcomings of both democratic decision making and market-led growth in the absence of a prior commitment to the full range of internationally recognized human rights. Human rights are required to civilize both democracy and markets by restrictingtheir operation to a limited. Free markets are an economic analog to a political system of majority rule without minority rights. Liberaldemocracy. Marketsand elections-"market democracy" in the language of Clinton administration foreign policy-are of largely instrumental value from a human rights perspective. like pure democracy. are preferable This content downloaded from 200. each objective is much less attractive.contingent conjunction of democracy. However. market efficiency. Free markets. does a political economy merit our respect. rights-defined domain. 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. THE LIBERAL WELFARE STATE DEMOCRATIC The liberal democratic welfare states of Western Europe. and North America are attractive models for much of the rest of the world because of the particular balance they have struck between the competing demands of democratic participation.24 on Wed. however. development. In particular. is preferable to electoral democracy. 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). However. Separately. markets is treated with minimum economic concern and respect. VIII. or deprived by.630 HUMANRIGHTS QUARTERLY Vol. and human rights gives the liberal democratic welfare state its hegemonic appeal. Japan.203. from this perspective. Only when the pursuit of prosperity is tamed by economic and social rights. it is especially importantto keep human rights at the center of our attention. Welfare states. however. development. Without market efficiencies and democratic electoral politics. This particular. such as when markets are embedded in a welfare state. they need not be. Inthe post-Cold Warera of democratic and markettriumphalism. Without denying the contributions to economic and social rights that can flow from efficiency.17. Markets certainly are preferable to command economies. internationally recognized human rights are indeed at grave risk.

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

and basic civil liberties that in the initial post-Cold War euphoria many had hoped were behind us. if sometimes implicitly.632 HUMAN RIGHTSQUARTERLY Vol. 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. official US policy has come to prefer the language of markets and democracy. 12 Mar 2014 10:27:29 AM All use subject to JSTOR Terms and Conditions . 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. It is clear. When it comes to broader positive ideals. This article can thus be read as a plea to keep human rights. But they have usually seen democracy and development not as ends but as means to a life of dignity. and thus the substantive commitment to human dignity. to contemporary US foreign policy. But the real passion (and resources) usually are saved for markets and democracy.17.24 on Wed. however. This content downloaded from 200. Contemporary international society has in substantial measure defined such a life of dignity in terms of respect for internationally recognized human rights. development. Human rights still make a regular appearance in every important speech. however. More positively. this article has tried to underscore the dangers of confusing means (markets and elections) with ends (human rights). Exactly what such policies are is well beyond the scope of this article. we have seen a shift from even the Bush administration's characteristic talk of market democracy. In (almost certainly over-) emphasizing tensions between human rights and democracy and development. and human rights that are possible when the overriding goal is all human rights for all. 21 Countless people over hundreds of years have struggled and suffered for democracy and development. 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. personal security. This article also speaks clearly. explicitly central in our political language. Today.203.

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