Development and human rights: The necessary, but partial integration of human rights and development

Human Rights Quarterly

Volumn 22, Issue 3, 2000, Pages 734-752

  Sano, Hans Otto ^a,b  

^a Danish Centre for Human Rights   (Denmark)

^b ROSKILDE UNIVERSITY   (Denmark)

Author keywords

[No Author keywords available]

Indexed keywords

AID POLICY; DEVELOPMENT ECONOMICS; HUMAN RIGHTS;

EID: 0033872737     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.2000.0037     Document Type: Article

References (66)

1. THE RIGHTS WAY TO DEVELOPMENT: A HUMAN RIGHTS APPROACH TO DEVELOPMENT ASSISTANCE (Human Rights Council of Australia eds., 1995).
2. Id. at 25-26.
3. Vienna Declaration and Programme of Action, U.N. GAOR, World Conf. on Hum. Rts., 48th Sess., 22d plen. mtg., U.N. Doc. A/CONF.157/24 (1993), reprinted in 32 I.L.M. 1661 (1993).
4. Declaration on the Right to Development, adopted 4 Dec. 1986, G.A. Res. 41/128 U.N. GAOR, 41th Sess., Annex, U.N. Doc. A/Res/41/128/Annex (1986), reprinted in 32 I.L.M. 911.
5. See JOHN DEGNBOL MARTINUSSEN, SOCIETY, STATE AND MARKET: A GUIDE TO COMPETING THEORIES OF DEVELOPMENT (1997); see also BJÖRN HETTNE, DEVELOPMENT THEORY AND THE THREE WORLDS (1ST ed. 1991).
6. See JOHN DEGNBOL MARTINUSSEN, SOCIETY, STATE AND MARKET: A GUIDE TO COMPETING THEORIES OF DEVELOPMENT (1997); see also BJÖRN HETTNE, DEVELOPMENT THEORY AND THE THREE WORLDS (1ST ed. 1991).
7. See SCOTT DAVIDSON, HUMAN RIGHTS (1993).
8. See NOBERTO BOBBIO, THE AGE OF RIGHTS (1996).
9. See Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess. (Resolutions, pt. 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. 127 (Supp. 1949) [hereinafter UDHR].
10. Richard Wilson characterized the UDHR as one that pretends to be universal, but actually reflects an idealistic European political tradition. See Richard A. Wilson, Human Rights, Culture and Context: An Introduction in HUMAN RIGHTS, CULTURE AND CONTEXT: ANTHROPOLOGICAL PERSPECTIVES 4 (1997). There are, however, different interpretations of this; for example, in a commentary by predominantly Nordic researchers, it is stated on the basis of a thorough discussion of each of the articles of the UDHR: "It is often argued that the UDHR is 'Western' (or 'Northern') in approach." There is some truth to it, but it is frequently exaggerated. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: A COMMENTARY 11 (Asbjørn Eide, Gudmundur Alfredsson, Göran Melander, Lars Adam Rehof, & Allan Rosas, eds., with the collaboration of Theresa Swinehart, 1992).
11. Richard Wilson characterized the UDHR as one that pretends to be universal, but actually reflects an idealistic European political tradition. See Richard A. Wilson, Human Rights, Culture and Context: An Introduction in HUMAN RIGHTS, CULTURE AND CONTEXT: ANTHROPOLOGICAL PERSPECTIVES 4 (1997). There are, however, different interpretations of this; for example, in a commentary by predominantly Nordic researchers, it is stated on the basis of a thorough discussion of each of the articles of the UDHR: "It is often argued that the UDHR is 'Western' (or 'Northern') in approach." There is some truth to it, but it is frequently exaggerated. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: A COMMENTARY 11 (Asbjørn Eide, Gudmundur Alfredsson, Göran Melander, Lars Adam Rehof, & Allan Rosas, eds., with the collaboration of Theresa Swinehart, 1992).
12. See Asbjørn Eide & Allan Rosas, Economic, Social and Cultural Rights: A Universal Challenge in ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A TEXTBOOK 16 (Asbjørn Eide, Catarina Krause & Allan Rosas eds., 1995); Allan Rosas, The Right to Development in ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A TEXTBOOK 247 passim (Asbjørn Eide, Catarina Krause, & Allan Rosas eds., 1995).
13. See Asbjørn Eide & Allan Rosas, Economic, Social and Cultural Rights: A Universal Challenge in ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A TEXTBOOK 16 (Asbjørn Eide, Catarina Krause & Allan Rosas eds., 1995); Allan Rosas, The Right to Development in ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A TEXTBOOK 247 passim (Asbjørn Eide, Catarina Krause, & Allan Rosas eds., 1995).
14. A newer work demonstrates clearly that the environment is seldom defined as a human right, and that a human rights approach is used increasingly as a relevant means to achieve a safe environment. See HUMAN RIGHTS APPROACHES TO ENVIRONMENTAL PROTECTION (Allan Boyle & Michael Anderson eds., 1996).
15. JOHAN GALTUNG, MENNESKERETTIGHEDER: VESTLIGE, UNIVERSELLE ELLER BEGGE DELER? [Human Rights: Western, Universal or Both], 138 (1997).
16. BOBBIO, supra note 7, at xi.
17. See Eide & Rosas, Economic, Social and Cultural Rights: A Universal Challenge, supra note 10, at 16.
18. See Rosas, The Right to Development, supra note 10, at 251-52; see also Willem van Genugten, The Use of Human Rights Instruments in the Struggle Against (Extreme) Poverty, in LAW, POWER AND POVERTY 105-08 (Asbjørn Kjønstad & John Veit Wilson eds., 1997); Bård-Anders Andreassen, On the Normative Core of the Right to Development, FORUM FOR DEVELOPMENT STUDIES 2, 179-93. (1997).
19. See Rosas, The Right to Development, supra note 10, at 251-52; see also Willem van Genugten, The Use of Human Rights Instruments in the Struggle Against (Extreme) Poverty, in LAW, POWER AND POVERTY 105-08 (Asbjørn Kjønstad & John Veit Wilson eds., 1997); Bård-Anders Andreassen, On the Normative Core of the Right to Development, FORUM FOR DEVELOPMENT STUDIES 2, 179-93. (1997).
20. See Rosas, The Right to Development, supra note 10, at 251-52; see also Willem van Genugten, The Use of Human Rights Instruments in the Struggle Against (Extreme) Poverty, in LAW, POWER AND POVERTY 105-08 (Asbjørn Kjønstad & John Veit Wilson eds., 1997); Bård-Anders Andreassen, On the Normative Core of the Right to Development, FORUM FOR DEVELOPMENT STUDIES 2, 179-93. (1997).
21. See Rosas, supra note 15, at 252; van Genugten, supra note 15, at 107.
22. State-individual thinking was reflected in the human rights indicators established during the first half of the 1990s. See, e.g., CHARLES HUMANA, WORLD HUMAN RIGHTS GUIDE: A COMPREHENSIVE SURVEY OF THE HUMAN RIGHTS RECORD OF 104 MAJOR COUNTRIES THROUGHOUT THE WORLD XII-XIV (1992).
23. See van Genugten, supra note 15, at 108; John Gledhill, Liberalism, Socio-Economic Rights and the Politics of Identity: From Moral Economy to Indigenous Rights in HUMAN RIGHTS, CULTURE AND CONTEXT: ANTHROPOLOGICAL PERSPECTIVES 71 (Richard A. Wilson ed., 1997).
24. It should be noted that this section concentrates on the mainstream in development theory.
25. See David Booth, MARXISM AND DEVELOPMENT SOCIOLOGY: INTERPRETING THE IMPASSE (1985).
26. See JOHN TOYE, DILEMMAS OF DEVELOPMENT: REFLECTIONS ON THE COUNTER-REVOLUTION IN DEVELOPMENT THEORY AND POLITICS (1987).
27. ADJUSTMENT WITH A HUMAN FACE: PROTECTING THE VULNERABLE AND PROMOTING GROWTH (Giovanni Adrea Cornia et al. eds., 1987).
28. UNDP, HUMAN DEVELOPMENT REPORT 1990 (1990).
29. WORLD BANK, WORLD DEVELOPMENT REPORT 1990 (1990).
30. See UNDP, supra note 23, at 10.
31. See UNDP, supra note 23.
32. See WORLD BANK, supra note 24.
33. See also David P. Forsythe, The United Nations, Human Rights and Development 19 HUM. RTS. Q. 348-49 (1997). Forsythe stresses that both UNDP and the World Bank increasingly support participatory development. But he also complains about the fact that these development institutions do not more explicitly support democracy and human rights. Forsythe does not make any clear distinction, however, between democratic governance and human rights.
34. It is this paradigm that is expressed in UNDP's Human Development Report in the 1990s, the final declaration from the Copenhagen summit meeting and Danida's strategy of 1994, A Developing World.
35. It is this paradigm that is expressed in UNDP's Human Development Report in the 1990s, the final declaration from the Copenhagen summit meeting and Danida's strategy of 1994, A Developing World.
36. Although the 1990s human development paradigm refers to both the World Bank and UNDP, it should be emphasized that theories still exist that take their point of departure to a greater extent in relations of conflict and exploitation. It is noteworthy, however, that the development perspective adhered to by many NGOs can easily be placed within the framework of the human development paradigm.
37. See also JOHN DEGNBOL MARTINUSSEN, SOCIETY, STATE AND MARKET: A GUIDE TO COMPETING THEORIES OF DEVELOPMENT 32 (1997).
38. See Wilson, supra note 9, at 17.
39. DANIDA, MENNESKERETTIGHEDER OG DEMOKRATI I DANSK UDVIKLINGSPOLITIK [Human Rights and democracy in Danish development policy]. Copenhagen, Foreign Ministry (1993).
40. Danida, Vurdering af gennemførelse af hovedelementerne i Strategi for dansk udviklingspolitik frem mod år 2000 "En verden i udvikling" [Evaluation of fulfillment of the main elements in Strategy for Danish Development Policy toward the year 2000, "A Developing World"] (1997) 9.
41. See Danida, Danidas årsberetning [Danida's Annual Report] 1996. Copenhagen: Foreign Ministry, 17-19 (1997).
42. See Danida, supra note 34 at 7.
43. See supra note 1 and accompanying text.
44. See OECD, DAC EXPERT GROUP ON AID EVALUATION, EVALUATION OF PROGRAMS PROMOTING PARTICIPATORY DEVELOPMENT AND GOOD GOVERNANCE. SYNTHESIS REPORT 77 (1997); WORLD BANK, DEVELOPMENT AND HUMAN RIGHTS: THE ROLE OF THE WORLD BANK 2 (1998).
45. See OECD, DAC EXPERT GROUP ON AID EVALUATION, EVALUATION OF PROGRAMS PROMOTING PARTICIPATORY DEVELOPMENT AND GOOD GOVERNANCE. SYNTHESIS REPORT 77 (1997); WORLD BANK, DEVELOPMENT AND HUMAN RIGHTS: THE ROLE OF THE WORLD BANK 2 (1998).
46. See KATARINA TOMASEVSKI, BETWEEN SANCTIONS AND ELECTIONS: AID DONORS AND THEIR HUMAN RIGHTS PERFORMANCE 64-65 (1997).
47. See Nicholas H. Moller, The World Bank: Human Rights, Democracy and Governance 15 NETH. Q. HUM. RTS. 21-45 (1997) (for a good summary of the arguments and change of positions of the World Bank).
48. See id. at 25-26.
49. WORLD BANK, GOVERNANCE: THE WORLD BANK'S EXPERIENCE 53 (1994).
50. See id.; See also WORLD BANK, supra note 38, at 30.
51. See Sigrum I. Skogly, The Position of the World Bank and the International Monetary Fund in the Human Rights Field, in AN INTRODUCTION TO THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS 231 (Raija Hanski & Markku Suksi eds., 1997).
52. See Lucila Jallade et al., International Cooperation in COPING WITH CRISIS: AUSTERITY, ADJUSTMENT AND HUMAN RESOURCES 255 (1994).
53. See WORLD BANK, supra note 38, at 30.
54. See Audrey R. Chapman, A "Violations Approach" for Monitoring the International Covenant on Economic, Social and Cultural Rights, 18 HUM. RTS. Q. 23 (1996).
55. See generally UNDP, INTEGRATING HUMAN RIGHTS WITH SUSTAINABLE HUMAN DEVELOPMENT: A UNDP POLICY DOCUMENT (1998).
56. See also Wilson, supra note 9, at 1.
57. See Bård-Anders Andreassen et al., Assessing Human Rights Performance in Developing Countries: The Case for a Minimal Threshold Approach to Economic and Social Rights in HUMAN RIGHTS IN DEVELOPING COUNTRIES. A YEARBOOK ON HUMAN RIGHTS IN COUNTRIES RECEIVING NORDIC AID 333(1987). See also BUHL, DANA. RIPPLE IN STILL WATER: REFLECTIONS BY ACTIVISTS ON LOCAL- AND NATIONAL-LEVEL WORK ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (1997); THE MAASTRICHT GUIDELINES ON VIOLATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS (Theo van Boven, et al. eds., 1998).
58. See Bård-Anders Andreassen et al., Assessing Human Rights Performance in Developing Countries: The Case for a Minimal Threshold Approach to Economic and Social Rights in HUMAN RIGHTS IN DEVELOPING COUNTRIES. A YEARBOOK ON HUMAN RIGHTS IN COUNTRIES RECEIVING NORDIC AID 333(1987). See also BUHL, DANA. RIPPLE IN STILL WATER: REFLECTIONS BY ACTIVISTS ON LOCAL- AND NATIONAL-LEVEL WORK ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (1997); THE MAASTRICHT GUIDELINES ON VIOLATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS (Theo van Boven, et al. eds., 1998).
59. See Bård-Anders Andreassen et al., Assessing Human Rights Performance in Developing Countries: The Case for a Minimal Threshold Approach to Economic and Social Rights in HUMAN RIGHTS IN DEVELOPING COUNTRIES. A YEARBOOK ON HUMAN RIGHTS IN COUNTRIES RECEIVING NORDIC AID 333(1987). See also BUHL, DANA. RIPPLE IN STILL WATER: REFLECTIONS BY ACTIVISTS ON LOCAL- AND NATIONAL-LEVEL WORK ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (1997); THE MAASTRICHT GUIDELINES ON VIOLATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS (Theo van Boven, et al. eds., 1998).
60. See Martha Nussbaum, Capabilities and Human Rights, 66 FORDHAM L. REV. 273 (1997).
61. See Andreassen et al., supra note 50, at 341.
62. China has recently signed the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights; however, these covenants have not been ratified by the Chinese state. From this fact alone, it is clear that one-fifth of the world's population is not protected by their state's formal acceptance of these major covenants.
63. See generally T.W. BENNETT, HUMAN RIGHTS AND AFRICAN CUSTOMARY LAW: UNDER THE SOUTH AFRICAN CONSTITUTION (1995).
64. See A.S. TSANGA, ADJAMAGBO-JOHNSON, & M. SOGO, DIRECTORY OF LEGAL SERVICES PROGRAMMES IN AFRICA (1997).
65. James C.N. Paul, Participatory Approaches to Human Rights in Sub-Saharan Africa in HUMAN RIGHTS IN AFRICA: CROSS-CULTURAL PERSPECTIVES 237 (Abdullahi Ahmed An-Na'im & Francis M. Deng eds., 1990).
66. International Covenant on Economic, Social and Cultural Rights, adopted 16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, arts. 11-13, U.N. Doc. A/ 6316 (1966), 993 U.N.T.S. 3 (entered into force 3 Jan. 1976).