THE RIGHT TO DEMOCRACY

By Assistant Secretary of State Harold Hongju Koh


Photo of Harold Hongju Koh More than 50 years have passed since the Universal Declaration of Human Rights proclaimed that all human beings are "free and equal in dignity and rights." Yet for too long, the world's dictatorships have sought to undermine one of its most fundamental precepts: the right to democracy. Although Article 21 of the Declaration provides that "the will of the people shall be the basis of the authority of government...expressed in periodic and genuine elections," many governments continue to deny their citizens the right to choose their own government. In too many countries, leaders speak of democracy, even as they rig elections, suppress dissent and shackle the press. In this essay on the right to democracy, Assistant Secretary of State Harold Hongju Koh looks at democracy as "a long and complex struggle, which does not come easily," but is certainly worth the wait.

Since the founding of the Republic, Americans have recognized that constitutional democracy provides the best protection for the full range of human rights. Our democratic system has empowered Americans to challenge their own government and to secure fundamental political change. From the Civil War to the civil rights movement, Americans have demanded that their government adhere to the principles of self-government and civil liberties upon which this country was founded, thereby securing the blessings of equality, liberty and justice.

The right to democratic governance is both a means and an end in the struggle for human rights. Where democratic rights are guaranteed, freedom of conscience, expression, religion and association are all bolstered. In genuine democracies, rights to a fair trial and to personal security are enhanced. Elected leaders gain legitimacy through the democratic process, allowing them to build popular support, even for economic and political reforms that may entail temporary hardships for their people.

Democracy and genuine respect for human rights remain the best paths for sustainable economic growth. In contrast, an authoritarian developmental model may generate prosperity for a time, but cannot sustain it in the face of corruption, cronyism and continued denial of citizens' rights. When severe economic downturns occur, authoritarian regimes cannot respond flexibly or effectively to economic problems. Without genuine democratic mechanisms to channel popular displeasure, the government must often choose greater repression to avoid popular uprising.

Contrast Indonesia -- where a Soeharto regime lacking both accountability and transparency saw an economic downturn quickly deteriorate into a political crisis that ultimately led to the regime's collapse -- with the Republic of Korea, where genuinely democratic elections gave President Kim Dae Jung, a former political prisoner, the popular support he needed to implement austerity measures and economic reforms that helped return that country to prosperity. These events confirm that even in times of economic crisis, democracy, human rights and the rule of law are universal, not regional values.

To be sure, democratization is a long and complex struggle, which does not come easily. Government "of the people" cannot be imposed from the outside. Rather, countries must come to democracy by their own path. As Secretary Albright has noted, "[D]emocracy must emerge from the desire of individuals to participate in the decisions that shape their lives.... Unlike dictatorship, democracy is never an imposition; it is always a choice."

Moreover, democracy means far more than just holding elections. Elections should be regarded not as an end in themselves, but as the means to establish a political system that fosters the growth and self-fulfillment of its citizens by promoting and protecting their political and civil rights. Genuine democracy thus requires not just elections, but respect for human rights, including the right to political dissent; a robust civil society; the rule of law, characterized by vibrant political institutions, constitutionalism and an independent judiciary; open and competitive economic structures; an independent media capable of engaging an informed citizenry; freedom of religion and belief; mechanisms to safeguard minorities from oppressive rule by the majority; and full respect for women's and workers' rights. These principles -- combined with free and fair elections -- form the basis for a culture of democracy.

The United States supports democracy for the long haul. We foster the growth of democratic culture wherever it has a chance of taking hold. We focus particularly on providing support for countries in transition, defending democracies under attack and strengthening the network of established democracies. Each year, we invest over one thousand-million dollars in these efforts. We do so not just because it is right, but because it is necessary. Our own security as a nation depends upon the expansion of democracy worldwide, without which repression, corruption and instability would almost inevitably engulf countries and even regions.

Democracy holds its leaders accountable to the people. It provides breathing room for civil society. It opens channels for the free flow of information and ideas and, for the development of diverse and vibrant economic activity. History shows that democracies are less likely to fight one another and more likely to cooperate on security issues, economic matters, environmental concerns and legal initiatives. Where democracy flourishes, so too do peace, prosperity and the rule of law.

Democracy also remains the best path to securing the promises in the Universal Declaration of Human Rights. This past March, while addressing the first United Nations Commission on Human Rights of the millennium, Secretary of State Madeleine K. Albright called upon all Commission members to reaffirm the fundamental link between democracy and human rights. On April 25, the Commission heeded her call by unanimously adopting a Romanian-sponsored resolution recognizing the right to democracy.

By its action, the Commission reaffirmed, for the second consecutive year, the indissoluble link between democracy and human rights as a critical element of the Commission's work. Last year's U.S.-sponsored resolution on the right to democracy unanimously confirmed that democracy is not a privilege, but a human right. This year's Romanian-sponsored resolution took the message further by reaffirming that member states also have a solemn responsibility to promote and protect human rights by working together to consolidate democracy. The resolution confirmed that democracy is not a regional value nested in any particular social, cultural or religious tradition, but rather a universal value rooted in the rich and diverse nature of the community of democracies.

The Romanian resolution was co-sponsored by the U.S. and 60 other governments, a number of which only recently joined the community of democracies. This year's resolution passed 45 to 0; Bhutan, Congo, Pakistan, Qatar, Rwanda and Sudan abstained, joining China and Cuba, who abstained for a second consecutive year.

The Commission's recognition of the right to democracy represents a genuinely global initiative, developed through a genuinely global process, arising from a powerful global consciousness about the indissoluble link between democracy and human rights. As Secretary Albright noted when she addressed the Commission, "Democracy is the single surest path to the preservation and promotion of human rights."

The two democracy resolutions adopted by the U.N. Commission on Human Rights lay the groundwork for a series of important ministerial-level meetings that will bring together democratic nations to discuss how they can together promote and support democracy. These include the Community of Democracies meeting in Warsaw, Poland, in June, and the new and emerging democracies meeting set for Cotonou, Benin, in December. The millennium meeting of the U.N. General Assembly, scheduled to take place in New York in September, also should address this important issue.

Since 1974, the number of democracies worldwide has quadrupled. In the past 10 years alone, the number of electoral democracies has almost doubled to 120 nations worldwide, in good measure because democratic institutions offer the best guarantee of respect for human rights as well as the best chance to improve the lives of average citizens. As Vice President Al Gore noted in his November 1998 speech at the APEC summit in Malaysia, "History has taught us that freedom -- economic, political and religious freedom -- unlocks a higher fraction of the human potential than any other way of organizing society." Recent events have only confirmed that democratic governance and human rights remain inextricably intertwined with our efforts to bring the blessings of prosperity, security and peace to ourselves for posterity.

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