Development and Human Rights

Dr Su-ming KhooDept of Political Science and SociologyNUI Galway s.khoo@nuigalway.iewww.nuigalway.ie/dern

Reflections on Human Rights TodayAmnesty International 30 May 2007

Synopsis Development and rights The Human Right To Development RTD is contested, but has core value Indivisibility - a historic obligation What RTD emphasises

the human person, participation,non-discrimination,

substantive processes, tools Further reading

Development and rights

Cold War divisions undermine UDHR

The Empire of Liberty vs. the Empire of Justice

HR in the West ideologically distanced from

economic and social rights despite welfare state

consensus

“Economic Development” as a Cold War strategy

Economism of development Seers (1969) the meaning of development

Critique of economism (means and ends)

Turn to humanism and ethics

Development of WHAT?

Countries? Peoples? Persons?

Postcolonialism – self-determination, collective rights,

international obligations (Bandung 1955, NIEO 1974)

Sen (1993, 1999) Human functionings, capabilities,

Freedoms

Development – a tall order

A process of economic growth, expanding

output and employment

Institutional transformation and technological

progress of a country

“…that steadily improves the well-being of all

people” (E/CN.4/2004/WG.18/2)

Definition of the human right to development

a right to “a particular process of development in which

all human rights and fundamental freedoms can be fully realized”

Emphasises rights-based (non-discriminatory) access to

goods/services corresponding to the realization of

different rights

First proposed by Keba M’Baye 1972,

Working Group est. 1981 – influences African Charter

1986 UN Declaration on Right to Development

Open ended WG + Ind. Expert 1998

Reaffirmed Vienna 1993, Millennium Declaration 2000 etc.

The human right to development does NOT…

Provide a legally binding obligation on the

part of developed countries to provide

development assistance

OR Constitute a new human right that

“trumps” other existing rights

The human right to development DOES

Take the global partnerships approach (MDG8)

further and ground it in human rights

Encourage us to critically evaluate globalization

and understand its impact on human rights

Underline the responsibility and accountability

of governments, donors, recipients, IMF/WB/WTO

RTD is contested 1

Developed countries disagree that they have

a legal obligation to provide assistance

Developing countries feel they have a right

to development assistance due in part to

legacy of colonialism/ neocolonialism

Contesting development/ globalisation

Decolonization

‘The concerns of decolonized states were

translated into demands for greater recognition

of economic, social and cultural rights,

international recognition that colonialism and

neocolonialism were gross violations of

international human rights law, and the push to

recognize development cooperation as an

obligation owed by former colonial powers,

rather than as an act of charity’ (Orford, 1991: 131)

RTD is contested 2

Fear of RTD as “trumps”?

Emphasis on communities, not individuals a dangerous

“…delusion of well-meaning optimists” (Donnelly 1985:489)

“…something of a mantra for states seeking to

justify the privileging of economic development over human

rights and to legitimize repressive or authoritarian policies”

(Orford 2001: 132)

Repressive “Asian developmentalism” (Ghai 1994)

RTD emphasises interdependence and indivisibility

RTD’s core focus

The human person is the central subject of

development and should be the active participant

and beneficiary of the right to development

The State is only an agent through which

individual rights are asserted vis-à-vis the

international community (Alston 1994:512)

RTD as ends and process

Other rights are ends, process is the means

“the right of people to…improved realization

of different human rights, as well as the right

to the process itself”

Requires resources – goods and services

Duty bearers are primarily States, but also

the international community

I saw the angel in the marble and carved until I set him free.

Michelangelo

Sources

Alston, P (1985) The Shortcomings of a Garfield the Cat Approach to the Right to Development

California Western International Law Journal 510

Baxi, U ‘The Development of the Right to Development’ in J. Symonides Ed.

Bedjaoui, M ‘The Right to Development’

Ghai, (1994) ‘Human rights and Governance: The Asia Debate’ 15 Australian Year

Book of International Law 1

M’Baye, K. (1972) ‘Le droit au développement comme un droit de l’homme’ Revue des droit de

l’homme 1972 503

Orford, Anne (2001) Globalization and the Right to Development in P. Alston (ed)

People’s Rights OUP

Piron, Laure-Hélène (2002) ‘The Right to Development: A review of the Current State of the Debate

For DFID’ http://www.odi.org.uk/pppg/publications/papers_reports/dfid/issues/rights/right_to_dev.pdf