Despots Masquerading as Democrats
Human Rights Watch World Report
2008 - Introduction
by Kenneth Roth
http://hrw.org/wr2k8/introduction/index.htm,
January 31, 2008
Rarely has democracy been so acclaimed
yet so breached, so promoted yet so disrespected, so important
yet so disappointing. Today, democracy has become the sine qua
non of legitimacy. Few governments want to be seen as undemocratic.
Yet the credentials of the claimants have not kept pace with democracy's
growing popularity. These days, even overt dictators aspire to
the status conferred by the democracy label. Determined not to
let mere facts stand in the way, these rulers have mastered the
art of democratic rhetoric that bears little relationship to their
practice of governing.
Why else would as ruthless a leader as
Uzbekistan's President Islam Karimov choose to stage elections?
Why bother? Karimov heads a government that has imprisoned some
7,000 people for political and religious reasons, routinely tortures
detainees, and as recently as 2005 massacred hundreds of protesters
in Andijan. He is hardly a democrat, and he faces no real opponents
in December 2007 elections because no one dares mount a serious
challenge to his rule. Even a constitutional prohibition against
a third seven-year presidential term has not stood in his way.
Yet this brutal president finds utility
in holding electoral charades to legitimize his reign. So do,
among others, Robert Mugabe of Zimbabwe, Pervez Musharraf of Pakistan,
Hosni Mubarak of Egypt, Meles Zenawi of Ethiopia, and Vladimir
Putin of Russia.
Even China has gotten into the game. In
an October 2007 speech to the Communist Party Congress, President
Hu Jintao used the word "democracy" more than 60 times
in calling for more of it within the party. Yet that has not stopped
him from barring independent political parties, blocking legal
efforts to uphold basic rights, and shutting down countless civil
society organizations, media outlets, and websites. And there
are no national elections. So what did he have in mind? The party
allowed 221 candidates to contest 204 seats for its Central Committee.
The techniques used by such autocrats
to tame the nettlesome unpredictability of democracy are nothing
if not creative. The challenge they face is to appear to embrace
democratic principles while avoiding any risk of succumbing to
popular preferences. Electoral fraud, political violence, press
censorship, repression of civil society, even military rule have
all been used to curtail the prospect that the proclaimed process
of democratization might actually lead to a popular say in government.
Part of the reason that dictators can
hope to get away with such subterfuge is that, unlike human rights,
"democracy" has no legally established definition. The
concept of democracy reflects the powerful vision that the best
way to select a government and guide its course is to entrust
ultimate authority to those who are subject to its rule. It is
far from a perfect political system, with its risk of majoritarian
indifference to minorities and its susceptibility to excessive
influence by powerful elements, but as famously the "least
bad" form of government, in the words of Winston Churchill,
it is an important part of the human rights ideal. Yet there is
no International Convention on Democracy, no widely ratified treaty
affirming how a government must behave to earn the democracy label.
The meaning of democracy lies too much in the eye of the beholder.
By contrast, international human rights
law grants all citizens the right to "take part in the conduct
of public affairs, directly or through freely chosen representatives"
and to "vote" in "genuine periodic elections"
with "universal and equal suffrage" and "secret
ballot" so as to "guarantee[] the free expression of
the will of the electors." It also grants a range of related
rights that should be seen as essential to democracy in any robust
and meaningful form, including rights protecting a diverse and
vigorous civil society and a free and vibrant press, rights defending
the interests of minorities, and rights ensuring that government
officials are subject to the rule of law. The specificity and
legally binding nature of human rights are their great strength.
But when autocrats manage to deflect criticism for violating these
rights by pretending to be democrats, when they can enjoy the
benefits of admission to the club of democracies without paying
the admission fee of respect for basic rights, the global defense
of human rights is put in jeopardy. Why bother complying with
so intrusive a set of rules as international human rights law
when, with a bit of maneuvering, any tyrant can pass himself off
as a "democrat"?
The misuse of the democratic name is not
entirely new. The one-time German Democratic Republic (the name
of the now-defunct one-party Communist state in East Germany)
or today's Democratic People's Republic of Korea (the improbable,
official name of North Korea) are prime examples. But few gave
any credence to these Orwellian claims. The sad new development
is how easy it has become for today's autocrats to get away with
mounting a democratic facade.
It is not that pseudo-democratic leaders
gain much legitimacy at home. The local population knows all too
bitterly what a farce the elections really are. At best, these
leaders gain the benefit of feigned compliance with local laws
requiring elections. Rather, a good part of the motivation today
behind this democratic veneer stems from the international legitimacy
that an electoral exercise, however empty, can win for even the
most hardened dictator. Because of other interests-energy, commerce,
counterterrorism-the world's more established democracies too
often find it convenient to appear credulous of these sham democrats.
Foremost has been the United States under
President George W. Bush. In a troubling parallel to abusive governments
around the world, the US government has embraced democracy promotion
as a softer and fuzzier alternative to defending human rights.
Democracy is a metric by which the United States still measures
up fairly well, but human rights are a standard by which the record
of the Bush administration is deeply troubling. Talk of human
rights leads to Guantanamo, secret CIA prisons, waterboarding,
rendition, military commissions, and the suspension of habeas
corpus. Despite the 2000 presidential elections, discussion of
democracy takes place on a more comfortable terrain.
Such divorcing of democracy from the international
standards that give it meaning helps to convince autocrats that
mere elections, regardless of the circumstances, are sufficient
to warrant the democrat label. Bush's response to then-General
Musharraf's November 2007 declaration of "emergency rule"
illustrates the problem. Even after Musharraf's effective coup
and his detention of thousands of political opponents, Bush said
that Musharraf had somehow not "crossed the line." Bush
could hardly trumpet Musharraf's human rights record, so he declared
that Musharraf is "somebody who believes in democracy"
and that Pakistan was "on the road to democracy." But
if, unlike human rights law, "the road to democracy"
permits locking up political opponents, dismissing independent
judges, and silencing the independent press, it is easy to see
why tyrants the world over are tempted to believe that they, too,
might be eligible. As such unworthy claimants as the leaders of
Egypt, Ethiopia, Kazakhstan, and Nigeria wrap themselves in the
democracy mantle with scant international objection, the concept
of democracy gets cheapened, its human rights component cast aside.
To make matters worse, the Bush administration's
efforts to rationalize the invasion of Iraq in terms of democracy
promotion has made it easier for autocrats to equate pressure
on them to democratize with an imperial, militarist agenda. Sadly,
that cynical ploy often works, because much of the world today
views any Washington-led campaign for democracy as a pretext for
military invasion or regime change, if not also as a recipe for
chaos. Dictators have learned that conjuring up visions of Iraq
can be a useful way to blunt pressure to democratize. And governments
that might have defended a more robust vision of democracy are
reluctant to do so for fear of being seen as joining the Bush
agenda.
Other governments, too, have treated empty
elections as an excuse to re-start business as usual with dictatorships
that merit denunciation, not partnership. A prime example is the
treatment of Kazakhstan by the Organization for Security and Cooperation
in Europe (OSCE), a body that comprises 56 governments from Europe
and Central Asia as well as the United States and Canada. In August
2007, President Nursultan Nazarbaev staged parliamentary elections
in which the OSCE found vote-counting flaws in 40 percent of the
polling stations it visited. The predictable result: Nazarbaev's
party won all the seats in the lower house of parliament with
a declared 88 percent of the vote, and no opposition party was
said to have surpassed the 7 percent threshold needed for parliamentary
representation. This fraud occurred against a backdrop of continuing,
widespread human rights violations: government loyalists dominate
the broadcast media, independent journalists are threatened and
harassed for criticizing the president or the government, libel
continues to be used as a criminal offense, and opposition activists
risk imprisonment, such as Alibek Zhumbaev, currently serving
a five-year prison term for insulting Nazarbaev.
But the OSCE, in evidence-be-damned fashion,
claimed that the elections had "moved Kazakhstan forward
in its evolution towards a democratic country." This wishful
thinking was apparently designed to avoid keeping Kazakhstan from
its long-sought goal of becoming the first former Soviet republic
to chair the OSCE. Preoccupied by energy concerns, Germany joined
Russia in supporting this inappropriate candidacy. Although the
US and British governments led the opposition, they, too, ultimately
wavered. In November 2007, OSCE states by consensus granted Kazakhstan
the chairmanship in 2010. Kazakhstan, rather than having to demonstrate
respect in fact for the democracy and human rights standards that
are at the heart of the OSCE, had only to pledge to undertake
media and electoral reform and to stop trying to undermine the
OSCE's human rights mandate. Dumbing down democracy in this form,
with little protest from the governments that are best placed
to serve as its guardians, has made it easier for authoritarian
leaders like Nazarbaev to masquerade as democrats and deflect
pressure for more meaningful human rights reform.
Of course, insisting on real democracy
is not the only test of the international community's commitment
to human rights. Also of fundamental importance is its response
to mass atrocities in places such as eastern Chad, Colombia, eastern
Congo, the Ogaden region of Ethiopia, Iraq, Somalia, Sri Lanka,
and the Darfur region of Sudan, as well as to closed societies
or severe repression in countries such as Burma, China, Cuba,
Eritrea, Libya, North Korea, Saudi Arabia and Vietnam. These urgent
situations are addressed in detail within this volume. But the
human rights cause must be concerned not only with these severe
cases but also with governments that may be slightly more open
but still use repressive means to prevent any challenge to their
rule. Their task is eased when mere gestures toward democracy
are allowed to displace respect for the full panoply of human
rights.
To avoid this shell game, to prevent the
appeal of "democracy" from being abused as a poor surrogate
for more exacting rights standards, there is an urgent need to
reclaim the full meaning of the democratic ideal. That does not
mean advocating a narrowly defined form of governance. Democracy
legitimately comes in many varieties, including systems based
on proportional representation and first-past-the-post models,
those featuring a strong president and those centered around a
powerful prime minister, those that entrust authority primarily
to the executive branch and those that prefer a stronger legislature.
But all democracies worthy of the name have certain common characteristics,
including periodic competitive elections that are freely held
as well as transparently and accurately tabulated, a meaningful
array of political parties, independent media outlets, civil society
organizations that give citizens-including minorities-a broad
range of opportunities to band together with others to make their
voices heard, and a legal system that ensures that no one-and
especially no government official-is above the law.
In 2007, democracy showed continuing vitality
in, for example, Sierra Leone, Jamaica, Poland, and Australia-all
countries where power alternated and opposition parties took office
after elections that were widely considered free and fair. In
Turkey, when the military launched a so-called email coup in an
effort to block the democratically elected, moderate Islamic government
from appointing one of its officials, Abdullah Gül, as president,
the government called an early general election, received an overwhelming
reaffirmation of its mandate, and proceeded to appoint Gül
anyway. The Turkish people's desire for democracy proved strong.
Still, many dictators are eager to legitimize
themselves on the cheap. If they can get away with a sham election,
they will. Their ability to do so depends in large part on the
vigilance of established democracies in insisting on democracy
in all its dimensions, including respect for a broad array of
human rights and the rule of law. A principled commitment to democracy
is not easy. It may mean putting pressure on dictatorial friends
or promoting rights that even some established democracies would
prefer not to highlight. But a principled commitment is needed
if the promotion of democracy is to serve as a source of real
pressure to respect human rights rather than a new tool to bypass
international standards in favor of a feel-good, empty alternative.
To recapture the powerful ideal of democracy,
so central to the human rights cause yet so at risk of being manipulated
as a false but beguiling substitute, requires heightened attention
to the clever subterfuges of its detractors. What follows is a
summary of recent trends as governments violate human rights to
subvert democracy or trumpet democracy to avoid discussion of
human rights.
Upholding democracy also requires avoiding
some of the pitfalls that have undermined recent efforts to defend
it. As described below, many established democracies have fallen
victim to the tendencies to bank on the "democrat" rather
than democratic principles, to accept the false dichotomy that
the only alternative to the despot one knows is the despot one
fears, to claim that democracy could flourish even if divorced
from the human rights that give it meaning, or to modulate demands
for genuine democracy according to the strategic value of the
democracy pretender. These tendencies must be resisted if democracy
promotion is to reach its potential as a positive force for human
rights.
Rhetorical Games
Authoritarian leaders' evasive use of
democracy often begins with word games and rhetorical sleights
of hand suggesting that restrictions undermining democracy are
really necessary to save it. In Pakistan, for example, Musharraf
imposed "emergency rule" to prevent the then-independent
Supreme Court from ruling illegal his election as president while
he remained the head of the military. Despite this very personal
motivation, he claimed the coup was necessary to "preserve
the democratic transition." Similarly in Bangladesh, an army-appointed
caretaker government banned all political and trade union activities
and limited press freedoms, all in the name of preparing credible
national elections.
Many repressive leaders have tried to
redefine democracy by introducing a devastating qualifier or an
antithetical adjective. President Vladimir Putin, as he cripples
democracy by shutting down all competing centers of influence
in Russia, has become a proponent of "sovereign democracy,"
meaning in effect that democracy is whatever the sovereign wants
it to mean. As the Burmese junta rounded up protesting monks and
violently suppressed dissent, it spoke of the need for "disciplined
democracy." China has long promoted "socialist democracy,"
by which it means a top-down centralism that eliminates minority
views.
Musharraf in Pakistan justified "emergency
rule" as "genuine democracy," explaining: "We
want democracy, we want human rights, we want civil liberties
but we will do it our own way." Libya's Mu`ammar al-Qadhafi
uses the term "participatory democracy" to justify abolishing
independent political parties on the grounds that the population
does not need them as intermediaries because it participates directly
in governance through government-staged assemblies. In the Cuban
version of the same concept, candidates must be pre-approved by
mass organizations controlled by the government, and the constitution
severely limits any political organization other than the Communist
Party.
Electoral Fraud
Ordinary electoral fraud is one of the
most common strategies to circumvent the uncertainties of democracy.
In addition to the case of Kazakhstan, cited above, Nigeria and
Chad are recent examples.
In Nigeria, facing the first transfer
of power from one civilian leader to another since the country's
independence in 1960, the ruling People's Democratic Party resorted
to massive fraud to ensure that its candidate, Umaru Yar'Adua,
succeeded Olusegun Obasanjo as president in April 2007 elections.
In an effort to redeem some legitimacy, Yar'Adua, to his credit,
has launched an electoral reform process, has allowed the courts
to overturn several of his party's fraudulent state-level victories,
and continues to face judicial review of his own tainted election.
But no one has been prosecuted for the blatant ballot-stuffing,
vote-buying, and political intimidation that were central to his
"election," so the Nigerian people are losing confidence
that he will translate his reformist rhetoric into a new democratic
reality.
In Chad, President Idriss Déby,
who seized power in 1990, has given his rule the imprimatur of
democracy by holding three sham presidential elections. In 2005,
he did away with a provision barring him from seeking a third
five-year term by amending the constitution in a referendum plagued
by irregularities. Anticipating fraud, opposition groups refused
to field candidates for the 2006 presidential elections, leaving
Déby to prevail easily over four weak challengers including
two government ministers. The United States and European Union
declined to send observers, while the balloting was marred by
low voter participation, underage voting, and multiple voting.
Controlling the Electoral Machinery
Fair elections depend on the independence
of the people running them, so it should come as no surprise that
one favorite way for rulers to manipulate elections is to stack
electoral machinery with their supporters. In Azerbaijan, where
electoral fraud has been a persistent problem, the ruling party
of President Ilham Aliev names the chairperson and maintains a
majority on the election commission. In Zimbabwe, opposition parties
are excluded from the Electoral Commission. In Thailand, the new
military-sponsored constitution allows members of the National
Election Commission to be selected by the Senate, which was once
elected but is now appointed.
The case of Malaysia illustrates why governments
seek control of the electoral machinery. Its government-dominated
Election Commission rejected opposition efforts to remove alleged
phantom voters from the electoral rolls, eliminate the widespread
use of absentee ballots by government workers, and permit access
to state-controlled media by all political parties. Similarly,
Cambodia has made an art of holding elections staged by a National
Election Commission controlled by the ruling Cambodian People's
Party, which then simply ignores claims of violence, fraud, or
intimidation by independent monitors or opposition parties.
Because of such failings, national electoral
monitoring mechanisms are often supplemented by international
institutions. But these, too, have been targeted by those seeking
to manage elections. The Kremlin effectively prevented observers
from the Office for Democratic Institutions and Human Rights,
the main election monitoring body of the OSCE, from reviewing
Russia's December 2007 parliamentary elections by delaying visas,
limiting the number of international monitors to be admitted,
and threatening to prevent the OSCE from offering its assessment
until long after Russia's government-controlled media had shaped
public perceptions of the balloting.
Blocking and Discouraging Opposition Candidates
One obvious way to fix an election is
to prevent opposition candidates from running. Iran has perfected
this method, with its Council of Guardians having rejected some
half of the candidates for the 2004 parliamentary elections, most
of whom it apparently deemed too reform-minded. In Cuba, the Communist
Party-controlled National Assembly has the authority to reject
any prospective candidate for public office. Tunisia refuses to
legalize most genuine opposition parties. In Thailand, the military
government's election commission adopted stringent new rules permitting
disqualification of candidates for such trivial offenses as playing
music at rallies or having posters not of an approved size-evidently
with the goal of eliminating candidates of the People's Power
Party, the successor to ousted Prime Minister Thaksin Shinawatra's
Thai Rak Thai party.
In several cases, more punitive measures
were used. In 2005, just months before Uganda's first multiparty
parliamentary and presidential elections in 26 years, the government
jailed the leading opposition presidential challenger, Kizza Besigye,
on politically-motivated charges of treason and rape. He was later
released, but the detention significantly impaired his ability
to contest elections a few months later, which he lost to President
Yoweri Museveni. In Zimbabwe, the government sent a similar message
of discouragement to would-be challengers in March 2007 by dispatching
police to severely beat opposition leader Morgan Tsvangirai and
to arrest scores of other opposition members.
Turkmenistan had the chance to finally
give its people a real choice after the December 2006 death of
Saparmurat Niazov, the tyrant who ruled the country for 21 years
and laid waste to its social welfare system. Instead, the chair
of parliament, who was the constitutionally designated successor
to Niazov as interim president, was imprisoned on charges of driving
a relative to attempt suicide, paving the way for Gurbanguly Berdymukhamedov
to take over. Five low-ranking "alternative" candidates,
all representing the country's sole political party, ran unsuccessfully
against Berdymukhamedov. No opposition leader was allowed to return
from exile to stand as a candidate.
Sometimes, opposition candidates are permitted
to run for office but then are punished for having done so, discouraging
such challenges in the future. Under President Alexander Lukashenko
of Belarus, the government detained both opposition candidates
who challenged him in the March 2006 presidential election. One
of them is serving a five-and-a-half-year prison term on "hooliganism"
charges.
Similarly, in 2005, at a time when Egyptian
President Mubarak was still facing pressure from the US government
to democratize, he allowed other candidates to run against him.
Ayman Nour, his most energetic and popular opponent, won an officially
reported 7 percent of the vote. But to ensure that Nour's candidacy
would not encourage more formidable future challengers, the Egyptian
government convicted him after an unfair trial on politically-motivated
charges of forgery and sentenced him to five years in prison.
Again following the powerful showing in
the 2005 parliamentary elections of the Muslim Brotherhood, the
country's largest opposition group, the Egyptian government detained
more than a thousand of its members, holding some for up to eight
months. The government has prohibited political activity with
a religious basis, eliminating the possibility that the Muslim
Brotherhood could become a legally recognized political party.
The government has also discussed preventing candidates from running
as independents, which is how Muslim Brotherhood members have
managed so far to participate in elections.
Israel took this process to a new level
by detaining candidates even after they had won an election. Dismayed
that Hamas won parliamentary elections in 2006, Israel arrested
Hamas legislators so that the party could not obtain a quorum
in parliament.
Political Violence
Violence is a tool commonly used to tame
democracy. In Lebanon, unidentified assailants have assassinated
a series of figures from the parliamentary majority, which has
been engaged in an ongoing political struggle with Syria and its
allies in Lebanon. In Chechnya, Ramzan Kadyrov-the president installed
by the Kremlin-uses security forces known as the "Kadyrovtsy"
to brutally enforce his rule. Cambodia's Hun Sen, prime minister
since 1985, has used violence in election after election to muffle
dissent, including numerous assassinations of opposition party
members, independent journalists, human rights defenders, and
trade union leaders. Ethiopian authorities reacted to unexpected
opposition wins in the 2005 elections by violently dispersing
peaceful demonstrations and detaining most of the opposition leadership.
In Zimbabwe, which has scheduled presidential
and parliamentary elections for March 2008, the government has
let loose youth militia and "war veterans" to beat,
torture and rape opposition figures, and the police have used
excessive force, sometimes lethal, to break up opposition demonstrations.
In the Democratic Republic of Congo, soldiers and police used
excessive force, killing more than 100 civilians in the course
of crushing sometimes-violent protests against electoral corruption
in January-February 2007. In Nigeria, the ruling party recruited
gang-like "cults" to curb opposition in advance of April
2007 elections. In Egypt's 2005 parliamentary elections, as return
polls showed an increasing number of candidates affiliated with
the Muslim Brotherhood winning seats, the Egyptian security forces
physically blocked voters from reaching polling stations in Muslim
Brotherhood strongholds, and in the ensuing violence killed 11
people trying to vote.
Silencing the Media
A meaningful election requires a free
press-to highlight issues demanding governmental attention and
to permit public scrutiny of candidates' competing political visions.
The media is also essential for conveying popular concerns between
elections-necessary input because a single vote cast every few
years is a crude and insufficient method to make popular concerns
known. It is thus no surprise that governments trying to control
the democratic process seek to silence the press.
One of the first targets of Russian President
Putin was the independent media. Today, all major television and
radio stations and most major newspapers are in the hands of Kremlin
loyalists. This controlled media landscape was one of Putin's
most important tools for ensuring that the opposition had no chance
to threaten his political dominance, whether in the parliamentary
elections of December 2007 or the planned presidential elections
of March 2008.
Venezuelan President Hugo Chávez,
making arbitrary use of a regulatory process, refused to renew
the license of RCTV, one of the country's four leading private
television stations and the only one with national coverage that
had dared to maintain an anti-Chávez editorial line. Under
Zimbabwe's repressive media laws, the only independent daily newspaper,
the Daily News, was shut down in 2003.
Egypt imprisoned journalists and bloggers
for such offenses as criticizing Mubarak, "undermin[ing]
the dignity of the country," and publishing "false news
likely to disturb public order." Azerbaijan imprisoned at
least 10 journalists on a range of trumped-up charges to prevent
criticism of President Aliev and his government. It also shut
down the leading independent newspaper. Kazakhstan closed a television
station and weekly newspaper owned by the president's estranged
son-in-law, now a political opponent. Like Azerbaijan, it also
uses criminal libel laws to jail critics for such charges as "insulting
the honor and dignity" of the president. At least six journalists
have died in suspicious "accidents" in Kazakhstan since
2002.
Preventing Opposition Rallies
One way for candidates to speak to supporters
and to demonstrate political strength is to organize public rallies.
Yet because large opposition rallies can show the emptiness of
a government's claim to broad popular support, these demonstrations
are another favorite target of repression.
In Malaysia, for example, which bans public
gatherings of more than five people without a permit, the police
used chemical-laced water and tear gas to break up an orderly
and peaceful march of protesters demanding electoral reforms ahead
of planned elections expected in early 2008. In Russia the authorities
beat, detained, and harassed participants in peaceful political
protests, including, in November 2007, the former chess champion
and current opposition leader Garry Kasparov.
In Zimbabwe, armed riot police violently
disrupted political rallies in February 2007, firing tear gas
at opposition supporters and arresting more than 70 of them in
the cities of Harare and Bulawayo before imposing a three-month
ban on all political rallies and demonstrations in Harare, the
capital. Authorities also violently broke up rallies in Egypt
and the Democratic Republic of Congo.
Shutting Down Civil Society
In addition to political parties, a vibrant
democracy requires a variety of associations and organizations
so that people can mobilize support for their policy preferences
and make their voices heard. These civil society organizations
thus are another common target of autocratic rulers.
In Russia, for example, a 2006 law regulating
nongovernmental organizations (NGOs) has served as a pretext for
growing harassment. The law requires groups to submit annual reports
on their activities and their use of foreign funds on pain of
liquidation-a sanction that already has been used. Meanwhile,
organizations have been subject to intrusive inspections, and
a 2007 law allowing any politically or ideologically-motivated
crime to be designated "extremist" and subject to harsh
punishment raises concerns that the law will be used to silence
dissent.
In Turkmenistan, severe legal restrictions
on NGOs include the need to register every grant with the government,
inform the government of every meeting, and allow a government
representative to participate. Just three independent NGOs have
been registered since 2003, only one of which has anything to
do with human rights or public accountability. In Uzbekistan since
the 2005 Andijan massacre, at least 17 human rights defenders
have been imprisoned on politically-motivated charges, dozens
have had to stop their human rights work or flee the country altogether,
and numerous international organizations have been forced out.
The United Arab Emirates bans most civil society organizations,
and in August 2007 the Palestinian Authority announced that it
would shut down 103 civil society organizations on a variety of
technical grounds.
In countries where domestic funders of
critical NGOs risk governmental wrath, a limitation on external
sources of funding is a serious impediment to organized independent
voices. Yet Egypt shut down a local human rights group engaged
in vigorous anti-torture advocacy by reviving a years-old complaint
against it for using funds from a foreign donor without government
permission. Jordan and Bahrain have proposed similar legislation
requiring government permission to use funds from abroad. Iran
and Syria have already enacted this requirement and exercise complete
control over the day-to-day operations of civil society. The Tunisian
government has blocked European Union grants to the Tunisian Human
Rights League and other independent organizations.
Undermining the Rule of Law
Much of the repression and manipulation
outlined above is illegal. Governments seeking to use it thus
must avoid independent legal oversight. Sometimes, this can be
accomplished by beating and arresting lawyers, as in Zimbabwe
or China. Other times it occurs by way of amnesties for any crimes
committed. Pakistan's Musharraf and the military rulers in Thailand,
for example, pushed through constitutional changes granting them
impunity for actions taken during their respective coups. Musharraf
also dismissed the Supreme Court judges who threatened to rule
against the legitimacy of his selection as president, replacing
them with pliant loyalists who promptly validated the choice.
The Weak International Response
The use of these techniques to trivialize
democracy does not occur in a political vacuum. Abusive governments
may want to legitimize themselves on the cheap, but it takes their
peers to let them do so. To a significant degree, half-baked democrats
succeed in passing themselves off as the real thing because they
are beneficiaries of diminished expectations from the more established
democracies.
In part the problem is one of competing
interests. Would-be defenders of a more meaningful vision of democracy
are too ready to allow commercial opportunities, access to resources,
or the perceived requirements of fighting terrorism to override
concern with a government's democratic credentials. In part, though,
the problem is one of hypocrisy avoidance. Even seemingly flourishing
democracies can, as noted, find it inconvenient to embrace all
the rights that constitute genuine democracy lest the subject
lead to their own violations.
The problem is compounded by inconsistency
in promoting democracy-a longstanding problem. These days, for
example, the US government's vigorous criticism of democratic
shortcomings tends to be reserved mainly for long-time adversaries
or pariahs, such as Syria, Burma or Cuba. Washington has largely
exempted such allies as Saudi Arabia, Tunisia, or Ethiopia, while
its short-lived pressure on others, such as Egypt or Jordan, has
waned. Indeed, the US government is often a major funder of these
allied governments despite their repressive practices. This obvious
double standard makes the promotion of democracy seem like an
act of political convenience rather than a commitment of principle,
weakening the pressure for real democratic change.
Ethiopia has been an illustrative beneficiary
of this double standard. The government of Prime Minister Meles
Zenawi arrested thousands of demonstrators protesting against
fraud in the 2005 elections and charged 18 journalists with treason.
These arrests were part of a broader pattern of repression, including
the use of torture, detention, and intimidation of people perceived
as political opponents and, more recently, extraordinary brutality
in suppressing an insurgency in the Ogaden region and fighting
Islamic forces in neighboring Somalia. The US government has expressed
dismay about the post-election crackdown, but Ethiopia, a key
counterterrorism partner, remains Washington's biggest aid beneficiary
in sub-Saharan Africa.
Ethiopia is also among the top African
recipients of European Union aid. After the 2005 election violence,
the EU, along with the World Bank and the United Kingdom, suspended
portions of their direct budget support to Ethiopia, but the UK
has since increased its aid.
Jordan has also benefited from diminished
democratic expectations, due largely to the US government's fear
that Islamists in the country might replicate Hamas's victory
in the Occupied Palestinian Territories, but also to Washington's
apparent gratitude for Jordan's assistance in fighting terrorism
by providing secret detention centers where US-delivered suspects
could be tortured. Jordan's municipal elections in July 2007 were
reportedly tainted by massive fraud, including soldiers bussed
to opposition strongholds to vote for the government, multiple
voting, and manipulated voter rolls. Yet both the US ambassador
and Congress congratulated Jordanians on the exercise of their
democratic rights. Some of these faults were allegedly replicated
in parliamentary elections in November, but the US State Department
"commend[ed]" the Jordanian government for "ensuring
another step has been taken on the country's path of political
development." The State Department praised in particular
the use of "independent national observers" without
noting that, as mentioned, the government had reneged on its promise
to allow them to enter polling places, forcing them to try to
observe the proceedings from outside.
The European Union's reaction to the Jordanian
elections was no more principled. It issued no known public protest,
even though Jordan, as a member of the European Neighborhood Policy
(ENP), has signed an Association Agreement with the EU, of which
respect for democratic principles and fundamental human rights
is supposed to constitute an "essential element." This
failing reflects broader problems with the ENP, since unlike the
successful Copenhagen criteria for accession to the EU, there
are no benchmarks or timelines associated with it, and it is becoming
increasingly focused on issues such as cooperation for border
management and migration control.
Such unprincipled endorsements suggest
that Washington and often the European Union will accept an electoral
facade so long as the "victor" is a strategic or commercial
ally. The fairness of the vote and the openness of campaign conditions
seem to matter less than the political orientation of the democracy
pretender.
A False Dichotomy: The Tyrant You Know
or the Tyrant You Fear
The weak international response to the
manipulation of democracy is founded in part on fear that an autocrat
might be replaced by someone or something worse. Beginning with
the FIS parliamentary victory in Algeria in 1991, the rise of
political Islam has made that fear especially acute. Savvy dictators
have learned to use a me-or-them logic to justify continued rule,
but the dichotomy is often a false one.
For example, Egypt's Mubarak has profited
from Western concern that Islamists will win any fair election
in the country. As evidence, Mubarak can point to the parliamentary
elections of 2005, when candidates backed by the Muslim Brotherhood
captured a majority of the seats they contested. There is no doubt
that the Muslim Brotherhood is genuinely popular, but some of
that popularity is a product of limited choice. In thirty years,
the Egyptian government has refused to register more than 60 political
parties while accepting only two, one of which it later suspended.
Many of these parties could have served as a rallying point for
a secular opposition.
The Muslim Brotherhood, as noted, is also
banned as a political party, but it has been able to build a following
by providing social services and developing a reputation as above
corruption. So, today, if an Egyptian seeks an alternative to
Mubarak and his ruling National Democratic Party, the Muslim Brotherhood
appears to be the only real game in town. That serves Mubarak
well, because Western acquiescence in his electoral manipulations
is more likely in light of this false political choice. US pressure
for democratization largely ended with the strong Muslim Brotherhood
showing of 2005.
Pakistan's Musharraf has played a similar
game. He justified "emergency rule" as the only alternative
to rule by al Qaeda and Islamic extremists. The West accepted
and even embraced Musharraf's manipulation of the political landscape
as a form of "moderation" and a step on the road to
"democracy." Never mind that Pakistanis historically
have voted for centrist political parties (corrupt and inept as
they often were), that Islamist political parties never gained
more than 11 percent of the vote in a competitive national election,
that Musharraf's attacks on the moderate center have forced him
to seek alliance with and, in turn, bolster the Islamists, and
that the lack of opportunity under a military government for peaceful
political change is a powerful recruiting force for the Islamists.
The Bush administration's inconsistent
response to Musharraf's declaration of emergency rule was illustrative.
On the one hand, Deputy Secretary of State John Negroponte flew
to Islamabad to ask Musharraf to lift emergency rule and to release
the thousands of political prisoners who had been detained. He
even said, appropriately, that "[e]mergency rule is not compatible
with free, fair and credible elections." Even Bush urged
Musharraf to "take off your uniform."
But at this writing, the US government
has never asked Musharraf to reinstate the independent Supreme
Court judges whom he had dismissed in favor of the pliant allies
who blessed his selection as president while still military chief.
Nor has Washington suspended any of its massive military assistance.
The message sent was that rather than risking the tenure of its
counterterrorism ally, Washington would divorce democracy from
the rule of law. Washington also seemed to want to stop the courts
from continuing to free suspects who had disappeared into the
custody of Pakistan's abusive Directorate for Inter-Services Intelligence
(ISI), a detention and interrogation service that the US government
has had occasion to avail itself of.
Fear of rising Islamic militancy seems
also to lie behind a mixed international response to Bangladesh.
At first, the international community promoted a more principled
vision of democracy. The United Nations and the European Union
found elections planned for January 2007 to be too compromised
to warrant sending observers, thus contributing to their postponement.
However, the caretaker government brought in ostensibly to ensure
free and fair elections has instead declared a "state of
emergency" and become a vehicle for de facto military rule,
presiding over large numbers of arbitrary arrests, cases of torture,
and custodial killings by security forces acting with impunity.
The US, UK, and Indian governments have expressed concern about
the slow pace of election preparations but not the country's poor
human rights record. Nor have they called on the army to return
full powers to a civilian government. However, the EU has been
more outspoken and is providing financial assistance for governance
and human rights.
Such complicity in dictatorial rule is
sometimes rationalized with patronizing claims that the people
in question-often Muslim, frequently Arab-are not "ready"
for democracy, that the risks in these societies are simply too
great to afford them the same rights of freedom and self-governance
that people everywhere else aspire to. Put another way, Western
governments sometimes complain that there is no opposition worthy
of support. But that supposed lack of readiness, the lack of political
alternatives, is no more than the warped political conditions
that, with Western acquiescence, these countries' leadership has
bequeathed them. The entire point of the pseudo-democrats' repression
is to cripple the emergence of an effective opposition. Indeed,
in the case of Saudi Arabia, lack of readiness is an excuse that
the government itself has used to avoid elections. Pakistan's
Musharraf made similar excuses, charging that the West has an
"unrealistic obsession with your form of democracy, your
human rights and civil liberties ... which you took centuries
to (evolve), but you want us to adopt in months .... [T]his is
not possible."
To reject that logic is not to suggest
that immediate, unfettered elections are the answer, either. Just
as extremism flourishes in a constrained political environment,
so it may prevail in a snap election called in such an environment.
A more sophisticated response is needed, one that would push autocrats
to allow a range of political choices before rushing to elections-that
is, to prioritize respect for an array of essential political
rights over the balloting itself. Instead of accepting a dictator's
crimped set of options as the only conceivable ones, democracy
promoters should press to transform the political landscape so
that voters will face a meaningful range of political options
before marking their ballot. That genuine choice tends to be an
enemy of extremism.
Banking on the "Democrat" Rather
than Democratic Principles
One common failing is to support a particular
proclaimed "democrat" rather than the human rights principles
that make democracy meaningful. Established democracies seem increasingly
to look for individuals-rather than institutions-to save the day,
hoping that people will equate the ascendance of a leader prone
to democratic rhetoric with the arrival of democracy itself, even
though the first lesson of democratic theory is that unrestrained
power tends toward tyranny. This failing has certainly characterized
Western policy toward Pakistan's Musharraf, but it has also played
a central role in the response to such disparate countries as
Russia, Nigeria and Georgia.
Bush famously embraced Putin in 2001 after
"look[ing] into his eyes and s[eeing] his soul." Putin
proceeded systematically to undermine nearly every competing center
of influence in Russia-the Duma, the regional governors, the press,
the NGOs, even the oligarchs. The US government ultimately did
react, but it had lost an early opportunity to build US-Russian
relations around principles rather than personal chemistry.
Germany, which traditionally plays a leading
role in shaping the European Union's policy toward Russia, had
a mixed record in 2007. German Chancellor Angela Merkel, perhaps
because she grew up in the East under Soviet domination, sees
Putin with clearer eyes than her mercantilist predecessor, Gerhard
Schröder. She has spoken out several times about the disturbing
trends in Russia, and during her first trip to Moscow in 2006,
made a point of visiting human rights NGOs. That led to hope that
Germany would elevate the importance of human rights when it assumed
the EU presidency during the first half of 2007. In fact, human
rights continued to be consigned largely to low-level consultations.
Merkel did raise human rights during the EU-Russia summit in May
2007, when demonstrations were quashed, but the next EU presidency,
under the Portuguese government, undermined that effort by equating
the raising of human rights issues with "lecturing."
The US and UK governments as well as the
EU were candid about the blatant fraud that marred Nigeria's presidential
and parliamentary elections in April 2007, but these Western governments
seemed eager to work with President Yar'Adua because his rhetoric
was reformist, even though the circumstances of his election set
a far more powerful precedent than his conciliatory words. Nor
did Yar'Adua translate his reformist message into prosecution
of anyone responsible for the fraud and parallel political violence.
Again, the message seems to be that, so long as the leader in
question is friendly to the West, even fake elections will suffice
to legitimize him.
In Georgia, the 2003 Rose Revolution brought
to power a government with a strong commitment to democratic principles
and a vibrant civil society. But serious human rights problems
persisted in the years that followed, particularly in the criminal
justice system. Yet international organizations and governments-the
US most prominently among them-resisted robust criticism, wishing
to believe in the good intentions of a Western-educated ally,
President Mikheil Saakashvili. The danger of embracing a person
rather than democratic principles became apparent when in November
2007 the Georgian government unleashed a violent crackdown on
protesters and imposed a nine-day state of emergency.
As noted, US policy toward Pakistan has
been dominated by this tendency to reduce democracy to favored
personalities. In addition to accepting Musharraf's dismissal
of the Supreme Court to preserve his presidency, the Bush administration
devoted enormous energy to negotiating a deal between Musharraf
and its preferred prime ministerial candidate, former Prime Minister
Benazir Bhutto, paving the way for her return from exile to Pakistan.
But in September, when the Musharraf government blocked the initial
attempt to return of exiled former Prime Minister Nawaz Sharif,
her chief civilian competitor, the US State Department spokesman
said, "[T]his is wholly and entirely a Pakistani issue to
resolve."
Failing Turkey
Turkey presented perhaps the most important
test of the European Union's commitment to democracy and human
rights. In principle, the EU is committed to admitting Turkey
as a member-a step of enormous importance-if Ankara meets the
Copenhagen criteria on democracy and human rights. But key European
leaders-especially German Chancellor Merkel and French President
Nicolas Sarkozy-have spoken out against Turkey's membership in
the EU. As the possibility of Turkey's accession to the EU is
perceived as more remote, the EU has lost leverage itself and
diminished the clout of those in Turkey who have cited the prospect
of EU membership as a reason for reform. Unsurprisingly, the military
has begun once more to intrude into governmental affairs, going
so far as to launch the above-mentioned email coup attempt to
block the naming of Abdullah Gül as president. The civilian
government's successful deflection of that coup attempt owed far
more to the insistence of the Turkish people than to the EU's
fading promise of membership to a democratic, rights-respecting
Turkey.
Conclusion
It is a sign of hope that even dictators
have come to believe that the route to legitimacy runs by way
of democratic credentials. Broadly shared and deeply felt values
underwrite the principle that sovereignty lies with the people
of a nation and that the authority to govern is ultimately theirs.
But that progress is fragile, its meaning dependent in large part
on the commitment of the world's established democracies. If they
accept any dictator who puts on the charade of an election, if
they allow their commitment to democracy to be watered down by
their pursuit of resources, commercial opportunities, and short-sighted
visions of security, they will devalue the currency of democracy.
And if dictators can get away with calling themselves "democrats,"
they will have acquired a powerful tool for deflecting pressure
to uphold human rights. It is time to stop selling democracy on
the cheap and to start substituting a broader and more meaningful
vision of the concept that incorporates all human rights.
Kenneth Roth is executive director of
Human Rights Watch.
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