Democratization,regional integration,and human rights: the case of the ASEAN intergovernmental commission on human rights

Abstract

In the post‐Cold War era, the Association of Southeast Asian Nations (ASEAN) has attempted to maintain and enhance its institutional status in the Asia‐Pacific by increasing its membership and range of activities. ASEAN has tried to assume significant responsibilities for regional security and economic relations through initiatives like the ASEAN Regional Forum (ARF) and the ASEAN Free Trade Area (AFTA) and by demanding a major role in the Asia‐Pacific Economic Cooperation (APEC) forum. This paper critically evaluates ASEAN's attempts at institutional expansion. It argues that ASEAN lacks the political, economic and military resources necessary to play the dominant role that it envisions for itself within the Asia‐Pacific. Its attempts to increase its diplomatic weight by increasing its membership actually have the potential to undermine ASEAN's unity as well as its standing in the world community. The East Asian economic crisis is largely exacerbating ASEAN's inherent weaknesses. If ASEAN is to remain relevant in the twenty‐first century its members need to modify their expectations of the level of international influence that ASEAN can afford them. They must also use ASEAN to directly address issues of dispute between member states. There is little evidence that ASEAN's members are prepared to reform the organization in this way. Therefore, ASEAN is likely to lose its pre‐eminent regional status to other institutions, and may even fade into irrelevance, in the next century.     

The muslim experience in the Balkan states, 1919‐1991

This article analyzes the effects of nationalizing policies of the state, processes of democratization, and uneven socio-economic development on the rise of Kurdish ethno-mobilization led by the PKK terrorist organization since the 1980s in Turkey. Three features of the Turkish modernization context are identified as conducive for the rise and continuation of Kurdish ethno-mobilization: a) a nation-building autocratic state that resisted granting cultural rights and recognition for the Kurds; b) democratization with the exclusion of ethnic politics and rights; c) economic regional inequality that coincided with the regional distribution of the Kurdish population. It is argued that autocratic policies of the state during nation-building accompanied the development of an illiberal democracy and intolerance for cultural pluralism. These aspects of Turkish democracy seem to be incompatible with both the liberal and consociational models of democracy that accommodate ethnicity within multiculturalism.     

Reassessing the Role of Civil Society Organizations in the Transition to Democracy in Spain

Spain's democratization process has mainly been described as a settlement between political elites in which civil society organizations played little part. Yet the literature on Eastern European democratization sets great store by the role of civil society, both for transition and consolidation. Does this different treatment reflect the approach adopted by analysts or the actual contrasting presence of civil society organizations in the relevant periods? The question prompts this re-examination of the role of civil society organizations in the Spanish transition. It finds that the answer depends in part on definitions of civil society, but mainly on the approach taken by authors in presenting their accounts. It finds that the elite settlement perspective silences or removes agency from the Spanish civil society organizations active in the transition.

An alternative view is developed through an in-depth review of the events following the death of the dictator General Franco in 1975 and a textual analysis of Spain's actual definitive settlement, the 1978 Constitution. The research demonstrates that civil society organizations were responsible for disrupting the dictatorship's intention to maintain an authoritarian regime, leaving it no option but to negotiate with civil society organizations such as political parties and trade unions, which were pursuing their own strategic goals towards co-construction of a socially advanced democracy. The article's approach bridges the gulf between top-down and bottom-up accounts of political change in Spain at the end of the Franco regime.     

External Democratization after War: Success and Failure

In post-war societies external actors promote democracy within a broad framework of state- and nation-building, rule-of-law building, and economic development. But not all democracy promotion efforts succeed in an equal way. A closer look at cases of intervention and democratization since 1945 helps us to account for this variation. Cases of democratization can be differentiated according to their level of post-war socio-economic development, the level of social trust versus the level of inner-societal violence, the character of remaining stateness, the potential erosion of the nation, and the terms of peace. In order to explain the democratization successes of the post-World War II period on the one hand, and the apparent democratization failures of the 1990s and after 11 September 2001 on the other, the strategies external actors use in post-war transformation must be considered. Sometimes, external actors differ significantly in their ability and willingness to deal with the five issues mentioned above. Given differences in both structural conditions and actor engagement, external actors should be more careful when using some of the early democratization cases as blueprints for democracy promotion today.     

Democratization,State-building and War: The Cases of Serbia and Croatia

The author explores the connection that exists between democratization, state-building and war in the cases of Serbia and Croatia in the 1990s. It is necessary to examine closely how these processes influence one another because state-building and democratization are not necessarily contradictory and even war might not be an obstacle for democracy. However, in Serbia and Croatia state-building and war influenced democratization negatively, but in different ways. In Serbia, the nationalist mobilization for a state-building programme prevented democratization, while in Croatia democratization was a precondition for state-building, which then impeded democratic consolidation. Further important differences are the lower level of institutionalization, incomplete state-building, and polarized party system in Serbia and a higher level of institutionalization, completed state-building, and moderate party pluralism in Croatia. The war also influenced Croatia directly, while Serbia was only indirectly affected by the wars in Croatia and Bosnia-Herzegovina before the NATO intervention in 1999.     

An Elemental Definition of Democracy and its Advantages for Comparing Political Regime Types

The way democracy is studied today is confusing due to the many definitions applied. More importantly, it is also flawed in that several cases are excluded as they suffer from the unfortunate circumstances that they have undergone a particular sequence of democratic developments according to a pattern not recognized. This article attempts to spark a debate that will hopefully lead to a new definition of democracy – one that is neutral in its view of the different elements of democracy, can be applied to regimes across the globe, and which also facilitates comparative studies of all kinds. To begin the debate, the article examines previous definitions – and particularly the use of diminished subtypes – before putting forward an alternative: the so-called ‘elemental definition’.     

A framework for the systematic study of election quality

This article offers the beginnings of a methodology for assessing the quality of a national election, its freeness, fairness and administrative efficacy. The historical lack of a comprehensive framework of analysis has compelled election observers to make pronouncements on the basis of incomplete evidence, usually gathered on the day of the vote and count. It has allowed international observation missions to ‘call’ the results of elections on the basis of political expediency rather than the facts of the case. The intent in this article is not to offer a foolproof method for categorizing election quality but rather to lay out a framework which we believe is more comprehensive and meaningful than anything that has come before. To illustrate its workings the article scores six multi-party elections: two in established democracies – Australia and Denmark 2001– and four in fledgling democracies – South Africa 1994 and 2004, East Timor 2001 and Zimbabwe 2002. The framework outlined here will make it possible to identify patterns of success and failure in the fairness of elections. It should enable all kinds of observers from academics and election administrators to election observers to spotlight the weak areas of election administration, where a government might then choose to focus its efforts to improve the quality of subsequent elections.     

Getting elections right? Measuring electoral integrity

Holding elections has become a global norm. Unfortunately, the integrity of elections varies strongly, ranging from “free and fair” elections with genuine contestation to “façade” elections marred by manipulation and fraud. Clearly, electoral integrity is a topic of increasing concern. Yet electoral integrity is notoriously difficult to measure, and hence taking stock of the available data is important. This article compares cross-national data sets measuring electoral integrity. The first part evaluates how the different data sets (a) conceptualize electoral integrity, (b) move from concepts to indicators, and (c) move from indicators to data. The second part analyses how different data sets code the same elections, seeking to explain the sources of disagreement about electoral integrity. The sample analysed comprises 746 elections in 95 third and fourth wave regimes from 1974 until 2009. I find that conceptual and measurement choices affect disagreement about election integrity, and also find that elections of lower integrity and post-conflict elections generate higher disagreement about election integrity. The article concludes with a discussion of results and suggestions for future research.     

From Cold War to Arab Spring: mapping the effects of paradigm shifts on the nature and dynamics of US democracy assistance to the Middle East and North Africa

Since the end of the Cold War, the United States has articulated and implemented explicit strategies of democracy promotion by providing assistance to governments, political parties, and other non-governmental groups and organizations all over the world. One particularly challenging region has been the Middle East and North Africa, where democratic development and democracy aid opportunities have been limited and constrained by a variety of factors related to social, economic, and political characteristics of the region and policy priorities of the United States. This article examines the impact of two major paradigm shifts – the end of the Cold War (1989) and the 9/11 episode (2001) – on the nature, purposes, and consequences of US democracy assistance to the Middle East. Examining democracy aid allocations, social, democratic and political factors in the region, and other variables, the analysis traces the shifts in aid strategies, purposes, and recipients generated by these paradigm shifts and assesses the impact of such assistance on the politics of the region. The article concludes with a discussion of the implications of these findings for US democracy promotion policies and the impact of the Arab Spring events as a potential third break point.