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The UN Role in Promoting Democracy: Between Ideals and Reality

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United Nations University Press is the publishing arm of the United Na- tions University. UNU Press publishes scholarly and policy-oriented books and periodicals on the issues facing the United Nations and its people and member states, with particular emphasis upon international, regional, and transboundary policies. The United Nations University is an organ of the United Nations es- tablished by the General Assembly in 1972 to be an international com- munity of scholars engaged in research, advanced training, and the dis- semination of knowledge related to the pressing global problems of human survival, development, and welfare. Its activities focus mainly on the areas of peace and governance, environment and sustainable devel- opment, and science and technology in relation to human welfare. The University operates through a worldwide network of research and post- graduate training centres, with its planning and coordinating headquar- ters in Tokyo. The UN role in promoting democracy TheUNroleinpromoting democracy: Between ideals and reality Edited by Edward Newman and Roland Rich United Nations a University Press TOKYO u NEW YORK u PARIS ( United Nations University, 2004 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University. United Nations University Press United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo, 150-8925, Japan Tel: þ81-3-3499-2811 Fax: þ81-3-3406-7345 E-mail: [email protected] general enquiries: [email protected] www.unu.edu United Nations University Office in North America 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: þ1-212-963-6387 Fax: þ1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University. Cover design by Sese-Paul Design Printed in the United States of America UNUP-1104 ISBN 92-808-1104-5 Library of Congress Cataloging-in-Publication Data The UN role in promoting democracy : between ideals and reality / edited by Edward Newman and Roland Rich. p. cm. Includes bibliographical references and index. ISBN 9280811045 (pbk.) 1. United Nations. 2. Democratization—Case studies. I. Newman, Edward, 1970– II. Rich, Roland. JZ4984.5.U53 2004 321.8—dc22 2004015271 Contents Listoftablesandfigures.............................................. vii Acknowledgements. ................................................. viii Part I Thematic perspectives........................................ 1 1 Introduction: Approaching democratization policy. ........... 3 Roland Rich and Edward Newman 2 The promotion of democracy: International law and norms . 32 Tom J. Farer 3 Crafting Security Council mandates . ......................... 62 Roland Rich 4 Building democracy through benevolent autocracy: Consultation and accountability in UN transitional administrations ................................................... 86 Simon Chesterman 5 Elections in post-conflict societies . ......................... 113 Benjamin Reilly v vi CONTENTS 6 Democratization with the benefit of hindsight: The changing international components . ....................................... 135 Laurence Whitehead Part II Perspectives from the United Nations...................... 167 7 The UN’s electoral assistance: Challenges, accomplishments, prospects.......................................................... 169 Robin Ludwig 8 UN democracy promotion: Comparative advantages and constraints......................................................... 188 Edward Newman 9 UNDP experience in long-term democracyassistance......... 208 Richard Ponzio Part III Case studies................................................. 231 10 Decolonization and democratization: The United Nations and Namibia’stransitiontodemocracy .............................. 233 Henning Melber 11 The UN’s modest impact on Cambodia’s democracy........... 258 Sorpong Peou 12 Kosovo:A permanentinternationalprotectorate?............. 282 Ylber Hysa 13 DeliveringfeudaldemocracyinEastTimor.................... 302 Tanja Hohe 14 The United Nations and democratization in Afghanistan. 320 Amin Saikal Listofacronyms....................................................... 339 Contributors........................................................... 343 Index................................................................... 344 List of tables and figures Table 3.1 Mandates containing democratization or state- buildingaspects.......................................... 65 Table 3.2 The terminology of UN enforcement mandates . 67 Table 3.3 UN interventions built on the foundations of peace agreements............................................... 79 Table 9.1 UNDP sections involved in the ‘‘practice’’ of democraticgovernance.................................. 211 Table 9.2 List of countries where the UNDP provided assistance,1991–1999 ................................... 214 Table 9.3 UNDP’s electoral support: Matrix of 10 country case studies.................................................... 215 Table9.4 CategoriesofUNDPlegislativeassistance............. 221 Table 10.1 Election results for the bigger parties, 1989–1999 . 247 Table 10.2 Macro-economic importance of external assistance to Namibia,1990–1998..................................... 249 Table 10.3 Sources of external assistance to Namibia, 1995– 1998 . ................................................. 250 Figure 9.1 Beneficiaries from recent UNDP legislative assistance programmes.............................................. 222 vii Acknowledgements This volume is the result of a research project jointly organized by the Peace and Governance Programme of the United Nations University (UNU)andtheCentreforDemocraticInstitutions (CDI) at the Austra- lian National University (ANU). The editors wish to acknowledge the intellectual and material support received throughout this long and chal- lenging project from their host institutions. Their gratitude extends to many people, starting with Professor Ramesh Thakur, Senior Vice Rector of the UNU, and Professor Ian McAllister, then Director of the ANU’s Research School of Social Sciences. Thanks must also go to the contributors of this volume. Any analysis of contemporary developments falls prey to the speed of events under review. The contributors accepted the challenge and scrambled deter- minedly to keep up. This should have been a sufficient difficulty, but they also needed to negotiate the requirements of their often over-demanding editors. The editors thank them for their unfailing professionalism and good humour. Many people were consulted and many opinions sought in the drafting of this volume of essays. They cannot all be mentioned and, indeed, some requested anonymity. The editors would nevertheless like to thank some who gave of their time and wisdom – Boutros Boutros-Ghali, Danilo Turk, David Malone, Francisco da Costa Guterres, Hilary Charlesworth, and John Sanderson. Finally, a special note of gratitude needs to be extended to those who viii ACKNOWLEDGEMENTS ix gave their personal encouragement and support. Edward Newman would like to thank his colleagues Yoshie Sawada and Gareth Johnston. Roland Rich extends his gratitude to Nelly Lahoud. Edward Newman Roland Rich Tokyo Canberra March 2004 Part I Thematic perspectives 1 Introduction: Approaching democratization policy Roland Rich and Edward Newman Democracy, in both theory and practice, is the subject of a huge field of literature.1 Within this literature, the international dimensions of de- mocracy are increasingly understood and explored. Democracy has even come to be seen by some practitioners as something of a political pan- acea.2 It is widely accepted as a universal value.3 Yet the role of the United Nations – the embodiment of international society – in the pro- motion of democracy remains understudied, even though the organ- ization has adopted democracy promotion as an important objective: The phenomenon of democratization has had a marked impact on the United Nations. Just as newly-independent States turned to the United Nations for sup- port during the era of decolonization, so today, following another wave of ac- cessions to Statehood and political independence, Member States are turning to the United Nations for support in democratization. While this has been most visible in the requests for electoral assistance received since 1989 from more than 60 States – nearly one-third of the Organization’s Membership – virtually no area of United Nations activity has been left untouched. The peace-keeping mandates entrusted to the United Nations now often include both the restoration of de- mocracy and the protection of human rights. United Nations departments, agen- ciesandprogrammeshavebeencalledontohelpStatesdraftconstitutions,create independent systems for the administration of justice, provide police forces that respect and enforce the rule of law, de-politicize military establishments, and es- tablish national institutions for the promotion and protection of human rights. They also have been asked by many States engaged in democratization to help 3 4RICHANDNEWMAN encourage and facilitate the active participation of citizens in political processes, and to foster the emergence of a productive civil society, including responsible and independent communications media.4 This volume explores and questions the modalities, effectiveness, and controversies of the UN’s work in promoting and assisting democracy. It considers if the United Nations can help to build
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