Poverty is no longer defined in purely economic terms. Today, we also understand it in terms of vulnerability and powerlessness, based on the fact that the poor are often denied their rights and a political voice.
This conceptual leap has serious implications. It presupposes that development itself is based on civil rights and that such rights are an integral part of the development process and of development policies.
In Latin America and the Caribbean, political and democratic rights first came to the forefront in the 70s and 80s and not until much later did the focus shift to civil rights and freedoms. As for economic and social rights, they were not even part of the picture. Today, however, civil and political rights and socioeconomic rights are considered two sides of the same coin; they’re no longer thought of as competing approaches for countries on the road to development.
Yet while it is true that free and open elections are now the norm in the region, a new set of problems has emerged. On one hand, we have the phenomenon of so-called “illiberal democracies” in which the actual protection of civil rights has become bogged down in a regulatory and legal quagmire. Persistent weaknesses in the administration of justice and in the institutions that audit and control government expenditures mean that the law is effective for only a privileged few. Guaranteeing fundamental civil rights requires an “inclusive democracy” that protects the rights of minorities, ensures the separation of powers, and monitors government responsibility and accountability.
Also worrisome is the prevalence of what political scientist Guillermo O’Donnell has called “delegating democracies,” where citizen participation is largely restricted to the ballot box. Once the voting is over, government functions are delegated almost entirely to the president and the executive branch, to such an extent that the situation reverts to caudillismo, cronyism, and corruption. In the absence of effective checks on the president’s powers, it is impossible to guarantee accountability and civil rights for citizens who are not part of the elite.
These trends pose a threat to the new concept of the right to development. Such a notion is beginning to take shape as a “third generation” right set forth in Article 55 of the U.N. Charter. It holds not only that a right to self-determination exists, but also that the state has the obligation to guarantee it. This right is based on equal opportunities in terms of health, education, housing, food, employment and on equitable income distribution.
What is clear is that the debate between guaranteeing and protecting such rights goes beyond the domain of law and enters the realm of economic policy—particularly fiscal policy. Protecting these rights has a specific cost that must be recognized openly and brought into the public debate on resource allocation. It requires a whole range of legislative and budgetary measures and judicial guarantees. In short, it requires a closer look at an issue that is normally ignored: the cost of citizens’ rights and the fiscal implications that guaranteeing such rights will have. This will be one of the major issues within the development agenda in the years ahead.
Political and civil rights and democratic freedoms occupy an important place in development, although they are still difficult to quantify. They are crucial for strengthening the capacity of the poor and disenfranchised. But guaranteeing these rights is also one of the State’s responsibilities. As noted earlier, such rights have a “concrete economic” cost, regardless of the fact that related government policies are guided entirely by political considerations.
This cost will have to be assumed without hesitation by the governments of Latin America and the Caribbean. Liberal democracy is based on the rule of law, the essential goals of which are to guarantee political and legal equality and government accountability. Equality needs to be redefined and reaffirmed through the observance of fundamental rights, since the quality of democracy will increasingly be determined by the extent to which such principles are respected.