POS BC 3221x Colloquium on
POLITICS AND HUMAN RIGHTS IN POST-COMMUNIST STATES
Fall 1999
421 Lehman Hall, Th 2:10-4
Peter Juviler 

"Democracy, development, and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing." UN World Conference on Human Rights 1993.

All readings save those distributed by instructor (distrib) should be on reserve at Barnard.

Available at the Columbia University Bookstore:
Current History, April 1999 (issue on Europe)
Ramet, Sabrina P., ed., Eastern Europe: Politics, Culture and Society since 1939. Indiana U. Press pb, 1998
Goldman, Minton F., ed., Russia, the Eurasian Republics, and Central and Eastern Europe. 7th edit. Dushkin/McGraw-Hill pb, 1999
United Nations Children's Fund (Unicef), Alexandre Zouev, ed. Generation in Jeopardy: Children in Central and Eastern Europe and the former Soviet Union. M.E. Sharpe pb, 1999.

Available in bookstore but expensive and on reserve:
Peter Juviler, Freedom's Ordeal: The Struggle for Human rights and Democracy in Post-Soviet States (Philadelphia: U. of Pennsylvania Press, 1998)

Your participation:
A.   Readings written comments and discussion (25% of the evaluation of your participation).
Written comments specifically on the weekly evidence and questions for topics 2-10, maximum two standard double-spaced pages headed by the question you discuss; in two copies--one for yourself to use during discussion and one to give instructor at the beginning of each meeting.
B.   Research and reporting (see "Research Paper," "Internet Sites," and "Check List of Essentials of Research Paper" which will be distributed later in the semester).
1.   Topic Statement (5% of evaluation), due no later than 5 pm. Wed. October 27 in P.J.'s faculty mailroom box, room 415 Lehman.
2.   Research Design (10% of evaluation) due no later than 5 pm Wed., November 10 in P.J.'s faculty mailroom box, room 415 Lehman.
3.   Oral report of ten minutes, on results of your research, given December 2, December 9 or extra session to be arranged. Report should present: (1) your topic question and how it relates to central questions in "Our Work", (2) your answer with supporting reasoning and evidence.
4.   Research paper, about 20 pages double-spaced, 12-point font in two copies due by no later than beginning of meeting December 4. (50% of evaluation, including oral report). Completed first drafts accepted for perusal up to November 21 in my mailbox 415 Lehman. Depending on your topics, we shall team up into partnerships to read one another's drafts before final revisions.

Outline
(Subject to change, from week to week)

Part I.   Humans and Their Rights

1. 9/9.   Introduction

Introduction to course and to one another. What are human rights? What shall we seek to find out about human rights after communism, in our approach as a tenth anniversary commission on human rights in transition?

2. 9/16.   Human Rights and Human Nature

"All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [understand also "and sisterhood"]." UDHR Article 1.
What are the assumptions underlying skepticism about human's capacity for freedom and belief in that capacity? What is your assessment of these assumptions? Could it be that assumptions (b) are false about freedom-seeking humans as holders of human rights and capable of autonomous freedom of choice in harmonious, free communities? Is the Grand Inquisitor closer to the truth (on bread, freedom, moral choices)?

(distrib) "Our Work."

a. escape from freedom:
(distrib Dostoyevsky, "Ivan's Dream:" (The Grand Inquisitor); Philip Mosely, 523-32 (from "The World Impact of the Russian Revolution")

b. why freedom and human rights matter and rulers should be accountable for respecting them
(r) Laqueur and Rubin, Human Rights Reader, pp. 61-69, 87-96, 101-2, 106-7, 118-120, 313-14, 320-24, 253-4, 336-40 (introductory note, Locke, Montesquieu (note him on context of laws), Mill, intro., Decl. of Independence and Decl. of Rights of Man and Citizen, Roosevelt's Economic Bill of Rights, *East-West Helsinki Agreement (1975) on human rights, Czechoslovak Charter 77 Declaration (1976), Mandela on tie between freedom and equality.

3. 9/23.   Human Rights and Their Validation
a. How have human rights norms changed individual rights and state responsibilities, and what reasons (assumptions if you will) does the UDHR (not itself treaty law) express to justify such rights and responsibilities?

(distrib) Eleanor Roosevelt Center at Val-Kill, Human Rights--The Unfinished Agenda for the New Millennium," 4-10, 17-19 (general, Social and Economic Rights) and back cover (UDHR).
(r) Laqueur and Rubin, Human Rights Reader 156, 196-202, 163-70 (Atlantic Charter, UN Charter, what changes from Oppenheim to Lauterpacht?),

b. What stands in the way of the full realization of human rights through democratic regimes?
(distrib) Rosenberg, "The Unfinished Revolution of 1989," Foreign Policy, Summer 1999.

Part II.   The Communist Legacies and Democratization

4. 9/30.   Unrelieved Tyranny? The Political Legacy of Russia
Is Russia: culturally fated to tyranny--or did the communist legacy set it back? (what does Goldman omit?)

(r) Juviler, Freedom's Ordeal, Ch. 1-4 (Getting to Democracy, Changing Russia, Soviet Communism, Perestroika)
(distrib) "A Long-Ago Look At Russia (So What Else Is New?)"(Marquis de Custine); Sakharov Memorandum; Gorbachev speech to UN in 1988.
Goldman, Russia, The Eurasian Republics... xii, 1 (maps), 8-43

5. 10/7.   Disunity in Diversity? The Political Legacy of Eastern Europe
How do the histories of democracy and human rights in Eastern Europe up to the fall of the Berlin Wall compare with Russia's legacy?

Goldman, Russia, The Eurasian Republics..., 101-110 Ramet, Eastern Europe, 1-31 (background, fault lines), Part Two: parts of chapters on Czechoslovakia, Hungary, Poland, Romania and Bulgaria--read them up to the fall of communism.

6. 10/14.   Human Rights and Democracy in Russia (and the Newly Independent States): Varieties of Transition
"It seems to me that in the 10 years under Yeltsin, Russia has accomplished an incredible amount... In 10 years only the foundations of democracy and a market economy have been laid--no more than that, but also no less." The foundation is our Constitution, freedom of the press, private property, free elections, and a federal system." Anatoly Chubais, former First Deputy Prime Minister 8/99.

Stephen Holmes (see below) maintains that "Russians today have more reason to worry about the debility (weakness) of the state than about its power."

What "foundations" for democracy with full human rights have "been laid," which are still lacking, and what does this have to do with the strength of the Russian state, if by strong state (see Holmes article) we mean a state with the ability to carry out the Constitutional guarantees of human rights and democracy?

Goldman, Russia, The Eurasian Republics..., 43-62.
(distrib) Constitution of the RF, excerpt; Holmes, "What Russia Teaches Us Now;" "Russian Elections; A Short History;" Lloyd, "The Russian Devolution:" Juviler, "Political Community and Human Rights in Post-Communist Russia:" parts 1-7; "A Tribute to Galina Starovoitova.;"
Juviler, Freedom's Ordeal, 10 (The Struggle Continues)

future reference: for those interested in non-Russian newly independent states:
Goldman, Russia, The Eurasian Republics..., 72-92, 224-228 (Pushkov, on NATO Expansion).
Juviler, Freedom's Ordeal, Ch. 5, 6, 7, (Free at Last? Varieties of Authoritarianism, The Baltic States)
State Department website for country reports on human rights practices for 1998 (1999)

7. 10/21.   Human Rights and Democracy in Eastern Europe: Varieties of Transition

Goldman, Russia, The Eurasian Republics..., 110-120
Ramet, ed. Eastern Europe, finish chapters read for topic 4--post-communist developments.
Current History, April 1999, 147-152, 165-71, 192 (Rutland on The Revolution of 1989 Reconsidered, Granville on NATO enlargement, Tismaneanu on vacuum of belief and play of myths)
(distrib) "Romania and Bulgaria: The Tortoise and the Hare." Economist, 8/7/99.
For more detail on countries of special interest or background for research see Goldman's country studies pp. 121 ff.), and State Department country reports website.

Conference with P.J. on research topics. by October 27
Topic Statement due by 5 pm. Wed. October 27 in mailroom box 415 Lehman.

Part III.   Issues of Rights

8. 10/28.   Human Rights to Freedom of Religion and Belief
(distrib) Peter Juviler, "Political Community and Human Rights in Post-Communist Russia:" part 8, "Religious Freedom and Community Identity;" "Anti-Semitism" (Russian press reports)
Ramet, Eastern Europe, Ch. 12 (Lytle, "Religion and Politics in Eastern Europe).

Meeting with reference librarian during a free time for us.

9. 11/4.   Economic Social and Cultural Rights
What are country or regional similarities and differences in these human rights, especially for children, and what accounts for differences?

(distrib) Eleanor Roosevelt Center at Val-Kill, 11-13 (children's rights)
Unicef, Generation in Jeopardy, xiii-xvi, Chs. 1-14.
Ramet,, ed. Eastern Europe, Chs. 11, 14 (Wolchik, "Women and the Politics of Gender...;" Kuznetsov, economic challenges of marketization).

Research Design due no later than 5 pm Wed., November 10 in P.J.'s faculty mailroom box, room 415 Lehman

10. 11/11.   Ethnic Conflict and Human Rights

Juviler Freedom's Ordeal, 131-33, 161-67 (Chechnya, minority rights, self-determination) (distrib) "Dagestan;" Lievan, "Why Dagestan Needs the Russians;" Sadowski, "Ethnic Conflict; Think Again;" Foreign Policy, summer 1998.

11. 11/18.   Human Rights, Intervention, and Ethnic Conflict in Kosovo
Please write on one of these questions:
a. Does "Goldman's account seem to give an accurate assessment of the issues of non Serbian rights in Croatia and Bosnia and of Albanian's rights and the sources of conflict in Kosovo?
b. What lessons does Yugoslavia hold for outside humanitarian intervention?

for (a) and (b):
Goldman, Russia, The Eurasian Republics..., 173-89 (the former Yugoslavia)
Ramet, Eastern Europe, Ch. 7 (Ramet, on Yugoslavia)
Current History, April 1999 (Hooper, "Kosovo: America's Balkan Problem").
(distrib) Hagen, "The Balkans' Lethal Nationalisms," Foreign Affairs;

for (b) (optional for (a)):
(distrib) Judah, ""Kosovo: Peace Now?" New York Review of Books; Finn, "NATO's Losing Battle in Kosovo;" Peterson, "A Microcosm of Kosovo's travails;" Cobban, "Kosovo Lessons;" The Economist "Other People's Wars."

12. 12/2-12/9.   Commission Reports on results of Research
 

Our Work

Champions of human rights may wonder whether such a thing as a working, equitable "free market" exists, and in the latter, whether peaceful democratic political development with full human rights for all are possible universally, as believed by the drafters of the Universal Declaration of Human Rights, UDHR (1948). To some embattled advocates in un-free or partly free countries, the effort to protect and promote human rights may feel like it does to the old Jew who for 25 years prayed daily at the Wailing Wall for peace, brotherhood and human rights. To a journalist who asked him how it feels praying every day for 25 years for those things, he replied: "It feels like talking to a wall."

Talking of walls--there was one less wall after November 9, 1989. On that date, the Berlin Wall, erected by the Communists to seal off East Germany from the West, fell amidst the general collapse of communism in Europe. The epochal event aroused great expectations among pro-democrats. Washington official and pundit Francis Fukuyama wrote in The Public Interest" his often-quoted prediction of the "end of history" as the end of ideological competition and the triumph of liberal democracy and human rights.

As Tina Rosenberg writes (see topic #2) "the death of communism has left the world with a single model of what a government should be: a market economy with respect for human rights." (101) But, as she says, model and reality remain far apart. "Democracy and the free market are complementary: There is no lasting democracy if the economy is in chaos, and corruption can hinder the development of truly democratic institutions. It is also impossible to build a free market economy in the long run unless the government has the support of the people." Similarly, Bronislav Geremek, Polish foreign minister, former political prisoner and adviser to Lech Walesa, leader of the Solidarity dissident movement writes: "Democracy and the free market are complementary: There is no lasting democracy if the economy is in chaos, and corruption can hinder the development of truly democratic institutions. It is also impossible to build a free market economy in the long run unless the government has the support of the people."(J of Democracy,, July 1999), p. 119).

The question for us is: how far from the expectations of new democracy with full human rights aroused by the fall of the Berlin Wall ten years ago is the human rights situation in the European post--communist states? Developments there are surely a severe test of the purported "universality" of human rights. Closely bound up with that question is the question: What differences emerge, and why, among the various countries, and between former Soviet satellites, subjected to communist takeover in the later 1940s, and former republics of the Soviet Union, most of them communized in 1917-20?

In pursuit of answers to these questions, and to more specific research questions stemming from them, imagine that the Carnegie Endowment for International Peace (publisher of Foreign Policy, whose article by Tina Rosenberg we have been authorized to copy), ten years after the fall of the Berlin Wall, has asked us to form a Tenth Anniversary Commission on Human Rights and Democracy in Post-Communist States.

Our commission will be focussing mainly on European countries in discussions, but may go on to non-European areas--the Caucasus and Central Asia) through the individual research projects of Commission members.. In doing all this, commission members will contributing to an ongoing research project on human rights and political community.

We shall be exploring the extent to which various countries are making good on unpaid bills of rights: executive high-handedness, corrupt bureaucracy, economic difficulties, low public confidence, "third world" mortality statistics, violations of rights of religious freedom and belief, inter-ethnic tensions, cruel wars, subordinate place and victimization of women?

Is there another, brighter side, in the great diversity of post-independence development, and emerging "civil society, " and persistence of certain freedoms over a wide area.. Does this support the argument for the universality (if adapted) of human rights and democracy. What shall we predict?

Our inquiry has relevance for the impact of post-communist developments on the interests of the rest of the world in peace, security, prosperity, environmental including nuclear safety, economic well being, human rights generally.

Monitoring tells us that human rights ideals and realities, as Rosenberg points out, remain far apart in the world, even in democracies, let alone tyrannies and "failed states." For research, we shall be drawing on the web-sited information of the State Department, Human Rights Watch and other reports. But it will take analysis, such as we shall engage in as members of the Commission to use the results of governmental and non-governmental organization (NGO) monitoring to help answer the questions we posed above.

Basic types of assumptions regarding the validity of human rights beyond the West are (1) cultural relativism--they are not culturally comprehensible or acceptable in non-western areas; (2) universalism--human rights are universally valid, or (3) PJ's preferred assumption: contextualism (a weak relativism or qualified universalism)--human rights and democracy show varieties of form and completeness even within the West, and generally, must be adapted locally rather than transplanted imperially, if they are to work. Much depends on:

(1) political and economic development--how to achieve both a working market and an inclusive stable democratic political community. That means to reconcile the dismantling of the old state-run command economies with rights to social justice and democratic accountability of governments. Tina Rosenberg cites Pope John Paul II's concern that a free market setting should be one "in which freedom in the economic sector [this can be for entrepreneurs or corrupt non-productive oligarchs alike--PJ]" will be "circumscribed within a strong juridical framework which places it in the framework of human freedom in its totality" (104)--clearly a totality of economic, social, cultural, civil, and political human rights.

(2) when and how to respond locally and internationally to violations of human rights--all the way from NGO activism, shaming and publicity to sanctions, humanitarian aid and military intervention, and economic and political reforms.

Human Rights

1.   Human rights are the rights (seen from legal and/or moral viewpoint) which we all have as human beings. They are internationally recognized in some 60 pacts, declarations, including the seminal UDHR, and various conventions and agreements, as reflections of what humans have devised as standards and goals for their own well-being, protection and liberation. Human rights under rule of law provide both a test and a prerequisite of democracy for majorities and minorities alike.

We shall be concerned with such human rights as the rights to government by consent; to life and freedom from torture, public participation (voting, activity, holding office, free expression, information, conscience, association, assembly etc.), religious freedom, due process;, adequate living standards in all senses of the term through a socially just and growing economy, to equality and general non-discrimination; to ethnic minority identity and non-discrimination within a unified political community; and to the rule of law as essential guarantee of all these rights.

Democracy and human rights under rule of law are recognized as interrelated, and interdependent, in international law as well as in comparative theory.