Analysis of democracy-building in three quite different institutional contexts – the Solomon Islands, Timor-Leste and Iraq – indicates some general trends.
1.Democracy and Legitimacy are closely related
The evidence suggests that the chances of establishing democracy are closely linked to the legitimacy of the intervention as perceived by the object of the intervention.
2. Stability/democracy distinction
International lawyers have debated whether there should be a ‘two track’ conception of democratic governance: a minimalist one, perhaps simply requiring periodic elections, for unstable states and a more demanding institutional one for more secure societies. The research to date suggests that this dichotomy perpetuates inequalities within the society and sows the seeds for future conflict. The focus should be the encouragement of indigenous governance structures and the challenge is to build these inclusively and within a human rights framework.
3. Failure to engage with local concerns
Democracy and justice building projects are rarely considered from the perspective of those most affected by them. The engagement of local populations in the democracy-building process requires a basis of knowledge about indigenous political concepts and power structures to provide a reference point for democratisation.
4. Accountability system for democracy-building are inadequate
There is no international system that makes democracy-builders accountable for their activities: indeed, modern democracy-builders are less accountable than those working under the old League of Nations mandate or the UN trusteeship systems. The constituency of many democracy-builders is other governments and donors, rather than the people whose country is the object of intervention.
See further:
Hilary Charlesworth, 'Building Justice and Democracy after Conflict', Academy of the Social Sciences Australia , Cunningham Lecture, Canberra 21 November 2006. Available at http://www.assa.edu.au/Publications/OP/op22007.pdf
Christine Chinkin, & Hilary Charlesworth, 2006, 'Building Women into Peace: The International Legal Framework', Third World Quarterly, vol. 27, no. 5, pp. 937-957, (republished in R Falk, B Rajgopal & J Stevens eds, International Law and the Third World: Reshaping Justice (Routledge-Cavendish London 2008) pp. 233-253).
Iraq
Peter G. Danchin, ‘International Law, Human Rights and the Transformative Occupation of Iraq’ B. Bowden, H. Charlesworth & J. Farrall, 2009, in The Role of International Law in Rebuilding Societies after Conflict: Great Expectations, Cambridge: CUP (in Press).
Hilary Charlesworth, 2007, Law After War, Melbourne Journal of International Law, Vol. 8, No.2, pp. 233 -247.
Usha Natarajan, 2008. What does the war in Iraq reveal about the nature of international law? A postcolonial approach. RegNet PhD thesis.
Timor-Leste
Laura Grenfell, ‘Legal Pluralism and the Challenge of Building the Rule of Law in Post-Conflict States — A Case Study of Timor-Leste’ in B. Bowden, H. Charlesworth & J. Farrall, 2009, The Role of International Law in Rebuilding Societies after Conflict: Great Expectations, Cambridge: CUP (in Press).
Susan Harris Rimmer, 2008. Transitional Justice and the Women of East Timor, ANU SJD thesis.
Susan Harris Rimmer, 2008. ‘ Beloved Madam: Gender Issues at the Indonesian ad hoc Human Rights Court’, in Timor-Leste: Issues of Justice and Human Rights, Dublin, Clarus Press (in press).
Susan Harris Rimmer, 2007. “Orphans” or Veterans?: Justice for Children Born of War in East Timor, 42 Texas International Law Journal 2: 323-344.
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