Ethnic conflicts, and especially ethnonational movements, are modern, although they have ancient antecedents. In premodern civilizations, inequality and social immobility was considered normal and attributed to sacred forces beyond the capacity of humans to control. Inter-ethnic relations were usually amicable and conflicts arose, for the most part, between rival elites: rulers and regimes fought with each other, while their underlings remained unaffected, passively accepting their fate or rallying to the support of their sovereigns. By contrast, modernity has normalized human equalitarianism and social mobility, attributing inequalities to the energy, intelligence, and willpower of individuals, based on secular causation and this-worldly rationality, while also enhancing the incentives and opportunities for marginalized peoples to organize so as to improve their lot. The transition from traditional to modern has been uneven and traumatic, producing islands of equalitarianism called nations in a sea of inequality, and creating hosts of marginalized peoples who vacillate between the effort to join established nations or rebel and create new nations for themselves.
States play a decisive role in these changes -- their
legitimacy hinging on the national identity and sovereignty of their
citizens. Authoritarian and anarchic states heighten ethnic and
ethnonational conflicts, offering no means to resolve them. Only
democratic regimes can find ways to deal effectively with these problems
although, paradoxically, the hopes raised by democratic ideals also
stimulate ethnic activists to demand and expect justice and remedial
action, thereby provoking conflict when these demands are not satisfied.
Although democracy is necessary to deal with these conflicts, some kinds
of democracy are more effective than others: more specifically,
parliamentary regimes are more likely to succeed than presidentialist
(separation-of-powers) regimes. An understanding of the deeper causes of
ethnic and ethnonational conflict, and their implications for
constitutional design, are needed in order to find viable solutions for
this escalating global problem.
University of Hawaii, Honolulu, Hawaii
November 1999
NOTE: This paper is still under construction: please do not quote without permission and, if you see errors or can suggest corrections, additional links, etc., please contact the author. The stars following each heading below are links to the relevant text. The original draft which provided a starting point for this paper can be found at: "Nationalism and Constitutionalism".
INTRODUCTION *
INEQUALITY AND EQUALITY -- CASTE AND CLASS *
The Blinders that Hamper Understanding* || Sovereignty and the Legitimation of Regimes *
NATIONS AND NATIONALISM: A TRANSITIONAL MARKER *
Modern Nationalism * || The Nation-State*
ETHNIC NATIONS *
Race as a Marker* || The Ambiguity of Ethnicity* || A Colloid Society*
Democracy Is Bifacial * || Adding Other Variables*
ETHNIC DIVERSITY *
Proportional Representation* ||
The Constitutional Context* ||
The American Exception*
ETHNIC NATIONALISM*
The Constitutional Consent Formula* ||
The Locus of Decision-Making* ||
The Prospects of Confederalism*
CONCLUSION *
GLOSSARY*
ENDNOTES*
REFERENCES*
The Bureaucratic Factor*
APPENDIX: A TERMINOLOGICAL COMMENT
*
INTRODUCTION
Global increases in the number and violence of ethnonational
conflicts -- at a time when multi-ethnic states have proliferated
following the collapse of the great industrial empires -- compel us to
hunt for solutions based on prevention rather than external intervention.
The reasons for inter-ethnic tensions are subject to dispute: some see
them as rooted in primordial conflicts while others see them as products
of contemporary forces and expediency. In the former perspective they
seem to be impossible to eradicate and we must accept them as a permanent
fact of life. In the latter, one might argue that if the leaders of
ethnic movements can be accommodated or disciplined, their followers will
pull back and the conflicts will be easy to solve. Both of these views
simplify a more complex reality which can only be understood on the basis
of a deeper analysis of the basic tensions generated by modernity (Riggs, 1994b) . All observers, however, agree that
conflicts based on ethnic problems have increased and need serious study
(Gurr, 1993)
It is important to understand these tensions in order to see
how they can be resolved and what structures and policies of government
are most appropriate and promising. An inherent contradiction in modern
politics arises from the fact that although the hopes and dreams created
by democratization have intensified the demands made by ethnic minorities
for more justice and freedom, it is also true that only democracies are
likely to find non-violent ways to prevent or resolve these conflicts.
Weak authoritarian systems are sure to fail, both because their
oppressive policies provoke resistance movements, and because their
inability to govern effectively hampers their efforts to deal with these
movements. As for the more ruthless one-party dictatorships, they are
able, temporarily, to suppress national movements, and they also provide
ideological surrogates for the sacred premises of traditionalism --
utopian dreams of a worldly paradise based on the fraternal interests of
all working people.
When and if these regimes collapse and their utopian visions are
discredited, long-frustrated minorities will, I think, surely mobilize
ethnonational movements seeking revenge against their former masters, and
demanding full self-government as a new-born utopian dream. Any hope of
resolving modern ethnic conflicts, therefore, hinges on the ability of
democratic regimes to cope effectively with the negative consequences of
their own equalitarian principles -- they can do so only if they can
actualize the principles of representativesness and self-governance.
No doubt the historical events and forces that created
multi-ethnic states vary between wide extremes with the result that the
ethnic problems facing some countries are much more intractable than those
facing others. Nevertheless, although past decisions cannot be undone,
old constitutional systems of government can be reformed and new ones
reshaped so as to improve the prospects of contemporary societies for
ameliorating ethnic conflicts.
Although only democracies can cope successfully with serious
inter-ethnic conflicts, some democracies can do better than others. An
important reason for this difference, I believe, arises from variations in
constitutional design. Parliamentary constitutional systems, I believe,
have a better chance of solving deep-seated ethnic conflicts than
presidentialist systems. Regimes that encourage power-sharing
(consociationalism) are more likely to resolve these problems that
majoritarian systems -- and parliamentary governments are more likely to
support consociationalism than presidentialist systems, provided they can
establish multi-member electoral districts based on proportionality. 1
No doubt, there are other variables, such as explicit constitutional
rules designed to protect minority languages and religions, to combat
racism and injustice, to safeguard the freedom of information, personal
privacy and the rule of law. However, all such norms become unenforceable
when basic institutions are unable to protect those who criticize or
oppose those in power. Both civil and human rights depend, for their
maintenance, on constitutional structures that enforce the accountability
of executive power. We need governments that can govern effectively, but
without accountability, rule becomes arbitrary and all rights are
jeopardized. To analyze these propositions in some detail, this paper is
divided into two parts:
first a discussion of the reasons why equalitarian
democratic values have made ethnicity and nationalism such an important
cause for conflict and,
second, a discussion of the constitutional variables
that affect the ability of democratic regimes to cope with these
conflicts.
The paper is deductive, offering propositions based on rational
analysis and the hope that case studies and statistical data testing
these propositions will refine our understanding of this problem.
The more we can understand about the reasons why modernity has made ethnicity a focus of conflict, the easier it will be to find better ways to handle it. The basic premise of this analysis is that, traditionally, social inequality and immobility were viewed as normal and unavoidable -- much as one might resent them, they could not be changed and the best anyone could do would be to accept the status quo and make the best of whatever opportunities it did offer. By contrast, modernity has led to widespread expectations that, contrary to past experience and continuing realities, social equality and mobility are both desirable and feasible: they express goals that should and can be achieved. This part offers a more detailed explanation of why ethnic conflicts have emerged as a modern phenomenon and problem. Part Two will take up the question of how to deal with this problem by means of democratic (representative) governance, taking into account the important distinction between two major constitutional systems: presidentialist and the parliamentary.
Contrary to both the primordial and the expediency arguments, the major socio-political transformations of modern times have generated deep-seated and globally pervasive tensions that often takes the form of ethnic differences and conflicts. This claim sounds paradoxical because it is often said that ethnicity and inter-ethnic conflict have primordial roots based on historical events of the distant past. There is some truth in this claim but it tells only part of the story. The truth is that all civilizations, going back for thousands of years, have been multi-ethnic -- conquests and migrations, combined with the rise of cities and states, have produced complex mixtures of peoples, speaking different languages, and belonging to different races. No doubt clashes between individuals and groups based on these differences were endemic, but they were not salient because, in pre-modern societies, hierarchic norms based on supernatural or karmic forces to legitimized gross inequalities between different cultural communities or "castes" and made protests or revolts seem quite useless.
INEQUALITY AND EQUALITY -- CASTE AND CLASS
I use caste here in a generic sense that should be distinguished from the special meaning of Caste in Hindu civilization. In its generic sense, caste* {A1} involves interdependent and unequal communities whose identity is preserved by the inheritance of occupations and endogamy. [Asterisks are used to mark terms that are defined in the attached Glossary -- the links in braces support jumps to the relevant entry] Occupations are typically seen as privileges to be monopolized by caste members -- they therefore resist efforts by outsiders to encroach on their preserves but they are also denied opportunities to take up new occupations. As for endogamy, strict prohibitions against intermarriage between individuals belonging to different castes serve to perpetuate the occupational distinctions. The fact that one's caste identity confers privileges to be defended directs the energies of caste members toward the preservation of the status quo and reinforces the emphasis on ancient traditions that epitomizes what we call traditional societies.
Caste distinctions are explained or rationalized as the inevitable consequence of supernatural forces such as divine will or the karmic outcome of one's behavior during earlier incarnations. They are legitimized by notions of (1) inherent human inequality, and (2) divine sovereignty. The former principle rationalizes inequalities as natural and necessary -- if differences of status, occupation, and heritage are determined by forces beyond our control, then no matter how unfortunate their results might be, nothing can be done to change them and, ultimately, they must be accepted as sacrosanct.
The latter principle gave the right to rule to monarchs whose sacred powers and rituals were viewed as necessary for the prosperity and peace of their subjects. To rebel against a ruler, therefore, was not only seditious but also irreverent and dangerous -- it could provoke divine wrath leading to calamities and plagues. These basic premises of any caste system were elaborated and deeply ritualized in the Hindu civilization, but they were omnipresent in all traditional civilizations. They survive to this day in many countries, including the industrialized democracies where racism has created a peculiarly modern form of caste distinction for reasons explained below.
Class-based social practices are rooted in equalitarian norms and buttress social mobility. They presuppose secularism, the notion that humans create their own destiny and individuals, through their own energy and intelligence, should be able to achieve whatever goals they can realistically set for themselves. This includes the right to rebel and to attack those who may be seen as enemies blocking their success in life, including the officials in charge of whatever regime they may be living in.
The prevalence of class systems is modern and may be traced to the Industrial Revolution, but it surely has ancient roots. The Chinese civilization offers the most conspicuous example: it took the form of a merit system based on open examinations for admission to high status posts in the state bureaucracy. This meant that the sons of farmers might aspire to become high officials enjoying power and wealth. Apart from this exceptional and truly significant institution, however, most Chinese remained bound to a caste-like system in which occupations were inherited and endogamy prevailed. Moreover, occupants of certain proscribed castes were denied the right to take the exams. Thus class norms arose but did not penetrate deeply into Chinese society. Similar observations apply to the Roman Empire where citizenship could be acquired by non-Romans and carried with it special rights and privileges.
Status concepts apply in both caste and class based societies. Prestige and honor varies on the basis of significant criteria that give some individuals, families or groups higher status than other. In a caste based society status varies primarily on the basis of ascriptive markers such as family, age, gender and the caste category into which one is born. By contrast, in class oriented societies, achievement -- especially by individuals in their business, professional, political, athletic, artistic or other vocational fields -- counts for more.
In the Chinese case, high status could be earned by intellectual merit as demonstrated in written tests, while accumulation based on mercantile activity counted for very little. For most Chinese, however, caste-like ascriptive criteria such as age, sex, and occupation, following Confucian norms, remained deeply entrenched.
By contrast, in modern industrialized societies, economic success carries great weight, without excluding status based on intellectual, political, athletic, and artistic achievements. Nevertheless, caste-like ascriptive criteria also prevail. Status ambivalence arises when criteria for recognition cut across each other, a problem that becomes acute when class and caste systems overlap. For example, it is possible for an African-American to have high status in a profession where achievements are recognized by colleagues while suffering low status when entering a restaurant or hailing a cab. Such ambiguities arise in societies where class orientations have spread widely yet caste-based social structures remain entrenched.
In the contemporary world, class systems have spread widely but they are not pervasive and caste-based norms remain entrenched, even in the most industrialized societies. In the United States, for example, although racism has come under serious attack, its persistence marks the residue of caste-like attitudes and practices. To understand the ethnic problems of today's world, we need to see how traditional caste-based norms and beliefs contend with modern class-oriented practices as a continuing struggle. Ethnic diversity was not a major source of conflict in traditional caste-based societies nor, I believe, would it be a significant basis for conflict in a fully class-oriented modern society where individuals, regardless of birth and status, would all have equal opportunities to achieve social mobility. What makes ethnicity so much of a problem in these times is the clash between caste and class that marks the transition struggles and generates nasty status ambiguities.
#The Blinders that Hamper Understanding
We do not easily understand the caste/class relationship as a continuing dichotomy because our perceptions have been warped by two historical accidents. The first involves our understanding of caste because we have come to associate the concept with its manifestations in India where, under the influence of Hinduism, it became ritualized and elaborated to a remarkable degree. Consequently, although caste-based practices prevailed in all traditional civilizations and remain strong in contemporary societies, we are blind to this fact because we have learned to think of caste as a unique phenomenon limited to one country and civilization. However, I believe that we cannot understand the world today without recognizing the ubiquitous persistence of caste-like practices and beliefs in virtually all countries of the world. To distinguish these universal practices from their elaborated form as found in India, I shall capitalize Caste to refer to this special case, and use either caste, uncapitalized -- or some expression like proto-caste or caste-like to refer to the general phenomenon. Perhaps it would help to use a formal definition that could be referred to by a letter to reinforce this point:
As for class, we have come to assume, by contrast, that it is not a localized system restricted to one country or region but, rather, that it refers to a universal phenomenon and even that all civilizations have class systems. Such systems may be characterized as:
Readers are asked to remember that both caste and class have other meanings, but they will be used here only for the concepts identified in {A1} and {A2} -- anyone who feels confused by the other meanings of these words is asked to take another look at these two definitions and to substitute these letters for the words if confusion persists -- a Glossary appended below provides definitions for problematic terms used in the text. Because status is sometimes used to represent caste-like practices, as by Henry Maine in his famous status to contract dichotomy, it is important to say again that in my usage, status applies to both caste and class systems as a reflection of prestige ranking. Contracts made by individuals or groups are, of course, more important in class than in caste systems.
Many writers have contributed to this idea that class relations are widely pervasive: Karl Marx has been especially influential and many people who do not see themselves as Marxists have, nevertheless, accepted this notion. Although it is true that class-like practices -- as seen in ancient China and the Roman Empire -- have a long history, they have come to prevail only in modern times. The modern class system started in the West, perhaps centuries ago, but has now spread globally, boosted by the Industrial Revolution and the rise and fall of the industrial empires.
The basic premise of a class system is that all human beings are inherently equal and should have equal opportunities in life. Although human inequalities are recognized, social differences are explained by the conduct of individuals, some of whom acquire wealth, power, or prestige by their own efforts, while others fail due to their own weaknesses. To implement this premise, individuals are entitled to break from family traditions and engage in new occupations, and exogamy is permitted by allowing individuals to select marriage partners without communal restrictions.
These ideas are secular, rational or naturalistic in the sense that they do not presuppose supernatural explanations. The current clash in American public education between those who accept evolution and those who insist on creationism illustrates the persistence in modern times of the sacred ontology that supports casteism by contrast with the secular ontology of class systems. Sociologists use ascription to characterize the inherited differences found in caste-like social systems, and achievement to refer to the distinctions that arise when everyone is treated as inherently equal. The contrast applies to peoples or communities as well as to individuals: when ascriptive norms prevail, we see differences between societies as a natural phenomenon based on inherited or evolutionary traits attributable to supernatural or accidental forces beyond human control.
By contrast, when achievement-oriented premises prevail, we assume that all peoples are or should be equal, and that differences between them can be explained rationally, even though by contradictory theories. One theory, for example, assumes that the rich are richer because they work harder and the poor are poorer because of their sloth or incompetence. The contradictory theory blames backwardness on oppression and injustices in the world system, whereas those who have prospered are able to do so by exploiting those whom they could dominate. The former explanation appeals, no doubt, to those who are better off and the latter to those who feel oppressed. Both, however, belong to the domain of class-like, achievement-oriented, equalitarian and modern ways of understanding the world.
#Sovereignty and the Legitimation of Regimes
The caste/class dichotomy is associated with contrasting modes of legitimation of governance. In traditional civilizations, sovereignty is thought to have a supernatural basis -- kings rule by divine right. This is not an absolute principle since republican forms of government based on consensus among members of a community can be found. Like the class principle in ancient China, however, these were the exceptional cases -- they may have represented a carry-over from primitive forms of organization found in pre-civilized societies. It is important to remember that monarchic rule was not viewed, in principle, as autocratic or authoritarian. Rather, it involved an exercise of sacred authority that benefitted subjects by manipulating nature so as to assure conditions that would support life. When tyrants abused their authority, they were thought to have lost their divine mandate and the solution was not to change the system but, rather, to replace the oppressor. (Hocart, 1970).
In modern times, secular forms of governance evolved that were consistent with class-oriented social practices. The sacred sovereignty found in traditional societies was replaced by a the notion of representative government based on individual sovereignty. Every human being is viewed as having sovereignty in the sense of having the inherent right to govern oneself. However, to avoid anarchy, individuals should elect representatives to govern on their behalf. Thus, sovereignty under representative government has no supernatural basis. Instead, it presupposes basic human equality and hence the right of all people to participate in the processes of governance so as to maintain order and promote the general welfare. Inherent in this notion is political mobility -- jus as individuals could rise or fall economically, so in a republic, some individuals would be empowered while others were politically dominated. However, this would be a result of political successes and failures, not an inherited right or duty.
The transition from sacred to secular sovereignty has been turbulent. It was scarcely possible for one form to surrender quietly to a contradictory form. The most dramatic example of this transformation was the French Revolution in which the traditional monarchic order was violently replaced by a secular republic. However, the ensuing see-saw ups and downs of empire, monarchy, and republics illustrates the turbulent process of seeking a new basis for anchoring governance in popular rather than royal sovereignty.
A classic formulation of the ideological premises of this
transformation can be found in the American Declaration of Independence:
"We hold these truths to be self- evident: That all men are created
equal..." U.S.
Constitution
This revolutionary doctrine clashed with actual practice and
even its authors crossed their fingers -- most of them owned slaves whom
they viewed as inherently unequal, and they treated the indigenous
communities whom they had conquered as unworthy of equality.
An imaginary Declaration of Interdependence might have
rationalized a traditional caste system on the premise that, "It is
self-evident that all men are created unequal and must depend on each
other, harmoniously, in order to enjoy God's blessings." Under this
mantle, rulers and elites could legitimize their exploitation of weak,
dependent and subordinated communities while enjoining their cooperation
and support. With or without the explicit recognition of such a doctrine,
it is apparent that all traditional civilizations were multi-cultural and
that ethnic differences did not provide a major focus of conflict.
Instead, competing elites -- rulers and their subjects, patrons and their
clients, prophets and their followers -- led rival factions in wars of
conquest or aggrandizement, and class conflicts were rare. The prophetic
or religious movements that sometimes challenged established powers were
carried out in the name of supernatural revelations rather than
ethnonational claims for justice. Most often, rival rulers simply fought
each other for dynastic claims or pure greed -- when conquerors sought
higher authority for their conquests, they offered supernatural
justifications.
Mercantilism and the Industrial Revolution brought about a
radical transformation that led to class-based social systems. Merchants
and artisans existed in all civilizations, normally as members of
subordinated castes. (Curtin, 1984) . Rulers
tolerated or supported them because they wanted imports that could not be
grown or made at home. However, in Western Europe, as a result of the
Feudal duality of Church and State that had enabled powerful merchant
communities to evolve and produced the post-Westphalian state system, the
bourgeoisie was empowered in a truly exceptional way
(Pirenne, 1952) . Gradually, as rulers came to depend on the support
of burgers to finance their wars, they empowered the capitalists and
created capitalism. Only after capitalism became established as a
political system, however, was it possible to accomplish the Industrial
Revolution -- marginalized merchants never had the security of property
needed to enable them to invest in the factories and technologies needed
for industrial production. The importation of Indian cotton to England by
the East India Company and the resistance this provoked among English
woollen goods merchants triggered the innovations that made the
development of cotton manufacturing a catalyst for industrialization and
also the acceleration of the African slave trade, the main basis for
racism in America -- see Sansom (1973) .
Bourgeois empowerment led, ultimately, to the transfer of power
from kings to parliaments -- a long and traumatic process that culminated
only in the nineteenth century. It depended for its success upon a mythic
process that transferred sovereignty from the rulers to the ruled -- from
belief in the divine rights of kings to the notion that people had a right
to govern themselves. This process built upon and inspired a
corresponding shift from caste to class systems, from social immobility to
mobility, from an acceptance of the necessary inequality of people to a
belief in their innate equality. The process was inherently traumatic and
generated deep conflicts. It replaced traditional beliefs in the value of
established authority to the modern acceptance of innovation and radical
change. The new populist or democratic ideals undermined proto-caste
beliefs and power structures, bringing about a radically different social
dynamic in which inter-class conflict became possible, though never as
pervasively as Karl Marx predicted.
To explain this transformation, we need to recall how bourgeois
empowerment led to technological innovations and the transfer of peasants
from their rural homes to urban factories and mines
(Polanyi, 1944) . This meant that new occupations had to be created
and staffed by workers, engineers and managers whose roles differed
radically from those of their fathers. Internal conflicts of interest
within firms between their owners and employees came to be seen as
prototypical for clashes between the upper, middle, and lower classes, and
led to the formation of trade unions and chambers of commerce and industry
in which class interests prevailed over traditional forms of factionalism
based on patron-client interdependence.
In this environment, individuals began to marry for love,
ignoring family traditions, and exogamy began to replace endogamy as the
norm. Individualism replaced sodality, clubs and associations based on
voluntary choices replaced clans, families or tribes as the organizational
framework for social life -- sociologists have long noted this
transformation as a shift from primary to secondary groups, from
Gemeinschaft to Gesellschaft, even from rural to urban. But these are
symptomatic changes -- at their base is a shift from caste-like to
class-based social structures.
Such changes take time and are deeply unsettling.
Traditionalists, seeking to preserve valued family and caste-based
traditions which were often identified with race, language or religion --
the main markers of ethnicity -- mobilized to challenge new social forces
in which values based on class, occupation and individual choices
prevailed. In this context, members of marginalized communities,
attracted by the lure of new opportunities or rebelling against declining
fortunes, organized to press their claims, to achieve social justice and
mobility. The resulting conflicts were sometimes seen as class-based
struggles between rich and poor, but they often assumed an ethnic
coloration as members of one community identified another as their
enemies.
NATIONS AND NATIONALISM: A TRANSITIONAL MARKER
The transition from caste to class-based identifiers could
scarcely be made quickly and completely in any society -- some kind of
transitional device or marker is needed. Such a device enables some
portion of a population to move into a new space where rules of equality
apply, leaving the rest of the population in the old space where rules of
inequality prevail. Admittedly the concept of a nation was never
conceptualized in this way, but that was its hidden agenda. In order for
the concepts of nationalism to work, they had to be taken at face value.
Unless members of a nation truly believed that they were privileged to
belong to a special community entitled to sovereignty and self-government,
they would scarcely have accepted the equalitarian norms that granted all
of them the right to move out of inherited occupations to embrace new
ones, and to choose their own marriage partners rather than permit their
families and social pressures to dictate who they would marry. The latent
function of nations, therefore, was to provide a platform on which to
achieve the transition from caste to class, while excluding the rest of
the population who remained subject to the traditional constraints imposed
by family and occupation.
In a sense, nationalism, like ethnicity, is an ancient
phenomenon. There have always been distinctions between "we" and "them,"
between the "in-group" and the "out-group," the "endocentric" and the
"exophobic." Nation comes from a Latin root, natus,
meaning "to be born." Related derivatives are natal, native, nascent,
nature, all pointing to origins and original form. It came to refer to a
people who share common customs, origins, history, and language.
Comparable notions are expressed by society, which comes from the
Latin socius, meaning ally or companion. Its derivatives include
social, sociable, associate, and association.
In one sense society refers to an upper class, but in
sociological usage, it has come to mean all those who share institutions,
culture, and interactions. Traditionally, those who belonged to a nation
or society thought well of themselves and looked down on outsiders.
Residues of these ancient attitudes persist to this day: for example,
Eurocentrism continues to mark the way Westerners view the world, as does
the Sinic view of the world which has long seen China as the "middle
country," the "jung quo".
Terms used to refer to outsiders are typically derogatory.
The word, pagan, for example, comes from pagus which
referred, in Latin, to a district or village. From this root comes
peasant, a word that retains its rural connotation, while
pagan came to mean a non-believer in a very pejorative sense.
Savage shares a root with sylvan, coming from the Latin
form, silva, signifying forests, and hence forest dwellers.
Barbarian comes from the Greek, barbaros meaning non-Greek.
These ancient concepts had no connotations of ethnicity or
political rights. A well-known test case can be found in the Jewish
Exodus from Egypt. The ancient Hebrews can be seen, anachronistically, as
an ethnic nation struggling to escape from slavery and establish its own
state. A more authentic interpretation, I believe, is provided by the
book of Exodus which attributes the flight to supernatural
revelations that led Moses to lead his followers in search of the
"Promised Land" Jehovah had set aside for His "Chosen People." Moses did
not claim any inherent right of the Jewish nation to equality and
sovereignty. Rather, he relied upon sacred authority as he perceived it.
The Crusades were also wars predicated upon competing sacred rights, not
ethnic differences.
In the great majority of cases, however, armed conflicts
between rival rulers or overlords lacked legitimation by sacred claims or
ethnic differences. Instead, dynastic rivalries or simple struggles for
power between greedy rivals provided the main explanation. Leaders called
upon their followers to support them. Nationalism in this form
can be understood as simple ethnocentrism, the idea that one's
own group is superior to others. Perhaps more realistically, it involved
rival factions, defined as a typically caste-based alliance of patrons and
clients who contend with rival factions for wealth, land, or privileges.
Such factions consisted of families, clans, tribes, or kingdoms -- their
conflicts involved greed, pride, or vengeance, but not ethnic claims to
sovereignty.
#Modern Nationalism
By contrast, modern nationalism has evolved as a new form of
ethnocentrism based on profoundly different motives that have been
generated by modernity. At the societal level, the transition from
caste-based inequalitarianism to class-oriented equalitarianism has
simultaneously mobilized marginalized communities to demand more equitable
treatment and also activated defensive reactions by more privileged
communities, thereby angering lower status groups and prodding them to
react. This is a classic form of circular causation in which A provokes B
to provoke A in an endless cycle. Its basic premise is the threat/promise
of equality that moves upper and lower status groups to contend with each
other. Such conflicts were not generated in caste-based societies where
status inequalities were accepted as normal and inescapable.
At the political level, the transition from caste to class
structures leads to the emergence of states in which representative
government replaces kingship, thereby changing the basis for legitimacy of
social stratification. The traditional system attributed political
authority to sacred forces that legitimized inequality as both unavoidable
and just, whereas the new order repudiated these beliefs, replacing them
with the notion that sovereignty rests in the right of individuals to
govern themselves or elect representatives to act on their behalf. The
promise of equality among citizens and equitable policies enforced by
representatives in government changed the ground rules.
Traditional nationalism hinged on the criteria of royal
legitimacy -- subjects felt honor-bound to support their kings, to offer
tribute to them and to support their wars. That was the basis for
thinking of a regime as a nation. It is well symbolized by the struggle
of Joan of Arc to create a viable monarchy and defend its interests
against the outsiders.
Modern nationalism replaces the king by the people as the
source of sovereignty and the focus of loyalty. Patriotism is re-defined
as a willingness to fight for one's country rather than one's king. A deep
problem arose in making this transition, however, because the political
revolution involved in transforming a monarchy into a republic did not
automatically produce patriotism among all the residents of a country.
Many would not easily abandon their loyalty to the dethroned king, and
others would see themselves as outsiders, alienated from the new republic.
Retaining a king under the guise of a constitutional monarchy might ease
this transition, yet it could also create ambivalence -- even today, it is
not clear in such regimes whether officials are "His Majesty's Servants"
or servants of the people. In England, the House of Lords has only
recently abolished the right of Lords to inherit their seats, a residue of
the caste system. Today the Hereditary Lords are being replaced by Life
Lords selected by the regime to enhance support for its policies. As for
the House of Commons, it has achieved the transformation to popular
representation after many reforms that began two centuries ago.
From the beginning, it has never been quite clear who, exactly,
are the members of a republic with the right to be represented in its
governance. Oligarchic forces seeking to protect their property and
establish a ruling elite could not easily establish boundaries to protect
themselves from outsiders seeking the privileges and status of
people as constituents of the regime. The American Constitution
opens with the claim that We, the People of the United States...do
ordain and establish this Constitution... The word, people,
comes from the Latin term, populus, from which other words like
popular, populace, population, and public are
also derived. Although sharing a common etymology, their connotations
have diverged. If we use population to mean all humans in the world, or
within any territorial boundary, then we can make a distinction between
people as those in a population who count, and populace
as those who do not. Since the boundaries are never sharp, this
distinction invites efforts to members of every populace to become people
and, reciprocally, it temps the people to resist and seek to preserve
their special status.
In the American case, the notion of who "the people" are was
qualified from the beginning by the exclusion of indigenous tribes and
slaves, to say nothing of poor people, women, and others who would not be
enfranchised. Eventually, the notion of the people was replaced by the
idea of the nation, a term that did not gain widespread currency until
after the Civil War in the mid-nineteenth century. Until then, the
republic was conceptualized as a constitutional system of government for
the people, or a union of sovereign states. After the deep
trauma of the Civil War, it became apparent that a more cohesive identity
was needed and the victors drew on the ancient term, nation, to replace
the increasingly ambiguous concept of the people.
#The Nation-State
At the same time, an equation was created between the nation
and the state. The core idea is expressed by the term, nation state*
{C2}
. This phrase eases the transition from a kingdom to a
democracy. In both cases the state is a focus of patriotic fervor, but in
the former its identity hinges on the ruler as sovereign, whereas in the
latter, the nation is sovereign.
Although this was not an easy transformation, the basic
concepts seemed to be clear enough. In its ideal form, a nation consists
of everyone over whom a state exercises jurisdiction and the members of
this nation have the sovereign right to choose those who will represent
them in governing the state. To represent this idealized notion, I use
the phrase, national state* {C1}. In such an
idealized state, all citizens share a common ethnic identity and everyone
who has this identity is a citizen. Clearly no state in the world today
is a national state -- perhaps Iceland comes nearest to approximating this
idea. Israel has embraced the notion by giving all Jews the right to come
to Israel as citizens. Although it denies the suffrage to Jews residing
outside the state, they automatically have the right to vote if they come
to Israel to cast their ballots.
Realistically speaking, none of the sovereign states of the
world are truly national states. Instead, they all have multi-ethnic
populations and, in varying degrees, they exercise jurisdiction over
non-nationals*
{C5}
who cannot or will not count as members of
the dominant nation. Of course, one can rationalize the phrase,
"nation-state" as just a convenient way to distinguish an independent
state, like the United States, from its sub-states, like Virginia and
Hawaii. In this usage, nation is just a synonym for
state, as it is in the name of the United Nations.
Fortunately, we can use other phrases like independent state or
sovereign state*
{C2}
to refer to polities whose sovereignty is
recognized in the world system of states.
This usage enables us to use nation unambiguously, in
its modern sense, to refer to any ethnic community that claims
sovereignty, and we may refer to all members of a nation as its nationals.
I shall distinguish two kinds of nations: dominant Nations {B5} and ethnic nations {B4}.
The socio-political sense of the word used here needs to be distinguished
from its special legal sense. In some states, national is defined
legally to refer to non-citizens who are not aliens -- these are people
under a state's jurisdiction, perhaps in conquered territories, who have
limited rights but not those of full citizenship -- residents of the U.S.
Virgin Islands or American Samoa are examples. I shall avoid using
national in this sense. Rather, I shall always mean by
National* {C3} a member of a Nation, and by
national* {C6} a member of an ethnic nation.
Moreover, every such nation, by definition, either dominates a
state or aspires to become a state. This criterion identifies two
different kinds of nations and it is very important to be able to
distinguish clearly between them. I use state nation* {C4} to refer to states that seek to become national
states by converting non-nationals to nationals, or by eliminating them.
Between these polar extremes, many intermediate and changing policies can
be found. State policies that encourage the assimilation of non-nationals
are liberal whereas those that discourage such assimilation are illiberal,
and states may follow mixed policies that encourage assimilation by some
while repelling others.
ETHNIC NATIONS
By contrast with state nations, we may speak of ethnic
nations* {B4} as ethnic communities that claim
sovereignty and statehood -- I use ethnonation as a synonym.
Again, there are important differences. Ethnic nations living within
enclaves* {D2} experience greater obstacles
to statehood than those living in exclaves, territorially separated from
the state exercising jurisdiction over them. Enclave nations may have to
settle for autonomy as a form of self-rule without full independence.
The distinction between state nations and ethnic nations enables us to
speak more clearly about the rise of modern nationalism and its
implications for ethnicity and ethnic conflict.
Most ethnic communities are not ethnic nations because they do
not aspire for independence, either because they want to become members of
an existing nation, or they are so dispersed and weak that they know
claims of sovereignty will be hopeless. Consequently, they are not
nations, as I have defined this term, although in popular usage they may
be called "nations" to avoid using a pejorative. This usage, however, is
consistent with contemporary scholarly practice in which a distinction
between ethnicity and nationalism is made. See, for example,
NATIONALISM AND ETHNIC POLITICS (the journal of the Research
Committee on Politics and Ethnicity of the International Political Science
Association). Indeed, we may view ethnicity as a property of
communities that do not constitute the dominant nation of a state. In
many, perhaps most, states there is such a Nation*
{B5}
-- I am capitalizing the word to distinguish dominant nations from
stateless nations, the ethnic communities (nations) that aspire to attain
statehood. Instead of defining ethnicity by such markers as language,
religion, ancestry or race, therefore, it may be simpler and more useful
to define ethnicity as any property that excludes individuals, permanently
or temporarily, from membership of a Nation. They may, however, identify
themselves as ethnic nations, or nations* {B4}.
By underlining this word we may be able to distinguish easily between the
two kinds of nation: Nations and nations.
This distinction also enables us to say that the population of
any state may be divided between its Nationals and its
non-Nationals. Capitalization of National permits us to
distinguish this concept from nationals in a legal sense. Communities
whose members do not identify themselves with a Nation are classed as
ethnic, but it is important to make a distinction between two kinds of
ethnic: those who are permitted to become nationals and those who are
not. The term ethnic is often used more narrowly for the former
sub-category and the latter, under various headings, are denied
opportunities to become nationals. In traditional civilizations, where
caste-like distinctions were pervasive, differences of religion, language
and ancestry marked separate communities and preserved their separateness.
In modern nations, however, these distinctions lost their power to the
degree that they could not be invoked to prevent national assimilation.
A new distinction arose to provide a barrier that could not be overcome,
namely the idea of racial differences.
#Race as a Marker
The idea of race as a criterion for exclusion is relatively
modern, although it can be traced to the Columbian era. Before
Christopher Columbus sailed to the New World, racism was not a significant
factor in European consciousness, nor did it spring up quickly during the
16th century. There was a transitional period during which
Europeans sought to explain and justify their intrusion and conquest of
indigenous peoples by relegating them to some kind of sub-human category.
The natives were viewed as belonging to nature and hence to be
captured and handled like animals rather than to be treated with the
respect that evolving concepts of international law stipulated for all
"civilized" peoples. [Henningsen's paper]. Under the mantle of this
mythology, all kinds of barbarities, genocide and theft were perpetrated
by Europeans upon the conquered peoples, even those who, as in Mexico and
Peru, had achieved levels of civilization that equaled or even surpassed
those known in Europe.
When the American Constitution was promulgated, the indigenous
peoples still fell under the rubric of natives, and those of African
descent, as slaves, were viewed as sub-human property. Following the
Civil War (1861-65), however, when American nationalism surfaced and the
slaves were emancipated, these fictions lost their plausibility. In their
place, the myth of racial differences flowered, and it spread to encompass
all non-Caucasian communities. In addition to Red (Indians) and Black
(Africans), the categories of Yellow and Brown (Asians) became popular.
They provided a basis for permanently excluding some ethnic communities
from membership in the Nation.
The notion of racial inferiority received some support, in the
popular mind, from Darwin's theory of Evolution -- his Origin of
Species appeared in 1859. Evolutionary theories were invoked to make
racial distinctions credible on the premise that, since humans had evolved
genetically, there must be significant differences between human races,
just as there were between different animal species. Although humans
could be distinguished from animals, different stages in human evolution
were associated with different levels of human consciousness and,
therefore, equalitarianism could be ascribed to some humans (i.e., the
Whites) whereas other humans (the non-Whites) were viewed as inherently
inferior and, hence, not deserving of equal treatment. The conquers were
classified as "White," and non-Whites were lumped together under such
racist categories as "Black," "Brown," "Yellow" and "Red." The most
conspicuous symbol of American racism during the following century could
be seen on public toilets in the South where "White" and "Colored" signs
marked the distinction. Parallel distinctions were made in South Africa
under the guise of Apartheid.
It is useful to make a clear distinction between race
as a socially constructed category that has little to do with genetic
differences, and racism as a mental construct that uses racial
stereotypes as a basis for excluding communities from Nationhood. In the
context of the creation of Nations as a way of extending equalitarian
norms to the dominant community of a state, racism provided a plausible
substitute for language, religion and ancestry as an inescapable criterion
for excluding some minorities. Its strength is reflected in the
continuing use of "race and ethnic" as a set phrase. Although no clear
line is usually drawn between race and ethnicity, the important
distinction arose between those who could and those who could not
Nationals.
Following the removal of racial discriminations in American
immigration laws during the 1920s and the success of the American Civil
Rights movement culminating in the ban on racially segregated schools
imposed by the U.S. Supreme Court, in 1954, in the landmark Brown vs.
Board of Education decision, racism lost its formal recognition in the
United States. However, simultaneously it became an important rallying
cry for ethnonationalists. Well aware of the injustices their ancestors
had suffered in the name of racism, they adopted a counter-racist
ideology. In protest against past injustices, they proclaimed their
sovereignty and demanded the right to establish their own states and
create their own nations. Although racism became more of a shibboleth in
the New World where new nations were created by diverse immigrant
communities, the notion has also spread to Old World countries even though
ancient barriers of language and religion still retain their sting as
grounds for distinguishing Nationals from non-nationals.
#The Ambiguity of Ethnicity
The distinction between state Nations, and ethnic nations is
polar, and leaves open a large marginal zone populated by ethnic
communities whose members may or may not want to become Nationals -- and
for whom assimilation to a Nation may or may not be possible.
Traditional nationalism had no such ethnic character. Modern
nationalism, by contrast, is loaded with ethnic ambiguities* {B2}.
The basic problem arises, I believe, because of the fluid character of the
transition from caste to class orientations. Essentially, nations consist
of members who have accepted equality and class mobility as norms while
those they exclude are viewed in residual caste-like terms as inherently
unequal and therefore condemned to social immobility. So long as ancient
caste markers based on language, religion, or ancestry remained active,
they provided criteria that enabled ruling communities to dominate
marginalized communities. However, these markers eroded in countries
where industrialization and democratization led to the creation of Nations
in which equalitarian norms would prevail. Even so, a large residual
category of non-Nationals remained. In the older Afro-Eurasian countries,
the ancient distinctions still remained strong enough to arm the ancient
cleavages reflected in many current ethnonational conflicts. However, in
much of the New World, as noted above, these distinctions lost their
potency and were replaced by the newer racial criteria.
Regardless of the criteria, we can visualize the transition
from caste-based inequalitarianism to class-oriented equalitarian norms in
terms of a spectrum that places state Nations at one extreme and ethnic
nations at the other. At these extremes, they invite
confrontations and also international cooperation or networking. Just as
the states of the world increasingly join forces to defend existing
boundaries and protect the status quo, so ethnic nations are rallying to
help each other achieve their revolutionary aspirations, especially to
gain independence or autonomy and to achieve the benefits of statehood.
Some ethnic nations have organized themselves into a network, making use
of the INTERNET: their names and information about them can be found on
the Web Site of the Unrepresented Nations and Peoples Organization at: UNPO.
Most of these ethnic nations are unfamiliar to us, but a few
have attracted extensive media coverage and are very well known. A
conspicuous example of state Nationalism vs. ethnic nationalism can be
seen in Kosovo where the Serbian Nation has attempted to unite all Serbs
in one state and to oust non-Serbs from its territory. By contrast, the
Slovak community has already achieved independence at the expense of its
Serbian minority, and the Kosovar Albanians, after having been ruthlessly
attacked, are now, with international support,, seeking to create their
own national identity. Although such conflicts receive a great deal of
media coverage, little effort is made to clarify the long-term dynamics of
the processes that have produced them.
Between the extremes of state and ethnic nationalism, there is
a wide zone of ethnic ambiguity in which three rough categories may be
identified. Near the pole of ethnic nationalism we could find communities
whose members reject assimilation to the Nation yet lack the cohesion and
territorial foundation needed to become nations. A good example in
the U.S. is the "Nation of Islam," a dispersed Black community that has
elected to adopt a religious distinction to distinguish itself from the
dominant Nation. One might refer to them as proto-nations* {B3}.
They can be distinguished from ethnic nations by the lack of a territorial
base and ancestral traditions. Instead, they are recruited on the basis
of profound alienation to join a movement that promises a sense of
"national" identity and a solution to their acute problems. A more
familiar example can be found among the Roma (Gypsy) peoples who are
scattered in many countries and have experienced persecutions and
marginalization in many of them.
Toward the opposite end of the spectrum, we find ethnic
communities whose members have been largely assimilated to a Nation yet
continue to feel some degree of discrimination. A good example can be
found in the "Americans of Japanese Ancestry" (AJA) community who insist
that they are not hyphenated "Japanese-Americans" although they do want to
keep many of the cultural practices of their ancestors. The same is true
in less conspicuous ways of many European communities whose Americanized
members retain cultural practices of their homelands. Many Scottish,
Irish, German, Polish, Italian and French immigrants to the United States,
for example, retain much of their cultural heritage and love to celebrate
their historical, culinary, musical, and artistic achievements. For all
practical purposes, however, they have fully assimilated to the American
cultural scene and view themselves as patriotic citizens.
This phenomenon is sometimes discussed under the heading of
ethnic tokenism, or symbolic ethnicity. It is viewed as
having a folkloric interest, but no political or economic importance,
perhaps because it generates little conflict and much pleasure.
Actually, I think, this is an important manifestation of ethnicity and
deserves to be treated more seriously. Perhaps if we used another term
for it, like virtual ethnicity* {B1} , the
subject would be treated more seriously. I believe it showcases a
desirable outcome of ethnic diversity which not only enriches the
experience and lifestyle of many Nationals, but also offers many others
cultural opportunities that can make their lives more interesting and
gratifying.
Between virtual ethnicity and proto-nationalism lies an
intermediate and very problematical experience that lies at the core of
ethnic ambiguity* {B2} . Much of the
literature on ethnic diversity* {A4} focuses
on such communities. Their members may or may not become assimilated to
the Nation for reasons that arise on both sides of the boundary.
Prejudices, harassment and barriers imposed by Nationals make them feel
unwelcome, leading many ethnics to reject the ideas of assimilation or
integration. Instead, they may see ethnic nationalism as a preferred
solution for their problems. However, because they are dispersed
geographically, and many members of these communities have successfully
assimilated -- especially because of mixed marriages that enable them to
claim membership in more than one community -- they are vulnerable to
internal tensions and factionalisms that hamper their ability to establish
clear identities and find satisfactory solutions to their ethnic dilemmas.
It would be useful to have a term that could be used to identify ethnics
experiencing this kind of ambiguity. I suggest ethnic marginals.
This term would enable us to think of them as the most important subjects
of ethnic diversity. Broadly speaking, ethnic diversity refers to all
three intermediate categories: including virtual ethnicity,
proto-nationalism, and also, especially, ethnic marginality.
Of course no clear lines can be drawn between these
intermediate categories, and identifying three of them is arbitrary.
However, it will help us to think about how constitutional arrangements
can help to achieve better solutions to the problems posed by ethnicity
and nationalism. Figure 1 may provide a useful way to visualize and
remember this spectrum. ETHNIC NATION --
PROTO-NATIONALISM -- ETHNIC MARGINALITY -- VIRTUAL ETHNICITY -- STATE
NATION #A Colloid Society
We tend to think of countries, states and nations as
homogeneous entities, and we reify them just as we draw boundary lines
between states. We see modern societies as class-based communities where
social mobility is encouraged and equalitarianism is the norm. In such a
society, everyone has an opportunity to advance economically and socially
and also to share sovereignty as a citizen eligible to vote and to be
represented in government. By contrast, we see traditional societies as
places where inequalities prevail on the basis of sacred forces under the
authority of monarchs whose right to rule has supernatural legitimacy.
Such societies have a caste-like social structure based on the inheritance
of occupations and the prevalence of endogamy. Although we typically use
Caste to refer to the ritually elaborated Hindu social system, we need to
understand that its core features of occupational inheritance and endogamy
are pervasive in traditional civilizations.
No doubt both of these images are exaggerated ideal types.
More importantly, in today's world I think both principles are usually
mixed together in the same country, though in varying proportions.
Moreover, during the period of industrial imperialism, states that were
democratically accountable at home ruled arbitrarily, as a master race, in
conquered territories -- in these empires democratic equalitarianism may
have prevailed at home while un-democratic inequalitarianism was enforced
in the imperial possessions. 2 More
importantly now, following the demise of these empires, we see that in
most state nations, while equalitarian norms flourish among Nationals, the
non-nationals in these countries are subjected to caste-like subjection.
Precisely because of the wide-spread acceptance of equalitarian norms,
however, these conditions are experienced as far more onerous than they
would have been traditionally: they generate anger and often provoke
ethnic protest movements.
It might be useful to speak of any society where class-based
equalitarian practices are intermixed with caste-like inequalitarian
sub-structures as colloidal* {A3} . A colloid,
physically speaking, is a substance distributed throughout a different
substance -- metaphorically, a colloid society might be defined
as one that accepts equalitarianism, class and social mobility for members
of a dominant Nation but rejects these principles for folks belonging to
communities that are marginalized on the basis of such criteria as their
race, religion, language or ancestry. Such cleavages are understood as
having an ethnic character in modern societies, but in traditional
civilizations, parallel divisions are experienced between caste members
who respect each other's differences, and outcaste groups whose beliefs
and life-style cannot be reconciled with those of caste communities.
In a colloidal state, the dominant Nation recognizes all
people as sovereign, entitled to fair treatment and equal
opportunity in a class-based social system. However, it also condemns
non-people to subordination and inequality. These non-people may
carry the residual onus of a traditional status as outcastes, or they may
be burdened by new tensions based on conquest, migration, or artificial
barriers based on racist myths.
Such racial and ethnic minorities may be officially barred from
membership of a the Nation or, if they are eligible, they may not yet have
become Nationals. Reacting against such barriers, some marginalized
communities mobilize to claim that they, in fact, are nations
entitled to the privileges of self-government and sovereignty. When
successful, they would become Nations and might well, in turn, impose
barriers against ethnic and racial minorities under their domination.
Alternatively, they may demand the full rights of citizenship and
integration with the dominant Nation. Between these options, as noted
above, in the limbo land of ethnic ambiguity, members of some ethnic
communities vacillate between the options of Nationhood and
secession. The colloidal status is inherently unstable and subject to
increasingly urgent demands for change, not only from ethnic communities
but also from Nationals who have become alienated by the uncertainties
that equalitarianism produces. Some members of a dominant Nation react
against the insecurities posed by modernity, especially the self-doubts
they experience as a result of failed expectations. The equalitarianism
of a class-oriented society not only produces opportunities, but it raises
hopes that are often not fulfilled. Lower caste communities feel no guilt
since they can blame their adversities on Fate or Karma. By contrast,
when secular, equalitarian notions prevail, people in the lower classes
have to blame themselves for having failed, or look for scapegoats. During
a period of transition, lower caste communities (whose members previously
had no option but to accept their status) begin to demand and expect new
opportunities for social mobility and increasingly protest, even resorting
to violence, when these expectations are not met.
By contrast, upper caste communities respond to the new class-based
ideas with fear and ambivalence. They want to protect their privileges
and resist changes that open up opportunities for outsiders or lower caste
groups. They may well support neo-traditionalist ideas that give them a
sense of self-righteousness which compensates for their
failures in the secular society, and rationalizes their scorn for
ethnic and racial minorities who are viewed as nonbelievers or heretics.
The neo-traditionalists fantasize that a return to the certainties and
family values of the past will, somehow, create a righteous Nation that
can justly marginalize non-believers and legitimize the sacred
inequalities of an imagined past.
Hostility to minority communities and the desire to enforce their
subordination, therefore, plays an important part in the
neo-traditionalist fantasy world. Although neo-traditionalists do not
think of the past in caste-like terms, in fact they yearn for a social
system in which they could, proudly and without guilt, play the role of a
ruling caste, lording it over lower caste communities. Consistently with
the ideology of caste-based societies, neo-traditionalist Nationals invoke
divine authority to legitimize their claims to superiority and their right
to oppress those they view as unrighteous misbelievers. Between these two social extremes, we find middle-caste communities
whose responses to change may well be highly ambivalent. They welcome new
opportunities for social mobility that may enable them to raise their own
status (income, prestige and power) but they also worry that growing
pressures from lower status people will lead to their own marginalization.
Caught in a squeeze between these forces, they can ambivalently support
fascist authoritarianism or liberalizing democratization.
As for the non-nationals, their responses to marginalization
are predictably strong. Some proclaim their willingness to accept
citizenship and seek membership in the Nation. Barriers to acceptance,
however, provoke their anger and impatience, perhaps leading them to a
defiant interest in their own ancestral heritage. The problems and
inequities generated by this form of ethnic has become the focus of much
of the literature on ethnic diversity. It focuses on injustices
to be rectified and prejudices to be overcome as they are experienced by
the ethnic marginals. The underlying vision is that those on all sides of
the prevailing ethnic divisions will accept the possibility of achieving
justice and equality within the framework of existing states, and the hope
that non-Nationals can become integrated with the dominant Nation without
having to sacrifice their own tural identity.
Other non-nationals reject such ideas as utopian and unjust
because past injustices and oppression can never be conciliated. They,
therefore, reject the status quo, proclaim their sovereign rights, and
demands independence, or at least autonomy. The struggles led by ethnic
nationalists, as reflected in the projects outlined by the unrepresented
nations referred to above, are a result and they will, continue to
engender conflicts in many countries during the coming years. It is
helpful to use ethnic cleavage*
{A5}
rather than
diversity to characterize this relationship. Research on
ethnicity often mixes these two forms together, but I think we need to
distinguish clearly between them, even though there can be strong
overlaps, and many individuals are torn between the two. Under the
heading of a colloid society, we may well expect both diversity and
cleavages to co-exist and individuals will undoubtedly vacillate between
the goals of integration and cleavage.
How members of an ethnic community see themselves is,
assuredly, affected by the policies of the state where they live, and the
attitudes expressed by its Nationals. The more supportive and tolerant
they are, the more ethnics will be drawn toward the ideals of diversity,
seeking harmony as citizens of the state nation. By contrast, the more
exclusionary and hostile the disposition of the state and its Nationals,
the more likely it is that ethnics will become nationalists, demanding a
separate political status.
Many if not most modern states have embraced the ideal of a
national state. The strategies they adopt to achieve this ideal vary from
liberal and to illiberal. The former seeks to assimilate non-nationals by
non-coercive means, while the latter follows harsher policies designed to
root out non-nationals, including such extreme measures as the Nazi
Holocaust. Between these extremes we find ambivalence and vacillation.
We can also find, hopefully, signs that some states support multi-cultural
policies that encourage ethnic diversity and view it as desirable.
Ideally, they extend equality of opportunity to everyone and enable aliens
to become citizens without compelling them to assimilate to the dominant
nation.
Indeed, we may well anticipate that the idea of a Nation as the
basis for legitimizing governance in a republic will pass. In its place
there is emerging the idea of a multi-national state.
Switzerland is perhaps the best prototype but it is more of a confederacy
in which each canton is based on a kind of sub-Nation. However, such a
multi-national state need not be colloidal -- it may provide equal rights
and protections for all citizens even though they belong to different
nations.
An alternative model that I would personally favor might be
called a civic state. Instead of recognizing a congeries of
nations as the basis for legitimizing representative government, one would
think of all humans as people entitled to representation and justice in
the modern state. Their sovereign rights would depend on their humanity
rather than on membership of any nation. Such a transformation would, of
course, require the elimination of all caste-based notions that
marginalize the non-Nationals in a state. Instead, the distinction
between Nationals and Non-Nationals would vanish. More significantly, the
whole idea of nations and nationalism would become obsolete. It would be
replaced by citizenship or residence, concepts that have no ethnic
connotations. Individuals would have a normal place of residence that
entitles them to be represented in the governance of that place -- such
places already exist as villages, cities, sub-states as well as
independent states. The ultimate citizenship of all humans would be
vested in some kind of world order.
No doubt to the implementation of such a vision would involve
the comprehensive elimination of caste-based practices and the extension
of class-based concepts to a global system. That is surely a long-term
futurist dream, but it is worth contemplating as an ultimate possibility.
In such a world order, citizenship would depend on place of residence and
willingness to be obey the law rather than ancestry, language, religion or
race. Individuals could easily transfer their citizenship from one state
to another because the transitional status of belonging to a nation would
lose its force. Something like this may be happening today in the
European Union where the old identities based on language and religion are
weakening under the influence of a growing sense of European civic
identity devoid of national sentiments. Parallel changes could well occur
in the future, not only in regional contexts, but even in a global one
where, idealistically speaking, all humans would vest their claims to
equal opportunity on their status as world citizens. Collloidal mixtures
as a caste/class transitional phenomenon would disappear, but social
integration would not mean cultural homogenization. Instead, a world
order should provide space for many different cultural communities to
maintain their identity, perpetuate valued traditions and share their
difference. Life should become enrichingly variable and secure. In order
for that to happen, however, democratic practices that enable responsible
and representative government to protect the interests of all citizens
need to become established throughout the world. For that to happen,
however, we need to re-think the structures of democracy 3 that can and will work to cope with serious
problems, including the need to overcome ethnic conflicts. In Part II of
this analysis, I will present some thoughts on these possibilities.
It has become increasingly important, for the sake of world
peace and security, to help all countries find ways to handle ethnic
tensions within their borders -- not only those fueled by ethnonationalism
but also, and increasingly, the growing dissatisfaction of dispersed
non-National minorities living scattered throughout many countries.
Ethnic dissidents are suppressed by ruthlessly efficient one-party states,
but in the long run such regimes aggravate the repressed discontents which
become truly explosive if and when the regimes collapse. Far more often,
in today's world, there are weak authoritarian states, often dominated by
military groups but sometimes by elected politicians, who abuse their
authority. Such regimes are unable to solve many important problems,
including those posed by antagonized ethnic communities. These are the
countries where ethnic nationalism and violent conflicts are most
prevalent.
To deal effectively with these problems, it seems clear that
responsible governments with popularly elected leaders are necessary (Riggs, 1995) . Only when those who are affected by a
regime's policies have some meaningful way to influence the way they are
treated can we assume that their interests will be taken into account and
respected. However, the mere fact that a government is elected does not
assure its responsiveness to the concerns of all those who live under its
authority -- democratic government by itself does not automatically
resolve ethnic conflicts. An important reason is surely the inability of
some residents to vote for office holders. Since the right to vote for
political leaders is normally exercised only by citizens of a state, the
interests of aliens are often ignored. However, aliens often get
diplomatic support from the country of which they are citizens, they are
not truly helpless. By contrast, stateless persons and ethnic minorities
who are classed as non-Nationals often suffer the most because of their
lack of political representation. Their lot may be improved if they can
become naturalized citizens -- or, more importantly, if non-Nationals can
become Nationals. That is because citizens who are not Nationals often
find that their votes carry little weight, a fact that raises important
questions about the way democratic constitutions actually work.
These considerations lead to questions about the willingness
and ability of regimes to open their doors so that excluded people can
actually secure political representation and real protection for their
interests. It is not enough just to write clauses into a Constitution
that guarantee human and civil rights. When only Nationals are well
represented in a government, and many residents in a state are not
Nationals, even if they are citizens, we may expect public policies to be
so biased that many ethnic communities will be alienated and some of their
members will resort to violent protests and disruptive acts. To avoid
these difficulties, the victims of injustice need to be brought into the
political process. Different constitutional mechanisms, I believe, affect
the ability and willingness of regimes to do that, and in the analysis
that follows I shall discuss the influence of these mechanisms, paying
particular attention to the way power is distributed among the elected
office-holders of a state.
#Democracy Is Bifacial
First, however, we need to recognize the fact that modern
democracies are caught in a bifacial*
{D1}
dilemma. Precisely
because they permit political opposition and protect civil liberties, they
enable discontented people, including ethnic minorities, to organize and
press for reforms. Their ability to act is enhanced by modern
organizational methods, leadership techniques, access to powerful weapons
and enhanced information and communication technologies, including the
INTERNET. Moreover, because marginalized minorities embrace the modern
norms of equality and mobility based on class structures and national
identities -- rejecting traditional casteism which consigned them to
inescapable subordination -- they are sure to become increasingly
dissatisfied with the status quo. They will embrace projects designed to
promote radical changes that improve their status.
The other face of democracy opens because of its ability to
identify its critics and adopt policies designed to handle their problems.
Consequently, although ethnic movements can flourish in democracies, it is
also possible for democratic governments to understand grievances and take
steps to resolve ethnic protests by peaceful means. Because they can
respond to public opinion and deal more realistically with serious
problems, democracies are able, in principle, to identify the causes of
ethnic unrest and achieve acceptable solutions to these problems. Thus
democracies can respond to the concerns of people who may not be able to
exercise the rights of citizenship. The design of a constitutional system
may well affect its ability to do this. An excellent discussion of the
problems of diversity and appropriate policies for managing them can be
found in Inglis (1996).
The bifacialism of democracy is also reflected in the
contradictory responses it provokes among its citizens. The beneficiaries
of inequality, those who are rich and prominent, tend to resist changes
that might undermine their high status, while the poor and unfortunate,
blame others and reject their marginalization -- they organize to demand
justice and better opportunities. Whereas ethnic (ascriptive)
differences, based on language, religion, race or ancestry (often mixed
together in various combinations) made inequalities seem inescapable and
just in traditional (caste-oriented) societies, (achieved) differences in
income, prestige, occupation, and places of residence are acceptable in a
modern (class-based) society only when everyone, in principle at least,
has an equal opportunity to acquire these benefits.
Democracies, therefore, face the challenge of making equal
opportunity not just an empty slogan but, indeed, the working basis for
life. They need to open the doors of opportunity for everyone and deal
with the genuine disappointment of those who feel cheated, especially when
their grievances are based on ascriptive characteristics, such as ethnic
differences. In countries under authoritarian or arbitrary rule, the
traditional foundations for sacred authority and legitimate inequality
have crumbled but the modern basis for secular authority and equalitarian
mobility have not been institutionalized. Under the arbitrary and
oppressive rule of dictators, movements for democratization are
increasingly active and it is, therefore, highly relevant and important to
understand which constitutional designs will be most likely to bring peace
and order.
Adding Other Variables
To assess the comparative value of different constitutional
designs, we need to be clear about the differences between the ethnic
problems to be solved and this compels us to take into account a number
of environmental variables: historical, geographical and demographic.
The Demographic/Geographic Variable: in Figure
1, I have identified a spectrum that ranges from National identity to
ethnonational resistance, with intervening categories of virtual and
proto-ethnicity, and ethnic ambiguity. These attitudinal differences are
profoundly affected by one's place of residence. Those who live widely
dispersed among members of different ethnic communities are more likely to
become citizens and accept a National identity, whereas those who live
concentrated in enclaves that have clear boundaries can more easily
reinforce their separate identity and regard themselves as a distinct
ethnic nation. Between these polar types, however, most ethnic
communities find themselves in intermediate situations. Sometimes, members of an ethnic community are grouped in
scattered pockets like villages, urban ghettoes, or zones that lack clear
boundaries but do enable members of an ethnic community to mingle most of
the time with their own fellow-ethnics. Mattei Dogan
(1997, p.73) uses containment to speak of this type of
situation. I suspect that the emergence of ethnic ambiguity and
proto-nationalism is likely to be associated with demographic containment.
By contrast, Dogan refers to ethnic intermingling which occurs,
he writes, when smaller ethnic pockets occur well mixed with pockets of a
different ethnicity. We might speculate that virtual ethnicity and ethnic
ambiguity are more likely to arise under such conditions.
Although we need to visualize these possibilities, no clear
lines can be drawn between them. Moreover, continuous population movements
and cultural changes make them quite fluid. My own experiences of urban
ethnicity in America suggest the co-existence of different patterns among
members of the same ethnic community. For example, many Chinese Americans
live and work in a "Chinatown" district whose shops and restaurants
attract many non-Chinese visitors, but most Chinese in America live widely
dispersed throughout the whole population. My guess is that all patterns
of ethnic containment, intermingling and dispersion can be subsumed, for
political analysis, under the heading of ethnic diversity.
It is only in the more extreme cases, where substantial
enclaves exist and self-identification as an ethnic nation can thrive,
that one can think realistically of ethnic cleavages. A classic example
occurred in former Czechoslovakia where the large and homogeneous Slovak
region was able to gain a non-violent agreement for partition. However,
as the cases of Kosovo and East Timor have recently shown us, the
resistance of citizens attached to the surrounding country can make
partition extremely difficult. When a secessionist nation constitutes the
majority in a federal republic, it can break away more easily, but there
may be a high price because of the ethnic diversity that will prevail in
the new state -- Croatia and Bosnia-Herzegovina provide good examples.
The Historical Variable: differences in the
sequence of events or the causes that have generated multi-ethnic
societies also need to be considered. In principle, ethnicity always
results from migration as one community comes into contact with others.
Massive flights and invasions have taken place for hundreds, even
thousands, of years and these events, like converging tectonic plates,
have generated far-reaching socio-political consequences.
In modern times, the most obvious case involves the movement of
European settlers into the New Worlds (the Americas, Australia and New
Zealand). They displaced indigenous peoples, appropriating their lands and
transforming their life-styles. These displaced peoples have not only been
denied admission to the status of Nationals, but they have rejected
assimilation and, increasingly, demanded autonomy as sovereign peoples.
From this process ethnic cleavages have evolved.
The migrating Europeans were not culturally homogeneous. When settlers
came to power they created new Nations with a dominant cultural character.
However, they were more or less willing to accept other Europeans as
members of a dominant Nation. In the process, however, cultural
distinctions remained and often became a basis for privileging some and
marginalizing others -- hence the pheonomenon of ethnic diversity.
Other Europeans migrated as merchants and conquerors, creating modern
empires and a global economy. Even after de-colonization, some of them
remain as expatriates in foreign lands. More importantly, the imperial
dynamics they launched led to many more migrations of workers, traders,
and functionaries coming from China, India, the Middle East and many other
places. They have become ethnic pariahs, persons without a homeland.
Although typically marginalized politically (though not economically)
it is true that in some countries they have become the dominant majority
and in others they have become affluent minorities. Lacking indigenous
roots nor a home enclave, however, they are usually unable to assimilate
to a Nation nor able to create their own nation -- they survive by
various expedients ranging from revolutionary violence to corrupting
collaboration.
Some have been displaced and become international refugees, while
others have been able to assimilate and become fully accepted citizens in
dominant Nations. J. S. Furnival has well described this phenomenon under
the term, plural society but unfortunately this phrase has been
stretched to refer to any kind of ethnic diversity, or even interest-group
pluralism. We need a more precise term to identify a highly variable but
globally important ethnic phenomenon. I have suggested poly-communal
society.
This term also points to the retention of tribal enclaves in some of
the new states born from the collapsed empires. In such societies it may
be very difficult to generate a new Nation: instead, one of the tribal
communities is likely to dominate the state and other tribes predictably
resist assimilation, asserting their own ethnonational claims to
statehood. They become commingled, to use Dogan's term. In such a context
the ethnic pariahs, often intermingled (in Dogan's sense) among all the
tribes, become a convenient scapegoat -- victims that members of all the
indigenous communities can easily persecute -- though not with impunity,
because they themselves suffer if they destroy these guest workers or
merchants whose services have become economically indispensable. To solve
such problems, some form of power sharing among the elites of rival
communities seems to be a necessary condition for the avoidance of
anarchic fragmentation.
Recognizing the important differences between types of modern ethnicity
paves the way for a consideration of how different constitutional regimes
can handle the problems they create for themselves and for others. Most
importantly, I think, parliamentary regimes are more likely to find
acceptable solutions for these problems than presidentialist
regimes.
A general discussion of the relative problems and merits of these two
types of constitutional system can be found in (Linz, 1990 and 1994).
I shall not review these structural differences here. Let me say, however,
that I use presidentialism* {D4} to identify a
constitutional system based on the separation-of-powers principle. The
propositions offered here are largely based on theoretical considerations
rather than empirical data, although the readily available examples
strongly suggest that parliamentary systems are inherently more capable of
resolving ethnic conflicts than presidentialist regimes. I believe that
case studies and statistical data are both needed to test the validity or
limitations of this theory.
ETHNIC DIVERSITY
Let me focus first on the problems generated by ethnic diversity. To
cope non-violently with these problems, democratic states need to adopt
the most appropriate governmental structures. As noted above, I am
persuaded, contrary to much conventional thinking, that parliamentarism is
more likely to facilitate the accommodation of ethnic demands than
presidentialism.
The easiest way to accommodate the concerns of ethnic
minorities whose members see themselves as citizens is to permit them to
organize politically and secure representation in a legislative assembly.
This is the normal situation involving ethnic diversity. In parliamentary
regimes, executive power is exercised by a cabinet that is continuously
subject to review by parliament and can, therefore, be expected to be
sensitive to the needs of minorities, especially those that have
parliamentary representation.
By contrast, in presidential systems, the executive power is exercised
by one person, a president elected independently of the congress and not
vulnerable to discharge by a parliamentary vote of no confidence. No
doubt, during electoral campaigns candidates for the presidency often seek
support from minority communities and promise to adopt policies favorable
to their interests. However, once in power, it is difficult to sustain
this sensitivity and presidents are likely, I think, to be more interested
in major issues that concern the majority communities, especially the most
powerful interests whose financial support they need in order to win
elections. A widely held myth holds that a president, as head of state,
serves a unifying function, representing the polity as a whole, not just
factions or parties. Even if it were possible for presidents to commingle
reliably the ceremonial and executive functions, the fact that
non-nationals are effectively excluded from the electoral process means
that they cannot perform this function as well as hereditary monarchs 4 A striking example is the King (or Queen) of
England whose unifying role for the Crown Fiefdoms and Dominions of the
British Commonwealth survives -- it is inconceivable that an elected
"president" could ever match this achievement. Another concrete example
occurred in Japan during its postwar Occupation: General Douglas
MacArthur and his staff recognized that, despite their strong hostility to
the Emperor, he could not be replaced by an elected president without
truly disruptive consequences.
No doubt in presidentialist democracies, it is possible for
minority communities to organize themselves as interest groups, to lobby
elected representatives and make political contributions. However,
impoverished minorities can scarcely expect to win the same benefits for
themselves that having their own elected representatives could provide.
Moreover, even when minority members are elected to a legislature, they
are likely to find that their concerns and demands are ignored. Without
having the kind of voice in the executive branch that coalition cabinets
provide in parliamentary regimes, minority members of the legislature in
presidentialist systems are likely to become frustrated and embittered.
By contrast, parliaments are much more able both to represent minority
interests and to serve as the unifying symbol of a state.
Proportional Representation
Ethnic minorities in all countries encounter serious obstacles
to success in their efforts to secure political representation, especially
when only one candidate per district can be elected. Even when the major
political parties earnestly seek minority votes and promise benefits in
return, they are typically unwilling to nominate members of small ethnic
communities to stand for election. Understandably, they expect members of
the majority community to be more likely to succeed, especially in
single-member districts. 5 Moreover,
successful candidates necessarily give priority to the interests of the
majorities whose support made their victories possible -- this gives them
little incentive to pay much heed to the claims of minority communities.
No doubt the outcome can be different when one of the various
forms of proportional representation (PR) is used. There are many ways to
manage PR systems, and some are more conducive to desired outcomes than
others, but all such schemes offer minorities the possibility of winning
some political representation, especially when electoral districts have a
substantial number of seats to fill.
Of course, this is not an automatic outcome. If members of a
community are divided internally and vote for rival candidates, their
ability to gain representation can be seriously jeopardized. Moreover,
when ethnic solidarity is weak because members of a community give higher
priority to non-ethnic criteria, they also lose power. Demographics also
affects the outcome -- for example, if a community numbers only ten
percent of a district's population, it has little chance of winning a seat
if the district can elect less than ten representatives. This liability
can be overcome in part if two or more communities form a coalition that
can secure a large enough vote to elect a member, or an ethnic party
broadens its appeal to attract support from members of other ethnic
communities. Such possibilities may favor conciliatory candidates or
parties willing to make concessions in order to broaden their electoral
base, but the result may also be that central concerns of an ethnic
minority have to be compromised.
An unintended benefit of PR may arise from the incentives it
gives small ethnic communities to form alliances with other minority
groups. When members of these groups are not citizens but are eligible
for naturalization, an activist minority may help them seek citizenship in
the hope that they will then be able to achieve a large enough vote to
secure representation in the legislature. Thus it seems reasonable to
assume that PR will not only increase the political power of minority
communities but also enlarge the body of citizens recruited from other
minorities.
The Constitutional Context
For proportional representation to provide an effective means
for empowering ethnic minorities, however, we need to take into account
the dynamics of the constitutional system. Clearly, I think,
parliamentary regimes can benefit from electoral proportionality. This
applies especially to states that do not follow the Westminster model in
which single-member districts prevail, leading normally to a two-party
system. Although third parties may play an important role in such
systems, they normally require support from a large percentage of the
voters, thereby weakening the voice of dispersed ethnic minorities.
In multi-party parliamentary states, however, where no single
party can control a majority of votes in parliament, coalition governments
are normal. In such governing coalitions, minority parties often hold
seats. Because their continuing support is necessary in order for a
cabinet to stay in power, even a small minority party can exercise
substantial influence. Of course, this by no means gives any ethnic
minority the assurance that its special needs and concerns will be
satisfied. However, it does provide political leverage and it can lead
members of an ethnic community to feel safe and to gain support in the
making of public policy. The prospects for power-sharing or
consociationalism are much greater in parliamentary regimes with
multi-member electoral districts and proportional representation than they
are in those with single-member districts and two-party systems. An
additional distinction may be made between power-sharing systems on the
basis of the degree to which minority groups exercise a veto power. In
some usages, consociationalism involves a strong form of power-sharing in
which veto rules apply -- one manifestation of this principle can be found
in the U. S. Senate where individuals strongly opposed to a measure have
the right to delay action by a filibuster that, in effect, can block
passage -- of course, the most familiar example of how the veto power can
be exercised is in the United Nations Security Council. These
distinctions raise questions that I cannot discuss here. Moreover, these
are just theoretical arguments, but they do provide a basis for expecting
that, in parliamentary regimes, many of the problems generated by ethnic
diversity can be solved through the normal processes of democratic
government.
It is more difficult, I believe, to achieve such solutions in
democracies governed by a separation-of-powers constitution. That is
because proportional representation is likely to be counter-productive in
such systems, and I doubt that real power-sharing or consociationalism is
possible under presidentialist rules. In these systems, the president
chooses a cabinet composed of non-members of the assembly, and minority
members in a congress are rarely included in any Government. Presidents
must enhance their prospects for success by nominating cabinet members
likely to win support from the dominant majorities in congress. Because
they are not themselves members of the legislature, they need to rely on
persuasion and external pressures to win legislative support.
Consequently, representatives of permanent minorities in a congress may
find that all they can do is to protest and vote "no". By doing so,
however, they weaken the ability of a congress to reach agreements.
Moreover, by increasing the size of the mainstream majority that is
required in order to enact a law, they undermine the legislative power in
its relations with the president. Consequently, having representatives of
a permanent minority in the congress increases the risk of
executive/legislative gridlocks. Although this might lead to almost
permanent deadlocks, my guess is that more often the risks of such a
problem lead presidents, with strong military and elite support, to enance
their powers and ability to dominate the congress, often by means of
shrewd exercise of patronage or through a hegemonic party.
The validity of these propositions can be tested empirically
since there are quite a few presidentialist regimes, especially in Latin
America, where various PR 6 systems have been
adopted. In all of them, I believe, catastrophic regime breakdowns have
occurred, leading to authoritarian rule, a result that can scarcely be
advantageous for minority communities. Although single-member districts
and two-party systems by no means assure democracy in a
separation-of-powers regime, I believe the data will show that success in
such regimes is much more likely when there are two major parties.
However, even a two-party system may fail if it is highly
polarized -- which is to say, if each party has extremist goals that are
incompatible with the aspirations of its political rival. The prospects
for success in two-party systems increase when centripetal forces are
strong, leading each party to move toward the political center, seeking a
middle road. When both parties agree on their main goals and differ only
about policies that concern instrumental means, they may be willing to
accept bi-partisan compromises. The likelihood that a two-party system
will be centripetal is enhanced when there are no deep splits between
rival groups in society -- in short, when profound social conflicts based
on class or ethnicity do not exist.
The American Exception
The success of presidentialist regimes depends, therefore, on
the existence of considerable ethnic homogeneity. The American experience
may be mentioned as an apparent exception. Despite ethnic diversity, most
immigrants experience Americanization and, indeed, have sought to join the
mainstream of middle-America as soon as possible. The caste to class
transformation that led, historically, to the definition of the American
Nation as composed of Whites at the expense of non-Whites was, I think,
reinforced by the political reality that the viability of the
separation-of-powers constitution hinged on the centripetal forces that
pulled the two major parties toward the political center. I do not know
if members of Congress were aware of this dynamic, but resistance to the
acceptance of racial minorities as Americans surely facilitated the
survival of a highly precarious constitutional system. In virtually all
other countries where the presidentialist system has been established,
constitutional break-downs have occurred, sometimes quite often. I
attribute this to the fact that where PR was used, a multiplicity of
parties truly hampered the ability of Executive-Legislative agreements to
be reached, and even in the countries with only two parties, the
centrifugal forces were so strong that agreements within the Congress
itself were also seriously obstructed.
A related factor arises from the tendency of many eligible
citizens in the U.S. not to vote. Although this alarms idealists who think
a high turnout at the polls is necessary for democracy to work, it may
actually contribute to the survival of the American system. It means that
those who do vote are "middle Americans," they are middle class people who
share most of the values of "Americanism." In other presidentialist
regimes electoral turnout has often been much greater, sometimes enhanced
by compulsory voting. The result, however, has been greater polarization
of politics and increased centrifugalization. Although this has increased
representation for minorities and the poor, it has hampered the ability of
Congresses to make decisions and provoked more severe inter-branch
conflicts.
By contrast, parliamentary regimes can more easily accommodate
themselves to ethnic heterogeneity. This is especially true where
multi-party systems prevail, provided they are not excessively polarized.
Having a moderate number of parties as participants in coalition
governments provides an opportunity for several kinds of cleavage to
co-exist, including significant ethnic differences. This means that
parliamentary systems are able to use proportional representation and
multi-party districts in a way that enhances the prospects for survival of
democracy and does not undermine it, as PR does in a presidentialist
regime. Statistical evidence for the ability of parliamentary systems to
outlast presidentialist regimes is provided by Przeworski (1996)7
If this is true -- and more research is needed to establish its
validity -- then we may conclude that presidentialist regimes are more
vulnerable to the controversies due to ethnic diversity than
parliamentarist regimes, and also less able to manage them effectively. It
follows that new states with multi-ethnic populations that want to
establish viable democratic governance are more likely to succeed if they
adopt parliamentary rather than presidentialist institutions. However, if
this choice is foreclosed because a state is already committed to
presidentialism, then it needs to pay special attention to the rules and
institutions that can handle ethnic controversies under more unfavorable
conditions. To understand this relationship we need to look at some of the
most important variables, including those that produce unexpected results.
Some clarification of these conditions can be obtained by a
deeper analysis of the way the American presidentialist system has worked.
On the basis of the arguments offered above, apparent success of the
United States seems hard to explain. Why, indeed, has the U.S. system been
able to succeed not only in the sense of surviving for over two centuries,
but also in its capacity to handle continuing, perhaps even growing,
problems caused by ethnic diversity? I believe there are plausible and
specific reasons but to discuss them here would require more space than is
available. However, in an earlier essay, I have spelled out some of these
unique circumstances that make the American experience understandable.
Riggs, 1994a
The other exceptional case is that of the United Kingdom where,
under the Westminster model, a two-party system has prevailed.
Undoubtedly the Westminster model, as adapted to the circumstances of many
countries, both inside and outside the Commonwealth, that have been deeply
influenced by the British experience, also needs to be critically
examined, but I cannot do that here. However, there is a substantial
literature that looks at the way the Westminster model has evolved outside
the UK that could be studied to test prepositions about why this model has
worked as well as it has in one country and what revisions in that model
were adopted to enable it to work better in deeply divided multi-ethnic
societies. However, it goes beyond the scope of this paper to explore
this question here.
ETHNIC NATIONALISM
Mobilizing ethnonational communities
in many countries are, increasingly, demanding the right to secede and
govern themselves. Conflicts provoked by ethnic cleavages differ so much
from those due to ethnic diversity that they call for a radically
different response. The latter involves finding ways to bring ethnic
communities into the main stream of democratic politics, whereas the
former requires a state to release control over a community and giving it
the right to govern itself. The difference between releasing and
embracing a community has radical implications for the structure of a
democratic polity.
Moreover, I'm persuaded that it is easier for parliamentary
systems to do both, but the case is not so clear-cut for handling ethnic
cleavages as it is for responding to ethnic diversity. The democratic response to ethnic diversity, as shown above,
involves the application or rules, like those for proportional
representation, that empower ethnic minorities within the established
political system. It is much easier for a parliamentary democracy to do
that than it is for a regime based on the separation-of-powers. By
contrast, the problem facing a regime confronting revolts based on ethnic
nationalism involves letting go, permitting the community to govern
itself, even though that may involve making decisions that contravene
established principles of the host country.
I say host country here because, to the extent that
ethnonationalists occupy enclaves located within the boundaries of a
state, they resemble guests whose activities are bound to affect their
hosts. It differs significantly from the situation of nationalists living
in exclaves outside the boundaries of a country -- for them to become
independent creates far fewer problems for the state from which they are
separated, and they are able to manage their own defense and foreign
policy. By contrast an autonomous enclave (I shall call it an
autonomy) can cause serious problems for its host country when it
tries to make its own defense and foreign policy decisions. That is why,
in most cases, the best solution involves autonomy rather than
independence.
Advantages of Autonomy. Establishing an
autonomous enclave within a state can actually be quite advantageous. It
can save money and, at least potentially, prevent the violence, costly
litigation, and bitter controversies that accompany ethnonational
movements. An autonomy can administer its own domestic affairs
and make all the important decisions that affect the life of its people,
something that can significantly reduce the administrative and legal costs
that are otherwise borne by the state.
Autonomy may also reduce costs attributable to the increasingly global
character of ethnic communities. since the rise of the INTERNET, be
actively involved in global communications. Its citizens may travel freely
and be able to trade internationally by virtue of agreements covering
freedom of movement and trade, and of course they can become active in
polital movements that cross state lines -- as seen in the Unrepresented
Nations and Peoples Organization UNPO, mentioned above. Allies of each
ethnic nation located abroad may also be able to bring pressures to bear
on a state accused of abusing one of its minority communities. Permitting
ethnic autonomies to govern themselves may well mitigate these pressures
and, again, be advantageous for the host country. Some Examples. Democratic regimes
differ, historically, in their willingness and ability to accept
autonomous regimes within their territorial boundaries. Looking at some
leading examples, it strikes me that the successful cases involve
parliamentary systems, while continuing disputes persist in
presidentialist regimes. Among the parliamentary regimes, consider the
following cases:
An early example is the North America Act of 1867 whereby the
British Parliament granted dominion status and full self-government to
Canada, and this example was followed when Australia, New Zealand and the
Union of South Africa also received dominion status with full
self-government. In Finland, the Swedish-speaking Aland islands enjoyed
expanding autonomy, culminating in 1988 in majoritarian parliamentary
self-rule. The Danish government granted autonomy to Greenland in 1979,
and the Faroe Islands have also become self-governing -- both of these
island territories also have their own languages. Admittedly these
decisions involved exclaves rather than enclaves, but they were all
accomplished without violence. No doubt other imperial possessions had to
fight for their independence, but these examples who that it was possible
for a parliamentary regime to surrender power to a dependency without
violence.
As for enclave nations, we may point out that, in Canada
itself, in 1991, Parliament approved a law granting the Inuit peoples
self-government, subject to acceptance of the plan by the residents of the
new Nunavut Territory. They endorsed the arrangements by a referendum
held the following year. In Spain, autonomy statutes have been approved,
following regional referenda, in 19 regions, including notably the Basque
and Catalan provinces. Each has its own elected assembly which chooses a
regional president.
Belgium has created three self-governing regions to accommodate
rival ethnonational aspirations in Dutch-speaking Flanders,
French-speaking Wallonia, and bilingual Brussels. In Scandinavia, Sweden
has established self-government for its Saami community, and Norway has a
Saami assembly for its Laplander population. The leading example of an
East European democracy confronting ethnonational claims for independence
was Czechoslovakia which authorized partition of the country in 1993.
Viewed in terms of arrangements for autonomy within a country,
the British case is exceptionally interesting and complex. Most
surprisingly, the crown fiefdoms of the Channel Islands and Isle of Man
have self-government outside the jurisdiction of Parliament, under the
jurisdiction of the sovereign. As fiefdoms, their status is old and long
antedates the rise of modernity. Ten or so small island colonies remain
in the British empire, and virtually all of them have self-government.
More importantly, the major components of Great Britain itself, have moved
toward autonomy, with the Scottish Parliament. Established by the
Scotland Bill, December 1997 and the next year Parliament passed the
Government of Wales Act 1998, which established the National Assembly for
Wales. An apparent exception might be Northern Ireland where
inter-communal strife has prevailed for many years. However, in this case
the obstacles to peace have arisen at the local level between contending
parties within Ulster -- both the Irish and British regimes have agreed to
a compromise settlement which appears now to be starting to work.
Presidentialist Obstacles. By contrast,
presidentialist regimes have found it much more difficult to accept
arrangements which grant autonomy to ethnonational enclaves. Although
many indigenous peoples live in Latin America and a variety of more or
less extreme nationalist and guerrilla movements have risen among them, it
has been extremely rare to find cases where autonomy has been authorized.
In Mexico, the Zapatista movement, in the state of Chiapas, has waged a
continuing struggle with the regime since 1994. Despite a number of
cease-fire agreements, a stable resolution of this conflict has not been
reached.
In the Philippines, the most notable example of ethnonational
movements can be found among the Moros in Mindanao. A less known struggle
is taking place in the Mountain Province where the Cordillera Peoples
Alliance seeks to unite the Igorot people to fight for self-rule. In all
these cases, however, it seems to be extremely difficult to reach
agreements that legitimize any kind of autonomy for these minority
nationalities.
In Russia, problems involving the Chechen demand for independence or
full autonomy remain unresolved. The presidentialist regime in Georgia
has been unable to reach agreements for autonomy in the separatist regions
of Abkhazia and South Ossetia. In Romania, The American Exception Again. By
contrast, in the United States many "first nations" have been recognized
and exercise autonomy on the basis of peace treaties entered into after
they were defeated in war or made peace to avoid war. They administer
self-governing enclaves within the boundaries of the United States.
However, the fact that their status depends on treaties provides a telling
clue to explain why these arrangements are exceptional in presidentialist
regimes.
It would, I think, have been very difficult to secure
Congressional support for legislation authorizing the creation of
autonomous enclaves within the U.S. The pattern of colonization of the
country in which many wars were fought with different indigenous
communities led, at various times, to treaties in which the sovereignty of
the tribes was recognized and they were allotted tracts of land.
Without pretending that these settlements were just or that the
resulting pattern of self-government within "reservations" is satisfactory
to the communities concerned, it is true that they provided some degree of
autonomy and self-government. Moreover, a point that is usually ignored
is the constitutional basis for these arrangements. Self-government by
indigenous peoples in America was made possible by the constitutional
provision, Article VI, #2, which recognized treaties, made by the
President with the support of a two-thirds Senate vote, as part of the
country's "supreme law."
A decisive historical preconditions was the recognition of the
sovereignty of natives tribes before the treaties were signed. Of course,
communities whose sovereignty was not recognized could not make treaties
and therefore did not benefit from this practice. As a contemporary
example, consider the situation of the Hawaiian community, peoples who are
descendants of a monarchy that had international recognition during the
19th century. It was overthrown in 1893 by a coup led by
settlers who, five years later, were able to persuade the U.S. government
to annex the islands.
Many Hawaiians today are active in a sovereignty movement that
has not yet gained official recognition. The fact that non-Hawaiians now
constitute a majority of the population in the islands, and the complexity
of the presidentialist system, both conspire to keep the U.S. government
from approving a form of autonomy that would, I think, have been quite
feasible under a parliamentary regime. The Canadian decision to establish
Nunavut may be mentioned as an example. The State of Hawaii has moved to
recognize Hawaiian claims by establishing an Office for Hawaiian affairs
that has significant influence and resources -- it's Board of Trustees is
elected by citizens having Hawaiian ancestry -- for details see:
OHA
. Ironically, a
non-Hawaiian is challenging before the Supreme Court -- Rice vs.
Cayetano -- the constitutionality of restricting the right to vote for
members of the OHA to ethnic Hawaiians -- see:
Hawaiians Thus an agency
that offers some kind of limited self-administration to an ethnonation in
the U.S. is now under attack in the name of equalitarianism.
On its face, the cases mentioned above provide empirical
evidence that parliamentary regimes have been more able than
presidentialist ones to offer autonomy to ethnonational enclaves. Is this
just an historical accident, or are there logical reasons for this
difference? I believe that there are and will mention several
possibilities: the constitutional consent formula, the locus of
decision-making, the prospects of confederalism and the bureaucratic
factor. Let me take up each in turn.
The Constitutional Consent Formula
To exempt any part of a country's domain from the normal
political processes of any democratic polity requires some kind of
constitutional decision. This is not just a matter of making a law, but
involves enabling those living within an enclave to be immune from the
laws of the land, and to create their own special rules. In a
presidentialist regime, this involves gaining support for such an
exception not only from the chief executive but also from the legislature,
the supreme court, and perhaps from the population at large by means of a
constitutional amendment. These are high hurdles -- the establishment of
zones of autonomy for indigenous communities in the U.S. was possible, I
believe, only because such decisions could by-pass normal political
procedures because they were covered by the special status accorded to
treaties.
In parliamentary regimes, by contrast, parliaments have the
ultimate authority to make decisions, including fundamental laws that have
constitutional significance. Although there may be restrictions on how
such fundamental laws can be enacted, the fact is that it is normally much
easier to achieve basic constitutional changes in a parliamentary system
than in a regime based on the separation-of powers.
The Locus of Decision-Making
In presidentialist regimes the separation of powers empowers
the legislative branch to micromanage public policy making. By contrast,
under parliamentary rule, the fusion of powers results in the exercise of
these powers by a cabinet, subject to parliamentary approval. While
holding the executive accountable, this process also means that it is
possible to process a large number of decisions in a coordinated way,
linking powerful senior career officials with politically responsible
cabinet members in a way that can place the national interest above the
particularistic interests of locally-elected legislators.
With reference to decisions affecting the establishment of
self-governing enclaves, it seems clear that under presidentialist rules,
members of congress from districts or provinces that might be adversely
affected by such decisions will be attracted to congressional committees
authorized to evaluate them, whereas, of course, ethnonational minorities
will be unable or unwilling to elect representatives to a congress to
participate in such committees. The presidentialist system, therefore, is
structurally driven to give the decision-making power affecting the fate
of unrepresented ethnic nations to committees that are, inherently, biased
against their interests. Most legislative committee members will oppose
self- government for indigenous peoples because they abridge the
opportunities for patronage that would otherwise be available to them.
By contrast, in parliamentary systems, a cabinet supported by
generalist bureaucrats is more likely to adopt a National rather than a
purely local perspective, and it may even see that it is advantageous for
the Nation to allow non-Nationals to govern themselves. In exchange for
the surrender of direct authority over an enclave, the regime avoids the
political costs of perpetual conflict with its people and reduces the
administrative expenses involved in efforts to enforce unacceptable laws
on a rebellious minority. Moreover, the surrender of direct rule does not
necessarily mean the loss of influence. The people living in any enclave
will surely want to engage in external relations involving trade, travel,
and communication and they will need help in many ways from their host
country. In exchange for this external assistance the host state may
legitimately make reciprocal demands that promote harmony between the two
jurisdictions.
The Prospects of Confederalism
Although the distinction between
federalism and confederalism has been blurred in popular usage, an
important point needs to be stressed here. In a confederal system,
political units that retain their autonomy unite in order to achieve
shared goFigure 1:
The Spectrum of Ethnicity
#PART TWO
DEALING WITH ETHNIC CONFLICTS