Constitutionalism in the Western
political tradition does not mean—as it does in my
own country, Russia—simply having a written
constitution, regardless of its content. Rather,
true constitutionalism requires the limitation of
government by law. A government can be considered
genuinely constitutional only if it operates under
the following minimal constraints: (1) The
legislature cannot be dismissed by any body or
person other than itself. (2) The courts are
independent of the legislative and executive
branches. (3) The executive branch cannot appoint
ministers without the approval of the legislative
branch. (4) Only the legislature can pass laws.
It is not easy to find
indications of such constitutionalism in my
country. Our legislative branch, the Parliament,
was dissolved in October 1993 by presidential
decree. And for those who did not fully understand
or immediately agree with that decree, some quite
convincing tank shells were fired on the
Parliament building. Russian courts are probably
independent of the legislative branch, but they
are completely subordinate to the executive.
Ministers are simply appointed by the president.
And while it is true that the legislature formally
makes laws, the fact is that in the last seven
years, there has not been a single executive
desire that the Parliament has not passed into
law. Thus it is not quite right to say, as some
do, that constitutionalism is failing in Russia.
In truth, Russia has yet to attempt it.
Why is this important? The
answer is simple: constitutionalism is the best
way, the most efficient way, and in fact the only
way, to secure freedom.
“Freedom is not a luxury”
It is always worth pausing to
refresh our memories—as well as the memories of
our friends, colleagues, and even our
adversaries—concerning the reasons why freedom is
better than non-freedom.
Freedom is not a luxury. It is a
very powerful instrument, without which no person
and no country in the world can have sustained
prosperity, security, development or respect. Free
countries are certainly more prosperous than
non-free countries. The Heritage Foundation’s
Index of Economic Freedom, the Fraser
Institute’s Economic Freedom of the World,
and Freedom House’s Freedom in the World
all provide overwhelming evidence that
economically and politically free countries are
much richer than non-free countries—with a
GDP
per capita, on average, between $28,000 and
$30,000, compared to approximately $4,000 per
person in non-free or repressed countries.
In addition, the economies of
free countries grow faster. During the past 30
years, completely free countries doubled per
capita income, and partially free countries
increased per capita income 40 percent on average.
By contrast, non-free countries reduced
per capita income roughly 34 percent. Over the
same period, several countries changed their
status from political freedom to political
non-freedom, and others from political non-freedom
to political freedom. The former change leads
inevitably to economic degradation, resulting in a
negative GDP
per capita growth rate. The transition from
non-freedom to freedom, on the other hand, speeds
up economic growth, resulting in a
GDP
per capita growth rate higher than the world
average.
Freedom also provides security.
This is true for external security, because
economically and politically free countries are
less likely to fight each other than are non-free
countries; it is also true for domestic security,
as free countries usually have lower mortality
rates from violent crime committed by criminal
gangs or by the government. Compare the United
States, Western Europe, Canada, and Japan on the
one hand, and non-free countries like Rwanda,
Afghanistan, Iraq, Somalia, and North Korea on the
other. Which countries are more secure? Where is
the life expectancy higher? Where is there a
greater risk of robbery, kidnapping or murder?
Related to this, freedom
enhances economic, political and military
strength. Let’s compare countries with similar
population sizes but different levels of freedom.
Which are economically more powerful? Spain or
Sudan? Australia or Syria? Belgium or Cuba? Canada
or Myanmar? The Netherlands or Zimbabwe? Taiwan or
North Korea? Finland or Libya? Freedom also leads
to greater international respect: Which of these
countries is considered more attractive and more
respected in the world? To which do people
immigrate? From which do people emigrate? People
vote for freedom with their feet.
The lack of freedom, on the
other hand, creates an insurmountable barrier to
prosperity and economic growth. For instance,
there are no examples in world history of non-free
countries that in a sustained way overcame a
GDP
per capita barrier of $15,000. Countries that have
been able to cross this barrier did so only when
they became free, politically and economically.
Spain, Portugal, Greece, Taiwan, South Korea and
Chile are among the best known examples of such a
transition. Relatedly, countries that were rich
but became non-free, also became poor—even
oil-exporting countries in years of high energy
prices. In Iran, Venezuela, Saudi Arabia and Iraq,
the GDP
per capita today is lower than it was three
decades ago, by 10, 30, 40 and 80 percent,
respectively. The lack of freedom always destroys
wealth.
The Destruction of Freedom in
Russia
The story of the destruction of
freedom in my own country, Russia, is sad. But
this story should be told, should be known, and
should be remembered—to avoid repeating it and in
order one day to reverse it.
First, there was an assault on
the people of Chechnya. Many Russian people
thought that it was not their business to defend
the freedom of the Chechen people. People in
Chechnya lost their independence, their political
rights and—many of them—their lives. Many Russians
lost their lives as well.
Then there was an assault on the
Russian media. This time many Russian people
thought that it was not their business to defend
the freedom of the media. As a result, the media
lost its independence—first television channels,
then radio stations and newspapers. And now the
censors are turning their attention to the
Internet.
Then there was an assault on
private business. Many Russian people thought that
it was not their business to defend the freedom of
private business. So private business has lost its
independence and has become subjugated to the
caprice of the executive power. This has been
accomplished through so-called PPPs or
public-private partnerships, but it would be more
correct to call what is happening CPC—coercion
of private business by the corporation in power.
Then there was an assault on the
independence of political parties. Many Russian
people thought that it was not their business to
defend the independence of political parties. As a
result, independent national political parties
ceased to exist.
Then there was an assault on the
independence of the judiciary. Many Russian people
thought that it was not their business to defend
the independence of the judiciary. Now, there are
no more independent courts or judges in Russia.
Then there was an assault on the
election of regional governors. Many Russian
people thought that it was not their business to
defend free elections of regional governors.
Today, regional governors are appointed by the
president, and there are no more independent
regional authorities in the country.
Then there was an assault on the
independence of non-governmental and religious
organizations. Finally, some people tried to
defend the freedom of these organizations, but it
was too late. And now even those who want to
resist have neither the resources nor the
institutions required to fight back.
As a result, Russia has ceased
to be politically free. For 2005, Freedom House’s
Freedom in the World ranks Russia 168th
out of 192 countries. Transparency International’s
Global Corruption Report ranks Russia
126th out of 159 countries. The World Economic
Forum calculates that Russia is 85th (among 108
countries) in avoiding favoritism in government
decisions, 88th (also of 108) in its protection of
property rights, and 84th (of 102) when measured
by the independence of the judicial system. The
Russian government could form another
G-8 with
countries that destroyed the fundamental
institutions of modern government and civil
society as quickly as it did over the past 15
years by partnering with Nepal, Belarus,
Tajikistan, Gambia, the Solomon Islands, Zimbabwe
and Venezuela.
What is the Russian government
doing now, when it has destroyed freedom and
achieved next to full control over Russian
society? Is it stopping its assaults? No. It
continues them, both within and beyond Russia’s
borders. Inside the country, the government has
started a campaign against human rights. It has
created and financed detachments of storm
troopers—the movements “Nashi” (“Our Own”),
“Mestnye” (“Locals”), and “Molodaya gvardiya”
(“Young Guard”)—which are being taught and trained
to harass and beat political and intellectual
opponents of the current regime. The days for
which these storm troopers are especially trained
will come soon—during the parliamentary and
presidential elections in 2007 and 2008.
Beyond Russia’s national
borders, the government provides economic,
financial, political, intellectual and moral
support to new friends: leaders of non-free
countries such as Belarus, Uzbekistan, Venezuela,
Myanmar, Algeria, Iran, and Palestinian Hamas. At
the same time, Russia is attempting to destroy
hard-won freedom and democracy in neighboring
countries. Ukraine, Moldova and Georgia find
themselves in a new cold war as Russian
authorities pursue hostile policies involving
visas, poultry imports, electricity, natural gas,
pipelines, wine, and even mineral water. The
Russian government has just started a full-scale
blockade of Georgia. Meanwhile, the
state-controlled Russian media has launched a
propaganda war against Ukraine, Moldova, Georgia,
the Baltic countries, Europe and the United
States.
What do non-free countries have
in common? What unites such disparate countries as
Nepal, Belarus, Tajikistan, the Solomon Islands,
Gambia, Venezuela, Zimbabwe, North Korea, Sudan,
Turkmenistan, Cuba, Myanmar, and yes, now Russia?
Only one thing: war, in which governments take
away property and destroy society, in which they
send people to camps or kill them solely because
they have a different perception of the world, of
faith, of law, and of their homeland. Only through
hatred, fear, and electoral violence can these
governments hold on to what is dearest to
them—absolute power.
Without freedom there can be no
open discussion of topics of national and
international importance. There is an exclusion
from public life of conversation about the most
important matters. This primitivizes public life,
degrades society, and weakens the state. The
politics of non-freedom is the politics of public
impoverishment and of the retardation of the
country’s economic growth.
The greatest practical lesson of
Russia’s recent history is that freedom is
indivisible. The failure of freedom in one sphere
makes it harder to defend freedom in other areas.
Likewise, the fall of freedom in one country is a
blow to global freedom. The inability to defend
freedom yesterday comes back to haunt us at a
great price today and perhaps an even greater
price tomorrow.
Looking Ahead
What position should the United
States and other free countries take regarding
Russia’s growing internal authoritarianism and
external aggression? There was a real opportunity
over the last several years: Concerted efforts by
the West could have slowed significantly, if not
stopped, the degradation of freedom in Russia. But
nothing was done. One of the West’s last chances
was to deny access to its capital markets for the
sale of assets stolen from the large private
company Yukos; but this did not happen, and the
sale of those assets occurred at the Rosneft
IPO
on the London Stock Exchange. The July 2006
G-8 summit in
St. Petersburg could also have been used to
emphasize the clear distinction between leaders of
the free world and those of non-free Russia. But
in the end, nothing was done.
As I wrote in the Washington
Post in April 2006:
The
G-8 summit
can only be interpreted as a sign of support by
the world’s most powerful organization for
Russia’s leadership—as a stamp of approval for
its violations of individual rights, the rule of
law and freedom of speech, its discrimination
against nongovernmental organizations,
nationalization of private property, use of
energy resources as a weapon, and aggression
toward democratically oriented neighbors.
By going to St. Petersburg,
leaders of the world’s foremost industrialized
democracies will demonstrate their indifference to
the fate of freedom and democracy in Russia. They
will provide the best possible confirmation of
what the Russian authorities never tire of
repeating: that there are no fundamental
differences between Western and Russian leaders.
Like us, Russia’s leaders will say, they are
interested only in appearing to care about the
rights of individuals and market forces; like us,
they only talk about freedom and democracy. The
G-8 summit
will serve as an inspiring example for today’s
dictators and tomorrow’s tyrants.
The West squandered both of
these opportunities. None of the
G-7 leaders
had enough courage to raise the issues of freedom
and democracy, or to discuss the principles of
true constitutionalism and their absence in
Russia. Everyone pretended that nothing special
was going on in Russia. Indeed, the
G-7 leaders
agreed de facto with the Russian
authorities’ approach to energy security. Instead
of liberalizing and privatizing energy assets,
Russia is moving in the opposite direction both
internally—by nationalizing private companies and
asserting state control over the electricity grid
and pipeline system—and internationally, by using
non-market methods to manage supply and even
demand for the world’s energy resources.
Several months after the summit,
the bill for this policy of appeasement is due.
Now the Russian authorities are revoking the
licenses of American and British energy companies
in Sakhalin. BP has found itself under pressure to
exchange its partner in TNK-BP in favor of the
government-owned Gazprom. Otherwise, it will not
have a chance to explore the giant Kovykta gas
field in eastern Siberia. The billion dollars it
spent on the purchase of Rosneft shares in July
2006 did not help BP much. And there is no doubt
that, after the G-8
summit, the free world can expect more of the
same. In truth, it should consider itself in a new
Cold War-like era.
* * *
Let me conclude these remarks
with words spoken by Winston Churchill about
another great war for freedom:
I would say to the House, as I
said to those who have joined this government:
“I have nothing to offer but blood, toil, tears
and sweat.” We have before us an ordeal of the
most grievous kind. We have before us many, many
long months of struggle and of suffering. You
ask, what is our policy? I can say: It is to
wage war, by sea, land and air, with all our
might and with all the strength that God can
give us; to wage war against a monstrous
tyranny, never surpassed in the dark, lamentable
catalogue of human crime. That is our policy.
You ask, what is our aim? I can answer in one
word: It is victory, victory at all costs,
victory in spite of all terror, victory, however
long and hard the road may be; for without
victory, there is no survival.
That war for freedom was won. We
may yet win, indeed we must win, this current war.
But to win, we must work together.