Role Of Non-Governmental Organization In The Promotion And Protection Of Human Rights

1.0 Introduction
1.1 Background To The Study
The increasing number and participation of NGOs in both domestic and international policy making in recent times has made it imperative to define them and differentiate them from international organisations and other non-state actors. In fact, the multitude of NGOs and the variety of causes and concerns that they promote have even made it more complicated to define them. Attempts aimed at providing a definition ended up describing them through their various activities and involvements. Some have hitherto argued that it is often better to define NGOs by describing their roles and function in the society. But this argument is flawed because the role and function of NGOs is neither defined in any statute book of international law nor set out in any official document; moreover, most NGOs arrogate roles to themselves based on their interests and concerns. Unlike international organisations which are focused and defined by their articles of agreement or the charters that constitute them, NGOs are primarily individual initiatives that are not essentially constituted in law, but which in response to their proliferation and undeniable input in the society, the law has come to conceptualize and accommodate them as a social imperative which cannot be overlooked. In international law, recent scholarship has focused on the legal personality of NGOs and the consideration that is uppermost is their official recognition as actors in many international treaties and conventions. The EU convention on the recognition of their legal personality constituted a remarkable effort to facilitate the work of International Non-Governmental Organisation (INGO) at the regional level and also represents a subtle acknowledgment of NGOs’ contribution to state, interstate and regional policy making and this partnership has continued to expand on all fronts.

The term ‘NGOs’ is a modern term used in describing age old charitable and community organisations which have been in existence in history, but which today have taken various shapes and dimensions that they are no longer just charitable organisations. Apparently then, the concept of NGOs may be said to be a modern phenomenon. The term NGO is a privative concept in the sense that they exercise some privity by their non-alignment with any national government in respect of their foundation, establishment and activities. By ascribing ‘non- governmental’ to the organisations, it merely designates them as groups not affiliated to any government or not under the influence of the government, and nothing more. But NGOs as we understand them mean much more than that. This explains why the NGOs themselves are not very supportive of that acronym. In most cases, they prefer to be referred to as civil society groups or civil rights movement. Perhaps the reason for that term NGO was an attempt to differentiate them from states which are the official actors in the Westphalia system of international legal system, and thus cleverly make them ineligible partners or actors in the international law making. On the difficulty of giving a` comprehensive definition of NGOs, an author comments, “the NGO- sector has been described as extremely diverse, heterogeneous and populated with hugely varied goals, structure and motivations. It is therefore not an easy task to find a common definition of the term ‘non-governmental organisation.”4 Given therefore the variety of NGOs’ activities and interests, the same author chooses to identify them by the common characteristics which they share, namely:

1) NGOs are not created to generate personal profit. Although they may have paid employees and engage in revenue-generating activities they do not distribute profits or surpluses to members or management;

2) NGOs are voluntary. This means that they are formed voluntarily and that there is usually an element of voluntary participation in the organisation;

3) NGOs are distinguished from informal or ad hoc groups by having some degree of formal or institutional existence. Usually, NGOs have formal statutes or other governing document setting out their mission, objectives and scope. They are accountable to their members and donors;

4) NGOs are independent, in particular of government and other public authorities and of political parties or commercial organisations;

5) NGOs are not self-serving in aims and related values. Their aim is to act in the public arena at large, on concerns and issues related to the well-being of people, specific groups of people or society as a whole. They are not pursuing the commercial or professional interests of their members.

Chapter one continues