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  • Role of Non Governmental Organization in Promotiom and Protection of Human Rights

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    International non-governmental organizations (INGOs) play an important role in promoting and protecting human rights globally. As independent organizations that operate across national borders, INGOs can be more creative than governments in establishing new norms and standards. However, INGOs also face challenges like a lack of unified legal identity and political ineffectiveness in influencing states.

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    International non-governmental organizations (INGOs) play an important role in promoting and protecting human rights globally. As independent organizations that operate across national borders, INGOs can be more creative than governments in establishing new norms and standards. However, INGOs also face challenges like a lack of unified legal identity and political ineffectiveness in influencing states.

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    65 views11 pages

    Role of Non Governmental Organization in Promotiom and Protection of Human Rights

    Uploaded by

    adil reza
    International non-governmental organizations (INGOs) play an important role in promoting and protecting human rights globally. As independent organizations that operate across national borders, INGOs can be more creative than governments in establishing new norms and standards. However, INGOs also face challenges like a lack of unified legal identity and political ineffectiveness in influencing states.

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    of 11

    ROLE OF INTERNATIONAL NON

    GOVERNMENTAL ORGANIZATIONS

    In the promotion and protection of human rights


    BACKGROUND

    • Last Video Lecture


    non-profit making bodies
    • What are INGOs?
    usually focus their activities in one or two issue areas
    • What are NGOs
    Constitute a part of civil society
    watchdog

    • General mandate Budge between the state and lay person: sometimes hand in hand with
    the state and other times against

    • INGOs Some are peculiar to one country or region, others are international
    • Examples
    INTRODUCTION

    • INGOs: groups of persons or of societies, freely created by private initiative, that pursue an interest in
    matters that cross or transcend national borders and are not profit seeking. Such NGOs are usually
    international in the sense of drawing members from more than one country
    • Proliferation of NGO:
    • Advancement of ICT
    • End of cold war
    • Globalization
    • Increased resources- increased employment
    • UN System and NGO
    • Article 71of the UN Charter states, "The Economic and Social Council may make suitable
    arrangements for consultation with non-governmental organizations which are concerned with
    matters within its competence."
    • Not defined
    LEGAL PERSONALITY

    • National NGOs
    • inability to carry their legal status from one country to another.
    • this situation could prove problematic for internationally active NGOs,
    • not much progress in that respect
    • Wilfred Jenks observed in 1972that "[while the number, importance, and influence of
    international associations have continued to increase, the problem of their legal status
    has not become of such acuteness and urgency as to make a comprehensive solution of
    it imperative.”
    • Transnational NGOs have learned how to maneuver without formal international
    personality.
    • Over the years, the efforts to achieve an international legal personality for NGOs have
    exposed some unresolved tensions.
    TYPES OF INGOS

    • By level Operation and extent


    • By Orientation
    • Charitable Orientation: financial aid
    • Service Orientation: free health camp, legal aid etc.
    • Participatory Orientation: SHGs
    • Empowering Orientation: Awareness
    ROLE AND FUNCTIONS

    NGOs contribute to the development, interpretation, judicial application, and enforcement of international law.
    1. Prolific when new fields of law are initiated or new treaties drafted
    • Many examples: Advocacy by NGOs and indigenous groups has been similarly instrumental in achieving new international protections for indigenous
    peoples.
    2. Interpretation of International Law
    • "Siracusa Principles" in 1984
    • ICRC and the International Humanitarian Law
    3. Friend-of-the-court sub- missions to tribunals.
    • amicus curiae briefs
    4. Initiate case
    5. Engaged in the review and promotion of state compliance with inter- national obligations: Contributing towards work of treaty
    monitoring bodies
    6. NGO’s can also play an important role with in a domestic political system in pressing the government to meet its obligations under
    a ratified treaty.
    7. Generating awareness of human rights
    8. Universal periodic review before the UN Human Rights Council
    9. Consultative duty
    1. Article 71 of the UN Charter
    2. ICCPR states that (Article 19(2))
    • "everyone shall have the right to freedom of expression; this right shall include freedom to seek,
    receive and impart information and ideas of all kinds, regardless of frontiers.”
    3. The American Declaration of the Rights and Duties of Man states that (Article 24)
    • "every person has the right to submit respectful petitions to any competent authority, for reasons of
    either general or private interest, and the right to obtain a prompt decision thereon."'
    4. 1992 UN conference adopted Agenda21,which states:
    • The United Nations system, including international finance and development agencies, and all
    intergovernmental organizations and forums should, in consultation with non- governmental
    organizations, take measures to:
    • (b)...enhance existing or, where they do not exist, establish, mechanisms and procedures within each
    agency to draw on the expertise and views of non-governmental organizations in policy and
    programme design, implementation and evaluation . . .
    5. ECONOMIC AND SOCIAL COUNCIL RESOLUTION 1996/31, UN Doc.E/1996/96 (1996)
    Consultative relationship between the United Nations and non-governmental organizations
    • principles to be applied in the establishment of consultative relations
    STRENGTHS:

    • NGOs can be more creative than government officials


    because NGOs are not burdened with the need to champion
    a particular national or governmental interest
    • ability to construct and encourage new norms for an
    interdependent world.
    • role of NGOs challenges the state-centricity of international
    law
    CHALLENGES

    • Political ineffectiveness
    • Lack of identity and legal status
    • Duplication of INGO activity
    • Locating fund sources for INGOs
    • National legal status of INGOs

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