Human Rights Ngos and Their Role in The Promotion and Protection of Rights in Africa
Human Rights Ngos and Their Role in The Promotion and Protection of Rights in Africa
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Human Rights NGOs and their Role in the Promotion and Protection of Rights in
Africa
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Journal on Minority and Group Rights
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International Journal on Minority and Group Rights 9: 265-289, 2002. 265
© Kluwer Law International. Printed in the Netherlands.
KWADWO APPIAGYEI-ATUA*
Irish Centre for Human Rights, National University of Ireland,
Galway, Ireland
1. Introduction
* Bank of Ireland Research Fellow, Irish Centre for Human Rights, National University
Ireland, Galway, Ireland. LL.B (Hons), University of Ghana, Legon; BL, Ghana School of Law
Accra; LL.M, Weldon Law School, Dalhousie University, Halifax, DCL (McGill University, Montre
1 United Nations Under-Secretary-General for Policy Coordination and Sustainable Developmen
Remarks at the Meeting of the Organizational Session of the Open-Ended Working Group of th
Economic and Social Council on the Review of Arrangements for Consultation with Non-Government
Organizations (17 February 1994). Cf. Michael Posner, 'The Status of Human Rights NGOs' (1994)
Columbia Human Rights Law Review, 269 at 275.
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HUMAN RIGHTS NGOs IN AFRICA 267
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HUMAN RIGHTS NGOs IN AFRICA 269
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HUMAN RIGHTS NGOs IN AFRICA 271
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272 KWADWO APPIAGYEI-ATUA
29 Remark made by AI representative during an interview with Ann Marie Clark. See Ann Marie
Clark, 'IGOs, NGOs and the Creation of International Human Rights Norm.' Unpublished paper
presented at ACUNS/ASIL Workshop on Governments, IGOs, NGOs and Global Governance, Brown
University, Providence, RI (July-August, 1996), p. 15.
30 Ibid.
31 Such as the promulgation of the UN Declaration against Torture in 1975, and subsequently, the
Convention Against Torture in 1984.
32 Human Rights Watch, Human Rights Watch World Report 1998 (New York: Human Rights
Watch, 1997) at xiv, xv.
33 Ibid., xiv.
34 Gunning, supra note 25 at 230.
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HUMAN RIGHTS NGOs IN AFRICA 273
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274 KWADWO APPIAGYEI-ATUA
38 See, The Swedish NGO Foundation for Human Rights and International Human Rights
Internship Education (IHRIE), The Status of Human Rights Organisations in Sub-Saharan Africa (http://
www.umn.edu.humanrts/africa), Chapter 4 on Characteristics and Problems of Human Rights NGOs.
39 For example, are the Human Rights Committee of the GBA, Ghana Academy of Arts and
Sciences. The Ghana Legal Literacy and Resource Foundation, a new NGO formed by the Ghana Bar 'to
organise seminars and publish in a format that the lay person can read portions of the constitution and
other laws so as to produce a well informed and enlightened populace'.
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HUMAN RIGHTS NGOs IN AFRICA 275
40 Term borrowed from S. Ndegwa, The Two Faces of Civil Society: NGOs and Politics in Africa
(West Hartford: Kumarian Press, Inc., 1996).
41 I. Shivji, supra note 26 at 61. The above analysis represents the fundamental aspect of the
political nature of human rights NGO work in Africa. However, human rights INGOs have assigned
different 'political reasons' as basis for refusing collaborative work with African human rights NGOs,
and overlooking those outlined above.
42 For example, Network of Domestic Election Observers (NEDEO) in Ghana. It monitored the
1996 elections held in Ghana.
43 Examples include The Uganda Gender Resource Centre (devoted to improving the position
and lot of women, especially those living in rural communities, in the areas of health, cultural rights
and woman empowerment), and l'Association pour le développement des initiatives villageoises
(ASSODIV) - a rural-based NGO in Benin which is involved in helping rural communities to achieve
integrated development and promote their own initiatives.
44 Though dissatisfied with the spate of corruption and mismanagement of resources by politicians
they are not ready to enter into the 'real political realm' of NGO activism by working for the suppression
of tyranny and dictatorship. They have therefore limited themselves to fighting for the economic, social
and cultural rights of the people, but not in a structuralist sense.
45 See, e.g., Third World Network (TWN) of Ghana which seeks to promote economic, social and
cultural rights but at the same time is a principal carrier of World Bank policies.
46 African Centre for Human Development (ACHD) in Ghana.
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HUMAN RIGHTS NGOs IN AFRICA 277
51 See, e.g., The Green Belt Movement in Kenya (environmental and women's lights NGO),
Human Rights Committee of the Ghana Bar Association (GBA), Ghana Journalists Association (GJA),
African Commission of Health and Human Rights Promoters (CAPSDH), Ghana.
52 See, e.g., Green Belt, GBA.
53 Robert Fatton, Jr., Predatory Rule: State & Civil Society in Africa (London: Lynne Rienner
Publishers, 1992).
54 One can mention Frederick Chiluba who came to power through his leadership of the Trades
Union Movement in Zambia. However, it is ironic that after his election into office he has declared
himself an avowed enemy of human rights NGOs. See, e.g., 'Fallen Angels' (Winter 1992) Human
Rights Tribune, 12ff; and, Washington Post (Wire Service) 'Africa's "Big Men" Reversing Tide of
Democracy,' 1 January 1995.
55 For example, the Alliance For Change (AFC) in Ghana, though not a human rights NGO, was
very active in adopting pressure tactics on the government through demonstrations. However, all the
members did contest for Parliamentary seats in their constituencies. One of them won his seat and this
has affected the continued effective organization of the group.
56 The rest of the people they work with largely remain politically inert, uninformed and
consequently, uncommitted rights activists whose main concern is a work for pay.
57 I. Shivji, supra note 26 at 61.
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HUMAN RIGHTS NGOs IN AFRICA 279
•68
4.1. Legal Resources Centre (LRC) of Malawi
This organization came into being in March 1993 as an outgrowth of the Law
Society of Malawi and through the instrumentality of Vera Chirwa, a veteran
human rights activist and former detainee of the deposed dictator Hastings
Banda. While the formation of the LRC confirms my contention that one of the
principal reason behind the formation of human rights NGOs is to find an
avenue for political action by politicians, it is important to note, that the LRC
62 Article 55 of the Charter provides simply thus: 'Before each Session, the Secretary of the
Commission shall make a list of the Communications other than those of States parties to the present
Charter and transmit them to the Members of the Commission, who shall indicate which communications
should be considered by the Commission.'
63 AI, 'The Organisation of African Unity and Human Rights,' AI Index: IOR 03/04/87 at 9.
64 Adopted on 13 February 1988 during the second session of the Commission held in Dakar, Senegal.
65 Rule 76.
66 Rachel Murray, 'Report on the 1996 Sessions of the African Commission on Human and
Peoples' Rights - 19th and 20th Ordinary Sessions: 26 March-4 April, and 21-31 October 1996' (1997)
18, Human Rights Law Journal 1-4, 16, 18.
67 This privileged status is under threat following the decision by the Commission to lump four
NGOs together into a group and give joint interventions for the time allowed for one NGO. This
proposition is said to have invoked a feeling of frustration and irritation from the NGOs who reacted by
claiming that they were not being appreciated by the Commission and that the change in procedures is
meant to limit their involvement. Ibid., at 18.
68 Information obtained from The Swedish NGO Foundation and IHRIE, supra note 38.
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HUMAN RIGHTS NGOs IN AFRICA 281
;D2
4.4. The Committee for the Defence of Human Rights
73
4.5. Kituo Cha Sheria (Swahili for Legal Advice Centre, Kenya)
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HUMAN RIGHTS NGOs IN AFRICA 283
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HUMAN RIGHTS NGOs IN AFRICA 285
94 Stohl et al., supra note 86 at 595. In the case of Ghana, this is with refe
has no legal basis for its existence but has never been questioned by human r
and local. Yet, some glimpses of its activities are recognized in the Constit
activities are in conformity with classical intelligence work, the problem is wi
these mandates and on whom. One of the former BNI operatives interv
organization out of good faith because he wrongfully assumed that with the retur
BNI would be used for purely normal intelligence work. It was not until he n
going on that he decided to quit at the threat to his life.
95 Ibid. Where the rights abuse evolves to such an extent that the agents of
their own personal objectives. These objectives would deviate from that of thei
placed them in that position. In the case of Ghana, under the NDC adminis
belonging to the BNI establishment have been carrying on some forms
sanctioned by their superiors. They use that to settle personal scores, for per
satisfy friends, etc. They can even be used to do debt collection. In such a
human rights INGOs are not able to, or do not recognize such forms of abuse
placed in a political context, the government of the day can be held resp
commandos there in the first place and giving unfettered powers and being af
fear of breaking their rank and provoking a revolt.
96 Ibid. Such situations exist in trouble spots in Africa such as Sierra Leone
Sudan.
97 Ibid., at 596. A typical example is the claw-back clauses in the African Charter.
98
See Lawyers' Committee for Human Rights, Critique: Review of the U.S. Department of State's
Country Reports on Human Rights Practices 1996 (New York: Lawyers' Committee for Human Rights,
1997), 151. See also the report for 1995.
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