NGO And International Law

Introduction

Non-governmental organizations (NGOs) are organizations that operate independently from any government. They are typically non-profit entities formed to advance political or social causes. NGOs actively work to address issues in areas like human rights, humanitarian aid, environmental protection, social justice, and the rights of indigenous peoples.

While NGOs are not motivated by profit, they have a strong interest in influencing the process of making international laws and norms. They aim to drive change on the issues central to their mission.

Many NGOs focus on human rights causes. Others prioritize environmental activism, such as conservation, climate change, or pollution. There are also NGOs dedicated to humanitarian relief, fighting hunger and poverty, protecting refugees, and advancing indigenous rights.

Though they lack the governing power of states, NGOs make an impact through advocacy, activism, and influencing both domestic policy and international institutions. Their involvement has shaped the development of international law over recent decades.

History of NGOs in International Law

Non-governmental organizations (NGOs) have been involved in the development of international law for over a century. One of the earliest attempts by an NGO to influence international law was the campaign of the British Anti Slavery and Aborigines Protection Society. This NGO advocated for decades to end slavery and the slave trade. Their efforts culminated in 1926 with the adoption of the Slavery Convention, which outlawed slavery in signatory countries.

The Slavery Convention marked a significant milestone, demonstrating the ability of NGOs to impact the creation of binding international laws. Through persistent advocacy and influencing politicians, the British Anti Slavery Society was instrumental in bringing about an international treaty banning slavery globally. Their campaign set a precedent for NGOs being involved in developing international legal standards and treaties.

NGO Influence in Developing International Law

NGOs have influenced the development of new international standards in a variety of ways:

• Involvement in drafting and negotiation processes - NGOs have been directly involved in drafting and negotiating processes for new international laws and treaties. They provide recommendations, propose language, lobby governmental representatives, and otherwise aim to directly shape the content of new standards as they are being formed. NGO participation helps ensure perspectives from civil society are reflected.
• Domestic and international advocacy - NGOs build support for the development of standards through advocacy campaigns targeting both domestic populations and international bodies. They raise awareness, advocate for political action, and pressure governments to adopt new international laws and norms. Successful NGO advocacy helps create the political will necessary for moving new standards forward.

NGO Role in Adopting Treaties/Instruments

NGOs have played a crucial role in the adoption of major international human rights instruments and treaties. One prominent example is the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948. NGOs were actively involved in the drafting process of the UDHR.

Representatives from NGOs like the American Law Institute, the American Jewish Congress, and the International Committee of the YMCA were allowed to participate and provide input. Eleanor Roosevelt, head of the drafting committee, was an advocate for NGO participation. The contributions of NGOs were invaluable in informing the content and principles enshrined in the UDHR.

Since then, NGOs have continued to provide input and advocacy in the adoption of major human rights treaties. When the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was adopted in 2008, it was the result of years of advocacy by NGOs. The Optional Protocol allows individuals to submit complaints on violations of economic, social and cultural rights.

NGOs like Amnesty International and FIAN International lobbied governments worldwide and mobilized grassroots support for the adoption of the protocol. Their tireless efforts demonstrated that NGOs play a vital role at all stages of adopting international instruments. By mobilizing public pressure and providing expert recommendation, NGOs help create meaningful global standards for human rights and justice.

NGO Involvement Across Stages

Non-governmental organizations have become integral participants across all stages of international lawmaking. Whereas states were previously the sole actors involved in drafting and adopting treaties and other legal instruments, NGOs now have a prominent role.

NGOs contribute their expertise and advocacy throughout the full process, from the initial prioritization and framing of an issue, to researching and proposing language, partaking in negotiations, building consensus, and pushing for adoption and ratification. Their participation provides a critical non-state perspective.

Some of the stages where NGOs actively engage include:

• Agenda setting: Bringing attention to issues not yet addressed, and advocating for prioritization
• Research and drafting: Conducting studies, gathering data, and proposing treaty language
• Consultations: Providing recommendations, feedback, and testimony to state delegations
• Negotiations: Observing or taking part in drafting sessions and conferences
• Adoption: Lobbying states to adopt the completed text
• Ratification: Encouraging states to ratify and accede to the instrument
• Implementation and compliance: Monitoring and reporting on adherence to commitments
• Enforcement: Calling for action in cases of violations or non-compliance

NGOs have steadily gained access and inclusion across all phases of international lawmaking. Their participation lends valuable perspective, experience, and advocacy throughout the process.

NGO Tactics to Encourage Compliance

NGOs use various tactics and strategies to encourage states to comply with international laws and norms they have committed to. Two key tactics used are publicizing non-compliance and lobbying for action.

When states fail to comply with laws or norms they have signed onto, NGOs can bring attention to these violations. They may issue reports and press releases, launch public awareness campaigns, or engage the media to shine a spotlight on non-compliant states. By publicizing violations, NGOs can shame states and pressure them to change their behavior to avoid damaging their reputation.

NGOs also lobby governments and intergovernmental organizations like the UN to take action to respond to violations and non-compliance. They may lobby states to intervene diplomatically, impose economic sanctions, or even take legal action against offending states. NGO advocacy helps spur international institutions and powerful states to use their influence to push states into compliance. Through lobbying, NGOs play an important role in mobilizing the international community to enforce international law and norms.

NGO Role in Clarification

NGOs play an important role in clarifying the commitments made by states under international law. They use various strategies to ensure that international standards are interpreted and applied properly.

One way NGOs contribute to clarification is by publishing guides and commentaries on treaties and conventions. These provide explanations on the exact obligations contained in the instruments. For example, Amnesty International regularly publishes legal commentaries analyzing provisions of major human rights treaties. This helps codify the precise duties that states must fulfill.

NGOs also submit amicus curiae or “friend of the court” briefs in important cases before human rights bodies and international tribunals. These briefs provide additional context and legal analysis to assist in the proper interpretation of international law. For instance, the Center for Justice and International Law and CEJIL Mesoamerica submitted an amicus brief in the Velásquez Rodríguez Case before the Inter-American Court of Human Rights, which helped clarify state duties under the American Convention on Human Rights.

In addition, NGOs give expert testimony and presentations before UN treaty bodies during reviews of state compliance. They provide independent assessments grounded in their on-the-ground experience, aiding treaty bodies in understanding if states are meeting commitments. For example, HRW routinely testifies before the Committee Against Torture regarding countries’ implementation of the Convention Against Torture. This supplements the information provided by states themselves.

By generating legal guides, intervening in cases, and giving expert testimony, NGOs make significant contributions to elucidating international law obligations. Their perspective and know-how is invaluable in ensuring standards are interpreted properly. This clarification role helps realize the goals enshrined in international instruments.

Case Studies

NGOs have played pivotal roles in many high-profile international law campaigns over the past decades. Here are some prominent examples:

• Landmine Ban: The International Campaign to Ban Landmines, coordinated by NGOs including Human Rights Watch and Handicap International, led the successful effort for a 1997 Mine Ban Treaty banning anti-personnel landmines. Their advocacy and lobbying led over 120 nations to adopt the treaty.
• International Criminal Court: A coalition of over 800 NGOs, led by groups like Amnesty International and No Peace Without Justice, campaigned for decades to establish a permanent International Criminal Court. Their work helped lead to the Rome Statute adopted in 1998.
• Cluster Munitions Ban: The Cluster Munition Coalition, comprised of over 300 NGOs, pushed for a ban on cluster bombs which often killed civilians. After years of pressure, the 2008 Convention on Cluster Munitions banning the weapons was signed by over 100 countries.
• Same-Sex Marriage: Human rights groups like the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) advocated globally for same-sex marriage rights. ILGA’s efforts contributed to the 2015 Supreme Court decision legalizing same-sex marriage in the United States.

These examples demonstrate how NGOs have driven progress on major international issues through sustained, collaborative, multi-faceted campaigns targeting both policymakers and the public. Their initiatives have enacted substantial legal changes with worldwide impact.

Criticisms and Challenges

While NGOs have played an important role in international law, there are criticisms and challenges to their involvement:

Concerns about legitimacy - Some argue NGOs lack democratic legitimacy as they are self-appointed and not elected. There are questions about NGO accountability and who they truly represent. This raises issues of NGOs pushing agendas not supported by the wider public.

Imbalances in influence - Wealthier NGOs from Western states tend to have greater resources and access compared to NGOs from developing countries. This can lead to imbalances where Western priorities dominate the agenda. There are also disparities between larger and smaller NGOs.

Over-reliance on NGOs - There is a risk of states and international organizations depending too much on NGOs to monitor compliance and enforce norms. NGO involvement should complement, not replace, state-driven enforcement.

Bias and neutrality - NGOs may selectively criticize states based on ideological biases rather than objective assessments. Some argue NGOs focus disproportionately on the actions of Western democracies rather than more severe violations by other states.

Lack of coordination - With thousands of NGOs involved, there can be duplication of efforts and lack of coordination. Competition over funding and influence can also hinder cooperation between NGOs.

Restrictions on NGOs - Some states impose legal restrictions on foreign NGOs or limit access to international forums. This curtails NGO ability to operate, especially in countries with poor human rights records.

While not downplaying their significance, examining the criticisms and challenges contributes to a balanced understanding of the complex role NGOs play in international law.

Conclusion

NGOs have played a vital role in the development and enforcement of international law over the past century. As organizations representing civil society, NGOs have been instrumental in promoting new standards, shaping the negotiation of treaties and instruments, advocating for adoption and ratification, and monitoring compliance.

Some of the key ways NGOs have impacted international law include:

• Campaigning for major human rights conventions like the Slavery Convention in 1926 and the Universal Declaration of Human Rights in 1948. This advocacy helped establish new global norms and commitments.
• Providing expertise and advocacy in drafting processes for treaties related to human rights, humanitarian law, environmental protection and more. NGO participation has helped strengthen international agreements.
• Building support for adopting and ratifying treaties through awareness-raising and by pressuring governments. This has helped expand participation and compliance with international law.
• Monitoring and reporting on violations to promote accountability and encourage countries to uphold their obligations. Publicizing noncompliance has been an important enforcement tool.
• Clarifying standards and obligations, often through testimony and advice to international courts and bodies. This has helped develop jurisprudence in areas like human rights.

After more than a century of activism, NGOs have proven their value in transforming international law from lofty ideals into meaningful protections for people and planet. As non-state actors, NGOs give civil society a voice in global affairs and serve as watchdogs that can motivate states to move from commitment to compliance. The development and enforcement of international law will continue relying heavily on the engagement and advocacy of NGOs focused on humanitarian and environmental causes worldwide.