Non-Governmental Organizations and Their Role in Effective Implementation of International Human Rights Law - Essay Example

Non-Governmental Organizations and their role in effective Implementation of International Human Rights Law Non-Governmental Organizations Introduction On a broader perspective, each human being has the right to be treated with the dignity and the respect that they deserve. Throughout the entire world, laws exist that show residents of specific nations what is expected of them. Similarly, nations through their governments are tasked with the responsibility of ensuring that they provide their citizens with a favorable environment, which enables them to exploit their full potential and make the best out of themselves. Human rights are in place to ensure that no human being is denied such an opportunity. Some of the notable components of human rights are that each individual is entitled to the right to life and the right to self-determination. Similarly, each individual is entitled to the right of privacy and the freedom to assemble and associate with whomever he or she deems fit provided they are not a threat to human security. Human rights recognizes the fact that we are of different genders, and for that reason there is a section that ensures equal rights for both the males and the females1. On the same note, human rights take into account the fact that as a people we may not be able to experience the same support that some of our colleagues have at their disposal, hence the right to nondiscrimination as well as the rights of the minority groups. Given that some of the world population may not be willing to respect the rights of individuals, several organizations have always come up that ensure that the rights of humans are not abused2. Either government officials or citizens who do not work for the government, hence the name non-governmental organizations may spearhead some of these organizations. It is common knowledge that non-governmental organizations always champion for human rights globally. On the same note, the role being played by non-governmental organizations cannot go unrecognized given that they keep government of various nations in check3. By keeping the governments in check, the NGOs ensure that the international community does not any time forget its role in preventing the abuse of humans and their rights. Human rights are equal in each nation, and differences can only exist whenever there are cultural differences. The fact human rights cross boundaries and are similar across all nations makes them be referred to us International Human Rights, hence the creation of the International Human Rights Law4. As mentioned while introducing this essay, the non-governmental organizations are tasked with the role of championing for the rights of humans worldwide. This essay seeks to provide more insight on the far-reaching role that non-governmental organizations played in the reforms that led to the abolishment of the Commission of Human Rights and its replacement with the Human Rights Council. Non-governmental Organizations and their role in the Creation of the Human Rights Council The Commission of Human Rights, which was the UN body, mandated with preventing human rights abuse introduced the Universal Declaration of Human Rights under the leadership of its then chairperson Eleanor Roosevelt5. Some of the provisions that were included in the declaration were that each human being is equal before the law, and that the basic human rights of each individual such as the right to life, right to non-discrimination and the right to self-determination among others were to be upheld. In the course of carrying out its responsibilities however, the Commission of Human Rights came under heavy criticism from various non-governmental organizations for siding with nations that had been at the forefront of human rights abuse6. Non-governmental organizations for example were not happy that Cuba had been allowed membership within the Commission of Human Rights yet its government did not respect the rights of human beings. The Cuban leadership for example used the authority it wielded to arrest several opposition leaders and then subject them to torture7. This defied the provision included in the Universal Human Rights Declaration that no individual is to be subjected to torture. The fact that the opposition leaders were detained also meant that they would be denied freedom of movement. The NGOs also raised further concerns about Cuba given that its leadership denied citizens who were interested in travelling abroad passports, thus preventing movement of persons8. Another reason why non-governmental organizations agitated for the Commission of Human Rights to be abolished was the Libyan Question9. The then Libyan government that was headed by Muamar Gaddafi was hell bent on ensuring that people did not exploit their full potential, hence oppressing their right to self-determination. The Libyan government for example, did not give freedom to the Christians to worship; the only people who were allowed to worship were the Muslims. The Universal Human Rights Declaration made it clear that each individual should be accorded the right to worship and the fact that the Libyan government, which comprised majorly of Islamic Fundamentalists prevented Christians from exercising the freedom of worship did not augur well with the non-governmental organizations10. One of the provisions that stated in the Universal human rights declaration is that each individual has the right to non-discrimination. By and large, there are several cultures within the world, people believe in different traditions and their societies expect them to behave in a particular way. The Libyan government however did not take into consideration the demands of most of the foreigners who come into their country11. Those who recognized English as their first language were denied the opportunity of practicing it. As a matter of fact, it took quite a long time for the Libyan government to Incorporate English into their curriculum. The same applies to French speakers who were denied the opportunity to speak in French. Moreover, just like English, it took time for the French Language to be incorporated in the Libyan curriculum. Libya too did not accommodate the rights of foreign employees within their labor organizations. Just like Cuba, cases of torture were rampant in Libya12. Stories are told where prisoners were placed along dark chambers before being subjected to torture. There is also the case to do with massacres, where over a thousand prisoners were alleged to be murdered in unclear circumstances at the Abu Salim correctional facilities. The above-mentioned cases in Libya angered the non-governmental organizations like Amnesty international, hence prompting them to call for the abolishment of the Commission on Human Rights and its replacement with the Human Rights Council. The non-governmental organizations called for the abolishment of the Commission on Human Rights following its decision to grant membership to countries like Saudi Arabia and Iran13. Saudi Arabia for example, is known for its discrimination of gender where the females are not accorded similar opportunities as the males. The non-governmental organizations also called on the Commission of Human Rights to eliminate Iran from its members list following the state planned killings on Journalists. As mentioned in the introduction of this essay, non-governmental organizations are known worldwide for their strong stance on preventing human rights14. The main role played by the non-governmental organizations in the abolishment of the Human Rights Council was that they identified situations where the human rights council failed to punish nations that took part in the abuse of human rights15. The NGOs made the international community aware of the happenings. The international community was left with no choice, but to initiate reforms, thereby doing away with the Commission of Human Rights and replacing it with the Human Rights Council in the year 2006. The Role of Non-governmental Organizations in the Reform Process The United Nations through its then Secretary General Kofi Annan attested to the fact that the UN Commission on Human Rights lacked both credibility and Professionalism in failing to prosecute member states such as Iran, Saudi Arabia among others, which had participated in violation of human rights16. Kofi Annan proposed that the Commission on Human Rights that comprised of fifty-three members, was to be replaced by a forty-seven member team; the Human Right Council. In his proposal, the then UN Secretary General proposed that though membership to the newly formed council would be subject to voting, only the nations that exercised strong respect to human rights would be voted in and that the members states had to attain two-thirds of the votes cast by the UN General Assembly. When General Annan’s proposal was tabled before the General Assembly, the proposals were altered to favor nations that did not respect human rights. One such alteration was the removal of the clause that demanded that for a member state to sit on the newly formed commission, she had to attain two thirds of the General Assembly votes. The Non-governmental organizations came out and reprimanded the general assembly of the United Nations for siding with the status-quo17. Due to pressure however, the clause was re-introduced in the charter that created the human rights council, making it the first amendment to be done on the charter. Similarly, the non-governmental organizations took issue with the manner in which the general assembly reduced its involvement in the issues that concern human rights activities. For example, NGOs were prohibited from condemning nations in situations where the nations considered that there was no human rights abuse going on. Given that Kofi Annan’s threshold was restored and that the clause that limited the participation of NGOs was eradicated, we can say that the NGOs played a significant role in the creation of the human rights council18. The Role of Non-governmental Organizations on Universal Periodic Review-UPR The Universal Periodic Review commonly known as UPR is a program created by the Human Rights Council that aims towards reviewing human rights records among each of the member states of the United Nations. Similarly, UPR is aimed towards ensuring that countries that are known for championing human rights, share with other nations the practices they put in place to ensure that human rights are obeyed across the world. The major goal of the UPR program is that it ascertains that human rights are fully obeyed by nations throughout the world, while at the same time those who violate human rights are to be faced with serious consequences. In the course of the UPR working sessions, the contributions of the non-governmental conditions can be considered in the following mechanisms19. For starters, NGOs are allowed to make contributions in the form of written submissions that can be considered by the member states when they are in session20. Non-governmental organizations are also given the privilege to be present in the course of the working sessions. It is important to note that the submissions that are presented by the non-governmental organizations can be referred to by the member states during the UPR working sessions. Nevertheless, the NGOs are prohibited from making neither oral nor written submissions in the course of the presentation. However, they have the choice of meeting during the deliberations and discuss the direction taken by the UPR sessions21. NGOs are also given the privilege to be present whenever the review reports are being released. Though, one may argue that the level of NGO participation is limited under the UPR working sessions, the event that they are allowed to be in attendance in the course of the three annual sessions is itself supportive enough. Role played by NGOs in ensuring that human rights are effectively implemented To ensure effective implementation of international human rights laws, NGOs research on specific causes of human rights abuse and come up with the strategies of preventing such causes. Once they have ensured that they have succeeded in stopping the cases of human rights abuse, the NGOs are tasked with fighting for the rights of those who were violated thereby ensuring that the victims are duly compensated for the wrongs that were committed against them. To ensure that human rights abuse is not practiced again, the NGOs have to ensure that the masterminds of human rights violation are brought to book and that that they are punished for their actions. It is far-reaching to recognize the high rate with which non-governmental organizations have developed throughout the world22. This is because their effect can be felt within all the continents and across almost all the nations of the world. It is also important to ascertain the fact that some NGOs like Amnesty International and Transparency International have been in existence for a long duration, while others always face challenges that prevent them from championing for the rights of humans23. Non-governmental organizations that have already stabilized should ensure that they come out in support of emerging ones. Such efforts are important in ensuring that the championing of human rights does not end any time soon. Governments are charged with the responsibility of providing the citizens with high quality goods and services. Similarly, they should lead the process of industrialization and development within their nations. It is also important for governments and their officials to be at the forefront of championing for the rights of its citizens24. It is imperative to recognize the role that has been played by certain governments in ensuring that its citizens make the best out of themselves. Nevertheless, we should not turn blind to the event that some governments always ignore the great role that they are to play in championing for human rights. As a matter of fact, certain government officials have been found guilty for crimes against humanity. One of the notable cases where government officials have been held suspected for participating in crimes against humanity is the Kenyan question, where its current head of state and the deputy are facing criminal charges at the International Criminal Court. To ensure that international law is effectively implemented, non-governmental organizations should ensure that they pressure the government of the nations within which they operate to use their authority to bring to an end all to do with abuse of human rights. The non-governmental organizations should also ensure that they pressurize the governments to respect the international laws on human rights and stop any form of discrimination being practiced by any government official. Elections are a common occurrence in several countries. This is because it is through elections that citizens of various nations participate in choosing the correct leadership for their country. Situations have however existed where whenever citizens of some nations go into elections results are being altered to favor specific candidates25. Situations where elections are altered defy democracy and the rule of law. Given that each individual has the right of expression, it is important for NGOs to ascertain that the right to expression is upheld, by ensuring that election results are not altered to favor specific candidates. Such a step would ensure that democracy and the rule of law are upheld just as stipulated by the international law on human rights26. The diversity of our society has resulted into different cultures. This implies that we are likely to see people of different origins in our society. Across all the states of the US for example, one will not fail to recognize the presence of different people. According to the United States Census of 2010, our population is so diverse such that it has room for people of Hispanic, Asian and black origin. Similarly, our communities can accommodate citizens from various nations like China, Russia, and Germany among others. Situations however exist where a section of the population does not respect all the cultures available within our society. This leads to racial prejudice and discrimination based on different factors. To ascertain that international laws are effectively implemented, it is of significance for the non-governmental organizations to educate its people on the social and cultural differences that exist within the society27. Such activities come in handy in ensuring that racial hatred is fully eliminated within the society. Politics play a very significant role within our society28. Though most of us consider it to lack morality, politics arises majorly due to ideological differences. In the United States for example, the two main political parties mainly the Democrats and Republicans enjoy a huge command of the US population. To prevent political discrimination, non-governmental organizations should come up with good mechanisms of enlightening the society on the importance of respecting the political stance that is held by someone29. That would no doubt be a huge step towards ensuring that the objectives outlined in the international human rights law are accomplished. Everybody dreams of living within a peaceful world free of both hate and terrorism. This is because the two factors are themselves enemies of humanity and cause discord within the society. To ensure that the society is always peaceful, non-governmental organizations should work towards eradicating hate and terrorism. This can be achieved by identifying the terrorist groups and working towards putting an end to their activities30. Through this, dignity and human rights will prevail across the entire world. Peace along with our actions are directly associated with human rights laws. This is because nations or states where war is prevalent tend to register higher cases of human rights abuse. In several African states for example, several underage children are forced to go to the battlefields. Similarly, some of the females are raped by the soldiers and taken into slavery to supply foods and other upkeep materials to the soldiers. To ensure that international human laws are effectively enacted, non-governmental organizations should agitate towards activities that enhance peace within the society31. On the same note, the society should be educated on the importance of peace related activities because failure to take part in such activities leads to wars and such act as catalysts for abuse of human rights. Due to ideological differences, a feud between countries is a common occurrence. One of the consequences of wars is that citizens often move from one nation to another resulting in refugees. Refugees often get it rough depending on the countries that they visit. Non-governmental organizations should always take part in activities that make people understand the need to accommodate all the refugees who come into their country32. The non-governmental organizations should also educate the society on the fact that they should freely seek alternative residence in other nations when the situation in their nations becomes untenable . The non-governmental organizations should make it easy for refugees to fully relocate to the countries where they are seeking asylum if they wish to do so or to go back to their respective nations whenever they feel the need33. Challenges faced by NGOs in the Course of Championing Human Rights In as much as non-governmental organizations always puts more effort in an attempt to ensure that the international human rights laws are efficiently implemented, they always encounter several challenges in the course of their pursuit. One of the challenges is that democracy is not easily embraced within our societies34. This makes it hard for the non-governmental organizations to be as efficient as they would like too. Similarly, there is the discrimination problem that can be classified as either internal or external35. External discrimination comes out in several manners ranging from races where people are discriminated based on the color of their skin and their physical appearance. Racism also comes out in the form of other factors like status, where one is judged based on his or her income. Armed conflict as well as violence is also a factor that denies the non-governmental organizations the opportunity to be as efficient as they would love. It is even more challenging whenever violence is inborn. This comes out whenever a government turns about its own people36. The Syrian question is such an example, where the current Syrian leadership turned against its own people and used chemical weapons that are meant for bioterrorism to eradicate them. In a family situation, violence has been witnessed whenever children who are challenged are not granted the same opportunity as their colleagues who are not challenged. Non-governmental organizations should aim to cover a wider area than they are covering currently. This is majorly because some situations of human abuse go on unnoticed for a longer duration. Moreover, by the time they are realized it is too late for them to be averted. Such is the situation that took place in Uganda. History has it that in the 1980’s the then president of Uganda Idi Amin assembled those who were challenged and subjected them to element of torture. The activities of non-governmental organizations cannot be mentioned without incorporating the United Nations37. As an organization, it has always been at the forefront to discern most of the activities against humanity. It is for that reason that it has put in place the International Criminal Court, with its headquarters based at The Hague to punish those who are found guilty of abusing human rights. In its attempt to fight against human rights abuse, the United Nations has listed four items that provide obstacles to their efficiency38. One of the factors is the Knowledge gap, which is the ideology that in as much as some of us are well aware of our rights as humans, a large population of people still do not know their rights39. This makes it difficult for not only the United Nations bur for other non-governmental organizations as well. This is because in as much as people are being abused, they do not report hence making the perpetrators get away with their crimes. There is also the commitment gap, in that in as much as the non-governmental organizations are so committed to the venture of fighting abuse of human rights; most of the people do not show the same commitment. To this effect, whenever the non-governmental organizations work towards eradicating human rights abuse, the uncommitted population drags them behind40. There is also the capacity gap, where the population is too large for the existing non-governmental organizations to put an end to all the cases of human rights abuse. It is for this reason that stakeholder’s advice that the existing non-governmental organizations should work towards uplifting the organizations that are emerging. Consequences of the involvement of NGOs in HRC and UPR The section above has illustrated the manner in which non-governmental organizations have played far-reaching roles in the formation of the human rights council and the universal periodic review. For starters, the human rights council was formed due to the several complaints that were raised by the NGOs in regard to the Libyan and Cuban situations among others41. At the time of its formation, the UN general assembly wanted to side with the status-quo by reducing the standards that were to be met by member states that were to serve in the rights council. With the intervention of the non-governmental organizations, however, a more credible body came-up in the form of the human rights council42. As mentioned above, they also fought against the anti-NGO clause and currently the non-governmental organizations are accorded much participation in the affairs of the human rights council. In regard to the universal periodic review, the participation of the non-governmental organizations cannot be under estimated. This is because the reports they give on various nations are highly regarded by the UPR working unit43. The fact that the working unit go through their reports whenever they are in session means that the recommendations put out by the NGOs are considered by the UPR working unit while making their decisions on the state of human rights in various nations44. Over and above, it is common knowledge that with non-governmental organizations in the picture, human rights violation is one the decrease. Even if they are occasionally faced with some challenges and they are unable to rectify all cases of human rights violation, the course they have chosen to pursue is a worthy one45. Bibliography Articles Ann Marie Clark, The Sovereign Limits of Global Civil Society: A Comparison of NGO Participation in UN World Conferences on the Environment, Human Rights, And Women, 51 J. WORLDPOLITICS1 (2008); Andrew Drzemczewski, The Role of NGOs in Human Rights Matters in the Council of Europe HUM. RTS. L.J. 273 (2007) George A. Lopez, Globalizing Human Rights NGOs in the early 2000, 20 HUMRTS Q. 379 (2008) C. M. Eya Nchama, The Role of Non-Governmental Organizations in the Promotion and Protection of Human Rights, HUMANRIGHTSBULLETIN, (2011) Martin A. Ölz, Non-Governmental Organizations in Regional Human Rights Systems, 28 COLUM. HUM. RTS. L. REV. 307, 312 (2007); Dianne Otto, Nongovernmental Organizations in the United Nations System: The Emerging Role of International Civil Society, 18 HUM RTS Q. 107 (2006) Michael H. Posner and Candy Whittome, The Status of Human Rights NGOs, 25COLUM. HUM. RTS. L. REV. 269, 276 (2008); Books Peter R. Baehr, Mobilization of the Conscience of Mankind: Conditions of Effectiveness of Human Rights NGOs, in REFLECTIONS ON INTERNATIONAL LAW FROM THE LOW COUNTRIES– INHONOR OF PAULDEWAART (Erik Denters &Nico Schrijver eds., 2008); Yves Beigbeder, THE ROLE AND STATUS OF INTERNATIONAL HUMAN RIGHTS VOLUNTEERS AND ORGANIZATIONS (2011) Andrea Bianchi, Globalization of Human Rights The Role of Non-State Actors, in GLOBAL LAW WITHOUT A STATE (Gunther Teubner ed., 2007); Rachel Brett, Non-Governmental Actors in the Field of Human Rights, in AN INTRODUCTION TO THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS, (RaijaHanski and Markku Suksi, eds. 2009, 2nd Ed. Michael Edwards, NGO RIGHTS AND RESPONSIBILITIES, A NEW DEAL FOR GLOBAL GOVERNANCE (2010) Felice D. Gaer, Reality Check: Human Rights NGOs Confront Governments at the UN, in NGOS THE UN, AND GLOBAL GOVERNANCE (Thomas G. Weiss &Leon Gordenker eds., 2006) Leon Gordenker, NGOs and Democratic Process in International Organizations , in THE ROLE OF THE NATION STATE IN THE 21ST CENTURY (M. Castermans, F. vanHoof and J. Smith eds., 2008); John P. Humphrey, Human Rights & The United Nations: A Great Adventure (Transnational Publishers, Inc 2006 Other References The UN Charter- Declaration on Human Rights Read More