Author: Shruti, from Shri Ramswaroop Memorial University
To the Point
NGOs from the several decades has growing influence not only in the National but also to the International level. At the International level NGOs pushes the states to sign the multilateral treaties to promote the human rights, also to tackle the gender issues. NGOs also tackles the human trafficking when females, children or labour are transported to various countries illegally and getting exploited, here NGOs came to rescue. Also when any states violates the human rights of their population NGOs have a capacity to shame the Sovereign states to respect human rights. They also bring attention to environmental degradation and social injustice. NGOs raise awareness and bring answerability by creating pressure. NGOs try to influence the National and International policies to bring the reform in the legislature in International law. NGOs used the method of research and reporting in which they conduct investigation about human right violations and helps to public awareness campaign and prosecute criminal. They lobby the government and International organization to take action on human right issues. NGOs provide the legal aid to victims to access justice. Also engage in litigation and provide direct assistance to those whose rights are violated. They use various channels such as media, conferences and also the educational programs. However NGOs gained its importance and emerged from the 18th century and in 18th century it began from the anti slavery and the woman suffrage. And after the First World War, Red Cross came into existence to deal with humanitarian needs of war. In the Mid 20th century their role start in the International governance. After the World War 2nd many NGOs came to existence and now it is dealing most of the global issues and protecting the human rights.
Abstract
This article covers the Non Governmental Organization and its role in International justice. In this article I have mentioned that how the NGOs have contributed to the International system of law and what impact it has made in delivering the International justice. NGOs have contributed to the global struggle against the impunity and they also help in creating institutional mechanism to prosecute those who have committed crime. This article mentions how NGOs contribute to the International justice by the methods of research and reporting, advocacy and lobbying, legal aid and litigation, humanitarian assistance, capacity building and training, raising awareness and collaboration. Despite of facing various challenges NGOs maintain their role in the justice. The Challenges can be funding restriction. NGOs gains its importance and become effective from the 18th century. Various example of NGOs regulating justice are mentioned in this article with the relevant case laws supporting it.
Use of Legal Jargon
Non Governmental Organization is not universally defined and when we talk about its legal status there is always a confusion. NGOs don’t have any legal personality which means they cannot directly sue or sued on its name. NGOs don’t have any legal personality but they can advise and create pressure. They also guide the International organization even though they don’t have legal personality. For example, in India NGOs came from the different enactment like the Income Tax Act 1961, the Societies Registration Act 1860, the Companies Act 2013, and the Public Trust Acts of that particular state. It is important to give recognition to NGOs as it will help in the political leadership of the country.
The Proof
NGOs have a crucial role in International justice. Amnesty International, Human Rights Watch, and the International Committee of the Red Cross have important role in International justice. They gather evidence, conduct research, monitor and publish reports in the cases when the human rights are violated. The latest proof of its is case of COVID-19 where Amnesty International in 2020 deals with the danger to the Freedom of Expression. When the person tried to find out responses from the government, government when uses new legislation to shut down the Independent reporting. Amnesty International make the state to use pandemic as an excuse and not to silent Independent Reporting. Amnesty International in 60 countries stopped the arrest which are arbitrary. NGOs does not make laws but plays a vital role in it and shape the International law and policy and International Campaign to ban landmines advocated for the Mine Ban Treaty. NGOs are also effective in creation of the courts like International Criminal Court (ICC). They also plays a significant role in drafting and implementing international norms. International Justice Mission in Thailand freed the people who are considered as a trafficking victim.
Case Laws
The National Human Right Commission asked for the report from the Delhi police in case of the trafficking of girls who are abused. In this case women accuses the individual of sexual, physical and mental abuse and religious humiliation. The inquiry is conducted by keeping her security and by maintaining her privacy.
The Foreign Contribution (Regulation) Act (FCRA):
Although NGOs has access to funds but the FCRA can restrict the activities of NGOs that receive foreign funding. Amnesty International has mentioned such cases.
COHRE v. Italy:
It is a landmark case where the rights of the Roma population has been violated due to the destruction of the Roma camps eviction and expulsion of non-Italian Roma from the Italy. The Council of Europe’s Committee of Social Rights has protected their rights and give them assistance.
Rohingya crisis
Rohingya crisis is one of most known case of 2017 in which Muslim Minority group known as Rohingyas came from the Bangladesh to their own country Myanmar due to the genocidal attack by the military and in this case their human rights are violated and issue is addressed by the human right expert Tom Andrews.
Conclusion
This article mentions that how the NGOs help in the International justice. There are many examples where the NGOs significantly done their part and they are very helpful in maintaining and lobbying the government and supporting for the rights of the victims. The National courts universal jurisdiction get the support from NGOs and they help guiding them. They are concern about the environmental changes and played a vital role in regulating them. Although their legal status is not clear but still important part of the International as well as National system. NGOs act as bridge between the individuals and communities who are affected and the International legal framework.
FAQS
Whether NGOs can make laws in International legal system?
NGOs generally do not have the authority to make laws. They don’t have legal status and legal personality. But they can influence the development of law by raising their voices and lobbying the government.
Whether the International system rely on the NGOs?
Yes, International system relies on the NGOs as NGOs have specialized knowledge about the environment and human rights. NGOs provide relevant information to the UN bodies about violations. NGOs also work in collaboration with International organization like the UN and the World Bank.
Is Non Governmental Organization and the International Organization are same?
No, Non Governmental Organization and the International Organization are not the same thing. NGOs work independently of the government whereas International organization are intergovernmental organization are formed by treaties to achieve common objective. NGOs rely on the funds and the donations whereas International organization depend on the member states.
How the NGOs get recognition in International law?
NGOs get recognized through a various ways. It must be registered and established under the laws of their home country. The one of the organ of the UN i.e. ECOSOC(Economic and Social Council) give advisory status to the NGOs.
