role ngos poznan 2010

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The Role of NGOs in the

protection of human rightsAdam Bodnar

Pznao, 6 September 2010Course on International Protection of Human Rights


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What is NGO?

NGO is a non-governmental organization

NGOs are part f the civil sciety

Civil sciety is a brader term includes also churches, religiousassociations, trade unions, interest groups, organizations of employers etc.

NGOs are intermediary between individuals and the government in

transmitting ideas and concepts Different types of NGOs:

International and national

Main-stream or focused on selected issues

Grass rts rganizatins

Different scope of activities

Activist organizations vs. think tank organizations

NGOs acting in a public interest vs. NGOs pursuing particular interest (e.g.lobbying NGOs)

Some NGOs are concentrated on protection of human rights

Most NGOsindependent from government (as compared to GONGOs)


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Examples of human rights NGOs

International Amnesty International

Human Rights Watch

Interights

International Committee of Red

Cross European Human Rights

Advocacy Center

Fair Trials International

Mental Disability AdvocacyCenter

International Lesbian and GayAssociation (ILGA)

Article 19

Reporters without Borders

Open Society Justice Initiative

National American Civil Liberties Union

Reprieve (UK)

Liberty (UK)

Statewatch (UK)

Helsinki Foundation for HumanRights (Poland)

Campaign Against Homophobia(Poland)

Article 42 (Georgia)

Gergian Yung Lawyers

Association Legal Education Society

(Azerbaijan)

Memorial (Russia)


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Activities and methods

Depending on mission and scope of operation NGOs use differentmethods in order to protect human rights

Over the years the role of NGOs grows (e.g. rapid development of HumanRights Watch)

NGOs understand smetimes differently the ntin f human rights

(possibility of abuse) Most important features of NGOs dealing with human rights

Credibility

Public trust and confidence

Responsiveness

Independence

Dynamism Why: NGOs may have impact:

they do not make political decisions

NGOs are responsible before the society and their sponsors

NGOs are transmitter of views of the society to the government


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Four basic methods

Monitoring

Advocacy Strategic litigation

Education


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Monitoring

NGOsrole of watchdogcontrolling the government and otherinstitutions (also private institutions)

Monitoring:

Selected issue

Day to day monitoring (e.g. freedom of speech)

Controlling compliance with certain standards (e.g. controlling prisonsin certain area)

Preparation of reports on compliance with human rights on the basisof monitoring

Results: (i) reports, (ii) interventions, (iii) raising awareness, (iv)

accountability Examples:

HRW report on violations of human rights in Russian-Georgian conflict

MDAC report on guardianship laws and incapacity in Bulgaria

HFHR report on disciplinary responsibility of prosecutors in Poland


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Purposes of monitoring

to help people (monitoring + intervention)

to have independent data and be a reliable source for media

to compel the government to change the law or practice

to compel business to change practices (e.g. sale of palm oil)

to show violations to international community (e.g. clusterammunition in conflict in Georgia)

to prepare reports to international bodies (e.g. European Union,Council of Europe, United Nations organs, Universal PeriodicReview)

Shadow reports alternative reports prepared by NGOs in response toofficial governmental reports submitted to international organs

- e.g. shadow report under the International Covenant on Civil andPolitical Rights

- reports submitted to the Human Rights Council within the UPR


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Barriers to monitoring

Sometimes need of cooperation with government (e.g.controlling prisons)

Serious monitoring requires human resources, time andmoney

You cannot expect results immediatelyit is rather long-term investment

Monitoring in conflict zones (or concerning certain issues)may be risky and life threatening: example: Chechnya

In order to be influential, sometimes NGOs may need a

special status at a certain international organization (whichis usually difficult to obtain for smaller organizations), e.g. consultative status at the Council of Europe

consultative status at the ECOSOC - UN


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Advocacy

Advocacy means arguing on behalf of a certainissue, idea or person Changing the attitude of government

Showing the problem

Convincing the society

Advocacy usually is implemented by NGOs, butmay be implemented by a group of individuals(e.g. individuals fighting for abolition of deathpenalty in a given country)

Advocacy means fighting for sth, but without anintent to be elected for public position


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Example of advocacy

Cluster Munition Coalition

Methods:

Signing letters and petitions

Building internationalcoalitions

Informing the public opinionon the problem

Convincing famous personsto support activities

Public events and protests

Organization of conferences

and other events

Engaging people into actions

The Cluster Munition Coalition (CMC)is an international coalition working to

protect civilians from the effects of

cluster munitions.

The CMC has a membership of around

300 civil society organisations from

more than 80 countries.

The CMC supports the initiative known

as the Osl Prcess t prhibit cluster

munitions and assist affected

communities.


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Strategic litigation

The objective of strategic litigation is to make

significant changesin law or legal practice through

litigation of the carefully selected cases

Famous examples of strategic litigation: Brown v. Board of Education of Topeka (segregation in schools)

D.H. and others v. Czech Republic (discrimination of Roma children in

schools)

Bczkowski and others v. Poland(ban of assembly organized by LGBT

groups)

Opuz v. Turkey (domestic violence)

Nachova and others v. Bulgaria (burden of proof in racially motivated

killings)


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Steps in strategic litigation

Identification of a problem

Selectin f a gd case

Start of proceedings

Representation of victim in court proceedings Informing the public opinion on the strategic

character of the case

Winning the case (usually long-term process)

Monitoring of an enforcement of judgment bythe government

Reality is much more complicated than the above model


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Strategic litigationcourts and

international organs European Court of Human Rights

Possibility to submit third-partyintervention (e.g. Grzelak v. Polandcase)

Communications to the Committee ofMinisters (enforcement stage)

Council of Europe Committee on

Social Rights E.g. Interights vs. Croatia

UN Committees (esp. Human RightsCommittee) E.g. Belarussian cases

Inter-American Court of Human

Rights E.g. access to information cases

European Court of Justice (esp.discrimination cases, EU citizenshipcases) Tadao Maruko case and ILGA

Constitutional courts Representation of victims

Standing for NGOs as amicus curiae inPoland and in other countries (e.g.Georgia, Slovenia)

Supreme courts Usually different role than

constitutional courts

Ordinary and administrative courts

Effective instruments: constitutional complaint

action for damages

access to public information (e.g. TASZv. Hungary, CIA rendition project inPoland)

Unlawful detention complaints

Length of proceedings complaint

SELECTION OF METHODS DEPENDSALWAYS ON A SPECIFIC CASE


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Enforcement of ECtHR judgments

the most powerful human rights court in the world

individual enforcement of judgments:

restitutio in integrum (e.g.Assanidze v. Georgia, Sawomir Musia v. Poland)

re-examination or re-opening of a case (e.g. Cudak v. Lithuania)

payment of just satisfaction (e.g. L. v. Lithuania)

general enforcementprevention of further violations

change in law (including Constitution)(Kiss v. Hungary, Tysic v. Poland, Kuda v. Poland)

change in practice (e.g. use of pre-trial detention)

judicial practice (direct and indirect application of the ECtHRe.g. extradition cases)

Interlaken processbringing the Convention back home

role of the Committee of Ministers and the Parliamentary Assembly of Council ofEurpe in supervisin f judgments enfrcement

role of NGOs in enforcement proceedings


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Examples of current strategic cases

Non-appointment of 10 judges by the President of Polandand threat to judicial independence

Access to statistical information on wiretapping andsurveillance in Poland

Criminal responsibility for the insult of the President ofPoland

Access to the profession of prosecutor by a person usingwheelchair

Farcas v. Romania: access to public buildings for persons

with disabilities (Interights) Vejdeland v. Sweden: freedom of speech vs. hate speech

due to sexual orientation (Interights)

Zhovits v. Kazakhstan: fair trial of human rights defender(OSJI)


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Education

Educatin n human rights is an imprtant element f NGOs activities

Education is a priority for many organizations. In some countries it is theonly method to advance human rights

Yu can educate n: human rights standards r skills hw t advancehuman rights (for other NGOs or activists)

Human rights educatin may be subject f manipulatin e.g. Cmpass handbk,

situation in CIS countriess called hrizntal apprach t human rights

Education has only indirect and long-term impact n human rightsprotection

Special educational methods:

Law clinics (e.g. at universities) Street law

Education through personal involvement (workshops, actions, individual smallprojects)

Monitoring projects with the personal involvement of students (e.g. CourtWatch project)


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Funding

NGOs watch dg activities usually must have independent

financing

institutional grants vs. project grants

International donors: Open Society Institute, Ford Foundation,

McArthur Foundation, Sigrid Rausing Trust, Trust for Civil

Society in CEE

Domestic donors: law firms, individual donors, some

corporations (CSR practices)

International organizations: European Union, EFTA, Swiss

Cooperation Fund

Special status of NGOs1% of tax from individuals

usually most advanced and strategic activities need long-term

financing in order to be effective


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Thank you for attention

Adam Bodnar, Ph.D., LL.M.

Helsinki Foundation for Human Rights

Ul. Zgoda 1100-018 Warsaw, Poland

a. [email protected]

role ngos poznan 2010

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