Full Thesis Book Kanaale

‫ِيم‬
ِ ‫الرح‬ َّ ‫ِب ْس ِم اللَّـ ِه‬

َّ ‫الر ْح َم ٰـ ِن‬
Jaamacadda Ummadda ‫الجــــامـــعـة الـــوطــنـيـة‬

Soomaaliyeed ‫الصــــــــومــالـــيــــــة‬
Somali National University
FACUTY OF LAW
THESIS TITLE
THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) ON
GLOBAL GOVERNANCE AND THEIR LEGAL STATUS UNDER
INTERNATIONAL LAW
Abdulkadir Abdi Ahmed “Kanaale”
ID# B4LW217
THESIS SUBMITTED IN PARTIALL FULLFILMENT FOR THE

REQUIREMENT OF THE AWARD OF BACHELOR DEGREE
OF LAW AT SOMALI NATIONAL UNIVERSITY (SNU).
December, 2021
i
DECLARATION
I officially declare that this research is not a copy of someone else's work. This entire
study endeavour was completed by me, and I properly recognized the sources of
information. Except as noted in the footnotes, this is the result of my study. The thesis
has not been accepted for any degree and is not being submitted for any other degree
at the same time.
Name:
Abdulkadir Abdi Ahmed ―Kanaale‖
Signature:
___________________
Date: _____/_____/ 2021
i
SUPERVISOR PPROVAL
I certify that this research study satisfies the criteria for the award of a bachelor
degree in law at Somali National University in part (SNU).
Supervisor
Mr. Mohamed Khadar Ahmed Dufle
Signature:
____________________
Date: ____ /____ /2021
ii
FACULTY APPROVAL
This thesis is submitted in partial completion of the requirements for the Somali
National University (SNU) Laurea Degree in Law.
Academic year:
2021-2022
Dean of Faculty:
Prof. Abdullahi Omar Abdulle
Signature
____________________________
Date: ____/_____/2021
iii
DEDICATION
This work is dedicated in particular to my loving mother and father, who have shown
me the greatest love, mercy, support, encouragement, nourishment, happiness, and
protection from bad things, as well as teaching me and showing me tremendous
admiration. I also thank my wonderful brothers for their drive, expertise, and
direction, without which I would not be able to achieve my goals and be the best I
could be.
iv
ACKNOWLEDGEMENT
In the name of Allah the Most Gracious and Merciful, Alhamdulillah,

all compliments and thanks to Allah, for His strength and grace in finishing this resear
ch project. With the help and encouragement of many individuals, including my frien
ds, colleagues, and several institutions, this research has been kept on track and compl
eted. At the conclusion of my research, I'd like to express my gratitude to everyone w
ho helped make my thesis possible and an unforgettable experience for me.To express
my gratitude to everyone who helped make this study a success in so many ways and
made it an unforgettable experience for me. First and foremost, I express my gratitude
to Mr. Mohamed Khadar Ahmed Dufle, my mentor, for providing the necessary infra
structure and resources for me to complete my research. Without his advice, support,
and encouragement, this effort would not have been possible. I overcame many obstac
les and learned a great deal under his guidance. I'll never forget how hard he worked.
He used to go over my thesis progress, make helpful comments, and correct my mista
kes. I was always inspired by his unwavering courage and conviction. Finally, I'd like
to express my gratitude to my family and friends. You were all assisting me in some
way, so thank you all.
v
ABSTRACT
The main objective of the study as the Role of Non-Governmental Organizations

(NGOs) on global governance and their legal status under International Law and
the research specific objectives of the study were to determine the Role of Non-
Governmental Organizations in the Process of International Treaty Making
(such as Non-Governmental Organizations and their Status under International law,
and International Treaties and the Influence of Non-Governmental Organizations); to
analyze the Role Of Non-Governmental Organizations (NGOs) In Strengthening
Civil Society And Democratic Development; and to identify how Non-
Governmental Organizations (NGOs) Shape Global Governance. The research
design was explanatory research design, data was collected quantitative method.
Questionnaire was used to collect data with sample size and 100 population and 80
sample size of the respondents that are use the online sample size calculator for
sample size determination. The data was collected using frequency table and figure
with SPSS version 20 was used to analyse the data. The data was collected using
frequency table and figure with SPSS version 20 was used to analyse the data. The
study was benefitted by future researchers in that, it was act as a source of literature
and also a guideline for them to follow in the subsequent studies on the same problem
under investigations. The result and findings in the background information of the
respondents who took part in the study were the following: the majority of the
respondents were male (61.2%). and the majority of age respondents were 22- 30
years (76.25 %.). The major marital status of the respondents was single (57.5%).
Majority of educational level of respondents were a bachelor (75.0%), the majority of
respondents for level of experience was less than 2 years in experience (48.75 %.). In
conclusion during this research the study revealed that the Role of Non-Governmental
Organizations (NGOs) on global governance and their legal status under International
Law. Furthermore, the study found that Non-Governmental Organizations (NGOs)
has faces challenges, some of the most common challenges are difficulties in
obtaining funds, lack of proper networking, lack of governance and lack of
accountability.
vi
CONTENTS
DECLARATION ..............................................................................................................................i
SUPERVISOR PPROVAL ...............................................................................................................ii
FACULTY APPROVAL .................................................................................................................. iii
DEDICATION .............................................................................................................................. iv
ACKNOWLEDGEMENT ................................................................................................................ v
ABSTRACT .................................................................................................................................. vi
LIST OF TABLES ..................................................................................................................... x
LIST OF FIGURES ................................................................................................................. xiii
CHAPTER ONE: INTRODUCTION ................................................................................................ 1
1.0. INTRODUCTION ......................................................................................................... 1
1.1. BACKGROUND OF THE STUDY ................................................................................... 1
1.2. PROBLEM STATEMENT ............................................................................................ 10
1.3. THE OBJECTIVE OF THE STUDY ...................................................................... 12
1.3.1. GENERAL OBJECTIVE ................................................................................ 12
1.3.2. SPECIFIC OBJECTIVES ............................................................................... 12
1.4. RESEARCH QUESTIONS ..................................................................................... 12
1.5. SIGNIFICANCE OF THE STUDY ........................................................................ 12
1.6. SCOPE OF THE STUDY: ...................................................................................... 13
1.6.1. CONTENT SCOPE ......................................................................................... 13
1.6.2. TIME SCOPE .................................................................................................. 13
1.6.3. GEOGRAPHICAL SCOPE ............................................................................. 13
1.7. OPERATIONAL DEFINITIONS OF KEY TERMS .............................................. 13
CONCEPTUAL FRAMEWORK ........................................................................................ 15
CHAPTER TWO: LITERATURE REVIEW ..................................................................................... 16
2.0. INTRODUCTION ................................................................................................... 16
2.1. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS IN THE
PROCESS OF INTERNATIONAL TREATY MAKING .................................................. 16
2.1.1. NON-GOVERNMENTAL ORGANIZATIONS AND THEIR STATUS
UNDER INTERNATIONAL LAW ................................................................................ 16
2.1.2. INTERNATIONAL TREATIES AND THE INFLUENCE OF NON-GOVERNMENTAL
ORGANIZATIONS.............................................................................................................. 20
2.2. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) IN
STRENGTHENING CIVIL SOCIETY AND DEMOCRATIC DEVELOPMENT ........... 21
vii
2.3. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) SHAPE
GLOBAL GOVERNANCE ................................................................................................ 24
2.3.1. NGOS AND DIPLOMACY ............................................................................ 29
CHAPTER THREE: METHODOLOGY ................................................................................ 31
3.0. INTRODUCTION ................................................................................................... 31
3.1. RESEARCH DESIGN............................................................................................. 31
3.2. POPULATION OF THE STUDY ........................................................................... 31
3.3. STUDY AREA ........................................................................................................ 31
3.4. SAMPLE SIZE DETERMINATION ...................................................................... 31
3.5. SAMPLING PROCEDURE .................................................................................... 32
3.6. DATA COLLECTION INSTRUMENT ................................................................. 32
3.7. DATA COLLECTION PROCEDURE ................................................................... 32
3.8. DATA ANALYSIS ................................................................................................. 32
3.9. INCLUSION AND EXCLUSION CRITERIA ....................................................... 33
3.10. VALIDITY AND RELIABILITY TEST ............................................................ 33
3.11. ETHICAL CONSIDERATIONS RESPECT: ..................................................... 33
CHAPTER FOUR: RESULTS AND DISCUSSION .............................................................. 34
4.0. INTRODUCTION ................................................................................................... 34
4.1. DEMOGRAPHIC DATA ........................................................................................ 34
4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS ............................................... 39
4.2. FINDING ................................................................................................................... 55
4.2.1. PERSONAL INFORMATION OF THE RESPONDENTS............................ 55
4.2.2. OBJECTIVE ONE: THE ROLE OF NON-GOVERNMENTAL
ORGANIZATIONS (NGOS) IN THE PROCESS OF INTERNATIONAL TREATY
MAKING......................................................................................................................... 56
4.2.3. OBJECTIVE TWO: THE ROLE OF NON-GOVERNMENTAL
ORGANIZATIONS (NGOS) IN STRENGTHENING CIVIL SOCIETY AND
DEMOCRATIC DEVELOPMENT. ............................................................................... 56
4.2.4. OBJECTIVE THREE: THE ROLE OF NON-GOVERNMENTAL
ORGANIZATIONS (NGOS) SHAPE GLOBAL GOVERNANCE. .............................. 57
4.3. DISCUSSIONS ....................................................................................................... 58
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS ...................................... 61
5.0. INTRODUCTION ....................................................................................................... 61
5.1. CONCLUSION ....................................................................................................... 61
5.2. RECOMMENDATIONS ........................................................................................ 64
REFERENCES ........................................................................................................................ 66
viii
APENDIX (A) QUESTIONNAIRE ........................................................................................ 69
APENDEX (B) WORK PLAN ............................................................................................... 77
APPENDIX (C) BUDGET ...................................................................................................... 78
APPENDIX (D) NGOS SHAPE GLOBAL GOVERNANCE ................................................ 79
ix
LIST OF TABLES
TABLE 4.1 SHOWS GENDER OF THE RESPONDENTS ........................................ 34
TABLE 4.2 SHOWS AGE OF THE RESPONDENTS ............................................... 36
TABLE 4.3 SHOWS THE MARITAL STATUS OF THE RESPONDENTS ............. 36
TABLE 4.4 SHOWS THE EDUCATIONAL LEVEL OF THE RESPONDENTS ..... 37
TABLE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS ............ 38
4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS ........................................ 39
Table 4.6 shows that: Article 71 of the UN Charter says that the Economic and
Social Council ―may make suitable arrangements for consultation with non-
governmental organizations (NGOs) which are concerned with matters within its
competence.‖ So that, NGOs contribute to the work of the U.N. ................................. 39
Table 4.7 shows that: Non-governmental organizations (NGOs) play an

increasingly important role not only as international political actors but also as
organizations involved in the creation, implementation and enforcement
of international law. ... Until now, NGO rules have developed organically within
each organization, treaty body or international court. ................................................... 40
Table 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a

profound influence on the scope and dictates of international law. NGOs have
fostered treaties, promoted the creation of new international organizations (IOs). ...... 41
Table 4.9 shows that: Non-governmental organizations (NGOs) have become real
actors in international law in proposing and negotiating new standards, such as the
implementation and control of international environmental law. ... They participate,
thus, in promoting values of international environmental law, such as sustainable
development and risk control activities. ........................................................................ 42
Table 4.10 shows that: NGOs have been characterized as the 'lynchpins' (backbone)
of the international system, for their role in mobilizing public support and providing
information on issues where states cannot or will not act. ... NGOs' use of
information is important in the implementation and monitoring of states'
compliance with international law. ............................................................................... 43
Table 4.11 shows that: Non-governmental organizations (NGOs) ensure

development which essentially involves the equal participation of the people. They
x
have played an important role in the protection of human rights, and also educating
and motivating people to fight for their rights. The NGOs help the victim of human
right violation by providing them assistance and advice. The NGOs have filed
cases, writ petitions and public interest litigation on behalf of victims and public at
large for protection of human rights. ............................................................................. 44
Table 4.12 shows that: Non-governmental organizations (NGOs) strengthened the

role of government by aiding various services that the government may not be in a
position to cover or is facing inadequacies. NGOs help the government achieve its
vision and mission to serve society. .............................................................................. 46
Table 4.13 shows that: Non-governmental organizations (NGOs) activities include,

but are not limited to, environmental, social, advocacy and human rights work.
They can work to promote social or political change on a broad scale or very
locally. NGOs play a critical part in developing society, improving communities,
and promoting citizen participation............................................................................... 47
Table 4.14 shows that: Non-governmental organizations (NGOs) act as planners

and implementers of developmental plans in rural development. They help in
mobilizing the local resources to be used for development. NGOs help in building a
self-reliant and sustainable society. These agencies play the role of mediator
between people and government. .................................................................................. 48
Table 4.15 shows that: Non-governmental organizations (NGOs) help democracy

work properly. They do this by making it easier for people to get information about
how their country is being run, helping the public communicate with politicians,
and making sure that governments do not abuse their powers. ..................................... 49
Table 4.16 shows that: Non-governmental organizations (NGOs)

extremely enhance the flow of information in global governance. They report
information about domestic politics to the world beyond a nation's borders, and, in
the reverse direction, they bring global concerns and perspectives to the national
and local levels. ............................................................................................................. 50
Table 4.17 shows that: Non-governmental organizations (NGOs) play an important

role in global social development work that has helped facilitates achievements in
human development as measured by the UN Human Development Index (HDI).
xi
One of the major strengths of NGOs is their ability to maintain institutional
independence and political neutrality. ........................................................................... 51
Table 4.18 shows that: The many changes underway worldwide where non-
governmental organizations (NGOs) of all kinds increasingly play an influential
role in international affairs. So now it is just not that much of a stretch to envision
those individuals representing their NGOs as effectively taking up a diplomatic
role................................................................................................................................. 52
Table 4.19 shows that: Non-governmental organizations (NGOs) are playing an

increasingly significant role in global governance, whether participating in the
United Nations system or bringing global concerns to the domestic level. From
local to global, NGOs are now an essential aspect of a variety of systems. ................. 53
Table 4.20 shows that: Some NGO activists naively assert that Non-governmental
organizations (NGOs) can act as the "voice of the people," calling governments to
account and extending democracy to global diplomacy. .............................................. 54
xii
LIST OF FIGURES
FIGURE 4.1 SHOWS GENDER OF THE RESPONDENTS ...................................... 35
FIGURE 4.2 SHOWS AGE OF THE RESPONDENTS .............................................. 35
FIGURE 4.3 SHOWS MARITAL STATUS OF THE RESPONDENTS. ................... 37
FIGURE 4.4 SHOWS EDUCATIONAL LEVEL OF THE RESPONDENTS. ........... 38
FIGURE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS. ......... 39
4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS ........................................ 39
Figure 4.6 shows that: Article 71 of the UN Charter says that the Economic and
Social Council ―may make suitable arrangements for consultation with non-
competence.‖ So that, NGOs contribute to the work of the U.N. ................................. 40
Figure 4.7 shows that: Non-governmental organizations (NGOs) play an

of international law........................................................................................................ 41
Figure 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a

fostered treaties, promoted the creation of new international organizations (IOs). ...... 42
Figure 4.9 shows that: Non-governmental organizations (NGOs) have become real
development and risk control activities. ........................................................................ 43
Figure 4.10 shows that: NGOs have been characterized as the 'lynchpins'
(backbone) of the international system, for their role in mobilizing public support
and providing information on issues where states cannot or will not act. ... NGOs'
use of information is important in the implementation and monitoring of states'
compliance with international law. ............................................................................... 44
Figure 4.11 shows that: Non-governmental organizations (NGOs) ensure

xiii
right violation by providing them assistance and advice. The NGOs have filed
cases, writ petitions and public interest litigation on behalf of victims and public at
large for protection of human rights. ............................................................................. 45
Figure 4.12 shows that: Non-governmental organizations (NGOs) strengthened the

vision and mission to serve society. .............................................................................. 47
Figure 4.13 shows that: Non-governmental organizations (NGOs) activities include,

They can work to promote social or political change on a broad scale or very
locally. NGOs play a critical part in developing society, improving communities,
and promoting citizen participation............................................................................... 48
Figure 4.14 shows that: Non-governmental organizations (NGOs) act as planners

self-reliant and sustainable society. These agencies play the role of mediator
between people and government. .................................................................................. 49
Figure 4.15 shows that: Non-governmental organizations (NGOs) help democracy

and making sure that governments do not abuse their powers. ..................................... 50
Figure 4.16 shows that: Non-governmental organizations (NGOs)

and local levels. ............................................................................................................. 51
Figure 4.17 shows that: Non-governmental organizations (NGOs) play an important

human development as measured by the UN Human Development Index (HDI).
One of the major strengths of NGOs is their ability to maintain institutional
independence and political neutrality. ........................................................................... 52
xiv
Figure 4.18 shows that: The many changes underway worldwide where non-
governmental organizations (NGOs) of all kinds increasingly play an influential
role in international affairs. So now it is just not that much of a stretch to envision
those individuals representing their NGOs as effectively taking up a diplomatic
role................................................................................................................................. 53
Figure 4.19 shows that: Non-governmental organizations (NGOs) are playing an

United Nations system or bringing global concerns to the domestic level. From
local to global, NGOs are now an essential aspect of a variety of systems. ................. 54
Figure 4.20 shows that: Some NGO activists naively assert that Non-governmental
account and extending democracy to global diplomacy. .............................................. 55
xv
CHAPTER ONE: INTRODUCTION
1.0. INTRODUCTION
This chapter is linked to the Role of Non-Governmental Organizations (NGOs) on

global governance and their legal status under International Law. It includes the
introduction of the research, including the background of the study, problem statement,
and objectives of the study, research questions, and significance of the study, scope of the
study, operational definitions of key term and conceptual framework of the study.
1.1. BACKGROUND OF THE STUDY
International non-governmental organizations have a history dating back to at least 1839.

It has been estimated that by 1914 there were 1083 NGOs. International NGOs were
important in the anti-slavery movement and the movement for women's suffrage, and
reached a peak at the time of the World Disarmament Conference. However, the phrase
"non-governmental organization" only came into popular use with the establishment of
the United Nations Organization in 1945 with provisions in Article 71 of Chapter 10 of
the United Nations Charter for a consultative role for organizations which are neither
governments nor member states—see Consultative Status. The definition of
"international NGO" (INGO) is first given in resolution 288 (X) of ECOSOC on
February 27, 1950: it is defined as "any international organization that is not founded
by an international treaty". The vital role of NGOs and other "major groups" in
sustainable development was recognized in Chapter 27 of Agenda 21, leading to intense
arrangements for a consultative relationship between the United Nations and non-
governmental organizations. Rapid development of the non-governmental sector occurred
in western countries as a result of the processes of restructuring of the welfare state.
Further globalization of that process occurred after the fall of the communist system and
was an important part of the Washington consensus. Globalization during the 20th
century gave rise to the importance of NGOs. Many problems could not be solved within
a nation. International treaties and international organizations such as the World Trade
Organization were perceived as being too centered on the interests of capitalist
enterprises. Some argued that in an attempt to counterbalance this trend, NGOs have
1
developed to emphasize humanitarian issues, developmental aid and sustainable
development. A prominent example of this is the World Social Forum, which is a rival
convention to the World Economic Forum held annually in January in Davos,
Switzerland. The fifth World Social Forum in Porto Alegre, Brazil, in January 2005 was
attended by representatives from more than 1,000 NGOs. Some have argued that in
forums like these, NGOs take the place of what should belong to popular movements of
the poor. Others argue that NGOs are often imperialist in nature, that they sometimes
operate in a radicalized manner in third world countries, and that they fulfill a similar
function to that of the clergy during the high colonial era. The philosopher Peter
Hallward argues that they are an aristocratic form of politics. Whatever the case, NGO
transnational networking is now extensive, (Dr. Alok Verma / 2021).
While the history of NGOs in Africa can thus be traced back to the colonial period, it was
in the 1980s that they were increasingly recognized as important institutions in the
broader development and aid sectors in Africa as well as elsewhere (see Brodhead 1987:
2; Doh and Teegan 2003: 2; Srinivas 2009: 614; Welch 2001: 1).
The ‗magic bullet phase‘, as it has been referred to by Lewis and Kanji (2009), came as a
result of NGOs attracting greater recognition and increasingly forming part of
mainstream development policy all over the world. During the Cold War, many powerful
states favored channeling aid through the state, as this allowed them to use aid for
leverage. With the end of the Cold War, the need to use aid as leverage was somewhat
reduced. Thus, bilateral and multilateral donors who had previously channeled funds
through states shifted towards a new policy agenda that looked towards providing aid
through private organizations. Furthermore, the 1980s saw increasing global support for
neoliberal policies. Neoliberalism, in brief, is an approach that opposes state intervention
in the economy in favor of self-regulating markets (Thorsen and Lie 2007).
The adoption of neoliberal policies led to a decrease in state provision of social services,
which left a gap in society that has increasingly been occupied by private social agents,
such as NGOs. In the case of Africa, the indebtedness of African states gave international
organizations the leverage they needed to push for the adoption of neoliberal policies
(Manji and O‘Coill 2002: 578).
2
International financial institutions adopted the view that Africa‘s lack of ‗development‘
was best addressed through the introduction of so-called structural adjustment
programmers (SAPs) that were subsequently imposed on several African countries. SAPs
encouraged a reduced role for the state. As a result of this ‗rolling back‘ of the state, the
influence of NGOs grew tremendously, and many countries became increasingly
dependent on these organizations for the provision of goods that had previously been
provided by the state (Heinrich 2001: 10; Manji and O‘Coill 2002: 578; Matanga 2010:
115; Shivji 2007: viii). By the 1990s, the NGO sector had grown considerably and NGO-
led development was increasingly considered the main alternative to state-led
development. As a result of this, NGOs continued to grow in capacity and influence
(Drabek 1987: x; Lancaster 1999: 228).
However, there is evidence, as discussed above, that the recent financial crisis has slowed
the growth of NGOs somewhat. Furthermore, this financial crisis has called into question
the neoliberal orthodoxy that led to the shift away from funding the state towards a
preference for aiding NGOs and other non-state actors, and this could potentially slow the
growth of NGOs both on the continent and worldwide. Another recent challenge to
NGOs is seen in the increased influence of alternative forms of organization evident in
both the Occupy movement and the Arab Spring. While NGOs have long portrayed
themselves as being the mouthpieces of the excluded and marginalized, the Arab Spring
and the various Occupy protests were driven by what Bayet (2013: 588–9) calls ‗non-
movements‘, with NGOs playing little, if any, role.
Similarly, Veneklasen (2011) speaks of the role of ‗Facebook revolutions‘ and ‗leaderless
movements‘, highlighting how different these forms of organization are to the operation
of NGOs, which she derides as entailing a ‗handful of sharp professionals and policy
talking points, a wonkish celebrity and clever slogans‘ rather than solid organizing,
mobilizing and consciousness raising. It is clear that many question the idea that NGOs
are capable of advancing the interests of those neglected or oppressed by the state. While
the relevance of NGOs has thus been rightfully questioned and challenged (and will be
further questioned and challenged in this book), their ubiquity and influence throughout
Africa and beyond cannot be denied. NGOs are undeniably powerful actors with access
3
to large sums of donor money and with a prominent voice in continental and international
discussions about development, economic growth, human rights and other issues related
to social justice, (Matthews, S. / 2017).
Somalia: NGOs were established in the early 1990s, a period of rampant anarchy and
lack of government. Thereafter they have been part of civil society organizations that
played crucial roles in conflict resolution and in the process of pacification, deploying
both modern and traditional methods. NGOs have been capable of digging wells or
building schools in rural areas as well as share their counseling with the traditional elders
in the area. This increases the sustainability of their products and services and prevents
conflict. One of the memorable peace building exercises that NGOs achieved was the
2000 Arta Somali Conflict resolution held in Djibouti, when Abdikassim Salat Hassan
was elected transitional president by various clan leaders. Other crucial and sustainable
peace building activity occurred in Northwest Somalia, influenced by several actors. This
region that declared itself as the independent country of Somaliland on 18 May 1991
blew up when different clans started to fight. The peace and administration that they have
today were achieved through traditional mechanisms with elders (Guurti) leading the
process. NGOs also played a crucial role in peace building in this region. Their actions
included negotiation, facilitation, mediation, etc. For the sustainability of peace in
Somaliland NGOs built strategies to increase the capacity of civil society organizations,
including women‘s groups, elders, youth and students. In the South Central region, where
anarchy and conflict became part of life, NGOs used a strategy of inclusion of different
social sectors. Some NGOs such as Somali Peace Line started peace developing
workshops in schools and trained students and teachers in peace and conflict issues.
Other organizations striving for the same goals include Save Somali Women and
Children (SSWC), Reconciliation and Dialogue Center (RDC), Women‘s Development
Organization (IIDA) and Peace and Human Rights Network (PHRN). SOCDA‘s (Somali
organization for Community Development Activities) role includes holding workshops
on peace for students and youth in Mogadishu and Bosaso, advocacy and campaigning.
All of them campaign to raise awareness of the importance of peace, as well as to
eradicate poverty and inequality which are also the root causes of Somali conflict, (Social
Watch / 2010, April 22).
4
The work undertaken by NGOs is wide-ranging but NGO roles can be usefully analyzed
as having three main components: implementer, catalyst, and partner (Lewis, 2007). The
implementer role is concerned with the mobilization of resources to provide goods and
services to people who need them. Service delivery is carried out by NGOs across a wide
range of fields such as healthcare, microfinance, agricultural extension, emergency relief,
and human rights. This role has increased as NGOs have been increasingly ―contracted‖
by governments and donors with governance reform and privatization policies to carry
out specific tasks in return for payment; it has also become more prominent as NGOs are
increasingly responding to man-made emergencies or natural disasters with humanitarian
assistance. The catalyst role can be defined as an NGO‘s ability to inspire, facilitate or
contribute to improved thinking and action to promote social transformation. This effort
may be directed towards individuals or groups in local communities, or among other
actors in development such as government, business or donors. It may include grassroots
organizing and group formation, gender and empowerment work, lobbying and advocacy
work, and attempts to influence wider policy processes through innovation, and policy
entrepreneurship. The role of partner reflects the growing trend for NGOs to work with
government, donors and the private sector on joint activities, such as providing specific
inputs within a broader multiagency program or project, or undertaking socially
responsible business initiatives. It also includes activities that take place among NGOs
and with communities such as ―capacity building‖ work which seeks to develop and
strengthen capabilities. The current policy rhetoric of ―partnership‖ seeks to bring NGOs
into mutually beneficial relationships with these other sectors (Lewis, David 2010).
Criticism of NGOs……. Just as misguided as the naive idealism regarding NGOs is the
hostility toward them found among a minority of delegates to the U.N., who argue that
NGOs are arrogant and unrepresentative. Some delegates from democracies say NGOs
have little legitimacy when compared to governments acting as the voice of their voters.
Other delegates from authoritarian regimes say diplomacy is the prerogative of sovereign
states and that NGOs have no legitimate role to play in global policymaking. In practice,
a few NGO leaders may be arrogant, but the great majority is not. A few represent no
more than themselves, but the majority of them speaks for a significant constituency. The
accusation that NGOs are Northern is particularly peculiar. It is mainly based on the fact
5
that most global NGOs have their headquarters in Europe. But many organizations based
in London, Brussels, Paris or Geneva could just as easily be called Southern, because the
majority of their members are from developing countries. In reality, there are far more
Southern NGOs than there are Northern NGOs, and they are active on all global issues.
The only difference is that Southern NGOs are less likely to have the resources to act
independently at the global level. As a result, they are more likely to act through their
membership of an international NGO or a transnational network (Willetts, P. / 2011).
Many attempted to define NGOs in such a way that made sense to them. For instance,
Martens (2002: 282) defined NGOs as ―formal (professionalized) independent societal
organizations whose primary aim is to promote common goals at the national or the
international level. Vakil (1997:2060) defined NGOs as ―self-governing, private, not –
for- profit organizations that are geared to improving the quality of life for disadvantaged
people. Interestingly, despite the efforts of research in this sector, there is no agreement at
an international level or at an interdisciplinary level on a definition which can precisely
analyses what constitutes a NGO (Lewis, 2001, 2010; Martens, 2002; Muukkonen, 2009).
One reason cited for this disagreement is the diversity that exists within the sector and
different societal contexts that make the generalization problematic (Lewis, 2010). At one
level, the terminological issues were blamed for this definitional problem as concepts are
not value free and are contextualized in the cultural and disciplinary milieu (Muukkonen,
2009).Corry (2011) argued that at a disciplinary level, economic approach to NGOs
emphasize the non-distribution of the profit generated and a sociological approach to
NGOs focuses on the motivation of the participant driven by the values that exist in the
particular society. Authors classified definitional approaches differently. An earlier
attempt of Salamon and Anheier (1992a) to define NGOs revealed that definitions were
either legal (referring to the registration and status), economic (referring to the source of
the resources) or functional (referring to the type of activities undertaken). Martens
(2002) divided the definitional attempts into judicial and sociological approaches.
Martens (2002) summarized that the judicial approaches focus on the legal status of
NGOs in the national and international context and sociological approaches emphasize
the structure and functions of NGOs. Lewis (2007) also shared a similar division such as
a legal definition that focuses on a general view of NGOs and a developmental view that
6
focuses on NGOs concerns with social and economic changes. Corry (2011) classified
the definitions into American and European views that attempted to understand the NGO
institutions with special features of the third sector organizations. Corry (2011: 11)
argued that the American view sees NGOs as – a discrete sector characterized by certain
qualities such as civility, whereas the European hybrid view sees them as – mixtures of
other kinds of social organization such as private and public, or hierarchic and anarchic.
The following discussion offers some examples of these various approaches to defining
NGOs (Albert Kuruvila, 2015).
Legal Definitions: According to Anheier (2005), the most straight forward definitions of
NGOs are legal definitions in any country. Legal definitions establish that NGOs are
organizations that take a legal form such as a charity, society, trust or organizations that
are exempted from taxes (Salamon et al., 2003). Although the legal definitions establish
the validity and what constitutes a NGO in a particular country in accordance with the
laws prevailing in that country, they could be confusing when a number of laws exist for
registration for organizations with the same purpose. They are also irrelevant in
comparative contexts as different countries have different legal traditions (Anheier, 2005;
Salamon et al., 2003).
Functional Definitions: The focus of functional definitions is based on the purpose of

organizations and they are defined on the notion of charity, civil society or not-for-profit.
They normally state that NGOs are organizations that promote public good, carry out
activities that serve public interest such as poverty reduction, protection of children and
aged and promotion of public health (Anheier, 2005; Salamon et al., 2003). The idea of
public benefit is a core notion in functional definitions and offers a clear view on the
purposes. However, people may have different ideas about what constitutes a valid public
purpose as distinct from the legal notions as stated in the Charities Act 2005. Salamon et
al. (2003) argued that pursuit of public purpose by definition makes it impossible to
disprove (Albert Kuruvila, 2015).
Economic Definitions: The economic definitions emphasize the source of funding

resources and differentiate the NGO sector from other sectors by arguing that NGOs are
organizations that do not receive their income from the market or through government
7
support or taxation. They rather receive revenue from voluntary contributions of their
members or from private philanthropy (Anheier, 2005; Salamon et al., 2003). In practice
their productive activities are bound to generate either surpluses or deficits but any
surpluses they happen to make cannot be appropriated by other institutional units. This
definition focused on the common feature that NGOs do not distribute their profits (UN,
2003) and they are defined as residual economic entities (Anheier, 2005). In a sense they
are the left over organizations after corporations, government units and household units
are identified in the system of national accounts. While economic definitions provide an
understanding about the nature of NGOs as nonprofit distributing economic units, they
were criticized for their rigid focus on the financial behavior of NGOs and for their lack
of attention to other important aspects such as volunteerism and social mission (Anheier,
2005; Salamon et al., 2003). The structural operational definition of NGOs was suggested
as an alternative to limitations of legal, functional and economic definitions (Albert
Kuruvila, 2015).
The Structural-Operational Definition: This literature review on NGOs has revealed that
the most frequently referred definition in the research on the NGO sector is the structural
operational definition, initially conceptualized by Salamon and Anheier (1992b) as part
of the seminal nonprofit sector comparative research project undertaken by the Centre for
Civil Society Studies at John Hopkins University, Baltimore, USA. The structural
operational definition emphasizes the basic structure, common features and operation of
NGOs instead of the purpose or the revenue structure as focused in functional and
economic definitions. According to the structural operational definition, NGOs are
organizational entities with five basic features (Salamonet al., 1999: 3-4, 2003: 7-8): 1)
Organizations, i.e., they have an institutional presence and structure; 2) Private, i.e., they
are institutionally separate from the state; 3) Not profit distributing, i.e., they do not
return profits to their managers or to a set of – owners; 4) Self-governing, i.e., they are
fundamentally in control of their own affairs; and 5) Voluntary, i.e., membership in them
is not legally required and they attract some level of voluntary contribution of time or
money. Salamon et al. (2003) argued that the basic attributes of NGOs as identified in the
structural operational definition make it different from other definitions. For instance,
they argued that the term organizations includes both formal (registered) and informal
8
(nonregistered) organizations and thus covers the NGOs not covered under legal
definitions. The attribute of private essentially outlines that NGOs are structurally
different from government even if they receive support from government. In this context,
this definition is different from economic definitions as they exclude organizations from
the NGO sector if they receive significant government support. The criterion of nonprofit
distributing implies that they can generate profit in the course of their operations, but they
need to be utilized for achieving organizational objectives instead of distributing profit to
the directors. This indicates the notion of public purpose as discussed in a functional
definition, but without the trouble to specify the meaning of public purpose (Salamon et
al., 2003).
The international recognition for this definition can be seen in the United Nations (2003)
Handbook on Non Profit Institutions in the System of National Accounts. It introduced a
simplified version of the structural–operational definition that suggests NGOs are ―a)
organizations; that b) are not-for-profit and, by law or custom, do not distribute any
surplus they may generate to those who own or control them; c) are institutionally
separate from the government; d) are self-governing; and e) are noncompulsory (UN,
2003: 17). The last criterion voluntary ‗in a structural operational definition is replaced
with non-compulsory‘ in the UN definition and means that – membership and
contributions of time and money are not required or enforced by law or otherwise made a
condition of citizenship…organizations in which membership, participation or support is
required or otherwise stipulated by law or determined by birth (e.g., tribes or clans)
would be excluded from the non-profit (UN, 2003: 20). Anheier (2005) concluded that
this UN definition is a good compromise with the economic definitions (Albert Kuruvila,
2015).
The structural operational definition had been empirically tested and validated through an
inductive approach in 35 countries through John Hopkins Comparative non-profit sector
project and thus can be claimed as the most accepted working definition of NGOs. While
this definition has a global acceptance for its ―cross cultural rigour (Lewis, 2007: 47) in
measuring the observable features of NGOs, it is not free from criticisms. The issues
raised by Kenny (2013) deserve special mention here due to the ambiguity around the
9
suggested nature and attributes of NGOs by various definitions. Kenny (2013) argued
that there are four issues with these features. Firstly, also shared by Lewis (2007), the
feature of non-profit distributing excludes key players in social economy such as
cooperatives and mutual aid societies in many countries as they generate profit. These
organizations are voluntary, self-governing and involved in social development.
Secondly, there is an issue with the notion of boundaries as state and market sectors
overlap with third sector organizations especially when NGOs are involved in
entrepreneurship activities and act as a service delivery contractor for government. The
third issue is with the notion of NGOs having an institutional presence and structure as
the NGO sector largely consists of loosely structured small scale organisations. Finally,
the meaning of the term voluntary raises some questions as it is not clear whether the
organisation, its activities or the participants are voluntary (Kenny, 2013). Anheier (2005)
argued that different definitions cater to different purposes and they are neither true nor
false, however they should be judged by their usefulness in providing a better
understanding of the reality. He also argued that the United Nations definition would gain
acceptance over and above any other definitions for its international nature and
comparative advantage while, legal definitions make their relevance at the national level,
and serve as key elements in policy debates (Anheier, 2005).Despite these valid
challenges, all these definitions offer helpful insights into the nature and various
attributes of NGOs (Albert Kuruvila, 2015).
1.2. PROBLEM STATEMENT
All of the participating organizations face challenges in a dynamic and competitive envio
nment. Nongovernmental organizations, on the other hand, confront unique challenges du
e to their nature.The following are some of the most common challenges:
Difficulties in obtaining funds: The majority of non-governmental organizations

(NGOs) have had difficulty obtaining sufficient and ongoing funding to carry out their
missions. Getting donors is difficult, and dealing with the funding requirements of a
single donor can be a huge burden for NGO's. Furthermore, the majority of non-
10
governmental groups rely heavily on donor finances, making them even more vulnerable
to donor behaviour.
Lack of proper networking: Networking can be problematic for some NGOs. Having a
poor network with pairs can lead to a lack of communication; if non-governmental
organizations do not disclose what they are doing for a specific community, efforts may
be duplicated; conflicts over how a particular problem should be addressed in a region
may arise; and they may miss out on learning best practices from other NGOs.
Lack of governance: many non-governmental organizations do not have a board of

directors. One of the key reasons for this is that it is hard to contact board members
without paying them or providing them with some advantages. Although having a Board
is one of the greatest methods to establish excellent governance, a substantial proportion
of NGOs lack a deep understanding of governance and do not believe it is relevant to
their organizations. Furthermore, some non-governmental organizations mismanage their
funds because they spend the funds according to the NGOs' owners' directions, without
sufficient accounting and analysis.
Lack of accountability: The requirement for NGOs to build up systems to assess their
own performance and assure the quality of their work is related to accountability. The
establishment of monitoring systems and other forms of control by the NGO community
at the national and local levels will aid in the prevention of the creation of "fly-by-night"
or "false" NGOs.
Non-governmental organizations (NGOs) face numerous challenges; however, one of the

most important steps in overcoming these obstacles is identifying the challenges that an
organization faces, as well as the areas where there is room for improvement. Once these
key areas have been identified, organizations can develop a plan to improve and,
hopefully, overcome the obstacles they face.
11
1.3. THE OBJECTIVE OF THE STUDY
1.3.1. GENERAL OBJECTIVE
The Role of Non-Governmental Organizations (NGOs) on global governance and their

legal status under International Law.
1.3.2. SPECIFIC OBJECTIVES
 To determine the Role of Non-Governmental Organizations in the Process of

International Treaty Making.
 To analyze the role of Non-Governmental Organizations (NGOs) In Strengthening
Civil Society and Democratic Development.
 To identify how Non-Governmental Organizations (NGOs) Shape Global
Governance.
1.4. RESEARCH QUESTIONS
 What is the Role of Non-Governmental Organizations in the Process of

International Treaty Making?
 How does The Role of Non-Governmental Organizations (NGOs) In
Strengthening Civil Society and Democratic Development?
 How Non-Governmental Organizations (NGOs) Shape Global Governance?
1.5. SIGNIFICANCE OF THE STUDY
Future researchers will benefit from this study because it will serve as a source of
knowledge as well as a guideline for them to follow in following studies on the same
subject. The study will be beneficial to both public and private institutions since it raises
awareness of current concerns as well as proper methods for developing long-term
solutions to the problems studied. The local community will also benefit from the study
because it raises awareness of the seriousness of an issue as well as the urgency of
finding a solution.
12
1.6. SCOPE OF THE STUDY:
1.6.1. CONTENT SCOPE
The research focused on the Role of Non-Governmental Organizations (NGOs) on global

governance and their legal status under International Law. The study was specifically
focus on the Role of Non-Governmental Organizations in the Process of International
Treaty Making, such as Non-Governmental Organizations and their Status under
International law, and International Treaties and the Influence of Non-Governmental
Organizations; The Role Of Non-Governmental Organizations (NGOs) In Strengthening
Civil Society And Democratic Development; and how Non-Governmental Organizations
(NGOs) Shape Global Governance.
1.6.2. TIME SCOPE
This research took place from September 1 through December 17, 2021. This is the
amount of time that the university's research board has set aside for the student to
complete their studies.
1.6.3. GEOGRAPHICAL SCOPE
The research was carried out in Mogadishu, Somalia.
1.7. OPERATIONAL DEFINITIONS OF KEY TERMS
Non-Governmental Organizations (NGOs): NGO is a broad term encompassing a wide

array of diverse organizations. The World Bank defines NGOs as "private organizations
that pursue activities to relieve suffering, promote the interests of the poor, protect the
environment, provide basic social services or undertake community development". The
World Bank collaborates with CBOs, national and international NGOs in a variety of
different ways. Achieving the full potential benefits of NGO involvement implies
enhanced roles for NGOs earlier on in the project cycle (World Bank).
Governance / Global Governance: in a globalized world, the concept of governance is

being used to describe the regulation of independent relations in the absence of
overarching political authority, such as international system. Thus Global Governance
can be considered as the management of global processes in the absence of any form of
13
global governance. These are some international bodies which seek to address these
issues and prominent among these are the United Nations (UN) and the World Trade
Organization (WTO). Each of these has met with mixed success in instituting some form
of governance in international relations but is part of recognition of the problem and an
attempt to address worldwide problems that go beyond the capacity of individual states to
solve (David Crowther, & Shahla Seifi / 2011).
Legal Status: Legal status is the status defined by law. It is the standing of an entity. For
example, citizenship and marital status. Citizenship is the status of a citizen with rights
and duties. Marital status is the condition of being married or unmarried. In May v.
Daniels, 359 Ark. 100, 108 (Ark. 2004), the court held ―the term legal status is commonly
used in Arkansas law to classify an individual and identify the legal rights and duties for
such a classification, like the legal status of an invitee or a stepparent (US Legal).
Intergovernmental Organization (IGO): this term refers to an entity created by treaty,

involving two or more nations, to work in good faith, on issues of common interest. In
the absence of a treaty an IGO does not exist in the legal sense. For example, the G8 is a
group of eight nations that have annual economic and political summits. IGOs that are
formed by treaties are more advantageous than a mere grouping of nations because they
are subject to international law and have the ability to enter into enforceable agreements
among themselves or with states (Harvard Law School, 2008, June 30).
Economic and Social Council (ECOSOC), one of the six principal organs of the United
Nations (UN), responsible for the direction and coordination of the economic, social,
humanitarian, and cultural activities carried out by the UN. It is the UN‘s largest and
most complex subsidiary body. The UN charter allows ECOSOC to grant consultative
status to nongovernmental organizations (NGOs). Beginning in the mid-1990s, measures
were taken to increase the participation of such NGOs, and by the early 21st century
more than 2,500 NGOs had been granted consultative status (Britannica, T. Editors of
Encyclopaedia, 2013, July 22).
International Law: also called public international law or law of nations has been
defined as a body of legal rules which regulates or governs relations between
14
international persons (subjects). This contemporary definition of Public International Law
goes beyond the traditional one which defines this law as a body of rules governing
relations between states (Dr. Walid Abdulrahim, 2016, November 8).
CONCEPTUAL FRAMEWORK
Dependent variable (DV) Independent variable (IV)
Non-Governmental International Law

Organizations (NGOs)
1) The Role of Non-Governmental Organizations in the Process of International

Treaty Making.
a) Non-Governmental Organizations and their Status under International
law
b) International Treaties and the Influence of Non-Governmental
Organizations
2) The Role of Non-Governmental Organizations (NGOs) In Strengthening Civil
Society and Democratic Development.
3) The Role of Non-Governmental Organizations (NGOs) Shape Global
Governance.
15
CHAPTER TWO: LITERATURE REVIEW
2.0. INTRODUCTION
The literature on the Role of Non-Governmental Organizations (NGOs) on global

governance and their legal status under International Law is presented in this
chapter. These literatures have been retrieved from a variety of books, papers, journals,
reports, websites and studies related to the same problem at hand. The literature was
specifically focus on the Role of Non-Governmental Organizations in the Process of
International Treaty Making, such as Non-Governmental Organizations and their Status
under International law, and International Treaties and the Influence of Non-
Governmental Organizations; The Role Of Non-Governmental Organizations (NGOs) In
Strengthening Civil Society And Democratic Development; and how Non-Governmental
Organizations (NGOs) Shape Global Governance.
2.1. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS IN THE

PROCESS OF INTERNATIONAL TREATY MAKING
Although Non-Governmental Organizations (NGOs) do not have a legal capacity to

conclude international treaties, they can influence international relations. With their
actions and performance they fill the gaps left by the modern state in the representation of
society‘s aspirations and serving its interests. NGOs are actors who develop their
activities independently from the state and who are able to affect the public opinion
considerably. They have been increasingly expanding their field of activities, including
participation in various international conferences. Basically, they are characterized by
being independent of the state (or in the very least they are supposed to be, ideally), not
having profit and by pursuing, in most cases, well-defined objectives, such as, for
example, environmental and human rights NGOs (Maiara Giorgi / 2018).
2.1.1. NON-GOVERNMENTAL ORGANIZATIONS AND THEIR STATUS

UNDER INTERNATIONAL LAW
Although the sovereign states are not the only entities with international legal personality,
they are the main subjects of international law and also the primary subjects and founders
of the international society. A subject of law in legal science is every person who has
16
rights and duties before certain legal order. International person is, therefore, the recipient
of international legal norms. Besides the states, international organizations are also
accepted as international persons capable of having rights and assume obligations in the
international order, such as the United Nations, among others. These international
organizations, in order to fulfill their duties, must also have international legal personality
(Maiara Giorgi / 2018).
Historically, NGOs have as starting point of their existence the end of the First World
War. Since then, they have been obtaining more space in the global scenario, because
through their actions they have been influencing many negotiations related to a variety of
subjects. Shortly after the Second World War the United Nations Charter was signed
(June 26th, 1945), and in this Charter article 71 is linked to the coining of the term ―non-
governmental organizations (Martens, K. / 2002).
“The Economic and Social Council may make suitable arrangements for consultation
with non-governmental organizations which are concerned with matters within its
competence. Such arrangements may be made with international organizations and,
where appropriate, with national organizations after consultation with the Member of
the United Nations concerned”. (UNs Charter Article 71, 19945).
The United Nations allowed NGOs to be included on a regular basis in international

negotiations. Over the decades, ever more NGOs were awarded consultative status with
the ECOSOC, which is the best entrance card to participation at world conferences
(Dany, C. / 2012).
Consultative Status to the United Nations Economic and Social Council (ECOSOC) is
granted by the United Nations to non-governmental organizations (NGO's) to allow them
to participate in the work of the United Nations (Wikipedia / 2021).
There are 138 organizations in general consultative status, 4,052 in special consultative
status and 971 on the Roster, for a total of 5,161 non-governmental organizations listed.
The consultative status of 1 organization in general consultative status and of 151
organizations in special consultative status is currently suspended (see chap. IV). The
year in which an organization was granted status with the Council is given in parentheses,
17
after the organization‘s name, except where that information is not available (UN.
Secretary-General / 2018).
Consultative Status is divided into three categories: General consultative status, Special
consultative status and Roster status. 1) General consultative status is reserved for large
international NGOs whose area of work covers most of the issues on the agenda of
ECOSOC and its subsidiary bodies. These tend to be fairly large, established
international NGOs with a broad geographical reach; 2) Special consultative status is
granted to NGOs which have a special competence in, and are concerned specifically
with, only a few of the fields of activity covered by the ECOSOC. These NGOs tend to
be smaller and more recently established; 3) Organizations that apply for consultative
status but do not fit in any of the other categories are usually included in the Roster.
These NGOs tend to have a rather narrow and/or technical focus. NGOs that have formal
status with other UN bodies or specialized agencies (FAO, ILO, UNCTAD, UNESCO,
UNIDO, WHO and others), can be included on the ECOSOC Roster. The roster lists
NGOs that ECOSOC or the UN Secretary-General considers can make "occasional and
useful contributions to the work of the Council or its subsidiary bodies." (UN. ECOSOC.
/ 2021).
Twice a year, the United Nations Committee on Non-Governmental

Organizations reviews new applications for consultative status and makes
recommendations to the ECOSOC, which reviews and decides to approve or deny the
recommendations. Consultative Status, depending on level, gives the organizations a
number of rights to participate in the work of the UN, to present their views and deliver
testimony. The first time that non-governmental organizations were granted consultative
status was in 1946, when 41 organizations were chosen. By 1996, over 1000 NGO's were
granted consultative status, and by the year 2000, there were 2050 (Wikipedia / 2021).
There is no generally accepted definition of the term ―non-governmental organization‖ in

international law. However, for the aims of this study, the following definition appears to
be enough comprehensive and featuring all the necessary elements that have up to now
been surrounded in those differing definitions: a ―non-governmental organization‖ is a
not-for-profit organization which is independent from states and international
18
governmental organizations, does not use or promote violence or have clear connections
with criminality, and has a formal existence with a statute and a democratic and
representative structure, and does normally, but not necessarily, enjoy legal personality
under national law. A NGO is not constituted by an international legal instrument, such
as a treaty. However, in international law: ...the term ―NGO‖ is equally confusing in its
application… there is a lack of agreement on NGOs as subjects of international
personality. While in many countries domestic legislation for ―private associations‖
serves as a basis for NGO identification and recognition, at the international level,
international legal standards to define and regulate the perception of NGOs have not yet
been established. Although NGOs participate more and more in international life and
negotiation processes, the questions about their status on international law and what
characterizes them have not yet sufficiently been answered. Even though ―states welcome
NGO contributions to international negotiation processes and have granted «private
associations» a limited recognition at the national level, they have not yet agreed on a
standard for NGOs operating in the transnational sphere‖. It appears astonishing that
NGOs can take part, and are invited to take part, in international affairs but still have an
unclear status and characterization in international law (Maiara Giorgi / 2018).
Changing Responsibilities for NGOs: "NGOs are often seen as critics," according to
Peter Padbury of the Canadian Council for International Co-operation. "Many NGOs
working on the sustainability agenda have shifted from seeing themselves as critics to
seeing themselves as "co-creators" who bring analysis, expertise and solutions to the
policy dialogue. They can link local action with the global dialogue." Despite the
importance placed on decisions and actions at the local level, it is extremely difficult to
establish direct links between them and the UN. NGOs operating at the international level
have a key role in building such links. At present, these responsibilities are not clearly
spelt out - indeed, the disparate nature of NGOs would make it difficult to be prescriptive
in this respect. Nevertheless, an enhanced role for civil society in the functions of the UN
will require NGOs to pay serious attention to the degree to which they can claim to be the
legitimate representatives of others. According to the Report on the Seminar on the
Involvement of Civil Society in Follow-up to the Social Summit held in Mohonk, New
York in 1995. "These issues of legitimacy and representatively will become more and
19
more relevant as organizations of civil society gain more of a role in the process of
governance. Questions such as the capacity of these organizations to express the
aspirations of people, while providing information and education, will become
increasingly relevant." (Tom Bigg / 1997).
2.1.2. INTERNATIONAL TREATIES AND THE INFLUENCE OF NON-

GOVERNMENTAL ORGANIZATIONS
The space achieved by NGO‘s in the global scenario shows that certain areas suffer from
the inability, omission or even unwillingness of the states. Taking into consideration the
representativeness that some NGOs have in the international community, there is no
doubt that their participation is essential since they can establish a missing link between
the state and the society. See that literature has earlier researched in considerable depth
how NGOs influence international negotiations and ―the pervading conclusion is that the
influence of non-governmental actors is too powerful to be ignored. Therefore, the
question facing governments today is not if, but how, these actors should be allowed to
contribute‖ (Andreas Persbo / 2010).
But, Arnold Pront emphasizes that ―notwithstanding the significance of the participation
of NGOs in specific recent multilateral negotiations… the majority of international law-
making today still occurs with little or no participation of civil society‖ (Pronto, A. N. /
2008).
One should also take into consideration that NGOs are not always opponents to
governmental institutions who challenge their policies (Maiara Giorgi / 2018). On the
contrary, ―they are often directly involved in the design of policies and may shape
political processes from inside the official arenas‖ They are often significantly involved
in the activities and performances of the intergovernmental organizations. As a good
example, NGOs‘ engagement at the United Nations may be cited. They also advise U.N.
commissions, committees and institutions, provide necessary information, as well as they
work together with UN agencies to help implement their projects for them, or they assist
U.N. institutions and provide necessary information (Kerstin Martens / 2003).
20
2.2. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) IN
STRENGTHENING CIVIL SOCIETY AND DEMOCRATIC
DEVELOPMENT
It was in the 1980s that the contributions of NGOs to development might be more
important for political rather than economic reasons by Michael Bratton, and that there is
increasing interest in the role of NGOs in promoting democratic development. The
perspective of ‗security policy‘ democracy poses the threat of opening a Pandora‘s Box
of ethnicity, conflict and instability. Their role is emphasized in the context of their
existence as autonomous actors; NGOs are to pluralize and therefore to strengthen and
expand the institutional arena, bringing more democratic actors into the political sphere.
More civic actors mean more opportunities for a wider range of interest groups to have a
‗voice‘, more autonomous organizations to act in a ‗watchdog‘ role vis-à-vis the state,
and more opportunities for networking and creating alliances of civic actors to place
pressure on the state. For example, (Jubilee 2000 debt initiative), NGOs enhance
democracy by expanding the numerical strength and range of voices addressing the
government. NGOs played an important role in opposing the Pinochet regime throughout
the late 1970s and 1980s, and their role has witnessed some degree of change since the
early 1990s (LAMBROU, Y. / 1997).
While NGOs have many rights at the U.N., they do not have the right to vote in any of
the principal organs. They do not possess democratic legitimacy in decision-making, as it
is not their role to be representatives for anybody except themselves. But accepting these
limitations can still leave them with a major role to play in enhancing democracy in
global governance. When we talk of democracy, we often over-emphasize the criteria of
free elections and policy that is in accord with the wishes of the majority. However, there
are two other essential features to democracy. Between elections, the system must be
transparent, with the free flow of information about the policymaking process. In
addition, there must be a free political debate. NGOs contribute to global democracy in
these two ways. NGOs immensely enhance the flow of information in global governance.
They report information about domestic politics to the world beyond a nation's borders,
and, in the reverse direction, they bring global concerns and perspectives to the national
and local levels. NGOs also give voice to a broad constituency, so that the diplomatic
21
debate considers all issues within a wider context and policy is less likely to have
unintended consequences. It is not necessary in democratic debate to be representative of
society as a whole. It is only necessary for an NGO to have something coherent to say for
it to have the right to be heard. Until the 1990s, we used to speak of international regimes
and intergovernmental relations. Now we speak of global governance. The new
terminology represents recognition that NGOs are central to global political processes.
The manner in which they have fought for participation rights at the U.N. and for the
construction of the Internet as a global system for public communications has
transformed the world of diplomacy. Indeed, the defining difference between traditional
diplomacy and the diplomacy of global governance is the participation of NGOs
(Willetts, P. / 2011).
Non-governmental Organizations have become inextricably implicated and or involved in

civil society, democracy, good governance and social capital (Clarke, G. / 1998). In one
of his studies which examines the role of NGOs in the politics of development across the
developing world (Devine, J. / 2006), opines that the failure to theorize the political
impact of NGOs has led to an overly ―inadequate, explicitly normative interpretation of
NGO ideology‖ (1998a: 40). This failure has encouraged criteria to take NGOs positive
political role as natural or self-evident (Clarke, G. / 1998).
NGOs provide expertise in ―development software‖; they are more innovative, adaptable,
cost-effective and aware of the lost situation; and their grass-roots representation bringing
legitimacy and community mobilization to programmes and projects. NGOs strengthen
the state through their participation in improving the efficacy of government services,
acting as strategic partners for reform-oriented ministries, filling the gaps in service
provision, and helping the government to forge ties with the grass-roots. The impact of
states on NGOs is therefore absolutely central in defining the role that NGOs can play in
national developments; for it is governments which give NGOs the space and the
autonomy to organize, network and campaign. That been the case, it is difficult to
generalize about state-NGO relations, as local political networks are always diverse.
NGOs are on the high rise being funded by states and official aid agencies, and
questioning what impact this trend has on NGO accountability. Concerns are raised by
22
many in relation to the internal and external accountability of NGOs. NGOs have
downward accountability to members and upward accountability to donors and
governments (Patrons). NGOs are internally accountable to beneficiaries, donors, and
board of directors, trustees and advisory committees. They are externally accountable to
organizations and actors with which they affiliate-international government
organizations, states and people throughout the globe. Accountability is indeed crucial for
NGOs as they have only their reputation for credibility on which to base their action. In
NGOs, accountability needs to be appropriate for their work, for the needs of the
beneficiaries (clients) and for the values of the organization itself. There is functional
accountability in relation to accounting for resources and their impacts, and strategic
accountability, which relates to the writ large implications of an NGOs workability.
These are basically mechanisms for assessing effectiveness, and for the monitoring and
evaluation of NGOs in relation to their effectiveness thereby making accountability in
NGOs quite complex and cumbersome (Owa Owa / 2020).
NGOs and Democracy: Some NGO activists naively assert that NGOs can act as the
"voice of the people," calling governments to account and extending democracy to global
diplomacy. A more sophisticated institutional expression of this aspiration takes the form
of calls for a "People's Assembly" to be created alongside the U.N. General Assembly.
However, in the foreseeable future, it will be impossible to hold elections for a global
parliamentary assembly, and the alternative of an assembly of NGOs would not extend
democracy to global governance. Many NGOs are very small and represent very few
people, while many highly respected NGOs do not have any mechanisms for internal
democracy. For example, neither Greenpeace nor Oxfam has any formal membership,
and their supporters have no direct voice in the organizations' policies. Faith-based NGOs
base their claims of legitimacy on their moral authority and make no claim to democratic
authority. Scientific, technical and professional NGOs are restricted to people with the
relevant qualifications. They represent an elite voice offering expertise, rather than a
democratic voice. Other NGOs, such as Amnesty International and the trade unions, have
millions of members and democratic assemblies, but they too are unrepresentative of the
population as a whole. Whatever their size, each NGO still represents a self-selecting
23
minority. No collection of NGOs would provide a representative policymaking or
advisory body (Willetts, P. / 2011).
2.3. THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS)

SHAPE GLOBAL GOVERNANCE
Global governance is a concept that has the merit of embracing this complexity, as it
reflects on the absence of government at the global level. Governance means that a
variety of actors seek to co-operate to maintain global order: states are less and less able
to solve problems alone, so that their efforts are complemented by international
organizations, economic enterprises, civil society actors or Non-Governmental
Organizations. Governance further implies a lack of hierarchy between these different
actors when it comes to regulating social affairs (Dany, C. / 2012).
Therefore, global governance is a very broad and diffuse concept, as the following well-
known definition shows: global governance is conceived to include systems of rule at all
levels of human activity – from the family to the international organization – in which the
pursuit of goals through the exercise of control has transnational repercussions. Similarly,
global governance was more recently defined as the sum of laws, norms, policies, and
institutions that define, constitute, and mediate relations among citizens, society, markets,
and the state in the international arena (Dany, C. / 2012).
Though they have long existed, NGOs are playing an increasingly significant role in
global governance, whether participating in the United Nations system or bringing global
concerns to the domestic level. From local to global, NGOs are now an essential aspect of
a variety of systems. It has become fashionable to assert that the role of nongovernmental
organizations (NGOs) in world politics has grown in importance since the early 1990s.
This assertion is true, but not because of the end of the Cold War nor because there is
anything new about NGOs exercising influence, as is often claimed (Willetts, P. / 2011).
Global governance is a complex ecosystem of formal and informal institutions. It is

formally the domain and responsibility of sovereign nation states, and traditionally
studied with a microscope on national interest and state power. Non-sovereign nations
and other organizations and associations lack full international legal personality. They are
24
in many ways marginal to central decision-making, diplomacy and negotiation in formal
intergovernmental organizations (IGOs). But global governance is much bigger than
formal IGOs, and indeed is increasingly composed of multi-stakeholder, complex
governance institutions and informal ―soft law‖ agreements. Even within the confines of
formal IGO structures, where sovereign nation-states negotiate and decide,
nongovernmental organizations (NGOs) play an important role.
There are many kinds of organizations within civil society, and we can use many names
to reflect their variety – private associations, grass roots organizations, civil society
organizations, nongovernmental organizations. The term nongovernmental organization
is written in the UN Charter, and will stand as a general term in this book, though broader
labels like civil society organizations and other stakeholders are often employed by UN
institutions today.
In accordance with the power and interests of the United States, there was a dramatic
expansion of formal structures of multilateralism following the Second World War,
accompanied by a trend of codifying customary international law. While the formal plans
of intergovernmental structures have been designed by sovereign states, private
associations have regularly pushed and pulled the architects to the drafting table.
Although private associations have always interacted with diplomats in and around
international organizations, as the post-war formal rules shifted their role was
institutionalized and certified by the formal recognition that they were granted in the UN
Charter. Article 71 of the Charter invites the Economic and Social Council to establish
consultative relations with nongovernmental organizations, formalizing what was an
informal but regular experience in the League of Nations. The formal mechanisms of
participation in international institutions provided an opportunity for mobilization and
expansion of organizations meeting the definition of an NGO that sought accreditation by
IGOs. The rules, though, are not always indicative of an expanded ability to influence
decision-making. As we study the roles and influence of NGOs in global governance,
we have several distinct things to observe and explain. Only one of these is the formal set
25
of rules for participation of NGOs within the structure processes of IGOs. Influence
within and without institutions is a related but distinct matter.
Since 1950 there has been an expansion of institutionalized opportunities for civil society
participation in multilateral organizations (Tallberg et al 2014), though not in a uniform
way, and not to the same extent across all subjects of governance. Today it is broadly
expected that NGOs (or other non-state actors) are recognized by international
organizations and provided at least some means of participation in the institution.
The points of expansion for participation opportunities have been greatest in stages of
implementation (Shapovalova 2016) and monitoring (Vabulas 2013), and most fully in
subjects of environmental governance and human rights (Ruhlman 2019). Decisions that
have expanded participation opportunities have increasingly been administrative rules
made by secretariats of IGOs (the bureaucracy of institutions, charged with implementing
decisions of nationstates) and less often by member-states directly (Tallberg et. al 2013).
Most sources of IGO institutional design have explained the presence of participation
opportunities for NGOs through a rational resource exchange model, where demand by
IGOs for resources that NGOs hold broadly explains variation in participation rules.
There arguably has also been an expanded norm of recognizing civil society participation
as necessary for IGO legitimacy, pressing institutions to change. Bureaucracies of IGOs
in particular have a resource demand incentive to engage with civil society organizations,
which can bring not only information and expertise on issues, but also the ability to
connect with publics. Civil society organizations are uniquely linked to grassroots
communities, and therefore hold a power to mobilize publics in support of goals.
Raising support may lead to raising funds. Implementation of global goals often requires
local support, and therefore bringing NGOs in as a conduit to local institutions and
publics can be essential for success. The benefits of grass roots mobilization of course
depend on the type of agreement and goal that is being implemented. A nuclear arms
agreement is implemented by sovereign governments, but progress on the Sustainable
Development goals, in comparison, will depend on local governments, the private sector,
and publics more broadly. Accordingly, environmental governance, human rights, and
26
economic development are all subjects with significant institutionalized participation
mechanisms for NGOs and civil society organizations.
When opportunities for participation are broad, then that participation is often organized
in a way that requires collaboration among the many diverse voices of civil society. For
example, the Sustainable Development Goals process, since the 1992 UN Conference on
the Environment and Development has followed what is now called the Major Group and
Other Stakeholders (MGOS) system. This organizes non-state actor participation into 13
coalitions of voices, self-organized by participants. When the rules of participation allow
broad engagement of the more than 5,000 organizations in consultative status with
ECOSOC (and more), collaboration is key. Numerous working groups, on subjects like
Mining and Homelessness, bring together large numbers of organizations to work
collectively. The opportunities for civil society participation in other institutions, like the
Security Council, are less broad and rely on a selective process for participation of
individuals and NGOs with significant expertise and strong reputations.
Rules that shape opportunities to participate matter. As the modern parable says, if you
are not at the table you are on the menu. But NGOs have never relied upon formal
inclusion in intergovernmental organization decision-making to be influential or
effective.
This year I have been interviewing a number of representatives of NGOs that are very
engaged in the UN system. Several have described perceiving a ―shrinking space‖ for
civil society at the UN. They have identified specifically a decline of general support
from several governments. For example, the NGO Liaison position in the US mission to
the United Nations (USUN) has not been filled since 2016; a change that has resulted in a
perceived drop in general communication with, and fewer open invitations for, civil
society organizations to attend meetings and trainings hosted by USUN. But not all
representatives of NGOs in the UN ecosystem expressed experiencing a shrinking of civil
society space. General support for civil society, measured by quantity of messages and
invitations coming from the USUN Mission, for example, is less impactful for individuals
27
and organizations that have developed a pathway of direct access to diplomats and
secretariat officials built through years of relationship and reputation building.
Influence, impact and effectiveness are not only shaped by the formal rules governing
accreditation and mechanisms of participation for NGOs in conferences and meetings.
They also depend on the NGOs themselves and the resources that they have. Those with
deep pockets of power – financial resources and reputational power – hold the attention
of publics, international bureaucrats, and diplomats without utilizing formal IGO
accreditation and intra institutional mechanisms of dialogue. These ―leading NGOs‖
(Stroup and Wong 2017), have the greatest name recognition amongst the general public
and have the potential of shaping agendas from outside formal multilateral process. Other
NGOs are masters of the multilateral institutions. These organizations have smaller
budgets and less broad public recognition than the leading NGOs, but they have deep
pockets of institutional knowledge and long fostered relationships with secretariat
officials and diplomats that are built on well-crafted reputations of expertise. Their
budgets are big enough to designate significant staff for IGO representation, and to have
reputable sources of research and knowledge.
These multilateral masters are able to wield influence outside of the institutionally
organized mechanisms for civil society dialogue. Because of their well-cultivated
relationships, skill and reputation, they enjoy direct links to government missions and UN
staff. There are also innumerable NGOs, civil society organizations, private associations
and other stakeholders that are not in either of these clubs. Voluntary organizations with
small budgets work largely through coalitions and working groups to have a voice large
enough to be heard by IGOs. These organizations depend more directly on the
participation rules of the system and institutionalized mechanisms of participation such as
conferences, civil society dialogues, support from the Department of Economic and
Social Affairs and the missions of supportive governments. Representatives of
organizations in this category are the ones who have reported feeling the ―shrinking‖ of
space for civil society and who are, for example, most likely to Peggy Kerry in her role as
NGO Liaison for USUN.
28
The ecosystem of NGOs has benefited from formal recognition, institutional invitations
to become accredited and register for events, and an open political structure that has
expanded their opportunities to participate. But even if there is shrinking of space in
global governance and a general decline in support of civil society participation from the
sovereign great powers, NGOs in their many manifestations will continue to be deeply
engaged in global governance through their direct relationships with decision-makers,
and by shaping publics and social movements outside of the formal institutions, as private
international associations have always done.
2.3.1. NGOS AND DIPLOMACY
Now add to this, the many changes underway world-wide where non-governmental
organizations (NGOs) of all kinds increasingly play an influential role in international
affairs. So now it is just not that much of a stretch to envision those individuals
representing their NGOs as effectively taking up a diplomatic role. Now if you are to
head on over to the UN or to any of its international meetings, commissions, states party
conferences or regular session, there are almost always NGOs nearby. And not only at the
UN. Many regional inter-governmental organizations also get the attention of NGOs.
Often representatives of NGOs find their way to these meetings either because they are
brought in as experts by the governments themselves or because they take initiative and
make the effort to be ―around‖ to influence the discussions. In other words, NGO
representatives engage in discussion and negotiations with governments‘ diplomats and
officials in order to influence issues of peace, development, environment, politics and
justice as well as social and economic affairs. They not only negotiate. They help set
agendas. And they work to fast-track issues that they consider are pressing. Plus NGOs
are found to be extremely active and often very effective, in holding governments,
transnational corporations and other large entities accountable for their actions. As
governance structures continue to change in the twenty-first century, those NGO
members who make it their business to connect with, influence, inform, lobby and
interact with diplomats and government officials are effectively NGO diplomats. Some
do it extremely well. Others… well, sometimes they are present because they are
learning, because they want to network with key players, because it seems like they
29
should be there (if they are to make a difference) and in some cases because it makes
them feel important. But whatever the reason, NGOs are a permanent part of the
international and intergovernmental landscape. It is up to NGO representatives to get
even better at what they do if they wish to make a bigger impact and not get lost in the
growing sea of NGO involvement (NGO Academy / 2011).
30
CHAPTER THREE: METHODOLOGY
3.0. INTRODUCTION
The methods used in this study are described in this chapter. The research design, study
area, target population, sample size, sampling procedure, research tool, data analysis,
ethical considerations and limitations of the study are all included in this section.
3.1. RESEARCH DESIGN
This is a descriptive design, which indicates that the researcher seeks to characterize the
role of Non-Governmental Organizations (NGOs) on global governance and their
legal status under International Law in the study. The study was also designed to be
cross sectional, which means it collected research data at a single moment in time. It was
also designed to be quantitative. The goal of this form of research is to mathematically
determine the problem at hand.
3.2. POPULATION OF THE STUDY
During the data collection procedure, the researcher targeted members of NGO staff, law
professors, law lectures, law students, and other legal academics. The target population
was represented by these categories.
3.3. STUDY AREA
This research was conducted in Mogadishu, Somalia. It is Somalia's capital city.

Mogadishu is located in Somalia's southern region. It has a border with the Lower
Shebelle region in the west, the Middle Shebelle region in the east and north, and the
Indian Ocean in the south. Mogadishu has a number of well-known attractions, such as
Villa Somalia.
3.4. SAMPLE SIZE DETERMINATION
With an emphasis on determining the sample size that is required; the researcher used
online sample size calculator for sample size determination.
 Confidence Level: 95%

 Population Size: 100
31
 Margin of Error: 5%
 Ideal Sample Size: 80
3.5. SAMPLING PROCEDURE
The researcher utilized non-probability/purposive sampling, which means that the

respondents were chosen on intentionally. The researcher chooses who participates in the
study in this sort of sampling, and the target population does not have an equal
probability of being included in the sample.
3.6. DATA COLLECTION INSTRUMENT
A questionnaire was used to acquire study data from the target population. The study‘s
goals and objectives were explained to the participants. They
were also told to be as honest as possible when answering the questions.
3.7. DATA COLLECTION PROCEDURE
The following data collection procedure was implemented: After the research proposal is
approved, the researcher first obtained an authority letter from secretary office of faculty
of law to authorize the researcher to carry out a research about the Role of Non-
Governmental Organizations (NGOs) on global governance and their legal status
under International Law. Data was collected from secondary sources. Secondary data
was obtained through-reviewing related literature such as published books, magazines,
journals, websites and internet sources.
3.8. DATA ANALYSIS
Data was analysed using statistical package for social science – SPSS. Descriptive
analysis was done and then frequency tables and figures were used in order to present
study results.
32
3.9. INCLUSION AND EXCLUSION CRITERIA
The respondents were targeted academic respondents, who had information my research
study. These are the following members: - Professors of law, advocates, law students,
scholars of law, and members of NGO staff and so on.
3.10. VALIDITY AND RELIABILITY TEST
The validity and reliability are very important for this research to be accurate. Therefore,
the researcher of this study adopted this questionnaire that relevance to the objectives of
the study, in order to enhance and ensure that the instrument‘s validity and reliability.
Also, researcher made pilot testing to ensure the validity of this study.
3.11. ETHICAL CONSIDERATIONS RESPECT:
The researcher respected respondents‘ privacy when entering their private sphere and
when asking questions.
Confidentiality: the researcher guaranteed maximum confidentiality for the participants.

Their information was only used for the purpose of the study.
Freedom to participate: participants were informed that they are free to participate.
They were also informed that they have the right to withdrawal.
Informed consent: consent was secured from the participants after fully informing the
nature, potential risks and benefits of the study.
33
CHAPTER FOUR: RESULTS AND DISCUSSION
4.0. INTRODUCTION
The data that had been analysed using Statistical Package for the Social Sciences (SPSS)
was provided and discussed in this chapter. It was used in table form to show the types of
responses, their frequencies, percentages, valid percentages, and cumulative percentages,
as well as in pie charts to show the percentages and frequency of respondents' reactions.
4.1. DEMOGRAPHIC DATA
The background information of the respondents who took part in the study was provided
in this section. This background information was used to determine the characteristics of
respondents and to show the demographic distribution in the study.
TABLE 4.1 SHOWS GENDER OF THE RESPONDENTS

Frequency Percent Valid Percent Cumulative Percent
Valid Male 49 61.2% 61.2% 61.2%
Female 31 38.8% 38.8% 100.0%
Total 80 100.0% 100.0%
34
FIGURE 4.1 SHOWS GENDER OF THE RESPONDENTS
The above table 4.1 and its figure show that most of the respondents 61.2% were male
and 38.8% were Female, so the researcher indicated that the majority of the respondents
were male.
FIGURE 4.2 SHOWS AGE OF THE RESPONDENTS

22 – 30 Years 61 76.25% 76.25% 76.25%

31 – 40 Years 13 16.25% 16.25% 92.5%
Valid
Above 40 Years 6 7.5% 7.5% 100.0%
Total 80 100.0% 100.0%
35
FIGURE 4.2 SHOWS AGE OF THE RESPONDENTS
The above table 4.2 and its figure shows that 76.25% of the respondents were 22 – 30
while 16.25% of the respondents were 31 – 40 and 7.5% were Above 40 Years. Therefore
22 – 30 years old respondents are dominant in this table and figure.
TABLE 4.3 SHOWS THE MARITAL STATUS OF THE RESPONDENTS

Single 46 57.5% 57.5% 57.5%
Married 31 38.75% 38.75% 96.3%
Valid
Divorced 3 3.75% 3.75% 100.0%
Total 80 100.0% 100.0%
36
FIGURE 4.3 SHOWS MARITAL STATUS OF THE RESPONDENTS.
The above table 4.3 and its figure shows that most of the respondents 57.5% were single
and 38.75% were married, and 3.75% were divorced, so the researcher indicated that the
majority of the respondents were single.
TABLE 4.4 SHOWS THE EDUCATIONAL LEVEL OF THE RESPONDENTS

Frequency Percent Valid percent Cumulative Percent
Bachelor 60 75.0% 75.0% 75.0$
Master 16 20.0% 20.0% 95.0$
Valid
PhD 4 5.0% 5.0% 100.0$
Total 80 100.0% 100.0%
37
FIGURE 4.4 SHOWS EDUCATIONAL LEVEL OF THE RESPONDENTS.
Table 4.4 and its Figure shows that 75.0% of the respondents were bachelor while 20.0%
were master and 5.0% were PhD, so the figure and table indicated that the majority of the
respondents were bachelor.
TABLE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS

Less than 2 years 39 48.75% 48.75% 48.75%
2 - 5 Years 22 27.5% 27.5% 76.25%
Valid 6 - 9 Years 9 11.25% 11.25% 87.5%
Above 9 Years 10 12.5% 12.5% 100.0%
Total 80 100.0% 100.0%
38
FIGURE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS.
Table 4.5 and its figure 4.5 shows that 48.75% of the respondents were less 2 years of
experience, 27.5% were 2 – 5 years in experience, 11.25% were 6 – 9 years, 12.5% were
Above 9 Years of experience, therefore less 2 years of experience were dominant.
4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS
Tables and figures of the questionable options' responses of the participators. The option
responses of the respondents who took part in the study were provided in this section.
This option response was used to determine the finding results in the study.
Table 4.6 shows that: Article 71 of the UN Charter says that the Economic and Social
Council “may make suitable arrangements for consultation with non-governmental
organizations (NGOs) which are concerned with matters within its competence.” So
that, NGOs contribute to the work of the U.N.
Agree 47 58.75% 58.75% 58.75%
Strongly Agree 19 23.75% 23.75% 82.5%
Neutral 11 13.75% 13.75% 96.75%
Valid
Disagree 2 2.5% 2.5% 98.75%
Strongly Disagree 1 1.25% 1.25%
Total 80 100.0% 100.0% 100.0%
39
Figure 4.6 shows that: Article 71 of the UN Charter says that the Economic and
Social Council “may make suitable arrangements for consultation with non-
competence.” So that, NGOs contribute to the work of the U.N.
Table 4.6 and its figure above shows that 58.75% of the respondents participated in the
study were agree, while 23.75% were strongly agree, whereas 13.75% of the respondents
were neutral, 2.50% of the respondents participated in this study were disagree and
1.25% were strongly disagree. Therefore, agree respondents were dominant.
Table 4.7 shows that: Non-governmental organizations (NGOs) play an increasingly

important role not only as international political actors but also as organizations
involved in the creation, implementation and enforcement of international law. ...
Until now, NGO rules have developed organically within each organization, treaty
body or international court.
Frequency Percent Valid Percent C. Percent

Agree 21 26.25% 26.25% 26.25%
Strongly Agree 25 31.25% 31.25% 31.25%
Neutral 22 27.5% 27.5 85.0%
Valid
Disagree 5 6.25% 6.25% 91.25%
Strongly Disagree 7 8.75% 8.75%
Total 80 100.0% 100.0% 100.0%
40
Figure 4.7 shows that: Non-governmental organizations (NGOs) play an
of international law.
8.75% were strongly disagree. Therefore, Strongly Agree respondents were dominant.
Table 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a

fostered treaties, promoted the creation of new international organizations (IOs).
Agree 26 32.5% 32.5% 32.5%

Strongly Agree 17 21.25% 21.25% 53.75%
Valid Neutral 28 35.0% 35.0% 88.75%
Disagree 9 11.25% 11.25% 100.0%
Total 80 100.0% 100.0%
41
Figure 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a
fostered treaties, promoted the creation of new international organizations (IOs).
were neutral, and 11.25% of the respondents participated in this study were disagree.
Therefore, neutral respondents were dominant.
Table 4.9 shows that: Non-governmental organizations (NGOs) have become real
development and risk control activities.
Agree 23 28.75% 28.75% 28.75%

Strongly Agree 37 46.25% 46.25% 75.0%
Neutral 16 20.0% 20.0% 95.0%
Valid
Disagree 2 2.5% 2.5% 97.5%
Strongly Disagree 2 2.5% 2.5% 100.0%
Total 80 100.0% 100.0%
42
Figure 4.9 shows that: Non-governmental organizations (NGOs) have become real
development and risk control activities.
were neutral, and 2.5% of the respondents participated in this study were both disagree
and strongly disagree. Therefore, Strongly Agree respondents were dominant.
Table 4.10 shows that: NGOs have been characterized as the 'lynchpins' (backbone)
of the international system, for their role in mobilizing public support and providing
information on issues where states cannot or will not act. ... NGOs' use of
information is important in the implementation and monitoring of states'
compliance with international law.
Frequency Present Valid present C. Present
Agree 29 36.25% 36.25% 36.25%
Strongly Agree 20 25.0% 25.0% 61.25%
Neutral 16 20.0% 20.0% 81.25%
Valid
Disagree 12 15.0% 15.0% 96.25%
Total 80 100.0% 100.0%
43
Figure 4.10 shows that: NGOs have been characterized as the 'lynchpins'
(backbone) of the international system, for their role in mobilizing public support
and providing information on issues where states cannot or will not act. ... NGOs'
use of information is important in the implementation and monitoring of states'
compliance with international law.
Table 4.11 shows that: Non-governmental organizations (NGOs) ensure

right violation by providing them assistance and advice. The NGOs have filed cases,
writ petitions and public interest litigation on behalf of victims and public at large
for protection of human rights.
Agree 29 36.25% 36.25% 36.25%
Strongly Agree 28 35.0% 35.0% 71.25%
Neutral 15 18.75% 18.75% 90.0%
Valid
Disagree 5 6.25% 6.25% 96.25%
Total 80 100.0% 100.0%
44
Figure 4.11 shows that: Non-governmental organizations (NGOs) ensure
right violation by providing them assistance and advice. The NGOs have filed cases,
writ petitions and public interest litigation on behalf of victims and public at large
for protection of human rights.
45
Table 4.12 shows that: Non-governmental organizations (NGOs) strengthened the
vision and mission to serve society.
Frequency present Valid present C. present
Agree 32 40.0% 40.0% 40.0
Strongly Agree 21 26.25% 26.25% 66.25
Neutral 20 25.0% 25.0% 91.25
Valid
Disagree 5 6.25% 6.25% 97.5
Strongly Disagree 2 2.5% 2.5% 100.0
Total 80 100.0% 100.0%
46
Figure 4.12 shows that: Non-governmental organizations (NGOs) strengthened the
vision and mission to serve society.
Table 4.12 and its figure above shows that 40% of the respondents participated in the
study were agree, while 26.25% were strongly agree, whereas 25% of the respondents
were neutral, 6.25% of the respondents participated in this study were disagree and 2.5%
were strongly disagree. Therefore, agree respondents were dominant.
Table 4.13 shows that: Non-governmental organizations (NGOs) activities include,

but are not limited to, environmental, social, advocacy and human rights work. They
can work to promote social or political change on a broad scale or very locally.
NGOs play a critical part in developing society, improving communities, and
promoting citizen participation.
Agree 16 20.0% 20.0% 20.0%

Strongly Agree 23 28.75% 28.75% 48.75%
Neutral 26 32.5% 32.5% 81.25%
Valid
Disagree 10 12.5% 12.5% 93.75%
Total 80 100.0% 100.0%
47
Figure 4.13 shows that: Non-governmental organizations (NGOs) activities include,
They can work to promote social or political change on a broad scale or very locally.
NGOs play a critical part in developing society, improving communities, and
promoting citizen participation.
6.25% were strongly disagree. Therefore, neutral respondents were dominant.
Table 4.14 shows that: Non-governmental organizations (NGOs) act as planners and
implementers of developmental plans in rural development. They help in mobilizing
the local resources to be used for development. NGOs help in building a self-reliant
and sustainable society. These agencies play the role of mediator between people
and government.
Agree 30 37.5% 37.5% 37.5%
Strongly Agree 20 25.0% 25.0% 62.5%
Neutral 14 17.5% 17.5% 80.0%
Valid
Disagree 10 12.5% 12.5% 92.5%
Total 80 100.0% 100.0%
48
Figure 4.14 shows that: Non-governmental organizations (NGOs) act as planners
self-reliant and sustainable society. These agencies play the role of mediator between
people and government.
study were agree, while 25% were strongly agree, whereas 17.5% of the respondents
Table 4.15 shows that: Non-governmental organizations (NGOs) help

democracy work properly. They do this by making it easier for people to get
information about how their country is being run, helping the public
communicate with politicians, and making sure that governments do not abuse
their powers.
Agree 18 22.5% 22.5% 22.5%
Strongly Agree 20 25.0% 25.0% 47.5%
Neutral 30 37.5% 37.5% 85.0%
Valid
Disagree 9 11.25% 11.25% 96.25%
Total 80 100.0% 100.0%
49
Figure 4.15 shows that: Non-governmental organizations (NGOs) help democracy
and making sure that governments do not abuse their powers.
3.75% were strongly disagree. Therefore, neutral respondents were dominant.
Table 4.16 shows that: Non-governmental organizations (NGOs) extremely enhance

the flow of information in global governance. They report information about
domestic politics to the world beyond a nation's borders, and, in the reverse
direction, they bring global concerns and perspectives to the national and local
levels.
Agree 29 36.25% 36.25% 36.25%
Strongly Agree 20 25.0% 25.0% 61.25%
Neutral 18 22.5% 22.5% 83.75%
Valid
Disagree 11 13.75% 13.75% 97.5%
Total 80 100.0% 100.0%
50
Figure 4.16 shows that: Non-governmental organizations (NGOs)
and local levels.
Table 4.17 shows that: Non-governmental organizations (NGOs) play an important

human development as measured by the UN Human Development Index (HDI). One
of the major strengths of NGOs is their ability to maintain institutional
independence and political neutrality.

Agree 23 28..75% 28..75% 28.75%
Strongly Agree 27 33.75% 33.75% 62.5%
Neutral 20 25.0% 25.0% 87.5%
Valid
Disagree 8 10.0% 10.0% 97.5%
Total 80 100.0% 100.0%
51
Figure 4.17 shows that: Non-governmental organizations (NGOs) play an important
human development as measured by the UN Human Development Index (HDI). One
of the major strengths of NGOs is their ability to maintain institutional
independence and political neutrality.
were neutral, 10% of the respondents participated in this study were disagree and 2.5%
were strongly disagree. Therefore, strongly agree respondents were dominant.
Table 4.18 shows that: The many changes underway worldwide where non-
governmental organizations (NGOs) of all kinds increasingly play an influential role
in international affairs. So now it is just not that much of a stretch to envision those
individuals representing their NGOs as effectively taking up a diplomatic role.

Agree 32 40.0% 40.0% 40.0%
Strongly Agree 18 22.5% 22.5% 62.5%
Neutral 20 25.0% 25.0% 87.5%
Valid
Disagree 7 8.75% 8.75% 96.25%
Total 80 100.0% 100.0%
52
Figure 4.18 shows that: The many changes underway worldwide where non-
governmental organizations (NGOs) of all kinds increasingly play an influential role
in international affairs. So now it is just not that much of a stretch to envision those
individuals representing their NGOs as effectively taking up a diplomatic role.
Table 4.19 shows that: Non-governmental organizations (NGOs) are playing an

United Nations system or bringing global concerns to the domestic level. From local
to global, NGOs are now an essential aspect of a variety of systems.
Agree 30 37.5% 37.5% 37.5%
Strongly Agree 22 27.5% 27.5% 65.0%
Neutral 16 20.0% 20.0% 85.0%
Valid
Disagree 10 12.5% 12.5% 97.5%
Total 80 100.0% 100.0%
53
Figure 4.19 shows that: Non-governmental organizations (NGOs) are playing an
United Nations system or bringing global concerns to the domestic level. From local
to global, NGOs are now an essential aspect of a variety of systems.
Table 4.20 shows that: Some NGO activists naively assert that Non-
governmental organizations (NGOs) can act as the "voice of the people," calling
governments to account and extending democracy to global diplomacy.
Agree 32 40.0% 40.0% 40.0%
Strongly Agree 22 27.5% 27.5% 67.5%
Neutral 15 18.75% 18.75% 86.25%
Valid
Disagree 6 7.5% 7.5% 93.75%
Total 80 100.0% 100.0%
54
Figure 4.20 shows that: Some NGO activists naively assert that Non-governmental
account and extending democracy to global diplomacy.
were neutral, 7.5% of the respondents participated in this study were disagree and 6..25%
4.2. FINDING
All the questions in the questionnaire which indicated the answers were positively (agree,
strongly agree and neutral) answered by the respondents in this study that related to the
Role of Non-Governmental Organizations (NGOs) on global governance and their legal
status under International Law. Specifically focus on the Role of Non-Governmental
Organizations in the Process of International Treaty Making, such as Non-Governmental
Organizations and their Status under International law, and International Treaties and the
Influence of Non-Governmental Organizations; The Role Of Non-Governmental
Organizations (NGOs) In Strengthening Civil Society And Democratic Development;
and how Non-Governmental Organizations (NGOs) Shape Global Governance.
4.2.1. PERSONAL INFORMATION OF THE RESPONDENTS
As shown in table 4.1 and its figure 4.1 shows that demographics of the respondents
61.2% of the respondents were male, while 38.8% were female. In table 4.2 and its figure
4.2 show that the majority of age respondents were between 22 – 30 years which means
that 61 out of 80 as a percentage are 76.25%. In table 4.3 and figure 4.3 show that the
major marital status of the respondents were single 57.5%. In table 4.4 and figure 4.4
shows that the majority of educational levels of respondents were a bachelor 75.0%. In
table 4.5 and figure 4.5 shows that the majority of respondents for level of experience
was less than 2 years in experience 48.75%.
55
4.2.2. OBJECTIVE ONE: THE ROLE OF NON-GOVERNMENTAL
ORGANIZATIONS (NGOS) IN THE PROCESS OF INTERNATIONAL
TREATY MAKING.
1.25% were strongly disagree. Therefore, agree respondents were dominant. Table 4.7
and its figure above shows that 26.25% of the respondents participated in the study were
agree, while 31.25% were strongly agree, whereas 27.5% of the respondents were
neutral, 6.25% of the respondents participated in this study were disagree and 8.75%
were strongly disagree. Therefore, Strongly Agree respondents were dominant. Table 4.8
agree, while 21.25% were strongly agree, whereas 35.0% of the respondents were
neutral, and 11.25% of the respondents participated in this study were disagree.
Therefore, neutral respondents were dominant. Table 4.9 and its figure above shows that
28.75% of the respondents participated in the study were agree, while 46.25% were
strongly agree, whereas 20.0% of the respondents were neutral, and 2.5% of the
respondents participated in this study were both disagree and strongly disagree.
Therefore, Strongly Agree respondents were dominant. Table 4.10 and its figure above
shows that 36.25% of the respondents participated in the study were agree, while 25.0%
were strongly agree, whereas 20.0% of the respondents were neutral, 15.0% of the
respondents participated in this study were disagree and 3.75% were strongly disagree.
Therefore, agree respondents were dominant.
4.2.3. OBJECTIVE TWO: THE ROLE OF NON-GOVERNMENTAL

ORGANIZATIONS (NGOS) IN STRENGTHENING CIVIL SOCIETY
AND DEMOCRATIC DEVELOPMENT.
and its figure above shows that 40% of the respondents participated in the study were
56
agree, while 26.25% were strongly agree, whereas 25% of the respondents were neutral,
6.25% of the respondents participated in this study were disagree and 2.5% were strongly
disagree. Therefore, agree respondents were dominant. Table 4.13 and its figure above
shows that 20% of the respondents participated in the study were agree, while 28.75%
were strongly agree, whereas 32.5% of the respondents were neutral, 12.5% of the
Therefore, neutral respondents were dominant. Table 4.14 and its figure above shows that
37.5% of the respondents participated in the study were agree, while 25% were strongly
agree, whereas 17.5% of the respondents were neutral, 12.5% of the respondents
participated in this study were disagree and 7.5% were strongly disagree. Therefore,
agree respondents were dominant. Table 4.15 and its figure above shows that 22.5% of
the respondents participated in the study were agree, while 25% were strongly agree,
whereas 37.5% of the respondents were neutral, 11.25% of the respondents participated
in this study were disagree and 3.75% were strongly disagree. Therefore, neutral
respondents were dominant.
4.2.4. OBJECTIVE THREE: THE ROLE OF NON-GOVERNMENTAL

ORGANIZATIONS (NGOS) SHAPE GLOBAL GOVERNANCE.
agree, while 33.75% were strongly agree, whereas 25% of the respondents were neutral,
10% of the respondents participated in this study were disagree and 2.5% were strongly
disagree. Therefore, strongly agree respondents were dominant. Table 4.18 and its figure
above shows that 40% of the respondents participated in the study were agree, while
22.5% were strongly agree, whereas 25% of the respondents were neutral, 8.75% of the
Therefore, agree respondents were dominant. Table 4.19 and its figure above shows that
37.5% of the respondents participated in the study were agree, while 27.5% were strongly
agree, whereas 20% of the respondents were neutral, 12.5% of the respondents
57
participated in this study were disagree and 2.5% were strongly disagree. Therefore,
agree respondents were dominant. Table 4.20 and its figure above shows that 40% of the
respondents participated in the study were agree, while 27.5% were strongly agree,
whereas 18.75% of the respondents were neutral, 7.5% of the respondents participated in
this study were disagree and 6..25% were strongly disagree. Therefore, agree respondents
were dominant.
4.3. DISCUSSIONS
The result and findings in the background information of the respondents who took part
in the study were discussed the following: the majority of the respondents were male
(61.2%).and The majority of age respondents were 22- 30 years (76.25%.). The major
marital status of the respondents were single (57.5%). Majority of educational level of
respondents were a bachelor (75.0%), the majority of respondents for level of experience
was less than 2 years in experience (48.75%.).
The result and findings of the study were discussed the following: Article 71 of the UN
Charter says that the Economic and Social Council ―may make suitable arrangements for
consultation with non-governmental organizations (NGOs) which are concerned with
matters within its competence.‖ So that, NGOs contribute to the work of the U.N. the
majority of those who responded to this question agreed and scored 58.75%. Non-
governmental organizations (NGOs) play an increasingly important role not only as
international political actors but also as organizations involved in the creation,
implementation and enforcement of international law, the majority of those who
responded to this question 31.25% were strongly agreed. Nongovernmental organizations
(NGOs) have exerted a profound influence on the scope and dictates of international law.
NGOs have fostered treaties, promoted the creation of new international organizations
(IOs), the majority of those who responded to this question 35.0% were neutral. Non-
governmental organizations (NGOs) have become real actors in international law in
proposing and negotiating new standards, such as the implementation and control of
international environmental law. ... They participate, thus, in promoting values of
international environmental law, such as sustainable development and risk control
activities, the majority of those who responded to this question 46.25% strongly agreed.
58
NGOs have been characterized as the 'lynchpins' (backbone) of the international system,
for their role in mobilizing public support and providing information on issues where
states cannot or will not act. ... NGOs' use of information is important in the
implementation and monitoring of states' compliance with international law, the majority
of those who responded to this question 36.25% agreed.
The result and findings of the study were discussed the following: Non-governmental
organizations (NGOs) ensure development which essentially involves the equal
participation of the people. They have played an important role in the protection of
human rights, and also educating and motivating people to fight for their rights. The
NGOs help the victim of human right violation by providing them assistance and advice.
The NGOs have filed cases, writ petitions and public interest litigation on behalf of
victims and public at large for protection of human rights, the majority of those who
responded to this question 36.25% agreed. Non-governmental organizations (NGOs)
strengthened the role of government by aiding various services that the government may
not be in a position to cover or is facing inadequacies. NGOs help the government
achieve its vision and mission to serve society, the majority of those who responded to
this question 40% agreed. Non-governmental organizations (NGOs) activities include,
but are not limited to, environmental, social, advocacy and human rights work. They can
work to promote social or political change on a broad scale or very locally. NGOs play a
critical part in developing society, improving communities, and promoting citizen
participation, the majority of those who responded to this question 32.5% were neutral.
Non-governmental organizations (NGOs) act as planners and implementers of
developmental plans in rural development. They help in mobilizing the local resources to
be used for development. NGOs help in building a self-reliant and sustainable society.
These agencies play the role of mediator between people and government, the majority of
those who responded to this question 37.5% agreed. Non-governmental organizations
(NGOs) help democracy work properly. They do this by making it easier for people to get
information about how their country is being run, helping the public communicate with
politicians, and making sure that governments do not abuse their powers, the majority of
those who responded to this question 37.5% were neutral.
59
The result and findings of the study were discussed the following: Non-governmental
organizations (NGOs) extremely enhance the flow of information in global governance.
They report information about domestic politics to the world beyond a nation's borders,
and, in the reverse direction, they bring global concerns and perspectives to the national
and local levels, the majority of those who responded to this question 36.25% agreed.
Non-governmental organizations (NGOs) play an important role in global social
development work that has helped facilitates achievements in human development as
measured by the UN Human Development Index (HDI). One of the major strengths of
NGOs is their ability to maintain institutional independence and political neutrality, the
majority of those who responded to this question 33.75% strongly agreed. The many
changes underway worldwide where non-governmental organizations (NGOs) of all
kinds increasingly play an influential role in international affairs. So now it is just not that
much of a stretch to envision those individuals representing their NGOs as effectively
taking up a diplomatic role, the majority of those who responded to this question 40%
agreed. Non-governmental organizations (NGOs) are playing an increasingly significant
role in global governance, whether participating in the United Nations system or bringing
global concerns to the domestic level. From local to global, NGOs are now an essential
aspect of a variety of systems, the majority of those who responded to this question
37.5% agreed. Some NGO activists naively assert that Non-governmental organizations
(NGOs) can act as the "voice of the people," calling governments to account and
extending democracy to global diplomacy, the majority of those who responded to this
question 40% agreed.
60
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
5.0. INTRODUCTION
This chapter, it is the last chapter of the study and it was presented on conclusion of the
study and recommendations related to the research.
5.1. CONCLUSION
The general objective of the study was the Role of Non-Governmental Organizations
(NGOs) on global governance and their legal status under International Law and the
research specific objectives were to determine the Role of Non-Governmental
Organizations in the Process of International Treaty Making; also to analyze the role of
Non-Governmental Organizations (NGOs) In Strengthening Civil Society and
Democratic Development; and lastly to identify how Non-Governmental Organizations
(NGOs) Shape Global Governance.
The significant growth and development of the NGO sector over the last few decades
raises the question of whether NGOs are a permanent feature on the development
landscape. Recent moves toward democratization of political systems and governments -
in Eastern Europe and parts of Asia, Africa and Latin America - have led to even greater
recognition of the role of development groups in civil societies. An increased scope for
NGO involvement in the process of development seems assured. To promote effective
people's participation and participatory development, NGOs are able to provide structures
and mechanisms for the involvement of people. Because of their access to grassroots
community groups, they are in touch with local realities. They articulate the problems
found at grassroots level and assist communities in seeking solutions. NGOs help to
conceptualize and formulate projects that respond to communities' particular needs and
constraints. With governments in the developing countries facing ever-increasing
difficulty in meeting the basic needs of their populations, NGOs provide a
complementary approach by promoting the mobilization of local resources for
development. NGOs may also serve as additional channels for development resources
from external sources such as donor NGOs and other philanthropic and humanitarian
organizations.
61
The effectiveness of NGO interventions in the development process hinges, to a large
extent, on whether or not the policy environment is conducive. Governments which
actively welcome NGO involvement and participation in the development process
provide a policy environment where NGOs are viewed as partners and not as competitors.
The role of the donor community is a key to the total picture. As NGOs play an
increasingly significant role in promoting people-centered development activities at the
grassroots as well as national and international levels, both bilateral and multilateral
donors are exhibiting a growing interest in and support for NGOs. In recent years, there
has been a marked shift in donor policy with regard to the types of projects or
programmes being supported. In the past, most donors considered only individual
projects; today, many provide block grants or programme funding which results in
greater flexibility for NGOs. Donors have also expanded from funding community-level
project delivery; they are increasingly taking into account other NGO needs such as
networking, institution building, development education and advocacy. There is a
growing awareness in the donor community - bilateral, multilateral and NGO - of the
importance of providing support for the changing roles and needs of NGOs and people's
organizations.
However, there is no generally accepted definition of the term ―non-governmental

organization‖ in international law. However, for the aims of this study, the following
definition appears to be enough comprehensive and featuring all the necessary elements
that have up to now been surrounded in those differing definitions: a ―non-governmental
organization‖ is a not-for-profit organization which is independent from states and
international governmental organizations, does not use or promote violence or have clear
connections with criminality, and has a formal existence with a statute and a democratic
and representative structure, and does normally, but not necessarily, enjoy legal
personality under national law.
A NGO is not constituted by an international legal instrument, such as a treaty. However,

in international law: ...the term ―NGO‖ is equally confusing in its application… there is a
lack of agreement on NGOs as subjects of international personality. While in many
countries domestic legislation for ―private associations‖ serves as a basis for NGO
62
identification and recognition, at the international level, international legal standards to
define and regulate the perception of NGOs have not yet been established.
Although NGOs participate more and more in international life and negotiation
processes, the questions about their status on international law and what characterizes
them have not yet sufficiently been answered. Even though ―states welcome NGO
contributions to international negotiation processes and have granted «private
associations» a limited recognition at the national level, they have not yet agreed on a
standard for NGOs operating in the transnational sphere‖. It appears astonishing that
NGOs can take part, and are invited to take part, in international affairs but still have an
unclear status and characterization in international law (Maiara Giorgi / 2018).
The research design was explanatory research design, data was collected quantitative
method. Questionnaire was used to collect data with sample size and 100 population and
80 sample size of the respondents that are use the online sample size calculator. The data
was collected using frequency table and figure with SPSS version 20 was used to analyze
the data. This study will be beneficial for the whole world and its residents because it
informs them to the existing problems in the area and also enables them to file with their
complaints to the competent authorities whether international or local. It will also be
useful for local institutions including all Non-governmental Organizations (NGOs) and
Civil Society Organizations (CSOs) because it will act as a guide for them to intervene.
The study will be benefitted by future researchers in that, it will act as a source of
literature and also a guideline for them to follow in the subsequent studies on the same
problem under investigations.
The result and findings indicated that, as shown in table 4.1 and its figure 4.1 shows that
demographics of the respondents 61.2% of the respondents were male, while 38.8% were
female. In table 4.2 and its figure 4.2 show that the majority of age respondents were
between 22 – 30 years which means that 61 out of 80 as a percentage are 76.25%. In table
4.3 and figure 4.3 show that the major marital status of the respondents were single
57.5%. In table 4.4 and figure 4.4 shows that the majority of educational levels of
respondents were a bachelor 75.0%. In table 4.5 and figure 4.5 shows that the majority of
respondents for level of experience was less than 2 years in experience 48.75%.
63
In conclusion during this research the study revealed that the Role of Non-Governmental
Organizations (NGOs) on global governance and their legal status under International
Law. Furthermore, the study found that Non-Governmental Organizations (NGOs) has
faces challenges, some of the most common challenges are difficulties in obtaining funds,
lack of proper networking, lack of governance and lack of accountability.
5.2. RECOMMENDATIONS
Since the findings of the study indicated the Role of Non-Governmental Organizations
(NGOs) on global governance and their legal status under International Law, so the
researcher summarizes a few suggestions for the following recommendations based on
his own view.
1. With the spectacular rise of the NGO sector around the world, NGOs must confront a
number of concerns. The first would be how NGOs can hold themselves accountable
to their constituencies, including the grassroots or community groups they serve and
aid, as well as other NGOs, donors, and the government. NGOs must be transparent
and open about their programs, projects, and activities, as well as their financial
operations, in order to be held accountable to the public.
2. In order to have the maximum impact, NGOs must also investigate measures to
improve their own capabilities. Many required skills are still lacking within NGOs,
especially in light of changing realities that necessitate new sorts of interventions.
Commitment, excellent intentions, and positive feelings aren't enough. The bottom
line is that development should be approached professionally. NGOs must preserve
and develop their "quality circle" approach, or their ability to see and implement
initiatives in a holistic manner, as opposed to the government's more
compartmentalized approach.
3. Networks and coalitions are an important instrument for NGOs to facilitate their own
capacity building and monitoring within the sector. Not only does networking allow
people to connect in order to access financial and technical resources. Within the
NGO community, it can also lead to group accountability. At all levels - local,
national, regional, and worldwide - networking based on geographic closeness should
64
be fostered. Another valuable endeavor is networking based on shared interests and
concerns. With the constantly growing number of NGOs, it is critical that the sector
work to build and maintain partnerships based on similar goals and objectives.
4. NGOs must also continue to develop their own popular bases in order to gain political
and financial support. NGOs should begin to address the issue of over-dependence on
donor help and devise strategies for increasing self-reliance even as donors increase
their support for NGOs and NGO activities.
5. In terms of their interactions with the government, NGOs must establish and
strengthen lines of communication and contact with government.. On issues of mutual
concern, NGOs have a responsibility to submit well-researched, responsible
perspectives to government.
65
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APENDIX (A) QUESTIONNAIRE
Dear respondent.
Greetings!
My name is Abdulkadir Abdi Ahmed “Kanaale”, I am a graduate student of the faculty

of law (Gahayr) at Somali National University (SNU). I am required to conduct a study
entitled ―the Role of Non-Governmental Organizations (NGOs) on global governance
and their legal status under International Law‖.
In the regard, I am asking for your precious time, and effort to answer all the questions in
the questionnaire that are important and helpful for the completion of the study.
Your positive response in this request will be valuable contribution for the success of the
study and will highly appreciate.
Thank you very much for your cooperation.
Respectfully Yours.
Section (A): Personal Information.
Please provide the following information about yourself by placing tick (√) on one to the
choice to assist me in analysing response.
1. Gender:
a) Male
b) Female
2. Age:
a) 22 – 30
b) 31 – 40
c) Above 40
3. Marital Status:
a) Single
69
b) Married
c) Divorce
4. Educational Level:
a) Bachelor
b) Master
c) PhD
5. Level of Experience:
a) Less than 2 years
b) 2 – 5 years
c) 6 – 9 years
d) Above 9 years
SECTION (B): Choose the following scale and indicate tick (√) one of the options under
the options below. And the scales of 1 – 5 are stands for the options you want to choose
and these below chart shows.
Objective One: The Role of Non-Governmental Organizations (NGOs) in the

Process of International Treaty Making.
No: Statement Agree Strong Neutral Disagree Strong

Agree Disagree
1. Article 71 of the UN Charter says
that the Economic and Social
Council ―may make suitable
arrangements for consultation
with non-governmental
organizations (NGOs) which are
concerned with matters within its
competence.‖ So that, NGOs
70
contribute to the work of the
U.N.
2. Non-governmental
organizations (NGOs) play an
increasingly important role not
only as international political
actors but also as organizations
involved in the creation,
implementation and
enforcement of international
law. ... Until now, NGO rules
have developed organically
within each organization, treaty
body or international court.
3. Nongovernmental organizations
(NGOs) have exerted a profound
influence on the scope and
dictates of international
law. NGOs have fostered
treaties, promoted the creation
of new international
organizations (IOs).
4. Non-governmental organizations
(NGOs) have become real actors
in international law in
proposing and negotiating new
standards, such as the
implementation and control of
international environmental
law. ... They participate, thus, in
promoting values of international
71
environmental law, such as
sustainable development and risk
control activities.
5. NGOs have been characterized as
the 'lynchpins' (backbone) of the
international system, for their
role in mobilizing public
support and providing
information on issues where
states cannot or will not act. ...
NGOs' use of information is
important in the implementation
and monitoring of states'
compliance with international
law.
Objective Two: The Role of Non-Governmental Organizations (NGOs) In

Strengthening Civil Society and Democratic Development.
Agree Disagree
1. Non-governmental
organizations (NGOs) ensure
development which
essentially involves the
equal participation of the
people. They have played an
important role in the
protection of human rights,
and also educating and
motivating people to fight
for their rights. The NGOs
72
help the victim of human
right violation by providing
them assistance and advice.
The NGOs have filed cases,
writ petitions and public
interest litigation on behalf of
victims and public at large for
protection of human rights.
2. Non-governmental
organizations (NGOs)
strengthened the role
of government by aiding
various services that the
government may not be in a
position to cover or is facing
inadequacies. NGOs help the
government achieve its vision
and mission to serve society.
3. Non-governmental
organizations (NGOs)
activities include, but are not
limited to, environmental,
social, advocacy and human
rights work. They can work to
promote social or political
change on a broad scale or
very locally. NGOs play a
critical part in developing
society, improving
communities, and
promoting citizen
73
participation.
4. Non-governmental
organizations (NGOs) act as
planners and implementers
of developmental plans in
rural development. They
help in mobilizing the local
resources to be used for
development. NGOs help in
building a self-reliant and
sustainable society. These
agencies play the role of
mediator between people and
government.
5. Non-governmental
organizations (NGOs) help
democracy work properly.
They do this by making it
easier for people to get
information about how their
country is being run, helping
the public communicate with
politicians, and making sure
that governments do not abuse
their powers.
Objective Three: The Role of Non-Governmental Organizations (NGOs) Shape

Global Governance.
Agree Disagree
74
(NGOs) extremely enhance the
flow of information in global
governance. They report
information about domestic
politics to the world beyond a
nation's borders, and, in the
reverse direction, they bring global
concerns and perspectives to the
national and local levels.
(NGOs) play an important role
in global social development
work that has helped facilitates
achievements in human
development as measured by the
UN Human Development Index
(HDI). One of the major strengths
of NGOs is their ability to
maintain institutional
independence and political
neutrality.
3. The many changes underway
worldwide where non-
governmental organizations
(NGOs) of all kinds increasingly
play an influential role in
international affairs. So now it is
just not that much of a stretch to
envision those individuals
representing their NGOs as
effectively taking up a
75
diplomatic role.
(NGOs) are playing an
increasingly significant role in
global governance, whether
participating in the United Nations
system or bringing global concerns
to the domestic level. From local
to global, NGOs are now an
essential aspect of a variety of
systems.
5. Some NGO activists naively assert
that Non-governmental
organizations (NGOs) can act as
the "voice of the people," calling
governments to account and
extending democracy to global
diplomacy.
Thanks for filling in this survey. It is very much appreciated.
76
APENDEX (B) WORK PLAN
No Time frame Activities

1. September 1, 2021 Topic/ Title Selection
2. September 10, 2021 Little Proposal of the Research Book
3. October 1, 2021 Chapter One ―Introduction‖
4. October 15, 2021 Chapter Two ―Literature Review‖
5. November 1, 2021 Chapter Three ―Methodology‖
6. November 25, 2021 Research Instrument ―Questionnaire‖
7. November 30, 2021 Chapter Four ―Data Analysis And Interpretations‖
8. December 6, 2021 Chapter Five
9. December 18, 2021 Graduation Projects Must Be Submitted
10. January, 2022 Insha Allah, It will be a thesis defense
77
APPENDIX (C) BUDGET
(EXPENSES INCURRED)
NO Description Total Amount in Dollars

1. Cafeteria $100
2. Transportation Expenses $70
3. Using Internet $25
4. Printing Expenses & Book Publishing $20
5. Materials of Stationary $15
6. Telephone Expenses $10
7. Other Expenses $10
Total $250
78
APPENDIX (D) NGOS SHAPE GLOBAL GOVERNANCE
END
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‫ِيم‬

ِ ‫الرح‬ َّ ‫ِب ْس ِم اللَّـ ِه‬

Jaamacadda Ummadda ‫الجــــامـــعـة الـــوطــنـيـة‬

Abdulkadir Abdi Ahmed “Kanaale”

THESIS SUBMITTED IN PARTIALL FULLFILMENT FOR THE

Abdulkadir Abdi Ahmed ―Kanaale‖

Date: _____/_____/ 2021

Mr. Mohamed Khadar Ahmed Dufle

Date: ____ /____ /2021

Prof. Abdullahi Omar Abdulle

In the name of Allah the Most Gracious and Merciful, Alhamdulillah,

The main objective of the study as the Role of Non-Governmental Organizations

TABLE 4.1 SHOWS GENDER OF THE RESPONDENTS ........................................ 34

TABLE 4.2 SHOWS AGE OF THE RESPONDENTS ............................................... 36

TABLE 4.3 SHOWS THE MARITAL STATUS OF THE RESPONDENTS ............. 36

TABLE 4.4 SHOWS THE EDUCATIONAL LEVEL OF THE RESPONDENTS ..... 37

TABLE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS ............ 38

4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS ........................................ 39

Table 4.7 shows that: Non-governmental organizations (NGOs) play an

Table 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a

Table 4.11 shows that: Non-governmental organizations (NGOs) ensure

Table 4.12 shows that: Non-governmental organizations (NGOs) strengthened the

Table 4.13 shows that: Non-governmental organizations (NGOs) activities include,

Table 4.14 shows that: Non-governmental organizations (NGOs) act as planners

Table 4.15 shows that: Non-governmental organizations (NGOs) help democracy

Table 4.16 shows that: Non-governmental organizations (NGOs)

Table 4.17 shows that: Non-governmental organizations (NGOs) play an important

Table 4.19 shows that: Non-governmental organizations (NGOs) are playing an

FIGURE 4.1 SHOWS GENDER OF THE RESPONDENTS ...................................... 35

FIGURE 4.2 SHOWS AGE OF THE RESPONDENTS .............................................. 35

FIGURE 4.3 SHOWS MARITAL STATUS OF THE RESPONDENTS. ................... 37

FIGURE 4.4 SHOWS EDUCATIONAL LEVEL OF THE RESPONDENTS. ........... 38

FIGURE 4.5 SHOWS LEVEL OF EXPERIENCE OF THE RESPONDENTS. ......... 39

4.2. OPTIONS' RESPONSES OF THE PARTICIPATORS ........................................ 39

Figure 4.7 shows that: Non-governmental organizations (NGOs) play an

Figure 4.8 shows that: Nongovernmental organizations (NGOs) have exerted a

Figure 4.11 shows that: Non-governmental organizations (NGOs) ensure

Figure 4.12 shows that: Non-governmental organizations (NGOs) strengthened the

Figure 4.13 shows that: Non-governmental organizations (NGOs) activities include,

Figure 4.14 shows that: Non-governmental organizations (NGOs) act as planners

Figure 4.15 shows that: Non-governmental organizations (NGOs) help democracy

Figure 4.16 shows that: Non-governmental organizations (NGOs)

Figure 4.17 shows that: Non-governmental organizations (NGOs) play an important

Figure 4.19 shows that: Non-governmental organizations (NGOs) are playing an

This chapter is linked to the Role of Non-Governmental Organizations (NGOs) on

1.1. BACKGROUND OF THE STUDY

International non-governmental organizations have a history dating back to at least 1839.

Functional Definitions: The focus of functional definitions is based on the purpose of

Economic Definitions: The economic definitions emphasize the source of funding

1.2. PROBLEM STATEMENT

Difficulties in obtaining funds: The majority of non-governmental organizations

Lack of governance: many non-governmental organizations do not have a board of

Non-governmental organizations (NGOs) face numerous challenges; however, one of the

1.3.1. GENERAL OBJECTIVE

The Role of Non-Governmental Organizations (NGOs) on global governance and their

1.3.2. SPECIFIC OBJECTIVES

 To determine the Role of Non-Governmental Organizations in the Process of

1.4. RESEARCH QUESTIONS

 What is the Role of Non-Governmental Organizations in the Process of

1.5. SIGNIFICANCE OF THE STUDY

1.6.1. CONTENT SCOPE

The research focused on the Role of Non-Governmental Organizations (NGOs) on global

1.6.2. TIME SCOPE

Date: _/_/ 2021

Date: / /2021