The Role of Non-Governmental Organizations in the Promotion and Protection of Human Rights

“Working at international or national levels, Non-Governmental Organizations function as

ombudsmen calling attention of governments’ violation of human rights through reports, public
statements that influence foreign policies on human rights.”

Before we proceed with the topic, let us first discuss what are Non-Governmental Organizations (NGO).

What are Non-Governmental Organizations (NGOs)?

Non-Governmental Organizations are voluntary group of individuals or organizations, usually not

affiliated with any government, that is formed to provide services or to advocate a public policy.

The term non-governmental or non-profit is normally used to cover the range of organisations which go
to make up civil society. Such organisations are characterised, in general, by having as the purpose of
their existence something other than financial profit. However, this leaves a huge multitude of reasons
for existence and a wide variety of enterprises and activities. NGOs range from small pressure groups
on, for example, specific environmental concerns or specific human rights violations, through
educational charities, women's refuges, cultural associations, religious organisations, legal foundations,
humanitarian assistance programmes – and the list could continue – all the way to the huge
international organisations with hundreds or even thousands of branches or members in different parts
of the world.

United Nations’ Recognition of NGOs

NGOs play a major role in the general functions of United Nations especially in the promotion and
protection of human rights. In Article 71 of the UN Charter, it expressly mandates:

Article 71 of the United Nations Charter

“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.”

Under this article, NGOs allowed to sit as observers at public meetings of the Council and Commission
on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

These NGOs are categorized into:

1. Those having basic interest in most of the activities of the council;

2. The bodies having particular competence on certain aspects of the council’s work; and
3. Those concerned with building public opinion and disseminating information.

The intervention of NGOs usually needs the urgent attention of the UN.
Though these are not really their functions as directed to them by the United Nations, here are some
roles of NGOs in the United Nations:

Role of NGOs in the United Nations:

1. Fighting violations of human rights either directly or by supporting particular cases through
relevant courts;
2. Offering direct assistance to those whose rights have been violated;
3. Propose adoption of instruments on human rights based on their studies;
They may lobby for changes to national, regional or international law
4. Submit reports alleging violation of human rights for confidential considerations;
Also, NGOs have increasingly played the
5. Formative role in the initiation, drafting, interpretation and appreciation of international
human rights treaties;
helping to develop the substance of those laws
6. Inform the general public of United Nations activities in the field of human rights.
Encouraging everyone to promote and respect for their human rights and the human rights of
others.

The contribution of NGOs is important not only in terms of the results that are achieved, but also
because NGOs are tools that are available to be used by individuals and groups throughout the world.
They are managed and co-ordinated by private individuals and they also draw a large part of their
strength from other members of the community offering voluntary support to their cause. This fact gives
them great significance for those individuals who would like to contribute to the improvement of human
rights in the world.

As what Coquia mentioned in his book:

“The ultimate weapon of NGOs is public opinion, as they do not have control of forceable compliance
of human rights laws.” - Coquia

The NGOs’ Role in the Drafting of United Nations Charter Provision on Human Rights

It was through the NGO’s influence that the preamble of the United Nations Charter, reflected the
expression of the re-affirmation of faith by peoples of the world in the fundamental rights and the
dignity and worth of every human person by the members states, has been formulated.

United Nations Charter: Preamble

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and “to reaffirm
faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights
of men and women and of nations large and small,” and to establish conditions under which justice
and respect for the obligations arising from treaties and other sources of international law can be
maintained, and to promote social progress and better standards of life in larger freedom,
Human rights is the concern, not only for the government, but for every person. It is in this concept that
the NGOs who represent the greater portion of the population play a major role in its promotion and
protection.

NGOs as Ombudsmen

Working on the international and national levels, NGOs function as official Ombudsman, safeguarding
human rights and calling the attention of the government on violation through periodic reports, public
statements, participation in the deliberations established by intergovernmental organizations, the NGOs
stimulate public opinions and initiation on the foundation of foreign policy of country on matters
concerning the violation of human rights.

Monitoring of Government Compliance with Human Rights Instruments

It is in the monitoring of the government’s compliance with the international instruments on human
rights that NGOs have been more effective.

NGOs analyze national legislation and court decisions in compliance with human rights treaties, and
conducts independent investigation on human rights violations.

The United Nations recognized the work of international NGOs in the field of human rights.

Here are some examples of renowned international NGOs which played a major role in protecting and
promoting human rights.

Examples of International NGOs:

1. International Committee of the Red Cross

an impartial, neutral and independent organization whose exclusively humanitarian mission is to
protect the lives and dignity of victims of armed conflict and other situations of violence and to
provide them with assistance.
It also endeavours to prevent suffering by promoting and strengthening humanitarian law and
universal humanitarian principles.
2. Amnesty International
is a global movement which campaigns for a world where human rights are enjoyed by all.
3. Anti-Slavery Society
An organization which advocates for freedom from slavery for everyone
4. The International Association of Democratic Lawyers
An organization created by lawyers which advocates against violation of human rights of groups
and individuals and threats to international peace and security, legal issues under international
law.
5. The International Federation of Human Rights
which mandate is to act effectively to ensure all the rights laid down in the Universal Declaration
of Human Rights are respected.
The critical conclusions of international NGOs in their monitoring functions, for the compliance with
international instruments on human rights are usually not accepted by most governments.

Most governments feel offended if they are reminded by international NGOs of their failure to comply
with human rights instruments. For example, in cases of racial discrimination, some countries ignore
those requests by the NGOs. Though in some cases, countries may agree to impartial investigation in
fear of adverse public opinion.

NGOs have more freedom to criticize governments as they are independent bodies. They maintain a
good reputation due to their expertise in the field of human rights.

In some situations where there is a massive violation of human rights, international NGO’s may offer to
send a mission to that country to obtain first-hand information of violation of human rights.

Humanitarian Assistance to Human Rights Victims

NGOs with adequate funding and resource may render humanitarian assistance to victims of human
rights violations. The best example of this he International Committee of Red Cross, which provides
equipment and supplies, clothing and shelter to victims. Due to this work, the Red Cross earned and
received the support of some government.

Legal Assistance to Human Rights Victims

NGOs may also give legal assistance to human rights victims thru legal representation of persons
arbitrarily arrested, preparation of documents to prove the innocence of persons unjustly accused,
petition for the release of detainees and the utilization of the complaints procedure.

Example of legal assistance provided by NGOs:

1. Legal representation of persons arbitrarily arrested

2. Preparation of documents to prove the innocence of persons unjustly accused
3. Petition for the release of detainees and the utilization of the complaints procedure

The United Nations “1503” procedure in cases of consistent pattern of gross violation of human rights is
an example of NGO legal assistance.

The United Nations “1503” Procedure

The complaint procedure, also known as “procedure 1503”, is a universal mechanism bearing the
number of the resolution by the former UN Commission on Human Rights which established it. The
procedure is confidential and examines the human rights situation within a State.
International Cases/Events involving NGOs:

Centre on Housing Rights and Evictions (COHRE) v. Italy

A complaint submitted by the Centre on Housing Rights and Evictions (COHRE) in the Council of Europe's
Committee of Social Rights (supervising the Revised European Social Charter) alleges violations of the
right to adequate housing including forced eviction of Roma and Sinti communities in Italy as well as
mass expulsion of Roma migrant workers. Roma and Sinti are refugees originating from Germany.
COHRE utilized the international human rights law understanding of "housing" as implying more than a
roof over one's head. COHRE emphasizes that "everyone should have access to adequate housing that is
guaranteed to them under international human rights law."

The Council of Europe's Committee of Social Rights found Italy to have violated their rights by evicting
and expelling them out of Italy. Violations were found in relation to: discrimination and violations of the
rights to adequate housing; social, legal and economic protection; protection against poverty and social
exclusion; and the right of migrant families to protection and assistance.

With a view to ensuring the effective exercise of the right to housing, the parties undertook to take
measures designed:

- to promote access to housing of an adequate standard

- to prevent and reduce homelessness with a view to its gradual elimination

- to make the price of housing accessible to those without adequate resources

1961 Environmental concerns in Switzerland

Between 1961 and 1976, several large chemical giants dumped more than 114,000 tons of toxic
industrial chemical waste in the former clay pit of Bonfol in Switzerland. Although it would be illegal to
dump the waste today, in 1961, when the landfill site was started, the law did not prohibit such landfills.
The toxic waste remained at the site and continued to contaminate surrounding communities and the
environment with a mixture of organic and inorganic pollutants.

On May 14 2000, around 100 Greenpeace activists occupied the Bonfol chemical landfill site, demanding
that the chemical companies that dumped toxic waste at the site take full responsibility for cleaning it
up. The activists declared that they would occupy the site until the chemical companies committed
themselves to cleaning it up in a manner that would not pose any further risk to human health or the
environment.

Occupation of the landfill forced the chemical industry to meet with community representatives and
with Greenpeace and, as a result, the chemical industry finally signed an agreement to complete a clean-
up study by February 2001 and to start the clean-up process in 2001. The industry also agreed to involve
the local communities and environmental organisations fully in the clean-up and to inform the local
communities about the ground water and drinking water pollution resulting from the dump. On July 7th
2001, Greenpeace ended their occupation of the chemical dumpsite.
NGOs in the Philippines

There are several NGOs on human rights in the Philippines. They are actively collaborating with the
Commission on Human Rights and other relevant agencies in promotion and protection of human rights
in the country.

Example of NGOs on Human Rights in the Philippines:

1. Amnesty International (Philippines)

2. Christian Children’s Fund (CCF)
3. Center for the Protection of Children’s Rights
4. Philippine Alliance of Human Rights Advocates (PAHRA)
5. Samahan ng mga Ex-Detainees Laban sa Detensyon para sa Amnestiya (SELDA)
6. Task Force Detainees of the Philippines (TFDP)
7. Justice, Peace and Integrity of Creation Commission
8. Kapisanan ng mga Kamag-anak ng Migrantent Manggagawang Pilipino, Inc.
9. Commission on Women’s Political Rights (GABRIELA)
10. Asian Women Human Rights Council (AWHRC)
11. Women’s Association of the Philippines (WLAPI)
12. Women Lawyers Circle (WOLOCI)
13. Stop Trafficking of Filipinos (STOP)
14. Legal Rights and Natural Resources Center – Kasama sa Kalikasan (LRC – KSK)

These NGOs help in monitoring and identifying violations committed against human rights.

I will discuss further the role of these NGOs in the succeeding topic.

Assistance to the Monitoring Function of the Philippine Commission on Human Rights

Par. 1, Section 17, Article XIII of the 1987 Constitution created the Commission on Human Rights.

Par. 1, Section 17, Article XIII of the 1987 Constitution:

“There is hereby created an independent office called the Commission on Human Rights.”

In Par. 7, Section 18, Article XIII, the Constitution mandates the Commission on Human Rights to monitor
the Philippine Government’s compliance with the international treaty obligation on human rights.

Par. 7, Section 18, Article XIII of the 1987 Constitution:

“Monitor the Philippine Government’s compliance with international treaty obligations on

human rights.”

For example, the Philippines is a signatory to the International Covenant on Economic, Social and
Cultural Rights which ensures the enjoyment of economic, social and cultural rights, including the rights
to education, fair and just conditions of work, and adequate standard of living. Also, International
Covenant on Civil and Political Rights (ICCPR) which obligated us to uphold the rights to life; prohibition
of cruel, inhuman, or degrading treatment or punishment; and liberty, among others.

The CHR has the duty to monitor if the government complied with the said international treaty.

However, the NGOs are still in a better position of identifying violations on human rights committed by
any branch of the government due to their independence.

Development Aggression

The widespread violation of civil and political rights during the authoritarian government of President
Marcos prompted individuals to form non-governmental organizations to resist the dictatorial
administration. After experiencing the civil and political violations during the repressive regime, new
forms of violation are categorized under the economic, social and cultural rights. The NGOs categorize
these as “development aggression.”

New forms of violation:

1. Violation of Economic Rights

2. Violation of Social Rights
3. Violation of Cultural Rights

The NGOs categorize these as “development aggression.”

In relation to this new category, the NGOs cited in the previous discussion were created to monitor
these kinds of abuses and violations.

1. Amnesty International (Philippines)

Monitors violation in civil and political rights such as extrajudicial executions; forced
disappearances; abuse of persons under detention; and others similar violations.

2. Christian Children’s Fund (CCF)

3. Center for the Protection of Children’s Rights
Monitors our compliance with the Convention on the Rights of the Children which protects
children's rights by setting standards in health care, education, and legal, civil and social
services.

4. Philippine Alliance of Human Rights Advocates (PAHRA)

5. Samahan ng mga Ex-Detainees Laban sa Detensyon para sa Amnestiya (SELDA)
6. Task Force Detainees of the Philippines (TFDP)
These are some NGOs which ensures our compliance with the Convention Against Torture and
Other Cruel, Inhuman, Degrading Treatment and Punishment

7. Justice, Peace and Integrity of Creation Commission

Monitors injustices and violation of human rights committed by the government adversely
affecting the ecological integrity and environment
 8. Kapisanan ng mga Kamag-anak ng Migrantent Manggagawang Pilipino, Inc.
Actively informs the Commission on Human Rights on various problems of Filipino Migrant
Workers

9. Commission on Women’s Political Rights (GABRIELA)

10. Asian Women Human Rights Council (AWHRC)
11. Women’s Association of the Philippines (WLAPI)
12. Women Lawyers Circle (WOLOCI)
Plays a major role in ensuring that the Convention on the Elimination of All Forms of
Discrimination Against Women is properly complied with. Some of these NGOs were also
responsible for repealing or amending of laws discriminatory against women

13. Stop Trafficking of Filipinos (STOP)

Monitors violations against the Convention for the Suppression of the Traffic in Persons and of
the Exploitation of the Prostitution of Others

14. Legal Rights and Natural Resources Center – Kasama sa Kalikasan (LRC – KSK)
An NGO concerned with the protection of people dependent on natural resource

The study of Atty. Repuyan-Bañez, a ranking official in the CHR Legal Office, found the following in the
order of priority on monitoring specific rights.

Order of Priority on monitoring specific rights by Atty. Repuyan-Bañez:

1. Right to Life
2. Right not to be Arbitrarily Arrested
3. Right not to be Tortured
4. Right to a Fair Trial
5. Right to Food and Clothing
6. Right not to be Discriminated Against
7. Right to Education
8. Right to Fair Working Condition
9. Right to Health Care
10. Right to Political Participation
11. Right to Freedom of Association

Legal Assistance and Services

More than merely monitoring, NGOs composed of volunteer lawyers have been rendering free legal
assistance and services to human rights victims. One of the functions of the CHR is to provide
appropriate legal measure for the protection of human rights of Filipinos.

NGOs such as the Integrated Bar of the Philippines, International Commission of Jurists (Philippine
Section), also provides free legal aid and pro bono legal services to human rights victims.
"Everyone has the right, individually and in association with others, to promote and to strive for the
protection and realization of human rights and fundamental freedoms at the national and
international levels."

Article 1, UN Declaration on Human Rights Defenders