Non-governmental organizations and African human rights systems

Ngos & Human Rights in Africa

Non-governmental organizations have had an unprecedented effect on international human rights in the African system. NGOs have been recognized for their forward thinking ability in improving international human rights in Africa.

NGOs participation in the African Human Rights system has been in two ways. The first is through international and government commissions like the OAU, with some having rights to participate in public meetings. This presents NGOs with the responsibility of promoting human rights by national training programmes, raising profile of commissions in rural areas, disseminating materials, and facilitating and promoting visits to nations.

This research carries out an in depth analysis of the contributions of NGOs in creating changes to human rights in the African system. This is by defining the constitution, progress, and history of NGOs in Africa, and the different contributions made in achieving international human rights. This explores the rise of NGOs in Africa after the Cold War, in post-colonial African states, under the influence of international NGOs and organizations like the United Nations and Amnesty International. It is also evident that the attainment of human rights and freedoms in Africa is the result of the combination of efforts by NGOs with civil and law societies. This is necessary to create a picture of the manner in which NGOs have managed in furthering the cause of Africa's human right issues and the fit of African NGOs in this contribution. The research uses case studies of NGOs like Maendeleo Ya Wanawake in Kenya promoting womens' rights, Treatment Action Campaign (TAC) in South Africa promoting the rights of refugees, migrants, and asylum seekers, and Legal Resources Center in Malawi promoting civil rights and liberties, among others. It also analyzes the activities NGOs participate in to provide a link in the protection and promotion of human rights at the national level of African states, using case studies.

Human Rights and Non-Governmental Organizations in Africa

Human rights NGOs fulfill different functions identified by Harry Scoble and Laurie Wiseberg as six key tasks.

These include the gathering of information; dissemination and evaluation; human relief and providing legal aid to families and victims; advocacy; moral praise and condemnation; internationalizing and legitimizing local concerns; building solidarity in the oppressed; and lobbying intergovernmental and national authorities (Welch 2003). Theorists like Welch Jr. (2003) also add roles like standard setting and norm creation, which rule of law and human rights NGOs have had huge success. For example, NGOs have successfully drafted conventions against anti-personnel landmines, torture, and children's rights, by gathering national and global support, and persuading governments to use drafted language in legal treaties. It is evident that African NGOs created awareness on human rights and the rule of law. Often, these NGOs adhere to the Wiseberg-Scoble typology of identifying and documenting violations (Welch 2003 p.315).

Non-governmental organizations have participated in the human rights discourse since 1945 after the adoption of the United Nations Charter. However, it was until the adoption of the Universal Declaration of Human Rights that international human rights NGOs were created and adopted in the world. The first human rights NGOs were created as a response to the horrors of the atrocities of the World War II. They participated in regional bodies like the Council of Europe, Organization of African Unity, and Organization of American States (2001). NGOs began participating in human rights issues in Africa at the end of the Cold War, following the deterioration of post-colonial nations.

International human right NGOs began paying attention to African states following the proliferation of guns, political and dictatorial confrontation, and ungovernable democracy in the 1960s and 1970s (Welch 2003). At the time, aid to African NGOs mainly came from organizations like the Ford Foundation, and governments of the Scandinavia, Dutch, and German. Human rights promotion and protection was a challenge in African states since the states hid behind the principle of non-interference and national sovereignty (Ouguergouz 2003).

Initially, NGOs were granted observer status by governments and African charters like the Organization of African Unity.

According to Ouguergouz (2003) the OAU contributed to the promotion of human rights in Africa through Article II (1b) which states the purpose of nations is to intensify and coordinate cooperation and efforts in achieving a better life for Africans (p.2). The OAU and the African Human Rights Charter have made major contributions to the promotion and protection of human rights through eradicating apartheid and colonialism as seen in South Africa and Namibia.

They were recognized as national and transnational organizations, which provided African charters and governments with detailed statistics and information gathered on the ground on human rights violations (Smith 2007 p.132). However, these initial efforts were not at first recognized by Africans from their suspicion of NGOs as organizations connected to the history of colonialism and slavery. Africans traditionally placed their trust on ethnic group, but later transferred this trust to nation-state following the introduction of Free states and free rule from colonialism.

The continued search for their rights and freedoms saw many NGOs in Africa follow the model and seek for assistance from international and foreign NGOs. Key international NGOs that contributed in strengthening the fight for human rights and freedoms by NGOs in Africa included Amnesty International (AI), Human Rights Watch (HRW), and the International Commission of Jurists (ICJ). This saw African NGOs taking up human rights and freedoms initiatives that focused on particular aspects of political and civil rights abuses that were visible.

In addition, NGOs operating in Africa were allowed by local governments to carry out their activities if they met the definition and qualification of the United Nations, Chapter X of Article 71, and present their views according to resolution 1269, article 9. African governments would not allow an NGO to operate in their states if they thought its activities would expose the bad human rights records of the government. However, the successes in human rights concerns were made by NGOs that received support from law societies in Africa that gave legal aid. Major civil law societies that contributed to the development of African human rights systems by NGOs include the Legal Advice Center of the Public Law Institute of Kenya, and the Legal Aid Committee of the Law Faculty of the University of Dar-es-Salaam.

This allowed the NGOs to gain a concept of human rights and freedoms that would speak of the experiences of oppressed victims they represented. This also provided the NGOs with a founding mandate for their operations on issues of rights and freedoms, and thereby gains an independent representation before governments.

The first NGOs led to the creation of an African human rights system through several activities. They used their position and status with international NGO affiliates like the UN and AI (Bosire & Mutua 2011). This depended on using existing norms, invoking recognized principles, and working within the scope and severity of civil right abuses. They then raised human right issues before local governments by lobbying, while seeking the involvement and support of human rights NGOs like AI. NGOs then mobilized expertise on human rights and made them available to the local governments, to educate and encourage sympathetic governments to pursue human rights and freedoms. This often utilized conventions and declarations of the UN in persuading local governments to pursue human right issues. For example, the NGOs in Africa joined the International Campaign to Ban Landmines, and used treaties with local governments through the Human Rights Watch and gave each government veto. The goal was to establish a strong norm among governments that were reluctant to meet human rights and freedom concerns under moral pressure by using veto.

Activities NGOs in Africa have successfully used in changing and promoting human rights concerns include the use of participatory approaches like the formation of groups, causes and activities, as seen with community-based groups and churches.

NGOs in Africa are also able to promote human rights concerns by increasing participation of individuals, groups, government, and organizations through legal resources.

NGOs also have promoted human rights in Africa through aggressive forums, like lawyers using courts to fight for rights.

In effect of these activities, this research finds numerous examples of the contribution of NGOs in the improvement of human rights and freedoms in Africa, across different political, social, and economic aspects. NGOs in Africa have succeed in promoting human rights and freedoms, civil rights and liberties. For example, the Legal Resources Centre (LRC) in Malawi, which emanated from a civil society and led by Vera Chirwa a human rights activist and a detainee of dictator Banda Hastings.

The LRC contributed in the education of Malawians on their human rights, carried out legal research, and gave legal representation to low-income groups (Bosire & Mutua 2011). The organization also contributed to human rights concern through advocacy by organizing conferences on electoral and constitutional reforms, and brought forward cases on behalf of illegal detainees, victims of police brutality, and unlawful deaths (Matanga 2010). NGOs in Africa also successfully promoted and protected human rights and monitored human rights violations in African states. For example, "L'Association Mauritanienne des Droits de l'Homme (AMDH)" in Mauritania, was mainly composed of high school and university students, teachers, and lawyers. The NGO focused its activities on three main areas of violations of human rights including mass killings of black soldiers, massive Mauritian repatriation from Senegal, and the deportation of members of press and soldiers to the desert (Appiagyei-Atua 2002). The NGO used press campaigns and provoked international communities to denounce the killings and pressure Mauritius government to create a commission of inquiry. The NGO is an example of African NGOs that promoted human rights concerns by undertaking fact-findings, investigation of violations of human rights.

The fight for human rights and freedoms in Africa has centered on gathering international support to pressure governments and local support through press campaigns and press releases. The NGOs promote and protect human rights by gathering support through civic education on their right to civil rights and liberties (Matanga 2010). A major NGO that successfully improved and protected civil rights and liberties in Africa is the Civil Liberties Organization in Nigeria.

The CLO is considered a model of organization in Africa for it has members in 16 states, and is divided into different project areas. These include litigation women's rights, police and prison, annual report, national expansion, empowerment and campaign, resource centre, documentation and research, environmental action in oil-producing areas, ethics in government, and African monitoring group (Appiagyei-Atua 2002 p.281). This organization investigates and campaigns for human rights abuses through departments of publication and communication to litigate the government on behalf of victims. NGOs like the Committee for the Defense of Human Rights in Nigeria, has successfully litigated for victims of human rights violations by non-states and government actors (Appiagyei-Atua 2002 p.281). The organization has successfully campaigned against extra-judicial killings, detention without trial, and structural adjustment programs in Nigeria.

The review of literature indicates that NGOs in Africa have for decades tried to fight for the rights of citizens violated by their governments, local leadership, individuals, or groups. It is noted that the most successful NGOs in Africa have a strong legal foundation as seen with the CLO, AMDH, and CDHR.

This evidence supports earlier findings that indicated that NGOs in Africa evolved and were supported by civil and legal societies that gave them a purpose, mandate, and framework for activities. An example of an NGO that has fully utilized its legal connection and support in promoting human rights, and improve the lives of Africans is the "Kituo Cha Sheria" in Kenya.

The NGO has provided legal services to individuals and groups to heighten awareness of the law by using legal education materials, and organizing workshops, meetings, and seminars. The organization has been influential in the enhancement of the democratic process and establishing the rule of law in Kenya. Of importance is the improvement and protection of human rights, civil rights and liberties among Kenyan poor, oppressed, and ignorant.

This the organization achieves by offering legal services in the areas of land disputes, family law, landlord and tenant issues, employment and labor disputes, women rights, rape cases, and accident claims. In essence, NGOs are major contributors to the promotion and protection of human rights through legal aid offered to individuals and groups (Welch 1995). The NGOs are able to hold grass-root and national educational forums that carry out civic education on the rights, civil liberties of Africans. This research finds that NGOs have succeeded in demystifying the law to Africans, in a manner their governments and mainstream institutions have failed. In addition, NGOs like Kituo cha Sheria, Legal Assistance Centre of Namibia, CLO in Nigeria, are able to use simple language and create awareness among Africans on their individual and human rights. This ability is evident in their ability to promote human rights in the rural areas and among uneducated women in the markets of Africa (Matanga 2010). NGOs are able to achieve this since they assist in enforcing human rights treaties by reporting on the national system implementation process.

Apart from civil liberties, NGOs in Africa focus their efforts and resources in the promotion and protection of specific rights like the rights of women, children, the environment, farmers, refugees, asylum seekers, and migrants, among others. According to Ebeku Kaniye (2003) humans have the right to a satisfactory, clean and healthy environment (p.149). The improvement and protection of the environment in Africa has been on the increase following different international environmental protocols like the Kyoto protocol and advocacy by environmental NGOs. An example, is the enforcement of environmental protection laws and strategies in the Niger Delta, after oil operations led to oil spills and gas flares that degraded the environment in the region.

The Social and Economic Rights Action Center (SERAC) NGO launched a legal complaint to the African Charter on Human and People's Rights on behalf of the Ogonic people, that led to major changes in operations.

NGOs have successfully created, fought, and defended human rights in Africa especially for refugees, migrants, and asylum seekers. This is a major achievement given that despite the endorsement of human rights declaration and international covenants, many African states have discriminated and ignored the human rights of refugees by employing refoulement practices.

Governments also violated refugee, migrants, and asylum seekers human rights, by carry out mandatory detention through bureaucratic inefficiencies, which delayed processing of asylum applications.

For example, in South Africa, illegal refoulement and detention of Zimbabwean refugees continued unabated especially in 2008 (Elford 2008). In addition, the freedom of refugees was severely limited by travel restrictions, limited employment, and confinement in compounds in Kenya and Tanzania.

NGOs have assisted reducing and eliminating abuses to human rights and freedoms for refugees, migrants, and asylum seekers. For example, in South African, the Treatment Action Campaign (TAC) organized humanitarian emergency efforts to safeguard the human rights of migrants, asylum seekers, and refugees during the xenophobic attacks in 2008 (Elford 2008). The organization highlighted the government's systematic denial of basic human rights to foreign nationals and excluding them from constitutional guaranteed services. Often, NGOs and community-based organizations have negotiated for the defense of human life, human rights, and freedoms, calling for accountability in African nations (Elford 2008). This is successfully achieved through advocacy work, as used by TAC, which led the South African government to incorporate human rights in the commitment to justice and social change.

Another major achievement in improving human rights and freedom in Africa is the promotion of the rights of women. By 1992, adult female literacy was 45%, with 606 maternal mortality rates in 100,000 live births as compared to 7 maternal mortality rates in 100,000, in the U.S.A. The human rights among women in Africa were another key focus of NGOs both local and international (Akpabio 2009). This is because though African women produced 80% of the food production, they received little benefits. Moreover, African women were vulnerable to internal armed conflicts, with the levels of domestic violence being very high and less reported in many nations. The situation was dire for by the 1990s, South Africa was the only African nation with enacted legislation outlawing marital rape and domestic violence (Dauer and Gomez 2006). Despite the declaration of human rights and improvements in civil rights, women in Africa were denied economic, social, and cultural rights. These rights included the right to work, adequate standard of living, to adequate water, housing, food, and nutrition, standard health, social security, and right to education.

Local NGOs and community-based organizations have worked with international NGOs and international conventions like the "UN Convention on the Elimination of all forms of Discrimination against Women (CEDAW) "have improved the rights of women (Dauer and Gomez 2006). Organizations like Amnesty International through international campaigns like Stop Violence against Women (SVAW) in 2004, promoted the eradication of abuses against women by customary law and traditional practices in conflict and post-conflict nations. Initial efforts of NGOs through international bodies have led to the participation of women in significant forums on human and women rights as seen with the Third UN World Conference on Women in 1985 in Nairobi that saw over 3,000 women participate.

NGOs through various community-base programs have improved the rights of women especially concerning the distribution of wealth, education attainment, and access to education, political, and social participation.

In addition, NGOs are the main contributors to the improvement of the economic status of women, who are burdened by poverty and living in female headed households facing challenges like hunger, malnutrition, lack of income, ill health, and insecurity (Akpabio 2009). For example, a non-for-profit organization, the Maendeleo Ya Wanawake Organization (MYWO) in Kenya, has improved the quality of life for women and youth in rural communities.

The national NGO is sponsored by the government as well as international organizations like the UNICEF, and has used civic education to improve the economic, social, and well-being of women. The NGO has successfully reduced the rates of female gender mutilation in rural communities and has created numerous women economic projects to provide women with a source of income. NGOs like MYWO and Kenya Women Finance Trust (KWFT), use educational workshops, meetings, and seminars to empower women in gender issues, economic empowerment, and poverty eradication, improvement of health, peace and legal rights, and elimination of illiteracy. Interestingly, these NGOs are able to promote the rights of women and children by assisting the Kenyan government implement policies as stipulated in different policy documents, development plans, and sessional papers.

Women in Africa also face discrimination in unequal access to education, housing, health, and basic social services. In the last five years, advocacy efforts have seen improvements in national constitutions and laws that have led to the increase and access of women to control productive resources and sustainable development. This is particularly indicated by the increase in the number of women participating in African parliaments and leading public institutions. For example, in Kenya NGOs like Women Shadow Parliament (WSP), National Council of Women of Kenya (NCWK), Kenya Women Political Caucus (KWPC), and the NGO Women's Political Alliance have advocated to the increased participation of women in controlling productive resources in politics and society.

These efforts saw the legislation of the one-third women representation in parliament and the creation of the women representatives at the county level in the new 2010 constitution. This was the creation of women's constitutional rights implemented through the gender quota in parliament in the 2013 general elections in accordance to the constitution.

The fight of human rights in the African social, economic, and political system has entailed the involvement of NGOs in the drafting of policies and national laws. This action has produced positive results in the attainment of human rights especially civil liberties, women rights, and the rights of the African child.

NGOs have been prominent in the prompting of African Union/Organization of African Unity in the implementation of the rights of children. This is particularly evident in international and national NGOs like Plan International and the Save the Children Sweden, which advance the rights of children in Africa on a regional, national, and local level.