The missionary position: NGOs and development in Africa

This article traces the evolution of development non–governmental organizations (NGOs) in Africa, and suggests that their role represents a continuation of the work of their precursors, the missionaries and voluntary organizations that cooperated in Europe's colonization and control of Africa. The authors maintain that the work of the NGOs today contributes marginally to the relief of poverty in Africa, and significantly undermines the struggle of the African people to emancipate themselves from economic, social and political oppression. Development NGOs have, unwittingly or otherwise, become a part of the neo–liberal system that has resulted in widespread impoverishment and the loss of the authority of African states to determine their own agenda. NGOs could, and some do, play a role in supporting an emancipatory agenda in Africa, but it involves breaking with the 'missionary position' by disengaging from their paternalistic role in development.     

Global social justice at the WTO? The role of NGOs in constructing global social contracts

Over the past decade, international non‐governmental organizations (NGOs) have been contesting the neo‐liberal economic order in international politics by campaigning for normative conditions to bring about what Richard Falk calls ‘humane governance’. However, the degree to which NGOs have contributed to the formation of global social contracts remains controversial. While NGO activists and various scholars advocate the establishment of such contracts, empirical testing of this normative argument is underdeveloped. Drawing upon this lack of empirical support, critics dismiss the global social contract concept and question the roles played by NGOs in international politics. This article addresses the controversy through a review, refinement and application of global social contract theory and an empirical study of two prominent international NGO campaigns directed at the World Trade Organization (WTO), an institution that represents a ‘hard test case’. It explores the ways in which NGOs and their networks are challenging the neo‐liberal basis of WTO agreements and contributing to the emergence of global social contracts. The article concludes that in some circumstances, NGOs have the capacity to inject social justice into international economic contracts and there is some basis for optimism regarding the formation of global social contracts involving NGOs, nation‐states and international organizations.     

East Timorese Women Challenge Domestic Violence

Timor-Leste's struggle for independence has won it high international profile. Yet there is little known internationally about the role women played in the resistance movement and how independence has affected them. Has democratisation brought women greater freedom and rights? This article argues that some East Timorese women benefited from the construction of a new democratic state by mobilising and unifying in the political space created post-1999. East Timorese women's NGOs allied with international organisations and NGOs to form a campaign against domestic violence. This article takes a constructivist approach, analysing how international norms of women's rights and gender equality have: (1) emerged, (2) reached a tipping point, (3) cascaded and (4) been internalised in a post-conflict, democratising context.     

The history of Australian legal opposition to Japanese Antarctic whaling

ABSTRACT

Whaling has been a consistent theme in Australia’s relations with Japan since the 1930s, Australia having endeavoured to regulate, restrict, or bring to a complete halt Japan’s Antarctic whaling virtually since it began. Australia’s motivations have been mixed, involving at various points, some combination of protection of Australia’s coastal whaling industry, concern for Australia’s security, for safeguarding Australia’s Antarctic territorial claim, and more recently, concern for Australia’s whale-watching industry and/or for the whales. Since environmental consciousness became a primary factor in the 1970s, Australian policy has been aligned with that of anti-whaling non-governmental organizations (NGOs), albeit that certain actions of NGOs have caused difficulties for the Australian Government. Law – inclusive of legal argument in the course of diplomacy, domestic laws, and international litigation – has been a mechanism of influence used by the Australian Government and NGOs. This paper traces Australia’s legal opposition from its beginnings until Japan’s announcement in December 2018 that it would end Antarctic whaling.     

Patents and medicines: the relationship between TRIPS and the human right to health

The question of access to drugs in developing countries is at present largely influenced by the TRIPS Agreement. TRIPS compliance in the field of health requires substantial changes to existing patent laws in some countries. These changes must be analysed in the context of the spread of epidemics like HIV/AIDS and in relation to other international obligations that states have, for instance, with regard to the human right to health.
Intellectual property rights treaties today have significant impacts on the realization of some human rights like the right to health. This article examines the extent to which TRIPS encompasses flexibility for developing countries to be able to foster better access to medicines. It also examines these issues from the point of view of human rights and considers, in particular, the ways in which the relationship between human rights and intellectual property can be improved in international law.     

Beyond Depoliticization? Caste,NGOs and Dalit Land Rights in Maharashtra,India

In India, Dalit mobilization for land rights and the cultivation of gaairan (grazing lands) in the last decade has attracted the attention of international civil society actors who participate in such mobilization through local non‐governmental organizations (NGOs). This article contextualizes the debate on the growth and role of NGOs by presenting the politics of formation and working of a funding‐driven network of NGOs on Dalit rights and livelihoods in India. It cautions against exaggerating the role of international civil society actors in local democratization processes, and also argues that the feared depoliticizing of public interests as a result of INGO involvement is misplaced in the case of Dalit politics.     

REVIEWING CHILD ABUSE POLICY IN AMERICA: A SOCIAL SERVICE APPROACH

For all the recent attention to the problems of child abuse and neglect, this specific policy area has rarely been examined as belonging to the more general area of social service policy. This article begins to remedy this omission. First, the article examines child abuse policy in terms of the conflicts of value faced in the formation of social service policy. Next, the relationship between child abuse and other recent social service issues responding to familial violence or childhood dependency is discussed. Here the article shows that governmental response to child abuse has been used to encourage governmental interest in adoption reform, sexual exploitation of children, domestic violence, and day care.     

Hegemonic constraints: The implications of 11 September for American power

At the heart of the post-11 September world lie several critical issues surrounding US power: its unprecedented primacy, the way in which it is exercised, and how it is perceived and received around the world. Even as US primacy and 'hard' power projection have been reinforced, the terrorist attacks and Washington's responses have adversely affected the vital 'soft' foundations of its power: the appeal of American values and culture; the perception that US hegemony is benign; and the apparent legitimacy of the exercise of American power. These trends will, in the longer term, constrain US hegemonic power by limiting the effectiveness of foreign and security policies. At the international level, Washington will experience increased friction and costs in dealing with its allies and other friendly states; and at the domestic level, the Bush and subsequent administrations will have to take into account rising domestic costs of 'blowback'.     

Entangling alliances? The UK's complicity in torture in the global war on terrorism

The global war on terrorism gives rise to a range of legal, political and ethical problems. One major concern for UK policy‐makers is the extent to which the government may be held responsible for the illegal and/or unethical behaviour of allies in intelligence gathering—the subject of the forthcoming Gibson inquiry. The UK government has been criticized by NGOs, parliamentary committees and the media for cooperating with states that are alleged to use cruel, inhuman and degrading treatment (CIDT) or torture to gain information about possible terrorist threats. Many commentators argue that the UK's intelligence sharing arrangements leave it open to charges of complicity with such behaviour. Some even suggest the UK should refuse to share intelligence with countries that torture. This article refutes this latter view by exploring the legal understanding of complicity in the common law system and comparing its more limited view of responsibility—especially the ‘merchant's defence’—with the wider definition implied in political commentary. The legal view, it is argued, offers a more practical guide for policy‐makers seeking to discourage torture while still protecting their citizens from terrorist threats. It also provides a fuller framework for assessing the complicity of policy‐makers and officials. Legal commentary considers complicity in relation to five key points: identifying blame; weighing the contribution made; evaluating the level of intent; establishing knowledge; or, where the latter is uncertain, positing recklessness. Using this schema, the article indicates ways in which the UK has arguably been complicit in torture, or at least CIDT, based on the information publicly available. However, it concludes that the UK was justified in maintaining intelligence cooperation with transgressing states due to the overriding public interest in preventing terrorist attacks.     

NGOs as Social Movements: Policy Narratives,Networks and the Performance of Dalit Rights in South India

Donor‐funded development NGOs are sometimes portrayed as co‐opting, privatizing or depoliticizing citizen action or social movements. This much is implied by the term ‘NGOization’. Alternatively, NGOs can be seen as bearers of rights‐based work increasingly threatened by tighter regulation or substitution by corporate social responsibility models of development. This article engages critically with both perspectives. It traces the role of NGOs and their funders in agenda setting, specifically in bringing the previously excluded issue of caste discrimination into development policy discourse in the form of a Dalit‐rights approach in Tamil Nadu, south India. The authors explore the institutional processes of policy making and NGO networking involved, the alliances, entanglements of NGOs and social movements, and the performativity of NGO Dalit rights. But at the same time, the article illustrates how NGO institutional systems have constrained or failed to sustain such identity‐based claims to entitlement. In Nancy Fraser's terms, the article explores success and failure in addressing ‘first‐order’ issues of justice, that is rights to resources (in this case, land), and in tackling ‘second‐order’ injustices concerning the framing of who counts (who can make a claim as a rights holder) and how (by what procedures are claims and contests staged and resolved). This draws attention to the important but fragile achievements of NGOs’ discursive framings that give Dalits the ‘right to have rights’.     

The UN Arms Trade Treaty: arms export controls,the human security agenda and the lessons of history

The UN conference to negotiate an Arms Trade Treaty (ATT) concluded on 27 July 2012 without reaching consensus on the text of a draft treaty and saw both the US and Russia calling for more time to negotiate. The ATT process marks the latest in a series of attempts to insert human security concerns into arms export controls. The setback in July raises questions about the current level of international support for the human security agenda, as well as the relative power of different actors to shape global governance structures. This article locates the ATT negotiations in the broader history of multilateral efforts to regulate the international arms trade, from the 1890 Brussels Act to post‐Cold War initiatives. The historical record shows that such efforts are more likely to succeed if they are negotiated or imposed by major arms exporters. The introduction of human security concerns, as well as the merging of export control and arms control agendas, went some way towards reversing this trend. In particular, it created a broad international coalition of supportive states and NGOs from the global North and South. Yet disagreements over the purpose of an ATT remained. The draft ATT included human security provisions, but China, Russia, the US and a number of emerging powers ensured that state security considerations remained paramount in decision‐making on arms exports. The US was the first major actor to announce its unwillingness to sign the draft ATT in July 2012 and two alternative interpretations of US actions are considered. The article concludes by considering the options available to supporters of the ATT process following the 2012 conference and examines the notion that the ATT campaign has become an initiative ‘out of its time’, one that might have had success in the 1990s but not in current circumstances.     

Improving Sanitation in the Slums of Mumbai: An Analysis of Human Rights-Based Approaches for NGOs

Human rights-based approaches (HRBAs) can challenge the underlying structures and power relations that perpetuate poverty. They have thus emerged in the development field as a prominent instrument for addressing development issues. Access to clean water and sanitation are now internationally acknowledged as human rights, and have become a stand-alone Sustainable Development Goal of the international community’s commitment to international development. This paper analyses the potential use of HRBAs by local Non-Governmental Organisations (NGOs) working on sanitation issues in slums in Mumbai. It is argued that it is more productive for local NGOs to build (i) partnerships with duty-bearers (in this case the state and the Municipal Corporation of Greater Mumbai) and (ii) the capacity of rights-holders, in particular women, than to rely on litigation strategies to create momentum for change. HRBAs are more useful as a political tool for NGOs for establishing good working relationships with government agencies rather than as a legal instrument, which can be counter-productive to the poverty reduction objectives of NGOs.     

If You Don't Count,You Don't Count: Monitoring and Evaluation in South African NGOs

Non‐Governmental Organizations (NGOs) are increasingly challenged to demonstrate accountability and relevance, with reporting, monitoring and evaluation arguably having become development activities in their own right. Drawing on interviews and observation research, this article examines the impact of intensified monitoring and evaluation (M&E) requirements on a number of South African NGOs. M&E — and the types of expertise, vocabularies and practices it gives rise to — is an important area that is usually neglected in the study of NGOs but that significantly impacts on NGOs’ logic of operation. By focusing on three areas — data that are considered appropriate to conduct M&E, staffing and organizational cultures, and NGOs’ reformist relationships with other civil society organizations (CSOs) — M&E is revealed as a central discursive element in the constitution of NGOs appropriate to neoliberal development. By engaging a neo‐Foucauldian framework of governmentality, M&E practices are thus understood as technologies through which governing is accomplished in the trans‐scalar post‐apartheid development domain.     

Scaling up Civil Society: Donor Money,NGOs and the Pastoralist Land Rights Movement in Tanzania

Tanzania's pastoralist land rights movement began with local resistance to the alienation of traditional grazing lands in Maasai and Barabaig communities. While these community–based social movements were conducted through institutions and relationships that local people knew and understood, they were not co–ordinated in a comprehensive fashion and their initial effectiveness was limited. With the advent of liberalization in the mid–1980s, they began to gain institutional legitimacy through the registration of pastoralist Non–Governmental Organizations (NGOs). Registered NGOs provided community leaders with a formal mechanism for co–ordinating local land movements and for advocating for land rights at the international level. The connections of pastoralist NGOs to disenfranchised communities, and their incorporation of traditional cultural institutions into modern institutional structures, resonated with the desires of international donors to support civil society and to create an effective public sphere in Tanzania, making these NGOs an attractive focus for donor funding. In spite of their good intentions, however, donors frequently overlooked the institutional impacts of their assistance on the pastoralist land rights movement and the formation of civil society in pastoralist communities. NGO leaders have become less accountable to their constituent communities, and the movement itself has lost momentum as its energies have been diverted into activities that can be justified in donor funding reports. A political movement geared towards specific outcomes has been transformed into group of apolitical institutions geared toward the process of donor funding cycles.     

The persistence of authoritarianism as a source of radicalization in North Africa

September 11 and subsequent terrorist attacks across the globe have led to an increased emphasis on security issues among political leaders globally. While this preoccupation with security has not led to the abandonment of democracy promotion efforts, there is no doubt that initiatives that have the demise of authoritarianism as their core objective, have become less of a priority in recent years, with spending on projects seemingly unrelated to security issues and the 'war on terror' declining, and pressure on heads of state to embark on democratization processes weakening. This article contends that the relieving of pressure on heads of state to introduce democratic reforms is detrimental to the desired goal of increased security, given that the radicalization of Islamists is closely related to the prevalence of authoritarianism. In short, it is argued that there is reason to believe that the West's tendency to allow violations of basic democratic principles, and failing to employ genuine pressure for regime change in the various MENA states, which are actively partaking in the 'war on terror' on the side of the US, is counterproductive in the longer run. While it is impossible to predict when terrorism committed by radicalized Islamists will end, and it is almost certain that terrorist attacks will recur in the future and that we have to learn to live with the risks, it is possible however to do something about the scale and frequency of such incidents. This article argues that through positive democracy promotion resulting in real democratization, it is indeed possible to obtain increased security.     

Shifting Environmental Governance in a Neoliberal World: US AID for Conservation

Abstract: By exploring the shifting and uneven power relations among state, market and civil society organizations in US environmental foreign aid policy‐making, this article forges new ground in conversations about conservation and neoliberalism. Since the 1970s, an evolving group of non‐governmental organizations (NGOs) has lobbied the US Congress to support environmental foreign assistance. However, the 1980s and 1990s rise of neoliberalism laid the conditions for the formation of a dynamic alliance among representatives of the US Congress, the US Agency for International Development, environmental NGOs and the private sector around biodiversity conservation. In this alliance, idealized visions of NGOs as civil society and a countering force to corporations have underpinned their influence, despite their contemporary corporate partnerships. Furthermore, by focusing on international biodiversity conservation, the group has attracted a broad spectrum of political and corporate support to shape public policy and in the process create new spaces for capital expansion.     

The Development Impact of NGO Activities in the Red Sea Province of Sudan: A Critique

This article examines the results of, and the prospects for, the declared shift of NGOs from relief operations to development activities in the Red Sea Province of eastern Sudan. Statistical and qualitative information contained in the reports of NGOs themselves provides the main data source on which the analysis is based. Although NGOs have been successful in conducting massive relief operations in the area, the article asserts that they have not yet and are not expected to achieve any tangible results on the development front. The main reason for this is the apparent misconception of development on the part of the NGOs as an isolated, localized activity which they can perform; another is the NGOs' failure to recognize the difference in the methods, means and prerequisites necessary for relief and for development; a third is the failure of NGOs to equip local institutions to absorb and/or sustain any achieved ‘development’, since most NGOs operate in complete isolation from governmental and traditional Beja institutions.     

When the personal becomes political: using legal reform to combat violence against women in Ethiopia

This article focuses on Ethiopia's first civil society organisation, the Ethiopian Women Lawyers Association (EWLA), which has been campaigning for legal reform to secure women's rights and address violence against women. Implementing legal changes to benefit women in Ethiopia is impeded by difficulties in using the formal legal system, by poverty and deeply embedded gender inequalities, by plural legal systems, and by entrenched cultural norms. However, the article argues that the most significant challenge is the increasing degree of authoritarianism in Ethiopian state politics, that this is crucial in determining the space for activism, and that this shapes the successful implementation of legal change. The research shows how women's activism around personal rights challenges public/private and personal/political boundaries and can be seen as a political threat by governments in contexts where democracy and rule of the law are not embedded, leading to repression of women's activism and hindering the implementation of measures to protect women's rights when states become more authoritarian. Little is known empirically about the impact of democratisation on the implementation of measures to protect women's rights in Africa. This article shows how the emergence of democracy and legal reform intersects with the emergence of women's rights, especially with respect to gender-based violence. It shows how trying to secure women's personal right to be free from violence through the law is profoundly political and argues that the nature of democratisation really matters in terms of the implementation of measures such as legal changes designed to protect women's rights.     

Realizing the Right to Development

The Right to Development as established in the 1986 UN Declaration on the Right to Development has now been recognized, through an international consensus arrived at in Vienna in 1993, as a universal and inalienable right and an integral part of fundamental human rights. That has not, of course, settled all the controversy regarding the nature and the content of the Right to Development, but the inter‐governmental debate has shifted more to the methods of implementation of that Right. This article reviews the nature and contents of the Right to Development by virtue of which every individual is entitled to a process of economic, social, cultural and political development in which all human and fundamental freedoms can be realized. It spells out a programme for implementation of the Right, step by step, through national efforts supported by international co‐operation. While the states are primarily responsible for realizing this Right for their citizens, the international community has the obligation of enabling the states to do so. A mechanism is proposed through international compacts to design, promote and monitor the process of implementation.     

How Constitutional Concerns Framed the US Contribution to the International Human Rights Regime From Its Inception, 1947–53

The United States has been reluctant to agree to binding international human rights instruments ever since the very first meeting of the United Nations Commission on Human Rights in 1947. This article explores structural causes for that reluctance. Internal government papers show that US government officers worried that a human rights treaty might expand federal jurisdiction at the expense of the jurisdiction of the United States' constituent states and could provide an opening for judicial activism by the courts. These concerns made domestic political sensitivities more acute and raised principled questions about the desirability of pushing domestic reforms through international law-making. US representatives made repeated efforts to ensure that an international bill of rights was drafted as an aspirational declaration rather than a legally binding treaty. They also proposed clauses designed to delay or limit the domestic effects of any agreement, while reassuring the US Senate that domestic power balances would not be disturbed. Constitutional concerns thus framed the United States' contribution to the creation of an international human rights system from the very beginning.