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About the publicationThe main contention of this book is that non-governmental organisations (NGOs) have the obligation to empower themselves internally before they can champion the empowerment of others. This entails being knowledgeable in the area of work; forging linkages with broader civil society and academia; building on the positive cultural values that resonate with human rights to stimulate mass support; and balancing the different accountabilities to the law, boards, membership, self-regulatory mechanisms, public and donors.This book is based on the author’s (LLD) thesis, submitted to the University of Pretoria. The thesis was subsequently revised, based on a further peer-review process.About the editor:Maria Nassali is Chief Executive Officer of International Governance Alliance (iGA). School of Law, Makerere University, UgandaTable of ContentsForewordPrefaceAcknowledgmentsAbout the authorDedicationCases, statutes and documentsAcronymsConceptualising the role of NGOs in the human rights movement1 Introduction and overview2 The concealed and unchecked power of NGOs: A background discussion3 Linking rights, governance and development4 Book overviewThe human rights obligations of NGOs in the international arena1 Introduction2 NGOs’ obligations under international law2.1 NGOs do not have legal obligations under international human rights law2.2 NGOs legal obligations to respect and promote human rights3 The rights-based approach as an instrument of good governance4 Implications of the rights-based approach to NGO governance4.1 Express linkage to human rights4.2 Accountability and Transparency4.3 Participation and inclusion4.4 Equity, non-discrimination and empowerment5 ConclusionNGOs and the principle of express linkage to human rights1 Introduction2 Why all NGOs should apply human right principles to their governance and management3 The principle of express linkage to rights and the universality of human rights3.1 The universality of rights: The conceptualisation of rights amongst NNGOs and SNGOs3.2 The universality of rights: African NGOs and cultural interpretation4 The principle of indivisibility of rights: A case study of DNGOS and HURINGOs4.1 The traditional relationship between DNGOs and HURINGOs4.2 The indivisibility of rights: HURINGOs and the development agenda5 ConclusionNGOs and the principle of accountability1 Introduction2 Accountability through the law2.1 The right to exist informally as an organisation2.2 The right to legal existence and the obligation to register2.3 Protection from unwarranted state interference3 Accountability to the sector wide mechanism for self-regulation4 Accountability to the NGO Board4.1 The Board as a source of accountability4.2 The mechanisms of accountability by the Board4 Accountability to members5 Accountability to the communities6 Transparency and public accountability7 Accountability to donors8 ConclusionNGOs and the principles of participation and inclusion1 Introduction2 Founders and inclusive and participatory management3 Broadening participation through transitions and succession4 Participation and the management of conflicts5 NGOs and community participation6 Peer NGO networks and coalitions7 Participation of NGOs in political society7.1 Making the case for NGO’s political participation7.2 Collaboration and critical engagement with government7.3 Civil disobedience7.4 Entering the state8 NGOs and the African Commission on Human and Peoples’ Rights9 NGO participation with National Human Rights Institutions (NHRIs)10 ConclusionExploring the principles of empowerment, equity and non-discrimination1 Introduction2 NGOs, empowerment and human rights and governance expertise2.1 NGOs and human rights and governance expertise2.2 The dilemmas of volunteerism and the payment of competitive remuneration2.3 Empowerment and sustaining activism3 Empowerment and resource mobilisation to achieve an NGO’s mission3.1 NGOs and government funding3.2 NGOs and foreign donor funding4 Empowerment of marginalised groups within the NGO sector4.1 NGOs and the empowerment of women4.2 NGOs and the empowerment of the youth4.3 NGOs and sexual minorities4.4 NGOs and the empowerment of racial and ethnic minorities5 The contemporary efforts of promoting equality and empowerment within the NNGOs/ SNGO relationship6 ConclusionWalking the talk: Holding NGOs accountable to human rights principles1 Introduction2 NGOs’ human rights obligations3 NGOs’ human rights obligations elaborated3.1 The principle of express linkage to rights (mainstreaming)3.2 The principles of accountability and transparency3.3 The principle of participation and inclusion3.4 The principles of equity, non-discrimination and empowerment4 Status of NGOs’ observance of human rights obligations in Kenya, Tanzania, Uganda and South Africa4.1 The status of observance of the principle of linkage to rights4.2 The status of observance of the principles of accountability and transparency4.3 The status of observance of the principles of participation and inclusion4.4 The status of observance of the principles of equity, non-discrimination and empowerment5 Recommendations5.1 NGO obligations under the principles of linkage to rights5.2 NGO obligations under the principles of accountability and transparency5.3 NGO obligations under the principles of participation and inclusion5.4 Equity, Non-discrimination and Empowerment6 Concluding thoughtsBibliography
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Keywords
- human rights International law African Commission on Human and Peoples’ Rights non-governmental organisations development