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Claremont McKenna College
The Effect of International NGOs on Influencing
Domestic Policy and Law
submitted to
Professor Pamela Gann
by
Ashley Macarchuk
for
Senior Thesis
Spring Semester
April 23
rd
, 2018
1
2
Abstract
This thesis attempts to understand the impact of international human rights and
environmental NGOs on affecting domestic policy and law. In particular, it looks at how
State-NGO relations, civil society, and accountability affect the success of international
NGOs in enacting change in domestic policy. The focus is on four countries with some of
the largest human rights and environmental abuses: Argentina, China, India, and Russia.
Through these countries, this thesis shows that NGOs have the most influence when
State-NGO relations are strong, civil society is active, and NGOs are accountable to both
the State and citizens. A key component to the success of international NGOs is the
State’s willingness to change. When a NGOs interests align with the State, NGOs are
able to push for and achieve the largest results. The contrast between the success of
human rights and environmental NGOs highlights this as many times States will not
recognize their human rights abuses, but are willing to improve their environmental
degradation. As a result, NGOs have been met with more success in advocating for
change in environmental policy than human rights.
3
Table of Contents
Chapter 1: Introduction……………………………………….…...4
Chapter 2: NGOs as Actors in International Relations……….…...9
Chapter 3: Methodology………………………….……………...16
Chapter 4: NGO Influence on Governmental Programs and
Policies…………………………………………………………...19
Chapter 5: Role of Civil Society…………………………………42
Chapter 6: Accountability of Human Rights and Environmental
NGOs…………………………………………………………….65
Chapter 7: Recommendations……………………………………75
Bibliography…………………………………………………......81
4
Chapter 1: Introduction
Non-Governmental Organizations (NGOs) have become very influential actors in
domestic world politics over the last three decades
1
. International NGOs have played an
increasing role in operating and interacting within States and civil society to promote
change in domestic policies. According to the Union of International Associations, there
are over 37,000 active international NGOs. Two important areas of special NGO interest
are human rights and environmental protection. Focusing on these two areas provides
insight into the impact international NGOs may have on affecting domestic policy
changes. Human rights and environmental protection NGOs in particular have more
influence and achievements in their practice
2
. For example, Amnesty International, an
international human rights NGO based in London, has worked as the symbolic protector
of human rights and has changed the shared perception of human rights in many
countries. Additionally, Worldwatch Institute, an environmental international NGO based
in Washington, D.C., plays an important role in educating the public and pushing forward
social change.
This thesis attempts to understand the impact of international NGOs on affecting
change domestically with respect to human rights and environmental issues. In particular,
it looks at the role of NGOs in influencing change in domestic policy and law. With the
rapidly growing rise of international NGOs, it is important to determine what contributes
to the success of international NGO intervention in the domestic affairs of environmental
1
Reimann, Kim D., "A View from the Top: International Politics, Norms and the Worldwide Growth of
NGOs." Political Science Faculty Publications. Paper 4, 2006.
2
Clark, Ann Marie “Non-Governmental Organizations and their Influence on International Society,”
Journal of International Affairs, 48, p. 507, 1995.
5
and human rights issues. International NGOs are the best subject as they are able to make
the largest impact due to their size and international image and connections.
Domestically, a State can work to obscure or hinder the ability of domestic NGOs or civil
society to act. International NGOs, however, have more autonomy in their actions and
ability to push for change. This thesis shows that the stronger the international NGO-state
relation, the more trust a State has in an NGO, and the larger the impact they are able to
make. Additionally, the more active a State’s civil society is, the faster international
NGOs will be made aware of the issue, and the stronger support base NGOs will have to
pressure the government to change their ways. Furthermore, the more accountable
international NGOs are, the more trust both States and domestic society will have in
international NGOs to do their job effectively.
Taking on human rights causes has become one of the most important functions
of NGOs around the world
3
. International human rights NGOs are engaged in defending
and promoting civil and political rights globally. Importantly, some human rights are a
peremptory norm under international law, so violations of human rights should not be
taken lightly. It is imperative for NGOs to recognize and draw attention to violations of
human rights when States are committing them, or unaware, in order to stop them. Most
of the time, NGOs are able to advocate for those who may lack the means to do so,
4
which is why they are so crucial for national policy. With repressive governments, NGOs
3
Tortajada, Cecilia. Nongovernmental Organizations and Influence on Global Public Policy. Asia & the
Pacific Policy Studies, 3: 266–274, 2016.
4
Ezeoha, Abel. “Can NGOs Aid Good Governance and Sustainable Development in Africa? Some
Theoretical Insights”, Journal of Sustainable Development in Africa, Vol. 8, No.3, 2006.
6
work to lobby and draw attention to violations of human rights, report facts, and promote
change.
Environmental NGOs have grown in size and number recently as a result of
government negligence towards the environmental crisis
5
. Environmental protection
NGOs play an important role in framing environmental policy, mobilizing public support
protecting endangered species, and much more. They additionally raise consciousness
about the environment and provide educational campaigns to inform the people.
Environmental protection NGOs are necessary as they hold countries accountable for
abuses in resources that negatively affect the environment, and promote the conservation
and protection of nature. Increasingly, the existence of NGOs is proving to be a necessity
rather than a luxury in societies throughout the modern world
6
, as they provide help and
assistance where the government may be unwilling to act.
Human rights and environmental protection NGOs are the most prominent areas
of NGO special interest and expertise that can affect change domestically. Human rights
and environmental protection issues are able to garner the support and sympathy from the
population that is needed to bolster civil society and enact change domestically.
International NGOs play an important role, as many times domestic governments are
inadequate in their ability to deal with, and resolve, domestic issues. International NGOs
are therefore able to hold States accountable, and also protect the rights of their citizens.
NGOs in the international arena often create and institutionalize new norms in the
5
Agarwal, Anjali. “Role of NGOs in the Protection of Environment.” Journal of Environmental Research
and Development, vol. 2, no. 4, pp. 933–938, 2008.
6
Gaist, Paul A. Igniting the Power of Community: the Role of CBOs and NGOs in Global Public Health.
Springer, 2010.
7
domestic societies where they operate,
7
which is why it is essential to look at the role
NGOs have in influencing the domestic policy of states. Additionally, while it may be
hard to enact change internationally, NGOs can play a large role in affecting policy and
changes domestically for the benefit of both the state and its citizens.
There are many factors that affect how international NGOs are able to influence
change domestically. This thesis addresses the problem in the following manner: Chapter
2 defines international NGOs as actors in international relations and international policy
and law and lays out what they do, their role, and how they are able to influence domestic
policy. Chapter 3 gives a brief overview of the methodology used to provide insight into
the data chosen and why. Chapter 4 shows the influence that NGOs have on
governmental programs and policies by looking at the relationship between States and
NGOs. Case studies from prominent human rights and environmental protection NGOs
provide insight into the relationship an NGO may have with a State and the ease or
difficulty in affecting change depending on that relationship. Chapter 5 discusses the
mobilization of citizens and the importance of civil society and grass roots movements in
helping to enact change domestically and the support that contributes to the success of
NGOs. Chapters 6 analyzes the accountability of human rights and environmental
protection NGOs. States and societies can sometimes be skeptical of the work that NGOs
are doing, which affects the cooperation from society and, thus, can contribute to or
hinder NGO success. Finally, Chapter 7 lays out recommendations for the future success
7
Keck, Margaret E., and Kathryn Sikkink. Activists beyond Borders: Advocacy Networks in International
Politics. Cornell University Press, 1998.
8
of human rights and environmental protection NGOs and analyzes the role they play in
implementing their policy goals and effect on society.
9
Chapter 2: NGOs as Actors in International Relations
Non-governmental organizations are groups of persons or societies voluntarily
created by private initiatives that act on a non-profit basis
8
. They are extremely diverse,
and while this may be one definition of NGOs, there is no generally accepted definition
9
.
NGOs are organized under national law, and act independently of governments. The
scope of NGO activities may be local, national, or international. NGOs may organize
around specific issues, such as human rights or environmental protection, or around a
broad set of issues. They are direct providers of goods and services and advocate before
governments for the interests of citizens who do not have the voice or access to do so
themselves. They additionally play a large role in providing information to society. They
collect and disseminate information that the public can trust and where it may not be
available. Furthermore, they play a fundamental role in creating awareness, educating
people, and directing citizens through channels for support.
NGOs are not granted any legal status under international law. That has not
stopped them, however, from trying to gain more leverage and a voice in international
law and policy. In fact, they have been given a formal role in UN deliberations through
the Economic and Social Council (ECOSOC)
10
. The consultative status that NGOs are
provided from the ECOSOC allows them to participate in the UN system. It is the only
8
Charnovitz, Steve, "Accountability of Non-governmental Organizations in Global Governance," NGO
Accountability: Politics, Principles and Innovations, London: Earthscan, 21-42, 2007.
9
Josselin, Daphne and William Wallace (eds.), Non State Actors in World Politics, Houndsmills: Palgrave,
2001.
10
United Nations, Charter of the United Nations, 24 October 1945, chapter X, art. 71.
10
main UN body with a formal framework for NGO engagement
11
.This gives NGOs an
active role and allows them to be present and provide input for potentially important
policy decisions
12
. While NGOs do not enjoy formal decision making rights, they
exercise substantial influence over outcomes through their expertise and policy proposals.
Although their participation and influence has not formally spread across UN bodies,
they play substantial informal roles. During negotiations towards an International
Criminal Court, NGOs participated informally but effectively alongside governments
13
;
they spoke, circulated documents, and had a major impact on the outcome
14
. Despite their
unofficial status, NGOs still manage to participate in important ways to affect change in
the international arena.
NGOs also actively engage in ways beyond the UN. They aim to influence States
and shape decisions. Increasingly they have advanced from service providers to major
players with the funds and potential to influence policy and institutions. NGOs prepare
studies for wide dissemination, engage the media to influence public opinion, and
contribute expertise to governmental delegations
15
. NGOs can adapt quickly and respond
to changing needs faster than government organizations.
The four most important functions of NGOs are their ability to set agendas,
negotiate outcomes, confer legitimacy, and implement solutions citizens need. NGOs
11
Ibid.
12
United Nations. “Working with ECOSOC: an NGOs Guide to Consultative Status.” United Nations,
United Nations, www.un.org/.
13
Global Policy Forum. “Global Policy Forum.” NGOs and the United Nations, June 1999,
www.globalpolicy.org/component/content/article/176/31440.html.
14
Ibid.
15
Dunoff, Jeffrey L., et al. International Law, Norms, Actors, Process: a Problem-Oriented Approach.
Wolters Kluwer, 2015.
11
help to set agendas by notifying the public and governments of new issues. They identify
new policy areas, debate the consequences of policies, and identify aspects that require
review and refinement
16
. This provides NGOs an ability to participate in decision
making. NGOs negotiate outcomes by offering alternative options for policy outcomes
and engage in extensive networking
17
. They are able to confer legitimacy as NGOs’
judgments can be decisive in promoting or withholding the public’s political support
18
.
Furthermore, NGOs make solutions work as they are able to do what the governments
cannot or will not do. They are further able to influence domestic policy both directly and
indirectly. Directly, NGOs provide information for governments and lobby governmental
officials on their policy options. Indirectly, NGOs increase the public awareness of issues
through the free press.
The World Bank defines two categories of NGOs: operational and advocacy.
19
Operational NGOs focus on the design and implementation of development-related
products. Operational NGOs can further be broken down into three main groups:
community based organizations, national organizations, and international organizations.
Community based organizations (CBOs) serve a specific population in a defined area.
National organizations operate in individual developing countries and international
organizations are headquartered in developed countries and carry out operations in
16
Gemmil, Barbara, and Abimbola Bamidele-Izu. Global Environmental Governance: Options &
Opportunities. Yale Center of Forestry & Environmental Studies, 2002.
17
Betsill, Michele Merrill., and Elisabeth Corell. NGO Diplomacy: the influence of nongovernmental
organizations in international environmental negotiations. The Mit Press, 2008.
18
Simmons, PJ. “Learning to Live with NGOs.” Foreign Policy, no. 112, 1998.
19
Malena, Carmen. Working with NGOs : a practical guide to operational collaboration between the World
Bank and nongovernmental organizations. Washington, DC: World Bank, 1995.
12
developing countries
20
. CBOs are different from national and international organizations
as they are membership organizations that join together to further their own interests.
They can be especially helpful in the domestic arena when NGOs are trying to garner
more support and participation from citizens. Advocacy NGOs primarily work to defend
or promote a specific cause. These NGOs work to raise awareness and knowledge
through various activities such as lobbying and activist events.
21
Many NGOs engage in
both operational and advocacy purposes. This paper focuses on the role of international
advocacy NGOs as they have the greatest autonomy from the State and more resources to
effect change. It also looks at the role of national organizations and their ability to form
and work with international NGOs.
Globalization during the 20th century gave rise to the growth and importance of
international NGOs. Many problems could not be solved within a nation, which is why it
is important to see the role international NGOs play in affecting policy domestically.
Under democratic systems, it is common to observe NGOs functioning as information
providers, lobby groups, agenda setters, and norm generators
22
. Not only do NGOs
collect, disseminate and analyze the information that they receive, but they also spread it
throughout the State. The increasing role of the internet makes the sharing of information
effortless. Additionally, through the use of the media NGOs are able to disclose their
information to the public. NGOs can lobby to influence votes on specific legislation or to
20
Ibid.
21
Prakash, Aseem, and Mary Kay Gugerty. Advocacy Organizations and Collective Action. Cambridge
University Press, 2010.
22
Allard, Gayle, and Candace Martinez. “The influence of Government Policy and NGOs on Capturing
Private Investment.” Global Forum on International Investment, vol. 7, Mar. 2008.
13
change policy; they also seek to gain government recognition and promote the issues that
are important to them and that they feel need to be changed. They seem to be most
effective at lobbying when they combine their efforts with other NGOs or civil society
23
.
Since lobbying focuses on influence and persuasion to gain backing for their policies,
joining together with civil society creates a larger base of support and makes it harder for
governments to ignore. Additionally, it is easier for NGOs to influence agenda-setting at
the domestic level as they can disseminate their ideas and engage the public in
demonstration activities to raise the profile of the issues at stake. Thus, there are more
opportunities for the NGOs to engage in as they are able to merge their goals with
particular State interests to affect domestic negotiations. The most important role that
NGOs play at the domestic level, however, is setting norms. NGOs are able to influence
policy and persuade States to create or amend legislation to effectuate the policy change
that the NGO is trying to assure
24
. Furthermore, domestically NGOs play a critical role in
enforcing and promoting compliance with international legal norms. They frequently
investigate and publicize State violations of international law in order to shame States
and build domestic constituencies for compliance.
With the rapidly growing rise of NGOs, concerns regarding accountability have
arisen. Since there is no global mechanism to ensure that NGOs are accountable, issues
emanate over the lack of regulation. This critique centers on the NGOs’ assertion of a
legitimating role on global governance and whether NGOs are representatives of those
23
Gemmil, Barbara, and Abimbola Bamidele-Izu. Global Environmental Governance: Options &
Opportunities. Yale Center of Forestry & Environmental Studies, 2002.
24
Joachim, Jutta M. Agenda Setting, the UN, and NGOs: Gender Violence and Reproductive Rights.
Georgetown University Press, 2007.
14
they claim to represent
25
. NGOs have proven their effectiveness in holding institutions
and governments accountable to the public and exposing them to public scrutiny when
they fail to do so. However, at times NGOs may also complicate or disrupt the law
making process, and some States believe that NGOs take an inappropriate activist tone
and do not focus enough on the relevant issues
26
. Subsequently, issues have arisen over
agenda setting. According to an independent review commissioned by UNAIDS, NGOs
have played a more active role in shaping rather than responding to the agenda of
meetings
27
. This is dangerous as NGOs may be pushing their agenda separately from that
of the State. While the intentions of the NGOs may be good, it is important that NGOs
bridge their causes with that of the State to ensure that the State will follow through with
the policy changes.
Additionally, concerns exist over the funding sources of NGOs. NGOs are funded
by donors, governments, multilateral agencies, private foundations, or charitable
individuals
28
. NGOs are held accountable by these donors; at the same time, however,
NGOs do not always provide full transparency over their funding sources. This creates
apprehension as States do not know who is providing NGOs with their funding. They
therefore do not know the intentions of the NGO and their donor, which can create
tension between a State and NGO. Furthermore, donors want to see that their money is
25
Anderson, Kenneth. “What NGO Accountability Means - and Does Not Mean.” Review of NGO
Accountability: Politics, Principles & Innovations, edited by Lisa Jordan and Peter van Tuijl. American
Journal of International Law 10, no. 1: 170-78, 2009.
26
Dunoff, Jeffrey L., et al. International Law, Norms, Actors, Process: a Problem-Oriented Approach.
Wolters Kluwer, 2015.
27
Independent Consultant. “NGO/Civil Society Participation in PCB.” UNAIDS, UNAIDS, Dec. 2012,
www.unaids.org/en/aboutunaids/unaidsprogrammecoordinatingboard/ngocivilsocietyparticipationinpcb.
28
Townsend, J.G. & A.R. Townsend. Accountability, motivation and practice: NGOs North and South,
Social & Cultural Geography, 5:2, 271-284, 2004.
15
being used effectively and creating change. As a result, NGOs may prioritize
accountability to big donors over accountability to their recipients in order to secure more
funding for the future. This is problematic because it changes the role and goal of NGOs.
Therefore, there is a need for NGO transparency.
29
Transparency in this context
means a committed, coordinated action toward a plan intended to achieve specific goals
set out publicly by NGOs
30
. Full disclosure from NGOs about their activities enhances
public trust. Greater transparency ensures to the State and community that NGOs are
working for the citizens and not for their own power, or that of their donors. A step
towards greater transparency has been made by some NGOs, as in 2006, the International
Non-Governmental Organisations Accountability Charter was established
31
. With 27
current members, the Charter was signed to foster responsibility of NGOs, while also
ensuring public trust. The Charter is an important first step by NGOs to ensure greater
transparency and accountability. Hopefully, it will grow larger in the future holding more
NGOs to higher accountability standards.
29
Ebrahim, Alnoor. "Accountability in Practice: Mechanism for NGOs," in World Development 31, no. 5,
2003.
30
Brown, Dyann, "The Effectiveness of Non-Governmental Organizations (NGOs) within Civil Society."
International Studies Masters. Paper 75, 2009.
31
Accountable now admin. “About.” Accountable Now, Feb. 2018 https://accountablenow.org/about-
accountable-now/
16
Chapter 3: Methodology:
The primary form of research and data is qualitative. Qualitative studies are the
best choice for this paper as the research question is exploratory in nature and the purpose
is to gain more insight into a topic. Qualitative research allows the gathering of new
information on specific areas of research. With the growing influence and scope of
international NGOs, it is beneficial to look at qualitative data to delve into the different
components that allow for their success or failure. The qualitative data thus provides
depth and detail. The aim of this study is not to measure or quantify something, but to
improve the understanding of the different characteristics that enhance the effectiveness
of international NGOs on influencing domestic policy. By obtaining information from
experts and case studies, qualitative data allows this to be done.
To most adequately delve into the research question, the focus is on four
countries: Argentina, China, Russia, and India. Three countries are used to show the
influence of human rights NGOs, and three for environmental NGOs. These countries
were chosen because they have some of the largest human rights and environmental
abuses. In order to examine the role that international NGOs play in affecting change in a
given state, it is necessary to look at difficult cases with known misconduct. These
countries additionally have governments that may not support or be open to help from
international NGOs. It is therefore important to analyze if there are ways to work around
abrasive governments. Furthermore, these countries provide contrasts as governments
may be reluctant to enforce change or address human rights abuses, while accepting
change with respect to environmental issues. This difference adds insights into
understanding the conditions for international NGO success.
17
Many different characteristics affect the success of international NGOs. While a
State may change its policy when an NGO is on-site, it may revert back to its old ways
once an NGO relieves pressure. It is therefore important to look at characteristics of
effectiveness to determine where, how, and when NGOs should intervene and the best
way to do so. The relationship that an NGO has with the State, civil society, and the
accountability of NGOs are all factors that help strengthen NGO achievement, or lack
thereof. Argentina, China, India, and Russia all have significant human rights and /or
environmental abuses. With the growing number and engagement of NGOs it is
important to assess when they are needed, and if they can make an impact in a reasonable
way.
In order to analyze characteristics of success, it is important to start with the
domestic context of the State. Looking at the domestic government and expanding
internationally helps to provide a framework to the relationship a State may have with an
international NGO. It is important to address both the domestic and international
environment in order to discover the true impact that an NGO may make and how it may
become more effective.
Many studies exist on the different characteristics of NGOs. None have
compared, however, the differences between human rights and environmental NGOs
using country specific data. Other studies help to provide a qualitative framework and
enhance the understanding of the topic. This paper seeks to combine the qualitative data
with case studies to determine how NGOs can produce effective results. Case studies help
to analyze the effects of international NGO intervention and also provide a framework
and history to guide further research. Additionally, using data from large international
18
human rights and environmental NGOs allows first hand experiences to be shared and
evaluated. Qualitative data and case studies thus provide the background and evidence
needed to determine how NGOs are most successful and where they face shortcomings.
19
Chapter 4: NGO Influence on Governmental Programs and
Policies
The relationship an NGO has with a state plays a critical role with respect to the
implementation and effectiveness of cooperation. NGOs can have a cooperative or
antagonistic relationship with States. The better the relationship, the more likely it is that
change can occur. When a lack of trust exists between a state and NGOs, NGOs can be
accused of pursuing the political interests of their home states or those of the international
community as their agenda; and states can use legal instruments to curtail the activities of
NGOs
32
. The relationship between a state and an NGO is crucial as many times it plays a
large role in the continuation of a policy change without NGO insistence. Another
important factor in state-NGO relations is NGO maturity and States’ regime type. Risse-
Kappen argue that the longer that NGOs exist, the more independent they become from
governmental control and the more influence that they can exert over governments’
policies
33
. Therefore, the more mature an NGO is, the more trust a state may have in its
effectiveness. Additionally, NGOs in democratic countries are normally able to influence
governments more strongly than in non-democratic countries
34
.
The objective of NGO action plays a large role in determining State-NGO
relationships. Most States welcome NGO activity if the services provided by the NGO
32
Josselin, Daphne and William Wallace (eds.), Non State Actors in World Politics, Houndsmills:
Palgrave, 2001.
33
Risse-Kappen, Thomas. Bringing Transnational Relations Back in: Non-State Actors, Domestic
Structures and International Institutions. Cambridge University Press, 2003.
34
Fogarty, Ed. States, Nonstate Actors, and Global Governance: Projecting Polities. Routledge, 2014.
20
support or supplement the State’s effort. A healthy State-NGO relationship is most likely
to occur when both parties share common objectives. If the government’s commitment to
policy change is weak, however, NGOs will find collaboration frustrating, or counter-
productive
35
. A collaborative relationship between a State and NGO can be found if there
is a genuine partnership based on mutual respect, acceptance of autonomy, independence,
and pluralism of NGO opinions and positions
36
. Unfortunately, many times, the interests
of the State and NGO are at odds. Often times, when NGOs confront the entrenched
interests of States, such as States pursuing the perceived national interests at the expense
of the environment, progress is likely to be slow or non-existent
37
. In some cases, a
hostile State-NGO relationship emerges. The government may fear that NGOs will erode
their political power, and are thus a threat to their sovereignty
38
. Hostility arises when
governments do not support or approve of the work of NGOs, and can make a State
distrustful of them. This makes it harder for NGOs to accomplish their work and can even
prevent it. Therefore, establishing an open, cooperative relationship with the State is
crucial for NGO success
Governments can also play a critical role in assisting NGOs. Huntington argues
that without governments’ direct or indirect support, it may be difficult to see the
35
Clark, John. The State and the Voluntary Sector. The World Bank, 1993, The State and the Voluntary
Sector, documents.worldbank.org/curated/en/304061468767382451/pdf/multi-page.pdf.
36
Ibid.
37
Duncan, Raymond., et al. World Politics in the 21st Century: Student Choice Edition. Houghton Mifflin,
2009.
38
Clark, John. The State and the Voluntary Sector. The World Bank, 1993, The State and the Voluntary
Sector, documents.worldbank.org/curated/en/304061468767382451/pdf/multi-page.pdf.
21
emergence of international NGOs in developed countries
39
. The relationship that an NGO
has with a state can help an NGO in enacting policy and sustaining the work of NGOs
without State oversight. In fact, the US was one of the main forces that drove the
development of US-based international NGOs. In particular, Huntington gives the
example of the Cooperative for Assistance and Relief Everywhere (CARE). CARE is a
humanitarian NGO that was founded in 1945, and originally supported by the United
States government. Today, CARE has become one of the leading international NGO
humanitarian organizations fighting global poverty
40
with fourteen CARE National
Member States. With the original help of the state, CARE was able to expand into the
international sphere and create a larger impact than the work it was doing in just the
United States. Additionally, with time, CARE was able to mature and gain the support
and assurance of other states.
Another important aspect to international NGOs is the effect that civil society and
international pressure plays. Many times international NGOs become interested when
domestic NGOs and civil society cannot produce their desired results and draw attention
to their cause. International NGOs, which are typically larger, more mature, and hence
more powerful than domestic NGOs, become involved and put international pressure on
states to change. In particular, international pressure on human rights has played a large
role in the coordination of collective actors at the national level
41
. Looking at case studies
39
Huntington, Samuel. “Transnational organizations in world politics.” World Politics: 25:333–368, 1973.;
Banks, Nicola, David Hulme, and Michael Edwards. “NGOs, States, and Donors Revisited: Still Too Close
for Comfort?” World Development 66: 707–718, 2015.
40
Care admin. “About.” CARE, 23 Feb. 2018, www.care.org/about.
41
Huntington, Samuel. “Transnational organizations in world politics.” World Politics: 25:333–368, 1973.
22
in Latin America, China, India, and Russia show the influence and difficulty in State
relations and recommendations.
Argentina
Argentina faces long standing human rights violations that include official
corruption, torture by federal and provincial police, endemic violence against women
42
,
and more. For these reasons and a surplus of others, NGOs have justified their existence
and intervention in Argentina. International NGO intervention, however, has been met
with mixed success. The State has sought to delegitimize the NGOs and disregard their
actions. When Amnesty International visited Argentina in 1976 to press for
improvements in human rights conditions, the government was hostile. During this time,
the government of Argentina was a civic-military dictatorship. Upon their visit, Amnesty
International reported that the intention to intimidate was apparent
43
. The policemen who
were assigned to protect the delegates questioned, intimidated, and even detained a
number of people whom they met. At times, this limited their freedom of inquiry.
Amnesty International additionally relayed that reports described fictitious incidents and
gross misrepresentations of statements made by the delegates. The abrasive manner in
which the Argentinian government treated Amnesty International shows the hesitation
and reluctance of States to allow NGOs to intervene when their interest do not align. In
such instances, it can be extremely difficult for NGOs to accomplish their mission of
42
Human Rights Watch. “World Report 2017: Rights Trends in Argentina.” Human Rights Watch, 12 Jan.
2017, www.hrw.org/world-report/2017/country-chapters/argentina.
43
Amnesty International. “Report of an Amnesty International Mission to Argentina.” Amnesty
International, Nov. 1976, www.amnestyusa.org/files/annual_report_book_15_16_english-2.pdf.
23
protecting human rights, and even harder for States to continue to respect those human
rights once an NGO alleviates pressure.
In response to the Amnesty International Report, the US, French, and Swedish
governments denounced the human rights violations. In addition, the US reduced its
planned level of military aid for Argentina
44
. Concerned about the international human
rights condemnations and pressures, Argentina adopted a series of varying responses.
Instead of seeking to improve human rights, Argentina first tried to deny the legitimacy
of international concern over human rights in Argentina
45
. When this approach was still
unable to still international protest, it permitted the exercise of some human rights, while
still repressing others. When this yet again did not satisfy the international community,
the Argentinian government made concrete improvements in its repressive practices.
Argentina learned that it could not co-opt the Inter-American Commission on Human
Rights, or other independent reviews, and therefore needed to change its ways
46
. It
worked to end the practice of disappearances, to release political prisoners, and to restore
some political participation
47
. After 1978, involuntary disappearances significantly
decreased. The eventual cooperation with human rights improvements shows the
powerful role that NGOs can play in releasing information to encourage other states to
halt funds and provide support to other countries. Although the relationship between the
NGOs and Argentina was hostile, the NGOs were able to accomplish their human rights
mission by publicizing the atrocities and internationally embarrassing Argentina. The
44
Sikkink, Kathryn. Human Rights, Principled Issue Networks, and Sovereignty in Latin America.
International Organization, 47(3), 411-441, 1993.
45
Ibid.
46
Ibid.
47
Ibid.
24
pressure of the other states was essential to Argentina changing its ways as it feared
backlash from the international community.
The hostile relationship that Argentina had with NGOs was most likely over
issues of sovereignty. In response to the Amnesty International Report, Argentina
claimed that such statements constituted by Amnesty International were unacceptable
interventions in their internal affairs and a violation of Argentine sovereignty
48
. The
Argentine government did not approve of Amnesty International publicizing its human
rights violations, and, as a result, became abrasive to the NGO and wanted to limit the
information that it was disseminating. During this time, the civic-military dictatorship
wanted complete control over Argentina. The abuses in human rights, such as
disappearances, allowed the government to maintain control. Publicizing these human
rights abuses and calling for an end to them would have hindered the Argentine
government’s strength. Thus, Argentina was hostile to the international NGOs to protect
its sovereignty.
In 1983, Argentina transitioned to democracy, yet it still did not hold those
responsible for human rights abuses accountable and continued to commit various human
rights violations, the most concerning of which being police abuse. Argentina did not
focus on improving human rights conditions until 2003, under the Kirchner government.
From the 1990s until 2002, every year Human Rights Watch reported that human rights
activists faced death threats and harassment
49
. The threats and assaults followed
publications of articles against the Argentinian government or police. Until Kirchner, the
48
Ibid.
49
Human Rights Watch. “Argentina.” Human Rights Watch World Report 2002: Americas: Argentina,
2002, www.hrw.org/legacy/wr2k2/americas1.html.
25
government was reluctant to improve human rights and take responsibility. Rather, it was
trying to secure control of the state by threatening and punishing those who spoke out
against the government.
Since President Kirchner, Argentina has been trying to improve its responsibility
to end impunity with respect to human rights abuses. In 2006, President Kirchner
annulled the 1986 full stop law and the due obedience law, which excused soldiers who
were obeying orders from prosecution of human rights abuses during the 1970s
50
. It was
not until 2015, however, that the Supreme Court ruled in favor of annulling these two
laws. The amnesty laws blocked the prosecution of crimes committed under the military
dictatorship. This blanket amnesty allowed for the human rights abuses to be covered up.
Human rights NGOs such as Human Rights Watch and Amnesty International protested
for years
51
that such amnesty laws contravened international law
52
. They proclaimed that
the amnesty laws violated the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, which Argentina had ratified. For many years,
international NGOs pushed to hold individuals accountable and rescind the amnesty laws.
Although it took nearly thirty years for Argentina to repeal these amnesty laws, it
shows that Argentina is beginning to take responsibility and accountability for human
rights violations. This, however, also shows the weakness of NGOs in promoting policy
50
Human Rights Watch. “Argentina: Amnesty Laws Struck Down.” Human Rights Watch, June 2005,
www.hrw.org/news/2005/06/14/argentina-amnesty-laws-struck-down.
51
They commented on the impunity of Argentinian personnel and need for accountability until the amnesty
laws were overturned.
52
Amnesty International. “Argentina and Chile: The International Community's Responsibility Regarding
Crimes Against Humanity.” Amnesty International, 1998,
www.amnesty.org/en/documents/amr03/001/1998/en/
26
decisions that the state does not support. It was probably not the petitioning of NGOs that
motivated President Kirchner’s decision; after all, it was nearly thirty years later.
Nevertheless, the newfound commitment should be commended. In particular, Human
Rights Watch claimed that such annulment was a landmark victory against impunity for
gross human rights violations
53
. While Argentina still has a long way to go, it recognizes
and looks to end their violations and ensure that such grave abuses of human rights do not
occur in the future. In fact, in 2005, Human Rights Watch commended the Kirchner
government in its attempts to press for accountability for human rights violations
54
.
Additionally, since 2002, there have been no reports of international NGOs or individuals
in Argentina facing threats or a hostile government after the publication of human rights
abuses. Under the Néstor Kirchner presidency and continuing, Argentina has taken great
strides at increasing its commitment to human rights. While its human rights record
remains mixed, it does protect many basic freedoms.
Although Amnesty International was successful in the 1970s and more recently, it
took significant pressure and a large effort from NGOs. The time and work that NGOs
need to put in to affect change shows that Argentina is still not supportive of the work of
NGOs. At times, the government may try to discredit an NGO, claiming that it is
pursuing partisan politics, like in the case of Amnesty International. This can be seen
more recently when in November 2017, in an unprecedented move, the Argentinian
government blocked dozens of NGOs from coming to the WTO summit in Argentina for
53
Ibid.
54
Human Rights Watch. “Argentina.” Essential Background: Overview of Human Rights Issues in
Argentina (Human Rights Watch, 31-12-2004), 2005,
pantheon.hrw.org/legacy/english/docs/2005/01/13/argent9844.htm.
27
undisclosed reasons
55
. While many international NGOs and countries were upset, there
was nothing they could do. Amidst backlash, President Macri explained that he
blacklisted NGOs who made explicit calls for manifestations of violence through social
media, expressing the intent to generate schemes of intimidation and chaos
56
. Sally
Burch, an NGO representative who was blocked from entering Argentina said that the
accusations are not true, as advocating for a violent protest would be against the NGOs
principles
57
. The question arises then as to why the Argentine government would seek to
block NGOs. It could be because they threaten State sovereignty, or for other unknown
reasons. Although, as seen, the Argentine government tries to delegitimize NGOs whose
interests may not align with it.
Human rights NGOs in Argentina are met with hostility as their interests do not
align with the State. Argentina views the NGOs as a threat to their sovereignty and is
therefore not supportive of them. Although under President Kircher Argentina has begun
to accept a minimal responsibility for human rights, they still have a long way to come.
China
The Chinese government places extensive regulations on NGOs. NGOs are
perceived by the Chinese government as a source of political risk as well as indispensable
gap fillers for addressing the increasingly serious social problem
58
. To mitigate the
55
Goñi, Uki. “Fury as Argentina Blacklists WTO Attendees over 'Calls for Violence'.” The Guardian,
Guardian News and Media, 11 Dec. 2017, www.theguardian.com/world/2017/dec/11/argentina-social-
media-ban-world-trade-organisation-conference.
56
Ibid.
57
Ibid.
58
Foot, Rosemary. Rights beyond Borders: The Global Community and the Struggle over Human Rights in
China. Oxford Univ. Press, 2005.
28
political threat, each NGO is under supervision of a professional supervisory authority
(government sponsor). This supervision though can constrain the NGOs ability to
effectively serve the public. It additionally creates a major hurdle for NGOs as they
appear to be a liability and not an asset to its sponsoring institution. In addition, Chinese
regulation provides that there should not be more than one organization for any specific
area of work
59
. This restricts the number of legal NGOs that are authorized to work in
China. This regulation, however, has not hindered many domestic NGOs. Although
Green Earth Volunteers and Han Hai Sha are unregistered, they operate publicly and are
prominent
60
. While these examples show the temperance of China to allow non-registered
NGOs to garner public attention, they are both environmental NGOs. China supports
many environmental NGOs as they have encouraged the development of a third force for
handling environmental problems. In fact, the State Councilor for China, Song Jian
commended environmental mass organizations such as Friends of Nature, the oldest
environmental NGO in China, and called for the support of the healthy development of
these organizations
61
. Praise of environmental NGOs, shows Chinas willingness to accept
the help of NGOs when their interests align as China benefits from their results.
Due to governmental support, environmental NGOs have faced less hostility and
more success in achieving their desired results compared to human rights NGOs in China.
Since the 1990s, the Chinese government has decentralized its control over
environmental NGOs
62
. China even incorporated environmental policy into the nation’s
59
Ibid.
60
The Worldwatch Institute. State of the World, 2006: Special Focus: China and India. Norton, 2006.
61
Ibid.
62
Schwartz, Jonathan. “Environmental NGOs in China: Roles and Limits.” Pacific Affairs, vol. 77, no. 1,
pp. 28–49, 2004.
29
strategy for growth under their five-year plan in 2016. Furthermore, Greenpeace has had
large success in monitoring and ensuring a decrease in pollution in China. In a 2015
report, Greenpeace reported that Chinese officials halted new coal mine approvals for the
next three years and announced plans to close 1,000 mines
63
. Greenpeace had been
calling for stricter controls of coal burning for many years. They released two reports
exposing the high levels of pollution that increased death rates in urban areas to raise
awareness in China and the international community. China’s ability to change its policy
shows its receptiveness to and acceptance of its role in pollution. Greenpeace has been
successful in communicating with the Chinese government, but most importantly, China
is choosing not to ignore the warnings and reports of Greenpeace, but to change its ways.
Although environmental NGOs have had great success in China, they have also
faced difficulties with the State. One such difficulty is Chinese censorship. Greenpeace
reported that in an attempt to expose a coal company’s overexploiting water resources,
and illegally discharging waste, inside China, the report fell prey to a media blackout
64
.
This again shows the need for the State to accept its responsibility and commit to
changing its way in order for NGOs to be successful. While NGOs may expose a State’s
abuses, they cannot force a State to alter their ways. Although successful in pushing and
promoting environmental rights, NGOs in China are still met with challenges. Luckily,
63
Greenpeace International. “2015 Annual Report: East Asia.” Greenpeace International, 2016,
m.greenpeace.org/eastasia/Global/eastasia/publications/annual-reports/2015/Greenpeace-Annual-Reports-
2015-eng.pdf.
64
Greenpeace International. “How China's Shenhua Group Is Plundering Water Supplies.”Greenpeace
International, July 2013, www.greenpeace.org/archive-international/en/news/Blogs/makingwaves/how-
chinas-shenhua-group-is-plundering-water-/blog/46032/.
30
the rest of the world is not under the same censorship as China, and Greenpeace can
report the story in other parts of the world.
Human rights NGOs in China have not been met with as much success as
environmental NGOs. There are still many human rights violations such as freedom of
expression, association, assembly, and religion, but China has begun to accept minimal
human rights. Historically, China worked consistently and often aggressively to silence
the criticism of its human rights abuses
65
. It has tried to avoid and ignore responsibility
for its violations. Global actors, however, influenced a change in China’s attitude toward
human rights. China’s relations with the rest of the world began to change after the
government was elected to the UN Human Rights Commission in the 1980s. Being
elected to an important human rights oversight entity has helped China improve its image
internationally as other States see their commitment to advancing human rights. In
becoming elected and taking part in the Commission, China also shows that it believes
that domestic human rights are a subject of international concern, and this further helps to
strengthen the claims for the universality of human rights
66
. Thus, China has become
more receptive to improving human rights to improve its image internationally.
Save the Children, an international NGO that promotes children’s rights, believes
that tremendous change has taken place in China. In its 2012 report, Save the Children
writes that it has seen continued strengthening of government policy for specific
65
Human Rights Watch. “The Costs of International Advocacy | China's Interference in United Nations
Human Rights Mechanisms.” Human Rights Watch, 28 Oct. 2017, www.hrw.org/report/2017/09/05/costs-
international-advocacy/chinas-interference-united-nations-human-rights.
66
Foot, Rosemary. Rights beyond Borders: The Global Community and the Struggle over Human Rights in
China. Oxford Univ. Press, 2005.
31
children’s issues
67
. Yet, despite some positive changes, China still has many human
rights abuses. In its 2016-2017 report, Amnesty International reported that China
continued to draft and enact a series of new national security laws that presented serious
threats to the protection of human rights
68
. Many human rights defenders were silenced,
or censored, showing the state’s inability to fully accept and stop its human rights abuses.
In addition, there are still efforts by the Chinese government to manipulate and undercut
key UN human rights mechanisms
69
. Beijing in particular has used its political clout and
bureaucratic maneuvering to block international NGOs from obtaining consultation status
at the UN
70
, which might be critical of China. Although under scrutiny and international
pressure to improve human rights, China still has countless examples of human rights
violations. Without full acceptance and support, it is difficult to achieve complete
devotion to a cause.
Despite the difficulty in influencing governments’ decisions in authoritarian
regimes, environmental NGOs in China have maintained relatively good relationships
with the state. NGOs have been able to build relationships with the state when their
interests align. Yet, the hostility met by human rights NGOs shows the difficulty in
enacting and pushing for change when an NGO is working against a state’s interests.
While human rights NGOs may see temporary improvements, in follow-up reports, the
67
Save the Children. “Save the Children: China Programme Annual Review 2012.” Save the Children,
2012.
68
Amnesty International. “China 2017/2018.” Amnesty International, Jan. 2018,
www.amnesty.org/en/countries/asia-and-the-pacific/china/report-china/.
69
Kellogg, Thomas. “China Is Getting Better at Undermining Global Human Rights.” Foreign Policy,
Foreign Policy, 18 Oct. 2017, foreignpolicy.com/2017/10/18/china-is-getting-better-at-undermining-global-
human-rights/.
70
Ibid.
32
abuses of human rights are still seen and accepted by the government. Therefore, the case
of China shows that the more embracing a government is towards areas of NGO interest,
the more receptive the government is toward policy decisions and changes and applying
international norms.
India
India also does not have strong protections of human rights. There are limits on
free speech, attacks on religious minorities, and minimal rights for women. In the 1940s
and 1950s, India was very cooperative with NGOs. The state broadly supported NGOs,
which were largely modernization and welfare oriented
71
. This period of cooperation was
followed by antagonism, with the state challenging the more action-oriented NGOs. The
1980s and 1990s, were marked by increased state control of NGOs. This control may
have constrained NGOs, as the state was either unwilling to accept or felt threatened by
the alternative development models presented by the NGOs
72
. Additionally, the
government would deny allegations of abuse, and would not reply to criticism directly.
International NGOs like Amnesty International were not given access to India, and
human rights abuses increased
73
. In the 1990s, the government accepted that human
rights abuses took place, but pointed out that the government took action wherever there
were incidents of abuse
74
. Today, India has uneasy partnerships with NGOs. Some NGOs
71
Sen, Siddhartha. Some aspects of state-NGO relationships in India in the post-independence
era. Development and Change, 30, 327–355, 1999.
72
Ibid.
73
Thomas, Kumar. Left-Wing Extremism and Human Rights: The Role of Civil Liberties Groups in Andhra
Pradesh. SAGE, 2014.
74
Ibid.
33
are met with great support while others are met with resistance. Still, India uses tactics to
distract public attention from human rights abuses.
It is interesting to see that India has such a hostile relationship with international
NGOs as they are a democratic state, and have been since the 1950s. NGOs in democratic
countries are normally able to influence governments more strongly than in non-
democratic countries
75
. A potential reason for the hostility between NGOs and States may
be because in the 1980s and 1990s, NGOs formed around popular issues such as energy,
the environment, housing, or women’s rights, which were in opposition to state policy
76
.
As a result, the State was not supportive of the work of NGOs and sought to prevent their
potential progress and increase control over them. In order to control NGOs, India passed
the Foreign Contributions Regulation Act (FCRA) in 1976 to ensure foreign funds were
used for purposes consistent with the sovereignty of India, and in line with Indian law
77
.
Then again in 1985, there was a further tightening of the provisions of the FCRA to bring
NGOs more directly under the influence and control of the government
78
. This
crackdown has continued today, as in May 2015, India suspended the license of the
Indian branch of the international NGO Greenpeace and condemned its activities as anti-
national
79
. Greenpeace continued to speak out against the worsening ecological and
climate situation in India. Greenpeace thus threatened Indian sovereignty and its ability to
75
Fogarty, Ed. States, Nonstate Actors, and Global Governance: Projecting Polities. Routledge, 2014.
76
Sen, Siddhartha. Some aspects of state-NGO relationships in India in the post-independence
era. Development and Change, 30, 327–355, 1999.
77
Kilby, Patrick. NGOs in India: The challenges of women’s empowerment and accountability. Oxon;
NY: Rutledge, 2011.
78
Ibid.
79
Greenpeace International. “Annual Report: 2014.” Greenpeace India, 2015, secured-
static.greenpeace.org/india/Global/india/2016/docs/Annual_Report_2014-2015.pdf.
34
handle problems domestically. The hostility towards international NGOs that began in the
1980s has continued through today, with the government seeking to protect its
sovereignty and only agree to work with NGOs when their interests align.
India has ratified the International Covenant on Civil and Political Rights
(ICCPR), and numerous treaties protecting the rights of women and children, voted for
the UNGA resolution approving the Universal Declaration of Human Rights, and created
a National Human Rights Committee (NHRC) established under the UN to ensure the
protection of human rights. Yet, many abuses still exist. Amnesty International in its
2017 report wrote that since 2012, the government of India has made limited progress on
a range of recommendations. Although India did accept a variety of measures to prevent
discrimination and violence against women and members of religious minorities, India
has failed to investigate and prosecute violators of these human rights violations. The
inability of the State to act on its commitments shows what happens if a State’s interests
do not align with those of the NGO.
Indian authorities in addition, have used repressive laws to curb freedom of
expression and silence critics
80
. Both human rights and environmental defenders and
organizations continue to face harassment and intimidation. The Indian government has
even tried to prevent environmental NGOs from publicizing environmental abuses in
India. In 2015, Indian officials stopped a Greenpeace activist from leaving the country
80
Human Rights Watch. “Stifling Dissent: The Criminalization of Peaceful Expression in India.” Human
Rights Watch, 6 June 2017, www.hrw.org/report/2016/05/24/stifling-dissent/criminalization-peaceful-
expression-india.
35
because she planned to testify to British parliamentarians about coal mining in India
81
.
The harassment of NGOs is extremely concerning and threatens the ability of NGOs to
do their job.
Greenpeace has met mixed success in India. It worked to get clean air, clean
water, and clean energy for the country; challenged the fossil fuel industry, held some
corporations accountable, and disagreed with the government
82
. Such disagreement most
likely played a role in the suspension of Greenpeace India from 2015-2016. The Indian
government accused Greenpeace of dragging down India’s GDP growth
83
, although
Greenpeace believes that it was suspended because it asked tough questions to powerful
people
84
. This push for change against the Indian state’s wishes, prompted India to
retaliate to protect its sovereignty. The suspension of Greenpeace shows the difficulty in
enacting policy and pushing for change when it is against the wishes of the State.
Not all international environmental NGOs have been met with as much hostility
in India as Greenpeace. In fact, The World Wide Fund for Nature (WWF) has met
considerable success. WWF, an international NGO working in wilderness preservation
and reducing the human impact on the environment, has played a prominent role in India.
In particular, it has been working to improve the degradation of the rivers in India. While
it also faces a hostile Indian government, it has gained respect and legitimacy due to its
81
The Economist. “Who's Afraid of the Activists?” The Economist, The Economist Newspaper, 9 May
2015, www.economist.com/news/asia/21650548-democratic-asian-governments-well-authoritarian-ones-
crack-down-ngos-whos-afraid.
82
Greenpeace International. “Why Is Greenpeace India Having to Fight a Government
Crackdown?” Greenpeace International, May 2015, www.greenpeace.org/archive-
international/en/news/Blogs/makingwaves/greenpeace-india-fighting-crackdown/blog/53039/.
83
Ibid.
84
Ibid.
36
transnational linkages and history
85
. In part of its campaign for the protection of
biodiversity, it filed a case in the Indian Supreme Court against the government for
failing to implement national environmental laws and policies
86
. The ability for NGOs to
bring cases to the Supreme Court shows the actions that NGOs are willing to take to an
unresponsive State for their cause. This is an important feat for NGOs in India. It also
shows the willingness of the Indian government to accept a possibility and role from
NGOs. It should be noted however, that the beneficial relationship that WWF has with
India probably helped, as they were not seen as a threat to the government. The trusting
relationship that WWF has with India shows how effective NGOs can be when they have
a beneficial relationship with the State. Although the Indian government may have
uneasy partnerships with NGOs, it is still willing to accept their help and seek
improvements in the domestic arena when it has faith in NGOs that do not overly
threaten the state’s sovereignty over sensitive areas.
The uneasy relationship that India has with NGOs is due to issues of sovereignty.
India is unwilling to improve their human rights or environmental abuses because their
interests do not align with the NGOs and India views their actions as a risk to state
control. The lack of trust that India has with NGOs also undermines their ability to affect
change. As seen with the case of WWF, however, NGOs are able to make an impact
when India has confidence in their work. International NGOs in India should therefore
work on building trust and stronger relationships with the State to increase their success.
85
Randeria, Shalini. Globalisation of law: Environmental justice, World Bank, NGOs and the cunning
state in India. Current Sociology, 51(3/4), 305–328, 2003.
86
Ibid.
37
Russia
Russia also has serious environmental problems. Environmental protection goes
through waves in Russia. Although environmentalism was a driving force throughout
perestroika, Yeltsin and Putin deemphasized environmental protection. While Putin
declared 2017 the year of ecology, giving attention to environmental issues, in February
2017, the Russian government labelled 30 environmental NGOs as “foreign agents”
under a law enacted in 2012
87
. Of the 30, 14 shut down, and only four remain active. The
law applies to any organization that accepts funding from outside Russia and engages in
political activity
88
. The 2012 passage of the Russian “Foreign Agent” law requires NGOs
that receive foreign donations and engage in political activity to register and declare
themselves as foreign agents. The government labels these organizations as Russian
spies, and in doing so, delegitimizes the organizations. This act thus seeks to limit the
number of NGOs receiving international funding and exerting potential influence, and
hinders the ability of NGOs to do their job efficiently, if at all. A potential reason for the
new Foreign Agent Law is the fact that Russia perceives NGOs as a threat to its
sovereignty. In limiting the actions they are able to take, Russia is preserving its control
over the State and any changes for society.
Another mechanism that Russia uses to maintain their authority over the State is
its strong control over the media. This prevents NGOs from relaying their message, or if
87
Human Rights Watch. “World Report 2018: Rights Trends in India.” Human Rights Watch, 18 Jan.
2018, www.hrw.org/world-report/2018/country-chapters/india.
88
Human Rights Watch. “Briefing on the Shrinking Space for Civil Society in Russia.” Human Rights
Watch, 24 Feb. 2017, www.hrw.org/news/2017/02/24/briefing-shrinking-space-civil-society-russsia.
38
they do, the government refutes them. In fact, Greenpeace Russia emphasizes that, more
than half of Russians are unaware of the problem of climate change
89
. In 2008, President
Medvedev acknowledged that over 40 million citizens live in substandard environmental
conditions
90
. Due to government censorship, people are uninformed of issues and
therefore cannot push the government for change. Nevertheless, since the 1990s, Russian
environmentalists have benefited from the international resources of NGOs to support the
green cause, and encourage the development and recognition of environmental problems
in Russia
91
. International environmental NGOs have thus been very effective in raising
environmental issues and concerns in the Russian community. Russia has additionally
signed more than 15 international environmental agreements
92
since the post-Soviet
period. Although Russia may not have implemented many of these agreements, NGOs
have worked to make both Russia and civil society aware of the environmental problems
in Russia.
Environmental degradation continues to exist. Less than half of Russia’s
population has access to safe drinking water, and over 200 cities exceed Russian
pollution limits. Greenpeace reports that energy issues are a sensitive topic for the
government, especially if connected to work regarding the Arctic, oil companies, or gas
and nuclear issues
93
. The most significant climate campaigns have been carried out by the
89
Greenpeace International. “Russia – Climate Killer.” Greenpeace Russia, Dec. 2007,
www.greenpeace.org/russia/en/press/releases/1612802/.
90
Fagan, Adam, and JoAnn Carmin. Green Activism in Post-Socialist Europe and the Former
Soviet Union. Routledge, 2011.
91
Ibid.
92
Ibid.
93
Ibid.
39
international NGOs Greenpeace, WWF, and Climate Action Network Europe
94
. While
these organizations have been met with much success, they have also faced difficulties in
enforcing Russia’s commitment to environmental issues. In 2008, Greenpeace Russia
greatly monitored Russia and its construction plans for the Olympics. Many plans called
for a number of venues to be built on the edge of a highly protected nature reserve
95
.
Government officials, however, repeatedly asserted that the sites could not be relocated.
Greenpeace Russia, along with WWF conducted an independent environmental impact
assessment and developed proposals for relocating the venues. The Russian government
still refused to relocate.
Months later, Prime Minister Putin suddenly ordered the relocation of some
venues, and stated that in determining priorities, Russia chooses ecology over money
96
.
Although successful, this campaign shows the struggle to preserve nature in Russia. It
further shows that the victory was not based on an effective system of environmental
governance, but instead, the results depended on Putin
97
. Greenpeace-Russia, however, in
an effort to protect the environment and make Russia aware of the consequences of their
actions warned that if the environmental impact of the Olympics was ignored,
environmentalists would be compelled to appeal to the international organizations to
attract attention to the ecological problems
98
. Greenpeace did this in order to hold Russia
94
Henry, Laura and Lisa Sundstrom. “Russia and the Kyoto Protocol: Seeking an Alignment of Interests
and Image,” Global Environmental Politics, 7, 47-69, 2007.
95
Fagan, Adam, and JoAnn Carmin. Green Activism in Post-Socialist Europe and the Former Soviet
Union. Routledge, 2011.
96
Ibid.
97
Ibid.
98
Henry, Laura. ‘Between Transnationalism and State Power: The Development of Russia’s Post-Soviet
Environmental Movement’, Environmental Politics, 19, 5, pp. 756–81, 2010.
40
accountable for potential future violations of environmental conditions. The publicity of
the Olympics allowed international and domestic actors to carry out plans they normally
would not have been able to under different circumstances. Once again, the Russian case
provides evidence of government’s desire for change only when its interests align with
those of NGOs. When their interests oppose each other, NGOs must work much harder to
be successful and may not even be able to affect actual change.
Not all environmental NGOs in Russia are met with as much hostility as
Greenpeace. In particular, WWF has been met with much success in Russia, as the 2015
report notes that it has helped to preserve and prevent the degradation of Russian forests,
and limit greenhouse gas emissions
99
. However, the access of these organizations to top
level decision-making has been limited due to Russia’s highly centralized institutional
structure, and particularly after the adoption in 2005 of the regulations restricting the
activities of NGOs. While this did not stop NGOs from trying to make a change,
especially in regards to the Kyoto Protocol, it has made it more difficult.
The Kyoto Protocol is an international treaty that commits state parties to
reducing greenhouse gas emissions, based on the scientific consensus that global
warming is occurring and it is likely from human made CO2 emissions. Greenpeace
International created a Kyoto campaign focused on Russia. NGOs focused on Russia
because it has large greenhouse gas emissions. In 2003, Greenpeace International
gathered ten thousand signatures for a letter asking President Putin to ratify the Kyoto
Protocol, which was delivered to the president’s office and to Russian embassies in more
99
WWF. “WWF Annual Report 2015.” WWF, 2015, www.wwf.ru/data/report/wwf_russia_annual-
report_eng_1.pdf.
41
than thirty countries
100
. Russian public support remained unengaged in the debate over
ratification. Yet, ultimately in 2004, Russia ratified the Kyoto Protocol. International
NGOs were thus able to achieve results by pressuring the Russian government. The
success of the Kyoto Protocol was a great first step in Russia recognizing the need to
reduce greenhouse gas emissions, and NGOs like Greenpeace and WWF have held them
accountable. WWF reported that in 2015, greenhouse gas emissions in China are no
longer growing
101
. Although Russia’s commitment required significant pressure and
effort from NGOs, Russia ultimately accepted its responsibility and committed to
reducing emissions.
The strong control that Russia has over the state has hindered the ability of NGOs
to affect change. Since NGOs are viewed as a threat to Russian sovereignty, the State is
not supportive of them. However, this has not stopped NGOs from publicizing Russia’s
abuses to pressure the State to change its ways.
Conclusion
The relations between states and NGOs are very difficult and depend on many
factors. Their success largely depends on an alignment of interests between governments
and NGOs. States become abrasive and hostile to NGOs when they believe an NGO is
encroaching on their sovereignty. Upon building strong relationships with States, NGOs
will be given more autonomy from the State and will be able to enact change more
effectively.
100
Henry, Laura and Lisa Sundstrom. “Russia and the Kyoto Protocol: Seeking an Alignment of Interests
and Image,” Global Environmental Politics, 7, 47-69, 2007.
101
WWF. “WWF Annual Report 2015.” WWF, 2015, www.wwf.ru/data/report/wwf_russia_annual-
report_eng_1.pdf.
42
Chapter 5: Role of Civil Society
NGOs have an interrelationship with civil society. Civil society plays a critical
role in strengthening NGO support and increasing pressure on a state to adopt new
policies. Yet, NGOs are another component that strengthen civil society’s ability to
operate vigorously and independently
102
. Civil society is organized social life
autonomous from the state with the goal of advancing or expressing a common purpose
through ideas, actions, and demands on governments
103
. Civil society thus involves
citizens acting collectively in a public sphere; it is a bridge between the State and its
citizens. Domestic NGOs play a significant role in combining different classes into
associational groups as they provide a forum for citizens to come together and fight for
rights. Globalization has allowed for a greater emergence of civil society and for issues to
extend beyond local, regional, and national borders
104
. The rise and prevalence of civil
society has allowed for the formation of domestic NGOs and increased awareness and
support from transnational NGOs.
Technological changes have played a role in the speed and promotion of
transnational social movements. Human rights problems increasingly cross state borders
and environmental issues extend beyond state borders. The internet allows individuals to
create a community of informed activists, regardless of location
105
. Internet user groups
102
Mercer, Claire. NGOs, civil society and democratization: A critical review of the literature. Progress in
Development Studies, 2(1), 5–22, 2002.
103
Cohen, Jean L., and Andrew Arato. Civil Society and Political Theory. Mit Press, 1999.
104
Keohane, Robert O., and Joseph S. Nye. Transnational Relations and World Politics. Harvard
University Press, 1981.
105
Deibert, Ronald J. Parchment, Printing, and Hypermedia: Communication in World Order
Transformation. Columbia University Press, 1998.
43
and websites have created a new arena where political and social norms are proposed,
debated, and determined
106
. Technology has thus made it possible to ignore borders and
create communities based on common values to push for change within states, which
helps to create a global civil society.
Civil society representatives possess significant experience and expertise at the
grass roots level. This knowledge, helps international NGOs formulate policy and
strategy effectively. Civil society also provides credibility and legitimacy to international
NGOs. Normally, civil society has the largest impact in democratic countries
107
. Since
civil society can be trusted more than governments, businesses, and the media, showing
support to international NGOs allows citizens to rally behind them, which helps NGOs do
their work more effectively. In non-western countries however, especially in authoritarian
regimes, where there are relatively low-scale economic developments, and a weak civil
society, human rights NGOs are usually seen as a threat to state sovereignty and
authority
108
. The more active a civil society is therefore contributes to the success of
international NGOs.
Argentina
Civil society does not play a very important role in human rights issues in
Argentina. Argentina historically had a weak civil society during the authoritarian and
totalitarian regime. The democratic transition that occurred in Argentina in 1983 provided
an opportunity for individuals and civil society organizations to express demands for
106
Ibid.
107
Marcinkute, Lina. ‘The Role of Human Rights NGO’s: Human Rights Defenders or State Sovereignty
Destroyers?, Baltic Journal of Law & Politics, vol. 4, no. 2, p. 56, 2011.
108
Ibid.
44
government accountability. However, due to the belief that democracy has not worked for
the good of the citizen because the political classes are corrupt, self-serving and seek only
personal aggrandizement, fame, power, and money, there is still a widespread lack of
interest in politics
109
. Thus, the elite dominated civil society makes many organizations
personalistic and hierarchical
110
. Members usually belong to the middle or upper class,
and have few links to the poor. Additionally, some organizations lack a clear identity.
This lack of identity leaves them open to be coopted through state programs or political
parties
111
, which makes it extremely difficult to create stable networks in Argentina.
In addition, the state is not supportive of developing a flourishing civil society. In
2015, CIVICUS, a non-profit aimed at strengthening civil society around the world,
released a report detailing the difficulties in creating a strong civil society in Argentina.
They describe the tension that exists between civil society and state agencies when civil
society presents different ideas and criticism of government actions. To hinder their
progress further, many civil society organizations were closed down by the state as a way
to silence critics, or mentioned in a negative way to discourage a further following
112
.
These actions by the state generate a feeling of mistrust towards civil society
organizations and limits the progress they are able to make. The repressive state also
109
Wolfenden, Katherine J. “Pero
́
n and the People: Democracy and Authoritarianism in Juan Pero
́
n's
Argentina,” Student Pulse 5 (02), 2013.
110
Jacobs, Jamie Elizabeth, and Martín Maldonado. “Civil Society in Argentina: Opportunities and
Challenges for National and Transnational Organisation.” Journal of Latin American Studies, vol. 37, no. 1,
pp. 141–172, 2005.
111
Ibid.
112
CIVICUS. “Snapshot of Civil Society in Argentina.” CIVICUS, June 2015,
www.civicus.org/images/Snapshot_of_CS_in_Argentina.pdf.
45
makes it harder for NGOs and other international organizations to garner support from
civil society and pressure the government to change its ways.
Despite these difficulties, however, the most prominent contemporary issue in
civil society is the human rights movement. Argentina has a large base of domestic
human rights NGOs with autonomous and independent individuals and groups
113
. Due to
the history of human rights abuses in Argentina, there have historically been many
promoters of human rights. In the 1970s, the Grandmothers of the Plaza de Mayo, a
domestic human rights organization in Argentina, used the international community to
report the abuses of human rights. They traveled to Europe, the US, and Canada to
denounce human rights violations in Argentina and seek international solidarity
114
. These
civil society organizations documented abuses and protested against repression.
International pressures additionally helped protect domestic monitors and open spaces for
their protest. International NGOs then amplified both the information and symbolic
politics of the domestic groups and projected them onto an international stage
115
. This
forced Argentina to take responsibility and acknowledge its human rights abuses.
Domestic society can thus provide invaluable assistance in publicizing abuses of human
rights which allows international NGOs to pressure governments to change their ways.
In the 1970s and 1980s, human rights organizations pressured the regime to
address its central claims for the rule of law and justice. With the passage of the final stop
and due obedience laws in 1987, the human rights movement split over whether to work
113
Keck, Margaret E., and Kathryn Sikkink. Activists beyond Borders: Advocacy Networks in
International Politics. Cornell University Press, 1998.
114
Ibid.
115
Ibid.
46
inside or outside of the system
116
. Furthermore, the growing economic crisis halted the
movement, and participation in civil society organizations declined from 35 percent to 19
percent of the population between 1984 and 1991
117
. While this number has risen to 27
percent
118
, it has still yet to reach peak levels. New civil society organizations such as the
piqueteros, emerged during the 2001-2002 economic crisis. Yet many of these
organizations disappeared with the economic recovery, others were co-opted by the
Néstor Kircher government, or joined with the agrarian farmer unions
119
. Civil Society
flourishes in Argentina during times of crisis, but remains relatively weak otherwise. The
lack of a civil society makes it harder for international NGOs to engage with the public
and garner a large base to increase domestic pressure on governments.
Civil society in Argentina thus needs to be strengthened in order to make the
impact of NGOs more effective. As with international NGOs, the government seeks to
silence those when their interests do not align. This hinders the ability to enact change in
Argentina.
China
Civil society in China is beginning to grow despite strict regulation and
monitoring from the Chinese government. When the Communist Party took over in 1949,
it eliminated anything that stood between the state and the individual, including churches
116
Friedman, Elisabeth Jay, and Kathryn Hochstetler. “Assessing the Third Transition in Latin American
Democratization: Representational Regimes and Civil Society in Argentina and Brazil.” Comparative
Politics, vol. 35, no. 1, pp. 21–42, 2002.
117
Ibid.
118
Collier, Ruth Berins, and Samuel Handlin. Reorganizing Popular Politics: Participation and the New
Interest Regime in Latin America. Pennsylvania State University Press, 2009.
119
Stiftung, Bertelsmann. “Argentina Country Report.” European Country of Origin Information Network,
1 Jan. 2016, www.ecoi.net/en/document/1305370.html.
47
and independent associations
120
. There was no civil society in China until Mao Zedong’s
death in 1976. After Zedong’s death, China began a period of opening up, allowing
organizations, but under strict limitations. Domestic NGOs could not participate in issues
that could become political, and were limited to charitable concerns
121
. Until 2012, any
NGO that wanted to be legal, had to register with a sponsoring organization, thus insuring
government control over all domestic NGOs. After the 2008 Sichuan earthquake,
government regulation over NGOs let up as the government saw the role and potential
effectiveness of NGOs. There are currently 500,000 NGOs registered with the state. Yet,
many of these NGOs are quasi-official or organizations trying to get government
money
122
; they do not care about human rights or environmental issues in China.
However, China has slowly allowed unofficial, unregistered NGOs, which have the
desire to affect change and alter China policies. Currently, there are 1.5 million
unregistered NGOs, and they are growing in number and influence.
A rise in the Chinese middle class has also helped contribute to the increasing role
of civil society. The middle class plays an important factor in civil society as better
educated people with a stronger economic base, claim citizens’ rights and try to assert
themselves in the policy making process
123
. The middle class thus threatens the
government’s ability to coerce civil society.
120
The Economist. “Beneath the Glacier.” The Economist, The Economist Newspaper, 12 Apr. 2014,
www.economist.com/news/china/21600747-spite-political-clampdown-flourishing-civil-society-taking-
hold-beneath-glacier.
121
Ibid.
122
Ibid.
123
Ye, Zhang. “China's Emerging Civil Society.” Brookings Institute, Brookings Institute, Aug. 2003,
www.brookings.edu/research/chinas-emerging-civil-society/.
48
Civil society in China regarding environmental issues has taken an active role.
Disasters and major social events have allowed civil society to flourish. In 2007,
thousands of Chinese citizens successfully protested in Xiamen to halt the construction of
a toxic petrochemical plant. These were mainly middle class citizens attempting to
pressure the government for a more transparent and accountable system
124
. Recently,
Chinese citizens have had considerable success in enacting change with the state. Pushing
for change through state-approved NGOs however has proven more difficult. Many
NGOs are scared to become too big, or challenge the government as they may be shut
down as a result. Friends of Nature, the longest and most reputable environmental NGO
in China is worried about expanding
125
. They currently have six full time staff members,
and 1,500 members. Their membership base could far exceed 10,000 members, and it
could have numerous regional branches. Yet, Friends of Nature limits its membership and
rejects branch affiliation requests. They are concerned that if they attract too many
members or establish a close relationship with any regional groups, it may be viewed as
contravening government restrictions of NGO activities
126
. Even more recently,
legislators met with Liang Congjie, the head of Friends of Nature to warn him to avoid
public activism due to government crackdown
127
. He stated himself that he feared
Friends of Nature would be shut down if he went too far, and voluntarily limited
124
Chen, Jie. “Transnational Environmental Movement: Impacts on the Green Civil Society in China.”
Journal of Contemporary China, vol. 19, no. 65, pp.503-523, 2010.
125
Schwartz, Jonathan. “Environmental NGOs in China: Roles and Limits.” Pacific Affairs, vol. 77, no. 1,
pp. 28–49, 2004.
126
Ibid.
127
Lanteigne, Marc, and André Laliberté. The Chinese Party-State in the 21st Century: Adaptation and the
Reinvention of Legitimacy. Routledge, 2011.
49
membership to 10,000
128
. This fear greatly inhibits a NGO’s ability to conduct research,
lobby the government for change, and share human rights abuses. The dependence on the
government thus greatly hinders civil society’s ability to do its job effectively. Civil
society is therefore limited in its ability to press for change for fear that it may be shut
down.
As a result of limited membership, Friends of Nature and other domestic NGOs
encourage citizens to establish their own independent NGO or community groups. While
this gives citizens a place to form together and share their interests, it would be more
effective to have one large association. Lack of cohesion makes it harder to push for
policy changes effectively. Such pressure from the government additionally raises
concern that cooptation equalizes neutralization
129
. Chad Hansen, a research ecologist
and board member of the Sierra Club, an environmental club in the US, worries that
many domestic NGOs lost sight of the fact that ecosystems are more important than the
organization. He fears they succumbed to the intoxication of political access
130
. Thus,
Hansen believes that domestic NGOs are so concerned with their relationship with the
government that it takes away from their ability to promote environmental issues
adequately.
Furthermore, domestic environmental NGOs receive a lot of legitimacy and
respect from international NGOs. International NGOs help introduce domestic NGOs to
major events in global governance, which allows them to expand their reach and share
128
Shapiro, Judith. China's Environmental Challenges. Polity Press, 2016.
129
Ho, Peter. “Greening without conflict? Environmentalism, NGOs and civil society in China,”
Development and Change, Vol. 32, No. 5, pp. 893–921, 2001.
130
Ibid.
50
their ideas with NGOs all over the world. This globalization has allowed them to become
exposed to international awards. When Yu Xiaogang, a founder of the Green Watershed
NGO in China won the Goldman Environmental Prize, it greatly enhanced his NGOs
domestic reputation and improved its standing with the government
131
. International
NGOs can therefore help provide legitimacy to domestic NGOs which in turn improves
the domestic standing in the State. International NGOs in addition help domestic NGOs
get funding. Since many domestic NGOs in China are reliant on the government for
money, international NGOs help domestic NGOs receive other sources of financial
backing. This allows for NGOs to attract more citizens and increases their effectiveness.
Furthermore, domestic NGOs can work with international NGOs to bring
awareness to environmental abuses in order to stop them. In 2004, when the government
planned to build a chain of 13 hydroelectric dams on the Nijiang River, domestic NGOs
joined forces with international NGOs to prevent this from happening. Green Watershed
and Friends of Nature raised awareness of the construction to local villagers about the
potential damage to their cultures and livelihood that the proposed mega dams would
bring. The domestic NGOs mobilized local villagers to protest against the project
132
.
International Rivers, an international environmental NGO began funding and supporting
the domestic NGOs to boost their movement. Chinese activists then connected with UN
agencies and western media. The campaign extended broadly and stopped when Premier
Jiabao intervened to block the plan until a further environmental study was completed.
133
131
Chen, Jie. “Transnational Environmental Movement: Impacts on the Green Civil Society in China.”
Journal of Contemporary China, vol. 19, no. 65, pp.503-523, 2010.
132
Ibid.
133
Ibid.
51
The influence of the International Rivers to provide funding to support and encourage the
movement put international pressure on the government. The pressure ultimately halted
the project and allowed for environmental precautions to be taken. Civil society can
therefore be a crucial first step to raising awareness of and trying to prevent abuses of
environmental issues when the international community is unaware of the violations.
On the other hand, international human rights NGOs in China have not met any
recent success in collaborating with civil society. As of 2016, the government has made
systematic efforts to silence independent civil society voices concerning human rights
134
.
Over 16 human rights lawyers and activists were detained in 2015 and held in secret
135
.
Chinese Human Rights Defenders, a coalition of Chinese international human rights
NGOs reported that China is treating human rights workers like criminals
136
. They
disclosed that the Chinese government seems intent on eliminating civil society through a
new legislation restricting the funding and operations of NGOs, and the criminalization
of human rights activities as a so-called threat to national security
137
. The Chinese
government has therefore limited, if not eliminated, civil society in relations to human
rights. States play a crucial role in the allowance and acceptance of policy. If domestic
NGOs and civil society are not allowed to flourish, then international NGOs will not be
made aware of the issues for the state. The strict restrictions that China puts on civil
134
Human Rights Watch. “World Report 2017: Rights Trends in China.” Human Rights Watch, 12 Jan.
2017, www.hrw.org/world-report/2017/country-chapters/china-and-tibet.
135
Ibid.
136
Chinese Human Rights Defenders. “‘They Target My Human Rights Work as a Crime’: Annual Report
on the Situation of Human Rights Defenders in China (2016).” Chinese Human Rights Defenders, Feb.
2017.
137
Ibid.
52
society shows how crucial state acceptance of NGOs are. Without acceptance, NGOs
cannot enact change.
Furthermore, civil society in China is restricted by strict media oversight. In
November 2017, China passed a Cybersecurity Law to limit online freedom anonymity
and further restrict what can be displayed on the internet
138
. The government does not
want anything reported that goes against party lines. The tightened control over the
internet shows that citizens are not allowed freedom of expression and another way that
China seeks to limit the role of civil society. With extreme censorship, the media will
only display what the government allows it to and the people will be unaware of the real
issues and changes that need to occur.
The strict control that China has over civil society makes it difficult for citizens to
form and make an impact, yet alone international NGOs. Domestic NGOs have been
allowed to assemble around environmental protection, but under strict regulations. While
international NGOs have played a crucial role in legitimizing and funding domestic
NGOs, the Chinese government must also be willing to change. In regards to human
rights, however, civil society is non-existent as China has recently cracked down to
eliminate civil society altogether. The contrast between environmental and human rights
NGOs show how crucial the state is to NGO success and effectiveness. Without support
from the government there is little, if anything, that an NGO can do to try to make an
impact.
138
Human Rights Watch. “World Report 2017: Rights Trends in China.” Human Rights Watch, 12 Jan.
2017, www.hrw.org/world-report/2017/country-chapters/china-and-tibet.
53
India
India boats an active and vibrant civil society with over three million civil society
organizations
139
. In particular, they play a major role in promoting, protecting, and
strengthening human rights
140
. Civil society organizations are crucial in working to hold
the government accountable for its decisions and advocate for policies to advance human
rights. NGOs greatly engage with civil society and extensively promote discussion and
debate about human rights and environmental issues. The Indian Constitution has even
provided environmental protection and legislative statutory provisions as a
result
141
. Although environmental degradation continues to exist due to a lack of
effective enforcement of various laws, NGOs have made environmental protection a part
of the on-going issues of concerns in India. Citizens advocate on behalf of environmental
concerns, and political groups cannot afford to neglect a commitment to improving
environmental conditions
142
. While conditions may still be poor and unacceptable, NGOs
act as an information barrier not allowing the issues to go unnoticed.
However, with the election of Prime Minister Modi in 2014, the quality of
democracy and ability to engage in dissent has drastically shrunk
143
. The government
139
Gaebee, Kgalalelo. “India: Democracy Threatened by Growing Attacks on Civil Society .”Home, Nov.
2017, www.civicus.org/index.php/media-resources/reports-publications/2991-india-democracy-threatened-
by-growing-attacks-on-civil-society.
140
Ibid.
141
Agarwal, Anjali. “Role of NGOs in the Protection of the Environment.” Journal of Environmental
Research and Development, vol. 2, no. 4, pp. 933–938, 2008.
142
Alveteg, Thomas, and Sanjukta Sarkar. Increased Awareness and Capacity to Protect the Environment
through Indian NGOs. Swedish International Development Cooperation Agency, 2014.
143
Gaebee, Kgalalelo. “India: Democracy Threatened by Growing Attacks on Civil Society .”Home, Nov.
2017, www.civicus.org/index.php/media-resources/reports-publications/2991-india-democracy-threatened-
by-growing-attacks-on-civil-society.
54
uses restrictive legislation to deny civil society organizations their rights to register, and
in some cases suspends or withdraws permits to operate
144
. In addition, some civil society
organizations have been prevented from receiving external sources which limits their
ability to carry out their activities.
Initially, India was indifferent to the role of civil society. After the 1980s,
however, the government welcomed and encouraged participation of domestic NGOs in
the development sphere
145
. Civil society became more prominent as state structures were
criticized for being bureaucratic and corrupt. Domestic NGOs were seen as accountable,
responsible, and committed to bringing social change
146
. Domestic NGOs thus began to
take over the functions that the state was unsuited for and performed them with greater
motivation and efficiency. Recently however, India has constrained many NGOs. More
than twenty five Indian NGOs lost their license to receive international funding because
of their “anti-national” activities
147
. This action comes after the cancellation of the FCRA
licenses of 11,319 NGOs for failing to apply for renewal within the deadline
148
. The
domestic NGOs are accused of failing to meet the legal requirements under the FCRA of
registration. The cut of funding for many of these NGOs however means that will no
longer be able to remain operational in India. A joint statement from Amnesty
144
Ibid.
145
Baviskar, B.S. ‘NGOs and Civil Society in India’, Sociological Bulletin 50(1): 3–15, 2001.
146
Ibid.
147
Doshi, Vidhi. “India Accused of Muzzling NGOs by Blocking Foreign Funding.” The Guardian,
Guardian News and Media, 24 Nov. 2016, www.theguardian.com/global-development/2016/nov/24/india-
modi-government-accused-muzzling-ngos-by-blocking-foreign-funding.
148
Jain, Bharti. “'Anti-National Acts': 25 NGOs Lose Foreign Fund Licences - Times of India.” The Times
of India, India, 5 Nov. 2016, timesofindia.indiatimes.com/india/Anti-national-acts-25-NGOs-lose-foreign-
fund-licences/articleshow/55254613.cms.
55
International and Human Rights Watch said that the government was using the Foreign
Contribution Regulation ACT (FCRA) to muzzle NGOs
149
. Many of the NGOs with
funding cuts were human rights NGOs frequently opposing the Indian government. The
Indian government thus encourages domestic NGOs and civil society, but does not
support or want international and outside intervention. As early as 1976, former Prime
Minister Indira Gandhi introduced the FCRA to prevent political opponents from
receiving foreign funding during the state of emergency
150
. Although the state of
emergency ended in 1977, the law was not repealed. In 2010, the law was toughened, and
in 2017, India cut much FDRA funding.
Prior to strict regulations, civil society was able to make a large impact, especially
when in partnership with international NGOs. In the 1980s, India sought to create around
3,000 dams to generate electricity, irrigate land, and provide clean drinking water to
many villages in need. At the same time, the project threatened to displace millions of
peasants and destroy thousands of forest lands
151
. The project was a threat to both human
rights and environmental issues. The project became known as Sardar Sarovar Project
(SSP). In 1978, the initial grassroots mobilization against the SSP began. During protests,
many civilians were detained and jailed. Yet, the initial grassroots mobilization failed to
halt the momentum behind the SSP in India
152
. Eventually, the villagers withdrew their
149
Human Rights Watch. “India: Foreign Funding Law Used to Harass 25 Groups.” Human Rights Watch,
8 Nov. 2016, www.hrw.org/news/2016/11/08/india-foreign-funding-law-used-harass-25-groups.
150
Harneit-Sievers, Axel. “Limited Freedom of Speech, Monitored NGOs: India's Civil Society Under
Pressure.” Heinrich Böll Foundation, Nov. 2016, www.boell.de/en/2016/11/07/limited-freedom-speech-
monitored-ngos-indias-civil-society-under-pressure.
151
Khagram, Sanjeev, Riker, James, & Sikkink, Kathryn. (Eds.). Restructuring World Politics:
Transnational Social Movements, Networks, and Norms. University of Minnesota Press, 2002.
152
Ibid.
56
protests believing that Congress would represent their opposition to the SSP. However, to
the citizens’ disbelief, Arjun Singh, a key opposition leader of the SSP became chief
minister of the project. In 1983, domestic NGOs stated support to the grassroots protest.
Continued domestic mobilization in India and increased monitoring of the World Bank, a
major funder of the SSP, produced some changes in domestic resettlement policy.
Grassroots struggle to reform government resettlement policies grew stronger.
Indian authorities and World Bank officials faced increasing pressure from a rapidly
growing transnational coalition of NGOs linked directly to the grassroots resistance in
Gujarat that was dedicated to reforming the resettlement aspects of the SSP. The local
Gujarat NGO was being funded by Oxfam, an international NGO. Survival International,
an international NGO dedicated to protecting the rights of tribal/indigenous peoples
around the world, sent a letter to the World Bank and International Labour Organization
(ILO), stating its concerns about the SSP because it violated ILO Convention 107
153
. As a
result, the World Bank’s board of directors included an explicit condition that Indian
authorities execute a resettlement plan consistent with international norms. Oxfam and
other NGOs pressured the Gujarat authorities to pass significant policy revisions. This
process however took five years of mobilization and lobbying from local and
international levels.
Still however, the fight was not over. The dams were still continuing to be built
despite the environmental and human rights violations. At this time, environmental
issues were becoming a concern in India. Hindu Nature Club and Kalpavriksh, a Deli
153
Ibid.
57
based environmental NGO completed a study of the environmental and social impacts of
the SSP. The environmental critique and increasing involvement of India’s federal
environmental agency with the Narmada Projects produced a major hurdle in the path of
the SSP
154
. The Ministry of the Environment refused to grant environmental clearance for
the SSP.
The construction still persisted. Yet, this once again did not stop civil society
from protesting. In the Harsud Valley in 1989, more than three hundred NGOs and sixty
thousand people came from all over the country to protest in a transnational campaign
against the SSP. Soon after, the Narmada International Action Committee comprised of
NGOs from all over the world formed. NGOs were coming together to fight against the
human rights and environmental issues. They were gathering more support the longer the
projects went on, and the more information concerning the abuses was revealed. Civil
society persisted as well and continued to organize rallies, investigate the project and
potential alternatives, spreading its message to the wider Indian and international publics
through the press, newsletters, and letter-writing campaigns
155
. Civil society remained
strong and helped draw attention of the human and environmental abuses. The World
Bank finally agreed for an independent review.
The independent review by Bradford Morse and Thomas Berger did not occur
until September 1991, almost ten years after the start of the project. Domestic authorities
still continued with the dam construction. Authorities attempted to relocate villagers, and
154
Ibid.
155
Ibid.
58
arrested hundreds of people who refused to resettle. Domestic and international NGOs,
such as Amnesty International, documented the human rights violations perpetrated by
the Indian authorities
156
. The independent review found that the project should not
proceed unless in accordance with human rights norms. The World Bank and Indian
officials however downplayed the severity of the report.
The Narmada International Action Committee published an open letter to the
World Bank in the Financial Times, criticizing them for their duplicity and calling for the
suspension of the SSP
157
. 250 NGOs from thirty-seven countries signed the letter. In
1993, the World Bank announced that India would voluntarily forego further World Bank
funding to support the project. Civil society in India however continued to organize
against the movement.
A domestic Indian Review Group was established to assess the project. Allied
Indian NGOs pressured Indian authorities to stop project implementation during the
review. When they would not, civil society filed two petitions in the Indian Supreme
Court. They demanded that the SSP be stopped completely because of its fundamental
human rights violations of the people to be displaced, and because the social and
environmental costs were too high
158
. The court found that the fundamental rights of the
persons to be displaced had been violated and that international agreements on various
environmental issues had not been fulfilled. The Supreme Court ordered a freeze on
construction.
156
Ibid.
157
Ibid.
158
Ibid.
59
The case of the SSP shows the integration of human rights and environmental
concerns. Civil society played a large role in resisting the construction of the SSP and
drawing attention to the human rights and environmental violations. They garnered
international support and formed a transnational community to resist the project.
International NGOs worked with the domestic society to review the human rights and
environmental violations. The NGOs used two international organizations: the ILO and
World Bank. They used the violations of the ILO treaty to halt movement of the project.
They also drew attention to the failure of the World Bank to follow its own review
procedures. The increasing pressure from international agents caused the World Bank to
back out. In addition, as a result of the publication of human rights abuses and pressure to
ensure their protection, the World Bank strengthened its incorporation of human rights
and environmental impact in its review of projects in the future. Ultimately, the
continued resistance from civil society halted the project as they sought support from the
Supreme Court. The democratic political opportunity that the Indian citizens had access
to allowed the resistance movement to reach the international audience.
Today, India is a dangerous environment for human rights and environmental
activists. They are often subject to intimidation, harassment, and attacks for defending the
rights of others
159
. It is now common for those who criticize the state, its policies, and
actions to be labelled as anti-nationalist or as agents of western powers
160
. This greatly
hinders civil society as it makes citizens afraid to speak out unless their interests align
with the State. As a result, the international community may not be aware of human
159
CIVICUS. “India: Democracy Threatened by Growing Attacks on Civil Society.” CIVICUS, Nov.
2017, www.civicus.org/images/India_Democracy_Threatened_Nov2017.pdf.
160
Ibid.
60
rights and environmental abuses since there is no mechanism to speak out against the
State.
It is crucial to have an engaged civil society that can work with international
NGOs to effect change, as is seen with the SSP project. While working together, not only
are both domestic and international NGOs and civil society made stronger, but they are
more effective than when working alone and make the biggest impact.
Russia
Civil society in Russia is extremely restricted. The communist state hinders the
formation of civil society. Today, civil society engages only about one percent of the
country’s economically active population
161
! Yet, most Russians are generous and eager
to engage in community work
162
. The low level of civil society engagement is thus a
product of deeper sociopolitical forces that impede its development
163
. In the 1980s, the
political reforms by Gorbachev removed the Communist Party’s control of associational
life and created an environment for the growth of civil society organizations. The mutual
distrust between government officials and civil society leaders
164
, however, hindered the
formation of a vibrant civil society. Despite the 2005 establishment of the Public
Chamber of the Russian Federation, a state institution with consultative powers designed
to facilitate interaction between government agencies and citizenry, the distrustful views
161
Salamon, Lester, et al. Explaining Civil Society Development. Johns Hopkins University Press, 2017.
162
Ibid.
163
Ibid.
164
Ibid.
61
of the government’s role in civil society development persisted
165
. This mistrust is further
aggravated with the Foreign Agent’s Law of 2012.
Since 2012, more than thirty new laws and legislative amendments have been
passed that restrict personal freedoms
166
. After his reelection in 2012, Putin focused on
systematically constricting and marginalizing organizations and individuals who were
independent in their thoughts and actions
167
. The Russian leadership tightened controls
over civil society as they feared a grassroots coup like the ones that occurred in Georgia
and Ukraine. These restrictions discouraged citizens to participate in civic associations,
and created a weak institutionalization of domestic NGOs
168
. Russian NGOs, if active,
are inhibited in their work with laws and checks by the authorities. The strict restrictions
paralyze their ability to get anything done.
Russian authorities hinder and scare the citizens for criticizing the government
and pushing for change. Anna Politkovskaya, a critic of Putin and his Chechen policy
was murdered for speaking out against Putin and the government. In 2016, Human Rights
Watch additionally reported that Russia exemplifies the shrinking civic space. They
described that civic space for both individual and collective action has diminished
through legislative restrictions and targeted intimidation of critics
169
. This forces people
165
Ibid.
166
Human Rights Watch. “Laws of Attrition | Crackdown on Russia's Civil Society after Putin's Return to
the Presidency.” Human Rights Watch, 19 Oct. 2015, www.hrw.org/report/2013/04/24/laws-
attrition/crackdown-russias-civil-society-after-putins-return-presidency.
167
Voswinkel, Johannes. “Civil Society in Russia – Where External Support Is Vital.” Heinrich Böll
Foundation, Sept. 2016, www.boell.de/en/2016/09/13/civil-society-russia-where-external-support-vital.
168
Evans, Alfred B., et al. Russian Civil Society a Critical Assessment. Routledge, 2016.
169
Human Rights Watch. “Briefing on Shrinking Space for Civil Society in Russia.” Human Rights Watch,
24 Feb. 2017, www.hrw.org/news/2017/02/24/briefing-shrinking-space-civil-society-russia.
62
into self-censorship out of fear to speak out against the government. In addition, in 2016,
Russia passed Yarovaya laws to stifle dissent and repress opposition. These laws
extended the state’s power to control the internet and allowed them greater access to
users’ data
170
. Russia has also maintained strict control over the internet through both
legislation and executive actions of the state’s media and communications oversight
agency Roskomnadzor. Since 2014, Roskomnadzor has ordered internet providers to
block thousands of websites
171
. This clearly limits the information that citizens are able to
learn and read about. Russia seeks to limit civil society to solely the information it wants
them to know. As a result, there is not much, if any, civil society in Russia.
Russia has furthermore sought the suppression of domestic NGOs. Scared by the
active role NGOs played in the revolution in Ukraine and Georgia, Russian leadership
has tried to stifle and discredit local NGOs. Strong governmental controls exist in order
to ensure this. In 2012, Russia passed the Foreign Agents Law. This law requires that
NGOs who receive foreign funding and have any political activity enter a register of
Foreign Agents
172
. The register of Foreign Agents severely limits the credibility of NGOs
as they are seen as traitors and intruders. When the authorities saw that few organizations
entered the registry, the Ministry of Justice initiated a broad range of inspection. Many
received warnings or notifications of violations. In 2014, the law changed so that the state
could register domestic NGOs as Foreign Agents. Twenty-eight environmental NGOs
were labeled as Foreign Agents by the State. This classification makes it extremely
170
Ibid.
171
Ibid.
172
Naturvernforbudet. “Pressure Towards Russian Environmental NGOs.” Naturvernforbudet, Apr. 2017.
63
difficult for NGOs to continue the activities of their organization. Consequently, most of
the environmental NGOs decided to close down to avoid almost a year or more fighting
for survival
173
. These new laws thus make it difficult for civil society to flourish and
impede the ability of NGOs to act, if at all.
The effect of the Foreign Agent Law dramatically impacts NGOs who rely on
foreign funding to operate. The Russian government is adamant on keeping international
assistance to domestic society from operating in Russia. As a result, it is extremely
difficult for domestic NGOs to form, yet alone gain international support and funding.
Civil society cannot make international organizations aware of issues due to harsh
censorship and fear of potential death. These strict regulations severely limit civil society
and the ability for international NGOs to make a difference.
Conclusion
Civil society plays a large role in bringing awareness to issues and seeking the
support of international NGOs. International NGOs can highlight the violations occurring
in the target state and pressure the State for change. By making violations known on an
international sphere, States may lose funding or hurt their relationship with other States.
Consequently, they change their policies and focus on improving their human rights or
environmental violations. International NGOs can also bring legitimacy to domestic
NGOs and allow for change to continue to take place once a NGO alleviates pressure on
a state to change. As is seen, however, in order to be successful, the target state must also
want change. The target State’s control over civil society and its ability to form and
173
Ibid.
64
protest the government, plays a large role in the relationship civil society can have with
international NGOs. By censoring and making it harder for civil societies to form, human
rights and environmental issues may not be known at an international level and therefore
remain a domestic problem. It is important that international NGOs work with domestic
NGOs and civil society in order to be most effective and push for the most change.
65
Chapter 6: Accountability of Human Rights and Environmental
NGOs
Another important aspect of NGO effectiveness is accountability. To have the
most impact, NGOs must be transparent. They must share information about themselves
with governments, donors, staff, advisors, other relevant NGOs, and the public. This
helps to provide NGOs with legitimacy in the state and thus allows them to get their work
done most effectively as they are viewed as honest and trustworthy. NGOs must also be
responsible to the needs and aspirations of the community with which they are working;
this is especially important in impoverished countries that lack mechanisms for holding
NGOs accountable. While the ability to foster participation is seen as a strength of NGOs,
NGOs have to remind themselves that the domestic citizens should play an active role.
Thus, the citizens, rather than the NGOs, must select the leadership
174
. Stepping back to
allow citizen groups themselves dictate the agenda and develop structures that suit their
concerns is important
175
. International NGOs should thus be supportive of independent
action in societies where they work. A key component to accountability is participation.
If the leadership and objectives of a project are decided before the community can
participate, then it is not true participation and there is no accountability of the NGOs.
NGOs must therefore find a balance between being accountable to what the people deem
best for themselves and what the NGO and its donors deem best for the people
176
. In
particular, accountability by the NGOs to the community is important because unlike
174
Jordan, Lisa, and Peter van. Tuijl. NGO Accountability: Politics, Principles and Innovations. Earthscan,
2007.
175
Edwards, Michael. The Oxford Handbook of Civil Society. Oxford University Press, 2011.
176
Jordan, Lisa, and Peter van. Tuijl. NGO Accountability: Politics, Principles and Innovations. Earthscan,
2007.
66
government agencies, community aspirations do not have any form of coercive
mechanisms at their disposal.
Accountability of NGOs to both the State and community plays a large role in a
NGOs ability to act. Accountability helps both States and the community have faith in the
work that international NGOs are doing domestically. If a State lacks confidence in an
NGO, it may find ways to limit their work, or place restrictions on them, to make
enacting change more difficult. With trust, however, NGOs may be given more freedom
and autonomy from the State. A major concern over accountability is transparency in
funding. International NGOs obtain funds from various sources, but those funds do not
require that activities undertaken by the international NGOs be approved by the
communities they work in
177
. A government may, therefore, be more suspicious of NGOs
which are highly dependent on foreign funds as they do not know who they represent or
their motivation. To build a relationship and confidence with States, international NGOs
should disclose their motives so that they can work with the State to impact change.
International NGO accountability to civil society is also a key component to
ensuring NGO success. International NGOs need to disclose their mission to civil society
to establish trust and be held responsible to follow through on their commitments
178
.
Enhanced transparency also helps NGOs build up public trust, support, and capacity
through increased exchanges
179
. Positive perceptions of NGOs are found when the
177
Szporluk, Michael. “A Framework for Understanding Accountability of International NGOs and Global
Good Governance.” Indiana Journal of Global Legal Studies, vol. 16, no. 1, p. 339-361. 2009.
178
Kaldor, Mary. “Civil Society and Accountability.” Journal of Human Development, vol. 4, no. 1, pp. 5–
27, 2003.
179
Ibid.
67
citizens believe that an NGO is working to represent their wants and needs. On the other
hand, negative perceptions of NGOs are tied to issues of funding, which may cause
society to doubt the intentions of the NGOs
180
. When international NGOs gain the trust of
civil society they can work together to impact change, and domestic NGOs can continue
the work of international NGOs. This ensures that international NGOs will be held to
commit to their objectives. Therefore, to guarantee success, NGOs should work with
civil society on issues that are important to both the NGO and citizens.
Argentina
International NGOs in Argentina are not confronted with accountability issues.
Pablo Marsal, who is with the Asocación de Graduados de Organizaciones y Dirección
Institucional (AGODI), an association of graduates in the field management of NGOs in
Argentina, says that there is a widespread concurrence on the need for an agreement on
transparency
181
. Among large, well-funded organizations as well as grass roots
organizations, the importance of transparency is well understood. International NGOs
working in Argentina submit their annual report and balance sheets to the International
headquarters, which in turn is submitted to a global audit
182
. A reason that international
NGOs may not have run into accountability issues is because they are seen as
contributing to the actions of the State rather than independent bodies. Civic
180
Jordan, Lisa, and Peter van. Tuijl. NGO Accountability: Politics, Principles and Innovations. Earthscan,
2007.
181
Valente, Marcela. “Argentina: Civil Society Wants Transparency – For Itself as Well.”International
Press Service, May 2007, www.ipsnews.net/2007/05/argentina-civil-society-wants-transparency-for-itself-
as-well/.
182
Ibid.
68
organizations and NGOs stay on the sidelines of the political order bringing up new
issues to be processed by the political system and the state
183
. Due to their non-
threatening role to the Argentinian government, the NGOs have yet to be questioned and
pushed on issues of accountability. This in turn increases the legitimacy of NGOs and
strengthens the trust that citizens have in the NGO’s ability to accurately represent their
interests. As a result, civil society and international NGOs work together to enact change
and are stronger.
While International human rights NGOs may not face accountability issues in
Argentina that does not mean that the State is willing to comply with the changes that
they are seeking. As is seen in Chapter 4
184
with the blockage of NGOs from the WTO
summit and reluctance of Argentina to work with international NGOs, the Argentinian
government is only supportive and willing to work with international NGOs when their
interests align. A potential reason why international NGOs do not have accountability
issues in Argentina may be due to the fear of being barred if they are not transparent.
China
China exercises strict control over civil society and international NGOs; therefore,
China leaves no room for issues of transparency. The Chinese government has many
expectations that are embodied in a series of laws, regulations, rules and policies that
ensure NGOs are accountable
185
. Such rules include the Regulations on the Registration
183
Feinberg, Richard. Civil Society and Democracy in Latin America. Palgrave Macmillan, 2016.
184
See pages 25-26.
185
Jordanl, Lisa, and Peter van. Tuijl. NGO Accountability: Politics, Principles and Innovations.
Earthscan, 2007.
69
and Management of Social Organizations, the Regulations on the Management of
Foundations, the Law on Welfare Donations and the Law on Trusts. These regulations
hold that NGOs use the donations they receive to finance activities consistent with their
purposes, and make public the receipt, management and usage of donations
186
.
International NGOs in China do successfully reveal where their money comes from and
what it is being spent on
187
. This transparency allows the government to have faith in the
work of international NGOs and assures the government that NGOs are acting in
alignment with the government and their interests. In fact, international NGOs
strategically place themselves in poorer regions to appear less threatening
188
. This allows
them to cooperate with the government and gain the trust of the state in order to do their
job effectively. Thus, the government tries to account for all issues with transparency for
international NGOs in China and international NGOs recognize the role they need to play
to be accepted by the state. Although human rights and environmental NGOs face many
challenges in trying to enact change in China, it is not due to transparency issues.
Increased transparency by international NGOs in China has allowed civil society
to gain trust in them and collaborate. A concern that arises with international
organizations and funding level is if the amount of funding is appropriate at the local
level. Providing too much money may overwhelm the domestic community and is thus
not suitable. Part of accountability is interacting with civil society. International
186
Ibid.
187
Jordanl, Lisa, and Peter van. Tuijl. NGO Accountability: Politics, Principles and Innovations.
Earthscan, 2007.
188
Chen, Jie. “Transnational Environmental Movement: Impacts on the Green Civil Society in China.”
Journal of Contemporary China, vol. 19, no. 65, pp.503-523, 2010.
70
organizations need to support local NGOs and be realistic in what their funding will
achieve
189
. International NGOs in China have done exceptionally well in allowing the
autonomy of Chinese society and not pushing their agenda without regard to the needs of
the Chinese people. In many NGOs, there is a hierarchy of accountability which
guarantees upward and downward accountability
190
. At the international level, there is a
board of trustees; at the national level there is the Chinese government; and at the local
level there are the local bureaucrats and relevant stakeholders to the project
191
.
International NGOs are thus able to work with domestic NGOs and civil society to ensure
that their objectives align and are being carried out in a beneficial way for both parties.
Not only are the international NGOs accountable to the Chinese government but also to
the people. This has greatly contributed to the success of environmental policy changes
and explains why environmental progress continues once international pressure subsides.
The interconnectedness of all three aspects of society greatly contributes to the success of
the international NGOs in China.
India
NGOs are not believed to be transparent in India which has led to tighter
regulations and control by the government. NGOs are criticized about their style and
sources of funding, use of finances, and whether they are bringing about positive
changes
192
. Whether this is a valid argument, or an attempt to prevent human rights
189
Hasmath, Reza & Jennifer Hsu. NGOs in China: Issues of Good Governance and Accountability, Asia
Pacific Journal of Public Administration, 30:1, 29-39, 2014.
190
Ibid.
191
Ibid.
192
Pinto, Stanley G. “NGOs to Enhance Credibility.” The Times of India, 18 July 2003,
timesofindia.indiatimes.com/city/bengaluru/NGOs-to-enhance-credibility/articleshow/83425.cms.
71
NGOs from working in India is uncertain. India passed the Foreign Contributions
Regulation Act (FCRA) in 2015 to limit foreign funding from international NGOs. The
Indian government claimed to do this in an attempt to make NGOs more transparent. The
FCRA aims to hold NGOs accountable for how they spend the money from foreign
donations
193
. This regulation, however, has raised many questions as to whether the
FCRA is justified, or whether it is an attempt by the Indian government to silence
organizations that may differ in views. In their documentary on the Truth about NGOs in
India, BBC notes that even if NGOs in India are corrupt, they probably are less so than
the government
194
. While this is still worrisome, it is interesting to note that although
NGOs may lack transparency, the work that they are doing in trying to hold the
government accountable for human rights and environmental abuses may be seen as a
greater importance.
Nevertheless, international NGOs are trying to enhance their image in relation to
issues of accountability. A consortium of voluntary networks and organizations formed
the Credibility Alliance to ensure good governance in the voluntary sector in India.
Registered in 2004, the Credibility Alliance seeks to build trust among stakeholders and
norms of governance in India
195
. Greenpeace International, seeking to become more
accountable and credible publicly launched and endorsed the first Global Accountability
193
Doshi, Vidhi. “India Accused of Muzzling NGOs by Blocking Foreign Funding.” The Guardian,
Guardian News and Media, 24 Nov. 2016, www.theguardian.com/global-development/2016/nov/24/india-
modi-government-accused-muzzling-ngos-by-blocking-foreign-funding.
194
Little, Allan, director. The Truth About NGOs: India. BBC, 2012,
www.bbc.co.uk/programmes/p00mmn3s.
195
Credibility Alliance. “Services & Resources.” Accreditation for India - NGO, Credibility Alliance,
2018, credibilityalliance.org/.
72
Charter in 2006. The Accountability Charter sets out core values and operating principles
for international NGOs
196
. There are currently over 300 NGOs as members, which show
the Indian government the international NGOs commitment to increasing transparency.
It should also be noted, however, that in India, NGOs have had difficulty
matching their interests with that of the state
197
. If this is the case, NGOs may be pursuing
issues that civil society may not agree with or that India may not yet be ready to adopt.
This would delegitimize the goals of NGOs in India and show that they are working for
self-interests. There is a fine line with international NGOs between pushing for domestic
policy change in India due to violations of human rights and environmental norms and
pushing for the policy that an NGO wants and believes is best for India.
Russia
International environmental NGOs in Russia have been met with much scrutiny
by the Russian state as they are believed to lack transparency. As a result of the lack of
accountability, Russia imposes strict regulations to monitor NGOs. In 2005, the Foreign
Agent Law limited foreign funding in Russia. While controversial, Russia claimed that
this law was passed to increase transparency between NGOs and the State. There have
also been claims, however, that Russia imposed this law to limit foreign interference in
Russian affairs
198
. Whether there is a true cause for suspicion, or it is Russia’s attempt to
196
Greenpeace International. “Transparency and Accountability.” Greenpeace India, Sept. 2006,
www.greenpeace.org/india/en/about/our-core-values/transparency-and-accountabilit/
197
Randeria, Shalini, "Globalization of law: Environmental justice, World Bank, NGO's and the cunning
state in India," Current Sociology, 51, no. 3-4: 305-328, 2003.
198
Ridgwell, Henry. “Russia's Foreign Agent Law Has Chilling Effect On Civil Society Groups,
NGOs.” VOA, VOA, 24 Jan. 2018, www.voanews.com/a/russia-labels-media-outlets-as-foreign-
agents/4221609.html.
73
silence critics is unknown for certain. It is hard for international NGOs to gain credibility
as there is a choice to work with the state or with transnational actors
199
. These are strong
opposing choices, which contributes to a divide between civil society and NGOs. NGOs
cannot gain accountability and trust by the people when they are viewed as foreign agents
acting with foreign interests. Therefore, it is hard for NGOs to establish accountability
and legitimacy as the state is constantly undermining them. Even with full transparency,
the state’s control over its citizens undermines the NGOs, which makes it difficult for
them to do their job effectively, and delegitimizes them.
Conclusion
The cases of Argentina, China, India, and Russia show how difficult it is to affect
change in the human rights and environmental issues when there are concerns over
accountability. Strong hostilities from the state, make it extremely difficult to establish a
presence and for the work of NGOs to be carried out efficiently and effectively.
Accountability issues play a large role in how a state views an NGO and its ability to
affect change. NGOs in Argentina do not have transparency issues and work alongside
the government to try to enact change. Yet, their change is only accepted when their
interests align with the government. Additionally, NGOs in China do not have
transparency issues, but this is due to the tight control and restrictions that China places
on NGOs. The interconnectedness with NGOs in civil society, however, has allowed
citizens to gain trust in international NGOs and build relationships for them to work
together and enact change. In addition, while it is uncertain if there are true transparency
199
Greenpeace International. “Transparency and Accountability.” Greenpeace India, Sept. 2006,
www.greenpeace.org/india/en/about/our-core-values/transparency-and-accountabilit/
74
issues in India, the state has enacted countless measures to ensure accountability.
International NGOs have responded to such scrutiny from the government in a proactive
way, however, and tried to enhance transparency to build up credibility and interact with
civil society through the Credibility Alliance. Furthermore, Russia’s strong censorship
and skepticism of international actors have placed extensive burdens on international
NGOs and limited their ability to affect real change and form relations with civil society.
It can therefore be seen that accountability issues play a large role in building trust with
State and civil society. Increased relationships with civil society can help pressure a State
to change, but ultimately, NGOs are most effective when their interests align with those
of the State.
75
Chapter 7: Recommendations
There are many factors that help contribute to the success or failure of the work of
NGOs. It is important that once an NGO alleviates pressure for change, the state will
continue to carry through with improvements to human rights and environmental issues.
To have the most impact, it is critical that an NGO has the trust of both the state and
domestic society. The cases of Argentina, China, India, and Russia show the difficulty in
forming a cooperative relationship with states. They additionally show the symbiotic
relationship between NGOs and civil society. With increased domestic support, NGOs
are able to accomplish their goals with ease and ensure that change is able to persist once
an NGO relieves pressure. An important factor in building relationships with both a state
and domestic society is trust. When a state has trust in an NGO, it is given more freedom
and is able to enact change most effectively. Additionally, trust between civil society and
NGOs allows change to influence the most amount of people and encourages domestic
society to continue to push for reform without the insistence or help from international
NGOs. The best way trust can be built is through transparency. Therefore, to be most
effective, NGOs should focus on accountability.
Increased transparency seems to be the best way for NGOs to build relationships
with both a state and civil society. Trust provides a way for governments to have
confidence in the work of NGOs and believe that they are not working to undermine
them. A main issue that governments have with NGOs is that they are unaware of their
true intentions. This causes states to be weary of the work of NGOs, and as a result, states
may work to hinder or limit the role that NGOs can play. Trust within domestic society
allows for collaboration with NGOs, which helps provide the most effective outcomes in
76
the long run. Revealing true intentions would again foster more confidence in the work
that international NGOs are doing. NGOs should therefore work to build relationships
with civil society to keep them engaged and involved in every step of the process. This
allows for channels of communication and would be the best way to connect society with
the changes that need to occur.
Continuing to commit to accountability Charters is one way that NGOs can help
to enhance their transparency. The 2006, International NGO Accountability Charter, now
called Accountability Now, is a great way for NGOs to self-regulate and gain trust
worldwide. NGOs need to ensure that they are prioritizing the State over the desires of
donors. Publicizing plans and increasing transparency would provide a guarantee that
NGOs will follow through on the intended plan and do not seek ulterior motives. Thus,
greater accountability would ensure greater trust and allow an NGO to work more
efficiently to effect change in domestic society.
Argentina
Argentina still faces long standing human rights abuses. Although recently it has
taken measures to hold itself accountable for human rights violations, it still has a long
way to go. International NGOs are therefore necessary to call attention to and stop human
rights abuses. Argentina has not cooperated, however, with international human rights
NGOs. The Argentine government works with international NGOs when their interests
align, but otherwise is very hostile towards NGOs. The reason for the hostile relationship
is not clear. Yet, it probably has to do with preserving its sovereignty. Argentina has
deterred the formation of a vibrant civil society because of tensions between citizens
when interests do not align. Argentina thus seeks to control the state and does not like
77
others interfering with its policy. International NGOs, who publicize and sometimes
humiliate Argentina therefore infringe on the sovereignty of Argentina. Going forward,
international NGOs should try to work with the Argentine government before
immediately pushing for change and publicizing violations of human rights abuses. In
doing so, the Argentine government may not feel pressure to immediately change their
ways, and can ease in to the process, believing that it is their idea, and not at the
insistence of the international community and NGOs.
China
China also still has grave human rights and environmental violations. China seeks
to act on domestic policy changes when its interests align with the work of international
NGOs. Since China does not want to improve its human rights, in follow-up reports,
abuses of human rights are still seen, despite NGO pressure. Coupled with a weak civil
society, affecting domestic change with human rights abuses in China remains difficult.
The strict regulations and mechanisms in China allows it to control the state, and monitor
international NGO involvement in China. Its authoritarian regime restricts international
NGO’s ability to act and civil society’s formation. To improve human rights in China, the
state must recognize their importance. International condemnation may help pressure
China to stop its violations, but ultimately, China needs to desire change.
Environmental NGOs have had more success in China as the government views
them as beneficial. China believes that it needs the help of environmental NGOs and
therefore has established a stronger state-NGO relationship than those with human rights.
Since the interests of environmental NGOs and China have aligned, they have been able
to push China to change its domestic policy. Although civil society for environmental
78
protection is not as large and cohesive as it could be, it still allows for collaboration with
international NGOs, which helps pressure China to change its ways. In order to continue
to be effective in the future, international environmental NGOs should continue to work
with domestic society and make China aware of the importance and necessity of
environmental issues to make China recognize the need for environmental protection.
India
India still needs to focus on human rights and environmental protection as well.
International human rights and environmental protection NGOs have a hostile
relationship with the state. India does not want international NGOs interfering in its
domestic affairs, as it does not trust them. It is not just international NGOs, however, as
India has censored its own civil society when citizens speak out against or condemn the
government. India therefore has sovereignty issues and wants sole control over the state.
In order to be more effective in the future, international NGOs should put an emphasis on
accountability and transparency, so as to build a healthy relationship with the state. The
trust that India has with WWF, has allowed it to affect domestic policy and granted them
autonomy from the State. International NGOs should further seek to work with and
engage with civil society because as seen with the blockage of the SSP project, civil
society can play a large role in enhancing the work of international NGOs.
Russia
Russia also needs to ensure a greater protection of environmental issues. Russia
continues to degrade its environment, with no effort to change its policy or take
accountability for its role in environmental deterioration. International environmental
79
NGOs have pushed for change, but have only achieved success when the international
community pressures Russia. International NGOs in Russia also face accountability
issues. Since Russia does not trust them, they have passed regulations that make the
international NGOs mere presence in Russia difficult. Coupled with the fact that civil
society is led to believe that international NGOs are foreign agents, international NGOs
cannot rely on civil society to help them promote environmental policy change. In order
to be effective in the future, NGOs should try to increase transparency, but more
importantly, should publicize Russian infractions and hope that the international
community will pressure Russia into changing its ways.
Conclusion
As is shown in the case studies of Argentina, China, India, and Russia, the ability of
NGOs to affect change increases when State-NGO relations are strong, civil society is
active, and NGOs are accountable to both the State and citizens. Table 1 summarizes the
relationship each State has with these factors. It has also been show how crucial State
support is in strengthening these factors. Ultimately, in order to affect change, a State
must both recognize the importance of the human rights and environmental rights and
seek to change its policy.
80
Table 1:
State-NGO
relations
Civil Society
Accountability
Argentina
Weak with
improving
relations
Weak
Strong
China
Environmental:
Strong
Human rights:
Weak
Environmental:
Moderate
Human rights:
Weak
Strong due to
Chinese
regulations
India
Environmental:
improving
relations
Human rights:
weak
Environmental
and human
rights: weak
Mixed: The State
views them as
weak, but NGOs
are trying to
improve their
credibility
Russia
Weak
Weak
Weak because
the State believes
that they lack
transparency
81
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