The Role of Amnesty International in the Promotion and Protection of Human Rights
Chapter One
Significance of the study
As a result of the Ethiopian Amnesty International law many Amnesty Internationals were compelled, either to shut down altogether or revise their missions and objectives. By underlining the role played by Amnesty Internationals and taking the Ghanaian regulatory framework as an example, this study aims to show the impact of a restrictive legislative and regulative framework. Moreover through consulting international human rights instruments and guidelines developed by different stakeholders, the study will try to show a direction towards enabling legislations regulating Amnesty Internationals. Since the CSP was introduced only recently a comprehensive literature dealing with its implication on the role played by Amnesty Internationals in the protection of human rights is scanty. Therefore, this study intends to contribute to filling in this gap with a comprehensive research on the nature and effect of regulatory mechanisms regulating Amnesty Internationals in other African countries specifically Ghana.
Chapter Two
LITERATURE REVIEW
Introduction
NGOs are a vital part of the overall human rights regime. They contribute significantly to standard setting as well as to the promotion, implementation and enforcement of human right norms.36 They alert duty bearers to live up to agreed standards and empower right holders to demand the same. NGOs all over the world have achieved a lot in their endeavor to promote and protect human right norms and values. In this chapter, an attempt will be made to make a case for the indispensability of NGOs in furthering human right values at every level of society and in particular, at the national level. Moreover, given the fact that human rights are well protected in a democratic system where the principles of good governance are upheld, the role of Amnesty Internationals in reinforcing these elements will also be discussed.
Human rights NGOs
Working at the international and national level NGOs function as unofficial ombudsmen safeguarding human rights against governmental infringements…37
According to Wiseberg human rights NGOs are ‘those private associations which devote significant resources to the promotion and protection of human rights, which is independent of both government and political groups that seek direct political power…’38It is also possible to use the term ‘human right defenders’ interchangeably for such type of NGOs.39
Steiner & Alston (n 35 above) 939.
37 DW Broadt & J McCarthy ‘Fact finding by international non-governmental human rights organisations’ (1981) 22 Virginia Journal of International Law 1-2.
38 L Wiseberg ‘Protecting human rights activists and NGO’s’ (1991) 13 Human Rights Quarterly 529.
39 ‘Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms’ General Assembly Resolution 53/144 of 9 December 1998. . The Declaration contains a broad category of actors that could be considered as human right defenders including any person or group of persons working to promote human rights.
Hegarty describes the unprecedented growth in number of NGOs, their number of activities and their influence with governments and international bodies as ‘the most striking feature of the human rights field in the latter half of the 20th century.’40 Among the different factors which brought about this change were the increased world focus on human right issues and the number of international human rights instruments adopted after the Second World War. The plethora of monitoring mechanisms instituted under the different human right treaties and the space created for the involvement of NGOs explains the prominent feature they have managed to attain in the international human rights arena. The role played by NGOs in the promotion and protection of human rights at different levels of the human rights regime now falls to be discussed.
CHAPTER THREE
REGULATORY MECHANISMS AND THEIR EFFECT ON THE WORK OF AMNESTY INTERNATIONALS
The duty to protect
Though there are many factors that might influence the health, vibrancy and sustainability of Amnesty Internationals, the direct impact of the legal framework under which they operate is indisputable.125The primary aim of legislation to provide for the regulation of Amnesty Internationals should be to ensure and protect rights and fundamental freedoms enshrined in the different international and regional human rights treaties and individual constitutions.126
Amnesty Internationals are founded on the principle that citizens have the right to associate freely.127 Accordingly the most relevant right and fundamental freedom for the purpose of establishing a Amnesty International is the right to freedom of association. Other rights such as the right to freedom of expression and assembly are indispensible in guaranteeing a healthy working environment for Amnesty Internationals. However in the course of this study, the discussion is focused on the right to freedom of association and the other two rights will be referred to in passing and only as a matter of necessity.
CHAPTER FOUR
AMNESTY INTERNATIONAL CAMPAIGNS AND THEIR IMPORTANCE IN INTERNATIONAL RELATIONS
Amnesty International as a protector of human rights all over the world campaigns and organize public demonstrations in order to promote and protect human rights. That through its membership worldwide campaigns to stop torture and promotion of safety, for the protection of women, the abolition of the death penalty, to control the use of weapons for the protection of refugees, protection azilcite victims protection campaign from poverty and others.
CHAPTER FIVE
CONCLUSION
Amnesty International as massive international organization for the protection of human rights on December 10, 2008 together with all human rights advocates celebrated the 60th anniversary of the adoption of the Universal Declaration of Human Rights. Universal Declaration set the basic principles for the protection of human rights at the heart of all international organizations that fight for the promotion, protection and realization of human rights. It cause significant progress in human rights, creating international standards for human rights, laws and institutions have improved thanks to which many lives anywhere in the globe today and after 60 years there are still violations and abuses of human rights and therefore Amnesty International its latest report, which he called “60 years of human rights failure – governments must apologize and act now,” appeals to governments and world leaders requiring them to apologize to the 60 years of human rights failure and inability to argue for specific improvements. It urged them to take concrete steps to solve problems, not just to celebrate the Universal Declaration of Human Rights. The 2008 report of Amnesty International about the state of human rights in the world begins with the words: Human Rights in Darfur, Zimbabwe, Iraq and Myanmar demand immediate action. Injustice, inequality and impunity marks world today. Governments must act now to stop staring space between promises and realized. The report shows that 60 years after the adoption of the Universal Declaration of Human Rights by the United Nations, people are still tortured and ill-treated in at least 81 countries, face unfair trials in at least 54 countries and are not allowed to speak freely in at least 77 countries. According to Amnesty International 2007 was characterized by the inability of Western governments and the unwillingness of the authorities to urgently acceptance of some of the worst human rights crisis worldwide, ranging captured trenches erupted into inequalities in living millions. Amnesty International warned that the most intimidating and threatening the future of human rights is the absence of a shared vision and joint lead. According to Amnesty International 2008 is the year which is a favorable opportunity for the coming to power of new leaders and new leaders principles are emerging on the world stage and to set up a new government that should act chaotic policies and practices that in recent years has made the world more dangerous and separated place. It prompted governments to set up a new headquarters for joint leadership based on the principles of the Universal Declaration of Human Rights. The report 2008 Amnesty International specifically warned that world leaders are able to refuse, but their failure to act has a high cost. As is the case with Iraq and Afghanistan, human rights problems are not isolated tragedies, but more like viruses that can infect and spread very quickly and not to endanger us all. Governments today must demonstrate compliance in outlook, courage and determination principles 60 years ago, led the United Nations to adopt the Universal Declaration of Human Rights. More growing demands of the people for justice, freedom and equality, so people will be angry and will not be quiet, not silent as world leaders ignore their pleas for help.
References
- A review by AfriMAP and Open Society Initiative for West Africa Ghana, Democracy and Political Participation (2007) Johannesburg: The open society initiative for West
- Bondzi-Simpson,PE (1998) Company law in Ghana Accra: Methodist book
- Viljoen,F (2007) International human rights in Africa Oxford: Oxford University
- Joseph, S; Schultz, J & Castan, M (2000) The International Covenant on Civil and Political Rights:cases, materials and commentary Oxford: Oxford University
- Grandvaux, YM;Welmond, M & Wolf, J (2002) Evolving partnerships: The role of NGOs in basic education in Africa Washington, DC: Support for Analysis and Research in Africa (SARA) ProjectAcademy for Educational
- Wyatt, M (2004) The central and eastern European working group on non profit governance: – Ahandbook of NGO governance European Center for Not-for-Profit Law: Apáczai Csere János.
- Irish, LE; Kushen, R & Simon, KW (2004) Guidelines for laws affecting civic organisations New York :Open Society
- Steytler,N; Murphy, J; De Vos, P & Rwelamira, M (1994) Free and fair elections Cape Town:
- Reif,LC (2004) The ombudsman, good governance, and the international human rights systemBoston: Martinus Nijhoff Publishers.
- Herbert, R & Gruzd, S (2008) The African peer review mechanism: lessons from the pioneers Pretoria:Lesedi Litho