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Joy in the Present
      

1994

NGOs and Civil Society: Some Realities and Distortions

the challenge of "Necessary-to-Governance Organizations" (NGOs)

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Part A of this paper appeared in a paper previously presented under the title Policy Options for Civil Society through Complementary Contrasts to a Seminar on State and Society at the Russian Public Policy Center (Moscow, 6-8 December 1994) under the auspices of the Council of Europe. Published in Transnational Associations, 47, 1995, 3, pp. 156-180

Introduction
A. APPROACHES TO CIVIL SOCIETY
1. Possibilities of the legal approach
2. Effective functioning of society
3. Efficiency and effectiveness approach
4. Economic approach
5. Political approach
6. Social approach
7. Psycho-cultural approach
B. CONTRASTING FORMS OF "NONGOVERNMENTAL ORGANIZATION"
1. Consultative relationships
2. Consultancy relationships
3. Public information programmes
4. Conference participation
5. Transnational corporations
6. Press and media
7. Consultative status NGO conferences
8. "Fundamentalist" NGOs: citizens movements
9. Humanitarian NGOs
10. Field-level NGOs
11. Semi-autonomous organizations
12. Staff associations in intergovernmental institutions
13. Voluntary associations: the third sector
14. Cooperatives and mutual aid societies
15. Philanthropic foundations
16. Trade associations and cartels
17. Lobbies
18. Political parties
19. Elitist, secretive clubs
20. Secret societies
21. Religious orders and cults
22. International crime rings
23. Terrorist groups and liberation movements
24. Legally established international NGOs
25. Informal organizations and networks
26. Electronic organizations: Internet
27. Transnational social movements
28. International communities
29. Hybrid (or mixed) organizations
30. "Self-defined" organizations
C. IMPLICATIONS
1. Desperate oversimplification: butterfly catching
2. The mythical ideal "NGO"
3. Multiple legal forms
4. Organizational apartheid
5. What's in a name?
References

Introduction

As with the concept of "culture" itself (Kroeber and Kluckhohn, 1952), it is a basic mistake to assume that the concept of "civil society" is understood in the same way, whether between cultures or within any culture. Robin Guthrie (1994) clarifies the distinction from Anglo-Saxon and French perspectives. Its value may even derive in part from the ambiguity associated with the term as admirably explored by Keith Tester (1992) and Paul Ghils (1992).

A wide variety of modes of association into groups is a reality for some. But social and individual development is not necessarily believed to require the existence of many of them, especially the less common. The nature of the development of individuals and groups to some form of maturity through a variety of social contexts has not yet been effectively defined. And for many, the degree of individual suffering in the world renders quite absurd any discussion of development within society that does not concentrate on basic human needs. For some cultures and perspectives, however, it is the failure to cultivate the possibility of association in its many forms which reinforces the ills engendered in the world.

The purpose of this paper is to explore ways of moving beyond the limitations of the many particular ways of discussing "civil society". It endeavours to identity broader issues of relevance to public policy formulation in response to the challenge of "civil society" to governance as indicated by Yehezkel Dror (1995).

One of the difficulties is that "civil society" itself is discussed through a variety of terms whose partial equivalence has not been effectively explored. These include: nongovernmental organizations (NGOs), voluntary associations, nonprofit sector, not-for-profit sector, charitable organizations, benevolent societies and third sector. Depending on who uses these terms, they may, or may not, include bodies such as labour unions, trade associations, professional societies, or legally unrecognized (and even illegal) bodies such as cartels and crime rings. In many cases it is not what a particular approach includes that is as significant as what is effectively excluded and why (Judge, 1994), as shown in Table 1.

Many modern protagonists fail to recognize that the debate about the nature of "nongovernmental organizations" (NGOs) has been in progress since the beginning of the century. Many of the points concerning the relationship between governmental and nongovernmental organizations have been made many times over -- some of them over a period of decades.

There is therefore merit in reflecting on the collective ability to process these questions in new and fruitful ways. There is a sense in which it is in the interests of many to avoid clarity and conclusion and simply to perpetuate the discussion. And there is the continuing interest of others to arrive at simplistic solutions if possible. The debate is complicated by a degree of unwillingness to recognize some weaknesses in the present arrangements.

Times have changed in that the credibility of all international institutions and programmes is questioned to a greater degree, notably in the case of the United Nations. There is increasing scope for organizations to act independently, especially when any form of collaboration with other bodies, and especially the United Nations, is fraught with unproductive dynamics that constitute an unreasonable drain on resources.

The purpose here is to attempt briefly to indicate the range of contexts within which the debate on "nongovernmental organizations" takes place and which give it different emphases and flavours. It is too readily assumed that the truths emerging from one such context are applicable or relevant to others. "Nongovernmental organization" continues to escape simplistic definitions.

A. APPROACHES TO CIVIL SOCIETY

1. Possibilities of the legal approach

It might be assumed that the most straightforward approach to "civil society" is through the legal provisions made for civil action and especially in relation to freedom of association. The challenge for Russia would then be seen as one of adjusting in some way to the criteria defined in this way, as suggested by Table 2 . But even "freedom of association" tends to be understood in international law primarily in terms of the right of workers to assemble and form labour unions as defined by an ILO Convention.

This approach would involve a review of national legislation relevant to associations and collective civil action. This is no easy task. The most useful collection, covering the European Union countries plus Switzerland, is that of Elie Alfandari (1990). A second part comments on developments in European Community law in relation to associations. A comparative study of national legislation regarding non- profit organizations in European countries has been made by Carl Hemström (1990). A useful brief review of the differences appears in a report by N Fontaine (1986) in relation to the European Parliament's initiative towards a resolution on such bodies. This has been superseded by the work of the Commission of the European Communities (1992) towards the definition of a "European association". This currently takes the form of a proposal for a programme of work "to assist cooperatives, mutual societies, associations and foundations" (1994).

These efforts are the culmination of a long history of some ten initiatives, dating from 1912, to clarify the legal status of international associations. These are summarized, with texts, in a study by the Union of International Associations (1988) which has been involved in several of them. Of these initiatives, only the Council of Europe's European Convention on the Recognition of the Legal Personality of International Non-governmental Organizations has as yet come into force (in 1991, currently with seven signatures).

Clearly the efforts to define or recognize a European or international association call for the clarification of criteria which may be considered to largely define the nature of civil society, independently of its purely civil and human rights aspects. It may be assumed that in the absence of any systematic comparative review of national legislations in this regard, that the points raised in the international texts are effectively efforts to summarize and harmonize whatever shared understanding there is.

From this perspective there is therefore merit in a systematic comparison of the different initiatives towards international legal recognition of what effectively amounts to a "Western" attempt to define such civil activity in its associative dimension. An issue-by-issue comparison of these initiatives forms part of the study (by this author) for the Union of International Associations (1988) and appears in tabular form (Appendix 3.8). Included in this comparison is the ILO Convention Concerning Freedom of Association and Protection (in force July 1950), and the proposed statute for European Commercial Companies.

A similar approach could be taken by identifying relevant articles in the various human rights treaties. As an experiment, in order to broaden the basis for discussion, it is even possible to use the Universal Declaration of Human Rights as a template to construct a set of articles relevant to human organizations (Judge, 1971).

Such efforts are undoubtedly necessary and will be a principal focus of other papers at this seminar. But, as Guthrie and Ghils have shown, it is questionable whether they are sufficient to clarify the nature of "civil society", especially where there are concerns about the effective functioning of society. There is always a danger of relying on legislation which emerges from unfortunate compromises or whose implementation is inadequate or lends itself to distorting misinterpretations -- as has proven to be the case with regard to approaches to legal recognition of international NGOs. Nina Belyaeva (1994) makes the point that it is not any single law which can meet the challenge in Russia, but rather there is need for a "whole package of laws, each designed to solve its concrete problem." But to that requirement she adds the additional conditions:

  • Adequate quality of laws designed to meet concrete needs of society in its different forms
  • Close correspondence of laws, not only as to their meaning, but also to the accuracy of legal wording.

There are however dangers in relying too much on legal initiatives especially when democratic pressure for such legal structures must emerge from widespread understanding based on quite different perspectives. Legislation can contribute to the reinforcement of that understanding, but it cannot evoke it.

2. Effective functioning of society

In his exploration of Civic, civil or servile?, Robin Guthrie (1994) defines Civil Society as:

It is what citizens do together in their own right at the bidding of no higher authority, for the common good, and apart, generally speaking, from direct party political affiliation or alignment. The civil society is not concerned primarily with power, although it may be ranged against the excessive concentration or abuse of power in any quarter.

Beyond the purely legal criteria, Daniel Siegel and Jenny Yancey (1992, p. 15) comment on the potential for creating a deeply rooted network of organizations and institutions that mediate between the citizen and the State: the connective tissue of a democratic culture. Such organizations are seen as serving several essential functions:

  • Providing a means for expressing and actively addressing the varied and complex needs of society
  • Motivating individuals to act as citizens in all aspects of society rather than bowing to or depending on state power and beneficence
  • Promoting pluralism and diversity in society, such as protecting and strengthening cultural, ethnic, religious, linguistic and other identities
  • Creating an alternative to centralized state agencies for providing services with greater independence and flexibility
  • Establishing the mechanisms by which governments and the market can be held accountable by the public

They recognize as a major challenge the need to create legal and fiscal structures to regulate and support what is increasingly being referred to as the "third sector". It can however be argued that the legislation in many Western countries, and especially in developing countries, is not especially supportive of such organizations (Judge, 1976). This derives from a continuing debate over the relevance of the third sector to particular social and other issues and to government initiatives in relation to those issues. This ambiguity, often between (and even within) government ministries, is also reflected at the international level, notably amongst United Nations agencies and their departments.

It is clear that associations are often effectively used as partners by some government agencies. It is also clear that the nature of this relationship, and those it benefits, is continually challenged by both sides. Perhaps the most valuable recent evaluations from the United Nations side are the Report of the Secretary-General (1994) and of the Joint Inspection Unit (1993) -- both of which can usefully interpreted for insights on the challenge at the national level, despite the best of intentions. Issues include (Judge, 1976):

  • Fiscal support or handicaps, of associations and their personnel;
  • Politicization, by government cooptation (or as front organizations), or in opposition to government initiatives;
  • Conflicting interpretations of civil rights;
  • Fraudulent practices both by associations and by government agencies supporting them (including collusive practices);
  • The nature of unacceptable association objectives and practices (including the challenge of sects);
  • Conflicting perceptions of the role of nonprofit bodies, notably perception of them as propaganda vehicles for government campaigns;
  • Development of patterns of privilege and collusion between certain associations and agencies;
  • Human rights issues raised by associations with restrictive membership (whether by religion, gender, age, education, ethnic origin, or other criteria);
  • The nature of membership and other relationships to international associations (headquartered elsewhere), especially with regard to programmes defined elsewhere;
  • The ability to provide secretariat facilities for international associations with members in other countries, receiving funds from them, and distributing funds to them;
  • The nature of any partnership between associations and government agencies.

It is also clear that a multitude of associations are created and develop quite independent of any reference to government initiatives and support -- and often despite subtle efforts to undermine or handicap them. They provide a vehicle for individual expression, as exemplified by sporting and recreational bodies. Despite opposition from certain Western perspectives, Guthrie quotes Ralf Dahrendorf's, view that in a certain sense civil society sustains itself and does not seem to need the state.

It can be argued that the ongoing debates on these issues are in fact themselves a crucial feature of the nature of civil society. Its nature is then as much defined by the questions that are continually being raised as by the particular answers that are sought and found at any one time, in any particular country, or in relationship to any particular issue or government department.

3. Efficiency and effectiveness approach

Following from the above, and irrespective of the approaches outlined below, there has emerged a tendency to explore the significance of associations in terms of their efficiency or effectiveness. This approach is naturally favoured by government agencies which have some responsibility for the allocation of subsidies to associations. The argument is that unless an association is efficient or effective according to government-established criteria, then it is irrelevant to government action. A particularly tough review of charities in the UK was completed from this perspective in 1994.

Whilst this approach has its place in the allocation of scarce funds, its limitations are apparent when the significance of an association is not captured by simplistic management criteria. From the perspective of their members, and even for those they may serve, many associations operate quite "satisfactorily" at a high level of "inefficiency". Especially when such bodies make extensive use of voluntary personnel and borrowed facilities, they are able to accomplish a great deal. It is often the case that obsession with criteria of efficiency and effectiveness is specifically rejected by voluntary associations sensitive to other features of civil society.

4. Economic approach

Efforts to establish the relevance of nonprofit associations have long been marked by a purely economic perspective. Early thinking amongst intergovernmental development agencies, notably the World Bank, UNDP and OECD, discounted NGOs as of marginal significance to national development. This reinforced national government biases.

With the recognition by UNICEF of the inhuman consequences of "structural adjustment", the role of NGOs in alleviating such "anti-social" effects has been increasingly recognized, especially at the grass-roots level. Recent humanitarian crises in a number of countries, have dramatized the role of NGOs prepared to act under circumstances which forced United Nations agencies, including military forces, to withdraw. Less dramatic examples have been documented in industrialized countries.

The approach of the European Union is still heavily, if not exclusively, marked by the economic perspective. The above- mentioned proposal in the Community for a multi-annual programme of work for cooperatives, mutual societies, associations and foundations (described therein as "enterprises") is justified solely by economic arguments:

  • "Whereas cooperatives, mutuals and associations occupy a significant place in economic activity in general and in the development of regions..."
  • "Whereas the development of Community policy for cooperatives, mutuals and associations, based on effective competition, is of major importance in terms of boosting the competitiveness of the European economy, job growth, economic and social cohesion in the Community, the further enlargement of the market after 1993, and the development of cooperation with certain non-member countries;"

Decisions at the national level with regard to support for nonprofit associations of any kind are almost solely based on economic criteria -- with their contributions to social welfare being treated in this light as well.

Thinking within United Nations agencies continues to be heavily influenced by the potential relevance of NGOs for development -- itself narrowly defined. Repeated efforts are made to seek proof of this, despite continuing evidence of a remarkable growth in the number of associations, both locally, nationally, regionally, and internationally. Individuals and associations have not been influenced by government efforts to question their relevance to broader and changing understandings of development (as documented, for example, in the UIA's Encyclopedia of World Problems and Human Potential)

Ironically, it is the travel and tourism sector that has least difficulty in recognizing the economic importance of associations and is most interested in promoting their activity. When a large international association holds its meeting in a particular city, bringing together thousands of members from many countries, the economic impact in terms of hotel, travel and tourism is unquestioned -- leading to vigorous efforts to construct congress centres to profit from this opportunity. The Olympic Games is perhaps the most extreme example. However in 1993 there were some 10,921 international meetings (as registered in the International Congress Calendar published by the Union of International Associations) of which 9,227 were not organized by intergovernmental organizations (and of these 6,547 were organized by international NGOs). The number of meetings at the national level is many times greater.

5. Political approach

The role and relevance of nongovernmental associations has long been questioned from a political perspective, even prior to the stress on their economic role. International recognition of this role was first formally recognized through Article 71 of the United Nations Charter although some recognition of their importance had been accorded by the League of Nations. The political impact of organizations such as Amnesty International and Greenpeace requires no comment. The role of bodies like the Club of Rome (Dror, 1995) in helping to frame the challenges of governance at all levels of society is also unquestioned.

Political science as a discipline is concerned with the acquisition and use of power, notably in relationship to the governance of society. The associated discipline of international relations is concerned with equivalent phenomena at the international level, especially with regard to foreign relations. Nongovernmental organizations have traditionally been of marginal interest from these perspectives because they are considered inherently less powerful than the governments with which these disciplines have been obsessed. International organizations when studied at all are considered an extension of the interest in national foreign policy, leading naturally to a focus on intergovernmental organizations. International NGOs, when studied at all, tend to be viewed through a very limited number of fashionable case studies, notably those on the Red Cross. They have been obliged to take account of transnational corporations once it was demonstrated that their effective power far exceeds that of many nation states. Liberation movements and terrorist groups have also necessitated new thinking.

Despite their recognition of the political power of "lobbies" at the national and international level, practitioners of these disciplines consider NGOs to be essentially irrelevant as serious actors in the fields which they study (Judge, 1977). Many of the lobbies are however institutionalized as associations and NGOs. Ironically political scientists, like lawyers, have themselves created national and international NGOs to represent the international interests of political science and international studies -- but apparently without any concern for the relevance or significance of such organizations according to their own criteria.

Through their obsession with power and influence, and a simplistic approach to the complex ecosystem of nongovernmental organizations, political scientists have reinforced the inability of the international community to appreciate how influence is systematically articulated on global issues. Whether at the national or the international level, there is a misguided attempt to demonstrate that NGOs follow the guidance of governmental organizations. On most, if not all, issues it can however be shown that NGOs functioned as look-out institutions warning of problems which governments then reluctantly considered, after as much delay as possible. It is indeed correct that NGOs may then follow the guidance of government organizations, and indeed some may only be capable of following such guidance. But governmental organizations have proven quick to drop issues that can be treated as too controversial or of lower priority. NGOs again then serve to maintain a focus on such issues until those institutions are again prepared to consider them.

Political scientists have also been naive in their treatment of democratic systems as any assessment of the number and quality of studies on corruption in its many forms will show. Prior to the Italian "clean hands" campaign, there were almost no published studies of corruption in democratic societies -- in comparison with a plethora of studies on other topics which can now be seen to be irrelevant by comparison. As suggested elsewhere (Judge, 1994), even criminal networks can be usefully treated as "nongovernmental organizations". Their influence internationally, notably with respect to the illegal drug and arms trade, should have triggered interest on the part of that discipline. Instead it has reinforced a "candy- floss" (pre-Watergate) image of the civil society and its democratic processes -- with a naivety which the current evolution of democracy in Eastern European countries has admirably highlighted. Beyond that one might ask what studies have been undertaken on the power of elitist clubs and secret societies to influence the course of events.

The theoretical interests of political scientists, and the attention accorded to them within the international community, have served to obscure the significance of the continuing proliferation of nongovernmental organizations which have no desire to seek power. Their concern is to articulate their members interests in many fields of human activity, whether it be recreation, science, the arts, religion, or the like. All this political science has served to disparage at a time when international community building and the articulation of values is increasingly perceived as a major issue. The late interest of the discipline in transnational social movements merely serves as a reminder that this discipline's strengths lie in offering explanations about the past not in guiding the evolution of the future and the institutional arrangements required for it.

6. Social approach

The social sciences concerned with other features of associative activity have been remarkably slow in developing interest in this centuries-old phenomenon (cf Dominique Colas, 1992). But the dramatic increase in the numbers of such bodies (Guthrie cites 54,000 associations created in France in 1987, and 4,000 charities created each year in the UK). At the international level the number of NGOs, in which such bodies may be represented, continues to increase as documented in the Yearbook of International Organizations edited by the Union of International Associations. The number of country-to-international NGO links increased from 24,136 in 1960 to 126,655 in 1994.

At the national and local level, associations have come to be seen as part of the community building process, whether it involves social welfare, philanthropic, recreational or other interests. So many associations have been created in response to concrete social needs that since the end of the 1970s social scientists have been obliged to focus on them, or themselves be found to be irrelevant in their understanding of contemporary society. This has lead to the emergence of an academic specialization termed "third sector research".

Such voluntary associations are of course "nongovernmental organizations". Many may be referred to as "NGOs" in other settings. However as voluntary associations they tend not to include other bodies known under the NGO label. Thus it is questionable whether professional, labour, trade, academic or special interest groups would be included as voluntary associations in any "third sector" focus on "NGOs". Third sector research is noteworthy for its total lack of interest in the international NGOs (of which those they study are often members), whatever that might mean within that research framework. However there is much interest in cross-national comparisons of voluntary associations emerging in different countries. The key question is always what is excluded under any label such as "nonprofit" or "NGO".

With rare exceptions, the social sciences, as reinforced by UNESCO (which has a mandate in this area), have never been able to treat nongovernmental organizations as a phenomenon in their own right. Consequently there is no sense of the variety of organizations falling under this label or of the complex social (eco)system which they constitute. Ironically most of the social sciences are admirably represented through a whole range of international NGOs reflecting their various disciplinary concerns. Such bodies have never considered the social function or setting of what they are.

Such attitudes have prevented the emergence of any understanding of what this rich pattern of thousands of organizations represents for the future of the global system. This is especially tragic when there is concern in many countries at the challenge of community building and the construction of a civil society. Their failure is to be seen notably in their inability to respond effectively to the emerging conditions in Eastern Europe -- and to the appeals for assistance and insights from those regions and the developing world.

7. Psycho-cultural approach

The above approaches favoured by government institutions and mainstream academia tend to obscure what might usefully be called a psycho-cultural approach. At best the social sciences, even in their applied form, tend to be concerned with "community building" as an aspect of social welfare, or with the provision of basic needs, and social safety nets. Consequently there is little concern for what would be perceived as the subjective importance of associative activity.

It is clear that the ability of individuals to form associations is a valued human right -- however obscure the concern of the association. It is a form of expression that is vital in an increasingly alienating and atomized society. Membership of associations provides people with opportunities to participate in larger communities, whether or not their are any political implications. It can be vital to the development of an individual sense of identity.

It is ironic that associations of the disabled, of music lovers, of those with particular religious or philosophical beliefs, of obscure scientific specialities, of those concerned with unrecognized values or poorly recognized sports, and the like, should be required to demonstrate their political or economic value in order to justify their existence. The value of such bodies has recently been demonstrated in the case of associations in support of minority ethnic groups in different countries. At the international level this has been most obvious in the case of indigenous peoples. In many of these cases the issue is more cultural identity and its expression -- and the manner in which they are threatened by a variety of social forces - - rather than more conventional social and economic issues.

B. CONTRASTING FORMS OF "NONGOVERNMENTAL ORGANIZATION"

1. Consultative relationships

Well known to some within the international community is the recognition of certain nongovernmental organizations by various United Nations bodies for "consultative" purposes. ECOSOC and a number of Specialized Agencies of the UN have such systems of relationships, each governed by different sets of regulations and procedures. As a consequence, "NGO" for one such institution is not the same as "NGO" for another -- notably for any statistical purposes. In practical terms this means that an NGO in consultative relationship with one institution may literally not exist for another. This strange phenomenon is due to the legalistic perspective applied to any form of "consultative" relationship. In this sense a nongovernmental organization only acquires existence, for a particular part of the UN system, through being recognized through the procedures of the consultative relationship. The consultative status procedure has been replicated in various forms with intergovernmental systems other than the United Nations.

The regulations governing admission to different levels of consultative status are in principle designed to privilege those NGOs of greatest relevance to the programmes of the intergovernmental institution in question. In practice, and increasingly, such relevance is determined on purely political grounds as part of the wider trade-off between factions amongst the member states. Some very curious bodies thus manage to acquire consultative relationship, whilst other quite genuine bodies fail to do so. Ironically, some intergovernmental bodies unable to relate effectively to major intergovernmental institutions through other channels, actually choose to define themselves as nongovernmental organizations in order to achieve such a relationship -- and are accepted in that capacity.

2. Consultancy relationships

The rigorous approach to consultative relationship is in total contrast to the pragmatism governing any form of "consultancy" practised by intergovernmental institutions (whether or not it has a system of consultative relationships). Thus when in need the secretariats of such institutions are usually free to involve, through a system of sub-contracting, any nongovernmental body they choose (whether or not it "exists" in the above sense, or is appropriately representative). Thus nongovernmental bodies may work under formal contract, in a "consultative" capacity, whether or not they have any "consultative relationship". This is one reason that many nongovernmental organizations find it unnecessary to seek recognition through a system of consultative arrangements. It is also a reason why many other intergovernmental bodies find it unnecessary to develop a system of consultative arrangements. It is equally true that many bodies recognized through such arrangements are never called upon to do contract work, whether or not they are "consulted" as provided by such arrangements. Ironically, from a legal point of view, any such formal contract should only be entered into by the intergovernmental organization with a legally recognized entity (whether or not its existence is recognized by the institution as indicated above) -- but this constraint is not necessarily respected in practice.

3. Public information programmes

Intergovernmental institutions, such as that of the United Nations, devote a considerable proportion of their resources to some form of public relations. In the relevant departments of the institution the role of nongovernmental organizations in disseminating the message to wider publics has long been recognized -- often to the point of considering it their only role. Such departments therefore enter into semi-formal relationships ("Associate" in the case of the UN Department of Public Information) with organizations -- without any reference to whether the organizations have "consultative relationship". In fact it is not clear whether it is necessary for them to prove that they "exist" in any way. Such bodies may be brought together for regular briefing sessions and may even be better and more rapidly informed than those in consultative relationship. Given the budgetary priorities, it is likely that more institutional resources are devoted per organization to such associates than to those in consultative relationship.

4. Conference participation

Intergovernmental institutions frequently invite representatives of "nongovernmental organizations" to their conferences, whether as experts, full participants or observers. Given the level of expertise of some NGOs, such invitations may be necessary to give substantive legitimacy to the intergovernmental conference. Such invitations may be limited to representatives of those bodies in consultative relationship, although they may be extended to those associated with its public relations programme, or they may include or be limited to other bodies considered relevant to the theme or purpose of the event (even to the point of excluding those in consultative relationship). Participation may be arranged with all expenses paid, or even under some consultancy contract. The broad approach to accrediting "NGOs" for the Earth Summit (Rio de Janeiro, 1992) has been experienced as extremely challenging to the formal consultative status procedure, because of the precedent it set in opening participation to organizations not previously considered to be "NGOs" by such intergovernmental organizations.

5. Transnational corporations

The United Nations has devoted considerable resources to documenting the questionable activities of "transnational corporations" -- which it distinguishes, in contrast to common practice, from "multinational corporations" (a termed reserved by the UN for intergovernmental for-profit corporations). Transnational corporations are nongovernmental organizations, although they may have governmental stockholders (see organizational hybrids, below). They are of course not "nonprofit" nongovernmental organizations, except when they are ineffective in achieving their objectives. However there is considerable debate about how many "NGOs" are actually "nonprofit-making", especially when they sell publications or services to fund their other activities or are effectively fronts for commercial interests. Transnational corporations have long been viewed negatively by intergovernmental institutions which, on the surface, have few formal relations with them. There are however significant exceptions, notably in the banking world with which the World Bank group is necessarily intimately linked. Given the selective ability to recognize NGOs as "existing", it might be asked how the UN was able to study transnational corporations, which do not have any more international legal existence than NGOs (see below).

Despite their questionable existence, some transnational corporations, like other nongovernmental organizations, are capable of supplying goods and services. International institutions have a need for such goods and services and consequently have found ways to enter into long- and short-term contracts with transnational corporations (or their local subsidiaries) for their supply. Often the transnational corporations most criticized by the UN have been those on which intergovernmental institutions have been most dependent for office and other supplies and services. Ironically member governments are often major stockholders in transnational corporations and consequently are far from being disinterested parties when institutions put out any call for tender (as their acquisitions of computer equipment have always illustrated). International institutions often have very cosy long-term arrangements with travel agencies, banks and catering services as a visit to any secretariat will reveal.

Ironically, so skilled are transnational corporations in their use of the law and their cultivation of political influence, that they can take the form (in some countries) of "nonprofit" organizations -- known variously as "coordination centres" or "distribution centres". This is notably the case where they can arrange for their regional headquarters (for Europe, say) to receive funds from elsewhere "for administrative purposes", whether or not they are disbursed to other countries. The salaries of hundreds of people coordinating the activities of the corporation may be funded in this way because in such a country the corporation manufactures nothing and makes no profits. In this sense they are "nongovernmental, nonprofit organizations". In Belgium there is even a Federation of Coordination Centres benefitting from such facilities and assisting other corporations to acquire such nonprofit status. The criteria of a "coordination centres" are specified by royal decree and even make it possible for administrative units within a profit-making corporation office to acquire such status -- provided that the unit (such as a finance department) does not itself make a profit.

6. Press and media

As part of their public information programme, international institutions necessarily cultivate most assiduously the press, media and wire services. In many cases the media are effectively "nongovernmental organizations", often as divisions of transnational corporations (see above). They may also be divisions of "NGOs", or NGOs in their own right -- whether national or international. There is also the delicate sociological question (see Internet organizations below) of how it is useful to distinguish functionally between an organization (with its membership) and a media service (with its subscribers and audience). From this perspective, how "nongovernmental" is an international press or media service, whether government owned or not?

7. Consultative status NGO conferences

Some of the NGOs in consultative relationship with a particular institution (as in the case of ECOSOC or UNESCO) may meet together occasionally at a conference and elect some form of committee to represent them in their dealings with that institution (although, despite their function, such bodies are not recognized through any consultative relationship). The conference may have its own semi- permanent task forces and working groups. Each such conference necessarily has a particular understanding of the nature of an "NGO" as defined by the particular rules governing relationship with the accrediting institution -- whether or not some of the members of one such conference are also members of another. There has been relatively little coordination between such conferences over the years, whether or not this might have been considered fruitful. Given that such conferences only attract a proportion of the potential membership of those in consultative relationship with the accrediting institution, it might be asked whether the non-participating members reflect some alternative understanding of the nature of an "NGO".

8. "Fundamentalist" NGOs: citizens movements

Amongst nongovernmental organizations with some contact with the intergovernmental organizations and their conferences there has arisen a tendency to distinguish between "elitist" bodies and those which are genuinely "democratic", "peoples organizations" and "citizens movements". From this perspective only the latter are considered "NGOs" worthy of the name. The many conventional bodies serving a variety of other purposes are considered by them to be of little relevance, being more a part of the problem than of the solution.

9. Humanitarian NGOs

The dramatic problems of disasters, wars and underdevelopment have encouraged a specific kind of "NGO" to respond with various forms of aid and relief. These NGOs have, especially with Somalia, Bosnia and Rwanda, acquired a great deal of prominence in the media. Consequently for many sectors of the public, the media, as well as public institutions, these are the only kind of "NGO" known. Some of these relief and aid bodies are only too happy to reinforce this view by considering no other NGOs as relevant -- especially to the emergencies with which they deal on an hourly basis. This view is encouraged by the fact that many of these relief bodies are national in origin, with little if any claim to being international in their membership or source of funds. They therefore have little reason to associate themselves with other kinds of NGO, such as those typical of the consultative relationship. They often seek to provide aid quite independently of the intergovernmental system, often prior to any willingness of intergovernmental institutions to acknowledge any need for that relief. Somalia highlighted situations in which such NGOs were acting before the UN was aware of the problem, in areas where UN military subsequently did not dare to go, and continued to act after UN forces had been withdrawn because of the level of danger. Bosnia highlighted situations in which the UN refused to provide military protection to nongovernmental relief convoys for fear of endangering the UN military.

10. Field-level NGOs

There was a time when the UN-inspired terminology of "NGO" was only applied to those international bodies in some form of direct relationship with intergovernmental institutions. With the recognition of vital role played by NGOs at grass- roots level, came the recognition of the role of national and local NGOs, especially in developing countries. This had long been argued by international NGOs, since many of these local bodies were represented internationally through them as members. National suspicion towards NGOs sending aid workers from industrialized countries reinforced the tendency within intergovernmental institutions, notably UNDP, to bypass international NGOs and enter into direct relationship with local bodies. International NGOs were perceived as inappropriate partners in many forms of development aid -- despite the crisis in development aid. UNDP Resident Representatives, never enthusiastic about international NGOs (or any NGOs for that matter), were instructed to