How International Human Rights Law Potentially Applies to Development NGOs in a Post-Mass Atrocity Context Working in Partnership with/as Proxies of States

Abstract

This chapter examines how international human rights law potentially applies to development NGOs working as proxies for governments in the provision of social services. It details the intricate relationship NGOs have with states and how increasingly they act as implementing agents of the state globally, and therefore have corresponding human rights responsibilities. It explores the power and resources that NGOs have and the extent to which they can influence development policy and implementation in a way that either advances the respect and fulfillment of human rights or violates and denies them. It uses the framework David Karp creates for the human rights responsibilities of corporations and illustrates how this can apply to NGOs. It shows that many reputable NGOs, such as Oxfam and Save the Children, have exhibited problematic human rights policies and practices. It argues that they need to be held to account and their policies and practices urgently improved. It further provides evidence that NGOs cannot rely exclusively on self-regulation because it is insufficient to ensure the respect and fulfillment of human rights.