Similarities and Differences between
National Institutions and
Human Rights NGOs
The establishment of a national institution for human rights
in Bahrain in November 2009 constitutes a huge leap in the path
of human rights. For ordinary people in Bahrain, the establishment
of a national institution has raised a number of questions particularly
with regard to differences and similarities between local organizations
already operating in the Bahrain arena for several years, and between
the newly established national institution for human rights. This
development has created confusion on the one hand and raised expectations
of some people unrealistically on the other hand. This article contributes
to understanding the distinction between governmental and non-governmental
organizations (NGOs), particularly the difference between the National
Institution for Human Rights (NIHR) and other human rights organizations
(societies) in Bahrain.
Human rights organizations have different names including “institutions”,
“societies” and “associations”. Such different names are used interchangeably.
What always matters is how to establish a human rights body, its
mission and objectives, the extent of its financial and administrative
independence, and the extent of its actual impact in the promotion
and protection of human rights in the country concerned.
Generally speaking, human rights organizations are divided into
two categories: governmental organizations, and non-governmental
Non-Governmental Organizations (NGOs)
We will start with NGOs because they are the most visible and
prominent in the human rights arena and the public arena as well.
NGOs exist in many countries of the world. NGOs are formed from
groups of volunteers on voluntary basis. They are not for profit-making,
they are created and managed by people with common interests and
goals, both at the local level (i.e. within a single state) or at
the international level (i.e. between several States or people from
different countries). Both local and global NGOs are private associations
working to promote and protect universally recognized human rights
principles and values. The mission, objectives and tasks of human
rights NGOs evolve around the protection of human rights, and people
in charge of them perform voluntary work.
NGOs are divided into two categories: local NGOs (such as the
Bahrain Human Rights Society, and Bahrain Human Rights Monitor)
and international NGOs (such as Amnesty International, Human Rights
Watch, Transparency International, etc.). All NGOs, local and global,
are governed by basic law, i.e. a constitution, that defines its
mission, vision, objectives, the scope of its mandates, and how
they are managed and financed.
In this sense, these organizations are not linked to any government
or to any of its organs or institutions. Governments do not make
laws and regulations for such organizations, nor do they fund them
or exercise control over their activities. They are fully independent
from any government influence. Thus, NGOs are built on the personal
efforts of individuals who believe and work for the promotion and
protection of human rights without financial gain. They also depend
heavily on self-financing of its members in addition to donations
from supporters away from any government influence. NGOs do not
accept contributions from government agencies (except in very limited
cases and in accordance with strict conditions) in order to preserve
its neutrality. But that does not prevent the existence of cooperation
and coordination between human rights NGOs and some ministries and
governmental bodies and institutions interested in human rights
NGOs work within a state for the promotion and protection of
human rights in various fields: political, economic, social, cultural
and development, as well as the promotion and protection of the
rights of women and children. They are established in accordance
with the laws prevailing in the State, which regulate registration
and the work of local NGOs. We will take the Bahrain Human Rights
Society (BHRS) as example of local human rights NGOs. The BHRS was
founded in 2001. It enjoys cooperative relations with regional and
international human rights organizations; it is a member of the
Arab Organization for Human Rights, the International Federation
of Human Rights (FIDH), the International Coalition for the International
Criminal Court (ICC), and works closely with the OHCHR.
International human rights NGOs are organizations or associations
or institutions that cross borders and their activities cover more
than one country. They are global bodies entrusted with the task
of promoting respect for and protection of human rights throughout
the world. Some of them are membership-based organizations, such
as Amnesty International, which has more than two million members
across the world, and has functioning groups in Bahrain. International
NGOs influence international life and politics because of their
good reputation, integrity and impartiality. The reports of international
NGOs are very influential to the extent that states cannot ignore
Mechanisms of NGOs
Local and international human rights NGOs adopt varied mechanisms
depending on the situation, including:
1. Issuance of reports, studies and statements to expose human
2. Receive complaints from citizens concerning human rights violations.
3. Organize training courses and publish newsletters and pamphlets
to raise awareness about human rights.
4. Provide legal aid on issues related to human rights.
5. Establish close ties with local, regional and international
institutions interested in human rights.
6. Campaign on specific violations in order to draw the attention
of local public opinion and the international community to them,
and urge the government concerned to correct the situation.
7. Lobby the government, diplomatically and domestically, to
address specific violations.
8. Promote a human rights culture through human rights education
Relationship between the Government and NGOs
Relations between governments and NGOs are always tense with
regard to human rights, because human rights NGOs monitor actions
of the government and its employees and expose human rights violations
in order to create public opinion at the local, regional and international
levels to address the situation, hold violators accountable, and
compensate the victims. The greater the violations in a State, the
greater and the larger role played by human rights NGOs.
In many countries around the world human rights NGOs collaborate
with governments to strengthen the legal protection of human rights
and the development of legal frameworks and mechanisms of justice
and the judiciary. Human rights NGOs also contribute in capacity
building activities for law enforcement agencies such as the police,
prisons officers and the armed forces, on the promotion and respect
for human rights for the police, detention centres, prisons and
during armed conflicts.
Governments request some advice from human rights NGOs with regard
to the development of strategies of human rights education and with
regard to some related areas, especially when developing a national
strategy to promote and protect human rights. The promotion of positive
relations between governments and human rights NGOs, both locally
and internationally, helps to bridge gaps and strengthen the means
of human rights protection in the country concerned.
Relationship between NGOs and the United Nations
Local and international human rights NGOs play an important role
in the UN system through the enjoyment of consultative status in
the Economic and Social Council of the UN (ECOSOC). This status
is not automatic, but only acquired after meeting a number of conditions,
including: that the objectives of these NGOs must be in accordance
with the spirit, objectives and principles of the UN Charter. Thereafter,
the NGOs have the right to attend as an observer at meetings of
the ECOSOC, the Human Rights Council and their affiliates. They
can also submit written statements that can be circulated as official
documents, and they can make oral statements, as well as providing
information about the human rights violations in a specific country.
Governmental Organizations (GOs)
The UN system imposes on States to form national institutions
for human rights in order to promote and protect human rights. With
this understanding, such institutions are “governmental organizations”
working in the human rights field. The establishment of national
institutions for human rights should be in accordance with the Principles
Relating to the Status of National Institutions (The Paris Principles)
adopted by the General Assembly of the UN in December 1993. The
Paris Principles are the main source for the establishment of national
institutions for human rights and have developed frameworks to help
national institutions to achieve independence, reflect societal
pluralism, be accessible to people, and achieve functional independence
In line with the UN resolution on the establishment of institutions
at the national level to contribute to the promotion and protection
of human rights and fundamental freedoms, and increasing public
awareness about such rights and freedoms, many states have complied
with that resolution, including some Arab countries, which have
established national institutions such as: the Advisory Council
for Human Rights in Morocco, the National Council for Human Rights
in Egypt, the National Centre for Human Rights in Jordan etc.
In November 2009, the King of Bahrain Hamad bin Isa Al Khalifa
issued a Royal Decree No. (46) 2009 establishing the National Institution
for Human Rights in accordance with the Paris Principles. The Royal
Decree provides for the national institution to be independent and
operate freely and impartially. The Decree also includes mechanisms
to select members of the institution, its objectives, organizational
procedures regulating its work, financial resources, etc.
The main differences
The National Institution for Human Rights in Bahrain is still
under establishment. However, it is not expected that its working
mechanisms will differ from the mechanisms used by human rights
NGOs within and outside Bahrain, with minor exceptions.
The greatest differences between local and international human
rights NGOs on the one hand, and the Bahrain National Institution
for Human Rights on the other hand, include: the powers of the National
Institution for Human Rights will be limited in terms of receiving
complaints, as well as issuing reports critical of any possible
human rights violations in Bahrain; the National Institution for
Human Rights will not be able to carry out advocacy campaigns or
dissemination of public statements critical of possible violations.
Another difference is that the National Institution for Human
Rights will receive the necessary financial support from the Government
in contrast to NGOs, where the latter rely on membership subscriptions,
donations, grants and unconditional funding from regional and international
Moreover, the National Institution for Human Rights will not
acquire the advisory status in ECOSOC because it is a governmental
institution and will be part of the government delegation when any
reports concerning the human rights situation in Bahrain are reviewed
and discussed in the relevant committees or the Human Rights Council.