From gatekeepers to GONGOs
| Author | Fiona McGaughey |
| Published date | 01 June 2018 |
| Date | 01 June 2018 |
| DOI | http://doi.org/10.1177/0924051918771232 |
| Subject Matter | Articles |
Article
From gatekeepers to GONGOs:
A taxonomy of Non-
Governmental Organisations
engaging with United Nations
human rights mechanisms
Fiona McGaughey
University of Western Australia Law School, Perth, Western Australia
Abstract
Despite growing awareness of the importance of the role of Non-Governmental Organisations
(NGOs) in monitoring international human rights law, there is as yet little analysis of the hetero-
geneous natureof NGOs and of the relationships between NGOs engagingwith the United Nations
(UN). This socio-legal analysis was drawnfrom 26 interviews with key stakeholders across theUN,
Governments andNGOs. The article analyses, problematises and maps theNGO role, presenting a
taxonomy with six categories of NGOs engaging with UN human rights bodies - international
facilitative, gatekeeper, imperialist, domestic self-sufficient, domestic dependent and Governmental
Non-governmental Organisations (GONGOs). It also considers the role of National Human Rights
Institutions in engaging with the UN, vis-a
`-vis the NGO role. A preferred NGO model of engage-
ment according to those in the UN receiving NGO reports is presented. The article concludes that
NGOs play a pragmatic role in addressing limitations of the UN human rights system, and a nor-
mative role in contributing to global democratisation and governance.
Keywords
Non-Governmental Orga nisations, United Natio ns, treaty bodies, Univers al Periodic Review,
Human Rights Council
1. Introduction
There is an ever-increasing awareness of the importance of the role of Non-Governmental Orga-
nisations (NGOs) in monitoring international human rights law. An area where they make an
Corresponding author:
Fiona McGaughey, University of Western Australia Law School, 35 Stirling Highway, Perth, 6009, Western Australia.
E-mail: fiona.mcgaughey@uwa.edu.au
Netherlands Quarterly of Human Rights
2018, Vol. 36(2) 111–132
ªThe Author(s) 2018
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DOI: 10.1177/0924051918771232
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essential contribution is in State reporting to UN treaty bodies and to the Human Rights Council’s
Universal Periodic Review (UPR)
1
but as of yet there is very little understanding of the variety of
roles played by NGOs engaging with UN bodies and the relationships between them. From having
a very limited consultative role provided for in Article 71 of the United Nations (UN) Charter,
2
NGOs have evolved as key actors in the UN human rights system. The UN Office of the High
Commissioner for Human Rights (OHCHR) has noted that the work of some of the UN human
rights bodies is: ‘ ...inconceivable without civil society input, which adds to the relevance and
credibility of the conclusions and recommendations resulting from the experts’ deliberations.’
3
The key role played by NGOs in UN human rights State reporting mechanisms is the provision
of information and contributing to the development of relevant, appropriate recommendations.
4
In
their role of providing critical information, NGOs hold governments to account on their human
rights obligations. As the Human Rights Council observes: ‘Allowing voices to be heard, even
when they express criticism or unpopular views, is key to holding decision makers to account and
to ensure that policies are reviewed, lessons learned and improvements made.’
5
The following conclusion by Keith in her chapter in the Oxford Handbook of Empirical Legal
Research, in which she synthesises and analyses empirical legal research on international human
rights instruments, provides strong validation for the research questions and empirical methodol-
ogy selected for this research:
The role of NGOs and INGOs seems to offer a tremendous opportunity for future study, but researchers
need to reach beyond simple counts of organizational membership to examine empirically the pro-
cesses and contexts through which these organizations influence compliance.
6
This article maps and problematises the va riety of roles played in UN human rights State
reporting mechanisms, proposes a taxonomy with six categories of NGO and discusses the ratio-
nale for the NGO role. The findings presented in this article emerged from a larger research project
comparing the role and influence of NGOs in the well-established UN human rights treaty bodies,
with the more recent Human Rights Council’s (HRC) UPR. The research included international
context and an Australian case study – the case study allowing for a more in-depth analysis of NGO
influence in one jurisdiction.
1. Fiona McGaughey, ‘The Role and Influence of Non-governmental Organisations in the Universal Periodic Review –
International Context and Australian Case Study’ (2017) 17 Human Rights Law Review 421; Felice D. Gaer,
‘Implementing international human rights norms: UN human rights treaty bodies and NGOs’ (2003) 2(3) Journal of
Human Rights 339; David P Forsythe, Human Rights in International Relations (CUP 2006) 203-204; Michael Freeman,
Human Rights: an Interdisciplinary Approach (Polity 2011); Laurie S Wiseberg, ‘The Role of Non-Governmental
Organizations (NGOs) in the Protection and Enforcement of Human Rights’ in J Symonides (ed), Human Rights:
International Protection, Monitoring, Enforcement (UNESCO Publishing 2003) 347.
2. Charter of the United Nations (4 October 1945) 1 UNTS XVI.
3. Human Rights Council, ‘Annual Report of the United Nations High Commissioner for Human Rights and Reports of the
Office of the High Commissioner and the Secretary General. Promotion and Protection of all Human Rights, Civil,
Political, Economic, Social and Cultural Rights, Including the Right to Development. Practical Recommendations for
the Creation and Maintenance of a Safe and Enabling Environment for Civil Society, Based on Good Practices and
Lessons Learned’ (11 April 2016) UN Doc A/HRC/32/20, thirty second session, agenda items 2 and 3, para 53.
4. McGaughey (n 1). See also Forsythe (n 1) 203-204.
5. Human Rights Council (n 3) para 20.
6. Linda Camp Keith, ‘Human Rights Instruments’ in P Cane and H M Kritzer (eds), The Oxford Handbook of Empirical
Legal Research (OUP 2010) 353, 372.
112 Netherlands Quarterly of Human Rights 36(2)
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