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Comments on the Approach Paper on Human Rights and NGO Accountability — L. David Brown, Hauser Center for Nonprofit Organizations, Harvard University ESENFR

The issue of NGO accountability and human rights principles converge at several intersections. One is that the human rights of assembly, association and free speech are fundamental to the creation and survival of NGOs as agencies organized around values and citizen concerns. The space for and legitimacy of civil society activity is under attack in many contexts and with it the accountability of NGOs. A second intersection is that human rights set standards that NGOs violate at the peril of losing their credibility as actors for the public good. To the extent that NGOs depend on their reputations to mobilize resources and influence events, their compliance with and accountability to human rights expectations can be critical to their effectiveness. A third is that some NGOs are focused on identifying human rights violations and holding violators accountable. Working at the sharp edge of defining and enforcing human rights principles requires careful attention to legitimacy and accountability issues.

The approach paper is a bit vague about definitions of key concepts. In my work on NGO legitimacy and accountability, I have focused on legitimacy as the appropriateness of and justification for an organization’s existence and activities in the eyes of key actors in its environment. Accountability, in the other hand refers to an organization’s answerability for its performance to specific stakeholders. Accountability refers to concrete expectations and claims that stakeholders might make upon an NGO, while legitimacy refers to a more general perception of its relevance and appropriateness.1

I would argue that the mission of the NGO should be at the heart of defining its legitimacy and accountability. I agree that relations with stakeholders are central to NGO accountability, but who the “primary” stakeholders are for NGOs is often ambiguous. While the owners of businesses or the voters in democratic governments are usually seen as their primary stakeholders, NGOs are often accountable to multiple stakeholders—including donors, regulators, clients, partners, targets, staff, and so on.2 Many NGOs are tempted to focus on “upward accountability” to powerful stakeholders (e.g., donors or regulators) and to give less attention to “downward” or “inward” accountability to less powerful stakeholders ( e.g., clients or staff). Emphasizing accountability to mission can help clarify how much attention they should be paying to different stakeholder claims to implement that mission (see paras 12 & 24).

The approach paper sometimes discusses legitimacy as political representation of NGO constituents (e.g., paras 10, 46). While it is true that some NGOs are organized to represent constituencies, I believe that claims to NGO legitimacy are more commonly rooted in other bases. In addition to political legitimacy from representing the interests of members or constituents, NGOs may claim legal legitimacy grounded in compliance with regulations and legal requirements; normative legitimacy from embodying and acting for widely-shared values and norms; pragmatic or technical legitimacy based on demonstrated expertise, capacities and services to stakeholders; associational legitimacy created by ties to legitimate actors or institutions; and cognitive legitimacy from their fit with stakeholder expectations about how to understand the world. While few NGOs claim legitimacy on all these bases, they have all been recognized as potential legitimacy sources for civil society actors.3 So there are many plausible grounds for accepting their existence and activities as appropriate and justifiable other than political representation.

Our work on the evolution of standards of legitimacy and accountability has focused on three potential sources.4 Sometimes standards are set at the societal level by government legislation and regulation, such as requirements for annual audits, or by widespread acceptance of social norms and values, such as expectations about the size of NGO leaders’ salaries. In other cases standards are set at the organizational level by strategic choices about performance targets and attention to stakeholders. This is particularly common in practice areas that are novel or rapidly-changing so widely-held expectations about standards do not exist. A third source is standard setting at the domain level, where groups of organizations with interests in an area of practice negotiate domain standards for the area. The domain might be a sector association, such as the group of international NGOs that created the International NGO Accountability Charter; it might be a multi-level campaign, such as alliance of local, national and international NGOs that worked together in the Mt Apo Campaign to stop World Bank investment in a Philippines power plant; or it might be a multi-sector partnership to solve an intransigent problem, such as the Kimberly Process that mobilized NGOs, governments and transnational corporations to regulate the illicit diamond trade.5 The evolution of standards is often shaped by interactions among national, domain and organizational levels.

The international arena is a particularly fertile arena for discussion of legitimacy and accountability issues and their links to human rights principles. Accountability and legitimacy claims are difficult to establish in the context of few shared authorities and poorly-understood problems. Perhaps more importantly, the international arena is rich with examples of the negotiation of new concepts and standards (human rights principles for example) and new institutions to implement them. The creation of the IANGO Charter of Accountability (and the current development of NGO reporting standards by the GRI), the development of the “precautionary principle” as an alternative to “sound science” in regulating persistent organic pollutants, and the creation and reimplementation of a regulator system to control “conflict diamonds” are all examples of the creation of new standards that shape international activity. In an increasingly globalized and interdependent world, those negotiations are constructing the concepts and institutions of global governance at a time when that governance is sorely needed.

1 Edwards, M. (2000). NGO Rights and Responsibilities: A New Deal for Global Governance. London: The Foreign Policy Centre; Brown, L. D. (2008). Creating Credibility: Legitimacy and Accountability for Transnational Civil Society. Bloomfield, CT: Kumarian Press, Ch. 3.
2 Brown, L. D. and M. H. Moore. “Accountability, Strategy and International Nongovernmental Organizations.” Nonprofit and Voluntary Sector Quarterly 30, no. 3 (2001): 569-87.
3 See Suchman, M. C. (1995). “Managing Legitimacy: Strategic and Institutional Approaches.” Academy of Management Review 20(3): 517-610; and Brown, L. D, Creating Credibility, op cit., 2008, Ch 3, 4.
4 Brown, L. D., M. H. Moore, and J.P. Honan. “Building Strategic Accountability Systems for International NGOs.” AccountAbility Forum 1, no. 2 (2004): 31-43.
5 These cases are discussed in Brown, Creating Credibility, op cit., 2008, Ch 5, 6, 7.

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