“Straight Back, Soft Front:” NGO Accountability and Human Rights , Distinguished Senior Fellow at Demos in New York
Why do discussions about NGO accountability generate so much tension and disagreement? Because – underlying disputes about which metrics, methods and regulatory frameworks are the best – accountability touches on much deeper issues of power and responsibility, the health of democracy, and the survival of independent citizen action in the many years to come.
In my experience there is no disagreement about the need for NGOs to be accountable, but there are justifiable concerns about what this means in practice, especially for human rights groups in political contexts where accountability can be used as a device to curb their activities. Setting the accountability discussion in context is the first step towards negotiating solutions that work for both NGOs and governments. The next step is to find a workable balance between rights and responsibilities that protects the freedom to organize in return for legitimate public scrutiny. “Straight back, soft front” is a phrase often heard among social activists, and it describes this process well: hold firm to your mission and principles while addressing accountability with as much creativity and flexibility as possible.
Most of us have a love-hate relationship with concentrated power, preferring to diffuse power as much as possible in order to mitigate its abuses. Yet we also know that concentrated power is essential to social justice when exercised through the State in its role as the ultimate guarantor of human security and the duty bearer of rights-based international obligations; or through large NGOs and social movements that can protect human rights and push through policy reforms in the face of concerted opposition.
Accountability is the mechanism that completes this equation by acting as a counterweight to concentrated power. We all share the obligation to answer for our actions, which is probably the simplest definition of accountability we have. Of course it’s more complicated than that, but I think all definitions would include the responsibility to report to stakeholders clearly and transparently on any activities that affect their lives, and the willingness to submit, under certain conditions, to the judgments of a legitimate authority.
But what makes authority ‘legitimate?’ Curbs on freedom of speech and of association, the rise of more intrusive forms of regulation and investigation, and the securitization of debates around NGOs and their work, all give accountability a more sinister ring. And in climates that are highly-securitized or politicized, innovations in NGO accountability are more difficult to achieve because the results – gained through increasing openness to public scrutiny – may be used to destroy the organization or close off its access to influence and resources, rather than as an incentive to improve its performance. In these situations, the politics of NGO accountability turn out to be much more divisive than the technics, so what should we do?
I think the best path is to recognize that all NGOs have rights and responsibilities that must be constantly negotiated according to the context, thus protecting the space for independent citizen action in exchange for compliance with regulations that ensure that they operate in the public interest. If the ‘public interest’ is too vague and amorphous a concept to be useful in a real or operational sense, then at least one can ensure that activities that are claimed to be ‘beneficial’ are openly disclosed and accessible for public questioning. The opportunity to know what an organization does and ask questions as a result is surely the bedrock of accountability.
Nevertheless, an exclusive reliance on voluntary or self-regulation is unlikely to be effective in weeding out examples of malfeasance, or politically feasible in contexts where governments must be seen to exercise their powers of oversight consistently across all institutions in society. There is nothing about NGOs that makes such oversight unnecessary, and if self-regulation is inadequate for business or indeed for governments then it is difficult to argue a special case for NGOs, except where the application of specific accountability mechanisms exposes an organization, or those it serves, to violations of their fundamental rights – rights which outrank those of the authorities who govern the space for NGO activity.
In these situations, the balance between NGO rights and responsibilities will obviously shift, even though governments may continue to insist on unitary treatment. And as in all such situations, the definition of what is legitimate eventually turns into a legal and political contest. Human rights NGOs experience these dilemmas with particular force, but there is no ‘magic bullet’ available to resolve them, only an ongoing negotiation that requires the courage and flexibility to re-weave rights and responsibilities into a continuously-evolving tapestry. “Straight back, soft front” will see us through.
Author of Small Change: Why Business Won’t Save the World
