“Centre of gravity of all legal developments is not in legislation or judicial decisions but in society itself “ – Egwn Ehlirch
Peace cannot be explicated with the mere absence of war and conflicts. It can be elucidated as a state where people are safe, healthy, and happy. So, it’s more of a multidimensional undertaking wherein NGOs emerge as key troupes, as the government’s inflexible structure fails to manage issues concerning complex and delicate matters. O P Richmond said, “NGOs are the complete opposite of the government, they don’t have to deal with bureaucracies and are extremely flexible and can work through the root level.
The Role of NGOs in Conflict Situations
The situations faced by NGOs during conflict are abundant, especially in reconstruction. Apart from the physical reconstruction, a legal dimension, calls for the reintegration of people going through conflicts into civil society, through all its aspects, whether economic, social, or political. NGOs are considered to have an unerring ability to do advocacy, and public awareness campaigns and this credibility allows them to reach through different layers of the society. It can be contended that they have assumed an increased prominence in the global response to war, partly because they believe they have a comparative edge over the UN and government and partly because of the limitations of traditional diplomacy in modern conflicts.
Although legal protection is considered a fundamental right, it is overlooked as a field of humanitarian work, despite the resulting gaps in protection. Even the humanitarian plans articulated for people affected by conflicts rarely kept legal aid as one of the main elements. Even in 2020, humanitarian response plans did not include legal aid as one of the main elements in the Afghanistan crisis.
The role of NGOs in legal services has increased significantly in recent times. Legal aid in such contexts is quite wide, ranging from challenges linked to denial of rights or access to services, it is related to unclear procedures status in host countries, and the risk of being illegally detained or deported with no due process.
Case Studies of Effective NGO Action
Vide INTERSOS is an international humanitarian non-governmental organization since 1992, working in 45 countries concerning legal support and other help people need, it is also UNHCR’s biggest protection partner in Iraq. In May 2020, due to an increase in the number of refugees requiring marriage and birth certificates and families’ inability to cover the transportation fees of the court, INTERSOS NGOs coordinated with the court of Khabat, Iraq to conduct missions both in Darashakran and Kawargosk Refugee Camps which resulted in court execution of missions in both the camps after all the required documents been prepared by the NGOs for the refugees.
UNHRC is also one of the most imperative organizations that has played a vital role in providing legal assistance to conflict-affected people through its NGO partners. UNHRC legal partners won more than 1254 cases concerning the Ukraine government to restore pensions and social payments to the population.
NGOs like Amnesty International and Human Rights Watch, are known as advocacy organizations whose main concern is promoting basic rights for the people. They emphasize research and provide information to the press and government about human rights abuses and repression.
Humanitarian organizations like the Norwegian Refugee Council (NRC) help people forced to flee. This organization works in 31 countries, where its prime concern is saving lives and rebuilding futures. It mainly works on camp management, food assistance, legal aid, and education. Moreover, the NRC advocates for displaced people and defends their rights in local communities, with the national government, and in the international arena.
Refugees International is another humanitarian and independent organization that emphasizes providing support and advocates for displaced people, and refugees who are internally displaced or stateless. Additionally, it does not accept any form of UN or government funding. It is also known for publishing longer reports, and about twenty-five field reports annually on displacement accompanied by comments on international aid and issues concerning females. Concerning armed conflict, the organization emphasis more on helping females in vulnerable categories who are in exceptional danger of living with the constant threat of gender-based violence, such as sexual assault, domestic violence, rape and so on. Consequently, the organization prioritizes advocating for improved humanitarian retorts that support the safety and well-being of females.
Challenges Faced by NGOs in Legal Aid
NGOs have faced many issues in providing legal aid. The First issue between the bar association and NGOs in the delivery of legal aid services, process alters the competition into cooperation. Furthermore, there is resistance from the bar association concerning government efforts to establish state-run legal aid offices in many countries. Additionally, another issue was limited data essential for legal aid services.
Over time, most countries have reformed legal systems including legal aid reforms, in the last years of the 20th century. These reforms included particular laws relating to legal aid and Ministries of Justice in partnership with nongovernmental organizations, it began examining whether the existing systems for delivering legal aid meet the standards required for the people in conflict. For instance, In India, the National Legal Service Authority has been working since 1995 which was established to administer the delivery of services nationally and to disburse funds to State and District and NGOs to provide legal aid services. CLAP is an Indian non-governmental organization focused on enforcing and protecting human rights since 1982. Over the years it has gradually developed its role in law and justice, it believes in providing legal aid to the people in need and strengthening the justice system.
The number of non-governmental organizations (NGOs) has grown significantly with their varying objectives and geographic distributions. The majority of these organizations engage in the fields of development, relief, and advocacy. The United Nations and funding organizations like the World Bank have acknowledged this fact, and most of these NGOs’ resources for conflict resolution are focused on concerns like peacebuilding, third-party involvement, refugee difficulties, or reconciliation. The United Nations Department of Public Information has been asked to collaborate with NGOs interested in disseminating information about the UN after the United Nations General Assembly acknowledged the importance of NGOs in conflict relations. The United Nations Economic and Social Council established its consultative connection with non-governmental organizations in 1968. However, they were not accorded any particular standing in the Security Council or other influential entities such as the General Assembly.
Models of Legal Aid Delivery
To work efficiently in conflicting situations NGOs, need to preserve their identities and neutrality throughout the countries, different NGOs have adopted models such as contract service models which provide government contracts with lawyers, a bar association, or NGOs that will provide representation in legal aid cases. The downside of these contract frameworks is that the government may offer a bid at the lowest possible. They may come up short of giving appropriate budgets for necessary support whether related to paralegals, investigators, or experts which might affect the services.
Another model is the mixed model, moreover known as the hybrid model of legal aid delivery which is becoming standard to increase the strengths and reduce the weakness of the traditional methods. It offers an adaptable framework permitting the government to choose how to provide legal aid services efficiently .
Conclusion
It can be deduced that NGOs have played a pivotal role in preventing conflicts in numerous regions where progress and peace have been evident. NGOs have played a significant role in settling conflict by engaging with people and giving them room to cooperate in the dispute resolution process. After years of being ignored by governments, NGOs are increasingly recognized as having special abilities that can promote peace and reconciliation in communities affected by violence and war. However, they face many obstacles in their work, and sometimes the outcomes of their efforts are not ideal or successful.
There is a need for review and reform of the system so that considerable efforts are added to justice reform approaches in the global reports on legal aid. According to the data, at least 29% of member states never conducted awareness-raising campaigns on the right to legal aid. Nearly 59% of least developing countries do not have data on the number of cases being resolved before the court. NGOs must narrow the scope of their work and concentrate more on addressing the underlying causes of conflict and improving the peacebuilding process. Nowadays, peacebuilding is seen as a sustainable agreement, and non-governmental organizations are thought to be more equipped to execute the work.
Eugen Ehrlich supported striking a balance between the interests of the state and those of the individual and believed that society is the fundamental source of law. To give people a better society, laws must be continuously amended while upholding trust and allowing non-governmental organizations (NGOs) the opportunity to enhance their work on the ground. In cases of recalcitrant conflict, no other organization is as effective as NGOs.
Author: Ms. Neha Meena, pursuing BA LLB(Hons) from National Law University and Judicial Academy, Assam
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