NGO Evolution

NGO

      the study of NGOs cannot succeed if one considers the different characteristics of NGOs; or by their number, their legal status, their different categories and their modes of organization, either by their means of funding and action and especially by their fields of activity.

The Evolution history of NGOs

 
     In this first chapter, it will try to see the birth of NGOs (section I), the definition of NGOs (section II) and the NGOs as actors in international relations (section III); These are subjects that will help us to elucidate the detours of the historical development of NGOs.

Section I: the birth of NGOs

     Nobody seems to be sure of the date of appearance of the first NGOs, their birth has gone unnoticed, this may be due to the fact that pioneer associations and a number of minor importance. Some authors tend to bind the phenomenon to the religious orders of the middle ages, Marcel Sinkondo1 written by C.Bontens:
     "The phenomenon is older than one might think the monastic order of Saint Colombau was already in VI century a transnational dimension." "The order of Cluny and that of the Cistercians in the XI century, that of the Dominicans in the 13th, radiate through any médivale Christianity."
     But if one accepts this idea, it well report that Westerners and Christians were not the only ones to have orders of cults and religions. Other civilizations certainly had their orders of religions and cults, even before the middle age.
     Paul Reuter2, it is the technical progress and the evolution of production and trade and policy:
      "give rise to common interests and call the emergence of forms of organization internationale.»".
      In other words, what are the interests of the capitalists, employers as they are at the same time the interests of workers and other social categories which are born of unions and social and political movements.
      Finally, other thinkers link the creation of NGOs to the emergence of international governmental organizations:
      "Parallel to the birth of international governmental organizations, there is the nineteenth and especially twentieth century for the development of another form of international institution, the international non-governmental (NGO)"3
      On our part, believed that it would be more logical to link non-governmental organizations to the emergence of a civil society seeking to emancipate of the omnipotence of the State at the time of the renaissance and the revolutions European in all cases we already know that the British and foreign anti-slavery society was founded in 1823 in London, the international Committee of the Red Cross was even before the date of 1863 in Switzerlandthe international association of workers was incorporated in 1864 and that the Institute of international law was created in 1873 in Belgium. Thus, can say at least that already before the second half of XIX century NGOs have reached a widely important position in international relations.

Section II: The Question of the definition of NGOs

     During the history of NGOs, we tried repeatedly to define this mysterious term; many attempts of definition by authors of NGOs and even some IGOs were held. Each time, one of the parties critical and challenging the definition advanced by the other. It is a true definitional controversy. Some call it a definitional game. Indeed, each initiative definition involves political and economic interests.
     Since the beginning of the twentieth century, Paul Ottlet4 one of the first authors to attempt to define what is as an NGO, wrote in the international organization and international associations that an international association that it is considered as such must meet five conditions:
  1. be international;
  2. be open to similar elements of the various nations;
  3. have an international General purpose;
  4. having no profit;
  5. have a permanent institution.
      The same definition was adopted by the second Congress of international associations, held in 1913.
      The Institute of international law, in its session in Brussels, in 1923, on the other hand tried to arrive at a definition of the international association; This is Mr. Nicolas Politis5 this Institute to adopt a definition based on four conditions that an association is international, which offers:
  1. that it was due to private;
  2. that it was international in its composition;
  3. that it was international by its objective;
  4. that it did was, in pursuit of this goal, no spirit of greed.
      In fact, the importance of the definition of NGOs arises from its connecting to any discussion of the legal status of these.
      The situation during the period of the two world wars was very unfavourable to NGOs and any discussion regarding their status or their definition. But immediately after the war, the founding of the Organization of the United Nations and the adoption of the Charter of the United Nations that includes the famous section 71. It is this article that this new term NGOs has been officially used by Nations a few years later, the Economic Council and Social charge by the United Nations to take the relations of consultation with NGOs, adopted resolution 288 B (X) which develops article 71; the resolution considers that an NGO is:
      "... any international organization that is not created by way of intergovernmental agreement will be, for the purposes of these provisions considered as international non-governmental organization...". »6
     This definition provided by ECOSOC could not create unanimity, it has attracted new debate; Jean Maynaud7 this definition is
      «...So vague that can challenge him any usefulness. As a result, in addition to curious situations, in particular the allocation of the quality of the NGOs to fully constituted organizations of official services under the pretext that their Foundation is not an intergovernmental agreement... »
      Indeed, there were several points of divergence regarding the definition of NGOs;each give priority to the condition of the absence of the intergovernmental agreement, others focus their interest in the international quality of an NGO, by its composition or its objectives, or else they are largely interested in the privacy of a NGO. However, no definitions only gives satisfaction. Borko Stosic8 proposes that an organization or Government name, it must meet three characters: 1 - the international character, 2 - the private or non-governmental nature, and 3 - character of "non-profit."
      These same character are invoked by Mario Bettati9 ; his definition of NGOs is based on three character, for an organization must meet the three cumulative criteria:
      1 - the international character of the composition and the objectives of NGOs.
    2 - the nature of their constitution; 3 - the voluntary nature of their activities.
      However, it faces difficulties. First, how can we ensure that an organization has three criteria and under what conditions can you say that an organization is international, private or voluntary nature?
      If we test the composition of an organization that it is international in character. On the one hand, we will be confronted by and against examples such as the ICRC, whose members are of Swiss origin and yet regarded as that international NGOs, thus organizations composed of persons of the same nationality may be international by its objectives in human nature exceeding the framework of a single State. On the other hand, it cannot be said that an organization composed of members belonging to several countries in Western Europe is an international NGO; in fact this is only a regional NGO. In other words, it will be very difficult, to any organization that excludes citizens of a continent, country, adherents of a religion, a doctrine... etc.; to declare international.
      With regard to the private or non-governmental nature, it cannot be denied that much of NGOs are either created by the initiative of the States, or that representatives of public authorities sit on as party but without that it may reject the truth of concrete relations between States and of such NGOs, talking of public NGOs or NGO quasi-gouvernementales.
      For what is the voluntary nature, the trend towards the institutionalization of NGOs even if it has not changed categorically this character, it was a phenomenon of employees and officials and generously honored experts who work with NGOs.Moreover, even the non-profit character or non-profit or non-commercial, is become threatened by NGOs funded or leading projects funded by transnational corporations.
      This same definition that demonstrated its deficiencies above, was adopted by several contemporaries with more at least nuances. Other authors; J.M10 dealing with NGOs Duffour notes:
      "non-governmental international organization this negative designation wants to locate these institutions by comparison with intergovernmental organizations established by States with international treaty while the NGOs provide a mission of international cooperation in the framework of national law."
      It is for this reason advanced by Duffour, who refuses to remain attached to this negative term that does not refer to what is an NGO but against what it is not. authors, specifically French, prefer to use a more positive term, that of "Organization of international solidarity", but Duffour who refuses the negative designation attaches to the criteria already cited by adding a new test, it says:
      "In General, it was agreed today to say, according to the definition proposed by the union of Associations International, an NGO is an association composed of representatives from several countries, that it is international by its functions, by the composition of his leadership, by the source of its funding, itself is not-for-profit and enjoys consultative status to an intergovernmental organization"11
      But this seems very contradictory; for an association or non-governmental, it must be attached to an intergovernmental organization. This without of course referring to different attitudes towards consultative status with NGOs at this stage.
      Sinkondo12 notes that NGOs have become so numerous that it is difficult to define a formula; It proposes four bundles of indices to characterize:
  1. An NGO is international by its organs and/or its members but especially by its activities;
  2. NGOs have a private character: "they must their creation with private initiatives, for men, not the souvraintés.
  3. They have a profit, although even they were created to help their members to improve their economic situation.
  4. They serve a purpose of General or at least lawful interest.
     The international union of associations (UIA) which was interested from the beginning of the 20th century to the study of all issues associated with international associations, acknowledged in 1917 some 2401 associations the international nature of NGOs, the UIA has a very narrow definition based on seven criteria to recognize these NGOs the international character:
  1. the aim must be international...
  2. There must be me members, with voting rights, from at least three countries...
  3. the constitution must provide for a formal structure, there must be permanent headquarters and continuity of operation...
  4. There must be offices, preferably of different nationality...
  5. finance must come from different states...
  6. the organization should be independent
  7. There must be activities, organization which have been inactive for over five years are no longer recognized13
      The Organization of the United nations is one of the most concerned international actors by the fate of NGOs; However, the United Nations is not interested in the definition of NGOs, what interests him most is the conditions for the granting of consultative status. This prevents one of the institutions of the United nations considers that
      "A non-governmental organization (NGO) is a local, national or international non-profit association." The abbreviation NGOs therefore includes organizations very different with all sorts of objectives, NGOs working in areas as diverse as law, assistance to refugees, rights, human rights and disarmament. "they can be groups of pressure, associations for the defence of interest local movements of assistance technical or medical, research groups, etc"14
      In terms of finding, believed that it should be noted that the definition of the term NGO is subject of several issues; It is the basis of any attempt to establish a legal status for NGOs, status involving different political, economic and cultural interests. It is as well that while each seek to equip NGOs from the South of consultative status, others seek to maintain the monopoly of the NGOs in the North of this status under the pretext of the distinction between international NGOs and local or national NGOs, while each working for the United Nations to give a clear definition of NGOs, others strive to perpetuate the ambiguity, while some encourage NGOs interested in development, others argue the human rights NGOs, and while to some people rely on the independence of the O NG to the States and Government institutions, others seek to support the NGO "quasi-gouvernementales."
      These are indeed examples of the opposition of interests in the definition of NGOs that we quote to highlight the importance of studying with caution any definition of NGOs. 
Section III: The NGO new actors in the RI
      In the traditional design, only States are considered as actors in the fields of international relations, relations between States were the only subject that deserves to be studying.
The phenomenal proliferation of NGOs, and the growth of their roles, at least on the economic, social and political scene nationale have led several Government to equip its associations of a special legal regime. In France, an Act respecting associations existed since 1901. On the other side, NGOs have begun to forge links with IGOs long; Indeed, even before the creation of the United Nations, the League of Nations was established consultative relations with NGOs. The American Government invited 42 NGOs at the San Francisco Conference in 1945.
     Some authors believe that with the passing of the State by a civil society very demanding and very dynamic, States have sought to recover the NGOs through the incorporation of article 71 in the Charter of the United Nations. But in any case, it is important to say that the gouvernemets have came to recognize the impact positive or negative of NGOs and the importance of their potential. No question is to ignore or neglect the involvement of NGOs in international relations. Donald v. Blaisdell15 wrote:
      "…now, since 1945, more then a century's growth of non-government organization has received recognized status in post-war intergovernmental organizations.". Citizen diplomacy conventional diplomacy, often complicating supplements as well as aiding it…»
      Thus, Blaisdell shows that NGOs are a citizens diplomacy that complements State diplomacy, that these initiatives can help the State diplomacy as it may complicate the.
     For the rest, the State is no longer regarded as the only actor of international relations.Blaisdell16 stated that the field of international relations is more reserved to the States:
"... the term" international relations "will be used to refer not only to contact between governments (intergovernmental relations) but also to those between governments and other entities such as social groups and individuals and private organizations….
      Marcel Merle17 wrote in the same direction:
"... the study of international relations could be dangerously flawed if it is abstracted from the intervention of special interests in the decision-making process."
      Ms. Edwige Avice18 former French Minister of cooperation and development speaks of an intrusion of the civil society in demand-State relations, argues that:
"Diplomacy is in the proper sense of the term, the branch of the policy dealing with the relations between States and therefore relationships between Governments there is now surprised to see non-governmental organizations (NGOs) play a role more important and therefore in international life influence, sometimes decisively, the diplomatic action of the democracies..."
      Indeed the foreign policies of States are in no way divorced from their domestic policies. On the other hand, political power is no longer the prerogative of the King, several players are involved in the making of the decision. This response goes beyond the internal affairs of the State to embrace external affairs. Thus despite their non-governmental nature:
     "it is however difficult to completely isolate the NGOs of the State phenomenon." "As well as some NGOs have been created to defend special interests against the étatique…à the opposite power, Governments sometimes sparked the creation of NGOs to perform missions that they wanted or could not do them even"19
     However it is interesting to note that the relationship between NGOs and Governments varies according to the level of social and political progress in each country.
     In developed countries, there is a tendency to institutionalize the power; the State is a set of interrelated institutions who share the power and the conduct of the country. The institutions in turn are the representations of the groups social and political society.Thus, these countries so-called seek by all means to work different groups of interests and political currents in a coherent political system. These countries have understood the importance of the non-governmental action. As a result they seek work public action of the State in international relations to those of NGOs, to retrieve the NGOs who seems to act against their interest, at least to manipulate their action. There was for a long time that:
"The Governments of democratic countries are forced to, at present, to take into account such desiderata of public opinion expressed …through through a series of groupings of interêt…" »20
     It is not only issue to consider the influence of these groups; In addition to it repeatedly private groups are a role-playing game. Mr. Merle points out that:
     "the private groups are Governments to achieve their ends and Governments often disguising their international initiatives under the mask private organizations"21
     This is how the Governments of developed countries or countries of the North have work for the establishment of an institutional and legal framework favourable to the non-governmental action. Similarly these Governments give from their very considerable financial and material means countries NGOs. Some Governments will end by encouraging channel their cooperation policies and development projects for the populations of the South through NGOs, because ' they consider that the coopéraiton through the non-governmental channel is more credible, more effective, more practical and less costly.
     However, in the countries of the South, that means of developing countries, the majority of Governments express their mistrust, their dissatisfaction and even their refusal of any activity occurring non-governmental. They regard the NGOs as allies of the opposition, as protesters of power. Therefore, NGOs suffer from those countries with all kinds of legal, administrative constraints and can reaching physical constraints that threaten the right to life
     In the less worst cases these Governments allow NGOs monitored existence and limited freedom which cannot go beyond some lines, line security, stability, public order but which are in most of the time of the anti-democratic constraints.
     NGOs active in the field of human rights remain the most confronted category to the constraints of these Governments. Ahmed abdellah, one of African heads of State expressed such attitudes by stating:
     "Ammnesty Interfnational has time, paper and pencils for écrire…cette organization would do better to send mattresses and sheets for those who are imprisoned. This is how it could help us instead of making this noise! I remember that once I was preparing to release political prisoners. I have heard that Amnesty International wanted to intervene. I abstained. "I didn't believe to influence me."22
     Foregoing, It can be inferred that governments exert very great pressure on NGOs in the countries of the North as in the South, with the difference that in the first goal is trainer NGOs on the same rails behind the Governments and at least refer them or manipulate them using subtle means and discrete while in the latter the aim is to silence NGOs, marginalize them otherwise the policy by means of blatant coercion and misuse of authority.
     On the other hand, the relationship between intergovernmental organizations and NGOs is that the ambiguous reflection of their Member States with NGO relations.
     Despite the establishment of a consultative status to the breasts of the unisien system, this ensures no international legal perslonnalité in favour of NGOs with this status. It is however true that consultative status has helped several NGOs of if direct way in international, as impliqer points out Pierre Gerbet 23
     "…that helps slightly correct the character too exclusively intergovernmental international organization, to better adapt it as the real international society, to establish the necessary contacts between social groups and the huge bureaucracy interétatique…".»
     However, the granting of consultative status to NGOs certines is only the result of the compromise between the State powers to the breasts of IGOs, and in addition, the content of this status expresses a position of IGOs to keep NGOs far from their "magnetic" but fields without its NGOs can more closely approach that is permitted. Mr. Merle24 said in commenting on article 71 of the Charter of the United Nations:
     "taking to the strict interpretation of this device, it can in conlure that the advisory role of NGOs is governed by a set of very restrictive provisions"
     But why all this distrust, this sceptisme, these negative attitudes and these attempts recovery and mnipulation? and for what reasons most of IGOs as the majority of States take such positions for NGOs?
      It was only the intractable question of representativeness; While Governments and inter-governmental organizations to declare the only to have the legitimate right to represent the aspirations of the peoples, NGOs intervene to compete at this level.
     Indeed, NGOs with their proliferation, as the diversity of fields of human activity that they embrace, the commitment of their members populations, their principles of volunteering, nonprofit and independence and to their international vocation, were able to anchor their right to speak on behalf of the peoples and populations as well as many authors have assessed the role of NGOs in international relations. Schermers says25:
     "Nontheless the importance of private international organizations should not be underestimated, they all contribute to mutual understanding between differnt peoples and some of them play very imprtant roles in international relations."
     L.c. white 26 the role of NGOs stops international step contribution to understanding, it exceeds the action for a United World:
     "... perhaps no. greater contribution is now being made to world understading then that of private organizations…but perhaps it is worthwhile to point that these INGO's are equally a powerful instrument in working toward world unity…".
     It must be too optimistic to say that NGOs can be quite powerful to achieve unity of the world like argues l.c. White.
     Jean Marie Dufour27 appears to be more attached to the reality and experience of NGOs after observe and examine the role of NGOs, he concludes that:
     "NGOs form a sector particularly interesting international life; nurseries of upcoming inter-governmental institutions, auxiliary major inter-State organizations and also form of cooperation between States, likely promised to a certain avenir.»
     By studying the function of the NGOs Mr Sinkondo28 for its part, to realize the importance of this function. He believes that NGOs can be divided according to their functions in three sets. The first brings together NGOs which have as their mission the defence and promotion of political interests, considers that it is the oldest and the most powerful motive of action, the second category consists in his NGO to accompany the action of States to criticize and prevent deviations. The third category are NGOs, many and be determined with, whose mission and found serious breaches of States, denounce them and assist victims. NGOs for Sinkondo are bulky witnesses of the barbarism of modern times and rising in front of individual and collective tragedies to call for respect for the dignity of every human being and relieve the distress.
     In fact, says El Arbi Mrabet29 shapes of the influence of NGOs on the course of international relations can be systematized in various way. for his part, he distinguishes six forms of influence:
  1. the direct commitment of members of NGOs in specific operations on the ground: disaster areas of conflict or of NGOs such as the ICRC and doctors without border provide their services.
  2. Theoretical reflection carried out by NGOs through studies, investigations and research that can inspirrer of the politicians or officials international, include in this regard the example of the International Law Institute.
  3. NGOs strongly interfere to normative action on either national or international level, through participation in the development and review of the status and plans juridiquers.
  4. NGOs with consultative status to an intergovernmental organization, formulate for its opinions and proposals IGOs which are often taken into consideration.
  5. Some NGOs arise in real counter-power civil to temper political omnipotence and economic monopoly. This is the case of Amnesty International of Greenpeace and the Dingwash movement for disarmament nuclear.
  6. The international political parties and the International Trade Union who are also NGOs activate on the international scene since the 16th century, as is the case of the International Communist, the Socialist International of the World Confederation of labour.
     No doubt, NGOs were able to root their action in the field of international relations through their political, economic, social, cultural, humnitaires and other activities. It is also clear that the intervention of NGOs that as a new player in international relations and of great importance. However the authors that appear to be unanimous on this point differ at the level of appreciation of the influence of NGOs on the course of international relations. Thus Braillard and Djallali30 think that:
     "Without seriously compete with the States, these organizations have acquired nonetheless international a position of significant importance that no doubt will be strengthening in the future"
     But for these two authors, it should not be too optimistic to the role of the 500ng, they point out that:
           "While recognizing the capacity of NGOs should however avoid taking of too idealistic vision to see in their action non-governmental diplomacy, able to reshape the system of international relations in weaving the tapestry of a still more dense network of links between the peoples"31
     In contradiction to this attitude, Bernard Kouchner32 believes that the action of NGOs in the field of international relations is very prometeuses that NGOs can extend beyond this limited sphere which is booked, he says:
     "Experience has shown that it can and must refuse the role Theatre of the pure and simple outrage that suggested us, Amnesty international, Terre des Hommes, Médecins du Monde, etc, are initiatives that advance toward this new law;" one of the individuals deprived to intervene effectively in the order of policies and international strategies."The will of the people must register in a reality that Governments intended to preserve the monopoly, a monopoly that they are tear off little by little and every day"
     Before the contested issue, Mr. Merle33 could not decide, he argues, in assessing the influence of NGOs on the United Nations, that:
     "The ability to influence available to NGOs is therefore far from negligible, but the assessment of this influence on the activities of the United Nations, even in the economic and social field is difficult to perform"
     Indeed, it is very difficult to assess the effective contribution of NGOs in International Affairs, and the scope of their influence on the course of international relations. Such an evaluation requires a work very huge and very systematic and scientific working methods which take into consideration the international impact of the action of NGOs across the different fields of activity and the evolution of this impact in time. Therefore, it will need several studies of cases which focus their research on a specific NGO, or a movement or a network of NGOs and their influence on a Government, a set of Governments on an IGOs or more on international public opinion, their presence in the media; or that the research is focused on a specific international case and try to consider non-governmental input in this case. And of purely statistical research in order to create a database on NGOs.
     The set of such studies can facilitate the fulfilment of an assessment more concrete and credible of the influence of NGOs in the field of international relations.

Classification of NGOs

 
     Our approach to study the role of NGOs in international relations, it was found necessary to address the question of the classification of NGOs. But the first point to note is that we have many classifications and not a single classification.
     Indeed, the classifications differ according to the criteria adopted by each attempt of classification. But, in all cases, the importance of the classification of government action lies in the fact that it helps us to identify the various aspects of the intervention and the involvement of NGOs in international relations.It will try to see the different categories of international organizations (Section I), then it will try to consider some classifications of NGOs that we have considered the most important (section II).

Section I: categories of International Organisations

     The distinction between the different categories of international organizations can rely on multiple criteria according to the objectives of the classification. The most famous classification include:
  • International private and public international organizations;
  • (Closed) regional organizations and universal bodies;
  • International and supranational organizations;
  • Organizations technical vocation and general development organizations.
     However, it is interesting to note that these distinctions are relative: there are private organizations which have by all means of public organizations, universal organizations which are in reality regional organizations and technical organizations interested very often General and political issues.
     What interests us here is the first distinction between public organizations and private organizations. Public organizations are usually called intergovernmental organizations while private organizations are called non-governmental organizations. But there is a difference in the use of the term Government; While this term covers all bodies involved in American authors in power that is to say the powers Executive, legislative and judicial, other authors, especially in Europe, use the term govern in a sense more restricted that does not exceed the Executive. Thus, the class of the intergovernmental international organization is not the same content in each and the other.
       The conditions that an organization be recognized international and intergovernmental are three:
  1. It shall be established by a treaty between States.
  2. It must have bodies;
  3. It must be established under international law
     On the other hand, are considered non-governmental international organizations.These NGOs are subject to national law, they are not removed from the governmental authority, they do not represent the Governments of their countries of origin and only bind the individual responsibility of their members or the responsibility of communities who are the NGOs.  
Section II: Categories of organizations Non - governmental
     The very large number of NGOs impose the need for a differentiation between them.The question then is: what are the criteria on which it can operate this differentiation?differentiation is not an aim in it even but it is the way to achieve any classification.
     The classifications of NGOs can be based on the geographical criterion. Thus; can be distinguished international NGO national or regional NGOs, can also be the difference between the NGO European and African, or between North and NGOs of the South; indeed, the classifications according to the geographical criterion implies not only a distinction on the level of space but also on several other levels economic, cultural and political.
     NGOs can be classified according to the subject of their activities:
     This subject can be sport, recreation, arts, literature, education health, sciences, social sciences or humanities, politics, humanitarian action, the human rights, the environment, development, social assistance, religion, etc. However, it should be noted that we cannot achieve an extensive classification according to the criterion of the subject of activity because the infinity of subjects which can attract the attention of NGOs.
     If one tries to classify NGOs pursuant to this very wide diapason of goals that they continue, it appears clearly that the role played by NGOs in international relations, throughout history, has been considerable and sometimes decisive, Borko 34 stosic says in this regard that:
     "It is through the efforts of NGOs was the problem of the abolition of slavery."Moreover, we know the role played by women's NGOs in the conquest of the suffrage of women. Similarly, the lute against discrimination and racial prejudice received its full meaning that the role played by NGOs, not to mention their role in the domaione of the exchange of results and experiences in research scientifique.»
     NGOs can be divided based on their relations with IGOs. We find in this regard the NGOs having consultative status with ECOSOC or unisiennes institutions. On the other hand, NGOs with consultative status are classified into three categories A, B and "registered in the register" (referred to as I, II, and "roster"), 1968.
     Jean Maynaud, in his book "the groups international pressure" NGOs can be classified in three sets, in consideration of the scope of the purpose, namely; NGOs who defend property interests in the broad sense of the term, NGO Group scholars pré-occupent of scientific exchanges, and NGOs which concern the promotion of human activities, of moral ideologies.35
     The NGOs are divided according to other classification of their composition; Thus, can distinguish between NGOs of elite from the masses, the NGO composed of a small number of party which may vary between tens and hundreds and NGO composed of a very large number of party which may exceed 100 million. The same criterion of composition can also be divided NGOs into three categories:
    1 - associations whose members are individuals;
    2 - associations whose members are national assiètte communities;
    3 - associations whose members are international communities.36
     I have quoted above some classifications that we found the most interesting.However, we must note that there may be both classifications there of NGOs. But should not conclude that this classification is futile; on the contrary, it allows us to appreciate the different principles, interests, goals, and means of actions of NGOs; and in General, the classification of NGOs has a great contribution in the analysis of the role of NGOs in international relations. 
 
     Funding for NGOs 
     To meet the challenges to rescue the affected regions or State of war, to help the poor to improve their situation, and also to conduct their campaigns and their daily activities, NGOs need sources of funding.
     In principle the NGOs are funded by contributions from their party, as well as NGOs are still trying to increase the number of their party. But the development of the role of the NGOs on the international scene, and their involvement in activities and projects that require huge budgets, have led some NGOs to seek sources of finally other than the assessment of the party.
     Indeed, many NGOs today are subsidized by Governments or intergovernmental organizations and qu´avec of the multinationals and international foundations. some NGOs spend even the service contracts with certain States or certain IGOs. These grants and financing contracts are passed under obligations and conditions supported by NGOs. Thus the question of the independence of NGOs in l ' respect of donors.However the majority of NGOs reported that they are independent, and that financial assistance that it receive affect significantly their freedom of action and decision. LC White37 wrote in this regard:
     «…In many instances INGOs have received financial aid from intergovernmental organizations or from a Government directly. Again as in the question of membership, when the members. Make their own decision, the financial aid does not alter the private character of the INGO… »
Bernard kouchner38 stops on this issue to ensure this idea that denies any influence of the principles and decisions of NGO financing.
     « … This is a question that is asked frequently: do you have relationships with the States? Do you receive help or money from the States? And the answer is invariably negative, regardless of the political nature of the Government. "Support, very rarely, a neutrality property veillante, at best, never direct assistance and the great never a financial assistance which would bind the NGO business choices: El Salvador Yes, but not Nicaragua."
     However, it must be considered that donors do not subsidize NGOs by charity or generosity. In fact, they fund NGOs which complement their actions on other components or on smaller scales. Sometimes, as well as funding enrols in a comprehensive strategy designed to influence the attitudes of a Government, of a social movement or past... etc, influence it or guide in the sense that donors consider favourable to their interests.
     The NGOs is mainly funded by the United Nations through its specialized agencies: the World Bank, UNESCO, FAO, who and UNICEF or through its programmes such as UNDP; funding is also provided that the EU and other Western countries such as the USA, the Canada, and the Japan.
But it should be noted that most of the official financing of NGOs is paid to NGOs for development. And donor countries and organizations reserve a portion of aid budgets in the achemnier through the non-governmental development. For example:
2 - the World Bank has approved some $ 900 million to finance non-governmental projects between the years 1985 and 199739 ; grant of the former EEC is is high, for the reference period, 1976-1982, at 81.1 MECU and permit 1116 projects presented by 187 NGO co-financing 40.
     These budgets which appear to be significant, will not if compared with the volume of the debts of the countries under developed or the acuteness of the needs of the poor in the countries of the South. It is as well as several NGOs refuse Western aid that they call demagogic manoeuvres and call, instead of this assistance to the cancellation of the debts of poor countries, the transfer of modern technology and respect for the right of peoples to dispose of their natural resources.
The legal status of NGOs 
     NGOs have no international legal personality, despite their immense prestige, their role and influence undeniable in international relations (section I).
     However the Organization of the United Nations and some of its bodies are empowered by their constating documents to grant consultative status to NGOs involved in issues within their jurisdiction (section II). 
Section I: The question of the legal personality of international NGOs
     While NGOs are not yet recognized as subjects of public international law, nevertheless they are cited by the majority of States and NGOs. Some authors consider that the legal personality of NGOs and transnational corporations or individuals is a reality that is necessary despite the fact that international Parliament has not yet recognized it. Book written41.
     « … The existence of legal persons cannot depend on the whim of the legislature, and their number would be an are »
     In fact, the NGO is an issue of private law, enregisrée his head and fit the rules of national law of the host State, as a result, their recognition by a State is recognition in another. On the other hand, NGOs do not benefit from the privileges and immunities as IGOs.
     NGOs say international are in reality or NGOs that have established a permanent seat in a country determined and which are subject to the internal host country legislation, is that they have chosen to save their international character by admitting the protection or control of any State.
     Despite the fact that several State Home grant facilities to NGOs that have chosen to get their seats, the Belgium remains the only country to recognize NGOs international legal status; and despite the fact that the majority of the departments of Foreign Affairs have a "service of NGOs", States themselves are yet resolved to put an international convention relating to the international legal status of NGOs.
     Several attempts have been made in order to push States to adopt a treaty that established the international legal status of NGOs; to this effect, there were several projects proposed by authors or by international institutions. In 1910 only, there were three projects: the project of the Congress of the international associations of Brussels and Mons which stated:
           « … There is place to establish diplomatic convention through, or a supernational status for the use of the international non-profit association which has reason of their legislation associationnelle déterminée… »42
     There were also in the same year, the draft of the international law association, and finally the famous project of Bar of the Institute of international law which was developed on the basis of a proposal for a N.Plitis. In 1923, n. Politis wrote a report on the issue and that he has committed to the Institute of international law, this report has been the basis for the discussion of the draft convention proposed by the Institute.In its session of Bath in 1950, the international law Institute resumed the debate on the question of the legal status of NGOs on the basis of a report submitted by Ms. S.Bastid, the debate has been fueled by the inclusion in the Charter of the United Nations of provisions relating to the relationship between NGOs and the United Nations, as well as the recognition of the consultative status of NGOs by the economic and social Council.
     As has been pointed out the projects relate to the international legal status NGOs have not ceased to grow since the beginning of the 20th century. But it should be noted with Jean-Marie Duffour that43 :
     « .. Despite the proposals of Von Bahr in 1912, those of Mrs. Bastid at the Institute of international law in 1980, States could not resolve to a treaty or a convention relating to the status of NGOs. Even if several departments of Foreign Affairs today have a "Service NGOs", the absence of such a status hinders the functioning of those institutions that are fully subject to the law of the host State... ».
     Remains to be noted that a European convention on the recognition of the legal personality of international non-governmental organizations has finally emerged on April 24, 1986. It was signed in Strasbourg at a ceremony in the presence of the Secretary General of l ' IAU at the time Mr George Patrick Speckret. It has been registered under number 124 in the series of European treaties. According to the convention 124, any international NGO created in accordance with the law of country A, is automatically recognized as as such in country B, C and D parties to the convention the convention is the first and the only international legal instrument in the world has this matter. It came into force on 19 January 1991, nine countries have ratified or signed the convention or the accurance: the United Kingdom, the Belgium, the France, the Switzerland, the Austria, the Slovenia, the Greece, the Portugal, Cyprus, Macedonia with lots of reservations on different points.

Section II: NGOs and the UN: consultative status

     As in already mentioned, several NGOs were invited to the San Francisco Conference in 1945. This presence has been reflected in the Charter of the United Nations adopted at this Conference. This is more precisely article 71 of the Charter which forms the general framework of relations that the UN with NGOs. However, it should be noted this is only a minority of NGOs that are related to the United Nations on the basis of that article and the resolutions arising.
     Indeed, article 71 States:
« …The economic and social Council may take all appropriate measures to consult with non-governmental organizations concerned with matters within its competence. These provisions can be applied to international organizations and, if applicable, national organizations after consultation with the interested Member of the organization... »
      For each article which provides for the participation of non-governmental organizations in the work of the United Nations is one of the most original and the most promising of the Charter of the United Nations:
« … With the inclusion of NGOs in the most important document of positive public international law (…) all the conditions had been met which would allow NGOs to take a development they had never known before in their histoire.»44
      In fact, reports already existed between the Nation society organizations and NGOs.These reports were of a non-formal character and had no legal basis. But the contribution of NGOs to the League of Nations at the level of the technical consultation was of considerable importance.
      The United Nations which was created during the two world wars to restructure the international scene on principles of peace, the rights of human equality and freedom could not neglect or the role of NGOs in the achievement of its goals, nor reports that already existed between the League of Nations and NGOs. The innovation lies in the fact that the United Nations has codified the relationship with NGOs by inserting section 71 in its Charter.
      However, we must point out that article 71 was only the legal basis for United Nations/NGO relations; He gives no definition of what is a NGO, nor the criteria that an NGO must present in order to be view. This article does not more obligations and benefits that may arise from this relationship. On the other hand the framers of the Charter are concerned rather to limit the extent of this relationship:
     "... the prudence of others of the Charter is translated, to at the outset, by a number of restrictive including the most significant provision is the fact that NGOs can work, in principle with the economic and social Council and are thus excluded from the political issues reserved for other organs of the Unies… Nations. »45
      The economic and Social Council gave its development through the adoption of successive resolution article 71:
     -resolution 288 B (X)-February 27, 1950;
     -resolution E 1296 (X LIV) of 23 May 1968.
     - And finally the resolution 1996/31 of 25 July 1996.
     Resolution 1996/31, which is today still the true "Charter" of the relationship between the Economic Council and social and NGOs, States the requirements that an NGO can be endowed by the consultative status under article 71. Thus, the establishment of such a consultation relationship requires that:
1 - the Organization must operate in areas of the Economic Council and Social competence and its subsidiary bodies.
2 - the purposes and objectives of the Organization must be in accordance with the spirit, purposes and principles of the Charter of the United Nations.
3 - the Organization must undertake to support the United Nations in its work and to promote the principles and activities of the United Nations.
4. unless otherwise indicated, the term "organization" means non-governmental organizations, national character, regional, regional or international.
5 - relationships for the purposes of consultations may be established in accordance with the Charter of the United Nations and criteria established under resolution 1996/31, with international, regional organizations, under-regional or national.
6 - the Organization must have a reputation in the particular field to which it is dedicated.
7 - the Organization must be deliberative and representative bodies. She must have a seat recognized, a Constitution, and a Chief Administrative Officer. It must function according to the principles of democracy.
8 major financial resources of the Organization must be essentially received contributions of its affiliates or national constituent elements or the contributions of individual members of the organization.
9 - the actroi, suspension and withdrawal of consultative status; and the interpretation of the standards and decisions in this regard are exclusively within the jurisdiction of the Member States, who exercise this prerogative by the intermediary of the Economic Council and social and the Committee on non-governmental organizations.
     This resolution divides recipient NGOs in consultative status in three categories:
1. the consultative status granted to an organization that is interested in most of the activities of the Council and its subsidiary bodies, rush said General consultative status.
2. the consultative status granted to an organizations whose specific jurisdiction and action can be found in some of the areas of activity of the Council and its bodies subsidiary …does said special consultative status.
3. an organization that does not have general or special consultative status but which the Council, or the Secretary General of the United Nations (...) believes that it can sometimes, for matters within its field of competence, make a useful contribution to the work of the Council, of its subsidiary and other bodies of the United Nations, can be placed on a list (referred to as the list).
     The privileges of participation in the work of the United Nations granted to NGOs with consultative status differ according to the place of the NGO in the above cited hierarchy. The following46 table shows its difference 
     
Liens/bondsGeneralSpecialList
Consultative status with the CouncilYesYesYes
Appoint representatives to the United NationsYesYesYes
Invited to UN conferencesYesYesYes
Offer points for the agenda of the CouncilYesNon-Non-
To attend the meeting of the Council and its subsidiary bodiesYesYesYes
Circulate statements at the meetings of the Council2000 words500 wordsNon-
Authorized to speak to the CouncilYesNon-Non-
Circulate statements at the meetings of the subsidiary bodies2000 words1500 wordsNon-
Authorized to speak at the meetings of the subsidiary bodiesYesYesNon-
Obligations to make quadrennial reportsYesYesNon-
 
     Currently over 1600 NGOs have consultative status with the economic and social Council. This number did not cease d ' increase since the creation of this relationship of consultation which demonstrates the considerable evolution of the role of NGOs in international life. Table47 below outlines the evolution of the number of NGOs with consultative status since 1948 until 1999 
YearGeneral statusSpecial statusListTotal
1948732241
196812143222377
199141354533928
199342376560978
1995694365631068
1996814996461126
1997886026661356
 
     Specialized institutions created as a result of the United Nations following the example of the Charter in their constating documents and assign a consultative status to NGOs.
     However, it should be noted that although the initiative is given to NGOs to submit their nominations, the Board has discretion discretionary, it can accept as it may refuse to grant consultative status to an NGO. the Council has the same power when in the determination of the content of consultative status. The Council may also suspend or withdraw consultative status granted to an NGO when it seemed good which has a right to periodic investigation on the activities of NGOs may be the Council, exercise of this power, change of category of an NGO that will result by a kind of demotion or promotion in the superior category.
     This power of punishment and reward reflects, according to Marcel Merle48 mistrust and caution always prevailed in the Organization of relations between the economic and social Council and NGOs, the beneficiaries of consultative status, even a minority privilègiée of NGOs, once their place dearly won, are placed under the scrutiny of the Council.
     But the actroi of an NGO consultative status is recognition and right that for the United Nations, it confers on its beneficiaries no international legal personality can be invoked to United Nations Member States.
       As already mentioned, for some, consultative status is only an attempt to domination of NGOs by IGOs and that the latter keeps its legitimacy in the eyes of international public opinion. This prevents that the involvement of NGOs in the activities of the United Nations and its bodies and institutions, through consultative status or out of this status, is a very important influence. At the beginning of the 1950s Charles Malik, President of the human rights commission, said:
      « .. If a convention on human rights is the result of our work, it will be restlessness interested and wise to these non-governmental body will be pushed the Government to the signer… »49
      NGOs with consultative status have not ceased to broaden the scope of this status;Today these NGOs are consulted not only by the Economic Council and Social but also by the Secretary-General of the United Nations as well as by the General Assembly. In addition, the Secretary-General of the United Nations in his report to the General Assembly, on 10 July 1998 on the arrangements and practices for the interaction of non-governmental organizations in all activities of the United nations system points out that:
      « … In their vast majority, funds, institutions and programmes of the United Nations system have also been loaded explicitly by their governing bodies to cooperate with NGOs and have developed a wide range of mechanisms to this effectual »
      The involvement of NGOs in the activities of the United Nations and more intense.Article 71 is already overwhelmed, the revision of the Charter, and more specifically of article 71 becomes a necessity. can no longer defend NGOs consultative status to not get involved in political affairs. 
Conclusion: What future for NGOs? 
      Arrived at the end of thist studywas chosen to conclude not with assertions but with a question about the future of NGOs not to give a final this question answer but for the attention that our interest is not to focus on the current situation NGOs that insofar as this interest main objective is to shed light on the future of the NGOs. 
      The impressive proliferation of NGOs is one of the critical remarks are noted.This is of a birth of the national and international civil society. This phenomenal growth is a positive aspect in each; the other is that fragmentation, non-governmental organizations, their efforts and their influence. We believe that this proliferation can be positive as it can be negative as the case may be; What is on is that the NGOs will continue to multiply for one reason or another. However, it should be noted that the statistics concerned NGOs are few and insufficient. 
      Independence widely claimed by the majority of NGOs is not always true. One cannot deny the relationship enter NGOs and States, NGOs and IGOs where NGOs and current of opinion. The independence of NGOs will remain always debatable or funding for NGOs or legal status box. Of course, there are NGOs that are dependent financially, legally and ideologically. Marcel Merle says: 
      "In many countries of the third world, international same NGOs are in fact that of the instrument in the service of Government policy." "Large" NGOs, they are often courted or manipulated by the big powers50.» 
      However one cannot generalize this note, if there are NGOs that are that "the ideological State apparatus" as called Professor Gonidec, there are also NGOswho are motivatedby the only considerations of humanity and solidarity. On the other hand, must qualify among the NGOs as an institution which has various purposes and the volunteers that are for the most mobilized for reasons of solidarity. 
      . The NGOs are international solidarity organizations ofsmakers of law as claimed by Bernard Kouchner, trainers of public opinion or only ideological State apparatus? It is believed that they are a little bit of everything. The question will continue, because it is attached to the essence of the non-governmental action that is diversity on the one hand; and because it is attached to the duel between State power and civil opposition force that appears not to have come to an end. 
      Now(e)s, dynamic and effective in all areas of activity, their influence is far from negligible; without seriously compete with the States; these NGOs international nevertheless gained a position of importance that will no doubt go strengthening in the future. However, NGOs are sometimes able to exert influence in most political areas, by interfering in the sphere reserved to the States, often by the relay of national and international public opinion. 
      Indeed, NGOs attempt to influence the course of international relations, through their action on the ground, their role as educators of public opinion, their relations with the mass media, or their relations with IGOs or Governments. However do not overestimate the effect of these relationships. The action on the ground is limited under the constraint of budgets, public opinion itself is still far from being a decisive factor in international relations, relations with the mass media are random, the relationship with IGOs is often characterized by the superiority of the IGOs. NGOs may not exceed under this consultative status relationship that Marcel Merle as bastard status. The same author wrote in this regard: 
      "…after 40 years of collaboration with ".the" highest intergovernmental forums, the question of the international status of NGOs could not be resolved, or even seriously discussed, is the paradox and constitutes a regrettable flaw in scheduling legal international51" 
      The consultative status of NGOs to the United Nations has been revised several times, it has developed over time? But it must be noted that the status of NGOs at the national and international levels overflowed the legal articles which they have.NGOs appear to be more and more determined to get an international legal status. 
      Concerning relations with the States and Governments NGOs relations are more complex. The influence is mutual between the two parties. Governments are trying to guide the NGOs in the direction of their interest, at least to manipulate them through funding, prerogatives and pressures; NGOs on their part are trying to change the attitudes of Governments in subjects of interest to them using various means. However, the influence of NGOs seems not yet to have sufficient power to influence the Governments of the major countries in cases which are of major importance for peace and security. Freedom and the determination of all the peoples of the world. NGOs are they to be transformed into instruments of absorption of the challenge, in institutions that disseminate the ideology of the dominant powers at the international level, in "makeup" that hides the ugliness of the contemporary world ugly manifested in the war, hunger, AIDS, unemployment, as well as in the absence of human rights. NGOs must remain very vigilant to keep their essence humanitarian and solidarity.

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