A Puzzle for International Law: NGOs at the United Nations

Abstract

A challenge for contemporary international lawyers is the democratic deficit in the United Nations. One suggestion that has been used to address this deficit is the introduction of NGOs into the decision-making processes. This paper seeks to address whether this ‘inclusion’ is democratic. Once the progressive history of liberal democracy in international law is contested, alternative models and standards of democracy can be and have been expected of NGOs. Rather than seeking to suggest which model is desirable, it is the aim of this paper to explore the way in which the current procedures for granting consultative status to NGOs manage the tensions between functionalism, internal and external accountability, participatory and representative democracy. In January 2014, the United Nations Committee for NGOs decided on the consultative status of over 400 NGOs. Whilst the terms of reference for the Committee refers to the democratic status of the NGOs and their accountability mechanisms, the questions permitted by states at the Committee reflect states’ concerns with the ‘interests’ NGOs represent rather than their internal governance structures. Using these decisions from the Committee, it will be shown how the Committee manages the tension by leaning in favour of representation and expertise at the expense of accountability.