An American Perspective on the Roles and Functions of NGOs

Allison Moore American Bar Association

NGOs/NPOs
What do we mean by these terms?

Questions for Consideration

1. Should every cause (e.g., environmental protection, womens rights, labor rights) have an NGO? 2. How do you regulate an NGO to make it a good NGO? Or, what should government do to promote NGOs? 3. Imagine all the very best environmental NGO leaders became the leaders in government and business. Then would we still need environmental NGOs?
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WHY DOES THE U.S. NEED SO MANY NGOS?

NGOs play different roles and use different methods to achieve goals
Information politics e.g. Move-on.org, League of Conservation Voters Accountability to the requirements of law e.g., Environmental Defense, Natural Resources Defense Council, NAACP Legal Defense Fund, Womens Legal Defense Fund Research and Public Education e.g., Worldwatch Institute (Lester Brown) Organize volunteers and activities e.g., WWF, Nature Conservancy, numerous local groups

WHY DOES THE U.S. NEED SO MANY NGOS?

NGOs have different views of politics and the influence of money
View of Government/Political Parties ------------------------------------------------------------------------------------------------ Basically Trust Government Basically Distrust Government

Orientation to Social Problem Solving ----------------------------------------------------------------------------------------------- Government Regulation Free Market

View of Effect of Source of Funding on NGO Mission ----------------------------------------------------------------------------------------------- Business/ Private Foundations Members Government
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WHY DOES THE U.S. NEED SO MANY NGOS?

NGOs have different fundamental values
* People-centered (e.g., Worldwatch Institute) * Animal rights (e.g., WWF) * Ecosystem-centered (e.g., WRI, Friends of Chicago River) Based on different values, they might advocate different solutions to the same problem

Questions for Consideration

1. Should every cause (e.g., environmental protection, womens rights, labor rights) have an NGO? 2. How do you regulate an NGO to make it a good NGO? Or, what should government do to promote NGOs? 3. Imagine all the very best environmental NGO leaders became the leaders in government and business. Then would we still need environmental NGOs?
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WHY NGOS NEED SPACE FROM REGULATION

Paradox: To be an effective NGO, it might need independence from government regulation.
Activities and Mission of NGO naturally change over time (e.g., ABA) Credibility of research and analysis depends on independence (Worldwatch Institute, League of Conservation Voters) Ability to raise questions about and challenge status quo requires independence (NRDC suits against government)

WHY NGOS NEED SPACE FROM REGULATION

Who will protect the public from bad NGOs?
Internal mechanisms of responsibility, transparency, and accountability
- Independent Board of Directors and other governance structures - Open financial records

Oversight by Funders Media supervision Government supervision of financial honesty, as completely separate from evaluation of value of NGOs activities
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WHAT SHOULD GOVERNMENT DO?

Government can make it easier for NGOs to raise money
Tax breaks for nonprofit, charitable activities

Tax breaks for contributions to nonprofit, charitable, activities

- examples of fund-raising events and sales; membership drives; business consultancy

Direct government support

- tricky Rust v. Sullivan (abortion counseling by private clinics) LSC v. Velasquez (raising challenges to laws/regulations in general, not to application of laws in particular case)
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Questions for Consideration

1. Should every cause (e.g., environmental protection, womens rights, labor rights) have an NGO? 2. How do you regulate an NGO to make it a good NGO? Or, what should government do to promote NGOs? 3. Imagine all the very best environmental NGO leaders became the leaders in government and business. Then would we still need environmental NGOs?
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WHY ARE NGOS DIFFERENT FROM GOVERNMENT?

Government Leaders, Business Leaders, and NGO Leaders are each responsible for and accountable to different groups
Even if government/business had the greenest leaders, they still have to meet other responsibilities when they are in that position NGOs can focus on one goal or the interests of one group purely

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WHY ARE NGOS DIFFERENT FROM GOVERNMENT?

Imagine the Kyoto Protocol if only Government and Business Leaders participated in writing it

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Why I Work for an NGO

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NGO career path, sacrifices mission; advocacy people I admire most waiting for better political leaders

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