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In 1986, the late Antonia Cassese lamented that the ‘twilight of the gods [had] not yet arrived’. The source of his sorrow was a perceived lack of involvement by non-governmental organisations (NGOs) in international law. States, he thought, still dominated. In this post we examine the specific example of slavery and I will suggest to the reader that, on the contrary, while states had the last say, it was NGOs who blazed the trial which led to the abolition of slavery. It is they who today continue to raise awareness about ‘modern slavery’ and it is thanks to their tireless efforts that millions have been freed and continue to be liberated from the bonds of servitude.
Before we begin, what are NGOs? Sometimes referred to as ‘civil society’, NGOs according to the World Health Organisation (WHO) are ‘a wide range of organisations, networks, associations, groups and movements that are independent from government and that sometimes come together to advance their common interest through collective action’. One of the largest human rights NGOs in the United Kingdom is Liberty. They help victims to take cases to court and raise awareness about rights by disseminating high-quality resources. International NGOs (INGOs) play the same role but across borders. The two human rights behemoths are Amnesty International and Human Rights Watch: well-funded institutions with a truly global remit.
Slavery and Civil Society: The Early Years
James Somerset was an African slave brought to England from Virginia where he was purchased in the late 18th century by Charles Stewart. Having arrived he managed to escape his captor. Somerset was not at large for long and once apprehended he was stowed away on the ‘Ann and Mary’ ship ready for deportation. However, his short-lived escape had piqued the interest of three abolitionists who issued a writ of habeas corpus before the ship could set sail. The writ was taken up by Lord Mansfield of the Court of King’s Bench and so began the case of Somerset v. Stewart (1772).
Five eminent lawyers represented Mr. Somerset. All did so on a pro bono basis and they were each assisted and instructed by Granville Sharp – one of the first abolitionists in England, with an extensive knowledge of slavery law. Eight months after the case began Lord Mansfield handed down his decision. Although the decision was rooted in the narrow issue of whether any person could be unwillingly removed from the state, Lord Mansfield’s powerful denunciation of slavery buttressed the rallying cry of abolitionists that slavery was contrary to natural law and the British constitution.
What is special about the decision for our purpose is that Granville Sharp was no lawyer. He was a layman and, much like many NGOs today, he frequently brought proceedings to court on behalf of slaves in an attempt to bring about a change in the common law (‘test cases’). Sharp was not alone in his judicial adventures either, as many members of the public – after the case was aired in the press – donated money to Mr. Somerset’s cause. While the link here with modern NGOs is loose, the case of James Somerset demonstrates the power which individuals can harness when they make use of their right to assemble, pool resources and act as a pressure group on a particular issue.
Post-Somerset, NGOs sprouted across the globe and began to germinate around the issue of abolition. The Pennsylvania Society for Promoting the Abolition of Slavery in 1775 came first and was followed twelve years later by the British Society for Effecting the Abolition of the Slave Trade (1787). The Societé des Amis des Noirs (1788) appeared soon after in France. As more and more abolitionist societies blossomed, states began to feel the pressure of the public conscience and in 1815 the Congress of Vienna was convened. Before Britain attended they were handed 800 petitions from various societies, which contained around 1 million signatures calling for the abolition of the slave trade. Although the Congress resulted only in a 'pious declaration', it paved the way for the eventual abolition of slavery.
NGOs are consistently on the front line galvanising the public around important issues, blazing trails and suggesting new standards of justice that are eventually rubber-stamped by sluggish states. Given that modern human rights law is an amalgamation of the laws prohibiting slavery; protecting refugees; regulating wars; granting voting rights and so on, it is fair to say that by shining a light on these issues NGOs have played a huge role in forging international human rights law.
Modern-Day Slavery
We saw above how, by pressuring governments to act, NGOs have historically been setting new standards. Nothing has changed. In England, the NGO Anti-Slavery began lobbying the British government in 2010 to introduce a new law dealing with modern slavery. Their efforts paid off last year with the coming into force of the Modern Slavery Act 2015. The Act was in fact, to some degree, designed with civil society in mind. Its provisions require businesses to publish a slavery and human trafficking statement on their website, increasing transparency and allowing the public, consumers, employees and NGOs to hold them directly accountable.
The United Nations currently lists around 90 organisations which are working, directly or indirectly, to combat contemporary forms of slavery. Each takes its own unique approach. Free the Slaves works principally in India and Africa. Their focus is on advocacy and in 2001 they assisted documentary makers to develop ‘Slavery: A Global Investigation’ which aired on Channel 4 and won the Peabody Award for public service.
To be more effective, some modern NGOs band together to tackle specific issues, such as Action against Trafficking and Sexual Exploitation of Children (ATSEC). ATSEC is an amalgam of 15 NGOs who provide both assistance on the ground and research and raise awareness at the international level.
The last organisation I wish to draw the readers attention to is the important European NGO: the Comp.act Project. They are a litigation NGO who, much like Granville Sharp over 200 years ago, seek out victims of trafficking with a view to helping them navigate frequently complex and alien judicial systems. And, just as Sharp secured the most eminent barristers of the day to work for James Somerset, Comp.act have attained the pro bono partnership of lawyers at Freshfields and Hogan Lovells – two international law firms – to work on their cases.
Entire books have been written about NGOs and their value simply cannot be overstated. Fittingly, Philip Alston and Ryan Goodman have described them as the ‘lynchpins’ of the international legal order. They act not only as pressure groups and trend-setters, but have historically provided crucial assistance to victims of the slave trade. Today, NGOs continue to give up their time to help affected individuals navigate complex judicial proceedings and they continue to bring big issues into the public domain. Ultimately, while it is politicians who must rubber stamp treaties and pass new laws, the ability to tame and leverage the gods through benevolence, activism and ingenuity remains both the right and duty of the private citizen.