NGOs under European Convention on Human Rights / Tymofeyeva

3) does not use or promote violence or have clear connections with criminality; and 4) has a formal existence, meaning that it normally does, but not necessarily, enjoy legal personality under national law with a statute and a representative structure. 26 This description is very grounded and precise. To sum up, it is possible to conclude that according to Ms Anna-Karin Lindblom the term ‘NGO’ signifies a non-profit making, independent-from-the-government organisation with a legal existence, which conducts no any criminal activity. Another theorist, Lloyd H. Mayer , has conducted special research regarding the involvement of NGOs into the proceedings before international human rights bodies. For these purposes, he clarified that the ‘NGO’ is a unit with the three following characteristics: 1) formally established, 2) organizationally independent from the government, and 3) non-profit. 27 This explanation is very similar to the one provided by A. K. Lindblom. It comprises three of the four features she presented. Menno T. Kamminga gives a negative definition of the term ‘non-governmental organisations’ by explaining what they are not: “First and foremost, NGOs are private structures in the sense that they are not established or controlled by States. This distinguishes NGOs from inter-governmental organizations (IGOs). Secondly, NGOs do not seek to overthrow governments by force. This distinguishes them from liberation movements and armed opposition groups. Thirdly, while NGOs may seek to change government policies they do not aim to acquire state power themselves. This distinguishes NGOs from political parties. Fourthly, while NGOs may be engaged in fund-raising and merchandizing activities, they do not seek financial profit for their own sake. This distinguishes NGOs from companies. Fifthly, while some NGOs may occasionally engage in civil disobedience, they are generally law-abiding. This distinguishes NGOs from criminal organizations”. 28 With reference to the Encyclopaedia of Public International Law, he also writes that the concept of NGOs may encompass multinational corporations and even national liberation movements. 29 By stating that NGOs do not look for pecuniary revenue, M. T. Kamminga denies the understanding of non-governmental organisation as a business entity as it is doubtful that multinational corporations would function without following an aim to receive profit. Similarly, it is hard to imagine any national liberation movements that do not pursue an aim to change the government. Examples in history show the use of force for these movements was an indispensable

LINDBLOM, 2005, cited above, p. 52.

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27 LLOYD, H. M. NGO standing and influence in regional Human Rights Courts and Commissions, Brooklyn Journal of International Law, Vol. 36, 2011, p. 911. 28 KAMMINGA, M. The Evolving Status of NGOs under International Law: a Threat to the Inter-State System? in ALSTON, P. Non-State Actors and Human Rights . Academy of European Law European University Institute in collaboration with the Center for Human Rights and Global Justice, New York University School of Law, Oxford: Oxford University Press, 2005, p. 96. 29 Ibid. , p. 95.

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