The UNGPs, which arguably apply to humanitarian NGOs, describe the scope of the responsibility to respect human rights through the following three categories of involvement in human rights abuses:
- Causation
An organization may cause human rights abuses where its activities (its actions or omissions) affect the ability of an individual or a group to enjoy a human right.246
For example, if an NGO builds housing on the lands of displaced persons, they would be directly causing a human rights abuse – namely of housing, land, and property rights.
- Contribution
An organization may contribute to human rights abuses through its own activities (actions or omissions), either directly alongside other entities, or through third parties (government, armed group, other organizations, or businesses).247
For example, an armed non-state actor (ANSA) may set out to build housing units on lands of ethnic minorities, ultimately resulting in demographic engineering and displacement of local communities. Humanitarian NGOs who offer their services in the form of building these shelters may be unaware of the effect of this project on the human rights of the affected communities, but would nevertheless be contributing to human rights abuses.
- Direct Link
Responsibility can also arise for the human rights abuses of a third party, even if the organization has not caused or contributed to such abuses. Direct linkage refers to a situation where there is a direct link between the operations, activities, or services of an organization and the human rights abuses committed by an entity, including other organizations, businesses, and state and non-state actors, with which it has a business relationship.248
For example, direct linkage could manifest in a situation where an NGO procures building material from a company that avails itself of child labour.
246. UNGPs (n 6) Principle 13: “The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.”
247. Ibid.
248. Ibid.