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In recent developments, Amnesty International India has suspended its human rights operations in the country. The move comes after the Indian Government froze the organization’s local bank accounts and ordered an inquiry by the Central Bureau of Investigation (CBI) into its operations.
Amnesty’s Allegations
Amnesty International India argues that the government’s actions are connected to the organization’s consistent calls for transparency and allegations against human rights abuses within the country. They note that the European Union has expressed concerns over these actions, acknowledging the crucial work of Amnesty International globally.
Recently, Amnesty International India had advocated for independent investigations into all claims of human rights abuses by the police during the north-east Delhi riots. The organization also called for the formation of the National Commission for Human Rights in Jammu and Kashmir.
Government’s Accusations
The Indian government has responded to these allegations, stating that Amnesty International is disregarding Indian laws. The government opposes interference in internal political discussions by entities funded through foreign donations, a policy it maintains applies equally to all, including Amnesty International.
The government accuses Amnesty of skirting the Foreign Contribution (Regulation) Act, 2010 (FCRA) regulations. It alleges that Amnesty UK has transferred significant sums of money to four India-registered entities by labeling it as Foreign Direct Investment (FDI). Additionally, substantial foreign funds were also allegedly sent to Amnesty (India) without the Ministry of Home Affairs’ approval under FCRA. These actions, the government states, violate established legal provisions.
Background Information
Over the past five years, numerous foreign donors including Compassion International, World Movement for Democracy (WMD), and Greenpeace have faced government action due to FCRA violations.
New Rules for NGOs Under FCRA Amendment, 2020
The Foreign Contribution (Regulation) Amendment Bill, 2020, recently passed in Parliament, modifies the existing FCRA. To receive foreign funds, NGOs must register with the Ministry of Home Affairs and acquire a unique FCRA registration number, renewable every five years.
Additionally, every FCRA-registered NGO must open an FCRA-marked bank account with a designated State Bank of India branch in New Delhi. The amendment also lowers the cap on administrative expenses from 50% of received foreign funds to 20% and prohibits the transfer of foreign grants to partner organizations or associated persons.
Criticisms and Advantages of the Amendment
The FCRA amendment has sparked criticism, largely because it is perceived as an attempt to suppress dissenting NGOs. On the other hand, proponents argue that the amendment strengthens compliance mechanisms, promotes transparency and accountability, and helps prevent fraud, thereby protecting national sovereignty.
About Amnesty International
Amnesty International, founded in London in 1961, is an NGO that shines a spotlight on government and institutional human rights abuses, as recognized in the Universal Declaration of Human Rights (1948). Its areas of focus include freedom of speech, freedom of conscience, and the right against torture. The organization received the Nobel Prize for Peace in 1977. AI India, based in Bangalore, Karnataka, is part of Amnesty International’s global human rights movement.