India Restricts NGO Meetings

The Government of India has recently acted to curtail Freedom of Assembly and Association, and further limit the effective operation of non-governmental organisations (NGOs) in India. From mid-1999, NGOs organising international conferences in India have required prior permission from the Ministry of Home Affairs and other relevant ministries (the clearance requirement). The clearance requirement is not pursuant to any law, rule or guidelines, it is simply the new practice of the Government of India.

In July 1999, three foreign nationals were denied visas to attend the 11th Annual John Hopkins International Philanthropy Fellows Conference on Building Civil Society, being organised by the Development Support Initiative, Bangalore. The individuals were told by the Indian High Commission in London that they should first obtain clearance from the Ministry of Home Affairs in India. The High Commission in London reportedly told the applicants that "all conferences to do with the voluntary sector and which appear to be Government/politically sensitive has (sic.) to get clearance for participants from abroad" (as cited in The Hindu (New Delhi), 25 June 1999).

The precise operation of the clearance requirement is not certain as it does not operate pursuant to an established policy or procedure. It would, however, appear that conference organisers require permission from the Ministry of Home Affairs, then from the nodal Ministry dealing with the subject matter of the conference, and finally from the Ministry of External Affairs, in the event that foreign nationals are participating in the conference. Furthermore, it is mandatory for all foreign nationals attending seminars and workshops organised by the voluntary sector, to first obtain clearance from the Ministry of Home Affairs. They must provide detailed personal information and secure permission before being granted an Indian visa.

When Voluntary Action Network India (VANI)--an NGO based in New Delhi--contacted the Ministry of Home Affairs in relation to the clearance requirement, Joint Secretary Ambuj Sharma informed VANI that "there were no written rules but such was the practice that was being followed for sometime." Yet the procedure has only recently come to the attention of civil society, though there have been other cases of visa denial in the past.

In adopting the clearance requirement, the Ministry of External Affairs has established a firm political control over the subject matter of international conferences and the involvement of foreign nationals in conference regarding politically sensitive issues. The clearance forms from the Ministry of External affairs state that the Ministry takes note of the "political angle" in deciding whether to grant permission for the holding of an International Conference and the participation of foreign delegates.

The final approval is issued by the Ministry of Home Affairs upon consultation with other ministries. The approval--when granted--requires that the full identifying particulars of any foreign participant be furnished in duplicate to the Ministry well before the event. The details should include: the foreigner's name, parentage, nationality, date and place of birth, passport details, present and permanent residential address.

The new procedures provide for a blanket requirement across the NGO sector--all voluntary sector conferences must be approved. At a time when the Government of India is encouraging tourists from abroad to visit India, is selling permanent visas to Non-Resident Indians, and is hoping to attract greater international business; it is stringently restricting international conferences on matters of political sensitivity and limiting the participation of foreign nationals. This development represents a significant political control on the operation of NGOs in India. Through the clearance requirement, the Government of India is deeming some topics for international conferences and the involvement of some participants, off limits.

It should be noted that the clearance requirement is not manifest as a written policy with established procedures. It functions at the whim and fancy of the Government of India. This ad hoc operation places NGOS at a distinct disadvantage in its dealing with the Government of India as the procedure lacks transparency. The clearance requirement procedures are clearly prone to arbitrary use and abuse in the absence of established policies and procedures.

The clearance requirement amounts to a violation of Article 22 of the International Covenant on Civil and Political Rights (ICCPR), which provides for freedom of association. India ratified the ICCPR in 1979. Clause 2 of Article 22 provides that "No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others." Further the clearance restriction threatens the right of assembly and right of association guaranteed in Article 19 (b) and (c) of the Constitution of India respectively. Both provisions provide that the rights are subject to legislation in relation to the public interests--specifying national interests similar to those provided in Article 22 (2) ICCPR.

In relation both to the ICCPR and the Constitution of India, the clearance restriction requirement does not fall as an exception to the rights provided. Even if such conferences could pose a threat to the national interest--which is implied but not substantiated by the introduction of the clearance requirement--it is not prescribed in law. Further, the clearance requirement makes a mockery of the "Action Plan To Bring About A Collaborative Relationship Between Voluntary Organisations and Government" which was adopted by the Government of India in 1994.

The clearance requirement represents another diminution of political space for of NGOs in India. Organisations already working under difficult conditions, must now contend with a requirement that provides a substantial political control over their work, is in violation of India's constitutional guarantees and international commitments, and operates in the absence of an established policy or procedure. In the short term, the clearance requirement means more bureaucratic haggling for NGOs in the conduct of their work--which will unquestionably suffer. In the long term, it poses a considerable threat to good governance and the fundamental rights of all Indians.

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