India’s Foreign Contribution Law: NGOs

Amanda Milling Excerpts

Wednesday 25th May 2022 Westminster Hall

[The Minister for Asia and the Middle East (Amanda Milling)]

Thank you, Mr Twigg. Fortunately, I wrote down the time that we started, so I have had an eye on what time I need to sit down. It is a real pleasure to serve under your chairmanship, and I thank the right hon. Member for East Ham (Stephen Timms) for securing the debate. I also thank hon. Members who have contributed to it. It is always a pleasure to see the hon. Member for Strangford (Jim Shannon)—I think we have been in this Chamber several times over the last couple of days—and the hon. Member for Manchester, Gorton (Afzal Khan), and I will address some of the points that have been raised.

It is important to start by saying that the Government firmly believe that a vibrant civil society is central to any democracy. NGOs and civil society organisations in the UK and overseas make huge contributions by holding Governments to account and promoting respect for human rights. The Government support and work with a wide range of NGO partners through our programmes around the world, including in India. India is the world’s largest democracy, and it has a proud democratic tradition and a history of inclusive government. As with all democracies, we look to work with the Government of India to uphold their democratic values, norms and principles.

The Foreign Contribution (Regulation) Act, which is otherwise known as FCRA for the benefit of brevity, regulates how NGOs and other civil society organisations can receive foreign funding for their programmes and activities in India. Versions of the legislation have been in force since 1976. It was amended by the previous Government of India in 2010, and by the current Government of India in 2020. Any NGO that receives foreign funding now needs to apply for a FCRA registration number and renew its registration every five years. Since the FCRA was last amended, a number of NGOs have had their applications to renew foreign funding licences rejected, and I will talk about the number of cases in a moment. They include organisations with which we work directly, and it has had a significant impact on their ability to operate. As has been mentioned, some organisations, such as Missionaries of Charity, have succeeded in having their registration restored, but others have not. The UK’s strong and growing partnership with the Government of India enables us to discuss concerns where we have them. We continue to believe that NGOs make a vital and positive contribution to society. As with all countries, we will always welcome more progress on these issues.

Through the British high commission in New Delhi, we monitor developments relating to the Foreign Contribution (Regulation) Act. In particular, we look out for any impacts on UK Government-funded programmes and the work of British NGOs in India. We talk to the NGOs affected and encourage them to seek recourse, including through the Indian courts, where it is appropriate. We have also raised their cases with the Indian Government directly, at ministerial and senior official levels. That includes the issues faced by Oxfam India, the recent cancellation of the foreign funding licence of the Commonwealth Human Rights Initiative, whose headquarters are in Delhi, and the freezing of Amnesty International India’s bank accounts.

As mentioned by the right hon. Member for East Ham, in February the Home Office permanent secretary raised difficulties facing Oxfam India with his Indian counterpart, during our home affairs dialogue.

[Jim Shannon]

This has been a week where we have been regularly in debates, as the Minister knows. The figures are that 12,580 NGOs had their licences revoked. That is reaching almost epidemic proportions. Has the Minister had a chance to oversee that number of organisations? If so, is there a programme of trying to address all those 12,580 NGOs that have had their licences revoked? I do not expect an answer today.

[Amanda Milling]

The hon. Gentleman is passionate on so many different issues, particularly defending freedom of religion or belief. Regarding the number he referred to, we do raise cases with the Government of India directly. I would happily pick this up after the debate and write to Members.

[Jim Shannon]

All three of us.

[Amanda Milling]

I will.

[Stephen Timms]

I welcome the intervention of the Home Office permanent secretary. Can the Minister tell us whether the case of Oxfam India has been taken up by Ministers, perhaps by the Prime Minister when he recently visited India?

[Amanda Milling]

With regard to the case of Oxfam India, the British high commissioner to India met with the CEO of Oxfam India on 14 January, to understand their concerns and offer support. As I said, that was discussed by the Home Office permanent secretary during the home affairs dialogue in February, as well. Turning to Amnesty, we remain in contact with Amnesty, and officials last met Amnesty International UK on 4 May this year.

In addition to financial regulations, some NGOs and civil society activists have faced difficulties in India as a result of security legislation. We have also raised that issue with the Government of India. Our relationship with India is very important and central to our foreign policy tilt towards the Indo-Pacific. Our 1.6 million diaspora community provides a unique living bridge of people, commerce, ideas and culture between our countries. A year ago, the UK and Indian Governments committed to strengthen our relationship through the new comprehensive strategic partnership.

[Afzal Khan]

There is no doubt about the importance of our good, strong relationship with the Indian Government but, as I said earlier, Mohammed Yasin Malik and other Hurriyat leaders have today been given life sentences for a very basic thing—wanting freedom. It is India that is occupying that place. As good friends of India, should we not be reaching out and telling it to obey the UN resolutions?

[Amanda Milling]

There are a couple of points I want to make. No aspect of our strong relationship with India prevents us from speaking frankly about issues with it. On the case that the hon. Gentleman refers to, we are monitoring the trial. We note that Mohammed Yasin Malik has been charged under Indian law, and we cannot intervene in the independent judicial process of another country, but we urge all countries to respect and uphold their international obligations regarding the treatment of detainees. These strong relationships enable us to have meaningful dialogue, and we can speak frankly where necessary.

Our relationship with India supports regional and global security and prosperity. A year into the road map, we have made excellent progress. As has been mentioned, the Prime Minister visited India last month to build on it further. He and Prime Minister Modi discussed the need for democracies to work together. On regional global security, they reiterated their commitment to transform defence and security relations and enhance co-operation in support of a free, open and secure Indo-Pacific.

There are lots of other areas of importance, such as joint work on research and development to deliver next-generation capabilities across land, sea, air, space and cyber. The Prime Minister also announced a raft of commercial agreements to boost our trade, investment and technology partnership. During the visit, UK and Indian businesses confirmed more than £1 billion in new investment and export deals in sectors from software engineering to health, creating almost 11,000 jobs in the UK.

Our Prime Minister also set a target to conclude the majority of talks on the comprehensive and balanced free trade agreement by the end of October 2022—a deal that could supercharge our trading relationship and boost jobs and wages here in the UK. Moreover, the Prime Ministers underlined their firm commitment to take ambitious action on climate change, and co-operate closely to deliver on the Glasgow pact. The visit reflected the breadth and depth of our relationship, and how it continues to deliver for the people of both countries.

[Stephen Timms]

I am grateful to the Minister for setting out the increasingly close nature of the relationship. Can she assure us that Ministers will make representations to the Indian authorities about the position of Oxfam India in order that it can continue to obtain income from outside the country?

[Amanda Milling]

As I have said in relation to a number of cases, hon. Members should be reassured that they are raised by senior officials and Ministers. We continue to monitor and raise the difficulties faced by some NGOs in India. We also continue to support Indian civil society and NGOs through programmes and the endorsement that comes from our relationship with them.

Our relationship with India, as democracies and friends, is important and will continue to grow. It is a partnership with the potential to deliver for the people of both our countries and beyond.

Question put and agreed to.

Resolved,

That this House has considered the impact of India’s foreign contribution law on NGOs.