India: Using Terrorism Financing Watchdog Recommendations to Suppress Civil Society

New Report Exposes India‘s Abuse of FATF Recommendations to Target Civil Society Groups

Introduction

Amnesty International, in a recently released briefing titled “Weaponizing counter-terrorism: India’s exploitation of terrorism financing assessments to target civil society,” highlights how the Indian authorities have been using the recommendations of the Financial Action Task Force (FATF) to crackdown on civil society organizations and activists. The report reveals that these recommendations, intended to tackle terrorism financing and money laundering, have been manipulated to bring in draconian laws and hinder the work of non-profit organizations in India. This abuse of power not only violates FATF standards but also international human rights law.

Curtailing the Non-Profit Sector

Under the Foreign Contribution (Regulation) Act (FCRA), non-governmental organizations (NGOs) in India require a “foreign contribution license” to access foreign funds. However, Amnesty International’s survey indicates that more than 20,600 NGOs have had their licenses cancelled, with nearly 6,000 of these cancellations occurring since the beginning of 2022. The reasons provided by the authorities for these cancellations are often vague, accusing the organizations of “bringing disrepute to public institutions” or working against “public or national interest.” Many NGOs have had to significantly reduce their staff and scale back their programs, hindering their ability to carry out important work.

Violation of FATF Recommendations

The report also highlights how the 2020 and earlier amendments to the FCRA do not align with FATF’s Recommendation 8, which calls for laws and regulations to target only those non-profit organizations identified as vulnerable to terrorism financing abuse. The Indian government failed to conduct any “risk-assessment” of the NGOs, despite FATF specifically highlighting this lack of outreach in its evaluation reports.

The Indian authorities’ actions not only disregard FATF’s guidelines but also contradict the FATF’s own interpretative note on Recommendation 8, which aims to minimize unintended consequences for the non-profit sector by proposing specific and targeted counter-terrorism measures. Therefore, it is clear that the Indian government has failed to comply with both FATF standards and international human rights law.

Abuse of Counter-Terrorism Laws

The Prevention of Money Laundering Act, 2002 (PMLA), and the Unlawful Activities (Prevention) Act (UAPA) were enacted to meet the FATF’s pre-conditions for India‘s membership. However, these laws have been repeatedly criticized by United Nations’ special rapporteurs for their overbroad provisions that violate international human rights law.

The Indian authorities have ignored these calls to amend the laws and continue to apply them in a discriminatory manner against dissenting voices, including activists and journalists. For instance, Umar Khalid, Khurram Parvez, and Irfan Mehraj, among others, have been targeted under these laws on charges of “funding terrorism,” without any trial or due process.

Recommendations and Accountability

Amnesty International recommends that the PMLA, UAPA, and FCRA be repealed or significantly amended to align them with international human rights standards. Additionally, it is crucial that not-for-profit organizations, including those affected by these laws, are consulted in the FATF’s upcoming assessment of India.

The FATF also bears responsibility in ensuring that its recommendations are not weaponized by the Indian authorities to erode the rights to freedom of expression, association, and assembly in the country. Holding the Indian authorities accountable for the misuse of these recommendations is essential for safeguarding civil society and ensuring the protection of human rights.

Conclusion

The new briefing by Amnesty International sheds light on the alarming abuse of power by Indian authorities, who are using FATF recommendations to target civil society groups and activists. This misuse of counter-terrorism measures not only violates FATF standards but also disregards international human rights law.

It is crucial that both the Indian government and the FATF take immediate action to rectify these violations. Protecting civil society, promoting freedom of expression, and upholding the rights of citizens are fundamental pillars of any democratic society. The international community must pay attention to the erosion of these values and hold India accountable for its actions.

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