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Greenpeace rebuts MHA charges

The government has barred Greenpeace India from receiving foreign funds by suspending its licence for six months.

By: Express News Service | New Delhi |
Updated: May 9, 2015 2:46:07 am
Greenpeace Greenpeace India added that despite that ruling, MHA had blocked a sum of approximately Rs 1 crore sent by Greenpeace International on March 23. (Source: PTI photo)

Days  after its accounts were frozen, Greenpeace India accused the government of using “unfounded” allegations in an attempt to “silence” it. The NGO submitted a comprehensive rebuttal of the Ministry of Home Affairs’ show-cause notice and demanded immediate unblocking of its bank accounts.

In its 26-page rebuttal on allegations involving its internal finances and its compliance with the Foreign Contributions Regulation Act, the NGO said the show-cause notice was “riddled” with clerical errors and baseless allegations. It accused the MHA of “leaking misinformation” to the media instead of abiding by the principles of natural justice.

“We have responded in a transparent and honest way,” said Samit Aich, executive director, Greenpeace India.

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“We are confident that this response establishes our legitimacy beyond any doubt. We have addressed every allegation made against us and responded in a transparent and honest way throughout.

“In contrast, the MHA has used unfounded allegations and arbitrary penalties in a blatant attempt to silence us. We remain proud of our campaigns for clean air, water and affordable energy, and refuse to be intimidated by such dirty tricks,” said Samit Aich, executive director, Greenpeace India.

The government has barred Greenpeace India from receiving foreign funds by suspending its licence for six months and freezing all its accounts after alleging that it has “prejudicially” affected the country’s interests.

The rebuttal, which was delivered in person today by an official delegation from Greenpeace India, comes after the NGO recently said it was staring at an “imminent” shutdown within a month in the absence of funds for payment of staff salaries.

Elaborating on some key “weaknesses” in Home Ministry’s case and replying to claims that it had made incorrect statements about foreign contributions, the NGO said that the difference between the Greenpeace and MHA figures is just 0.64 per cent of its entire foreign funding over six years.

“The FCRA only targets ‘knowing errors’. There is clearly no reason for Greenpeace India to either overstate or understate such a small amount knowingly or intentionally,” it said.

The NGO pointed out that, on January 20 this year, Delhi High Court had ordered MHA to unfreeze a previous transfer of funds from Greenpeace International after holding that denial of access to the funds “invoked principles of natural justice”.

Greenpeace India added that despite that ruling, MHA had blocked a sum of approximately Rs 1 crore sent by Greenpeace International on March 23.

“No notice was given to Greenpeace India about this until April 9. By blocking access to these funds and failing to provide reasons for doing so, the MHA has shown flagrant disregard for natural justice and due process. Greenpeace India is now considering appropriate legal action,” it said.

Greenpeace India noted that a “central” claim is that Greenpeace transferred money from its foreign account to its domestic accounts in violation of the FCRA.

In its rebuttal, the NGO said that in order to keep the accounts absolutely clean, the transfers are first made out of the Indian funds and, if any of the expenses incurred can be charged to the foreign accounts, a reimbursement is then made into the Indian accounts.

“This is in no way a violation of the FCRA,” it said. “One of the more bizarre accusations relates to the physical location of the Greenpeace India office, which the MHA claims has moved. The address of Greenpeace’s headquarters in Bangalore is listed clearly on the website and many Indian organisations are registered in a different location to their HQ,” it said.

The NGO said that while MHA claims that it spent over 50 per cent of its foreign contribution on administrative expenses, its own figures show that this figure was less than 15 per cent. It also termed “absurd” the MHA’s claims that research and campaign jobs fall in the administrative category.

Admitting that it had made a “clerical” error in not including a figure of Rs 6,60,31,783 as the opening balance of foreign contribution in 2007-08, the statement said that the Home Ministry has claimed that was “untenable” and used it as a reason to freeze their accounts.

“However, the truth is that Greenpeace did report this amount to the FCRA in its online submission for the same period — which is on the MHA’s website — and also included this figure in the closing balances of the reports. This evidence demonstrates that Greenpeace did not intend to hide anything,” it said.

Meanwhile, earlier today, members of prominent civil society organisations lodged a protest against the orchestrated clampdown on NGOs like Greenpeace India.

The groups have also written an open letter to the prime minister asking him to intervene to uphold democracy and the right to dissent.

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