May 20, 2013 MR.

TAKEHIKO NAKAO President Asian Development Bank Mandaluyong City, Philippines Copy to: Mr. Ashok K. Lahiri, Executive Director Mr. Anthony Baker, Executive Director Mr. Gaudencio Hernandez, Executive Director Mr. Jerome Destombes, Executive Director Mr. Kazuhiko Koguchi, Executive Director Mr. Mario Sander, Executive Director Mr. Maurin Sitorus, Executive Director Ms. Micheline Aucoin, Executive Director Mr. Robert M. Orr, Executive Director Mr. Yeo Kwon Yoon, Executive Director Mr. Zhongjing Wang, Executive Director Mr. Miliami bin Hamad, Executive Director

Dear President Nakao: We the undersigned would like to express our shock and dismay at the Government of India's action against Indian Social Action Forum (INSAF) in the context of its activities around the 46 th ADB Annual Governors Meeting (AGM). INSAF acted as one of the local host organizations for the communities and the civil society groups attending civil society parallel events organized by INSAF during the AGM held in the first week of May. According to a communication from the Ministry of Home, Government of India (GOI) dated 30th April 2013; the INSAF Bank Account has been frozen because its activities are prejudicial to the public interest. INSAF is a national coalition of 700 peoples movements, social action groups and progressive intellectuals with an active presence in 15 States of India. Its Alliances & Linkages Convenor (former General Secretary) was the former International Committee Convenor of the NGO Forum on ADB. Over the last few years, INSAF has established its identity as a platform where independent and autonomous secular and democratic groups can come together in pursuit of their common aims of protecting democracy, resisting iniquitous forms of globalization and combating communalism. INSAF members have been in the forefront of democratic protests against religious fundamentalism and communal violence. INSAF has consistently highlighted and opposed violations of human rights irrespective of whether they are perpetrated by state agencies, corporations or political parties. One of INSAFs recent focus areas has been on the recent changes in the legal and regulatory framework aimed at criminalizing those who question the authority of the state or challenge its policies. INSAF has petitioned the Supreme Court to knock down the Rule 3 of the new Foreign Contribution (Regulation) Act (FCRA), 2010 that gives the government unchecked and unbridled powers to throttle the activities of organisations working for public causes by branding them

________________________________________________________________________________________ NGO FORUM ON ADB| 85A, Masikap Extension, Central District, Quezon City, 1101, Philippines | PHONE/FAX: +632 921-4412 EMAIL: secretariat@forum-adb.org |WEBSITE: www.forum-adb.org

"political" and blocking their access to foreign funds.1 It appears that the Government of India has now taken action using the powers under Section 13 of the new Act against the very organization challenging the Act. The freezing of INSAFs account occurred during the protesting processions and Peoples Forum Against IFIs coordinated by INSAF as part of parallel civil society events to the ADBs AGM. The timing suggests that the action taken by the GoI was a direct response to INSAFs activities which were critical o ADBs projects and programs. The ADBs Annual Meetings generates civil society activities both inside the AGM, but also outside of the official events. Civil societies, as is custom with many international events, organize parallel activities. We strongly believe it is the ADBs responsibility to ensure that the voices of civil societies, social movements and local communities who express opposition against the ADB can be heard in a democratic space. We urge you as President of the ADB to encourage the GoI to refrain from punitive actions against civil society organisations, and as such to release INSAFs account. The ADBs commitment to civil society participation cannot be taken seriously, if those organisations who express opposition to the ADB in peaceful activities experience repression and relation in any form. Sincerely yours,

HEMANTHA WITHANAGE International Committee Board Convener NGO Forum on ADB

RAYYAN HASAN Executive Director NGO Forum on ADB

The INSAF petition highlights the draconian nature of Rule 3(vi) which debars NGOs from political actions. Under these Rules, the government arrogates to itself the power to take action against any group that habitually indulges in bandhs, hartals, rasta roko, rail roko, or jail bharo - all non-violent and democratic forms of protest and assertion that emerged from our freedom struggle and are now recognised around the world as legitimate forms of protest.
________________________________________________________________________________________ NGO FORUM ON ADB| 85A, Masikap Extension, Central District, Quezon City, 1101, Philippines | PHONE/FAX: +632 921-4412 EMAIL: secretariat@forum-adb.org |WEBSITE: www.forum-adb.org