Tough visa rule for INGO staff

Govt. in fresh move to check invasion by foreign groups

By Rohan Abeywardena

The Government has introduced tough new conditions on the issue of fresh visas for foreign staff of International nongovernmental organizations (INGOs). A new circular setting out the guidelines has been issued by Dr U. Vidanapathirana, Secretary to the Ministry of Internal Administration.

Titled ‘Circular and Guidelines on Issuance of Visas and Work permits for Expatriates Working and Seeking to Work in Voluntary Social Service Organizations/NGOs,’ according to Government sources, it is aimed at bringing discipline into hundreds of NGOs that flooded the country in the aftermath of the 2004 tsunami disaster.

As there was little or no supervision at the time, some of the fly-by-night NGOs even decamped with monies they had collected to help victims here and some others who had completed the tasks they came to achieve have simply converted themselves into other tasks or have even taken to ventures, which have nothing to do with any social service.

Sources alleged that possibly with those funds one or two such volunteers have even set themselves up in tourism ventures here.

Some of the salient features of new visa guidelines are:

• Residence visas are issued by the Controller General of Immigration and Emigration for the expatriates who are holding entry visas on the recommendation of the Director of the National Secretariat for Non-Governmental Organizations subject to a minimum period of one year.

• Foreign nationals holding tourist visas are not recommended or considered for granting of Residence Visas.

• Controller-General of Immigration and Emigration may carry out any investigation including security concerns in consultation with the Ministry of Defence/intelligence agencies before granting entry or residence visas.

• Maximum period of visas for an expatriate to work in Sri Lanka is not more than three years.

Under the new guidelines foreigners can only be employed by an NGO only on their expertise and that too after a number of attempts made locally to recruit such an expert. The Sunday Times reliably learns that though the NGOs are required to be registered under the Voluntary Social Service Organizations Act No. 31 of 1980, there are many local and foreign NGOs which are functioning here having registered themselves as limited liability companies with the Registrar of Companies.Companies Registrar D.K. Hettiarachchi, who is aware of the problem, told the Sunday Times that there are no provisions under the law to prevent anyone engaging in any lawful activity from registering a company for the purpose.

He said there are many companies without a share capital and dependant on donations that are registered with his department without the usage of the word limited liability. Instead they use the word ‘Guarantee’ in their name and they are in business after publishing a notice in the newspapers.

The word ‘Guarantee’ implies that a company will meet any costs in the event of its liquidations. Recently it was found that the International Crisis Group, which caused a storm here last year, too, is operating through a company registered here in 2006 under the name “International Crisis Group (Guarantee) Limited”

On July 29, 2007, ICG President Gareth Evans delivering the eighth annual Neelan Thiruchelvan Memorial Lecture under the auspices of the International Centre for Ethnic Studies, Colombo caused the storm by speaking on the topic “The Limits of State Sovereignty: The Responsibility to Protect in the 21st Century”

The lecture also briefly discussed applicability of R2P to Sri Lanka and argued that it could provide a framework for cooperation between the international community and the Sri Lankan government to prevent further escalation of the long-running conflict and further deterioration in the rule of law and ethnic relations. The lecture prompted widespread concerns here that R2P was being used to make a case for foreign military intervention in Sri Lanka.

However, The Sunday Times learns that the ICG’s local outfit, is eagerly following guidelines laid down by local authorities. And it has even gone to the extent of publishing on its web page a clear cut message to allay all local fears. The special message concludes by stating:”….the International Crisis Group has not called for, does not support, and does not have any plans to support any military intervention into Sri Lanka. The ICG has never questioned the sovereignty or territorial integrity of Sri Lanka: Indeed it has publicly called on the Liberation Tigers of Tamil Eelam to renounce any claim to an independent state. It has always tried to work with the government of Sri Lanka to assist it in better protecting its citizens from the horrors of war and terrorist attacks.”

On May 15 its Senior Analyst Dr Allan Keenan’s visa was extended by six months by the Immigration and Emigration Department with the stipulation that during this period that it signs an MOU with a line ministry to oversee its activities.

Dr Keenan, who is no stranger to Sri Lanka, having done extensive research here in the past as a student and academic, told us that they had no axe to grind and they were only interested in doing constructive and critical research here. All research work they have so far completed can be viewed on their web site http://www.crisisgroup.org