Hi,
I have replied on the thread on meta. Copying that content here for
reference:
Anirudh has already mentioned most of the points I also wanted to say.
(Check here:
https://lists.wikimedia.org/pipermail/wikimediaindia-l/2019-July/014215.html)
I will add a few more things here. WMF is very very keen on all kinds of
legal compliance. The recent example is the "Germany court order".
Surprisingly, possibly for the first time in Wikipedia history, all the
relevent content was WIPED out from Wikipedia within a day of the court
order where only one person was affected by the content. Compared to that,
here in India, FCRA issue is affecting thousands of organisations in a
serious way and AFFCOM is still not able to understand the FCRA compliance
issue. (Maybe, compared to Indian languages, German language is better
understood by concerned people!!)By the way, What was the support given by
WMF/AFFCOM to WMIN in the FCRA matters? Have they provided any consultant
or legal help to WMIN. Or even some high level contacts in the concerned
Government office to put up our case further.It will also be interesting to
know if by any chance, CIS looses FCRA, (I sincerely wish that does not
happen anytime) AFFCOM/WMF will remove their affiliation? Read the WMF news
article here:
https://wikimediafoundation.org/news/2019/04/11/a-german-court-forced-us-to-remove-part-of-a-wikipedia-articles-history-heres-what-that-means/
Indian
Wikipedian community is very very keen on expenditure, especially wherever
they feel that some wrong expenditure is made (not just by Indian
organisation but even when WMF money is spent) They become very very
concerned about it and become very vocal. Mail thread goes on for months
asking for justificaiton of such expenditure.(eg. check here:
https://lists.wikimedia.org/pipermail/wikimediaindia-l/2018-July/013400.html)
Hardly anyone from WMF/AFFCOM comment on it. Compared to that, when India
chapter is not spending any money and doing all zero budget activities,
what could be the problem with it for the community or AFFCOM or WMF.
Actually they should appriciate and should be happy about saving lots of
money and still doing activities. The closure of India chapter topic comes
up again and again and some lengthy discussions happen on it. I am
referring to one such mail thread a few years back and specificaly want WMF
people to read my comment that time in a reply to Gerard Meijssen. Please
check it out here:
https://lists.wikimedia.org/pipermail/wikimediaindia-l/2014-September/011563.html
Now
that AFFCOM is showing so much concern about the India activities, it will
be better if they can tell us (the stake holders in this- Indian
Wikipedians, volunteers, current and past WMIN EC members and general WMIN
members) the comparision of performance of affiliates in India namely WMIN
and CIS-A2K. What is the expenditure on various activities, paid staff etc
etc. And give us a clear understanding of where the real objection is. I
suppose this should be with reference to the contract between WMF and WMIN.
I read the contract document again some time back and could hardly see any
possible serious violation of the contract that AFFCOM is referring to.
Regards
-Sudhanwa


On Thu, Jul 18, 2019 at 5:13 PM Anirudh S. Bhati <anirudh...@gmail.com>
wrote:

> For now I am not going to get into other issues, but would like to get
> clarification on the following:
>
> On Thu, Jul 18, 2019 at 6:20 PM Chris Koerner <ckoer...@wikimedia.org>
> wrote:
>
>>
>> Wikimedia India was first recognized as a chapter in 2011. In 2015, it
>> experienced difficulties meeting chapter agreement obligations.
>> Working with the Affiliations Committee and the Foundation, the
>> chapter developed a plan of action and returned to good standing by
>> 2017. However, between 2017 and 2019
>>
>>
>> *the chapter was unable to secure a license to act as a fiduciary
>> organization, and is not currently legally registered as a charity in India
>> to accept funding from the Foundation*. The Foundation and Affiliations
>> Committee both hope that
>> this licensing and registration can be secured, and that the chapter
>> will again be eligible for recognition.
>>
>
> AFAIK, the Wikimedia Chapter (Wikimedia India) *is* registered as a
> charitable society under the Karnataka Societies Registration Act.
> Therefore, it *is* a fiduciary organization acting in public interest.  I
> would like to hear a clarification on your claims above.
>
> Further, my understanding is that the Chapter has been unable to
> renew/secure its permissions under the Foreign Contribution (Regulation)
> Act, which prevents it from receiving funds from foreign sources, including
> the Foundation.  This is not a situation unique to Wikimedia India, as more
> than 20,000 NGOs nationally faced cancellations of their licenses last year
> due to reasons that have largely to do with politics rather than compliance
> related issues.
>
>
> https://www.firstpost.com/india/fcra-licences-of-20000-ngos-cancelled-act-being-used-as-weapon-to-silence-organisations-3181560.html
>
> If the inability of Wikimedia india to secure these permissions is one of
> the primary reasons for de-recognition, as a founding member of Wikimedia
> India and as someone who is largely an external observer, it appears to me
> that the Foundation is choosing to punish the chapter for not having the
> political clout to retain its license.  For most of its existence, the
> Wikimedia Chapter has been a volunteer-run body with limited expertise in
> public policy.  Can you please clarify whether the Foundation has extended
> support to the Chapter in form of, for example, contracting a government
> relations specialists to help renew/secure their FCRA license?
>
> Looking forward to hearing from you.
>
> Yours,
> Anirudh
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