FRENCH AND FRENCH CITIZENS IN
INDIA
PRESENT STATUS
N.Nandhivarman
The colonial rule created a new class of
citizens, Indian born yet French citizens by option. These Indians have roots
in Pondicherry but have their work and homes in France. For those left in the
soil of Pondicherry France has constitutional arrangements to look after the
interests of Indian born French citizens. This arrangement is unique and
deserves close appraisal. The notification issued by the Rastrapathi Bhavan few
years ago had stated that hereafter the Ministry of Non Resident Indians will
be named as Ministry of Overseas Indian Affairs in English and Pravasi
Bharatiya Karya Mantralaya in Hindi which has come into operation now. But
within our country we have residing Non Resident French citizens but who are
Indians by birth but French citizens by option. It will be interesting to
compare with what French does for Overseas French affairs. When French left
their former colonies, they left large sections that opted to become French
citizens. There are more than 20 million French citizens living abroad in
various former French colonies including Pondicherry, which is a Union
Territory under Indian Union.
One hundred and fifty five delegates are elected
by direct universal suffrage by the French communities abroad for a period of 6
years and this body is presided by the Minister of Foreign Affairs of
France. French citizens in America elect
32 delegates and from Africa 47 seats thus the total of A series of
constituencies is 79. In B series there are 76 seats and the break up is 52
seats from Europe and from Asia-Oceania and the Orient 24. Within these 24
seats two are chosen from Pondicherry. Half of the Electoral College is renewed
every 3rd year. All former colonies are divided into 52 electoral districts,
with one or more delegates per district. A country may have several electoral
districts, just as an electoral district may cover several countries. French
people residing abroad through their 155 representatives elect twelve Senators
to French Parliament. They get elected one-third at a time for 8 years in 2004
and for 7 years in 2007 and for 6 years from 2010
The Constitution of 27 October
1946 (IVth Republic) stipulated that the new Parliament would comprise a
National Assembly and a "Council of the Republic" (as the Senate was
called until 1958) within which "the French of the Exterior" would be
represented. This may be like our lower and upper houses in Parliament. The
National Assembly pondered and decided how to effect this representation. It
decreed, in a resolution dated 13 December 1946, that three "Councillor of
the Republic" seats (out of 320) would go to personalities representing
Non Resident French citizens living in Europe, America and Asia-Oceania-Orient
respectively.
For more than two decade
the following associations were looking after the interests of Non Resident
French citizens in Paris. They are the Union of French Chambers of Commerce
Abroad, the French Overseas Teachers Association, the Non-Resident French War
Veterans Federation, and the Overseas French Union (Union des Franç¡©s de
l?é´²anger, UFE), founded in 1927. These four bodies mooted a suggestion for
creation of a "high council" by the Ministry of Foreign Affairs. The
then Prime Minister, Robert Schuman, and his Foreign Minister, Georges Bidault
signed a Decree setting up the High Council for French People residing abroad.
On 7 July 1948. The first High Council was composed of 55 members: 8 ex officio
members (the three Senator-Councilors of the Republic, the president and
director of the UFE, the presidents of the Chambers of Commerce, of the
Teachers Association and of the War Veterans Federation, 42 elected officials,
and 5 members nominated by the Ministry of Foreign Affairs.” The first CSFE
elections of 1950 were held in seventy countries of Europe, America, Asia and
Oceania, according to a protocol defined in a Ministerial Decree dated 10
December 1949 and signed by Robert Schuman.
Article 24 of the Constitution of
25 September 1958 states, "French nationals settled outside France should
be represented in the Senate." Two Executive Orders were issued, on 15
November 1958 and 4 February 1959 respectively, for organizing this
representation and providing the CSFE with new status. The CSFE, while
retaining its advisory role, became the sole Electoral College for electing
Senators from abroad. Their numbers increased from three to six, two
representing Europe and America, one representing Asia-Oceania and three
representing Africa. It was thus divided into three sections for the Senatorial
elections of 23 April 1959. The CSFE had 84 elected members but it became clear that Europe and America
were under-represented in comparison with Africa. The number of Senators was therefore brought
up to nine for 1962 elections. After the creation of the Democratic Association
of French Citizens Abroad (Association Dé¯cratique des Franç¡©s à ¬?
Etranger - ADFE) in 1980, the CSFE was reconstituted in 1982. The Act of 7 June
1982 paved way for the election by universal suffrage of Delegates to the CSFE,
which (with the exception of twenty-one members chosen for their competence but
not having Senatorial voting rights) was no longer a body of appointed
personalities. And the election of twelve Senators thereafter is only by the
elected members of the CSFE. The Minister of Foreign Affairs defines the
objectives and priorities of the assembly chaired by him. The Senators place
before the Senate, the National Assembly and the Economic and Social Council
the propositions, motions, resolutions and wishes expressed by their electors.
The twelve Senators, ex officio
members of the AFE, can introduce Bills or legislative amendments reflecting
the hopes and needs of French people living aroundtheworld. The French Minister
of Foreign Affairs on the basis of their particular qualifications designates
the appointed councilors. The members of the Council may form political groups. The college of Vice-Presidents (or conference of
Vice-Presidents) enacts the work of the Council and reports back to the
President. The plenary assembly, attended by the ex officio members, the
appointed members and the elected members, meets once a year in Paris at the
beginning of September.
Members are divided among
specialized committees, which prepare reports for submission to the plenary
assembly.
The AFE exercises real political
authority at the moment when Senators representing French people abroad are
elected. Elected AFE members can sponsor a candidate for the French
presidential elections. The AFE is "called upon to give the Cabinet
opinions on matters and projects of concern to French People residing abroad,
and on developing France’s presence abroad". They are not prior opinions,
however. The AFE could rather be said to fulfill the role of a specialized
Economic and Social Council. The Cabinet may consult it, or it may intervene at
its own initiative. AFE members, as elected representatives of the various
French communities abroad, are concerned to defend the interests of French
People residing abroad. They study matters relating to the education of French
people abroad, their rights, their social situation, and their economic and
taxation problems. The AFE may use background studies to inform the French
authorities on specific problems (education, law, social affairs, foreign
trade, taxation, etc) affecting the interests of French People residing abroad.
This French experience is
novel and it must be studied by the Government of India to evolve novel methods
to solve the issues that haunt the Overseas Indians and the newly formed
Ministry must emulate the representative system followed by France. British
left India satisfied with getting 2 nominated M.P Seats in the Loksabha for
Anglo-Indians. France did not plead for seats in the legislature for
Franco-Indians. It worked out the above stated arrangements to manage the
Indian born French nationals. From Fiji to Srilanka people of Indian origin are
there. Will it be advisable if a similar arrangement is made for them under the
aegis of the Ministry of Overseas Affairs? Union Territory Act has provision
for 3 nominated members but it should be done according to the procedure
adopted for Rajyasabha nominations i.e.: educated and social activists alone be
nominated. That is another story.
Problems galore left
by colonial legacy:
Colonial policy had a couple of
goals: (1) to control the supply of valuable raw materials, such as minerals,
petrol, wood, plantation crops such as rubber, sugar, pepper, cotton etc., (2)
to secure a market for the industrial exports of the colonizing country, (3)
country to settle in for the colonizing country's emigrating population, (4)
strategic importance. Let us have a look at the problems left over by the
colonial legacy. In the colonies, decades, in some countries centuries of
colonial rule had resulted in major changes. In many cases, the borders of the
colonies had been unilaterally drawn by Colonial powers with little regard for
ethnicity and history. The border dispute India has with its neighbours is a
left over of the colonial legacy. The contiguity of Pondicherry is missing and
the enclave territories separated by miles scattered as dots remain in Indian
map, which is also an issue of the colonial legacy and poses problem for
gaining statehood to be on par with other Indian states. The infrastructure
established by the colonial administration served mainly the interests of the
colonial administration. There are many fields that warrant a study. More
information may be in French and their archives. It is high time our scholars
scan all such information to provide an in-depth study of Pondicherry's
colonization and decolonization.
While such study into past is
also needed, there is greater need to study how decolorized nations have faced
the challenges in the post-colonial era. We in India are still facing the
issues left by the colonial legacy. Let us see the experience of Singapore and
Malaysia and the issues, which will be of importance too from our standpoint.
Lee Kuan Yew of Singapore stated once that empires never last forever, that
either the master and subject races finally merged to a unified society or the
empire ends with subject races clashes violently and finally emerging as
separate nation and entity. Ironically, his statement can equally be applied to
the independent country of Malaysia where race and racial issues are still a
sensitive and election issue. Ethnocentrism was and is still not something that
can ever be stamped out.
The Kingdom at a
Crossroads written by Marijke van der Meer tells the story of
Surinam. In the late 18th century the British swapped their South American
colony now known as Surinam for Manhattan, then controlled by The Netherlands.
For many years the Dutch reckoned they had the better of the of the deal, after
all the British lost Manhattan quite quickly, while Surinam only gained its independence
in on November 25 1975.
Professor Oostindie
opines that there was not enough time to find solutions to many of Surinam's
long-standing issues. "The Dutch government did whatever was necessary to
accomplish independence," he says, "basically this was done by not
solving several problems such as the border dispute with Guyana. They offered
more development aid than had been conceived of before and they said that all
Surinamers, even five years after independence, would be eligible for Dutch
nationality, stimulating an exodus to The Netherlands. Today there are just
over 400,000 people in Surinam but there are 300,000 people of Surinamese
descent in The Netherlands. The whole demographic growth of this nation has
been in The Netherlands rather than Surinam. The offer of French citizenship to
people of Pondicherry origin by the French created a similar exodus, which
needs a comparative study.
Reports from a wild
country: Ethics of Decolonisation by Deborah Bird Rose explores some of
Australia’s major ethical challenges. Written in the midst of rapid social and
environmental change and in a time of uncertainty and division, it offers
powerful stories and arguments for ethical choice and commitment. The focus is
on reconciliation between Indigenous and Settler? Peoples, and with nature.
The above stated
problems are just examples and lot remains to be studied about the postcolonial
problems left over of the colonial legacies in all former colonies
.
Recolonisation and
Neocolonialism:
Colonization and
decolonization could be understood easily as that process is over and a post
mortem is possible. But what about recolonization? This word entered the
political discourse in the aftermath of Iraqi invasion by America. America of
the 20 th century was not in favour of colonization. But in 21 st century
doubts over its moves aimed at recolonization exists in peoples mind. Neo
colonialism needs a fresh study. Now we are one in India, and we cannot
think Pondicherry in isolation from rest of India and its burning issues.
We
live in an area of free markets. You should remember that the drive to market
their products and purchase our raw materials only opened the doors to colonial
rule few centuries before. History is repeating in a different form. The export
and import of toxic wastes justified in the name of recycling is now one of the
biggest threats to global environment. The import of toxic wastes by Third
World countries is cause of grave concern.
Take for example the Ship Building
Yard at Alang in Gujarat.350 ships are scrapped in India every year. According
to Central Pollution Control Board 12,428 metric tons of hazardous and non
hazardous waste is produced in Alang, which seriously affects soil, water and
air
.
Dr.Wishwas Rane of
All India Drug Action had brought out a comprehensive guide called Banned and
Banable Drugs. That guide lists out 23 out of 80 top selling drugs as
irrational and hazardous. While our country becomes dumping ground for
hazardous pills banned in West, Indian Council for Medical Research has clearly
established that a herbal product Vijaysar obtained from a bark of a tree
Pterocarpus marsupium helps control blood glucose levels, yet it has to take
off and enter the markets. Neocolonialism rules the roost, and we fail to
resist recolonization by west, which is trying to capture our medical market.
You may be aware that the Suez
Canal (1869) and Panama Canal (1915) Sethu Samudram Canal (1860) and Tenth
Degree Canal have been mooted to create short navigational routes to bring
prosperity to their respective regions and countries. The French initiative to
build Siene_Norde Canal is an example for the keen interest evinced by
developing countries to promote trade and overall development.
You must go back
to the pages of history to know that Thailand then known, as Siam is an enemy
country of the British and an ally of the Japan during the World War II. On the
conclusion of the Second World War II, one of the last secretive acts performed
by the colonial Government of India was the signing of a Peace Treaty with Siam
(Thailand). A Peace Treaty between her Majesty’s Government and the Government
of India on one hand and the Kingdom of Siam on the other, on January 1, 1946
at the Government House Singapore. The signatories were for the Britain Mr.
Moberly Dening, Political Adviser to Lord Louis Mount batten, for Government of
India Mr.M.S.Aney and for Siam (now Thailand) Prince Viwat Anajai Jaiyant,
Lt.General Phya Abhai Songgram and Nai Serm Vinichayakul. This treaty contains 24
articles. Out of this Article 7 assumes importance in the context of this
letter.
Article 7: Siam undertakes to
construct no canal linking the Indian Ocean and the Gulf of Siam (i.e. across
the Kra Isthmus) without British consent. (Keesing's Contemporary Archives
1946-48 Vol VI, p 7695). This article had done great havoc to Indian shipping
costing our nation billions of extra money by way of fuel imports, in view of
shelving of the Tenth Degree Canal project with the imposition of a condition
in this Peace Treaty. It has also blocked the economic prosperity of Thailand
and held up the development process by half a century and more.
Government of India
and Government of Thailand must look into the unfavorable conditions imposed by
a colonial rule, that too at the threshold of a defeat in Second World War II
on Thailand, an ally of Japan. It is in the interests of India and Thailand
that a Canal be cut across the Isthmus of Kra where the isthmus narrows to just
75 miles and to develop this canal vigorously so that a detour of 1500 nautical
miles down the Malayan Coast via the Straits of Malacca and up the Gulf of
Thailand in the South China Sea is avoided. The proposed Tenth Degree Canal
will be an extension of the Tenth Degree channel in between Andaman and Nicobar
islands. The opening of Tenth Degree canal will result is saving millions of
tons of fuel foe world shipping. The Tenth Degree canal reduces the importance
of other major canals of the world namely Suez Canal and Panama Canal. The
Tenth Degree Canal would develop Andaman & Nicobar Islands and bring
prosperity to its economy.
But instead of thinking on these lines to
develop Andaman Nicobar islands, the colonial mentality makes us think of
bartering away 23 remote Lakshadeep and Andaman islands to foreigners. In
Kerala people had to resist moves to hand over rivers to multinationals. This
how our Moghul rulers, Sultans, Nawabs, Nayaks and other Indian kings opened
the doors to colonialism in yesteryears. Let not our soil become a breeding
ground for neocolonialism. Let us not welcome recolonisation.
