FRENCH CITIZENS IN PONDICHERRY

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

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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

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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.