Commitments of SAARC summits: An analysis

Commitments of SAARC summits: An analysis

Md. Joynal Abdin

The Daily Financial Express on May 20, 2010

The 16th SAARC Summit held on 28-29 April 2010 in Thimphu, Bhutan. South Asian people got another declaration on economic cooperation, poverty alleviation, environmental safety, cultural bonds, scientific excellence, fighting terrorism, security of small states, increasing standard of living, and unique regional stand in the international forums from SAARC leaders. These declarations are the most important documents of the willingness of our leaders for development of South Asia. We got 709 commitments from our leaders, Among these 86 commitments are directly or indirectly related to trade and development. Now, it’s time to evaluate them.

1st SAARC Summit was held in Dhaka, Bangladesh on 7-8 December 1985. The article 4 of the Dhaka declaration described that the achieving the goals of SAARC it needs to accelerate the process of economic and social development in member countries through the optimum utilisation of their human and material resources.

In second SAARC summit held in Bangalore, India on November 17, 1986 the article 4 was repeated and that it identified some fields of cooperation, exchange of ideas, experience and technology as well as goods and services, which utilise and enhance the productive capacity of each of the countries and build their collective self reliance in article 3 & 5. But a major shortfall of that declaration was that it did not identify implementing national body in each country.

The 3rd SAARC Summit held in Katmandu, Nepal on November 4, 1987 took the group a step forward by fixing modalities for studies to be carried out for cooperation in the areas of trade, manufacturing and services. Leaders of that summit emphasised on timely completion of the task.

Demand for closer connection among the SAARC people saw a breakthrough through VISA exemption system, stated in article – 15 of 4th SAARC Summit held in Islamabad, Pakistan on 31st December, 1988. Article 26 of 4th SAARC declaration made another stride by conceiving the idea of WTO trade regime in South Asia.

The 5th SAARC Summit held in Male, the Maldives on 21-23 November, 1990, did not discuss trade related issues although article 15 sought funding for regional project. However, article 21 called 2nd ministerial meeting for talks on economic cooperation.

In the 6th SAARC Summit held in Colombo, Sri Lanka on 21st December 1991 article 4 stated the need for dotting priorities of their respective national economies. The leaders felt, for the further development of their economies, the importance of securing less restrictive trading and marketing opportunities for their products, more extensive technology and resource transfers, debt relief and access on favorable and more concessional terms to resources from multilateral financial institutions. They agreed to keep an open dialogue on these aspects through mutual consultations. Though the decision took place earlier it has not been implemented until now. Other major outcomes of 6th SAARC summit were the establishment of the Committee for Economic Cooperation, and formulating SAARC Fund for Regional Projects (SFRP).

Article – 14 of 7th SAARC Summit held in Dhaka, Bangladesh on 11th April 1993, emphasized the need for liberalising trade as early as possible through a step by step approach. The leaders underscored that this should be done in such a manner that all countries in the region could share the benefits of trade expansion equitably. The framework Agreement on SAARC Preferential Trading Arrangement (SAPTA) was finalised in the same summit.

The 8th SAARC Summit held in New Delhi, India on 2-4 May 1995. Article 13 & 14 of the declaration hoped that SAPTA would be in action within shortest possible time and it happened. Article 48 of the same summit gave us another hope by endorsing the establishment of three windows –South Asian Development Fund with the merger of SAARC Fund for Regional Projects and the SAARC Regional Fund and social development and infrastructure development. But till now we are in dark about performance of these windows.

Article 17 of the 9th SAARC Summit held in Malé, Maldives on 12-14 May 1997 agreed that the efforts to enhance trade and economic co-operation in the region would be further strengthened by initiating specific steps to promote and protect investment, increase complementarities in economic activities of member states and other measures supportive of promotion of SAARC joint ventures. After 13 years we still do not see any active step to implement this article.

Article 19 of the same summit states: “The governments noted that inadequate communications facilities amongst the member states were a major hindrance to closer economic co-operation. They stressed the importance of developing infrastructure and adequate communication networks among member states to reinforce the process of economic co-operation. In this regard, they highlighted the need for the simplification of complex documentation procedures and transactional software to facilitate economic interaction across the region”. But, until now, Bangladesh does not have direct shipping line with many SAARC countries. Transit & transshipment issues are till being debated. So, problems have been identified, but we are not taking active steps to solve them, It means we are not willing to activate SAARC as a successful regional grouping.

In 11th SAARC Summit declaration held in Katmandu, Nepal on 4 to 6 January 2002 article -7 gave new directions “recognizing the need to move quickly towards a South Asian Free Trade Area, the heads of state or government directed the council of ministers to finalize the text of the Draft Treaty Framework by the end of 2002. They also directed that in moving towards the goal of SAFTA, the member states expedite action to remove tariff and non-tariff barriers and structural impediments to free trade. They were also instructed to conclude the meeting of the inter-governmental group on trade liberalisation for the Fourth Round of Trade Negotiations under SAPTA as early as possible as per the decision of the Tenth SAARC Summit in Colombo”.

The 12th SAARC Summit held in Islamabad, Pakistan on 4-6 January 2004 declared another millstone in its article – 3 “We reiterate our commitment made at the 11th SAARC Summit at Katmandu in January 2002 for the creation of a South Asian Economic Union. In this context, we underline that creation of a suitable political and economic environment would be conducive to the realization of this objective”. But after 6 years of the promises there is no sign of making the Economic Union a success. To implement this article each member country should establish an independent commission to deal with the SAARC integration issues and coordinate among the ministries to facilitate the process. Otherwise a SAARC Secretariat can transform into SAARC parliament to make the integration happen.

Some more important issues were discussed in the 12th SAARC summit these are regional energy sharing, transportation, transit and connectivity, public private sector cooperation, joint venture project in SAARC region, harmonization of standards, simplification of custom procedures, as well as cooperation among the central banks, united effort for promoting tourism in South Asia. But none of the issues are resolved though these are the prerequisites for regional economic cooperation leading to integration.

13th SAARC Summit was held in Dhaka, Bangladesh on 12 – 13 November 2005. The Article -15 of this declaration said: “They reiterated the need to strengthen transportation and communication links across the region for accelerated and balanced economic growth. They directed further measures aimed at trade liberalization, as provided for in the SAFTA Agreement. They noted with satisfaction the ongoing SAARC Regional Multimodal Transport Study to enhance transport connectivity among the Member States. The Heads of State or Government agreed to undertake trade facilitation measures, including transit among SAARC countries, on the basis of understanding among concerned countries, for enhancing intra-regional trade and other economic activities. They noted the Indian proposal in this regard. They agreed to study the proposal by India for daily air service facility by designated airlines, on a reciprocal basis and without prejudice to existing rights, to all the SAARC Member States and also the proposal to extend fifth freedom rights to designated airlines from the Member States, both intermediate and beyond, within the SAARC region on a reciprocal basis” should be implemented as soon as possible to achieve projected outcome from SAARC.

Connectivity, energy crisis, and need for implementing SAFTA accordingly, trade facilitation; regional hydroelectric grid, gas pipeline etc were discussed in 14th & 15th SAARC summits. But there was no mention of implementing agency, monitoring body, intra country coordinating committee. As a result all these good ideas may not be materialised or suffer long delay.

However, the article -5 of latest 16th SAARC summit held in Thimphu, Bhutan on 28-29 April 2010 stated: “The Leaders agreed that the scope and substance of cooperation had expanded to diverse fields, providing a firm basis for genuine partnership. However, a number of these had not translated into meaningful and tangible benefits to the people. They, therefore, highlighted the need for more efficient, focused, time-bound and people-centric activities and called for appropriate reflection of all the SAARC decisions into the national policies and programmes of member states. They resolved that the Silver Jubilee Year should be commemorated by making SAARC a truly action-oriented by fulfilling commitments, implementing declarations and decisions and operationalizing instruments and living up to the hopes and aspirations of one fifth of humanity”. Now is the time to implement all the SAARC declarations effectively with a time bound limit as stated in the above article.

We have to strengthen SAARC for quicker integration of the region, because integrated South Asia may be more resourceful than any other region in the world including the European Union. 

SAARC, 18th summit, Novemeber, 26-27,014. Kathmandu Declaration

KATHMANDU DECLARATION

"Deeper Integration for Peace and Prosperity”

The President of the Islamic Republic of Afghanistan His Excellency Mohammad Ashraf  Ghani; the Prime Minister of the People’s Republic of Bangladesh Her Excellency Sheikh Hasina; the Prime Minister of the Kingdom of Bhutan His Excellency Tshering Tobgay; the Prime Minister of the Republic of India His Excellency Narendra Modi; the President of the Republic of the Maldives His Excellency Abdulla Yameen Abdul Gayoom; the Prime Minister of Nepal Right Honourable Sushil Koirala; the Prime Minister of the Islamic Republic of Pakistan His Excellency Muhammad Nawaz Sharif; and the President of the Democratic Socialist Republic of Sri Lanka His Excellency Mahinda Rajapaksa;

Having met at the Eighteenth Summit meeting of the South Asian Association for Regional Cooperation (SAARC) held in Kathmandu, Nepal on November 26-27, 2014;

Reaffirming their commitment to the principles and objectives of SAARC for ensuring the welfare and quality of life of the peoples of South Asia;

Recognizing that after nearly thirty years of its existence, it is time to reinvigorate SAARC’s regional cooperation and revitalize SAARC as an effective vehicle to fulfill the developmental aspirations of the peoples of South Asia;

Determined to deepen regional integration for peace and prosperity by promoting mutual trust, amity, understanding, cooperation and partnership;

Declared as follows:

Regional cooperation

1. The Heads of State or Government expressed their strong determination to deepen regional integration for peace, stability and prosperity in South Asia by intensifying cooperation, inter alia, in trade, investment, finance, energy, security, infrastructure, connectivity and culture; and implementing projects, programmes and activities in a prioritized, result-oriented and time-bound manner.

South Asian Economic Union (SAEU)

2. The Leaders renewed their commitment to achieve South Asian Economic Union (SAEU) in a phased and planned manner through a Free Trade Area, a Customs Union, a Common Market, and a Common Economic and Monetary Union.

3. The Leaders acknowledged that SAARC Member States, particularly the Least Developed and Landlocked Member States, face structural constraints and challenges that result in their weak productive capacity affecting their competitiveness in external trade due to, among others, high trade and transit cost. They committed to enhance support to the Least Developed and Landlocked Member States in their development efforts, with a view to ensuring equitable benefits of free trade arrangements. In this context, they agreed to effectively implement the existing preferential facilities under SAFTA and SATIS.

SAFTA and Trade Facilitation

4. Directed SAFTA Ministerial Council and SAFTA Committee of Experts to accelerate free trade in goods and services in the region putting into operation simplified and transparent rules of origin; implementation of trade facilitation measures; harmonization of standards relating to Technical Barriers to Trade (TBT) and sanitary and phyto-sanitary measures; harmonized, streamlined and simplified customs procedures; elimination of non-tariff and para-tariff barriers; and smooth and efficient transit and transport facilities.  They also called for early operationalization of SATIS by finalizing the schedule of commitments.

5. They called for timely and comprehensive reforms of the global economic and financial architecture to make it inclusive and responsive to the needs of Least Developed, Land-locked, and Small Island Developing States (SIDS).

6. They reaffirmed that SIDS would require special attention in view of their unique circumstances and particular vulnerabilities in realization of sustainable development.

SAARC Development Fund

7. They agreed to strengthen the Social Window of the SAARC Development Fund (SDF) and operationalize its Economic Window and Infrastructure Window at the earliest for effective implementation of regional and sub-regional projects. In that context, they stressed on expeditious development of projects under SDF addressing the livelihood issues of the peoples of the region. They agreed to expand the Governing Board of SDF by including a representative of the National Focal Point of the Member States.

Connectivity

8. The Heads of State or Government welcomed the significant progress towards finalization of the SAARC Motor Vehicles Agreement and SAARC Regional Railways Agreement and agreed to hold a Meeting of the Transport Ministers within three months in order to finalize the Agreements for approval.  They renewed their commitment to substantially enhance regional connectivity in a seamless manner through building and upgrading roads, railways, waterways infrastructure, energy grids, communications and air links to ensure smooth cross-border flow of goods, services, capital, technology and people. The leaders emphasized the need for linking  South Asia with contiguous regions, including Central Asia, and beyond by all modes of connectivity and directed relevant authorities to initiate national, regional and sub regional measures and necessary arrangements.

Energy

9. The Leaders directed the relevant SAARC bodies and mechanisms to identify regional and sub-regional projects in the area of power generation, transmission and power trade, including hydropower, natural gas, solar, wind and bio-fuel, and implement them with high priority with a view to meeting the increasing demand for power in the region.  The Leaders welcomed the signing of the SAARC Framework Agreement for Energy Cooperation (Electricity).

Poverty Alleviation

10. The Leaders reiterated their strong commitment to free South Asia from poverty and directed the Ministerial and Secretary-level mechanisms on poverty alleviation to review the progress and revisit the SAARC Plan of Action and its effective implementation, also taking into account the Post-2015 Development Agenda.  

11. They recognized the potential of cooperatives in achieving inclusive, broad-based and sustainable economic growth and development, and called for sharing of experiences, expertise and best practices in this sector.

Post-2015 Development Goals

12. The Leaders recognized that the Post-2015 Development Agenda, following its adoption at the UN, would present opportunities to compliment national and regional efforts on sustainable development. They directed to initiate an Inter-Governmental process to appropriately contextualize the Sustainable Development Goals (SDGs) at the regional level.

Agriculture and Food Security

13. The Heads of State or Government agreed to increase investment, promote research and development, facilitate technical cooperation and apply innovative, appropriate and reliable technologies in the agriculture sector for enhancing productivity to ensure food and nutritional security in the region. They also underscored the importance of promoting sustainable agriculture. The Leaders directed to eliminate the threshold criteria from the SAARC Food Bank Agreement so as to enable the Member States to avail food grains, during both emergency and normal time food difficulty. The Leaders urged for early ratification of the SAARC Seed Bank Agreement and directed to constitute the Seed Bank Board, pending completion of ratification by all Member States. The Leaders also directed the relevant SAARC bodies to finalize the establishment of Regional Vaccine Bank and Regional Livestock Gene Bank.

Environment

14. They directed the relevant bodies/mechanisms for effective implementation of SAARC Agreement on Rapid Response to Natural Disasters, SAARC Convention on Cooperation on Environment and Thimphu Statement on Climate Change, including taking into account the existential threats posed by climate change to some SAARC Member States. They welcomed the decision to establish the SAARC Environment and Disaster Management Centre. The Leaders underlined the urgency for the global community to arrive at a Protocol, another legal instrument, or an agreed outcome with legal force applicable to all by the end of 2015, based on the principles of Common but Differentiated Responsibility (CBDR), Respective Capabilities and Equity under the UNFCCC.

Blue Economy

15. They recognized the manifold contributions of ocean-based Blue Economy in the SAARC Region and the need for collaboration and partnership in this area.

Health

16. The Leaders recognized the importance of achieving universal health coverage (UHC), improving health regulatory systems, preparedness for emerging and remerging diseases, and the challenges posed by anti-microbial resistance and non-communicable diseases. They endorsed the Male’ Resolution on Regional Health Issues adopted at the Fourth Meeting of the SAARC Health Ministers. They urged to continue the remarkable progress by SAARC countries in the last decade in response to AIDS with the aim to end AIDS epidemic in the region by 2030. They also directed to complete all necessary processes for upgrading the SAARC TB Reference Laboratory at SAARC TB and HIV/AIDS Centre (STAC), Kathmandu to Supra-national Reference Laboratory with necessary funding from SDF.

Education

17. The Heads of State or Government expressed their resolve to eliminating illiteracy from the region in line with the global goal of education for all and ensuring quality education in all institutions by reforming curricula, teaching methods and evaluation systems adequately supported by physical, technical and other facilities. The leaders agreed to promote regional cooperation in the field of vocational education and training. They directed their Education Ministers to develop a Regional Strategy for Enhancing the Quality of Education in order to raise the standards of South Asian educational institutions in order to better serve the youth in the region. The Leaders welcomed the progress with regard to the South Asian University.

Youth

18. They emphasized the need for adopting appropriate national policies and programmes for utilizing the youth force and their skills for economic and social development, especially through the creation of productive self-employment opportunities. The Leaders welcomed the declaration of July 15 as the World Youth Skills Day at the 69^th Session of the UN General Assembly and agreed to commemorate, as appropriate, the said event by SAARC. 

Women and Children

19. They directed the relevant authorities to take effective measures for preventing the trafficking in women and children and their exploitation.

Social Protection

20. The Leaders acknowledged the special needs of the elderly, women, children, differently-abled persons, unemployed persons, and persons working at hazardous sites and agreed to develop and strengthen social protection for them and to share best practices in this regard.

Migration

21. They also agreed to collaborate and cooperate on safe, orderly and responsible management of labour migration from South Asia to ensure safety, security and wellbeing of their migrant workers in the destination countries outside the region.

Science and Technology

22. The Leaders agreed to develop capacity of the Member States to apply space technology for socio-economic development and the welfare of the peoples through experience sharing among themselves. In this context, they welcomed the offer of India to develop and launch a satellite dedicated to SAARC Countries.

Telecommunication

23. The Leaders directed for collaboration and engagement among public authorities and private stakeholders in the Member States to lower telephone tariff rates for facilitating greater contacts among the people of the region and called for rationalization of the tariff structures.

Tourism

24. The Leaders expressed their resolve for making South Asia an attractive common tourist destination in a sustainable manner. They directed relevant bodies to effectively implement SAARC Action Plan on Tourism (2006) particularly through initiating appropriate public-private collaboration. They also called for effective and full implementation of their existing decision to charge nationals of SAARC Member States fees for entry into archaeological and heritage sites as applicable to their own nationals.

Culture

25. They directed to effectively implement the SAARC Agenda for Culture and agreed to take measures to preserve and restitute the South Asian cultural property and create a SAARC heritage list together with the operational guidelines.   They declared the year 2016 as the SAARC Year of Cultural Heritage and tasked the relevant bodies to develop an action plan for its success.  They also agreed to develop a cultural trail linking major Buddhist historical sites in the region. The Leaders further agreed to facilitate access of persons visiting prominent and holy sites of Islam, Hinduism, Christianity and all other major religions in South Asia.

Media

26. The Leaders, recognizing the reach and influence of media, urged both public and private media to share responsibility in the efforts towards promoting understanding and cohesiveness of the SAARC Member States and their peoples.

Combating Terrorism and trans-national Crimes

27. The Leaders unequivocally condemned terrorism and violent extremism in all its forms and manifestations and underlined the need for effective cooperation among the Member States to combat them. They directed respective authorities to ensure full and effective implementation of the SAARC Regional Convention on Suppression of Terrorism and its Additional Protocol, including through enacting necessary legislations at the national level to root out terrorism. They reiterated their call for an early conclusion of a UN Comprehensive Convention on International Terrorism. They agreed to take effective measures to combat illicit trafficking of narcotics and psychotropic substances, arms smuggling, money laundering, counterfeit currency and other transnational crimes. They also agreed to establish a cyber crime monitoring desk.

Governance

28. They reiterated their strong commitment to ensure good governance for sustainable development by promoting accountability, transparency, the rule of law and people's participation at all levels of governance.

29. The Leaders, while expressing satisfaction over steady progress in democratization in South Asia, committed to further promote and institutionalize peace, stability, democracy and development as the common aspirations of the peoples of South Asia. In this context, they agreed on the need for cooperation and collaboration within SAARC on issues of common interest and concern to Member States.

Strengthening SAARC processes

30. The Heads of State or Government acknowledged the need to enhance the visibility and stature of SAARC in international fora by, inter alia, forging common positions on issues of mutual interest and seeking group recognition in various multilateral institutions.

31. The Leaders directed all SAARC bodies, including the Council of Ministers, sectoral Ministerial, other bodies and institutions to develop outcome-oriented policies, programmes, projects, and activities.  The Leaders directed rationalization of the work of the SAARC mechanisms, which could  be reviewed inter-governmentally every three years by a regular session of the Standing Committee with a view to evaluate performance, achievements and constraints.

32.The Leaders agreed to enhance the role of the Secretariat, commensurate with the objectives of SAARC, its areas of cooperation as well as the decisions and agreements reached in the past. They committed to enhance the institutional capacity of the SAARC Secretariat, in keeping with emerging realities, to enable it to fulfill the responsibilities entrusted to it, in an effective and efficient manner.

33. The Leaders expressed satisfaction on the decision to rationalize the number and activities of SAARC Regional Centers through their selective closure and merger.  They reiterated their resolve to make the remaining SAARC Regional Centres and specialized institutions efficient, effective and result-oriented and directed these institutions to initiate programmes and projects that produce tangible outcomes.

34. They agreed to hold henceforth the meetings of the SAARC Summit every two years or earlier, if necessary, the Council of Ministers once a year, the Standing Committee at least once a year, and the Programming Committee at least twice a year. They also agreed to make the Programming Committee a Charter body of SAARC.

SAARC Observers

35. They welcomed the participation of Observers from Australia, the People's Republic of China, the Islamic Republic of Iran, Japan, the Republic of Korea, Mauritius, the Union of Myanmar, the United States of America, and the European Union at the Summit. In furtherance of earlier decisions on establishing dialogue partnership with States outside the region, the Leaders appreciated the Study undertaken by the SAARC Secretariat to review and analyze the engagement with the existing Observers to establish dialogue partnership. The Leaders directed the Programming Committee to engage the SAARC Observers into productive, demand-driven and objective project based cooperation in priority areas as identified by the Member States.

Nineteenth Summit

36. The Leaders welcomed the offer of the Government of Islamic Republic of Pakistan to host the Nineteenth Summit of SAARC. RSS

- See more at: http://setopati.net/politics/4353/18th-SAARC-Summit-Kathmandu-Declaration-(FULL-TEXT)/#sthash.Sp61LTIe.dpuf

Gwanju Laureates against Harsh Militarization:

Press Statement from Gwangju Laureates against Militarization and Harsh Security Acts in South Asia

22 November 2014

Kathmandu, Nepal

We, Gwangju Human Rights Laureates, desiring that SAARC embody the expression of peoples, aver the need for greater efforts for promoting the sovereignty of the people and violence-free South Asia through democratic values and structures and would like to request the governments of South Asian Association for Regional Cooperation (SAARC) to recognize the non-violent movement of Irom Sharmila as a great tradition of the Gandhian movement in the region.

We also urge the governments of SAARC to stop militarization and to repeal security acts such as the Armed Forces Special Powers Act (AFSPA), which have been a cause of egregious human rights violations and vicious cycle of violence in the region. We appeal to promote peace and understanding of disputes, and efforts for settling any dispute amicably at the popular level.

Binayak Sen, India

Sushil Pyakurel, Nepal

Adilur Rahaman Khan, Bangladesh

Lenin Raghuvanshi, India 

Statement of Task Force for Reg. HR Mechanism in South Asia:

Regional Initiative for a South Asia
Human Rights Mechanism
Peoples’ SAARC
Call to Action for a South-Asia Human Rights Charter and Mechanism
November 23, 2014
Kathmandu
We, the citizens, representatives of civil society organizations and people’s movements from all the
SAARC countries, assembled in the Peoples’ SAARC in Kathmandu on 23 November 2014,
Committed to and working towards the promotion and protection of human rights and social justice
in South Asia,
Deliberated up on the grave concerns of human rights issues faced by the peoples of South Asia,
and
Recognizing the challenges faced by, and the inadequacies of, the existing national arrangements
for the protection of human rights in the various countries of the SAARC which exist to redress
these imbalances. Hence,
We call up on the leaders of SAARC countries to promulgate a SAARC Human Rights
Charter for the protection and promotion, and education of human rights and fundamental
freedoms and liberties in South Asia.
We call up on the Heads of the governments of the member states of the SAARC to establish a
South Asia Human Rights Mechanism, and ensure the participation of people and vibrant civil
society of South Asia in such a process.
Subodh Raj Pyakurel
For People’s SAARC and
Co-Convener
Regional Initiative for South Asian Human Rights Mechanism

People's SAARC, November, 22-24, Declaration:

We, the participants of People’s SAARC Convergence met in Kathmandu on 22-24 November 2014 to reaffirm our solemn commitments to justice, peace, security, human rights, and democracy in the region for equality for all and to eliminate all forms of discrimination.

We have come together to challenge the systematic and structural marginalisation and exclusion of people through the dominant neo-liberal economic model that is at play currently; which has been violently restructuring the region’s economic policies and cultural life of the people and undermining and devaluing both the values and institutions of democracy directly or indirectly.

We have come together to resist this threat to democracy from chauvinism, sectarianism, and communalism. Increased securitisation and militarisation of states and society in the name of combating terrorism and defending national security and increasing arbitrary detention, torture, custodial rape and extra-judicial killings have reduced space for democratic dissent and freedoms.

We have come together to respond to  new challenges that have emerged in the form of climate change and environmental degradation which are of transnational dimensions; extraction of natural resources; food, water and energy crisis; and resource grab by governments and corporates.

We have come together to fight increasing violence against women and girls, dalits, tribals, indigenous peoples; all minorities including religious, sexual, linguistic, cultural and ethnic; persons with disabilities; migrants and refugees; and socially oppressed groups. These systematic and structural processes and practices further reinforce and reconstitute the traditional forms of exploitative and oppressive structures, like patriarchy and caste, in new forms, in the name of progress, modernisation and reform.

Resistance has to come from civil society and mass upsurge of people as contemporary experiences from around the world is showing that in fact it is the people’s movements that can deepen the process of democracy; contend ideologically, politically and organizationally with all forms of regressive and chauvinistic regimes, viewpoints and ideologies; and build a secular framework for peaceful co-existence.

This coming together became visible in Kathmandu with the convergence of rallies across the city by a host of vibrant social movements, trade unions, peasants, indigenous peoples, women, feminists, conflict affected people, tribals and dalits, youths, elderly, academics, people with disabilities; sexual, religious and ethnic minorities and human rights activists from across South Asia and beyond with dialogues and deliberations by over 2500 activists in plenaries and more than 70 thematic sessions.

P-SAARC notes the renewed focus on SAARC by member countries and believes that ‘Deeper Integration for Peace and Prosperity’ is possible only when this cooperation goes beyond the interests of regional elites and corporates, allows socio-economic empowerment, and enables the people of South Asia to build their regional identity, just development, and sustainable livelihoods towards re-shaping the democratic institutions for peace, security, equality, and prosperity for life with dignity.    

P-SAARC welcomes the Government of Nepal’s initiative to form a Social Committee to give voice to the people of South Asia in the SAARC process. We hope this pathbreaking precedent becomes a regular mechanism of SAARC for meaningful engagement with civil society and people’s movements of South Asia.

Reclaiming the region requires the assertion of people’s movements with an alternative vision of a progressive regionalism based on peoples’ needs and aspirations, universal human rights, different degrees of democratization and development, and allowing the diversity, including natural and environmental diversity, of the region to flourish. This can be made possible only if alternative people centred economic cooperation challenges the neoliberal model.

P-SAARC advocates the people’s aspirations onto the SAARC agenda through people’s movements and where there is shared interest with a South Asian State, possibly aligning with it.

We reaffirm ourselves to the alternative vision of political, social, economic and cultural systems to enable ecological, social and sustainable development of the region that eliminates  all forms of discriminations based on class, gender, sexuality, disabilities, caste, ethnicity, religion, language and geography; which leads to a situation free from exploitation and oppression.

We commit to create a climate in which each individual will have the opportunity to realize all human rights for all, including collective rights, and full development of their human potentials; restore the balance and harmony with nature; eliminate the artificial and human barriers that divide lands, peoples and minds; and transcend all boundaries. 

P-SAARC 2014 demands earnest attention and action from the states and governments of the South Asian countries gathered here in Kathmandu for participating in the 18^th SAARC Summit to “walk the talk” and act urgently with clear time bound response to the following:

1.      Devise and implement effective strategies with time bound, result oriented plans to eradicate poverty, hunger, all forms of discrimination, including untouchability; address denial of human rights and all other forms of socio-economic anomalies;

2.      Establish high standards for respecting, protecting and fulfilling the rights of women, children, migrant and informal sector workers, youths, elderly people, families, dalits, minorities, agricultural workers and fisherfolks, indigenous peoples, tribal peoples, slavery, LGBTIQ, people living with HIV/AIDS, trafficking survivors, refugees, stateless, IDPs, peasants, persons with disabilities, conflict and disaster affected people and all others who are discriminated, excluded, marginalized and oppressed in different forms and manifestations;

3.      Ensure democratic and inclusive participation through, periodic, transparent, free, fair and credible elections, to uphold peoples’ right to political participation and ensure access of all sections of society to all tiers of governance;

4.      Uphold all human rights of all based on the principle of universality, interdependence and indivisibility with equal respect and promotion of economic, social, cultural, civil and political rights; including the right to development, right to food and nutrition, right to work and livelihoods, right to social security, right to information, right to assembly and freedom of expression, right to shelter and housing, right to education, right to sexual and reproductive health, right to water, food, nutrition and sanitation, and right to freedom of association and collective bargaining as deliberated in different thematic sessions;

5.      Uphold environmental conservation and climate justice, stop plundering of natural resources such as lands, forests, water, mines, minerals and fisheries, among others;

6.      Protect and promote indigenous as well as traditional knowledge systems ensuring  community control over natural resources especially for women, including socially excluded communities;

7.      Stop immediately merely capital accumulating, monolithic neo-liberal development models designed by corporations and operated through markets that favor unjust profiteering over people’s sustainable development, promote peoples' collective rights to commons;

8.      Recognize, promote and implement people-centred South-South cooperation at all levels to resolve issues and problems of the South;

9.      Stop losses and damages caused by unsustainable development models dependent on fossil fuels and imposed technologies; and, frame and implement policies and functional mechanisms to provide just reparation measures for the losses and damages with due consideration for the principle of Common but Differentiated Responsibility (CBDR) and respective capabilities in global climate negotiations;

10.  Explore and adopt durable solutions for asylum seekers, refugees, stateless, IDPs, labour and forced migrants through appropriate legal, institutional and policy measures in conformity with international frameworks;

11.  Adopt standard contract and reference wage to ensure rights of migrant workers; and create support mechanisms for stranded migrants and migrants in need;

12.  Establish victim centred, rights-based transitional justice mechanism to effectively address past violations of human rights and humanitarian law, and end  the culture of impunity in conformity with international standards and practices;

13.  Find comprehensive pro-people solutions through engagement with people and communities on multiple use of water, forest and land;

14.  Formulate and enforce human rights friendly legal mechanisms to end all forms of violence, including child marriage, child labour, sexual abuse, corporal punishment, trafficking, dowry system, caste- and ethnicity-based discrimination and other traditional harmful practices;

15.  Ban the production, use and transfer of landmines, cluster munitions and IEDs; destroy all stockpiles; clear the affected land of explosive remnants of war; and  support and rehabilitate the survivors and families;  

16.  Establish SAARC forums on indigenous peoples; tribals; women; elderly people; persons with disabilities; and dalits;

17.  Develop a human rights charter and effective and participatory human rights mechanism as an apex body to promote, protect and fulfill all rights of all people of the region in conformity with international human rights law;

18.  Take immediate steps to amend the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution to broaden its mandate and scope;

19.   Ensure Sexual and Reproductive Rights and Health  (SRHR) for all people of the region in accordance with the Program of Action (PoA) of the International Conference on Population and Development (ICPD) and the Beijing Declaration and Platform for Action (BPFA)  and the outcome documents of their review conferences reaffirming the commitment made towards the CEDAW;

20.  Stop continuous militarisation and take adequate steps to restore peace and prosperity in the region by acknowledging decision making role of women in peacebuilding and post-conflict rebuilding;

21.  Put in place comprehensive, legal policy, budgetary and programmatic measures in each country in order to safeguard the social, economic and cultural and civil and political rights of millions of dalits to fully enjoy their citizenship rights at par with other citizens with special recognition of the rights and entitlement of dalit women;

22.  Eliminate all forms of manual scavenging and ensure dignity and equality for sanitation workers; ensure disposal management of human waste in strict conformity to the principles of human rights, health and environmental sustainability;

23.  Ensure constitutional and legal recognition of indigenous peoples as a distinct group with effective implementation of UNDRIP as agreed in the World Conference on Indigenous Peoples' outcome document; and adopted by the General Assembly on 15 September 2014;

24.  Immediately include Labour in the SAARC Areas of Cooperation;

P-SAARC finally demands implementation of all charters, declarations and conventions adopted by SAARC in the previous summits; and being partners of global civilisation all SAARC member states should immediately ratify and enforce all core international human rights instruments.  

On behalf of People's SAARC 2014,

Sharmila Karki                                                         Dr. Sarbaraj Khadka                                   

Convenor                                                                    Coordinator

P-SAARC National Organizing Committee               Declaration Drafting and Lobbying

                                                                                    Committee

24 November 2014

Kathmandu

Seeking to Prevent Torture: Nepal experience.

Impartiality

INSEC started producing Nepal Human Rights year Book (HRYB) in 1992 and other related documentation based on primary source of information gathered by its own district representatives. The subsidiaries of yearly documentation of human rights violations were Situation Report (Quarterly), web portal INSEConline, updated database on human rights related cases and Human Rights Education Radio Program, a weekly program which has nationwide coverage through local media and state-run national broadcasting (Radio Nepal).

Expertise on dealing

Local, Regional and National recognition of our impartiality was the only asset which helped us to intervene and to get engaged in saving precious lives of the people during high voltage conflict of 1996 till 2005. Due to our local level physical presence, impartial documentation and dissemination of cases including lively contacts and dialogue with the people during the process of preparing our documentation as Intervention Tool, we earned practice-based knowledge on how to deal with different situation and actors.

Cooperation and coordination with others

Our documentation is widely used by local media, human rights advocates, national and international formal and informal organizations and researchers for their purpose. We are always open to collaborate and face the first risk. You can find us as first signatory in group litigation at the court, petition to the government and public appeal to violent groups.

We are a must

During Maoist insurgency, the conflicting parties needed our presence to expose atrocities being inflicted upon them. Very simple methods we had acquired during our engagement paid the value. If someone was abducted or arrested, we were the first to be approached by the victim family and or the conflicting party. INSEC was almost like a synonym to human rights. People sent public appeal to establish INSEC offices in their villages when they actually meant was establishment of a human rights organization. During conflict era, almost all districts were deserted by national and international organizations including those involved in development and service providing activities. We were the only one with firm and effective presence in every district and regional headquarters.

Salute to human rights martyrs

We lost our four comrades. They were murdered by the State, Maoists and notorious criminals. Several threats of abductions and public notices calling us People's Enemy and appealing the people to punish us were publicly issued by the Maoists during and immediately after the conflict and even after the signing of the Comprehensive Peace Agreement (CPA) 2006.

Home grown experience and tactics

In 1996, the insurgency was an emergency and a sudden outburst. We did not have any academic or professional expertise. But we explored the basics, based on our own experience.

Yes-But & Taking Risk for Truth

We know that dialogue with insurgents and militarized security organization is always cumbersome. But Nepal is lucky in the sense that all parties to the conflict had repeated their commitment to uphold human rights principles. Hence, instead of saying NO, we would choose YES-BUT theory while dealing with them. Yes: accepting their limitation and difficult situation and BUT: reminding their national and social responsibility on account of their duty to protect people's fundamental rights and development.

We encouraged the Maoists to issue public statement committing to IHL and engaged with government to recall their constitutional commitment towards IHL.

Exemplary case

In remote village cluster of 7 villages in Mid-West region there was massive violence caused by Maoists and government troops. We went to the village to express our empathy and mourning of youths killed by conflicting parties. While discussing with mothers, we decided to put banners in all entry points which read -We want peace in our villages, strangers, please don't disturb us". After knowing some Maoist commissars and fighters are coming that night I decided to spend night there. Common question was formulated. When Maoists were in the kitchen for food and mothers were ready to serve them, one lady posed a very difficult question "Brother Comrades, I had to walk for hours to fetch water so that my mother and grandmother could cook food for you. You have destroyed all drinking water projects in our area".

Another youth was courageous enough to add another query "Comrades, I know some day you will stand for election and we will cast vote for you. You will be our ministers. Then you will talk about development for people. But to know the fact and rule the nation, one has to be educated. I am sorry to tell you that you have destroyed our schools. I am sure; you would not find any educated and reliable cadre from this village anymore". Comrades did not have answer. They left in the mid-night instead of next afternoon. But the dialogue and banner of that day was able to put them out of the villages. Most importantly, there was no more killing either by Maoist or Security forces. Instead, we were able to organize an informal dialogue between Security Commander and Maoist Commander under one hatched roof to exchange the experience and story of success.

Without prior permission, we entered a military barrack to request release of illegally detained person. We used to approach local radio to announce emergency public notice about abduction and appeal for immediate release and respect of IHL. Usually radio stations are closed by 10 or 11 p.m. But, upon our request, the radio stations would reopen any moment and start airing the message regularly to save precious lives.

After the CPA, our door to door documentation of Victim Profile has been accommodated by OHCHR's Nepal Conflict Report.

After peace process

We are engaged in several initiatives for security sector reform. We are still actively engaged in documenting and disseminating human rights issues; sending practical experience-based supplementary reports at UN. At the field level we are hosting several Civil Society networks of Defenders, Media and Religious Groups. Our primary focus is to bring security and public in dialogue. We believe in evolving local strength to intervene at national politics.

Missing Connect

Based on my experience, the reason of mistrust is missing-connect of dialogue and relationship. For general people Police are still synonymous to Lathi (Stick) and Gun. In any case, people have empathy towards the sufferer. If Police could internalize the value of YES-BUT, if they could be self-confident that they can express the facts and if they are allowed and strengthened to function in professional autonomy, most of the issues pertaining to Security Sector confusion and anomalies could be resolved.

Here the next lap begins.

Presentation made at Seminar: Human Rights and Security Sector in Asia Pacific. Organized by: Sydney University at Bangkok on September15-17, 2014.

Youth for Peace: Questioning youths for change:

Reason:

They are the majority.                                                  

They have sacrificed.

They are to carry on longer.

They are the only dynamic force.

Strategy:

Use of ICT. {Social Media, Cultural activities; Visual and lyrical}.

Capacity development through exchange, recognition and contacts.

Identity based on quality. {Quality is the thrust of modern civilization}.

Humanity and humane behavior are the guiding principle.

Counter Corporatization (Marketization), Militarization and Ecological destruction.

Understanding history correctly.

Deriving best out of all philosophies.

Dynamicity of contemporary-world:

World order on justice:  International Mechanisms; ICC, UPR, Human Development Report and HR laws. {Right to sustainable development, Equity and inventions}.

Regional Mechanisms: EU, Inter- American, African, Arab, AICHR (ASEAN) etc.

National/Local alliances; Civil Society emerged as opinion builder and source of Knowledge- Wisdom and Conscience.

World Human Rights Regime is taking shape, Affirmative –Action, Public- Vetting, Complain - Mechanism, Universal – Jurisdiction etc. + Moral pressure; World Conferences on Development, Gender etc. {Millennium Development Goal and Now SDG, strategic development goal}.

WHO ARE YOU? ……………………….., If so, Why are you ?……………………Dare to speak the TRUTH, be a LEADER. Every citizen is role- model- leader. Change begins at HOME. ENOUGH IS ENOUGH. ???