Contents
SAARC Secretariat: A Critique
Abul Ahsan

The secretariat of any organisation or institution as the Secretariat of South Asian Association of Regional Cooperation (SAARC) is a vital instrument for the realisation of its aims and objectives. Its head, whether he is designated as the Secretary General1 or by any other name, is the key player. He uniquely brings to bear regional perspective and represents overall interest of the organisation with regard to all matters brought before it for consideration. This may not always be the case with other institutions of the body comprising representatives of member states who are required to look at issues from the point of view of their respective countries. For several reasons peculiar to the region, the role of the secretariat is particularly important in South Asia.

Reviewing SAARC Secretariat
The SAARC secretariat was set up at Kathmandu in January 1987 about two years after the seven nation organisation with Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka as members came into being. A review of the role and function of the SAARC Secretariat and its Secretary General is important because of a number of reasons. First, the several recent meetings of the heads of state or government of SAARC have taken some important decisions and bold initiatives to strengthen the organisation and to widen and deepen regional cooperation. The 12th2 summit in Islamabad early this year, for example, concluded the agreement on South Asian Free Trade Area (SAFTA) under which that member countries would bring down tariff from the existing level to 0-5 per cent between the years 2006 and 2015 in two phases. The leaders re-iterated their commitment to establish the South Asian Economic Union as recommended by the Group of Eminent Persons and urged that earnest step should be taken in this direction. Special mention should also be given to the signing of SAARC Social Charter demanding cooperation in the vital field of energy and the establishment of a South Asian Development Bank. These are areas which can provide much needed substance to regional cooperation. Secondly, regional organisations like the European Union (EU), Association of South East Asian Nations (ASEAN) and North American Free Trade Area (NAFTA) are now expanding their membership and scope of operation. The membership of the European Union has recently been increased from 15 to 25 and when Romania and Bulgaria join the forum the number would rise to 273. Similarly, NAFTA today consists of the United States, Canada and Mexico. It is expected to have 31 more members by 2005 to form a larger free trade area extending through Central and South America4. In South East Asia, ASEAN is reaching out both to neighbouring China, Japan and South Korea through the recently initiated ASEAN free trade area arrangement, the ASEAN +3 initiative and the mechanisms designated as Dialogue Partners and ASEAN Regional Forum (ARF)5. Recent resurgence of regional organisations among industrial nations is comes from their sense of frustration about the tardy progress in trade negotiations under the World Trade Organisation (WTO) and whatever reduction in tariff that has taken place is far short of their expectations. The same logic applies more strongly in the case of developing countries like those in South Asia .The commitments made earlier by developed countries to the developing countries under the WTO have not been acted upon and the issues of vital interest, like agriculture, intellectual property rights and movement of natural persons are being sidetracked. If SAARC is to compete in this environment and become effective it needs to have a strong and result oriented secretariat.

Role and function of SAARC Secretary General
The role and function of the SAARC secretariat and the Secretary General and on the Establishment of the Secretariat are provided for in the Memorandum of Understanding (MOU) signed by foreign ministers of member countries on 17 November 1986 at Bangalore India6.

According to the Memorandum, the Secretary General is appointed by the SAARC Council of Ministers upon nomination by the member states on the principal of rotation in an alphabetical order. The other professional staff is Directors nominated by each member state but formally appointed by the Secretary General. Under Chapter VIII of the Memorandum the Secretary General 'shall be responsible for co-ordination and monitoring of the SAARC activities' and act as the 'channel of communication and linkage' between SAARC and International Organisations when empowered by the Standing Committee to do so and assist in the organisation and preparation of SAARC meetings. The Secretary General is also the custodian of the SAARC documents and publications.

Chapter III of the Memorandum provides that the secretariat shall 'co-ordinate and monitor' the implementation of SAARC activities and 'service the meetings of the Association'. The original tenure of two years of Secretary General was, subsequently, raised to three years at the 9th SAARC Summit held at Male. Since the decision of the 11th summit, the Secretary General holds the rank of a minister.

Mandate Exercised by Similar Secretariats
A survey of the functions and powers exercised by secretariats of similar organisations elsewhere point to broad common features. The Secretary General or his equivalent in a regional organisation cannot, no doubt, take decisions on matters which are not entrusted to him by the charter of the organisation. These are left to the member states to decide. His job generally is to provide data objective information and analysis to facilitate decision-making. As an institution, conceived to represent general interest of the organisation, and because of its non-partisan character, the secretariat in most cases has the authority to initiate and propose programmes and projects to strengthen cooperation. Once decisions are taken at the appropriate intergovernmental level it is for the Secretary General to administer, implement and monitor follow-up. In most cases the secretariat also acts as the guardian of agreements, understandings and treaties adopted by the body and ensures that these are applied correctly. In the event of default, the secretariat has the duty to draw attention of the concerned party to the matter and urge remedial action.

European Commission and ASEAN Secretariat
The European Commission, which is the secretariat of the EU, has been mandated to undertake policy initiative, propose legislation as the executive body of the organisation and to act as the guardian of treaties along with the European Court of Justice7. It serves as the honest broker between conflicting national interests, negotiates trade and cooperation agreements with foreign countries and international organisations and independently decides on agriculture and trade policy issues. The President of the Commission, who holds tenure of five years, takes part in the heads of state and government meetings. The Commission has, over the years, played a constructive role in bringing the community members closer.

The European Commission and its president are given the credit for their efforts at bringing about the integration of the community. It played a vital role in realising the European single-market idea at the beginning of 1993 and, subsequently, in finalising the blueprint for economic and monetary union8.

The ASEAN revised the role and mandate of its Secretariat several times since its establishment in 1976 (the ASEAN came into being about nine years earlier). The original mandate of the Secretariat was 'to provide for greater efficiency in co-ordination of ASEAN organs and for more effective implementation of ASEAN projects and activities' Subsequent amendments made in 1983, 1985, 1989, 1992, were aimed at providing more manpower resources, authority over and freedom of operation to the Secretary General. The Manila protocol signed in July 19929raised the term of office of the Secretary General to five years. He works as the channel of communication between different organs and institutions of the ASEAN as well as foreign governments and international organisations.

The Secretary General is mandated to initiate plans, programmes and activities to strengthen regional cooperation, prepare the Three-Year Plan of cooperation and monitor its implementation. All funds established for ASEAN cooperation are administered by the Secretary General. He is the spokesman of the organisation and represents the body on all matters.

In organisational terms, the Secretary General is appointed by the heads of state and government on merit and enjoys the rank of a minister. The professional staff is recruited through region-wise open competition, as compared to SAARC where all directors are nominees of the member countries.

Need to Change SAARC Secretariat
SAARC Secretariat hardly exercises even a modest role assigned to it by the Charter. It has only occasionally been involved in the preparation of documentation for important meetings. The Standing Committee and the Technical Committees, which comprise representatives of member nations, are currently assigned the function of monitoring and co-coordinating SAARC activities. The SAARC activities are highly decentralised and disaggregated. In fact all activities are undertaken by the member states themselves. The role of the Secretary General simply acts as a channel of communication with the outside world and seeks specific authorisation by the Standing Committee10, since he has no mandate to communicate with foreign countries or outside organisation, except for the exchange of published materials.

In matters related to SAARC agreements, protocols and understandings, the Secretary General has little role. A look at the Agreement on Establishment of SAARC Food Security Reserve11 indicates that the drawing of food grains from the reserve is left to the borrowing and lending countries. The two parties will agree on the terms of the borrowing and simply notify the details to the Food Security Board, which comprises representatives of member states. It is to be noted that since inception in 1987, no food grains were ever withdrawn from the Reserve.

To take another example, any request of a contracting party for extradition of an alleged offender from another party for violation of provisions of SAARC Regional Convention on Suppression of Terrorism12 is left to the concerned member state to deal with. The SAARC Secretary General is the depositary of all SAARC agreements and conventions but his role is restricted to transmit notification about their ratification and the date of their enforcement. Thus all SAARC agreements may be seen merely as an intention on the part of member states to address some common regional issues but for all intents and purposes it is left to the member states to work out their implementation as they deem fit. Finally, in a singular departure from the general norm, funding of the SAARC activities is to be undertaken through voluntary contribution of member states.

The SAARC Secretariat is the only regional institution available to the organisation to provide regional perspective and to realise the objectives of the body. Other bodies like the Technical Committee or the Standing Committee are inter-governmental institutions. Those who participate in those meetings take the positions of their respective countries. The narrow mandate and restricted scope of operation of the Secretary General is designed to keep all the options open for the member states. The Charter's provision that all decisions of the organisation shall be taken on the basis of unanimity and that the bilateral and contentious issues shall be excluded from deliberations provides each member state with veto power.

Fragile Mandate of Secretariat
No doubt the power and authority of a secretariat depends on the nature of cooperation envisaged and the purpose and the way member states use it. It is similar to the Non-aligned Movement (NAM), in operation for more than four decades, which is merely a consultative forum; its decisions having no mandatory force and has also not found it necessary to have a secretariat for itself. The co-coordinating mechanisms at New York, Geneva and a few other places as well as the host countries of respective events have managed meetings and other activities. On the other hand, the European Union is the most integrated regional institution. It is an economic union with a common currency and an elected parliament that allows free flow of goods, services, capital and labour. It has common external tariff and close cooperation in political security and economic cooperation policy. As a result, the European Commission, as mentioned earlier, has been given wide powers and freedom by the constitution to operate in the interest of the Union. The ASEAN, which started with a modest agenda is progressively expanding and deepening cooperation and has over the years transformed into a dynamic regional organisation. The growing power and responsibility assigned to the Secretary General is a measure of a realisation on the part of member states that a strong secretariat is vital to carry the body forward. It may be noted that the SAARC charter defines the aims and objective of the organisation in rather general terms. (To promote the welfare of the peoples of South Asia' and to promote 'active collaboration and mutual assistance' etc.)13 But as the organisation is currently poised for qualitative transformation in its scope of work, it should follow other successful organisations in the revitalisation of the secretariat.

Conclusion
SAARC has, so far, achieved little. The stringent controls over the economies by governments of the region and their inward looking policy administered by a corrupt and inefficient bureaucracy have hampered effective regional cooperation. Most crucially, the strained relationship between India and Pakistan, the two major countries of the area, and the lack of goodwill, trust and confidence have seriously impeded the progress. Consequently, the strict control imposed on the Secretary General is symptomatic of member states' hesitation to part with a degree of their sovereignty. The resumption of long stalled dialogue between India And Pakistan following the meeting of the leaders of the two countries during the January 2004 SAARC summit in Islamabad and the economic reform measures undertaken by all South Asian countries since 1990s should positively impact on the SAARC process. Also important are the spread of education, democratic awareness and the emergence of a growing middle class in the region with fresh ideas priorities and aspirations. It is time the civil society in the region and the media, in particular, played a proactive role to mobilise public opinion for regional cooperation and to underline the cost of non cooperation. The well-being of the people of the region should not be allowed to remain hostage to the outmoded ideas of security and national chivalry.


(Abul Ahsan is Vice-President of Independent University Bangladesh. He has also served as Foreign Secretary Bangladesh and first SAARC Secretary General)

End Notes

  1. The term secretariat and secretary general is used interchangeably through out the article.
  2. For the Declaration of the 12th SAARC Summit, see Daily Dawn, Karachi, 7 January 2004.
  3. Taniguchi Makoto, 'Time for An East Asian Economic Zone', Japan Echo, (Japan Echo Inc, December 2003), pp. 28-29.
  4. Ibid.
  5. Association of South East Asian Nations - An Overview, (Jakarta: ASEAN Secretariat, 2004).
  6. Memorandum of Understanding on the Establishment of the SAARC Secretariat Information and Media Division, (Kathmandu: SAARC Secretariat, June 1999).
  7. Pascal Fontaine, Europe in 12 Lessons, (European Commission Publications, Brussels), October, 2003.
  8. Role of the European Commission, (Brussels: EU 2003).
  9. The ASEAN Secretariat: Basic Mandate Function and Composition, (ASEAN Secretariat, 2004).
  10. Op.cit. Memorandum of Understanding of the Establishment of the Secretariat (SAARC secretariat Publication, 1987).
  11. Agreement on Establishing the SAARC Food Security Reserve, (Kathmandu: SAARC Secretariat July 2002).
  12. SAARC Regional Convention on Suppression of Terrorism, (Kathmandu: SAARC Secretariat).
  13. Ibid.
Produced By: Free Media Foundation For South Asian Free Media Association