| The
idea of a South Asian Parliament (SAP) is not very old.
It was first mooted academically during the early 1990s,
and was elaborated upon in 1995 in the form of a research
paper. One of the authors of the paper, Professor M.L.
Sondhi, taking advantage of his position as the Chairman
of the Indian Council of Social Science Research, organised
an India-Pakistan Social Scientists Forum and issued
a call from this forum to establish a South Asian Regional
parliament. Gradually, journalists and academics have
endorsed and propagated this initiative. While some
of these academics and analysts have projected the idea
of SAARC parliament as a mechanism for 'crisis management
and resolution', others have seen it as a legislative
body to monitor the 'economic and security interests
of the region'.
The
idea of SAP did not emerge initially from the SAARC
process as sensitive political issues were generally
kept out of its framework. The idea of a SAARC or South
Asian Parliament is a manifestation of an advanced degree
of political integration in the region. As the questions
of preserving sovereignty and national identity are
powerfully defining national agenda in South Asia, compromising
sovereignty could not be envisaged under any regional
institutional arrangement. Accordingly, even the Group
of Eminent Persons (GEP) appointed during the 9th SAARC
Summit in Male in 1997, steered clear of the aspects
of political integration in the region, though it proposed
the setting up of a South Asian Economic Union by the
year 2020. The GEP, while commenting on the 'Political
Dimension' of the SAARC process only acknowledged that
'often, cooperation has been hindered by a lack of political
will and hampered by the vicissitudes of the political
climate'.This concern with sovereignty and political
identity would still be a major challenge to be overcome
as and when concrete moves are made towards establishing
a regional parliament.
However,
the idea of SAP has started tapping gently on the political
sound board in some of the South Asian countries and
also in the SAARC forum. It appeared very feebly during
the deliberations of SAARC Ministers meeting to celebrate
the 10th Anniversary of SAARC and articulate a 'SAARC
Vision For The Second Decade', in New Delhi on December
8, 1995. India's then Prime Minister Narasimha Rao mentioned
the idea of a South Asian Parliament in his inaugural
address at this commemorative meeting and the Bangladesh
Foreign Minister, ASM Mostafizm Rahman endorsed it in
the form of a 'non-legislative South Asian parliament'.
In 1998, at the Male summit, the Pakistani Prime Minister
Nawaz Sharif did propose a forum of South Asian foreign
ministers as 'High Council' for 'inquiry, mediation
and conciliation' on peace and security in South Asia,
but that was not comparable to Parliament. The then
opposition leader Benazir Bhutto had taken an initiative
to hold a meeting of the parliamentary opposition leaders
of SAARC countries. In May 2003, Pakistan's PPP parliamentarians
complained that they were not allowed by General Pervez
Musharraf's military regime to participate in a meeting
in India called to discuss the formation of a SAARC
Parliament. They were referring to a South Asia Forum
of Parliamentarians established in India by the Members
of Indian parliament led by the Congress Party's Edwardo
Falerio. Another articulate Indian political leader
and a parliamentarian Dr. Subramanian Swami talked about
a South Asian Parliament to his audiences in Washington.
Political support for the idea of a South Asian parliament
received a boost when India's Congress leader Mrs. Sonia
Gandhi endorsed it at a 'Conference on Peace Dividend
in South Asia', organised by the Hindustan Times group
of newspapers in New Delhi in December 2003. Responding,
in a way, to the call for greater economic integration,
open borders and security cooperation in South Asia
by Prime Minister Vajpayee, the leader of opposition
in the Indian Parliament Mrs. Sonia Gandhi said at the
same forum:
'Over time, why can't we, for instance, conceive a South
Asian Parliament as a permanent deliberative body on
issues of regional concern and importance? Such a body
could expand the perspective on South Asia among all
our countries.'
Mrs.
Gandhi has repeated the idea of a South Asian Parliament
on subsequent occasions. This has led the Congress Party
to endorse the idea in its agenda for the April-May,
2004 elections. After its electoral victory, the newly
formed United Progressive Alliance (UPA) has also accepted
the idea in the Common Minimum Programme (CMP). With
what sincerity and commitment this objective will be
pursued and how political and structural difficulties
coming in its way will be dealt with, remains to be
seen.
POLITICAL
CONTEXT AND CULTURE
Parliament is a political institution. There are two
important aspects of the context and culture required
to evolve and strengthen this institution in a given
region. One is the nature of the system of parliamentary
democracy in each of the regional countries and second,
the level of political integration among all the countries
of the region where such an institution has to be established.
In South Asia, there are two broad categories in which
democratic parliamentary institutions can be seen. One:
where parliamentary democracy has taken considerable
roots and another, where this system is under stress
and still evolving.
In
the first category, India, Sri Lanka and Bangladesh
may be included. In India and Sri Lanka parliamentary
institutions have been functioning since independence,
for nearly fifty years within a democratic framework
of polity. However, in Sri Lanka the prestige and powers
of parliament have been seriously undermined since the
introduction of the system of Executive Presidency in
1978. The parliament and its related institution have
also come under additional stress in Sri Lanka due to
political divide between the Executive President and
the Parliament, between 2001 and April 2004. This divide
still persists even after 2004 election in which the
President's coalition emerged victorious but without
a clear parliamentary majority. Lack of healthy political
traditions of 'co-habitation' between a powerful president
and a popular parliament that could not be envisaged
while drafting the 1978 Constitution, has brought discomfiture
and embarrassment to both the President and the Parliament.
In Bangladesh, parliament has functioned as a truly
democratic institution for about 16 to 17 years, from
1972-75 and from 1991 to the present. The period in
between was marked by military rule and politically
docile and tailored parliaments. It is only in India
that parliamentary democracy has remained a stable structure
of governance. Some see this stability as having been
eroded during the period of emergency rule, from August
1975-July 1977.
The
remaining four countries, Pakistan, Nepal, Bhutan and
Maldives fall into the second category of pseudo- quasi-
or un- democratic systems. These countries have witnessed
serious distortions in the democratic institutions,
except during short intervals. Nepal and Pakistan have
had functioning parliamentary democracies during 1959-1960
& 1990-2002; and 1988-1999 respectively. In Pakistan,
during the initial decade of 1947-1958, the basic tenants
of parliamentary democracy were accepted by the institutional
structures but in practice, parliamentary democracy
remained fragile and unstable. During the remaining
times, there have been autocratic political orders in
these two countries under the military generals in Pakistan
and feudal monarchs in Nepal. In Bhutan the monarchy
is trying to assume democratic institutional framework
and in Maldives, the powerful presidency governs under
one-party dominance system. Notwithstanding the democratic
distortions in these countries, there have been elected
(directly or indirectly) legislatures where public and
sectional concerns are voiced and executive responses
to such concerns invoked.
The
South Asian region does not stand for strong parliamentary
institutions. Even in stable democracies like India
and Sri Lanka, socio-political dynamics has evolved
in a manner that healthy political culture has not been
reflected in the functioning of parliaments and its
associated institutions. Political defections, indiscipline,
corruption and power struggles have not allowed healthy
norms and traditions of parliamentary functioning to
take roots. For months on, oppositions have boycotted
parliaments to make trivial political points and in
the process, have also not allowed parliaments to transact
legislative business. More often than not, the ruling
parties have not shown necessary respect and deference
to the wishes of the opposition. This is true in almost
all the parliaments of the region. This is not the place
to go into a detailed analysis of the malady of parliamentary
functioning in South Asia but one of the important factors
is expansion of politics in South Asian societies and
the introduction of hitherto marginalised social groups
into national legislatures. These groups are not aware
of parliamentary processes nor are they fully acultured
in democratic norms and discipline. Social fragmentation
of polities in South Asia has led to the intensification
of the race of political power along sectarian identities
and interest groups, loosening of the control of party
organisations and erosion of values and ideals. Above
all, the autocratic rulers and undemocratic political
orders in some countries of the region have also not
allowed democratic institutions to develop in these
countries.
Notwithstanding
the fragility of parliamentary democracy in South Asia,
there is a positive side to this as well. The stable
democracies in India and Sri Lanka have accumulated
rich experience in evolving parliamentary institutions
over the years in the given social and political context
of the region. This experience has been shared, consciously
or otherwise with other countries in the region. Thus
the institution of Parliament has developed its procedures,
rules of transacting legislative business, defined the
roles of its officers, political groups and individual
members, and developed norms of parliament's engagement
with other governing institutions like the executive,
judiciary, media, civil society etc. There is also the
experience of bicameral legislative structures in India
and Nepal. India being a dynamically federal system,
also has the experience of operating state level legislatures,
presenting a wide variety of experiences to its neighbouring
countries to learn, by way of both acceptance and rejection
of specific aspects of institutional evolution. Therefore,
South Asia has the experience, expertise and ingenuity
to develop a regional parliament, at least its design
and structures, if there is political will in the region
to have such an institution.
TOWARDS
REGIONAL INTEGRATION
The idea of a regional parliament is closely related
to the level of regional political integration. In South
Asia, until recently, political integration has been
kept out of the SAARC process while emphasising economic
integration. There is no dearth of SAARC documents,
scholarly analyses and media commentary that lament
slow and tardy progress of SAARC in furthering the cause
of economic integration in the region. SAARC was initiated
on the theoretical premise of 'functionalism' that stresses
that economic cooperation and socio-cultural exchanges
would help build the required mutual confidence in the
region where political understanding would be strengthened,
conflicts resolved and integration initiated. But in
the past two decades, the slow progress of SAARC has
been blamed on lack of political will and reluctance
to address political issues. Pakistan, in particular,
has raised the question of Kashmir and bilateral political
conflicts in the SAARC forum, and other members of the
regional organisation have also supported the idea of
opening SAARC to regional and bilateral political discussions.
India has not accepted this because the SAARC Charter,
based on functional theory's approach and original consensus,
does not allow bilateral and contentious issues to be
raised.
The
roots of the conflict between political and cooperative
issues in South Asia mainly lie in two areas: the Indo-Pakistan
conflict and the inherent regional structural imbalance
where India, being overwhelmingly large and better endowed,
invokes suspicion and fear among its smaller neighbours,
who pursue strategies to counter-balance India. Both
these roots of regional conflict are gradually softening
under the twin pressures of domestic popular aspirations
aroused by fast spreading awareness and the global integrative
forces unleashed by globalisation. Almost all the SAARC
statements reflect such pressures. On India's part,
initiative in the direction of alleviating the concerns
of its smaller neighbours to speed up the SAARC process
were taken during Rajiv Gandhi's (1984-89) regime in
many ways. His foreign minister Dinesh Singh even took
these efforts to the popular and civil society levels
by establishing the Indian Council for South Asian Cooperation
to propagate this line. A decade later the 'Gujral Doctrine',
initiated by the then Foreign Minister I.K.Gujral in
1996, was seen as the thoughtful response, which helped
India move toward assuaging the fears and apprehensions
of its smaller neighbours. The foreign minister of his
successor government NDA, Yashwant Sinha while endorsing
the essence of 'Gujral Doctrine' committed his government
to 'institutionalising positive asymmetry in favour
of our neighbours'. Mr. Sinha had in fact gone much
beyond that when in addressing a seminar on South Asian
Cooperation in Dhaka, in January 2003, he gave a call
of a 'Union of South Asian States'. He said:
'If Africa could think in terms of a Union, if the Economic
Community in Europe could become a European Union, if
ASEAN could make progress, if the countries in Latin
America could make progress, there is no reason why
we in South Asia cannot become a Union of South Asian
states. So I am putting this idea on a table. We will
be interested in negotiating a new agreement which will
create a South Asian Union and in course of time, the
South Asian Union the SAU will not merely be an economic
entity. It will acquire a political dimension in the
same manner (by) which the European Union has come to
acquire a political and strategic dimension. This is
the direction in which I suggest we move. I am not suggesting
an end to SAARC but an upgradation of SAARC into a South
Asian Union.'
The
effect of domestic and global pressures was not evident
only in the speeches. There were positive developments
in South Asian bilateral relations as well, of course,
along with persisting tensions and misunderstandings.
In 1996, India resolved the Chittagong Hill Track refugee
and insurgency issue with Bangladesh and signed Mahakali
Treaty with Nepal. In 1998, India resolved the Ganga
waters dispute with Bangladesh and also signed Free
Trade Agreement with Sri Lanka. Now Sri Lanka and India
are pursuing a Comprehensive Economic Partnership Agreement
to integrate their economies as closely as possible.
Bangladesh is also interested in having a Free Trade
Agreement with India. In 2003, Bhutan demonstrated an
unprecedent level of cooperation with India when it
decided to have mutually coordinated operations to flush
out India's Northeast insurgents from their sanctuaries
within its territory. These are only some of the landmark
signs of a change in the dynamics of India's cooperation
with its immediate neighbours both within and outside
the SAARC parameters.
It
is hoped that there is a similar positive move in Indo-Pakistani
relations as well. Surely, the international community,
particularly the US has been nudging these two adversarial
neighbours to resolve their differences since the 1998
nuclear explosions. The Kargil conflict and the consequences
of post September 11 developments have only strengthened
the US resolve to 'remain engaged' with the Indo-Pakistan
issue. That both India and Pakistan are feeling the
pinch of domestic developmental challenge being vitiated
by their bilateral conflict became evident when both
the Indian and the Pakistani Prime Ministers talked
of poverty as the common challenge in 2003. The then
Indian Prime Minister Atal Behari Vajpayee in April
2003, called for fresh initiatives to open a dialogue
between India and Pakistan, and proposed the prospects
of 'security cooperation, open borders and even a single
currency'. Inaugurating a symposium on 'The Peace Dividend:
Progress For India and South Asia' in New Delhi in December
2003, Vajpayee said:
'I would suggest that the demands of globalisation and
the aspirations of our people provide the objective
bases of our energetic pursuit of a harmoniously integrated
South Asia. Our people, business and organisations are
waiting to interact more closely with each other…They
have waited for over an half-century for its fulfillment
and are now impatient to move ahead. We can sense this
impatience in the outpouring of popular sentiments after
our initiatives. The increased travel between India
and Pakistan of Parliamentarians, businessmen, artists
and sportsmen show the intense desire for amity and
goodwill. We have to respond to this desire by seeking
every possible way to banish hostility and promote peace.'
The
Indo-Pakistan decision during the Islamabad SAARC summit
to initiate a bilateral dialogue for conflict-resolution
between them was the result of the sentiments expressed
in the above statement and efforts made to build mutual
confidence. This has given the SAARC a new momentum
and the positive manner in which this dialogue is being
pursued by the new UPA government clearly underlines
that India-Pakistan relationship is a part of the whole
subcontinent's movement towards greater economic cooperation
and political integration. There are optimists in India
and Pakistan who even claim that a positive Indo-Pakistani
relationship will be put on viable track by the end
of this year.
Regional
political integration is a difficult and complex process.
It often follows regional economic integration, but
only when there is a strong political will. In South
Asia, some signs of such a political will slowly emerging
can be seen but these are still very weak and fragile.
The dynamics of regional economic and political integration
is best illustrated by the European experience where
credible initiatives for regional economic integration
started only during the Fifties after long Westphalian
stability. The process of European integration has become
a strong movement but it is in no sense complete, not
even the economic integration process has been fully
accomplished and secured. Politically, the European
Union is struggling to evolve consensus on Common Foreign
and Security Policies of the member countries. The European
parliament which was first constituted after direct
elections in 1979 is still evolving. However, both the
process of European Integration and the evolution of
the European Parliament offer useful insights for South
Asia to learn from, in terms of following positive lessons
and avoiding pitfalls, though social, political and
economic conditions in South Asia are vastly different
from what they have been in Europe. No other region
in the developing world has so far come forward firmly
in emulating Europe in working for political integration.
ASEAN, considered more successful comparatively and
has developed institutions for security issues (such
as ARF), has neither thought of an ASEAN Parliament
nor a common approach to critical political values like
democracy, pluralism, human rights and freedom. Other
developing regional groupings like GCC, SCO, OAU, IOC-ARC
etc are far behind on the political front. South Asia
has at least started talking about the goal of a community
and establishing a regional union with talks of a South
Asian Parliament.
SOUTH
ASIAN PARLIAMENT
Like the European Parliament, the SAP can both induce
and reinforce the process of South Asian cooperation
and integration, as also get reinforced by such process.
Mrs. Sonia Gandhi, the leader of India's Congress party
viewed the SAP as an instrument that could be helpful
in the growth of a regional perspective. The academics
have looked at it as an institution of political mutual
understanding, communication and consensus building
that may positively impinge on conflict resolution.
Perhaps, under the SAARC process, somewhat unwittingly
though, this inherent role of SAP was taken note of
when introducing provisions for visa-free travel of
parliamentarians. The Parliamentarians on their own
are also realising the value of getting together at
the regional level as evident from the establishment
of SAARC forum of parliamentarians. So far SAP is still
an idea, even a nebulous idea, but as and when the region
starts working for it, its structural aspects will have
to be considered carefully. The first pre-condition
for establishing SAP will be an Agreement or a Treaty
among all the South Asian countries on the structure.
The example of Maastricht Treaty (1992) and the Amsterdam
Agreement (1997) to support the structure of the European
Parliament may be recalled here. Such Agreements and
Treaties may be negotiated within the SAARC framework.
To facilitate such negotiations, another Eminent Persons
Group or a specially constituted task force may be appointed
by SAARC to thrash out theoretical details of SAP structure.
South
Asian countries have a strong electoral tradition based
on adult suffrage, with the exception of Bhutan. Accordingly,
an elected SAP can be constituted on the prevailing
electoral systems of the member countries. While the
preference for a free and fair election based on adult
suffrage may be highlighted, accommodation be made for
indirect elections to SAP from any specific country
until it is ready to hold direct elections. The life
of SAP may be five years as is the general practice
of parliaments in South Asian countries.
Numerical
strength of the Parliament poses a real challenge in
South Asia because of its inherent imbalance. Any proportionate
representation would invariably put Indian SAP members
at absolute majority because of India's demographic
enormity. This will not be acceptable to the other countries.
Therefore there are two alternatives in deciding the
strength of the Parliament and the number of representatives
from each country. One is to have equal number from
each country and another to have a proportionate number
but not (emphasis added) based on population size of
the respective countries. Equal numbers will naturally
militate against India since its representation in SAP
will be reduced to 1/7 of the total size, making the
composition look grossly unnatural. It may also create
difficulties for very small countries like Bhutan and
Maldives, who may not have a large pool of competent
people to be spared for South Asian regional deliberations.
Thus, for a balanced composition of SAP, while India's
overall demographic dominance has to be avoided, the
size differential of the countries has also to find
some reflection in the regional body. One formula for
composition could be that while India contributes 25
per cent of the total strength, the other two demographically
sizable countries, Pakistan and Bangladesh, contribute
15 per cent each and the remaining four smaller sized
countries contribute 10 per cent each of the total numbers.
This is just a suggestion to illustrate a balanced formula,
which can surely be improved upon. In SAARC, financial
contributions are made on the basis of each member country's
capabilities. Perhaps the same formula may be applied
for meeting the expanses of SAP, and there again a differentiated-balanced
representation will seem rational. The European Parliament
also follows a differentiated approach where number
of representation from member countries differ from
each other and is collectively decided.
There
is another sensitive aspect linked to representation.
In European Parliament national identities are submerged
under political identities because in the Chamber, the
seating arrangement does not follow nationality criteria..
This does not seem workable for SAP. Not only because
the national identities in South Asia have not been
softened at the European level but also because, due
to lack of uniform political and democratic norms and
practices in South Asia, political groups cutting across
national boundaries with similar ideologies and political
programmes have emerged. The prospects of such groups
emerging in the foreseeable future also seem dim. The
SAP members will, therefore, continue to retain their
respective national identities along with their political
and ideological complexions. On specific issues, national
representatives from the same country may take different
positions according to their respective political programmes,
and so, even cooperate with politically sympathetic
groups from across the borders. For instance Communist
party members of various South Asian countries may take
a mutually coordinated approach in SAP that may be in
conflict with other political representatives from their
countries. Recurrence of such situations will initiate
a process of political harmony across national boundaries
in South Asia.
The
officers of SAP, particularly the speaker and the deputy
speakers may be elected within the Parliament on a rotational
basis according to the alphabetical order. Each one
may have a term of less than one year because all the
seven member countries will have to be accommodated
during the five-year term of SAP. Accordingly, while
the candidates for each term can only be from among
the members from only one country, votes will be cast
by all the members of SAP. Other procedures and rules
to govern smooth functioning of SAP may be drawn from
the best available in South Asian countries. Total strength
of the Parliament may be fixed somewhere between 300
t0 500, though in some of the South Asian countries
like India, the strength of Parliament stands at more
than 570 members. Raising or reducing the numbers of
SAP must be collectively decided by the South Asian
countries. However, larger the Parliament more would
be the expenditure incurred on its functioning and upkeep.
The Parliament may have at least two annual sessions
with the gap between one and the other session not exceeding
six months. SAP procedures may involve discussions in
subject committees, question sessions and open House
debate. And decisions may be adopted in the form of
Resolutions adopted by majority vote. It may be desirable
to provide a safeguard that any particular Resolution
which does not have support of atleast 1/3 of all the
member countries representatives may not be adopted.
Like
the European Parliament during its initial stages, SAP
can only start as a deliberative body. At this stage
we are not even envisaging a regional executive on the
lines of the European Council or Commission. It may
still take years before the next stage of South Asian
regional political integration can be contemplated.
The SAP will therefore address its decisions/resolutions
to the South Asian governments or even SAARC. As other
institutions of political integration evolve in South
Asia, SAP may, over the years, begin to assume a legislative
character. Until then SAP decisions will be in the form
of suggestions and recommendations. Even when these
SAP decisions are ignored or rejected by the individual
governments, they will generate public pressures in
their favour throughout the region. More so when some
South Asian governments accept them and others do not.
The subjects under the purview of SAP should then be
those areas where SAARC has been working and where there
already is a regional consensus. This gives a wide variety
of issues to SAP for deliberations, ranging from those
of economic cooperation to the ones adopted under the
Social Charter in the Islamabad SAARC summit. SAP may
also deliberate upon security issues affecting the region
like terrorism where SAARC Charter is being revamped.
As security and nuclear confidence building grows between
India and Pakistan, the related issues would also become
ripe for SAP deliberations. Holding of the SAP sessions
and its various subject committee meetings may be so
disbursed throughout the region that no country feels
either burdened or neglected. Further, such meetings
will expose local people and national media, and sensitise
them to regional issues. This is how a harmonised regional
perspective indicated by Mrs. Sonia Gandhi will gain
momentum. The SAP members, being free from specific
national constraints may be able to think beyond their
national positions even on complex and sensitive issues
of conflicts and tensions in the region. In the process
unconventional ideas and constructive possibilities
may emerge for resolving such issues.
The
vibrations of regional political integration have already
started being felt. Both domestic and international
forces are working on the vibrations to give them strength
and direction. Under such circumstances the idea of
SAP may look distant but not unrealistic. This distance
between the idea and reality may be bridged if India-Pakistan
confidence building gathers momentum and India takes
bold initiatives to push regional integration in a positive
direction.
S.
D. Muni is Professor of South Asian Studies at Jawaharlal
Nehru University, New Delhi |