INTRODUCTION South Asian Association for Regional Cooperation The South Asian Association for Regional Cooperation ( SAARC ) is an organization of South Asian nations, which was established on 8 December 1985 when the government of Bangladesh , Bhutan, India , Maldives , Nepal , Pakistan , and Sri Lanka formally adopted its charter providing for the promotion of economic and social progress, cultural development within the South Asia region and also for friendship and co-operation with other developing countries. It is dedicated to economic, technological, social, and cultural development emphasising collective self-reliance. Its seven founding members are Sri Lanka , Bhutan , India , Maldives , Nepal , Pakistan , and Bangladesh . Afghanistan joined the organization in 2007. Meetings of heads of state are usually scheduled annually; meetings of
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INTRODUCTION
South Asian Association for Regional Cooperation
The South Asian Association for Regional Cooperation (SAARC) is an organization
of South Asian nations, which was established on 8 December 1985 when the
government of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri
Lanka formally adopted its charter providing for the promotion of economic and social
progress, cultural development within the South Asia region and also for friendship and
co-operation with other developing countries. It is dedicated to economic, technological,
social, and cultural development emphasising collective self-reliance. Its seven founding
members are Sri Lanka, Bhutan, India, Maldives, Nepal, Pakistan, and
Bangladesh. Afghanistan joined the organization in 2007. Meetings of heads of state are
usually scheduled annually; meetings of foreign secretaries, twice annually. It is
headquartered in Kathmandu, Nepal.
Members of SAARC
Current members
Afghanistan
Bangladesh
Bhutan
India
Maldives
Nepal
Pakistan
Sri Lanka
Observers
Australia
China
European Union
Japan
Iran
Mauritius
Myanmar
South Korea
United States
Potential future members
China has expressed interest in upgrading its status from an observer to a full member of SAARC. Supported by Pakistan, Bangladesh, Nepal, Maldives, Sri Lanka.
Burma has expressed interest in upgrading its status from an observer to a full member of SAARC.
Russia has expressed interest in becoming an observer of SAARC. Supported By India.
Others
South Africa has participated in meetings.
Secretaries-General of SAARC
Abul Ahsan 16 January 1985 to 15 October 1989
Kishore Kant Bhargava 17 October 1989 to 31 December 1991
Ibrahim Hussain Zaki 1 January 1992 to 31 December 1993
Yadav Kant Silwal 1 January 1994 to 31 December 1995
Naeem U. Hasan 1 January 1996 to 31 December 1998
Nihal Rodrigo 1 January 1999 to 10 January 2002
Q.A.M.A. Rahim 11 January 2002 to 28 February 2005
Lyonpo Chenkyab Dorji 1 March 2005 to 29 February 2008
Sheel Kant Sharma 1 March 2008 to 28 February 2011
Fathimath Dhiyana Saeed 1 March 2011 to 11 March 2012
9th 12–14 May 1997 Maldives Malé Maumoon Abdul Gayoom
10th 29–31 July 1998 Sri Lanka Colombo Chandrika Kumaratunga
11th 4–6 January 2002 Nepal Kathmandu Sher Bahadur Deuba
12th 2–6 January 2004 Pakistan Islamabad Zafarullah Khan Jamali
13th 12–13 November 2005 Bangladesh Dhaka Khaleda Zia
14th 3–4 April 2007 India New Delhi Manmohan Singh
15th 1–3 August 2008 Sri Lanka Colombo Mahinda Rajapaksa
16th 28–29 April 2010 Bhutan Thimphu Jigme Thinley
17th 10–11 November 2011[26] Maldives Addu Mohammed Nasheed
18th 2013[27] Nepal Kathmandu Khil Raj Regmi
Objectives of SAARC
to promote the welfare of the people of South Asia and to improve their quality of life;
to accelerate economic growth, social progress and cultural development in the region
and to provide all individuals the opportunity to live in dignity and to realize their full
potential ;
to promote and strengthen selective self-reliance among the countries of South Asia;
to contribute to mutual trust, understanding and appreciation of one another's problems;
to promote active collaboration and mutual assistance in the economic, social, cultural,
technical and scientific fields;
to strengthen co-operation with other developing countries;
to strengthen co-operation among themselves in international forums on matters of
common interest; and
to co-operate with international and regional organizations with similar aims and
purposes.
to maintain peace in the region
Agreement for Establishment of SAARC Arbitration Council
The Governments of the South Asian Association for Regional Cooperation (SAARC) Member States
comprising the People’s Republic of Bangladesh, the Kingdom of Bhutan, the Republic of India, the
Republic of Maldives, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic
Socialist Republic of Sri Lanka;
Desirous of creating conditions favourable for fostering greater investment by investors of one
Member State in the territory of another Member State;
Desirous of providing a regional forum for settlement of commercial disputes by conciliation and
arbitration;
Article-I
Establishment of the SAARC Arbitration Council
(1) There is hereby established a body to be known as the SAARC Arbitration Council
(hereinafter referred to as the “Council”).
(2) The Council shall have full legal personality.
(3) The legal capacity of the Council shall include:
(a) the capacity to contract;
(b) to sue and be sued in its name; and
(c) to acquire, hold and dispose of properties.
The location of the Council shall be decided.
Article-II
Objectives and Functions of the Council The objectives and functions of the Council are to:
(a) provide a legal framework within the region for fair and efficient settlement through conciliation and arbitration of commercial, investment and such other disputes as may be referred to the Council by agreement;
(b) promote the growth and effective functioning of national arbitration institutions
within the region;
(c) provide fair, inexpensive and expeditious arbitration in the region;
(d) promote international conciliation and arbitration in the region;
(e) provide facilities for conciliation and arbitration;
(f) act as a co-ordinating agency in the SAARC dispute resolution system; (g) coordinate the activities of and assist existing institutions concerned with arbitration,
particularly those in the region; (h) render assistance in the conduct of ad hoc arbitration proceedings; (i) assist in the enforcement of arbitral awards; (j) maintain registers/panels of:
(i) expert witnesses, and(ii) suitably qualified persons to act as arbitrators as and when required; and
(k) carry out such other activities as are conducive or incidental to its functions.
The Council shall have the powers necessary to enable it to carry out its objectives and
functions.
Article-III
Organisational set-up of the Council
(1) There shall be for the Council a Director-General who shall:
(a) be a citizen of a SAARC Member State; and
(b) be appointed, on the principle of alphabetical rotation among SAARC Member States commencing from the Member State hosting the Council, by the Secretary-General of SAARC with the approval of the Council of Ministers.
(2) The Director-General shall hold office for a non-renewable period of three years on such terms and conditions as may be determined by the Council of Ministers. However, the tenure of the first Director-General will be for a period of four years.
(3) The Director-General shall be the chief executive of the Council and be responsible for the day-to-day administration of the Council and will work under the supervision of the Governing Board comprising a Member nominated by each Member State.
(4) The salary and allowances of the Director-General shall be determined by the Council
of Ministers.
(5) With regard to matters not covered in this Agreement, including the Service Rules, Provisions relating to Financial and Administrative Matters, Financial Regulations, Financial Rules and Procedures and Rules of Procedures for Governing Boards applicable to the SAARC Regional Centres under the Harmonized Rules will be applicable, mutatis-mutandis, to the Council.
6. The Council, its Director-General and staff shall enjoy such immunities and privileges as are essential for the effective functioning of the Council to be specified in the Headquarters Agreement between the Council and the Host Member State.
Article-IV
Rules(1) Subject to the Conciliation Rules to be agreed and annexed to this Agreement, the Governing
Board may make any additional rules for the administration of conciliation proceedings conducted under the auspices of the Council, including the schedule of fees to be charged.
(2) Subject to the Arbitration Rules to be agreed and annexed to this Agreement, the Governing Board may make any additional rules for the administration of arbitrations conducted under the auspices of the Council, including the schedule of fees to be charged.
(3) The Rules made under sub-paras (1) & (2) of this Article shall be made public.
ARTICLE VII
Reservations1. This Agreement shall not be subject to reservations either at the time of signature or at the
time of notification to the SAARC Secretariat of the completion of formalities in terms of Article V.
ARTICLE VIII
Amendment
1 This Agreement may be amended by consensus amongst the Member States. Any Member State proposing amendment(s) shall notify the other Member States through the SAARC Secretariat. Such amendment(s) shall become effective upon the notification issued by the SAARC Secretariat on completion of formalities, including ratification, by all Member States.
Reducing barriers for export to SAARC countries
The Federation of Chambers of Commerce and Industry of Sri Lanka (FCCISL), the
Secretariat dealing with SAARC Chamber of Commerce and Industry (SCCI), wants to
minimize any trade barriers with other SAARC countries.
Hildon U. Hamangoda, Director, SAARC and International Affairs, FCCISL, said that
according to compiled data trade among SAARC countries is less than five percent of the
total trade of the region with the rest of the world. But other regional blocs are showing
much bigger volumes of intra-regional trade. For instance the North America Free Trade
Agreement intra-regional trade is over 50% and ASEAN countries have over 20% trade
among its member countries. The Intra-SAARC trade is dismally low as compared to
other regions. The trade and economic activity needs to be increased.
Hamangoda said, keeping in mind the current state of trade in SAARC member countries,
SCCI has decided to identify specific obstacles which are holding back and restricting
trade among SAARC countries in bilateral as well as regional trade e.g. “restrictions in
the cross-border movement of goods, lack of infrastructure, non-acceptability of
standards and certifications regime etc.”
Political issues
The dispute over Kashmir’s accession to India has been standing in the way of the
lasting peace and prosperity of the Indian subcontinent.[15] While awarding the
European Union with the 2012 Nobel Peace Prize, the Norwegian Nobel Committee
stated that "...today war between Germany and France is unthinkable. This shows
how, through well-aimed efforts and by building up mutual confidence, historical
enemies can become close partners." Southern Asia can become unified just as
Europe has become unified as the European Union. Political dialogue is often
conducted on the margins of SAARC meetings which have refrained from
interfering in the internal matters of its member states. During the 12th and 13th
SAARC summits, extreme emphasis was laid upon greater co-operation between