|
|
 |
 |
| Sunday, 29 February 2004 |
 |
|
 |
Features |  |
| News Business Features Editorial
|
Indo-Pakistani thaw critical first step for SAARC - Chief Justice Interview by Maqbool Ahmed
In an exclusive interview to the Daily Times, Mr. Silva, who is in Karachi to attend the SAARC Law Forum, said the improvement of relations and receding chances of war between the two big countries of the South Asian Association for Regional Cooperation is a good start for regional cooperation. He described economic dissatisfactions as the major cause of violence in some of the SAARC countries and said removal of restrictions leading to improvement of economic activities in the region would help remove the dissatisfactions and ultimately the violence. Following are excerpts from the interview: DT: How have the jurists of SAARC countries benefited from the SAARC Law Forum? Justice Silva: I cannot say I am entirely happy with the current scene. But as the interaction goes on, there will be more cooperation among the jurists of the SAARC countries. We started just 12 years ago with the discussion of current issues and for six years the chief justices of SAARC have been meeting every year to consider how the global challenges ahead can be met through active cooperation on the regional level in the field of law, SAARC's area of working is very narrow in itself. It is a very loose organization with no definite set of objectives. But in the given sphere, the jurists are working actively for maximum regional benefits. DT: The WTO is going to be implemented next year. Is SAARC Law working to propose particular steps to save the local manufacturing industries? Justice Silva: You cannot avoid globalization, but the answer to this challenge lies in stronger regional cooperation. If the SAARC countries seek relaxation and exemptions in common fields individually, they may not receive the due response. But if they plead the same issue as a regional block, they will definitely have a more appropriate response. So the SAARC countries can identify a common area of economic interest and promote it regionally, and it will ultimately benefit them individually too. DT: How can this be achieved? Justice Silva: By making SAARC stronger and more active as a whole entity. And there is an example in the European Union (EU). You need not reinvent the wheel. Just examine their model and make whatever changes are necessary to fit it locally. And I hope it will happen now after the thaw in Indo-Pakistani relations with the Prime Minister of one country talking of a SAARC currency. DT: What do you think is preventing the achievement of stronger cooperation? Justice Silva: Restrictions. SAARC countries have restrictions on trade of means of productions and various types of transfers. Moving money (investment) from one SAARC country to another is more difficult than transferring it to America or some European countries. Law was made an instrument in Europe for free trade and moving factors of production. The SAARC Law Forum can work to propose laws for minimizing the restrictions on trade and investment. DT: What role can the SAARC Law Forum play in ensuring the implementation of fundamental human rights in the region? Justice Silva: We have to remove vertical barriers of nationalist feelings as regional cooperation and nationalist rivalries cannot co-exist. However, after the breakthrough in Indo-Pakistani relations, the vertical divides of nationalist feelings are expected to smoothen into horizontal fields of tolerance ensuring the implementation of fundamental human rights. There is another aspect: collective human rights, like the right of equally benefiting from a particular environment or saving people from the harmful effects of some particular environment. On this front, we can also benefit from the-experience of the European Union, and like them we can have a SAARC Human Rights Code. DT: Some SAARC countries are facing violence and terrorism. What role can the SAARC Law Forum play in removing the causes of terrorism? Justice Silva: Law, to some extent, helps deal with violence. But it is always reactionary and not remedial. Violence stems from economic dissatisfactions and unjust restrictions. More restrictions mean more violence, because restrictions halt economic activities and make people disadvantageous. It was economic dissatisfactions and nationalists feelings that compelled Europe to resort to violent means in the forms of two world wars. They had known by experiencing wars that violence is not the solution and only stronger regional cooperation and less restrictions can ensure more economic activities and a more satisfied and civilized society. DT: In the case of SAARC, is political will the missing factor preventing the organization becoming a strong regional cooperation body like the EU? Justice Silva: Political will will come if the politicians understand they are an integral part of SAARC. They should be told they have a formidable role to play. I think the climate for SAARC's working is now very good and there is strong indication in the thaw in Indo-Pakistani relations that political will will also increase. DT: Do you think the SAARC Law Forum can propose some platform on the regional level for the discussion and resolution of bilateral disputes between the SAARC countries? Justice Silva: Technically, it will be difficult for the time being. But you can start with non-political issues, for example, those relating to trade and business. And when you have more confidence in each other, political issues can also be discussed and resolved through provision of a regional platform. But for the time being, discussion of political issues of a serious nature on SAARC's Forum is neither technically possible nor beneficial for the organization itself. Courtesy: Pakistan Daily Times |
|
News | Business | Features
| Editorial | Security Produced by Lake House |
The Chief Justice of Sri Lanka, Mr. Sarath N. Silva said on Thursday,
February 19 that the current thaw between India and Pakistan would help a
great deal to make SAARC work effectively as a whole entity.
