Prime Minister Syed Yousuf Raza Gilani is trying to assert his authority at least on the 'disobedient' ministries which are reportedly not taking him into confidence prior to taking important policy decisions, well informed sources told Business Recorder.
The latest case is allegedly about the Commerce Ministry which is attempting to misrepresent the protocol of accession of Afghanistan to South Asian Free Trade Area and thereby get it ratified during the Cabinet meeting on December 18, 2008 chaired by the Prime Minister.
The sources said the Commerce Ministry made its utmost efforts to shift all the responsibly on the shoulders of the Foreign Ministry, but the Prime Minister rejected the justification of the Commerce Secretary, stating that the 'Commerce Ministry should not shift the responsibility to the Foreign Ministry.'
The Cabinet was briefed that Safta agreement was signed on January 6, 2004 and ratified on January 1, 2006 to make it operational. Subsequent to induction of Afghanistan into Saarc as eighth member in April 2007, protocol of accession of Afghanistan to the Safta agreement was drafted by Safta committee of experts and later approved by the Safta Ministerial Council.
The Ministry of Foreign Affairs had obtained prior approval of the Prime Minister to the signing of protocol during Saarc summit held at Colombo on 2-3 August 2008. It will form an integral part of the Safta agreement. The Cabinet was further informed that the protocol included the sensitive list of Afghanistan under Safta containing 1,072 tariff lines at 8-digit Harmonised System. Upon ratification, the same concessions and obligations will accrue to Afghanistan as are available to other Least Developed Contracting States under the Safta agreement.
During discussion in the Cabinet, it was pointed out with extreme concern that the requirement of Rules of Business 1973 was not observed and protocol neither vetted from the Law Ministry nor put up to the Cabinet for approval before it was formally signed. The sources said the Prime Minister, who was chairing the meeting, took strong exception to the tendency of taking the Cabinet lightly.
The explanation given by the Commerce Ministry that the Ministry of Foreign Affairs might have processed approval of the Prime Minister for signing the protocol was not found acceptable. While referring to the contents of the documents annexed to the summary, it was observed that the Ministry of Foreign Affairs had not processed Prime Minister's approval to the signing of protocol, the sources continued.
The Ministry of Foreign Affairs had simply processed approval of the Prime Minister to the details of proceedings and arrangements to be followed at the summit in which Prime Minister was also participating.
The sources said Prime Minister was of the view that it was not in order for the Commerce Division to shift the burden of responsibility to the Ministry of Foreign Affairs. In fact, the approval of the Prime Minister/Cabinet to the signing of protocol was not at all there in this case. This constituted a serious omission on the part of the Commerce Ministry, the sources added.
The argument of the Commerce Ministry that it had not been taken on board in the matter was also not found acceptable as Senior Joint Secretary (Trade) was included in the delegation of the Ministry of Foreign Affairs. The sources said the Cabinet members, however, suggested that that the Cabinet should grant ex post facto approval to the signing of the protocol. Simultaneously, the proposal in the summary for grant of approval to the ratification of protocol had also been acceded to.
In response to a query, the Commerce Ministry explained that this protocol would positively impact the present volume of $7 billion of intra Saarc trade. Pakistan's exports to Afghanistan were likely to exceed the present volume of $1.2 billion per annum.
Replying to another query, the Commerce Ministry officials explained that the transit trade with Afghanistan was an altogether separate affair governed under a sovereign agreement. The protocol was not likely to have any effect on the transit trade.
After detailed deliberations on the issue, Prime Minister desired that in future, observance of Rules of Business 1973 must be ensured in letter and spirit and all the stakeholders must be consulted before a summary is moved for approval of the Cabinet.
He also endorsed the suggestion for grant of ex post facto approval to the signing of protocol so as to settle the issue under consideration. However, he made it clear that this ex post facto approval will not form a precedent for future.