Features on
Federalism
Features on Federalism
Editorial Board
Zafarullah Khan, Adnan Rehmat, Shiza Malik
First edition: December 2013
The views expressed in this publication are those of the authors and do not necessarily
represent those of the UNDP and CCE-Pakistan.
Centre for Civic Education Pakistan (CCE) and United Nations Development Programme
(UNDP) will welcome use, reproduction and dissemination of the contents of this publication
for training, educational and advocacy purposes with proper acknowledgment. Every effort
has been made to ensure accuracy. We will appreciate provision of accurate information to
improve the next edition.
This publication has been carried under UNDP's project, “Strengthening Participatory
Federalism and Decentralization.” Centre for Civic Education Pakistan, as part of the project is
working towards generating knowledge products and to arrange learning events about
Pakistani federalism through dialogues, research and training.
Contact information
Strengthening Participatory
Federalism and Decentralization
Democratic Governance Unit, UNDP – Pakistan.
6th Floor, Serena Business Complex Islamabad
Web: http//www.undp.org.pk
Title: Mural of Unity by students of National College of Arts,
Rawalpindi Campus at a UNDP Conference on "Participatory
Federalism and Decentralization: from Framework to
Functionality", September 2013
Centre for Civic Education Pakistan
G.P.O Box: 1123, Islamabad
Web: www.civiceducation.org
Designed By
S. Waqas Kazmi
Guest Editorial
Strengthening Participatory Federalism and Decentralization (SPFD) is a multi-year,
multi-tier and multi-stakeholder project launched by UNDP, Pakistan against the
backdrop of the 18th Constitutional Amendment (2010). The SPFD views the 18th
Amendment through a governance, development and public policy lens and identifies
strategic areas of intervention to support the process of transition management at
federal, provincial and local levels. The core objective of the Project is to develop policy
support and institutional mechanisms strengthening effective service delivery at the
grassroots level in a manner that is transparent and accountable to the people at large.
SPFD Project collaborated with the Centre for Civic Education to produce features on
different aspects of 18th Amendment, federalism, local governments, right to
Information, educational reforms, and provincial autonomy. The objective of this modest
effort is to create a body of knowledge on contemporary issues informing the debates
on federalism and decentralization in Pakistan.
We have been privileged that leading subject experts including Dr Muhammad
Waseem, Dr. Haider Nizamani, Dr. Pervez Tahir, Naseer Memon, Salman Abid, Zahid
Abdullah, Jami Chandio, Shahzad Zulfiqar, Syed Ali Shah, Azam Khan, Dr Khadim
Hussain and Mohsin Aziz have authored pieces for Citizens Wire featuring different
aspects of federalism in Pakistan. We are also honored to have renowned and politically
conscientious artist Sabir Nazar for capturing the themes of federalism and
decentralization through his imaginative drawing and cartooning.
SPFD plans to continue supporting different avenues of development of knowledge
products that raise awareness amongst different stakeholders about issues regarding
18th Amendment, federalism and local government in Pakistan. It is hoped that you will
find this compendium of articles useful and we hope it leads to a better understanding of
issues surrounding the transition management and implementation of the 18th
Constitutional Amendment.
Amjad Bhatti
National Technical Advisor
SPFD, UNDP-Pakistan
01
www.citizenswire.com
Editorial
It gives us great pleasure to present this collection of selected articles from our
information for democracy initiative Citizen's Wire (www.citizenswire.com).
While the emergence of the internet has led to changing media consumption habits
around the world, with more and more people receiving their dose of news and articles
online, we at the Centre for Civic Education continue to see the value of content in its
printed form. It is our hope that this print version of the Citizen's Wire will be of
convenience to those readers who do not have access to the internet. Further, this
version has been put together as an archival collection of articles published during 2013
and can serve to encourage our readers as well as our contributors.
The year 2013 was as eventful and tumultuous as any year in a vibrant developing
democracy, such as ours, can be. However, for this version of the Citizen's Wire care
was taken to choose articles centered around themes rather than events as episodic
pieces are of transient relevance while the themes around which articles were
commissioned are likely to remain critically important to Pakistan. These themes
include Federalism, Right to Information, Local Government and Education. While
doing so proved to be a formidable challenge, efforts were also made to put together a
picture representative of our Federation, including perspectives from all four Provinces,
as well as the Capital. We also included cartoons from Sabir Nazar and a Civic Thought
for each month.
It was hoped that through these articles, healthy debate would be generated around the
topics of Federalism and Local Government, which would be helpful in the achievement
of the goals set out by the project "Strengthening Participatory Federalism and
Decentralization" carried out by the Centre for Civic Education with support from the
United Nations Development Fund.
We extend our heartfelt gratitude and appreciation for our readers and contributors who
have made this endeavour, a success. We hope that this association will continue in the
future and perhaps through our humble efforts, together we can make a contribution
albeit small, towards the progress of our nascent democracy.
Shiza Malik
Progamme Officer
CCE Pakistan
02
www.citizenswire.com
Constitution As A User-Manual Of Statecraft
Dr. Haider Nizamani
Why should there be concern for constitution in a country where military regimes have
suspended, tampered with, and, even drafted constitutions? Modern day constitutions
are user-manuals for states. User manuals are enclosed with electronic and other
mechanical products for good reasons - they are to become the document to be
consulted from the setting up of the product to troubleshooting.
States are far more complex entities than an automobile or a mobile phone. Leadership
that puts effort into the drafting a robust user-manual contributes in providing much
needed stability to the polity. Another enduring quality of a good constitution is its ability
to troubleshoot when the managers of the state run into problems. Above all, a
constitution would be no more than a piece of paper if the very people who are
supposed to uphold it, flout it. Unlike Pakistan, leadership in neighboring India following
independence, for the most part, created and abided by its constitution whereas in
Pakistan this path was avoided. These varying choices had far-reaching consequences
for the two countries.
Pakistan and India gained independence in 1947 and the
delegates selected from the pool of those elected in 1945 Modern day
provincial elections formed the Constituent Assembly for constitutions are
United India in 1946. The 1935 Government of India Act
user-manuals
served as a user-manual for the new states at their birth in
August 1947. The Indian leadership wasted no time and for states.
started to work in earnest to frame a constitution. It was by
no means an easy task but the leadership did not use difficulties as an excuse to put
constitution making on hold. Towering figures like Prime Minister Jawaharlal Nehru,
brilliant legal minds like Bhim Rao Ambedkar, a Dalit who was vocal opponent of
Mohandas Karamchand Gandhi, among others put in countless hours over the next two
years and by November 1949 were able to submit to the Constituent Assembly the draft
constitution. The Constituent Assembly in India passed the new constitution for the
country on January 26, 1950. India's first general elections based on universal adult
franchise were held a year later under the new constitution. With 96 amendments down
the road, the Indian Constitution remains an agreed-upon user-manual for a country
with a population of over one billion citizens. Ramchandra Guha, popular historian and
commentator, is of the view that thanks to the genius and hard-work of India's early
leaders even leaders of mediocre caliber are able to run the republic without fear of
being taken over by unelected institutions.
Leaders who were at the helm of affairs in Pakistan chose to avoid the adoption of the
constitution in true letter and spirit. The Government of India Act of 1935 in essence
remained the user manual for the new republic. Instead of legislative complexity and
compromises, Pakistani leaders chose executive fiat to govern the heterogeneous
society. The political leadership in Karachi, Pakistan's first capital, increasingly leaned
upon civil and military bureaucracies to impose their writ and stay in power. This was an
easy and preferred arrangement for Pakistan's unelectable and unimaginative
03
www.citizenswire.com
A constitution
would be no more
than a piece of
paper if the very
people who are
supposed to
uphold it, flout it.
leadership running the show at the center. The first
constitution of Pakistan promulgated in 1956 had a short
lifespan.
The armed forces staged its first coup in 1958 and
suspended the constitution. The 1956 constitution came
at the heels of the One Unit policy through which four
provinces in the western wing were merged into one
administrative unit to create parity between the eastern
and western wings of the country. The imposition of One
Unit negated the principle of federation as the political
foundation of the country. Bengal, now re-branded as East Pakistan, was put on parity
by merging four provinces of West Pakistan into a single unit. The 1962 constitution was
a product of the military regime of Ayub Khan and was tailor-made to strengthen and
perpetuate the rule by the junta in Pakistan.
Federating units were made subservient to the diktat of the center and parliamentary
form of government was dropped without due process in favor of a presidential form of
government. During the first 25 years of its existence, Pakistan had two arbitrarily
drafted constitutions backed up by authoritarian rule which led to political alienation in
East Pakistan. The unrepresentative nature of the country's peculiar constitutional
trajectory was a contributing factor in the break-up of the country in 1971 when East
Pakistan seceded to become independent Bangladesh.
The 1973 Constitution was the now truncated Pakistan's first agreed upon user-manual
adopted on April 10, 1973. It was held in “abeyance,” a euphemism employed by
General Zia-ul-Haq, four years later. A full 37 years later in the same month, the
parliament passed the Eighteenth Amendment to rehabilitate the much-battered usermanual for Pakistan.
The 1973 Constitution was a step forward but its drafting should be placed in the context
of the separation of East Pakistan where the Awami League party had campaigned
from a platform advocating maximum provincial autonomy echoing the views of Sindhi
nationalists. The military regimes of General Zia-ul-Haq from 1977 to 1988 and later
General Pervez Musharraf from 1999 to 2008 transformed the 1973 Constitution to the
point of being unrecognizable, making Pakistani more of a centralized state with unitary
features than a robust federation.
The chequered history of constitutional politics and politics of constitutions in Pakistan
has led to a political culture where the constitution is viewed by significant sections of
political forces, both civilian and non-civilian, more as a nuisance than a vibrant and
robust user-manual of political arrangements for an ethnically and linguistically diverse
polity. Violation of the constitutions by the military has contributed to a milieu where
political forces such as militant Islamists denounce the existing constitution and deem it
fit to make demands of altering it through use of force. In order for the constitution to
serve as an effective user-manual for Pakistan it is vital that the elected politicians treat
it as such and abide by it in letter and spirit.
[Dr. Haider Nizamani is an academician based in Canada]
04
www.citizenswire.com
Federalism in Pakistan: Problems and Prospects
Dr. Mohammad Waseem
The current federalist arrangements for sharing the political landscape of Pakistan
amongst its constituent parts represent the wish list of the political leadership,
especially from the smaller provinces, more than the reality on the ground. The history of
federalism in Pakistan is a case of the adage 'two steps forward, one step backwards'.
At the heart of the problem lies the conflict between the state elite – known in common
parlance as the 'Establishment' – and the political elite that fights elections from the
platform of political parties, operates through the floors of elected assemblies at the
federal and provincial levels and makes and implements laws.
As a result, for half a century the political system remained federal in form but unitary in
substance. The landmark 18th Amendment, a set of over 100 changes to the
Constitution restoring the federal nature of the state and greater empowering of the
provinces, enacted in 2010 was an attempt to meet the persistent demand for provincial
autonomy and expand the scope of 'institutional pluralism' as represented by
federalism.
The state elite typically identified with the army and the bureaucracy has an overarching
security orientation. In the 1950s it pushed for putting together a One Unit
amalgamating the four provinces and Princely States of West Pakistan, thus eliminating
federalism from that region. The two constitutions of 1956 and 1962 were based on the
concept of One Unit and inter-wing (East Pakistan-West Pakistan) parity even as the
East wing had the majority of the country's population. Non-accommodation of Bengali
nationalist aspirations for provincial autonomy, for a quarter of a century, led to
secession of East Pakistan in 1971 to become independent Bangladesh.
05
www.citizenswire.com
The history of
federalism in
Pakistan is a
case of the
adage 'two
steps forward,
one step
backwards'.
At the other end, the political elite have all along struggled for
electoral democracy, parliamentary rule and, in the case of
Sindh, Balochistan and Khyber Pakhtunkhwa provinces,
provincial autonomy. Perceptions about 'Punjabization' of the
state pushed these provinces to demand for transferring the
legislative subjects included in the Concurrent List of the 1973
Constitution to the provinces. The 1973 Constitution had
sought to offset the fears of demographic preponderance of
Punjab by creating the Senate as the territorial chamber
where all provinces enjoyed equal representation. However,
this move was countered by the continuing asymmetrical
policy scope of the National Assembly and the Senate and
thus kept the smaller federating units far from satisfied.
The 18th Amendment strengthened the provinces, put institutional arrangements in
place for implementing the constitutional reforms and thus took a big leap forward in the
direction of mature federalism. The Punjab-based Pakistan Muslim League-N led by
Nawaz Sharif and its breakaway faction Pakistan Muslim League-Q headed by Shujaat
Hussain felt obliged to go along with the emerging consensus among political parties for
the fear of isolation.
However, the post- 18th Amendment period has suffered from the lack of will on the part
of the all-powerful bureaucracy to go the whole hog in transferring state authority of the
specified departments and divisions of the federal government to provincial
governments. The success of the political parties to reach a consensus in formulating
the law pertaining to equitable distribution of power between the federation and
provinces seems to have run into formidable challenges at the stage of implementation.
The 2013 elections have brought about an anomalous situation. On the one hand,
Punjab has emerged as the power base of the new PML-N government, along with its
traditional tilt in favor of a strong center. On the other hand, the three smaller provinces
display a strident federalist orientation based on provincial autonomy. The Pakistan
People's Party government in Sindh and the Pakistan Tehrik Insaf led government in
Khyber Pakhtunkhwa jealously guard their autonomy vis-à-vis the PML-N-dominated
center. In Balochistan, the nationalist-led coalition government is doing a tightrope-walk
between federal policies and provincial realities. It seems that the federalist project is
losing its momentum, if not its legitimacy based on the principal objective of the 18th
Amendment.
The urban middle class that operates as the catchment area for recruitment of civilian
and, increasingly, military officers, remains hooked on such precepts as unity of
command, presidential form of government and securitization of the national vision. It
considers federalism a framework that dilutes state authority. The state elite draws upon
this segment of the population – dominated by Punjabis and Mohajirs – for its
centralist disposition. Similarly, a large part of the media continues to look at politics from
the perspective of Islamabad rather than Quetta, Peshawar or Karachi. It has failed to
cultivate, elucidate and disseminate the federalist discourse, after the initial euphoria
over the 18th Amendment.
06
www.citizenswire.com
At the other end, the Sindhi, Pakhtun and Baloch nationalist discourse finds the 18th
Amendment far from satisfactory. At the same time, it continues to project the agenda of
maximum provincial autonomy beyond the mere black letter law into the next stage of
implementation of the Amendment. In this context, three aspects of the process of
federalization need to be considered if the nation seeks a long-term and satisfactory
resolution of the deeply embedded conflicts relating to ethnic federalism. First and
foremost, the national discourse must move away from a negative view of the current
federal institutional-constitutional arrangement upheld by some of the powers that are
in favor of a pluralist and inclusive framework of thought and practice for exercise of
state authority.
Secondly, the current process of transfer of ministries and departments from Islamabad
to provincial capitals must continue unabated and accelerated, not only to fulfill a
constitutional requirement but also to establish political stability on ground. This will
ensure that extremist views leaning towards separatism do not assume primacy in the
federating units. Cultivation of the will to live together should be the guiding principle for
all units of the federation. The process of implementation of the 18th Amendment must
be safeguarded from any attempts to derail the evolving pattern of a share-out of
resources among the provinces.
Finally, there should be an open-ended approach to the process of federalization in
general. Multiple ethnic entities and identities in Pakistan not only push for a higher
quantum of provincial autonomy but also, as in the case of minority communities in all
the four provinces, operate as a breeding house of demands for creation of new
provinces. Unlike India, this is a tall order given the constitutional and procedural
bottlenecks in Pakistan. This needs to be streamlined in
The 18th
order to accommodate the restive communities within the
federalist design. Apart from this lateral process of
Amendment
federalization, a vertical process relates to local bodies.
strengthened the
Both the mainstream parties - such as the PML-N, PPP and
provinces, put
PTI - and ethnic parties, such as the ANP, have been less
than keen to hold elections for local government. The fact
institutional
that military rulers opted for strengthening local bodies
arrangements in
(1959, 1979 and 2001), allegedly to cut across the local
place for
organizational base of political parties, remains a thorn in
the side of elected governments in the provinces.
implementing the
Throughout the post-independence period, they struggled
constitutional
to transfer various powers from the federation to the
reforms and thus
provinces. In this situation of acute insecurity, they have
been unwilling to transfer any administrative or financial
took a big leap
powers down to the districts. However, the Supreme Court of
forward in the
Pakistan's order of July 2013 to hold local bodies elections
direction of
indicates that the issue of establishment of a third tier of
government at the local level cannot be pushed under the
mature
carpet any more. Pakistan can consolidate itself as a viable
federalism.
political system only through devolutionary federalism.
[Dr. Mohammad Waseem is renowned political scientist, currently associated with
Lahore University of Management Sciences]
07
www.citizenswire.com
Federal Challenges to Polity: Sindh Perspective
Jami Chandio
Since its inception in 1947 Pakistan has been faced with a lingering crisis of federalism.
Early decisions to centralize power deprived smaller provinces of their most pressing
demands for joining the new state: increased national/provincial autonomy and the
devolution of power. For six decades, the promise of federalism has eroded under the
weight of bouts of unfettered military rule, imbalanced and undemocratic state
structures and the domination of all federal institutions by Punjab. With outside attention
trained on Islamic insurgency, observers are missing the most crucial dynamic in
Pakistani politics - that of declining inter-provincial harmony.
The federal center
has acquired
immense control
over government
and economic
policy,
shortchanging the
provinces and
indigenous
peoples whose
interests are not
being represented.
The specter of separatist movements once again haunts
Pakistan, which has been on the verge of becoming a failed
state for a long time now. To survive these existing crises
Pakistan must adopt further transformative constitutional
reforms that limit the reach of the center to the fields of
defense, foreign policy, currency and other inter-provincial
matters. By restoring a balance of power both between the
executive and legislative branches and between the center
and the provinces, Pakistan can move a pivotal step closer
to substantive democracy, participatory federalism and
sustainable political stability.
Once the partition of the Indian sub-continent was
completed, the initial promises of autonomy and devolution
of power went unfulfilled by Pakistan's ruling elite. Critical
decisions taken by the center concerning the ratification of
constitutions and governing documents, the elevation of
Urdu language, and the amalgamation of the provinces of
West Pakistan into the One Unit scheme in 1955 deprived the provinces of the authority
and position in the federation they expected upon joining the union. Federalism was
bankrupted purposively, culminating in the secession of East Pakistan into independent
Bangladesh and the subjugation of the smaller provinces to the ruling Punjabi-Urdu
speaking nexus.
The federal discourse moves on to exploring the issues and consequences of the denial
of inclusive federalism for current Pakistan politics. The federal center has acquired
immense control over government and economic policy, shortchanging the provinces
and indigenous peoples whose interests are not being represented. Not only does one
province dominate decision-making processes, military and bureaucratic appointments
and the state coffers, but smaller provinces have suffered destructive cultural, linguistic,
and economic policies. With national identity and linguistic diversity denied, the
provincial assemblies have witnessed a receding of authority and resources are being
disproportionately exploited without commensurate compensation for their places of
origin. Conflicts have arisen throughout the country: between the center and the
provinces, between larger and smaller provinces, and between the provinces and the
08
www.citizenswire.com
districts. Pakistan is truly in a state of flux and uncertainty.
Inclusive federalism offers the most democratic system to
govern Pakistan's diverse array of nationalities and
communities. Genuine devolution of power in a federalist
manner could provide for the democratic resolution to these
intra-state conflicts and promotion of inter-provincial
harmony as well as help to protect language and cultural
rights of all nationalities and communities. Governance
could be improved across the country as provinces are
more aware and responsive to the needs of their citizens,
not just developmentally but also culturally and linguistically.
The integrity of the Pakistani state must be achieved
through equality and justice.
Pakistan's state-related multidimensional crisis is no more
a secret. From an international perspective Pakistan is
seen as a dysfunctional state with few ready to rely on it.
The catastrophe of religious extremism is hovering over not
only in Khyber Pakhtunkhwa but across the country, which
has exposed the capacity constraints of state institutions.
Despite expending major share of public resources on
defense for six decades the state has failed to protect its
citizens. The situation in Balochistan has reached a point
where the national anthem cannot be played in many
government schools there.
Genuine
devolution
of power in a
federalist manner
could provide for
the democratic
resolution to these
intra-state
conflicts and
promotion of
inter-provincial
harmony as well
as help to protect
language and
cultural rights of all
nationalities and
communities.
In Pakistan not a single day passes without news of target killings in Sindh, protests,
hunger strikes and acts of violence in parts of the other provinces. There is no check
over the breach of law and order. Rising poverty and alarming unemployment has
deprived common people of their fundamental right to live. The energy crisis coupled
with mismanagement has dragged the very system to doldrums. The pertinent issues of
the federation and its constituent units, i.e., implementation of the 18th Constitutional
Amendment of the constitution in letter and spirit, fiscal awards, fair distribution of water
resources, complete ownership of the provinces over local natural resources,
substantial parliamentary democracy and the supremacy of the parliament in all the
affairs of state, and above all provincial autonomy, remain key challenges to the
federation of Pakistan.
Not only the current generation but even those in the vanguard of the foundation of
Pakistan seem disillusioned in the country's future as a functional, democratic and state
based on principles of democratic federalism and unity in diversity. Despite this, the
optimistic and the prudent seem united in the idea that the only hope for the survival and
continuance of Pakistan lies in the country operating as a functional federation..
The nearly seven-decade old federation of Pakistan is mired in a myriad of crises.
Theories abound of what lies in Pakistan's future with various groups terming it as a
“failed state,” “a nursery and asylum for terrorists” and or “client state” governed and
exploited by world powers pursuing their own interests. A variety of conflicts between
09
www.citizenswire.com
Each rift in the
state's
fabric – regional,
ethnic, linguistic,
and
religious – adds
to the complexity
of the ongoing
national crisis.
the citizens and the state are rising, fueled by anger over
bad governance, lack of basic service provision and growth
of radicalization.
Even with the relatively empowered parliament,
independent judiciary and free media and a vibrant civil
society, Pakistan has yet to fully find itself on the path to
substantial democracy and democratic federalism based
on complete autonomy for constituent federating units.
Democratic changes, while deceptively attractive, are
merely a superficial façades painted over a fractured polity
and it is difficult to cover up ineptness and ineffectiveness of
democratic institutions in terms of meeting people's
expectations. The pendulum of public opinion may have
swung back once again in the favor of civilian government (conforming to the historical
cycles of civil-military relations) in the shape of a democratic transfer of power in 2013
elections but there seems little radical shift having taken place in the civil-military
equation tilted in favor of the Establishment.
Whatever remained of the hollowing out of federalist structures was badly damaged by
the military regime of General Pervez Musharraf (1999-2008) with substantial
democratic federalism still an unfolding reality. Smaller provinces are infuriated by the
denial of diversity, absence of official status of indigenous languages of federating units,
construction of the controversial greater Thal Canal, unsatisfactory National Finance
Commission awards to the provinces, unequal distribution of royalties from natural
resources and the continuing military operation in Balochistan. Many fear that the
conflicts among provinces and various sections of society are no longer of peaceful
opposition and becoming violent resistance.
Even the most destabilizing situation in Pakistan's history, the secession of East
Pakistan to become independent Bangladesh, pales in comparison with the current
crisis of confidence in the federation. Each rift in the state's fabric – regional, ethnic,
linguistic, and religious – adds to the complex dimension of the ongoing national crisis.
Even though citizens have matured politically, seemingly abandoning Islamist and
fiercely anti-Indian ideologies in favor of democratic and positively moderate platforms,
perfunctory promises of reform and renewal un-backed by action no longer placate
growing unrest; people across the country readily fill the streets to protest failed
leadership. Further limited in policy options, the civilian governments, irrespective of its
leadership, must adopt an approach that eases the inter-provincial conflicts that lie at
the heart of Pakistan's struggle. Without urgent action, the existential noose around the
state's feeble institutions, tightened by mistrust, isolation and insurgency will strangle
Pakistan's hopes for inclusive democracy and a prosperous future.
We must return Pakistan to the state promised and outlined in the 1940 Lahore
Resolution. Exploitation, manipulation and autocratic enslavement of the people must
end. This is the time to draw a line. The people of Pakistan, especially from smaller
provinces and oppressed nationalities, strongly believe that genuine federalism and
real provincial autonomy can only be achieved by honoring the following demands:
10
www.citizenswire.com
Pakistan needs a new social contract between the
federation and the provinces. The 1973 Constitution
could work for interim period leading towards a new
constitution based on the spirit of 1940 Resolution
and best inclusive federal practices through a new
elected constituent assembly. A new constitution
produced by this assembly will work as a new social
contract among the people and the federation.
The 18th Constitutional Amendment should be fully
implemented in letter and spirit.
A Constitutional Court should be established at the
federal level to protect the integrity of the new
constitution and adjudicate over interprovincial/federal relations.
A Constitutional
Court should be
established at
the federal level
to protect the
integrity of the
new constitution
and adjudicate
over interprovincial/federal
relations.
The military should have no role or stake in politics
and public life. The size of the armed forces should be reduced and the armed
forces should have equal representation from all the respective provinces.
Pakistan's defense budget is not transparently made and spent and should be put
before the upper and lower houses of parliament for open discussion and final
approval from all four provincial assemblies.
The Federally Administered Tribal Areas and Federally Administered Northern
Areas should become part of Khyber Pashtunkhwa.
Pakistan has become a structurally imbalanced federation after the separation of
East Pakistan. One province dominates all the state institutions and enjoys an
absolute majority in the parliament over the other three provinces. This
concentration of power in the executive branch has emerged as a major source of
conflict in Pakistan. The viable solution could be to empower the Senate, ensuring
that the provinces have equal numerical representation and relative influence.
Senators should be directly elected.
The Senate must have the power to pass or veto budget, defense and
monetary bills as well as to approve treaties with foreign states.
All federal appointments must be confirmed by Senate committees –
including Supreme Court judges, the chief election commissioner,
members and chairman of federal public service commissions,
ambassadors, heads of autonomous bodies and corporations, governors,
and the chiefs of the armed forces.
Citizens of one province should not have the constitutional right to become
members of Senate from other provinces because the Senate is
essentially a territorial chamber of parliament.
The unfinished agenda of land reforms must be completed with special reference
to distribution of army lands to poor tenants and women.
11
www.citizenswire.com
All the indigenous languages of Pakistan - Punjabi, Sindhi, Pashto, Balochi,
Seraiki, Hindko and others - should be given the status of national languages.
Urdu and English should remain the official languages of inter-provincial
communication.
Provincial governments should be able to devise and implement
education and language policies according to their own preferences.
The present arrangement whereby the National Finance Commission award is
distributed mainly on the basis of population should be reformed in 8th NFC
Award. The allocation of NFC awards should be instead decided through an index
of the following mix criteria:
1.
Population
2.
Revenue generation capacity
3.
Disparities in development as measured by the Human Development
Index (HDI), inequality (GINI coefficient), and incidence of poverty in the
provinces
4.
Level of per capita income in comparison to the other provinces
All the indigenous
languages of Pakistan Punjabi, Sindhi, Pashto,
Balochi, Seraiki, Hindko and
others - should be
given the status of national
languages.
-Urdu and English should
remain the official
languages of inter-provincial
communication.
-Provincial governments
should be able to devise
and implement
education and language
policies according to their
own preferences.
Water has become a key
source of conflict in Pakistan. Sindh is
the lower riparian of River Indus and all
its tributaries. The constitution of
Pakistan and international law confer
inalienable rights to the lower riparian.
Sindh along with Khyber Pakhtunkhwa
and Balochistan have opposed further
cuts on the Indus River and its
tributaries by way of dams, canals and
barrages that divert water without the
consent of the lower riparian areas. All
controversial mega projects such as
large dams and canals to be built
upstream on the Indus River should be
shelved.
Equitable distribution of irrigation water
among all provinces should be
instituted. At present, Punjab forcibly
appropriates major and
disproportionate share
according to the formula of 1994, while
ignoring the 1991 Water Accord and
the 1945 Agreement negotiated at the
time of British Raj.
[Jami Chandio is an independent researcher, scholar and activist; he is executive
director of the Center for Peace and Civil Society, a think tank based in Sindh.]
12
www.citizenswire.com
Quest for Federalism—Perspectives from Khyber Pakhtunkhwa
Dr. Khadim Hussain
The demand for a genuine Federal Democratic Republic of Pakistan in Khyber
Pakhtunkhwa is as old as Pakistan itself. Initially, it was the Khudai Khidmatgar
Movement and its various offshoots that struggled hard in the colonial era to win the
status of a separate province with the right of adult franchise. The struggle that was
started for an autonomous province in the early 1920s culminated in the 1930s, as a
result of which North West Frontier Province was made a separate province under the
colonial constitutional framework of 1935. A separate NWFP Assembly was formed
after the elections held in 1937 in united India.
After the inception of Pakistan, democratic secular nationalist entities from the then
NWFP like Khudai Khidmatgar, and Balochistan, Sindh, the then Bengal and some
leftists from Punjab formed Pakistan People's Party (PPP) and later National Awami
Party (NAP) in the 1950s. NAP initiated its struggle in all parts of Pakistan on a three
point agenda - separation of state and religion, provincial autonomy and an
independent foreign policy. NAP started a mass movement across Pakistan, especially
in NWFP, after General Ayub Khan imposed martial law and formed the notorious One
Unit to enact so-called parity between the Eastern and Western wings of Pakistan. The
movement was later joined by the provincial chapters of PPP, Jamiat Ulema Islam and
Jamiat Ulema Pakistan.
In Khyber Pakhtunkhwa, the movement for autonomy of the provincial units of the
federation for the political development of a genuine federal parliamentary democracy
in Pakistan historically revolved around three major sets of grievances. Besides the
long struggle for identity, first and foremast on the agenda of the movement for
autonomy and genuine federal democracy remained in Khyber Pakhtunkhwa to be the
issue of ownership and distribution of natural resources. Though not limited to water,
the grievance over water gained prominence after hydroelectric power generation and
irrigation channels from the water owned by Khyber Pakhtunkhwa legally, technically
and traditionally were used by the center for Punjab without consent of and due
compensation to the province. Other resources that the people of Khyber Pakhtunkhwa
historically agitated and protested for include natural gas, cess on tobacco grown in the
province, precious stones, minerals, forestry and tourism.
The second set of grievances pertains to the economy including unequal development
and investment in trade and commerce, infrastructure for trade and commerce, unequal
development of industry and market, agriculture, fishery and poultry. The third set of
issues that became the source of long lasting demands in Khyber Pakhtunkhwa
includes public policy and governance. This was assumed to be the direct consequence
of the deprivations mentioned in the first and second sets of grievances. This was
thought to be the result of the centralized mindset of state institutions. Denial of justice,
lack of the rule of law, bureaucratic hegemony, non-responsiveness of state institutions,
and lack of basic facilities like sewerage, clean drinking water, due share in taxes and
revenues continue to breed negative attitude for political, institutional and capitalist elite
of Pakistan among the people of Khyber Pakhtunkhwa.
13
www.citizenswire.com
Devolution of certain
institutions is being
resisted by sections
of the political,
military and
bureaucratic elite
with lame excuses
and invalid arguments.
The landmark 18th Constitutional Amendment
passed and enacted in April 2010 not only resolved
the issue of identity but also mitigated the grievance of
resource distribution in Khyber Pakhtunkhwa to some
extent. Abolition of Concurrent List altogether and
bringing of the Federal Legislative List II in the purview
of the Council of Common Interests might have
resolved most of the outstanding issues between
Khyber Pakhtunkhwa and the center in principle but
there are still three irritants that continue agitating it.
Firstly, the issue of centralization of governance and distribution of power by the center
has continuously put the relations between Khyber Pakhtunkhwa and the center in
jeopardy. The Water and Power Development Authority (WAPDA) based in Lahore and
managed by Islamabad is considered not only hegemonic but also a stumbling block in
fulfilling the energy needs of the people of Khyber Pakhtunkhwa.
Secondly, there is a fear that devolution of certain institutions is being resisted by
sections of the political, military and bureaucratic elite with lame excuses and invalid
arguments. Resistance to allow devolution of Higher Education Commission to the
provinces is just one example that nourishes the fears of Khyber Pakhtunkhwa. The
resurrection of the federal ministries of education and health with alternative
pseudonyms after the Pakistan Muslim League-N government was elected to power in
Islamabad in 2013 strengthens the fear of Khyber Pakhtunkhwa that powerful sections
of political, military and bureaucratic elite in Islamabad and Punjab are not sincere in
realizing the dream of a genuine federal parliamentary democracy in Pakistan. As if this
were not enough, the statement of the Federal Minister for Petroleum indicating review
of the Article 158 of the Constitution of Pakistan is akin to putting salt to injuries. This
Article had established the first right on the use of natural gas and petroleum by the
province where it is produced.
Thirdly, there is a strong demand by the people of Khyber Pakhtunkhwa that 50%
ownership of resources ensured in the 18th Amendment must be constitutionally
converted to full ownership of resources while share of the cost for administration of
state and distribution of resources may be worked out in the Council of Common
Interests and National Finance Commission.
The third set of grievances mentioned above may be considered as domain of provincial
governments exclusively after the 18th Amendment and 7th NFC Award. Responsibility
for governance, law and order, education, health, socio-cultural development, women's
development, youth affairs, agriculture, tourism and local government must be taken up
by the provincial government of Khyber Pakhtunkhwa. Abdication of this responsibility
by the provincial government of Khyber Pakhtunkhwa will be deemed as complicity in
revoking autonomy and decentralization. The civil society, academia, professional
organizations, media and research organizations have to network to take forward the
true spirit of federal parliamentary democracy in Pakistan.
[Dr Khadim Hussain is a political analyst based in Khyber Pakhtunkhwa.
Email: [email protected] Twitter/@khadimhussain4)
14
www.citizenswire.com
Balochistan Versus the Federation
Shahzada Zulfiqar
Balochistan has remained in conflict with the center since Pakistan's inception in 1947,
with Baloch nationalist forces protesting the Punjab-dominated establishment for
having been treated unfairly and not granted due authority and autonomy. The resultant
trust deficit, between the federation and its federating units, has caused uncertainty
among the people of Balochistan who have on occasion taken up arms against the
state.
Balochistan joined Pakistan involuntarily in March 28, 1948 under an agreement
reached between Mohammad Ali Jinnah and Khan Ahmad Yar Khan, the then ruler of
the princely state of Kalat (which was the principal seat of modern Balochistan except
northern Pashtun areas). Both the upper and lower houses of the State of Kalat rejected
annexation by the newly created state of Pakistan instead demanding independence.
Under the instrument of annexation, maximum autonomy was guaranteed, granting all
subjects to the princely state except currency, defense and foreign affairs. The quantum
of autonomy can be gauged from the fact that it was promised that if the state of
Pakistan needs land for any purpose within its boundaries, it will seek formal permission
from the Kalat State Authorities. However, maximum autonomy has remained a dream
for the Baloch which because of the deceiving character of Pakistani rulers, is yet to be
realized.
Within months of being signed, the agreement was thrown in the proverbial trash can
and the people of Balochistan were dealt with military might. This forced Prince Abdul
Karim, the younger brother of the last ruler of Kalat to take up arms in May 1948 against
Pakistan along with 300 companions. After five months Prince Karim and his armed
men were arrested and put in jail for a number of years. Nawab Nauroz Khan Zarakzai
also took up arms when the Khan of Kalat Mir Ahmedyar was arrested for gathering a
lashkar (armed group) for revolt against the Pakistani state. Within a year he was
brought down from the mountains under the oath of the Holy Quran, promised amnesty,
but was later charged with treason. His two sons and three relatives were hanged while
he died in captivity.
Later an armed group led by Sher Mohammad Marri popularly known as 'General
Sherov' went to the mountains in 1963 against the One Unit policy and new military
bases in Balochistan. And that insurgency continued till 1969. In 1973, Baloch people
including hundreds of tribesmen, mainly Marri and Mengal, revolted against the
dismissal of the Sardar Attaullah Mengal-led government and the jailing of Baloch
leadership in what is known as the Hyderabad Conspiracy Case. The insurgency ended
after General Zia-ul-Haq seized power and announced general amnesty after releasing
all National Awami Party leaders and Baloch leadership. The ongoing insurgency
started in 2000 when separatist leader Nawab Khair Bakhsh Marri was arrested and
charged with the murder of a high court judge.
15
www.citizenswire.com
Natural gas was
discovered in
1952 from the
Sui town of
Dera Bugti and its
supply to Sindh
and Punjab
started only one
year later
spreading all over
the country - except
Balochistan.
It was supplied to
the people of
Dera Bugti and
Sui and provincial
capital of Quetta
in the 1980s.
The people of Balochistan in general and the Baloch in
particular refuse to accept Pakistan as a true
federation and see it as form of government
dominated by one province - Punjab. Punjab
perceiving a threat from the domination of Bengalis on
the basis of population, introduced the One Unit
scheme in 1954 ostensibly to bring 'parity' between
the country's eastern and western wings. However,
after getting rid of Bengalis in 1971 – when East
Pakistan seceded to become independent
Bangladesh – it has been dominating the smaller
provinces on the basis of its brute majority.
Balochistan has always been ruled by the military
establishment even in the presence of elected
provincial and federal governments. During the rule of
the previous Pakistan People's Party governments in
the center and in Balochistan, the administrations
were unaware of military actions and any special
"political arrangement" of intelligence agencies in the
troubled districts of the province. The same situation
exists today when a Baloch nationalist party is leading
a ruling coalition. Military action and the forced
disappearances of Baloch youth continue relentlessly
despite hue and cry by Chief Minister Dr Malik Baloch,
a middle class politician.
Natural gas was discovered in 1952 from the Sui town of Dera Bugti and its supply to
Sindh and Punjab started only one year later spreading all over the country - except
Balochistan. It was supplied to the people of Dera Bugti and Sui and provincial capital of
Quetta in the 1980s. Even today, people living on the periphery of the gas producing
town of Sui and 80% of the population of the province are deprived of natural gas while
large parts of the rest of Pakistan enjoy it. The provincial governments have even been
unaware of the number of units produced per day from Sui and its revenue.
However, Nawab Akbar Bugti, the former provincial chief minister (1989-90) during his
tenure managed to obtain some facts and figures about gas and the arrears of Rs600
billion, the federal government owed the province. In the labor cadre of gas companies,
80% are locals from Dera Bugti while the ratio of local or the people of Balochistan in the
management cadre is negligible. Bugti tribesmen started damaging gas pipelines in
2004 when the company management refused to regularize the casual labor working in
gas companies for the last ten years.
Nawab Bugti became hostile towards the federal government after the failure of his talks
through then Governor Balochistan Lt Gen (R) Qadir Baloch over regularization of his
Bugti casual workers. There was also vast disparity in the prices of gas being produced
from Balochistan and Sindh/Punjab, but this gap was narrowed to some extent during
the Musharraf regime. However it was later rationalized by PPP government besides
promising Rs120 billion gas arrears to Balochistan.
16
www.citizenswire.com
Balochistan does not appear anywhere in the federation
like on the list of Federal Public Sector Development
Shift from 100%
Program, in services quota in federal departments,
population
corporations, autonomous and semi-autonomous bodies
criteria to 82%
and in foreign service (political appointments). It receives
not more than Rs30 to Rs40 million annually out of the total
for resource
Rs50 billion National Highway Authority annual budget for
distribution by
development activities for national highways despite the
fact 38% of highways pass through Balochistan. Till 1999,
accommodating
then Chief Minister Jan Mohammad Jamali would say, on
other factors like
record, that he has to visit Islamabad every month to get
poverty, area
the salaries of government employees of the province.
Though belated, a positive step was taken by the PPP
and revenue
government to meet the long standing demands of smaller
collection and
provinces for provincial autonomy through the 18th
Constitutional Amendment. The Concurrent List has been
generation is
abolished and 50% share of the provinces in their own
expected to
natural resources is now guaranteed. Similarly, shift from
100% population criteria to 82% for resource distribution by
benefit
accommodating other factors like poverty, area and
Balochistan.
revenue collection and generation is expected to benefit
Balochistan. These steps have been welcomed by almost
all political parties by terming them as a major breakthrough in the struggle of smaller
provinces. However they are skeptical about the implementation of these measures in
letter and spirit.
Such steps may help win over the common Baloch but not the Baloch youth who have
been drifting fast towards separatism. The PML-N government has embarked upon a
plan of initiating development activities by making the Gwadar Port operational through
Chinese companies and setting up a 6,600 MW power
Balochistan does not generation project at Gadani without addressing the basic
appear anywhere in
issues of missing persons, recovery of their dead bodies
the federation like on and military operations. The Gwadar Port has been handed
over to the Chinese without specifying provincial share or
the list of Federal
benefits. The Baloch claim to have been turned into a
Public Sector
minority
on their own soil after the influx of people in the
Development
Program, in services millions from other provinces.
quota in federal
departments,
corporations,
autonomous and
semi-autonomous
bodies and in foreign
service (political
appointments).
Not just the Baloch population but other ethnic groups of the
province also believe that mega development projects are
not aimed at the development of the local people or
Balochistan but the development needs of Pakistan or
specifically the Punjab. They argue that when the federal
government could not build a national highway in
Balochistan from their provincial share for the benefit of the
local people, how can it develop mega projects for their
benefit?
[Shahzada Zulfikar is a Quetta-based journalist]
17
www.citizenswire.com
How to Democratize Governance of Islamabad?
Zafarullah Khan
Capital cities, in federally organized countries, are often viewed as symbols of a nation's
pride and epitomize national diversity. They serve as seat of national government and
hosts to a variety of national institutions and foreign embassies. In this way, capital cities
take on special political, administrative and symbolic cultural roles that differ from other
cities in the country. At the same time, capitals are cities in which people live, consume
local services, and participate in political activities.
There are two Islamabads. One that is often viewed as the 'centralized and controlling'
capital of the federation and a second, 'a callous and uncaring' city, for its two millionplus inhabitants. People living outside Islamabad know only the first one and regard it as
a highly developed island of prosperity at the expense of hard earned resources of the
federating units. What they fail to acknowledge is that this part of Islamabad has only
temporary residents - a few thousand graded bureaucrats and time-bound elected
rulers and representatives with a 'control-from-the-top' mindset. Some call it a virus for
which the only cure is 'cooperative federalism.' If you want to go a step further to treat the
pathology of centralism, 'federalize' each and every institution that exists to serve the
federation of Pakistan. The controlling DNA of Islamabad will thus gradually be mutated.
The real crisis exists in the second, less discussed Islamabad. A city without
accountable local government, no share in the National Finance Commission, no
representation in the Council of Common Interests and unable to get a drop under the
Water Accord. A city having no right over GST (general sales tax) on services - a localbound revenue source. In this way, the ordinary residents are no more than 'de-graded'
citizens whose legitimate rights are deliberately denied to protect and perpetuate the
controlling character of colonial Islamabad.
Capital cities, in
federally
organized
countries, are
often viewed as
symbols of a
nation's pride
and epitomize
national diversity.
As the federal capital, Islamabad is the seat of Pakistani
democracy but its own governance is marred by many
anomalies. It has three executive streams, either with
duplicating or overlapping mandates. The Capital
Development Authority (CDA) and Islamabad Capital
Territory (ICT) Administration work on urban and rural basis
respectively to develop the city. Capital Administration and
Development Division (CADD) was created for taking care of
devolved subjects for the residents of Islamabad during the
implementation phase of the 18th Constitutional
Amendment. Now CADD has been made part of the Cabinet
Division. There is Capital Territory Police working under the
Interior Ministry.
Interestingly both CDA and CADD work under the Cabinet Division headed by the prime
minister, while the ICT administration and Capital Territory Police are operationally
linked to the Interior Ministry. Many of these institutions, instead of cooperating and
18
www.citizenswire.com
communicating with each other to provide better services
to the city's residents often indulge in wars over turf and
territory. The CDA has the land while the ICT
Administration enjoys unique executive authority.
Unfortunately, there is no political or executive effort to
harmonize the role and responsibilities of these multiple
duty bearers.
The federal capital has its own courts since 1981 when it
was given the status of a district. After the 18th
Amendment, it has a full-fledged Islamabad High Court.
While the 18th Amendment has strengthened the judicial
and executive branches in Islamabad, the legislative
branch is totally missing.
As the federal
capital,
Islamabad is the
seat of Pakistani
democracy but
its own
governance is
marred by many
anomalies.
There are two members elected from Islamabad to the National Assembly and four
Senators to the Senate of Pakistan. Many of those elected are not permanent residents
of the city. Over a dozen other senators and members of National Assembly (MNAs)
elected on reserved seats also permanently live and work in Islamabad. In this way, the
city has the highest per capita parliamentary population.
The constitution is silent on who will implement Article 140-A in Islamabad. This Article
empowers the provinces to create local government. It appears that the nation's seat of
democracy will always remain without representative local governance which is touted
as the best governance structure for effective service delivery. A new hope has
emerged after the Islamabad High Court and the Supreme Court of Pakistan's
directions to hold local government elections in Islamabad. The 'colonial' part of
Islamabad is resisting allowing the local tier where most of the citizens consume
governance. This militates against the spirit of equality of citizenship.
Presently the federal parliament legislates for Islamabad. Is this representative, or
merely an ad hoc administrative measure? Perhaps not. Firstly, it is expensive to
consume the time and energy of 446 federal legislators. Secondly, it appears to be
undemocratic, because even if all six legislators from Islamabad (two MNAs and four
Senators) oppose a piece of legislation about the city, it can still be passed. According to
latest estimates, Islamabad has a population of 2 million while the population of GilgitBaltistan (GB) is just one million and they have their own autonomous legislative
assembly. Similarly Azad Jammu and Kashmir (AJK) with a population of 4.5 million has
its own assembly. Federally Administered Tribal Areas (FATA) has more than 3 million
people and sends 12 MNAs and eight Senators. Islamabad also deserves its own
autonomous legislative assembly and a representative local government system.
In the present governance arrangement, there is nobody to plead the case of Islamabad
in the CCI, National Economic Council and for share in the National Finance
Commission. The city also does not have a share of water in Water Accord of 1991. In
one of the meetings of the CCI none of the provinces was willing to consider the demand
of a share in water for Islamabad. Therefore, the city has to buy water from Khyber
Pakhtunkhwa from the Khanpur Dam to meet its water needs in future and not to
become a modern Fatehpur Sikri due to water scarcity. Similarly, the current
arrangement is silent about control and share in natural resources. For instance, if oil
19
www.citizenswire.com
Time has arrived
to rethink and
democratize the
governance of
the federal
capital to offer
all fundamental
rights to its two
million residents,
including the
right to be
governed
democratically.
and gas is discovered in the Margalla Hills, the status of
ownership would remain unclear. Similarly, the Federal
Board of Revenue has no separate account for the GST on
services collected in Islamabad. Therefore, much of the
GST earned here is not used here.
In the absence of representative and accountable
governance Islamabad, the sole planned city in Pakistan,
is experiencing unprecedented growth of slums and fake
housing societies. The CDA has opted for zero compliance
on Pakistan Environmental Protection Agency bylaws and
environmental impact assessment obligations. There is no
proper waste disposal management for this rapidly
growing city. Many of its residential sectors have been
sandwiched between the industrial zones posing risk to the
health of citizens. Education is the only sector of
Islamabad that boasts better standards than the rest of the
country. But here again the problem of multiple education
systems exists. The colleges of Islamabad were affiliated
with the Quaid-i-Azam University only in 2011. Earlier, the
students or their parents had to travel to Lahore for their
minor problems.
More importantly the residents of Islamabad have no share in the constitutionally
commanded quota system (Article 27). Islamabad's share is clubbed in the quota of
Punjab. But when it comes to applying for recruitments through the Punjab Public
Service Commission, the domicile of Islamabad is simply not entertained.
Many mockingly describe Islamabad as a city “10km from Pakistan” referring to the
inequalities between the capital and the rest of the country. However, the rural areas of
Islamabad present a reality much different from its urban areas. Good sports facilities
exist in every part of the city but remain nonexistence in the rural areas. Similar
inequality exists in terms of the provision of services, like education and healthcare.
Perhaps the time has arrived to rethink and democratize the governance of the federal
capital to offer all fundamental rights to its two million residents, including the right to be
governed democratically. At the same time, efforts should be made to federalize the
outlook of the nation's capital and make it truly reflective of regional diversities.
Presently, there is only one Pakistan Monument whose architecture represents the four
provinces (federating units) and three territories.
Islamabad will certainly prosper as a vibrant city but this is only possible if both souls of
this capital city are represented.
[Zafarullah Khan is Islamabad based researcher and civic educator and work as
Executive Director of Centre for Civic Education Pakistan]
20
www.citizenswire.com
Understanding Planning Imperatives After The 18th Amendment
Dr Pervez Tahir
The Planning Commission (PC) has recently announced its intention to prepare two
documents - Vision 2025 and the 11th Five Year Plan. Plans have also been announced
to strengthen the organization by increasing the number of members from the already
large number of 9 to 12. With the devolution of a large number of subjects to the
provinces since the 18th Constitutional Amendment, the deletion of the subject of
national planning from the exclusive domain of the federal government, and the placing
of the National Economic Council (NEC) in the list of subjects mandated to be the joint
responsibility of the federal government and the provincial governments, these moves
raise fears of recentralization and reopening of settled issues.
On their part, the provinces have not helped matters by neglecting the enhancement of
their capacity to plan and implement, mobilize greater provincial resources and the
effective and judicious utilization of a higher share of resources made available by the
7th National Finance Commission Award. Centralized planning was an important factor
in the partition of the country in 1971. In this regard, federal activism and provincial
inaction does not augur well for national cohesion.
Do we need a centralized Planning Commission?
After the 18th Amendment, the PC can no more be a
centralized body. Federal Legislative List, Part I, contains
subjects which lie in the exclusive jurisdiction of the federal
government. Before the 18th Amendment, item 32 of this
related to planning – “National planning and national
economic coordination including planning and coordination
of scientific and technological research.” After the
Amendment, the subject was included in the Federal
Legislative List, Part II. Subjects in Part II are neither
exclusively federal nor provincial – they are areas of joint
responsibility.
Planning in the
post-18th
Amendment
period
has to be
federalized
rather than
centralized.
In the constitution, a special institution, the Council of Common Interests (CCI), has
been created to supervise the affairs of the federation listed in Part II. Article 154 (1)
states: “The Council shall formulate and regulate policies in relation to matters in Part II
of the Federal Legislative List and shall exercise supervision and control over related
institutions.”
With the subject of planning falling in Part I, before the 18th Amendment, the CCI could
not “exercise supervision and control over related institutions”, which are the NEC and
the PC. The institution of NEC had existed before the adoption of a new, federal
constitution in 1973. It was the highest decision making body concerned with the
economy and development planning. An authoritarian president headed the NEC as
well as the PC.
The latter was a powerful organization charged with the responsibility of preparing
21
www.citizenswire.com
While the apex planning
body NEC has been
federalized, the PC
continues to be
centralized. The spirit of
the constitution can be
satisfied by (1) making
PC, in place of the
Cabinet Division, the
secretariat of the NEC
and (2) by reducing the
number of its members
to five, one each from
the provinces and the
federal government.
The prime minister
chairs the NEC and
there is no need for
him to chair the PC.
The chairman should
be appointed by the
CCI to represent the
federation.
centrally controlled plans and the former was
the approval forum for these plans. Provinces
were represented on the NEC as well as the PC.
After 1973, planning and PC continued to be
centralized, although the plans were focused
mainly on the public sector and planning for the
private sector became indicative. This has
radically changed after the 18th Amendment.
Centralized planning and PC are against the
spirit of the constitution.
Federalizing planning
Planning in the post-18th Amendment period
has to be federalized rather than centralized.
The Amendment has redefined the NEC on the
pattern of CCI. The NEC forms part of the
Chapter 3 of the constitution entitled Special
Provisions. Before 18th Amendment, Article
156 related to the NEC had two clauses. Clause
(1) described the composition and the Clause
(2) its functions. These clauses have
undergone important changes after the 18th
Amendment. The pre-Amendment Clause (1)
read as follows: “The President shall constitute
a National Economic Council consisting of the
Prime Minister, who shall be its Chairman, and
such other members as the President may
determine: Provided that the President shall
nominate one member from each Province on
the recommendation of the Government of that
Province.”
The size and composition was left to the
discretion of the prime minister and the
provincial governments. In 2005, for instance,
the federal government had 25 ministers as members in addition to the prime minister
as chairman. Each province was allowed four members including the chief minister. In
all, there were 42 members. In addition, there was a long list of special invitees. Clause
(1) has now been made tighter:
“The President shall constitute a National Economic Council which shall consist of –
(a)
The Prime Minister, who shall be the Chairman of the Council;
(b)
The Chief Ministers and one member from each Province to be nominated
by the Chief Minister; and
(c)
Four other members as the Prime Minister may nominate from time to
time.”
There is a significantly reduced strength fixed at 13 members. Unlike the past, the
provinces have a majority with eight members against five from the federal government,
22
www.citizenswire.com
including of course the prime minister as
chairman.
While the apex planning body NEC has been
federalized, the PC continues to be centralized.
The spirit of the constitution can be satisfied by
(1) making PC, in place of the Cabinet Division,
the secretariat of the NEC and (2) by reducing the
number of its members to five, one each from the
provinces and the federal government. The prime
minister chairs the NEC and there is no need for
him to chair the PC. The chairman should be
appointed by the CCI to represent the federation.
PIDE as a think tank of the federal government
The Pakistan Institute of Development
Economics is now a university under the
administrative control of the Planning and
Development Division. With PC moving to the
CCI/NEC, the Planning and Development
Division can continue to deal with the
development issues of the Federal Legislative
List, Part I. PIDE can play the role of a think-tank
for the Planning and Development Division.
An important reason
why the centralized role
of planning and the PC
continues, is the
weak capacity of the
provincial planning
mechanisms. The
devolution under the
18th Amendment
has overwhelmed them
with the large segments
of education and health
left with the federal
government
highlighting this point.
Restructuring the planning mechanisms in the provinces
At present, only Punjab has a Planning and Development Board, with members in
charge of the main sectors. Other provinces have their respective Planning and
Development Departments. An important reason why the centralized role of planning
and the PC continues, is the weak capacity of the provincial planning mechanisms. The
devolution under the 18th Amendment has overwhelmed them with the large segments
of education and health left with the federal government highlighting this point. The
message of the 18th Amendment is that the provinces should take charge of their own
planning and development. This needs de-bureaucratization and appropriate
investment in human capital.
[Dr Pervez Tahir is a renowned Pakistani economist and has served as the chief
economist with the Planning Commission]
23
www.citizenswire.com
Technology in Realizing Promise of Right to Information (RTI)
Mohsin Aziz
Right to Information (RTI) legislation at the federal as well as provincial levels is a step in
the right direction for growing transparency, creating a responsible government and
increasing citizen level engagement. However, certain roadblocks can seriously limit its
potential as a piece of transformative legislation.
The resistance to disclose information is so entrenched in the culture of government
organizations that it can in itself act as a deterrent to RTI requests. On the flip side,
ordinary citizens are likely to view RTI with a high degree of skepticism and this can lead
to the failure of the RTI legislation framework to achieve desired results.
There is a need to take proactive actions to ensure that civilian interaction with RTI
channels is pleasant. The system to receive, track and complete civilian RTI requests is
the starting point of this interaction, and it needs to be highly user friendly, efficient and
readily available. The RTI channels should be technology-based since this is the most
effective option for any program to scale up to a national level and cut across different
demographic segments.
Furthermore, the high mobile phone density in Pakistan coupled with easy access to
broadband makes investment in information technology (IT) based solutions a natural
choice. The recommended use of technology in this context is not about deploying
computers and connecting government offices. It is more about the ease with which RTI
requests can be captured and tracked and about how the Information Officer's
responsiveness can be monitored.
Free and open source software (FOSS) now provide many pre-built software solutions
that can be customized fairly easily to meet the needs of the RTI request tracking
24
www.citizenswire.com
system. Enterprise Help ticketing systems are one such example of a possible software
solution that can be considered. Some customization will be required to add support for
local languages but there is definitely no need to reinvent the wheel. Technology
solutions will not only facilitate RTI requests but will also enable designated information
officers to fulfill requests within the stipulated timeframe.
Another important aspect of implementing RTI legislation is to ensure that public
records are accurately maintained at all levels across different government and semi
government institutions. Unless these records are maintained meticulously in a way
that allows timely and easy retrieval, it will not be possible for even well-meaning
government functionaries and designated information officers to fulfill information
requests of common citizens.
Presently government records in the secretariats are not being properly maintained.
The outdated paper based filing system is becoming inefficient due to an increase in the
volume of paperwork. In addition, government offices are running out of physical space
for storing official files. Additionally, we cannot deny that there are certain cases in which
some files disappear/re-appear or are destroyed in accidents like fire owing to external
influences or incentives.
Granted that IT is not the silver bullet that will solve all problems, it is a viable solution,
worth consideration. Owing to the consistent decrease in the cost of technical solutions
and the many ways in which the knowledge economy is forging new relationships
between the general public and the government, it makes sense for government offices
to go digital.
There are two aspects to going digital in the context of maintaining public records.
Firstly, an ambitious undertaking can be to aggressively pursue the path of egovernance which basically means that all of the information created, modified,
exchanged and stored in government organizations should be digital in nature. Any
paper version of a file should be a mere copy of the digital master record. This is an ideal
solution which will not only address the issue of maintaining official records but it can
also fundamentally transform the nature of government secretariats.
Secondly, the ease and speed with which digital information flows will cut through the
proverbial red tape, improve government efficiency and enable government bodies to
process greater volume of work in less time. Moreover, new more collaborative ways of
policymaking will emerge which will be more fact based and result oriented. Execution
focus will also improve and the whole system will become more transparent.
This is an ideal scenario but owing to the fundamental ways in which the government's
work will need to be transformed in order to make this system functional, it is admittedly
almost beyond our immediate reach. Process re-engineering of this scale is
unprecedented even in large enterprises. A realistic option is to employ an incremental
process to work towards this ideal scenario.
Below, I am sharing few ideas on how to handle this transformation piecemeal and will
highlight the significance of these different building blocks.
25
www.citizenswire.com
We have already talked about the need of the RTI request management system, which
is a natural starting point on this journey. Making this system available over mobile
phone platforms can be the next step. Although smart phones and other mobile devices
are only used by a comparatively smaller section of our population, what makes it
promising is the direction in which technology is developing. Another, somewhat
overlooked aspect of mobile technologies is their robustness and ease of use.
Generally no special skills or training is required to use mobile devices. Furthermore, as
compared to computers, mobiles usage is common even in the segments of society
which are not technology savvy.
Replacing complete paper based files with digital versions may be too ambitious but
replacing the file 'receipt' and 'dispatch' registers with online system is fairly easy. The
currently used paper based register system, if followed properly, provides a complete
trail of the movement of a file from one desk to another within and across government
departments. The limitations of this system come from the fact that manual systems do
not lend themselves well to ad-hoc searches. Searching through these registers to
follow a trail is prohibitively time consuming and error prone. A digital system can make
this effortless and records can be more easily traced.
Even before the whole process is completely automated, just digitally storing official
records at the archival stage can improve things significantly. Archives department is
usually responsible for safekeeping of official records at the completion of a file's life
cycle. It is easier to scan and store a file digitally at this stage because it does not
interfere with day-to-day workings of different offices. This system is valuable because
retrieval is a lot simpler and efficient. Sophisticated document storage solutions offers
implementation of governance rules like how long a specific type of records needs to be
maintained and who has the authorization to access, update or purge the record. Most
solutions comply with stringent audit trails to ensure all activities are tracked and
recorded.
In doing all of this, our focus needs to be on local capacity development instead of
purchasing software solutions from large global firms. We should invest in building
software solutions on free and open source platforms that in many cases are getting
ahead of the commercial offerings in ingenuity, performance and support. Almost all
extra-large scale and highly responsive web based systems like Facebook, Linked-in,
Twitter and Amazon use free and open source technologies.
Similarly, investment in cloud hosting infrastructure will not only lay the foundation for
implementation of a large scale e-government solution, it can also add to the local
economy by enabling business to leverage such a platform. This capacity development
can be achieved either by engaging our local IT industry or by setting up a state
enterprise. China, Singapore and locally National Database Registration Authority
(NADRA) are great examples of successful execution of the state enterprise model,
which lends credibility to the hypothesis that such a system can actually be built and
successfully maintained in Pakistan.
[Mohsin Aziz is vice president of professional services at Xavor Corporation - a global
technology and management consultancy firm and member Board of Directors, Centre
for Civic Education Pakistan]
26
www.citizenswire.com
Sindh Local Government Act 2013: A Perspective
Naseer Memon
It was only after the intervention of the Supreme Court of Pakistan that hopes for the
revival of local governments (LGs) have been rekindled. By the end of 2013 three
provinces had completed legislation on LG laws while Khyber Pakhtunkhwa was
working on it.
With a wide margin of socio-political diversity, each province is applying its own
priorities and realities to frame this vital legislative piece. Sindh has an entirely different
political vista where legislation on any kind of power or resource sharing is like walking
on a tight rope. Recently, Sindh had been oscillating between the local government law
of 1979 and 2001. In a bid to keep power-partners sedate, the ruling Pakistan People's
Party government introduced the Sindh Peoples' Local Government Act, 2013, that
turned Sindh into a tinderbox and the law was countermanded subsequently, leaving
behind a trail of ignominy for PPP. The law and the legislation process exposed
incompetence and lack of political prudence within the ruling party ranks.
After emerging triumphant in the 2013 elections in Sindh and partnering of Muttahida
Qaumi Movement with Pakistan Muslim League-N, the PPP government in Sindh
embarked upon the new law to mollify its enraged constituency. Since General
Musharraf's LGO 2001 was much resented in Sindh and its replicas in 2011 and 2013
met intense public ire, the only option left was to supplant the law of 1979 with some new
features. In fact Musharraf's LGO 2001 was rabidly opposed by Sindhis in the province.
Sindhi leadership, including the PPP, considered it as a precursor of administrative
division of Sindh that effectively converted Karachi into a semi-autonomous unit
rendering provincial government a mere spectator in the affairs of its capital city.
Whereas Sindhis are not fond of the 1979 law, they loath the 2001 law as well. The
27
www.citizenswire.com
SLGA 2013 however
showered immense
disappointment by
curtailing women's
representation.
The PPP possesses
a cherished history
of bestowing political
empowerment to
women through
pro-women legislation
and administrative
measures.
recently adopted SLGA 2013 was conceived and
developed in the aforementioned context.
The legislation process of SLGA 2013 despite the
paucity of time was unusually democratic and
consultative. The Ministry of Law and Parliamentary
Affairs approached all parties in the House, leading
nationalist parties, writers, intellectuals and civil
society organizations to elicit their views and
recommendations.
The new SLGA confines the local government's
functions largely to basic municipal services and
retains provincial subjects with the provincial
government. This is a key point of departure from
SLGO 2001 that devolved key departments to district
governments. Subjects like security, police and land
management had been a source of consternation.
Land, particularly in urban areas is among the key
sources of conflict. Similarly, the police has already been much politicized and has been
grossly misused as a tool of control and oppression by those in power. Considering the
social and ethnic fabric of Sindh, there was a demand that revenue and the police
should not be made subordinate to Local Governments in order to ensure its impartiality.
Both SLGO 2011 and SPLGA 2013 accorded Karachi Metropolitan Corporation an
exclusive domain in some of the subjects which disturbed the equilibrium of authority
across the metropolitan corporations in the province that received opprobrium from
people of Sindh. Whereas Karachi has its peculiarities as the capital and the largest city
of the province, it has a political dimension as well, which is distinct from largest
cities/capitals in other provinces.
Other provincial capitals are not dominated by ethnic groups who dictate their terms by
force. Any legislation or administrative array in Sindh cannot be oblivious to this reality.
SLGA 2013 has addressed anomalies of the earlier laws by restoring district level
councils in Karachi. It provides representation to union committees through directly
elected chairmen and vice chairmen that would inculcate a sense of greater
participation to all residents of Karachi irrespective of their identity and political
affiliation. This will also mainstream under-developed rural areas of Karachi that were
subsumed in urban towns in 2001 leaving them starved of funds.
In contrast with other provinces, urban-rural divide in Sindh has ethnic contours. The
demographic distortion induced in Sindh at the time of partition continues to spook polity
in Sindh. Striking political and developmental harmony in Sindh requires equal
consideration for both urban and rural areas rather than painting both with the same
brush. Rhetoric of merging urban and rural areas meets thorny resistance in Sindh due
to its demographic complexion.
SLGA 2013 however showered immense disappointment by curtailing women's
representation. The PPP possesses a cherished history of bestowing political
28
www.citizenswire.com
empowerment to women through pro-women legislation
and administrative measures. However the new law has
curtailed the share of women on reserved seats to less
than 10% in union committees and union council and 22%
in other councils. Except on union council/union
committees, women will be indirectly elected by the
councils. Non-Muslims and laborer/peasants categories
have been allocated 5% seats in each council except in
union council/union committees where both categories will
have one representative in the house of nine members.
Save for union committees and union councils,
representation of women, non-Muslims, laborer/peasants
in district municipal corporations, metropolitan
corporation, district council, municipal corporations,
municipal committees, municipal committees and town
committees has been provided through indirect elections.
It is a proven fact that indirect elections are often marred by
nepotism and favoritism which renders representation of
these segments of society practically ineffective.
Upholding its legacy, PPP government was the first one to
announce LG elections on party basis. This is widely
welcomed by all stakeholders in the province and
elsewhere.
Fiscal devolution
is the lynchpin of
the local
government
system. The new
law envisages a
provincial finance
commission in the
province.
The principles of
finance award
include population,
backwardness,
need and
performance of a
council.
Fiscal devolution is lynchpin of the local government system. The new law envisages a
provincial finance commission in the province. The principles of finance award include
population, backwardness, need and performance of a council. Considering the stark
development gap in urban and rural areas it will be justified and fair that backwardness
should be given at least 50% weightage to cater to the areas at the lower rung of
development ladder. Human Development Index can be used to rank backwardness of
all areas in the province.
A well-defined criterion for “performance of a council” should be sufficiently delineated
to eschew any potential subjectivity and misinterpretation. The moribund SPLGA 2012
introduced principles and indicators like fiscal capacity, fiscal effort and fiscal
performance, which had inherent tilt in favor of the big cities where economic activity
can generate surplus resources. The new law also addressed this anomaly.
The new law has a progressive feature of Right to Information. Article 160 of the law
makes it mandatory to furnish requisite information within seven days. It also requires
quarterly public disclosure of information regarding staffing and performance of the
offices of the LG. The Article however has one ambiguity that it restricts right to
information with “reasonable restriction”. Rules of business ought to demystify the term
“reasonable restriction” so that it is not used unreasonably.
(Naseer Memon is the chief executive of Strengthening Participatory organization,
SPO: [email protected])
29
www.citizenswire.com
Punjab: Issue of Democratic Decentralization
Salman Abid
The people of Pakistan are faced with numerous problems today including poverty,
terrorism, corruption, and unemployment as well as issues related to education, health,
urbanization and local rural and urban issues. These common national issues cannot
be tackled without simultaneous action and response at the local and provincial levels.
Local democracy means giving people a say in the policies and decisions that affect
their lives daily at the local level.
Participatory democracy combines direct and representative democracy, while
encouraging the involvement of marginalized isolated or previously ignored groups
including under-represented communities and minorities. Strong and effective
democratic local government is the best way of ensuring local democracy and good
governance. Local government (LG) provides the good governance and leadership to
enable local area to plan its development and provide services for local stakeholdersresidents, community groups and others.
The process of devolution began with the 18th Constitutional Amendment under the
previous government and the revival of LGs on priority would facilitate the
implementation of devolution. Further, LG as the third tier of government is necessary
for a strong democratic setup.
Strong and
effective
democratic local
government is
the best way of
ensuring local
democracy and
good
governance.
After a clear directive from the Supreme Court that
provincial governments must ensure that they conduct LG
elections by September 15, 2013. It also directed the
provincial governments to complete and pass the LG laws
from provincial assemblies till August 15, 2013. By end of
2013 all provincial assemblies had passed the law except
Khyber Pakhtunkhwa.
The Punjab Local Government Act (PLGA) 2013 was tabled
in the provincial assembly on July 26, 2013 for approval and
validation. Going through the act makes one realize it is a
nod to the local bodies law of 1979, which strengthened the
bureaucracy rather than elected representatives of the LGs.
As a democratic practice, it is important to define the
difference between LGs and local bodies. What is needed is
LGs not local bodies without administrative and financial powers. Perhaps, the
provincial government is only interested in establishing LGs that function as their
agents and remain dependent on it.
The PLGA 2013 gives limited powers and functions to LGs. The 1979 local bodies
system was created by dictator General Zia-ul-Haq to crush political parties. The
citizens of the provinces were optimistic after the 18th Constitutional Amendment that
now the provincial government will devolve most of its functions to the local level but
through this bill, the intentions of the Punjab government towards centralization have
been revealed. There is a lack of political will to devolve powers at the local level through
30
www.citizenswire.com
decentralization. Therefore the PLGA 2013 is only an
attempt to strengthen the centralized governance model in
the provinces rather than empowering the districts.
The PLGA 2013 does not address the issue of independent
and self-governance based on the LG model. It does not
meet the benchmarks embedded in the Article 140-A of the
constitution that says: “Each province shall, by law,
establish a local government system and devolve political,
administrative and financial responsibility and authority to
the elected representatives of the Local Government.” For
example, PLGA 2013's Clause 119, Subsection 3 says that
the government may, on the recommendation of the Local
Government Commission, suspend a mayor or chairman.
This is not less subversive than the infamous erstwhile
Article 58-2b of the constitution under which in the past,
several democratically elected governments had been
dissolved. Due to this clause the provincial government will
have a direct control over districts.
The PLGA 2013
does not address
the issue of
independent and
self-governance
based on the LG
model. It does
not meet the
benchmarks
embedded in the
Article 140-A of
the constitution
Similarly, Section (h) of this article states that the Local Government Commission would
hold periodic meetings with national and provincial legislators to ensure their
participation in development activities in LG with regards to annual development plan,
utilization of legislators' development grants and implementation of decision in these
meetings. Similarly, Clause 102 of PLGA 2013's Subsection 3 states that the
government may review approved budget of LG and if contrary to the budget rules may
require the LG to rectify it.
This is like providing a window to the provincial government to intervene in the matters
of the LGs and to use this window to snub their political opponents. These clause are
against the spirit Article 140-A of the Constitution of Pakistan. The provincial
government also didn't address the issue of constitutional protection of the LGs for the
continuation of the system at the local level. Article 10 of the Charter of Democracy
mentions that after assuming power the signatory parties will provide constitutional
protection to the local government system.
The decision of the Punjab government to hold elections on a non-party basis also
came as a great shock for the democratic forces in the country. An important agreement
was made between Pakistan People's Party and Pakistan Muslim League-N through
the Charter of Democracy on May 15, 2006 and pledged that LG elections will be held
on a party basis. PML-N has betrayed this agreement by announcing non-party based
elections and through this decision strengthened clan politics at the grassroots level.
PLGA 2013's Clause 17 mentions education and health authorities at the district level,
that local representative are part of the authority, but the chairman, vice chairman and
chief executive officer would be appointed by the provincial government. This is direct
intervention of provincial government in LG affairs and control on the resources and
powers on education and health issues. There are already several regulatory bodies
and departments looking after health and education but the provincial government is
31
www.citizenswire.com
Initially the Punjab
government
announced different
systems for urban
and rural areas.
But after
consultation and
process of
amendment now
there is a uniform
system for both
urban and rural
areas.
insisting on creating new authorities and departments
just for the sake of involving their political entities
rather than strengthening existing institutions.
Indirect election for chairman, vice chairman, mayor
and deputy mayor and for reserve seats would again
encourage high corruption, horse trading, nepotism
and pressure of the ruling party. This practice has
already been seen during the election of
nazims/mayors under the Musharraf system of LGs.
Interestingly, every window of community participation
in the LG through PLGA 2013 has been closed.
Previously this was ensured through citizen
community boards and village and neighborhood
councils. In PLGA 2013 the formula of 33% women's
reserve seats has been distorted and diluted. In urban
and village councils, out of 13 members only two are
now women. At the town, tehsil and district levels the
quota of women reserve seats is only 12% and that too
on the basis of population can be changed. The civil
society is committed to a target of no less than 33% of
women in decision making in the political, public and private sectors and to developing
strategies for increasing their active participation.
Under this bill the executive magistracy puts a question mark on the independence of
judiciary. Initially the Punjab government announced different systems for urban and
rural areas. But after consultation and process of amendment now there is the same
uniform system for both urban and rural areas. The PLGA 2013 didn't mention any
clause related to right to information and Provincial Finance Commission (PFC)
mentioned the formula of resource distribution on the basis of population, poverty and
backwardness.
Overall, PLGA 2013 is a mixture of Local Bodies Act 1979 under General Ziaul Haq and
2000 Local Government Act under General Pervaiz Musharraf, but in totality the
present bill is more close to the 1979 law and strengthens the provincial government
and bureaucracy at the cost of elected representatives and local communities. Some
experts also highlight that this bill even minimizes the power of 1979 local bodies law
making them puppet institutions in the name of independent LGs.
(Salman Abid is a political analyst and development practitioner based in Lahore)
32
www.citizenswire.com
Deterioration of Basic Education in Sindh
Jami Chandio
While public sector institutions in Sindh in general remain deplorable, basic education is
on the verge of obliteration putting the future of the province at stake. In the 21st Century,
which will be a century of competition and in turn of merit and skill, no nation or society
can envision development without education. I call what has taken place in Sindh, “the
evolution of annihilation”.
According to the Annual Status of Education Report (ASER) 2012, there are 44,000
primary, 5,000 middle and secondary schools in Sindh while the number of enrolled
students aged 5-16 is approximately four million. The report informs that the 66%
students who have passed their third grade are not able to read even in their mother
tongue; 78% of those are not able to solve addition and subtraction questions of simple
arithmetic and 75% of the students from government schools are unable to read a single
sentence in English language. This poor condition is of the students aged 5-16, as
majority of the schools does not have proper education. Also, over 80% of primary,
secondary and college teachers are unable to write in English.
Sindh's current Minister of Education Nisar Ahmed Khuro admits that primary education
in the province is on the verge of devastation. In this way it is a slight improvement from
the stance of the previous minister who did not even admit that education in Sindh was
in a bad state. Certain steps taken by the current minister such as reviewing the
curriculum are reflective of the minister's limited commitment towards the improvement
of the quality of education but long-term strategy is still missing.
Article 25A of the constitution mandates compulsory and free primary education to
children aged between 5 and 16, while Articles 37B and 38 of the second chapter of the
33
www.citizenswire.com
In the 21st Century,
which will be a
century of competition
and in turn of merit
and skill, no nation or
society can envision
development without
education.
1973 Constitution also guarantee free basic
education. The Article 26 (1) of the United Nation's
Universal Declaration of Human Rights guaranteed (in
1948) that every human has right to basic education.
Article 28 of the Universal Charter of Children's Rights
in 1989 accepted that all children have right to basic
education. The second target of the Millennium
Development Goals (designed in April 2000) include
basic education for 100% of the world by 2015 but this
target remains unachievable in many parts of the
underdeveloped world such as Pakistan.
The reason for the deterioration of education in government schools in Pakistan,
especially primary and secondary education, is that the standard of educational
expenditure set by UNESCO is minimum 4% of the GNP but Pakistan has been
spending on an average only 2%. Sri Lanka and Bangladesh have better averages..
The national educational policy designed in 2009 suggested that 7% of GNP be spent
on education but this has failed to materialize in a country that prefers to spend
disproportionately more resources on defense instead of education and other
development projects. Education, especially for the poor, has never been the priority of
the state.
In 1951 there were two million children deprived of education while according to the
1998 survey that number exceeded 5.5 million. In Pakistan 5.5 million children aged 10
years are not able to read and write, 52% girls between the ages of 5-16 are not enrolled
in schools, and 67% of women are deprived of ability to read and write. This example
depicts the alarming picture of the state of education from the inception of the country
to-date.
Primary and secondary education in Punjab and Khyber Pakhtunkhwa has improved
comparatively, while the condition in Sindh, Balochistan, Federally Administered Tribal
Areas and Gilgit-Baltistan is the worst. The tragedy is that Sindh's education was the
best among all the provinces in the country at the time of its inception and remained so
until the 1960s.
There are total 49,000 primary and secondary
schools in Sindh of which about 18,000 are defunct.
Most of those are used as godowns and get-together
places of local influential landlords. The media has
been showing pictures and documentaries on these
'ghost schools' that have turned into stables for
animals.. There are 146,000 teachers of primary and
secondary schools and according to a survey over
50,000 of these never come to schools – they get
their salaries by bribing the concerned authorities.
According to government statistics there is 55%
literacy rate in the urban areas and 42% in the rural
regions. Only 39% of the 5-16 year demographic go
34
www.citizenswire.com
There are total 49,000
primary and
secondary schools in
Sindh of which about
18,000 are defunct.
Most of those are
used as godowns and
get-together places of
local influential
landlords.
to government schools. Sindh is the only province of Pakistan where 21% (Rs134
billion) of the province's total budget (Rs617 billion) is spent on education. After the 18th
Constitutional Amendment education now is a provincial subject. Nonetheless in Sindh
only 4.2 million of 11 million children are enrolled in schools. There is no adequate space
in government schools to accommodate the out-of-school children which Article 25-A
mandates.
However, there are several other dimensions of the issue of education in Sindh. For
example why would parents send their children to schools where quality education is not
imparted? According to the government's figures there is no electricity in 24,000
schools of Sindh, 10,000 do not have boundary walls and 15,000 do not have
washrooms while 20,000 lack even drinking water. According to another survey 19% of
school buildings in Sindh are in disrepair and are a danger for children while 58%
schools require repair.
Renowned economist and Nobel laureate Dr Amartya Sen has highlighted four
standards in his thesis, without which parents and especially poor parents cannot send
their children to schools: (1) the schools should be near the homes of children, (2) there
EDUCATION INDEX – PROVINCES AND TERRITORIES – NATIONAL RANKINGS
Rank
1
2
3
4
5
6
7
Province/Territory
Azad Jammu & Kashmir
Punjab
Gilgit-Baltistan
Khyber PakhtunKhwa
Sindh
FATA
Balochistan
Education
Score
Enrolment
Score
Achievement
Score
Survival
Score
Gender
Parity
Score
77.96
68.78
67.45
63.79
51.67
78.75
81.67
65.67
64.93
63.56
54.53
44.45
35.78
46.37
29.35
73.20
45.60
70.40
56.40
36.40
11.60
15.60
94.94
84.30
79.21
80.14
66.19
67.90
79.33
47.42
46.70
74.17
68.33
63.83
62.50
Alif Ailaan: Pakistan District Education Rankings 2013, In association with The Sustainable
Development Policy Institute
SCHOOL INDEX – PROVINCES AND TERRITORIES – NATIONAL RANKINGS
Rank
1
2
3
4
5
6
7
Province/Territory
Punjab
Sindh
Khyber Pakhtunkhwa
FATA
Balochistan
Gilgit-Baltistan
Azad Jammu & Kashmir
School
Score
Electricity
83.47
66.70
66.18
35.17
26.61
26.22
23.60
77.97
51.34
51.91
36.70
12.75
20.11
11.97
Availability
Water
Toilet
92.21
79.21
77.73
32.04
38.94
31.85
26.39
90.88
78.55
78.18
37.13
28.25
34.15
26.53
Building
Boundary Condition
Satisfactory
Wall
91.44
77.88
77.54
53.51
33.19
27.17
16.97
64.87
46.50
45.52
16.44
19.91
18.80
36.15
Alif Ailaan: Pakistan District Education Rankings 2013, In association with The Sustainable
Development Policy Institute
35
www.citizenswire.com
should be free quality education, (3) schools should be secure, and (4) education must
offer children a better future. Based on this there is no capacity of the Sindh government
to give free and quality education to its 11 million school-age children, nor would the
parents find value in sending their children to schools.
A research report of the DFID-supported Alif Ailaan project, in collaboration with
Sustainable Development Policy Initiatives and conducted by a number of educational
experts and university academicians has analyzed the condition of education in
Pakistan. Findings of its report indicate a gloomy picture of education in Sindh. For
example under the country wise classification and educational index the educational
score of Sindh is 51.67%, admission of children score 68.33%, success score 35.78%,
and survival score 36.40%. It means the dropout ratio of students after admission is that
it drops from 86.33% to 36.44%.
EDUCATION INDEX – SINDH – DISTRICT RANKINGS
Rank
Province/Territory
1
2
3
Karachi
Hyderabad
Khairpur
4
5
Nowshero Feroze
Larkana
Dadu
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Shaheed Benazeerabad
Sukkur
Shikarpur
Tharparkar
Sanghar
Umer Kot
Ghotki
Kashmore
Jamshoro
Mirpurkhas
Qamber Shahdadkot
Jacobabad
Badin
Matiari
Tando Allah Yar
Thatta
Tando Muhammad Khan
Education
Score
Enrolment
Score
Achievement
Score
Survival
Score
63.40
55.68
55.12
53.83
53.59
51.89
51.43
50.02
49.50
49.45
49.35
49.31
48.28
48.27
47.46
46.84
46.79
46.42
45.49
82.50
63.33
73.33
64.17
64.17
70.83
65.83
67.50
60.83
72.50
67.50
48.60
39.36
38.25
48.68
36.53
44.60
36.03
41.63
37.70
24.33
37.03
37.75
40.48
34.43
30.68
35.95
37.58
20.70
39.50
24.08
30.48
27.38
31.18
38.40
40.00
50.00
42.00
50.00
45.20
47.60
31.60
40.00
32.40
32.80
27.20
44.40
49.20
37.60
22.00
34.00
51.60
26.80
28.00
24.00
15.20
20.40
44.24
40.42
39.18
38.51
74.17
58.33
56.67
57.50
67.50
55.83
55.83
52.50
63.33
53.33
50.83
45.83
Gender
Parity
Score
84.11
80.01
58.89
60.48
63.68
46.94
56.27
59.36
59.48
68.56
60.06
58.11
49.92
52.78
64.06
61.91
59.79
57.57
63.16
61.57
53.87
63.29
56.63
Alif Ailaan: Pakistan District Education Rankings 2013, In association with The Sustainable
Development Policy Institute
In the index Sindh fares only better than Balochistan and FATA and while lags far behind
Punjab and Khyber Pakhtunkhwa.
36
www.citizenswire.com
In the same report the district wise index makes some
alarming revelations: Sindh's largest city Karachi too
stands at 56 out of Pakistan's 141 districts. The ranking of
other districts of Sindh is: Hyderabad 73, Khairpur 77,
Naushehro Firoze 80, Larkana 81, Dadu 88, Nawabshah
90, Sukkur 98, Shikarpur 101, Tharparkar 102, Sanghar
105, Umerkot 106, Ghotki 110, Kashmore 112, Jamshoro
116, Mirpurkhas 117, Qambar-Shahdadkot 119,
Jacobabad 120, Badin 122, Matiari 135, Tando Allahyar
130, Thatta 133 and Tando Muhammad Khan 134. Not a
single of Sindh districts ranks among the country's top 50
districts but 15 provincial districts rank among the worst.
According to this survey report, in the national school
index, out of Pakistan's 144 districts Sindh's Larkana
district stands at 42, Karachi 44, Hyderabad 45, Sukkur 56,
Tando Allahyar 58, Qambar Shahdadkot 60, Khairpur 65,
Naushehro Firoze 68, Jamshoro 70, Shikarpur 72,
Nawabshah 77, Sanghar 80, Ghotki 82, Tando
Muhammad Khan 83, Umerkot 87, Dadu 91, Badin 93,
Tharparkar 117, Jacobabad 125, Kashmore 127 and
Thatta 140.
The time to take
up the issue of
education in the
province with
the required
seriousness and
responsibility, is
now. Political
parties, the
media and
civil society
must play their
respective roles
to bridge the
education deficit
in Sindh.
The statistics portray a gloomy picture of the state of
education in Sindh. Provincial Minister of Education Nisar
Khuro told an educational conference in Hyderabad that
Rs118 billion of Sindh's Rs134 billion educational budget goes into payment of salaries
of teachers and educational officers and administrative expenses. If the total
expenditure of education is divided with the number of enrolled children, the per child
comes to Rs2,500 per month per child. India spends only Rs16,000 annually on each
child and yet manages to provide free education and meals to 12 million children. This
policy has increased school enrolment by 22% in a decade. The question is why can't
Sindh achieve the same results despite spending Rs30,000 annually on each child?
No qualitative change is possible in Sindh without an educational revolution. Now is a
crucial time to take up the issue of education in the province with required seriousness
and responsibility, and political parties, the media and entire civil and collective society
must play their respective role to bridge the education deficit in Sindh.
[Jami Chandio is a renowned scholar, writer and activist, and currently working as
executive director of the Center for Peace and Civil Society]
37
www.citizenswire.com
Educational Reforms in Balochistan
Syed Ali Shah
Like other federating units, for the first time in the history of Pakistan, Balochistan has
also been empowered to reform its curriculum courtesy of the 18th Constitutional
Amendment, which has devolved, among other subjects, the responsibility of education
to the provinces. The Education Department has launched the Balochistan Sector Plan
to reform the curriculum and prepare a future roadmap in terms of ensuring provision of
education to children.
“The plan gives a vision and method to achieve the future goals”, Secretary Education
Balochistan Ghulam Ali Baloch has said. Currently the curriculum prepared by the
Federal Government in 2006 is being taught in schools of Balochistan like in other parts
of the country.
Nationalists - both
Baloch and
Pashtun - have
traditionally
viewed the
curriculum
taught in
government-run
schools in the
province with
suspicion.
It has been their
long standing
demand to reform
education in
line with
aspirations of the
indigenous
people of
Balochistan.
Nationalists - both Baloch and Pashtun - have traditionally
viewed the curriculum taught in government-run schools in
the province with suspicion. It has been their long standing
demand to reform the education in line with aspirations of
the indigenous people of Balochistan. The passage of the
historic 18th Amendment allows them to meet this long
standing demand.
Now the Balochistan government has decided to include
the names and descriptions of the political struggle of
visionary Baloch and Pashtun nationalist leaders in the
curriculum with an objective of educating the next
generation about the sacrifices rendered by indigenous
heroes of the past.
The current Chief Minister Balochistan Dr Malik Balochled nationalist government appears to be determined to
include the names of Mir Ghous Bakhsh Bizenjo, Khan
Shaheed Abdul Samad Khan Achakzai, Nawab Akbar
Khan Bugti, Mir Yousaf Aziz Magsi and other legendary
leaders of Balochistan in the curriculum.
“We cannot deceive our young generation - we must make
them aware of the struggle of our own heroes”, Dr Malik
Baloch said recently. He assured that as in the past, the
founding fathers of nation, Muhammad Ali Jinnah, Dr
Allama Muhammad Iqbal and all those who played a role in
the creation of Pakistan would be also taught in schools.
“Nobody should be frightened that we will forget our
country's national heroes”, he assured.
Apart from reforming the curriculum, the Balochistan cabinet has also approved the
38
www.citizenswire.com
Free and Compulsory Education Bill 2013. “The
bill will be presented in the Provincial Assembly,”
Baloch said. Under the proposed legislation, the
government will be bound to provide free
education to children. “Children can even
approach the court in case there is no school in
their village”, Baloch explained.
Balochistan lags behind other provinces in terms
of social indicators. According to World Bank
Report 2006, the province stands below other
provinces in Pakistan in ten key social indicators,
including education, health, sanitation, drinking
water and literacy. The official reports paint a
bleak picture of education in the province.
Secretary Education Ghulam Ali Baloch reveals
that more than 2.3 million children are deprived
of education in Balochistan. He said the total
number of children in Balochistan is 3.6 million of
which only 1.3 million have access to some kind
of educational institutions.
The current Chief
Minister Balochistan
Dr. Malik Baloch-led
nationalist government
appears to be
determined to include
the names of
Mir Ghous Bakhsh
Bizenjo,
Khan Shaheed
Abdul Samad Khan
Achakzai,
Nawab Akbar
Khan Bugti,
Mir Yousaf Aziz Magsi
and other legendary
leaders of Balochistan
in the curriculum.
“No doubt the situation appears to be grim
regarding education”, the chief minister, who was
also education minister in the mid-1990s,
admits. Moreover, under the new plan 15,000
teachers are being recruited to ensure presence
of teachers in schools, located in remote-areas of the province. “We will bring back
these children to schools”, he pledges. “If we failed to do so, it will be disastrous”, he
added.
Traditional criminal silence on the part of the government along with other social,
political, economic and religious reasons have been the main contributing factors to the
grim state of education in the province.
For the first time, the new nationalists-led government has allocated 24% of the total
budget for development of education sector in Balochistan. “Our priority is education,
since it offers solution to all ills the society”, the chief minister says. However he admits
that there are many barriers before the government can succeed in terms of
implementing its Balochistan Sector Plan to reform the curriculum, open new schools
and ensure presence of teachers in every nook and corner of the area, in the biggest
federating unit of the country. The secretary education goes a step forward and says
that after 18th Amendment, now the provinces should devolve powers to districts.
For reforming the curriculum, the Education Department has approached consultants
from Islamabad. The curriculum will be prepared and reformed as per the requirement
and wishes of the people of Balochistan. “This is a technical job - the consultants will
only guide us”, Ghulam Ali Baloch says.
39
www.citizenswire.com
Madrassas
(religious schools)
replaced schooling in
most parts of northern
Balochistan (the Pashtun
dominated areas) and
central Balochistan,
Khuzdar, Mastung, Kalat
and other areas. The
madrassas not only
provide religious
education but also
boarding and lodging.
Similarly, the teachers would also be trained
according to the curriculum. According to the
secretary education the number of primary,
middle and high schools in Balochistan is
12,600. “More than 2,000 schools and more
than 3,000 teachers are ghosts
(dysfunctional)”, he says. The present
government has launched a drive to ensure
the presence of teachers in remote areas of
the province. The number of government
teachers as per the statistics of Education
Department is 56,000. The government of
Balochistan pays around Rs2 billion in salaries
to these teachers annually, an officer of the
provincial finance department says.
Madrassas (religious schools) replaced
schooling in most parts of northern
Balochistan (the Pashtun dominated areas)
and central Balochistan, Khuzdar, Mastung, Kalat and other areas. The madrassas not
only provide religious education but also boarding and lodging. However, schools
cannot provide the aforesaid facilities. Subsequently many parents opt to get their
children admitted in seminaries rather than government-run schools. The number of
madrassas has significantly increased in Balochistan. Sources in the provincial
industries department reveal that around 3,000 madrassas were registered in
Balochistan under the former military regime of General Pervaiz Musharraf. They said
the number of unregistered seminaries is more than 10,000.
“Interestingly all madrassa-s are functional”, Niamatullah
Khan, a well-known education said. Khan said there were
around 22,000 settlements in Balochistan. The
government was able to open up only 12,600 schools. The
remaining 10,000 are still without schools. “The
government has to declare an education emergency in the
province to educate the new generation”, he asserts.
Bringing reforms in the curriculum and bringing the 2.3
million children out of schools currently into classrooms is a
colossal challenge facing the Dr Malik Baloch-led
government. However this is a challenge that cannot be
ignored and cannot be tackled without prioritization.
[Syed Ali Shah is a Quetta-based journalist and researcher]
40
www.citizenswire.com
“The government
has to declare an
education
emergency in the
province to
educate the new
generation”
Educational Chaos in Islamabad
Azam Khan
Despite the devolution of health and education subjects from the federal level to the
provinces through the 18th Constitutional Amendment, confusion still prevails in the
minds of the top bureaucracy of federal capital Islamabad about their leftover mandate.
This is evident from exchange of a plethora of official letters and summaries between the
center and the provinces.
One of the authors of the 18th Amendment, Senator Raza Rabbani, has explained
repeatedly the spirit of devolution of power and opposed any interference in the affairs of
the provinces but it appears that Islamabad is finding it hard to give up its erstwhile
powers.
Post-devolution the formation of a federal ministry of education in Islamabad and the
simultaneous existence of Capital Administration and Development Division (CADD), a
body established after devolution of education and health to the provinces to take care of
leftover departments in Islamabad, are at loggerheads with each other as well as with the
provincial authorities.
The federal education ministry is currently looking after technical institutes including the
National Commission for Human Development and the National Vocational and
Technical Training Commission (NAVTTC). The Supreme Court in its judgment on
November 25, 2011 had maintained that under Article 25-A of the Constitution, the
federal government could not absolve itself of the responsibility of providing education to
its citizens.
The Council of Common Interests (CCI) has constituted a committee under the federal
law minister to look into the role of the federal government vis-à-vis education in light of
constitutional provisions and the Supreme Court judgment. The federal government in
June this year renamed the ministry as the Ministry of Education, Trainings and
Standards in Higher Education. This is the third time its name has been changed after the
18th amendment.
Recently, the ministry released a 3-year “National Plan of Action,” containing data
provided by the provinces for devising a strategy to gradually enroll over eight million outof-school children across the country. According to the ministry's website, it outlines
policies, plans and programs for ensuring mass education and integrated professional,
vocational and technical training in sync with national needs and international
requirements. The background conversation with ministry's officials demonstrates that
they are convinced that the ministry should stay with the federal government as it is
unlikely that international donors would contact provinces to make commitments to the
cause of education in the country.
A summary seeking jurisdiction over various education bodies not taken by the provinces
after the 18th Amendment, has been sent for the prime minister's approval by the
Ministry of Education, Trainings and Standards in Higher Education. “All subjects related
41
www.citizenswire.com
to the defunct ministry or any other remaining department or subject yet not handed over
to the provinces should be given to the ministry,” read the summary.
In a discussion during a recent secretaries' meeting, it was also decided in principle that
education and health bodies should be brought under their respective departments or
ministries. A proposal to hand over the administrative control of Pakistan Institute of
Medical Sciences and Polyclinic to the Ministry of National Health Services is also under
consideration.
After the approval of the summary, the Federal Directorate of Education (FDE), Federal
College of Education, Academy of Educational Planning and Management, National
Education Assessment Centre, Directorate General of Special Education, National
Institute of Science and Technical Education, Private Educational Institutions Regulatory
Authority and National Language Authority would be controlled by the ministry. Now
officials are campaigning that getting control of the FDE will be a big success for the
federal education ministry that is keen to bring reforms as dozens of issues halting
educational progress in the capital are pending with the department including
regularization of over 2,000 employees, enhancing quality of education in the capital's
institutions and addressing issues like provision of textbooks.
The legislators too question the justification for a federal education ministry. A
parliamentary panel questioned the Education Minister on September 10, 2013 and
asked him to answer why there was still a federal education ministry when it had become
a provincial subject after devolution of power to the provinces. Education and health are
federal subjects everywhere in the world and devolution may result in national
disconnect, replied the state minister for education, Balighur Rehman, to which Awami
National Party (ANP) Senator Afrasiab Khattak had remarked that they debated the issue
for months before devolving it to the provinces through the 18th Amendment. Calling it a
federal subject means reverting it to the center, the legislator said. Rehman and Khattak
had also exchanged hot words and the senator had alleged that the current government
was trying to retain the education and health ministries.
The official record suggests that the education ministry also assumed the role to
coordinate with provinces at least for uniform education system. The minister of state of
the education ministry has sent letters to four chief ministers, seeking recommendations
from all the provinces regarding the structure and main features of the uniform curriculum
authority. The minister is sure if he is not following the spirit of constitution then he is
toeing the party's manifesto for a national curriculum. The minister has urged chief
ministers to ensure a uniform standard in syllabus for both public and private schools at
all levels across the country.
The letter particularly seeks recommendations on topics like national ideology, common
values and maintenance of minimum standards in each subject. The proposed
commission for a national curriculum will have representation from all provinces and
federal territories. Education secretaries and experts from all provinces would comprise
the commission, which will be headed by each province and the federal government on a
rotational basis. But so far no headway has been made as the provinces are reluctant to
surrender what they earned after extensive democratic dialogue.
[Azam Khan is an Islamabad-based journalist]
42
www.citizenswire.com
Predicament of Post-Devolution Higher Education
Murtaza Noor
Education has been understood as an essential element for development and social
change. Higher education, in particular, is known to play a crucial role in grooming a new
generation as catalyst for socio-economic change in the country. Pakistan's budgetary
allocation for education is among the lowest in the world, at less than 2% of the GDP.
Only six countries in the world spend less than Pakistan on education as percentage of
GDP. Out of total allocated amount for education sector, less than 10% is spent on
higher education, which is also among the lowest among developing countries.
According to international standards, the budget for higher education should not be less
than one-fourth (25%) of the total allocated education budget but in Pakistan it is less
than one-tenth. Pakistan is already struggling to improve its low access to higher
education ratio, which currently stands at 8% as compared to 18% in neighboring India,
12% in Bangladesh 37% in Malaysia, 39% in Turkey and 95% in South Korea.
The previous federal government allocated Rs87.08 billion for higher education during
2007 to 2012 but only released Rs66.94 billion. A shortfall of Rs20.14 billion severely
affected Pakistan's already neglected higher education sector.
The 18th Constitutional Amendment is an important step towards strengthening
parliamentary democracy and federal system in Pakistan. It promises more autonomy
to the provinces, a popular demand put forward by a number of political parties. Apart
from the political restructuring, the Amendment also holds some major implications for
the country's system of education. Through it a new Article 25-A, the right to education
has been made a fundamental right.
Prior to the 18th Amendment, there was no explicit entry dealing with higher education.
Realizing the importance of higher education for socio-economic development of
country, the Amendment contains specific provisions regarding higher education. In the
Fourth Schedule [Article 70(4)]: Federal Legislative List, Part I, Items 16 and 17 address
issues such as research and foreign students, while the Fourth Schedule [Article 70(4)]:
Federal Legislative List, Part II, Items 6, 7, 11, 12 and 13 deal with regulation of higher
education, national planning, coordination of scientific and technical research, legal,
medical and other professions, standards in institutions of higher education and
research as well as scientific and technical institutions and inter-provincial matters and
coordination. Presently, these functions are being undertaken by Higher Education
Commission (HEC).
The promotion of higher education has also become joint responsibility of federal and
provincial governments as Federal List II functions fall under the preview of Council of
Common Interest (CCI). The council in its meeting held during May 2011 decided that
the financing of provincial universities and population welfare would be the
responsibility of federal government till next National Finance Commission (NFC)
Award. Meanwhile, the provinces should also have responsibility to build the capacity of
universities by providing them funding so that they can meet the standards.
43
www.citizenswire.com
The main purpose
of all collaborative
efforts should be the
strengthening of the
higher education
sector, which has
already been
suffering for the
past few years.
T h e 1 8 t h A m e n d m e n t Im p l e m e n t a t i o n
Commission, constituted under Article 270-AA of
the Constitution of Pakistan, recommended that
HEC at federal level should have certain powers,
including evaluation of the performance of
institutions; prescribing conditions for higher and
technical education; setting up national or regional
evaluation councils; accreditation, evaluation and
ranking of institutions; faculties and disciplines;
setting up tested bodies or designate any existing
body; equivalence and recognition of degrees; and
diplomas and certificates of higher education within
the country and abroad, etc.
As a follow-up of the spirit of 18th Amendment, HEC in the last few years has
undertaken a number of reforms which include allocation of development funds to the
universities as per NFC formula, application of federal quota policy on indigenous and
foreign scholarships, formation of task force on Balochistan, effective formal working
mechanism with provincial higher education departments, special human resource
programs and fee waiver schemes for less developed areas, formation of provincial
chapters of vice chancellors committee, ensuring provincial representation in various
committees, strengthening HEC regional centers and setting up new sub offices, award
of fellowships on federalism, degree attestation services at regional offices and joint
programs for improving quality of college education, etc.
On the other hand, since 2010-11, the first year of flow of greater resources to provinces
under the 7th National Finance Commission (NFC) Award, provincial spending on
education has increased 37% but little funds have been allocated for higher education
sector considering it as the responsibility of federal government till the next NFC Award.
Currently, the recurring and most of the development expenditure of federal and
provincial universities are being met by federal government through HEC.
Meanwhile, within last few years about more than 25 new public universities have been
announced and established by provincial governments mostly by upgrading existing
colleges and without taking into consideration qualified faculty and other necessary
requirements including finances.
In addition, the combined budgetary allocation (federal and provincial) and the
expenditure at the district level for all tiers of education (primary to higher) is an
estimated Rs504 billion for 2013-14. This amount is nearly 17% higher than the
preceding year's actual spending and represents 8% of the entire budgeted
expenditure for 2013-14. The academicians and experts describe it a positive step, as
total education budget has increased and expect that each tier of education including
higher education would get more share accordingly. But unfortunately out of the
combined budgeted allocation for education, 82% is earmarked for current expenditure
(mainly salaries) and only 18% for development expenditure (construction of new
facilities, upgrading existing facilities, etc.). In 2012-13, only Rs31.3 billion out of total
allocated development expenditure on education, i.e., Rs70.3 billion was utilized. It is
just 44.52 percent utilization.
44
www.citizenswire.com
As far as legislation on higher education at provincial level is concerned, the Sindh
Assembly passed the Provincial Higher Education Commission (PHEC) Act during the
closing days of previous government which was challenged in Sindh High Court on the
grounds that the provincial act was in conflict with the Constitutional (Article 143 in
which no provincial law can be introduced in the presence of the federal law, unless the
federal law is amended) and was contrary to the recommendations of the 18th
Amendment Implementation Commission as well. Some constitutional experts have
suggested that this matter be left with Council of Common Interests.
The new Khyber Pakhtunkhwa government has established a working group to
deliberate on the issue and present recommendations. The provincial government of
Balochistan is reviewing the matter along the same lines. As per its manifesto, ruling
Pakistan Muslim League-N- government supports a strong, autonomous and
resourceful HEC at the federal level. One of the major developments that took place in
higher education sector after 18th Amendment is transferal of the powers of
appointment of vice chancellors and other administrative matters from the governor
(representative of the federal government) to the chief minister (elected chief executive
of the province).
The provincial assemblies of Khyber Pakhtunkhwa, Punjab and Sindh have already
taken necessary legislative steps in this regard. The vice chancellors are being
appointed through search committees formed by the respective provincial
governments. The academic staff associations, academicians and civil society circles
demanded that these search committees should comprise relevant experts and
appointment of vice chancellors may be ensured through a transparent and merit based
mechanism without any political interference. The nominations for university
syndicate/senate members may also be ensured on the same lines.
To address the challenges of higher education sector in the post-18th Amendment
scenario, a broad-based consultation process should be initiated without any further
delay with the concerned stakeholders; federal and provincial governments,
parliamentarians, vice chancellors, civil society, faculty associations and foreign higher
education bodies. A task force on higher education, which is awaiting notification,
should be notified. The task force should make recommendations to the federal and
provincial governments on the role, status and structure of higher education
organizations both at federal and provincial level so that new legislations in conformity
with 18th Amendment can come in effect at respective level.
The main purpose of all collaborative efforts should be the strengthening of the higher
education sector, which has already been suffering for the past few years. Best
international practices should be emulated and recommendations of stakeholders
should be taken into consideration. Autonomy of the higher education institutions with
necessary checks and balances can ensure these institutions can serve as the hub of
innovation, creativity and research and play their pivotal role in building communities
and economies.
[Murtaza Noor is Focal Person of Inter University Consortium for Promotion of Social
Sciences and is associated with higher education sector]
45
www.citizenswire.com
Putting 25m Children in Schools with the Help of Article 25A
Adnan Rehmat
Pakistan is ranked the second worst country of the world boasting the dubious
distinction of having the most schoolgoing age children out of schools – the
staggeringly high number of 25 million. Only Nigeria has worse figures. More than 6
million Pakistani children out of schools are of primary school age. This is the highest
ranking in the world. Sudan is the second highest at 3 million. Pakistani girls enrolled in
primary schools expressed as a percentage of total number of pupils in primary schools
stands at about 40 percent. This is the second worst ranking in the world, after
Afghanistan. Close to 4 million girls of schoolgoing age in Pakistan are out of schools –
this is the worst ranking in the world. How can we possibly sleep at night?
Whose responsibility is it to ensure children go to schools? What does the state feel
about this? Article 25A as part of the 18th Constitutional Amendment enacted in 2010
promises free and compulsory education for children between 6 and 16 years. Says
Article 25A, rather succinctly, “The State shall provide free and compulsory education to
all children of the age of five to sixteen years in such manner as may be determined by
law.” But the devil, as they say, is in the details – in the absence of definitions of 'free'
education and 'compulsory' education or elaboration for the age bracket of '6 to 16
years', there cannot be accurate estimations of the resources necessary to enforce
Article 25A. The key implication for the federal state and provinces, then, is that they are
in serious danger of rigging themselves up for failure in regards to enforcing Article 25A.
Reading 25A right
What does 'free' education mean? Does it mean just free tuition, or also free books and
free transport? Education being a provincial subject, the budget for free text books and
free transport would be different from the budget for free tuition. Then there's
'compulsory' education. Does this mean parents will be forced to send children to school
and if not forced will they be punished? If so, legislative requirements will be needed for
this, as well as enforcement mechanisms – and allied budgets. Are provinces ready for
this? And the what about the section of Article 25A that promises taking care of the
educational needs of children between the ages of '6 and 16.' Does this mean 10 years
of education or educating children of this age group matriculate? What if a student fails
and cannot complete matriculation by age 16? In such a case, will s/he not be
subsidized for full matriculation?
Lack of clarity on interpretation on scale, scope and mechanisms means the provinces
may not be able to work out the budgets to implement Article 25A. If this isn't bad
enough the last National Finance Commission (NFC) Award, which allocates the share
of national revenue for the provinces, came before the 18th Amendment (and the
attendant Article 25A). This means that the provinces' allocations for education budgets
are devoid of the accuracy in estimation of resources required to enforce Article 25A.
This has a real potential for Article 25A to be doomed for failure with the dire implication
that even more children will be added to the tally of 25 million children already out of
schools.
46
www.citizenswire.com
25m voters for education
The latest general election was held in May 2013 and
education was one of the key themes of focus of
manifestos on which promises of political parties were
made. This means the demand side of education was
outlined – both first through political consensus on
18th Amendment (inclusive of Article 25A) and
through the election pledges of parties. Elections have
happened and different parties have come into power
in the provinces. Over 25 million votes have been
secured based on promises and now it's time to fulfill
them, i.e., it is now time to investigate and attend to the
supply side of education. There is a need to create a
lobby to demand enactment and to help bring the
focus on drafting mechanisms, not just compliance.
Bringing together relevant stakeholders to create such
mechanisms and lobby to serve as a watchdog on the
commitments made by political parties is important.
The practicality of
implementing
Article 25A needs
to be understood by
political parties,
provincial
governments,
policymakers and
stakeholders through
investigation and
advocacy about the
essential links
between promises by
political parties,
resource allocations
and governance
mechanisms on
education policies
for them to succeed.
The practicality of implementing Article 25A needs to
be understood by political parties, provincial
governments, policymakers and stakeholders through
investigation and advocacy about the essential links
between promises by political parties, resource
allocations and governance mechanisms on
education policies for them to succeed. This
investigation is missing and needs to be conducted.
The fact that the NFC Award, which divides national revenue among the provinces,
came before the 18th Amendment means that the massive funds required for effective
and successful implementation of Article 25A are not available. The appropriate
allocations were therefore not made by any province in the budget for the new fiscal
year after the May 2013 elections. This also means the provinces and the new parties
that have come to power there are not really equipped to meet this obligation.
Subordinate legislation
For all the above, subordination legislation is necessary, particularly by the provinces.
Do the parties/provinces know about this, are they doing something about this, and
have they the resources to do it, or have the priority and commitment to do this, or have
made pronouncements and facilitative policies to make it happen so that allocations
can be secured? So what about mechanisms for implementation, enforcement and
facilitation and the resources necessary for these mechanisms? The NFC Award
doesn't factor these and recommend / allocate resources. So does this mean a new
NFC is needed? Or a new amended Article 25A is needed?
Then there is Article 140A of the Constitution dealing with devolution – asserting that
ultimately subjects including education are to devolve from provinces to districts. So
how prepared the provinces are for this in terms of policies and resources required to
fulfill the obligations of Article 140A? Don't hold your breath on this one.
47
www.citizenswire.com
Putting another 25m in classrooms
The following roadmap is recommended to build a consensus in each of the four
provinces to generate the urgency of effort and detail required to promote prioritized
enforcement of Article 25A:
1.
Identify the resource allocation and budgetary gaps between implied costs of
implementation of Article 25A and the last NFC Award allocations relating to
education
2.
Quantify the costs of pledges made on education in manifestos of political parties
heading provincial governments now and their actual allocations to education in
the latest provincial budgets with specific focus on implementation of Article 25A.
3.
Promote awareness and dialogue among key stakeholders, including parties,
governments, CSOs working on educational issues and educationists, on the
gaps between promises and actual budgets and actual resources and
mechanisms needed for implementing Article 25A.
4.
Empower key supply-side actors such as teachers and their unions to move
beyond demands for higher salaries to articulate demand for realistic resource
allocations from policymakers for implementation of Article 25A.
Time is running out.
We need to send those
25 million children to
schools who have never
been to a classroom in
their lives. How can
this not be
the top priority of
the provinces?
Efforts are needed to assist and inform the debate
on implementation of Article 25A at the federal and
provincial levels by generating accurate, specific
and relevant information, research, analysis and
context required to generate support for the cause
to promote better understanding among the key
stakeholders for the kind of planning and
strategizing required to practicalize the
implementation of Article 25A.
By generating relevant and currently unavailable
data and analysis on the links between promises
of political parties, allocations of resources and
proper interpretation of the implications of Article
25A, particularly in relevance to the NFC Award,
the provinces can better plan implementation of
this constitutional guarantee. There is a dire need to nudge the debate from generalities
to specificities and practicalities to improve the chances of the success of
implementation of Article 25A and generate the right resources that currently don't exist
to make this happen. Time is running out. We need to send our 25 million children to
schools who haven't been to classrooms in their lives. How can this possibly not be the
top priority by the provinces?
[Adnan Rehmat is based in Islamabad and is a development communications specialist
and political analyst]
48
www.citizenswire.com
Tribute to Nelson Mandela
Civic Thoughts
in the absence of elected local government the citizens are denied of their constitutional right to
representation at political and fiscal fronts. The development needs and demands of these
areas are not being articulated and included in the overall budget making as these are the
provincial governments making arbitrary decisions for these areas. This distant and vertical
decision making is creating fiscal and political distortions in the country.
In all four provinces, the local government funds are being decided and diverted by the provincial
headquarters which encourages elite capture and leads to regional and sub-regional disparities.
Local governments still remain the unfinished agenda item for the Pakistani democracy on the
one hand and the state of Pakistan remains incomplete without the third tier of governance in the
country on the other.
Amjad Bhatti, National Technical Advisor
SPFD, UNDP-Pakistan
The basic premise of the citizens' right to information (RTI) is that as that the citizens pay for
the expenditures incurred by the governments through their taxes. They have a right to
know what is being done with their money. But for centuries the bureaucracies and
politicians have been in the habit of working in an environment of secrecy, in the name of
national security, breeding a culture of corruption, favoritism and nepotism. The 18th
Amendment has made the RTI a constitutionally protected right of every citizen of Pakistan.
The introduction of 'sunshine' laws–as the RTI legislation is known–is bound to bring
about transparency in the public affairs, reducing the potential for corruption and misuse of
power.
Muhammad Ali Shaikh, PhD
Professor and Vice-Chancellor SMI University, Karachi 74000
In a democratic society, every citizen has five keys to reform the rot system.
The first is quality education to protect him/her from all sort of mental
incapacitation and be active and effective citizen, the second is power of vote
to be governed democratically without any fear and coercion, the third, right to
information for transparent governance; the fourth is the consumers right to be
protected from excesses of the market and the fifth and final one is public
interest litigation if someone trying to snatch any of these keys.
Zafarullah Khan, Executive Director,
Centre for Civic Education Pakistan
www.citizenswire.com