REPORT The Eighteenth Amendment and Civil-Military Relations Pakistan Study Group on Federalism Friday, February 20, 2015 National Institute of Historical and Cultural Research, New Campus, Quaid-i-Azam University, Islamabad. PAKISTAN STUDY GROUP ON FEDERALISM Contents Abbreviations and Acronyms ....................................................................................................................................4 Preface ....................................................................................................................................5 Brief Report of the Public Launching of Pakistan Study Group on Federalism ....................................................................................................................................6 Key Note Address Dr. Mohammad Waseem, Professor of Political Science, LUMS ....................................................................................................................................7 Vote of Thanks Zarina Salamat, Vice President, Council of Social Sciences ....................................................................................................................................9 Pictorial ..................................................................................................................................10 3 PAKISTAN STUDY GROUP ON FEDERALISM Abbreviations and Acronyms COSS Council of Social Sciences NIHCR National Institute of Historical and Cultural Research QAU Qauid-i-Azam University UNDP United Nations Development Programme 4 PAKISTAN STUDY GROUP ON FEDERALISM Preface The Pakistan Study Group on Federalism organized its lecture “The Eighteenth Amendment and Civil-Military Relations” on February 20, 2015 at the National Institute of Historical and Cultural Research, QAU, Islamabad. Academics, Civil Society and media persons attended this lecture with shared enthusiasm. Keynote Speaker was Dr. Mohammad Waseem, Professor of Political Science, LUMS. Keynote Speaker pointed out the pros and cons of the eighteenth amendment. He shed a light on the dynamics of civil-military relations after this historical amendment. Disclaimer: The content of this report does not necessarily represent the views of Pakistan Study Group on Federalism. Islamabad 12 November, 2014 5 PAKISTAN STUDY GROUP ON FEDERALISM Brief Summary The 18th Constitutional Amendment, passed unanimously by all political parties, has introduced radical reforms by giving unprecedented autonomy to provinces in legislative, fiscal and administrative domains; however, the implementation and institutionalization of decentralization faces significant challenges in a state which has a strong legacy of a dominant centre. International experiences of federalism suggest that massive constitutional reforms such as the 18th Constitutional Amendment – require substantial time, resources, commitment and capacity to translate a federal framework into an effective and sustainable functional reality for the provinces. Therefore, a schematic,sequential and continuous process of transition management, negotiation and resolution is a pre-requisite for effective implementation of the 18th Constitutional Amendment. Currently, follow-up policies, legislative and institutional frameworks on some devolved subjects are missing at federal, provincial and district levels. There is a great need for requisite technical knowledge, data, expertise and skills as well as political understanding and political will to capitalize on these constitutional reforms which could serve as building blocks for effective transition and devolution management in Pakistan leading to significant democratic gains. It is against this backdrop that the Pakistan Study Group on Federalism has established a public lecture Series to inform and facilitate the transition management of the eighteenth amendment. The PSFG has been jointly instituted by the UNDP’s project on the Strengthening Participatory Federalism and Decentralization, the National Institute of Historical and Cultural Research and the Council of Social Sciences. In the lecture Dr. Mohammad Waseem traced the genealogy and history of federalism in Pakistan. He opined that local body system is important for the true democratization of the society. He also stressed the need to reform the provincial civil service after the eighteenth amendment. 6 PAKISTAN STUDY GROUP ON FEDERALISM Dr. Mohammad Waseem Without carrying out the bureaucratic reforms, 18thamendment will not bring any tangible change in the power structure of the governance of the country. The Eighteenth amendment requires strengthening of the provincial civil services. This amendment demands capacity building of all the provincial institutions and it would not be possible without carrying out due reforms in the structure of civil services. Senate of Pakistan represents all the provinces but cannot affect any concrete policy making as it does not have the authority to pass money bill whereas Senates in the USA and Brazil are powerful enough in debating and passing the money bills. There is asymmetrical policy scope of the two houses – Senate and National Assembly. Federalism in Pakistan is the case of ethnic federalism where minorities and minority ethnic communities are excluded from the mainstream politics; Punjab dominates the mainstream narratives and it has caused Punjabization of Pakistan. The 18th amendment has given the provinces a viable autonomy yet the limited infrastructural capacity of provinces hampers the dispensation of power at the grassroots level. 7th NFC Award has given substantial fiscal autonomy to the provinces but centre still controls the strings of purse; this is the reason it still dominates the policy making in the Centre. Military does not want devolution of the resources to the grassroots level. If resources are devolved to the provinces then there will be fewer resources available for the defence budget of the army. 7 PAKISTAN STUDY GROUP ON FEDERALISM There are certain flaws in the eighteenth amendment. FATA has not been integrated into KPK. There are no provisions in the 18th amendment for the accountability of the security agencies and setting up of a Federal Constitutional Court. India after partition accommodated cultural and linguistic identities and created the new provinces on the basis of it whereas Pakistan undermined the diversity and established its state structure on religion. Provinces are reluctant to hold local bodies’ elections and this is an epic case of “centralized decentralisation”. Local bodies system is important for the true democratisation of the country. Gilgit-Baltistan is still lurking in the constitutional vacuum as it has no effective representation in the parliament. People of the GB want reintegration into the political system of Pakistan. It is important for Pakistan to realize this fact that centralization would further alienate the smaller provinces of Pakistan. There are several efforts undergoing to reverse the eighteenth amendment. This trend must be discouraged and we need to understand the importance of the eighteenth amendment for the better governance in future. 8 PAKISTAN STUDY GROUP ON FEDERALISM Zarina Salamat I would like to pay my gratitude to Dr. Mohammad Waseem that he has spared his precious time for this lecture. I am also thankful to civil society, media persons and academia that they have participated in this lecture. I think Pakistan has been suffering from severe institutional imbalance since its inception. Power is still centralized in Islamabad and smaller provinces are still suffering due to the discriminatory behavior of federal government. We are still stuck with the administrative and financial centralization. Putting the local bodies system in its place is the only way out for the strengthening of the inclusive democracy. We need to believe in unity in diversity. 9 PAKISTAN STUDY GROUP ON FEDERALISM Pictorial Caption: members of COSS, NIHCR during the lecture Caption: Members of HSF and Aurat Foundation during the lecture Caption: Dr. Mohammad Waseem Caption: Members of UNDP and NIHCR Caption: Zarina Salamat presents souvenir to Dr. Mohammad Waseem Caption: Vote of Thanks by Zarina Salamat 10
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