Three Day International Conference Participatory Federalism and Decentralization: From Framework to Functionality

25th - 27th September, 2013, Islamabad

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IUCPSS Rep

Rep Pakistan

Three Day International Conference Participatory Federalism and Decentralization: From Framework to Functionality 25th - 27th September, 2013, Islamabad

Pakistan C SPFD - UNDP 2014 Islamabad - Pakistan

Editors: Prof. Dr. Mohammad Nizammudin, Amjad Bhatti, Adnan Rehmat Copy Editing: Khalid Hussain Design & Layout: Mohammad Saeed Photography: Torsum Khan, UNDP, NCA Coordination: Daud Sharif, Syed Hashim Zaidi, Taimoor Javed, Areeb Shirazi Compilation: University of Gujrat

Disclaimer: SPFD - UNDP does not necessarily subscribe to all the views expressed in the course of this conference. Views expressed in this Report are representations and perspectives from diverse backgrounds and contexts. C 05 ACRONYMS 07 ACKNOWLEDGEMENTS

O 09 PREFACE 11 SUMMARY

N Introduction: Democratic Transition and Evolving Federalism 15 in Pakistan

T 23 Inaugural Session

E Session 1: Participatory Federalism and Decentralization: 31 Global Perspectives and Local Linkages N Session 2: Local Governance and Development Outcomes: 39 Frameworks of Institutional Interplay T 59 Session 3: Participatory Local Governance: Capacity, S Resources and Innovations Session 4: Fiscal Federalism: How to Operationalize 69 Economy of Autonomy

Session 5: Political Economy of Inter-Governmental Relations 79 in a Federal Framework: Lessons Learnt and Way Forward

91 Panel Discussions

Closing Session: International Conference on Participatory 107 Federalism and Decentralization: From Framework to Functionality

113 Glimpses from the 125 Annex I: Conference Chairs, Conference Speakers, Panelists and Discussants

167 ANNEX II: 179 ANNEX III: Participants’ List Conference Programme

ACRONYMS

05

ACKNOWLEDGMENTS

The International Conference on Participatory Federalism and Decentralization was a team effort. The task of coordinating and organizing the Conference with 6 partners was no easy feat; however, our tasks were made easier by the extremely talented and hardworking partners. All partners (Inter-University Consortium for Promotion of Social Sciences, National College of Arts, Forum of Federations, Higher Education Commission, Ministry of Inter-Provincial Coordination and UNDP) played their part in making this Conference a big success.

There were definitely a few stand out individuals without whose guidance and support this entire effort would have been in vain. Dr. Mohammad Nizammuddin, Vice Chancellor, University of Gujrat and Mr. Amjad Bhatti, National Technical Advisor, UNDP led from the front. Without their vision, the Conference would not have had the quality of discussion and participation that was witnessed at the event. The idea of hosting an International Conference was the brainchild of Mr. Amjad Bhatti who saw it as an opportunity to encourage academic and policy research on unexplored territories of Federalism and Decentralization in Pakistan. While Dr. Nizamuddin was responsible for taking this idea forward, contextualizing it, and designing the Conference sessions in a way that all key aspects of federalism, local governance, and fundamental rights were covered. We are indebted and thankful to both of them for making this Conference possible.

Strengthening Participatory Federalism and Decentralization (SPFD) team, University of Gujrat Secretariat staff, Forum of Federations staff, National College of Arts designing team, Council of Common Interests Secretariat staff, and Higher Education Commission media team were all instrumental in doing their jobs effectively that ensured that all the event logistics and management was well-taken care of. Despite the long-working hours and often difficult circumstances, you all were determined and focused on completing all your tasks (and those tasks that were not even yours). We are extremely grateful to all of you for your unwavering support and teamwork.

In the end, we would like to thank all our participants, guest speakers, faculty members, students, civil society activists, donors, government counterparts, and media representatives without whom this conference would have been futile. It was your participation that enriched the discussions, brought global flavor to an otherwise local debate, and identified areas that the government and development partners should focus on.

It took us six months to plan and execute one of the largest international conferences on Federalism and Decentralization in Pakistan. We are proud of all our efforts in making it happen and hope that it inspires everyone to continue discussions and debate on issues of Federalism and Decentralization in Pakistan.

Dr. Fauzia Maqsood Mr. Syed Hashim Zaidi Co-Convenor Co-Convenor University of Gujrat SPFD - UNDP - Pakistan

07

PREFACE

United Nations Development Programme (UNDP), Ministry of Inter-Provincial Coordination, Forum of Federations (FOF), Higher Education Commission (HEC) and Inter-University Consortium on the Promotion of Social Sciences (IUCPSC) jointly organized the International Conference on Participatory Federalism and Decentralization (ICPFD) against the backdrop of the 18th Constitutional Amendment and democratic transition in Pakistan. The Conference deliberated upon trends, levels and indicators of institutional interplay between democracy, federalism and decentralization at the national, regional and global levels. Global and regional case studies shared a technical baseline to inform and facilitate the process of triangulating integration between democracy, federalism and decentralization in Pakistan.

As we gear up our efforts, citizens and political leaders of the country are also excited at the framework of our transformative development agenda. The ICPFD was held at a critical juncture in our political and democratic evolution. We need but one big final push to achieve the objectives of Participatory Federalism and Decentralization by making this framework functional. This will realize the rights of federating units for decentralized governance in the federation of Pakistan.

This report seeks to share the knowledge produced by the international conference for integration into policy, planning and implementation processes in post-18th Amendment transition management at federal and provincial levels across Pakistan. This will not only mitigate further risk of centralized governance but will also meet the need for government support for federalism and decentralization growth. Such support is a pre-requisite at all levels if Pakistan is to tackle national political challenges and realize its socio-economic aspirations.

The international conference has made a valuable contribution to important political and development dialogues underway in the country. Speakers and presenters provided fresh data, new perspectives, and policy guidance on issues that are critical to fostering more inclusive and sustainable Participatory Federalism and Decentralization.

Strong academic panel of presenters and speakers at the three day ICPFD marked a watershed in our quest for a sustainable and inclusive development agenda in Pakistan. The ICPFD reaffirmed that 18th Amendment to the Constitution of Pakistan has given the nation a powerful development framework and that this framework has manifestly rallied political support across the country. It is now time to prioritize it within national plans and budgetary reallocations. This will address the most appropriate forms of functionality making participatory federalism and decentralization a reality on ground.

UNDP has been actively assisting Pakistan in pursuing the dream of participatory federalism and decentralization since the 18th Amendment became the country's economic and social development vanguard. Now Pakistan has the opportunity to ensure that future progress is firmly anchored in governance respecting all principles and goals of federalism and decentralization. The time has come to reach out and seize the future.

Prof. Dr. Mohammad Nizamuddin Amjad Bhatti Vice Chancellor, University of Gujrat National Technical Advisor, Chairman Inter-University Consortium for Strengthening Participatory Federalism and Decentralization the Promotion of Social Sciences Democratic Governance Unit, UNDP-Pakistan

09

SUMMARY

.The 18th Constitutional Amendment passed unanimously in April 2010 has sharpened the debates on federalism in Pakistan. A number of issues have emerged in the process of implementation and transition management in last three years where a plethora of diverse argumentation have pre-dominated the political and governance discourse in the country.

Some have argued that the 18th Amendment was “too little and too late”, while others have adjudged it as “too much and too soon”. The contest on the relevance, implications and implementation of the 18th Constitutional Amendment continues till today.

It was against this backdrop that UNDP's project on “Strengthening Participatory Federalism and Decentralization” designed an international conference on “Participatory Federalism and Decentralization: From Framework to Functionality” on 25-27 September in Islamabad. The Conference was jointly organized and co-hosted by UNDP, Inter-University Consortium on the Promotion of Social Sciences, Ministry of Inter-Provincial Coordination, the Forum of Federations, the Higher Education Commission, and the National College of Arts.

The conference was aimed at studying different trends, levels, and indicators of institutional interplay between democracy, federalism and decentralization at national, regional and global levels. Global and regional case studies were presented on the subjects, which provided a technical baseline to inform and facilitate the process of triangular integration between democracy, federalism and decentralization in Pakistan.

Thirty papers were presented in the conference out of which 13 papers covered international case studies by foreign scholars while 17 papers were presented by the local academia, experts and government representatives from all four provinces. International representation comprised Ethiopia, Canada, Australia, Sri Lanka, India, Afghanistan, Indonesia, Nepal, USA, Russia and Germany.

Besides, political leadership from different parties was invited to provide participants an opportunity to understand divergent perspectives and ideological standpoints of different political dispositions in Pakistan. Prominent among them were Senator Mian Raza Rabbani, Mr. Maulana Fazal Ur Rehman, Mr. Mahmood Khan Achakzai, Mr. Shafqat Mehmood, Ms. Marvi Memon, Senator Taj Haider, Mr. Danyal Aziz, Mr. Qamar Zaman Kaira, Senator Farhatullah Babar and Mr. Abdul Hayee Baloch

Key messages of the Conference: ¤ Pakistan being a society blessed with the richness of diversity and multiplicity reached a landmark consensus on federalism through a journey of continuous democratic struggle in last six decades.

¤ The 18th Constitutional Amendment has set new directions for Pakistan as a federal, democratic and parliamentary state – and this has rightly been taken as a point of celebration for the proponents of federalism throughout the world.

¤ Pakistan is in a state where it can learn and teach at the same time. It can learn in this formative phase of devolution management from the countries who have extensive experience of working within federal and decentralised frameworks of governance.

11 ¤ Pakistan can offer its learning to other countries as how consensus can be forged in diverse societies by relying upon the instruments of democratic decisions making. Pakistan has demonstrated its capacity to coin innovations in the structures of governance with a sense of inclusiveness, pluralism and equity.

¤ Subsequently, the incorporation of the values of federalism, decentralisation and inclusiveness can further be facilitated by developing comprehensive institutional frameworks at different levels of the decision-making.

¤ Streamlining of intergovernmental fiscal relations in some countries was not followed by true political decentralisation. This has led to a wider conclusion that fiscal federalism may survive without the political decentralisation only for a limited period of time.

¤ Countries where local government systems have democratised state have also seen major innovations in governance and service delivery. Local governments increase the ability of voters to hold local decision makers accountable and it also strengthens the quality of national democratic leadership. It also broadens the bases of political leadership.

¤ Local government systems need a substantial amount of hard power in order to exercise soft power. You can't win with the losing hand. This is the fatal flaw in the community governance vision.

¤ Decentralisation is also usually part of the ongoing power struggles between central and regional political leaders. Conflicts between modernising central governments and traditional regional authorities may limit the potential for positive outcomes for women.

¤ The legislation on local government in Pakistan must ensure the compliance of Article 140 by devolving the political, fiscal and administrative authorities to the elected representatives of the local governments. The current legislations on the local government in four provinces do not reflect substantially the intent of the Article 140-A.

¤ The 18th Constitutional Amendment was the beginning of the transfer of power from federal government to the provincial governments, now it is the turn of the provinces to keep in line with the constitutional commands and transfer powers to the lowest tiers of the governance for an effective service delivery and representative governments at the grassroots level.

¤ Some governments implement electoral quotas that can compensate for women's marginalisation by increasing their representation as legislators.

¤ There have been areas of unclear relationship with federal legislation and the Election Commission of Pakistan which underpinned unclear legislation with significant gaps. There has been number of areas left for regulations to be written by civil servants.

¤ Instead of the Rules of Business of the Federal Government, the rules of Council of Common Interests apply to the National Economic Council. In the view of 18th Constitutional Amendment, the Chairman of the Planning Commission should be appointed by the CCI on rotation basis to represent the Federation. Currently, CCI is not being involved in planning as required by the 18th Constitutional Amendment.

12 ¤ Introducing fiscal federalism, the 7th NFC Award has ushered a sense of autonomy in the federating units and is, therefore, a landmark achievement of a democratically elected government.

¤ The implementation of Article 172 dealing with the joint ownership of natural resources can sufficiently bridge the economic disparities and reduce poverty with indigenous resources in Pakistan.

¤ The Article 10-A introduced by the 18th Constitutional Amendment provides for a comprehensive review of justice system in Pakistan and it necessitates judicial reforms, cleansing the justice administration from colonial codifications hampering access to justice and fair trial.

¤ Article 19-A of the Constitution set benchmark for the transparency and accountability by making right to information a fundamental right. The current legislations on right to information have emerged as disabler rather than enabler laws in the country.

¤ Three nonlinear steps to march towards the course of reconciliation in Balochistan were suggested which include: (a) establishment of Balochistan Truth Commission; (b) redistributive justice as the equalization of property and wealth ownership by direct political fiat and (c) incorporation of consociational elements into federal design.

¤ A continuous process of dialogue and knowledge exchange between provinces would enable more informed transition management of 18th Constitutional Amendment in Pakistan.

¤ The newly-reinvigorated institution of Council of Common Interests need to be strengthened and as commanded by the Constitution of Pakistan a separate secretariat for the CCI needs to be established which should be providing required data, information and evidence to the CCI on the subjects assigned to it through Federal Legislative List Part II.

¤ Ministries established at the federal level on the subjects devolved to the provinces should be abolished with immediate effect as this has been taken as violation of the provincial autonomy and the demarcation of powers between centre and the provinces.

¤ It was also noted that the reversal of 18th Constitutional Amendment with special reference to those Articles which deal with the parliamentary system of government and provincial autonomy will create political instability in Pakistan.

¤ The conference underlined the need for creating more spaces of mutual learning between political leadership, development partners and academia to deepen the understanding of political, legislative, administrative and fiscal dimensions of federalism. The required technical knowledge base would inform the process of decision-making for a coordinated implementation of massive devolution.

13

Introduction: Democratic Transition and Evolving Federalism in Pakistan

he 1973 Constitution of the constitutional mandates. The 18th Islamic Republic of Pakistan Amendment to Tconsists of 12 Parts, 27 Chapters, The enactment of 18th Amendment the Constitution 280 Articles and five Schedules. The has also led to a spate of welcome of Pakistan th parliamentary documents including a 18 Amendment to the 1973 passed into draft bill by the Parliamentary legislation with Constitution took place in 2010 and Committee on Constitutional Reforms full support modified 102 Articles besides (PCCR), a report of Implementation from all political enunciating 11 recommendations that Commission presented in both Houses parties...was all fall within the executive authority of Parliament, a consolidated report then formally of the government. The National on the functioning and decisions of signed into law Assembly passed the historic 18th the Council of Common Interest (CCI) by the President constitutional amendment and three annual provincial budgets of Pakistan on along with white papers. unanimously on April 8, 2010 and the April 19, 2010. Senate followed suit on April 5, 2010. Unpacking the Devolution Package The constitutional amendment was There has been a growing research formally signed into law by the interest in policy circles, academia, civil President of Pakistan on April 19, 2010. society, and international development organizations to study The 18th Amendment passed into the implications of devolution in legislation with full support from all th Pakistan and analyze the political parties. The 18 amendment implementation process followed. to the constitution has wide-ranging UNDP Pakistan has been leading key implications for the state and efforts to analyze emerging challenges government in Pakistan at all levels and opportunities as a result of the from federal to provincial and to the devolution process. These initiatives smallest administrative unit in a fully aim at improving governance by decentralized federation in Pakistan. enhancing understanding of the 18th Str engthening P Above all, it calls to legislate for much- Amendment and in the process, demanded provincial autonomy in the helping key stakeholders discuss ways executive, fiscal and administrative of benefitting from this landmark shift spheres. that reconceptualises share holding in ar the state for improved governance ticipat From the Center to the Margins

and development opportunities. or

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to learn more about the impacts of the amew Some 102 articles in the constitution 18th constitutional Amendment – an have been brought under review initial assessment in 2010 and a ork t while 47 subjects and 17 federal ec detailed follow-up assessment in o F entr ministries are being devolved to the 2011-2012 and in 2013. Moreover, unc alization: provinces. Federal and provincial UNDP held provincial and national tionalit constitutional purviews and holding consultations in collaboration with the of elections for local governments by Forum of Federations (FOF), which is y Election Commission of Pakistan are an intergovernmental body now directly governed by

17 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality loc provincial and the f managemen transition ef inf support f programmatic areas of iden policy lens;and and public de governanc through a SPFD vie 18 f velopmen th ormed and ective al le Amendmen tifies k ederal, vels. ws the or an e, e y t t at t A t G C M became anofficialmemberofFOFin C syst w c omprising of10memberstat anada, anadian go erman ork ar echnical suppor ems andismainlyfundedb ch 2012. ing onstr T pr inf lens; Amendment thr backdr D is afiv Str S 4. 3. 2. 1. he SPFDhasf A tr y andBr o ec ormed andeff engthening P vincial andlocallev ustr lev r Amendment (f Civil societ go implementation andmonit methodologies ofpar Gilgit-Baltistan ar L dev dev dev G r str P S engthening P andidentifiesk esear esponsibilities list ocal G ecr r o O en e y o v engthened f v op ofthe18 v els vincial D alia, ernment. olution olv eloping legislativ ernanc ther membersinclude ernment ofBaluchistanist engthening f etariat oftheC ear pr tr azil. ch anddev ed subjec S o aliza t pr v witz

ernments inBaluchistan, our k ojec e y isinf epar ojec ough ago ar P ec erland ak ticipat eder th t launchedb or eff tiv tion (SPFD)P ey outputs: C ey ar t ts includinghealth, tments ofInt istan ormed andmobiliz elopment agendaatpolic eder e enabledt e tr onstitutional Amendment. o ed inF els ouncil ofC alism anddec 18 ,

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International Conference Groundwork Dialogue

UNDP-Pakistan organized a pre-conference dialogue between key stakeholders and experts to discuss and finalize the scope, scale and design of an international conference in Pakistan planned for September 2013. During the pre-conference dialogue, held at the Higher Education Commission (HEC) offices on April 17, 2013 in Islamabad, UNDP shared the discussion paper on the concept and focus of proposed international conference. The occasion sought perspectives and inputs from members of the Conference Advisory Committee on the context, contents and design of the conference. The conference agenda and timeline were finalized with consensus.

The dialogue was attended by renowned academics and experts on federalism, decentralization and governance including Executive Director of the HEC Dr. Mukhtar Ahmed, , Country Director UNDP-Pakistan Marc-Andre' Franche, Federal Secretary for Inter-Provincial Coordination Mr. Fareedullah Khan, Assistant Country Director of UNDP's Democratic Governance Unit Mr. Azhar Malik, UNDP National Technical Advisor for SPFD Mr. Amjad Bhatti, Director, NCA Dr. Nadeem Omar Tarar, Vice Chancellor UoG Dr. Nizam-ud-Din, Economic Adviser Government of Balochistan Dr. Kaiser Bengali, Director CPPG-FCCU Lahore Dr. Saeed Shafqat, , Executive Director SCG Ms. Ammara Durrani, Executive Director CCE Mr. Zafarullah Khan, Programme Director JII Mr. Raza Rumi, Dr. Ijaz Khan from UoP, Professor UoK Dr. Jaffer Ahmed, and Mr. Mushtaq Gaadi from QAU Islamabad.

Participatory Federalism and Decentralization: Consultations From Framework to Functionality were held with eight political Working out home-grown solutions and learning from global experiences parties, 16 key

line departments Str engthening P ince the passage of 18th conference on issues of federalism and of provincial Amendment into law of the land, decentralization not only to kindle an governments SUNDP Pakistan undertook a academic research interest in the spread across all four provinces, series of provincial and national subject but also to learn from ar consultations to assess and international experiences and best 117 NGOs, key ticipat understand the development needs of practices. donors and or

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both federal and provincial F r eder governments in implementing the 18th This led to the UNDP organizing a 3- development om F

organizations, alism and D Amendment. These consultations were day international conference on r amew held with eight political parties, 16 key “Participatory Federalism and and academic line departments of provincial Decentralization: From Framework to research ork t institutions. ec governments spread across all four Functionality” in Islamabad from o F entr provinces, 117 NGOs, key donors and September 25-27, 2013. This unc alization: international development international conference was held in tionalit organizations, and academic research conjunction with the MoIPC, FoF, HEC institutions. A constant refrain at these and the IUCPSC. y consultations was demand for a

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Sessions Principal Thematic Area Objective of Session Session 1 Participatory federalism and Sharing global/regional experiences on federalism decentralization: global and decentralization, and understanding the evolving perspectives and local linkages perspectives on participatory federalism in Pakistan Session 2 Local governance and Integrating the spirit and process of 18thAmendment development outcomes: in redirecting debate on local government for frameworks of institutional effective service delivery; What could be the interplay indicative framework to develop context-specific local government systems in all the four provinces? Session 3 Participatory local governance: Identifying and suggesting remedies for capacity capacity resources and gaps of local governance structures; How can local innovations governance empower citizens? Innovative methods of effective service delivery at local level? Session 4 Political economy of inter- Studying opportunities and challenges for managing governmental relations in a Inter-governmental relations in Pakistan with special federal framework: lessons reference to the 18th constitutional amendment learnt and way forward Session 5 Fiscal federalism: how to work Exploring policy options for revenue generation, an economy of autonomy? fiscal decentralization and redistribution at three-tiers of governance i.e., federal, provincial and district

Pakistan is a federation. However, in almost seven-decades of its Elected, existence, roughly half of this time the state has been governed by non- democratic forces representative, undemocratic forces. The result has been, among other managed to enact a historic tarnished legacies, an ongoing tension between strong-fisted overt Str centralization favored by unelected forces and a demand for comprehensive engthening P decentralization and devolution of powers to the federating units. This review of the political tension led to a game-changer in 2010 when elected, Constitution in the th democratic forces managed to enact a historic comprehensive review form of the 18 th Amendment: ar of the Constitution in the form of the 18 Amendment: greater ticipat autonomy and empowerment of the country's four provinces in favour greater autonomy of empowerment of the federation through divestment of powers from and empowerment or y F F

of the country's r eder

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21

Inaugural Session

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With the passage of this landmark 18th Amendment, positive step by many partners across Pakistan is now the world. undergoing a critical phase of With the passage of this landmark 18th implementation Amendment, Pakistan is now and transition undergoing a critical phase of management to implementation and transition turn the management to turn the Amendment Amendment and and its vision to reality. Transitioning its vision to to a federal structure requires that reality. adequate attention be paid to issues Mr. Nicholas Rosellini of inclusiveness, effective delineation Deputy Regional Director RBAP-UNDP of roles and responsibilities, revenue generation and distribution that is fair ederalism and decentralization and transparent. In this most emerged as popular themes in important endeavor, and at the Fpolitics and governance in request of the Government of countries where diverse and multiple Pakistan, UNDP is pleased to support identities sought equal access to the Government and the people of power and resources within a country. Pakistan in this process. In these scenarios, federalism became one of the pragmatic political choices UNDP has supported to of states to ensure effective decentralization and local governance representation and equity in resource programs across the world including distribution and participatory around 20 countries in the Asia Pacific Str

governance. region. These programmes focus on a engthening P number of areas such as support to Pakistan is a society blessed with the legislative development for richness of diversity and multiple decentralization, as well as identities, was able to reach consensus strengthening sub national and local ar ticipat on federalism as a system through a governance institutions for improved

journey of continuous democratic service delivery and MDG acceleration; or y F F

struggle and debate over the last six state-building and peace-building; r eder om F decades. The 18th Constitutional and fostering democratic alism and D r Amendment –unanimously passed in representation by engaging with amew 2010—has set a new direction for marginalized groups to promote Pakistan as a federal, democratic and accountability, inclusion and ork t ec parliamentary state – and this has participation. o F entr rightly been acknowledged as a unc alization: tionalit y

27 Strengthening Participatory Federalism and Decentralization: f participat making t shared decision mechanisms of in in provincial res ref managed. Ithas resourc governed andits the c impact ontheway has hadaprof From Framework to Functionality The 18 ederalism. troduc t eraction andhas ormed and tructured f oun th es are Amendmen ed tr o promot or y is y ederal- ound e t the 18 suppor management inthepr dividends ofdemocr fr their struggleofdemocr Mr tr c c P w democr f P shar int r go pr political par c I eder ef ountries ha onsensus onfundamentalsofstat ooper ak ak amew ansitional democr orld andhasmucht of Sena Mr . v ormed andr er Amendment issymbolicofunpr hist n hisinaugur Haiderstr istan no istan needst erned anditsr ound impac ed decisionmak ac . T alism. th t oric ev tion andhasintr ation andc aj Haider or t andoptimiz Amendment. orks anddev acies ofthew , P akis w pr ties v ent ofthepassage18 essed theneedt e ent t estruc an P .

al speechS o T t onthewa o learnfr v he 18 esour onsensus betw es t er eople's P acies inthew elop syst ed int e thepr ing t atic dev tur orld e o off o beanexamplef o th oduc c vinc Amendmenthashada ed f atic stat es ar o pr om otherf er thetr o thesec arty enat .g y thec eder es b oc ed mechanismsof olution usher . omot ems whichc ho 28 e managed o cr ess oftr or Haidersaidthe y capitalizingupon e building w t al-pr orld wher een P eat ountr ansitional e par e building ec ond phaseof o f eder e spac o edent or vincial ansition ak or other ticipat y is ge apolitical ations ofthe . th I istan's ould ed inb

t has . es e ed , . design

or y y The 18th Amendment has of collaboration and learning. not only revived Pakistan came into being as a but also radically federation. In 2006, our Prime Minister re-oriented the Mian Muhammad Nawaz Sharif and democratic and late Benazir Bhutto signed the Charter federalist of Democracy (CoD) that laid the very fundamentals of foundation of this subsequent the state in constitutional amendment. The CoD Pakistan...brought emerged as a Magna Carta in Pakistan about a set of and has laid the foundations for a comprehensive strong democratic culture in Pakistan. structural changes Mr. Riaz Hussain Pirzada th The COD served as the basis of the 18 to guide and Federal Minister for Amendment, which was passed with redefine the Inter-Provincial Coordination, GoP the consensus of all political parties. nature of governance in n behalf of the Ministry of Pakistan Muslim League (Nawaz) Pakistan. Inter-Provincial Coordination I played a key role in the passage of the would like to welcome you all 7th National Finance Commission (NFC) O th to the international conference on Award and 18 Constitutional Participatory Federalism and Amendment. Both have contributed to Decentralization: From Framework to strengthening democracy and Functionality. This international democratic institutions in Pakistan. conference is being jointly organized by the Ministry of Inter-Provincial The 18th Amendment especially, has Coordination, UNDP, Inter-University not only revived but also radically re- Consortium for Promotion of Social oriented the democratic and federalist Str

Sciences, NCA and Forum of fundamentals of the state in Pakistan. engthening P Federations. The amendment is believed to have brought about a set of comprehensive The ICPFD is the key step in building structural changes to guide and the required knowledge base of all key redefine the nature of governance in ar ticipat stakeholders and it gives us an Pakistan. It is believed that the chronic opportunity to learn global and disconnects between federation and or y F F

regional experiences as well as share its constituents have been bridged to r eder om F Pakistan's challenges and a greater extent. And our government alism and D r opportunities with the international is committed to strengthening the amew community. It is hoped that democratic and federalist principals in conference will provide us the Pakistan. ork t ec opportunity to interact and discuss o F entr ideas that will open up new avenues unc alization: tionalit y

29

Session 1: Participatory Federalism and Decentralization: Global Perspectives and Local Linkages

Session objective:

Sharing global/regional experiences on federalism and decentralization; and understanding the evolving perspectives on participatory federalism in Pakistan

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y or t of orm t trong y t was t or ept of a trative an's his ormation in t onc ept of y heart...a akis onc ederalism lies at its ederalism lies at its ederation... The enactmen the bigges the 18th Amendmen adminis transf P and that the c participat f ver paradigm shift in helping transf f the c functionally s

e

es his

al, T ept

th . er

, y ong v He . omot e and er was vinc ed a o

e adigm . onc o y tment

alism ely ol o ation ent ormation ed in o pr entur political engthen , y eligious Amendment eder er ernanc eudal in CI t ontr ansf th entrist eder r omments he v , ong pr esult or of a str ong c y f o str eation of a ong stat ed a par

orship that eat e tr orm the c or ers with cultur esolution, ant tat e adopting postal, He said the 18 political and , ong f ems but sta y and that the t. e and f e r wn solution t om a divisiv istan. ativ

or gr esent . ansf In his c a that r o . or thiopia o the cr ak y dic es ticipat linguistic t of the 18 , epr c o the early 1990s y in the 19th c ed fr ee of a str ologic y stat y t y hear v oblems of go ound this time it became a ing and joint c ec er y in P , ant frican stat abbani said the enac ed the need t tionally str ed the guar esour ell int 33 ac Ar alization f alization . e sharing onomic disast c o one in which str istan's hist al entit or R e until the middle of the 1970s al r ymak ept of par ed unitar e t entr ak t in helping tr ed w erse ethnic c onomic onomic and political c w the A e a guar om that in which a str om that in which thiopia mo thiopia witnessed militar enat onc onsider onsensual disput ail and admin syst esour or E ec div cultur modern entit sa r last E and ec f ec natur decade socialist militar policies in this er dec democr S of the 18th Amendment was the of the 18th Amendment biggest administr c in P lies at its v Amendment r shif of a func fr c stat ar lauded the fac being a home-gr national pr r emphasiz institutions such as the C c polic natur t e t al en old entr az y al He is a alism and om the a c er of CR) that

ed b th eder eder or fr or PPP ee on t thiopia t o f or the y (PPP) widely abbani, t emariam K t and leads his e minist er of F t ar orms (PC ederal democracy – Lessons from E ederal democracy – Lessons from ommitt aza R ffairs f Amendment. omes t th a Rabbani y C e Minis t al A or R egu Habt a

eoples P ernment of E thiopia ormer stat v o or Raz enat eder s, E al Leader & Legisla t he f F G his session was chair S leader and legislat tr

ed the 18 . Maer air y when it c t f wn as father of the 18 istan P t ormer St af Mr F Af Sena Cen ransitions in f onstitutional Ref ak arliamentar no onstitutional exper T

T T P k Amendment. He was Chairman of the Amendment. He was Chairman of P C dr c par Ethiopia witnessed famines, social degradations and military, political secessionist movements. One part of The evolution of a federal Ethiopia and economic Ethiopia seceded to form an with strong constituents has resulted disasters with independent Eritrea. After this division from a four-prong charter: cultural, economic there was a Balkanization of rump and political Ethiopia with 17 rebel secession 1. Unity in Diversity: The concept centrist policies in movements in 1991 bent upon of Ethiopia revolves around respecting diversity this era that centrist brinkmanship that gave rise to resulted in famines, a strong anti-federal sentiments 2. Local Development: social degradations among old political elite and the civil Guaranteed fiscal transfers to and secessionist service. states and local government; movements. One strengthening local taxation part of Ethiopia Finding unity in diversity and revenue generation; local seceded to form an A Federal Democratic Ethiopia was focus on MDGs on education and health independent formed through a new constitution in Eritrea. After this 1994 that promised: “…ensuring a 3. Promoting Stability: division there was a lasting peace, guaranteeing a Strengthening domestic and Balkanization of democratic order, and advancing regional leadership on peace rump Ethiopia with economic and social development; initiatives 17 rebel secession recognizing unity in diversity with movements in 1991 4. Embracing Democracy: regional states based on ethnic Constitutional equality for all bent upon centrist boundaries with right to self- ethnic groups; promoting brinkmanship... determination up to secession and democratic institutions and allowed strong regions; only major legal frameworks policy roles for federal government.”

Trust Deficit between Center and Provinces: Obstacles to Participatory Federalism

alization: amendment is the trust deficit between the center and the provinces. entr ec And this trust deficit is the creation of a combination of circumstances.

1. Firstly, if we look at the history of alism and D

y Pakistan right from the beginning eder or even there are examples before y F

tionalit 1947 where commitments, or promises, planes even agreements unc

ticipat were violated by the o F ar establishment that were given to

ork t Dr. Rasheed Khan the provinces. Dean Faculty of Social Sciences UoS amew r 2. Secondly, there is a mindset which

engthening P has been nurtured by long spells om F

r r. Khan said that the main Str F of authoritative rule in Pakistan obstacle to the especially by the frequent military Dimplementation of the 18th rule. So, that mindset still exists

34 Dr. Khan said that and is not reconciled to the changes envisaged by the 18th the main obstacle Amendment regarding Federalism in Pakistan. to the implementation It is very strange to observe that political parties of Pakistan th clamour for provincial autonomy when they are in the of the 18 opposition and act as champions of provincial autonomy. But amendment is when they come to power, they become the champion of a the trust deficit strong centre. I can give you the examples from the remote between the past as well as from the present times. center and the provinces. And All India Muslim League was the champion of greater this trust deficit is provincial autonomy. In fact the issue between Congress and the creation of a the League was provincial autonomy. I read a statement by combination of Shaheed Zulfiqar Ali Bhutto in which he said the movement circumstances. for Pakistan was nothing but a movement for provincial autonomy. However, when Muslim League came to power in Pakistan after 1947, it suddenly became the greatest champion of a strong centre. This harvested the League their defeat in the 1954 elections in the then East Pakistan.

Now this is not the only example in our political past. Awami League led by the Hussain Shaheed Soharwardi started a province wide agitation for greater provincial autonomy – along with other political parties with support bases in East Pakistan—in reaction to the report of First Principle All India Muslim Committee's constitution report wherein a strong centre was League was the recommended. And in the All Parties Conference –in which champion of Awami League also took part—held in Dhaka in December greater provincial 1950 called for allocation of only three subjects to the centre autonomy. In fact Str engthening P i.e. defence, communication, foreign affairs and currency. But the issue when he became Prime Minister in 1956, Soharwardi was between found a champion of one-unit. He even undertook a tour of Congress and the

the Punjab province just to win political support to save his League was ar Prime Ministerial position. provincial ticipat autonomy. I read or y F

Then we come to the Movement for the Restoration of a statement by F r eder Democracy (MRD). The MRD had a charter for greater Shaheed Zulfiqar om F alism and D provincial autonomy. But when the government of Peoples Ali Bhutto in r amew Party took power in 1988 and Shaheed Benazir Bhutto which he said the became Prime Minister, her government did nothing for movement for ork t ec provincial autonomy. But here I must say that credit also goes Pakistan was o F entr to the PPP for on two occasions –in 1973 and in 2010—they nothing but a unc alization: championed the cause of federalism and decentralization in movement for tionalit Pakistan. In the first instance, the 1973 constitution was provincial definitely an improvement for provincial autonomy over the autonomy. y previous two constitutions of Pakistan legislated in 1956 and

35 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality c at in f type of ac Out women. out negative positive and have both dec and arrangemen 'F ederation onditions. ederal volved and t c endan ording t c en c omes f omes var traliz t ation or o the ts' y diff c D Is F onstituting f Ot Chancellor's Pr Science a Dr R esear er ederalism Gendered? t . Vick a ently thanmen; w a, Canada pr sur r ch Pr .

V er ac t Carle ick v s Jill eying ho tic of eder ers madeapr essor andEmeritus es andideas of t on Univ essor inP alism aff f had v po pr f k a pr authoritativ F the f Another r trust deficitthatexistsbetw political par that hasexpandedthepar c 1962. Ho w institutions andho eder eder onsider r no om 1947upt o w w er vided f w thatalthoughthe1935A o ers orm ofciviladministr ev sity olitic visional c alism. alism inIndiaf Andin2010thePPPintr er ec esentation er , y littlepo littlespac w divided t w ably , w 36 al eason isthatw or av omen e cannotignor e rulersandauthoritariandispensationseitherin ties whichIthinkisoneofthemaincauses . , onstitution basedonthe1935IndiaA

o 1954, er w e f y str er especiallyinthear or thefirsttimebutatsameit or thepr ong c f arr T gender r pr offic decision-mak or ha c of f Out and negativ dec 'F acc r political par and abilit aff go or example egar onditions he gendereff eder e ha ganiz oduc v ec v ation orwhenthemilitar angemen eder e thisoppor ountable f amet e multipleacc entr c ernment anddec es theycanc entr omes v t w een thec ding w v o al arr e hadbeenlivingunder es fr oduc vinc ed w alization ha ation in omen's citiz c ef ers ofpr e y t t didintr .

orms har . T F angements' and agmentation thatmak es t o holdgo ticipation, e out , her ar omen's rights P ed the18 omen canuset or example ts' anddec ers andv or c ak y acc entr o legislat e w v tunistic appr ec istan wasgo olv o ea offiscal c ont ommitments ess pointsthat ts of'f oduc omes f vincial aut e andthepr er or v der t ed andatt enship –i.e e bothpositiv est. e onlylimit entr ding t v th r arious high ernments Amendment epr e f , e Ho o achiev f eder en or w . alization eder P ormal . esentation o thet r tr w o influenc y rules o oach of onom v aliza ev vinc omen. c al endant erned b ations t. o ., er

vinc ed their W e , es . ype this

e all es tion e . y

es e y .

Dr. Vickers said that Gender effects of divided decentralization can government and decentralization 3. Third, downloading responsibility offer women Broadly speaking, federalists make for the welfare state programs to opportunities for regional and local governments three claims: increased undercuts women's citizenship as representation and few local governments have the 1. that federalism increases resources needed to deliver these promoting reforms democracy; programs. under the right circumstances. The 2. that it manages diversity; and 4. Fourth, specific federal most important arrangements such as majorities, condition is 3. that it promotes efficiency. powerful courts, and territorial security, both for pluralism make it especially hard individual women Gender scholarship shows that the for even organized women to achieve gender reforms. who may democracy claim applies positively to experience violence women but only under favorable within their families circumstances, e.g., when women Some mechanisms to ameliorate when they try to enjoy enough security to organize negative effects of decentralization engage in politics. effectively. Even then, women's long Dr. Vickers said that decentralization exclusion from the public realm means can offer women opportunities for that governments must act positively increased representation and to overcome women's marginalization promoting reforms under the right in order for their participation and circumstances. The most important representation to improve. condition is security, both for individual women who may Challenges to look out for experience violence within their There are four main ways federal families when they try to engage in arrangements and decentralization politics. This can be through electoral

inhibits the development of women's Str quotas that can compensate for citizenship and obstructs their ability engthening P women's marginalization by to promote gender reform. increasing their representation as 1. First, divided government legislators. Effective Women's Policies

fragments, state structures and Agencies (WPAs) at the local level are ar political processes make it hard for important mechanisms for ticipat women to promote reforms in

ameliorating the negative effects of or

multiple decision-making sites, y F

decentralization as they can mediate F r eder and fragmenting their resources om F between women's organizations and and capacity for activism. alism and D r

state officials and also provide amew 2. Second, decentralization often financial resources to promote

results in powers that are of great capacity-building. ork t ec importance to women, e.g., family The discussants for the first session were: o F entr

law, being downloaded to regional unc

and local governments. Such alization: 1. Dr. Syed Jaffer Ahmed - Pakistan tionalit governments often lack the power or will to effect gender reforms. 2. Dr. Sarfraz Ansari - Pakistan y

37

Session 2: Local Governance and Development Outcomes: Frameworks of Institutional Interplay

Session objective:

Integrating the spirit and process of 18th Amendment in redirecting debate on local government for effective service delivery; what could be the indicative framework to develop context-specific local government systems in four provinces?

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality al t work or t of tings and y tribution. or titutions trong o functional o functional al frame t ins tral t ective ergovernmen velopmen venue dis f t ederalism is a ederalism Cen model of participat f practic that allows f de robus helping s in relations through relations through regular mee ef mechanisms of re y ties ed er

. or enue ork of o hold een ev y ed ountable

ws f ens : or par y of ers t y e deliv ts ations in e f amew o establish ests v ot tion? es local vides such an tional model vic o hold ernmental a esent o er v orm ers acc eholders elationship alism is a tabilit epr ountable ef go e a health y of v istan t ers t eder egular meetings ernmen er er politics and o func ot obust institutions obust institutions ak v t R eat eder ork that allo oun ties and citiz e and ser ommodat al t y f or P o ent ernments at all tiers or e the f ough r He said the fr e mechanisms of r e mechanisms of v y f ed political leaders of ed major inno or a national unit or a national ong int amew entr y and experienc tiz tiv

C . a ernanc 41 es and cr ome vital stak ernment acc easing abilit Amendment pr ec v engthening of ties betw v th oups t tunit oduc oduc oad set of v ticipat r r olitical acc tur ests as national int ests as national tical fr political par qualit and go gr bec go Str P Enabled under-r P P Incr local decision mak if local political institutions enable go br ernment-people r elopment of r viding f w do local go ough: er v o ac elations thr 2. 3. 4. 5. 1. al Governmen thr Cheema said all this can be achiev Ho democr is one that acc is one that int pr purpose of par pr dev helping str r and eff distribution. the 18 oppor struc go

. eg Mr , alism y t y Gr wing hese y b eder T e through Loc

. er es with local emen ed b ollo at onomics an ations in c t v orms essful f e deliv e the f ef akis vic e oduc essor of E sity of Manag oducing the theme of er esentation discussed aging inno ed ser , AusAid P

essful experienc

Intr v es pr ernment r e Pr o v t ernanc our e Univ

v his pr succ go his session was chair Ellis. Ellis said a succ

eg Ellis enc go Impr Associa Ali Cheema Lahor Sciences Gr Counselor esults: 1.

Democratizing the St T experienc

r T Strengthening Participatory Federalism and Decentralization: From Framework to Functionality ac governmen of vot enable broadse ins loc ac mak loc of vot Increasing ability c c titutions al politic al decision oun oun ers ers t ers t t t able able if o hold o hold t al t 5. 4. 3. 2. af experienc leadership b Ladder f mandat L t mak P o holdgo egal manda designed attaining thesebenefitsar elec par local politicalinstitutionsembed citiz Str D oppor r o political institutionsar leadership isdr base fr P r higher tiers political offic experienc politicians ofqualit democr pr Str Ladder f r mandat that pr L olitical acc t epr eputation atlocallev epr egal manda v olitical mobilit er buildingr emocr o er engthening tiesbetw engthening qualit ers acc ties atthegr viding oppor ens andpoliticalpar t esentation andpr esentativ c or ome inequalit tunit es t om whichpolitical o al institutionsc or adv atic leadershipb es t vides clearandsufficient a e t or adv v . tic deepening: ountable iflocalpoliticalinstitutionsenablebr e t o localelec ernment acc y t o adv y pr o localelec oun , af o adv t e es e: o ex eputation atlocallev t , t anc inpar e: er building o a

tabilit anc Institutingala assr viding oppor wn –iflocal tunities f Institutingala anc y cluded gr anc emen : Br y and emen y in oots lev e t ties and y ofnational t oadening e t el o ed r y entr e ablet t o higherpoliticaloffic ountable vide equal ed :

o higher t: y

een ties –if

Incr or local t:

42 epr Str e al t

oups el and easing abilit esentativ o tunities f o engthening qualit w thatpr w el or localpoliticiansofqualit es S r experiments atlocalgo that isfamiliart political institutions the f w go Hist 4. 3. 2. 1. o ef etting upf y ofv eak vides clearandsufficient v orms: ernments canac orically speak T T T T gr political mobilit political leadershipb mandat bur under build r r indir narr go acc instituting non-par betw democr higher tierandlocal ollo educing localpoliticians'abilit hey narr hey w hey diminishcitiz hey cr e ening democr oups , inpar v ot ountabilit eaucr ernments acc

o wing char y ofnationaldemocr ec ers t een citiz w setofv funded andr eputation becauseof t non-par eak eat ac es andex or f ties andhighertiers atic c o o holdlocaldecision y andw e adisjunc en acc w outthebaseoflocal o pr eder oad setofv y b ing ens andpar ac ontr ot ac evious P y ofex .

y mak tually endup t t T , ountabilit al failur ers b local c y elec eristics oflocal ountable t y iftheycarr his issomething eak essiv ol en tisan elec estric v ernment tur y r en ties y and y instituting ing local cluded tions e estric ak e betw ot t e ties b atic ed istani ers y b o tions , ting

y y y een y t o Strengthening quality of national Political mobility: Broadening base from which political democratic leadership is drawn –if local political institutions are able to leadership by overcome inequality in representation and provide equal providing opportunity to excluded groups opportunities for local politicians of Democratic deepening: Strengthening ties between citizens quality and and political parties –if local political institutions embed experience to parties at the grassroots level and electoral institutions central advance to higher to attaining these benefits are designed. political office, in parties and higher tiers, after building The litmus tests for effective local government laws reputation at local They say if at the level of center-state relations the constitution level produces democracy, at the level of state-local government relations it produces bureaucracy. What is the potential of PLGA (2013) – the LG law of Pakistan's Punjab province – to strengthen foundations of democratic state in Pakistan? Ali Cheema applies four litmus tests to the law to see how it measures up:

Litmus Test #1: Increase ability of broad set of voters to hold decision makers accountable

Reality check: Weak citizen accountability The law actually stipulates that District Council (DC) and Urban Council (UC) chairpersons be indirectly elected and made accountable to a narrow electoral base. Chairman and VC are to be elected by a majority of members of relevant council present Str and voting while DC members consist of chairman of UCs and 25 engthening P indirectly elected members. Then, the Electoral College is narrower than 2001 because earlier electoral college or Zila and Tehsil Nazims consisted of all members of UC, including ar nazim/naib-nazim in relevant area. ticipat

Reality check: Accountability to a narrow set of voters or y F F r

The Electoral College is now narrower than 2001. For example, the eder om F size of Lahore district's Electoral College in 2001 was greater than alism and D r 1,300 voters and in 2013 it will be only 245 voters! The size of an amew average rural district's Electoral College in 2001 was greater than 1,000 voters and in 2013 it is 122 voters! ork t ec o F entr The DC and UC chairpersons are indirectly elected and made unc alization: accountable to a narrow electoral base. The chairman and VC are tionalit elected by a majority of members of relevant council present and voting. DC members consist of chairman of UCs and small y

43 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality majority election b the principleof is adilutionof membership. This majority oft c not require chairman does election of clause f members. The indirectly elect number of and small chairman ofUCs c DC members ommanding a onsis t of or . y ot al ed betw Realit Litmus Realit leadership Realit building thr Litmus because par T go qualit r adv T has r political leadershipw Cheema ga principle ofelec membership ofc chairman/VC doesnotr number ofindir 4. 3. 2. 1. 1. eputation b he pr his pr v ough democr anc par adv closest politiciansacc authorities butunlik r ernment ma cr local elec education andhealthar epr estric een citiz eat y localleadershipbecausetheycannotenhanc y check: y check: y check: o oc y mak ties ha e t anc vision isf T T esentativ est #3: est #2: es fuzzinessf ess willr o higherpoliticaloffic e t t ed mandat ties unofficiallybackcandidat v y doingthis; e itdifficultf t o higherpoliticaloffic e aquickr v ed r ens andpar

Non-par Unlik e significantinc W ec D Impr tion b or non-par ouncil/c es; eak tiesbetw a educ epr eepen democr tly elec tic sy

ely t esentativ o or v y majorit e par v e canlookf equir es andfuzz e qualit ely t t st closespathwa ealit y basedelec orpor t ountable; o impac or localpoliticianst ot ed members em b ties ties' eff t ers whoma e notunderpur o ha y elec e c y checkonthelik 44 es r entiv ation. y een citiz y easeofen e b ommanding amajorit . y ofpoliticalleadership

v ac e authorit epr t qualit tions y separ or e es t or y b y acc

. T ts t esent his isadilutionofthe war tions . y str

o int , T y stillchooset y f whichisanon-sequitur o findandin ens andpar he clausef ountabilit y ofpolitical or localleaderst ating par es as: d t ed indistric engthening ties er y t view oflocalelec tr o buildr o v y andr o runthem; . ene; Hisr ely qualit

ties fr or elec eason isla y pr v e their ties eputa eputation t o holdtheir est inbett y oft t om local oc

tion of o y of otal ess: tion t ed w er o This process will 2. the process is not transparent; reduce parties' efforts to find 3. retains negative qualities of partisan politics without gaining and invest in benefits; better quality 4. reinforces personalized groups at the expense of cadre-based local leadership parties; and because they cannot enhance 5. incentivizes horse-trading and support buying which further their reputation weaken party presence at local level. by doing this; Litmus Test #4: Broaden base from which local political leadership is drawn

Reality check: Narrow leadership base Non-party elections serve as a restrictive entry-level criterion for lower income and excluded groups because without party support, candidates may need more resources for campaigning than if they had part support. .

Correctional measures: what should be done? Ensuring broader According to Cheema, to address these serious shortcomings a representation number of measures need to be ensured in the PLGA law through at local level amendments: will mean considering 1. Ensuring accountability to a broad set of voters –by including –parliamentary a proportion of politicians elected at-large from voters of urban council or district system at all tiers (including 2. Allowing for party-based elections –but by using an open-list UCs) with Str engthening P proportional representation system to help parties measure chairpersons popular support of local candidates elected by a majority of the 3. Forcing parties to choose better candidates and get in touch total ar

with voters ticipat membership of

4. Ensuring broader representation at local level will mean house; or y F

considering –parliamentary system at all tiers (including UCs) increasing F r eder with chairpersons elected by a majority of the total proportion of om F

membership of house; increasing proportion of reserved alism and D r

reserved seats amew seats for women, minority and lower income groups; and encouraging proportional representation for women, minority and ork t ec 5. By clarifying for voters who has political responsibility for lower income o F entr running district authorities groups; and unc alization: encouraging tionalit proportional

representation y

45 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality years. of politic the demandside over thepas f of firms through aseries c politics and t ref R de landmark shape of essen in P democratic gains res paradigm shiftin or o represen onsolidating esponding t velopmen orms, the ward inthe t akis oring primacy tially c t trides an has al t ome ative ts t f o e w v dimensions ofstat fr clarit T ¤ ¤ ¤ b H Dis ar he impac y theinfamous amew UNDP P Democr F Na Amjad Bha Str eder ying degr tributing o democr amendments inser r A it wasdist and (dur Abr mission stat wher Absenc tional T eng epr y andint dult alism andDecen ogation ofc ork wasalsointhr thening P , f par ist esentativ

ations whenitwassetaside); eder akis a e nor er tic Gov orically t ofthisunev echnic ticipat e ofc ation ofc atic f t ees: t an alism hasbeenafflic ti errupt or epr ement wasa t articipa wnership inde ernance Unit

or “ al Advisor onstitution (periods ed against , e willthr T P or esentativ e andsociet c hr ak onstitution es). y go ed legal onstitution (when ee A istan's tr tr t t

aliz ory en mission ed initb v ernanc s ee diff ough a ” .

tion T e political hese ar v 46 ailable); a y t v er e and ails of y non- o t volved governanc ent ed e:

T dev in theshapeoflandmark thr gains inP politics andc r political r r In thec 2. 1. 3. 2. 1. est esponding t hese include: ough aseriesoffirmstridesf elopments o oring primac Holding ofthe2008gener D democr tr elec c outlining mediumt Char political par F M on MDGs dev F par institutional inefficienc dev (e Br leading t local go militar failed localgo driv disenfr politics r the br C onsensus onpoliticalr ailur r onstitutional failur ev ansition fr .g amew edium eakdo ticipation, ont ., elopment deficits(e elopment disparities elopment b en politics tions thathelpedP polic t ef e ofgo er ofD ak eakdo y-led politicsanddenied empor anchised stak e orms atic rule; v istan hasessentiallyc ork, wn ofdemocr esulting fr T o failur o thedemandsideof ernanc , onsolidating democr shor erm D y planningv om militar et ties ofP emocr wn ofdemocr , v v thepar y t et er thepastf ernanc ar v , c et t ernanc o r .). c y mainstr y c c e ofgo e undercivilian- ev

omings on

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“Each Province shall, by law, 3. Signing by Pakistan of the Political forces undertook two specific establish a local international Convention on Civil significant steps with a view to correct and Political Rights: government this tarnished legacy in our local system and governments. Firstly, a signed th devolve political, 4. Institution of the 18 Amendment, commitment in the Charter of which amended over 100 articles administrative, and clauses of the Pakistani Democracy in 2006, declared: and financial constitution ridding it of responsibility distortions inserted by the “Local bodies election will be held on and authority to military; party basis through provincial the elected election commissions in respective representatives 5. Holding of the 2013 general provinces and constitutional of the local elections that helped achieve protection will be given to the local Pakistan's first transition of power governments.” bodies to make them autonomous between two democratic dispensations; and, and answerable to their respective assemblies as well as to the people 6. Readiness by democratic forces to through regular courts of law.” conduct the first local government (LG) elections. Secondly, Article 140(A) was incorporated in the 18th Constitutional Legacy of Local Governments in Amendment. The landmark Pakistan constitutional achievement unequivocally states: ¤ Military governments installed all three systems of Local Governments “Each Province shall, by law, establish a local government system and ¤ First LG polls were held in absence devolve political, administrative, and of any other forum of elected Str

financial responsibility and authority engthening P government at provincial or to the elected representatives of the federal levels local governments.” ¤ All LG systems were incubated by

Challenges and opportunities ar

federal governments bypassing ticipat Article 140(A) of Pakistan's the provinces constitution while stipulating a or y F

¤ All LG systems were deployed as a representative LG system as a F r eder 'ladder of legitimacy' by manifestation of devolution of powers om F alism and D emphasizes 'responsibility' and r

successive military governments amew 'authority' to underpin their ¤ All LG systems were used as a tool embedded references: ork t to extend central authority of the ec o F

federation to the district and local entr ¤ Responsibility can be defined as unc levels which, according to studies, alization: led to over-centralized “The state of being answerable for tionalit governance structures in Pakistan an obligation, and includes judgment, skill, ability and y

47 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality be delegat Authority c R but not esponsibility! ed an ¤ ¤ penalt fulfill, cir b (assigned b per or obligationt injur other f capacit succ dut D liabilit one persont “ jurisdic D c la po or taxc management func go ac agenc b f or situation, includes arightt P carr t func inher “Institutionaliz A or anac ollo o enableitsholdert T ommand; o y one'so y anequalr uthorit elegation orpassingofauthorit e ws; ders andexpec he tr tions orafailur cumstanc w v w v f y ernment t y outhisorherr orm orc olution er thatisdelegat ession ortr ers; w tion, tion, , y itma t po ent inapar andwhichhasac wise mak o exac y y orbodycr ed; y f ansf , y tion. ollec title t w .

t done or failur suchasen orpositionthatismeant T o implementandenf itisalwa y c er wn pr he obligationt

t ommit r can bedefinedas er ortr y ha y someone , ” , o judge and/orrightb

tion. es) thatonemust estat omplet can bedefinedas t obedienc o anotherofaright esponsibilit , o per po o satisfac ed andlegalpo e r , andt v ansf omise or R e e caused ticular job o c w e t estitution f t them ansition fr . e eat ” ys acc ight t esour

, er gener f oroffic . er ommand a e atask o ac vir orm aspecific C esponsibilities o succ o r ed f ed b . ontr ” onment , orcr e; t onsequent o ex epair ort t. ompanied orily c y f ormally t o answ An o be . 48 es y a Adut ol o o y , e or one's

essfully ation, , om er eat . giv

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tr distribut int subjec t seen ho stipulations andguar r A dev L Ar Responsibilit A 4. 3. 2. 1. espec o beinc Gs andidentifiesf s P uthorit anslat ticle 140(A)definesjurisdic er olution atthelocallev D D D D the localgo t r authorit assignments oftheLgs –the r r da authorities inthec –ex r Lgs authorities t polic –the legislativ r ak o theelec fac epr esponsibilit esponsibilit esponsibilit e e e e y func istan's pr ts andtheelec tiv v v v v . ecutiv ed int

es w theyc olution ofr olution offinancial olution ofadministr olution ofpolitical esen ed o orpor y r y e L ev . Inthiswa

can bedelegat elat G la enue andexpenditur tioning oftheLgs y t wnership willbe o ourr ta e r y at t ed r ed r ! o theelec o tiv v ws esponsibilities and o bedev onf ed int vinc ernment. y andauthorit y andauthorit y andauthorit e es ofL , itr esponsibilities and our ar , epr r orm t esponsibilit ealit y theint egulativ es dr t ant emains t ed /non-elec o lev esentativ ourse ofev y ees thatneed olv eas of Gs o these .

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At the policy level, Government of Social Capital as a Determinant of quality Service Punjab agreed Delivery by Local Government Institutions: A review of that they will Rural Water Supply in Punjab follow the internal/external development model that is accepted all over Pakistan it being an excellent model for partnership between communities and the government wherein internal Fayyaz Baqir development is Director, Akhtar Hameed Khan responsibility of Resource Center the community.

r. Fayyaz Baqir is a senior development professional widely respected for his dedicated work with communities across Mthe country for participatory development at the local level. He made a presentation on community development in Punjab. Str

At the policy level, Government of Punjab agreed that they will engthening P follow the internal/external development model that is accepted all over Pakistan it being an excellent model for partnership between communities and the government wherein internal development is ar responsibility of the community. This means that the house latrine, ticipat the connecting pipes, sewerage line in the lane, will all be paid for by the community and operational maintenance will also be the or y F F r eder responsibility of the community. As for external development, which om F

is connecting households with trunk line, and building a trunk line alism and D r and disposal; this will be the government's responsibility. amew ork t The policy reduces cost for the government and smaller amounts in ec o F budget are required to develop the scheme than in the case of entr unc

where the government totally takes over. It reduces government alization: tionalit cost almost to 70% if you take this internal development approach. Also operational management can be carried out rather easily. y

49 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality t L draft versionsof with theearly legislation issues and general c There are o beaddressed... G lawsthatneed ons titutional the pr of abillinM P a r arr pr dir C dat T elec P la the pr Amendment waspassedmandating landmark 18 suspended andthesamey w elec t the r T Provincial L enur he 18 ak ak our ws andElec er o (DRI), P Democr Coun Vladimir Pr esult ofthisdir ec angements f es f vinc htunk istan (ECP)t e notheld tions tions w egime ofP t ofP t e wasfiv ed thef P G he lastnationwideL o o or elec th try R ak vinc vinc o es andtheECPt Amendemntdidnotstipulat akis v . acy R

istan w hwa pr ak ernment (L epr er e es t t a istan inA th , an andP y 2012f e duein2010. an tions andtheSupr tion C G lawsinP eder C eporting In . sen e y In2010theL o ha er or earlyL o holdsubsequentL onstitutional oduc er ears andsucc t ec v a al go aiz Musharr e heldin2005b tiv unjab v ommission of tiv e theiro G) elec e or L ugust 2013 ed thefirstdr e v , K t o mak ernment erna G elec G syst , Sindhand h ocal akis yber ear the

Gs w T tions in tional wn L hese 50 e af esion tions em in t eme . an –K

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G heir e y af . G A t e s e y challengest elec c independent monit obser ac r financ tabulation; polling pr gr T A Balochistan pr ¤ ¤ egistr ode ofc he pr ugust 2013. S eat tions f and elec of elec suffr c (syst pr early v gaps needingatt Glaring gaps: obligations c pr C legislation andtheElec r r ser r gaps; unclear legislationwithsignificant need t early dr gener T tions; elationship withf epr egulations writt ta onstituenc omplianc her ommission ofP er clarit v o o es; o ation ofv ation ofelec t v visions f visions notbeingin vicnial L e ofthelegalL esentativ ants inst age); em ofr e ar or w sec onduc numberofar andelec oc al legislationissueswiththe o beaddr ersions ofthedr tions; campaigning; af e c edur t ondar y andelabor omen andminorities;

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Khyber Pakhtunkhwa LG Law 2013 – Key Features and Status The support institutions for ¤ Enable people to set their own the urban district priorities governments and rural district ¤ Make services work for the people governments will ¤ Ensure linkages between the tiers be District of government, civil society, Education development partners and private Authorities, sector Punjab Finance Composition Commission, and There are three tiers of administration Punjab Local Inayatullah Khan stipulated in the KP Lgs: Government Minister for Local Government Commission. Elections and Rural Development 1. Tier 1: the lowest tier will be Department, Khyber Pakhtunkhwa Village Council and/or Neighborhood Council;

2. Tier 2: the intermediate tier, will ouchstone for the Khyber be Tehsil Council; and, Pakhtunkhwa Local Government 3. Tier 3: the highest tier, will be Ordinance (KPLGA) 2013 is the T District Government. constitution of Pakistan, in particular three articles: Tier 1 functions These will be monitoring of ¤ Article 32: Proactive encouragement of LG institutions performance of functionaries of all as obligation and principle of offices in their area; registration of

policy births, deaths and marriages; watch Str and ward; approve annual budget and engthening P ¤ Article 37(i): Decentralization of review audit reports; organize co- government administration on the axis of expeditious disposal of operatives for improving economic returns and reduction of poverty;

business for convenience of the ar

public alternate dispute resolution; ticipat identification of development needs

¤ Article 140-A: Devolution of or

and implementation of development y F

political, financial and F r eder administrative authority and works; mobilizing communities for om F

responsibility to elected assistance in maintaining public alism and D r representatives infrastructure, and de-silting of canals amew and development activities. ork t The following are the objectives of the ec o F

KPLGA 2013: Tier 2 functions entr unc These will be provision, management, alization: ¤ Make service delivery outlets operation, maintenance and tionalit optimally functional improvement of municipal services; y ¤ Make public servants accountable preparation of spatial plans and to the public dissemination for public enquiry;

51 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality elections c c the provincial c enactmen assembly f provincial t P Commission of with theElection presen Departmen the Law The KPL be c will beve abled inthe oncurrenc oordination will abine akis onduct t an f t f t ed bef GA 2013 or t or t, and t or ed e, ed b t, ore y T Suppor Subjec ¤ ¤ ¤ ¤ list. ¤ pr T 5. 4. 3. 2. 1. institutions namely T offic budgeting func planning human r T c func r of municipalla dev o impr ex emo oor he subjec he 3-tierL he func ier 3func v o ecution ofdev er land-use InP vinc Rur P Mother andchildhealthc Basic healthunits; A elopment andz hospitals; hospitals other thandistric Tier 2and Dir delimitation; D super L fiscal tr P elec Elec es tions inTier1. dinating andsuppor o rimar ocal G dult educationandlit r v elimitation A o v al ofencr . ec al healthc ement ofinfr ts t vincial F ar e t t institutions tion C tions andfr esour tions willbec , t dev t-A: vision andlink or o thelo y andsec o bede ts t ansf G syst tions o at v

, t

elopment , ernments C o bedev land-subdivision, ommission ofP c e ofL Tier 1. eaching andt ws; e management ers; inanc oachments; tions f and elopment plansf em willha ent w pr v uthorit

: G&RD f er lev oning; anchise; olv ondar

astruc ev es andhospitals e C , t headquar

or thedev oor olv ention and ed , financ ommission f ages; els ar ting municipal ommission f y f ed fr y education; enf dination, tur or suppor er

v

or er e suppor ac

e; ak ent or 52 e along om the tiar e and ,

c y land c istan f olv ; t ontr

ement ers; ers or y

ed

or t ol t or or

o Ne C c enac tabled inthepr pr La T and c than t In P ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ In P ¤ ¤ ¤ ¤ ¤ onduc he KPL ommission ofP o w D x vincial cabinetf ar ar V T Spor Special education; Social w Distric and Rur P Social andfarm-f C F Soil c On-farm wat Liv A P P dev t st echnical education; tment isheries; ocational education; opulation w ublic healthengineering; ublic health; ooper gricultur olleges t-C thesewillbehospitalsother t-B eaching andt epar est al dev eps t elopment; , GA 2013willbev

ed withtheElec ts andcultur , thesewillbe: onser ock; t r tment , ativ andc elfar oads andbuildings .

elopment andrur

e (ex v es; o ation andsoilf e andc er management; ak vincial assemblyf , elfar oor pr

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The support Punjab LG Law 2013 – Key features and status institutions for committees (per 30,000 people) the urban district and union councils (city councils). governments and rural district ¤ Under Tier 2 there will be Rural governments will LGs with district councils and be District union councils (village councils). Education Authorities, There will be Panchayats for rural Punjab Finance areas and Musalihat Anjumans for Commission, and urban areas. Punjab Local Government Support institutions Jawad Rafique Malik Commission. Secretary The support institutions for the urban Local Government (LG), Punjab district governments and rural district governments will be District Education Authorities, Punjab Finance he following are the Commission, and Punjab Local objectives of the Government Commission. TPLGA 2013: The functions of support institutions will as follows. ¤ Provide, manage, operate, maintain and improve the municipal Punjab Finance Commission infrastructure and services The PFC will make recommendations to the government on a formula for ¤ Sanitation and solid waste management resource distribution including:

¤ ¤ Distribution of provincial allocable Control over land-use, land- Str

subdivision and land development amount amongst the LGs as share engthening P of each LG; ¤ Manage properties and assets vested in Lgs ¤ Distribution of amounts received by the government in lieu of ar

¤ Enforcement of municipal laws octroi and district tax amongst ticipat and regulations Lgs; or y F

¤ Matters relating to LG finance F r eder

Composition om F referred to the PFC by the Under the PLGA 2013, Punjab province alism and D

government or by an LG. r will have two major tiers – Tier 1 will amew be Urban Local Government and Tier Punjab Local Government ork t 2 will be Rural Local Government. Commission (PLGC) ec o F

Functioins of the Punjab Local entr unc ¤ Government Commision (PLGC) will

Under Tier 1 there will be alization: tionalit Metropolitan Corporation Lahore be to: with municipal corporations (per y 500,000 people), municipal ¤ Conduct annual and special inspections of Lgs;

53 Each rural UC will ¤ ¤ constitute a Conduct an inquiry by itself or Ensure teaching standards, through any other agency about infrastructure standards, student Panchayat for any matter concerning a LG; safety and hygiene standards and amicable minimum education standards for settlement of ¤ Conduct a special audit by itself or quality education as may be disputes in the direct any other agency to prescribed. prescribed conduct a special audit of any LG; manner and each District Health Authority ¤ Resolve disputes between any The DHA will have overall jurisdiction Municipal department of the government Committee and and an LG or between two or more for health in the district. It will carry urban UC will Lgs; out the following functions: constitute a Musalihat ¤ Conduct social and performance ¤ Establish, manage and supervise Anjuman for audit of a category of LGs on the primary, and secondary health basis of specific performance care facilities and institutions; amicable indicators through a third party settlement of and publish the report of such ¤ Approve the budget of DHA and disputes in the audit; and, allocate funds to health prescribed institutions; manner. ¤ Take cognizance of violations of laws and rules by an LG in the ¤ Provide stewardship, ownership performance of its functions. and oversight of health service delivery at primary and secondary District Education Authority levels within the policy framework given by the government; The District Education Authority (DEA) will have overall responsibility for the ¤ Coordinate planning and allocate sector within the district of its finances for provision of service jurisdiction where it will: delivery at district level; and,

¤ Establish, manage and supervise ¤ Develop referral and technical the primary, elementary, support linkages between primary secondary and higher secondary and secondary levels of health alization: schools; Adult literacy and non- care on one hand and tertiary entr formal basic education; level health facilities and medical ec education institutions on the ¤ Special education institutions of other. the Lgs; Panchayat/ Musalihat Anjuman alism and D

y ¤ Approve budget of DEA and Each rural UC will constitute a eder allocate funds to educational Panchayat for amicable settlement of y F

tionalit institutions; or disputes in the prescribed manner and

unc each Municipal Committee and urban ¤ Implement policies and directions ticipat o F UC will constitute a Musalihat ar of the government including

ork t achievement of targets set by it; Anjuman for amicable settlement of disputes in the prescribed manner. amew r ¤ Ensure free and compulsory

engthening P education for children of age 5 to om F r Str F 16 as required under Article 25-A of the Constitution; and,

54 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y e and e or t. The t run b orporat GA 2013 ouncils G/municipal G/municipal work. ablished under al c y other clusively deals clusively t venue, polic x The SL e with L and does functions not deal with re an departmen the provincial governmen es loc this law will be body c will function under the provincial frame

. o e al o e and o be , tiv t o er of

e ec o be ats t tionaries tw orm t , tion or ork. ativ y and local er will be o ensur or eff onf planning cise gener ernment , ommissioin

GA 2013: . v e er he minist echnicr amew es among local ernment and ed func ws and issue atus T ommission t

ommission c v . ernment y vicnial assembly t ounils t 2 t e minist w minitr v t C o G la e C and local ouncils f , tivities c financ t administr , esponsible f y the go esour w ther members will be e and will func ernment C vincial fr y of elec y the leader of the house y the go v ernment will be chairman

O o inanc at v ed b o o the c onduc ernmen he financ v T wing will be the suppor

ed b ed b . elopment ernment will ex t institutions 55 o visions of L ge of their duties omprise 2 members of the v

orpor er of local go o vision of the c ocal G tions t eatures and St eatures ollo etaries of the la etaries of la ernment ministr ernment. vincial F GC. vicnial assembly one each t ountabilit ec v v o o y f GC) GC) will c r ocal G he f he L he PFC will be r he go ouncils e t will c body c under the pr T the SL institutions under T (L acc pr I nominat and the opposition, nominat secr go the local go of L T distribution of r c its chairman. minist members of the pr be nominat secr and dev go T super that their main ac the pr dir dischar L Suppor (L P e

t . y c est

. e wn her o T e will t

ocal t ana. , her y other T

2013.

her ees ouncils T ations in t Act 2013 – K t Act 2013

tion: e municipal vincial ation will omposition a y the Sindh o ernment A ts: ts of the cit w will be 1979. v tions: ouncils e or an , ely deals with o a e achi under orpor ed b ommitt orpor ugust 29, t ar orpor t Municipal al par t Sindh ernments in the r tions and does not polic , y the pr clusiv v ts of the Sindh ernmen orpor ocal G al omprise fiv dinanc Sukkur and Lark v , ar Junejo he local c t o or rur t go T

enue .

ees and union c e ernmen ation in K al Governmen t G ations and one distric

ev abad opolitan C wing will be the c or Gener e municipal c vinc ssembly on A der v GA 2013 ex o w is mainly based on the L tment run b he Sindh L 2013 was enac A orpor

al Gov orpor ouncils f ommitt ollo ect will be a Distric C which will c c c ha Each municipal c c will be municpal c Hy be distric of the distric pr Metr Municipal C Distric ernment Or ernment. aheem Akh v v F Dir Loc o omposition he la he f he SL G/municipal func ¤ ¤

¤ T Sindh Loc T G T of Sindh Lgs: T L deal with r depar go established under this la C The Local Government Commission has Balochistan Local Government Law 2013 –Key Features and Status been abolished and in its place The following is the domain of the Divisional BLGA 2013: Coordination ¤ Committees Virtually every problem and affair that a common citizen experiences (DCC) have been in day to day life. From birth to constituted to death, from water supply, oversee district sanitation and education to governments in marriage, disposal of refuse, roads, their respective town planning, etc. provincial ¤ Provision of utilities and services divisions. Iqbal Marwat necessary for life in a civilised Likewise, the Director General society to be furnished by elected Provincial Local Government Department, urban and rural local councils. Finance Balochistan Commission has ¤ Agrovilles will be relatively self been replaced contained urban settlements he touchstone for Balochistan designed to ensure a rational by Local Local Government Act (BLGA) spread of urbanization in Councils Grants 2013 is the constitution of Balochistan and to serve the Committee... T Pakistan, in particular the following surrounding rural areas by taking urban facilities to rural areas. articles:

¤ Article 32: Promotion of local Composition government institutions. “The State shall encourage local Urban-rural divide has been restored government institutions in the province and the nomenclature composed of elected of local councils has been established

alization: representatives of the areas in Balochistan. The Local Government concerned and in such institutions

entr (LG) obtains in two tiers:

ec special representation will be given to peasants, workers and ¤ Tier 1 comprising Metropolitan women. Corporation in Quetta (population over 500,000) with 2 municipal alism and D ¤ Article 140(A): Local Government. y corporations (population between “Each Province shall, by law, eder 100,000 and 500,000) and 52 y F establish a local government municipal committees tionalit or system and devolve political, (population between 15,000 and unc administrative and financial 100,000); and, ticipat o F responsibility and authority to the ar

ork t elected representatives of the local ¤ Tier 2 there will be 32 urban and government.” rural councils coprising an amew r accumulative 599 union councils

engthening P (population between 7,000 and om F r Str F 15,000).

56 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o e ts. e t t. es t ak y and , it was es their anding o realiz t ver titutional titutional s t onom ep t The 18th Cons Amendmen had given provinc long-s given them their due righ demand of provincial aut benefit from this and t Howe now the responsibility of the provinc s the benefits of the 18th Cons Amendmen e y en o

,

vincial . it was en o e , ee t t and er ; e: ghanistan ation b f y er e Divisional ev vincial ac al stat w o r y - A or Municipal y the pr

ommitt . orpor f y and giv om this and tak Ho . y of the eder emocr the P ahman said the 18th , ersee distric ants C ernments will be v ation b onom v y D ouncil, or e the benefits of the o o ernments wwar Alam - UK t C or session 2 w v ewise o benefit fr orpor azl-ur-R ation or a f eeta Lall - India esponsibilit ed t ealiz r Lik or Municipal C . t go 57 es their long-standing demand es t ticipat f P ouncils Gr , Muna Muqtader Nasar . . o r . onstitutional Amendment. vincial aut ar eder y Distric o ee P F Mr Ms vinc vinc w the r o o aulana F Mr eps t onstitut onstitutional Amendment had giv ocal C 1. 2. 3. opolitan C or the distric go 2. 3. pr them their due rights C M of pr no pr st 18th C Discussants f y L etr ommitt ouncil b o the distric ed b e been c vincial divisions ers t v o or the M eplac ansf e pr ee on C) ha dination C t or Union C tiv oor annual budgets f

o him these ommission has been abolished and in its plac ommission has been o the 1973 ee ees (DC espec t Commit Budget f e thr ding t ernment and f azl-ur-Rehman held ones t orms er ws: f or GA 2013, v e ommitt cc er ernment C t Ulema Islam (F) & e w arliamen ollo y Divisional C A v

eligion Islam; azl-ur-Rahman w BL o

ornerst aulana F ther c ommission has been r ommission has been ee b t institutions , Jamia vincial go ed as f e C titutional R

o v fficial r t Speak ocal G dination C o O ernments in their r ernments in their ernment. v v ersee fiscal allocatiosn and tr ersee fiscal allocatiosn e: Maulana F Ameer Member of P Cons onstitution. oor ommitt v he L inanc

Gues M C ar 1. T C Suppor go F o Under the la appr C the pr go

Session 3: Participatory Local Governance: Capacity, Resources and Innovations

Session objective:

Identifying and suggesting remedies for capacity gaps of local governance structures; How can local governance empower citizens? Innovative methods of effective service delivery at local level?

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality al an be ts in vels of e t es. ying t le xis eren f xperienc apacities c apacities of loc apacities e the world. Solutions on appropriat derived from learning from their var c dif governmen There e c

, o

his , ed oid or

T o o be .

. er ving v e e orms t t o aliz om ev es vic ef orld vic w es and/or om e while omes y r y has t entr tur om ors who c hey held impr , e easily Ho T tur .

at

ong anti- . e e capacities e capacities ing shor ed b es els of capacities els of capacities ed the need t es v aised was the istan. o be those that o enhancing y of dec tur e is little need f es in plac opriat ak engthening er public ser adical and can a om learning fr er ser elopment ent lev essionals fr allel struc alue public ser oposed out ees of politicization of end t er of er challenges of xperienc his includes setting oo r or administr e struc ems with str

ed fr T . elt ther elating t

ernments in the w ernments e bett e e of maintaining a long- v v

. esses and link is bett vic , entually run local entually run local ed f an e ories t ying experienc es r t o new 61 ers f oc o help existing struc y syst e not t ts and pr ar tanc o ha e sustainabilit tiv e t e st ch when adjustments and er esses omiz e exist diff ernanc ernments in P e high degr at v v v olv esent ojec oc ghanistan emphasiz eating new mechanisms fr ould ev f he visiting pr ountries that v orruption measur erm vision. end t ghanis pr cr modifications can be mor made t scr ev A pr go T ensur they held that ar dismantling par pr Another point they r impor t objec capacities and str institutional dev local pr ther of local go Solutions on appr Solutions can be deriv their v they cautioned that capacit they cautioned that cust w go c t deliv c failur ha public ser

y o eput Head

, D , ar e: ations e was y igar er v ghanistan. oot f ed that F es and was es and was ories of . v he enc alia while T

an . ed salient er e Gr t ernanc tructures – The Af v ustr ess st t Manag o halv y local es in A o onf aul Mollo A , opean Union e s omments the tw or ed dignitaries in esent P o diplomatic tur . ghanis istan. end D oaches ur o tw an and Nasir Fig har and Mr es of the local ak E t ocal G ed succ Ber y tw y Mr ernance Advisor . elopmen enues and Inno ticipat v d session of the d session t of Af o P he first half session on he first half session y L

T e appr Shek

eatur . .

ation, r jointly pr f ghanis or ed b y Mr ed b Rev ernational c ernational , y ond-half of the session was ond-half of the session am De ommissioner

ed par he thir int divided int ernmen

ed b al governanc ooper ernment struc ernanc ogr tul Shekhar ticipat egional Gov v v UNDP Af R A Pr Gov elegation t apacit hey also shar ar

Loc M go T adopt

go T also chair luminaries and not Islamabad P C was chair High C the sec chair of C D During their brief c seasoned diplomats obser There are certain opportunities, priorities, and actions that we have come up long-term stability initiatives made by bureaucrats as had within a local Mr. Figar said as government happened in other countries. We have administration employees in Afghanistan they were examples of this happening even in law. However, happy to have an independent our own regional neighbourhood there are still directorate at the ministry level countries. In contrast, this has been a some ambiguities dealing with local government issues strategy that was developed by the around roles and in Afghanistan. Coming to strategy, he government with the help of the responsibilities at said, Afghanistan is quite rich in terms international community. There was the local level. of the strategies we have. There are so participation from civil society, from For instance, the many case studies, and researches in the people and many public interaction addition national plans and policies consultations. And the result is that between the adopted recently. now we have a strategy that has come ministries and out of a really constructive process. the provinces is When the international community not well defined. engaged with Afghanistan in the wake Our strategy in Afghanistan for local of 2001, there was little government government is that it is all about infrastructure in place. This became participation of the people in the the priority at first and it remains a process of development and that is process underway for they are still how we include people at large, continuing to refine the institutional especially at the grass root levels. They arrangements on ground. This means are involved and able to prioritize their government structures on ground need needs in the strategy. were not able to deliver or were at least unable to comply with donor There are certain opportunities, needs and requirements. priorities, and actions that we have come up within a local administration alization: We have developed the Afghanistan law. However, there are still some

entr National Strategy (ANS) which covers ambiguities around roles and ec all these areas: responsibilities at the local level. For instance, the interaction between the ¤ Transparency; ministries and the provinces is not well alism and D defined. Or how the district council or y ¤ Accountability; eder other elected representative body y F might work together with

tionalit ¤ or Service delivery; and, government administration. So, we unc ¤ ticipat o F Rule of law. have dealt with these basic laws that ar the government of Afghanistan must ork t So what we did, and it is land mark have for its administration.

amew development, was to make sure that r this was not a government strategy engthening P om F r Str F

62 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o o t. t t ation. e. ation t an from traliz t ainable en traliz t velopmen onomic growth onomic growth akis eople are en o human and sus de There has been a There has shift in paradigm P There also has been a shift from c dec ec t managing democratic governanc P moving from running a governmen

y e e w e al e v v ch e

, the , e e e t e ar er vic v ed hey e not entr ement. y of the e done . arious v ec v T er they v e- vic es ha

. e y v

ation of ev f y v eement w e w ed arms of or ser eser ho e a new e ar aliz ; e set a goal tions and wing e agr e r v egions hey ha oric stage of its v y 2008. een ser o e local ed which can they ha he lesson her een the c atist mo T , a

v eloping . T or local

entr at e ar tries e all these ticipation is as lo ently t f e in el. y of the stat e M e is no separ e a gr ears hey ha tions what they ha ernment f ements in man v while not per T they will not ha v

wn peac , w which they call onstitutional Monar v espit oss the r ernment and ther hailand e lev er the elec v tions in 2015. anmar ther y frustr er T t wn separ D . y e and/or instabilit omen and at the stat y er ev ation ac o attain the status of a o attain the status tions until they ha al go or 48 y oups; ed Coun e a la tions in 2010 and b ourse ther y and they ha So ther el without fiscal po . w ac hey don't ha ds acr v omen's par y y f y is a fast dev y good job of uniting v y good job of uniting T or w 63 So af

al elec . atist mo entr er ysia has been an independent ysia has been an independent Ho . tions in 2012 at national, tions in ett ernments curr ernments which was passed last ome v eloped nation. elopment. es el w anmar is at the hist v v onom y ala o violenc ed Governanc ear ountr ountr onstitution sinc hailand is a c egional stat olled back the dec esponsibilities betw c a pr ethnic gr c ec which is t dev dev c had elec elec r is that in M separ stat during the elec done is that man signed their o with their o And of c seats f lev as 2%. go they ha administr go y local elec gener but they do ha democr elec r the c deliv r and local go wide disparities betw standar M M T ¤ ¤ ¤ can bec the local lev lead t traliz en

el ds er ed

. ysia, e eat eople war y ala And o P o es at er e at the es and M t in . ernment d t em. e, UNDP v e a gr ernanc ticipation of tr orruption at a om wth t v ation in Dec ation in elopment. war antaged and t eat o t fr em is v or ernanc egion: Case Studies of Select Studies of egion: Case alization. acial and ethnic omen can be v esentativ . esentativ t Advisor atic go adigm shif epr entr el w ving f epr a discussed the esentation and talk egional Cen al r epresen atic go acific R al r onomic gr ourse the par or hailand ernmen o dec t e mo or T t ountries briefly i.e om running a go esentation at the local lev o the political syst acific R ilapitiy el which can cr e also minuses and one of ticipation of r e ar oral R .P om ec epr al Gov y the quota syst s elec democr ee c ed t

el in her pr e ar One of the biggest pluses of al r ving fr Ms. Thusitha Pilapitiy Loc Asia-P tant. er par alization t Elect the Asia P the Asia or

e has been a par e also has been a shif t istan fr den on poor and disadv oduc anmar and eat oups and of c y e mo omen. ak her her entr

o managing democr M local lev about thr M T P human and sustainable dev T c ar t And also w gr gr w elec is because at this lev intr that is wh impor But ther the biggest minuses is that c the local lev bur also when elec The intergovern- Participatory Local Governance – Perspectives from Australia mental and civil society relations citizens in all tiers and stages of local are critical to governance. She emphasized on the deliver need of intervention in support of outcomes bridging gaps between service spatially...local delivery and results-based democracy. government systems need a Emphasizing on another major point, substantial Ms. Ryan stated that the amount of hard intergovernmental and civil society power to relations are critical to deliver exercise soft outcomes spatially. She pointed out Dr. Roberta Ryan power and that that local government systems need a Associate Professor there cannot be substantial amount of hard power in a victory with a University of Technology Sydney, Australia order to exercise soft power and that losing hand. there cannot be a victory with a losing hand. This she termed as one of the sing the Australian example, Dr. fatal flaws in the community Ryan gave a presentation on governance vision. In her point of view, Uparticipatory local governance reconceptualising local government focusing on the major elements that based on delivery through need to be incorporated in laws, engagement can be a key success procedures and practices for an factor in the participatory approach effective multi-tier governance towards local governance and making structure – the core being involving government work for constituents.

alization: Rural democratic decentralization – Lessons from India entr

ec r. Raghunandan in his presentation outlined the Mexample of Panchayat Raj

alism and D System in India as a case study of y successfully implementing eder

y F participatory local governance tionalit or approach. He identified some of the unc major factors such as mapping all the ticipat o F ar activities at the local level and creating ork t budget windows for the local

amew government in each department's r T. R. Raghunandan Advisor Local Governance budget. He explained the concept of engthening P om F r Str F Initiative & Network, Swiss Panchayat in detail and their Development Cooperation, India influence on local governance in India.

64 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality are. e y vic o y aking lies y t o the an be e ess in such c ablishing t The k suc undert in increasing people's welf This c ensured b es public ser deliver mechanisms as close t people as possible. ed y ork ting

. er eel arious

y . ed tape y e w e lies in op e r

er tly : atization as y ed b e deliv or ec or the v t e sur onomic and ernanc vic o the people as ocal es f o the t alization and essit hus suppor v wing ec t also helped L tions w T t . omes in

I ee efficienc . . e minimum

e entr tions f oaching local es ollo t: y scheme- er er of entiv eness and eness and ant y nec om the local tiers of ollec ec eal and not- tiv e w and dir , atization dir y fr ed b o c elations y local go ec ernanc es e right up t eal and not so he held c he held ou must mak v e in dec c o guar or ed appr xies being een r his can be ensur er t eriz Y y of func eat eff ess of the Indonesian

t . o T 65

er w . e eff ts national democr etion in spending etion in spending e ac w o gr esour ed as r ernment offic ernanc vide right inc ticipat olution, v v erlaps t o at elfar ell as engendering ec ed po es betw discr v and pr he succ ev ernmental r w establishing public ser possible mechanisms as close t empo go is at its minimal so that people f local democr suppor w social stabilit go experienc par T the clarit tiers of go ensuring ther o In Indonesia the f distributions of func out t o ensur e –both as a matt v ts ole assignment b v o pr D a enc

. y limit o tax, el. er e ey t ood t e human r er-go et o er t ernment. olution' is char v w is k om abo oadly separ , ancha e P ent t ormanc ed her egulat or f e in ed fr ef ti eal dev the po , a o good int per o include clear r ess in such els of go t or the o be underst a ed that the diff ed that the ther e and r al e at the local lev e at the local y easing people's ey t tati shar ernanc v fir , ting f o succ e staff on deputation, es of oss lev , tiamart er e alization and ancha ey t ernanc ase he 'not-so-r ocus was the int o hir P v T

. xies ac olution' has t entr ation – Lessons from Indonesia asetiamar y tion and Loc or o ood design, r he k er t ti Pr y local go a o spend money T

olution need t olution need viour acr .P

w G Her f . pr or s experienc dec , ing lies in incr aliz y in go er t tr es traliz po ess , amme Manag w c tak

ernance, UNDP Indonesia en 'Real dev ogr eal dev ernments cannot be polic ticipat ountabilit v Ms. Budia Pr Decen Gov aghunandan emphasiz aghunandan onstitutional design and also because doing so is simply logistically onstitutional design and also because o succ eal. esour esponsible f

Dec M par Indonesia. benefit the local people was the secr t under so-r R efficienc all shades and hues that can be br all shades and hues r the po money acc bound expenditur r r Institutional design is k go inefficient. c good beha 1. Central Government: Making norms, standards and procedures, monitoring- evaluation and supervision plus implementing functions with national externalities;

2. Provincial Governments: Implementing functions with provincial externalities within norms, standards and procedures set by the central government; and,

3. District/Municipality Governments: Implementing functions with local externalities within norms, standards and procedures set by the central and provincial governments.

Localization of governance – Experiences from Sri Lanka for power sharing on the basis of devolved subjects. Provincial Councils Acts of 1987 and 1989 further devolved powers to divisional secretaries in 1992.

Elaborating why she has emphasised fiscal transfers, Ms. Pilapitiya said The legal service delivery at local government framework for level in Sri Lanka devolves to the decentralization Divisional Secretariat that is the Ms. Thusitha Pilapitiya in Sri Lanka is central hub at divisional level and links th Policy Advisor the 13 the service delivery chain of central Amendment to UNDP Asia Pacific Regional Center, Bangkok, Thailand and provincial governments. The the state Divisional Secretariats can collect constitution. The taxes on rural roads, markets and alization: Constitution of resenting the Sri Lankan cemeteries while social support entr Sri Lanka ec experiecnes with payments are also made through provides for Pdecentralization and them. The fiscal source of local power sharing localization of governance Ms. governments is the provincial fund for on the basis of Pilapitiya stressed the importance of taxes, fees, charges including turnover alism and D

y devolved working out policies, procedures and taxes, excise duties, motor vehicles, eder subjects.

y F mechanisms for fiscal transfers. stamp duty, other revenue; grants and tionalit or Provincial Sorting out responsibilities was equal loans made by the central

unc Councils Acts of in importance, if not greater than government, recurrent grant, block ticipat o F 1987 and 1989 ar designing structural decentralization grant, capital grant, criteria based

ork t further devolved itself. grant, medium term investment powers to programme grant, matching grant, amew r divisional The legal framework for project based grants from

engthening P th

om F secretaries in

r decentralization in Sri Lanka is the 13 international development partners Str F 1992. Amendment to the state constitution. and sector ministry funding for The Constitution of Sri Lanka provides development sectors.

66 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e al an t ven y ailure or e t critic ess or f or in erenc c ward and al governanc f tween going act or The mos suc f approaching approaching participat phase – how this is dealt with c loc is the transition managemen spell the dif be f impasse or e regression. e tanc d and war or in t hey said or T ds local

e fac war em. ed on the impor o oaches without being al syst een going f ansition management phase oach t 67 ernments will undermine the ess or failur eder v o be enhanc e betw e similar appr e is the tr v enc er ed their appr ernanc v es from Nepal es from al esent e: ear that local go er istan eder t ealization needs t ak istan he most critical succ

T alization can ha

. ak y local go ough the example of Nepal emphasizing that ough the example of Nepal emphasizing am Nepal t Nepal pr es ghanistan . or or was f xperienc or f try of F t entr y and r ession. ect elopmen e thr t e vinc v a - India o egr or session 3 w ticipat emon - P , Minis try Dir al De tant fac en r ary th Sharma ernanc eptabilit t t of Nepal v e ernments as an independent tier of f ernments as an independent tier of

Nath and Mr

v . r go acc t Coun asneem Siddiqui - P y of the pr T Sofia Dahiy am Na an Naseer M

. s and Loc . . Sibghatullah - A t . ernmen

alization and dec oaching par . Y air w this is dealt with can spell the diff Mr Mr Ms Dr al governmen f Assis Mr UNDP Nepal and Purusot Under Secr Af Gov he discussants f eder 1. 2. 3. 4.

Loc M of local go f antagonist. Another impor authorit appr – ho impasse or ev T

Session 4: Fiscal Federalism: How to Operationalize Economy of Autonomy

Session objective:

Exploring policy options for revenue generation, fiscal decentralization and redistribution at three-tiers of governance.

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality t o t ed ed t e is e t up o ts onflict ors and ely t of ts. o se tives, bes eres ors t t ens. ause en titutions t eres tween erature on t andards of t o be made in various ves on the basis of innovat opportunity creat help improve livelihoods and living s citiz the mediation be and promot governanc part of governanc resolve c of in ins ultimat solutions need t lit how t bec managemen There is a huge amoun Besides bureaucratic inc

, e om o e y een W

. y t or e atic o the or this F . e in t of ing em tunit o set up F eas . t of o be ens elihoods w t y doing a eaucr o enhanc ely e is a huge ed on the o tax and

. And that can . e liv onflic alization need alization aphies y and v er t op think e out ar e need of omponents of omponents her er t o ys efficient public e c his is what Budgeting and es at the local ed in ests at w T e on ho t. entr omot y

enc elt good talent ds of citiz er vic ernment syst ou think about it fr o be made par v ors and oppor ernment b o figur esolv ests .T atur y must be close t v . Besides bur at ood bett ed in. er y er w the principle of o r v ernment need t er ed int anspar Root f e and a little bit ther . v e the po e is the mediation betw e and pr y which sa best management best management est no

, tant t . v wth. o help impr v est Dr e in desper o es 71 eady made that mistak t also needs the the abilit es tr e k o be emplo t of int I . e deliv emic point of view W A local go alism and dec alism and

ors t er public ser ests because ultimat ernanc ernanc e alr istan, ountabilit vic el. entiv els of go er v v ation Root maintained c Root maintained v . omot y point is that lets st eat ak arious v onflic onsumer o be underst eder c institutions t amount of lit go v int a syst only be done if y M about local go ha little bit her 2001. should ha spend deliv lev subsidiarit ser c Dr f t social gr inc solutions need t go basis of inno cr and living standar P needs t underprivileged geogr it is impor which ar managerial suppor lev auditing capabilities of bodies at all auditing capabilities of bodies at all hugely in pr acc traliz y en . All the ed b o y in er v w t an o t ersit essor ondon, essor at the of y and Dec akis alization. r of es of America r ed this session P , entr onom ason Univ ed about ho e as a set of ollege in L e Mason & ed Stat oader than c emarks P y is a notion which is d dec g oot or on Root ge M e London

ings C ernanc onom eor y of Aut ing institutions that manage Hilt on R ingdom chair . v r G the Unit ut much br the w

essor Geor

ed K . Nadeem-ul-Haq . Hilt of ormer Deputy Chairman erlock onom Dr F Planning Commission of P Dr Pr Kings Colleg c

E A philosophers talk build go

int D and the K Unit In his opening r Giving budget to local Today for example Gujrat cannot government is superior to the government compete with Lahore because it's all provincial government. We are should be administrative. If you see the New York thinking in pyramidical structures according to a Times, you will see advertisement that while this is a parallel system. Yes, calculated there are some cities in America taht federal government coordinates but formula and are competing with other cities to coordinator is not a ruler. not an attract investment, education. arbitrary Michigan for example is competing for Now what is the parallel system? allocation. education; these days that is the Parallel system is federal, provincial, Coupled with advantage of decentralization it local cooperating together. See the the budget creates competition within the case of New York, take New York State, allocation is country. take New York City, and take the the need for federal government, they each have Accountability. Right now everything happens in their own bureaucracy. Here the Lahore, Islamabad or Karachi and all problem is that the civil service sits at other cities are orphan cities. We have the heart of the system and if you to get rid of this. Important thing to centralize the civil service the DC remember is that we have becomes the provincial secretary then competition in a decentralized becomes the federal secretary. DC's autonomous system. But more ACR's are written by federal importantly, autonomous system establishment secretary so once we works with federal government centralize civil service even we have instruments we still have to create provincial government or local equalization. government they don't have their own instrument they don't have their own The main thing about decentralization people. So we have to decentralize the that we have recognized is that we try civil service and the first order of it to be in the framework for economic business is civil service reform in post- th

alization: growth. We have talked a lot in the 18 Amendment framework. framework of economic growth entr ec unfortunately in this country everyone Giving budget to local government thinks of this country as uniform should be according to a calculated whole. We don't take economic formula and not an arbitrary

alism and D geography into account; we don't take allocation. Coupled with the budget y reality in account. The reality is very allocation is the need for eder

y F simple that this country is an urban Accountability. However, tionalit or country but all the development accountability cannot happen if you unc partners want to retain the myth of are sitting in Islamabad and the official ticipat o F ar rural development. being held accountable is in ork t Balochistan. Local governments need Autonomy is not that the local to be empowered to hold these amew r government is sub-servient to the officials accountable. engthening P om F

r federal government or the federal Str F

72 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality or aya orms ed t orms. amples that urlyandsk x ederation, Ms. alking about ore drivers f ormed the ederal ref T f in the Russian F K highligh e f c the ref y e b ers v , ers non- w , orld ed ating es of enues or e ha

, alization e driv ev tudy of W

eder or ed po ers f ernments esentation ing a v entr es imposed w w the w ers and orms in the ed new ansitional ec ase s t e individual ation has ef D er the f ough learning ansf ed po

w ernment's al r she highlight . ed experienc em and v eder oach of fiscal his is ho ers T ernments and their al mandat ough her pr

ormed the c . eder v ws impar ation, al go es alization. o substitut ansf o empo alization is tr eder al la it will not happen. orms such as shar , ed thr 73 eder eder o sub-national go entr ed tax syst ernmental tr er time is thr vision of public goods ent negotiable elations: A c . ef w an egions and municipalities entr v v o ess t ts ed the appr ers on delegat eder She highlight alism t aliz ec . go ers t oc ing about f egional go al R cumstanc oss r t D w er w the Russian F w f . er pr akis ansf anspar v orm is not somebody mak orm is not somebody entr alk eder or the r She sho ho adopt f units ho po and the f willingness t tr lump sum tr T Russian F examples that f f o c asymmetrical assignment of r acr tr int unfunded f on r impac ess Ref or P oc . ork the pr e and adopt o ed e w

olv o changing cir e

. orm is a pr viv er-Governmen Amendment is not dec Amendment is not t ation. th a Ref y Unless w a explained alization but . y sur a y ough the eder a w does it ev ess entr e she emphasiz ement. oc andsk ept of fiscal Ho olicy . tiv andsk alism ma ep tion al alism thr al P es and adapting t onc urly a urly ed periods of time y st y is not one thing or another y is not one thing ederation with learning f K eder . eder eder e of Russian F s the c f

or Fisc ederalism and In ep b or Gener

er f . onom or limit t

ect al F ing mistak em and it's a pr orical perspec ough statistical analysis and Ms. Galina K Dir Cen Russain F y final point is that the 18 y final point is that orks hr o go st Fisc

Russian F M experienc T hist that fiscal f without political dec only f M or aut speech or announc syst t mak w The NEC stands Implications of 18th Amendment for reconstituted national planning and economic coordination but continues to function as before. Then it is still not a body of the federation but remains a committee of the federal cabinet not answerable to the provinces. Dr. Pervaiz Tahir Dr Nadia Tahir Former Chief Economist, Associate professor UCP Business School, Planning Commission of Pakistan University of Central Punjab, Lahore

he Constitution of Pakistan guided by the Principles of Policy set provides for two principal out in Chapter 2 of Part-II.” platforms to undertake national T th development planning and economic Even before the landmark 18 coordination. One is the Council of Constitutional Amendment in 2010 the Common Interests (CCI). Its mandate Council of Common Interests (CCI) – according to Article 154 (1) is: chaired by the prime minister and with equal federal-provincial representation “The [CCI] shall formulate and regulate – among other things, had an input in policies in relation to matters in Part II how the National Economic Council of the Federal Legislative List and shall (NEC) operates and assists with the exercise supervision and control over transition from centralized planning to alization: related institutions.” federalized planning and takes decisions by majority vote to prevent entr ec The second is the National Economic over-bearance of the federal Council (NEC) whose mandate government. The NEC is charged with according to Article 156(2) is: the responsibility of making plans 'for

alism and D advising' the federal government and y the provinces on development issues eder “The [NEC] shall review the overall y F economic condition of the country and economic matters. tionalit or and shall, for advising the Federal unc Provincial empowerment after 18th ticipat o F Government and the Provincial ar Governments, formulate plans in Amendment ork t respect of financial, commercial, social After the Amendment, the provinces are in a better position to benefit amew and economic policies; and in r formulating such plans it shall, fiscally through constitutional engthening P om F

r expressions including: Str F amongst other factors, ensure balanced development and ¤ regional equity and shall also be Balanced development and regional equity;

74 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

t t; ts ts o th

th o do in er of ert is t o the 8 t-18 C Award, os xpenditure onc o provincial ederal and P Amendmen and in the run- NF what the f provincial governmen up t need t c ensure full transf e responsibilities t governmen in line with the Amendmen

e th d ed v o o tion

.

e ee of ee of enue war or enue ds ha ev arious able t able t ed in ed the e not ommission ev o func onstitut er er etariat of etariat of war olv er of es post-18 er 2014. NFC A ec e C his is because ommitt ommitt v t th T es ar etariat of its etariat of its

higher . tical r en A ansf he NEC stands he NEC stands onstitut es; er tions and major in their v tion as bef , T inanc abinet Division as it abinet Division as abinet Division as it vinc

. o e c ontinues t ontinues ds via v vinc en the secr en the secr o es in national r e in v gement of the Divisible emains a c emains a emains a c v v war o func ha es of the 7 , ersification of the bases of E E t one due af . . So far sev the pr , ed up mandat es es hen it is still not a body of the not a body of hen it is still ed but c he NEC stands r div atars T eatur T 75

. al cabinet not answ al cabinet not answ . v ers – with the last one in 2010 e istan. he National F (NFC) A a ers; vinc vinc e beef ed in planning o o or ak vincial shar vincial shar ation but r ation but ation but r CI is still not being in ermination and tr ontinues t

eder eder o o wbacks ansf ool among pr onstitut alient f olv a C Award and v T det pr of P been made – all under civilian prime minist and the nex P pr S included Enlar tr espit onstitutional de wn. wn. hen it is still not a body of the ec eder eder in r as bef f the f the pr NEC is based in the C NEC is based in the has no independent secr has no independent o D Amendment getting optimal benefits the C planning but c T f the f the pr NEC is based in the C has no independent secr o C dr t NF y e

. t his is ac T es ar er

. e es post- ontr eat

ors of vinc e t ts and

o am than the

o c tions and inanc d gr or

ernal debts t t por ogr , ors; ersible and asha ed t t es; , Lahor via

xt Award er on house , war c w ev the pr , e of sity egular parliamentar ernment's; ernment; ers: Appraisal of las o spend than the o spend than the CI is still not being v v er wat and t , d irr ol of social and ol of social , Beac ed up mandat y o r esour titut ole in the sec es allo tion sec National F t t wbacks th war al r a al go al go olicy ontr tricit or the ne elopment pr or Ins vinc enues t y mat ger r ger public sec e beef ersight; oduc o ommission a v r ost-7 ull c ev eder eder ect tional Univ . Aisha Ghaus P pr elec natur dev f C r f subjec o domestic and ex F Lar Lar P NFC a P Amendment th Dr Dir Public P Na espit onstitutional de ¤ ¤ ¤ ¤ ¤ ¤ Mone ideas f D 18 not getting optimal benefits because the C C major dr horizontal revenue transfers; special and the provincial governments need considerations (fighting terroeism and to continue doing the following at the floor on transfers to Balochistan); very least. provincialization of sales tax on services; and enhancement in straight Provicnial governments transfers. NOT slacken own fiscal efforts; avoid profligacy; shift development focus Under the 7th NFC Award, the pre- from federal to provincial award of Punjab was 53.01% which governments; maximize spending / post-award went marginally down to utilization to improve quality of 51.74% (difference -1.27%). The share service provision; and prioritize for Sindh went fractionally down from spending on pro-poor services. 24.94% to 24.55% (difference -0.39). For Khyber Pakhtunkhwa the share Federal government reduced by a slim margin from 14.88% Enhance tax-to-GDP ratio; sharpen to 14.62% (difference -0.26%). For prioritization of federal Public Sector Balochistan the share went up from Development Plan; and strengthen 7.17% to 9.09% (difference 1.92). functioning of the NFC Secretariat. Despite the percentage adjustments, all provinces got more money in the Post-18th Amendment and in the run- first fiscal year (2010-11) after the up to the 8th NFC Award, what the Award with increase in revenue federal and provincial governments transfer to them to the tune of 27.6% need to do in concert is to ensure full overall. In actual terms this was an transfer of expenditure responsibilities additional net transfer of Rs216 billion to provincial governments in line with – from Rs783 billion to Rs999 billion. the Amendment; beef up efforts to broaden the tax net and impose These increases were in compliance financial discipline in the horizontal with the constitutional provisions. sharing formula; and add clarity to alization: Article 160 (3)(A) says: policy on borrowing by the provinces. entr The way forward is in deepening the ec “The share of the provinces in each process for strengtenining award of National Finance decentralization on fiscal matters and Commission shall not be less than the revenue sharing. alism and D

y share given to the provinces in the eder previous Award.” y F tionalit or

unc To ensure this remains the case in all th ticipat o F future Awards, including the 8 NFC ar

ork t Award, both the federal government amew r engthening P om F r Str F

76 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality ed ts o es tic The ax is ome titution ollect ain t e laws e (GDP) is e (GDP) is ons an. The t es on inc clusive righ venue c akis x o mak ax or land t ax The share of The share in agriculture Gross Domes Produc over 21% in P re from agriculture t around rupees one billion... 1973 c gives provinc e t that pert t from agriculture.

. e e

. e v e e y

e a . at v tur o 12 er e: e ential ome en er om enue y last istan But . e and 12 ently ha ev e ome tax e struc er e inc erms of tax ak e 250 ge farmer y the istan So is ther e has been e apply those ativ ybody abo e tax and

ak enues fr y lar e curr es ar er f w erm. egulat er ev o do that tax r at I ork with per acr . e tax will be v enue b t t e o r y t ev ou get the figur or v or session 4 w esuming other or ev So ther e w e get the tax pot e t ome tax. ell in the last sev e f esumptiv pr e y op in r ys 2100 and v , f w y 2013-14 the tax y 2013-14 the tax ting the same r ir Hussain - P y pr al inc e 1997. eally changed in t tial and tial and om non-agricultur oda ys that someone with 7 t es pa

em? I ollec . unjab 77 es as w ys 761 rupees per acr o 10,000 f en e calculat Mughees Ahmad - P Zak es then w . . es at ather than applying inc ently those tax r ot Dr Dr ential is about 50 billion rupees ential is about 50 vinc e pa ome fr y of c e in P ys 10000 per acr o urr he discussants f ou can sa ears sinc ontinuous dr o 25 acr oughly t at inc r Imposing agricultur t pa and syst pot difficult in the shor using existing administr acr tax the land tax that w wa which sa tax r Dividing the tax r number of acr that w tax r y existing machiner go up t C rupees per acr 50 acr Nothing r r pr y c agricultur T 1. 2. ax P e

. es e ors o e tax t unjab e w oduc vinc r he e at o at T es which

om at ome at ws that es pr ax in Punjab: T ax in Punjab: e of istan. t and e la e is nearly 25% ome fr ential of e inc ak omestic P o see 75% of the ome tax in P om agricultur es ently applicable in ome T ellow tiv he shar o mak T oss D

e inc . elopmen e using tax r omes in other sec o those who earn their ed fr ound rupees one v y t ch F e curr erna es on inc ontributing rupees 760 ax Collection hat's not the tax r e ar T

e agricultur

. . er 21% in P onstitution giv W ollec e in Gr e e v

esear . onom o tax e not taxing agricultur e of De y is c e rights t Sinc

he purpose of this paper is t quantify the pot agricultur e ar titut . Anjum Nasim onomic Alt tain t enue c c es similar inc es which ar clusiv onom Senior R Dr Ins E e using e applicable t om taxing agricultur he 1973 c ontributing rupees one billion only at ev

at T Agricultural Inc Agricultural Modes of T Modes fr r of the ec agricultur (GDP) is o r or land tax is ar billion. of our GDP it is easy t ec billion while the other 25% is c T ex per agricultur So w r agricultur ar ar

Session 5: Political Economy of Inter-Governmental Relations in a Federal Framework: Lessons Learnt and Way Forward

Session objective:

Lessons learnt at global level and policy options for managing Inter-Governmental Relations in Pakistan with special reference to 18th Amendment

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality t o o an or e ts (CCI) an's at t al es f t ablish ergovern- eres t t t akis ase the ollaborative tructures t acilit In men machineries are import spac dialogue and deliberation. These help es c s f learning and sharing. In P c Council of Common In is a good mechanism t play this role. y y al y er

, er

. e In . ation e that ders our eat oles vincial the , eder ep its o civil ess and eder e gr e specified e deliv

pr entioned , alization erst v th een the oc o fully v vincial thermor vic or both tant o oach, esponsibilit y t arious or ed the need est said e ur y in the r entr vincial ell int o possibly F o or y and asymmetr . tiv o ensur

oles f y t ernmental eek-i-Insaaf (PTI). eek-i-Insaaf tunit es betw ec v She distilled f . ens He said the F e the r e that the f . e impor v ts tur ehr er clarit istan. vincial authorities MsLaf , T anada's experienc ernments ha o onom or eff v ak er-go In her appr eat . om the national political om the national y . ely manage ser o ensur oups ar ed f istan om C y e an oppor 81 e specified r tiv or fr ak elations v es its goals ernment and t o pla y gr ong int alism is a dynamic pr ehmood highlight al and pr e the benefits of pr v esponsibilities of v ec equir y P e ar ernment should not o ernment should not ernments manage their affairs ernments manage ernments ha e and the citiz istan's case vincial go vincial aut t onom er the passage of the 18 er the passage of M v v v . al R o o t e r t o f onstitutional Amendment ak esson 1 eder o bring a gr oles t o eff elations t ealiz eder or str pr r societ mediating struc stat ar she said that flexibilit implementation of dec policies and pac lessons fr F can benefit P ther f P 18th Amendment is w t and r of go pr L legislat par Mr f r achiev G boundaries and let pr boundaries and let go A C go t and ha r aut y

. ess oc y Mr al- She said onom ork am er-Governmen ed her ember t ed b eder He is a ogr

M , . anada. f amew esent ernmental t v olicy Studies y of In al fr , Canada es est pr ssembly or ehmood ernment and f sity olution of f er-go v essor and Pr or eder er eek-e-Insa of onom t Mehmood tional Assembly elations in C Laf . ehr

qa alism is a dynamic pr s views on political ec of int al go f e Pr , School of P t or al ec an T ederation – Lessons from Canada t he session was chair Shafqat M National A eder

eder ect . Sha vincial r ough the ev akis o Ms. Rachel La Associa Dir Queen's Univ Mr Member Na P olitic elations in a f P

in a F M r thr pr that f

and f T reduce incentives for military interventions in the political system.

Lesson 2 De-politicize the spaces of dialogue and discussion. This allows for a conducive atmosphere to discuss even contentious issues and helps the parties focus on benefits rather than problems.

Lesson 3 Intergovernmental machineries are important spaces for dialogue and deliberation. These help establish collaborative structures to facilitate learning and sharing. In Pakistan's case the Council of Common Interests (CCI) is a good mechanism to play this role.

Lesson 4 Civil society groups are important mediating structures between the state and the citizens. These are institutional processes that can mediate dialogue/debate for conflict resolution. In Pakistan's case the CCI is a case in point.

Lesson 5 Implementation of the decentralization may require flexibility and asymmetry.

Unity and Diversity – Lessons in federalism from Germany There are both positive and negative lessons to be drawn from the experiences of Germany. There is no single pure model which can be successful because each country has alization: different circumstances and different entr

ec circumstances require different Distribution of approaches and models. Each country powers among needs to find its own solutions. tiers of alism and D

y governments Distribution of powers among tiers of eder Mr. Reinhold Herber must be worked governments must be worked out. y F Senior Advisor tionalit or out. This has to This has to be done encompassing Forum of Federations, Germany unc be done civil law, criminal law, economic law, ticipat o F encompassing

ar labor law and social law.

ork t civil law, r. Herber presented a criminal law, German case study to Things to keep in mind when working amew r economic law, Mexplain his views on out a framework for inter- engthening P labor law and intergovernmental relations in a om F governmental relations is the r Str F social law. federal framework. inevitability of overlaps and interdependences, partnerships (in

82 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality tal e ation e o er- t ts (CCI) is an has ed t ohesion. t ederation. eres t akis ommunic overs in o promot ederal culture, and c c f relations (IGR) t The Council of Common In adopt c Its mandat governmen a mechanism P discuss and decide on issues that impinge on the functionality of the f o al y CI

CI)

y , he th es - er y ed e

T

o

er- , or ener een he C o ome ativ e ev T e-18 G

, r al bank al tax onom ests (C e-run zada, o this is tw P y of the er ir ers int abbani: CI ticipat v one each o the spirit of , eder eder o es - inc

f , , onditions). ed in 1991. es - age onc e ears betw e harmonization eez P e c ohesion. aza R and aut e par eption. es (f administr er ar Ali Bhutt , tionalit orm t e held under v y istan has adopt assignments of er), anc ee y al Ziaul Haq y tax e made in 2010. er or R ed in 1973 but its tax w f the 24 C ak onf ulfik ommon Int er omot af or Benazir Bhutt ender tax O waz Sharif al cultur eat v ener ontal, elations (IGR) t o c e its inc enat ee w e po er Z ely thr ts mandat la o pr er the Amendment in 2010 , fines), t , I omes / sales of stat omes / sales eder thr equal living c er e been another 13; ed 't , ativ , e only stipulat y v inist e horiz w 83 e f t er ommon tasks), inc municipalit , eat ,

ouncil of C CI was cr ation. alism' (Abdul Haf alism' (S c , ez Musharr er e ha e in mer ernment r tical, v onomic efficienc v w omot ofits er CI has met on an a rime M er he C he C ear only sinc ommunication and c ompanies tudy of the CCI o discuss and decide on issues that o discuss and decide on issues that eder eder eder T f impinge on the func t is a mechanism P go pr was cr c f 1973) and 't f 2010). T rules w Modifications w C y Amendment meetings number only 11 while af ther mor 2010 and 2013. meetings P none under G P eight under Na Manda Meetings such as social insur such as social pr c legal po po administr (v tasks (ec simplicit t e ed orm e an y t tion onflic 2013 anc or o c

ugust 14, egimes akis or 5,825 y unif ybrid

ope ation

elev , otal of , y r h ch) ther ys (2.01 er ers), es sc o r jurisdic egulations ation), w een A ederation: Case s ys), tion, P jointly shar , e t or a t ontributions a es), out etak ember 15, o adapt t esear istan's hist ed out c , militar e po y t enc ak local), duc ani f ooper ept or t ork or this dur ees or 487 da er ailed f F f inancial r . , y issues ef tation r ect F ev ys es akis cumstanc e of the r vincial, ys (36.62 da esident-in-militar case parliament) f ws that betw

o be w o y pr e Dir or Civic E w ations f arullah Khan eview of P ys (37.24%), f pr ac anspor r sho 1947 and S e f a al,

tr tr

, onment). . Z ecutiv ticularly in r enues (tax ys (24.13%) and car ys). oss-boundar vir ers e 24,140 da Ex Mr Cen uture of P eder onsultation and c onsultation egimes (pr or 8,839 da esolution (flexibilit esolution ev

F A (the end dat ar democr 8,989 da f r and a sho da administr da c r changing cir changing (f (cr riv en also need t par (taxing / expenditur r Performance: First year 36 issues discussed, second year 13. under Moeen Qureshi and Shaukat Way forward In both years Aziz, eight under Yousaf Raza Gilani For the CCI to fulfill its potential to only two issues and three under Pervaiz Ashraf. cement the federation in terms of raised by Punjab promoting participatory federalism, it province – none Performance audit must do at least the following by other According to the CCI reports minimum: provinces. The presented in parliament, the following rest are only the is a performance audit of CCI: ¤ Aggressively promote a federal issues raised by mindset and culture; federal ¤ Procedural reforms: Rules in ministries. 1991 and 2010, Secretariat in 2010, ¤ Strengthen federalized institutions Annual Reports in 2010-11 and that fall under the ambit of Federal 2011-12) List II;

¤ Institutional development: No ¤ Make provinces proactive to regular meetings – 1st year six become conveners rather than meetings, 2nd year two meetings, passive participants; 3rd year three meetings, 4th year two meetings, etc. Not a single ¤ Promote greater inter-provincial meeting requisitioned by the interaction and coordination; provinces. ¤ Provide facilitation and capacity ¤ Subjects: Expanded mandate building of the executive (political- from 10 to 22 subjects in 2010 civil services) on federalism; and,

¤ Performance: First year 36 issues ¤ Generate more debate on discussed, second year 13. In both participatory federalism in the years only two issues raised by parliament, media and research Punjab province – none by other community. provinces. The rest are only the alization: issues raised by federal ministries. ¤ The Council of Common Interests entr On average six decisions per (CCI) is a mechanism Pakistan has ec meeting. adopted to discuss and decide on issues that impinge on the ¤ Issues discussed: Economy, functionality of the federation. Its alism and D natural resources, petroleum mandate covers inter-government y exploration, public debt relations (IGR) to promote federal eder culture, communication and

y F management, privatization, tionalit or energy, investment, special cohesion. The CCI was created 'to conform to the spirit of federalism' unc economic zones, disaster relief ticipat o F and reconstruction, population (Abdul Hafeez Pirzada, 1973) and ar census and water, etc. 'to promote participatory ork t federalism' (Senator Raza Rabbani: 2010). amew r engthening P om F r Str F

84 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o t e ed in ed, it is an is t orm of orms of ts...So if ognition. ognition. ails denial ails denial ase of al value, t thic tigmatiz tyles are over clearly fix misrec Balochis these f The c misrec also a f looked and s e s It en of righ cultural lif

. y y y

. t .

. er

es aph , wn e v t c genc e the epor ops y line ts in the or t ees with e them an esent anting t er ent r v esour ant ed that the ec educ ories ar al r elopment t of gr

e of insur eptions ar . wadar P

y in their o w po . c e ed distric a s a r e errit ts –such as A ould r Baloch nationalist . , gy pipeline and Balochistan t es in tribal settings o be not emely poor and lack tion of the Baloch ojec tr wn, t in Balochis heir per y and Dev esistanc T and in the case of and in the case of

, . it is t e ex y y list with 45.68% of the y rich in natur t o change shor o maintaining the pr tion of the G eas onstitutional guar thless minorit ear ongoing mega aphic balanc er 85 er e ar orridors—w t t ognition is the denial of ognition is the denial v or tunit e has sho t Baloch tribal t e stage of the stat e ar it has an highly thin demogr it has an highly thin ec , elopment pr vinc tain c o w o isr ea is v ansnational ener ade c onstruc er entr espec oppor M ar Balochistan, Also pr Most Baloch dominat basic civic facilities of Social Polic Centr the po population living belo On the other hand leaders f dev c tr tr int nativ difficult t c r demogr A significant por population still liv In fac c and militant r ts Movemen

, e y y aadi

, oups er G . erpla onomic alues ar o these alue Mr f a ” “int sity y and I tity and Righ . ognition is er hese rights ec T ed

ed in a v . er looked and ed int orm of v y of social status e o ogniz am Univ y and rights inequalit , his misr he case of ec e T T

ognition. So if ethical v . tween Iden Individuals and gr y . yles ar yle and ethical v ec o equalit esentation and ec aq Gaadi it is also a f , t

esentation on the e st e st ed or stigmatiz epr ed . , Quaid-e-Az een identit ement in Balochistan e t lif ognition. ognition. tunities v al lif

. Mush ec ec espond t ematic wa erplay Be aculty n his pr betw mo er look orm of injustic t Mr F Islamabad v orr orms of misr t entails denial of rights

In I held Balochistan is an issue of misr a f violenc I c political r oppor can both be misr distinc o syst cultur stigmatiz f misr Balochistan is clearly fix Provincial government in Transition Management in Khyber Pakhtunkhwa: KP has amended Challenges & Opportunities various laws as Some 19 laws have also been newly a sequence to enacted in the province as a result of th the 18 the 18th constitutional amendment. constitutional amendment. The 18th constitutional amendment Some 19 laws helped Khyber Pakhtunkhwa to have also been increase its share in Zakat receipts newly enacted in from 13.49% to 13.82% and is a key the province as a achievement harvesting the fruits of th result of the 18 the 18th constitutional amendment. constitutional Another action or achievement of the Mr. Moalam Jaan amendment. Pakhtunkhwa government is Deputy Secretary, Inter Provincial reorganization of rules of business Coordination Department, which is now under active Government of Khyber Pakhtunkhwa consideration of the government.

r. Jaan highlighted pending The provincial government of Khyber issues, challenges, and Pakhtunkhwa has some pending achievements while issues also. Despite clear constitutional M th discussing the status of 18 and legal provisions, the provincial constitutional amendment in the government could not make any province of Khyber Pakhtunkhwa. headway on many accounts. There has Consequent to the 18th Constitutional been strong resistance at federal level Amendment, the provincial even in sharing basic information with government of Khyber Pakhtunkhwa the provincial government. Despite has some achievements to share and it consistent efforts by the KP provincial has taken some important actions. For government, the Pakistan Tourism alization: instane, assigning functions of Development Corporation (PTDC) and entr devolved ministries/division to all its properties still remain with the ec provincial departments. federal government arbitrarily.

In the pursuance of 18th constitutional Another issue that has been pending alism and D

y amendment and devolution, the is the transfer of study centres. Yet eder provincial government assigned other pending issue include: y F tionalit or functions of devolved 17 ¤ Pakistan dairy development unc division/ministries to respective ticipat o F company provincial departments. Similarly, a ar

ork t high power oversight committee to ¤ Employee's old age beneficent oversee implementation and institution and worker welfare amew r arrangements was also notified. fund, engthening P

om F Provincial government in PK has r Str F amended various laws as a sequence ¤ health program in PSDP to the 18th constitutional amendment.

86 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

, x

a

es wn t e al

vinc o ating t

o tanc es; ts

eeds of s wn e their o eder e oc vincial tax e the ticle 172(3)); ernment. o at g v onflic elopment of t tion; include: n tur

e es

l e of the pr vincial tax es; erm impor l es (Ar al go o wnership of ation and its ollec c

a tiv een the f istan h es; ernment's ak c eder v eder als and oil and natur ough their o esolving c y on crude oil and gas; P ting;

esour . y of pr ould gener his will nur onomic dev n alt in es

T . i or r yment of net pr osts of c

y . al go a he joint o a anc o ompetition; oachment on pr es c es T miner gas r P r 87 tur y es ani provinc c t erlapping tax m tion v ea een the f

eder ax expor ax c ¤ ¤ encr bases vinc Buo High c T O Multiple tax T F ential f vinc enues thr e w this has long-t y f o o akis om the perspec t-18th Amendmen h e ollec r onstituents ev esour elationship betw or socio-ec r pr units and the f T r r No f pr pot betw F c c ¤ the 18th Amendment helps in: ¤ ¤ ¤ ¤ K ¤ ¤ y P y pos ed

t . t that venue b onom e of e re y Mr ormer ar t e esha Ghaus er depic y ak A wn f . e of the 18th , Lahor no ernmen ovincial asha was wn sourc ys in which the ch paper b sity e minist ed Ms er asha ell-k er-Pr edefined the natur t an

on house t z P esear

tion, Gov eez A P ee he w esent f ary In T t

dina he r Haf pr he significanc Amendment lies in the fac it has r e al financ

. Muhammad Ali K tional Univ . Ha Mr Secr Dr Dean, Beac Na Coor of Balochis asha.

eder T

Managing transition of aut T Expansion of o Expansion P f some of the wa The biggest concern for Balochistan ¤ Raising of loans (Article 167); of land and desert. None of this is remains its high helped by a low quantum of ¤ levels of poverty Local government powers representation from Balochistan in the (Article 140-A); and deprivation. federal entities. This is only ¤ Sales tax on services (Entry 49); Some solutions made worse by and, At a minimum, the following inadequate ¤ Arrears of GDS for Balochistan solutions need attention from development federal authorities to help the infrastructure. payable over the next 5 years (Article 161). provinces manage the transition to There are not greater autonomy: many avenues Challenges despite 18th Amendment for revenue These include continued heavy ¤ Comprehensive policy and generation in reliance of provinces on federal operational framework for this province th technical and specialized support resources. The 18 Amendment has to provinces that has unique left service delivery aspect unresolved. demographic Neither are the type/magnitude of ¤ The federal government should and geographic resources required for implementation develop a framework for tax base challenges to have been determined. Low tax-to- harmonization sort out in its GDP ratio remains a chronic issue. The ¤ Development and strengthening governance National Finance Commission (NFC) is affairs of key institutions supporting the an effective instrument of fiscal federation through fiscal equalization but separate and/or decentralization and coordination alternative measures are needed for fiscal efficiency. ¤ Further strengthening of the role of Council of Common Interests Concerns for Balochistan (CCI) to resolve post-devolution The biggest concern for Balochistan transition issues remains its high levels of poverty and ¤ Provinces should promote alization: deprivation. This is only made worse investment and trade by curtailing entr by inadequate development barriers to mobility of goods and ec infrastructure. There are not many factors of production avenues for revenue generation in this province that has unique ¤ Provinces should conduct alism and D strategic review of their finances

y demographic and geographic and operations to meet eder challenges to sort out in its challenges in service delivery y F tionalit

or governance affairs. There is no

unc 'provincial revenue authority' to take ¤ Provinces should introduce urgent th ticipat o F charge of its autonomy after the 18 civil service reforms ar

ork t Amendment. The province has a very ¤ low generation and absorption Strengthen inter-provincial coordination amew

r capacity of electricity due to a small

engthening P population scattered over vast regions om F r Str F

88 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y or t or t y's t age in es the ederal tr t th an's his work f ed. t ed and oun titutional titutional titut titution was t was the ond in 1973 volution. The y providing a akis ons ons ounding and the ederalism in The 18 Cons Amendmen c serious s third mos defining and adopting f P b frame de firs 1940-47 phase of the c f sec when a f c draft adopt

. y

o al .

; d y e the ase ams

hwa; ing in or eder ontier

ondar r tric ;

has ogr , es ee es; y onom hwa, y mak chphr htunk esponse t alism, or

y the o the thir , o ensur ern F ds of vinc

. vinc ak du- o-elec

o om sec e o ts t est tical pr htunk dr eder ernment f ernment and oming ention of F y cise aut v W

er es of the ed ministries c ak v vinc es; er y-building of the yber P er th o er oss pr olv v h anc tions fr tur ent titles b olution is met; esponses t e ethnic cat ernment; o ex v yber P er or eac tion challenges tion of h evisiting emplo h ey r unjab and Ur es t e as K vincial go olution of f ta ts made mandat o e struc al go al of dev ederalism ederalism

ong r ernment in v , 89 eloping an 'Implementation vinc vinc e challenges of vic v t as in K ojec o o is in P ers/Mohajirs in Sindh), ontinued int o ommission' of sor r ev or onstruc alism a c inancial and political r inancial and political erious capacit ducation – o eder C the pr c pr P and specific griev Baluchistan pr C spirit of dev under diff f pr disparities on standar education acr ser G Renaming Nor F D Reviv S E Health –r

aik er he c eder ¤ ¤ One of the k phase of ev specific the 18th Amendment been str ethnic minorities demanding establishment of new pr (Hazar S speak f T implementation post-18th Amendment include: ¤ ¤ ¤ ¤ ¤ ¤ Implemen Impac e

ations from f ations from al c

y's esour

xpect d phase

ouncil sity of

alism in es the es; CI); ent List; he first was onsent of er d; ountr T

viding a UMS) eder vinc ent thir war o ommission o est (C

e Univ ond in 1973

oncurr . onstitut er e C eamlined in 2010; Amendment; es; y pr ers of the C olution. th ed c w es –prior c onstitution was y b d str o the pr onstitutional or NFC A inanc or aiz al c t Sciences (L esour C or dev

war th ed po ellow Lahor al of the C ts) t es of the curr v d most serious stage in ommon Int gy r eder emen olution of 17 ministries (40 er disput alism include: ork f

at Amendment c he 18 thir ev assing the 18 or C eatur ed and adopt subjec f (NFC) a principle f ener t P Remo D Enhanc National F Revisiting the population-r Sharing and distribution of natur W istan's hist eder eaching F af Ms. Asma F T Manag amew ak

ounding and the sec T Challenges of managing e of managing Challenges defining and adopting f P fr the 1940-47 phase of the c when a f f dr Key f of f ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤

Panel Discussions

¤ Panel-1: Understanding 18th Constitutional Amendment and Education Governance ¤ Panel-2: Understanding 18th constitutional Amendment and the Right to Information ¤ Panel-3: Implementing Article 172: Joint Ownership of Natural Resources ¤ Panel-4: Understanding Article 10-A: Right to Fair Trial

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality t and y his is or the T

.

, e ic y of y of ellor of DFID socio- ondar V

cher emale e amme alik, ersit ersit aria ic ticularly f han, e f o sec olment and elopment V

ogr esear e Chanc ging and critical Univ Univ par ic , , , ound 7.3 million ed Alqama mendmen V y y

a Abdullah, ar Mohammad S . . ellor ellor el, els of enr ansition t er and r ahir ersit Dr Dr at . . waja, T

ed Ahmed M tunities . Nasser Ali K onomic dev . v of of ork ha unjab r r y lev ducation pr ts: 93 w lev P Nizammudin, Chanc Gujr Dr Chanc Haripur P K Bahauddin Zak Univ Ms ec w Ja E P ed with serious challenges in lo els of tr ¤ ¤ ¤ ¤ ¤ t speaks of emer ont I . anelis w lev P onfr essed onstitutional A onstitutional e y education, es and lo ently at the primar istan is c at an ak t o be addr nanc arty akis e out of school and 58% out of those ar er poor qualit , op-out r v o ed that curr en ar er eople's P or, Higher az Ahsan high dr , an P ect t az es ern that needs t

tion G ar Ahmad at t e Speak akis t is estimat e Dir I onc , P er Ait 2009) childr tion Commission P t , al poor and girls

or a t O ynot he panel discussed that P education that include huge disparities in oppor rur anel-1 e duca . Mukh ecutiv duc K Discussion Chair Understanding 18th C Understanding P E Dr Ex Sena Barris E

ompletion r T c education. (UNESC a serious c Pakistan needs urgent and social imbalance, calls for urgent, radical and revolutionary revolutionary changes with respect to future steps with respect to future financing and investment in education in the context financing and of macroeconomic constraints. The country needs to investment in make hard choices between focused and obligatory education. The coverage of all its children as part of their country also fundamental right. needs to make hard choices between focused The 18th Amendment has removed the concurrent and obligatory list from the Constitution and made education a coverage of all primarily provincial subject. The Article 25-A has its children as been included in the section of the fundamental part of their rights of the Constitution and states: fundamental right. The “The State shall provide free and compulsory federal and education to all children of the age of five to sixteen provincial years in such manner as may be determined by law.” governments need to The devolution of education raises several questions undertake and concerns. Amongst them most important are: practical steps curriculum development, and comparability with for effective national and international standards in local, national implementation as well as a global context. There was a serious need of Article 25-A of to discuss whether provinces were well prepared to the constitution provide free and universal education to all children through aged 6 to 16 years. allocating alization: required Panelists for the Discussion were expected to address entr resources. the following questions specific to their provinces ec and the federation on Article-25A:

¤ What are the possible legislative, administrative, fiscal and policy impediments alism and D

y to the implementation of article 25-A on eder education governance? y F tionalit or ¤ What is the Provincial response to this unc amendment in terms of their preparedness ticipat o F

ar to fully achieve universal education for

ork t children aged between 5 to 16 years? amew

r ¤ What steps are being taken, if any, by provincial governments to enhance access, engthening P om F r Str F enrolment and quality of Higher Education?

94 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e C) at t ar t orts f . ation of ecutive t ed ation in an. He urged or Higher or Higher t ation . Dr Mukh orts should f akis duc ollective ef ocus on the or improving s article 25-A emphasiz c f implemen Prof ef f P Ahmad, Ex Direct E Commission (HE of educ

e ed he ess op- y y T tiv

or a age of d ont or the e ogr istan. w er ic v ak ollec lo V eps with eps with o ondar o onfr eoples' e har high dr or pr , or Higher of Dr y allocations t r y c e the y st ed c onstitution a Abdullah es v

ec . orms especially o sec or o at ticularly f e ef es istan P o mak ahir e out of school c estment in T ently at primar tiv

istan is c . tium and v ak e Dir par He was of the view , . e of education f ec ak

y education, ention has been paid o impr olutionar en ar at (UOG) P e the main obstacles or P w budgetar esour

ansition t tanc ev istan. o onsor ts t ecutiv the chair of the session , or eff emale L ernments need t ak or tivist Ms tunities ed r ompletion r e of education in P enat ocus on the v em needs r y C Ex , e f istan. S less att e P ed that curr 95 y and implementation of y also needs t eps f ticle 25-A. ak els of tr t of their fundamental right. t of their fundamental ersit y of Gujar equir poor qualit , y lik

y of eff . ocused and obligat istan, gent and r gent and ving stat ountr ersit ak w lev e financing and in tical st vincial go o ed the impor or in P ts should f o t een f its qualit ac ountr er-Univ Amendment. vision of funds ar or htar Ahmad he c olment and c ommission (HEC) emphasiz t is estimat th In P en as par o . T essing his views

I e pr o futur or impr ound 7.3 million childr omotion of education is essential f es and lo t t er Aitazaz Ahsan, ellor Univ tak ged eff es betw al and pr ar ts f at Dr Muk y highlight . eloping c istan needs ur istan needs t ough allocating r els of enr el, al poor and girls er the 18 or hile expr of t r ak ar ducation C o education, espec eder P r education. choic all its childr f under thr implementation of Clause 25-A of the c implementation of W Barrist P dev that pr t of societies education policies Chairman Int Chanc Mohammad Nizamuddin said P rur lev with serious challenges in education that include with serious challenges in education huge disparities in oppor out r education. lev and 58% out of those ar Eminent human rights ac said our educational syst af standing in the wa and non-pr education sec P E eff He ur implementation of ar During the session, it was also shared that the 18th Prof Dr Nasser Ali Khan, Vice Chancellor University of Amendment has Haripur said the right to education is a basic right of removed the every citizen. Pakistan cannot make headways unless concurrent list we declare education an emergency and take from the practical steps to improve state of education at the Constitution and grassroots level. has made education Professor Dr Khawaja Alqama, Vice Chancellor primarily a Bahauddin Zakaria University Multan said, quality of provincial education is itself a question which needs to be subject. The addressed properly. Professor Syed Shabbir Hussain implications of Shah, Director University of Gujrat said that there is article 25-A will no uniformity in education system and every class have to be has its own education system. DFID Education worked out by Advisor Mr. Javed Ahmed Malik gave a presentation each province. on educational reforms in Punjab. Article 25-A has

been included in th During the session, it was also shared that the 18 the section of Amendment has removed the concurrent list from the fundamental the Constitution and has made education primarily a rights of the provincial subject. The implications of article 25-A Constitution as will have to be worked out by each province. Article part of the 18th 25-A has been included in the section of the Constitutional fundamental rights of the Constitution as part of the Amendment th 18 Constitutional Amendment under which:

“The State shall provide free and compulsory alization: education to all children of the age of five to sixteen entr

ec years in such manner as may be determined by law.”

Participants took the position that the devolution of

alism and D education has raised several serious questions and

y concerns. Amongst these the most important are eder

y F curriculum development and compatibility with tionalit or national and international standards. It was felt there unc is a serious need to question whether provinces are ticipat o F ar well prepared with infrastructure in place to achieve ork t free and universal education for all children aged 6 to 16 years. amew r engthening P om F r Str F

96 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e

, e

,

t and or y and , y or er y istan t e enc ecutiv enat ak ar or ent ome the t esponsiv S , or at Ex c or ouncil ec e during the Chairman y f er es C ecutiv v ani, edia & anspar ch f Dir ound P vic Ex , ess C o o ged as a disabler public polic r eople's P ear e M er Islamabad ent and r y of Gujr ernanc S Societ y t , , mendmen v a Durr author and edit ch, , or or t or the tr t t ersit istan P istan P hatullah Babar ec ec ernativ anspar azhar Arif ommon Gr aza Rumi, ak ak e is still hope that the ar ts: F P P Shafqat Abbasi, R exper Shabir Shah, Islamabad Student S Univ Ammar Dir C M Dir Alt Resear er of go t olutionar 97 her ac T

¤ ¤ ¤ ¤ ¤ ¤ . y anelis ormation is a fundamental right. P ormation has emer ountr ent char o inf o inf onstitutional A onstitutional tion e and its institutions tr w in the c orma the journey will be ev f , az tion er w or In onstitution sets the benchmark f ev ma w e the stat y declaring right t erms of la er f t a er or Ho y b . air y that had been the inher erns al Minis ec o Inf tional Assembly e Speak onc aman K ws' will mak ent legislations on the right t eder . t t

ountabilit urr an Muslim League-Na ticle 19-A of the C ear t vi Memon r acc C ynot ens' c igh e of secr e

anel-2 akis ormer F K Discussion Chair R Understanding 18th C Understanding P P Qamar Z F Member Na Mar o citiz

ather than enabler in t A r 'sunshine la t cultur last 65 y There is still hope that the 'sunshine The panel discussion on the theme of laws' will make “Operationalization of Article 19-A” (Right to the state and its Information) was addressed by the mandate institutions bearers, duty bearers, academia, and civil society. transparent and Prominent personalities included Senator responsive to Farhatullah Babar, Marvi Memon, Qamar Zaman citizens' concerns. Kaira, Raza Rumi, Mazhar Arif, Ammara Durrani, However, the Zafarullah Khan, Shafqat Abbasi, Matyullah Jan, and journey will be Shabbir Shah. evolutionary to overcome the Senator Farhatullah Babar, who is heading the sub- culture of secrecy committee of Senate on Information and that had been the Broadcasting said, the right to information is the inherent character right of every citizen and lauded the multi-party of governance consensus on the draft federal law. “The proposed during the last 65 law will override the secrecy laws, there won't be year. holy cows under the umbrella of exemptions and classification of information as secret will be democratized”, he explained the three main features of the proposed law which include minimum exemptions and maximum disclosure.

Member of National Assembly Marvi Memon said the government was committed to implementing the Right to Information laws to ensure citizen's empowerment. While former Minister for Information Qamar Zaman Kaira spoke about the efforts of the previous government in drafting the necessary legislations and stressed on the alization: importance of its implementation. entr ec Civil Society Activists and media professionals noted an urgent need for the realization of this right for citizens. It was observed that both the alism and D

y federal and provincial governments need to take eder

y F steps to implement the Right to Information laws. tionalit or They urged to reform Balochistan and Sindh laws

unc related to RTI. The speakers emphasized the need ticipat o F

ar to improve record keeping practices in the

ork t government and allocate adequate resources. The consensus was to have independent Information amew r commissions at the federal and provincial level as engthening P om F

r appellate bodies. Str F

98 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality ers er o ests w as att

er po M , . al G essed in es al es at c dvisor t National c y of A tional ties ormer ee Baloch, ocus has been esour F y inistr er Balochistan ommon Int esour o be addr az, al r M , al r y ar inist Balochistan , etar y oleum and Natur wnership of wnership of t the main f Abdul Ha Ishaq Baloch, Gul F , . . . etr ar ecr ouncil of C wnership of Natur ormer Chairman, ts: e the last six decades f Dr P Dr Chief M Dr S P es needed t t O 99 y issue causing fric ¤ ¤ ¤ enario vinc o anelis Joint O P wnership of natur Join o , y the pr ernments sinc tioning of the C v an t ticle 172: erns of distribution of natur akis , P ticle 172: orically been a thorn r az oper func es vincial go arty w o c ential patt alties on oil and gas y er er o eople's P enue distribution b ting A el had hist esour al and pr ev an P In the post-18th Amendment sc t erment and pr tional Assembly ationalization of the Ar eder es:- Diff al R

w c akis e Speak yment of r es and r al Aziz , P vincial lev tur an Muslim League-Na or o

t t ynot anel-3 he Oper Resour pr e y tax onstitution. een the f aj Haider akis K Implemen Discussion Chair P Na P Sena Member Na Daniyy T

o lev T betw such as pa t the C on the empo Advisor to the Chief Minister (CCI). The idea behind its Questions to be addressed: Balochistan Dr. empowerment is to create a Ishaque Baloch permanent forum for resolving the Panelists for the third Parallel Panel said that the 18th question of ownership of natural Discussion are expected to address Amendment is resources. The forum will be headed the following questions specific to reconciliation by the Prime Minister while earlier, their provinces and the federation between the according to Article 153, membership concerning Article 172 on Joint federating units or chairmanship of the Prime Minister Ownership of Natural Resources: and the was not mandatory. The CCI shall meet federation and once in a quarter and shall have a ¤ What is the current status of added that permanent secretariat. operationalization of Article 172 Federal with respect to both federal and Government Article 172 of the Constitution has provincial governments? should take the been amended to allow the provinces provinces in 50 per cent of the ownership of ¤ How do the federal and provincial confidence while mineral, oil, and natural gas within the governments interpret Article issuing licenses province or the territorial waters 172? What are the different points for exploring oil without prejudice to existing of contention on joint sharing of and gas... commitments as well as exclusive natural resources? rights to other natural resources within the territorial waters. The latter, ¤ What is the provincial response among other things, means that fish and possible differential stock in territorial waters also belongs interpretations, grey areas and to the provinces. Accordingly, clause points of contention regarding (2) of the Article 172 has been Article 172 on joint sharing of amended and a new clause (3) has natural resources by the provinces been added. These now read as and the federation? follows: ¤ What is the provincial position on alization: “(2) All lands, minerals and other existing resource sharing of entr things of value within the continental natural resources? ec shelf or underlying the ocean beyond the territorial waters of Pakistan shall ¤ What are the constraints and vest in the Federal Government. (3) issues confronted by different tiers alism and D Subject to the existing commitments of government in operationalizing y eder and obligations, mineral oil and Article 172? And how can they be y F

tionalit natural gas within the Province or the resolved? or territorial waters adjacent thereto shall unc ticipat o F vest jointly and equally in that Member National Assembly, Daniyal ar Province and the Federal Aziz chaired this session. Participants ork t Government.” discussed the "Joint Ownership of amew

r Natural Resources" under article 172

engthening P of the Constitution in the light of 18th om F r Str F

100 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e y

es . e ent al as ets c es wn vinc al G ountr o ed as t es wher vinc al y in all y ent o y with a ather than e wnership wnership ome and r ernment as while , er v edit . vinc er than being o as eder etar ent pr y the o y without due ed . er es and mark elopment oil and natur ecr eak ation r c al G al G ols wns a 75% shar ev orm polic al, o joint o y be cr ealed f ding the genuine es on diff esent polic esently being eder e locat eder es in the OGDCL o the pr wa ompan ounts should be wn because the ontr ev esour as D ests of the P ed (OGDCL)—is essed that the c ormer S ed in diff individual inc er , f ts ar ers t eguar w a unif ouncil should star om the others who o om the others who es and the National He r e acc ep az, aighta o the F y Limit He str e fr ojec ar . ollo ansf ous in a f 101 vinc ts ts and added that 12.50 per ts locat o ed t ation. eal meaning t eal meaning gy of the r ating units will be mor r t tr anc essing his views said that the oleum and Natur atizing the c ernment –that o our units will be w e r ec v Gul F . onomic C ojec ojec ofits on its shar ojec osper edit s a first st ompan wnership of miner etr c eder ocus on saf eder giv of the assets it c of the assets He claimed that the right of 50 % He claimed that the o gas has been set aside b gas has been set F go in the Oil and G C priv clear pr almost 50% stak should f the P E examining the pr f rights and int A expenditur pr maintained of all Oil and Natur of all amounts pr cr pr pr should str dir these pr Dr P expr f pr being on their o syner of f

.

. y y oots y as aj ating T o ouncil

y can istan assr e and om polic or egional e t , els and

, erpla ak r y the He also

alism and . erning

vinc obust th Elabor lev enc es fr . , th v or as the only enat o es t ound o e that the er ation was the y (OGDA) in v e Oil and G eder onomic C y with defining c f , at ends visaged the vinc onf als f y e sec o each the gr ommission that eder he said ac at e the 18 ernational ernational . ous and r esentativ uthorit with equal ent tr or o obser , uthorit he en els e wth, eading scholars er ould r epr the F , orld including P o L . y r e ed in the c ation on the G vinc lanning C e in the pr tions that this authorit o essed this was the only wa alization at national, senior academicians , ors of institutional int ors of institutional enc tant National E wner of miner al P ticle 172, een democr eder essing the session S er d of the A y pr ers esentation of that pr elopment A entr wher ticipat oss the w y er ev ddr onstitutional amendment in a amendment onstitutional onf oar lanning was being done b hey str eder epr C session of the Int session of C mak politicians and parliamentarians and politicians and parliamentarians civil societ acr par highlight diff indicat betw dec and global lev Most said a rigor implementation of the 18 amendment was the need of the hour T the change c A Haider said bef amendment sole o an made it point t impor (NEC) had been made dormant. P F pampers the priv engine of gr on Ar setting up of a separ D ev r the F B the func a federation. He said that Pakistan is an oil and gas deficit country, it imports 29% of its primary energy from the foreign world and since independence it is promoting its geology to attract investment. 12.5% value of the sold gas becomes royalty and Rs 10 per cubic million feet is the CED, under the Article 172 these revenues cannot be regarded as federal revenue and it should be given to the provinces where the oil field is located.

Advisor to the Chief Minister Balochistan Dr. Ishaque Baloch said that the 18th Amendment is reconciliation between the federating units and the federation and added that Federal Government should take the provinces in confidence while issuing licenses for exploring oil and gas, as the provinces are 50% shareholders with the federation under the Article 172.Raising his concern over the composition of the Council of Common Interests Dr.Ishaque suggested that it should be revised and the provinces should be given more representation as presently four members of the council represent the federal government.

Former Senator and leader of the National Party Balochistan Dr. Abdul Hayee Baloch said that paving the path to federalism and the implementation of 18th Amendment cannot be workable unless the rights of alization: the federating units are respected. entr ec Concluding the discussion Mr. Daniyal Aziz held there has been transgression even after the Constitutional changes especially the 18th Amendment. He noted that alism and D

y federal ministries with new names have been recreated eder to deny provincial jurisdiction. He said non- y F th tionalit or implementation of other elements of the 18

unc amendment has not been able to transmit federal ticipat o F

ar powers and authorities down to the public level, in fact

ork t these have stalled at the provincial level due to lack of Local Government and the right amounts being placed amew r in the finance awards. engthening P om F r Str F

102 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality w y y a w ial e a e r w will o an visions e T o han Home ember tak the , e t e la Sinc Chief e y of M , Rule of La , e pr air ssistant or arious other enc ar e a plethor at A ef ersit er ar y that w istan. ouncil y criminal as tly and/or T o under o F eat ef assool, o a fair trial/due UNDP , her ak dvisor o truly ec an han, T

e r . essit KP t t Univ , , M iaz Ahmad K . al aim of the 18th y dir htar Ali Shah, es e elabor aluating v der t e of P and edly cr e R ed legislation will no amme igh etar al or substantiv entr olv essor ev vinc istan Bar C orm, v o a fair trial' entails in an o ed Ak ogr of alak elat in or ttaullah K r r , ak ecr y echnical A R ts: T Sharmeela R P A P M P S edur et w r ernments it is essential t omes a nec , Y 103 Justic Ahmad Nazir S

e lens; v . oc e esent f ¤ ¤ ¤ ¤ ¤ v y was a c y the pr ativ nor does it mak , anelis ticle will undoubt it bec , P e ed b ts of pr onom tly the 'right t rial, c or T vincial go ar ompar or ef o in their pr etation of what the right t w , ticle 10-A: air es in the jurisprudenc r y of criminal la her T o F erpr

esha an t onstitution does not in guably vincial aut ough a c cussions it will ha o ention of this Ar ight t akis And what par v e ar e R er on the pr a

eper tice of P

ast majorit onsequenc o the C em. eat ontr ws ar y it. a v , f Jus amended and enf , tions Áeshing out the right ed b ed

ticle 10-A, t t r of legal c enhancing pr tions and their int tly in c ec eme Court of P ec ematic analysis of what exac tice Mian Shakirullah Jan en legal syst anel-4 ernational instrument. ell as civil la he addition int Understanding A Understanding Discussion Chair P Former Chie

High Court & Judg Supr A Amendment be enac onus will be gr w indir understand the r syst giv be aff T or subsec int examine this right thr jurisdic Jus “The right to a fair trial is one of the basic fundamental process mean. This is particularly important rights of every considering that the provincial and federal citizen of governments are battling terrorism and have Pakistan. It is introduced (or are in the process of introducing recognized by all sweeping changes) to laws. The Fair Trial Act, countries of the 2013 is just one example of this. Many laws in world. The right Pakistan are arguably directly and/or indirectly to fair trial was in contravention of well-established principles inserted as a of the right to a fair trial. Special enactments like fundamental right the Anti-Terrorism Act 1997, The Offences in in the form of Respect of Banks (Special Courts) Ordinance Article 10 A 1984, National Accountability Ordinance 1999, through the 18th Competition Act 2010 and others, have to be re- Amendment Act, assessed on the touch stone of the right to fair 2010 in the trial. Even the law of evidence and the generic Constitution. procedural law, the Criminal Procedure Code However, there is 1898 and Civil Procedure Code 1908 require a a long list of re-examination. judgments wherein the right As for international conventions, with Pakistan had already been having recently ratified the International recognized by our Covenant on Civil and Political Rights (the superior courts”. “ICCPR”), it will be useful to discover what the minimum requirements under ICCPR are in order for Pakistan to be able to fulfill its obligations, and also to serve as a useful reference point. Regard will be had to the ECHR alization: Article 6, and Article 14 of the ICCPR, in making

entr an assessment. ec

“The right to a fair trial is one of the basic fundamental rights of every citizen of alism and D Pakistan. It is recognized by all countries of the y

eder world. The right to fair trial was inserted as a y F fundamental right in the form of Article 10 A tionalit or through the 18th Amendment Act, 2010 in the unc ticipat o F Constitution. However, there is a long list of ar judgments wherein the right had already ork t been recognized by our superior courts”. amew r These were the views echoed by the speakers at engthening P om F r Str F

104 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

, w

y in , rial”

, ess w T ticle e iaz y

, e of y hey air e R T High

, etar e acc head La t , ed the o F ormer Justic tanc .

ecr . our istan. istan and also eciat y Mr e and stabilit ight t able f ak ak o ensur eas Justic “R om Judiciar o implementation ed in detail the eme C ed b Home S ssociations at om the field of la e on es fr wher

or peac , . He appr ed Nations able Judge Islamabad . t Honour Supr y amme on 25th and 26th amme on 25th and enc t Bar A

our hwa was the chief guest at er ogr 105 emon e of legal aid t e was chair ouncil, 2013 at Islamabad onf , esentativ Honour onstitution of P er y the Unit osecution and members of Civil htar Ali Shah, eme C htunk y c r enc irullah Jan, ganizations t was the chief guest in the epr tanc han, . P ak , o fair trial as enshrined in the Ar er e al session. ticipants of the discussion included ticipants of the discussion ticipants deliber ed b ember our o-da y Or ed Ak onf e and human rights in P e and human rights ts and Distric ept of the seminar and impor egion. y elopment pr ept istan Bar C S yber P . ganiz ian Shak ev our h ak he par he par he c onc aculties o justic the tw or D of S T eminent personalities fr eminent personalities included r justic P C F Societ of right t T challenges and solutions t 10-A of the C the impor T t M Judge Supr inaugur Mr Ahmad K High C K the closing c c legal aid and fair trial f the r

Closing Session: International Conference on Participatory Federalism and Decentralization: From Framework to Functionality

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality , ths e o t t. w years e , erms of xt mon erenc ermine the ermine the ve as a xt f t y; and will y as a tial of this onf tr tr eed in the e in t ess of this ting poverty en ermine the c t velopmen arting poin oun oun t and ne What will happen What will in the ne will de pot c de suc c nation and the progress that it will be able t mak figh reducing inequality progress and future de UNDP hopes that this c will ser baseline as our s about where and how we should proc future. e

e ,

,

or y t w w e er ,UNDP y v alism er bef wledge e a e w ond er had it ontinue ork on y as a no eder ec o c e and ho S e k e is so special . ws and its e has been ermine the ountr e la enc ests e will w ther I think nev omot er , . er w , e want t alization sinc ys d onf alism but nev o pr ernanc hir ors that can mak tantly entr v t erms of fighting po y wa UNDP hopes that this .T eas w eder ec ess of this c onstitutional Amendment. ears will det 109 ansition management b orks e in t ommon Int ontinue t our ar ew y e impor local go , t f ting point about wher es elopment. y I think this c amew o mak ess of tr o political ac wledge on such a scale on f ound in man e will c tur alism and D oc no ouncil of C e dev e at least f ermine the succ eder ing gr

e struc e ar ing and t But I think mor eak ds about wh alism. alization and some on f or ting the C oducing k

. ork on F t months and nex And finally w ernanc . e y mak istan. an v y e is br t ess and futur entr eder ak and will det ew w ; es during the pr y akis istan. enc oda ou that ther ogr orm pr o the w ess that it will be able t er o polic ak y a f e as a baseline as our star vinc pr e on f , v ell y o y ogr onf ountr ed t ed t istan t o sa t ork on dec , UNDP P e in the implementation of the 18th C e in the implementation of the 18th anche ak ontinue suppor or ed t eady t alization in P eed in the futur t the pr

é Fr

ect e will ser e had a platf w this c ommitt oc onnec e in P and debat v entr e will c enc ch,

enc ing on. try Dir e ha w er c-Andr , e a bit of w eloping their policies and institutional fr ential of this c er just want and ho w ongly believ engthening the local go hat will happen in the nex ork irst onf educing inequalit esear

Mar Coun I and dec quit been so c diff UNDP is c str W pot nation and the pr r c should pr And I can alr w F will suppor dev str implementation in P r What else can you do beyond the 18th amendment? It's just a beginning and is a dynamic process that requires more work for its effective implementation. There has been Pr of. Dr. Mohammad Nizamuddin a trust deficit Vice Chancellor, University of Gujrat between the federal and the provincial governments he International Conference has seen a unique that the 18th combination of academicians, politicians, members of Amendment Tnational assembly, civil society, students and above all attempted to very distinguished participants, and international speakers. address. What else can you do beyond the 18th amendment? It's just a beginning and is a dynamic process that requires more work for its effective implementation. There has been a trust deficit between the federal and the provincial governments that the 18th Amendment attempted to address.

The session on local government and development outcomes recommended that without politically elected

alization: local government representatives, public service delivery

entr cannot be effectively delivered. The strengthening of Council ec of Common Interests has been discussed as a critical aspect for resolution of issues and conflicts between provinces and federal government. The discussions in the parallel sessions

alism and D on operationalization of fundamental rights including Right y to Education, Right to Fair Trial, Right to Information and eder

y F Joint & equal ownership of natural resources generated tionalit or recommendations for the way forward. unc ticipat o F ar ork t amew r engthening P om F r Str F

110 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 111 e e ged enc es tiv er and o er the er

w ec vinc th chakzai ed that its onf o He ur ork t alism and onstitutional e pr e C Amendment. han A e-affirm their o empo ts of 18 th th eder or an eff tiv amew arty r o r ai es and bring them y F ec t ernment. , v ts in initiating a ticipants of the or er ernational c ould giv ami P om F or He emphasiz chakzai described it as especially the newly- r ement t , F al go

inist ahmood K y int tical aspec due shar t ties his w o the eff ticipat M istan. T , ” Mr. A

er ac ar y eder v ak a Milli Aw essing par “P ee-da ed the eff w rime M esiden

alization: ddr thr on e on pr essed on the need f

ed P tionalit eciat tunkh t entr ec unc ommitment t

akh A D F appr He str Amendment. debat Amendment. spirit. implementation must be true in lett implementation of the 18 a landmark achiev people of P their long-o at par with f all political par elec c implementation of the 18 Mahmood Khan Achakz MNA & Pr P

Glimpses from the Conference

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

y y y ork ork ork y y y e on e on e on or or or alization: alization: al session al session e of alization: amew amew tionalit tionalit amew tionalit r r enc enc r enc ing at the alism and alism and alism and ernational ernational er er essing the iaz Hussain er essing the aj Haider entr entr unc unc entr unc T ticipat ticipat ticipat Nicholas R . . ernational zada . om F om F om F ec ec ec onf onf ar ar onf r r eder eder ir ar r eder o F o F o F C D C P F F of Int Mr Mr D t of Int P F F Rosellini speak inaugur t addr inaugur Mr P audienc addr Int C P D F F t 115 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 116 t F D F P C of Int inaugur views atthe expr Mr P session on addr and Innovations Governanc Capacity Mr Loc P Global Dec F P S Chairing thefirst R S o F eder r ar onf articipat ec ederalism and om F erspectives and articipat ession: enat abbani . . P P ticipat unc entr al Link en essing his ietr er aul Mollo essing the ernational alism and or R enc traliz r tionalit amew al session alization: o M , R

or or ages or e on aza e: esourc ation: y y Loc erlo y ork y y al

es Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y e al al er- t azl- t al Fisc t

orward olitic y? P y of In

y of on Root ay F work: er of the da aulana F onom Shafqat M . . Hilt esiding the onom . ahmood onom elations in a c rame ederal c ederalism, How o Operationaliz Mr M pr session: E Governmen R F F Lessons Learn and W Mr Dr Chairing the session on: ur-Rehman sharing his views as speak F t E Aut 117 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 118 C go paper onlocal paper onC dec chairing sessionon pr pr Mr Mr Dr ommon Int esenting her esenting his . Rober . . v ZafarullahK Ber entr ernanc end deGr alization ta R e ouncil of er yan ests han oot Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o

m s e i l ing n a a ork t r o v alism y e y a r e d k e on e v esenting s or i e a f t h d alization: c n amew eder oncluding c – Andr i istan n n g esha Ghaus r l enc e a a y n a alism and i ar p i v ak tionalit er s r l s G entr A s r

r . a . ticipat M r ernational . e u u asha pr h anche speak om F ec onf Dr her paper on fiscal f D P in P K s p R ar r r eder unc Mr F at the c session of Int C P F D F F 119 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 120 F F F P the c D C Int session of Dr T c r K discussion on addr F M Mr mement Cons Unders Mr Inf the Righ Amendmen ar unc eder r ec ar onf onf r ec han A om F anche . ar NadeemOmar ernational ormation . . ar speak ticipat M R eiving entr c- Andr er er tionalit oncluding titutional essing panel aza Rumi alism and ahmood enc enc r t chakzai amew alization: anding 18 t o fr or e on e o e t and y ing at y om ork t

th o

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o t f

: k

o r . n e d o o n n i h n t l o t oup w o y i a a d a t n e e t s ry i i e z l a s n i a o c l d a m m t e o r a m i n s g d a s n a i r t o enc r l e t n u o s p a r i m F g i a i s n o with Mr r er t e k a n c n m f i e e i r ticipants c e a ying ethnic h f m a s c n e n rt e d z ehmood o o t o e i o o onf anelists gr r a r e u l p n NCA students pla songs at dinner in the honour of c par P P phot Shafqat M M N s c I C P F D F F 121 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 122 students Unit mur P O S K p a D F F D F C P Int during the dr NCA students d h a h a r p unc eder r ar onf . r ec a d rt

u om F a p H l ernational i h r al b r y indiv y ticipat a wing mur o e i s entr , l m

t h er s L s tionalit h o i alism and s e e t e o i y NCA n enc i r a n e o n amew s alization: d d g R n t t e e or o H A a ersit e on a r d o o h t y o d y t b u m t al f i h n y ork t s t y - a e n e h S d e e y

r e o d Annexures

Annex I: Conference Chairs, Speakers, Panelists and Discussants

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality , o sity s tific e tly or er ed t or an and O). . t ornia, tion ol an. t tional t ession a t the t ect tion, tr w and a eaching SC try/ a s 1996 tr of arty akis e a tr nanc akis t, politician, t ear a om Univ or La emen er an. He is also a oc t tion. Elect v tional, Scien tly a Sena o indus a ed a Bachelor er f tion (ISE w by pr a sity of Calif otics Con t s of educ o en c an in 1994, he az Ahsan is a akis eople's P t er t, linking ch t ts activis duc duc ear t-La as Deputy Dir eceiv een the y tional and el: including t anisa aisalabad, P v g , Nar akis an P . He has subsequen t tw er-a al Minis esear A t t na e, F t and manag ademic adminis tion G s of Science fr er 25 y erior om Univ akis al Or elopmen t e of P er v t eder t 127 tional le Barris haudhry Aitz and a senior adv er in Business Adminis ch, ac o this he w al, Islamic E tional r t tion Commission of P , human righ side, US a tually succeeded as the leader of a eme Court of P duca er . Dr Ahmed r elopmen tice, In er erna v en of t om the P v xperience a duc E esear ormer F C E Prior t Supr writ Gener f and Cultur Pr Jus and Mas of Agricultur a Mas (1988-1990) and E the Sena the House and the leader of the Opposition be and PhD fr e and 1999. He is curr fr Riv accrued ov e de in r policy de educ tly an en t e ticle 25-A: r akis arty C P ecutiv er eople's P or, HE az Ahsan ar Ahmed is curr an P t ect

t az

or of the Higher ar Ahmad t e Speak akis ving as the Ex ect e Dir , P er Ait

. Mukh t r ser Dir or t ynot anel 1: e . Mukh ecutiv K Discussion Chair P A Understanding Dr Ex

Barris Sena D commercialisation, introducing entrepreneurial approaches to education and a diverse range of educational development programs. Prof. Dr. Ahmed has worked with numerous educational and other institutions in different capacities at national and international levels as Lecturer, Associate Professor, Professor, Chairman, Head of Departments, Dean, Consultant, Coordinator, Project Director, Director Student Affairs, Director Campus, Rector, Acting Executive Director HEC, Member (Operations and Planning) HEC, and most recently Deputy Director General.

Panelists:

Prof. Dr. Mohammad Nizammudin Vice Chancellor, University of Gujrat alization:

entr rof. Dr. Mohammad Nizamuddin became Vice-Chancellor of the University of ec Gujrat in 2006. Prior to his current role he served as HEC foreign faculty Pprofessor in Punjab University's Department of Sociology. Prof. Dr Nizamuddin has an accomplished academic and administrative record. He alism and D completed his PhD at University of Michigan, Ann Arbor, received his Masters from y eder the University of Chicago, and his BA Honors and Masters in Social Work at the y F

tionalit University of Karachi. Immediately after completing his PhD he taught as Assistant or

unc Professor at the University of North Carolina, Chapel Hill. Prof. Dr. Nizamud-din later ticipat o F joined the United Nations, enjoying a distinguished career. He served the United ar

ork t Nations for 24 years where he held several senior positions in Jordan, Egypt, and Ethiopia and as Director for the Asia and Pacific region and as Director for Technical amew

r Policy and Development at the UN Headquarters, New York. He has been awarded

engthening P with “Sitar-e-Imtiaz” by the Government of Pakistan in 2013 om F r Str F

128 Dr. Nasser Ali Khan Vice Chancellor University of Haripur

rof Dr Nasser Ali Khan is Vice-Chancellor of the University of Haripur, a role he Pundertook in February 2013. Previously he was the Pakistan Education Commission's Member, Operation and Planning.Prof. Dr Nasser Ali Khan holds his Masters degree from Vrije Universiteit, Brussels, Belgium and received his PhD (Economics) from University of Peshawar. His professional career includes Assistant Professorship at Department of Economics University of Peshawar from 1995- Str

2003, Assistant Director/Economic Research, engthening P Agricultural Development Bank of Pakistan from 1986-87 and Staff Economist, Centre for Applied Economic Studies, University of Peshawar from

1984-86. He is a member of many National ar ticipat Committees including the prestigious Panel of

Economists, Planning Commission, Government or y F of Pakistan. He has been appointed as F r eder Chairman, Committee for Development of om F alism and D r

Social Sciences and Humanities in Pakistan by amew Higher Education Commission, Islamabad. ork t ec o F entr unc alization: tionalit y

129 Ms. Tahira Abdullah Socio-economic development worker and researcher

s. Tahira Abdullah, is a socio-economic development worker and researcher, working in the fields of poverty, rural development, gender Missues, education, health, environment, and local self-governance, amongst others. She is a peace and human rights activist, and also a humanitarian volunteer, having worked in disaster and emergency response since the age of 12. In the recent past, she was actively involved in the vanguard of the national movement for the restoration of an independent judiciary, media, civil rights and democracy (2007-09).

Punjab and works closely with the Office of the Chief Minister and alization: Government departments to bring entr system wide improvements in the ec Education sector. Besides running a sector budget support programme with the World Bank, Javed is part of alism and D

y the team to deliver Chief Minister's eder Javed Ahmed Malik Education Road Map which brought y F

tionalit major programmatic gains in the or DFID Education

unc programme, Punjab Education in Punjab in past two years. ticipat o F He is graduate of Heller School for ar

ork t Social Policy and Management, aved Ahmed Malik is leading Brandeis University, USA and was a amew

r DFID's largest £350M Education fellow of Social Enterprise

engthening P programme in the world in Development Centre, LUMS. om F r J Str F

130 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality 's af tant istan PML- or ,

. eas in she rime e ak om er f y's ublic ently a er 2008 eign affairs t y) fr or and or es P inist a is the t Lahor , f , thern ar In 2003, ormer P He has done e ing civilian ez Musharr . vic ec air

y om the P v echnology and al M t er T er ziz. enc waz. ank ar unjab ormed af hilosoph ernment of PPP er-S eder emon is curr v al P at A edia Dir ts (P She has held impor . vi M ember of the National ener ssembly fr ormation eoples P ar M A He is a senior leader of . eague-Na y of the P ormer F onstitutional onstitutional amar Zaman K f Inf 131 onomics under f y staff tion er Shauk ational M oalition go ers of Ar ersit ed in the Int ed as highest r tions istan P v v inist ast ANP and JUI-F f ma ashmir affairs and Nor ak Q M K Relations (ISPR) as the militar Oper Muslim L ser the c official in G ser N, elec militar P assignments in def and ec M M Univ or 18th C o Inf t t az igh , w ticle 19-A: r er t a air t and R er: al Minis tional Assembly tion

aman K eder e Speak orma an Muslim League-Na f t vi Memon akis ormer F or In ynot Member Na P mendmen f Qamar Z F Mar anel 2: e K Understanding A Understanding Discussion Chair: P A Panellists:

arhatullah Babar is a Pakistani technocrat and civil engineer currently serving as a FSenator from the Pakistan People's Party. He is also a Member of Senate Committee on Information and Broadcasting. He has also served as the Press spokesperson of the former President Asif Ali Zardari. Senator Babar is also an inÁuential engineering figure and previously served as the President of Pakistan Engineering Farhatullah Babar Council for a decade. Senator, Pakistan People's Party

Shafqat Abbasi alization: Chairman Pakistan entr Press Council ec

alism and D r. Raja Shafqat Abbasi was appointed as Chairman Pakistan Press

y Council in 2011 by former President Asif Ali Zardari. Mr. Abbasi has also eder

y F served as a Judge of the Lahore High Court. He is an advocate of tionalit or M Supreme Court of Pakistan with extensive experience in constitutional, civil, unc administrative and criminal law. He has been the youngest elected Member of ticipat o F ar the Pakistan Bar Council, Member of Punjab Bar Council, Chairman Executive ork t Committee Punjab Bar Council and has over 20 years of legal, parliamentary and public service experience. amew r engthening P om F r Str F

132 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality o

. ,

y . V

, he olumns T T w ernment “

or the v , ation and ” o es c ell- ello or legal G ed f apital ed Nations istan –a civil Arif has ly magazine ch F . ribune ork ing f public polic T , ak dministr He also hosts a or . Mr eek e and writ ork ” w on C y f ess ork of Schools and ork P e and also an adviser t istan. ublic A He has w Times “Expr . ak e y enior Resear P elopment Bank, on politics , . oalition w c and cultur aza edits w , ev 133 es of P rida y R istan and the Unit et y c acific Netw . , ” ernanc ent affairs sho ak v or of the Societ he F t o sia P sian D aza is a S T or the daily “ rights with Insaf Netw societ f News securit curr R A Institut Jinnah Institut G A of P ec arious newspapers and is a w o v e Dir ch in Islamabad or t ed ecutiv or ontribut ch,

edia & Resear ty f he is affliat , esear tivist. e M author and an , t egular c , Islamabad , Socie ently or or xpert, urr azhar Arif is the Ex ect

ernativ C . y exper

M . e Media & R or r Alt been a r e Dir tiv

aza (Ahmad) Rumi is a public polic edit

a Rumi wn civil rights ac erna ecutiv author and edit Public policy e Raz Mazhar Arif Ex Alt Islamabad

no M

k R activist. He taught at Zimindara College Gujrat, Gordon College Rawalpindi and several other institutions. He has been teaching History and Pakistan Studies for over three decades. He also held several academic administrative positions. He has served as District Officer (DO) colleges, Deputy Registrar, University Shabir Shah of Gujrat, Director planning and Director Student Services development, University of Gujrat, Center, University of Gujrat Chairman, Center for History, International Relations and Pakistan Studies( CHIPS). Currently he is serving rof Shabir Hussain Shah is a as Director, University Advancement distinguished academician, and Financial Aid Office and Director, Psocial philosopher and political Students Services Center.

General Manager Public Outreach & Corporate Communications at PTCL. She has also worked as Project Director & Communications Specialist with the Federal Ministry of Information & Broadcasting, alization: Government of Pakistan. Ms. Durrani entr

ec holds an M. Phil. in International Relations from the University of Ammara Durrani Cambridge, U.K. 1999); and Masters alism and D Executive Director, Search for (1998) and Honors (1997) degrees in y Common Ground Pakistan General History from the University of eder

y F Karachi, Pakistan. She Was awarded tionalit or Charles Wallace Pakistan Trust & Sir unc mmara Durrani is currently the Patrick Sheehy Cambridge Scholarship ticipat o F ar Executive Director of Search for (1998), And a Gold Medal For her ork t ACommon Ground Pakistan. Masters From the University Of Karachi Previously, she has served as the (1998). amew r engthening P om F r Str F

134 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality ts

, e eau e ee

, al ojec har er y T ed enat He has

eps of w iner

er o y on tion Bur ommitt istani sanitation v echnological eague (N) He has been istan. ts in the . T ootst ed M ost ed with the ak anchar Lak ak at ommunit eas Hea , M ojec t t and a number of er and P Hub Dam, , ed as the chairman al national pr onstruc egr t tional C e who ent ees on Industries v at or C er ojec W ojec or pr

ziz is a P r r t He is a B education, unc omplex, aduat rust f wing in the f al A eloped Ar T tion, istan Muslim L ommitt ssembly of P Scientific and ently a member of the ently a member of

ev onmental pollution. . ak aindak Int y gr wnership of wnership of ollo aniy politician affiliat P erment. 135 vir eviously ser ch and F eposits P oduc ed with sev He is also chairman of the w r ersit t O ess D ed as the member of the S olution elopment P v olv echanical C v ev ev oal D ducation, and P D ser Standing C E also pr and is curr National A Resear of the National Rec D (NRB). on L Empo in Univ such as S his father politics f D M Lal Shahbaz Airpor C other social sec and en fields of health, Join eople's an He has t az ticle 172: o the ounding akis , r w es istan P ed t c t ak eople's P esour an P t aj Haider is a f istan in July 1995. tional Assembly

T akis ak He was elec . or al R y , P t al Aziz an Muslim League-Na or

ar t t tur enat member of the P P e of P anel 3: akis aj Haider Member Na P P A Understanding Na Sena Daniyy T

enat S S Dr. Abdul Hayee Baloch Former Chairman of National Party of Balochistan

r. Abdul Hayee Baloch is a former Chairman of National Party of Balochistan. He was elected as a Member of the National Assembly in 1970 Dwhen he was still a student. He has also served as the Central President of the Balochistan National Movement (BNM-H). He was elected as member of the Senate in March 1994 for a six year term. He has been a member of the Senate Standing Committees on Finance and Economic Affairs, Communications and Railways and Functional Committee on Less Developed Areas. alization: entr ec

alism and D Dr. Ishaque Baloch y

eder Advisor to Chief

y F Minister Balochistan tionalit or unc ticipat o F ar r. Muhammad Ishaque Baloch is a medical doctor by profession. He has ork t been active in politics since his student days. Currently, he is the Vice President of the National Party, Balochistan besides being Advisor to amew r D Chief Minister Balochistan. He has widely written and spoken on issues related to engthening P om F

r democracy, federalism, nationalism, peace and extremism, and question of Str F nationalities in Pakistan.

136 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality t In w our 1993. istan in dditional eme C yber La ak h e of the war High ed A ed as at t of P om Islamia esha ember 13, our ec om the K ed fr e of P ee fr ial t inD eme C ed Chief Justic r aduat T 137 our He was appoint etir w degr air o F ar y in 1972. w irullah Jan gr ed as Chief Justic t t war High C t and a senior Judge of the Supr ersit esha an igh esha t irullah Jan is a r our o the bench of Supr

NWFP in July 1993 and was elev He obtained La ian Shak . akis R ed t e al, M tice of P at war war Univ ian Shak

ener f Jus istan. war High C

esha esha e M e G ak P P , , esha 2000 he was appoint t and elev eme Court of P ustic P of P 2004 ocat , ticle 10-A: tice Mian Shakirullah Jan r anel - 4: dv dditional Judge of P ollege ollege our Former Chie High Court & Judg Supr J A Discussion Chair: P C C A A April, C July Jus Panellists:

Sharmeela Rassool Chief Technical Advisor, Rule of Law Programme, UNDP

harmeela Rassool , BSc( Science ) , Attorney at law and LLM (University of Colombo) is the incumbent Chief Technical Specialist of the Rule of law SProgram in UNDP Pakistan. She has been an Advocate of the Supreme Court of Sri Lanka and was heading the Human Rights Bureau, Legal Aid Commission. She has also been the Chief Editor for the Sri Lanka Bar Association. alization: entr ec

Attaullah Khan alism and D

y Assistant Professor, eder University of Malakand y F tionalit or

unc r. Attaullah Khan did his LLB from the University of Peshawar and has ticipat o F

ar completed his LLM and Graduate Diploma in Law from University of ork t MSussex ,UK. He has worked as a practicing lawyer in Islamabad, Peshawar and Malakand Region. He has worked with police department in capacity of amew r Coordinator Musalihat Committee (ADR Committee) in Ditrict level. Currently, he engthening P om F

r is teaching at the University of Malakand as an Assistant Professor. Str F

138 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

.

al he al or waz. zada ener ed y ond unjab ir ener om the P ed his e in 1969. , zada was zada was vincial e b unjab ir ed as a o t r ed as om ssembly f A P ocat ontingent of y 2013 G o the UN Lahor eague-Na , a walpur y 2013 G azal-ur-Rehman ee fr a een 2004-2007, ess t olio of P iaz Hussain P erm of 1985-1988 tf ollege ffairs in the sec

ed as MP Betw . v iaz Hussain P iaz Hussain ssembly of UN on the o aulana F ian R w C M or the t M al A He was appoint eign A ian R born in Baha He has been elec He has been He is politically affiliat

139 . y La istan Muslim L or ond time in M han. ak er in 1988. ed his LL.B degr ener ersit ed scholar of Islam hails fr ession, tions e he was leading a c ssembly again in M eiv arliamentarian he has shar of inist ember of the National A ember of the National ssembly f ssembly on multiple occasions and ec ee on F including his addr M M the sec Elec with P An agriculturist and adv An agriculturist and pr r Univ He has also ser A and held the por M om MMA). er Benazir Bhutt a Ismail K er ashmir in 1994. ell as the G orms; a dedicat inist ommitt y C as w , o National A hel in D ahman, rime M ed t ights t ada alestine and K cising his duties as a P tion ernational platf ember of the National A er azal-ur-R arliamentar dina ehman eader of the Opposition sinc al int or

or Human R er hile ex er f t Ulema-e-Islam (F) t W aulana F village of Abdul K has been elec

ed as a M . azlur R ee f t e issues of P

tiv ovincial Coor ed as the L tions , Jamia ernment of the then P al Minis v v ommitt ollec

er-Pr M was elec Elec views at sev c c Chairman of the P go ser opposition parliamentarians (mainly fr t eder Maulana F Ameer F In Mian Riaz Hussain Pirz Mian Riaz Hussain ember National Assembly of Pakistan & President, MPakhtunkhwa Milli Awami Party Mahmood Khan Achakzai is a political leader from Quetta, Balochistan. Mahmood Khan Achakzai is president of Pakhtunkhwa Milli Awami Party, an ethnic nationalist party of Pakistan. Mahmood Achakzai has been elected member of National Assembly (MNA) several times from his Mahmood Khan Achakzai home constutiency Qilla Abdullah and President Pakhtunkhwa Milli also from Quetta, Balochistan. Awami Party Mahmood Khan Achakzai is presently once again the Member of National Assembly from Quetta.

icholas Rosellini is currently serving as the Deputy NAssistant Administrator & Deputy Regional Director, Regional Bureau for Asia and the Pacific, UNDP. Mr. Rosellini joined UNDP in 1986 as Programme Officer in Ghana. Since alization: then, he has held a variety of positions, entr

ec including UN Resident Coordinator, Thimphu, Bhutan; Chief of the Directorate, Bureau of Management Nicholas Rosellini

alism and D (2000-2005); Deputy Resident Deputy Regional Director Regional y Representative, Viet Nam (1996-2000); eder Bureau for Asia and the Pacific, UNDP

y F Assistant Resident Representative, tionalit or Pakistan (1992-1996); and Programme unc Advisor, Ethiopia (1989-1992). ticipat o F ar ork t amew r engthening P om F r Str F

140 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y

. etar e er- and , a , ecr ” o e y ee on vinc y S

o oups ed the r or Int y in eer t 141 abbani also y gr er f R eput . ommitt unit onstitutional w & Justic onstitutional Mr . arlimentar abbani is a leading inist y C e alization: olution under the alism : or R or La al M ages enat e f entr er and c y

. enat eder y and has author eder y t ec w S t ed his political car ar arliamentar ar ess of dev a la or the people of the P oc y (PCNS) and the D istani f er of Stat ocal Link alism. ed as F v ak ghaz-e-Haqooq-e-Balochistan age f inist A eder eople's P ecurit “ abbani, eople's P s chairman of the Implementation s chairman of the Implementation M ed the 18th and 19th C y of P w the pr A alism and D alism and . es and L aza R a Rabbani He has dedicat aph istan P ersa istan P t of the tiv v orms eder ak ak af dination, ian R abbani is the Chairman of the P o-author abbani has ser y F c R , he o R . . oor or

or M erspec Mr Mr , ee on National S ding the rights of iIndividuals and minorit ding the rights of iIndividuals and or Mian Raz y'. t ed the dr

al of the P enat scholar Amendments as Chairman P ently ticipat vincial C ersit ough the principle of F eguar o Sena (Chair) ener ar urr onstituional Ref ommission, ommitt r eader of the House and Opposition in S S Session 1: Session C C 18th Aamendment. saf thr member of the P book titled 'A biogr div P P L Global P author financial and political pack C C G of Federal Affairs, one of his main responsibilities was strengthening the federal system of government and managing conflicts within the nation. He has held senior positions at the Regional State level as well as zonal and local levels, and served the Government of Ethiopia from the lowest structure (Wereda) up to key positions at federal government level for more than 15 years. Maeregu Maeregu Habtemariam Kazentet studied agriculture at a diploma level (Paper Presenter) and has a BA in Economics (Hons) from India and MA in International Development Planning and r. Maeregu Habtemariam Management from Germany. He is Kazentet is a Former State currently serving as the Forum of MMinister of the Ministry of Federations Program Director for Federal Affairs, Ethiopia. As a Minister Ethiopia.

where she rose to the rank of Professor. At Carleton, she also served as Director of the School of Canadian Societies, Chair of the Inter-Faculty Committee on Women's Studies, president and negotiator for the faculty union, and Associate Vice- alization: President (Academic). Among her entr many achievements, she was named a ec Fellow of the Royal Society of Canada in 2003, and Carleton University Dr. Jill Vickers awarded her a Chancellor's alism and D (Paper Presenter) y Professorship the same year. After her eder retirement in 2007, she was named y F tionalit or Distinguished Professor of Political

unc r. Vickers received her Science and Emeritus Professor at ticipat o F education from Carleton Carleton. ar ork t DUniversity, The State University Of New York (Buffalo), and the London amew r School of Economics. She joined the

engthening P faculty of Carleton University in 1971, om F r Str F

142 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

y

. e; UK. , ael ed as

es A tment achi in y of ersit istan, ely on orks o books: ar es on etir ak er in ab-Isr epar han has istan: tiv ersit a and Nepal; he did his ensiv ed w istan Studies tur ticles in t ak ernational y of K or of the o books Ahmed has t ambridge . ak ds Ar Univ iddle East and ,

ec onstitution. Dr erspec e unjab Univ ersit , en ex M , ous ar war P , y of C in 1993, Sri Lank o , e T entr y as a lec er alism in P y issues in the Indian y issues in the Indian y e in 1971 and r e in 1971 es and P y and C ersit ashid Ahmad K Lat He is author of tw ersit . or olic eas of specialization ar eas of specialization eder Ahmed did his M.A and R . . ee books and has egional and int ffairs (1993). ed a number of papers on ed a number of papers ed numer sia. ely 143 r ersian Gulf om the Univ Dr Dr om authoring tw Hist , t (1995) and P P tiv ch journals and edit essor and Chairman D essor and al A Bangladesh, His ar . t fr ent A ernment and politics of P ernment and politics ed thr olitical Scienc hil fr of istan Study C istan's P achi. r v ean, Ahmed has writt . ethodology and Dir c o om the Univ entr urr onstitutional Study onflic ar hD in social and political Scienc unjab Univ olitical Scienc olitical Scienc olitics ak ak ontribut ontribut espec egional securit esear M P P P a P K of P M.P in 2001. P c r national, issue P fr G Dr India, P r O Apar C including F P C edit C c C r hD istan) unjab

, ak om P ch han did his olitics ers and P e) fr ast M He joined the . e er) t essor of P ar Ahmed y and Resear of ff r

or ed Jaffar Ahmed (P ts (Hons), esen ashid Ahmad K y Lahor , olitical Scienc

.A. y S R . . ed Ja r r is a P B Hist (P

y ersit

. Rashid Ahmad Khan . S aper Pr Dr Dr (P D

Discussan D Univ Assistant Professor and Course Coordinator in the Department of Government and Public Policy, Faculty of Contemporary Studies, National Defense University. Before this he has been remained Dean at Faculty of Humanities, University of Wah, WahCantt, Pakistan. Dr Ansari holds a PhD in Pakistan Studies from Quaid-I- Azam University Islamabad (1998). He Dr. Sarfraz Ansari is a seasoned writer with excellent research background and experience. r. Ansari currently teaches at He has published many research the National Defense articles in prestigious national and DUniversity Islamabad. He is international journals.

Session - 2 Local Governance and Development Outcomes: Frameworks of Institutional Interplay alization: entr ec

Greg Ellis alism and D

y (Chair) eder y F tionalit or

unc reg Ellis is the Co-Chair with the Government of Khyber Pakhtunkhwa of ticipat o F ar the Advisory Committee for the World Bank-managed Pakistan MDTF for ork t GBalochistan, KPK and FATA. He has worked as the Aid Programming

amew Specialist providing advice and assistance on program design, aid delivery r approaches and types of aid, as well as broader issues relating to strategic engthening P om F r programming and capacity. He has also served as Senior Operations Officer in the Str F unit Fragile and Conflict Affected Countries at World Bank.

144 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e e y

. e om at c ills omes Dr y or . the c or t , t e sk e

, e er hil in oc

v . es er of ge-scale ask f He is also tion, onomics T et out

, c Lahor d winning y ormer head of ent ec ch and polic ernanc or po v ot ounding and a D war thquak , elationship ersit ed his MP go UMS), , esear ambridge y eiv ounding members aining f or Ear istan (CERP). es (L ec e in r Cheema holds a BA olitics and E . y of C ork includes lar ak onom P , elopment em f Dr y , He r . 145 onomics and a f ersit ev e athematics and Statistics fr yst e and labour mark c ent w olumbia Univ ch in P d member at the C unjab and the r C ec ocational tr He was a member of the Initiativ holm Challenge A tment (2004-2007) at Lahor e experienc Lahor , hilosoph et. His r ock essor of E olitics of D er) ent boar ensiv ams in P t ormation S om the Univ t anagement Scienc of hodes Scholar AK). ollege r ee in P eas of political ec and a BA in M ogr , e P alization and was one of the f A R esen d onomics of crime and social pr onomic Resear aluations of v c y of M Ali Cheema is one of the f or . and curr E r y Dialogue (IPD), entr xf Relief Inf t ev onomics depar istan. tion pr een criminal incidenc ec onomics fr ersit ssociat . Ali Cheema ernment C aper Pr olic ak c istan (RISEP tal, v onomics and P Dr ork in the ar o om O (P ak c educ D an A the ec Univ Cheema has ex w applied ec and the labour mark of P on D members of the St por P impac r betw in P (Honors) degr fr G E in E Amjad Bhatti (Paper Presenter)

r. Amjad Bhatti has joined Strengthening Participatory Federalism and Decentralization Project of UNDP, as National MTechnical Advisor. He holds a Masters Degree in Philosophy from Government University Lahore. Before joining UNDP, he was working as Research & Policy Advisor with Federal Ministry of information and Broadcasting. Prior to that, he worked as Executive Director with School of Political and Strategic Communication (SPSC). His other professional assignments include, Research & Policy Advisor- Federal Ministry of information and Broadcasting, Founder and Policy Advisor- Rural Development Policy Institute, Coordinator with Journalists Resource Centre, Magazine Editor-Daily Ausaf and as Assistant Director (Social Mobilization) with Prime Minister Literacy Commission. based in alization: Islamabad. Mr. Bhatti has authrored, co-authorred and edited a numbers entr of publications and reports. Some of his recent publications include: ec Reconciliation, Reforms and Revival: Four Years of Democratic Government (2008-2012), Ministry of Information and Broadcasting, Government of Pakistan, Islamabad. Bridging Development Deficits alism and D through Democratic Devolution: Post-18th Amendment Framework for y eder Local Governance in Pakistan, European Union and Rural Development y F

tionalit Policy Institute. Operational Manual: Transition Management of or

unc Democratic Devolution, Facilitating Federal and Provincial Governments ticipat o F in Implementation of the 18th Constitutional Amendment 2010, Forum ar of Federation and Centre for Civic Education Pakistan. ork t amew r engthening P om F r Str F

146 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

, y o

o e . e op e

, e T , t on er 7 y ed as South eb t ant he enc egions ork in f ountr v istan. ed

the . , ef istan as A dvisor on dvisor on ojec ak ) manager ersit y of Idaho OSCE eiv frica, olitical ernanc ak ountries ans Bangladesh v ssistanc ork he has ec A ernational t , acific r orms or Small ed on o P echnologies In atic Institut ed pr ersit ing on In 2001,

y of Zagr . ef . T al A enior A or f y UNDP C om UNDP's tion Netw ork ope or amme sia P ork ed t or al r wn Univ t eating a vibr iddle East.

ur He has taught v eview missions t . ersit . ” o Univ e and r d b , d fr onic amme in P or ting Int e w Vladimir joined emocr y ogr t

t of his w tr r dinat dinat e than 25 c ghanistan, ffic get tions with NDI and f ed as S or cr war ogr war ern E ams with NDI, v abulation (PVT esses y Reduc A or UN Resident or UN Resident oor ersit t oor T amme s par eor e A oc e y f an holds MA in P ogr er or elec om Univ r y Repor zam and National D A r o mor or's O . ors A East v , ogr In 2012, y ot 147 o IFES' Elec y f r o ac ants pr V ield C al P oring Elec d Univ es fr acific C sia and the M thiopia, apua New Guinea and ser am. or dinat e in 2004 f ar ersit az has ser in 2011 he mo E tion pr t ormanc elled t elopment and local go elopment elopment and r ocac v f allel v ants P yy ogr ffic emocr a sia-P aucasus oor ontribut an, r er ar alestinian elec ears in Jerusalem w a ourses at G P dev and a F F joined National D Civil Societ C (NDI) and has sinc C elec ODIHR and IFES in the Balk Global P C 2007 and 2008 and an Outstanding 2007 and 2008 and P East A y O small gr P IFES, adviser t He has also led P dev Ir P and P D A manage the EU sponsor Gr adv c Vladimir P Scienc Har and is author of the NDI's guidebook “Monit Quaid-e-A Elec Univ tr within and outside A during the past decade

e or of t oring e ec ed as a han his first ing on ork e (AHKRC). ork y (HNS) wher t entr tion monit e 1992; ement of ee decades he has ar ed Nations and v e he w In 1999 he joined . e C o c er) er) an is w t az Baqir is Dir t r er Hameed K ears sustainable yy an wher , ht a esen esen tions sinc

F . eople's P or impr elopment assistanc r Ak Resour oatian elec ed 5 y Cr ladimir P elec engagement was with the az Baqir

ed in senior management onment ork yy aper Pr aper Pr a vir oatian P ganization, Vladimir Pr F (P ork (P

V M Cr he w During the past thr GONG, w or positions with Unit other dev agencies f en husitha Pilapitiya is curently the UNDP Policy Advisor on TDecentralization and Local Governance for the Asia Pacific region based at the Asia Pacific Regional Center in Bangkok. She has over 20 years of development experience working with UNDP, The World Bank, and USAID in several countries of the world. Thusitha is an Attorney-at-Law from Sri Lanka with a degree in law Thusitha Pilapitiya from the University of Colombo and a (Paper Presenter) Masters Degree in International Development from Brandeis University in USA.

r. Javaid Rafique Malik is currently serving as the MSecretary of the Local Governmnent Department in Punjab.

Jawad Rafique Malik

alization: (Presentation) entr ec alism and D y eder r. Ali Ahmad Lund is currently y F tionalit or serving as the Secretary of

unc Local Governmnent

ticipat M o F Department in Sindh. ar ork t amew r engthening P om F

r Mr. Ali Ahmad Lund Str F (Presentation)

148 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality ocal wat

or t ar y of L ec lanning M . etar ocal He has Mr . er (P y ee in English t ecr ffic er of L ving as Dir t O

. er's degr inist ast or UNICEF in the past. han is a member of the 149 ently ser e Distric K . Mr tment in Balochistan. ecutiv o Jaamat-i-Islami par ving as the M Ex hwa. , epar or He holds a M . ocal person f t ent positions including S ernational Relations er er ec ant who is curr htunk v ently ser ak inist y Dir hD in Int ernment D ed as the f v ed in diff v yber P eput o v h D han is curr ocal G ssembly and belongs t wat is a civil ser ar eviously ser al of L war A atullah K ed as the Health M t ommission, y v ernment in K a He has also ser v w tion) t Ullah Khan o tion) ener esha e). Ina Iqbal M . a . a a r G P r G has pr t

t y e and is pursuing his P

inanc esen . Ina esen

atur ernment C v eviously ser Mr er Iqbal Mar (Pr (Pr M pr

lit M go and F Discussants

development/project management including experience of working for multi-lateral organisations. Currently, he is working as Adviser in the Governance and Institutional Development Division of the Commonwealth Secretariat. Munawwar is a Chevening Scholar and LEAD (Leadership in Environment and Development) Fellow. He has Munawwar Alam experience of working in several developing countries and small states (e.g. The Gambia, Swaziland, Sierra unawwar Alam is a Leone, Sri Lanka, Maldives, and development practitioner Pakistan) in areas like public sector Mwith 20 years of experience and electoral reforms, governance and in public service and international decentralisation. alization: entr ec

alism and D Preeta Lall y eder y F tionalit or

unc s. Preeta Lall is currently working as the Team Leader at Local ticipat o F Government Initiative and Network funded by the Swiss Development ar ork t MCooperation (SDC). Previously, she was working with as an Advisor for SDC. She has extensive experience in working on local government and amew r decentralization issues in South Asia. engthening P om F r Str F

150 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

ed or v e ently istan.

ations , e in y was v e ak ocal y and ensiv lanning and t o the lanning f vincial arious e he has Mollo y is curr . ernanc e of L o ed as a ernanc v He has ser v alia in P v o v at o Mr o the or of P or t ed on t egic P wher t ustr Nasar v . ely t es t at ec elop pr ec G), He has ex es and Inno . ocal G c Mr vic . y 2013,

ensiv elopment. ears t o dev e (IDL e of L e in local go e in local or ser esolution and polic esolution 151 at es t t r or e then he has ser t y with the Independent y with the Independent In Januar egy dev egic plans y, Resour . ernanc elled ex AM) f vinc ving as the dir ec v v at at o ghanistan. a o f olic onflic Sinc ommissioner of A the last 10 y the last 10 experienc c str as the head of Str Independent Dir G tr pr str ser P Dir A alia (O apacit C ustr e: y High C e in 1983. er v vic eer as a journalist but then mo eput nanc er ea and Hong Kong der of A er y has v

. o y including eign S , y is the D or and donors o , South Kor ed out his car ocal G t edal of the Or alian F ed with a number of ommunit y L NGOs y , aul Mollo ganizations ork

or ustr P Muqtader Nasar . . r He star A r w or

ader Nasary

ded the M

ticipat ernment aul Mollo ernational c v P Muqt (Chair) ar war M

Session - 3 M diplomat in Japan, a int P go 2007 he was in DG Humanitarian Aid in Brussels initially dealing with North Korea and later on helping to set up the newly established Food Aid and Disaster Risk Reduction Unit. After his assignment as Head of Cooperation in Kabul, Berend worked as Director Operations with the International Centre for Integrated Mountain Development in Kathmandu. Hold-ing a degree in Animal Science from Berend de Groot Wageningen University in the (Chair) Netherlands, Berend worked for almost a decade managing Swiss Development Cooperation funded Mr. Berend de Groot is the Head of projects in livestock and natural Cooperation of the European Union resource management in Rajasthan Delegation to Pakistan since October and Andhra Pradesh in India. Before 2010. He has been working with EU joining the EU, he was Country since 1998, mostly in Delegations Representative Pakistan for including Angola, Madagascar, Intercooperation Switzerland, Afghanistan and Pakistan. From 2005- stationed in Peshawar.

and LG Team Lead for a USAID Local Governance & Community Development(LGCD) Program. He is an entrepreneurial organization management strategist with more than 17 years of expertise in alization: Institutional development, entr Governance and Development ec Management in South Asia, Central Asia/Europe and Africa. Mr. Shekhar has been Guest Speaker/Resource alism and D Atul Shekhar

y Person to a number of reputed eder (Co-Presenter) organizations such as: Harvard y F tionalit or University, United Nations-

unc r. Atul Shekhar (Masters in International Training Centre Italy, ticipat o F Development Management, University of Namur, Belgium. He has ar ork t MMBA and M.Sc.) is currently authored book/ articles/manuals and with UNDP Afghanistan as Regional conducted audits/evaluations in the amew r Governance Advisor/Head of area of Public Sector Reform,

engthening P Governance Programme, western Organization Development and om F r Str F region of Afghanistan. Prior to this , he Entrepreneurship Management. was Senior Capacity Building Advisor

152 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

, e

, able

, y y y social , ocal y orks in o the ears' ocal She has . y omplex or or L

. am onsider igar is ernment ed on v F ernment or She w . o polic e of L wn f v alia and ogr er 30 y ools ams f r o ork at v ough a oaches t ta has designed Mr no ch t am management or ganizations in ustr ommunit ange of c egy (ANDS) and t ogr G). e and quantitativ r eholder c at ell k igar has c ec ogr anager f aluation. F esear y P egic planning Rober . ing as P . oss A ghanistan National ghanistan National y and applied polic social sustainabilit pr ills in applied polic en a r , , f stak at

, He has w elopment of applied Mr . ork e (NPPL cher with o tak riorit e with the G e in academia and om India thr aluation, 153 ed sk She is w qualitativ . , ts ev ch and ev , esear ee fr y advisor y y and education t ernanc ernment. ently w elopment Str elopment M ernment and non-go eloping A eloping new appr istan and obtained his Bachelors istan and obtained v v ernationally v ojec ghanistan. ganizational analysis and change egr ev ev o o f ak onsulting acr esear He has finished his high school in He has finished his P and r D scholarship experienc experienc c int NGOs and donor or NGOs and donor and under go A polic pr dev dev D application of r National P polic engagement G management curr D social and str specializ Independent Dir G analysis r or management and the dev polic y of e titioner ublic ently ersit ac igar holds a om India. aluation and ssociat ee in P an is curr She is a leading egr ation fr . y am ev er) an t ta R ogr y dney ers D er) y ing as an A t pr , a R essor at the Univ ast y dministr esen ar

of ohammad Nasir F M A ork r Rober . esen r w P obert

eholder engagement pr . R aper Pr Nasir Fig (Co-Pr Dr (P echnology S

D M T social polic stak Advisor to the Local Governance Initiative and Network, Swiss Agency for Development and Cooperation, South Asia office. He has served in multiple roles previously including Advisor to the Accountability initiative of the Centre for Policy Research, New Delhi; member of the Task Force on Decentralised Governance Framework of the Ministry ban Poverty Alleviation; member of the Local Bodies T.R. Raghunandan Commission Kerala State; Governance- (Paper Presenter) India office; member of the State Planning Board, Karnataka; and r. Raghunandan Raghvan has Principal Consultant to the Expert served as the Joint Secretary Committee constituted by the Mof Government of India, Government of India, on Centrally Ministry of Panchayati Raj (Rural local Sponsored Schemes. He was the governments, 2004-2009), and as mastermind behind setting up and Secretary of Rural Development and running the ipaidabribe.com, initiative Panchayat Raj, Karnataka State (2001- (2010-2011), which crowd-sources 2004). His current assignments include reports on corruption from citizens. alization: entr ec alism and D y Budiati Prasetiamartati eder y F (Paper Presenter) tionalit or unc ticipat o F udiati Prasetiamartati is the Programme Manager in the Democratic ar

ork t Governance and Poverty Reduction Unit of UNDP Indonesia overseeing programs in decentralization and local governance. She received her

amew B r doctorate in Coastal and Marine Resources Management from the Bogor

engthening P Agricultural University in 2007. She completed her Masters at the Institute of om F r Str F Social Studies in the Netherlands.

154 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality am ey es y orms She . ocal ams ssistant ogr vic y r e and

e than She ers er ogr o joining ed in olitical e e Ref

and he has , v y o this she ast or the dvisor in the or t Humphr oring t ativ ernanc or mor rior t or capacit v ed f ublic S ec P rior t . el capacit ffairs and L o ganizational as oaching and ghanistan. including the P ed with UNDP as aining pr ear ago as A , f ghanistan. ork e he ser or polic f v ghanistan via olio vincial officials al A A y Dir f er G , t f t o tf in 2007-08. ichigan Stat e dministr ghan P or Sub National He has a M f elopment A onomics and P t which was a pioneer in vic eder am Nath Sharma joined am Nath echnique f oach/advisor with the c Y ountr e in A or pr ev

er . USA, ing af , or A w por r UNDP a y C y ghanistan. ojec f He was a Huber . am Nath w y D y f es f y suppor 155 y of F e Y eviously ser

, oaching and ment oring t ent ministries ed as c onment f ee in E w at the M ersit ed in a number of positions in the ernanc ernment of Nepal f ernment of Nepal elopment. elopment via tr elopment and or elopment in A er v v v o decades wher vir inistr ell as individual lev ork ev egr o o apacit apacit ello initiativ G advisor M and c en has pr C w dev dev National Institution Building P (NIBP) A C been look ser Rule of La UNDP G tw (CAP) pr diff M D D F implementing the c Scienc ment Univ dev w Independent A and Civil S

ing ork t (ASGP), y she is ts of UNDP in ojec ently w ghanistan Sub or f elopment e pr ev er) y D a is curr t o the eff a ernanc In this capacit

v ts esen o apacit th Sharma

ofia Dahiy as C Specialist with A aper Pr am Na engthening the enabling ghanistan. Sofia Dahiy Y (P f

ontributing t S Discussan National G A c str Tasneem Siddiqui

asneem Ahmed Siddiqui is the Retired Director General of Sindh Katchi Abadis Authority, Karachi. Mr. Siddiqui serves as a Director of House Building TFinance Corporation and is currently the Chairman of a NGO called Saiban. alization: entr ec Naseer Memon alism and D y eder r. Naseer Memon is a development professional, who has been y F tionalit or working with prominent development sector and corporate

unc sector organizations of Pakistan since 12 years. In the past, he ticipat o F M has served on management positions in reputed corporate and social ar

ork t sector organizations including LEAD Pakistan, Premier Oil and WWF Pakistan. Currently, he is serving as the Executive Director of amew r Strengthening Participatory Organization (SPO). engthening P om F r Str F

156 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

.

, e Dr , e

om am

r y F able . e ch,

ently ogr lanning ernanc ountable ountable ost the es is v he e Muslim- L ec T o

ghan has ghan has onomic ollusion: f onom c ess in the fall and donors ansition , alestinian ernanc r onsider ers thesis was ers thesis r eam leader of

A ernment of Resear . v , ghan is ut T y and and did a study v f ernmental o ork experienc o ast v Most r ts in fiv e at municipal e at municipal Mr A Indonesia, . , the P go o NGOs w the U.S. , tur Mr ojec er ernment olution. y of A ocal G v He has c His M occ om MIT P emen. ing as a Ho . and other books apital and C , egitimac o eengineer the P a USAID funded Y eation of an acc eation of y , elopment ” ears of w C , ork he was the t ev e struc e of L Mor ountries: e in the field of G urse: , ghanistan. ogic of Global E f ernment onom and at v He is also the author of c orld y D eness y c 157 erman e C istan's int o

e and dev or oming fr W am with pr t ories tiv ghanistan. egic management and pr egic management ak e E ently w elopment in Modern Stat elopment G). f d ernanc istan, istan in 2010-2011, ec el in A thc v ec at olution of L ogr anager with Independent anager with Independent ound six y ynamics Among Nations: ev ev om G apacit ommission of the G olitical L ak ak hir v errit or ocused on cr ocused on fr D E D f of 2014. Allianc T f go lev D P with G ar “Enhancing G 2006-2011, Eff experienc in A pr majorit t C str implementation. curr P M Dir Root helped r C (IDL P on P financ ationaliz e o t on y y and o Oper est book y at the ernanc ublic ersit v ently a empts t o w t onom curr y and is an exper , His lat , . y ee in P e ghan holds a Ho ood G f e he att tic olic ason Univ egr Root ac ghan wher alism: , oot on L. ge M ers D y and G

ublic P ast eor olic Hilt on R . eder r member of the facult G amidullah A M P

. Hilt elopment elopment pr ernational political ec Dr (Chair) Hamidullah Af iscal F

D

H Session-4 F School of P int dev bridge academic theor dev Dr. Ayesha Ghaus Pasha (Paper Presenter)

s. Ghaus Pasha is a Visiting Professor at Beaconhouse National University, MLahore. She holds a Ph.D in Economics from Universty of Leeds and M.A from University of Karachi. Dr. Ghaus has been a member of several Task Forces, Committees and Commissions on public finance, social sectors, poverty alleviation and institutional reforms constituted by Governments in Pakistan. She has represented NGO's on the management boards of a number of important organizations like the Pakistan Poverty Alleviation Fund. She has undertaken consulting assignments for a number of

alization: international multilateral and bilateral agencies like UNICEF, UNDP, The World Bank, entr ec The Asian Development Bank, Canadian International Development Agency (CIDA) and the United States Agency for International

alism and D Development (USAID). She has published over y 75 books, journal articles and report. Currently, eder

y F she is also serving as a member of the Punjab tionalit or Assembly. unc ticipat o F ar ork t amew r engthening P om F r Str F

158 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality e ed ch-

, His He eiv ollege ost She is a . and .). v ec esear o ernanc r ublic y of onomics em of y and v

h.D . c ean of the echnical ouncil with o zam UMS) in 1986 P om the essor of D Dr She r Russian . ersit , egional, of ountries

ts' C onometrics . r onom r viding r es (L elations in c ernment C ernment c o e and ocal G es v ax and P e and t al, o establish an ondon School of T o e Univ (Honours)) and the (Honours)) and the . essional academic essional academic elopment E entr onomies orld E ed as P a is pr .Sc onomics fr arliament. of v wned Russian think tank ernmental Relations with the L y c om G ev eloping c W v y advic o c a Islamabad in 1974 and Islamabad in 1974 , or .A), go ernments both in Russia and eno e t y of Essex (M.A., y ernmental r y of Scienc

ouncil on L ernment of Russia and of the v . v e f er ernational 159 v He joined IDEAS in 2012. e es (2006-2008) and P e (B o hD in E andsk e he ser go ersit ersit ed his pr ernment financ t orld-r eer with the Quaid-i-A ernational Relations er v onomics (B onomics (1991-2010), anagement Scienc ansitional ec cadem urly ublic C c c inanc a w education fr education whose mission is t equitable and efficient syst Lahor go int Univ E tr star car Univ K joined the Lahor M wher based polic assistanc School of Humanities and Social Scienc E local go in other dev (2009). member of the Exper the G P publications include papers in the publications include papers in the and Int Journal of Applied E Journal of D the Russian P her P and Int Institut F Int A

, w o al of y He ener a is one ersit y enior ernmental a v or G a y in Mosc t y go elopment and a ec w at the er ts in the field of olic andsk ev es (IDEAS). ello urly andsk er) er) iscal P t t e of D ch F ollege and univ urly ernativ e and int or F

alina K esen esen e f She is the Dir Anjum Nasim is a S G . . . r Resear r Institut of the most distinguished Russian exper

ed his c entr . Galina K . Anjum Nasim aper Pr aper Pr eiv onomic Alt Dr Dr (P (P c ec elations

D D E r public financ r the C Dr. Pervaiz Tahir (Co-Presenter)

r. Pervaiz Tahir holds his PhD and MPhil degrees from the University of Cambridge. He has been the Chief Economist of the Planning DCommission, Joan Robinson Memorial Lecturer at the Faculty of Economics, University of Cambridge, MahbubulHaq Professor of Economics at the GC University, Lahore and Professor and Head of the Department of Economics at the FCC University, Lahore. Dr. Tahir has also served on the Statistical Advisory Panel of the UNDP's Human Development Report. Presently he speaks, writes and researches as a freelance economist. alization: entr ec alism and D y

eder Dr Nadia Tahir y F tionalit or (Co-Presenter) unc ticipat o F

ar r. Nadia Tahir has completed her PhD in Economics from GC University,

ork t Lahore and postdoctoral work at the University of Cambridge. Presently, she is an Associate Professor at the UCP Business School, University of amew

r D Central Punjab, Lahore. She has also taught at the GC University, Lahore and FCC engthening P om F

r University, Lahore. She has carried out a number of research studies and Str F published in HEC-recognized journals nationally and internationally.

160 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

alism, ed ean, tment of ernment eder v o epar ollege ving as the D ellor of G essor in D ests includes F Hussain has author . ernment C of

er . v r o Dr e Chanc e P ic he was ser 161 , ch Int V olitics godha. al P ssociat ar o this or t rior t y of S His Resear ving as the P .

. ersit istan. ak Univ P ently ser , , ernational Relations at G viour and Elec e aisalabad F , y e & Int ersit aisalabad gricultur F , oting Beha y papers and books V ,

y of A ir Hussain is curr em, ersit ts ticles yst ollege Univ olitical Scienc acult Zak Mughees Ahmad is the Chairman/A . . r C F r P Univ

akir Hussain . Z er 100 ar Dr Mughees Ahmad v olitical S

D D Discussan P o Session-5 Political Economy of Inter-Governmental Relations in a Federal Framework: Lessons Learnt and Way Forward

Pakistan Tehreek-i-Insaf. He did his Masters in Public Administration from the Harvard University Cambridge, USA, in 1981. He got another Masters degree in Public Policy and Administration from the University of Southern California in 1987. He joined Civil Service of Pakistan in 1978 and served for about seventeen years. He has previously also been a member of Shafqat Mehmood the Senate Standing Committees on Cabinet, Establishment and (Chair) Management Services, Defence, Defence Production, Aviation, Foreign Affairs, Kashmir Affairs and Northern r. Shafqat Mehmood is a Areas, and the Functional Committee Member of the National on Govt Assurances. MAssembly and belongs to

Business, Trinity College Dublin and Visiting Research Fellow at the School of Criminology, Politics and Social Policy, University of Ulster in 2010- 2011. Her areas of expertise are the alization: study of governance and state entr restructuring. Her current research ec interests focus on poverty reduction strategies and welfare state restructuring. She is also interested in alism and D

y intergovernmental relations and

eder Rachel Laforest Canadian politics. She is the author of y F (Paper presenter) tionalit or Voluntary Sector Organizations and

unc the State, UBC Press, 2011. She is also ticipat o F achel Laforest is Associate the editor of The New Federal Policy ar

ork t Professor and head of the Public Agenda and the Voluntary Sector: On Policy and Third Sector Initiative the Cutting Edge, McGill-Queen's amew

r R in the School of Policy Studies, University Press, 2009 and

engthening P Government-Nonprofit Relations in

om F Queen's University in Canada. She was r Str F a Visiting Professor at the Centre for Times of Recession, McGill-Queen's Nonprofit Management, School of University Press, 2013.

162 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

.

” y ed e of o- ork

c , ” ffic onn and e he ts

He joined He joined essionals orum of alism om the hD and a ojec r ernment as wher om the , edia v e o

. t the F eder e that he w vic ch pr A ormation O ersities of B erman Embassy in erman Embassy in or anada he dealt with anada he dealt with or Civic tment of al G er oung P ed as a onomics and political Y C onic media. edia and “ er f tr Bef Global Dialogue esear . He has a P ologne est in f . ondment fr “ ork eder onomics fr wa, social and health polic y ement in 2011. ement in , er e 2002. ent eign S eviously he was a eviously he was a r tta

olitical and M . etir or P ee in M eland y of C ess and Inf r 163 ed the ear sec Ir erman yment t and the e at the Univ am. erman F ed sinc orum in 2008 as a diplomat on a as a diplomat orum in 2008 e in O G ersit , e his r han has w ee-y ojec ogr dinat K ork . ffic erman F or of the C ouncillor at the G onomics rier t er's degr c sinc the F thr G w O planning and r or pr Dublin, pr C at the P the G Head of the depar emplo Herber taught ec scienc T diploma in ec Univ Mr ec ast or with special int e Dir ducat elopment. ecutiv ologne erman orks as a han holds a M y's leading newspapers and elec ondon School of E han is an Islamabad based P K . ombining orum of y-A G atic dev C ing as Ex He w . Mr y om L ountr Reinold Herber is ersit . ork opean and alism: er) er) istan. t t ur ffairs based in C

erman ak or the c Zafarullah K . eder G

, r Analyst and a Civic E and democr he is w , esen esen F y and Div dvisor of the F

opic: Unit case study Mr ations arullah Khan f esently aper Pr aper Pr ommunication fr einold Herber r ducation P a enior A

ernational A M Z (P R (P journalist f P E C onsultant of E

eder T a S F C Int Mushtaq Gaadi (Paper Presenter)

r. Mushtaq Gaadi is currently working with the Subaltern Documentary Production-the private group of engaged Mresearchers, writers, media persons and community activistsand participated in scripting, filming and editing of two documentaries, namely 'Speaking to Power' and 'Silencing Dissent'. He is also a Senior Lecturer at Quaid-e-Azam University in Islamabad. alization: entr ec

Mr. Muhammad Ali Kakar alism and D

y (Paper Presenter) eder y F tionalit or

unc r. Ali Kakar is currently serving as the Secretary, Inter-Provincial ticipat o F ar Coordination Department, Balochistan. He has worked in the areas of ork t MSocial Development, public management & policy. He has a keen

amew interest in Development Strategies, Participatory Management, Reducing Health r Impoverishment for Health outcomes, and Cost-effective Health Care & Financing. engthening P om F r Str F

164 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality er-

or e ork: er f W tment. ent He has y of the Int ation epar hwa. ough Stat tment of eview at the She is a etar anagement eder ts D ch. ecr epar ts thr htunk y Regional C ing F ak y of M esear ak onflic y r Her first book India- . ersit ently under r llinois at Urbana-Champaign d y C yber P 165 e at the D dditional S h y of the Spor war y of I olume M e Univ etar ersit ecr ed v t and securit istan is curr tment in K ak y In was published b ving as the A olitical Scienc anaging Identit onflic epar es at Lahor Her edit M a. dditional S e of the Univ es in c ently ser eaches P istan; ak ecipient of RCSS-NTI A dination D ed as A aiz t aduat Sri Lank v

. oor ess r sma F azir is curr Bringing the Societ A W alism in P . She specializ y P er) er) t t er 18th Amendment in P w and a gr t vincial C eder ersit She is also a r eviously ser o esen UMS). r esen F Musa

ello . azir r P pr orm Ms aiz USA. es (L opic: Ref Humanities and Social Scienc

alism af d Univ egic Studies (RCSS), aper Pr aper Pr istan Dialogue: or at Musa W (P Asma F xf (P ak eder ulbright f

M T Scienc F (UIUC), P Str F O Discussants

Fareedullah Khan

r. Fareedullah Khan is currently serving as the Secretary of the Ministry of Inter Provincial Coordination in Islamabad. He has done his Masters in MPublic Administration from Idaho State University, USA in 1983, Masters Strategic Studies from National Defence College (NDC), Islamabad in 2001, Masters in Political Science and LLB from University of Peshawar. Faridullah Khan has a long service record in credible departments of Government of Pakistan. He served as National Project Director of District Government System in Pakistan, Member Federal Land Commission and Kashmir Council, Joint Secretary for Population Welfare, Joint Secretary for Food and Agriculture and Managing Director ENERCON. alization: entr ec hillip Gonzalez is currently serving as the Program Manager of the Forum of Federations in Canada. He has a alism and D P

y Master's degree in International Relations eder from Monash University, Melbourne, y F tionalit or Australia. He conducted his research thesis

unc on Globalisation and State autonomy. He ticipat o F received his Bachelor's degree from La ar

ork t Trobe University, Australia, completing a double major in politics and history. Phillip amew r has previously worked at the Canadian Phillip Gonzalez

engthening P Foundation for the Americas as well as the om F r Str F Australian High Commission in Ottawa.

166 Annex II: Participants’ List

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality y y y y y y y y y y y y y y y y y y y y y esit esit esit y y y y ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit war war war at at at at at achi ya Univ ya Univ ya Univ ya Univ r r r r ollege Univ ar esha esha esha y of Gujr y of Gujr y of Sindh y of Gujr y of Gujr y of Gujr y of K y of P y of P y of P tion ersit ersit ersit ersit ersit ersit ersit ersit ersit ersit ernment C ernational Islamaic Univ ernational Islamaic Univ v ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ ernational Islamaic Univ o ffilia oF aisalabad Int Int Int Bahauddin Zak Bahauddin Zak Int Univ Univ Bahauddin Zak F Univ Int Int Int Int Int Int Int Int Int Int Int Int Int A Univ Univ Univ Univ Bahauddin Zak Univ Shah Abdul Latif Bhitai Univ Univ Shah Abdul Latif Bhitai G F Shah Abdul Latif Bhitai Univ Univ Univ tner ar 169 y elopment P tegor cademia cademia ev cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia cademia a A A A A A A A A A D A A A A A A A A A A A A A A A A A A C A A A A A A A A ed y o fan han gis af ed eed y har han shr han ehmood erio dami ahman tik f ta Nar waz waz Soomr alim an Naseem o S sghar yaz ajid Hussain ed H S azana Zaheer S ahim Ahmad hlaque Hussain Mushtaq rma A ed Hussain Shah eda Aalia Hussain . S v ajid M sif S amr ietr almanK aad I ahar Gul y y ar ahir R Shah Mur Shaffi Muhammad Ir Ali A Anwar ul Haq Umar A T Mumtaz Dr A P S Ibr S Nasir Ali Ek Ahsan K Ahsan Arif S Ali Na Muhmmad Shaban Irshad Ali Ahmad Ali A Abdul Basit K M. K Ja Dr Name Shugf S F S Aisha Ahmad Ak W Ali Na 31 32 33 34 26 27 28 29 30 21 22 23 24 25 16 17 18 19 20 11 12 13 14 15 7 8 9 10 1 2 3 4 5 6 36 35 S.No S.No Name Category Affiliation 37 Shay Faist Academia International Islamaic University 38 Wisal Ahmad Academia International Islamaic University 39 Arsalan Ahmad Academia International Islamaic University 40 M. Affan Academia International Islamaic University 41 Jhunaid Ahmad Academia International Islamaic University 42 Muhammad Zada Academia International Islamaic University 43 Mian Raheel Kamal Academia International Islamaic University 44 Fakhar Iqbal Academia International Islamaic University 45 Ihtram Kakar Academia International Islamaic University 46 Rahmatullah Kakar Academia International Islamaic University 47 Hilton Root Academia Professor 48 Arif Media Daily Jang 49 Sanaullah Civil Society SPO 50 Naseeb Ullah Media APP 51 Saleem Baber Academia QAU 52 Muhammad Bilal Academia QAU 53 Jawad Syed Academia University of Gujrat 54 Amanullah Khan Academia QAU 55 Israr ullah Academia QAU 56 Sidra Tariq Academia QAU 57 M Shahzad Academia University of Gujrat 58 Tipu Sultan Academia University of Gujrat 59 Sania Jabeen Academia Fatimah Jinnah Women's University

alization: 60 Maimoona Javed Academia Fatimah Jinnah Women's

entr University ec 61 Bilal Saeed Academia Fatimah Jinnah Women's University 62 Hina Altaf Academia Fatimah Jinnah Women's alism and D University y eder 63 Ghanwa Butt Academia Fatimah Jinnah Women's y F University tionalit or

unc 64 Muhammad Hayatullah Academia QAU ticipat o F Khan ar

ork t 65 Shahzad Akhtar Academia QAU 66 Maira Academia QAU amew r 67 Rabia Shaheen Academia QAU engthening P om F r 68 Qurat ul Ain Bashir Academia Al-Khair University Str F 69 Ziafat Hussain Academia QAU

170 S.No Name Category Affiliation 70 Shahrukh Tariq Civil Society CCEP 71 Nauman Civil Society PBC 72 Hanif Khattak Media The News 73 M. Younas Academia International Islamaic University 74 Usama Inam Academia International Islamaic University 75 Rafi Ullah Academia International Islamaic University 76 M. Rafiq Academia International Islamaic University 77 Ahsan Nazir Academia Arid Agriculture University 78 Hamad Azam Academia University Institute of Management Sciences 79 Saqib Hameed Academia International Islamaic University 80 Imran Haider Academia International Islamaic University 81 Muhammad Irfan Khan Academia International Islamaic University

82 Muhammad Bilal Academia International Islamaic University 83 Zawar Hussain Academia International Islamaic University 84 Muhammad Usman Academia International Islamaic University 85 Muhammad Aamir Rauf Academia International Islamaic University

86 Muhammad Ijaz ul Academia International Islamaic University Hassan 87 Muhammad Saqib Academia International Islamaic University 88 Muhammad Faheen Academia International Islamaic University Str engthening P Tariq 89 Syed Ali Asghar Academia International Islamaic University 90 Abdul Nabi Academia International Islamaic University ar

91 Ali Nawaz Soomro Academia International Islamaic University ticipat 92 Muhammad Ibrahim Academia International Islamaic University or

Faisal y F F r eder 93 Haroon Kamar Academia International Islamaic University om F alism and D r

94 Najeeb Ullah Academia International Islamaic University amew 95 Dr. Taqadus Bashir Academia University of Gujrat ork t 96 Maria Hassan Academia University of Gujrat ec o F entr

97 Rashida Abbasi Academia International Islamaic University unc alization: 98 Nadira Tabasum Academia International Islamaic University tionalit 99 Usman Javed Academia International Islamaic University y 100 Mumtaz Academia International Islamaic University

171 S.No Name Category Affiliation 101 Raziq Mahmood Bhatti Media Kashmir Express 102 Zainab Najeed Academia NCA 103 Jibran Shahid Academia NCA 104 Raja Abdul Basit Academia NCA 105 Ayeza Ashraf Academia NCA 106 Qaiser Shah Academia NCA 107 Agha Irtiza Academia NCA 108 Maria A Shah Academia NCA 109 Mustaq Hunza Academia NCA 110 Adil Riaz Khan Academia NCA 111 Syed Sana Hassan Academia NCA 112 Maha Saleem Academia NCA 113 Habib Academia NCA 114 Maha Hasan Academia NCA 115 Mahnoor Shehzad Academia NCA 116 Adnan Haider Academia NCA 117 Iqtidar Ali Academia International Islamaic University 118 Maisam Ali Academia International Islamaic University 119 Syed Muhammad Academia International Islamaic University 120 Muhammad Younis Academia International Islamaic University 121 Najeed Ullah Academia International Islamaic University 122 Ruaman Jameel Academia International Islamaic University 123 Farhad Academia International Islamaic University 124 Sikandar Raza Academia International Islamaic University 125 Asif Tariq Academia International Islamaic University alization: 126 M. Saud Academia International Islamaic University entr

ec 127 M. Nadeem Ghaffar Academia International Islamaic University 128 Ihsan Academia International Islamaic University 129 Muhammad Anwar Academia International Islamaic University alism and D 130 Javed Sikander Government Planning Commission y

eder 131 Reinold Herber Development Partner FoF y F

tionalit 132 Zafarullah Khan Civil Society CCEP or

unc 133 Abdul Muqtadar Civil Society IDLG- Afghanistan ticipat o F 134 Mohammad Nasir Civil Society IDLG- Afghanistan ar

ork t 135 Khalid Khan Academia Lasbela University 136 Kashif Kambah Media Capital Tc amew r 137 Yasir Media Balochistan Today engthening P om F r Str F 138 Abdul Wadood Academia BUITEMS

172 S.No Name Category Affiliation 139 Wajid Mehmood Academia University of Peshawar 140 Asif Salim Academia University of Peshawar 141 Abdul Basit Khan Academia Bahauddin Zakrya University 142 Irshad Ali Academia Shah Abdul Latif Bhitai Univesity 143 Inaam Ahmed Media The Magazine 144 Muhammad Shahban Civil Society GCKF 145 Dr. M Azam Academia Sargodha University 146 Rizwan Ali Academia University of Gujrat 147 Adam Malik Civil Society Society for Alternative Media & Research 148 Mohammad Iqbal Government DG - LG Balochistan 149 Dr. Syed Jaffar Ahmed Academia Pakistan Study Centre 150 Tasneem Civil Society Saiban 151 Maeregu Habtemariam Development Partner FoF Kazentet 152 Purusbttam Development Partner Ministry of Federal Affairs and Local Development Nepal 153 Arshad Rashid Development Partner EU 154 Giacoro Riserocchi Development Partner EU 155 Sibghatullah Civil Society IDLG - Afghanistan 156 Robeirta Ruan Academia Professor

157 Rana Riaz Civil Society NTS Str engthening P 158 Atul Shkar Development Partner UNDP 159 Budiati Prasetamartati Development Partner UNDP 160 Tauqir Akbar Khan Development Partner UNDP ar

161 Abdul Hameed Civil Society ICMAP ticipat 162 Dr. Ahmed Civil Society GCUF or y F

163 Shahzad Iqbal Government IPC F r eder om F 164 Nisar Ahmed Government IPC alism and D r 165 Farahnaz Khan Development Partner UNDP amew

166 Shakir Sindhu Academia FCC ork t ec

167 Anwar ul Haq Academia LCA o F entr 168 Adeem Alam Civil Society AGAHE unc alization: 169 Kamran Naseem Academia Government Gordon College tionalit 170 Hamayoun Sabr Government LGRD Balochistan y 171 Shoaib Iqbal Development Partner UNDP

173 S.No Name Category Affiliation 172 Ali Media Aaj Tv 173 Dr Tahir Ali Shah Government HEC 174 Abdul Rahim Politician MNA PKMAP Mandokhail 175 Abdul Wahab Academia NCA 176 Aitizaz Hassan Media Dawn Tv 177 Dr. Sultan Academia University of Gujrat 178 Adil Riaz Academia NCA 179 Abid Ali Media Dunya Tv 180 Mehboob Academia QAU 181 Faryal Academia QAU 182 Ifra Academia QAU 183 Somia Academia QAU 184 Mian Rifat Qadri Media Daily Dunya 185 Nadir Shah Academia International Islamaic University 186 Samiullah Khan Academia International Islamaic University 187 Molim Khan Academia International Islamaic University 188 Mehrab Gul Academia International Islamaic University 189 Rahim Jan Academia International Islamaic University 190 Abdul Wahid Qureshi Academia International Islamaic University 191 Luqman Hakeem Academia International Islamaic University 192 Waleed Imtiaz Khattak Academia International Islamaic University 193 Shahzad Ali Academia International Islamaic University 194 Sadam Hussain Academia International Islamaic University 195 Najeeb Ullah Khan Academia International Islamaic University 196 Mir Qamar ul Hassan Academia International Islamaic University alization: 197 Naqib Ahmed Academia International Islamaic University entr ec 198 Abdul Moqeem Academia International Islamaic University 199 Mohammad Ilyas Academia International Islamaic University 200 Najeeb Ullah Academia International Islamaic University alism and D 201 M. Aamir Academia International Islamaic University y

eder 202 Iqtidar Ali Academia International Islamaic University y F 203 Ali Nawaz Academia International Islamaic University tionalit or

unc 204 Mohammad Atiq Khan Media Daily Balochistan Times ticipat o F 205 Maha Mussadaq Media Express Tribune ar

ork t 206 Abdul Basit Academia Allama Iqbal Open University 207 Anwar Ahmad Media Radio Pakistan amew r 208 Judith Ravin Development Partner US Embassy engthening P om F

r 209 Dr. Yasmin Academia IUB Str F 210 Rizwana Yousaf Academia University of Gujrat

174 S.No Name Category Affiliation 211 Anila Iram Academia University of Gujrat 212 Fida Mahmood Civil Society Volunteer 213 Dawood Ayoub Civil Society Volunteer 214 Ali Nazeer Civil Society Volunteer 215 Sundas Ali Civil Society Volunteer 216 Mahnoor Safdar Civil Society Volunteer 217 Usman Ghani Government Health Department 218 Saima Mukhtar Government IPC 219 Saadiyan Khan Civil Society AIRD 220 Kiran Peter Civil Society SPO 221 Qaiser Khalid Academia International Islamaic University 222 Ejaz Hashim Academia International Islamaic University 223 Zahid Abbas Academia International Islamaic University 224 M. Naveed Media News One 225 M. Waleed Media News One 226 John Media Aaj News 227 Nisar Ahmad Media Sohni Dharti Tv 228 Nadeem Media ANN News 229 Shahbaz Ahmed Media PTV News 230 Shahid Waheed Academia NCA 231 Shahzeb Development Partner UNDP 232 Arshid Jan Development Partner UNDP 233 Akhlaq Ahmed Academia International Islamaic University

234 Hazir Ullah Academia International Islamaic University Str engthening P 235 Dr. M Balar Academia International Islamaic University 236 Dr. Qazi Government IPC 237 Jawad Rehman Development Partner UNDP

238 Taj Haider Politician PPPP ar ticipat 239 Naheed Civil Society Clear Concepts

240 T.R. Raghunandan Development Partner Swiss Agency for Development or y F F r

Cooperation eder om F 241 Naveed Government SNGPL alism and D r 242 Liaqat Khan Government SNGPL amew

243 Dr. Ishaque Baloch Government CMPRU ork t

244 Maryam Abid Civil Society RDPI ec o F entr 245 M. Anwar Development Partner USAID unc alization: 246 Philipp Niehenke Development Partner GIZ tionalit 247 Ali Salman Civil Society PRIME y 248 Sara Javed Civil Society PRIME

175 S.No Name Category Affiliation 249 Dr Aisha Ghaus Pasha Politician MPA 250 Rizwan Sharif Academia Fatimah Jinnah Women's University 251 Nazeer Machar Development Partner USAID 252 Malik Javed Government IPCD 253 Kahid Parvez Bhatti Media - 254 Aziz Bhatti Media - 255 M. Jalal Academia International Islamaic University 256 Asif Tariq Academia International Islamaic University 257 Imran Academia International Islamaic University 258 Riaz Academia International Islamaic University 259 Javed Academia International Islamaic University 260 Asmat Academia International Islamaic University 261 Asif Khan Academia International Islamaic University 262 Imran Ahmed Academia NDU 263 Rehmat Academia International Islamaic University 264 Waseem Academia International Islamaic University 265 Ibrahim Ahmed Academia International Islamaic University 266 M. Awais Akram Civil Society Volunteer 267 Muhammad Hussain Academia Al Khair University 268 M. Naveed Academia Al Khair University 269 Rana Imran Media Royal News 270 Ali Hassan Media Royal News 271 Naveed Sikander Media Royal News alization: 272 Shakir Akram Government IESCO entr 273 Syed Anwar Ali Academia NUML ec 274 Mushtaq Gandi Academia QAU 275 Sehrish Khan Media ATV 276 Khurram Shahzad Media Dawn Tv alism and D

y 277 Syed Ali Asghar Academia International Islamaic University eder

y F 278 Sarfraz Ahmed Abbasi Media Daily Telegraph Karachi tionalit or 279 Taimoor Jadoon Media APP unc ticipat o F 280 Nadeem Civil Society AIPS ar 281 Farzana Zaheer Syed Academia University of Gujrat ork t 282 Ahmed Naqvi Media Dunya News amew

r 283 Faisal Raza Khan Media Dunya Daily

engthening P 284 Raja Manzoor Media Royal News om F r Str F 285 Hameed Janjua Media Royal News

176 S.No Name Category Affiliation 286 Shahid Hassan Academia QAU 287 Abdul Junaid Academia QAU 288 Ziad Ali Academia QAU 289 Syed Mudassar Government IPC 290 Farhan Ahmad Government IPC 291 Tauqeer Hussain Shah Academia University of Gujrat 292 M. Khalil Academia IUB 293 Waqas Naeem Media Express Tribune 294 Muhammad Ali Kakar Government IPC 295 Dr. Amna Khalifa Development Partner GIZ 296 Muhammad Ali Kakar Civil Society - 297 Asia Ashfaq Academia International Islamaic University 298 Um e Habiba Academia International Islamaic University 299 Sharjeela Academia International Islamaic University 300 Bushra Saleem Academia International Islamaic University 301 Ramzan Qadir Academia NUML 302 Asif Kayani Media News Agency 303 Mahmood Achakzai Politician PKMAP 304 Naveed Amir Media - 305 Fayaz Baqir Civil Society AHKRC 306 Vladimir Pran Development Partner DRI 307 Umbreen Baig Development Partner Canadian High Commission 308 Asma Fiaz Academia LUMS Str

309 Atif Ali Jaffri Academia University of Gujrat engthening P 310 Zeeshan Ali Tahir Civil Society Legal Consultant 311 Stacy Development Partner UNDP 312 Umar Khayam Media Nawi-e-Waqat ar

313 Jawad Rafique Malik Government LGCD Department Punjab ticipat 314 Syed Tahir Academia Government College 315 Nauman Haider Media Daily Pakistan or y F F r eder 316 Sarfraz Abbasi Media Daily Telegraph om F

317 Wasif Naqwi Media SDTV alism and D r 318 Zawar Hussain Academia International Islamaic University amew

319 Zahid Abbas Academia International Islamaic University ork t ec

320 Rehan Ahmed Media SDTV o F entr

321 Naseer Memon Civil Society SPO unc alization: 322 Kamran Ahmad Civil Society Blue Solutions tionalit 323 Humayon Civil Society Pakistan Economic Forum

324 Farzana Jamil Academia QAU y

177 S.No Name Category Affiliation 325 Azhar Lashari Civil Society RDPI 326 Ashar Khan Civil Society ARFA 327 Zaheer Abbas Academia International Islamaic University 328 Sarfraz Masih Academia International Islamaic University 329 Aminullah Academia International Islamaic University 330 Nasir Majeed Academia University of Gujrat 331 Prof Mansoor Kundi Academia Gomal University DI Khan 332 Asim Media ATV 333 Khurram Media PTV 334 Raheel Akhtar Media DIN TV 335 Salahuddin Media DIN TV 336 Aslam Khan Civil Society ARFA 337 Paul Molloy Development Partner Australian Embassy 339 Jill Vickers Academia Carleton University 340 Greg Ellis Development Partner Australian Aid 341 Yam Nath Sharma Development Partner UNDP 342 Berend De Groot Development Partner EU 343 Inayatullah Khan Government LG Minister KPK 344 Humayon Sabir Government LGRDD Balochistan 345 Thusitha Pilapitiya Development Partner UNDP 346 Dr. Pervaiz Tahir Civil Society Economist 347 Rachel Laforest Academia Queen's University alization: entr ec alism and D y eder y F tionalit or unc ticipat o F ar ork t amew r engthening P om F r Str F

178 Annex III: Conference Programme

Strengthening Participatory Federalism and Decentralization: From Framework to Functionality

, or t ec y y y or or try of ee on e of ersit ee on es and ticipat ticipat tanc ommission ommitt y Regional Dir er-Univ ommitt spectiv y C er Int , es of par ganizing y C eput dination es on par er of the Minis t tiv oor e Or ducation C or & D enc at / Chair at e Minis er t arliamentar ations ocating the Impor a arliamentar es P vincial C ch Scholars tion: Global P onf P o a r UNDP y , C eder , Higher E t , dministr y of Gujr aliz olving perspec ar or or UNDP er-P t tr egional experienc t ormer St acific ec y Resear Chair ersit ec thiopia – L es t, f or Int e t tic orum of F an e Dir y Dir eople's P F Univ ssistant A y in E , , er f ac en r alism b 181 ormer Chairman, ac az y A ormer Chairman, inist ellor ecutiv ountr eder sia and the P dvisor istan P C M , eput Ex , ak alism and Decen emocr Sharing global/r

orms/ F D omotion of Social Scienc omotion of Social or A s: P , istan r e: y zada, o D e Chanc abbani (F ak eder emariam K enior A anche ir ess: r ic s or P eau f om the Holy Qur S es , rinciples and P emark air t: ecurit ag aza R ory F ee/V t tions: erlo htar Ahmed a Mohammad Nizamuddin, tium f . e Addr ation t ansition t or R alist P al Aff egu Habt r alism and understanding the ev alism in P ome R ess: o M f Gues Dr er Exhibition on F T . c-André F al Link Muk ynot . esen elc of ar ommitt onsor onstitutional Ref iaz Hussain P ietr e r articipa ost enat he unch eder eder eder eder ember 25, 2013 ember 25, Dr C C P Registr Recitation fr W M P Addr K Nicholas Rosellini, Regional Bur R Chie P L P Session Objectiv f Chair: S f C National S Pr T F Maer F y , Sept y Loc emon ednesda al Cer y 1- W Da 9:00 am – 10:00 am 9:00 am – pm 10:00 am – 12:30 12:30 pm – 1:00 pm 1:00 pm – 2:00 pm 2:00 pm – 5:00 pm Inaugur Session 1 Strengthening Participatory Federalism and Decentralization: From Framework to Functionality Session 2(a) Da 9:00 am–10:30 5:00 pm–5:15 y 2–Thur sda y , Sept ember 26,2013 Open Discussion S A A Discussan Vladmir Pr Challenges f F G Social C Amjad Bha Ar Dr D Pr Chair: go c r Session Objectiv Fr Loc Souv Dr Dr Dr Discussan Dr F T Dr Is F Sciences Dr C edir a ould betheindicativ rust D eder ecr ompar dviser zhar S o emocr ame esen . AliCheema,Pr . RasheedKhan,DeanF . Vick . MohammadW yy . . . ticle 140A: S HassanA Jaff v v eder al Gov ernment syst ernment Institutions: etariat ar az Baqir ec enirs /Gr alism w far er Ahmed t ting debat eficit betw , er aeed M a G alism G apital asaD Gr ativ atizing theStat ork tions: az Ansari, s Jill,Pr ernance andDe o ts: ts : eg Ellis an, Coun , t v L s ofIns e AnalysisofIndo-P ti, Na ernanc sk

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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.

Strengthening Participatory Federalism and Decentralization (SPFD) www.facebook.com/undp www.twitter.com/undp Democratic Governance Unit www.youtube.com/undp 6th Floor, Serena Business Complex, Khayaban-e-Suhrawardy, G-5/1, P.O. Box 1051, Islamabad - Pakistan Tel: +92 51 846 1273 Fax: +92 51 260 0254-5 Pakistan URL: http://www.undp.org.pk