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DEVELOPMENT ADVOCATE u s 0 s 2 I , y 7 r a e u m n u a l PAKISTAN J Vo

Devolution of Power: Pathways to Actualization DEVELOPMENT ADVOCATE PAKISTAN DEVELOPMENT ADVOCATE Development Advocate Pakistan provides a platform for the exchange of ideas on key development issues and challenges in Pakistan. Focusing on a specific development theme in each edition, this quarterly publication fosters PAKISTAN public discourse and presents varying perspectives from civil society, academia, government and development partners. The Disclaimer publication makes an explicit effort to include the The views expressed here by external contributors or the members of voices of women and youth in the ongoing the editorial board do not necessarily reflect the official views of the discourse. A combination of analysis and public organizations they work for and that of UNDP’s. opinion articles promote and inform debate on development ideas while presenting up-to-date information. TEAM

EDITORIAL BOARD Maheen Hassan, Editor and Technical Content Analyst Momina Sohail, Communications Officer Ms. Aliona Niculita Resident Representative a.i., UNDP Pakistan Sana Ehsan, Research Analyst Meeran Jamal, Research Analyst Ms. Ammara Durrani Assistant Resident Representative/Chief Umer Malik, Policy Analyst Development Pilicy Unit, UNDP Pakistan Hasnat Ahmed, Graphic Designer Mr. Amir Goraya Assistant Resident Representative/Chief Crisis Prevention and Recovery Unit, UNDP Pakistan United Nations Development Programme Pakistan 4th Floor, Serena Business Complex, Mr. Kaiser Ishaque Khayaban-e-Suharwardy, Sector G-5/1, Assistant Resident Representative/Chief P. O. Box 1051, Democratic Governance Unit, UNDP Pakistan Islamabad, Pakistan

Mr. Amanullah Khan Assistant Resident Representative/Chief For contributions and feedback, please write to us at: Environment and Climate Change Unit, UNDP Pakistan [email protected]

Ms. Ayesha Babar Communications Analyst, ISBN: 978-969-8736-32-21 Head of Communications Unit, UNDP Pakistan CONTENTS

19 Nafisa Shah Editorial Member National Assembly, PPP 20 Dr. Aisha Ghaus Pasha 01 Deepening Democratic Governance Member National Assembly, PML-N 21 Ahsan Iqbal Former Minister for Interior and Planning, Development and Reform Analysis Member National Assembly, PML-N

Shandana Gulzar Khan Local Governance: 22 02 10 Years After the 18th Amendment Member National Assembly, PTI

Zafarullah Khan 23 Amjad Bhatti Chief Technical Specialist Reconciliation and Federalism Support (REFS) UNDP Somalia Opinion 25 Dr. Asma Faiz Assistant Professor 07 Democracy Sans Devolution Lahore University of Management Sciences Syed Mohamad Ali 27 Usama Ahmed 09 Federalism and Pakistan Public Policy and Governance Expert Fauzia Yazdani

13 Post 18th Amendment: The Follow-up to Local Governance Youth Voices Zain Rafique

Goals of Equality and Representation: 28 Tuaha Rashid 15 Does Decentralisation Work? Fiza Akhtar Shandana Khan Mohmand Ali Kareem Sakina Ali Shahid Nabi Interviews Palwasha Bashir

17 Kamran Khan Bangash Special Assistant to Chief Minister Khyber Pakhtunkhwa for Higher Education, Archives, Libraries and Information and Public Relations, PTI /undppakistan 18 Inayatullah Khan www.twitter.com/undp_pakistan Former Minister of Local Government, Elections and Rural Development www.pk.undp.org Khyber Pakhtunkhwa Assembly, PTI Follow us © UNDP Pakistan Editorial Deepening Democratic Governance

An integral part of the modern democratic system, the presence They have limited power and capacity to generate resources. The of local government aids in better knowledge and management LG Act 2013 made it mandatory that 30 percent of the develop- of local issues through engagement with communities, and helps ment spending of the provincial government would be given to foster sustainable solutions for development. local governments via the Provincial Finance Commission. Over the course of four years, PKR 70 billion were transferred to the Through local governance, delays in the delivery of municipal local government, even though the amount was roughly half of services is minimized. The presence of local government also the due share. ensures equitable distribution of resources, helps in mobilizing far more resources for development, gives the people a sense of Revenue generation is also interlinked with capacity. Indigenous ownership, ensures more responsiveness and increased capacity may allow local governments to raise more financial accountability, and helps in strengthening national integration. resources and help them address the needs of their constituen- This strengthened federalism and integration also aids in cies more efficiently. Increased human resource capacity, will achieving national goals and agendas, specifically the also mean that local government representatives are better able Sustainable Development Goals (SDGs). to administer the equitable distribution of social services. However, with local governments still in a transitional phase, Since 1947, Pakistan has seen a variety of governance mecha- these capacity and resource constraints leave them with limited nisms including, centralized political leadership, military rule and power to formulate and implement policies and provide other democracy. However, despite all these forms and tiers of basic services. governance, and multiple efforts to streamline, there still remains an inequitable distribution of resources. This inequality can, in Another issue that requires attention is the lack of direct citizen part, be addressed through the establishment of effective local involvement with the municipal system. While there exist informal government which will allow for increased participation of dispute resolution systems but there is nothing formal or marginalized groups by providing them with easy access to systematic at the moment, often leading to grievances within the decision making tiers. community.

Through a restructuring of state governance mechanisms, And finally, grey areas in administration exist. The local govern- empowered local governments can foster political economy by ments fall under the purview of the district administration which enhancing equity and egalitarianism by preventing elite capture. will be reporting to the provincial government. The two tiers of This would allow all segments of society, including the tehsil and village/neighbourood have been retained. While the marginalized, to have a greater say in governance. Local former is mandated to look after municipal and social services, it government is especially important for a heterogeneous country is surprising that the devolved departments at the tehsil level will like Pakistan, where differences in ethnicity, economic status, also be reporting to the district administration. As a result, either social disparities and regional variations require an approach to the tehsil mayor would be rendered helpless before the district balance out all these bumps. administration, or there would be constant back and forth between the two entities. This would impact service delivery. Since the introduction of the first local government system in 1959, local representative governments have been created and While establishing a central coordination authority to ensure disbanded several times in Pakistan. The passage of the 18th uniformity and accountability would be useful, this can only Amendment (2010) was a major accomplishment, when the function at its best if local governments are provided requisite formation of local governments was mandated. This was a big funds, house the necessary technical and human resource step as it allowed the people to come closer to the government capacity and are sufficiently politically empowered to take action and attain a more pro-active role in the decision making process. on their own. Moreover, it is also important that local government At present, no local government elections have been held as yet. elections are now held so a systematic administration can come into power and set the system into flow. Despite the fact that local government acts have been formulated by each provincial government, local governments in all prov- The success of Pakistan’s devolution process is critical to the inces still do not house adequate political, fiscal, and administra- long-term prospects of democracy and the cultivation of new tive power needed to fulfill their functions. generations of democratic leaders. There is more work that needs to be done at multiple levels, given local governance is Revenue generation for local governments is heavily dependent vital for a populous country like Pakistan, to achieve democratic upon transfers from the federal and provincial governments. governance.

01 Analysis Local Governance: 10 Years After the 18th Amendment

federal, got parked at the provincial. Both 'Zamindari' etc. comprised of local were wrong paths. Meanwhile, the nobility to manage and run the affairs of privileged local during the aberrations, the community. However, the journey was not only used as a surrogate for towards structured local self-government decentralization bypassing the provincial was fathered by Lord Ripon towards the elite, rather it also served as a ladder for end of the 19th century. At that time, the legitimacy of the regime, first as electoral twin objective was to bring in administra- college, and later as an agency to tive efficiency at grassroots and provide manipulate single candidate referen- for political education. The initial dums in 1984 and 2002. On the other municipal institutions were described as hand, the parking of powers at the the 'schools of democracy'. provincial capitals, especially after the 1 8 t h A m e n d m e n t , a l i e n a t e d t h e At the time of independence, Pakistan marginalized secondary communities in inherited three types of nominated local every province who consider the local as institutions: Municipal Committees in Zafarullah Khan their prime domain in the electoral urban areas, District Boards for rural contest based on First Pass the Post areas and Cantonment Boards for military (FPTP) system. areas. Owing to multiple problems at Former Executive Director hand, such as making of the constitution, Pakistan Institute for Parliamentary The Constitution of 1973 was a post- during the first decade (1947-1958) of Services conflict democratic consensus to avoid Pakistan, very little attention was paid to the mistakes of the past. It was a renewed indigenize, democratize or simply make Background and Context focus on federalism, provincial autonomy, them representative of citizens' aspira- and rebuilding the nation. The constitu- tions in a free country. Nevertheless, the Devolution of Power to the federating tion created important forums-such as the Constitution of 1956 talked about 'local units and empowered sub-national tiers Council of Common Interests, National authorities' (Article 3) in the context of of governance is a foundational dream Economic Council, and National Finance fundamental rights. However the Federal and aspiration in Pakistan. It calls for Commission-to mediate federal- Legislative List assigned 'local self- increased provincial autonomy and provincial and inter-provincial conflicts government in cantonment areas' to the control over resources, besides a desire and distribute resources equitably. federal government and 'local govern- for effective local government. However, historically, many of them have ment-constitution and powers of been dysfunctional for a long time. municipal corporations, improvement Owing to four disruptions of democratic trusts, district boards, mining settlement rule since its creation, Pakistan has The Constitution also acknowledged the authorities and other local authorities for experienced multiple trajectories aimed local tier in Article 7 and 32 in 1973 and the purpose of local self-government or at devolution and on occasions, denial of 140-A after the 18th Constitutional village administration' as a competence devolution of power to one or the other Amendment. The 18th Amendment to the of provinces under entry 15 of the tier. To accurately dissect this reality is a Constitution, adopted in 2010, is a Provincial List. tricky proposition. However, no one can paradigm shift and has revived and deny that since 1947, instead of having a reinvigorated these forums, but stake- The original Constitution of 1962 was well-defined vertical devolution of power h o l d e r s a r e s t i l l r e l u c t a n t t o quite minimalist about local government. among the federal-provincial and local operationalize them fully. The constitu- Initially, it only mentioned the local self- tiers, along with a clear-cut horizontal tion mandates that these forums meet a government in cantonments in the delineation of power among the three minimum number of times on a set Central Legislative List. As the chapter of pillars of the state namely; the legislature, schedule, but to date, their meetings fundamental rights was initially missing in the executive and the judiciary-the have been infrequent and irregular. The this Constitution, therefore there was no country has always struggled to evolve a provinces have the power to requisition role of local authorities in the 'Principles final consensus and institute a viable meetings at these forums, but they have of Law Making' that were considered the constitution as a compatible software for yet to do so. Communication and substitute of fundamental rights. In this the statecraft. coordination vectors among the three way, the local-self-government was a tiers of government are weak, with each residual subject-meaning thereby 'an During the democratic discontinuities, institution seeking to dominate the exclusive provincial competence'. centralization efforts discounted the process. Whereas, the ground reality was the provinces and privileged the local highly centralized system of 'Basic government, only to exacerbate Weak Legs of Local Governance Democracy' introduced in 1959 through a disparities and grievances among the central institution-Bureau of National federating units caused by the creation of The areas that constitute Pakistan always Reconstruction (BNR)-and a central Basic One Unit in 1954. During the democratic had a rudimentary tradition of formally Democracy Order, 1959. Later, these dispensations, the local was ignored and structured or informally organized local 'Basic Democrats' also served as whatsoever was devolved from the level institutions like 'Panchayats', 'Electoral College' for the presidential

02 and all legislative elections. The system dissolution. These unique constitutional The local elections are pending ostensi- of 'Basic Democracy' collapsed with the and legislative developments epitomize bly on pretext of the non-notification of departure of its architect in 1969. that politics has finally recognized the the pending results of the Census-2017, need of vibrant, representative and that has caused legal lacunas in the The Constitution of 1973 made promotion accountable local governance at the delimitation processes. However, the of local government institutions a grassroots within the broader debates trend of frequently altering the laws has Principle of Policy (Article 32) saying, 'The and discussions on devolution. However, also produced uncertainties in the State shall encourage Local Government much needs to be done to walk the talk. system. This trend is not new as in 2009 institutions composed of elected as well, all the four federating units representatives of the areas concerned Current State of Devolution namely; Punjab, Sindh, Khyber- and in such institutions special represen- Pakhtunkhwa and Balochistan, repealed tation will be given to peasants, workers After a decade of democratic devolution their provincial local government laws and women.' In the new constitutional through the historic 18th Constitutional authored by the National Reconstruction scheme, the establishment of local Amendment today, despite categorical Bureau (NRB) in 2000. Later, it was during government was a provincial compe- constitutional commands, provincial a Supreme Court of Pakistan's hearing on tence. However, during 1973-1977 no grievances are there and grassroots 'law and order situation in Balochistan' in tangible progress was made in this democracy remains a disrupted dream. 2010, that the missing vigilant gover- regard. Again, it was during 1979-third Presently, there is practically no elected nance at the local level was identified as democratic disruption-that non-party local government except one in the one of the contributing factors in the based local governments were estab- federal capital-Islamabad. Once again, it chaotic situation on ground. The 2015 lished. The system continued in one way reflects the classical paradox of local government elections were held or the other till 1993. Afterward, only the decentralism amid dictatorships and lack after the verdicts by the Supreme Court of province of Punjab opted for local of devolution during democracy. Pakistan and the provincial High Courts, government election in 1998. which reminded the federal and the The literature on devolution/decentra- provincial governments to implement the During the fourth democratic disruption in lization offers a wide range of empirical A r t i c l e 1 4 0 - A i n i t s t r u e s p i r i t . 2000, a federal institution, the National evidence that the citizens could be Unfortunately, the provinces that had Reconstruction Bureau (NRB), attempted served well in terms of effective service been yearning for increased autonomy to redesign the governance structure and delivery at the local level. In the context of since 1947 also proved to be quite system of Pakistan, especially the governance, most of the citizens' centric lethargic in operationalizing whatever devolution to the grassroots. Under the day to day transactions (e.g. water supply, was given to them in the wake of the stewardship of the NRB, new provincial sewerage, waste management, markets democratic devolution in 2010. Local Government Ordinances were management, health care, primary promulgated in 2002 and were protected education etc.) happen at the level of the Analysis of Article 140-A in the erstwhile Sixth Schedule (deleted local government. The quality of this through the 18th Constitutional experiential relationship influences the The historic 18th Constitutional Amendment, 2010) of the Constitution- trust matrix vis-à-vis the nation's demo- Amendment in 2010 attempted to change first through Legal Framework Order cratic processes. This principle of the course and entrusted the provinces to 2002 and later through the 17th subsidiarity has guided the designers of design and develop their own local Constitutional Amendment. This was the governance architecture in many government systems by suggesting three first time that the long-awaited police societies. In pure political terms, the local distinct benchmarks. These bench marks reforms were also clubbed with reforms government system acknowledges the are political, administrative and financial in the local level governance and the citizenry's right to be governed democrat- responsibility and authority for the local Police Order 2002 was promulgated to ically at the local level. Pakistan opted for governments. And it calls for the 'elected' replace the colonial Police Act of 1861. the party-based local government local government. The 17th Constitutional Amendment elections for first time in its turbulent incorporated a new Article 140-A in the history during 2013-2019. Ideally, this There are four critical interpretations: Constitution that stated, “Each Province should have opened up opportunities for Ÿ Local government elections: Instead shall, by law, establish a local government the political parties to effectively organize of a proactive political decision, the system and devolve political, administra- themselves at the grassroots. But now, elections for local government were tive, and financial responsibility and the system has been put on a reverse held in the provinces in 2013 (only in authority to the elected representatives gear. Balochistan) and in 2015 (in Punjab, of the local government”. S i n d h , K h y b e r - Pa k h t u n k h w a , In Pakistan, the federating units, are once Islamabad and the Cantonments) on This article establishes that moving again struggling to cobble-up a viable deadlines and decisions given by the forward, local governments are no more democratic system of local government Supreme Court of Pakistan. Now once merely an executive concern to decen- according to the constitutional command again, there are petitions in the courts tralize at will and that too which can be of Article 140-A. In Punjab 'The Punjab to push for new local government tinkered with through more executive Local Government Act' and 'Punjab elections. Instead of the courts, the orders whenever required, rather now it is Village Panchayats and Neighbourhood p r o v i n c e s s h o u l d h a v e b e e n a constitutionally protected 'devolution' Councils Act' were passed in 2019 and proactive and the political class that can only be changed through a the existing local governments were should have exhibited their political constitutional amendment that requires prematurely dissolved on 4th May, 2019. will to offer a better governance deal two-third majority in both Houses of the After more than a year, the new elections to the citizens at the grassroots. Parliament-ostensibly a difficult are still pending and the new law has proposition. Although the NRB has been been amended twice. In Balochistan, the Ÿ Defining political devolution: After the dissolved but this first-ever full-fledge term of local governments expired on 18th Amendment, Balochistan was the article on the local government in the 2 7 t h J a n u a r y 2 0 1 9 , i n K h y b e r first province to pass its local Constitution of 1973 was retained by the Pakhtunkhwa it expired on 28th August government law i.e. The Balochistan historic 18th Constitutional Amendment in 2019, and in Sindh in August 2020. Local Government Act, 2010 (Act no V 2010. In 2017, the Parliament enacted the Balochistan has amended its law one of 2010), on 10th May 2010. The law Election Act that specified the periodicity time, and Khyber Pakhtunkhwa four initially opted for 'non-party based' for mandatory local government times. On 7th October 2020, the elections, but after the 2013 Election, elections within 120 days-either after the Cantonment Boards were dissolved. the coalition government announced completion of term or premature to hold the first-ever party-based local

03 g o v e r n m e n t e l e c t i o n o n 7 t h the Provincial Finance Commissions, Department. In 1952, the Village December 2013. Sindh and Khyber- all Local Government Acts provide for Agricultural and Industrial Development Pakhtunkhwa also opted for party fees/user charges, fines over Program (Village-AID) was designed by based local elections when they municipal violations, special provin- donors like the USAID and Ford passed their respective Local cial grants and share in sales tax as Foundation. It later on became a war of Government Acts in 2013. However in the potential sources of income for turf and territory among departments and Khyber-Pakhtunkhwa, the lowest tier the local government institutions. The was replaced in 1961 with the Basic i.e. Village/Neighbourhood Councils, members of local governments in all Democracies System. With the return of were to be elected on non-party basis federating units and Islamabad, had democracy in 1970s, culture of political and this design was challenged by the been protesting on denial of ade- branding of development initiatives Awami National Party and Jamiat- quate financial resources. started. The Peoples Works Programme Ulema-i-Islam in the Peshawar High (1972-1977) was placed under the Federal Court, but their pleas were rejected. Unless a broader consensus is devel- Ministry of Finance and Planning while it oped on interpretation of these constitu- was catering to local development needs. Ÿ However, in case of the Punjab and tional benchmarks, meaningful adminis- The Programme was resurrected again in the Cantonment Boards, the Lahore trative and fiscal devolution will remain a 1988. The government elected through High Court had to interpret that dream. Presently, there is a great non-party based elections in 1985 'political devolution' connotes party disequilibrium in distribution of resources introduced its own 'Prime Minister's Five based elections in the light of Article among the districts. With these broken Points Programme.' Later on “Tameer-e- 17 of the Constitution (The Article wings, smooth flight to serve the citizens Wattan” and “Khushal/Roshan Pakistan” acknowledges Right to association at the local level well will remain a distant were the regime-specific top-down including the right to form political possibility. Another gray area is that development programmes. Now the party). The opposition dominated Article 140-A is silent about local brand of “Insaf” in health etc. is in vogue. Upper House-the Senate of Pakistan government in the federal capital. Even in the context of Sustainable amended the Islamabad Capital Development Goals (SDGs), we have the Territory Local Government Act, 2015 Linkage of the Local with P r i m e M i n i s t e r ' s G l o b a l S D G s to make it party-based. Despite all Development Model Achievement Programme since 2016. these odd facts, the historic develop- ment is that for the first time in a It is not a secret that there are huge Ideally, the local governments shall be in country's history, the local govern- development deficits and alarming the driving seat of district-specific long- ment elections were held on party regional disparities that continue to term planning and corresponding basis and made the local institutions plague quality of life and effective service development initiatives. Pakistan is the nurseries to nurture future leaders. delivery in Pakistan. In federally orga- fifth populous country in the world with nized countries, usually two models exist. significant diversities. One size fits all Ÿ Administrative devolution: Most of the First; policy, regulatory and delivery formulas can hardly capture these old and new local government laws domains are clearly allocated and diversities. Punjab in terms of area is the are quite miser in terms of administra- defined in the Constitution, and the size of Belarus and in terms of population, tive devolution. Ideally, this provision second approach is that of 'joined-up' or equivalent to the size of Mexico (13th shall result in creation of a full-fledge concurrent mechanisms. Various populous country). Sindh is the size of local/municipal services cadre. The constitutional schemes in Pakistan since Tajikstan in terms of area and of Colombia Balochistan law talks about Local 1947 have experimented both routes and (30th populous country) in terms of Council Service, the Sindh law the net outcome is a boulevard of population, Khyber Pakhtunkhwa, post- contains provision for Sindh Council shattered development dreams. merger of the erstwhile Federally Unified Grades, and the Khyber Administered Tribal Areas, is the size of Pakhtunkhwa law talks about servants Besides other factors, this development Cuba and in terms of population equiva- of local council. Ambiguities about the dilemma exists because the local tier has lent to Morocco (41st populous country). 'Administrative Devolution' calls for very little say and connection in terms of Balochistan in terms of area is of the size urgently taking-up the long awaited planning and designing of various of Germany but in terms of population is civil services reforms so that every tier approaches, strategies and projects. the size of Rawanda (78th populous of governance in the country has its Many mega projects in public transport, country). Even Islamabad is bigger than own well trained human resources education, health, and water etc. are not Bahrain in area and has more population with clearly defined roles and designed by the districts, rather they than Gambia (147th populous country). responsibilities. come either from the provincial govern- Imagine the size and scale of reforms to ment or through federal grants. meet the expectations of the citizens. Ÿ Fiscal/Financial authority: With the Sometimes they are devoid of ground exception of the Balochistan Local realities; hence very little local ownership In order to have the best possible route to Government Act and the Federal is seen at work. developing authentic development plans Capital and Cantonment laws, the and strategies, we have to accommodate other laws talk about Provincial A brief mapping and dissection of various regional realities and offer asymmetrical Finance Commissions (PFCs). development approaches, programs and models to address these diversities. In However the PFCs do not mention projects privileged since 1947 reveal that this regard, culture of performance based any multi-factor resource distribution the local tier had its role limited only to premiums and incentivized grants might formula among the districts on the implementation. The first Village work well. pattern of the 7th National Finance Cooperative Movement in 1950 was Commission Award-2009. Besides designed by the provincial Cooperative

04 Table 1: Understanding the Provinces

Province/ Current Districts Population Parliamentary Population Gender Gap Urbanization Area Administrative (207,774,520; Creation/ 6th populous; Assemblies Census-2017)

Punjab Colonized: 1849 36 110,012,442, National Assembly: 174 (141 Population: Rural: 63.28% 205,344 13th after General, 33 Women) 49.12% (W) Urban: 36.72% Carved after sq.km Mexico partition in 1947 Senate: 23 50.88% (M) (size of Population Belarus) Provincial Provincial Assembly: 371 Gap: 1.76% Growth rate: Assembly: 1937 2.13% Local govt: Dissolved since Voters: May 2019 44.49% (W) Voters: 60,697,418 55.51% (M) Political trend: PTI led Gap: 11.02% coalition

Sindh 1936 after 29 47,886,051, National Assembly: 75 (61 Population: Rural: 47.97% 140,914 separation from General, 14 Women) 47.93% (W) Urban: 52.03% 30th after sq.km Bombay Colombia Senate: 23 52.07% (M) (size of Provincial Tajikistan) Population Provincial Assembly: 168 Gap: 4.14% Assembly: 1937 Growth rate: Local govt: Term completed Voters: 2.41% August 2020 44.46% (W) Voters: 22,394,212 55.54% (M) Political trend: PPP Gap: 11.08%

Khyber 1901 33 35,525,047, National Assembly: 48 (39 Population: Rural: 83.47% Pakhtunkhwa General, 9 Women) 49.26% (W) Urban: 16.53% 101,741 sq.km WATA merger 41st after (size of 2018 Morocco Senate: 23+8 WATA= 31 50.74% (M) Iceland) Provincial Population Provincial Assembly: 145 Gap: 1.48% Assembly: 1937 Growth rate: Local govt: Term completed Voters: 2.65% August 2019 42.71% (W) (2.41% WATA, Voters: 17,839,845 57.29% (M) 2.89% KP) Political trend: PTI Gap: 14.58% (These figures change in 2019, 2021 & 2023)

Balochistan 1970 32 12,344,408, National Assembly: 20 (16 Population: Rural: 72.45% 347,190 General, 4 Women) 47.47% (W) Urban: 27.55% Provincial 78th after sq.km Assembly: 1973 Rawanda Senate: 23 52.53% (M) (size of Germany) Population Provincial Assembly: 65 Gap: 5.06% Growth rate: Local govt: Term completed Voters: 3.37% Jan. 2019 42.18% (W) Voters: 4,302,304 57.82% (M) Political trend: BAP led Gap: 15.64 % coalition

Federal 1960 1 2,006,572, National Assembly: 3 Population: Rural: 49.42% Capital- 47.38% (W) Urban: 50.58% 147th after Senate: 4 Islamabad Gambia 52.62% (M) 906 sq.km Local govt: Party based (size of Sao Population Gap: 5.24% Voters: 766,460 Tome and Growth rate: Voters: Principe) 4.91% Political trend: PTI for NA, 46.79% (W) PML-N in Senate and IMC 53.21% (M) Gap: 6.42%

05 Table 2: Social Sector Indicators

Province/ Population Share Literacy HDI Average Score Fundamental Representation Area Density/ in the Gross Enrollment, Life Rights in CCI, NEC & 6th Highly GDP Expectancy, Per Capita Share in NFC Populated Income (150/189) 2018

Punjab 535.74/ 54% Rate 62 % 0.732 (high-medium) Yes Yes sq. km M:71%, W:52%

Sindh 340/ 30% Rate 60% 0.640 Yes (Sindh Yes sq.km Human Rights M:70 %, W:49% Commission)

Khyber 349/ 13% Rate 53 % 0.628 Yes Yes Pakhtunkhwa sq. km M:71 %, W:35 %

Balochistan 35.55/ 3% Rate 43 % 0.421 Yes Yes sq. km M:61 %, W:25 %

Federal 2214/ .73% Rate 96 % 0.891 Yes No Capital- sq. km Islamabad

06 Opinion

Democracy Sans Devolution

rulers (under the Ayub, Zia and Musharraf belonging to other political parties. eras) who undertook political centraliza- tion at the federal and provincial levels, In the case of Sindh, the situation was while instituting electoral representation more complicated. The Muttahida Quami at the local level, in order to legitimize Movement (MQM) dominated the major their rule. The Local Government city districts of Karachi and Hyderabad, Ordinance of 2001 (under the Musharraf whereas the PPP controlled local government) was, however, quite governments across rural Sindh, and also ambitious in scope, as it aimed to allocate controlled the provincial assembly. a significant proportion of local govern- ment seats to women, as well as to Although Balochistan was the first minority and other marginalized candi- province to formulate a local government dates (peasants and workers). The law, as well as the first to conduct local international donor community also elections, its coalition government could endorsed the LGO 2001 and spent a not provide local governments the Syed Mohamad Ali significant amount of resources to help administrative, financial, and political build the capacity of local governments. powers they needed to work compe- Yet, mainstream political parties tently. The scope of decentralization in KP Development Anthropologist remained wary of the local governments is broader than in the other provinces. which had been elected on a non-party However, local governments within KP basis, and which were used to bring to the remained under the firm grip of the Chief It’s been ten years since the eighteenth fore local leaders sympathetic to a Minister of the province. amendment to Pakistan’s constitution military government. was adopted. Spearheaded by a PPP-led While the newly created local govern- government, and endorsed by all main The democratically elected PPP govern- ments struggled to produce results under opposition parties, passage of the 18th ment decided to undo the extensive the control of over-empowered provincial Amendment in 2010 was a hallmark devolutionary process put in place by governments under the PML-N led accomplishment of civilian governments. General Musharraf instead of trying to government (2013 to 2017), the result of Hailed as a sign of democratic deepen- reform it. The PPP government did the general elections of 2018 created ing, this constitutional amendment aimed manage to secure consensus amongst all further complications for the local to devolve significant powers from the major political parties for the need to government system when power shifted central government to the provinces. It devolve power from the federal to the from the PML-N to the PTI. The provinces also mandated the formation of local provincial level. The 18th Amendment had achieved some autonomy from the governments to bring the government enabled devolving various key subjects center, so the PTI’s takeover at the center closer to the people. However, despite (17 ministries in total, including health, did not directly threaten the functioning more than a decade, the goal of devolv- education, social welfare and environ- of local governments. However, the fate ing power down to more localized levels ment) from the centre to the provinces. of local governments was jeopardized of government remains an elusive goal. where the power dynamics shifted at the However, devolving power beyond the provincial level, as happened in the case The devolution of power is vital to help provincial level did not prove easy. of Punjab, where PTI managed a narrow deepen democracy in any country. Pakistan did not have functional local victory over the PML-N. The over- Devolution primarily aims to delegate governments for several years after empowered provincial government led powers from the central government to democracy returned to the country in by PTI in Punjab immediately choked the local tiers of government, and it can help 2008. This period included the entire earlier local governments because they make governance structures more tenure of the PPP government (2008–13) were dominated by the PML-N. In KP, the efficient and responsive to local needs. and the initial years of the previous PML-N PTI saw no need to dissolve the local This article will take stock of Pakistan’s government. All provincial governments government structure (as it was already recent experiences with the devolution of slow-walked the formation of local dominated by PTI), and they could run power and it will highlight the evident governments until 2015. As the local their course under the supervision of the impediments which have prevented government acts were formulated by provincial government until their term consolidation of robust local govern- different provincial governments rather expired in August 2019. In January 2019, ments (at the district, tehsil and union than imposed on the provinces by the the four-year tenure of struggling local council levels). Understanding these federal government, the scope and scale governments in Balochistan ended. In issues is especially vital in heteroge- of devolution and its associated powers May 2019, the PTI government was able neous countries like Pakistan. and functions varied from province to to use the provincial assembly to dissolve province. In Sindh and Punjab, the local all local governments in Punjab (although Pakistan’s experience with devolving government laws were more centrist, and their terms were not set to expire till power under both its military regimes and provincial governments kept a tight rein January 2020) through controversial authoritarian democratic governments over local governments. In Punjab, local legislation passed by the Punjab remains lackluster. Till the passage of the governments were dominated by the Assembly. The MQM and PPP dominated 18th Amendment, it was primarily military PML-N, with very few local officials local governments in Sindh, however, 07 managed to continue functioning (till their agreed to hold local government across the country has in turn been used tenure lapsed at the end of August 2020), elections by November this year, but to justify calls for the 18th Amendment to although these local governments were these have yet to occur. The tenure of the be reviewed. Yet, rather than trying to also caught up in the political tussle local governments in Sindh has now also recentralize power, it is important to between the PPP and the MQM. lapsed, but it is unlikely that the province realize that the real problem lies not as will be able to hold elections in time, given much with the 18th Amendment itself, as it The ongoing power struggles between the ongoing contestation between the does with the reluctance of provinces to political parties have created a power PPP and the federal government over the devolve fiscal and decision-making vacuum at the local level. Villages, towns, demarcation of electoral constituencies. powers down to appropriate local and even the largest cities across the government levels. Given a future country, are once again at the mercy of Playing politics with the local government scenario where South Punjab might non-representative bureaucrats, and system has led to the weakening of the become a reality and GB and AJK are subjected to machinations of political essential state-society social contract given provincial statuses, the need for rivalries. What has been happening in leading to marginalisation, group effective local governments will only Karachi, the single largest revenue grievances and conflict, and undermined become more necessary, or else the generating city in the country, is a case in social resilience in the country. In its first mere creation of more provinces will not point. ‘COVID-19-Pakistan Socio-economic be able to bring meaningful change to the Impact Assessment and Response Plan’, lives of ordinary people. The PPP dominated provincial assembly the United Nations rightly observed that remained reluctant to help the MQM many local governments around the Despite political rhetoric, political effectively run Karachi, while at the same world were at the forefront of the current patronage and elite-led development time resisting the Center’s interference in COVID-19 crisis, but in Pakistan these policy priorities still hold sway, even trying to address evident failures of institutions remain disconnected from though they do little to alleviate the responding to the needs of the megacity, citizens because they are still saddled inequitable distribution of resources including lingering problems like with a governance style which is top across and within different regions of the municipal garbage collection. The PPP down, reactive, and authoritative. country. The role of effective and has also resisted federal interference in adequately empowered local govern- the aftermath of the recent flood disaster With provinces going their own ways, it ments is vital for making governance which has wreaked havoc in the has seemingly become difficult to more accountable and achieving the megacity. spearhead a comprehensive response to ambitious Sustainable Development tackle key challenges facing the country Goals. Pakistan has managed to emerge The elections for provincial governments on pressing human development relatively unscathed from the COVID-19 in Punjab, Balochistan and KP should challenges in the health and education pandemic, yet there are major climate have been held within the stipulated sector, or to deal with impending related and human development period of 120 days, but all three provincial environmental challenges. Some have challenges which continue to pose governments have been dragging their also argued that the transfer of a large imminent threats to the country. feet. It seems highly unlikely that percentage of federal revenues to the Meaningful devolution of power has the Balochistan will be able to take the lead provinces after the 18th Amendment has potential to help address grievances again in holding the next round of local left limited fiscal space for the federal within and between all the provinces, to government elections under the 18th government to invest in human capital contend with the neglect of marginalized Amendment. The PTI governments in and economic development goals. The groups. Punjab and Khyber Pakhtunkhwa had lackluster state of social service delivery

08 Opinion

Federalism and Pakistan

federating units (state/province). described the 'Pakistan state' as a Federations also have different levels of federation. In the Constitution of 1962, centralization to suit their styles of under Field Marshal Ayub Khan, the State governance and tiers of government. was described as a 'republic' and the Federalism, generally, follows federal and federal government as the 'central provincial sets of law i.e. federal laws are government'. The control of the center seen to strengthen standardization and over legislative, economic and adminis- inter-connectedness; whereas the State trative powers, has historically created or Provincial laws are expected to be scrimmage with provinces, especially more responsive to local issues.² The when federal and provincial governments political system, generally, has two have not been of the same political party. divisible sets of 'Lists' for the federal and It has been a contentious state of power provincial level; however, there can be sharing both under the civil and military another called concurrent list that is rule. The security impediments, in shared by both levels but in-case of Pakistan, led to the rise of nationalism of Fauzia Yazdani dispute, the federal government prevails. another level/type, that helped create a political narrative in favour of more What is Cooperative Federalism? A term centralization and reduced provincial Social Policy Advisor that takes the discussion of federalism autonomy.⁴ Under the Martial law from dual federalism to intergovernmen- regimes, cooperative federalism was tal relations in which national, state, and anchored more at a local government The term federalism is derived from the local governments interact cooperatively level. Latin word Foedus which means treaty, and collectively to solve common pact or covenant. Federalism is used to problems, rather than making policies The weakened politician, democratic denote a system of government that is separately but more or less equally or practices, functioning of parliament and shared between a central/federal clashing over a policy in a system elected governments has contributed to government and its federating units i.e. dominated by the national government.³ re-initiation of debate in public discourse states or provinces. It creates a relationship in which the regarding what suits Pakistan: centraliza- national or federal government can tion or devolution? The debate attempts A.V. Dicey, an eminent British constitu- influence the policies and functioning of to scale back the 18th Amendment to the tional scholar, is known for his work on the State/Provincial governments, often Constitution, in 2010, which is recognized principles of parliamentary sovereignty. through fiscal means. It recognizes that as the corner stone of the devolution, He defined federalism as 'a political governmental tiers not only have over provincial autonomy and most compre- contrivance intended to reconcile lapping functions, administration and hensive political reform package since national unity and power with mainte- legislation, but also have a distinct 1973. nance of state rights'. A global overview policymaking sphere; where citizens and informs that countries having heteroge- organized interests can access, contrib- Political economy of federalism in neous and multi-ethnic population have ute and influence public policy. Existence Pakistan has been on shaky grounds adopted the federal form of government.¹ and authority of each level of government since 1940. The Lahore Resolution of The core reasons for this are that, (a) It is constitutionally governed. It is com- 1940 promised autonomous and provides inclusive options for division of monly expected and acknowledged that sovereign status to the constituent units. power among different tiers of govern- federalism will adequately be protected The Quaid-i-Azam had rejected the ments; (b) Assures system of representa- through the political processes by the federal part of the Government of India tive democracy; (c) Envisages devolution stakeholders. Act of 1935 because it envisaged an all- of power mechanism i.e. autonomy to powerful center. The authors of the 1973's States/Provinces; and, (d) Protects the Pakistan was meant to be a federation. All Constitution had categorized the debate rights of minorities and vulnerable constitutional proposals, from the of centralization/decentralization in three citizens. Objectives Resolution and Basic broad categories i.e. legislative, fiscal and Principles Committee's (BPC) three political. It retained the three list of Federalism has division of power reports, to the constitutions of 1956 and subjects as elaborated in the Govern- between central government and its 1973, except for the constitution of 1962, ment of India Act 1935 i.e. the Federal,

1. For instance one such study is by Jerg Gutmann and Stefan Voigt (2017) “Why Adopt a Federal Constitution? And why Decentralize? – Determinants Based on a New Dataset.” ILE Working Paper Series, No. 6, University of Hamburg, Institute of Law and Economics (ILE), Hamburg. Available at https://www.econstor.eu/bitstream/10419/157659/1/ile-wp-2017-6.pdf 2. Roderick M. Hills Jr. “The Political Economy of Cooperative Federalism: Why State Autonomy Makes Sense and ‘Dual Sovereignty’ Doesn't.” University of Michigan Law School. Available at https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1964&context=mlr 3. Ibid 4. Mansoor Akber Kundi & Arbab Mohammad Jahangir (2014), “Federalism in Pakistan: Issues & Adjustment.” Available at http://pgil.pk/wp- content/uploads/2014/12/Fedralism-in-Pakistan1.pdf 09 Provincial and Concurrent list.⁵ This elected federal governments to treat scientist in his analysis said, "…after heavy pro-federation bias in the division provinces as subordinates rather than decades of being run from Islamabad, of subjects has characterized all confederating and/or cooperating units. provinces will eventually have the right to constitutional arrangements in Pakistan legislate, to control their own education since the Government of India Act 1935.⁶ Federalism, as a symbol of shared programs and significantly more of their sovereignty, has remained somewhat finances, among other things, a difficult The list of subjects shifted from three elusive in Pakistan. The Sitting Minister retooling that could lead to even more (federal, provincial and concurrent) in for inter provincial coordination is of the instability if it is not handled delicately."¹³ 1935 and 1956, to one (federal) in 1962, to view that the Constitution of 1973, has Equally important was the fact concern- two (federal and concurrent) in 1973, with based Pakistan's governing system on ing the capacity of the provincial residual powers lying with the provinces cooperative federalism-'one in which government to address issues of gigantic (1962, 1973). The federation penetrated federal, provincial and local governments nature. The successful devolution deep into the domain of the concurrent must work with each other collaboratively warranted provincial and regional list. The authors of the 1973 Constitution and collectively'.¹⁰ Whereas, the various integration as well, in a way where may have wanted to establish uniformity analysis of the constitutional and political Balochistan and Gilgit-Baltistan required of practice, through subjects in the history of Pakistan suggests that although more focus. Concurrent list. However, the concurrent Pakistan is a formal federal system and list was seen as another tool for central- fulfils minimum requirements of A deadline of 30th June 2011 was set for ization. Provinces have been contesting federalism, it has had strong under the transfer of ministries from the federal to remove this list because its construct currents for centralization e.g. through to provincial governments. One of the allowed the federal government to Article 149.¹¹ In its attempt to align with recommendations was that the Special always prevail over them in case of a cooperative federalism, Pakistan has P a r l i a m e n t a r y C o m m i t t e e o n conflict. The federal bias comprehen- gradually been moving towards relative Constitutional Reform SPCCR should sively defined the taxation structure liberalization of the principles of coordi- remain in charge to oversee the process; through the list of subjects. The authors of nation and cooperation among and whereas, a devolution commission was the 1973 Constitution had envisaged between provinces and the Center. also proposed for the same. In the end, validity of the Concurrent List for 10 years, However, federal governments under the government constituted a 9-member which got undone in 2010 through the both civilian and military set-ups, were Implementation Commission for 18th Amendment. seen to have a tendency to control the Constitutional Reforms (ICCR) headed by purse and policy at the cost of provinces. the SCCPR Chairperson. ICCR was Fiscal decentralization is a critical designated with the task of implementing element of provincial autonomy and The oft asked question in the discussion the policies, decisions and directives, devolution. It is gauged through the ratio of federalism/cooperative federalism is reviewing laws, rules and regulations, of provincial/sub-national revenues and that what happens if harmonious and monitoring the administrative expenditures to the national revenues relationship breaks down and federating mechanism to bring about the transition and expenditures. These are detailed units refuse to cooperate? What options in the federal structure. Despite the through the award of the National would then be available with the federal deadline, there were concerns about Finance Commission (NFC)⁷ that dates government to have the federal policy(s) absence of a designated and time bound back to 1974. Provincial Finance implemented? Would it be constrained to process/road map for shifting various Commissions (PFC) were constituted in be dependent on the voluntary participa- ministries and their staff from the federal 2001.⁸ The last, 7th NFC Award, was tion of provincial and local governments? to provinces. Unfortunately, not having issued in 2009 and has not been The 18th Amendment was a long-awaited one was the lead contributor to the renewed despite the option of renewabil- step towards improving strained federal- slower roll out of the 18th Amendment. ity post five years.⁹ provincial relationships; to strengthen the working harmony; and recognition of The resource transfer is a constant Elections at the provincial and local level constitutional overdue to the provinces. It source of tension between the federal are taken as the 3rd critical element of led to the establishment of a local and provincial governments. The 18th decentralization; and an indicator to government system as mandatory. The Amendment is acknowledged as the measure political decentralization. The 18th Amendment was an outcome of most progressive step to strengthen political history of Pakistan has recorded political consensus for the provincial fiscal federalism. A major breakthrough succession of martial laws that impacted autonomy. It amended almost 101 Articles came in 2009, when the 7th NFC Award the operational/functionality of the ideals of the Constitution and contributed to the increased the provincial share of the of a federation by resorting to centraliza- development of participatory federalism divisible pool from 47 percent to 56 tion of power, bureaucracy, administra- in the country .¹² percent for 2010-11, and to 57.5 percent tion and focus on local governments. The for the following four years.¹⁴ This was the practice has also been used by the Rasul Bakhsh Rais-leading political direct outcome of political consensus in

5. Story of federalism in Pakistan by Owais Mumtaz - SSRN-id3152176.pdf 6. Dr. Mohammad Waseem (2010), “Federalism in Pakistan.” Available at http://www.forumfed.org/pubs/Waseem-Fed-Overview.pdf 7. NFC draws strength from Article 160 of the Constitution of the 1973. Its validity is for 5 years. It contains certain types of taxes such as (1) income taxes, (2) general sales tax on goods and services, (3) wealth taxes, (4) capital gains taxes, port taxes, excise duties and industrial taxes, etc., which are collected in each province. These are then pooled and redistributed according to the NFC formula. 8. PFC is a formula for the distribution of resources among the districts in their respective province. The formula includes both transfers- the development transfer and current transfers. The purposes of the current transfers are to ensure the maintainability of existing services at the districts level and of the development grants to minimize the intra- district poverty and inter-districts income differential. 9. Revenue distribution under 7th NFC – www.finance.gov.pk 10. Dr. Fahmida Mirza, “Cooperative Federalism.” Available at https://www.thenews.com.pk/print/643871-cooperative-federalism 11. The Article 149 of the Constitution is a powerful tool with the federal government to intervene in any province to protect it from internal disturbance and to ensure that its government is carried on in accordance with the Constitution. (Syed, A. 2006) 12. Abolishing the concurrent list in principle, transferring the residuary powers to provinces; Restoring parliamentary sovereignty by repealing Article58(2)(B); Expanding the jurisdiction of the Political Parties Act to FATA, thereby encouraging political parties to field their candidates from that region in future elections; Making the CCI a more substantive body; Restricting the space for issuing presidential ordinances; Providing for the Chief Election Commissioners appointment on the basis of agreement between the government and the opposition; Establishing a Judicial Commission comprising 7 members, including 4 judges, the law minister, the attorney general and a representative of the Supreme Court Bar Association; and Re-naming NWFP as Khyber Pakhtunkhwa. 13. Inverted reading of the 18th Amendment by Tahir Kamran. Available at https://www.thenews.com.pk/tns/detail/567606-inverted-reading-18th-amendment 14. The Award changed the ratio of distribution of resources to provinces: Punjab 51.74 percent, Sindh 24.55 percent, NWFP 14.62 percent and Balochistan 9.09 percent. (NFC Award, nd: 4) The NFC Award with the commitment that the provinces share will not be less than in the previous Award. 10 making and in support of the 18th majority, to exercise provincial autonomy. government, remains a contesting Amendment. It led Punjab to accept a 'The excuse is that these provincial ground. decrease in its share; doubled the share governments are run with less than bona of Balochistan; and expanded the criteria fide intent, or by less-than-capable Khyber Pakhtunkhwa (KP) and Sindh for Award.¹⁵ The new criteria of sharing of representatives'.²⁰ These excuses are have had strained relations with the resources included; population 82 pronounced for provinces where the current and previous federal govern- percent, poverty 10.30 percent, revenue government is held by a political party ments. The contesting issues have been generation five percent and inverse which is not in power at the federal level- 18 subjects which are under joint control, population density 2.7 percent. The e.g. Sindh. However, the current control census, public debt and natural concurrent list was abolished that led to of the Punjab government, by the federal resources; that require to be settled transferring 40 of its 47 subjects to government, both being led by the same through the platform of the Council of provinces.¹⁶ Among others, it strength- political party, has put a dent of another Common Interest. The 2013-18 provincial ened the Council of Common Interest level in the concept of provincial governments of Balochistan and KP (CCI)¹⁷; empowered provinces to raise autonomy. criticized the federal government on not loans at home and abroad; issue security being provided with what was mentioned guarantees on the provincial consoli- Lack of effort on part of the political in article 158 of the constitution. Each dated fund; and gave the sales tax on stakeholders to not develop a consensus province has the right to utilize its services (but not on commodities), to roadmap for equitable distribution of resources and meet its requirement of oil provinces. power has impacted the implementation and gas, which is not the case in practice. of the 18th Amendment. The abolition of Though the government has devolved Politically, the evolution of the 18th the concurrent list was taken with a pinch the Ministry of Power to the provinces but Amendment was seen to have been of salt by the bureaucracy at the federal revenue collection still rests with the anchored in the Charter of Democracy.¹⁸ level which perceived it as letting go of federal government. In this way, the However, its critics were of the opinion legislative powers of the federal govern- amendment has taken away the legisla- that it left much to be desired. The ment. Hence, lack of will of the bureau- tive and executive powers of the political will of the leading political parties cracy on institutional transferring of provinces. Meanwhile the mining sector was constrained to serve their respective federal authority of specified depart- is with the federal government which is party interest rather than being compliant ments to provincial governments. On the also contested by the provinces.²² The to the spirit of the Charter of Democracy. other-hand, federally appointed senior current debate on release of funds-in Smaller political parties' demand for bureaucrats at the provinces had a dual case of Sindh Federation-is an indicator deepening of regional/provincial responsibility and accountability that led of the same, besides exerting political perspective and institutional strengthen- to widening of cracks. Cumulatively it led control at provinces. ing could also not find enough political to delays in the roll out, adoption and traction. 'For example, there was no reaping of benefit from the devolution of The appointment-transfer of senior provision for a Federal Constitutional power under the 18th Amendment for the f e d e r a l b u r e a u c r a c y - t h e C h i e f Court; no merger of FATA in Khyber provinces. It has hit fresh and next level Secretaries, Departmental Secretaries Pakhtunkhwa; no independent account- snags under current federal government. and Police chiefs in the provinces, ability commission to replace NAB; and especially in case of Sindh and Punjab, is no accountability of ISI and MI to civilian Articles 141-147 of the 1973 constitution not only reflective of current political authority. Some claimed that the 18th deal with the relations of the federal stress but an indicator of how centralized Amendment, much like the 1973 government with the provinces. Lack of a control through bureaucracy was seen to Constitution itself, did not provide for an synchronized handholding between be against the spirit of devolution. independent Election Commission, an federal and provincial governments led to independent judiciary, an independent delays and to-date, the actualization of The current federal government has commission for accountability and a provincial autonomy has a need for do been attempting to develop a counter mechanism for a third tier of government more. The critically important misses in 18th Amendment narrative under the at the local level'. Some found that the this regard, at both the federal and argument that it has constrained fiscal Amendment diffused the demand for provincial level, include not having a new space and share for the federal level to provincial autonomy more rather than NFC award; non-functioning of PFC; and initiate development work. Flexing addressing it frontally and, averting the withheld local government (LG) systems. federal power has also been recorded by re-opening of the thorny issues of LG is critical to the devolution/decentral- taking control of federal institutions in the administrative and fiscal decentraliza- ization that needs attention from all provinces. One such attempt ended up in tion.¹⁹ political stakeholders. 'One has to do with the Supreme Court as well. In 2019, the devolution and the other, related but Sindh government approached the Federalism and cooperative federalism separate, to do with fund-sharing Supreme Court in a case where control are terms co-opted from the United arrangements between the federation from three of its major hospitals was States of America. The Pakistani use of and the provinces: the vertical part of the taken away from Sindh, by the federal the concept of federalism, at present, is to National Finance Commission formula'.²¹ government, on the premise that they fell nearly the opposite outcome-a central- Release of provincial share of revenue under entry 16 of the Federal Legislative ized minority resisting its confederat- and control of federal projects and List. Justice Maqbool Baqar, in his ing/cooperative units, who are the institutions in provinces by the federal dissenting note, wrote that 'one must

15. The addition of backwardness, revenue generation, inverse population density along with population are factors to determine horizontal distribution (among provinces) to make new NFC award acceptable to all federating units. 16. Dr. Mohammad Waseem (2010), “Federalism in Pakistan.” Available at http://www.forumfed.org/pubs/Waseem-Fed-Overview.pdf 17. Through Article 153 of the 1973 Constitution that led to strengthen of the Council of Common Interests (CCI) by extending membership; meeting routine; to take care of disputes between the Centre and a province or between provinces; & presentation of report to parliament. 18. Text of the Charter of Democracy (2006). Available at https://www.dawn.com/news/192460/text-of-the-charter-of-democracy 19. DAWN, Zulfiqar Halepoto (2010), “18th Amendment: Do more.” (letter to the editor). 20. Moiz Jafri (2019) “Diluting provincial autonomy.” Available at https://www.dawn.com/news/1491192 21. The News on Sunday, Tahir Kamran, “Inverted reading of 18th Amendment. Available at https://www.thenews.com.pk/tns/detail/567606-inverted-reading-18th-amendment 22. Dr. Adil zaman, Fazli Subhan, Dr. Mohammad Ali & Prof Dr. Abdul Qadir khan. “18th amendment & provincial autonomy: challenges for political parties.” Available at https://www.researchgate.net/publication/335378299_18th_Amendment_Provincial_Autonomy_Challenges_for_Political_Parties

11 resist conflating the State with the federal provisions should thus be in consonance created Pakistan; and that they are not government as the provincial and also the with this principle, rather than in a manner the creatures of the federation. After local governments too constituted the that encroaches upon the space reserved giving the units their due, the federation State. The State's obligation with regard for the province.”²³ These are core will become a smart polity, its non- to fundamental rights is, therefore, to be impediments for the future of cooperative productive expenditure will come down, fulfilled and discharged by all tiers of the federalism, federalism and provincial the feeling of alienation among communi- government and all organs of the State as autonomy in Pakistan. ties and nationalities constituting the per their power, authority, obligation, and federal units could die out and Pakistan competence, strictly as prescribed under I.A. Rahman²⁴ is the strongest voice for could become stronger and be at peace the Constitution. The spirit and soul of the cause of federation and best with itself. I feel Pakistan's future lies in federalism is distribution of legislative summarizes the issue. According to him, having more of democracy and more of powers between the federation and the the provinces' right of not to be treated as federalism. provinces, with its core being provincial subordinate to the federation lies in the autonomy. Interpretation of constitutional fact that the provincial assemblies

23. DAWN, Nasir Iqbal (2019), “Center shouldn’t be allowed to undermine provincial autonomy says SC Judge.” Available at https://www.dawn.com/news/1485553 24. Ibn Abdur Rehman, also known as I.A. Rehman is a Pakistani peace and human rights advocate, and a veteran communist. 12 Opinion Post 18th Amendment: The Follow-up to Local Governance

that they can have a say in the process of local government in true sense. The local decision making at the local level. It is a government system installed by the medium for poverty ridden labourers, Musharraf regime had its problems but, in farmers, men and women to form an any case, its performance was much opinion and decide about the impacts of better than those introduced by the the development process. Devolution of governments of PPP and PML(N) in Sindh powers’ doctrine has ascribed two key and Punjab respectively. Countries like functions to local government: First, to Pakistan that comprise of a diverse administer the provision of basic goods population need delegation of powers to and services to people and second, be transferred at the lowest levels. engage the public in devising policies to Otherwise, the clientelistic model of cater to their particular needs.² governance in such countries pushes the already impoverished segments of the However, post the 18th amendment, this population further to the fringes. process of delegation of power to local Zain Rafique governments by the provinces has not This process of decentralizing powers gone smoothly and can hardly be from provinces to local governments declared successful. After the promulga- faces a multitude of obstacles.⁴ A dearth Assistant Professor tion of the 18th Amendment, the first of political will among the ruling class of National University of Modern elections of local government could only Pakistan when it comes to devolving Languages be held after four years. Balochistan power to local government, is deemed as remained ahead of other provinces in this one of the major obstacles. They do this regard and began the process on out of the fear of losing their political grip The Parliament of Pakistan passed the December 7th, 2013, but as these over the masses in the face of rising 18th constitutional amendment by a elections were divided into two phases, it political voices.⁵ Moreover, many studies unanimous vote, notified by the Gazette was completed on 28th January 2015.³ have also pointed out the role of of Pakistan on 20th April, 2010.¹ It was one Absence of political will amongst ruling provincial governments in postponing of the most comprehensive amendment elites in the remaining three provinces this process of making the local govern- in the constitutional history of Pakistan, deferred local government elections for ment system fully operational. Second, touching upon and amending 102 out of even more time. On May 30th, 2015, local legislative initiatives to transfer powers 280 articles, which now makes up about government elections on party basis from the provinces to the local govern- 36 percent of the whole constitution. This were held In KP, following the judicial ments have not been well-received by amendment transferred 17 federal proceedings. In the Punjab and Sindh Pakistan’s bureaucracy.⁶ Apart from ministries to the provincial governments provinces, these elections were held on these, other issues and challenges including that of the local government. 20th September after the Supreme Court include but are not limited to, variations in Nevertheless, even after a decade of the of Pakistan ordered this. ruling parties’ interests; administration passage of this landmark legislation, the capacity of districts; mismanagement provincial governments in the federation, Nonetheless, the idea of transferring with division of responsibilities; conflict of with the exception of Khyber Pakhtun- powers to local governments has still not management; limited capacity of services khwa (KP), have not yet delegated the materialized. In Punjab and Sindh, the delivery by local governance system; authority, management and the funds to local governments were very ineffective. stacked resources; insufficient resources municipal governments. It is a well- The reason for this may be attributed to of local revenue administration; and, lack established fact that the Sustainable the new legislation being conceded by of fiscal autonomy. Development Goals (SDGs) cannot be the respective provincial assemblies. achieved without the robust participation These local governments then could not As far as the local government model of of people at the most basic tier of undertake development projects or Punjab is concerned, the ruling Pakistan government and more so in deprived provide service delivery as they lacked Tehreek-e-Insaf made devolution of regions found at the fringes of society. both the authority and money to do so. powers to local government a central Local governments ensure that people Only KP’s provincial government tenet of their governance agenda before have access to fundamental services, and delegated authority and resources to its elections. When it came to power in 2018,

1. Katharine Adeney, "A step towards inclusive federalism in Pakistan? The politics of the 18th amendment." Publius: The Journal of Federalism 42, no. 4 (2012): 539-565. 2. Philip Norton (2020), "Devolution: A disunited union?" In Governing Britain. Manchester University Press 3. Sadia Ashraf and Aisha Shahzad (2020), "Federalism and Provincial Autonomy in Pakistan: A Case of Balochistan." 4. For instance see, Adam Saud, and Kashif Ali Khan (2016), "Decentralization and Local Government Structures: Key to Strengthening Democracy in Pakistan." Journal of Political Studies 23, no. 2 5. Shoukat Ali and Abdul Majid (2020), "Decentralization and Social Development: A Study of Local Government System of Pakistan." South Asian Studies (1026-678X) 35, no. 1 6. Faiz ur Rahim and Nasim Shah Shirazi (2017), "Fiscal decentralization and citizen’s satisfaction from local public service delivery in Pakistan." International Journal of Ethics and Systems (2018). 13 the party intended to introduce similar kept in place by these newly passed laws. Election Commission of Pakistan is local government reforms in Punjab, as it indirectly committing violation of the had successfully implemented in KP. The Surprisingly, the district tier has been constitution. In addition, it undermines scheme was to install a city government abolished but simultaneously, district the good work of the previous local model with the mayor directly in charge of administration has been retained as a government system. Prosperity and all issues in the urban district. Legislations unit. The district administration will be inclusive development can only be like The Punjab Local government Act reporting to the provincial government achieved on the basis of a strong and 2019, and the Punjab Village Panchayats and ultimately controlling the local working local government system in and Neighbourhood Councils Act 2019, governments. Only two tiers-tehsil and Balochistan. are accomplishments of the PTI govern- village/neighbourhood-have been ment in this connection. Meanwhile, the retained. Earlier in 2013, the PTI, in The relationship between civil servants Punjab government brought numerous alliance with the JI, introduced a relatively and local elected representatives began changes in the law-the most egregious bold law, and consequently established a to get complicated after the 18th one being a provision for the selection of local government system which was amendment. Still in the early stages of technocratic members who could then closer to the spirit of devolution and proper implementation, this amendment become mayors-that further weakened provisions of articles 32, 37 and 140-A of aims to reform the public governance of the local government system. No real the constitution. The World Bank, in its the country and improve public service delegation of fiscal powers was made report ‘Pakistan @ 100’, and Ishrat delivery. In order to achieve this, it is earlier in the Punjab Local Government Hussain in his book ‘Governing the incumbent to devolve roles and responsi- Act 2013 as well. Ungovernable’, termed the Local bilities at the local level. The essential first Government Act (LGA) 2013 as a genuine steps in this direction would include the Consequently, the local governments effort and relatively bold attempt towards devolution of most provincial powers, remained short of financial resources and decentralization.⁹ The Act made it except those dealing with inter-local dependent not only on the provincial mandatory that 30 percent of the total coordination. governments but also the bureaucracy.⁷ development spending of the provincial Contrarily, the latest legislation looks government would be given to local In my opinion, futuristic local governance serious in delegating fiscal authority to governments through the Provincial reforms are necessary and an immediate local governments and also in encourag- Finance Commission, keeping in view the requirement for strong national cohesion. ing more robust engagement of people in factors of population, poverty, revenue An analysis of local government acts local governance. collection and lag in infrastructure. I show that local government laws and believe that there is a need to restore the subsequent elections held all over Nevertheless, these laws have their own district tier with more powers, remove Pakistan in 2014-15, can be considered as problems. They leave the problem of the provincial indirect control over local the first step to the devolution of power capacity of local governments of bodies, and make local bodies free from from provinces to the local level. administering their districts. Also, the the clutches of the bureaucracy. Nevertheless, the legal remit of each law eager scope of these laws makes the is limited in scope, excessively deferen- implementation process more compli- Likewise for Sindh, two most important tial to provincial governments, and cated. Further, rural urban disparity may factors as to why local government devoid of any evocative devolution of sharpen with these laws. According to the devolution in terms of administration, administrative, political and financial critics, the Tehsil councils will be deprived financial, and political is imperative are as powers (as directed by Article 37 and of the most skilled manpower as the latter follows: In addition to ethnic division Article 140-A) . will prefer to work in district centers. In based politics, Sindh economy is caught addition to that, these laws still make it between urban industrialized Karachi For effective and empowered local possible for the provincial governments with Port Qasim and Karachi Port as two governments across provinces of to regulate the local governments. Third, commercial seaports and the rural Pakistan, I recommend that current laws how the bureaucracy in Punjab perceives agrarian areas. Ironically, on question of need to be revisited for the provision of this process, will indicate whether it is federal to provincial devolution, Sindh just levels of autonomy to the local going to succeed or not.⁸ yearns for more provincial autonomy but government. Provisions which allow resists further administrative and financial illogical power to government in The latest local government in KP devolution to local government.¹⁰ It is the provinces such as arbitrary powers of completed its tenure in August 2019, but need of the hour to redesign the existing inspection, leaving the affairs of the before that the provincial government local government system in order to District Councils to the bureaucracy, brought some amendments empowering enhance true citizen participation. discretionary removal of elected neighbourhoods and village councils. representatives of the local government The rationale behind this step was to The province of Balochistan has experi- systems and the ability of provincial allow for increased public participation in enced many governance models. governments to exclude areas from the decision making. These amendments Amended Balochistan Local Government purview of the Acts among others, should simultaneously scrap the district level of (BLG) Act 2019, is the latest of all, which is be removed. For effective local government but keep intact, district expected to play a fundamental role in governments which can accomplish and administration, which is unfathomable as the development of Balochistan. Post address citizens’ issues and local affairs the latter will be answerable to provincial 2018 dissolution of local bodies scenario at the grassroots level, far more extended government and will regulate the local presents a grim picture of the future of fiscal supremacies are needed to be governments in any case. The tehsil and local government in Balochistan.¹¹ Unable owed for selected local governments. village levels of government have been to hold local government elections, the

7. Muhammad Salman Khan, "Institutional Design Variance in Local Governments across Pakistan: What has Social Capital got to do with it?." Pakistan Perspective 22, no. 1 8. Ahmad Khawar Shahzad (2017), "Crisis of governance in the bureaucracy of Pakistan: A study of administrative ramifications with apposite policy recommendations." Issra Papers,(2017)15-34. 9. Ishrat Hussain, Y. Reddy, and Ms Sima Kamil (2018), "Governing the ungovernable." 10. Saeed Ahmed Rid and Niaz Murtaza (2019), "The Local Government System In Sindh: A Critical Analysis Of The Sindh Local Government Act 2013." The Government- Annual Research Journal of Political Science. 7, no. 7 11. Asmat Kakar (2017), "Local government and Pakistan’s reluctant political elite." South Asia@ LSE 14 Opinion Goals of Equality and Representation: Does Decentralization Work?

inequality and to strengthen representa- ent on the same constraints that affect tion. In this piece, I look at the space higher tiers of government-mainly the defined by an intersection of Goals 5, 10 availability of resources and capacity. and 16-the creation of inclusive and accountable institutions at the local level The design of decentralization in terms of that can ensure equality to marginalised fiscal transfers from the centre or the populations, especially women, but also ability to raise revenue locally is key in low-income households, minorities, and making resources locally available. But remote populations. How does decentral- some of these measures may well ization work to advance these goals? increase rather than decrease inequality. Central transfers to local government Before we consider this question, a major units are most often formulaic. Much caveat must be addressed. Any answer depends on whether the formula calls for assumes that local government is a equal transfers across sub-units, or for constant and stable system, and that equitable transfers that provide more to Shandana Khan Mohmand what is under discussion is its design or areas and groups that are poorer or less other factors that may hinder its local developed. The latest local government implementation. But such stability has reform, the Punjab Local Government Act Fellow, Governance Team presented the greatest challenge in 2019, recognises the principle of Institute of Development Studies Pakistan. Pakistan has a long history of equalization funds and suggests a University of Sussex local government that dates back to 1959 poverty criterion as part of its formula for but the local government systems fiscal transfers from the province to local instituted by one regime or government units. This means that poorer areas Can decentralization help Pakistan have usually been dismantled by the should receive more. However, it also achieve the Sustainable Development next. Most significantly, local government suggests compensating local govern- Goals (SDGs)? There is no straightforward systems have been instituted by military ments for better performance on service answer to this question. To a large extent regimes but not by democratically delivery, on expenditure management, this is because achieving the SDGs is a elected governments until 2013. The fact and on fiscal effort in collecting taxes. matter of political will as much as it is of that local governments have finally This may have the opposite impact on institutional structures. There is no become a part of the narrative of civilian equity goals. Some local governments reason to imagine that with political will in regimes is encouraging, but the 2013 will perform better on delivery and place, centralized ministries committed to system was weakly instituted and did not management, and especially on tax the eradication of poverty and inequality empower local governments enough to collection, because they are already across the country, and to making quality impact change. better off than other units-because they services accessible by all, cannot do so have richer populations or better through country-wide administrative Furthermore, it is now to be replaced or resource endowments. If this allows them networks. After all, even services that are amended again in parts of the country. to attract significantly higher transfers usually considered ideal candidates for Any analysis of the impact of decentral- from the province than poorer regions, localised delivery, such as quality ization in Pakistan is thus severely fiscal decentralization might increase healthcare (Goals 3), education (Goal 4), constrained by this discontinuous history inequities across different parts of the and access to clean water and sanitation and weak institutionalisation. We can, country. (Goal 6), need strong central policies and however, consider how decentralization direction in order for local implementa- might help advance goals of inequality Furthermore, informal practices and tion to work well. And this is truer of the and inclusion moving forward. politics can also lead to unequal develop- other SDGs on climate change, infrastruc- ment across decentralized units. Some ture development, and economic growth. Decentralization as a reform is essentially local governments may be better placed value neutral-as a system it does not to capture more provincial funds because For some goals, however, decentraliza- automatically achieve improvements in elites in these areas are better connected tion may hold greater promise. The governance unless doing so is an explicit to the ruling party through patronage reduction of inequality (Goal 10), and part of the design of the system, and networks. Once again, there is little especially gender inequality (Goal 5), and connected to political goals of the regime reason to believe that accountability the development of stronger, more at the centre. The history of local linkages are more effective at the local inclusive and accountable institutions government in Pakistan has demon- level than within higher tiers of govern- (Goal 16), may benefit more from strated that the institution of a local ment unless the transparency of decentralized and localised governance. government system will not make decision-making and resource allocation Yet, we usually conceptualise decentral- governance more inclusive or account- are an explicit part of the design and ization as a way of improving the able to people simply by reducing the implementation of decentralization mechanics of service delivery rather than distance between them. Local govern- reforms. Fiscal transfers may remain as a way of reforming local governance in ments' ability to include the most faithfully formulaic, but patronage order to reduce spatial and group vulnerable population groups is depend- networks can deliver in other more

15 informal ways. to enhancing local capacity for demand representation system of electing aggregation, representation, and councillors at higher tiers of local Within sub-units, a distinct policy focus on responsiveness. The first of these is government. This public relations system the inclusion of remote and marginalised effective representation of different will put a woman on each alternate seat populations is required to ensure that groups, especially women. Local on the closed list. This will ensure quotas decentralization does not simply government systems in Pakistan have while putting women on the same ballot reproduce patterns of disproportionate done quite poorly on this. In both General as other candidates, and will thus make benefits accruing to parts of the rural Musharraf's LGO 2001 and the 2013 party resources and other support tehsil or urban municipality that are reforms, reservations for women within mechanisms available to them in the already better off. Decentralization can union councils were based on indirect same way that they are available to male create 'new microgeographies of election. Under the 2013 local govern- candidates. This has the potential for exclusion'.¹ It is not unusual for expendi- ment system, this meant that women even greater impact because it moves ture to be significantly unequal across were elected by eight votes, cast by the from a system of reserved seats to sub-units of local government, nor the (almost always male) six members of the integrating women on general seats. fact that those that benefit disproportion- union council elected on general seats, ately from government expenditures on as well as the chairperson and vice The second key element for enhancing services like health, education, and chairperson of the union. Not surprisingly, local capacity for demand aggregation sanitation are often those populations women councillors were largely discon- and responsiveness is the availability of that are already better off.² nected from voters in their community good data. This has been another major and accountable instead to eight challenge in Pakistan, where understand- Inclusive governance also depends on members of the union council. This was ing the impact of any governance system local capacity. It requires capacity for also true of seats reserved for the is severely constrained by the lack of effective demand aggregation by local representatives of minority groups. systematically collected, usable, and councillors, ensuring that demands from widely available data. Good information, across the whole neighbourhood, village A major sea change, at least in the case of well-constructed measures of exclusion or union make it up the chain to where women, is the institution of direct and inequality, and rigorous research can decisions are made. It requires capacity elections for the reserved women seats in contribute to a better understanding of for the representation of these demands local councils. This means that women how marginalisation is manifested and in decision-making fora, to ensure that candidates will need to campaign across experienced by different groups, and they are part of deliberations within rural the community, and in the process, have how to establish and strengthen inclusive tehsils and urban municipalities. And the opportunity to develop constituen- governance. The lack of good quality, finally, it requires the capacity to distil cies of their own that they can represent. easily accessible, and disaggregated these demands in a systematic manner An important implication of this is that data can make goals of equalization during the planning process to ensure they may connect with women voters across sub-units difficult. responsiveness. Much of this requires inside their homes for their votes, and resources and skills that local officials later for demand aggregation. Our Local governments need to be concep- (both elected and unelected) may not research has shown that women are tualised not just as the structure of have, given that skilled staff are usually politically excluded by the norms of government but as a culture of gover- based at the provincial or district level gender segregation in Pakistani society nance. For a culture of inclusive, repre- and not within small towns. A significant that does not allow access by largely sentative, and responsive governance to investment in councillor and staff training male councillors (or political workers) to become institutionalised, a basic may be required to build capacity for, and women inside homes.³ prerequisite is for local government awareness of, inclusive practice and systems to remain in place over a period procedures within the work of local Goals of gender equality and the of time. This longevity has been the governments. representation of women will be greatest challenge of local governance in advanced further by the introduction of a Pakistan. There are two other elements that are key “zipped” closed list proportional

1. Williams, GO and Thampi, BV (2013) “Decentralisation and the changing geographies of political marginalisation in Kerala.” Environment and Planning A: international journal of urban and regional research, 45 (6). 1337 – 1357. 2. Reinikka, R., and J. Svensson. 2004. “Local Capture: Evidence from a Central Government Transfer Program in Uganda”. The Quarterly Journal of Economics 119 (2): 679–705; Cheema, Ali and Shandana Khan Mohmand. (2007) “Decentralization and Inequality in Pakistan: Bridging the Gap that Divides?” (with) in M. A. Saqib (ed.), Devolution and Governance: Reforms in Pakistan, Oxford University Press: Karachi. 3. Cheema, A.; Khan, S.; Mohmand, S.K. and Liaqat, A. (2019) “Invisible Citizens: Why More Women in Pakistan Do Not Vote,” IDS Working Paper 524, Brighton: IDS 16 Interview

Kamran Khan Bangash Special Assistant to Chief Minister Khyber Pakhtunkhwa for Higher Education, Archives, Libraries, Information and Public Relations, PTI

What is your view on the devolution of power in Pakistan? carried out several amendments in the Local Government Act, based on our learnings. Unfortunately, COVID struck and the According to Article 140-A, the responsibility of holding local process could not be carried out timely. However, we will soon be government elections and establishing a local government setup introducing a two-tier system where the focus will be on that is politically, financially and administratively independent and improving service delivery at the levels of tehsil local government accountable, rests with the provincial governments. and village council.

In this regard, the former government of Khyber Pakhtunkhwa The KP government will soon be conducting local government (KP) carried out local government elections in 2015 based on a elections to establish a robust, people friendly and people three-tier system and a robust mechanism. It remained successful centered system, once the uncertainty of COVID diminishes. The for four years. Local government representatives were allotted 30 benefits of this are meant for the citizens of KP, the end users. This percent of KP’s Annual Development Budget. I was also part of system will focus on improving service delivery at the grass roots this very system. level. We are currently in the last phase of preparation in establishing an exceptional system of local government where Once the former government’s term ended in August 2019, we municipal services delivery will be taken to another level.

17 Interview

Inayatullah Khan Former Minister of Local Government, Elections and Rural Development Khyber Pakhtunkhwa Assembly, PTI

Has the local government system in Pakistan been successful streamlining this process, both in terms of planning and post devolution? Why or why not? implementation?

The real question is whether local government has had any There has been limited support from the federal government. impact at all post devolution. In my opinion, the impact that it was Provinces have carried out their legislations in complete silos. supposed to have, it did not. The legislation was not carried out During my tenure as a minister for five years, I never saw any according to constitutional spirit. The local government act that initiative in this regard. was passed initially, has not come into effect in true spirit. There have also been problems in implementation. How can well-designed local government reforms strengthen Pakistan’s federal democracy? While the concept was revisited after four years with radical changes done, the impact has been very limited owing to a lack of Here lies a missing link. While both the federal and provincial continuity in implementation. governments are present, there is a lack of participation from the district tier. Owing to this, there is a lack of bottom-up planning. What challenges have been observed for local governments? While the local government system provides leadership-several minsters such as Mr. Pervez Khattak and myself have emerged The first challenge is political and bureaucratic elite, who come out of that system-the fact that it has not been strengthened has with the mindset of no power sharing. limited its effectiveness. This has resulted in a weak federal democracy. Second, although duration is defined in the Election Act 2017, in the fact that elections should be held after 90 days, however, Given the cost of devolution was high, was there any there is no constitutional guarantee in this regard. synchronization/hand-holding between the federation and provinces in order to support the process? Third, provinces are dependent on federal transfers, and districts are dependent on provincial transfers. The transfer process is not There was no support from the federation, however, it also did not smooth and has several gaps. pose any challenges. Moving forward, it is important the provinces take up more responsibility. Fourth, financial issues also remains a significant challenge, with weak indigenous revenue generation. The original amount As provinces wait for local government elections and pledged to the provinces is not transferred. administrative structures undergo changes based in revised Local Government Acts, what more needs to be done moving Administrative control is another challenge. Despite the forward? existence of elected bodies, districts are controlled by provincial governments through administration control and hence that Positive developments are needed. There needs to be a safety renders districts unable to function independently. net in the constitution for continuity. There should be a constitutional amendment. Local government acts should be Overlapping of the roles of elected representatives at both implemented according to spirit, and not just on paper. Financial provincial and district levels, is also an issue, along with a lack of transfers need to be smooth. More space for revenue generation capacity. powers for local government must also be given. The overlapping of roles needs to be revisited and avoided. The Election The entire machinery of local government needs to be revisited. Commission of Pakistan must play a proactive role in conducting elections. Time lapses in local government elections are very What has been the support of the federal government in harmful. All these gaps need to be addressed moving forward. 18 Interview

Nafisa Shah Member National Assembly, PPP

Has the local government system in Pakistan been successful take decisions on matters between the federation and provinces. post devolution? Why or why not? However, the central government has never tried to empower this body, adding further difficulty to the relationships between the Local governance in my view, is one of the most important centre and the provinces. questions that has yet to be resolved in Pakistan. So far, the local government systems introduced in different provinces lack As provinces wait for local government elections and coherence, and mostly remain limited to being only a cosmetic administrative structures undergo changes based in revised transfer of power. Local Government Acts, what more needs to be done moving forward? The federal structure of Pakistan empowers the provinces which have largely been unable or unwilling to devise systems that Moving forward, a national dialogue aimed at consensus building transfer power to local bodies. on local government structures and devolution needs to be conducted. This must involve the Chief Ministers, the Prime What has been the support of the federal government in Minister, and local council mayors. streamlining this process, both in terms of planning and implementation?

This issue has to be taken up at the level of the Council of Common Interests (CCI), a constitutional body that is mandated to

19 Interview

Dr. Aisha Ghaus Pasha Member National Assembly, PML-N

What is your view on the devolution of power in Pakistan? we see.

18th amendment, along with the 7th NFC Award, have been The 18th amendment has empowered and strengthened the major milestones in the fiscal devolution of Pakistan. Even though federation by strengthening provincial presence in the Council of the 18th Amendment was implemented, I do not think that the Common Interest and National Economic Council. Now, the federal government implemented it whole heartedly. A number of federal government should convene regular meetings and issues continue to remain and there is some evidence which attribute significance to the issues. This will lead to strengthening points towards reversion on the 18th Amendment, as a lot of of the federation which in turn will streamline the devolution of devolved functions and ministries/divisions which were power from federal to the provinces, and then from provinces to abolished following it, have been re-established in the federal the local governments. I feel that this will strengthen the government under different names. We see a number of issues federation by improving accountability and ensuring people’s continue to remain unresolved, such as labour issues, workers’ participation in decision making, as the lower the tier, the closer welfare fund, trustee properties and so on and so forth. There are the government is to the people. This will also improve service a number of such examples and more, that can be quoted delivery. regarding unresolved issues following the 18th amendment. The tendency to hold on to power and not delegate is a common What needs to be done? The federal government needs to look occurrence in the political side as well as bureaucracy. Hence, if through this, and they need to do two things: One, really devolve provincial governments are handed over functions as per the 18th as per the letter and spirit of the 18th amendment, the functions to amendment, they will do a good job at it, and according to local the provincial governments, and second, restrict themselves only government acts, the 18th amendment also strengthens local to the Federal Legislative List-I functions. The concurrent list governments and recognizes them explicitly. The manner in functions which were abolished because of the 18th amendment, which provinces have handled the collection of sales tax on should be devolved to the provinces and the provinces be services and improved tax collection delineates their effective granted the authority to look after them. Holding back on power is service delivery. Hence, devolution at that stage will also be not the right way forward which is reflected by these Acts which good, not only for accountability, but also for service provision.

20 Interview

Ahsan Iqbal Former Minister for Interior and Planning, Development and Reform Member National Assembly, PML-N

What has been the support of the federal government in spelling out a clear framework to provide continuity to local streamlining the devolution process, both in terms of planning bodies like national and provincial assemblies. Effective local and implementation? bodies can build greater confidence of the citizens in the democratic process, in order to serve their needs better. Devolution through the 18th amendment was a historic milestone in Pakistan’s constitutional history. Concurrent list in the As provinces wait for local government elections and constitution was abolished and fifteen federal ministries were administrative structures undergo changes based in revised devolved to the provinces. In my view, the post devolution Local Government Acts, what more needs to be done moving implementation plan was done in haste with the sole purpose of forward? offloading the devolved ministries from federal to provincial governments. There was no proper transition plan worked out to Under the 18th amendment, while many functions have been develop new capacities in the provinces and to create linkages devolved to the provinces, the provincial functions have not been among provinces for effective coordination in order to achieve further devolved to local bodies, making provinces a very top national goals in the devolved sectors. heavy structure. There is a need to redistribute provincial functions between provinces and local bodies, in order to provide How can well-designed local government reforms strengthen local bodies a greater stake and role in democratic governance. Pakistan’s federal democracy? Moreover, funding for local governments remains a major issue. Provincial Finance Commissions need to make fair awards. For Effective local governments hold key for good service delivery in quality service delivery, local bodies need quality human any democratic system due to their grass root level presence. resource, which is lacking. Local government service structures in Weak local governments in Pakistan have been a major handicap terms of recruitment, development, promotions and in making democracy work in Pakistan. Article 140-A provided compensations, needs major reform. constitutional cover to local governments but is vague in terms of

21 Interview

Shandana Gulzar Khan Member National Assembly, PTI

Has the local government system in Pakistan been successful and power to local governments, runs counter to post devolution? Why or why not? constitutional provisions; Ÿ Resistance to the emergence of young new political leaders In my personal opinion, local government in Pakistan, in particular who may establish new power bases; and, post the 18th amendment, has not delivered. Ÿ Both the federal and in particular, the provincial bureaucracy, Devolution is a process aimed at ensuring that governance have shown a clear reluctance to provide resources and structures are responsive to the needs of the local populace services to the lower tiers of government. instead of a top-down approach. It is twice as important in Pakistan, given large portions of the population are facing a As provinces wait for local government elections and patronage-based ideological system of no delivery. administrative structures undergo changes based in revised Local Government Acts, what more needs to be done moving Paradoxically, each time Pakistan has witnessed structural forward? reforms in local bodies and moved towards decentralizing government control, it has taken place during a military Ÿ Creation of a federal mother institution to complete the dictatorship. This is one of the biggest reasons that accounts for a devolution process; reluctance of “democratically-elected” governments to cement Ÿ Methodology for ensuring that reserved seats are provided those reforms. This in turn, results in a reluctance to endow the on merit not patronage; local governments with decision- making power and resources. Ÿ Devise effective mechanisms to ensure implementation, What challenges have been observed for local governments? monitoring and accountability; Ÿ Ensure fiscal devolution in addition to authority with strict Ÿ Legitimacy of the reform is the first main roadblock (Given that checks and balances as well as central oversight; reforms have been used by successive military dictatorships as a method to gain legitimacy and bypass the political Ÿ Training and capacity-creation of local officials; and, process); Ÿ Create information portals for effective citizenry. Ÿ Reluctance of provincial governments to transfer resources 22 Interview

say that again

“...address the risk of ‘elite-capture’ at the local government level.”

Amjad Bhatti Chief Technical Specialist Reconciliation and Federalism Support UNDP Somalia

Has the local government system in Pakistan been successful directions, and decisions of provincial governments will have post devolution? Why or why not? overriding effect on policies, directions, and decisions of local governments as these are bound to work within the framework of The local government system in Pakistan always remained a key provincial governments. For example, in Sindh, the provincial area of control and contestation for both military and civil government can take over the management and control of any administrations. We have consistently seen two patterns in this institution or service maintained by a local council/government. regard: decentralization without democracy and democracy In Punjab, the establishment of Health and Education Authorities without decentralization. However, Article 140 (A) was adopted by in 2015 emerged as an administrative anomaly as they take away the 18th Constitutional Amendment (2010) which reads: “Each the functions of two key sectors from elected councils and vests Province shall, by law, establish a local government system and authorities in officers to be appointed by the provincial devolve political, administrative, and financial responsibility and government-without any explicit communication and authority to the elected representatives of the local coordination link with local governments. Apart from deficient governments.” legislative frameworks, the local governments across the country faced challenges in terms of transfer of power and resources. Nonetheless, this was in 2015, almost five years after the 18th Amendment, that the apex court, while adjudicating the matter in What has been the support of the federal government in the spirit of public interest, directed provincial governments first streamlining this process, both in terms of planning and to initiate required enactments in line with the constitutional implementation? command and, second, to conduct elections on party-basis at all tiers of local governance, including Cantonment Boards. Constitutionally speaking, local government is essentially a provincial subject, thus, it must be steered by the provincial In compliance of the federalist principles of decentralization, this legislatures and executives. Federal overreach on provincial was the first time that each province had autonomously subjects must be avoided. However, if Article 7 of the Constitution introduced its context-specific law on local government without is read in conjunction with Article 140 (A) (1), the intent of the any influence and intervention by the federal government. legislature has unequivocally been embodied in this Article. And Election processes were completed in all four provinces a bare reading of the text indicates that the constitutional including Islamabad Capital Territory and Cantonment Boards. definition of State remains incomplete without elected local Provincial governments started spadework to facilitate the governments in place. Thus, a basic and an important link in transition of assets and liabilities to respective local constitutional governance will remain missing in Pakistan unless governments. With a minimalist approach, elections at the local provincial legislatures and governments move with a sense of level were concluded but the real transfer of authority and urgency to put the third tier of governance in place. resources at the grassroots level was never allowed to begin. How can well-designed local government reforms strengthen Constitutional compliance of Article 140 (A) needs to be analyzed Pakistan’s federal democracy? at three levels i.e. textual, contextual, and doctrinal. By enacting the local government laws and conducting elections, the I believe that the lowest tier of governance is the first tier of provincial governments have indeed passed through the textual democracy. However, the lowest tier is still hanging in balance, or minimalist compliance of the Article 140 (A); while these laws failing grassroots democracy in Pakistan. Historically, the top- continue to fall short on contextual and doctrinal compliance of down and centralist paradigm has not delivered social services to the constitution for not corresponding to the devolutionary spirit the people of Pakistan proportionate to the financial resources of the 18th Amendment and neither do they correspond to the allocated and spent. Pakistan thus has become the history of doctrinal dimensions of devolution. wasted resources, missed targets, failed opportunities, and increased disparities in the social development sector. The 18th What challenges have been observed for local governments? Amendment has, however, instituted a durable and constitutionally guaranteed process of devolution by devolving Post-18th Amendment, the provincial legislatures initiated the subjects, functions, policies, planning and implementation to the process of decentralization on the dictation of judicial provincial domains. intervention. According to the provincial legislative frameworks, powers delegated to local governments through local councils With the policies, planning and programming related to service could be recalled or reassigned to any officer nominated by the delivery in the social sector decentralized to the provinces, provincial government. According to these laws, the policies, federal planning bodies can no more design and plan a

23 development project without taking into account the provincial Third, incorporate provisions enabling decentralized representation and perspective (Council of Common Interest, development planning at the grassroots levels. The mainstream National Economic Commission and Planning Commission). The architecture of development planning is practiced in a top-down same is desired from the provinces in relation to districts, only and vertical manner. Traditionally, Five-Year and perspective then can the top-down approach of development be replaced plans would be developed at federal level and handed over to the with the bottom-up perspective. Accountability and provinces to be implemented at district levels. The input from representation are two key features of devolution, which need to districts, tehsils and UCs in the process of mainstream be incorporated at every tier and sub-tier of development development planning is almost non-existent. One major reason planning, management, and execution. of the failure of such vertically designed plans is that the lowest tiers are not engaged in the process of such plans with special The new laws of local government must have the following key reference to service delivery at the grass roots level. We need a functions devolved to local governments: paradigm shift in the planning process by developing a bottom- up planning grid where community/cluster plans will be Ÿ Regulatory functions (rules, by-laws, enforcement, aggregated into Ward and UC Development Plans, and then UC compliance, and reporting) Development Plans to be integrated into District Development Ÿ Allocative functions (preparation, appraisal, and approval of Plans for further upward integration at Provincial and Federal annual budgets) levels. Citizens/communities are key actors in development Ÿ Taxation (identification, collection and managing local taxes) planning through this model; and local government Ÿ Service delivery (gap identification, planning, resourcing, representatives could be takers and pushers of such plans. resource-sharing, managing, and monitoring) Decentralized development planning at the lowest tier of Ÿ Policy and planning (local development, spatial, land-use and governance must be made part of any future local government town planning with stronger vertical linkages) structure to ensure allocative efficiency. Ÿ Data collection and information/knowledge management (collect, collate, and update statistics related to respective Last but not the last, address the risk of ‘elite-capture’ at the local jurisdictions and ensure public access to public data) government level. Experience suggests that while Ÿ Community development (engage, mobilize, and support decentralization of functions and resources to local levels is citizens/communities in identifying, designing, and necessary, it is not a sufficient condition to deepen local implementing community projects at various sub-tiers of the democracy. Ali Cheema has underscored in his study that local government) decentralization allows the local elite to capture decision-making Ÿ Capacity-building (training for effective discharge of duties structures and reinforce their power and influence. In countries and skill development for community-based livelihoods and like Pakistan, elites’ power is perpetuated through land holdings, economic activities) family networks, employment status, wealth, political and Ÿ Political power-sharing (allowing competition, contest, religious affiliation, personal history and personality. According to demand-articulation, negotiation and consensus-building at some reports, the earmarking of development funds from the local levels) budget to the politicians under the Basic Democracies, the People's Works Programmes, Khushhal Pakistan program and As provinces wait for local government elections and other similar schemes designed by federal level governments, administrative structures undergo changes based in revised paved the way for the enrichment of the elected officials. In the local government Acts, what more needs to be done? case of Pakistan, decentralization has accentuated elite capture which makes the case for citizens’ engagement more critical in First, the new legislative frameworks of local government must strengthening rule of law regimes at the grassroots level. comply with the textual, contextual and doctrinal spirit of Article 140 (A), ensuring substantive decentralization of political, Indeed, civil society plays a vital role in deepening and sustaining executive and fiscal authority to the elected representatives of democratic local governance by creating societal fences against local government. an entrenched risk of elite capture in hierarchical societies. The on-going process of decentralization at the local level Second, there is a need to create a predictable mechanism of necessitates thinking proactively as how to embed and inter-governmental fiscal transfers (IFT) in line with the principles operationalize legal entry points which could be deployed to of ‘fiscal equalization’ as introduced by the 7th NFC Award. mobilize a citizen-led countervailing power to address the Provinces need to establish Provincial Finance Commissions patrimonial tendencies and elite capture of resources and making IFTs transparent, not prone to political manipulation, decision-making spaces at the grassroots level. easily understandable, equitable, predictable and delivering resources to the local governments in a timely manner.

24 Interview

say that again

“...A well-designed and well-functioning local government system is a necessary component of a federal democracy.”

Dr. Asma Faiz Assistant Professor Lahore University of Management Sciences

Has the local government system in Pakistan been successful empowerment of local governments in Pakistan. post devolution? Why or why not? What has been the support of the federal government in The 18th Amendment did not have a provision for downward streamlining this process, both in terms of planning and devolution of power to district and sub-district level, besides a implementation? moral compulsion. After the completion of the pre-existing local government system introduced by the Musharraf regime that The federal government has generally left the question of local lapsed in 2009, the provincial governments did not show any governments to the provinces. This reflected both the substantive interest in devolving power to the local level. constitutional reality as well as their overall lack of interest. If we Following the promulgation of the 18th Amendment, it was in look at this question during the tenure of the PTI government, the response to complete inaction by the provincial governments only place where the government appears to passionately that the judiciary ordered provinces to develop their separate advocate a strong local government is Sindh. But this ardent legislation and introduce the local government system. We have support for local government has to be taken with a pinch of salt now seen the completion of the tenure of the first local as Islamabad-Karachi relations have been highly strained since governments in the provinces. The new laws in general did not August 2018. The PTI government has been on the offensive transfer any meaningful financial and administrative powers to against the PPP government in Sindh. It has therefore picked up the districts. Hence, the project of devolution of power to the agenda of local government reform in the province since it grassroots level remains a work in progress, a decade after the has its ally, the MQM, out in the wilderness because of the gap of 18th Amendment. authority suffered by local government officials, especially the Mayor of Karachi. The same level of commitment to devolution is What challenges have been observed for local governments? missing in the case of other provinces ruled by the PTI-led governments. The efficacy and performance of the local government system has been adversely affected by several factors. These include How can well-designed local government reforms strengthen general lack of political will on part of the provincial governments, Pakistan’s federal democracy? the presumed deficit of capacity of districts, insufficient transfer of funds and a state of conflict between bureaucracy and elected A well-designed and well-functioning local government system is local government officials. Firstly, we observe a sustained pattern a necessary component of a federal democracy as is evident of lack of support for local governments among the political through the examples of other federations such as the US and parties in Pakistan. The Pakistan Tehreek-I-Insaaf, (PTI) as early as Canada. A local government system helps to deliver services at 2013, voiced support for the local government system. Since the grassroots level, thereby improving the quality of governance coming into power at the Centre in 2018, it has not done much to in the country. Moreover, the two-tiered devolution produces an enhance the second-tier devolution of power. The Muttahida essential mechanism of shared governance between the Centre, Quomi Movement (MQM) in Sindh has been a great champion of provinces and local governments. If this multi-tier system of the local government system. But this can be explained with governance functions properly, it will lead to greater trust in reference to the peculiar ethnic demography and party politics in democracy, enhanced state legitimacy and popular participation that province. By and large, the political parties in Pakistan have in decision-making. not enthusiastically embraced the project of devolution of powers further down to the district level. Second, the local Given the cost of devolution was high, was there any government representatives have frequently complained of synchronization/hand-holding between the federation and insufficient transfer of funds from provincial governments. In provinces in order to support the process? certain cases, this has resulted in public expression of dissent by the local government officials against their own parties. The In my view, there has not been a clear-cut and visible pattern of provincial governments on the other hand, mirror the Centre in cooperation between the Centre and the provinces over highlighting the weak capacity of local governments in deepening the process of devolution in Pakistan. Of course, one transferring funds. In their view, the weak local government needs to take into account the question of party politics into the performance is proof of their lack of capacity and preparedness picture. The PTI government for instance, has been most vocal in to deliver services and carry out their responsibilities. Lastly, a support of the local government set-up in Sindh where the MQM general state of deficit of trust between the bureaucracy and has been its Trojan horse, while it has deeply antagonistic elected local government officials has further stymied the relations with the PPP, the ruling party in the province. The PTI has

25 therefore consistently complained about lack of provincial support to the local government set-up in Sindh, whereas its policy seems to be different in Punjab and Khyber Pakhtunkhwa, provinces where it formed governments in 2018 and 2013 respectively. The local body elections in both provinces have been delayed. The PTI local government representatives have openly complained about the lack of transfer of funds by their own party’s governments in Lahore and Peshawar. Thus, it is hard to observe a linear and effective synchronization between the Centre and provinces on the question of local governments.

26 Interview

say that again

“...All we really need is a well-functioning Provincial Finance Commission which ensures a democratically determined and geographically equitably formula for resource sharing within provinces.” Usama Ahmed Public Policy and Governance Expert

Has the local government system in Pakistan been successful government actually centers on public funds for development. post devolution? Why or why not? What has been the support of the federal government in If you define success in terms of being able to retain elected streamlining this process, both in terms of planning and councils-obviously not. Ever since the LGO 2001 regime lost implementation? constitutional protection in 2008, provincial governments moved to re-establish commissionerates, replace local government laws Not aware of any effort made by the federal government in this with retrogressive province-centric regimes and claw back funds, regard. Local governments are a provincial subject. functions and functionaries. The 18th Amendment extended a life line to elected local governments and pressurized the provinces How can well-designed local government reforms strengthen to hold local body elections in 2015. But with the exception of Pakistan’s federal democracy? Khyber Pakhtunkhwa (KP), I believe, these bodies remained largely starved of funds. Now, elected local councils have again There is a natural tension between traditional federalism and lapsed in all provinces and powers have reverted to local strong local government. Traditional federalism brought us the administrators. Provinces are dragging their feet on holding 18th Amendment-where we created four new ‘Islamabads’. And elections. While there are certain genuine obstacles here-2017 the downside of that has now become painfully clear. Trickle- census results, legal frictions between Local Government Acts down of resources from these new power centers follows past (LGAs) and Election Commission of Pakistan (ECP) laws, etc-but in patterns of inequality. Federal to provincial devolution has not general, the problem is based in politics, not policy. tangibly improved governance for citizens of Karachi, or Bahawalpur, or Chitral or Qilla Saifullah. The fruits of increased If you define success in terms of service delivery, independent provincial budgets resulting from the 7th NFC Award have not assessments are mixed. There is no clear, empirical evidence that really reached certain districts, tehsils and villages. And service delivery performance improved-or deteriorated-in any ultimately, this will lead to resentment against respective domain, with the introduction of elected local governments since provincial governments. Now there are certain radical proposals 2001 onward. But this is not exceptional, even in international to fix this problem that have been floating in recent public literature. What DID change-and most studies agree on this point- discourse-making divisions into provinces, introducing bicameral is that local government became more accessible to the common legislatures for provincial assemblies, etc. All we really need is a citizen. I would especially single out the reserved seats for well-functioning Provincial Finance Commission which ensures a women and minorities in local elected councils as a major step democratically determined and geographically equitably formula forward in making local government inclusive. That's where local for resource sharing within provinces. That will not only lead to government reform was most successful. That does not mean stronger local governments but also stronger provincial that local power dynamics have been significantly altered. Local governments which will in turn strengthen our federal system. elites will still be in charge. But they will have a strong incentive to price the interests of their constituents into all decisions they As provinces wait for LG elections and administrative make. structures undergo changes based in revised LG Acts, what more needs to be done moving forward? What challenges have been observed for local governments? Local governments need to increase their bargaining power to As aforementioned elected local governments suffered negotiate their rights with the provinces. Local Council immediate rollback in 2008-09 and have yet to fully reclaim their Associations were formed in the past to serve this need and were status ever since in any province, except KP. There are a number successful to a certain extent. Article 140A owes at least partially of problems-local councilors lack capacity, councils lack funds, to their efforts. But they need a national champion. This is where they do not employ their own staff (unlike provincial or federal the federal government can come in. The increasingly polarized services), local government laws have become increasingly national political climate is going to play out in local body complex and difficult to implement-I believe KP has amended electoral contests. The danger is that the policy debate for a their LGA a dozen times since 2013. But the core challenge is the strong elected local government will take a backseat to this more prevailing political culture. MPAs are not interested in legislation. newsworthy drama. It is important to remember that it does not They are interested in small infrastructure projects that can fill out matter which party the mayor of a particular district belongs to- their electoral resumes. And that is simply a reflection of our what matters is the powers and funds s/he has, to serve the political culture. The political economy surrounding local people of the district.

27 Youth Voices

What role can local governments play in youth empowerment?

“The most important part a local government can play is to engage the youth in the political process. After all, the largest proportion of the population consists of the youth, so they are the ones most impacted by any and every political decision.”

“Economic Tuaha Rashid empowerment of the youth should be the top priority area of “The provincial and the local government. It should work federal governments already with the private and public sector in have a large portfolio to cater to so bringing out not only employment it makes sense if they cannot cater to opportunities, but even short term the youth. This is where the local initiatives that aim at ‘temporary government needs to step in and take income bursts’ as well.” control. Not just empowerment but eradicating inequalities in the youth-be it Fiza Akhtar social or economic or gender or status etc-should be a tailored front line priority for them.”

Sakina Ali “Recently, the youth have been uplifted and brought into the mainstream by the Prime Minister. Prior to this, there wasn’t much being done to empower the youth so local “Local governments can government or no local government, play a significant role in did not make much of a empowering us. Since regular difference.” education is not everyone’s piece of cake, the local government can focus Ali Kareem “Local government is on imparting technical skills. Since they the tool through which the can connect to the youth one-on-one, local communities are this would be a big investment on their empowered. If actually put into part for the youth as well as the power, they can do wonders for the country.” youth. The question of ‘if’ is most important and to be honest, quite Palwasha Bashir skeptical about that happening.”

Shahid Nabi

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