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Public Policy and Ideation : a Case of a Grey-Zone Country

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PUBLIC POLICY AND IDEATION A CASE OF A GREY-ZONE COUNTRY – PAKISTAN A Dissertation Submitted in Fulfilment of the Requirements for the PhD Degree in International Development Studies to the Institute for Development Research and Development Policy (IEE), Ruhr University of Bochum By: Atif Ikram Butt Supervised by: Professorin Dr. Marianne Kneuer Prof. em. Dr. Uwe Andersen July 2017 LIST OF CONTENTS I Abstract vii II Preface viii III Declaration xv IV Acknowledgment xvi V List of Tables and Figures xviii VI Glossary of Key Concepts xxi VII List of Acronyms and Abbreviations xxiii Chapter 1 About this Research 1.1 Introduction 1 1.2 A Brief History of Public Policy 2 1.3 Defining Public Policy 5 1.4 Theorising Public Policy 8 1.5 The Plan of this Thesis 14 1.6 Concluding Words 18 Chapter 2 Theories of Regulation and Regime Type 2.1 Introduction 21 2.2 Political Grey-Zone 22 2.3 Key Considerations 24 2.4 Economic Theories of Regulation 29 2.4.1 Public Interest Theory 30 2.4.2 Private Interest Theory 33 2.5 Social Regulation and Deregulation Movements 37 2.6 Reformulation of Economic Theories of Regulation 42 2.6.1 From Private to Interest Group-Theories 42 Page iii 2.6.2 From Public Interest to Governance Theories 47 2.7 A Developing Agenda 53 2.8 Concluding Words 60 Chapter 3 Ideational Institutionalism and Policymaking 3.1 Introduction 63 3.2 Institutions as Actors 64 3.2.1 The Three Established New Institutionalisms 66 3.2.2 Role of Ideas in New Institutionalism 69 3.2.3 Ideas as ‘Policy Logs’ 71 3.2.4 Ideational Institutionalism 76 3.3 A Typology of Ideas 83 3.4 Concluding Words 96 Chapter 4 Ideas and the Methodological Approach of ‘Policy as Discourse’ 4.1 Introduction 103 4.2 Origin of Ideas 104 4.3 The Methodological Approach of ‘Policy as Discourse’ 112 4.4 Ideational Framework of Public Policy 123 4.5 Developing a Public Policy Theory – Some Methodological Considerations 129 4.5.1 Temporality 131 4.5.2 Predictability 132 4.5.3 Multiplicity of Participants 132 4.5.4 Interaction 134 4.6 Concluding Words 135 Chapter 5 Public Policy Making in Pakistan 5.1 Introduction 141 5.2 The Federation of Pakistan 142 5.3 The State of Pakistan and its Federating Units 144 Page iv 5.4 The Branches of the Government of Pakistan 149 5.4.1 The Legislative Branch 150 5.4.2 The Executive Branch 154 5.4.3 The Judicial Branch 158 5.5 The Process of Public Policy Making in Pakistan 160 5.5.1 The Legislature 160 5.5.2 The Executive 165 5.5.3 The Judiciary 167 5.6 Legislative Public Policies under the Thirteenth National Assembly of Pakistan 169 5.7 Concluding Words 171 Chapter 6 Contestation and Inclusiveness in Public Policy Making in Pakistan 6.1 Introduction 183 6.2 Interest Groups and Theories of the State 185 6.3 Interest Groups Intermediation and State-Centred Theories 188 6.4 The Case of Pakistan 193 6.4.1 Pakistan – A Struggling Democracy 193 6.4.2 Roots of Elitism in Pakistan 193 6.4.3 Interests Groups in Pakistan and their Rising Influence 198 6.5 Concluding Words 210 Chapter 7 Research Methodology and Design 7.1 Introduction 213 7.2 Case Study Approach 214 7.3 The Study Area 215 7.4 Research Framework 219 7.5 Sampling and Sample Size 220 7.6 Unit of Analysis 221 7.7 Sources of Information 222 Page v 7.8 Collection of Data, Recording and Documentation 224 7.9 Study Tool 224 7.10 Analysis of Data and Triangulation 226 7.11 Limitations of the Study 227 7.12 Concluding Words 229 Chapter 8 Ideational Institutionalism and Public Policy Making in Pakistan 8.1 Introduction 233 8.2 The Protection Against Harassment of Women at the Workplace Act, 2010 235 8.2.1 Ideational Forces Behind Legislation Against Sexual Harassment of 239 Women at the Workplace 8.2.2 Underlying Ideational Dimensions to the Legislation on Sexual 253 Harassment 8.3 The Transplantation of Human Organs and Tissues Act, 2009 264 8.3.1 Ideational Forces Behind Organ Transplantation Law in Pakistan 268 8.3.2 Underlying Ideational Dimensions to the Organ Transplantation Law in 278 Pakistan 8.4 The Right to Free and Compulsory Education Act, 2012 292 8.4.1 Ideational Forces Behind the Right to Free and Compulsory Education 298 Act in Pakistan 8.4.2 Underlying Ideational Dimensions to Free and Compulsory Education 311 Act in Pakistan 8.5 Ideational Policymaking in Pakistan 324 8.6 Concluding Words 332 Chapter 9 Towards a New Policy Making Paradigm of Ideas 9.1 Introduction 343 9.2 Agenda for Future Research 344 9.3 Typologies of Public Policy 348 Page vi 9.4 A Typology Based on the Origin of Public Policy 351 9.5 Concluding Words 354 Annexures 1 Study Tools 1.1 Discussion Guidelines – Providers 357 1.2 Discussion Guidelines – Supporters 360 1.3 Discussion Guidelines – Controllers 363 2 Bibliography 367 3 Curriculum Vita 391 Page vii I. ABSTRACT Study of public policy is incomplete without the consideration of the context in which the policy decisions are made. Surprisingly, there is hardly anything substantial contributed towards building a theory of public policy for developing countries. By taking the case of Pakistan, as one of the grey-zone countries, the research sets the objective of filling-in this theoretical gap through analysis of social-sector policymaking. The research employs the analytical construct of ideational institutionalism, which offers the flexibility of context- specific examination of public policy making. With the help of discourse analysis, the research examines basic claims of ideational institutionalism for understanding the mechanism through which ideas originate and affect public policy outcomes. By applying the case study approach, the research substantiates the enormous promise ideational institutionalism holds for studying policymaking process in countries of grey-zone. Subject Headings: Pakistan, New Institutionalism, Public Policy, Public Policy Analysis, and Political Decision-making Page viii II. PREFACE As part of the Energy Conservation Plan, Pakistan tried experimenting once more with the daylight saving time (DST) in 2008. The move was aimed at cutting energy cost by taking advantage of longer summer days. It was implemented first in 2002 on an experimental basis but abandoned soon after. This time around, however, it continued into the next year and since then never been tried again. It was a “monumental failure” the first time, writes the editorial of the national daily the Dawn.1 An article in another daily, the News, questions whether the government achieved in its plan of saving 400 megawatts of electricity through DST when in 2008 “most of the people, especially those living in rural areas, reportedly paid no heed to it.”2 In an editorial in the daily News, the paper recounts that “Daylight saving time seems to have resulted only in people delaying dining or sleeping times, rather defeating the whole purpose of the exercise.3 Another editorial in the daily News dubs the whole experience as “a mere cosmetic measure that has been tried before and has always failed…in the pretence that the government is trying to do something.”4 The editorial in the daily Dawn writes in similar lines, “if the government didn’t do anything it would be accused of sitting idle as the energy crunch became more debilitating by the day.” Three years later in 2012 at the National Energy Conference, the government conceded the failure of its policy and decided to “no longer be experimenting with daylight savings time and instead simply 1 Editorial, May 16, 2008, the Dawn < http://www.dawn.com/news/1071186> accessed on September 16, 2015 2 Noor Aftab, “People ask whether target achieved?” The News < http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=206210&Cat=6&dt=11/9/2009> accessed on September 16, 2014 3 Editorial, “Even less light,” June 30, 2008, the News < http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=121293&Cat=8&dt=11/1/2008> accessed on September 16, 2015 4 Editorial, “The last ray,” October 13, 2013, the News < http://www.thenews.com.pk/Todays-News- 8-208044-The-last-ray>, accessed on September 16, 2015 Page ix change summer office timings to save energy.”5 In a country where majority of the population lives in rural areas, has high illiteracy and low levels of education and outdoor activities in summer mostly taking place after nightfall, such measures were non-starter from the very beginning. In 2010, the Punjab Assembly passed a resolution unanimously calling for an all-out ban on late-night packages offered by telecommunication companies. These packages offered significantly reduced tariffs as a marketing strategy targeting young customers for increasing network usage during periods of low traffic. The resolutions stated, “Because of such mobile packages ... the young generation, particularly students, remain busy texting and talking over the phone the entire night, without caring for their studies, health and sleep ... these packages ... [are not in line with] social and moral values and customs ... a ban should be imposed on all such packages.”6 The resolution recommended, “the federal government that instructions to the mobile companies be issued that they should not promote the tendency of cheap rate late night packages for changing tendencies in society.” Murtaza Ali Jafri, writing for the Dawn, asks whether this resolution should be called “politics or parenting.” Mocking the resolution he writes, “Forget terrorism, the energy crisis, a weakened government, and water shortages - apparently boys and girls texting and calling each other past their bed time has become a matter of national concern.”7 A month later the Khyber Pakhtunkhwa Assembly passed a similar resolution and, in addition to late night packages, demanded the ban on text messages bundles as well.
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