Posts Tagged Constitution

Without civil service reform, devolution of policy setting will be unachievable and the current reform may just not achieve its intended purposes

On July 1, 2011, the third phase of redistribution of federal powers and functions was completed whereby 7 federal ministries now stand devolved. These include Ministries of Health, Food and Agriculture, Labour and Manpower, Environment, Women Development, Sports and Minorities affairs. Earlier, ten ministries were devolved to the provinces with the abolition of concurrent list under the 18th Amendment.

Implementing the 18th Amendment: The process has been fraught with political bickering between the Centre and the Provinces and resistance by powerful groups, which are beneficiaries of a centralised Pakistan. However, these political and administrative contests have not undermined the process of devolution. A major factor in negotiating this transition has been the role of Mian Raza Rabbani who heads the Implementation Commission for the 18th Amendment to the Constitution.

Most significantly, the political parties have shown their willingness to work together in achieving the intended results of provincial autonomy related clauses. Having said that, the real test of the elected civilian governments has just begun. Large scale restructuring of the federal government and transfer of new functions to the provinces implies that there is much more needed than executive notifications and political rhetoric.

Beyond executive notifications: Four challenges are of urgent importance. First, to ensure that devolution process is completed and not truncated or manipulated to suit the ends of the political parties. At the same time the regulatory capacity of the state, already weakened over decades, must not be diluted during the transition. Secondly, the corresponding institutional capacities are also devolved to the provinces and where missing, the Centre should advise and facilitate institutional strengthening. Thirdly, a civil service reform is required to achieve the responsive and citizen-oriented governance — the larger goal of the 18th Amendment. Finally, decentralisation of provincial powers is also needed and the local government system should be reintroduced. Unpacking and addressing these four imperatives is now an urgent responsibility, which the federal and provincial governments cannot absolve themselves of. (more…)

The impediments to full provincial autonomy under the 18th Amendment need to be tackled despite the odds

By Raza Rumi

Perhaps the best thing about contemporary Pakistan is the way its governance arrangements are being restructured to undo the bitter, brutal legacy of centralisation. Had we undertaken such reform decades ago, Pakistan would have been a far better place. The 18th Amendment reflects a board political consensus on how Pakistan can actually evolve into a real federal state as opposed to the notional federalism of the past where provincial autonomy had become a residue of central patronage and not guaranteed by the Constitution.

Nevertheless, the devolution of powers in 2011 faces two major dilemmas. First, the provinces are currently operating as centralised bureaucratic apparatuses with little or no powers and accountabilities at the local levels. Second, and perhaps far more important, the provinces have to build their technical and political capacities to handle the new powers and functions, which are now flowing at an unprecedented speed. These two challenges are the real test of civilian governments and it remains to be seen if they can handle it lest another messiah or messiah-proxies enter the arena and reverse this process. Knowing Pakistan’s history, anything is possible. This is a country plagued by lack of political stability and policy continuity. We shall examine the pitfalls and challenges that lie ahead in this transitional process.

Progress so far: During the first two phases of the devolution, 10 of the 48 ministries at the federal level were to be devolved. The Committee set June 30th 2011 as the deadline for this process. Taking up these recommendations, the federal cabinet devolved ministries for special initiatives, Zakat and Ushr, population welfare, youth affairs, and local government and rural development to the provinces in December 2010. The provinces also inherited office buildings, equipment, development funds and projects for fiscal year 2010-11. All international matters of these ministries were transferred to the Economic Affairs Division (EAD) and some planning-related matters to the Planning and Development Division. However, overall planning of ministries that are being transferred or will be transferred in February 2011 will be the responsibility of provincial governments.

On April 5th, 2011 the second phase of the devolution process commenced, with the devolution of the ministries for education, social welfare, and special education, tourism, livestock and dairy, rural development and culture. According to reports, the Commission for Implementation of the 18th Amendment has also approved a plan for the transfer of three federal ministries, including sports, women development and environment, to the provinces in the third phase.

Unclear federal arrangements: While the centre has abolished ten ministries so far, there is a deadlock over the staff and resources. Provinces complain that they cannot pay the wage bill of surplus staff and centre has retained all the existing federal public servants, as any move to right size will be fraught with political dangers. Similarly, after June 2011, who will pay the staff? If the federal government continues to foot the salaries bill then it will not be able to rationalise its size and the temptation of recentralisation will remain. Secondly, the federal government’s move to shift attached bodies and autonomous organisations to Cabinet Division and such other dysfunctional ministries is even worse. There needs to be a more thorough assessment of post-devolution architecture of the central authority. It appears, with due respects to a great reformer, Raza Rabbani and his colleagues, patchy, ad-hoc and devoid of long term thinking. (more…)

An amended, rationalised HEC needs to stay in place

By Raza Rumi

The 18th Amendment approved by the Parliament in 2010 signified a new era in Pakistan’s troubled federalism. Given our turbulent constitutional history, the new governance arrangements approved by all parties and federating units settled for a leaner centre and addressed long-standing demands of provincial autonomy. But the implementation of this amendment has been slower than expected, largely for reasons of capacity both at the federal and provincial levels. Despite the constraints, the Implementation Commission has delivered fairly well. Thus far, ten ministries have been devolved. Five ministries — local government, special initiatives, zakat & ushr, population welfare and youth affairs — were devolved in late December 2010. The recent batch of the federal ministries includes: ministries of education, social welfare and special education, Tourism, livestock and dairy and culture.

Media rants:

In recent days, a new controversy on the devolution of the Higher Education Commission (HEC) has plagued the implementation process with respect to the 18th Amendment. Television channels have aired the views of technical experts as well as the usual suspects who rant on every talk show on almost every subject under the sun, be it defence, culture, or cricket. The move towards the devolution of the HEC’s powers and functions to provinces has been construed as another move by the semi-literate and ‘corrupt’ politicians to thwart the degree validation process, which has been part of our pseudo political discourse. Such an argument is pretty lame, as the rule to have a degree to be eligible for an election has been done away with. The Musharraf scheme of a grand HEC, BA-holding legislators and ‘controlled democracy’ obviously failed in 2008 when the electorate rejected his party and sent representatives who sent him home. (more…)

The short and interim order has disappointed many quarters that had been lobbying for a grand showdown between the judiciary and the parliament. Institutional conflicts could engineer systemic breakdowns. However, the apex court has avoided the route of appeasing its core constituency — the activist lawyers and bars — which for some odd reasons have been arguing for a governance paradigm that locates judicial dominance at its centre. Pakistan’s quest for parliamentary democracy has sought representative rule and no unelected institution, howsoever effective or popular, can appropriate that space. The interim order on the petitions challenging the 18th Amendment to the Constitution has tacitly acknowledged this reality.

The bone of contention in this saga has been the insertion of Article 175-A which revised the mode of appointments in the superior courts by introducing two broad based fora — a Judicial Commission and a Parliamentary Committee — to make the process of appointing judges inclusive, less discretionary and transparent. Several other new clauses were also challenged but Article 175-A was the subject of much debate and discussion as a few purists from the lawyers’ movement deemed it to be against the Independence of the judiciary as enshrined in the Constitution.

The decision also comes in the wake of an ongoing crisis comprising judiciary-executive collision on a number of issues. In the past two years, for right or wrong reasons, almost every executive decision of import has been challenged in the courts, thereby creating a duality of evil versus the good in terms of decision-making. Let it be clear that this is not the reality perhaps. It is a perception carefully crafted by the media and sections of the opposition who have strategized to use legality and judicial activism as mechanisms to settle scores with the ruling party and by extension the coalition. The court has, by and large, acted with judicial propriety and has avoided the brinkmanship suggested in TV talk shows and belligerent political statements. (more…)

My piece published in The News

Pakistan has crossed a major milestone last week by achieving a historic consensus on the 18th Amendment with 105 clauses, additions and deletions to the Constitution. The distortions inserted by the military rule have been done away with. Political elites this time, however, have gone a step further and improved the state of provincial autonomy. Perhaps this is where a civilian negotiation and democratic politics of compromise has been most effective. Who would have thought a few years ago that this was achievable? There were many skeptics who thought that the amendments might not be approved. However, the ‘corrupt’ and ‘incompetent’ politicians have proved everyone wrong.

Leaving aside the discourse of corruption, the NRO, and a vociferous media campaign against the President, the achievements in the last one-year by all political parties have been tremendous. The Awami National Party, after its initial truce with the militants, has stayed the course and resisted Talibanisation by giving full support to the army operations against the militants. The PPP and PML-N, despite their rhetoric and political point-scoring, have worked together on the national finance commission award (NFC) and now on the implementation of the Charter of Democracy (CoD) that has become the basis for the amendments to become a reality. (more…)

Published in Tehelka this week

AFTER 37 YEARS OF POLITICAL UNCERTAINTY, PAKISTAN’S CONSTITUTION HAS BEEN RECAST ON ZARDARI’S WATCH. WILL IT HELP REKINDLE DEMOCRACY, WONDERS RAZA RUMI

BRANDED A ‘failed state’, Pakistan has become notorious in the global media. Political change is often a result of the notorious 111 Brigade (the Rawalpindi-based army contingent which leads any military coup) moving on the streets of Islamabad and capturing the derelict PTV (Pakistan Television) headquarters. News-worthiness is defined by the number of suicide blasts that take place in a single day within what has been termed as the “most dangerous country” in the world. Pity that such stereotypes have prevented a nuanced understanding of Pakistan, as well as the fact that it is a fast changing country with a strong yearning for the rule of law and constitutionalism.

These days, Pakistanis, when they are on a break from the next suicide bomber, are rejoicing over a major political shift brought about by the April 8 approval by parliament of the 18th Amendment to fix the truncated Constitution. Thirty seven years ago, for the first time in its existence, Pakistan’s political elite was able to reach a consensus on the scheme and shape of the Constitution. An earlier version was the 1956 Constitution, which was abrogated even before its implementation by Field Marshal Ayub Khan in 1958. There were two other military “gifts” to the nation in 1962 and 1970, which were hardly democratic and barely representative of what citizens actually wanted. (more…)

Published in The NEWS

It is still not too late that PML-N and PPP and the regional parties sit together and agree on the way forward says Raza Rumi

Many decades ago, our Governor General-President Iskander Mirza had rather contemptuously stated that democracy does not suit the genius of Pakistani people. Immediately after these words of wisdom were uttered, direct military rule not only exiled Mirza but also became a norm rather than aberration. For the last six decades or so we have not been able to overcome this political reality. The unelected institutions of the state are not willing to give up the power they inherited from the might of the colonial state. At best, they are willing to share power to a degree that they deem fit.

It is now clear that within a few months Pakistan is due for another political upheaval. Barely twoyears after an election took place, the political elites are back in business: bickering, wrangling and oblivious to their historical role in strengthening the fragile democratic process. The unelected institutions have traditionally been contemptuous of democracy and their conduct in the last two years has not been surprising. The losers at the hand of the military rule – the PML-N and the PPP ought to have learnt their lesson: no matter how adverse the political climate was, the political forces had to stay united for a common cause.

However, the brief interlude of political cooperation led to mistrust and misgivings among the political players. First the restoration of judges and a partisan interpretation to the issue of independence of the judiciary created a rift between the two parties. Second, the imposition of ill-advised Governor’s rule led to widening of the gulf. This was followed by the long march that led to the restoration of the deposed judges. In the process, the co-chairperson of the PPP was termed as a leader who did not keep his promises and time and again betrayed the trust of Mian Nawaz Sharif painted by a prejudiced media as an innocent victim. (more…)

My piece that appeared in the ‘political economy’ section of The NEWS on Sunday.

The elites drunk on the status quo have expressed two major reactions to the proposal of creating another province within the mighty Punjab. First that this is akin to opening a Pandora’s box when we are at war against terrorism. Second, that this is a planted controversy whereby the ruling PPP wants to harm the house of Raiwind; or a conspiracy by those who want to destabilise Pakistan’s political system.

Both these arguments are spurious for nothing is more important for Pakistan than to make the federation work. The argument that the British drawn provincial boundaries are sacrosanct is as nonsensical as the reality of the Durand Line or for that matter the line of control itself. If anything, South Asia has experienced territorial and demographic shifts through the centuries. When resisted, the sweep of history has blown away the resistant elements and when carefully manoeuvred such shifts have resulted in commonsensical political and administrative solutions. (more…)

My op-ed for The NEWS
Raza Rumi

On the face of it, the Pakistani state with the clear endorsement of political parties and the majority of its citizenry is fighting a battle against militant Islamism. However, it is not as simple a formulation as it appears to be. The state is also cracking under extreme pressure for having lost its capacities and effectiveness a long time ago. The central tenet of state policy and implementation is adhocism that keeps a mammoth, oversized, under-paid and snail-paced elephant going. With Mughal and pre-industrial social structures reflecting in a colonial organisation, the Pakistani state is an unattended patient lying on an Elliotesque table, waiting for a surgery.

The fact that ragtag groups have the audacity to challenge the state and its mighty armed forces speaks a lot for where we stand today. That a relatively small number of bandits can wreak havoc and make us look like pariah country with nervous neighbours is by itself a parable of our times. Add to this the dysfunctional police that simply cannot discharge their functions let alone tackle the suicide missions launched by jihad laboratories. Services – health, education, water and justice – are abysmally delivered to the lucky ones who have access to them. Otherwise, it is pretty much a jungle out there. In a context where insecurity and lack of faith in the state pervades the body politique, the current war can accentuate the pressures on the state, leading to a near-collapse situation: assuming, rather charitably, that it still functions as an arbiter between citizen interest and the legitimate use of violence. (more…)