HAILED as a landmark achievement of Pakistan’s political forces, the 18th Amendment to the Constitution was approved in 2010 with full support of all political parties. It goes to the credit of Pakistan’s politicians that they strengthened the federation by approving the transfer of power from the president to parliament and devolving responsibilities in a number of areas from the centre to the provinces. The Concurrent List of the Constitution was also abolished.
Somehow the ensuing debate on devolution has remained confined to a discussion of trivial issues such as the centre devolving certain functions to the provinces and winding up some ministries, while retaining a few lucrative ones. While this may be true and certainly merits discussion what the myopic focus on federal excesses misses is that devolution is intended for power to be transferred not just from the centre to the provinces, but then to districts, sub-divisions and union councils.
The spirit behind the 18th Amendment was to empower the people of Pakistan — that has not happened. What needs to be explored in depth is why the scope of the discussion is so limited; it appears somehow to be a calculated move as it distracts one from the larger issue of complete devolution down to the grass roots.
Successive governments have made their own plans for improving performance and service delivery but these have mostly been in vain. Governance seems to be getting worse, not better. Structural changes were needed to be able to deliver effectively and to this end the political forces played their part.
What the 18th Amendment provided was an opportunity to the authorities both at the centre and the provinces to make the life of the common man less difficult. If it is the function of the federal government to provide electricity and natural gas to the people then it is the provincial governments who are responsible for delivery in health, education etc.
Though Article 25-A was inserted in the Constitution making the state responsible for providing free compulsory education to all children between the ages of five and 16 years, child labour is prevalent, children are still seen begging on the streets and playing outdoors when they should be in school. No one has ever filed a petition before the Supreme Court for violation of Article 25-A — this reflects poorly on our priorities.
The irony is that the same political forces which proudly approved the 18th Amendment are now guarding their interests at the level of the provinces and do not seem particularly interested in devolving authority from the province to the district and further down the line.
Understandably, the political forces and the civil bureaucracy are reluctant to let go of their clout and this reluctance is certainly not a good omen for the future. Both appear to have a tacit understanding regarding further devolution, rumblings coming out from concerned authorities suggest that they feel threatened. They also seem to hold the view that in the lower rungs of the political hierarchy people are not educated, qualified or experienced enough to be running their own affairs. There seems to be an unfortunate difference of opinion in this view given that not so long ago politicians themselves did away with the requirement of needing a degree to be a member of parliament.
The fruits of devolution cannot be enjoyed until and unless the provincial governments finally take the long-delayed decision of holding local bodies elections as per the directive of the Supreme Court of Pakistan. The political parties must come forward and announce these elections, if for nothing else then at least in the spirit of goodwill towards their own lower cadres. Tier upon tier of local political leaders are deprived of training in what is referred to as the nursery of democracy. Furthermore, the civil bureaucracy has to realise that there is no shortcut to good governance; it is not possible to deliver effectively without coexisting with local political leadership.
Ultimately, however, it is the government of the day that is responsible for resolution of issues related to governance in Pakistan. One possible solution can come from the top of the executive chain itself. The prime minister of Pakistan is the chair of the Council of Common Interests (CCI). Post-18th Amendment he is expected to play a proactive role by convening a meeting of the council whenever he feels that the federating units are failing in their responsibilities and are unable to meet the expectations of their constituent people. After all, the prime minister is not merely responsible for Islamabad.
There is also a unique situation in Pakistan where the prime minister’s party is not only in power at the centre but in Punjab as well; his own party is part of a coalition government in Balochistan, whereas Khyber Pakhtunkhwa and Sindh are being ruled by opposition parties. A meeting of the CCI provides the best chance to interact with all party leaders in order to take stock of the overall state of governance in the federation. It is the best forum to discuss and decide matters transparently in a formal and institutional manner provided under the law.
It was anticipated that the passage of the 18th Amendment would encourage more decision-making through the CCI, but this has not happened. Still, there is always time to redress mistakes and the incumbent prime minister, being the head of his party is in the best position to do that.
If governance is to improve then we have to ensure that we educate our children, provide health facilities, clean drinking water, sanitation etc. for the people. Additionally, we have to make sure that we not only have systems, but those that work efficiently too. We have to accept the fact that the current style of insular decision-making is the exact antithesis of good governance.
Decision-making through available formal fora would be a step forward towards inclusive and participatory democracy that can help the prime minister realise his dream of a stable and functional republic.
The writer is a former cabinet secretary.
Published in Dawn February 7th , 2015
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