DEVOLUTION REFORMS – A NEW SYSTEM OF GOVERNMENT:

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Human Resource Development (HRM-627)

Lesson 40

DEVOLUTION REFORMS A NEW SYSTEM OF GOVERNMENT

For the last four years a sweeping program of reforms has been underway in Pakistan. Under the old system of

government, the provinces administered the districts and tehsils directly through the bureaucracy at the

division, district and tehsil level. Executive and judicial authority was concentrated in the person of the Deputy

Commissioner. There was little scope of elected representatives to participate in local administration.

Under the old system, governance was centralized so that decisions about local level planning and development

were taken higher up, with little reference or relevance to local needs and aspirations. Because civil servants

were not accountable to the public, there was little incentive for them to ensure quality service delivery.

The Devolution Plan and Local Government Ordinance 2001 brought about a grassroots transformation in

Pakistan's system of government, especially at the local level. Divisions were abolished, and instead a three tier

local government structure comprising of three categories of local government district, tehsils/towns and

union was brought in.

Elected Nazims and Niab Nazims head each union, tehsil and district local government, and there are political

linkages between the three tiers. These elected bodies are supposed to ensure that planning and development is

carried out in accordance with local needs. The elected officials also monitor the functioning of local

administrators. Civil servants are therefore accountable to elected representatives, who are in turn accountable

to the public at the local level.

Devolution in Pakistan follows the principle of subsidiary, whereby all functions that can be effectively

performed at the local levels are transferred to that level. It would be worthwhile at this stage to explore the

concept and experience of subsidiary as it is practiced in other parts of the world.

Subsidiary Principle & Practices

The principle of subsidiary was introduced in 1991 Maastricht Treaty that ascertained "decision-making to be

performed at the lowest possible effective administrative level" in the European multi-level-governance system.

Different European nations and governments had different understanding of the policy implications of

subsidiarity, however, they had a common interest in making the increasing supranational European Union

(EU) competence more acceptable and more legitimate for their respective people. The notion of subsidiarity

was linked to a political agenda focusing bottom-up governance and the strengthening of national democratic

institutions.

Though the EU constitution is a bit vague over the concrete definition of the notion of subsidiarity, probably

due to different national governance traditions, subsidiarity is recognized as an important measure for reducing

the EU deficit of democracy and legitimacy.

In the Continental European democratic tradition credence was given to the idea of the state as an abstract

identity, as something different from the society, bearing inherent responsibility for the performance of public

functions or as a collective actor representing the society as a whole. In this context the British tradition is

different, rather than looking upon the state as a top-down authority responsible for the common best, it was

conceived as an instrument of mediating between politics and societal interests as for instance the market

forces. Probably this mediating function of the state explains why Britain was left without a written

constitution, political institutions and the civil society were instead perceived as the constraining elements in

function, concretely and continuously correcting the state through bargaining processes.

Subsidiarity, in the context of EU, is implemented as referable outward/downward distributed public

governance in terms of establishment of independent public agencies and other government bodies. In France,

the 22 elected regional assemblies and their governments have attained governance function and steering

capacity in mutual public public partnership with the central state. In Britain it functions differently and the

mediating status of the state is recognized when the state subsidiaries in terms of fragmented independent

agencies function as the main regional authorities, performing development policies in public-private

partnership.

Despite historically belonging to the Continental tradition, political processes in Norway targeting subsidiarity

as outward/downward distributed public governance, seems to be in the beginning of placing the state function

somewhere between the Continental and British democratic and administrative tradition. Elected regional

assemblies and governments still exist as weak political authorities, but are for the time being threatened of

abandonment. Independent agencies and other public institutional bodies, fragmented or in partnership, are

empowered and growing in number especially on the sub-national level.

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In nutshell the EU principle of subsidiarity as introduced by Maastricht Treaty in 1991 is "devolution of

competence upward to the supranational European tier by agreement is recommended when greatest policy

outcome and effectiveness is expected on that level. Similarly, downward devolution of competence to regional

and local authorities or partnership institutions, ought to be implemented when most effective policy

arrangements for regenerating local and regional economy are expected outcome on the lower level".

Pakistan is obviously free of the inherent complexities of EU in terms of different nations, cultures, economies,

priorities etc. and does not need to address the supranational notion and therefore subsidiarity in our country

has to be on outward/downward basis so that maximum power and decision making occur at the lowest

governmental tiers with main aim of providing basic municipal services to the masses. This is exactly what the

Devolution Plan intends to do, to empower political, financial and administrative organs at the lowest tier of

governance.

The New Notion of Functional Subsidiarity & Governance in Europe

Today issues of horizontal or functional subsidiarity are at the very centre of the debate regarding kinds of

subsidiaries and governance.

The principle of subsidiarity does not only limit the activity of state in a vertical direction. It sets limits also in a

horizontal way: what can be settled by local or transactional functional committees or civil society initiatives,

should and must not be regulated by state activity at all. Examples of functional subsidiarity include initiatives

in the field of culture and education, health, social welfare and consumer protection. Other issues include

alternative or extra judicial dispute regulation between e-commerce stakeholders.

Therefore traditional forms of exclusive vertical subsidiarity have to be supplemented and widened by new

perspectives. Principle of subsidiarity within the EU debate is presented as a tenant of democratic government

which stipulates that decisions should be taken as closely to the citizen as possible. As MacCormick notes,

"The doctrine of subsidiarity requires decision-making to be distributed to the most appropriate level. In that

context, the best democracy is one that insists on levels of democracy appropriate to levels of decision-

making."

DECENTRALIZATION: THE DARK SIDE

Following excerpts from the press tell a different story about decentralization efforts made so far:

· Sargoodha district Nazim Amjad Ali Noon said that lesser funds were allocated to districts after

devolution. Most of the corrupt officials were posted in districts deliberately. He said that the MNAs

and MPAs obstructed release of funds to district governments. He suggested that district governments

be given part of the revenues collected by them for the provincial government (Mr. Amjad Ali Noon

Sargoodha District Nazim)

· Khairpur district Nazim Nafisa Shah had similar reservations in the same seminar.

· The process (devolution) had been marred because of denial of financial autonomy to local

governments and virtually reversed after the recent amendments to the LGO (Speakers at a seminar

on "Devolution process review" arranged by Pakistan NGO's Coordination Council)

· Devolution had created problems in Pakistan because the western countries having the district

government had only two tiers of government the federation and the district administration

whereas Pakistan had the federation, province and district. Conflicts had arisen over the division of

spheres of control between the provincial and district governments (Mr. Tahir Kardar, District

Nazim's Coordinator)

· Complete devolution had not taken place because the idea was in conflict with the highly centralized

power system in the country. The district governments had failed to function satisfactorily on account

of a lack of financial autonomy in the form of power to levy taxes for generating their own revenues

(Mr. Shakir, South Asia Partnership representative)

· The recent amendments to LGO had made the district governments, which was initially banking on

the federation for resources, dependent on provincial governments as well. Earlier the CM could

suspend any nazim or the resolution of any local government council with the consent of the

provincial assembly. The recent changes had empowered him to do so with the concurrence of the

provincial local government commission, which was headed by a minister. He said the inclusion of

MNAs and MPAs in the district development committees would lead to a new clash. He said the

provincial government had won the battle for supremacy over the district governments, as they had

got the power to dissolve the same and appoint caretakers before the local government elections. The

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Human Resource Development (HRM-627)

accepted proposal to reduce the number of councilors at the union council level would result in

reduction of over 50,000 seats of councilors in the system. The amendments had put the very idea of

devolution at stake (Mr. Salman Hadi)

The poor sections of society would lose representation as a result of reduction in the number of

councilors. The LGO should have been amended to strengthen the system and not for reducing the

representation of the people (Mr. Tariq Sana Bajwa, Data Ganj Bakhsh Town Nazim)

The provinces were not ready to devolve power to the district governments. Appointment of the

people defeated in the local government elections as coordinators had also weakened the system (Mr.

Faraish Ali Chaudhry, Nishter Town Municipal Officer)

Rs700 million had been stuck in CCB's funds in the city district because the local government elections

were held in 2001, but the CCB rules were framed in 2003. She said the social welfare officers did not

have forms for registration of CCBs, but many union council nazim had utilized the funds (Ms Shazia

Khan, Social Welfare)

The Faisalabad district council has failed to hold its session for the last six months, except for a two-

day session in April in which no business was transacted for want of quorum. According to insiders, a

four day session was held from Dec. 4, 2004 in which a number of agenda items were approved and

scores of schemes finalized for different parts of six tehsils City, Saddar, Chak Jhumra, Jaranwala,

Tandlianwala and Samundri of the district. After that session, the councilors started electioneering

and establishing links with heavyweights of the area instead of attending the council sessions. A two-

day session was called by the convener on April 27th which did nothing for the lack of quorum.

Similarly, no session of TMA (city) could be held during the last three months due to lack of interest

by the members. It may be noted that the Faisalabad council was the biggest council of the country

with 406 members while the city TMA was the biggest with strength of 162 members (A news report)

The Punjab government has transferred 6 EDOs (education), including the EDO Rawalpindi, for their

alleged failure to achieve the targets set by the CM (A news report)

The government should restore the LGO 2001 in its original form, otherwise they (Nazimeen) would

challenge these one-sided amendments incorporated into the ordinance in court. He said, "There is no

justification to transform towns into Tehsils," and added that the centre did it to protect their interest

in a different form. He said we have strong reservations against 3 amendments which include the

authority given to the CM to suspend the Nazim for three months, the transformation of town into

tehsil and appointment of caretakers in place of Nazims for the coming local bodies' elections. He also

said that another disadvantage of the newly introduced LGO was that a Nazim could be removed by a

simple majority in the house, which was a joke with democracy. He said, "We have demanded that

members for the Local Government Commission must be appointed equally from both the

government and the opposition but the government picked four members of their own while only one

from the opposition. (Mr. Haroon Bilour, Chairman Tehsil Towns Nazimeen Association,

Peshawar)

Rahim Yar Khan district has become a wrestling field among the different political groups for

forthcoming local government elections. Contrary to tall claims of unprecedented achievements by the

district government, the reality is quite different. The district government system has caused further

damage to the social and political fabric in the district instead of improving it. The politicians sacrificed

the national interests by dividing the people on ethnic lines for their own personal benefits. The RYK

district occupies very sensitive and important geographic location. It has more than 100 km border

with India. In 1971 war, Indians attacked RYK desert sector but got humiliating defeat. The ethnic

division, developed by politicians, could lead to ethnic clashes between Seraikies and Punjabis. The

strategic importance of this area can be gauged by a single factor that national highway and main

railway track which connected Sindh province rest of Pakistan was only 60 km away from the Indian

border. The district is consisted of 60 per cent Seraiki community mainly residing in Kuccha area and

40 per cent Punjabi ethnic group settled in Pacca area. District Nazim Syed Ahmed Mahmood always

used ethnic and spiritual card to win elections. The Seraiki group is headed by District Nazim Ahmed

Mahmood who in his four year tenure spent almost 50 per cent development budget in his

constituency not for people but for his industrial unit Jamal Din Wali Sugar Mill, claimed his

opponents. If preventive or remedial steps are not taken against ethnicity and regionalism by the high-

ups, RYK may face ethnic war (A news report)

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Residents of Lora and other adjacent union councils have criticized the provincial government for

giving tehsil status to Havelian instead of the Lora union council. They said that the Lora union

council was at a 3 hour journey from Abbotabad which caused hardships to the people to come to the

city to do their day-to-day business. They said that the minister for local government announced that

the tehsil offices for Havelian would be based in Abbotabad (A news report)

· The union councils that are the basic units of the new local government system have no powers

whatsoever and failed to deliver. A report points out various shortcomings and weaknesses of the new

local government system and appreciates that a good beginning has been made and that the system can

be further improved in consultation with various groups of people. As compared with the working of

previous council the new ones have definitely shown improvements in providing civic amenities like

roads, streets, sanitation, water and power supply etc. It has provided a basis for good governance and

enlightenment. The report made the following observations:

Powers of union councils

Contrary to the local government ordinance that gives wide powers to the union councils they have been found

lacking all powers. They are given no funds to remove grievances of the people. Each council is given Rs60,000

per month that is spent on administration, salaries and honorarium for the nazims. The council has neither

power nor funds to meet the demands of its voters. Nazims have some powers and funds which they distribute

among the councilors of their choice. Most of the councilors feel ashamed of being councilors and felt they

had committed blunder.

Party based elections

The local government bard political parties from participating in local bodies' election which has kept away the

experienced political workers from the councils. However the opponents of the political parties thought that

the parties, if allowed to contest elections, would interfere in the autonomy of the local bodies.

Lack of publicity

The new local government system was a new experience both for the people and their candidates and the

government had failed to give due publicity through media and other means that could educate them. As a

result the councilors had little information about their role and working. Insaaf committees chairman said the

people were not aware of the existence of these committees nor had they any information about their powers

and the people still approach the influential land holders to decide their disputes.

Decision making

Decisions are not made in the union councils taking their member into confidence and all decisions are taken

by nazims and their deputies arbitrarily. The councilors feel that the new system is more a system of nazims

than that of people's. It has strengthened the hands of big landlords.

No confidence

The amendment to the law against no confidence move against nazims has been severely criticized. It was

strange that no confidence can be moved against deputy nazim. The councilors have demanded that they

should have powers to move no confidence against nazims and their deputies to bar them from taking

decisions without taking them into confidence.

Development works

The nazims have not been taking councilors into confidence while taking decisions for starting development

projects. Most of the projects were not needed by the people and they were started at the behest of high ups.

Multi-award system

Most of the councilors said numerous problems of the people had arisen by merging wards into union council.

They advocated restoration of old wards to solve the problems of the people.

Workers and Peasants

Most of these seats have been filled people who were neither workers nor peasants. Only five per cent of the

seats might have genuine representation and they have no powers.

Relations with government

National and provincial assemblies are not completely in favor of new local government system. There is no

coordination among union, tehsil, and district councils. The powers of district, provincial and federal

government in respect of the local councils are vague.

Public safety commissions

They are not performing their role of check and balances properly and nobody knows about their powers.

Police have not accepted them and register cases against their members.

Minority councilors

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While the government has accepted the principle of joint electorates, the local body elections were held on the

basis of separate electorates depriving minorities of their real representation in the councils. Discrimination

against them continues and they cannot play their role in political process. The majority members invariably

reject their schemes and suggestions. Only two union councils in Sheikhopura and Khenewal districts out of

about three dozen districts have nazims from minority councilors.

The report has also made a number of recommendations to improve the performance of the union, tehsil and

district councils and their various committees. It suggested renaming tehsil council as city council and

restoration of magistracy at tehsil level. (Outcome of a survey conducted by the South Asian Partnership

(Pakistan) in 18 districts of Punjab by holding a series of seminars, symposia, meetings and discussions with the

members of the union councils and other tiers of the new local government system, representatives of people,

teachers, social workers, journalists, lawyers, women activists and minority members. The report deals with the

working of three years of union councils in 18 districts of Lahore, Kasur, Sheikhopura, Gujranwala, Layyah,

Bhakkar, Rajanpur, Pakpattan, Vehari, Lodharan, Multan, Sahiwal, Khenewal, Rahim Yar Khan, Bahawalpur,

Bahawalnagar, Mianwali and Sargodha)

· A serious contradiction between the code of conduct and LGO relating to the non political nature of

LB polls may either cause disqualification of national and provincial legislators or land them in trouble

for making false declaration. It was pointed out that the LGO allowed cabinet ministers and members

of the national and provincial assemblies to contest the LB elections but they would have to resign

their present seats if elected. Section 153 of LGO 2001, states that local body elections will be held on

non party basis and candidates will be required to submit an affidavit to the EC to the effect that they

have no affiliation with any political party. This provision alone is loaded with risks for members of

national and provincial assemblies have been elected on party tickets. Legal experts say that these

members would either have to quit the membership of their parties to be able to contest the elections

or make false declaration about their political affiliation. The EC of Pakistan was found to be lacking

an answer on this issue and their comments are, "Frankly, we have no answer. Nobody appears to

have paid attention to it. This is a serious problem and the point is valid," said an official (Justice

Abdul Hameed Dogar, Acting CFC)

· A large number of people protesting over inclusion of some union councils of Larkana district into the

Shikarpur district held a rally in Naudero. They chanted slogans against the division of Ratodero and

blocked the Larkana-Sukhur road for an hour. Local MNAs and MPAs said four dehs Shadi Abro,

Panjo Kinaro, Nazar Detho and Salar Janveri were chopped from Ratodero taluka and merged with

Garhi Yaseen taluka of the Shikarpur district. They said it was a calculated move to divide the

constituency of Benazir Bhutto. They demanded that the decision be withdrawn and Naudero should

be given a status of taluka because it comprised of nine union councils (A news report)

· The local chamber of commerce and industry opposed the division of Gujranwala into four towns and

termed the decision unjustified. They said that Gujranwala would lose its identity as city owing to its

division into four towns and assigning their village like names. The people of cities were not

acquainted with these names. They suggested that theses towns should be given names identical to

towns of Karachi while other offices should preferably be located in the city (A news report)

· If you think the nazims have been given a rough deal by the provincial government under the revised

devolution plan, you can think again. Councilors present at the seminar said it was they who had

absolutely no power or say in running of the local government. Hardly any debates took place over any

issue at the union council level, they said, and all decisions were taken by their nazims without even

bothering to consult them. If this is how the current system has worked, then it has been a case of

more devolution of attitudes, as opposed to that of power, from top down. The one sitting at top of

the pyramid, the president in this case, is the only one who has any and all powers. Here's what

happens when the president chooses to devolve those of his powers that he considers a burden: the

second person in charge, the PM, to be precise, gets his taste of some of the discarded powers. And so

it continues down the line, to federal ministers, the CMs and their cabinets until it dilutes down to the

nazims, who lie at the last tier, exercising the dregs of the discarded power. The UC councilors found

at the bottom of the pyramid merely act as unwilling minions doing practically nothing but drawing an

honorarium, a respectable name for a paltry monthly sum flung their way. The only one over whom

the councilors have an edge are the hapless public (Participants in a seminar held in the city

(Lahore) by the NGO South Asian Partnership evaluating the three years of the working of the

local body system)

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If interferences from federal government don't stop then it (LG system) would work as an extension

of the federal system. According to them the recent amendments had changed the spirit of the system

authored by NRB. One speaker said the "Basic Democracies" system introduced by General Ayub

Khan collapsed with the end of his 10 year dictatorship and no one was talking about it. A total of 114

amendments have been made in the LGO as compared to 17 amendments in the constitution over the

last 32 years. The non confidence procedures against the nazims were highly criticized and speakers

were of the view that if a nazim was elected by a simple majority, he should be removed by no-trust

motion, through simple a majority. New changes into the system have vested all powers with a chief

minister to send any district nazim home. The Local Government Commission would work only as a

rubber stamp (Speakers in a seminar organized by Aurat Foundation Peshawar on "Recent

amendments into the LGO")

· President General Pervaiz Musharraf has promulgated Police Order (Second Amendment) Ordinance

2005, which will come to force with immediate effect. Under the second amendment ordinance, police

complaint authority and public safety commission have been combined and named national public

safety and police complaint commission at the national level, provincial safety at the provincial level

and district public safety and police complaint commission at district level. Public safety commission

will also be set up in federal capital. The district nazim will be authorized to write only report about the

performance of DPO with reference to law and order situation and a 5-part pro forma is also enclosed

with the ordinance in this respect. It has been introduced as performance evaluation report of the head

of district police. The district nazim will have no power to write annual confidential report of the

DPO. Local policing plan will be evolved jointly by the DPO and district nazim. The DPO will

implement this plan after approval from district public safety and police complaints commission (A

news report)

· District governments could not properly run some 417 colleges under their control because nazims

lacked interest and experience. "Most appointments, transfers and postings had been made on a

political basis. Therefore, the government had taken back powers of appointing BS-19 officials in the

colleges from them (nazims)," Mr. Masood told Dawn here on Friday. He said the district government

could not spend funds allocated for the development of these colleges. The district governments used

to spend funds allocated for the colleges on other schemes to win approval of voters, he added (Mr.

Imran Masood, Punjab Education Minister)

One can clearly see from the above press items that the reactions and experiences of different stakeholders

regarding devolution vary widely depending on various factors and situations.

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