Seething Democratic Government

By Waseem Ashraf

There are no magic answers, no miraculous methods to overcome the problems we face,
just the familiar ones: honest search for understanding, education, organization, action
that raises the cost of state violence for its perpetrators or that lays the basis for
institutional change -- and the kind of commitment that will persist despite the
temptations of disillusionment, despite many failures and only limited successes, inspired
by the hope of a brighter future (Noam Chomsky), the country wide protests for
continuation of Local Government system is giving hope for a new political landscape in
Pakistan.

It was Second quarter of the year 2001 when an effort was made to create Local
Government in Pakistan and people were talking about new system, having hopes and
feeling, confident and enthusiastic as a part of process for decentralization in a
democratic way. Why were people so confident? The reason was consultation and their
involvement in the process and role in creating local governments with a vision, a right to
develop and self-governance with an opportunity for empowerment. Local Government
Ordinance 2001 was promulgated, elections held and people, who were annoyed with old
system’s hide and seek of democracy and martial law, participated and elected. It was
time when more than 125,000 in 2001 and 84000 in 2005 people were elected from all
segments of life and became the part of local governments to serve and perform.

We are in 2009, but second quarter is witnessing denigration of a significant feature of

Pakistan’s political landscape the same Local Governments, heated debates are going on
to scrap it. Two schools of thought can be clearly marked as opponents “the ruling class”
and exponent “people”. It’s difficult to equate both as former are powerful and latter have
unheard voice, because ruling party has one point agenda to replace local government
system with local bodies and pushing us 30 years back under Local Government Act
2009 including separation of the rural and urban areas of cities, re-introduction of
municipal corporations and district councils, and giving only municipal functions to them
so as to return administrative powers to the official machinery, to be headed either by a
deputy commissioner or DCO (structure not clearly defined, presumably Deputy
Commissioners because commissioners’ office is already established). In 1947 the areas
that constituted Pakistan had few developed systems of local government and they were
confined mainly to Punjab. Wherever local government existed, it was not based on adult
franchise and its agenda and budget was under severe bureaucratic control of the Deputy
Commissioner who played a critical role in determining its policy, where would we be
standing? Three convention attended by thousands of people from all walk of life
significantly depicting a new political thought among people who wants to participate in
the affairs of country by saving local governments from civilian PCO and 58-2B by
introducing a new form Charter of Democracy introduced by Mr. Daniyal Aziz.

The antagonists have a few arguments to prove this system adverse, for example, the
system was introduced by a dictator & Army General, massive corruption, no
accountability, lack of control and coordination with the provincial government and
duplication of departments, the system did not deliver as it is a parallel system etc. As per
against these arguments the dictator has neither appointed any army officer nor motivated
them to contest election as Nazim or councilor; they all were civilian elected by people
from their respective constituencies and it happened twice in last eight years. If
government has evidences of corruption they should take action against the corrupt,
Local Government Ordinance 2001 has very elaborative system for monitoring,
accountability and internal control under section 131 to 140. These should be stimulated
to make necessary amendments. It’s not a parallel system; it is the third tier of the
government and is the most important level of government close to people. Its policies
and programs have impact on residents, workers, and visitors on a daily basis. It is not
detached form provincial government as its link is defined in section 127 & 128.

Regardless of flaws or criticism on this system people are still satisfied with it because it
has delivered goods. This system served as a political nursery in its real sense, if we
analyze results of general elections held in 2002 and 2008, respectively 21% and more
than 40% MNAs and MPAs respectively were either Nazims and councilors or their
relatives. It has created an emerging cadre of non-traditional and potential leadership
which is viewed as imminent threat to traditional leaders who want to rule over this
county through their dynasty as their legal heir. Erstwhile local government
representatives and now MPA/ MNAs won elections because they were close to people
and had performed well. They are product of this system but they are silent on this issue,
why? I wonder, this silence is significant and we have to find out its answer.

This system gave a right of development to people under section 93 to 106 and 119 that
enunciates bottom up planning process. A common man has a right to participate through
formation of Citizen Community Boards, Village and Neighbourhood councils and other
forums. From a community development perspective, as the social capital of
communities grows, so should their desire and capacity to take more control of their
future, with less dependence / reliance on government as the driver or instigator of
projects and initiatives. Resultantly, there are more than 35000 CCBs in Pakistan which
have contributed about one billion rupee as their share in public development schemes.
There are about 1000 VNCs who started working at grassroots level and creating link
with three tiers of Local Government. We have experienced good results by creating
Anjuman Musalihat Committees which has lessened the burden of courts because plenty
of trivial cases used to be registered in courts. In every council, members are assigned
responsibility to monitor by forming committees their functionality remained in question
but mechanism exists. Provincial Governments are spending a lot of money but are
unable to create any impact regarding Police Community relations and improving Thana
culture. On the other hand, in different district such as Haripur and Lasbela Union Public
Safety Committees performed very well and demonstrated ability to improve Police
Community Relations with fewer resources. The other experience is computerization of
police record in four districts (Lasbela, Narowal, Haripur and Khairpur). It gave amazing
results as Police Station Monitoring Information System helped DPOs to know about
total strengths and crime trends and other useful information to improve community
policing and control crime by aligning strategy for crime prevention. In eight years we
have seen infrastructure development, TMAs have provided services to people, and
things became easier for them as elected representatives were accessible and answerable
to public due to their roots and presence in the area. Regarding district government
performance it is visible though they were not given full power by provincial
governments. More than 5000 government officials from all departments were trained
which increased efficiency and introduced incentive system especially in education
sector. It also improved performance of officials in many districts; a large number of civil
society organizations were involved in the process and they assisted in different
programs. Interaction and networking of elected representatives improved inter-
provincial coordination and harmony and formation of Local Council Association is
another achievement that endorsed and strengthened right based democratic process and
nurtured norms and values in the system. Provinces have less opportunity to participate in
main stream of politics; this system has provided people of Balochistan and NWFP to
participate in main stream of politics.

Distantly, there are some grey areas of this system which inexorably require
improvements. It can be done through a consultative process with all stakeholders but not
in slapdash demeanor. People are annoyed with democratic governments of two major
parties because they do not come up to expectation of people. Moreover; they are
depriving people of their right for development and self-governance. There is mumbling
on this unpopular decision by the Prime Minister who is ready to watch Government of
Punjab’s interest not giving due consideration to people of Pakistan’s aspirations. It is not
judicious to settle political ties on the cost of people’s aspiration. I still doubt the basis of
unanimity of provinces on this issue, they might be misled too. Balochistan and NWFP
should deliberate on it, instead of following blindly the same document that might be
prepared by one of the most experienced Baboo, a section officer in an old room of Local
Government Department and Rural Development. Noam Chomsky wrote “The most
effective way to restrict democracy is to transfer decision-making from the public arena
to unaccountable institutions: kings and princes, priestly castes, military juntas, party
dictatorships, or modern corporations”, it seems case as Provinces are going to decide
the type of system they want.

Furthermore, heated debate on media has shockingly exposed the curators of new local
body system; they are having important portfolios in government but their discussions
were without visions, full of misunderstanding and bigotry and lack of knowledge about
the system ascertaining to a personal vendetta. The irony of fate is that the sitting Local
Government Minister was once champion of rights of representative of Local
Government and campaigner of the system is now behaving like Brutus. Unfortunate we
are when Law Ministers from Punjab and Sindh showed oblivious attitude and denied
about proposed Act 2009 that was discussed in cabinet, and would be enacted after
debate in provincial assembly that shudders to visualize people like Shumaila Rana, Haji
Rafiq, Ch. Ghafoor and Gill sitting in assemblies and they will decide the fate of people.
PPP and PML (N) leadership should also examine and analyze shallow statements and
political short-sightedness of proponent of new system who have no line of reasoning
otherwise; it would be a quagmire as we are hearing mumbling and uproar from civil
society of Pakistan which is vibrant and initiated ‘Save the Local Government
Movement’ from Lahore while holding a press conference. It has become a vital case
Local Government vs. Civilian Government and political parties have put it on their
agenda with the support of media. It is playing very vital role in supporting the voiceless
to give them voice for their rights. It is media which has unveiled intellectual insolvency
of our leadership and decision-makers.

During the political government, legislators want absolute power especially over
monetary affairs. Bureaucracy finds these legislators a fine scapegoat and legislators are
willingly like and are at ease on this arrangement, as we have noticed that provincial
finance minister Punjab has given powers to Commissioners to approve and implement
the development schemes of MPAs/ MNAs, instead that the petty development tasks are
maintained by the local government. Legislators and bureaucrats take it as their right to
spend money on sanitation, drainage and roads. The newly established power of judiciary
has very subtly, pointed out the legislatures are not legislating therefore, judiciary has
sent some 59 ordinances to parliament to debate and decide. They should frame laws,
concentrate on putting the country to right path and plugging in various holes of
corruption. Thus local governments will continue to remain in the service of common
people.

If we review Local Government systems in the world, they also change accordingly but
not drastically to the level to scrap it. Those are evolved and developed under a certain
framework and same is needed here. People are not out to save Nazims but they want
continuation of this system with necessary changes if required. The course of action can
be to have election in time without interval to strengthen democratic electoral process, to
have an analytical review of merits, progress and demerits of this system, propose
changes to trim down demerits through a process approach and subsequently introduce
these changes to create ownership of all stakeholders including general public. Prime
Minister of Pakistan has formulated a committee to review concurrent list. Federal
Government look after the federal affairs, provincial governments to manager matter
relating to provinces and local government will cater to the needs of people at local level.
It is healthy step towards decentralization of power and it can productive if a local
government system would in place.

Muhammad Waseem Ashraf

House No. 93-G/4 Wapda Town
Lahore
wasriz@yahoo.com
0300-5017330
Preliminary findings of a District Government Performance Evaluation Study by the Free
and Fair Election Network (FAFEN) suggest that a majority of citizens, local
representatives and civil servants oppose scrapping of the Local Government System and
want improvements in the existing system to enhance the quality of democratic
governance in Pakistan.

A new charter of Democracy has introduced by representatives of Local Government

against the move to abandon LG system. The CoD is…

It was also assured that struggle will remain for provincial autonomy ensuring the
enforcement of Article 240 241 of the constitution to ensure the officers of the provincial
services get their due rights and preserve and promote their career prospects.

Proposed local government laws are a deliberate effort to violate all national
constitutional rights and international norms and protocols signed by Pakistan.