PUBLIC POLICY Policy has been defined as a set of decision taken by a political leader or group (commanding authority of implementation) concerning the selection of goals and the methods of attaining them within a specified situation. Frequently-cited definition of “policy” is given by political scientist Carl J. Fredrick who regards policy as a proposed course of action of a persons, group, or government within a given environment providing obstacles and opportunities which the policy was proposed to overcome and utilize in an effort to reach a goal or realize an 1
objective or a purpose. On the other hand, the simplest definition of “public policy” is whatever 2
government chooses to do or not to do. Public Policies are policies developed by governmental bodies and officials. Non-governmental actors and factors may influence policy development but they cannot formulate public policies. Policy is interpreted and implemented by public and private actors. Public policy, like a complex decision may be compared to a great river, drawing from its 3
many tributaries, the innumerable component parts of which it is constituted . The success of a policy may ma y often hinge upon the administrative implications involved, and the capability of the administrative machinery and personnel. Public policy involves a large number of persons and institutions- ministers, public servants, parliamentarians, politicians, interest and p ressure groups, professionals and experts, foreign countries and their interests etc.The formulation and implementation of public policy is the prime task of the executive branch of the state 4
(government). The electoral system provides the citizens with representatives and they create an 5
executive to rule and make policy. Notwithstanding the primary of the executive branch in policy making, the significance of the legislative branch cannot be ignored in public policy. PRINCIPLES OF PUBLIC POLICY IN PAKISTAN
The “Principles of Policy” contained Policy” contained in Chapter 2 of the Constitution of Pakistan 1973 might be regarded as the charter of the aspirations of the people and the State. These principles
1
Carl J. Fredrick, Man and His Government (New York: McGraw-Hill, 1963) Thomas R. Dye, Understanding Public Policy, 7 th Ed. (Englewood Cliffs, New Jersey: Prentice-Hall, 1992) 3 Hassan Habib, Public Policy- Formulation and and Review ( Lahore WAJIDALIS, 1976),v, 3. 4 Mark turner and David Hulme, Governance, Administration and Development: Making the State Work (London: Palgrave, 1997) 5 Mark Considine. Making Public Policy: Institutions, Actors and Strategies (Malden: Policy Press, 2005) 2
lay great emphasis on promotion of social justice and eradication of social evil, on the promotion of the social and economic well-being of the people; on promoting international peace; on the protection of family; on the full participation of women in national life; on the protection of minorities. The Constitution requires an annual report on observance and implementation of the „Principles of Policy‟ before the National National and Provincial Assemblies. This provides opportunity to elected representatives to contribute on public policy issues. It also can serve as accountability mechanism for policy defects and poor implementation. These provisions have never been followed for policy corrections and accountability. Despite various amendments in the Constitution, it is primarily the prime minister and his/ her cabinet which is the helm of public policy decision-making in Pakistan and not the president.Statutory framework for public policy decision-making in Pakistan, as governed by the Rules of Business, 1973, provides that prime minister is the ultimate authority to approve or amend any policy framework.
FACTORS INFLUENCING POLICY FORMULATION IN PAKISTAN CONSTITUTION 1973 AND POLICY MAKING
The specific provisions have been made regarding the Principles of Policy in the Constitution of Pakistan. Article 29 of Chapter-2 describes these Principles. It is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority. In so far as the observance of any particular Principle of Policy may be dependent upon resources being available for the purpose, the Principles shall be regarded as being subject to the availability of resources. In respect of each year, the President in relation to the affairs of the Federation, and the Governor of each Province prepare and laid before the National Assembly or the Provincial Assembly, a report on the observance and implementation of the Principles of Policy. A study conducted in 2004 6
reveals that only nine reports have so far been submitted to the National Assembly. These reports provide a significant opportunity to elected representatives to highlight debate and firm up recommendations on a wide range of public policy issues in the country. countr y. PARLIAMENT (MAJLIS-E-SHURA)
6
Nazeer Ahmad, Constitution and Peoples Rights in Pakistan. Pakistan . (Islamabad: The Network Publications, 2004)
Article 50 of Constitution, 1973 provides for formation of a Parliament, legislative procedure (Art. 70), procedure for money bills (Art. 73), the financial procedure (Art. 78). It is observed that due institutional framework has been provided to scrutinize and control expenditure of the government through the Assembly but experience over the years shows that the budget as presented by the Finance Minister before the Assembly is by and large approved as there is hardly any contribution from the treasury or even the opposition benches to modify it. Similarly, on the legislative issues, there is hardly any debate that is witnessed. If the proposal suits majority of members, it is approved even if it is no t in the national interest. CABINET
Article 39 of the Constitution 1973, provides that there will be a Cabinet of Ministers, headed by the Prime Ministers. It is a body at the highest level to take and approve decisions. The bureaucracy formulates the proposals in the form of summaries reports etc. to be approved by it. The budget is approved b y the Cabinet before being placed before the Assembly. However, quite a few policies, like the Trade Policy, Investment Policy, Industrial Policy and Agricultural Policy are approved and the ratification of International Agreements/ Conventions are done by it. As such important policy decision which may not have been debated in the Assembly or any broad forum, and may even be, in deviation from the consensus in the Assembly and even the general public demand, are approved or modified by the Cabinet and its various committees through issuance of SROs and as such the spirit in which the Parliament had taken the decision is seriously compromised. POLITICAL PARTIES
“Man is a political animal”, so said Aristotle. Therefore in a society where man lives there has got to be politics and political parties even if it is just one in a country, according to the political system of that country. Political environment has also pointed out the existence of not only the formal but also that of the informal political groups as well. The political environment in our country resembles more with this model. Political parties in our country are not organized, with the exception of few and in that sense not very formal institution. They are created on the basis of following of some individuals, instead of being formed for some well-defined objectives, cause or agenda. Notwithstanding all this, the fact remains that political parties and political groups do exist in our society. They get into the government or become the voice of the opposition, they have their views on the issues, and hence exert influence on the policy making
process in either capacity, when in power they (with the bureaucracy) are the formulators of policies and in the opposition their critics. BUREAUCRACY
If political leadership is the edifice, bureaucracy is the whole structure of the government, from pillar to its roof. It is the institutional framework for conducting all the work of the government. It is there to plan, organize, manage, execute, implement, and to advise the political leadership in power, be it the civil or the military bureaucracy. In the international and national context, the country‟s bureaucracy is the premier institutional framework for its policy framing. It has set rules, laid down principles and is well established institution for this purpose. The Constitution provides for conducting business of the government according to the Rules of Business, which allocates various functions of the government to the several Ministries, Divisions, Departments etc, and requires that on an issue, any proposal should have to be duly examined and concurrence/ views of the Ministry/ Department/ Authority having jurisdiction be sought over it. JUDICIARY: THE BENCH AND THE BAR
The judiciary can play a pivotal role by exerting its influence on the policy making and especially its implementation, if it is made independently, and is neutral. Policy makers and its implementers would always have the fear of having to face the court, should anything be found to have been done by them in contravention of law. As such, role of the judiciary as watchdog would be very effective. In Pakistan, the judiciary has been independent, as much as it has wanted itself to be independent. Pendulum of its neutrality has swung on matters related to military takeover to other issues. If need be, the judiciary brought into existence the doctrine of necessity for the necessity of their existence. In contrast, the role of bar as the watchdog has been more prominent, on national policy issues, although at times their activism is predominantly politicized. Yet they have never hesitated to lodge protests to express their point of view through resolution of their bodies, meetings, processions, and even agitating them in the court of law by filing suites. MEDIA
Media plays the most important role in communication between the different segments of the society and the state, and for formation of the public opinion. Media can affect politics and culture, support institutional change and market development. Open information flows can
promote institutional reform by affecting people‟s incentives and by sharing ideas and knowledge. Greater access to all media, including the foreign and the vernacular, can provide a voice for social groups to press for changes in institutions and norms of behavior. In Pakistan, media is spread over both the print and the electronic modes. Pakistan is a smaller market, where a small portion of population reads newspapers. On the other hand, production costs of press & publications are very high and the expenses can hardly be met out of circulation. Print media, therefore, has to heavily depend upon advertisements which do not come without due influence. In this situation, the question arises, as to what extent the print media propagates the interests of the vested interests and to what extent that of the public, the national interest. Nevertheless, there are newspapers, and especially the news magazines, which have reflected public opinion objectively, have criticized government policies, when they are not in national interest, exposed corruption, mal-practices, misuse of power, atrocities, conspiracies, and mismanagements at the costs of suffering of various natures both from the government as well as the effected persons/ groups etc. In these circumstances, the press has been able to influence the policy framing and implementation, though not ideally, in its own little way effectively, especially on crisis occasions and on core issues. PUBLIC OPINION
Public, the major mass of the society for whom most of the policies are framed, are living entities. It is, therefore, necessary that the policies are made for their benefit, and not to be detriment of their large opinion, nor at their cost, to appease a section of elite. Their opinion, therefore, is of prime importance in the policy formulation process, which should have their acceptance for its acceptance. Their opinion is formed mostly from the information gathered from the media i.e. print and electronic or in the case of media not being able to furnish such information due to censor or some other reason, from other sources in the society. Mostly, it is effective enough to get the policies modified according to its wish. The constant example of its expression is the elections which in other word is the acceptance or rejection of the policies of the contestants. VESTED INTEREST GROUPS
Groups are after all formed with common interests. It is, therefore, natural that they strive to protect and pursue that common interest. This interest could vary from self interest with
ulterior motives, on one hand, to the collective interest for the larger benefit of the society on the other hand. These groups are as follow:i)
THE TRADE BODIES
In Pakistan trade bodies are fairly well organized. Almost all manufacturing sectors have their own Associations/ Unions. In every large industrial and commercial city, there is a chamber of commerce and industry which in turn have formed the Federation of Pakistan Chambers of Commerce and Industry. These trade bodies play an important participatory role in the policy formulation process in the policies relating to their areas of interest. Government very often involves them in the consultative process for formulation of trade policy and import and export policies. ii) THE NGOS
The NGOs are the voluntary organizations in the society rendering services in one or more areas of society‟s welfare or common interests. In Pakistan, there are a large number of such organizations in different walks of life and fields. They not only exert influence on policy formulation but also render a very valuable support to the government in policy implementation process, especially in the fields of health education, poverty alleviation, gender issues etc. iii) SECTARIAN ORGANIZATIONS
On the other extreme are the sectarian organizations due to whose recent activities, government has to devise, and modify its policies on law and order, and functioning of “madaris”. This naturally would have affected the government‟s financial policy, subjecting it to re-adjustment to absorb expenditure on such measures. GEOGRAPHIC/ DEMOGRAPHY AND NATURAL RESOURCES
Status of the infrastructure in a country to a large extent influences the policy formulation process of the country, through the availability and adequacy of these facilities, like road, rail, sea and air transport services, port facilities, telecommunications, water, electricity and gas, and their costs, as they play a very important role in the development process. These facilities have great impact on the investment, industrial, and the agricultural policies. Geography has a very basic impact on the policy framing as well as on its implementation. Geography provides constants to a country and some variables. Having Port (s) provides opportunity of facilitating trade, exploitation of exclusive economic zone, sea foods, off shore drilling etc. rivers, water resources and land help to produce agricultural products- climate also depends largely on
geography and so do the rains weather etc. Demographic factors also play an important role in policy framing and implementation. Programs like poverty alleviation, Health, education, utilities, infrastructure development depend upon size of the population. Rate of growth of population has direct bearing on commerce development/ GDP. ETHNICAL ISSUES
Not only that the integrity as such sets in the reputation of the product produced in and exported from a country, but also the trust and confidence in agreements reached and their fulfillment, largely affects the dealing with other states/ multinational organizations. Government accordingly has to make more rigid policies to ensure compliances of standard, honoring agreements, maintenance and improvement of quality etc. Within the society in itself the ethical values of the society have a strong bearing. This affects policies like production, export, and trade of liquor, film literature, entertainment business, tourism policies etc. LAW & ORDER
Law and order situation has a direct bearing on our investment, tourism, industrial and trading activity. These policies, therefore, are directly affected by the law and order situation, but not entirely dependent on it. Besides law and order, there are other factors such as the economic factors, which predominantly effect the investment in the country. Law and order if deteriorating has an adverse effect on investment but no proportion can be drawn in quantum of its effects on investment. EXTERNAL THREAT
In the shape of India, Pakistan has a neighborhood extremely hostile to it. Its borders being insecure, Pakistan has to maintain an army proportionate to its threat. The situation affects more than one aspect of Pakistan‟s policies. On the fiscal front, Pakistan has to spend a huge portion of its resources for defense purposes. Huge expenditure on defense affects the entire economic system, its tariff requirements, and development programs etc. On the other front of foreign policy, Pakistan has to make an extra effort to minimize the threat and resolve the issue through diplomatic means. The conditions at the borders intensively affects our defense, fiscal, foreign and trade policies. INTERNATIONAL RELATIONS
Relations of a state with the rest of the world community play an extremely important role in policy formulation. Pakistan is an active actor of the international community. It is a
member of the United Nations, Common Wealth, SAARC and the ECO. It has signed many International Conventions, and Agreements etc. Its policies have, therefore, got to be framed in light of these obligations. THE GLOBAL ENVIRONMENT- THE IFIs
The continuous dependence on loans and funding from IMF, World Bank and other lending agencies for development programmes under different government has badly affected the policy formulation and implementation in Pakistan. These loans have never been coming unattached but with the tags of the series of their conditional ties to seek and get formulated our economic fiscal, trade, tariff and various other policies according to the donors‟ desires. Even to the extent that structural reforms ranging from tariff structures to service reforms, downsizing, privatization and project designing, has been done to suit donors instructions. The core budget proposals seek their concurrence. Pakistan‟s dependence on foreign capital inflows to finance investments, balance of payments deficit and budget deficits has made it vulnerable to the wishes of the donors. Therefore, due to the interaction of the IFIs with the Pakistan‟s policy formation process, the public administration and the bureaucracy in Pakistan have also acquired a global dimension whereby decision making is not an isolated action and compromises on the economic sovereignty are to be made proportionate to the conditionalities of the donor agencies.
SECTION-2 ROLE OF STATE INSTITUTIONS IN PAKISTAN In today‟s modern democratic State the important institutions are: 1. Legislature 2. Judiciary 3. Bureaucracy 4. Army
a)
State Institutions in Pakistan In a modern democratic state the cabinet form of government is practiced and it is the
cabinet that exercises the right to choose out of available policy proposals/ options prepared by the bureaucracy.
In case of Pakistan, over the past 63 years the role of various state institutions can be summarized as under: 1947-51
Periods of turmoil and turbulence, but major decisions regarding foreign policy, economic development, fiscal arrangements, internal security, etc. were being made by the bureaucrats.
1951-58
Democratic governments in name but the shots were called by the bureaucrats while the military was supporting them as a junior partner.
1958-69
Bureaucratic rule
1969-71
Bureaucratic rule Military
-
senior partner
Bureaucracy
-
junior partner
Feudal politicians supporting the system from the outside. 1971-77
Populist autocracy, military and bureaucracy playing second fiddle because of the debacle in East Pakistan, but biding their time.
1977-85
Bureaucratic rule once again Military
-
senior partner
Bureaucracy
-
junior partner
A motley crowd of religious leaders, discredited feudal politicians and opportunistic professional groups supporting the system from the periphery. 1985-88
Repetition of 1951-58
1988-99
Feudal democracy with marked autocratic bias supported by a strong army and a weak bureaucracy.
1999-08
Military rule, democratic government in name only, shots were called by the military, weak bureaucracy.
2008-10
Democracy (weak), shots are called by the military, bureaucracy at its weakest (politicized). Judicial activism / constitutionalism coming to the fore.
b.
STRENGTHS AND WEAKNESSES OF INSTITUTIONS
Institutions
Strength
Legislature
Custodian of the constitution
Weaknesses
Coalition governments
Bureaucracy
Representative body
Elected house
Parliamentary oversight
Feudal/ autocratic rule
Law giving body
Rubberstamp usage
Capacity issue
Judiciary
c.
Outcome
of
Properly organized
Red-tapism
Structured in form
Corruption
Merit based
Inefficiency
Politicization
Neutral
person-
centric
political parties
Military
Organized
Power hungry
Command driven
Corporatized
Loyal
Politicized
Disciplined
Arrogant
Independent
Subservient to Executive
Judicial oversight
Corruption
Constitutional Interpreter
Politicized
Introvert
ROLE OF MILITARY AND BUREAUCRACY IN PAKISTAN
The roles of military and bureaucracy have been highlighted by Mr. Tasneem Ahmad Siddiqui in his book “Towards Good Governance” as already discussed above. In modern democracies, the government‟s role is minimal and a lean government is considered to be a good government. The private sector, community groups and local councils take care of most of the day to day problems of the people. But in Pakistan, governance is excessive and for very small problems, the citizen has to go to the government offices. In the early days, the role of policy making and its implementation was played by the bureaucrats while in 50s there were so called democratic governments and the policy making and its implementation remained with the bureaucracy. Military supported the setup as a junior partner. The same arrangement continued
in 60s & 70s with military increasing its role gradually at the cost of bureaucracy which was consequently reduced to a junior partner. In 70s populist autocracy led by Mr. Zulfiqar Ali Bhutto played the leading role and both military and bureaucracy played the role of second fiddle. However, during Zia-ul-Haq days, the old pattern of bureaucratic rule once again re-emerged where military played the role of senior partner and bureaucracy became the junior partner. In 80s & 90s, the feudal democracy prevailed which had the support of the strong army and a weak bureaucracy. In Musharraf days, the army virtually controlled the country in all domains. Some kinds of sham democracies were brought in for showcasing purposes but the real power remained with the army while bureaucracy was further weakened. d.
POLITICIZATION OF BUREAUCRACY
Since its birth, Pakistan has been governed by its elites, mainly bureaucratic, military, and political. The bureaucratic elite who had formed an important element in the power structure since the very creation of Pakistan gradually became more assertive, frequently gaining their steadily increasing power at the expense of the political elite. An important contributory factor in this development was the fact that at an early stage in Pakistan‟s history some erstwhile bureaucrats were able to occupy the political positions of Governor General and Prime Minister. They brought with them the traditions, outlook, and attitudes typical of the bureaucrats and their sympathies were slanted more towards the bureaucracy than towards the political institutions. The military coups of 1958, 1969, and 1977 further strengthened the power and prestige of civil bureaucracy. It can be maintained that during the greater part of Pakistan‟s history, higher 7
bureaucracy has ruled the country; in fact Pakistan can be described as a bureaucratic polity.
With the murder of Prime Minister Liaquat Ali Khan, a close associate of Quaid-e-Azam, Ghulam Muhammad, assumed the position of Governor-General in 1951 and abrogated the Constituent Assembly in 1954. Bureaucratic supremacy over political institutions was thus publicly demonstrated. The military‟s complete support and involvement was also symbolized by General Ayub‟s presence in the so-called “cabinet of talents” under a non-elected prime minister, Muhammad Ali Bogra from 1951 to 1955. Therefore, four persons- Chaudhry Muhammad Ali,
7
Forward written by Hashmi, S.H., Dean, Faculty of Social Sciences, Quaid -e-Azam University, Bureaucracy in Pakistan, by Charles H. Kennedy, Oxford University Press
Ghulam Muhammad, Iskandar Mirza, and General Ayub Khan- were freely operating on the 8
chessboard of Pakistani politics.
At independence, Pakistan inherited an administrative system designed for maintenance of law & order and collection of revenue at the provincial level. There was no federal government and at the local government level, the district boards headed by elected chairman under the control of Deputy Commissioner/ Commissioner existed at the gross root level. The system was not accountable to the people. In the post independence era, the bureaucracy was required to be accountable to the people by making them responsive to the political control of elected representatives and to focus their priorities towards development. Owing to weak political governments, the powers of bureaucracy were not clipped during the first 20 years and it kept on ruling the country in collusion with the military. However, in 1969 during second martial law, 303 senior civil officers were dismissed and bureaucracy was reduced to the status of junior partner to the military. Again in PPP government at the end of 1971 about 1400 civil officers were dismissed which was a major shock for the bureaucracy. The worst to follow was 1973 administrative reforms, whereby, constitutional guarantees were removed and the cadre i.e. Civil Service of Pakistan was abolished and replaced by various administrative groups coupled with large scale lateral entries at all levels not through Public Service Commission. Thus, the bureaucracy became very much responsive to the control of the Prime Minister and the PPP government. During Zia-ul-Haq regime lateral entries were gradually stopped but induction of substantial number of armed forces officers at top and middle levels of bureaucracy started. After 1985 and up to October 1999 the politicians replaced the military high command as senior policy making partner in relationship with the bureaucracy while after October 1999, it was again the military high command which had been the senior partner in this setup. About 600 senior level posts at the federal and provincial governments level were held by retired and serving military officers. At the local government level, devolution plan brought a fundamental change. With commissioners gone, DCs gone, DIGs gone SPs not gone but back again as DPOs. DCO now subordinate to District Nazim, (who is supposed to initiate his ACR) and thus bureaucracy has been thoroughly politicized.
8
Sheikh, Riaz Ahmad, A State of Transition: Authoritarianism and Democratization in Pakistan, Asian Journal of Global Studies Vol 3, No.1 (2009), 04-21
Removal of constitutional guarantees and abolition of separate services contributed to politicization because in the post 1973 period under Bhutto and Zia-ul-Haq and later under Benazir Bhutto and Nawaz Sharif bureaucrats realized that they needed high political or military connections to obtain choice postings or promotions. Politicians and senior military officers were in their own interest only too happy and this “I scratch you back you scratch mine” relationship continues to this day. JUDICIAL ACTIVISM / CONSTITUTIONALISM IN PAKISTAN
A modern democratic state is built on the principle of tri-chotomy of powers, i.e. the judiciary, executive and legislature have to perform their own designed functions. However, it has been observed that even in developed polities, the functioning of the legislature and executive leave a lot to be desired. Instead of being vigilant and acting as a check on executive persecution, the legislature becomes its hand-maiden. In addition, it is slack in enacting laws. To fill the vacuum resulting from this legislative-executive mal-functioning, the judiciary has to assert itself by providing relief to the sufferers of tyranny and by interpreting laws, which are either deficient or vague. The advent of parliamentary democracy in 1985 marks a water-shed in Pakistan‟s political development. The renewal and strengthening of the political process has also brought to the fore the concomitant advantages associated with such a process. The most significant blessing of the strengthening of the democratic process has been the assertive stance being exhibited by Pakistan‟s superior judiciary. Judicial activism has never been a feature of Pakistan‟s polity. Instead, our judicial history is replete with landmark decisions which legitimized executive arbitrariness and extra-constitutional adventures. Our higher judiciary has condoned, at various times, the dissolution of the first Constituent Assembly and the proclamation of martial laws in 1958, 1969, 1977 and 1999. It would be short-sighted to put all the blame for the above on the judiciary alone. A free and assertive judiciary does not grow in a vacuum. It needs a free and democratic dispensation to nurture it. Thus, the much talked about judicial activism is a result of Pakistan‟s return to constitutional government. Right now the country is embroiled in a rather destabilizing controversial tussle between increasingly hyperactive judiciary and Government. Judiciary is actively pursuing a policy of activism as compared to judicial restraint. The Judiciary is increasingly confrontational with the Government. If this worsens, it would harden the judiciary’s stance on several issues.
Furthermore, increase in confrontation with the Government will also ultimately result in government not honoring the Judiciary‟s decision and thus weakening the later. All the three major stakeholders: Legislature; Judiciary; and Government need to show maturity. The mediation between Government and Judiciary is extremely essential. POLITICAL INSTITUTIONS & POLITICAL PARTIES
Before the creation of Pakistan, the main aim of the All India Muslim League‟s political program had been the achievement of Pakistan without spelling out very clearly what that meant and what it should be like. After coming into existence of Pakistan the Pakistan Muslim League was in dire need of a new program and direction which it found difficult to develop (until today!). Quaid-e-Azam, the intellectual and factual leader of the Muslim League was busy in tackling the daily emergencies of the first months of Pakistan‟s existence. Besides, his failing health might have been another reason for his inadequate attention to the re-organization and readjustment of the Muslim League to the demands of Pakistani reality. No other leader came to the rescue of the founder political party i.e., Muslim League. It was torn between the ongoing power struggles between different Punjabi feudal families after the demise of Jinnah in 1948 and Liaqat Ali Khan‟s assassination in 1951. Regional parties with nationalist ideologies were perceived as enemies rather than a new feature in a growing independent party system of Pakistan. This vividly shows that the reorganization and development of political institutions in Pakistan met with many obstacles which kept them extremely weak from the very beginning. This created a power vacuum in the political set-up which was filled with ongoing quarrels of individual contenders for power. The only institution which was functional at that time and was re-organized at a quick pace was the Pakistan army. The Kashmir war and the (real or perceived) Indian military threat for Pakistan were two powerful factors which made the civilian governments concede overall priority to the army and its needs. Because the army was a well established and functioning body and had the aura of being straightforward and void of corruption. With the coming down of the military to day-to-day political, administrative and economic involvement this became something like a self-fulfilling prophecy: theories about the capacity to modernize society were introduced and gained plausibility among the army itself and also among a part of the public. This entrance of the military into politics proved to be a development which by now has made it a full-fledged player in Pakistan‟s politics and economy.
The weakness of the political institutions and political parties in Pakistan is one of the major reasons for the weakness of democracy. This weakness gave the possibility and ma y be the compulsion to the army to step in at certain points in the history of the Pakistan state when in a crisis situation the political government turned out to be not strong enough to deal with a situation or when a government tried to encroach upon the power of the army. PUBLIC CONSULTATION / PARTICIPATION IN POLICY MAKING
Generally public participation seeks and facilitates the involvement of those potentially affected by or interested in a decision. The principle of public participation holds that those who are affected by a decision have a right to be involved in the decision-making process. It implies that the public's contribution will influence the decision. Public participation may be regarded as a way of empowerment and as vital part of democratic governance. In the context of knowledge management, the establishment of ongoing participatory processes is seen in the facilitator of collective intelligence and inclusiveness, shaped by the desire for the participation of the whole community or society. Effective public participation depends on the public having access to accurate and comprehensive information. Hence laws regarding public participation often deal with the issue of the right to know, access of information and information. The underlying assumption by political theorists, social commentators, and even politicians is that public participation increase public trust in authorities, improving citizen political efficacy, enhancing democratic ideals and even improving the quality of policy decisions. However, the assumed benefits of public participation are yet to be confirmed. In developing countries, the level of popular participation in policy making has generally been much less than in developed nations. The official channels for participation are restricted. This is not uniform across developing countries. Zambia, known for its backward and underdeveloped political institutions has a history of parliamentary debate on public policy.
9
Bureaucracy generally leads policymaking process in developing countries. Their involvement varies from country to country. In Bangladesh with absence of an effective power structure, bureaucratic power is extensive and pervades the entire social fabric. Bureaucrats have taken
9
Mark Turner and David Hulme. Governance, Administration and Development: Making the State Work (London: Palgrave, 1997)
upon themselves the responsibility of public decision- making and there is no efficacious means 10
of making them accountable for their actions.
In case of Pakistan, it has been argued that over the decades all public policy decisions 11
have been taken by unrepresentative institutions without a real political debate. Best, the political process has been used to legitimize the extra-parliamentary public policy decision 12
making process. As a result, there is a divorce between public policy and public opinion in Pakistan. Much of the unhappiness among citizens emanates from this policy “drift” away from 13
what the people at large would like to see happening.
Ensuring Public Participation in the Decision Making Process
“Bureaucrats are public servants and bureaucracies are meant to serve the public. But as soon as a bureaucracy is established it tends to become independent and comes to regard the public as its enemy. Unfortunately most third world governments are plagued with this menace. The more the independence that it gains the less answerable is it to the public and the more 14
corrupt does it become.”
Public participation aims at bridging of the gap between the government, civil society, private sector and the general public, building a common understanding about the local situation, priorities and programmes. Public participation encourages openness, accountability and transparency, and is thus at the heart of inclusive decision-making. The level and the nature of public participation in local governance issues are often used as indicators of a healthy civil 15
culture.
Public participation is important for our democracy and to our ability as a society to make sound decisions related to the pressing challenges of our time. Participatory democracy creates opportunities to involve stakeholders potentially affected by a decision. Public participation is important for all sectors of society interested in creating accountability and transparency in the decision making process. Public involvement is critical to developing more effective public 16
service programs and successful solutions to tough societal problems. Citizens are the potential victims and benefactors of proposed planning measures, they are the best judge to evaluate the 10
M M Khan and H M Zafarullah, Politics of Bureaucracy in Bangladesh (New York: Marcel Dekker 2001) Javed Hasan Aly. Public Policy and Political Process (Daily Dawn, Islamabad, April 28, 2008) 12 Ibid 13 “Public Policy versus Public Good”, (Editorial, Daily Times, Lahore. March 16, 2005). 11
14 15
Ensuring Transparency and Public P articipation in Public Procurement in Pakistan, Transparency International - Pakistan
www.unhabitat.org/cdrom/transparency/html/2b_8.html www.scerp.org/bi/bi_x/papers
16
different options available. It has also been argued that those most affected by a decision should 17
have the most say while those least affected should have the least say.
In Pakistan while preparing any policy proposal, the department concerned is required to hold brainstorming sessions with all the stakeholders. The proposal including the options so developed is placed before the cabinet which is the representative body of the Parliament. However, history shows that very good and sound policies in the past failed on account of poor implementation or lack of will on the part of both political and bureaucratic elite.
17
www.springerlink.com
SECTION-3 PRIORITIZED LIST OF NATIONAL AIMS & OBJECTIVES National Aims & Objectives 1. Internal Security
Problem areas
a) Terrorism
Reasons for Policy Failure in the Past
i) Absence of national security policy
b) Delays in prosecution and disposal by courts ii) Lack of coordination among law enforcement agencies, defense c) Over expensive litigations apparatus, stakeholders and general public d) Overall police performance and capacity ii) Promotion of concept of “Jihadism” in occupied Kashmir and Afghanistan v) Failure of state institutions specially judiciary and police in administration of criminal justice system v) Rising unemployment and poverty attracted youth towards anti-state activities i) Reforms introduced in the shape of Devolution of Power Plan 2001 failed to change the thana and tehsil cultures ii) Politicization of administrative machinery 2. Economic Stabilization
a) Resources Constraints i.e. Tax debate
i)
Absence of tax- paying culture resulting low tax to GDP ratio
ii)
Lack of planning and continuity of economic policies
ii)
Lack of political will to implement big projects and plans i.e. Kalabagh Dam & Thar Coal Project
v)
Corruption and mal-administration
b) Energy crisis c) Water scarcity for agriculture purpose d) Expensive inputs for industry e) Trust deficit – failure to maximize donor assistance in flood affected areas f) Inflation
v)
3. Equity / Social Justice
i) Education ii) Non-creation of decent employment opportunity iii) Absence of basic health services iv) Ineffective/ inefficient skills dissemination program
Over dependence on foreign assistance/ donors in economic planning and policy making
i) Concentration of wealth in the hands of “haves” and exclusion of “have-nots” ii) Failure of state machinery to provide goods and services to poor masses equitably iii) Low investment/ allocation in health and education sectors
v) Absence of self-reliant incentive for informal sector iv) In different attitude towards private sector‟s involvement and participation in social sectors v) Government‟s negligence and low priority towards technical/ vocational education 4. Good Governance
a. Non-responsive and inaccessible state institutions to common man
i) Continuation of colonial mindset in government institutions
b. No public participation in decision making
ii) Existence of credibility gap between people and the state
c. Existence of master / subject relationship in service delivery d. Lack of merit and transparency in decision making
iii) Lack of effective monitoring mechanism iv) Inefficient and ineffective accountability system
e. Red-tapism and corruption f. Lack of speedy justice system
PROPOSED POLICY OPTION Aims & Objectives 1. Internal Security
Proposed Policies a. Police and administrative reforms at Thana, Tehsil and District level b. Legislation to introduce judicial reforms for ensuring conciliation / arbitration and time – bound justice/ accountability system
c. De-politicization of law enforcement agencies 2. Economic Stabilization
a. Resource Generation through Fiscal Reforms b. Development of export- oriented industrial base and exploration of new markets in Africa and Central Asia c. Generation of energy by Development of Thar Coal Project and Construction of big dams
3. Equity and Social Justice
a. Free education for all up till matriculation level with uniform curriculum of
international standards with emphasis on skill development and technical education b. Provision of basic health services and family planning
c. Empowerment of women , minorities and marginalized segment of the society 4. Good Governance
a. Development of effective, impartial, transparent and accountable administrative system b. Stable political system by giving general public a sense of participation in decision making c. De-politicization of state institutions
WAY FORWARD NATIONAL POLICY DIRECTIVE FOR THE CABINET 1.
INTERNAL SECURITY Police and Administrative Reforms at Thana, Tehsil and District level
Directive to be Issued
Agencies Responsible
i) Restoration of Executive 1. Ministry of Law and Magistracy by amending CrPC/ Parliamentary Affairs Police Order / Local and Special Laws and PPC in offenses up to 2. Ministry of Interior three years RI along with summary trial powers ii) Enforcement of Alternative Dispute Resolution System at state expenses by institutionalizing CPLC in the big cities, restoring the courts of honorary magistrate for local and special laws and punchayst system in the villages for petty crimes
1. Provincial Government a) Home Departments of the provinces
Cost / Resources & Time Frame No additional cost is involved. This is a Short-Term Plan for 1-2 years
Financial cost of establishing CPLC will be borne by respective CC&IT
b) Inspectors Generals of Police 2. Local Chamber of Commerce, Trade & Industry
iii) Number of judges / judicial 1. Supreme Court of Pakistan It is Medium- Term Plan ranges from 3-5 years. It will cost Rs. ___ magistrate be increased by posting 2. High Courts of the per year one judicial officer on the Provinces population of two lacs or @ 500 cases per judge 3. Provincial Governments iv) Enforcement of national judicial 1. Supreme Court of Pakistan policy for ensuring disposal of criminal cases within time limits 2. High Courts of the with proper monitoring and Provinces evolution mechanism for accountability
No additional expenditure is involved as the existing judges/ magistrates will be assigned the task
v) Establishment of special courts for 1. Provincial Governments women and children and prosecution on the basis of 2. High Courts of the Provinces complaints of the aggrieved
It‟s a Short- Term Plan for 1-2 years. It will cost approximately Rs. 200 million per annum
vi) Recruitment of the law 1. Provincial Governments enforcement agency personnel on the basis of merit, performance 2. Inspectors Generals of based posting transfer and Police regular monitoring and evaluation mechanism
This policy decision requires the WILL of political leadership.
2.
ECONOMIC STABILIZATION RESOURCE GENERATION THROUGH FISCAL REFORMS
Directive to be Issued
Agencies Responsible
i) Increasing the number of items to 1. Ministry of Finance be included in the sales tax net 2. Federal Board of Revenue ii) Imposition of agriculture tax across the board without any 3. Provincial Board of Revenues exceptions on the basis of crops iii) Creation of special industrial zones Provincial governments through public-private partnership through: and provision of industrial inputs i.e. electricity, gas. raw material at a) Planning and Development subsidized rates to boost industrial Board growth b) Industries Department iv) Granting tax and duty reliefs to highly advanced capital goods and machinery imports for creating competitiveness and quality products v) Creation of crops based agricultural zone in the fertile areas according to the suitability of the crops by promoting cooperative farming on the state land through its distribution among the small land holders
Cost / Resources & Time Frame Generation of Rs. 100 billion is expected. It is a Short-Term Plan for 1-2 years.
It is the Medium- Term plan between 3-5 years .
Federal Board of Revenue
These zones will be developed with public- private partnership. Investments will be sought from local and foreign investors. No expenditure is involved
1. Ministry of Food, Agriculture and Live Stock
No expenditure is involved. It is a Medium-Term Plan for 3-5 years
2. Provincial Board of Revenues 3. Agricultural Departments
vi) vi. Provision of subsidized agriculture input i.e. fertilizer seeds pesticides etc and uninterrupted electricity supply to agriculture zones
3.
of the Provinces 1. Zarai Taraqiati Bank of Pakistan 2. All Commercial Banks 3. Provincial Cooperative Banks
Government of Pakistan will bear the subsidy @ 10% on these agriculture inputs which may be Rs. 1.000 billion per annum. It is a Short-Term Plan for 1-2 years.
EQUITY AND SOCIAL JUSTICE FREE EDUCATION FOR ALL
Directive to be Issued i) Emphasis on skills development and technical education at higher secondary level by imparting market need- oriented skills
Agencies Responsible
Cost / Resources & TimeFrame
1. Ministry of Education
Rs. 100 Billion Approximately.
2. Ministry of Industries
It is a Medium- Term Plan ranging from 3-5 years
3. NAVTEC 4. Provincial Education Departments 5. Provincial TEVTAs
ii) Removal of mismatch between demand and supply through development of labor market information system in Pakistan
1. Ministry of Labour and Manpower 2. Provincial Labour Departments
An expenditure of Rs. 100 million as initial cost is involved. It is a Short-Term Plan for 1-2 years
3. Provincial TEVTAs 4. PVTC iii) Development of human resource standards matching with international standards and development of accreditation system for technical education
1. Ministry of Labour and Manpower
No additional cost is required.
2. Provincial Labour Departments 3. NAVTEC 4. Provincial TEVTAs
iv) Conversion of at least half higher 1. Ministry of Education secondary schools into technical 2. Provincial Education
The conversion will involve an expenditure of Rs. 500 million with Rs. 100 million recurring
and vocational colleges
Departments
v) Privatization and outsourcing of 3. Provincial TEVTAs monitoring and evolution system in 4. Ministries of Health and education and health Education.
cost. It is Short-Term Plan for 1-2 years. The outsourcing will involve Rs. 100 million. It is a Short-Term Plan for 1-2 years.
5. Provincial Departments of Health & Education vi) Provision of microfinance by 1. Khushali Bank transferring money directly to the 2. NRSP/ PRSP families for income generation vii)Government should bear the half 3. Akhuwat cost of lending microfinance to the poor families to reduce financial burden
Government will bear the interest/ st
markup involved for 1 year of lending. An allocation of Rs. 500 million be made. It is a MediumTerm Plan for 3-5 years.
viii) Financing should be preferred to the families for the development of entrepreneurship and service oriented jobs
4.
GOOD GOVERNANCE DEVELOPMENT OF EFFECTIVE, IMPARTIAL, TRANSPARENT AND ACCOUNTABLE ADMINISTRATIVE SYSTEM
Directive to be Issued
Agencies Responsible
i) Granting of new mandate to state functionaries through provision of constitutional guarantees by making them servants of the state rather than of government
1. Ministry of Law and Parliamentary Affairs
ii) Restructuring of government functions through development of Key Performance Indicators and work breakdown structures
1. S&GAD Departments of All Provincial Governments
2. Establishment Division 3. Organization and Management Wing
2. All Public Sector Autonomous Bodies and Institutions
Cost / Resources & Time Frame No financial expenditure is involved. It is a Short- Term Plan from 1-2 years.
iii) Development of effective monitoring and evaluation system at each tier of the government institutions
1. Govt. of Pakistan a) Establishment Division,
No additional expenditure is involved. It is a Short-Term Plan for 1-2 years.
b) Organization & Management Wing c) Finance Division 2. Provincial Governments S&GAD and Regulation Departments 3. All Autonomous & Public Sector Organizations
iv) Enforcement of efficiency and accountability laws indiscriminately v) Introduction of effective clientbased feedback mechanism
1. Govt. of Pakistan a) Establishment Division, b) Organization & Management Wing c) Finance Division 2. Provincial Governments S&GAD and Regulation Departments 3. All Autonomous & Public Sector Organizations
No additional expenditure is involved. It is a Short-Term Plan for 1-2 years.
BIBLIOGRAPHY
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