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Presentation for. High Level Commonwealth Symposium in Colombo, Sri Lanka from 24 – 25 April, 2012 by Rana Muhammad Yousaf Khan Deputy Secretary Federal Ministry of Inter Provincial Coordination. First of all it would be appropriate to say some thing for CLGF
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Presentationfor High Level Commonwealth Symposium in Colombo, Sri Lanka from 24 – 25 April, 2012 by Rana Muhammad Yousaf Khan Deputy Secretary Federal Ministry of Inter Provincial Coordination
First of all it would be appropriate to say some thing for CLGF • The Commonwealth Local Government Forum (CLGF) is a recognized organization of a Commonwealth Head of Government’s. It was established in 1995 and has more than 160 members including 40 Commonwealth countries. CLGF is working effectively and struggling for promotion of local government system in commonwealth countries, we appreciate it.
Main aim of CLGF • To Promote and strengthen democratic local government across the Commonwealth countries and to encourage the exchange of best practices through conferences and events, programmes and projects and research and information. • To work with national local governments to support the development of democratic values and good local governance.
Local Government System in Pakistan • Pakistan embarked on devolution and governance reforms in 1999. The main achievement has been the introduction of a new local government system introduced in August 2001 when all four provincial governments promulgated their respective local government Ordinance, 2001. This book analyses the local government system in Pakistan in the light of the Aberdeen Agenda. Continued…..
It is clear that the local government system introduced in Pakistan incorporates the twelve principles for local democracy and good governance. In addition, the Pakistan model has introduced many new innovations for empowering the people at the local level.
Overview of Constitution (Eighteenth Amendment) Act, 2010 • The Eighteenth Amendment, a historical development in the constitutional history of Pakistan, was unanimously passed with the support of all political parties, in the Parliament. • It was also based on the demand for greater provincial autonomy. • The Act received the assent of the President on 19th April and was promulgated on 20th April, 2010. • It includes 102 amendments in all, which have amended, substituted, added or deleted various provisions of the constitution.
Deletion of Concurrent Legislative List • The constitution (Eighteenth Amendment) Act, 2010 has omitted the Concurrent Legislative List. • The list had 47 items on which both Parliament and Provincial Assemblies could legislate. • Subject of Boilers has been shifted to Part-I of the Federal Legislative List.
The items shifted to Federal Legislative List Part-II are: • Electricity • Legal, medical and other professions. • Omission of the Concurrent List has exclusively empowered the Provincial Assemblies to make laws with respect to any matter that was earlier part of the list. • As a consequence thereof a large number of subjects/activities previously being handled by the Federal Ministries/Divisions would now be handled exclusively by the Provincial Governments including local government bodies.
New subjects added to the Federal Legislative List Part-II • All regulatory authorities established under a Federal Law. • Supervision and management of public debt. • Standards in institutions for higher education and research, scientific and technical institutions. • Inter-Provincial matters and Coordination.
Aspects of Devolution • In order to have a focused approach, the Government of Pakistan decided to examine the following three dimensions of the devolution: • Financial; pertaining to management of projects and other assets and liabilities; • Administrative; pertaining to transfer of manpower and question of their absorption or being on deputation; and • Legal; framing of new laws and rules by the Provinces to manage those activities.
Ministries devolved in the 1st Phase • Following five Ministries devolved to the Provinces in December, 2010: • Ministry of Special Initiatives. • Ministry of Population Welfare. • Ministry of Youth Affairs. • Ministry of Local Government & Rural Dev. • Ministry of Zakat & Ushr.
Ministries devolved in the 2nd Phase • Following five Ministries devolved to the Provinces in April, 2011: • Ministry of Culture. • Ministry of Tourism. • Ministry of Livestock & Dairy Development. • Ministry of Social Welfare & Special Education • Ministry of Education.
Ministries devolved in 3rd Phase • Ministry of Environment • Ministry of Sorts • Ministry of Women Development • Ministry of Health • Ministry of Minorities • Ministry of Labour & Manpower • Ministry of Food & Agriculture
Local Government & Rural Development Function at Federal Level • Functions: • Federal functions pertaining to local government institutions in areas other than Cantonments including: • Promotion of local government institutions; • Planning & Coordination; • Grants-in-aid; and • International including liaison with community development and local government institutions in other countries. • Integrated Rural Development Programmes-Policy, guidance, follow-up action, coordination foreign assistance & evaluation.
Now discussion about country case studies of Pakistan as per Agenda of CLGF • Briefly outline the status of local government in Pakistan, including relevant legislation. Is local government elected. Are elections run on a partisan or non-partisan basis and which agency is responsible for managing local elections.
In Pakistan the outline of local government system is as under: • Provincial governments • District governments • Local Union Councils/Counselors. Legislation : • After devolution of local government system to the provinces, the legislation will be made by the provinces, which is under process at present. • The four provinces (Punjab, Khyber Pakhtunkhwa, Balochistan & Sindh) are working for the legislation of local government.
In Pakistan yes, local government is elected by the local people at Union Council Level. • In Pakistan local government election are non-partisan basis. • All departments of local government and rural development of provinces are responsible for local election.
Highlight the key functions and responsibilities of local government. • The main function of local governments system in Pakistan is to facilitate the people at gross root level. • Their problems like water, sanitation and drainage system basic health, and some other basic issues to resolve.
What are the key responsibilities of the Ministry with respect to local government. • The main responsibility is to overall supervise the programme of provinces regarding the local government.
How participatory are decisions about local government finance • Local government financing is responsibility of provinces. • Provinces meet their requirement through their own resources. • Federal government also give some funds to provincial governments.
Local government association or a regular meeting of state ministries? • There is a system of regular meetings with provinces on the subject.
What are the main challenges that you face in making sure that intergovernmental relations work effectively for local, state/provincial and federal/union level government and result in good decision making and sound planning and delivery of services at the local level? • Yes, in Pakistan there is intergovernmental relations work system and is working effectively. Federal Government keeps check on it.
What strategies are you employing to strengthen intergovernmental relations, please share the details of one initiative which you are taking forward and set out how it has been successful, and what the main lessons have been? • At present in Pakistan, local bodies are not working properly, however, legislation is under process for the purpose at the end of this year 2012, local bodies will be able to work after election at local level.
Would your Ministry benefit from more regular exchange of ideas and good practice within the region? Should the regional institutions e.g SAARC be encouraged to be more mindful of the role of local government across the region in their policy and planning? • Yes, our Ministry encourage to be more mindful of the role of local government across the region through SAARC Secretariat.