Local Government System; Needs & Expectations

There is a basic flaw in understanding what was missing in Local Government Ordinance 2001 or Local Government System that was in practice since 1979 and what Pakistan needs exactly. This is the only reason why these systems couldn’t sustain. Certainly, a unanimous system of local governance in all units of federation is not in sight, and that is not even needed too; not constitutionally at least. But still there can be one commonality and that is the purpose of it.

Unfortunately, the concept of ‘good governance’ could never gain eventuality and authenticity in Pakistan. Those at the helm of affairs have other motives behind every policy, plan and system instead of service delivery. National interest and public good are merely words for them. Resultantly, only thing that perpetually exists is the crisis of governance.

The sixth most populous and one of the nuclear powers of the world, Pakistan, has become host of multifarious crises ranging from crisis of federation to activism of institutions, from energy shortfall to economic crunches, from high unemployment to unforeseen urban poverty, from absenteeism to nepotism, from corruption to non professionalism, from price hike to adulteration, from security crisis to target killings and suicide bombings, and so on. All these crises emanate from bad governance. It is impertinent to discuss what a dictator wants from a local bodies system and why do so-called ‘democratic’ politicians shy away from them.

Important here is to ponder on why so far every system has failed to deliver and do local governments have any solutions to the problems of governance in Pakistan?

Let us have a threadbare analysis of administrative changes introduced in Pakistan during recent years and understand why they failed miserably.

Let us start with Local Government Ordinance 2001. This system, installed during Musharraf regime, was alien to the masses, indigestible for politicians and thorny even for bureaucracy. The concept of a three-tier government at district level and devolution of administrative and financial powers was a na’ve idea. Civil administration was given an altogether different role as instead of a controlled, centralized and authoritative character, it was entrusted with a consultative and coordinating role. Offices of DM and SDM were abolished and it was a huge setback.

The said system failed except few exceptions; not because the doctrine of devolution of powers was bad or LGO 2001 was a faulty piece of legislation; but it was the fait accompli owing to its faulty implementation.

Pakistan has never been able to witness a mature and developed democracy. Nascent democracy still breaths under the jaws of establishment and agencies. Political leadership is still far from being called a visionary and a prudent policymaker. With such a feeble political system, the then President Musharaf and his advisers unrealistically expected the LGO 2001 to deliver. But, anything introduced by a dictator in Pakistan, even with good intentions and immaculately perfect, is looked upon disdainfully. It is so because the people, who would run the system in future, were not taken into confidence and, perhaps, they felt insecure. Had the LGO 2001 implemented in phases, and with minor amendments, in all provinces, it could have delivered beyond expectations.

 What is suitable for Lahore cannot be equally good for Khuzdar. Things cannot be same everywhere. Moreover, quite unfortunately, this local government system was perceived as a big sword hanging over their heads by the mighty and untamed bureaucracy; especially, by the personnel of federal and provincial services serving in districts. Abolition of the office of Deputy Commissioner was taken as a downfall of district administration and many officers left due to this change. One of the top ranked group of Central Superior Services, the then District Management Group (DMG) and now Pakistan Administrative Service (PAS), became the third or fourth preference. Administration lost lustre and charm.

It was, of course, not intended but that is how it was perceived. This misconception emerged because unconventional roles given to civil bureaucracy made it look so ordinary at first. It is pertinent to mention here that there was no problem with the system, but as it was new to culture, it couldn’t gain acceptance and support of bureaucracy. This added fuel to the fire of bad governance.

For administrative reforms or for better accountability, it is not needed to temper the very skeleton of administrative structure. Many provisions of the LGO were violated while many of them remained unimplemented. Resultantly, there was no good governance and ultimately system could not live up to the expectations. The most fundamental violation was that of the provision which lays down elections should be held on non-party basis; but it didn’t happen. The 2005 elections were a blatant violation of this provision. Provisions of Village and Neighbourhood Councils, Citizen Community Board, Masalhiti Anjuman, District Mashavirat Committee and Local Government Responsibility for Enforcement of Laws were not implemented fully.

Apart from local government system, Police Order 2002 and amendments in Code of Criminal Procedure 1898 also worsened the prospects of good governance in Pakistan. It does not mean that the changes were faulty rather they were quite premature. Probably the said changes were made to depoliticize police; but more than 70 amendments in less than 6 months killed the purpose. The role of police exposed it to new and unforeseen challenges.

Hence, Pakistan has reached a point where judiciary and media are performing the functions of administration, investigation, trial as well are making decisions. Centre pillars of governance like civil administration and police stand bewildered.

Effective and vibrant local government system is one answer and a part of solution to Pakistan’s governance woes. Without efficient local government system, good governance will remain a far cry. The Supreme Court of Pakistan is pushing hard for local government elections but provincial governments and ECP has regretted the conduct of elections in September 2013.

It’s so because provincial governments are yet to decide what type of local government system they want. Only thing that is expected and desired by general public is good governance. Constitutionally speaking, local government is a provincial subject and every province can come up with a system that suits its culture; politically and socially.

In Khyber Pakhtunkhwa, presently, Local Government Act 2011 is in practice. However, the new PTI government is going to come up with a new system that will be more in line with LGO 2001.

Similarly, in Sindh, Local Government Ordinance 2013 has been passed recently that brings in the system of 1979 again. Administrative loopholes exist in every system but they need to be plugged in. Purpose should be same i.e. good governance. Fundamental principle of good governance is to ensure service delivery.

Things will not change only by conducting elections. All institutions must behave in a prescribed manner and must only perform duties they are entrusted with.
Redefining certain roles of institutions is also the need of the hour. Pakistan is facing a daunting challenge of terrorism, and police is struggling hard to combat it. This is so because police are unable to come out of conventional role and perform counterterrorism duties. Legislation in this regard is direly needed.

Re-enactment of magistracy system would be a beneficial step. The offices of Sub-Divisional Magistrate and District Magistrate were great support to police and judiciary and their absence has created a gulf that has not only resulted in bad governance but also effected positive working relations, among them. Similarly, concept of Alternate Dispute Resolution must also be promoted at all possible levels to avoid prolonged litigation and court cases. These are some major steps that can be taken to ensure good governance in Pakistan.

Pakistan is naturally, physically, demographically and geographically a blessed country. Some serious steps to correct the wrongdoings of the past will ensure economic growth and political stability in the country.