Decentralisation Of Development Management To Provincial And District Levels
12-13th March 1998, Islamabad

| EXECUTIVE SUMMARY |  INTRODUCTION |  PREPARATIONS FOR THE MEETING | SUMMARY OF SEMINAR PROCEEDINGS AND RECOMMENDATIONS | CONSENSUS RECOMMENDATIONS | ANNEXES: I Working Group on Constitutional, Legal and Political Issues II Working Group on Financial Issues III Working Group on Administrative Issues IV Working group on Capacity Building V Summary of Recommendations from Good Governance Group Provincial Workshops VI List of Participants VII Programme of Seminar Proceedings

 

A. EXECUTIVE SUMMARY

The second Local Dialogue Group meeting was convened in Islamabad on 12 and 13 March 1998 to discuss the subject of "Decentralisation of Development Management to Provincial and District Levels". The discussions covered a wide range of issues surrounding decentralisation, focussing particularly on the potential role of local governments.

The meeting established the case for decentralisation, underlining its importance for Pakistan’s future. It was agreed that this concensus had been reached almost twenty years ago, and that the major problem therefore lay in implementation. As such it was suggested that any recommendations discussed in the meeting should be presented in an actionable form. Several fears on the subject of decentralisation were expressed, in particular the lack of basic capacity in local bodies to manage their affairs independently. Nonetheless, it was felt, that there was currently a very serious commitment to decentralisation and a broad concensus of the recommendations emanating from the debate can be found on page 7 of this report.

The meeting took place over a two day period with two plenary sessions at the beginning and the end, with more detailed deliberations being undertaken by working groups on the afternoon of the first day. Building on the recommendations of the Good Governance Group Provincial Workshops on Decentralisation (see Annex V), these working groups concentrated on three aspects of decentralisation - Financial, Administrative and Constitutional, Political and Legal - with a fourth looking into the Capacity Building of Local Councils. Detailed recommendations from each of these working groups can be found in Annexes I-IV.

 

B. INTRODUCTION

The second Local Dialogue Group (LDG) meeting was convened in Islamabad by the Economic Affairs Division (EAD), Government of Pakistan, on 12 and 13 March 1998. The meeting discussed the topic of "Decentralisation of Development Management to Provincial and District Levels". Participants at the workshop included representatives from the Federal and Provincial Governments, MNAs, MPAs, ex-district chairmen, NGOs, UN and donor agency representatives. A complete list of participants is attached as Annex VI to this report.

The Local Dialogue Group (LDG) was established in April 1996 by the Aid-To Pakistan Consortium (now renamed the Pakistan Development Forum) as a forum for the Government of Pakistan and the Donor Community to have discussions on various dimensions of development. It was also intended to broaden participation in such discussion to include in particular provincial and local governments, as well as civil society more generally.

The Secretary of the EAD is the Chair of the LDG Steering Committee, with the UN Resident Coordinator/UNDP Resident Representative acting as the Secretary. Other members of the Steering Committee currently comprise the World Bank, the Asian Development Bank, and the Embassies of Japan and the Netherlands.

Following its establishment in April 1996, the first LDG Meeting was held in November 1996 on the subject of the "Role of NGOs as Partners for the Delivery of Development Services". Additional copies of the report of this meeting can be obtained from UNDP, PO Box 1051, Islamabad.

This report summarises the process and substance of the Second Meeting of the Local Dialogue Group, held on 12 and 13 March 1998, in Islamabad, to discuss the subject "Decentralisation of development management to the provincial and district levels". It should be noted that despite this originally selected title for the Second Meeting, it became apparent that the issue of most interest was the potential role of the third tier of government at the local level. Most of the discussion, therefore, concentrated on this aspect.

C. PREPARATIONS FOR THE MEETING

The results of the four provincial SAP seminars held under the auspices of the Institutional Reform Group (IRG) in 1996 all indicated a strong desire for greater decentralisation of power to the provinces and beyond. The Manifesto of the PML/N party supported an effective governance role for local bodies. In May 1997 the National Economic Council recommended a push for decentralisation of the implementation of the Social Action Programme to the district level. All these points helped to support the decision to focus the second LDG meeting on the issue of decentralisation.

The Steering Committee held several meetings to discuss the subject of the second LDG meeting. Given the change of government in late 1996, it was agreed to delay the initially planned time frame of early 1997 for the seminar. A Task Force to plan the details of the seminar was formed under the leadership of the EAD Joint Secretary. The Task Force consisted of staff from relevant agencies of the federal secretariat and representatives of the four provinces. Additionally, local experts on the subject of decentralisation were co-opted to assist the Task Force.

Dr. Hafeez Pasha, Deputy Chairperson of the Planning Commission, and MNA Ahsan Iqbal, Minister of State with responsibility for the Pakistan 2010 Programme and Chairperson of the Good Governance Group (G3), agreed to be the co-convenors of the seminar.

In preparing for the LDG Meeting:

Each provincial government was invited to prepare a case study on one district in each province. The case studies were intended to bring out the salient features of the administration and development management of that district, and the relationship of the district to higher and lower levels of governance. The case studies are still in the process of being finalised and will be distributed to all participants as soon as they are ready.

Mr. Saeed Ahmed Qureshi, former Deputy Chairperson of the Planning Commission, was commissioned to prepare a Synthesis Paper, intended to bring together the evolution of thinking on the subject of decentralisation, as well as the practical experience in Pakistan on this issue.

The Swiss Development Corporation also arranged for a leading Swiss expert on the subject of decentralisation and local government, Professor Walter Kaelin, to visit Pakistan and to prepare a paper on the legal aspects of local government.

A World Bank report "Supporting Fiscal Decentralisation in Pakistan" was used as a background paper for the Financial Working Group.

The Good Governance Group of Mr. Ahsan Iqbal conducted a series of four provincial workshops on the subject of local government during February 1998. Their recommendations were presented during the seminar and are attached as Annex V.

The LDG Meeting on Decentralisation took place over a two day period, 12-13 March 1998. It consisted of two plenary sessions, at the beginning and the end, with more detailed deliberations being undertaken by four working groups on the afternoon of the first day. The programme of the meeting is attached as Annex VII. The detailed recommendations of these working groups are attached as Annexes I-IV.

Following is a synopsis of the discussions held. Copies of the individual reports outlined above were made available to the participants in advance. Additional copies can be obtained from UNDP.

D. SUMMARY OF THE SEMINAR PROCEEDINGS

1. The First Plenary, 12 March

The plenary session on 12 March was opened by the Secretary of EAD, Mr.Aftab Ahmed Khan and the Resident Representative of UNDP, Mr. J.K.Robert England.

During the first morning’s plenary session, Dr. Hafeez Pasha, Deputy Chairperson of the National Planning Commission, presented a paper outlining the key issues that should be considered in order to arrive at a national consensus on how to achieve decentralised development management. Mr. Saeed Ahmad Qureshi, former Deputy Chairperson of the Planning Commission, presented a paper outlining the global shift away from centralised development to decentralised management. He gave several clear examples where decentralised management had been effective in Pakistan. Mr. Muntazir Khan, Management Services Wing, presented a summary of recommendations for decentralisation arising out of the series of four provincial workshops held in February on the subject organised under the auspices of the Good Governance Group.

The presentations were followed by extensive deliberations from the floor. Among those making strong supportive statements on behalf of the revival of effective local government were MNA Sayed Fakhar Imam, MNA Daniyal Aziz Chaudary, and Shah Mahmood Qureshi, spokesman for the PPP.

In his keynote address, Mr. Qureshi pointed out that many countries have recently begun to place increased emphasis on the importance of developing local governance capabilities. However, in most cases, where central governments have initiated decentralised governance policies they have failed to produce the intended results. Part of the blame for failed decentralisation policies in the past can be placed on national policy elites who allowed local organisations to assume broad responsibilities without providing adequate financial resources, personnel, or institutional authority to carry out their assigned tasks. However, he was able also to point to several positive examples in other parts of the world. In reference to Pakistan, he felt that the concept of decentralisation had never been given a fair chance. He gave several examples of how decentralisation had helped to improve service delivery in certain instances in the past, but these were never followed up after their initial trial.

One of the most important points raised in the seminar was the consensus that decentralisation is important for the country's future, but that this consensus had been around for almost twenty years and nothing had ever come of it. Although one speaker felt that the prospects for real decentralisation remained "gloomy", he did sense that the general mood on the subject was shifting to a more serious and practical approach to the issue. Another remarked that 90% of what had been said in the workshop had already been documented and reported more than a decade ago. It was also felt, however, that the difference today was that there was a high level of commitment and conviction to address decentralisation issues.

The principal fears expressed on the subject of decentralisation were that corruption would increase, that the elected members (and their staff) were not competent, and that the performance of public service agencies would deteriorate under local management. Many participants agreed with Mr. Qureshi that implementation was the key issue. Several participants emphasised that previous attempts at decentralisation had not been followed through. They were often half-hearted attempts that were stopped too soon; as with Pakistan’s national and provincial elections, and the full democratic cycle had never been given the opportunity to mature.

Dr. Pasha, in his closing remarks on the first day, proposed that the workshop should establish the case for decentralisation. He felt that there is an inherent suspicion of decentralisation in this society because it gives the appearance that processes are somehow out of control. However, he said that the discussions had shown that there was a consensus that decentralisation was the right direction in which to go. While he felt that the opinions of participants varied from enthusiasm to reservation for decentralisation, he argued that, if people were to participate in the process of management and delivery of development, then Pakistan must move towards the path of decentralisation. He acknowledged that policy makers professed a high level of commitment to decentralisation but, in practice, there was very little evidence of this. Unless there was a willingness on the part of the federal government to relinquish some of its responsibilities and power, he felt real decentralisation would never happen. He proposed that specific tests of the commitment to decentralisation should be established to push the government in this direction.

2. The Working Groups, 12 March

At the end of the first plenary, four working groups were formed from among the seminar participants. These corresponded to the three working groups convened in each of the G3 provincial decentralisation seminars: Financial, Administrative and Legal Aspects of Decentralisation, with an additional group on Capacity Building issues. The first three groups reviewed the issues raised at the previous provincial level workshops. Each of the four working groups prepared a matrix indicating their key recommendations for future work, which are reproduced in Annexes I-IV. The most significant issues raised by each group were as follows:

(a) Working Group on Constitutional, Political and Legal Issues

The weak constitutional coverage for local bodies was seen as the fundamental stumbling block to the development of strong local governments. The group felt that an amendment to the constitution, requiring complementary changes in the provincial laws, should be instituted to safeguard local governments from irregular dissolution. Secure tenure for local bodies was a critical factor that must be recognised if any serious capacity building was going to be undertaken.

(b) Working Group on Financial Issues

The centralised fiscal decision-making process has led to a complete dependence of the local bodies on resources from the provincial and federal levels. The group members felt that it was necessary to provide discretionary grants to local bodies that could be matched with enhanced local revenues. An increase in the local revenue base could easily be accomplished through sharing a larger portion of the agriculture tax and by revising the tax schedule for other local taxes periodically. However, they felt that the lack of accountability in the past prevented provincial and federal authorities from feeling confident in enhancing local bodies taxing powers. To discourage bad practices, the group proposed that a scheme of contractors' all risk insurance should be adopted for all substantial capital works, coupled with a financial audit handled by the National Audit Board. The capacity to manage financial resources was seen as the fundamental issue in maintaining a system of effective local governance.

(c) Working Group on Administrative Issues

The group felt that the functions and powers of the local governments were inherently unclear. This led to an inability to effectively control and coordinate development efforts with other public sector organisations and prevented easy resolution of local disputes. The group felt that the first step in building the capacity of local bodies should be to carefully define the respective roles and powers for each of the different tiers of local governments.

(d) Working Group on Capacity Building

The Group felt that there had never been a proper needs assessment carried out for determining the critical skill areas needed by local bodies. This had led to inadequate and inappropriate training in the past. However, the group noted that there were few incentives for local staff to upgrade their skills and this should be addressed before considerable time and effort was spent on delivering a broad based training programme. The use of modern information technology was seen as having prospects for generating a major shift in the working styles and capacities of local bodies. At present, information was poorly stored and difficult to retrieve. This led to an inability to manage the development functions assigned to local bodies and to play an active role in monitoring other development activities in their respective areas. The capacity building of the communities themselves was also raised as an issue, thereby making the ‘users’ more aware of their rights and responsibilities.

3. The Second Plenary, 13 March

The second plenary session, on the morning of 13 March 1998, began with each of the four working groups reporting back their recommendations. This was followed by a lively discussion of many of the issues raised.

In his concluding statement, MNA Ahsan Iqbal stated clearly that his experience during the past few months with the Good Governance Group was that people were becoming serious about their future and about turning most of their dreams into reality. He said that people were sick of corruption and the breakdown of institutions, and wanted a government free from pressures. He said that the government was aware of this responsibility and was taking a long term view. He stated that today's youth did not subscribe to the previous generation's outlook and aspirations. They wanted to have greater participation in the management of their own affairs.

Mr. Iqbal stated that decentralisation was the best course, but the major issue that stood in the way was the real lack of a basic capacity in local bodies to manage their affairs independently. Unless capacity was built generally in the public sector, the government might not be able to make the local institutions work. If this were to happen, it would strengthen the case for centralised power. He concluded by saying that there was an overwhelming need to work on better financial management, on finding ways to give a greater role to local communities in development and on training new leaders. The Minister emphasised that there were many recommendations that emanated from national seminars that never got implemented. He emphasised that the recommendations of this seminar on decentralisation should be presented in an actionable form.

E. CONSENSUS RECOMMENDATIONS

Although a formal review of recommendations was not possible, due to constraints of time, the following represent a broad consensus of the two day discussion, details of which may be found in the annexes that follow.

In order to improve the quality of, and equitable access to, public services in Pakistan, there is an urgent necessity for the country to decentralise both its administrative and development services, as well as the political power by which it should be both responsive and accountable to the people.

There is a pressing need to establish a formal, constitutional basis for the third tier of government. To this end, the Good Governance Group, in consultation with the Ministry of Justice and Legal Affairs, should thoroughly explore the possible scope of such a constitutional amendment.

Given the impending local body elections, there is a need to establish a nationwide and sustained programme for building the management capacity of both the government and the elected bodies at this level. The NIPAs and other training institutions, both public and private, should be involved in developing curriculum and conducting training. Annex IV contains detailed recommendations to this effect.

Decentralisation supports a pluralistic approach to governance. Each province should be encouraged to experiment with various innovative programmes at the district level. There should be a national programme for sharing the experience of these experiments, under the aegis of the Good Governance Group.

The Local Dialogue Group of March 1998 represents only one stage in a continuing process of consultation and follow-up action in this area. Bearing in mind the impending election of thousands of local officials, each Province is encouraged to establish a follow-up to the LDG in the form of provincial-level consultations between elected officials and their government counterparts. It is recommended, in this connection, that a similar but separate consultation be arranged for municipal elected officials and their counterparts.

The Good Governance Group should moreover seek to capitalise on such provincial-level consultations by organising a national follow-up meeting in the first quarter of 1999.

The Good Governance Group, in support of the provincial governments, should be charged with following up these recommendations, including the detailed Working Group recommendations contained in Annexes I-IV of the LDG Report.

The Donor community should be encouraged to support implementation of the above recommendations.

********

ANNEX I

 

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT TO PROVINCIAL AND DISTRICT LEVELS

CONSENSUS RECOMMENDATIONS OF

THE WORKING GROUP ON

CONSTITUTIONAL, LEGAL AND POLITICAL ISSUES

 

12th March 1998

 

Local Dialogue Group

Decentralisation of Development Management to Provincial and District Levels

Working Group on Constitutional, Legal and Political Issues

 

 

Identified Issues

Proposed Recommendations

Responsible Agencies

Monitoring Indicators

Timeframe *

1 Weak constitutional coverage of local governments

Non recognition of local government as the third tier of the state

No protection from unlawful dissolution or suspension

Lack of continuity

No time frame for holding elections after dissolution or completion of tenure

Lack of financial autonomy of local governments

Tenure of local governments

 Recognise local government as the third tier through amendment of the Constitution and Local Government Acts:

Provision for safeguarding local governments from unlawful dissolution and suspension to ensure the continuity

Provision for re-election within 90 days of the dissolution or completion of tenure

Ensure financial autonomy with appropriate checks and balances for complete control over budget making, execution and revenue generation

 Federal/

Provincial Governments

 Draft proposals for amendment to the Constitution and local government ordinances and acts:

Table amendments to the National Assembly, the Senate and the Provincial Assemblies for approval

Legislative authorities’ consideration and approval

Authentication by the President and the Governors

Notification of amendments

 Medium term
2 Restriction on dual membership

No dual membership through amendment in Provincial Local Government Acts

 Provincial Governments Draft proposal for amendment in Provincial Local Government Acts:

Table amendment in the Provincial Assemblies

Consideration and approval by the Assemblies

Authentication of amendment by the Governors

Notification

 Short term
3 Redress of grievances and delay in adjudicating matters between local and provincial governments

Constitution of Local Council Tribunal through amendment in Provincial Acts to hear complaints and adjudicate matters regarding corruption and misuse of authority by local government officials

 Provincial Governments Draft proposal for amendment in Provincial Local Government Act:

Table amendment in the Provincial Assemblies

Consideration and approval by the Assemblies

Authentication of amendment by the Governors

 Medium term
4 Under-representation of women

Measures to increase women’s participation in politics

Empower women through increase in public spending on women’s welfare

Minimum of 10% seats in the local governments

 Provincial Governments

Increase in annual budgetary allocations by the Provincial government for women’s education, health, etc.

Amendment in the Local Government Acts for the allocation of seats for women

 Medium term
5 Recruitment of personnel in the local councils

Recruitment of all professional staff may be made on merit basis through independent service commissions on merit

 Provincial Governments

Proposal to create Local Service Commission

Approval by the Provincial Cabinets

Notification

 Medium term
6 Safe-guarding and protecting public property

District councils be given magisterial powers to respond to encroachment, etc.

 Provincial Governments

Proposals by the concerned Departments

Approval by the Provincial Cabinets

 Short term
7 Demarcation of economic development functions, especially in large urban centers

Legislative amendment to bring all local development authorities under the legal umbrella of the concerned municipal corporation

 Provincial Governments

Formation of proposals for arrangements in the Acts/Ordinances of agencies like WASA, TEPA, Development Agencies, to bring them under the municipal corporation

Table amendments before the Provincial Assemblies

Approval by Assemblies

Authentication by Governors

Notification

 Medium to Long-term

 

Participants in Working Group on Constitutional, Legal and Political Issues

Chairperson: Mr. Sohail Mahmood, Assistant Professor, Punjab University, Lahore

Facilitator: Mr. Muhammad Amin Khan Raja, Director, MSW

Rapporteur: Mr. Ahmed Afzal, Regional Governance Facility, UNDP

 

 

No.

Name

Designation

Organization/Address
1 Richard Ponzio Visiting Fellow Human Development Center (HDC), Islamabad
2. Ihsanullah Khan Ex-Minister Local Government, Government of Pakistan NWFP
3. Faridoon Khan Ex-Chairman District Council, Swat
4. R. A. Mujahid National Project Director ECP-UNDP Project on Democracy, Chugtai Plaza, Islamabad
5. Claus Euler Deputy Resident Coordinator Swiss Agency for Development and Cooperation (SDC), Islamabad
6. Zafar Iqbal Gondal Section Officer (Law) Ministry of Law, Government of Pakistan Islamabad
7. Muhammad Abbas Siddiqui Retired Secretary Government of Baluchistan, Quetta
8. Sohail Ahmad Additional Secretary Services and General Administration Department, Lahore
9. Mumtaz Ahmed Ahsan Resource Center Coordinator ECP-UNDP Project on Democracy, Chugtai Plaza, Islamabad
10. Chaudhri Muhammad Latif Secretary to the Azad Kashmir Government Services and General Administration Department, Government of Pakistan,

ANNEX II

 

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

CONSENSUS RECOMMENDATIONS OF

THE WORKING GROUP ON

FINANCIAL ISSUES

12th March 1998

Local Dialogue Group

Decentralisation of Development Management to Provincial and District Levels

Working Group on Financial issues

No.

Identified Issues

Proposed Recommendations

Responsible Agencies

Time Frame*

1. Centralised Fiscal Decisions

Clarification of roles and responsibilities at each tier of the governments (Fed./Prov./Local)

 Federal/Provincial/

Local Governments

 Short term
2. Lack of Financial Resources/Complete dependence on Federal/Provincial Government resources/Adhoc & discretionary transfers and Grants/Provincial to local transfers are limited and adhoc./Low local tax yield

Prepare a district Development Plan.

Analyse Financial Resources & establish needs.

Resource Transfers/grants to be formula driven rather than discretionary.

Provincial Finance Commission be established for transfer of resources to local level on the basis of agreed criteria e.g. Matching grants, per capita basis, equalisation programme to ensure equity.

Powers for Assessment & recovery of taxes of local nature by the local governments e.g. Octorai, Vehicle tax, property tax, entertainment tax, agreed percentage of agriculture tax be allocated to rural councils, a share of Union Councils in local taxes (collected by District Councils) be raised from 5% to 20%.

To increase the tax base the local tax schedule should be revised periodically.

To generate further resources the local bodies may float Municipal Bonds.

Infrastructures/ major capital projects be financed through BOT/BLT basis.

 Provincial/Local Governments Short to Medium term
3. Lack of accountability / ineffective & inefficient use of resources

To discourage the malpractice the scheme of Contractor’s all risk insurance be adopted for all public sector substantial capital works.

External Audit/ regulatory/ financial audit be conducted by the National Audit Office.

Post Audit/Performance Audit be conducted and reports printed and presented to a legislative body /designated committee.

Strengthen Financial Management System, modernisation of accounting/ financial management System, introduce capital budgeting.

 Provincial/Local Governments Medium term

 

Short term

Short term

 

Short to Medium term
4. Weak Tax Administration

Strengthen tax audit for enforcing accountability & transparency / arresting tax leakage.

Strengthen tax collection system.

Local Tax Collection Staff be placed at the disposal of local bodies.

Introduction of GIS in Patwar Circles/ Computerisation of land revenue record/Patwar circles to eliminate discretion/ litigation and improve revenue collection/ mobilise local resources.

 Federal/Provincial/ Local Governments Short term

Short term

Short term

Short to Medium term

 

Participants in Working Group on Financial Issues

 

Chairperson: Mr. Daniyal Aziz, MNA

Facilitator: Dr. Rashid Ahmad Khan, Director General, MSW

Rapporteur: Muhammad Zaheer, UNDP

 

 

No.

Name

Designation

Organization/Address
1 Anzar Hussain Zaidi Administrator KMC
2 Brig(Retd) Zulfiqar A. Thillon MPA Punjab
3 Zafar Iqbal Sheikh Adl. Secretary Health Punjab
4 Malik Nadeem Kamran MPA Punjab
5 Asif Akbar Ex-Chairman Municipal Committee, Mansehra, Hazara
6 Reza Ali Development Consultant Lahore
7 Azmat Isa   World Bank
8 Abdul Alim Senior Programme Officer UNICEF

 

 

ANNEX III

 

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

CONSENSUS RECOMMENDATIONS OF

THE WORKING GROUP ON

ADMINISTRATIVE ISSUES

12th March 1998

Local Dialogue Group

Decentralisation of Development Management to Provincial and District Levels

Working Group On Administrative Issues

No.

Identified Issues

Proposed Recommendations

Responsible Agencies

Time Frame*

1 What should be the level of decentralisation:

District;

Union;

Village

The level of decentralisation should depend on the respective functions of development

For planning services delivery, district may serve as the functional unit and necessary powers be delegated to district level. Execution and monitoring at the sub-district level

 Provincial Governments Short to Medium term
2 No well defined mechanisms of interaction between development line agencies and LG

Create district level forum with representation from line agencies, LG and civil society members

Post Planning expert at the district level

 Provincial Government

P&D

 Short to Medium term

Medium term
3 Access and right to information to ensure transparency, accountability and better planning

Institute mechanisms at all levels to promote access to information

 Federal/Provincial Governments Short to Medium term
4 Review scope of functions of different levels of LG

In order to ensure effective functioning of LG, adequate resources and management capacity should be created

 Federal Government, MSW, Provincial Governments Medium term
5 Extent of administrative autonomy of LG

Powers of provincial governments over LG should be appealable before judicial tribunal

Protect autonomy of LG through legislative cover

District Council should have authority to hire and fire staff upto BPS 15

 Federal Government Medium term
6 Confusion in roles of MNA/MPAs and LG

Role of MNA/MPA in development management context of decentralisation should be defined

 Federal/Provincial Governments Medium term
7 Linkage between civil society and LG

Civil society should be represented in the district development forum

 Provincial Governments, DDC Medium term
8 Inadequate capacity of LG institutions

Training programmes for LG representatives particularly in planning and execution

 Provincial Governments Medium to long term
9 Decentralisation of powers from federal to provincial

Devolution of powers from Federal to Provincial should take place as mandated in the constitution

 Federal Government Medium to long term
10 How to feed inputs from LG to Provincial governments

Institute mechanisms & procedures to provide for input from LG to Provincial Government for development planning

 DDC, Provincial Governments Medium term
11 Decentralisation in the context of Urban LG

Institutional framework for Metropolitan government be established

 Provincial Governments Medium term

 

Participants in Working Group on Administrative Issues

Chairperson: Mr. Ghazi Salahuddin, Editorial Director, Jang Group of Newspapers

Facilitator: Mr. Sarfraz Ahmed, Director General, MSW

Rapporteur: Mr. Farhan Sabih, Governance Unit, UNDP

 

No.

Name

Designation

Organization/Address
1. Shahnaz Wazir Ali Education Specialist MSU, Islamabad
2. Saqib Aleem Chief (SAP) P&D, Lahore
3. A. A. Malik Director Min. of ELG & RD
4. Ch. Sultan Ahmed Senior Director FPAP
5. R. Lee Hatfield Researcher London School of Economics, UK
6. Ch. Mohammad Sadiq Secretary Agriculture, AJK Government of AJK
7. Haseeb Athar D.C. Sahiwal S&GAD Department, Government of Punjab
8. Amanullah Niazi Deputy Chief P&D Div, Islamabad

 

Participants in Working Group on Administrative Issues

Chairperson: Mr. Ghazi Salahuddin, Editorial Director, Jang Group of Newspapers

Facilitator: Mr. Sarfraz Ahmed, Director General, MSW

Rapporteur: Mr. Farhan Sabih, Governance Unit, UNDP

 

No.

Name

Designation

Organization/Address
1. Shahnaz Wazir Ali Education Specialist MSU, Islamabad
2. Saqib Aleem Chief (SAP) P&D, Lahore
3. A. A. Malik Director Min. of ELG & RD
4. Ch. Sultan Ahmed Senior Director FPAP
5. R. Lee Hatfield Researcher London School of Economics, UK
6. Ch. Mohammad Sadiq Secretary Agriculture, AJK Government of AJK
7. Haseeb Athar D.C. Sahiwal S&GAD Department, Government of Punjab
8. Amanullah Niazi Deputy Chief P&D Div, Islamabad

 

 

ANNEX IV

 

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

CONSENSUS RECOMMENDATIONS OF

THE WORKING GROUP ON

CAPACITY BUILDING

12th March 1998

Local Dialogue Group

Decentralisation of Development Management to Provincial and District Levels

Capacity Building Issues of Local Councils

No.

Identified Issues

Proposed Recommendations

Responsible Agencies

Time Frame*

1 TRAINING

A

 Lack of a proper needs assessment

Development of a comprehensive training programme

Capacity building need assessment studies and surveys for different categories and levels of local councils officials and elected members.

 Provincial Governments

LCBs, MTRI, PARD, NCRD, LGTI, SLG&RDA, BRDA.

 Medium Term

B

 Under utilised training infrastructure

Respective LCBs should improve nomination procedures and develop individual development plans for in service training of LCS employees.

Existing provincial and federal training institutions should strengthen their delivery systems.

 LCBs

 

MTRI, NCRD, PARD, LGTI, SLG&RDA, BRDA

 Short Term

C

 Lack of adequate allocation for training

Adequate allocations for training from surplus funds of LCB

 LCBs Short Term

D

 Lack of indigenous training material

Relevant training institutions should develop indigenous training material through intensive research on local problems, job constraints of employees, translation of relevant documentation in Urdu, etc.

 LCBs Medium Term

E

 Lack of effective Linkages with Universities & NIPAs

Introduction of Local Government subject/Laws in subjects like LLB, Political Science, Public Admin, etc.

Research assignments on municipal and local admin in collaboration with Universities & NIPAs

 Universities/NIPAs

- do -

 Short Term

- do -

F

 Inadequate training of panchayats in quasi legal functions/Muslim family law etc.

Training for performing quasi legal functions

Women members should be placed on committee on family reconciliation matters.

Panchayats should be representative and not nominated.

 Provincial Governments, Relevant training institutions Medium Term
 
2 PERSONNEL MANAGEMENT

A

 Lack of written job descriptions

Development of standard job descriptions for members of LCS.

 LCBs, MSW Short Term

B

 Lack of incentives to get more skills

Link training with promotions, monetary incentives, etc.

Training for both councellors and staff on regular basis inside and outside Pakistan

 Provincial/Local Governments

- do -

 Medium Term

- do -

C

 Lack of adequate performance appraisal system

Introduction of performance appraisal system in LG&RD Departments including members of LCS.

 LCBs Short Term

D

 Lack of effective leadership

Direct elections for Chairpersons

 Provincial Governments. Long Term

E

 Lack of professionalism

Staff of local govts. should have training and capacity to perform their functions in professional manner

 Provincial Governments, Training Institutions Medium Term
 
3 INSTITUTIONAL MANAGEMENT

A

 Lack of computerisation/office automation

Computerise all Zila Council records and maintain systems accordingly

 Provincial Governments, District Councils Medium Term

B

 Lack of consolidated MIS at the district level

Creation of consolidated MIS at the district level

 Provincial Governments, MSW Medium Term

C

 Absence of any active role for Union Councils (UCs) in primary education and health care

Bring primary education and primary health care to the UC level

 

Build capacity of UCs to manage these areas

Additional resources to be generated by UCs for sustaining these activities, e.g. school fees, health cards, etc.

 Provincial Governments/Health Departments

- do -

Union Councils

 Long Term

 

- do -

Long Term

D

 Lack of coordination among sectoral departments and local councils at the district level

Bring together all the departments responsible for development under the aegis of planning cell at the district level with the District Councils

 - do - - do -

 

Participants in Working Group on Capacity Building

Chairperson: Mr. Syed Faisal Imam, Ex-Chairman Zila Council, Khanewal

Facilitator: Mr. Muntazir Khan, Deputy Director, MSW

Rapporteur: Mr. Aamir Matin, Regional Governance Facility, UNDP

 

 

No.

Name

Designation

Organization/Address
1. Sadiqa Salahuddin Director NGO Resource Centre
2. Mohammad Ali Khaskhely JC Economist, PC SAP P&D, Sindh
3. Martijn Elgersma 1st Secretary, Development Royal Netherlands Embassy
4. Aisha Humera Section Officer Economic Affairs Division
5. Arif Nadeem DC Jhang Government of Punjab
6. Ali Mahdi Senior Policy Analyst Human Development Centre
7. Syed Faisal Imam Ex-Chairman Zila Council, Khanewal PIEDAR
8. Tauseef Ahmed Population Sector Specialist MSU-SAP, Islamabad
9. Sohail A. Warraich Coordinator Law Progr. Shirkat Gah, Lahore
10. Irma Malik District Mgt Advisor D.F.I.D., NWFP
11. M. Ilyas Sulehri Additional Chief Secretary P&D, Government of AJK
12. Yousaf Ali Research Officer GU, SAP Section, PE&DD, Government of NWFP
13. Zafar Hayat Malik Project Manager, Governance Unit P.E. & Development Department, Government of NWFP

 

ANNEX V

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

SUMMARY OF RECOMMENDATIONS FROM

GOOD GOVERNANCE GROUP

PROVINCIAL WORKSHOPS

  CONSTITUTIONAL, LEGAL AND POLITICAL

ASPECTS OF LOCAL GOVERNMENTS

- Provision of adequate constitutional cover to ensure the existence and functioning of local government institutions in each federating unit.

- Provision of appropriate constitutional guarantees:-

- to support the identity and integrity of local bodies as third formal tier of the government.

- to protect against unlawful dissolution, suspension, harassment and disqualification of members.

- to provide for holding of new elections within certain time after the expiry of tenure/dissolution of Local Councils.

- to ensure financial autonomy with appropriate checks and balances.

- to provide for the principle that all Local Councils are elected and not nominated.

- Election on party-basis or non-party basis

- Restriction on dual membership to upgrade the identity and integrity of Local Elections.

- Constitution of Local Council Tribunal.

- Provision of District Development Committee/Metropolitan Development Committees.

- Appropriate constitutional provision for female representation.

- Explicit powers for removal of encroachments.

- Specific Urban Development Authorities should work under the legal umbrella of Local Councils.

 

FINANCIAL ASPECTS OF LOCAL GOVERNMENTS

 

- Clearly stated devolution of a certain percentage of federal and provincial revenues to Local Governments through National Finance Commission OR a certain percentage of the income of the Federal/Provincial ADP should be allocated to the Local Councils.

- A share in the motor vehicle tax should be paid to the Local Councils for use of their roads.

- A share in the entertainment tax of the province should also be paid to the urban councils.

- Local Councils should be associated in the assessment and collection of the urban immovable property tax.

- A percentage of the existing surcharge on the electricity consumption should be provided to Local Councils.

- A percentage of the Agriculture Tax should be allocated to Rural Councils.

- Assets of Local Councils should be declared and any authority (i.e., T&T, WAPDA, Sui Gas, etc.) using these assets should pay reasonable rent to the Local Councils.

- Provision of collection powers for recovery of local taxes.

- The share of Union Councils in local taxes collected by District Councils should be enhanced from 20% to 50%.

- The practice of export tax by District Councils has adverse economic impact, which may be phased out gradually.

- Post audit by provincial audit department to improve financial discipline.

- Double taxation system should be avoided.

- Tax schedules should be regularly revised after a period of three years.

 

ADMINISTRATIVE ASPECTS OF LOCAL GOVERNMENTS

- Local development programmes initiated by the provincial governments may be placed under the supervision of Local Councils.

- Well defined roles and powers for different tiers of Local Government.

- Provision of selected magisterial powers to office bearers of Local Councils to settle local dispute.

- Complaints against local officials by Local Councils should be given proper weightage by respective sectoral departments.

- Local Councils should be adequately empowered to supervise sectoral departments at the district level.

- Compulsory attendance for district heads by sectoral departments in district councils meetings.

- The Deputy Commissioner should act as Secretary of the respective District Council (NWFP).

- The system of Provincial Coordination Committees (in Balochistan) may be finished.

- Retention of two tier local government system (i.e., Union Councils and District Council). Chairmen of Union Councils should be ex-officio-members of the District Council.

- Cantonment Boards should be integrated with urban councils to coordinate municipal functions.

 

ANNEX VI

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

LIST OF PARTICIPANTS IN

NATIONAL SEMINAR

12-13th March 1998

 

Local Dialogue Group

Decentralisation of Development Management to Provincial and District Levels

National Seminar 12-13 March 1998

List of Participants

No.

Name

Designation

Organisation/Address
1. Mr. Reza Ali Consultant UNDP Development Consultants, 6 Temple Rd, Lahore
2. Syed Faisal Imam Ex-Chairman Zila Council, Khanewal PIEDAR
3. Mr. Asif Akbar Ex-Chairman Municipal Committee Municipal Committee, Mansehra, Hazara
4. Mr. Aftab Ahmed Khan Secretary EAD Economic Affairs Division, Islamabad
5. Mr. Anzar Husain Zaidi Administrator, KMC KMC Head Office, M.A Jinnah Rd, Karachi
6. Mr. Ihsanullah Ex-Chairman, Distt Council VPO Gul Ahad, Distt Charsadda
7. Mr. Faridoon Khan Ex-Chairman, Distt Council VPO Sher Guati, Distt Swat
8. Mr. Sadiq Ahmed Country Director World Bank World Bank Bldg, Islamabad
9. Ms. Shahnaz Wazir Ali Education Specialist MSU/SAP, World Bank, Islamabad
10. Mr. Arif Nadeem Deputy Commissioner Jhang, Punjab
11. Mr. Fazalullah Qureshi Secretary, Planning & Development P & D Division, ‘P’ Block, GOP, Islamabad
12. Mr. Arshad Mirza Deputy Commissioner Jhelum, Punjab
13. Mr. Faizul Bari National Professional Officer FAO, Islamabad
14. Mr. A.M. Aboul-Naga Representative FAO, Islamabad
15. Ms. Naila Azhar Project Officer OECF, Islamabad
16. Mr. Harumi Sakaguchi Deputy Resident Representative UNDP, Islamabad
17. Dr. Anjum Riazul Haque Programme Specialist UNESCO, Islamabad
18. Ch. Mohammad Latif S&G Admin, Muzaffarabad, AJK
19. Syed Fakhar Imam Chairman C.A.R. / MNA Commission for Admin Restructuring, Islamabad
20. Ms. Irma Malik District Management Advisor D.F.I.D. 17-C Chinar Road, Peshawar
21. Mr. Shoja Mahmoud Programme Coordinator SUNGI Foundation, 1748/C Civil Lines, Abbotabad
22. Mr. Daniyal Aziz MNA National Assembly, Islamabad
23. Mr. Ijaz Gilani Chairman GALLUP, Pakistan
24. Mr. Haseeb Athar Deputy Commissioner Sahiwal, Punjab
25. Mr. R.A. Mujahid National Project Director PAK/96/011 Democracy Project, c/o UNDP
26. Mr. M. Awan Research Officer ECP, Islamabad
27. Mr. Abdel Aziz Joint Secretary, Local Government M/O Environment, LG & Rural Dev, Islamabad
28. Brig Zulfiqar Ahmed Thillon MPA, Punjab Punjab Parliament, Lahore
29. Mr. Masood Gill Team Leader, Urban Poverty Allevtion NRSP, # 46, Aga Khan Road, Islamabad
30. Mr. Abbas Malik Director M/O Environment, LG & RD, Islamabad
31. Dr. Rashid Ahmed Khan Director General Mgmt Services Wing, Cabinet Div, Islamabad
32. Mr. Wasiullah Director General Good Governance Group Sectt, Islamabad
33. Mr. Zafar Iqbal Additional Secretary Health Govt of Punjab, Lahore
34. Mr. Paul Lundberg Principal Technical Advisor UNDP, Islamabad
35. Mr. Richard Ponzio Visiting Fellow Human Development Centre, Islamabad
36. Prof. Laiq Ahmed Khan Consultant Prime Minister’s Literacy Comm, Islamabad
37. Mr. Amir Mateen Coordinator Regional Resource Facility, UNDP, Islamabad
38. Mr. Mohammed Amin Khan Raja Director Mgmt Services Wing, Cabinet Div, GOP, Islamabad
39. Dr. Tausif Ahmed Specialist, Population MSU, SAP, World Bank, Islamabad
40. Mr. Winston McColgan Minister Counsellor Commission of European Union
41. Ms. Maika van Vliet First Secretary, (Education) Netherlands Embassy, Islamabad
42. Mr. A.H. K. Yousafzai Chief, Planning & Dev Planning & Dev Div, Islamabad
43. Mr. Saqib Aleem Chief (SAP) Planning & Dev Board, Govt of Punjab, Lahore
44. Ms. Rebecca Trafford-Roberts Programme Officer UNDP, Islamabad
45. Mr. Sohail A. Warraich Coordinator, Law Programme Shirkat Gah, Women’s Resource Centre, Lahore
46. Mr. Yousaf Ali Research Officer, (SAP) PE&DD, Govt of NWFP
47. Mr. Zafar Hayat Malik Project Manager Governance Unit, Govt of NWFP
48. Mr. Abbas Siddiqi Consultant, Distt Case Study Govt of Balochistan
49. Mr. Masood Ahmad Administrator Municipal Committee, Mansehra
50. Mr. Sultan Ahmed Senior Director Family Planning Association of Pakistan, Lahore
51. Ch. Mohammad Sadiq Secretary Min of Agriculture, Azad Jammu & Kashmir
52. Shaikh Murtaza Ahmed Spl Assist to Minister of State Planning Division, Islamabad
53. Dr. M.K. Bile Medical Officer WHO, NIH, Rawalpindi
54. Mr. Birat Simha Deputy Representative UNFPA, Islamabad
55. Mr. Sohail Ahmed Additional Secretary S&GAD, Govt of Punjab, Lahore
56. Dr. Pervez Tahir Joint Chief Economist Planning Commission, Islamabad
57. Mr. Muhammad Zaheer Advisor Governance Unit UNDP, Islamabad
58. Mr. Amanullah Niazi Deputy Chief P&D Division, Islamabad
59. Mr. Farhan Sabih Programme Officer UNDP, Islamabad
60. Mr. Mohd Ali Kashkhely Joint Chief Economist SAP, P&D Div, Sindh Govt, Karachi
61. Mr. Malik Nadeem Kamran MPA Punjab Assembly, Lahore
62. Khawaja Zaheer Ahmed Additional Secretary Prime Minister’s Sectt, Islamabad
63. Mr. Shoaib Tayyab Sr. Programme Officer Australian Agency for Int’l Dev, Islamabad
64. Dr. Sohail Mahmood Assistant Professor University of Punjab, lahore
65. Mr. Claus Euler Deputy Resident Coordinator, SADC Switzerland Embassy, Islamabad
66. Mr. M. Ilyas Sulehri Adnl Chief Secretary, Development Planning & Dev, Azad Jammu & Kashmir
67. Mr. FukuichiroTanaka First Secretary, Economic Section Embassy of Japan, Islamabad
68. Sardar Wasimuddin Economic Advisor Embassy of Japan, Islamabad
69. Mr. Farid Rahman Special Advisor to Executive Director UNICEF
70. Mr. Steve Umemoto Representative UNICEF, Islamabad
71. Mr. Ahsan Iqbal Minister of State/MNA Planning Division, Islamabad
72. Dr. Kazi Ismet Isa Consultant World Bank
73. Mr. Muhammad Yahya Tanoli Assistant Director, LG&RDD Local Govt & Rural Dev Deptt, Peshawar
74. Mr. Siraj Kazi Director General, SRPO P&D Deptt, Govt of Sindh, Karachi
75. Mr. S.M.H. Qureshi Chairman F.A.P. Farmer’s Association of Pakistan, Multan
76. Mr. Muhammad Yasin Baloch Section Officer (Coord) Finance Division, Islamabad
77. Prof Riaz Baloch Director BOCEL, Quetta
78. Ms. Farah Sheikh Advocacy Assistant UNDP
79. Ms. Rosa Belen Trainee UNESCO
80. Mr. Momin Aghar A.C. SGD Govt of Punjab, Lahore
81. Mr. William Byrd Principal Economist World Bank, Islamabad
82. Mr. Gerolf Weigel Resident Coordinator SDC, Embassy of Switzerland, Islamabad
83. Mr. Abdul Alim Chief Project Monitoring & Eval, UNICEF, Islamabad
84 Mr. Ihsanullah Khan Ex-Chairman, District Council District Council, Peshawar
85. Mr. Ali Salman Research Fellow Good Governance Group, P&D, Islamabad
86. Mr. Micheal Zuyderduyn Programme Officer UNIDO, Pakistan
87. Mr. Ghulam Haider Photographer PID, Islamabad
88. Mr. A. Wahab S.P.O. Pakistan Post Office, Islamabad
89. Mr. Constandinos Vardakis First Secretary Delegation of European Comm, Islamabad
90. Mr. M. A. Awan Research Centre Coordinator ECP-UNDP Project on Democracy, Islamabad
91. Mr. Wim van der Kevie Counsellor Netherlands Embassy, Islamabad
92. Mr. Aisha Humera Section Officer Economic Affairs Division, Islamabad
93. Mr. Sarfraz Ahmed Management Services Division Cabinet Division, Islamabad
94. Mr. Saeed A. Qureshi Key Note Speaker/Consultant c/o UNDP
95. Mr. Zafar Iqbal Gondal Section Officer Ministry of Law & Justice, Islamabad
96. Mr. J. K. Robert England Resident Representative UNDP, Islamabad
97. Mr. Thomas Zeindl ARR UNDCP, Islamabad
98. Dr. Mutawakkil Kazi Member Planning Planning Commission, Islamabad
99. Mr. Muntazir Khan Deputy Director MS Wing, Cabinet Div, Islamabad
100. Mr. Sajid Kazi Section Officer EAD, Islamabad
101. Ms. Tine Staermose Associate Expert ILO, Islamabad
102. Mr. Ghazi Salahuddin Journalist Jang Group of Newspapers, Karachi
103. Mr. Masood H. Kizilbash Federal SAP Coordinator Planning Commission, Islamabad
104. Ms. Sadiqa Salahuddin Director NGO Resource Centre, Karachi
105. Mr. Aamir Matin Coordinator Regional Governance Facility, UNDP, Islamabad
106. Mr. Victor Carvell Counsellor Canadian High Commission
107. Mr. Muzaffar M. Qureshi Secretary Min of Women Dev, Social Welfare & Spl Edu, Isd
108. Mr. Abdul Rauf Cameraman PTV, Islamabad
109. Mr. Ahmed Afzal Research Associate UNDP
110. Mr. Muhammad Ikbar Lightman PTV, Islamabad
111. Mr. Randy Hatfield PHD Candidate London School of Economics, UK
112. Mr. Martijn Elgersma First Secretary, Development Royal Netherlands Embassy

 

ANNEX VII

 

LOCAL DIALOGUE GROUP

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

PROGRAMME OF SEMINAR

12-13th March 1998

LOCAL DIALOGUE GROUP II

DECENTRALISATION OF DEVELOPMENT MANAGEMENT

TO PROVINCIAL AND DISTRICT LEVELS

 

PROGRAMME FOR NATIONAL DECENTRALISATION SEMINAR

Auditorium, ‘P’ Block, Pakistan Secretariat, Islamabad

12-13th March, 1998

12th March, 1998 (Day One)

0830 - 0900 Registration of participants

0900 - 0905 Welcome by Mr. Aftab Ahmad Khan, Secretary EAD

0905 - 0915 Introduction to LDG Process by J.K.Robert England, UNDP Resident Representative

0915 - 0940 Opening address by Dr. Hafiz Pasha, Deputy Chairman, Planning Commission

0940 - 1000 Keynote Address by Mr. Saeed Ahmad Qureshi

1000 - 1020 Discussant

1020 - 1040 Presentation by Mr. Muntazir Khan, Deputy Director, MSW, on the Good Governance Group Provincial Workshops

1040 - 1100 Tea Break

1100 - 1220 Open discussion

1220 - 1230 Wrapping up and briefing on Working Groups

 

1230 - 1400 Lunch hosted by UNDP

1400 - 1830 Four Working Groups:

1. Consitutional, legal and political issues in "P" Block, 2nd Floor Committee Rm 204

2. Financial issues in "Q" Block, 2nd Floor Committee Rm 206

3. Administrative issues in Auditorium, "P" Block

4. Capacity Building of local governments in Auditorium Reception, "P" Block

13th March 1998 (Day Two)

0900 - 0915 Welcoming back of Participants by Mr. Ahsan Iqbal, MNA, Minister of State and Chief Coordinator of Pakistan’s 2010 Programme

0915 - 1000 Presentation of Recommendations from the Working Groups

1000 - 1020 Tea Break

1020 - 1200 Discussion facilitated by Mr. Ahsan Iqbal

1200 - 1230 Summary and final address by Mr. Ahsan Iqbal

1230 - 1400 Reception hosted by GoP