11.08.2013 A recipe for local government in Sindh
Considering Sindh’s prevalent ethnic and geographic schism, the new local government law should focus on effective service delivery
By Naseer Memon
Supreme Court’s firm orders have rekindled the hope for Local Government elections in the country. During previous five years stint of elected government, no party deemed it necessary to revive local bodies in the provinces under their rule. During recent years, Sindh has been oscillating between the local government law of 1979 and newly introduced Sindh People’s Local Government Act which was subsequently countermanded. The provincial government is mulling over a new law these days.
Considering Sindh’s prevalent ethnic and geographic schism and its uneven demographic composition, the new law should have inclusive characteristics to cement the widening cleavages along various fault lines. Previous SPLGA 2012 was more divisive that triggered a new wave of ethnic acrimony and an otherwise avoidable controversy in the province.
The new law should focus on effective service delivery and good governance for all citizens without any discrimination rather than courting any political or ethnic groups/allies. Karachi and other emerging cities of Sindh should get a fair and equitable treatment. Under SPLGA 2012, Karachi Metropolitan Corporation was accorded an exclusive domain in some of the subjects which disturbed the equilibrium of authority.
In the new law all districts should be given equal treatment in terms of authority and responsibility and mandate. Karachi has five administrative districts that should determine the configuration of Local Government structure for Karachi Metropolitan. The City government model of 2001 systematically deprived rural areas of Karachi from their due share in development resources and process. These rural areas are chronically impoverished and under developed.
Special status should be accorded to these rural areas by allocating dedicated development funds, certain urban based tax exemptions and a reserved share in jobs and admissions in academic institutions etc. For coordination purpose, an apex body in the Karachi Metropolitan Corporation should be established to manage inter-district development projects and other affairs.
Elected local government representatives should have authority to take decisions in their respective areas. Bureaucracy should not dominate the elected representatives. A balance of authority should be created. Balance and segregation of power between the two should be amply delineated and demarcated.
Subjects like security, police and land management should not be the exclusive prerogative of the Metropolitan/District Councils. Land, particularly in urban areas, is among the key sources of major conflicts, therefore, its management should rest with the provincial government. Similarly, the police have already been much politicised and has been grossly misused as a tool of control and oppression by the powers that be, therefore, it should be under the provincial government.
An independent Local Government Commission needs to be established under the chairpersonship of the chief minister to look after local government affairs. This high powered body should have the final authority to take appropriate decisions regarding any matters pertaining to local governments.
Women should have at least one-third reserved seats at all tiers of the local government. They should be elected through direct voting and not nominated/selected by the men on the elected councils. Additionally, women should be given party tickets to contest elections on general seats too. Similarly, religious and sectarian minorities, peasants and workers of the labour classes should have adequate representation at all tiers and they should also be elected through direct voting on reserved seats.
Allocation of development funds to the elected councils should be made through transparent, fair, rights-based and needs-based criteria. The moribund SPLGA 2012 introduced principles and indicators like fiscal capacity, fiscal effort and fiscal performance, which have inherent tilt in favour of the big cities where economic activity can generate surplus resources. Principles of provincial finance and budgeting should categorically mention indicators like poverty, gender gaps, geographic backwardness and development gap.
The Human Development Index empirically establishes these indicators. The existing structure of Provincial Finance Commission (PFC) may be reviewed and revised on the aforementioned indicators. Composition of the PFC should include independent and apolitical technocrats to ensure fair distribution of resources.
Under the rescinded SPLGA 2012, councils were allowed to set up any office or undertake any activity which is not decentralised through their own finances. Such provisions can be deleterious in two ways. One; it will benefit only big cities where surplus resources can be generated through additional levies. Second; flexibility of provision for “any office” will allow establishing potentially objectionable offices e.g. armed militia under the garb of local security initiatives. Exploiting this lacuna, powerful vested groups can create their own loyal force on tax payers’ resources.
Sindh is a disaster prone area and during the past three years, the province has witnessed a series of devastating catastrophes. The new law should empower and charge the local governments to develop and execute disaster risk reduction and disaster management plans under the technical guidance and supervision of Provincial Disaster Management Authority.
The right to information is a key to empower citizens and ensure transparency and good governance. Sindh can take a progressive step by introducing right to information clause in the new local government law. Citizens should be given access to information on development planning, budgeting, expenditure, engendering, meeting minutes and other matters of governance at the district level and at the lower tiers.
The new local government law should make a provision for grievance redressal/complaint management mechanism enabling citizens to hold their elected councils accountable to them. This mandate can be given to the aforementioned Local Government Commission. However, access for every citizen should be made convenient through an institutional mechanism. District Ombudsman can be an option with appropriate powers to make local government departments accountable and efficient.
No Metropolitan or District Council should be exempted from accountability mechanism. In the past, a political group managed to evade audits of local government fund in their areas of influence. Local governments should be subject to accountability and transparency under the constitutional and legal framework of the province. District Public Accounts Committee should also be introduced to create a check and balance with a council member of the opposition of repute as its head.
Local governments should be made responsible to issue an annual performance report to the provincial government and also through the mass media. Such public disclosures should also be in the local languages to ensure wider outreach.
An announcement to hold local government elections on party basis is a welcome decision. In order to ensure and promote democratic culture at the grassroots level and to make them directly responsible to people; District, Taulka and Town/Municipal Committee Chairpersons should be elected through direct voting under adult franchises system.
Appointments for the district level bureaucrats of grade-17 and above should be made mandatory for three years unless serious allegations and complaints are established through a committee of elected council members, both from treasury and opposition benches.
A representative and empowered district planning and development committee should be included in the new local government regime with a mandate to plan and monitor demand driven development schemes. The committee should include both men and women members both from treasury and opposition benches and ex-officio officers.
With an objective to make districts and Talukas financially sustainable, appropriate powers to impose taxes and duties at the district level may be ensured to district councils.
nmemon2004@yahoo.com