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ince its inception in 1947, Pakistan has faced a crisis of federalism. Repeated decisions to centralize power have deprived smaller provinces of their most pressing demands at the time they agreed to join the Pakistani state: increased provincial autonomy and the

devolution of power. For six decades, the promise of federalism has eroded under the weight of unfettered military rule, unbalanced and undemocratic state structures, and the domination of all institutions by the ruling Punjabi-Mohajir elite. With international attention focused on the Islamist insurgency, another crucial dynamic in Pakistani politics—the decline of inter-provincial harmony—has gone unnoticed. The rise of separatist movements, like the steady advance of Islamic fundamentalism, once again haunts the country, bringing with it the specter of failed statehood. To survive these existential crises, Pakistan must adopt constitutional reforms that limit the center’s authority to four areas of national concern: defense, foreign policy, currency, and communications. Governance must be strengthened by delegating greater power over education, resource exploitation, and taxation to provincial governments. By restoring a balance of power both between the executive and legislature, and between the center and the provinces, Pakistan can move a vital step closer to political stability and genuine democracy.

—Jami Chandio, April 30, 2009

S “

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Part I: Introduction and Historical Context

Part II: Issues of Federalism

Part III: Recommendations

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State Crisis in Pakistan

Grieving in Balochistan

Armed patrols in Pashtunkhwa (NWFP)

Sindh: Demanding legitimate rights

Lahore: Struggle for rule of law

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BALOCHISTAN

Pop: 10.25 mil

Languages: Balochi, Pashtun

Ethnicities: Baloch, Pashtun Federally

Administered Northern Areas

(FANA)

Pop: 1.8 mil

Languages: Pashto/ Hazara

Ethnicities: Ismaeli, Pashtun/Hazara

Federally Administered

Tribal Areas (FATA)

Pop: 5.6 mil

Languages: Pashto, Hazara

Ethnicities: Pashtun, Tribal

PASHTUNKHWA (NWFP)

Pop: 20.22 mil

Languages: Pashto, Hazara,

Ethnicities: Pashtun, Hazara, Tribal

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Courtesy: Friedrich Naumann Siftung and Liberal Forum of Pakistan6

Historical interpretations that place religion as the primary factor behind the partition of India are fundamentally flawed.

Decentralization, provincial autonomy, and power-sharing were demands of the northeast and northwest Muslim majority provinces. Until 1930, there was little support for a state like

Pakistan in these Muslim majority areas because of fears over this new state mainly representing Punjabi interests.

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Nehru Report of 1928 and the Constitution of India (1935 India Act) became major sources of conflict, which ultimately resulted in partition. The constitution removed basic autonomy and rights from

historically self-governed federating units NE and NW Muslim majority provinces feared the domination

and power of federal authorities. Muslim League divisively exploited religion to gain support

against the 1935 Act, which preserved the united state of India.

The 1940 Lahore Resolution offered the status of “autonomous and sovereign” states within the new formula.

After the1940 Resolution, NE and NW Muslim-majority provinces agreed to join the new state of Pakistan.

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1947: Independence Act and over-centralization of state authorities through Provisional Constitution Order

1949: Adoption of 1935 Act as an interim constitution for the new Pakistani state Objective Resolution lays foundations for a theocratic

state and a unitary form of government 1949: Elevation of Urdu to the status of sole

national language (which only 5.8% population of West Pakistan spoke)

1955: Consolidation of west Pakistani provinces into the ill-famed “One Unit” scheme

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Over-centralization of the state authorities/structures Concurrent lists favor federal authority against

provinces Domination of one province (Punjab) in all state

institutions: parliament, armed forces, civil bureaucracy, and federal agencies and corporations.

Plight of smaller provinces Unjust National Finance Commission (NFC) awards Inequalities in natural resource exploitation and royalty

distribution (water, oil, gas, coal, etc.) Disproportionate allocation of jobs and opportunities Undemocratic language and education policies Inter-provincial migration and fears of supplanting of

indigenous peoples 11

ProvincePopulation-based

Human Developme

nt Indicators

Revenue Collection

Inverse Population Density

Punjab 57.36% 20.6% 23.04% 4.32%

Sindh 23.71% 22.5% 69.02% 7.18%

Baluchistan

5.11% 24.9% 2.40% 82.0%

Pashtunkhwa (NWFP)

13.82% 32.0%5.54%

6.50%

Source: Pakistan National Human Development Report 2003, UNDP Pakistan, as cited in Dr. Gulfaraz Ahmed, “Fiscal Federalism: Resource Sharing Issues,” Pakistan Institute of Development Economics.

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Province

Gas Productio

n(%)

Oil Production

(%)

Sindh 71 56

Punjab 5 25

NWFP 2 18

Baluchistan

22 0.1

Provincial Oil and Gas Production in Pakistan 2007–2008

Source: Pakistan Energy Yearbook 2008, Ministry of Petroleum and Natural Resources, Government of Pakistan.

Each province receives 12.5% of the total revenue it contributes to the national pool from resource exploitation.

The federal center keeps the other 88.5% of the royalty.

Oil- and gas-producing provinces remain chronically underdeveloped and do not receive their fair share from wealth production.

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Quota Establish

ed in 1973

Army(2009)

Civil Servants(1993)

Autonomous Bodies and

Corporations (1993)

Punjab 50% 86% 62.36% 49.94%

Pashtunkhwa (NWFP)

11.5% 9% 12.41% 10.17%

Sindh

Urban: 7.5%

Rural: 11.4%Total: 18.9%

3.2%

Urban: 9.5%

Rural: 7.6%

Total: 17.1%

Urban: 26.8%Rural: 8.2%Total: 35.0%

Balochistan 3.5% ~1% 3.01% 2.43%Source: Mohammad Waseem, “Affirmative Action Policies in Pakistan,” Ethnic Studies Report, Vol. XV, No. 2, July 1997. 14

1973 1983 1986Punjabi 49.3% 54.9% 55.3%

Pashtun 10.5% 13.4% 12.6%

Sindhi 3.1% 5.4% 7.2%

Urdu-speaking 30.1% 17.4% 18.2%

Federally Administered Tribal Areas (FATA)

2.6% 3.6% 1.4%

Azad Jammu and Kashmir

1.8% 1.9% 1.7%

Source: Charles H. Kennedy, “Managing Ethnic Conflict: The Case of Pakistan,” Regional Politics and Policy (Spring 1993): p. 138. 15

Intra-state conflicts (economic, political and ethnic) Center vs. Provinces Punjab vs. Smaller Provinces Provinces vs. Districts

Separation of East Pakistan (Bangladesh) Rising distrust in model of federalism as practiced in

Pakistan Weak state institutions and bad governance

Underdeveloped provincial and local governments and

infrastructure

Unresponsiveness of authorities to citizens’ immediate needs and

rights

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Constitutional Reforms Separation of Powers

Provincial autonomy Fiscal Redistribution (NFC Awards) Resource Exploitation and Royalties

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A new, more democratic and representative constitution based on the 1940 Resolution should be passed by a new Constituent Assembly.

The 1973 constitution could serve in the interim, provided undemocratic amendments are abrogated

A Constitutional Court should be established to protect integrity of new constitution and arbitrate over inter-provincial/federal relations.

The concurrent list should be abolished. The federal government should have only four areas of responsibility:

foreign policy, defense, currency, and communications. All remaining areas (including taxation) should go to provincial

governments. FATA and FANA should become part of Pashtunkhwa (NWFP). The military should have no role or stake in politics and public life.

The armed forces should be restructured and should have equal representation from all the respective provinces. 18

A structurally imbalanced federation has emerged since the separation of East Pakistan.

Senate must be empowered as a true territorial chamber where each province retains equal numerical representation. Senators should be directly elected by the populace. Senate must have the power to pass or veto budget,

defense and monetary bills as well as to approve treaties with foreign states.

All federal appointments must be confirmed by Senate committees.

Non-Muslim Pakistanis should be given representation in the Senate.

A renewed Council of Common Interests should be genuinely representative, meet regularly, and function according to its mandate of facilitating inter-provincial communication and conflict resolution. 19

Provinces should enjoy full provincial autonomy in accordance with 1940 resolution

All indigenous languages—Punjabi, Sindhi, Pushto, Balochi, Siraiki, Hindko and others—should be granted the status of national languages.

Urdu and English should remain the official languages of communication. Provincial governments should be able to devise and implement

education and language policies according to their own preferences. District Government System should be abolished and the previous

municipal system should be restored to its true spirit and form. Either the office of the Governor should be abolished or the

constitutional powers of governors should be curtailed (specifically the right to dismiss the provincial assemblies and governments).

The state has no constitutional or moral right to redraw the geographical boundaries of provinces against the wishes of the indigenous people.

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National Finance Commission awards should not be distributed solely on the basis of population

Instead, the allocation of NFC awards should be decided through an index of the following criteria: population revenue-generation capacity disparities in development as measured by the Human

Development Index (HDI), inequality (GINI coefficient), and incidence of poverty in the provinces

level of per-capita income in comparison with other provinces

The Central Board of Revenue should be abolished in favor of the establishment of a Provincial Board of Revenue 21

Resource control should lie completely in the hands of provinces.

30% of the royalty from fossil fuels should be given to the center

20% of the royalty from fossil fuels should be given to the resource-producing districts

The remaining 50% should remain in the provinces. According to international law on water-sharing, lower

riparian areas have the right to veto any diversions of water from major rivers and tributaries.

Further cuts and diversions through dams, canals and barrages on the Indus River must gain the approval of lower riparian areas.

Upstream mega-water projects should be shelved. 22

True federalism offers the most democratic system to govern Pakistan’s diverse array of nationalities and communities. Democratic resolution of intra-state conflicts and

promotion of inter-provincial harmony Depoliticizing and ensuring transparency in the

military Protecting language and cultural rights of all

nationalities and communities Providing equitable social justice to underdeveloped

and marginalized regions, nationalities, and communities

Improve governance in regions threatened by the advance of the Taliban

Maintaining the integrity of the federation based on equality and justice 23

Thank You

Long live the struggle for democracy, peace and provincial autonomy in Pakistan!

jchandio@cpcs.org.pkwww.cpcs.org.pk

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