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    GOVERNANCE ISSUES IN PAKISTANA CRITICAL APPRAISAL

    2

    Presenter: Engr. Aamir HasanChief InstructorDate: 22 January, 2011

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    SEQUENCE OF PRESENTATION

    Aim What is Governance?

    Political Dimensions of Governance in Pakistan

    Role of Judiciary

    Administrative Governance

    Role of NGOs, Civil Society Organization and Media

    Conclusions and Recommendations

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    Aim of the presentation

    The aim of this presentation is to find answers to the

    following three basic questions:-

    What are the key governance issues of

    Pakistan in three main areas politics,judiciary and administration?

    What is the role of the NGOs, CSOs and the media

    in ensuring good governance?

    What policy options are available to improvegovernance in the above areas to make the system

    more efficient and effective?

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    WHAT IS GOVERNANCE?

    Governance refers to the process of decisionmaking and the process by which decisions areimplemented

    Government one actor in Governance

    Other actors vary according to setting

    (Source: Niranjan Pani and others, Modern System ofGovernance (New Delhi: Anmol Publications, 2004, Pg5)

    (Contd)

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    WHAT IS GOVERNANCE? (Contd)

    In urban areas, additional actors may includemedia, lobbyists, multi-national corporations, etc

    In rural areas, other actors include influential

    landlords, associations of peasants & farmers,NGOs, religious leaders, political parties, etc

    Informal decision making structures such as `Kitchen

    Cabinets or informal advisors may also exist atnational level

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    DEFINITION OF GOOD GOVERNANCE

    Scholars generally agree that good governance musthave the attributes of an effective, credible andlegitimate system, citizen friendly, value caring and people

    sharing

    (Source: BK Dey, Defining Good Governance,Indian Journal of Public Administration ,Annual Issue,

    1997, Pg 414 )

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    KEY COMPONENTS OF GOOD

    GOVERNANCE

    Accountability

    Transparency

    Predictability

    Participation

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    MAJOR CHARACTERISTICS OF GOOD

    GOVERNANCE

    (Source: Pani, opcit, Pg14-16)

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    CONCEPT OF HUMANE GOVERNANCE

    Introduced by Mahbub ul Haq Human Development Centre in1999

    Combines good economic, civic and political governance and

    relates it to human development

    All three components closely linked

    Legislature, political leadership, judiciary, bureaucracy, civilsociety and media have to perform effectively and in closecoordination to achieve humane governance

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    Table 1 Ranking of civil liberties and political rights in South Asia, 1999-20071999 2007

    Country Political Civil Freedom Political Civil Freedom status

    rights liberties status status liberties status

    rank rank rank

    Pakistan 5 4 Partly Free 5 6 Not Free

    India 4 2 Partly Free 3 2 Free

    Bangladesh 4 2 Partly Free 4 4 Partly Free

    Sri Lanka 4 3 Partly Free 4 4 Partly Free

    Nepal 4 3 Partly Free 4 5 Partly Free

    Maldives 6 6 Not Free 5 6 Not Free

    Bhutan 7 7 Not Free 5 6 Not Free

    11

    Note: a: Rank 1 means most free and 7 means least free b: Political rights

    enable people to participate freely in the political process, and include theright of all adults to vote and compete for public office, and for elected

    representatives to have a decisive vote on public policies c: Civil liberties

    include the rule of law and the freedom to develop views, institutions, and

    personal autonomy apart from the stateSource: 10-year Survey on Human Development in South Asia, by Mahbubul

    Haq Foundation, 2008

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    GOOD GOVERNANCE IN PAKISTAN

    (PROBLEMS AND ISSUES)

    Pakistan ranks very low in civil liberties and political rights

    Most of the characteristics of good governance missing

    The three components of humane governance largelymissing and thus Pakistan ranks very low in humandevelopment

    Different organs of state like legislature, judiciary, andexecutive not performing effectively and lack coordination

    Civil society and media also need to be more dynamic andvigilant

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    POLITICAL DIMENSIONS OF

    GOVERNANCE IN PAKISTAN

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    Basic Concepts Of Political Governance

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    Political governance of a society takes on a larger role thanthe government

    A good governance state has many more actors than the

    conventional state (as shown in Figure)

    (Contd)

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    Basic Concepts Of Political Good Governance

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    Crisis Of Political Governance In Pakistan

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    By the 1990s, the crisis had heightened

    In many cases, process of government formation not

    legitimate

    Even legitimately formed governments have proved corrupt

    and incompetent

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    Main Problems Of Political Governance System In

    Pakistan

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    Powerful personalities and weak institutions

    Large sections of population excluded from the process ofdecision making

    Essential elements of liberal democracies like rule oflaw, separation of powers, protection of fundamental rights offreedom of speech, religion, assembly & property often

    lacking

    (Contd)

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    Main Problems Of Political Governance System In

    Pakistan

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    Lack of strong political parties, vibrant opposition and avigilant civil society

    Rule of elite (powerful families and groups comprisingfeudal, civil and military bureaucracy and industrialists)

    Ineffective land reforms and no taxation of agricultural

    income have led to continuation of feudal system

    (Contd)

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    Main Problems Of Political Governance System In

    Pakistan

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    Decentralization carried out through Devolution Plan suffers

    from many weaknesses

    Separation of powers between legislature, judiciary and

    executive not strictly followed leading to interference in each

    others working

    Focus of parliamentarians on issues other than legislation

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    A comparison between legislatures over a period of four years, 2002-2005

    Working days Bills passed No of hours met peraverage/year) (average/year) day (average/year)

    Lok Sabha

    (India) 85-90 51 6House of Commons(Great Britain) 150 45 8National Assembly(Pakistan) 82 3 3

    Number of women in the lower house of South Asian parliaments, 1997-2007

    Till 1997 2007

    Country Elections % women Elections % womenPakistan 1997 2.3 2002 21.3India 1996 7.2 2004 8.3

    Bangladesh 1996 9.1 2001 15.1

    Sri Lanka 1994 5.3 2004 4.9

    Nepal 1994 3.4 2007 17.3

    Maldives 1994 6.3 2005 12.0

    Source: PILDAT 2007

    Source: IPU 2007

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    JUDICIAL GOVERNANCE

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    ROLE OF JUDICIARY

    Judiciary is responsible for:-

    dispensation of justice; and

    exercisingjudicial review

    ( Throughjudicial review, the superior judiciarymonitors the performance of the Executive and

    the Legislature and also that of the inferior courtsand tribunals to keep them within limits. When

    the judiciary takes actions beyond the settled limits

    it is called judicial activism)

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    INDEPENDENCE OF JUDICIARY

    Independence of judiciary is essential to ensure itsimpartiality, efficiency and reliability

    The following conditions should be fulfilled for ensuring

    independence of judiciary:-

    an objective criteria for selection and removal ofjudges;

    good salary packages;

    security of tenure;

    independence from the executive & legislativebranches;

    an effective system of accountability

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    IS THE JUDICIARY OF PAKISTAN

    INDEPENDENT?

    Lower judiciary recruited through a competitiveexamination and progress upto the level of the

    District & Session Judge;

    Own service structure and terms & conditions defined

    High Courts competent to take disciplinary action

    against judges of lower judiciary

    Judges of Superior Courts appointed by President*

    They continue to hold office until reaching retirementage, resign or are removed from office

    (Contd)

    * position changed after 19th amendment

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    IS THE JUDICIARY OF PAKISTAN

    INDEPENDENT? (Contd)

    Judges of superior courts can only be removed by thePresident on the recommendation of a Constitutional body

    called the Supreme Judicial Council

    System not very transparent:-

    Lower judiciary politicized and significant level of

    corruption exists

    Considerable interference of executive inappointments, promotions & transfers of judges

    (Contd)

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    IS THE JUDICIARY OF PAKISTAN

    INDEPENDENT? (Contd)

    Judges have been validating dissolution of Assemblies &army takeovers by use of doctrine of necessity

    Judges have also taken oath under provisional constitutional

    orders

    Such a judiciary cannot be considered independent

    Two Chief Justices can be considered independent:

    Chief Justice Sajjad Ali Shah who had a confrontation

    with the President & the Prime Minister in 1997 Chief Justice Iftikhar

    (Contd)

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    IS THE JUDICIARY OF PAKISTAN

    INDEPENDENT? (Contd)

    Role of CJ Iftikhar

    Chief Justice Iftikhar took independent decisions, wassuspended by the President in March 2007 butreinstated by the Supreme Court in July, 2007

    He refused to take oath under the PCO of PresidentMusharraf issued after the imposition of emergency inNovember, 2007

    Was reinstated in March, 2009 after a country-wide

    lawyers movement Under Chief Justice Iftikhar, superior judiciary has started

    asserting its independence which needs to be sustainedthrough judicial reforms

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    ROLE OF JUDICIARY IN INDIA AND

    OTHER COUNTRIES

    Very effective in ensuring good governance and rule of lawwith the support of an independent Bar

    Significant contribution in improving governance in the

    spheres of environment, human rights, gender justice,education, minorities, police reforms , etc

    Countries like Malaysia and Singapore more effective in

    promoting good governance through public interestlitigation

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    MAJOR PROBLEMS FACING JUDICIARY

    IN PAKISTAN

    Lower judiciary still subject to executive control

    Shortage of judges/support staff

    Backlog of cases

    Lack of computerization of record Lack of coordination

    Inefficient system of issuing summons/follow up

    Non execution of decrees in time

    Low conviction rate Detention of under trial prisoners in jails

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    RECENT INITIATIVES

    The Access to Justice Programme

    Launched in 1999 with the financial support of the Asian

    Development Bank Emphasis on training and development of career paths

    for judicial administrators

    Improvement of judicial budget; computerization of

    record and procedures; coordination of national delayreduction plan

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    RECENT INITIATIVES

    Revision of role and expansion in mandate of the Law &Justice Commission

    Carried out in 2004 to convert it into an effective

    body for proposing reforms, monitoring them andacting as a think tank

    Endowment Fund of US $ 25 million placed at itsdisposal called the Access to Justice Development Fund(AJDF)

    AJDF being utilized for strengthening operations ofthe subordinate courts, improving the work of legal andjudicial research institutions and supporting legalempowerment initiatives

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    RECENT INITIATIVES

    Formulation of the NATIONAL JUDICIAL POLICY

    MAKING COMMITTEE (NJPMC)

    NJPMC formulated in 2004

    To ensure a skilled and efficient judiciary by improving

    performance standards, rationalizing terms & conditions of

    judicial functionaries and strengthening judicial statistics

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    RECENT INITIATIVES

    ENFORCEMENT OF THE NATIONAL JUDICIAL POLICY

    Enforced on 1st July, 2009

    Main objectives:-

    Clear backlog of cases

    Reduce delays

    Focus on justice at grassroots level

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    RECENT INITIATIVES

    ENFORCEMENT OF THE NATIONAL JUDICIAL POLICY (Contd)

    Committees to be formed for monitoring conduct of judges

    Regular transfers of support staff

    Separation of judges from executive posts

    Registration of complaints against conduct of lawyers, in Bar

    Councils

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    PRESENT SCENARIO

    Superior judiciary asserting independence

    62 PCO Judges shown the door.

    Selection of High Court Judges on merit and without

    political leanings.

    Land mark decision against NRO.

    Reopening of cases against more than 8000

    politicians/bureaucrats/government employees.

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    PUBLIC INTEREST LITIGATION

    Proceeding against the increased prices of medicines.

    Case against sugar mafia.

    Steel mill corruption case.

    High rise buildings and plazas. Ban on basant.

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    PUBLIC INTEREST LITIGATION

    Suo-motu action against long defaulters.

    Rs.193 billion loans of 19711 borrowers waived off(State

    Bank of Pakistan).

    Legal proceeding against the defaulters and forrecovery of defaulted amount.

    Defaulters asked to pay back loans

    Is this judicial activism or judicial excessivismor.?

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    ROLE OF NGOs and CSOs

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    Civil Society in Pakistan includes, but is not limited to NGOs

    working on rights based advocacy, research and service delivery,

    youth groups, human rights organizations, philanthropicorganizations, womens rights networks, minority rights groups,

    farmers associations, mainstream and alternative media,

    International Non-governmental Developmental Organizations,

    Community Based Organizations, religious parties and thePakistan Diaspora living overseas\

    (Source:3 D/Security Initiative/Policy Brief, October, 2009)

    (Contd)

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    ROLE OF NGOs and CSOs (Contd)

    Importance

    Can play a significant role in ensuring good governance

    Can hold public representatives and bureaucratsaccountable

    Can assist the government efforts (eg in earthquakeof 2005, rehabilitation of IDPs of Swat, etc)

    Can voice public concerns and protect rights ofpeople (eg lawyers movement)

    (Contd)

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    ROLE OF CSOs IN ENSURING GOOD

    GOVERNANCE IN INDIA

    Very effective since the Eighties An apex national committee called the Joint Machinery

    for Government and NGOs exists in the PlanningCommission

    Very active in the fields of human rights, education,disaster relief, women and child rights, environment, publicaccountability, health, etc

    Suffer from constraints like lack of technical capacity, weakinternal governance and accountability, financialconstraints, dependence on personalities, lack ofcooperation from government, etc

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    COMPARISON BETWEEN CSOs OF

    PAKISTAN and INDIA

    Indian CSOs more developed, with long history Pakistan CSOs in the formative phase but played an

    important part in restoration of judges Both share similar kinds of constraints but Pakistani CSOs

    had to face the wrath of a military dictator

    Indian CSOs more indigenous with roots in localpopulation

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    ADMINISTRATIVE GOVERNANCE

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    EFFECTIVENESS OF THE SYSTEM OF

    BUREAUCRATIC ACCOUNTABILITY

    Internal accountability through the Civil Servants Act,

    1973 and other rules and regulations and through

    the PER system

    Constitutional guarantees removed

    Limited effectiveness in achieving accountability

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    Contd

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    Political leadership monitors the performance ofcivil servants through:-Approval of Budgets

    Policy making

    Monitoring of tax collection

    Administrative organization

    Senate/Assembly questions

    Public accounts committee

    Standing committee of NA/Senate

    Limited effectiveness in achieving accountability

    EFFECTIVENESS (contd.)

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    EFFECTIVENESS (contd.)

    Legal remedies offered by courts

    The system of judicial accountability may takenecessary actions in case of:-

    An action is taken by the administrator in violation ofthe constitution

    The courts have the power to determine whether agiven class of actions is within the law

    The courts may impose penalties/punishments to theadministrators who act outside the scope of law

    Role discussed earlier

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    EFFECTIVENESS (contd.)

    Action by citizens

    Its effectiveness depends upon the extent to

    which the citizens:-

    Are aware of the policy issues

    Take active part in government business at all

    levels

    Build a kind of society in which administrators areheld responsible for performing their duties for

    the welfare of public

    Effectiveness?48

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    EFFECTIVENESS (contd.)

    Role of Media

    Media playing important role

    To be discussed later

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    EFFECTIVENESS (contd.)

    Role of the Political Parties Political parties play important role and act as an

    effective check on administrators

    They act as a link between people and theiradministrators

    A healthy relationship can accommodate mutualinfluence, free interaction and productiveconfrontation

    Not very effective in Pakistan being largely underdeveloped

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    EFFECTIVENESS (contd.)

    Role of the Ombudsman

    Set up in Pakistan at federal level in 1983

    Handles complaints of common citizens against

    maladministration in government departments Has the powers to investigate, criticize,

    recommend and publicize

    Effectiveness depends upon prestige of his office,his own fairness and on the publicity given to hiscriticism and recommendations

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    EFFECTIVENESS (contd.)

    Role of the Ombudsman (contd.)

    Institution has progressed well in Pakistan and

    now exists at provincial level as well as in

    banking & taxation sectors

    Offers a cheap alternative to judiciary

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    STATISTICAL POSITION OF CASES RECEIVED/

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    STATISTICAL POSITION OF CASES RECEIVED/

    SETTLED BY WAFAQI MUHTASIB

    Year Cases

    received

    Cases

    disposed off

    Cases under

    process

    2004 25327 22030 3297

    2005 15136 10713 4423

    2006 11887 1734 10153

    2007 23290 13388 9902

    2008 23332 21368 1967

    Total 98972 69233 28842

    WAFAQI MOHTASIB ANNUAL REPORT, 2008-09 53

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    EFFECTIVENESS (contd.)

    Role of the National Accountability Bureau (NAB) Set up in 1999 under the NAB Ordinance as a replacement

    for Ehtesab Bureau which existed from 1997-99

    Twenty one Accountability courts also established in

    Rawalpindi,Lahore,Karachi,Peshawar,Qeutta andHyderabad

    Main purpose was to expose corruption in public sectorand prosecute corrupt politicians, bureaucrats,businessmen & retired armed forces officers through the

    Accountability courts Over 315 cases initiated

    Not very effective as CPI further deteriorated

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    Table -5 Trends in the

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    Corruption

    Perceptions

    Index (CPI),

    1997-2007

    CPI Score

    1997 2007

    Singapore 8.6 9.3

    Hong Kong 7.3 8.3

    Taiwan 5.0 5.7

    Malaysia 5.0 5.1

    South Korea 4.3 5.1

    Thailand 3.0 3.3

    South Asia

    Sri Lanka .. 3.2

    India 2.7 3.5

    Pakistan 2.5 2.4Nepal .. 2.5

    Bangladesh .. 2.0

    Bhutan .. 5.0

    Maldives .. 3.3

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    Note: CPI score relates to perceptions of the degree of corruption asseen by business people, academics and risk analysts, and ranges

    between 10 (highly clean) and 0 (highly corrupt)

    Source: TI 2007

    STATISTICAL POSITION OF CASES

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    STATISTICAL POSITION OF CASES

    RECEIVED/DISPOSED OFF BY NABNABStations

    CasesFiled

    Casesconvicted

    CasesAcquitted

    Caseswithdraw

    n

    Casesdispose

    d off

    Cases in progresson 31-12-07

    including backlog

    HQs 7 - - - - 7

    Lahore 103 16 12 18 46 171

    Karachi 87 3 4 1 8 214

    Peshawar 42 17 3 1 20 106

    Quetta 21 7 - 2 9 22

    Rawalpindi 55 5 7 1 13 106

    Total 315 48 26 22 96 626

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    EFFECTIVENESS (contd.)

    Role of the National Accountability Bureau (NAB) Many convicted persons released on payment of

    looted money under the plea bargain clause

    The plea bargain clause and the NationalReconciliation Ordinance issued on 5th October,2007 seriously affected the credibility of NAB

    NRO declared null and void by Supreme Court

    Plans underway to replace NAB with the NationalAccountability Commission (NAC), with considerablyless powers

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    EFFICIENCY OF BUREAUCRACY

    Efficiency of bureaucracy in Pakistan adverselyaffected due to the following reasons:-

    Low morale due to:-Low salaries

    Political interference in postings & promotionsLack of an effective reward & punishment mechanism

    Removal of constitutional safeguard on their terms andconditions of service

    Lack of well defined career structure, especially for

    doctors/engineersPromulgation of The Removal From Service (Special Powers)

    Ordinance, 2000 ( later on repealed)

    Lack of effective career planning

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    EFFICIENCY (Contd.)

    Weaknesses in tax policy and administration: Discretionary powers of tax collectors

    Complex tax rules

    Weak supervision of staff The above factors led to collusion between tax payers and

    tax officials, and widespread corruption

    Situation improved with introduction of Universal Self

    Assessment Scheme in 2002 & comprehensiverestructuring of FBR but reforms need to be carried

    forward

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    EFFICIENCY EFFECTIVENESS OF

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    EFFICIENCY EFFECTIVENESS OF

    BUREAUCRACY (Contd.)

    Excessive Size of the Government: Over 34 million employees of the Federal and Provincial

    governments

    Only 10 percent in BS-17-22, 90 percent in BS 1-16

    Mostly recruitments in lower scales are made on political

    basis and not on merit

    Need to reduce staff size and increase no of officers whose

    salaries can be monetized

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    ROLE OF MEDIA

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    ROLE OF MEDIA IN GOOD

    GOVERNANCE

    Called the fourth pillar of state

    Functions as a watchdog and also as a mirror for the

    society

    Acts as a liaison between government and society

    Can influence government policies and assists the

    government in formulating its policies in the national &

    public interest

    Should be free and responsible to be effective

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    ROLE OF MEDIA (Contd)

    Is the Pakistani Media Free?

    Pakistan signatory to UN Declaration of Human Rightswhich guarantees freedom of speech, expression and press

    Article-19 of the Constitution lays down:-

    Every citizen shall have the right to freedom

    of speech and expression, and there shall be

    freedom of the press, subject to any reasonable

    restrictions imposed by law in the interest of theglory of Islam or the integrity, security or defence of

    Pakistan

    (Contd)63

    ROLE OF MEDIA (C td )

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    ROLE OF MEDIA (Contd)

    Is the Pakistani Media Free? (contd) Censorships and closures

    Detentions, kidnappings, lashings and even killings of

    media persons

    From 1947-2002 many restrictions existed on media Gen Musharraf allowed opening of private channels

    and gave unprecedented freedom to media

    A large number of private television channels

    operating which are free to level all kinds ofcriticism on govt

    (Contd)64

    ROLE OF MEDIA (Contd )

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    ROLE OF MEDIA (Contd)

    Legislation regulating media in Pakistan

    Pakistan Electronic Media Regulatory Ordinance 2002(amended in 2007)

    Set up a regulatory authority, PEMRA

    Aim was to regulate and develop electronicmedia, improving standards of information,education and entertainment and to provide abroader choice of programmes to people

    Prohibited live coverage of violence & conflict

    Made offences under PEMRA law cognizable andcompoundable

    PEMRA has the power to revoke the license ofoffending broadcast station/cable network

    (Contd)

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    ROLE OF MEDIA (Contd)

    Legislation regulating media in Pakistan (contd)

    Press, Newspapers, News Agencies,Books Registration Ordinance, 2002

    Press Council of Pakistan Ordinance,2002

    Defamation/Libel Law, 2002(Contd)

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    ROLE OF MEDIA IN PAKISTAN

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    ROLE OF MEDIA IN PAKISTAN

    (ANALYSIS)

    Despite considerable freedom of expression enjoyed bymedia, Pakistan ranked 152 in the world in terms of mediafreedom in 2007

    (Source: Reporters without Borders)

    (Contd)

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    ROLE OF MEDIA IN PAKISTAN

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    ROLE OF MEDIA IN PAKISTAN

    (ANALYSIS) (Contd)

    Reasons for low rating of Pakistan in media freedom

    Inability of government to provide security to

    media persons Blocking of electronic media by government

    Government policy for awarding governmentadvertisements

    Poor economic condition of working journalists

    (Contd)68

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    CONCLUSION

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    CONCLUSION

    Political Governance

    A governance crisis exists which has heightened since the1990s

    Marginalized sections of the society are deprived of

    participation in the decision making activities

    Institutions are weak

    Political parties are not developed

    Non implementation of effective Land Reforms and

    agricultural tax

    (Contd)

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    CONCLUSIONS (Contd)

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    CONCLUSIONS (Contd)

    Judicial Governance

    Independence

    Systems exist on paper for ensuring independence. Inpractice, judiciary still exposed to executive interference

    Previous governments interfered with appointment,

    promotion & transfer of judges and supported theirfavourites

    Independent judges punished

    At lower level judiciary still subjected to executive control

    Reinstatement of Chief Justice Iftikhar and hiscolleagues a landmark decision

    (Contd)

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    CONCLUSIONS (C td)

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    CONCLUSIONS (Contd)

    Effectiveness of judiciary

    Not effective in dispensing justice to the common man dueto many underlying problems

    Lower judiciary still under executive control

    Shortage of judges and supporting staff

    Huge backlog of cases

    (Contd)

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    CONCLUSIONS (C td)

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    CONCLUSIONS (Contd)

    Problems faced by judiciary

    Inefficient system of issuing summons/follow up

    Non-execution of decrees in time

    Low conviction rate

    Illegal detention of under trial prisoners in jails

    New initiatives like Access to Justice Programme,Expansion in role of Law & Justice Commission,Formulation of National Judicial Policy Making

    Committee & Establishment of District LegalEmpowerment Committee should improve thesituation

    (Contd)

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    CONCLUSIONS (Contd)

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    CONCLUSIONS (Contd)

    Administrative Governance Availability of an accountable, efficient and effective civil

    service extremely important for ensuring good

    governance

    Accountability of civil servants can be securedthrough different means

    Efficiency and Effectiveness of bureaucracy adversely

    affected by a number of factors

    (Contd)

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    CONCLUSIONS (Contd)

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    CONCLUSIONS (Contd)

    Level of cooperation between Government and Civil

    Society Organizations (CSOs)

    Universally considered very important in ensuring

    good governance

    In Pakistan recently became active (eg in earthquake,

    2005 rehabilitation of IDPs of Swat, lawyers

    movement, etc)

    Lack a united platform

    Many are foreign funded and follow their agenda

    Mutual lack of trust between govt and CSOs

    More cooperation required

    (Contd)

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    CONCLUSIONS (Contd)

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    CONCLUSIONS (Contd)

    Role of media in ensuring good governance

    Media in Pakistan became very free during Musharrafsregime

    Internationally, still perceived as facing restrictions dueto:-

    Physical violence perpetrated on journalists; Blocking of transmission by govt;

    Use of official advertisements as a pressuretactic by government

    Poor economic conditions of journalists which make

    them vulnerable to corruption PEMRA and Press Council act as a check on electronic

    and print media, which appears justified

    (Contd)76

    CONCLUSIONS (Contd)

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    CONCLUSIONS (Contd)

    Role of media in ensuring good governance Media has filled up the vacuum created by lack of

    informed or serious debate in parliament

    Media has great power to influence masses (eg

    lawyers movement, earthquake of 2005) Media some-times over sensationalizes issues and a

    segment of it is sponsored by foreign countries and

    follows their agenda

    A code of conduct needed for self regulation

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    RECOMMENDATIONS

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    RECOMMENDATIONS

    For improving political governance

    Complete and speedy implementation of 18th

    and 19th Amendment

    Promotion of culture of debate in parliament

    Effective implementation of land reforms andimposition of agricultural income tax (to breakfeudal system)

    Powers of the Senate to be enhanced and it shouldbe given the same powers as the National Assembly in

    respect of money bills

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving political governance (contd)

    Capacity building of political parties

    Capacitybuilding of party workers by introduction of

    mandatory training courses (especially for

    women)

    Trainedprofessionals to be hired for managing head

    offices professionally and introducing efficient

    management practices

    Dynastic politics should end and regular electionsshould be held for all party posts

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving judicial governance

    Working Conditions of courts to be improved by usingfunds of Access to Justice Programme

    Appointments at all levels of judiciary to be madestrictly on merit

    Judgments to be recorded instead of typed (toincrease rate of disposal of cases)

    Shortagesof judges & support staff to be reduced byimproving working conditions and by making new large

    scale recruitments on war footing Alternate Dispute Resolution Mechanisms (eg

    arbitration) to be encouraged

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving judicial governance (contd) Serious efforts to be made for meeting the targets of

    National Judicial Policy by:-

    putting in place an effective implementation

    mechanism; effective monitoring by Law & Justice Commission

    and National Judicial Policy making committee;

    funds to be provided through the Access to Justice

    Programme Working of other government departments (eg

    WAPDA, Railway) to be improved

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving administrative governance Reduction in size of government

    Work load assessment

    Mergers/abolitions of Ministries/Departments

    A new performance evaluation system to bedevised

    Clear cut job descriptions

    Key performance indicators

    Target setting through consultation

    Bi-annual evaluation

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving administrative governance (contd )

    System of reward and punishment

    360 degrees evaluation at a later stage

    Improving service delivery at district level

    Decision on a new system to replace the Local BodiesSystem to be taken urgently

    Fresh recruitments of well qualified, trained staff invarious departments on war footing

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving administrative governance (contd)

    Computerization of revenue record to reducedependence on Patwari

    Change in `Thana Culture to make police morecourteous and efficient

    Other provinces should also double police salaries, as inPunjab

    A new local bodies system should be put in place at theearliest

    Reform of Accountability process

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving administrative governance (contd)

    National Accountability Commission (NAC) should be

    given financial and administrative autonomy

    Its chairman to be appointed in consultation with the

    leader of opposition

    Plea bargain clause to be abolished

    NAC should not be used for victimizing political

    opponents and non-obliging bureaucrats

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving the working of the Civil Society Organizations(CSOs) Effective and accountable CSOs should be encouraged

    to work with government in various tiers ofdevelopment

    More public-private partnerships to be encouraged(eg like ERRA-Edhi Foundation, etc)

    CSOs should form effective coalitions which could be

    associated by government in policy formulation

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving the working of the Civil Society Organizations(CSOs) (contd)

    CSOs should be involved in execution of strategies

    through:-

    Joint monitoring

    Joint drafting of criteria for utilization of government

    funds

    Appointment of NGO liaison officers in central

    institutions

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving the effectiveness of Media

    Government to ensure payment to journalistsunder 7th Wage Award and immediate constitutionof 8th Wage Award

    Separate labour courts or tribunals for dealing withemployment issues of media persons

    Independent Commission under thechairmanship of a retired judge with membership ofsenior journalists and civil society representatives forhearing complaints of journalists

    (Contd)

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    RECOMMENDATIONS (Contd)

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    RECOMMENDATIONS (Contd)

    For improving the effectiveness of Media (contd)

    Security measures to be taken including:-

    issuance of security guidelines, training for

    conflict reporting and provision of security cover

    (by government) basic security arrangements, arranging safety

    workshops, sensitizing journalists about hostile

    areas, provision of bullet proof jackets and war

    insurance (by employers)

    Executive order to be issued by President to stop

    physical intimidation and harassment of media

    persons by government authorities

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    Good governance is epitomized by predictable, open and

    enlightened policy making, a bureaucracy imbued with a

    professional ethos acting in furtherance of the public good,

    the rule of law, transparent processes, and a strong civil

    society participating in public affairs.

    (World Bank)

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    THANKYOU!