Upload
muhammad-afzal
View
221
Download
0
Embed Size (px)
Citation preview
7/29/2019 29.12.09 GRP Presentation
1/91
1
7/29/2019 29.12.09 GRP Presentation
2/91
GOVERNANCE ISSUES IN PAKISTANA CRITICAL APPRAISAL
2
Presenter: Engr. Aamir HasanChief InstructorDate: 22 January, 2011
7/29/2019 29.12.09 GRP Presentation
3/91
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
3
7/29/2019 29.12.09 GRP Presentation
4/91
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?
4
7/29/2019 29.12.09 GRP Presentation
5/91
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)
5
7/29/2019 29.12.09 GRP Presentation
6/91
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
6
7/29/2019 29.12.09 GRP Presentation
7/91
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 )
7
7/29/2019 29.12.09 GRP Presentation
8/91
KEY COMPONENTS OF GOOD
GOVERNANCE
Accountability
Transparency
Predictability
Participation
8
7/29/2019 29.12.09 GRP Presentation
9/91
MAJOR CHARACTERISTICS OF GOOD
GOVERNANCE
(Source: Pani, opcit, Pg14-16)
9
7/29/2019 29.12.09 GRP Presentation
10/91
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
10
7/29/2019 29.12.09 GRP Presentation
11/91
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
7/29/2019 29.12.09 GRP Presentation
12/91
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
12
7/29/2019 29.12.09 GRP Presentation
13/91
POLITICAL DIMENSIONS OF
GOVERNANCE IN PAKISTAN
13
7/29/2019 29.12.09 GRP Presentation
14/91
Basic Concepts Of Political Governance
14
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)
7/29/2019 29.12.09 GRP Presentation
15/91
Basic Concepts Of Political Good Governance
15
7/29/2019 29.12.09 GRP Presentation
16/91
Crisis Of Political Governance In Pakistan
16
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
7/29/2019 29.12.09 GRP Presentation
17/91
Main Problems Of Political Governance System In
Pakistan
17
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)
7/29/2019 29.12.09 GRP Presentation
18/91
Main Problems Of Political Governance System In
Pakistan
18
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)
7/29/2019 29.12.09 GRP Presentation
19/91
Main Problems Of Political Governance System In
Pakistan
19
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
7/29/2019 29.12.09 GRP Presentation
20/91
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
7/29/2019 29.12.09 GRP Presentation
21/91
JUDICIAL GOVERNANCE
21
7/29/2019 29.12.09 GRP Presentation
22/91
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)
22
7/29/2019 29.12.09 GRP Presentation
23/91
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
23
7/29/2019 29.12.09 GRP Presentation
24/91
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
24
7/29/2019 29.12.09 GRP Presentation
25/91
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)
25
7/29/2019 29.12.09 GRP Presentation
26/91
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)
26
7/29/2019 29.12.09 GRP Presentation
27/91
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
27
7/29/2019 29.12.09 GRP Presentation
28/91
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
28
7/29/2019 29.12.09 GRP Presentation
29/91
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
29
7/29/2019 29.12.09 GRP Presentation
30/91
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
30
7/29/2019 29.12.09 GRP Presentation
31/91
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
31
7/29/2019 29.12.09 GRP Presentation
32/91
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
32
7/29/2019 29.12.09 GRP Presentation
33/91
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
33
7/29/2019 29.12.09 GRP Presentation
34/91
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
34
7/29/2019 29.12.09 GRP Presentation
35/91
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.
35
7/29/2019 29.12.09 GRP Presentation
36/91
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.
36
7/29/2019 29.12.09 GRP Presentation
37/91
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.?
37
7/29/2019 29.12.09 GRP Presentation
38/91
ROLE OF NGOs and CSOs
38
7/29/2019 29.12.09 GRP Presentation
39/91
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)
39
7/29/2019 29.12.09 GRP Presentation
40/91
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)
40
7/29/2019 29.12.09 GRP Presentation
41/91
7/29/2019 29.12.09 GRP Presentation
42/91
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
42
7/29/2019 29.12.09 GRP Presentation
43/91
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
43
7/29/2019 29.12.09 GRP Presentation
44/91
ADMINISTRATIVE GOVERNANCE
44
7/29/2019 29.12.09 GRP Presentation
45/91
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
45
Contd
7/29/2019 29.12.09 GRP Presentation
46/91
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.)
46
7/29/2019 29.12.09 GRP Presentation
47/91
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
47
7/29/2019 29.12.09 GRP Presentation
48/91
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
7/29/2019 29.12.09 GRP Presentation
49/91
EFFECTIVENESS (contd.)
Role of Media
Media playing important role
To be discussed later
49
7/29/2019 29.12.09 GRP Presentation
50/91
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
50
7/29/2019 29.12.09 GRP Presentation
51/91
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
51
7/29/2019 29.12.09 GRP Presentation
52/91
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
52
STATISTICAL POSITION OF CASES RECEIVED/
7/29/2019 29.12.09 GRP Presentation
53/91
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
7/29/2019 29.12.09 GRP Presentation
54/91
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
54
Table -5 Trends in the
7/29/2019 29.12.09 GRP Presentation
55/91
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
55
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
7/29/2019 29.12.09 GRP Presentation
56/91
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
56
7/29/2019 29.12.09 GRP Presentation
57/91
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
57
7/29/2019 29.12.09 GRP Presentation
58/91
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
58
7/29/2019 29.12.09 GRP Presentation
59/91
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
59
EFFICIENCY EFFECTIVENESS OF
7/29/2019 29.12.09 GRP Presentation
60/91
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
60
7/29/2019 29.12.09 GRP Presentation
61/91
ROLE OF MEDIA
61
7/29/2019 29.12.09 GRP Presentation
62/91
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
62
7/29/2019 29.12.09 GRP Presentation
63/91
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 )
7/29/2019 29.12.09 GRP Presentation
64/91
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 )
7/29/2019 29.12.09 GRP Presentation
65/91
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)
65
7/29/2019 29.12.09 GRP Presentation
66/91
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)
66
ROLE OF MEDIA IN PAKISTAN
7/29/2019 29.12.09 GRP Presentation
67/91
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)
67
ROLE OF MEDIA IN PAKISTAN
7/29/2019 29.12.09 GRP Presentation
68/91
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
7/29/2019 29.12.09 GRP Presentation
69/91
CONCLUSION
7/29/2019 29.12.09 GRP Presentation
70/91
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)
70
CONCLUSIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
71/91
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)
71
CONCLUSIONS (C td)
7/29/2019 29.12.09 GRP Presentation
72/91
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)
72
CONCLUSIONS (C td)
7/29/2019 29.12.09 GRP Presentation
73/91
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)
73
CONCLUSIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
74/91
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)
74
CONCLUSIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
75/91
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)
75
CONCLUSIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
76/91
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)
7/29/2019 29.12.09 GRP Presentation
77/91
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
77
RECOMMENDATIONS
7/29/2019 29.12.09 GRP Presentation
78/91
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)
78
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
79/91
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)
79
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
80/91
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)
80
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
81/91
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)
81
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
82/91
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)
82
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
83/91
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)
83
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
84/91
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)
84
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
85/91
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)
85
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
86/91
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)
86
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
87/91
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)
87
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
88/91
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)
88
RECOMMENDATIONS (Contd)
7/29/2019 29.12.09 GRP Presentation
89/91
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
89
7/29/2019 29.12.09 GRP Presentation
90/91
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)
90
7/29/2019 29.12.09 GRP Presentation
91/91
THANKYOU!