Protecting the eighteenth

By Malaika Raza
February 06, 2019

For some time now, the conversation surrounding the eradication of the 18th Amendment has taken a turn for the worse in political and media fraternities.

The new government seems to be in the mood to repeal the amendment, which was enacted by the PPP government on April 19, 2010. However, it is not very apparent what the reason behind this systematic campaign is, which is being sustained by the government and its ministers even though the 18th Amendment had been endorsed unanimously by all political parties and passed without any controversy.

The PM and his cabinet, which comprises 65 percent of those who were part of other political parties previously and who had a say when the amendment was passed by parliament, do not seem to realise how integral this amendment is and what its real impact is on Pakistan’s already fragile democratic system. So what has changed now? Is policy dictation from a strong center in a unitary system the unachievable dream of the PTI government? Is that why some party members are so vocal about it even while being seemingly unaware of the amendment and what it entails?

It is imperative that all genuine political parties show a united front to ensure that the 18th Amendment is not repealed. This is primarily because the amendment has helped retain democracy in the country to some extent. The biggest and most powerful endowment of the 18th Amendment was the reorganisation of the National Finance Commission awards, which ensured provinces ownership over their own resources while also ensuring provincial autonomy. They can no longer be exploited by the centre, their 57 percent share of fiscal resources is safe and guaranteed to them.

The debacle of 1971 was a result of perceived exploitation by the centre, resulting in friction over resources. It should act as a reminder to all of us that power should not be concentrated in one place. Less populous provinces like Balochistan, Sindh and Khyber Pakhtunkhwa, which already have reservations over Punjab having monopoly over resource management, believe that the constitutional provisions provided by the amendment are the only way they can get their rights.

Apart from threats to stop the flow of funds towards Sindh, there have also been steps to set up parallel committees to distribute endowments/funds as well as attempts to take over hospitals being successfully run by the provincial government. Such a dictatorial approach has no place in a democracy. Any restructuring of the fiscal resources share via NFC in the 18th Amendment should therefore be avoided at all costs and must not be tampered with. The stance and statements of some federal ministers show their unawareness of the issue at hand, while also highlighting a rather sustained campaign.

Federalism has certain benefits, which are inexorably conducive to increasing the efficiency of the government, particularly its administrative ability. Provincial autonomy ensures that the provinces are primarily responsible for solving any issues pertaining to their own area.

This is important because, first, provinces are more attuned to their local issues than the federal government and are able to reach a resolution more efficiently. And, second, this allows the central government to shift its focus to other primary issues of national import, primarily the ever-increasing circular debt, balance of trade deficit, foreign affairs and national security – the state clearly stumbling at these currently. The rise of a youth movement in Khyber Pakhtunkhwa and the ongoing unrest in Balochistan should already ring alarm bells for the federal government, which however seems to be in the mood of opening a new front with Sindh by refusing to give the province its NFC share.

The PTI government has been vocal about rescinding the 18th Amendment or modifying it without any constructive engagement with the provinces. This would cause an uproar, particularly amongst secessionists, who were initially allayed due to the 18th Amendment which has not only empowered the provinces but has also transferred power back to the prime minister. The amendment is denounced primarily due to lags in the implementation and ratification process and its failure to ensure complete decentralisation of administrative and provincial power. But do note that it pioneered a move towards the right direction.

So an important question then arises: is all this just a manifestation of insecurity over one province – Sindh – that is in complete control of its ministries and has been one step ahead of the federal government as far as landmark legislation is concerned?

The suffocation-inducing attitude of the state towards provincial autonomy is terrifying. Our turmoil-ridden history has proved that a centralised system of governance is not the optimum option for Pakistan. The 18th Amendment is necessary because it manifests the true essence of the constitution as it has finally put an end to one province dominating all aspects of governance.

Alienating provinces at such a critical juncture should be a no-go area. The PTI government should not try to damage the structure of the country’s constitution now, a country that has been plagued by authoritarianism time and again and is already suffering due to the incompetence of government institutions.

The writer is a human rights defender and political activist.

Twitter: @MalaikaSRaza