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1

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 weightof 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 politicsthe decline of inter-

provincial harmonyhas 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 centers 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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Jami ChandioReagan-Fascell Democracy Fellow

International Forum for Democratic Studies

National Endowment for DemocracyWashington, D.C.April 30, 2009

The views expressed in this presentation represent the analysis and opinions ofthe speaker and do not necessarily reflect those of the National Endowment for

Democracy or its staff.

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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

SINDH

Pop: 49.98 mil

Languages: Sindhi,

Urdu-speaking

Ethnicities: Sindhi,

Urdu-speaking

FederallyAdministered

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

PUNJAB

Pop: 81.85 mil

Languages: Punjabi,

Siraiki

Ethnicities: Punjabi, Siraiki

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Courtesy: Friedrich Naumann Siftung and Liberal Forum of Pakistan6

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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 supportagainst the 1935 Act, which preserved the united state of

India.

The 1940 Lahore Resolution offered the status ofautonomous and sovereign states within the new formula.

After the1940 Resolution, NE and NW Muslim-majority

provinces agreed to join the new state of Pakistan.8

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1947: Independence Act and over-centralization of

state authorities through Provisional Constitution

Order

1949: Adoption of 1935 Act as an interimconstitution 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 solenational language (which only 5.8% population of

West Pakistan spoke)

1955: Consolidation of west Pakistani provincesinto the ill-famed One Unit scheme 9

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Based on 1935 India Act

Over-centralized, unitary form of government

1947Independence

Act

Islamic Republic of Pakistan declared Unicameral legislature within a parliamentary

democracy

1956Constitution

Unicameral legislature in a presidential system

President appoints major executive positions withoutany parliamentary oversight

1962Constitution

Bicameral legislature in a parliamentary system

Weak upper chamber formed; strong center remains

1973Constitution

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Over-centralization of the stateauthorities/structures

Concurrent lists favor federal authority against provinces

Domination of one province (Punjab) in all state

institutions: parliament, armed forces, civilbureaucracy, and federal agencies andcorporations.

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 11

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ProvincePopulation-

based

HumanDevelopmentIndicators

RevenueCollection

InversePopulation

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.12

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ProvinceGas

Production(%)

OilProduction

(%)

Sindh 71 56

Punjab 5 25

NWFP 2 18

Baluchistan 22 0.1

Provincial Oil and Gas Production in Pakistan 20072008

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

Government of Pakistan.

Each province receives

12.5% of the totalrevenueit contributes to the

national pool fromresource exploitation.

The federal center keeps

the other88.5% of the

royalty.

Oil- and gas-producing

provinces remain

chronically

underdeveloped and do13

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QuotaEstablished in 1973

Army(2009)

CivilServants

(1993)

AutonomousBodies 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.

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1973 1983 1986

Punjabi 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 TribalAreas (FATA)

2.6% 3.6% 1.4%

Azad Jammu and

Kashmir1.8% 1.9% 1.7%

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

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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 and16

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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 onthe 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. 18

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A structurally imbalanced federation has emergedsince the separation of East Pakistan.

Senate must be empowered as a true territorialchamber 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, defenseand monetary bills as well as to approve treaties with foreignstates.

All federal appointments must be confirmed by Senatecommittees.

Non-Muslim Pakistanis should be given representation in theSenate.

A renewed Council of Common Interests should begenuinely representative, meet regularly, and function 19

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Provinces should enjoy full provincial autonomy in accordance with 1940resolution

All indigenous languagesPunjabi, Sindhi, Pushto, Balochi, Siraiki,

Hindko and othersshould 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.20

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National Finance Commission awards should not bedistributed 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

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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.

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True federalism offers the most democratic systemto govern Pakistans diverse array of nationalitiesand 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 allnationalities and communities

Providing equitable social justice to underdevelopedand marginalized regions, nationalities, andcommunities

Improve governance in regions threatened by theadvance of the Taliban

Maintaining the integrity of the federation based one ualit and ustice 23

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Thank You

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

jchandio@cpcs.org.pk

www.cpcs.org.pk

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