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State of our Union

Babar Sattar

The Punjab Assembly is up in arms against the reported instruction of President Zardari to close the Taunsa-Panjnad canal and divert more water to Sindh. Petty-minded representatives of Pakistan's most prosperous province are crying hoarse over "usurpation of Punjab's rights" and the imminent desertification of the land below Panjnad. The MQM and other nationalist parties in Sindh have exhibited the most blatant form of prejudice and taken effective steps to affirm that IDPs are not welcome in their province. Fires of hate that have engulfed Balochistan continue to fuel separatist sentiments, and while the rest of us understand that the situation is getting from bad to worse our national leadership cannot be bothered to move beyond platitudes. And with a full-scale war raging on in the tribal areas and parts of NWFP, we have not even begun to address the urgent need of integrating our wild west into Pakistan. We continue to hear about the need for establishing the 'writ of the state' across the country as opposed to the 'writ of law', promoting the sense that colonial times are still alive and the state has no qualms about treating citizens as subjects.

This being the present state of our union with all existing federating units perpetually squabbling, Mohammad Ali Durrani – Musharraf's (dis)Information Guru, who didn't articulate a single sensible thought during his time in office and caused lasting damage to the credibility of the Information Ministry – wants 12 more provinces in the country. There is nothing sacrosanct about the territorial boundaries of Punjab and if the size of Pakistan's most populous province is a cause of disaffection for other federating units, redrawing of provincial boundaries within Pakistan can most certainly be considered. But if the existing division of power between the centre and the provinces continues to provoke resentment within the federating units, how will creation of more federating units somehow resolve the issue? Let us assume that we do create 12 more provinces, which of the burning problems presently confronting Pakistan will dissipate overnight? 

There are two dimensions of the provincial autonomy debate that need focus. One is the vertical relationship between the centre and the provinces. And the other is the horizontal relationship amongst the provinces themselves. True, there is a perception shared by minority provinces that due its domineering size and influence Punjab controls the centre and thus the vertical and horizontal imbalances amount to the same thing: a Punjab-dominated state. This might not be the whole truth but is a very damaging perception nevertheless. The ordinary Joe in Punjab is neither giddy with a sense of empowerment nor living under the illusion of being ruled by a benevolent state. But in statecraft and politics, perceptions often matter more than the reality. While there is a need for Punjab to take affirmative steps to allay the suspicions of Pakistan's other federating units, we must all indulge in a dispassionate analysis of factors that promote a sense of disempowerment and deprivation amongst provinces. 

First, the institutions designated by the Constitution to promote harmony between the provinces have been rendered dysfunctional and the rights of provinces as enshrined in the Constitutions continue to be frustrated. The Council of Common Interest, the National Economic Council and the National Finance Commission were meant to be means of cohesion for the federation. The Council of Common Interest is often not convened for longish periods: lack of approval of the Steel Mill sale by the CCI was a paramount reason why the Supreme Court disallowed that transaction. The National Economic Council, mandated to review and advise on the overall economic situation of the country, is completely dominated by federal cabinet members even though such an apex advisory forum must have greater representation from the provinces. And the composition and mind-set of the National Finance Commission inspires no confidence either. Apart from dysfunctional institutions that are meant to promote provincial harmony, even the rights of the provinces that are enshrined in the Constitution are neither respected by the centre nor effectively enforced by the affected provinces. 

For example, Article 58 of the Constitutions holds that "the Province in which a well-head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the requirements from the well-head". To the extent that the federal government is breaching such obligation, the Balochistan government should take it to court. Likewise, there is much talk about the need to abolish the concurrent legislative list. But how often have provincial assemblies attempted to legislate on subject matters included in the concurrent list even when there is no federal legislation on the issue? Why did the provinces, for example, allow the centre to promulgate a federal Police Order when it is settled that law and order is a provincial subject. There is nothing to gainsay that provisions of the Constitution can be tweaked to promote provincial autonomy. But what is stopping provinces from asserting the rights that are already theirs? If provinces are serious about exerting rights, they will need to move beyond rhetoric, wake up to their rights and take on the responsibility that comes along with rights.

Second, the sense of deprivation among provinces is predominantly due to economic disparities. The National Finance Commission continues to issue awards without consensus, as the population-led formula for division of resources favours Punjab to the detriment of Balochistan, NWFP and Sindh that logically prefer inclusion of other factors in the mix such as poverty, underdevelopment, cost of providing services, and revenue-contribution of the respective province etc. President Zardari has announced that the NFC will be convened shortly. A consensual NFC award that is based on a formula comprising multiple criteria that address the concerns and needs of smaller provinces is the single most effective means of beginning to address the sense of deprivation that is eating up our federation. Simply put the most poverty-ridden parts of Pakistan must be given more money. Self-serving tribal chiefs or feudal lords might be devouring funds meant to benefit masses in underdeveloped areas. But that cannot be used as an excuse to skirt equitable (and not necessarily equal) distribution of resources between provinces. And in this regard Punjab must exhibit generosity of spirit and a vision beyond parochial interests. A principled position of the PML-N leadership highlighting the need to move beyond the population-centric formula will set the right tone for NFC discussions.

Third, our civil-military imbalance continues to aggravate our centre-province divide. Given the flighty allegation that Pakistan Army is a Punjabi-army, Punjab ends up bearing the brunt of military misadventures. Long periods of military rule, military's strangle-hold over defence policy-making that includes internal security operations, together with the perception amongst minority provinces that no sensible distinctions can be drawn between the Army and Punjab breed suspicions against Punjab. For example, Balochistan continues to seethe over incessant military operations in the province, with excessive damage done recently under Musharraf's regime. In a country where Punjab contributes more than half of the population, where the military service is voluntary, and where quotas are inherently unconstitutional, trying to change the ethnic composition of the Army is neither wise nor possible. To stem the rot, we must start moving toward effective civilian control of the military and discontinue misconceived military operations that irk smaller provinces by giving them the haunting feeling of being enslaved by an overbearing centre or Punjab.

And finally, we urgently need our national elites – political, bureaucratic, military, professional and religious – to undergo a mindset transformation. The real division in Pakistan continues to be that between the haves and the have-nots. The ordinary citizen feels deprived, disenfranchised and disempowered across Pakistan. On the national scale, our leaders pin the blame on the US, the West, India, Israel and other conspirators. Within the domestic theatre, our leaders find other devils such as a dominating province or lack of religion to explain the genesis of our misfortunes. But all this time, irrespective of who gets into power – be it the military or a political party of any ethnic or ideological preference – our state structure continues to nurture a corpulent and indolent elite at the expense of an impoverished society. Be it federal government, provincial government or local government, the resources of the state continue to be treated as means of patronage by whoever can wrest control over them, and not as a sacred trust to be distributed in accordance with an equitable and efficient system of governance that promotes equality amongst citizens. 

This state of affairs is not sustainable anymore. The society already stands skinned. It is time for the elites to dissolve some of their fat. The politics of hate and prejudice is always tempting for pygmies masquerading as leaders. But after sixty-two years of existence as a country, we need leaders who strive to ensure that provincial identities are subsumed by our collective national identity and who bring us together as a nation rather than divide us further in the name of language, ethnicity and religion.
The writer is a lawyer based Legal eye  in Islamabad:Email: sattar@post.harvard.edu