Prominent Sindhi civil society leader of Pakistan and writer Naseer Memon's comments on the draft of Sindh Local Government Amendments (SLGAs):
Chapter-III, Article 19: Composition of Councils
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| Naseer Memon |
This article has addressed anomalies of the previously promulgated SLGAs of 2001 and 2012 by restoring district level Councils in Karachi. Providing representation to Union Committees through directly elected Chairmen and Vice Chairmen would inculcate a sense of greater participation to all residents of Karachi irrespective of their identity and political affiliation.
Peoples’ Party carries a cherished history of bestowing political empowerment to women through pro-women legislation and administrative measures. However the draft law has curtailed the share of women on reserved seats to less than 10% in Union Committees and Union Council and 22% in other Councils. Both KP and Punjab government have allocated 2 reserved seats (i.e. 20%) for women in lowest level Councils. Women are almost half of the population and their share should be at least 33% in all Councils. In KP, the law under preparation has also made a provision for one seat of youth. Such addition will provide an avenue for youth participation in democratic process at grassroots level.
Save Union Committees and Union Councils, representation of women, non-Muslims, lobourer/peasants in District Municipal Corporations, Metropolitan Corporation, District Council, Municipal Corporations, Municipal Committees, Town Committees, Municipal Committees and Town Committees has been provided through indirect elections. It is a proven fact that indirect elections are often marred by nepotism and favoritism which renders representation of these segments of society practically ineffective. Elections on all reserved seats should be proposed through direct elections to strengthen democratic process at grassroots level.
Save Union Committees and Union Councils, election of Mayor/Deputy Mayor and Chairperson/Vice Chairperson in District Municipal Corporations, Metropolitan Corporation, District Council, Municipal Corporations, Municipal Committees, Town Committees, Municipal Committees and Town Committees has been provided through indirect elections. It is a proven fact that indirect elections for these offices are often marred by maneuvering and manipulation. Elections for these offices should be proposed through direct elections to strengthen democratic process at grassroots level.
Chapter-III, Article 21: Term of the Council
The term for the office of the Council has been fixed at four years. The Article however is silent about the time span for next elections after the completion of the term of a Council. Government of Punjab is currently considering 45 days to make a provision for conducting next elections. Such a provision would secure the continuity of the Local Government System. Government of Sindh may also stipulate appropriate time frame for the same purpose.
Chapter-IV, Article 26: Removal from Membership
The article delineates the reasons for removal of a Member. However it does not explain the process of the removal.
Chapter-IV, Article 32: Honorarium and Privileges
The Article makes provision of honoraria and privileges only for Mayor/Deputy Mayor and Chairperson/Vice Chairperson. Punjab Government is considering honorarium for all members of all Councils. In case GoS finds it difficult for pecuniary confines, at least women members should be considered for honorarium to provide an incentive and facilitate participation of women.
Chapter-IV, Article 36 (b): Qualifications for Candidate as Members
The Article requires at least 21 years for a candidate to contest elections. To encourage young leaders, it would be pertinent if the age limit for candidature may be lowered to 18 years. Government of Punjab is also considering this age limit for candidates. Since these are grassroots governments and will not be engaged in legislation and policy making, a person with 18 years age can be an effective representative of communities.
Chapter-IV, Article 36 (d): Qualifications for Candidate as Members
The Article debars a person from candidature if s/he has ever opposed the ideology of Pakistan. This clause reminds the arbitrary use of Article 63 of the Constitution during the general elections of 2013. A vaguely defined term “Ideology of Pakistan” can be malaciously used as a noose against political opponents. This provision may be deleted.
Chapter-XII, Article 120 (3): Functions of the Provincial Finance Commission
The principles of finance award include population, backwardness, need and performance of a Council. It is recommended that backwardness should be given at least 50 percent weightage to cater to the areas at the lower rung of development ladder. Human Development Index can be used to rank backwardness of all areas in the province.
A well defined criterion for “performance of a Council” should be stipulated to eliminate any potential subjectivity and misinterpretation.
Chapter-XIV, Article 131: Appointment of Employees for Councils
The idea of an exclusive service cadre “Sindh Council Unified Grades” is appreciable. Proposing a separate “Unified Municipal Service” for Karachi through a Service Board however creates duality in the system. The proposed separate structure for Karachi would also raise a question if candidates only possessing Karachi domicile will be eligible for “Unified Municipal Service”. It is recommended that a single “Sindh Unified Municipal Service” may be provided for all districts of Sindh.
Chapter-XVI, Article 160: Right to Information
This provision is highly appreciated. It should be implemented in letter and spirit.
Miscellaneous
Since it is a legal document, it should use appropriate parlance to ensure equal treatment for all citizens. It is recommended that a gender balanced language should be used by inserting phrases of she, her, herself, along with he, him, himself etc. Similarly the term “Chairman/Vice Chairman” should be replaced with “Chairperson/Vice Chairperson” to be gender inclusive in an official document.
The new Local Government law should make a provision for grievance redressal /complaint management mechanism enabling citizens to hold their elected Councils accountable to them, and to check discriminatory practices such as sidelining, threatening or other excesses against women members and other council members or citizens who do not belong to the local power structures. District Ombudspersons can be an option with appropriate powers to make local Govt. departments accountable and efficient. Right of Appeal may also be given to aggrieved parties through Local Government Commission.
(Courtesy: Facebook notes of Naseer memon: https://www.facebook.com/notes/naseer-memon/comments-on-the-draft-sindh-local-government-act-slga-2013-by-naseer-memon/590783507640456)
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