Pak Tacr

Technical Assistance Consultants Report
Project Number: 33080 November 2005
Islamic Republic of Pakistan: Institutional Strengthening for Government-NGO Cooperation

(Financed by the Asian Development Bank)
Prepared by: Semiotics Consultant Islamabad, Pakistan For: National Council for Social Welfare Ministry of Social Welfare and Special Education
This consultants report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents.
INSTITUTIONAL STRENGTHENING OF GOVERNMENTNGO COOPERATION

(ADB-TA 3618-PAK)
PROJECT REPORT
November 2005
Submitted to THE COUNTRY DIRECTOR ASIAN DEVELOPMENT BANK PAKISTAN RESIDENT MISSION ISLAMABAD
GoNGO Project Report

WORKING MODELS OF NGO-GOVERNMENT COOPERATION
CONTENTS
Preface ...................................................................................................................2 1.0 Summary .................................................................................................................3 1.1 Introduction..............................................................................................3 1.2 Lessons ...................................................................................................4 1.3 Key Action Points.....................................................................................5 Introduction..............................................................................................................7 2.1 Context ....................................................................................................7 2.2 Methodology ............................................................................................7 2.3 Historical & Political Context Of GoNGO In Pakistan ...............................8 2.4 GoNGO For Leveraging Social Development ........................................14 2.5 Sustainable Development & GoNGO Engagement................................15 GoNGO In Post-Devolution Pakistan.....................................................................17 3.1 Post-Devolution GoNGO Opportunities .................................................17 3.2 Traditional GoNGO Models & Post-Devolution Spaces .......................19 3.3 GoNGO Stakeholders And Alliances .....................................................20 3.4 Present State Of Play In The Statutory Spaces ...................................23 3.5 The 7-Cs As A Practical Framework For GoNGO Partnerships .............24 GoNGO Pilots Results & Lessons ......................................................................29 4.1 Social Capital As Key To GoNGO..........................................................29 4.2 GoNGO Pilots ........................................................................................30 Pilot 1 Mainstream Media Campaign ..................................................30 Pilot 2 Training Modules at Provincial Institutes ..................................32 Pilot 5 Citizens Facilitation Centre......................................................36 Pilot 6 Good Governance Network......................................................37 Pilot 7 Municipal Service Delivery Scorecard......................................38 Pilot 8 CCBs Through Academia ........................................................39 Pilot 9 Insaf/Musalihat Committees.....................................................40 4.3 Lessons, Key Variables Success and Relevant Constraints ..................41 4.4 Practical Implications of GoNGO Partnerships ......................................44 Recommendations.................................................................................................49 5.1 National Apex Body for GoNGO ............................................................49 5.2 A Case for Sustained Institutional Support.............................................49 5.3 Gearing Up for Change..........................................................................50 Appendices............................................................................................................54 Endnotes ..........................................................................................................228
2.0
3.0
4.0
5.0
INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION
ADB TA 3618 PAK

Background to TA 3618-PAK
PREFACE
ADB TA 3618-PAK The oft-lamented gulf between the government and the non-governmental sectors lies at the root of many of the fault-lines that characterize Pakistans development scenario. Put simplistically, if the State and its Civil Society counterparts can begin to appreciate each others role in national development and develop a healthier respect for each others indispensability, the people as a whole would end up being better governed, better provided for and more amenable to positive change. Perhaps. If one chooses to ignore the myriad influences that have moulded Pakistans governance paradigm over the years. In an environment where civil society organizations (CSOs) label government as corrupt, coercive and lacking vision and the State accuses NGOs as being opaque, disreputable and agenda-driven, both sides have reason to be apprehensive of each other. The chasm of mutual indifference remains un-bridged since 1994, when the governments last significant attempt at rallying civil society support for updated legislation governing the non-governmental sector (NGOs) ended in disappointment. As NGOs fear the governments efforts to instil accountability in their sector, Government resents their secret agendas. Is there a way out of this impasse? Can there be a modus vivendi that helps lead towards synergies for sustainable development? Is there hope for this now, within the scope of LGO, 2001? Does current legislation provide the requisite spaces for NGOs to meaningfully interact with Government? The TA team feels all this is possible. A well thought-through process of dialogue can end the stalemate and develop greater understanding between Government and NGOs as to their distinct roles and responsibilities . A set of guiding principles, agreed to by stakeholders can help evolve synergies towards a shared sustainable development vision and clearly defined goals. Now may indeed be an opportune time, as the government shows a greater willingness to recognize the role of citizen organizations not simply as welfare vehicles, but as a stakeholder in national development, even the conscience of society. The Local Government Ordinance(s), 2001 (LGO 2001), and the Police Order, 2002, combined with Judgements of the Superior Judiciary and executive orders in their support, all point to a significant beginning for Government-NGO cooperation (GoNGO). If nurtured through a strategic process of well-targeted public awareness, institution development, capacity-building and knowledge exchange, GoNGO could well usher in the next era for Pakistans development.
ADB TA 3618 PAK

Outcomes of the TA
SUMMARY
1.1 Introduction
With relatively limited examples of constructive interface between Government and grassroots NGOs1 in Pakistan, this Technical Assistance TA-3618-PAK (TA) from the Asian Development Bank (ADB) envisaged developing a road-map for both to engage meaningfully. The TA terms of reference (TORs) required the TA team to document a select number of pilot projects with a view to demonstrating factors that allow State-Citizen partnerships to be effective and sustainable. The TA sought to check the assumption that providing an enabling framework for mutual exchange backstopped by an appropriate institution, can promote beneficial relationships between Government and grassroots NGOs in the socio-political milieu of Devolution. The TAs outcomes flow through nine working models of government-NGO cooperation (GoNGO) rooted within the post-Devolution statutory spaces addressing six thematic areas at every tier of government. Chosen by ADB and validated by a national cross-sectoral Joint Working Group2 (JWG) the pilots have informed views from over 200 diverse stakeholders representing state institutions, public office-holders and citizen-sector opinion leaders including business, academia and the media. The TA finds that seven core principles (7-Cs) ensure the success of GoNGO partnerships, which in turn require attention across four intervention categories. Learning from consultations in every provincial capital and all pilot project locations informed the GoNGO engagement principles (Appendix-5), which the TA team hopes will lay the basis for an institutionalized State-Citizen dialogue that leads to a constructive and mutually beneficial relationship and greater synergies for sustainable grassroots development. In addition, The TAs overview of ongoing programmes, such as ADBs own Decentralization Support Programme, multilateral and citizen-sector initiatives with similar goals through linkages with the National Council of Social Welfare (NCSW) aims to provide NCSW an opportunity to renew its vision and redefine its mandate. Even though it is clearly understood that the NGO context in Pakistan encompasses a much wider ambit, this TA required a particular focus on the interface between the National Council of Social Welfare and local voluntary social welfare agencies (VSWAs)3 typically providing services at the community level, and how this interface can better impact development in the present postDevolution environment. Hence it was considered appropriate to bypass civil society organizations such as the rural support programmes4 (RSPs), religious charities or faith-based welfare agencies, or membership-based societies or cooperatives, which cannot be classified as WSVAs or fall under the ambit of the National Council of Social Welfare. Historically, the States relationship with non-state entities in the subcontinent has been one of patronage and oversight5. NGOs acting as citizen representatives and advocates of civil issues are a relatively recent phenomenon. It is perhaps for this reason that laws for governing the conduct and operations of NGOS in Pakistan are typically designed to monitor organizations providing welfare or social services mostly from a philanthropic perspective. A less charitable perspective holds the legal and regulatory environment responsible for the relatively fraught relationship between Government and civil society organizations6. As such current laws are generally considered insufficient to cope with the expanded definition of the NGOs as stakeholders in good governance. The present TA sought to go beyond the general perceptions and test the assumption that a constructive GoNGO interface is possible within the newly emerging context of Devolution. The TA team chose to eschew lengthy historical analysis and ground its finding in real-life pilot projects where its partnership framework could be tested. As such a shortlist of potential pilot projects was
1.0
ADB TA 3618 PAK

developed during the TA inception phase from which ADB chose nine. Care was taken to ensure that these pilots covered all tiers of governance, each of the six thematic areas relevant to rightsbased governance issues and a representative mix of stakeholders who form the GoNGO milieu. The table below gives a summary of the nine pilot projects undertaken by the TA. A notable limitation of these projects was the 6/8 week timeframe allowed, the limited budget, and the restricted leeway available because the pilots had to remain within the spaces created by devolution.
FIGURE 1.1 SUMMARY OF PILOT PROJECTS Govt. Tier 1 2 3 4 5 6 7 8 9 National Provincial District District District Tehsil Tehsil Union Union Pilot Project Mainstream Media Campaign Training Module for Decision-makers Womens Legal Empowerment Centre Citizen-Police Liaison Committee Citizens Resource Centre Good Governance Network Municipal Service Delivery Score-card Mobilization of Citizen Community Boards Formation of Insaf/Musalihat Committees Location Islamabad Karachi Sialkot Lahore Khairpur Turbat Charsadda Peshawar Quetta Thematic Area Humane Governance Capacity Building Gender & Rights Public Safety Humane Governance Fair Resourcing Service Delivery Service Delivery Public Safety
In light of its experience in the field, and learnings obtained from the pilots, this TA can confirm that: A. The post-Devolution era promises relatively greater opportunity for constructive GoNGO partnerships by virtue of the statutory spaces7 created by Local Government Ordinances of 2001 (LGO, 2001) for direct citizen participation at various tiers of governance. B. GoNGO relationships are relevant at all tiers of government and their impact can be created in six thematic areas8, strengthening GoNGO partnerships in which would lead to improvement in the quality of life of the average citizen. C. There are certain distinguishable characteristics of a good GoNGO partnership that can be translated into demonstrable performance variables9, and thence, guide the various stakeholders towards effective and sustainable joint initiatives that impact quality of life at the grassroots. D. The dynamic of GoNGO partnerships is determined by three primary stakeholders or protagonists namely, elected representatives, government officials and civil society10 opinion leaders. E. It is possible to create an enabling environment for sustainable GoNGO partnerships by investing in institutionalized interventions at four mutually integrated levels11.
1.2 Lessons
In this post-Devolution era: a. GoNGO cooperation is a viable option to consider only if the traditional client-patron relationship gives way to the values of partnership, thereby replacing the control and regulation element of the Government-NGO relationship dynamic to one of mutual accountability and transparency; As it stands implemented presently, The Devolution Plan has still to achieve its goal of direct citizen-sector participation through the various statutory spaces in a meaningful way, primarily because of a lack of role clarity, low political or administrative buy-in, and little citizen awareness; The most likely long-term impact of citizen participation in good governance initiatives lies in making citizen sector organizations more accountable but also more independent,
b.
c.
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by rationalizing laws and regulations, and promoting empowered dialogue and disclosure, so as to be able to attain the high level of citizen commitment envisaged in the Devolution Plan; d. The current emphasis on GoNGO partnerships that focus specifically on local-level service delivery does not automatically assure improved governance to achieve the vision of the Devolution Plan, unless these are coupled with partnerships that help institutionalize the stewardship of citizens rights, safety, fair-resourcing and capacity-building; In the current socio-political paradigm strengthening GoNGO is an imperative that requires suitable infrastructure and professionals capable of disseminating the vision of devolved good governance through working GoNGO partnerships, collection and analysis of experiential data for evidence-based policy planning, and providing a credible forum for GoNGO engagement especially for grassroots civil society organizations; Even as overall GoNGO engagement appears sporadic, evidence confirms that investments in social capital and democratic institution-building are able to overcome system constraints to forge viable GoNGO partnerships and thereby strengthen Devolution. In its present form and with its current human and budgetary resources NCSW requires restructuring to be able to aspire to the mandate of a national apex body for GoNGO engagement. This can only be achieved through concerted commitment from the government to a process of change and capacity-building.
e.
f.
g.
1.3 Key Action Points

The TA Team finds that actions to promote optimal GoNGO engagement and sustain devolved good governance as envisaged under the LGO 2001, fall in three key areas: a A conducive policy-regulatory environment, which under the present circumstances requires a policy shift from Government seeking to impose intrusive regulation, to NGOs offering accountable disclosure through self-regulation and third party verification. This implies the enactment of suitable legislation that grasps the ethos of GoNGO engagement as partnerships between the three key GoNGO protagonists and allows for the government to look upon NGOs as allies, while NGOs engage with Government without expectations of patronage or fear of coercion. An empowered dialogue between stakeholders, with the three GoNGO protagonists public representatives, government officials and civil society opinion leaders duly represented, to give direction to Government policy on optimising the role of NGOs, and to debate and prioritize issues that require joint State-Citizen intercession on an ongoing basis. This implies including NGOs and civil society opinion leaders along with legislators and civil servants in any forum that discusses GoNGO engagement or aims to realize such future prospects as may optimise GoNGO cooperation to the benefit of civil society at large. A sustainable institutional arrangement for operationalizing GoNGO engagement to the advantage of both, implying an independent national apex body charged with, and duly equipped and supported to fulfil a mandate that would include data collection, knowledge management, oversight, coordination and capacity-building of voluntary citizen-sector initiatives all over the country, with specific focus on local-level civil-society organizations who are not mature or sophisticated enough to benefit from the current funding opportunities. To enable NCSW to assume this role would require substantial effort.
Action: Legislation Review and National Validation leading to draft Law in parliament b
Action: Inclusive institutionalized national debate mechanism c
Action: Adequately resourced strategic re-structuring of NCSW
ADB TA 3618 PAK

GoNGO relationships as they are beyond known issues
INTRODUCTION
2.1 Context
2.0
This report concludes Asian Development Banks Technical Assistance # TA 3618-Pak to the National Council of Social Welfare (NCSW), Ministry of Social Welfare & Special Education, Government of Pakistan, on Institutional Strengthening of Government-NGO Cooperation (ADB TA 3618-Pak). It presents the TA teams findings and its considered recommendations for establishing the basis for mutually supportive Government-NGO cooperation (GoNGO) based on values of partnership. The TA proceeded through a process of archival review, interviews and field assessments of nine Government-NGO pilot projects conducted all over Pakistan between 15 November 2003 and 5 January 2004. This report presents the following outcomes summarized below from the Terms of Reference: 1. 2. 3. 4. 5. 6. Review GoNGO cooperation within State-Civil Society relationships towards a viable strategy for GoNGO engagement; Identify GoNGO opportunities in the context of Local Government Ordinance[s] and the new Police Order as framework for further activity; Evaluate institutional capacity of devolved institutions to engage with NGOs and devise a strategy for enhancing GoNGO capacity; Pilot test working models of GoNGO in the field with a focus on access to justice, development choices, accountability, capacity, rights and gender; Contribute TA learning to policy dialogue and future Good Governance strategies other than strengthening NCSWs regulatory role; Draft guidelines for GoNGO engagement in development projects to the scope and extent determined by the TAs Joint Working Group (JWG).
2.2
Methodology
The LGO 2001 has fundamentally changed the traditional GoNGO interface by creating statutory spaces for direct institutional interaction between the State- and Citizen sectors. Pakistans history does not reflect a synergistic and constructive engagement between Government and NGOs. This TA aims to help pave the way for a mutually beneficial engagement that directly impacts good governance at the level of the citizen. This TA started from the premise that state-citizen partnerships can not only be effective and sustainable but have the potential to ratchet up the democratic process and enhance elements of civic-ness12 in our society.
7-Cs of GoNGO
1. 2. 3. 4. 5. 6. 7. Communication Compatibility Credibility Championship Coordination Continuity Consequences
The TA team saw first-hand numerous examples of state-citizen collaboration, and has been able to field-test an enabling framework for mutual exchange, that identifies seven key factors the 7-Cs in which to invest. The TA team has also been able to evaluate four practical levels of intervention at which GoNGO partnerships can be implemented within the current socio-political milieu of Devolution. The TA teams approach consisted of first developing a framework, validated by a cross-sectoral national Joint Working Group (JWG), consisting of what are now termed the 7-Cs, and then pilot-testing it
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in nine working models of GoNGO spread over six thematic areas at each of the five tiers of government across the country. The pilots were designed to bring together diverse stakeholders representing state institutions, public office-holders and citizen sector opinion leaders including business, academia and the media, working within statutory spaces created as a result of the recent Local Government legislation. Within the limitations imposed by time and resources, the TA team has been able to ascertain the validity of its GoNGO framework and suggest a number of general terms of engagement that can find acceptance in Pakistans diverse cultural and political landscape. This report builds significantly on the inputs received from over 300 individuals during the TAs inception process, representing the entire gamut of stakeholder interests and institutions. It begins with the TAs background and methodology and builds the context that includes a perspective on ADBs Country Framework for Government-NGO Cooperation. It traces GoNGO relations in the national development context and its present state in post-Devolution Pakistan. The sections to follow carry the discussion on the GoNGO Paradigm within the Devolution Plan and the spaces for GoNGO cooperation, within the Local Government Ordinance(s), 2001 and the Police Order, 2002. It goes on to do a critical analysis of how these spaces are being utilized and how far they retain their original potential as bridges between State13 and Citizen. Emerging from this reality check, this report outlines a hypothesis for establishing, maintaining and sustaining GoNGO relationships, namely the 7-Cs, and their context. Findings from the working models as a result of field-testing this framework in each of the identified pilots appear in the section. Following an overview of the pilot testing process and general findings, each project is briefly analysed for its relevance to the GoNGO framework. Following the brief recounting of each project, the TA team reports on key lessons from the field and grapples with the question of whether the 7-Cs are a practical way to go. The very relevance of GoNGO cooperation is put to the test, admitting various views and perspectives towards a business case for GoNGO. The final part of this report looks beyond the ADB-TA, towards ways of mainstreaming GoNGO in tangible ways through tapping stakeholder synergies. Based on the argument that GoNGO relationships boost national development potential, the case for an institutional basis for GoNGO is examined. From this perspective emerge recommendations for a way forward, through the options of an attempt to articulate GoNGO terms of engagement, and their introduction through a national policy dialogue. The Appendix gives ancillary information in support of the outcomes from the TAs work over the past months.
2.3
Historical & Political Context of GoNGO in Pakistan
Before we proceed further, it is worthwhile to clearly state what we mean by the term civil society14. In Pakistans contemporary development discourse, academic discussions and journalistic writings, the term civil society is used as an umbrella term. These include formal institutions such as political parties, non-governmental organizations (NGOs), rural support programmes, trade unions, professional associations, philanthropic societies, academia, independent and quasi independent pressure groups, think tanks, and traditional informal formations such as faith-based organisations, religious groups, shrines, seminaries, neighbourhood associations, burial societies, jirgas and saving groups15. Notwithstanding a vibrant history of citizen action in the public sphere in this part of the world, the term civil society has been in vogue only for the past decade or so. It is yet to gain currency in popular parlance and has no equivalent in any of the countrys myriad vernacular languages. Civil society in Pakistan is characterised by hybrid forms, multiple inheritances and the unresolved struggle between the practices and values of pre-capitalist society and the new modes of social life on the one hand and between authoritarian legacies and democratic aspirations on the other. Its cultural manifestations appear as a hotchpotch of sometimes discordant voices, conflicting world
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views and opposite interests. While some time-tested social forums, such as council of elders (panchayat or jirga), neighbourhood associations and shrines continue to survive from previous phases of society, many new groups, especially those embracing the rural support program (RSP) model4 or those promoting rights-based agendas have become current, often created through external mentoring rather than natural evolution. Religious organizations over the past two decades have undergone a discernible shift from their customary welfare role funded through philanthropic largesse towards becoming direct action catalysts often motivated by radical political views. From the governments perspective, unreported funds may be a key factor in transforming their traditional dependence on the State into defiance for regulation and oversight16. This lack of mutual trust between religious organizations and the government is in many ways the exact opposite of what the RSPs17 have to offer as reliable and efficient citizen-sector counterparts for development programs. RSPs with their relatively sophisticated organization, professional staff and local-level implementation skills offer what government departments and donor programs seek. These two examples show how NGOs have evolved in recent years. We see traditional faith-based organizations moving away from their customary symbiotic relationship with Government, while independent corporate entities have developed close alliances with it. Views on the transformation of faith-based organizations among the various GoNGO stakeholders are uniformly critical, and express concern about the lack of transparency among them and a need to review their regulatory legislation, which places them outside the realm of this TA. Opinions on RSPs vary too, with one view seeing them as much needed catalysts, and the other viewing them as external agencies leveraging resources to manipulate local behaviour. In either case there is agreement that since RSPs typically act as support agencies for grassroots citizen groups, they are one step removed from the spaces created for direct citizen participation under LGO. In the opinion of the TA team, both religious and RSP-type organizations, regulated through the Societies Act and the Companies Ordinance respectively, fall in categories which are distinct from the grassroots welfare agencies under the purview of the Voluntary Social Welfare Agencies (Registration and Control) Act, 1961. Further, in the case of the RSPs, being corporate entities, regulatory legislation on them is a federal prerogative, while local-level GoNGO spaces, especially Citizen Community Boards (CCBs) allow for flexible local-level implementation. In either case, being outside the mandate of the National Council for Social Welfare (NCSW), these two important CSIs extend beyond hence the scope of this TA. Reverting to the dynamics of an evolving civil society caught between a dying social order and the birth pangs of a new one. In Pakistan, the term NGO, presents too broad a canvass for this project. The TA Team therefore uses the term, Citizen Sector Initiatives (CSIs) when describing nongovernmental, non-profit public benefit entities that comprise a voluntary and independent segment of society that desires recognition of fundamental rights or the delivery of fundamental services from the State7, interchangeably with the more conventional NGO, which has come to have negative or even pejorative connotations in certain stakeholder constituencies. Tradition of Patronage: Since pre-colonial times State-Civil Society relationships in Pakistan have traditionally followed the patronage model and civil society in the Hegelian18 sense has not emerged in Pakistan to the extent that it can command the respect of the State as an independent negotiator for citizen rights. The Sirkar19 still constitutes the dominant group in society, which has thus far invariably managed to secure the spontaneous consent20 of the typical CSI towards its own specific aims. The result is a status quo wherein the State allows CSIs some leeway in voicing their respective concerns in exchange for delivering locally needed social services, while NGOs resocialize to extract benefits from the system21. Another plausible reason for the status quo is that the State patronage system accounts for a mere 6%22 of the 16 billion rupees that CSI manage to mobilize every year through private philanthropy. Foreign funds too account for another 7%. It is not surprising then that CSIs that venture beyond mere service delivery, especially those of advocacy and human rights organizations that seek to alter
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the status quo, tend to be perceived as being on a confrontational course with the State23. This is perhaps why government opinion appears to favour welfare associations24 or volunteer service providers, over civil rights or solidarity groups, which are often labelled as anti-State or foreign agenda pushers25. In the Pakistani context, GoNGO relationships are still arguably in an early transitional state where civil society finds itself unable to marshal the economic, intellectual or moral26 clout to challenge feudal traditions. CSIs in Context The diagram below maps the TAs context of CSIs, typically public benefit organizations with local roots responding to local needs. It differentiates these CSIs from state sponsored or supported organizations like the Rural Support Programmes4 (RSPs) or mutual benefit organizations like cooperatives, as well as targeted projects supported by foreign donors or bilateral agencies. It is important for the TA to make this distinction because it is the local CSI that assumes a unique role under the emerging environment of Devolution. The table below shows that other than a handful, an overwhelming number out of the 50,000-plus citizen organizations carry a local mandate that responds to specific welfare, social or cultural needs, often limited to the district level.
Non-profit Sector
Domestic Organizations Foreign Organizations
Private non-governmental independent citizen organizations Government sponsored initiatives or organizations Private public partnership initiatives
International Organizations -treaty arrangements or municipal law Foreign government sponsored organizations International Organizations with country agreements
Public benefit organizations

Source: IDLO Pakistan Case Study SAH Shah 2002
Mutual benefit organizations
Registered NGOs in Pakistan Estimated up to June 2000 Province Social Welfare Societies Agencies Registration Act, Ordinance, 1961 1860 Punjab 5421 27702 Sindh 4572 11877 NWFP 1675 1343 Balochistan 1035 2085 Pakistan 12703 43007
Companies Ordinance, 1984 45 442 15 7 509
Total 33168 16891 3033 3127 56219
Source: Ghaus-Pasha, Jamal and Iqbal 2002; Dimensions of the Nonprofits Sector in Pakistan: Preliminary Estimates, SPDC
Control-oriented Legal & Regulatory Environment: Article 17 of Pakistans Constitution27, within conditions, ensures citizens fundamental right to form associations, unions and political parties, under a number of laws. Article 328 requires the State to expect from each according to his ability, and to each according to his work, even when common perceptions do not seem to agree that such is the case. Under Article 429 citizens cannot be stopped from doing all things lawful or compelled to do things unlawful. Article 1930 guarantees freedom of speech and expression. Being unenforceable principles, the Supreme Court has asserted all these as the conscience of the Constitution and the basis of all executive and legislative action. Yet, the national citizen or NGO sector is largely
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regulated by what the International Development Law Organization (IDLO)31 describes as controlling legislation. It appears from a perusal of current NGO-related legislation that the government desires to apply relatively stringent controls to CSIs that aspire to public benefit. Ostensibly this is in the public interest, so as to guarantee greater fiduciary responsibility of public or charity funds. In actuality, it creates a disincentive for compliance because in the absence of effective enforcement mechanisms, CSI often ignore regulatory requirements. This tendency actually inhibits civicness32. On the other hand companies or private benefit organizations tend to be dealt with under what IDLO describes as enabling legislation. This empowers33 these entities, within defined disclosure parameters, greater freedom to innovate and respond to their respective constituencies. Other civil society organizations are found to be addressed through specific legislation that recognizes their respective roles and allows for their engagement with the State, as in the case of the Industrial Relations Ordinance 1969 that pertains to trade unions or the Political Parties Act 1962 and the Representation of Public Representatives Act 1976, which lay down rules relating to political parties. Likewise specific legislation exists to oversee religious endowments, Waqf 34properties, etc. Moreover, this legal and regulatory environment for GoNGO Cooperation tends to sidestep a whole array of CSIs and focus on the control and regulation of non-profit public benefit organizations, allowing for intrusive or coercive intervention on the part of government officials who may not necessarily have the requisite understanding of the NGOs relevance and import to its constituency. Combined with the customary presupposition on the part of government that the NGO primarily aims to profit from public charity or state funds and thus must be tightly controlled to circumvent irresponsibility makes for a major obstacle in the GoNGO interface. This view is steeped in the traditional patronage model where it is the states burden to ensure that CSIs conduct themselves with integrity and probity, even as evidence points to critical gaps in the States ability to do so. According to NCSW, a predominant35 number of small local CSIs find themselves registered under the Voluntary Social Welfare Agencies (VSWA) (Regulation and Control) Act 1961, which specifically targets social welfare organizations36 in a way that strengthens the patron-client status quo, with the attendant intrusiveness. The law calls for adherence to a pro-forma constitution, which specifically commits the CSI to efforts confined to social welfare issues within a defined locality. It allows for the local representative of the provincial Social Welfare Department to oversee the CSIs operations and take discretionary disciplinary action in case of perceived mismanagement. In a patronage culture like Pakistan, small local CSIs are most likely to relate to their local Social Welfare Officer as a dispenser of State largesse, and it is as likely for the officer in question to assume the airs of a representative of the Sirkar. The quality of the consequent engagement between a so-called VSWA and the government is not disposed towards the enabling and grooming role that an ideal GoNGO relationship presupposes. Consequently, there is a tendency among the more savvy public benefit CSIs to seek registration under laws other than the 1961 law, or even multiple registration under the various laws generally to escape intrusive and arbitrary State control, even though the disclosure requirements in case of the Companies Ordinance are stringent, and carry penalties for default. Prominent examples include social advocacy organizations like Aurat Foundation, registered under the Societies Registration Act 1860, philanthropic bodies like the Edhi Foundation under the Trust Act 1882, and development agencies like the Aga Khan Rural Support Programme under specific non-profit provisions of the Companies Ordinance 1984. The Shaukat Khanum Memorial Cancer Hospital is actually registered as a VSWA, as a Trust, and as a Society. This loophole, which allows CSIs to simultaneously register under more than one law is itself a major cause of concern.
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CONTROLLING
LEGISLATION
Religious Societies Act, 1880 Charitable Endowments Act, 1890 Charitable and Religious Trusts Act, 1920 Charitable Funds (Regulation of Collections) Act, 1953 Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961* proposed Non-profit Public Benefit Organizations (Governance & Support) Act, 2003 Societies Registration Act, 1860* Trust Act, 1882* Companies Ordinance, 1984* proposed National Commission for Voluntary Initiatives (NCVI) Act, 2005
* Emphasis reflects most prevalent NGO registration vehicles
The above table lists current or proposed legislation that pertains directly to the conduct of non-profit, voluntary public benefit organizations. A notable exception is legislation governing cooperatives, which under the TAs definition of CSIs are not public benefit organizations, but distribute dividends to a cadre of members. In short, Pakistans legal and regulatory environment for GoNGO cooperation is such that seeks to overly regulate grassroots public benefit CSIs, and arguably robbing them of innovative social responses to emergent problems and perhaps most critically, limiting their access to sources of funding and expertise. These are the very citizen sector organizations that are likely to be owned by and to respond to the immediate needs of the ordinary citizen. On the other hand, this policy of regulatory environment provides larger, more sophisticated NGOs and civil society institutions with alternatives that bypass this constraint and allow them to not only access resources from a wide range of national and foreign sources outside of the government but by default allow for a certain elite capture of the citizen-sector by educated, urban middle-class individuals, who with some notable exceptions, show neither sensitivity nor commitment to issues immediately relevant to the average Pakistani. This tendency continues to skew the GoNGO interface towards a status-quo. This observation is particularly relevant from the perspective of the LGO 2001 and its expressed intent of encouraging grassroots CSIs referred to as Citizen Community Boards (CCBs) to become directly engaged with their local government in ensuring good governance in each of the six thematic areas3 identified. The Local Government Ordinances 2001 allow CCBs to register directly with their respective district-level officials, ostensibly obviating the need for these CSIs to go through the lengthy and expensive process of registering under any of the national or provincial laws, notably the 1961 VSWA law. Yet, the reality is different. Local CSIs are by and large unprepared for the challenge of the CCB as envisaged, while larger urban NGOs do not have the local roots or motivation to become engaged other than as consultants who will, for a suitable fee capacitize local CSIs to become CCBs, without necessarily having a long-term stake in their success. It is not surprising that the resulting vacuum is wide open for manipulation by any number of interests. The TA team has observed instances where the local Nazim or administration have successfully blocked registration of CCBs promoted by political opponents or individuals considered to be too vocal on rights or community issues, while encouraging and even financing CCBs of their own supporters or relatives so as to be able to stake a share in the specially earmarked, non-lapsing funds for CCBs in their respective Annual Development Plans. Bottlenecks to Promoting Civic Responsibility: Thus, rather than creating the expected cultural transformation in favour of motivated and proactive citizen bodies and the gradual ratcheting-up of civicness and values of responsible citizenship, the uncertainty prevailing around the creation and evolution of genuine CCBs creates a risk for the success of the Devolution process itself. As it is, historical evidence shows how vulnerable Pakistans political economy and policy environment is to threats to civic freedoms, because of an interrupted and fragile democratic system ensconced within a low-trust, high power-distance society. This is made more complex by the countrys existing legal
ENABLING
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provisions that govern CSIs, which are at times inconsistent with a liberal and inclusive GoNGO engagement. So despite Constitutional guarantees, Pakistans political economy and policy environment is often non-conducive to civic freedoms. The TA team finds that Pakistans decision-making apparatus may have a greater role than is acknowledged in not promoting a meaningful GoNGO interface. In the many interviews conducted during the TA, couched as it is in statements of support, the typical government officials lack of trust for the citizen-sector comes through clearly. The preferred option for government is still thought to be that of making NGOs accountable to Government. It is perhaps this attitude within government that has contributed the most to a number of failed attempts to introduce new legislation to oversee the functioning of NGOs in the country. The most recent attempt, in the form of the proposed Non-profit Public Benefit Organizations (Governance and Support) Act, in 2003 met with resistance from a large segment of citizen-sector organizations and their representative bodies because of its controlling nature. More recently, a PC-1 prepared at NCSW seeks to enforce a mandatory registration regime on all VSWAs in the country. The TA team feels such efforts have limited likelihood of success given the prevailing demand for participatory engagement between government and civil society. And perhaps more importantly, the insistence on regulation of CSIs in effect creates a major disincentive for small citizens groups to register as CCBs or VSWAs. It hardly impacts the larger NGOs who are increasingly opting against following this route. Poor Investment in Good Governance: Pakistan has a history of attrition between its establishment and activism-led NGOs.. A centralized regulatory regime, unhelpful Federal and Provincial laws and complex fiscal and tax regimes administered by an administrative elite37 clearly limit a liberal and inclusive environment in which NGOs can engage with Government. Pakistans establishment has traditionally shown a reluctance in building an empowered citizenry through strengthening democratic processes and institutions. Consequently political and governance reforms, even prior to the LGO 2001, such as the Basic Democracies system of 1960s and the Local Government Ordinance 1979 have largely tried to fill local political vacuum. The TA team was able to observe subliminal resistance to the new system among career civil servants, who felt, perhaps justifiably, that such fundamental changes to an established administrative system as are outlined in the LGO 2001 would normally require a much longer process of development, testing and diffusion, matched by appropriate strategies to build the required skills and competencies. Consequently, even as demand for local development initiatives clearly requires a strong participatory GoNGO interface and even as government recognizes its limitations in going it alone. Pakistans outmoded regulatory structures, lack of trust among key stakeholders and skewed incentives lead into uneven prospects for the success of citizen-state cooperation. Darwinian survival vs. Elite capture: For the moment, GoNGO engagement seems to be driven by reasons other than equity and empowerment. Government appears to want to control NGOs so they can be drafted into a service delivery role where cost effective. Smaller CSIs on the other hand, often run by local social entrepreneurs seem to want easier access to government and its attendant privileges. This mutual expectation is expedient and often quite removed from the goals of sustainable development. Larger NGOs want out of this inhibitive arrangement and have little difficulty teaming up with donors who, unfettered by controlling legislation, often seek national counterparts that are likely to be sophisticated, urban-based NGOs typically run by educated upper middle-class professionals.
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Thus there are two faces of the GoNGO interface in Pakistan. The first is the small local CSI seeking government approval in its struggle for legitimacy and social recognition, and sometimes, the personal aspirations of its founder. The second is the sophisticated urban based NGO that seeks to avoid interacting with government because firstly it wants no threat to its independence and secondly, because it can often operate above the VSWA law. So, while at the local level CSI leaders curry favour with representatives of the Sirkar, at the national level, they are a kind of NGO elite, increasingly comprising retired or serving members of the Sirkar. This arrangement creates an interesting dynamic that is driven by short-term goals.
BY ANY NAME BINGO: BONGO: CBO: CSO: DONGO: ENGO: GDO: GONGO: GRINGO: GRO: IDCI: INGO: IO: IPO: LDA: MO: MBO: MSO: NGDO: NGO: NNGO: NPO: PO: PDO: PSO: PBO: PVDO: PVO: QUANGO: SNGO: TNGO: VALG: VDA: VI: VNPO: VO: __________ Big International NGO Business Organized NGO Community Based Organization Civil Society Organization Donor Organized Organization Environmental NGO Grassroots Development Organization Government Organized NGO Government run/initiated NGO Grassroots Organization Intl Development Cooperation Institution International NGO Intermediate Organization International Peoples Organization Local Development Association Membership Organization Mutual Benefit Organization Membership Support Organization Nongovernmental Development Organization Nongovernmental Organization Northern NGO Nonprofit Organization Peoples Organization Private Development Organization Public Service Organization Public Benefit Organization Private Voluntary Development Organization Private Voluntary Organization Quasi NGO Southern NGO Transnational NGO Voluntary Agency/Organization Village Development Organization Village Institution Volunteer Nonprofit Organization Voluntary Organization
This substantiates why GoNGO has remained largely confined to social service delivery or charity based philanthropy, barring a few notable exceptions in the realm of legal aid and public safety. Government measures its engagement with NGOs in the form of grants-in-aid, amenity plots or by allowing local organizations to fill a service delivery Legal and Organizational Practices in Nonprofit Management, Pasquale Ferraro gap. It is not surprising then, that advocacy and human rights organizations seeking policy change that threaten the status quo have remained on a confrontational course with the Government. At a general level this scenario does not seem geared to create an equitable GoNGO interface that can impact positively on the lives of ordinary citizens over the long term. Add this to inadequate communication across the State-Civil Society divide and there will be pervasive cynicism about bonafides on both sides. Fortunately, reality moderates both these points of view. Despite a sobering macro-picture, community level evidence shows that there is such a thing as public-spirited citizenry, there do exist examples of egalitarian political relations, and that a social fabric of trust, solidarity and cooperation does survive in communities where vibrant networks define equitable norms of civic engagement.
2.4
GoNGO for Leveraging Social Development
Over the years that government officials and their civil society counterparts in Pakistan have tried to sidestep issues of mutual trust and empowerment, a paradigm shift has occurred elsewhere in the way NGOs perceive their social role, and the way governments seek them as allies in community development. Resistance has increasingly given way to engagement as the dominant approach because both NGOs and governments have begun to understand that neither can single-handedly meet the political economy imperative of increasing the supply of civic services. Successful examples of public-private partnerships in social development initiatives across the globe have helped create a strong business case for Government-NGO cooperation among key stakeholders in Pakistan as well. Donors and funding agencies who have had a role in promoting the NGO sector as an implementing partner for participatory community-based development projects, sometimes even as a substitute for government agencies, have in recent years reverted to a policy of funding government, albeit with a
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clearer focus on partnerships that involve civil society stakeholders. This trend is much reinforced subsequent to the LGO 2001, with funding agencies committing sizeable support towards building strong and accountable local government at the grassroots38. A number of funded programmes currently work for strengthening of the newly created statutory spaces through developing institutional mechanisms, building capacity and supplying infrastructure. Hence it can be said that GoNGO is an idea whose time has come. This reinforces the need for a clearer framework for GoNGO cooperation just as it does a need to re-visit state-citizen relations in the context of partnerships as opposed to the traditional patronage model. Meanwhile, the corporate sector has started to become more and more involved in seeking opportunities to address social issues, typically related to service delivery. This follows another current trend sweeping the world, being that of corporate social responsibility (CSR). Over the past decade companies have had to face demands from an increasingly aware stakeholder community to demonstrate socially and environmentally safe behaviour and that they have a right to operate in fastalienating consumer societies. As a result, companies are stepping forward to participate in social interventions in ways not traditionally associated with the business sector. Corporate resources and clout are significant motivators for both the State and NGOs to rethink their traditional relationships with each other. All this creates a critical mass for a win-win situation where civil society can benefit over the longterm from State support and legitimacy, NGO social capital and motivation, and corporate influence and resources. However, the TA team finds reason to caution that this rare opportunity for crosssectoral synergies used for impacting quality of life at the grassroots may be in danger of being underutilized for number of reasons. First of these, as mentioned is a lack of mutual confidence and a sense of cohesion among the key stakeholders. Second, a visible absence of shared vision of sustainable development between government and its civil society counterparts, made worse by poor communication and dialogue. Third, is a pervasive ad hoc short-termism in the way grassroots interventions are identified, often reflecting expediency and quick turn-around in favour of sustained social investment. And fourth, a relatively poor focus on seeking integrated approaches that call for local ownership and beneficiary-led sustainable goals. In the TA teams opinion, a solution to all these lies in institutionalizing the GoNGO interface in a way that brings together key stakeholders as equals on a neutral platform, allows them to build consensus and strategic vision around the real needs of grassroots communities with which they have an ongoing process of dialogue, and then seek support from the right quarters in ways that optimise efforts and resources. The TA team feels that focussing excessively on service delivery and not reinforcing the rights-based aspects of community participation and accountable government through stronger government institutions, would tantamount to bypassing the true purpose of the statutory spaces created by the LGO 2001. And that a key thrust of any GoNGO engagement framework must have rights-based participatory mechanisms at its core in order to have a long term impact on the quality of life of the average citizen. Without this rights-based quality of life emphasis, GoNGO partnerships can not aspire to go beyond mere palliative service delivery.
2.5
Sustainable Development & GoNGO Engagement
Market integration and globalization mark the new global paradigm. International trade, internal conflicts, ecological concerns and poverty focus civil society on issues emanating from the failure of centralized planning and rising income inequalities. Consequently, some equate the ideals of sustainable development with the demise of simple economic development of the past, envisaging an essential partnership among stakeholders from Government and Civil society in leading the development process. This corresponds to de Tocquevilles view that the threat of dictatorship is averted by educating the people in republican virtues through active participation in local democratic organizations. Other liberal thinkers too stress individual rights and a system of checks and balances to secure democracy for the un-civic. Machiavellis civic humanism echoes notably in the thought of Putnam39, who claims that institutions shape politics by structuring political behaviour
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and they themselves are shaped by history. He refers to the devolution in Italy that changed conflict to collaboration, extremism to moderation, dogmatism to tolerance, interest articulation to interest aggregation and radical social reform to good government. Susanne Rudolph on the other hand challenges the undifferentiated concept of associational life and while underscoring the role of associations (NGOs, CSIs, CBOs) to the strengthening of civil society, warns that some are not friendly to democracy. Institutional performance is a critical variable of virtues that flourish in a civic community of publicspirited citizenry, egalitarian political relations, and a social fabric of trust, solidarity and cooperation and a vibrant network and norms of civic engagement. Subscribing to this view implies that GoNGO interface cannot deliver civicness if not based on equitability and empowerment. The TA team uses civic-ness as its benchmark for state-citizen engagement and has found its position validated through the nine pilots that were conducted through this project. Advocates, including donor agencies, are committed to institutionalizing linkages between the government and NGOs, based on these same rights-based precepts. It is perhaps as a result of this emerging paradigm that Pakistans current Perspective Plan (1998-2010) encourages GovernmentNGO partnerships. Meanwhile, a proliferation of Rural Support Programs supported by Government, the creation of institutions such as the Pakistan Poverty Alleviation Fund, Khushhali Bank, the National Commission for Human Development (NCHD) and the Pakistan Human Development Fund (PHDF) each with a strong non-governmental stakeholder component lend substance to the TA teams GoNGO argument. Under the Enabling Environment Initiative (EEI), Income Tax Rules 2002 allow tax benefits only to NGOs certified by the Pakistan Centre for Philanthropy, an independent agency40. NCSW has fielded a PC-1 to seek similar incentives for small local CSIs mostly registered under the VSWA Act 1961. From NCSW accounts the EEI evolved in response to a need expressed by CSIs to develop a regulatory environment that would promote direct self-disclosure by NGOs not only to Government but to donors and philanthropic ventures directed at local development or social service delivery.
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Streamlining GoNGO partnerships
GoNGO in POST-DEVOLUTION PAKISTAN

3.1 Post-Devolution GoNGO Opportunities
3.0
Justice and equity are central to the concept of good governance,41 to the emerging rights-based development perspective and the opportunities presented by Devolution reform since 2000 when Pakistan began following policies of decentralization and public-private partnerships (PPPs) within the all-pervasive global wave of good governance and accountable government. Despite many criticisms of the legal vehicle employed or the phasing-in of the reforms, the move to decentralize government in Pakistan is generally welcomed at the grassroots level because it is seen to promote a sense of equity and participation in a traditional power-distance culture. The TA team has found general enthusiasm for the aims of the Devolution Plan because for the first time ever, it allows for direct citizen-sector participation in state institutions at the grassroots. There seems agreement that the years of grassroots mobilization by political parties and awareness on right-based approaches by numerous NGOs and support organizations has not been matched by a systemic change to the mechanisms of governance, leading to frustration, scepticism and ultimately apathy among the average citizen with regards to the intent of government to seriously address quality of life issues. An institutionalized GoNGO engagement mechanism can help change this. The overall momentum of global impetus and local demand allows for a unique opportunity to capitalize on government-NGO partnerships, while the spaces within the LGO 2001 provide a useful vehicle. Pakistans present socio-political milieu may finally allow for building government-NGO linkages that can stimulate debate and local solutions that can help make Devolution a success. The TA teams experience of the selected pilot projects shows that Government-NGO partnerships, when strategically conceived in an atmosphere of equity and mutual harmony can provide sustainable vehicles of social development and citizen empowerment. Categorizing Community Organizations: Even though CSIs occupy a rather small space in Pakistans low-trust society, they bring together people in voluntary frameworks irrespective of their status and kinship. Generally, they tend to be positive institutions driven by common interests and needs and based on trust, cooperation and reciprocity. Within this discourse Pakistani civil society organizations can be classified into two categories, modern and traditional. Modern ones are secular western style NGOs, often providing a service or advocacy in areas such as Human Rights and Gender. In the other category lie thousands of indigenous community-based NGOs, often registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961, that act as local service providers and often raise their funds locally to run schools, tuition centers, adult learning centers and libraries, general welfare and transport, agriculture and health programmes. These CSIs are crucial to effective democratic local self-governance as promoted by Esman and Uphoff42. The success of the local governance system among other things hinges on the linkages the system will develop with the local communities. The LGO 2001 envisages such intermediaries. The Local Government Ordinance, 2001 provides for Citizens Community Boards (CCBs), of which some 30,000 will be formed to enable the proactive (non-elected) members of the community to participate in community work as voluntary, independent civic organizations officially recognized as social monitors.
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So far, public perception and understanding of these and similar institutions envisaged under the LGO 2001 seem to be vague and even confusing oscillating between monitoring, accountability, policy direction and service provision. The Devolution reforms offer unique windows for cooperation between Government agencies, Elected Representatives and civil society opinion leaders. Both the Local Government Ordinance, 2001 and the Police Order, 2002 seek to enhance NGOs role as participatory civic agencies, and most remarkably, provide for the creation of multi-stakeholder forums in which the NGOs can participate to ensure transparent, equitable and humane governance at the grass-roots through participation in various statuary bodies, such as Monitoring Committees, Insaaf Committees, Musalihat Committees, Public Safety Commissions, Citizen-Police Liaison Committees and CitizenCourt Liaison Committees etc. Based on the TA teams discussions with various stakeholders during the inception phase, established civil society organisations have not participated overwhelmingly in the newly envisaged statuary bodies within the new set up. Of the many possible and plausible reasons advanced for this apparent gap, the most salient ones are broadly aggregated below: Local Political Economy of Public Resource Management: Often, Nazims and Councillors elected under the LGO, 2001 hold the view that since they have been voted in by their communities, why should there be another cadre of citizens to represent the public interest? In many places this subliminal conflict is manifested in the stalled process of CCB formation. In exceptional cases however, such as in Kech district, the Nazim has proactively initiated the formation of Citizen Community Boards and has solicited support from Strengthening Participatory Organisations (SPO), a national NGO, for building the capacity of these CCBs. In some instances individuals active in the social sector have been elected as local councillors or Nazims. They too seem reluctant to choose roles and say that their presence in the local councils should suffice. Capacity of Elected Councillors and Officials: The level of clarity about the respective roles of local government and the NGOs often seems lacking, particularly among government officials. Quite apart from the structural impediments that delay CCB notification officials of the newly created department of Community Development at district level have not received any worthwhile training vis-vis their role of engaging NGOs in various capacities. The training curriculum for councillors and executive officials does not distinctly outline a clear line of action in this regard. The lack of skills and knowledge among the Social Welfare/Community Development Officers has also been reflected in the findings of other ADB-supported projects such as Gender Reform Action Plan (GRAP)43 carried out with the Government of Pakistan. Capacity of Citizen Sector Initiatives: Civil society organisations, including NGOs, have largely stayed cautious about their roles. During discussions with the Balochistan based NGOs most of them were unaware of the modalities in both LGO 2001 and Police Order 2002 for civil society participation in governance. There is a need to communicate to stakeholders that the new devolution legislation creates spaces for effective participation of citizenry at all levels, even as they differ in their scope and potential for a meaningful engagement of Government and Civil society. Presently, GoNGO-driven institutions despite their seeming variance have been created in all provinces with some variations. For example, in Sindh both the slots of the Local Government Commission reserved for Civil Society, have been occupied by two Provincial Assembly members each one nominated by Leader of the House and Leader of the Opposition. In any case most of the GoNGO interface at present predominantly comprises service delivery. Often these programmes are independent projects having access to a Nazim for informal consultations. Some well-known examples include: the Society for Community Support for Primary Education in Balochistan (SCSPEB), CARE Schools, Loralai Awami Falahi Markaz (LAFAM) and Society for Community Operated Primary Education (SCOPE), Aurat Foundation (AF) etc. In the
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present environment of decentralization, good governance, and public-private partnerships, there is a unique window of opportunity for government and NGOs to transcend their traditional roles. The opportunity to exercise what Henry George terms economy of effort for both government and NGOs towards their professed goal of justice and sustainable development is perhaps as never before. The absence of an institutional bedrock for identifying, building and sustaining government-NGO partnerships is major constraint towards capitalizing on opportunity. Allowing for a formal forum of dialogue and learning is a natural demand under the circumstances, and this TA culminates in recommendations that allow for an institutional arrangement where government and NGOs can interface effectively.
3.2
Traditional GoNGO Models & post-Devolution Spaces
Historically, government-NGO relations have been characterized by mutual antipathy and distrust. At present, laws governing NGO conduct are intrusive and one-sided, while on the other hand NGO activities are unregulated in ways that raise questions about their accountability. Both suspect the others integrity and cite valid reasons, however, both profess to work to improve the quality of life of the same set of grassroots stakeholders. Examples from other countries, such as Bangladesh44 show that governments and NGOs do work together if there is a shared vision of development, a sense of mutual accountability and a system of checks and balances that allows for either party to operate independently within a defined set of rules, but be taken to task if it goes beyond its agreed mandate. Financial viability and ideological sustainability are prerequisites for successful government-NGO partnerships, which must challenge the traditional patron-client relationship model. In Pakistan we see that financial viability takes precedence over ideological sustainability and defines the predominant GoNGO interface. Existing models of government-NGO cooperation typically reflect permutations of the following:
Patron-Client: This is the most prevalent model that has its roots in tradition, especially among small local CSIs and VSWAs who seek small grants from government agencies. NCSW itself offers small grants to applicants from districts, either directly or through provincial social welfare departments, to local initiatives in indigent care, special peoples needs, support to vulnerable groups etc. These grants often are their mainstay. Fee-for-service Consultant: Larger NGOs aspire to become implementers for programmes lead by development support agencies and bilateral or multilateral donors. These projects allow NGOs to charge costs, overheads or fees and function as sub-contractors. Examples include the Technical Investment Proposal model practiced by ADBs Decentralization Support Programme. Principal-Agent: More mature or influential NGOs seek to become partners with government to establish mostly service delivery projects and manage them, as in the case of Shehris urban sanitation programme in Karachi or CAREs taking over municipal schools in Lahore. Corporate philanthropy is increasingly contributing to this model, most often in formal education or primary health. Rebel-Establishment: CSIs that espouse civil liberty-related causes or seek to expose instances of bad governance often take an opposing stance with help from the media. In a number of cases government or the justice system takes decision on the basis of such NGOs work, even if they are not recognized as partners by the government. AGHS or Madadgar exemplify this model. Interest-led Participant: A number of CSIs contribute financially, materially or by giving volunteer time in supporting the work of government hospitals or schools, thereby increasing the service impact of these facilities. In other instances CSIs jump on the bandwagon when government or other influential opinion leaders publicly take up a cause or project. This is exemplified by the
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recent example of mass marriage ceremonies hosted by the government with financial support from local CSIs, such as Anjuman Tajiraan (local traders organizations). Devolution by and large has ignored the dynamics of these traditional relationships and not emphasized enough their critical impact on its success. Spaces for citizen participation under the 2001 devolution law are a well-intentioned and in the right spirit, but their longevity is threatened by a lack of institutional strength and by the manipulation of strong vested interests within the traditional establishment, whether it is the civil service, elected representatives, or entrenched NGO leadership.
3.3
GoNGO Stakeholders and Alliances
The TA team concludes that a major obstacle to GoNGO relationship-building lies in absence of clear operational guidelines and succinct rules of engagement between government and NGOs. The assumption is that if these are developed, GoNGO successes can become more easily adapted, scaled, modified or replicated at each tier of government and in a variety of socio-cultural settings. The TA team has ascertained that this policy and procedural vacuum in the overall milieu of Devolution has to be treated as a priority for the new system to begin to take permanence. Already there is discussion within each of the stakeholder groups identified whether the Devolution Plan will go the way of its precursors. Regardless of the outcome of this experiment beyond the present government, the TA team feels that the precept of grassroots participation and decentralization has struck a popular chord and that it might not be possible now to completely reverse the process begun in 2001. That despite the strongly entrenched forces of status quo, a process shift may already have begun. However, for fear of sounding too optimistic, the TA team acknowledges that the level of partnership and civic buy-in that the present government or its successors are able to instil into the citizen participation framework of Devolution would be directly proportional to its ultimate success. The TA team has confirmed that successful government-NGO relations can, and do exist, stand to enrich their beneficiaries through better governance, civic pride and a sense of achievement that directly reinforces positive social behaviour. In a departure from the conventional view, the TA team feels that there are three key protagonists in creating a successful GoNGO dynamic, each having a unique potential to add value to the quality of citizens life. However, it is clear that none of these key levers of GoNGO success appear to look at the others as potential partners within a GoNGO framework, primarily because they have historically operated in their own respective environments and have only incidental linkages derived from their own particular perspective. Observing their mutual interaction is instructive in that it allows for a realistic appraisal of what would be required to make GoNGO partnerships work to the advantage of the ordinary citizen.
Elected Public Representatives, especially those with executive authority at their respective level of government aspire to be part of the traditional patronage system and look upon both government functionaries and citizen sector leaders as potential rivals. The system allows for elected representatives to wield statutory authority, and other than a small number of seasoned politicians, few are able to relate this to accountable public behaviour. As a result, there is frequent conflict between elected representatives wanting to bestow favours on favourites and state officials who seek to remain within prescribed rules. Elected representatives are often seen seeking transfers or disciplinary action against civil servants who they perceive to be less sympathetic in facilitating the system of patronage. As a result civil servants learn to tread a fine line early in their careers, and moderate their relationships with elected representatives within the security of their tenure in a number of ways that maintain the status quo. Some choose to resocialize themselves to benefit from the system, while a few decide to mount open resistance. The TA team was able to see evidence of both.
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The TA team has observed that executive authority is a strong magnet for those vying for political office, since a number of MPAs were seen to have ignored certain provincial assembly seats in order to contest District- or Tehsil/Taluka-level Nazim or Naib-Nazim elections. On the other hand, MNAs and MPAs are still struggling to retain their customary local ability to dispense government patronage at the level of their constituency because the perception of being close to the Sirkar to access government benefits gets votes in Pakistans political culture. With regard to the GoNGO interface, elected representatives are quite vocal about how the NGOs are subverting their constituencies by promising self-help and self reliance, which actually makes the average citizen less dependent on their respective legislator. The TA team saw that unless a local government leader was himself or herself not directly involved with some NGO or community-level work, he or she was not open to including citizen-sector opinion leaders in their definition of GoNGO. Often NGO-types tend to be looked upon by career politicians as intruders encroaching on the politicians hard won position, unless they fall into the category of political sympathisers or beneficiaries. In some cases the TA team observed CSI or NGO leaders elected to local government, which indicates this as another route to political office. However, the TA team has not been able to devise a specific typology for ascertaining whether NGO backgrounds make for more accountable, more accessible political leadership.
Government Officials, regardless of their position or cadre, with a few exceptions, also appear to be sceptical if not openly opposed to a role as equals for citizen-sector opinion leaders, unless there leaders happen to be associated with the dominant power group. The TA team was related instances where local officials provided government support to welfare activities organized by relations or associates of senior officials or influential individuals, even helping fundraise through requests to the business community. Again, the traditional CSI or citizen-sector representative running a service delivery-type initiative poses little threat to the status quo and is tolerated, even pressed into service when the patronage system requires, as an occasional quid pro quo. At the same time, from the typical local government functionarys point of view the modern NGO is to be observed with some degree of caution with an underlying suspicion of motives, and unless a direct connection can be found, a civil servant is unlikely to extend any formal or tangible support. This is more obvious in NGOs that promote civil liberties or seek to unveil social injustice associated with the administrative, public safety or judicial system. The TA team has confirmed the pervasive emphasis on control and accountability for NGOs and on ensuring patriotic behaviour, even if it means the occasional resort to coercive advice. On the other hand, a number of former civil servants interviewed by the TA team, who have turned to volunteer community work, express their criticism of intrusive control by the government. A recent trend among civil servants entering the citizen sector merits mention. In addition to training and tertiary education opportunities overseas, Civil servants traditionally serve short tenures in semi-autonomous organizations, corporations, multilateral or bilateral agencies, or the UN system as part of their career path towards senior policy and management positions. Over recent years, however, there is evidence that civil servants are opting for stints in NGOs45 and participatory instructional programmes46 that expose them to citizen sector initiatives as equals with professional counterparts from other sectors and even other countries. This comprises a relatively younger group of civil servants who, in the opinion of the TA team, may at some stage help bring about a positive change to the present appositional attitudes toward the citizen sector among civil servants. Previous examples of civil servants indigenizing are not looked upon with much favour within the civil service47. Or, it might lead to yet another new re-socialization phenomenon. Attitudes of civil servants towards elected representatives also vary, but tend to veer towards scepticism in the case of the elite civil service cadres and subservience in case of the rank and file of government functionaries. Again, the caveat of personal relationships or association applies to these views as well. In the particular case of this TA, the TA team found greater access through its members who belong to the civil service than otherwise.
Citizen-Sector opinion leaders such as CSI leaders, Professionals, Associations, Academia and the Media all represent the various facets of civil society and among them can be found CSI
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leaders who work for civil rights causes, provide services that ameliorate the problems of vulnerable communities, or who undertake philanthropic projects in the public interest. Such individuals gain stature within their respective communities over time and are looked up to as role models. The TA team finds that such individuals have the approval of their communities and as a result tend to be respected by both elected representatives and government officials in their own capacity. It is frequent to come upon such well-respected personalities bringing cases to the attention of both elected representatives or officials, that might deserve particular attention or have particular merit. By facilitating access to government these civic leaders create a necessary bridge between decision-makers and vulnerable segments of society, in an otherwise rigid, inaccessible and officious environment. It is these civic leaders that inject the element of trust in situations where decision-makers must decide on matter of specific relief to a claimant of social injustice. Civic leaders provide the assurances required that allow for some manner of social safety nets to operate in Pakistans particular socio-cultural environment. Civic leaders included in this category do not follow a particular type, but represent acceptable civic behaviour norms generally held high in society. The TA team was able to meet religious leaders, retired military or civil officers, educators, clinicians, professionals, businessmen, and social entrepreneurs at each of the many places visited, and often benefited from their good offices in helping along the process during the pilots. The TA team found such elements in significant numbers in each of the pilot project sites. Whether in Charsadda where a young activist was able to motivate a GoNGO partnership because of personal integrity or Khairpur, where family linkages helped quickly crystallize the various parties involved despite attrition between government and political leadership, as in other GoNGO pilots, civic leadership brought into play a dynamic that helped neutralize or mitigate mutual apprehensions across the GoNGO divide. The TA team was able to confirm the role such informal, but locally respected linkages between civic leaders, elected representatives and government officials have to play in the day to day dispensation of humane governance.48 Opinions within both elected representatives and government officials regarding civil society opinion leaders are highly individualized and follow the known particular personal qualities a civic leader. As such these are a unique form of social capital that allows an opportunity for helping bring the other two GoNGO protagonists closer together than they are. It has become clear to the TA team that without this particular form of social capital the pilots would perhaps not become a reality to the extent that they have. The TA experience has proved to the TA team that successful GoNGO interactions are determined by an equitable balance between the relative power and influence of each of these protagonists. In situations where one or the other becomes too powerful compared to the others, a GoNGO relationship becomes unsustainable. This is seen in Pakistans case where these three key stakeholders often skew the equilibrium of an equitable GoNGO interface and cause setbacks to the entire edifice of good governance. The TA team finds that citizen sector opinion leaders have a unique role in creating this harmony or balance because by their acceptance as neutral, fair and unaligned by the other two protagonists, it is possible for each to acquire the trust guarantees that are otherwise clearly absent in the dynamic. Just like other relationships, a constructive GoNGO dynamic can only be created, nurtured and sustained if the protagonists accept equity as a principle and look upon themselves as partners. The sheer variance in the relative power, influence, resources and legitimacy of each protagonist makes it important for each to understand the value of giving up some of each in favour of the other. Unless this is done, it is impossible to fully exploit the institutional spaces provided by the 2001 governance reforms. A harmonious balance between each of the protagonists determines how well, or otherwise, Government-NGO relations can lead to the attainment of development goals. Government-NGO response to the new statutory spaces is best analysed through the perspective of three distinct stakeholders. As such this model assumes a unique balancing role for civil leaders in creating the proposed GoNGO dynamic. Thus, the TA team is confident that investments in building this triad of balanced and effective GoNGO mechanisms today will pay dividends in the form of a successful grassroots governance
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system. The nine working models chosen by this TA proceed to highlight this, and hopefully will provide impetus for action among Government agencies such as the National Council for Social Welfare (NCSW), the Devolution Trust for Community Empowerment (DTCE), the Human Development Fund (HDF) and principal donors supporting the Governance agenda on the one hand and public representatives and civil society opinion leaders on the other. However, on a cautionary note the pilot experience confirms that a lot of mutual bridge-building is required before the triad can behave in mutually supportive ways to extract cooperative advantage49. While there are good examples of government-NGO cooperation, they still follow traditional appositional tendencies, with very few credible examples of equitable partnerships in action. Some of the spaces, like the Provincial Local Government Commissions, which have already been notified continue to reflect the lack of trust among the protagonists to engage with civil society opinionleaders in constructive and innovative arrangements.
3.4
Present State of Play in the Statutory Spaces
The new statutory spaces are analysed briefly in the table below, with key observations from the field, indicating where practice may have veered from intent.
LEGISLATION LGO-2001 INSTITUTIONAL SPACES PROVINCIAL LOCAL GOVERNMENT COMMISSION MEMBERSHIP
CRITERIA
CIVIL SOCIETY PARTICIPATION THOUGH THE LAW PROVIDES FOR THE NOMINATION OF TWO MEMBERS OF CIVIL SOCIETY, ONE NOMINATED BY THE TREASURY AND THE OTHER BY THE OPPOSITION IN THE PROVINCIAL ASSEMBLY, YET THE DEFINITION OF CIVIL SOCIETY IS NOT DETAILED ENOUGH. AS A RESULT, MPAS
HAVE BEEN NOMINATED TO THE COMMISSIONS ON THESE SLOTS.
POLITICAL NOMINATION
PROVINCIAL FINANCE COMMISSION
NOMINATION BY
THE GOVERNMENT
RECONCILIATION COMMITTEE (MUSALIHAT ANJUMAN)
SELECTION BY THE UNION COUNCIL INSAAF COMMITTEE
THE LAW HAS THE PROVISION FOR THE INCLUSION OF TWO PRIVATE MEMBERS AND THIS MAY, BY IMPLICATION, INCLUDE THE CIVIL SOCIETY ACTIVISTS, BUT NOT NECESSARILY SO. AS A RESULT, THE PRIVATE MEMBERS ON THESE COMMISSIONS DO NOT INCLUDE ANY PROMINENT CIVIL SOCIETY ACTIVISTS. DESPITE THE MENTION IN THE LAW, DETAILED GUIDELINES FOR THIS STATUTORY BODY ARE NOT AVAILABLE. THERE IS
NO PROVISION FOR TRAINING OF THE MEMBERS OF THESE BODIES IN ALTERNATE DISPUTE RESOLUTION TECHNIQUES. MOST IMPORTANTLY, THE LEVEL AND METHOD OF THE INTERACTION BETWEEN THESE BODIES AND THE JUDICIARY AND POLICE HAS NOT BEEN DEFINED.
CITIZEN COMMUNITY BOARD
VOLUNTARY
THE FACTORS HAMPERING PROGRESS ON CIVIL SOCIETY PARTICIPATION IN CCBS ARE BOTH STRUCTURAL AND LOCAL AND NATURE. IN MANY INSTANCES, THE NAZIMS OF
RESOURCE SCARCE DISTRICTS ARE NOT MOTIVATED TO SHARE THE CONTROL OF PUBLIC FUNDS WITH VOLUNTARY BODIES. THE CLARITY AND UTILITY OF THE ROLE OF CCBS IN DEVELOPMENT IS NOT WIDESPREAD ENOUGH TO GENERATE PRESSURE AMONG THE MASSES TO COMPEL THE NAZIMS FOR THEIR RECOGNITION. THE INADEQUATE CAPACITY AT THE GRASSROOTS LEVEL TO ORGANISE COMMUNITIES AND PLAN PROJECTS IS ALSO IMPEDING PROGRESS. THE CUMBERSOME BUREAUCRATIC PROCESS FOR CCB REGISTRATION IS ALSO RESPONSIBLE FOR THE DELAY. APATHY ON THE PART OF NGOS IN GETTING INVOLVED IN THE PROCESS IS ALSO NOT OF MUCH HELP.
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LEGISLATION POLICE ORDER2002
INSTITUTIONAL SPACES PUBLIC SAFETY COMMISSION POLICE COMPLAINT AUTHORITY CITIZEN POLICE LIAISON COMMITTEE
MEMBERSHIP
CRITERIA
CIVIL SOCIETY PARTICIPATION THE NON-OFFICIAL MEMBERS OF PSCS CAN POTENTIALLY BE

FROM CIVIL SOCIETY BUT THERE IS NO GUARANTEE OF THAT AND THE EXISTING MEMBERSHIP OF THESE BODIES DOES NOT REFLECT SIGNIFICANT CIVIL SOCIETY PARTICIPATION.
NOMINATION
SELECTION BY PUBLIC SERVICE COMMISSION OSTENSIBLY VOLUNTARY; VAGUE OSTENSIBLY VOLUNTARY; VAGUE
THE NON-OFFICIAL MEMBERS OF PSCS CAN POTENTIALLY BE

FROM CIVIL SOCIETY BUT THERE IS NO GUARANTEE OF THAT AND THE EXISTING MEMBERSHIP OF THESE BODIES DOES NOT REFLECT SIGNIFICANT CIVIL SOCIETY PARTICIPATION.
SUPERIOR COURT ORDER-2002
CITIZEN COURT LIAISON COMMITTEE
THE LEVEL, PROCESS AND RULES OF BUSINESS FOR THIS BODY, AS GIVEN IN THE PROPOSED LEGISLATION ARE HIGHLY UNCLEAR. THE LACK OF CLARITY IN TERMS OF RULES OF BUSINESS AND EXISTING CLOSED STRUCTURE OF THE JUDICIARY COULD PRIMARILY BE THE REASONS BEHIND THE NONIMPLEMENTATION OF THIS CONCEPT.
3.5
The 7-Cs as a Practical Framework for GoNGO Partnerships
The foregoing discussion attempts to outline the current GoNGO dynamic, so as to base its recommendations in a pragmatic vision. It is clear that the traditional bi-polar approach to GoNGO needs to be re-visited. Government officials demonstrate a lack of faith in the citizen sector, elected representatives are too embroiled in the intricacies of a newly installed system, while civil society leaders continue to play a bridging role where they possibly can. The whole GoNGO scenario is driven by individual notions, lacks a shared strategic vision, and the mechanisms to transform individual examples into collective goals and actions. It is this reality that the TA team sought to address through its activities during the TA, and feels there is a convincing rationale for a partnership-based GoNGO model where each protagonist can derive motivation from achieving their own specific goals and improve quality of life in their respective constituencies. The TA team confirms that GoNGO partnerships are mostly associated with service delivery-type interventions in areas such as health and education, ostensibly because they are easiest to put up and offer the most immediate outcomes with a relatively well-articulated process that requires no great social capital investments. Such projects also entrench the status quo by keeping communities focused on services without necessarily involving them in matters pertaining to good governance and civil rights. In the opinion of the TA team, the real value for GoNGO partnerships lies in institutionalizing good governance, instilling a respect for citizens rights and ensuring an equitable system that allows vulnerable group to integrate into mainstream society. While it would be nave to assume that all this would accrue simply by establishing GoNGO cooperation, the TA team is convinced that GoNGO must move beyond simple service delivery to impact a composite of the six thematic areas, that are adverted to in the spirit of the Devolution Plan, namely: 1. Rights & Gender 4. Service Delivery 2. Humane Governance 5. Capacity Development 3. Public Safety 6. Fair Resourcing
These are equally important from the point of view of Government, NGOs, the three key stakeholder groups above, as well as the general population. These partnerships must be developed at each of the five tiers of government, from federal to the union council, rooted within the spirit of the devolution plan. There is a need to evaluate the value of partnerships within these thematic areas and at these levels of government, in order to make the case for developing a national Government-NGO interface framework. Working models help in accurately describing a phenomenon under field conditions. In the context of this TA studying working models at pilots offers the best learning vehicle to inform GoNGO policy and
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practice. The TORs for the project clearly specify the need to develop modalities for pilot testing of these working models as part of the TAs Inception Phase. In order to maximize learning from the TAs pilot phase, a defined set of intervention variables were selected that would determine the suitability of potential pilot projects. Each of these was then matched to a do-ability criterion that defined time, budgetary and risk constraints. Given below the framework reflect the process of choosing a suitable mix of pilots.
TIER THEMATIC AREA SERVICE DELIVERY HUMANE GOVERNANCE PUBLIC SAFETY CAPACITY BUILDING GENDER & RIGHTS FAIR RESOURCING ACTION STAKEHOLDERS ELECTED REPRESENTATIVES GOVERNMENT OFFICIALS SUPPORT ORGANIZATIONS COMMUNITY ORGANIZATIONS PRIVATE SERVICE PROVIDERS BUSINESS & INDUSTRY DONOR AGENCIES ACADEMIA MEDIA
NATIONAL PROVINCIAL DISTRICT TEHSIL/TOWN UNION
STRENGTHENING ADAPTATION REPLICATION SCALE-UP
Selection Process The TA team met two hundred individuals whose insights and experience yielded almost 60 tentative possibilities for pilot testing the working models. After eliminating duplication and projects outside the resource and time parameters of the TA, a final long shortlist of 15 was reviewed by ADB and its programmes such as Decentralization Support Programme, and Access to Justice Programme. It may be noted that at least one member of the TA team then personally validated each of the proposal outlines. The 7-Cs of GoNGO The TA team has confirmed that successful governmentNGO relations do exist and duly enrich their beneficiaries through better governance, civic pride and a sense of achievement that directly reinforces positive social behaviour. The GoNGO Dynamic is created through an ongoing interplay between the three key protagonists, who are tied together by a set of Equity Variables that balance their relative power. While there is no chemical formula that can determine successful Government-NGO partnerships, the TA team has collated from its field assessments seven such broad variables. While these comprise the minimal requirements for sustaining the GoNGO Dynamic, they also reflect the internal issues that GoNGO relations must continuously resolve in order to retain the harmony and integrity of equitable and complimentary GoNGO relationships.
A unique example of constructive engagement at work comes from Sialkot, were citizen activism has compelled Government to join a development effort that is being eyed as a model by others. By voluntarily committing 0.25% of their post tax income to a City Development Package the business community has raised funds to qualify for matching government grants and renew the citys entire infrastructure. The Nazim, a NaibNazim, and a number of MPAs represent major export companies. The chamber of commerce serves as citizens forum and lobbying group, from successfully tackling social issues such as child labour to building the countrys first privately owned airport.
Using the following 7-Cs to develop quantitative evaluation devices it is possible to assess the quality of a GoNGO relationship. 1. 2. Clear and honest Communication mechanisms. These are provided for in LGO 2001 and PO 2002, as the statutory spaces; Organizational and individual Compatibility to develop a collective vision for the partnership, conceptualize and articulate it effectively in support of decision-making and identify the resources and capabilities within or outside the dynamic to deliver concrete results and learn from mistakes. So far lacking in implementation;
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3.
Credibility within and without driven by transparent, participatory and accountable organizational processes as envisaged, but so far not available in the rules for statutory bodies such as the PFC or the PCA; Committed leaders who offer Championship and can rise above the short term and motivate others to catalyze change. Reflected in nomination procedures to induct civic leaders in PFCs, PLGCs and CCBs. Perhaps the most critical of factors in retaining the integrity of the GoNGO dynamic; Professional and Coordination skills to keep stakeholders informed and engaged. To retain and expand buy-in for the partnerships set of goals. To manage operational tasks professionally in response to changing situations. Needs significant investment over a sustained period; Confidence and Continuity in policy and practice that ensures long-term outcomes. This is reflected in the intent of the provisions for citizen participation; An eye on the Consequences of the actions of the partnership, transcending narrow interests and seeking to mitigate unexpected challenges by considered planning and decision-making. Absent from the body of law reviewed but important to install accountability.
4.
5.
6. 7.
In the internal space between the protagonists a constant and changing interaction of the 7-Cs, tends towards relative equilibrium. Whenever one stakeholder gains or loses influence, the GoNGO Dynamic loses equilibrium and creates a wave of de-stabilizing impact through society. Pakistans GoNGO Dynamic is often characterized by such a lack of equilibrium. Outside of this internal milieu lies a 4-layered external environment whose role it is to buffer the 7-Cs and the three protagonists from such impacts. If this buffer is strong and flexible, as characterized by an empowered public, humane government and secure civil society, it can help the GoNGO Dynamic weather de-stabilizing impacts. A weak milieu achieves the opposite by transmitting external threats inwards with drastic consequences. Each of these external layers also describes the maturity of a society to cope with external or internal threats to the stability of its GoNGO Dynamic. By successively strengthening each layer it is possible to retain a strong core. Hence, in the TA teams view, developing operational modalities that are able to transparently implement the 7-Cs at the practical level, is a task that requires undertaking through process-driven dialogue carried out by a professionally capable institution. A natural outcome of this TA would be a systematic effort to build indicators and institutional capacity to map, customize and implement the 7Cs through the four intervention described above. Done in a way that integrates a number of existing efforts.50 The TA tested 9 working models of Government-NGO (GoNGO) cooperation, dispersed across thematic areas and government tiers, as summarized in the table below:
SCOPE / TIER 1 2 3 4 NATIONAL PROVINCIA
L
TITLE PILOT PROJECT MAINSTREAM MEDIA CAMPAIGN CONTENT GONGO MODULE FOR DECISIONMAKERS
THEMATIC AREA HUMANE GOVERNANCE CAPACITY BUILDING GENDER EQUITY PUBLIC SAFETY
BUDGET (RS.) 433,400 321,200 300,300 301,400
INSTITUTIONALIZATION & SUSTAINABILITY ADB-DSP & AJP COMMUNICATION STRATEGY PUNJAB LOCAL GOVT. TRAINING INSTITUTE CIDA-FUNDED
PROGRAMME FOR AF
END-TA STATUS
12 PROGRAMME
SLOTS AGREED
MODULE DEVELOPED, 2 TRAININGS HELD MAINSTREAMED INTO DISTRICT GOVT. BUDGET BYELAWS,
ORIENTATION VISITS COMPLETED
DISTRICT DISTRICT
WOMENS LEGAL EMPOWERMENT CENTRE CITIZEN-POLICE LIAISON COMMITTEE
NOTIFIED BY PUNJAB HOME DEPARTMENT
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SCOPE / TIER 5 6 7 8 9 DISTRICT TEHSIL TEHSIL UNION UNION
TITLE PILOT PROJECT CITIZENS FACILITATION CENTRE GOOD GOVERNANCE NETWORK SERVICE DELIVERY SCORE-CARD CITIZEN COMMUNITY BOARDS - ACADEMIA INSAF/MUSALIHAT COMMITTEES
THEMATIC AREA HUMANE GOVERNANC

E
BUDGET (RS.) 325,600 300,850 313,500 264,000 308,000
INSTITUTIONALIZATION & SUSTAINABILITY ESTABLISHED IN DISTRICT GOVT.

FACILITY
END-TA STATUS
MANUAL & SOFTWARE COMPLETED FRAMEWORK & CASE STUDY

COMPLETED
FAIR RESOURCING SERVICE DELIVERY SERVICE DELIVERY PUBLIC SAFETY
SECRETARIAT RESOURCED BY DIST. GOVT. SCORECARD TOOL

READY FOR FUTURE TIPS
SCORECARD
IMPLEMENTED
MANUAL AND MODEL

5 CCBS FORMED, MANUAL

COMPLETED
MANUAL AND MODEL

BYELAWS & ADR

WORKSHOP COMPLETED
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Overall results of the various pilot projects
GoNGO PILOTS RESULTS & LESSONS

4.1 Social Capital51 as Key to GoNGO
4.0
The TA Team, at the inception stage, carried out a scoping of the various spaces made available under the various legal instruments namely, Local Government Ordinance 2001 and Police Order 2002. Both legal frameworks not only highlight specific areas for government and community interaction for governance, public safety and service delivery, but also present mechanisms for doing so in the form of several statutory bodies such as CCBs, Monitoring Committees, Insaaf Committees, Musalihat Committees, CPLCs, CCLCs, Public Safety Commissions etc. The insight about these spaces and their status of implementation has been further refined as a result of the experience gained through the pilot projects. The most prominent generic and overarching lesson learnt is that the utilization of the civic spaces under these laws is largely dependent upon the localised presence of a tangible quantum of social capital, flowing from the trust existing between the local official machinery, the community and the civil society organisations, as opposed to an across the board harmony and institutional unison between them. In practice this trust is often leveraged by civil society opinion leaders who act to bring together the sometimes opposing perspectives of government officials and the elected representatives who are mandated to oversee good governance. The pilots, despite their somewhat ambitious scope for the meagre resources and time available for their implementation, achieved a degree of success by actively building upon this social capital at the grassroots level and also by the contribution of their individual social capital to the cause by the TA Team members. The TA team, instead of treating this social capital utilization as a mere windfall or a constraint for large replication, sees it an opportunity for investment into civic leadership and opinionmaking networks, capacity building events and procedural reforms. In the wake of the opportunities and constraints identified at the inception stage of this TA, and within the limited resources available with this project, the pilots were selected with a view to identify the most critical constraints to an effective GoNGO interface. The lessons learnt also include the ways in which these constraints were overcome by the TA Team and its respective partners in various pilot projects. The basic premise to bring forward the role of NGOs and other civil society organization is the recognition of the fact that society has begun to emerge as a sector in its own right and denying them solicited interaction will run the potential risk of ignoring a large set of stakeholders in the development objective. Hence, 3 sets of stakeholders are, key to the successful implementation of LGO 2001 and PO 2002 elected representatives, government officials and civil society opinion leaders (mostly represented through CBOs and NGOs). However, the engagement between public sector and NGOs, so far has remained to tangible practical needs social service delivery, charity based philanthropy, legal aid and public safety. The space for joint policy processes and implementation has not been ventured with as much enthusiasm. One reason being the demand driven mode of functions of most NGOs, which has given them community representation in the first place. Where there are examples of advocacy and human rights organizations seeking policy change through open dialogue, which most of the time threaten the status quo, there is a common image of NGOs maintaining a confrontational course with the Government. Nevertheless, there are visible incidences of GoNGO interaction, which have not have resulted in building strong models for further replication and remained as sporadic, personality based isolated events. Analyzing the dynamics in play behind these best practices can open the doors for further experimentation and hence movement towards viable models for GO-NGO cooperation. More
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importantly, the success of the local governance system among other things hinges on the linkages the system will develop with the local communities. Even though NGOs and CBOs occupy a rather small space in Pakistans low-trust society, they bring together people in voluntary frameworks irrespective of their status and kinship and hence are prominent harbingers for community voice to reach the government.
4.2
GoNGO Pilots
The TA team concludes that a major obstacle to GoNGO relationship-building lies in absence of clear operational guidelines and succinct rules of engagement between government and CSIs. The assumption is that if these are developed, GoNGO successes can become more easily adapted, scaled, modified or replicated in a variety of socio-cultural settings. The TA team recommends that this policy and procedural vacuum be treated as a priority. In the meantime the TA team is confident that by demonstrating working models of GoNGO synergy will highlight this priority and that the TAs outcomes will provide an impetus for action among Government, agencies such as the National Council for Social Welfare (NCSW), the Devolution Trust for Community Empowerment (DTCE), the Human Development Fund (HDF) et al. and principal donors supporting the Governance agenda. There is already evidence of this beginning to happen in Khairpur, Sialkot, Charsadda, Panjgur and Lahore where the activity initiated by the respective pilots has either been formally included in governmental budgets or long term commitments received in terms of funding, premises or other tangible support. The pilots are summarized below with a view to highlight the process as well as the lessons from them. Complete Pilot Action Plans (PAPs) and main deliverable of each of them (where available) are attached as Appendix-9. PILOT 1 MAINSTREAM MEDIA CONTENT, NATION-WIDE TELEVISION There is a vacuum of credible information regarding the spaces at the interface between Government and community organizations. Disseminating facts and GoNGO success stories through mainstream media can help build momentum towards greater citizen participation in governance and also provide Government with direct feedback on how best to make its devolution strategy successful. This pilot explored the viability of GoNGO partnerships in developing and disseminating content highlighting government-citizen synergies in the spaces created by current local government legislation through appropriate programme vehicles. Positioning NCSW as a focal point for developing programme content is relevant because this is a particularly weak area for most TV channels including Geo TV. However, the PAP design took into account NCSWs limited capacity to engage with the media along with other risk factors such as commercial motivation and journalistic slant. Content development, originally envisaged in partnership with a media school could not come through because of time constraints within the academic cycle. The NCSWs sparse internal professional resources, were further depleted by the departure of the Chairman, Secretary and Assistant Director, three key individuals GoNGO had primed to lead the effort. As a result, content preparation had to be outsourced. Meanwhile, Geo TV the media partner modified its original offer of a short, intensive campaign to one that is less intensive and spans a longer period. The efforts of the outsourced material development effort were less favourable than expected, primarily because there is little understanding within government and CSI partners regarding the nuances of what sells in commercial media and more importantly, the high cost of media production and air time. The pilot was constantly grappling with the high-cost requirements of the technical specialists who could not produce quality content without access to expensive studio, which the project had no way of providing. The second constraint was mounted by the low priority afforded to the GoNGO message by a highly commercialized medium such as cable television, where it invariably succumbed to news worthy messages. Here again the social capital of the TA team came to the rescue, with content being placed in a successful Urdu soap called Councillor, and invitations to a TA team member to appear in the prime-time Urdu talk show Pachas Minute. Given more effort and better backstopping from NCSW, and of course financial resources, such efforts can
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still be carried forward. Since the pilot ended, at least three new high profile news channels have made their debut. With the dearth of media content quite obvious, the potential for media partnerships is still enormous. The key lesson from this pilot is that the WIIFM52 principle underpins it as strongly as it does all public-private partnerships (PPPs). Profits remain the primary motivation of commercial partners, whether they are a media channel or an institution of higher education, even when they wish to work with Government in furthering a national cause such as social empowerment and good governance. In the case of the government, this pilot highlighted the hesitation on the part of the government to try emerging communication approaches and channels. Private sector counterparts avoid dealing with individuals in Government who are reluctant to understand the business case or take decisions. Making a business case for a GoNGO PPP, in this case was primarily NCSWs responsibility, who require to develop capacity for innovation and quick decision-making. If findings from the pilot could be generalized, commercial media would appear a difficult partner with the government in a GoNGO partnership. Primarily because the motive to sell copy drives the relationship on the one hand and the propensity to dictate on the other. Secondly, because the traditional tension between the sub- achcha53 culture of the typical government agency and the expos drive of the typical media channel seem fundamentally at odds. Another lesson is that for a media company like Geo current news takes precedence in preparing mainstream programming. Hence, during the pilot, events in WANA or the uniform issue, etc., were able to push aside GoNGO-related slots. A key aim of this pilot was to tie into a broader national project envisaged under the Decentralization Support Programme (DSP), and similar upcoming initiatives under the Access to Justice Programme (AJP) for which distinct resource allocations existed at the time the pilots were launched. However, DSP has since abandoned a long-term mass communication partnership with Geo. AJP meanwhile, is in the process of streamlining its communication strategy. The rationale for this pilot 10 remains sound and it has the 8 potential to build synergies Consequences Compatibility 6 with initiatives managed by the National Reconstruction 4 Bureau (NRB), the 2 Devolution Trust for 0 Community Empowerment (DTCE) and funding Capacity Credibility institutions, such as UNDP or CIDA. Consequently, the long-term sustainability of this pilot lies in establishing relationships with identified Continuity Championship donor-funded communication projects or even corporate sponsors who can help convey the GoNGO message in mainstream media. The Issue is that of NCSWs vision and capacity to do so.
Communication
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PILOT 2 GoNGO TRAINING MODULES AT PROVINCIAL INSTITUTES The GoNGO interface has been traditionally and generally characterized by lack of mutual credibility and sustained coordination with the resultant ignorance of each others capacity. In pre-devolution state, the Provincial Local Government Training Institutes (LGTIs) only catered for the limited requirement of rural and urban municipal institutions created under LGO 1979. The law and its products had no provision for a formalised interface with the citizenry as the elected representatives were assumed to be the proxy for the community at large. LGO, 2001 has, however, changed the dimensions and magnitude of the local government institutions by way of devolving many provincial government functions and by creation of institutional spaces for GoNGO interface. This very change has created a huge demand on all the players to respond to the new realities for their mutual compatibility. GoNGO Teams institutional analysis and wider consultation revealed a huge capacity gap in devolved offices and CSOs to forge the required partnerships. It has been observed that the what and how of mechanisms has not been fully understood both by government functionaries and civil society actors. The concept is new for most of the stakeholders, especially in the public sector. For example, a significant mechanism for community involvement identified in the LGO is the establishment of citizen community boards, at the governmental end; it is the responsibility of EDO Community Development. In most instances the EDOs-CD lack both understanding and capacity to undertake the task. On the other hand, the civil society actors also appear to lack full understanding of spaces that have been created for civil society participation in the governance and development processes under the new system. Hence the need for capacity building of both actors is immense. Attempts have been made both in the public and NGO sector to address this need. The LGTIs are still under-equipped in terms of trained human and material resource to bridge the existing capacity gap. Even the patchy but largely successful models of GONGO partnerships especially in the realm of service delivery have neither been resourced nor systematically disseminated by these institutions for a wider understanding and application. In most of the cases, adjoining local governments and CSOs have been found only vaguely informed about the Communication initiatives in neighbouring 10 jurisdictions. Absence of 8 secondary legislation on Consequences Compatibility 6 the subject and the lack of ownership and 4 championship in the 2 government being principle 0 reasons behind this voluntary ignorance. Capacity Credibility The pilot envisaged the development and running of a module on community Continuity Championship involvement and PublicPrivate Partnership with the active assistance of NGORC- an affiliate of Aga Khan Foundation (AKF).The major purpose of developing and running a module at LGTI is to institutionalise such capacity building within the framework of government capacity building initiatives for effective and continued support for the purpose. NGORC had been working on capacity development of local government functionaries and elected members as well as civil society actors for effective involvement of civil society in the governance and development initiatives. In this regard they have organised several training programs for EDOs-CD and NGO stakeholders. The major focus of their program is to strengthen the
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local government for effective community participation. These trainings included detailed conceptual orientation on community action as well as CCB mechanism, stipulated in LGO 2001.Through this pilot project, a comprehensive training module was developed and delivered by NGORC for EDOCDs and local NGOs. The training module includes: Orientation on basic principles of community participation Detailed orientation on various spaces and mechanisms stipulated in LGO 2001 Knowledge & skills required to implement those mechanisms, specifically CCBs Training workshops were piloted in Islamabad and Lahore, with the Director General Local Government Punjab as a resource-person. Training module developed for the purpose was provided to LGTI to mainstream this activity in future. Results of the Pilot show that despite a very high compatibility of the concept for all partners and mutually beneficial consequences, the championship of the intended activities remained very low on the part of leadership of LG Department. Communication between the Department and LGTI was also weak due to lack of ownership which may hamper the continuity of the intervention in future. However, NGORC and LGTI Lalamusa with the assistance of GoNGO team showed good progress in forging a partnership and developed mutual credibility, as a result of successful delivery of the module to a good mix of NGOs and government officials. PILOT 3 WOMENS LEGAL EMPOWERMENT CENTRE, SIALKOT DISTRICT LGO, 2001 has created an unprecedented statutory space for womens political participation in the local government system but most of the women elected at different levels of local government are political beginners. These women face a primary challenge in performing their newly acquired role. Learning about the complicated system, their own rights and duties and communication skills in the (until recently) mans world of district level politics is a natural requirement. In 2002, the Aurat Foundation (AF) formulated a capacity building program with the support of German Technical Cooperation (GTZ) to strengthen the newly elected women councillors in 22 of the 24 districts of NWFP. In this program, two-day district level training workshops were conducted for women councillors. To follow-up on training, women councillors resource centres were established in selected districts where relevant information materials prepared by Aurat Foundation (both pictorial and in Urdu language) are made available to women councillors. In addition, the Communication Aurat Foundation facilitated 10 the establishment of a network of local resource 8 persons related to various Consequences Compatibility 6 fields of governance in order 4 to provide field support to elected councillors as and 2 when needed by them. In 0 order to ensure the Capacity Credibility sustainability of the process, AF established a local management committee for day to day management of resource centre.
Continuity Championship
TA-3618 sought to replicate the NWFP based initiative in a different social setting and studied it through the
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analytical framework of 7Cs that forms the basic theoretical basis of this project. The following lessons came forth from the pilot: An effective communication interface between the three protagonists viz., Aurat Foundation (AF), the female councilors and local officials was established. The proceedings of the project showed that the importance of this interface was more crucial in the case of the first two, as the support of officials, though necessary, was not crucial in view of the scope of the pilot. Because of the track record of AF in similar initiatives, their acceptance in terms of credibility was high amongst the partners, especially the elected councilors and it helped the initiative take root. The pilot managed to find a number of champions amongst the beneficiaries who showed a high level of confidence in their own potential to learn legislative skills, and also the capacity of AF to impart the requisite services to them. Interaction with the protagonists shows that the capacity enhancement of the female councilors as a result of the pilot enhanced their capability in playing a more effective role in the proceedings of the local councils. It resulted in positive consequences for their perception of their position in the political equation.
The success record of the pilot has led to its adoption for funding by another donor agency, validating the assumptions formulated at the planning stage.
PILOT 4 CITIZEN POLICE LIAISON COMMITTEE (CPLC), LAHORE CITY DISTRICT Police Order 2002 provides for various institutional spaces for the inclusion of the citizenry for the purpose of oversight of policing functions as well as for redressing public grievances. However, the institution of Citizen - Police Liaison Committee (CPLC) has been envisaged as the only institution involving voluntary association of citizens for the performance of its mandated functions. It is assumed that the much talked about Karachi CPLC model, although in a much diluted form, has been the source of inspiration behind the introduction of the concept in the new law. Like other Police Order institutions, the provincial governments have failed to establish the CPLCs with the exception of very few half baked attempts. Even these nascent trials seem marred with a lack of clarity in terms of institutional framework under the law and ownership deficit on the part of government and police. The situation becomes bleaker with an inhibited civil society, not really ready to come forward on its own motion. As a result, an essentially voluntary institution seems to be turning into a nominated organ of the government. Owing to the importance of the institution due to its perceived link with community and police and so with the GoNGO objectives, the pilot on newly created CPLC Lahore was selected with following aims; To develop the capacity of the new institution by way of creating its linkages with the already established models in the connected spheres and concerned government agencies. To provide support with provision of basic equipment like computer etc. To frame the much needed rules for institutionally operationalizing the CPLC.
The Punjab Social Services Board (PSSB) which was at time of initiation of the Pilot headed by a very spirited retired Inspector General of Police (IGP) was selected as the partner organisation to work with GoNGO team. A strong liaison was also established with the Karachi CPLC and LHRLA (Lawyers for Human Rights and Legal Aid) to create requisite institutional linkages. CPLC Lahore notified as a nominated body by the provincial government, is headed by a retired judge of the Lahore High Court with other members drawn from retired civil servants, elected representatives, business and minorities. Activities started with the conduct of first meeting of CPLC followed by a series of orientation sessions. The Pilot also involved a visit of CPLC members to Karachi with detailed briefings by the CPLC Karachi and LHRLA volunteers. Members also visited the Madadgara project of LHRLA for redressing the public complaints against private or police coercion with the
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assistance of Karachi CPLC. They also undertook an orientation visit of Madadgar 15 a rapid response system developed by the Karachi police. These activities provided the basic familiarization with the existing models and innovations some of which are directly related to the new mandate of CPLC. That particularly proved beneficial to bring the CPLC members from varied backgrounds together with a shared sensitization of issues and common vision regarding their future role. A closer acquaintance with CPLC Karachi, however, proved energising as well as confusing at the same time. The CPLC Karachi which had gradually but rapidly gained ground with the championship of successive Governors, is still continuing according to its own charter which has now come into conflict with a very restricted mandate of CPLC under the Police Order 2002 but at the same time it provides the only working model in this realm. Despite a marathon pursuit, the Pilot could not succeed in getting the bylaws for CPLC framed and notified by the government. A manifest lack of ownership by the government can be attributed to this failure. Almost all of the institutions with spaces for citizenry faced the same fate. During the time of Pilot activity, the implementation of Police Order on these counts remained in limbo followed by various changes later. In order to draw lessons from the Pilot as against the framework of seven Cs, a Communication comparison can be drawn 10 with Karachi CPLC. Now known as a credible working 8 model of GoNGO interface, it Consequences Compatibility 6 started with the 4 championship of an exGovernor of the Sindh 2 province. Private persons 0 mainly from the business community and local police Capacity Credibility initially got around the issue of kidnapping for ransommainly confronting the business community and Continuity Championship seriously eroding the image of police and government. That clear compatibility coupled with mutually beneficial consequences provided the new institution with a firm foothold. The gradual strengthening of CPLC was not always received with ease by the Police but the growing credibility of the institution which even enhanced the capacity of the police to develop its out reach, ensured the continuity and sustainability of CPLC. The incorporation of the CPLC under the present law is reflective of this relationship which ensured the continuity but in a much restricted shape- devoid of the championship seen in case of Karachi. Despite an initial enabling legislation, the institution of CPLC figured in the Police Order in very vague and insignificant terms. Gravity of the issue increased as no rules have been framed by any province for setting up a framework for the institution. This reflects a clear lack of ownership on the part of government and police. This has impacted the credibility of the institution despite good compatibility and mutually rewarding consequences for all actors. Communication between the stake-holder remained generally smooth and the provincial police showed no pro-active and had to be approached for favour of support every time. Capacity of CPLC has gained due to the intervention but still remains wanting in many respects due to indicated constraints. Continuity, at least in the form, has been noticed with CPLC establishing its office in Chief Ministers secretariat but the real infusion of the spirit would certainly require a demonstrable degree of championship by the government.
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PILOT 5 CITIZENS FACILITATION CENTRE, KHAIRPUR DISTRICT It is an established fact that community participation adds to the sustainability of the projects and is a major ingredient of good governance. Lack of an enabling environment and an absence of institutionalized engagement of government and NGOs/Community have been major stumbling blocks in the way of any meaningful partnership between government and civil society. The new LGO has provided several avenues for the involvement of the civil society into the development process. However, the spaces created under the law are required to be institutionalized through the creation of working models of Go-NGO cooperation. GoNGO consultative process showed that despite the decentralization of various functions related to registration of voluntary organizations and Cooperative Societies, formation of CCBs etc. the District Governments and Civil Society Organizations have not been able to form a sustainable nexus to move forward in the required direction. An effort was made to develop a focussed and potentially sustainable intervention to facilitate the growth of new avenues of partnerships between civil society and government. The pilot was designed for potentially cross cutting and mutually beneficial consequences for and through the trio comprising of elected local government leadership, concerned officials and civil society. Citizens facilitation centre was established as a communication tool for the actors who are to play a role in the requisite institutionalization of new spaces for GoNGO interface. District Khairpur was selected due to championship of the District Nazim for the vibrant role of citizenry in the public domain, presence of a pro-active and credible civil society involved in advocacy and service delivery sectors- consultative process for the project indicated that almost 50% of CCBs in the district were product of NGOs involvement; and a receptive bureaucracy. Methodology involved the selection of a credible partner in the shape of Indus Resource Centre with local presence and continued history of successful partnerships and the basic capacity to deliver the intended outcomes. The pilot was able to establish the coordination between all the actors by way of capitalizing on their individual capacities. The Facilitation Centre was established in the office of District Government. A baseline Database on citizen organizations including NGOs, cooperatives and CCBs was Communication prepared with geographical 10 and sectoral mapping of 8 such organizations working Consequences Compatibility in the districts. Resource 6 manual indicating the 4 guidelines for NGO 2 registration and CCB formation was prepared and 0 handed over to EDO Capacity Credibility Community Development for the use of officials, elected representatives and citizens. Database and Manual are ready for the use for all three Continuity Championship tiers of local governments for general reference, guidance; and mapping of interventions, resources and civil society actors. This may be used by other groups of offices of the district government especially Education and Health for the identification of potential partners and developing effective out reach. Various other vertical interventions and initiatives can also make use of the baseline data. This has already proved effective
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for consolidating the information for the use of Provincial Government which is considering its replication in all the districts of the province. For the sustainability of the intervention, the owner ship of the District Government is critical which has committed to provide the regular budgetary support for the centre. Even in the absence of elected district governments, at least three other DCOs have contacted the GoNGO team to share the design and resource material for replication. However, the efficacy of pilot products as well as the role of NCSW and provincial government would be vital for the wider and improved replication and much required up-scaling at higher levels. The results clearly show that to make initial inroads in a largely un-chartered territory, initial championship and finding common & compatible ground is essential for the partners to start working together. An agreement on mutually rewarding consequences while avoiding the potential areas of conflict, at least in the initial phase of partnership, may ensure the continuity in the mutual benefit of partners. Even an initial will to work together reflects a form of capacity which can be further augmented, borrowed or graftedcredibility may even follow or nurtured during the process. PILOT 6 GOOD GOVERNANCE NETWORK, GWADAR DISTRICT The Nazim of District Kech, in an effort to make the district government responsive to citizens aspirations, established a para-statutory mechanism for interaction between the three protagonists of the GoNGO equation. This Good Governance Network consisted of all the members of district assembly, all the national and international NGOs working in Kech and all the Executive District Officers (EDOs) of the district government. The network met bi-monthly at the district government offices and Strengthening Participatory Organizations (SPO), a national NGO, provided the role of a facilitator. The plans and progress of the district were discussed on this forum. An open door policy was adopted whereby any citizen could come to the meeting and participate. TA-3618 sought the replication of this initiative in the neighboring Gwadar district. SPO facilitated the formation of the network in Gwadar and documented the process in the form of an operational manual for the formation and facilitation of such networks. The Nazim of Kech district also participated in convincing his counterpart in the neighboring district and Communication providing practical tips for 10 the network. The network remained active until the 8 dissolution of local Consequences Compatibility 6 governments for elections. The observations on the pilot 4 are as follows: 2 The factors of championship and Capacity Credibility confidence are perhaps the most important ones for this pilot. The Continuity Championship unequivocal passion of the Nazims for community responsiveness, the understanding of the participatory paradigm by the councilors and the mutual confidence between the three protagonists contributed towards the success of the pilot. The openness in the governance patterns at the district level fostered an environment of free communication amongst the people, the service providers and the representatives.
0
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The involvement of a national NGO with vast experience of capacity building helped facilitate and document the process. With an eye on winning peoples confidence and as a consequence their political support, the elected representatives supported the GoNGO interaction. This in itself is a remarkable outcome of the pilot that the elected representatives have bought-in to the idea that a constructive engagement with the NGOs can give them political mileage. Both the Nazims, by virtue of their long affiliation with a left-leaning political party, were capable of mobilizing both their allies within the assembly as well as amongst the general public to make the network viable.
PILOT 7 MUNICIPAL SERVICE DELIVERY SCORE CARD, CHARSADDA TEHSIL The Municipal Service Delivery Score Card Charsadda was a project carried out at the tehsil level in close interaction with the TMA to cover the urban areas of Charsadda. The project provided a successful example of how to create capacities and bring in the right expertise for social audit with active support of the Government through out wherever required. After the various processes of community and stakeholder involvement, the project carried out field survey and came out with the results of community feedback on four elements of service delivery of street lights, water supply, sanitation and road conditions. Services delivery scorecard is an authentic document made with the joint efforts of community, CSI, TMA, NCSW, ADB, TA Go-NGO. TMA can further improve its services delivery if they take the feedback from community into consideration. The salient features of the experience in perspective of GO-CSI relations was as follows: During the project, the partner NGO, HDOD had established communication channels with TMO, ACO, Tehsil Nazim, elected members, social workers, community and the TA Focal Person. The partner NGO HDOD felt that regular communication has been very important in its conducting of the project. It has helped in better understanding between partners, resolved potential conflicts and has resulted in effective coordination and implementation of activities. This will help the NGO in its future undertakings also with the stakeholders. The participatory approach in implementation of projects activities and feedback from partners in orientation workshops has led to establishing the credibility of the partners. Getting the feedback on Communication activities and incorporating 10 the same in the future steps 8 resulted in successful Consequences Compatibility 6 completion of the project. It was only because of the 4 better understanding and 2 coordination among the 0 stakeholders. However when the survey was completed Capacity Credibility by HDOD, the TMO expressed his feelings that TMA staff should have been used to conduct the survey. Continuity Championship As per the partner NGO, it was an excellent learning experience for them to work with both service providers and recipients i.e. TMA and community. It has further augmented the capacities of HDOD and the TMA, including both elected representatives to work with each other and improved their vision and approach for conducting such GO-NGO activities.
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The seven Cs model presented by the TA team was proven in its entirety in this particular pilot. The following illustrate the case: Extensive and regular communication between the partners has come out as one very significant element of the GO-NGO relationship. This inline with the seven Cs model appears to be very essential for any future GO-NGO project. The HDOD head constantly moved around meeting the elected representatives, government functionaries, the survey expert, the TA focal person and other stakeholders in Charsadda to keep the communication channel open throughout highlighting issues there and then and getting solutions immediately. Credibility of the partners established at the start enables partners to communicate effectively and to cooperate on all steps and actions taken during the project. Conviction in the objectives of the pilot is then achieved easily. The project led by the partner NGO headed by a Nazim who had good reputation and therefore credibility with support of a dynamic tehsil Nazim who shared the same conviction made this possible. The pilot project benefited by an active NGO head/Nazim and cooperative Tehsil Nazim and TMA staff. The champions, therefore, made the project successful and championship is seen as an important element for a successful GO-NGO relationship. The capacities of the partners in the technical aspects being limited were compensated by their capacities to accommodate, learn and cooperate. This stood out as an important factor for enhancing the GO-NGO cooperation, capacities and coordination. Where outside expertise like that of a survey expert was acquired to fill in the technical deficiencies, the partner NGO through effective coordination ensured that a team is created which gives out the output. The overall impact of the project was envisaged to be improved service delivery and greater involvement of citizens. The belief in the beneficial consequences of the pilot was an element contributing to effective implementation of the project and provides the same lesson for future GONGO projects. PILOT 8 CCBs THROUGH ACADEMIA, RURAL & URBAN COUNCILS PESHAWAR The pilot involved the establishment and strengthening of at least 4-model representative CCBs (at least one for female) in two Union Councils of District Peshawar through the active involvement of academia. Union Council Shaheen Muslim Town-I and UC Kaneeza, Town-II Peshawar were selected for the purpose. The partner NGO IRDS, Nazims, Naib Nazims and Union Administration of both the UCs and students of Institute of Development Studies, Agricultural University, Peshawar were actively involved in the process of community mobilization. The Project was completed in four phases viz Orientation and Awareness, Formation and Registration, Capacity Building/Strengthening, Project Development and Approval by the concerned Union Councils. A number of orientation and training workshops were held in IRDS, in the Union Councils and the Community. The output targets of four pilots were successfully met with one additional CCB formed on public demand while two of the CCBs formed by the present Project were able to get their projects approved for funding by the City District Government again exceeding the target one approved proposal. The salient features of the experience in relationship to GO-NGO relations was as follows: The Project in addition to achieving its targets could also be termed as a successful experience in terms of GO-NGO partnership. This can be seen in terms of agreement between the two partners, Government and NGO , on the basic concept of the Project; setting project objectives and progress indicators and principle that academia (students and faculty) should be actively involved in the Project processes. The Project was also successful to muster the support of both elected and Government representatives in Union Councils. The IRDS management and stakeholders regularly reviewed the Project activities and obtained views of the stakeholders on regular basis to analyze the strengths and weaknesses of the project vis--vis potential threats and opportunities. As a unique feature the academia was involved in the entire process of project implementation. Although the project was unable to muster active support of the Faculty Members at
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later stages, the role and involvement of students in the project is very much appreciated. Evaluating their first practical experience in the field, the students stated that the project had provided them an opportunity to come out of the theoretical environment and develop a direct contact with the community for learning the dynamics of community based projects which was an enriching exercise for them. Due to a very close interaction, the project was a source of confidence building and credibility between the partners. Various variables of the 7-Cs model evident during the pilot project implementation were: The project provided an opportunity to the stakeholders to work in close coordination with each other. The Project enabled the stakeholders to understand, recognize and build upon each others strengths and weaknesses through effective communication, credibility of mutual efforts and conviction in the achievement of objectives. The active involvement of the Union Nazims, Naib Nazims and Union Administration enabled the Partner NGO and its team to coordinate and communicate easily with the community members. Therefore periodic and Communication credible communication 10 between partners stands out 8 as a significant GO-NGO Consequences Compatibility dynamic. 6 The Project was 4 successful in building the 2 capacities of all concerned 0 partners, particularly, the elected representatives and Capacity Credibility Union administration, for a more effective project appraisal and implementation. IRDS had Continuity Championship experience and strong capacity in the field of CCBs and working with the community. This capacity variable stood out as the most effective element of GO-NGO framework in the pilot. The Project also provided an opportunity to the academia through students to involve practically in the project activities at the grassroots level. Thus academia can serve as a very effective group of the civil society whose energies can be utilized for projects of GO-NGO Cooperation. PILOT 9 INSAF/MUSALIHAT COMMITTEES, KILA KASI UNION COUNCIL The LGO-2001 and PO-2002 provide for some spaces for coordination and cooperation between these actors in an institutionalised manner. Musalihat Committee is one such statutory mechanism designed for improving citizens access to justice by providing them with alternate dispute resolution services in their own vicinity. It was transpired in the initial phase of this TA that the formation and effectiveness of Musalihat Committees, despite them having a great potential for serving a much needed sector of society, was less than encouraging. During the desk review and consultation with subject specialists, a major impediment in proliferation of this mechanism was found to be lack of secondary legislation and skills in alternate dispute resolution. Building upon the nascent initiative of a Quetta based NGO, TA-3618 sought to test out these assumptions and assisted the said NGO, Tehreek, in strengthening Insaaf and Musalihat Committees in Union Council Kila Kasi, through formulation of bylaws and providing training in alternate dispute
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resolution. The purpose was to document the process of formation and strengthening of these committees for wider replication. The lessons learnt from the pilot are: The continued communication and mutual confidence between the participating NGO Tehreek and the elected members of Union Council made the formation of the Musalihat Anjuman, creation of a database of cases reported and resolved through it, and training of the members of Insaaf and Musalihat committees in alternate dispute resolution possible. The existing capacity within the community of upgrading a traditional system of community based dispute resolution proved to be a great help. A lack of clear instructions on the part of senior police officers for their junior officials to participate in GoNGO activities hampered confidence building between this and the other two protagonists. Despite this lack of officialdom, the related officials coordinated with the Musalihat Anjuman and Tehreek on informal basis. This happened mainly because of social pressure exerted by the community champions for the initiatives who were identified and mobilized by Tehreek who put their weight behind the initiative in both formal and informal ways. The initiative gained impetus after an initial slack period when the community observed the positive consequences of the initiative in the Communication form of increased 10 harmony and saved 8 litigation and other Consequences Compatibility social costs. 6 Tehreek was able to rally support of professional lawyers and trainers who were technically capable of providing quality service to the initiative free of cost, or on highly subsidized rates. This further fortifies the significance of social capital for the success of such initiatives.
4 2 0 Capacity Credibility
Continuity
Championship
The pilot has been studied and adopted for replication by another donor agency, in various districts of the country.
4.3
Lessons, Key Variables Success and Relevant Constraints
Having attempted to identify salient opportunities and impediments to an effective GoNGO interface indicates a number of viable avenues for action. Only a few could become the subject of pilot testing under this TA. Others requiring more sustained interventions may already be informing other initiatives under Decentralization Support-, Access to Justice-, Devolved Social Services Delivery-, or similar programmes implemented by ADB or other principal donor agencies like CIDA or JICA and others. A number of key issues identified by the TA team as requiring attention through the pilots are outlined below.
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1. Ambiguities in Inclusion and Exclusion Criteria: LGO 2001 provides for the inclusion of civil society participation in the newly envisaged spaces, but omits succinct criteria for the inclusion of private or non-official members. The same applies to members nominated to the Public Safety Commissions created under PO 2002, and to a lesser extent in Police Complaint Authorities. These are fundamental structural issues that threaten to undermine these otherwise far-reaching reforms by precluding institutionalization of genuine civil society participation in these bodies. The TA team was able to observe their negative impact in the field in the form of heightened scepticism and low buy-in of the system. Though outside its scope, the TA team strongly recommends that this issue be addressed as a priority through other ADB initiatives specifically targeted to reform at this level, if necessary, by reinterpreting the mandate of the DSP or AJP. 2. Gaps in Secondary Legislation: The existing laws have set the broad parameters for the creation and functioning of bodies such as Musalihat Committee and Citizen-Police Liaison Committee, but given the intimate citizen interface and the need to eliminate complexity and ambiguity, it is necessary to define more detailed rules of business, by-laws and linkages with other governance structures such as the judiciary. This TA has attempted to partially redress this through its pilot projects, especially on the CitizenPolice Liaison Committee (CPLC), Good Governance Network (GGN), Citizen Community Boards (CCBs) and Musalihat Committees. The models developed as an outcome of the pilots result of the TA outcomes may attract a more concerted interest in developing secondary legislation from policy level stakeholders. 3. Lack of Awareness and Capacity across Various Levels: The pervasive and general lack of awareness about the opportunities of decentralized governance is striking at all the various levels of civic interaction. This is clearly a major cause of concern, in that it may be critical variable in the relatively unenthusiastic participation of civil society in making the new governance structures work. There is no doubt that civic participation is a prime determinant of the ultimate success of Devolution. This TA chose specific but illustrative with the media and other stakeholders one of the pilots. This initiative met with less success than originally expected primarily because the TA did not have access to the quantum of resources required to go into sustaining a campaign in the commercial media. A similar public awareness thrust planned by DSP too could not be carried through. Despite the realization that a public awareness task of this nature is too large for a three month pilot, the TA team is convinced of the relevance and appropriateness of its model and that Public Awareness is a crosscutting theme in projects in support of decentralization. It is more likely to have met success perhaps through a communication-related technical investment proposal (TIP) under DSP. In summary, there is already significant evidence that these statutory spaces are not showing the promise that they inherently possess, and therefore, add to the perceived imperfection of the devolution process among a variety of other equally fundamental concerns. The TA team was able to observe that the statutory spaces may be becoming politicized and vulnerable to a number of interests at the local or national levels. Experience in the field shows that local decisions are best taken through a healthy and empowered political process. Yet there is ample evidence that the basic civic-ness that drives empowered local governance remains shaky in the present environment. The three key protagonists that must guarantee a harmonious dynamic for good governance partnerships remain fragmented. From the experience of the pilots the TA Team is convinced that local governance structures can not be seen in isolation from the provincial and federal level governance structures, processes and political culture. It has been observed in almost all the pilots that local GoNGO interface often reaches a possibility frontier where the support from the larger political and legal super-structure is needed for their sustenance. This is especially true in the cases where provincial and federal entities such as police and judiciary have a role to play. The less-than-optimal involvement of judiciary and police in the two pilots concerning the Musalihat Anjuman and Citizen Police Liaison Committee are cases in point. One salient reason for this is the absence of secondary legislation and clear rules of
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engagement, particularly for the government officials. The dynamics and genesis of local power structure has a strong bearing on the performance of a GoNGO interface. It can be safely surmised that in at least two out of nine pilots undertaken under TA-3618, the three district Nazims demonstrated exceptionally high championship of the initiatives, which had to do with public access to information. Incidentally, all three are seasoned political activists with strong ideological backgrounds. And perhaps, quite significantly, the personal social capital of TA Team members proved to be an important asset in realizing a lot of pilots. All the members of the TA Team were in unique positions by virtue of their respective experience and professional and individual relationships with various segments of society. The implication here is that the overall lack of mutual trust and the resulting low capacity of the three protagonists to come together spontaneously into viable GoNGO interfaces is overcome effectively by injecting social capital into the equation. This is a tendency that is often mentioned in discussions about the socio-political culture in Pakistan, which this TA has been able to confirm by experience. The lesson therefore is that such a situation necessitates the organisation of a continuous dialogue between all sections of the society to bridge the confidence and capacity gaps. An that the role of organizer and facilitator of these dialogues at federal and provincial levels may well be played by a strengthened and reformed NCSW . As a consequence the TA team can support its initial assumptions regarding the critical variables that determine success for GoNGO partnerships, namely: 1. Communication 5. Capacity 2. Compatibility 6. Continuity 3. Credibility 7. Consequences 4. Championship
Likewise, four constraints to success of GoNGO partnerships, as identified and discussed, can be confirmed, namely: 1. 2. 3. 4. Law and Regulation Knowledge & Practice Perception & Attitude Capability & Skills
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Communication 10 8 Consequences 6 4 2 0 Capacity Credibility Compatibility
Continuity
Championship
4.4
Practical Implications of GoNGO partnerships
4.4.1 Terms of Engagement: In many projects there may be some objectives related to changing the environments (political and administrative) within which community development interventions are carried out. These may include, for example, "leaders, technical experts, and civil servants changing from a provision approach to a facilitating self-help approach." Other objectives may refer to developing and institutionalizing programmes and actions of empowering low income communities by the relevant ministries and departments. In many instances there is a need to involve nongovernmental organizations in carrying out this work. To create a legal and institutional framework as well as to allow Government to provide a leadership role in community development with the assistance of NGOs, it is necessary to have clearly defined rules of engagement, approved by the Government, which codifies its principles and policies regarding interaction with NGOs, in particular, and larger civil society in general. The Government should: Facilitate and promote the free development of NGOs and other civic initiatives and ensure that civic involvement in society remains unrestricted and is encouraged. Support the adoption, amendment or implementation of legislation with a view to establish a receptive environment for NGOs, allowing them to be created without obstacles and to operate freely; Encourage the involvement of NGOs in activities aimed at promoting transparency and dialogue, inter-religious and interethnic harmony and the values of tolerance and multiculturalism.
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Promote an increased participation of citizens and residents in political and social affairs by incorporating education for democracy and social responsibility in the education system and by supporting NGOs public awareness-raising activities. Facilitate NGOs direct and indirect (interalia through tax benefits) access to funds, whether from private or state sources. Ensure that access to funding for NGOs remains unimpeded and legitimate restrictions by governments on access to foreign funds are crafted in line with internationally recognized standards. Support the creation of regional NGO networks in various sectors in order to promote a regional approach to civic action, thus fostering communication, co-operation and the exchange of best practices between various regions. Improve communication between public administration and NGOs to ensure transparency of the administration and the legislative process, as a means to increase citizens confidence in the activities of public institutions and to eliminate bureaucratic sources of corruption. Promote state-NGO partnerships and develop mechanisms for the engagement and consultation of NGOs on a sustained and systematic basis, in areas where NGOs have experience and which directly affect their work and constituencies. Such mechanisms will respect the diversity of opinions on both sides, ensure openness of communication, and be based on agreed ground rules. CSIs should: Be truly with people and not impose their agendas on them - be rooted in issues at home, have some definable constituency or membership; Have open democratic working systems, gender parity, consultative problem-solving, nondiscriminatory practices; Have clear conflict of interest guidelines with a clear definition of accountability measures for institution and staff; Have mechanisms established for transparent flow of information such as annual report and audited financial statements; Be non-profit, non-party political Foster justice and equity, alleviate poverty and preserve cultural integrity; Endeavour to enhance the total environment - physical, biological and human; Base all their work on the resources available to the people, their expertise, existing institutions, culture and religions; be self-sufficient while remaining open to the assistance offered by their various partners; Articulate a broad political framework and code of ethics to guide their internal operations and their work with community groups and people's organizations, as well as their relations with the Government; Ensure the highest levels of accountability, starting with their own constituencies - the people. This includes uncompromising evaluations involving the participation of the local populations. 4.4.2 Case for a National Policy Dialogue: The lack of institutional mechanisms for governmentNGO collaboration is one of the key reasons for absence of active dialogue between the two. There are however, several factors for insufficient efforts towards developing institutional mechanism one of which is a general lack of trust between government and civil society largely represented by the NGOs. Past efforts have been mere ice-breakers without leading to identification of successful GONGO cooperation.
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There is an expressed need to discuss and develop mechanisms for institutionalizing closer coordination among government and civil society. A continuing mechanism for governments and NGOs to promote dialogue, share information, explore possible field projects with an emphasis on joint-collaboration, and discuss relevant rural development issues is also essential for successful implementation of the Local Government Ordinance 2001 and Police Order 2002. However, there are a number of issues as well as opportunities for GO-NGO cooperation, an analysis of which is crucial for a meaningful partnership framework. 4.4.3 Objectives of a Policy Dialogue: In the hope that GO-NGO dialogue will move beyond policylevel discussions, and result in the defining of concrete forms of collaboration and possibly even the identifying of potential pilot projects, a fruitful dialogue must address the following two objectives: Presentation and discussion on the NGO sector in order to broaden awareness of their functioning; and Bring together key representatives of government and NGOs to jointly discuss development priorities in specific sectors and identify areas for GO-NGO collaboration. The selection of participants must be done with extreme care and an underlying emphasis on kind of work NGOs are involved in. The participants will largely be consisted of executive directors, chief operating officers, or senior management staff of national and local NGOs as well as NGO networks. The representatives from government agencies will also be consisted of higher tier of decision makers and implementers such as Secretaries and Additional/Joint Secretaries involved in policy and operations. The high level of participation of government officials must be ensured to indicate the attention and commitment of the government towards such consultations. 4.4.4 Issues for Discussion: Several issues of mutual concern will be deliberated in detail. Following is a list of key issues that will be considered for the dialogue, however this list is not exhaustive: NGOs vis--vis the private sector a clear distinction between development-oriented and business organizations when referring to participation by the "private sector" in policy- and decision-making bodies and in government programs. Guidelines for GO-NGO partnership formulation of a code of ethics for GO-NGO partnership in development programs. Accreditation of NGOs if accreditation of NGOs is made mandatory as a prerequisite for collaboration with government, identification of simple, non-bureaucratic means for granting formal recognition to NGOs. Official Development Assistance a manual of guidelines for external assistance to joint GONGO projects to be requested from multi- and bi-lateral donor agencies. Government organizing efforts assess merits of the principle of subsidiary versus duplication of tasks already being performed by government or NGOs e.g. avoid creating CCBs in areas where local NGOs are already exist rather given them CCB status. Nature of NGO participation in government programs involvement in project development from planning, to implementation, monitoring and evaluation; regular GO-NGO dialogue and field-level interactions; formation of Regional Information Centers to help effectively decentralize information about development programs. Establishment of effective NGO liaison desks in government not only to serve as information centres but also to have the authority to decide on matters requiring immediate attention. Bureaucracy and "red tape" effective decentralization of government structures, decisions and resources through instilling simpler procedures and accounting and auditing requirements.
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Integration of sectoral concerns identify areas for cooperation in various development sectors to share resources such as training centres and office space. NGO components in externally funded projects development programs and projects of the multi- and bilateral donor agencies with the government incorporate NGO involvement. In addition, government agencies while developing project proposals and preparing country reviews seek NGOs input. 4.4.5 Expected Outputs: The follow up actions for the draft policy recommendations will also be identified as part of the policy dialogue with clear sets of roles and responsibilities and mechanisms for sharing information on progress against each action. In addition to the draft policy recommendations, a joint working committee will be formed which will oversee the progress on commitments made and actions identified during the policy dialogue.
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An institutional framework for GoNGO
RECOMMENDATIONS
5.1 National Apex Body for GoNGO
5.0
The recognized gulf between the government and the non-governmental sectors lies at the heart of the many fault-lines that characterize Pakistans development scenario. Put simplistically, if the State and its Civil Society counterparts can begin to appreciate each others role in national development and develop a healthier respect for each, the people as a whole would end up being better governed and better provided for. In an environment where civil society organizations (CSOs) label government as corrupt, coercive and lacking in vision and the state accuses NGOs as being opaque, disreputable and agendadriven, both sides have reason to be apprehensive of each other. The chasm of mutual distrust has been un-bridged since 1994, when the governments last significant attempt at rallying civil society support for updated legislation governing the non-governmental organizations (NGOs) ended in disappointment. As NGOs fear the governments efforts to instil accountability in their sector, Government resents their secret agendas. Local Government Ordinance 2000, adopted by the provinces, at the behest of the federal government has essentially transferred power from the provincial governments to the districts. What role would the NCSW play under the changed circumstances of the devolution, particularly the Police Order, 2002, combined with Judgements of the Superior Judiciary and executive orders in their support, all point to a significant beginning for creating opportunities for GoNGO cooperation. If nurtured through a strategic process of well-targeted public awareness, institutional development, capacity-building and knowledge exchange, GoNGO could well usher in the next era for Pakistans development. A well-thought through process of dialogue can end the stalemate and develop better understanding between Government and NGOs. A set of guiding principles, agreed to by stakeholders can help evolve synergies towards a shared sustainable development vision and clearly defined goals. Now may indeed be an opportune time, as the government recognizes the role of citizen organizations not simply as welfare vehicles, but as the conscience of society.
5.2
A Case for Sustained Institutional Support
The TA Team finds that in order to promote optimal GoNGO engagement so it can sustain devolved good governance as envisaged under the LGO 2001, actions can be arrayed around three key areas: A conducive policy-regulatory environment, which under the present circumstances requires a policy shift from Government seeking to impose intrusive regulation, to NGOs offering accountable disclosure and third party verification. This implies the enactment of suitable legislation that grasps the ethos of GoNGO engagement as partnerships between the three key GoNGO protagonists and allows for the government to look upon NGOs as allies, while NGOs engage with Government without fear of coercion. Action: Legislation Review and National Validation leading to draft Law in parliament a An empowered dialogue between stakeholders, with the three GoNGO protagonists duly represented, to give direction to Government policy on optimising the role of NGOs, and to debate and prioritize issues that require joint State-Citizen intercession on an ongoing basis. This implies including NGOs and civil society opinion leaders along with legislators and civil servants in any forum that discusses GoNGO engagement or aims to realize such future prospects as may optimise GoNGO cooperation to the benefit of civil society at large. Action: Inclusive institutionalized national debate mechanism b
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A sustainable institutional arrangement for operationalizing GoNGO engagement to the advantage of both, implying an independent national apex body charged with, and duly equipped and supported to fulfil a mandate that would include managing a national CSI database54, oversight, coordination and capacity-building of voluntary citizen-sector initiatives all over the country, with specific focus on local-level civil-society organizations who are not mature or sophisticated enough to benefit from the current funding opportunities. To enable NCSW to assume this role would require substantial effort. Action: Adequately resourced strategic re-structuring of NCSW c
5.3
Gearing up for Change
5.3.1 Institutional Reform at NCSW: The National Council of Social Welfare is uniquely placed to take forward the mandate of building and sustaining GoNGO relationships. In the ensuing paragraphs is an outline for re-casting NCSW in a new role suited to its evolving GoNGO mandate. National Council of Social Welfare came into being in 1952 under an executive order. Despite a lapse of many years, its existence has not been provided a legal cover through an act of parliament despite a landmark decision of the Supreme Court of Pakistan in 1987 that declared all such state organs extra-constitutional and directed the government to provide them a legal cover through legislation. The scope of activities of NCSW, as defined in its inception document and the subsequent amendments, is reflective of the development and welfare paradigm of 1950s whereby the state was considered the paramount perpetrator of all development and welfare activities and the communities were treated as virtually passive recipients of handouts from the state largesse. The concept of a social contract in a nation state has undergone a significant transformation since then and the respective roles of the state, the private sector and the civil society organisations in governance of society have been redefined all over the world, including Pakistan. 5.3.2 Rationale: The emerging focus on the role of civil society organisations as independent actors that are supposed to empower the communities with a view to the promotion of good governance has transformed the role of state organs from those of deliverers of goods and services into that of a regulator and facilitator. This newly defined role of the state requires the apex public sector bodies such as NCSW to expand their domain into knowledge management and facilitation of empowered dialogues between various groups of stakeholders in the society. The aforementioned role for a national apex body needs to be further defined keeping in mind the federal structure of the state of Pakistan, and also in the backdrop of the devolution of powers to grassroots levels under LGO 2001. This emerging scenario warrants a redefinition of the role of NCSW to perform a number of functions under a reformed institutional set up. A brief analysis of each of these proposed functions is given in the following narrative. 5.3.3 Structure: There are multiple laws under which the NGOs get themselves registered in Pakistan. The registration authorities under these laws exist at both federal and provincial levels. This multiplicity of registration regimes has resulted in a scattering of data about the number, activities and finances of NGOs over a vast geographical and institutional landscape. The absence of a central state organ responsible for consolidation of this information has led to a complete confusion about the state of NGO presence in the country. This does not augur well for both state and NGOs themselves. The state is left unable to incorporate the efforts of NGOs into its development statistics and the NGOs become vulnerable to speculations about their hidden agendas and non accountable practices. The function of formal registration and audit of NGOs registered under Voluntary Social Welfare Organisations Act is performed at the district level and the cumulative information about the provincial scenario is compiled at provincial level. On the other hand, the authorities responsible for registering NGOs under Societies Act, Cooperative Act and Companies Ordinance are based at provincial headquarters with little or no presence at the district level. There is no forum available at the
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provincial level where this information can be shared and consolidated. In the federal structure of the state of Pakistan, a national apex body will be as strong as its provincial counterparts. It is therefore proposed that the provincial social welfare boards/councils should be restructured and their functions redefined. They would work as repositories of information about the state of NGOs in their respective jurisdictions. The proposed composition of reformed provincial (and regional in case of AJK, FATA, FANA and ICT) apex social welfare councils is as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Chairman (Governor or Chief Minister)*55 Vice Chairman (Minister for Social Welfare)* Chief Executive Officer**56 Director General/Head Social Welfare Department* District Nazim (1) DCO (1) Representative of Industries Department* Representative of Cooperatives Department* Representative of Finance Department* Representative of Planning and Development Department* Representative from Academia or Citizen Sector (1) Representative from Chamber of Commerce (1) Representative from Media or Civil Society (1) Chairman Zakat Council* NGOs Representatives (4)
5.3.4 Proposed Functions The reformed apex bodies are expected to perform the following core functions within their respective jurisdictions: a) Information Management The Councils would meet on quarterly basis to review the registration and activity related data about NGOs from all the registering bodies, that would be compiled into consolidated databases. These provincial databases would be linked to a national database to be maintained by the National Council. The National Council is proposed to be comprising of the federal counterparts of the members of the aforementioned provincial Councils. b) Policy Research and Advice The apex body should be able to give advice to the government on the formulation and review of social welfare policies. This advice would best be supported by field and desk research. It is proposed that the research function of the Council should be strengthened. The technical capacity of the staff of the Council will need to be strengthened to undertake and manage research activities. NCSW may look into the option of publishing a periodic report on State of Social Welfare in Pakistan based on information compiled through its database and commissioned research reports. c) Stakeholders Dialogue An apex social welfare body is an ideal platform for facilitating an empowered dialogue between various sections of the society including the elected representatives at various levels, bureaucrats, donor agencies, NGOs, academia, media and the corporate sector. A tradition of a regular issuebased, sectoral or policy dialogue needs to be laid under the auspices of NCSW. It is proposed that a national conference on social welfare should be organized by NCSW as a regular annual event with participation from all parts and sectors of the country. d) Capacity Building The NCSW should strengthen its role of capacity building of NGOs through training. It may like to explore the options of hiring and retaining specialized training staff and also of strengthening a functional interface with other public and voluntary sector training institutions such as Social Welfare
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Training Institute (SWTI), Local Govt. Training Institute (LGTI), National Centre for Rural Development, NGORC, etc. e) Grant-Making NCSW should continue to run its small grant programme to small NGOs. It may like to focus its grant areas to the relatively neglected and the most marginalised sectors of welfare and rehabilitation of the disabled, care for the destitute and the elderly, patient welfare etc.
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GoNGO Project Report (Appendices)

APPENDICES
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APPENDICES
TERMS OF REFERENCE & DELIVERABLES ..................................................................55 METHODOLOGY ...............................................................................................................57 REVIEW OF ADB COUNTRY FRAMEWORK ...................................................................59 PROVINCIAL STAKEHOLDERS CONSULTATION WORKSHOPS ................................63 GOVT-NGO TERMS OF ENGAGEMENT ..........................................................................71 POLICY PAPER ON GOVT-NGO COOPERATION...........................................................75 GONGO CONTACTS.........................................................................................................79 DOCUMENTS REVIEWED ................................................................................................85 GONGO PILOT PROJECTS ..............................................................................................87 PILOT-1: MAINSTREAM MEDIA CAMPAIGN ................................................... 89 PILOT-2: GONGO MODULE FOR KEY DECISION-MAKERS .......................... 91 PILOT-3: WOMENS LEGAL EMPOWERMENT CENTRE ................................ 93 PILOT-4: CITIZEN-POLICE LIAISON COMMITTEE.......................................... 97 BYELAWS & RULES OF CPLC-LAHORE ................................. 101 PILOT-5: CITIZENS FACILITATION CENTRE ............................................... 107 KHAIRPUR CCBS AND NGOS DATABASE ............................. 110 CCBS RESOURCE MANUAL.................................................... 116 PILOT-6: GOOD GOVERNANCE NETWORK................................................. 186 TOOLKIT ................................................................................... 189 CASE STUDY............................................................................ 192 PILOT-7: MUNICIPAL SERVICE DELIVERY SCORE-CARD.......................... 193 SAMPLE QUESTIONNAIRE...................................................... 198 PILOT-8: STRENGTHENING CCBS THROUGH ACADEMIA ................... 205 PILOT-9: FORMATION OF MUSALIHAT/INSAAF COMMITTEES .................. 211 BYLAWS.................................................................................... 214 ALTERNATE DISPUTE RESOLUTION ..................................... 219 ENDNOTES ................................................................................................................228
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Appendix-1 TERMS OF REFERENCE & DELIVERABLES

1. Review Government-NGO cooperation (GoNGO) within State-Civil Society relationships towards a viable strategy for GoNGO engagement; DELIVERABLE: Analysis of GoNGO dynamics within current paradigm of Devolution 2. Identify GoNGO opportunities in the context of Local Government Ordinance[s] and the new Police Order as framework for further activity; DELIVERABLE: Recommendations for applying generalizable GoNGO elements 3. Evaluate institutional capacity of devolved institutions to engage with NGOs and devise a strategy for enhancing GoNGO capacity; DELIVERABLE: Assessment of gaps, needs, and capabilities within available options 4. Pilot test working models of GoNGO in the field with a focus on access to justice, development choices, accountability, capacity, rights and gender; DELIVERABLE: Documentation of learning from GoNGO models in the field 5. Contribute TA learning to policy dialogue and future Good Governance strategies other than strengthening NCSWs regulatory role; DELIVERABLE: Policy/Concept Paper informing Government-NGO engagement 6. Draft guidelines for GoNGO engagement in development projects to the scope and extent determined by the TAs Joint Working Group (JWG). DELIVERABLE: Draft Rules of Engagement for debate and possible adoption
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Appendix-2 METHODOLOGY
A detailed briefing by ADB launched the inception phase on 12 November 2003. In addition to validating the TORs with the National Council of Social Welfare, the TA team had the opportunity of being introduced to two key ADB Governancerelated programmes, namely the Decentralization Support Programme and the Access to Justice Programme. This was followed by a detailed inception planning session, attended by ADBs representative, during which the TA team reviewed their respective tasks within the TORs to: - arrive at a common understanding of the TAs overall objectives; - clarify the operational components of the TA; - confirm the deliverables expected; - identify archival and field resources to be tapped during inception; - identify individuals and organizations to be contacted; - agree on the optimal approach and possible modalities for the task; - confirm allocated time and resource targets - coordinate field and office-based work time and logistics; - isolate the possible constraints associated with proposed modalities; - establish a communication system for regular interaction; - finalize the initial Work Plan to be shared with ADB and NCSW The TA team unanimously agreed that the best approach would be to identify working models of Government-NGO cooperation at each of the levels of government, from Federal to Union Council, across specific thematic areas addressed in the Devolution Plan, and proceed to develop action plans to demonstrate these as pilots. This meant extending the inception mission by two extra weeks to physically validate each chosen working model, ensuring a more predictable and consequential outcome. The Inception Phase included: - Archival review and interviews with Government, Multilateral and Bilateral Agencies or programmes engaged in GoNGO-related work to collate examples of GoNGO cooperation; - Field visits to locations identified as having pilot potential, meeting with JWG members, counterparts and stakeholders to validate initial assessments; - Review if findings within the TA team and with counterparts at ADB, NCSW and other Governance-related programmes. The teams choice for a more sure-footed approach is in keeping with its promise that TA 3618 in its present incarnation would strive to add practical value to GoNGO relations and studiously avoid getting trapped into esoteric or judgmental
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debate. Consequently, the TA team visited projects and venues in each of the four provinces and attended four large-scale consultation meetings, in Sindh, Balochistan and the Punjab to validate their initial assumptions on formalizing each of the proposed pilots. The TA team interacted with over two hundred individuals in government and non-governmental organizations and communities in all four provinces, whose insights and experience yielded about 60 tentative possibilities for pilot testing. After eliminating duplication and working models not falling within time and resource parameters, a long shortlist of 15 was reviewed against do-ability criteria suggested by ADB. Of these a final selection of 9 potential pilots is part of this report, for validation by the Joint Working Group. Details of materials reviewed, interviews held, consultations conducted and sites visited appear in the Appendix.
In the context of this TA, the governance reforms have called for institutionalized mechanisms for GO-NGO cooperation and acceptance of CS as integral to the local governance paradigm by strengthening sub national constituencies that can exert pressure for citizen responsive governance structures, strengthened accountability and citizen centred development processes.
- TA-3816 TORs, 2003
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Appendix-3 REVIEW OF ADB COUNTRY FRAMEWORK

The Asian Development Bank (ADB) Country Framework is in continuation of ADBs efforts to enhance its interaction with the civil society in a meaningful partnership. A tri-partite collaboration involving civil society, Government and ADB, for poverty reduction and sustainable development is the primal objective. The framework lays out a road map of what will be done to enhance this tripartite cooperation, and thus needs to be referred to for its relevance and contextual setting given the geo-political, economic and developmental scenario of the developing member countries (DMCs) as well as the existing dynamics between governments and civil society. A review of this framework in the context of Pakistan highlights its relevance and appropriateness to the TA, which hopes to contribute to an iterative process of improvement. The table below summarizes the opinion of the TA team.
FRAMEWORK STRENGTHS 1. Relevance to the DMC context The framework acknowledges NGOs are a sector in its own right. This is important in the case of Pakistan where organised movement of civil society is rapidly emerging and being recognised as a separate sector. It is also noteworthy that the framework is developed with conscious knowledge that at present the ADBgovernment-NGO relationship is imbalanced which is limiting NGOs from contributing effectively. At the same time, the framework also appreciates that unique roles of the all three stakeholders and thus their relationships will never be fully balanced. This is used as a valid reason for focusing on strengthening relationships between ADB and NGOs and government and NGOs. The framework appreciates that one-size-fits-all approach will not be applicable given the unique contexts of different DMCs. Hence it goes on to promote an adaptive application of actions recommended in the framework. SUGGESTED IMPROVEMENT The term NGO although it includes a wider section of civil society representation, is nonetheless limiting in scope. This is specifically true in the context of Pakistan where there is a large gap between organised civil society CBOs, NGOs, WOs, VOs, welfare trusts etc. and informal civil society comprising of local elders, opinion makers, labour unions, student unions, media, academia, intelligentsia, press clubs, bar associations, etc. It is an underlying assumption that the relationships between ADB and DMC governments are cordial hence not requiring a direct focus through this framework. While this might be true nevertheless, this cordial relationship should be used to support the desired strengthening of ADB-NGO and governmentNGO dynamics. The framework is presently silent on this aspect. An increased commitment is desired from both governments and NGOs to devote increased resources to enhanced collaboration however, no concrete measure is suggested which will ensure willingness among governments and NGOs for doing this. There exists rivalry among NGOs as well as between NGOs and other stakeholder groups. The framework needs to identify strategies for addressing this aspect in order not to compromise the cooperation objective. Many NGOs might fear that with enhanced collaboration with government or ADB they may loose their image of objective analysis of the policies and therefore the ability to openly critic these. On the other hand, creation of a NGO Centre might run the risk of projecting an image that keeps NGOs separate from the serious ADB business and diverts their involvement through creating a separate
2. Institutional Means Identified The creation of dedicated staff positions for carrying out the implementation of this framework is a proof of serious commitment on part of ADB. In the context of Pakistan, a permanent position of NGO Liaison
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FRAMEWORK STRENGTHS Officer at the local Resident Mission is highly desirable especially in the face of recently growing friction between donor community and civil society. The framework encourages government representatives to be part of the monitoring and evaluation process together with the civil society, which is an important confidence and collaboration building measure.
SUGGESTED IMPROVEMENT window for dealing with NGOs. The image raiser for NGOC must be conscious of this thinking among NGOs and must design appropriate strategies to counter it. Identification of an apex body of NGOs or an NGO to set up agenda for consultation process might be a good strategy to ensure NGOs participation. However care must be taken while selecting NGOs for this purpose in order to ascertain that the cooperation agenda prevails over any partys own agendas. The idea for establishing an NGO small grant fund as a mechanism for direct involvement of NGOs in ADBs projects and program should be built around the existing experience of such mechanisms among other donor agencies. Setting criteria for small grants mechanism should keep in view the ADBs own CSP and the overall mission. With an active and vibrant NGOs/civil society community there is likelihood of increased and open criticism of governments and ADBs policies specially conjoined with policy based lending program. Designing effective means for dealing with this will remain a challenge for ADB. Selection criteria for identifying DMC for piloting of government NGO cooperation should include presence of a vibrant NGO sector as well as the size of ADBs programs in that country. A more important question is how ADB will communicate changes to the projects design and implementation plans that have been made as a result of feedback received from NGOs. The framework is currently silent on this aspect and needs to address this as it could be a strong confidence building measure between ADB and NGOs. It is claimed in paragraph 23 that due to ADBs conscious efforts for engaging NGOs, the overall participation of NGOs in ADB projects has increased from under 10% in 1990 to over 50% in just ten years time. To validate this claim the framework needs to provide evidence as well as the quality of this participation of NGOs. A lot of emphasis is laid upon the anticipated collaboration between ADB-government-NGOs that it will result in each stakeholder becoming more open to share their knowledge, resources and expertise. While for ADB, the framework has presented quite a few ways for going about this, no concrete incentives are identified for governments and NGOs to do this. Given the long history of non-cordial relations between the two, a closer analysis of why they will now be willing to openly collaborate and share knowledge and expertise is needed. The revision of the framework must look into this aspect. The revision of the framework must include an update on the recommended actions which have been
3. Knowledge Update It is a very positive commitment on part of ADB to pledge documentation of consultations and distribution as soon as possible within one month.
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FRAMEWORK STRENGTHS
SUGGESTED IMPROVEMENT implemented at the DMS level along with the lessons generated from these. Another key strategy is to network with other donors both bilateral and multi-lateral who work closely with NGOs. This will assist ADB in gaining significant insight into NGOs scope of work, sources of funding and nature of expertise as well as their credibility. In Pakistan, examples of such networks already exist although on thematic basis e.g. gender and environment. Any revision or review of the framework must dwell into identifying areas of significance that have emerged between the time this framework was developed and at the time of its revision.
4. Process for Developing Framework It is a first ever comprehensive framework that has been developed through an extensive participatory process. The framework is appreciative of the reality that it is not an all inclusive effort rather there are gaps and areas of disagreement that can be addressed only after ADB gains further collaborative experience.
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Appendix-4 PROVINCIAL STAKEHOLDERS CONSULTATION WORKSHOPS GoNGO Provincial Stakeholder Consultation Workshop, Punjab held at Lahore (Avari) Wednesday, January 5th, 2005
AGENDA 1. 2. 3. 4. Introduction GoNGO Briefing Feedback Synthesis
Participants 1. Justice (R) Asif Jan................Citizen-Police Liaison Committee 2. Mr. M.A.K Chaudhry ..............Punjab Social Services Board, Lahore 3. Lt. Col. (R) M. Shahbaz ........Local Government Department, Punjab 4. Mr. K. B. Awan.......................Local Government Training Academy, Lalamusa 5. Mr. Liaqat Ali Malik ...............Shadab Welfare Society, Lahore 6. Syed Ali Murtaza ...................Access to Justice Programme, Lahore 7. Mr. Zahid Manzoor ...............Decentralization Support ProgrammePPSO, Lahore 8. Mrs. Iqbal Malik .....................City District Government, Lahore 9. Ms. Ambreen Waheed...........Responsible Business Initiative, Lahore 10. Mr. Salman Abid ....................Aurat Foundation, Lahore 11. Mr. Imtiaz-ul-Haq ..................Aurat Foundation, Lahore 12. Ms. Ume-Laila Azhar .............Aurat Foundation, Lahore 13. Ms. Misbah Khalid .................Punjab Social Services Board, Lahore 14. Ms. Shehla Gillani ................Social Welfare Department, Lahore
General Feedback Change is Law required to facilitate ADR, so Chairman has more authority. How to institutionalize watchdog role of NGOs within GoNGO? How do we know good from bad NGOs? NGOs should be graded. System of checks and balances must for GoNGO rules of engagement. Role of Government is to facilitate not regulate NGOs. There should be a separate department to facilitate and oversee CCBs. Distinction between CCBs & NGOs be abolished, or the difference explained. Common forum of the three main protagonists at national and provincial levels. Sooner, rather then later, CPLC-Lahore will die its own natural death J. Asif Jan
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Vision for a new NCSW Should be representative all 3 primary stakeholders Should collect and disseminate accurate state of SD information Should be able to validate NGOs conduct Should have Provincial linkages in place to mirror federal structure Membership: o Provincial government nominee o Provincial Social Services Board chair o Chamber of Commerce nominee o Bar Association nominee o Pakistan NGO Coordination Council nominee o Notables from academia, professions or media in individual capacity
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GoNGO Provincial Stakeholder Consultation Workshop, Sindh Held at Karachi (Sheraton) Friday, December 24, 2004
Participants 1. Mr. Laeeq Ahmed ............Local Government Department, Sindh 2. Mr. Saad Rashid .............Transparency International 3. Mr. Shaukat Omari...........Transparency International 4. M. Abdul Wahab ..............Nazim, Gulshan Town, Karachi 5. M. Azim Channa ..............Local Government Department, Sindh 6. Mr. Naseer Memon ..........LEAD-Pakistan 7. Shamim Kazmi.................Business & Professional Women Association/ SRC 8. Mr. Sharfuddin Memon ....Citizen-Police Liaison Committee 9. Ms. Shahida Sajid Ali.......Raasta Development Committee 10. Mr. Sallahuddin Panwar...Sindh Welfare Department, Govt. of Sindh 11. Mr. Rizwan Ahmed .........Project Director, Decentralization Support Program 12. Ms. Tayyaba ....................LHRLA, MADADGAR 13. Mr. Kabeer Kazi ...............Project Director, DSSP 14. Mr. Qadeer Biag ..............NGO Resource Center 15. Ms. Sadiqa Sallhuddin .....Indus Resource Center 16. Mr. Nadeem Iqbal ............Geo TV Jang Group Feedback Access to information is the most crucial issue of GoNGO Proactive government facilitation should replace top down regulations Civic accountability mechanisms need to receive political support ICT, e-compliant center, GoNGO can be linked into e-govt. Flexibility / permanence in incumbents of GoNGO relationships Donor rigidity and external forces should not push GoNGO Corporate adoption PPPs are the new paradigm Regulation of CSOs is also necessary to some extent Accountability? Who hold CSOs accountable? Person dependency does not feature in 7-Cs Continuity is important perhaps an 8th-C Equity in relationship only equals from partnership By consultation forums for consultation should be finalized Frameworks are necessary for sustainable GoNGO
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GoNGO Provincial Stakeholder Consultation Workshop, NWFP held at Peshawar (Greens Hotel) Tuesday, January 18, 2005
Participants 1. Mr. Tariq Jabbar ..............Core Committee Member on Heritage & Conservation, Sarhad Conservation Network 2. Mr. Zakir Shoaib ..............Program Manager, Dost Welfare Foundation 3. Mr. Hamish Khan.............MD, Basic Employable Skills Training 4. Ms. Shirin Javed..............Program Officer, Aurat Foundation 5. Mr. Alam Shah.................TMO Town-II, TMA, Distt. Govt, Peshawar 6. Mr. Hakim Khan...............DO Social Welfare, Distt. Govt, Peshawar 7. Mr. Richard Bonokoski ....Project Field Manager, Communication for Effective Social Service Delivery (CESSD) 8. Mr. Humayun...................Human & Institutional Dev. Centre (HIDC), KK 9. Mr. Javed Ali....................Reporter, Daily Jang 10. Mr. Sajjad Tarakzai .........Senior Reporter, Geo TV 11. Mr. Mujibur Rahman........NRM Officer, CBRM 12. Ms. Mohd Zulfiqar............Deputy Director. Planning, Agric. Dept 13. Mr. Shakil Wahidullah......Chairman, SNI/CAPs 14. Mr. Rashid Ahmad...........Sub-Editor, Daily Pakistan 15. Mr. Irshad Ahmad............President PDO/CCBs Network 16. Ms. Saima Khan ..............News Reporter, AVT Khyber TV 17. Mr. Samiullah Jan............President, SDS 18. Mr. Amjad Zeb Khan .......Regional Officer, TVO 19. Mr. Nasim Jan .................Training Officer, South Fata Dev. Project 20. Mr. Ikramullah Jan...........PM-HRD, SRSP 21. Mr. Javed Mughal............Naib Nazim, Union Council, Town-I 22. Mr. Tanzeel-ur-Rahman ..Journalist, Daily Jang 23. Mr. Ashfaq Khan..............APO, UNICEF Project 24. Mr. Fazali Wahab ............RO, Agriculture Research Institute Tarnab 25. Mr. Dr. Nasrullah Jan ......Director Planning, Agriculture University 26. Mr. Mumtaz Khan ............Nazim, Town-II 27. Mr. Shahid Khan..............Nazims office, Town-II 28. Mr. Tariq Mateen .............Nazim, Union Council-II, Town-I 29. Mr. Siraj-ud-Din Qureshi..Naib Nazim Union Council, Town-I 30. Dr. Fakhrul Islam .............Director, Social Welfare Department, GoNWFP 31. M. Qasim Jan ..................Director, Institute of Research & Dev. Studies (IRDS)
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32. 33.
Engr. Aminullah Khan ......Coordinator Training, IRDS Mr. Adil Awan...................Coordinator Education, IRDS
Feedback Need for redefining the purpose of Public-Private Partnership (3P). Presently there is no real Public-Private partnership; its only collaboration or cooperation. 3P is a mutual relationship but one party i.e. Government does not accept such relationship. Need for real representation of the community in 3P. Worth of indigenous/traditional institutions/forums like Jirga should be explored in strengthening 3P. Before undertaking new interventions there is a need to study real issues and causes responsible for weak status of 3P. There is a need to bring change in the perception of NGOs, Government and the community. Need for real accountability of both Government and NGOs. There is need for greater national and provincial understanding and harmony. Close Liaison & contacts between federal & provincial Govt; between provincial and District Government. Need for strengthening existing partnerships in whatever forms it exists. Social Service Delivery could be a good entry point. Laws should be rationalized. Local culture/context should be given due consideration in 3P. Fairness and equity. Communication among various stakeholders is the most important and first step leading to ensure 3P. There should be an autonomous body/mechanism for conflict resolutions, provision of justice and to redress partners grievances. There is no need to form a separate new entity in this regard, rather, existing bodies like the social welfare department should be capacitated and supported to perform as focal point in this regard. NGOs and community members should be part of such an arrangement. Alien/foreign models of development are leading to weakening of the bonds between community, Government and the NGOs. Self-accountability for all is a must. Need for capacity building of Government Agencies. Local Governance System to be strengthened in terms of transparency, accountability and participation of local community. NGOs should not be on defensive side; they need to build confidence with the community and the government. Free interactions with government; mutual trust and credibility to be ensured.
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GoNGO Provincial Stakeholder Consultation Workshop, Balochistan held at Quetta (Serena Hotel) Thursday, January 13, 2005
Participants 1. Mr. Jamshaid...................Barrister (Law Firm) 2. Mr. Ghaffar Kakar............Chairman Public Safety Commission, Quetta District. 3. Mr. Zain-ul-Abidin ............Chairman Pulic Safety Commission, Quetta District. 4. Mr. Nasir Qumbrani .........Nazim Union Council Qambarani. 5. M. Ali Khan ......................Councilor. 6. Mr. Ibraheem Kasi ...........Naib Nazim Kila Kasi. 7. Mr. Malik Kareem ............Chairman Musalihat Anjuman Kila Kasi. 8. Mr. Shazaib Kasi .............Member Musalihat Anjuman. 9. Mrs. Rajab Zia. ................Councilor Kila Kasi. 10. Mr. Saif-ur-Rahman.........Member Insaff Committee. 11. Mr. Babu Shah Muhammad Member Musalihat Anjuman. 12. Mr. Malik Qasim ..............Councilor Kila Kasi 13. Mr. Naseeb Kasi .............Advocate, Councilor Kila Kasi 14. Mr. Dawood Kasi .............Advocate, (Law firm) 15. Mr. Aslam Rajput.............Chairman Insaaf Committee 16. Mr. Rafique......................Regional Coordinator, World Vision. 17. Mr. Fahim Zaman Khan...Tehreek. 18. Mr. Sajid Latif ..................Tehreek. 19. Mr. Faisal Abbas .............Tehreek. 20. Ms. Zohra Khatoon..........Government Official Education Department. Feedback The participants took keen interest in all the nine pilots implemented under 3618. The participants unanimously lauded the efforts made by Tehreek. A general discussion on the devolution process ensued in which various issues were discussed. The points pertaining to institutional cooperation between the local governments and NGOs are summarized below: CCB formation and capacity building is severely lacking in the country. NCSW should take a lead in evolving a mechanism to undertake a national campaign for this purpose under a well thought out strategy, preferably by involving mid-level NGOs The Musalihat Committee modality and the relevant laws and procedures have lacunae in them. Foremost among these is that the mechanism for
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an institutional involvement of Police, Public Safety Commission and Judiciary in alternate dispute resolution has not been spelt out in a clear manner NCSW or ADB should evolve a mechanism through which the partners in the nine pilot projects may be assisted in teaching NGOs and CBOs in other parts of the country to replicate the successful experiences The ADB investment in governance reforms does not reflect the needs at grassroots level, e.g., there has never been any investment in building the capacity of Capital City Public Safety Commission. Projects like DSP and AJP suffer from lack of will to do things and are rife with tedious bureaucratic procedures.
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Appendix-5 Govt-NGO Terms of Engagement

Guidelines for GO-NGO Engagement in Development Programs Draft Rule of Engagement for Debate and Possible Adoption by JWG In many projects there may be some objectives related to changing the environments (political and administrative) within which community development interventions are carried out. These may include, for example, "leaders, technical experts, and civil servants changing from a provision approach to a facilitating self-help approach." Other objectives may refer to developing and institutionalizing programmes and actions of empowering low income communities by the relevant ministries and departments. In many instances there is a need to involve non-governmental organizations in carrying out this work. To create a legal and institutional framework as well as to allow Government to provide a leadership role in community development with the assistance of NGOs, it is necessary to have clearly defined rules of engagement, approved by the Government, which codifies its principles and policies regarding interaction with NGOs, in particular, and larger civil society in general. Following is a set of such (draft) rules of engagement which may be debated upon during GONGO discourse. The Government should: Facilitate and promote the free development of NGOs and other civic initiatives and ensure that civic involvement in society remains unrestricted and is encouraged. Support the adoption, amendment or implementation of legislation with a view to establish a receptive environment for NGOs, allowing them to be created without obstacles and to operate freely; Encourage the involvement of NGOs in activities aimed at promoting transparency and dialogue, inter-religious and interethnic harmony and the values of tolerance and multiculturalism. Promote an increased participation of citizens and residents in political and social affairs by incorporating education for democracy and social responsibility in the education system and by supporting NGOs public awareness-raising activities. Facilitate NGOs direct and indirect (inter alia through tax benefits) access to funds, whether from private or state sources.
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Ensure that access to funding for NGOs remains unimpeded and legitimate restrictions by governments on access to foreign funds are crafted in line with internationally recognized standards. Support the creation of regional NGO networks in various sectors in order to promote a regional approach to civic action, thus fostering communication, co-operation and the exchange of best practices between various regions. Improve communication between public administration and NGOs to ensure transparency of the administration and the legislative process, as a means to increase citizens confidence in the activities of public institutions and to eliminate bureaucratic sources of corruption. Promote state-NGO partnerships and develop mechanisms for the engagement and consultation of NGOs on a sustained and systematic basis, in areas where NGOs have experience and which directly affect their work and constituencies. Such mechanisms will respect the diversity of opinions on both sides, ensure openness of communication, and be based on agreed ground rules. The NGOs should: Be truly with people and not impose their agendas on them - be rooted in issues at home, have some definable constituency or membership; Have open democratic working systems, gender parity, consultative problem-solving, non-discriminatory practices; Have clear conflict of interest guidelines with a clear definition of accountability measures for institution and staff; Have mechanisms established for transparent flow of information such as annual report and audited financial statements; Be non-profit, non-party political Foster justice and equity, alleviate poverty and preserve cultural integrity; Endeavor to enhance the total environment - physical, biological and human; Base all their work on the resources available to the people, their expertise, existing institutions, culture and religions; be self-sufficient while remaining open to the assistance offered by their various partners;
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Articulate a broad political framework and code of ethics to guide their internal operations and their work with community groups and people's organisations, as well as their relations with the Government; Ensure the highest levels of accountability, starting with their own constituencies - the people. This includes uncompromising evaluations involving the participation of the local populations.
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Appendix-6 POLICY PAPER ON GOVT-NGO COOPERATION Govt-NGO Cooperation A Policy Dialogue Working Paper Rationale for a Policy Dialogue
The lack of institutional mechanisms for government-NGO collaboration is one of the key reasons for absence of active dialogue between the two. There are however, several factors for insufficient efforts towards developing institutional mechanism one of which is a general lack trust between government and civil society largely represented by the NGOs. Past efforts have been mere icebreakers without leading to identification of successful GO-NGO cooperation. There is an expressed need to discuss and develop mechanisms for institutionalizing closer coordination among government and civil society. A continuing mechanism for governments and NGOs to promote dialogue, share information, explore possible field projects with an emphasis on jointcollaboration, and discuss relevant rural development issues is also essential for successful implementation of the Local Government Ordinance 2001 and Police Order 2002. However, there are a number of issues as well as opportunities for GO-NGO cooperation, an analysis of which is crucial for a meaningful partnership framework.
Objectives of Policy Dialogue

In the hope that GO-NGO dialogue will move beyond policy-level discussions, and result in the defining of concrete forms of collaboration and possibly even the identifying of potential pilot projects, a fruitful dialogue must address the following two objectives: Presentation and discussion on the NGO sector in order to broaden awareness of their functioning; and Bring together key representatives of government and NGOs to jointly discuss development priorities in specific sectors and identify areas for GO-NGO collaboration.
Participants
The selection of participants must be done with extreme care and an underlying emphasis on kind of work NGOs are involved in. The participants will largely be consisted of executive directors, chief operating officers, or senior management staff of national and local NGOs as well as NGO networks. The representatives from government agencies will also be consisted of higher tier of decision makers and implementers such as Secretaries and Additional/Joint Secretaries involved in policy and operations. The high level of participation of government officials must be ensured to indicate the attention and commitment of the government towards such consultations.
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Issues for Discussion

Several issues of mutual concern will be deliberated in detail. Following is a list of key issues that will be considered for the dialogue, however this list is not exhaustive: NGOs vis--vis the private sector a clear distinction between developmentoriented and business organizations when referring to participation by the "private sector" in policy- and decision-making bodies and in government programs. Guidelines for GO-NGO partnership formulation of a code of ethics for GONGO partnership in development programs. Accreditation of NGOs if accreditation of NGOs is made mandatory as a prerequisite for collaboration with government, identification of simple, nonbureaucratic means for granting formal recognition to NGOs. Official Development Assistance a manual of guidelines for external assistance to joint GO-NGO projects to be requested from multi- and bilateral donor agencies. Government organizing efforts assess merits of the principle of subsidiary versus duplication of tasks already being performed by government or NGOs e.g. avoid creating CCBs in areas where local NGOs are already exist rather given them CCB status. Nature of NGO participation in government programs involvement in project development from planning, to implementation, monitoring and evaluation; regular GO-NGO dialogue and field-level interactions; formation of Regional Information Centers to help effectively decentralize information about development programs. Establishment of effective NGO liaison desks in government not only to serve as information centres but also to have the authority to decide on matters requiring immediate attention. Insurgency and militarization reorient/reform the military and bureaucracy, and to institutionalize a joint government/military/NGO body for dialogue backed by a strong policy mandate from the top levels of the national government. Bureaucracy and "red tape" effective decentralization of government structures, decisions and resources through instilling simpler procedures and accounting and auditing requirements. Integration of sectoral concerns identify areas for cooperation in various development sectors to share resources such as training centres and office space. NGO components in externally funded projects development programs and projects of the multi- and bilateral donor agencies with the government incorporate NGO involvement. In addition, government agencies while developing project proposals and preparing country reviews seek NGOs input.
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Expected Outputs
A key output will be the draft policy recommendations for enhanced people's participation, improvement of the climate for joint partnership efforts between government and NGOs, and effective and meaningful involvement of both stakeholders in national development efforts. The follow up actions for the draft policy recommendations will also be identified as part of the policy dialogue with clear sets of roles and responsibilities and mechanisms for sharing information on progress against each action. In addition to the draft policy recommendations, a joint working committee will be formed which will oversee the progress on commitments made and actions identified during the policy dialogue.
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Appendix-7 GoNGO CONTACTS

Meeting with Where Date
Federal Government
1 2 3 4 5 6 7 8 9 10 11 12 13 14 Mr. Iftikharuddin, Ex-Chairman, NCSW Mr. Musharraf Cyan, DSP Ms. Shahnaz Kapadia Rahat, DSP Dr. Iffat Idrees, DSP Syed Rizwan Mahboob, AJP Syed Ali Tahir, AJP Additional Secretary In charge, Ministry of Social Welfare, Brig. Munawar Rana, NRB Mr. Daniyal Aziz, Chairman, NRB Mr. Muzaffar M. Qureshi, Ex-Federal Secretary, Mr. S. M. A Sabzwari, Secretary / Director, National Council of Social Welfare Mr. Tauqir Ahmad, Proj.Dir/Joint Secretary Mr. Younas Khan Mandokhel, ExChairman, NCSW Ms. Parveen Qadir Agha, Ex-Federal Secretary Mr. Zahid Elahi, Governance Technical Advisor, CIDA Programe Support Unit Mr. F.H. Saifee, ICAP Mr. Harris Khalique, CEO,SPO Mr. Saba Gul Khattak, Sustainable Development Policy Institute Mr. Qasim Shah, Sustainable Development Policy Institute Mr. Sajid Mansoor Qaisrani, Aurat Foundation Ms. Fozia Tanveer, Programme Support Director, SPO Mr. Moiz Ali, Senior Management Executive, Pakistan Poverty Alleviation Fund Mr. Ahsan Rana, PCP Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad 13-Nov 14-Nov 14-Nov 14-Nov 16-Nov 16-Nov 15-Nov 12-Dec 12-Dec 8-Dec 12-Dec 2-Dec 16-Dec 2-Dec
Donor
15 Islamabad Karachi Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad 3-Dec 13-Dec 1-Dec 3-Dec 3-Dec 19-Dec 9-Dec 21-Dec 16-Nov
NGOs
16 17 19 18 20 21 22 23
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24 25 26 27 28 29 30
Mr. Abid Sulheri, Researcher, SDPI Dr. Sono Khangarani, TRDP Dr. Suleman Sheikh, SGA Dr. Rashid Bajwa, CEO, NRSP Dr. Saleem H. Ali, UVI Mr. Syed Ahmad Hassan Shah, Rizvi, Isa, Afridi & Angell Associates Ms. Amina Hassan, Manager, Khushali Bank
Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad Islamabad
3-Dec 19-Dec 19-Dec 19-Dec 19-Dec 16-Dec 13-Dec
PUNJAB Government
1 2 3 4 5 6 7 8 9 10 Maj. Abdul Rahman, Tehsil Nazim, Jaranwalla Mr. Ejaz Ahmad, Project Manager, CCBs Re-activation Project Mr. Nazir Ahmad Watto, Tehsil Nazim, Faislabad Mr. Tahir Hussain, District Coordination Officer Mr. Tariq Sardar, Senior Administrative Officer, District Govt. Mr. M.A.K. Chaudhry, Chairman, Punjab Social Services Board Mr. Mazhar Ali Khan, DG, Social Welfare Dept Mr. Mian Naeem Javed, Nazim District Sialkot Mr. Khawar A. Khawaja, CEO, Sialkot International Airport Mr. M. Siddique Lone, Chairman, SDPT Mr. Jamshaid Karim Khan, Founder President, Al-Fateh Dev. Org Mr. Naheed Akhtar, Office Manager, Anjuman Samaji Behbood(ASB) Mr. Iqbal Hussain, General Manager, Alpine Medicinal Herb & Rural Welfare Org. Ms. Andleeb Abbas, Provincial Coordinator, Pakistan Family Protection Project Ms. Shaheen Atiq Rahman, Director, BUNYAD Prof. Saeed-ur-Rehman, Executive Director, Bunyad Literacy Community Council Mr. Naseem Hassan Khan, Coordinator, Falah Foundation Faisalabad Faisalabad Faisalabad Faisalabad Faisalabad Lahore Lahore Sialkot Sialkot Sialkot 11-Dec 10-Dec 10-Dec 10-Dec 10-Dec 5-Dec 4-Dec 9-Dec 7-Jan 7-Jan
NGOs
11 12 13 14 15 16 17 Bahawalpur Faisalabad Gilgit Lahore Lahore Lahore Rawalpindi 5-Dec 10-Dec 19-Dec 5-Dec 4-Dec 4-Dec 4-Dec
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18 19 20
Ms. Muniza Bashir Tarar, Provincial Coordinator, Family Population Project Ms. Sugara Imam, Minister for Social Welfare, Punjab, Lahore Ms. Ambreen Wahid, CEO, RBI, Mr. Nasir Gillani, President, SWT
Lahore Lahore Lahore Gujrat
5-Dec 4-Dec 19-Dec 2-Dec
Others
21
SINDH Government
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Meetings with Naib Nazim, Karachi, Director Council & Members of Monitoring Comittees Meetings with D.I.G. Hqrs and Chief C.P.L.C. Meeting with Secretary, Social Welfare Sindh & Director Social Welfare Meetings with D.C.O. Karachi and E.D.O. Community Development Mr. Shaukat Ali Suleman, Deputy Chief (OPS), Citizens Police Liaison Committee Chief, Provincial Transition Wing and Joint Chief Training Meetings with E.D.O, Works and Services, and D.O. Solid Waste Management Meetings with D.P.O. Hyderabad and C.P.L.C. members Meetings with DG (IM&E) and Addl. Secy, Local Government Commission Meetings with DG (PHE), Director (PMEC) & Project Coordinator, SRDP Meetings with Nazim, Naib Nazim, D.C.O., CD Officials & NGOs Meeting with Addl. Chief Secretary, & Addl./Deputy Secys of Home Department Meeting with Nazim and Officials of TMA, North Nazimabad Meetings with Nazim and officials of TMA, Gulshan-e-Iqbal Meetings with Director, Social Welfare and Deputy Director (NGO) Meetings with Nazim and officials of TMA, Latifabad, Meetings with Office Bearers of TMA Nazim's Alliance Meeting with Officials of DSP Sindh Meetings with Nazims Samaro and Dadu Karachi Karachi Karachi Karachi Karachi Karachi Karachi Hyderabad Karachi Karachi Khairpur Karachi Karachi Karachi Karachi Hyderabad Karachi Karachi Karachi 21-Nov 22-Nov 24-Nov 1-Dec 29-Nov 17-Nov 19-Nov 21-Nov 2-Dec 3-Dec 4-Dec 5-Dec 6-Dec 8-Dec 11-Dec 12-Dec 13-Dec 15-Dec 16-Dec
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20 21 22 23
Organized Workshop in P&D Department. Met Chief Economist P&D, Chiefs of Social sector sections, Addl. Secy Education, Addl. Secy Health, Addl. Secy (Dev.) Finance, E.D.O. (CD) Badin, E.D.O. Education, Karachi, Director Social Welfare and Deputy Director (NGO) Meeting with Chief Economicst and Chief of Foreign Aid (P&D) Meetings with Nazim, UC-6, Orangi Town Meetings with Twelve UC Nazims of Interior Sindh Meeting with Mr. Qadeer Baig, of NGORC Mr. Nesar Ahmad, Program Manager, Faran Educational Society Mr. Yameen Memon, Community Development Specialist, Sindh Agricultural & Forestry Workers Coordinating Organization Mr. Aijaz Ali Khawaja, General Manager, Sindh Rural Support Org. Mr. Noushad Ali, Merchandiser Textile, Intergroup Far East LTD Meetings with Mr. Zia Awan of R.L.A. & Team of Madadgar at L.H.R.L.A. Meetings with Mrs. Sadiqa Salahuddin of IRC and Deputy Secy (Police) Home Deptt. Workshop at NGORC with Elected LG Representatives and NGOs Meeting with Mr. Tasneem Siddiqui and Representatives of Saiban (NGO) Meeting with Mr. Arif Hassan of OPP/URC Meetings with Mr. Shams Uddin of Ghaziabad Flahai Committee, Orangi Town Meeting with Mr. Ahsan Rana of PCP
Karachi Karachi Karachi Karachi Karachi Karachi
17-Dec 18-Dec 19-Dec 21-Dec 29-Nov 3-Dec
NGO
24 25
26 27 28 29 30 31 32 33 34 32
Karachi Sukkur Karachi Karachi Karachi Karachi Karachi Karachi Karachi Islamabad
1-Dec 4-Dec
18-Nov 20-Nov 29-Nov 9-Dec 10-Dec 20-Dec 23-Dec
BALOCHISTAN Government
1 2 3 4 Capt (Retd) Niaz Jaffer, Secretary Social Welfare, Govt of Balochistan Mir Aurangzeb, Chairman, Citizen Police Liaison Committee Mr. Abdul Ghaffar Kaker, Chairman, Capital City Public Safety Commission Mr. Abdul Rauf, Coordinator, Legal Aid Center Quetta Quetta Quetta Quetta 22-Nov 2-Dec 1-Dec 9-Dec
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5 6 7 8 9 10 11 12 13 14
Mr. Ali Naqvi, Coordinator, Institute for Development Study and Practice, Mr. Faisal Jamal Secretary, Balochistan Local Govt Board Mr. Ghulam Ali Baloch, Project Coordinator, Support to Devolution Project Mr. Hidyatullah Khan Chief of Section (Local Govt Planning and Dev. Deptt. Mr. Mushtaq Raisani Provincial Coordinator DSP Mr. Qamar Masood Deputy Secretary Chief Minister Secretariat Mr. Suleman Kaker, Senior Instructor, Bolochistan Rural Dev. Academy Mr. Taimur Shah Deputy Secretary Governor Secretariat Mr. Wali Muhammad Lehri, Naib Nazim Zarghoon Town, Ms. Gul Noor Bugti Councillor, Head of Monitoring Committee (Health) District Government Mr. Abdul Wadood, Team Leader, Seher Mr. Akram Khurshid, Team Leader, Seher Mr. Amjad Rasheed, Chief Executive, Taraqee Foundation Mr. Aslam Rao, Head, IUCN Mr. Babar Shah Khan, Team Leader, Participatory Integrated Dev. Society Mr. Fahim Zaman, Head, Tehreek Forty CBO Office Bearers, Partners Mr. Nasrullah Khan, Head, Center for Peace and Development Mr. Parvez Iqbal, Team Leader, Water Enviroment and Sanitation Socitey Mr. Qurban Gharsheen, Team Leader, Balochistan Environment and Educational Journey Mr. Rasheed Shah, Coordinator, Concern Pakistan Syed Abdul Jalil, Provincial Coordinator, Trust for Voluntary Organisations Mr. Masood Jan, Health Mr. Mohammad Esa, Union Council (Education) Mr. Gul Mohammad, Union Council Mr. Maqbool Baber, D.C.O. Mr. Mukhtiar Chelghari, SPO
Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Quetta Turbat Turbat Turbat Turbat Turbat
6-Dec 22-Nov 25-Nov 24-Nov 24-Nov 24-Nov 25-Nov 24-Nov 22-Nov 22-Nov 5-Dec 6-Dec 3-Dec 8-Dec 2-Dec 4-Dec 10-Dec 9-Dec 5-Dec 4-Dec 9-Dec 6-Dec 5-Jan 5-Jan 5-Jan 6-Jan 6-Jan
NGOs
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
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32 33 34 35 36 37 38 39 40 41
Mr. Qazi Mohammad, Community Development Mr. Mohammad Hayat, P&D Dr. Din Mohammad, Naib Nazim Mr. Sabir Mr. Nazim Bijh, Union Council Mr. Ghnulam Nabi Mr. Fazal Karim, Ms. Nadia Anwar, ADJEO Mr. Abdul Khaliq, DCO, Education Department Mr. Naseem Chaghi,
Turbat Turbat Turbat Turbat Turbat Turbat Turbat Turbat Turbat Turbat
6-Jan 6-Jan 6-Jan 5-Jan 5-Jan 5-Jan 5-Jan 5-Jan 5-Jan 6-Jan
NWFP Government
1 2 3 4 AJP Focal Persons DSP Meeting with P&D Chief Meeting with Staff Officer to Chief Justice Peshawar Peshawar Peshawar Peshawar 21-Nov 20-Nov 22-Nov 22-Nov
NGOs
5 6 7 8 9 10 11 12 ESP Swat IRDS Meeting with Green Meeting with MRDP Sabawon NGO SCN UNICEF WESNET NGO Peshawar Peshawar Peshawar Peshawar Peshawar Peshawar Peshawar Peshawar 21-Nov 20-Nov 22-Nov 22-Nov 21-Nov 20-Nov 20-Nov 21-Nov
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Appendix-8 DOCUMENTS REVIEWED

1. 18386-PAK, December 15, , pp. 95-96 2. A B S Jafri, 1999. Toward grassroots democracy, The Dawn Internet, 20 December 3. ADB Devolved Social Services Delivery Project Report 4. Alexis de Toqueville, 1969. Democracy in America, Garden City, N.Y.: Doubleday. 5. Asian Development Bank, Resident Mission in Pakistan - Report and Recommendation of the President to the Board of Directors on the proposed technical assistance for decentralization in Pakistan: November 2002 6. Atlantic Political Tradition, Princeton: Princeton University Press. 7. Aurat Publication and Information Service Foundation, Peshawar Report on Leadership Development for Effective Women Councillors: 2003 8. Aurat Publication and Information Service Foundation, Peshawar Manuals for Training of Women Councillors: April 2002 9. Bard-Anders Andreassen, 2001, Evaluation of Norwegian Support to Human rights NGOs in Pakistan, Islamabad: Royal Norwegian Embassy, January. 10. Canadian International Development Agency Devolution Support Project, Inception Mission Report: April 2003 11. CIDA, Pakistan Program, n.d. Directory of Womens Development Project Partners. 12. Essential Institutional Reform Project, Government of NWFP Decentralization in Pakistan, Report on the 1st Mission from 27 July 2 August 2001 by Dr. Walter Kaelin Professor of Law, University of Bern/Switzerland 13. Essential Institutional Reform Project, Government of NWFP Decentralization in Pakistan, Report on the 2nd Mission from 31 December 2001 5 January 2002 by Dr. Walter Kaelin Professor of Law, University of Bern/Switzerland 14. Essential Institutional Reform Project, Government of NWFP Decentralization in Pakistan, Report on the 3rd Mission from 29 June 6 July 2002 by Dr. Walter Kaelin Professor of Law, University of Bern/Switzerland 15. Essential Institutional Reform Project, Government of NWFP Decentralization in Pakistan, Report on the 4th Mission from 15 21 December 2002 by Dr. Walter Kaelin Professor of Law, University of Bern/Switzerland 16. Essential Institutional Reform Project, Government of NWFP Report on Training for Participatory Planning: February March 2002 17. Essential Institutional Reform Project, Government of NWFP Report on Training for Decentralised Functioning, Planning, and IT skills: May 2002 18. Essential Institutional Reform Project, Government of NWFP Report on Analysis of NRBI Local Councillors Training Conducted by LG&RDD in District Kohat, NWFP
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19. Generic Training Module for Human Governance for Human Security and Sustainable Human Development, Paul Oquit, Faiz Shah and Rana Riaz Saeed, PARAGON-UNDP, May 2003. 20. J. G. A. Pocock, 1975. The Machiavellian Moment: Florentine Political Thought and the 21. Local government ordinance, 2001. 22. Milton J Esman and Norman Uphoff, 1984. Local organizations: Intermediaries in Rural Development, Ithaca: Cornell University 23. NGO Resource Center, 1996. NGOs in Four Divisions of Sindh: A Situational Analysis 24. NRB, Devolution of Power and Responsibility, document 0006.htm, p1 25. NRB, Local Government: Existing situation, documents 26. NRB, Local Government: introduction, document 27. NRB, Local Government: Strategy for Devolution of Power 28. Planning Commission, Government of Pakistan Strategy for Improving Governance, April 1999 29. Regulation of Civil Society Organizations: A Pakistan Case Study, S.A.H. Shah, International Development Law Organization, July 2002 30. Robert Putnam, 1993. Making Democracy Work , Princeton University Press, Princeton. 31. Rural Support Programmes Network, Pakistan The RSPs of Pakistan Exploring Options for Working with Local Government Proceedings of a Conference of November 2001 & Update till June 2002 32. Seth, M. 2002. The New York Times, 13 April 33. Survey of NGOs in the field of social Services Pakistan, May 1990 34. Susanne Hoeber Rudolph, 2000. Civil Society and the Realm of Freedom, Economic and Political Weekly, May. 35. The Dawn, May 15, 2001 Pattan Development Organization 36. The World Bank, 1998. Pakistan: A Framework for Civil Service Reform in Pakistan, Report No. 37. United Nations Development Programme Project Document for NWFP Essential Institutional Reforms Operationalisation Programme 38. Womens Political Participation Project Mentoring and Nurturing of Women Councillors Concept
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Appendix-9
GoNGO PILOT PROJECTS

# 1 2 3 4 5 6 7 8 9 Scope Govt. Tier National Provincial District District District Tehsil Tehsil Union Union Title Pilot Project Mainstream Media Campaign Content GoNGO Module for Decision-makers Womens Legal Empowerment Centre Citizen-Police Liaison Committee Citizens Facilitation Centre Good Governance Network Service Delivery Score-card Citizen Community Boards - Academia Insaf/Musalihat Committees Focus/ Thematic Area Humane Governance Capacity Building Gender Equity Public Safety Humane Governance Fair Resourcing Service Delivery Service Delivery Public Safety Budget (Rs.) 433,400 321,200 300,300 301,400 325,600 300,850 313,500 264,000 308,000 Institutionalization & Sustainability ADB-DSP & AJP Communication Strategy Punjab Local Govt. Training Institute CIDA-funded programme for AF Notified by Punjab Home Department Established in District Govt. facility Secretariat resourced by Dist. Govt. Scorecard tool ready for future TIPs Manual and model ready for future TIPs Manual and model ready for future TIPs End-TA Status 12 Programme slots agreed Module developed & resourced, 2 trainings held Mainstreamed into District Govt. annual budget Byelaws, orientation & exchange visits completed Manual & software completed Framework and Teaching Case study completed Scorecard implemented in identified zones 5 CCBs formed, Manual completed Byelaws and ADR Module/workshop completed
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PILOT-1: MAINSTREAM MEDIA CAMPAIGN

Title
MAINSTREAM MEDIA CAMPAIGN CONTENT

Targeted prime-time slots on cable channel, nationwide and overseas National Council of Social Welfare (NCSW), Geo Television, ADB-TA3618 project office. Rs.433,400/1. 2. 3.
Location/Coverage Partners
Budget Indicators
Media topics identified with counterparts at DSP & AJP. Up to 3 model segments prepared for mainstream media. Agreement by Geo to carry at least one from the 3 above.
Rationale
There is a vacuum of credible information regarding the spaces at the interface between Government and community organizations. Disseminating facts and GoNGO success stories through mainstream media can help build momentum towards greater citizen participation in governance and also provide Government with direct feedback on how best to make its devolution strategy successful. This pilot explored the viability of GoNGO partnerships in developing and disseminating content highlighting government-citizen synergies in the spaces created by current local government legislation through appropriate programme vehicles. Positioning NCSW as a focal point for developing programme content is relevant because this is a particularly weak area for most channels including Geo. However, the PAP design took into account NCSWs limited capacity to engage with the media along with other risk factors such as commercial motivation and journalistic slant. Content development, originally envisaged in partnership with a media school could not come through because of time constraints within the academic cycle. The NCSWs sparse internal professional resources, were further depleted by the departure of the Chairman, Secretary and Assistant Director, three key individuals GoNGO had primed to lead the effort. As a result, content preparation had to be outsourced. Meanwhile, the media partner modified its original offer of a short, intensive campaign to one that is less intensive and spans a longer period. The key lesson from this pilot is that the WIFM1 principle underpins it as strongly as it does all public-private partnerships (PPPs). Profits remain the primary motivation of commercial partners, whether they are a media channel or an institution of higher education, even when they wish to work with Government in furthering a national cause such as social empowerment and good governance. In the case of the government,
Summary
Analysis
WIFM is the acronym for Whats In it For Me
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this pilot highlighted the hesitation on the part of the government to try emerging communication approaches and channels. Private sector counterparts avoid dealing with individuals in Government who are reluctant to understand the business case or take decisions. Making a business case for a GoNGO PPP, in this case was primarily NCSWs responsibility, who require to develop capacity for innovation and quick decision-making. If findings from the pilot could be generalized, commercial media would appear a difficult partner with the government in a GoNGO partnership. Primarily because the motive to sell copy drives the relationship on the one hand and the propensity to dictate on the other. Secondly, because the traditional tension between the sub- achcha2 culture of the typical government agency and the expos drive of the typical media channel seem fundamentally at odds. Another lesson is that for a media company like Geo current news takes precedence in preparing mainstream programming. Hence, during the pilot, events in WANA or the uniform issue, etc., were able to push aside GoNGO-related slots.
Future Potential
A key aim of this pilot was to tie into a broader national project envisaged under the Decentralization Support Programme (DSP), and similar upcoming initiatives under the Access to Justice Programme (AJP) for which distinct resource allocations existed at the time the pilots were launched. However, DSP has since abandoned a long-term mass communication partnership with Geo. AJP meanwhile, is in the process of streamlining its communication strategy. The rationale for this pilot remains sound and it has the potential to build synergies with initiatives managed by the National Reconstruction Bureau (NRB), the Devolution Trust for Community Empowerment (DTCE) and funders such as UNDP or CIDA. Consequently, the longterm sustainability of this pilot lies in establishing relationships with identified donor-funded communication projects or even corporate sponsors who can help convey the GoNGO message in mainstream media. The Issue is that of NCSWs vision and capacity to do so.
All is well in Urdu implying the Governments desire to convey a general sense of control
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PILOT-2: GoNGO MODULE FOR KEY DECISION-MAKERS

Title Location/Coverage Partners
GoNGO MODULE FOR KEY DECISION-MAKERS

Local Government Training Institute (LGTI), Lalamusa, Punjab National Council of Social Welfare (NCSW), Local Government and Rural Development DepartmentPunjab (LG&RD-Pb), NGO Resource CentreAga Khan Foundation (NGORC), ADB-TA-3618 project office. Rs.321,200/1 2
Budget Indicators
Training module developed and delivered Training module included in the training calendar
Rationale
Grass-roots governance capacity-building initiatives (CBIs) typically engage one stakeholder to the exclusion of the others, diminishing impact by not allowing stakeholders such as elected representatives, government officials and civil society opinion-leaders, to build a common understanding of their respective perspectives and priorities. Moreover, a critical omission from the list of CBI offerings is a multistakeholder module on building successful public-private partnerships (PPPs) at the grass-roots. Developing such a module and helping make it part of the training calendar of principal government and nongovernmental training programmes would build understanding among key stakeholders, develop mutual empathy and a shared vision for making grass-roots PPPs successful. The pilot supported the development and pre-testing of a generic training module on PPPs the current term that describes GoNGO partnerships with technical support from NGORC. One key resourceperson from LG&RD-Pb was inducted during the pre-test, and LGTI was provided detailed orientation and basic equipment to implement the module as part of their calendar, targeting Local Body Nazims, Union Council secretaries and Citizens Community Boards (CCBs). The pilot was able to capitalize NGORCs recognized skill and interest in developing an appropriate training resource on public-private partnership (PPP) suitable for grass-roots institutions, and at the same time, take advantage of the need expressed by LG&RD-Pb to help strengthen local government for effective community participation. The pilot confirmed that mechanisms for direct citizen involvement in governance as proposed in the Local Government Ordinances (LGO), are still not fully understood at the grassroots, within either Government or civil society. The very concept of partnerships is new for most of the GoNGO stakeholders traditionally used to a client-patron arrangement. LGTI proved to be no exception. This pilot was able to continue mainly due to the interest of the director-general LG&RD-Pb who agreed to become a resource-person during the pre-test phase and facilitated internal communication with LGTI. The pilot also reaffirmed the stereotype about complacency and lack of
Summary
Analysis
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innovation within government training institutes. Despite a cadre of committed and knowledgeable instructors, and an impressive campus facility LGTI demonstrated a reluctance to experiment with new course development and widening its knowledge offering to include emergent local government topics. LGTI did not share with the TA team any training content or schedules regarding training run on issues thrown up by LGO, including CCBs. The LGTI directors reluctance to participate in the pilot was overcome after advice from the DG LG&RD-Pb. Even with its relatively under-utilized set-up and a sparse training calendar, LGTI expressed difficulties in adopting the GoNGO module without external financial and technical support, beyond what the pilot has been able to provide. NGORC itself has conveyed its constraints in taking such collaborations further with its own resources. LGTIs reluctance may stem from the sarkari3 attitude of its personnel, diffidence towards treading untested areas, a sense of under-confidence in building GoNGO partnerships, lack of belief in the value of multistakeholder training, or even a desire to attract more direct donor support. Whatever the reasons, the pilot found LGTIs inability to innovate and extend itself to its full potential a strong reason to support institutional change that can inject leadership, professionalism and strategic vision in a potentially useful institution.
Future Potential
The purpose of developing and implementing a multi-stakeholder PPP module at LGTI was to institutionalize such CBIs within the framework of government institutions so that they can directly impact effective functioning of local government. To this end the pilot has been successful. However, even as the module has been taken up by LGTI as part of its training programme, there are concerns that pertain specifically to the way such institutions are generally managed. In LGTI, the government has a recently upgraded state-of-the-art infrastructure placed at a central and accessible location, which provides an ambience conducive to learning. It has a cadre of qualified instructors who exhibit potential to grow with the institution given sufficient opportunities and incentives for self-actualization. The best case scenario is that LG&RD-Pb will seize the moment and develop LGTI as a knowledge management centre to match its impressive set-up. This seems more likely to happen if a wellconsidered intervention is developed within a clear strategic vision and implemented with the requisite leadership and appropriate resources.
Literally, Government or Administration, implying a top-down, colonial style of government
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PILOT-3: WOMENS LEGAL EMPOWERMENT CENTRE

Title Location/Coverage Partners
WOMENS LEGAL EMPOWERMENT CENTRE

District Government Sialkot, Punjab National Council of Social Welfare (NCSW), Nazim and District Government Sialkot, Aurat Foundation (AF), ADB-TA-3618 project office. Rs.300,300/1 2 3
Budget Indicators
Resource centre established Management committee functional Resource-Persons Pool providing support
4
Summary
This pilot adap-licated Asian Development Bank (TA-3618) National Council for Social Welfare Background: In 2002 the Aurat Foundation (AF) formulated a capacity building program with the support of German Technical Cooperation (GTZ) to strengthen the newly elected women councillors in 22 of the 24 districts of NWFP. In this program, two-day district level training workshops were conducted for women councillors. To follow-up on training, women councillors resource centres were established in selected districts including Kohat where relevant information materials prepared by Aurat Foundation (both pictorial and in Urdu language) are made available to women councillors. In addition, the Aurat Foundation facilitated the establishment of a network of local resource persons related to various fields of governance in order to provide field support to elected councillors as and when needed by them. In order to ensure the sustainability of the process, AF established a local management committee for day to day management of resource centre. The management committee which includes local NGOs is also expected to take over the initiative on phasing out of AF. Scope of the Proposal This project proposes an adaptation of the existing AF initiative in district Sialkot to provide an opportunity for policy-makers, donors and stakeholders to see the GO-NGO partnership in action for right based legal empowerment of women. Justification Most of the women elected at different levels of local government are
Sponsoring Agency Executing Agency Project Brief
Overview
The process of first adapting and then replicating an existing programme in a new location.
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political beginners. These women face a primordial challenge in learning how to use their newly acquired power learning about the complicated system, their own rights and duties and communication skills in the (until recently) mans world of district level politics.. Since, the right based advocacy and capacity building have been the domain of NGOs, lessons from this project can help document the factors that make a government initiative successful in the same areas. Implementation Arrangement/Methodology This project proposes an adaptation of the existing AF initiative in district Sialkot to provide an opportunity for policy-makers, donors and stakeholders to see the GO-NGO partnership in action for right based legal empowerment of women. Mode of Implementation Signing of an MoU between the GONGO Team, NCSW and Aurat Foundation: responsibility GONGO team Establishment of a management committee including local stakeholders, district government Sialkot : Responsibility Aurat Foundation Planning and Delivery of a training workshop for women councilors: Responsibility: Aurat Foundation & District Govt. Establishment of a local network of volunteers and resource persons: Responsibility Aurat Foundation Establishment of Resource Centre: Responsibility Aurat Foundation Monitoring of the process: Responsibility Aurat Foundation and GONGO Team Final evaluation of the project: Responsibility GONGO Team Institutionalization The management committee formed for the project implementation will assist in local institutionalization of the initiative. In addition the lessons from the experiment will open ways for other districts to replicate the initiative. Target Group and Beneficiaries The primary target group for this initiative are elected women councillors. Evaluation The project will be evaluated against the deliverables given in the Indicators in a following slot. Risk Analysis The Aurat Foundation has traditionally worked independent of government functionaries. In this case a close coordination and establishment of a working relationship is required with district administration. The communication channels to that have been traditionally used to inform women councillors about the activities of district government have been weak. Hence, it would be a challenge to engage all women councillors in the process.
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Objective(s)
By the end of the pilot project: 1. Field based support established for effective participation of women councillors established at district level 2. The process and outcomes of the project are documented for wider replication
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PILOT-4: CITIZEN-POLICE LIAISON COMMITTEE

Title of Project Location Sponsoring Agency Executing Agency Project brief
Overview
CITIZEN-POLICE LIAISON COMMITTEE District Lahore, Punjab Asian Development Bank (TA-3618) National Council for Social Welfare The TA seeks to lay the foundations of a viable, voluntary and inclusive institution to develop a partnership between citizens and state for the coordination of public safety. Background The new Police Order, 2002 has created spaces for the inclusion of citizenry into a number of forums. Activities of these bodies range from the performance enhancement and accountability of Police, to developing liaison between aggrieved citizens and Police. CitizenPolice Liaison Committees (CPLC) have been envisaged as voluntary, self financing and autonomous bodies with the following functions: Training and capacity building of Public Safety Commission; Developing mechanisms for liaison between aggrieved citizens and Police for providing relief; and Assistance to the Public Safety Commission (PSC), Police Complaints Authority (PCA) and Police for the expeditious and judicious discharge of their duties. With a mandate for liaison between citizens and the police, and linkage with other institutions like PSCs and PCAs, CPLC provides a unique avenue for the inclusion of citizens aspirations for public safety into the day-to-day functioning of the police. Most importantly, these are the only voluntary and autonomous institutions for this purpose, created under the Police Order 2002.
Scope of the Proposal

This TA proposes the establishment of CPLC in accordance with the new Police Order. This Pilot aims to establish a district-level CPLC in Lahore District. The Punjab Government has notified the members of the CPLC, who in their first meeting have elected Mr. Justice (R) Muhammad Asif Jan to the Chair. CPLC-Karachi is the only organization of its kind in the country. It has conveyed its availability to provide assistance to CPLC Lahore. CPLC Karachi has participated in preliminary meetings in Karachi with the TA team and Mr. Sharfuddin Memon, Chief CPLC Karachi, has met his counterparts in Lahore. However, CPLC Karachi is managed in accordance with a charter approved by the Governor of Sindh many years before the Police Order 2000. Therefore, while CPLC Lahore has much to learn from its Karachi counterpart, there are distinct variations in the mandate of the two respective bodies, which spring from the injunctions of the law. It may be noted that while CPLC Karachi is the product of a distinct citizen-state dialogue process, driven by emergent need in response to
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a specific public safety requirement, the Lahore CPLC is a statutory body promulgated by the government in response to a completely different social and political need. As such the Lahore CPLC will be steered in line with the Police Order, 2002. Activities of Pilot will include; Facilitation of the process of formalization of CPLC as an institution, including the development of a 3-years strategic plan. Backstopping the documentation of Bye-Laws and Rules of Business for day-to-day management of the new institution. Assisting in the transfer and adaptation of identified Standard Operating Procedures (SOPs)/ software from CPLC Karachi. Capacity building of selected CPLC members, Police officials and other individuals, as identified, including one orientation seminar, an exchange visit to CPLC Karachi and professional facilitation for the strategic planning session. Provision of a computer and ancillaries to launch CPLCs secretariat at a place provided by the Government of the Punjab. Justification The absence of an effective and informed liaison between the police and citizenry has been one of the weakest areas in the realm of public safety in Pakistan. This culture of exclusion and control remains an important issue in the debate over the policing system in the country. A generally weak civil society is even weaker in this vital area of public interest. A notable example of institutionalised coordination between Civil Society and Police is CPLC-Karachi. This TA has identified it as a working model worth emulating, albeit with due modification and adaptation to suite the particular public safety environment of Lahore, and remaining within the parameters of the Police Order 2002. This duly adapted replication in Lahore, which has both urban and rural features, promises to formalize the first CPLC of its kind and lay the foundation for future replication in other parts of the country. Implementation Arrangement/Methodology The TA proposes the adaptation of CPLC Karachi model, in accordance with the mandate determined by the Police Order, in Lahore district. This would involve CPLC Karachi as support organisation which would involve the Punjab Home Department, Punjab Police, along with identified members of the community to facilitate and streamline the process of forming a new CPLC and developing capacity in operationalizing it. Mode of Implementation The members of the Lahore CPLC reflect a rich mix of experience and a representative blend of the various segments of society. It is chaired by a eminent jurist and has as its members distinguished civil servants, police officers, business men and community leaders. Implementation would be initiated immediately with the nomination of a
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focal person representing the TA. In this regard, Mr. M.A.K. Chaudhry, Chairman Punjab Social Services Board and a former police officer has consented to be available. He would have the support of the TA team and designated CPLC Karachi members. The Punjab Home Department would act as the anchoring agency for the various government departments during the initial consultative process with all stakeholders. The Chairman CPLC will determine an appropriate time to initiate work on the Bye-Laws, etc. and intimate to the TA, the appropriate date for the proposed exchange visit to CPLC Karachi. The TA team will coordinate the visit and accompany the CPLC Lahore members for a 3-day orientation and planning process. The outcome of this will be a 3-years strategic plan document, which will be submitted to the Punjab Government to enable resource allocation and support. The TA focal person will begin working on the draft Bye-Laws, Rules of Business and other operational documentation immediately, along with any members of the CPLC that are co-opted for this purpose by the Chairman CPLC. The draft documents produced from the above exercise will be ratified in a meeting of the CPLC observed by the TA focal person before being submitted to the government. A stakeholder consultation may be held at the convenience of the Chairman CPLC to present the Bye-laws and seek public feedback before making the proposed Bye-Laws public through the requisite media. Institutionalisation Lessons from the project can help lay the foundation of a typical CPLC as per Police Order. The results would be available for replication of the institution at a wider scale across the country. Evaluation The project will be evaluated against the deliverables described below. Risk Analysis The CPLC has found a legal space under PO 2002. However, the law is vague about the operationalization of a CPLC. On the other hand, the reservations of elected leadership in the Provincial and District governments on the Police Order are very pronounced as the whole scheme leaves little room for the role of Executive. This climate of suspicion and lack of full ownership has a potential to affect the intended voluntary and de-politicised nature of the institution. Accepting the citizens as partners in the dispensation of public safety services requires a change in the mode of traditional policing. Potential of resistance against the initiative from police officials may not be ignored.
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Capacity of a disintegrated civil society to take up this challenge may be limited. Furthermore, the CPLC being a self-financed institution might be captured by the local elite, thus developing a new configuration of patron-client relationship. The project assumes that the credibility of the partner organisation, an inclusive strategy to involve all the stakeholders and the viability of the concept for the citizens would serve as the key tools for risk mitigation. By the end of the pilot project: 1. CPLC Model Bye-Laws, Rules of Business, Formats for Periodic Progress Reports and Systems specifications/ software for day to day CPLC operations are available for wider dissemination & adoption; 2. CPLC is made operational as per processes and modalities outlined above. 8 weeks TA Team Focal Persons: Mr. M.A.K. Chaudhry (Lahore) Mr. Sualeh Ahmad Faruqui (Karachi) Dr. Faiz Shah (Islamabad) 1. CPLC notified. 2. Model by-laws and rules of business for CPLC developed. 3. Orientation training held for members of CPLC. 4. Strategic Plan developed. Rs. 301,400.oo
Objective(s)
Time frame Responsibility
Performance indicators
Cost
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BYELAWS & RULES OF CPLC-LAHORE
THE CITIZENS-POLICE LIAISON COMMITTEE, LAHORE RULES 2005 Notification No. -------- In exercise of the powers conferred under Article 112 read with Article 165 of the Police Order, 2002 appointing Citizens Police Liaison Committee (CPLC); the CPLC is pleased to make the following Rules: 1. Short title and commencement.- (1) These Rules may be called the CPLC Rules, 2005. (2) They shall come into force at once.
(3) They will extend to the city district of Lahore as defined under the Police Order 2002. 2. Definitions.- In these rules, unless the context otherwise requires: (i) (ii) (iii) (iv) (v) Government means Government of the Punjab; Chairman means Chairman of CPLC; Committee means CPLC as constituted by the Government of Punjab through Notification from time to time; Police Order means the Police Order 2002 (CE Order No.22 of 2002) promulgated on 14th August 2002. District means the district of Lahore as defined in local Government Law.
3. Composition. - (1) - As soon as may be, but not later than 1st January of the calendar year beginning 2007, Government shall, by notification in the official gazette, appoint every three years a CPLC consisting of not more than twenty members including the Chairman. Provided that the CPLC notified by the Government vide Notification No. HP.III/3-39/2002 dated 28th August 2004 shall serve until the next Committee is appointed. 4. Members of the Committee. (1) The Members for appointment to the CPLC will be persons known for their contribution to voluntary community service and will have enjoyed respect and esteem amongst the people and should preferably be eminent professionals in the field of law, social work, public administration, education or private corporate sector. (2) 1/5th of the Members shall be women. 5. Term of office: (1) The term of the members shall be three years, which can be extended by another term of three years only
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. (2) Members of the Committee shall, unless otherwise directed by the Government, hold office for a term of three years and will be eligible for reappointment. (3) A member cannot be appointed for a third term. (4) A casual vacancy shall be filled through appointment of another member for the residual of the unexpired term of the member who caused the vacancy. Provided that the Committee will function even if the membership is not complete. (1) A member of the committee may resign by submitting a simple application to the Chairman. (2) The Chairman may resign by submitting his application to the CPLC in a meeting. (3) A member may be removed from the Committee by a 2/3rd majority of total members for reasons to be recorded in writing. 6. Remuneration of members: The Committee shall be self-financing and no member of the Committee shall be paid any remuneration for his/her voluntary service. A member shall however be entitled to payment of actual expenses for travel, lodging and expenses incurred by him/her while performing duties entrusted to him/her by the Committee in connection with its business. 7. Resource Person.- There shall be a resource person appointed by the District Police Officer (DPO) to assist to the Committee in the discharge of its duties. 8. Over all objectives. (a) Training and Capacity Building of members of Public Safety and Public Complaint Commission and to enhance public awareness and education (b) (c) Developing mechanism for liaison with the NGOs and between aggrieved citizens and the police with a view to providing relief. Assistance to Public Safety and Public Complaint Commission and the Police for expeditious and judicious discharge of their duties.
9.
Functions.To ensure that FIRs are duly registered and that no FIR/Complaint is refused. To find out if the investigation officer in the cases assigned to them is adopting dilatory tactics To develop and maintain database of crime, criminals and prisoners; and stolen vehicles, etc.
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To collect statistics of various kinds of cases registered and disposed of during a specified period. To find out if any person is unlawfully and unauthorizedly detained at the police stations and to take necessary steps for the release of such person(s). To assist the police in taking necessary steps for preservation of peace and prevention and detection of crime. To report the acts of misconduct or neglect of duty on the part of any police officer. To remove misunderstanding and narrow down credibility gap between the Police and the Public and to create confidence in the public,. To ensure full cooperation of the members of the public in the performance of duty by police officials. To apprise the SHO of the police station within Lahore of the genuine grievances of the members of the public of Lahore, and suggest remedial measures. to look into the working conditions of the Police Stations and suggest measures for their improvement and take steps to ameliorate such conditions. To look into the welfare aspects of police personnel and initiate measures to improve them. To bring into focus the exceptional work done by the police and make recommendations for suitable reward for exemplary work. To assist the Traffic Police in performing its duties diligently and efficiently, and take steps for smooth operation of traffic. To supervise, initiate, handle projects or schemes in Lahore by improving the conditions of the area, through measures like Charged Parking, Neighborhood Care, and Central Vehicle Pool (CVP) etc. To assist the police as a member of inquiry committee in cases pertaining to misconduct/corruption/dereliction of duty etc. against Police Officers. To do all such things as are necessary, incidental or conducive to achieving any of the objects stated herein above. To encourage potential witnesses of crime to come forward to give evidence in a court of law. And to assist the victims family in arranging the release of kidnapee/hostage and to conduct negotiations with the kidnappers. Meetings of the Committee: (1) The Meetings of the Committee shall be held at least once every month or as often as considered necessary. (2) (3) One third of the total Members shall constitute quorum for meetings of the Committee. Members shall be given at least seven days written notice of the time and place of the meeting together with the agenda.
10.
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(4)
The meeting shall be presided over by the Chairman or, in his absence, by the member whom the members present so request. Decisions of the Committee shall be by majority vote of the members present, and in case of a tie, the member presiding the meeting shall have a casting vote. All decisions of the Committee shall be in writing.
(5)
(6)
11. Executive Committee: The Committee shall appoint an Executive Committees of not more five members from among its members to oversee some specific area of responsibility like preparation of budget, audit of accounts, framing of rules, purchase and sale of property, appointment/promotion of employees etc. 12. POWERS OF THE COMMITTEE (1) (i) to pay costs, charges, and expenses preliminary and incidental to the formation, establishment and registration / affiliation of the Committee; to purchase or otherwise acquire any movable and immovable property for the Committee, which property shall vest in the Committee, and to dispose of any such property; To delegate any of its powers to the Executive Committee appointed under these rules To approve the annual budget of the Committee before the start of the year.
(ii)
(iii) (iv)
(2) There shall be appointed a Secretary who will be head of the office and will be responsible for ensuring efficient management of the functions in general and the following in particular to: i. ii. maintain a record of all decisions. conduct official correspondence of the Committee, authenticate documents and sign all contracts and agreements on behalf of the Committee. have such other responsibilities as may be assigned to him/her by the Committee. be the Drawing and Disbursing Officer for the Committee and shall take all possible steps to ensure that the funds of the Committee are spent in the best interest of the Committee and for the items authorized by the Committee. prepare and submit to the Committee before 30th April each year for approval the Annual Budget Estimates of the Committee.
iii. iv.
v.
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maintain correct record of assets of the committee; and perform such other duties as may be assigned to him / her by the Committee from time to time. (3) The office will comprise a small staff to look after administration and accounts of the Committee and shall be appointed, only with prior approval of the Committee, and only after advertisement and interview by the Executive Committee. 13. Rules: Committee may amend these rules as and when required by two third of the total membership with regard to the terms and conditions of service of the employees of the Committee, provident fund rules, disciplinary rules and any other matter considered necessary for the discharge of its functions. 14. Funds of Committee: (1) There shall be a Fund to be known as the Fund vested in the Committee which shall be utilized by it to meet all valid expenses and charges in connection with the functions of the Committee including payment of salaries and other remunerations to the Committee, its employees, and discharge of any legitimate liabilities. The Secretary shall maintain proper Accounts of the Committee comprising all sums of money, and in the month of April each year, the Chairman shall lay before the Committee, for approval, a statement of the estimated receipts and expenditure in respect of next financial year. Balance sheet shall be made out every year and laid before the Committee each year. Audit: i. The Committee will be responsible for appointing auditors for a period of three years. The same auditors could be appointed for another term of three years but thereafter new auditors will be appointed. The accounts of the Committee shall be subject to audit by the auditors appointed under sub section (1) above The auditors should certify correctness of the balance sheet each annual year and the audit report presented to the Committee before 30th. April each year.
vi. vii.
(2)
(3)
15.
ii. iii.
16. Immunity. - No suit, prosecution, or other legal proceedings shall lie against either the Chairman or the members of the Committee in respect of anything done or intended to be done in good faith. ______________
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PILOT-5: CITIZENS FACILITATION CENTRE

i. ii. Title of Project Location: iii. Sponsoring Agency iv. Executing Agency v. Project brief:
Overview
CITIZENS FACILITATION CENTRE District Khairpur, Sindh Asian Development Bank (TA 3618) National Council for Social Welfare Government-NGO Cooperation at District level for facilitating participatory process on development planning and governance. Background It is an established fact that community participation adds to the sustainability of the projects and is a major ingredient of good governance. Lack of an enabling environment and an absence of institutionalized engagement of government and NGOs/Community have been major stumbling blocks in the way of any meaningful partnership between government and civil society. The new LGO has provided several avenues for the involvement of the civil society into the development process. However, the spaces created under the law are required to be institutionalized through the creation of working models of GO-NGO cooperation. Scope of the Proposal The pilot will involve strengthening the NGO-Local Government Engagement through the office of Community Development by way of: Creating physical linkages between district-level groups of offices and LGs for effective NGO involvement in LG initiatives. Developing & pre-testing a simple, local language resource manual for government functionaries and NGOs/CCBs for CCB Registration systems and procedures; Creating a baseline NGO/CCB database for the district. Indus Resource Centre, an NGO which has been active in the formation and strengthening of CCBs in the district, would support the initiative. Justification The issue of ownership lies in the heart of the concept of sustainable development. Community participation in the development process is a major ingredient of success of programs. The new LGO has formalized the participatory as against the representative mechanism for development through self-driven voluntary organizations named Citizen Community Boards (CCBs), which can be constituted at any level of Local Governments in any number and for a wide range of development and capacity building initiatives. CCBs and other CBOs/ NGOs in the district are required to be registered in the newly created Community Development Group of Offices. Merging the offices of Social Welfare, Labour, Co-operatives and Sports and Culture Departments has created this office, which has
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been envisaged to serve as the focal point for interaction between the Local Governments and NGOs/ community. However, this office has not been able to start its functioning in the requisite manner on account of lack of resources and capacity. In Sindh, Khairpur is the only district where some CCBs have started functioning. This progress can be attributed to two major factors i.e., ownership of the concept in the district government and active involvement of NGOs in the formation and functioning of CCBs. Khairpur thus offers a promising prospect for the pilot for strengthening GoNGO cooperation using the CD office as a model for Civil Society Government engagement at the district level where most of the planning and service delivery functions are now concentrated. Implementation Arrangement/ Methodology The pilot aims to create a facilitative network for Government-NGO interface at LG level, facilitated through the Indus Resource Centre (IRC). A baseline database of the NGOs, CCBs and Cooperatives would be prepared by the IRC along with a set of simplified guidelines to facilitate the CCB registration process and LG-NGO engagement. Mode of Implementation/Methodology Preliminary consultation process with the District government Nazim /official, NGO representatives and Provincial officers has been completed. IRC will initiate a survey to compile a baseline database of NGOs, Citizen Community Boards (CCBs), and registered cooperatives in the district. Survey team and project officer have been identified by the IRC and draft design of the survey has been prepared. In the meanwhile, the District government will provide space for the establishment of Facilitation centre in the office of EDO, Community Development (CD). The database and its management software would be provided to the centre with the requisite training and equipment. IRC will also impart training to the LG officials and NGO/ CCB representatives for developing effective partnerships. Institutionalization Project outputs i.e. database format, software, simplified procedures and guideline would be available for replication in other Districts/LGs. Target Group and Beneficiaries The pilot seeks to involve the under-represented and marginalized sections of the society, through the civil society organizations, in the development process. Evaluation The project will be evaluated against the deliverables given in the Indicators in a following slot. Risk Analysis
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Although the new legislation for the local governments has created spaces for the institutionalised cooperation between the government and civil society, this sort of network has no legal foundation. Present Nazim of the district who has been a major driving force behind the community interaction in the development activity, is facing constant threat from the opposition. Any change in political leadership of the district government may destabilise the project. NGO community in the district is also divided on political lines while the elected LG representatives still consider civil society organisations as their competitors for the public resources. Lack of capacity in the LG officials and NGO/ CCB representatives hinder the pace of development towards a constructive participatory mechanism. These factors might also be seen as sound reasons for a concerted effort to build effective civil society-government networking. To set the initial pace of the initiative, the pilot has tried to pick the goal, which falls into a non-controversial domain. A process of an inclusive engagement of all stakeholders may also contribute to risk mitigation for which the opposition groups have also been consulted. By the end of the pilot project: 1. Resource manual for NGO and government personnel containing information on statutory spaces for GovernmentNGO cooperation, recommendations for creating physical linkages among the Community Development group of offices, and simplified procedures and guidelines for registering CCBs will be available in the local language, duly pre-tested. 2. Baseline Database on citizen organizations will be available for general reference. 10-12 weeks 1. Indus Resource Centre. 2. District Government, Khairpur. 1. Physical linkages outlined between Community Development group of offices. 2. Simplified guidelines for CCB registration prepared and adapted into training material and national media campaign. 3. NGO/CCB/Cooperatives Baseline Database prepared and validated by the stakeholders. Rs.325,600.oo
Objective(s)
Cost
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Khairpur CCBs and NGOs Database

Users Guide
1 Installation
A one-time installation is needed to setup this database software on a personal computer running Windows 98 or better. Step 1: Run Setup located in the folder [PNT_Supp_ Prog_040316_Ver 1.2.0_Setup]. During installation follow the instructions on screen. If an "Abort / Retry / Ignore" message comes during installation, first select 'Retry', and if it continues then select 'Ignore'. In the end a 'Successful Installation' message will appear. Step 2: Copy the folder [SurveyOrg_040605_Ver1.0_SuppFiles] to any suitable location in you Hard Drive. This folder contains the main program. You will have to start the program Survey_Orgs from this folder. Step 3: After you have copied the above folder Select All thee files in this folder by pressing CTRL + A. Right click on the Selected files and select 'Properties'. In the properties window, CLEAR the 'Read-only' attribute and press OK.
2 Starting the Database Software

After successfully performing installation, double click "Survey_Orgs" application file. This will start the main program (see Figure 1). You may also create a shortcut to this program on the desktop and start the program for there. Passwords: The Password for the Administrator is 'f' and that for the User is 'a'. These may be changed, as and when necessary, by selecting Change PW in the Survey_Orgs application.
3 Setting up Taluka, UC and Thematic Areas

While existing Taluka and UC information has been entered into the database software, these may be modified by selecting Setup Taluka and Setup UC. Similarly, more thematic areas may be added by selecting Setup Thematic Area. Note that deleting entries in Taluka, UC and Thematic Area will effect the integrity of database. 4 Data Entry The Organisations button presents the data entry screen, which has been designed to follow data items in the questionnaire. All fields are accessible through the keyboard (by pressing enter, tab, and shift-tab keys), as well as through mouse. A brief explanation of all fields is given below, with an asterisk (*) for mandatory input. Org. Code: Organisation Code is generated automatically by the database software.
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Org. Name*: The name of the CCB or NGO. Abbrev.: Abbreviation of Organisations Name. Address*: Contact Address of the organisation. Taluka and UC*: These are drop-down entries, and can be selected by typing the first letter of name, or by using cursor keys. Phone #1, #2, Fax, email and web: For entering telephone and fax numbers, and email and website address. Working Since (Yr.)*: This field requires the year (e.g. 1986) when the organisation started working. Registered in (Yr.)*: This field requires the year (e.g. 1986) in which the organisation was registered. Reg. Status*: Using this drop-down field, the registration status of the organisation is entered. The values include CCB, Society, Cooperative, Social Welfare Agency and Trust. Other Reg.: In case, the registration status (above) is Other then the registration status is entered manually. Thematic Areas*: The seven thematic areas mentioned in the questionnaire are listed alphabetically in a check-box field. These may be selected by pressing space bar key, or using mouse. Multiple thematic areas may be selected. Geographical Coverage*: If the organisation is working in all Talukas and Union Councils of Khairpur, then Whole District Coverage is to be selected. Alternatively, select UC Level Coverage, which is the default setting. Then proceed to check-box field that presents all Talukas and Union Councils in alphabetical order. Add Project: Details of projects undertaken by the organisation are to be entered here. The fields are Project Title, its Budget, and Funding and Non-funding Support provider. Once all details pertaining to a project is entered, press Save to grid to proceed further. Contact Persons Name & Designation: Enter the name of the person and designation of the person interviewed for filling out this questionnaire. Data Collectors Name: Enter the name of person who had collected the data.
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Date: The date of data entry and/or modification is saved automatically by the database software. Once all data is entered, press the Save button. If any of the mandatory information was not entered, a message will appear indicating the field name to be filled in.
5 Editing
Once inside the data entry module, pressing Edit button lets one modify the data. The procedure is same as that of data entry for mandatory fields. After making changes, press the Save button.
6 Deleting an entry
To delete an entry, press the Delete key. After confirmation, the record will be deleted. Use this option with care, as it may result in unintentional data loss. 7 Browsing Pressing the Organisations button shows the latest record. To browse data, use arrow keys on the top. These are: << < > >> First Record Previous Record Next Record Last Record
8 Search
The Search button (see Figure 3) within the data entry module lets one conduct a search on a criteria. This is helpful for browsing and editing selected records. To enter a search criteria, select a field from the drop-down field, enter the value in the blank field, and press Search key. Results will be displayed in the form of Organisation code. Selecting an Organisation code, will show the complete record.
9 Reports
The report module has been designed in a way that the same output is used for display on the screen, as well as for printing on the printer. Selecting Reports from the main screen presents a screen (see Figure 4) which is used to enter criteria. To enter criteria, select field name by pressing the check-box next to a field name, and then enter value. Multiple fields may be selected for a complex query. After entering search criteria, select type of report: summary or detailed. The detailed report presents all data pertaining to an organisation, while the summary data has only the essential information on the organisation, like name and contact address. Press the Generate Report button to view and/or print report.
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Figure 1: Main Program Screen
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Figure 2: Data Entry and Browsing
Figure 3: Searching records
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Figure 4: Reports Module
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CCBs Resource Manual

for
Citizens and Government Functionaries

on Citizens Community Boards (CCBS) and Other Non Government Organizations (NGOs)
August 5, 2004
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Acknowledgments This Resource Manual has been compiled by interviewing a number of government officials and using the NGO Registration Study of NGO Resource Centre that was amassed by the RAASTA Development Consultants. I would like to thank all the Government officials who answered questions and provided the related information. In this Resource Manual information on registration procedure of Citizens Community Boards (CCBS) are accumulated by reviewing the Sindh Local Government Ordinance (SLGO) 2001, National Reconstruction Bureaus publications and websites and taking interviews of Government officials at local level. However, the last three sections of Resource Manual are updated version of the NGO Registration Study. I am grateful to all of the following Government officials who spared their valuable time for providing the information and opinions. Mr Sualeh Farooqui, Additional Secretary Education, Government of Sindh. Mr Iqbal Ahmed Zubedi, Executive District Officer (EDO), Community Development Department (CDD) of City District Government Karachi (CDGK). Mr Shabbir Soomro, District Officer (DO), Social Welfare Community Development Department (SWCDD) of District Khairpur. Mr Niaz Hussain Unar, District Officer (DO), Cooperative, Community Development Department of District. Mr Salahuddin Panhwar, Deputy Director - Administration, Provincial Coordinator, Social Welfare Department. Mr Imran Mehdi, District Officer (DO), Cooperative, Community Development Department (CDD) of CDGK. Ms Zerfishan Arbab, Deputy District Officer (DDO), Social Welfare Community Development Department (SWCDD) of CDGK.
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TABLE OF CONTENTS 1. 2. 2.1 2.2 3. 3.1 3.2 3.2 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 4. 4.1 4.2 5. 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 6. 6.1 6.2 6.3 6.4 6.5 6.6 6.8 6.8 6.9 6.10 Introduction Spaces for Citizens in New Devolved System: Opportunities Local Government Ordinance(s) 2001 Local Police Order 2002 Citizens Community Boards (CCBs) Registration of CCBs Formation of CCBs Procedure for Registration Guidelines for Citizens Guidelines for Government Functionaries Time lag between submission of application and registration Expenses Obligations Requirement vis--vis registration authority Dissolution CCBs Development Project: Preparation, Approval and Implementation Non Government Organizations Registration of NGOs The Process of Registration Voluntary Social Welfare Agencies Registration of Voluntary Social Welfare Agencies Requirement Relating to Membership and Management Committee Procedure of Registration Guidelines for Citizens Guidelines for Government Functionaries Legal Status Obligations Requirements vis--vis Registration Authority Winding up and Dissolution Benefits of Registration under Social Welfare Ordinance Cooperatives Registration of Cooperative Societies Requirements relating to Membership and Management Committee The Procedure for Registration Guidelines for Citizens Guidelines for Government Functionaries Legal Status Obligations Requirements vis--vis Registration Authority Winding up and Dissolution Benefits of Registration ANNEXES BIBLIOGRAPHY
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SECTION I INTRODUCTION 1. Introduction In year 2000 district governments came into being that provided many opportunities to general public to take part in the Governments development and non-development programme. In this regard Government has promulgated the Sindh Local Government Ordinance (SLGO) 2001 and the Police Order (PO) 2002 in which it has acknowledged that social development is tied closely with vibrant role of citizens. Both reforms seek to enhance the participatory role of citizens by creating multi-stakeholder forums through which citizens can ensure transparent, equitable and humane governance at the grass-roots through statutory bodies, such as Monitoring Committees, Insaaf Committees, Masalihat Committees, Public Safety Commissions, Citizen-Police Liaison Committees, Citizen Community Boards and Citizen-Court Liaison Committees. Pakistans current Perspective Plan (1998-2010) also explicitly encourages Government-NGO partnerships. It has been observed that generally citizens are not aware of the fact that SLGO 2001 and PO 2002 provide many opportunities for their contribution in the social development process. Also officials of the newly created departments of Community Development and Social Welfare at district level lack the skills and knowledge needed for their enhanced role. They have not received training to prepare themselves for their role in engaging citizens in various capacities. It reveals that in the new devolved system citizens in general and government officials at the local level in particular, are still unclear about their respective roles. The main objective of producing this resource handbook is to provide detailed information to the citizens of Pakistan as well as Government functionaries about their respective roles in the new government setup. This Resource Manual discusses all the stake-holders forum mentioned above in section 2. However, the main focus is on the registration process of those bodies which are registered at district level. These are Citizen Community Boards (CCBs), Social Welfare Agencies, and Cooperative Societies. The reason for giving particular emphasis to CCBs is that the citizens have generally not made use of this. At the time of writing this Resource Manual the number of registered CCBs in Karachi was 4 and none of them has initiated any development projects. The main focus of this handbook in on the registration and process of CCBs. Because it is the first time in the history of Pakistan that Government has given an opportunity to the citizens with the financial support for their involvement in the development process by initiating their own development schemes/projects. The other rationale of focusing on CCBs is the small number of registration in different districts of Sindh.
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It is hoped, Resource Manual will serve the purpose of disseminating the complete and accurate information to the citizens about CCBs formation, registration, and project designing in an easily understandable manner. It will also define the respective role of Government officials of Community Development Groups of Offices regarding their specific duties and responsibilities for the formation, registration of CCBs and monitoring of development schemes/projects.
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SECTION II SPACES FOR CITIZENS IN NEW DEVOLVED SYSTEM 2. Spaces for Citizens in New Devolved System: Opportunities There is a need to communicate to stakeholders that the new devolved system of local government creates spaces for effective participation of citizens at all levels for a meaningful engagement of Government and Civil society. During the last three years, the State has exhibited its eagerness to fully avail of the potential for citizen partnerships through institutionalized spaces within the two laws namely, Sindh Local Government Ordinance 2001 and Police Order 2002 that outline decentralization reform. Both legal frameworks not only highlight specific areas for Government and community interaction for governance, public safety and service delivery, but also determine general structural modalities for housing them. These take the form of statutory bodies such as Community Citizen Boards (CCBs), Monitoring Committees (MCs), Insaaf Committees (ICs), Masalihat Anjumans (MAs), Citizen-Police Liaison Committees (CPLCs), Citizen-CourtLiaison Committees (CCLCs), Public Safety Commissions (PLCs). 2.1 Local Government Ordinance(s) 2001 The Local Government Ordinance 2001 (LGO 2001) stipulates the establishment of four key institutions: the Provincial Local Government Commission (PLGC); the Provincial Finance Commission (PFC); the Reconciliation Committee (RC) and Citizen Community Board (CCB). The brief descriptions of these institutions are given below: 2.1.1 Provincial Local Government Commission oversees the interaction between the provincial and local governments, and resolve disputes. Under the Sindh Local Government Ordinance (SLGO), the PLGC must include two Civil Society representatives, one nominated by the Leader of the House and other by the Leader of the Opposition in the Provincial Assembly. However, the membership criteria for Civil Society representatives are not clearly articulated in the ordinance. Consequently, MPAs have been nominated to these positions. It is suggested that the spaces on the PGLC are best utilized by accommodating uncontroversial, upright citizens recognized for their services to society and those ideally having a conciliatory, non-parochial image. The MPAs have a weak case because they are a natural party to possible disputes arising between two tiers of government. Their sole presence on the PLGC, without a counter-balancing representation from the lower tiers goes against the spirit of the PLGC. Provincial Finance Commissions create a system of equalization payments and redistribution of resources among the districts. The LGO provides space for inclusion of three professionals from outside the government, as Private Members to be nominated by the Provincial Government.
2.1.2
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There is ambiguity in the interpretation of term private, even though indicating an individual with no official status does not automatically make way for a nominee representing civil society. It is suggested that nomination of the PFCs private members should be made on a defined set of professional criteria and nominees required to present acceptable credentials of qualifications and experience in public finance. In the spirit of merit, equity and transparency, rules of business can be modified to have the private member nominees presented for confirmation to the Provincial Assembly. There is nothing to prevent the government doing so in the law, and such a step may have a salutary effect in promoting Good Governance principles and setting a precedent in parliamentary debate. 2.1.3 Reconciliation Committees have the primary mandate of acting as an alternate dispute resolution bodies among citizens. The SLGO stipulates that RCs comprise three private citizens of good repute, duly nominated by the Insaaf Committee of each Union Council. In their public representative roles, the Councillors are already carrying out reconciliation roles in family and local disputes. According to SLGO 2001, any court of competent jurisdiction may refer a matter to the Reconciliation Committee for settlement. And, when the dispute is settled between the parties, the court may make such settlement as rule of court. In case, the dispute is not settled within the time fixed by the court, Reconciliation Committee shall inform the Court or may ask for extension in time for settlement of the dispute. For a particular case if parties are not satisfied with the panel of Conciliators they can request for the appointment of another person. The Union Nazim, in consultation with the Insaaf Committee, may appoint such person as Musleh for that case. However, no legal practitioners can take part in the proceedings of RC on behalf of the party. 2.1.4 Citizens Community Boards are provided for in SLGO 2001 as independent vehicles of public participation in local development through the Annual Development Plan process. The law aims to enable the proactive members of the community to participate in community work. Elected local bodies may facilitate the creation of CCBs which are by definition voluntary organizations, operating through a democratic participatory structure independent of any formal State or para-statal apparatus of local government. From the available documents it appears that it is possible to create CCBs around service providers to advise policy direction or monitor progress of locally initiated development projects. This is a wider role that is played merely by participating in community work as voluntary organizations. The wide ambit of activity for CCBs includes service delivery, managing public facilities, cooperative activities, or reinforcing monitoring committee capacity. The CCB law establishes some rules of procedure such as periodicity and quorum of meetings, local fund-raising, transparency of accounts & banking transactions and maintaining records of proceedings and fund-raising. An element of vagueness creeps in when it is not explained how CCBs are expected to provide a powerful enabling environment for local development. This must be followed by an effective awareness and orientation campaign so CCBs acquire the recognition they deserve to fulfill expectations from them.
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2.2
Local Police Order 2002 The Police Order 2002 stipulates the establishment of three statutory bodies, i.e. Public Safety Commissions (PSC) at the National, Provincial and District levels, Police Complaint Authorities (PCA) at the Federal and Provincial levels, and Citizen-Police Liaison Committees (CPLC) at the local level. Citizen Court Liaison Committees (CCLC) have been mandated under the directive of the superior judiciary.
2.2.1
Public Safety Commissions have been formed with the objective of guiding and evaluating the performance of Police. It comprises government and private members divided equally. At the national level half the membership is nominated by the President. At the provincial or district levels this is done by the Governor. One third of the membership must comprise women. According to PO 2002 a person cannot become the independent members of PSC if he/she is an activist of any political party or has held any representative office or has remained a public servant in the six months immediately preceding such appointment is found suffering from physical or mental incapacity or illness is declared a bankrupt, loan defaulter or tax evader is not a citizen of Pakistan holds an office in the service of Pakistan is in the service of any statutory body or any other body which is owned or controlled by the Government or in which the Government has a controlling share or interest has been dismissed, removed or compulsorily retired from the service of Pakistan on grounds of corruption or any other form of misconduct is convicted of a criminal offence has any conflict of interest or is involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people, and the good order and harmony of society. Police Complaint Authority functions as a general oversight body for the conduct and functioning of the police. It comprises six members appointed by the Federal or Provincial Government through their respective Public Service Commissions. These bodies offer no separate space for direct civil society participation. Citizen Police Liaison Committee is a voluntary and autonomous body with the mandate of empowering citizens to participate in public safety work. Such as CPLC may develop a mechanism for liaison between aggrieved citizens and police for providing relief. Citizen Court Liaison Committee is conceived as a voluntary citizens body which interacts with the judicial system to improve citizen access and expedite the judicial processes through awareness, empowerment, lobbying and informed engagement with members of the judiciary, the bar associations and the legal profession to the benefit of the citizen.
2.2.2
2.2.3
2.2.4
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SECTION III CITIZENS COMMUNITY BOARDS (CCBs) 3. Citizens Community Boards (CCBs) A Citizen Community Board is a new institutional setup that is created in the system in order to energize the community for improvement in service delivery through voluntary, proactive, self help initiatives and to take up the welfare of the handicapped, destitute, widows and families in extreme poverty. The main purpose of introducing CCBs is to mobilize communities at grass root level and create a sense of ownership among them. According to prescribed rules CCBs will contribute in project design, implementation, management and monitoring at grass root level with a view to improving services through bottom up planning and development process. According to SLGO 2001 a CCB is a non-profit organization that may raise funds through voluntary contributions, gifts, donations, grants and endowments for its declared purposes without compromising the larger interest of the community. It may also receive project-based cost sharing support from any local government. Specific functions, composition, conduct of business, and funding mechanism of CCBs are given below: Functions of CCBs Improvement of delivery of services by a public facility Development and management of a new public facility Welfare of the handicapped, destitute, widows, and families in extreme poverty Establishment of farming, marketing and consumers cooperatives Identification of development and municipal needs and mobilization of resources Formation of stakeholders associations for community involvement in the improvement and maintenance of specific facilities, and Reinforcing the capacity of a specific Monitoring Committee at the behest of the concerned Council. Conduct of Business The code of Conduct has been provided in Section 99 of the Ordinance. The details are provided below. The Citizens Community Board shall be a non-profit organization. Its income and assets shall be used solely for the attainment of its objectives. No portion of the income shall be paid by way of dividend, profit or bonus to any of its members or contributors. The Citizens Community Board shall have a general body of its members who shall elect a Chairman, Executive Committee and a Secretary of the Board for carrying out its functions. The term of office of the Chairman, members of the Executive Committee and Secretary of the Citizens Community Board shall be two year extendable through election for a similar term or terms by the general body.
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All business of the Citizens Community Board shall be disposed of in its meetings, which shall be presided over by the Chairman. The Executive Committee of the Citizens Community Board shall hold its meetings at least once in every three months. The quorum of the meetings of the Executive Committee of the Citizens Community Board shall be 40% of the total membership of the Executive Committee. The quorum of the meetings of the general body of the Citizens Community Board shall be one fourth of its total membership. The Secretary of the Citizens Community Board shall be responsible for recording the proceedings of the meetings. He shall also up-keep the books with duly maintained records. The Secretary shall present the annual statement of accounts in the annual meeting of the Citizens Community Board. After its approval the statement shall be submitted to the registration authority within thirty days. The Citizens Community Board may, in its general meeting, remove any office bearer or member by a resolution on account of unsatisfactory performance or misconduct. The Chairman and Secretary shall be responsible for safe custody and management of property and assets of the Citizens Community Board. Composition of CCB General Body (GB) consisting of at least 25 non-elected persons Executive Committee (EC) consisting of at least 7 members Chairman Secretary Sources of Funding 25% of the Annual Development Programme at the District, Tehsil/Town, and Union level 20% - 80% of project cost shall be financed by a CCB Funding Mechanism An approved development scheme shall be financed by a Local Government through matching grants up to 80% of the budget while remaining 20% of the cost of development scheme is financed by the CCB. Dealing Offices Office of Executive District Officer (EDO), Community Development Offices of Town/Taluqa Municipal Officers (TMOs) Offices of Secretary Union Administration Registration of CCBs CCBs are required to obtain registration in order to actively participate in the development and non-development activities of the district and to receive the matching grants from local government. There shall be no limit on the number of CCBs, which can be registered in a local area.
3.1
3.1.1
Sindh Local Government Ordinance, 2001
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Unlike NGOs, which are registered under various Acts/Laws, Citizen Community Boards are registered with the District Governments under the Section 98 of the Sindh Local Government Ordinance 2001. The registration is valid within the District under the jurisdiction of the Registration Authority and does not require renewal. 3.1.2 Registration Authority Executive District Officer (EDO), Community Development Department (CDD) is the only authority for the registration of CCBs at the District level. The registration issued by the EDO, CDD will be valid for all Local Governments within that District. Formation of CCBs Despite the fact that National Reconstruction Bureau (NRB) has provided detailed guidelines and SLGO has provided an exclusive chapter on CCBs; citizens and Government functionaries are still unclear about the formation of CCBs. Theoretically, District governments are responsible for the formation of CCBs. It is not reported anywhere that how this objectives will be accomplished. Formation of CCBs is a first step towards the registration of CCBs. Unfortunately in the law and prescribed rules it is not reported that who is responsible for the formation of CCBs and what would be the actual procedure to follow. It is suggested that Social Welfare, Community Development Department should be held responsible for the formation of CCBs in its pertinent district. Following points are suggested to keep in view while considering the formation of CCBs. 3.3 People should be organized in groups at all levels; The spirit of self reliance should be created in the people; People should identify their local problems by themselves; Ways and means should be discovered to solve the problems through mobilization of local resources with mutual cooperation and support of local Government institutions People must own the development projects Procedure for Registration The procedure for registration is stated below in six steps. These are collection of information, confirmation of proposed name for CCB, preparation of application for registration, submission of application, inspection, and grant for registration. This section provides guidelines for citizens and concerned government officials regarding their responsibilities and duties which they would have to perform in the process of registration.
3.2
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3.4
Guidelines for Citizens First Step Collection of Information The applicant should go to the office of the District Officer (DO), Social Welfare, Community Development Department (CDD) of pertinent district. The applicant may also approach the Executive District Officer (EDO), CDD of his/her district. At Karachi, EDO office is situated at Aiwan-e-Riffat, Fyzee Rahamim Art Gallery M.R. Kiyani Road Karcahi (Tel: 9213361-63).
3.4.1
How should the applicant approach the office? The applicant may approach the office of DO Social Welfare, or EDO Community Development Department directly.
3.4.2
Who will give the applicant information about registration? DO, Social Welfare, CDD himself/herself will provide the applicant relevant information about registration requirements and procedures.
3.4.3
What information will the applicant be given and how? The DO, Social Welfare, CDD will give the applicant all the information and details required by him/her and will also inform him that the National Reconstruction Bureau (NRB) has prescribed a model Charter and guidelines for registration which list the Application Form for Registration and other documentation required. On request the prescribed Application Form and Model Charter can be obtained from the DO, Social Welfare, CDD. If there is still any confusion after obtaining these documents, further help or advice may be sought for from him. Second Step Confirmation of proposed name for CCB The first step for the registration of CCB is to achieve a confirmation letter about the name of CCB from registration authority. In this respect, members of CCB shall submit an application on a plain paper to the EDO, Community Development department requesting for information as to whether the proposed name from them is available for registration. The application must contain:
Proposed name of CCB Name of the Union Council in which the office of CCB is to be registered Signatures of two founder members along with photocopies of their National Identity Cards (NICs)
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After making sure that the proposed name in the application is not identical or so nearly resembling that of a registered CCB, the Registration Authority will provide a confirmation letter stating that the proposed name for CCB is available to the applicant. Third Step Preparation of Application for Registration During the collection of information DO, Social Welfare, CDD will inform the applicant that he/she is required to complete and submit the following documents: An application Form for registration signed by its Secretary and witnesses (Attached as Annex - 3A) Three copies of the Charter which shall be duly subscribed and witnessed (Attached as Annex - 3B) A copy of confirmation letter received from the Registration Authority showing that the proposed name of the CCB is available List of 25 Founder members/General Body members with their particulars List of 7 office bearers (Chairman, members of the Executive Committee, and the Secretary) Photocopies of NICs of office bearers Registration fees (Prescribed by local government) How will the applicant complete the requirements? After receiving the approval of name for CCB the applicant will have to: Get a copy of Application Form for Registration of CCB from DO of the Social Welfare, CDD. The application must contain: a. The name of the CCB b. The address of CCB c. Field of operation (e.g., upgradation of existing outlet, establishment of new outlet, capacity building, others specify) d. Sectors and Sub-sectors of interest (e.g., agriculture, health, education, others specify) e. Names, designation, education, occupations and addresses of office bearers f. Name and addresses of witnesses The application must be certified to be correct, signed by Secretary of CCB and witnessed by three persons. Prepare a draft of the Charter of the CCB either himself/herself or through a lawyer. If the Charter is being prepared by the applicant, he/she should refer to the model Charter or see the model of some recently registered CCB. The Charter should contain all the provisions mentioned in the elements of Charter of the CCB as per Schedule I of the Rules, i.e. a. b. c. d. Name of the CCB Name of the Union Council Address of CCB Field of operation
3.4.4
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e. f. g. h. i. j.
Sector or sub-sector of operation Objectives Membership Meetings CCB project management Amendment in the Charter
Prepare three copies of the Charter and get it duly signed by the founder members of the CCB and witnessed by the two persons Prepare a copy of a confirmation letter received from the Registration Authority showing that the proposed name of the CCB is available Prepare a Register of members following the format of CCB Form 2 (Attached as Annex 3C) Prepare the photocopies of NICs of office bearers Arrange the registration fees (Prescribed by local government) Fourth Step Submission The application shall be submitted in the office of the EDO, Community Development Department of the district.
3.4.5
What happens after submission? After submission of the application to the registration authority applicant will have to wait till intimation from the department. This is likely to take upto 15 days. If there is some problem or objection, the applicant will have to meet the concerned officer to see how this can be overcome. Corrections and amendments will have to be made. Sometimes this can take many weeks or months. In the case of rejection of application from the Registration Authority any person may appeal in writing to the Zila Nazim within thirty days of the date of such order of rejection. However, after the rejection of the appeal by the Zila Nazim or on non receipt of a reply within thirty days from Zila Nazim, the person may file another appeal to the concerned Zila Council within thirty days of the date of such rejection or within thirty days of the expiry of the fifteen days period. Such appeal shall be presented by the Zila Council in the next meeting.
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3.5
Guidelines for Government Functionaries Fifth Step Investigation If the submitted documents are in order, the EDO Community Development Department shall order an investigation against the CCB. In this respect he will contact the Deputy District Officer, Social Welfare, Community Development Department of the pertinent district and order him or her to confirm the addresses of CCB office, all CCB members including Executive Committee and General Body Members. The investigation is usually carried out by a Deputy District Officers, Social Welfare, CDD. Sixth Step Grant of Registration After such investigation and after obtaining such further information, as it may consider necessary, the EDO Community Development Department on being satisfied, shall issue a certificate of registration. The applicant is then notified to come and collect it.
3.6
Time lag between submission of application and registration Officials of Community Development Department state that it usually takes upto one month time, however experience of some CCBs has shown that it may take up to three months under normal circumstances and up to a year or more if the CCBs charter and objectives are a little different from the prescribed format. The NGO needs to be prepared to make 5 to 12 visits between collection of information and grant of registration.
3.7
Expenses There is registration fee i.e., Rs. 50/-. Other costs associated with the preparation of documents for this registration are generally low and may include some or all of the following: Typing or word-processing Photocopying Paper and stationery Cost of hiring a lawyer or consultant
3.8
Obligations A CCB is legally bound to follow certain basic rules if it is registered under this Ordinance. These may be described as the obligations of the CCB to the registration authority:
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Every registered CCB must a. Maintain financial and administrative records b. Submit a physical and financial and narrative reports to the Local Government on progress of the project c. Submit a final implementation compilation report for the project within 60 days of the end of project period d. Ensure that there are no irregularities in the use of funds granted by Local Government. e. Extend full cooperation to the monitoring team of the council or to the external party contracted by the Local Government.
The CCB should also maintain the following records: a. b. c. d. e. f. g. h. i. A cash book entering all amounts paid or received supported by necessary vouchers A ledger containing all accounts A membership book with the names and addresses of the members A minutes book containing records of the meetings of the CCB An inspection book to record the views of the persons authorized to inspect the CCB In-ward out-ward Register Activities report Project proposal reports Other relevant office files such as correspondence file, Newspaper Clippings files etc.
3.9
Requirements vis a vis registration authority Once in every year before the 31st of August, every CCB must file with the Registration Authority the following documents: List of members with NIC numbers Particulars of its Chairman, members of the Executive Committee and the Secretary Copies of the audit annual accounts of the previous year List of the development projects undertaken. Dissolution
3.10
3.10.1 By Registration Authority If the registration authority has reason to believe that a registered CCB is acting in contravention of its Charter or contrary to the Ordinance or rules, it may, after giving the CCB an opportunity to be heard, make a report to the Zila Council. After approval of the Zila Council, Registration Authority may dissolve the CCB from a specified date. 3.10.2 Voluntarily A registered CCB cannot be dissolved by the governing body or members. But if more than three-fourth of members of a CCB apply to the Zila Council for dissolution of the CCB, the Council may order such dissolution from a specified date if it considers it proper to do so.
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3.11
CCBs Development Projects: Preparation, Approval and Implementation According to rules the CCB project shall be identified within the overall policy guidelines and framework of the local government concerned to which the CCB project shall be submitted for funding. CCB finds are earmarked in the development budget at all levels of local government. CCB projects shall be initiated at the grass roots level in every local area, and the residents thereof shall primarily be involved in every local area. However, a CCB shall identify project proposals in accordance with the classification of Projects issued by the local Government concerned. At all levels of local government; Zila, Taluqa or Town, and Union every Council must allocate 25% of its budget for CCB schemes in Annual Development Programme.
3.11.1 Preparation Responsibilities of CCB Members in preparation of Project Proposal Project Identification: CCB members will discuss the Project concept with the concerned sectoral Office of the local government to which the project relates. In this regard the concerned CCB officials shall arrange the meetings for the CCBs with the sectoral offices. Parameters of Project Identification: According to Rules a CCB shall identify projects subject to the following: 1) 2) 3) 4) 5) 6) 7) 8) Classification of schemes issued by the concerned local government; Needs of the community; Capacity to implement the project; Cost-benefit analysis; Duration of project; Financial implications; Compatibility with availability of the resources; and Sustainability.
Feasibility Report of Project: After the identification of development project CCB requires to prepare a feasibility report of the project. In this regard members of CCB can get help from the concerned local Government office to which the project relates. Such as Works and Service Department can prepare the cost estimates, determining the viability and in other issues relating to the project. Project Proposal Preparation: The CCB shall prepare the project proposal in CCB Form 4 (Attached as Annex 3D). The main feature of project proposal is the CCBs contribution in the total budget of the development schemes. According to law a CCB liable to bear the 20% of total budget of project. Further, a CCB may in addition to 20% share make contribution towards the cost of a project in kind. The in kind contribution shall be considered as additional contribution and included in the ranking and evaluation of the proposal.
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Project Submission: A CCB after the completion of Project Proposal in CCB Form 4 submit the Project Proposal to concerned Council or the EDO Community Development Department according to the time frame. Agreement between CCB and Local Government: Upon receipt of approved project proposal CCB shall sign an agreement with the local Government. CCB Bank Accounts: After approval of a project by the Council a CCB shall open an account for that project within the limits of the local area in which the CCB has its office and deposit its share of the cost of the Project approved by the council. The Accounts opened and maintained by a CCB shall be operated jointly by the Chairman and Secretary of the CCB. However, a CCB shall not incur debt; also a CCB shall open separate Accounts for each project.
3.11.2 Approval: Processing of CCB Project by Local Government Responsibilities of EDO, Community Development Department (CDD) The EDO Community development Department shall confirm the following before submitting the project proposal to the concerned Development and Planning Officer. 1) The CCB concerned is duly registered under the Ordinance and specified Rules; 2) The project proposal is in conformity with the classification issued by the concerned local government; 3) CCB draft in the amount equal to the 20% share in a project is attached, which shall be returned to CCB after the decision of the Council concerned. The draft shall be in the name of the CCB; and 4) The project proposal submitted is in conformity with CCB Form-4 EDO, CDD forward all CCB projects to the concerned Councils; Union Council, TMA, Zila Council with the comments and recommendations of Development and Planning Officer and the Budget and Development Committee. Responsibilities of Development and Planning Officer The concerned Development and Planning Officer shall draw up a first statement specifying the Projects proposed by the CCB by classification including the total amount of a contribution for a particular classification of the project based on the policy framework. For details see Volume II Schedule V. A second statement shall determine contribution amounts for a particular project as a ratio of the total contribution for all projects of CCBs for that year and the statement shall be used to determine the amount of allocations for a classification of projects from the budgets reserved for the purpose. For details see Volume II Schedule V. A third statement shall be drawn up which shall identify the number of projects included in a particular classification beginning with the projects containing the highest contribution by the CCB in a classification, until all the projects in this classification are selected or the funds allocated for that particular classification in the amount determined in sub Rule (2) above are exhausted. For details see Volume II Schedule V.
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The in kind contribution shall be considered as additional contribution of the CCB while making the ranking in the third statement. The Development and Planning Officer shall submit the CCB Projects to the Budget and Development Committee of the concerned local Government through the Finance and Budget Officer for inclusion in the Annual Development Programme (ADP). Project Proposal Review by the Budget and Development Committee
The concerned Budget and Development Committee shall conduct complete review and analysis of the project proposals submitted by the CCBs and may recommend changes to be made in the project proposal. The Budget and Development Committee shall not reject any CCB Project Proposal. The Budget and Development Committee shall send back the project proposal with its recommendation to the EDO, Community Development Department who shall forward the same to the concerned Councils. Approval of Project Proposals by the Council
The concerned Council shall approve such CCB Project Proposals as it deems necessary keeping in view the comments of the Budget and Development Committee. The projects approve by the Council shall be communicated to the CCBs concerned, through the EDO, Community Development Department after approval of the budget.
3.11.3 Implementation CCB Members Responsibilities CCB upon receipt of approved project budget estimates shall submit the following documents to the EDO, Community Development Department or concerned CCB official dealing with CCB. 1) Certificate of a Bank or post office showing evidence of deposit 20% share of the CCB; 2) Copy of duly executed agreement with the local government 3) Request for first installment as per CCB Form 6 (Attached as Annex 3E) The installment shall be released to the CCB as per the agreed schedule within 30 days from the receipt of request made by the CCB. In case of delay in the release of installment within 30 days the CCB may approach the Council for release of the installment, which shall take up the matter in the next meeting. On receipt of first installment CCB shall implement duly approved projects as specified in the project agreement by itself. CCB shall implement the project within the allocated funds and within the allowed time frame.
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Concerned CCB Officials Responsibilities Upon submission of the documents from CCB to initiate the implementation of project, the CCB official shall, in accordance with the disbursement schedule in the agreement transfer the first installment (30% of total government share in project cost) into the account specified by the CCB. Remaining 50% of government share is disbursed in two installments (25%25%). Subsequent transfer of installments by the local government concerned shall be made in accordance with the schedule agreed to between the CCB and the local government concerned. The release of subsequent installment shall be subject to the approval of the concerned local government. The release of installments to CCBs shall have priority over other expenditures of the local government. The respective accounts official shall not make any payment against the budget if: 1) The 25% of the development budget has not been reserved for CCBs; and 2) The unspent balance from the previous reserved CCB amount has not been added to the CCB allocation in the current year budget.
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The respective accounts officer shall ensure that the reserved amount for CCB is safeguarded during the budget year and is spent solely for that purpose.
3.11.4 Monitoring and Evaluation CCBs projects shall be subject to monitoring and evaluation by the respective Monitoring Committee constituted under Ordinance or by any other agency/official(s) notified by the concerned local government. The Monitoring Committee shall prepare monitoring and evaluation report of the CCB projects and shall submit the same to the Council and the Nazim concerned. The Monitoring Committee shall neither interfere in the day to day affairs of the CCB nor shall it stop the work of the CCB. The CCBs shall provides access to all its record to the Monitoring Committee or any other agency, Official (s), notified by the local Government. Monitoring of CCBs by a local government shall be non-intrusive.
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SECTION IV NON GOVERNMENT ORGANIZATIONS (NGOs) 4. Non Government Organizations An NGO is normally considered to be a non-government organization which works for the welfare, benefit and/or development of society or certain section of society. It is usually constituted by a body of volunteers. Civil Society: A Working Definition for NGOs: In Pakistan, Civil Society is generally employed as an umbrella term for a range of non-State and non-market citizen organisations, initiatives, networks and alliances operating in a broad spectrum of social, economic and cultural fields. Among the formal institutions are political parties, non-governmental development agencies (national and international), trade unions, professional associations, philanthropies, charities, and academia, independent and quasiindependent pressure groups, think-tanks. Among traditional or informal bodies are faithbased organisations, shrines, seminaries, neighbourhood welfare associations, burial societies, jirgas and savings groups. These same institutions are commonly referred to as NGOs in official or media communication. Some NGOs have paid employees who are usually responsible for its administrative functioning. It is usually a non-profit organization, which means that its members are not entitled to any profits from the earnings or income that it generates. In some cases, for example cooperatives, the members derive financial benefits from the profits. 4.1 Registration of NGOs An NGO in Pakistan does not have to register itself to perform charitable, welfare or developmental activities. However, there are some specific types of activities that can only be carried out if the NGO is registered under a particular Act/law. There are certain important advantages an NGO may gain upon registration which it would otherwise not have. 4.1.1 ACTs/Ordinances for Registration There are five Acts/Ordinances in Pakistan under which an NGO can register itself. These are: Voluntary Social Welfare Act Agencies Registration and Control Ordinance, 1961 (for registration as a Social welfare Agencies) The Societies Registration Act, 1860 (for registration as a Society) The Cooperative Societies Act, 1925 (for registration as a Cooperative Society) The Companies Ordinance, 1984 (for registration as a Non-profit Company) The Trust Act, 1882 (through a formal declaration of Trust) It is important that an NGO seeking registration first review these five available laws and then choose the most suitable for its needs. Types of NGOs Admissible Under Each Law The types of NGOs that can apply for registration under each law have been presented here:
4.1.2
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Voluntary Social Welfare Agencies Registration and Control ordinance, 1961 Agencies involved in social welfare, social work, social education and related training. Societies Registration Act, 1860 Charitable and professional bodies and those for the promotion of science, knowledge, philosophy, religion, literature, arts and education-. Can include other areas of work as long as the broad thrust is within the definitions provided. The Cooperative Societies Act, 1925 Bodies formed with the objectives of obtaining/producing/ selling goods and services for members, obtaining/disposing property and labour of members, providing other services for members and dividing profit equally among members. The Companies Ordinance, 1984 Associations formed to promote commerce, art, science, religion, social services, charity etc, where any income is applied in promoting the associations promotion of objectives and not divided among members. The Trust Act, 1882 Public Charitable Trusts can be in any area and benefit any group as long as there is some property (land, money, etc) which has been pledged for this purpose. 4.1.3 Consideration of Various Factors by NGOs for Registration There are a number of factors which an NGO must consider before it decides which form of registration is most suitable for it. These are: An NGO will have to see if the objectives and activities it intends to pursue fall within the ambit of the form of registration it is considering. Many of the forms of registration have some minimum requirement with regard to members. Some also lay down further rules or qualifications for membership. The NGO will have to see if it can fulfill the requirements with regard to membership before it considers a particular form of registration. Some forms of registration also require that there be a minimum number of persons for managing the affairs of the organization. Once again, the NGO will have to see if it can meet these conditions. Every form of registration has different procedures and requirements for registration. The NGO will have to make sure it can fulfill the requirements before making a decision. Most forms of registration have some basic rules for the functioning of the organization. The NGO should examine these to see if it can work according to them. Under most forms of registration, the NGO has some basic obligations with regard to the registration or other relevant authority. The NGO should consider if it is able and willing to fulfill these obligations before it registers. Each type of registration offers some benefits. The NGO has to be sure that these benefits are valuable to it, and whether there is balance between the benefits to be derived and the obligations and accountability due to the registration authorities. The Process of Registration
4.2
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A comparative overview of all the five available types of registration would be useful. This overview highlights the main process of registration under each of the five laws. The best way to use these guidelines is to study this section carefully and decide which type of registration would be suitable for the NGO. 4.2.1 Collection of Information Many applicants seek application information from other NGOs, friends or lawyers and prepare the documents on that basis. This can often cause problems (for example, if the registration office is approached with only one copy of each document). It would be better to obtain information directly from the office. Preparation of Application Different documents are required by different registration agencies. A summary of each is given in the following pages. Submission Once an application has been submitted, the procedure is for, the registration offices to inform the applicant in writing of any amendments required or problems that need solution. But letters often get lost in the post. It may, therefore, be useful to follow up a submitted application by making a telephone call or visiting-after about a month or so. However, frequent visits or calls, without giving the office a chance to process the application, are not advisable. Inspection Inspection of the NGO's office before grant of registration is carried out under all the Acts/Ordinances, except the Trust Act. This is basically to verify the address and the nature of the NGO's work, and to ensure that the landlord of the office space (in case of rented premises) does not object to the NGO operating from his/her house or building. This inspection forms an important link in the process of registration as the final decision to grant registration is based on the inspection report. It may be noted
4.2.2
4.2.3
4.2.4
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Voluntary Social Welfare Agencies Registration and Control Ordinance, 1961
No 1.
Application Documents Application for Registration
Contents of Documents Name/ address Aims and Objectives Area and Plan of Operation How proposed to be financed NOC from landlord, otherwise ownership documents Affidavit of non-registration under any other Law/Rule/Act Particulars of members Bank account number
No. Of copies Required 4
Type of Paper Prescribed Form (Form B Schedule II)
2. 3.
Confirmation Letter (Approval of Agencys Name) Constitution All the provisions made as per Schedule I i.e. Name Address Aims and Objectives Area and Plan of Operation Organization Structure Principal Office and Branches Membership Financial Administration Meetings Amendments to Constitution Minutes of meeting under which a group of persons have decoded to form the agency
2 4
4.
Resolution
Accounts of services rendered Previously printed 1 List of personnel brochures etc or Sources of income plain paper Details of equipment Activities undertaken Sources: i) NGO Registration Study (Vol II): Registration Guidelines for NGOs, 1991. NGO Resource Centre, AKF. ii) Social Welfare, Community Development Department, CDGK. 5. Brief Statement about the Agency
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Societies Registration Act, 1860
No
Application Documents
Contents of Documents
Type of Paper
1.
Memorandum of Association Rules and Regulations
Name/ address Aims and Objectives Particulars of members Membership clause Committee clause Meeting clause Notices clause Election clause Accounts/Audit Dissolution
Ledger or Offset (*) -do-
2.
3. 4.
Photocopies of NIC of members Bank Challan
2 1
(*) These are thick greenish (ledger) and thick white (offset) types of paper used for official documentation. They are available from the same stationers that sell prescribed/printed forms required for some registrations. Sources: i) NGO Registration Study (Vol II): Registration Guidelines for NGOs, 1991. NGO Resource Centre, AKF.
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The Cooperative Societies Act, 1925
No
Type of Paper
1.
Application
Signed application on prescribed form Name/ address Objectives Liability Area of Operation Fund raising Rules and Regulations
Prescribed printed form
2. 3. 4. 5.
Bye-laws Photocopies of NIC of Office Bearer Copy of Resolution Particulars of promoters with signatures
6 1
Plain
About formation of Cooperative among promoters
6 6
Plain Plain
Sources: i) NGO Registration Study (Vol II): Registration Guidelines for NGOs, 1991. NGO Resource Centre, AKF.
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The Companies Ordinance, 1984
No
No. Of copies Required 1 3
Type of Paper
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
Bank Challan Memorandum of Association Articles of Association Power of Attorney (Letter of Authority) Form 1 Form 21 Form 27 Form 28 Form 29A Undertaking Photocopy of NIC of Office Bearer Rules and Regulations of Company Authorizing a person to act on behalf of the subscribers
N/A Offset Offset Offset Prescribed/Printed ,, ,, ,, ,, ,,
3 3 3 3 3 3 3 3 3
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The Trust Act, 1882
No
Type of Paper
1.
Declaration
Objectives Particulars of Trusties Target Group/Beneficiaries Details of moveable property
Stamp Paper
2.
Challan
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that in many cases, the actual inspection is not carried out, but it would be to the NGO's advantage to pursue this matter, as the inspection report would complete its registration file. 4.2.5 Grant of Registration The actual registration documents received by an NGO are known by different names under each Act/Ordinance. These are presented below:
No.
Act/Ordinance
What is awarded once an NGO gets registered Certificate of Registration
1.
Voluntary Social Welfare agencies Registration and Control Ordinance, 1961 Societies Registration Act of 1860 Cooperative Society Act of 1925 Companies Ordinance of 1984
2.
Certificate of Registration
3.
Certificate of Registration
4. Trust Act, 1882 5.
Licence Certificate of Incorporation Document of Registration
Source: NGO Registration Study: Registration Guidelines for NGOs, 1991. Volume IV, A Project of Aga Khan Foundation.
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4.2.6
Benefits of Registration Many benefits can flow to an NGO after registration, some directly and some indirectly. The most immediate and direct benefit that an NGO gains upon registration is legal status. This means slightly different things each Act/Ordinance, as can be seen below:
NGOs
Legal Status achieved after registration
Social Welfare Agencies
Protection from suit, prosecution or legal proceedings for anything done in good faith Can sue and be used in its own name Body corporate Perpetual succession Power to institute and defend suits/legal proceedings Body corporate Perpetual succession
Societies
Cooperatives
Companies
The legal status of a trust is that some property is pledged to benefit people or a defined group of people. Only the declaration of this intent (the trust deed) is registered. Source: NGO Registration Study: Registration Guidelines for NGOs, 1991. Volume IV, A Project of Aga Khan Foundation. Trust By registering, an NGO can obtain legal status among government and private institutions; open a bank account in its name; sign contracts and offer indemnity to its members against liabilities. There are no other direct benefits of registration. However, obtaining legal status opens the way for a registered NGO to obtain certain other benefits indirectly such as financial aid, technical assistance, training, equipment and supplies, goodwill and moral support, and tax exemption.
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SECTION V VOLUNTARY SOCIAL WELFARE AGENCIES 5. Voluntary Social Welfare Agencies A voluntary social welfare agency means an organization, association or undertaking established by persons of their own free will for the purpose of rendering welfare services in any one or more of the following fields and depending for its resources on public subscriptions, donations or government aid: 5.1 Child welfare Youth welfare Women's welfare Welfare of the physically and mentally handicapped Family planning Recreational programmes intended to keep people away from anti-social activities Social education, that is, education of adults aimed at developing a sense of civic responsibilities Welfare and rehabilitation of released prisoners Welfare of juvenile delinquents Welfare of the socially handicapped Welfare of beggars and the destitute Welfare and rehabilitation of patients Welfare of the aged and infirm Training in social work Co-ordination of social welfare agencies Registration of Voluntary Social Welfare Agencies The details about the registration system and procedure are given below for an NGO wishes to register itself as a Social Welfare Agency. There are certain important advantages a social welfare agency may gain upon registration which it would otherwise not have. 5.1.1 Voluntary Social Welfare Agencies Registration and Control Ordinance, 1961 Agencies involved in social welfare, social work, social education and related training are registered under this law. If the NGO does not want to conform to stereotyped welfare work, it is advisable to seek registration elsewhere. Registration Authority District Officer (DO), Social Welfare, Community Development Department has the authority for the registration of Voluntary Social Welfare Agencies. Requirements relating to Membership and Management Committee For registration of an NGO as a Social Welfare Agency, there should be 10 members at least. It must also consists of 15 persons which shall form its management committee/executive committee.
5.1.2
5.2
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A member of a social welfare agency must be a person: 5.3 Who is above 18 years of age Who resides in the area of operation of the organization Who has a reputable character and sound mind Who agrees to abide by the constitution and bye-1aws of the organization and supports the aims and objectives Who agrees to pay the prescribed fee of the organization No employee can become a member of the organization Procedure for Registration The procedure for registration is stated below in six steps. These are collection of information, confirmation of proposed name for CCB, preparation of application for registration, submission of application, inspection, and grant for registration. This section provides guidelines for citizens and concerned government officials with regard to their responsibilities and duties which they would have to discharge in the process of registration. 5.4 Guidelines for Citizens
First Step Collection of Information The applicant should go to the office of the District Officer (DO), Social Welfare, Community Development Department for his/her area. The applicant may also approach the Deputy District Officer (DDO), Social Welfare, Community Development Department for his/her area. However, if the area of operation of applicants NGO is expanded in more than one district then applicant should go to the Social Coordinator, Social Welfare Department, Government of Sindh who resides at Barrack 79, Sindh Secretariat, Karachi (Tel: 9202627). 5.4.1 How should the applicant approach the office? The applicant may approach the above mentioned departments according to his/her requirement either directly or through a lawyer. Mostly agencies approach the department directly. 5.4.2 Who will give the applicant information about registration? Any officer in Social Welfare, CDD can provide to an applicant the relevant information about registration requirements and procedures. At Karachi, Deputy District Officer of Volunteer Agencies, Social Welfare CDD is the best-informed person in this respect but this post does not exists in other districts of Sindh. The Deputy District Officers, Social Welfare CDD in each Town/Tehsil can also provide the necessary information.
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5.4.3
What information will the applicant be given and how? The officers will give to an applicant all the informations and details as required by him and will also inform him that the department has prescribed application forms, guidelines for registration which list the documentation required, as well as a model constitution. The model constitution can be obtained from the District Officer Social welfare CDD or the Deputy District Officer of the Town/Tehsil. If there is still any confusion after obtaining these documents, further help or advice may be obtained from the Deputy District Officers at the offices. Second Step Confirmation of proposed name for Agency In this step, the applicant shall make an application on a plain paper to achieve the approval of name for the agency. Three names for the agency shall be proposed in the application according to priority. Registration authority is liable to respond the application within fifteen days. In case all the three proposed names have been given to some other agencies the applicant shall be asked to write another application by proposing therein three different names. Third Step Preparation of Application for Registration During collection of information, the DO, Social Welfare, CDD will inform the applicant that he/she is required to complete and submit the following documents:
Four copies of the application for registration of a voluntary social welfare agency on prescribed application forms A copy of confirmation letter received from the Registration Authority showing that the proposed name of the CCB is available Four copies of the constitution of the agency Four copies of the minutes of the meeting of General Body decided to form the agency Brief statement about the agency, its activities and plans, and its personnel. Plan of operation Affidavit of non-registration of agency under any other law/Act These documents can be prepared in English or Urdu. These documents are not difficult to prepare if the written guidelines (containing the model constitution and other details) are used. These guidelines are available in English and Urdu.
5.4.4
How will the applicant complete the requirements? To complete the requirements, the applicant will have to:
Get a copy of Form B Schedule II (attached as Annex - 5A) from the DDO of the Social Welfare, CDD and four copies of an application for registration accordingly. The application must contain:
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g. h. i. j. k. l. m. n. o. p. q.
The name of the agency The address of the agency Aims and objectives Area of operation Plan of operation How proposed to be financed NOC from landlord, if the office premises rented; otherwise ownership documents if belongs to the agency as their own property Affidavit of Non-registration under any other Law/Rule/Act Names, occupations and addresses of founder members Photocopies of NIC of founder members Name/s of the banks in which funds will be kept
The application must be certified to be correct, signed by all the founder members and witnessed by two persons. Prepare a draft of the constitution of the agency either himself/herself or through a lawyer. If the constitution is being prepared by the applicant, he/she should refer to the model constitution or see the model of some recently registered agency. The constitution should contain all the provisions mentioned in Components of the Constitution of an agency as per Schedule I of the Rules, i.e. k. l. m. n. o. p. q. r. s. t. Name of the agency Area of operation Address of the principal office Aims and objectives Membership Branches Organizational structure Meetings Financial administration Amendment of constitution
Prepare four copies of the constitution and get it duly signed and stamped by the president or secretary of the agency. Prepare minutes of the meeting at which it was decided an agency would be formed and prepare four copies for submission Prepare a brief statement giving the following information: a. b. c. d. e. f. Accommodation for the services to be rendered List of qualified persons working in the agency with names and qualifications Sources of income Future plan in brief Details of equipment and records Statement of activities undertaken
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Fourth Step Submission The application shall be submitted in the office of the District Officer, Social Welfare Community Development of the district. In the case of rejection of application, the applicant may appeal in writing to the Provincial Coordinator, Social Welfare within thirty days of the date of such order of rejection. However, after the rejection of the appeal by the Provincial Coordinator, the applicant may file an appeal to the Secretary, Social Welfare within thirty days of the date of such rejection.
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5.5
Guidelines for Government Functionaries Fifth Step Site Inspection If the submitted documents are in order, the District Officer, Social Welfare CDD shall order a surprise inspection. He/she shall contact the Deputy District Officer, Social Welfare, CDD to arrange for a site inspection of the agency's office. The site inspection is usually carried out by a Deputy District Officers, Social Welfare, CDD. Sometimes, the officer may give advice beforehand to the NGO being visited so that they may have the relevant requirements fulfilled. The followings are checked during the inspection: Correct address Correct declaration of activities and aims The official set-up of the office NOC from landlord, if the office premises rented; otherwise ownership documents if belongs to the agency as their own property Affidavit of Non-registration under any other Law/Rule/Act Members register alongwith subscription receipts be paid In-ward out-ward Register Cash book Activities report Project proposal reports Other relevant office files such as correspondence file, Newspaper Clippings files ant etc. Sometimes more than one visit may be made, or until the DO is satisfied. Sixth Step Grant of Registration After the site inspection and office formalities, a complete inspection report is sent to the District Officer Social Welfare CDD, who approves and thereafter a Certificate of Registration is prepared. The applicant is then notified to come and collect it.
5.6
Legal Status No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance.
5.7
Obligations A voluntary social welfare agency is legally bound to serve certain basic rules if it is registered under this Ordinance. These may be described as the obligations of the NGO to the registration authority:
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Every registered agency must f. maintain audited accounts g. publish its annual report and audited accounts for general information h. pay all money received by it into a separate account kept in its name at such bank or banks as may be approved by the registration authority. All nationalized banks are approved by the Department of Social Welfare.
The agency should also maintain the following records: j. k. l. m. n. o. p. A cash book entering all amounts paid or received supported by necessary vouchers A ledger containing all accounts An income and expenditure account to be audited each financial year by a chartered accountant or auditor approved by the Registration authority, and submitted to the Authority within six months of the close of the financial year A membership book with the names and addresses of the members A minutes book containing records of the meetings of the agency An inspection book to record the views of the persons authorized to inspect the agency Other registers and files needs necessary
Every employee responsible for handling cash and stores must furnish a fidelity bond from an insurance company, and a copy of the bond shall be given to the registration authority Every agency must publish an annual report at the end of each financial year containing the following details: a. b. c. d. General management Nature and extent of services rendered in detail Programme for the next year Audited accounts
5.8
Requirements vis a vis registration authority Every agency must: Submit its annual report and audited accounts to the registration authority and publish the same for general information Furnish to the registration authority such particular with regard to accounts and other records as may from time to time be required by the registration authority Submit a copy of the annual report to the registration authority immediately on publication Communicate any change of address of the agency to the registration authority within seven days of such change Obtain the approval of the registration authority before amending its constitution
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The registration authority may at all reasonable times inspect the books of accounts and other record of the agency, the securities, cash and other properties held by the agency and all related documents. 5.9 5.9.1 Winding up and Dissolution By the Provincial Government If the registration authority has reason to believe that a registered agency is acting in contravention of its constitution or contrary to the Ordinance or rules, or in a manner prejudicial to the interests of the public, it may, after giving the agency an opportunity to be heard, make a report to the provincial government. The provincial government, if it considers it proper, may dissolve the agency from a specified date. Voluntarily A registered agency cannot be dissolved by the governing body or members. But if more than three-fifths of members of an agency apply to the Provincial Government for dissolution of the agency, the government may order such dissolution from a specified date if it considers it proper to do so. Suspension or Dissolution of governing body If, after inquiry, the registration authority believes that an agency has shown irregularity in respect of its funds or maladministration of its affairs or failed to comply with the provisions of the Ordinance, it may suspend the governing body and appoint an administrator or caretaker body in its place. This suspension order will be placed before a Board constituted by the Provincial Government which can order re-installment or dissolution and reconstitution of the governing body. The dissolved governing body can appeal against such an order within 30 days. Benefits of registration under the Social Welfare Ordinance Among NGOs, the Social Welfare Agencies have the highest expectations of funding after registration, but that few of them actually obtain it (from the Social Welfare Councils and other sources). So the expectation of ready funds should not be the reason for applying for registration under this Ordinance. It may be useful to discuss the actual benefits that may derived, and under what conditions, with other similar NGOs and with officials.
5.9.2
5.9.3
5.10
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SECTION VI COOPERATIVES 6. Cooperatives The Cooperatives is a concept that have been conceived as a device to bring together in respect of the people of limited means, on a common platform to solve their financial needs. The basic principle of cooperative movement is thrift and self-help through cooperation between the members keeping in view the needs of individual member as well as the solution of communitys problems. The Cooperative movement flourished in Pakistan in 1950s and 1960s when small farmers were hit by the isolation of migration from India. At that time, due to scarcity of resources the government welcomed the activities for providing the platform of Cooperatives to them. A number of development schemes were launched to make the various primary societies economically viable and improve the living conditions of farmers/members. Cooperatives are profit making commercial concerns however they are usually classed as NGOs because of their concerns for equality in the distribution of profits, and because theoretically they support workers. The Cooperatives, Community Development Department (CDD) Prior to devolution in Pakistan Cooperatives was a provincial subject. Now it is included in the groups of offices of the Community Development Department of District Government. In the new system Cooperative Department aims to facilitate the formation and working of cooperative societies for promotion of thrift, self-help and mutual aid. The affairs of the Cooperative Societies are regulated under Cooperative Societies Act, 1925 and Cooperative Societies Rules, 1927. Vision Statement of the Cooperatives, CDD To improve socio-economic conditions of persons of humble means through values of cooperation and to promote: Self-help and mutual aid Thrift and resource building Equality and Democracy Objectives Facilitate the people in formation of the cooperative societies Guide the members about the Cooperative Principles Introduce/promote thrift among members Provide training to the workers Provide/arrange credit to the members Ensure compulsory savings Supervise/monitor the working of the Cooperatives Conduct inspections Recovery of loans Arbitration of disputes Liquidation of societies
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6.1
Registration of Cooperative Societies A cooperative society is a form of organization where persons join together voluntarily on the basis of equality because of a common economic need. The Preamble of the Act states that it is meant to help agriculturists and other persons with common economic needs so as to bring about better living and better business.
6.1.1
The Cooperative Societies Act, 1925 The Cooperative societies are registered under The Cooperative Societies Act, 1925. According to this Act, Bodies formed with the objectives of obtaining/producing/selling goods and services for members, obtaining/disposing property and labour of members, providing other services for members and dividing profit equally among members obtain registrations under this Act. Registration Authority The District Officer Cooperatives, Community Development has the authority for the registration of Cooperative Societies. Organizations Which Can Be Registered As Cooperative Societies Specifically, five types of cooperative societies can be registered under the Act: A Resource Society, which means a society formed with the objective of obtaining the credit, goods or services required by its members A Producer's Society, which means a society formed with the objective of producing and disposing of goods as the collective property of its members and includes a society formed with the objective of the collective disposal of the labor of the members of the society A Consumers' Society, which means a society formed with the objective of obtaining and distributing goods to or of performing services for its members, as well as to other consumers and of dividing the profits accruing from the supply and distributed among its members and customers in a proportion prescribed by the rules or bye-laws of such a society A Housing Society, which means a society formed with the objective of providing its members with dwelling houses on conditions to be determined by its bye-laws A General Society, which means a society not falling under any of the four classes mentioned above
6.1.2
6.1.3
All the following types of cooperatives can be registered under the Act: Credit, agricultural and non-agricultural Multi-purpose Producers Consumers Cooperative Stores Educational Handicraft
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6.2
Engineers Doctors Advocates Flat owners Services and maintenance Marketing Farming Transport Ladies societies Welfare Beggars Adult education Requirements relating to Membership and Management Committee There must be at least 10 members (30 in Sindh) for the formation of a cooperative society. The only basic qualification for belonging to a cooperative society is that the members must be above 18 years of age. If the objective of the cooperative society is the creation of funds for its members, the members must also reside in the same town or village, or the same group of villages and must be members of the same tribe, class, caste or occupation. Furthermore, a person who is a member of a credit society cannot be a member of another similar cooperative society without the permission of the District Officer, Cooperative, CDD. The Committee is defined as the committee of management or other directing body to whom the management of the affairs of the society is entrusted. However, the Act does not lay down any minimum number of persons required to be on the committee. It is presumed that there would have to be a minimum of two members on the committee. In practice, the District Officer, Cooperative accepts that a cooperative society may have 7 members on the committee. The model bye-laws provide for a minimum of five and a maximum of nine members on the Board of Directors.
No person can be on the management committee who Has been sentenced by a criminal court for an offence punishable by more than six months imprisonment Has been removed from office upon the committee being superseded by the registrar Is bankrupt, insolvent or legally disabled to contract Is less than 21 years of age Is of unsound mind Is declared by the registrar to be a persistent defaulter Is a servant or officer and at the same time a borrower
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6.3
The Procedure for Registration The procedure for registration is stated below in five steps. These are collection of information, preparation of application for registration, submission of application, inspection, and grant for registration. This section provides guidelines for citizens and concerned government officials with regard to their responsibilities and duties which they would have to discharge in the process of registration.
6.4
Guidelines for Citizens
First Step Collection of Information To get the information for the Registration of a Cooperative Society, promoters / applicants should contact to the District Officer (DO), Cooperatives, Community Development Department of district. In Karachi, the office of DO, Cooperatives is situated at 5th floor, Ghafoor Chambers, Saddar, Karachi Telephone: 7729076. 6.4.1 How should the applicants approach the office? The office of the District Officer, Cooperatives, Community Development can be approached by the applicants directly or through a lawyer. Even if the applicants approach the matter themselves, model bye-laws for some types of cooperative societies and help from the concerned officials of the department is always available. 6.4.2 Who will give the applicants information about registration? First of all, the applicants will have to meet the DO, Cooperatives of the pertinent district, who will provide them all the basic information about registration requirements, procedures and documentation. Thereafter, Deputy District Officer, Inspector and Sub-inspector of concerned district will be involved in the process of registration and its follow up. They are very knowledgeable and can usually provide detailed assistance. 6.4.3 What information will the applicants be given and how? The applicant will be given all the information and details required by him/her. There are no written guidelines, but the applicant will be informed that he/she will be required to submit four copies of the bye-laws of the cooperative society (made according to a written model available for some types of cooperatives) along with an application for registration. The applicant will have to make a written application on plain paper to the DO, Cooperatives to obtain the application form. Second Step Preparation of Application for Registration
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During the collection of information DO, Cooperatives, Community Development Department will inform the applicant that he/she is required to complete and submit the following documents: 6.4.4 An application from chief promoter for registration as a cooperative society under this Act Six copies of the proposed bye-laws of the society Photostat copies of the National Identity Cards of the promoters (i.e. people who wish to set up the cooperative society) A copy of the resolution of the general body of the cooperative society, where it was resolved that the cooperative society be registered Six sets of particulars of the signatories (promoters) How will the applicant complete the requirements? To complete the requirements, the applicants will have to: Make a written application to obtain the application form as prescribed by Schedule A Prepare the application for DO, Cooperatives in the form of Schedule A of the Act, signed by at least 10 (30 in Sindh) promoters and witnessed by two of the promoters (from among the founders). But if one of the members of the cooperative society to be registered is already a member of registered cooperative society, another member of the managing committee of such a registered cooperative society must sign the application on its behalf, and a resolution by the committee authorizing him/her to sign must also be attached. The application must contain: a. b. c. d. e. f. g. h. The name of the cooperative society The address to be registered Whether liability is limited or unlimited Area of operation Objectives of the cooperative society The number and value of the shares (if the capital is to be raised through shares) In other cases, the amount proposed to be raised by loan or deposit Language for books of account
Prepare a list of particulars of the signatories, including father's name, age, caste, profession and address Get a copy of the resolution of the general body meeting which the members of the cooperative society resolved to register the cooperative society Obtain the model bye-laws (where available) approved by registrar from Sindh Provincial Cooperative Union Ltd., Cooperative House, Opposite Caltex Petrol Pump, Shaheed-e-Millat Road, Karachi Prepare the bye-laws either in accordance with the model given, or from some other model of a registered cooperative, society, or get a lawyer to do so. The bye-laws must contain the following information:
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a. The name and address of the society and its branches, the tribe, class, caste or occupation of its members if the membership is proposed to be so restricted, and the area for which it is to be registered b. The objectives of the cooperative society, the purposes to which its funds are applicable, admissions, rights and liabilities of members, consequences of default in payment credit societies, loans, interest, mode of conducting business etc c. The mode of holding meetings and altering bye-laws d. Mode of appointing and removing officers and members of the managing committee, as well as their powers and duties e. Manner of raising capital f. Mode of custody and investment of funds and of keeping account g. The distribution of profits Obtain Photostat copies of the National Identity Cards of the members applying for registration Get the copies of the identity cards attested by a notary public or first class magistrate (this is not a condition, but normally applies to outsiders or people from another city) Except for the undertaking, which is on stamp paper, all other documents are required on plain paper.
Third Step Submission On compilation of the documentation, it will be submitted to the DO, Cooperatives, CDD, who will mark it to the Deputy District Officer (DDO) of pertinent district. DDO, will instruct the Inspector or Sub-Inspector to scrutinize the documents and obtain the signatures of Chief promoter on bye-laws and to send him back with his recommendations/views for on ward submission to DO, Cooperatives.
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6.5
Guidelines for Government Functionaries Fourth Step Site Inspection If the documents are in order, the District officer, Cooperatives, CDD shall contact the Deputy District Officer, Cooperatives of the concerned district to arrange for a site inspection of the cooperative society. The site inspection covers the verification of name and address, the scrutiny of administrative and procedural records, tenancy documents etc. A cooperative Inspector or Sub-Inspector of the concerned district shall visit the office of cooperative society and may attend a meeting with promoters, check administration records and go through procedures and documents.
Fifth Step Grant for Registration After the site inspection and office formalities, a complete report is sent to the District Officer Cooperative, who approves it and take a Challan of the value of Rs. 3000/- from promoters. A certificate of registration is then prepared which can be collected upon intimation from the office. 6.6 Legal Status A registered cooperative society has the following privileges: 6.7 It is a body corporate by the name under which it is registered It will have perpetual succession It enjoys the power to hold property and enter into contracts It has the power to institute and defend suits and other legal proceedings Obligations There are certain basic rules that a cooperative society is legally bound to observe: Every cooperative society must call a general meeting of its members within a period of three months after the date fixed for making up its accounts for the year Every cooperative society must have a registered address Every cooperative society must keep the following at its registered office open to inspection: a. b. c. d. A copy of the Act A copy of the rules A copy of the bye-laws A register of its members
The accounts of the society must be audited at least once every year by the DO or some person authorized by him
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6.8
No member can transfer his/her share or interest in the cooperative society unless he/she has held it for at least one year and the transfer is made either to the society or to a person whose membership application has been accepted by the society A cooperative society cannot pay a dividend to its members at a rate exceeding 10 percent. In the case of consumers, producers or housing societies, no shareholder should get a dividend exceeding 6.25 percent in any year on the paid up share capital Every cooperative society which does or can derive a profit from its transactions must maintain a reserve fund Distribution of profit must be done strictly according to the rules and bye-laws and with the necessary permission Every credit society must keep detailed accounts and books in accordance with the rules Requirements vis a vis registration authority Under the law, there are certain basic requirements with regard to the registration authority that a cooperative society must fulfill:
6.9
A cooperative society cannot change its name without the approval of the registrar A cooperative society cannot amalgamate with another cooperative society without the approval of the DO A cooperative society cannot amend its bye-laws unless such an amendment is registered under this Act The DO may, of his own volition, hold an inquiry into the constitution, working and financial condition of a cooperative society Change of address of registered office must be intimated to the DO within 30 days of such change A cooperative society cannot make a loan to any person other than a member, except with the permission of the DO No member of a cooperative can become its paid employee Annual progress reports and audited accounts have to be submitted to the DO Winding up and Dissolution If the cooperative society has not commenced working, or ceased working or possesses shares or members' deposits not exceeding Rs 500/-, the DO may, after an inquiry, inspection or on receipt of an application made by three-fourths of the members of a cooperative society present at a special meeting called for that purpose, issue an order directing that a cooperative society be wound up and may appoint a liquidator for the purpose. When the affairs of cooperative society have been wound up or two months after the order of winding up, the DO shall cancel the registration of the cooperative society and dissolve it. If the membership of a cooperative society has been reduced to below the minimum membership which is a condition of registration, the DO may order that the cooperative society be wound up. The surplus assets of a cancelled cooperative society after all liabilities have been met will be devoted to the objectives described in the bye-laws, and when no objectives have been
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described, will be devoted to any object of public utility determined by a general meeting and approved by the DO. 6.10 Benefits of registration Once a cooperative has been set-up, the main benefit derived is that it can have access to the group of institutions that serve cooperatives specifically e.g., the federal and provincial cooperative banks. A cooperative can also enter into commercial transactions that benefit the members directly, by eliminating or minimizing the role of the middle man.
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ANNEXES
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ANNEX- 3A Application for Registration of Citizen Community Board Dear sir, We the undersigned propose to establish a Citizen Community Board (CCB) in accordance with the provisions of Local Government Ordinance 2001. 1. The particulars of the proposed Citizen Community Board are given below: a) Title/Name of the CCB ______________________________________________ b) Address and Telephone No. ______________________________________________ c) Field of Operation Management of service delivery facilities Upgradation of existing outlet Establishment of new outlet Capacity building Others specify d) Sectors and Sub-sector of interest. Agriculture/Health/Education/Others specify 2. 3. 4. 5. Provide the Designations, Names, Education, Occupation and addresses of the office bearers. It is requested that our CCB may please be registered under the aforesaid Ordinance. We undertake to inform you of any changes in the composition of the office bearers of the CCB within 15 days. We certify that the information given above is correct.
Yours sincerely Signature of Witnesses (Sign Secretary) With name and address 1. __________________ 2. __________________
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3.
__________________
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ANNEX 3B Citizen Community Board CHARTER We, the several persons who have subscribed to this Charter are desirous of being registered as a Citizen Community Board under the [SIND] Local Government ) ordinance, 2001 (Ordinance No. [ ] of 2001), and to this end, adopt, enact and covenant to be bound by this Charter, as follows 1. Definitions In these Articles, unless the context or the subject matter otherwise requires(1) (2) (3) (4) (5) (6) (7) 2. Name [NAME] Citizen Community Board [NAME of Union Council] Street-------------------------Village-------------------------Deh-----------------------Union----------------Town/Taluqa------------------------District-------------------------Others 3. Address: [ADDRESS OF CCB] Street/Village Post Office--------------------------------------Union Council-----------------------------Town/Taluqa----------------------------------------District-----------------------------------------------Telephone Number (If any)-------------------------------------------4. Field, Sector or Sub-Sector of Operation [ [ [ [ ] ] ] ] Agriculture Community Development Education Health "Articles" means the articles of this Charter. "CCB" means this [CCB]. "Chairman" means the chairman of the CCB. "Executive Committee" means the executive committee of the CCB as formed under this charter. "Project Coordinator" means a member of the CCB appointed under Article 14 of this Charter. "Secretary" means the secretary of the CCB. Words imparting masculine gender shall include the feminine gender.
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[ [ [ [
] ] ] ]
Information Technology Literacy Works and Services Other sector (please specify)
Sub-sectors: [ ] (please specify) 5. Objectives of the CCB The CCB has been established to undertake any or all of the following: i. ii. iii. iv. v. vi. vii. improvement of existing service delivery facilities; development and management of a new public facility; welfare of the handicapped, destitute, widows and families in extreme poverty; establishment of farming, marketing and consumers' cooperatives; identification of development and municipal needs; mobilization of resources through community mobilization; formation of stakeholder associations for community involvement in the improvement and maintenance of facilities; and viii. reinforcing the capacity of Monitoring Committees at the behest of the concerned Council.
6.
Members and Classification 1) The CCB may have the following categories of members: i. "Founder members": These constitute the members who are signatories to the Charter; and ii. "Members": These constitute individual registered members. 2) Each member shall have one vote, and may vote at any general body meeting personally or through a proxy. A proxy must be a member of the CCB. 3) The General Body may establish additional classes of members upon such terms and conditions as it may deem fit. 4) Application for resignation as a member shall be presented in writing to the Secretary on a plain paper. 5) All types of CCB members shall be volunteers. In case a member accepts any paid assignment on behalf of the CCB, the concerned member shall have to resign from the membership of the CCB. A period of six months must elapse upon the last payment received from the CCB before that member can become a member of the CCB again.
7.
Functions of the General Body 1) The number of members of the General Body shall not be less than twenty five (25). 2) The functions of the General Body shall bei. to elect an Executive Committee (including the Chairman, Secretary and other office bearers) with such powers and responsibilities, and on such terms and
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ii. iii. iv. v. vi. vii. viii. ix. x. 8.
conditions as the General Body may determine to carry out the affairs of the CCB; to approve the plans and activities of the Executive Committee; to approve the proposals submitted to local governments; to ensure the implementation of it plans and activities through the Executive Committee; to approve the Rules and Regulations for the Executive Committee and the members of the CCB; to review and approve the reports and statements submitted to it by the Executive Committee; to approve amendments in the Charter of the CCB; to approve the annual accounts of the CCB; to set membership classes and fees; and to discuss any other matter relating to the CCB.
General Body Meetings 1) 2) 3) 4) 5) The first General Body meeting after the registration of the CCB shall be held within thirty (30) days of the date of registration of the CCB. A General Body meeting shall be held at least every three months. The Executive Committee may convene a General Body meeting when required. A General Body meeting shall be convened on the requisition, in writing, of a simple majority of the CCB's members. At least fifteen days notice (exclusive of the day on which the notice is served, but inclusive of the day for which notice is given), specifying the place and the day and the time of meeting, and the agenda, shall be given for all General Body meetings to all members, but the accidental omission to give notice to, or the non receipt of notice by, any member, shall not invalidate the proceedings at any General Body meeting. No business shall be transacted at any General Body meeting unless a quorum of members is present at the time when the meeting proceeds to business. A simple majority of the total members of the CCB shall constitute a quorum. In the absence of a quorum, the meeting shall be adjourned to the same time and venue seven (7) days later. Except as otherwise provided by law, these Rules or this Charter, the act of a majority of the members present at any meeting shall be the act of the CCB in the General Body meeting provided that in case of a tie, the Chairman of the CCB (i.e. Executive Committee) shall have a second and casting vote.
6)
7)
9.
Executive Committee 1) 2) 3) The Executive Committee shall have, and exercise, all powers vested in it by law and this Charter. Subject to law and this Charter, the management of the affairs of the CCB and property both movable and immovable of the CCB shall vest in the Executive Committee. A CCB shall sue and be sued in the name of its Executive Committee. A Judgment against the CCB shall only be enforced against the property of the CCB.
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4) 5) 6)
The number of the members of the Executive Committee of the CCB, except in case of a casual vacancy occurring as per sub-Rule 10, shall not be less than seven. The maximum limit on its membership may be fixed from time to time by the General Body; provided, however, that the total number of members of the Executive Committee shall not exceed fifteen. The Executive Committee shall consist of the following: (i) (ii) (iii) a Chairman; a Secretary; and and office bearers as decided by the General Body.
7) 8)
9) 10)
11)
The members of the Executive Committee shall be elected from amongst the members of the CCB by the General Body. Members of the Executive Committee shall hold office for a term of two years, and shall be eligible for the next following term. However, after completing two consecutive terms, the Chairman and Secretary shall vacate the office of the Executive Committee for at least one term before becoming eligible for re-election. The General Body may, by a resolution passed by a simple majority, fill any casual vacancy arising in the Executive Committee howsoever caused. However, the term of the person so chosen shall be for the remaining life of the Executive Committee. In case of casual vacancy in the Executive Committee, the Executive Committee shall act as if no vacancy had occurred and no act or proceedings of the Executive Committee shall be deemed to be invalid merely by reason of such vacancy, or a delay in the appointment of a new member; provided, however, that the total number of members of the Executive Committee shall not be less than seven. The General Body may, by a resolution passed by a simple majority of its total members, remove any member of the Executive Committee from the office of the Executive Committee.
10.
Functions of the Executive Committee The functions of the Executive Committee shall be(i) (ii) (iii) (iv) (v) (vi) (vii) to develop plans and activities for approval by the General Body; to prepare periodic reports and statements for the General Body; to identify and develop project proposals for funding from the local governments and other agencies; manage the day to day affairs of the CCB as per the resolutions passed by the General Body; to appoint Project Coordinators with such powers and responsibilities and on such terms and conditions, as it may determine; constitute and appoint sub-committees for such purposes as it deems necessary; and any other function assigned to it by the General Body.
11.
Working of the Executive Committee
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1) 2) 3)
4) 5) 6) 7) 8)
9)
The Chairman shall preside over all the meetings of the Executive Committee. If the Chairman is absent the members of the Executive Committee present may elect any other member to act as Chairman for that meeting. The Secretary shall, subject to the general control and supervision of the Executive Committee, perform such functions as may be assigned to him by the Executive Committee, from time to time. The Secretary shall, record or cause to be recorded in the books, all proceedings of the meetings of the Executive Committee and the General Body. The Secretary shall give all notices in accordance with law and this Charter, and shall be the custodian of the financial and accounting records of the CCB. Subject to law and this Charter, the Executive Committee may meet for the disposal of business, adjourn and otherwise regulate its meetings, as it deems fit and lay down such proceedings as it considers necessary for its efficient working. The Executive Committee shall meet whenever convened by the Chairman or, by a simple majority of the members of the Executive Committee. A simple majority of the total members of the Executive Committee shall constitute a quorum for the transaction of any business of the Executive Committee. In the absence of a quorum, a meeting may be adjourned till such time as the quorum is complete; provided always that a meeting of the Executive Committee must take place at least once every month. Except as 'otherwise provided by law or this Charter, the act of a majority of the members of the Executive Committee present at any meeting (at which a quorum is present) shall be the act of the Executive Committee. In the case of a tie, the Chairman shall have a second and casting vote. Any member of the CCB shall have the right to attend the meetings of the Executive Committee but not vote unless the member is a member of the Executive Committee.
12.
First Executive Committee 1) Sr. # The particulars of the first members of the Executive Committee are the followingName and ID Card Number Parentage Residential Address Present Occupation & Business Address Membership of other Voluntary Organizations
2) 3) 13.
The Chairman of the CCB is [Name] The Secretary of the CCB is [Name]
Sub-Committees 1) The Executive Committee may constitute and appoint sub-committees for such purposes as it deems necessary and on such terms and conditions as it may, from time to time, determine.
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2) 3) 14.
The sub-committees so constituted shall meet as often as may be necessary and shall exercise all powers and functions as may be assigned to them by the Executive Committee. The term of the members of sub-committees shall be such as may be
CCB Project Management 1) 2) The Executive Committee shall appoint for each project a Project Coordinator, who shall be a member of the CCB. The Executive Committee shall have the powers to remove a Project Coordinator. The duties of the Project Coordinator shall include but not be limited to(i) (ii) (iii) (iv) (v) supervising and administering the Project assigned to him by the Executive Committee; preparing progress reports for submission to the Executive Committee, as and when required; disbursing funds for the Project assigned to him according to the approved budget of the project; constituting such working groups of members as may be necessary to assist him in his duties and functions; and performing any other duty, which the Executive Committee may from time to time, assign.
15.
Notice Wherever notice of a meeting is required to be given by law or hereunder due notice shall be deemed to have been served when the Secretary sends a written communication by mail, telegram, facsimile or by hand under a receipt, addressed to the members of the Executive Committee or the members, as the case may be, at the address in the Register.
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16.
Amendments in the Charter 1) Subject to the law, the Rules and this Charter, this Charter may be amended or repealed and new Articles may be adopted at the General Body meeting by a resolution passed by at least three fourths majority of the total members of the CCB personally present and voting. The amendments approved in a General Body shall not be effective unless approved by the Registration Authority.
2)
17.
Internal Procedures (1) The CCB may make such internal procedures to provide for matters not specifically or sufficiently set out herein, provided, however, that such procedure shall not, directly or indirectly, contravene the provisions of the Ordinance, the Rules or this Charter. The CCB shall be at liberty to prescribe such fees or other charges, as it may deem fit, for the purposes of its membership and the conduct of its members and matters ancillary or conducive to the attainment of the objectives of the CCB.
(2)
18.
Miscellaneous [To be filled in the discretion of the CCB] THE UNDERSIGNED, hereby verify and attest our submission to this Charter.
Sr. #
Name
Fathers name
Nationality with any former nationality (if any)
Occupation and Business Address
Membership of other Voluntary Organizations
Signatures
Dated the----------------- day of-----------------------20 Witnesses to the above signatures1. Name Father's Name Occupation Address National I.D. No. Name Fathers Name Occupation Address
2.
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National I.D. No.
ANNEX - 3C CCB Form 2 [NAME OF CCB] REGISTER OF MEMBERS
Part-A: List of Executive Committee (EC) Sr. # Name of Member and Parentage Residential Address Education/Professional Qualification National I.D. Card No Present Occupation And Business Address Date of Appointment to Executive Committee Membership of Other Voluntary Organization
Part-B: List of Founder members Sr. # Name of Member and Parentage Residential Address National I.D. Card No Present Occupation And Business Address Membership of Other Voluntary Organization
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Part-C: List of members Sr. # Name of Member and Parentage Residential Address National I.D. Card No Present Occupation And Business Address Membership of Other Voluntary Organization Date of Subscription
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ANNEX 3D CCB FORM 4 PROJECT PROPOSAL I. Profile of CCB 1. 2. 3. 4. 5. Name of CCB Address with telephone No. of CCB Registration No Date of Registration District of Registration -----------------------------------------------------------------------------------------------------------------------------------------
II.
Implementation Arrangement for the Project Ownership of project 1. 2. Management of Project Capacity to implement the current proposal (i) (ii) (iii) (iv) Professionals Support staff Previous experience Other (Government or CCB) (Government or CCB or Joint)
III.
Proposed Project Profile.1. 2. 3. 4.
Name of Project ----------------------------------Commencement Date of Project ----------------------------------Completion Date of Project -----------------------------------Location/Geographic Area Covered by the Project ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------5. Main Sector/Sub-sector --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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6.
Main Objectives (What does the project aim to achieve?)------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------IV. Project Activities (inputs/Outputs/ Work Plan) Sr. # Activity Start Date End Date Targets Units
Provide Details/Explanation of Work Plan on Separate sheet
V.
Community Participation Component in the Project a) How was the community involved in need identification/preparation of project proposal? b) C) How do you propose to involve the community in project implementation? How will the community be involved after completion of this project?
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V1.
Project Management by CCB How will you manage and monitor Inputs, Outputs, Work plan, and Impact of the Project. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Explain the record keeping and reporting system. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
VII.
Financial Summary of Project Cash a. Anticipated sources of funding CCBs own resources Proposed grant from local government Total b. Total Cost of Project Development Costs/One Time Cost ---------------------------------------Yearly recurrent cost after completion of project Salary -----------------------------------------Non-salary ------------------------------------------------------------------------------------------------------------Rupees Kind Total
---------------------------------------
c. Sources of funding of recurring cost CCBs own resources ---------------------------------------Proposed grant from local government Project Revenues (Expected) ---------------------------------------Total ----------------------------------------
----------------------------------------
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VIII.
Proposed Costs / Budget of the Project
ALL YEARS Sr. # Budget Head / Description
CCBs Own Contribution
Local Govt. Grant
Other Contribution
Total
1.
Development Costs/One Time Costs
2. 2.1
Recurrent Costs Salaries
2.2
Non Salary
Total Note: Show on a separate page for each year. Show details of calculations. IX. Estimated Revenues of the Project
All Years Sr. #
Revenue Head/Description
Total
Note: Show deatled calculations for each year separartely. X. Sr. # Proposed Project Installment Schedule Date Amount
Note: request for installment must be sent atleast one month in advance and must be accompanied with the latest progress report.
XI. Proposed Progress Reporting Schedule Sr. # Details of Report Date of Submission
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XII.
Project Coordinator Name of Project Coordinator Contact Address
XIII. Sr. # 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Administrative Steps (For Official Use) Activity Project proposal received by the CCB official Project proposal submitted to the Budget and Development Committee Comments received from Budget and Development Committee on the project proposal Comments sent to the CCB Project proposal resubmitted by the CCB to the CCB official Project proposal resubmitted to the Budget and Development Committee CCB informed of Council decision (after approval of Budget) Revised proposal submitted by the CCB if changes requested by the Council Project started Date and amount of installment paid Progress reports submitted Project completed Date
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Annex - 3E
CCB FORM 6 Request for Transfer of Installment

The CCB official Local government-----------------------------------Subject: REQUEST FOR TRANSFER OF INSTALLMENT
It is requested that the [Number of installment] installment of Rs. [Amount] for the CCB may kindly be released as per installment schedule contained in the duly approved Project document. The latest progress report upto [date] of the Project is enclosed herewith for your kind perusal. With regards, Yours faithfully, Secretary Citizen Community Board Address---------------------------------------------------------Countersigned------------------------------------Chairman Citizen Community Board
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Annex - 5A SCHEDUL I II FORM B GOVERNMENT OF SINDH DIRECTORATE OF SOCIAL WELFARE, KARACHI APPLICATION FOR REGISTRATION OF AGENCIES ESTABLISHED AFTERT HE COMING INTO FORCE OF ORDINANCE NO. XLVI 1961 Dear Sir, We the undersigned propose to establish an agency in accordance with the Provisions of the Voluntary Social Welfare Agencies (Registration and Control), Ordinance, 1961 ( XLVI of 1961), the particulars of the proposed agency are given below: 1. 2. 3. Name of the agency (IN BLOCK LETTERS) Address Aims and objects of the Agency .........................................................................................
To be started with reference to the field of services mentioned In the Schedule to the Ordinance, 4. 5. Area of Operation (Whether neighbourhood, City, Province or Pakistan), Plan of operation (Place attach a separate sheet giving a brief statement of the step to be taken for the establishment of the agency, with reference to accommodation, source of income, qualified personnel and equipments, if necessary). 6. 7. How proposed to be financed Names, occupation and addresses of the founder members 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Name . Occupation ........... Address ................................... ................................... ............................... ............................. .................................... ................................... ................................... ................................... ...................................
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Bibliography
Government of Pakistan. (2001). The Sindh Local Government Ordnance. The Ideal Publishers (Publications of Law Books). Karachi. Government of Pakistan. (2002). Police Order 2002. Ministry of Law, Justice, Human Rights and Parliamentary Affairs. Law Justice and Human Rights Division. Government of Pakistan. (2002). Guidelines for Citizen Community Boards. National Reconstruction Bureau. Government of Sindh. (1961). Guide Lines for Registration of Voluntary Social Welfare Agencies under Voluntary Social Welfare Agencies (Registration and Control) Ordinance 1961 and Model Constitution. Directorate of Social Welfare. Sindh Secretariat. Indus Resource Centre. (2002). Devolution in Practice: A Study of District Government Khairpur (Draft Report). UNICEF, Pakistan. NGO Resource Centre & RAASTA Development Consultants. (1991). NGO Registration Study (Volume IV): Registration guidelines for NGOs. Panjwani Printing Press (PPP). Pakistan Institute of Labour Education & Research (PILER). (May 2004). Citizen Community Board: Introduction, Rules & Regulation and Procedure. Dawn Printing Press, Karachi. Websites: http://www.nrb.gov.pk http://www.nrb.gov.pk/publications/police_order_2002.pdf http://www.nrb.gov.pk/publications/list_of_laws_rules_guidelines.pdf http://www.nrb.gov.pk/publications/guidelines_citizen_community_boards.pdf
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PILOT-6: GOOD GOVERNANCE NETWORK

Title of Project Location Sponsoring Agency Executing Agency Project brief
GOOD GOVERNANCE NETWORK District Panjgur, Balochistan District Gwadar, Balochistan Asian Development Bank (TA 3618) National Council for Social Welfare Background The elected representatives, members of a regional coalition of CBOs called Mekran Coordination Council and the national and international organisations working in the Kech district have formed the Kech Good Governance Network. All the Executive District Officers are also ex-officio members of the network. A national NGO Strengthening Participatory Organisations (SPO) is working as the secretariat of the network. The network members meet bi-monthly, under the chairmanship of the district Nazim to share information and to solicit suggestions and support from all the stakeholders on various governance and development related issues. Scope of the Proposal It is proposed that this arrangement can be adapted at Panjgur and Gwadar districts. This will provide an opportunity to policy makers and donor agencies for studying this process and consider the possibility of adaptation in other parts of the country. It will also help SPO in re-testing the model in different cultural settings to make it adequately generic for a variety of districts. Justification Lessons from the project can help document district-based institution-building experience. While establishing a reservoir of learning for future adaptation and implementation, the proposed project would help lay out basic principles for creating and managing Government-NGO networks to desired expectations in diverse cultural settings across the country. Implementation Arrangement/Methodology This project proposes the replication of the Network in the adjoining districts of Panjgur and Gwadar where adequate political will on the part of elected district government exists for this initiative. Additionally, the local networks of NGOs and CBOs also exist to join in. SPO, having the experience of facilitating the Network in Kech district, has shown inclination to support the replication of the experience in Panjgur and Gwadar. Mode of Implementation SPO will initiate the dialogue process in the two target districts of Panjgur and Gwadar, involving the elected councillors, executive officers and the local NGOs. Since a working model based on a semblance of Rules of Business already exists in Kech district, the same can be adapted with the requisite contextual changes in the two districts.
Overview
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Institutionalisation The replication of the experience in the two districts will demonstrate that the process dynamics for Government-NGO cooperation at the district level, to ensure citizens involvement in decision making and improving governance is a viable and replicable mechanism through the networking. I will help in identifying the requisites for a more equitable and transparent interface between the state and the civil society, and lessons thus learnt can be used to inform the policy choices for government-NGO cooperation at the macro level. Target Group and Beneficiaries The pilot seeks to involve the under-represented and marginalized sections of the society, through the civil society organizations, in the decision making process. Evaluation The project will be evaluated against the deliverables given in the Indicators in a following slot. Risk Analysis The networks of the kind discussed in this pilot do not enjoy the status of statutory structures, yet they have been found to be useful and vibrant forums to bring forth the citizens aspirations towards their elected representatives. Even where the political will exists on the part of the Nazims to interact with the citizenry in these for a, the role that the civil society is supposed to play is little understood by the very organizations that have a claim to civil society representation. Thus the primary risk lies in the NGOs not being able to extricate the requisite value from this local institution in the districts where the level of political awareness is lesser than Mekran area of Balochistan. Individuals elected as Union Nazims, Naib-Nazims or Councillors are also still grappling with the demands of their evolving role. As such they typically refrain from assuming activist-positions in most right-based issues at the local level. A second risk therefore lies in their not playing their envisaged roles as champions of civil society. The legal area of influence of the district, provincial and federal government is not very clearly demarcated, particularly in the realm of regulating the performance appraisal, posting, transfers and promotion of the executive officers. The risk lies in the possibility that the executive officers at both district and provincial levels do not attach adequate importance to the decisions taken at the district level if they clash with the diktats of the provincial or federal level legislators. This may lead to a wilting of the confidence and enthusiasm on the part of the members of the proposed network in seriously pursuing the cause. This project assumes that the awareness campaigns being undertaken as a separate pilot under this TA as well as similar media campaigns by other projects will help tremendously towards bridging the awareness gap that exists at all level. It is also assumed that the strengthening of the existing networks and creation of
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Objective(s)
Time frame
Responsibility
Performance indicators Cost
more networks will lead to creation of a critical mass amongst the people that would provide impetus to the efforts towards the clarification of the respective roles of various tiers of government and numerous sections of society for better governance. By the end of the pilot project: 1. Process Manual for a para-statutory mechanism vetted and validated by the stakeholders and TA specialist is available; 2. An identified mechanism of Government-NGO cooperation is documented for use in training modules as well as the national media campaign for popularisation of the concept. 10-12 weeks TA Team focal person: Muhammad Usman Qazi Partners: 1. Strengthening Participatory Organisations 2. District Government Panjgur 3. District Government Gwadar 4. Local chapters of Mekran Coordination Council 1. Process Manual for a para-statutory mechanism duly vetted and validated by the stakeholders and TA specialist; 2. Content available for use in training modules as well as in the national media campaign for popularisation of the concept. Rs.300,850.oo
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Toolkit
Formation of Good Governance Network (GGN)
1. Introductions and Background Governance Networks though not enjoying a statutory structure in the current system have proved to be vibrant and useful forums to bring forth the public opinion and aspirations to policy/decision makers. Such networks have provided an opportunity for the civil society organizations to come forward and build a public private partnership for achieving the development goals of there respective area of operation. The Ministry of Social Welfare and Special Education Government of Pakistan (MoWD), in partnership with Asian Development Bank (ADB) is keen in building the institutional capacity of GO-NGO relationship. For the same GGN network formation by NGOs is a step towards achieving this king of a partnership. Under this project awarded to SPO, the networks are to be developed in consultation with the community and other stakeholders like elective representatives, civil society organizations and government focal point like the District Nazims, Naib Nazims and other nazmeen of the tehsil and union councils. From the experiences of the Kech Governance and Development Network, with the financial support of ADB, Strengthening Participatory Organization (SPO) Balochistan Turbat has established two District level Governance and Development Networks in Panjgur and Gawadar Districts This toolkit will provide basic information about the formation of a network that will focus on good governance issues and henceforth the overall development of there area.
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Process for GGN establishment: For the formation of the GGN following were the steps followed by the team in order to accomplish the task. Step 1: Identification of stakeholders: All the potential stakeholders of the projects should be very carefully mapped so as to include all relevant people from all walks of life to be part of this network. Step 2: A concept paper should be developed on the similar experiences by same or other organization this would help facilitate the replication of the tested model in the district. Hold Initial meetings with the District Nazims and DCOs in the District to discuss the idea and share the concept paper of the proposed network. Discuss the objectives of the network and the potential it has for the uplift of the district. Step 3: After consensus and approval of the concept paper, individual meeting for sharing the same idea should be conducted with almost all the expected members of the network in their offices. Step 4: Decide a date for the formal formative meeting in the district in consultation with the stakeholders/anticipated members of the network. Step 5: The goal, objectives, structure, activities, secretariat, coordination mode, Selection of coordinator, constitution and membership of these networks should be the main agenda of the formative meeting. A Governance Support Unit could be established in the secretariat. This unit will compile and gather district data for planning district and tehsil level initiatives. The Unit will share this data with the GGN to facilitate the planning process of the GGN. The overall objectives and structure of the Network could be as under: Objectives of GGN To build a strong network or coalition of civil society who can act together at local level. To build the capacity of local civil society on good governance. To establish and strengthening Networks and provide opportunities for linkages. Provide assistance to NGOs/CBOs in project planning and implementation. To update member on current development issues; To strategies joint interventions on various development and policy related issues including environment protection, gender equity, human rights and legal rights of the marginalized poor, planning and development etc. To disseminate information and organize forums on various issues; and To coordinate with other Networks and facilitate experience sharing process. 1.2 Structure of the Network:
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Like any other organizations, SPO also extends its help and facilitation to the network for the registration with Social Welfare Department to become a legal entity. For any financial assistance PDC shall have its legal status. 1.3 General Body (30 - 40 persons): It is the policymaking and major decision-making body, which would set direction of the Network. There is equal representation from each relevant stakeholder as mentioned in step 1 of the process mentioned above. GB meets at least twice a year (of which one will be Annual General Meeting) and shall take strategic decisions on simple majority bases in the situation of a no consensus. The roles and responsibilities of the key personnel are defined by the GB GB shall elect key personnel. 1.4 Executive Body: It will be the management body solely responsible for the implementation of key decisions/programmes/strategies made by the GB. 7 to 15 (to be decided by first AGM) members will be elected from the GB. Duration of EB will be one or two years (to be also decided at the first AGM/ GB/ constitution.). EB will meet monthly. EB will be responsible for implementation of the decisions taken by GB. In case the membership of the GGN remains below 15 the EB will also work as the GB, as and when the membership expands (which will be the responsibility of the EB) the GB will be formed separately. Initial Setup Required for the GGN Following are some of the requirement to set up a network in physical terms. One room space for the GGN Secretariat Working table and chair One Computer and Printer One telephone One full time secretary An initial support of Rs. 60,000 will be required to set up the secretariat and its furnishing. A recurrent cost of Rs, 5000/month based on the assumption of monthly salary of Rs. 3000 for the secretary, stationary, and cost of monthly bills. Planning, Monitoring and Reporting The GGN will conduct its planning on a six monthly basis and review the same on a quarterly basis to provide strategic directions to the network. The Executive body should ideally meet on a monthly basis and the review of the Network against the planning should be done on a quarterly basis. The annual progress should be shared with the GB on the AGBM. The secretary of the network will document the progress and the leanings of the GGN to be presented before the EB and the GB. ________________
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Good Governance Network CASE STUDY

Mr. Bashir Ahmed Baloch, resident of Absar, Thesil Turbat, District Kech has been shifted from local government as Director into Administration to take the charge of DCO Kech in 2002. He was working as DCO Kech on January 20, 2003 when SPO initiated the process of formation of a network to coordinate the local government, NGOs working in Kech, government line departments and civil society organizations for collective and coordinated efforts to development. Mr. Baloch at the time of individual meeting with him to share the idea of such a network seems to be not optimistic that such a network can produce results for the development, as other government officials, he was in view that the problem can only be solved through money but he supported the idea unheartily. He attended the workshop and shared with us his valuable ideas about the platform we were going to establish. In the meeting of all proposed members of the network on January 22,2003, held in SPO Kech office he was among one of its active members. The Kech Governance and development networks was formally established in that meeting its objectives, structure, activities and membership were discussed and finalized. On the suggestion of Mr. Bashir Ahmed Baloch, then the DCO Kech, Mr, M.B. Dashti, the District Nazim accepted the chief patronship of the network and SPO Kech office declared its secretariat for two years. Mr. Baloch attended all its meetings up to 2004 and played an important role to bring EDOs of government line departments into the meetings. He put ideas, participated in discussions and supported the network to implement its decisions. He was always part of committee formed by the network on different issues. I remember two committees of the network in which I was also participating as member, one committee formed to improve immunization program in remote areas of the district and the other to see the matter of CCBs formation in District Kech. Immunization program now covered the remotest areas through collective efforts of FPAP, Population Welfare and the District health department and 81 CCBs were formed in the District through community mobilization by all the members of the network. Unfortunately or it may be called fortunately, he was transferred to District Panjgur as DCO in 2004 and started maneuverings ideas to form such a network in Panjgur. He informally requested SPO Kech to initiate it but due to resource constraint we could not do that at that time. The SPO Kech started its cluster formation process in Panjgur in August 2004 and we heard a lot about cooperation of the DCO to civil society organization and discussing the idea of the Kech Governance and Development Network with CBOs and motivating them to establish a network in Panjgur. I visited him in his-office during the trip and he repeated the demand of network for Panjgur District. Luckily the Asian Development Bank under its National Council of Social Welfare program, agreed with SPO to replicate the KGAD network in Panjgur and Gwadar Districts. Mr. Bashir Ahmed supported us a lot in the formation of Panjgur GAD Network with pleasure. He shared his experiences of Kech GAD Network and said that the coordination of the District Government, CBOs, NGOs, Government line Departments and Civil Society will prove to be important for the development of Panjgur District. Now he is working as its member and has provided an office to its secretary.
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PILOT-7: MUNICIPAL SERVICE DELIVERY SCORE-CARD

Title of Project Location/Coverage Sponsoring Agency Executing Agency Project Brief
MUNICIPAL SERVICE DELIVERY SCORE-CARD Town/Tehsil Administration, Charsadda, District Charsadda, NWFP ADB GO-NGO TA National Council of Social Welfare Tehsil Nazim, Charsadda - Tehsil Municipal Administration, Charsadda - Selected local NGO Background Delivering effective municipal services is the responsibility of the Tehsil/Town Administration under the current regulatory framework. Tracking the impact of municipal service delivery through direct public feedback also provides key indicators of Good Governance, while strengthening Citizen-State engagement. A Report Card represents an assessment of the public services of the city from the perspective of its citizens. The latter are the users of these services and can provide authentic feedback on the quality, efficiency and adequacy of the services and the problems they face in their interactions with the service providers. They may not be able to comment on the technical features and standards of the services or to evaluate the overall performance of a provider. But they are eminently qualified to say whether the service meets their needs, and whether the agency is responsive, corrupt, reliable, etc.
Overview
When customers rate an agency on different dimensions of the service, it provides a basis for judging its performance as a service provider. Since citizens are customers of several different services, it is possible to compare ratings of this kind across services. The resultant pattern of ratings (based on public satisfaction) is then converted into a Report Card on the citys services. A report card permits the ranking of public agencies both in terms of the overall public satisfaction with services and of their specific dimensions such as quality, corruption, etc. Since cities have large populations, proper sampling procedures need to be followed in order to derive statistically reliable ratings. The concept of the report card and client surveys are new to most governments and their agencies. A municipal services scorecard has been developed by TMA Jaranwala, which even in its present elementary form seeks to narrow the communication gap between the local community and their administration. Results from citizen responses to a checklist of service
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delivery indicators are utilized by the Tehsil Administration to assess community needs, plan further services and allocate resources effectively. The proceedings of the Tehsil Council are broadcast live by the local cable TV service provider so local residents can follow issues being debated by their administration and contribute views directly in real time. Scope of the Proposal The RC, a flexible tool helps to measure the performance of local governments, local administration and governance. An aim of the RC testing is to bring about stronger and more sustainable linkages between the tehsil administration, the civil society and the citizens, the three key stakeholders in urban governance. This pilot aims to develop and field test a model community services scorecard that lists citizens own expectations from the TMA and by employing a weighted scale, track performance and resource-utilization transparently for supporting decision-making at the level of the Tehsil/ Town. Different elements of service delivery can be selected for a report card. These can also have various dimensions. However initially it is proposed that keeping in view the Jaranwala experience, four service delivery elements of street lights, water supply , sanitation and road conditions are taken up for the survey design. Similarly the dimensions of good governance associated with these service delivery elements will comprise eight principles including Participation, rule of law, transparency, strategic vision, responsiveness, effectiveness and efficiency, equity and accountability. The indicators for each of these principles are to be developed and approved in a participative workshop to be attended by wide sections of society. The field-testing maybe carried out through various focus group discussions or through sample survey depending on the recommendations of the stake holder workshop. In order to ensure an overall picture, based on the Jaranwala model, the city can be divided into three categories, according to the availability of services, into above average, average and below average, with one focus group for each of the four services in each of the three categories, making a total of twelve focus groups. The focus groups maybe asked to give a score from 1 to 5, for each of the indicators, depending upon their assessment. The final scores are calculated using the average of these three categories. The scoring interpretation to be used can be exceptionally good for range 85-100%, very good for 70-85%, good if the score was 50-70%,
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fair for 40-50%, poor for 30-40% and very poor if the score was below 30%. All of these details will be finalized by the stakeholders after the workshop. Justification This model illustrates an innovative tool for eliciting public participation in determining the effectiveness of municipal services and the allocation and utilization of local resources. As a feedback mechanism a community services scorecard can positively impact transparency and accountability in service delivery and resource allocation. Such a mechanism helps generate community buy-in for the nascent process of devolved government. Jaranwalas experience demonstrates that given efficient and responsive mechanisms for access to organs of state, communities are likely to engage constructively with government. Initial assessment indicates that Charsadda may be a fitting candidate for replicating a customised social services scorecard. The three key ingredients of a successful community-government program are present, namely a proactive Nazim, an efficient TMA, and strong local CBOs. Implementation Arrangement/Methodology Field-testing methodology is to be used. Taking the tehsil nazim and TMO into confidence is the first step, followed by selection of suitable partner NGO/CCB. The sectors of Sanitation, Streetlight, water supply and road conditions are initially proposed for their universal use. The stakeholder workshop at the initial stage will then decide the services to be covered and the methodology. Institutionalization The Report card will be prepared with the involvement of stakeholders. It will be widely disseminated and the selected NGO/CCB will be the institution which will carry the future exercise of updating the Report Card. Target Group/Beneficiaries Municipal services are in the ambit of Tehsil/Town/Taluka administrations under the new devolved governance set-up. This pilot project establishes synergies of the citizen- and state sectors in a way that empowers local residents to impact accountability and transparency of decision-making, especially in the realm of resource allocation. The citizens will be more informed of the status of the service delivery while a bench mark will be set up for the local TMA for its service delivery performance.
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Mode of Implementation Firstly a partner NGO/CCB will be selected which will hold workshop for determining the service delivery elements to be included in the Report Card. The indicators and methodology will also be brought for discussion in the consultative workshop. Thus the design of survey, questionnaire and focus group methodology will be selected for the Report card. The survey will be conducted by the partner NGO/CCB with the assistance of Tehsil Nazim and TMO and the results compiled. The results will then be disseminated in the form of a report and in a workshop of stakeholders. It will also be widely disseminated through the media by the partner NGO and by the Tehsil Nazim through presentation to the Tehsil Council. Evaluation The project will be evaluated against the monitoring indicators of input, out put and outcome. Risks Analysis - TMA Charsadda continues to support Jaranwala model as being replicable, and allocates the requisite time and resources to it; - TMA Jaranwala agrees to allocate some time and resources in mentoring the pilot phase; - The report even ,if the results are not favourable, is owned by the Tehsil Administration - ASB Dhudhiwala agrees to share their field expertise onsite In Charsadda; - NGO selected has the necessary capacity to undertake the task and of requisite quality. The support of the Tehsil Nazim along with ACO and TMO Charsadda has been obtained along with the involvement of an active local NGO. 1. To enhance the effectiveness of local municipal services by direct citizen participation and optimize resource allocation through meaningful real-time community stakeholder feedback. 2. Provide a benchmark for the TMA for improvement in service delivery. 10 weeks Partner NGO, Tehsil Administration Charsadda Input Activity 1. Selection of partner NGO(Human Development Organisation, Charsadda has been identified) 2. Conducting of Orientation Workshop for stakeholders on the concept and utility of the Report Card 3. Preparation of design of a survey including services to be covered and the methodology 4. Conducting workshop of stakeholders including civil society
Objectives Time Frame Responsibility
Performance Indicators
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5. 6. 7.
Cost
8. Output 1. Survey report 2. Dissemination of report Outcome 1. More informed citizens about service delivery 2. Bench mark for Improvement in service delivery Rs 313,500
representatives for approval of survey design for the Report Card including services to be covered and the methodology Design of survey Conducting of the survey Compilation of survey results and preparation of the Report Card Holding of dissemination workshop for informing the stakeholders of the results of the Report Card Presentation of report before council
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SAMPLE QUESTIONNAIRE Questionnaire: MUNICIPAL SERVICE DELIVERY (WATER SUPPLY] District: _________________________ Tehsil _____________________________ Union Council ___________________ Mohallah _______________________________ Date of Interview ________________ Interviewer ______________________________
Name of Respondent ______________ Gender _________________________________ Age_____________________________Occupation ______________________________ Availability, Adequacy and Quality of Service Q1. What is your major source of Water Supply (Write Code No.) 1. Piped Water, 2. Hand Pump, 3. Motorized Pump/Tube Well, 4. Closed Well, 5. Open Well, 6. Pond/Canal/River or Stream, 7 Other. Q2. Do Municipality provide you water? Yes No If Yes Continue. Q3. How would you grade the quantity of Water. Very Good, Good, Satisfactory, Poor. Q4. How would you grade the quality of Water. Very Good, Good, Satisfactory, Poor. Q5. How would you grade overall Water Supply System. Very Good, Good, Satisfactory, Poor. Q6. How you ever tested quality of Water. Highly Hygiene, Q8. Do you Pay Water Bill. Q9. If Yes do you receive Water Bill in time. Yes No Q7. If Yes what was the result. hygiene, Yes Yes Un-hygiene No No If No next-door.
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Q1O. How would you grade Billing system. Very Good, Good, Satisfactory, Poor. Q11. How would you grade Billing-depositing system Very Good, Good, Satisfactory, Poor. Q12. What would you Suggest for improvement? _______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________ Efficiency, Communication and response: Q13. Do you know whom to request for taking Water connection Q14. If Yes whom? _____________________________________ Q15. What is your opinion about the process of taking i new Water connection? Very Easy, Easy Not Easy, Difficult Q16. Do you know whom to complain if the Water quality or quantity is not enough Yes No Q17. If Yes whom?______________________________________ Q18. Have you ever complain about the quality or quantity of Water? Q19. (If Yes) what would you say about the timing of their response Very Good, Good, Satisfactory, Poor Q20. What (in your opinion) can be a better system for Communication with the authorities? Yes No Yes No
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Questionnaire: MUNICIPAL SERVICE DELIVERY (Sanitation) District: ____________________________ Teshil _________________________________ Union Council ___________________ Date of Interview ________________ Mohallah _________________________ Interviewer ________________________
Name of Respondent __________________Gender _______________ Age ________________________________ Occupation _______________________________ Availability, Adequacy and Quality of Service Q1. Do you have sewerage & drainage system? Yes No Q2. If yes, how would you grade it? Very Good, Good, Satisfactory, Poor Q3. If No for how long is it missing.____________ (in year) Q4. Have you ever contacted Municipality for putting in place the sewerage and drainage system? Yes NO Q5 If yes how would you grade their response? Very Good, Good, Satisfactory, Poor, No response. QG. if No what are the reasons. Efficiency, Communication and response:( for those having the facility) Q8. Do you know whom to request for clean up of drains? Yes No Q9. If Yes whom? Q1O. Do you know whom to request for maintenance of drain? Yes No Q11. If Yes whom? _____________________________________________________ Q12. Do you know whom to complain if Khakroob is not coming? Yes No Q13. If Yes whom? ___________________________________________________ Q14. Have you ever complain about clean up of dr Yes No
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Q15 If Yes How would you grade the repose of concerned authorities? Very Good, Good, Satisfactory, Poor No response Q16. What (in your opinion) can be a better system for Communication with the authorities?
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Questionnaire:: MUNICIPAL SERVICE DELIVERY (Road Conditions) District: ______________________Tehsil ___________________________________ Union Council _______________ Mohallah ________ Date of Interview _______________Interviewer ________________ Name of Respondent ________________ Gender Age Occupation
Availability, Adequacy and Quality of Service Q1. When it was constructed Q2. When was it last repaired/reconstructed? Day/week/month/year ago Q 3. How would you grade the road condition? Very Good, Poor Q4. If answer to Q3 is (Poor) what are the reasons? 1._________________________________ 2.________________________________ 3.________________________________ Q5. Whom would you hold responsible for these? 1. ________________________2. _____________________ 3. _________________ Q6. What is your suggestion for further improvement? 1. __________________________________ 2. __________________________________ 3. __________________________________ Efficiency, Communication and response: Q7. Do you whom to request for roads related issues? Yes No Q8. If Yes whom? Q9.Have you ever complain about any problem that is related to roads? Yes No Good, Satisfactory,
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Q1O. (If Yes) When did they responded on your complain? After days/weeks/months No response Q1l. What (in your) opinion) can be a better system for communication with the authorities?
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PILOT-8: STRENGTHENING CCBs THROUGH ACADEMIA

Title of Project Location/Coverage Sponsoring Agency Executing Agency Project Brief
STRENGTHENING CCBs THROUGH ACADEMIA 1. Union Administration Shaheen Muslim Town-I, Town-1, Peshawar 2. Union Administration Kaneeza, Town-2, Peshawar Asian Development Bank (TA-3618) National Council of Social Welfare Background CCBs formation process is underway; Donors, Govt. Agencies and the NGOs are active in facilitating and accelerating the formation process. A considerable number of CCBs have been reported registered in various districts of NWFP. Although some of existing CBOs have also been transformed into CCBs, mostly, CCBs are established as new entities having no previous experience of undertaking developed activities. Most of the CCBs office bearers have limited understanding of the existing trends and concepts of sustainable development. Field appraisals confirm the glaring lack of understanding within grassroots communities about the role of CCBs in local development. At the UC level, elected representatives and state functionaries, both often look upon CCBs with suspicion simply because citizen sector organizations are not well understood, and the term NGO has acquired negative connotations associated with an elite patronage system. Another aspect of the civil society-Government relationship is that the link between academia, students and the civil society and institutions is generally missing, and both seem to be working in isolation. Linking up academia with the process of community development fits well into the overall process of promoting Good Governance. Experience shows the merits of linking up the local wisdom of communities with people who can articulate it into goals and modalities and impacting local governance and development. Sociology students at the Punjab University conducted an innovative exercise in which they based themselves in a rural community, identified key activists and helped them form and register CCBs with the EDO(CD). Then they helped the CCB develop a project proposal on the requisite government formats, which could be part of the Union Council ADP. This was one in 14 Union Councils in District Hafizabad. The same model is being adapted to another geographical zone in this Pilot.
Overview
Scope of the Proposal The CCBs need to be given orientation in the basic concepts of development, community participation, sustainable development etc. They also need to know the practical details of understanding local development needs and prioritizing the same for evolving development plans. Utilizing the goodwill of academia and building on their skills, it is possible to create local CSOs/CCBs that have strong local roots and are not
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perceived as outside influences peddling alien precepts. This appears a good way to exploit the space for citizen participation created within the new governance paradigm. Such an approach has positive fallout for students as well, who will learn to appreciate their political reality better and use their experience to promote humane governance as they end up in decision-making positions over their careers. In this pilot, students of Institute of Development (Rural Sociology), NWFP Agriculture University along with IRDS (NGO) will be involved in mobilizing groups of citizens to form CCBs. The two target Union Administrations have both urban and rural components. Students will work in tandem with local resource-persons and IRDS resource-persons and facilitate the organizing and registration of CCBs in both UCs, followed by a proposal development exercise for the UAs annual ADP. The entire process of CCBs formation and registration and the process involved with effective implementation of development projects will be properly documented for information sharing, learning and replication.
Overview
Justification There are several actors concerned with the successful implementation of development projects through CCBs and active community involvement. But, most of them are unaware of the basic concepts of sustainable community development. They still need to learn how to contribute to the present system through effectively performing their due role. The project presents a potent area for government CSO cooperation. Implementation Arrangement/Methodology In addition to involvement of the community (in the form of CCBs) the Project will be implemented in partnership with Union Nazims, Naib Nazims , the Secretary UA , IRDS and the academia and students of Agriculture University. The following methodology will be adopted by the Project for achieving its intended objectives.
Overview
1. TA specialist facilitates the selection of a students cohort and development of action plan by IDS, Agriculture University and IRDS 2. IDS, Agriculture University and IRDS develop a process and training module with the assistance of TA specialist 3. IDS, Agriculture University and IRDS conduct orientation workshops on the role and organization of CCBs for stakeholders in the two Union Councils 4. IDS, Agriculture University students generate demand for CCB formation through targeted mass awareness campaign on the role and organization of CCBs in the two Union Councils 5. IDS, Agriculture University students and IRDS staff facilitate the creation and registration of CCBs 6. The newly formed CCBs develop project proposals with assistance from IDS, Agriculture University students and IRDS staff 7. IRDS, under supervision of IDS, Agriculture University faculty, collects
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video footage (optional) 8. IDS, Agriculture University academics and IRDS staff conduct classroom sessions to prepare students for field activity and report writing 9. IDS, Agriculture University faculty assisted by the TA specialist, review and evaluate the students field work. Some details of the activities to be undertaken are: 1. Development of Urdu Manual/ Booklet: Role of CCBs Registration, Project Development & Implementation. 2. Orientation Activities to motivate and enable the potential partners to acquire lead role in undertaking project activities, ie: a. UC Members who are required to plan and organize public meetings in the Mosques, Hujras and with the influential community members b. Community Members who will be provided information on the concept and role of CCBs in community development and the responsibility of individual citizens in making the CCBs successful. c. CCBs Members and activists who volunteer to work for the uplift and well being of their fellow citizens are provided information on their roles and responsibilities. 3. Training Program of experiential learning to put classroom learning into practice, including: i. One-day Training on Project Designing & Implementation, to focus on the process of designing development projects, process of appraisal, project implementation and monitoring, based on NRB & GoNWFP guidelines. Participants will be given the task of developing projects for their respective areas. Project staff will be available for assistance. ii. One-day Training on CCB registration and associated activities, to enable the participants to learn the processes associated with CCB registration and associated activities 4. Video Footage (optional) to reflect on the processes concerned with community awareness, CCBs formation, and registration and strengthening. The process of problem identification and prioritization will also be documented. The footage will focus particularly on the community involvement aspects of the activities. Institutionalization The Project will be implemented with the practical involvement of elected and Govt. representatives of the Union Councils. They will be enabled to deal effectively with the activities related to sustainable development. Similarly, strengthening the CCBs enhances the capacity of the civil society to take better charge of their own destiny. The Project aims to team up the three important actors of community development together Union Council, Union Administration and the Community Members, for making coordinated efforts for the development and uplift of their community. In addition it provides vital link to the academia and gives them an opportunity of experiential learning. It will be ensured that the exercise is repeated again by the University as part of field training for students in future.
Overview
Overview
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Target Group/Beneficiaries 1. Academia and students 2. Elected representatives of the Union Councils 3. Administration of the Union Councils 4. Office Bearers of the CCBs 5. Women (Their involvement will be ensured through formation of women CCB, particularly for dealing with the issues related to women)
Evaluation This is a short-term project of 10-12 weeks. The Project experience including lessons learned will be documented in the form of reports and shared with all concerned. The Project success will be monitored and evaluated according to the indicators appearing in the ACT sheets attached.
Overview
Risks Analysis 1. The CCBs may not receive projects from their respective Councils due to non-availability/non-allocation of funds at present. 2. Registration of the CCBs may be delayed due to bureaucratic procedures and limited understanding of the registration process. 3. The Project duration (10 weeks) may not be sufficient to assess success of the interventions. 4. CCB development process is acceptable to UAs in Peshawar District Nazims of each of the 2 Union Councils cooperate with external resource-persons 5. IDS, Agriculture University devotes the time required for the activity and gives due importance to evaluation of students at the end of the exercise
Objective(s)
1. A participatory process of establishing and strengthening of representative CCBs is developed, tested and documented for wider benefit. 2. Academia supplement their class room learning with active experiential learning, adding value to social mobilisation methodologies taught as part of the curriculum. 10-12 weeks TA Team focal person: Syed Zafar Ali Shah Partners: 1. IDS, Agriculture University. 2. Institute of Research & Dev. Studies(NGO) 3. Union Administration Shaheen Muslim town-1 Peshawar. 4. Union Administration, Kaneeza, Town-2, Peshawar.
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Performance Indicators
Inputs a. Selection of a students cohort and development of action plan b. Development of a process and training module c. Conducting orientation workshops on the role and organization of CCBs for stakeholders in the two Union Councils d. Mass awareness campaign on the role and organization of CCBs in the two Union Councils e. Facilitation and the creation and registration of CCBs f. The newly formed CCBs develop project proposals with assistance from PU students and IRDS staff
Outputs 1. Two CCBs per each Union Council (at least one female CCB) are established, registered and strengthened by the end of the Project. 2. The newly formed CCBs develop project proposals. Outcome - At least one of the four CCBs has been successful in getting a project approved from a Union/Tehsil/Town/District Council.
Cost
Rs. 264,000/-
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PILOT-9: FORMATION OF MUSALIHAT/INSAAF COMMITTEES

Title of Project Location Sponsoring Agency Executing Agency Project brief Overview FORMATION OF MUSALIHAT/INSAF COMMITTEES Kasi Road, Distt Quetta, Balochistan Asian Development Bank (TA-3618) National Council for Social Welfare Background Tehreek, a Quetta based NGO works in Preventive Health service delivery in the UC Gawalmandi and during public consultations came to recognize the need for access to justice and maintenance of law and order as a high priority in the area. Tehreeks dialogue with the UC Nazim, the local police station and community leaders has led to the formation of both an Insaaf Committee and a Musalihat Committee. An office has been established next to the police station, attended regularly by respective committee members who facilitate community-police liaison. The functions/rules of business of the two committees as outlined in LGO, 2001, PO 2002 are displayed outside the office. Scope of the Proposal This TA proposes the strengthening of the existing initiative to provide an opportunity for policy-makers, donors and stakeholders to see LGO/POdriven institution-building in action at the most basic rung of governance in disparate parts of the country. Justification Participation of civil society organisations, elected Councillors and police officials has been shown to improve public safety and citizens access to justice. The Musalihat Committee described below is seen to be a suitable working model which can be adapted to Union Administrations in other parts of the country. A major impediment in proliferation of this mechanism has been found to be lack of secondary legislation and skills in alternate dispute resolution. Lessons from the project can help document grass-roots institutionbuilding experience. While establishing a reservoir of learning for future adaptation and implementation, the proposed project would help lay out basic principles for creating and managing Insaaf and Musalihat Committees to desired expectations in diverse cultural settings across a variety of districts. Implementation Arrangement / Methodology The TA proposes the strengthening and replication of the cooperation between the elected Councillors, police officials and the civil society activists by assisting the partners in chalking out model by-laws for the Musalihat Committees as well as implementing a training module on alternate dispute resolution.
Mode of Implementation Tehreek proposes to deploy one male and one female Social Worker to initiate a door-to-door mass awareness campaign about the formation,
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roles & responsibilities, and public expectations of a Union Musalihat Committee in the identified Union Administration. Tehreek will facilitate a weekly meeting of the Musalihat Committee at the local mosque for men and at the Musalihat Committee office for women. Tehreek volunteers will attend the office of Musalihat Committee on a daily basis and maintain a record of citizens approaching them for reconciliation. This record will be compiled in the form of a database for further use in the Thematic areas of Humane Governance and Public Safety. This is a strengthening initiative that hopes to enhance the impact of the Musalihat Committee in the Gwalmandi area and scale it horizontally to the Kasi Road area. The TA team will assist the three main partners in the documentation of the process out of which will emerge a set of model by-laws developed through this process. Content for a two-day training module on alternate Dispute resolution will be prepared by the TA team and delivered for representatives of local administration, public safety officials and citizen opinion-leaders. Both these resources will be made available through the NCSW or ADB for replication in other Union Administrations. Institutionalisation Lessons from the project can help document grass-roots institutionbuilding experience and establish a reservoir of learning for future adaptation and implementation. This pilot aims to lay out basic principles for creating and managing Insaaf and Musalihat Committees to desired citizen expectations in diverse cultural settings across a variety of districts. Target Group and Beneficiaries Within the primary focus on weaker sections of society, especially underrepresented groups and women, the pilot targets citizens of the two Union Administrations who suffer from a lack of access to the processes of humane governance and public safety. Evaluation The project will be evaluated against the deliverables given in the Indicators in a following slot. Risk Analysis The Musalihat Committees are firmly embedded in the new statutory firmament, yet they are little understood by the very constituency that they seek to benefit. Thus the primary risk lies in the citizens not being able to extricate the requisite value from this local institution. Being part of a tradition-bound law & order mechanism, it is unlikely that police officials will be ready for this newly emerging role from the citizen sector. Hence the second risk lies in further entrenching the resistance within the law enforcement officers who are envisaged in the postDevolution situation as equal partners in public safety. Individuals elected as Union Nazims, Naib-Nazims or Councillors are also still grappling with the demands of their evolving role. As such they
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typically refrain from assuming activist-positions in most right-based issues at the local level. A third risk, therefore lies in their not playing their envisaged roles as champions of civil liberties in their communities. All together, this may lead to setback for the precept of the Muslahiat Committee. This project assumes that the door-to-door strategy, backed up by a top-down engagement of the police, championed by the public representatives will effectively mitigate the above risks. By the end of the pilot project: 3. Model by-laws and rules of business for a Musalihat Committee are available for wider dissemination & adoption. 4. Training in alternate dispute resolution techniques is developed and implemented. 5. Progress reports of the Musalihat Committee are compiled. 10-12 weeks TA Team focal person: Muhammad Usman Qazi Partners: 5. Tehreek; 6. Union Administration Gwalmandi/ Kasi Road, District Quetta 7. Police Station Gwalmandi/ Kasi Road, District Quetta 1. Model by-laws and rules of business for a Musalihat Committee are developed 2. Training in alternate dispute resolution techniques is developed and implemented 3. Progress reports of the Musalihat Committee are compiled Rs. 308,000
Objective(s)
Cost
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Bylaws
for Insaaf committee and Musalihat Anjuman Under sections 192(1) (d), Section 88(n) and Chapter XI of the Balochistan Local Government Ordinance NO XVIII of 2001
Drafted by
Barrister M. Jamshid Malik
Muhammad Dawood Kasi Forwarded by Fahim Zaman Khan
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Bylaws for the making of the Insaaf Committee and the Musalihat Anjuman and for their function thereafter. WHEREAS it is expedient to make Bylaws for making of the Insaaf Committee and the Musalihat Anjuman and for their function as the source of settlement of disputes through alternate means between/among the residents of the Union Council, Killa Kasi, Halqa 17; NOW THEREFORE in pursuance of the sections 192(1) (d) and Section 88(n) and Chapter XI of the Balochistan Local Government Ordinance NO XVIII of 2001, and in exercise of all powers enabling him in that behalf, the Nazim Union Council of Killa Kasi, Halqa 17, is pleased to make and promulgate the following Bylaws: 1. Short title and extent: a. These bylaws my be called the Bylaws for Insaaf committee and Musalihat Anjuman made under sections 192(1) (d) and Section 88(n) of the Balochistan Local Government Ordinance NO XVIII of 2001; b. It extends to Union Council Killa Kasi, Halqa 17; c. It shall come into force on. d. In case of any conflict, as to the subject matter and context, between the bylaws and the ordinance, the ordinance will prevail; e. These Bylaws does not effect/extinguish any other statutory rights. 2. Definitions: In these bylaws unless there is anything repugnant in the subject or context a. the Ordinance means the Balochistan Local Government Ordinance No.XVIII of 2001; b. the Bylaws means the bylaws for Insaaf committee; c. the Committee means Insaaf Committee; d. the Anjuman means Musalihat Anjuman; e. the Panel means Panel of Musalaheen; f. the Chairman means Chairman of council/Nazim; g. the Union means local area notified under section 6 of the Balochistan Local Government Ordinance No.XVIII of 2001 to be a Union; h. the Section means a Section of the Balochistan Local Government Ordinance No.XVIII of 2001. i. the Musalihat means arbitration, negotiation, mediation, settlement through alternate means, out of Court amicable settlement and all the cognate words; j. the Specified Time means the time specified by the Anjuman for its availability for the Musalihat or otherwise; k. the Specified Place means the place specified by the Anjuman for its availability or otherwise;
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l.
the Musalaheen or the Musleh means the member/s of Musalihat Anjuman.
FORMATION OF INSAAF COMMITTEE. 3. The union shall elect the Insaaf Committee within thirty days of its holding of office. 4. There shall be at least three members forming the Committee. 5. The number of Committee may be increased, as the Union Nazim deems necessary. 6. The Union Council shall elect the committee amongst the members elected. 7. Subject to the Section 3 of the Bylaws, on application, or on its own motion, for the formation of the Committee, the Chairman shall call the meeting of council. 8. The formation of the Committee shall be taken as the urgent matter and shall be included in the agenda for the meeting. 9. In the meeting so convened, the Nazim, subject to section 5 of the Bylaws, may propose three names to be the members of the committee. 10. The Nazim shall call for unanimous voting for the names so proposed. 11. In case of failure to get the unanimity, the Nazim shall ask for three or more members of the Union Council to propose their names for the said purpose. 12. The members of Committee, then, shall be elected by getting most number of votes. 13. The Chairman shall notify the members elected and the notification shall be affixed on the notice board of the office of the Union Council. 14. The notification shall contain the full names and designation of the elected member of the Committee in the Union Council. 15. The Chairman shall keep the copy of record of formation and election of Committee in office for the term of their office. 16. The place of sitting of the Committee shall be the address of the Union Council. DUTIES OF INSAAF COMMITTEE Formation of Musalihat Anjuman 17. Within 30 days of election of Committee, Committee shall constitute Musalihat Anjuman. Provided that:a. It shall consist of a Panel of three Musalaheen; b. One of them shall be selected by Committee as convener; c. They shall be publicly known to be the persons of good judgment/integrity and command respect. d. The members of Council may not be appointed as Musalaheen; e. The Musalaheen shall be selected for the term of the Union Council; f. Musalaheen shall be eligible for re-election. 18. The Committee may propose three names for the Musalaheen by placing notice on the Notice Board in the Union Council. 19. The notice so placed, shall include:
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a. The full names and addresses of the proposed Musalaheen; b. The request for any objections from the residents of the Union Council; and c. The period of notice shall be of at least 15 days until when the objection, if any, can be submitted to the Committee. 20. Before placing of any such notice, the Committee shall ask for the consent of the persons so proposed. 21. Upon receiving any such objections, the committee shall summon such person, against whom such objection came, and after providing him opportunity shall decide if that person may be a suitable candidate or not. 22. No person shall be appointed as a member of the Anjuman without conforming to the process under these Bylaws. 23. In case the committee finds it difficult to find the suitable candidate, the Committee shall ask for the candidates from the residents of the Union Council by placing a notice, and then abide by above mentioned Bylaws. Vacancies and removal of Musleh 24. Any casual/permanent vacancy in the Panel of Musalaheen shall be filled by the Committee as soon as possible. 25. Committee may subject to notice to show cause: a. Remove any Musleh on the allegation made on him, of partiality and malpractices in performance of duties; b. Or in its own opinion of partiality and malpractices. 26. Provided that Musalaheen shall be provided an opportunity of being heard by the Committee. 27. Provided that the order of removal of Musleh shall be with consent of 2/3 members of the Committee, which shall be forwarded to the Chairman of the Council. FUNCTIONS OF MUSALIHAT ANJUMAN. Functions and duties 28. Musalaheen along with members and Chairman of Council shall use their good offices to achieve the amicable settlement of disputes amongst the people of the Union through the Musalihat. 29. For achievement of settlement, they should not take into consideration whether or not any proceedings have been initiated in a court of law in respect of such dispute. 30. Settlement shall not be under coercion, undue influence and/or any other pressure of any kind. 31. Disputes includes both civil and criminal. 32. Notify on the Notice Board of the Union Council the Specified Place; 33. Notify on the Notice Board of the Union Council the Specified Time; 34. No party or relative of either of the party in dispute shall be member of the Anjuman
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PROCEDURE FOR MUSALIHAT 35. Upon receiving information the Convener shall a. Approach both the parties and persuade them for the Musalihat; b. Settle the dispute with consent of both the parties by calling the meeting of the Anjuman; c. Convene meetings of Anjuman, at the Specified Place or the place he deems fit/necessary for the Musalihat; d. Convene meetings of Anjuman, at the Specified Time or the time he deems fit/necessary for the Musalihat; e. No fee shall be charged for such Musalihat; f. Conduct the meeting in the informal manner. 36. Where in a dispute the parties request, or if any of the Musleh have personal interest, for appointment of a person other then the Musalaheen in a particular case as a Musleh, the Union Nazim may appoint such person as Musleh for that case, and the obligations and duties contained in these Bylaws will be applicable to such Musalihat. 37. The Musalihat shall be conducted only in the presence of the parties concerned or as otherwise with the consent of both the parties seeking the Musalihat. 38. The report/decision of the Musalaheen shall be recorded in writing and copies shall be provided to the parties by the secretary of union duly attested by the chairman. 39. The convener may persuade the parties to the dispute to make the award passed by the Musalaheen as rule of the Court. 40. Legal practitioners shall not be allowed to participate in the proceedings unless they are party to the dispute. CASES REFERRED FROM COURTS 41. Any court may refer any case to the Anjuman through Union Nazim for settlement in time prescribed in that reference. 42. The Anjuman shall follow the directions of the Court, if any, with regards to: a. the procedure; b. manner of conduction meeting; c. the Musalihat; and d. any other direction in this regard. 43. The Anjuman may ask for extension of time for settlement from the court. 44. The out come of the Musalihat shall be conveyed to the court. 45. The court may make such settlements/order of Anjuman duly attested by chairman make rule of the court. ________________________
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Alternate Dispute Resolution

MODULE FOR TRAINING
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Contents What is ADR Why is ADR Purpose of ADR Types of ADR Mediation Conciliation Arbitration Negotiation Advantages and disadvantages Litigation Advantages and disadvantages
Advantages and disadvantages of ADR Role of mediator Beginning, During the process, At the end Mediation Arbitration Negotiation
Ethical guidelines for mediators Role of Insaff committee and Musalihat Anjuman Formation and procedure of Insaff committee Formation and procedure of Musalihat Anjuman Role of Musaleheen in Musalihat
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WHAT IS ADR?
Alternate Dispute Resolution ("ADR") Alternative Dispute Resolution (ADR) refers to a variety of dispute resolution techniques that involve the introduction of a neutral third party into a dispute. The "neutral" can play a variety of roles, including facilitating discussions, providing parties with a "reality check" on the merits and value of their claims, assisting with creative problem solving, and writing agreements that reflect the needs of the parties. The most familiar ADR processes are mediation and arbitration, which date back to the early 1900s. Some ADR techniques employ an interest-based approach that is often a more constructive alternative to traditional, adversarial processes. ADR is used to describe a variety of approaches to resolving conflict in which the people in the conflict decide how to resolve their own problems. This is different from traditional ad judicatory or adversarial methods, in which a judge or hearing officer decides how to resolve the dispute for the people in the conflict. ADR include mediation, Arbitration, negotiation etc. In ADR, people in conflict are empowered to come up with solutions that they have crafted, or at least have had a hand in crafting, so that they can be satisfied with the outcomes that are reached. A neutral or unbiased third party can assist the disputing parties in a variety of ways during ADR. A general term used to describe various problem-solving techniques that can be used as an alternative to litigation in court. These methods are designed to meet specific needs of the parties and the nature of the dispute. WHY ADR? Meaning of a dispute. Understanding disputes at the earliest possible level. Discussion of traditional litigation processes and why it does not always do the best job. Costs of litigation and deterioration of relationships.
Litigation. Judge (and possibly jury) hears case presentation; decision subject to appeal. 1. Role of parties - actively participate in case. 2. Neutral Third Party - judge and jury. a. Judge selection is arbitrary. b. Jury selected by attorneys. 1. Role of Attorney - presents case as advocate. 2. Where appropriate - public forum and jury if desired; precedent important. 3. Type of Proceeding - public; adversarial; case presented with testimony, evidence, and witnesses. 4. Cost - high direct and indirect (time and emotions) cost. Result - binding; right of appeal. Advantages and disadvantages a. Precedent value. b. Result more predictable if law of case is good. c. Financially stronger litigant may prevail due to the cost. d. Right of appeal gives "second and third chance." e. Outcomes can vary, depending on judge and skills of attorney.
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Purpose of ADR Avoid time consumption, expensive and stressful litigation. People use ADR because they understand that it can be a process that is fair to all parties without sacrificing their own individual interests. Here are some specific benefits available through ADR: When two people are experiencing a problem and will be in a continuing working relationship (e.g., neighbors), ADR can be a means for identifying a workable solution to the problem rather than focusing on who should be blamed for the problem. ADR can help resolve conflicts more quickly and less expensively than may be possible in other resolution processes. Getting issues out on the table for discussion while positions are still flexible, and lines of communication are still open, can help parties resolve a conflict before potentially lengthy and expensive adversarial proceedings are started. In ADR, especially in mediation, communication can be improved between people in conflict. ADR also can allow people to develop a more flexible or creative solution than is generally possible in more formal processes. in summary, in ADR, people can save time, expense, and emotional distress and, most importantly, build healthy work relationships.
1. a. b. c. d. e. f. 2. a. b. c.
Advantages. Gives parties maximum control over the outcome. Outcome most likely to meet individual needs of parties. Time, cost, flexibility, privacy. Restoration of relationship. Reduction in future conflicts. Once been through, the parties are more receptable towards in the future. Disadvantages. Depends upon the good faith of the parties and their attorneys. Non binding unless reduced to writing and signed. May not appropriate where one party is in a substantially stronger bargaining position or is in a position of power.
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TYPES OF ALTERNATE DISPUTE RESOLUTION Mediation. Mediation - (The Parties decide) This is a dispute resolution process in which the parties freely choose to participate and any agreements reached to settle disputes are done solely by the parties, without interference. The parties select the Mediator and once selected, the Mediator will arrange the mediation process. The Mediator makes no decisions; instead he/she acts as a facilitator only to assist the parties to understand the dispute, provide structured discussion and to help the parties reach a dispute settlement agreement. If the parties can't reach a settlement agreement, they are free to pursue other options. The parties generally decide in advance how they will contribute to the cost of the mediation. Mediation is a very important form of ADR, particularly if the parties wish to preserve their relationship. 1. 2. 3. 4. 5. 6. 7. Role of Parties - negotiate directly or through attorney, with assistance of mediator. Neutral Third Party - "Mediator." Role of Attorney - educates and advises client. Where Appropriate - unlimited. Type of Proceeding - private, confidential; structure flexible. Cost - varies; mediation service fee and possibly attorney fees. Result - structured by parties (or their attorneys) assisted by mediator.
Conciliation Conciliation is a less frequently used form of ADR, and can be described as similar to mediation. The Conciliator's role is to guide the parties to a settlement. The parties must decide in advance whether they will be bound by the Conciliator's recommendations for settlement. The parties generally share equally in the cost of the conciliation. Arbitration. Arbitration (The Arbitrator decides) An ADR process in which a third-party decision maker, selected by the parties, conducts an abbreviated process of information exchange, presides over a mini hearing, and renders a decision. Arbitration may be binding or non-binding. Arbitration is a dispute resolution process where the opposing parties select or appoint an individual called an Arbitrator. Upon appointment, the Arbitrator will arrange the process to hear and consider the evidence, review arguments and afterwards will publish an award in which the items of dispute are decided. In some cases the Arbitrator can conduct the arbitration on documents evidence only. When published the Arbitrator's decisions are final and binding on the parties. It is rare for an arbitration to be appealed to the courts. Arbitration may comprise a sole Arbitrator, or may be a panel of Arbitrators. Costs of the arbitration are disposed of in the Arbitrator's award, unless the parties have some agreement to the contrary. 1. Role of Parties - participate in case presentation; testify; less formal than trial. 2. Neutral Third Party - "arbitrator"; must be qualified; renders decision. 3. Role of Attorney - presents case as an advocate.
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4. Where Appropriate - where negotiations are at an impasse; privacy desired; parties want decision from expert in the field; factually or legally complex case 5. Type of Proceeding - private; adversarial; structured like trial, with evidence, witnesses, etc. 6. Cost - usually less expensive than litigation. 7. Result - binding decision with limited right of appeal. Negotiation. The parties themselves attempt to reach joint resolution. a) Role of Parties - negotiate directly or through attorney. b) Neutral Third Party - none. c) Role of Attorney - generally none. d) Where Appropriate - unlimited. e) Type of Proceeding - private, confidential. f) Cost - minimal; primarily time. g) Result - structured by parties (or their attorneys). May not appropriate where one party is in a substantially stronger bargaining position or is in a position of power. ADVANTAGES AND DISADVANTAGES OF ADR Mediation. Advantages - time, cost, flexibility and privacy Disadvantages. a. Depends upon the good faith of the parties and their attorneys; unrepresentative or uninformed party at disadvantage. b. Poor mediator (qualifications, style, attitude) can result in unsuccessful resolution. Arbitration Advantages. a. No trial (may be disadvantage to plaintiff seeking high general or punitive damage award). b. Informal. c. Generally lower cost. d. Privacy. e. Fast - depends on parties willingness to move case along. f. Decision rendered by qualified arbitrator. g. Binding; limited right of appeal (some might regard this as a disadvantage. Disadvantages. a. Parties cannot be compelled to arbitrate unless they signed an agreement to arbitrate. b. No precedent value. c. Outcomes can vary, depending on arbitrator. d. Rules of evidence less predictable. Negotiation Advantages. a. Gives parties maximum control over the outcome. b. Outcome most likely to meet individual needs of parties. c. Time, cost, flexibility, privacy. Disadvantages. a. Depends upon the good faith of the parties and their attorneys.
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b. Non-binding unless reduced to writing and signed. ROLE OF MEDIATOR Beginning a. Serves as neutral facilitator. b. Summarizes, restates, and prioritizes issues in a non-judgmental manner. c. Assists in the generation or clarification of options. d. Evaluates options and possible consequences. e. Enforces the ground rules. f. Identifies areas of mutual interest During the Process a. Provides each party an opportunity to present their side of the story without interruption. b. Both parties are encouraged to listen effectively during the other parties statement (possibly for the first time), and to take notes on important issues. c. Allow the parties to express their feelings and emotions to each other in a productive and positive manner. d. Allow the parties to ask and answer questions from each other. e. Fills in information gaps. Gathers data useful to problem resolution. f. Allow the parties to uncover the motivating interests of each position. g. Uncovers hidden agenda. h. Assists the parties to identify mutual interests on which the parties can bargain or negotiate. i. Allow the parties to confirm the issues. j. Allow the parties to explore solutions, which are mutually acceptable. k. Allows the parties to brainstorm their own solution rather than by a third party decision maker. l. Allows the parties to retain control over the situation and fosters a feeling of ownership. m. Allows the parties to move away from their original positions and focuses on solutions. At the end a. Congratulate the parties for successfully participating in the mediation process and reaching a mutually satisfactory disposition. b. Promote the mediation process as an alternative dispute resolution technique for future issues. c. Compliment the parties for attempting to resolve the dispute through mediation. d. Double-check the parties understanding of the consequences of not reaching an agreement.
ETHICAL GUIDELINES FOR MEDIATORS The mediator should protect the integrity and confidentiality of the process. The mediator should not use information obtained in the process for personal gain or advantage. c. The mediator should not solicit a specific case or matter. d. The mediator should make full disclosure of any relationship with either party and should not serve if either party makes an objection based upon a conflict of interest or perceived conflict. e. A mediator should not permit recordings or transcripts of the proceedings. f. If a mediator or the parties find that the mediators impartiality has been compromised, the mediator should offer to withdraw from the process. g. A mediator should not give legal or other professional advice to the parties. a. b.
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h. i. j. k.
The mediator should terminate the process if the mediator determines that one of the parties is unwilling or unable to participate in good faith in the process. The mediator should not coerce or unfairly influence a party into a settlement agreement. The mediator should assist the parties in examining the advantages or disadvantages of all options suggested, but should not advocate a particular solution. The mediator should not disclose to any party information given in confidence, either in caucus or joint session, except as expressly authorized by the disclosing party or as required by law.
ROLE OF INSAAF COMMITTEE AND MUSALIHAT ANJUMAN FORMATION OF INSAAF COMMITTTEE Members: Union elects, amongst themselves, 3 members, which may be increased by Nazim. Procedure of election: Will be elected in meeting called by Nazim or any other member. The Nazim proposes three names, if not agreed by the members they proposes their own which follows by the poll. Once elected, their names are affixed on the notice board of the Union. FORMATION OF MUSALIHAT ANJUMAN Members: Members may not be a union member, and should be a well-reputed person. Procedure of election: The Insaff Committee within 30 days of its election constitutes the Musalihat Anjuman, consisting of 3 Musalaheen. Their term of office is the same as of the Union, yet they can be reelected. The Committee proposes the names and asks for the public objections, with the consent of the person so proposed.
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ROLE OF MUSALEHEEN IN MUSALIHAT PROCEDURE FOR MUSALIHAT 46. Upon receiving information the Convener shall a. Approach both the parties and persuade them for the Musalihat; b. Settle the dispute with consent of both the parties by calling the meeting of the Anjuman; c. Convene meetings of Anjuman, at the Specified Place or the place he deems fit/necessary for the Musalihat; d. Convene meetings of Anjuman, at the Specified Time or the time he deems fit/necessary for the Musalihat; e. No fee shall be charged for such Musalihat; f. Conduct the meeting in the informal manner. 47. Where in a dispute the parties request, or if any of the Musaleh have personal interest, for appointment of a person other then the Musalaheen in a particular case as a Musaleh, the Union Nazim may appoint such person as Musaleh for that case, and the obligations and duties contained in these Bylaws will be applicable to such Musalihat. 48. The Musalihat shall be conducted only in the presence of the parties concerned or as otherwise with the consent of both the parties seeking the Musalihat. 49. The report/decision of the Musalaheen shall be recorded in writing and copies shall be provided to the parties by the secretary of union Council duly attested by the chairman. 50. The convener may persuade the parties to the dispute to make the award passed by the Musalaheen as rule of the Court. 51. Legal practitioners shall not be allowed to participate in the proceedings unless they are party to the dispute. IN CASE OF DISPUTES REFERRED FROM COURTS 1. Any court may refer any case to the Anjuman through Union Nazim for settlement in time prescribed in that reference. 2. The Anjuman shall follow the directions of the Court, if any, with regards to: a. the procedure; b. manner of conduction meeting; c. the Musalihat; and d. any other direction in this regard. 3. The Anjuman may ask for extension of time for settlement from the court. 4. The out come of the Musalihat shall be conveyed to the court. 5. The court may make such settlements/order of Anjuman duly attested by chairman make rule of the court.
THE ABOVE PROCEDURE HAS TO BE ADOPTED AS PROVIDED BY THE BYLAWS OF MUSALIHAT ANJUMAN
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Endnotes
Endnotes 1
The term grassroots NGOs is applied to denote localized voluntary organizations often thrown up spontaneously in response to a specific community need or demand. These grassroots NGOs are typically welfare or servicedelivery oriented, providing for education, religious instruction, basic health and social services targeted towards vulnerable segments of society. However, in the past two decades, through interventions of support organizations such as the RSP network or SPO, a newer breed of village or community-based organizations (CBOs) have emerged. These CBOs are normally initiated through community mobilizers around entry point interventions such as savings and micro-credit or natural resource management programmes. The LGO 2001 envisages a role for grassroots NGOs which, registered at the district level as Citizens Community Boards (CCBs), promote good governance through direct participation in local development initiatives. 25% of the Annual Development budget has been earmarked as non-lapsable funding for projects presented by CCBs to the local government. The Joint Working Group for this TA was nominated by the Government, representing key stakeholders was responsible for reviewing and validating TA interventions. Members are listed in the Appendix. Defined under the Voluntary Social Welfare Agencies (Registration & Control) Ordinance, 1961, Section 2(f) as an organisation, association or undertaking established by persons of their own free will for the purpose of rendering welfare services in any one or more of the fields mentioned in the Schedule and depending for its resources on public subscriptions, donations or Government aid, and regulated under the Voluntary Social Welfare Agencies (Registration & Control) Rules, 1962. RSPs, typically registered as non-profit companies under section 42 of the Companies Ordinance, 1984, and for the most part, derive their core resources from government sponsored endowments and donor grants to implement a three-pronged strategy of institutional development at the grass roots level through organization-building, savings and skills training. Zafar Ismail, The Income Tax Regime And The Non-Profit Sector in Pakistan, PIDE, 2003 Ghaus-Pasha, Jamal and Iqbal 2002; Dimensions of the Nonprofits Sector in Pakistan: Preliminary Estimates, SPDC Statutory Spaces under the Devolution Plan (LGO 2001, PO 2001, Superior Court Ruling): i. Provincial Local Government Commission, to oversee and resolve disputes between the provincial governments and local governments. ii. iii. iv. Provincial Finance Commissions, to create a system of equalization payments and redistribution of resources among the districts. Reconciliation Committees, to act as the alternate dispute resolution between citizens. Citizen Community Boards, to enable the proactive members of the community to participate in community work, such as service delivery, management of a public facility, a cooperative activity, or reinforcing the capacity of a monitoring committee. Public Safety Commissions, to guide, and to evaluate the performance of Police. Police Complaint Authority (Federal and Provincial, to oversee the general functioning of police (no clear space for civil society participation). Citizen Police Liaison Committee, to be a voluntary and autonomous body with the mandate of building citizen confidence in the Police.
2 3
5 6 7
v. vi. vii.
viii. Citizen Court Liaison Committee, to be a voluntary body with the mandate of expediting the judicial processes through citizen involvement. 8 Six thematic areas that fall within the good governance focus of the devolution plan: 1. Humane Governance, 2. Public Safety, 3. Rights & Gender, 4. Service Delivery, 5. Fair Resourcing, 6. Capacity Development. Referred to as the 7-Cs of GoNGO Cooperation: 1.Communication, 2.Compatibility, 3.Credibility, 4.Championship, 5.Coordination, 6.Continuity, 7.Consequences. According to S.A.H.Shah of the International Development Law Organization (IDLO) the term civil society connotes a voluntary and independent segment of society that desires recognition of fundamental rights or the delivery of fundamental services from the State in a way different from and at times conflicting with State mandate.
9 10
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11 12
Four (4) Intervention Levels to optimize GoNGO relationships: 1. Law & Regulation, 2. Perceptions & Attitudes, 3. Knowledge & Practice, 4. Capability & Skills Robert D. Putnam, in "Making Democracy Work," his empirical study of regional politics in Italy, gives his definition of civil societies, describes what comprises democratic governments and the conditions in which they can sustain development. He argues that a vibrant "civil society" is imperative for a "successful" or democratic government. That "civic-mindedness" is a high level of individual identification larger public good that leads to increased participation. Putnam describes a "civil society" as one in which citizens engage actively on neutral public ground as equals. In a civil society individuals trust institutions, forming the most valuable form of social capital. Putnam measures the degree of civility in a society by four indicators, namely voluntary association participation, newspaper-readership/media-participation, public referendum turnout, and preference-voting patterns. http://www.la.utexas.edu/chenry/civil/archives95/csspapers/0008.html
13 The state is seen as a set of administrative, policing and military organizations headed by a more-or-less wellcoordinated executive authority (Skocpol, 1979: 29). 14 In contemporary times, civil society has been generally understood to encapsulate the third sector of society and a complement to the first two: the state and the marketplace. More specifically, civil society is meant to represent the complex universe of associations, ranging from civic institutions to religious organizations to recreational groups, created by individuals to advance mutual goals and values. A consensus on the kind of groups that reside within the organizational walls of civil society, however, remains highly contested. (From Omar Encarnacion, Orbis Spring 2003). For an overview of the liberal tradition of civil society, see Hann (1996), Hall (1995), Keane (1988), Dietz (1987). In its classical definition, Civil Society appears as an individualistic concept, wherein a collection of individuals pursue their private interests in competition with each other, implying that the market is I some ways opposed to the State. Hall (1995) argues that this definition of civil society as the self-organization of strong and autonomous groups should be seen inn terms of mechanisms whereby State-Society interactions can be balanced. Respect for individual rights, and rule of law are crucial elements in this conception of civil society. According to Skocpol (1995), the state is an arena where conflicts over basic social and economic interests are fought out, and reinforces the idea that the State and Civil Society balance each other. Oxhorns (1995) collectivist perspective accommodates power relations in social relations, defining Civil Society as the social fabric formed by a multiplicity of self-constituted territorially- and functionally-based units which peacefully co-exist and collectively resist subordination to the state, at the same time that they demand inclusion into national political structures. According to Paker (2001) this dual dynamic of resistance and inclusion reflect a relative dispersion of political power. According to Oxhorn, in societies where political power is more concentrated, civil society is weaker, which is why it can accommodate collective actors that engage in social struggles as opposed to being an aggregation of individuals pursuing private interests. Mouffes (1992) view resonates this collectivist approach to civil society, perceiving Civil Society as consisting of citizens who act socially and democratically to resolve issues that concern them. Putnam (1993) explains good government by illustrating the role of civil society through his much referred to comparison of Italys northern and southern regions. His findings point out that institutions and governments in the north perform better because they exhibit a higher degree of civicness, which Paker (2001) paraphrases as a demonstrably more active participation in public affairs, equal rights and obligations for all, trust among the members and a network of horizontal associations. 15 16 NGO Resource Centre 2004; Civil Society in Pakistan, NGORC, Karachi The Societies Act, under which a large proportion of religious organizations are registered, appears insufficient in regulating the affairs of such religious organizations. For a number of years the Government has discouraged new registrations under this law, with a view to review and update legislation with particular relevance to religious organizations. RSPs, being typically registered as non-profit companies are much more tightly regulated than any other current association model, requiring regular and detailed disclosure of its fiduciaries and the resources at its disposal. In addition, being relatively better resourced through government- or donor-seeded endowments RSPs are often able to afford well-trained professional managers and build on the experience and resources of a fast-evolving RSP network both within and outside Pakistan to implement effective fundraising and program strategies. As a result RSPs are the preferred citizen sector counterparts for a number of donors whether they are funding directly or through government. As quoted by S.A.H Shah in the IDLO case study, the origins of the term can be traced to the German term Burgerlichegesellschaft essentially meaning bourgeois or civil society, as used by Hegel in the context of a
17
18
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transitional society that could challenge feudalism. Some also associate it with the Latin translation of Aristotle's politike koinonia. The Italian political philosopher, Antonio Gramsci, also articulated his version that civil society contributed to societal cohesion and continuity in an undemocratic state or totalitarian economy but this presupposes civil society as an instrument of the state. 19 Term used for Government or representative of the State, typically the civil administration, public safety, judicial or revenue official at the citizen interface, but often employed for officials of other government departments with authority to impose decisions on the average citizen, such as the irrigation engineer or the social welfare officer or the medico-legal surgeon. This term is now being applied even to military commanders, legislators and local government leaders. A review of pertinent literature on the nature of the State and Civil Society and the nature of their interaction points to the critical role the State retains as a moderator of national development, and indeed has seen a growing need to bring the state back in (Evans et al., 1985). Civil society needs the State to ensure protection and basic social conditions (Hall, 1979) because it is the State which have the autonomy, legitimacy and power to define and implement development goals, and shape society. 20 A quote from Srinati (1995) reflects the GoNGO dynamic in Pakistan, ... Dominant groups in society ... maintain their dominance by securing spontaneous consent of subordinate groups ... through the negotiated construction of a political and ideological consensus...
21 Most good examples of successful government-NGO relations available from the last few decades show that for an NGO to productively associate with Government, it must be able to surmount the barriers thrown up in a high power-distance society. It appears that this has been achieved either by social entrepreneurs like Dr. Akhtar Hameed Khan or Abdul Sattar Edhi, whose ideology was able to resist cooptation until governments themselves became convinced of their utility. Or it has been accomplished by insiders like Shoaib Sultan Khan or Omar Asghar Khan who were able to successfully challenge the status quo without openly confronting the power-elite, and convert others within the system to their vision. Either way, the success of examples like OPP or AKRSP has been in the face of initial government resistance. Other examples like Karachis Citizen-Police Liaison Committee or Family Planning Association of Pakistan further show that NGOs with significant inroads into the countrys power structures political, institutional or regulatory are able to further their agenda even if it goes against governmental or popular sentiment. Excerpted from GoNGO Inception Report, December 2003. 22 23 Aga Khan Development Network 2000; Philanthropy in Pakistan, Islamabad In its classical definition, Civil Society appears as an opposite to the State, because it is an individualistic concept, wherein a collection of individuals pursue their private interests in competition with each other. Hall (1995) argues that this definition of civil society as the self-organization of strong and autonomous groups should be seen in terms of mechanisms whereby State-Society interactions can be balanced. Respect for individual rights, and rule of law are crucial elements in this conception of civil society. Examples include such widely variegated institutions as the Anjuman Himayat-e-Islam, the Family Planning Association of Pakistan, the Edhi Foundation or the All Pakistan Womens Association, etc.
24
25 View emerging from individual interviews and GoNGO stakeholder consultations 26 Gramscis concept of Hegemony imputes supremacy of 1) Economic Domination and 2) Intellectual & Moral Leadership. the opinion-leader or ruling class to:
27 Article 17 of the Constitution of the Islamic Republic of Pakistan reads: (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan [or public order] and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan [or public order], the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section. (3) Every political party shall account for the source of its funds in accordance with law. (4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders. 28 Article 3 of the Constitution of the Islamic Republic of Pakistan reads:
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The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work. 29 Article 4 of the Constitution of the Islamic Republic of Pakistan reads: (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. (2) In particular :(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do. Article 19 of the Constitution of the Islamic Republic of Pakistan reads: 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 the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence. S.A.H Shah. Regulation of Civil Society Organizations: A Pakistan Case Study, International Development Law Organization (IDLO), Rome Impact Strategy. Islamabad Law Review, Volume 2 Putnam (1993) in his seminal work explains good government by illustrating the role of civil society through his much referred to comparison of Italys northern and southern regions. His findings point out that institutions and governments in the north perform better because they exhibit a higher degree of civicness, which Paker (2001) paraphrases as a demonstrably more active participation in public affairs, equal rights and obligations for all, trust among the members and a network of horizontal associations. Social capital in the words of Putnam (1993) comprises features of social organization, such as trust, norms, and networks that can improve the efficiency of society by facilitating coordinated actions. Paker (2001) infers from Putnam that, Such coordinated actions are easier for a community that has inherited a large stock of social capital in the form of norms of reciprocity and networks of civic engagement. Networks of civic engagement make communication easier and improve the flow of information about the trustworthiness of individuals. Putnams analysis grounds a strong civil society in its extent of civicness, which in turn is determined by the quantum of social capital historically derived from a tradition of civic engagement as opposed to that of authoritarian rule. 33 The possibility of mutual empowerment between the state and society can be understood by using Manns typologies of state power (Hall and Ikenberry, 1989; Wang, 1999). Mann differentiates between despotic power of the state and infrastructural power of the state. Despotic power refers to the range of actions that state elites can undertake without negotiating with civil society whereas infrastructural power refers to the institutional capacity of a central state to penetrate its territories and logistically implement decisions (Mann, 1993:59). Hall and Ikenberry argue that a strong state is one which is able to penetrate and organize society rather than a state which is highly despotic (Hall and Ikenberry, 1989: 13). Thus, state strength is measured by its ability to work with other power centres in society ( from Paker, 2001). 34 The Waqf or perpetual endowment for specific cause or philanthropy is a recognized element of un-codified Islamic Law. Provincial Waqf Ordinances 1979 require mandatory registration with provincial Auqaf (plural of Waqf) Departments and conform to rules prescribed for administering such properties. The National Council of Social Welfare (NCSW) has a roster of over 30,000 active local CSIs, while claiming to have catalogued about 100,000 such organizations country-wide since NCSW came into being in 1953. NCSWs 1953 charter adverts to Voluntary Social Welfare Agencies (VSWAs) as citizen sector initiatives that address specific needs of a vulnerable or deprived population through service-delivery interventions or self-help initiatives with or without the active participation of government. However, this indigent-support philanthropic model appears to have become insufficient to encompass the evolving nature of the role of civil society as we see it today. Pakistans permanent civil service, particularly its District Management Group, traces its origins to the Indian Civil Service, whose officers aspire to the district officer tradition that combined executive, judicial and revenue authority in one person. The DMG attracts the countrys brightest to join an elite cadre that is more equal than others in the civil service and enjoys secure, accelerated career tracks, national and international exposure and influence wider than any other professional group in Pakistan.
30
31 32
35 36
37
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38
A number of donors have committed resources towards the creation of the Devolution Trust for Community Empowerment (DTCE) and combine to provide project funding through a variety of interventions, ranging from forming CCBs to strengthening government departments. Robert Putnam, 1993. Making Democracy Work, Princeton University Press, Princeton. The Pakistan Centre for Philanthropy, formed in 2001to promote private philanthropy in the country through developing and implementing good governance benchmarks within the non-profit organizations (NPO) sector, has received Government endorsement through the Poverty Reduction Strategy Paper (PRSP) to administer an NGO certification program. The Asian Development Bank is providing a Technical Assistance (TA4538) to allow PCP to build a government authorized certification program, in tandem with capacity-building support to Government, whereby accredited NPOs will be able to claim tax exceptions, and their donors too will be able to claim tax incentives offered in budgets since 2003. PCPs programs include three key areas, namely i) Philanthropy Support Services, which promote partnerships and showcase best practices for dissemination; (ii) Certification of Non-Profit Organizations, promoting self-regulation to sector-wide standards in organizational and program effectiveness; and (iii) Research, for building understanding about philanthropy through studies and inquiry to serve diverse stakeholders such as policymakers, research and development organizations, media, donors, business leaders, and nonprofit organizations. Details are available at: www.pcp.org.pk
39 40
41
The terms regarding governance as referred to in this document follow Paul Oquists framework and concepts referenced from La gobernabilidad (Instituto de Estudios Nicarageseas_IEN, 1993) in the UNDP-PARAGON Generic Training Manual on Governance, 2003: Governance is the capability and level of ability of a society to set and achieve social objectives... (it) is not about government but about society ... not about authority but about power ... an integrated, holistic concept ... difficult to assimilate in bureaucratic structures ... (and) in theories based on disciplinary reductionism... Governance involves culture (and) institutions that condition behavioral patterns... As a relational concept governance consists of two key interfaces: public/private sector relations and central/local level relations, and the relation between these ... within themselves and between themselves... Public Central Local Good governance ... is relative, it depends on our values ... of stability, predictability, efficacy, efficiency, effectiveness and the rule of law with justice. It also ensures transparency and accountability. Private
42 43 44 45 46 47 48 49
Milton J. Esman and Norman Uphoff, 1984. Local organizations: Intermediaries in Rural Development, Ithaca: Cornell University Gender Reform Program: A Gender Review of Political & Administrative Systems in Pakistan, April 2004, Ministry of Women Development, Social Welfare & Special Education, Islamabad. Interview, Dr. R.R. Faruqui, ADBs Senior Policy Advisor to the Ministry for Food and Agriculture, Government of Pakistan, Islamabad, November 2004. Examples include civil officers on deputation to Pakistan Centre for Philanthropy (PCP), or Family Planning Association of Pakistan (FPAP) Examples include civil officers attending the fellowship programme of Leadership for Environment and Development (LEAD) or the Watson Institute at Brown University etc. Familiar examples of well-known civil servants resocializing into CSI leadership roles include the late Dr. Akhtar Hameed Khan, Mr. S.M. Masood (Khadarposh), Mr. Shoaib Sultan Khan and Mr. Tasneem Siddiqui. Each has had a distinct impact on government relations with civil society, ranging from rebel insider to sympathetic outsider. Paul Oquist, PARAGON-UNDP Generic Governance Training Manual, 2003 Term from Game Theory wherein two or more competitors identify greater advantage in cooperating for a less than perfect outcome, rather than playing to win, so as to eliminate the negative aspects of losing.
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50 Including ADBs Technical Assistance #4538, that addresses self-regulation by non-governmental organizations with particular reference to governance structures, procedures for transparent accountability, public disclosure and access to information, and financial integrity. 51 Social capital in the words of Putnam (1993) comprises features of social organization, such as trust, norms, and networks that can improve the efficiency of society by facilitating coordinated actions. Paker (2001) infers from Putnam that, Such coordinated actions are easier for a community that has inherited a large stock of social capital in the form of norms of reciprocity and networks of civic engagement. Networks of civic engagement make communication easier and improve the flow of information about the trustworthiness of individuals. Putnams analysis grounds a strong civil society in its extent of civicness, which in turn is determined by the quantum of social capital historically derived from a tradition of civic engagement as opposed to that of authoritarian rule. 52 53 54 WIIFM is the acronym for Whats In It For Me All is well in Urdu implying the Governments desire to convey a general sense of control, and the officials message to his or her superiors that it is. An initiative in this regard has been launched by the ministry of Social Welfare & Special Education
*55 asterix marks ex-officio members of the provincial council while the rest will be nominated by the Chairman based on their social stature. **56 The Chief Executive Officer would be the executive head of the Council and would be appointed by the Chairman for a tenure of three years.
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INSTITUTIONAL STRENGTHENING
PTION REPORT
Submitted by: Semiotics Consultants (Pvt) Limited Flat 6-7, 2nd Floor, Block-13, Pearl Centre, Ph: 0092-51-227 1248, 287 7266 Fax: 0092-51-227 1606 E-mail: semiotic@isb.comsats.net.pk www.semiotics.com.pk
PROJECT OFFICE TA 3618 INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION National Council of Social Welfare Ministry of Social Welfare & Special Education st 1 Floor, Rizwan Plaza, Blue Area, Islamabad Phone/Fax: 051-920 5181 Email: gongo@isd.wol.net.pk

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Technical Assistance Consultants Report

Project Number: 33080 November 2005

Islamic Republic of Pakistan: Institutional Strengthening for Government-NGO Cooperation

INSTITUTIONAL STRENGTHENING OF GOVERNMENTNGO COOPERATION

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

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GoNGO Project Report

1.3 Key Action Points

Action: Inclusive institutionalized national debate mechanism c

Action: Adequately resourced strategic re-structuring of NCSW

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

GoNGO relationships as they are beyond known issues

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

Historical & Political Context of GoNGO in Pakistan

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

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GoNGO Project Report

Public benefit organizations

Mutual benefit organizations

Companies Ordinance, 1984 45 442 15 7 509

Total 33168 16891 3033 3127 56219

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

* Emphasis reflects most prevalent NGO registration vehicles

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

GoNGO for Leveraging Social Development

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

Sustainable Development & GoNGO Engagement

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report

INSTITUTIONAL STRENGTHENING OF GOVERNMENT-NGO COOPERATION

ADB TA 3618 PAK

GoNGO Project Report