Devolution A Shaky Step For Pakistan Mustafa Qadri

Security forces in Baluchistan, a restive province bordering Iran and Afghanistan where most of Pakistan's mineral wealth lies, continue a brutal war against the indigenous Baluchi population with total impunity. The civilian government in Islamabad has taken steps to redress the poverty and abuses faced by Baluchis but this will count for little so long as the military acts with a heavy, hidden hand.

Democratic politics is often unpredictable. In Pakistan, it tends to be a rollercoaster, regardless of whether an elected government is in power. Despite these tendencies, not to mention a universally loathed President, unabated war against the Taliban, a stagnant economy and severe energy shortages, a broad coalition of Pakistani politicians has, to rephrase Prime Minister Yusuf Raza Gilani, just made the "impossible" possible.

Gilani was referring to a package of constitutional reforms, known as the 18th Amendment, that essentially aim to devolve power away from the president and federal government. Having passed through the National Assembly, the 18th Amendment is expected to be ratified by the Senate shortly.

Lawmakers from a wide collection of government and opposition parties reached agreement on about 100 separate changes to the constitution. This is a significant achievement in a country where political allegiances are complicated and ever-changing.

The most important reform is the removal of the president's power to dissolve the national and provincial assemblies and appoint military chiefs and provincial governors. These powers have enabled past presidents to dismiss civilian governments, with tacit support from Pakistan's military establishment. Even Asif Ali Zardari, the present President but no friend of the army, has done his best to avoid relinquishing these powers, only to acquiesce in the face of hostile public and parliamentary opposition.

The journey to this point in Pakistan's history has not been simple or easy. Along with the restoration of a genuinely independent apex judiciary last year, the move towards more accountable government enshrined in the 18th Amendment has required extensive, often heated dialogue among political opponents and allies alike.

Ever since the judicial crisis of March 2007 saw the removal and eventual reinstatement of Pakistan's most senior judge, the popular tide against highly centralised, unaccountable power has been politically irresistible. The 18th Amendment reflects this in large measure. Would-be dictators will no longer be able to validate martial law through the courts, as has occurred on numerous times before. Nor will the president alone be allowed to appoint the country's most senior judges. He or she will now have to consult a panel of senior jurists. The size of federal and state cabinets has also been capped, a change calculated to stymie the cronyism that sees cabinet appointments gifted to political allies, who play little or no part in executive decision-making.

Another welcome reform is the devolution of power to the provinces as they will have greater autonomy on several different policy areas, including education and finance. In the same vein, the North West Frontier Province will now be known as Khyber Pakhtunkhwa, in reference to its majority Pakhtun population. But the region's main indigenous minority has violently opposed the name change. And given its bureaucratic costs are estimated to be 8 billion rupees ($103m), this particular amendment is of questionable value.

There are other, more significant problems with the 18th Amendment. It does nothing to roll back the aggressive Islamisation of the constitution commenced under Islamist pressure since 1973. Pakistan's constitution effectively turns women and non-Muslims into second-class citizens, including members of the Ahmaddiya sect of Islam, who are branded apostate. The 18th Amendment's inability to address this is a major oversight that suggests Islamist chauvinism remains a threat. So does the extremism that lives off marginalised frontier tribal communities that remain excluded from constitutional protections.

Then there are matters that no constitutional reforms can ever address. The Pakistan army remains entirely beyond civilian oversight at a time when the US, its main patron, has increased military aid and links. Security forces in Baluchistan, a restive province bordering Iran and Afghanistan where most of Pakistan's mineral wealth lies, continue a brutal war against the indigenous Baluchi population with total impunity. The civilian government in Islamabad has taken steps to redress the poverty and abuses faced by Baluchis but this will count for little so long as the military acts with a heavy, hidden hand.

Although Zardari is on the verge of being turned into a figurehead, as co-chair of the Pakistan Peoples Party, he retains effective control of the coalition government it dominates.

Be that as it may, history will record Zardari as the first president in Pakistan's history to voluntarily curtail his constitutional powers. That represents a signal shift away from Pakistan's long history of authoritarianism. Pakistan's uncertain political saga will continue and, as PPP veteran Raza Rabbani noted recently, Pakistanis cannot expect constitutional reform to lead to greater freedoms and accountability "until we have the will to implement it". But a major milestone on the journey to genuine democracy has been reached.

Mustafa Qadri is a journalist based in Pakistan