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National Consultant

Job Category:
Consultants
Career Level:
Job Type:
Full Time
Positions:
1
Agency / Project:
UNDP
City/Location:
Islamabad
Country:
Pakistan
Posted On:
06 May, 2010
Last Date to apply:
22 May, 2010
Experience in years
2 to 4
Experience:

At least 10 to 15 years of experience. Demonstrated knowledge of public sector. Exposure to the working of, both, federal and provincial systems/set-ups. Knowledge of resource allocation systems (Human and financial) within the government. Knowledge of Constitution making/reforms in Pakistan is preferred.

Description:
 

Background

Pakistan’s parliament has passed the 18th Amendment’s that, among other changes, gives the provincial governments greater autonomy under the constitution by abolishing the concurrent list and other related provisions. The full impact of the amendment’s many changes has yet to be fully analyzed and deliberated by key stakeholders.

As reported by the Parliamentary committees for constitutional reform, the genesis of the reform came from the demands of amendments in the Constitution that were raised by all political forces from time to time. In particular, it was stressed that there was a need for giving the Provinces autonomy, ensuring an independent and impartial Judiciary and sharing of resources between Provinces and the Federation.

The original scheme of legislative lists was as follows:

 Federal Legislative List
– Identifies areas/subjects where Parliament has exclusive right to legislate
  Concurrent Legislative List
– Identifies areas/subjects where Parliament and Provincial Assemblies both have right to legislate
– Residual powers were with the provincial assemblies

According to the revised scheme, the distribution is as follows:
 Federal Legislative List
– Some new insertions have been made in Federal Legislative List
 Concurrent Legislative List
– Doesn’t exist any more
– Parliament’s right to legislate is now onwards restricted to Federal Legislative List 

The 18th amendment eliminates the “Concurrent List,” i.e. the enumeration of areas where both federal and provincial governments may legislate but federal law prevails. Laws governing marriage, contracts, firearms possession, labor, educational curriculums, environmental pollution, bankruptcy, and in 40 other diverse areas the provinces would have exclusive jurisdiction and each provincial assembly will be responsible for drafting its own laws on the issues. The 18th constitutional Amendment potentially impacts the mandate of several Federal Ministries and by implication increases the roles and responsibilities of the related institutions and administrative structures at the provincial level. Thus the federal government needs to immediately transfer the responsibility and resources to the provinces for the provincial governments to assume effective responsibility and authority in these areas by June 30, 2011.

Another important but under-reported change now specifies that future National Finance Commission agreements—which set the distribution of national revenues between the central government and the provinces—cannot reduce the provinces’ share beyond that given in the previous agreement (Article 160). Provincial governments also now have greater authority to raise domestic and international loans and give guarantees on the security of Provincial Consolidated Fund.
 
Rationale:

Provisions in the 18th Amendment for increased provincial autonomy by abolishing the concurrent list and associated provisions are likely to have a major bearing on governance and policy making at the federal and provincial levels. Abolition of concurrent list would in particular pose a formidable challenge to the capacity of the provincial governments, especially the smaller ones, to take over the legislative, policy making and regulatory responsibilities previously performed by the federal government. The new arrangements would require institutional, financial and capacity alignment of provincial departments as well as influence terms of engagement of international partners with the federal and provincial governments. As all stakeholders prepare for the transition envisaged for 30 June 2011, an informed discussion among key government, international development partners and other stakeholder is of utmost importance and already contemplated. This discussion paper will be developed as an input to inform the discussions on this transition vis a vis distribution of subjects in part I and part II of the federal legislative list and the abolishment of the concurrent legislative list.

Duties and Responsibilities

The focus of the current assignment is to analyze the implications of the abolition of the concurrent list under the18th Amendment on federal, provincial and sub-provincial governance and to identify possible areas of assistance to implement the new arrangements. The expert will undertake an analysis of the legal, administrative, financial and capacity implications of the changes in the legislative scheme (i.e. federal and hitherto, abolished concurrent legislative lists). The following tasks will be completed by the expert in preparation of the analysis: 

a. Describe the institutional mapping as per the original legislative scheme. Give a brief overview of the subjects now in the exclusive jurisdiction of the provinces, with particular focus on the additionality resulting from the abolition of the federal role;
b. Identify key legislative, policy making, regulatory and enforcement responsibilities and functions to be reallocated between federal and provincial governments;
c. Develop the institutional mapping as per the revised legislative scheme
d. Undertake a review of the provincial and sub-provincial  capacities and identify potential gaps in terms of institutional, human and financial requirements;
e. Suggest a broad roadmap towards an efficient building of the requisite capacities, with indicative resource transfer from the federation to the provinces (including provincialization of the personnel etc.)
f. Interactive sessions including presentation to Donors and provincial stakeholders.

The expert will also engage with key stakeholders including key provincial policy makers based on the analysis conducted to generate an informed discussion on strategies in the run-up to 30 June 2011.

Key Deliverables:

1. An analysis of the legal, administrative and financial  implications presented as a Discussion paper, with:
1.1. An analysis of the concurrent and federal legislative lists pre  and post 18 amendment
1.2. An analysis of provincial capacities, existing and additional, in  meeting the new functions and responsibilities
1.3. A broad roadmap towards an efficient building of the requisite  capacities, with indicative resource transfer from  the federation to  the provinces
1.4 Analysis and recommendations of new arrangements of  working  between international partners and the provincial  governments
2.  Interactive Sessions with key stakeholders to present the  finding of the discussion paper.
2.1 Compilation of the proceedings of the interactive sessions

3. Final report based on sessions with the stakeholders


The consultant will report to Assistant Country Director, Governance. The consultant would be hired for 60 days with the following division of time :

a) Background work and writing of the Discussion paper: 15 days
b) Interactive sessions with relevant stakeholders: 12 days spread over 45 days.

Payment Schedule:

1. Submission of workplan-15%
2. Submission of draft discussion paper as per (1.1 to 1.4)-15%
3. Approval of Final discussion paper as per (1.1 to 1.4) -20%
4. 6 interactive sessions with relevant stakeholders conducted-15%
5. Submission of draft report-15%
6. Upon approval of final report-20%

In-country travel will be required to complete the assignment.


Education
Must Degree Degree Level Country Description
YesMasters DegreeeMasters DegreeMinimum of Masters Degree or equivalent in Management, Public Administration, Public Policy or related field.

Skills
Must Title Level Description
YesResearch & Report Writing Excellent  Excellent writing and communication/presentation skills