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CWS Experience in engaging with the State on Policy Matters:Panchayati Raj Initiatives

Kalamani, Jt. Executive Director, CWS
kalamani@cwsy.org


Background
CWS Panchayati Raj Initiatives programme aims at strengthening the Panchayati Raj Institutions (PRIs) particularly the Gram Panchayats towards effective democratic decentralization and good governance for efficient and equitable service delivery to all citizens and especially the marginalized communities.
 
The programme initially focused on the capacity building of the elected representatives particularly the women, dalits, tribals and minorities and creating awareness among the entire community for ensuring the effective functioning of the Gram Sabha and Gram Panchayat. The grassroots experience of the PR programme indicated the following:
 
In this background it was felt that mere capacity building of the elected representatives without shaking up the institution/system itself is a futile exercise. The devolution of powers to PRIs is obviously related to the political will of the State, and thus began our advocacy efforts with the government and concerned authorities.



Identified Issues for Advocacy
 
The following two issues were primarily identified for advocacy with the State: 

Process of Advocacy
 
Our advocacy for strengthening the PRIs is a two way process. On the one hand the elected leadership at the local levels particularly the women and marginalized have to be supported and sensitized on the need for democratic decentralization and on the other hand the local bureaucracy and higher level political and administrative machinery has to be pushed into providing an enabling environment for democratic decentralization envisaged in the Constitution.

The process of advocacy began with the partner NGOs of the PR programme of CWS promoting networks of elected representatives, especially networks of women and dalits at mandal and Legislative Assembly Constituency (LAC) levels. These networks were strengthened and provided necessary inputs to take up number of issues at the local level. Since the major issues for advocacy require action from the state government, two state level networks one for the plain areas and the other for PESA, were formed with the main purpose of lobbying with the State.

 
The CWS team along with the NGO partners and networks of elected representatives used the following mechanisms for the advocacy:  


Achievements of the advocacy efforts   

Experiences, Constraints and Challenges

 
Devolution is not an easy process; holding tightly to power and centralization is a dominant tendency in power politics. The major constraint is the political will. The advocacy efforts under the PR programme thus focused on building pressure on the government through various strategies. The present Government before coming to power promised devolution of powers to the PRIs as soon as they came to power. The CWS PR team, partner NGOs and the elected representatives met the Chief Minister immediately after his assuming the office (July 2004) and submitted a memorandum for the devolution of powers to the PRIs.
 
CWS also established collaboration and expressed solidarity to the Andhra Pradesh Sarpanches Forum which approached the government to keep up its promise of devolutions. The government, buying time advised the state leaders to form into teams and tour all major states to study the devolution process. On the advice of the government, the representatives toured different states and made a report and submitted to the government on which till today there is no response. This is the routine response of any government after it comes to power. Decentralized governance is not on the priority action points of the political parties once they come to power.
 
Continuing its advocacy efforts, CWS promoted a State Level PR Elected Leaders Forum and in a meeting at Hyderabad in December 2005 drafted a charter of demands; the office bearers collectively met the Minister for PR, and presented the demands.
 
While on one hand the demand is on for more powers, the state government took back the cheque power of the Sarpanches, which annoyed them to no end. The AP Sarpanches Association organized a big dharna gathering of about 6000 elected representatives at Hyderabad for the restoration of their cheque power. CWS expressed solidarity and the partner NGOs mobilized the elected representatives for the event. Sarpanches submitted a charter of demands including devolution of powers. The government gave back their cheque power but postponed the issue of devolution. This was the negative trade-off.
 
The PR team of CWS was in constant touch with the Minister of PR, GOI, and the Central PR officials to ensure their presence at the National Workshop of CWS. The state PR leaders and the CWS in their interactions with the Ministry had time and again expressed concern on the status of PRIs in AP. The Ministry of PR, GOI began to put pressure on the various State governments to implement the 73rd Constitutional Amendment and as part of the process, the Central Minister visited these states and signed MOUs with the respective State governments. In April 2006, when the GOI Minster visited AP to sign an MOU along with Chief Minister of AP to devolve powers under ten subjects to the PRIs, CWS was informed and the PR team accompanied him on the tour and participated in the meetings along with a few partner NGOs. In this regard APARD, the state level training institute for the PRIs, did Activity Mapping for 10 subjects involving the concerned department officials, the elected representatives and the NGO representatives in which CWS actively participated.

 

Now, after more than a year after the MOU was signed it is learnt that the process of drafting GOs for devolution is still going on. It seems this Government will finally implement the promised devolution a few months before election due in 2009. The real motive is to get power, not hand over the power to the PRIs and the people.
 
 
The strategy change being contemplated by CWS is to take the elected representatives into confidence and provide inputs for practicing decentralization. Some times the local NGOs trying to popularize the virtue of decentralization are seen as adversarial to the established power centers in the village. So they are trying to take the benefits of the idea of decentralization to the people at ward level. This is the ground level advocacy of our partners.
 
In this endeavor we are still to make much breakthrough, as there is lot of resistance from different quarters to the idea of decentralized order. This new order demands transparency, accountability and responsibility of the elected representatives and the people. Advocacy here is also marred by less equipped trainers at the grassroots. Conviction of the grassroots NGO worker has to be established to take up this activity. It is also equally important to build groups of votaries of decentralization among the electorate also.
 
      With regard to PESA, CWS in collaboration with likeminded CSOs organized a major state level campaign involving about 1100 tribal elected representatives on the 9 June 2005 for the framing of rules and implementation of PESA in its true spirit. The Minister for PR, GOAP and the officials of tribal and PR departments were the chief guests on the occasion. The Minister asked a smaller committee to meet him to discuss further on the issue. Then one meeting was called by the Department of PR for which CWS was invited to discuss the future strategy. Subsequently, the PR team made number of visits to the Principal Secretaries and other officials of tribal and PR departments to follow up the matter. The Departments were throwing the ball in each other’s court shying away from responsibility. Later there was pressure from the GOI, and it is now learnt that the tribal department has taken initiative and the draft rules are being formulated, with the respective departments providing their feedback. This involves amendment of various other related Acts and so is definitely a slow process. Now the immediate plan of CWS is to undertake a research study to critically look into all the different Acts relevant in the governance of the PESA area and suggest rules/guidelines for implementing PESA in its true spirit and challenge any legal obstacles that might arise and then simultaneously take up advocacy and lobbying with the grassroots experience.

 

 Conditions Necessary for Advocacy
 
 To make the dialogue effective with the State to bring in any policy change, the following are required:
 



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