An Open Letter to the Prime Minister by concerned Academics and Citizens on the subjugation of HEC by the Federal Government and the unlawful removal of Dr. Tariq Banuri

Dear Prime Minister Imran Khan,

We are a group of senior academics, civil society representatives, and concerned citizens. We are writing to draw your attention to the crisis of governance triggered by the unfortunate decision to remove the Chairman HEC from his statutory position and subjugating the HEC under the Ministry of Education through hastily promulgated ordinances. We hope that your passion to serve the poor and vulnerable and to help Pakistan stand on its own two feet will cause you to reverse this decision.

We have several concerns about this decision.

First, as you are kindly aware, the position of Chairman HEC, like all regulatory positions, is protected by statute. The decision to dismantle this protection without any justification or exigency will send a signal to all future occupants of statutory positions that the commitment of the government of Pakistan has no worth. This will greatly undermine the quality of governance in the country.

Second, the reduction of the term of the chairperson from four years to two years is a major strategic decision, which should have been taken on the basis of evidence as well as due deliberation in a responsible forum. The federal government has thus far provided no grounds for this reduction either in the cabinet papers or elsewhere. There is no publicly available research or analysis that suggests that shorter tenures for higher education regulators are more effective in serving the youth of a country. On the contrary, two years is too short a time for someone even to come to grips with the complexities of the Pakistani system of higher education let alone provide effective leadership for change.

Third, be that as it may, if the federal government felt that a decision of such magnitude was warranted, it ought to have tabled the motion, along with the justification and the supportive evidence, in the parliament so that it could be subjected to due scrutiny and proper public debate. Adopting the subterfuge of an ordinance is hardly appropriate.

Fourth, the unilateral and un-consultative action is inconsistent with the status of the HEC as a national regulatory body rather than a subordinate organ of the federal government. It has representation from the federal as well as provincial governments, and has succeeded in establishing a collaborative working relationship across all governments, federal as well as provincial, consistent with the dictates of the 18th Amendment. This success was validated recently at the CCI meeting on 7 April 2021, which unanimously recognized HEC as the sole regulatory authority for higher education in Pakistan. The enactment of the HEC Amendment Ordinance 2021 will inevitably be perceived as an attempt by the federal government to reassert control over the HEC, and therefore as unconstitutional and confrontational. All major decisions pertaining to such national institutions ought to have gone through proper deliberation by and approval of the Council of Common Interests  (CCI).

Fifth, the HEC Ordinance 2002 established the 18-member Higher Education Commission as the supreme national body to deliberate upon and decide all matters pertaining to higher education. If the federal government felt that a structural change was needed in the terms or mandate of the institution, it should have initiated a discussion with the Commission prior to proposing any amendments. 

Sixth, we noticed your statement in the khuli kachery on 4th April that you wished to replace someone appointed by another government with your own nominee. That may well be the case, but the legally proper option would have been either to wait for the end of the tenure of the current incumbent, or to initiate proceedings under Section 6, sub-section 6, of the HEC Ordinance in case there were proven charges of corruption, inefficiency, physical disability, or failure to attend two consecutive meetings without intimation in advance. The use of an ad-hoc measure to circumvent legal safeguards is a disservice to the country as well as the government.

It is also pertinent to mention that Dr. Banuri, a Harvard trained economist, was appointed on the recommendation of an independent selection board, composed solely of professionals, with no representation from the then ruling party. 

Seventh, while we wish to refrain from commenting on the set of concerns emerging in the media about the unstated reasons for the decision, we do wish to place on record our discomfort with actions that undermine accountability, transparency, and the pursuit of quality.

Finally, the fundamental issue underlying all this discussion is how to enable our younger generation to realize its potential nationally as well as in the fraternity of nations. Unfortunately, this had been neglected for a very long time, as the quality of education as well as research had continued to deteriorate despite the investment of public resources. Under the current chairman, HEC had belatedly set about addressing these issues and moving towards greater efficiency and transparency. The ideal response would have been to support these efforts in addition to enhancing university funding. Instead, the incumbent chairman of the HEC seems to have been removed principally because he opposes the award of grants without adequate due diligence.

Mr. Prime Minister, you have frequently spoken about an education emergency in Pakistan. A strong and independent HEC is needed precisely to address this emergency and nurture and build university autonomy. However, cutting short the tenure of the HEC Chair, transforming HEC's national character into a federal one, and short-changing its accountability function by making it subject to political expediency, entails the risk of undermining the much-needed commitment to young Pakistanis, to countering wasteful expenditure of public money, and to helping Pakistan grow strong and independent.

We want to communicate to you the grave disappointment that this action has caused among the academic community and civil society, and urge you to rescind the Higher Education Commission (Amendment) Ordinance 2021 as well as the notification of the removal of the Chairman HEC, and all other actions that have
followed from it.

We would also like to take this opportunity to request you to ensure that the funding for HEC is restored to the levels needed to bring about the requisite improvements in the quality of education and research in the country.

 

Sincerely,

Sponsors and Signatories of the Petition

Mr. Syed Babar Ali, Former Pro-Chancellor LUMS
Mr. Shamsh Kassim-Lakha, Former Minister of Education and Science & Technology; Former President Aga Khan University
Ms. Shahnaz Wazir Ali, President SZABIST, former MNA PPP and Special  Assistant to the Prime Minister
Dr. Qibla Ayaz, Chairman, Council of Islamic Ideology
Senator (R) Javed Jabbar, Former Federal Minister, & Chairman Social Policy & Development Centre
Ms. Hina Jilani, Advocate Supreme Court of Pakistan
Prof. Qasim Jan, Former Vice Chancellor, Peshawar University and QAU; President Pakistan Academy of Sciences
Ms. Khawar Mumtaz, Former Chairperson, National Commission on the Status of Women
Prof. Adil Najam, Dean, Pardee School, Boston University; Former Vice Chancellor, LUMS
Senator (R) Farhat Ullah Babar, Former Senator
Prof. Salima Hashmi, Professor Emeritus, Beaconhouse National University & former Principal National College of Arts

+ 140 other concerned academics and civil society leaders across the world.

WE APPEAL to ALL CONCERNED PAKISTANIS to sign this petition with their names and titles to show their support for this very important cause for the future of Pakistan.