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Reforms in urban governance are long overdue, and the cities are croaking under the weight of their neglect. But the National Urban Reforms Mission may be too much medicine, bypassing citizen input and consultation in a hasty drive for change. Vinay Baindur reports.
05 September 2005 - Considering the increasing urban angst, complaints against services, hobbled local governments, land and money scams, corruption et al., the history of efforts to tackle these problems has been a tale of repeated false starts. Consider the facts from recent years alone: In Sept 2001, the Central Ministry of Urban Development launched the Good Urban Governance Campaign in partnership with the United Nations Development Programme and the United Nations Centre for Human Settlements; this was supported by the Urban Management Programme and The Urban Governance Initiative. Subsequently the GUGC became overshadowed by other urban schemes, and disappeared soon after without a trace. Similarly, throughout the tenure of the NDA government, a National Urban Transport Policy, a National Slum Policy, and a National Hawkers Policy were drafted, but these were never finalised and implemented. Now, the UPA government is leading a new charge on the old problems; last year the Centre accepted an increased disbursement of credit and grants for urban issues from the World Bank group, based on its Country Assistance Strategy 2004-07. The WB group board approved this CAS in Sept 2004. Now, almost a year later, a new more comprehensive but highly debatable urban reforms agenda has been cobbled together. Like many previous efforts, this one too suffers from a poor understanding of the nature of the problems: considering that so many of the issues involved have to do with local governments and citizens' expectations of these, there has oddly been little public or civil society consultation in drafting the plans. Instead, there has been very frenetic lobbying by the private sector, especially from international and domestic real estate consultancies, financial institutions, industry confederations, etc. A predictable - and highly undesirable - consequence of these selective inputs is that the convergent interests of these players have been turned into conditionalities within the urban reforms agenda. The proposed reforms agenda will create increased demand for the privatisation of crucial municipal services e.g. by urging States to adopt the Model Municipal law (MML), and by amending their own Corporations and Municipalities Acts. It is claimed that the Model Municipal Law will enable urban local bodies to play their roles more effectively and efficiently. The MML includes specific provisions on financial management of municipalities, municipal revenue, urban environmental infrastructure and services and regulatory jurisdiction. It is based on a set of policy postulates developed by the Times Research Foundation, Kolkata with funding from FIRE-D, New Delhi (a USAID-funded effort engaged with creating debt markets for urban water and sanitation projects). In line with the conditionalities, the World Bank and the Asian Development Bank, along with the State governments, are initiating a plethora of urban development projects, such as the following:
Looming ahead on the horizons of all these individual efforts is the National Urban Renewal Mission. With its sweeping scope, NURM will certainly impact many of these schemes in a big way; thus it is important to understand this mission, and its implications for the abundant ongoing schemes around the nation. Will NURM curb the exclusivist tendencies of the individual programs and bring in more citizen participation, or will it worsen the already poor record of these programs on civic engagement? The National Common Minimum Programme (NCMP) adopted by the UPA govt in May 2004 included a single paragraph on urban issues, which states the intention of the government to launch the National Urban Renewal Mission. This has now crept up on us in a rather nebulous shape, catching many citizens of urban India unaware of the myriad nature and implications of this mission for our cities. The broad agenda of the NURM is purported to be to strengthen democratic governance structures and decentralisation in urban local government, though it has still not been clearly articulated by the Ministry of Urban Development or the Ministry of Urban Employment and Poverty Alleviation how this mission will be implemented to meet this objective. Some of the directions for these ministries are, however, now known. The Mid-Term Appraisal (MTA) of the 10th Five Year Plan was discussed by the group of Ministers who accepted it in July 2005; according to the MTA, the ministries will go about implementing the urban reforms agenda in the following manner:
The National Urban Renewal Mission NURM is to be a reforms-driven, fast-track, planned development of identified cities with focus on efficiency in urban infrastructure and services delivery, community participation, and accountability of local governments towards citizens. The following broad framework is proposed for the Mission:
For about 5000 other (non NURM) small and medium sized towns the Urban Infrastructure Development Scheme (UIDSSMT) is to be the main driver; for this scheme funding will be in a tripartite pattern based on infrastructure needs. These towns will be required to implement the following urban reforms, by making eligibility for funding conditional on such changes.
A number of these proposals are to ensure functional autonomy for local bodies as much as possible. This focus is one that is needed, and surprisingly so. The State governments have for a long time argued that New Delhi does not sufficiently share its resources with them, and thus corners too much power for itself by controlling the purse strings. But this is the same complaint that panchayats and municipalities have made against the State governments for a long time! Most state governments have shied away from implementing several provisions of the Constitution (Seventy Fourth) Amendment Act, 1992, which envisaged a decentralised governance structure at the local level. In Kerala, for example, a panchayat is now arguing before the Supreme Court that it should have the right to regulate water use in its jurisdiction, an argument that would be unnecessary if true devolution had been in place. The important topic of urban governance is subsumed by the chapter on Urban Infrastructure in the MTA of the 10th five year plan which the Planning Commission released in June 2005. The section on NURM does acknowledge "that community involvement leads to effective implementation of projects, to better designing and reduction of operational costs". The tenth plan has acknowledged that there is a pressing need for capacity building of municipalities through training of elected and appointed officials and by restructuring of ULBs for efficient management of civic services. And towards this end a lot of funds are annually sanctioned to states governments but over 50% of these funds still lapse unused. Public services, minus the public The most tangible impact of the activities to be initiated with funding from the NURM for the urban citizens will be in the form of City Development (Strategic) Plans, to be prepared by local governments in urban areas that are to be NURM-compliant. The development of these CDSPs has begun almost silently, and there is yet to be any public information, awareness or consultation regarding the plans or their preparation process. According to the NURM guidelines these have to be prepared after conducting a wide stakeholder consultation process, and to be preceded by the identification of a planned urban perspective framework for a period of 20-25 years. This CDSP in the case of Bangalore and other cities is meant to integrate land use with services, urban transport and environment management. Based on eligibility and the funding pattern, the Bangalore Mahanagara Palike is likely to be eligible for about Rs.500 to Rs.1,000 crores in 2005-2006. Unfortunately, without official public hearings, proposals are being finalised in the application format. The Metro rail project too - according to the Union budget this year - would be supported under the NURM funding by the central government. The Central government is setting conditionalities and state governments so that NURM cities would have to undertake all the mandatory reforms within the prescribed time frame, with the "freedom" to opt for any five other items listed as optional (see box). The state governments and the identified cities would then have to execute Memoranda of Agreement with the Government of India and ensure that such reforms are actually undertaken. The tripartite MOAs would be submitted along with Detailed Project Reports. If state governments are now making proposals under NURM terms, then it is assumed that they have accepted some of these reforms, since that is one of the conditions. But which ones? Without public consultation or disclosure, there is no way to tell.
It appears that through NURM the Centre is now creating an environment where it can direct the administration of big and small cities in a way that it could not do through the 74th Amendment, which was interpreted by each state based on its own policies and reflects a broad diversity of thinking on this issue. It is true that cities do need substantial investment in infrastructure to improve urban quality of life indicators for its citizens. Nonetheless, linking reforms by the States and ULGs to funding grants and loans is a highly coercive route being adopted in total contradiction to the "subsidiarity principle", proposed by a consultation paper of the NAC. The conformity acts of all states already encourage preparation of an annual development plan that encompasses all aspects including water supply, sanitation, drainage, sewerage and urban transport. Metropolitan planning committees are also to be formed now in at least 35-40 cities that have more than a million residents. These committees would prepare draft development plans for the entire metropolitan areas, integrating annual panchayat and urban plans. Not much mention of all this is made, while an entirely new plan process (CDSP) is being initiated that would take up virtually the same tasks. An incentive-based reforms agenda is a risky one, because its failure would represent not only lack of development to fulfil the needs of citizens, but also a foreseeable failure of governance, in not adequately including citizen inputs. For better or worse, NURM will change the way that our water supply systems, urban transport, roads, culverts, drains and bridges are built, the way slums are developed, etc. but without watchful input from citizens, the principle of incentivising change might collapse under its one big contradiction - the creation of public services and spaces without consulting the people. ⊕
Vinay Baindur
Vinay Baindur has been Programme Coordinator for CIVIC Bangalore for the last eight years.
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