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Dawn Columns 15 April 2023


Editorial
The Sepra plan
Editorial Published April 15, 2023 Updated about an hour ago

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IN a major policy decision, the Sindh cabinet has approved a draft law for the
creation of the first provincial electric power regulatory authority — or the
provincial equivalent of Nepra. The establishment of the proposed ‘Sindh
Electric Power Regulatory Authority’ is billed to change the dynamics of
power-sector governance in the country and eliminate Nepra’s role in the
development of generation projects and tariff determination in the province.
It will also allow the Sindh government to encourage the use of the cheaper
local resource of Thar coal for power generation and to exploit its renewable
and cleaner energy potential of wind and solar for producing affordable
electricity. Sepra’s creation, provincial ministers say, will “improve energy
equity and eliminate energy poverty” in Sindh, besides ending its
dependence on the centre for determining tariffs for future generation
projects in the province.

Sindh’s decision to have its own electric power regulatory body is driven by
Nepra’s incompetence. But the immediate stimulus has apparently come from
Nepra’s decision to exclude cost-effective generation projects, including wind and
solar power, from the NTDC’s Indicative Generation Capacity Expansion Plan, 2022,
in order to make room for expensive hydropower schemes in KP and elsewhere in
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the country. The provincial authorities had raised concern over the controversial
Nepra decision at that time but the national regulator perhaps did not have the
will or competence to fulfil its responsibility of rejecting expensive projects. No
wonder Sindh’s energy minister told journalists after the cabinet’s approval of the
proposed Sepra bill that the province was facing certain constraints in encouraging
cheaper electricity and ending power shortages in the province within the national
framework. Hence the province’s decision to take regulatory control of future
power production, tariff determination, transmission and distribution projects into
its own hands. Ideally, regulatory functions should be centralised at the national
level. But when national bodies fail to function in the interest of all stakeholders,
they lose their legitimacy.

Published in Dawn, April 15th, 2023

LATESTPAKISTANOPINIONBUSINESS

TTP hot pursuit


Editorial Published April 15, 2023 Updated about an hour ago

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ARMY chief Gen Asim Munir’s observation at yesterday’s in camera session of


the National Assembly that the negotiation process with the TTP — launched
under the PTI administration — had helped the banned organisation regroup
was not new. Similar views had been voiced last week when the civilian and
military leadership, during a meeting of the National Security Committee,
linked recent acts of terrorism to a “soft corner” for and “thoughtless policy”
towards the militant group. A comprehensive manner of tackling terrorism
was once again emphasised. However, although there are a number of

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options when it comes to dealing with terrorist groups within Pakistani


territory, one aspect that needs clarity is: what are Pakistan’s options when
the militants have a safe haven in Afghanistan and can plan and launch their
attacks from there? The choices, it seems, are limited, which is perhaps why
Defence Minister Khawaja Asif, while talking to Voice of America recently,
referred to the possibility of going inside Afghanistan to target the group.

This would not be an advisable course. Despite the Afghan Taliban’s intransigence
and lethargy in cracking down on their ideological comrades, it would be unwise of
Pakistan to unilaterally cross over into a sovereign nation to strike at the terrorists.
Violating another country’s borders to go after terrorists will only complicate
matters. That the suggested option apparently did not come up for discussion in
yesterday’s in camera briefing, may be a sign that other avenues are being
explored to weaken the militant base. However, Pakistan must be firm with Kabul’s
rulers and hold them to their earlier promise of preventing terrorists from using
Afghan soil to launch attacks against other countries. To build up pressure, the
authorities here should work with regional states to send the same message to
Kabul — after all, it is not only Pakistan that faces a threat from militant groups
next door. At the same time, the state should not renege on its resolve to not hold
talks with the militants, as long as they continue with their unconstitutional
demands — such as rolling back Fata’s merger with KP. One hopes that lessons
have been learned this time — the previous military leadership was in favour of
talking to the TTP — and that the state and government show commitment to the
goals set by NAP/NAP II so that terrorism can be eradicated.

Published in Dawn, April 15th, 2023

LATESTPAKISTANOPINIONBUSINESS

For shame
Editorial Published April 15, 2023 Updated about an hour ago

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‘TOMORROW, and tomorrow, and tomorrow creeps in this petty pace.’ The
people must continue their wait; the country’s elites are not done playing
their games. Never before has it been more evident that the institutions
meant to be keeping the country together have no qualms about ripping it
apart from within. As they continue to fight, a dark despondency suffocates
the air. Hope for a turnaround in the country’s fortunes falters and may soon
be snuffed out. After Thursday’s ruling from the Supreme Court, it is clear
that there are no rules in play. Each branch of the state is defiantly operating
well out of its bounds, seemingly only to spite the other. Nothing seems to
give, despite warning after warning that the country will take years to
recover from the current mess if those responsible do not stop starting fires
they cannot possibly contain.

It is deeply disappointing that eight justices of the Supreme Court thought it


acceptable to venture so far from precedent just to beat back a provocation from
the government. As the ultimate arbiter on all disputes, the institution is bound to
much higher standards of conduct than both the legislature and the executive. If
eight judges felt so strongly about the ‘prima facie’ defectiveness of the Supreme
Court (Practice and Procedure) Bill passed by parliament, they should have trusted
their remaining seven colleagues to concur whenever the matter was brought to
the court once it became law. Instead, the bench not only made it seem like the
judiciary was shaking its fist at the government, but also that it lacked trust in the
other honourable justices of the Supreme Court.

It has been difficult for ordinary people to keep up with each sordid twist of the
tiresome war in Islamabad. For many, an unshakable dread of the future and the
hunger gnawing at their insides are the only ‘real’ outcomes of the institutional
clashes that have dominated headlines over the past year or so. Their frustration is
not going to be tempered by drawing their attention to the nuances of the power-
sharing arrangement between the branches of the state. The crippling helplessness
the majority undoubtedly feel right now will eventually give way to rage against
the status quo. If the people start feeling like they have nothing left to lose, chaos
and violence will follow. This is a situation that must be avoided at all costs. Our
judges, generals, politicians and bureaucrats ought to be ashamed. Their self-
serving ambitions and blind pursuit of power have been a blight on this nation.

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Their continued bickering will wreck the country. Pakistan cannot afford more of its
citizens turning against the state. Those responsible for ensuring this country’s
well-being would do well to heed that warning.

Published in Dawn, April 15th, 2023

Opinion
LATESTPAKISTANOPINIONBUSINESS

Ensuring sovereign default


Mansoor Hassan Khan Published April 15, 2023 Updated about 2 hours ago

The writer is an advocate of the Supreme Court of Pakistan.

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THE most conspicuous aspect of our national discourse on the imminent


sovereign default of the country is an absence of any discussion on how we
reached this point and the way out. The prescribed remedy is that Pakistan
should borrow its way out of its foreign debts. Further loans from friendly
countries are seen as the cure rather than a stop-gap arrangement which will
allow Pakistan breathing space to address the fundamental flaws that landed
it in this quagmire. We are told that if we only double our exports and just
the inflows of foreign direct investment increase, our economy will stabilise.
Sadly, no one tells us how we achieve these and similar simple objectives.

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Regrettably, the theory of law and development never received attention or


recognition in Pakistan as we are unable to appreciate that a robust legal system
plays a major role in the economic development of a country. The economy is too
serious a matter to be solely left to a few bureaucrats, bankers and economists,
which is the case in Pakistan. Pakistani lawyers don’t bother to participate in the
economic policymaking processes since more than 99 per cent of them are
litigators and a defective court system assures them more work — any litigation,
no matter how frivolous, is always welcome. Why would they reform a system
whose deficiencies keep them in business? Only the litigators become law
ministers, attorney generals, advisers to the government, and the judges of the
Supreme Court and the high courts who have thrived on litigations all their lives
and who do not wish to rock the boat.

Pakistan has one of the highest per capita number of lawyers in the world. If you
have a hammer in your hand, then everything looks like a nail — if litigation is all
that you know, then everything has to end up in a court. Litigation means a
dispute, and disputes are never good for businesses. In advanced economies,
litigation is just one area of law practice — it is never the entire law practice. Since
litigation is not the livelihood of those lawyers, instead of disputes, they want more
and more business transactions which generate more and more fees for them.
More business transactions translate into more economic growth for the country
and more prosperity for the lawyers. The legal practice in Pakistan is yet to catch
up with this reality.

Pakistan desperately requires trained commercial lawyers and judges.

Our judges generally lack independence and capacity. In the World Justice
Project’s Rule of Law Index, Pakistan’s overall ranking is 129 out of 140 countries. In
the fundamental rights category, it is 123/140 while in civil justice it is 125/140.
Although the canons of professional conduct require lawyers to plead their client’s
cases with zeal, devotion, and fearlessness, this is only a myth in Pakistan. On
account of the lack of accountability of judges, our lawyers have become
dependent on their goodwill to win cases instead of fighting on the merits of their
cases. It is not uncommon for a lawyer to throw his client’s case or not to
vigorously pursue it, if the judge is predisposed. A lawyer has several cases fixed
before the same judge and it may be sensible for him not to displease him. At
times, the lawyers are reluctant to even go into appeal, fearing the displeasure of
the judge against whose decision the appeal is being filed. Sadly, the clients
remain clueless about these invisible dynamics.

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The enforcement of contracts is virtually non-existent in Pakistan. Except for


Karachi, where the high court has the original civil jurisdiction for any civil dispute
of a certain monetary threshold, in the rest of the country, even the most complex
and challenging contractual and commercial disputes worth billions of dollars
come before the civil courts whose judges are inexperienced and frequently
perceived as tainted. In commercial matters, these judges lack the ability which can
be gleaned from their judgments. The assignment of complex cases to them is
analogous to asking a cyclist to fly a jet. Regrettably, many judges in the superior
judiciary too, are perceived as lacking expertise in commercial laws. One example is
the Supreme Court’s inept handling of the Reko Diq case, culminating in an
international arbitral award against Pakistan of more than $6.5 billion.

Not many lawyers will publicly comment on the capacity of our judges for some of
the reasons explained above. A judge who dislikes a lawyer can effortlessly destroy
his career by denying relief to his clients or by simply keeping his cases pending
indefinitely. The ultimate remedy, although illusionary, is before the Supreme Court
and now there is a waiting period of around three years before an appeal comes
before it so a smart lawyer would simply keep his mouth shut.

The biggest obstacle to Pakistan’s economic growth is our outdated and


ineffective judicial system. Pakistan needs sophisticated foreign investors who
come here with capital, superior technology, and management skills. Such
investors don’t pay bribes, no matter how large or small the quantum, and cannot
wait forever for justice from the local courts. These investors expect a dependable
legal system that ensures to their investments a minimum level of protection —
unlike local investors, foreign investors have 195 other countries to choose from!

Pakistan desperately requires trained commercial lawyers and judges, now. If we


can allow the UK universities to offer English law LL.B. degrees to Pakistan-based
law students which are also recognised by our Bar Councils, what stops us from
establishing specialised commercial courts staffed by retired and serving
competent judges from other common law jurisdictions? There is a convention in
the common law countries where judges can rotate from one jurisdiction to
another — what stops us from adopting this convention only to save Pakistan from
economic collapse? As an experienced lawyer, I can assure the nation that the
existing legal set-up can only guarantee the economic collapse of the country and
that too in perpetuity.

The writer is an advocate of the Supreme Court of Pakistan.


Twitter: @MansoorHassanK3
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Published in Dawn, April 15th, 2023

PAKISTANOPINIONBUSINESS

Outlining a charter of the economy


Zafar U. Ahmed Published April 15, 2023 Updated about 2 hours ago

The writer is the author of Pakistan: Principles of Public Policy Redefined – How to
fast track progress and win over citizens.

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PAKISTAN’S economy has been in crisis for a large part of its existence.
However, a stage has now been reached where personal, party and
institutional interests and differences ought to be restrained and all
stakeholders need to agree to some basic principles and policies. The
recognition has been there and there has been much talk of a charter of the
economy in political circles. Yet, there has been little discussion on what the
salient features of such an agreement would be. Here is an attempt to outline
the broad contours of a possible charter:

1. Pakistan is a democracy and the well-being of all citizens is paramount;


the rights and interests of all segments of the population is to be
ensured, including the majority segment — ie, the lower and middle-
income citizens.
2. The elected representatives will collectively galvanise public support
for the steps to be taken under this charter so that the citizenry stands
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by the government when self-serving special interest groups resist


necessary corrective actions.
3. Cronyism is a grave injustice and fosters an uncompetitive economy.
Uncompetitive ‘cronyism’ (through subsidies, tax breaks, special
access, protection from competition, etc) will be replaced with a fair
and competitive market economy, but with the state taking
responsibility for nurturing citizens to reach their full potential and
providing social protection for the deserving needy.

There’s been little debate on the main features of such an agreement.

1. Discriminatory regulations and subsidies — which are estimated to


cost more than debt servicing or defence expenditures — will be
ended. If/where concessions or subsidies are deemed justified and
necessary for some component/sector, then the state must receive a
fair share (as proportionate shareholders) of the enterprise subsidised
with the citizen’s hard-earned incomes.
2. Technocrats and regulatory bodies will be selected on merit and no
conflict of interest will be countenanced. They will work within policy
parameters formulated by elected representatives and be held
accountable for results.
3. Selection, advancements, postings and job tenure of government
officials will be strictly on defined criteria, without reference to the
wishes of influentials.
4. An effective mechanism will be established for the coordination of the
various components of the justice system, which currently come under
different administrative units (parliament, judiciary, ministries, police,
prosecution, etc). Criteria will be agreed upon for the selection of
judges. The judicial administrative authority of judges (formation of
benches, cause list) will be shared by senior judges.
5. Only the highest-priority development projects will be funded for the
immediate future. Scarce international currency reserves will not be
spent on the import of non-essential goods. Severe penalties will be
applied for defrauding the country, such as through under- and over-
invoicing.
6. Every effort will be made to import in the national currency under quid
pro quo arrangements, or by trading/bartering against national
production.

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7. Unaffordable losses by SOEs will be controlled by professional


reorganisation or by transparent privatisation.
8. Utility pricing will be rationalised so as not to unfairly burden the poor.
Distribution losses will be controlled, for instance by investing in
upgrading and reducing inefficiencies, instead of passing the burden
onto consumers.
9. The current method of ‘incremental’ budgeting generally practised by
the government will be modified and, instead, plans will drive
budgeting, not the other way around.
10. The taxation system will be fair and non-discriminatory, and what is
due will be collected regardless of pushback by vested interests. The
tax base will be broadened to include all who ought to be eligible,
including the agriculture sector. Indirect taxes will only be charged
where fully explained and justified.
11. The highest priority will be to bring agriculture and livestock
productivity and quality at par with international standards and by
improving water utilisation efficiency. The land revenue department
will be streamlined to remove any hindrance to economic activity.
12. Exports will be raised by producing more internationally competitive
products and services. Reliance on state concessions and grants of
‘favoured’ status by importer countries will be weaned off. There
should be equal opportunity for all enterprises to develop a highly
competitive economy through simplified procedures, no discriminatory
policies and regulations, quality skills training and science education,
quick dispute resolution and so forth. Overseas workers will be
professionally supported as a vital part of the national economy.
13. The state will facilitate and regulate a fair market economy. The
industry will step up from assembly to manufacturing. Exporters will
diversify their export goods as well as destinations.
14. The services sector will be encouraged to give due importance to
exports. Regulatory bodies will be accountable for performing their
assigned role effectively. Insider trading, cartel behaviour and other
illegal practices will not be allowed.
15. Opportunities presented by CPEC will be fully availed. Besides
infrastructure, Pakistan will work with foreign firms to manufacture and
export products via CPEC and train workers by association with foreign
experts and technology and skills transfers.

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16. National and provincial development strategies and plans will be made
domestically. Foreign supporters may offer to fund a part of these. In
the future, this ought to be the model for foreign assistance, if needed.
17. Balochistan and former Fata will receive special considerations and
investment for their development needs to give them equitable
opportunities as citizens of this country.
18. At present, highly educated workers have a much higher
unemployment rate than the national average. When properly
informed about work opportunities, after completing basic education,
most students are expected to opt for high-quality, market-driven
vocational skills training. Higher education institutions will cater to a
more competitive student body and focus on producing the country’s
requirements in science/engineering, agriculture, industry, IT and other
fields.
19. A productive and efficient economy requires a healthy workforce. The
state will, therefore, make every effort to organise quality healthcare
for all.

The writer is the author of Pakistan: Principles of Public Policy Redefined — How to
fast track progress and win over citizens.
zua2@cornell.edu

Published in Dawn, April 15th, 2023

LATESTPAKISTANOPINIONBUSINESS

A malleable charter
Javed Jabbar Published April 15, 2023 Updated about 2 hours ago

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The writer is a former senator and federal minister and author of, among other
books, Pakistan — unique origins; unique destiny?

1x1.2x1.5x

WHILE it is appreciable that a solid monument is to be soon erected in


Islamabad to symbolise the profundity of the Constitution, the record shows
that the 1973 charter remains quite malleable. According to the Oxford
Dictionary, malleability is the capacity of “... a material to be hammered or
pressed permanently out of shape without breaking or cracking”. In this
context, is malleability a virtue or a flaw? Perhaps no definitive answers are
possible.

All constitutions are subject to amendment in response to changed conditions and


experience. The exceptional malleability of the 1973 Constitution is its remarkable
capacity for major changes — by both elected legislatures and unelected military
regimes, the latter being notably aided by judicial sanction, eg, the doctrine of
necessity. But even elected legislatures have retained some progressive
amendments made by military rulers, eg, increased seats for women, restoration of
the voting age to 18 years instead of 21, and of joint electorates, the expanded size
of legislatures (under Gen Musharraf), the authority of an indirectly elected Senate
to initiate Constitution amendment bills and debate money bills (under Gen Ziaul
Haq).

Like a pendulum that swings from one extreme to the other, so too did the original
1973 version undergo a 180-degree shift, with such shifts lasting years, not
seconds. Starting with a head of state who was a ceremonial decoration without a
single discretionary power — except for the authority to grant mercy petitions —
the prime minister’s imbalanced, all-powerful position was in full play till July 4,
1977. Indeed, one of the basic reasons for the 1977 upheaval was the excessive use
of prime ministerial power for five years. The PM’s dominance was suspended
under martial law onward of July 5, 1977 — when the chief martial law
administrator became the supreme executive authority. This was reinforced after
president Fazal Elahi Chaudhry’s exit in September 1978 when the CMLA became
president while remaining COAS/CMLA.

When Junejo became PM on March 24, 1985, the president’s powers were only
partly eroded. Even with the end of martial law on Dec 30, 1985, the pendulum
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stayed on the president’s side because the Eighth Amendment earlier in 1985 had
bestowed Article 58(2)(b) on the president, enabling the dismissal of the PM and
dissolution of the legislatures at the president’s discretion. It took 12 years for the
13th Amendment in 1997 to delete this provision. During military regimes, the
superior courts were able to entertain writs and petitions, and adjudicate on civil
legal matters.

The Constitution has shown remarkable capacity for change.

A sign of semantic confusion even in 2023 was evident when, on March 29, 2023,
during an interview on a TV channel, the present head of state, and the interviewer,
referred to the multiple ‘abrogations’ of the Constitution, while both also
acknowledged its durability! ‘Abrogation’ means ‘repeal’ or to ‘do away with
(permanently)’. It should be remembered that the 1973 Constitution was never
‘abrogated’ de jure. It remained partly in place during both the military regimes of
1977-1985/1988 and 1999-2002/2008. Which is why petitions challenging military
intervention were heard and judged in the Supreme Court.

Recent and ongoing comments about the democratic dimension of the


Constitution ignore hard, inconvenient truths. Its original version was distorted by
civilian, not military action, in less than a year. The First Amendment of May 1974,
ostensibly redefining the territorial composition of the state post-1971 was also
used to, among other things, allow judges from one province to be transferred to
the high court of another province. A total of 17 changes were made under the
misleading singularity of the term ‘First Amendment’. Later, in 1976 and May 1977,
the Fourth, Fifth and Sixth Amendments, consisting of several alterations, adversely
impacted the judiciary. An abortively attempted amendment in 1997 aimed to
make the PM ‘ameerul momineen’, accountable only to a captive legislative two-
thirds majority.

The Constitution’s pliability to change — while surviving — is aptly evident in the


numbers. By one count, there have been only ‘26’ amendments in 50 years, ie, only
about two per year! In actual fact, changes, for better and worse, number hundreds
of alterations, each such change being an ‘amendment’.

In 1985, for example, the Eighth Amendment actually introduced changes in about
65 articles through modifications, omissions, deletions, additions and links to other
articles. Where the intention to introduce purposeful references to the Constitution
in the education curriculum is laudable, such texts should also inform students
about its charming malleability under both civilian and military rulers.
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The writer is a former senator and federal minister and author of, among other
books, Pakistan — unique origins; unique destiny?
www.javedjabbar.net

Published in Dawn, April 15th, 2023

LATESTPAKISTANOPINIONBUSINESS

Enhancing skills
Neda Mulji Published April 15, 2023 Updated about 2 hours ago

The writer is senior manager, professional development at Oxford University Press,


Pakistan.

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THERE’S talk about bringing change to school culture. With online courses
available for professional development, there are programmes mushrooming
at many schools which provide new opportunities for teachers.

However, while professional development of teachers is critical to the educational


needs of students, it is necessary to tread cautiously and plan skillfully.
Contextualising training to suit the needs of teachers is essential to the success of
professional development initiatives.

For school management, this implies assessing the gaps in teaching practices, and
targeting training. New teachers who step into school mostly get by on
generalised learning off the internet. After all, we cannot give a helicopter in the
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hands of a novice pilot who has watched a few detailed videos of take-off and
landing.

Teachers need continuous professional development to be able to manage the


development of their own and their students’ skillsets. With teaching and learning
evolving at an alarming pace, students need teachers who can keep up, guide and
steer their way to learning and exploring. Much of learning now has to do with
independent discovery, but discovery cannot spring from a vacuum.

Teachers must be able to spur the students’ curiosity.

Twentieth-century teachers who once believed that students can ace their
academics if only they learned to ‘listen carefully’ are no longer relevant. Artificial
Intelligence has now stepped in to replace the note-taking skill, the organisation
and structure skill and the summarising skill. Interestingly, students still need to
know what they are looking for and must be able to ask relevant questions to
glean the maximum benefit from apps that provide learning support. When
students use blended-learning platforms, teachers must be able to spur the
students’ curiosity to explore and learn on their own.

The kind of professional development that teachers require to build on their


students’ natural curiosity is vastly different from what they have been used to for
decades. For this reason, there are many models of professional development that
have been developed to serve different contexts.

Short online sessions can teach effective classroom techniques for a particular
subject. In-person extended training courses may develop a novice teacher’s ability
to plan lessons, manage classes and implement curriculum demands. Workshops
that allow reflective practice help the 21st-century teacher keep up with best
practices.

In our society, where teaching and learning has evolved at a relatively slower pace
compared to global dynamics, teachers need to prioritise digital literacy. Digital
tools are the quickest and most effective way of keeping abreast of developments
worldwide, provide access to pedagogical research and best practices, and enable
teachers to collaborate with each other.

The real value of online professional development comes from built-in technology
that allows resources and recordings to be preserved, shared with the wider school
community, and revisited anywhere, anytime. It allows teachers to have access to
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expert knowledge from their own and other countries and provides a ring-side
seat to different ways of responding to curriculum demands.

Teachers now have access to many different approaches to professional


development in the form of conferences and programmes across borders.
Previously, the practice was to enrol for a graduate teaching certification. In the
absence of such opportunities in Pakistan at the time, only a handful of teachers
travelled elsewhere for a degree in education. Mostly, teachers stuck to learning
from observing each other or falling back on techniques they had experienced as
students.

Besides self-motivated research, online and in-person workshops and school-wide


professional development days draw attention to skill gaps. Continuous
professional development days also provide the school management with a
window to obvious needs that may have been overlooked, put structured time-
bound plans in place, and provide a mechanism for bringing new hires up to
speed. The real success of all professional development efforts comes from
implementation — when teachers demonstrate their ability to put new knowledge
and skills into practice.

When the benefits start percolating down, the ethos of the school begins to
change. There is a new-found tendency to regard innovation with respect rather
than intimidation. While training cannot ensure that every teacher becomes great,
it serves the critical function of fostering a school-wide culture of learning.

Teachers who get such opportunities feel valued by their school, and this improves
motivation. Training together increases collaboration between colleagues. Just like
Lego, the pieces come together albeit after a great deal of labour.

The writer is working as senior manager, professional development, at Oxford


University Press Pakistan.
neda.mulji@gmail.com
Twitter: @nedamulji

Published in Dawn, April 15th, 2023

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