Islamabad Main census form developed by the government does not carry a disability column making it impossible to count the number of Persons with Disability (PWDs) during the upcoming census. The concern was raised at a press conference organized by the Special Talent Exchange (STEP) under the platform of Aging Disability Task Force (ADTF). The task force includes STEP, Sightsavers, Handicap International, CBM, HelpAge International, LCDDP, Milestone and ASHA and Launch of a Campaign ‘Do Count Us’ (Hamain Shumar Karo). The speakers stressed the need of data collection of PWDs as it will provide the exact number of persons with disabilities making it possible to work on the barriers they face in a specific location due to specific form of disability. They said that disaggregation of data by disability is a key step in including persons with disabilities who encounter higher rates of poverty and exclusion from society. Chief Executive Officer for National Forum of Women with Disability Abia Akram said that it is critical to remember that persons with disabilities (10 to 15% of the total population) are amongst the most likely segment of the society to live in poverty, to be denied their development rights, their right to makes choices over their bodies, to achieve justice and remedies when experiencing gender based violence, to enjoy their right to education, meaningful and decent work, to control resources and to participate in public life. She said that the issue has been raised by the Parliamentarians at the floor of the house but they were told that the forms have already been printed and there can be no change in the forms at this stage. “All we want is to attach a separate paper with the form, make changes in the software and train the data collectors on collection of information on PWDs,” she said suggesting that census is an opportunity to finally make the right and targeted policies for PWDs. Abia said that people, especially in rural areas, tend to hide information about the PWDs in their families. “Comprehensive research on questions for PWDs for the census has already been in the developed countries. We suggest that if ‘Washington Group of Questions for PWDs’ are attached with the form, we will be able to get a clearer picture on the PWD data,” said Abia. Director General of Special Education Institutions for National Training Centre for Special persons talked about the barriers faced by the persons with disability in education sector. Ali Shabbar from STEP talked about the importance of disaggregation of data by disability. Rabia Hadi from Elimination of Violence against Women and Girls Alliance termed it concerning that PWDs were first ensured by the government that special columns for disability will be included in the main census form but it was not there in the final form. Fariha Bajwa from National Commission on the Status of Women said that the first barrier that persons with disabilities encounter is statistics. If the government does not know the number of people who need specific intervention, treatment, training and rehabilitation, the budgetary allocations can never meet the needs. Speakers said that the government policies that privatize public services, reduce the commons and value economic growth over human rights have a devastating impact on persons with disabilities particularly women with disabilities. “This is not just a human rights argument to inclusion, but also a strong economic one. The International Labour Organisation (ILO) estimates that the economic losses incurred through excluding persons with disabilities from the world of work are as high as 3-7 per cent of global GDP,” they said adding that failing to address these issues is going to impact on the country’s ability to achieve the UN’s Sustainable Development Goals, especially given their motto ‘Leave No One Behind’.
Election
THE fact that a census is finally going to take place this year after a gap of almost two decades is welcome news, but it is disappointing to note that the data being collected will be incomplete. The exercise is conceived as little more than a head count, with other vital demographic data to be collected later in the year according to the Pakistan Bureau of Statistics, “if we are given permission”. The data left out of the picture includes district of birth, previous district of residence, duration of residence at present location, educational attainment and information related to fertility. Whereas a census can be narrowly conceived as nothing more than a head count, along with rudimentary data on mother tongue, literacy and nationality, the inclusion of the kind of questions which will not be asked would have made the exercise more meaningful — especially if the data collected is to be used for calculating population growth rates or migration trends in the country. There is a possibility that politics has played a role in the decision to leave out the more meaningful demographic data this time. Migration is a politically charged issue, particularly in the province of Sindh which has absorbed the largest share of in-country migrants over the decades. If an accurate picture of the number of migrants who are now domiciled in the province is presented, it could reveal that the number of native Sindhi speakers is declining in Sindh. It is easy to see why such a revelation would have all manner of consequences for the province’s politics. Similarly, if population growth rates are made visible, particularly with reference to specific ethnic groups captured in the data using mother tongue as the variable, it could have political ramifications for ethnic-based parties. In fact, the failure of the last census to accurately portray a picture of migration trends in Sindh was one of the principal objections that demographers had regarding its veracity. This time, it appears, the government wishes to circumvent the issue altogether. A second issue with the exercise is the role of the army. Initially, we were told the military would be required for security and to lend credence to the exercise so nobody could allege tampering with the numbers. But now we are learning that the military will be carrying out its own head count next to the PBS enumerators, as well as gathering data about the number of foreigners. If so, will this data be cross-referenced? How will the military decide who is a foreigner and who isn’t? Will it be on the basis of self-identification, or will respondents be asked to furnish documentary proof of citizenship? The fact that a census is to be conducted is positive news, but many questions still remain to be addressed before the exercise gets under way in earnest.
The long awaited draft Election Bill 2017, prepared by the Parliamentary Committee on Election Reforms (PCER), which brings together several laws related to the conduct of elections into a single manual, is a subject of wide interest and debate. The PCER’s openness to suggestions that can be sent electronically is also appreciable because there is always room to improve. To start with, in Pakistan’s context where the concept of ‘power to the people’ has remained under threat due to manipulations, the bill would bring the direction and meaning to focus, if a strong reiteration to this effect is added. The danger remains that without a mention of the ultimate purpose, the conduct of election may be taken as an administrative function or occasion. Therefore, open to manoeuvering of the process by the powerful, as practices in the status quo suggest. The language of the law must inspire confidence and ownership of the common people who have suffered alienation for long. Electoral laws must empower the marginalised sections of society as much as the institution of the Election Commission that is assigned to bring the will of the people to the fore in a free and fair manner. The proposed electoral law reiterates the policy of inducting representation from women and religious minorities. It leaves the mode of elections on these seats, for the Local Government, Provincial and Federal parliaments, to the constitution or other legislation to decide. It is also possible that the PCER did not get sufficient and qualitative input or time to address the anxieties about the effectiveness and accountability of the representation from the religious minorities. The current mode, whereby, inductions are made through proportional representation method, has been a source of discontentment. Political parties submit a ‘priority list’ of candidates to who are notified as elected in equation to the number of seats won in general elections by the mainstream political parties. Although restoration of joint electorate fulfills the minimum demands of the democratic dispensation, the arrangement needs improvement to deliver the goods on political inclusion of minorities. Since 2002 the political space for minorities within the rank and file of political parties has somewhat increased though in the given scale of the social discrimination, economic marginalisation and political alienation, their role is still limited in lawmaking, governance, etc. However, using the potential of principles of equality and inclusive democracy, to establish rule of law primarily calls for more than symbolic appointments. In the absence of a vibrant and accountable minority representation, that would have worked effectively to dismantle institutional discrimination otherwise, members of religious minorities have begun to develop a fascination over a mode of filling reserved seats through a direct vote. This could mean return of the separate electorate, a surrender of gains made so far on the non-discrimination agenda. The relationship between the general seat or parliament at large and the minority electorates will suffer. Therefore, in order to give minorities a meaningful representation, it is necessary that the political parties are required to make their priority lists using criterion to draw their candidates from the whole geographic spread for the elected house rather than those coming from a hand-full of urban centers. Secondly, the priority lists of candidates, if prepared through intra-party elections, will manifest a wider mandate from within the party rather than a selection committee. The draft bill can help repair this situation by incorporating the mode of election to intra-party elections and delimitation of constituencies for reserved seats. It does not need a constitutional amendment but an amendment to electoral procedures which is already the mandate of the electoral reforms. Ignoring the ramifications of religiously exclusive and negative idioms, the draft bill has switched to the term “non-Muslims” exclusively from a mixed use of the term ‘minority’ which the constitution of Pakistan and other electoral laws used. Developing a democratic culture will take time and effort but as long as the direction is ascertained and adhered to, we can be confident that the national aspirations will translate into reality in the future.
The newly-constituted five-member bench of the Supreme Court of Pakistan is hearing the Panamagate case on a day-to-day basis to expeditiously conclude this complex case. However, instead of promptly solving the so-called Panama riddle, this case has given rise to a number of legal complexities and controversies in the country. It has just opened a Pandora’s box of allegations and counter-allegations. Everyone is openly discussing and commenting on this free-for-all case. In the absence of any definite legal approach adopted by the apex court so far, apparently this case is heading towards a blind alley. Thus, the propriety and constitutionality of this high-profile case is also being question. Since the apex court has yet not handled such a complex case while exercising its original jurisdiction under Article 184 (3) of the Constitution, therefore it was being feared that there would arise some procedural complexities in this case. The ‘due process of law’ essentially requires a court of law to fulfill some legal formalities under all circumstances. To begin with, a criminal case generally originates in a criminal trial court, having power to try such case, upon an investigation report submitted by a competent investigative agency. Thereupon, the trial court formally prepares a charge-sheet against the culprit and ask the prosecution to adduce evidence. After offering the culprit a full opportunity of his defence, the court passes its verdict. Similarly, the aggrieved party is also provided a legal right to appeal. In fact, at the moment, some of the aforementioned legal elements are missing in the Panama case. Consequently, the petitioners are exclusively shaping the contours of this ‘free-floating’ case. The Constitution of Pakistan precisely explains the classes of various constitutional courts and their respective jurisdiction in the country. Moreover, Article 175(2) of the Constitution states: “No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or under any law”. The Supreme Court of Pakistan is the highest constitutional court in the country. Constitutionally, it can exercise its Original Jurisdiction (Article 184), Appellate Jurisdiction (Article 185), Advisory Jurisdiction (Article 186), and transfer any case form one High Court to another (Article 186-A). Surely, all the constitutional courts in Pakistan, including the apex court, are always supposed to exercise their powers within the defined frame-work of the constitution. Article 184 (3) states: “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mention in the said Article”. So this constitutional provision empowers the apex court primarily to effectively safeguard the fundamental rights of the citizens in Pakistan. There has been an observable tendency of stretching the jurisdiction of the apex court under this constitutional clause to the extent of taking cognisance of diverse legal and constitutional matters on the basis of wider interpretation of the fundamental rights. This practice was best observed during the chief justiceship of Iftikhar Muhammad Chaudhry. In fact, Article 184 (3) has been one of the most widely debated constitutional provisions in Pakistan. At times, it has also been rather controversial. Therefore, for some years, the apex court has been abstaining from excessively exercising this constitutional jurisdiction by gradually distancing it from the so-called Iftikhar Chaudhry doctrine. Article 184 (3) essentially confers an extra-ordinary jurisdiction on the Supreme Court. Though not exhaustively, this constitutional provision precisely provides the scope and procedure for the exercise of this extra-ordinary jurisdiction. The scope and powers of the apex court under this provision are somehow co-extensive with the powers of a High Court under Article 199 of the Constitution. The only difference being that the apex court can also take a suo motu action while a High Court can only act upon the application made by an aggrieved person. So, while taking cognizance of any matter of ‘public importance’ relating to the ‘enforcement of fundamental rights’, the apex court can exercise the same jurisdiction as does a High Court under Article 199 i.e. the Writ Jurisdiction. More precisely speaking, Article 184(3) requires the apex court to exercise an original jurisdiction what exactly does a High Court under the Article 199(1)(c). This constitutional provision empowers a High Court to make an appropriate order giving directions to any individual, authority or the Government for the enforcement of the fundamental rights enshrine in the Constitution. Therefore, logically, under Article 184(3), the apex court is primarily supposed to issue appropriate directions to the public officials, state functionaries with respect to any matter of public importance involving the fundamental rights of individuals. So, in a number of suo motu actions taken by the apex court, we have observed how it summoned and ordered certain state and public functionaries to perform a particular legal duty. The case of the minor girl Tayyaba is latest instance. Observably, in these cases, the apex court has mostly adopted the typical inquisitorial legal approach instead of the adversarial one to hold a full-fledged trial. Article 187 of the Constitution gives ample powers to the Supreme Court to do complete justice in any case or matter pending before it. However, at the same time, it also imposes the jurisdictional restrictions, as provided by Article 175(2), on the exercise of such powers. Therefore, just like any other organ of the government, the apex court is also supposed to remain within its defined constitutional parameters while exercising its powers. Pakistan has a written constitution. And obviously the Article 184(3) is also not mere a legal fiction. In a landmark verdict delivered by it in 2013, the Supreme Court barred the High Courts form taking suo motu actions under article 1999 by requiring them to remain within their constitutional ambit. Reading the aforementioned constitutional provisions together with Article 10-A, which strictly prescribes the due process and fair trial, hardly allows the apex court to hold a trial. So in this particular context, the current panama proceedings in the apex court also need serious consideration. Strictly remaining within the legal ambit of Article 184(3), the apex court has limited options to properly dispose of the Panamagate case. Firstly, the apex court may itself form an inquiry commission to precisely probe the allegations leveled by Panama Papers. But in that situation, the apex court will again have to resort to an adversarial process to finally conclude this case once the report of such inquiry commission is submitted. Secondly, it may also direct the Federal Government to form an inquiry commission after providing some guidelines to frame ToR’s for the proposed inquiry commission. Thirdly, it can also direct an investigative agency like NAB or FIA, which has the required legal and institutional capacity to tackle it, to formally probe and concluded this case. If such agency finds any substance in these allegations after a thorough inquiry, then an appropriate criminal court can hold a trial to conclusively determine the legal and factual questions involved in this case. At this stage, the petitioners in the Panama case should also not insist on PM’s disqualification under Article 62 and 63 of the constitution on the basis of alleged contradictory statement made by him. For this purpose, they should first approach the appropriate legal forum i.e. the Election Commission of Pakistan. In case the ECP does not properly entertain them, then they can approach the apex court, or even invoke the writ jurisdiction of a High through another constitutional petition. One wonders why the defence counsels in the Panama case not raise any objection regarding the maintainability of the suit, since they apparently have a plausible or reasonable legal explanation for the offshore properties admittedly owned by their clients? Now, in order to avoid legal complexities and future controversies in the Panama case, the five-member bench of the apex court should carefully evaluate and answer all the underlying questions relating to maintainability, jurisdiction and procedural nitty-gritty of this case. Certainly, the accountability of the Prime Minister of Pakistan is absolutely desirable, but at the same time, the due process of law should also be advisable.
THE Parliamentary Committee on Electoral Reforms (PCER) deserves credit for finalising its proposals for reform of the election system before next year’s polls. The National Assembly speaker had perhaps been unduly ambitious when he had asked the committee, set up 29 months ago, to complete its work in three months. The committee’s broad mandate reflected the concerns over deficiencies and flaws in the election system voiced by various stakeholders. It included, but was not limited to, “making recommendations in respect of electoral reforms, required to ensure free, fair and transparent elections, including adoption of the latest technology, available for holding elections, along with draft legislation, including constitutional amendments, if required for this purpose”. One part of PCER’s proposals, relating to appointment of the chief election commissioner and members of the Election Commission, has taken the form of the 22nd Amendment to the Constitution that the National Assembly has already adopted. The amendment has received favourable comments for making — besides judges — former civil servants and experts eligible for appointment as chief election commissioner and ECP members. Now the PCER’s detailed report, in the form of the Elections Bill 2017, is being debated at various forums. It is to be hoped that these discussions will be taken into consideration by parliament before the bill is adopted as it needs to be reviewed at some places and some essential reforms are still awaited. Many issues that the electoral reforms committee was expected to resolve have not been addressed. The more important improvements suggested in the election system include greater financial and administrative powers for the ECP, provision of voting by overseas Pakistanis, better system for publication of results data, opening of district returning officers’ posts for ECP staff, greater use of Nadra data for preparation and revision of electoral rolls and delimitation of constituencies, grant of more time for making representation to the ECP and filing of objections/ complaints, regulation of local government elections, and special measures to secure women’s voting rights. The unwelcome proposals include grant of rule-making power to the government, which hits the principle of the ECP’s independence from the executive. That the PCER recommendations still need a critical appraisal can be gauged from the measures proposed to secure women’s due participation in elections. The Election Commission has been empowered to declare “polling at one or more polling stations, or election in the whole constituency, void”, “if the turnout of women voters is less than 10pc of the total votes polled in a constituency”. The ECP will act in the matter after presuming “that the women voters have been restrained through an agreement from casting their votes.” While the idea underlying this provision is sound, the text needs to be clarified and improved, because it offers comfort to lawyers who might challenge the ECP’s decisions. The confusion caused by the reference to women’s votes cast in a constituency and declaration of polling at one or more polling stations as void needs to be removed. Besides, ECP intervention will depend on proof of an ‘agreement’ to restrain women from voting. However, women are often prevented from voting without a formal agreement. The loophole in the text can be covered by deleting the reference to presumption. Incidentally, the language used while obliging a presiding officer to report a low women turnout is somewhat better as he will act if he has reason to believe that “the restraint on women is based on any express or implied agreement”. A laudable provision obliges the ECP to take note in annual reports of the difference in the number of registered men and women voters in each National Assembly constituency, and take special measures to reduce the gap. It would have served the cause of democracy better if the proposed law had included some steps to promote proper registration of voters belonging to the minorities and ensuring their maximum possible turnout. Much credit has been claimed for the decision to club nine election-related enactments into a single election bill, but the benefits of the step are not obvious. The nine laws strung together are the Electoral Rolls Act and the Delimitation of Constituencies Act, both of 1974, the Senate (Elections) Act, 1975; the Representation of the People Act, 1976; and five Musharraf-regime orders of 2002 — the Election Commission Order, the Conduct of General Elections Order, the Political Parties Order, the Qualifications to Hold Office Order and the Allocation of Symbols Order. (If collection of all electoral matters under one omnibus law was the idea, why were the constitutional provisions regarding elections and strength of assemblies or the Presidential Election Rules left out?) The unified enactment could make the task of lawyers and students of politics harder. Quite a few issues that the PCER was expected to resolve have been left unaddressed. These include the eligibility/ disqualification criteria inserted in the Constitution (Articles 62 and 63) by Gen Ziaul Haq that are incompatible with democratic principles, and the reservation of the electoral field only for the very rich. The fault lies perhaps in assuming that everybody who does cast his/ her ballot is capable of making a free choice, whereas a great number of people — bonded workers, tenants, rural have-nots, poor men and women belonging to minorities — cannot afford to make independent decisions. Thus, free and democratically acceptable elections demand demolition of feudal, caste and social stratification of society. Till such changes take place there is a strong case for reserving seats for peasants and labour in the Senate as they have a better claim to this privilege than ulema and technocrats. The main problem with the present exercise seems to be the misplaced belief that parliamentarians securing seats through an elite-friendly system can resist the pulls of status quo. The present set of proposals is welcome, but for mapping out a genuinely democratic election system it may be necessary to create a new commission comprising — besides politicians and parliamentarians — jurists, academics, and civil society representatives.
LAHORE: Punjab Youth Parliamentary Caucus General Secretary MPA HinaPervaiz Butt on Friday submitted a resolution in the assembly secretariat. In her resolution, the lawmaker asked for inclusion of subject of civic education in the syllabus from primary to higher education level.
With just a year more to go as country holds its next General Elections to elect the new parliament, a dialogue on electoral reforms took place in federal capital Islamabad on January 3, 2017. Organized by Democracy International Reporting an organisation working to promote political participation of citizens and the development of democratic institutions worldwide, the event invited parliamentarians from both sides of the aisle and civil society representatives who spoke on electoral reforms. The event which was chaired by Honourable Chairman Senate, Mian Raza Rabbani, began with the interim analysis of the Draft Elections Bill 2017 presented by DRI Country Representative in Pakistan, by Hassan Nasir Mirbahar. He emphasised that prompt passage of the Draft Elections Bill, 2017 is essential to allow sufficient time for its implementation. He also recognised the Committee’s initiatives of soliciting input from general public and key stakeholders that will enhance the transparency of the process. Following Mr. Hassan Nasir’s presentation, country’s renowned human rights activist, who was representing Pakistan’s civil society at the event, Mr. I.A Rehman spoke to the audience where he welcomed the PCER’s initiative. I.A Rehman stated that these reforms were the need of time which should have been made long ago. He further raised up the issues related to women and religious minorities of Pakistan that the way of indirectly electing women and religious minorities is undemocratic and in the past, both women and non-Muslims have faced difficulties in casting their votes. He also specifically pointed out the flaws of having current 2002 joint electorate that isolates one specific religious community of Pakistan. He talked about ending all discriminatory clauses which were prerequisite for free and fair elections. Representing, Free and Fair Election Network’s (FAFEN) Rashid Chaudhary, said that despite the laudable efforts of the PCER, ECP rules for elections will require government approval under the draft bill, which may undermine the ECP’s independence and the credibility of elections in Pakistan. A question answer, suggestion session later followed where parliamentarians, members of provincial assemblies from all mainstream political parties of Pakistan raised their concerns and feedback. Awami Worker’s Party Senator Afrasiab Khattak opened up the session followed by which, Muttahida Qaumi Movement’s Member of Provincial Assembly, Faisal Sabzwari presented his views. He stated that fair delimitations were a prerequisite for elections and also pointed out how Sindh, the province that he was representing, is the only province that still uses quota system among its rural and urban population. Nasrullah Khan Zayray, MPA, Balochistan assembly raised up the issues of Pashtun population in the parliament pointing out that despite having a population of around 5 million in the country’s biggest city Karachi, there is no such representation of Pashtun people in Sindh Assembly. MPA Meraj Humayun Khan suggested increasing women representation in the parliament by 10% while Nusrat Abbasi suggested forming a new staff solely for the purpose of looking after elections process on Election Day instead of using services of school teachers. Representatives belonging to Jamat-e-Islami talked about eradicating feudal system if Pakistanis want to move forward with consistent and sustainable democracy. Another MPA from KPK proposed making ECP entirely independent in case the country wishes to see free and fair elections. An MNA belonging to Pakistan People’s Party talked about how women, despite being 54% of the country’s population are given just 5% representation in the parliament, something she referred to as “sheer injustice” The Question Answer session was closed by Dr. Ramesh Kumar of Pakistan Muslim League (N) who talked about some important issues. While talking to audience Mr. Ramesh Kumar stated: “I have objection to this term minority. We are not minorities but equal citizens of Pakistan. If you want to address non-Muslim population of Pakistan you can call us “non-Muslims” but don’t refer to as “minorities” because we are equal Pakistanis and I am proud to be a Pakistani Hindu.” Finally, the honourable Chairman Senate, Mian Raza Rabbani, spoke to the audience who commended DRI’s effort in bringing stakeholders including parliamentarians, civil society and media together to discuss the crucial and long-awaited electoral reforms as well as its presentation of the first publicized interim analysis of the bill. He said that electoral reforms are crucial ahead of 2018 general elections. He added that the Election Commission of Pakistan (ECP) needs to assert its role in managing and conducting elections.
ISLAMABAD: The government tabled on Tuesday a draft bill on electoral reforms in the National Assembly which gives complete administrative and financial powers to the Election Commission of Pakistan (ECP), increases the election expenses limits for both National Assembly and provincial assemblies’ seats by 150 per cent and makes it mandatory for registration of any political party to have at least 1,000 members. The Election Bill 2017 was laid down by Finance Minister Ishaq Dar, who is also the Chairman of the Parliamentary Committee on Election Reforms which prepared the document in two years’ consultative process for which its sub-committee, headed by Law Minister Zahid Hamid, met for 70 times. The 33-member parliamentary committee was formed by National Assembly Speaker Sardar Ayaz Sadiq on Prime Minister Nawaz Sharif’s instructions for electoral reforms amid Pakistan Tehreek-i-Insaf’s 2014 sit-in against PML-N’s alleged rigging in 2013 general elections. The committee which consolidated nine different laws and ordinances regarding electoral process also gave its recommendations to the lower house for the 27th constitution amendment bill. Presenting the draft bill in the house, the chairman of the committee asked authorities concerned for its publication in national dailies besides placing it on the website of the National Assembly so that everyone could go through the 149-page draft bill. He also called upon all concerned, including parliamentary parties, ECP, civil society, lawyers’ organisations and general public to give their suggestions about the document within 30 days so that it could be reviewed and improved in the light of their suggestions. The 22nd Constitution Amendment that changed the eligibility criteria of members of the ECP in May this year was made in the light of recommendations of the same committee. Earlier, Law Minister Hamid briefed journalists about the draft bill and said in order to check mushroom growth of political parties which emerged ‘overnight’, it had been proposed that any party seeking registration must have at least 1,000 members. Such parties would have to deposit Rs100,000 in security. It has been proposed to enhance the election expense limit for the national and provincial assemblies to Rs4 million and Rs2m from Rs1.5m and Rs1, respectively. The limit for Senate election will remain unchanged at Rs1.5m. Likewise, he said, the nomination fee had been proposed to be enhanced to Rs30,000 for National Assembly candidates and Rs20,000 for candidates of provincial assemblies and Senate. The administrative and financial powers of the ECP have been strengthened in the draft bill to issue specific instructions which will be treated as orders of a high court. All of the ECP’s expenditures would be borne by the federal government like those of the Supreme Court. The ECP would also be given complete control over the electoral staff from other departments and in case of misconduct it would be able to act against them. Published in Dawn December 21st, 2016
The final phase of the local government elections on reserved seats has been completed in the Punjab. The Pakistan Muslim League-Nawaz, Pakistan Tehreek-e-Insaf and Pakistan People Party participated in the final phase of election. In most of the cities of Punjab, the ruling party candidates remained successful and ready to formulate government at local level. It may be mentioned here that the PML-N candidates have already been elected unopposed on reserved seats for youth, technocrats and labourers in the provincial metropolis, while polling on 25 seats reserved for women and 10 seats for non-Muslims held here on Tuesday in the city. According to the unofficial results of the election commission, Pakistan Muslim League has won ten seats reserved for minorities in the city. Meanwhile as announced results, Pakistan Muslim league Nawaz has also won twenty four seats out of twenty five reserved for the women for Lahore city. Aneela Baig Pakistan Tehreek-e-Insaf candidate was declared successful for women reserved seat. The name of the winning women candidates are, Kauser Javed, Perveen Qamar, Summera Nazir, Khutajha, Rehana, Zarqa, Sumera Ahmad, Zahida, Shama, Tahira, Uzma Imran, Furkunda, Umera Aslam, Mumtaz Naseem, Sumera Liaqat, Ferzana Adeeba and Aqeela. The name of the three winners for the technocrat seats are Colonel Sarfraz (Retd), Fiaz Akhtar, and Mian Aslam. According to the unofficial results of the Punjab Election Commissioner, Azhar Farooq, Hasnain Tariq, Zahoor, Nazir Swati and Gulam Hussain were declared successful for the workers seat nominated by the Pakistan Muslim League. Ahmed Saeed and Shahzad were announced winner for the youth reserved seat.
PESHAWAR: Khyber Pakhtunkhwa Governor Eng Iqbal Zafar Jhagra has said that 60 per cent population of the country is consisted of youth whose right to exercise their verdict as registered voters is also of national importance. He was addressing a ceremony to observe National Voters Day as per the initiative of Election Commission of Pakistan at Governor’s House in Peshawar on Wednesday. Retired Justice Irshad Qaisar, Member and Provincial Election Commissioner Mussarrat Khan also addressed the ceremony. Provincial Senior Minister Inayatullah Khan, MPAs Shah Hussain and Meraj Humayun as well vice-chancellors of different universities and students were also present on the occasion. The ceremony was followed by a walk. The governor said that it was vital to strengthen democratic system in the country. “Importance of casting vote is also must for consolidation of democratic process as it is the best way to bringing a positive change in the system of governance in the country,” he added. Referring to election arrangements in Fata, Mr Jhagra said that participation of the respective people on the adult franchise basis was ensured and according to the proposed reforms process. He added that local government elections were also supposed to be held by the end of 2017 in Fata. In Khyber Agency, the function of National Voters Day was delayed for three hours owing to lack of interest by officials of political administration, local elders and representatives of political parties and civil society. The function was organised by Khyber Agency office of ECP in Jamrud. The office had invited almost all the stakeholders in the region to the function to highlight the importance of registration of vote and vote casting along with the procedure of registration of vote. The EC Khyber office had fixed 10am for the function but late arrival of the participants delayed it for over two and a half hours. A number of local elders, to whom this scribe talked to prior to the start of the function, said that they were never conveyed any invitation. Few representatives of the political parties who had made it to the venue were also late by another full hour. Mohammad Bilal, Khyber Agency Election Officer, gave a detailed briefing about the process of registration of vote. The question answer session proved that local elders and political workers had little knowledge about the process of registration of vote. Most of the questions were asked about National Database and Registration Authority and anomalies in the previous voters list. Most of the attendants were not even aware about the locations where the new voter lists were exhibited. Even they didn’t know about the officials, whom they were supposed to approach for correction in the data or for verification. In Lakki Marwat, speakers at a seminar called for increasing the number of polling stations for female voters besides facilitating them to cast vote near their homes. The seminar was arranged by district office of ECP in connection with National Voters Day that was attended by people from different walks of life. The speakers stressed the need for creating awareness among people about their constitutional right to vote. They said that citizens could play a vital role in national development by using their right of franchise in elections. “Those, who do not come out of their homes on polling day, have no right to criticise public representatives and rulers,” they said, adding that fate of the nation could be changed through the power of vote. The speakers said that civil society and media should launch a campaign to ensure registration of all eligible people as voters. They said that women and disabled persons should be encouraged to get them registered as voters and use their constitutional right to vote in elections. Later the participants of the seminar held a walk. In Kohat, a seminar was held in connection with National Voters Day. Speakers at the seminar said that every patriotic citizen should cast vote to determine the destiny of country according to his wishes. They said that ballot was not only a piece of paper but it determined the kind of democracy in the country. They said that voters could play their due role in progress and prosperity of the country. Published in Dawn, December 8th, 2016
ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday organized a daylong seminar on inclusion of persons with disabilities in the electoral process. The seminar was arranged to mark the International Day of Persons with Disabilities. The event was an initiative of the ECP’s Gender and Disability Electoral Working Group with an aim to promote the inclusion of persons with disabilities in the electoral process. Addressing the seminar, the ECP chief, Justice Sardar Muhammad Raza, said inclusive elections were fair elections where every citizen, including persons with disabilities, was able to play his or her role. The CEC referred to the equality of all citizens under Article 25 of the Constitution of Pakistan. The Secretary of ECP, Babar Yaqoob Fateh Muhammad, said that the ECP was striving to create a conducive environment for the marginalized groups for equal representation and participation in the electoral process. He said the ECP welcomed partners both from within and outside the country to work along with the ECP to promote inclusive elections. He said the ECP was planning to have all the polling stations accessible in the next general elections. Head of DFID, Joanna Reid, congratulated the ECP for organizing this event and said that the UK remained committed to supporting the social and economic development of Pakistan. She said participation in the electoral and political process was crucial for persons with disabilities to have a voice in the decision making process. Joanna Reid said, “We must continue to work together to ensure that all persons with disabilities who are of voting age are registered as voters and have access to voting.” Other speakers highlighted the evolution of disability rights movement in the international context and referred to the various recommendations of the civil society. They said inclusion should be at the core of election planning and implementation.
ISLAMABAD: The Directorate of Political Finance of the Election Commission of Pakistan (ECP) has started the process for scrutiny of statement of assets and liabilities of the legislators, and, as a specimen, ten such cases (representing each sector, including industry, business and agriculture) will be put before the Commission on Monday. “We began the exercise Thursday, sat today [Friday] and will be in office for this purpose Saturday and Sunday, as classification of documents of over 1,100 legislators is also being carried out,” a senior ECP said, while talking to The News here. He maintained that side by side with the classified statement of assets and liabilities of the members of Parliament and the four provincial assemblies, the directorate would be eager to know what the ECP would decide on the ten selected cases, being furnished for presentation on Monday. The ECP formally approved the summary for scrutiny of fortunes and liabilities (for the financial year 2015-2016) of the lawmakers early this week. Meanwhile, the Chief Election Commissioner (CEC), Justice (R) Sardar Muhammad Raza has said inclusive elections are the fair elections where every citizen of Pakistan including persons with disabilities is able to play his or her role. He stated at the seminar held at the ECP to mark the international day of persons with disabilities. An initiative of the ECP’s Gender and Disability Electoral Working Group, the seminar was aimed at promotion and inclusion of persons with disabilities in the electoral processes. The CEC referred to the equality of all citizens under Article 25 of the Constitution of Pakistan and highlighted the significance of a concerted effort by all stakeholders including the ECP, civil society organisations, media and political parties. ECP Secretary Babar Yaqoob Fateh Muhammad said that the Commission was striving to create conducive environment for the marginalised groups for equal representation and participation in the electoral process. “ECP welcomes partners both from within and outside the country to work along with us to promote inclusive elections,” he maintained. He said that the ECP was planning to have all polling stations accessible in the next general election. Head of DFID, Joanna Reid, congratulated the ECP for organising the event and said that the “UK remains committed to supporting the social and economic development of Pakistan”. She emphasised that participation in electoral and political processes was crucial for persons with disabilities to have a voice in decision-making processes. She added, “We must continue to work together to ensure that all persons with disabilities who are of voting age are registered as voters and have access to voting.” Speaking on the occasion, Shabir Ahmed, Country Director IFES, Atif Sheikh Chief Executive STEP highlighted the evolution of disability rights movement in international perspective and referred to the various recommendations of the civil society and they contended that inclusion should be at the core of election planning and implementation. Zafar lqbal Hussain, Additional Secretary (Training) ECP, presented vote of thanks.
THIS year, Pakistan’s women activists are observing 16 days of activism against gender violence (Nov 25 to Dec 10) with greater fervour than previously. At the same time, no sooner is a law to curb forced conversions adopted in Sindh than the orthodoxy is out in battledress to kill it. The fight for women’s rights in this country is going to get even more bitter. Our women suffer every possible form of deprivation, insult and injury. Over the years, they have also won a few concessions in the form of somewhat favourable laws and policies. They have scored these successes largely through their own struggles. They have certainly received some support from governments, though more in the form of rhetoric than benevolent measures. And they have been helped by a tiny percentage of men who can risk being taunted by big, burly clerics as wives’ ‘slaves’, or worse, as the West’s ‘stooges’. Each year, the women of Pakistan march a step forward and are pushed more than two steps back by the formidable knights of orthodoxy, patriarchy and pseudo-religious militancy. Thus, on balance, year by year the condition of women becomes bleaker and bleaker. Why is this so? But let us first pay some attention to the women’s dirge. There is no systematic monitoring of the impact of women-friendly legislation. At most of the meetings held in connection with 16 days of activism, the audiences were reminded of Pakistan’s being the third most dangerous country for women in the world, where 90pc of women experience some form of violence, and where the daily violence chart shows six women abducted, another six murdered, four molested and three driven to suicide. Some other indicators of women’s plight include the Gender Gap Index 2015 that found Pakistan second from the bottom among 145 countries; the maternal mortality rate that shows Pakistan has slipped from 147th to 149th position in global ranking; and other disturbing figures showing that 55pc of girls do not go to school and 35pc are married before they turn 16. While no form of women’s oppression can be condoned, violence is the worst affliction they are subjected to. And we use the term violence in the broad sense it has been defined by WHO ie “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation”. That violence against women is on the increase cannot be denied. The causes are known: the state’s growing reliance on physical force to settle any matters; brutalisation of society especially as a result of indiscriminate hangings; legalised and illegal torture/ detention cells; social customs that discriminate against the poor; the spread of evil customs of vani and swara, from peripheral districts to metropolitan centres; and poor implementation of women protection laws. The state has displayed neither the will nor the capacity to tackle these issues. While there is some hue and cry when a Qandeel Baloch is murdered by a family member, few attempts are made to deal with less visible violence that women like her undergo. Sindh has been criticised for raising the marriage age for girls to 18 years and extraordinary efforts are being made to block similar laws in other provinces. The laws made to curb violence against women run into two big obstacles. Firstly, they could be denounced by the Council of Islamic Ideology; its edicts against the Sindh child marriage law or the protection of women acts of Punjab and Khyber Pakhtunkhwa are glaring instances. Secondly, they may not produce the desired result for want of serious effort in implementing them. The Punjab Protection of Women Against Violence Act is very much in force, but even magistrates are not aware of this fact. Moreover, there is no systematic monitoring of the impact of women-friendly legislation. Have the authorities assessed the effectiveness or otherwise of the law to protect women against social evils? Above all, violence against women, or any form of discrimination against them, cannot be curbed by only punishing the criminals directly responsible for such acts. The evil of women’s persecution cannot be fought without adopting a two-pronged strategy for their uplift. Firstly, all those who preach hatred against women, from any pulpit or any platform, must be treated as criminals. Secondly, women must be offered the fullest possible opportunity for economic independence and advancement. This can be done, for instance, by eliminating unpaid women’s labour in agriculture, and by opening up to women jobs in sectors where they are still unwelcome. A fair deal for Pakistan’s women would require political will and a multidimensional drive to ensure more attention towards them in the Vision 2025 projects than is visible at the moment and meaningful interpretation of the Sustainable Development Goals; these two programmes will offer measures for women’s progress or lack of it that no government can ignore. Tailpiece: Sixteen months have passed since Zeenat Shahzadi, a young human rights activist, who dreamed higher than her family’s means permitted, was picked up from a bus stand near her home in Lahore. Her crime: she represented an Indian woman whose young son had ‘disappeared’ in Pakistan while trying to rescue an internet friend in distress. That man was traced and is now in prison for trying to be a good Samaritan. He is alive and his mother can hope to see him. But hope is deserting Zeenat Shahzadi’s mother; she is not sure if her daughter is alive. The Commission of Inquiry into Enforced Disappearances looked at her file again in Lahore last Thursday. It only looked at the file. It had no word of cheer for Zeenat’s mother. The investigators’ faces — and perhaps their hearts too — were as impassive as ever. The inspector general of police was told to appoint a new investigation team! What more horrible example of violence against women could be offered during these 16 days of activism?
THE transfer of electoral rolls from Nadra to the Election Commission of Pakistan may seem like an obscure bureaucratic exercise that has little substantive relevance to the holding of free and fair polls at the time of the next general election. In reality, however, the process of transferring electoral rolls — done as per an agreement between the ECP and Nadra — indicates just how far off the agenda poll reforms and the holding of meaningfully free and fair elections have fallen. According to a recent report in this newspaper, no less than an ECP member himself raised concerns about the electoral body’s capacity to handle an electronic databank of approximately 100m voters. Moreover, the procedure for adding new voters to the electoral rolls has yet to be determined. These developments reiterate at least three flaws with the electoral process in the country. First, the holding of free and fair polls, while vital to the democratic process, is inherently a technical and bureaucratic exercise. Within that process, the sanctity and accuracy of electoral rolls is paramount — if the list of voters itself is compromised, tampered with or in some way incomplete, voters are disenfranchised and the electoral process is damaged. Incomplete and inaccurate electoral rolls are a historical problem that surely should now finally be resolved. Second, the stalled ECP reforms continue to be a troubling road block in the quest for free and fair polls. While parliament has gone to the extent of passing a constitutional amendment to modify the composition of ECP membership, the quantum of resources, the staff and the powers at the disposal of the body are still areas of significant problems. Ultimately, the ECP can only be effective if the orders issued by its members are implemented scrupulously and in a disciplined manner across the country. The ECP apex consists of four members and a chief election commissioner, but below it sits a vast implementing system — and it is often at those tiers, especially at the local level, that problems arise. Thus far, the very valid needs and enhanced resource allocation for the ECP are matters that have largely been ignored. Third, are overall electoral reforms really a part of the government and combined opposition’s agenda? While some persistent MNAs continue to pursue specific electoral reforms, the parliamentary committee responsible appears to have all but run out of steam. Electoral reforms cannot happen without parliament’s interest and attention. Published in Dawn, November 23rd, 2016
ISLAMABAD: It will cost over Rs 80 billion to go for electronic poll in general elections as Pakistan will need 360,000 Electronic Voting Machines or EVMs to hold general elections. and certainly nobody but Finance Minister Ishaq Dar can provide the huge funds for purchase of the machines.
