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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	55
19	Are elections systems transparent and effective?	67

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: The Election Commission of Pakistan is the supreme agency that is formally assigned to ensure the integrity of the election process.

Interview with Jamal Khattak, advocate, PHC, Peshawar

Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: Yes, the Election Commission of Pakistan is protected from political interference.

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: It is not possible in the current environment to protect the judges who are in charge of elections comissions from political interference as they are under LFO.* [ LINK ]

Peer Review Comments: Despite the boycott of mainstream opposition parties, the Election Commission of Pakistan finalized the Code of Conduct for the upcoming parliamentary election of 2007-08. In doing so, the Election Commission itself violated the law.

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: [ LINK ]

"The two referendums held in December 1984 and April 2002 for securing the presidency for Ziaul Haq and Pervez Musharraf damaged the sanctity of the electoral process and the role of the Election Commission.

It is a well-known fact that some Pakistani intelligence agencies, especially the ISI, have periodically interfered in the electoral process to pursue the army's agenda. If free and fair elections are to be ensured, their role needs to be curtailed" *

* [ LINK ]

Peer Review Comments: Often the appointments made to the election commission support the government's position.

Peer Review Comments: The Election Commission of Pakistan (EC) finalized the Code of Conduct for the upcoming parliamentary election of 2007-08 ; the mainstream opposition parties have objected to some of the new policies. According to the PPP, PML-N and MMA, the EC is partial and they do not trust the current set up and policies. Senator Farhatullah Baber, of the PPP, argues that fair, free and transparent elections are impossible under the imposition of the [constitutional] emergency. The ban on debates about the internal and foreign policies of the government and the political role of some departments are unacceptable to the opposition political parties. The EC is seen by them as a disputed, biased and incomplete institution.

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: The reports may be delayed for various reasons, like counting and recounting or other causes.

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: This depends on who is ruling the country. When the rule remains with the Army, these penalties remain discretionary.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: It is usually not transparent due to the poor mechnism and meager resources of the Election Commission. This time, more than 2 million voters are missing from the voter lists, and the Supreme Court has ordered the Election Commission to ensure inclusion of eligible citizens in the fresh voters lists.

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: Voter's lists are often forged. Ghost voting is common.

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments: The elections can be contested in the The Election Tribunals and higher courts of the country.

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: President General Pervez Musharraf declared emergency rule in the country, suspended the country's constitution, and issued a new Provisional Constitutional Order (PCO). He also replaced the chief justice and judges. The Supreme Court was expected to rule soon on the validity of Musharraf's contentious re-election in November 2007.

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: In practice it is possible to challenge election results, but there is no guarantee a challenge will be effective.

Peer Review Comments: The appeals mechanism has been abused at times by parties or candidates seeking to delay the announcement of electoral results.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: 1- Disengaging the Military from Politics in Pakistan [ LINK ]

2-[ LINK ] the article is written by a well known writer * *[ LINK ]

Peer Review Comments: In elections during the regime of General Musharraf, military and other security forces, as well as secret service agencies, are widely seen to be supporting their political allies. In return, the military president is benefitting from his own created parliament so to be re-elected to another five-year term as the president of Pakistan.

Peer Review Comments: The interference of military and security agencies in elections is very common. More often they are used to alter the results of voting.

Peer Review Comments: Gen. Pervez Musharraf suspended Pakistan's constitution and deployed troops in the capital, putting emergency measures into effect. He replaced the chief justice and blacked out the independent media. Authorities began rounding up opposition politicians, cut phone lines in Islamabad and took all but state television off air. Police arrested Javed Hashmi, the acting president of exiled former Prime Minister Nawaz Sharif's party. Police also arrested major opposition leadership Imran Khan, judges, lawyers and civil society activists .

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments: International election observers, such as the European Commission and other international agencies can moniter the election process.

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Interview with Jamal Khattak, advocate, PHC, Peshawar

Peer Review Comments: Two French journalists arrested in Karachi for violating immigration laws 1- [ LINK ]

2-[ LINK ]

Press 'freedom' over a year Observers are allowed to visit but they are always shadowed by government machinary. Many foreign missions suggest their citizens avoid traveling alone or to some parts of the country. When that is the case, how it is possible to monitor independently?