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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Political Financing
Indicators		Score
20	Are there regulations governing political financing?	71
21	Are the regulations governing political financing effective?	25
22	Can citizens access records related to political financing?	33

Indicator and sub-Indicator Details

Are there regulations governing political financing?

20a: In law, there are regulations governing private contributions to political parties.

Score:

YES

Comments: Justice Qazi Muhammad Farooq, chief election commissioner of Pakistan, had repeatedly drawn attention to the political parties that they should submit to the Election Commission a consolidated statement of accounts duly audited by a chartered accountant by Aug. 29, 2007.

The law is there, but the donations given to political parties are not shown in black and white.

References: Under article 13 of the Political Parties Act 2002, all those parties not submitting their accounts to the Election Commission by due date, would not be issued election symbols for the forthcoming general elections.

In terms of Article 14 of the Political Parties Order 2002, a party which fails to submit its statement of accounts under Article 13 will not be eligible to obtain election symbol for contesting elections for Majlis-e-Shoora (Parliament) and Provincial Assemblies.

Interview with Jamal Khattak, advocate, PHC, Peshawar

20b: In law, there are limits on individual donations to candidates and political parties.

Score:

YES

Comments: Since they are not shown to the governement, the donations to political parties can not be checked. As such, no limits are placed on private donations to political parties or candidates, because the parties hardly ever declare or make public the donations or contributions they receive.

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

Peer Review Comments: There are no limits on political donations by individuals, nor are there any effective checks.

20c: In law, there are limits on corporate donations to candidates and political parties.

Score:

YES

Comments: The actual limit on the size or amount of a donation is not known to the public or declared to the Election Commission. However, political parties file their statements of accounts and expenditures with the commission. The individual candidates also submit statements of assets to the Election Commission but they never declare private donations or contributions.

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

Peer Review Comments: Some journalists (for example, Hamid Mir) appearing on live shows have asked questions of ministers about donations that were not declared to the Election Commission, but these are easy to deny because there is no accountability in place.

20d: In law, there are limits on total political party expenditures.

Score:

YES

Comments: In law, the spending of the political parties on election campaigns is restricted, but in practice it is not generally followed, and the candidates and political parties both violate the expenditure cap.

References: The Election Commission of Pakistan puts limits on the election expenditure of individual candidates and political parties. These limits may be revived from time to time. After the election process, the candidates and political parties submit their statements of expenditures on elections.

Interview with Jamal Khattak, advocate, PHC, Peshawar

20e: In law, there are requirements for disclosure of donations to political candidates and parties.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are any requirements mandating the disclosure of financial contributions to political parties or candidates. NO: A NO score is earned if there are no requirements mandating the disclosure of contributions to political parties or candidates, existing regulations do not require a donor\'s name or amount given, or the regulations allow for anonymous donations.$

Comments: THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976) Jan. 4,1977

26[(3A) Every returned candidate shall, within ten days from the poll of an election, submit a return of election expenses in accordance with the provisions of section 50.]

(4)The Commission shall publish in the official Gazette the name of the returned candidate.

27[Provided that the result of a returned candidate shall not be published who fails to submit the return of expenses specified in subsection (3A)].

28[42A.Yearly submission of statements of assets and liabilities.(1)Every member shall, on a form prescribed under clause (f)of sub-section (2)of section 12, submit a statement of assets and liabilities of his own, his spouse and dependents annually to the Commission by the 30th day of September each year.

References: THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976) Jan. 4,1977

Interview with Jamal Khattak, advocate, PHC, Peshawar

POLITICAL PARTIES RULES, 2002 ELECTION COMMISSION OF PAKISTAN NOTIFICATION Islamabad, July 23, 2002 In exercise of the powers conferred by Article 19 of the Political Parties Order, 2002 (Chief Executive's Order No. 18 of 2002), the Election Commission, with the approval of the President, is pleased to make the following rules:- 4. Submission of statement of accounts.-Every political party shall maintain its accounts in the manner set-out in Form-I indicating its income and expenditure, sources of funds, assets and liabilities and shall, within sixty days from the close of each financially year (July--June), submit to the Election Commission a consolidated statement of accounts of the party audited by a Chartered Accountant, accompanied by a certificate, duly signed by the Party Leader to the effect that no funds from any source prohibited under the Order were received by the party and that the statement contains an accurate financial position of the party.

5. Financial transactions within a party.-All financial transactions within a party shall be entered in the statement of accounts submitted under rule 4.

20f: In law, there are requirements for the independent auditing of the finances of political parties and candidates.

Score:

YES

Comments: Fortunately, Pakistan inherited reasonable political and legal infrastructure from the British Empire when independence was obtained. However, because of the peculiar political and economic vested interests, the country could not maintain it, much less develop it.

References: The Political Parties Act 1962

And

THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976) Jan. 4,1977

Political Parties Order, 2002

Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

20g: In law, there is an agency or entity that monitors the political financing process.

Score:

YES

Comments: The Election Commission is the major organization that monitors and checks the auditing and expenditures of political parties.

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: But election commission's own credibility is doubtful keeping in view the election of presidents of pakistan once Zia ul haq and now for General Musharaf

Are the regulations governing political financing effective?

21a: In practice, the limits on individual donations to candidates and political parties are effective in regulating an individual's ability to financially support a candidate or political party.

Score:

100

Comments: In law there are limits, but people do not abide fairly to them.

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

21b: In practice, the limits on corporate donations to candidates and political parties are effective in regulating a company's ability to financially support a candidate or political party.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

21c: In practice, the limits on total party expenditures are effective in regulating a political party's ability to fund campaigns or politically-related activities.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: [ LINK ]

There is a draft Election Code of Conduct proposed by the Citizens Group on Electoral Process but it never observed.

21d: In practice, when necessary, an agency or entity monitoring political financing independently initiates investigations.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: 1- [ LINK ] keeping in view this report and

2- [ LINK ]

It seems agencies cannot do anything.

21e: In practice, when necessary, an agency or entity monitoring political financing imposes penalties on offenders.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: 1- [ LINK ]

If "when necessary" means "according to the political situation of the Army" then this is true.

21f: In practice, contributions to political parties and candidates are audited.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: This has never happened, and if sometime some cases were drawn to public attention, it was only to apply pressure on political opponents.

Can citizens access records related to political financing?

22a: In practice, political parties and candidates disclose data relating to financial support and expenditures within a reasonable time period.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: The data provided is not reliably accurate.

[ LINK ]

Peer Review Comments: The process is mostly a formality, and offers no stringent checks on the disclosed information.

22b: In practice, citizens can access the financial records of political parties and candidates within a reasonable time period.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: interview on 21st october with Qasim sial , column writer,Tv presenter,and Banker ,Multan

Legally citizens have the right to access the financial information and records through the Election Commission , but reaching the Election Commission is not possible for the common person, nor will the Election Commission provide information in an easy way.

Peer Review Comments: Even if you manage to obtain access, the information on record is not reliably accurate.

22c: In practice, citizens can access the financial records of political parties and candidates at a reasonable cost.

Score:

100

Comments:

References: Interview with Sheikh Jamil, ex-bureaucrat, Peshawar

Peer Review Comments: Such inquiries don't happen in Pakistan. No one asks and there is no awareness of any right to this information.