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2008 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	58
16	Are citizens able to participate equally in the political process?	40

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: A citizen who has attained the age of 18 years on the first day of January 2002 shall be eligible to vote.

References: Manual of Elections Laws, Ishfaq Ali, Danial Law Publishers, Lahore

Conduct of General Elections Order 2002, article 7A

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments: The duration of parliament is fixed under the Constitution of 1973: The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

According to the constitution, election of National Assembly and provincial assemblies is held after five years. The members of upper house of parliament (Senate) are elected for six years. Election for half of the total seats is held after every three years. But, in practice, elections have never been held at the proper time. Gen. Pervez Musharraf's regime dissolved the Senate, which is never disbanded under the constitution.

References: Constitution of Pakistan 1973, articles 52, 224

Senate, article 59

Manual of Elections Laws,Ishfaq Ali

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: Women in many districts across the country, especially in the tribal belt and the most conservative districts of northwestern Pakistan, were barred from going to polling stations on election day, Feb. 18, 2008. All local media reported the ban on women voters. TV channels also ran news and features to highlight the discrepancy between the law and the practice of voting in elections.

References: Interview with Dr Mushtaq, July 25, 2008, Peshawar High Court Bar Room, Peshawar

Daily, The News International, Feb. 19, 2008

Daily Express, Feb. 19, 2008

Peer Review Comments: People were able to vote. Whether they were stopped or there was violence is a separate issue. According to The News on Feb. 19, people participated very well: [ LINK ]

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: Reports published in the local media after the Feb. 18, 2008, general election show that ballots were either snatched on their way to the polling stations or from the staff at the polling stations.

References: Interview with Dr. Mushtaq, July 25, 2008, Peshawar High Court Bar Room, Peshawar

Daily, The News International, Feb. 19, 2008

Daily Times, Feb. 19, 2008

DAWN, Feb. 19, 2008

Daily Express,Feb. 19, 2008

Daily Aaj, Feb. 19, 2008

Daily Mashriq, Feb. 19, 2008

Peer Review Comments: Some reports show that no party claimed any violation of secrecy. [ LINK ]

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: According to the constitution, elections to the National Assembly, Senate and the four provincial assemblies are held at regular intervals. The election to the National Assembly and provincial assemblies are held every five years. Half the members of the Senate are elected after three years on the basis of proportional representation by the respective provincial assembly. However, in practice, elections have never been held according to the schedule. In the 1990s, elections were held after two and three years. After 1999, when the elected government was dismissed by the army chief, elections were held in 2002. The last election was held in February 2008.

References: Daily News International, Feb. 20, 2008

Interview with Dr. Mushtaq, July 25, 2008, Peshawar High Court Bar Room, Peshawar

Peer Review Comments: The by-elections in 2008 were postponed on numerous occasions.

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments:

References: Constitution of Pakistan 1973, articles 15, 16, 17

Constitution of Pakistan 1973: Fundamental Rights, part II, chapter I

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: A non-Muslim citizen of Pakistan cannot run for the office of prime minister. The president shall also be a Muslim under the constitution.

A person who has held the office of prime minister for two terms can notrun for the office for a third time, under the Political Parties Order 2002.

References: Constitution of Pakistan 1973, article 41

Political Parties Order 2002, section 5.

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: In law, all citizens have the right to form and register a political party. But, in practice, forming and organizing a political party or a political group is not an easy task. It completely depends on the person's financial position and political status.

References: Qaiser Khan, leader of the Mazdoor Kissan Party, July 25, 2008, Peshawar High Court, Peshawar

Interview with Dr Said Alam Mahsud, provincial leader of the Pakhtunkhwa Milli Awami Party (PkMAP), July 26, 2008, Peshawar University Campus, Peshawar

Constitution of Pakistan 1973, articles 15-18

Political Parties Order 2002, chapter-II, Formation of Political Parties, etc.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: In law, the president and the prime minister must be Muslims.

In practice, not all citizens can run for a political office. Doing so is purely a finance matter, and not every citizen can afford to. Even running in a local election is a money matter, completely dependent on the individual's financial health.

References: Interview with Mohammad Tariq Tariq, provincial coordinator, Bacha Khan Foundation, July 27, 2008, Peshawar,

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: The opposition leader represents the opposition party in the legislature. In practice, however, there can be delays in nominating the opposition leader, as in the case in the Punjab Assembly after the general elections of Feb. 18, 2008.

References: Interview with Mohammad Tariq Khan, provincial coordinator, Bacha Khan Foundation, July 27, 2008, Peshawar

Interview with Qaiser Khan, provincial leader, Mazdoor Kissan Party, Peshawar