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2007 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?	75

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: All citizens of 18 years of age have the right to vote under the adult franchise law. The age limit to the right of vote was brought down under the 17th constitutional amendment.

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Masoodur Rehman, advocate, PHC, Peshawar

Peer Review Comments: Due to ID card system, it is very easy to [require voters to] produce ID cards and prevent anybody from casting their vote.

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

Score:

YES

Comments: Under the constitution, elections to the National Assembly (Lower House of the Parliament) and the four Provincial Assemblies shall be held every five years. The election of half of the members of the Senate (Upper House of the Parliament) is held every three years.

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

THE CONDUCT OF GENERAL ELECTIONS ORDER, 2002 (Chief Executive's Order No. 3 of 2002)

Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Masoodur Rehman, advocate, PHC, Peshawar

Can all citizens exercise their right to vote?

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

Score:

100

Comments: In some cases, in some backward areas, women are not allowed to go to polling stations and cast their votes. For example, in Upper and Lower Dir districts of the NWFP, women were disallowed through their menfolks' influence or through local jirga decisions to vote during the 2005 local government elections. A civil society organization, Aurat Foundation, working for women rights, launched an awareness campaign in these two districts to ensure women participation in the election and political process.

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Peer Review Comments: [ LINK ] many adults denied to issue an ID card if they do not declare in similar way, it is against the human rights that if someone is saying he/she is muslim and not being allowed to do so, for example if as an adult if i need an ID card of pakistan or passport of pakistan i have to decalre that Ahmedis are non muslim but in reality ahmedis claim that they are muslim

Peer Review Comments: There are cultural barriers restricting women's participation in elections, especially in the northern provinces of Pakistan. As for this new ID card system, everyone is expected to show his/her picture at the polling place, and the men of northern areas often object to have their female relatives' pictures taken.

Peer Review Comments: The Election Commission of Pakistan (ECP) has denied voting rights to 38 million people for the November 2007 elections. Most of the persons who have been denied their right to vote are women. In the previous elections, held in 2002, 71.86 million people were registered as voters. However, in contrast, the ECP has issued a list of only 56 million eligible voters for the upcoming election.

The primary feature of the electoral list is that it is based on a separate electoral system contrary, to the government's claim that elections are being held in a joint electoral system. The Ahmadiyya community names are listed separately from those of the Muslim and non-Muslim communities. The Ahmadiyya community faces further discrimination as a result of being listed separately from others.

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

Score:

100

Comments: In practice, ballots are secret, and are cast in a free and fair manner, but there can be instances where elements trying to infuence balloting intimidate voters...

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Shafiq Ahmad, journalist, Geo TV English channel, Peshawar

Peer Review Comments: I recomend this short clip about the secracy of ballots. [ LINK ]

1- King's party crossed all limits of rigging: PPP-P [ LINK ]

2- [ LINK ]

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

Score:

100

Comments: During the past 60 years, since the birth of this country, the democractic process has been interrupted by army interventions and most of the elected governments and assemblies were dismissed before the expiry of their tenures. On the whole, two thirds of the time the country remained under dictatorial rule.

This time elections were expected to be held on schedule, but there is an imminent delay in the holding of fresh elections. Political circles and parties are gearing for the upcoming elections scheduled later this year, but they are skeptical about this exercise being held this year.

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Shafiq Ahmad, journalist, Geo TV English channel, Peshawar

Peer Review Comments: There was no specific timetable or deadline for [the November 2007] election. Government decisions related to elections are considered uncertain and the confusion among political parties has been observed for the election to be held in 2008. Even the caretaker government is without the consensus of all political parties.

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: Under the constitution of 1973 citizens have the right to organize into political parties or join a political party, provided that no political party shall promote secretarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.

References: Article 17, of the Constitution of Pakistan, states: (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of (sovereignty or integrity or Pakistan, public order or morality).

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or public order and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, or public order, the Federal Government shall, within 15 days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

Barrister Masood Kausar: In theory, it is yes. However, in cases of extreme poverty, such as tenants of landlords and feudal lords, the court can ensure their right to vote.

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

Score:

YES

Comments: Yes, but some basic qualifications are required for running for political office, such as academic qualification: the candidate should have a B.A. (Bachelor of Arts) degree and possess personal integrity.

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

Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Peer Review Comments: [ LINK ]

Page 14 (24 of 74) explains how having earned a Bachelor's degree was required to enter an election contest and many conventional politicans who did not meet this requirement were ineligible to run for political office, opening a new door for corruption.

2- MMA reference against Aamir [ LINK ]

Peer Review Comments: Minority members cannot run for the office of Prime Minister.

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:

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Peer Review Comments: In practice, some barriers to forming new political parties exist.

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

Score:

100

Comments:

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, 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:

References: Interview with Masood Kausar, barrister, ex-speaker, Provincial Assembly NWFP, Peshawar

Peer Review Comments: In an interview with MNA Khalida Mohsin Qureshi from Muzaffar Garh, he explained that opposition parties are never given the chance to bring any positive change.