Press Release - October
21, 2007
ISLAMABAD – Upcoming polls in Pakistan require urgent steps by the
government to contain political violence, produce an accurate voters’ list,
curtail security agencies’ interference in the electoral process, ensure the
involvement of all political party leaders, and protect the rights of women
voters, an international delegation has concluded.
A Pre-Election Assessment Mission, led by former U.S. Senate Majority Leader
Tom Daschle and organized by the National Democratic Institute (NDI),
reached the findings after five days of meetings with government and
electoral officials, political party leaders, civil society and media
representatives, and international organizations. NDI has observed the
electoral process in Pakistan since the 1988 parliamentary polls.
Without such steps, crucial parliamentary elections due in January 2008 risk
being perceived as compromised and unrepresentative, and could lead to
deeper civil unrest and military involvement in politics.
“If the integrity of the elections is seriously compromised and not seen as
representative of the will of the people, the nation could face increased
civil conflict and the military could become further entrenched in the
nation’s political life,” the delegation warned in a nine-page statement.
The delegation found that violent incidents like the October 18 suicide
attack against Benazir Bhutto in Karachi and ongoing political and
religiously-inspired violence could increase as the national and provincial
assembly elections approach.
It urged the government, the Electoral Commission of Pakistan (ECP) and
political parties to “take immediate steps toward providing a safer
electoral environment.”
“The escalating violence and intimidation in Pakistan is creating an
atmosphere of fear and threatens to curtail the ability of parties and
candidates to freely engage in political activity.”
The delegation noted “widespread concerns among opposition political parties
and civic groups that the ECP lacks transparency and independence.”
It expressed disappointment that four major problems identified by an
earlier NDI Pre-Election Assessment Mission in May remain unresolved,
including the inaccurate voters’ list, lack of transparency during the vote
count, long-standing vacancies on the ECP, and the lack of regular meetings
with political parties.
“While current electoral rolls now contain many more names, election experts
have advised the delegation that they are no more accurate, with
approximately 10 million entries that cannot be verified,” the delegation
found in its statement.
The delegation received credible reports of attempts by intelligence and
security organizations to manipulate the electoral process, including
efforts to influence local polling officials and convince individuals not to
seek their party’s nomination or switch parties.
The mission expressed “deep concern” about the persistent instability and
lack of security in the Federally Administered Tribal Areas (FATA) and
southern Northwest Frontier Province (NWFP), saying it had also received
credible reports of threats by religious extremists against leaders of
secular and moderate religious party leaders.
Observing that Pakistan’s media frequently carry reports critical of the
government, the delegation however noted reports of “disturbing trends” in
government attempts to limit journalists’ activities, and a failure to
enforce journalists’ rights.
Stressing the need to ensure women’s right to vote, the delegation said it
was troubled to learn that all parties contesting a recent by-election in
Bajaur Agency in FATA agreed to ban women from voting.
The delegation made 21 recommendations to the government, the ECP and
political parties regarding the upcoming elections. Key among them are:
The ECP should:
* develop a formal process of regular consultations with political parties
and civil society on election procedures and policies;
* access the NADRA’s database of identity card holders in order to
strengthen the accuracy of the voters’ list; and
*publish the final voters’ list in electronic format.
The government should:
*terminate the involvement of intelligence agencies in the electoral
process;
*create a legal framework for all security agencies requiring that they be
politically neutral and not interfere in the political process;
*take all steps to prevent election-related violence and promptly
investigate and prosecute all attempts to disrupt the election process; and
*cooperate with judicial inquiries into the killing and abduction of
journalists and political party workers.
Political parties should:
* adhere to a code of conduct and refrain from employing violence during
the electoral period.
The government and police should:
* use their full authority to enforce the right of women to vote and the
right of the media to cover the elections in all areas of the country.
Detailed Report
STATEMENT OF THE NDI PRE-ELECTION DELEGATION TO PAKISTAN
Islamabad, October 21, 2007
This statement is offered by an international delegation organized by the
National Democratic Institute (NDI) that visited Pakistan from October 16 to
October 21, 2007. The delegation reviewed the political environment and the
framework for the upcoming elections for the national and provincial
assemblies, expected in January 2008.
The delegation included Tom Daschle (United States), former Senate Majority
Leader; Peter Manikas (United States), NDI Senior Associate and Director of
Asia Programs; and Sue Wood (New Zealand), former President of the National
Party. Sheila Fruman, director of NDI’s Pakistan programs was the
delegation’s chief consultant. The delegation was also assisted by NDI staff
members: Niaz Ahmed, Andrew Hall, and Mailis Orban. The delegation followed
and built upon the work of a previous NDI mission that visited Pakistan from
May 13 to 17.
The delegation sought to reflect the interest and concern of the
international community in achieving democratic, civilian governance in
Pakistan. It visited the Northwest Frontier Province (NWFP) as well as
Islamabad and met with government and electoral officials, including the
Prime Minister and Chief Election Commissioner, a broad spectrum of
political party leaders and leaders from civic and human rights
associations, representatives of the news media, and international
organizations. The delegation offers its findings and observations in the
spirit of international cooperation and recognizes that it is the people of
Pakistan who will ultimately determine the meaningfulness of the upcoming
elections. The delegation stresses that it did not seek to reach any final
conclusions on the 2007/2008 electoral process.
The delegation would like to express its appreciation to everyone with whom
it met. Without their taking time and sharing their knowledge and insights,
the delegation would not have been able to accomplish its work.
SUMMARY OF FINDINGS AND OBSERVATIONS
As parliamentary and provincial elections approach, international attention
is focused on Pakistan as never before. The stakes are high for the people
of Pakistan, the region, and the world. If the elections enjoy the
confidence of Pakistanis, they could help return the nation to a democratic
path and end eight years of increasingly unpopular military rule. Elections
that meet international standards could also help stabilize a nuclear power
and an important strategic ally in the war on terror, which is threatened by
escalating civil strife and political violence. If the integrity of the
elections is seriously compromised and not seen as representative of the
will of the people, the nation could face increased civil conflict and the
military could become further entrenched in the nation’s political life.
Shortly after this delegation arrived, former Prime Minister Benazir Bhutto,
in exile since 1999, returned to Pakistan. After being greeted by hundreds
of thousands of supporters, her caravan was the target of a suicide bombing
that killed approximately 140 people and left hundreds injured. The
incident, which was described as the bloodiest political event in the
nation’s history, sadly reminded the delegation of the violent episode NDI’s
previous mission witnessed in May of this year. On the eve of that
delegation’s visit, demonstrators in Karachi, protesting the suspension of
the Chief Justice of the Supreme Court, were attacked, resulting in the
deaths of 47 persons.
These incidents, as well as the continuing political and
religiously-inspired violence that plagues the nation, are deeply troubling
and could increase as the election approaches. This delegation believes it
is urgent for the government, election commission and political parties to
take immediate steps toward providing a safer electoral environment.
On October 6, General Pervez Musharraf was reelected president by an
electoral college. His decisions to seek reelection by the assemblies that
previously elected him, and to do so while remaining army chief, were widely
unpopular and the Supreme Court is currently hearing challenges to the
constitutionality of his reelection. President Musharraf has pledged to
resign his army post before his new term begins on November 15. The return
to a civilian-led government would be a first step toward building public
confidence in the electoral process.
The delegation
views Benazir Bhutto’s return to Pakistan as a positive step toward holding
more credible elections. Nawaz Sharif, also a former prime minister and
leader of the Pakistan Muslim League – Nawaz (PML-N), remains in exile. Many
Pakistanis will not view the upcoming polls as credible without the presence
of both party leaders in Pakistan contesting the elections.
NDI’s previous
delegation made several recommendations regarding election administration,
including the need for the election Commission of Pakistan (ECP) to fill two
provincial election commissioner vacancies through a consultative process;
improve the process for hearing election complaints; and correct the
electoral rolls. These problems remain. Regrettably, little has happened
over the past five months. Further delays could have very negative
consequences for the elections’ success. The delegation was told by the ECP,
however, that action would be taken on the delegation’s recommendations.
Other problems
identified in the previous delegation’s report continue unaddressed. These
include the need to open up the Federally Administered Tribal Areas (FATA)
to normal political activity; adopt measures to protect the right of women
to vote, especially in FATA, the Northwest Frontier Province (NWFP) and
Balochistan; and to issue and publicize government orders preventing the
security forces, including Inter-Services Intelligence (ISI), from
interfering in the political process.
Elections alone will not solve the problem of intolerance, exemplified by
the growing political violence; neither will they remedy the continuing
problems of poverty, religious extremism, and ethnic and sectarian strife.
The marginalization of the nation’s large, secular political parties has
prevented the establishment of a government able to a build a national
consensus around addressing these issues, which are destabilizing the
nation.
POLITICAL
ENVIRONMENT
The escalating
violence and intimidation in Pakistan is creating an atmosphere of fear and
threatens to curtail the ability of parties and candidates to freely engage
in political activity. Since the President’s attempt to remove the Chief
Justice of the Supreme Court last March, the security situation in Pakistan
has sharply deteriorated. As a result, the government’s ability to maintain
public order for the upcoming election is being questioned by many. As
previously mentioned, demonstrations in Karachi last May and the attack on
Benazir Bhutto this week resulted in dozens of deaths and hundreds of
injuries. In July, the government stormed the Red Mosque in Islamabad, whose
members had been terrorizing local shops they found offensive to Islam, and
who had also illegally occupied land in the federal capital and taken
Chinese nationals hostage. At least 70 persons were reported killed in the
government’s assault on the mosque. In late August, close to 300 Pakistani
soldiers were taken hostage by pro-Taliban militants in FATA; some have been
killed and the rest remain captives.
In addition,
the violence that has persisted in FATA is now seeping into areas of the
NWFP. Extremists in the southern districts of the NWFP have been attacking
video shops and barber shops that shave beards in an effort to enforce their
religious beliefs on residents of the province. Political violence has also
increased in the Province’s southern districts, which is discussed further
in this statement. The abduction and disappearance of political activists in
Balochistan, where an insurgency is calling for greater autonomy and control
over a larger share of the area’s resources, has been well-documented by
Human Rights Watch and the Human Rights Commission of Pakistan, a
well-respected non-governmental group.
As NDI’s
delegation in May noted, the government has frequently invoked Section 144
of the Code of Criminal Procedure, which permits local governments to ban
political activity. The law has been used selectively against opposition
parties. In addition, the government arrested many party activists in recent
months. Thousands of Nawaz Sharif’s supporters, for example, were arrested
and some were beaten on the eve of his attempted return to Pakistan in
September. The breakdown of public order, due to the actions of the
government and extremists, threatens to disrupt and impact the legitimacy of
the upcoming elections.
The election
preparations of two large secular parties, the Pakistan Peoples Party (PPP)
and PML-N, have been hindered because their leaders have been in exile for
many years. Several of the nation’s political parties have failed to develop
as modern political organizations, in part because their activities have
been subject to intervention by the military and security forces. Pakistan’s
parties, however, have also been the target of widespread criticism for
corrupt practices, highly centralized and often undemocratic procedures, and
for failing to fulfill their campaign promises while in office. This
perception of the parties is one reason why the 1999 coup was initially
welcomed by large segments of the population. While parties have taken some
initial reform steps, deeper changes are needed. The parties remain,
however, the only organizations capable of mobilizing the population to
support the policies needed to deal with the nation’s pressing problems.
RULE OF LAW
The importance
of preserving the independence of the judiciary has never been more critical
in Pakistan and cannot be overstated. While the nation’s lower courts are
often viewed as subject to political interference, the higher courts –
especially the Supreme Court – have been held in much higher esteem. The
public reaction to the President’s attempt to remove the Chief Justice of
the Supreme Court reflects the importance of the principle of judicial
independence to the people of Pakistan.
Pakistan’s
courts perform an important role in elections. Election Commissioners are
drawn from the High Courts and Returning Officers are also recruited from
the judicial system. Election Tribunals, which handle election complaints,
are also staffed by judges. Furthermore, election disputes are reviewed by
the High Courts and Supreme Court.
At least two
critical election-related issues are now before the Supreme Court: the
eligibility of President Musharraf to seek reelection and the
constitutionality of the National Reconciliation Ordinance, which in effect
removes the corruption charges against Benazir Bhutto. Decisions on these
cases are expected in the coming weeks.
MEDIA
While
newspapers frequently contain articles critical of the government and
independent television channels have proliferated in recent years,
disturbing trends are also developing. Numerous instances have been reported
in which the government has failed to effectively enforce the rights of
journalists or has actively sought to limit their activities. The
International Federation of Journalists (IFJ) has reported that several
journalists have been killed in recent years and Pakistani authorities have
failed to solve a single case. IFJ has also reported that the families of
journalists reporting on militants in the tribal areas have been targeted
for retaliation. NDI’s previous delegation noted that law enforcement
officials failed to intervene when the offices of Aaj TV were attacked in
Karachi during the May 12 riots.
According to
Reporters Without Borders, in 2006 at least 10 journalists were kidnapped by
security forces, some for a few days, but others for up to three months. The
delegation is concerned about numerous reports of government attempts to
intimidate the electronic and print media. In addition, a recent report of
the International Committee to Protect Journalists states that Pakistani
police filed complaints against approximately 200 journalists charging that
they defied a government ban on political rallies.
ELECTORAL PROCESS
Election
Commission of Pakistan
The ECP
consists of five members appointed by the president and is responsible for
administering elections in Pakistan. There are widespread concerns among
opposition political parties and civic groups that the ECP lacks
transparency and independence. Broad public confidence in the ECP is
integral to public acceptance of the results of the upcoming election. In
the long term, ensuring the independence of the ECP may require
constitutional changes in the appointment of the Chief Election Commissioner
and the Election Commission members.
NDI’s previous
delegation identified four major problems that needed to be addressed by the
Election Commission: the failure to hold formal and regular meetings with
the political parties to discuss ECP policies and procedures; the inaccuracy
of the voters list; insufficient transparency during the vote count; and the
long-standing vacancies on the Commission. The delegation was disappointed
that these problems remain unresolved, although assurances were received
from the ECP that some of them would be corrected.
Open dialogue
between the ECP and political parties on election preparations could go a
long way toward alleviating concerns about the election process. Although
members of the ECP have occasionally met with representatives of the
political parties, they have not engaged the parties in formal and regular
meetings to share information and address concerns. The lack of a meaningful
dialogue has resulted in a loss of confidence in the work of the ECP.
Throughout the
mission, major concerns were raised about the quality of the voters list
currently being prepared by the ECP, as they were during the Institute’s
mission in May. An accurate and complete voters list is a fundamental
necessity for any credible election. Without a credible voters list, the
election results could be suspect. The current electoral rolls, compiled
through a process of door-to-door enumeration, resulted in a draft list with
approximately 20 million fewer entries than the list used during the 2002
general elections, despite a lowering of the voting age. The omission of
millions of eligible voters prompted the Supreme Court to order the ECP to
add tens of millions of names from the previous list. While the current
electoral rolls now contain many more names, elections experts have advised
the delegation that they are no more accurate, with approximately 10 million
entries that cannot be verified. Moreover, women are considerably
underrepresented on the voters list.
NDI’s
pre-election mission in May recommended that the ECP make available
electronic copies of the full voters list to political parties and provide
the public with sufficient information on the voter registration process.
This delegation believes the opportunity for addressing the flaws in the
voters list is rapidly closing. It was a major oversight not to utilize the
existing database of Pakistani citizens compiled and maintained by the
National Database and Registration Authority (NADRA). NADRA has issued tens
of millions of computerized national identity cards, but its database was
not utilized in the preparation of the current voters list. Instead,
millions of dollars in aid from international donors was spent in the
construction of a voters list of questionable accuracy.
In light of concerns expressed by political parties and civic groups, the
delegation is apprehensive about the administration of the vote counting
procedures on election day. In past elections in Pakistan, election
observers have been unable to track the tabulation of votes all the way from
the polling station up to the election commission. The delegation welcomes
the provisions in the recently promulgated National Reconciliation Ordinance
(NRO) to address these issues, but it falls short of requiring the necessary
transparency for a credible tabulation process.
The delegation
received credible reports concerning attempts by ISI and other security
forces to manipulate the electoral process. These attempts include efforts
to influence local officials who are responsible for election administration
at polling stations and to convince certain individuals not to seek their
party’s nomination or to switch party allegiances. NDI’s previous delegation
recommended that the government should issue and publicize orders to
security forces, including intelligence services, stating that they must be
politically neutral and not interfere in the political process in any way.
The delegation continues to believe this recommendation is essential to
enhancing confidence in the elections. In addition, ISI operates in a legal
vacuum; it is not subject to laws adopted in a transparent matter by a
democratically elected legislature. A legal framework for the activities of
all intelligence agencies is currently lacking that would provide for the
political neutrality of these organizations. That framework could then
provide the basis for parliamentary oversight to ensure that intelligence
agencies do not interfere in the political process.
Pakistan’s
constitution provides that each of the nation’s four provinces will be
represented on the ECP. Nevertheless, the seats for commissioners from Sindh
and NWFP remain vacant. In May, the Institute’s delegation recommended that
the President fill the two vacancies at the ECP in consultation with the
political parties and civil society. The ECP has informed the delegation
that the President intends to fill the vacancies; however, there is no
indication that this will be done in a transparent and broadly consultative
manner.
Coordination of
Electoral Activities
Coordination
meetings involving many organizations supporting electoral activities are
taking place. As the election approaches, these meetings will be of
increasing importance in ensuring that electoral preparations are proceeding
in a timely manner and that the activities of the various organizations
involved in the elections are appropriately harmonized. Often these efforts
at coordination are ineffective because specific timetables and benchmarks
are lacking. More effective coordination can help to ensure that resources
are used more effectively and efficiently.
Caretaker
Cabinet
Pakistan’s
constitution provides that the President may appoint a caretaker cabinet
upon the dissolution of parliament to administer elections in a neutral
manner. The delegation was informed that the President plans on doing so. If
the caretaker cabinet is appointed without reaching a consensus among the
political parties, there is little public confidence that it will perform
its responsibilities in an unbiased manner.
Security
Either by
design or a lack of state capacity, the government’s writ does not extend
throughout much of the nation’s territory. In addition to frequent incidents
of political violence in various areas of the country, such as those in
Karachi on May 12 and October 18, the delegation is deeply concerned about
the persistent instability and lack of security in the FATA and southern
districts of the NWFP. The delegation received reliable reports that threats
have been made by religious extremists against the leaders of regional
secular parties and moderate religious parties in NWFP. Voters and
candidates in these regions must feel confident that they can safely
exercise their rights, without fear of retribution or intimidation.
Currently, political parties are concerned about the possible postponement
of the election in numerous areas. In addition, there are concerns that, as
in past elections, there will be “no go” areas, which were considered unsafe
for some parties to campaign freely.
The ECP has
indicated a code of conduct will be instituted for political parties, with
the aim of establishing clear guidelines for party activities and candidates
during the campaign period and on election day. If effectively implemented,
adherence to the code of conduct will be a welcome development as it could
reduce the incidence of political violence around the elections. With
concerted effort, election stakeholders could eliminate violence and
instability from the electoral period and create an environment in which
credible elections can be held.
Protecting the
Rights of Women
The
constitution of Pakistan guarantees the right to vote for all citizens,
including women. The delegation was troubled to learn about a recent
by-election in the Baujar Agency of FATA where the contesting parties – both
secular and religious – mutually agreed that women would be prohibited from
casting votes. This coordinated mass disenfranchisement undermines the
fundamental principle of democratic elections. The ECP has the authority to
nullify such elections, but has not done so.
Concerns about
the right of women to participate on election day have also been raised in
other parts of the country, such as Balochistan and NWFP. The delegation
received reliable reports that women in many areas have not had the
opportunity to cast votes without fear or intimidation. In many instances,
polling stations for women have not been adequately staffed and operated in
full accordance with the law in past elections.
DOMESTIC
ELECTION MONITORING AND INTERNATIONAL OBSERVING
The delegation
learned that the Free and Fair Election Network (FAFEN), a network of 26
civil society organizations, will be deploying 24,000 non-partisan election
monitors in all 272 constituencies. With the use of mobile units, the FAFEN
team will visit approximately 30,000 polling stations on election day. FAFEN
also plans to monitor and report on violations of the code of conduct, and
it promotes political electoral reforms.
International observers will also be present during the upcoming elections.
The delegation strongly supports these efforts and encourages the
international observers to
coordinate their efforts with domestic election monitors. Moreover, given
its size and the importance of these elections, Pakistan would benefit from
the participation of a large number of international observation missions.
RECOMMENDATIONS
The delegation offers
the following recommendations in the spirit of international cooperation and
with the hope that they will be helpful in promoting inclusive, transparent
and credible elections:
Election Integrity
The Election Commission
should:
- develop a formal
process of regular and timely consultations with the political parties and
civil society sharing views on routine election procedures and policies;
regular meetings should also be held with the political parties at the
national and provincial levels to discuss security issues and identify areas
expected to be especially troublesome as the elections approach;
- gain access to NADRA’s database of identity card holders in order to
strengthen the accuracy of the voters list;
- publish the final voters list in an electronic format, thereby avoiding
the time-consuming printing of the voters list that narrows the window
during which improvements can be made prior to the calling of elections;
- establish procedures in a timely manner whereby domestic and international
observers will be guaranteed access to all stages of the vote counting
process;
- instruct that election results announced at the district level include a
breakdown by polling station to improve the transparency of the vote
tabulation;
- require polling officials at each polling station to post the results in a
manner that is visible to the public immediately after the count at each
station is concluded;
revise the procedures for handling electoral disputes to ensure timely
adjudication and if necessary, timely redress; and ensure adequate training
for election day workers.
Governance
the government should
take all necessary steps to prevent election-related violence and promptly
investigate and prosecute all attempts to disrupt the electoral process;
the involvement of the intelligence agencies in the electoral process must
be terminated;
the government should create a legal framework for the security forces,
including intelligence services, requiring that they be politically neutral
and not interfere in the political process in any way; such a framework
should then provide the basis for parliamentary oversight to ensure
compliance with the law;
criminal laws
should not be used to impede political activity and no law designed to
protect public order should be selectively applied;
the President
should fill the two current vacancies on the ECP in full consultation with
the political parties and civil society;
the President should use the authority in the Constitution to establish a
neutral caretaker Cabinet in consultation with political parties and civil
society;
the government
should review the ban on political parties operating in FATA and work with
tribal leaders and political parties to normalize the political situation in
the tribal areas; and
the government
should cooperate with judicial inquiries investigating the killing and
abduction of journalists and political party workers.
Electoral Rights
the government
should use its full authority to improve the law-and-order situation,
particularly in FATA and southern districts of NWFP, to ensure that
campaigning can take place prior to, and voting on, election day;
political parties and other participants in the electoral process should
adhere to a code of conduct and refrain from employing violence during the
electoral period; and
the government and police should use their full authority to enforce the
right of women to vote and the right of the media to cover the elections in
all areas of the country.
Election Coordination and Observation
coordination of
all election-related efforts, including the work of the ECP, should include
specific timetables and benchmarks to ensure that resources are effectively
and efficiently utilized; and
the government, the ECP and political parties should fully cooperate with
domestic monitoring and international observation efforts.
For any questions, please contact Kathy Gest in Washington at +1 202 728
5535 or Sheila Fruman in Islamabad at +92 51 285 3548.
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