Code of conduct for elections

The draft Code of Conduct circulated by the Election Commission of Pakistan for the political parties is quite elaborate, made so by factoring in additional conditions and controls in order to keep the election temperature under manageable limits.
The 36-point draft has been sent to some 90 political parties registered with the commission, with the request that they may send their feedback by November 3 to help finalise the code. By and large, the draft code is restrictive in nature, in that it tries to keep - quite unrealistically - the controversial foreign policy-centred issues out of electioneering focus.
An attempt seems to have been made to keep some sensitive issues of great public interest and concern beyond the pail of public debate during the general election. Maybe such chicanery is more in line with bureaucratic caution dictated by the prevalent political tensions than a schematic fiat that some officials in cushy slots have specialise in.
But, for sure, the draft code would be vigorously contested by the parties from their public standpoints. For instance, the Muttahida Majlis-i-Amal (MMA) would contest the ban on debating the foreign policy; the Pakistan Muslim League (Q) will reject the ban on criticising "unverified allegations and distortions" imputed to rival leaders, and the All Parties Democratic Movement (APDM) would like to lambaste military operations and 'interference' by armed forces in politics.
However, one would not like to trivialise the ECP's concern that peace and tranquillity should prevail during the forthcoming general election. Rather, it makes sense that the commission has dealt in quite some detail with the selection of venues for public meetings and routes for rallies and processions.
The code does not envisage a ban on rallies but it clearly spells out certain rules of the game for rallies and processions - with the twin objectives of ensuring unimpeded flow of traffic and that the processions do not come into clash by moving in from opposite directions.
Traffic jams are already nightmarish, negatively impacting the life of the common man and normal business activity and travel. Fully cognisant of the ways and means employed by political leaders to create huge public receptions and million-marches, an average Pakistani is not likely to be impressed by big public meetings and large rallies.
This is circa 2007; gone are the days when the voter could be hoodwinked by such political antics. Thanks to ubiquitous media reporting the voter has a fairly correct assessment of politicians and political parties, and given the opportunity to freely cast his vote he would make the right choice.
So the ECP would be doing a great service to the nation by creating an ambience in which free, fair and transparent elections can be held. Having said that, we would like to make a few suggestions, which, we believe, would help the Election Commission of Pakistan in quitting itself well with its onerous duty of holding these most crucial elections for the country.
Firstly, the specific restraints on bringing up issues with respect to foreign policy, political corruption and military operations need to be relaxed, if not totally removed. Haven't we seen in the United States, said to be almost a perfect democracy, the presidential candidates making most slanderous attacks on Pakistan, which is a "friendly" country?
Then, how can a candidate establish his claim of superiority over his rivals if he is not to talk about the latter's moral standards? Likewise, the ongoing military operations in Balochistan and tribal regions are a reality and it would be impossible to keep them out of bound for election debate.
Instead of issuing its guidelines the ECP would be well advised to apprise the political leadership of the various constitutional and legal parameters that regulate the relationships between individuals and institutions in various spheres.
For instance, Article 19 of the Constitution that deals with freedom of speech protects "friendly relations with foreign states".
Secondly, limiting election expenses at Rs 1.5 million and Rs 1 million for the National Assembly and Provincial Assembly candidates is too unrealistic to be complied with. And what about non-Muslim candidates whose constituencies are country-wide?
And, finally, how would the ECP ensure adherence to the Code of Conduct, with as small a network as it has and the exercise of its powers depending upon the administrative authorities in the Federation and provinces?
Pakistan needs to have a fully functional full-time election commission preferably with a service cadre of its own. These suggestions may seem to be a tall order but the alternative could only be failure in undertaking a credible election exercise, which is too horrendous to be contemplated.