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With 10 days to go for May 11 election the hope, if any, that 3.5 million registered overseas Pakistanis would cast their votes has faded away. The 15-month old petitions were disposed of on Monday by the Supreme with observation that the Election Commission of Pakistan was required to take appropriate action. Since the Commission has been insisting for some time now that given the constraints of finances and timeframe it would be next to impossible for it to undertake this responsibility the 3.5 million registered overseas Pakistanis are disfranchised in the context of upcoming polls, and violation of the Constitution.
They have the same right as home-based voters and their case is not very different from the voters placed in constituencies other than where registered. Given their keen interest in politics back home and their immense contribution to the country's foreign exchange supply it is indeed ironical that they won't have any say in electing their government. Of course there is an argument that if some countries give their overseas nationals the right to vote many others don't, and the latter category include our neighbour India with almost identical similarities. But our case is different from that class of countries given that we have the constitutional obligation as well as the national consensus that overseas Pakistanis should have the equal right. One other inhibiting factor is absence of legislation that should empower the Election Commission to make arrangements for polls in other countries. That the government could do it through an ordinance was possible but it was not done for reasons not fully explained. The ECP is absolutely right in saying that if done in hurry without putting in place the required arrangements to ensure transparency of the polls the entire effort could backfire, potentially jeopardising the entire electoral exercise. The question is why the government in general and the Election Commission of Pakistan in particular failed to firm up a system for this task when it was required to do so.
But even then in the existing situation it was physically impossible for the ECP to make foolproof, transparent arrangements for the overseas Pakistanis. The exercise demanded time sufficient enough that was not there given that the 60-day period between the dissolution of a government and the election for the next was too short. Perhaps with one more month at its disposal the Commission could hold polls in other countries. A number of pre-poll errands were to be undertaken. For one, the host countries' consent was required, which would have been given but it needed a timely action. Since a very large proportion of overseas voters are in the Gulf countries where democracy is yet a nascent phenomenon it would take time. But it was no real issue if taken up in time. A number of other countries, the Philippines for instance, hold polls for their expats in the Gulf countries without any let or hindrance. In fact, Pakistan Foreign Office too has secured permission from all except the UAE. So, in this the time is the essence. The other issue is polling arrangements. The NADRA insists that it is all set as it has developed a software which it says cannot be circumvented. But the ECP is not sure because it has not been used before. Then there is also the need for the voters to come to the polling stations which in a country like Saudi Arabia hosts over 1.7 million Pakistani voters, would be indeed a huge challenge for our embassy. The ECP would need hundreds of polling booths spread all over the place to be monitored by adequately trained staff. So all in all, there is no debate whatsoever about the need to enable the overseas Pakistanis exercise their right to vote. But it is also a fact that this is an enormous job, if and when undertaken has to be done with utmost seriousness. If the ECP has expressed its inability to help overseas Pakistanis - not alone in some selected countries - cast their votes its stance is correct. But that said it cannot be absolved of its responsibility to make all the efforts to ensure that they get the opportunity to join the nation in strengthening democracy in Pakistan. Perhaps, the keenness demonstrated by the Supreme Court was to make up for the rough treatment meted out to Dr Tahir-ul-Qadri in the court. While we agree with the court that no one should be allowed to interfere or cause delay in the elections but a person must not be condemned unheard.

Copyright Business Recorder, 2013

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