Safeguarding electoral rights of candidates, voters: Fafen urges government to provide guidelines to provinces

Free and Fair Election Network (Fafen) has urged federal government's to provide guidelines to the provinces for safeguarding the electoral rights of contesting candidates and voters, and also suggested the Election Commission of Pakistan (ECP) to hold local government elections in phases.
Addressing a press conference here on Friday, Fafen representatives said the proposed federal guidelines for the LG polls could become the basis for all four provinces to amend their respective electoral laws to bring uniformity in the conduct of elections and protect citizens' electoral rights. Fafen has proposed a framework legislation under Article 140-A (2) to provide such guidelines to provinces, so that the provinces could adhere to the basic definitions and principles stated in the Constitution and subordinate legislations, such as the definition of a voter in Articles 51 and 106 and Section 6 (2) of the Electoral Rolls Act 1974.
They said the best way forward to eliminate current impasse was to hold local elections in phases as deemed appropriate to ease the administrative burden and ensure quality. The phases may be separated maximum a week's time. The first phase, in a low population districts where preparations can be made, may start on December 7, 2013 as expression of the resolve of provincial governments to devolve power to the grassroots level. However, the quality of these elections should not be compromised and ECP must ensure that the electoral rights of voters and candidates are safeguarded.
This phased election model has successfully been implemented in two previous local elections in Pakistan and is being used in some other countries as well. Fafen strongly demanded that the local government elections would also be held in Islamabad Capital Territory, Cantonment Areas and in Fata.
Albeit the operational complexities, the federal government will have to make ideal constitutional or otherwise legal changes that are necessary to remove the confusion about the role of ECP vis-a-vis its functioning under provincial legislation and fully empower the provinces. Constitution under Article 140-A (2) holds the ECP responsible for Local Government, while ECP being a federal body, according to constitution's Article 222, acts on laws provided by the Parliament. In the absence of a clear legal guidance, the ECP is being required to function under laws devised by the provinces.
Constitutionally, however, any ECP action may be subject to future legal challenges. Terming the provincial legislation weak and confusing in particularly election-related areas, Fafen representatives said the Constitution mandated the ECP as the custodian of the electoral rights of citizens. It also believes the ECP should be authorised to make local government election rules and regulations to be implemented by all provinces.
Fafen representatives acknowledged the role of higher judiciary for its persistent interest in establishing legislation on local government in line with Article 140-A of the Constitution, but also urged the judiciary to direct the federal government to immediately finalise necessary legislation in that regard.
The framework legislation, according to Fafen, can ensure that the citizens' basic electoral rights and processes including qualification of voters, eligibility of candidates, periodicity of elections, voting and counting processes, minimum quota for reserved seats for women, minorities, peasants and workers, criteria for reservation of seats, eligibility of candidates on reserved seats, responsibility for preparation of voter rolls, basic principles for delimitation, election complaints handling and election dispute mechanisms as defined in the Constitution and subordinate federal legislations are protected.