Electoral code of conduct

06 Jul, 2007

The Citizens Group on Electoral Process (CGEP) came up with a proposal in Islamabad the other day that it described as a model code of conduct, for consideration by the Election Commission of Pakistan, political parties and other stakeholders.
Much of it reiterates what has been the subject of public discussion for a while, such as that the upcoming elections should be held under neutral caretaker governments both at the Center and in the provinces, and that the law of the land should decide which political party, group or individual can contest elections.
Also echoing a dominant opinion, it says that the President should "not make any statement that defies or impinges on the legal and constitutional right of any Pakistani citizen or party to contest elections." Indeed, there is nothing new about these suggestions.
Opposition leaders and civil society representatives have been making similar assertions with varying degrees of emphasis, but to no avail. Yet it is imperative that these issues are discussed and debated in detail between different stakeholders and brought to a satisfactory resolution before the official start of the election season.
The proposed code devotes considerable attention to the President's role in partisan politics, averring that he should neither attend any public meeting, rally or congregation organised for the benefit of a political party or alliance nor promise or announce any special or preferential package or programme from public funds for any constituency or area at least six months prior to the run-up to the elections.
In fact, the Opposition parties have been crying hoarse over the issue, saying that as per the Constitution the President is a symbol of the federation, and hence is required to remain above partisan politics. But the Chief Election Commissioner (CEC), Justice Qazi Mohammad Farooq (Retd), took no notice of what he seemed to regard as unpleasant noises until last Saturday when he finally broke his silence to say that it was 'inappropriate' for the President to address public meetings that are political in nature.
The CGEP echoed another commonly held sentiment when it said that the CEC had to go beyond expressing displeasure and bring the conduct of the President as well as that of other players under a set of rules. Which is a vain expectation given that the Election Commission lacks the independence that is necessary for it to act as a neutral arbiter.
In an interesting coincidence, an unnamed PML leader was quoted in a section of the press a day after the CEC's inappropriateness comment as having been told by the President that he would stop addressing the party [PML-Q] rallies, though only after the announcement of the general election schedule, that is, at the time of his choosing.
If the past experience is any guide, there will be a set of rules but devised by the government. That needs to change. Any such rules must be in consonance with the demands of fair play. As CGEP pointed out, in mature democracies, including India, an electoral code of conduct is a product of consensus between governments, political parties and election administration.
The same must happen here as well. At least, the Election Commission should hold consultations with the representatives of the Opposition parties and civil society groups in order to formulate a fresh code of conduct. And, of course, it must also ensure that all the players, whether in government or Opposition, observe it too.

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