The National Democratic Institute (NDI) has sent a letter to the Election Commission of Pakistan (ECP) detailing recommendations of political parties about free, fair, impartial and transparent election.
Representatives of a number of political parties expressed these views in a series of roundtable conferences organised jointly by the National Democratic Institute and the Centre for Civic Education (CCE), in which they discussed issues relating to the conduct of election. The text of the letter sent by the NDI to Kanwar Dilshad, Secretary Election:
COMPOSITION OF THE ECP: Members of the ECP from NWFP and Sindh have still not been appointed despite repeated recommendations to do so. Important decisions about elections are being made in the provinces with no representation on the ECP. ECP should be fully constituted, as per the Constitution.
VOTERS LIST: The (voters' list) is a critical tool for political parties to identify supporters and get out the vote on election day. The ECP had previously announced that the final voter's list would be available as soon as the election was called but to date it is still not available in many districts.
In compliance of an order of the Supreme Court, the voters list should be made available immediately to all contesting parties and candidates in hard copy, electronic form and posted on the ECP website.
LIST OF POLLING STATIONS: This was a matter of considerable concern about the negative impact of so-called "ghost" or improvised polling stations. To build confidence in the transparency of the elections, the final list of polling stations should be made available to all contestants and put on the ECP website at least two weeks prior to the election date.
CODE OF CONDUCT: Many recommendations about the draft Code of Conduct submitted to the ECP by political parties have not been incorporated in the final Code of Conduct and, resultantly, there were numerous issues related to the final Code including: It was unclear what happens to a complaint once it is filed with the ECP. It was pointed out, for example, that a candidate for NA 265 and Provincial Assembly PB Dera Bugti, Sarfaraz Bugti, was detained by security agencies on November 18 without charge. His father filed a complaint to obtain his release so he could file nomination papers. The complaint was forwarded to the Chief Secretary Sindh on November 26 after the deadline for filing nomination papers.
So far, the complainant has been denied information about the status of the complaint and Bugti still remained in jail, having been prevented from filing his nomination. A rationale for actions and decisions of the ECP regarding submitted complaints should be given to the complainant.
A clear and transparent complaint submission and adjudication system or Code of Conduct violations should be communicated to all the Stakeholders to ensure clarity and accountability. Political parties and candidates are required to comply with the Code of Conduct but the code does not include a monitoring mechanism, a complaint process and penalty for violation.
ECP should also ensure compliance with its Code of Conduct and sanction violations. Since the regulation of all the election issues falls under the jurisdiction of the ECP, parties criticised the interference of the Ministry of Interior into electoral matters and urged the ECP to clarify the status of the Ministry of Interior "addition" to the Code of Conduct regarding public rallies.
MISUSE OF STATE RESOURCES: In a case reported at the roundtable, a complaint was filed. Prompt action is required to investigate complaints about misuse of state resources and, where a violation of the code is determined, it must be rectified.
Use of state resources for campaign purposes should be sanctioned and violators should be penalised. ECP should ensure that the ban imposed on transfers and postings of civil servants is upheld and take prompt and adequate action when violations are proven.
ROLE OF INTELLIGENCE AGENCIES: The PML-N reported that candidates are being threatened and harassed ECP is required to investigate such cases where an allegation of involvement of intelligence agencies is made in kidnapping of a potential candidate and threats to candidates, and take appropriate action in a timely manner.
In addition, the following concerns were discussed as obstacle to free, fair and transparent elections and should be brought to ECP's attention. The letter reiterates that state of emergency and PCO are incompatible with free and fair elections. The state of emergency should be lifted immediately and the constitution restored.
Freedom of the media should be fully restored to ensure parties and candidates have an opportunity to communicate with voters, voters have access to information about the elections and the media have the right to cover all aspects of election.
REPEAL OF PEMRA LAWS: Government should repeal the new Pemra ordinances and allow the return of all TV channels and former TV programmes. Existing laws provide the necessary sanctions to ensure civil discourse. In addition the state media should provide equal access to all contestants during the campaign.
BAN ON PUBLIC RALLIES: The government should lift the ban on holding public rallies, as well as release all candidates and party workers from jail or house arrest and all candidates should be allowed to campaign.
The letter stated that CCE and NDI would organise more weekly roundtables with political parties in the weeks leading up to the election. It also said that political parties had noted with dismay the continuous absence of representatives of the ECP at the roundtables and their lack of response to recommendations of the parties. A copy of NDI's letter was sent to Chairperson, PPP as well as members and office bearers of a number of political parties.