Welcoming the initiation of dialogue among political parties on breaking the current political impasse, the Free and Fair Election Network (FAFEN) recommends a series of measures to the government and the opposition parties to potentially contribute to a resolution that is acceptable to all parties.
Emphasising the need for strengthening of the dialogue, FAFEN says it sees with grave concern the recent political developments arising out of the questions about the credibility of general election 2013 and subsequent failure of the Election Commission of Pakistan (ECP) to respond to them in exercise of powers vested in it under the existing election laws.
FAFEN urges the political parties to focus on addressing the cause of the current political turmoil and must not be distracted by its effects that have taken them to a point of no return. The failure of an institution to deliver on its constitutional and legal mandate should not lead to the failure of the political system, which must be resilient and responsive to demands raised by legitimate political actors and citizens.
Although the government delayed the initiation of a political dialogue, the primary responsibility of the impasse falls on the Election Commission and its members who ruled out allegations of rigging by political parties as baseless without any serious and substantive investigation or scrutiny. If any investigation has taken place, the findings were not made public.
Against this backdrop, FAFEN recommends short-term measures to break this deadlock while reiterating the need for wide-ranging electoral reforms to improve the quality of future elections in the country:
1. All parliamentary parties on both sides of the deadlock may consider the reconstitution of the Election Commission through constitutional amendment as the existing commission appears to have lost confidence of legitimate and important election stakeholders.
2. The Parliament must legislate to ensure that Election Commission publicly releases all result-related forms on its website particularly Forms XIV (Statement of the Count), Form-XV (Ballot Account Forms) and Form XVI (Statement of the Consolidation of Results).
3. While NADRA verification of thumb impressions of voters as marked on ballot papers may be a long and cumbersome process, the verification of thumb impressions of Presiding Officers on Form XIV must be initiated immediately to establish that these forms are field and signed by duly appointed officials. Under Rule 24 of Conduct of Election Rules 1977 amended vide S.R.O. 705(I)/93, dated 19-8-1993 for Sub-section (9) of Section 38 of the Representation of the People's Act 1976, Form XIV has to be signed, stamped and thumb marked by the designated Presiding Officers along with their name and designation.
4. Rules to invoke laws pertaining to the accountability of election officials particularly under Section 91 of the ROPA must be framed to penalise election officials who are found guilty of any irregularities by omission or commission.
5. Keeping in view the need for the electoral transparency, all decisions made by the current Election Commission at its meetings since its establishment along with member-wise voting records must be made public. The records must also contain meeting-wise agenda.