Human Rights and Democratic Development in Pakistan

by Hina Jilani

Part III

IV.  Freedom of Opinion, Expression and Information

V.  The Electoral Process

      While the environment for exercise of the freedom of expression has considerably improved, serious constraints persist, making this improvement only relative. Freedom of expression affects participation rights in a critical way. Laws pertaining to national security, preventive detention, sedition, defamation and contempt of court have historically been used and misused to severely restrict speech, opinion and access to information. Some of the restrictive laws or the more stringent provisions of these laws have recently been repealed (155). ). However, other restrictions have emerged that impose official and unofficial restraints on the exercise of the freedom of expression (156). Intimidation by violence or threat of violence both by government and private agencies still operate to silence dissent. An environment of intolerance is intensified by laws which promote religious and other forms of bigotry (157).

      Official control over channels of information is more absolute where non-government agencies have very limited access to information and little capacity to gather and disseminate it. The lack of information is illustrated in the crisis of planning both at the government and non-governmental levels. Information crucial to planning is unreliable. Pakistan had its last published census in 1981. All figures presently used for planning are projections of the 1981 figures and are not, therefore, a sound basis for planning. No systematic arrangements exist for collection and compilation of information. Where information is available, government departments show resistance to sharing it with NGOs. Often, a methodology for dissemination is missing, thereby making access difficult.

     People have generally been denied the right to know. Decisions affecting the lives of people are taken without their knowledge or participation. Information critical to decisions on foreign policy, positions on international conflicts, and Pakistan's role in such conflicts, are usually classified as official secrets. The tendency to conceal and to neglect to inform the public is evident in laws and public policy alike.

      The Constitution of Pakistan guarantees the freedom of expression through Article 19, subject to reasonable restrictions "imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan..., friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence" (158). The Constitution does not recognize the freedom of information as a right. Whether the courts would recognize the right as inherent in, and a part of, the freedom of expression, is yet to be tested. The State has exercised the power to restrict freedom of expression and access to information through laws in both civil and criminal jurisdictions. Restrictions apply generally, and special provisions are made for regulating the exercise of this freedom by associations (159) and channels of mass communication.

     The Pakistan Penal Code contains provisions that curtail the freedom to express any opinion which may be construed as prejudicial to "the safety or ideology (160) of Pakistan, or to endanger the sovereignty of Pakistan" (161). It is these provisions which have time and again been used to harass political opponents. More recently non-State actors have used the provision to enforce conformity with their own views about the ideology of Pakistan. The militancy of these groups exerts pressure on the government, and the responsibility of the State to protect citizens against militant action is consequently often shirked by government (162). Sedition as defined in the Pakistan Penal Code amounts to any expression causing contempt or disaffection towards the Central and Provincial Governments established by law (163). This provision, too, opens the door to harassment by the government, in response to even normal criticism of the many aspects of governance. Laws (164) and constitutional provisions pertaining to contempt of court (165) have also been used to restrict freedom of expression and opinion. The exemption originally provided to fair comment made in good faith and in the public interest was eliminated by an amendment to the Constitution by the military regime in 1985 (166). Judicial accountability has become a real problem due to these contempt provisions; they also hamper freedom of the press to report independently on court proceedings (167). A recent judgment of the Lahore High Court upholding the freedom of the press to report on court proceedings is encouraging in this respect (168).

The Press and Other Media

      Both private and government controlled media exist. While legal restrictions have affected freedom of the media, official policies imposed by the Ministry of Information have also been an impediment to free expression. The electronic media is almost completely under government control. The government maintains a National Press Trust, which till recently owned major publications both in English and in Urdu. The major wire service is also under government control (169). All official channels of communication conform strictly to political and social views which are suitable and acceptable to the government. When governments change, the resulting changes in programmes and policies of these channels are visible overnight.

     Strict codes are prescribed for dealing with political and social issues. All those who are in any way connected to the broadcast media have to conform with these codes. Women announcers and artists have to observe a prescribed dress code which was introduced under military rule. Dancing by women and coverage of women's sports events is banned on the official television channels. Some relaxation is visible more recently, specially in coverage of women's rights issues (170).

     The private media enjoys relative freedom. The notorious Press and Publications Ordinance of 1963 was repealed in 1988. However, restrictions on the press and other publications still remain. The Registration of Printing Presses and Newspapers Ordinance was re-promulgated in 1995 (171) and remained in force till mid-1997. Restrictions contained in the Ordinance encompass publishing of material amounting to normal criticism of government or expression of views which could, when the authorities so wished, be construed as attracting the mischief of the law. It thus affords the government a tool for selective harassment. Restrictions are imposed on the printing of certain parliamentary and judicial proceedings (172). Action against alleged contraventions is taken before the presumed offenders can avail themselves of the opportunity of being heard in any forum (173).

     While no notable action was taken under this Ordinance in 1995, other laws continued to be used to ban publications and to take penal action against printers, publishers and editors (174). All print media require a licence for publication, issued by the Ministry of Information. Licences are frequently cancelled by the government under the pretext of minor procedural irregularities (175). Publications are banned on grounds of religious objections (176), perceived threats to national integrity and sovereignty and for non-conformity with the ideology of Pakistan (177). The latter is especially problematic in the case of views expressed in support of secular social, political and legal systems. In 1995, the government reacted to press reports of corruption against politicians belonging to the party in power (the Pakistan People's Party) by preparing a bill to make more stringent laws regarding defamation. This bill was withheld temporarily, after negotiations with the press, on condition that the association of newspaper owners should formulate a code of ethics for themselves under which they would be accountable to their own community for irresponsible reporting and press comments. So far no such code has been devised. With the end of the PPP government, the pressure for such a code abated.

     Freedom of the press has come under threat also by action of non-State parties, seeking vengeance against press reports or comments contrary to their beliefs or their political interests. Editors and reporters have been killed, beaten, and harassed by such groups in numerous incidents. Local officials also harass journalists and newspapers on behalf of the government. The Human Rights Commission reports twenty-four incidents of this nature in 1995 involving private groups, and seventeen incidents in which local officials were responsible (178). Associations of journalists have frequently complained of such incidents and strong protest action has been taken by them.

     The press enjoys considerable freedom of association and has organized itself into groups which have played an important role in protecting the freedom of the press (179). However, while freedom of the press is generally supported, a feeling of dissatisfaction with the press is also prevalent. The press has not always acted with responsibility, and sections of the press are viewed as promoting "yellow journalism". Religious and sectarian biases are visible in reporting and editorial comments in some publications: some have gone far enough to print material that can be called hate propaganda. Representative bodies of the press have seldom taken notice of complaints against such deviations from professional conduct. In this sense, internal accountability is weak within the community. A major problem in this is the ideological divide between newspapers. This division is particularly visible between the English and the Urdu press. Some degree of responsibility and accountability enforced within the community would create confidence in the press, and strengthen its role in civil society.

V. The Electoral Process

      The support for electoral politics and rule by public representation in Pakistan is evidenced in the resilience of the political process, which has survived repeated interventions by the military. All three military governments were forced to hold elections even under martial law. It is, however, the system of elections, the nature of electoral politics, and the quality of representation that is essentially of concern in the context of participatory democracy. The right of citizens to participate in government through genuine and periodic elections has been recognized by various international human rights instruments and treaties (180). The four elements constituting the core of this right are universal and equal suffrage; voting by secret ballot; elections at reasonable, periodic intervals; and non-discrimination amongst voters, candidates or parties. To what degree Pakistan has been able to achieve these norms both legally and in practice has to be evaluated on the basis of electoral experiences in which the legal framework has been applied.

     A detailed account of Pakistan's electoral experiences in the past would not be necessary for the purposes of this report. It is, nevertheless, pertinent to mention that Pakistan has a tradition of elections (national, provincial and local) dating back to the early fifties. These elections were held under different legal and constitutional systems, with differing degrees of participation. Between 1947 and 1956, elections were held in the four provinces on the basis of adult franchise under the Government of India Act, 1935. Pakistan's first Constitution was enforced in 1956. It provided for direct elections, based on adult franchise. However, no elections were held under this Constitution as it was abrogated in 1958. The next Constitution was enforced by a Presidential proclamation in 1962. The system prescribed for elections allowed only limited participation. Elections were based on an indirect system through an electoral college of "basic democrats", who were elected on a non-party basis (181). The general elections of 1970 were held under a Legal Framework Order promulgated by the military regime in power. These elections are, nevertheless, seen as a landmark in Pakistan's political and electoral history. They are generally accepted as fair and free, with political parties having the freedom to participate and campaign.

     The Constitution of Pakistan framed in 1973 finally laid down the framework for elections. Laws regulating electoral practices are part of this framework. The first elections held under it took place in 1977. These elections were not accepted by the alliance of parties in contest against the PPP. The military again intervened in July 1977, and Pakistan remained under martial law till 1986. It may be mentioned here that elections were held in 1985 under martial law. Though these were based on adult franchise, it was a non-party contest in contravention of the Constitution and was boycotted by all major political parties. Before restoring it, the military government made substantial amendments to the Constitution. Elections were held within the framework of an amended Constitution in 1988, 1990, 1993 and 1997.

Legitimacy and Participation

      While lacunae do exist in the legal framework for the elections, more serious issues relate to the participatory nature of elections. Efforts have been made to give legitimacy to the process through various rules, including the establishment of the Election Commission. The process, however, still lacks the ingredients that can ensure real participation of the people in representative democracy. The electoral process has developed enough to allow competitive elections. The environment is generally peaceful, though spurts of violence in more volatile constituencies cannot be ruled out. Some concern regarding access of all candidates to channels of mass communication persist. Most political parties and individual candidates have access to the press. However, the role of the electronic media has been unsatisfactory, because of total government control over it. The press and other communications infrastructure is largely candidate-oriented and has not played its role in initiating issue-based debates to better inform the electorate. Absence of issues relevant to governance, rights and economic well-being of the majority has affected real participation. Patronage practices largely determine the voting pattern. Freedom of choice is thus restricted, and expectations are linked to the patron, rather than the representative (182).

     Popular confidence in the efficacy of the electoral process has been shaken in other ways as well. Amendments to the Constitution before the transition to civilian rule in 1985 seriously undermined the authority of Parliament. Through the Eighth Amendment in the Constitution, the President was given the power to dissolve the National Assembly "in his discretion" on, amongst other, the ground that in his opinion "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary." This power has been used by the President to dissolve four Assemblies. Consequently, the process of elections at regular periods was disrupted. Pakistan has had three elections in the period prescribed for one normal term (183). This amendment to the Constitution remained a threat to the stability of Parliament and to regularity in the electoral process (184), until the part of this amendment granting the power to the President to dissolve the Assembly was repealed by a constitutional amendment by the Parliament in April 1997 (185).

     The last government of the PPP had proposed electoral reforms in 1996. Changes were proposed to allow non-Muslims the right to vote for the Muslim seats in the general elections, and to have a second vote for elections to the reserved seats for minorities. The requirement for production of identity cards for voting was also to be eliminated. The reforms recommended included same-day polling for the National and the Provincial Assemblies. The government's proposals were strongly criticized by the opposition in the Parliament. The strongest objections were to the double vote for non-Muslims, and the removal of the condition for producing identity cards. Religious groups joined in the opposition to these proposals. Most of the reforms proposed, however, did receive support from human rights groups who saw them as strengthening the electoral system (186). Some encouraging changes were made by the care-taker government before the elections in February 1997. Franchise was extended to the Federally Administered Tribal Areas, and polling for National and Provincial Assemblies was held on the same day. None of the other proposals are under consideration by the present government.

Constitutional and Legal Framework

      The framework for holding and regulating elections is given by the Constitution and a body of legal provisions contained in enactments such as the

• The Representation of the People Act, 1976 (187);
  
• The Delimitation of Constituencies Act, 1974 (188);
  
• The Electoral Rolls Act, 1974 (189); and
  
• The Political Parties Act, 1962.

The Right to Vote

      The Constitution provides franchise for all citizens above the age of twenty-one years whose names appear on the electoral rolls and who have not been declared by a competent court to be of unsound mind (190). The age of majority under the Majority Act is eighteen years. In this respect a sizeable portion of the adult population between the ages of eighteen to twenty-one are denied the right of vote. The Constitution, therefore, does not provide universal adult franchise. In addition, the right to vote in Pakistan is not equally available to all.

     Through an amendment to the Constitution in 1975, additional seats were reserved in the National and Provincial Assemblies for non-Muslims. These seats were not filled by direct elections. The members were elected following the general elections, by an electoral college of members elected to the National or Provincial Assemblies. The non-Muslim population, however, retained the right to vote for candidates in general elections both at the national and the provincial level. In 1985, the right of non-Muslims to participate in general elections was revoked. The Constitution was substantially tampered with by the military regime of Zia-ul-Haq throughout the period from 1977 to 1986. Before restoring the Constitution in 1985, many of its provisions were amended by a Presidential Order to safeguard the interests of the ruling establishment. One of these amendments pertained to the seats reserved for non-Muslims: Article 51 of the Constitution was amended to designate all the seats contested in the general elections for the National Assembly as Muslim seats. Through a further amendment to the same Article, the non-Muslim population is allowed to vote for candidates to seats reserved for non-Muslims on the basis of separate electorates. Changes were made to Article 106 of the Constitution to provide for additional seats in the Provincial Assemblies to be filled by a direct vote of the non-Muslim population on the basis of separate electorates. While nowhere does the Constitution restrict the right of the non-Muslim population to vote for the Muslim seats in the National Assembly, this section of the population has been denied the right to vote in four successive general elections. The Constitution does not provide for the general elections for the provincial assemblies to be contested only by Muslim candidates. Yet non-Muslims have not been allowed to contest these seats. The Election Commission presumed the intent of the Constitution and made arrangements under the various laws for preparing electoral rolls, delimitation of constituencies and regulation of electoral procedures which denied the non-Muslim population the right to participate. The presumption was so widespread that these arrangements were not even challenged (191).

     The issue of separate electorates for non-Muslims has been contentious for a long time (192). It has become even more so now. Sections of the non-Muslim population, together with human rights groups, have raised this as a crucial question for determining the civil and political status of non-Muslims in Pakistan. At the same time Islamic religious groups and some political parties, including the PML(N), have opposed the removal of the restriction on non-Muslims to vote for the general seats. An interpretation of the Constitution by the courts could clarify the situation and render removal of some of the restrictions easier.

     Denial of the right to participate is not only based on religious differences. A section of the population, living in areas for which there exist special administrative and legal arrangements, suffered total disenfranchisement for fifty years. Territories comprising Pakistan include Federally Administered Tribal Areas (FATA). The Constitution does not provide for adult franchise or the same system of representation for these areas. Seats in the National Assembly are allocated to each Province, FATA and the Federal Capital on the basis of population. Clause (6) of Article 51 of the Constitution enables the President to make such arrangements as he may think fit for filling the seats allocated to FATA. In exercise of this power, The Preparation of Electoral Rolls (Federally Administered Tribal Areas) Order was promulgated in 1975. Franchise under this Order was restricted to Maliks, who are persons receiving government allowances for keeping peace in these areas. These are a carry-over from the colonial period. Maliks are now the ruling elite in the Tribal Areas and wield tremendous power over the general population. Members of the National Assembly were elected by this electoral college while the general population was totally excluded from the process of elections, both as voters and as candidates. This changed in 1997, as mentioned earlier in this section.

The Right to Represent

      The Constitutional and legal framework permits contest for representative office either independently or as a member of a political party. While the Political Parties Act of 1962 makes the provision for political parties to contest elections, other legislation, mentioned above, lays down the procedures for holding elections. The Constitution also prescribes the qualifications for holding representative office. Members of the National and Provincial Assemblies, apart from being citizens and voters, are required to be above twenty-five years of age. Members of the Senate have to be above the age of thirty. In addition to the age qualification, the Constitution provides a list of characteristics which qualify or disqualify a person from holding representative office (193). While the Constitution does not prescribe a condition that the office of Prime Minister be held by a Muslim (194), the oath of office itself prescribed by the Constitution contains a solemn affirmation that the taker of the oath is a Muslim (195). This creates an anomalous situation which has been overlooked, as none of the Prime Ministers taking oath so far have been non-Muslims.

The Election Commission

      The Constitution provides for the establishment of an Election Commission, headed by a Chief Election Commissioner (196). The Commission is mandated "to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against" (197). Provisions have also been made to ensure a degree of independence of the Commission. The Chief Election Commissioner is to be appointed by the President "at his discretion" (198). A person can only be appointed as Commissioner if he is or has been a judge of the Supreme Court or a High Court, and is qualified to be appointed a judge of the Supreme Court. He cannot be removed from office except in the manner provided for the removal of a judge in the Constitution, i.e. through the Supreme Judicial Council (199). His tenure can be extended by the Parliament, but not abridged. The Parliament has been granted the power to legislate procedures for holding elections, but cannot legislate to either abridge or take away powers of the Commission or the Commissioner granted by the Constitution.

     Specifically, the Commission is authorized to

• appoint separate Commissions for each province;
  
• prepare and annually revise the electoral rolls to the National and Provincial Assemblies;
  
• establish constituency boundaries;
  
• organize and conduct elections for the National and Provincial Assemblies, the Senate and the President;
  
• and appoint election tribunals that hear disputes regarding the outcome of the elections.

     The Election Commission initiated some important reforms in the electoral process, most of them just before the 1993 elections. One of the important initiatives taken earlier was that elections be administered by returning and assistant returning officers appointed from the judiciary by the Election Commission. This was done to better guarantee that election officials would be neutral. The reforms are principally directed towards giving the Commission effective control over the electoral process.

     Despite these arrangements, the impartiality and fairness of elections has always been in doubt. After the 1977 elections, allegations of rigging were made against the government and the independence of the Election Commission was seriously questioned. The independence of the Election Commission and the Chief Election Commissioner is comparable to the independence of the judiciary. Legal arrangements for this independence can only work if there is a genuine and honest intent of the government to make it so. Political appointments, pressures and lure of favours have frequently undermined the independence of such institutions. Where suspicions have arisen, they have never been clarified, casting doubt which has resulted in a general lack of public confidence in the electoral process.

Election Procedures

      There are very few studies of elections in Pakistan. Most of those available are based on the 1993 elections (200). These studies have pointed out a number of factors responsible for the electoral process falling short of the expected level of impartiality, fairness and participation. Procedures with respect to which serious objections have been recorded are mentioned below.

Voter Registration

      A person eligible to vote is entitled to be enrolled in an electoral area if deemed to be a resident of that area. Electoral rolls were originally prepared in 1974 and 1975, and were subsequently amended in the light of claims, objections, and applications for corrections before each election. It is estimated that the rolls prepared for the 1993 elections included the names of 90% of those eligible to vote (201). Registration of voters has, however, remained a continuous concern with those who have studied the electoral process and practices. Deficiencies in the registration process and in the availability of rolls to the public for verification purposes, have also been admitted by the Election Commission (202).

     Few, if any, political or non-governmental organizations conduct awareness programmes on voter registration. While the government has devised methods for the preparation of electoral rolls, these procedures are not broadly advertised. Measures encouraging registration or programmes generating interest in enrolment are non-existent. Complaints about the process of registration being cumbersome were numerous in the 1993 election (203). Most of those who remained unregistered were from the rural areas. Women, both rural and urban, were more affected (204).

Delimitation of Constituencies

      This process is governed by the Delimitation of Constituencies Act, 1974. Constituency boundaries are determined by population. The formula used to calculate the size in the 1993 elections for the National Assembly was one seat per 407,000 citizens, with an admissible fluctuation of 20%. The size of constituencies ranged from 320,000 to 490,000 (205). It may, however, be remembered that the last published census used in this process was in 1981. With a growth rate as high as it is in Pakistan, it can be presumed that the actual population covered by a constituency is much larger. While the non-Muslim population in these constituencies is not allowed to vote fora general seat, it is included in the calculation of the size of a constituency. The separate electorates system has resulted in no constituencies being created for the non-Muslim candidates. Consequently, candidates have to campaign for votes throughout the country, thus adversely affecting voter-candidate contact. This has created a dissimilarity in the process for representation. The system of separate electorates is one of the most serious concerns expressed regarding the electoral process in Pakistan.

Voter Identification

      One of the changes introduced in the Representation of the People Act, 1974, at the initiative of the Election Commission, was the requirement for a voter to produce his or her national identity card before a ballot can be issued. This has become one of the most controversial issues connected with voting procedures. It is widely held that this provision disenfranchised a significant number of people, especially women. While it is acknowledged that voter identification is a legitimate requirement, this is adequately provided for by the presence of polling agents of the candidates from the locality in which the polling station is situated and the voter resides. Many people, especially women and the rural population, do not possess identity cards. The procedure for issuing of these cards is cumbersome. Cards are issued by a registration authority under the control of the Ministry of Interior. The Election Commission has no direct control over the issuance of these cards. The Election Commission must ensure that all those eligible to vote are enabled to do so. Any mandatory requirements imposed on the voter over which the Commission has no control are unfair and not legitimate. It is true that the requirement was imposed to prevent fraud and bogus voting. If the provision for polling agents is not seen as an adequate protection in this regard, arrangements should be made which can be executed and implemented by the Commission itself (206).

Polling

      Concerns regarding the process of polling include poor management of the stations; lack of training and of confidence in the polling staff; defective ballot boxes; poll violence and insufficient security arrangements. Another serious problem is the distance to the polling stations. This makes voters dependent on candidates for transport, which influences the freedom of decision making of the voter.

     Polling for National and Provincial Assemblies on separate days is another important issue. Results of elections for the National Assembly were known before polling for the Provincial Assemblies. As results in the first election affected the results of the second, this was not conducive to the fairness of the process. As mentioned earlier this was changed before the general elections in February, 1997. Another issue, even in the last elections in 1997, was the dependence on the military for maintaining the peace during polling (207).

NOTES

155)     The Press and Publication Ordinance was repealed in 1988. Return

156)      The Press and Publications Ordinance was replaced by the Registration of Printing Presses and Newspapers Ordinance, 1988. This Ordinance continued to be re-promulgated by the President every four months until early 1991. It was re-issued in 1995 and continued to be so issued until March 1997. Return

157)      Section 295C of the Pakistan Penal Code on blasphemy is one such example. Return

158)      Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offense. Article 19, Constitution of Pakistan. Return

159)      For example, restrictions contained in section 3 of the Political Parties Act, 1962. Return

160)      Added to section 123A of the Penal Code by an amendment in 1992. Return

161)      Section 123A of the Pakistan Penal Code. Return

162)      Militant religious groups have frequently attacked offices of newspapers which either criticize their conduct or do not conform to the world-view of these groups. The MQM in Karachi has been responsible for similar acts against the press.  Return

163)      Section 124A of the Pakistan Penal Code. Return

164)      The Contempt of Court Act. Return

165)      Article 204 of the Constitution of Pakistan. Return

166)      Presidential Order 14 of 1985. Return

167)      Newspapers and journalists have frequently been issued notices for contempt by courts for reporting on proceedings or making comments on the conduct of proceedings in court. Return

168)      PLJ 1996 Lahore 897. Return

169)      Associated Press of Pakistan (APP). Return

170)      The position has recently been reversed. The government that came into power after the February 1997 elections has shown tendencies towards imposing restrictions on the broadcast media that do not endorse the optimism of this statement. Remarks by the Prime Minister in October 1997 avowing the imposition of moral codes for television programs and of directives to female broadcasters and performers to conform to strict dress codes, have raised serious concerns, especially as the implementation of this verbal policy has already taken effect. Return

171)      Ordinance No. LII of 1995. Return

172)      Section 22 of the Ordinance. Return

173)      Section 25 and Part VI of the Ordinance. Return

174)      Human Rights Commission of Pakistan: State of Human Rights in 1995, page 87. Return

175)      The Human Rights Commission of Pakistan reports that 65 such licences were revoked in one district alone in 1995. State of Human Rights in 1995, page 87. Return

176)      Most of these are publications by non-Muslim religious organizations. Ahmedi publications have been a particular target. Ahmedis are a religious group expelled from the pale of Islam and declared to be a non-Muslim minority through a constitutional amendment in 1974. They remain victims of official discrimination and have frequently been subjected, individually and collectively, to violence by Muslim religious groups. Return

177)      Section 99A of the Criminal Procedure Code. Return

178)      State of Human Rights in 1995. Return

179)      Prominent press associations include the Pakistan Federal Union of Journalists (PFUJ), its branches, such as Punjab Union of Journalists (PUJ), Karachi Union of Journalists (KUJ), editors’ and owners’ associations, CPNE and APNS, respectively. Return

180)      Universal Declaration of Human Rights, Article 21; International Covenant on Civil and Political Rights, Article 25; International Convention on the Elimination of all Forms of Racial Discrimination, Article 5; Convention on the Elimination of All Forms of Discrimination Against Women, Article 7; Convention on the Political Rights of Women, Articles I, II, III; Charter of the United Nations, Articles 73, 76. Return

181)      Basic Democracies Order, 1959. Return

182)      Most of the time the representative himself may be in a position of patronage. Return

183)      The National and Provincial Assemblies are elected for a period of five years. The first party-based elections after the end of martial law were held in 1988. The Assembly elected in the non-party elections during martial law, was also dissolved under same provision in 1988. The Assembly elected in 1988 was dissolved in 1990, which was again dissolved before completing its term in 1993. Thus in the normal term of the first Assembly three elections were held. See Appendix III: Governments of Pakistan. Return

184)      Constitution(Eighth) Amendment Act, 1986. Return

185)     Constitution (Thirteenth) Amendment Act, No. 1 of 1997, dated 4.4.1997. Return

186)      HRCP Electoral reforms proposals. Return

187)      Lays out the procedures for conducting elections. Return

188)      Sets forth how constituency boundary lines should be drawn. Return

189)      Sets forth the rules for determining voter eligibility. Return

190)      Originally the Constitution prescribed the voting age as eighteen. This was amended by the military government before the restoration of the Constitution in 1985, vide the Presidential Order 14 of 1985 and later incorporated into the Constitution (Eighth) Amendment Act 1986. Return

191)      It was only in the 1993 elections that a non-Muslim filed nomination papers to contest a general seat in the Punjab Provincial Assembly, and upon the rejection of his nomination, he challenged the decision of the Election Commission in court. The petition is still pending. Return

192)      In the period preceding the framing of the 1956 Constitution, the issue of separate electorates was a major issue. Mohammed Waseem, The 1993 Elections in Pakistan, page 3, Vanguard Books (Pvt) Ltd. Return

193)      Articles 62 and 63 of the Constitution. Return

194)      Qualifications prescribed for President include that he be a Muslim: Article 41(2) of the Constitution. Return

195)      Constitution of Pakistan, Third Schedule, Oaths of Office. Return

196)      Part VII, Chapter I, Constitution of Pakistan. Return

197)      Article 218(3) Constitution of Pakistan. Return

198)      "at his discretion" added to Article 213(1) by Presidential Order 14 of 1985, at the time of restoration of the Constitution by the military government. Return

199)      For procedure to remove a judge from office see Article 209, Constitution of Pakistan, 1973. Return

200)      Mohammed Waseem, The 1993 Elections in Pakistan. Vanguard Publications, 1994. Return

201)     National Democratic Institute for International Affairs, Washington. International Delegation Report, Pakistan Elections: Foundation for Democracy. Return

202)      Ibid. Return

203)      Human Rights Commission of Pakistan, State of Human Rights in Pakistan 1993, Appendix IV. Return

204)      Low registration of women voters was expressed as a concern by nearly all the independent teams monitoring the 1993 elections, including the Human Rights Commission of Pakistan. Return

205)      National Democratic Institute For International Affairs, Washington, International Delegation Report, Pakistan Election: Foundation for Democracy, 1993. Return

206)      Legal action challenging the Election Commission's decision to require use of ID cards was filed. The Lahore High Court issued an order preventing the Commission from implementing its decision. In appeal the Supreme Court suspended the Lahore High Court decision. Return

207     All the monitors’ reports have commented on this issue and recommended overcoming this dependency.  Return