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Lahore, January 4; The Citizens Group on Electoral Process held
its 16th Meeting at Lahore on January 4, 2008. Names of
participants are attached.
The Group
began its deliberations by offering fateha for the departed
soul of Mohtarma Benazir Bhutto.
The Group
held extensive deliberations on all aspects of the situation
arising from the demise of the former Prime Minister of
Pakistan.
The Group
formulated the following observations and recommendations for
considerations and implementation by the Election Commission
of Pakistan, the Government, Political Parties, Media and
Civil Society:
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The
dastardly assassination of Benazir Bhutto is a tragic loss
and an enormous blow to the democratic process.
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Ultimate
responsibility rests with the State and the Caretaker
Government that have an obligation to secure the life of
every citizen. In this instance, there was a special,
additional duty of the Government to ensure optimal safety
for a leader of great eminence who had already been
unsuccessfully targeted on October 18, 2007.
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Failing
to conduct an autopsy on the slain leader as per the
categorical requirements of the law and hastily hosing down
the crime scene, the Caretaker Government has provided at
least 3 different versions of the causes of the death of
Benazir Bhutto. Such premature, inconsistent claims raise
well-founded concerns about the actual motivations behind
the creation of such confusion.
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The
investigation into all aspects of the assassination should
be conducted by an authentically independent Commission of
Inquiry headed by a person whose integrity and ability are
accepted by the heads of all major political parties.
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The
virtually unprecedented breakdown of law and order across
the country and especially in Sindh from the evening of
December 27, 2007 to December 31, 2007 is an abysmal,
shameful failure of the Federal and Provincial Governments
and the law enforcing agencies to anticipate and prevent the
killing of innocent citizens and the massive destruction of
public and private property.
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There
are substantive grounds for the view that, however large
scale and spontaneous the violence was, in which criminal
elements were brazenly allowed to kill, loot and burn, it
appears that the invisibility of law enforcement agencies
for the first 100 hours and then belated deployment was a
deliberate ploy to create a situation that could justify the
postponement of polls beyond January 8, 2008.
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The
Group is of the firm view that the postponement of elections
to February 18 is beyond the prescribed Constitutional
deadline. It violates the letter and spirit of the
Constitution. Article 254 can not be invoked to postpone the
elections beyond the prescribed limit.
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The
consensus in the Group was that the postponement of the
election was motivated by partisan considerations which
amount to pre-rigging the electoral process despite serious
damage to property and facilities. There was no credible
logistical reason to postpone the entire election. The
postponement manifests the partisan disposition of the
Election Commission and the Federal Government.
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The
Group strongly stands against any further postponement of
polling for one reason or another.
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The
assassination of a major national leader has led to
suspicions and speculations that have the potential to
adversely impact on inter-provincial harmony. The Group
therefore considers this aspect to be of utmost importance.
We believe that considering all the dimensions and possible
fall-out, the situation needs to be handled with
extraordinary care and sensitivity so that the heat of the
election does not worsen conditions and perceptions.
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The
Group was deeply disappointed at the failure of the Election
Commission to enforce the Code of Conduct which is being
repeatedly violated by some political parties, the
administration and the local government officials.
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The
Group reiterated that free, fair and transparent elections
are not possible in the absence of a truly independent
judiciary.
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A new
Chief Election Commissioner, with the consensus of political
parties, should be appointed immediately and the Election
Commission should be reconstituted to represent all
provinces as per the requirements of the Constitution
because even as of January 4, 2008, the existing EC does not
fulfill the requirements of the Constitution.
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The
Election Commission needs to take urgent and serious notice
of the newspaper advertisements of a political party playing
up regional-ethnic sentiments for the sake of votes. This
effort, if not checked immediately, can sharpen regional
polarization and pose a serious threat to internal harmony
and stability.
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The
Election Commission should exercise vigilance and take
strict action against any political party, or any other
elements that provoke disharmony between the people of the
four provinces.
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The
Group also appeals to the media to use its professional
judgments for discouraging the publication of advertisements
and statements that specifically play up regional and ethnic
biases.
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The
media should, therefore, exercise caution and show special
responsibility to desist from printing, broadcasting or
transmitting any advertisements which may lead to provoking
regional and ethnic biases.
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Political Parties should give national harmony primacy over
point-scoring and refrain from statements and actions which
may, in any way, hurt the feelings of the people of other
provinces.
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Recent
developments underline the inescapable duty of the office of
the Presidency to play a strictly non-partisan role.
However, because the present President is an avowed partisan
and his election on October 6, 2007 is devoid of legal and
moral authority, it would be better in the national interest
that he should step down.
Members of
Citizens Group on Electoral Process who participated in the
Meeting:
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Justice
(Retd.) Saeed-uz-Zaman Siddiqui, Former Chief Justice of
Pakistan:
Chairman CGEP
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Mr. Arif
Nizami, Editor The Nation
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Lt. Gen.
(Retd.) Asad Durrani, Former DG ISI/MI
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Mr.
Ghazi Salahuddin, The Jang Group
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Dr.
Hasan-Askari Rizvi; Defence and Political Analyst
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Dr. Ijaz Shafi Gilani, Chairman, Gallup Pakistan Ltd.
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Mr. Javed Jabbar, Former Senator & Minister
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Lt. Gen. (Retd.) Moinuddin Haider;
Former Governor Sindh
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Mr.
Mujib-ur-Rehman Shami, Editor-in-Chief, Daily Pakistan
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Justice
(Retd.) Nasira Iqbal, Former Judge Lahore High Court
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Mr. Omar
Khan Afridi, Former Chief Secretary NWFP
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Dr.
Parvez Hassan, Renowned Lawyer
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Mr.
Shafqat Mahmood, Former Senator & Minister
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Mr.
Tasneem Noorani, Former Federal Secretary
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Mr.
Ahmed Bilal Mehboob; Executive Director, PILDAT
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Ms.
Aasiya Riaz; Joint Director, PILDAT
Observers
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Justice (Retd.)
Khalil ur Rehman, Former Judge, Supreme Court of Pakistan
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Mr.
Shamshad Ahmad, Former Foreign Secretary
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