CGEP NEWS AND EVENTS

Dec 19, 2007

Election 2008 fail on Pre-Election Fairness; Poll-Day Fairness to be Determined

December 19; The Citizens Group on Electoral Process (CGEP), a Group of eminent Pakistanis that has been monitoring electoral process since December 2006 has observed that on all counts the coming General Election fails on Pre-Election Fairness. The Group which met at Karachi reviewed the legal, constitutional and political environment ahead of elections, especially focusing on the partisan role of the President, weak election-management institute in the shape of the ECP, partisan caretaker governments at the centre and the provinces, curbs on media and crippling of independent judiciary, and held that the pre-election stage does not provide a level-playing field to all contestants. The Group, however, observed that polling-day fairness needs to be determined and the civil society should get together to monitor the polls.

The Citizens Group also rejected the Constitutional amendments made by General (Retired) Pervez Musharraf while lifting the so called proclamation of Emergency on December 15, 2007 and termed these amendments as detrimental to the environment of a free and fair election. The CGEP maintained that the elected Parliament is the only competent institution to pass Constitutional Amendments according to the procedure laid down in the Constitution. Any effort to amend the constitution by any other means or process will be invalid, the Group stated. The Group felt that these constitutional amendments will contribute negatively to the environment of holding free and fair election. The so-called constitutional amendments have tried to cripple the judiciary by retiring over 60 judges of the Supreme and High Courts and the absence of independent judiciary has created a feeling of acute insecurity among ordinary citizens against the high-handedness of the executive and other powerful groups. The Group felt that the forced and unlawful retirement of senior judges has sent a message to the subordinate judiciary and government officials that they were also not secure and that they could also be dealt with in the same way as the senior judges. This message has created a feeling of insecurity among all those who would be assigned duties as District Returning Officers, Returning Officers, Presiding Officers etc. and it would be very difficult to expect them to perform their duties without fear or favour during election especially because they feel that an independent judiciary is not on their back to redress the excesses committed by the executive.

The Citizens Group viewed with concern the divisions on the question of boycotting the coming general election among the civil society and those political parties who believe in the rule of law and reinstatement of all those judges who were unlawfully removed on November 3, 2007. The Group felt that all those forces who agree on the reinstatement of the judiciary to the position of November 2, 2007 should refrain from widening the differences among them and find a way to work together towards the common goal of restoring the rule of law, true democracy, free and fair election and more specifically reinstatement of the judiciary to Pre-3rd November position.

The Group deplored the police excesses on peaceful protestors and lauded the peaceful struggle of the citizens specifically the lawyers, media-persons, students and others. The Group also deplored the continued restrictions on the media especially the Geo TV Network which has not yet been allowed to transmit through cable networks. The Group also noted that the Caretaker Governments are either partisan or ineffective and close relatives of the Caretakers are participating in the elections on behalf of the former ruling coalition. The reports of the district administrations siding with the former ruling coalition are also quite disturbing. The Group noted with disappointment that its recommendations to appoint a truly neutral caretaker government, suspending the Local Governments during the election period, appointing a fully empowered Election Commission with the consensus of all the political intending to take part in the elections and approving a comprehensive Code of Conduct which encompasses the conduct of all senior public office holders including the President were ignored. The Group, however, noted that the retirement of General Pervez Musharraf as Chief of Army Staff is a positive step but the illegal and unconstitutional step of suspending the constitution, removal of the judges of the supreme and High Courts, illegally amending the constitution and unleashing brute force against peaceful protestors are such gravely negative steps in the context of the prospects of free and fair election that this positive development has been totally eclipsed. The Group felt that the sum total of the prevailing conditions created by the Government was not conducive for holding free and fair elections.

The Group felt that although the current conditions are not favourable to free and fair election, and pre-poll phase of the electoral process has largely been manipulated in favour of the former ruling coalition openly supported by General (retired) Pervez Musharraf, citizens and various citizens groups should closely monitor the remaining electoral process to collect specific evidence of direct rigging and manipulation in case it happens as is largely anticipated.

The Group planned to continue monitoring the electoral process and maintain close liaison with other credible election observers and monitors and would welcome any complaints from all sections of the population and the political parties taking part in the election regarding irregularities in the election process.

The Group welcomed the formation of the Committee for the Rule of Law (CRL) consisting of the six former Supreme Court Judges who had refused to take oath on PCO 2000 and admired their willingness to play an active role in the struggle for Rule of Law despite their advanced age and poor health in some cases.

The CGEP meeting was presided over by Justice (Retired) Saeed uz Zaman Siddiqui and attended by Lt. Gen. (Retd.) Asad Durrani, Former DG ISI/MI; Dr. Hasan-Askari Rizvi; Defence and Political Analyst; Dr. Ijaz Shafi Gilani, Chairman, Gallup Pakistan Ltd.; Lt. Gen. (Retd.) Moinuddin Haider; Former Governor Sindh; Mr. Mujib-ur-Rehman Shami, Editor-in-Chief, Daily Pakistan; Mr. Shafqat Mahmood, Former Senator & Minister; Mr. Shahid Hamid, Former Governor Punjab; Mr. Ahmed Bilal Mehboob; Executive Director, PILDAT and Ms. Aasiya Riaz; Joint Director, PILDAT. Five former Judges of the Supreme Court who had refused to take oath on PCO-2000 including Justice ( Retired) Nasir Aslam Zahid; Justice (Retired) Khalil ur Rehman Khan; Justice (Retired) Wajeeh-ud Din Ahmed; Justice (Retired) Mamoon Kazi and Justice (Retired) Kamal Mansoor Alam also attended the CGEP meeting on special invitation as observers.

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