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How have
the recent events affected the prospects of free and fair election in
Pakistan? A PILDAT team led by its Executive Director Ahmed Bilal Mehboob,
has analysed the recent developments in the perspective of the coming
elections.

General Pervez Musharraf, in his Press Conference on
November 11, 2007, has announced that the General Elections
(Election to the National Assembly and the four (4) Provincial Assemblies)
will take place before January 9, 2008 following the dissolution of the
National Assembly on November 15 and Provincial Assemblies on November 20.
This would have been roughly the date for the General Election even if
General Musharraf had not suspended the Constitution and proclaimed
“Emergency” which is in fact a “Martial Law.” Let us take a look at the
conditions under which the proposed General Elections are planned to be
held:
-
The Basic Law of the land, the Constitution, is suspended
-
Basic Human Rights of the Citizens of Pakistan are suspended
-
General Pervez Musharraf continues to be the President and Chief of Army
Staff simultaneously and holds the absolute powers to enact laws even in
contravention to the provisions of the suspended constitution
-
The majority of the Supreme Court judges including the Chief Justice of
Pakistan are sacked by General Musharraf – a power which no constitution
of Pakistan ever gave to anyone. The removed judges and their families
are kept in forced confinement to an extent that the daughter of the
Chief Justice was not allowed to go to her examination centre to take
her O-level exams and Mr. Justice Bhagwandas was not allowed to
celebrate his religious festival of Diwali and to receive guests
-
Over 5000 political workers and lawyers who attempted to peacefully
protest against the suspension of the Constitution have been first
brutally beaten by the Police, humiliated and later imprisoned in
far-flung jails of the country where they are reports of ill-treatment
and insulting behaviour by the authorities.
-
Media-related laws have been amended by General Musharraf by ordinances
resulting in drastically curtailing the independence of the Media.
Government has banned the showing of all private TV Channels. Owners and
Publishers of leading Newspapers and TV Channels are being pressurised
to fire independent journalists and popular TV Talk Show hosts and agree
to other conditions before they are allowed to go on-air.
-
Mr. Nawaz Sharif, the former Prime Minister and Leader of Pakistan
Muslim League – Nawaz (PML-N) was forcibly banished from entering
Pakistan despite the Supreme Court direction that he has the right to
return and stay in Pakistan. This was done regardless of the fact that
he is either the most popular, or one of the two most popular, leaders
of the country according to various public opinion surveys. The
Government is not allowing him to return to Pakistan and participate in
the election campaign of his party. While Government Ministers and Chief
Ministers are on a spree to address multiple public meetings everyday at
state expenses, Ms. Benazir Bhutto, Chairperson of Pakistan Peoples
Party (PPP), and other opposition political parties are not allowed to
hold public meetings on one pretext or the other. Ms. Bhutto was denied
permission to hold a public meeting in Rawalpindi on November 9, 2007;
she was barricaded in her house in Islamabad and her supporters while
trying to reach the public meeting venue were beaten, tortured and
arrested.
-
The Army Act has been amended by General Musharraf such that now even
civilians can also be tried and punished by Military Courts.
General
Musharraf, in his Press Conference of
November 11, has indicated that the above conditions under the
“Emergency” (Martial Law) will continue during the upcoming electioneering
period.
It is
stating the obvious that Free and Fair Election under the above conditions
are simply not possible. Holding Elections under the above conditions is a
recipe for destabilising the country. People will naturally expect large
scale political mobilisation of masses during the electioneering period;
any obstacle in the way may lead to violence and political instability.
Proclamation of so-called Emergency, assault on the Judiciary and Media
has been one of the most unpopular moves of any government in Pakistan’s
history. These pent-up feelings of anguish will most likely burst during
or immediately after the election period – something which happened twice
before in the history of the country; once in 1970 when perceived or real
deprivations of the people of East Bengal and denial of their just right
to power after the election by the military government led to street
agitation transformed into armed rebellion and ultimately Liberation War
leading to break up of the country. In 1977, election rigging led to
violent street protests against the Government leading to break down of
law and order and imposition of Martial Law by the then Army Chief General
Zia-ul-Haq.
Gen.
Musharraf’s proclamation of November 3 and the subsequent actions have put
Pakistan on a dangerous path. While the stability of the country faces
real threats, free and fair elections seem a distant dream.

Commonwealth Ministerial Action Group (CMAG), in an extraordinary meeting
on November 12, 2007 at London, has decided to give 10 days to Musharraf
Government until November 22 to roll back Emergency and subsequent actions
or face suspension from the Commonwealth. The European Union states, media
and civil society have registered their strong protest against the
proclamation of “Emergency” and demanded its withdrawal, reinstatement of
removed judges and removal of curbs from independent news media. Protests
on behalf of the US Congress, Media and Civil Society are also getting
louder by the day. US Administration has opposed the Emergency and
demanded its withdrawal but maintained a mysterious and hard-to-understand
silence over the question of reinstatement of the judges sacked under the
Provisional Constitutional Order (PCO). The International community, which
has invested huge sums of money and technical assistance in ensuring Free
and Fair Election in the country, seems to be developing a general
consensus that unless the “Emergency” and its subsequent actions are
rolled back, there is no possibility of a free and fair election in
Pakistan. The majority of the citizens in Pakistan believe the same.
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