PGF NEWS



e-Newsletter

I. Gender

II. Democracy Watch

III. Governance at Large

IV.Geo-Political Dynamics

Vol - II Edition - IX
December, 2007

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Gender

Women & Politics

Yulia Tymoshenko Elected as Ukraine’s Prime Minister

Yulia Tymoshenko has been elected Prime Minister of Ukraine for the second time on 18 December. Before, she was the Prime Minister of the Country from 24 January to 8 September 2005.

Yulia Tymoshenko has risen from a private businesswoman to become a key and influential figure in Ukrainian politics. Yulia has been called “Joan of Arc of the Revolution” for her leadership during Ukraine’s 2004 Orange Revolution, and was named #3 Most Powerful Woman in the World of 2005 by Forbes Magazine. After spending years working in the energy industry at Ukrainian Oil Corporation (UOC) and United Energy Systems of Ukraine (UESU), Yulia took advantage of political and business relationships she garnered at UESU to begin her career in politics. It was a grand start in 1996 when Tymoshenko was elected to the Verkhovna Rada (Ukrainian parliament), winning 92.3% of the vote from her constituency in Kirovograd Oblast. With continuing support from the people, she was re-elected in both 1998 and 2002.

In 1997, Yulia was named first deputy chief of the “Gromada party”, heading the Cabinet of Ministers. Beyond her duties as deputy of the parliament, Yulia chaired a committee on state budgeting. During this time, she helped develop projects for the Budget and Tax codes, social and medical systems, and pension reforms. In 1999, Yulia became the leader of the All-Ukrainian Union Batkivschina (Fatherland) party.

Women Deprived of Political Freedom and Free Choice to Vote in Pakistan

Political analysts and politicians revealed that contrary to the proclamation of President Musharraf about equal rights without any gender discrimination to the women and moderate state, irony of the fact is that 51 per cent of the total population of the country “women” are still deprived to caste their votes in accordance with their whims and wishes. Patriarchal structure is still dominating in almost all societies of the country, which doesn’t permit women voters to enjoy political freedom and make free political decisions. All the rural areas of Punjab, Sindh, and entire province of NWFP and Balochistan are still in the grip of male dominance who do not allow the women of their areas to cast their votes according to their own choice. The same thing happens in the fanatic religious parties in urban and rural areas of the country.

Prof Dr Tanveer Khalid, Department of political science, University of Karachi, said that political freedom is necessary for human development and role of women in decision making while it is the responsibility of the state to provide equal opportunity to all members of the society in the process of development. She further said that in most of the developing countries small portion of women are found in the legislative assemblies or political institution and men monopolize the political world while the most fundamental basic right is the freedom of making decision rather than to hand it over to someone else, adding that political rights are as important as economic and social rights are. She said that male dominated structure had severely affected the political freedom of women and they were being compelled to cast votes according to the wish of their husband, brother and father. She said “ despite the fact that women representation in national legislature have been increased in 2002, through an executive order but it has proved that women members on reserved seats are acting as rubber stamp for their male candidates and have not contributed to meaningful debates, and failed to protect women’s rights”.

Dr Humma Baqai, Professor International Relations Department, University of Karachi said that women voters in Pakistan couldn’t achieve freedom of political choice due to the extreme poverty, illiteracy and gender discrimination. She further said that neither women wings of political parties had provided a platform for the articulation of feminist issues, nor have they granted women due share in the management of party affairs. She said that man, in fact, becomes a “double-egged sword” as they helped women to enter in politics, but also contributed to their dual marginalization, first, the female politician’s political activities within the party remained limited to these wings, and second, gender issues were also relegated to them which for the most part did not focus on women issues. Therefore, in the political process women’s wings are just being used by political parties to include women to their support.In query of a question she replied that the women reserved seats induction in the national and provincial assemblies had simply increased the numerical strength of the political parties in the assemblies rather to provide women freedom of political choice.

PPP leader Senator Razza Rabbani said that freedom of political choice is the right of every individual but number constraints were responsible for lower ratio of women political freedom. He added that from the election of 1998 onwards, political parties tried to woo women voters and successful in mobilization of women voters in urban areas but still in ruler areas women were being deprived of the right of vote as well as free political choice.

He said that though government had taken many initiatives to increase women participation in politics and had already increased the number of seats in the parliament but the grant of right of vote to them had been far from free political choice.

Naffeesa Shah, former district Nazim said that patriarchy ruled over here despite the fact of access to print and electronic media, political mobilization, soliciting by the parties and constitutional rights, Pakistani women are not free voters. She further said that without literacy and elimination of male domination in the political institutions and legislation, women can never achieve free political choice and powerlessness in the political system has created a sense of alienation among the Pakistani women.

Women & Economics

Women’s Centers, Social Welfare Complexes to be Built

Motivated by the need to devise sustainable solutions for addressing the specific needs and vulnerabilities of the people affected by the October 2005 earthquake, the Earthquake Reconstruction and Rehabilitation Authority (ERRA) has decided to construct Women Development Centers (WDCs) and Social Welfare Complexes (SWCs) in all the nine affected districts of AJK and NWFP. ERRA Deputy Chairman Lieutenant General Nadeem Ahmed while sharing the details of unique initiatives on 17 December said the WDCs will offer free and uninterrupted support and services to women in distress. These centers will provide medical and legal aid, social and psychological counseling, investigation of the cases of violence against women and establishment of the linkages with the law enforcement agencies. The WDCs will also offer refuge to women who require shelter for more than 24 hours up to a maximum of 60 days. Additional assistance may include referral to schools for accompanying children and vocational training. These centers will also facilitate rehabilitation through microfinance of interest free credit upto Rs. 15,000 per case from recurrent budget of the Ministry of Women Development (MoWD), thereby unfolding enormous opportunities for sustainable income through production and marketing of goods and services selected in the light of market demand.

The impetus for establishment of WDCs, which is a joint project of ERRA, MoWD, and the state and provincial social welfare and women development departments, is rooted in the post earthquake scenario where women’s responsibilities have registered a tremendous increase, both in terms of having to assume the burden of caring for orphaned children and persons with disabilities, as well as emerging heads of households and decision makers due to loss of male partners. With a currently estimated 26.7% women headed households in AJK and NWFP, the services that these WDCs and SWCs will provide long lasting impact on addressing the specific needs of vulnerable groups. Both WDCs and SWCs will be constructed in the same compounds but will be managed separately. These facilities will materialize as a result of ERRA’s Social Protection Strategy, which lays down a three-year action plan to support vulnerable groups. The new facilities will be housed within the District Government Complexes being constructed with the assistance of the government of Turkey. ERRA will offer financial support to the tune of Rs. 281,634,100 to construct the WDCs in the affected areas, starting with 6 districts i.e., Mansehra, Abbotabad, Muzzafarabad, Neelum, Bagh and Rawalakot. For a pilot initiative on making markets work for women-headed households to be housed in the Muzaffarabad and Mansehra WDCs. The objective of this component is to ensure that vulnerable women, particularly widows and women-headed households, can participate in income-generating activities. They will have access to skills training, micro-credit schemes, and business start-up and self-employment programmes, including training to small business development and management, and referrals to vocational training programmes and centers. Coming to SWCs, these too will be established in all the nine affected districts of AJK and NWFP. These complexes will strengthen the Social Welfare infrastructure for provision of effective social services. The complexes will house district level social welfare offices and facilities managed by the provincial and state social welfare departments. They will also provide integrated services including medical, educational, legal facilities, psycho-social support, cocational training and hostels for vulnerable groups.

Women’s Empowerment and Gender Equality

GRAP to Boost Women’s Empowerment

An official of Gender Reform Action Plan (GRAP) said on December 3 that GRAP is one of the largest projects on the portfolio of the Women’s Development Ministry. “The overall aim of the project is to promote women’s access to the economic, political and social empowerment at the national, provincial, and district level”. She said that the major function of the GRAP is to develop and implement a logical gender reform agenda, to align policies structure and procedures for enabling the government to implement its national and international commitments on gender and equality issues. She added that the major objectives of GRAP are to help improve the status of women, promote processes that lead towards equal participation of women at all levels of governance by laying foundation for long-term permanent gender equality in the society. She further said that to ensure effective implementation of gender equality in relation to international conventions like Convention on Elimination of all forms of Discrimination against Women (CEDAW), she added. She said that to enhance participation of women across the governance sphere at the federal, provincial and district levels, all stakeholders must contribute positively towards the goal of gender mainstreaming and equality. She said that GRAP envisaged reform in key areas by women, institutional reconstructing, women employment in public sector, policy budgeting and public expenditure mechanism (Gender Responsive), and related capacity building interventions.

Plan Being Worked out to End Discrimination against Women

To evolve a detailed work plan for effective implementation of strategies to eliminate discrimination against women, a two-day intensive and interactive consultation on Convention on Elimination of All forms of Discrimination Against Women (CEDAW) began on 12 December. Organized by the Ministry of Women Development (MoWD) in collaboration with United Nations International Fund for Women Empowerment (UNIFEM) and GTZ, the workshop was attended by focal persons from key ministries to adopt a plan of action for active implementation of CEDAW. Focal persons are meant to implement CEDAW in their ministries and in turn gender sensitize the rest of the population Giving a glimpse of the CEDAW process, Syed Zafar Mahmood, its Project Director, said that Pakistan acceded to the convention in February 1996 that was adopted by the UN General Assembly on December 18, 1979. By acceding to it, Pakistan became state party to the convention and had to submit periodic reports every four years about steps taken to eliminate discrimination against women, he said. He told the participants that the country defended its first report on the prevailing condition women, which was submitted to the UN in March 2005, before a 23-member expert-committee on May 22. He said that the Pakistani delegation was able to respon d satisfactorily to questions raised by the experts. Later the committee set some targets for the government and asked for mentioning steps takeen in this regard in our next report, to be submitted in 2009.

Did you say Women’s Empowerment?

For women who venture out of their homes to make a living not everything goes as planned as their victimization in one form or other seems to continue in this era of women’s empowerment. It does not come as a surprise though in a male-dominated society as ours where all sorts of hurdles are created in way of women wanting to do their bit and support their families in these difficult times. Making tall claims about empowering women is all very well yet the situation on ground remains much the same. If women dare to think big, the men folk would quickly come to the scene to harass them. No wonder then Nosheen Hayat has run in to such problems. This woman who runs a small restaurant selling home cooked food from a mini-van in F-11 Markaz has been threatened by men posing as members of the market committee. Only the other day she was told to pack up her small set-up by these market bullies who apparently are employees of a nearby food outlet. Indeed jealousy has crept in. as these men could not swallow the bitter pill of a woman doing business and doing well at that. It is indeed a clear case of bullying a woman who remains parked in her van for barely a few hours each day to sell her food well away from all shops and outlets in the market. They came in a group and asked us to stop running out business. Said an upset Nosheedn, who has the full support of her husband in doing what she does. The reason cited by the group for issuing the orders was that she was creating problems for shopkeepers. But she points out that these men had no reason whatsoever to ask her to move for she in no way was interfering with their businesses. She said looking visibly disturbed. Surely this bullying act has come as a dampener for this ambitiou1s woman who had started off just a couple of months ago hoping to slowly expand her business. For her doing the cooking and then waiting to sell her delicious food, is of course hard work but she has managed it all remarkably well. It is not that Nosheen was not aware of the problems that she would have to face along the way I knew the road to fulfilling my dreams would be a bumpy, she said. Bumpy of course it has been so far. The cops patrolling the area also tried to find out what’s cooking? Nosheen claims that many people were running their small businesses in the main market by encroach9ing upon Capital Development Authority’s land but no one has ever told them to move. I am being targeted just because I am a woman. She said. Talk of women empowerment? You must be kidding!

Women & HR

Women Trafficking on the Rise in South Asia

At a global level, experts agree on estimates obtained from various sources that in 2002, more that 700,000 women and children were victims of human trafficking. Whereas, the US State Department Annual Report on trafficking in women and children estimates that one to two million people are trafficked world wide each year of which 225,000 are from South Asia, with women and children comprising an overwhelming majority. Traffickers acquire people in a number of ways, almost always approach poverty-stricken communities or people who are the most vulnerable. Sometimes, women and children are kidnapped from one country and taken forcibly to another. They are even lured with job offers. In yet other cases, victims are enticed to migrate voluntarily with false promises of well paying jobs in foreign countries. Some women are trapped in servitude. Women and child workers are not only provided to the sex trade, but to other over-ground sectors of the economy which exploit their extreme vulnerability to ensure that wages are kept in the barest minimum. Trafficked people are the most insecure and vulnerable to physical and sexual and social exploitation, since they are totally at the mercy of the people who are in charge of them.

Due to geographical proximity and relatively porous borders among the South Asian countries, trafficking of women is pronounced; India especially stands out being on the receiving end of the trade. Major routes are known to exist between Pakistan, Nepal, Bangladesh, Sri Lanka and other parts of India from where women are transported to Bombay. Besides this trafficking in huge numbers to the Gulf States from South Asian countries, also takes place. Bangladesh is a country of origin and transit for women and children trafficked for sexual exploitation, domestic servitude and bonded labor. A small number of women and girls are transited through Bangladesh from Burma to India, whereas Pakistan is a destination for women and children trafficked from Bangladesh, Afghanistan, Iran and Central Asia for purposes of commercial and sexual exploitation and labour. Women trafficked from East Asian countries and Bangladesh to the Middle East transit through Pakistan. Internal trafficking of women and girls from rural areas to cities for purposes of sexual exploitation and labour occurs in both countries.

Books/Articles/Reports on Gender

Title: The Women Empowerment Approach: a Methodological Guide

Author: Charlier, S. & Caubergs, L.

Publication Date: June 2007

Publisher: Commission on Women and Development, Brussels

Summary: This dynamic empowerment methodology creates specific yet flexible indicators for development programming in local contexts. First of all it sets out the theoretical foundations that underpin the concept of empowerment, as conceived by women's movements from the South and key thinkers on the issue. It explains the important attributes that determine empowerment levels: assets, knowledge and know-how, will and capacity. It also explains concepts including the circles of empowerment; and the individual and collective levels of empowerment. It then outlines how to measure empowerment by establishing a baseline of women's assets, knowledge, will and capacity. This then enables the formulation of indicators to follow-up on throughout the programme, including improvements in self-esteem, increased income and how it is spent, enhanced knowhow and new capacities. In turn, this informs what the programme inputs (strategies, resources and activities) should be for improving economic, human and social resources, such as material support, training and setting up networks. The methodology also enables an evaluation of the programme that can determine improvements in quality of life for individuals and the building of social justice in terms of gender equality. The document illustrates how the approach works, by referring to contextualized versions used in Bolivia, the Congo, Guinea and Niger.

This resource is available in English at:

http://www.atol.be/docs/publ/gender/women_empowerment_approach_CVO.pdf

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Democracy Watch

ECP News

Elections Delayed till February 18 (Advance News of January 2008)

The Election Commission of Pakistan (ECP) has delayed the general elections slated for January 8 until February 18. Following is notification issued by ECP:

NOTIFICATION Issued by ECP

No.F.2(11)/2007-Cord.- WHEREAS, in the aftermath of unfortunate assassination of Mohtarma Benazir Bhutto, ex-Chairperson of the Pakistan Peoples Party on the 27th December, 2007, the law and order situation in the country suffered deterioration, as a result whereof, the offices of the Assistant Election Commissioners located in Jamshoro, Naushero Feroze, Kamber Shahdadkot, Ghotki, Jacobabad, Badin, Dadu, and Kashmore Districts of the Province of Sindh were set on fire and the buildings along with record including Electoral Rolls, Transparent Ballot Boxes and Voting Screens, etc were reduced to ashes and all activities pertaining to pre-poll arrangements including printing of Ballot Papers and logistics as well as Training of Polling Personnel were affected adversely;

AND WHEREAS, the offices of the District Returning Officers/Returning Officers of Jacobabad, Kashmore, Kambar Shahdadkot and Khairpur Districts of Sindh Province were also set on fire causing damage to the property as well as record;

AND WHEREAS, according to the Political Agent/DRO, Kurram Agency, the law and order situation in that Agency is not conducive for the conduct of Poll, for which requests have been received from the FATA Secretariat, Peshawar for the postponement of Poll in Kurram Agency till restoration of normalcy in the area;

AND WHEREAS, due to riots throughout the country, the pre-poll work and the printing of Ballot Papers has stopped at two Printing Presses at Karachi and one at Lahore, as a result whereof, the logistics process of Ballot Papers along with Election Material, which was scheduled to commence from the 2nd January, 2008 has become impossible;

AND WHEREAS, the Chief Secretaries and Provincial Election Commissioners of all the Provinces have reported in the affirmative regarding the above mentioned law and order situation in the country and the colossal damage caused to the private and public property including offices of the District Returning Officers/Returning Officers and Assistant Election Commissioners;

AND WHEREAS, the month of “Moharramul Haram” is likely to commence from the 10th January, 2008 and as per reports received from the Chief Secretaries, there will be full-fledged commitment of security/law enforcement agencies towards maintaining peace and tranquility and the sanctity of the holy month and, as such, will not be available for performing election duties;

AND WHEREAS, the above mentioned position has been considered by the Election Commission of Pakistan in its Meetings held on the 31st December, 2007 and the 1st January, 2008 and it has been held that in view of the reports of the Chief Secretaries and the Provincial Election Commissioners as well as the available material, it is not possible to hold the Polls for General Elections, 2007-08 on the scheduled date i.e. the 8th January, 2008.

AND WHEREAS, Article 254 of the Constitution of the Islamic Republic of Pakistan, 1973 provides that when any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period;

NOW, THEREFORE, in exercise of the powers conferred on it under Article 6 of the Election Commission Order, 2002 (Chief Executive’s Order No.1 of 2002) read with Section 11A and Section 25 of the Representation of the People Act, 1976 and all other powers enabling it in that behalf, the Election Commission of Pakistan has been pleased to postpone the Polls for General Elections, 2007-08 so as to be held on 18th February, 2008.

By order of the Election Commission of Pakistan.

430,000 Ballot Boxes Reach Districts: EC

Election Commission (EC) Secretary Kanwar Dilshad said on December 24 that around 430,000 transparent ballot boxes had reached all district headquarters of the EC. He told Pakistan television that the use of transparent ballot boxes was part of the government’s efforts to ensure free, fair and transparent elections. He said more than 300,000 voting screens had also been provided to polling stations across the country to enable voters to cast votes in privacy. He said the commission had also trained around 450,000 polling staff.

EC Issued New Electoral Lists after Consulting Parties

Federal Minister for Information and Broadcasting Nisar A. Memon said on December 27 that the Election Commission of Pakistan had made new electoral lists and thousands of new voters had been registered following a consultative process with political parties. He said the ECP had notified and released the polling booths lists of each constituency while those were available at the ECP website, thus, eliminating the possibility of any ghost polling station anywhere in the country.

Returning Officers Dispose of 476 Appeals

As many as 476 appeals against acceptance and rejection of nomination papers for national and provincial assembly seats as well as the seats reserved for women and minorities were disposed of by returning officers. After the acceptance and rejection of the nomination papers by the returning officers, candidates can file appeals with the district and sessions judge who will decide these appeals accordingly.

According to the latest Election Commission figures, in all 94 appeals were filed against the acceptance of nomination papers for the general seats of the National Assembly, out of which 81 were rejected and 13 accepted. In all, 60 appeals were filed against the rejection of papers out of which 35 were accepted and 25 rejected. Both the appeals filed concerning NA seats against the acceptance of nomination papers in Islamabad were rejected by the returning officer. Of 53 such appeals filed regarding NA seats in the Punjab, 45 were rejected while eight accepted.

In Sindh, 27 appeals were filed of which 25 were rejected and two accepted. In NWFP, three appeals were filed and all of them were rejected while seven appeals were filed in Balochistan of which five were accepted and two rejected. In Fata, two appeals were filed; one was rejected and the other accepted. The appeals filed against the rejection of nomination papers on NA seats in Punjab were 21 out of which 12 were accepted while 9 rejected. In Sindh, 15 such appeals were filed of which nine were rejected and six accepted. Out of the five appeals filed in NWFP, four were rejected and one accepted.

In Balochistan, all the seven appeals filed by the candidates were accepted while in Fata eight appeals were accepted and three rejected out of total 11 appeals. As far as the provincial assemblies are concerned, 90 appeals were filed in the Punjab against the acceptance of nomination papers of which 72 were rejected and 18 accepted; in Sindh, 23 appeals were filed of which 19 rejected and four accepted; in NWFP, 20 appeals were filed of which 11 accepted and nine rejected; and in Balochistan, 18 appeals were filed of which 12 were rejected and 6 accepted.

In all, 76 appeals were filed against the rejection of nomination papers in the Punjab of which 46 were rejected and 30 accepted; in Sindh, 18 appeals were filed of which 10 were rejected and eight accepted; in NWFP, nine appeals were filed of which six were rejected and three accepted; and in Balochistan, 47 appeals were filed of which 43 were accepted and four rejected.

For details visit: www.ecp.gov.pk

Seats Adjustments

PML-N, PPP in Accord for Three Karachi Seats

The Pakistan Muslim League (Nawaz), Karachi chapter, and Pakistan People’s Party on December 23 reached a seat-adjustment accord for two Karachi seats of the National Assembly and one of the provincial assembly. The accord was announced by PML-N leader Sardar Rahim at the end of a press conference addressed by Nawaz Sharif after his arrival in the city. Mr Rahim said PML-N candidate Saleem Zia for NA-250 and PS-113 would stand retired from NA-250 in favour of Dr Ikhtiar Baig of the PPP, and he would contest the election only for PS-113. He said the PPP had announced the retirement of its candidate Zulfiqar Qaimkhani from PS-113 constituency and pledged to extend full support to Mr Salim Zia for the provincial assembly seat. Mr Rahim also announced the retirement of PML-N candidate for NA-248 Shaikh Maqsood in favour of PPP’s Nabil Ahmed Gabol.

MQM, PML-Q, PML-F Adjust Seats in Sindh

The Muttahida Qaumi Movement (MQM), Pakistan Muslim League-Quaid-e-Azam (PML-Q) and Pakistan Muslim League-Functional (PML-F) have announced seat adjustments for the January 8 General Elections. Both the PMLs will support the MQM candidates on 22 National Assembly (NA) and 44 (PA) seats in Sindh. Former Sindh CM Dr Arbab Ghulam Rahim and MQM Coordination Committee Deputy Convener Dr Farooq Sattar announced this at Karachi Press Club. Five NA and 15 PA seats have been kept open for all three parties. Sattar said talks were underway for seat adjustment in the Punjab but nothing was finalized yet. No PML-F representative was present.

PML-Q to Back MQM on 22 Seats

The Muttahida Qaumi Movement and the Pakistan Muslim League (Quaid-i-Azam) failed to reach an understanding on seat adjustment for five provincial assembly and one National Assembly constituencies in Karachi after talks on December 25. In other areas of Sindh, candidates of both parties will face each other on four National Assembly and 10 provincial assembly seats. However, accords on the rest of the seats have been reached. The PML-Q, PML-F and the NPP would support the MQM on 22 National Assembly seats while the MQM would support its allies on 34 National Assembly seats. MQM candidates would be backed by the PML-Q and the PML-F on 44 provincial assembly seats while the MQM would withdraw its candidates and support the nominees of the two allies on 71 provincial assembly seats.

Polling Stations

1,160 Polling Stations Declared Sensitive in Balochistan

Secretary Election Commission Kanwar Muhammad Dilshad has said extra security personnel would be deployed at sensitive polling stations. The Secretary said 1,160 polling stations had been declared most sensitive in Balochistan, a private TV news channel reported. Dilshad, who visited Balochistan on December 11, said the provincial home secretary in a meeting briefed him about the law and order situation there and declared 1,160 polling stations as “very sensitive”. He clarified it did not mean that there would be no polling on the election day, but it meant deployment of extra security personnel at the locations. He added that it is a routine and traditional exercise of law enforcement agencies to do homework for the elections aimed at ensuring smooth and peaceful conduct of the polls.

232 Polling Stations Declared Sensitive

As many as 232 polling stations have been declared sensitive in the district. The local administration has decided to deploy over 2,000 police personnel at 764 polling stations for maintaining law and order during the January 8 elections. Briefing local media-persons about the security measures, District Police Officer (DPO) Tariq Hanif Joyia said a contingency plan had been made for holding elections peacefully. The DPO said the district had been divided into 13 sectors and 78 sub-sectors. The SDPOs will supervise each sector and a station house officer (SHO) will be head of each sub-sector. He said, a central security control room would be set up at district police head office, where he himself would monitor the over all security arrangements on the election-day. The officer said, extra police personnel would be deployed at the 232 poling stations, who would be on high alert besides taking other security measures for smooth and peacefully polling. Besides police, about 3,029 employees of police reserves, personnel from Civil Defence, Janbaz, Excise, Forest guard and city watch would also assist the law enforcement agencies on the polling day.

100 Polling Stations Declared Sensitive in Vehari

As many as 100 poling stations out of total 1,002 of District Vehari have been declared sensitive while polling scheme for January 8 has also been finalized. According to Assistant Election Commissioner Vehari, district consists of 4 National Assembly and 8 Provincial Assembly7 constituencies having total registered voters of 1.3 million out of which 0.72 million are male while 0.59 million are female. Total 1,002 polling stations have been set-up for districts out of which 251 are male, 250 for female while 499 would be combined polling stations.

Local administration has declared 100 polling stations sensitive and special arrangements have been made for their security. DPO Malik Tasaddaq Hayat has visited sensitive polling stations in Mailsi and Burewala and issued directions to the staff.

Women & Elections

60 NA Seats Reserved for Women

Contrary to the claims and promises of political parties’ leadership to facilitate genuine party workers, the candidates listed by various political parties on reserved seats for women clearly indicate the elements of nepotism and political bargain. 0ut of 342 National Assembly seats, 60 seats are reserved for women and if a party wins nine seats of national assembly in direct elections it would atomically become eligible to have two reserved women seats. A party worker of PML-Q from NWFP seeking anonymity told that the party workers’ contributions had been totally ignored and those women had been nominated who had no contribution in the party. She noted that they have been only benefited because they are the wives or the daughters of the contestants of General Elections.

Farzana Mushtaq has been nominated from NWFP, as she is a daughter of Mushtaq Ghani who is contesting election on general seat. Another nominated woman from NWFP by the PML-Q, Tahira Bokhari, doesn’t even have the BA degree,” a female party worker said while narrating her ordeal. She said the party has insulted us by telling the media that only three women have been nominated from NWFP for reserved seats and Election Commission has rejected the nomination papers of other women. We couldn’t even think of it that the party would do this with us. Another female party member from PML-Q said reserved seats are not for the wives and daughters of those who are already contesting elections and have influential background but for those party workers who have their contributions for the party but cannot afford to contest elections.

In the list of PML-Q the name of former Federal Minister and niece of Farooq Leghari Sumera Malik is at the top while to gain caretaker governments support the name of interim information minister’s daughter Marvi Memon is among the toppers. The other names that PML-Q leadership thought to be important to be listed in the top ten are Kashmala Tariq, Donia Aziz, Dr Attiya Anayat Ullah, Bushra Rehman, Tanzeela Amir Sultan, Mehnaz Rafi Hajira Tariq Aziz etc. The PML-Q has also nominated the mother of District Nazim Multan, Faisal Mukhtar. The list that has been submitted by the Pakistan People’s Party (PPP) to the Election Commission of Pakistan tells the same story and approximately all the women are from strong background and their close ones already hold strong positions in the party and contesting or had contested general elections before. Dr. Azra Fazal who has been nominated for the reserved seat for women from Sindh is a wife of Fazal Pechuho and sister of Asif Zardari. Shakila Rasheed is a wife of Sheikh Rasheed who was a voice-founding chairman of PPP.

Five Women in the Race for PA Seats in Peshawar

In a surprising but heartening development, five women from Peshawar have joined the race for provincial assembly’s General Seats. The contestants include two members of the previous assembly who had been elected on reserved seats for women. The situation in PF-4 (Peshawar-IV) constituency is particularly interesting as three women are in the field there. The contestants are: a former MPA, Dr Simin Mehmood Jan; a lawyer, Khalida Nasreen, and; the wife of a late union council nazim, Shazia Asif.

Ghaliba Khursheed is contesting from two constituencies – PF-1 (Peshawar-I) and PF-3 (Peshawar-III). She became an MPA in 2002 on a reserved seat. She belongs to the Muttahida Majlis-i-Amal. She is known for her criticism of MMA policies, especially the proposed establishment of a Hisba Force and the office of ombudsman for looking into social virtues and vices. She initially belonged to the Tehrik-i-Islami Pakistan, an MMA component. On various occasions, she openly violated the party policy and even voted in the presidential elections against the alliance’s decision.

Shazia Asif Khan, contesting from PF-4 Peshawar-IV is wife of late Asif Khan Baghi, former nazim of Nauthia union council who lost his life in a suicide bombing on Jan 27. Shazia Asif Baghi, who is not visible on the posters displaying pictures of late Asif Baghi, is a housewife who was encouraged by her in-laws to contest the polls. Safdar Baghi, her brother-in-law, speaking on behalf of the candidate said that she would fulfil the mission left incomplete by her husband and work for the solution of the problems of her areas like her late husband.

Khalida Nasreen is a lawyer and is contesting elections from PF-4 (Peshawar-IV). She pledged that she would serve the poor. She was elected a general councillor in the local government election in 2005. She that sanitation was the biggest issue of her locality and she would try to make her area cleaner.

Kalsoom Ghani is another new face contesting election from PF-5 (Peshawar-V) as an independent candidate.

Seven Daring Women of our Wild West

As total of seven women candidates are directly contesting five different seats of the Balochistan Assembly in the January 8 elections. As many as fifty-one seats of the provincial assembly are at stake for which 537 candidates are in the run. The remaining fourteen seats of the Balochistan legislature will be filled by indirectly elected women nominees of the winning political parties.

Former Federal Minister Zubaida Jalal Mand is vying for PB 48 Kech. Pitched against her is another woman Rahima Jalal Mand apart from eleven other male contestants. Once speculated to be a strong Prime Ministerial hopeful particularly after her meeting with the first American lady, Laura Bush, in Washington, her Pakistan Muslim League-Q (PML-Q) did not prefer to award ticket to her. She is now contesting as an independent candidate and has been allotted the election symbol of Bullock Car. Rahima is also an independent competitor. Zubaida was elected to the National Assembly as independent on a direct seat in the 2002 General Elections. Among others, Shay Zafarullah of the Pakistan People’s Party Parliamentarians (PPPP) and Moulvi Khalid Walid Saifi of the Jamiat Ulema-e-Islam (JUI) or Muthidda Majlis-e-Amal (MMA) are facing the two females. Neither the PML-Q nor the PML-Nawaz has fielded any candidate in this constituency.

Robina Jabeen Butt is contesting for PB 1 Quetta as independent. She faces eleven candidates. Awami National Party (ANP) is Syed Noor Yasin, PPPP’s Shafiq Ahmed Khan, MMA’s Muhammad Din, Muthidda Qaumi Movement (MQM) ís Malik Abdul Rehman, PML-Q’s Naseemur Rehman Khan and PML-N ís Naseebullah Bazai.

In PB 4 Quetta, Mrs Munawar Mano is a candidate against nineteen other aspirants. They include MQM’s Dr. Siraj Ahmed Yousafzai, Balochistan National Party-Awami (BNP-A)’s Dr Muhammad Aslam Kakar, ANP’s Muhamamd Hussain Agha, PML-N’s Muhammad Noor Khan Nasir and PPPP’s Muhammad Younas Mullazai, MMA’s Molvi Muhammad Qasim and PML-Q’s Mir Abid Hussain Lehri.

In PB 6 Quetta, two females Fareeda Kakar and Abida Kakar Killi Babozai are in the run as independent candidates. They are pitched against thirty-two male contestants, who include, among others, ANP’s Dr. Hayatullah, MQM’s Abdul Majeed Khilji, PML-N’s Muhammad Akbar, PPPP’s Malik Atta Muhammad and PML-Q’s Naseer Ahmed Khan.

The PML-Q has put up Mrs. Nasreen Rehman Khetran in PB 17 Barkhan, the only woman candidate sponsored by any political party for the directly contested Balochistan Assembly seat. She is facing six independent candidates.

Sumaira Malik only Hope for PML-Q in Khushab

Independent groups are controlling the electioneering, as the role of political parties is negligible in the district. The traditional role of sajjada nasheens (custodians of shrines) and pirs is playing a vital role in turning the tide in favour of candidates. In addition, no candidate has accepted the ticket of the Pakistan Muslim League-Quaid except former Federal Minister Sumaira Malik who is contesting the polls from NA-69. All former MNAs, MPAs, district nazims and tehsil nazims have launched their drives independently. She has also managed PML-Q tickets for Faisal Awan and Malik Muhammad Iqbal Utra who are contesting for provincial assembly seats. The district was considered a citadel of the PML-N till 1999, but the party is now hot water here. The same case is with the PPP. In the January 8 elections, Sumaira Malik of the PML-Q, Umer Aslam Awan of the Awan group, Malik Tanveer Sultan Awan of the Tiwana group and Malik Irfan Ahmed Gheba are the main contestants. A tough contest is expected between Sumaira Malik and Umar Aslam.

Parties Deny Tickets to Deserving Women

The women wings of political parties are not contributing their full potential in present election campaign as compared to previous ones due to some pinching reasons - being felt ignored less representation, and local grouping. Women wing leaders discouraged by the party selection criteria for awarding tickets to 'Begumats' (elite class women) by neglecting overlook their party worker is main cause behind the less participation of women workers in election campaigns.

While another reason could be 'grouping' among the women wings than their performance in politics, must have affected the selection criteria. The priority list of different parties for candidates for the reserved seats of women in Punjab and National assembly showed the preference for the nearest affiliated groups of party leadership and elite or political background candidates. The party workers felt degraded for ignoring active workers who showed their performance during past five years on assembly floors and in political field for getting mental and physical torture for sake of party. The selection criteria for reserved seats based on 'liking and disliking' caused dejection among the active political workers that hurdle in enthusiastic participation in election campaign. Family politics also caused of low momentum in the election campaign at grass roots level. The election fixing could also be one of reason for less enthusiastic election campaign.

The active women participants in all parties were badly ignored in the priority lists for reserved candidates. According to list for PML-Q women candidate to the reserved seats for NA (Punjab) Sumaira Malik, Kashmal Tariq, Shahnaz Shiekh, Attiya Anaitullah at early numbers while in PA list Naseem Lodhi, Saba Sadiq, Khadija, Majida Zaidi, Aysha Javeed were on top of list while Farida Sulehri and Dr. Farzana Nazir were after 23th place.. It is noted that Sumaira Malik won NA elections as Independent candidate in 2002 elections but top of the list, Shahnaz Shiekh was at third number who was loser from Sahiwal constituency in last elections, Attiya Anaitullah also a turncoat ofPML-N, on number five. While in PA list Naseem Lodhi was at first, Saba Sdiq was at second number while she was turncoat from PML-N, Khadija on fourth number was daughter of Shahana Farooqi who was the president of women wing of PML-Q Punjab, Majida Zaidi at number 7 also turncoat from PML-N, Aysha Javeed at number 9, also a turncoat from PML-N while active participants Farida Sulehri and Dr. Farzana Nazir were after 23rd number in the list. Their party workers annoyed as party leaders preferred turncoats at the top of the list than their active political workers.

Same situation in the list of PPP women candidates to the reserved seats existed for NA and PA (Punjab), Bellum Hassnian group dominantly got the seats in top of list. The active participants including Saghera Islam, Sajida Mir from worker class, Azma Bukhari and Fiaza Malik showed their good performance on the assembly floor during five years and in political fields to brave jail and police torture during protests but they got 12th, 22nd and 23rd numbers in the list. While Pakistan Christian National Party (PCNP) has quitted from PPP due to unfair behaviour in awarding tickets.

Third leading party PML-N did not finalize their reserve seat candidates but their active workers have grudges that their party leaders did not ask them for PA or NA seats. President Women wing PML-N Punjab Najma Hameed told this scribe that they considered their political workers instead of elite class or the ladies who have political background in their priority list of women reserved seats for NA and PA assembly. Their political workers said that they did not leave party even in bad days but party leaders did not take them in confidence for selection and did not ask for nomination of their close relative for reserved seats. They said that political parties became business game in political field but they would prefer to continue struggle for the party ideology and country than other gains.

The active political workers bear physical and mental torture during protests for the party but party leaders ignored their efforts, struggles and agony while selecting members for reserved seats. Seniors or old women political workers were disheartened by the party's biased attitude towards awarding tickets to the newly affluent members. The women (political worker) who have to persuade other women to exercise their vote for their own rights suffered due to grouping and elite class trend in party ticket awarding. Parties have ignored the importance of active participation of women wings in party promotion among women on grass roots level through their door to door or corner meetings in election campaigns. This would affect low turn out of women voter in Elections and indirectly affected their results.

It was observed that mostly housewives even educated ladies avoid to come out for vote any candidate. The Joint Secretary of Election Commissions of Pakistan (ECP) R.B Jan Wahidi in a statement underscored the need for promotion of female literacy to check low participation of women in the elections. It is party's duty to observe, identified and understood the causes of low participation by women because women are the half of the population that is totally neglected in their election campaigns. The efforts of the past government regarding maximum participation of women in all spheres of national life maltreated by giving preference to elite, influential group workers than true active political worker from grass roots level.

Political Parties’ News

Bilawal Bhutto Zardari New Chairman

An angry and deeply wounded Pakistan People’s Party on 30 December decided to fight back under a new leadership, naming the 19-year-old son of Benazir Bhutto, Bilawal Zardari, the chairman of the party and his father Asif Ali Zardari as the co-chairman. Bilawal Zardari was simultaneously renamed Bilawal Bhutto Zardari on the occasion. The party also declared that it would go into the polls on Jan 8 and would resist all attempts to delay them. Flanked by Asif Zardari and Makhdoom Amin Faheem, the young Bilawal read out a brief statement, in confident tones, surprising the national and international media, accepting the unanimous CEC decision to become the party Chairman in place of his mother. The decision to elect Bilawal as Chairman was taken by his father, as the late Ms Bhutto had nominated Asif Ali Zardari as the party Chairman in her will which she had signed on October 16, 2007, two days before returning to Pakistan.

Violation of Code of Conduct

PML-Q Accused of Violating SC Decisions, EC Ethics

Central leader of Pakistan People’s Party Senator Latif Khosa has accused the PML-Q of violating the Supreme Court decisions and ethics issued by the Election Commission of Pakistan for holding general election in the country. Addressing a Press conference at the party media secretariat he said the state machinery and resources are being used for the election campaign of PML-Q and its allied parties in the country. He said that on the one hand the government claims to hold transparent polls on January 8 but, on the other, openly supporting the PML-Q candidates. Latif Khosa said that police personnel have also been appointed on contract who would be used for occupying the polling stations and rigging in the polls. He said that the government claims that police personnel have been appointed to maintain law and order situation but it is wrong as they have been appointed to rig the polls. He said that some caretaker minister from NWFP and Balochistan are also contesting election although the government had announced that the caretaker government wouldn’t be eligible to contest polls.

Manifestoes

Ds or Es - all should lead to 'Restore' Harmony

When the PPP opted to announce its ‘five Es’ Election Manifesto on the eve of party’s 40th birth anniversary, Pakistan Muslim League (Q) chose the International Human Rights Day for unveiling its ‘Five Ds’ manifesto. November 30 and December 10 might be lucky days for PPP and PML respectively, but how lucky their manifestos could be for the poverty struck and unemployed people of this country, is a question yet to be answered. Then for the PML-N, twice rulers of the country, the date for announcing manifesto was December 15, just one day earlier of the ‘Day’ that reminds us of the 1971 nightmare. Gist of its manifesto, the ‘RESTORE’ - is equally revolutionary. Coming up with Ds, Es and RESTORE, all these major players of national politics are trying to shine out on the political stage set for 2008 polls, through their new moves.

Rivals of yesterday (PPP & PML-N) are poised to be friends of today by joining hands against their common rival Pakistan Muslim League-Q. Their manifestos are seen loaded with pro-people agenda and revolutionary promises to materialise the unfulfilled dreams of masses. If PPP elaborates its manifesto with Five Es - Employment, Education, Environment, Energy and Equality, the PML comes up with five Ds - Democracy, Development, Devolution, Diversity and Defence and a theme of tolerance and ‘Live and Let Live.’ But PML-N has seven points - the ‘RESTORE’ - Restoration of Judiciary (R), Elimination of military rule in politics (E), Security of lives and property of people (S), Tolerant and pluralistic society (T), Overall national reconciliation (O), Relief for poor (R) and Employment and Education (E). Seeing these 17 points of all the three manifestos, one can feel, most is yet needed to be done. More or less the same, in these manifestos, PML-N has just two additional points. Leaving other points apart, the most important at present, is national reconciliation, the idea might have been described with the word ‘Equality’ in PPP’s manifesto and with ‘Diversity’ in PML’s manifesto. If they really mean ‘reconciliation’, both PPP and PML, when they talk of Equality and Diversity (as PML-N has clearly mentioned it in their manifesto).

Manifestos for Election 2008 – Parties’ Stance Vague on Key Issues

The analysis of manifestoes, unveiled by the major political parties ahead of the general election 2008, is an attempt by the Pakistan Institute of Legislative Development and Transparency (PILDAT) to illustrate how much the political parties are keen to address the key national issues being confronted by the country today. The comparative analysis of election manifestos of all the major political parties aims to provide a tool whereby the general public becomes more aware of the alternative choices available to them in the form of different political parties.

The paper covers the manifestoes of the Awami National Party (ANP), Muttahida Majlis-e-Amal (MMA), Muttahida Qaumi Movement (MQM), Pakistan Muslim League-Q (PML-Q), Pakistan Muslim League-Nawaz (PML-N) and Pakistan People's Party (PPP). Instead of analyzing the manifesto of each political party separately, the paper analyses the position of each of the parties included in the study on a list of issues including economic, political and social issues and nuclear policy and foreign relations. The list of issues, analysed in the study has been either derived from the results of various recent public opinion polls in which people have ordered issues of importance or PILDAT has picked them as issues that dominate the 2008 election debate. For the purpose of analysis, parties' positions have been defined as General, Detailed, Extensive or No Stance. The analysis of the manifestoes reveals that on most issues, the PPP and the PML-N have outlined detailed or extensive policies. Some other parties like PML-Q and the MQM have also focused on some issues but in contrast comparison to the PPP and PML-N who have had experienced governments in the centre and in the provinces. The positions of other political parties lack comprehensive treatment. A common feature of the manifestoes is the generality or vagueness of their positions on a number of issues. At times, the articulation of the positions amounts to non-statements. Despite this common flaw, some parties have taken specific positions on some issues and that makes the public accountability of the party easy once it comes into power and serves for a term. Apart from parties' positions on each issue tabulated in the study, the party position chart in the beginning of the study outlines whether a party has taken a position on the issue and the extent of the policies of each party contained in their manifestoes on the categorisation of general, detailed and extensive. On the broader cluster of economic issues including unemployment, poverty alleviation, agricultural development and water resources and energy, the PML-N and the PPP have presented detailed policies followed by the PML and the MQM. The ANP, mostly focusing on economic issues faced by the NWFP has taken a detailed position only on the agricultural development and water resources stressing its position against the construction of new water reservoirs. On the critical issue of energy crisis in the country, both MQM and the PML have outlined no position in their manifestoes while only the PPP has discussed the subject in detail with all remaining parties with a general mention of their position on the issue. The most striking and bold aspect of the PPP's economic manifesto is the commitment to provide guaranteed employment for at least one year. In the section containing political issues including independence of the judiciary, civil-military relations, sovereignty of the parliament, provincial autonomy, devolution and the local government system, status of FATA, policy to counter terrorism, independence of the media, corruption and accountability, both the PML-N and PPP have made extensive pledges. The PML-N is the only political party that has devoted a chapter in its manifesto to the independence of the judiciary and the civil-military relations, taking a clear position on the reinstatement of the deposed judges. The PML and MQM, both allies of the Musharraf-regime, have taken no position on the question of civil-military relations or on the role of military in politics or the independence of the judiciary. The PPP is conspicuous by taking a very brief, general and almost vague position on the independence of judiciary and by taking no position at all on the reinstatement of the judges deposed unconstitutionally on November 3, 2007.

Election Observers

The Researchers to Observe Women's Constituencies

The Researchers, a non-profit organization, with the support of The Asia Foundation is undertaking observation of 40 selected national and provincial constituencies being contested by women in General Elections-2008. In this regard The Researchers will be fielding almost 350 International, Domestic and Constituency based observers. A comprehensive report would be produced covering pre-election, election-day and post-election observations. This project would be the first-ever documentation of the observation of women contested constituencies in Pakistan and in Asia. The Researchers’ Executive Director Aazar Ayaz maintained that “Pakistan is unfortunately weak in researched documentation in general and more so on political/ electoral documentation especially for women and minorities,” “In the current political situation the self repeating questions are: “what is free and fair election? What would happen? Who will be responsible for transparency and accountability?” “The credibility of electoral processes would thus be established by impartial and credible observers’ report” he added.

The Researches (TR) is a research based civil society organization with sister organizational linkages in 85 districts of Pakistan. TR is also the regional convener and secretariat of Women in Politics in Asia Forum (WPAF), which was established in the year 2005. Both TR & WPAF have been gradually moving towards their target of increased research based documentation on women’s political progress at national, regional and international level. WPAF has its regional linkages through its country chapters in Thailand and South Korea with King Pradjadhopik Institute (KPI) and Korean Institute of Women in Politics (KIWP), respectively. The objective for the country chapters is to promote national research and cross fertilize regional research focusing democracy and women’s participation. The detail about TR & WPAF can be found at www.theresearchers.org & www.wpaf.org, respectively.

151 Women Contesting Polls on General Seats

As many as 151 women candidates will be contesting for 52 National Assembly and 87 Provincial Assembly general seats for the Election 2008. The Executive Director The Researchers, a non-profit research based organization, Aazar Ayaz said that 64 women candidates are contesting for 52 National assembly constituencies while 87 women are in the run for 79 provisional assemblies’ general seats. The province wise break up of women candidates in Punjab is 41 who are in the field for 35 constituencies, while 15 candidates will be contesting for 12 constituencies, whereas in NWFP and Balochistan there are 3 candidates each contesting for 2 constituencies respectively. In Islamabad 2 candidates are contesting polls on one constituency, he added.

The Researchers is undertaking monitoring of 64 selected national and provincial assemblies’ constituencies being contested by women in General Elections-2008. In this regard The Researchers will field almost 400 electoral processes observer - both international and domestic - at constituency level. A comprehensive report covering pre-election, election day and post-election period will be produced within one month of the completion of process. This project is first-ever documentation of its kind not only in Pakistan but in Asian region.

European Union (EU) Election Observers

Full EU Mission Impossible for January 8 Polls

Foreign election monitors cautioned on 31 December that a full observation mission would be impossible if the polls went ahead next week because the unrest had caused them to delay preparations. Mathias Eick, a spokesman for the EU-led mission said that we cannot follow our standard methods if the date stays January 8.

Commonwealth Poll Observers

Government Disallows Commonwealth Poll Observers

The Foreign Office (FO) said on December 26 that Pakistan rejected the Commonwealth’s request to issue visas to its observers for the January 8 elections. FO spokesman Muhammad Sadiq said Pakistan would review its relation with the 53-nation organization after the elections. “The Commonwealth has said that it will review Pakistan’s suspension from the organization after the polls. That is the time when we will actively consider our relationship with the Commonwealth.

He said Pakistan had approved 200 visas for election observers, including 60 from the International Republican Institute (IRI), 12 from the European Union (EU) and 55 from other countries. The IRI’s observers belong to various countries like the USA, Iraq, Cambodia, Liberia, Azerbaijan, Morocco and South Africa. Some of the observers have reached the country. He said the observers included parliamentarians, journalists, and civil society members. “A non-government organization

He further said that The Researchers is brining in civil society members from various countries including Switzerland and Germany.

National Democratic Institute (NDI)

According to the press release (December 20, 2007) available on the website of NDI, former Senate Majority Leader Tom Daschle told a House panel on December 20 that despite the lifting of the state of emergency and President Pervez Musharraf’s retirement from his military post, Pakistan has done virtually nothing in recent weeks to ensure that credible elections can be held in that country,

Daschle appeared before the House Oversight and Government Reform Subcommittee on National Security and

Foreign Affairs to report on the findings of a pre-election assessment mission he headed in October for th National Democratic Institute (NDI). He is a member of the NDI Board of Directors. The October assessment and an earlier NDI mission in May both identified critical issues that needed to be addressed by the Pakistani government to improve the inclusiveness and credibility of the election process. Daschle said that virtually nothing has been done since our first report to strengthen the prospects for legitimate elections. Moreover, the negative effects of the state of emergency have only exacerbated pre-existing problems. President Musharraf’s shedding of his military uniform “has not undone the damage of eight years of military rule to the basic institutions of rule of law and democracy in Pakistan,” he said. “Similarly, the lifting of the state of emergency is not alone sufficient for ensuring democratic elections. It is only the first of many steps the government would have had to take to avoid a further deepening of Pakistan’s current crisis.” Other problems cited by the Senator included:

  • The severe erosion of the independence of Pakistan’s judiciary and ongoing house arrest of deposed Supreme Court judges;
  • New restrictions on the press severely limiting their independence; and
  • The role of intelligence agencies and other restrictions on opposition political parties, which do not have the freedom to campaign freely.

The Pre-Election Assessment Mission’s full October statement is available on the NDI website at

http://www.ndi.org/worldwide/asia/pakistan/pakistan_peam_stamt_2007oct.pdf.

Free and Fair Election Network (FAFEN)

The Free and Fair Election Network (FAFEN) has deployed coordinators in more than 250 National Assembly constituencies across the country to observe all aspects of the election process. These observers send weekly reports to the FAFEN Secretariat based in Islamabad, which uses to raise the issues with various stakeholders with a view to improving quality of electoral process. Following are the reports released by FAFEN after December 15, 2007.

Election Intimidation and Harassment

While these regular reports are covering various aspects of the election process, this report provides an update of issues related to election intimidation and harassment. This report focuses on the role of police and intelligence agencies in the electoral process and provides information about incidents of intimidation and harassment of candidates and their supporters by these security agencies during the election campaign. Election Update-7 also gives some information regarding harassment of voters by candidates and their supporters. The following sections give detailed country-analysis:

1. Police Partisan Action and Harassing Candidates and Supporters: Reports of police intimidation of candidates have been received from 18 constituencies of 11 districts – eight in Punjab and three in Sindh. The districts where police are harassing candidates are Gujranwala, Sargodha, Faisalabad, Rahim Yar Khan, Muzaffargarh, Multan, Rawalpindi and Lahore in Punjab and Jaccobabad, Dadu and Thatta in Sindh.

According to FAFEN observers’ reports, police are harassing supporters of candidates in 19 constituencies of 10 districts – eight in Punjab and two in Sindh. Police are harassing supporters of particular candidates in Gujranwala, Sargodha, Faisalabad, Rahim Yar Khan, Muzaffargarh, Multan, Khanewal and Lahore in Punjab and Jaccobabad and Thatha in Sindh. Similarly, FAFEN observers from 195 constituencies have reported that police are supporting a particular candidate in 35 constituencies of 18 districts – 14 in Punjab and four in Sindh. The districts where police are reportedly supporting a particular candidate are Chakwal, Mandi Bahauddin, Sargodha, Kasur, Faisalabad, Okara, Rahim Yar Khan, Muzaffargarh, Multan, Rawalpindi, Khanewal, Lahore, Vehari and Jhelum in Punjab and Dadu, Karachi South, Umerkot and Thatha in Sindh.

2. Provision of Security: According to reports from 195 constituencies, police are providing security to all candidates in 47 constituencies of 31 districts – 12 in NWFP, 10 in Punjab, eight in Sindh and one in Balochistan. Police are giving security clearance to all candidates in Hafizabad, Jhang, Faisalabad, Toba Tek Singh, Okara,

Dera Ghazi Khan, Muzaffargarh, Rawalpindi, Lahore and Vehari in Punjab; Mardan, Kohat, Bannu, Haripur, Khyber Agency (FATA), Upper Dir, Shangla, Swabi, Lower Dir, Karak, Lakki Marwat and Nowshera in NWFP; Khairpur, Sukkur, Naushehro Feroze, Badin, Mirpurkhas, Umerkot, Nawabshah and Thatha in Sindh; and Jhal Magsi in Balochistan.

On the other hand, reports sent by FAFEN observers show that police are providing security only to a particular candidate in 16 constituencies of 14 districts -- seven in Punjab, five in Sindh and two in NWFP. In Punjab, police are providing security to particular candidates in seven constituencies of Kasur, Dera Ghazi Khan, Muzaffargarh, Multan, Khanewal, Lahore and Jhelum in Punjab; Kohat and Swabi in NWFP; and Jacobabad, Dadu, Sukkur, Tando Mohammad Khan and Thatha in Sindh.

3. Intimidation and Partisan Action by Intelligence Agencies: FAFEN observation reports reveal that in nine constituencies (five districts of Punjab and one each in Sindh and NWFP), officials of intelligence agencies are intimidating some candidates. Such reports have come from Chakwal, Faisalabad, Dera Ghazi Khan, Lahore and Jhelum in Punjab; Khyber Agency (FATA) in NWFP; and Thatta in Sindh. FAFEN observers have also sent reports from 18 constituencies of 10 districts (seven in Punjab, two in Sindh and one in NWFP) stating that officials of intelligence agencies are wooing support for a particular candidate. Such reports have come from Sargodha, Jhang, Faisalabad, Rahim Yar Khan, Khanewal, Lahore and Jhelum in Punjab; Mardan in NWFP; and Jaccobabad and Thatta in Sindh.

4. Partisan Activists’ Intimidation, Destruction of Election Materials, and Violence: FAFEN observers have reported that supporters of a particular candidate are intimidating and harassing members of the public in 17 constituencies. These constituencies are situated in six districts of Punjab and three districts each in NWFP and Sindh. Supporters of candidates are harassing people in Gujranwala, Hafizabad, Faisalabad, Khanewal, Lahore and Jhelum in Punjab; Buner, Peshawar and Swabi in NWFP; and Malir, Nawabshah and Thatha in Sindh.

FAFEN to Field 20,000 Non-Partisan Observers on Election Day

The Free and Fair Election Network (FAFEN), a coalition of 40 independent, non-partisan civil society organizations formed in 2006, is appointing more than 16,000 Polling Station Observers (PSOs) to observe the election process in every district of Pakistan on Election Day. These observers will work in pairs and will be assigned to approximately 8,000 polling stations, observing more than 16,000 male and female polling booths around the country. In addition, approximately 4,000 FAFEN Mobile Observers (MOs) will visit about 40,000 polling stations on Election Day. FAFEN will observe all stages of polling on Election Day including the voting process and counting. FAFEN will also observe the process of consolidation of polling station results by Returning Officers in 264 constituencies. FAFEN Constituency Coordinators have been monitoring election-related developments in 264 National Assembly constituencies since October 2007 and sending weekly reports to the FAFEN Secretariat and Data Center in Islamabad. FAFEN has issued seven “Election Updates” in addition to its many other public statements about the electoral environment and preparations during 2007.

Citizens Group on Electoral Process (CGEP)

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

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 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.

Benazir Bhutto’s Assassination

Benazir Assassinated

Former Prime Minister and Chairperson of the Pakistan People’s Party Benazir Bhutto was assassinated in a gun and suicide attack minutes after she addressed a huge election rally on December 27. Shots were fired at her before a suicide bomber blew himself up near her bullet-proof jeep as it pulled out of the Liaquat Bagh gate. Bullets pierced her neck and damaged her trachea, which proved fatal. The attacker blew himself up as guards attempted to overpower him. More than 28 people were killed and some 100 injured, including Benazir’s political secretary Naheed Khan and Sherry Rehman in the attack. Benazir Bhutto was rushed to the nearby Rawalpindi General Hospital (RGH) where she passed away during surgery. Professor

PPP activists and supporters throughout the country went on rampage to express indignation over Benazir’s tragic death. They burnt tyres, blocked roads and damaged buildings and vehicles. The tragedy shocked all and sundry in Pakistan and left every one speechless.

After the assassination, there were initially a number of riots resulting in approximately 20 deaths, of whom three were police officers. Around 250 cars were burnt; angry and upset supporters of Bhutto threw rocks outside the hospital where she was being held. Through December 29, 2007, the Pakistani government said rioters had wrecked nine election offices, 176 banks, 34 gas stations, 72 train cars, 18 rail stations, and hundreds of cars and shops.

Nawaz Sharif, the leader of the rival opposition party Pakistan Muslim League (N), stated that "This is a tragedy for her party, and a tragedy for our party and the entire nation." President Musharraf decreed a three-day period of mourning.

Mehsud behind Benazir’s Assassination: Interior Ministry Spokesman

Interior Ministry spokesman Brig (Retd) Javed Iqbal Cheema on December 30 said the suicide attacker, who blew himself up near the vehicle of Benazir Bhutto while she was leaving Liaquat Bagh after addressing a rally was an al-Qaeda operative belonging to Baitullah Mehsud’s group. But at the same time he claimed that Bhutto did not die of the bullet fired by terrorists or shrapnel flying out when the suicide bomber blew himself up but of a wound caused when she hit her head on one of the levers of the ‘sunroof’ of the vehicle through which she had emerged to waive to the cheering supporters around her vehicle.

Baitullah Denies hand in Benazir’s Assassination

Militant commander Baitullah Mehsud, accused of masterminding the suicide attack that killed former Prime Minister and PPP chairperson Benazir Bhutto in Rawalpindi, has rejected the allegations as baseless. Maulvi Omar, a spokesman for Baitullah Mehsud and his Tehreek-e-Taliban Pakistan, said that ee are equally grieved by the tragic death of Benazir Bhutto and extend our sympathies to her family and party workers in this hour of grief. Baitullah Mehsud, Ameer or central leader of the recently-formed Tehreek-e-Taliban Pakistan, was accused by the Interior Ministry Spokesman Brig (retd) Javed Iqbal Cheema of sending the suicide bomber who blew himself up near the vehicle of Benazir Bhutto outside the Liaquat Bagh in Rawalpindi. Maulvi Omar, who made a call to The News from an undisclosed location, on December 29 said Baitullah Mehsud, while sensing the gravity of the allegations levelled against him, convened an emergency meeting of Tehreek-e-Taliban Pakistan Shura comprising senior militant commanders at a secret place somewhere between South and North Waziristan tribal region to clarify his position.

National and International Media Laments Benazir’s Assassination

Following are the extracts from some of the major national and international newspapers. Media, throughout world, lamented Benazir’s assassination and called it a national tragedy.

Dawn

Dawn in its editorial termed the tragedy as “a dream snuffed out”. “No amount of condemnation will compensate for the sense of loss that fills millions of hearts across the land today. It is a tribute to the tenacity of Ms Bhutto, the politician par excellence, that she kept her father’s political legacy alive in a male-dominated society. He had championed the popular cause and had given a sense of dignity to the common man in Pakistan. Benazir Bhutto had the mettle to do the same. The repercussions of her murder will continue to unfold for months, even years. What is clear is that Pakistan’s political landscape will never be the same having.”

The News

“Benazir Bhutto, the unfortunate daughter of the east, the most popular leader of the country, the bold and fearless crusader for democratic and human rights, the only leader who genuinely represented the federation that is Pakistan, was assassinated by an assassin’s bullet in Rawalpindi, just 70 days after she returned from self-exile. She was a determined lady and a brave one too. She kept pushing for an end to the military domination through free and fair elections, through quiet, secret diplomacy or through active vibrant campaigning. It now appears that while she was deeply concerned about the killers on the loose, and did whatever she could to protect herself, the State which was supposed to provide her protection as a citizen, and an important one at that, failed miserably.

The Post

The Post, in its editorial “Weep for BB, Weep for Pakistan” said: “While the country mourns and weeps for a courageous young woman leader cut down in untimely fashion by the perpetrators of terrorism, there are many whose eyes will be full of worry and tears for the future of the country”.

Daily Telegraph (UK)

Daily Telegraph in its editorial titled, “Hope Dies with Bhutto’s Murder” stated that most assuredly, Bhutto's assassination robs her nation of a woman of great vision and potential.

Economist (UK)

“Despite her failings, Miss Bhutto was the unrivalled leader of Pakistan’s biggest and most secular party—an astonishingly resilient survivor of on-off military rule. It was thus that America and other western powers urged Mr Musharraf first to encourage Miss Bhutto back from exile, then to share power with her. And indeed that had looked likely, until her violent homecoming. Miss Bhutto blamed senior army officers with Jihadist sympathies for that attack.”

Hindustan Times (India)

'Pakistan's daughter of democracy falls to a suicide attack, throwing the country into political uncertainty and a vortex of jehadi violence'. 'The murder of Benazir Bhutto has driven home one single point: Pakistan has fallen off the edge,' Hindustan Times said in an editorial headlined 'The light goes out'.

The Asian Age (India)

'A hope is lost', The Asian Age declared, carrying below the headline a photograph of Bhutto coming down the steps of the dais after addressing the Rawalpindi rally.

World Leaders’ Tribute to Benazir Bhutto

Dismay and condemnation from the world followed the assassination of Benazir Bhutto.

The UN Security Council voted unanimously to condemn the killing and urged all nations to help bring those responsible for "this reprehensible act" to justice.

In India, which has fought three wars against Pakistan, Prime Minister Manmohan Singh said Ms Bhutto was irreplaceable. He said she tried hard to improve relations between the two nuclear-armed countries. "I was deeply shocked and horrified to hear of the heinous assassination," Mr Singh said. "In her death, the subcontinent has lost an outstanding leader who worked for democracy and reconciliation in her country."

In the US, a tense-looking President George W. Bush demanded those responsible be tracked down. "The United States strongly condemns this cowardly act by murderous extremists who are trying to undermine Pakistan's democracy," he said.

Afghanistan President Hamid Karzai, who met Ms Bhutto in Islamabad hours before she died, said he was deeply pained by the murder of "this brave sister of ours, a brave daughter of the Muslim world". "She sacrificed her life, for the sake of Pakistan and for the sake of this region," he said. "I found in her this morning a lot of love and desire for peace in Afghanistan, for prosperity in Afghanistan and . . . Pakistan."

In Britain, where Ms Bhutto had gone to Oxford University, Prime Minister Gordon Brown said she "risked everything in her attempt to win democracy in Pakistan and she has been assassinated by cowards who are afraid of democracy".

Iraqi President Jalal Talabani said Pakistan had lost a courageous politician who stood firm against "the forces of darkness and terror".

French President Nicolas Sarkozy called the attack an "odious act".

Italian Premier Romano Prodi said he was filled with grief and called Ms Bhutto "a woman who chose to fight her battle until the end.

The European Commission said the killing was “an attack against democracy and against Pakistan.”

Russian President Vladimir Putin said he hoped “the organizers of the crime will be found and that they get the punishment they deserve”.

Canadian Foreign Minister Maxime Bernier said: “The anti-democratic intent of the perpetrators could not be more obvious.” Reactions were equally strong throughout the Muslim world.

Turkey , a close ally of Pakistan, urged Islamabad not to stray from the path of democracy and said the killing “undoubtedly aims to draw Pakistan into chaos and instability”.

In the United Arab Emirates, where Bhutto lived in exile for some years, Foreign Minister Sheikh Abdullah bin Zayed al-Nahayan said “the UAE has been tormented by this huge loss”.

Iran urged authorities to track down the “terrorists” responsible.

The 57-nation Organization of the Islamic Conference (OIC), the largest pan-Islamic organization, condemned “the outrageous and brutal murder” and the 22-member Arab League called it a “heinous terrorist crime”.

Bangladesh , once known as East Pakistan, condemned the “barbaric act.”

Reactions were also strong in East Asia. Chinese foreign ministry spokesman Qin Gang said his country was “shocked ... and strongly condemns the terrorist attack.”

Japanese Foreign Minister Masahiko Komura said: “It is absolutely unacceptable to try to solve something by the means of violence.”

In Latin America, Argentinian President Cristina Kirchner condemned what she called a “barbarous attack”, while President Luiz Inacio Lula da Silva of Brazil spoke of his “great pain and indignation”.

Civil Society and Intellectuals

Civil society activists on 28 December held a joint rally to protest Benazir Bhutto’s assassination.

The Human Rights Commission of Pakistan demanded UN inquiry into the assassination of Pakistan People's Party Chairperson Benazir Bhutto, slamming the government for eliminating concrete physical evidences by washing the crime scene. HRCP Chairperson Asma Jahangir said that circumstantial evidence implied that the government was guilty of foul play. She said the way government took no time in washing the crime scene to give the impression that nothing had happened there and the way it forced the burial showed that some elements in the government felt guilty and they were afraid of being caught. She argued that how can we trust a government, which brutally targeted and killed Bugti and his tribesmen, never exposed to the people how many women and children it had killed in Lal Masjid operation and recently attacked a PML-N rally. She said that the UN should, therefore, intervene and hold an independent inquiry as it did after the assassination of Harriri. She said that Benazir was a greater leader than Harriri and her killing would not only bring chaos to the country but also jeopardize the federation.

UN envoy on Human Rights in Pakistan and HRCP vice-chairperson Hina Jilani told that the assassination of Benazir had left a great vacuum in the country's political arena. She said Benazir's assassination was a big blow to the struggle for women empowerment.

The Free and Fair Election Network (FAFEN) has expressed its deep sorrow over the assassination of the chairperson of the Pakistan People’s Party Mohtarma Benazir Bhutto, calling it one of the greatest political tragedies of Pakistan. The assassination of a popular leader on her election campaign trail was the result of failure of state’s security and intelligence apparatus to provide her adequate, fool-proof protection especially when she was facing a clear and present danger to her life, which the state was aware of. The state must take responsibility of its failure to provide security to her and hundreds of others who lost their lives to terrorism over the past few years. It urged an independent tribunal, comprising members who are perceived as neutral and whose integrity is aboveboard, should be set up immediately and given a deadline to finalize its findings that should be made public.

Peter W. Galbraith , a former US Ambassador to Croatia, in his write up “With Benazir’s Death, No Obvious Hope on the Horizon”, opined that Benazir Bhutto did not survive her last campaign to restore democracy to her country. After her murder, Pakistan may not survive either.

Wendy Chamerlin (President of the Middle East Institute and US Ambassador to Pakistan from 2001 to 2002) and Marvin Marvin Weinbaum (Former Pakistan and Afganistan Analyst at the State Department’s Bureau of Intelligence and Research), in their analysis, put forth can national stability best be secured through a strongman Government of the kind offered by President Pervez Musharraf? Or is stability best best guaranteed through a democratic election that restores civilian rule committed to cracking down on extremist violence, building the rule of law and delivering services to the people? Benazir Bhutto promoted the second option. Tragically, she dies doing so.

Ramesh Thakur , Indian columnist in his article, “Implications of Assassination” said that Benazir Bhutto’s assassination provides another tragic opportunity to grasp the reality that the destinies of all South Asians are bound up with one another. Like Indira and Rajiv Gandhi, Benazir did not lack in courage and accepted the risks to personal life as the necessary price of the political cause to which she was devoted. As in India, different groups in Pakistan have tried to harness religious sentiment to their own cause. Unlike in India, where the principles and institutions of democratic contestation have absorbed and buried the violence, in Pakistan the dictators themselves have pitted religious groups against the popular political parties. This was done by Zia-ul-Haq and has been repeated by Pervez Musharraf in a pathology common to most military rulers.

Dr Hasan-Askari Rizvi in his article, “Pakistan after Benazir Bhutto” comments that the assassination of Benazir Bhutto is a tragedy not merely for her family and the Pakistan People’s Party but also for Pakistan. She was a formidable political leader who was known for her determination and courage in pursuing her party’s ideals.

Javed Jabbar in his column paid tribute to Benazir Bhutto by saying that She was a leader of global calibre, and not just a daughter of the east. She inherited a powerful political legacy and sustained it in many ways while also enhancing it in some respects and diminishing it in others. In the new era of globalization in the last two decades of the 20th century, in the face of dramatic geopolitical changes that swept the world, in the context of the traumatic turmoil that has marked Pakistan’s history in the first seven years of the 21st century, she remained, at home and in self-exile, a unique and formidable leader.

Fasih Ahmed in his article opines that Ms Bhutto will be far more dangerous in death than she was in life for those who feared and vilified her. Her assassination has shattered the nation. The nation will never forget her sacrifice.

Babar Ayaz pointed out that the greater tragedy is that no other leader of this blighted country has countrywide support, from the snowcapped mountains of Karakoram to the seashores of Karachi and Balochistan. With all her past follies, it is accepted even by her foes that she led a party which is an adhesive to keep the Federation of Pakistan. It is also that her understanding of domestic and international politics was far better than her political peers.

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Governance at Large

Constitutional Amendments

Constitution Amended

President Pervez Musharraf on December 14 amended various articles of the Constitution providing protection and continuity to the superior courts judges who took oath under the Provisional Constitution Order (PCO), and removed those who did not take oath under the PCO. However, they would be entitled to pension and other retirement benefits. The amendments were made a day before he intends to lift emergency and restore the Constitution.

The President, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.

The President of Pakistan has promulgated the Constitution (Second Amendment) Order 2007, in exercise of his powers under the Provisional Constitution Order No 1 of 2007. Under the above mentioned Order Articles 41, 44,193,194,208 and 270C of the Constitution have been amended.

Clause (3) of Article 41 has been amended; the words, brackets and figure "to be elected after the expiration of the term specified in clause (7)" shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988. Clause (2) of Article 44 has been amended, for the words "Subject to the Constitution" the words "Notwithstanding anything contained in the Constitution" shall be substituted.

Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital Territory. Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact. Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor.

Article 193 has been amended wherein the age of High Court Judges has been reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period.

Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day November,2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution. The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007, will continue holding their offices.

Text of Constitution (Second Amendment) Order, 2007

The following president’s order promulgated by the President is hereby published for general information:-President’s Order No 6 of 2007, an order further to amend the constitution Whereas pursuant to the proclamation of emergency of 3rd day of November, 2007, and the Provisional Constitution Order No 1 of 2007, the constitution of the Islamic Republic of Pakistan has been held in abeyance; And whereas the Provisional Constitution Order provides that the President may from time to time amend the constitution, as is deemed expedient; And whereas it is expedient to amend the constitution for the purposes hereinafter appearing;

Now, therefore, the President is pleased to make and promulgate the following order:-

1. Short title and commencement.- (1) This order may be called the Constitution (Second Amendment) Order, 2007. (2) It shall come into force on and with effect from the 14th day of December, 2007.

2. Amendment of the constitution and removal of difficulties.- (1) The constitution of the Islamic Republic of Pakistan is hereby amended to the extent and in the manner specified in column 3 of the schedule annexed to this order. (2) If any difficulty arises in giving effect to any of the provisions of this order, the president may make such provisions and pass such orders as he may deem fit. (3) The validity of any provision made or orders passed under clause (1) and (2), shall not be called in question by or before any court, including the Supreme Court, Federal Shariat Court, a high court, any forum or authority, on any ground whatsoever.

The schedule

(See Article 2(1))

S No Article/Chapter of amendments made (1) (2) (3)

2. 44. In clause (2), for the words “Subject to the constitution” the words “Notwithstanding anything contained in the constitution” shall be substituted.

3. 193. (i) In clause (1), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in case of appointment of a judge of the high court for Islamabad Capital Territory, consultation with the governor shall not be required.(ii) In clause (2), for the words “forty-years’ the words ‘forty years’ shall be substituted.

4. 194. In Article 194, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in the case of the chief justice of the High Court for Islamabad Capital Territory, the oath shall be made before the president or a person nominated by him.”

5. 208. In Article 208, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in case of the High Court for Islamabad Capital Territory the rules may be made with the approval of the president”.

6. 270C Article 270C shall be re-numbered as clause (1) thereof and after clause (1) re-as aforesaid, the following new clause shall be inserted, namely:- “(2) Notwithstanding anything contained in the Constitution or any other law for the time being in force,- (i) a Judge including the Chief Justice, of the Supreme Court, a High Court or Federal Shariat Court who had, not been given or taken oath under the Oath of Office (Judges) Order, 2007, had ceased to hold office on and with effect from the 3rd day of November, 2007; and (ii) a Judge including the Chief Justice, of the Supreme Court, a High Court and Federal Shariat Court appointed and/or continued as such Judge or Chief Justice by virtue of the Oath of Office (Judges) Order, 2007, shall, on revival of the Constitution, take oath as set out in the Third Schedule and shall be deemed to have been appointed, and/or shall continue to hold office, under the Constitution”

Islamabad High Court (Establishment) Order 2007

The President of Pakistan has promulgated the Islamabad High Court (Establishment) Order, 2007 on December 14. This Order pertains to the establishment of Islamabad High Court. High Court will have its principal seat at Islamabad. The Islamabad High Court shall start functioning with effect from the date to be appointed by the President. There shall be a Chief Justice for Islamabad High Court and as many other Judges as the President may determine. The jurisdiction of Islamabad High Court shall extend to Islamabad Capital Territory which will have original and appellate jurisdiction as available to other High Courts. However, Islamabad High Court will have original jurisdiction in suits having value of Rs25 lac or more. After the Islamabad High Court starts functioning, all cases relating to Islamabad Capital Territory pending in the Rawalpindi Bench of Lahore High Court shall stand transferred to Islamabad High Court for disposal.

Text of Islamabad High Court (Establishment) Order, 2007

“The following President’s order promulgated by the president is hereby published for general information:-

PRESIDENT’S ORDER NO 7 OF 2007 an order to provide for the establishment of a High Court for Islamabad Capital Territory

Whereas an amendment in Article 175 of the Constitution of the Islamic Republic of Pakistan was made by the Constitution (Amendment) Order, 2007, (President’s Order No 5 of 2007), providing that there shall be a High Court for Islamabad Capital Territory; And whereas it is expedient to provide for establishment of a High Court for Islamabad Capital Territory and for matters connected therewith or ancillary thereto; Now, therefore, in pursuance of the Proclamation of Emergency of the 3rd day of November, 2007, read with Provisional Constitution Order No l of 2007, and in exercise of all powers enabling him in that behalf, the president is pleased to make and promulgate the following order:-

1. Short title and commencement.- (1) This Order may be called the Islamabad High Court (Establishment) Order, 2007 (2) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,- (a) “appointed date” means the date to be appointed by the president for the purposes of this order; (b) “Chief Justice” means the chief justice of the Islamabad High Court and includes the judge for the time being acting as chief justice of the said court; (c) “Constitution” means the Constitution of the Islamic Republic of Pakistan; (d) “Islamabad High Court” means the High Court for the Islamabad Capital Territory established under Article 3 and the word “High Court” wherever occurring in the constitution shall include Islamabad High Court; and (e) “Judge” means a judge of the High Court and includes the chief justice and a person who is an additional judge of that court.

3. Islamabad High Court.- (1) As soon as may be after the commencement of this [text missing], there shall be established a high court for the Islamabad Capital Territory to be known as Islamabad High Court which shall start functioning with effect from the appointed date. (2) The principal seat of Islamabad High Court shall be at Islamabad. (3) The high court shall comprise of a chief justice and such number of judges as may be fixed by the President from time to time. (4) The president may issue such further orders as he may deem fit in respect of the Islamabad High Court.

4. Appointment of Judges.- As soon as may be after the commencement of this order, the president shall, subject to the constitution, appoint the chief justice and as many other judges of the Islamabad High Court as he thinks fit.

5. Jurisdiction.- The Islamabad High Court shall have, in respect of the Islamabad Capital Territory, original, appellate and other jurisdiction, as under the constitution or the laws in force immediately before the commencement of this order, is exercisable in respect of the said territory by the Lahore High Court: Provided that the Islamabad High Court will have original jurisdiction over the suits the amount or value of subject-matter of which is twenty-five hundred thousand rupees or more.

6. Powers of Chief Justice and other Judges.- Any law in force immediately before the appointed date relating to the powers of the chief justice and of single judges and benches of the Lahore High Court, and with respect to all matters ancillary to the exercise of those powers, shall, with the necessary modifications, apply in relation to the Islamabad High Court.

7. Other courts.- (1) Subject to the provisions of this order and any order of the competent authority, all civil, criminal and revenue courts, and all tribunals established under any law, which were exercising jurisdiction and functions in the Islamabad Capital Territory immediately before the commencement of this order shall continue to exercise their respective jurisdiction and functions and all persons holding office in such courts or tribunals shall continue to hold their respective offices on the same terms and conditions as were applicable to them immediately before the commencement of this order, unless otherwise determined by the competent authority. (2) Notwithstanding anything contained in any other law for the time being in force, all civil, criminal and revenue courts and all tribunals functioning in the Islamabad Capital Territory which were within the jurisdiction and under the superintendence and control of the Lahore High Court before the commencement of this order shall, as from the appointed date, fall within the jurisdiction and under the supervision and control of the Islamabad High Court.

8. Procedure as to appeals to Supreme Court.- Any law in force immediately before the appointed date relating to appeals to the Supreme Court from the Lahore High Court in respect of cases relating to Islamabad Capital Territory shall, with the necessary modifications, apply in relation to the Islamabad High Court.

9. Practice and procedure.- (1) All laws which are in force immediately before the commencement of this order, applicable to the Lahore High Court or any court subordinate to it with respect to practice and procedure shall mutatis mutandis apply to the Islamabad High Court. (2) All rules or orders which are in force immediately before the commencement of this order, with respect to practice and procedure in the Lahore High Court or any court subordinate to it, shall until varied or revoked by rules or orders made by the Islamabad High Court apply with necessary modifications in relation to practice and procedure in the Islamabad High Court or any court subordinate to it as if they were made by the Islamabad High Court.

10. Transfer of proceedings.- All appeals, petitions or other proceedings pending in the Lahore High Court in relation to the Islamabad Capital Territory immediately before the appointed date shall stand transferred to the Islamabad High Court. Explanation.- For the purposes of this article and Article 11 or any other articles of this order where subject so requires, the expression “Lahore High Court” includes Rawalpindi Bench of the Lahore High Court.

11. Enforcement of orders etc of Lahore High Court.- (1) Subject to the provisions of clause (2), any order or decision made by the Lahore High Court before the appointed date in relation to Islamabad Capital Territory shall for all purposes be as effective as if made by the Islamabad High Court. (2) Where any such order or decision as is mentioned in clause (1) has, whether before or after the appointed date, been confirmed, varied or reversed on appeal, review or revision, effect shall be given to the order or decision of the appellate court or that of the Lahore High Court as if the order appealed from was an order of the Islamabad High Court.

12. Right to appear or to act in proceedings transferred to the Islamabad High Court.- Any person who, immediately before the commencement of this order, is an advocate entitled to practice or an attorney entitled to act, in the Lahore High Court and was authorised to appear or to act in any proceedings transferred from the Lahore High Court to the Islamabad High Court under Article 10 shall have the right to appear or to act as the case maybe, in the Islamabad High Court in relation to those proceedings.

13. Power to appoint officers and staff.- The chief justice may appoint the officers and staff of Islamabad High Court as may be prescribed.

14. Expenditure charge upon Federal Consolidated Fund.- The expenditure in relation to the judges of the Islamabad High Court shall be charged upon the Federal Consolidated Fund.

15. Removal of difficulties.- If any difficulty arises in giving effect to any provision of this order, the president may, by order, make such provisions as appear to him to be necessary or expedient for the removal of the difficulty.

16. Power to adapt laws.-For the purpose of facilitating the application of any law in relation to the Islamabad Capital Territory, the federal government may, before the expiration of two years from the appointed date by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this order and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority,

17. Amendment of Code of Criminal Procedure.- In the Code of Criminal Procedure, 1898 ( Act V of 1898), in section 4, in clause (j), after the word “Province” the words “and the Islamabad Capital Territory” shall be added.

18. Amendment of PO No l of 1970.- In the Province of West Pakistan (Dissolution) Order, 1970 (POI of 1970), in Article 14, clause (2) shall be omitted.

19. Amendment of PO No 8 of 1970.- In the High Courts (Establishment) Or