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Members of the ECP from NWFP and Sindh have
still not been appointed despite repeated recommendations to do so.
Important decisions about elections are being made in provinces with no
representation on the ECP. The Election Commission of Pakistan should be
fully constituted, as per the Constitution.
Voters List
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The Voters List is a critical tool for
political parties to identify supporters and get out the vote on
election day. The ECP had previously announced that the Final Voters
List would be available as soon as the election was called but to date
it is still not available in many districts. In compliance with an
order from the Supreme Court of Pakistan, the Voters List should be made
available immediately to all contesting parties and candidates in hard
copy and electronic form and posted on the ECP website.
List of Polling Stations
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There is considerable concern about the
negative impact of so-called "ghost" or improvised polling stations. To
build confidence in the transparency of the elections, the final list of
polling stations should be made available to all contestants and put on
the ECP website at least two weeks prior to the election date.
Code of Conduct
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Most of the recommendations about the draft
Code of Conduct submitted to
the ECP by the political parties were not incorporated into the final
Code of Conduct. As a result, there are numerous issues related to the
final Code including:
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It is unclear what happens to a complaint
once it is filed with the Commission. For example, it was pointed out
by the PPP that a candidate for N-A 265 and Provincial Assembly PB Dera
Bugti, Mr. Sarfaraz Bugti, was detained by security agencies on November
18 without charge. His father filed a complaint to obtain his release
so he could file nomination papers. The complaint was forwarded to the
Chief Secretary Sindh on November 26 after the deadline for filing
nomination papers. The complainant has not received any information
about the status of the complaint and Mr. Bugti remains in jail, having
been prevented from filing his nomination. A rationale for actions and
decisions of the ECP regarding submitted complaints should be given to
the complainant in writing.
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A clear and transparent complaint submission
and adjudication system for Code of Conduct violations should be
communicated to all the stakeholders to ensure there is clarity and
accountability to all stakeholders throughout the complaint process.
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Political parties and candidates are
required to comply with the Code of Conduct but the code does not
include a monitoring mechanism, a complaint process or penalties for
violations. ECP should ensure compliance with its Code of Conduct and
sanction violations.
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Since the regulation of all the election
issues falls under the jurisdiction of the ECP, parties criticized the
interference of the Ministry of Interior into electoral matters and
urged the ECP to clarify the status of the Ministry of Interior
"addition" to the Code of Conduct regarding public rallies.
Misuse of State Resources
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In a case reported at the roundtable, a
complaint was filed by the PPP with the ECP on November 28 that the head
of PML-Q was going to distribute plots to journalists later that day.
The PPP reported that they filed the complaint before the ceremony but
no action was taken by the ECP and the ceremony went ahead. Prompt
action is required to investigate complaints about misuse of state
resources and, where a violation of the code is determined, it must be
rectified. Use of state resources for campaign purposes should be
sanctioned and violators
should be penalized.
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The ECP should ensure that the ban imposed
on transfers and postings of civil servants is upheld and take prompt
and adequate action when violations are proven.
Role of Intelligence Agencies
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The PML-N reported that candidates are being
threatened and harassed. The ECP should investigate cases alleging the
involvement of the intelligence agencies in the kidnapping of a
potential candidate and threats to candidates, and take appropriate
action in a timely manner.
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In addition, the following concerns were
discussed as obstacles to free, fair and transparent elections and
should be brought to the attention of the ECP:
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The state of emergency and PCO are
incompatible with free and fair
elections. The state of emergency should be lifted immediately and the
constitution restored.
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Freedom of the media should be fully
restored to ensure parties and candidates have an opportunity to
communicate with voters, voters have access to information about the
elections and the media have the right to cover all aspects of the
election.
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Government should repeal the new PEMRA
ordinances and allow the return of all TV channels and former TV
programs. Existing laws provide the necessary sanctions to ensure civil
discourse.
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The official state media should provide
equal access to all contestants during the campaign.
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The government should lift the ban on
holding public rallies.
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The government should release all candidates
and party workers from jail or house arrest and all candidates should be
allowed to campaign freely.