Post-polls, HRCP emphasizes commitment to ‘civil supremacy’

Press statement

Post-polls, HRCP emphasizes commitment to ‘civil supremacy’

Lahore, 31 July 2018. Following its preliminary statement issued on 25 July, the Human Rights Commission of Pakistan (HRCP) has expressed satisfaction that the 2018 general elections were held on time and remained, by and large, peaceful. However, HRCP regrets that many lives were lost in violence preceding the elections and condoles deeply with the families of the victims.

In a statement issued today, HRCP has said that, ‘while the conduct of the polls was, overall, orderly and peaceful, the Commission notes with concern the complaints made by several political parties as well as HRCP’s own observers regarding the management of post-poll formalities. Numerous reports that vote counting was poorly handled – with polling agents prevented from observing the final count in many cases – and the unprecedented delay in results have cast a shadow over the electoral process. These questions must be diligently addressed to avoid any doubts concerning the credibility of the elections.

‘HRCP’s field reports indicate that observers’ access to polling stations remained problematic, for instance in NA 164 (Vehari), NA 125 (Lahore), NA 13 (Mansehra), NA 270 (Panjgur), NA 260 (Nasirabad) and NA 25 (Nowshera). Moreover, many observers were prevented from remaining at any polling station long enough to document and verify their observations satisfactorily. HRCP urges the ECP to appreciate the fact that election observation is a time-consuming exercise on which the credibility of the election hinges.

‘HRCP is extremely concerned at continuing reports that polling agents, the media and observers were not allowed to remain present during the vote counting in many cases. Observers in numerous constituencies – including NA 100 (Chiniot), NA 76 (Sialkot), NA 13 (Mansehra), NA 16 (Abbottabad), NA 49 (South Waziristan Agency), NA 129, NA 130 and NA 131 (Lahore) – were prevented from observing the vote count. Indeed, HRCP’s observer team in Turbat reports that polling agents were locked into a separate room while the results were being counted. At one polling station in NA 125 (Lahore), the presiding officer ordered an observer out of the polling station, reportedly without just cause, threatening to have him arrested unless he complied. HRCP hopes the ECP will investigate all such incidents and make its findings public.

‘The contention that has arisen over reports that polling agents and/or observers were not given a copy of Form 45 – to which they are entitled under the law – needs to be addressed swiftly and convincingly by the ECP. It is difficult to believe that this should have occurred in so many instances solely due to poor management. HRCP’s observers have confirmed similar reports in numerous constituencies, including, among others, Sialkot, Mansehra, Abbottabad, Charsadda, South Waziristan Agency, Kurram Agency, Chiniot, Lasbela, Gwadar, Mastung, Loralai, Panjgur and Quetta.

‘While there were few signs of obvious interference with polling overall, many observers report that polling staff relied visibly on security personnel to clarify balloting procedures. The ECP must address this apparent lack of training well before the next elections. In at least three cases, however, the presence of security personnel has borne out HRCP’s original concerns. In NA 24 (Charsadda), security personnel were observed separating ballots into invalid and valid votes. In NA 21 (Mardan), they intervened when observers attempted to ask the presiding officer about the ongoing polling. Observers at one polling station in Islamabad report that security personnel demanded that women voters show them their stamped ballots. The principle of vote confidentiality cannot be compromised in this way and HRCP maintains that the presence of security personnel inside polling booths is the thin end of the wedge.

‘A political mandate is not an end in itself and political rhetoric alone will not suffice. HRCP strongly urges the new government to take serious note of the challenges that continue to beleaguer Pakistan’s democratic development. The Commission’s overarching concerns – including enforced disappearances, constraints to freedom of expression and association, tainted processes of accountability, lack of respect for the separation of powers, the erosion of independence among institutions, and the shrinking space open to civil society – must be addressed on a priority basis.

‘A positive aspect of this election has been the greater turnout among women voters in rural Sindh and KP as well as the election of several members of religious minorities. This does not cancel out, however, the fact that the Ahmadiyya community felt compelled to refrain from voting altogether under the current discriminatory electoral laws. The government must also uphold its commitment to the right to assembly by allowing people in KP and elsewhere to agitate peacefully to express their concerns.

‘HRCP reiterates the importance of transparency in determining Pakistan’s security imperatives, both domestic and external, and charting out policies – including measures to decrease tensions with India and Afghanistan – in a more inclusive manner. Above all, none of these goals can be achieved without securing the sovereignty of Parliament and civil supremacy over all major policy decisions. This means ensuring that all state services operate within their legal domain and are held accountable for their actions. If Parliament is expected to deliver, then it must be allowed to function with un-engineered public support so that it can play its part freely, with confidence, and without fear or pressure from any source. HRCP expects even more from the new opposition, which must remain vigilant and responsive to public concerns to safeguard the country’s democracy.’

Dr Mehdi Hasan

Chairperson

Category: English