Free and Fair Election Network (FAFEN) offers the following recommendations to the Election Commission of Pakistan, based on the observations of a 20-member FAFEN delegation during February 10, 2007, by-elections in Karachi and Jamshoro.In the spirit of mutual cooperation and with the shared goal of ensuring that elections in Pakistan are transparent and legitimately represent the will of the voters, FAFEN urges the ECP to: 

• Take immediate, concrete steps to enhance confidence of political parties and civil society in the ECP’s neutrality and capability, such as by holding regular meetings with leaders of political parties and civil society;
• Sensitize political parties about the importance of the ECP Code of Conduct – and enforce the code consistently;
• Ensure that the new computerized electoral rolls are of the highest possible quality and consult consistently with all stakeholders about its preparation;
• Take urgent and far-reaching measures to educate the public on the procedures for checking the electoral rolls during the display period and adding their names to the electoral rolls if they have not yet registered by using mass media, community-based organizations, mosques and other places of worship; and
• Strengthen its capacity to implement electoral laws and rules, which should include better training of electoral officials to achieve consistency of the implementation of the electoral guidelines.
• Enhance honorarium paid to officials on election duty and ensure timely provision of election materials in adequate quantities.

Introduction

Free and Fair Election Network (FAFEN) is a coalition of more than 30 leading non-governmental organizations in Pakistan. Formed in 2006, FAFEN strives to encourage participation of citizenry in electoral, political and governance processes and structures through awareness, mobilization, research, and advocacy in order to promote democratic polity. It remains committed to monitoring national, provincial, and local elections in order to bring forward an independent perspective on the quality of the electoral processes in the country.

In line with its mandate, FAFEN sent a team of 20 election observers to NA-250 in Karachi and P-71 in Jamshoro to monitor the by-election that took place on February 10, 2007. The two seats had fallen vacant after the deaths of MMA’s Abdus Sattar Afghani who took NA-250 seat in 2002 general election and PPP’s Ghulam Nabi Shoro who returned successful on PS-71 in Jamshoro.

The election-monitoring mission was carried out with the prior information to the Election Commission of Pakistan, which had issued accreditation cards to the members of the monitoring team.

Political Profile of By-Election Constituencies

The by-election was held on two seats – one for the National Assembly (NA-250, Karachi X-II) and the other for the Sindh Assembly (PS-71, Dadu-1). The electoral rolls prepared for the general election 2002, which have been updated, were used for the by-elections.

NA-250

The two main contestants in Karachi for NA-250 were Syed Akhlaque Hussain Abidi (MQM) and Nafees Siddiqui (PPP). Other candidates included Syed Rasheed Ahmed, Abdul Qadir Shaikh, Amber Raza and nine independent candidates. The seat had fallen vacant after the death of the former city mayor MMA’s Abdus Sattar Afghani. In 2002, Afghani won the NA-250 seat by securing 21,462 votes. Nasreen Jalil (MQM) was the close second receiving19, 414 votes. Mirza Ikhtiar Baig (PPP) got 12,105 votes. However, the by-election turned out to be a two-ways contest between the candidates of PPP and the MQM after PML-N withdrew its candidate in favor of Nafees Siddique and PML-Q in favor of MQM. MMA boycotted the contest days before the election alleging rigging.

PS-71

The PS-71 Dadu seat fell vacant after the death of PPP’s Ghulam Nabi Shoro. In 2002, the late MPA polled 24,865 votes and Syed Jalal Mehmood Shah 22,941 votes. The two main contestants this year were Pir Mujeeb Shah Jeelani (PML-Q) and Dr. Sikander Shoro (PPP). Earlier, MQM withdrew its candidate in favor of PML-Q’s candidate. The PS-71 seat had been a traditional stronghold of the PPP. The party has won all elections since 1988

Monitoring Methodology

This report is based on the observation and monitoring of polling at 80 polling stations in the two constituencies. In order to monitor polling stations across the diversity of NA-250, the constituency was divided into three sectors. Each team consisted of three to four persons and covered 10 to 14 polling stations. Similarly, in Jamshoro PS-71 both rural and urban polling stations were observed. Along with this, in most cases voters, polling staff and polling agents were interviews through questionnaires.

The election observers held meeting with the contesting candidates in the two constituencies in order to understand their points of view about the election process. Media reports were analyzed to identify the issues and problems through the election process. The Karachi team also held a detailed meeting with Raja Arif candidate of the MMA on 9 February.

A 12-member team undertook the election observation in NA-250 Karachi XII and an eight-member team was deputed in PS-71 Dadu-I in Jamshoro. The two teams included female members in order to ensure access to female voters, polling agents and polling staff.

The team members were provided training and sensitized about the code of conduct for observers. The teams limited their monitoring to polling, observation of the constituencies and scanning of media in the light of election laws, rules and procedures. This report is based on the analysis of questions asked and a workshop of monitors where they shared their findings.

Findings

The findings of the team have been categorized into the following areas:

Weak Enforcement of Electoral Laws

Reports from all election monitors indicate that the implementation of election rules and regulations remained weak in the pre-election period as well as on the Election Day. Violations of the Code of Conduct for the Contesting Candidates were widespread.

In some instances, the Election Commission took notice of the complaints made by contesting candidates, but could not ensure implementation of its orders.

Postings and Transfers of Government Officials

Candidate belonging to the PPP in PS-71 contest complained about the inability of the Election Commission to enforce the electoral laws and regulations. Members of his campaign team particularly raised the issue of postings and transfers of civil servants in the constituency. They were concerned over the replacement of the District Coordination Officer, Jamshoro within a week after the announcement of the schedule of the by-election.

On a complaint filed by the PPP candidate, the Election Commission instructed the Chief Secretary of Sindh to cancel the transfer orders and abstain from transferring any officer until the process of by-elections in the two constituencies was completed. However, the Sindh government took the plea that the DCO had gone on leave and had not been transferred. As a result, the EDO (Revenue) was looking after the functions of the DCO in the district, who, as alleged by the PPP candidates, was partisan and deployed election staff who were biased towards the government-backed candidates.

In some polling stations in Jamshoro, it was observed that the presiding officers did not fulfil the legal requirement of being Grade-17 or above to be able to exercise the magisterial powers that are vested in them for election purposes. Some interviews also suggested that lady health workers were employed to perform the election duties.

Use of Government Resources

The federal, provincial and local governments supported the candidates of the Pakistan Muslim League in PS-71 and Mutahida Qaumi Movement in NA-250. While government vehicles were extensively used in election campaign of these candidates, election adverts of PML and MQM candidates were allowed to be hoisted on the government buildings. In some instances, the graffiti of government-backed candidates was visible on buildings that were later to be used as polling stations.

Many election monitors witnessed the government cars being used by federal and provincial ministers and Taulka/Town Nazims at various polling stations in both Jamshoro and Karachi. The registration numbers of some of these official cars on the Election Day include: GL-7281, GL-0434, GL-9090, GL-7180, GL-7281, GL-7180, AFR-2006, etc. Some of the official vehicles were also seen plastered with stickers of the government-backed candidate.

A night before the election the acting DCO and DPO of Jamshoro were seen discussing polling day plan with the campaign team of the PML candidate at his election office.

Many presiding officers reported that they were being coerced by senior government and elected officials to support MQM candidate. Similar claims were made by election officials in Jamshoro.   This was a violation of the Article 92 of The Representation of The People Act, 1976.

Campaigning by Members of Executive

There is clear/sufficient evidence that senior members (?) of the executive branch participated in the election campaign of the government-backed candidates. While Sindh Chief Minister was actively campaigning and canvassing for the government-backed candidates in Jamshoro, visit and inauguration of “Six Mega Projects” of the MQM-controlled City District Government by President Pervez Musharraf a day before the by-election was seen as an effort by the centre to influence the voters in favor of the MQM candidate.

Election Expenses

All contestants appear to have completely disregarded legal limits on expenses for election campaigns. The MQM candidate in NA-250 advertised in newspapers with the cost of space exceeding the expense limits. All contestants breached the legal specifications for [expenditures on? size of?] billboards, banners, and posters. The MQM published adverts in Urdu and English language daily soliciting votes for its candidate on February 9 and 10 well past the deadline for campaigning ended.  FAFEN monitors are not aware of any actions taken by ECP officials in response to these breaches of law and regulation.

Large-sized billboards of both PPP and MQM candidates in Karachi on prime, expensive locations were visible throughout the constituency. This was a clear violation of article 48 and 49 of The Representation of the People Act, 1976.

Insufficient Training of and Weak Electoral Officials

Electoral officials did not seem to have sufficient skills or knowledge to enable them to tackle problems or complaints arising from the voting process. Many of them did not know their powers as presiding officers and therefore, allowed unauthorized people within the precincts of the polling station. Officials at many polling stations in Karachi and Jamshoro said they would not attempt to stop supporters of contesting candidates for fear of their life. At one polling station in Jamshoro, the presiding officer checked the credentials of the election monitors only after a reminder by the PPP chief polling agent present there.

In many polling stations, it was observed that polling staff was not checking National Identity Cards properly. They were even accepting voters using colored photocopies of the NICs. In some polling stations in Karachi, thumbs of voters were not marked with indelible ink, rather with ordinary ink.

Supporters of the contesting candidates were seen canvassing for votes on the Election Day inside polling stations and outside the polling stations in complete violation of the rules. However, the election officials did not use their powers to stop this violation in any of the polling stations observed.

In some cases, party agents and independent observers were being relied on to resolve confusing situations and voters protests and complaints.

Capacity and Attitude of Party Polling Agents

Polling agents deployed by various political parties at most polling stations were not from the same constituency and thus were not able to recognize the voters. They did not have adequate training and understanding of the rules that govern polling. Many of the polling agents said that their parties did not impart any training, and therefore, they did not know exactly what their functions were. Many of them did not even know the basics of polling procedures e.g. tendered ballots, challenge ballots etc. PPP had circulated a one page of instructions among its polling agents in Jamshoro, which did not fully cover the details of intricate polling procedures.

It was observed that in most cases the polling agents were very relaxed and not bothered to ensure the authenticity of voters.

Security Arrangements

Security arrangements on the Election Day were weak. Isolated incidents of firing between the supporters of the rival candidates were reported from both constituencies. Supporters of PPP and PML in Jamshoro leveled allegations and counter allegations of being fired upon. Similarly, PPP and MQM supporters clashed at various polling stations in Karachi. However, no arrests were made till the finalization of this report.

Similarly, the police manning the entry to the polling stations were lax and allowed all and sundry to enter. Police interviewed said that they were instructed to allow entry to anybody wearing a PML badge. As a result, unauthorized people were seen inside the polling stations, causing undue interference in the polling process.

Government ministers and advisors as well as key leaders of the PPP were also witnessed entering polling stations without due permission from the Election Commission. Many police on duty said they could not stop government and political personalities from entering.

Lack of Civic Education

Voter education remained another significant weakness in the polling process. Many of the voters did not know their basic rights e.g. secrecy of ballot, tender ballot, etc. Traditional social structures are likely to be relevant to voting patterns in Jamshoro, among other places around the country.

Voter Turnout

A very low turnout was recorded in both constituencies, showing disinterest of voters in the election. The preliminary results of NA-250 showed a turnout as low as less than 15%. However, the turnout more than doubled at the end of the counting at all polling stations. All polling agents belonging to the PPP had boycotted the counting, alleging rigging. The increase in the turnout was in contrast to the level of voting observed by monitors as many of the polling stations visited in both constituencies had polled less than 150 voted until 3:00 pm. At few polling stations where counting was observed, the margin of victory for PML candidate was very high in female polling stations in contrast to that in the male polling stations of the same locality.

Conduct of the Political Parties

Political parties showed a high degree of interest in the by-elections. The two major contesting parties deputed key leaders and legislators in support of their respective candidates on the election duties and campaign, which was peculiar feature of these elections. Meanwhile, the MMA boycotted the election two days before the polling.

Polling Station Locations

Many polling stations in Jamshoro covered an area of more than five square kilometers, creating commuting issues for voters. While in Karachi, more than one polling station was opened in one building, causing chaos.

Other Logistical Issues

Transportation was one major problem that affected the conduct of the elections. Due to lack of transportation, electoral officers in some instances did not arrive at the polling centers in time. For the same reason, in other instances, voting materials did not get to polling centers in time. As a result, there were delays in the commencement of voting. This problem also compelled electoral officers to walk distances to pick up materials and return to their polling centers.

Electoral Rolls

In almost all observed polling stations, serious flaws were found in the electoral rolls e.g. names of same household were split between two polling stations, details of voters were wrong, etc.  This problem highlights the importance of the ECP’s preparing much more accurate and complete electoral rolls in advance of the next general elections.

Conclusions

The by-elections were held at a time when country is bracing up for the next general election. However, the allegations of rigging leveled by the opposition parties may further diminish the confidence of people and political parties in the electoral process. This may result in further decline in the voter turnout.

While these elections in Sindh were the test of the political parties, it also provided Election Commission an opportunity to study its own weaknesses and take measures for rectification. The by-election has raised serious questions about the ability and capacity of the ECP to use its constitutional powers.

The findings of the FAFEN election observation delegation lead to the conclusion that the electoral conditions were conducive to rigging and manipulation of vote. Anecdotal evidence and interviews with voters also suggest a lack of confidence of the electorate in the sanctity of the polling process.

The voter turnout was low in both constituencies, once again showing the inability of political contestants to bring out people to vote. This may essentially relate to the lack of organization of political parties at the grassroots level, which needs to be addressed.

Recommendations

In view of the findings, FAFEN make the following recommendations to the Election Commission of Pakistan (ECP):

• Take immediate, concrete steps to enhance confidence of political parties and civil society in the ECP’s neutrality and capability, such as by holding regular meetings with leaders of political parties and civil society;
• Sensitize political parties about the importance of the ECP Code of Conduct – and enforce the code consistently;
• Ensure that the new computerized electoral rolls are of the highest possible quality and consult consistently with all stakeholders about its preparation;
• Take urgent and far-reaching measures to educate the public on the procedures for checking the electoral rolls during the display period and adding their names to the electoral rolls if they have not yet registered by using mass media, community-based organizations, mosques and other places of worship;
• Strengthen its capacity to implement electoral laws and rules, which should include better training of electoral officials to achieve consistency of the implementation of the electoral guidelines;
• Enhance honorarium paid to officials on election duty and ensure timely provision of election materials in adequate quantities.
• Prohibit transfers/postings and long leaves during the election period;
• Take strict action against election officials not complying with ECP orders;
• Provide protection to electoral officials to assist them in reaching and sustaining their decisions;
• Improve monitoring and supervision of electoral officials;
• Encourage political parties to provide adequate training to polling agents;
• Provide adequate transport for the timely movement of ECP personnel and materials before the polls open; and
• Bar use of photocopies of NICs for voting.