Parliamentary Research Digest S E P T E M B E R , 2 0 1 7 V O L U M E 4 , I S S U E 0 9

I N SI DE THI S

I SSU E:

Editorial

We hope you have liked the new outlook of the PIPS Parliamentary Digest that now has an enhanced circulation of 2000 Readers including all Hon. Members of National Parliament, provincial assemblies and legislative assemblies. The digest now focuses on different themes for each month and invites ex-perts on various fields in addition to PIPS researchers for analysis on significant topics. This September, 2017 issue of PIPS Parliamentary Research Digest focuses on the Elections Bill 2017, which is in process of becoming a consolidated Act during democratic dispensation as against numerous laws previously introduced during dictatorial rules. The Parliamentary Committee drafting the bill, con-ducted gigantic task of deliberating through 1200 suggestions covering 4000 papers sent by MPs, experts, national and international CSOs and civil society. Hope the consultative process will continue as per par-liamentary tradition to come up with reformed elections system. The digest also includes absorbing arti-cles on key aspects of national foreign affairs such as the Nuclear Supplies Group and Pakistan, the right-ful struggle of Kashmiris against atrocities by Indian troops in occupied Kashmir as well as text of Reso-lutions depicting principled stance of Senate and the National Assembly emphasizing United Nations to take affirmative action viz a viz plight of Rohingiya Muslims in Myanmar. For any specific areas of importance that you want PIPS to send you research or briefing papers, contact us at research@pips.gov.pk. Happy Reading!

Muhammad Rashid Mafzool Zaka Director (Research and I.T)

OPINION

Election Bill 2017:

An Appraisal and

Way Forward

Page 01

ANALYSIS

Missing Women

Voters in Pakistan

An Urban problem

Page 10

OPINION

Nuclear Suppliers

Group: Policy of

Pakistan

Page 16

ANALYSIS

Burhan Wani: New

Age of Kashmir

Struggle

Page 20

Editorial Board

Editor:

Muhammad Rashid

Mafzool Zaka

Sub Editor:

Ms. Tehseen Khalid

Members:

Ms.Fakiha Mehmood

Mr.Rizwan Manzoor

ISSN # 2414-8040

HONORABLE SPEAKER NATIONAL ASSEMBLY OF PAKISTAN, SARDAR AYAZ SADIQ, SPEAKER PROVINCIAL ASSEMBLY OF BALOCHISTAN, MS. RAHEELA HAMEED DUR-RANI AND EXECUTIVE DIRECTOR PIPS, MR. ZAFARULLAH KHAN IN GROUP PHOTO WITH CHAIRPERSONS OF STANDING COMMITTEES OF PROVINCIAL ASSEMBLY OF BALOCHISTAN AT PARLIAMENT HOUSE ISLAMABAD.

HONORABLE CHAIRMAN SENATE, MIAN RAZA RABBANI, SPEAKER PROVINCIAL ASSEMBLY OF BALOCHISTAN, MS. RAHEELA HAMEED DURRANI AND EXECUTIVE DIRECTOR PIPS, MR. ZAFARULLAH KHAN IN GROUP PHOTO WITH CHAIRPERSONS OF STANDING COMMITTEES OF PROVINCIAL ASSEMBLY OF BALOCHISTAN AT PARLIAMENT HOUSE ISLAMABAD ON SEPTEMBER 25, 2017.

HONORABLE MR. MUSHAHID ULLAH KHAN FEDERAL MINISTER FOR CLIMATE CHANGE, HONORABLE MEMBER PIPS BOG SYED NAVEED QAMAR, MEMBER INTERNATIONAL PARLIAMENTARY GROUP OF AIR QUALITY ASIA, MS. MARRIYUM AURANGZEB, MINISTER OF STATE FOR INFORMATION, BROADCASTING AND NATIONAL HERITAGE AND MALIK MUHAMMAD UZAIR KHAN, CHAIRMAN STANDING COMMITTEE ON CLIMATE CHANGE IN ROUND TABLE CONSULTATION ON ‘ROLE OF PARLIAMENT IN MEETING THE CLEAN AIR CHALLENGE,’ SEPT., 18, 2017 ORGANIZED BY NATIONAL ASSEMBLY, AIR QUALITY ASIA AND PAKISTAN INSTITUTE FOR PARLIAMENTARY SERVICES. THE EVENT WAS ATTENDED BY OVER 45 MEMBERS OF PARLIAMENT.

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ANALYSIS ELECTION BILL 2017: AN APPRAISAL AND WAY FORWARD

Hassan Nasir Mirbahar1

Country Representative Democracy Reporting International INTRODUCTION: The National Assembly of Pakistan passed the long-awaited Elections Bill 2017 on 17 August 2017.2 The bill represents the first major electoral reforms effort in Pakistan since the first direct election in 1970. Significant changes include measures that increase the independence of Election Commission of Pakistan (ECP), improve transparency and accountability of the electoral processes, define the ECP’s powers regarding local government elections, simplify the voter registration process, and to facilitate greater participation of women, persons with disabilities and religious minorities. The Election Bill consolidates and unifies Pakistan’s electoral legal framework, which has until now been scattered across several separate laws dealing with different aspects of the electoral process. The bill is the outcome of extensive and exemplary work by the Parliamentary Committee on Electoral Reforms (PCER), a 33-member multi-party and cross-chamber committee which has worked towards reforming Pakistan’s election laws since 2014. The PCER issued a first draft of the bill for public debate and comment on 20 December 2016. The draft contained several provisions noteworthy for their progressive content and scope, but they were ultimately removed before the bill was presented in the National Assembly. These included provisions to enable the ECP to use voter list data for conducting boundary delimitation in the event official census data is outdated by more than ten years. Additionally, it is required for ECP to publish the nomination papers of all nominated candidates; limit political party expenditure on electoral campaigns; and empower the ECP to penalise political parties in the event they fail to submit their annual financial statements. After further debate and amendment in the Senate Standing Committee on Law and Justice, the bill is now due to be tabled in the upper House for approval. There is reason to believe that its approval in the upper House will be swift, following which the amendment bill will be sent back to the National Assembly for final debate and approval. The passage of the bill is time-critical and expediting its final approval and enactment into law is of utmost importance to allow the ECP enough time for its implementation ahead of next year’s election slated for 2018 (more on this later). This paper presents an overview of the key reforms introduced through the Elections Bill 2017, highlighting their importance and need. It also shares insights on some of the possible reforms that are missing from the bill, particularly those included during the initial stages of the drafting process and which were later removed. Lastly, it presents a way forward for the implementation of the reforms and continuation of electoral reform discussions among policymakers. ELECTORAL REFORMS: A BRIEF HISTORICAL ACCOUNT AND BACKGROUND: Political parties and civil society have long demanded electoral reforms, calls for which can be traced back as far as the first direct elections of 1970. The 18th amendment introduced some key electoral reforms including increased autonomy of the ECP and requiring appointment of the ECP through a parliamentary process.3 In March 2009, long before the 2013 elections, the ECP had prepared a package of electoral

1 The writer is the Pakistan Country Representative of Democracy Reporting International (DRI), a Berlin-based

think-tank, working in Pakistan on electoral reforms, parliamentary strengthening and human rights promotion. Views expressed in this paper are that of the author, they may not necessarily reflect the positions of DRI. 2 The bill as approved by the National Assembly is available here:

http://www.na.gov.pk/uploads/documents/1503574220_539.pdf, accessed on 16 September 2017. 3 For a detailed account of electoral reforms introduced through 18

th amendment, please see Democracy

Reporting International’s paper: http://democracy-reporting.org/newdri/wp-

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reforms for consideration by parliament. The National Assembly’s Standing Committee on Law, Justice and Human Rights formed a seven-member sub-committee to suggest electoral reforms and review the package.4 Similarly, the Senate of Pakistan constituted a Special Committee on Electoral Issues which held a public hearing – the first of its kind in Pakistan’s parliamentary history – where elections experts and civil society organisations presented recommendations for electoral reforms. Based on the public hearing and its internal deliberations, the Committee prepared its report with recommendations for electoral reforms. 5 The Senate adopted the report of the Special Committee making its recommendations for electoral reforms binding on the government.6 However, by the time the committee’s report was adopted, the National Assembly was due to be dissolved and insufficient time was left for legislative measures to be taken pursuant of the committee’s recommendations. Hence, Pakistan went to the polls in 2013 without reforms to the legal framework reforms. Using its constitutionally-granted administrative powers, the ECP introduced some improvements to electoral processes prior to the polls, such as the computerisation with electoral rolls with support of NADRA, introduction of computerised results management system, inclusion of photographs on the voter list, the requirement for the collection of thumb impressions on the electoral rolls through magnetic ink, arrangement for the collection for sex-disaggregated turnout data, and increased trainings of election staff. On the instructions of the Supreme Court, the ECP also altered the boundaries of some electoral constituencies in Karachi. The 2013 general election represented a milestone in Pakistan’s history, as for the first time a civilian government completed its full constitutional term and the election resulted in the peaceful transfer of power from one civilian government to another. Nevertheless, political parties and observers raised concerns over the conduct of the election, including but not limited to the practices of returning officers such as arbitrary questioning when ascertaining the eligibility of candidates. On election day, moreover, women were barred from voting in several areas and as results started pouring in after the polls closed, many concerns were raised regarding the credibility of counting and tabulation and the opaqueness of results processes.7 Registering a historically highest voters’ turnout of 53.62%,8 observers, including international observation groups, commended the resolve of the Pakistani people to come to the polls despite significant security risks. Observers also provided several recommendations for the legal framework for elections to improve the foundations for holding future polls. The EU’s Election Observation Mission (EU EOM) recommended formation of a special parliamentary committee to undertake electoral reforms in line with Pakistan’s international law commitments and through a consultative process. Political parties expressed concern over the quality and conduct of the 2013 elections, underscoring the risk of political instability resulting from contested electoral processes. Pakistan Tehreek-i-Insaaf (PTI) was one of the most vocal challengers of the polls and called for protests and sit-ins to be held. The party’s supporters heeded its calls to protest and PTI’s sit-in in Islamabad lasted for more than one

content/uploads/2016/02/dri_briefing_paper_5_-_comments_to_the_18th_amendment.pdf, accessed on 17 September 2017. 4 See Dawn report on the committee’s proposals: https://www.dawn.com/news/722218, accessed on 17

September 2017. 5 See brief from the Senate: http://www.senate.gov.pk/en/Legis%20Br/committee/P-017.pdf, accessed on 17

September 2017. 6 The Committee’s report does not seem available online on the Senate’s website. The author has copy and

can share with any willing to read the report. 7 See report from European Union’s Election Observation Mission here:

https://eeas.europa.eu/headquarters/headquarters-homepage/24059/european-union-election-observation-mission-pakistan-2013_en, FAFEN’s report on 2013 general election is available here: http://fafen.org/general-election-2013-fafen-observation-key-findings-and-recommendations/, both pages accessed on 17 September 2017. 8 See reports on 2013 general election by the ECP:

https://ecp.gov.pk/Documents/General%20Elections%202013%20report/Election%20Report%202013%20Volume-I.pdf, page 18, accessed on 17 September 2017.

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hundred days, ended after government's assurance to form judicial commission to enquire into PTI’s claims of systemic rigging of 2013 general elections. While the judicial commission did not uncover any evidence of systemic rigging, it did highlight several irregularities in the electoral process, many of which had previously been highlighted by observers and political parties.9 The commission also highlighted the need for electoral reforms. PARLIAMENTARY COMMITTEE ON ELECTORAL REFORMS – AN EXEMPLARY AND LABOUROUS EFFORT: As PTI announced its plans to stage a sit-in in Islamabad, the then Prime Minister Mian Muhammad Nawaz Sharif wrote to the Speaker of the National Assembly to initiate the formation of a parliamentary committee on electoral reforms.10 Subsequently, the National Assembly and Senate passed motions11 to establish the PCER. The Speaker of the National Assembly in consultation with the Chairman Senate and parliamentary leaders formed the Committee comprising 33 members from both houses and representing almost all parliamentary political parties. The Committee started its work by adopting rules for conduct of its business12 and later set-up a sub-committee to review legislation and propose recommendations for reforms to the main committee. The PCER and its sub-committee began their work reviewing the work of the Senate Special Committee on Electoral Issues and inviting proposals for electoral reforms from the public at large. In response, it received 1200 recommendations from a cross-section of stakeholders. In April 2015, the Committee finalised its drafting of a constitutional amendment containing positive changes to the electoral framework, which was laid before the Parliament in May 2015.13 The amendment reformed the appointment procedure of the Chief Election Commissioner and members of the ECP, widening the eligibility criteria to allow candidates from the civil service and technocratic backgrounds to be considered in addition to individuals with a judicial background. The amendment also introduced staggered retirement of ECP members and increased the ECP’s powers with regards to the conduct of local government elections. Following intensive work by the PCER and its subcommittees, the Election Bill 2017 was first made public in December 2016 when the Committee presented its second interim report and sought inputs from political parties and other stakeholders for improvements of the draft.14 The Committee in turn received some 1200 proposals covering more than 4000 pages received from Members of Parliament, National and International CSOs, lawyers and the general public which it considered in crafting the draft bill. Another 631 comments were received viz-a-viz draft elections bill 2017 from various organizations,

9 See final report of the inquiry commission: https://www.slideshare.net/Shahrozmushtaq/final-report-of-the-

general-elections-2013-inquiry-commission-50859143, accessed on 17 September 2017. 10

See Dawn report: https://www.dawn.com/news/1111947f, accessed on 17 September 2017. 11

The National Assembly passed motion on 19 June 2017: http://www.na.gov.pk/uploads/documents/1406279269_419.pdf (access on 16 September 2017), whereas Senate passed a similar motion on 24 June 2014. 12

See the committee’s rules here: http://www.finance.gov.pk/press/Rules_of_Procedure_for_Electroal_reform.pdf 13

See DRI’s paper on the amendment: http://democracy-reporting.org/the-22nd-amendment-to-the-constitution-of-pakistan-the-beginning-of-much-needed-electoral-reforms-in-pakistan/, accessed on 17 September 2017 14

See the 20th

December draft of the bill here: http://www.na.gov.pk/uploads/1482902775_600.pdf, accessed on 17 September 2017.

Overall, the Parliamentary Committee on Electoral Reform (PCER) represents an exemplar of diligent and consultative committee work in the legislative process for crafting Election Bill 2017 which involves 93 meetings by the sub-committee and 26 meetings the main Committee"

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political parties and others. Finally, in August 2017, the bill was introduced and passed by Pakistan’s National Assembly following debates in the house. Overall, the Parliamentary Committee on Electoral Reform (PCER) represents an exemplar of diligent and consultative committee work in the legislative process for crafting Election Bill 2017 which involves 93 meetings by the sub-committee and 26 meetings the main committee.15 Internally, the Committee allotted sufficient time for consultations with members and political parties in and outside Parliament. Moreover, the Committee’s work remained largely consensus-based and parties could voice their opposition to provisions. Notwithstanding the exemplary work of the PCER, there are certain respects in which its processes could have been improved, including:

Public hearing & transparency: In a similar fashion to the Senate Special Committee on Electoral issues, the PCER could have considered organising public and expert hearings. Elections are a technical subject and hearing proposals from technical experts can inform discussions within an electoral reforms committee. Indeed, it can often be more efficient to discuss points orally with experts than to work from lengthy written submissions. In addition, inviting and listening to the public also increases ownership of the reforms process while also contributing to public confidence in their elected houses. Overall, such initiatives could have further enriched the reform process and strengthened democratic processes in the country. The meetings of the PCER and its subcommittees were not open to the public or media. The Committee deemed in-camera meetings more conducive to candid discussion, but ensured that the media was briefed after almost every meeting. The PCER received criticism from some quarters for this approach and calls abound for consultations and greater transparency, a point to be considered in future discussions as the desire for open discussion is legitimate.

Timing of the elections bill: As mentioned above, electoral reforms are a time-critical exercise and their implementation is intensive, given that elections are the largest mobilisation of people in any country and involve significant logistical and professional arrangements. In the case of Pakistan, 97 million voters are currently registered and based on the Elections Bill 2017, the ECP will have to establish around 90,000 polling stations for the upcoming 2018 elections. 16 In this connection, the ECP plans to train and deploy over 700,000 polling staff.17. In addition, political parties deploy polling agents to polling stations and Pakistani NGOs deploy thousands of non-partisan observers. All these stakeholders need to be aware of the new legal framework to effectively carry out their respective functions. International good practices suggest that electoral reforms should be enacted at least one year ahead of holding an election. At the time of writing, the elections are a mere 11 months away and the time for enacting electoral reforms is running out, while the bill is still under deliberation in the Senate. If the Senate approves the bill with amendments, it will be passed back to the National Assembly for further review. In light of the current situation, the PCER could have paid greater heed to the time required for approval of the bill. Political parties represented in parliament should also be mindful of the time factor associated with the implementation of the electoral reforms, however complicated the task of legislating such reforms is. There are a number of examples where committees tasked with significant reform efforts have successfully expedited the process through effective cooperation and coordination between those involved. For instance, the committee deliberating the Constitution of 1973 completed its work in 48 sittings in about eight-to-nine months18 while managing to secure political consensus.

15

Up until the time of presentation of the bill in the National Assembly in August 2017, see the Committee’s report for more on this: http://www.na.gov.pk/uploads/documents/1502166432_345.pdf 16

The bill sets number of voters per polling station at 1200 (section 59 of the bill approved from the National Assembly). Based on this polling stations will have to be increased. 17

See Dawn news: https://www.dawn.com/news/1322896, accessed on 17 September 2017 18

The constitution drafting committee held its first meeting on 22 April 1972 while the draft constitution was presented the constituent/national assembly on 31 December 1972. The constitution bill was formally introduced on 2 February 1973. See “Special Publication to Mark the Constitution Day” by Zafarullah Khan, http://www.senate.gov.pk/uploads/documents/3.%20Special%20Publication%20to%20mark%20Constitution%20Day.pdf, accessed on 11 September 2017.

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Likewise, the 18th amendment, which changed approximately one third of the articles of the constitution, was the outcome of 77 meeting completed within ten months.19 Therefore, irrespective of the enormity of the legislative tasks, with cooperation and coordination of all political parties, a parliamentary committee can expedite its work. Going forward, parliamentary committees and political parties should be more mindful of the time required for reforms – both at the committee stage and beyond.

Referral to the Senate Committee on Law and Justice: Following its approval by the National Assembly, the Elections Bill 2017 was passed to the Senate for review and it was anticipated that the Senate would approve the bill swiftly, given that selected senators are represented in the PCER. However, contrary to expectations, the Senate referred the bill to its Standing Committee on Law & Justice. While the Senate has every power and mandate to scrutinise a bill as it deems fit, the move seemed against the spirit and purpose of the cross-chamber committee. Typically, cross chamber committees are established to reduce the time required for committee review by both houses of bi-cameral legislatures. For instance, the committee formed to draft the 18th amendment was cross-chamber and its constitutional amendment bill passed swiftly through Parliament, without need for scrutiny by each house respectively. Likewise, the 22nd constitutional amendment drafted by the PCER was quickly approved by both chambers, in large part because it was the product of consensus-based discussions in the Committee. Some parliamentarians have often lamented delays in the law-making process due to separate scrutiny by committees of both houses. It was in this vein that former Chairman of the Senate, Honourable Nayyer Bukhari, suggested that all standing committees of the Senate and National Assembly be converted into joint committees with membership of both houses – as is the case, for example, in Australia and other countries. The introduction of joint committees, however, requires careful evaluation against the balance of representation that bicameral houses provide.20

KEY REFORMS INTRODUCED IN THE ELECTION BILL 2017: The Election Bills 2017 introduces several reforms long demanded by political parties and civil society and suggested by the international observers. A brief overview of some of the key reforms contained in the bill is presented below:

i. Independence of Election Commission: The bill increases the ECP’s autonomy, which it requires to fulfill its constitutional mandate. The ECP is now empowered to undertake disciplinary action against election officials. The ECP had thus far lacked such powers, required for its effective management of elections. However, the bill does not clarify whether the ECP has the same powers over staff seconded from the judicial branch. In addition, the bill strengthens the ECP’s financial control by allowing it to charge all of its expenditures to the Federal Consolidated Fund. Crucially, the bill empowers the ECP to formulate its own rules, without presidential approval – as previously required – or review by government. This is most important move for increasing independence of the ECP.

ii. Accountability of the ECP: As ECP is a public body using tax payers’ money for its operations so like any public body it should be accountable to the taxpayers. The bill introduces some measures to enhance the accountability of the ECP, including requirements for the ECP to submit an annual report to the parliament and provincial assemblies and to publish the report on

19

The 18th

amendment committee was held its first meeting on 25 July 2017 while it introduced its report along with amendment bill on 31 March 2010. See the report of the committee here: http://www.na.gov.pk/uploads/documents/report_constitutional_18th_amend_bill2010_020410_.pdf, accessed on 11 September 2017. 20

Evidence shows that joint committee help expedite the legislative work. However, they can also have disadvantages, including watering down the balance of bi-cameral legislatures. In the federal countries like Pakistan, upper houses often guard the interest of the federal units and joint committees may reduce opportunity for members of the upper house to exercise such function. For further discussion, see “Joint Resolution: A Study of Joint Committees and Legislative Effectiveness in the New England State Legislatures”, available here: http://digitalrepository.trincoll.edu/cgi/viewcontent.cgi?article=1379&context=theses, accessed on 17 September 2017

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its website. In addition, the ECP is required to formulate an action plan for the conduct of an election four months before a general election. Moreover, the ECP is required to publish the election rules it makes on its website without delay and seek inputs from stakeholders.

iii. The ECP’s mandate regarding local elections clarified: The bill clarifies the ECP’s mandate regarding the conduct of local elections, investing in it powers to conduct delimitation for local elections and prepare electoral rolls. These issues proved problematic during the last cycle of local elections in 2015-16. In November 2015, the Supreme Court ruled that the ECP has powers to delimit electoral constituencies for local elections. The 22nd amendment to the Constitution fulfilled the court’s order and the bill contains corresponding provisions to operationalise these powers.

iv. Any voter can file complaints: For the first time, the bill affords voters the right and opportunity to file complaints to the ECP on any aspect of an election. The ECP is required to address complaints received within 30 days and publish on its website the orders issued to address complaints. This is an important measure in line with Pakistan’s international obligations under the International Covenant on Civil and Political Rights (ICCPR), which require effective remedy for anyone whose rights have been violated. However, the bill does not provide voters the opportunity to bring petitions directly before a tribunal to challenge results or other aspects of an election. Future reform efforts should consider this given that voters may want to challenge results of an election. Introducing such provisions would bring Pakistan’s legal framework closer in line with its commitments under the ICCPR.

v. Election Staff appointed from ECP’s own staff: The drawing of District Returning Officers (DROs) and Returning Officers (ROs) from the judiciary has remained controversial, in part because the ECP lacks powers over them while it also blurs the boundaries between the executive and judicial branches. Considering this, and in response to the demands of political parties and observers, the bill affords the ECP the power to draw DROs and ROs from its own staff in addition to any other federal or provincial body.

vi. Easy registration of voters: The bill gives voters the possibility to choose their electoral registration options when they acquire a computerised national identity card from the NADRA. In addition, the bill also formalises the cooperation between NADRA and the ECP with regards to the sharing of civil registry data, which has thus far remained unregulated.

vii. Transparency of electoral governance: Several measures to enhance the transparency of electoral process are contained in the bill, including the requirement for the ECP to publish provisional results on its website. The bill also requires polling officials to publicise copies of the results forms at the polling station level and provide certified copies to the agents of all candidates. These measures are important for enhancing the transparency of results processes and reducing the risk of such processes being contested, as was the trigger for the political instability that followed the 2013 general election.

viii. Women’s participation: The bill introduces multiple measures for improving participation of women as voters and candidates. Firstly, the bill empowers the ECP to nullify results of a constituency where women’s turnout is less than 10% or where agreements are made to disenfranchise women voters. Moreover, the ECP is required to undertake efforts to increase women’s registration on the electoral rolls. These are positive measures given around 11 million women are missing from the voter list and that in past general and local elections women were disenfranchised in several areas of Pakistan. However, given that incidents of barring women from voting are often localised, they may not impact overall constituency-level turnout. In light of this, the bill affords the ECP discretion to nullify results for individual or numerous polling stations where women’s turnout is less than 10%. Furthermore, the ECP is required to record and release sex-disaggregated data for voters’ turnout. However, this requirement is only on annual basis and should be made after every election. Regarding women as candidates, positive measures include the obligation placed on political parties to afford women at least 5% of party tickets on general seats in national and provincial assembly elections. However, while this is doubtless an encouraging move, in practice it may not have a significant impact on increasing women candidates on general seats. Among the larger parties such PPP, PTI, PML-N and MQM, which fielded approximately 200-230 candidates each during the 2013 general elections, the 5% requirement translates into a reasonable share of seats: on average, these parties will each provide tickets to 10-12 women for general seats in the

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National Assembly. However, in the case of smaller political parties, which fielded between 30-50 candidates in 2013, the 5% amounts to 1-2 seats per party. In 2013, political parties gave around 238 women tickets on general seats.21 So, this 5% limit may not increase overall number of women receiving tickets on general seats. Significantly more party tickets were granted to female candidates in Pakistan’s 2013 general elections than in previous polls. However, rather than female candidates winning more general seats as a result, the number of general seats held by women in fact dropped to just six out of 272. Therefore, the PCER may consider increasing the percentage of party tickets afforded to women candidates to at least 10%.

ix. Participation of persons with disabilities: For the first time, the bill allows persons with disabilities and who are unable to travel to cast postal ballots. Postal voting remains restricted to persons with few types of disabilities only, but the inclusion of persons with disabilities among them is an important step to more inclusive electoral processes. In the same vein, the bill also requires the ECP to take proactive efforts for increase registration of persons with disabilities as voters.

x. Security features in the ballot paper: The bill requires the ECP to build a special water mark into ballot papers, a measure aimed at increasing the security of ballot papers and preventing fraud.

xi. Access of election observers: Election observers’ access to scrutinise electoral processes has thus far remained unregulated, though in practice the ECP has in most cases facilitated observation activities. For the first time, the bill enshrines the rights and duties of election observers. However, observers’ access to key processes such as polling, counting and consolidation of results remains limited. Considering this, the bill should be reviewed to give observers access to all aspects of an election in line with international standards. In a similar vein, the bill requires observers to ascertain security clearance from the government, placing further restrictions on observers. Given the convoluted nature of the security clearance process in Pakistan, this unduly increases the administrative burden on observers.

xii. Mandate of caretaker government: Importantly, the bill defines the mandate of the caretaker government, contributing towards increased accountability and confidence in future caretaker setups. The bill limits the role to running the affairs of the state until a new elected government is formed and precludes the caretaker government from enacting any policies.

xiii. Delimitation variations established: The bill introduces limits on the variation in population size between constituencies. It stipulates that population size across constituencies may vary by a maximum of 15%. This is a crucial measure to ensure equal suffrage, especially considering current data which show that Pakistan’s largest constituencies are approximately 500% bigger than the smallest constituencies.22

REFORMS MISSED OR REVERSED: i. Delimitation using voters’ list data in the absence of Census data: The draft released by

PCER on 20 December 2016, hereinafter referred to as 20th December draft,23 and encompassed progressive provisions which have since been reversed. For instance, the initial draft proposed allowing the ECP to use voter list data to conduct delimitation of constituencies where census data was outdated by more than ten years. This measure would help to ensure that all constituencies meet the ‘one person, one vote’ requirement and that equal suffrage is respected. However, the provision did not find its place in the final draft

21

See assessment by Free and Fair Election Network and Sustainable Policy Development Institute: http://elections.sdpi.org/pdf/FAFEN%20-%20Women%20and%20the%202013%20General%20Elections%20-%2022%20April%202013[1].pdf, accessed on 17 September 2017 22

NA-41 (Tribal Areas VI) has 92,719 voters whereas NA-19 (Haripur) has 531,685 voters – the point is highlighted by National Democratic Institute (NDI) and Asian Network for Free Elections (ANFREL) in their observation report for Pakistan’s 2013 general election. For more issues on delimitation, see paper by Democracy Reporting International: http://democracy-reporting.org/newdri/wp-content/uploads/2016/03/dri-pk_ip3_briefing_paper_on_delimitation_en.pdf, accessed on 17 September 2017 23

See DRI’s paper on the 20th

December draft of the Elections Bill 2017 for an overview of the key reforms: http://democracy-reporting.org/wp-content/uploads/2017/01/DRI-PK_PCER_Electoral_Reforms_Bill_v2.2_2017_01_24.pdf, accessed 17 September 2017.

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introduced and approved by the National Assembly. Given the bill is currently under review in the Senate, parliamentarians can consider bringing this provision back into the Elections Bill 2017. Reintroducing the provision is especially important in light of the delays to the ongoing census exercise, which is the first to take place in Pakistan in nearly 20 years.

ii. Bar on voters with mental disabilities: The Election Bill disenfranchises voters who are of ‘unsound mind’, without specifying what exactly this refers to. This creates ambiguity regarding Pakistan’s compliance with its obligations under the Convention on the Rights of Persons with Disabilities (CRPD), which sets out the international consensus on civil and political rights for persons with disabilities. The CRPD committee has commented on mental capacity and specifically underlined that it should not be used to disenfranchise voters, making the provision inconsistent with Pakistan’s commitments under CRPD.24

iii. Party Finances: Parties and observers have long demanded imposing limits on parties’ election campaign expenditures. Addressing this, the 20th December 2016 draft included caps on campaign expenditure for political parties. At the same time, it invested the ECP with powers to penalise parties in the event they failed to submit their annual finance reports – an important measure for ensuring compliance with the bill. However, both provisions were removed from the bill before it was presented to the National Assembly of Pakistan. Given the importance of the proposed measures for limiting unfair advantage, due consideration should be given to reinstating these provisions in the bill.

iv. Transparency: The 20th December draft required the ECP to publish nomination forms of all validly nominated candidates on its website. This was an important transparency measure and would have enabled voters and the public at large to scrutinise candidatures. Moreover, the proposal was in line with the right to information guaranteed under the Constitution of Pakistan as well as the transparency measures required under international treaties to which Pakistan is a party. However, this provision was also removed before the bill was laid in the Lower House. The bill as approved by the National Assembly requires publication of data related to various electoral processes. Many of these provisions could be further strengthened by requiring 1.) specific timelines and 2.) specific details on the type of data that is required to be made public. For instance, the bill could specify requirements that results disaggregated by polling station are to be promptly published on the ECP’s website. Provisions could also be made for the immediate publication of changes to polling stations, information on rejected candidate nominations, and on campaign and party finances. In addition, boundary delimitation is a further area where full information and data, including maps with area details, could be required to be published.

v. Media regulations: Media plays an essential role in providing information on a range of public issues, not just elections. In Pakistan’s 2013 polls, however, the role of the media turned controversial when certain channels reportedly broadcasted provisional results before schedule. Moreover, the EU EOM to the 2013 elections highlighted that political parties’ access to media was unequal, with some parties receiving notably more on-air time than others. The election bill includes neither provisions to guarantee the rights of media organisations to access all aspects of an election nor measures that regulate the media’s role in publishing and/or broadcasting news about elections.

vi. Removal of difficulties in the implementation of the bill: In the event the ECP faces difficulties in the implementation of the bill, it requires presidential approval to remove such difficulties. As the ECP is a constitutionally independent body, it should have powers to remove any such difficulties without presidential approval. This provision is also inconsistent with other clauses of the bill which empower the ECP to ‘fill in the gaps’ of the legislation in the conduct of elections. Therefore, due consideration should be given to removal or

24

UN OHCHR Thematic Study by the Office of the United Nations High Commissioner for Human Rights on participation in political and public life by persons with disabilities. 21 December 2011 A/HRC/19/36 at [29]; Committee on the Rights of Persons with Disabilities in Bujdoso v Hungary Communication No. 4/2011 9 September 2013 CRPD/C/10/D/4/2011 at [9.4]; Committee on the Rights of Persons with Disabilities Concluding Observations on the initial report of Australia, 21 October 2013, CPRD/C/AUS/CO/1

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amendment of this provision, empowering the ECP to remove difficulties independently while requiring it to publish reports on the removal of such difficulties on its website.

WAY FORWARD: Looking forward, there are three key points that are critical to the success of the Elections Bill 2017:

i. Expediting the enactment of the bill: First, the enactment process of the bill needs to be expedited. At the time of writing, the bill has been deliberated, amended and approved by the Senate Standing Committee on Law and Justice and will now be tabled in the Senate for approval. As per parliamentary procedure, the next step will then be the returning of the bill to the National Assembly for final debate and approval and its enactment into law. This is time-critical, given that the ECP requires sufficient time to implement the bill after it is passed. The ECP has already written to the Speaker of the National Assembly and Chairman of the Senate, as well as the leadership of almost all parliamentary political parties,25 to highlight the need to expedite the Elections Bill.26 Considerable time will be required for training staff and arranging logistics for the conduct of the elections in line with the new election rules. Moreover, if the official census data are made available in sufficient time ahead of the election, the ECP may have to delimit constituencies anew – though the likelihood of this happening in practice appears slim. To expedite the passage of the bill, further amendments suggested by parties could be forwarded to the PCER, whose work on further reforms continues.

ii. Operationalisation of the bill: Once the bill is enacted, the ECP will have to take several steps for operationalisation of the Elections Bill 2017. First among these will be the formulation of the rules as per the approved law. The ECP has reportedly already drafted some rules, but these will need to be revised based on the approved Election Act. In addition, the ECP will need to undertake intensive efforts to address all aspects of the elections and not neglect the making of rules in certain areas, such as delimitation, as has happened in the past. As the Constitution and the bill gives ECP a broad mandate for organising ‘free and fair’ elections, it can use such powers to fill in the gaps left out by the bill. Secondly, the ECP will have to review its existing staffing structure and may need to create new posts or assign existing teams additional tasks in line with the Elections Bill 2017.

iii. Continuing the reforms and making PCER a permanent body: In addition to the Election Bill 2017, further amendments are required in the constitution to address various issues including the removing subjective and vague candidacy criteria and barring candidates to run from multiple constituencies. Hence, the PCER should continue working on the reform process. The Parliament and political parties could consider converting the PCER into a permanent committee. Electoral reforms are an on-going process across electoral cycles and good practices indicate that laws be revised after every election. The bill requires the ECP to conduct a post-election review after every election. Such a review may highlight the need for further legal changes, as there is always scope for improvement in electoral processes. Therefore, having a permanent body responsible for electoral reforms will be helpful and effective for making further improvements to the legal framework ahead of future elections.

25

See ECP’s letter to parliamentary leadership here: https://www.ecp.gov.pk/PrintDocument.aspx?PressId=54277&type=PDF, accessed on 17 September 2017. 26

See Dawn report on the ECP’s letter: https://www.dawn.com/news/1325217, accessed 17 September 2017.

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OPINION Missing Women Voters in Pakistan - an Urban Problem

Daud Malik,

Governance Expert INTRODUCTION This brief paper looks at the difference between the male and female voters in the 272 directly elected constituencies of National Assembly at the time of 2013 General Elections in Pakistan. It shows the difference between the male and female voters permeates across Pakistan, especially in cities such as Karachi, Lahore, Faisalabad, Peshawar, and Quetta. As voters, women’s numbers have remained less than men voters throughout the country’s electoral history. During 2013 General Elections there was not a single constituency where the difference between male and female voters was less than 10,000. For the first time in Pakistan’s history the gender wise voters’ data collected in 2013 General Elections highlighted the bleak reality of women as lesser partner of democracy. For every three male voters, there was only one female voter at the polling booths in the 2013 General Elections – out of 46 million Pakistanis who used their right to vote; only 14 million were women. BACKGROUND Since 2008 Pakistan has witnessed a surge in pro-women legislation in the Parliament and the provincial assemblies, addressing issues of harassment at workplace, domestic violence, women’s right to ownership, financial and legal assistance to women in jails, etc. along with the establishment of commissions on status of women at federal and provincial levels. However the area of concern still persisting is the missing women voters. In January 2017 the number of registered voters has increased to 97,016,232 – an increase of 12.3% since 2013. Though the number of women voters has increased, the gender gap has widened to more than 12 million. Out of the 97.01 million voters, the number of female voters is little more than 42 million. Pakistan has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to take measures to eliminate discrimination against women, including their participation in elections.1 Further Pakistan’s Constitution guarantees equality as the article 25(2) provides for “no discrimination on the basis of sex” and article 26(1) states “no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.” This is further backed by the State’s affirmative obligation under article 25(3) (…making special provision for the protection of women and children). In 2008 Pakistan signed the International Covenant on Civil and Political Rights (ICCPR) for free and fair elections under the Universal Declaration of Human Rights, providing equal rights for participating in public affairs, including suffrage and public office.2 WOMEN VOTERS SINCE 1970 Women voters have always been less than men voters in Pakistan’s electoral history. In fact the gap has been increasing in the 21st century during which Pakistan has held three general elections. The gap was four million when Pakistan held its first general elections in 1970 (when Bangladesh was East Pakistan). Today the gap has increased to more than 12 million.

1 Election Observation Mission, EU . (2013). Final Report, General Elections. Brussels: European External Action

Service. 2 Ansari, S. (2012). Electoral Reform and Women's Political Participation. Islamabad: Jinnah Institute.

For every three male voters, there was only one female voter at the polling booths in the 2013 General Elections – out of 46 million Pakistanis who used their right to vote; only 14 million were women.

Today Women Voters Gap in Pakistan is 12 million

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Table 1: Male-Female voters’ comparison since 1970 Elections Male

Voters Female Voters

Total Voters

Difference Women as % of total voters

Female Voters for every 100 male voters

1970 30,507,794 26,433,706 56,941,500 4074088 46% 87

1977 16,735,041 13,723,178 30,458,219 3011863 45% 82

1985 18,992,874 15,403,787 34,396,661 3589087 45% 81

1988 23,337,916 20,285,278 43,623,194 3052638 46% 87

1990 25,477,892 21,797,666 47,275,558 3680226 46% 86

1993 28,514,081 23,811,940 52,326,021 4702140 45% 84

1997 31,382,633 25,233,034 56,615,667 6149599 44% 80

2002 38,753,737 33,160,113 71,913,850 5593624 46% 86

2008 45,097,818 35,409,553 80,507351 9688265 43% 79

2013 48,593,537 37,596,214 86,189751 10997323 44% 77

In 2002 general elections under the military government of General Pervez Musharraf, the gap was 5.5 million, which jumped to 9.6 million on 2008 and 10 million in 2013 general elections. The difference came down in 1988 elections held after the 11-year military rule of General Zia ul Haq - from 3.5 million to 3 million. However the difference jumped back to 4.7 million in 1993 and 6.1 million in 1997. Until 2008 women voters have remained 45-46% of the total voters. However in 2008 their share dipped to 43% in 2008 and 2013. Though the number of women voters has been registering increase with every general election in Pakistan, their number for every 100 male voters has been decreasing. The main reasons for missing women voters are under-registration, exclusion from political party decision making structures, unable to vote because of mobility issues and the security issues.3 Under-registration is linked to lack of male interest in getting females registered as voters and also women’s “lack of interest about the electoral system”.4 Figure 1: Female voters for every 100 male voters – 1970-2013

Overall Difference In May 2013 there was not a single constituency with equal number of male and female voters or where the difference was less than 10,000 votes. At the time of General Elections in 2013, nationally on average in every National Assembly constituency there were 40425 less women voters. If the 272 constituencies are reviewed in terms of 10,000-vote difference, 78 or 29% are between 40000-50000, followed by 70 or

3 Khawar, M. (2014). Electoral Reforms in Pakistan - How to close the Gender Gap. Development Advocate

Pakistan, Vol 1: Issue 4. 4 Khawar, M. (2014). Electoral Reforms in Pakistan - How to close the Gender Gap. Development Advocate

Pakistan, Vol 1: Issue 4.

87

82 81

87 86

84

80

86

79 77

70

75

80

85

90

1970 1977 1985 1988 1990 1993 1997 2002 2008 2013

Female as % every 100 male voters

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26% between 30,000 and 40,000. Most of the constituencies within 40,000-50,000 difference are in Punjab – 63. Similarly 46 or 17% constituencies are between 20,000 and 30,000 difference. Only two constituencies are between the 100,000-110,000 and 130,000 -140,000 difference – one in FATA and the other in Karachi. The overall male-female difference across the 272 constituencies ranges from the least 10,119 in Shikarpur-cum-Sukkur-cum-Larkana (Old Shikarpur-II) (NA-203) to 137,210 voters in NA-40 – Tribal Area-IV (FATA). Table 2: Difference at constituency level segregated by 10,000

Difference Constituencies Punjab Sindh KP Balochistan FATA ISB

1-10000 0 0 0 0 0 0 0

10000-20000 23 2 19 1 0 0 1 20000-30000 46 20 16 0 6 3 1 30000-40000 69 41 15 6 4 4 0 40000-50000 78 63 2 11 1 1 0 50000-60000 28 11 2 12 1 2 0 60000-70000 12 8 2 2 0 0 0 70000-80000 6 3 3 0 0 0 0 80000-90000 3 0 1 1 1 0 0 90000-100000 2 0 0 2 0 0 0 100000-110000 1 0 1 0 0 0 0 110000-120000 0 0 0 0 0 0 0 130000-140000 1 0 0 0 0 1 0 Total 2715 148 61 35 14 11 2

In May 2013 there were 10 million less female than male voters in Pakistan. Out of the total registered 86,189,751 voters, male voters were 48,593,537 compared to 37,596,214 female voters. In January 2017 the number of registered voters has increased to 97,016,232 – an increase of 12.3% since 2013. Though the number of women voters has increased, the gender gap has widened to little more than 12 million. The increase in number of male registered voters is higher than the increase in female registered voters since 2013. Importantly 11% more women voters are missing in January 2017. Table 3: Percentage of Registered Voters From 2013 to 2017

Elections 2013 January 2017 Increase %

Male Registered Voters

48,593,537 54,593,885 6,000,348 12.3

Female Registered Voters

37,596,214 42,422,347 4,826,133 12.8

Difference 10,997,323 12,171,538 1,174,215 10.6

Source: Election Commission of Pakistan Constituencies with most difference (65000 and more) Most of the top 15 constituencies with highest difference between male and female voters are in Sindh and Punjab, which is understandable given the share of the two provinces in the directly elected seats for National Assembly. Punjab and Sindh’s share in the 272 directly elected seats for National Assembly 148 and 61 which is collectively 76%. Six of the 15 constituencies are in Karachi, with difference ranging between 66290 (NA253, Karachi-XV) and 109,258 (NA-239). Karachi district, which has the most seats in the National Assembly, has one of the two only constituencies in Pakistan where the difference is more than 100,000 voters. Punjab’s share among constituencies with more than 65,000 votes difference is four, with NA-100, Gujranwala-VI, registering the most 78,409 male-female votes’ difference. In Khyber Pakhtunkhwa, the Upper and Lower Dir constituencies, NA-33 and NA-34, which have been in the news for barring women from voting, have more than 90,000 male-female voters’ difference. Bannu, which has only one NA-26 constituency, has little more than 82,000 votes difference. Only one constituency in Balochistan has more than 65,000 votes difference – NA-260 which has 87,261 fewer women voters.

5 Elections in FATA constituency NA-38 were not held on May 11, 2013.

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Table 4: Constituencies with Most difference

Constituency Difference

Karachi-XV (NA-253) 66290

Sialkot-II (NA-111) 67197

Karachi-III (NA-241) 70633

Sialkot-V (NA-114) 70985

Karachi-XX (NA-258) 71258

Mandi Bahauddin-II (NA-109) 74619

Karachi-XVI (NA-254) 77,572

Gujranawala-VI (NA-100) 78,409

Bannu (NA-26) 82,629

Karachi-V (NA-243) 83014

Quetta-cum-Changai-cum-Nushki (Old Quetta-cum-Mustung (NA-260)

87,261

Upper Dir (NA-33) 90,225

Lower Dir (NA-34) 91,441

Karachi-I (NA-239) 109,258

Tribal Area-IV (NA-40) 137,210

Constituencies with least difference Sindh’s share among the 15 constituencies with least difference between male-female voters is overwhelming – 12. This difference ranges from 10,119 to 17,099. Interestingly Karachi, which has six constituencies with more 65,000 vote gender difference, also has two constituencies with less than 20000 difference. Only one constituency each from Punjab (NA-153, Multan IV) and Khyber Pakhtunkhwa (NA-23, Kohistan) are among the 15 with least difference. One of the two constituencies of the federal capital is part of this list. Table 5: Constituencies with Least Difference

Constituency Difference

Shikarpur-cum-Sukkur-cum-Larkana (Old Shikarpur-II) (NA-203)

10119

Matiari-cum-Hyderabad (Old Hyderabad-I) (NA-218)

13183

Larkana Cum Shikarpur-cum-Kamber Shahdadkot (Old Larkana-IV) (NA-207)

13700

Kharan-cum-Panjgur (NA-271) 13901 Tharparkar-II (NA-230) 14826 Nawabshah-II (NA-214) 15364 Multan-VI (NA-153) 15432 Shikarpur (Old Shikarpur-I) (NA-202) 15511 Jacobabad (Old Jacobabad-I) (NA-208) 15840 Umerkot (Old Mirpurkhas-III) (NA-228) 16197 Larkana (Old Larkana-I) (NA-204) 16547 Karachi-XIX (NA-257) 16728 Karachi-XVIII (NA-256) 17099 Kohistan (NA-23) 17334

Islamabad-1 (NA-48) 17836

Women at the polling station – General Elections 2013 The share of female voters in Pakistan’s electoral process tells a story in which they are lesser or marginal partner in democracy. Not only women voters are missing from the voter list, they are also missing from the polling booth. In the first place women are not registered as voters and if they become voters, they come out in much less numbers to vote. Of little more than 37 million registered female voters, only 14 million or 37% cast their vote in the general elections 2013. This much sought after gender segregated information on voters was shared with the National Assembly during the question hour on March 6, 2017. Unfortunately less than half of the registered women voters went to polling booths on May 11, 2013.

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Table 6: General Elections 2013 Province/Area Registered Female Voters Female Votes Polled Turnout

Balochistan 1,421,274 192,373 13.54% Khyber Pakhtunkhwa 5,257,626 1,179,634 22.44% Punjab 21,561,563 9,473,159 43.94% Sindh 8,472,741 2,961,315 34.95% FATA 596,079 50,336 8.44% Federal Capital 288,060 176,083 61.13%

Source: Question Hour, National Assembly of Pakistan, March 6 This picture becomes gloomier if the share of women voters in the total votes cast is seen. Overall 46 million Pakistanis (46,217,482) used their right to vote in the 2013 polls. Of them female voters who cast their vote were only 30% (14,032,900). The 70:30 gender voting turnout shows the male have the main say on who rules Pakistan. The situation in FATA, Balochistan and Khyber Pakhtunkhwa is worrisome as women voters’ turnout is only 8.44%, 13.54%, and 22.44% respectively. Political parties’ indifference Though the difference between the male and female voters has been steadily increasing since the General Elections in 1988, the issue has failed to get the attention it deserves. Political parties remain oblivious to this cause. In January 2017 the Election Commission of Pakistan wrote a letter6 to the heads of 16 mainstream parties, seeking their help to bridge the gender gap between voters. The letter pleaded: “As head of a political party you are requested to help ECP in bridging this gap by asking your workers and supporters to encourage women, religious minorities, disabled persons and other marginalised segments of society to get registered as voters and use their right to franchise in the ensuing elections”.7 However the political parties did not respond enthusiastically to the ECP call for help. By July 2017, the ECP received response only from one party on the issue of missing women voters.8 PROVINCE WISE REVIEW Khyber Pakhtunkhwa There is not a single National Assembly constituency in Khyber Pakhtunkhwa where the gender difference is less 15000. In all the four NA constituencies of the provincial capital, Peshawar, the number of female voters for every 100 male voters is less than 77. The least gender difference is 17334 in NA-23 Kohistan. In 17 of the 35 National Assembly constituencies in Khyber Paktunkhwa in 2013 general elections, the difference between the male-female voters was more than 50000. The worst case scenario was in Upper Dir-1 and Lower Dir-1 where the difference was a little more than 90000, followed by 82629 on NA-26, Bannu-1. In 11 constituencies, the difference is between 40000-49000 while in six constituencies it is between 30000 and 35000. For every 100 male voters, there are less than 70 female voters in five constituencies – Peshawar NA-4 (69), Mardan-II NA-10 (69), Bannu-I NA-26 (69), Upper Dir-I (61, lowest in the province) and Lower Dir-I (69). Similarly there are only five constituencies in the province where for every 100 male votes, there are 80 or above female voters. FATA FATA, which got the right to adult franchise in 1997 and the political parties were allowed to campaign in the 2013 general elections, presents a bleak situation. In all FATA constituencies, the number of women

6 The letter was written to then Pakistan Muslim League-Nawaz president and Prime Minister Nawaz Sharif,

Pakistan Peoples Party chairman Bilawal Bhutto-Zardari, Pakistan Tehreek-i-Insaf chairman Imran Khan, Muttahida Qaumi Movement deputy convener Dr Farooq Sattar, PML-Quaid president Chaudhry Shujaat Husasain, Awami National Party president Asfandyar Wali Khan, Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman, Jamaat-i-Islami emir Senator Sirajul Haq, National Party president Dr Abdul Malik Baloch, National Peoples Party president Ghulam Murtaza Jatoi, PML-Functional president Pir Sibghatullah Shah Pir Pagara, Awami Muslim League president Sheikh Rasheed Ahmad, Pakhtunkhwa Milli Awami Party chairman Mehmood Khan Achakzai, Qaumi Watan Party president Aftab Ahmad Khan Sherpao and PML-Zia president Ijazul Haq. 7 Khan, I. A. (2017, January 25). ECP writes to party chiefs to ensure full participation of female voters. Dawn.

8 Abbasi, A. (2017, July 4). ECP fears messy 2018 polls. The News International.

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voters for every 100 men voters is less than the national average of 77. In NA-40, the gender difference is the highest i.e. 137,210. The women registered voters are only 7.3% of the total voters or there are only 8 women voters for every 100 male voters. Islamabad Relatively the two National Assembly seats present a better gender parity with regards to the use of vote. For every 100 male voters in two constituencies of the capital, there are 88 and 83 women voters. Punjab Punjab presents a mixed picture. In both the constituencies of Chakwal and one in Multan present the best gender parity – 92 registered women voters for every 100 male voters. The NA constituencies in Rawalpindi, Attock and Jehlum are much better than the national average of 77 women for every 100 male voters. But in almost 44.59% of the NA constituencies (66) in Punjab, for every 100 male voters there are less than 77 registered women voters. These constituencies include the urban districts such as Faisalabad, Gujranwala and Lahore. In NA-100 Gujranwala VI, there are only 57 registered women voters for every 100 men voters – the lowest in Punjab. In eight out of the 13 NA constituencies in Lahore, the capital of Punjab, the number of registered female voters is less than the national average – 77. This highlights the fact that the issue of missing women voters is severe in urban areas. The fact that the gender difference in NA-100 Gujranwala VI is more than some of the constituencies in FATA should be a matter of concern. Sindh Sindh presents an interesting urban-rural contrast. The gender parity between voters is the least in interior Sindh. Only one constituency – NA-200 Ghotki-I – has 76 women voters for every 100 male voters as the rest are above the national average of 77. But on the other hand, out of the 20 NA constituencies in Karachi, the country’s financial hub and the capital of the province, 10 constituencies have less than 77 women voters for every 100 male voters. The difference in these ten constituencies ranges from 49309 less women voters in NA-253 Karachi XIII to 109,258 in NA-239 Karachi-I. This starkly highlights the fact that the issue of women voters is more of an urban issue. Balochistan Out of the 14 NA constituencies in Balochistan, eight have less than 77 female voters for every 100 male voters. In the case of Balochistan also, Quetta, the capital of the province, the number of women voters for 100 male voters is less than 77. Conclusion The issue of missing women voters is not limited to far-off rural parts of Pakistan. It is an issue of the whole of Pakistan, especially in urban areas. The issues of missing women voters and the women not using their right to vote is making them a lesser partner in Pakistan’s democracy. Pakistan may boast about having first female prime minister in a Muslim country, females’ lesser participation both as voter and legislator is a worrying trend. Though their role is critical, the political parties seem oblivious to collaborating with the ECP in addressing this issue. With the general elections still a year away, the ECP and the civil society needs to work with the political parties in ensuring that not only women register themselves as voters and but also come on the polling day to vote. If women are registered as voters as men are and they come out in large numbers to vote, Pakistan’s political landscape may witness significant changes gender wise. References Abbasi, A. (2017, July 4). ECP fears messy 2018 polls. The News International. Ansari, S. (2012). Electoral Reform and Women's Political Participation. Islamabad: Jinnah Institute. Election Observation Mission, EU . (2013). Final Report, General Elections. Brussels: European External Action

Service. Khan, I. A. (2017, January 25). ECP writes to party chiefs to ensure full participation of female voters. Dawn. Khawar, M. (2014). Electoral Reforms in Pakistan - How to close the Gender Gap. Development Advocate Pakistan, Vol

1: Issue 4.

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OPINION

Nuclear Suppliers Group – Policy of Pakistan Fakiha Mahmood

Research Officer, PIPS International Relations Desk Introduction Export controls are primarily meant to encourage exploitation of the benefits of nuclear energy for civilian purposes in a way that the technology is not used for preparing the nuclear weapons. While there is general consensus among the international community for limiting the nuclear weapons as far as possible for they cause destruction on massive scale. The other side of the picture involves the use of nuclear technology for civilian purposes which ought not to be hindered because of illegal proliferation concerns. The Nuclear Non-Proliferation Treaty (NPT)1, which makes the core of the international efforts at curbing the spread of the nuclear weapons, incorporates the balance between these two opposing dimensions. Article III (2) states:

“Each State Party to the Treaty undertakes not to provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this Article.”2

Article IV states: “Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this treaty.”3

In order to implement the stipulations of the NPT with regard to the export controls, the Zangger Committee4 was established in 1971. With 38 member states, including the five nuclear weapon states, the Committee took decisions with consensus; however, they were not binding on member states.5 Nuclear Suppliers Group With the Indian nuclear explosions of 1974, the international community realized the need to establish a more formal and robust mechanism for nuclear export controls, so that the transfer of nuclear energy for peaceful purposes may not translate into making of nuclear weapons. Hence, Nuclear Suppliers Group (NSG)6 was established in 1975 as an alliance of nuclear supplier states with the aim to curb the proliferation of nuclear weapons under the rubric of civilian uses of nuclear technology. The NSG has evolved from a group of states including: Canada, France, Japan, Soviet Union, United Kingdom, United States and West Germany which held series of meetings from 1975 to 1978 in London (therefore initially termed as the London Club), which was expanded later on to include major suppliers of nuclear material, non-nuclear material for reactors, equipment and technology who were members of the Zangger Committee and the states who were not members of NPT.7 According to the official sources NSG applies the following criteria for membership:

1 Both India and Pakistan are not signatory to NPT.

2 United Nations, The Treaty on the Non-Proliferation of Nuclear Weapons,

http://www.un.org/en/conf/npt/2005/npttreaty.html, (accessed September 26, 2017). 3 Ibid.

4 The Committee was named after its Inaugural Swiss Chairman.

5 Ramesh Thakur and Gareth Evans, “Nuclear Weapons: The state of play,” (Canberra: Center for Nuclear Non-

Proliferation and Disarmament, 2013), 101-102. 6 Current members of NSG are: Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, China,

Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Republic of Korea, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, and United States. The European Commission and the Chair of the Zangger Committee participate as observers. [Reference: Nuclear Suppliers Group, http://www.nuclearsuppliersgroup.org/en/participants1, (accessed September 13, 2017).] 7 International Atomic Energy Agency, Information Circular, Communication received from the Permanent

Mission of Argentina to the International Atomic Energy Agency on Behalf of the Participating Governments of

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i. “The ability to supply items (including items in transit) covered by the Annexes to Parts 1 and 2

of the NSG Guidelines;

ii. Adherence to the Guidelines and action in accordance with them;

iii. Enforcement of a legally based domestic export control system which gives effect to the

commitment to act in accordance with the Guidelines;

iv. Adherence to one or more of the NPT, the Treaties of Pelindaba, Rarotonga, Tlatelolco,

Bangkok, Semipalatinsk or an equivalent international nuclear non-proliferation agreement, and

full compliance with the obligations of such agreement(s);

v. Support of international efforts towards non-proliferation of weapons of mass destruction and of

their delivery vehicles.”8

However, the credibility of the prestigious Nuclear Suppliers Group has come under threat with the special treatment accorded to India in the wake of the Indo-US strategic partnership. It was the Indian nuclear explosion which was perceived as betrayal by the international community which provided India the materials and technology for peaceful uses, but those at the helm of affairs in India diverted those resources for making the nuclear weapons. Alarmed at this betrayal, the international community established the Nuclear Suppliers Group which emerged as a prestigious organization playing an effective role in mitigating the spread of nuclear weapons. But now that same country is putting the credibility of NSG at risk by receiving special status in the NSG. NSG and the Indo-US strategic partnership The nuclear explosions of 1998 by Pakistan and India shook the international community led by US which had succeeded in bringing near universal membership in the NPT. The NPT had divided the world into nuclear weapons states, including the five permanent members of the United Nations Security Council, and non-nuclear weapons states including all the rest of states parties to the treaty. Under the treaty the nuclear weapons states had to move towards disarmament and non-nuclear weapons states had agreed to renounce nuclear weapons capabilities while the nuclear technology for peaceful purposes was recognized as an inalienable right of all states parties to the treaty. After the nuclear explosions of 1998 both Pakistan and India were condemned from all sides for making dents into the international nuclear non-proliferation regime and threatening the international peace and security. However the rhetoric got changed with the Indo-US nuclear deal concluded in 2008. The agreement between both the countries brought significant shift in US policy towards the South Asian region. It paved the way for providing legitimacy to Indian nuclear capabilities and provided India access to advanced nuclear technology, and materials including natural uranium and low enriched uranium. The deal culminated into the specific exemption in NSG guidelines accorded to India on September 06, 2008.9 By implementing this agreement the US has upset the strategic balance in the region by denying Pakistan access to nuclear materials and technology at par with India. Partnerships like this one and the subsequent preferential treatment India has received by the international community at the end undermine the international efforts at curbing the spread of nuclear weapons around the world by undermining the saliency of the prestigious clubs like NSG and the whole non-proliferation regime. It demonstrates the preference accorded to geopolitical interests at the cost of proliferation of weapons of mass destruction in a region already lacking behind the world for its unchecked spending in the defense realm.

the Nuclear Suppliers Group, https://www.iaea.org/sites/default/files/infcirc539r6.pdf, (accessed August 28, 2017). 8 Nuclear Suppliers Group, http://www.nuclearsuppliersgroup.org/en/participants1, (accessed August 28,

2017). 9 Rashid Ahmed Siddiqi, “The Politics of US-India Nuclear Deal,” Strategic Studies 35, no. 4 (Winter 2015), 1-2.

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The China factor China has got an important role with regard to the issue at hand. China is among the five nuclear weapons states (under the NPT) and is an influential member of the NSG. China has played a crucial role in blocking Indian entry into the NSG. Furthermore, China-Pakistan cooperation in the civil nuclear field has put it on the defensive side at the international plane. The civil nuclear cooperation between Pakistan and China has been criticized by the international community on the grounds that Pakistan is a non-signatory to the nuclear non-proliferation treaty (NPT), ignoring the fact that India has been given special status in NSG despite the fact that it is not party to the NPT. The controversy surrounding the Dr. A. Q. Khan issue was further exploited by those forces hostile to Pakistan at the international level to undermine Pakistan’s nuclear future in the civilian arena. From the geopolitical point of view, it is in fact the emergence of China at the global level which has prompted the US to assign India greater role in the regional politics so that the Chinese rise could be countered through its immediate neighbor. Pakistan’s Quest for NSG Membership Pakistan is an energy deficient country. Power shortfalls reaching up to 5000 MW have severely impacted upon the socio-economic growth. Although nuclear is not a renewable source of energy, however, its environmental track record is much better than other sources of energy like fossil fuels. Therefore, in the long run Pakistan looks forward to use nuclear energy in order to meet its growing energy demands. According to recent reports, the share of nuclear energy for electricity generation capacity is around 3% in Pakistan as against 67.33% for burning of fossil fuels. Pakistan has been using nuclear technology for peaceful purposes since more than four decades. Hence, Pakistan retains the capability and expertise to run the program in a safe and secure manner.10 In order to strengthen the safety and security of its nuclear installations, Pakistan has put in place effective legislative and regulatory framework at all levels. The Export Control Act of 2004 is the prime instrument to provide legislative framework for the matters pertaining to nuclear related goods, materials and technology, the ordinances establishing the National Command Authority, Pakistan Atomic Energy Commission, and Pakistan Nuclear Regulatory Authority make the foundation of Pakistan nuclear security legislative framework. Under this framework a number of institutions and organizations are working to ensure the security of Pakistan’s nuclear installations. These include NCA, SPD, PAEC, PINSTECH, PNRA, SECDIV, PIEAS, PCENS, and NISAS. Moreover, nuclear security systems and measures for the prevention, detection and response to nuclear security events are also put in place.11 As a vibrant member of the international community, Pakistan seeks the membership of the NSG as a right to use nuclear energy for peaceful purposes which makes the cornerstone of the nuclear non-proliferation regime. Pakistan formally applied for membership of the NSG on May 19, 2016. The policy statement for that matter was mentioned in the letter addressed to the Chairman of the NSG, by the Ambassador of Pakistan in Vienna which stated that:

“The decision to seek participation in the export control regime reflects Pakistan’s strong support for international efforts to prevent the proliferation of weapons of mass destruction and their means of delivery. Pakistan has the expertise, manpower, infrastructure, as well as the ability to supply NSG controlled items, goods and services for a full range of nuclear applications for peaceful uses.”12

Pakistan’s pursuit of NSG membership is also driven by the desire to maintain the strategic balance in the South Asian region. While Pakistan cooperates primarily with China in the civil nuclear arena on bilateral level, India has signed civil nuclear agreements with various countries in recent years. The table below lists

10

Report by the Government of Islamic Republic of Pakistan for the Seventh Review Meeting, 2017, (August 216), http://www.pnra.org/upload/reports/-7NR-Pakistan-Final.pdf, (accessed September 12, 2017). 11

Ministry of Foreign Affairs, Government of Pakistan, “Pakistan’s Nuclear Security Regime,” http://www.mofa.gov.pk/documents/PNSR.pdf, (accessed August 25, 2017). 12

Ministry of Foreign Affairs, Government of Pakistan, “Pakistan applies for the membership of the Nuclear Suppliers Group,” http://www.mofa.gov.pk/pr-details.php?mm=MzczOA,,, (accessed September 8, 2017).

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some of those agreements. More recently India has also signed civil nuclear deal with Japan. Signed on November 11, 2016, the bilateral agreement came into force on July 20, 2017.13

India’s Civil Nuclear Cooperation

State Date Type of Cooperation Argentina 23-09-2010 Agreement on cooperation in peaceful uses of nuclear energy Canada 29-06-2010 Civil nuclear cooperation deal signed in Toronto France 20-02-2006 Joint declaration on the development of nuclear energy for peaceful

purposes 26-01-2008 Joint statement on terms for India’s acquisition of nuclear equipment fuel

from France 30-09-2008 Agreement on the development of peaceful uses of nuclear energy 19-12-2008 Agreement between the Nuclear Power Corporation of India Limited and

French nuclear company AREVA for the supply of 300 tons of uranium to India

06-12-2010 Agreement on the protection of Confidentiality of Technical Data and Information relating to cooperation in the peaceful uses of nuclear energy

Kazakhstan 16-04-2011 Civil nuclear cooperation agreement Mongolia 14-09-2009 Agreement for peaceful uses of radioactive minerals and nuclear energy Namibia 14-08-2009 Agreement on cooperation in peaceful uses of radioactive materials and

nuclear energy South Korea 25-07-2011 Agreement on cooperation in peaceful uses of nuclear energy Russia 06-12-2008 Agreement to construct four nuclear reactors at Kundankulam 08-12-2009 Civil nuclear cooperation agreement 12-03-2010 Agreement on cooperation in peaceful uses of nuclear energy United Kingdom

11-02-2010 Joint declaration on civil nuclear cooperation

United States

10-10-2008 Civil Nuclear Agreement (123 Agreement)

Reference: Ramesh Thakur and Gareth Evans, “Nuclear Weapons: The state of play,” (Canberra: Center for Nuclear Non-Proliferation and Disarmament, 2013), 104.

Conclusion Pakistan is an active responsible member of the international community with more than four decades of experience in civil nuclear technology. The energy crisis demands diversification of sources of energy in order to achieve the economic targets. Pakistan seeks to get NSG membership in order to benefit from the civil nuclear technology and expects a transparent and non-discriminatory criterion from member states. The special status given to India in the wake of the Indo-US strategic partnership has undermined the credibility of the NSG and the nuclear non-proliferation regime at large. Both countries declared their nuclear weapons capabilities subsequently, and share status with regard to the signing or ratification of international treaties or conventions pertaining to nuclear capabilities. Any specific treatment accorded to single country leaving the other behind would jeopardize the regional as well as global security. The strategic imbalance between India and Pakistan with regard to civil nuclear agreements is a matter of concern and should be taken seriously in the policy making circles. Pakistan needs to demarcate clearly the states hindering Pakistan’s membership in the NSG and what are the reasons for that matter and what are the possible solutions for eradicating those hindrances. Pakistan should enhance its diplomatic efforts for increasing the circle of those countries supporting Pakistan’s membership and put its maximum to counter Indian designs to block Pakistan’s membership. Lastly, the legislative framework needs further deliberation. The existing framework, particularly with regard to the nuclear security, was largely crafted during military era. The democratic control of the country’s strategic assets is utmost necessary in order to ensure peace and stability. Dialogue at the national level incorporating all stakeholders is certainly a way forward.

13

The Hindu, “India, Japan Civil Nuclear Deal comes into force,” July 21, 2017, http://www.thehindu.com/news/national/india-japan-civil-nuclear-deal-comes-into-force/article19320024.ece, (accessed September 26, 2017).

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ANALYSIS

Burhan Wani: New Age of Kashmir Struggle

Ms. Aamna Rafiq Young Parliamentary Subject Expert, PIPS

Abstract

The 2016 intifada that has taken roots in Indian Occupied Kashmir (IOK) after the martyrdom of Burhan Wani is poles apart from the earlier one that began in 1980s and tapered off in 1990s. Today, Kashmir is experiencing a new wave of educated and young freedom fighters driven by the new political ideology and religious motivation along with the modern and innovative means of e-protests to stand for the basic right of self-determination of the Kashmiri people. This study is an endeavour to provide a brief overview of this new upsurge and analyze the changing dynamics of Kashmir`s freedom movement, which should be an eye opener for the world conscious.

Introduction

The Kashmir dispute presents a formidable challenge to regional and international peace being the “oldest unresolved international conflict.” The presence and occupation of 7 lac Indian troops cast dark shadows over the freedom of Kashmiri people but above all the ruthless violations of fundamental rights of Kashmiri people resulting into 85,000 deaths has generated a humanitarian crisis. The immediate aftermath of the death of high profiled freedom fighter Burhan Wani was the new wave of struggle which has stunned the entire world.

This research paper seeks to highlight this 2016 intifada which is taking roots in IOK after the martyrdom of Burhan Wani and analyse that in which aspects this is different from the earlier uprisings? For it, a brief overview of new unrest in IOK is first laid out, then the new features of the struggle like utilization of cyberspace, ideological and social transformation, induction of educated youth as freedom fighters and their fearless symbolism are discussed in detail.

Background

Burhan Wani was killed by Indian armed forces on July 8, 2016. As a young and energetic freedom fighter, he emerged as the charismatic face of new Kashmiri intifada. At the time when Kashmiris mourned his death, Indians celebrated this ruthless murder. His martyrdom jolted the foundation of Kashmiri freedom struggle completely. Indian government is setting the historic example of brutality and state sponsored terrorism in IOK by targeting the 5000 innocent people who are striving for their right of self-determination. Following the martyrdom of Burhan Wani, thousands of Kashmiris protested against the Indian atrocities in Kashmir valley. Live ammunitions were used against the unarmed civilians. Nearly 2,000 people were injured due to the disproportionate use of pallet guns. However, this is not the first case of this types. The Kashmiri people have been subjected to continuous and severe violation of human rights from last seven decades.

A Different Genus of Kashmiri Struggle

1. Cyber Protests: A Strategic Shift

In twenty-first century, cyberspace has developed as a domain where threats, war, conflict and crisis were played out in a unique way. The decades old suppression of right to freedom of expression and political representation in physical sphere forced the Kashmiri people to take advantage of the virtual space. The new conflict field is now complexly multifaceted medium encompassing both physical and virtual territory. The use of this cyberspace by the youth of IOJK to highlight their freedom struggle, political alienation, resentment against occupation and violation of human rights by the Indian forces is a significant departure from the past and the credit for this new impetus belongs to Wani. In the last five years before his death, Wani had emerged as the social media face of Hizb-ul-Mujahdeen (HuM). The

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bloody protests accompanied by the intense social media campaign after his martyrdom not only stunned the Indian government but also incapacitated for applicable reaction.

The indications of shift to cyberspace can be traced back to the massive protest of 2010. Kashmiris displayed their extreme hatred through usage of cyberspace specifically text messaging through mobile phones. This resulted into four year ban on text messages which affected more than 5 million subscribers.1 However, by the time the ban was lifted in 2014 Kashmiris already moved to WhatsApp and social media e.g. Facebook and Twitter. The advance usage expanded when Wani uploaded a video on Facebook in August 2015 containing messages released by other jihadist leaders which specifically called for “the establishment of a Khilafat” in the region. He explicitly encouraged the youth to join him. It was circulated on WhatsApp in Kashmir at broader scale. Moreover, in early June 2016 another video surfaced but this time uploaded on both YouTube and Facebook. In this video, Wani gave message to Indian forces that freedom fighters “will act against every man in uniform who stands for the Indian Constitution.”2 The generated impact was wide-reaching. The number of people in Kashmir with access to social media has increased significantly from 25 % in 2010 to about 70 % by the end of 2015.3

Successor of Burhan Wani and HuM`s new commander, Zakir Rashid Bhat released a new video message in August 2016. He gave call of protests and asked the Kashmiri youth to boycott the recruitment drive for special police officers. Likewise, in October 2016, he released another video claiming that Sikh militants have also requested to join HuM. His videos and messages were widely circulated among the Kashmiri youth on various social networking websites.4

The ban of the social media was the biggest mistake of the Indian government along with the continuation of indiscriminate suspensions of mobile services. The generation with whom the current Indian government is dealing is unalike the previous ones. They have grown up with social media and banning it resulted into further alienation and resentment. During the last year the hashtags of #BurhanWani #IamWani were the top trends of twitter in India and Pakistan. In addition, there are number of Facebook pages promoting the Kashmir cause and sharing the pictures and videos of the Indian atrocities.

2. Fearless Symbolism

Before Wani, most of the Kashmiris protested with covered faces in public spaces. The active organizers were not commonly known among the people, except when their names were released by security forces after being killed. However, Wani whose most prevailing image was a picture at Kashmir hillside, dressed in combat uniform and bearing a rifle made the image of freedom fighter “fearless.” He used to post his photographs and videos on social media that were widely circulated in Kashmir. It resulted into his charismatic influence on people especially youth. Another addition was the use of graffiti by youth to show their dissent. This graffiti is more than the introduction of new form of art. It’s a protest medium and it’s very strong.5 Popular graffiti slogans are:

i. Long live in Heart “Burhan” ii. Revolution is Loading…… iii. Burhan Still Alive. iv. We want FREEDOM! v. Burhan - Our Hero.

1Riyaz Masroor, “Kashmir revokes ban on text messages,” BBC News, May 21, 2014,

http://www.bbc.com/news/world-asia-india-27499146. 2 “Burhan Wani Shaheed Last Video message for India and Kashmiri people,” Dailymotion, accessed on July 30,

2017, http://www.dailymotion.com/video/x4k0qen. 3 Justin Rowlatt, “How smartphones are shaping Kashmir's insurgency,” BBC News, July 12, 2016,

http://www.bbc.com/news/world-asia-india-36771838. 4 Saqib Mugloo, “Burhan’s successor appears in Burhan-style video,” Kashmir Reader, August 2, 2016,

http://kashmirreader.com/2016/08/02/burhans-successor-appears-in-burhan-style-video/. 5 Majid Maqbool, “The Writing on the Walls in Kashmir,” The Wire, October 8, 2016,

https://thewire.in/71239/kashmir-graffiti/.

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vi. AZADI Go India Go! vii. Free Kashmir. viii. War till Victory.

3. Educated Freedom Fighters

The most worrying characteristic of this new struggle is the participation of large number of educated and wealthy local youth. Previously, Indian government blamed the cross border interference and radicalization of poor and unemployed Kashmiri youth. However, recent uprising is a big negation of these baseless allegations as Wani belonged to a well-educated and wealthy family of Tral. Today number of new freedom fighters and protesters share the same background.6

Figure 1: 2010 – 2017 Educated Youth Joining Movement in Actual Numbers (Toufiq Rashid, “Let’s Talk About Kashmir,” http://www.hindustantimes.com/india-news/let-s-talk-about-kashmir-number-of-locals-taking-up-arms-swells-after-burhan-wani-s-death/story-26xPfrqLgAwlyflh2lCtgP.html)

4. Ideological Radicalism: A Paradigm Shift

Since last year, the situation in Kashmir has changed in various remarkable ways since its dawn in the early 90s. An unpleasant tussle is on-going in the ranks of freedom activists over the ideology of the movement. A new section which is led by an unknown cadre is now supporting the creation of “an Islamic State” or “Khilafat” and the implementation of Sharia through the use of force. However, the other considers Kashmir as an inherently political problem which can be solved through either negotiation or third party mediation. Nonetheless, the new section has nothing to do with the Daish and the Al-Qaeda as Indian government is trying to project. They vowed to fight the advocates of a secular state now, rather than after freedom. This troubled split unfolded in the shape of Zakir Musa, a successor of Burhan as the HuM chief in the Valley. He threatened to chop off the heads of all those who insist that the struggle in Kashmir was political. 7

These on ground aspirations are considered as basic and legitimate by the angry youth of Kashmir. The lingering resolution of conflict by India and Pakistan compelled the people of Kashmir to look at the conflict in terms of huge humanitarian fallout and striving to end the suffering. An ideological discourse which is like poetry for local people is transformed into source of manipulation.”8Traditionally, Kashmir

6 Happymon Jacob, “The Kashmir Uprising and India – Pakistan Relations: A Need for Conflict Resolution, not

Management, Center for Asian Studies, Asie. Visions, no. 90 (2016): 20. 7 Happymon Jacob, “The Kashmir Uprising and India – Pakistan Relations: A Need for Conflict Resolution, not

Management, Center for Asian Studies, Asie. Visions, no. 90 (2016): 19-22. 8 Riyaz Wani, “Kashmir: A year after Burhan Wani,” The Hindu Business Line, accessed on July 26, 2017,

http://www.thehindubusinessline.com/blink/cover/kashmir-a-year-after-burhan-wani/article9752353.ece.

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is a tolerant and peaceful model of Islamic ideology with immense influence of Sufiism. Their notion of “Kashmiri” rests on the popular belief in peaceful coexistence with other religions.

Increased Legitimacy: A Social Transformation

The legitimacy for newly emerging section is growing surprisingly among the local educated liberal class and civil society. The support of Burhan`s father to his mission is an example of this radical change. The society which previously opposed the violent struggle now seems to be justifying the radical ideological change. The extreme mishandling of the Kashmir crisis in the last decade by the Indian forces severely damaged the political space created by the liberal section. Even today, it’s extremely challenging for the Huriyyat leaders to convince the angry, educated and disappointed youth who is fearlessly shouting for the freedom and ready to die for it. 9

Conclusion

The resolution of Kashmir conflict is easier said than done. Since the martyrdom of Burhan Wani, all the three parties Kashmir, Pakistan and India reverted back to their hard-line positions. There are no official talks and back-channel diplomacy. The 70 years of mishandling of dispute and violation of human rights by successive Indian governments had transformed the strategic, social, political and ideological foundations of Kashmir movement. The use of brutal force policy to discourage the protesters and of waiting for them to get tired and frustrated is turning into an expensive move for India. The rebirth of freedom struggle in Kashmir has its own life and momentum. The World Conscience must wake up to respond to the blatant violations of human rights by the Indian forces in occupied Kashmir. It is possible that recent uprising gradually fades away but only to return with greater intensity as the resurgence is not only indigenous but it is led by emerging youth freedom fighters educated in universities and colleges and brimming with awareness, knowledge and imperativeness of their basic human right of self-determination. The US administration, governments in France, UK, Germany, Russia, Turkey, Saudi Arabia, Iran and Pakistan in addition to international organizations such as United Nations, the Commonwealth, the European Union and OIC have perpetual responsibility to respond to a freedom movement of the people of Kashmir across generations.

9 Happymon Jacob, “The Kashmir Uprising and India – Pakistan Relations: A Need for Conflict Resolution, not

Management, Center for Asian Studies, Asie. Visions, no. 90 (2016): 19-22.

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SENATE OF PAKISTAN RESOLUTION NO. 343 FOR ROHINGYA MUSLIMS September 11, 2017

“Shocked at the grave crimes against humanity being systematically committed against the Rohingya Muslims at the behest of the Government of Myanmar, which is aided and abetted in this heinous campaign by groups of religious extremists in that country, the Senate of Pakistan strongly condemns these crimes and killings which tantamount to a genocide against a peaceful community, who are being persecuted on grounds of race and religion. The Rohingya Muslims are being literally pushed into the sea, their houses burnt and demolished, their women being raped, their children, women and men butchered as part of an organized campaign of ethnic cleansing. Moreover, they are being denied their fundamental rights as nationals of a country where they have resided for centuries. The House is of the view that this is an issue of humanity, not merely one religion or ethnic group, and the international community as a whole must take firm and urgent notice of these serious and unprecedented violations of human rights since these are also a violation of the United Nations Charter, the UN Declaration of Human Rights, all international laws and covenants including the Convention of the Elimination of Racial Discrimination (CERD), and the Convention against Torture (CAT). The actions of the Myanmar government are a gross violation of established human rights norms since these violations exhibit a consistent and persistent pattern. International law considers these activities as a violation of fundamental human rights obligations, as the State of Myanmar is not merely failing to protect the Rohingya Muslims but promoting deliberate policies of ethnic cleansing, mass deportation and socio-economic deprivation of this beleaguered community. The Senate of Pakistan urges the Government of Pakistan:-

i) to immediately take up the matter with the United Nations Secretary General and

actively pursue at OIC and other forums;

ii) to coordinate with all other governments in the region and elsewhere for the

protection of the rights of Rohingya Muslims, including directly approaching the

Human Rights Council in Geneva; and

iii) to consider dispatching of relief provisions and financial support to the affectees.”

Moved by Senator

Raja Muhammad Zafarul-Haq,

Leader of the House Unanimously passed by

the Senate of Pakistan on 11th September, 2017

NATIONAL ASSEMBLY OF PAKISTAN RESOLUTION FOR ROHINGYA MUSLIMS

September 20, 2017

The National Assembly of Pakistan,

Reaffirms the Charter of the United Nations including the Principle of Humanitarian Intervention and

International Covenants on Civil and Political Rights as well as Economic, Social and Cultural Rights;

Recalls resolutions of the United Nations General Assembly and the Human Rights Council on situation

of Rohingya Muslins in Myanmar;

Also recalls earlier resolutions of this House on the Human Rights situation of Rohingya Muslims;

Condemns the ongoing violence and grave Human Rights violations of the Rohingya Muslims in

Myanmar which has led to their genocide;

Deplores the systematic and organized destruction of religious and homes of Rohingya Muslims;

Commends the perseverance and courage of Rohingya Muslims in the face of severe adversity;

Conveys deepest sympathies and condolences to the victims of these brutalities and their families;

Reaffirms Pakistan’s unwavering solidarity with the Rohingya Muslims for the realization of their civil,

political, economic, social and cultural rights;

Underscores the need to resolve an address the underlying causes in Rakhine state which has led to the

incidence of violence and discriminations;

Recognizes the importance of building Rohingya Muslims in the mainstream through effective political

and socio-economic measures;

Notes that the United Nations has declared Rohingya Muslims as one of the most persecuted minorities

which have suffered serious Human Rights violations;

Calls upon the international community specially the Human Rights Council to urge the Myanmar

Government to ensure the realization of rights of the Rohingya Muslims, investigates the incidence of Human

Rights violations and hold the perpetrators accountable for such violations;

Urges the international community to provide humanitarian assistance to Rohingya Muslims.

Sd/-

Mr. Zahid Hamid,Minister for Law and Justice

Lt. Gen. (Retd.) Abdul Qadir Baloch, Minister for States and Frontier Regions

Shaikh Aftab Ahmed, Minister for Parliamentary Affairs

Maulana Fazal-ur-Rehman, Dr. Arif Alvi, Shazia Marri, Shiekh Salahuddin, Mr. Iqbal Muhammad Ali Khan, Dr.

Shireen Mehrunnisa Mazari, Mr. Shafqat Mahmood, Ms. Shahida Akhtar Ali, Syed Ali Raza Abidi, Alhaj Shah

Jee Gul Afridi, Mr. Khalil, Ms. Asiya Nasir, Mr. Muhammad Ijaz-ul-Haq, Ms. Naeema Kishwer Khan Members,

National Assembly

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