Reports from HRCP’s election observers, who carried out spot-checks across 51 constituencies, indicate that the countrywide internet and cellular services shutdown on polling day and arbitrary changes in polling information compromised voters’ access to polling stations. This was particularly true for women with restricted mobility, persons living with disabilities, the elderly, and low-income voters. Of particular concern is the protracted delay in announcement of election results by the returning officers.

Broadly, the polling process itself remained transparent and peaceful. Polling staff were generally well-prepared and well-equipped. In almost all cases, polling agents and candidates were shown the empty ballot boxes prior to polling and the presiding officer was observed stamping and signing the back of each ballot paper before giving it to the voter. The ballot box was in everyone’s sight at all times and voters were allowed to stamp their ballot papers in secret.

However, the post-polling process was clearly unsatisfactory. In a fifth of all polling stations observed by HRCP, the presiding officer did not affix the statement of the count in a conspicuous place for public display or was not seen transmitting a photograph of the result to the returning officer and ECP. It was alleged in many instances that the returning officer’s announcement did not tally with the presiding officer’s count. Worryingly, reports of candidates, polling agents and observers being denied permission to witness the provisional consolidation of results, also surfaced.

HRCP recommends an independent audit of the 2024 elections under the supervision of a parliamentary body. Security and intelligence agencies should play no role in managing the electoral process or its outcomes. Parliament must also debate the utility of the caretaker government scheme. Seamless cellular and internet services must be available on polling day, including after polling has stopped.

The ECP must publish all Forms 45, 46, 48 and 49 in accordance with the Elections Act 2017. On receiving petitions from aggrieved political parties or candidates, the ECP should order ballot recounts in close contests and especially in cases where the number of rejected ballots exceeds the margin of victory.

The integrity of the 2024 elections was compromised, not only by lack of competence on the part of the ECP but also by constant pressure from extra-democratic quarters and questionable decisions by the caretaker government, all of which HRCP has documented in the year preceding the polls. It is now critical for all parties to collectively uphold and protect civilian supremacy through consistent, meaningful and inclusive political dialogue. Indeed, the biggest casualty of these elections has not been any one individual or political party per se, but democratic values, the rule of law and the aspirations of ordinary people.

Asad Iqbal Butt
Chairperson

Access the complete report here.

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HRCP insists that the Election Commission of Pakistan (ECP) announce an election schedule promptly such that polls are held as close as possible to the stipulated 90-day period. The delimitation of constituencies must also be completed quickly and efficiently and under no circumstances used as an excuse to delay the elections any further. Moreover, HRCP is concerned by the scope for manipulating the electoral process by institutions such as NADRA and urges the ECP to guard against this possibility.

HRCP is greatly alarmed by the increasingly polarised environment, in which religious and sectarian divisions are being exacerbated reportedly to carve out artificial political space for far right parties such as the TLP. The divisive and violent tactics used by such parties to build their political identities—particularly at the expense of religious minorities and sects—is eating into organic political and civic spaces. The continuing terrorist violence in Khyber Pakhtunkhwa has also made political parties more apprehensive about campaigning in the province—a pattern we have witnessed before and must not go through again.

Apart from ensuring that free, fair and credible elections take place, the test of the current caretaker government is to see not only whether it will protect and respect people’s right to protest peacefully, but also whether it will respond to the issues that ordinary citizens are mobilising around.

Hina Jilani
Chairperson

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Soon after polling began on 8 February, people realized that an internet and cellular services shutdown had occurred across the country; it remained in place until the following morning. This affected not only the polling process, but also how it was reported by the media. With last-minute changes in voters’ polling stations in many cases, people found it difficult to obtain the necessary information from the Election Commission of Pakistan (ECP)’s helpline. Some chose not to vote. The polling staff’s work was hampered, especially when trying to upload poll results. Observers found it difficult to share their reports in time.

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It would not be incorrect to say that unelected forces in Pakistan consider the electoral sys- tem as a mere tool to fulfill the claims of procedural democracy, which effectively does little to change the balance of power in favour of elected people.

The Human Rights Commission of Pakistan (HRCP) has remained committed to the ideals of constitutionalism, democratic governance and the rule of law for decades. Electoral reforms to bring about free and fair elections are hence crucial in fulfilling these ideals. While ac- knowledging that elections everywhere are in need of constant reform, HRCP feels it impera- tive to address serious gaps in Pakistan’s electoral system, not only with regards to the obvious credibility crisis but also pertaining to how the principle of equal citizenship is com- promised in so many ways. It begins with the disenfranchisement of marginalised groups through the non-issuance of national identity cards, leading to an even wider gender gap for women and transgender persons, and continuing with the effective non-representation of minorities in all the electoral schemes devised for them so far. The whole system is further rigged in favour of the elite who, when elected, seem interested in amassing more wealth than in addressing the problems of their constituents.

Certain legalities related to the caretaker governments, independent candidates joining po- litical parties soon after being elected in their independent capacity, discriminatory constitu- tional clauses like Articles 62 and 63, and other provisions have also seriously affected the fairness of elections.

Add to these certain technological developments, such as internet voting for overseas Pak- istanis and the use of electronic voting machines, that have served more as controversies for political gains than subjects of serious research made available to the general public.

Like everywhere else, electoral reforms in Pakistan are a work in progress. At this crucial juncture in our political history, HRCP would like to initiate a dialogue on reforms through a comprehensive discussion paper, which is by no means the final word on the matter but an invitation to chart a path forward. We have been fortunate to be assisted in this task by one of the most credible researchers on the subject, senior political analyst Tahir Mehdi. It is our hope that this paper is carefully considered by all stakeholders in the spirit that it has been prepared, and leads to decisions to achieve free and fair elections that upholds the ideal of equal citizenship as enshrined in the Constitution.

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HRCP believes that the most serious victims of political engineering in the run-up to the general elections have been democracy, electoral politics and the rule of law. Additionally, the establishment’s incursions into civic and political spaces have damaged the prospect of free, fair and credible elections. Concerns over contentious delimitations must also be taken into account by the ECP.

HRCP condemns the continuing curbs on freedom of expression: not only have journalists been summarily removed for expressing dissenting opinions, but many have also been prevented from reporting on recent events in areas such as Parachinar and Chaman. HRCP is well aware of the pressures on the media and is determined to hold the state accountable for such restrictions as the elections approach.

HRCP demands that the discredited chair of the Commission of Inquiry on Enforced Disappearances be removed, and the commission be held to account for its poor track record. In cases where victims’ families have filed petitions, HRCP urges the courts to identify the perpetrators and hold them accountable, and to ensure that victims and their families are given reparations. The continued use of internment centres is also cause for alarm and HRCP urges the Supreme Court to hear the petition filed on this matter urgently.

The state of law and order, especially in the kachha areas of Sindh and Punjab, needs immediate attention, amid reports that vulnerable Hindu families are being compelled to migrate as a result. The provincial governments must heed residents’ credible suspicion that influential persons are involved in drawing financial or political benefits from the deteriorating security situation. HRCP is also extremely concerned by the rise in number of police encounters and reminds the state that extrajudicial killings, torture and enforced disappearances are crimes against humanity and cannot be justified under any circumstances.

HRCP demands that the Newly Merged Districts in Khyber Pakhtunkhwa be mainstreamed without further delay and local bodies empowered. It also expresses concern over the revival of the FATA Tribunal. The government must also monitor the situation in Parachinar and protect people’s right to security by preventing further sectarian violence.

The rising number of suicides, especially in Sindh, South Punjab and Gilgit, are cause for concern, given that many cases are connected to rising poverty. Economic deprivations have also had social consequences, reportedly driving many people to send their children to seminaries rather than schools, where radicalisation can be expected, to the detriment of society. This situation has been compounded by shrinking civic spaces, including curbs on academic freedom, including the persecution of a professor in Bannu, and curbs on freedom of peaceful assembly in Cholistan.

HRCP is especially alarmed by rights violations against vulnerable groups, including the relentless persecution of the Ahmadiyya, Christian and Hindu communities; and violence against children and women, including honour killings. Child domestic workers, who remain highly vulnerable to abuse and sexual violence, need special protection. The recent ban in Kohistan on women from working at NGOs must also be strongly condemned. HRCP opposes the ongoing drive to deport Afghan nationals, including those with legitimate documents. The government must also protect people’s right to fair wages and safe working conditions, particularly for fisherfolk, miners and sanitation workers.

HRCP is alarmed by the continued allotment of collectively owned land in Gilgit-Baltistan to private individuals and the impact of environmental degradation on people’s right to health and livelihood in this area.

Hina Jilani
Chairperson

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Although the amendments are more tempered than those proposed in earlier drafts, HRCP’s fear that the Act will erode judicial independence has not been allayed. First, the manner in which constitutional benches are to be established, as well as their composition, raise serious concerns that, in practice, the credibility of these benches may be compromised by direct political influence.

Second, the composition of the special parliamentary committee that will nominate the chief justice of Pakistan (comprising members of the Senate and National Assembly according to their parties’ proportional representation) gives the government of the day a dangerous advantage, potentially subjugating the judiciary in contravention of Pakistan’s obligations under Article 14 of the ICCPR.

HRCP does not object to the amendment to Article 184(3) under which constitutional benches cannot exercise suo moto jurisdiction. HRCP also acknowledges that Article 9A, which makes the right to a clean, healthy and sustainable environment a fundamental right, is a significant and long-overdue amendment, which the government must implement urgently.

Of deep concern to HRCP are the political opposition’s allegations of coercion with respect to supporting the passage of this Act. These are extremely serious and must weigh on the conscience of those who proposed the Act. Such allegations must not be dismissed out of hand. HRCP reiterates that the absence of careful and sustained public debate on a single, official version of the bill—which any constitutional amendment warrants—also raises questions as to the legitimacy of its intent.

Asad Iqbal Butt
Chairperson

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Where the state should be focusing on efforts to uphold the rule of law, reduce violence against women, children and transgender persons, protect the rights of workers and peasants, and fulfil people’s right to health and education, it has instead prioritized its own authority at the expense of democratic norms and people’s fundamental rights. HRCP calls on all political parties to reach a consensus on civilian autonomy and guarding federalism.

The government must focus on strengthening trade unions and seriously consider instituting a living wage, especially for vulnerable workers. HRCP also believes that the provision of healthcare and education is the duty of the state. Student unions must be restored and special attention paid to the plight of incarcerated fisherfolk, stateless persons and rising suicides triggered by poverty, particularly in Thar. The contentious provincial labour codes must be revisited in consultation with trade unions.

HRCP believes that the climate emergency is now an existential crisis for the country. The most pressing issues are the lethal levels of air pollution in Punjab, posing serious risks to health, and the immediate threat of water scarcity, especially in lower riparian Sindh, where the construction of canals on the Indus under the Green Pakistan Initiative has raised objections from small farmers and peasants.

We strongly oppose the Gilgit-Baltistan Land Reforms Bill 2024, which seeks to centralize control over private, communal and ancestral land in the guise of ‘reforms’ for development. This appropriation of land by powerful vested interests will further marginalize people and stoke unrest. The state must give Gilgit-Baltistan its due constitutional rights as demanded by its residents.

HRCP deplores the increasing use of short-term enforced disappearances, including against the political opposition, and calls once again for the head of the Commission of Inquiry on Enforced Disappearances to be removed for sheer incompetence.

The conduct of the state has been marked by violence with impunity and a tendency to succumb to far-right ideologies. This was evident from the extrajudicial killings of two people accused of blasphemy in Umerkot and Quetta, from continued attacks on Ahmadiyya graveyards and sites of worship with police complicity at the instigation of the TLP, and hundreds of mostly young people accused of online blasphemy languishing in Punjab jails amid allegations of the FIA’s involvement in their torture. The alarmingly high number of extrajudicial killings, especially in Sindh, must be investigated and perpetrators held to account.

HRCP notes with concern the fact that its chairperson was detained for questioning by the police and four FIRs filed against its members in connection with their human rights work.

The sharp rise in militancy in Balochistan and Khyber Pakhtunkhwa, including increasingly regular attacks on construction workers, miners and polio workers, is rapidly moving towards a point of no return. HRCP calls on Baloch and Baloch-Pashtun leaders to sit together and devise an independent solution to the crisis in the province. Pashtun leaders in Kurram must do the same to resolve the months-long conflict in the district.

HRCP wishes to draw special attention to the detention of human rights defender Idris Khattak, who has now spent five years in custody following a military trial on fabricated charges. He must be released immediately and unconditionally.

Asad Iqbal Butt
Chairperson

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The Human Rights Commission of Pakistan (HRCP) has long recognised that effective, representative and well-resourced local governments are an important measure of the health of a democracy. Drawing on existing
constitutional provisions and international best practices, this policy paper attempts to provide a context for HRCP’s advocacy as well as proposing amendments to Article 140-A of the Constitution, which provides briefly
for local governments as a responsibility of the provinces, but goes no further in terms of what local governments are responsible for and how their scope of responsibilities should be safeguarded—a criticism levied by many political experts.

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