The citizens of Pakistan working abroad, residents or otherwise living abroad are contributing to the development of Pakistan by their hard-earned assets and are involved in strengthening the economy of Pakistan by remitting foreign exchange back home. In 2014, overseas Pakistanis added $17 billion to the country’s foreign exchange coffers through home remittances, which is nearly six per cent of Pakistan’s GDP, a significant contribution to its economy. In the last 10 years, overseas Pakistanis have pumped over $150 billion into Pakistan, which is more than all the money given by the World Bank, IMF, Asian Development Bank and the US put together. The overseas Pakistanis are not only sending a huge foreign exchange back home but also have a keen interest in the events unfolding in Pakistan particularly the elections but, unfortunately, they have been deprived of their fundamental right of franchise.
That in more than 159 countries, there are more than 8 million Pakistanis who contribute greatly to the development of Pakistan and more than 5 million eligible voters who are patriot not less than the people living in the homeland Pakistan. They want to see Pakistan as a progressive and democratic state where human rights are respected and freedom of expression is ensured. Their votes can make a huge difference as majority of them are politically more aware due to the atmosphere they had experienced abroad. Majority of such votes would be valuable as they wouldn't be based on blind affiliation to a political party or use of direct and indirect pressure but purely on the basis of past performance, political ideology, political stand and manifesto. They have right to become part of political mainstream of Pakistan being the people/ citizens of Pakistan. The Constitution of Pakistan recognizes that the will of people shall be exercised through their chosen representatives. This right of the citizens stands guaranteed in the Constitution of Pakistan, 1973 whereby every citizen has inalienable fundamental right to participate in the electoral process. The possibility of positive change in Pakistan is really enormous which needs to be facilitated in a positive direction through collective efforts of the nation as a whole.
Many developed/ undeveloped countries in the world like Russia, Italy, Indonesia, Australia, USA, United Kingdom, Afghanistan, Iraq etc do recognize the right of vote to their citizens residing abroad. Unfortunately, Overseas Pakistanis have been deprived of exercising their right of franchise mainly on account of inaction and non performance of the duties cast of the state organs and functionaries directly responsible for making provisions for affording the right of franchise to the citizens of Pakistan residing abroad. The world has recognized the right of franchise even to the prisoners but the respondents are denying giving such right to the important community playing major role in the financial stability of the country. Despite the fact that clear directions were issued by Supreme Court to provide the facility before the General Elections, 2013, but local bodies elections in KPK, Cantonment and in Baluchistan has been held but still the Election Commission is delaying the matter with one pretext to another (an Ordinance No. IV of 2013 “The Electoral Laws (Amendment) Ordinance, 2013” was also promulgated by the President of Pakistan extending voting facility to overseas Pakistanis which has been elapsed). It is a cause of great concern for Overseas Pakistanis that they have no say in the legislative process of Pakistan even if they make a pillar of the economy of Pakistan by sending billion of dollars annually. The electoral process is very important for Overseas Pakistanis as well and it has a great impact on the development of their country of origin. A parliament or a local body cannot be called a true representative of all the citizens of Pakistan. Unfortunately, Respondents didn’t do enough for granting the right of franchise for expatriates. It seems that only a lip service is paid to a very reasonable and genuine concern of Overseas Pakistanis.
In 2011, Mr. Imran Khan (Chairman Pti), Dr. Arif Alvi, Ruxana Bhatti and me filed a Constitutional Petition which was decided in favor of the petitioners with the observations that let the Election Commission of Pakistan make all possible efforts to achieve the object, as has been noted hereinabove so the expatriates may also participate in the forthcoming General Elections in exercise of their fundamental rights conferred under Article 17(2) of the Constitution of the Islamic Republic of Pakistan, 1973. The judgment was reported as PLD 2014 SC 72. The said judgment was never implemented. In 2015, we again filed a petition before Islamabad High Court for implementation of the said judgment which was disposed off accordingly.
The information collected reveals the following developments from time to time prior to the issuance of the Judgment by August Supreme Court:-
i. Honorable Supreme Court, in 1993, has been pleased to consider the suggestion for grant of right of vote to overseas Pakistanis reasonable and found it proper to that an exercise to be taken in the first instance by the authorities constitutionally entrusted with the task. Unfortunately, the authorities neither complied with the orders of this Honorable Court nor responded to the call of their constitutional duty otherwise.
ii. It was as late in October, 1997 that a cabinet committee was constituted by the then Prime Minister, for examining the issue of grant of such right. The said committee made recommendations in 1998 whereas the Ministry of Foreign Affairs viewed that it is a difficult proposition. In May, 1999, the Parliamentary Affairs Division on the advice of Cabinet Division moved a summary to the Cabinet. The said summary was placed on the agenda of the cabinet thrice but could not be considered.
iii. That in the meantime, the issue of right of franchise and the casting of votes by expatriates surfaced in the year 2002. The Overseas Pakistanis were granted the right to vote only in the year 2002 in a controversial referendum when the then President was seeking to legitimize his assumption of office of President of Pakistan. The voting process was taken place at Pakistani Embassies and Consulates in many countries and Election Commission made arrangement for the purposes.
iv. In 2007, the matter was taken up by Election Commission. The Commission recommended proxy system for voting but the issue remained unsettled due to change in Government.
v. In 2009, a special committee on right of vote to overseas Pakistanis was constituted by Election Commission to identify and deliberate all critical issues and problems. The said committee was also asked to look into the matter. The committee sought detail of expatriates showing the number of Pakistanis living in 159 countries and their complete particulars including addresses and telephone numbers, if any.
vi. In the meantime, on 06.03.2009, the Election Commission initiated a summary for Prime Minister of Pakistan through Ministry of Law and Justice which was returned by the Ministry with comments that:-
a. It requires amendment in the Electoral Rolls Act, 1974 which is the administrative concern of the Election Commission of Pakistan and the Ministry of Parliamentary Affairs.
b. In 1974, the matter was examined and it was not considered worthwhile as it could create problems and entail unnecessary expenditures.
vii. Thereafter, the matter was again placed dormant and no action was taken. As reported in the press on 17.10.2011, the Secretary Election Commission is quoted to have said that they have finalized “new recommendations which also include allowing right of vote to those belongs to Pakistan but don’t have a Pakistan nationality any more”. Reportedly, Respondent No.1 forwarded those recommendations to the Government but the Government didn’t shown interest.
Article 218(3) implied that the Election Commission was responsible not only for conducting the election itself, but also for making all necessary arrangements for the said purpose, prior to the Election Day---Constitution conferred such responsibility on the Election Commission and ensured that all activities both prior, on and subsequent to Election Day, that were carried out in anticipation thereof, adhered to standards of justness and fairness, were honest, in accordance with law and were free from corrupt and/or illegal practices. Election Commission may also exercise its powers in anticipation of an ill that might have the effect of rendering the election unfair. Where a violation of the standards mentioned in Art. 218(3) of the Constitution had not as yet taken place; the Election Commission was legally empowered under Art. 218(3) to exercise its powers pre-emptively in order to avoid a violation of these standards. Election Commission enjoyed broad powers not only to take pre-emptive action but also to pass any and all orders necessary to ensure that the standards of 'honesty, justness and fairness' mentioned in Art.218 (3) were met, therefore, therefore no legal bar to implement the judgment of honorable Supreme Court but, unfortunately, the Election Commission failed to comply with the judgment (Workers Party Pakistan v. Federation of Pakistan PLD 2012 SC 681 ref.) and under Article 220 all executive authorities in the Federation and in the provinces are duty bound to assist the Commissioner and the Election Commission in the discharge of his or their functions, therefore, burden lies on the shoulders of the Election Commission to provide them right before the upcoming local bodies elections.
The author is a lawyer based in Islamabad and may be contacted at farrukhdall@hotmail.com
by webmaster@insaf.pk (tkiadmin)
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