ISLAMABAD, Oct 12: Observers from the European Union on Saturday described the elections as seriously flawed by official interference in favour of parties like the PML(QA), which supports President Pervez Musharraf.

“Regrettably, in choosing the course of interference, the Pakistan authorities engaged in actions which resulted in serious flaws in the electoral process,” a preliminary finding of the European Union Election Observation Mission said.

Briefing newsmen, John Cushnahan, the head of the observer team, expressed doubts that the powers reserved for the president and the National Security Council raised serious questions whether democracy would be restored in the country. “The restoration of democracy in this country is about the transfer of power from a military to a civilian administration.”

Mr Cushnahan said that the Election Commission of Pakistan had failed to curb the misuse of state resources by the authorities in favour of certain political parties, particularly the PML(QA).

“The failure by the ECP to protect an area clearly within its mandate from interference by state authorities caste serious doubts over its independence. This became apparent when both President Pervez Musharraf and the commissioner of Islamabad imposed serious restrictions on campaign activities which clearly ran contrary to the code of conduct for political parties issued by the ECP,” Mr Cushnahan pointed out.

He emphasized that the holding of elections did not guarantee the establishment of democracy. True democracy must ultimately lead to good governance which the successive and military governments in Pakistan have failed, he said.

The 88-member team noted that any abuse of power, whether for monetary gains or anything else, should be addressed by firm and impartial application of the rule of law, and not by unjustified interference with electoral arrangements and the democratic process. The inappropriate use of actual election symbols on mock ballot papers in the ECP’s public information video, which was broadcast on TV and used during training of polling staff, was of concern as the most prominent symbol showed was that of the PML(QA).

Mr Cushnahan said that the EUEOM was guided by seven criteria in reaching conclusions on the election process. He, however, appreciated many positive developments in the elections, particularly reduction of the voting age from 21 to 18 and setting aside seats for women in the national as well as the provincial assemblies.

About the freedom of political parties, the findings said that the limited time allocated to electioneering and restrictions imposed had seriously hampered the ability of the parties and candidates to campaign. “This is of grave concern to the EUEOM, because freedom of assembly and freedom of speech are essential components of a democratic election contest.”

The ECP’s code of conduct for political parties, issued before the commencement of the campaign, allowed processions which traditionally are one of the most important means of campaigning. However, the report said, the government subsequently banned such processions.

It said that the EUEOM had recorded two main forms of misuse of state resources, i.e. misuse of public infrastructure (building, vehicles, etc.) and pledges about future development projects made within the framework of campaigning activities.

The report said that the EUEOM had solid evidence to believe that public authorities from the local administration (Nazims) up to senior level of governance were actively involved in partisan electioneering.

This appeared to be a pattern throughout the country. “On a number of occasions, state officials and Nazims made public statements in support of certain candidates or against other candidates, and the beneficiaries of this support were from several political parties mostly by the PML(QA) and to a lesser extent the Sindh Democratic Alliance and Grand National Alliance. All these actions contravene the provisions of section 92 of the Representation of the People Act 1976.”

The report said that 9pm Khabarnama on PTV-1 devoted a total of 6 hours and 20 minutes to election-related news during the European Union Election Observation Mission monitoring period (Aug 15-Oct 9). The duration of coverage for the main parties were: PML(QA) 44 minutes, MMA 36 minutes, PPP 29 minutes, GNA 13 minutes, PML(N) 13 minutes, PTI 10 minutes and MQM 8 minutes.

The EUEOM regretted that the ECP did not take more proactive steps against the PTV after it had sought a report from the PTV about the news coverage of political parties on Sept 25, which it later found satisfactory.

The EUEOM media monitors found that most of state TV news coverage of political parties activities was neutral in tone, however the main news broadcasts consistently promoted the government’s views on the election-related activities.

It said that the completeness and accuracy of the voter’s lists were in doubt before the elections.

In a significant number of polling stations some voters were turned away because their names could not be found on the rolls.

LEGAL FRAMEWORK ORDER: About the promulgation of the LFO, the observer team said it seemed to weaken the national and provincial assemblies and could lead to the concentration of power in the hands of a single individual who could dismiss elected governments.

The LFO also institutionalizes the role of the military in the governance through the NSC, which could subordinate civilian governments to military control. Besides, it could overstep the limits set by the judgment of the Supreme Court (May 12, 2000) as it alters the “salient features” of the 1973 Constitution” from a parliamentary one to a presidential one.

The Legal Framework Order also introduces new qualification criteria for the nomination of candidates, some of which were not in accordance with international standards or were clearly targeting specific pro-minent politicians, the report said.

Only two days before the polling day the government amended the LFO to allow independent candidates to join political parties after the elections.

It also introduced provisions for the disqualification of candidates which could have confused the electorate.

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