LAHORE, July 6: The PPP of Ms Benazir Bhutto and the PML-N of Mian Nawaz Sharif are drafting a charter of democracy, which proposes to bring about a number of changes in the existing system to enhance the powers of the prime minister, to redefine procedures for defence allocations, bring the intelligence agencies under control of the cabinet, set up a constitutional court to resolve constitutional matters and give pension rights to parliamentarians who have served three full terms.
A committee comprising representatives of the two parties exchanged views on a number of subjects and developed a consensus on many vital issues. Talks on many more subjects are in progress. The PPP committee comprises Senators Raza Rabbani and Dr Safdar Abbasi while the PML-N representatives are Ahsan Iqbal and Senator Ishaq Dar.
The two sides exchanged their proposals to revamp the existing system, which many say has been deprived of its parliamentary character because of a number of changes made to it on various occasions.
The changes on which the two parties have identical views will be brought about when either of the parties comes to power. The PPP put up a total of 30 proposals while the PML-N came up with 43. There are many common points between the two sides.
The PPP’s proposals are as follows:
1. The Legal Framework Order, 2000 and the 17th Amendment be withdrawn and the 1973 Constitution restored as it was on October 12, 1999 before the military coup. Joint electorates and minorities can be retained and women given a 33 per cent reservation in parliament on a closed party list; the lowering of the voting age, and the increase in seats in parliament to be retained.
2. The appointment of the three services chiefs and the CJCSC must be made by the chief executive, who is the prime minister, as per the 1973 Constitution.
3. The ISI and other security agencies must be made accountable to the prime minister and the cabinet, and stopped from interfering in the political process.
4. The defence budget to be approved by the cabinet and discussed by the defence committee of parliament.
5. Military land allotments and cantonment jurisdictions to come under the cabinet through the ministry of defence.
6. In the presence of a defence committee of parliament, the National Security Council must be abolished. 7. The Election Commission must be re-constituted to incorporate independent officials, preferably notables from the Human Rights Commission of Pakistan.
8. The ban on a prime minister contesting elections for more than two terms be removed.
9. A level playing field must be ensured to all contesting elections by releasing all political prisoners, allowing unconditional return of political exiles, and by the dissolution of politically motivated accountability cases against candidates.
10. The judiciary must be given its due independence; reforms as proposed by the International Crisis Group be implemented. 11. A constitutional court on the French model be set up to resolve constitutional issues. The supreme and high courts to hear regular civil and criminal cases.
12. Local body election be held on a party basis and constitutional protection given to the local bodies, making them autonomous and answerable to the assemblies as well as to the people through regular courts of law.
13. A truth and reconciliation commission be established to acknowledge victims of torture, imprisonment and state-sponsored persecution from 1976 to 2005.
14. The press and the electronic media be allowed independence. Access to information to become law after parliamentary debate and public scrutiny, not through a military ordinance.
15. All former primer ministers be accorded due privileges to match those accorded to all former presidents. All parliamentarians who have served three full terms be given a pension and housing facility in line with military retirees’ benefits.
16. A police reform act to form a public safety commission which appoints its members through the cabinet.
17. Accountability process to include members of the army and the judiciary. All military and judicial officers to also file their annual asset and income declarations to make them accountable to the public.
18. The Concurrent List to be abolished and provinces accorded a new resource-sharing and finance award formula according to revenue generated and level of development, not on the basis of population.
19. The public accounts committee in parliament to be chaired by the opposition to provide for better transparency and good governance. The PAC chair to be appointed by the leader of opposition.
20. A clear nuclear command and control system to be established.
21. Controls on nuclear production to be tightened and monitored to prevent leaks like the ones from the Kahuta Research Laboratories.
22. A nuclear restraint regime to be initiated with India.
23. The non-attach agreement on nuclear facilities signed by PMs Benazir Bhutto and Rajiv Gandhi in 1989 be enforced strictly.
24. A bilateral commitment with India be initiated to renounce use of force as a means of settling outstanding disputes.
25. The Line of Control must to become a ‘line of concord, through increased travel and trade between Kashmiris on both sides. The ceasefire to hold.
26. A recognition that any just settlement of outstanding issues such as Kashmir will not be durable if the process does not include Kashmiris from both sides of the Line of Control and without prejudice to their longstanding concerns.
27. A South Asian
common market be established on the lines of the European Union.
28. Territorial and coastal border check-posts between Afghanistan, Iran and Pakistan be enhanced and reinforced to curb movement of non-state actors through porous borders and other exit and entry points in and from Pakistan.
29. Gun-control and arms manufacturing laws be introduced and strictly enforced to curb unlicensed sale and production of small arms and combat weapons in Pakistan. Cottage-industry production of arms be brought into the formal sector to increase control. Similar curbs be enforced for narcotics trafficking, processing and sale.
30. Peaceful relations with western neighbours Afghanistan and Iran be promoted; the process of democratization and reconstruction in Afghanistan be supported and enhanced without undue interference from Islamabad.
The PML-N’s proposals and pledges are:
1. The legal Framework Order, 2000 and the 17th Amendment be withdrawn and the 1973 Constitution restored as it was on October 1999 before the military coup. Joint electorates and minorities can be retained and women given adequate reservation in parliament on a closed party list; the lowering of the voting age, and the increase in seats in parliament to be retained.
2. The appointment of governors, three services chiefs and the CJCSC be made by the chief executive, who is the prime minister, as per the 1973 Constitution.
3. The inter-Services Intelligence, the Military Intelligence and other security agencies be made accountable to the elected government through respective ministries. Their budgets be approved by the defence committee of the cabinet and the respective ministry. The political wings of all intelligence agencies be disbanded. All senior postings in these agencies be made with the approval of the government through the respective ministry.
4. The defence budget be placed before parliament for debate and approval.
5. Military land allotment and cantonment jurisdictions to come under the purview of the Ministry of Defence. A commission be set up to review, scrutinize and examine the legitimacy of all such land allotment rules, regulations and policies, along with all cases of state land allotment, including those of military urban and agricultural land allotments since October, 1999, to hold those accountable who have indulged in malpractice, profiteering and favouritism.
6. National Security Council to be abolished. The defence cabinet committee to be headed by the defence minister and to have a permanent secretariat.
7. The Election Commission to be re-constituted to incorporate independent officials, including notables from civil society. Chairman of the Election Commission be appointed in consultation with the opposition and be an independent person, meeting qualifications of a supreme court judge or a retired apex court judge without the stigma of having taken oath under the PCO. Monitoring of elections by media and civil society be facilitated and made effective.
8. The ban on a PM for the term of office be abolished.
9. A level playing field be ensured to all contesting elections by releasing all political prisoners and allowing unconditional return of political exiles.
10. To make the judiciary effective, all appointments in higher judiciary be made strictly on merit in a transparent manner without any involvement of the government. Such appointees be confirmed by a two-thirds majority in the National Assembly on the recommendation of a joint parliamentary committee for appointment of judges through a public hearing. Parliament be authorized to initiate proceedings of impeachment against any judge who violates constitutional duties, with a two-thirds majority.
11. A constitutional court be established to resolve all constitutional matters comprising five senior-most judges of the supreme court, including the chief justice and four chief justices of the high courts.
12. The local body election be held on a party basis and constitutional protection given to the local bodies to make them autonomous and answerable to their respective assemblies as well as to the people through regular courts of law. 13. A “Truth and Reconciliation Commission” be established to acknowledge victims of torture, imprisonment and state-sponsored persecution from 1976 to 2005. The T&RC also to examine and report its findings on important national matters requiring investigation such as military take-overs and the Kargil crisis.
14. The press and the electronic media be allowed independence. Access to information to become law after parliamentary debate and public scrutiny.
15. All democratically elected former primer ministers (excluding caretaker PMs and presidents) be accorded due privileges to match those accorded to all former presidents.
16. Comprehensive police reforms be carried out to improve law and order situation and security of life and property of the common man.
17. All military and judicial officers be required to file annual asset and income declarations to make them accountable to the public.
18. The Concurrent List be reviewed for the purpose of transferring the listed functions to provinces. A new resource-sharing and finance award formula be introduced based on revenue generated, level of development and population.
19. The Public Accounts Committee of the National Assembly be chaired by the opposition to provide for better transparency and good governance. The PAC chair be appointed by the leader of the opposition in consultation with the leader of the house
20. The nuclear command and control system be strengthened.
21. Policy to control any leakage or proliferation of nuclear production be strictly pursued.
22. A nuclear restraint regime be initiated with India.
23. The non-attack agreement on nuclear facilities signed by PMs Benazir Bhutto and Rajiv Gandhi in 1989 and the Lahore Declaration signed between PMs Nawaz Sharif and Atal Behari Vajpayee in 1999 to settle all disputes peacefully through dialogue, be pursued vigorously.
24. A recognition that any just settlement of outstanding issues such as Kashmir will not be durable if the process does not include Kashmiris from both sides of the Line of Control and without prejudice to their longstanding concerns.
25. Saarc be made more effective to improve the security and economic environment of South Asia.
26. Territorial and coastal border check-posts between Afghanistan, Iran and Pakistan be enhanced and reinforced to curb movement of non-state actors through porous borders and other exit and entry points in and out of Pakistan.
27. Gun-control and arms manufacturing laws be introduced and strictly enforced to curb unlicensed sale and production of small arms and combat weapons in Pakistan. Cottage-industry production of arms must be brought into the formal sector to increase control. Similar curbs be enforced for narcotics trafficking, processing and sale.
28. Peaceful relations with western neighbours Afghanistan and Iran be promoted; the process of democratization and reconstruction in Afghanistan be supported and enhanced without undue interference from Islamabad.
29. All international treaties be ratified by parliament
30. All government and military officers be promoted and posted strictly on merit and guaranteed security of service under the law.
31. Economic reforms introduced by the PPP and the PML-N governments, which have been continued by later governments, be vigorously pursued in order to bring about quality improvement in the life of common man.
32. Improved governance be provided in order to meet the needs and aspirations of the common man, by ensuring that the poor and the lower middle classes have adequate access to quality social services like education and health, their due share in credit and other resources. 33. Equal opportunities in all walks of life be offered to all, particularly women, minorities and the under-privileged.
34. No party to negotiate with the military on political matters; if required, talks to take place from the platform of the ARD.
35. No party to solicit support of the military, either to come to power or to dislodge a democratic government.
36. We will respect the mandate of an elected government and accept the role of the opposition and not undermine each other, using extra-constitutional means.
37. We will not join a military government nor a military-sponsored government.
38. A national democracy commission to be established for the promotion of democratic culture in the country. It will provide funding to political parties for training and capacity building purposes on the basis of their seats in parliament.
39. The ill-reputed, politically motivated and image-tarnished NAB to be replaced by an independent accountability bureau, to be set up under a retired judge of the supreme court or a person qualified to be a judge of the apex court, to be appointed in consultation with the opposition. The bureau to pursue across the board accountability, including that of the judiciary and the military, and withdraw all politically motivated accountability cases.
40. We will not accommodate each other’s turncoats, who either joined the military government or became its instruments to undermine the democratic process.
41. Any compliance of unconstitutional and illegal military command or order shall be considered a crime punishable like the disobedience of a lawful command. Military law and rules to be amended accordingly.
42. Efficacy of the higher defence and security organization, created two decades ago, to be reviewed. The joint services command structure to be made more effective.
43. Judges who refused to take oath under the PCO to be restored with full benefits of service and emoluments in recognition of their principled and lawful stand.





























