PAKISTAN'S ELECTORAL CODE OF CONDUCT

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 005178

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/06/2017
TAGS: EAID PGOV PK PREL
SUBJECT: PAKISTAN'S ELECTORAL CODE OF CONDUCT

Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)


1. (C) Summary: The Election Commission of Pakistan has now
issued its Electoral Code of Conduct for the January
elections. With no enforcement mechanisms, it will have
little impact except to generate political party complaints.
On November 27, the Ministry of Interior released further
"unofficial guidance" which severely limits political
processions and rallies in the name of security. Comments by
officials from President Musharraf on down that the MOI rules
will be strictly implemented are being interpreted by
opposition parties as an infringement on their right to
campaign freely, but the parties will be the first to blame
the government for another bomb at a political rally. End
Summary.

ECP Code of Conduct
--------------


2. (U) On November 20, the Election Commission of Pakistan
(ECP),released the Code of Conduct for Political Parties and
Contesting Candidates for the forthcoming January 8 general
elections. A draft version of these outlined regulations was
originally distributed through electronic and print media in
October and given to the political parties for comment by
November 6. The ruling Pakistan Muslim League submitted its
thoughts on the draft, and a few opposition parties reported
that they had planned to do likewise. However, when
President Musharraf declared a state of emergency on November
3, several of these parties suspended their efforts to
comment and, subsequently, boycotted the Code of Conduct
coordination meeting and the Code's announcement.


3. (U) The Code prohibits criticism of the ideology and
security of Pakistan and ridicule of the judiciary or the
armed forces. It calls on candidates to avoid corrupt
practices, including bribing or intimidation of voters. It
bans deliberate dissemination of false and malicious
information, speeches that promote sectarian and other
violence, and interference with voter participation based on
gender, ethnicity, caste or religion. It prohibits:
ministers from combining official visits and campaign
activities; candidates from procuring the support or
assistance of civil servants; and, the use of government
funds to buy political advertising. Upon protests from
several parties, the ECP dropped proposed restrictions on
spending by candidates.


4. (U) The Code requires parties to coordinate rallies 24
hours in advance with the police and establishes procedures
to ensure rallies do not block traffic. Except for voters,
candidates and duly authorized election agents, no one
without a valid pass issued by the ECP will have access to
the polling booths. The ECP does promise free access for
foreign/domestic observers, who will be issued official
passes. The Code, however, has no apparent enforcement
mechanisms.

MOI Supplement
--------------


5. (U) On November 27, the Ministry of Interior announced
its own "unofficial guidance" on political rallies and
processions. Concerned over a repeat of the October 18
Karachi bombing when over 140 Pakistan People's Party
supporters were killed at a rally to welcome Benazir Bhutto,
MOI issued a statement saying it will provide security for
all of the political leaders, including Benazir Bhutto and
Nawaz Sharif, during campaigning. At his weekly press
briefing, however, MOI Brigadier Cheema said the GOP was
trying to strike a balance between protecting candidates and
allowing necessary political activities and election
preparations to go forward. The MOI's rules include:

- Processions/rallies may be banned.
- Organizers must get no-objection certificates (NOC) from
their respective provincial governments to ensure proper
security preparations.
- Overall responsibility for security rests with
administrations and local law enforcement agencies (LEAs),
not with the private security of the political parties.
- District administrations and LEAs must use electronic
equipment for screening and frequency jammers for any
authorized gatherings.

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- Political parties and government officials should engage
before events to develop an "action agreement" on how the
parties will behave.
- Political leaders should not expose themselves
unnecessarily for long periods of time and all movement of
political leadership should be well-coordinated, ensuring
"foolproof" security.
- Any violation of the code of conduct would be at the
political parties' own risk


6. (C) Comment: For months, opposition political parties had
been calling upon the ECP to formulate a Code of Conduct that
was negotiated by all stakeholders. The ECP's last-minute
and typically minimal attempt at coordination was undermined
by the announcement of a state of emergency. The MOI's rules
could easily be abused to limit oppositon activities, but the
government is having to walk a fine line between protecting
candidates from very real threats and enabling some semblance
of normal campaigning. Comments by officials from President
Musharraf on down that the MOI rules will be strictly
implemented are being interpreted by opposition parties as an
infringement on their right to campaign freely, but the
parties will be the first to blame the government for another
bomb at a political rally.

PATTERSON