Democracy Reporting International

In April 2010 Pakistan Parliament adopted the 18th Amendment of the constitution, which restored parliamentary democracy. This Briefing Paper provides information on the background of the 18th amendment, its impact on election reform, identification of further reforms to be undertaken in primary legislation and conclusions.

Summary

In April 2010 the two Houses of Parliament adopted the 18th Amendment of the constitution, which restored parliamentary democracy. The amendment was passed by unanimity, a result of ten months of deliberation and search for consensus by all parties in the Parliamentary Committee for Constitutional Reform. Although some stakeholders would have wished more public consultations, overall this was a remarkable achievement in a country with a long history of deeply divisive party politics.

Many electoral reform issues have been addressed in the 18th Amendment. Further reform is now needed to roll-out the changes from the 18th Amendment into primary legislation. Additional changes to election legislation are needed to ensure compliance with Pakistan’s international obligations, in particular the recently ratified International Covenant on Civil and Political Rights (ICCPR).

Some crucial issues to be addressed in the reform of primary legislation include: candidacy requirements, transparency (particularly as regards election results), the neutrality of care-taker governments, election tribunals (including their timing and appointment mechanism), the electoral roll and electoral offences.

Further cross-party work on election reform is therefore needed to bolster the democratic gains made by the 18th Amendment. Political parties have consistently expressed commitment to such reforms. Now it is the time for a comprehensive modernisation of the electoral framework, to make sure that future elections will pass smoothly and that results are credible and therefore accepted without violent contestation. This will contribute to the legitimacy and stability of the elected institutions.

This parliamentary year is crucial for electoral reform, because the election administration will need time to implement legal changes well before the election date.

This Briefing Paper provides information on the background of the 18th amendment, its impact on election reform, identification of further reforms to be undertaken in primary legislation and some conclusions. This paper makes reference to Pakistan’s international obligations related to elections, as well as to recommendations of domestic civil society organisations1 and international election observation missions.2 The attached annex contains a comparative table of selected legislative changes following the adoption of the 18th Amendment.