Rigging has already begun, so much for the free and fair elections. Nothing positive can happen under this tyrant.
**Post-emergency: abiding issues **](The News International: Latest News Breaking, World, Entertainment, Royal News)
General Musharraf’s Dec 15 claim that in Pakistan “the democratic process has been put back again on the rails” is not entirely true. He made this claim in a televised national address after the 42-day emergency law was lifted. Admittedly, the holding of general elections is a necessary component of a democratic system, yet there are many other factors in Pakistan’s current power and political context that will undermine the credibility of the Jan 8 election process. Having had to opt for a less-than-ideal decision of an election boycott to protest against the undemocratic conditions, the opposition political parties are wisely contesting the polls.
Most in the opposition intend to use this election process and its outcome to protest against the prevailing unconstitutional and undemocratic conditions. Their participation will paradoxically lend legitimacy to the otherwise controversial election process. But indeed here is where the advantage to the current incumbency ends. In fact, even legitimacy of the process extends only as far as where the opposition will go along with the process. In case if at any point the two major parties, the PML-N and the PPP, opt to pull out calling foulplay the legitimacy of the election process will evaporate.
Here is where the paradoxical impact of the opposition’s election participation will then turn into one-way advantage for only the protesting opposition. Thousands in the mobilised crowds now out cheering the electioneering PPP-PML-N leadership can potentially turn into anti-incumbency crowds. There is, therefore, no guarantee what the forthcoming election process has in store.
**What has already been established beyond doubt is that overall the Election Commission has failed to ensure a “level playing field” for all the contesting parties. There has hardly been any satisfactory response by the Election Commission to the endless PPP complaints which are also against intelligence agencies harassing of candidates. The PML-Q leadership in Punjab and Sindh has fully used its last incumbency factor to its electoral advantage; from funds, bureaucracy, nazims, protocol and banner placements, all have been used for PML-Q electioneering. Additional direct or indirect advantages will accrue to those PML-Q candidates who have relatives in high places. For example, the caretaker prime minster’s sisters are contesting on a PML-Q tickets and the Intelligence Bureau chief’s brother is contesting on a PML-Q ticket. **
The nominations papers of PML-N leaders Nawaz Sharif and Shahbaz Sharif have been rejected although in 2002 the Election Commission accepted the nomination papers of both leaders.
It is evident that as president, Gen Musharraf seeks survival and control in the post election phase. That can only be ensured if two-thirds of the 342-seats in the National Assembly go to Gen Musharraf’s political supporters. **Musharraf needs supporters in the assembly for the indemnification of the constitutional amendments he has made during the 42-day emergency period between Nov 3 and Dec 15. Hence, the simple logic of Gen Musharraf’s political interests requires that the PML-Q must lead the pack of vote-getters on Jan 8. **
In a post-March and especially post-Nov 3 political environment which understands the significance of legal and constitutional correctness for a growing number of Pakistani citizens, the questions of Constitution and legality cannot be overlooked. The entire opposition appears to be committed to not indemnify the moves made after the imposition of the emergency. This includes the proclamation of the emergency, the Provisional Constitution Order, the Oath of Office (Judges) Order of Nov 3, the Revocation of Emergency Order of Dec 15, and the Legal Practitioners and the Bar Councils Ordinance, 2007. Significantly, the contents of the current election campaign illustrate this as most opposition leaders are making repeated public pledges to uphold the independence of the judiciary, rule by the Constitution, restore the pre-Nov 3 judiciary, work to end the army’s involvement in politics, end the Balochistan operation etc.
**The lifting of the emergency does not take away the major blows inflicted on the vitals of a democratic order. An independent judiciary which was fulfilling its constitutional responsibility within constitutionally prescribed parameters was dismantled. That still is to be restored back to its right constitutional setting. Two, parliamentary democracy was blatantly set aside when the Constitution was amended on the order of one man, later “legalised” by a plaint judiciary. Three, the media was gagged and key lawyers arrested.
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Subsequently, on Dec 15, Gen Musharraf made amendments to the Constitution to change the eligibility criterion for the president to legalise his re-election while still wearing the uniform. Clearly, despite the post-Nov 3 Supreme Court’s Nov 18 verdict clearing general Musharraf’s presidential candidacy, his Nov 3 actions have greatly undermined the political legitimacy of his presidency.
The Dec 15 amendments include those that provide legal cover for acts committed during the emergency, including one that is specifically to ensure permanent ouster of the pre-Nov 3 judges. These amendments are widely interpreted as an exercise in self-preservation. More importantly, these amendments are an attempt to ensure acceptance by the citizens of Pakistan that the dismantling of an independent judiciary by an army chief is a legitimate move. No amount of justification will make such an unconstitutional move acceptable by critical sections of Pakistani opinion-makers, professionals and politicians.
While lifting the emergency President Musharraf explained its imposition within the context of a judges’ conspiracy against him, and hence his decision to sadly turn to what he referred to “as a last resort.” A relieved Gen Musharraf told the nation “Thanks be to God, we have defeated that conspiracy… The wave of terrorism and militancy has been stopped under the emergency and there had been considerable improvement in the overall situation.” Gen (retired) Musharraf was also relieved that there was now harmony among the pillars of the State. Particularly his concern was the conspiring judiciary. The cause of the “harmony” is the presence of mostly a “new” judiciary. But beyond the cause of the harmony there is the question of why is there need for harmony? The judiciary is constitutionally bound to ensure that executive authority is not exercised beyond the limits laid down by the Constitution. And there may well be less than harmonious times between the two when the judiciary seeks to rein the unconstitutional functioning of the executive or of its branches.
**Obviously, general Musharraf’s story of some “dangerous” conspiracy does not jibe with what the Pakistani nation has experienced, especially since Nov 3. It has experienced endless unconstitutional and illegal moves. And even at present while Gen Musharraf insists he has no favourites in the election race and he promises the nation a fair and free election, news reports often tell another story. On Dec 18, 2007, in a story titled “In the Line of Duty” a reputed English daily reported the following: **