Freedom of Speech not a Good Excuse to "Offend Religions"

The debate around the sacrilegious American Film should not be limited to Freedom of Speech rather one should dig a bit deeper to explore the centuries-old well-entrenched hatred towards Islam. Islamophobia is fact today and need serious discussion. To hate otherwise competitive religion by adherents of some other religions is not a new phenomenon.

"It is no longer a secret to anyone that anti-Islamic and anti-Muslim sides, which have persisted to plant the seeds of sedition and sectarian charge, especially between Muslims and Christians, in recent times, have taken advantage of the principle of the freedom of speech to publish obscenities and fabricate lies and cheap insinuations against Islam and the Prophet of Islam, peace be upon him." Within this context, we find it incumbent to differentiate between freedom of speech and offending others. As much as freedom of speech is sacred and guarded by democratic states, as much as it should be responsible freedom that respects the faiths of others and religious symbols, distancing itself from the approach of offending others and shunning the methods of cursing and abuse, for the ongoing insults have no connection with the freedom of speech. Rather, they are a satanic plant from the fruits of the school of the Goebbels demagoguery.

To be exact, why do western and US laws include texts that deter and hold accountable all who question the "Jewish holocaust" from near or far? Within this context, we would remind of what French intellectual Garaudy was subjected to, in terms of oppression and injustice, because he questioned the numbers of the "holocaust" in his book "The Zionist Legends," and what other European historians and intellectuals were subjected to. This clearly means that the western states, and the United States in particular, are dishonest when they claim that they cannot hold accountable, or rather, stop the campaign of hatred against Islam and the Prophet of Islam using the pretext of "freedom of speech," when they are legislating laws that prohibit and hold accountable all those who stand up to Jews and Zionism and question the numbers of the "holocaust." (Courtesy Al Dastur Jordan)

Violent Protest in Pakistan

Someone, less pious and not very knowledgeable, say like me, finds so many reasons around to ask pious and knowledgeable ones; after all, against whom we are protesting? Against cinemas, ATM machines, shops, signboards, hoardings, Police, Made in Japan Vehicles or the poor trees who have survived municipal authorities and recent scorching heat? If it is against these things, one wonders, what role they have played in the making of the profane video. If they have no role, why are we smoldering and putting them down? Aren’t we exposing ourselves to an ironic situation- doing diametrically opposed to what we should do? Should not we dedicate the day of love to learn Love? Are we not making fun of our religion by dedicating a day to the love of Prophet Muhammad (PBUH) but celebrating it with Fire, blood, destruction and collective madness?

Right of vote to Overseas Pakistanis

The grant of right of vote to Overseas Pakistanis recently gained prominence in media, when the Prime Minister of Pakistan during his visit to Saudi Arabia, assured Pakistanis living there that they will be given right to vote. Considering the importance and complexity of the issue the Hon’ble Chief Election Commissioner constituted a Committee in February, 2009, comprising officers of the ECP with the mandate to conduct an in-depth study and examination of the issues involved therein with a view to exploring some viable solution. In order to assess the viability of the exercise of right to vote by overseas Pakistanis, the Committee, as an initial step, requested Ministry of Overseas Pakistanis to supply details of expatriate Pakistanis showing their number (male/female) alongwith complete addresses and telephone numbers, if any. In the meanwhile, the aforesaid Ministry sought comments of the ECP on the proposal regarding moving of a Bill seeking amendments in the Constitution providing for creation of additional four seats in the National Assembly and one each in Provincial Assemblies for Overseas Pakistanis giving them representation therein.

2. On receipt of above Reference, the Committee deliberated upon the issue at length with particular reference to its legal, financial and operational aspects and an interim report was sent to the Government with the approval of the Hon’ble CEC, who was pleased to direct that before finalizing the report, consultation be made on the issue with all relevant Ministries/Divisions. In response to our request in this regard, Ministries / Divisions nominated their representatives who have been included in Committee as its Members. The agenda was circulated to all the members of the Committee well before time with a view to have maximum input from all Ministries/Divisions representing in this Meeting. As has been mentioned in the Agenda, we have two main areas for discussion, which are:

1. Whether the representation should be given to overseas Pakistanis in the National and Provincial Assemblies by granting them right of vote and declaring “abroad” as a constituency and if so what legal, financial and operational issues may be involved therein as also its feasibility in view of these issues;
2. Whether the proposed Representation in the National and Provincial Assemblies to Overseas Pakistanis should be given through proportional representation system of party lists being currently used for filling the reserved seats for women and minority communities;

3. It is pertinent to mention that presently the following five methods of voting are being used in the world for out-of-country voting. Since first two methods are in use in Pakistan for General Elections in the country, preference
may be given to these tow methods while considering these options for exercise

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of right to vote by overseas Pakistanis. This will, in a way, facilities the Legislature to amend the existing laws available for internal voting so as to provide for the external voting. Though it is open for the participants to comment on the remaining three methods as well but it may be pointed out that the ECP is of the view that last three options may not be appropriate in the Pakistani context at the moment:

• Personal voting at diplomatic missions or other designated places
• Postal voting
• Voting by proxy
• E-voting; and
• Voting by fax

It may be explained that in 54 countries conventional method of personal voting at a polling station is being used. These polling stations are set up at a diplomatic mission or other designated places. This is by far the most common procedure for external voting. In 25 countries, postal voting is being used. There are 27 countries which use mix voting methods including the exceptional use of voting by fax and e-voting.

EXTERNAL VOTING-THE POSITION IN INDIA, IRAN, AFGHANISTAN AND OTHER NEIGHBOURING COUNTRIES.

1. A comparative overview of external voting practices worldwide shows that out of 214 countries, 115 states and territories allow their electors to cast a vote from abroad. These countries include Afghanistan, Bangladesh, India, Indonesia, Iran and Iraq. However, in countries, where external voting is allowed, there are certain limitations for individuals to be eligible for such external voting. In most of these countries, voting right has been extended only:

• Government officers on official duty abroad;
• The armed forces personnel, diplomats and diplomatic staff; or
• Those persons who have been employed by the government on fixed on fixed contracts

Needless to mention, however, that a restriction that has been imposed by most of the countries on overseas voters is the length of their stay abroad. It means that a voter needs to be away from his or her country for a certain period of time in order to be able to vote from abroad. This limit ranges from 6 months to 19 years.

5. Members of the Committee may not confine themselves to the points given under each aspect i.e legal, operational and financial, rather they are expected to put forward any suggestion that contributes towards value addition and help in finalizing a comprehensive report on the subject.

 
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ISSUES REQUIRING CONSIDERATION
BY THE COMMITTEE

(A) LEGAL ISSUES

6. The issue would involve legislation. Needless to say that any action for registration of potential voters; conduct of an election to fill the seats reserved for overseas Pakistanis or any other allied matter would be taken in accordance with law and procedures laid down for the purpose, therefore, inter alia, the following areas would require legislation prior in point of time.

• Grant of right of vote to overseas Pakistanis;
• Eligibility criteria for the prospective voters;
• Eligibility criteria for the prospective candidate:
• Appointment of Registration Officers for preparation of Electoral Roll and its updation on day to day basis as well as through annual revision process.
• How the constituency or constituencies will be determined.
• Methodology for election of candidates i.e. whether it will be based upon single member constituency system or some kind of proportional representation;
• Mechanism for decision/resolution of electoral disputes, including appointment of Election Tribunals and their place of holding courts etc.
• Procedure for trial and penalty of electoral offences, which will also provide for the forum in which such prosecutions shall be file;
• Minimum limit of stay abroad of an overseas Pakistani to become eligible for enrolment as voter may also be provided;
• Linking of passport database with Computerized Electoral Rolls System (CERS) for verification antecedents of voters through passports.
• Any other point that is considered appropriate during discussion;
• After the requisite legislation is made, the necessary rules/Standards Operating Procedures (SOPs) may be prepared in the light of such legislation by the Ministry of Overseas Pakistanis.

(B) OPERATIONAL PROBLEMS

7. The most critical part of an election process is the operational problems faced by the ECP while making preparations for the conduct of actual elections, such as availability of updated electoral rolls, establishment of polling stations, appointment of Returning Officers and polling personnel, procurement of election materials, their transportation to the polling sites, printing of requisite Forms, etc., and their distribution, matters concerning election campaign, disposal of complaints/election disputes, trial and disposal of electoral offences, etc. For the aforesaid purpose purpose, it is recommended that the following

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Points may also be kept in view while deliberating upon the issue in the context of operational problems:

Pakistani Diaspora is fairly large (4.733 million), living in 105 countries of the world as per list provided by the M/o Overseas Pakistanis
In view of above, where will Returning Officer be based for the purpose of receiving nomination papers, their scrutiny, etc?
Where the appellate tribunal constituted to hear the appeals arising out of acceptance or rejection of nomination, will be having his seat of office?
If abroad is to be declared constituency, whether the Returning Officer for a single constituency can be more than one Officer, facility Pakistani Diaspora living in countries of different continents?
And if there will be only one Returning Officer, what will be the mode to be adopted by him for receiving nominations form all around the world?
How the electorate for a candidate to a seat in the Provincial Assembly shall be divided into various constituencies, if according to the proposal, a seat is reserved for Overseas Pakistanis in each Provincial Assembly?
Establishment of Polling Stations in Pakistan’s own Embassies and/or consulates; the operational complexities involved in it because of limited number of locations for voting process; considering the draw back of this methodology as it would effectively exclude those voters who are living far away for the embassy and may not reach it without incurring high cost and time involved in travelling to the embassy and the capacity of the embassy building to deal with a large number of voters coming there to cast vote will have to be taken into consideration.
In certain countries political activities are not allowed, what steps can be taken to overcome this problem facilitating candidates to launch their political campaigns?
The issue needs to be seen from another angle as well that if a person stands for a seat in the National Assembly from Australia, how he will run his campaign in Saudi Arabia;
Further, even in countries where political activities may otherwise be allowed, the permission with respect to establishment of polling stations, holding meetings for canvassing and launching political campaigns may have to be obtained from the government of that country.
How the result will be compiled and transmitted to the Election Commission of Pakistan for its final publication? This issue needs to be seen from this particular angle as well that whether the result of seats reserved for overseas Pakistanis will be announced along with the result of general seats in the NA and Pas or it may be done separately? Deliberation on this doubly required in that slightest delay in the announcement of results is resented by the candidates and integrity of the election is challenged.

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8. It is recommended to see the issue from the following perspectives as well as it would help understand the complexity of the issue in a befitting manner:

The grant of right of vote to expatriates is not generally considered to be a democratic standard but is rather an option every democracy has to consider carefully before such citizens are allowed to participate in the electoral process.
It would be appropriate, in the first instance to consider the cost that may incur on the registration of a person; the operational complexities involved in out-of-country voting and the risks attached to over all election process that such voting may present.
Out of country voting operations are more expensive than in-country voting. Experience shows that election conducted inside the country cost in the range of $ 1-2 per register voter, whereas out-of-country voting operations may cost at least between $ 10-30 per voter.
If the right to vote is extended to overseas Pakistanis so as to allow them to cast their votes alongwith voters of the constituency concerned, then while considering the other complexities involved therein, political implications of such right are given due consideration, particularly with reference to the fact that it may be unacceptable to the people that a population that is no longer residing in the country, should have the light to influence the election results, when these people do not have to live with the results of the election on a daily basis.
If the right to vote is eventually granted and an electoral roll containing the names of all expatriate Pakistanis, who are eligible to become voters, is prepared, the next step would be that the Election Commission will have to ensure that materials are delivered in all the countries where expatriate Pakistanis have been extended right to vote; polling stations are established , polling staff is appointed; necessary training for conduct of poll is given to them and the results are returned from all these locations within the time frame given for the purpose in the Election Schedule.
Another aspect is the availability of “equal access” for Pakistani Diasporas which are spread across the world and geographically dispersed within these countries. Providing equal access to the voters from these countries can be incredibly challenging task. If an in-person voting is the methodology to be used, the accusation of bias may be leveled by the politicians claiming that the decisions by the election administration concerning the level of service provided in difficult locations were an attempt to disenfranchise certain groups of voters. Though “equal access” is achievable through absentee voting (postal or internet) methodologies, but these approaches carry other risks and challenges.
Whether all the Overseas Pakistanis are eligible for participation in the out-of-country voting is yet another question? There may be expatriates holding a Pakistani Passport including those who have dual nationality and those who were born there and have obtained the nationality of the country of their birth.
As against in-country voting, the out-of-country voting operations are more susceptible to fraud and perceptions of fraud. Even if in-person voting methodologies are adopted the election process will remain vulnerable to fraud in that the Election Commission of Pakistan will not be in a position to supervise and control the polling process at all locations throughout the world.

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It will also be highly un-likely that the process of out-of-country voting will be observed by independent observers of party agents.
Another approach is the establishment of polling stations in locations where the Diaspora populations are concentrated. However, this approach requires that the polling stations be established out-side of embassy and consulate premises, which allows a much greater level of voting services and a higher level of enfranchisement. The operational complexities involved in setting-up such polling stations, is however, a huge logistic burden.
Further it may be very unusual for a host country to allow another nation to hold its elections on its territory and in most cases such voting may not be allowed by a host country. In any case, this methodology is likely to be the most expensive option for out-of-country voting.
(C) FINANCIAL IMPLICATIONS
9. Out-of-country voting operations are comparatively much more expensive than in-country voting. International experience shows that nationally conducted elections typically cost in the range of $ 1-2 per registered voter. Out of country voting operations often cost at least between 5 to 10 times more than in-country voting, depending on the methodology being used, making cost of %10-30 per voter. This can make the cost of out-of-country voting prohibitively expensive for many nations.
10. The cost of external voting varies with the prevailing conditions. Since grant of right to vote to overseas Pakistanis is a new initiative of the Government of Pakistan, therefore, the external voting programme will have to be set-up from scratch. It is also noteworthy, that at present neither staff has been appointed for this purpose nor requisite structures are in please. Thus visualized, the costs for the proposed external voting programme, might include:
* Security-- of persons, locations, materials, events. Special security arrangements may be needed if there is a perceived risk for the voters and/or ballot papers during the process;
* Staffing-- including recruitment, salaries, training;
* Office Space (it may be necessary to administer the external voting from an office outside the country if there are communications or other infrastructure problems internally);
* Travel-- for oversight and administrative staff:
* Training-- Special training materials and programmes will be needed for both external registration and the external voting itself:
* Registration-- The electoral registration programme;
* Election materials-- the printing of ballot papers, the installation of voting booths and so on;
* Trasnportation of materials-- This can be major expensive, despending on the number of countries involved. It will often be necessary to use couriers in order to meet timeslines (e.g. for returning