appeal to grant voting rights to overseas pakistanis
DESCRIPTION
Overseas Pakistanis contribute about $13 billion every year in Remittance.Overseas Pakistanis stand by their brother and sisters in motherland at times of earthquakes and floods. The patriotism of Overseas Pakistanis is unmatched. When some 115 countries can grant Overseas voting rights, why can't Pakistan? We demand voting rights for Overseas Pakistanis and the reasons are explained in detail in this whitepaperTRANSCRIPT
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Why Overseas Pakistanis must get to vote in 2013
General Elections in Pakistan and Solutions for Election
Commission of Pakistan
“The job of the Supreme Court is not to worry about the how difficult the implementation of a law can
be, but to safeguard the Constitution. The execution of overseas ballots has been performed by 100+
countries, it's about time Pakistan does it and the Overseas Pakistanis make a strong demand to make
their voices heard, especially when they are responsible for about $13 billion in remittance per year."
Written by: Ali Ghumman, Jibran Ilyas, Haris Siddiqui
Date: November 5, 2012
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Table of Contents
EXECUTIVE SUMMARY ............................................................................................................... 3
OVERSEAS PAKISTANIS ............................................................................................................. 4
TIMELINE OF OVERSEAS PAKISTANIS VOTING RIGHTS ISSUE ................................................ 5
CASE FOR OVERSEAS PAKISTANIS VOTING RIGHTS ................................................................. 7
Economic Case........................................................................................................................... 7 Social Case ................................................................................................................................ 7 Political Case ............................................................................................................................. 8
IS OVERSEAS VOTING PRACTICAL? ........................................................................................... 9
Solutions for ECP by Overseas Pakistanis ...................................................................................... 9
CONCLUSION............................................................................................................................13
CREDITS ...................................................................................................................................14
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Executive Summary
The purpose of this publication is to ensure that Overseas Pakistanis get the right to vote as they are a
huge stakeholders of Pakistan economy and have potential to play an even larger role given they get a
chance to vote and participate in country's democracy.
In December 2011, Imran Khan's political party, Pakistan Tehreek‐e‐Insaf (PTI) moved a petition in
Supreme Court of Pakistan (SC) for Overseas Voting Rights. In February 2012, there was a positive news
from SC and Election Commission of Pakistan (ECP) that Overseas Pakistani will be allowed to vote in
2013 elections. However, on September 26, 2012, the ECP had deferred the Right to Vote citing that it
won't be possible for General Elections 2013.
This paper will discuss the economic, social and political case for Overseas Pakistanis right to vote in the
upcoming Elections in Pakistan of 2013 and bring forward the testimonials of Pakistanis living in United
States on their feelings on the voting rights. It will also discuss how other countries are accomplishing
the overseas voting and why it's time for Pakistan's ECP to step up and give the voting rights to Overseas
Pakistanis.
There is a lot at stake in the next General Elections in Pakistan. The Pakistanis living abroad are in touch
with Pakistan more so than ever because of the media channels influx and the rise of social media. It is
high time that the people who pour their hearts out to rescue Pakistan out of earthquakes and floods be
given a chance to participate in country's democratic process of electing it's leadership.
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Overseas Pakistanis
The term "Overseas Pakistanis" is officially recognized by the Government. The Ministry of
Overseas Pakistanis was established in 2008 to exclusively deal with all the matters and affairs
of the overseas Pakistanis such as attending to their needs and problems, intending schemes
and projects for their welfare and working for resolution of their problems and issues. Overseas
Pakistani workers are the second largest source of Foreign Exchange Remittances to Pakistan
after exports and over the last several years, the foreign exchange remittances have maintained
a steady rising trend, with a recorded increase of 21.8% from $6.4 million in 2007‐08 to $7.8
million during 2008‐09. In 2009‐10, Pakistani sent home $9.4 billion, the 11th largest in the
world. By 2012, Pakistan increased its ranking to 10th in the world for remittances sent home at
$13 billion per annum1.
The Law of Voting and Pakistani Citizenship:
According to the Pakistani Citizenship Act 1951, the following are considered Pakistan Citizens:
a) Anyone born in Pakistan after this Act of 1951.
b) If one's parent has Pakistani Citizenship then a person born to that parent may also get
citizenship.
There are many Pakistanis living outside of Pakistan who qualify to be citizens. Why does it
matter if you are citizen of Pakistan? According to the Constitution of Pakistan, A person shall
be entitled to vote if (a) he is a citizen of Pakistan; (b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and (d) he is not declared by a competent court to
be of unsound mind2.
The Law supports the voting rights of Overseas Pakistanis, therefore, the SC ruling of granting
right of vote to Overseas Pakistanis will always uphold.
1 http://en.wikipedia.org/wiki/Pakistani_diaspora 2 http://www.pakistani.org/pakistan/constitution/part3.ch2.html
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Timeline of Overseas Pakistanis Voting Rights Issue
November 15, 1993
The SC of Pakistan through judgment considered the suggestion for grant of right of vote to the
Overseas Pakistanis reasonable and found it proper that an exercise is undertaken in the first
instance by the authorities constitutionally entrusted with the task.
October 1997
A Cabinet Committee was appointed by the then Prime Minister, for examining the issue of
grant of right of vote to the Overseas Pakistanis. The said Committee made recommendations
in 1998,whereas the M/o Foreign Affairs viewed that it is a difficult proposition.
May 1999
The Parliamentary Affair Division on the advice of Cabinet Division moved a Summary for the
Cabinet. That Summary was placed on the agenda of the Cabinet thrice but could not be
considered.
September 2007
On the direction of the then Prime Minister to examine the issue taking into account all legal
and practical issues in consultation with the Election Commission, the matter was taken up with
ECP. The Commission recommended proxy system for overseas Pakistanis to exercise their right
of vote, but the issue remained unsettled due to change in Government.
June 2009
A summary for the Prime Minister regarding grant of right of vote to the overseas Pakistanis
was initiated through Ministry of Law and Justice. The Ministry of Law and Justice has however,
returned the Summary with comments that i) it requires amendment in the Electoral Rolls, Act,
1974 which is the administrative concern of the ECP and the Ministry of the Parliamentary
Affairs. ii) that in 1974, the matter was examined and it was not considered worthwhile as it
could create problems and entail unnecessary expenditure. 3
December 2011
Imran Khan's political party, Pakistan Tehreek‐e‐Insaf (PTI) moved a petition in SC for Overseas
Voting Rights.
February 2012
SC and ECP ruled that Overseas Pakistani will be allowed to vote in 2013 elections.
3 http://202.83.164.28/moopsm/frmDetails.aspx?opt=news&id=23
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September 26, 2012
The ECP had deferred the Right to Vote citing that it won't be possible for General Elections
2013.
November 7, 2012
The next hearing on this issue has been adjourned until November 7, 2012. It is imperative for
every Pakistani to stand up for the cause and send their feedback to SC and the ECP.
The Law and the Implementation
It was the ECP who is predicting problems with overseas voting and the costs being
unmanageable. Chief Justice of SC has supported the voting rights of Overseas Pakistanis on
record. It is established that the Constitution of Pakistan and the SC fully supports the Voting
Rights of Overseas Pakistanis.
The Constitution assigns the SC a unique responsibility of maintaining harmony and balance
between the three pillars of the State, namely, the Legislature, the Executive and the Judiciary.
As guardian of the Constitution, the Court is required to preserve, protect and defend this basic
document. 4
Hence, the job of the court is not to worry about the "how" i.e. the costs of voting rights and
the difficulty of implementation is not the court's responsibility. The SC ruling should be
reasons enough for the ECP to look for solutions rather than denying the rights of voting yet
again to the deserving Overseas Pakistanis.
4 http://www.supremecourt.gov.pk/web/page.asp?id=113
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Case for Overseas Pakistanis Voting Rights
There are many reasons to support that Overseas Pakistanis deserve to vote in General
Elections of Pakistan. The following cases will highlight why it's absolutely imperative that
justice be served for Overseas Pakistanis, which will also help Pakistan in the long run.
Economic Case
There are about seven million Pakistanis residing in 106 countries5. While this is a fraction of
the population it’s a huge part of the Voters of Pakistan i.e. 4.92% of the FER 2007 voters. It is
an even bigger 9.1% of the verified voters of 2007 and that makes a significant chunk of our
politics – one we shouldn’t ignore6.
With a total disposable income of $114 billion and 0.2% increase in per capita income, the
$10.9 billion of remittance add much needed stimulus to the economy and help the country
grow overall7. In 2012, the remittances in Pakistan is expected to surge to about $13 billion.
With that significant contribution of Overseas Pakistanis to Pakistani Economy, there are no
two opinions on the impact the Overseas Pakistanis have on the economy. Therefore, the
numbers truly advocate the need of getting the Overseas Pakistan their right to vote.
Social Case
Most of the 7 million Pakistanis abroad have their families back home, hence they should have
a right to decide the government that will govern their loved ones.
The education, health, legal policies, etc. not only affect the loved one’s already there but also
greatly affect the chances of those Pakistanis returning back to the country. With the local
brain drain on an all time high, it's time Overseas Pakistanis were given the right to choose
their own leaders.
Official estimates of Pakistan’s Overseas Employment Corporation are that close to 36,000
professionals, including doctors, engineers and teachers have migrated to other countries in
the last 30 years – an unofficial estimate puts the number closer to 45,000. This drain is likely to
continue since as much as 38% of folks said that they are looking for greener pastures abroad
permanently8.
5 http://en.wikipedia.org/wiki/Pakistani_diaspora 6 http://www.ecp.gov.pk/VoterStats.aspx 7 http://dawn.com/2012/05/23/per‐capita‐income‐rises‐marginally 8 http://blogs.tribune.com.pk/story/12953/changing‐tides‐pakistans‐brain‐drain‐in‐reverse/
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Overseas Pakistanis contribute extremely heavily to charitable and rebuilding causes. It is
estimated that the Pakistani Diaspora in the US give back $1 billion annually to charities within
Pakistan; when accounted for money and goods, there is an estimate contribution of $250
million; not to mention the volunteered hours accounting to about $750 million9.
Again, the impact of Overseas Pakistanis is backed by the numbers very well. The intangibles
are equally great of such support of Overseas Pakistanis. The people living in Pakistan never feel
alone in the times of crises because they know that their brothers and sisters overseas will
come to the rescue.
Moreover, Military and government personnel are out of the country in many instances. Add to
that the Pakistani’s that have to leave due to family emergencies, medical treatments, and
other needs and you have a part of citizenry that is left out of the electoral process due to a
lack of ‘absentee ballots’.
Political Case
The overseas Pakistani population is concentrated in Saudi Arabia, UAE, UK, USA, and Canada,
making up around 65% of all the Pakistani Diaspora10.
Two of these nations are strong allies in many matters concerning the war against terrorism,
policy matters, etc. and it will be extremely gainful for Pakistan to engage its expats in the
Pakistani elections in order for them to become lobbyists for the country. Pakistan is missing an
opportunity by alienating those who have a passion for Pakistan and can mix with Congressmen
and local Politicians to further the cause of this great nation.
The pride factor of Pakistanis is diminishing. If Pakistanis don't get to participate and are just
used as cash cows, the patriotism and the connection back to the country will regress even
more. Perhaps we have lost a few generations but we shall make sure that our generation and
the ones after us do not make the same mistake of. In America, people stood in three to five
hour lines to exercise their voting rights even in the states where the elections are not so close.
It is something the Americans feel proud of and that infuses Patriotism. Pakistanis have great
enthusiasm. In fact, where Pakistanis lack skill, they make it up by enthusiasm and hard work;
the voting rights will further grow the sense of pride in the nation and the results will only be
positive.
9 http://pcp.org.pk/pdf_word_docu/Diaspora_summary.pdf 10 http://en.wikipedia.org/wiki/Pakistani_diaspora
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Is Overseas Voting Practical?
The right to vote for International Diaspora is established in about 115 countries according to a
report from 2007 by the Institute of International Democracy and Electoral Assistance11. In
2005 Iraq national elections, the country voting program allowed voting in 36 cities and 14
countries through external polling stations. Indonesia, which allows for a mixed procedure of
personal, postal, and proxy voting to its expats had a cost of $6 million only in the 2004 general
elections.
As seen above, the political climate or the costs of Overseas voting does not deter countries to
skip the Overseas ballot altogether. If a country recognizes the value of its expats, they must
also give them the right to vote.
Solutions for ECP by Overseas Pakistanis
The system of e‐balloting is currently in place in USA free of charge for military voters stationed
outside the USA. An overseas Pakistani can pay an upfront fee to submit voting application and
to register his/her account online with the ECP using unique and confidential information such
as NICOP number along with date of birth no later than a specific date (for instance 90 days
before the election when the caretaker government takes charge). The ECP can confirm the
qualification of the voter before sending the ballot to voter's respective consulate (if sending to
the voter's physical address or email address is not possible) 30 days prior to the election. The
voter can then make arrangements with the local consulate to receive the ballot. The voter
must return the ballot on the election day to their respective consulate via mail or email or fax.
(Fahad Khan, Oklahoma)
Another simple solution is to allow all Overseas Pakistanis with NICOP to vote. They should get
a personal code which they can use on voting website or give it on the phone to cast their vote.
(Nauman Chaudary, New Jersey)
In US, mail in ballot is a common practices and a cheap and practical way to facilitate voting for
overseas Pakistani in their respective countries. Pakistani embassies should put up a 'Request
for Mail in Ballot Form' on their website and the list of candidates and constituencies for all
national and provincial assemblies of Pakistan. Overseas Pakistanis should download, print and
fill out the form and attach the color photocopy of their NICOP with the form. Embassy should,
11 http://diasporamatters.com/wp‐content/uploads/2011/05/Diaspora‐Toolkit‐Booklet‐7.pdf
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upon verification of NICOP, then mail the ballot for those people who sent the request form.
Once the mail in ballot arrives, the voter should fill in the name of the constituency and the
name of candidate they want to vote for on the ballot and mail it to the embassy. Embassy
should collect the ballot and send the sealed mailed in ballots to Election Commission of
Pakistan in diplomatic pouch, who should count the overseas Pakistani votes. (Asad Faizi,
Seattle)
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Testimonials of Overseas Pakistanis on Voting Rights
Several testimonials were collected on the voting rights of Overseas Pakistanis. The underlying
message was that when the Government and SC recognizes the contributions of Overseas
Pakistanis, they shall make it a priority to get them involved in the democratic process by
granting them the voting rights. Here are the testimonials collected from Pakistanis living in
United States of America:
Nauman Chaudary, Financial Analyst
Overseas Pakistanis are backbone of Pakistan economy. We support our country Pakistan in any
kind of need, disasters or even just basic Zakat. Taking the right of not able to vote in election
2013 is unfair and will be very big mistake you will do. Even though we are not living in Pakistan,
but our heart does beep Pakistan, Pakistan and Pakistan. We raise our head and talk with pride
that we are from Pakistan. I would request from Election commission and Supreme court to
grant us right to vote as overseas Pakistanis.
Fahad Khan, Lead Strategic Planner, Office of Chief Operating Officer, Oklahoma State
Department of Health, Oklahoma City, OK, USA.
I am among those six million Overseas Pakistanis who contributed approximately $12 billion in
remittances in 2011 as per The World Bank Remittance Data, 2011. Even though, Overseas
Pakistanis constitute only 3% of total Pakistani population, their contribution in 2011 alone
placed Pakistan among top ten recipients of remittances among developing countries and
represented 5% to the Pakistan's GDP in 2011. The decision of Election Commission of Pakistan
(ECP) not to engage Overseas Pakistanis in the upcoming national election due to budget issues
is unacceptable especially considering that our remittance has surpassed $65 billion during the
last 10 years and its outstanding contribution to the GDP rise is evident. As an overseas
Pakistani, I expect that my contribution towards Pakistan is acknowledged and hence I demand
ECP my right to take ownership of Pakistan by casting my vote in the upcoming national
elections.
Shoaib Chaudhary, President & CEO, Spruce IT Asset Recovery LLC
The remittance of Overseas Pakistanis is a huge factor of Pakistan's economy. Their involvement
In political process will be very healthy for Pakistan.
Muhammad N. Malik, Student at Plaza college
Argument is very simple that all Pakistanis including overseas have right to vote to engage into
political process. When Govt. is willing to accept money sent by overseas Pakistanis, why not
they accept their votes. As per my knowledge term overseas Pakistani is also recognized by the
Govt. of Pakistan and they created a ministry to deal with the problems of overseas Pakistani.
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Even overseas minister Mr. Farooq Sattar wants to give voting right to 40 million Pakistanis
overseas.
Asad Faizi, Software Technologist and Entrepreneur
Universal adult suffrage is the fundamental right of every citizen and the basis of democracy.
Pakistani constitution provides the same rights and privileges to the Pakistanis living abroad as
those living in Pakistan. Overseas Pakistanis are patriotic and vibrant community, who love
Pakistan and support Pakistan with their intellectual and financial assets. Supreme Court of
Pakistan has directed the government to facilitate this fundamental right to all overseas
Pakistanis, based on their NICOP.
Samra Cheema, Marriage and Family Therapist
Snatching the rights of overseas Pakistanis will be a serious mistake. They pour their hearts and
pockets out for every natural disaster in Pakistan and continue to pump the Pakistan economy
with remittance. I would even argue that some overseas Pakistanis are more patriotic than the
ones living in Pakistan, therefore, I appeal to the Supreme Court and Election Commission of
Pakistan to grant Overseas Pakistanis the voting rights.
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Conclusion
There is no denying that the Overseas Pakistanis play a significant role in the economy of
Pakistan. There is also no denying that the Constitution of Pakistan rules that the Overseas
Pakistanis shall have the right to vote. The SC has ruled that the right of voting shall be
exercised. Even the ECP agreed in February of 2012 that Overseas Pakistanis deserve the right
to vote and they can vote in the General Elections of 2013. The predicted difficulties in
implementation and the costs of putting a system in place to collect Overseas Pakistanis' vote
shall not deter the ECP to take away their Constitutional Right.
The importance of Overseas Pakistanis was magnified after the 2005 Earth Quake in Pakistan
and the Floods in 2010. The Overseas Pakistanis stand by their brothers and sisters in every
testing moment. They are willing to play an even larger role once given the opportunity in the
democratic process. When they get to pick the leaders of Pakistan, they will most likely be more
willing to invest in Pakistan and may consider moving back as well. The brain drain that Pakistan
suffers right now is very discouraging and the country must consider the long term initiatives to
get the bright minds back to Pakistan. Other countries in the region have been able to achieve
the return of human assets and Pakistan can achieve the same.
There are several ways that can be utilized by the ECP to facilitate the Overseas Voting as
highlighted in this paper. In the past, the Overseas Pakistanis have not cared so much about the
voting but the times are changing and Pakistanis abroad are more in touch with Pakistan via
Satellite Media Channels and Social Media. Furthermore, there is a lot at stake in the next
General Elections in Pakistan. The need for the hour is bipartisan support for the Overseas
Voting Rights Campaign.
We, the authors of this paper, highly encourage it's audience to share this paper or your
thoughts with the Supreme Court of Pakistan at [email protected] ; Election
Commission of Pakistan at [email protected] ; Ministry of Foreign Affairs at
[email protected] and Dr. Muhammad Farooq Sattar, Federal Minister for Overseas
Pakistanis at [email protected].
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Credits
Co‐Authors: Ali Ghumman, Jibran Ilyas and Haris Siddiqui
Contributors: Nauman Chaudary, Fahad Khan, Shoaib Chaudhary, Muhammad N. Malik, Asad
Faizi, Samra Cheema, Nadia Ahsan, Kamal Pirzada
Facebook Page Admins of https://www.facebook.com/OverseasPakistanisRightToVote
Imran Khan (Chairman PTI) for being an inspiration to all three co‐authors
Fauzia Kasuri, for always supporting and encouraging the Youth