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CHARTER OF DEMOCRACY
We the elected leaders of Pakistan having deliberated on the political crisis in our homeland, the threats to its survival, the military’s subordination of all state institutions, the marginalization of civil society, the mockery of the Constitution, growing poverty, unemployment and inequality, breakdown of rule of law and unprecedented hardships under a military dictatorship which has pushed our beloved country to the brink of total disaster; Noting the most traumatic experiences that our nation experienced under military dictatorships that played havoc with the nation’s destiny and created conditions disallowing the progress of our people and the flowering of democracy. Even after removal from office they undermined the people’s mandate and the sovereign will of the people. Drawing history’s lesson that the military dictatorship and the nation cannot co-exist - as military involvement adversely affects the economy and the democratic institutions as well as the defence capabilities and the integrity of the country - the nation needs a new direction from a militaristic approach of the Bonapartist regimes as the current one; Taking serious exception to the vilification campaign against the representatives of the people, the victimization of political leaders/workers and their media trials under a Draconian law in the name of accountability, in order to eliminate the representative political parties, to Gerrymander a king's party and concoct legitimacy to prolong the military rule; Noting our responsibility to our people to set an alternative direction for the country on an economically sustainable, socially progressive, politically democratic and pluralist, federally cooperative, ideologically tolerant, internationally respectable and regionally peaceful basis to decide once for all that only the people have the sovereign right to govern through their elected representatives as conceived by the Father of the Nation Quaid-i-Azam Mohammed Ali Jinnah; 6. Reaffirming our commitment to democracy and universally recognized fundamental rights, the rights of a vibrant opposition, internal party democracy, ideological/political tolerance, bipartisan working of the parliament through powerful committee system, a cooperative federation with no discrimination against federating units, the devolution of power, maximum provincial autonomy, the empowerment of the people at the grassroots level, the emancipation of our people from poverty, ignorance, want and disease, the uplift of women and minorities, the elimination of Kalashnikov culture, a free media, an independent judiciary, a neutral civil service, rule of law and merit, the settlement of disputes with neighbours through peaceful means, honouring international contracts, laws/covenants and sovereign guarantees to achieve a responsible status through a foreign policy that suits our national interests; Calling upon the people of Pakistan to join hands to save our motherland from the clutches of military dictatorship and to defend their fundamental, social, political and economic rights and for a democratic, federal, modern and progressive Pakistan as dreamt by the Founder of the nation have adopted the following, “Charter of Democracy”; A. CONSTITUTIONAL AMENDMENTS The 1973 Constitution as on 12th October 1999 before the military coup shall be restored with the provisions of joint electorates, minorities, and women’s reserved seats on closed party list in the Parliament, the lowering of the voting age, and the increase in seats in parliament and the legal Framework Order, 2000 and the Seventeenth Constitutional Amendment shall be repealed accordingly. The Appointment of the Governors, three Services Chiefs and the CJCSC shall be made by the Chief Executive who is the Prime Minister, as per the 1973 Constitution. 3. (a) The recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise of the following:
i. The Chairman shall be a Chief Justice, who has never previously taken oath under PCO. ii. The members of the commission shall be the Chief Justices of the provincial High Courts who have not taken oath under the PCO, failing which the senior most judge of that High Court who has not taken oath shall be the member iii. Vice Chairmen of Pakistan and Vice Chairmen of Provincial Bar Councils with respect to the appointment of judges to their concerned province iv. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar, and Quetta, with respect to the appointment of judges to their concerned province v. Federal and Provincial (for the concerned provinces) Minister for Law & Justice vi. Attorney General of Pakistan and advocate generals for the concerned provinces for concerned provinces (a-i) The Commission shall forward a panel of three names for each vacancy to the Prime Minister, who shall forward one name for confirmation to Joint Parliamentary Committee for confirmation of the nomination through a transparent public hearing process. (a-ii) The Joint Parliamentary Committee shall comprise of 50 percent members from the treasury benches and the remaining 50 percent from opposition parties based on their strength in the Parliament nominated by respective Parliamentary leaders. (b) No judge shall take oath under any Provisional Constitutional Order or any other oath that is contradictory to the exact language of the original oath prescribed in the Constitution of 1973. (c) Administrative mechanism will be instituted for the prevention of misconduct, implementation of code of ethics, and removal of judges on such charges brought to its attention by any citizen through the proposed commission for appointment of Judges. (d) All special courts including Anti Terrorism and Accountability Courts shall be abolished and such cases be tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the Chief Justices over the assignment of cases to various judges and the transfer of judges to various benches such powers shall be exercised by the Chief Justice and two senior most judges sitting together. A Federal Constitutional Court will be set up to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six year period. The Supreme and High Courts will hear regular civil and criminal cases. The appointment of Judges shall be made in the same manner as for Judges of Higher Judiciary. The Concurrent List in the Constitution will be abolished. A new NFC award will be announced. The reserved seats for women and minorities in the National and Provincial Assemblies will be allocated to the parties on the basis of the number of votes polled in the general elections by each party. The strength of the Senate of Pakistan shall be increased to give representation to minorities in the Senate. FATA shall be included in NWFP province in consultation with them. Northern Areas shall be developed by giving it a special status and further empowering the Northern Areas Legislative Council to provide people of Northern Areas access to justice and human rights. The Local Bodies Election will be held on party basis through Provincial Election Commissions in respective provinces and constitutional protection will be given to the Local Bodies to make them autonomous and answerable to their respective Assemblies as well as to the people through regular courts of law. B. CODE OF CONDUCT National Security Council will be abolished. Defence Cabinet Committee will be headed by PM and will have a permanent secretariat. The PM may appoint a Federal Security Advisor to process intelligence reports for the Prime Minister. The efficacy of the higher defence and security structure, created two decades ago, will be reviewed. The Joint Services Command structure will be strengthened and made more effective and headed in rotation among the three services by law. The ban on a “Prime Minister not being eligible for a third” term of office will be abolished. (a) Truth and Reconciliation Commission (T&RC)” be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The Commission will also examine and report its findings on military coups and civil removals of governments from 1996. (b) A Commission shall also examine and identify the causes of and fix responsibility and make recommendations in the light thereof for incidences such as Kargil. (c) Accountability of NAB and other Ehtesab operators to identify and hold accountable abuse of office by NAB operators through purgery and perversion of justice and violation of human rights since its establishment. (d)To replace politically motivated NAB with an independent Accountability Commission, whose Chairman shall be nominated by the Prime Minister in consultation with the Leader of Opposition and confirmed by a Joint Parliamentary Committee with 50 percent members from treasury benches and remaining 50 percent from opposition parties in same manner as appointment of judges through transparent public hearing. The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgments and would have not dealt with matters relating to a former or present member of the Federal cabinet or their families. The Press and Electronic Media will be allowed its independence. Access to Information will become law after parliamentary debate and public scrutiny. The Chairmen of Public Accounts Committee in the National and Provincial Assemblies will be appointed by Leaders of Opposition in the concerned assemblies. Terrorism and militancy are by products of military dictatorship, negation of democracy, are strongly condemned, and will be vigorously confronted. An effective Nuclear Command and Control system under the Defence Cabinet Committee will be put in place to avoid any possibility of leakage or proliferation. Peaceful relations with India and Afghanistan will be pursued without prejudice to outstanding disputes. Kashmir dispute should be settled in accordance with the UN Resolutions and the aspirations of the people of Jammu and Kashmir. Governance will be improved to help the common citizen, by giving access to quality social services like education, health, job generation, curbing price hike, combating illegal redundancies, and curbing lavish spendings in civil and military establishments as ostentatious living causes great resentment amongst the teeming millions. We pledge to practice simplicity, at all levels. Women, minorities, and the under privileged will be provided equal opportunities in all walks of life. We will respect the electoral mandate of representative governments that accepts the due role of the opposition and declare neither shall undermine each other through extra constitutional ways. We shall not join a military regime or any military sponsored government. No party shall solicit the support of military to come into power or to dislodge a democratic government. To prevent corruption and floor crossing all votes for the Senate and indirect seats will be by open identifiable ballot. Those violating the party discipline in the poll shall stand disqualified by a letter from the Parliamentary Party Leader to the concerned Speaker or the Chairman Senate with a copy to the Election Commission for notification purposes within fourteen days of receipt of letter failing which it will be deemed to have been notified on the expiry of that period. All military and judicial officers will be required to file annual assets and income declarations like Parliamentarians to make them accountable to the public. A National Democracy Commission shall be established to promote and develop a democratic culture in the country and provide assistance to political parties for capacity building on the basis of their seats in Parliament in a transparent manner. C. FREE AND FAIR ELECTIONS There shall be an independent, autonomous, and impartial Election Commission. The Prime Minister shall in consultation with Leader of Opposition forward up to three names for each position of Chief Election Commissioner, Members of Election Commission, and Secretary to Joint Parliamentary Committee, constituted on the same pattern as for appointment of judges in superior judiciary, through transparent public hearing process. In case of no consensus, both Prime Minister and Leader of Opposition shall forward separate lists to the Joint Parliamentary Committee for consideration. Provincial Election Commissioner shall be appointed on the same pattern by Committees of respective Provincial Assemblies. All contesting political parties will be ensured a level playing field in the elections by the release of all political prisoners and the unconditional return of all political exiles. Elections shall be open to all political parties and political personalities. The graduation requirement of eligibility which has led to corruption and fake degrees will be repealed. The Local bodies elections will be held within three months of the holding of general elections. The concerned Election Authority shall suspend and appoint neutral Administrators for all Local Bodies from the date of formation of a caretaker Government for holding of general elections till the elections are held. There shall be a neutral caretaker Government to hold free, fair, and transparent elections. The members of the said Government and their immediate relatives shall not contest elections. D. CIVIL – MILITARY RELATIONS All indemnities and savings introduced by military regimes in the constitution shall be reviewed. Defence budget shall be placed before the Parliament for debate and approval. Military land allotment and Cantonment jurisdictions will come under the purview of Ministry of Defence. A Commission shall be set up to review, scrutinize, and examine the legitimacy of all such land allotment rules, regulations, and policies, along with all cases of state land allotment including those of military urban and agricultural land allotments since 12th October, 1999 to hold those accountable who have indulged in malpractices, profiteering, and favouritism. Rules of Business of the federal and provincial governments shall be reviewed to bring them in conformity with Parliamentary form of government.
(Mohtarma Benazir Bhutto) Chairperson
Dated:14th May, 2006 |
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