Can NOTA solve Pakistan’s dilemma?

Author: Yasmeen Aftab Ali

Pakistan is at crossroads. The no-confidence vote is set for 3rd April 2022. As of now, PTI’s ouster is almost a given. What is next for Pakistan? Most ask one question: with the return of the same old, what does the future hold? A note needs to be added here before addressing the question. PTI had embraced all the ‘same old’- the allegations of their now being traitors is ludicrous-as they were not so dubbed when they ditched their parties and joined PTI. The question asked then is very valid.

First, there must be a clear understanding that elections and democracy are not interchangeable terms. Even though there is no specific, universally accepted definition of ‘democracy’, there are two principles that any definition of democracy includes: ‘equality and freedom.’ These principles are reflected in all citizens being equal before the law and having equal access to power, and the freedom of its citizens is secured by legitimized rights and liberties which are generally protected by a constitution.’ This explanation raises many questions: Do our political parties within their cadre, allow its workers equal access to power? Can a worker within a party structure has the opportunity to rise to the status of the Chairperson of that party, in due course of time? Lady Warsi’s appointment as Conservative Party Chairperson and a full cabinet minister reflects on the progress the UK has made in terms of maturity in their political sphere. Unfortunately, in Pakistan, we remain stuck in the groove of dynastic dynamics and one-man cult party {PTI} and have not progressed from this point in all these years of our history. From PPP to PML N to ANP to MQM and PML N and all shades of parties in between, we see the mantle of leadership being worn by the one who originated the party, and much like a family heirloom passed on from one generation to the other. Is this the much-touted democratic order? Where is the democracy WITHIN the party cadres themselves? Is heredity to determine who heads the party and merit to be ignored? When heredity becomes the corner stone of the political parties, this in turn inevitably leads to sycophancy and appointment by favoritism, not merit. There is no accountability within the party from those who purport to lead the party. Unfortunately, in PTI, we saw the same being followed.

The second part of the definition deals with the right of citizens that is protected by the Constitution. These rights are determined from Articles 8 to Article 28 in the Constitution and deal with various rights of the citizen of Pakistan, for example, Article 25 professes that all citizens are equal before law and have a right to equal protection of law. Article 14 deals with inviolability of dignity of man and subject to law, in privacy of his home is inviolable, so on and so forth. However, words on a piece of paper without implementation loses any standing whatsoever, of any kind. And history proves, these Fundamental Rights are not respected, if so required.

There are other elements that developed nations include in a democracy. These include accountability. The representatives are accountable to the people whose vote they won.

Applicability of rule of law across the board, toleration of political differences in opinions, ensuring peoples participation in running of government. Yet others include economic freedom, human rights, controlling abuse of power by govt and other officials and so on.

In Pakistan, there exists no base of a democratic groundwork. Above all, there is no accountability of those in power. Till they are in power. The tales of misdemeanor, corruption and ill-gotten gains start pouring out once that government is out of power. The birds have flown by then.

How can then, we, the people of Pakistan exercise power over our representatives that we send to assembly? Until this is addressed, it will continue as a vicious cycle. Putting on board any Tutti Frutti concoction will never, but never deliver.

‘None of the above’ option: NOTA on ballot paper. Thereby rejecting all contesting candidates in a constituency. This is in line with the core spirit of democracy. If the voter is allowed the chance of rejecting all-it offers him a broader base than to choose between the Devil and the Black Sea. Otherwise people will be refraining from voting because they do not want to vote for the same ‘electable.’ In order for NOTA to have real-time value, it must have electoral value. If NOTA merely mean to state the number of people not willing to vote any contesting candidate in power on the ballot paper, they might as well not turn up to cast the votes. What weightage do the votes cast for NOTA signify if at all?

Therefore, a logical follow-up to this scenario should be to call for a by-election with fresh candidates in the above given scenario. This will make contestants more answerable to the people they represent. This will make them more answerable in terms of broken promises to people they represent. It will also make them more answerable to the people in cases where rampant corruption committed, if any. In the final analysis let the people decide whom to vote for. That is the essence of democracy. This should also mean they cannot be appointed as advisors and chairpersons of organizations.

If a 50% casting vote in any given constituency, cast vote o NOTA, those contenting must have their security confiscated and banned for contesting for 8 years.

Pakistan is not the first country to introduce NOTA. Various countries and territories like Bangladesh, the American state of Nevada, Greece and Columbia etc have incorporated the ‘No Vote” or “None of the above” option on their ballot papers. Canada and Spain etc do not specifically have this provision on their ballot papers, but they do allow their citizens the right to decline to vote or to leave the ballot papers blank in dissent. Former Soviet Union had this provision in 1991 and after its break-up; Russia had kept on giving this privilege to its voters till 2006.

End note to the powers that there are: going on the same tested and try method to deliver that has never delivered before will lead to same result. A zero. Give NOTA a chance. The people of Pakistan a chance to legitimately and democratically reject those they want to reject.

The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9.

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