On December 22, 2008, IFES-Pakistan presented the conclusions of its study on the mechanisms for resolving challenges to election results in Pakistan following the February 2008 election. The study was presented to members of Pakistan's National Assembly and Senate Committees on Law, Justice, and Human Rights. The final report will be distributed to all members of Parliament and stakeholders in the coming weeks.
The study found that formal adjudication of challenges related to disputed election results was weak. Substantial administrative and procedural delays at all points in the election petition and tribunal processes undermined the ability to provide effective remedy and fair hearing to aggrieved candidates. Pakistan's High Courts tasked with resolving these disputes failed to meet the statutorily prescribed deadlines for adjudication of challenges.
The preliminary report found that the vast majority of challenges were not resolved within the prescribed statutory period -- with only 4 challenges to election results resolved by Election Tribunals during the mandated period for resolution. The setbacks were due in large part to delays at all levels of the Election Tribunal's processes. Administrative and court protocols, including filing formalities and antiquated case management systems, contribute to the substantial hold ups and present potential entry points for corruption. In addition, Pakistan's lawyers' use of traditional civil trial practice rules and techniques to resolve these challenges further delays and inhibits the effective and transparent resolution of the challenges.
Syed Zafar Ali Shah – Political party: Pakistan People's Party Parliamentarian (PPPP)
The Election Tribunal Monitoring project is the first of its kind to track and monitor comprehensively challenges to election results. IFES' methodology consisted of evaluating the Election Tribunal processes using the international standard that election dispute adjudications should be effective, fair, and transparent and include a public hearing adhering to principles of due process.
IFES has offered technical assistance to Pakistan's election authorities since 2002. Since then, IFES has advanced the democratic process through technical assistance to the election commission, training for legislators, public opinion surveys, and civic education campaigns. IFES’ programs help Pakistanis build democratic institutions and encourage the average citizen to continue working toward a free and fair representative political system. In 2006, IFES established an office in Pakistan, which helped build relationships with local institutions. IFES' work in Pakistan has been funded by United States Agency for International Development (USAID), the U.S. Department of State, and the United Nations.