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By Dr. Emanuel Adil Ghouri

The undemocratic electoral system for reserved seats for minorities in the national and provincial assemblies negates their democratic rights. Before 2002, minorities had the right to elect their representatives through their own votes. Although there were many problems in the electoral process that required attention, this system could have continued had those issues been resolved.

General Pervez Musharraf’s government introduced a modified form of proportional representation in 2002 to elect members to seats reserved for women and technocrats in the national and provincial assemblies and the Senate. Specifically, the following changes were made as part of the 2002 Legal Framework Order (LFO): the number of seats in the National Assembly was increased, including 60 for women and 10 for non-Muslims. This Legal Framework Order increased the number of seats for women but did not increase minority seats despite earlier promises. Rather, the right of minorities to democratically elect their representatives through their own votes was taken away, and the power to nominate candidates for minority seats was given to majority political parties, which could nominate representatives according to their numbers in parliament. In this way, the power to elect representatives for 10 million minorities was entrusted to a few members of political parties—an arrangement completely contrary to democratic principles.

Some critics argue that this process is a “selection” by parties rather than an “election” by the minority community, since minority voters do not directly vote for these representatives. These reserved seats are often filled by individuals who are neither qualified nor representative of their perceived voters. Because of this system, we have seen many people nominated to the national and provincial assemblies who do not even have the ability to win a councilor election from their own area. We have also seen many MNAs and MPAs who were nominated more than once and went to the assembly but did not participate in any legislation to solve the problems of their communities. As a result, many issues facing minorities remain unresolved. Whatever the original purpose of implementing the current system, it has caused political losses to minorities.

This system has made minorities political dependents instead of giving them political consciousness. Those who are nominated under this system are loyal to their parties, not to their communities. The impression was given that this system would provide dual representation to minorities—that they would have reserved seats in parliament and would also be able to contest elections on general seats. But this experiment has failed miserably because democracy here is biased.

There is a lack of openness and acceptance for people of other religions. We try to copy countries like Europe, America, and Britain, but we do not adopt their thinking.

Although all political parties seek decisive votes from minorities for the success of their candidates, they are wary of fielding a minority candidate on a general seat. If the principle of proportional representation is to be adopted, then these parties should issue five percent of their election tickets to minority candidates for general seats. In many constituencies of Punjab province, the number of Christian voters is between 50,000 and 55,000, yet Christian candidates are not given tickets for general seats in these constituencies. This is clear evidence of the narrow-mindedness of political parties and an admission that the majority population cannot elect its representative by voting for a non-Muslim.

Below is an excerpt from a fatwa by Allama Muhammad Yousuf:

“Vote should be given to a candidate who himself has the required qualifications and capabilities, whose party manifesto is also correct, and about whom there is satisfaction that he can take better steps for the people of the locality in religious and worldly terms. And since the non-Muslim candidate does not meet these conditions, therefore, it is better to vote for a Muslim candidate in his competition. Only by Allah, He knows best.”
Fatwa Number: 143909201460
Darul Ifta: Jamia Uloom Islamia, Allama Muhammad Yousuf Banuri Town

This fatwa reflects why political parties are hesitant to issue tickets to minority candidates on general seats.

To give minorities real democratic rights, it is necessary to restore their right to elect their representatives through their own votes. For a long time, Christian nationalist parties have been protesting on the streets, holding press conferences, seminars, protest meetings, and rallies, but the government is not paying attention. Now this demand has gained more strength because even the selected representatives sitting in parliament—who benefit from this system—recognize that real representation requires that minorities be given the right to elect their representatives with their own votes.

A few months ago, Christian members of the Punjab Assembly, Baba Philbous Christopher and Tariq Gul, made this demand while speaking on the floor of the assembly. Earlier, Member of the National Assembly Aamir Naveed Jeeva had also made this demand. Recently, Senator Khalil Tahir Sindhu, while speaking in the Senate, supported this demand.

I would like to respectfully request the senator that this is a constitutional issue, and the country is undergoing a period of constitutional amendments. You played a prominent role in drafting and presenting the 27th Constitutional Amendment that was recently introduced. How beautiful it would have been if you had included this demand in that amendment. The work that nationalist Christian organizations could not accomplish in twenty years would have been achieved by you, and your name would have been written in golden letters in the political history of Christians.

You still have a chance. The echoes of the 28th Amendment are also being heard. If you are sincere in your demand, then begin a series of meetings with your leadership, along with other Christian leaders, to have this demand included in the amendment and convince them to support it. In my opinion, there is no more influential minority politician in Pakistan than you at this time. I hope you will begin a serious effort and give minorities the hope of seeing this demand approved in the 28th Constitutional Amendment.