The seat being contested was vacated due to the appointment of ex-MLA (Member of Gilgit-Baltistan Legislative Assembly) Pir Karam Ali Shah as Governor of Gilgit–Baltistan. Pir Karam Ali Shah had won the 2009 General Election in this constituency.

Only one polling booth was available in each of the 51 polling stations (of which 13 stations were for males, 13 for females and 25 for both combined) by the Gilgit-Baltistan Election Commission (GBEC). This provision was made irrespective of the number of voters at polling stations. As well as the lack of sufficient polling booths, only three to four member teams of election staffs were managing each polling station. As many as 28,071 voters are registered in Ghizer-I; 14,896 male and 13,175 female. Such inadequate staffing and arrangements make it difficult for voters to exercise their right to vote.

Procedures in Gilgit-Baltistan elections are more relaxed than elsewhere in the country. Voters must provide photographic identification, but not computerized national identity cards; and election staff are not required to take thumb impressions and fill counterfoils. The national norm, however, is to require these procedures, which are imperative to eliminate the likelihood of fraudulent voting.

FAFEN observed suspicious voting patterns at 16 polling stations, where the pace of voting was more than 45 votes per hour. If polling is very efficient and each voter takes approximately a minute and 30 seconds for processing (checking of name, checking of identification, issuance of ballot paper, going behind secrecy screen, stamping a ballot and returning the stamp to the polling officer), no more than approximately 45 votes  could be cast in an hour at a booth. The higher rate of votes cast per hour at observed election posts suggests irregularities in voting procedures.

FAFEN deployed 10 trained observers on Election Day to monitor more than 90% of the polling stations in the constituency. Observers spent between 45 and 60 minutes in each polling station to document their observations and findings on a standardized checklist.

While FAFEN managed to observe the polling processes at more than 90% of polling stations, its observers also monitored the counting process at 9 randomly sampled polling stations. According to FAFEN observers reporting from these 9 randomly sampled polling stations (2 of which were for males, 4 for females and 3 combined) the turnout was high at 67.27 percent. The turnout at male polling stations was recorded at 68 percent, 66.8 percent at female polling stations and 67.6 percent at combined polling stations. However, these turnout figures are based upon a skewed sample and the constituency turnout figures may vary from the sampled polling station.

This preliminary report is based on our observation of polling processes of 33 polling stations – 9 male, 9 female and 15 combined. The detailed FAFEN report on this by-election will include the findings from all the observed polling stations.

Some of FAFEN’s key findings include:

1. Suspicious Voting Patterns

There were 16 polling stations where FAFEN observers recorded suspicious voting patterns. If polling is very efficient and each voter takes approximately a minute and 30 seconds for processing (checking of name, checking of identification, issuance of ballot paper, going behind secrecy screen, stamping a ballot and returning the stamp to the assistant presiding officer), no more than approximately 45 votes  could be cast in an hour at a booth.  However, the rate of voting was higher than should be possible at the polling stations listed below. The following table gives booth-wise averages of polled votes per hour. An average higher than 45 brings into question the speed with which the voters were being processed.

2. Inadequate Arrangements and Staff

Only one polling booth was established in each of 51 polling stations, irrespective of the number of registered voters at polling stations. Only three to four member teams of election staff were responsible for managing each polling station, while the number of register voters varied from 200 to more than 1100. Such inadequate provision of staff and arrangements makes it difficult for voters to exercise their right to vote.

3. Voter Turnout

According to FAFEN observers reporting from 9 randomly sampled polling stations (2 male, 4 female and 3 combined polling stations) the turnout was 67.27 percent. The turnout at male polling stations was recorded at 68 percent, 66.8 percent at female polling stations and 67.6 percent at combined polling stations.

4. Unauthorized Persons Inside Polling Stations

FAFEN observers reported the presence of unauthorized people in 3 of the observed polling stations. At 32 polling stations, security officials were present inside polling stations and polling booths. Under electoral rules, even at sensitive polling stations, the police are only authorized to maintain order outside polling stations in order to ensure smooth polling. They can only enter polling stations or booths when requested to do so by the presiding officer. At one polling station, paramilitary troops were observed to be present inside the polling station. At 2 polling stations, government officials were present inside the building, and at one polling station the workers of political parties were observed to be present inside polling station.

5. Campaigning and Canvassing around Polling Stations

FAFEN observers reported from 31 polling stations that the workers of contesting candidates were campaigning and canvassing within 400 yards of polling stations, in violation of election laws. Armed civilians were also observed to have been present at party camps around one polling station. Such a display of arms inhibits voters from turning out to vote, as well as leading to the possibility that votes are cast under pressure.

6. Partisan Election Officials and Breach of Right to Secret Voting

FAFEN observers reported from three polling stations that unauthorized persons were stamping ballots on behalf of voters. At another polling station, election officials themselves were observed to be stamping ballots on behalf of voters. Instances of the breach of the right to secret voting were observed at 2 polling stations, where unauthorized persons were going behind the voting screen to help voters. At one polling station, political party agents were observed to be going behind the secrecy screen with voters. In another polling station, irrelevant persons were observed to be accompanying voters while they were going behind the secrecy screen to stamp their votes.

7. Interference with FAFEN Observers

FAFEN observers were stopped from observing the voting and counting processes at Polling Station No. 29 (FG Boys School Pakora) by a polling officer. The GBEC allows accredited observers such as FAFEN to monitor all stages of the election, including the opening of polling stations, voting and the counting process.

FAFEN Recommendations

Having observed the aforementioned irregularities during the by-election, FAFEN recommends:

1. The Gilgit-Baltistan Election Commission (GBEC) should ensure that security officials perform only their designated duty of maintaining law and order outside polling stations, and do not attempt to manage election officials.
2. The GBEC should discipline all election officials who fail to enforce the election rules and laws.
3. To eliminate unauthorized people from being in polling stations:
   1. Polling Officers should be encouraged and provided adequate protection to use their magisterial powers.
   2. All polling officials must be required to carry their Government Service Cards to prove their identity on Election Day.
   3. Polling officials should ensure that only one polling agent representing each political party – and carrying proper identification from their party – is permitted in each polling booth.
   4. Only people carrying proper identifications should be permitted inside polling stations and allowed to vote.
   5. Adequate security checks should be performed in order to prevent unauthorized and armed persons from being in and around polling stations.
   6. All polling officials must be required to carry their Government Service Cards to prove their identity on Election Day.

1. Adequate training of all polling officials must be ensured for all by-elections to avoid serious procedural irregularities.
2. GBEC should refine its systems and procedures to make the polling process more transparent.
3. CNIC should be pre-requisite for vote registration and polling. Establishing the genuineness of a voter is the basic principle of transparency in any election.
4. Polling officials should ensure that all campaign materials and are removed from around the polling stations, and political parties are not allowed to camp nearby.

To download the report, click here

About FAFEN:The Free and Fair Election Network (FAFEN), a coalition of 43 leading Pakistani civil society organizations, was established in 2006 to observe election processes, educate voters, and advocate for electoral and democratic reform.

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These preliminary findings are based on information received so far from 150 Election Day observers with the Free and Fair Election Network (FAFEN). FAFEN’s initial findings are offered in order to provide useful information to electoral authorities, candidates, voters, the media, and other election stakeholders. A final FAFEN election observation report, to be issued in the coming days, will make recommendations for improvements in the electoral system based on all observer findings. Significant changes will be necessary for future Gilgit-Baltistan elections to meet national and international standards.

FAFEN deployed 22 trained constituency coordinators and 150 Election Day observers to monitor the Gilgit-Baltistan polls. Trained FAFEN observers visited more than 600 of 1,022 polling stations (59%) to observe the voting and counting processes on Election Day. Between November 8 and 11, 2009, FAFEN observers met election officials, candidates of all major political parties, political workers, and voters in order to gauge the efficiency and effectiveness of electoral administration, role of government institutions and functionaries, campaign strategies of political parties, and level of adherence to Code of Conduct for Political Parties and Candidates.

Preliminary Findings:

Data and observations from all FAFEN Election Day observers are still being received and tabulated. The following are preliminary findings based on information received from observers so far, as well as pre-election observation and analysis.

1.0 Erroneous Voter Lists

Erroneous or missing entries on the Voter Lists remained one of the major issues at most polling stations across Gilgit-Baltistan. These issues arose due to clerical errors, missing names of voters, wrong parentage, etc. At some polling stations (such as Boys High School, Jagir Basin in GBLA-1) scuffles broke out between agents of opposing candidates and polling staff because of problems with the voter lists. At Jagir Basin, the Assistant Election Commissioner had to intervene and appeal to voters to stay calm.

The Voter Lists were prepared in haste in only 18 days in September 2009, followed by a week-long Display Period to allow public scrutiny, and were sub-standard. People of age 18 or above were not required to possess Computerized National Identity Cards (CNICs) for registration as voters, although they would be required to show their CNICs to vote. The ECGB was aware of the errors and mistakes in the voter lists and had therefore allowed the Typed as well Enumerator’s Copy of the Rolls to be available at the polling stations for the Election Day.  Nevertheless, there were significant problems on Election Day because of the flawed lists.

2.0 Procedural Irregularities

Rules for various steps of voting and counting remain vague and unclear to polling officials, which led to irregularities that had implications for the quality of the election. Some major irregularities included:

2.1 Requiring Voters to Sign Ballot Receipts:  Many polling officials did not understand that voters should put their thumb mark on the ballot paper counterfoil (receipt).  Instead, at many polling stations voters were being asked to sign their names on the ballot counterfoil, which interferes with voting secrecy.

2.2. Too Few Booths for Voters:  At many polling stations, polling officials set up only one booth despite a high number of voters, slowing down voting. FAFEN observers in Ghanche reported that at many polling stations, all required staff did not turn up, causing chaos and delay as voters had to wait much longer than would have been the case if more booths had been set up.

2.3. Voting Secrecy Compromised:  The right of voters to stamp their ballots in complete secrecy was breached, particularly at female polling stations, where FAFEN observers reported that women voters were stamping their ballots in front of polling officers.

2.4. Photocopies of CNICs Accepted:  Polling officers were also not trained to distinguish between photocopy and original Computer National Identity Cards (CNICs). At many polling stations, FAFEN observers saw polling officials allowing voters to cast ballots if they only had color photocopies of CNICs, rather than the original, which is contrary to the election law. This flaw in the procedures might have allowed many fake voters to cast votes using photocopies of CNICs.

Before Election Day, FAFEN observers reported that polling officials had varied interpretations of clear instructions from the ECGB that CNICs were required for voting, notified by the CEC on November 5, 2009. Just one day before elections, FAFEN observers in Skardu reported that the DEC said the token for the CNIC is admissible proof of identity for voting.

2.5. Indelible Ink not Applied: FAFEN observers noted that indelible ink was not being applied on every voter’s thumb, especially at female polling stations, as required by election procedures.

2.6. Police in Polling Booths:  Police officers were standing inside the polling booths where ballot papers were being issued, according to FAFEN observer reports.

2.7. Closing Polling Early:  At many polling stations, particularly in Skardu and Ghizer, polling officers counted the ballots before the close of the official voting time period, which is contrary to election procedures and disenfranchises potential voters who might still have arrived before the stipulated polling station closing time.

2.8. Obstructing Election Observers:  Polling officials were also not clear about the kind of cooperation they were required to offer to independent election observers. At many polling stations, FAFEN observers were stopped from entering either by security or polling officials on the pretext that the Election Commission of Gilgit-Baltistan (ECGB) Accreditation Card was not sufficient and that observers required a letter from the Deputy Commissioner.

2.9. Unauthorized People in Booths:  Polling officers also did not keep control on the movement of unauthorized persons inside polling stations, according to many FAFEN observers. The presence of persons other than voters, polling staff and accredited political party agents inside polling places is contrary to election law and has the potential to intimidate voters and prevent people from voting freely. In some polling stations, unauthorized persons and agents were also seen watching voters stamping their ballots.

3.0 Election Administration

Elections to Gilgit-Baltistan Legislative Assembly were held under Gilgit-Baltistan Legislative Assembly (Elections) Order 1975 (Amended up to 2009). The primary responsibility for the conduct of elections lies with the Election Commission of Gilgit-Baltistan (ECGB) headed by the Chief Election Commissioner (CEC), who was appointed less than a month before the elections.   The following are some of the issues that must be addressed before the next elections in Gilgit-Baltistan.

3.1. Vague Electoral Procedures: Electoral rules pertaining to preparation of Voter Lists, election complaints, role of government, voting and counting, and consolidation of votes need to be clarified in order to enhance enforcement and ensure equitable implementation of all election rules.

3.2. Understaffed ECGB: The ECGB is understaffed and lacks financial and technical resources to carry out the electoral exercise in 23 constituencies on short notice. With 13 staff, including support staff, and un-defined management structure, the ECGB had to rely on the assistance of government officials to conduct the elections. The Deputy Election Commissioner, who had been supervising the election administration, was posted out as Deputy Commissioner of Hunza, leaving the important position vacant at a critical stage two days before elections. Deputy Commissioners have been co-opted to act as District Election Commissioners (DECs) without being under the direct supervision of the CEC, compromising uniform implementation of the election law.

3.3. Shifting Polling Stations: Despite publication of the list of polling stations by the ECGB, election authorities at district level shifted the venues of polling stations a night before elections. Reports from Sihgar area of Skardu, Diamer and Gilgit suggested such last minute changes in the venues of some polling stations. The last minute changes are against the election law, cause problems for voters and candidates, and raise questions about the motives of such changes.

3.4. Absence of Polling Schemes: The ECGB did not release the polling schemes, which also include the names of polling staff to be deputed at various polling stations. As a result, candidates from almost all constituencies reported to FAFEN that polling officials were being changed until a day before elections. While such changes are occasionally necessary, they are contrary to election procedures and compromise the integrity of the process.

3.5. Mismanaged Postal Ballots: Despite assurances to FAFEN by the ECGB, the number of postal ballots issued and received before elections were not made public before the Election Day. There were also confusions about the procedures and deadline for casting postal ballots, leading to arguments at the offices of many Returning Officers.  Postal ballots can change the results of elections and must be handled according to official procedures in order to count every vote and protect the process.

4.0 Government Interference

Despite legal restrictions on the use of state and government resources in favor of a party or a candidate in any election, functionaries of the federal government, including the Prime Minister and more than 10 other Ministers,  not only campaigned for the Pakistan People’s Party (PPP), but also used state resources and authority to make policy- decisions that had election implications.

Promises of development funds and schemes, incentives to government employees, and announcement of administrative up-gradation of remote areas supported the election campaign of candidates fielded by the PPP in 23 constituencies of seven districts, creating un-level playing field for other political contestants. The Prime Minister’s public speech in Skardu two days before elections was a clear case of political influence over the vote in favor of his party’s candidates.

Similarly, Baitul Maal and Benazir Income Support Program Funds were used by candidates of a party to woo voters. Hundreds of thousands of forms for these programs, in original and photocopies, were found circulating in Gilgit-Baltistan during the election campaign.

Senior leaders from Punjab and NWFP governments also used official resources to travel and campaign for the candidates of their respective parties. The Governor also sided with the candidates of his party at a time when he had the official responsibility to protect the neutrality of the elections.

To download the report, click here

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FAFEN has deployed 23 constituency coordinators in as many constituencies and about 150 Election Day Observers will observe more than 600 of a total of 1022 polling stations to be set up by the Election Commission Gilgit-Baltistan (ECGB) for November 12 election. FAFEN is currently seeking accreditation for its observers. Election to one constituency in Ghizer district, however, has been postponed due to the death of a candidate.

The Chief Election Commissioner Gilgit-Baltistan has already instructed the District Election Commissioners/Deputy Commissioners to facilitate FAFEN observers to the effect. The Chief Secretary has expressed his support for independent observation of the electoral exercise.

FAFEN Recommendations for Rule-Based Voting:

while FAFEN will release its pre-election observation report on November 11, 2009, it makes the following recommendations to ECGB in order to ensure an election that reflects the will of the voters.

The Election Commission Gilgit-Baltistan MUST:

1.         Instruct all Returning Officers, Assistant Returning Officers, Polling Officers and Assistant Polling Officers to strictly enforce the condition of the Computerized National Identity Card for voting in order to ensure that only genuine voters are using their right to adult franchise;

2.         Instruct all Returning Officers, Assistant Returning Officers, Polling Officers and Assistant Polling Officers to strictly enforce a complete ban on unauthorized persons inside the polling stations;

3.         Instruct government and security officials to not enter polling stations unless their assistance is specifically solicited by Returning Officers, Assistant Returning Officers or Polling officers;

4.         Ban announcement of results for constituencies with more than 100 percent voter turn out in any polling station until re-polling at such polling places;

5.         Ensure women are not prevented from voting in any polling station, and female polling stations and booths are set up and functioning as specified in Polling Schemes;

6.         Issue categorical instructions to all Returning Officers, Assistant Returning Officers, Polling Officers and Assistant Polling Officers to allow independent election observers to monitor the voting and counting;

7.         Ensure all candidates get gazetted Polling Schemes as early as possible;

8.         Announce the constituency-wise details of the Postal Ballots cast before the polling day and ensure that postal ballots arriving later than the deadline are not counted;

9.         Instruct all Polling Officers to clear the area within 100 yards of polling stations of all campaign materials;

10.       Instruct all polling and security officers to ensure that no party or candidate is campaigning or making other attempts to influence voters within 400 yards of polling stations;

11.       Instruct all Polling Officers to make adequate arrangements to ensure that voters are stamping ballots in complete secrecy;

12.       Instruct all Polling Officers to show empty ballot boxes to all polling agents before the start of polling and seal each ballot box in line with ECGB instructions;

13.       Instruct all Assistant Polling Officers to apply indelible ink to each voter’s thumb in order to minimize the incidence of multiple voting;

14.       Instruct all Polling Officers to disallow polling agents from communicating with voters inside polling stations in order to ensure that voters are casting ballot in an atmosphere free of coercion and influence;

15.       Instruct all Polling Officers to keep and count challenged ballots separately;

16.       Instruct all Returning, Assistant Returning and Polling Officers to follow ECGB rules for counting and consolidation of votes;

17.       Instruct all polling officers to display a copy of the Statement of the Count at each polling station as soon as it is finalized and signed by polling agents present.

Election Backgrounder

Election to Gilgit-Baltistan Legislative Assembly will be conducted under Gilgit-Baltistan (Empowerment and Self-Governance) Order 2009 promulgated by the federal government in August 2009. Under the new arrangements, people of the Northern Areas will directly elect 24 members in as many electoral constituencies spread over seven districts to form the Legislative Assembly. The Assembly will also have 6 reserved women and 3 reserved technocrat seats to be filled through indirect elections.

According to data provided by ECGB, the number of registered voters in Gilgit-Baltistan is 717,286 as against the estimated population of 1,141,970. Of the registered voters, 46.34 percent are women and 53.66 percent are men. The voter registration in Gilglit-Baltistan was carried out between September 1 and 18, 2009 followed by a week-long Display Period. While people of the age of 18 or above were not required to possess Computerized National Identity Card (CNIC) for registration as voters, they must be required to show their CNIC to vote.

Out the 1022 polling stations, the ECGB has declared 272 polling stations either sensitive or very sensitive, making up for 26.61 percent of a total of 1022 polling stations. The following is the district-wise details of such polling stations:

As many as 264 candidates[1], 99 fielded by political parties and 165 independents, are contesting for 24 Legislative Assembly – 22 candidates are contesting for Gilgit-1, 18 for Gilgit-2, 13 for Gilgit-3, 15 for Gilgit-4, 19 for Gilgit-5, 16 for Gilgit-5, 6 for Skardu-1, 5 for Skardu-2, 3 for Skardu-3, 9 for Skardu-4, 7 for Skardu-5, 2 for Skardu-6, 14 for Astore-1, 23 for Astore-2, 11 for Diamer-1, 13 for Diamer-2, 7 for Diamer-3, 6 for Diamer-4, 21 for Ghizer-1, 14 for Ghizer-2, 4 for Ghanche-1, 4 for Ghanche-2 and 4 for Ghanche-3.

As many as 10 political parties have fielded their candidates for the November 12 election. The following is the party-wise, constituency-wise details of candidates:

To download the report, click here

About FAFEN: The Free and Fair Election Network (FAFEN), a coalition of thirty leading Pakistani civil society organizations, was established in 2006 to observe election processes, educate voters, and advocate for electoral and democratic reform. 

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