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Pakistan - Corps électoral unique ou séparé ?
P.Y. Lambert, avril 2001
Depuis quelques mois, une polémique envenime les relations
entre les minorités religieuses, essentiellement chrétiennes,
hindouiste, sikh et ahmadie, et la dictature militaire en place qui a
commencé à organiser des élections locales en attendant
des législatives et des provinciales. Cette polémique concerne
la question des corps électoraux séparés entre la
majorité musulmane et les minorités religieuses, ces
dernières ne pouvant voter que pour des candidats non-musulmans. Un
appel au boycott a été lancé par les organisations
des minorités et a été largement suivi pour les
élections locales qui se déroulent progressivement depuis
le mois de décembre 2000.
Cette séparation des corps électoraux n'existait pas
à l'indépendance du Pakistan en 1947, elle n'a été
introduite qu'en 1978 par le dictateur Zia Ul-Haq, sous la pression
de certains islamistes. Les partis islamistes ne sont toutefois pas tous
sur la même longueur d'onde à ce propos, certains estimant la
séparation parfaitement justifiée, d'autres considérant
que le nombre d'électeurs non-musulmans est si faible qu'une telle
mesure est sans objet. Parmi les partisans de la séparation, il y a
aussi ceux qui affirment qu'elle rend possible la représentation politique
des minorités religieuses, qui risqueraient dans un système
de "Joint Electorate" d'être absentes des assemblées élues,
mais d'autre part des voix s'élèvent pour dénoncer le
fait qu'avec 10% de sièges réservés aux minorités
religieuses, celles-ci, qui représentent jusqu'à 45% de la
population dans certains districts, subiraient un véritable déni
de démocratie, les chefs de districts et de municipalités devant
quant à eux être musulmans. L'Eglise catholique romaine a
adopté des positions politiques très pointues sur
la question, et une campagne internationale de propagande est à
l'oeuvre à son initiative.
Il faut ajouter comme éléments du débat
pour en savoir plus: Les Ahl-al-Kitâb
http://ecumene.org/IIS/csss13.htm
ISLAM AND SECULARISM
Asghar Ali Engineer
(Secular Perspective, June 1-15, 1999)
(…) Yet another question which remains to be answered is about equal rights to all citizens in a country with Muslim majority. It is often argued that Muslims are reluctant to accord equal citizenship rights to religious minorities. No doubt there is some truth in this assertion but not the whole truth. Some Muslim majority countries certainly do not allow non-Muslims equal rights but many other countries do. We have already given examples of countries like Indonesia and Malaysia. Both countries, though have Muslim majorities, do allow all their citizens, including the non-Muslims, equal political rights. In Pakistan too, until Zia-ul-Haq's time, enjoyed equal citizenship rights and joint electorate. It was Zia who created separate electorate for non-Muslims.
In Qur'an, as pointed out elsewhere, there is no concept of state, nor of territorial nationalism. In fact religious scriptures are hardly supposed to deal with such questions. It no where states that it is obligatory for Muslims to set up a religious or a theocratic state. Qur'an does not refer, not even indirectly, to any concept of state. Its whole emphasis is on truth, justice, benevolence, compassion, tolerance and wisdom as far as life in this world is concerned. As long as people conform to these values, it does not matter what religious faith they belong to. They can coexist in peace and harmony. Thus the concept of a purely Islamic state is a historical construct attempted by Muslim jurists over a period of time. It is these jurists who laid down detailed rules of Shari'ah and also drew up a configuration of an Islamic state defining the rights of non-Muslims in such state. Moreover it was very different historical situation and the Qur'anic verses were interpreted under the influence of their own social and religious ethos.
The rights of non-Muslims, in other words, will have to be rethought and reformulated. The Qur'an nowhere states that religion can be the basis of political rights of the people. This was the opinion of Muslim jurists of the medieval period when religion of the ruler determined the status of the ruled. Such a formulation cannot be considered a necessary part of the political theory of Islam. The only model for this purpose can be the Mithaq-i-Madina and this Covenant, as pointed out above, did not make any distinction between people of one religion and the other in matters of political rights. This Covenant, at least in spirit, if not in form, provides a valuable guidance for according political rights to citizens of modern state irrespective of ones religion. It is unfortunate that the later political theorists of Islam almost wholly neglected this significant political document drawn up by the Prophet of Islam. In fact he was far ahead of his time in according non-Muslims equal religious and political rights. The theory of political rights in the modern Islamic state should be based on this document.
(…)
http://www.pak.gov.pk/public/news/pid/pid_March032000.html
MINISTRY OF INFORMATION
DAILY PRESS
SUMMARY
(03-03-2000)
The Election Commission has recommended that system of joint electorate, which was in vogue prior to 1978, as per original scheme of things under 1973 Constitution should be restored, giving up the existing system of separate electorate.(Frontier Post/APP).
Religious Perspectives on Human Rights - Weekly E-Newsletter (This weekly e-newsletter is issued by the Buddhist, Muslim, Catholic and Christian Groups on Human Rights initiated by the Asian Human Rights Commission)
Vol. 2. No.13: March 27, 2000
Abolition of Separate Electorate, in Pakistan
His Excellency,
Gen. Pervaiz Musharaf,
Chief Executive of Pakistan
Your Excellency, March 23, 2000
I have just finished watching your press conference regarding Devolution of Power on television. I appreciate that the government has worked out a detailed plan for devolution of power to the masses. However I would like to convey my disappointment about the halfhearted commitment made regarding abolition of separate electorate, a system based on religious apartheid. It was sad to note that your government is ‘still thinking’ about one of the gravest of the problems of the religious minorities. The non-Muslim citizens had to face discrimination and a sense of being left out in an important national plan.
The minorities in Pakistan have not only protested about this separatism but have clearly demanded restoration of Joint electorate, ever since the principle of equality of citizens was undermined 1979 and 1985. There is unanimity of thought among the human rights organizations about the detrimental characters and features of this electoral system. The indecisiveness of the government on issue is disturbing for religious minorities in Pakistan.
We have always contributed to development and building the nation, and I personally believe that minorities would be able to o more in nation building if only their belittled status as citizens is restored. I expect that your Excellency will soon make an announcement to remove doubts and to revive confidence, and due placement of he minority communities in the scheme of devolution of power.
My prayers and best wishes.
Fr. Emmanuel Yousaf Mani,
Vicar General, Archdiocese of Lahore,
Director,
National Commission for Justice & Peace
(Catholic Bishops’ Conference of Pakistan)
http://www.christianitytoday.com/ct/2000/115/45.0.html
Christianity Today Week of April 10, 2000
Pakistan's Christians 'Not Shocked' by Life Sentence for Former PM
Life has improved, persecution has
eased under new leader, say church leaders.
By Anto Akkara, Ecumenical News International, in New Delhi
(…)
The new government had already publicly stated that it would abolish Pakistan's electoral system based on religion, Chaudhry said. "We are very happy about this. This has been one of our main demands."
The electoral system, introduced in 1985, excludes minorities, including Christians, from the political mainstream—Christians are confined to a separate electorate in which they are allowed only to choose four Christian members in the 247-member national assembly.
Victor Azariahs also welcomed comments on 7 April by the Pakistani interior minister, Moinuddin Haider, who spoke about restoring the "joint electorate." But Azariahs said that while Christians "eagerly" awaited legislation "to end the irrelevance" of Christians in Pakistan, churches also wanted a swift restoration of democracy.
http://www.indiaexpress.com/news/world/20001128-2.html
Confusion besets Pakistan over minorities’ participation in local poll
28th Nov 2000 21.26 IST
Utter confusion prevails in Pakistan
over participation of minorities in the forthcoming local bodies elections,
with leaders of the minority groups threatening to go the supreme Court if
they are barred from contesting.
Dr Mahesh Kumar Malani, Chairman of the minority wing of the Pakistan
People’s Party (PPP) made strong appeal to the Federal Government to
clarify its stand on participation of minorities in the elections, to be
held in several phases from December next the Daily News reported on
Tuesday.
"If minorities were barred from contesting local bodies elections, they will
take the matter to the supreme Court of Pakistan and will hold protest
demonstrations", he further stated.
He said the Government has not made it clear whether non-Muslims could be
Nazim(head) of the local body. Some district of Sindh like Tharparkar and
Umerkot district have more than 45 per cent of minority population.
Mr. Malanai said if the minority community is denied their right it would
be great injustice to them. The minority community does not know as how many
seats in the Union Council would be given to them on the basis of 10 per
cent votes.
-UNI
http://saag.org/notes2/note105.html
South Asia Analysis Group
Notes and Updates
GEN. MUSHARRAF & THE ISLAMIC PARTIES
A Junta within Junta?
by B.Raman
RESTORATION OF ISLAMIC PROVISIONS OF 1973 CONSTITUTION AND ACTION AGAINST AHAMADIYAS
Addressing a Press conference at Mansehra on November 5,1999, Maulana Fazlur Rahman said: "We are not happy with the appointees in the Federal Cabinet. Some of them are suspected of links with the Jewish and Qadiani lobbies. The Qadiani lobby is extremely happy with the suspension of the Constitution because in the interim orders, the Islamic provisions of the Constitution have not been protected. "
Speaking at Charsadda on November 6,1999, Qazi Husain Ahmad said: " Conspiracies are being hatched to do away with the 1973 Constitution in a bid to dissociate the country from its Islamic moorings. The Constitution is a document of consensus, which incorporates the Objectives Resolution, declares the Qadianis to be infidels and provides the basic qualifications of a member of parliament. Efforts at sabotaging the Constitution would only please those imperialist forces who want to harm and enslave the Muslim Ummah."
Addressing a party convention at Mansoora on November 7,1999, Qazi Husain Ahmad called upon Gen.Musharraf to take steps for the supremacy of the Holy Quran and the Sunnah, the Islamic system of justice, the eradication of obscenity and vulgarity from the media and the restoration of Friday as the weekly holiday.
Addressing the Islamabad Bar Association on November 22,1999, the Qazi said: "The present military Government is not the last hope, but a continuation of the establishment. It would be wrong to have large expectations from it. The National Security Council mainly comprised, with few exceptions, men from the IMF, the World Bank and other foreign donor agencies who hold the interests of their foreign lords dearer than the national interests. To seek US approval instead of Allah's blessings is a mistake. There have been some positive trends in the Army in recent years. Its Islamic ideological identity has been strengthened. Its spirit of martyrdom has grown."
In a Press interview at Karachi on January 29,2000, Maulana Fazlur Rahman said: " Since the Provisional Constitution Order (PCO) of October 14,1999, does not protect the Islamic provisions guaranteed in the Constitution, Pakistan's identity and ideology are unsafe.
" The provision of Islamic faith in the text of the fresh oath taken by the judges of the superior judiciary has also been deleted, which has hurt the sentiments of the nation.
" The Qadianis are happy that the Constitution has been held in abeyance and suspended. They are being posted in key positions in the Government, including the National Accountability Bureau."
In a statement issued on February 23,2000, a spokesman of the Ministry of Law, Justice and Human Rights, said: "On the coming into force of the Proclamation of Emergency of October 14,1999, whereby the Constitution of the Islamic Republic of Pakistan has been held in abeyance and, as a consequence thereof, unjustified doubts have arisen regarding the enforcement of the Islamic provisions in the Constitution and the provisions relating to the Qadianis as contained in Clause (3) of Article 260.
" Article 2 of the Provisional Constitution Order No.1 of 1999 provides that notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, Pakistan shall be governed, as nearly as may be,
in accordance with the Constitution of the Islamic Republic of Pakistan.
" The relevant Islamic provisions, including Clause (3) of Article 260 of the Constitution of the Islamic Republic of Pakistan, are not in conflict with the October 14, 1999, Proclamation of Emergency and the PCO NO.1 of 1999. These provisions and those of Clause (3) of Article 260 of the Constitution continue to be in force and the position of persons belonging to the Qadiani group or the Lahori group (who call themselves Ahmadis) as non-Muslims remains unaltered and persons belonging to these groups continue to be non-Muslims for the purpose of the Constitution and the law."
The third international Sunni conference held at Multan on April 2,2000, demanded the enforcement of the Shariah in the country and the removal of all Ahmadiyas from key posts in the Government.
In a statement on April 4,2000, the Council of Islamic Ideology denied allegations against the Government by the Islamic parties that the lack of any reference in the PCO issued by Gen.Musharraf after assuming power on October 12,1999, to the clause of the 1973 Constitution declaring the Ahmadiyas as non-Muslims meant the anti-Ahmadiya provisions were no longer in force. It said: "There should be no doubt that persons belonging to the Qadiani group or the Lahori group, who call themselves Ahmadis, continue to be non-Muslims."
After a joint meeting at Lahore on June 3,2000, leaders of 16 religious parties of Punjab threatened to start an agitation against the Government if it did not include in the PCO the Islamic clauses of the 1973 Constitution, enforce the laws against the Ahmadiyas, restore Friday as the weekly holiday and ban the anti-Islamic and anti-State activities of non-governmental organisations (NGOs). The meeting opposed the introduction of the joint electorate system and equal number of seats for women in the local bodies.
It accused the Government of damaging the confidence of the public and traders and businessmen in order to implement the conditionalities of the IMF. It warned that the increasing gap between the Government and the traders would spell destruction for the country and expressed solidarity with the traders in their agitation against the Government's drive for the documentation of their businesses in order to end tax evasion.
Succumbing to pressure from the Islamic parties, the Government promulgated an ordinance on July 15,2000, incorporating the Islamic provisions of the 1973 Constitution in the PCO. Apart from declaring the Ahamadiyas as non-Muslims, these provisions, inter alia, lay down that "all existing laws shall be brought in conformity with the injunctions of Islam and no law shall be enacted which is repugnant to such injunctions."
Commenting on this, the "Newsline" wrote the next day: " The Government needs to stop dithering, refrain from sending mixed signals simply for the sake of political expediency and halt the Talibanisation of this land by the dark forces of extremism."
The "Nation" wrote: " The perception has been strengthened that the religious parties are setting the agenda for the Government."
JOINT ELECTORATE
It was reported on May 8,2000, that the Election Commission has recommended the restoration of the joint electorate system as prevalent before 1978. It felt that apart from giving the minorities a greater sense of participation in the political process, it would simplify the administrative work of the Commission. All the Islamic parties have demanded its withdrawal.
Suffrage Universel, un site indépendant
consacré à la participation politique des minorités
ethnonationales et religieuses
accueil -
droit de vote des
étrangers- partis
ethniques - sièges réservés,
quotas
Allemagne -
Belgique -
Danemark -
Etats-Unis -
France -
Pays-Bas -
Royaume-Uni