lec ir E tion Fa N e & t w e e o r r k

F

FAFEN

FAFEN Parliament Monitor of

(July 2011 - March 2012)

Free and Fair Election Network www.fafen.org Abbreviations

ANP BNPA Balochistan National Party (Awami) CAN Calling Attention Notice CCP Competition Commission of Pakistan CDA Capital Development Authority FATA Federally Administered Tribal Areas IND Independent Member ISAF Internationa Security Assistance Force JUIF Jamiat Ulema-e-Islam (Fazlur Rehman) JWP MMAP Mutihida Majlis-e-Amal Party MQM Muttahida Quami Movement NATO North Atlantic Treaty Organization NEC National Economic Council NFC National Finance Commission NP National Party OGRA Oil and Gas Regulatory Authority PIA Pakistan International Airlines PKMAP Pakhtoonwa Milli Awami Party PML Pakistan PMLN (Nawaz) PMLF Pakistan Muslim League (Functional) PO Points of Order PPPP Pakistan People's Party Parliamentarians PPPS Pakistan People's Party (Sherpao) PW Parliament Watch QoP Question of Privilege SSGC Sui Southern Gas Company

This report is based on direct observation of the Senate proceedings conducted by CPDI-Pakistan, a member organization of FAFEN. r o t i

Executive Summary n o

National security issues, political instability and executive-judiciary tension largely dominated the proceedings M t of the nine sessions of Senate held during July 2011 to March 2012. During this period, the had to n respond to urgent matters such as the NATO raid on a Pakistani border post in Salala killing 24 soldiers, multi- e m

sector governance crisis, and the situation in Balochistan. Senators highlighted lack of security, widespread a i l sectarian violence, missing persons and the alleged human rights abuses in the province r a

However the constitutional consensus in the form of the 18th amendment restoring the 1973 Constitution and P fulfilling the long standing demand of giving provinces autonomy achieved another landmark by passing the N E

20th constitutional amendment, showing that the parliamentary democracy is coming of age in Pakistan. F A

In a welcome change from the past practice of the government dominating the legislation, during this time F period, the Senate also passed the bills brought in by Private Members. Three Private Members' Bills, all pro- women, were passed.

The Domestic Violence (Prevention and Protection) Bill for the safety of women and children, protecting from AN any physical, psychological and verbal abuse within homes and at workplaces was passed in the 78th session. The Criminal Law (Amendment) Bill 2011 (Amendment of section 332, insertion of new sections 336A and 336B in Act XLV of 1860 and amendment of Schedule II of Act V of 1898) addresses the regulations to govern AKIST manufacture and supply of acid and the crime itself. According to the bill, any crime that causes hurt to the victim through dangerous means or substances (including fire, heated substance, poison, corrosive substance or acid, explosive or arsenic substance) through contact with the human body (including inhalation or swallowing)

is punishable by a prison term which may extend to the culprit's entire life, or a fine not less than Rs 500,000, or TE OF P both. To protect women from the practices depriving them from inheriting property, including forced marriages (badal SENA e suhl, wanni and sawara) and the practice of marriage with the Holy Quran, the Upper House passed the Criminal Law (Amendment) Bill 2011. An important amendment in the law was the insertion of a new section 402D in the Code of Criminal Procedure, which bars a provincial government from suspending, remitting or commuting any sentence passed in a case of rape under Section 376 of the . Additionally the Upper House passed 14 treasury-backed bills, including the 20th Amendment of the Constitution, consolidating the process of change of governments and caretaker/interim governments. Before March 2012, the total membership of the Senate was 100, which after the 18th amendment was increased to 104 – four Senators representing the minorities of Pakistan. After the elections in March 2012 to half of the seats in the Upper House, the parties like JIP, PKMAP and JWP lost representation as they had boycotted the 2008 general elections. The former ruling party PML lost majority in the House as it fared badly in those elections. On the other hand the ruling party PPPP, for the first time in Pakistan's parliamentary history, gained majority in the Upper House. According to Article 59 of the constitution, the Upper House has 23 Senators from each province, eight from FATA and four from . The 23 seats in Senate allocated to a province are made up of 14 general seats, four each reserved for women and technocrats along with one for a minority Senator. Though a Senator's term is six years, half of the total Members retire after every three years and elections are held for new Senators. 1 The issue of missing persons' and the NATO raid on Salaha check post were addressed by adopting Resolutions. During the nine sessions Senators asked 755 questions – 735 Starred and 20 Un-Starred. The ministries provided answers to most of them (673) while leaving 78 unanswered and four partially answered. In other words the Upper House provided full replies to 89% of the total questions asked during the nine sessions. During the 73rd session, all 35 starred questions were answered. Out of the total 755 questions, the most of (164) were directed to the Cabinet Secretariat, followed by the Ministry of Finance and Revenue and the Ministry of Communications (69 each). Thirty-eight Senators asked 755 questions during the nine sessions. Though no female MQM Senator asked any question, only one male parliamentarian of the party asked 102 questions. Additionally none of the two ANP women Senators asked any questions while their four male colleagues asked 80 questions. Amid Pakistan's frayed ties with the United States in the backdrop of the NATO supplies which were closed following the attack on Salala check post killing 24 Pakistani soldiers, 60 questions were directed to the Ministry of Foreign Affairs. Senators were also keen to know what was being done to overcome the energy crisis, especially power outages, as they asked 57 questions concerning the Ministry of Water and Power. Additionally, six out of 10 Calling Attention Notices appearing on the Orders of the Day were taken up by the House. Another highlight of the reporting period was the approval of new rules for the Upper House. The Rules of Procedure and Conduct of Business, which replace the rules approved in 1988, have introduced significant changes like making ministers' presence in the House mandatory during the Question Hour and abolishing discretionary powers of Chairman to appoint the Leader of the Opposition. The Chairman will now seek written applications from Senators nominating their Leader of Opposition. After verifying signatures, the Chairman will declare a Senator having support of the most colleagues as Leader of the Opposition. Similarly the new rules also introduce the Prime Minister's Question Hour. As the Senate does not make public the attendance records of members, FAFEN conducts a headcount at the start and the end of each sitting. The attendance of Senators remained low, as on average 21 legislators were present at the beginning and 25 at the end of a sitting. The lowest number of Senators in a single sitting at the outset was, 12 and 19 at the end during the 77th session. The Leader of the House was present in 31 sittings. His counterpart – the Leader of the Opposition – attended 22 sittings. The Chairman attended 45 sittings, while the Deputy Chairman was there for 22 sittings. Introduction The Free and Fair Election Network (FAFEN) is a nationwide coalition of 42 civil society organizations working to strengthen all forms of democratic accountabilities in Pakistan. Currently FAFEN is implementing its S u p p o r t i n g T r a n s p a r e n c y , Accountability and Electoral Processes The PW employs direct observation as one of the tools to in Pakistan (STAEP), covering 119 evaluate parliamentary proceedings with the following districts. indicators: Launched in 2008, the Parliament Watch 1. Transparency: Government accountability requires transparency in decision-making and policy implementation.

r (PW) aims at generating objective and

o Transparency refers to the amount and quality of information t statistically sound information about i

n parliamentary performance to foster available to the public as well as timely and clear information o informed engagement between the communicated within legislative bodies themselves. Inclusive M constituents and their elected and strong decisions can only be made when all legislators are t

n representatives. Universal access to well-informed about parliamentary proceedings. e information about national legislative

m 2. Participation: Active and responsible participation of all

a processes is an essential component of i members is crucial for the business of the parliament to be l r democracy. A society cannot be truly meaningful. Their participation can be judged through various a

P democratic until constituents know indicators, like attendance of parliamentary leaders and others about the person they are voting for, and N and their active involvement in parliamentary discussions and E whether or not these representatives are

F activities.

A fulfilling their responsibilities. Since F there is a dearth of publicly accessible 3. Responsiveness, Representation and Oversight: information about political decision- Parliament's responsiveness means members' collective making processes – parliamentary actions on issues of public interest which are raised and deliberations – the PWP is an effort to discussed on the floor of the House through legislation, bridge this gap. This report aims to resolutions or any other agenda item. The responsiveness of the 2 contribute towards creating a more government to the public is measured in terms of parliamentary informed citizenry and an increasingly oversight and effective implementation of policy decisions. responsible . Parliament's executive oversight function is mainly carried out through questions and parliamentary committees.

g From July 2011, FAFEN also started r 4. Parliamentary Output: Parliamentary output primarily o observing the provincial assemblies – . appears in the form of legislation and resolutions. The quantity n Punjab, Sindh,

e and quality of such output is indicative of legislature's efficiency. f and Balochistan – and the Senate. a

f Considering legislation on matters of national significance . FAFEN observations of the Senate through careful debate and discussion is arguably a w proceedings are recorded on a

w legislature's chief function. Legislation appears in the form of standardized form based on the rules of w government bills and private members' bills. procedure. This information is included in the PW database maintained at the 5. Order and Institutionalization: Order and institutionalization FAFEN Secretariat. The analysis is of members are important for an efficient and productive compiled in the form of daily fact-sheets legislature. Order may be measured, for example, by the and session-wise reports, which are conduct of members and the chair's effective management of disseminated to the general public, parliamentary business. Institutionalization refers to members' media, civil society organizations, understanding and compliance with rules of procedure for parliamentarians, political parties and parliamentary business. r o t i

other relevant organizations and institutions. The PW also produces thematic reports such as participation of n women members, etc. o M

This report is an analysis of the performance of the Senate from July 2011 to March 2012. During this period, nine t n

regular sessions were held. The Senate elections took place during the 80th session. e m a i l r

1.0 Session Duration a P

This section deals with the duration of Senate sessions held between July 21, 2011 to March 12, 2012 - the N E

attendance of members and maintenance of quorum (at least 1/4th {26 members} of the total membership). F A

Before March 2012, the total membership of the Senate was 100, which after the 18th constitutional amendment F increased to 104 - four senators representing the minorities of Pakistan. After the elections in March 2012 to half of the seats in the Upper House, the parties like JIP, PKMAP and JWP lost representation as they had boycotted the 2008 general elections. The former ruling party PML lost majority in the AN House as it fared badly in those elections. On the other hand the ruling party PPPP, for the first time in Pakistan's parliamentary history, gained majority in the Upper House.

According to Article 59 of the constitution, the Upper House has 23 Senators from each province, eight from AKIST FATA and four from Islamabad. The 23 seats in Senate allocated to a province are made up of 14 general seats, four each reserved for women and technocrats along with one for a minority Senator. Though a Senator's term is six years, half of the total members retire after every three years and elections are held for new Senators.

Elections for the Upper House depend on the party positions in the provincial assemblies and the National TE OF P Assembly. Elections to fill the seats allocated to each province are held in accordance with the “system of p r o p o r t i o n a l r e p r e s e n t a t i o n b y m e a n s o f t h e s i n g l e t r a n s f e r a b l e v o t e ” . SENA

FATA Senators are elected by the MNAs from the area whereas the four Senators on the reserved seats from Islamabad are elected by the members of the National Assembly. FAFEN monitors observed that the quorum was noticeably lacking during various sessions and was mostly not pointed out. No sitting started on time. On average, each one started 52 minutes late. This section also reviews the presence of the Chairman, Deputy Chairman, and Leader of the House, Leader of the Opposition and parliamentary leaders, and the overall attendance of the members. Since the Senate secretariat did not make public information on members' attendance and the time they spent in the assembly, it was therefore difficult to ascertain how much time a member actually spent in the House. FAFEN conducts a headcount of members at the start and the end of each sitting. 1.1 Session Duration Between July 21, 2011 and March 12,, 2012, the Senate held nine sessions that lasted 117 hours and 24 minutes. The 77th session comprising 19 sittings was the longest while the 80th was the shortest. A total of 49 sittings – on average 5.4 per session – were held. Each sitting lasted an average of two hours and 22 minutes, and faced an average delay of 52 minutes. Average Delay 3 Session Sittings Date Session Time (Minutes)

72nd 2 21st July 2011 - 22nd July 2011 Nine hours and 27 minutes 33 73rd 4 12th September 2011 - 19th September 2011 Seven hours and 40 minutes 70 74th 8 26th October 2011 - 04th November 2011 17 hours and 17 minutes 40 75th 2 2nd December 2011 - 7th December 2011 Two hours and 34 minutes 55 76th 7 09th December 2011 - 20th December 2011 13 hours and 36 minutes 37 77th 19 17th January 2012 - 10th February 2012 42 hours and 50 minutes 37 78th 2 17th February 2012 - 20th February 2012 5 hours and 29 minutes 81 79th 4 6th March 2012 - 9th March 2012 11 hours and four minutes 45

80th 1 12th March 2012 Seven hours and 17 minutes 68

Total 49 Sittings 117 Hours and 14 Minutes 52 Minutes Late

1.2 Senators' Attendance The Senate does not make public the attendance records of members. FAFEN conducts a headcount at the start and the end of each sitting. The senators' attendance reflects upon their interest and presence in the parliamentary proceedings and their representative roles. The attendance of the Senate remained low, as on average 21 legislators were present at the beginning and 25 at the end of a sitting. The lowest number of members in a single sitting at the outset was 12 and 19 at the end during the 77th session. Session Sittings Members Present at the Outset Members Present at the End 72nd 2 54 24 73rd 4 38 27 74th 8 32 27 75th 2 16 24 76th 7 13 25 77th 19 12 19 78th 2 15 51 79th 4 21 28 80th 1 70 40 Total 49 Sittings 21 Senators 25 Senators 1.3 Key Members' Attendance Attendance of members is crucial, especially those holding important positions (Chairman, Deputy Chairman, Leader of the House and Leader of the Opposition) to perform their legislative and representative roles. The Leader of the House, a parliamentary member who commands the confidence of majority of the legislators of the Senate, was present in 31 sittings.

r The role of the opposition is to question the Key Members' Attendance o t

i government in order to hold it accountable to the 45 n public. An active opposition ensures that important o matters are brought into the limelight and the

M 31

t legislature takes decisions after debate. The Leader n of the Opposition belonging to the JUIF attended 22 22 22 e sittings. m a i

l The Chairman is the senior most official of an r assembly and his primary role is to preside over the a

P parliamentary sessions. He is the representative of Chairman Deputy Leader of the Leader of Chairman House Oppostion N the House and has to not only ensure the business E of the assembly is aligned with the rules and F

A procedures but also has to exercise impartiality in F the discharge of his duties. He attended 45 sittings. After the election of the Chairman, the assembly elects its Deputy Chairman who presides over the House in the Chairman's absence and has the same powers and performs the same functions. He attended 22 sittings. 4 1.4 Parliamentary Party Leaders' Attendance The presence of a party leader regulates as well as influences the party's stance on various matters. The parliamentary leaders' attendance reflects upon a party's responsiveness and participation during a session. g r After the elections in March 2012 to half of the seats in the Upper House, parties like JIP, PKMAP and JWP lost o . representation as they had boycotted the 2008 general elections. n e

f The parliamentary leader of MQM attended 45 sittings, PKMAP 43, PMLN 36, JIP 34, PMLF 30, ANP 27, NP a

f 25, PML 17, JWP 12, BNPA 10, PPPS four and JUI leader one sitting. . w Parliamentary Leaders' Attendance w 90 w 86

68 72 60 54 50 34 24 20 8 2

ANP MQM NP JIP PMLF PMLN PKMAP BNPA JWP PML PPPS JUI r o t i

2.0 Executive Oversight n o

The parliamentary oversight of the executive is one of the core functions of the legislature. It is a tool to hold the M

executive accountable of its actions and ensure it implements the policies and decisions made on the floor of the t n

House. e

The oversight of the executive is mainly carried out through question hour and calling attention notices. This m a i section includes a detailed analysis of the questions and CANs, which were either taken up by the House or were l r left unaddressed. a 2.1 Questions and Responses P N

During the nine sessions senators asked a total of 755 questions – 735 starred and 20 unstarred. The ministries E F provided answers to most of them (673) while leaving 78 unanswered and four partially answered. In other words A the Upper House was provided full replies to 89% of the total questions asked during the nine sessions. During F the 73rd session, all 35 starred questions were answered. In the 77th session the most starred and unstarred questions (300) were brought to the floor of the House, of which 257 were fully answered. However, in the same session the highest number of 41 questions remained AN unanswered. No Question Hour was held during the 78th, 79th and 80th sessions. AKIST

o se

d d ry s to n

ed e e l l l o lly use ed rr er er ent lly o a rr tia u w w Session No. ota ota ota H Libra esp exure t F T T T ar Sta TE OF P P R he he Unst Ans Ans t o t ocum Ann N D 72nd 42 7 49 47 2 49 3 1 4

SENA 73rd 35 35 35 35 5 4 9

74th 142 13 155 152 3 155 11 12 23

75th 25 5 1 31 31 31 5 5

76th 172 12 1 185 174 11 185 13 21 34 77th 257 41 2 300 296 4 300 17 14 31 Total 673 78 4 755 735 20 755 54 52 106 Almost half of the senators (38) asked 755 questions during the nine sessions. Though no female MQM senator asked any question, only one male parliamentarian of the party asked 102 questions. Additionally none of the two ANP women senators asked any questions while their four male colleagues asked 80 questions. Overall nine women senators asked 92 questions while their 29 male counterparts asked 663– 88% of the total questions. A single female BNPA senator asked 32 questions as none of her male colleagues contributed in executive oversight. Three PML women senators had one question each for the government during the nine sessions. However, their four male colleagues in the Upper House had 55 queries for the ministries. Though the PMLN (after Senate elections in March 2012) was able to get the slot of the Leader of the Opposition in the Upper House, six JUIF senators (one woman and five men) asked the most questions (293). Before the 5 Senate elections, a JUIF senator was the Leader of the Opposition. The male PMLN senators seemed disinterested in executive oversight as three of them asked only three questions. On the other hand, one PMLN woman senator asked 40 questions. Five PPPP senators (two women and three men) asked only 25 questions. Five Independent senators, all men, asked 77 questions during the period under review. Questions Questions Total Total Raised by raised by members Party Female Members Male Members Questions Female Male raising raised members members Questions ANP 4 80 4 80

BNPA 1 32 1 32

IND 5 77 5 77

JIP 1 2 2 32 3 34 JUIF 1 4 5 289 6 293 JWP 1 2 1 2

MQM 1 102 1 102

Questions Questions Total Total Raised by raised by members Party Female Members Male Members Questions Female Male raising raised members memb ers Quest ions NP 1 2 1 2

PKMAP 1 7 1 7

PML 3 3 4 55 7 58 PMLN 1 40 2 3 3 43 PPPP 2 11 3 14 5 25 Total 9 92 29 663 38 755 Out of the total 755 questions, the most (164) were directed to the Cabinet Secretariat, followed by the Ministry of Finance and Revenue and the Ministry of Communications (69 each). Amid Pakistan's frayed ties with the United States in the backdrop of the NATO supplies which were closed following the attack on Salala check post killing 24 Pakistani soldiers, 60 questions were directed to the Ministry of Foreign Affairs. Senators were keen to know what was being done to overcome the energy crisis, especially power outages, as they asked 57 questions concerning the Ministry of Water and Power. After the 18th amendment, 17 ministries were devolved to the provinces while new ministries were formed at the center. Existing ministries were divided e.g. the Ministry of Industries and Production became separate two ministries. Ministry Concerned Starred Unstarred Total Cabinet Secretariat 148 16 164 Communications 69 69

r Finance & Revenue 69 69

o t

i Foreign Affairs 60 60

n

o Water and Power 55 2 57 M

t Commerce 46 46

n

e Defence 43 43

m Interior 42 42 a

i l

r Petroleum and Natural Resources 39 1 40 a

P Railways 24 24

N Housing and Works 20 1 21 E

F Information and Broadcasting 19 19 A F States & Frontier Regions 18 18

Economic Affairs and Statistics 10 10

Law & Parliamentary Affairs 10 10

Religious Affairs 8 8 6 Science & Technology 7 7

Information Technology 6 6

Industries 5 5

g r Inter Provincial Coordination 5 5 o

.

n Overseas Pakistanis 5 5

e

f Postal Services 5 5 a

f . Human Rights 4 4 w

w Production 4 4

w Kashmir Affairs and Northern Areas 3 3

Defence Production 2 2

Human Resources 2 2

Industries and Production 2 2

Narcotics Control 2 2

Privatization 2 2

Ports & Shipping 1 1

Total 735 20 755 r o t i

Thirty-eight senators – 29 male and nine female - asked 755 questions during the reporting period. n o Party Female Male Total M

ANP 4 4 t n BNPA 1 1 e

m a

IND 5 5 i l r

JIP 1 2 3 a JUIF 1 5 6 P N

JWP 1 1 E F MQM 1 1 A F NP 1 1

PKMAP 1 1

PML 3 4 7 AN PMLN 1 2 3 PPPP 2 3 5 AKIST Total 9 29 38 The Ministry of Communication provided the largest number of documents to the House (11), followed by eight each by the Ministry of Finance and Revenue and the Cabinet Secretariat. The most annexes placed in the library (13) were submitted by the Cabinet Secretariat, seven. each by the Ministry of Communications and by the TE OF P Ministry of Railways. Ministry Concerned Annexure to the Library Documents to the House Total SENA Cabinet Secretariat 13 8 21 Communications 7 11 18 Finance & Revenue 4 8 12 Railways 7 1 8 Defence 5 1 6 Petroleum and Natural Resources 2 4 6 Information and Broadcasting 5 5

Water and Power 4 4

Economic Affairs and Statistics 3 3

Housing and Works 2 1 3 Interior 1 2 3 Postal Services 2 1 3 Science & Technology 3 3 7 Commerce 2 2

Human Resources 2 2

Industries 2 2

Human Rights 1 1

Inter Provincial Coordination 1 1

Kashmir Affairs and Northern Areas 1 1

Production 1 1

States & Frontier Regions 1 1

Total 54 52 106

2.2 Calling Attention Notices This section highlights the efforts of members in raising matters of public interest through calling attention notices. Under rule 64 (chapter XI) of the rules of procedure and conduct of business, a member may call the attention of a minister to any matter of urgent public importance and the minister may make a brief statement or ask for time to make a statement at a later hour or date provided that no more than one notice per member shall be allowed per sitting. Six out of 10 calling attention notices appearing on the orders of the day were taken up by the House. Six CANs were sponsored by single male senators, while four were jointly moved by male and female parliamentarians. Ministry Sr. No Gender Call Attention Notices Status Concerned Issuance of licenses by OGRA to set up new CNG stations despite ban imposed Cabinet 1 Single Male Not taken up by the government due to shortage of Secretariat gas Non setting up Passport Office in Jointly Male and 2 Butkhela, Malakand Agency, causing Interior Not taken up Female difficulties to the people

Reported tax refund fraud of Rs10.40 Finance & 3 Single Male Not taken up billion Revenue Jointly Male and The outb reak of dengue virus affecting Cabinet 4 Not taken up Female thousands of people in the country Secretariat Failure of Capital Development Authorit y Cabinet 5 Single Male (CDA) to complete development work in Taken Up Secretariat Sector E-12, Islamabad Finance & 6 Single Male Missing NATO/ISAF containers Taken Up Revenue

Non-construction of river bridge at Jointly Male and Chakdara that links District Dir, which 7 Communications Taken Up Female was washed away as a result of last

r devastating floods

o t i Reported import of mil lions of automatic

n Finance & 8 Single Male weapons in the country during the last Taken Up o Revenue many years M

t Jointly Male and Professional and

n 9 Reported increase in the rate of illiteracy Taken Up

e Female Technical Training

m The alleged failure of the government to Law & a

i provide for service structure and other l 10 Single Male Parliamentary Taken Up r privileges of the members of Election a Affairs

P Commission of Pakistan

N 3.0 Parliamentary Responsiveness E F

A Parliament's responsiveness means members' collective actions on issues of public interest that are raised F and discussed on the floor of the House. This section includes the adjournment motions and private motions which appeared on the list of business. 3.1 Adjournment Motions Through an adjournment motion, legislators seek to adjourn the routine business of the assembly for a 8 debate on any recent matter of urgent importance. At the end of the debate, the relevant minister is required to respond to the issues raised by members. Seven adjournment motions were raised during the reporting period. Two were jointly moved by members of

g PMLN, JIP, PPPP, ANP, MQM, JUIF and the Independents while the remaining five were sponsored by JIP r

o members. .

n Three motions were taken up and debated for three hours by the House. There were two adjournment e f

a motions, raised during the 10th sitting of the 77th session, which were not taken up, but the House f . deliberated over the issues for 50 minutes. w

w Session Sitting Adjournment Motion Party Gender Status w No. No. 74th 7th Purchase of rain-affected rice and wheat JIP All Male Deferred PMLN JIP The increase in the prices of gas, CNG PPPP 77th 16th and POL as well as shortage/load- All Male Taken Up ANP shedding of gas in the country MQM JUI-F r o t i

Session Sitting n

Adjournment Motion Party Gender Status o No. No. PMLN M t 77th Increase in the prices of petroleum JIP n Jointly Male e 12th products resulting in price-hike in the ANP Taken Up

and Female m

country JUI-F a i l IND r Routine sexual harassment in most of the a P international non-governmental JIP Single Male Not Taken Up 10th N organizations E

F

Use of substandard CNG cylinders JIP Single Male Not Taken Up A

F Political appointees emerging as a threat JIP Single Male Taken Up 7th for Telecom Foundation

Water theft from Tarbela and Chashma JIP Single Male Kept Pending

AN During the reporting period, 16 senators, among them15 men and a woman, raised adjournment motions. The only woman senator raising these motions belonged to JIP. Party Female Male Total AKIST ANP - 4 4 IND - 1 1 JIP 1 2 3

JUIF - 2 2 TE OF P MQM - 2 2 PMLN - 3 3 SENA PPPP - 1 1 Total 1 15 16 4.0 Assembly Output In this section the Senate's outputs are discussed in the form of legislation and resolutions. 4.1 Legislation Lawmaking on matters of national significance through careful debate is a legislature's most important function. 4.1.1 Passed Government Bills Fourteen treasury-backed bills were passed by the House. Session No. Sitting No. Name of Bill 79th 4th The National Commission for Human Rights Bill 2012 79th 3rd The Delimitation of Constituencies (Amendment) Bill 2011 79th 3rd The Special Economic Zones Bill 2011 9 79th 2nd The Industrial Relations Bill 2012 78th 2nd The Constitution (Twentieth Amendment) Bill 2012 77th 19th The Shifa Tameer-e-Millat University Bill 2012 77th 13th The National Commission on the Status of Women Bill 2012 77th 11th The Private Power and Infrastructure Board Bill 2011 76th 5th The Islamabad Consumers Protection (Amendment) Bill 2011 76th 3rd The (Amendment) Bill 2011 76th 3rd The Women in Distress and Detention Fund (Amendment) Bill 2011 74th 3rd The Carriage by Air Bill 2011 The Regulation of Generation, Transmission and Distribution of Electric 73rd 3rd Power (Amendment) Bill 2011 74th 8th The National Database and Registration Authority (Amendment) Bill 2010 4.1.2 Passed Private Members' Bills The House passed three private members' bills. The Domestic Violence (Prevention and Protection) Bill 2012 It provides legislation to ensure the safety of women and children in homes, and protection from any physical, psychological and verbal abuse within homes as well as from extension of such abuse at workplaces. The Criminal Law (Amendment) Bill, 2011 (Amendment of section 332, insertion of new sections 336A and 336B in Act XLV of 1860 and amendment of Schedule II of Act V of 1898) The bill addresses the regulations to govern manufacture and supply of acid and the crime itself. According to the bill, any crime that causes hurt to the victim through dangerous means or substances (including fire, heated substance, poison, corrosive substance or acid, explosive or arsenic substance) through contact with the human body (including inhalation or swallowing) is punishable by a prison term which may extend to the culprit's entire life, or a fine not less than Rs 500,000, or both. The Criminal Law (Amendment) Bill, 2011 (Substitution of section 310A, insertion of new Chapter XXA in Act XLV of 1860, insertion of new section 402D and amendment of Schedule II of Act V of 1898) This bill provides protection against depriving women from inheriting property, forced marriages (including the practices of badal e suhl, wanni and sawara), and prohibiting the practice of marriage with the Holy Quran. Another important amendment in the law was the insertion of a new section; 402D in the Code of Criminal Procedure; which bars the provincial government from suspending, remitting or commuting any sentence passed in a case of rape under Section 376 of the Pakistan Penal Code.

Session Sitting Date of Sitting Name of Private Members’ Bills No. No. Monday, The Domestic Violence (Prevention and Protection) Bill 78th 2nd February 20, 2012 2012 The Criminal Law (Amendment) Bill, 2011 (Amendment of Monday, section 332, insertion of new sections 336A and 336B in Act r 76th 2nd December 12,

o XLV of 1860 and amendment of Schedule II of Act V of t

i 2011 1898) n

o The Criminal Law (Amendment) Bill, 2011 (Substitution of Monday, M section 310A, insertion of new Chapter XXA in Act XLV of t 76th 2nd December 12,

n 1860, insertion of new section 402D and amendment of

e 2011 Schedule II of Act V of 1898) m

a 4.2 Resolutions i l r

a Through Resolutions, the House expresses its opinion, makes recommendations, or conveys a message P on a definite and important issue. The House can also commend, urge, or request action on a situation

N under consideration by the government. Resolutions may be moved by ministers or private members. E F The House adopted five resolutions during the reporting period. Three resolutions were moved jointly by A

F male and female members and two were sponsored by groups of male senators. The remaining 19 resolutions were submitted by single male senators. Session Sitting Resolutions Party Gender Status No . No . 10 NATO attack on Pakistani outposts in Jointly Adopted 75t h 1st Mohmand Agency that led to killing of 24 All Parties Male and by the soldiers Female House PPPP, ANP, Calling for registering a case against the Adopted JIP, PMLN, g 77t h 5t h former president General (Rtd) Pervaiz All Male by the r NP, IND, o . Musharraf under article 6 of the constitution House JUIF,PKMAP n

e This House recommends that PIA may f Adopted a operate flights between Islamabad- Single f

. 77t h 5t h JUIF by the Kashgar-Urumqi to facilitate general public Male w House of the area w

w Adopted Single 79t h 4t h Suicide attack on mass meetings in KP ANP by the Male House The issue of missing persons and Adopted Single 79t h 2nd demanding that the federal and provincial JIP by the Male government take steps for their recovery House 73rd 4t h Adequate relief may be provided to JIP Single Not Taken r o t i

n Session Sitting Resolutions Party Gender Status o No. No. M

pensioners keeping in v iew the prevailing Male Up t n

price hike in the country e

Effective steps be taken to control the sale Single Not Taken m 73rd 4th MQM a

of spurious drugs in the country Male Up i l Increasing number of traffic accidents in the r Jointly a country and resolves that the government Not Taken P 73rd 4th JIP Male and must ensure strict ad herence to traffic laws, Up N

Female E rules and regulations F

Use, sale and production of tobacco be Single Not Taken A

73rd 4th PPPP F banned in the country Male Up Constitute a judicial commission to recover Single Not Taken 74th 4th PML looted money from respective persons Male Up

Effective steps for provision of free Single Not Taken AN 74th 4th MQM education in the country Male Up Friday may be declared as weekly holiday Single Not Taken 74th 4th IND

instead of Sunday Male Up AKIST Increasing number of traffic accidents on national highways particularly over the Jointly accident of a bus of Millat School on Not Taken 74th 4th JIP Male and Motorway-I and resolves that the Up Female TE OF P government must ensure strict adherence to traffic laws, rules and regulations Regulate the working of deep sea huge SENA

trawlers to preserve coastal economy and Single Not Taken 74t h 4t h JIP protect the interest of small fishermen of Male Up coastal areas of the country This House recommends that necessary Single Not Taken 76t h 2nd IND reforms be made in F.C.R. Male Up This House recommends that the procedure to grant Pakistani visas to the Muslims of Single Not Taken 76t h 2nd JUIF other countries for Tablegh purposes be Male Up made simple and easy This House recommends that water filtration plants may be installed in each city and Single Not Taken 76t h 2nd JUIF village of the country to save the people Male Up from water borne diseases Government may encourage maximum PhD programmes on the “Personality and Single Not Taken 77th 15th Political career of Quaid-e-Azam IND Male Up Muhammad Ali Jinnah” in Higher Education 11 Institutions of the country Government may take immediate steps to declare as official language of the MQM, Not Taken 77th 15th country in pursuance of Article 251 (1) of the PMLN, PML, All Male Up Constitution of the Islamic Republic of JIP

Pakistan, 1973

Government may take immediate steps to Single Not Taken 77th 15th fix the maximum fee charged by private MQM Male Up schools in the country Government should ta ke steps to fix Single Not Taken 77th 5th MQM consultation fee of private doctors Male Up Government should take steps to fi x the Single Not Taken 77th 15th MQM consultation fee of private doctors Male Up This House recommends that the a uthority Single Not Taken 77th 15th to allot government accommodations on JIP Male Up out of turn basis be withdrawn This House recommends that the loans written off by the government departments, Single Not Taken 77t h 15t h JUIF banks and financial institutions so far may Male Up be recovered immediately

4.3 Standing Committee Report Twenty-nine out of 39 standing committee reports were presented during the reporting period. The details are listed below. Session Sitting Name of Standing Committee Report Name of Committee Status No. No. Finance, Revenue & The Petroleum Products (Petroleum Planning and Taken Up Levy) (Amendment) Bill, 2011 Development 8th Finance, Revenue & The Gas Infrastructure Development Planning and Taken Up Cess Bill, 2011 Development The Criminal Law (Amendment) Bill, Law, Justice and 7th Taken Up 2011 Parliamentary Affairs 74th The Committee on the Privilege Motion moved by Senator Shahid Hassan Rules of Procedure & Taken Up Bugti regarding the irresponsible Privileges attitude of PIA officials 3rd The Committee on the Privilege Motion moved by Senator Dr. Muhammad Rules of Procedure & Ismail Buledi regarding non- Taken Up Privileges responsive attitude of Commandant, Frontier Corps Chairman Standing Committee on r

o Commerce to present a report of the

t Commerce Not Taken Up i Committee for the period from n

o October, 2009 to June, 2011

M Chairman Standing Committee on t

n Communications to present a report of Communications Not Taken Up e 3rd the Committee for the period from 10th

m August, 2009 to 20th August, 2011 a i l Chairman Functional Committee on r

a Problems of Less Developed Areas to

P Problems of Less present a report of the Committee for Not Taken Up

N Developed Areas

E the period from November, 2009 to

F July, 2011 A 76th F Chairman Standing Committee on Communications to present a report of Communications Taken Up the Committee for the period from 10th August, 2009 to 20th August, 2011 Chairman Standing Committee on 12 Commerce to present a report of the Commerce Not Taken Up 1st Committee for the period from October, 2009 to June, 2011 Chairman Functional Committee on g

r Problems of Less Developed Areas to

o Problems of Less . present a report of the Committee for Not Taken Up

n Developed Areas

e the period from November, 2009 to f

a July, 2011 f . The Right to Free and Compulsory

w 15th Cabinet Secretariat Taken Up Education Bill, 2011 w Chairman Standing Committee on w Interior, to present report of the 18th Interior Not Taken Up Committee for the period from 27th March, 2010 to 12th March, 2011 77th First Quarterly Report for the year 2011-12 of the Central Board of Finance, Revenue & Directors of the State Bank of Pakistan 14th Planning and Taken Up on the State of Pakistan’s Economy, Development as required under section 9A (f) of the State Bank of Pakistan Act, 1956 r o t

i

Session Sitting n Name of Standing Committee Report Name of Committee Status o No. No. M

The annual report of the National t n

Economic Council for the financial year e

17th 2010-11 as required by clause (5) of Cabinet Secretariat Taken Up m a i

Article 156 of the Constitution of the l r

Islamic Republic of Pakistan a

Chairman Committee on Rules of P

Procedure and Privileges to present N Rules of Procedure & E

11th revised report of the Committee on the Taken Up F

Privileges A proposed Rules of Procedure and F Conduct of Business in the Senate Chairman Committee on Rules of Procedure and Privileges to present report of the Committee on the AN Privilege Motion moved by senator Rules of Procedure & 9th Taken Up Muhammad regarding Privileges incorrect replies to starred question AKIST Nos.162 and 36 by the Ministry of Petroleum and Natural Resources The Annual Report of Competition

Commission of Pakistan (CCP) for the TE OF P Finance, Revenue & financial year ended on 30th June, Planning and Taken Up 77th 2010 as required by sub-section (2) of Development

section 22 of the Competition SENA Commission Act, 2010 8th The annual report on the observance and implementation of principles of policy in relation to the affairs of the for the year 2008-09 and Cabinet Secretariat Taken Up 2009-10 as required by Article 29(3) of the Constitution of the Islamic Republic of Pakistan Chairman Committee on Rules of Procedure and Privileges to present report of the Committee on the Privilege Motion moved by the then Rules of Procedure & 7th Taken Up Senator Muhammad Azam Khan Swati Privileges regarding the forged passport and ID card carrying his picture used by unknown person for import of car 13 The Right to Free and Compulsory 5th Cabinet Secretariat Not Taken Up Education Bill, 2011 Law, Justice and The Special Economic Zones Bill, 2010 Taken Up Parliamentary Affairs 4th The Private Power and Infrastructure Water & Power Not Taken Up Board Bill, 2011 The Constitution (Twentieth Law, Justice and Taken Up Amendment) Bill, 2012 Parliamentary Affairs 1st Chairman Standing Committee on Foreign Affairs Taken Up Foreign Affairs Kashmir Affairs and Gilgit-Baltistan to present report of the Committee on its meeting with a six member delegation of Foreign Affairs Committee of the The report on second Biannual Monitoring on the Implementation of Finance, Revenue & 78th 1st National Finance Commission (NFC) Planning and Taken Up Award for the period January-June, Development 2011

Session Sitting Name of Standing Committee Repo rt Name of Committee Status No. No. Chairman, Standing Committee on Interior to present report of the 3rd Interior Taken Up Committee for the period from 16th April, 2011 to 11th January, 2012 The report on Observance and Implementation of Principles of Policy 2nd Cabinet Secretariat Taken Up in relation to the affairs of the Federation for the year 2010-11

The Delimitation of Constituencies Law, Justice and Taken Up (Amendment) Bill, 2011 Parliamentary Affairs

Finance, Revenue & The Control of Prices of Essential Planning and Taken Up Commodities and Price-hike Bill, 2010 Development Chairman, Standing Committee on States and Frontier Regions State & Frontier Regions (SAFRON), to present second report Taken Up (SAFRON) of the Committee for the period from January, 2011 to December, 2011 Chairperson, Standing Committ ee on Ports and Shipping, to present repo rt Ports & Shipping Taken Up of the Committee for the period from January, 2010 to December, 2011 79th Chairman, Standing Committee on

r

o Religious Affairs to present report of t

i Religious Affairs Taken Up the Committee for the period from n

o August, 2009 to November, 2011 1st M Chairman, Standing Committee on

t Industries and Production, to present n Industries & Production Taken Up e report of the Committee for the period

m from March, 2011 to February, 2012 a i

l Chairman, Committee on Rules of r

a Procedure and Privileges, to present

P report of the Committee on the

N Privilege Motion moved by Senator

E Rules of Procedure &

F Syed Nayyer Hussain Bokhari, Leader Taken Up Privileges A of the House, regarding derogatory F remarks made by Vice-Chancellor, Quaid-i-Azam University, against parliamentarians Law, Justice and The Special Economic Zones Bill, 2010 Taken Up Parliamentary Affairs 14 The Annual Report of the Council of Inter Provincial Common Interest for the period July Taken Up Coordination 2010 to June 2011

g

r

o .

n e f a f . w w w r o t i

4.4 Amendments to the Rules of the Procedure and Conduct of Business n o

A highlight of the 79th session was the approval of new rules for the Upper House. The Rules of Procedure and M Conduct of Business, which replace the rules approved in 1988, have introduced significant changes like t n making ministers' presence in the House mandatory during the Question Hour and abolishing discretionary e powers of Chairman to appoint the Leader of Opposition. The chairman will now seek written applications m a i from Senators nominating their Leader of Opposition. After verifying signatures, the chairman will declare a l r

Senator having support of the most colleagues as Leader of the Opposition. Similarly the new rules also a introduce the Prime Minister's Question Hour. Under Rule 47, “In every session that exceeds seven days, P there shall be one hour which shall be called Prime Minister's Hour.” N E F

The new rules also give more powers to Standing Committees, making the ministers' presence mandatory in A their meetings with every department or division of ministries bound to obey their directives. Under the Rule 62, F “last half an hour of a sitting shall be utilised as Zero Hour to take up matters of urgent public importance.” The Zero Hour seems to be an effort to stop the misuse of the Points of Order. A new chapter lays out rules for using the Zero Hour. AN For moving a no-trust motion against the chairman or deputy chairman needs signatures of at least one-fourth (27) Members of the House. Earlier, a single Senator could move a no-trust motion against the chairman or deputy chairman. AKIST Under the new rules, the annual reports of the Council of Common Interests, National Economic Council, National Finance Commission, Auditor General and the Council of Islamic Ideology will also be tabled in the Senate. 5.0 Order and Institutionalization TE OF P This section deals with order and institutionalization of members which is important for an efficient and SENA productive legislature. It includes the questions of privileges raised during the reporting period. Five questions of privileges – three personal and one each committee and assembly privilege motions - were raised during the reporting period. Four were taken up the House and sent to the committee on rules of procedure and privileges for further deliberations while one was rejected by the Chairman.

Session Sitting Type of Referred Issue raised in the QoP Party Gender No. No. QoP to Questions of Privilege against a Referred private TV channel reference to the ANP Male Personal to CRPP 74th 4th Azakhel Dry Port Referred Baggage missed by PIA PML Male Personal to CRPP Derogatory remarks passed by the Vice Chancellor of Quaid-i-Azam Referred 76th 2nd PPPP Male Committee University against to CRPP parliamentarians Not presenting the. annual reports by 15 Not Taken the government on CCI, NEC & NFC JIP Male Assembly Up 77th 2nd Awards etc. Abusive Language used by GM Referred JUI-F Male Personal (SSGC) Quetta to CRPP

Glossary

Adjournment Motion 'Orders of the Day' A motion to adjourn the business of the Assembly “Orders of the Day” means the list of business to be for the purpose of discussing a definite matter of brought before the Assembly on any day. recent and urgent public importance. Point of Order Assembly Relates to the interpretation or enforcement of Provincial Assembly parliamentary rules of business or articles of the Chairperson Constitution that regulate the business of the Assembly. The mover of a Point of Order raises a In relation to a sitting, any person who is presiding question which is within the cognizance of the at that sitting. Chair. Calling Attention Notice Private Member's Bill A notice by which a special question of public A proposed law introduced by a Private Member. importance involving law and order may be raised. Proceedings Chair The actions taken by the House or by a committee, The Presiding Officer at a meeting of the House. the most important parts of the proceedings are the Committee decisions that are taken.

r Quorum

o A parliamentary committee constituted under t i Rules of Procedure, comprising of various n Quorum is the minimum number of Members of o Members of Parliament. Assembly necessary to conduct the business of M Deputy Speaker the Assembly. Under Article 55 of the Constitution t

n 1/4th of the total Membership of the Assembly is e When the office of Speaker is vacant or Speaker is required for Quorum. m absent or is unable to perform his functions due to a

i Question Hour l any cause the Deputy Speaker acts as the Speaker r

a of the House. A time fixed under the rules for asking and P Leader of the Opposition answering questions. N

E Resolution

F "Leader of the Opposition" means a Member who,

A in the opinion of the Speaker, is the leader of the F A motion for the purpose of discussing and majority of Opposition Members for a certain time expressing an opinion on a matter of general public period. interest. Legislation Starred Question 16 The process of crafting law. A question that requires an oral answer in addition Member to a written reply. A Member of the Assembly and for purposes of Sitting moving or opposing a Bill, an amendment, a A meeting of the Assembly on a day. g

r motion or a Resolution, includes a Minister.

o Table . Minister n

e The Table of the House. f

a May refer to the Chief Minister a Provincial Minister f . or a Parliamentary Secretary in respect of any w function delegated or entrusted to him by a w Minister. w Opposition The party or parties who do not belong to the governing party.

We wish to extend our acknowledgment to the Senate Website for material contributions presented in the Glossary. About FAFEN

Free and Fair Election Network (FAFEN), established in 2006, is a coalition of 42 leading civil society organizations, working to strengthen all forms of democratic accountabilities in Pakistan. Governed by Trust for Democratic Education and Accountability (TDEA), FAFEN's key achievements are: n Observed the public display of Pakistan's draft electoral rolls and conducted the country's first statistically-valid voters' list audit in 2007 n Deployed more than 18,829 trained, neutral Election Day observers nationwide to watch the February 18, 2008 polls and 264 long-term observers to monitor the pre- election process n Fielded long-term observers nationwide and published 19 pre-election reports n For the February 18, 2008, General Elections, FAFEN conducted 260 simultaneous Parallel Vote Tabulations (PVTs)- the largest effort in the world n Conducted its first survey, Constituents Aspirations Survey, in December 2008 with a sample size of 3,124 respondents to get the description of the state of public opinion and also to get a deeper understanding of the values, attitudes and beliefs of people living in the constituencies n Conducted mapping of organizations working for human rights within Pakistan n Observed general elections at Gilgit-Baltistan in 2009 and by-elections in various constituencies of the Punjab, Balochistan, Sindh and Khyber Pakhtunkhwa in 2010, 2011 and 2012 n Implemented a unique methodology to observe parliamentary proceedings under its Parliament Watch n Monitors public institutions across Pakistan and issues monthly reports on the state and performance of educational, health and other local level institutions. In addition, monthly reports on prices, crimes, incidence of disease, caseload in lower courts and political and electoral violence are issued FAFEN continues to implement robust programs in-between elections related to monitoring parliamentary affairs, connecting constituents to their elected representatives, monitoring the performance of public and elected institutions and advocating electoral and democratic reforms. FAFEN is also monitoring political and electoral violence, peace activities and promoting active citizenry through ongoing civic education activities across the country. FAFEN is currently implementing Supporting Transparency, Accountability and Electoral Processes in Pakistan in 200 National assembly constituencies in 119 districts across Pakistan.

Elec ir tion FAFEN Secretariat Fa N e & t w 224-Margalla Road, F-10/3, Islamabad e e o r r

k (P) 051-22 11 026 F (F) 051-22 11 047 (E) [email protected] FAFEN (Twitter) @_FAFEN

w w w . f a f e n . o r g