ISSN # 2414 Parliamentary Research Digest...Fisheries Development Board (FDB) was established in August 2007. It is responsible for: 6 i. Coordination of national and provincial activities

Parliamentary Research Digest A P R I L , 2 0 1 7 V O L U M E 4 , I S S U E 0 4

I N SI DE THI S

I SSU E:

Editorial The month of April this year marks the beginning of preparations for budget session at the Parliament and Institute is already catering for pre-budget research requests from MPs. PIPS is presently also hosting month-long National workshop on Protocol and Social Graces for offic-ers from National Parliament, provincial assemblies and PIPS. We are pleased to share that PIPS Board of Governors met in the able leadership of the Presi-dent/ Hon. Speaker National Assembly of Pakistan Sardar Ayaz Sadiq on April 18th, 2017 and approved the annual budget recognizing the enhanced momentum of activities. It is matter of encouragement that Parliament generously endorses PIPS to continue value-addition in its leg-islative, research, capacity building and outreach services to honourable MPs and the function-aries of National Parliament as well as four Provincial Assemblies of Balochistan, Khyber Pakhtunkhwa, Punjab and Sindh. This issue of PIPS Parliamentary Research Digest completes series of data-oriented articles on Sustainable Development Goals, with the fourth piece of the issue. The digest also includes an analytical comparative article on asset-declaration, an opinion on on-going French elections as well as statistics from latest State Bank of Pakistan report laid in the Parliament. For any specific areas of importance that you want PIPS to send you research/briefing papers, please contact us at [email protected]. Happy Reading!

Muhammad Rashid Mafzool Zaka

Director (Research and I.T)

ANALYSIS

Sustainable

Development Goals

(14-17): Challenges

and Opportunities

Page 01

ANALYSIS

Asset Declaration

Laws: A comparison

of Pakistan, India,

Bangladesh, Bhutan

and Philippines

Page 11

OPINION

French Presidential

Elections 2017-

A Prologue

Page 19

Editorial Board

Editor: Muhammad Rashid

Mafzool Zaka

Sub Editor:

Ms. Tehseen Khalid

Members:

M.Rizwan Manzoor

Ms.Fakiha Mehmood

ISSN # 2414-8040

mailto:[email protected]

State Bank – Second Quarterly Report 2016 – 2017

(Summary and Key Info graphics)

PIPS Economy Desk Update

The overall economic situation continues to remain conducive for growth. Key factors /

instruments played active role may include: accommodative monetary policy stance, increased

development spending, substantial growth in private sector credit and CPEC related projects in

power sector and infrastructure.

After a relatively dull first quarter, the recovery in Large Scale Manufacturing (LSM) growth in

second quarter (Q2-FY17) came from food, steel, cement, pharmaceutical, automobiles and

electronic industries.

Average CPI inflation rose to 3.9 percent in

first half of current fiscal year (H1-FY17)

from 2.1 percent in corresponding period of

last year (H1-FY16). This rise was mainly due

to (i) fewer supplies of fresh vegetables; (ii) a

visible rise in global prices of food

commodities such as palm oil, rice and sugar;

(iii) the impact of taxation measures in

Federal Budget for 2016-17 on various items

such as cigarettes, powdered milk, stationery

items and cement; and (iv) gradual build-up

of domestic demand as evident in rising core

inflation, especially non-food-non energy

(NFNE).

Pakistan Institute for Parliamentary Services 2017

PIPS Parliamentary Research Digest- Volume: 4, Issue: 04 Page 1

ANALYSIS

Sustainable Development Goals (14-17): Challenges and Opportunities Ms. Tehseen Khalid, Senior Research Officer

Ms. Zonia Yousuf, Mr. Osman Syed, PIPS Young Parliamentary Subject Expert PIPS SDGs Desk

GOAL 14:

CONSERVE AND SUSTAINABLY USE THE OCEANS, SEAS, AND MARINE

RESOURCES FOR SUSTAINABLE DEVELOPMENT

Statistics:

Pakistan has a 1,046 kilometer coastline, of which 250km falls in Sindh and 800km in

Balochistan. 1

Plastic Marine debris [MMT/year]: 0.07– 0.19 2

Coastal Population [millions]: 14.6 3

Pakistan ranks 28th amongst fishing nations in terms of production and 50th in terms of

export earnings. Since 1998, overall fish production in Pakistan has been decreasing at

the rate of 2% per annum, mainly due to decline in marine capture. 4

Government of Pakistan promulgated Pakistan Fish Inspection and Quality Control Act,

1997. This act deals with various issues revolving around fisheries such as export, quality

control, fish processing, seizure and disposal. 5

Fisheries Development Board (FDB) was established in August 2007.

It is responsible for: 6

i. Coordination of national and provincial activities with relation to aquaculture and

shrimp farming

ii. Promote joint ventures between foreign and local investors in the field

iii. Prepare and implement plans according to regional specific requirements

iv. Development of market infrastructure and improvement of marketing of

fisheries products

Pakistan has departments related to fishery at provincial level, namely:

i. Livestock & Fisheries Department, Government of Sindh7

ii. Forest, wildlife and Fisheries Department, Government of Punjab 8

iii. Fisheries Department, Government of Balochistan 9

iv. Directorate of Fisheries, Government of Khyber Pakhtunkhwa 10

1 Pakistan Tourism and Development Corporation. 2017. “Geography.” Accessed 11

th April 2017.

(http://www.tourism.gov.pk/geography_pakistan.htm) 2 Jenna R. Jambeck et. al. 2015. “Plastic waste inputs from land into the ocean.” Accessed 11

th April 2017.

(https://www.iswa.org/fileadmin/user_upload/Calendar_2011_03_AMERICANA/Science-2015-Jambeck-768-71__2_.pdf) 3 Ibid.

4 Fisheries Development Board. 2017. Accessed 17

th April 2017. (https://fdb.org.pk/introduction/)

5 Government of Pakistan. 1997. “Pakistan Fish Inspection and Quality Control Act, 1997.” Accessed 17

th April 2017.

(http://www.na.gov.pk/uploads/documents/1324617908_760.pdf) 6 Ministry of National Food Security & Research. 2017. “Fisheries Development Board.” Accessed 17

th April 2017.

(http://www.mnfsr.gov.pk/frmDetails.aspx?opt=misclinks&id=31) 7 Government of Sindh. 2017. “Livestock & Fisheries Department.” Accessed 17

th April 2017.

(http://www.livestocksindh.gov.pk/minister.php) 8 Government of Punjab. 2017. “Forest, wildlife and fisheries department.” Accessed 17

th April 2017. (http:

http://fwf.punjab.gov.pk/) 9 Government of Balochistan. 2017. “Fisheries Department.” Accessed 17

th April 2017.

(http://www.balochistan.gov.pk/index.php?option=com_content&view=category&id=24&Itemid=191)



During 2015-16 (July-March), total marine and inland fish production was estimated

501,000 million tons out of which 368,000 million tons was marine production and the

remaining catch came from inland waters. 11

Pakistan exported 91,965 m. tons of fish and fish preparations during 2015-16 (July-

March) and earned US $ 240.108 million. Pakistan’s major buyers are China, Thailand,

Malaysia, Middle East, Sri Lanka, Japan, etc.12

Government of Pakistan is taking a number of steps to improve fisheries sector. These

include: Biological and Hydrological Research, Quality Control Services, Renovation of

other Landing Sites /Auction Halls, Modernizing the Fishing Fleets. 13

Challenges:

There are a significant number of communities dependent on marine life as a source of

earning livelihood. Over pollution of the seas creates a massive hurdle for such

communities in maintaining their standard of living.

Over pollution and dumping in the seas is destroying the aquatic ecosystem and

obstructs the level at which the marine life reproduces sustainably.

There is lack of knowledge regarding the sustainable use of seas, oceans and marine life.

This leads to overuse of the seas, beyond the sustainable level, and hampers the growth

and reproduction of marine life.

Gwadar port and neighbouring India’s investment in a new port located in Iran will

result in a surge in marine transportation. This will also impact the sea waters

surrounding Pakistan’s coastline. 14

Potential new settlements on the shorelines, if uncontrolled, will become negative human

externalities for seas and oceans. 15

Climate change has also resulted in an increase in oceanic temperature. The abnormalities

it will create for marine life are also a challenge. This can result in massive migrations of

various marine species.

Lack of up to date policies, in line with the UN Convention on the Law of the Sea.

Lack of research at a comprehensive and extensive level on the needs of Pakistan’s

aquatic ecosystem in order to maintain it at a sustainable level.

There is also the absence of investment in technologies to treat waste before dumping it

into the sea.

Way forward:

There should be a large scale up gradation of the policies concerning the life under the

sea. Frameworks need to be established in line with international conventions, up to date

research and new technologies.

10

Government of Khyber Pakhtunkhwa. 2017. “Directorate of Fisheries.” Accessed 17th

April 2017. (http://fisheries.kp.gov.pk/) 11

Ministry of Finance. 2016. “Pakistan Economic Survey 2015-16.” Accessed 12th

April 2017. (http://www.finance.gov.pk/survey/chapters_16/02_Agriculture.pdf) 12

Ibid. 13

Ibid. 14

Pervaiz Amir. 2016. “Coastal management: minimizing biodiversity loss.” Accessed 12th

April 2017. (https://www.dawn.com/news/1287102) 15

Ibid.



All regulatory authorities should be revamped along these new polices and strict actions

should be taken against all those who violate the new protocols. Experts should be hired

by the authorities enabling them to develop these new frameworks and policies

efficiently.

Awareness campaigns should be run to educate the local communities living on

coastlines and those which depend on the ocean as a source of revenue.

The Government should set a limit to the amount of fish which can be caught in one

season giving the marine life enough time to sustainably breed.

It must be made obligatory for all major industrial and economic projects to develop

environmental Impact Assessment (which includes the impact they will have on the

oceans) prior to their initiation. It should also be made compulsory for these projects to

include clauses which sustainably use/ protect the seas.

Pakistan should convene a national level task force to chalk out a strategy that fits into its

long-term sustainable development vision.

Massive research needs to be carried on in coordination with academia in order to fully

understand the measures that need to be taken in order to maintain Pakistan’s oceans at a

sustainable level.

GOAL 15:

PROTECT, RESTORE AND PROMOTE SUSTAINABLE USE OF TERRESTRIAL

ECOSYSTEMS, SUSTAINABLY MANAGE FORESTS, COMBAT

DESERTIFICATION, AND HALT AND REVERSE LAND DEGRADATION AND

HALT BIODIVERSITY LOSS.

Statistics:

Pakistan is one of the low forest cover countries with only 5 percent of land area under

natural forests and tree cover.16

Rate of Deforestation at National Level=27000 hectars/year17

In the Constitution of Islamic Republic of Pakistan 1973, Forestry is purely a provincial

subject and not impacted by the eighteenth amendments in the Constitution (2010). The

roles and responsibilities of Federal Government are embedded in the following

provincial statutes:18

a) Section 41-A of the Provincial Forest Acts of Sindh, Punjab and Balochistan

empowers Federal Government to define rules for movement of timber

across custom Frontiers.

b) NWFP Forest Ordinance 2002

c) Gilgit Private Forests Regulations 1970 and Forest Rules under Gilgit

Private Forests Regulations 1975

d) Clause 3.15 of West Pakistan Forest Manual Volume-II

e) Gilgit-Baltistan Judicial Council’s decision dated 6 April 2011 also clearly

provides Federal Government role in Forestry.

16

Ministry of Climate Change. 2015.”National Forest Policy 2015.” Accessed 19th

April 2017. (http://extwprlegs1.fao.org/docs/pdf/pak149130.pdf). 17

Ibid. 18

Ibid.



As per Federal Legislative List Part-II, the functions of Federal Government are limited

to National planning and economic coordination, Inter-provincial matters and

coordination and matters incidental or ancillary thereof.19

The Part-I of Federal Legislative List also entitles Federal Government to regulate

import and export of wood and forest products across custom frontiers, inter-provincial

trade and commerce, trade and commerce with foreign countries. Federal Government is

also responsible for implementing international conventions and agreements related to

forests. While Provincial governments, within their jurisdiction make efforts for

protection and development of forests.20

Pakistan has prepared a comprehensive National Forest Policy.

Pakistan is committed to meet international obligations relating to forestry. Under the

UNFCCC, the Cancun Agreement on Reduced Emissions from Deforestation and

Forest Degradation (REDD+) aims to reduce emissions that are produced as a result of

deforestation and forest degradation. Pakistan became party to UN-REDD Programme

in June 2011. UN-REDD approved technical and financial support to REDD+ readiness

in Pakistan in 2013.21

Government of Pakistan, Ministry of climate change prepared a draft in 2015 that

provided the Action Plan for the implementation of the National Forest Monitoring

System of Pakistan.

National (REDD) Plus strategy has been approved by the Council of Common Interests

and expected to be implemented across the country soon.22

Prime Minister of Pakistan, Mian Muhammad Nawaz Sharif on February 08, 2017

inaugurated Green Pakistan Program worth Rs. 3.5 bn under which one hundred million

trees will be planted during the next five years.23

To control the illegal trade of wildlife fauna and flora, an act namely “Pakistan Trade

Control of Wild Fauna and Flora Act 2012” is enforced.

Pakistan ratified Convention on Biological Diversity (CBD) in 1994. A Biodiversity

Action Plan of (BAP) was drafted in 1999 and approved by the Pakistan Environment

Protection Council in the year 2000. However its implementation remained slow due to

weak institutional framework. Government has prepared draft National Biodiversity

Strategy and Action Plan (NBSAP) 2015.24

Challenges:

A lot of people are heavily dependent on very limited amount of forests to earn their

livelihoods.

Lack of knowledge regarding the optimal use of land by those who depend on forests for

their livelihoods.

19

Ibid. 20

Ibid. 21

REDD+Update, Ministry of Environment Pakistan, November 2011, Accessed from http://www.lead.org.pk/attachments/policy_briefs/climate_change%202011/PB-04_REDD-2011.pdf 22

REDD+ strategy approved for increasing forest cover, Dawn News, Published on 15 Feburary, 2017. Accessed from http://www.dawn.com/news/1314877/redd-strategy-approved-for-increasing-forest-cover 23

“PM inaugurates Rs. 3.5 bn Green Pakistan Program.” The Nation. February 09, 2017. 24

Government of Pakistan. 2015.”National Biodiversity Strategy and Action Plan.” Available at: https://www.iucn.org/sites/dev/files/import/downloads/nbsap_1st_draft_23_3_15.pdf.



Organized timber mafia is responsible for widespread destruction of forests.

With a small amount of farm forestry, soil health suffers and with increasing global

warming, many farms without trees become uninhabitable for life on land.

No alternative economic activity for those who depend on forests.

Many depend on forests for fuel wood.

Persistent droughts have aggravated the conditions.

Illegal wildlife trade is still a problem in Pakistan. Report on the state of Global Wildlife

Crimes of the United Nations revealed illegal trade of about 7,000 species in more than

164,000 seizures incidences from 120 countries since 1999 (UNODC 2016).25

Weak implementation of legislation and enforcement of penalties are ineffective

deterrents for smugglers involved in illegal wildlife trade. Lack of technology, equipment

and capacity to spot smugglers also plays a great role in increasing number cases of illegal

wildlife trade.26

Way forward:

The local community dependent on forests should be given specialized training and

incentives to participate in preserving the forests.

Alternatives for fuel should be developed for the local communities.

Policies should be made on a scientific approach in order to preserve the existing forest

cover and also enhance it for the future, in a sustainable and timely manner.

Long term sustainable approach should be used for all development projects. CPEC and

other mega projects should be harmonized with Goal 15.

Awareness should be created among all stakeholders regarding preserving species and

illegal wildlife trade as well as restoration of degraded land.

Government should focus on green energy projects.

Government must revisit its long-term plans for territory falling in 12 agro-economic

zones with the sensitivity of sustaining life and providing a level playing field for all to

survive.27

Urgent action is required to reduce the degradation of natural habitats, combat

desertification, restore degraded land soil including land affected by desertification,

drought and floods.

Effective steps should be taken for implementation of laws regarding illegal wildlife

trade.

Urgent actions are required to end poaching and trafficking of protected species of flora

and fauna and government should also address both demand and supply of illegal wildlife

products.

Invasive alien species (IAS), being a global issue requires international cooperation as

well as funding, strong legislation, sate of the art initiative and techniques, checking cross

boundary transportation of IAS, shipments inspection, mass awareness of major

stakeholders, informed decisions, detailed scientific inventory, scientific research, and

25

WWF Pakistan. “Illegal wildlife trade,” accessed on 19 April 2017 at (http://www.wwfpak.org/iwt/) 26

Ibid. 27

Pervaiz Amir. 2016. “Life on Land.” Dawn, October 05, 2016.



putting in place proper regulations. Government should abide by the CBD set global

priorities and guidelines and coordinate the international action on invasive alien

species.28

GOAL 16:

PROMOTE PEACEFUL AND INCLUSIVE SOCIETIES FOR SUSTAINABLE

DEVELOPMENT; PROVIDE ACCESS TO JUSTICE FOR ALL AND BUILD

EFFECTIVE, ACCOUNTABLE AND INCLUSIVE INSTITUTIONS AT ALL

LEVELS.

Statistics:

According to the 2016 Corruption Perceptions Index (CPI) reported by Transparency

International, Pakistan is the 116 least corrupt nation out of 175 countries in the world.29

Intentional homicides (per 100,000 people) in 2012 were 8. 30

Total cases of Death Penalties in 2016 were 409. 427 were awarded death penalty while

91 were executed.31

Since December 2014, a total of 428 persons have been executed.32

Fatalities in Terrorist Violence in Pakistan in 2016: 33

Civilians: 612 deaths

Security Force Personnel: 293 deaths

Victims of violence in prisons in 2016 were 68.34

Total cases of corporal punishment for children in 2016 were 123; 35

Total cases of sexual violence in 2016 were 1321; 36

Male harassment cases were 14;37

Female harassment cases were 15;38

Male rape/sodomy cases were 236;39

Female rape/sodomy cases were 532;40

Total number of women kidnapped in 2016 was 990 out of which 284 were adults and

280 were minor while age of 536 was not known; 41

28

Mohammad Niaz. “Invasive alien species: a threat to biodiversity.” Dawn, May 04, 2009. (https://www.dawn.com/news/462128). 29

Transparency International. 2016. Corruption perception index 2016. (http://www.transparency.org). 30

World Bank. 2012. “Intentional homicides (per 100,000 people).” Accessed 20th

April 2017. (http://data.worldbank.org/indicator/VC.IHR.PSRC.P5) 31

Human rights commission of Pakistan, Accessed on 20 April, 2017. (http://hrcpmonitor.org/search/?id=17). 32

HRCP. Accessed on 20 April, 2017. (http://hrcp-web.org/hrcpweb/). 33

South Asia Terrorism Portal. 2017. “Fatalities in Terrorist Violence in Pakistan 2003-2017.” Accessed 20th

April 2017. (http://www.satp.org/satporgtp/countries/pakistan/database/casualties.htm#) 34

HRCP, Accessed on 20 April, 2017.( http://hrcpmonitor.org/search/?id=27). 35

Human Rights Commission of Pakistan, Accessed on 20 April, 2017. (hrcpmonitor.org, http://hrcpmonitor.org/search/?id=14) 36

Human Rights Commission of Pakistan, Accessed on 20 April, 2017. (hrcpmonitor.org, http://hrcpmonitor.org/search/?id=6) 37

Ibid. 38

Ibid. 39

Ibid. 40

Ibid. 41

Human Rights Commission of Pakistan, Accessed on 20 April, 2017. (hrcpmonitor.org, http://hrcpmonitor.org/search/?id=31)



The total number of complaints looked at during 2015 was 30004 of which 0 complaints

were under process at the end of 2015; 42

1777 inquiries were processed during 2015 of which 663 were still under process by the

end of 2015;43

731 investigations were authorized during 2015, with 329 still under process by the end

of the year.44

In Pakistan, estimates of illicit financial flows put over $10 billion as escaping taxation

and being drawn off outside the country. 45

Government Expenditure % of GDP in 2016 : 21.4 46

Only 34 percent of children under the age of 5 in Pakistan are registered. This means that

more than 10 million under-5 children are still not registered.47

Provincial Assemblies of Khyber Pakhtunkhwa and Punjab have passed Right to

information act and established their independent information commissions in 201348

while Provincial Assembly of Sindh has also passed The Sindh Transparency and Right

to Information Act, 2016.

On July 15, 2014, the Senate's Standing Committee on Information, Broadcasting and

National Heritage, approved the draft of the Right to Information Bill 2014 with

proposed amendments after having referred it to the Ministry of Information and

Broadcasting. This Bill is currently awaiting Federal Cabinet approval before it is tabled

in the Parliament for passage and later its promulgation. 49

Challenges:

Rhetoric related to trafficking, exploitation, violence and torture of children; rule of law

and equal access to justice; provision of legal identity for all, including birth registration;

public access to information and protection of fundamental freedoms; and strengthening

of institutions to prevent violence and combat terrorism and crime are still not as

mainstream in Pakistan. 50

There is s prevailing general level of mistrust related to the judicial system within the

masses, especially the lower middle, and lower strata of the Pakistani society.

There is a lack of awareness regarding the rights guaranteed by the Constitution of

Pakistan and the laws relating to them.

There is a lack of uniform policing in many regions of Pakistan which leads to people

being hesitant in reporting crimes.

42

National Accountability Bureau. ”Annual Report 2015”, (http://www.nab.gov.pk/Downloads/NAB%20Annual%20Report%202015.pdf). 43

Ibid. 44

Ibid. 45

Dawn. 2017. “Pakistan loses $10bn a year to money laundering.” Accessed 21st

April 2017. (https://www.dawn.com/news/1318697) 46

Economy Watch. 2017. “Pakistan Government Expenditure % of GDP.” Accessed 21st

April 2017. (http://www.economywatch.com/economic-statistics/Pakistan/Government_Expenditure_Percentage_GDP/) 47

National Institute of Population Studies. “Pakistan Demographic & Health Survey 2012-13”, Accessed on April 20, 2017. 48

Ahmed Bilal Mehboob. “The right to information”. Dawn, February 20, 2016. 49

PILDAT. 2015. “The Right to Information Bill, 2014.” Accessed 21st

April 2017. (http://www.pildat.org/Publications/publication/FOI/LB_TheRighttoInformationBill2014.pdf) 50

Dawn. 2016. “Translating aspiration into reality.” Accessed 30th

March 2017. (https://www.dawn.com/news/1287111)



There is a lack of sensitive and friendly institutions that deal with issues abuse,

trafficking, and exploitation.

Media has played a massive role in creating a trust deficit between the masses and the

institutions of governance, law and justice. This gap is widened by cases of abuse being

reported in a highly insensitive manner such as that of “Tayyaba.”

The capacity of institutions monitoring and eradicating bribery and corruption is

significantly weak;

Lack of inclusive, responsive, participatory, and representative decision making at all

levels;

Lack of participation in global governance institutions;

Lack of institutional capacity building for the prevention of violence, combat, and

terrorism;

Lack of policies and laws that are non-discriminatory and promote sustainable

development.

Way forward:

Introduce stricter checks and balances on violence, abuse, trafficking, and exploitation

via laws, seminars, and public awareness;

Provide equal access to justice platforms such as an efficient and effective court system;

Police in Pakistan should be trained to deal with cases of abuse and exploitation in a

sensitive and non- triggering manner;

There need to be stronger procedures for monitoring and conducting transparent

financial flows;

Media needs to be held responsible for unchecked and insensitive reporting of cases of

abuse. There needs to be a special code for such reporting.

Introduce checks and balances on bribery and corruptions e.g. by creating a safe and

independent framework for reporting and investigating bribery and corruption;

Ensure public institutions are made sufficiently transparent, accountable, and effective;

Ensure decision making is inclusive, and that all due and relevant concerns and options

are considered;

Create opportunities for public participation in global governance institutions;

Build institutional capacity for addressing crime and terrorism;

Ensure policies, new and existing, are non-discriminatory and promote sustainable

development.

In order to ensure public access to information, legislation on Right to information must

be passed by Federal Government as well as Provincial Assembly of Balochistan.



Goal 17:

STRENGTHEN THE MEANS OF IMPLEMENTATION AND REVITALISE THE

GLOBAL PARTNERSHIP FOR SUSTAINABLE DEVELOPMENT

Statistics:

Total remittances in FY 2015: US$18.72 Billion 51

Total Foreign Direct Investment FY 2015: $ 922.9 Million 52

Net official development assistance and official aid received in 2015 (current US$):

3,790,440,000.53

Total revenue stood at Rs.2961.9 billion during July to March FY 2016.54

Debt Service as a percentage of GDP (2015): 5.8%55

Pakistan ranked 147th out of 188 countries and territories with a Human Development

Index (HDI) value of 0.538.56

In 2003, the Governments of Pakistan and the United States signed a comprehensive

Science and Technology Cooperation Agreement that established a framework to

increase cooperation in science, technology, engineering and education for mutual

benefit and peaceful purposes between the science and education communities in both

countries. 57

Internet users, per 100 people in 2015: 18 people 58

All Products AHS Weighted Average (%): 9.859

Government of Pakistan has started census in March 2017.

Challenges:

Pakistan faces constant fluctuations in the levels of trade, investment and remittances

which hampers the development process.

The concept of investing one’s savings is still not widespread. Savings are usually directed

towards marriage or purchase of property in Pakistan.

An inclusive approach is still missing from many policies and development agendas in

Pakistan.

A large amount of funds are still being allocated on debt servicing by Pakistan.

51

Ministry of Finance. 2016. “Trade and Payments.” Accessed 21st

April 2017. (http://www.finance.gov.pk/survey/chapters_16/08_Trade.pdf) 52

Ibid. 53

World Bank. 2017. “Net official development assistance and official aid received (current US$).” Accessed 21st

April 2017. (http://data.worldbank.org/indicator/DT.ODA.ALLD.CD) 54

“Highlights of the Economic Survey of Pakistan 2015-16,” Economic Adviser’s Wing, Finance Division, Government of Pakistan, Islamabad, http://www.finance.gov.pk/survey/chapters_16/highlights_2015_16.pdf 55

Ministry of Finance. 2015. “Public Debt.” Accessed 13th

January 2017. (http://www.finance.gov.pk/survey/chapters_16/09_Public_Debt.pdf) 56

UNDP. 2015. “Human Development Index Report 2015.” Accessed on 21 April, 2017. (http://hdr.undp.org/sites/default/files/2015_human_development_report.pdf). 57

Higher Education Commission. 2017. “Pakistan – United States Science and Technology Cooperation Program.” Accessed 21

st April 2017. (http://hec.gov.pk/english/services/universities/Pak-Us-stcp/Pages/default.aspx)

58 The Global Economy. 2017. “Pakistan: Internet users.” Accessed 21

st April 2017.

(http://www.theglobaleconomy.com/Pakistan/Internet_users/) 59

World Bank. 2017. “Pakistan All Products AHS Weighted Average (%).” Accessed 21st

April 2017. (http://wits.worldbank.org/CountryProfile/en/country/PAK/startyear/LTST/endyear/LTST/tradeFlow/Import/indicator/AHS-WGHTD-AVRG/partner/WLD/product/Total)

http://www.finance.gov.pk/survey/chapters_16/09_Public_Debt.pdf



The culture of strong public private partnerships is not evident. We are yet to see

examples of organizations thriving under public private partnerships.

Pakistan is lagging behind when it comes to green growth. The element of protecting the

environment is missing from most development schemes.

Way forward:

While the government has recognized the need for regional cooperation and regional

peace with projects like China Pakistan Economic Corridor (CPEC), the Central Asia

South Asia (CASA 1000) electricity power project, the Turkmenistan-Afghanistan

Pakistan-India (TAPI) natural Gas pipeline and the Turkmenistan-Uzbekistan-

Tajikistan-Afghanistan-Pakistan (TUTAP) electricity transmission line, more

partnerships and collaborations are required for progress of the country.60

Projects based on internal partnerships between the provinces, civil society and private

sector should also be initiated.61

Current institutions should be transformed to employ cross sector partnerships. This

will allow for effective use of resources, less wastage and optimum output levels.

The provision of technology should also be made a priority. Special incentives should be

given to firms and individuals making use of or developing newer technologies which

promote growth as well as maintain the environment.

The culture of investing one’s saving should be inculcated. Awareness should be spread

regarding the use of banks and investing in the local economy. Safe investment plans

should be developed to encourage people in investing within the country.

Light should be shed on the common goals, encouraging partnership. The SDGs agenda

provides a strong sense of common purpose. The Government should make use of this

and establish polices which incorporate the provinces and civil society working

together.62

More efforts are required to increase internet usage in the country.

International aid should be used in innovative ways and in diverse sectors.

Student exchange programmes should be funded by the Government within the South

region, promoting South- South cooperation. These exchanges should be conditional;

students will have to come back after learning from the examples of other countries and

serve in Pakistan on the basis of what they’ve learnt.

60

Neile Buhne, “Partnership for Goals,” Dawn, October 07, 2017. 61

Ibid. 62

Ibid.



ANALYSIS

Asset Declaration Laws: a Comparison of

Pakistan, India, Bangladesh, Bhutan and the Philippines

Zonia Yousuf

Young Parliamentary Subject Expert (PIPS)

Introduction:

A constructive and potent asset declaration law requires that the key public office holders

disclose, regularly, precise information regarding their assets, liabilities, sources of income as well

as interests. Asset declaration done by the officials of the government is a powerful mechanism

to inhibit corruption, detect unlawful enrichments and resolve conflicts of interest. According to

the World Bank, more than 150 countries have introduced laws requiring public officials to

disclose their assets. 1

Several countries make these declarations openly available to the public for scrutiny. This not

only enhances their anti-corruption values but is also a tool to increase the citizens’ trust on their

public administration. Often the civil society and journalists play a significant role in maintaining

transparency as they uncover irregularities and trigger formal investigations of asset declarations

by anti- corruption agencies. Since there are no agreed upon standards set internationally for

asset disclosure requirements, studies that assess the operational effectiveness of these laws

across countries have pointed out a set of core principles that could be considered by

governments when adopting asset declaration laws. 2 These include rules regarding the (i)

coverage of assets declaration; (ii) types of information to be declared; (iii) frequency of filling;

(iv) monitoring and enforcement, (v) sanctions; and (vi) availability of information to the wider

public.

Keeping in line with this framework, this paper highlights how each of these concerns is dealt

with in the asset declaration laws of the following countries: Pakistan, India, Bangladesh, Bhutan

and the Philippines.

Coverage of Asset Declaration Rules:

Ideally, asset declaration laws should include the leadership of the three branches of government,

that are executive, legislative and judiciary, including the senior level civil - military bureaucracy.

Furthermore, asset declaration laws should also account for the risk of corrupt officials

protecting themselves by using the names of their family member and other individuals to hide

their assets. Therefore, the declaration of assets held by or kept in the name of their spouses,

children and other household members should also be disclosed.

In most countries, the legal requirements regarding the coverage of the laws of asset declaration

are generally comprehensive and cover a wide range of public servants instructing them to

disclose their assets. However, there is much debate on whether a single declaration mechanism

should be applied to all the members of the government, or whether different categories of

public servants should be treated differently by the declaration laws.3 The following table

illustrates the coverage of asset declaration laws in the countries under study:

1 World Bank. 2016.” Asset Declarations: A Threat to Privacy or a Powerful Anti-Corruption Tool?” Accessed 17

th April 2017.

(http://www.worldbank.org/en/news/opinion/2016/09/26/asset-declarations-a-threat-to-privacy-or-a-powerful-anti-corruption-tool) 2 OECD. 2011. “Asset Declarations for Public Officials: A Tool to Prevent Corruption.” Accessed 17

th April 2017.

(http://www.oecd-ilibrary.org/governance/asset-declarations-for-public-officials_9789264095281-en) 3 Ibid.



Country Law

Pakistan According to the 1976 Representation of People Act and the 1964 Government

Servants (Conduct) Rules: members of the parliament and civil servants, including

ministers, are required to declare their assets as well as the assets and liabilities of

their spouses and children. The head of state, on the other hand, is not required

by law to declare their income and assets.4

India Ministers, candidates for election, members of the parliament, and civil servants

are required to disclose their assets. Legally, the president is not obliged to

disclose any information. According to the Lokpal and Lokayuktas Act, 2013,

apart from government officials, the office bearers/management of not for profit

entities receiving government finance/foreign donations must also declare their

assets, liabilities as well as that of their spouse and dependent children. 5

Bangladesh Heads of government are not required by law to declare their assets. Candidates

to the parliament have to declare their assets at the time they register their

candidacy (Art. 27A (2) of the Conduct of Election Rules). However, once

elected, there is no legal requirement for disclosure of assets. According to the

Government Servants Conduct Rules (1979), a large number of civil servants

(with a few exceptions) are required to disclose their assets, including information

about their spouses and children.6

Bhutan The Anti-Corruption Act of Bhutan, 2006 and the Asset Declaration Rules, 2008

compels all public servants, except those engaged in casual or temporary jobs to

disclose their assets. The unemployed spouse, child and dependents of the civil

servant must also disclose their assets. 7

Philippines Asset disclosure is mandated by the Constitution of the Republic of the

Philippines 1987, Article XI, Section 17. The President, the Vice-President, the

Members of the Cabinet, the Congress, the Supreme Court, the Constitutional

Commissions and other constitutional offices, and officers of the armed forces

with general or flag rank their assets, liabilities, net worth and financial and

business interests including those of their spouses and of unmarried children

under 18 years of age living in their households.8

What should be declared?

Asset declaration as a mechanism should systematically cover a wide range of information,

predominantly including: 9 10

4 Maíra Martini. “Asset declaration regimes in selected Asian countries.” Transparency International. (2013)

5 Seema Jhingan, Neha Yadav and Saniya Kothari. 2016. “India: Declaration of Assets Under The Lokpal Act – Applicability

To NGOs' And Recent Amendments.” Accessed 19th April 2017. (http://www.mondaq.com/india/x/524052/Corporate+Governance/Declaration+Of+Assets+Under+The+Lokpal+Act+Applicability+To+NGOs+And+Recent+Amendments) 6 Maíra Martini. “Asset declaration regimes in selected Asian countries.” Transparency International. (2013)

7 Government of Bhutan. 2017. “Anti-Corruption Commission.” Accessed 19th April 2017. (http://www.anti-

corruption.org.bt/?q=node/1653) 8 Pelagio S. Apostol, Office of the Ombudsman. “The Experience of Asset Declaration in the Philippines.” Accessed 19th

April 2017. (https://www.oecd.org/site/adboecdanti-corruptioninitiative/39367966.pdf) 9 Transparency International. 2013. “Holding Politicians To Account: Asset Declarations.” Accessed 17

th April 2017.

(http://www.transparency.org/news/feature/holding_politicians_to_account_asset_declarations) 10

Maíra Martini. “Asset declaration regimes in selected Asian countries.” Transparency International. (2013)



i. Assets: private residence; second homes, farms; financial investments such as stocks,

retirement accounts, and insurance policies, among others; business assets such as private

corporations and partnerships; back accounts; vehicles; and other significant movable

assets, such as jewelry, arts, and cattle.

ii. Liabilities: All debts, obligations, loans, mortgages, guarantees, and co-signatures.

iii. Income (from all/ various sources): including financial investments; business assets;

private sector employment; professional services, such as consultancies or other paid

contracts in the public or private sector; boards and directorships; other public

employments.

iv. Gifts: including all significant gifts, advantages, and other benefits received, including

financial sponsorships and sponsored visits.

Additionally, if the law in place also includes the identification and prevention of conflict of

interests, then officials should also be compelled to declare their unpaid contracts and

employment; unpaid boards and directorships; participation in organizations, NGOs, and trade

unions, as well as post-tenure positions and employment.

Country Law

Pakistan Members of the parliament and civil servants have to declare their assets,

including information on: (i) immovable properties, such as houses, commercial

businesses, a business capital in Pakistan and abroad; (ii) movable assets, such as

vehicles, machinery, jewelry, and furniture; and (iii) cash in bank drafts, bank

accounts, and remittances. Information on loans and debts should also be

disclosed as well as on investments, stocks and shares. There are standardized

forms to be filled by members of the parliament (Form XXI Statement of Assets

and Liabilities), senators (Form XI Statement of Assets and Liabilities), and civil

servants (Declaration of Income and Assets Form).

India There is a standardized form to be used for members of the parliament (both

houses) and by civil servants to declare their assets, and the law specifically

prescribes the items to be covered by the declaration, including movable and

immovable properties, loans and debts, as well as all sources of income.

Bangladesh Candidates and civil servants have to disclose information about their assets,

income, and loans. However, the law does not specify which items should be

covered. A standardized form is submitted by the Election Commission to

candidates, and the anti-corruption agency has also prepared a standardized form

to be filled by their officials.

Bhutan The Law states that a public servant’s declaration shall contain information on the

following: (a) reason for the declaration and his other personal information

including his spouse, child and dependent (b) assets comprising properties such

as land and building, shares and stocks, vehicle/machineries, deposits, convertible

assets, intellectual property rights, and other assets and activities including their

mode of acquisition, situation, registration number and estimated value (c)

income from employment, rental, deposits, securities, shares, hiring and other

sources and (d) liabilities including loans, mortgages and children’s education

expenses.

Philippines The Statement of Assets and Liabilities and Net Worth shall contain information



on the following: (a) real property, its improvements, acquisition costs, assessed

value, and current fair market value; (b) personal property and acquisition costs;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds,

and the like; and (d) All financial liabilities, both current and long-term. It shall

also contain information on any existing interests in, or any existing connections

with, any business enterprises or entities, whether as proprietor, investor,

promoter, partner, shareholder, officer, managing director, executive, creditor,

lawyer, legal consultant or adviser, financial or business consultant, accountant,

auditor.

Frequency of Declaration:

For the sake of identifying any possible conflict of interests and to track any illicit enrichment,

asset declarations should preferably be filled out in a regular manner; in an ideal world they

should be done annually. Previous analysis of various asset declaration regimes shows that there

are three distinct patterns with regards to the frequency of declarations: 11

1. Declarations are made in a periodic manner: annually or after every 2 years

2. Declarations are driven by events. If officials are faced by events that lead to a

significant change in their holdings, then they must update the initial declaration they

have made.

3. Declarations are made twice in their careers: once upon entering the government

and then upon leaving.

The frequency of declaration along with the coverage of public servants must take into account

the capacity of the oversight agencies to process and manage all the data. With regards to the

frequency, the laws in the selected countries are relatively weak. While most countries require

public officials to make asset declarations upon taking up office, regular declarations are still a

rarity making it difficult to identify inconsistencies and timely address any wrongdoings.

Country Law

Pakistan Asset declarations must be submitted by members of the Parliament and civil

servants upon taking office/on their first appointment and annually (by 30

September and 31 December respectively).

India Members of the parliament have to submit their asset declaration upon taking

office and upon change in assets. Civil servants are also required to declare

information upon taking office, but information on immovable properties should

be filled annually. In addition, according to the All India Services Conduct) Rules,

civil servants have to request permission before acquiring any immovable

property.

Bangladesh Candidates for parliament have to declare their assets as part of the requirements

to register their candidacy. Once having been elected, they are no longer obliged

to disclose their assets. Civil servants are required to disclose their asset upon

taking office and after five years to demonstrate any significant change in wealth

Bhutan A public servant shall make his declaration: (a) within three months after

11

OECD. 2011. “Asset Declarations for Public Officials: A Tool to Prevent Corruption.” Accessed 17th April 2017. (http://www.oecd-ilibrary.org/governance/asset-declarations-for-public-officials_9789264095281-en)



assumption of office as from the first day of his service (b) annually thereafter

between February 1 and March 31 (c) three months prior to vacation of office in

the case of a fixed term public servant and along with resignation notification in

the case of other public servants and (d) within a week upon unforeseen vacation

of office / termination.

Philippines Officials must make their declarations: 1) Within 30 days after assumption of

office, statements of which must be reckoned as of his/her first day of service; 2)

On or before April 30 of every year thereafter, statements of which must be

reckoned as of the end of the preceding year, and 3) Within 30 days after

separation from the service, statements of which must be reckoned as of his/her

last day of office.

Monitoring and Enforcement:

For the asset declaration mechanism to be effective and potent, it must be equipped with an

independent regulatory authority responsible for the receiving, reviewing and enforcement of

asset declaration laws. In the addressed countries, there are no best practices when it comes to

such a regulatory authority. In most cases the governments have made “in house arrangements”

where by the public officials submit their asset declarations to their respective units or superiors. 12

Country Law

Pakistan The Electoral Commission is responsible for receiving and enforcing asset

declaration returns from members of the parliament. With regards to civil

servants, there is no single and independent agency handling asset declarations.

Respective ministries and government agencies are thus responsible for receiving

and enforcing declaration from their officials.

India There is no independent agency responsible for receiving and overseeing asset

declaration rules. Members of the lower and upper house have to submit their

declaration to the speaker and to the chairman of the respective houses. Central

civil servants submit their declarations to the prescribed authority of their

ministry or department that is also responsible for the enforcement of the rules.

Other civil servants submit two copies of the declaration, one to the state

government and another one to the Department of Personnel and Training.

Bangladesh Established in 2004, the Anti-Corruption Commission (ACC) in Bangladesh

functions as a neutral, independent institution to enact preventative and

retributive policies to fight corruption in a variety of entities, both governmental

and non-governmental. Its three commissioners are appointed by a selection

committee and approved by the president. 13

12

OECD. 2011. “Asset Declarations for Public Officials: A Tool to Prevent Corruption.” Accessed 17th April 2017. (http://www.oecd-ilibrary.org/governance/asset-declarations-for-public-officials_9789264095281-en) 13

Government of Bangladesh. 2017. “Anti-Corruption Commission.” Accessed 19th

April 2017. (http://acc.org.bd/index.php)



Bhutan In 2005¸Bhutan established the Office of the Anti-Corruption Commission

which his responsible for the prevention and investigation of all acts of

corruption. 14

Philippines There is no specialized agency for the monitoring and enforcement of asset

declarations. The law states that all public officials and employees must submit a

statement of their assets, liabilities and net worth to their respective Chief or

Head of the Personnel/Administrative Division or Unit/Human Resource

Management Office. The gathered declarations are tallied by the heads of the

divisions and then passed on to their respective ministerial heads. 15

Punishments for non- compliance:

All states must seek to establish a set of criminal penalties along with administrative sanctions for

non- submission, late submission or faulty submissions of asset declarations. In most countries,

those with faulty submissions are faced with only administrative punishments. Some countries

have no sanctions for non- compliance at all while few have criminal punishments.

Country Law

Pakistan The failure to comply with asset disclosure rules (i.e., late filling or non-filling) by

members of the parliament can lead to administrative sanctions, such as the

suspension of membership in parliament. Criminal sanctions, including fines

and/or up to 5-year imprisonment can also be applied if the information declared

is false. Civil servants, on the other hand, may only face administrative sanctions

for non-compliance.

India The law does not specify any administrative or criminal sanction for

parliamentarians who fail to declare their assets or present false/inaccurate

information. General rules regarding conduct within both houses apply in these

cases. This means that the speaker of either house can apply general administrative

sanctions if there is evidence of wrongdoings.

Banglade

sh

The Election Commission may reject the nomination of a candidate for parliament

if the provision regarding asset disclosure is not fulfilled. In addition, if at any time

the Election Commission verifies that the information provided was false, the

individual may lose its seat in parliament.

Bhutan The law states that a schedule I public servant (includes the heads of the three

branches of the government, military, police as well as the ministers) shall be

impeached or removed from office. A non-schedule I public servant shall be

imposed a fine of an amount equivalent to ninety days’ daily minimum wage.

Philippine

s

The penalty of the offense of failure to file the asset declaration is i) suspension

from 1 to 6 months and; 2) dismissal from the service. The officer or employee

who violated the requirements of asset declaration can also be criminally and/or

administratively punished. The officer in violation shall be punished by a fine, or

by imprisonment not exceeding one year and six months, or by both at the

14

Government of Bhutan. 2017. “Anti-Corruption Commission.” Accessed 19th

April 2017. (http://www.anti-corruption.org.bt/?q=node/1653) 15

Pelagio S. Apostol, Office of the Ombudsman. “The Experience of Asset Declaration in the Philippines.” Accessed 19th

April 2017. (https://www.oecd.org/site/adboecdanti-corruptioninitiative/39367966.pdf)



discretion of the Court.

Policy for Public Disclosure:

Asset declarations can either be open for public scrutiny or limited to the responsible authorities.

When opting for public disclosure, the government can still choose whether or not to display the

contents in their entirety or publically make available only parts of the declarations. According to

assessments of asset declaration regimes around the world by Organization for Economic Co-

operation and Development (OECD), the efficacy of any asset declaration law depends a great

deal on its policy for public disclosure. By making asset declarations open to the public, the

officials are open to the scrutiny of the media, civil society and citizens. Such a policy supports

the enforcement of the law. 16

Country Law

Pakistan Asset declarations submitted by parliamentarians and senators are published in

the official gazette and available in hard copy, but there is no regulation on the

timeframe within which this information should be made available.

India The law does not require declarations to be made publicly available. 17

Bangladesh Declarations of asset made by candidates for parliament are available to the

public at the Election Commission Database. 18 However, civil servants’

declarations are confidential.

Bhutan Any declaration or copy thereof may be made available to any applicant in person

upon written application by the Anti- Corruption Commission or head of an

agency, during office hours free of charge. However, the law clearly states that the

declarations cannot be used: (a) for any unlawful purpose (b) for any commercial

purpose, other than by news and communications media for dissemination to the

general public (c) for determining a financial soundness of any individual or (d)

for use, directly or indirectly, in soliciting money.

Philippines The public has access to the declarations/statements but with certain limitations

as stated in the law: (1) Any and all statements shall be made available for

inspection at reasonable hours (2) Such statements shall be made available for

copying or reproduction after 10 working days from the time they are filed as

required by law. (3) Any person requesting a copy of a statement shall be required

to pay a reasonable fee to cover the cost of reproduction and mailing of such

statement, as well as the cost of certification (4) Any statement shall be available

to the public for a period of 10 years after receipt of the statement. After such

period, the statement may be destroyed unless needed in an ongoing

investigation.

16

OECD. 2012. “Prevention of Corruption in the Public Sector in Eastern Europe and Central Asia.” Accessed 19th

April 2017. (http://www.oecd.org/corruption/acn/ACN-Prevention-Corruption-Report.pdf) 17

Seema Jhingan, Neha Yadav and Saniya Kothari. 2016. “India: Declaration of Assets Under The Lokpal Act – Applicability To NGOs' And Recent Amendments.” Accessed 19

th April 2017.

(http://www.mondaq.com/india/x/524052/Corporate+Governance/Declaration+Of+Assets+Under+The+Lokpal+Act+Applicability+To+NGOs+And+Recent+Amendments) 18

Bangladesh Election Commission. 2017. “Personal Information of Candidates of National Election.” Accessed 19th

April 2017. (http://123.49.39.5/asset/index.php?lang=en)



Conclusion:

The effectiveness of asset declaration rules is subject to various issues. It is instrumental,

however, that they are backed by a strong political will; for the enforcement of the laws in place

along with the will to alter the behavior of public administration on ethical grounds. Moreover, it

is essential for the oversighting authorities to possess the required resources for the effective

gathering and processing of information as well as the enforcement of the law. The definition of

public officers is most important as it essentially should include public office holders in

executive, judiciary and legislature as well as elected representatives. Among countries compared

in this study, the Philippines Asset disclosure is most comprehensive as it is mandated by the

Constitution of the Republic of the Philippines 1987, Article XI, Section 17, which says that

“The President, the Vice-President, the Members of the Cabinet, the

Congress, the Supreme Court, the Constitutional Commissions and other

constitutional offices, and officers of the armed forces with general or flag

rank their assets, liabilities, net worth and financial and business interests

including those of their spouses and of unmarried children under 18 years of

age living in their households.”19

In other countries including Pakistan, there are ACTS of PARLIAMENT defining the concept

of public office holders, which essentially defines it to be any official serving in federal/central as

well as provincial government institution, and therefore, ought to include executive, judiciary and

legislative branch of the State yet subsequent rules of respective departments can and should

include the same. In India’s legislation of the subject, even the NGOs getting funding of Rs. 1

crore from government or over Rs. 10 lakh from foreign exchequer, has to file regularly the asset

and liability declaration. Apart from this, the presence of inhibitive sanctions is also a criterion

for encouraging public officials in complying with the law. The case of the above mentioned

countries tell us that despite the comprehensive nature of the legal framework on the matter,

very less attention is being paid to the implementation and enforcement of the asset declaration

law.

A well-defined mechanism for asset declaration is a tool to not only fight corruption and misuse

of power but also paves the way for a stronger democracy. It enhances trust of the citizens on

public administration and magnifies values of fairness, hard work and respecting the law.

Therefore, the various challenges faced by countries for the implementation and enforcement of

these laws should be addressed to promote cherished values of integrity, honesty, accountability,

responsibility, fairness, transparency, professionalism, rule of law and impartiality of public

officers. Above all annual compliance report of said asset declaration legislations by respective

institutions to the Parliament could be made mandatory requirement.

19

Pelagio S. Apostol, Office of the Ombudsman. “The Experience of Asset Declaration in the Philippines.” Accessed 19th April 2017. (https://www.oecd.org/site/adboecdanti-corruptioninitiative/39367966.pdf)



OPINION

French Presidential Elections 2017 – A Prologue

Fakiha Mahmood

Research Officer, PIPS International Relations Desk

The French presidential elections are taking place in an environment where the ascendency of

Donald Trump to the American presidency and the Britain’s departure from the European

Union in the wake of the so-called Brexit is changing the course of history. All eyes are now set

to look what the French people decide in the upcoming election. Being one of the permanent

members of the United Nations Security Council and a de jure1 nuclear weapons state, France

plays an important role in the international politics. By virtue of being a former colonial power, it

exercises considerable influence in several countries beyond its borders and even beyond the

European continent, e.g. the Middle East and North Africa. France has a leading role in the

European Union decision making process. The increasing discontent with the European Union

and the Brexit has generated a debate for a probable Frexit.

Government and Constitution

France has a semi-presidential system in

place. The President is the head of the state

and the Prime Minister is the head of the

government. The distribution of power

between both of them is ambiguous as seen

from the constitutional lens, however in

practical terms the President is more powerful.

The bicameral French legislature is commonly

known as parlement. In fact, the word

parliament is derived from French word parler

which means “to speak.” The upper house is

compose of 348 members and is called Sénat

(Senate), and the lower house i.e. Assemblée

nationale (National Assembly) consists of 577

members. In comparison with other developed

countries’ the French legislature is weak as the

constitution of the Fifth Republic provides

more powers to the executive. France has a

unitary form of government, with three levels of local government i.e. region, department and

commune.2

Over the centuries since French revolution, the country has experienced various kinds of

political systems including authoritarian regimes, from absolute monarchy to revolutionary

dictatorship, and democratic regimes both parliamentary as well as semi-presidential. France

adopted pure parliamentary system during the Third (1875-1940) and Fourth (1946-58)

republics. The instability witnessed under the parliamentary systems (24 governments formed in

1 Means “as per the law.”

2 Patrick H. O’Neil, Karl Fields and Don Share, “Cases in Comparative Politics,” (New York: W. W. Norton Company, 2015),

149-205.

Source: http://francemap.facts.co/francemapof/francemap.php, (accessed April 21, 2017).



12 years) culminated into the semi-presidential form of government under the Fifth republic

(1958-present). The current constitution of France is sixteenth since the French revolution of

1789. The constitution of 1958 presented by General Charles de Gaulle moved the country from

parliamentary to semi-presidential system. Under the current system political power is shared by

the directly elected president, the legislature and the prime minster who reports to both the

president and the legislature. The system henceforth implemented was a new idea in the

democratic systems and was subsequently followed by more than 20 countries world over

including Russia, Taiwan, Portugal, and the Ukraine.3

Electoral System

France was the first country in Europe to implement mass electorate in the country, the electoral

law of 1848 enfranchised all male citizens above the age of 21 years. The French women above

the age of 21 years got the right to vote in 1944. The voting age was reduced to 18 years in 1974.4

French president is elected directly through a system of two-round runoff voting every five years

(prior to 2002, the tenure of president was seven years). All candidates contest elections in the

first round, whereas the top two candidates again face each other during the second round of

voting two weeks later. The same single member district (SMD) system in two-round runoff

voting is implemented for the elections of deputies to the national assembly every five years.

With due support from the president as well as the legislature, the prime minster of France is

appointed by the president. The French system is different from other parliamentary systems by

virtue of article 23 of the French constitution which prevents any member of the legislature from

serving simultaneously as the prime minster of the country.5

The presidential elections 2017 will be held across France and in its overseas territories. Almost

45.7 million registered voters would cast their votes to elect the president of France. The first

round of voting will take place on April 23, 2017. If no single candidates obtains clear majority

(which has never happened in the Fifth republic), a second round of voting, putting top two

candidates facing each other, would take place on May 7, 2017. The voting would take place

predominantly through paper ballot with hand counting. Few voting machines are available in

some areas, however, there is no electronic voting. The presidential elections would be followed

in June 2017 by the elections for the lower house of the Parliament.6

Major Political Parties

The Right and Center

The right and center of political power in France since the Fifth republic has remained

dominated by the so called Gaullists or neo-Guallists. They include the political heirs of

General Charles de Gaulle. While de Gaulle himself never associated with any political party, his

admirers and advisers formed different parties of the right. Prominent among them include:

Rally for the Republic (RPR)/ Union for a Popular Movement (UMP): initially led

by Georges Pompidou, the prime minister (1962-1968) under de Gaulle and later the president

3 Ibid.

4 Gabriel A. Almond et. al., Comparative Politics Today: A world view, (New Delhi: Pearson Education, 2004), 222.

5 Patrick H. O’Neil, Karl Fields and Don Share, op. cit., 149-205.

6 Aurelien Breeden, “France’s Presidential Vote on Sunday: Why it matters?” New York Times, April 20, 2017,

https://www.nytimes.com/2017/04/20/world/europe/france-election.html?ref=todayspaper&_r=0, (accessed April 21, 2017).



of France (1969-1974, died in office), RPR dominated the political leadership of France for 16

years (1958-1974), by capturing both the presidency and the premiership. In 2002 Jacques Chirac

inspired the center right parties to gather in a single platform under UMP often considered a

successor to RPR. Currently UMP is the largest conservative party of France.

Union for French Democracy (UDF): led by Valéry Giscard d’Estaing, a political rival

of Chirac and former president (1974-1981), the UDF is an alliance of center right parties. The

UMP and UDF are often allied together in order to counter the National Front.7

A political force of far right the National Front (FN) was founded in 1972 by Jean Marie Le

Pen. National Front presents the French voters an alternative from the two mainstream

conservative parties. The party has traditionally been opposed to immigration, particularly the

Arabs from the North Africa, and opposes European integration.

The Left

The Socialist Party (PS): Established in 1905 the Socialist Party of France has emerged as a

potent force in the political landscape of France not earlier than 1970s. François Mitterrand led

the Socialist Party in 1969 and succeeded in clinching the presidency in 1981, becoming the first

socialist president of the Fifth republic. However, corruption allegations and some unpopular

decisions, for example the joining of the Maastricht Treaty, again put the Socialist Party into

backburner, until 2012 with the presidency of François Hollande. Again the unpopular regime of

François Hollande has cast dark shadows over the political career of PS. In March 2014, PS lost

in local elections including some of its traditional strongholds.8

The Communist Party (PCF): the PCF has been an influential party of French left. It played

an important role in offering resistance to Nazi occupation during World War II, and actively

supported the Soviet Union’s policies. With support base in French workers and trade unions,

the PCF did well in some local and national elections but never succeeded in gaining significant

national power. The collapse of the Soviet Union further damaged its appeal among the voters.9

French Presidential Elections 2017: Major Contenders

Marine Le Pen

Born in 1968, Marine Le Pen is a lawyer by profession. She has been leading the National Front

since 2011, succeeding her father. The founder of the party, Jean Marie Le Pen, is mostly

condemned for his so-called anti-Semitic remarks, as he considers Holocaust a “detail of history”

of Second World War. In 2014 he advocated Ebola virus as a solution to the country’s

immigration problems. The controversies around such remarks resulted into his expulsion in

2015 from the party he founded and led for four decades. The current leader of the party, his

daughter Marine Le Pen has demonstrated departure from the controversies surrounding her

father, particularly the remarks concerning Holocaust.10 Advocating a France First policy Marine

Le Pen has presented 144 commitments, highlights include:

Referendum on membership of European Union

7 Patrick H. O’Neil, Karl Fields and Don Share, op. cit., 149-205.

8 Ibid.

9 Ibid.

10 Encyclopedia Britannica, https://www.britannica.com/biography/Marine-Le-Pen;

https://www.britannica.com/biography/Jean-Marie-Le-Pen, (accessed April 18, 2017).



Referendum to revise constitution

Lower the number of deputies (members of National Assembly) to 300 and the number

of senators to 200.

Restore the national borders and exit Schengen area.

Prohibit and dissolve organizations of all kinds related to Islamist fundamentalists.

Close all extremist mosques … prohibit all public funding places of worship and religious

activities.

Increase the public research budget by 30%.

Pave permanently all public buildings of the French flag and remove the European flag.

Leave the integrated military command of NATO so that France is not drawn into wars

which are not its own.

Refuse free trade treaties.11

François Fillon

Having inspired from Charles de Gaulle, François Fillon is aligned in the conservative camp. He

is a former civil servant and has served France as Prime Minster during the tenure of President

Nicholas Sarkozy from 2007 to 2012. The former president Nicholas Sarkozy faced defeat

during the primary elections paving the way for François Fillon as Republican nomination for

the presidential elections 2017. His repute suffered blow with the emerging of a scandal alleging

that he provided his wife huge sums of money in the name of fake employment. He has denied

the allegations and the accused the sitting president of hatching such conspiracies to negatively

impact upon his election campaign. Key features of his election campaign are:

Reducing the size of French civil service

Strengthening the European Union

Belief in two-state solution to Israel-Palestine conflict, ensuring respect for the security

of Israel and the right of the Palestinians to live in a recognized state.

To reinforce the conception of secularism and to fight firmly against Islamic

totalitarianism.

Rebuilding the Schengen treaty

Reducing legal immigration to bare minimum

Strengthening the institution of family as a pillar of society12

Emmanuel Macron

A former investment banker of 39 years age, Emmanuel Macron has never contested elections

before. He denies any party affiliation. He served as economy minister during François Hollande

presidency. Some of the excerpts of his election project are:

Make research a national priority

We will make France the world leader in research on global warming and environmental

transition

We need to strengthen Europe and give it more power. France will not be strong without

a strong Europe.

11

Presidential Commitments Marine 2017, https://www.marine2017.fr/programme/, (accessed April 18, 2017). 12

https://www.fillon2017.fr/projet/, (accessed April 18, 2017).



To help the Muslims of France to continue structuring institutions representative of their

religion in the country. To fight in a determined way against all the radical deviations that

diverts the values of this religion.

The security of Israel is for us an intangible principle, as is the legitimacy of the

Palestinian state. We must seek the conditions for a just and lasting peace, which will

enable the two states to coexist in security.

We will work with other Asian countries, notable India, which is our first strategic

partner in Asia.

Increasing diverse families, including homosexuals as well.13

Benoít Hamon

Benoít Hamon was born in 1967, and has been a member of the Socialist Party since 1987. A

former member of the European Parliament Hamon has earlier served as minister for

employment and solidarity, deputy minister for social economy and consumer affairs and minster

of national education, higher education and research. Highlights of his manifesto include:

Treaty of democratization of governance of euro area, creation of a European Social

Foundation, and launching of European Defense cooperation.

Compulsory education from the age of 3.

Recognition of the Palestinian state. (as member of committee of National Assembly on

Foreign Affairs initiated the resolution in favor of the recognition of the state of

Palestine in December 2014)

Introduction of a humanitarian visa.14

Jean-Luc Mélenchon

Born in 1951 Jean-Luc Mélenchon is a former vocational education minister and currently

member of the European Parliament. He was the youngest member of the Senate in 1986. He

leads the “France Insoumise” (Un-submissive France) coalition, which is backed by the French

Communist Party. Earlier he was the member of the Socialist Party, which he quit due to

differences with the current president François Hollande.15 Rather than presenting vague

opinions on all the societal or economic issues he has given a clear cut seven point agenda for his

election campaign.

1. I would like to be the last president of the Fifth republic and return home as soon as a

Constituent Assembly, elected to change the constitution completely, has abolished the

presidential monarchy and restored the power of popular initiative. The Sixth Republic

will begin and it will be a re-foundation of France itself.

2. Protecting employees and production in France. Revolutionize taxes so that everyone

pays and according to his real means.

3. The energy transition is vital, but the ecological requirement cannot be reduced to

proclamations and measures that spare the system. It is a question of responding here

and now to the general human interest in the face of climate change.

4. We must come out of the European treaties.

13

https://en-marche.fr/emmanuel-macron/le-programme, (accessed April 20, 2017). 14

https://www.benoithamon2017.fr/le-projet/, (accessed April 20, 2017). 15

The Telegraph, “Who is left-wing firebrand Jean-Luc Mélenchon and what are his policies?” http://www.telegraph.co.uk/news/0/left-wing-firebrand-jean-lucmelenchon/, (accessed April 20, 2017).



5. We no longer have to tolerate the imperial follies of the United State and their military

guardianship tool, NATO.

6. Time to reach new human progress, priority be given to health and education.

7. France is the second maritime territory in the world, and the second nation for the

individual contribution to the conquest of space. This makes us a people with a special,

enthusiastic responsibility at the frontiers of humanity. Here are two vast deposits of

employment, inventions and ecological progress for France and human civilization.16

Conclusion

A permanent member of the United Nations Security Council, France is one of the key players in

the international politics. Together with Germany, France is among the leaders of European

Union. The centuries’ old legacy of French democratic system has inspired various nations

around the world. Furthermore, having inroads into the Middle Eastern politics by virtue of its

role in the regions’ politics over the recent century, France has remained an active player in the

Middle Eastern politics, which often define the patterns of peace and security around the world.

Hence what political scenario emerges in France cannot be underestimated for its impact beyond

its own borders.

France is going through a phase where no political party or coalition is dominating the political

scene. The emergence of candidates like Emmanuel Macron, who denies any party affiliation,

among the major contenders is demonstrating the frustration of the masses towards the

traditional party coalitions. While the legacy of de Gaulle still dominates the French political

setup, the current scenario lacks a leader of that stature. Not surprisingly, the election

environment in France is polluted by corruption scandals and allegations, as happens to be the

case in almost every election everywhere in the world.

Moreover, it is noteworthy to look at the issues which divide the society most. Most important

issues around which the candidates are doing politics are: European Union, the place of

Muslims, and immigration. There is growing resentment even towards NATO for having

dragged France into others’ wars. French people are particularly concerned about the impacts of

climate change.

The growing influence of Islam and Muslims in France and the consequent divide in the society

over the potential response towards this emerging trend is not too different from the anti-

immigration rhetoric of candidate Donald Trump and later on the executive order issued by

President Donald Trump to put ban on people from Muslim countries. The problem is certainly

a fall out of the failure of these permanent members of the United Nations Security Council in

maintaining peace and stability in the world, particularly the Middle Eastern region.

16

https://avenirencommun.fr/sept-axes-programmatiques/, (accessed April 20, 2017).

Increase in development and security related expenditures amid a decline in revenue collection, has

led to an increase in the fiscal deficit to 2.4 percent of GDP in H1-FY17 from 1.7 percent in the

corresponding period of last year.

A sizable increase in import payments in H1-FY17, alongside non-receipt of Coalition Support Fund

(CSF) and a fall in exports and remittances, led to a significant widening in the current account

deficit. Fortunately, sufficient financial inflows mainly from government borrowings and FDI

inflows were available to finance the current account deficit. The overall external balance remained

in surplus in H1-FY17, with SBP’s FX reserves rising by US$ 129 million during the period making

it to US$ 18.3 billion.

For feedback feel free to contact Editor at: Ataturk Avenue (Service Road), F-5/2, Islamabad Email: [email protected] Web: www.pips.gov.pk

Pakistan Institute for Parliamentary Services was established in Dec 2008 through an act of

the Parliament to promote research, provide training and to provide facility of information

to the Parliamentarians in performance of their duties and for matters connected therewith

and ancillary thereto.

PIPS team endeavors to serve the Parliament through its cherished values of :

Integrity, professionalism, non-partisanship, accessibility and anticipation

Disclaimer: The author(s) of each article appearing in this Digest is/are solely responsible for the content there-of; the publication of an article shall not constitute or be deemed to constitute any representation by the Editors or Institute.

Publications by PIPS Research Wing

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ISSN # 2414 Parliamentary Research Digest...Fisheries Development Board (FDB) was established in August 2007. It is responsible for: 6 i. Coordination of national and provincial activities