PR No. 30
[AS PROPOSED BY THE NATIONAL COMMISSION ON THE STATUS OF WOMEN] ELECTION COMMISSION OF PAKISTAN CODE OF ETHICS TO PROHIBIT HATE SPEECH AND VIOLENCE AGAINST WOMEN IN POLITICS Islamabad: March 06, 2023

WHEREAS it is expedient to counter hate speech, character assassination and violence against women in politics so that they may fully exercise their right to take part in politics and national life in a safe and dignified manner. 1. Short Title and Commencement.—(1)This Code of Ethics may be called the Election Commission of Pakistan Code of Ethics against hate speech and violence against women in politics, 20 (2) It shall come into force at once. 2. Definitions: Unless the subject or the context provides otherwise, for the purposes of this Code; (1). Hate speech means any kind of verbal or non-verbal communication or any visible representation (audio or visual) that discriminates and/or instigates or promotes violence or shows disrespect, ridicule or incites violence against women in politics by the political parties, candidates, workers, polling agents, election agents (2). Character assassination means any deliberate destruction of or attempt to destroy a woman involved in politics’ reputation or credibility through personal attacks including negative campaigning, spreading rumors, lies, defamation , comments on her appearance or gender, and any other tactics that are conducted online or offline. (3). Women in politics means any woman above 18 years of age involved in politics as a voter, a political party member, a woman contesting any election, an elected woman or a woman who seats in an elected assembly. 3. The Application of Code of Ethics: This code of ethics shall apply to:- (a) Political parties; (b) Candidates; (c) Political workers; (d) Polling agents; and (e) Election agents ? Fundamental Principles Governing the Code of Ethics WHEREIN ‘we’ will be defined as: (a) Political parties; (b) Candidates; (c) Political workers; (d) Polling agents; and (e) Election agents 4. Following are the fundamental principles governing this Code of Ethics: (1). Respect for Diversity: The Constitution of Islamic Republic of Pakistan, 1973 (the Constitution), values and respects the diversity of all individuals, regardless of their race, gender, religion, or any other characteristic. The Constitution prohibits any hate speech that targets any individual or group based on their personal characteristics. (2). Responsibility: Everyone is responsible for his or her actions and words. All political parties shall ensure that their members and affiliates do not engage in any behavior that may be construed as hate speech, or that is intended to incite or inflame hatred or violence towards others. (3). Abusive language: Under no circumstances an abusive language shall be used against women in public speeches, comments, interviews, during election campaigns or any sort of remarks in public gatherings, print, social or electronic media. (4). Free Speech: The Constitution guarantees the right to free speech which shall be respected and observed. However, it is believed that this right comes with certain responsibilities. No speech shall be tolerated, subject to law, that promotes or incites violence, hatred, or discrimination against any individual or group. (5). Respectful Communication (Online): We communicate with others in a respectful and courteous manner online. We do not engage in any form of cyber-bulling or cyber-harassment including speech that could be considered abusive, threatening, discriminatory or defamatory (6). Respectful Communication (Offline): We communicate with others in a respectful and courteous manner offline i.e. political gathering, statements, interviews. We do not engage in any speech that could be considered abusive, threatening, discriminatory or defamatory. (7). Respect of family: We will respect the families and the right to privacy of female politicians/ political workers’ children, spouses, and/or other relations in any derogatory manner. (8). Stereotypical Comments: We must not make gender stereotypical comments (i.e. words, actions, practices signs whether written, verbal, visual or graphical rooted in stereotypical generalization) especially against female politicians. (9). Sexually demeaning attitudes: We will not engage in sexually demeaning attitudes, including any gestures or expression conveying derogatory connotation causing interference with work performance or creating an intimidating or hostile or offensive environment especially for women in politics. (10). Reporting of Hate Speech: We encourage all members to report any instances of hate speech to the appropriate authorities. We will investigate and take appropriate action against any members found to have engaged in such behavior. (11). Context of criticism: Our criticism will pertain to a women’s professional political performance and we will refrain from character assassination, abusive language, or comments on their physical appearance. (12). Creating disharmony: In accordance with Article 153 A of the Pakistan Penal Code, we will not take part in any form of communication which may incite or promote disharmony or may cause prejudice or insecurity on the ground of gender. (13). Education and Awareness: We believe that education and awareness are critical in combating hate speech and character assassination. We will work to educate our members on the harm caused by hate speech and character assassination and promote awareness of the importance of treating all individuals with respect and dignity in line with our constitutional principles. (14). Equal Rights: Irrespective of our ideological inclinations, we stand with the equal rights of women and in principle, condemn all the anti-women practices and will -to the best of our capacity within our ranks- regulate and monitor the behavior of our member/representatives. 5. A separate cell must be established within the Pakistan Telecommunication Authority/Federal Investigation Agency/Pakistan Electronic Media Regulation Authority to specifically monitor and take action against anyone guilty of violating the applicable law. 6. Thorough complaint mechanisms will be defined in consultation with the Election Commission of Pakistan. 7. The Election Commission of Pakistan on receiving complaint of violation of the Code of Ethics of a parliamentarian; (a) The ECP shall take action within seven (7) working days must be liable to a warning notice/explanation; (b) In case of a consistent breach of Code of Ethics (i.e. if three warning letters are issued to a parliamentarian) by any parliamentarian, the speaker shall suspend his/her membership for a stipulated time period; and (c) The last step shall be reference to the Election Commission of Pakistan for disqualification against constant breach of Code of Ethics. 8. The Election Commission of Pakistan on receiving complaint of violation of the Code of Ethics of a non-elected individual, member of a political party or an individual involved in the political sphere shall take action within seven (7) working days to hold them liable to the following methods: (a) Show cause notice (b) Demand of a public apology (c) Monetary fine (d) Cancel nomination papers (e) Disqualification of elected member 9. All parties shall adopt the Code of Ethics as a part of their respective manifestos. 10. Workshops on awareness of the Code of Ethics should be made compulsory within trainings designed for politicians 11. Capacity building measures shall be taken by respective women wings of all parties to enable them to take greater responsibility to curtail hate speech, while male party members must also receive capacity-building on this COE. 12. Political Parties shall include women members within their executive committee and dismember politicians accused of harassment/violence against women 13. Political candidates must sign the affidavit in which the Code of Ethics must be binding on them 14. The Code of Ethics may be included within the curriculum of the educational institutes at all levels. 15. The Code of Ethics must be properly disseminated to the relevant authorities and stakeholders to ensure awareness well before elections 16. The Election Commission of Pakistan in consultation with the National and Provincial Commissions on the Status of Women shall monitor the implementation of this Code of Ethics and issue period reports, to be printed and published online. 17. The Election Commission of Pakistan may amend this Code in consultation with the National Commission on the Status of Women.

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