Protect the referendum’s integrity

That the government employees have been campaigning for a “Yes” vote in the upcoming referendum on the July charter, scheduled to be held alongside the 13th parliamentary election on February 12, in violation of the law is deeply concerning. Government advisers and senior officials have reportedly been actively promoting a “Yes” vote for the referendum, raising concerns about legality, neutrality, and the overall credibility of the process. Now the EC has clearly stated that government employees may inform the public about the referendum, but they must not campaign for a “Yes” or a “No” vote. The government must take cognisance of this. 

According to Section 21 of the Referendum Ordinance, 2025, and Article 86 of the Representation of the People Order, 1972, any misuse of official position to influence the outcome of a referendum or election may constitute a punishable offence, carrying imprisonment of one to five years along with fines. Reportedly, the EC has issued letters to returning officers, cabinet secretaries, and secretaries of all ministries and divisions, reminding them of their legal obligations. Election officers, while on deputation under the EC during this period, are explicitly bound to prioritise electoral responsibilities over other duties. The EC, however, did not address the role of the advisers. Banners advocating a “Yes” vote are being displayed in government offices nationwide, and senior government advisers have publicly urged citizens to vote “Yes” in the referendum. When civil servants campaign for one side, it seriously undermines the credibility and fairness of the referendum process. 

Understandably, a “Yes” vote in the referendum will open the door for an array of significant reforms. The new parliament, alongside its regular duties, would function as a constitutional reform council to oversee these changes. While proponents of the “Yes” campaign argue that there is no legal barrier to such advocacy, the EC’s letter, grounded in the existing law, makes it clear that campaigning by civil servants would constitute a punishable offence. However, we have yet to learn of the government’s clear position in response to the EC’s letter.

We believe it would be unwise for the government to create any situation that renders the referendum controversial. It must ensure that the law is not violated by its advisers and senior officials, who must fully respect the EC’s directives. The EC, for its part, must remain vigilant and ready to enforce the law decisively, sending a clear message that violations will not be tolerated. Only by keeping the civil servants neutral and the state machinery impartial can the referendum and the general election be conducted in a manner worthy of public trust.