COMMISSION ON THE PROCEDURES FOR PUNJAB REFERENDUM 2020

BACKGROUND

The COMMISSION ON THE PROCEDURES FOR PUNJAB REFERENDUM 2020 was established on May 25, 2020 under the auspices of Citizens in Charge Foundation, Initiative and Referendum Institute Europe, and the Initiative and Referendum Institute at the University of Southern California. The five members of the Commission have collectively over 125 years of global experience with direct democracy campaigns and best practices – research and writing, participating in ballot campaigns, drafting implementing direct democracy legislation, advising on the proper rules and procedures to ensure the legitimacy of an initiative or referendum, and election monitoring.

The Commission was established based on a request from representatives of Sikhs for Justice and proponents of PUNJAB REFERENDUM 2020 and subsequent conversations with them regarding the referendum. Based on their strong commitment to do all they can to conduct the campaign within international norms and standards, it was agreed to by the direct democracy organizations listed above to establish the Commission and subsequently made the determination on whom the Commission members would be.

Participation by the organizations and individuals in this Commission does not in any way constitute support for PUNJAB REFERENDUM 2020 nor does it take a position on Sikhs for Justice or any of their underlying claims.

COMMISSION MANDATE

To propose the procedures for the non-governmental Punjab Referendum 2020  for it to meet the accepted protocols and best practices for referendums to be considered a legitimate instrument of public debate resulting in the peaceful resolution of the conflict.

REFERENDUM BACKGROUND

The following information was taken directly from the PUNJAB REFERENDUM 2020 website.

What is Punjab Referendum 2020?

  • Punjab Referendum 2020 is a campaign to liberate Punjab, currently occupied by India. The campaign aims to gage the will of the Punjabi people with regards to reestablishing Punjab as a nation state. Once we establish consensus on the question of independence, we will then present the case to the United Nations for reestablishing the country of Punjab.

  • The objective of the Punjab Referendum 2020 campaign is to give the people of Punjab an opportunity to vote on their future political status. Once there is a consensus within the Punjabi people that independence from India is desired, we will then approach the UN and other international forms and bodies with the goal of reestablishing Punjab as a nation state.

COMMISSION AREAS OF REVIEW

As with any referendum, the issues subject to review are substantial. However, given the time constraints the commission were faced with in relation to the timing of the referendum (as a result of COVID-19 complications), it was decided that the following areas were of most importance to review:

  • Attempts by India, if any, to limit political and educational activities

  • Drafting the ballot title (question to be put before the voters)

  • Who is allowed to vote and a review of the voter registration procedures

  • Voting thresholds

  • Education requirements and deliberation

  • Voting procedures

SUMMARY OF COMMISSION FINDINGS

Since 1948, the role of the referendum has been an established part of international law of secession, and it is seen as a mechanism for resolving ethnic and territorial conflict peacefully but it is important to the legitimacy of any referendum that it be executed within international standards and accepted practices.

This is the context in which the COMMISSION ON THE PROCEDURES FOR PUNJAB REFERENDUM 2020 reviewed the referendum.

The commission did not review the desirability or necessity of a referendum, let alone independence.

Following written and oral testimony from representatives of Sikhs for Justice, as well as research on and surveys of international practice, this report concludes:

  • That the efforts to execute the non-binding and non-governmental referendum have been hindered by the Indian government in a way that goes beyond what is acceptable in a democratic state under the rule of law. The efforts to block the vote have gone beyond what was seen in Catalonia in 2017, when the Spanish government took disproportionate measures to hinder an unofficial referendum. The actions of the Indian government can best be compared to those of the Chinese regime in Hong Kong. This is not consistent with India’s claim to be the world’s largest democracy.

  • The proponents of the referendum, Sikhs for Justice, seem honest in the expression of their background and the limitations of the vote promoted.

  • The ballot question to be presented to the voters was drafted primarily through internationally accepted best practices. There is no suggestion that the question is biased, and the question on the ballot is clear.

  • Our review of who is allowed to vote and voter registration procedures found that these could be improved. However, all efforts seem to have been made to ensure that all voters are included on the register. The fact that the registration process is suboptimal is due to the harsh measures – and occasional human rights abuses – undertaken by the Delhi government as well logistical and organizational limitations caused by COVID-19.

  • Our review of voting thresholds found that the success or failure of the vote will be judged in line with international norms and practices. There is no requirement to have super majorities or quorums. For example, there was no quorum in the Scottish referendum, nor did the referendums in Quebec in 1980 or 1995. Additionally, given that this is a non-binding and non-governmental referendum no quorums or super majorities are required.

  • The voter information campaign is poorly designed because it  is mainly focused on the demand for transitional justice and is mixed with the claim for a referendum.

  • Non-Sikhs living in Punjab should be recognized and better included in the referendum discussion which is not only (and not necessarily) related to justice and memory but also to the political future of the community. 

  • The proponents of the referendum should create more forums of discussion going beyond transitional justice, to discuss how the future of Punjab should be.

  • Given some contradictions in established voting procedures, the proponents need to standardize their educational efforts regarding the execution of the referendum so that they can be readily understandable and therefore help voters know the procedures in advance.

  • A basic accountability can be created by producing a voter pamphlet of no more than a dozen pages in both Punjabi and English, in which the referendum process is briefly introduced and where all the key data of the process is included.

  • The proponents set forth a genuine voting process – and invites as many as possible to participate in the registration process and the deliberation ahead of the vote. However, under the existing conditions and limitations outlined in the report, the actual voting process will not fail to meet international standards and best practices.

  • Though there are improvements that can be made by the proponents as outlined in this report, PUNJAB REFERENDUM 2020 does substantially meet the accepted protocols and best practices for public votes and referendums so as to be considered a legitimate instrument of public debate helping further the peaceful resolution of the conflict to re-establish Punjab as a nation state.