Centre for Policy Alternatives (CPA)
The Centre for Policy Alternatives (CPA)
undertook a field visit to Jaffna
andKillinochchi districts in April to assess the
rule of law and human securitysituation in the areas. The CPA team spoke
with a cross section of actors including Government officials, politicians,
humanitarian agencies, civil society, media and community groups.1
During the course of the visit, key themes were highlighted as needing
urgent attention including security considerations, preparations for Northern
Provincial Council (NPC) elections, the recent land acquisition process and its
impact over land ownership and demographic change, as well as larger governance
issues. These are briefly highlighted below.
Elections for the Northern Provincial Council
Considering pledges repeatedly made by the Government of Sri Lanka to the
international community2 there has been strong speculation that
elections for the NPC will be held
during the course of this year. Speculation was further augmented when
President Mahinda Rajapaksa, on at least two occasions announced that elections
for the NPC will be held in
September.3 Although many officials in the administrative service contacted by CPA
maintained that they had not been officially notified of any scheduled
elections, members of political parties –including those in the UPFA- stated
that elections for the NPC will take
place this year. Were elections to the NPC
to happen, they will be significant as the first elections for the NPC since the enactment of the Thirteenth Amendment to the Constitution.
Although no date has been set for elections,
there was a high level of interest among politicians and civil society in Jaffna regarding the
holding of elections and its impact. In contrast, there was little
interest among community groups as they did not see elections as having a
significant long term impact on the quality of life in the area. Many local groups stated
that as with previous elections held in the North since 2009, many promises are
likely to be made during the campaign
and not kept resulting in no real improvement in living conditions for the
ordinary people. There was also a general sense that holding of NPC elections will not deliver on a political
solution to the Tamils and that regardless of who wins, there will be very
limited scope for the NPC to fully
function as provided in the Constitution.
Legal Measures for the Holding of NPC Elections
This will be the first election held for the NPC and therefore certain steps need to be taken prior to the holding of elections.
According to Section 10 of the Provincial Councils Elections Act No. 2 of
1988 the President will have to issue a directive to the Elections Commissioner
“to hold an election” for the NPC.
The Elections Commissioner (EC) should within
one week of the President’s “directive” issue a notice of his intention to hold
an election for the NPC. The notice
should specify the following:
The period during which nomination papers
shall be received by the returning officer of each administrative district in
the province (the "nomination period"). The normal office hours at the office of the
returning officer. The number of candidates required to be set
out in the nomination paper.4
The nomination period will start on the
fourteenth day after the date of publication of the EC’s notice and finish at
twelve noon or the twenty-first day after the day of publication of said
notice.
After the expiration of the nomination period
the Returning Officer of each District may reject any nomination paper for the
reasons set out in Section 17 of the Provincial Councils Elections Act.
After allocating approved symbols for
recognised political parties and independent groups (According to Section 20)
the Returning Officer of each district should publish a Gazette Notification
specifying among other things:
- The administrative district in which the election is contested
- The names of the candidates, placed in alphabetical order in Sinhala and the serial number assigned to each such candidates, the approved symbol allotted to such party or group, and in the case of an independent group the words.
- The date of the Poll.
The date of the Poll will be a date falling
on a Saturday (which is not a Poya Day or any other specified public holiday)
and a date not less than five weeks or more than eight weeks from the date of
publication of the notice of the EC.
Accordingly, the Poll will be held within 9
weeks from the date the President issues a directive to the Elections
Commissioner to hold an election for the NPC.
The Number of Seats for the NPC
The total number of seats for each Provincial
Council is equal to the total number of members entitled to be returned from each
administrative district within the province plus two bonus seats to be awarded
in terms of Section 61 A of the Provincial Councils Elections Act. According to
Section 3(3) of the Provincial
Councils Elections Act, the number of seats
for each administrative district within the province will be determined by the
Elections Commissioner on the basis of:
- One member for every 40,000 residents in that administrative district
- (ascertained to the nearest 40,000). Based on the data of the last General Census.
- And One member for every 1000 square kilometres of area in that administrative district.
CPA was informed by officials that the total
number of seats for the five administrative districts in the Northern Province will
be divided is as follows:
District - Jaffna 16, Mannar 05, Vavuniya 06,
Mullaitivu 04, Killinochchi
02, Bonus
Seats 5
Total 38
Voters Lists and Related Issues
CPA was informed that the 2012 electoral list
would be used for any election held within the course of this year (2013). The Northern Province
consists of two “Electoral Districts”. The Jaffna Electoral
district includes both the Jaffna
and Kilinochchi administrative districts whilst
the Vanni Electoral district is comprised of the Mannar, Mullaitivu and
Vavuniya administrative districts.
No. Registered voters Jaffna Electoral District Year 2008 -721,359 ; 2009 - 816,005 ;2010- 484,791
No. Registered voters Vanni Electoral District Year 2008 - 266,975 ;2009 - 270,707; 2010 - 236,449
The number of registered voters in the Jaffna electoral district
has reduced drastically.6 This is a result of the Department of
Elections carrying out the annual revision of the electoral register and
thereby removing those who no longer live in those areas, the deceased and
those who have been registered twice. CPA was informed that the enumeration was
done annually to ensure accuracy in numbers but consideration was given to
special situations such as displaced communities. CPA notes that the Department
of Elections needs to take steps to address the needs of those who continue to
live in displacement.
Another group that requires attention are
former combatants. During the Presidential Election in 2010 special
arrangements were made for this category -
13 polling centres were established for them
to vote. It is hoped that a similar arrangement will be made if NPC elections are held.
Identification Documents
Both the Government Agent for Jaffna and the Government
Agent for Kilinochchi
stated that problems relating to
identification documents have been solved, with most persons who had lost
identification documents during the conflict being issued same. The
Commissioner for Elections had previously recognised seven forms of
documentation for voting. These documents are:
1. National Identity Card issued by Department of Registration of Persons.2. Valid Passport.3. Valid Driving Licence.4. Government Pensioner's Identity Card.5. Elders’ Identity Card.6. Identity Card issued to the Clergy by the Department of Registration ofPersons.7. The temporary identity card issued through the Department of Elections forthe previous Provincial Council Elections. (These cards will be-revalidated andre-issued to the holders though Grama Niladharis)
CPA requests that awareness raising is done
by the Commissioner of Elections
and his department among individuals in the
North as to the requirements for voting including the need to register and the
necessary documentation. CPA also notes that the need for special
identification documentation be recognised, in the event conventional documentation
is unavailable among registered voters in the area.
Foot Notes
1 The CPA team also participated in a public demonstration held in Jaffna against the land acquisition process which had a wide
representation of politicians, lawyers, civil society and affected communities.
2 Report of the Working Group on the Universal Periodic Review, “Addendum -
Views on conclusions and/or recommendations, voluntary
commitments and replies presented by the State under review: Sri Lanka”, 21 February 2013, para
2.7 available at http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A-HRC-22-16-Add1_en.pdf (accessed on 3 May 2013); Minister
Samarasinghe, Statement at the High Level Segment of the 22nd Session of the
United Nations Human Rights Council, 27 February 2013, available at http://www.island.lk/index.php?page_cat=article-details&page=articledetails&code_title=73616 (accessed on 3 May 2013).
3 Daily Mirror.lk, “President promises NPC
elections in September”, 21 April 2013, available at http://www.dailymirror.lk/news/28374-president-promises-npc-elections-in-september.html
(accessed on 3 May 2013); Ceylon Today
online, “NPC election in September – President”,23 April 2013, available at http://www.ceylontoday.lk/16-30420-news-detail-npc-election-inseptember-president.html (accessed on 3 May 2013).
4 Per S. 13 of the Provincial Council Elections Act, No 2 of 1988 each
nomination paper shall have the names of candidate’s equivalent to the
number of members to be elected from that administrative district, increased by three.
5Data for 2011 and 2012 were not publically available.
6 Between the year 2008 and 2010 the number of registered voters has reduced
by 236,568.5
