The need for public engagement and vigilance
to ensure free and fair elections
A delegation of the Friday Forum met recently with the Commissioner of
Elections Mr Mahinda Deshapriya with a view to initiating a constructive
exchange of views on measures taken by him to ensure free and fair provincial
elections. Mr. Deshapriya emphasised the responsibilities of the public and the
voters in these elections to be vigilant and to make their own contribution to a
free and fair electoral process. In light of these discussions and the Friday
Forum's commitment to democratic and free and fair elections, we wish to place
the following concerns before the public.
The changes in election procedures over a period of time, and public
disillusionment with regard to the electoral process, have created an
unfortunate environment where there is some public apathy in regard to our
rights and responsibilities as voters. The forthcoming Provincial Council
elections in the Northern Province, North Western Province and Central Province
are important for democratic and accountable governance in those provinces. Yet
it is critically important that voters in these provinces go to the polls and
exercise their voting rights, and these voters and the public are engaged with
the electoral process. The politicisation of institutions, misuse of state
resources, election violence, and the deterioration of our political culture
have been the subject of frequent public comment. The current election process
is an opportunity to address those concerns and pro-actively work towards
holding the government accountable to ensure free and fair elections. A free and
fair election process is the very foundation of democracy and must be considered
an essential aspect of accountable governance.
Elections are an opportunity for debates about a viable and positive future.
As such, election campaigning that exploits the hopes of marginalised
populations towards cynical electoral ends, undermines the democratic commitment
of the people. Furthermore, campaigns should avoid polarisation, "particularly
rhetoric that may further aggravate ethnic relations and caste oppression".
The Friday Forum has consistently advocated devolution as a critically
important dimension of peace and reconciliation in the aftermath of the
prolonged armed conflict.
Conducting free and fair elections to the Northern
Provincial Council will be an indicator of the government's commitment to
devolution, particularly in a context where these elections are being held many
years after the end of the war. The Friday Forum and others have expressed
concern that despite assurances of the government to the contrary, the military
continues to play a powerful role in civil administration in the North even four
years after the end of the war.
Democratisation of governance after a period of
armed conflict necessarily involves de-militarisation. A provincial government
will soon be elected in the North. The independence of that civil administration
and public confidence in it has to begin with citizens' engagement in electoral
politics.
The public and the state must together ensure a free and fair,
violence free election environment from the outset through to election day and
in the post election period. The military must therefore have neither a presence
nor a role both during the electoral process and after, and national security
must not be used as an excuse to undermine the civil administration and the role
and responsibilities of the Election Commissioner's office.
Recent elections in the country have been accompanied by incidents of
intimidation and violence including intra party violence. In this context the
public and civil society need to work closely with election monitoring
organisations, informing the Elections Commissioner of any such incidents.
Respect and support for the office of the Elections Commissioner are crucial to
free and fair elections. The important role and responsibilities of election
monitors must be understood and supported by voters and the public. They should
report, if necessary with anonymity, to the Elections Commissioner and the
elections monitors any violations of elections law, including those relating to
misuse of posters and state property, biased and unethical media reporting, or
any actions of political parties or candidates seeking to influence voting by
the distribution of monetary or other rewards, acts of thuggery such as stealing
of voting cards, or voter intimidation.
The public must call on all political parties and their candidates to respect
the rule of law and to act in accordance with democratic values on free and fair
elections. The legitimacy of political parties and candidates as seekers of
public office through a system of popular elections must surely be based on the
manner in which they conduct themselves during elections. They must not engage
in empty rhetoric but demonstrate by their conduct a commitment to free and fair
elections. Political parties must ensure that persons suspected or charged with
unlawful or unethical conduct or detained for serious offences before, during
and after the elections, will not be given nominations at future elections.
Friday Forum calls on the Government to disarm all unauthorised armed
security personnel as well as paramilitary actors. Surveillance and intimidation
of election meetings by any armed actor is a serious a violation of the
principle of equality at elections.
The Friday Forum calls on public servants and officials in all public
institutions of the state to fulfil their responsibilities to ensure free and
fair elections. Interference by powerful state and non state actors close to
candidates must not be tolerated. State resources must not be misused as such
handouts in the lead up to elections are the equivalent of corruption, imposing
individual responsibility on those who permit such misuse.
We as members of the public must also support efforts to enforce election law
so that the elections of those responsible for malpractices will be challenged
and nullified by election petitions and court orders.
The Friday Forum appeals to the media which has a special responsibility to
ensure unbiased and ethical reporting in the run up to the elections, and at the
conclusion of the electoral process. They must use their professional role to
support the Elections Commissioner's office in ensuring strict adherence to
election laws and procedures and free and fair elections.
We also call upon civil society networks, religious and community
organisations and the general public to be engaged and vigilant, and actively
support the office of the Elections Commission and elections monitors. We
fervently hope that these crucial Provincial Council elections including in the
North will set new norms and standards on democratic, free and fair elections in
our country.
On behalf of Friday Forum, the Group of Concerned Citizens
Mr. Jayantha Dhanapala, Professor Savitri Goonesekere, Rt. Reverend Duleep de
Chickera, Ms. Manouri Muttetuwegama, Professor Arjuna Aluwihare, Mr. Ahilan
Kadirgamar, Mr. Tissa Jayatilaka, Dr. Upatissa Pethiyagoda, Dr. A. C.
Visvalingam, Professor Camena Gunaratne, Mr. Javid Yusuf, Ms, Damaris
Wickramasekera, Ms. Suriya Wickremasinghe, Dr. Geedreck
Usvatte-aratchi, Ms. Anne Abayasekara, Dr. Jayampathy
Wickramaratne, Ms. Shanthi Dias, Ms. Sithie Tiruchelvam,
Mr. Faiz-ur Rahman, Mr. J. C. Weliamuna, Mr. Ranjit
Fernando, Mr. Danesh Casie Chetty, Dr. Devanesan Nesiah, Mr.
Chandra Jayaratne,
The Friday Forum
2, Greenlands Avenue, Colombo 5, Sri Lanka
E-Mail; chandraj111@gmail.com
Telephone:
0773634444
Fax; 2504181