By

Karu Jayasuriya M.P.

(Brief Notes in point form of the Media Conference held by Hon. Karu Jayasuriya, UNP MP for Gampaha District on
10th April 2013 in Colombo)

• The Government has already announced that the Provincial Council Elections for Central and North Western Province will be held in the coming months and elections for the Northern Province by September.

• The government mentioned about Northern Provincial Council Elections in Geneva too.

• Hence, we can call this a pre-election period.

• Commissioner of Elections has a special responsibility to conduct free and fair elections.

• When charges are being aimed at us internationally it is the duty of the Commissioner of Elections to prepare the background for free and fair elections and win the confidence of all political parties.

• It is rather difficult to see that the elections held in this country after the abolition of the 17th Amendment and the introduction of the 18th Amendment are free and fair.

• This is not an analysis of the United National Party

• This view has been expressed by Elections Monitoring Institutions such as PAFRAL and CAFÉ and independent foreign election monitors.

• It is essential that independent Elections Commission and independent Police Commission should be established especially prior to Northern Provincial Council Elections.

• In no way can we approve the extension of time requested by the government for this purpose.

• People of the North should be given an opportunity to elect their representatives whilst protecting their democratic rights.

• Recently a rally organized by the TNA was attacked. Udayan Office in Killinochchi was attacked. Furnace oil was thrown at a group of representatives of an organization which travelled from South to Jaffna to obtain signatures on a banner and to request democratic rights for the people in the North.

• Although this attack was carried out by unidentified goons until now no one has been brought before the law.

• This indicates after 30 years of terrorism, even during the post war time there is no room for democratic rights of the people in the North.

• We wish to quote from the report of the Lessons Learnt and Reconciliation Commission.

• “The Commission is perturbed to receive unceasing reports regarding assault on media personnel and media institutions and failure to bring before the law those who are responsible for these incidents after conducting proper investigations.

• The Commission is disappointed by the disgraceful attack on the Editor of the Udayan newspaper in Jaffna, whilst the sessions of the Commission are in progress. Such acts definitely hinder the process of reconciliation”.

• The grave will be dug for the process of reconciliation and rule of law by any failure to take legal action against those who are found guilty after inquiry.

• Freedom of expression and right to access information which are considered universally as fundamental human rights are key features. Therefore it is essential to expand the media freedom according to democratic principles and relevant fundamental rights. To impose limits on media freedom will contribute to mistrust among the ethnic groups and create an environment of fear.

• The report also says:

• “Failure to implement rule of law”

• Many persons who gave evidence before the Commission stated that although many crimes were committed by those who received political patronage, the authorities who are responsible for enforcing the law were unable to take legal action against them due to political pressure. Firm commitment to the rule of law with the independent judiciary and transparent legal process is a must for peace and stability which is essential for the existence of a meaningful reconciliation. Absence of a meaningful distribution of power entwined with the absence of good governance and disregard for the rule of law created tensions amongst the people.

Following were the problems that arose during the discussions of the Commission.

A. Failure of the law enforcement authorities to investigate the crimes and call explanation when crimes are committed by those who have political connections.

B. Though the conflict is over, there are issues with regard to law and order. Still there is fear in the minds of the people of the East and North due to criminal acts such as extortions by armed gangs, abductions, disappearances and robberies that are being committed continuously. Many politicians behave defying the law. Due to their relationship with criminal groups in society they exert undue influence on the police and weaken the legal process by politicizing the police.

C. Political violence connected with use of fire arms has generated an anxiety among many law abiding citizens. The Commission consciously observed the increase in illegal political violence and possession of fire arms by politicians and their supporters.

• The Commission recommended to disarm the persons who keep illegal fire arms with them and to take legal action against the offenders.

• This Commission was appointed by the President.

• This is not an international conspiracy or report against the government.

• The recommendations of the Commission have been thrown into the dustbin. Acts against the democratic rights of the people are being committed freely.

• Hence, Northern Provincial Council Elections is decisive regarding public opinion and the image of the county.

• If people who suffered under one movement of separatism have to suffer again from another movement of separatism, as those who respect democracy, we cannot approve it.

• It is apparent from what is happening at present that the government is getting ready to go on the same track during this Provincial Council Elections by using state assets and official vehicles.

• Transfer of about 100 judges have generated suspicion in the country. The trust placed on the judiciary is somewhat affected after the Attorney General commenced reporting to the President and the illegal and unethical expulsion of the former Chief Justice.

• People should not fall into a situation where they have to ask “Vatuth Niyarath goyum ka nam kaata kiyamuda ea amaruwa”

• Hence, the government must implement the proposals of the LLRC for the conduct of just elections and to protect democratic rights i.e. establish all independent Commissions immediately and suppress all unidentified groups of goons. We cannot agree to the request for so many years for implementation.

• Recommendations of the Commissioner of Elections issued prior to the acceptance of nominations should be strictly implemented.

• We wish to request the Commissioner General of Elections to draw his early attention to the above.
Use of state assets, vehicles, helicopters, state bungalows and mansions and other government offices should be stopped completely. Some government officers have been appointed as Chairmen of the SLFP branches and they have been brought into politics. This should be stopped forthwith.

• Today state media have been converted to a trumpet of the government. We have expressed our views on maintaining a balance in the media and depoliticization of the police and public services. During all previous elections continuously we have drawn the attention of the Elections Department and the authorities to the above facts, though regretfully, we wish to mention the manner in which the government and some higher state officials engaged in politics is undemocratic, illegal and unethical.

• Therefore we urge the Commissioner of Elections to protect his good name by conducting free and fair elections.