by

Karu Jayasuriya M.P.

It is reported in the media that the President Mahinda Rajapaksa has stated at a meeting with Media Chiefs, elections could be held under the Commissioner of Elections without an Elections Commission. An Elections Commission was established by the 17th Amendment which was passed in Parliament by 2/3 majority, to achieve certain goals which included restraining powers surrounding the Executive Presidency, establishment of a strong democracy and good governance.

17th Amendment was repealed by introducing the 18th Amendment, which was passed by 2/3 majority obtained by winning the Members of Parliament of the Opposition by offering various benefits and other devious methods, not by the mandate of the people.

In the first round of this exercise Attorney General’s Department and Police Department was taken under the President. By centralizing more and more powers round the Executive President, the position of the Executive Presidency was converted to a Constitutional Monarch. Department of Elections Commission which is a very vital Institution for the democracy of this country too is taken under the President.

There were direct allegations against the government for using state resources, helicopters, state bungalows, offering meals inside state bungalows spending public funds during the 2010 Presidential Elections to the benefit of their candidate. Mr. Dayananda Dissanayake who was the Commissioner of Elections stated publicly that the instructions issued by him were violated by the state media institutions. He further stated that the state institutions violated the election laws and failed to act according to the instructions issued by him.

It is a common knowledge that he requested at the conclusion of the elections to allow him to retire from the post of Commissioner of Elections as he was unable to bear the pressure. There was no change of this situation even during the Provincial Council Elections in 2012 for Sabaragamuwa, North Central and Eastern Provinces. This was proved by more than 300 complaints of violations of election laws received by the Elections Commissioner’s Department a few days before the elections.

We emphasize these facts to show the situation which can arise in the absence of an Independent Elections Commission and to prove that there is a truth in the allegations that none of the elections conducted after 2005 are free and fair.
We recognize the incumbent Commissioner of Elections as an efficient and honest officer. But those who respect democracy in this county have a doubt in their minds whether it is possible to overcome the influence of the political authority.

The President himself has announced that the Provincial Council Elections for Northern Province will be held in September also it is reported that elections will be held for North Western and Central Provincial Councils.

The statement of the President that an independent elections commission is not essential creates a very serious issue whether it would be possible to conduct free and affair elections at least in the future. We wish to emphasize that this is something similar to the proverb “The cat jumped out of the bag” and indicates the desire to remain in power through whatever means.

If the government is confident of the mandate of the people, we urge the government to establish the Elections Commission according to the 17th amendment prior to the Northern Provincial Council Elections.

(Media Communique issued by Hon. Karu Jayasuriya UNP MP Gampaha District 23.04.2013)