For a nation reputed in Asia for its independent electoral process, give or take a few omissions or commissions, the news was more than disconcerting. "I will resign my post after the polls," Elections Commissioner Dayananda Dissanayake told representatives of candidates contesting Tuesday's Presidential Election.
He vowed not to step into the Department of Elections once he had completed his administrative responsibilities. The State media in particular, he said, were ignoring his directives. Earlier, he had vowed not to refer to Police Chief Mahinda Balasuriya, any more complaints he received on polls-related matters. He told this to the Police Chief himself in the presence of many others as he felt there was little purpose in referring the complaints to the IGP.
That Dissanayake wants to quit his job for years now is too well chronicled. After the last Presidential polls, he publicly asked that he be allowed to retire. The occasion was during a nationally-televised speech he made after he declared that Mahinda Rajapaksa had won the November 2005 Presidential Election. "Now that I have successfully concluded the elections, please allow me to retire," he pleaded.
However, his declaration this week, coupled together with his actions, underscores a grave situation. The man, now well past retirement age, tasked to ensure that more than 14 million Sri Lankans go to 10,875 polling booths countrywide to elect the sixth President is making clear there are serious difficulties in conducting a transparent, free and fair election. That is a serious matter.
Such a situation has not arisen any time before since Independence. None of Dissanayake's predecessors complained that they could not exercise powers vested in them under the law for the conduct of a free and fair poll due to non co-operation by State agencies. Nor have they shown they were helpless and declared they would quit because of such a situation.
Jayampathi Hettiarachchi was appointed by the Commissioner of Elections to monitor the State media. He ended his role at midnight last Tuesday. Dissanayake lamented that State media officials were simply not heeding Hettiarachchi's rulings. Worse still, Dissanayake said the Competent Authority (CA) was receiving threatening telephone calls. The Commissioner had appointed Hettiarachchi as CA with effect from January 5 under provisions of the 17th Amendment to the Constitution.
 |
The fact that the polls chief is not happy with the co-operation extended to him for the conduct of a free and fair election surfaced many a time at closed-door meetings between Dissanayake and candidates' representatives who form an Advisory Committee. At their meeting on January 12, according to a copy of the minutes obtained by the Sunday Times, Dissanayake noted that he had received a large number of complaints that the national television network Rupavahini and the national broadcaster Sri Lanka Broadcasting Corporation (SLBC) were not heeding guidelines and directives. He charged that they were partial to one candidate. He complained that even the Media Ministry to which representations were made did not respond.
However, Dissanayake who held a news conference on Friday to announce polls procedures declined to answer any questions. "Whatever I say can be misinterpreted to the advantage of one candidate or another," he said. He said he would summon a news conference after the polls. If there is no recount, Dissanayake said, his Department could announce the results early Wednesday. There would be no live telecast of the announcement like before, he said. It would appear that this was his way of hitting back at the state media, which usually gets monopoly coverage of this event.
He noted during the closed-door meeting that there had been a response from one of those against whom the complaints were made by his Department. It was Hudson Samarasinghe, Chairman of the SLBC. Samarasinghe, who is the Colombo District organiser for Sri Lanka Freedom Party (SLFP), had continued with his programme. Samarasinghe had declared that the responsibility of the Commissioner of Elections was to take care of the ballot boxes and announce the results when the polls were over. "He has no right to speak on broadcasting or media organisations," Samarasinghe had said. However, before he quit, Hettiaratchchi said Samarasinghe had now been removed from his programmes.
The Paris-based Reporters Sans Frontiers (RSF) said in a statement on Friday that its detailed monitoring had established that "98.5 percent of the news and current affairs air time on these two stations (i.e. Rupavahini and SLBC) on 18 and 19 January was given to the President and his supporters."
The RSF charged, "Alarmed by Gen. Fonseka's candidacy, President Rajapaksa and his followers are using and abusing all of state's resources to get the President re-elected."
But Presidential Research and Information Unit (PRIU) chief Lucien Rajakarunanayake hit back. "The RSF is acting beyond its mandate. Therefore, its remarks do not merit any comment," he said.
A helpless Dissanayake has advised representatives of candidates to seek redress in courts. It was at the same meeting that Dissanayake announced, as exclusively reported in the front-page lead of the Sunday Times last week, that he had decided not to complain to the Police Chief. After numerous complaints about illegal posters, cutouts and banners, Dissanayake had written to the IGP on January 5 but received no response. Police Chief Balasuriya conceded there was a problem.
Though arrangements were made to remove illegal cutouts and banners, Police have found it "uncontrollable". Like the Commissioner of Elections, here is the head of the Police Department saying that he finds it difficult to get his officers to enforce the law. Such a new trend during elections, whatever the causes are, does not augur well for the democratic traditions. Of course, the Police Chief did not make clear whether political pressure forced the police to succumb or the Police officers themselves were playing politics.
A few incidents this week raised questions on the role of the Police. One such instance illustrates the situation. The Special Crimes Operations Unit of the Colombo Police Division received a complaint that scurrilous and defamatory posters of President Mahinda Rajapaksa were being printed at a press in Devanampiyatissa in the Maradana area. DIG (Crimes) Anura Senanayake ordered an immediate raid.
A team led by Chief Inspector Don Gemunu raided the premises. It turned out that the scurrilous posters being printed were defamatory of Opposition's 'common candidate' Gen. Fonseka. The Police hierarchy lost no time in disbanding the special unit. The unit's Senior Superintendent N.C. Kudahetty and Chief Inspector Gemunu were immediately transferred to Police Headquarters.
This is notwithstanding instructions to the Police Chief Balasuriya from the Commissioner of Elections that no transfers be effected during the elections. The victimised officers are insisting that the raid was conducted on the directive of their superiors who had logged the fact that posters defamatory of Rajapaksa were being printed. The matter has not ended there. Police sources say both the SSP and the CI now face disciplinary action.
On the other hand, Police have also acted in a few instances. One such case is the alleged instance where the Rattota Police officer-in-charge Nihal Jayaweera asked officers in his station to show him the marked ballot paper when they cast their postal votes. He had allegedly opened the sealed envelope that contained a ballot cast by a member of the Civil Volunteer Force and found that the latter had voted for Gen. (retd.) Fonseka. He had been threatened thereafter. Jayaweera denied the accusations. This week he was transferred to Police Headquarters.
Yet, adding to the ineffectiveness of the Police is the mounting incidents of violence. By yesterday, the number of incidents of violence reported to Police was more than 850. Attacks on supporters of the main contenders by each other are continuing. So are the attacks on party offices. So much so, the matter has received both international and domestic attention.
United Nations Secretary General Ban ki-moon expressed concern over violence. His spokesman said in New York, "The Secretary-General is concerned about the growing violence in the lead-up to the presidential election in Sri Lanka, including the reported killing of political activists. He appeals to all parties in Sri Lanka and their supporters to show restraint and refrain from violence, to adhere to the electoral laws and rules, and to avoid provocative acts throughout the election period and its aftermath. The peaceful conduct of the first post-conflict national election is of the highest importance for long term peace and reconciliation in Sri Lanka."
On Friday, the European Unions High Representative for foreign affairs and Security Policy issued a statement in Brussels. It said: "The European Union is deeply concerned by mounting pre-electoral violence in Sri Lanka, which has already caused deaths and numerous injured."
The statement recalled the EU's firm conviction that a peaceful environment is an essential prerequisite to free and fair elections. The EU Representative called on all Parties in Sri Lanka to actively contribute to a climate of serenity in which the people of Sri Lanka can choose their political leadership in free, fair and unbiased elections.
Locally, the Maha Nayakes of the Malwatte and Asgiriya Chapters appealed jointly for the conduct of a peaceful poll free of violence.
The Catholic Bishops Conference said in a statement that an atmosphere of freedom should prevail to express differing views on matters of policy if there is to be a free and fair election. The Bishops said they wanted to "express their grave concern at the alarming escalation of violence being reported from many parts of the country".
Concerned by these developments, on Thursday the two main candidates' senior representatives - United People's Freedom Alliance (UPFA) General Secretary Susil Premajayantha, (on behalf of Rajapaksa) and United National Party (UNP) General Secretary Tissa Attanayake (on behalf of Gen. Sarath Fonseka) -- assured the Commissioner of Elections they would work towards the peaceful conduct of elections sans violence.
On Friday, however, there was a grenade attack on the residence of Tiran Alles, a key player in the opposition. His house and vehicle were badly damaged. Though he was in his house, he was unharmed. Sections of the UPFA accused Alles of having staged the attack. That was even before the Police could start inquiries. It was only the previous day that Alles had lodged a complaint to the Police that there was a threat on his life.
Dissanayake felt there was an easy way out of dealing with Police inaction. The remarks did not reflect well on him. Here is a Commissioner of Elections saying that the legal requirement for the Police to enforce some important laws relating to elections be expunged from the statute. That raises a serious question. Is he is unable to ensure a free and fair election in keeping with the laws of the land? Is he saying that he is unable or incapable of exercising the powers vested in him? Surely, he can keep the public informed of the threats to the conduct of a free poll so Sri Lankans and the international community become aware of the constraints he faces. The fact that he has instead chosen to tread a safer path and avoid controversy does not inspire public confidence.
His recommendation is to exclude Section 74 of the Presidential Election Act. It dealt with restrictions on display of handbills, posters, photographs of candidates and related matters - all measures placed on the statute by lawmakers to ensure a free and fair poll. Another serious complaint by Dissanayake was that Secretaries to Ministries and Chief Secretaries of Provincial Councils had not heeded the instructions he had given. "They are trying to save their jobs by not adhering to the provisions of the Constitution," Dissanayake complained.
Dissanayake's reactions before the representatives of contenders for Tuesday's polls assume much greater significance for another reason. For the first time those serving in important positions in the State sector were openly flouting accepted norms and laid down procedures. Senior serving military and even Police officials in uniform and insignia have appeared on television interviews to directly or indirectly back one candidate. This has seldom or never happened in Sri Lanka since Independence.
So have senior officials in the public service. Some responsible officials holding important positions have even taken part in election rallies. This has set a new trend that no doubt will repeat itself in a larger measure at future elections. That certainly is no easy task for those who want to ensure a free and fair election. This assumes greater significance with a parliamentary election pending. Whoever wins Tuesday's polls is sure to dissolve Parliament whose term expires in April. Fears of greater involvement by public service officials, military and police personnel in polls activity are already causing concern in many quarters.
It is in this backdrop that campaigning ended at midnight yesterday for Tuesday's poll. President Rajapaksa concluded his campaign with a rally at Piliyandala in greater Colombo. It is from the suburban Colombo that he is expecting his votes in the Colombo District. The campaign trail, where he flew by helicopter from one rally to another, appeared gruelling for him. He looked exhausted when Information Department officials escorted a group of journalists from Sunday newspapers in Colombo to the President's House in Kandy. When the group arrived, Rajapaksa was at breakfast with Editors of Sunday Sinhala weekly newspapers. They had been taken to Kandy the previous night and accommodated in hotels.
Rajapaksa walked up to the English media representatives and said he could offer them twenty minutes. However, clad in a light blue shirt and blue sarong, he fielded questions from them for more than half an hour. The exhaustion coupled together with other tasks left him preoccupied. When a journalist asked what his response to human rights issues was, he said Ewa Ay Velavata Balamu (We will see to them at that time). Asked about a political solution to grievances of the Tamil community, Rajapaksa replied that was not what the Tamil people wanted. The term political solution was a slogan of the International Non Governmental Organisations (INGOs) and their followers in Sri Lanka. "What people needed was speedy re-settlement in their homes," he declared.
On Friday night, Rajapaksa turned up at Temple Trees for a meeting of the National Security Council (NSC) at 11 p.m. The meeting continued for three and half hours. Details of what was discussed are not known but one source said the role of the Police in Tuesday's elections figured prominently. The source said President Rajapaksa admonished Police Chief Balasuriya over election related incidents and connected matters.
Gen. Fonseka ended his polls campaign at Maradana in Colombo Central, a vote reservoir of the main Opposition UNP. Earlier in the day he visited Galle by air accompanied by Opposition UNF Leader Ranil Wickremesinghe. That was after he addressed the business community. His campaigning tours, mostly by road since he was denied the use of Air Force helicopters despite his offer to pay for them, were exacting. Added to that was the serious security constraints that prompted his bodyguards to use bulletproof cubicles at some meetings. There was a distraction when Gen. Fonseka was campaigning in the deep south. News reached him that Criminal Investigation Department (CID) detectives were to arrest his son-in-law Danuna Tillekeratne.
He said he learnt that his son-in-law was going to be produced before a magistrate and remanded. He telephoned aides in Colombo and sought their help to prepare legal counter action. He charged that the impending arrest was part of a "malicious campaign" to discredit him before voters. However, the authorities pursuing the alleged military deals by members of the retired General's family had second thoughts and decided that the CID should not pursue that course of action.
While President Rajapaksa gave media briefings to Sunday newspapers in different groups at Kandy last Wednesday, Gen. Fonseka also met the media over the week. In an interview with the Sunday Times, Gen. Fonseka denied that he had entered into a 'secret deal' with the Tamil National Alliance (TNA), a charge with which the UPFA leaders believe they have swung voters in large numbers in favour of Rajapaksa. The Opposition knew that such reports could impact on certain voters in the south, and, therefore, rushed the General to inform the Malwatta Mahanayake (the Asgriya Mahanayake is overseas) that this was a government canard. In the meantime they prepared a paid TV commercial where Gen. Fonseka said he has not signed any agreement with any party.
President Rajapaksa exuded confidence yesterday and told his supporters he was sure of a "comfortable victory" on Tuesday. Gen. Fonseka was also confident. He even discussed his post-victory plans with UNF leader Ranil Wickremesinghe, SLFP (M) leader Mangala Samaraweera and others in Galle yesterday.
A win for the incumbent Rajapaksa, no doubt, will be a voter endorsement of his current and future policies. In a revised Mahinda Chinthanaya (Mahinda Principles), he has spelt out his programme of action. A win by his formidable opponent, Gen. Fonseka, will see the advent of a new political era where, among other matters, the re-alignment of political forces would take place.
An indication of this emerged during a TV talk show on Thursday night.
Mangala Samaraweera declared that Gen. Fonseka's victory would trigger a change in the Sri Lanka Freedom Party (SLFP) leadership. He said there would come a time when the SLFP too would support the General's ten-point programme with the Opposition parties.
For the voters of Sri Lanka, will Tuesday be the beginning of a Vishvasaneeya Venasak (Believable Change) that can usher them into a Subha Anagathayak (Brighter Future)? |
E-mail