Experimenting
with electoral reforms
The process of electoral law reform in
this country has oft proved to be a thornier thicket than one could
possibly imagine, yielding only to precedence where even more unpleasantly
contentious issues such as devolution or the abolition of the executive
presidential system are concerned. For that reason, the fairly unlikely
scenario of a motion for reform of Sri Lanka's electoral laws being
presented in Parliament this week by a private member and even more
astonishingly, seconded by a front ranker of the United National Front
Government, calls for some comment.
The motion itself
reads, in the first instance, like a compromise of the hard won
kind. Accordingly, it reads that "This Parliament resolves
that a new combined electoral system be introduced with priority
being given to the first past the post system while ensuring proportional
representation on an islandwide basis for political parties and
groups."
Meanwhile, it
was also announced on behalf of the Government that six points of
discussion will be put forward for consideration in this process.
These relate to whether the new system should apply across the board
to all electoral levels, what the proportion of directly elected
members should take to those elected on a proportionate basis and
questions relating to by elections, reintroduction of multi member
constituencies and the cut off point.
The process will be expedited with the Prime Minister meeting party
leaders late this month for specific discussions on the electoral
reform process followed by an issues paper on which the new legislation
will be based.
One hopes that
these initially optimistic signs of a determinedly democratic process
in changing laws that are fundamental to the manner in which Sri
Lankans chose themselves to be governed, will not falter as time
goes on. There are reasons for issuing this caution. Those of us
who prefer to be non amnesiac will remember very well what took
place in a façade of representative democracy in August 2000.
This was when a Bill titled "The Seventeenth Amendment to the
Constitution", amending fundamental provisions of the Constitution
relating to the electoral process, was referred by the then Cabinet
of Ministers to the Supreme Court as an urgent Bill. The reference
of the Electoral Bill had meanwhile, been immediately preceded by
the presenting of the Constitution Bill to the Supreme Court in
a similarly secretive manner, provoking a storm of protest. News
of the reference of both Bills leaked out to the public only the
night before it came up before the Supreme Court.
The Electoral
Bill proposed a replacement of the prevalent electoral system of
proportional representation with a Parliament consisting of 298
members of which 168 members were to be elected on the first past
the post system, hundred were to be elected on district wise proportional
representation and 30 on the national list.
Certain features of this reference, the context within which it
was presented and what preceded it, deserves a refreshing of our
memory if only for the reason that it illustrates the level to which
our publicly deliberative process had degenerated, one would pray
to the extent that would never be repeated again. Thus, the reference
had followed a series of meetings held within the past six months
between the PA, the UNP and several parties to review the constitutional
reform proposals. These deliberations were however kept secret from
the people with no opportunity for civil society interventions in
the review process.
Like in the
case of the Constitution Bill, the Electoral Bill was challenged
before the Court by groups as diverse as the Maha Sangha, the Sihala
Urumaya, the JVP, the National Peoples Party, pro devolution academics,
activists and others including the Government Medical Officers Association
(GMOA). It was maintained by them that the manner in which the Bill
had been put before the Court violated basic principles of sovereignty
of the people and fundamental norms of constitution making. The
argument was simple. A Bill fundamentally altering electoral systems
in the country could not be certified as an urgent Bill and rushed
through the judicial process just two weeks prior to the date on
which Parliament is mandated to be dissolved in terms of the Constitution.
It was also
argued that the amendments resulted in a basic alteration of the
composition of Parliament and was contrary to the right of franchise
guaranteed in Articles 3 and 4(e) read together with Article 14(1)
(a) of the Constitution. It would therefore have to be approved
at a Referendum as mandated by Article 83(a) of the Constitution.
What happened
thereafter, is of course, not particularly palatable history. While
the then government succeeded, fairly predictably, in their legal
steam rolling through the Supreme Court, the failure of the law
and the Constitution was supplanted by massive public protests which
aborted both the Electoral Bill and the Constitution Bill, some
of which did contain praiseworthy provisions that would have improved
the present constitutional structures.
What took place
in August 2000 was accordingly a very pungent lesson of the ill
toward consequences that would arise in the wake of ill planned
legislative reform. The suggestion therefore, this time around,
that there would be an issues paper that would be presented for
public discussion before proceeding to the legislative stage, is
of crucial importance.
Meanwhile, the
two contending points of interest focused upon by the government
in the reforms process are to ensure a more direct link between
the member of parliament and the constituency while ensuring that
a new system should have an inclusive strategy as far as the various
ethnic groups are concerned.
A corollary
concern has been identified as the need to minimise the high levels
of electoral violence. While one can have no quarrel with the Government
on these concerns, one wonders, not for the umpteenth time, as to
where is the publicly announced commitment by the Government to
incorporating provisions that would enable women to access the political
process, in greater force, than the pitiful numbers that exist today?
Sri Lanka is, in fact, becoming unhealthily unique in South Asia
in this respect. The country's political process needs desperately
to open itself up to women in general and not merely women coming
from rural or national political dynasties and petty kingships.
The system should
galvanise itself not merely with one single woman at its head, but
rather with the representation of women throughout the many levels
of government in proportion to their presence as fifty percent of
the country's population with consequent results in national development.
We wait to see the United National Front Government and the Opposition
parties acknowledging the fact that the electoral reform process
should be inclusive of this concern as well.
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