Do
we want polls again?
In the most magnificent of coincidences,
it appears that the warring United Front administration and the Peoples
Alliance both want the same thing; elections to be held this year.
While the former blames what they have (rather quaintly) termed as
obstructionist or confrontational politics as its reason for a contemplated
snap poll, the latter is reportedly opting for prorogation and/or
dissolution of Parliament in the (delightfully optimistic?) expectation
that the electoral tide will turn against the administration in power.
Whatever the
justifications of the respective parties may be, what is certain
is that the first casualty of an election within this year would
be the peace process, as indeed, has been predictably warned by
the Tamil parties this week. Add to this, the inevitable loss of
lives and the colossal expenditure that would be incurred if polls
are to be held again barely after the country had time to breathe
following December 2001 and one is led to wonder whether one is
indeed wandering somewhere in Alice's Wonderland, complete as one
would have it, with the Queen shouting "off with their heads."
The problem is that ultimately Alice woke up, quite unlike the unfortunate
citizens of this country who appear fated to live in this continuing
nightmare of "almost hung" Parliaments and shifting coalition
governments.
Appropriately
therefore, it should not come as that much of a surprise that we
now have the Peoples Alliance taking the moral high ground and stating
that elections could be held (if the government wishes?) but that
the four independent commissions should be set up first, as per
presidential spokesman Janadasa Peiris on Friday.
The question
as to whether elections are necessary and if so, what manner of
elections ought to be held is, of course, larger than this. Electoral
history in this country had been hitherto characterised by a total
collapse of political faith and an even more devastating loss of
legal faith.
We have seen
public confidence in the ability of the legal and political system
to shoulder the woes of citizens dropping to unprecedented levels.
The manner in which cases before court on citizens' complaints regarding
violations of the elections law were disregarded at the highest
level are now of public record.
We have also
seen perpetrators of the most extreme election violence, including
murder, shielded by both parties while no disciplinary action has
been taken against police officers shown to have aided and abetted
in such acts. A useful illustration with regard to the strict standards
that individuals are campaigning for political office should conform
to, is provided by parallel debates in India that were given force
by a November 2000 judgement of the Delhi High Court in the Association
for Democratic Reforms case.
The judgement
by Justice Anil Dev Singh (for himself and Dr Justice M.K. Sharma)
recognised not only that the right to know of voters is a constitutional
entitlement but asserted that the right to vote has meaning only
if people know and have the right to know the full antecedents,
criminal record and suitability of the candidates that they vote
for. Accordingly, the court went on to impose a duty on the Elections
Commission and the prospective candidate to reveal firstly, criminal
records, including where the candidate is accused of an offence,
secondly, assets possessed by the candidate, spouse and dependant
relatives and thirdly, facts giving insight to the candidate's competence,
capacity and suitability for political office.
The Indian
Elections Commission was given a roving power to make this information
available to the public in a country where, as in Sri Lanka, regional
and national thugs have become political leaders.
We need to
see also the absence of electoral carrots being held out such as
new recruitments into the public service, salary increases, promotions
with retrospective effect and the strategic transfers of public
officers and police officers.
The horrendous
use of public property for electioneering purposes meanwhile is
an obvious key concern.
We need to
see amendment of the 17th Amendment giving the Elections Commissioner
specific enforcement power in dealing with this phenomenon.
In past instances,
this column has drawn attention to suggestions made by Commissioner
of Elections Dayananda Dissanayake's predecessor, Chandrananda de
Silva where, reflecting on the weaknesses of the prevalent electoral
system, he suggested an Enforcement Commission comprising of sitting
judges which could function as a Court of Law from the date of the
issue of the notice of an election up to two weeks after the completion
of the declaration of results. This body, de Silva pointed out,
could entertain petitions, any acts of violations of the law and
bring the offenders to book by way of directions to the police.
In the present
context, one could recommend the specific empowering of the Electoral
Commission in this respect.
Interestingly,
De Silva's study, which he had engaged in for the Colombo based
International Centre for Ethnic Studies (ICES) accurately pinpoints
the tensions between the kind of deterrent laws needed to stem election
violations in a first past the post system which prevailed in Sri
Lanka prior to 1978 and the proportional representation (PR) system.
The growing impunity of election laws violators traced by him to
the fact that the laws in force do not have a sufficient deterrent
impact on the party itself as opposed to an individual candidate
contesting an election.
In a system
which is based on proportional representation, the main contestant
in a parliamentary election for example is the political party or
the independent group for whom a vote is cast and less the candidate
himself.
He points out
therefore that the election laws need amendment whereby the actions
of commission and omission covered by offences, corrupt and illegal
practices of individuals acting as agents of parties should result
in the discrediting of their parties and parties themselves should
be made to suffer severe penalties. The law as it stands now, remains
wholly deficient in this respect.
Accordingly,
in this month of August 2002, if a snap poll is being contemplated,
we need to call for not only the setting up of the independent commissions
but the righting of the structures within which these commissions
operate. Failing this, we would be only compelled to undergo, yet
again, something resembling an electoral charade as we have had
in the past.
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