Having a relatively peaceful Election Day is not in itself an indicator of a free and fair election. A unique feature of this Southern Provincial Election was the violation of election law throughout the electoral process in the pre election period.

This trend in blatantly violating election law for election gains has become normalized in the Sri Lankan election process. During Election Day CaFFE observed this trend becoming prominent by an increase in activity and increased presence shown by candidates and their supporters who were observed by CaFFE monitors to be roaming throughout the Southern Province in vehicle convoys. This is a total violation of election law in Sri Lanka.

Furthermore, CaFFE election monitors observed that leaflets and handbills distributed to people by supporters of candidates in the Hiniduna, Kamburupitiya, Tangalle, Dewinuwara and Benthara Alpitiya areas on Election Day in absolute violation of election law on Election Day. 

In another double violation of election law on Election Day and the misuse of state resources CaFFE election monitors observed that voters were being transported to polling booths using state vehicles.

Serious incidents of Election violence were reported from the Akuressa, Dhickwella, Devinuwara, Lunugamvehera and Yakkalamulla areas only.

CaFFE's Election Day Election Day Case list breakdown is as follows:

There were an unusually high number of election law violations on Election Day with a total of 155 separate incidents with election laws being violated 32 times and incidents of illegal propaganda 123 times.

In summary CaFFE concludes that although Election Day was relatively peaceful in comparison to a violent Pre Election period, this high level of violence during the Pre Election period influenced voting patterns and the campaigning activities of opposition parties such as the JVP. Thus it indirectly had an effect on Election Day proceedings. The none establishment of an independent Election Commission due to the none implementation of the 17th Amendment to the Sri Lankan constitution is a major factor in relation to the ineffective protection of election law as another key characteristic of this SPC Election.

The entire SPC election process emphasized the ineffectiveness of the Election Commissioners Department, Police and Law Enforcement Officials, Institutions and other election process stakeholders in holding a free and fair election.

Once again it proved that without implementing the 17th Amendment to the Constitution there cannot be a free and fair election in Sri Lanka.  

Campaign for Free and Fair Elections (CaFFE)

2009.10.10

The Janatha Vimukthi Peramuna (JVP) filed a fundamental rights petition yesterday charging police officers of Tangalle for allegedly being inactive in investigating an arson attack on its election office in Tangalle.

It has also alleged, in the petition, that police officers had arrested one of its party members on a frivolous charge.

It said the police officers were inactive due to dictation by higher political authorities.

It has reserved the right to add, as a respondent, another police officer, known as ‘Maha Kalu Sinhalaya,’ who had made the arrest, once his name was discovered.Sirira Kumara Wahalathanthri, the group leader of the Hambantota District JVP candidates, and another party member, D. Gunasekara, in their petition, cited IGP Jayantha Wickramaratne, Tangalle Headquarters Inspector Kalinga Silva, Inspector S.J.B. Suwaris and the Attorney General as Respondents.  (Read More)

The JVP yesterday faulted the government for what it called a violation of both the election laws and the Constitution during the UPFA campaign for the Southern Provincial Council election. "Today, the country is being run according to President Mahinda Rajapaksa’s own constitution," the JVP said.

Addressing a Press Conference at the Party Head Office in Battaramulla, JVP Propaganda Secretary, Vijitha Herath MP said that the government had used prisoners, too, to erect UPFA cut-outs in the South while abusing all kinds of state property. Therefore, the forthcoming polls to the SPC would not be free and fair.

Herath said: "Last Monday(05) President Rajapaksa attended a UPFA rally in Matara. The government had brought people from all parts of the country in SLTB buses. We could see around 273 buses in Matara belonging to SLTB depots islandwide. The largest number had been taken from the Elpitiya depot. Government politicians used their official telephones, fax machines and photocopy machines for the UPFA election campaign."

Showing a copy of a letter dated October 1, to journalists, Herath said that SLFP Organiser in the Kamburupitiya electorate, Chandima Rasaputhra had directed all Samurdhi officers to bring at least 100 Samurdhi beneficiaries from each division in the electorate to participate in President Rajapaksa’s rally.

During the Uva Provincial Council polls, the Diyatalawa, Haputale and Badulla SLTB depots had been used as UPFA election offices. The JVP had reported the matter to the Elections Commissioner and the police had refused to act against the UPFA in spite of orders from the Polls Chief.

A similar situation prevailed in the Southern Province as well, he said.

JVP Parliamentarians Sunil Hadunneththi and Ramalingam Chandrasekar were present at the press conference.

He challenged the UNP MP, Ravi Karunanayake to prove his allegations of misappropriation of funds from Mihin Air. "Why couldn’t Ravi go to courts or to the Bribery Commission against me, if those allegations were correct", he queried. Why waited for two years to make those allegations", he said.

Responding to queries by media men, he said, he had complained to the police about a conspiracy by his own party men to pollute his name in the last three days prior to the polls.

"Allegations of assault on some supporters of Nishantha Muthuhettigama by his men were baseless. I have never used thuggery in my election campaign. People pelt stones at frees bearing fruits. Likewise not only opposition members but also his own party men were jealous of him and trying their level best to throw him out of the political field" Sajin said.

Following his appointment as the Galle district SLFP organiser seven months back, he had started some 480 community projects in the district and distributed books to 60,000 students. He had visited 691 Grama Niladhari divisions in the district and listed out the needs in the areas. 1000 sports clubs would be presented with sports goods as they were in need of them, he said.

Responding to queries by the reporters, he said, that he was confident of winning the polls with the highest number of votes, though he was in the southern political field only for a few months.

WPC member, R. Duminda de Silva also was present.

Around 32 JVP political party offices in the Hambantotta district, especially in Tissamaharama, had been attacked.

PARREL Executive Director Rohana Hettiarachchi told a media conference that a large number of complaints had come from the Galle, Matara and Hambantota districts of assault, attacks on party offices and display of cut-outs and hoardings. The PAFFREL had received about 151 complaints of which 16 were about assault. Among other complaints was an abduction, intimidation, threats, shooting, damage to property, transfer of government servants, misuse of state property and politically motivated entertainment of voters.

With 1,761,859 voters eligible to cast their votes in the province, PAFFREL would mobilise 1,485 election observers to work at polling stations in the three districts. and steps would be taken to observe 670 polling stations in the Galle District, 442 in the Matara District and 373 in the Hambantota District.

Mobile observers numbering 115 would be deployed to monitor election activities at polling booths where observers were not present.

Hettiarachchi said it was the JVP that had borne the brunt of polls related violence in the South.

He said that 1,091 candidates from 18 political parties and 13 independent groups would contest the elections.

The opposition accused the ruling coalition of postponing more stringent measures it will need to take to meet the terms of a $2.6 billion International Monetary Fund (IMF) loan, which could cost it votes at presidential and parliamentary elections.

Allies of President Mahinda Rajapaksa say they expect him to call an early presidential vote in January, with parliamentary polls to follow two months later. .... (Read More)

Elections Commissioner Dayananda Dissanayake yesterday warned that he would be compelled to cancel the polls in two areas in the Hambantota District where none of the cut-outs or banners of some candidates are removed.

Mr. Dissanayake told a news conference yesterday that the police have not heeded his repeated requests to remove those banners and cut-outs. However he said he cannot reveal the location of the two areas.

Asked whether these cut-outs and banners are not removed due to political pressure he said he was not aware of any reason.

He said he would be compelled to go for a re-poll in any area if incidents such as chasing away intending voters, stuffing of ballot boxes and stealing of ballot boxes are reported..