Centre for Policy Alternatives on 6 April, 2010

Special Release on voter concerns: Parliamentary Election 2010

6th April 2010, Colombo,
Sri Lanka: CMEV has received reports from the
Puttalam and Batticaloa Districts alleging preparations for voter
impersonation in the polls on the 08th. CMEV urges the
Commissioner to investigate these allegations and ensure that all action
is taken to prevent voter impersonation.

Illegal applications under displaced category in Puttalam
District

On 30th March, CMEV received a copy of the letter,
addressed to the Election Commissioner, from UNP candidate for Vanni
District Noordeen Mashoor regarding illegal voter applications under the
displaced category in the Puttalm District.

In the letter, he alleged that this was done on the instigation of
the incumbent Minister and UPFA candidate Rishard Badiudeen. The letter
mentions that most of such voters currently reside in Colombo and
Panadura. The rest are either living abroad or have died.

On contacting Noordeen Mashoor’s Office, CMEV was informed that in
centres highlighted in the letter, there was a remarkable increase in
the number of voters compared to the last presidential election.
Manalkunru(PD No.29D), Cassim city(PD No.42D/3), Veppamadu(PD No.23
D/1), Alankuda(PD No.54/D1 & 54D/2), Ulukkappallam(PD No.77D/1&
77/2), Hidayath Nagar(PD No.86D) and Thillayady(PD No.40D) in the
Puttalam District and Salampapuram (PD No.43D) in the Anurdhapura
District were highlighted in the letter.

An officer attached to Mashoor’s office told CMEV that a list
highlighting every individual’s current status has been prepared in
order to identify the illegal applications. According to him, there are
around 6,000 such voters. He also informed CMEV that the copies have
been given to the Election Commissioner and respective Returning Officer
and Assistant Election Commissioner. He said that they were awaiting
action in this regard.

On contacting the Assistant Election Commissioner and the Returning
Officer of Puttalam, CMEV learnt that they have started investigations
into the matter. On 02nd April CMEV was told by the Assistant
Election Commissioner-Puttalam Mr.A.O.M.Nafeel that in a random check
they did based on the list they received from the complainant, they
identified around 27 applications with forged signatures of Grama
Niladharis. He further explained that since they do not have an updated
list of people residing in the camps, it is difficult to compare the
lists. He also said that they did not have enough time and resources to
conduct a check on an individual basis. He stated that after the
consultation with the Commissioner, they would take a decision regarding
the mater.

On 03rd April CMEV learnt that the Commissioner issued a
notice on the issue on 02nd April. CMEV got a copy of the
notice on 04th April.

It is mentioned in the notice that 25,582 displaced voters (21,035
for Vanni and 4,547 for Jaffna) have applied under the displaced
category and they will be allowed to cast their votes in centres to be
set up in the Puttalam District.

It is further noted in the notice that the lists of displaced voters
under this category were displayed in the Puttalam and Mannar Election
Offices and in the respective Divisional Secretariats a week ago. They
subsequently received complaints from some voters in Mannar that they
did not apply under this category. Accordingly, they will be allowed to
vote in their regular polling centres in Mannar, the notice states.

It is also stated in the notice that they have identified some
applications with forged details and signatures and that in many cases
Grama Niladaris had not attested the applications.

CMEV has learnt that applications of those living abroad and deceased
were submitted with forged signatures.  This is also mentioned in the
notice.

It is explained in the notice that the Puttalam Assistant Election
Commissioner’s Department attempted to get a list of people over 18 yrs
through the respective Returning Officer. However, the lists have yet to
be submitted by the respective camp officers. Therefore, it is
difficult to conduct a fair poll in 37 centres set up in the Puttalam
District.

The notice instructs displaced voters to get their respective camp
officer and Grama Niladari to attest the form issued by the Department
of Election. However there are concerns in respect of the former since
camp officers are appointed by Rishard Badiudeen’s ministry and with the
time period available for this.

On 05th April CMEV contacted the respective Returning
Officer in this regard, he informed CMEV that the Commissioner has
issued another notice today considering all the issues. According to him
a declaration will be obtained from voters at the discretion of the
SPOs or if a polling agent objects, according to the section 43 of the
Parliamentary Elections Act. Measures will be taken to inform the people
through Grama Niladharis.

CMEV notes that this is not the first time illegal applications have
been submitted from the Puttalam District. During the Jaffna MC and
Vavuniya UC Elections, 488 such applications were found and removed by
the Election Commissioner. Moreover, the annulment of results in a
polling centre due to malpractices has also happened in the Puttalm
District in the recent past.

CMEV notes with concern the lack of preparedness for the conduct of
the polls and underscores the lack of an updated list of people residing
in the camps, though displacement occurred 20 years ago. .

CMEV calls upon the respective Returning Officer and Assistant
Election Commissioner to act fast to effectively communicate the message
to the concerned people and to remove the confusion arising from
constant changes of the procedures within a very short period.

Allegations of preparation for systematic voter impersonation

On 04th April CMEV received a copy of a letter, addressed
to the Election Commissioner on 30th March 2010, from UNP
candidate for the Batticaloa District U.L.M.N.Mubeen

He alleged, in the letter, that a UPFA candidate plans large- scale
voter impersonation using forged NICs.

The letter states that the candidate in question has visited the town
to collect the details of traders who are voters in the Batticaloa
Distric but currently residing outside the Distrixt for business
purposes. It is also alleged that the candidate has collected a copies
of the latter’s NICs for purposes of impersonation.

The letter alleges that Mr.Abdul Raheem known as Rupavahini Raheem
has been assigned the task of forging NICs and that the candidate has
engaged in impersonation in previous elections, including the last
Eastern Provincial Council Election.

The letter requests the Commissioner to inform the Police of this and
recommends that election officials from Kattankudy not be appointed to
this area.  Likewise election monitors.

CMEV reiterates its call to the Commissioner to act to ensure that
voter impersonation as alleged does not take place.

Special Release on voter concerns: Parliamentary Election 2010

Centre for Policy Alternatives on 5 April, 2010

Elections and Minorities: Present Problems and Alternatives for the Future

Elections and Minorities: Present Problems and Alternatives for the Future

May 2010 marks the first anniversary of the end of the war. Since the defeat of the LTTE, Sri Lanka had a Presidential Election in January 2010 and will have Parliamentary Elections on 8th April 2010. These two national elections held in a post war context are significant since all citizens will be able to vote without hindrance. Both these national elections, held less than three months apart from each other, set several precedents. As with the Presidential Election in January, in the forthcoming Parliamentary Elections in April there will be polling centres in former LTTE controlled areas such as Killinochchi. Candidates from different political parties, including the presidential candidates have been able to campaign in former LTTE-controlled areas. Furthermore, the Presidential Elections also witnessed a major effort by all candidates to canvass minority votes, with many politicians and supporters traveling to and campaigning in minority dominant areas particularly in the North and East.

Although the Presidential Elections were held in January 2010 and another national election is to be held in April, the quality of life for those in the North and East continues to be a key post war challenge. The significant improvement is that thousands have been able to return to their homes and communities and rebuild their lives, and the prospect of large-scale violence and displacement appears to be a thing of the past. However, although over 190,000 individuals have returned to their areas of original residence, many are unable to return to their own land due to restrictions in access, the presence of high security zones (HSZs), mines and secondary occupation.1 There still remain over 80,000 internally displaced persons (IDPs) in emergency sites in the North.2 Freedom of movement in many parts of the former LTTE controlled areas including areas in Mullaitivu and Killinochchi has been severely restricted as a result of the high military presence.

Despite the opportunity presented for people who were unable to vote in previous elections, the Presidential Elections in January also witnessed several problems -IDPs and those recently returned to the North and East were unable to freely use their franchise. These obstacles and barriers in voting were not limited to the IDP population but to minorities in the North and East. Furthermore, minority communities elsewhere in the country including the Muslim IDPs in Puttalam and the Up-Country Tamil Community faced various other issues. This brief maps issues faced by minorities during election. It focuses on the obstacles they face and presents recommendations in respect of the removal of these obstacles.

Conflicts and disasters have multiple impacts on a civilian population including their political and socio-economic life. In addition to fatalities, injuries, trauma and displacement faced by civilians, there is a major disruption of community life. Livelihoods are affected which result in many having to depend on external assistance. Social networks change with continuous migration, displacement and the change of environment. Furthermore, IDPs and others affected by conflict and disasters face difficulties in participating in the electoral process and are marginalised from political life. In most cases, displacement also results in the infringement of fundamental rights and guarantees including the right to freedom of expression, movement and franchise. As outlined in this brief, minorities across the country have been deprived of their franchise due to various reasons including administrative barriers, the inability of relevant actors to be effective in disaster response and the absence of a legal and policy framework that protect the rights of the most vulnerable and marginalized.

The issues raised in this brief are not new and have been evident in past elections. However, what is notable is that the present elections are held in a different, post war context, where hostilities have ended and one in which polling was and will be held in former LTTE controlled areas. Furthermore, the LTTE is no longer a force to be reckoned with. Though the issues listed in this brief have been raised previously3, there has been limited progress in the improvement of available facilities and in developing a framework to address the problems faced by minorities in Sri Lanka. The right to vote and the existing problems related to this issue are an apt example of the obstacles faced by minorities who need to be treated as equal citizens and provided equal protection before the law. Although this report focuses on minorities, some of the issues highlighted in the report are not unique to minorities.

With the prospect of a Northern Provincial Council election later this year, there is a certain level of urgency in addressing these issues. The inaugural elections to the Northern Provincial Council could be a landmark event which positively impacts the lives of those living in the area, only if all its residents are allowed to exercise their fundamental right to the franchise. Depriving them of their fundamental rights more than a year after the war ended and at a time of development in the area, would be a travesty of justice.  

Centre for Policy Alternatives on 5 April, 2010

Monitoring election violence in Sri Lanka Parliamentary Election 2010: Media Communiqu? 10

5 April 2010, Colombo, Sri
Lanka: CMEV has received confirmation of the first
election related murder and reports of the further intensification of
violence as the campaign draws to a close today, midnight. A tense
situation is reported from the Sinhala areas of the Digamadulla District
due to the competition between candidates for preference votes.

Tense situation reported in Ampra

CMEV field reports revealed that a tense situation prevails in Ampara
and Mahaoya areas due to a UPFA intra party clash between supporters of
UPFA candidates Sarath Weerasekara(candidate no 10) and Ferial
Ashrof(candidate no 01) on 04th April at around 11.00 am in
Ampara town. Saman Morayas, Vice Chairman of the Ampara Urban Council
and Wimal Weera Dissanayake, Eastern Province Minister of Education,
Cultural Affairs, Lands and Land Development and Transport were also
attacked in the incident.

CMEV learnt that protests against Sarath Weerasekara were organized
in Mahaoya town and Damana 04th Mile Post at around 12.00 pm
today. A protest was also held in Ampara town, yesterday, against him.
Reportedly the protests are backed by Wimal Weera Dissanayake.

According to the information from the field, posters which state
‘vote for a Sinhalee beyond party or colour’ in Sinhala have been
displayed in Sinhala areas.

In previous reports, CMEV also highlighted a Harthal in the Pottuvil
area on 03rd April against UPFA candidate A.L.M.Athaullah.

UPFA supporter shot dead in Kurunegala

CMEV learnt that R.D.Jeewan Prasanna Jayawardhana, a UPFA supporter,
was shot dead by an unknown group in Mawathagama at around 11.00 pm
yesterday.

CMEV learnt that the deceased was a supporter of UPFA candidate
R.D.Wimaladasa(candidate no 06).

When CMEV contacted Wimaladasa’s office, Chandalal Wijesooriya, a
driver who witnessed the murder, informed CMEV that while they were
returning from Kurunegala to Mawathagama in a double cab (NW PB 3968),
an unknown group in a double cab confronted them and opened fire towards
their vehicle. According to him, Jeewan was sitting in the back seat of
the cab. He further explained that when they reached the Kurunegala
Hospital Jeewan had died and that they had informed the Police at the
time of the incident.

Wimaldasa suspects that the attack was carried out by UNPers, since
he was informed that some UNP supporters had been searching for Kasun,
another supporter of his, prior to this attack.

When CMEV contacted the Mawathagama Police Station, a women Police
Officer informed CMEV that they had received an anonymous call regarding
the incident at around 11.45 pm. She further stated that investigations
are being carried out.

Dr.N.D.S.Rajamanthiri of Kurunegala General Hospital confirmed that
the person had died when he was brought to the hospital.

DNA supporters assaulted in Wattala

A group of DNA supporters who were pasting posters, were assaulted by
a group of supports of UPFA candidate for Gampaha District, Neil
Rupasinghe(candidate no 12) in Pattiyawala, Uswetakeiyawa at around
03.00 am on 03rd April.

CMEV Field Monitor visited the residence of M.N.C.Dias, a victim, and
recorded a statement from him. According to him, he and M.A.Ranjith
Kumara, another DNA supporter, were assaulted and Ranjith managed to
escape from the attack. Subsequently he was forcibly pulled into the
vehicle and brought to Neil Rupasinghe’s residence located in
Hendala,Wattala. He was ordered to kneel down and was assaulted by Neil
Rupasinghe’s supporters at his residence as well. He further explained
that he was dropped at the point where they snatched him.

He further stated that he saw the UPFA supporters waving to the
police officers when they passed the Police check -point located in
Wattala Shell Gas Junction. He expressed his disappointment with the
Police over their inactivity and stated that he would not complain to
the Police in this regard as he lacked trust in them.

When CMEV contacted the Wattala Police Station it was informed that
the Muthurajawela Police Post is in charge of deployment at the above
named check -point. When CMEV contacted the Muthurajawela Police Post,
PC Sanjeewa Kumara informed CMEV that on the particular day they did not
deploy any officers to the above post.

When CMEV contacted Neil Rupasinghe in this regard, he categorically
denied the allegations.

Intra party clash in Anuradhapura

CMEV learnt that a group of supporters of UPFA candidate Duminda
Dissanayake(candidate no 06) was assaulted by a group of supporters of
UPFA candidate S.M.Chandrasena(candidate no 11) near Eppawala Epologama
Rathgiriyagama Vidyalaya, Kekirawa at around 06 pm on 02nd April.

On 03rd April CMEV contacted Ajith Kumara, Coordinating
Secretary to Duminda Dissanayake. He informed CMEV that 08 supporters
were injured due to the attack and admitted to the Anurdhapura General
Hospital. He alleged that the perpetrators ordered them to kneel down
and threatened them with firearms.

When CMEV contacted R.M.R.Somaratne, Coordinating Secretary to
S.M.Chandrasena, he denied the allegations and stated that supporters of
Duminda Dissanyake assaulted them and that five of them sustained
injuries in the attack and were subsequently admitted to the
Anuradhapura General Hospital.

CMEV contacted the Kekirawa Police Station. A Police Sergeant told
CMEV that they received a 119 call regarding the incident and on the
basis of that information further investigations are being carried out

On contacting the Anuradhapura Hospital, CMEV learnt that 10 people
who were injured in the attack were admitted to the hospital.