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.  

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.

Monitoring election violence in Sri Lanka Parliamentary Election 2010: Media Communiqu? 9

3 April 2010, Colombo, Sri
Lanka:
CMEV is deeply concerned about the escalation of
violence in the last stage of the campaign and calls up on the Police to
act fast to arrest the situation.

Repeated allegations against supporters of Minister Rishard
Badiudeen in Puttalam and Vanni

CMEV continues to receive complaints against supporters of the
incumbent Minister of Re-settlement and Disaster Relief Services and
UPFA candidate for the Vanni District, Rishard Badiudeen(candidate no
01).

In 24 incidents of election related violence his supporters are
alleged to be the perpetrators.  Members of his party have made
allegations against his supporters in 02 complaints. CMEV also has
received 04 complaints by his supporters of which 03 are against UNPers
and 01 against the supporters of UPFA candidate Premarantne
Sumathipala(candidate no 06).

Of the complaints received against his supporters, 18 are categorized
as Major and 06 as Minor. Major incidents include 08 instances of
Assault, 06 incidents of the Misuse of Public Property, 02 instances of
Grievous Hurt and 01 case each of Damage to Property and Threat and
Intimidation.

In three instances, victims stated that they had not lodged
complaints with the Police because of a loss of trust and confidence in
the Force.  CMEV has recorded 11 complaints against Badiudeen supporters
in the Puttalm District. None of these complaints have been lodged with
the Police.

Recent allegations against his supporters are
highlighted below:

On 02nd April CMEV received a complaint from the UNP that
supporters of Rishard Badiudeen assaulted a group of supporters of UNP
candidate Noordeen Mashoor(candidate no 05) in Tarapuram, Mannar at
around 06.30 pm while they were campaigning in the area. Two UNP
supporters namely M.Hafil and M.Aroos sustained injuries due to the
attack.

On contacting Noordeen Mashoor’s office, CMEV learnt that a van (WP
TB 0611) was also damaged due to the attack and that the victims were
admitted to ward no 04 of the Mannar General Hospital. According to one
of the office bearers, a complaint was lodged with the Mannar Police
Station.

On 03rd April CMEV contacted Mr.Munawfer, a coordinator of
the Minister. He declined to comment on the allegation and asked CMEV
to contact the Police to verify the details.

CMEV contacted the Mannar Police. Election OIC Sriwardhana, confirmed
that they had received a complaint regarding the incident.

Harthal in Pottuvil

CMEV received reports regarding a harthal in the Pottuvil area on 03rd April.

Field reports revealed that the Harthal was backed by the UPFA and
UNP candidates in order to protest against the alleged violent
activities of UPFA candidate A.L.M.Athaulla(candidate no 02). CMEV also
learnt that a National Youth Conference of the National Congress, an
ally of UPFA, was also arranged in Pottuvil under the patronage of
Athaulla on the 3rd evening.

CMEV contacted M.B.A.Azeez, former parliamentarian and representative
of Ferial Ashrof for Pottuvil. He alleged that since Athaulla does not
allow other candidates to campaign in his areas, other UPFA and SLMC
candidates organized a harthal in Pottuvil on the 3rd in
protest. He accused the Police of attempting to break the harthal by
threatening shop owners with permanent closure if they did not comply.

Mr.Mubasir a shop owner and a supporter of the SLMC, alleged that the
Police had put an additional lock on his closed shop as he had refused
their demand that he break the harthal.

OIC Wasanthakumara of the Pottuvil Police Station denied the
allegations and stated that all shops were open for business as usual.

At around 04.30 pm the CMEV Field Monitor informed CMEV that people
were brought from Akkaraipattu in 04 buses (WP NA 1340,63-3169, WP NA
2535 & WP NA 3247) belonging to the Akkaraipattu Depot for the
conference. According to him, 08 wickets and stones were found in a bus
(WP NA 1340) when the STF checked the busses and 07 iron bars were found
in a van (56-2639).

According to CMEV Field reports many shops remain closed and a tense
situation prevails in the area. A heavy deployment of security forces
has been provided for the conference.

Intensified intra party clashes in Sammanthurai

CMEV has confirmed 05 incidents of UPFA intra party disputes from the
Sammanthurai electorate during the last 48 hours. These include an
incident of Hurt and 04 incidents of Damages to Property. All incidents
have been reported to the Sammanthurai Police Station.

In the attack M.M.Ashroof, a supporter of Naushad, sustained injuries
and was admitted to ward no 01 of the Kalmunai Base Hospital.  His
three-wheeler (EP GE 9858) was also damaged in the attack.

In all 05 instances supporters of UPFA candidates Abdul
Ameer(candidate no 05) and A.M. Naushad(candidate no 04) were identified
as the alleged perpetrators. In 03 instances, supporters of Naushad
were identified as the alleged perpetrators, while in 02 incidents
supporters of Abdul Ameer were accused.

UNP supporters attacked in Kurunegala

CMEV Field Monitor reported that a group of supporters of UNP
candidate Akila Viraj Kariyawasam (candidate no 01) were assaulted
allegedly by a group of supporters of UPFA candidate Johnston Fernando
(candidate no 14) opposite the Kurnegala Malkatuwawa Welagedara
Vidyalaya at around 07.00 pm on 02nd April. Two UNP
supporters namely M.Izadeen and M.Aslam sustained injuries in the attack
and were admitted to ward no 01 of the Kuliyapitiya Base Hospital.

CMEV contacted Mr.Chandana, personal secretary to Akila Viraj
Kariyawasam. He told CMEV that the perpetrators came in a blue Tipper
and assaulted the UNP supporters while they were returning after a UNP
meeting held in the Kurunegala Sathiyawadi ground under the patronage of
the Opposition leader Ranil Wickramasinghe. A truck (NW LF 3745)
belonging to Akila Viraj Kariyawasam was also damaged in the attack. He
further stated that M.Nowshad, a UNP supporter, lodged a complaint (EIB
01/2010) with the Kurunegala Police Station.

When CMEV contacted Johnston Fernando’s party office, Sumudu
Abeyawickrama, an office bearer, categorically denied the involvement of
UPFA supporters in the attack.

IP Dharmadasa of the Kurunegala Police Station confirmed the incident
and stated that further investigations are underway.

Profile of Violence

As of 03rd April CMEV has confirmed 325 incidents of
election related violence including 186 Major Incidents. The use of Fire
-arms has risen to 43 and CMEV has confirmed 46 instances of the Misuse
of Public Property – 24% of the total number of Major Incidents.

The majority of Major Incidents (37) are reported from the Central
Province. Thirty-two (32) Major violations are confirmed from Major
Incidents each are reported from the Eastern and Uva Provinces.
Seventeen (17), 16, 15, 13 and 12 Major Incidents are confirmed by CMEV
from the Northern, Sabaragamuwa, Southern, North Central and Western
Provinces, respectively.

CMEV has received 232 complaints against UPFA and its allies of which
66 (28%) are from UPFA party members. The UNP is accused in 17
incidents while in 60 instances the party affiliation of the
perpetrators has not been identified. CMEV has also confirmed 05
complaints against the EPDP and 03 incidents of election related
violence against the ITAK.

All CMEV reports and communiqués and the CMEV Incidents
Google Map can be accessed online at
http://cmev.wordpress.com