Monitoring election violence in Sri Lanka Parliamentary Election 2010: Media Communiqu? 3

23 March 2010, Colombo, Sri
Lanka:
CMEV continues to receive reports regarding the
misuse of public resources for electioneering. CMEV has recorded 32
(29%) cases of public property misuse out of the 110 confirmed Major
Incidents as of 22nd March 2010.

Attack on MTV/MBC Media

CMEV unreservedly condemns the attack on the MBC/MTV office located
at Braybrook Place, Colombo, yesterday 22nd March 2010. CMEV has learnt
that one of the buses used to transport the attackers was from the
Kelaniya Bus Depot.  On 22nd March CMEV contacted the Slave
Island Police Station, CI Malin Perera, informed us that according to
the statements recorded from the arrested persons, some of them are
supporters of UPFA candidate Duminda de Silva (candidate no 08) who were
on their way to a musical show organized by him. Duminda de Silva
categorically denied the involvement of his supporters in the incident.

Whilst the precise motivation for the attack has yet to be
established, CMEV notes that it took place in the heart of the capital
in the afternoon and against a media organization that has been attacked
before.  The attack, in the context of a general election in
particular, adversely impacts the free flow of information, public
perceptions in respect of their access to information and the Rule of
Law.  CMEV calls on the Police to take effective and speedy action
against the attackers without fear or favour.

Repeated reports regarding the misuse of public property

CMEV Field Monitor reported that a meeting was held on 23rd March at the Ashraff-Athaullah Memorial Hall, Pottuvil for school
teachers and principals at around 12.00 pm.

According to the CMEV Field Monitor, UPFA candidates namely A.H.Abdul
Basheer(candidate no 03),A.M.Lebbe(candidate no 05) and
A.M.Athaullah(candidate no 02) and Eastern Provincial Council Minister
of Road Development, Irrigation, Housing and Construction, Rural
Electrification and Water Supply Uduman Lebbe addressed the gathering.

CMEV learnt that the schools in the Pottuvil area were closed
at around 10.30am on the 23rd in order that the principals and teachers
could attend the above meeting.

CMEV contacted Mr.Muthalif, Deputy Director of Akkaraipattu
Zonal Education Department, who said that permission had not been
granted to close schools on the 23rd.  He further stated that
he came to know that it was the Ministry of Education of the Eastern
Provincial Council that had given approval.

Secretary of the Eastern Provincial Council Ministry of
Education Mr.Weerawardhana, informed CMEV that this was not the case,
that he was not aware of the incident and that he would look into the
matter.

Mannar: on 22nd March CMEV received
reports regarding the misuse of a building and staff of the National
Youth Council, Mannar in the campaign of the incumbent Minister of
Re-settlement and Disaster Relief Services and UPFA candidate Rishard
Badiudeen(candidate no 01). Reportedly, a meeting for organizers and
supporters of Rishad Badiudeen was held on 22nd March at the
Council.

CMEV contacted the National Youth Council, Mannar and an officer
attached to the council denied that such a meeting took place.

Attempts to contact Rishard Badiudeen were not successful.

Jaffna: According to CMEV Field Monitor UPFA
candidate for Jaffna District, Alexander Charles (candidate no 04) has
conducted a meeting in the Kachai Government Tamil Mixed School on 18th March 2010 at around 01.30 pm

When contacted, Alexander Charles, categorically denied the
allegation.

Nuwaraeliya: Allegedly the incumbent Minister of
Youth Empowerment and Socio Economic Development and UPFA candidate
Arumugan Ramanathen Thondaman(candidate no 10) conducted a  meeting at
Pathana College of Education main hall on 17th March 2010.

CMEV learnt that five principles of government schools and trainees
attached to the college also attended the meeting. Three of them were
identified as the Principles of Barathi Maha Vidyalya, Highlands Central
College and Kotagala Tamil Maha Vidyalaya, respectively.

CMEV Field Monitor reported that a lorry (CP PA 5267) belonging to
the Kotagala Pradeshiya Saba is being used in the campaign of UPFA
candidate Shanthini Chandrasekran(candidate no 09).N.Sadasivam, a UPF
Praseshiya Sabah Member from Kotagala, denied the allegation.

CMEV welcomes the Election Commissioner’s guidelines prohibiting
public property misuse and highlights the section 104B (4) (a) of the 17th amendment to the Constitution, which clearly states that;

The Commission shall have the power during the period of an
election, to prohibit the use of any movable or immovable property
belonging to the State or any public corporation

We urge the Commissioner to exercise the powers vested on him in the
interests of protecting and strengthening the integrity of the electoral
process.

As of 22nd March 2010 CMEV has recorded a cumulative total
of 170 incidents including 110(64%) Major Incidents.  The Use of
Firearms has risen to 31(28%). CMEV has recorded 22 Major Incidents from
the Central Province, 17 from the North Western, 16 from Sabaragamuwa,
12 from the Eastern Province, 11 from Uva, 09 from the Southern
Province, 08 each from the Western and Northern Provinces and 07 from
North Western Province.

CMEV has received 127 complaints against the UPFA, 25 of which were
made by party members. The UNP was accused in 07 incidents, whilst in 35
cases the party affiliation of the perpetrators has not been
identified.  CMEV has recorded a complaint against an independent group
contesting in Badulla.

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Download this PDF in Sinhala and Tamil.

Parliamentary Election 2010: Media Communique 2

Colombo, Sri Lanka: As of 20th March, CMEV has recorded a cumulative total of
146 incidents of which 87 have been categorized as Major. The number of
incidents involving the Use of Firearms has risen to 29.

Some of the recent incidents of election related violence are
highlighted below. Download as Sinhala
PDF
or as Tamil
PDF
.

Arson attack on Lorry of UPFA supporter, Eravur, Batticaloa

On 20th March at around 12.30 am a lorry belonging to UPFA
supporter, Ibrahim Raheem, was set on fire by an unidentified group in
Gandhi Road, Eravur. A complaint (ECIB 29/10) has been lodged with the
Eravur Police Station by Ibrahim Raheem in this regard.

CMEV Field Monitor visited the scene of the incident recorded a
statement from Ibrahim Raheem. He informed the CMEV monitor that he is a
UPFA supporter and that his vehicle is used for UPFA campaigning. 
According to the CMEV monitor, the front part of the lorry has been
completely burnt as a result of the attack.

A.C.M.Sayed, Officer in-charge of UPFA candidate, Ali Zahir
Moulana(candidate no 02) told CMEV that his vehicle is used to transport
furniture for the UPFA meetings and he is an active supporter of the
party.

C.G.A.S.Piyaratne, OIC, Eravur Police confirmed to CMEV that the
incident had occurred and stated that further investigations are
underway.

Attack on UNP vehicle convoy in Alankuda, Puttalam

According to A.M.Husain, SLMC working committee member, on 19th March 2010 at around 04.00pm a UNP party office located near ‘B’ Camp
,Alankuda was attacked by a group of supporters of incumbent Minister of
Re-settlement and Disaster Relief Services and UPFA candidate for Vanni
District, Rishard Badiudeen(candidate no 01). Jamsir, a UNP supporter,
sustained minor injuries on his left hand due to the attack.

At around 08.00pm another attack on a vehicle convoy of UNP
candidates Noordeen Mashoor(candidate no 05), A.K.S.Hameethu(candidate
no 01) and M.H.Rinos(candidate no 08) was carried out by the supporters
of Rishard Badiudeen near the play ground Kalmunaikudi-B, Alankuda.
Thirteen (13) vehicles were damaged due to the attack and the estimated
loss is 240,000Rs, according to Mr.Hussain.

Mr.Hussain further alleged that the STF was also involved in the
incident and had assaulted the UNPers.

Minister Rishad Badiudeen was not contactable.

CMEV Field Monitor visited the Kalpitiya Police Station on 20th March to get further details regarding the incidents, but the Police
did not provide any information. Attempts by the CMEV secretariat to get
details from the Police were also not successful.

CMEV has recorded 09 incidents from the Puttalam Electorate of which
07 are from Kalpitiya Police area. Only one complaint had been lodged
with the Kalpitiya Police. In two cases complainants directly alleged
that the Police is biased towards the ruling party and that they have no
trust in them.

Alleged mislead of voters in Chilaw

On 20th March CMEV learnt that a letter dated 05th March 2010 under the signature of the President of Sri Lanka Freedom
Graduate Association, Udula Nuwan Pathirana, has been circulated in
Chilaw, Puttalam. The letter requests graduates who wish to be employed
in the government sector to go house -to -house campaigning for the UPFA
for at least 20 days.

CMEV contacted Udula Nuwan Pathirana who denied the allegation and
stated that a letter is being circulated within the Chilaw Polling
Division with his forged signature. He also stated that he has informed
UPFA organizer for the Chilaw electorate and candidate, Neomal Perera
(candidate no 07) of this.  CMEV contacted Neomal Perera who stated that
he was not aware of the circulation of such a letter.  He categorically
denied the allegation that the party has decided to provide jobs only
to those who campaign for them.

Parliamentary Election 2010: Media Communique 1

19 March 2010, Colombo, Sri
Lanka:
CMEV is deeply concerned by the misuse of state
resources for campaigning purposes and the increased use of firearms.

Violence Profile

As of 18th March 2010, CMEV has confirmed 115 incidents of
election related violence including 75(65%) Major Incidents since the
closure of nomination on 26th February. Out of the confirmed
75 major incidents 25(33%) are instances of the misuse of public
property for electioneering. Incidents involving the use of fire arms
have risen to 18 which constitute 25% of the Major Incidents.

The 75 confirmed Major Incidents included 06 incidents of Hurt, 03
instances of Grievous Hurt, 22 Assaults resulting in injuries, 14
instances of Threat & Intimidation, 25 instances of the Misuse of
State Resources and 05 incidents of Arson.

Misuse of State Resources: CMEV has recorded 06 such
incidents from the Kurunalgala District; in three instances the
incumbent Minister of Nation Building and UPFA candidate Salinda
Dissanyake(candidate no 17) and his supporters have been accused of
misusing three double cabs(252-6010,WP HI 2766 and WP PB 2271)and a CDMA
phone(0114945974) belonging to the respective ministry.

CMEV’s repeated attempts to contact Salinda Dissanayake were not
successful.

A building constructed for the welfare of the Army soldiers in
Galgamuwa is being used as a party office of UPFA candidate, Taranath
Basnayake(candidate no 15)

CMEV contacted the Divisional Secretariat of Galgamuwa.  An officer,
who did not want to reveal his name, confirmed the incident and told
CMEV that the building is now being administered by the Galgamuwa
Village Development Society.

A building belonging to the Zonal Education Office of Nuwaraeliya is
being used in the campaign of incumbent Minister of Livestock
Development and UPFA candidate C.B.Ratnayake(candidate no 02).

CMEV contacted the Zonal Education Office of Nuwareliya on 18th March.  An officer there told CMEV on the condition of anonymity, that a
ministry sub office of Minister of Livestock Development, C.B.Ratnayake
has been run in the old building of the department.

When CMEV contacted C.B.Ratnayake, he denied the allegation.

CMEV received reports regarding the misuse of a cab (WP JL 5264)
belonging to a road construction project implemented by the Sabragamuwa
Provincial Council. It has been used for the campaigning activities of
UPFA candidate Kanaka Herath(candidate no 04).

CMEV contacted the office of the Chief Secretary of the Sabaragamuwa
Provincial Council. An officer of the Council told CMEV that the vehicle
was given to the project office by the Japan Bank for International
Cooperation (JBIC), that they have no information regarding the vehicle
and that he was not aware of the incident.

CMEV contacted Kanaka Hereth on 18th March who
categorically denied the allegation.

According to CMEV monitor a Mitsubishi Cab (52-2425) belonging to the
Mahaweli Authority has been used to transport a cutout of incumbent
minister of Agricultural Development and Agrarian Services,Maithiripala
Sirisena(candidate no 07), from Sevanapitiya to Welikanda on 18th March 2010.

Resident Project Manager of Mahaweli Authority, Polonnaruwa who did
not mention his name admitted that the vehicle belongs to the authority
and stated that he is not aware about the incident.

Increased intra -party violence: Another alarming
trend in the lead up to the election is the struggle for preferential
votes which leads to intra party clashes. Of the 91 complaints against
the UPFA 23(25%) complaints have been made by party supporters. Five
(05) instances of intra-party violence have been reported from the
Southern Province. In Sabaragamuwa, firearms have been used in 05 out of
12 Major Incidents. CMEV has recorded 03 such incidents from the
Eastern Province and 02 incidents each from the North Central and
Western Provinces. CMEV also received reports of 01 incident each from
the North Western and Central Provinces.

CMEV highlights below a recent incident of involving the use of
firearms in the Kurunagala District.

On 17th March at around 10.30 pm, supporters of UPFA
candidate R.D.Wimaladasa(candidate no 06) who arrived in a white Canter
assaulted a group of supporters of UNP candidate Nilwala
Wijesinghe(candidate no 11) when they were having dinner after a meeting
held at Nilwala’s residence located in Ridigama. Five (05) UNP
supporters sustained injuries due to the attack and were admitted to the
Kurunegala General Hospital.

CMEV Field Monitor visited the hospital on 18th March and
recorded statements from the victims. According Anuara Munasinghe, a UNP
supporter, the perpetrators assaulted them with wooden batons and when
the other UNP supporters attempted to stop the attack, the perpetrators
had fired in the air. Reportedly a bystander also sustained minor
injuries to his head due to the panic caused by gunshots.

According to CMEV Field Monitor, Ridhigama Police confirms the
incident and is carrying out further investigation in this regard.

CMEV calls upon the leaders of all political parties, especially the
ruling alliance against which the majority of allegations of election
related violence have been made, to take immediate and effective steps
to halt the violence perpetrated by their candidates and supporters
which is a clear threat to the integrity of the electoral process and
democracy in Sri Lanka.

CMEV’s experience with multiple elections is that violence
perpetrated during the campaign impacts adversely on polling by setting a
context for an ostensibly violence free election day in favour of those
who have perpetrated violence with impunity during the campaign. It is
therefore of the utmost importance for the integrity of the electoral
process that violence perpetrated during the campaign period is deterred
and the perpetrators of violence brought to account.

In this context, we reiterate the argument consistently advanced by
CMEV regarding the urgency and pivotal importance of the full
implementation of the Seventeenth Amendment.  CMEV believes that the
establishment of independent commissions for the Police, Public Service
and Elections provided for by the Amendment, is absolutely necessary for
protecting the integrity of the electoral process.

CMEV has commenced the monitoring of the Parliamentary Election and
fielded 180 Monitors. CMEV will be deploying 4,500 Stationary Observers
in polling stations and 50 Mobile Teams on Election Day.

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Download as a PDF in Sinhala and Tamil.

CPA Statement on Lanka News Web story entitled ‘State intelligence units list journalists supportive of opposition and NGOs Saravanamuttu and Weliamuna top in the list!’

CPA Statement on Lanka News Web story entitled, “State intelligence units list journalists supportive of opposition and NGOs Saravanamuttu and Weliamuna top in the list! [sic].”

4th March 2010, Colombo, Sri Lanka: The Executive Director of CPA Dr. Paikiasothy Saravanamuttu and the Executive Director of Transparency International, Sri Lanka (TISL), J.C. Weliamuna have jointly written to His Excellency President Mahinda Rajapaksa expressing their grave concern over the contents of the above Lanka News Web report of 3rd March 2010 at http://www.lankanewsweb.com/news/EN_2010_03_02_012.html.

According to the report, state intelligence services have placed CPA Executive Director, Dr. Paikiasothy Saravanamuttu “at the top of” this purported list together with Mr. J.C. Weliamuna, Attorney-at-Law and Executive Director of Transparency International, Sri Lanka (TISL). Other members of CPA staff engaged in its programmes on human rights, public interest litigation and citizen journalism initiatives have been mentioned in the report as well. The report further states that persons selected for inclusion in this alleged list, the purpose of which is not clear, have been categorised “according [to] the work they do and a brief description of each individual” on the basis of an unspecified system of points.

CPA cannot independently ascertain the veracity of this report. However, in view of the fact that many of the persons identified in the report have previously been targeted by way of physical violence, death threats and misinformation campaigns, it is impossible not to register our utmost concern, in the broader context of the crisis that Sri Lanka presently faces in respect of democratic freedoms, law and order, and the rule of law.

If the Lanka News Web report is true to the effect that state intelligence agencies have been compiling a list or lists of individuals on the basis of perceived or alleged political allegiances, it is cause for serious concern in a number of ways. Firstly, in the context of the dangers faced by critics of the government including journalists, civil society activists and human rights defenders, there are reasonable grounds for fear about the physical liberty and safety of the individuals concerned. There has been no justice or punishment served by recourse to the criminal justice system in the numerous cases of killings, enforced disappearances and abductions and the entrenched culture of impunity, arbitrariness and the ineffectiveness of law enforcement have only encouraged further abuses.

Secondly, while the legal basis for collecting information on individuals without their consent is unclear, it is an invasion of the privacy of the concerned individuals protected by human rights standards established by international law, and specific conventions such as the International Covenant on Civil and Political Rights (ICCPR) binding on the Sri Lankan state, including its intelligence and security apparatus.

Thirdly, the rationale for the compilation of this list, as the title of the report suggests, is that the selected individuals are perceived by the state intelligence agencies to be “supportive of the opposition”, that is an illegitimate and unconstitutional purpose. There is a fundamental misconception that opposition to specific actions and policies by the Government is equal to support for the opposition. It is not only a fundamental democratic principle but also part of the fundamental rights declared and protected by the Constitution that Sri Lankans are entitled to the freedoms of thought, conscience, opinion, expression, association and occupation. Furthermore the conflation of the interests of the government (i.e., the political party for the time being in power) with that of the state (i.e., the people of Sri Lanka) has proved highly problematic. In the absence of illegal or criminal behaviour, the political opinions of individuals are not a national security concern, and therefore entirely outside the remit of state intelligence agencies.

Finally, we would vigorously reiterate that the CPA was formed on, and continues to function, within the framework of a consistent set of liberal democratic values which we believe to be the bedrock of a democratic, open and decent society, and to which we have been never less than wholly committed. The concept of the political, in our view, involves both inclusive engagement and critical debate in civil society, which includes non-governmental organisations as well as political parties within and without government. As our record of work since 1996 demonstrates, we will work in partnership with any person or institution on the basis of shared values. We firmly believe that it is only authoritarian governments that have reason to fear and resent, and therefore seek to control and repress civil society: a political maxim that  President Rajapakse should relate to, given his contribution to the fight against authoritarianism and oppression in the 1980s as an opposition politician, human rights lawyer, and civil society activist.

Download the full release here.

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The Centre for Policy Alternatives (CPA) was formed in the firm belief that there is an urgent need to strengthen institution- and capacity-building for good governance and conflict transformation in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. The primary role envisaged for the Centre in the field of public policy is a pro-active and interventionary one, aimed at the dissemination and advocacy of policy alternatives for non-violent conflict resolution and democratic governance. Accordingly, the work of the Centre involves a major research component through which the policy alternatives advocated are identified and developed.

For more information, please visit https://www.cpalanka.org

Amitha Priyanthi Vs Inspector General of Police (SC FR 155/10)

In March 2010 CPA further assisted in a case filed by an independent petitioner on the issuing of Emergency Regulations specifying new places of detention. The petition was filed by MullaKandage Amitha Priyanthi against the Inspector General of Police and the Attorney General. Mulla Kandage Amitha Priyanthi in the petition contended that the new regulations granted extraordinary powers to the military to handle civilians as opposed to the functions of the police or the prisons in relation to detainees under the prevalent law and that  military camps are not conducive for detention of civilians or the carrying out of interrogations or investigations. The petitioner further contended that since Sri Lanka has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment, there is no independent mechanism to ensure that the places of detention are free of torture. The petitioner further stated that these Emergency Regulations violate the protection of equality before the law guaranteed by Article 12(1) of the Constitution as well as provisions of the International Covenant on Civil and Political Rights. Leave was refused by Court in this matter.

CONTROVERSY WITH REGARD TO THE STATE MEDIA AND THE APPOINTMENT OF A COMPETENT AUTHORITY

14th January 2010, Colombo,
Sri Lanka
: It is now abundantly clear that a situation has
arisen in which the State-controlled media is acting with complete
disregard for the principles of balance and impartiality inherent to any
notion of responsible and professional journalism (which apply with
even greater force in the case of media institutions that are
publicly-owned and tax-payer funded), and in a manner that violates the
guidelines issued by the Elections Commissioner under the power vested
in him by Article 104B (5) (a) of the Constitution. In terms of Article
104B (5) (b), therefore, the Chairmen, specifically of the Sri Lanka
Rupavahini Corporation and the Sri Lanka Broadcasting Corporation, are
in breach of a legal duty imposed by the Constitution itself.

In this context, CMEV was pleased to learn that the Elections
Commissioner had first identified, then appointed, Mr. Jayampathy
Hettiarachchi (formerly of the Sri Lanka Administrative Service) as the
Competent Authority in terms of Article 104B (5) (c) of the Constitution
and the Competent Authority (Powers and Functions) Act No. 3 of 2002.
CMEV also noted that certain political programmes had in fact been
suspended due to their violation of the Elections Commissioner’s
guidelines.

However, it has been reported that at a meeting on Tuesday, 12th
January, with representatives of political parties, candidates and
monitors (including representatives of CMEV), the Elections Commissioner
had expressed his consternation, among other things, at the lack of
co-operation extended by the relevant State media institutions to the
Competent Authority, and went so far to suggest that he was considering
withdrawing the appointment of Mr. Jayampathy Hettiarachchi as the
Competent Authority.

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CONTROVERSY WITH REGARD TO THE STATE MEDIA AND THE APPOINTMENT OF A COMPETENT AUTHORITY