Presidential Election 2010: Media Communique No. 18

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All election monitoring organizations as well as other concerned
civil society groups have voiced their grave concern over the escalation
of election related violence, the misuse of state property and the
flouting of the authority of the Election Commissioner.   The latter is
especially disturbing following the decision of the Commissioner to
withdraw the Competent Authority he appointed in respect of state media
institutions and the frustration he has repeatedly expressed over the
consistent disregard of his directives.

CMEV reiterates these concerns and highlights the adverse impact
electoral violence, abuse of state resources and violations of election
laws have on the integrity of the electoral process.  Given its mandate,
CMEV is particularly concerned with the escalation of violence in the
last week and the likelihood of more violence in the immediate lead up
to polling day and on polling day. This follows a pattern set in
previous elections in which the last week of the campaign records a
spike in the incidence of violence, which could persist into polling day
as well.

The nature and level of violence in this election can be gauged from
the following profile and comparison with the last two presidential
elections in 1999 and 2005.

In this election campaign, CMEV has of 19 January 2010 recorded a
cumulative total of 667 incidents of election related violence of which
294 incidents or 44% have been categorized as Major.  In the 1999
Presidential Election campaign the percentage figure for Major incidents
was 48 and in the 2005 election the figure was 37%.

In this election so far 95 or 32% of the Major incidents have
involved the use of firearms.  The corresponding figures for the 1999
and 2005 elections are 31% and 20% respectively.  It should be noted
that the figure for this election is higher than that for the 1999
election, which was held in wartime.

This election has recorded 05 Murders, 78 incidents of Assault and 81
of Threat and Intimidation as of 20 January 2010.  As a percentage of
the total of Major Incidents this works out to 1%, 26% and 27%
respectively.

In the 1999 election the percentage figure for Assaults was 41% of
Major Incidents and in 2005 it was 45%.  Corresponding figures for
Murders and Threat and Intimidation in the 1999 and 2005 elections are
6% and 19% in 1999 and in 2005, 2% and 10% respectively.

The district wise profile of the 294 Major incidents recorded is
as follows:

Hambantota– 27 or 9% of the total of Major incidents

Kurunegala district 25 or 8%

The Galle district follows closely behind with 19 incidents, Colombo
and Anuradhapura districts come next with 18 incidents each.

In the 1999 election, district wise the total of 712 Major incidents
broke down as follows:

Kurunegala – 97 or 13%

Colombo – 94 or 13%

Anuradhapura – 63 or 8%

District-wise corresponding figures for the181 in 2005 are as
follows:

Digamadulla – 24 or 13%

Gampaha -19 or 10%

Puttalam– 17 or 9%

Given the rise in election violence in this, Sri Lanka’s first
post-war election, CMEV calls on all concerned, especially the two main
candidates and their supporters to act immediately to ensure the
integrity of the electoral process and the credibility of this election.

Presidential Election 2010: Media Communiqu? No. 17

As of 19th January 2010, CMEV
has confirmed a cumulative total of 658 incidents of election related
violence of which 295 incidents have been categorized as Major. Of
these, 5 incidents are Murders, 5 are Attempted Murders, 78 are Assault,
81 are Threat and Intimidation, 30 are Grievous Hurts, 35 are Hurts, 36
are cases of Misuse of State Resources and 12 are Robberies and 13 are
Arsons. The total number of incidents involving the use of firearms is
95. In addition, 363 incidents have been categorized as Minor.

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GRAVE CONCERNS FOR A FREE AND FAIR PRESIDENTIAL ELECTION AND THE RULE OF LAW

GRAVE CONCERNS FOR A FREE AND FAIR PRESIDENTIAL ELECTION AND THE RULE OF LAW

20th January 2010, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by the developments this week that suggest the remainder of the election campaign and the presidential election itself would not be conducted according to the legal procedures and limitations established by the Constitution and the law.

The Commissioner of Elections appears to have given up on his attempts to enforce the law in terms of his powers under the Seventeenth Amendment. He has withdrawn the Competent Authority appointed to regulate the state media institutions due to the refusal of those bodies to implement the directions of the Competent Authority. He has also publicly stated that he would not be issuing any more directions to the Police, because his directions are not being followed. On other matters regarding the misuse of public property, in particular over the misconduct of the Telecommunications Regulatory Commission, the Commissioner has not taken any demonstrable measures.

We unequivocally maintain that the failure and/or refusal of public officials and other persons to follow the directions of the Commissioner and the Competent Authority is a clear breach of a legal duty imposed by the Constitution. That such officials feel able, by refusing to act according to the directions of the Commissioner, to violate the Constitution and election laws illustrates the contempt and disregard with which the Rule of Law is held in Sri Lanka today.

However, we also state that the Commissioner himself is under a constitutional duty to duly exercise his powers under the Seventeenth Amendment, notwithstanding any pressure brought upon him or in the face of non-cooperation from public officials. We note that the Commissioner has recourse to the writ jurisdiction of the Supreme Court to have his directions enforced in this regard; a course of action he has chosen to ignore. The result is that an undesirable perception is created that the Constitution and the law can be broken or disregarded with impunity. Moreover, more transparency and public information from the Commissioner’s office would have helped the Commissioner by generating public support for his endeavours.

In the context of a keenly contested election in which there is a rising trend of violence and the possibility of widespread election malpractice (including serious unresolved problems and public confusion over voter registration, electoral lists, voter identification and other matters), it is critical that the powers of the Commissioner are not neutralised in any way.

A free and fair election according procedure established by law is in the interests of all the citizens of Sri Lanka. It is also in the interests of those contesting this historic first post-war presidential election that there is no scope for question of the integrity of the electoral process and the legitimacy of the outcome. This election is a litmus test of our continuing commitment to democracy and the Rule of Law. It is also the basis of our commitment to post-war peacebuilding and reconciliation.

CPA therefore asks the Commissioner of Elections to exercise his powers without fear, that public officials discharge their duties impartially and according to the law, and requests the candidates and their supporters to desist from conduct that is against the law or inimical to democratic values. We also call upon voters to actively condemn instigators of election violence and malpractices, irrespective of party affiliation, in order to ensure an electoral process and outcome more reflective of essential democratic values shared by all.

Presidential Election 2010: Media Communiqu? No. 16

This update released 18 January 2010.

North Western Province

Grenade Attack and Murder in Kurunegala

CMEV has learned that at approximately 7.30pm this evening, Mr. D.M.
Suranga Indrajith (27), the diver of Minister of Health Promotion &
Disease Prevention Mr. Jayaratna Herath, was killed during a grenade
attack on the UPFA party office located in Vanduragala, in the vicinity
of the home of Minister Herath. According to the Director of the
Kurunegala Hospital Dr. N.D.S. Rajamanthri, Mr. Indrajith was pronounced
dead on arrival at the hospital. She stated that she had seen a wound
on the victim’s chest, but that she did not examine the body any
further. Dr. Rajamanthri added that the postmortem should be concluded
by 7.00am tomorrow morning. Kurunegala Consultant JMO Dr. H.M.K.
Senanayake when contacted, told CMEV that the Magistrate’s inquiry into
the death had not yet been conducted, and that he was presently awaiting
the Magistrate’s report.

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