Northern Provincial Council Election 2013 – Communiqué No 8

21^th September 2013: 12 pm

CMEV has received complaints of a number of incidents on election day since polls opened at 7 am, including an assault, intimidation of voters, campaigning near polling stations and distribution of food items while canvassing. As of twelve noon there had been a moderate turnout in urban areas in Jaffna. However, CMEV has also received reports that there has been low turnout in other areas, including in Mullaitivu districts. In these areas voters had to travel significant distances, up to 22 km to get to polling stations. CMEV had raised this issue with the Election Commissioner who provided assurances that transport would be provided free of charge but as of 12 noon transport is very limited or not available. Specific incidents where voters have been intimidated, allegedly by UPFA politicians and the military have resulted in fear among voters in these locations.

On election day, September 21st, CMEV deployed 240 election monitors at individual polling stations in addition to 17 field monitors and 8 mobile units. All CMEV reports and communiqués and the CMEV Incidents Google Map can be accessed online at http://cmev.wordpress.com.

CMEV was formed in 1997 by the Centre for Policy Alternatives (CPA), the Free Media Movement (FMM) and the Coalition against Political Violence as an independent and non-partisan organisation to monitor the incidence of election related violence. Currently, CMEV is made up on CPA, FMM and INFORM Human Rights Documentation Centre.

Some of the main incidents include

Northern Province, No 50,Kokkupaddayam Roman Catholic Tamil Mixed School Silvavathura polling station, Mannar Electorate, Mannar District

As reported by CMEV mobile observer, Mannar district candidate of Our Nation Party, Abdul Salam Mohomad Hilmy contesting under No.01 has been allegedly assaulted by the body guards of Minister Rishad Bathiudeen near the gate of the polling station No. 50 Kokkupaddayam Roman Catholic Tamil Mixed School at around 10.30am. The victim has lodged a complaint (CIB-104-84) with the Silavathura Police at around 11.05am. The OIC of this police station is investigating the incident. The victim was taken to the Pesalai hospital for treatment.

Threat and intimidation

No. 9 Sinnapoovarasankulam G. T. M. School polling station, Vavuniya District, Vavuniya Electorate

At 9.04 am two persons had come to polling station No. 9 Sinnapoovarasankulam G. T. M. School in the Vavuniya District on a motorcycle bearing the number NP HS 7187 and been standing in front of the station for a long period of time. A group of youth at the polling station reported to the CMEV monitor who was at the site that they had gone to the polling station to cast their vote but recognised the two persons as army soldiers and therefore had not voted. The youth claimed that the two men had been there for over two hours and that many voters had come to the polling station but had turned back without casting their vote.

No. 42 Thampaddi Government Tamil Mix School (G.T.M.S) polling station, Jaffna District, Kayts Electorate

CMEV monitors received complaints from villagers in Thampaddi at around 10.05 am that the Pradeshya Saba Chairman Daniel Rexian (Rajip) who had come to the village together with a group of people (who were not from the village) had started to threaten the public near the polling station. CMEV monitors were present at polling station No. 42 Thampaddi Government Tamil Mix School (G.T.M.S) between 9.30 am – 10.00 am. While the CMEV monitors were present in the polling station the situation remained calm. However as soon as they left was when the incident took place.

CMEV has received reports that on the 19th and 20th of September this group had threatened community leaders, religious leaders and other community members who were told not to vote and to pass the message to others in the village as well. Individuals complained to CMEV that Pradeshiya Sabha Chairman Daniel Rexian from the UPFA had personally threatened them. People in the village alleged that a motorbike bearing registration number NP-VK 9353 was seen roaming in Thampaddi village area.

By around 10.00 am, out of 758 voters in Thamppaddi village so far only around 70 voters had cast their vote.

No 4, 5, 6, 7 polling stations, Jaffna District, Vaddukoddai Electorate

Members of the public in Karainagar alleged that from 7.15am onwards, in areas close to polling station No.4 of J/ Karainagar Yarlton College (Hall no. 1) ; No.5 of J/ Karainagar Yarlton College (Junior Division – Hall No.2 ) ; No.6 of J/ Karainagar Yarlton College (Hall No.2) and Polling Station No.7 of J/Karainagar Yarlton College (Hall No.3) in the Jaffna District, men in plain clothes wearing sarongs whom they suspected to be Military Intelligence were preventing the public from entering the polling stations.

Other Election Related Offenses

No. 16 Udayarkaddu Maha Vidyalayam polling station, Mullaithivu District, Mullaithivu Electorate

A CMEV monitor reported two vehicles (Jaguar bearing registration number 301-2996 and Hi-ace van bearing registration number 59-1143) marked with stickers bearing the number 8 were parked directly in front of polling station No. 16 Udayarkaddu Maha Vidyalayam. Supporters of Mullaitivu district UPFA candidate Sriskandaraja Arul Jenipod contesting under No.8 were openly distributing cards marked (X) against number 8. This incident took place in the presence of the Police around 11.00 am.

No. 22 Oddusuddan Hindu Tamil Mixed School polling station, Mullaitivu District, Mullaitivu Electorate

CMEV monitors observed around 11.00 am the unofficial transporting of voters from Periyasalampan to polling station No. 22 Oddusuddan Hindu Tamil Mixed School (3 km away from the polling station). CMEV monitors picked up cards of Mullaitivu district UPFA candidate A. Sivalingam Shatheesh Kumar contesting under No.3 from the ground where the bus was parked.

No. 8 Mallavi Central College Polling Station, Mullaitivu District, Mullaitivu electorate.

As reported by a CMEV monitor, at 11.05am inmates of Rehabilitation Centers for suspected former LTTE combatants had gathered around the Mallavi Central College and engaged in canvassing and requesting voters to vote for UPFA.

No. 15, 16, 17, 18 polling station, Jaffna District, Udupiddy Electorate

At around 11.45am, a CMEV monitor reported that TNA supporters had given arrack and cigarettes to voters who came to polling stations No 15 and 16 J/Valvai Sivakuru Vidyalaya Hall No. 1 and 2, polling stations No. 17 and 18 Valvai Mahalir Maha vidyalaya Hall No 1 and 2 and polling station No. 19 Valvai American Mission Tamil School to cast their vote for the TNA.

No. 8. Mannar Karisal Roman Catholic Tamil Mixed School polling Station, Mannar District, Mannar Electorate

As reported by a CMEV monitor in the area, since 6.25 am near the Karisal Muslim mosque, which is located close to Mannar Karisal Roman Catholic Tamil Mixed School polling station in the Mannar District, a group of supporters attached to UPFA have been distributing beef and other food provisions to the people in the area, whilst an announcement had been made through a PA system that emphasised the importance of voting for the Betel Leaf (UPFA symbol).

No.9, Mannar Pudukudiirippu Government Muslim Mixed School polling station, Mannar District, Mannar Electorate

As reported by a CMEV monitor in the area, since 6.00 am UPFA supporters have been distributing dry food provisions in Pudukudiirippu among people who were supposed to go to the Mannar Pudukudiirippu Government Muslim Mixed School polling station to cast their vote. Whilst distributing was going on people were requested to vote for the Betel Leaf (UPFA symbol).

No 47 Mannar /Arippu R.C.T.M.S. Arippu polling station, Mannar District, Mannar Electorate.

At 8.10 am, a group close to about 50 people were gathered around the Mannar /Arippu R.C.T.M.S. Arippu school gate (polling station No. 47). The gathering of people, other than voters and individuals approved by the Election Commissioner within 500m of a polling station is an election offense. CMEV monitors observed a police team arriving at the polling station and dispersed the crowd.

CMEV field monitor observed that TNA posters stating “Preference of Tamil will be TNA” was displayed at the Arippu sub post office. Posters that read “Wake up Tamils” were also pasted on walls close to the polling station. CMEV monitor also observed TNA posters of Candidate No. 5 Mr. Christhothram Vimalasegaram, and Candidate No.1 Mr. Anthony Soosairatnam Premouse Siraiva were pasted on a partition wall next to the post office.

No 31 MU/Kiri Ibban Vewa Vidyalayam polling station, Mullaithivu District, Mullaithivu Electorate

At 9.20am a CMEV monitor observed a van bearing the registration number 56-0694 transporting people to the polling station. The CMEV monitor also observed that about 200m away from the polling station around 100 or more people were gathered and about 15 motorcycles and a few other vehicles were parked around the area. At a house 200m away from the polling station a person was seated at a desk and was engaged in what seemed like preparation of a list.

No. 33 Mv/ Mavilankeny R.C.T.M.S Murungan polling station, Mannar District, Mannar Electorate

CMEV monitors observed a van bearing registration number 56-3493 transporting voters to polling station No. 33 Mv/ Mavilankeny R.C.T.M.S Murungan. The van was plastered with campaign posters of Mr. Abbas Abdul Rifkan – UPFA Candidate No 4 from the Mannar District.

No. 4 Nadakandal Government Tamil Mixed school polling station, Mullaitivu District, Mullaitivu Electorate

CMEV Monitor reported that 2 private buses appeared to be operating between a 3km distance from Nadakandal Government Tamil Mixed School. The CMEV monitor observed that no bus had come to the polling station from Moontrumpurippu (10km away) transporting voters as promised by Election Commissioner. Hence very few voters came to vote as there was no bus service available. There are 548 registered voters in Moontrupurippu. According to the CMEV monitor by 12.00 noon less than 10% voters had exercised their vote.

Pre poll incidents

Killinochchi District Killinochchi Electorate/Killinochchi Town TNA Chief Organizer Sritharan’s Party Office

It was reported to CMEV that at around 10.30pm on September 20th, Killinochchi electorate TNA Chief Organizer and Member of Parliament S. Sritharan’s Party Office was surrounded by a large number of unidentified persons including police officers in uniform. They reportedly remained there for a long period of time, so as to make the people inside feel harassed. Roughly around 15 TNA supporters had been at the office during this time. It was reported that, the incident was informed to the Police Emergency Service 119, however no action to curb the situation was taken. Around 11.15 p.m CMEV Mobile Team had arrived at the scene after which the crowd had dispersed. In an interview with Mr. Sritharan, he alleged suspects were the intelligence groups attached to the military.

Download PDF of report here.

CMEV’s map of election violations on the day of the Northern Provincial Council election is now live, and can be accessed here.

New violations will be added as and when they are verified and published by CMEV.

CMEV headquarters, 21 September, 9.30 am
Manjula Gajanayake head of operations at the Centre for Monitoring Election Violence (CMEV), speaks on the ground situation on polling day.

On 20th September 2013 / 08.10h/ Northern Province/ Mannar District/ Mannar Electorate/ Pesalai UPFA party office

As reported by CMEV monitor in the area, UPFA Mannar District candidate No 6, Mr. Robert Pieris, organized dry rations to be distributed on the night of 20^th September 2013.

On 20^th September 2013 from 6.00 – 8.00 pm : Northern Province: Jaffna District, Electorate, Chavakachchari, Kodikamam area:

Villagers from Palavi and Katchai have reported to CMEV monitors that a large number of youths are roaming these villages. The villagers reported their fear that the presence of the youths could result in electoral violence and malpractice. CMEV urges relevant authorities to take immediate action to prevent any such violence or malpractice.

On 20th September 2013/ 11.00 a.m/ Northern Province/ Jaffna District/ Manipay Electorate

CMEV received a report of posters of UPFA candidates on the sides of the following roads; Manipay Road, Uduvil Road, Anaikoddai Road, Sangilipai Road, Maradanamadam Road, Chunnakam Road. The said posters were of the following UPFA candidates;

1. Mudiappu Remidios- candidate No. 18

2. Abdul Hameed Nafman Siras Mohamed- candidate No. 04

3. Kodeswaran Rushangan- candidate No. 12

4. Nadarajah Thamilalagan- candidate No. 14

5. Naganathi Ponnampalam – candidate No. 16

New posters of the following TNA candidates were seen:

1. Iynkaranatsan Ponnuthurai

2. Tharmalingam Sitharthan

3. Emmanuel Arnold

There were also fresh posters of Democratic National Alliance (DNA) candidates, mainly down the Uduvil Road. The candidates are:

1. Senathirajah Krishnakumar

2. Kankaratnam Loganathan

3. Sivasunthari Manokaram

Additionally it was noted that the deployment of army personnel has increased noticeably. The increase of military personnel was visible along the following roads: Manipay/ Jaffna Main road, Sangilipai Main road, Savalkaddu road and, Anaikoddai road. It was stressed that members of the military moved freely and frequently on the said roads, thus making the presence of the army felt more strongly.

On 19^th September 2013 at 12.30 pm in Northern Province, Jaffna Electoral District, Kangkesan Thurai Electorate.

CMEV monitor reported that he went to Arasadi Road, Kollangalati, where he witnessed military personnel using black oil to deface posters of all candidates. Thereafter no posters were visible in the area. Whilst the military was so engaged, vehicles (registration No NP KW 1603 and CP PE4685) belonging to UPFA candidate Shiras and with posters of the candidate displayed on them, were seen at the same place.

On 19^th September 2013 at 12.53 p.m: Northern Province Jaffna Electoral District, Odupidi Electorate.

As reported by a CMEV monitor in Odupidi, from the 10^th of September 2013 a significant military presence has been observed in the area. On the main roads of Odupidi and on by roads, a significant number of military personnel have been deployed.

19-09-2013/ 20.00h/ Northern Province/ Mannar District/ Mannar Electorate/ Tharapurram

As reported by CMEV monitor in the area, villagers from Vellankulam and Ganeshapuram were transported from these villages to Tharapuram by UPFA supporters and given dry rations. It was noted further that the villagers were transported in 3 CTB buses. The CMEV monitor further confirms that the distribution of dry rations was organized by UPFA candidate No. 4, Mr. Abbas Abdul Rifkhan.

19-09-2013/ 20.15h/ Northern Province/ Mannar District/ Mannar Electorate/ Pesalai

As reported by CMEV monitor in the area, UPFA supporters were provided with dry rations to be distributed amongst the people of the 4^th and the 8^th housing colonies of Pesalai. Currently the dry rations are stored at the residences of two of party supporters identified as Rani and Stephen whose full names were not revealed for security concerns. They live down K. V. Road, Pesalai. The rations are to be distributed on the night of the 20^th.

19-09-2013/ 23.15h/ Northern Province/ Mullaithivu District/ Mullaithivu Electorate/ Muliavilai

It was reported that an election meeting of the UPFA candidate Mr. Sivalingam Sathish Kumar contesting under number 03 in Mullaithivu district, was held at the garden premises of a UPFA supporter Mr. Thiyagaraja Arulvendan near the Katta-Vinayagar Kovil (Hindu temple). About 35-40 persons have attended the meeting. A villager, Mr. Kanapathypillay Dushyanthan of Mulliyawallai Central, Mulliyawallai informed CMEV about the meeting. He stated that the meeting had started around 10 pm and by the time he had called CMEV, around 11.15pm, the meeting was still going on.

19-09-2013/ 23.17/ Northern Province/ Mannar District/ Mannar Electorate/ Mannar town, Tharapurram, Puthukkudiyairuppu

As reported by CMEV monitor posters of the following UPFA, TNA, UNP and SLMC candidates, respectively were put up in the aforementioned areas:

UPFA

1. Candidate No. 04 Mr. Abdul Abbas Rifkhan

2. Candidate No. 06 Mr. Robert Pieris

TNA

1. Candidate No. 03 Mr. Irudayanathan Charles Nirmalanathan

UNP

1. Candidate No. 02 Mr. Abdul Kaseem Rahumathulla

SLMC

Candidate No. 08 Habib Mohamed Rayees

The aforementioned posters appeared mostly in the following areas: Karisal, Olaiththuduwai, Puthukkudiyairuppu, Thottaweli, and Tharapurram

19-09-2013/ 23.53h/ Northern Province/ Vavuniya District/ Vavuniya Electorate/ Cinna Cippikulam, Cheddikulam

As reported by CMEV monitor, UPFA candidate No 7, Mr. Mohideen Kani Sego Munajithu and around 8 to 10 supporters of the UPFA have done house-to-house visits and handed cash to residents in the Cinna Cippikulam village within the Cheddikulam DS Division in Vavuniya. The report also indicates that the campaigning was carried out in the vehicle bearing registration number NP-JP 7100.

20-09-2013/07.39h/ Northern Province/ Jaffna District

UPFA candidate Mr. Angajan Ramanathan still continues his campaigning via short messaging system, conducted through a message centre identified by the number +46701326101. This was reported by a CMEV monitor who received the text message.

Download PDF here.

Mr. Mahinda Deshapriya,
Commissioner of Elections,
Elections Secretariat,
P.O. Box 02, Sarana Mawatha,
Rajagiriya, 10107.

18th September 2013

Dear Sir

Request to Make a Public Statement Ensuring the Secrecy of Ballots Cast in the Forthcoming Provincial Council Elections

As you are aware, there have been several reports of incidents of voters being told by various individuals that ballots cast at the forthcoming election- including party preference and candidate preference – can be traced. This practice has been especially prevalent in the Northern Province and specifically in remote villages such Thirunagar, Barathipuram and Selvanagar in the Killinochchi District.

Ensuring the secrecy of ballots is an essential prerequisite for the conduct of a free and fair election as it minimises the possibility of voters being influenced. As you will appreciate in the context of allegations of voter buying and intimidation, ensuring that individuals are able to cast their vote freely and without compulsion is of paramount importance.

As such, we call on you to make a public statement to the effect that ballots are specifically designed to prevent anyone from linking a specific voter to a ballot and that there is no possible way for another person to decipher to which political party and candidate(s) a particular person cast his/her ballot.

We urge you to request heads of all print and electronic media institutions- including state owned media institutions- to give to such statement the widest possible coverage in both the Sinhala and Tamil languages.

We will be releasing this letter to the media in the public interest.

Please be assured of our cooperation

Thanking you

Yours sincerely

Dr. Paikiasothy Saravanamuttu – CMEV

Mr. Rohana Hettiarachchi – Paffrel

Mr. Keerthi Tennekoon – Caffe

Mr. Shan Wijetunge – Transparency International, Sri Lanka

Download PDF here.

20th September 2013

Summary:

There is widespread disillusionment with the election process, which may lead to low voter turnout. Unacceptably long distances to polling center’s will deter others, since even where buses are being provided these services will be minimal and are not free. The Election Commissioner’s Office is doing its best under difficult circumstances but is handicapped by an outdated system in need of reform, compounded by inadequate funds. Yet, the systematic misuse of state resources, notably of the Ministry of Economic Development, to benefit pro-government candidates, and the deliberate violation of election law through combining development activities with election campaigning have irreparably flawed the democratic process in Mullaitivu District. Military interference in the electoral process is mostly indirect, though incidents of coercion to attend meetings of UPFA candidates have been reported.

Description:

• The general view of voters is that this election has no real meaning in the present context because (a) their basic needs of livelihoods, land and freedom from fear and control have not been met, and (b) the Northern Provincial Council will have no autonomy, with “the Chief Minister serving as a messenger of the Governor, who in turn is the messenger of the President.”
• A campaign of deliberate disinformation has been carried out by vested interests to convince rural voters that (a) voting against the Government will only result in cessation of all development activities because funds will not be released by the central government, (b) the Government (and military) will be able to find out which party and candidate each person voted for, and there will be serious consequences as a result, and (c) the (Supreme) Court has ruled that the TNA will be disqualified so all votes for them will be worthless. On the positive side, the Election Commissioner’s Office has conducted voter education workshops in each of the 136 villages, and has reassured voters. However, Minister Basil Rajapaksha’s most recent statements that development initiatives will be jeopardised if the TNA wins has further fuelled voters’ fears.
• Transportation to and from polling centres is a serious issue for many voters in the district. At least 3500 voters will have to travel over 5km to reach their respective polling centres. The furthest distance is from Amaithipuram, where voters live 24km away from the Puthvedduvan School where they are expected to cast their ballots. The Elections Commissioner’s Office has arranged for a single bus each for 10 of the worst-affected areas, but voters will have to pay the bus fare. Others may have to walk up to 4km each way in the blazing to participate in a process in which they have little faith.
• The lack of identity cards is a concern for some voters. CMEV has been reliably informed that a significant percentage of the approximately 500 voters in Kuravil in the Pudukudiyirippu DS Division may not have valid IDs. In addition, some recent returnees who have only their Manik Farm identity cards will not be able to vote. Also, since the 2012 list is being used, a significant number of current residents whose names are only on the 2013 list will not be eligible. In Pudukudiriyippu DSD alone it is estimated that around 1000 persons have lost their voting rights as a result.
• The systematic misuse of state resources and direct violation of election law to benefit UPFA candidates are as serious as to mar the electoral process irrevocably. The Ministry of Economic Development is the main culprit. UPFA candidates who are former senior employees of the ministry serving at Deputy Project Director level have access to Ministry vehicles and staff for campaign work. 172 Samurdhi Development Officers were hired in the district in violation of election law, and their role in the current context is clear. In addition, 150 CPRs hired under the Re-Awakening Project, it is widely alleged, actively support the UPFA campaign at the village level.

• A blatant example of such abuse is the handing over of 110 (or 500, the number varies depending on the government source!) houses by the Hon Minister of Economic Development to residents of Helambawewa on 18 Sept 2013. While the Mahaweli Authority, the NHDA and other government departments were involved, and the event itself was staged adjoining the Helambawewa Army Camp with full military (and MI) presence, the stage was decked in blue with blue flags everywhere. Villagers were provided with lunch packets after the meeting which clearly took on political tones and referred explicitly to the NPC elections. CMEV spoke to two separate groups of women going home with their lunch packets, and their common response [in Sinhala] was “We are coming from the Betel Leaf meeting.” One woman added, “They want us to vote for them, and we will, but now we have to walk a long way back home.”

• Military and Police support of UPFA candidates was blatant. In Mullaitivu town the main UPFA candidates’ office is next to the Mullaitivu SP’s Office, and they are allowed to keep large cut outs, posters and banners on the road even after all campaigning has stopped. Police is deployed at UPFA rallies and tamashas, such as the musical show sponsored by UPFA candidate Satheesh Kumar in Pudukudiriyippu on 18 Sep 2013. Other parties too violated the end-of-campaign regulation, for instance the Muslim Congress held a meeting at Mulliyawalai on 19 Sep 2013.

However, the overall picture of the Mullaitivu District is one in which the UPFA candidates are free to violate any and every regulation with impunity. On 19 Sep 2013, CMEV observed UPFA candidate No 6 campaigning in Mullaitivu town itself.

• The military’s involvement is generally less direct, but their control is pervasive. CMEV spoke to a group of women who complained that the Army at Thanneeroottu had asked them to attend a rally organised by UPFA candidate Satheesh Kumar, saying that they will be given loans. Many had gone even by three-wheeler and come away disappointed. Fear of repercussions prevent people from even commenting on the military, but it is agreed that, in relation to the election, the situation is better than in Jaffna.

Download PDF of report here.

On 20^th September 2013, Chulipuram, Vadukkodai Electorate, Jaffna District, Northen Province. As reported by CMEV Field Monitor, the residence and campaign office of Ananthi Sasidharan (TNA Candidate No1– Jaffna District) in Tholipuram in the Chulipuram area was attacked, allegedly, by a group of military personnel at around midnight on 19^th September. Some of the attackers were reported to have spoken in Sinhala and were also identified to CMEV as military personnel, on account of their clothing. Nine (09) persons including lawyer Sugash who went to assist the victims, were injured in the incident. Ms Sasidharan was able to escape the attack with her children. When CMEV contacted the Jaffna Police Headquarters around 12.45am, the Police told CMEV that they were not aware of such an incident and directed CMEV to the Vadukkodai Police. However once CMEV contacted the Vadukkodai Police around 01.05am, they said that they had been told that the Chulipuram area is not in their division. However when contacted again, the police informed CMEV that a team of police officers had been deployed to the location. As at 8am, the police also informed CMEV that no official complaint of the incident has been lodged with them. CMEV is particularly concerned about the alleged involvement of the military as the perpetrators of this attack. Throughout the campaign, there have been a number of allegations of threat and intimidation of voters and electioneering on behalf of particular candidates by military personnel in uniform and by Military Intelligence and Civil Defence personnel. Since the campaign concluded at midnight on Wednesday 18 September, the number of such incidents reported to CMEV has increased CMEV unreservedly condemns any military involvement in the electoral process- the basic mechanism of choice and change in a functioning democracy. Such involvement seriously undermines the integrity of the process and in the context of this election, gravely undermines reconciliation and unity in the country. CMEV calls upon the Election Commissioner and all relevant authorities to ensure that this involvement ceases and that all allegations in respect of incidents of violence and malpractice are investigated and the culprits brought to book. The protection and the strengthening of the institutions and processes of electoral democracy in the country, demand no less. Download PDF of report here. Download PDF in Tamil.