Pre-Election Monitoring and Observation Report: North Central and Sabaragamuwa Provincial Elections - 2008
by CaffeIntroduction
(August 22, Colombo, Sri Lanka Guardian) As an election observing and monitoring organization recognized by the Commissioner of Elections the Campaign for Free and Fair Elections (CaFFE) has been observing and monitoring the Pre Election period of the North Central and Sabaragamuwa Provincial elections from the 24th of June 2008 until the 19th of August 2008. This report has been prepared with the aim of presenting the pre election monitoring observations that CaFFE has made during these days of operation. (Image: Berty uses state vehicles with fake number plates unabated for his campaign)
The Campaign for Free and Fair Elections has the following observations to make about the Pre election period in the North Central and Sabaragamuwa Provincial Council Elections:
A majority of complaints have been made by the United National Party (UNP) and the Jantha Vimukthi Peramuna (JVP) against the United Peoples Freedom Alliance (UPFA). In most cases the police have not carried out their duties in a transparent and impartial manner against the perpetrators of such incidents.
A climate of fear has been created in the Polonaruwa District by the presence of an armed group that has intimidated the JVP and the UNP. This armed group acts within a culture of impunity and has created a fear psychosis among the Tamil speaking Muslim and Tamil communities in the Polonaruwa District in a situation similar to that of the Eastern Provincial Election.
The neglecting of duty by law enforcement authorities has resulted in the retaliatory nature of attacks in the pre election period creating a climate in which intimidation, violence and groups of political party supporters operate in a violent environment, detrimental towards holding a free and fair election.
CaFFE has received Eighteen (18) complaints in which it can confirm that 112 state owned vehicles have been misappropriated for election purposes.
CaFFE observes that state owned tourist bungalows and official residences have been used as political party election offices by the ruling party in the guise of using it for official government purposes. There have also been reports that the services of public servants have been misappropriated for the election campaigning purposes of the ruling party.
CaFFE observes that the utilization of state resources and thereby public funds by one political party for election campaigns during the pre-election and election period not only gives that party a unfair advantage over other political parties but it also leads to unjust political enrichment.
CaFFE observes that the climate of intimidation prevalent in the Polonaruwa district, the climate of retaliatory violence prevalent in the Anuradhapura, Rathnapura and Kegalle districts, the rampant use of state resources towards election campaigns giving the ruling party an unfair edge over other parties coupled with the distorted interpretation of election law has created the climate for a North Central and Sabaragamuwa provincial election which will not be free and fair.
CaFFE’s Mission Objective, Role and Basic Values
The Campaign for Free and Fair Elections (CaFFE) is a people's organization consisting of civil society groups, lobbying groups, religious groups, trade unions, political parties and opinionated individuals coming together to Campaign for Free and Fair Elections. Our election monitors consist of individuals who are from Sinhalese, Tamil and Muslim communities and from various religious groups. CaFFE was created to replace supposedly independent organizations which have now lost their impartiality and therefore lost their credibility as unbiased election monitoring organizations. CaFFE is an organization with multi-partiality at its core foundations and with a long term vision to hold up Democratic values in society.
CaFFE has district coordination centers at each district where elections are being held and trains election observers and monitors who volunteer to serve during elections periods. Operating using a provincial level framework CaFFE monitors and observers consist of individuals from within election districts as well as from outside these districts. Our members come from political party headquarters, district and electoral offices, community level organizations and a collection of individuals who wish to become Democratic empowered thus making CaFFE an in-depth and well embedded local level network of election monitors and observers. The primary aims of CaFFE's election monitoring agenda is to identify incidents involving the violation of election law violations and to also determine whether there was a conducive atmosphere for citizens to cast their vote during an election in a free and fair manner. It is the duty of CaFFE and our election observers to impartially report on these incidents without casting a prejudicial opinion to any party or group that violates election laws and disrupts law and order conditions. Importantly, not reporting 'baseless rumors' is one of the main principles of CaFFE monitoring therefore we always cross examine and use multiple sources to determine the authenticity of any election violation that is reported to us. To ensure that we monitor the atmosphere that the election is conducted in we give equal importance to Pre election monitoring and 'on the day' election monitoring.
The North Central and Sabaragamuwa Provincial Election
During the North Central and Sabaragamuwa provincial pre election period CaFFE monitored and observed the Anuradhapura and Polonaruwa Districts of the North-Central Province and the Rathnapura and Kegalle Districts of the Sabaragamuwa Province. Using CaFFE's own election monitors and observers and by working very closely with a network of election monitoring and observing organizations during this pre-election period CaFFE has gathered a substantial amount of data in relation to the pre election conditions of this election. Using the gathered data this report will analyze whether there was a atmosphere or environment conducive to conduct a free and fair election during the pre election period. To accomplish this objective this report uses Four (4) facets. These are:
1) Whether law and order prevailed during the pre election period in election areas?
2) The manner in which state resources were utilized during the pre-election phase.
3) The manner in which state media was utilized for pre election campaigning.
4) Whether election laws were properly adhered during the pre election period?
Answering these four questions using qualitative and quantitative data will be the objective of this report. Using these four facets and the data gathered by CaFFE observers and monitors this report will determine whether the pre election phase of the North Central and Sabaragamuwa Provincial elections of 2008 was conducive towards a free and fair election. This report will now give a summary of each facet and the data gathered to achieve this aim.
1) Whether Law and Order Prevailed during the Election in the
Election Areas
CaFFE received 73 assaults, 44 complaints of intimidation and 39 attacks on party property coming to a total of 156 incidents in relation to election violence. There are a further 20 incidents in relation to vehicles being damaged. Displayed below is a breakdown of the total number of complaints CaFFE received during the pre election period.
CaFFE observed and monitored the following conditions and issues according to theincidents reported to CaFFE:
CaFFE's first observation on this regard concerns the failure of law enforcement officials to deal with election law violation and election violence related incidents. All election violations are supposed to be reported to the respective police stations and police personnel in each respective area. While there were some positive developments such as special police officers being appointed in the relevant police stations to look after election incidents and the judiciary also taking some tough decisions on regard to election violations, CaFFE observes that law enforcement officers have failed in their duty to bring the perpetrators of election law violations and crimes to justice. In this scenario CaFFE's observes that individuals and political parties who have been subjected to election violence have been continuously making complaints to law enforcement officials. While CaFFE has observed that opposition parties have been reporting violations and crimes against them in the Anuradhpura, Polonaruwa and Rathnapura districts, the police have not been able to address these issues. Hence, although there are complaints the perpetrators of violations have not been brought to justice in all Four (4) electoral districts. Furthermore there are instances in which the police have displayed partiality towards the ruling party while making election violation related inquiries. CaFFE has received Fifteen (15) complaints against the police.
Secondly, in contravention to fulfilling justice CaFFE observes that there have been complaints against law enforcement officials. CaFFE has received Fifteen (15) complaints against the police in relation to the elections (Anuradhapura - 05, Polonaruwa - 07, Rathnapura - 06 and Kegalle - 09). These complaints are in relation to wrongful arrests, the police blocking and intervening in lawful meetings and incidents when law enforcement officers have shown partiality towards the ruling party.
Thirdly, there has been an unprecedented rise in the level of violence during the pre election period due to the retaliatory nature of attacks in the Anuradhapura, Rathnapura and Kegalle Districts. While in the Polonaruwa district the presence and actions of one armed group has intimidated voters and political parties alike. CaFFE observes that these conditions are not conducive towards a free and fair election in all Four (4) districts.
CaFFE's Fourth pre election observation in is in relation to an armed group operating in certain parts of the Polonaruwa District. CaFFE observes that it has received a complaint regarding Fourteen (14) paramilitary camps operating in the Polonaruwa District area. These camps have allowed paramilitary cadres to operate inside established police sentry points. CaFFE has received complaints that these groups have been responsible for intimidating the Tamil speaking Muslim and Tamil communities in these areas subjecting them to intimidation and creating a fear psychosis among them. This is very similar to the climate that existed during the Pre Election period of the 2008 Eastern Provincial election.
The lack of investigative aptitude and motivation displayed by the relevant authorities towards bringing the perpetrators of election law and election violence to justice coupled with the impunity offered to the perpetrators of election law violations and election violence in the North-Central and Sabaragamuwa Provinces has resulted in political parties losing faith in the law and order mechanism in these regions. Hence, they have taken matters into their own hands and a 'retaliatory nature' of election law violations and violence has developed in the North Central and Sabaragamuwa Provincial pre election period. Furthermore, this situation has been detrimental towards the rights and mindset of the voter to enjoy his or her sovereign right to vote without being subjected to a situation in which the law and order mechanism has broken down and political parties are violently attacking each other. Overall, CaFFE observes that the neglecting of duty by law and order officers and the subsequent retaliatory nature of attacks in the pre election period has created a climate in which intimidation, violence and groups operating in a culture of impunity have taken precedence becoming detrimental towards holding a free and fair election.
2) The manner in which State Resources were utilized during the Pre Election Phase
*CaFFE observes much more incidents concerning the misuse of state property reported in media then the complaints presented above.The Campaign for Free and Fair Elections has received 21 complaints in relation to the misuse of state resources during the pre election period. A majority of complaints in relation to the misuse of state resources has been in relation to the usage of state vehicles for election campaign purposes. CaFFE has received Eighteen (18) complaints in which it can confirm that 112 state owned vehicles have been misappropriated for election purposes. Recently, the Anuradhapura and Kegalle Districts have seen a numerical increase in the usage of state vehicles for ruling party election purposes such as transporting party supporters to campaign venues, displaying the symbols of candidates on state owned vehicles and the usage of unmarked vehicles to carry out election work.
In relation to the usage of government properties CaFFE has received Three (3) complaints in the pre election period. In relation to this CaFFE observes that state owned tourist bungalows and official residences have been used as political party election offices in the conducting of election campaigns. This is especially prevalent in the Anuradhapura District. CaFFE has also received complaints regarding the utilization of public servants for election purposes. CaFFE has also received several complaints in relation to UPFA politicians promising developmental aid during election campaigns to distort voter perspectives.
The utilization of state resources and thereby public funds, and 'promises' made by ruling party politicians promising state resources to voters in such a manner by one political party for election campaigns during the pre-election and election period gives that party a unfair advantage over other political parties and it also distorts voter perspectives. This is a violation of election law.
3) In what manner was the Media utilized for Election Campaigning
The Campaign for Free and Fair Elections has gathered a comprehensive amount of data on regards to the usage of print and electronic media for media campaigning. CaFFE observes that while state media has been utilized mainly for the election campaigning purposes of the ruling party, private media has been utilized by opposition parties for their propaganda purposes. Furthermore, CaFFE observes that while state media propagates the perspective of the ruling party, private media institutions present election related news in a manner which only presents facts and not a perspective regarding these facts. CaFFE will release a comprehensive stand alone report concerning the utilization of media for election campaigning during this election.
4) How election laws were observed during the election
The following table displays definite incidents in which election law was specifically violated:
CaFFE observed the following violations of election law during the pre-election period:
a) There were incidents of forging and impersonation during filing of nomination papers in the Polonaruwa district and the Rathnapura District (Identity card numbers were different).b) The operating of an armed group in the Polonaruwa District has a fear psychosis which disturbed the campaigning activities of the opposition candidates. Furthermore, CaFFE has received complaints that clearly indicate that this group has been attempting to distort the voter perspectives of the Tamil speaking Muslim and Tamil communities in the areas that they operate within. No action has been taken against this group.
c) The inaction of law enforcement officials in the Anuradhapura, Rathnapura and Kegalle District's has resulted in a violent climate in which opposition political parties must now fight violence with violence. This has resulted in an escalation of violence in these districts.
d) Although it is prohibited to conduct processions, pickets and public gatherings after the nomination dates, CaFFE observed that during the pre election period under the pretext of social and religious purposes several parties conducted processions and public gatherings in support of campaign purposes.
e) It is prohibited by election law to provide any State preferences or favors in order to get votes. However, it was observed by CaFFE that various parties used various methods, especially state resources to get votes.
f) The use of state owned vehicles for election campaigning purposes by political parties is the single highest type of complaint received in relation to the misuse of state resources. In addition to this the promise of state developmental aid by politicians during political rallies to sway the mindset of voters was a glaring example of the 'manipulative' violation of election law.
g) The fact that political parties have sent detailed reports regarding the 'possible areas' in which election violence and malpractices indicate that the violent climate in which the pre election period is characterized by in this election may continue to escalate into the election period.
Recommendations
The Campaign for Free and Fair Elections (CaFFE), based on the reports that it has received during the pre-election period recommends the following steps during the pre-election period to improve the probability of hold a free and fair election.
In relation to the reporting and categorization of election violence incidents CaFFE recommends that the Election Commissioner in consultation with political parties and election monitoring organizations should introduce a comprehensive definition criteria in relation to the gravity (high impact / low impact) of incidents involving election violence.
Concerning the utilization of state resources such as public property, state vehicles, state officials, Ministerial and Departmental resources by government ministers and the Executive during the course of the pre election period in election areas, the relevant commissions must be able to clarify instances when public property can and cannot be used by Ministers and the Executive for political party purposes. There should be a deep analysis and a conclusive set of proposals by governmental commissions into the criteria and definitions that should be employed on this regard.
The directives of the Election Commissioner and the Judiciary in relation to election violations related incidents must be carried out by law enforcement officials. Civil and Election law must not be discarded due to political partiality. All should be treated equally before the law when Democracy is at its most fragile stage during a election. The police are bound by the law to act, if they do not act, their inaction is a violation of the law and legal action must be taken against them.
The actions of the Election Commissioner in granting different election monitoring organizations different powers; for example the granting and not granting of allowing election monitors access into polling booths has created a disparity among election monitoring organizations. The present method of choosing these powers is at the discretion of the Election Commissioner, hence CaFFE recommends that the Election Commissioner introduce a set of fundamental requirements to become a accredited election monitoring organization.
- Sri Lanka Guardian
Post a Comment