Despite numerous efforts, the issue of expat voting rights in Sri Lanka has not gained the necessary momentum. It remains overlooked by "Rights Organizations," “Election Monitoring NGOs,” “Political Parties,” the “Election Commission,” and political pundits.
by Mohamed Ajiwath
The gazette for the 2024 Presidential Elections has been published, and political actors are busy preparing for nominations, negotiations, strategy-making, and campaigning. Businesses are looking to support their most favourable candidate. Political analysts are busy listing their wish lists and some are predicting who might win or lose. Journalists are having field days, getting busy promoting their perspectives of the prospective candidate(s). The public is getting ready for the mega entertainment without properly understanding the impact and implications their vote may have on the future of this nation. These activities remind us that Sri Lanka is a democratic nation.
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Everyone is getting busy playing their roles. However, a very large segment of the Sri Lankan population, primarily living overseas to provide food and better living conditions for their families and loved ones in Sri Lanka, are denied their voting franchise. In the majority of cases, such worker migrations are not necessarily a choice but rather imposed due to the economic situation in Sri Lanka. During the economic disaster we faced, the expats’ contribution by way of foreign exchange not only assisted in salvaging the economy but also continues to assist in the long-term prosperity of the Sri Lankan nation.
A million-dollar question to ask is why the fundamental and basic rights of migrant workers’ voting rights continue to be denied?
Statistics
As per the Central Bank’s available statistics, the total population of Sri Lanka is 22.2 million (2023). Out of which approximately 16.8 million (2023 – Election Commission Data) are registered voters. Among these registered voters, approximately 2.0-2.5 million are migrant workers. (Note: The author is unable to obtain accurate statistics of the cumulative net migrant population of Sri Lankans with Sri Lankan or dual citizenship). As such, we can expect 12.5% to 15% of eligible voters are denied their universal franchise simply because they have (temporarily) migrated to other countries for the purpose of employment, education, or other reasons.
Universal Franchise and Elections
The right of all qualified citizens, irrespective of their race, religion, language, ethnicity, caste, education, ownership of wealth, birth, place of birth, gender or any other difference, to participate in the administration of the country and/or to elect their representatives is the essence of universal franchise. That is, the universal franchise confers sovereignty on the people. In other words, the right to make decisions about oneself and about the country is vested in the citizen. In monarchical systems of government, the decision-maker on these aspects was the king. The foundation of republics based on democratic principles after changing monarchies was the universal franchise. The bridge for the people to join with public administration is the universal franchise.
Historical Perspectives
The quest for expat voter rights has a long history in the world. Some countries have given voting rights to soldiers as far back as 1862 (USA) and 1918 (UK). In due course, these rights were extended to the public. As of today, there are more than 141 (or 120) countries (depending on different sources) that allow various degrees of voting rights for their citizens living overseas. Unfortunately, in the SAARC region, we do not have exemplary examples for expat voter rights. Pakistan offered voting rights but reversed them in 2022. India does allow Non-Resident Indian (NRI) voting rights albeit with many restrictions. The East Asian countries (Singapore, Malaysia, Philippines, etc.) do allow expat voting rights.
Status Quo
Despite many efforts, the expat voting rights issue in Sri Lanka has not gained the momentum it deserves. It is an irony that like many other rights issues, the expat voters’ rights issue was never popular nor given the importance it deserves by the so-called “Rights Organizations,” “Election Monitoring NGOs,” “Political Parties,” “Election Commission” or even political pundits.
While there is an “Overseas Voters Registration – Testing” provided on the Election Commission website, the facility is only at the preliminary testing stage and may not be implemented for forthcoming Presidential/Parliamentary Elections. Executive Director of People’s Action for Free and Fair Elections (PAFFREL), Rohana Hettiarachchi, reveals that his organisation has been lobbying for a voting system for Sri Lankans overseas for the past decade. However, there has been no progress, but now there is growing interest in its implementation. Hettiarachchi stated that the introduction of overseas voting might not occur in the upcoming elections.
Implications of Denying Voting Rights for Expats
It is an irony that consecutive governments always expect the expat community to invest in and support the Sri Lankan economy. Except for those who have obtained citizenship or permanent residency abroad, the majority of the migrant worker community maintains their Sri Lankan citizenship and sends their hard-earned money back to Sri Lanka. Therefore, the expat voting issue is a fundamental rights issue that needs urgent attention. As much as they contribute to the economy, they should have the right to vote wherever they are currently domiciled.
Considering the very high percentage of migrant workers (12.5% to 15%), the impact of availing expat voting rights has very direct implications on the selection of the President or their representatives.
Further Actions Needed
It is the right time for all political scientists, commentators, analysts, and influencers to give prominence to this issue. A kind request to all members of parliament to raise this issue consistently to change the provisions of the election act and to enforce the Election Authority to avail expat voting rights beyond the preliminary testing stage. The Election Commission should verify how it could accommodate this fundamental right with existing/future law. I also request that interested stakeholders seek remedies through public litigation to collectively win the fundamental rights of migrant workers who are unable to travel back to Sri Lanka exclusively for the purpose of exercising their franchise. If only a portion of the travel cost of a few thousand expats is spent on vigorously promoting the voting franchise, this would improve our democratic values and universal franchise without discrimination for migrant workers.
Mohamed Ajiwath has been a migrant worker for the past three decades and is an advocate for expat rights. His opinions are personal unless quoted with references. Contact: ajiwath@gmail.com.
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