Elections Commissioner’s lament:

‘We are doing our part’

By Manjula Fernando

Elections Commissioner Mahinda Deshapriya in an interview with the Sunday Observer responds to criticism levelled against him and the preparations for the upcoming UVA Provincial Council Election in September.

Elections Commissioner Mahinda Deshapriya

Q: Both the Opposition and Government parties allege that the police fail to do their duty which is the reason for the Uva incidents and the election violence reported so far. Your comments.

I will not blame the entire Police Department for the action of a lazy and irresponsible few. The majority of police officers are willing to cooperate and take action against those who violate election law, irrespective of the perpetrators status.

I correspond with the IGP and senior DIGs on election matters. If one officer ignores orders from the IGP, and DIGs for some reason, subordinates cannot do anything about it. There are such individuals down the line. Their attitude can be due to fear, laziness, bias and just plain irresponsibility.

I have instructed the IGP to identify such officers and transfer them out of the Uva province. An officer attached to Mahinyangana was transferred following the Loggal Oya incident. Orders have been given and they are being implemented, I am drafting a letter to the IGP regarding four police stations in the Moneragala district at the moment. I will ask the IGP to severely warn the OICs of these stations.

We have requested for enhanced police strength in the Uva province and to set up road blocks manned by police officers. If they feel it necessary they are permitted to call for army back- up at the road blocks. This is to search vehicles.

I trust that we may not have to call for military back-up. We have found out that some of the violent incidents reported so far are isolated cases. They are not inter connected. Apart from genuine cases, we receive false complaints and some misleading ones. These need to be differentiated from the true and genuine complaints.

The Department and I have been accused that during the Loggal Oya incident, we did not take action. This is not true.

Q: Are you satisfied with what the Elections Department is doing to ensure a free and fair election? Why is it that the Elections Department is always at the receiving end during an election ? My officers are being constantly castigated by the media and the political parties. They are disheartened due to two main reasons which took place lately. One is that one of the officers was threatened recently in Uva. If the same thing happened to a doctor or a bus conductor they will go on strike. My officers inquired as to why we cannot do a similar thing to protect our rights.

Removing election posters

Police being deployed to remove election posters

Carrying ballot boxes at a previous election

But we are responsible for protecting the people's franchise rights. The Election Department is similar to the Police Department. What will happen if the police go on strike, say for just two hours, if they go on strike from 4 pm to 6 pm? No one will go home using the roads.

Likewise the Elections Department cannot go on strike. But we have gone to courts against intimidation and threats. That may not get immediate results and thus bring immediate satisfaction to the aggrieved party. But there will be redress. It is also frustrating that election officials are ethically bound not to name the perpetrators or the political group that he belongs to. Such things are a strain on one's enthusiasm to work.

The other headache is that for any breach of election law, it has become a habit to blame the Elections Department.

Politicians blame the Department for removing propaganda cutouts and posters, that is in a way a satisfaction, but when we do that risking our lives, there is a voice saying that we do nothing to ensure free and fair elections. This is outrageous.

Our officers go with the police teams to identify the illegal propaganda material and pull them down. Because the police officers sometimes need assistance to identify which material is illegal.

Q: The Opposition alleges that election officers and police remove only Opposition material, is this true?

On Thursday we pulled down a conspicuous banner put up by a supporter of a key UPFA candidate in Moneragala. We took it down and handed it over to the man who had put it up. I reject any claim that my officers are biased. Political parties don’t follow the polls law regarding posters. This is a serious issue.

In fact taking down posters and banners is not the responsibility of election officers. They are not mandated to do so under the Act. In the Moneragala district three Election Department teams patrol the roads with the police looking for illegal propaganda material. We have to provide ladders, ropes and labourers.

Section 74 – 5 and 6 of the Provincial Councils Elections Act clearly specifies the law where the police has to take action and also defines civil society's role in this matter.

However, our officers and labourers work with the police and their labourers to clean up the walls and public places of campaign material. This is a never ending job. We are accused by rival political parties of favouritism.

To minimise these accusations, now we have given the contesting parties and groups 24 hour notice to remove illegal campaign officers, before forcibly taking them down.

Q: Once the election results are announced, those who are defeated blame the Elections Commissioner for malpractices?

If we take the recently held elections, the UNP won the Colombo Municipal election despite the UPFA's clout, Similar things have happened as in 2008 in the Eastern Province provincial polls.

But when elections are lost, it has become a habit to point fingers at the Elections Commissioner and election officials by the Opposition. We cannot ask the people to vote for a particular party.

The Department has acted in an independent manner. For example when the last Eastern province election was held, the SLMC contested as a separate party. They were facing a situation in Samanthurai and Akkaraipattu areas.

We sent five Assistant Elections commissioners within fifteen minutes and settled the volatile situation. Following the election, the SLMC thanked me for our prompt action.

There is another allegation that I do not raid when 'gifts' are distributed by candidates as an election gimmick. There is nothing in the existing election law to stop individuals from distributing goods.

Action has to be initiated by the people and the Police Department. This is the law.

Under the Provincial Councils Elections Act, election offences have been listed from Section 66 to 91.

I am here to dictate the law and action has to be taken by the Police on a complaint made by the people, civil society and interested parties.

For instance we video taped an incident in the Wayamba province during the last election. A candidate distributed three-wheel tires.

It would have been against the election law if he canvassed for votes during the event but he did not.

We sent two elections officers in civils to receive the tires. The conversation was recorded but there were no evidence to frame him under Election Law.

Later a rival from his own party accused the Deputy Election Commissioner in charge of the area of taking a bribe of Rs.10 million.

That officer was an honest and dedicated person. Is that the way to appreciate his honest service? It would have been more effective if the rival candidate petitioned and got the gift-giver arrested by the police.

According to my understanding of the law, such actions can be stopped by an election petition. But during the meeting with UNP MPs yesterday, they mentioned that I have powers under the current law to do it. I challenge them to show me the provisions where I am empowered to do so.

Q: Does the Elections Department have limited powers when it comes to preventing violations?

Everyone says it should be the Elections Commissioner who should bell-the-cat. It is in the law that a petition has to be put forth by the masses, which includes civil society and NGOs. The Commissioner cannot do that.

What the Elections Department did in the past was to hold elections and release the results. Today we have assumed more responsibilities and have succeeded in effectively implementing them.

One should compare the last Western Province Election and the one before. Didn’t we effectively implement the posters law? Did you see walls desecrated by posters during the recent Provincial Council elections?

My assistant and Deputy Commissioners want to know why we have to become a punching bag during every election? In the line of duty my officers have to face court cases and some have even received death threats.

Unlike other privileged state officers, Election Officers cannot approach anyone to get even a child admitted to school. People must realise our limitations.

Q: What was the opinion of the foreign election monitors?

The Indian election monitors, SAARc monitors and the Commonwealth election monitors have given us a very good commendation of the conduct of our Northers PC election. Even the ITAK endorsed this recommendation.

There were shortcomings, but the TNA says the Northern Provincial Council election was held in such a satisfactory manner due to the role played by the Department. Therefore we have something to be happy about.

Q: Why haven't we seen many petitions being filed in courts against violators ?

I have told many political parties to take action against those breaking the law. Their answer is that it is a long process.

In Sri Lanka many election laws have been established following court rulings.

The Law to make the national identity card compulsory for voting came into existence, after a court case filed by the election monitoring group PAFFREL.

In another case filed by Dr. Arjuna Parakrama, he was instrumental in bring ing in the law to allow the Elections Chief to annul results of election marred polling stations.

Q: The Uva PC election propaganda is in progress. There have been more incidents of violence reported in the province than in the previous elections?

Due to the recent incidents reported within a span of three days Uva has been the most violent in comparison to the previous PC polls. But the IGP has given me an assurance that they will take prompt action to diffuse any untoward action hereafter in the run up to election.

My only regret is that I have to order the removal of the cutouts and banners when the police is empowered to do so on their own by the law. We have allocated Rs.5 million to the police to employ labourers to remove cutouts, posters and banners.

Another 40 million has been allocated for subsistence, transport and other expenses for the police officers on election duty.

Funds are allocated to recruit labourers and acquire what is necessary. The police officers cannot climb on to ladders and parapet walls.

That is not part of their official duty. An SI was paralysed below his neck, while trying to remove a cutout during the recent Sabaragamuwa Provincial poll. He accidentally fell off the ladder.

Q: The Elections Commissioner has been portrayed in the media as a puppet. What have you to say?

The media as an opinion maker has a strong voice in Sri Lanka. If they attack the Elections Department based on unverified facts, people will lose faith in this institution and the elections as a whole. That is detrimental to a democratic country and its people.

They will not damage Mahinda Deshapriya's image but the image of this public office and the honest officers of this institution.

No purpose will be served by taking the Elections Department officials to the guillotine. I do not want to say anything against the cartoonists or the journalists, they are enjoying press freedom. And we do not misuse power to discipline anyone.

All my officers are disheartened by the unfair publicity and unverified reports given wider coverage in the media. To cite an example I was asked why I went to Parliament to meet the SLFP team while the other parties have been asked to come to my office for election meetings. This was reported in the media.

What was not reported is that my officers sent invitations to all the parties represented in Parliament and contesting the Uva PC polls, including the UNP and the JVP, informing that due to on going repairs at the Elections Department, I can be met on certain days in Parliament. Only the UPFA responded to that letter. It was sad that even Karu Jayasuriya inquired about this from me.