Overly restrictive campaign laws deprived level playing field - Dr.George Abela
by Manjula Fernando
Commonwealth
election observers congratulating Sri Lanka for fulfilling the criteria
of a democratic election said overly restrictive campaign laws deprived
a level playing field for candidates who could not afford to spend money
lavishly for their campaigns as some others . The Chief Observer, former
President of Malta, Dr.George Abela, speaking to the Sunday Observer on
the sidelines of a post election media conference said,” So you have
moved pretty well in the right democratic direction but added the
electoral process must be refined and defined and it should be better
and streghthened.
The behaviour of political parties, voters, election officials and
the authoriteis was excellent. I was fascinated,” Dr. Abela said. The
Commonwealth was one of the three international observer groups invited
by the Elections Commissioner for the General Election.The others were
the European Union and the Federation of Election Monitoring Bodies of
South Asia (FEMBoSA). The international monitors and the local bodies,
PAFFREL, CMEV, CaFFE and Transparency International Sri Lanka adjudged
the elections as one of the most democratic polls held in Sri Lanka
despite three deaths and many incidents of poll related violence
reported islandwide in the run up to the elections. They opined these
incidents had little or no bearing on the final poll result.
The findings and recommendations of the observers will be presented
to the Commonwealth Secretary General, who will relay it to the
government, the Elections Commissioner and political parties. Eventually
the report will be copied to the Commonwealth governments.
The interview:
Q: At the media conference you mentioned about key institutional
issues that need to be addressed. Can you elaborate on them and the
changes that you perceive as crucial for a democratic election ?
A:The key institutions that are in charge of the electoral process.
And of the players that take care of these institutions. This mandate
that the people gave is a clear indication that these key institutions
should be strengthened.
There should be more checks and balances to ensure those who occupy
these institutions will know where to draw the line. It is up to the
Parliament to discuss this matter and I am sure this would be a crucial
debate.
Q: The previous Government passed the19th Amendment to the
Constitution. Do you think the establishment of the Independent
Elections Commission is a must for Sri Lanka ?
A: We said it’s a matter of urgency or priority. You cannot continue
to depend on one person, despite how independent, trustworthy and
competent he or she is. In the end, these instituions are musts.
The 19th Amendment mentions several institutions. The Independent
Commissions, Police , the Elections Commission, the Human Rights
Commission should be in place.
We believe the 19th Amendment should not be confined to paper. The
Commonwealth is committed to assist Sri Lanka with its expertise. We
conveyed this to President Sirisena when we met him.
Q: You said your team saw a conducive environment to hold a
democratic election during the past few months. Any particular reason
for that ?
A:The previous observer group did not state in their observations
that the Presidential Elections met the criteria of a democratic
election. That was the departure point, that was only eight months ago.
A few days after our arrival we said we are optimistic about this
election and now we say we are positive that it meets the democratic
credentials.So you have moved pretty well in the right democratic
direction. The electoral process must be refined and defined. That’s why
you need an Elections Commissions.
Q: What was the role of the voters and political parties. How do you
judge their behavior during the election?
A: Theie behavior was excellent during the counting and campaigning
and I was fascinated. We were well received wherever we went. I commend
the excellent behaviour of election offices. Especially the way they
helped the differently-abled was impressive.
Q: One reason to invite foreign observers is to build trust in the
local system and the election result as voters did not have faith in
election offices and political parties in power. Do you think that this
set up has changed now, do we need to invite foreign observers in the
future ?
A: I think this is not the view of your President. He welcomed us and
we will do the same for him in Malta. The next CHOGM meeting will be
held in Malta. We noticed it (how much we were welcomed) in his first
statement after the election, not just during his meeting with our
group. He said in his first statement that ‘I have to thank the
international observers’.
We are not here to interfere in internal politics but to observe and
make recommendations.
Q: But does it give an impresssion that Sri Lankans cannot hold a
free and fair election and that they need foreign observers?
A: You do not need anybody. You need only courage and to feel free
not to let politicians to dictate voters . We observed when the
Presidential election did not meet the democratic standards, you had the
courage to change the process during this election. It was you who did
it and not outsiders.
Q: Have the earlier recommendations of Commonwealth observers been
taken up and responded by governments and other stake holders ?
A: Yes, the recommendations are made public. They have been taken on
board. For instance, the presence of civil society or the citizen
observer groups was one of our earlier observations. These groups can
scrutinise the whole electoral process.
Q: You said a copy of your final report will be sent to Commonwealth
governments. What is the objective ?
A: It will first be handed over to the Secretary General Kamalesh
Sharma.Then it will be circulated. We act independently. These are our
views as observers appointed by the Commonwealth Secretary. These are
not Commonwealth views.
Q: Your report will have a bearing on changing the perceptions of
Commonwealth countries on Sri Lanka ?
A: Of course once we give this certificate, I am sure that there will
be bright sunshine.
Pic by Wasitha Patabendige
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