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