Sri Lankan Parliamentary Elections-2001 - IV Electoral Violence in Sri Lanka: The Remedies

31 Dec, 2001    ·   668

N. Manoharan suggests remedies for the electoral violence in the Sri Lanka


Having understood the root causes of electoral violence in Sri Lanka it is not difficult to pin point the remedial measures required:

 

 

Firstly, a strict ‘code of conduct’ for elections must be enforced covering all possible malpractices in the polls. For this, an independent Election Commission is important. Presently, the EC, despite being a constitutional body, enjoys little power and credibility. The seventeenth amendment empowering the EC is a good step in the right direction, but is not sufficient as it is still not in a position to observe the pre- and post-poll violence. Article 104 of the Constitution only says that the EC has to “act according to law”, without making him responsible for the free and fair conduct of polls. This was acknowledged and affirmed by the Supreme Court in Egodawala v Dissanayake case. It is about time that a mechanism within the EC is created to take action on complaints of election-related violence; making it a multi-member body like in India will help establish its credibility. 

 

 

Secondly, stringent laws and their enforcement are required to restrict the free flow of weapons. The new government’s ‘amnesty offer’ is helpful, but it must take this step to its logical end by displaying political will. For example, efforts by the police in 1997 failed miserably due to lack of cooperation and will by the political apparatus. The issue of arms to parliamentarians requires reconsideration. Instead of issuing weapons, is it not better to create a special force on the lines of NSG in India to take care of VIPs? 

 

 

Thirdly, more transparency is necessary in the electoral process. Polling and counting can be undertaken under the watchful eyes of cameras. It is also high time that the island state introduces electronic voting machines to avoid irregularities like booth capturing, ballot stuffing and poll card distortions. Rather than simultaneous conduct of polls, the EC could undertake this entire exercise over three or four days. This would help in mobilizing enough security personnel for better maintenance of law and order, and also enable observers to monitor the polls effectively. 

 

 

Fourthly, amendments are required in the election laws to bar those involved in electoral violence from contesting. Lack of such restrictions has been responsible for many candidates entering into Parliament with criminal records. The political parties, too, must consider incorporating such restrictions into their party constitutions.

 

 

Fifthly, the media has to act in a more responsible manner. The state controlled media should abstain, at least during elections, from helping the ruling party. This would avoid unnecessary provocation of violence by the opposition.

 

 

Sixthly, as the competition for poster space is a major cause for violence the EC should seriously consider allocating separate spaces for posters and cutouts for different political parties on the lines of time allocation in the electronic media that now exists.

 

 

Seventhly, to make the entire process of supervision more efficient, the local poll monitors should be given free access to polling stations. It is strange that local monitors do not enjoy as much freedom as foreign monitors.

 

 

Eighthly, it is about time to reconsider the value of a proportional representation system for the island state. Apart from perpetrating violence at all levels this has resulted in stagnation of political development in Sri Lanka . Going back to the first-past-the-post system seems a good alternative.

 

 

Finally, reforming the legal system and institutions alone would not bring about a non-violent political culture. It is of utmost importance that people wake up to realities and act accordingly. They should decisively reject persons and parties who directly or indirectly advocate violence. This ‘bottom up’ approach would bear fruit. Efforts are also required to create awareness of the evils of violence at the societal level through formal and informal means.

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