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Political parties and Election Commission: Getting into election mode 

21 Jun 2020

Political parties as well as the Election Commission (EC) last week commenced the preliminary work required to face the upcoming general election. The 2020 general election will be one of the most challenging polls to be conducted in the country, given the need to follow Covid-19 control health guidelines. The EC met last Tuesday (16) and following discussions on the outcome of the mock elections held in several areas during last weekend, the Commission settled on the dates to hold postal voting for the general election. The EC will also hold talks with representatives of the contesting political parties the same day. As for the escalation in cost to hold the 2020 general election in the background of Covid-19, Deshapriya had said that despite the increase in expenses, the Commission would try its best to keep the cost below Rs. 10 billion. He explained that while it was earlier estimated that the polls would cost around Rs. 7 billion, the expenses have increased to around Rs. 10 billion due to the additional safety measures to be put in place. The EC met with President Gotabaya Rajapaksa last Wednesday (17). The three members of the Commission attended the meeting along with the Secretary of the Public Administration Ministry and health authorities. The President inquired about the preparations to hold the 2020 general election and the health measures that have been put in place. During the discussion, President Rajapaksa had assured the EC that the funds required to hold the polls would be made available. The President had also requested the EC members to take necessary measures to ensure that the election is conducted in a free, fair, and impartial manner. UNP’s listening test Looking hard for a strategy to regain the party’s lost appeal amongst the voters, Leader of the United National Party (UNP) Ranil Wickremesinghe, addressing a meeting of the party district managers last Sunday (14), had said the party had listened to the people of the country and was adapting to their needs. He had said the forthcoming election will see the UNP as the party with the largest number of new candidates. Explaining that the public had said they wanted to throw all 225 Members of Parliament into the Diyawanna Oya, the UNP had presented the voters with new faces to choose from. Wickremesinghe had gone on to say that the candidates put forth by the UNP were a healthy mix of professionals, youths, and experienced members, all of whom were dedicated to working towards the betterment of the country. Referring to the 2019 presidential election, he had said that both Sajith Premadasa and the Janatha Vimukthi Peramuna (JVP) candidate had suffered heavy defeats at the hands of an individual who was not part of the political system. However, the public had already lost faith in President Rajapaksa, and so they have lost hope in the entire system, Wickremesinghe had noted. He had explained that the UNP, the longest-serving political party in the country, had experienced both victory and defeat and they understood the necessity to adapt to the needs of the people. The UNP Leader had also explained that currently, the country is facing many problems, and the only political party capable of addressing them was the UNP. He further added that while understanding the issues faced by the public, the party will put forth their solutions to these problems shortly. The UNP was founded on the principle of protecting the country, and the Leader stated that once again, it was the responsibility of the UNP to come forth and save the country from the problems that have arisen. Mangala in demand Former Minister Mangala Samaraweera is now paving his new path after a surprise announcement that he was moving out of the election and parliamentary politics in order to adopt a new, more formidable role as a public representative after receiving nominations to contest the general election under the Sajith Premadasa-led Samagi Jana Balawegaya (SJB) from the Matara District. Announcing his departure from the election, Samaraweera said that he plans to turn over a new leaf in his political journey which will not include being a member of parliament. However, UNP Leader Wickremesinghe met with Samaraweera a few days after the latter made his announcement. The UNP leadership is keen on getting Samaraweera back into the party fold. Along with Samaraweera, several other SJB candidates announced that they were going to opt out of the election race. This has given way to some UNPers suspecting whether Samaraweera and Wickremesinghe were engaged in a deeper pact to scuttle the SJB. Nevertheless, Samaraweera has in the past week shown his independent stance by touching on rather controversial topics that have been shunned by politicians engaged in electoral politics. Meanwhile, the Leader of the Tamil Progressive Alliance (TPA) and former parliamentarian Mano Ganesan last week said that Samaraweera is expected to play a specific role in Sri Lankan civil society. Ganesan tweeted saying Samaraweera’s exit from politics hurts, but that Samaraweera is neither retiring nor joining any party but will be playing a specific role in Sri Lankan civil society. “I believe his role will reinforce the Sri Lankan identity and recognise Sri Lankan diversity as our foremost strength,” Ganesan tweeted. Mango friends Samaraweera seems to be taking the present time to give himself some breathing space to strategise his future platform. It is in this backdrop that last Sunday, Samaraweera visited his long-time personal as well as political friend, former President Chandrika Bandaranaike Kumaratunga at the latter’s ancestral residence in Horagolla in Attanagalla. During the visit, both Samaraweera and Kumaratunga spent much time reminiscing and mostly enjoying their leisure time. The duo at one point had taken a walk around the vast landscape of Horagolla and discussed horticulture and plants that had been planted by Kumaratunga. The two friends had even managed to break several rambutan fruits from the trees to eat while having a good chat. Membership verdict Meanwhile, the battle between the UNP and SJB continued unabated last week, with the Colombo District Court saying it would announce the decision on whether or not to issue an injunction on the UNP’s move to suspend the party membership of 99 members on Monday (22). The complaint filed by former parliamentarian Ranjith Madduma Bandara was taken up for consideration last Tuesday (16) for the second day. President’s Counsel Ronald Perera, representing defendant UNP General Secretary Akila Viraj Kariyawasam, had reportedly claimed that the plaintiff had made a grave legal error by not naming the members of the UNP Working Committee (WC) as defendants. As the party memberships had been suspended by the WC, the injunction order also should be imposed against the WC, Perera had pointed out. The President’s Counsel had stated that the point made by the plaintiff that the UNP WC had given its approval to establish the SJB, is completely false. Stating that the UNP WC had not permitted the establishment of the alliance, the relevant members cannot be deemed as UNP members as they had submitted nominations for the general election under a different party, the President’s Counsel had noted. He had said that if the injunction order requested by the plaintiff is granted, there was a risk of them posing as UNP members to muster voter support at the upcoming general election, and had requested the court not to grant an injunction order on the decision of the UNP. Considering the submissions, Colombo District Judge Amali Ranaweera had said the court decision will be announced on Monday (22). On 29 May, the UNP WC cancelled the membership of 99 members including several senior members, who had handed over nominations from the SJB. UNP General Secretary Kariyawasam stated that the party’s Constitution deems that if any member is to submit nominations from another political party, they should have first sought the approval of the WC before proceeding with their conduct, and none of the members in question had obtained prior approval in writing. Former UNP Deputy Leader and Opposition Leader Sajith Premadasa is among the members whose party membership is to be suspended. The others include Kabir Hashim, Lakshman Kiriella, Gayantha Karunatileka, Mangala Samaraweera, Thalatha Atukorale, Ranjith Madduma Bandara, Field Marshal Sarath Fonseka, Harin Fernando, Ajith P. Perera, Nalin Bandara, Dr. Harsha de Silva, Eran Wickramaratne, S.M. Marikkar, Sujeewa Senasinghe, Mujibur Rahuman, Ajith Mannapperuma, Harshana Rajakaruna, Kavinda Jayawardana, Ranjan Ramanayake, Ranjith Aluwihare, Wasantha Aluwihare, Rohini Kaviratne, Wijepala Hettiarachchi, Bandula Lal Bandarigoda, Buddhika Pathirana, Dilip Wedaarachchi, Thushara Indunil, Ashok Abeysinghe, Hector Appuhamy, Niroshan Perera, Chandima Gamage, Chandrani Bandara, Ravindra Samaraweera, Chaminda Wijesiri, Hesha Withanage, Mayantha Dissanayake, Hirunika Premachandra, and Abdul Haleem. However, several SJB members stated that they had received their show cause letters only last week. SJB member and Matara District candidate Rehan Jayawickrama stated on Twitter last week: “Just received my show cause letter from @officialunp. Whilst thanking you for initiating disciplinary action against me, I look forward to meeting you in court @AkilaViraj.” Youth to the fore The SJB meanwhile moved forward in its election campaign with the launching of the Samagi Tharuna Balawegaya (STB), the youth wing of the party. It was launched last Monday (15) under the patronage of Party Leader Premadasa. To mark the launch of the youth movement, Premadasa had signed a declaration and a policy framework to strengthen the country’s youths who will be incorporated into the SJB election manifesto. The STB has been founded upon the core principles of humanism, progressiveness, and patriotism and is expected to strive to increase youth representation at all levels of governance through a number of radical reforms. The youth movement is expected to mobilise one million youths across the country around the party’s political cause. The STB is to be headed by former parliamentarian Mayantha Dissanayake. TNA on broken promises Meanwhile, the Tamil National Alliance (TNA) is looking at becoming the main opposition party in the new Parliament. Former TNA Parliamentarian M.A. Sumanthiran has told the media in Ampara last Sunday that the TNA will continue to push for a political solution for the Tamils. He had also said the TNA will ensure other key issues faced by the Tamils in the North and East will also be addressed. Sumanthiran had said the TNA had worked with the Government established in 2015 to ensure most of the issues faced by the Tamils were addressed. However, he had said that some commitments were left unfulfilled at the time. Sumanthiran had said that despite progress made, steps taken to establish a new Constitution and to ensure a political solution for the Tamils, failed to reach a conclusion. He had added that the TNA will continue its push for a political solution and also focus on other issues at the upcoming parliamentary election. These issues are to be included in the TNA’s election manifesto. According to Sumanthiran, while some Tamil candidates are looking at securing just one or two seats in Parliament, the TNA is looking at becoming a strong voice in Parliament by securing a high number of seats. Back to probes While the political platform is in full swing gearing for polls, the Attorney General (AG) Dappula de Livera’s Co-ordinating Secretary Nishara Jayaratne stated that the AG had concluded action in respect of 19,091 criminal cases from January 2019 to May 2020 and forwarded 10,785 indictments to the High Court. The Presidential Commission investigating incidents of political victimisation during the former Government is at the forefront at present in probing into political victimisation issues. The Commission last week summoned 17 individuals to appear and make statements in response to a complaint lodged by Avant Garde Group Chairman Maj. (Rtd.) Nissanka Senadhipathi. Senadhipathi had claimed that his company suffered massive losses due to arbitrary decision taken by the former Government. The former Government had seized a floating armoury managed by Avant Garde. Senadhipathi had claimed that he was a target of political victimisation and sought relief. Notice was issued by the Commission last Monday (15) on former Navy Commander Ravindra Wijegunaratne, former MP Dr. Rajitha Senaratne, former MP Patali Champika Ranawaka, former MP Arjuna Ranatunga, former MP Anura Kumara Dissanayake, President’s Counsel Dilrukshi Dias Wickramasinghe, former Criminal Investigation Department (CID) Director SSP Shani Abeysekera, former DIG (Rtd.) S.A.D. Gunawardena, Lieutenant Commander W.H.P. Weerasinghe, Rear Admiral J.J. Ranasinghe, Rear Admiral Nilantha Heenatigala, President’s Counsel Upul Jayasuriya, former OIC of Galle Harbour Inspector Indika de Silva, IP Aluthge Senarath, ASP Lasantha Ratnayake, President’s Counsel Wasantha Navaratne Bandara, and Senior State Counsel Janaka Bandara. The 17 individuals were summoned before the Commission on Wednesday (17). However, former Ministers Dr. Senaratne and Ranatunga, as well as former Chief of Defence Staff Admiral Wijegunaratne and Dias Wickremasinghe had not been served notice due to the change of residences. The JVP Leader has however failed to appear before the Commission despite notice being served. The Commission has re-issued notice demanding that the individuals attend the sessions on Tuesday (23). Bond Scam returns Another high-profile case that returned to the spotlight last week was the controversial Central Bank (CBSL) Treasury Bond Scam. Interpol has informed Sri Lanka that former CBSL Governor Arjuna Mahendran, who is currently wanted over the Bond Scam, has changed his name. Accordingly, Mahendran has changed his name to “Harjan Alexander”. The AG had informed the Special High Court of this, when the Bond Scam case was taken up before Justices Sampath Wijayakoon, Sampath Wijayaratne, and Champa Janaki Rajaratne last Tuesday (16) morning. Representing the AG, Deputy Solicitor General of the Government Parinda Ranasinghe told the court that the International Criminal Police Organisation (Interpol) had reported that the first defendant of the case, the former CBSL Governor, had legally changed his name to Harjan Alexander. When the AG had inquired from the Singapore AG if the extradition papers of Mahendran needed to be amended accordingly, the AG Department of Singapore had informed them that there was no need for such an amendment. Thereby, should there be any amendment needed with regard to the case, the court will be informed in the future, stated the Deputy Solicitor General. Furthermore, informing the court that the 10th defendant of the case, Ajahn Gardiya Punchihewa, currently resides in Singapore, Deputy Solicitor General Ranasinghe requested for a re-issuance of notice to appear before the court. Accordingly, the High Court Trial-at-Bar re-issued notice on Punchihewa. The case was then postponed to 17 November. UNHRC blues Sri Lanka, it seems, is once again on a collision course with the United Nations Human Rights Council (UNHRC) in Geneva. Sri Lanka’s Acting Permanent Representative to the United Nations in Geneva Dayani Mendis wrote a letter addressed to UN High Commissioner for Human Rights Michelle Bachelet on concerns regarding the allegations made in a press release issued by the High Commissioner on 3 June regarding the “clampdown” on freedom of expression during Covid-19, in which a reference had been made to Sri Lanka. Bachelet earlier this month expressed alarm at the clampdown on freedom of expression in parts of the Asia-Pacific during the Covid-19 crisis, saying any actions taken to stop the spread of false information must be proportionate. On 3 June, she noted that many countries in the region already had laws governing alleged “fake news” and online media that raise human rights concerns and have been used in other contexts to deter legitimate speech, especially public debate, criticism of government policy, and suppress freedom of expression. Measures should adhere to the principles of legality, necessity, proportionality, serve a legitimate public health objective, and should be the “least intrusive” approach required to achieve that result. Bachelet said the Covid-19 pandemic had seen a further tightening of censorship in several countries, along with the arbitrary arrest and detention of people critical of their governments’ response or for simply sharing information or views about the pandemic. Arrests for expressing discontent or allegedly spreading false information through the press and social media have been reported in Bangladesh, Cambodia, China, India, Indonesia, Malaysia, Myanmar, Nepal, the Philippines, Sri Lanka, Thailand, and Vietnam, she stated. “In Sri Lanka, the Acting Inspector General of Police threatened to arrest anyone who allegedly criticises or highlights ‘minor shortcomings’ of officials involved in the coronavirus response or who shares ‘fake’ or ‘malicious’ messages. The Human Rights Commission of Sri Lanka on 25 April wrote a letter to the Police informing them that any arrest for the mere criticism of public officials or policies would be unconstitutional. A number of individuals have been arrested over posts in their Facebook pages. “In these times of great uncertainty, medical professionals, journalists, human rights defenders, and the general public must be allowed to express opinions on vitally important topics of public interest, such as the provision of healthcare and the handling of the health and socioeconomic crisis, and the distribution of relief items,” said Bachelet. “This crisis should not be used to restrict dissent or the free flow of information and debate. A diversity of viewpoints will foster greater understanding of the challenges we face and help us better overcome them. It will also help countries to have a vibrant debate on the root causes and good practices needed to overcome the longer term socioeconomic and other impacts. This debate is crucial for countries to build back better after the crisis.” The Sri Lankan Representative’s letter highlights that it had become essential for all countries and governments to take measures to counter misinformation and disinformation in the interest of protecting public health, particularly during the Covid-19 pandemic. These measures are also in line with the consensus resolution on Covid-19 response adopted on 18 May at the 73 World Health Assembly (WHA), which also, inter alia, calls on member states to provide the population with reliable and comprehensive information on Covid-19 and take measures to counter misinformation and disinformation. Clarifying the content of the internal directive issued by Sri Lanka’s Acting Inspector General of Police on 1 April, the letter highlights that the directive “does not carry instructions to arrest persons for mere criticism, or for sharing fake or malicious messages, except in the case of violations of the laws of relevance on; obstructing a public servant in discharge of his/her duty, wrongful restraint of a public servant, use of criminal force to deter a public servant from discharge of his/her duty, disobeying a quarantine order, and acts of disruption of public law and order and quarantine procedures using computer technology”. The letter also noted that the Government of Sri Lanka had, for several months now, been engaged in the task of protecting the health and safety of its population from Covid-19, amidst a multitude of other challenges associated with facing a global pandemic of this scale. It observed that “the success of the ongoing efforts of the Government, which were also commended by the World Health Organisation, enabled containing this highly contagious disease and protecting the public, especially the vulnerable segments of society. This has been possible, largely due to the collaboration of all stakeholders with the national response, as well as the communication of accurate information to the public”. The letter also stated that “the Government has taken these measures in accordance with the due process of law, and in the interest of public safety and health, with the aim of curbing falsehoods that have harmed or have the potential to affect all sections of society during this pandemic”. While reiterating Sri Lanka’s commitment to the protection and promotion of human rights in terms of the Constitution of Sri Lanka, the Government of Sri Lanka urged the Office of the High Commissioner for Human Rights to be sensitive to the above unprecedented challenges faced by countries and to engage in a spirit of co-operation.

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