- Local political panel discussion delves into the dynamics & concerns of electoral integrity
- The challenges of upholding democratic principles throughout the electoral process, addressing institutional weaknesses & the need for reforms considered
In an era marked by unprecedented political upheaval and growing scrutiny of democratic institutions, the concept of electoral integrity has emerged as a cornerstone of modern governance. Ensuring the integrity of electoral processes is not merely a matter of procedural adherence as it lies at the heart of preserving the fundamental principles of democracy. From the timely conduct of elections to the transparency of campaign financing, every aspect of the electoral cycle plays a pivotal role in upholding the trust and legitimacy of democratic systems worldwide.
In a panel discussion hosted by the Centre for Investigative Reporting on Wednesday (12), representatives of several leading political Parties including the ruling Sri Lanka Podujana Peramuna (SLPP), the main Parliamentary Opposition, the Samagi Jana Balawegaya (SJB), and other Parliamentary Opposition Parties including the National People's Power (NPP), the Sri Lanka Muslim Congress (SLMC) and the Ilankai Tamil Arasu Kachchi (ITAK), delved into the intricate dynamics and pressing concerns surrounding electoral integrity.
The panellists, SLPP Parliamentarian Prof. Ranjith Bandara, SJB MP Dr. Harsha de Silva, NPP member attorney Harshana Nanayakkara, SLMC Leader and MP Rauff Hakeem, and ITAK MP President's Counsel (PC) M.A. Sumanthiran, provided nuanced insights into the challenges and imperatives of upholding democratic principles throughout the electoral process. From reflections on past elections to the analyses of institutional weaknesses and proposals for reform, the discussion offered a multifaceted exploration of electoral integrity and areas for improvement.
Prof. Bandara underscored the urgent need for reforms in the electoral process and the importance of fostering a culture of integrity and education within political parties to ensure genuine democratic practices. Reflecting on his experiences in other countries, he shared, "I have been to several countries such as India and the United States during elections, and what I see in practice often deviates from what is outlined in the books." He emphasised the critical importance of maintaining electoral integrity, warning of potential disastrous situations if it is not upheld. Recounting his memories of past elections in Sri Lanka, he said, "I remember the Elections in the 1970s and the chaotic aftermaths. The 1977 Election was historically marred by the poor behaviour of party politics in practice." Acknowledging that political parties and politicians bear partial responsibility for such situations, Prof. Bandara stressed the need for internal education within political parties. "We must educate our party members and supporters," he asserted. "Unfortunately, there is no proper system in place for us to teach and communicate to our party members and supporters how to conduct themselves during elections." He added that political parties must also prioritise integrity, internally. He suggested establishing internal audits, compliance related mechanisms, and ethics committees within parties to ensure accountability and transparency, adding that the SLPP has already initiated such mechanisms. "Regular reporting, training, and capacity development initiatives are vital to equip party members with the necessary skills and knowledge to uphold ethical standards."
Dr. de Silva emphasised that electoral integrity hinges on a few critical factors, including the timely holding of elections and ensuring accountability throughout the electoral process. "First and foremost, elections must be held. Trying to find excuses to say that we cannot hold elections ruins the whole concept of electoral integrity. Finding some loophole in the Constitution and trying to extend someone's term also smashes it," he said. He elaborated on the necessity of accountability within the electoral process. "The whole process must happen in a particular way so that at the end of the election cycle, those who ran in the election and those who administered it must be accountable to the people. They should be able to say, 'Look, we did what we had to do within the law, we didn't break the law.' This accountability is crucial not just during the campaign, but prior to the campaign as well." He also stressed the importance of the public acceptance of election results. "People must be able to accept an election result. Sometimes, one party will say 'we are winning' and the other party will say 'we are winning.' This may be based on their own biassed research or other tactics aimed at influencing public opinion. They create a sense or aura of their victory, but, if they don't win, it can backfire. There have been instances where houses were burnt, establishments were destroyed, and people were murdered. That is why everyone must be able to accept both victory and defeat." In conclusion, Dr. de Silva asserted that meeting these standards is essential for ensuring integrity in the electoral process. "If we can meet these conditions, we can essentially say that there is integrity in the mechanism by which we periodically elect leaders in a democracy," Explaining measures in place to ensure the integrity of candidates nominated by their Party, he said that they strive to select candidates with clean records, and free from any convictions or serious Police complaints. "When Party members run into legal trouble, we take swift action, removing them from their positions without waiting for legal proceedings to conclude." However, he lamented the limitations that they face when dealing with members who cross over to the Government after being elected on their Party's ticket. "Despite attempting to hold these individuals accountable for breaching the Party's code of ethics and conduct, we encounter obstacles. Without the authority to enforce consequences for such actions, the Party's ability to maintain integrity and discipline within its ranks is compromised."
Hakeem emphasised that electoral integrity is fundamentally tied to broader accountability to the voter, highlighting the importance of maintaining trust in the political system. He noted that within this context, it is essential to examine the structures of political parties, the role of the Election Commission (EC), the Judiciary, and the Parliament. He pointed out that there are broad checks and balances that could be implemented to ensure that representatives are held accountable. Recalling the common allegations of corruption against politicians, he said that there is a strong need for robust structures to address such issues. "The most common allegation against politicians nowadays is related to corruption. When it comes to allegations of corruption, even before authorities such as the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) or the Criminal Investigations Department (CID) come into play, the relevant political party itself must be at the forefront to take quick action. That has not been forthcoming, which is why this lack of trust in the entire political establishment has emerged."
Highlighting institutional weaknesses, Hakeem claimed that many of the country's key institutions, including the Parliament, the Attorney General's (AG) Department, and the Police have been compromised by Executive interference. He pointed out that these institutions are often more focused on pleasing the Executive rather than serving the public. To achieve true electoral integrity, he argued that it is essential to correct these institutional weaknesses, as merely discussing integrity without addressing such fundamental issues would be ineffective.
Explaining the need for transparency and the independent functioning of institutions, he said: "One may voluntarily submit their assets declaration to the EC and the Parliament and even make it available online for anyone to see, but, that has no use unless institutions like the Police, the CID, the CIABOC, the AG's Department, and the Judiciary are all empowered to do what they could do independently. Accountability will be futile if the institutional weaknesses aren't addressed." To ensure integrity in between elections, Hakeem said that it is crucial to address the issue of impunity that often arises when a party comes into power. He stressed the need to reevaluate the relevant legal instruments and enhance them to prevent such abuses of power. He pointed out that while parties may initiate disciplinary inquiries for public perception, once in power, they often evade accountability for their actions, and that that trend should come to an end.
Nanayakkara stressed that electoral integrity is not just about the election day or the counting of votes as it encompasses the entire electoral cycle. From the time of the nominations, the conduct of political parties, the selection of candidates, spending caps, media usage, and the production of fake news, all these factors affect the ability of the people to make informed choices. He said that Sri Lanka offers many examples of compromised electoral integrity since 1977, including the postponement of the Presidential Election through a referendum, which he claimed did not reflect the will of the people. This denial of electoral rights, he said, ultimately resulted in two internal conflicts, one in the North and one in the South, adding that the denial of the peoples’ electoral rights leads to catastrophic outcomes. "Electoral integrity includes several elements. For democracy to function healthily and for a nation to thrive, there must be free and fair elections, open and transparent governance, and accountable officials. The independence of election officials and the Judiciary is also vital. Without it, public trust in the system, the Police, and the Judiciary erodes, leading to frustration and societal breakdown. This lack of trust can push the society back to a primitive state where people take the law into their own hands."
Speaking further, Nanayakkara said that all political parties should work towards upholding electoral integrity. "While many political parties speak the right words, their actions often do not match. The corrupt political culture allows politicians to remain above the law, unaccountable to the people. To establish electoral integrity, it is crucial to end the corrupt political culture and make politicians and MPs accountable social workers again. Many current politicians see the Parliament as an opportunity to make money, a culture that must end if we are to achieve and sustain true electoral integrity." He further discussed the steps that his Party would take to improve electoral integrity, highlighting that when selecting candidates, parties must conduct thorough background checks to ensure their integrity and general conduct. "A person with a Police complaint should never get a nomination," he said, noting that his Party already follows this principle when selecting candidates.
Additionally, he stressed the importance of asset declarations to the party, even before elections. Nanayakkara also pointed out the necessity of internal checks and balances to prevent power from concentrating in one person or a single committee. Despite these measures, he acknowledged that occasionally, a few individuals might not align with the party's values. "When we are taking people from an outside society; there could be one or two bad actors coming in," he said. To address such issues, he stressed the importance of having a system to either remove or adjust these individuals within the party structure. "If the party sees something wrong, it shouldn't wait for the law to come, it should take action,"
Sumanthiran PC explained that electoral integrity is about realising the will of the people through elections. He highlighted the importance of efficiently integrating the people's desires into post-election governance and evaluating how the elected Government performs. When it turns into majoritarianism, he claimed, the political aspirations of the numerically smaller groups are never realised. "The failure to accommodate minority voices leads to systemic flaws and contributes to catastrophic situations. Ensuring electoral integrity must include giving expression and realisation to such groups' aspirations."
Addressing corruption, he said that while the EC has largely acted with integrity, the real problem lies with other institutions responsible for enforcing election related laws. "The current system allows serious breaches, such as individuals convicted of murder being elected as MPs. The pervasive role of money in politics and the practice of buying votes further erode electoral integrity. When politicians realise that they can purchase votes, the integrity of the electoral process is compromised.”