• Asian Network for Free Elections (ANFREL) Exec. Director Brizza Rosales emphasises the importance of the EC’s capacity & level of domestic democracy 

Even though the recently concluded Presidential Election in Sri Lanka was held peacefully, there are several aspects of the election, including the electoral process, the media’s role and responsibility, laws and regulations relating to the election, various groups’ access to the election, and election-related offences, that can and should be improved. Such would ensure that elections in Sri Lanka are not only peaceful but are also truly free and fair and effective.

This was noted during the post-Presidential Election observer event titled ‘What happened in the Sri Lankan Presidential Election?’, which was held by the International Institute for Democracy and Electoral Assistance in collaboration with the Asian Network for Free Elections (ANFREL). 

The observers identified several key issues, including the inadequate accessibility for persons with disabilities and the elderly. It noted that addressing such issues in future elections will enhance the transparency, inclusivity and credibility of the process. Regarding the misuse or abuse of State resources, the need for stronger regulations and enforcement mechanisms as well as ensuring transparency and accountability in future elections were pointed out. 

Discussing campaign finance laws, they said that the Parliament should review and refine campaign finance laws to address emerging challenges, the Election Commission (EC) should review the enforcement timeline to broaden its scope, the Parliament and the EC should provide clear guidelines on categories pertaining to what can be spent on, and that robust monitoring mechanisms including digital platforms are necessary. 

Media independence and access were also topics of discussion. The observers said that in this regard, Sri Lanka should adopt stronger self-regulation, uphold high ethical standards, ensure the stricter enforcement of media guidelines, provide greater support for independent journalism, ensure editorial independence, and foster a transparent and equitable electoral environment. The issues posed by misinformation and disinformation were also discussed, regarding which a strong need for transparency and fact-checking initiatives as well as enhanced oversight of social media platforms were pointed out.

Following the panel discussion, ANFREL Executive Director Brizza Rosales spoke to The Daily Morning, where she pointed out several key matters pertaining to the recently concluded Presidential Election. 

Following are excerpts from the interview:

In your opinion, what can we learn from the recently concluded Presidential Election and was there anything that can be highlighted?

Your election has been so peaceful and orderly. At the same time, one thing to be proud of is the efficient handling of the overall electoral procedure and the announcement of the results. The counting has been very, very fast, and it has been trusted by the different election stakeholders as well as the candidates. It has been accepted well. You should be proud of that, because you cannot see that kind of attitude in all Asian jurisdictions when it comes to elections.

During the Presidential Election, did you notice anything that is unique to, or more prevalent in the Asian region?

When it comes to elections, the number one nuance is always the culture and the differences, because it always has something to do with the informal rules that we have (concerning elections). So, whenever we enact laws, it has something to do with our experience before in history. 

In the run-up to the Presidential Election, there were discussions about making arrangements for prisoners who are legally eligible to vote to exercise their voting right, although it did not materialise. What are your recommendations to overcome this situation and allow eligible prisoners to vote?

You should allow your prisoners to vote. There are no legal barriers, as we have checked in our monitoring. You should have accommodated them, especially those who have not received any final judgement. They are being detained just because their cases are being tried. To make it more inclusive, you should have at least addressed those problems. It has been monitored since 2019. All that has to be done is to make the arrangements as there is no legal issue.

During the Presidential Election, Sri Lanka saw various forms of artificial intelligence (AI) generated or altered content with regard to the election and election candidates. This is important because the country will soon see a Parliamentary Election as well. In your opinion, how can Sri Lanka tackle such challenges?

When it comes to AI, it is more of the job of the EC. They should acknowledge these innovations, and at the same time, address this issue based on the threat that it poses; and what does the EC want – whether the EC wants to have content regulation or whether it wants to have more fact-checking initiatives. So, it has something to do with the capacity also and the level of democracy here in Sri Lanka.

What do you think about the Police and military conduct during the recently concluded Presidential Election? 

Actually, they have been so committed to doing their job well. But, we at ANFREL believe that voters should feel less threatened when entering the polling station, and they may not feel safe because of the mere presence of the Police officers. It was not excessive. But, the situation could be better, and it should be clarified in guidelines.