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The spectacle of electoral reforms

19 May 2021

Sri Lanka is a country that has an astronomical number of laws, policies, and practices that need to be reformed, and even though the authorities and rulers have claimed to be aware of the need for such, actual reform is happening at a snail’s pace. A number of projects aimed at reforming them have come to a halt, despite efforts by the people and activists to see any progressive results. It was reported recently that the Parliamentary Select Committee (PSC) appointed to identify the shortcomings in the existing electoral system and laws had decided to obtain public opinions in this connection, and that a period of one month would be given to the public to convey their opinions. While several organisations working for the people’s right to fair and free elections commended this decision, some of them also flagged the importance of this PSC maintaining impartiality as it is representing the incumbent Government.  The importance of people of a democratic country having a say in its governance cannot be stressed enough, and in Sri Lanka, it is only during an election that people actually receive that opportunity. After the election, the people seldom receive any chance to weigh in on the actions of the public representatives they elected, and this has been identified by those advocating for an accountable and people-centric system of governance as a lacuna that needs to be filled. However, in a context where steps to ensure post-election accountability are unlikely to be taken in the foreseeable future despite having been discussed for some time, taking into account the public opinion in amending the electoral system and laws is a need of the hour. Perhaps, if done properly, an electoral system and laws based on people’s opinions would pave the way for measures to ensure post-election accountability on the part of the elected public representatives in the future.  However, this decision comes in the midst of prolonged uncertainty about the Provincial Council (PC) Elections that has been due for years and which has created a national-level discussion among politicians and civil society activists. Even though the matter of electoral systems was a primary topic in this discussion too, tangible steps to determine whether the delayed PC polls would be held in accordance with the old, existing electoral system or a new one was not taken. In fact, the only response the public received from the previous and the incumbent Government was that they were looking into it, as they have been for years.  In this context, amendments to the existing electoral system and laws should not be a one-time opportunity, and instead, should consider giving the public the uninterrupted, long-term opportunity to be a part of matters pertaining to Sri Lanka’s electoral system. In addition, identifying the elements of the electoral system and laws that are not compatible with the social, economic, cultural, and policy-related developments as well as international election-related practices, should be a continuous process, and be supported by all stakeholders and experts in the relevant fields. The practicality and/or the actual implementation of the amendments to the electoral system and laws is also a concern, as Sri Lanka has seen more law/policy-related initiatives that were not implemented or failed, than those that bore fruit. With regard to obtaining public opinion, the situation is the same. The most recent law/policy reform attempts that involved obtaining public opinion were for the constitutional amendment plans of the previous United National Front (UNF)-led Government and the incumbent Government. In the 2015/2016 era, the previous Government sought public opinions for its constitutional amendment efforts, and it saw many individuals as well as civil society organisations putting forward suggestions with much enthusiasm. However, amendments of that nature never took place. Also, last October, a Gazette Extraordinary was issued inviting the public to convey their proposals and concerns to an expert committee appointed to draft a new Constitution. However, what became of this move or the public opinion expressed in this connection remains unknown. When looking at Sri Lanka’s political and public sector history, it is obvious that at some point, many initiatives that involve seeking public opinion tend to prioritise the interests of the Government or the top administrative levels of the public sector. Ensuring that the plans to amend the electoral system and laws do not face the same fate is the responsibility of the Government and the relevant authorities. At the end of the day, can a country be truly democratic if it does not prioritise its citizens’ needs and expectations?


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