CMEV Calls for Postponement of General Election 2020

March 17, 2020 – The Centre for Monitoring Election Violence (CMEV) is urging the Election Commission to postpone General Election 2020 scheduled for April 25, 2020, in light of the escalating CORVID-19 pandemic.

Many activities required for holding the election bring many people into close contact with each other, thereby posing significant risks of viral transmission. This includes thousands of election officers, party officials, Police officers and election observers being in close proximity to each other at the thousands of polling stations and counting centres across the country; physical contact between election officers and voters as voters are marked with indelible ink and handed ballot papers; and the handling of the same ballot paper by numerous election officials for vote counting purposes. All election campaigning activities, including public rallies and meetings, also bring many people into close contact with each other.

CMEV notes that the ongoing spread of the CORVID-19 pandemic and government measures to combat it (including closures of schools and other public venues, restrictions on mass gatherings and travel restrictions) are likely to have a significant impact on voter turnout on Election Day, and that many voters would be discouraged from voting due to fears of being in close proximity to many others at polling stations. This also broadly impacts voters’ right to freely exercise their vote, and the ability to hold a free and fair election.

CMEV also notes that elections scheduled to be held during the months of March to May have been postponed in many countries including the United Kingdom, France, India and Spain due to the escalating CORVID-19 pandemic.

In terms of postponement, the Election Commission can formally request the President to withdraw Extraordinary Gazette 2165/8, which would have the effect of reversing the dissolution of Parliament and the calling of an election. The Election Commission can alternately, under the gazette with the notice of poll it will issue after the close of nominations, postpone the election unilaterally under the powers it will acquire thereafter.

CMEV is prepared to offer any assistance it can and work with the Election Commission to ensure that General Election 2020 can be held under conditions where Sri Lankans are able to exercise their right to vote in a truly free and fair manner.

March 06, 2020

Mr. Nishantha A. Weerasinghe,
Secretary,
National Police Commission,
Bandaranaike Memorial International Conference Hall Premises,
Block 9,
Colombo 07

Dear Secretary,

Transfers of commissioned and other Police officers during the election period

The Centre for Monitoring Election Violence (CMEV) would like to express its appreciation of Sri Lanka Police as one of the key stakeholders of the election process in this country during the previous Presidential Election in 2019. We strongly believe that in the context of the upcoming General Election, Sri Lanka Police will perform its duties in a similarly commendable manner to ensure a free and fair election.

To this end, one of the most decisive factors is creating a conducive background for all police officers working in various locations across the country to be able to perform their duties and responsibilities in an independent manner without any undue influence.

Several reports we have received so far indicate that this policy is not being completely followed. This includes the apparent plans to transfer Mr. Uchith Liyanage, Senior Superintendent of Police of Seethawaka area and place as the Deputy Director of the Women and Child Bureau. Our reports indicate that he is to be replaced by Mr. Sudath Wedamulla, Senior Superintendent of Police who was recently appointed as a Personal Assistant of a Senior Deputy Inspector General of Police after being transferred from Anuradhapura.

In the face of a national level election, CMEV emphasises that any alleged attempts of transferring will be a direct violation of the explicit guidelines provided by the Election Commission. As per usual electoral processes in Sri Lanka, the Police must also consult the Election Commission before any such transfer. In the past when neither the National Police Commission nor the Election Commission had been established, the Department of Elections and the Department of Police jointly managed these kinds of situations in a very coordinated and supportive manner. The work accomplished through such coordination had generated better results too. We also trust that the Inspector General of Police (Acting) has enormous experience of similar essential transfers done in a well-coordinated manner.

Thus, we strongly expect the National Police Commission to pay your kind attention to rectify any such transfers that have either already taken place or will take place. It is the absolute responsibility of the National Police Commission to ensure the independent functioning of the Police service during elections. CMEV also notes that numerous baseless and unanticipated allegations against independent Commissions are being made in the current climate. It is the sole responsibility of the Commissions to build and strengthen their reputations. The National Police Commission can do that here by taking strong, principled decisions and promoting independent practices within Sri Lanka Police in a careful, professional and just manner.

Finally, CMEV will extend our fullest support for any decisions your Commission will take in order to protect and enhance the integrity of electoral processes of this country.

Your attention for above mentioned matters will be highly appreciated.

Manjula Gajanayake,
National Coordinator,
CMEV

Copied to:

• Mr. Mahinda Deshapriya, Chairman, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. H.M.T.D. Herath, Secretary, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. C.D. Wickramarathne, Inspector General of Police (Acting) Sri Lanka Police, Police Headquarters, Colombo 01.
• Mr. Saman Sri Rathnayake, Commissioner General, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. Priyantha Weerasooriya, Senior Deputy Inspector General of Police (Elections), Sri Lanka Police, Police Headquarters, Colombo 01.
• Mr. Suranga Ranashinghe, Assistant Election Commissioner, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. Ashoka Dharmasena, Senior Superintendent of Police (Director-Elections), Sri Lanka Police, Police Headquarters, Colombo 01.

March 06, 2020

Mr. Mahinda Deshapriya,
Chairperson,
Election Commission,
Election Secretariat Office,
Sarana Road, Rajagiriya.

Dear Mr. Deshapriya,

Public Officials Engaging in Illegal Election Campaigning

The Centre for Monitoring Election Violence (CMEV) would like to express its appreciation of the Election Commission for some positive decisions that have been already taken based on certain incidents in relation to the upcoming General Election. 

We believe that, similar to the last Presidential Election, there will be a rise in public officials engaging in election campaigning and making undue interventions which contravene their functions.

CMEV wishes to highlight one such incident regarding the Director of the Kurunegala Teaching Hospital, Doctor A.M.S. Weerabandara, who has been engaging in election campaigning in a very biased and ethnically divisive manner while still remaining a public official.

The extensive efforts being taken by the Election Commission to ensure the integrity of the election process is challenged and put at a high risk by activity such as the above being done without receiving appropriate leave or by terminating the current employment for the purpose of promoting various political parties.

Section 01 of Chapter 32 of the Establishment Code of Democratic Socialist Republic of Sri Lanka, provides limitations through sub-sections 1.1, 1.2.3 and 1.3 on staff officers not being entitled to enjoy political rights, specifically on the establishment of election candidacy or executing initial actions for the purpose of election candidacy. These provisions have been violated by the Director’s actions.

We urge the Election Commission to take immediate action to initiate an investigation on the conduct of the said Director who should be aware of the limitations imposed on a staff officer yet has intentionally both violated the election law and disregarded the medical profession’s rules and regulations related to the public service for the purpose of political gains.  

We urge the Election Commission to use for an investigation:

• Enclosed observation notes and records compiled by CMEV
• Acknowledgement by the Director himself that he engaged in such election campaigning
• The Director’s Facebook page: https://www.facebook.com/DrSarath-Weerabandara-105479324381092/
• An article published in the Ravaya newspaper on March 05, 2020 titled “Hospital Director Disdains the Law”

Your attention and action on this matter will be highly appreciated.

Manjula Gajanayake,
National Coordinator,
CMEV

Copied to:

• Mr. H.M.T.D. Herath, Secretary, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. Saman Sri Rathnayake, Commissioner General, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.
• Mr. Suranga Ranashinghe, Assistant Election Commissioner, Election Commission, Election Secretariat, Sarana Road, Rajagiriya.

CMEV will be monitoring election law violations, campaign expenses & social media activity, and conducting voter education during the upcoming #GenElecSL as well.

Join us through Facebook, Twitter (twitter.com/cmev) and cmev.org.
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The Extraordinary Gazette notification by the President dissolving Parliament was published on midnight March 02, 2020. The General Election will be held on April 25, 2020, while nominations would be accepted between March 12 and 19. The new Parliament is to meet on May 14, 2020.