Statement on Disruptions to the Local Government Elections 2023

CMEV expresses its deep concern about the indefinite postponement of the postal voting for the LocalGovernment Election 2023. It has been reported that this is due to the Government Printer’s refusal tosubmit the printed postal voting ballot papers on time to the Election Commission. CMEV learnt that the Government Printer sent a letter to the Election Commission yesterday, February13, 2023, informing it that it is unable to process the printing of ballot papers until the full cost for theprinting is made by the Commission. This was in line with the President’s recent direction on January 31,2023, to heads of government authorities to not purchase services on a credit basis. CMEV believes that the disruption of the postal voting could impact holding the Local GovernmentElection 2023 as scheduled on March 9, 2023. The Government’s actions have created immenseuncertainty for voters regarding the Local Government Election, and this is a direct violation of the rightto vote that is guaranteed for all citizens under the Constitution of Sri Lanka. CMEV highlights it is theresponsibility of the Executive to create an enabling environment for conducting the Local GovernmentElections, as per the Constitution. The conduct of the Government Printer is specifically a violation of Article 104B(2) of the Constitutionwhich states that it is the duty of all authorities of the State to co-operate with the Election Commissionto enforce all laws relating to holding elections. Refusal or failure to carry out this duty is a criminal offenceunder Article 104GG of the Constitution. CMEV specifically urges the Election Commission to exercise itspowers under this Article to take action against the Government Printer and any other public authoritydisrupting the election process. Download in Sinhala Download in Tamil Download in English

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Report election violence and misconduct to CMEV

The Centre for Monitoring Election Violence introduced a hotline for reporting election violence or any kind of misconduct related to local government election 2023. If you have been subjected to violence, threats or social media harassment during the local government election campaign season as a candidate or a voter , or if you have experienced illegal campaigning or misuse of public property for election campaigning, please call us through the below numbers. Sinhala Medium Calls – 0112 584 051 Tamil Medium Calls – 0112 584 047

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Conference on newly enacted Election Campaign Finance Regulations Act

Centre for Monitoring Election Violence together with Transparency International Sri Lanka conducted a conference on newly enacted Election Campaign Finance Regulations act with the participation of civil society representatives , Social and Political Activists and other interested parties. Hon Minister Wijeyadasa Rajapaksha ( Ministry of Justice ,Prison and constitutional reforms ) ,Mr Anthony Banbury (President and CEO of IFES) Dr. Paikiasothy Saravanamuttu (Co-Converner-CMEV) ,Mr Mahinda Deshapriya (Chairmen ,NDC)  , Ms Sankhitha Gunarathne (Deputy Excecutive Director – TISL) were the keynote speakers while Mr Saman Sri Ratnayaka ( Commissioner General – EC) , Ms Silja Pasilinna (Chief of Party, IFES) Mohamed Ziyad(TISL), Hareendra Banagala AAL, Anuradha Kandanage AAL,joined the panel discussion which was facilitated by Mr Luwie Ganeshathasan. Mr Saman Sri Ratnayaka revealed that the above act will be in power from this election onwards where the individuals and the parties will have to disclose their audited election expense reports to the elections commission. Mr Deshapriya emphasized on the fact of importance of using a digitalized platform to collect above data and also appreciated the efforts of the former and current election commissions and civil societies for their efforts on making this bill a reality. Minister Wijeyadasa Rakapakshe mentioned that the government did not have any intention of using this bill to postpone the elections while they are looking forward to bring in more amendments to the elections act in order to strengthen the election finance regulation laws. It was highlighted on the importance of the engagement of public and activists in order to keep improving the newly enacted act to ensure the atmosphere for fair elections.

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Statement on death threats received to two members of the Election Commission

CMEV learnt that it is alleged that two members of the Election Commission, Mr. K.P.P. Pathirana and Mr. S.B. Divaratna were threatened with death if they did not resign from the Commission, last evening via WhatsApp. CMEV vehemently condemns such undemocratic and violent actions and calls for complete transparency in investigations which have already been commenced by the Criminal Investigation Division (CID) of the Police. CMEV also expresses its concern over several efforts taken by different parties to postpone scheduled Local Government elections and the possibility of this incident being associated with these efforts. Therefore, we urge the government to ensure a peaceable and secure environment for all the actors including election officials to conduct the election without any undue influence and within the period of time stipulated in the Local Government Elections Ordinance. CMEV also urges the Election Commission to ensure that any such deplorable incidents will not cause further delays in Local Government Elections. CMEV was formed in 1997 by the Centre for Policy Alternatives (CPA), the Free Media Movement (FMM) and the Coalition against Political Violence as an independent and nonpartisan organization to monitor the incidence of election-related violence. Currently, CMEV is made up of CPA, FMM and INFORM Human Rights Documentation Centre. Dr. P. Saravanamuttu – Co – Convenor Mr. Lasantha De Silva – Co-Convenor, Mr. Udaya Kalupathirana – Co-Convenor Download the statement in Sinhala Download Statement in Tamil Download the statement in English

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Press Statement on the Unconstitutional move of the Secretary of the Ministry of Public Administration, Home Affairs, Provincial Council and Local Governments

CMEV express its deep concern about the letter issued by Neil Bandara Hapuhinna, the Secretary of the Ministry of Public Administration, Home Affairs, Provincial Council and Local Governments instructing District Secretaries to refrain from accepting deposits from candidates expecting to contest in upcoming Local Government Elections on January 10, 2023, as mentioned in the letter, according to a cabinet decision taken on January 09, 2023. According to the Sri Lankan Electoral Legal framework, District Secretaries are appointed as Returning Officers and as the signatory authority for all administrative affairs in respect of upcoming Local Government Elections, by a gazette notification, after the Election Commission issues the notice of elections. The Election Commission appointed District Returning Officers and Assistant Returning Officers by the extraordinary gazette bearing No.2311/26 and dated December 21, 2022. CMEV maintains that undue influence made by the cabinet against District Returning Officers who now serve as heads of the District Election Operations, is a clear threat to the democratic electoral process. CMEV appreciates the prompt move of the Commissioner General of Election to elaborate on the responsibility of the District Returning Officers following the appointments according to Section 4(1) of the Local Government Elections Ordinance and the gazette the extraordinary gazette bearing No.2311/26. CMEV is also cites Article 104F of the Sri Lankan constitution to emphasize their constitutional duty. 104 F (1) ) “The Commission shall from time to time by notice published in the Gazette appoint by name or by office a person to be a Returning Officer to each electoral district, and may appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.” 104 F (2) “Every Officer appointed under paragraph (1) shall in the performance and discharge of such duties and functions as are assigned to him, be subject to such directions as may be issued by the Commission and shall be responsible and answerable to the Commission therefor.” According to the above provisions in the constitution, the directives issued by the Secretary of the Ministry of Public Administration, Home Affairs, Provincial Council and Local Governments are unconstitutional and obeying such directives constitutes a violation of the constitution.[1] CMEV notes the decision of the Secretary of the Ministry of Public Administration to revoke the letter immediately, following objections from all concerned parties. We urge the government and all the actors responsible for ensuring the democratic governance of the country to refrain from making any efforts that violate the fundamental right of the people to exercise their franchise. Dr. P. Saravanamuttu – Co – Convenor Mr. Lasantha De Silva – Co-Convenor, Mr. Udaya Kalupathirana – Co-Convenor Download Statement in Sinhala Download Statement in Tamil Download Statement in English

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GEWG Appeals to Political Parties to Nominate Women to Contest Local Council Elections

CMEV together with the Gender and Election Working Group(GEWG) conducted a press conference on 09 January 2023 to request all political parties to ensure better representation and safer participation for women in Local Government Elections. D.M. Dissanayake, Chief of Operation, CMEV stated that Sri Lanka is still considered a country with a lower women’s representation in politics according to the world classification in 2022 by the Inter-Parliamentary Union and Global Gender Gap index in 2021. Still, the 25% women quota introduced in 2017 has not been able to fulfil the expected participation of women in politics. Ms Kanaka Abeygunawaradana, Convener of the GEWG pointed out that women’s representation is still limited to the legal requirement of the nomination process. Most of the women who contested in the last LG elections entered into politics as they were relatives of male politicians or close friends of party officials. She urged all political parties to give priority to active and capable women at the village level to include in nomination lists.  Ms Abeygunawardana further emphasized that political parties should take necessary actions to prevent any illegal, unethical and seriously flawed practices such as asking for sexual bribes, support for some other male candidates’ campaigns or resigning after the election to give the seat to a senior person/male in the party. Ms Nalini Rathnarajah, a member of the GEWG, pointed out various forms Gender Based Violence that take place during the time of the election. Ms Nanda Kumarihami represented Persons with Disabilities (PWDs) emphasized the issues persons with disabilities face within the electoral process and the importance of electoral systems and processes being inclusive and responsive to their needs and requirements. She addressed the press conference with the sign language facility. 

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Elections Department – Mr. K. G. N. Bandara, was elected as member of Naula Pradeshiya Sabha (United Peyole’s Freedom Alliance)

No. 2313/63 – FRIDAY, JANUARY 06, 2023 Elections Department – Mr. K. G. N. Bandara, was elected as member of Naula Pradeshiya Sabha (United Peyole’s Freedom Alliance) Download in Sinhala Download in Tamil Download in English

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Elections Department – Mr. W. I. R. Havischandra was elected as member of Kegalle Urban Council (United National Party)

No. 2213/62 – Friday, JANUARY 06, 2023 Elections Department – Mr. W. I. R. Havischandra was elected as member of Kegalle Urban Council (United National Party) Download in Sinhala Download in Tamil Download in English

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Elections Commission – Media Guidelines under Article 104 B (5) (A) of the Constitution of the Democratic Socialist Republic of Sri Lanka

No. 2313/33 – WEDNESDAY, JANUARY 04, 2023 Elections Commission – Media Guidelines under Article 104 B (5) (A) of the Constitution of the Democratic Socialist Republic of Sri Lanka Download in Sinhala Download in Tamil Download in English

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Elections Commission – Directions to Prevent the Misuse of Movable or Immovable Properties belonging to the State, State Corporation or Statutory Boards during the period of an Election

No. 2313/32 – Wednesday, January 04, 2023 Elections Commission – Directions to Prevent the Misuse of Movable or Immovable Properties belonging to the State, State Corporation or Statutory Boards during the period of an Election Download in Sinhala  Download in Tamil Download in English

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Elections Commission – Code of Conduct for Contesting Political Parties, Independent Groups and Candidates of the Elections

No. 2313/31 – Wednesday, January 04, 2023 Elections Commission – Code of Conduct for Contesting Political Parties, Independent Groups and Candidates of the Elections Download in Sinhala Download in Tamil Download in English

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