CMEV

North Central and Sabaragamuwa Provincial Council Elections – 23rd August 2008 2300 hrs- Media Communiqué No. 7

North Central and Sabaragamuwa Provincial Council Elections 23rd August 2008 – Media Communiqué No. 7 CMEV deployed stationary observers in 420 polling stations, 11 mobile teams and 28 field monitors in the two provinces. During the course of the day 976 polling stations were visited of the 1768 polling stations in both provinces. CMEV notes that apart from a few serious incidents and in comparison with previous provincial elections, Polling Day of the elections to the Sabaragamuwa and North Central Provincial Councils was relatively incident free.  The expectations of violence that were based on the incidence of violence in the last three days of the campaign in particular, were fortunately not met.  Accordingly, CMEV acknowledges the positive impact of the announcement by the Election Commissioner that he would order a re-poll in areas where violence and malpractice were confirmed to have occurred, as well as his decision to strengthen law enforcement in the areas that recorded high levels of violence throughout the campaign. Likewise, CMEV also acknowledges the positive impact of the actions of the police in those areas where its presence and commitment was reinforced. As emphasized in its earlier communiqué of today (Communique 6, August 23, 2008), the effective disenfranchisement of voters on account of them not having the required identity documentation, is a cause for serious concern.  No citizen should be deprived of the fundamental right to exercise franchise. Be it because of a failure of communication or administrative delay, the resulting, effective disenfranchisement of voters has deprived citizens of the right to participate in the basic process of choice and change in a functioning democracy.  This needs to be addressed as a matter of priority.  CMEV strongly urges the Elections Commissioner to initiate an independent inquiry into what transpired and to hold to account officials found to be responsible for this.  We also strongly urge the authorities to take similar action in respect of local officials who are found to be similarly responsible. CMEV has supported the mandatory use of the National Identity Card (NIC) for voter identification, but reiterated that its use for this purpose should not result in the deprivation of fundamental rights and to the disadvantage of citizens.  Consequently, we repeat our call for the expediting of the issue of NICs.  The prospect of further elections in the near future, underscores the importance and urgency of this. In this context, CMEV also repeats it call for the full implementation of the Seventeenth Amendment to the Constitution, which provides for the establishment of independent commissions for elections and the police – an issue which the constituent organizations of CMEV have, and continue to lobby and litigate on. In the course of these elections, CMEV also monitored the media coverage of the election campaign.  We found that in the case of both the print and electronic media, state controlled media organs were comprehensively biased in favour of the ruling coalition.  The private print media organs were also found to exhibit partisan bias.  CMEV calls on the Commissioner, to issue guidelines to the media, even during provincial elections and reminds the state media in particular, of a primary obligation to serve the public interest. We call upon all media organs to observe internationally recognized guidelines for reporting during elections. An illustrative sample of the incidents of violence and malpractice reported by CMEV monitors is provided below. Assault of a polling agent and parliamentarian At least four JVP supporters were assaulted near the Galthamburawa Junior School (Polling Station 92) in the Polonnaruwa Electorate.  One of the assaulted included JVP candidate Chandraratna Kumara.  JVP parliamentarian S.K Subasinghe who rushed to the scene was instructed to report to the nearest police station. While Mr. Subasinghe was enroute to the station, he was pulled over by a gang of UPFA supporters and attacked. Mr. Subasinghe and three of his supporters sustained injuries. They were all admitted to the hospital with injuries.  The JVP has alleged that the attackers were supporters of Minister Maithripala Sirisena’s brother, Chaminda Sirisena, a UPFA provincial council candidate for the North Central Province. This incident, which occurred at around 4.45 p.m, was reported to CMEV by the JVP. Two children hurt in attack on UNP candidate A vehicle belonging to UNP provincial candidate G.P.K Kumara Nelson was stoned near the Bandiweva Maha Vidyalaya (Polling Station 71), Jayanthipura, Polonnaruwa Electorate, Polomaruwa District. Two children who were by the road side were injured during the course of the attack and were admitted to the Polonnaruwa hospital. They alleged that UPFA persons had stoned the vehicle. Election monitor assaulted in Kegalle A monitor connected to the Campaign for Free and Fair Elections (CAFFE) was assaulted by supporters of UPFA Chief Ministerial candidate Mahipala Herath near the Walpola Junior School (No. 15) in Rambukkana. The mob had used a T- 56 rifle to carry out their attack. The victim, Sampath Kumara, was admitted to the Kegalle Hospital. Threat and intimidation of candidates, polling agents and supporters Prabath Weerawansa, son of the UPFA former minister G. Weerawansa, had threatened to kill National People’s Party Polling Agent Senaka Chandana at the Polling Station at the Olambawa Community Hall (Polling Station 13), in the Kekirawa Electorate, in the Anuradhapura District. At the same Polling Station, Prabath Weerawansa and his supporters had also damaged the vehicle of Priyaranjana Rathnayake, a National People’s Party candidate. In Wiyeyaramaya Polling Station (Polling Station 11) in Kalaweva Electorate, Anuradhapura District, a UPFA Rajangana Pradeshiya Sabha representative D.M. Wimarshana Prabath Vithana threatened a UNP supporter named P. Sampath Rajindra. Voter intimidation Two separate incidents of voter intimidation were reported from Wee-Oya Junior School (Polling Station 29) and Malalpola Maha Vidyalaya (Polling Station 18 ) both in the Yatiyantota Electorate, Kegalle District. In both incidents unidentified persons who drove in Defender Jeeps had shot into the air. CMEV was informed by the Senior Presiding Officers in both stations that they had not witnessed the incidents but had heard gunshots. CMEV was informed that other Polling Officers had witnessed the

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North Central and Sabaragamuwa Provincial Council Elections – 23rd August 2008 18.30 hrs – Media Communiqué No 6

North Central and Sabaragamuwa Provincial Council Elections 23rd August 2008 – Media Communiqué No. 6 On Election Day CMEV has received 42 complaints of election related violence of which 27 have been classified as major incidents. These include seizing of polling cards, threat and intimidation of voters, shootings near polling centers, chasing away of polling agents, assault and threats to election monitors and party supporters. Of particular concern are reports that a number of voters both in the Sabaragamuwa and North Central Provinces were deprived of their right to vote because of the lack of appropriate identity documents. CMEV spoke to the National Organiser of the the CWC, Mr. Yogarajan who stated that out of approximate 95,000 Upcountry Tamils who are registered voters in the Sabaragamuwa Province 10% were unable to cast their vote because of this. CMEV has also received reports from its monitors and political parties of other incidents of this nature, suggesting that the overall figure in both provinces of those who were effectively disenfranchised could be high. As at the close of polls, CMEV had received reports of over 570 persons being so deprived in the areas of Dedigama, Deraniyagala, Eheliyagoda, Kegalle, Kolonna, Mawanella, Rambukkana, Ruwanwella and Yatiyantota in the Sabaragamuwa Province and Anuradhapura West, Horowapathana, Kekirawa, Medawachchiya, Polonnaruwa in the NCP. According to a notice issued by the Election Commissioner on 16th July 2008, eight forms of identification were listed as accepted documentation for voting. A clear procedure was set out in the above notice which provides alternatives for those who lack any of the eight forms of identification. Whilst CMEV has supported the use of national ID cards as mandatory for the purpose of voter identification, it has always maintained that this should not be implemented to the detriment of any voters. Whilst we recognize that interim measures were devised and publicized, the scale of effective disenfranchisement clearly demonstrate the need for more proactive dissemination of information amongst citizens and effective communication of these procedural requirements to the relevant government officials. We therefore call upon the Election Commissioner to conduct an independent investigation in to what has transpired at these elections and to take all necessary steps to ensure that officials are aware of these requirements in the event that they have to be resorted to in the future. It is imperative that officials found responsible for what is clearly a violation of a fundamental right are held to account. We also strongly urge the authorities to expedite the issue of outstanding ID cards. DR.PAIKIASOTHY SARAVANAMUTTU (CO-CONVENOR) MR. UDAYA KALUPATHIRANA (CO-CONVENOR) MR. UVINDU KURUKULASURIYA (CO-CONVENOR)

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North Central and Sabaragamuwa Provincial Council Elections – 23rd August 2008 09.30hrs – Media Communiqué No 5

North Central and Sabaragamuwa Provincial Council Elections 23rd August 2008 – Media Communiqué No. 5 CMEV monitors report tension on the ground in certain polling divisions in the two provinces.  Of particular concern are reports from monitors identifying government ministers engaging in voter intimidation.  CMEV condemns the involvement of Ministers in violation of the Elections law and calls upon the government to act immediately to stop this. CMEV monitors report that the brother of UNP member Upul Bandara and a person named Roshan, have been assaulted by a group of people led by Minister Mahindananda Aluthgamage. The Minister and his retinue are currently in the vicinity of the Zahira College polling station (No.33 and 34) in the Mawanela electorate, Kegalle district, threatening and intimidating UNP voters. CMEV monitors further report that they are traveling in six vehicles, none of which have license plates. In the Balangoda electorate of Sabaragamuwa, at No. 13 Balangoda CC M.V (Tamil), it is alleged that Minister Jagath Pushpakumara and his supporters have snatched the polling cards of JVP supporters. They are also allegedly threatening voters arriving at the polling station. This was reported to CMEV by its mobile team in Balangoda. In the Polonnaruwa electorate, at the Nuwaragala Pihitigala polling station (No. 10), the chairman of the Dehiyattiyakanda Pradeshiya Sabha and Upali Rajakaruna representative of the Dimbulagala PS have been seen travelling around the town area intimidating UNP supporters and preventing them from voting.  Mr. Henrik Appuhamy, a former UNP PS representative, reported this to CMEV. There are a number of other major incidents, which militate against the conduct of a free and fair election. Inability to prove identity It was reported to CMEV that 10 persons who came to vote have been sent away by the SPO of A/ Sinhala Kakulbendidigiliya (No.2) in Horowpathana electorate of Anuradhapura district at about 9.00am, because they could not prove their identity. These persons did not even have temporary identification documents. In the Anuradhapura West electorate, at polling station number 04 Adampanai Sudharsha M.V, four persons have been prevented from exercising their franchise as the SPO refused to recognise their identity cards. Fraudulent Voting One incident of fraudulent voting is reported from Polonnaruwa electorate from R.K. Indrananda, the Group Leader of JVP in Polonnaruwa. A person named K. P. Kumarasiri has allegedly voted in two Polling Stations namely, Dharma Wijayarama Polling Station (No. 33) and Girithale Junior School (No.35). Chasing away of voters Mr. Thushara Karunaratne of JVP reported to CMEV monitor that the supporters of Mangala Master of UPFA, armed with guns, chased away the people who came to vote at about 0630 to  Palliyagodella Muslim Junior School (No.33) in Polonnaruwa. Opposition Polling Agents chased away from Horowpathana polling Station At 7.40 am today, in Horowpathana, Anuradhapura district, UNP polling agents were chased away from the A/Mukkarawewa Vidyalaya Polling Station (No.06) by the Horowpathan Pradeshiya Sabha chairman, A.R.M Hussein.  The incident was reported to CMEV by UNP leader P. Saheel. Campaigning continues in Nadola although polling has begun Posters bearing the numbers of two UPFA candidates were spotted within 500 metres of the Nadolakanda Vidyalaya (No 71) polling station, in the Ratnapura district. The two candidates concerned are UPFA candidates Ravindra Ranaveeraarachchi and Vijitha Punchihewa. Posters and hoardings still displayed in Ratnapura A similar incident has been reported nearby the Seevali Counting Centre in Ratnapura town where posters and hoardings of candidates from all parties are still seen prominently displayed. In the Minneriya Electorate of Polonnaruwa, NC Prov, near Bakamuma Mahasen Central Collage, Lionel Samarasekara of JVP complained about the display of UPFA election posters and materials continuing on Election Day. Field reports indicate that the supporters of Mr. Imitias Cader, candidate No.05 of UPFA were travelling around the polling station Beragala Junior School in Kegalle, in a white Caravan bearing the no. 52- 1995, pasting posters, at about 7.00 am. CMEV monitor Herath reports that there were campaign leaflets of Mr. Maheepala Herath, the UPFA Chief Minister candidate to be seen around the polling station – Elengipitiya Junior School  in Aranayake at about 7.40 am. CMEV draws attention to the above violations of election law.  The continuation of campaigning beyond midnight, August 20th is contrary to clause 70 of the PC Elections Act no 2 of 1988.  The use of violence and the abuse of state resources is a serious threat to the integrity of the electoral process.  CMEV calls on the authorities to call a halt to this, even at this late stage in the current electoral process. DR.PAIKIASOTHY SARAVANAMUTTU (CO-CONVENOR) MR. UDAYA KALUPATHIRANA (CO-CONVENOR) MR. UVINDU KURUKULASURIYA (CO-CONVENOR)

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Election Day violence map and RSS feed now live!

A map plotting violence and other incidents related to the Sabaragamuwa and North Central Province Elections on 23 August 2008 is now live. Please access it directly here and access the map of violence in the lead up to this election here. Incidents will be added throughout the day. Please check often or subscribe to the map’s RSS feed here.

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Maps of election violence in the lead-up to North Central and Sabaragamuwa Provincial Council Elections in Sri Lanka

A map of elections related violence in the lead up to the North Central and Sabaragamuwa Provincial Council elections is now live. Click here to access the map directly. Click here to access other maps by CMEV of elections in the past.

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Video of Eastern Provincial Council Election results and CMEV Interim Report on election violence

Video of Eastern Provincial Elections results and CMEV press conference on the release of its Interim Report on election violence. For higher quality version and to download the video, click here.  Video courtesy Young Asia Television

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Eastern Provincial Council Elections, May 2008 – Recommendations of CMEV

The conduct of the election clearly reinforces the urgency and pivotal importance of implementing the 17th Amendment to the Constitution in full.  This entails the reconstitution of the Constitutional Council and its nomination of members to independent commissions, including commissions for the Police, Elections and Public Service – all of which have key responsibilities for the conduct of free and fair elections. The serious problems observed by monitors regarding the conduct of the Police and officials responsible for the conduct of a free and fair election demands this. Political parties need to ensure that their Polling Agents are present in the Polling Stations and are not deterred in fulfilling their responsibilities by threat, intimidation and assault prior to Polling Day and on Polling Day. The procedures agreed upon with regard to Voter identity and the required documentation with regard to this, must be clearly communicated to the officials in the Polling Stations and strict implementation ensured. IDs required for voting must be such that they cannot be easily forged. Given the violence and malpractice that takes place outside of the Polling Station and the impact it has on the exercise of the franchise, procedures must be put in place to ensure that reports of these violations are taken into account when considering whether annulment and re – polling is necessary. Steps should be taken to ensure that the detailed reports of election observers/monitors stationed in Polling Stations can be received by their organizations in time to be communicated to the Election Commissioner, before the counting of votes commences. Also see Eastern Provincial Council Elections Interim Report of CMEV – May 2008.

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Media Conference on election-related violence – Eastern Provincial Council Election, May 2008

A MEDIA CONFERENCE TO PRESENT FINAL REPORT ON ELECTION-RELATED VIOLENCE, EASTERN PROVINCIAL COUNCIL ELECTION – 2008 WILL BE HELD AT 3.30 PM TODAY (12TH INSTANT) AT LIBRARY SERVICES AUDITORIUM, INDEPENDENCE AVENUE, COLOMBO 7. PLEASE BE KIND ENOUGH TO SEND A RESPRESENTATIVE OF YOUR MEDIA ORGANISATION.   DR.PAIKIASOTHY SARAVANAMUTTU MR. UDAYA KALUPATHIRANA MS. SEETHA RANJANI

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“Large scale impersonations, intimidation and widespread violence” – Interview with Sunanda Deshpariya (in English and Sinhala)

Interview with Sunanda Deshapriya of the Free Media Movement (FMM) which is part of the CMEV, conducted at around 7.20pm today. Sunanda was in the East heading some of the CMEV monitoring efforts and was still in the field when this interview was conducted.  Listen to his interview streamed in English here or download as a MP3 file by clicking this link.  Listen to his interview streamed in Sinhala here or download as a MP3 file by clicking this link.   

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