Sri Lanka

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