Sri Lanka’s recent parliamentary election was one that might well be described as a “textbook” election. Paffrel (People’s Action for Free and Fair Elections), an electoral observer group, described it as “the most peaceful and fair election in the recent history of the country”. Coming as this did on the heels of the January 8 presidential polls, when widespread misuse of state resources was reported, there was a palpable sense of relief.
If I had to select the “man of the match”, it would have to be Mahinda Deshapriya, the elections commissioner. He proved himself to be a good umpire and came into his own recently. During the run-up to the snap presidential polls, he was unable to control the misuse of government media and vehicles. Former President Mahinda Rajapaksa’s stranglehold on power and his authoritarian regime had rendered free and fair elections virtually impossible. However, it was in the days just before the January 8 polls that Deshapriya was able to assert himself, with crucial help from the police. This ensured a narrow victory for Maithripala Sirisena.
[related-post]
Sirisena came to power on the plank of good governance, social justice and accountability. When he decided to call for an early parliamentary election on August 17, he allowed the elections commissioner a free hand. In turn, Deshapriya strengthened his position by inviting a large contingent of international and national observers. While I was a member of the nine-person Commonwealth Observer Group, there were also teams from the EU and the US, and observers from several other countries, including the election commissions of India, Maldives and Bhutan. Civil society played a far more important role than we see in India, their members fanning out into every province.
Deshapriya actively encouraged these groups and their constant feedback, in turn, propelled him to act against violations.
A major irony of the campaign lay in the law itself. Unlike India and most other countries, Sri Lanka’s electoral law actually discourages campaigning. The distribution of handbills and the display of placards, posters, photos, signs, flags and banners are banned during the campaign. These can be displayed only at the venue of a scheduled election meeting. Even door-to-door campaigning is restricted to 15 supporters of a candidate. As such, observers could have been forgiven for asking if an election was even taking place.
The obvious drawback was the undue reliance on advertising in both print and electronic media, which only parties and candidates with deep pockets can afford. Hopefully, the new government will amend these restrictive laws, and fulfil its promise to establish a full-fledged election commission.
The elections were contested against a backdrop of contradictions. While Sirisena threw his weight publicly against his predecessor, Rajapaksa, both belong to the same party — the Sri Lanka Freedom Party (SLFP). Technically, they were also part of the same coalition — the United People’s Freedom Alliance (UPFA). Sirisena, however, made a public statement on the eve of polling, that even if Rajapaksa obtained a majority, he wouldn’t appoint him prime minister.
Ranil Wickremesinghe has since taken over as PM. The coalition he headed fell short of the halfway mark of 113 in a 225-member parliament. At 106 seats, he was just about ahead of the Rajapaksa- led coalition, which obtained 95. Even as a national government has been set up, problems abound. The president, who is head of both state and government, will need to define the PM’s powers more closely. Under Rajapaksa’s presidency, the PM was a figurehead, for it was the president who presided over cabinet meetings. Constitutional changes have been promised. A plan to create a larger role for provincial governments, however, needs a two-thirds majority. So will other constitutional amendments. Rajapaksa may thwart these plans.
The new government is also expected to provide a healing touch to the wounds caused by ethnic strife between the Sinhalese and Tamils. An accountability commission may need to be set up to investigate the previous regime’s misdeeds. Meanwhile, the tilt against the West and India, and in favour of China, is apparently being corrected. Whether the contradictions can be sorted out remains to be seen. The government certainly has its task cut out.
The writer, a former chief election commissioner, was in Sri Lanka as a member of the Commonwealth Observer Group