Professional Documents
Culture Documents
GRAVE
CONCERNS
FOR
A
FREE
AND
FAIR
PRESIDENTIAL
ELECTION
AND
THE
RULE
OF
LAW
20th
January
2010,
Colombo,
Sri
Lanka:
The
Centre
for
Policy
Alternatives
(CPA)
is
deeply
concerned
by
the
developments
this
week
that
suggest
the
remainder
of
the
election
campaign
and
the
presidential
election
itself
would
not
be
conducted
according
to
the
legal
procedures
and
limitations
established
by
the
Constitution
and
the
law.
The
Commissioner
of
Elections
appears
to
have
given
up
on
his
attempts
to
enforce
the
law
in
terms
of
his
powers
under
the
Seventeenth
Amendment.
He
has
withdrawn
the
Competent
Authority
appointed
to
regulate
the
state
media
institutions
due
to
the
refusal
of
those
bodies
to
implement
the
directions
of
the
Competent
Authority.
He
has
also
publicly
stated
that
he
would
not
be
issuing
any
more
directions
to
the
Police,
because
his
directions
are
not
being
followed.
On
other
matters
regarding
the
misuse
of
public
property,
in
particular
over
the
misconduct
of
the
Telecommunications
Regulatory
Commission,
the
Commissioner
has
not
taken
any
demonstrable
measures.
We
unequivocally
maintain
that
the
failure
and/or
refusal
of
public
officials
and
other
persons
to
follow
the
directions
of
the
Commissioner
and
the
Competent
Authority
is
a
clear
breach
of
a
legal
duty
imposed
by
the
Constitution.
That
such
officials
feel
able,
by
refusing
to
act
according
to
the
directions
of
the
Commissioner,
to
violate
the
Constitution
and
election
laws
illustrates
the
contempt
and
disregard
with
which
the
Rule
of
Law
is
held
in
Sri
Lanka
today.
However,
we
also
state
that
the
Commissioner
himself
is
under
a
constitutional
duty
to
duly
exercise
his
powers
under
the
Seventeenth
Amendment,
notwithstanding
any
pressure
brought
upon
him
or
in
the
face
of
non-‐cooperation
from
public
officials.
We
note
that
the
Commissioner
has
recourse
to
the
writ
jurisdiction
of
the
Supreme
Court
to
have
his
directions
enforced
in
this
regard;
a
course
of
action
he
has
chosen
to
ignore.
The
result
is
that
an
undesirable
perception
is
created
that
the
Constitution
and
the
law
can
be
broken
or
disregarded
with
impunity.
Moreover,
more
transparency
and
public
information
from
the
Commissioner’s
office
would
have
helped
the
Commissioner
by
generating
public
support
for
his
endeavours.
In
the
context
of
a
keenly
contested
election
in
which
there
is
a
rising
trend
of
violence
and
the
possibility
of
widespread
election
malpractice
(including
serious
unresolved
problems
and
public
confusion
over
voter
registration,
electoral
lists,
voter
identification
and
other
matters),
it
is
critical
that
the
powers
of
the
Commissioner
are
not
neutralised
in
any
way.
A
free
and
fair
election
according
procedure
established
by
law
is
in
the
interests
of
all
the
citizens
of
Sri
Lanka.
It
is
also
in
the
interests
of
those
contesting
this
historic
first
post-‐war
presidential
election
that
there
is
no
scope
for
question
of
the
integrity
of
the
electoral
process
GRAVE
CONCERNS
FOR
A
FREE
AND
FAIR
PRESIDENTIAL
ELECTION
AND
THE
RULE
OF
1
LAW
|
CPA
Press
Release
and
the
legitimacy
of
the
outcome.
This
election
is
a
litmus
test
of
our
continuing
commitment
to
democracy
and
the
Rule
of
Law.
It
is
also
the
basis
of
our
commitment
to
post-‐war
peacebuilding
and
reconciliation.
CPA
therefore
asks
the
Commissioner
of
Elections
to
exercise
his
powers
without
fear,
that
public
officials
discharge
their
duties
impartially
and
according
to
the
law,
and
requests
the
candidates
and
their
supporters
to
desist
from
conduct
that
is
against
the
law
or
inimical
to
democratic
values.
We
also
call
upon
voters
to
actively
condemn
instigators
of
election
violence
and
malpractices,
irrespective
of
party
affiliation,
in
order
to
ensure
an
electoral
process
and
outcome
more
reflective
of
essential
democratic
values
shared
by
all.
GRAVE
CONCERNS
FOR
A
FREE
AND
FAIR
PRESIDENTIAL
ELECTION
AND
THE
RULE
OF
2
LAW
|
CPA
Press
Release