ECONOMYNEXT – A collective of high-profile lawyers in Sri Lanka has expressed “profound concern” about a commission appointed to propose electoral reforms, noting that, while reforms are imperative, there is an “apprehension” that the reforms might be intended to stall elections.
The commission of inquiry appointed by President Ranil Wickremesinghe and gazetted on Monday October 16, is reportedly mandated to examine all existing election laws and regulations. According to the lawyers’ collective, which includes President’s Counsel Saliya Peiris and Jayampathi Wickramaratne, the commission is tasked with making recommendations for the amendment of the existing election laws ostensibly to “suit current needs”.
The commission is chaired by retired Chief Justice Priyasath Dep PC.
“According to the constitution, the Elections Commission is already mandated to issue guidelines to the media and political parties for the proper conduct of elections. It has also prepared numerous reports on many of the matters outlined in the gazette notification,” the lawyers said in their statement, issued Thursday October 19.
“The notice published in the gazette outlines several objectives, many of which fall within the purview of the Elections Commission, the constitutionally mandated body responsible for ensuring the conduct of free and fair elections,” the statement said.
This has led to concerns about the motives behind the commission’s appointment, the lawyers said.
According to the collective, the objectives of the commission ostensibly include:
- Formulating an electoral system that blends the first-past-the-post system and the proportional representation system
- Increasing representation for women and youth
- Reducing the time between the declaration of an election and the release of results
- Exploring opportunities for electronic voting
- Facilitating voting for Sri Lankans overseas
- Expanding the use of postal voting
The commission is also charged with making recommendations for the formulation of media standards for the appropriate use of media by political parties and independent groups and introducing a code of conduct for political parties, independent groups and their membership in performing political and public affairs, the lawyers’ collective said citing the gazette notification.
The commission is also tasked with suggesting ways to strengthen laws and regulations related to the registration and operations of political parties, ensuring public trust and accountability.
“The Lawyers’ Collective notes with deep concern that the notification specifically calls on the commission to explore the possibility of allowing an individual to contest two elections for the selection of people’s representatives and to hold positions in both institutions simultaneously if elected. The collective is of the view that such a provision completely undermines the electoral process in a democracy,” the statement said.
The lawyers also claimed that the commission was appointed without prior consultation, “even with recognised political parties in parliament”.
“While electoral reforms are indeed imperative, we know that there have been Select Committees and other entities previously appointed to make recommendations to change the system. No action has been taken on these proposals for decades,” the statement said.
“The Lawyers’ Collective is very concerned about the timing of this particular proposal. There is an apprehension that these appointments might be intended to stall the electoral process in the country, especially when, according to the constitution, the presidential election is just 11 months away and is set to be conducted between September and October 2024,” it added.
Prior to the president withholding funds for the local authorities election, the prime minister appointed a purported delimitation committee, ostensibly to reform the electoral process for local authorities, the lawyers noted. Following this and despite a specific order of the Supreme Court preventing the treasury from withholding the funds for the holding of the local elections, , they said, the president and the government continue to withhold funds for the election.
“In light of the above considerations, the Lawyers’ Collective has called on the President not to use this Commission as a pretext to delay constitutionally mandated electoral processes.
“It further calls on the President to ensure that by legal design and for political advantage there is no further interference with elections and democracy at large,” the statement said. (Colombo/Oct19/2023)