Author: TELO Admin

The People’s Action for Free and Fair Elections (PAFFREL), a polls monitor, will file two Fundamental Rights (FR) petitions at the Supreme Court (SC) against the relevant authorities for not holding the Provincial Council (PC) elections, and for not declaring the Local Government (LG) election within the required timeframe.

Speaking to The Morning on Tuesday (29), PAFFREL Executive Director Rohana Hettiarachchi noted that the fundamental rights of the people are being infringed when both the said elections are not held or declared within the required time period.

“When it comes to the LG election, it seems like it will not be declared on time, while the PC elections have not been held for the past three years now. Therefore, we have decided to take legal action within the next two weeks,” he added.

He further noted that even though the United National Front-led “yahapalana” (good governance) Government initially brought about an amendment on the women’s quota for nomination with a two-page document, when the Bill reached the second reading stage, it had increased up to 32 pages, with a completely new electoral system that the Delimitation Commission had to complete, which, however, it did not. Even the relevant Minister at that time did not agree with these delimitation-based amendments.

“The current Government led by President Ranil Wickremesinghe is the third government that came to power after the ‘yahapalana’ Government. So far, all of the politicians have failed to proceed with the PC elections. They had to complete the delimitation and reverse the previous electoral system. That is why we have decided to file a FR petition for the PCs elections as well. There is evidently no preparation and intention to hold elections. Some PCs’ terms expired five years ago, while others expired three years ago. There are no elected representatives; they are operated by the President’s representatives,” he added.

Meanwhile, PAFFREL wrote to the Election Commission (EC) on Monday (28 November) claiming that it is unnecessary to seek the Attorney General’s (AG) opinion with regard to whether the EC can declare the conduct of the LG poll following the enactment of the 21st Amendment to the Constitution which holds that the EC should be reconstituted, but also provides for transitional provisions to be operative in the interim period, and pointed out that EC Chairmen in the past have held elections in such interim and transitional periods. Hettiarachchi queried as to why incumbent EC Chairman Nimal Punchihewa cannot hold elections when former EC Chairmen Dayananda Dissanayake and Mahinda Deshapriya had held major elections in the past during such periods.

Also, the EC stated on Tuesday that while it had received the legal advice sought from the AG’s Department on whether it has the power to declare the LG election following the adoption of the 21st Amendment to the Constitution, it is however not in a position to reveal the advice received, noting that a decision will be taken following internal discussions. Speaking to The Morning, Punchihewa emphasised that although the EC had sought advice from the AG’s Department, the advice received cannot be revealed even under the Right to Information Act, while adding that the EC would hold internal discussions to make the relevant decisions.

He also told The Morning earlier that a declaration regarding the date of the LG election will be made by the EC, in early next year (2023). He noted: “Our expectation is to hold the LG election before 20 March 2023.”

Sri Lanka opposition leader Sajith Premadasa has vowed to bring millions to the streets in defiance of a controversial statement by President Ranil Wickremesinghe that he would use the military to block another uprising.

Speaking at an event organised by the main opposition Samagi Jana Balawegaya (SJB) in Negombo on Saturday November 26, Premadasa said the SJB under his leadership would defeat efforts by the Wickremesinghe government to quell protests.

“The president and government groups are saying in parliament that if another people’s struggle comes, they will suppress it using the military. That they will use the Prevention of Terrorism Act (PTA) to suppress the struggle. We’re not prepared to be cowards,” said Premadasa.

“We’re told to obtain permission to go on a political march on the road. If this is a challenge, the SJB and the SJB alliance under the leadership of Sajith Premadasa, [are prepared] to come out to the road in the millions. We will defeat these hollow boasts of the government using the power of the people,” he said.

Addressing parliament last week, President Wickremesinghe said the authorities will block any unlawful protests aimed at toppling the government. The state forces and a state of emergency would be used for this purpose, he said. However, peaceful protests may continue as long as permission is obtained from the police, he said.

President Wickremesinghe, who had long maintained the image of a democrat and a statesman, has been under fire both locally and internationally ever since he assumed the presidency for an alleged intolerance of protest.

He has been courting controversy since his ascend to Sri Lanka’s all powerful executive presidency, with activists, civil society groups, human rights defenders and opposition legislators critcising him for what they claim has been a crackdown on peaceful protest – the same series of youth-led peaceful protests that unseated his predecessor Gotabaya Rajapaksa, landing him the highest seat of power in the land.

His recent pronouncements on human rights activists have not helped matters.

Wickremesinghe and his defenders, however, claim that he is still a liberal democrat who respects the right to free speech and peaceful assembly, and that he only wants to stop the more extremist elements that they claim have hijacked the protests with a view to toppling the government through a violent revolt. These groups, government spokesmen and other backers of the president claim, are attempting to destabilise the country at a time when stability is crucial to economic recovery.

Government members and other critics of the SJB, meanwhile, argue that the main opposition party is using the Aragalaya to their own political ends and are criticising Wickremesinghe in bad faith. They claim that Premadasa and his party have forgotten or are pretending to have forgotten how the opposition leader was almost ambushed and attack by more violent elements within the protest movement on May 09.

Critics of the SJB also question the purported popularity of the party and its leadership with the public. Analysts question the party’s capacity to bring millions out on to the streets as claimed by the SJB leadership.

The party, however, is prepared to show its strength at an upcoming election, whichever one comes first.

The president, meanwhile, has said he has no plans to dissolve parliament anytime soon. A parliamentary election, according to him, may have to wait till Sri Lanka’s economy has sufficiently recovered.

The SJB and opposition parties have condemned this announcement as an undemocratic attempt at suppressing the people’s rights.