An Independent Election Commission That Doesn’t Hold Elections?
Prof. S. Ratnajeevan H. Hoole
I belong to the so-called Independent Election Commission. I do not know why they call us Independent because I do not see that word in any of the legal instruments that appointed us. That, however, is the perception of the public. They expect us to act independently and hold the long overdue local government (LG) Elections immediately. It is a normal expectation in a democracy.
In the meantime, many contradictory statements with different dates by the Minister for Provincial Councils and Local Government (Faiszer Musthapha), the President, and the PM, among many others, have added to the confusion. The Island editorial (13.10.2016) gives as reason “The entry of a new political force led by the Rajapaksas into the fray will make the situation worse for the ruling coalition” and bets its bottom dollar that “the government will postpone the mini polls indefinitely on the pretext of finalising electoral reforms.” The evidence seems to suggest that The Island is right.
The Joint Opposition periodically visits the Commission demanding LG Elections. Everyone outside the government blames us saying we are independent and must hold elections. The JO at a public meeting even accused our Chairman of being partial to the government. We are the punching bag.
The President however spelt out the exact nature of our independence when Economy Next (12.10.2016) reported that the President “warned secretaries of independent commissions that it was he who had appointed him [sic., them] and they should know their “limits” and must keep him informed,” adding that he had decided to speak out and take “stern action.”
At least on the Election Commission, our Secretary is appointed by us and not the President, and we are answerable only to Parliament, not to the President. We Commission Members accepted our positions believing we would be truly independent. We began saying we are an independent commission and will not be summoned by anyone except by Parliament, the only entity to which we report. We have progressively learnt otherwise, culminating in this Presidential threat.
With many things in Sri Lanka being illegal including the apparent sweeping under the rug of night club brawls, the threat is chilling. Worse, in that same Economy Next article, the President said, “military commanders who led a successful campaign to crush separatist Tamil Tiger rebels in May 2009 should not be humiliated by bringing them to courts.” In other words, total impunity and hero-status to those who butchered Tamil civilians in the tens of thousands. That is even more chilling.
