4th April, 2004  Volume 10, Issue 38

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INTERVIEWS

"Violence due to preferential voting system"

John Cushnahan

The Chief Election Monitor, European Union (EU) Election Monitoring Team, John Cushnahan attributes most of the violent incidents to the preferential voting system that is prevalent in Sri Lanka. He is of the view that it was the main cause for inter and intra party clashes. He also said that most of the violence is politically motivated and that it is the politicians who could bring an end to violence during polls in the country. However, he said he was satisfied with the appointment of the Independent Police Commission and a special competent authority to run the state media.

Following are excerpts:

By Wilson Gnanadass

Q: You have monitored two elections prior to this in Sri Lanka. Was the monitoring of this election any different to the earlier elections?

A: We have not yet concluded the elections but much that is told by people is that the level of violence in this election is considerably low. I mean compared with the two previous ones. People also say that serious violence has occurred not because of clashes between political parties, but because of divisions within organisations outside the elections. Just because the level of violence is low this time we can’t be complacent. Sri Lanka has a proud tradition of democracy since 1931. This is something we don’t find even in some of the countries under the European Union.

The reason that is indicated to us for the low level of the violence is the enforcement of law related to posters. We understand this has contributed to serious violence in the past. Another factor contributing to this is the establishment of the Police Commission. The commission has been very positive and this has been the cause for the lower level of incidents.

Q: What are the areas of major concerns to you in this election?

A: Whether or not they have equal access to the media, whether there has been abuse of state resources, whether the impact of election violence affected the outcome of the election among others, have to be analysed later. And the media has been one of the controversial issues up to now and what we are doing now is compiling statistics of our analysis to assess the charges of biased reporting. And of course lots of people have logical criticism about the state media being in favour of the Freedom Alliance. But equally I must say at the same time that private media has also been accused of being biased towards the UNF. But until we complete our findings it would be difficult for us to come to a comprehensive conclusion. I suppose we have to take note of the fact that the elections commissioner himself has a strong case against the state media and appointed a competent authority to run it.

Q: How do you view the role of the media at this election particularly the state media?

A: Well we need to complete our analysis to comment on it properly. But the very fact that the elections commissioner took strong action implies that there is certainly great concern about the state media.

Q: Did all the political parties contesting the election extend their cooperation to enable you to discharge your duties sufficiently?

A: We have met leaders and members from all the political parties that were contesting the election. I have had many discussions with various parties not only here but even in places like Kurunegala, Jaffna and Trincomalee. Almost all political parties expressed to me that they are in favour of a free and fair election minus violence.

Q: What is your assessment of the role played by the police at this election?

A: Almost everyone has been saying that the police has been acting in a de-politicised manner this time. They also said that they were impressed with the creation of the Police Commission. But they were also concerned about police transfers. Allegations of some police officers being transferred have been brought to our notice and we are in the process of investigating these allegations.

Q: President Kumaratunga as the Interior Affairs Minister through the IGP affected many transfers as reported in the media bypassing the Police Commission for the specific purpose of handling election issues in several districts. Would you say that this is improper conduct at a time of an election?

A: We are trying to clarify the basis of these transfers. If the action taken outside the election rules is in conflict to the 17th Amendment of course it would be improper, but we cannot come to a conclusion as yet on this because we a are still carrying out our investigation into this.

Q: The President is also the leader of the UPFA and she has used her official status as well as her official residence to conduct election propaganda meetings with full state media coverage. In your view is this unethical and against a free and fair election?

A: We have received complaints about the abuse of public property and departments controlled by the government and the departments controlled by the President. These once again are allegations, which we are compiling information on and we will answer later on.

Q: How serious in your view have been the abuses of the electoral process on the part of the government, especially in the use of state resources?

A: In the two previous elections there was considerable emphasis laid on the use of state resources. There have been enough complaints on the misuse of state resources in this election too. Allegations have been made against a lot of people misusing state resources and some departments under the control of the President. Nevertheless in comparison with the previous two elections it is happening on a much lesser scale.

Q: You came out with a strong statement following the murder of the TNA candidate in Batticaloa last week. Are you holding any party responsible for the murder?

A: The general belief in the area is that it has more to do with the split within the LTTE. We are not in a position to come to a conclusion at this moment. But there is a general perception that it has something to do with the internal politics in Batticaloa.

Q: Would you say that the conditions in the north-east are conducive to hold a free and fair election?

A: I am surprised that in some parts there has been such a low level of statistics in violent incidents. I am also glad that all political parties are taking part in elections in these areas. However, some political parties have told us that it is hard to contest while other parties have said it is possible to contest. So this is also our concern as to whether or not the decision to locate the polling stations is to prevent violence or malpractices.

Q: Are you satisfied with the arrangements made for the Tamils to cast their ballot in the north-east, particularly where cluster polling is concerned?

A: This was an issue I strongly criticised last time. People coming from the uncleared areas were prevented from voting. I am hopeful that this time there would not be a repetition of the earlier situation.

Q: Going by the number of election related incidents that have been witnessed, how would you compare Sri Lanka with other developing countries?

A: I was also monitoring elections in Pakistan and there was more violence that has occurred in Sri Lanka than in Pakistan. But when I concluded the election in Pakistan it was found that the election was a seriously flawed one. But in Sri Lanka I must say that democracy is put under pressure and acts of violence are carried out by the democratic politicians. It is rather ironic that democratic parties put democracy under pressure. It is the politicians who could bring an end to violence. However, for them it is to get into power at any cost

Q: Would you say that most of the incidents are politically motivated?

A: Yes. The clashes among supporters and rival parties and clashes within the parties are all indications. The problem is the electoral pattern and the preferential voting system that is prevalent in the country. But I think disciplinary action against those who are responsible for this must be taken.


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