Wider scope and mandate for Presidential Commission on electoral reforms
President Ranil Wickremesinghe has broadened the “scope of the mandate” of the Presidential Commission of Inquiry gazetted on October 15 to examine and report on electoral reforms and media standards.
A proclamation gazetted under his name by the President’s Secretary, Saman Ekanayake, has named A.C.V. David as the “Commissioner for the Commission of Inquiry.” In this capacity, he will play the role of a secretary and assist in all its work. This will include scheduling witnesses. The Commission is headed by retired Chief Justice Priyasath Dep and comprises eight other members, as previously announced.
A government source said yesterday that the Commission has been given four months to submit its report. Technically at least, such a deadline falls in March, next year, ahead of a scheduled presidential election anytime beginning August next year. However, the likelihood of the Commission seeking an extension of its warrant cannot be ruled out. In such an event, whether the time frame is adequate to legislate for the proposed changes recommended by the Commission to take effect before a presidential election remains a question.
According to the same source, the electoral reforms proposed by Justice, Prison Affairs and Constitutional Reforms Minister Wijayadasa Rajapakshe, will remain on hold. He had earlier made a set of proposals to the Cabinet of Ministers. Based on this, Prime Minister Dinesh Gunawardena initiated a dialogue with parties represented in Parliament.
The new terms for the Commission of Inquiry, the gazette notification states, are “to obtain information, investigate, inquire into and report on making recommendations for the amendment of election laws, upon examination of existing election laws, formulation of media standards for the appropriate use of media by political parties and independent groups, introduction of a code of conduct for political parties, independent groups and their membership in performing political and public affairs, and strengthening of laws and regulations related to registration of political parties and their operations in a manner that elicits trust and public accountability;“
President Wickremesinghe has noted that the number of commissioners currently holding office “is not adequate to more efficiently and speedily execute” the functions of the Commission. Among the reasons attributed for broadening the scope of the mandate (the preambular paragraphs) are: Multiparty democracy is a vital infrastructure of Parliamentary democracy because of fulfilling the intermediate role between the citizens and the State by participating and forming people’s political opinions, Credible political parties are a prerequisite for the exercise of franchise by the people as enshrined in the 1978 Constitution of the Democratic Socialist Republic of Sri Lanka. Rapid escalation of financial costs of election campaigns including elections have resulted in growing concerns on the role of money in politics and possibilities in policy capture. There is a growing concern of criminal elements entering political parties.
Stable political parties are being replaced by short-term political fronts contributing to instability in politics. It is necessary to establish and maintain at all times a mutual trust between the Sri Lankan electorate and political parties.
It is necessary for reforms to ensure the transparency and the accountability of political parties to the electors having regard to the laws and practices of other countries including establishing legal criteria for granting and cancelling the recognition of political parties, thereby regaining the confidence of the people.
A number of globally reputed organisations including the InterParliamentary Union have specified criteria for the transparency and accountability of political parties. The Commission of Inquiry has been called upon to “examine all existing election laws and regulations and make necessary recommendations for the amendment of election laws to suit current needs, giving special consideration to following factors as well. i. Increase women and youth representation. ii. Reduce the period between the time of declaration of an election and the release of results after conducting such election. iii. Provide an opportunity for electronic voting using modern technology instead of printed ballot paper. iv. Provide facilities for voting by Sri Lankans overseas.
Enable a person to contest elections for both Provincial Councils and Parliament for the selection of people’s representatives and have the opportunity to represent Provincial Councils and the Parliament at the same time if elected (eg. to give an opportunity for a person elected to Parliament to also contest a Provincial Council election, and if elected, have the opportunity to represent the Provincial Councils and Parliament at the same time). vi. Provide an opportunity for voters serving in Public Corporations/ State Owned Enterprises/Private Sector, who are engaged in provision of election related services on election day, to use postal voting. vii. Formulate an appropriate mechanism blended with the first-past-thepost voting system for the election of people’s representatives, not limiting to the proportional representation system, but taking into consideration the plural nature of society and reflecting such plural characteristics.
Make recommendations for the formulation of media standards for the appropriate use of media by political parties and independent groups. Make recommendations for the introduction of a code of conduct for political parties, independent groups and their membership in performing political and public affairs. Make recommendations for the strengthening of laws and regulations related to registration of political parties and their operations in a manner that elicits trust and public accountability.
Make recommendations including proposed legislation on following factors;
Strengthening the multi-party system of Sri Lanka based on credible and stable political parties similar to other multi-party democracies. ii. The role of money in politics and prevention of policy capture, as well as public funding of political parties. iii. The accountability of the leadership to the members of the political parties. iv. The reduction of the expenditure
incurred on election campaigns. v. The role of the political parties in strengthening national unity by promoting cooperation and mutual confidence among all sections of the people. vi. The promotion of policy-based political parties by having the following factors as objectives: safeguarding the sovereignty and independence of Sri Lanka. political and economic stability. a Sri Lankan identity and raising the social and economic standards of the people by transformation into a developed economy. b. c. d.