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Empowering
the polls chief The country's independent institutions, the bulwark of the nation's foundations for good governance - the public service, the police, the judiciary, the press, and the Elections Commission - have to be disengaged from the grip politicians have got on them. And the Elections Commissioner's courageous stance has enhanced the credibility of the office he holds. But there's miles to go before Sri Lanka can truly boast that these elections are conducted in a democratic fashion as is done in the more exemplary democracies around the world. On Friday, the Commissioner - among the many things he told a news conference - said he would annul the forthcoming elections if there were malpractices. He was critical of those who drafted the 17th Amendment and the thinking behind the Independent Elections Commission. He rightly asked whether this Commission which says that three Commissioners shall have to agree on each and every decision taken, will lead to chaos - especially on voting day. He lamented the nomination of five lawyers to the Commission (which the President has blocked anyway for over two years because she does not like the nominated Chairman). He complained that he did not have the necessary powers to deal with the media, both State and private; and he pondered about his own fate as a public servant not allowed to retire despite what he called was his bad health. Despite the handsome tribute he deserves for his independence, questions need to be raised about the role of the Commissioner in particular and that of successive legislators in recent years in general over the conduct of elections in this country. Take, for instance, the fact that the last Presidential Election Report tabled in Parliament has been of the 1988 elections. And, that the last Parliamentary Election report was that of 1994. The issue of the role of the state and private media at a time of election was discussed at last year's General Election, but nothing came of it. Even the current Opposition went to sleep on it even though the flagrant misuse of the government-controlled media was a major cause for their defeat. Now, the Commissioner says that we should take a serious look at the Indian model. In India, for starters there is a model code of conduct for electioneering. This code has been formulated by the political parties themselves. The Indian Election Commission is also empowered to ensure inner-party democracy - imagine such a provision in Sri Lanka! The Indian Election Commission can go into the polls performance of political parties when it comes to registration and recognition. Three-fourths of Sri Lankan political parties - known as letter-head parties or 'three-wheel parties' because their entire working committee's can be put into one three-wheeler - will lose recognition. The Indian Election Commission has quasi-judicial jurisdiction to settle disputes between splinter groups - imagine the workload here! In India, even when a petition is filed in their Supreme Court or High Court on charges of corrupt practices, the Commission is asked for an opinion. In India, the Election Commission can disqualify someone who has failed to lodge his or her accounts relating to his or her expenses - that would surely open a Pandora's box here considering the slush funds that go into campaigns from the big boys of the sleazy business world. The Indian Election Commission is there to ensure a 'level playing field' when it comes to campaigning. The state media is used by the Commission - and not by the party in power - and that is used for educating the voter - not for mud-slinging of the opposition. So, no wonder any independent Commissioner would love to have such powers. The question, however, is "are we the five-star democracy that we think we are or are we just living in a world of our own, not knowing that the democratic world has gone places; while we are just engaged in 'kaivaru politics' or 'verbose politics' with nothing else to be proud of. Sri Lanka has been having periodic elections since 1931 - nearly 75 years - and long before India. The women of Sri Lanka had a vote even before the women of France. But like many other things in Sri Lanka, the conduct of elections, it seems, has also fallen by the wayside. Another sad reflection of what has become of this country in contemporary times. |
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