Columns

Once upon a time in this resplendent isle, a Commissioner of Elections broke down and cried before the public on national television in the midst of announcing the 2010 Presidential election ‘result.’
The public consensus was that this weak but essentially decent public servant had been broken under the Rajapaksa Presidency, then at the post-war height of its glory. On record, the (then) Commissioner affirmed his inability to ensure the safety of a single ballot box.

The steely resolve of the Elections Commissioner
Today, it would be hard to imagine his successor blubbering on visual media or otherwise, under any circumstances. On the contrary, Mahinda Deshapriya is exerting powers which may seem unprecedented for some. Just a few days ago, a critic repeated his irritated grumble, ‘can he actually do this?’ This was in response to the Elections Commissioner prohibiting the repeated telecast of President Maithripala Sirisena’s Thursday missive to former President Mahinda Rajapaksa. This reiterated that he will not appoint Rajapaksa as Prime Minister even if the United Peoples Freedom Alliance (UPFA) wins a majority. The media was also told by the Commissioner to give equal space to the reply of the former President made shortly thereafter.

So after decades we may be glad that the authority of the Office of the Sri Lankan Elections Commissioner has recovered some equilibrium, as fragile as this may be. To be clear, this is not some prodigious consequence of the 19th Amendment. There was nothing much wrong with the law all this time though it may have been fine-tuned for better impact. In the past as now, the Elections Commissioner was empowered under direct constitutional and statutory authority and from a solid body of public interest litigation before the Supreme Court in the mid 1990′s which powerfully affirmed the independence of that post.

In fact, it was refreshing to see Elections Commissioner Deshapriya acknowledging as much recently. His steely resolve brings to mind that redoubtable Indian Elections Commissioner TN Seshan who regularly locked horns with India’s politicians and vigorously campaigned against electoral corruption. We still have a long way to go in that regard. That said, the guidelines issued by the Commissioner to the media while generally in consonance with observing fairness, needs also to take into account, the public’s freedom of expression and right to know. Pre-consultation with the media, election monitors and civic groups may have been useful in that regard.

Suffering this ghastly parade of clowns
But the point is that Sri Lankan electoral law and creative judicial interpretations had always been trumped by an uncouth political culture in the past. This time around, the sterling performance of the Commissioner reflects his own stubbornness as much as the commitment of the Sirisena Presidency to electoral integrity. The Wickremesinghe government must also be credited, warts and all, for bringing back a modicum of independence to the public service.

Similarly, some relief has been afforded to the judiciary. Here again, this is not a magical restoration of the institution ravaged since 1999. But at least now, independent judges in office may act without fear of consequences. The question of jurisprudential capacity at all levels of the system is however a different question altogether.

In comparison to those positive developments, the exact opposite confronts us when we look at the ghastly parade of clowns who have entertained the Sri Lankan public during this election campaign. It may well be said that nothing can be worse than the last Parliament of Sri Lanka full of pot bellied crooks. At times however, one is led to seriously doubt if the ruin can ever be righted.

Plethora of bad choices
This is not limited to one party either. On one side, some rub their hands in unctuous self-promotion even as they indulge in paroxysms of praise for the ‘peoples’ victory of January 8th 2015.’ Making things worse, seasoned politicians of the United National Party (UNP) ‘lose their cool’ when they are questioned on the Central Bank bond issue and other matters. It almost appears that the public is being told, ‘be grateful for small mercies after we brought back democracy; now, do not dare question us.’ One can only profess bewilderment at such colossal arrogance.

On the other side, rank communalism predominates as some UPFA candidates gather the ‘Sinhala Buddhist’ ranks against the ‘Other.’ Promises of a ‘new front’ are belied by the presence of the same old sour faces. Media advertisements carrying President Sirisena’s face over the UPFA party colours does not suffice to meet this deficit of trust.

Meanwhile the UNP mantra that the President is willing to work only with them is equally unconvincing. As was pointed out in these column spaces, President Sirisena has been placed in this current predicament precisely due to the faults of the UNP as well as the UPFA. On its own part, the fiery orators of the Janatha Vimukthi Peramuna (JVP) still do not seem able to rise above scoring political points against the major parties. In this unruly melee, some hope is offered only by young fresh-faced candidates of all party colours as well as ‘differently abled’ candidates putting themselves forward on behalf of a sorely under-helped community.

Need for eternal vigilance and critical pressure
In the final result, those who voted for the January 2015 mandate face a simple choice. Which candidate (regardless of party) can best carry this mandate forward? President Sirisena has informed the nation very clearly of his intention. It is up to the people now to enable that intention.

For as the ballot paper looms in front of us on Monday, little trust can be reposed on whichever government that comes into power. The reminder, most commonly attributed to the American abolitionist and rights activist Wendell Phillips, that eternal vigilance is the price of liberty is indeed apt. Healthy skepticism and constant vigilance must be evidenced in regard to the government as well as the opposition.

It is this critical pressure rather than election results per se which will bring actual change. And ensure justice to the countless innocents who have paid with their blood for the sins of the State.