Parliamentary Elections

08th and 20th

April 2010

The Final Report

On the Election Observation

Presented
By

Campaign for Free and Fair Elections

CaFFE
 Preface at the outset

At the very outset, it was seen that the pre election period was an eventful one, creating huge
conflicts and fights among the candidates of the same political parties and, a period which
violated almost all the election laws. It was seen that the departments of the Elections and the
Police and the district retaining officers were not exercising the powers they were given by the
Parliamentary Election Act. It was also seen that the State properties were terribly misused by
the governing party candidates. The other contenders of the main four-five political parties other
than the governing party did not enjoy the privileges that enjoy by the candidates of the
governing party. It was not a battle with equal resources, opportunities and privileges for all the
candidates.

The Election Department has not taken any progressive steps to safeguard the rights of the voters
in the Northern Province. The people who were re-settled were denying the right to vote using
the Identity Cards issued by the Internally Displaced Camps (IDC). Another group of people
were not able to vote, as there were no public transport facilities to go to the poling centers.

The Opposition parties were seen divided as a result of the oppressive and strategic moves taken
by the government after the Presidential Election. The strength of the three main opposition
parties, the United National Front, the JVP led National Democratic Front and the Tamil
National Alliance look weak and, in some places they were not able even to deploy the Polling
Agents. In the same time, it was not allowed the Election Observers to participate and observe
the counting this time.

The Summery,

• An Election in which the Election Laws were not respected

• An Election where the Election Commissioner, the Department of Police and the District
Retaining Officers had not perform their duties impartially
• An Election with out equal spaces and opportunities to all the contenders

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 1. The Introduction

CaFFE, as an authorized Election Observation group by the Election Commissioner, engaged in

observations of the first post war Parliamentary Election from 01st February to 23rd April 2010.

The aim of this report is to present the Observations of CaFFE with regard to the recently
concluded Parliamentary Election.

1.1. Aims and the Principals of CaFFE

Campaign for Free and Fair Elections CaFFE, which consists of the Civil and Religious
organizations, Pressure Groups, Trade Unions, Political Parties and concerned individuals, is an
independent movement standing and working for the free and fair elections. Our observers come
from all the ethnic groups, i.e. Sinhala, Tamil, and Muslims and from all the social and religious
groups.

The groups of people from all corners representing the various ethnic, religious and social groups
engage in election related observations covering all the aspects of the elections on a voluntary
basis. The CaFFE district networks consist of such volunteers from the respective districts and
also outsiders to those districts. There were different organizations too, which affiliate with
CaFFE and engage in observations. The aim of CaFFE observation is to protect the democratic
principles and to engage actively in such activities in order to safeguard the rights of the voters.

The main focus of the CaFFE observation is to monitor the election related activities based on
Political, Technical and the Legal aspects and to present its observations. They include the rights
of the general voters and the rights of the IDPs, maintenance of the general law and order, the
election law and the peace. It also includes the roles of the Election Department, the Police, the
behaviors of the Media, the government servants, the political parties and the pressure groups.

This report on the Parliamentary Election held on 8th and the 20th of April, carries all those
aspects.

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1.2. Dissemination of information by CaFFE in pre-election period

CaFFE disseminated 18 News Bulletins carrying the vital information on the election using
emails. CaFFE has issued eight Press Statements on particular issues and conducted four Press
Conferences. CaFFE played a pioneering role by giving all election related news and information
to all the media institutions on daily basis. CaFFE had become a leading organization for issuing
the election related photographs to the media institutions. CaFFE also provided such photos and
the updated news through its website during the entire period.

However, the CaFFE website was subjected to an ‘unofficial blockade’ with in Sri Lanka during
this time.

The CaFFE website was included in the Parliamentary Election-2010 collection of the American
Congress Library.

1.3. The Political Context

One has to consider the status of the Rule of Law prevailed in the country, during the period in
which the election conducted. It is very important the presence of the Independent Election
Commission, the Police and the Public Service Commission for ensuring a free and fair
elections, which are supposed establish under the provisions of the 17th amendment to the
constitution.

The Parliamentary Elections was announced as the result of ending the period of the previous
parliament in 2010. The strategy of the government was to capitalize on the triumph gained at
the Presidential Election and go for the Parliamentary Election.

The UNP and the JVP, who contested the Presidential Election creating a common front, decided
to contest separately at the Parliamentary Elections. The TNA, which was a part of the common
front at the Presidential election too decided to contest alone only in the Northern and Eastern
provinces.

At the time of the announcement of the Parliament Election, the strongest oppression political
figure, Gen Sarath Fonseka took in to the military custody. Gen. Fonseka was charged and the

4
trials were conducting even during this time. Some of his supporters were harassed and, these
events were badly affected with their election campaign.

The opposition accused the government as the political opponents of the governing party who
were in the Government services, Trade Unions, Police and Armed forces were transferred,
made them retired and in some cases were sacked. CaFFE, in this connection believes that the
government has violated the 12 (1) and (2) clauses of the constitution.

There were clear signs of the oppression on the media and it personals, which resulted for some
of the journalists to left the country. Some of the Civil and Media organizations opted to limit
their activities. Even the Newspapers, the Electronic media and the websites too limited their
spaces for ‘alternative’ opinions other than the governments.

The Election was conducted in an atmosphere where there were so many limitations on the
freedom of expression, guaranteed by the clause 14 of the constitution.

1.4. The Context and Atmosphere of the Election

There were 41 violent incidents reported against the members of the Opposition Parties after the
Presidential Elections. There was an atmosphere created deliberately to weaken the Trade
Unions and the Non Governmental Organization, which were normally very active in the fields
of defense of the rights of the ordinary people. CaFFE observed that the governing party entered
to the Parliamentary Election with the aim of securing a 2/3 majority.

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 2. The Pre Election Observations

CaFFE was engaged in the pre- election observation covering all the districts in the country.
CaFFE was able to deploy 322 observers between 1st February to 15th March, 400 observers
between 16th March and 6th April and finally 6473 on the Election Day all over the country.

CaFFE established District and National Coordinating Centers in all the districts and in Colombo
to facilitate the whole process. CaFFE made a special focus on the situation of the Internally
Displaced People (IDPs) in the Northern Province.

CaFFE’s Head Office received much information from the districts and, they were studied and
analyzed considering the particular situations they come from. CaFFE focuses mainly on 8
aspects in observations and they were as follows.

1. Whether the Law and Order properly maintained during the pre-election period.
2. Whether the State Properties were misused during the election period.
3. Whether the Election Laws were respected.
4. The performance and the behavior of the State owned media.
5. The performance of the office of the Election Commissioner.
6. The process of issuing the Temporary identity cards (TICs)
7. Safeguarding the rights of the voters of the Northern Province
8. The level of the awareness of the voters with regard to the election process.

2.1. The Nomination Period

It was seen that there was a keen interest and a struggle to obtain nominations from the two main
parties among the prospective candidates. The reason behind this was that the main two parties
took initiatives to make broad fronts with the other political parties and groups to contest the
elections thus, many prospective candidates seek nominations from them. The prospective
candidates from the Sri Lanka Muslim Congress (SLMC), Democratic National Alliance (DNA),
and the political parties represent the Plantation Areas and the Northern and Eastern Provinces
tried be allied with one of the two fronts and tried to grab the nominations. The Tamil National
Alliance (TNA) denied the nominations to some of its previous Members of the Parliament
(MPs).

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There was a keen contest among the candidates and political parties to get the nominations from
the governing party front. The Ceylon Workers Congress (CWC), the All Ceylon Muslim
Congress (Rishak Badurdeen), National Freedom Front (NFF), Lanka Sama Samaja Party
(LSSP), Communist Party (CP) and the break away groups from the other parties were among
them.

As a result of the conflicts in giving nominations, the TMVP (Pillayan fraction) and the Hill
Country Peoples Front (Kandurata Janatha Peramuna) decided to contest separately, while
supporting the governing party.

There were also some disputes in the main opposition United National Front (UNF) among the
parties affiliated to it, with regard to the nominations.

It was also a noted feature in this election that, some of the ‘stars’ in sports, cinema, television
and other fields were obtained nominations denying the nominations for the long standing
committed members of the respective political parties.

It was also a noted feature in this election, that some of the candidates, have included additional
names starting from ‘A’ to their original names, in order to get the first ‘Preferential numbers’
such as 1, 2, and 3 to make the campaign easier and attractive among the voters. The Election
Department was not in a position to deal with this misconduct.

There should be some measures to compare their real names and the names that they put in the
nomination forms, and cancel the nominations if there are any differences at least in the future.
These types of actions are needed to curb the malpractices in the election process.

2.2. Maintenance of the Law and Order

CaFFE received information on 148 incidents of assaults during the pre-election period, which
includes 59 cases of damage to the properties, 89 cases of assaults and threatens. Two incidents
of killing, 39 cases of hospitalization of the victims after severe assaults, 46 cases of assaults
using firearms, 09 incidents of assaults by organized gangs were among these incidents reported.

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2.3. Violation of Election Laws and Violent Incidents

The Police Officers who acted according to the Law and safeguard them in order to maintain the
Law and order during the previous election- the Presidential Election were subjected to the
interdictions. The following officers were among them.

• Mr. Noel Chandana Kudahetti- Senior Superintendent of Police

• Mr. J.R. Jayawardane- Superintendent of Police
• H. A. N. W. T. De Silva- - OIC Welikada
• Mr. O. M. B. Gamunu- OIC Western Province Operational Unit
• Mr. M. S. K. Wickramanayake- OIC Kurunegala
• Mr. H. A. M. Levangama – OIC Jaffna
• Mr. T. Ludawike – OIC Chunnakkam
• Mr. D. R. S. Dharmadasa – OIC Nelliadi
• Mr. H. D. N. S. Jayasekara- OIC Matara
• Mr. R. G. K. A. W. Ranasinghe – Jaffna

Some of the officers were transferred and, some of the responsibilities entrusted to another set of
officers were taken back from them.

The proper maintenance of the law and order and the election law during the Parliament election
was discouraged due to this type of actions taken against the Officers, who performed their
duties impartially during the Presidential election.

The requests made by the candidates who had threats to provide with security were turn down.
The security threats were severe for the UNF and TNA candidates, particularly in the Northern
and Eastern Provinces. The Supreme Court had to intervene, to secure the security even for the
previous Members of Parliament.

CaFFE received complaints that all the Police Stations in Hambantota, Puttlam and Kurunegala
districts and almost all the police officers attached to Matale, Dambulla, Gampaha , Tangalle,
Hambantota, Tissamaharama, Monaragala, Nawalapitiya, Chilaw, Ratnapura, Trincomalie, and
Nochchiyagama, Eppawala in Anuradhapura district, Polonnaruwa, Batticaloa, Valachchena and
Nuwaraeliya had acted in a partial way favorable to the governing party and its candidates.

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An UNF banner was exhibited on the fence of the Trincomalie police station and, it was seen a
police personals guarding it. There were many posters, banners and cut outs exhibited near
several police stations.

The commitment and the will of the law enforcement authorities such as the Police, District and
the Assistant Retaining officers are very important to safeguard the election laws. But their
commitments were not seen in the districts such as Hambantota, Kurunegala, Polonnaruwa,
Gampaha, Ratnapura and Trincomalie.

The conflicts among the candidates and the supporters of the same political parties were seen
increased in this election. They were seen among the UPFA candidates and supporters
particularly in Kurunegala, Gampaha, Anuradhapura, Nuwaraeliya, Ratnapura, Trincomalie,
Kandy, Puttlam, Kalutara, Monaragala, and Matale districts.

There were confrontations and fights between the supporters of Janaka Bandara Thennakoon and
Rohana Dissanayake against the supporters of Laxman Perera in Matale district. There were
assaults, assaults using fire arms, damaging vehicles, were reported from Matale district. There
were 18 pre-election violent incidents reported from Matale and, except 3, all the other incidents
were among the supporters of the same party. There was also a report of attacking a Buddhist
temple in this district.

The lawful activities such as maintaining an election office, distributing leaflets and holding
public meetings were not allowed for the UNF and JVP candidates in Dambulla area due to the
influences of a gang of a leading politician.

There was a special situation prevailed in the Nawalapitiya electorate. The leading politicians of
the opposition, Mr. Abdul Carder, Laxman Kiriella of UNF, Mano Ganeshan of DPF, Rauf
Hakim of SLMC were not allowed to campaign in the Nawalapitiya electorate. Most of their
supporters were attacked and prevented them in campaigning. Even the UPFA candidates, Mr. S.
B. Dissanayake, Sarath Amunugama, Keheliya Rambukwella and Dilum Amunugama were not
allowed to carry out with their campaign in Nawalapitiya. There was also hand written posters in
Nawalapitiya, threatening that the above mentioned UPFA candidates should not enter
Nawalapitiya.

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A group of people with plain, civil cloths were deployed at the entrance to Nawalapitiya on
Gampola- Nawalapitiya road to check whether any other outside candidates are entering, and if
so to threat them. CaFFE received four such complaints stating the other candidates were
threatened by this gang. CaFFE too was not able and not allowed to paste the posters which
carried the messages for voters to make them aware of the election related matters. It was clearly
seen that the law and order was not respected and maintained in Nawalapitiya area during the
whole election period.

One cannot satisfy with the actions taken by the police to curb the election related malpractices.
There were complaints against the police, as they were not entertaining and recording
complaints, and even if they were recorded most complaints were recorded as ‘personal
conflicts’ in order to hide the election related malpractices. There were also incidents, which are
supposed to direct to the courts but not directed. It was also seen that some of the selected
candidates of the governing party and the opposition were given special privileges by the police.

Most of the violent incidents were reported against the UPFA. Most of them were between the
candidates and the supporters of the UPFA itself. The opposition supporters were attacked
mostly in Kurunegala, Kandy, Nuwaraeliya, Ratnapura and Trincomalie districts.

There were reports of violent incidents in Hatton, Kotmale and Thalawakele areas and the CWC
was blamed for them. There were 12 such attacks reported against the supporters of the UNP
candidates Mr. Digambaram and Sri Ranga. The incidents were in the rangers of blocking the
campaigns, attacking the houses and properties of the supporters and damaging the vehicles.

The following incidents show the confrontations took place among the supporters of the same
party.

• The supporters of the UPFA candidate for Ratnapura Premalal Jayasekara were attacked
by the supporters of Jayatissa Jayaweera of the same party on 8th March 2010.
• The UNF candidate in Galgamuwa area Ms Upulangani Malagamuwa was assaulted on
9th March 2010.
• The supporters of Duminda Dissanayake were attacked by the supporters of S. M.
Chandrasena on 16th March 2010 in Horrowpathana, in Anuradhapura.
• There was a confrontation between the supporters of UPFA Monaragala Bibile candidate
Mr. Vijithamuni Soysa and Mr. Berugoda, the Leader of the House of Uva Provincial

10
 Council on 25th March 2010 and five buses were reported damaged and three were
injured in the incident.
• The supporters of Mr. Nishantha, the Chairman of Arachchikattuwa Pradeshiya Sabha,
have assaulted a supporter of Mr. Priyankara Jayarathne, the UPFA candidate of the
Puttlam district on 27th March 2010.
• The election office in Horana of Mr. Vidura Wickramanayake was attacked by another
group on 27th March 2010.
• There was a confrontation between two groups of the supporters of UPFA in
Bandaragama on 27th March and one person reported injured.
• Two vehicles were damaged and eight people were injured and hospitalized, as two
groups of supporters of the UPFA confronted in Galgediyawa, in Kandy- Gampola road.
• A Police Sub Inspector was injured as two groups of the UPFA confronted in
Trincomalie on 29th March 2010.
• Two groups of the UPFA confronted in Chilaw on 1st April and three people were injured
and hospitalized.
• Four vehicles were damaged and two people were hospitalized as the two groups of Mr.
Niyomal Perera and Sanath Nishantha, the UFPA candidates confronted with each other
on 1st April 2010.
• Four people, the supporters of Mr. W.P. Gamini Wijesinghe, the Gampaha UPFA
candidate were injured as they were attacked on 4th April 2010.
• The Chairman of Maho Pradeshiya Sabha was assaulted by a group of UPFA supporters
and had to admit to the hospital.

It is therefore, CaFFE believes that all the politicians should take steps to prevent this type of
violent incidents during the election periods.

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 The illegal propaganda activities right on the fence of the District Retaining Office in
Kurunagala!

2.4. Misusing State and Public Properties

CaFFE received 39 confirmed complaints of misuse of State/Public properties during the pre-
election period. However, the total number of complains received were 117.

As soon as the nomination was over, lots of properties belong to the ministries, corporations and
other government institutions were taken away by the UPFA candidates.

The ministers, the deputy ministers, some of the government officers who were the political
appointees were seen using their official vehicles for the election campaigns, pasting illegal
election posters on them.

Prior to the nominations, most of the Trade Union leaders/ activists and the officers who were
not supportive to the governing party were transferred to ineffective places, thus, limit their
protests in misusing the state properties.

The employees of the Sri Lanka Rupavahini Corporation, Mr. Kanchana Marasinghe, Gamini
Marasinghe, Herbert Alagiyawanna, Athula Peris, Ravi Abeywickrama, Daya Mahinda

12
Gunathilake, Shirly Anil de Silva, T. A. Hema, Nisal Thennakoon, Saman Kumara, Dileepa
Nishantha, Vikum Basnayake, and Darshana Panangala were suspend from the services and
subjected to various kinds of harassments and some of them were interdicted, Only few people
were asked to report to the work and face disciplinary inquires.

As a result of this type of suppression, the information on the misuse of state properties was not
revealed to the media and to the monitoring groups.

Many government servants have complained to the Human Rights Commission the incidents
such as the revenges, transfers, harassments and interdictions. CaFFE is aware of such cases that
registered under the reference numbers, HRC/681/10, HRC/682/10, HRC/683/10, HRC/684/10
and HRC/685/10. These complaints were made against the Secretary of the Mahaveli Authority
for example.

There are several cases made against The National Youth Service Council, which misused most
of their properties for the election campaign of the UPFA under the reference numbers of
HRC/760/10, HRC/713/10, HRC/756/10, HRC/7779/10, HRC/712/10, HRC/75217/10 and
HRC/75218/10.

Apart from this, the Education Department and the Lake House were charged under the reference
numbers HRC/734/10 and HRC/1044/10 respectively for revenges and harassments made
during the election period.

The following chart shows some of the cases made against the Education Department and which
were entertained by the Human Rights Commission.

Case number Complained by Accused

HRC/602/10/L-7 M. G. Kumara Zonal Education
Mahi Ellawatta Director.
Nikadalupotha. Ibbagamuwa

HRC/601/10/L-7 V.C. Gurusinghe Zonal Education

24, Kadubavathenna, Ibbagamuwa. Director.
Ibbagamuwa

13
 HRC/595/10/L-7 D.M.A.Rathnabanda, Ihalagama, Zonal Education
MAnapaha, Kumbukwewa Director.
Ibbagamuwa

HRC/597/10/L-7 U.A.Gunathilake, Joshep Watta, Zonal Education

Sundarapola Mawatha, Director.
Yanthampalawa, Kurana. Ibbagamuwa
HRC/596/10/L-7 P. A. Weerawardana, 92, Ulumola Zonal Education
Mawatha, Ibbagamuwa. Director.
Ibbagamuwa
HRC/599/10/L-7 K.L. Dasanayake. 23, Deniya Para, Zonal Education
Bellana, Ganemulla. Director.
Ibbagamuwa
HRC/600/10/L-7 W.M.M.Warnasooriya, Aluthgama Zonal Education
Junior School, Nikadalupotha. Director.
Ibbagamuwa
HRC/603/10/L-7 M.N.A.Silva, Ithinila, Ambokkegama, Zonal Education
Nikadalupotha. Director.
Ibbagamuwa

The following chart shows some of the cases made against the other government bodies.

Case number Complained by Accused

HRC/695/10/L-7 B.S.A.Perera and the group. National Engineering
155/66, Wattegedara Para, Maharagama. Corporation
HRC/662/10/L-7 M.H.H.Silva, 37/36, Pansala Para, Colombo Ministry of Health.
10.
HRC/718/10/L-7 Y.L.R. Perera, 232/10, Isurupura, Thalangama, BOI
Koswatta.
HRC/578/10/L-7 K.L.S.K.Perera, Sri Lanka Port
12/3, Sir James Peiris Mawatha, Panadura. Authority.
HRC/718/10/L-7 R.A.D.B.Jayawardana, 269/33, 4th Lane, Sri Lanka Petroleum

14
 Yasopura, Attidiya, Dehiwela. Corporation
HRC/666/10/L-7 All Ceylon Harbor Workers Association. Sri Lanka Port
198/19, Panchikawatta Road, Colombo 10. Authority.

fld<U 10
HRC/710/10/L-7 G.V.T T.Perera, 75, Palliya Road, Sri Lanka Petroleum
Bandiyamulla, Gampaha. Corporation
HRC/723/10/L-7 F.G.Feernando, 124, Kanda Kuruniwatta, Sri Lanka Petroleum
Dehiwela, Waskaduwa Corporation

2.5. Violation of Election Laws

CaFFE received 156 cases with regard to the violation of the Election Law during the pre-
election period.

2.6. Illegal Propaganda Activities

Majority of the incidents recorded under the violation of Election Laws were with regard to the
illegal propaganda activities.

According to the Parliament Election Act No 01 of 1981, it is prohibited to print, exhibit and
paste the posters with out the name of the printer on them. But there were lots of such posters
and handbills pasted and distributed which violate the clause 74 of the Act.

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 Vehicles without number plates: a common site in the election Campaign

In Nuwaraeliya District, three types of posters and four types of handbills were printed,
distributed and pasted by a prominent party which represents the Plantation Community. They
made use of them to accuse some candidates for frauds. The handbills allegedly printed and
distributed by the CWC, HCPF and some of the Plantation Trade Unions, but did not carry the
name and the addresses of the publisher or printer.

According to the survey carried out by CaFFE, between 17th and 24th March 2010, it has
identified the Parties, the candidates and the districts that violated the Election Law in massive
way. The following chart gives some of the findings.

District Name of the Candidate Political Party

Colombo Duminda Silva, Wimal Weerawansa, Thilanga UPFA

Sumathipala.

Niroshan Padukka UNF

Sarath Fonseka DNF

Gampaha Basil Rajapakse UPFA

Mervin Silva UPFA

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 Vijitha Herath DNF

Kaluthara Rohitha Abeygunawardhana, Kumar Welgama. UPFA

Polonnaruwa Maithreepala Sirisena UPFA

Trincomalie Susantha Punchinilame UPFA

Badulla Nimal Siripala De Silva, UPFA

Harine Fernando

Gihan Fernando UNF

Galle Nishantha Muthuhettigama UPFA

Hambantota Namal Rajapakse UPFA

Kurunegala Jonston Fernando and Jayarathne Herath UPFA

It revealed that most of the illegal propaganda activities done by the UPFA candidates.

It was seen that the illegal cut outs were exhibited in almost all the districts except Ampara,
Jaffna, Vavuniya, Mullativu, Kilinochchi and Batticaloa. It was also noted that the oppression
candidates were not allowed to put up these cut outs and only the governing party members were
had the chance to exhibit them. There was a huge cut out of Mr. Janaka Bandara Thennakoon on
the main clock tower in Dambulla and not a single opposition candidate allowed exhibit any such
cut outs in the area.

Police of Nawalapitiya took steps to remove all the banners and cut outs of all the governing and
the opposition party candidates except the posters, banners and the cut outs of Mr.
Mahindananda Aluthgamage, the UPFA candidate for Kandy district and Nawalapitiya
electorate.

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The supporters of the UPFA took steps to destroy all the opposition posters, banners and the cut
outs in Dambulla, Anuradhapura, Maho, Nochchiyagama, Hambantota, Trincomalie and Mannar
using vehicles carrying Police signs and the garage numbers, which are in fact prohibit to use.

It was not seen that the Police is removing the illegal exhibits of the governing parties, as they
did for the opposition.

Under the clause 69 of the Parliamentary Election Act it is prohibiting to have processions and
engage in propaganda work using the vehicles from the nomination day to the Election Day. But,
there were more than 60 such incidents reported by the observers. Some of the incidents indicate
in the following chart.

District The Candidates / Particulars

supporters engaged in
processions
Colombo Duminda Silva Using 9-16 vehicles to go from one campaign location to
another. These vehicles carry illegal propaganda items such as
stickers and numbers.
Gampaha Basil Rajapakse Using 2 vehicles to go from one campaign location to another
. place and usage of loudspeakers on the vehicles.

Badulla Harine Fernando Campaigning using 7 same type of vehicles and another 5-8
vehicles

Ratnapura Pavithra Wanniarachchi Campaigning using 30 vehicles including CTB buses.

Polonnaruwa Maithripala Sirisena Using 20 CTB buses and other vehicles

,
Matale Janaka Bandara
Thennakoon

Vasantha Laxman Deploy 24 modern vehicles to campaign in Laggala, Rattota,

Perera and Matale

Batticaloa Amir Ali Over 30 Vehicles was use

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Trincomalie Susantha Punchnilame Over 45 Vehicles was use

Jaffna Duglas Devanada Over 25 Vehicles was use

Vanni Rishak Badurdeen Over 30 Vehicles was use

Hambantota Namal Rajapakse Unlimited number of vehicles carrying the photo of NR

moving around the district

2.7. Awareness Raising Programs for the voters

The information and the making the voters aware by the Commissioner of Elections and the
media were seen very low with regard to casting the vote, voting right, obtaining the identity
cards (ID), usage of IDs and the registration of the voters who were displaced .

There is a crucial and felt need to have some educational programs to make the voters aware of
the whole process of the elections in particular among the people live in Northern and Eastern
Provinces, the Plantations and also in the villages. If not, the ‘rejected’ number of votes can not
be reduced even in the future.

The following chart gives an indication with regard to the rejected number of votes and the
relevant districts.

District Registered Number Voted Rejected Percentage of

of voters votes rejected votes

Nuwaraeliya 457,137 303,470 37,236 12.27%

Jaffna 721,359 168,277 19,774 11.75%

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 Kandy 970,456 617,559 58,333 9.45%

Matale 342,684 215,060 19,310 8.98%

Vanni 266,975 117,185 10,208 8.71%

Batticaloa 333,644 195,367 14,749 7.55%

Trincomalie 241,133 149,982 10,240 6.83%

Badulla 574,814 373,847 24,169 6.46%

Sri Lanka 14,088,500 8,630,689 596,972 6.92%

The average of the rejected votes for the whole country was 6.92%. But it is seen in the districts
such as Nuwaraeliya, Kandy and Matale where the Plantation people live has recorded a high
percentage.

According to the following chart it shows the rejected voter percentage in Badulla district.

Electorate Registered Number of Voted Rejected votes Percentage of rejected

voters votes
,
Passara 60,002 36,209 3,284 9.07%
Haputale 60,706 37,624 3,134 8.33%

Viyaluwa 48,231 27,528 2,135 7.76%

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Hali-ela 63,124 39,039 2,893 7.41%

Uva 59,472 37,952 2,478 6.53%

Paranagama
Bandarawela 77,312 46,644 2,982 6.39%

Welimada 68,937 42,250 2,642 6.25%

Mahiyanganaya 85,562 49,676 2,520 5.07%

Badulla 51,468 33,807 1,409 4.17%

According to the chart it shows that the rejected voter percentage was high in the areas where the
plantation people live such as, in Passara and Haputale and in the areas where the literacy rate is
low such as in Viyaluwa.

Even in Matale, the highest rejected voter percentage was recorded from the areas where the
plantation people live such as in Rattota.

There was a very complex situation prevailing in the Northern and Eastern Provinces, as the
voter registers were not updated. As a result, the names of the people who are eligible to vote
were not included. In the other way, the names of the people who were died, and who have left
the area were not deleted from the voter registers.

Hence, CaFFE observed the results and the verdict of the election under the preferential voting
system was not an authentic and a real one due to this situation.

2.8. The performances of the State owned Media

CaFFE stated in it’s Final Report on the Presidential Elections that the State Media Institutions,
toped the list of the State institutions, which extensively misused their properties for the election.
It was not changed in this election too. The State controlled media carried partial news and
programs for the benefits of the governing party. M.M.D.P Subashinie Perera, H.B. Grey and
M.D.M Philip submitted a petition to the Supreme Court and urge to issue an order to the Sri
Lanka Broadcasting Corporation and to the Sri Lanka Rupavahini Corporation to carry out its

21
programs impartially during the election period. The Supreme Court issued an order to the
Attorney General on 11th March 2010 and asked to carry out their programs impartially. It was
not carried out as ordered and, the law was visibly violated by these institutions, even after the
Supreme Court order.

2.9. The Performance of the Department if Elections

2.9.1. Appointing a competent authority and his influences

As a result of the requests made by the political Parties and the Election Monitoring groups, the
Election Commissioner compelled to issue 21 guidelines to the media institutions on 17th
December 2009. The EC also appointed a Competent Authority to monitor those events. But as
the Competent Authority did not have a favorable environment to work and also as he was
pressurized by the interested parties, the EC took steps to call him back.

It was noteworthy that during the Parliamentary election, the EC did not appoint a Competent
Authority to monitor the media institutions and to check whether these institutions were
following the guidelines issued. It was really a message for the law breakers that, there will be no
one to monitor those events and, in fact indirectly gave them a ‘free hand’. It was also seen that
the EC has not used even his minimum powers to curtail these unlawful activities.

The Deputy Leader of opposition, Mr. Karu Jayasooriya submitted a petition to the Supreme
Court and urged to issue an order to the EC, to take steps in order to conduct a free and fair
election. The Supreme Court issued such an order on 1st April and ordered the Attorney General
to take necessary measures and to issue some guideline in this regard.

However, CaFFE observed, there was no such attempt taken by the government and its
authorities.

2.10. Issuing Temporary Identity Cards (TIDs)

It is now compulsory to present an Identity Card (ID) to cast one’s vote. However, large numbers
of voters were denied the right of casting their vote, just because of that they do not have a
proper ID.

22
In this election, only the Election Department had the authority to issue a Temporary Identity
Card (TID). The Voters who do not have an ID showed little interest to obtain a TID. However,
when CaFFE went to Batticaloa and Ampara districts in the Eastern province in order to help the
people for obtaining TIDs, CaFFE witnessed the high enthusiasm the voters had.

CaFFE assisting the people who came for photographed to obtain a TID

Furthermore, most of the people were not aware of the alternate arrangements of getting and
using another type of IDs, and the instructions and the communications in this regard, CaFFE
sees as inadequate. CaFFE observed that the situation with the IDPs too was not clear.

2.11. Guarantee the voting rights for the IDPs

After the Presidential Election, the steps have taken to re-settle many IDPs in various locations.
In this Parliamentary election, 45,967 IDPs were made eligible to vote. It was only 45,732 in the
Presidential election. The breakdown of the figures in this election is as follows.

District Number
Puttlam 26,582
Vanni 5,817
Colombo 111
Gampha 567
Kalutara 150

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 Jaffna 408
Batticaloa 09
Anuradhapura 2,048
Total 45,962

The whole process of getting permission to go to another place from the place that the IDPs are
now settled in for voting has severely being politicized. This situation was visible among the
Muslim community, in Vanni and Jaffna districts. CaFFE believes that there were ample
opportunities for manipulating this situation of the IDPs for casting their vote by another.

The IDPs, originally based in Mannar district in Vanni, and now live in Puttlam; Gampaha and
Anuradhapura districts were seen politically divided. Accordingly, the programs of giving relief
and other government services for the IDPs in Puttlam district is seen heavily politicized. The
Officers in charge, most, the political appointees, of these IDP camps were seen influencing and
manipulating these IDPs for their ends. There were ample spaces for influencing the whole
process of distributing food items, registrations as the IDPs, distributing the voting cards, issuing
TIDs with these IDPs and it was evident that every thing was heavily being politicized.

CaFFE found and confirmed the situations where the same person has applied for voting at two
places, even after the last Presidential Election. Most of the time, these were happened with
political interventions and through submitting fake documents by the organized groups.

2.12. Postal votes

There were 17 complaints received by CaFFE, with regard to the postal voting and most of them
were with in the range of ‘unlawful propaganda’ activities.

There were complaints where the propaganda activities continue while the postal voting was
taking place in Badulla, Ratnapura, Anuradhapura, Gampaha and Polonnaruwa districts. There
were also reports, where the workers were influenced in the Sri Lanka Transport Board depots in
Keppetipola, Badulla, Ratnapura, Anuradhapura, Puttlam and Polonnaruwa districts.

2.13. Summery of the Observations in the pre-election period

CaFFE presents the following observations, with regard to the pre-election period.

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1. It is proved that it is not possible to accept any election as a free and fair election which
conducts with out the presence of the Independent Police Commission, Election
Commission and the Public Service Commission.
2. It was visibly shown the partial and biased manner in which the police department acted
during the whole election period.
3. It was observed that during the pre-election period, there were 63 violent incidents
reported and most of them were among the candidates and supporters of the same
political party.
4. It has clearly shown that the government officers who head the Ministries, State
Corporations and the Departments were not in apposition to stop, the misuse their
properties for the election campaigns. Instead, in most of the occasions it was seen that
some of these Heads were allowing the politicians to use the properties of their
institutions for the election campaign.

25
 The whole lot of outdated tools and equipments, including the ballot boxes

3. Observation and monitoring on the Election Day

CaFFE carried out its observations and the monitoring based on the following two factors.

1. The incidents reported by the CaFFE observers

2. The special situations prevailed in and around the polling centers.

According to the Parliamentary Election Act, unlawful gatherings and the misconducts with in
the radius of half a kilometer to the polling centers on the Election Day is a punishable offence.

However, violating the clause 68 of the Act, usage of the loudspeakers, shouting and
misconducts were reported from various parts of the country.

There were 6356 Observers were deployed by CaFFE, as the stationed, mobile and special
observers on the Election Day. They were involved and observed the activities in the IDP camps,
Cluster polling Centers, Counting centers and cover all the aspects of the election.

The Election Commissioner has done a good job in supplying all the necessary services and the
facilities to conduct the election. The almost thirty years of experience of the Election
Department of conducting the elections on preferential system were being used to deal with the
sensitive aspects and distributing confidential and sensitive information and material to the
officers’ island wide.

3.1. The Outdated Techniques of the Election Department

The Election Department has experience and a history of almost fifty years altogether. However
comparing to the other countries, the Election department was not able to use the modern
technology to curb the malpractices and to improve the efficiency of the election related work.
Most of the technologies used by the ED were rather outdated and needs improvements.

26
For example the wooden ballet boxes, which were used fore the last 35 years, are heavier and
difficult to transport and handle.

Introduction of pens to mark the votes was in fact a result of the requests made by CaFFE and
some political parties. However in some places, it was reported that they have used the carbon
pencils for this purpose.

It is an utmost important and a need to update and improve the technical aspect of conducting the
elections in the country. They should be facilitate the casting and counting votes using the
electronic machines and should focus on minimizing the election riggings and malpractices.

3.2. Conducting the Election

At all the polling centers which were observed, the voting was stated at 7.00 am and concluded
at 4.00pm as scheduled. There were no incidents reported from those centers. The personals of
the armed forces were seen deployed to provide security in and around the polling centers.

There were reports that the UPFA groups were loafing near and around the polling centers in
Nawalapitiya, Valachchena, Akkaraipattu, Mannar, Dambulla, Laggala, Kollonna, Palmadulla,
Tangalle, Passara, Kotmale, Hatton and Badulla.

At the polling Center in Manik Farm Camp in the Vanni district, there were long queues for
voting and the voters were tense and wondering whether they were able to cast their vote or not.
The officers present at the centers too were not able give answers for the queries made by the
voters and if one is unable to cast her/his vote at this center, no body was aware to instruct them
as to which place they should go.

Only few voters were able to use the Identity Cards issued by the camps and vote. It was also not
clear that what are the IC issued by which Camps are valid for voting. There was no mechanism
establish in the polling center to verify the validities of these IDs.

There were no proper public transportation arranged for the voters in Kilinochchi and Vavuniya
to go to the cluster polling centers, and most of the voters were not aware of the transport
facilities provided.

3.3. Securing the confidentiality of the Ballot Paper

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Marking the index number of the voter which marked in voter register on the counter file of the
ballot paper was done in this election too according to the provisions made under the clause 37
(A) of the Parliamentary election act no 1 of 1981.

It looks like the voters do not have any knowledge of this particular practice. If one desire, it is
possible track, as to which party the voter voted for. This is in fact violating the basic principal of
an election. Hence this make a problem of securing the confidentiality of the ballot and many
have raised concern about it.

3.4. Transportation of Ballot Boxes

CaFFE observed that the bus transported the ballot boxes from Gampola to Kandy stopped at
several places. When the CaFFE observer made inquire from the driver, his answer was that the
bus had no fuel! After supplied with the fuel by the observer, a group of people who traveled
with the bus has gone away. It was also noted that not a single opposition polling agent was
accompanying the ballot boxes in this particular bus.

A special group of CaFFE observers was able to photograph this incident. The camera was
seized when this group was attacked by a gang in Kandy.

If there are arrangements to count the votes at the polling centers themselves, with adequate
security arrangements, some of these suspicious events could be overcome to some extent. In the
same time CaFFE believes that the opposition polling agents too should take the opportunity
provided, to travel with the ballot boxes to minimize any malpractices.

28
 Transporting the Ballot boxes to the counting centers

3.5. Need of a document to prove Identity

The process of providing an Identity Card or a document for the voters, who do not have a
proper document to prove their identity, was not materialized even in the Local government
Election or in the Presidential election. The people, who submitted the application forms to
obtain the identity cards for the Presidential Election, did not get the IDs in time.

There were reports from Polonnaruwa, Nuwaraeliya and Puttlam districts stating that the only
voters who support the governing party were issued with the IDs. The people who submitted
their applications well in time in Madirigiriya area for example have not received the IDs even
till the time of the Parliamentary Election.

The issuing of the identity cards in a successful way, happened in the Eastern province, which
proved that, if there is a commitment and a will and with a systematic mechanism, the problem
of the IDs could be easily solved.

It is seen that the process of issuing the IDs in the areas such as the Eastern Province, the
Plantation areas and the low income groups on Colombo, were politically manipulated.

There were also incidents of organized attempts of preparing TIDs in the places such as
Thambapanni in Puttlam district, 4th miles post on Mannar road, Rahumad Nagar, 6th mile post,
Wattakandal (3 camps) Nilleadi, Kasim City, Kakitiya in Mathirankuliya, Ikigollawa
(Salambapura Camp) in Anuradhapura, Aalankuda camp (people who vote at Muslim Maha
Vidyalaya) in Norochchole Koiawadiya Camp (Near Koiyawadiya School) where mainly the
Muslim IDPs live. This could certainly pose a threat to conducting a free and fair election.

3.6. Cluster Polling Centers and the IPD Camps

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There are about 35 polling centers established in the Kilinochchi Cluster Polling Station. It was
even visibly very clear that there were more people there than in the Presidential election.

Even though more people come to the cluster polling stations in Kilinochchi and Mannar,
considerable number of voters could not cast their votes.

There were two main reasons for make them inability to vote. They are as follows.

1. The Names were not included in the voter registers prepared for the cluster polling
stations.
2. Some of the IDs (issued by the Police Department in the IDP camps for example) were
not accepted by the Election Officers.

When asked, the voters who could not cast their vote said, that the Election officers have
instructed them to go back to the Manik Farm Camp and to see whether their names are included
in the register. CaFFE was able to meet 87 such people from the Kilinochchi Cluster Polling
station between 10.15 am to 11.15 am.

The Police was trying to remove these people promptly from the polling centers, thus, the
Election observers and the Media personals had very little time to talk with them and had to limit
their conversation.

Mr. K Chandra Kumar, who came to settle down in Akkarayan Kulam area in Aanavilandai in
Kilinochchi from Arunachalam Camp in Manik Farm was one such person who was advised by
the Election Officers to go to Manik Farm in Vavuniya and check the name. As it was 12.15
noon, and as there was no transportation available, obviously he couldn’t go and check. There
were about 53 persons who come from Akkarayan Kulam with Chandra Kumar faced with the
same situation and were denied their franchise.

A group of voters including Mr. Kadiravel Velayudan who live in Kilinochchi town, were
refused to cast their votes using the TIDs. All of them have voted in the Presidential Election at
a polling center established near Manik Farm Camp.

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Ms Sathasivam Parwathie, who came from Manik Farm Camp and now settles in Kilinochchi
town, was not allowed to cast her vote in the Cluster Polling center. However, her husband, who
came alone with her, was allowed to cast his vote at the Kilinochchi Cluster Polling center.

These two have voted in the last Presidential election at a same Polling Center. Hence it was not
clear as how only one member was eligible to vote in this election. It was a common situation in
both the Cluster Polling Stations, in Kilinochchi and in Vavuniya, where the Election Officers
were not equipped with the answers for such situations.

It was seen that the small printed and hand written handbills were distributed in and out side the
Cluster Polling Centers urging to vote for the UPFA candidates. These were happened in the
presence of the Police and Election officers.

When the CaFFE observers interact with the voters with regard to these incidents the Police
officers try to intervene and intimidate. It led for creating a hot argument between the voters and
the police officers.

When an Election Observer, who was permitted to be in the polling station, tries to have a
conversation with the voters, a senior police officer attached to the Kilinochchi Police Station
ordered him to go away of 500 meters from the polling center.

The illegal handbills and the cards which were indicating the preferential numbers of the
candidates had distributed in the buses, which the voters transported from the IDP Camps to the
Cluster Polling Stations in Kilinochchi and Vavuniya. The cards carry the preferential numbers
1, 7 and 8 of the UPFA.

31
 The IDP Camp Identification
Card issued by the Department of
Police and a TID issued by the
Department of Elections

Though there were transport facilities from the Manik Farm Camp to the Cluster polling Stations
in Kilinochchi and Vavuniya, there were no transport facilities provided for the voters who were
resettled in the Divisional Secretary Divisions in Kilinochchi. There were also no polling centers
established in the Manik Farm Camp to vote for the people who were denied the vote at the
Cluster polling centers. There were transport only from Manik Farm to Kilinochchi, and it was
noteworthy that there were no transport facilities arranged for the voters to go from cluster
polling centers to Manik farm to cast their votes.

The following chart shows the number of voters cast their votes at the Cluster Polling at two
units which comprised with 8 polling centers.
Number of votes cast by 1.00 Number of registered
pm votes
Kilinochchi Hall No 1 362 7504
Polling centers 08
Kilinochchi Hall No 2 283 10240
Polling centers 08

Though there were several Polling centers established in Oddusudan in Mullativu district, most
of the times they look deserted. The main reason was the re-settlement process was not
completed at the time of the election. There were 6 buses arranged to transport voters from
Manik Farm to Oddusudan.

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The people who were not accommodated in the re-settlement process, and who still live with
their relatives and friend affected the most in the voting. It was compulsory for them to go to
their original places for voting and there were no adequate transport facilities provided for them,
thus suffered the most.

3.7. The Detailed Report on the Election Day

There were 122 incidents reported to CaFFE on the Election Day, 8th April 2010 between 7.00
am and 4.00 pm.

• The incidents of chasing out the Polling Agents of the Political Parties were reported
from some of the polling centers in Batticaloa, Valachchena, Nawalapitiya and
Trincomalie electorates. In most of the polling centers there were no polling agents of the
opposition parties. In some of the places there were some vehicles blocking the ways of
the voters and also intimidations and taking the voting cards from the voters by force
were reported. There were also illegal posters of a UPFA candidate which were
exhibited.
• The voting cards which were grabbed from the people were used to cast votes by sending
other people mainly in the Nawalapitiya area, and according to the CaFFE observers, the
Election officers who were in duty, were not even bother to check the IDs of these
people.
• There were incidents of troubling the Election observers in the places such as
Nawalapitiya, Eravur, Trincomalie, Muttur and Kantale. In some places the candidates
and the supporters were trying to establish a rapport with the Election observers. In such
places, where this kind of relationships were not established, the election observers were
harassed, threatened, intimidated and in some occasions the equipments such as cameras
were seized by the political gangs. The observers of CaFFE, PAFFERAL and CMEV
were subjected to these harassments. Nawalapitiya in Kandy district reported most of
such incidents.

• CaFFE received reports on incidents of 7 assaults, 21 incidents of assaulting and chasing

out the polling agents in different locations. Among them the following are noteworthy.
- Mr. Wickramarathne, a polling agent of the UNF in Palahera Junior School
polling center in Gampaha was assaulted and chased away by the supporters of
the UPFA

33
 - The UNF polling agent at the Ranapanawa polling center in Puttlam was assaulted
by the UPFA supporters and was hospitalized.
- The attempt of chasing out the polling agents of the UNF and JVP at the
Thabbowa polling center was able overpowered as the election observers and the
police intervenes.

• Most of the incidents reported, numbered 27, were on the violation of the Election Law
and the illegal propaganda activities, which violated the clause 74 of the Parliamentary
Election Act.

• The Election Offices of the candidates which were established illegally in most parts of
the country were opened and active on the Election Day too. These Offices used to
exhibit the party symbols and the preferential numbers of the candidates. These were seen
in the Monaragala, Hambantota, Galle, Polonnaruwa, Madirigiriya, Mannar, Kantale,
Nawalapitiya, Kotmale, Horana, Nikaweratiya, Kurunegala, Maho and Chilaw police
divisions.

34
 CaFFE observers were assaulted by both UNP and UPFA supporters during the election
monitoring process. Nikawaratiya observer Nuwan Sampath and the Nawalapitiya observer
Thusharana Wijayarathna were hospitalized during the election process.

When, analyzing the violations of the election laws, the following acts were seen most common.

- Exhibiting the party symbol and the preferential numbers of the candidates in the
processions with vehicles where the number of the candidates exhibited.
- Distributing cards and small handbills indicating the party symbol and the preferential
numbers of the candidates
- Exhibiting the medium sized cut out on the vehicles
- Requesting votes by using loudspeakers
- The supporters loafing round near the polling centers wearing caps with the party symbol
and the preferential numbers of the candidates.
- It was a common sight that the UPFA supporters were urging the voters to support the
UPFA.
- It was also seen at Kalmunai, near the polling centers the UNF supporters were
requesting the voters to vote for UNF.

The following chart shows the incidents took place on the Election day between 7.00 am and
5.00 pm.

Incident # of
Complains
Assaults (to individuals) 07
Election law violations 64
Misuse of state Property 01
Chasing away of polling 21
agents
Illegal Propaganda activities 27
Others 02
Total 122

3.8. Counting of the Votes

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The Counting of the votes is an important aspect of an election. The Election Observer Groups
and the Political Parties requested the Election Commissioner after the Presidential election to
allow the election observers to present at the counting centers. But the EC did not pay any
attention to this request and not responded.

It will not help the transparency and maintain the credibility of the most important aspect of the
election- the counting, by keeping the observers away from it. In the same time, as many were
discussing the inappropriateness of this move, the EC allowed only two observers to a counting
center as a step to manage what ever the protest emerge with his earlier decision. However, all
know that it is not sufficient to allow only two observers to a counting center and it will help in
no way to improve the transparency and the credibility of the election.

The CaFFE observers were not allowed to enter the counting centers in this election. However,
CaFFE received many reports indicating incidents in and around the counting centers.

There were large gatherings near the counting centers in Kurunegala, Anuradhapura, Matale,
Gampaha, Puttlam, Colombo, Kalutara and Hambantota. The majority among the gatherings
were obviously the UPFA.
4. Post Election Violence

There were 39 post election violent incidents reported to CaFFE from various parts of the
country.

Puttlam, Nuwaraeliya, Kurunegala, Ratnapura, Polonnaruwa and Hambantota recorded the

highest number of incidents after the election.

• The UPFA Member of Parliament Mr. C.B. Ratnayake while traveling from Nuwaraeliya
to Maturata was attacked and fired at him near Brook Side Estate in Ragala on 9th April
2010. The charges in this incident were leveled against the Member of the Provincial
Council of the Central Province Mr. Saliya Dissanayake.
• The UNF Member of Parliament Mr. Range Bandara was severely assaulted by a
candidate of the same party Mr. Shantha Sisira Kumara Abeysekara in a house of a friend
of Mr. Bandara. Mr. Bandara was severely injured and had rushed to the hospital.
• The UPFA defeated candidate Mr. Amir Ali came with a group of his supporters and a
policeman, had attacked 12 houses in Ottamavavi in Batticaloa which belong to the

36
 supporters of another candidate of the same party and injured 9 people. Six people were
hospitalized. It was reported that Rs Fifteen million worth of property was damaged.
• The supporters of Mr. Kumara Welgama and Dr Rajitha Senarathne of UPFA were
attacked and were fired at on 10th April 2010 around 10 pm by another group. The UPFA
Member of Parliament Mr. Rohitha Abeygunawardane was accused for this incident.
• The house of the Chief Minister of the Southern Provincial council Mr. Shan Vijayalal
De Silva, situated in Polwatta, Ambalangoda was attacked by a group on 11th April 2010
early in the morning. Later, Mr. Sachin Vas Gunawardana the UPFA Member of
Parliament had come to the Mr. Vijayalal house and made an apology.
• Mr. C.D.Nandasiri, a former member of Pradeshiya Sabha and a supporter of Mr.
Laxman Perera, an UPFA Member of Parliament for Matale district was injured as he
was shot at on 11th April at Mallawana junction.
• A vehicle belongs to Ministry of Local Government and Provincial Councils, which was
parked at the house of the Central Provincial Council Member Mr. Susil Premarathne,
was set fire. CaFFE believes that these two incidents were acts of taking revenge from
each other.
• Kasun Chamara, a nineteen years old boy, died due to stabbing by a UPFA supporter on
13th April 2010 in Ihala Wewa, in Anamaduwa. The attacker one Senatissa believed to be
a supporter of a candidate of the same party UPFA.

5. CaFFE Observations and the Recommendations

CaFFE as a movement with a solid people base, and as a pressure group, focus on the entire
election picture and steps beyond the mere ‘election’ when presenting its recommendations.

The special feature of the Parliamentary Election 2010 was the increased number of violence
among the supporters of the same political parties. It was also an election which had not taken
any preventive actions, by the Department of Election, the Department of Police and the District
Retaining Officers with regard to preventing the violation of the Election Law.

The Department of Elections was not able to create an atmosphere with equal spaces and
opportunities for all the candidates and political parties, which in fact the pre condition for
conducting a free and fair election. In the same time it was seen that the whole election processes

37
were deviating from the International standards which were stipulated for conducting a free and
fair election.

In this election some of the people who became the mere victims of the prolonged civil war and
who now live in IDP camps and re-settled elsewhere denied the right of vote. The main reasons
for this plight were the failures of the technical arrangements made by the Department of
Elections, which were not familiar with people and the lack of transport facilities for the voters
to go to the polling stations and cast their vote.

5.1. CaFFE Observations

Though Sri Lanka is one of an Asian countries which has a set of most experienced government
officers for conducting elections, it does not have technical capabilities that par with the
International standards. There is an urgent need to update the facilities and the technical
capabilities for work such as preparation of the voter registers, annual updating of the registers
and facilitating the voters who have difficulties.

It is also seen that the outdated tools and equipments were in use. The wooden ballet boxes for
example needs immediate replacement with lighter and more secure boxes or the whole voting
and counting process should be electronically arranged.

The Department of Elections does have the computer software, which were used by the other
countries for preparation of the voter registers. However the Department has not taken any steps
to make use of them and to simplify the whole election process. The department is also has to
prove its commitment to curb the election related malpractices.

As the country has not implemented the 17th amendment to the constitution, which is a part of the
basic law of the country, the Independent Election Commission, the Police and the Public

38
Service Commissions were not in place. Hence it is thus difficult to expect of conducting a free
and fair election in the current circumstances.

In the Presidential Election, 10,495,451 were voted. It was 74.49% of the registered voters. In
the Parliament Election 8,630,889 have voted and it was 61% of the registered voters. Out of this
figure 6.92% (596,972) were rejected. It was seen that in the districts with low literacy levels and
with less facilities and in the places where the plantation people live recorded the high
percentage of rejected votes. Hence there is a need to launch awareness raising programs in these
areas including the Northern and Eastern Provinces to educate the voters in casting their ballots
and related aspects.

In this election, the opposition parties seen very inactive and ineffective. The United National
Party (UNP) was not able even to launch a centrally controlled and monitored election campaign
in the country.

The Sectary General of the UNP has made a complaint and stated that some one had put his
signature in the nomination papers in Monaragala. It clearly showed that not only the party
mechanism but also the mere discipline of the party have collapsed.

The presence of a strong opposition is very important in order really to socialize the true
meaning of the representative democracy.

Compare to the pre-election period, there was a peaceful situation prevailed on the Election Day
in the country except in Nawalapitiya. However when consider the extent, in which the election
laws were violated, misusing the state properties, and the violent incidents took place, this
election cannot be considered as an election conducted in par with the international standards.

5.2 Recommendations of CaFFE

CaFFE presents the following recommendations based on the reports received on observations
and monitoring the election process.

• The steps should be taken to establish Independent Election, Police and Public Service
Commissions in accordance with the basic law- the constitution, in the country before
conducting any elections in the future.
• The transparency should be guaranteed by allowing the Election Observers to involve in
all the aspects of the election including the counting.

39
• The right to vote of the people should be safeguarded by making the people at the
grassroots level aware of the importance and obtaining a proper Identity Card well in
time in order to cast their votes with out any problems.
• It is an utmost need of introducing modern technology to the election process. It is better
if the electronic mechanism introduced to make the voting and counting simpler and
easier.
• A system which is par with the international standards should be introduced in
registration of the voters and there should be systems that enable the people who reach 18
years of age register their names on the very day they reach 18.
• Many voters tend to loose their chances to vote as the voter registers prepare annually.
The election law should be amended, in order to retain their names in the voter registers,
when registered once, unless there is a special occasion which needs to delete or change
one’s name from the registers.
• The election laws should be amended with regard to the elections, which held in districts
basis, for the candidates to reach the voters in an effective way. The clause 74 of the
Parliamentary Election should be amended in order to change the present system.
• Some of the provisions should be introduced to the Parliamentary Election Act of No 1
of 1981, in order to prevent the usage of false names by the candidates in filling the
nomination forms in order to obtain the preferred preferential numbers.
• The Polling Agents and the Counting Agents should be given proper training with regard
to their duties and responsibilities. In addition to that, the Election Department should
make these agents aware of the special measures that the department intends to take in
each election.
• The Counting Officers should be given a proper security through out and till completion
of their duties. . In addition to this, entering to the counting centers should be limited,
other than the persons authorized such as the counting agents.
• The Election Commissioner should intervene, advice and direct the Media institutions
during the election period on the way in which they should be performed.
• The disciplinary actions should be taken against the heads of the Departments,
Corporations and Ministries who did not take any action with regard to the misuse of the
properties of their institutions for the election campaign.
• The Police should carry out the orders and advices of the Election Commissioner and the
District Retaining Officers to curtail the violation of election laws and to control the
groups who involve in election related violent activities. The Election Department should

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 consider of charging the officers who were not carry out the orders given by the Election
Commissioner and the District Retaining Officers.
• It should be considered for counting the votes at the voting centers itself, with proper
security arrangements in order to minimize the election riggings and maintain the
credibility of the elections. Most of the other countries adopt this system and it is better to
be par with the international standards and the practices.
• It was also seen that the Election Commissioner has treated the Election Observer Groups
differently by offering some privileges only to the selected groups. Only two groups were
given permission to enter to the polling Centers this time for example. The Election
Commissioner should introduce the criteria of which a group should fulfill to be a full
pledge election observers group.

The Board of Directors

On behalf of
Campaign for Free and Fair Elections – CaFFE
26 April 2010

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