கவனிக்க: இந்த மின்னூலைத் தனிப்பட்ட வாசிப்பு, உசாத்துணைத் தேவைகளுக்கு மட்டுமே பயன்படுத்தலாம். வேறு பயன்பாடுகளுக்கு ஆசிரியரின்/பதிப்புரிமையாளரின் அனுமதி பெறப்பட வேண்டும்.
இது கூகிள் எழுத்துணரியால் தானியக்கமாக உருவாக்கப்பட்ட கோப்பு. இந்த மின்னூல் மெய்ப்புப் பார்க்கப்படவில்லை.
இந்தப் படைப்பின் நூலகப் பக்கத்தினை பார்வையிட பின்வரும் இணைப்புக்குச் செல்லவும்: Law and Society Trust 1994.09.01

Page 1
OBJECTIVES
The Law and Society Trust Fortnightly R community informed about the activities oft legal personalities associated with the Trust.
awareness on all issues concerning the legal recognition of law as society’s instrument fo)
This joint issue is devoted to the Sri Lankan P year. We reproduce extracts from the report and a shorter report by the International Con in the observation process. We further publ the North, the conduct of which left much to members of the Official Observation Team An overview of the election results forms pal
THE 1994
PARLAMENTARY
ELECTIONS
 
 
 
 
 

2view keeps the wider Law and Society ne Trust, and about important events and Our publication is aimed at raising public
rights of citizens, and at gaining wider peaceful change.
arliamentary Elections held in August this s of the elections by three observer groups agaission of Jurists, which also participated ish a comment on the electoral process in be desired. A dissenting report by some in the polls in the North is also included. rt of this issue.

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Page 3
Report International NGO Elec to the Sri Lanka Par
. Summary
The August 16, 1994 Parliamentary Elections in parliamentary power to the political opposition, an i: composition of the new Parliament must be seen a on election day, but also in the context of the entire marred by an electoral process that favoured the ru political violence. Election day itself went smooth voters of Sri Lanka, who weathered pre-election vi and to the police, who with few exceptions acted i
Three election issues deserve the governgent's hig determined by only two percent of the district's elec distorting the composition of the new Parliament. violations of the criminal law committed during the for office. Impunity from prosecution for seriou process and encouragės violence during future elec readdress the registration requirements and voting of whom, in the face of other hardships they face,
II. Background
On June 25, 1994, President D.B. Wijetunga dis General Parliamentary Election for August 16, 199 end of the Parliament's six-year term and three m November. The last parliamentary elections, held political violence, and electoral manipulation.
in 1978, Sri Lanka's constitution was amended Parliament elected by proportional representation'. those, 196 are elected from the country's 22 elector, elects ranges from 4" in Trincomalee to 20 in Co proportional basis, with the winning party in each The remaining 29 members of Parliament are chose on percentages of the country-wide total vote.
Thirteen political parties and 26 independent grc
Previously, members of Parliament had been ele
* One "bonus seat" is given to the party gaining the
are then divided among the contesting parties according to th
AW. SOCIETY TRUST REVIEW - 1 & 1

of the tion Observer Mission liamentary Elections
of Findings
Sri Lanka resulted in the peaceful transfer of mportant measure of democratic governance. The s having been determined not only by the voting : election campaign. The pre-election period was ling party and by serious and widespread acts of ly and relatively peacefully, a tribute to both the olence and intimidation to vote in large numbers, mpartially and professionally.
ghest priority. First, the elections in Jaffna were torate, tainting the electoral process generally and Second, the government should actively prosecute election campaign, including those by candidates s violations of the law undermines the electoral tion campaigns. Third, the government needs to procedures for internally displaced persons, many were denied the right to vote.
to the Elections
solved Sri Lanka's Ninth Parliament and set a 4. The election date was six months prior to the onths before presidential elections scheduled for in February 1989, were marked by considerable
to create a strong executive presidency and a . The Parliament consists of 225 members. Of al districts. The number of members each district blombo. Seats in each district are divided on a district entitled to one additional "bonus seat". in from national lists of the political parties based
pups (states of non-affiliated candidates) fielded
cted through a "first past the post" system by district.
; highest number of votes in a district. The remaining seats e proportion of votes won.
6 SEPTEMBER 1994 l

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candidates in the election. There were 1,440 candi party was permitted to nominate one candidate fol vacancies. The nomination period was from July
Two major political alliances contested the electio (113) of seats in Parliament is necessary to fi representation system reduces the chance that on Parliament, the minor parties can play a significan
The United National Party (UNP), led by P Wickremasinghe, has governed Sri Lanka since 1' Congress (CWC), a party that represents Indian T.
The opposition People's Alliance (PA) is a formal Freedom Party (SLFP). The PA is headed by Mrs Minister was her daughter, Chandrika Kumaratun and has the support of the Sri Lanka Muslim Congr from 1970-77.
The main Tamil-based political parties include t (EPDP), the pro-PA Eelam People’s Revolutionar Tamil United Liberation Front (TULF). Three s United Front. Three other Tamil parties contested People's Liberation Front. Sinhalese ultra-nationali and the Sri Lanka Progressive Front (SLPF), whic Peramuna in a National Salvation Front.
There are approximately 10.9 million registered v electorate votes in national elections. There were 9 at 7 a.m. and closed at 4 p.m. Once balloting was to one of 1,188 counting centres for the votes to votes of from 10 to 15 polling stations, postal votes law bans rallies and victory parades for one week
Security for the voting was primarily the responsi police were assigned election duty. Each polling sta on duty. About 20,000 members of the armed fo controlled by the militant Liberation Tigers of Tau
The election in the North, particularly the electoral Roughly 80% of the Jaffna peninsula and half of V the LTTE announced that it would not permit voti voters to travel to vote elsewhere. Instead of atten zones, the government set up clusters of polling st of Jaffna (primarily on islands off the Jaffna coa internally displaced persons, less than 5% of the J for the district's 10 parliamentary seats. Security pro-government security forces of the Eelam Pec contesting the election.
2 LAW & SOCIETY TR

lates contesting, of whom 45 were women. Each each district seat, plus 3 to allow for mid-term
to July 11, 1994.
is along with several minor parties. A majority irm a government. Because the proportional 2 party will gain an overwhelming majority in
role even if they garner only a few seats.
esident Wijetunga and Prime Minister Ranil 77. It has the support of the Ceylon Workers' mil plantation workers.
coalition of political parties led by the Sri Lanka . Sirimavo Bandaranaike; its candidate for Prime ga. The PA includes several small leftist parties 2ss (SLMC). The SLFP last governed the country
he pro-UNP Eelam People’s Democratic Party y Liberation Front (EPRLF) and the independent maller Tamil parties formed the Tamil National the Vanni electoral district under the Democratic st parties included the Mahajana Eksath Peramuna h included some elements of the Janatha Vimukti
oters in Sri Lanka. Traditionally, 80-85% of the ,533 polling stations in operation; polling opened completed, the ballot boxes were sealed and taken be tabulated. Each center was to account for the or the votes of internally displaced persons. The following election day.
bility of the nation's police force. About 39,000 tion was to have two, sometimes three, policemen rces were to provide additional security in areas mil Eelam (LTTE).
districts of Jaffna and Vanni, raised special issues. anni district are controlled by the LTTE. In July g to take place in areas under its control or allow pting to have polling stations in LTTE-controlled ations in "cleared" (government-controlled) areas st) and Vanni. Even by adding the votes from affna electorate of 600,000 were expected to vote n the Jaffna islands was largely to be provided by ple's Democratic Party (EPDP), which was also
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Sri Lanka's 11-year-long ethnic conflict has left Tamils and Muslims who fled fighting in the No majority live in displaced persons camps in Vann are scattered throughout the country. By law they polling station close to their present residence
On August 16. Sri Lankans turned out in large voted. Excluding the Jaffna district, where only . where 25% voted, 81% of the electorate cast tl important legal and constitutional issues that were be addressed by the courts and the Parliament.
The election results were tabulated by the mornin is empowered to declare the poll in any polling ar. has not been held. But before making such a dec parties or groups contesting that area. At 3 Chandrananda de Silva convened a meeting of th districts. At this meeting all the political parties results in these two areas, even though it was a proper. The Commissioner agreed and released t
The PA won a sufficientiplurality of seats to form candidate. The PA received a total of 105 seats.
TULF - 5 seats: DPLF - 3 seats; SLPF - 1 Seat; The illegitimacy of the Jaffna vote is highlighted
about 37,000 votes obtained, while each EPDP Se votes. Following President Wijetunga's request t Kumaratunga was sworn in as the Prime Minister
III. Note on
This report is based primarily on information gath Non-Governmental Organisation (NGO) Election Mission was organized by the International Huma non-governmental election monitoring organisatio Elections (MFFE) and the People's Action for Frt
The International NGO Election Observer Mission ties with the official International Observer Group Sri Lankan government or any other international the International NGO Forum on Sri Lanka. Development Cooperation (NOVIB) was instrume NOVIB, funding was provided by the Interchurch C Misereor, CAFOD, TROCAIRE. Secours Cathol
Had the results in these districts been declared in
have been declared. In that event, the national list could n concluded.
* The national list seats were as follows. PA 1.
LAW & SOCIETY TRUST REVIEW - 1 & 1

600.000 to 800.000 people displaced. Most are rth and East for government-controlled areas. A Batticaloa. Anuradhapura and Puttalam. Others
are permitted to vote for their home district at a
lumbers to vote. Overall, 76% of the electorate '% of those eligible voted, and the Vanni district. heir ballots. The elections in these areas raised not immediately resolved. and which will need to
g of August 17. The Commissioner of Elections a or district invalid if in his opinion a proper poll ision the Commissioner must consult the political
p.m. on August 17. Elections Commissioner e political parties contesting the Jaffna and Vanni for different reasons, asked him to validate the ccepted that the polling had not been completely he election results
a government with the SLMC and an independent UNP - 94 seats: EPDP - 9 seats: SLMC - 7 seats: independent candidate Chandrasekeran - 1 seat. by the fact that each UNP and PA seat represents 'at, all won in Jaffna, represents only about 1.000 hat she form a government. PA leader Chandrika
of Sri Lanka on August 19, 1994.
Methodology
ared in the field by participants to the International Observer Mission. The NGO Election Observer in Rights Law Group at the request of Sri Lankan ns. in particular the Movement for Free and Fair 2e and Fair Elections (PAFFREL).
acted independently. The Mission had no formal sponsored by the Commission of Elections of the observer mission. The Mission was facilitated by The Netherlands Organisations for International ntal in providing financial support. In addition to rganisation for Development Cooperation (ICCO). ique. Caritas Netherlands. APHD (Hong Kong).
valid, the 196 members from the electoral districts cauld not }t have been declared and the election could ni nave been
... UNP - 13, SLMC - TULF - 1
6 SEPTEMBER 1994
3

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Christian Aid (UK), Diakonisches Werk (EKD, S
The Mission consisted of 35 participants from 13 were from Asia, the rest from Europe and Nortl varied widely, but most were human rights activi election observation or human rights monitoring.
The Terms of Reference of the International NGO local NGO election observers to determine to wh; Sri Lanka on 16 August 1994 are free and fair international human rights laws and standards". from three to four days prior to Polling Day. They election observers and provided with background International Human Rights Law Group made a fo send an International Observer to the Jaffna district reply was received. Observers were issued tra Batticaloa and Trincomalee.
Election Observers travelled to the following 15 noted parenthetically): Badulla (1), Matale (2 Kurunegala (4), Vanni (1), Moneragala (1), Galle ( Puttalam (2), Ratnapura (3), Kegalle (1) and Kalu one full day in their district before Election Day. where Sri Lankan NGOs had an organised pri arrangements.
The International Observers, with the assistance groups, met with local government officials, party and religious figures, and ordinary voters to assess On Election Day itself, they visited anywhere frc visit as many polling places as possible, howeve much information as possible on serious infractic violence or intimidation that would affect the ext monitors stayed in their districts from one to three particularly in regard to ballot box collection and this period was hampered by the government curf
The International NGO Election Observer Missio in Sri Lanka for logistical support and background individually responsible for the accuracy of their of the International Human Rights Law Group
participants to the International NGO Observer M
The International Human Rights Law Group gr; information provided to the Election Observers b NGOs, police officers, government officials, cand voters. We specifically wish to thank those indi risk, with information on serious abuses of huma findings can help bring about justice for the vic ensure that such problems are not repeated in ful
4. LAW & SOCIETY T.

DEC and Bread for the World Germany).
ountries. Approximately half of the participants America. The backgrounds of the participants ts or lawyers. All had experience in Sri Lanka,
Observer Mission state: "The Mission is to assist t extent the parliamentary elections to be held in in accordance with the laws of Sri Lanka and The International Observers arrived in Sri Lanka were briefed by both Sri Lankan and international information on the elections. On August 2, the rmal request to the Commissioner of Elections to , which requires government authorisation, but no rel passes by the Ministry of Defence to go to
:lection districts (the number of Observers sent is ), Batticaloa (4), Trincomalee (2), Kandy (1), 4), Colombo (3), Gampaha (2), Anuradhapura (1), tara (2). With a few exceptions, they had at least
The districts chosen were primarily those areas sence and could properly assist with logistical
of an interpreter and local election monitoring officials and supporters, prominent local persons the situation in their district prior to Election Day. m 10 to 20 polling places. Rather than trying to r, the International Observers sought to gather as ins of the electoral regulations and serious acts of nt to which the elections were free and fair. The days following Election Day to assess the situation, vote counting. The work of the Observers during w, which limited travel and access to information.
relied on various non-governmental organisations information, but the International Observers were findings in the field. This report is a publication and does not necessarily reflect the views of the fission.
tefully wishes to acknowledge the assistance and y hundreds of Sri Lankans, including members of dates and other party members, as well as ordinary fiduals who came forward, sometimes at personal rights and other criminal acts. We hope that our ims of election-related violence, and also to help ure democratic elections in Sri Lanka.
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V. Pre-E(
The pre-election political climate in Sri Lanka had on Election Day. Under Sri Lanka's proportional in voters can have an important impact on the d which the elections were free and fair must be fram for conducting elections in Sri Lanka, as well as to by the political parties.
The mechanisms for conducting elections in S Longstanding limitations on the freedom of express make it more difficult for opposition parties to con the ruling party has been the use of state propert retained ministerial or sub-ministerial rank. Fina village officers, virtually all of whom were appoir
Political violence during the pre-election period w Police reported receiving more than 3,000 electionand as many as twenty deaths may have been attrib of serious pre-election violence and intimidatio attributed to UNP supporters, although no party concern were acts of viblence and intimidation by police or other local officials.
1. Laws Affecting the Fairness of the Elect
it is inevitable in a parliamentary democracy that advantages in an election that are unavailable to undertake local development projects or conduct fo ability to influence voters. There were, for instanc promotions for senior police officials and teachers been a last-minute effort to win their allegiance.
The Law Group is concerned with electoral dispa incumbency. These include laws and practices expression of Sri Lankan citizens, election regulati ruling party, and the improper use of state propert the Law Group found that the ruling party had sig
A. General Restrictions on Fundam
Government domination of the media provided
significant electoral advantage. The active domestic relatively free to cover matters of political importan East remains very restricted. While newspapers in newspaper chain, the Lake House group, is gover
For instance, on August 9, two Deputy Inspectic pector General, bringing the total number in the departme:
LAW - SOCIETY TRUST REVIEW - 1 - 1

ction Phase
an undeniable - but also indeterminate - influence representation system, a small but localised shift stribution of parliamentary seats. The extent to ed by an assessment of governmental mechanisms he extent of pre-election violence and intimidation
i Lanka substantially favour the ruling party. ion, as well as special election-related restrictions, municate their political message. Also favouring y by those UNP candidates (91 in number) who lly, administration of voter registration lies with ted by the ruling party.
is serious and widespread. The Superintendent of related complaints from July 3 to August 16, 1994 uted to the campaign. The great majority of cases reported to the International Observers were was guiltless of acts of violence. Of particular candidates themselves, often with members of the
ion
an incumbent political party will retain certain the opposition. So long as the government can oreign policy, the ruling party maintains a unique e, many reports that UNP ministers had provided just prior to the election, in what appears to have
rities that go beyond the inherent advantages of that undermine the fundamental rights of free ons that significantly and unnecessarily favour the y and the state apparatus. In each of these areas, hificant advantages over the challengers.
ntal Rights
the incumbent UNP and its supporters with a ; press corps in Sri Lanka has in recent years been ce, although coverage of the war in the North and he country represent all political views, the major hment owned. Its coverage of the elections was
r Generals in Colombo were promoted to Senior Deputy it to five.
, SEPTEMBER 1994 5

Page 8
heavily biased in favour of the UNP, not only i stories.
There is far less diversity in the broadcast media th has allowed non-government owned radio and tele maintained its monopoly over local news coverage radio is normally biased towards the government,
Coverage was given to UNP activities and meetin, rallies were not covered. The opposition election there were many feature programmes describing advertising by state banks, insurance agencies anc little more than blatant campaign promotions for
The ruling party was willing to manipulate the pre the eve before the election, both state-controlle interview with Gamini Iriyagolle, a well-known S criticised the PA for its views on the ethnic quest country on an ethnic basis. He quoted from a 19 which she had spoken in defence of the rights of did not express support for the UNP, his message owned television network for partisan political pur prohibiting electioneering and the solicitation of \
Findings: The existing governmental control oft freedom of expression. During an election perio, an unwarranted political advantage to the ruling p Lanka to end its virtual monopoly on domestic tel
B. Electoral Restrictions on Freedc
Sri Lanka's Parliamentary Elections Act (Act
restrictions on the most common forms of camp campaign posters in all public places and on door-t families. While many countries have time and pl Sri Lanka are so broad as to infringe on the free
Many countries restrict the use of posters and s Parliamentary Elections Act sharply limits fre electorate by banning all handbills, placards, pos places'. Such signs are also banned from all veh
Candidates and their families are prohibited from handbills or notices from the last day of the nom
These election law prohibitions on campaigning
Parliamentary Elections Act, art. 74. The law an election meeting is to be held.
7 Parliamentary Elections Act, art. 75.
6 LAW & SOCIETY TK

editorials, but in its news accounts and feature
an in the newspapers. Since 1993 the government vision stations to operate, but the government has While general news coverage over television and during the election campaign it was even more so. gs presided over by the President, while campaign campaign was completely ignored. In addition, the activities of various government projects and other state-owned enterprises. These were often the UNP.
'ss for its own political advantage. On August 15, i television networks broadcast a twenty minute inhalese nationalist, in Sinhala. Iriyagolle sharply lon, asserting that the PA intended to carve up the 88 speech by PA leader Sirimavo Bandaranaike in self-determination of Tamils. Although Iriyagolle was evident. This was a clear misuse of the stateposes and possibly also a violation of the regulation rotes in the 48 hours before election day.
2levision and radio news violates the basic right to d, governmental control of the broadcast media is arty. The Law Group urges the Government of Sri evision and radio news.
om of Expression
No. 1 of 1981, as amended) contains onerous aigning. Chief among them are the total ban on o-door canvassing by candidates for office and their ace restrictions on campaigning, the regulations in lom of expression.
igns during an election campaign. However, the !dom of speech and access of candidates to the cers, drawings, party symbols, etc. from all public icles except the one conveying the candidate.
undertaking door-to-door canvassing or distributing ination period all the way through election day.
favour well-known incumbents over lesser-known
permits signs at or in the immediate vicinity of a place where
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Page 9
challengers. The broad scope of these provisions. and place, appear in violation of international hur
The failure of the regulations against postering Enternational Observers. Posters and other party painted numerals reflecting individual candidates other sites guarded by the police or military conve on the part of the authorities. In Colombo, for opposition, though it is not clear whether this w regulations, bias by the police in allowing more U greater financial resources.
Particularly egregious was the widespread placeme and signs of the number 18 on a green backgro Minister Ranil Wickremasinghe. It seems doubt signs could have been carried out without the ca raised as to the role of the police, who apparently unlawful signs, arrest those involved, or see that
The following case highlights some of the proble
Unlawful Campaigning (Kalutara). On the Presidential Secretariat arrived in Horana, Kal was a large picture of President Wijetunga whi work done by him in the past year", and at the the poster read: "Not to be put up in public". the country.
Those responsible asserted that the hanging of not a candidate in the parliamentary election. going up but took no action. A crowd of PA damaged it; no injuries to individuals were re notified of the posters, they were removed.
The effects of these overly broad election regulat candidates, particularly those less known, to co Second, the authority and impartiality of the pol pasting of posters. Even if bias were not a fa resources, especially in politically tense electo canvassing when there are more pressing matters.
Findings: Government regulations prohibiting canvassing of voters by candidates and their fa freedom of expression, the laws affect the fairness
The Law Group urges the Sri Lankan government ti Total prohibitions on posters and canvassing cou address the problems associated with these prac special public places where campaign posters coul removal of posters or enforce campaign spending
LAW & SOCIETY TRUST REVIEW - 1 &

extending beyond reasonable restrictions on time han rights law on freedom of expression.
was visible in every major town visited by the material - from ribbons in party colours to large - were ubiquitous. The plastering of bridges and red an impression of indifference to the law or bias instance, UNP posters overwhelmed those of the as a result of a greater willingness to violate the NP signs or fewer PA ones, or simply the UNP's
nt in Colombo on the night of August 14 of posters ind - the Colombo ballot number of UNP Prime ul that such a massive production of posters and ndidate's knowledge. Serious questions are also took little or no steps to prevent this plastering of they were promptly removed.
ms of the overly restrictive anti-poster law:
: eve of Election Day, a team of 15 persons from the utara district and put up two posters in the town. One ch read in Sinhala at the top: "You have seen the clean foot: "Victory is certain". In tiny lettering at bottom
The other poster accused the PA of planning to divide
the posters was not unlawful because the President was
Police in the vicinity reportedly watched the posters supporters gathered around the poster team's van and ported. Soon after higher-ranking police officers were
ions are two-fold. First, they limit the ability of mmunicate their political message to the voters. ice is undermined by their failure to prevent the ctor, it is a tremendous waste of limited police rates, to be combatting unlawful postering and
he public display of posters and prohibiting the mily members are overly broad. By limiting the
of the electoral process.
2 adopt less restrictive regulations on campaigning. ld be replaced with less restrictive measures that ices. For instance, the government might create d legally be pasted, charge political parties for the limits against candidates.
6 SEPTEMBER 1994 7

Page 10
2. Manipulation of the Electoral Process
A major concern of the opposition parties prior to process by the ruling UNP and law enforcement cars but also the services of government emplo campaigns seems to have been widespread. The fa particularly persons displaced by the ethnic conflic did not engage in a concerted campaign to suppor turned a blind eye to open abuses of the law, p property by UNP candidates with ministerial statu
A. Unlawful Use of State Resources
The UNPos election campaign benefitted from havi during the pre-election period. Whereas the dissol of Parliament their benefits of office, all cabinet, s members of Parliament) retained theirs. The ea manipulate this system was evidenced by Preside Parliament was dissolved, to confer seven new mil
Administrative regulations, establishment codes property for anything other than official purposes many UNP ministers. Moreover, there was no authorities to prevent such practices; in some unconfirmed reports of government civil servants UNP. And even so modest a perk of office as a g local campaign.
The misuse of ministerial positions by the ruling p support under the guise of additional security. International Observer that for security reasons e. armed constables with two police vehicles. Proj Hurulle, was seen in Horowapattana, Anuradha polling day. His own vehicle, filled with men w by a police vehicle.
The most widespread and visible abuse of state r UNP ministers and sub-ministers. At a press c provided detailed information on more than two c by government officials reputedly for campaign p
Virtually every International Observer reported candidates, among the cases:
Unlawful Use of Government Vehicles (B. candidate W.J.M. Lokubandara used three gov the cars with UNP campaign material.
9
"UNP Using Government Resources for Polls'
8 LAW & SOCIETY TR

the election was the manipulation of the electoral uthorities. The use of state resources, primarily yees, by UNP ministers for their own political lure of local officials to register all eligible voters, t, was another serious problem. While the police t the ruling party, many law enforcement officers articularly restrictions on the use of government
S.
ng 91 of its candidates retain their ministerial posts ution of Parliament on June 24 deprived Members tate and project ministers (who ordinarily are also se with which the ruling party in Sri Lanka can :nt Wijetunga's announcement, two weeks before listers with portfolios, all to members of the UNP.
and departmental orders prohibit the use of state . In practice, these laws were openly flouted by concerted effort on the part of law enforcement cases, they participated in them. There were being requested to take on campaign tasks for the government car can be a significant advantage in a
arty gives local police an excuse to provide political In Anuradhapura district, the police told the ach minister was entitled to one sergeant and five act Minister for Science and Technology Themiya pura unlawfully campaigning within 48 hours of earing UNP green, was escorted through the area
sources concerned the use of government cars by onference on August 3, Chandrika Kumaratunga ozen state-owned vehicles that had been requested urposes’.
he unlawful use of government vehicles by UNP
dulla). Throughout the campaign UNP minister and ernment vehicles, covering the government emblems on
Work, alleges Chandrika", Island, 4 Aug. 1994.
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Violence, Unlawful Use of Government We Muslim Congress reported that on August 5 at council members had used a government vehic cycles were damaged in the attack.
Findings: The unlawful use of state resources by among the most frequently cited violations commit an unfair and unlawful advantage to the ruling government to better enforce existing laws on 1 campaigns or to strengthen the laws so that such p
B. Manipulation of Election Process
The problems with voter registration were mostly officials, particularly grama sevaka niladhari (villa with a view to promoting the interests of the UNP
1) Registration and Polling Cart
The most important problems with voter registrat political. Each year in June and July, village of households in their area. These must be filled in who sends them to the elections department. The ho office. Once the voter registers are compiled, nor that the registers are available for inspection at va does not appear can then have it added.
At the election, the registers used are the latest cer registers were for 1993; thus, many otherwise elig discussed in section 4(B), thousands of internally d to vote, many because they had no opportunity to available were for 1986.
Much of the confusion about the registration pro education. In a number of areas, voters believed ballot. This created problems in areas where, fol deliver all of the polling cards. In Oddamavaddai, many voters had not received their polling cards b Madam, Batticaloa, some 300 polling cards were though without proof, that the failure to deliver the people working in the post office. The absence of deterred many from voting.
The most frequently expressed political concern a grama sevaka niladhari (village officers). All
government - most of them have been appointec responsible for the preparation of up-to-date voter left on voter lists or displaced or opposition party vo While there were few clear-cut cases reported of e fact that they were political appointees heightened
LAW & SOCIETY TRUST REVIEW - I & I

hicles (Digamadulla). In Ninthavur, the Sri Lanka 2.30 a.m., a group led by two known UNP provincial le in an attack on their local party office. Four push
the UNP, particularly government vehicles, was ed during the campaign. Such practices provide party. The Law Group urges the Sri Lanka he use of government property during election ractices do not continue.
es by Local Authorities
ones of confusion. However, a number of local ge officers), seem to have conducted registration , rather than acting as impartial administrators.
ls
ion appeared to have been logistical, rather than ficers distribute registration forms to all of the by the chief occupant and returned to the officer, usehold receives no acknowledgement from either mally at year's end, there is a public notification rious government offices. Anyone whose name
tified ones available. For this election, the latest gible 18 year-old voters were unable to vote. As isplaced persons were also deprived of their right ) register. In Jaffna district, the latest registers
ress could have been alleviated by greater voter he polling cards were necessary for casting their whatever reason, the post office was unable to one of the more tense areas of Batticaloa district, y the afternoon before the election. In Kurukkal never delivered. Some local persons believed, m was a politically motivated action by pro-UNP polling cards created confusion and doubtlessly
bout the registration process was the role of the grama sevakas are political appointees of the in the last 15 years by the UNP. They are ists. Frequent reports of deceased persons being ters being left off the lists were difficult to prove. lectoral misfeasance by grama sevakas, the very concerns about their partiality.
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Eligible Voters Removed from Registration PA alleged that at least 75 and as many as 200 A registration book from the previous election PA believes the names were deleted when the V officers. The PA in Magalla North also alleg lists there. In two nearby villagers, PA suppo of the lists there.
Findings: Many otherwise eligible voters were un, for this election closed more than a year ago. P Greater voter education is needed to clarify the p, distributing them.
The administration of the registration process by th the fairness of the process because they are politic list tampering by village officers were infrequen, impropriety. The Law Group urges that the regist not appointed for political reasons.
2) Police Bias
There were relatively few cases of police partiali criminal law. Credit for this must go in large mea and steps taken by his department to ensure equal
The main failing of the police in this regard was th the widespread unlawful pasting of campaign pos violated by the UNP. In some cases it reflected enforce a perhaps unenforceable law.
Police Bias and Poster Removal (Kurunegal Kurunegala district of police showing favouriti intact. For example, on August 5 at 9.30 a.m. Ambampola police station forced a store work Kumaratunga and to tar posters of local PA contrast, posters advertising UNP candidates a after the President's visit.
Bias in Law Enforcement (Gampaha). On A posters when a group of UNP supporters arri Mr. Rohitha, fired a revolver three times toy released him without bringing him before a m implicated in the death of Stanley Joseph Fern.
Unfair Restriction on Campaigning (Color Colombo, denied the organizers of a PA rally rally already had municipal approval. The C permit on the grounds that the UNP was sche the planned UNP meeting place was a Small te) was an unfair basis for denying a permit. General.
10 LAW & SOCIETY TR

Lists (Galle). In Magalla North in Galle district, the PA supporters were missing from the registration lists. confirmed that these individuals had then voted. The oter registration lists were being prepared by the village ed that up to two dozen minors had been added to the ters said about 50 names had been removed from each
able to vote simply because the registration period articularly affected were young, first-time voters. urpose of the polling cards and the procedure for
2 grama sevaka niladhari creates uncertainty about al appointees. Even if actual cases of registration , the process was marred by the appearance of ration process be administered by persons who are
ty in the enforcement of serious violations of the sure to Inspector General of Police Frank de Silva
enforcement of the law.
le acquiescence to (and occasional participation in) ters in public places, a regulation most flagrantly police bias; in others a shortage of personnel to
a). There were at least four reports from Wariyapola, sm by destroying PA posters while leaving UNP posters i., Sub-Inspector Wijeratne and other officers from the er to tear down posters featuring PA leader Chandrika
candidates. A PA complainant maintained that, by ind a visit by President Wijetunga were left intact until
ugust 12, several PA supporters were pasting campaign ved and threatened them. One of the UNP supporters, wards the sky. The police arrested Rohitha, but soon gistrate, the proper legal procedure. Rohitha had been ando, a PA activist killed on July 19 see section 3(B)).
mbo). According to the PA, the police in Dehiwela, a permit to use a loudspeaker. The planned August 10 )fficer in Charge refused the organizers a loudspeaker duled to hold a meeting nearby. The PA claimed that tile shop that could hold only a dozen people - and thus he refusal was upheld by the local Deputy Inspector
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Electoral Manipulation by Police (Matale). l that on August 15, Senior Superintendent of P officer. The new officer, Mr. Samarasinghe, Aluvihare. Zeirideen contested the change.
Interference with Law Enforcement (Kand Hasalaka, Kandy district, was transferred twi Higher Education Minister Tissa Attanayake, were holding a peaceful protest.
Interference with Law Enforcement (Badulla Daya Bandula Gooneratne was reportedly trans Lakshman Seneviratne that he had removed the the policeman was entitled to do.
Unequal Enforcement of the Law (Badulla) broke up a meeting of 400 PA supporters who P.B.B.D. Priyanjan in Galanda, Viyaluwa. Th that rallying was not allowed, to which the can to facilitate distribution of the manifesto.
Having reached an apparent agreement with the
day at a bus stand in town prior to the grou attempted to arrest the candidate on the basis of the police arrested fellow PA candidate K. Guna arrested as a substitute for himself. In the con where Fernando was being held, but the police not try to arrest Priyanjan again). The polic threatened to stage a hunger strike outside the s
Whatever the merits of the alleged police action play on August 13 when UNP President Wijet challenged by Priyanjan, the senior police inspe violation of election regulations, but that his su
Findings: There were many complaints by oppositi enforcement of the election law. Many of these a nature of the law. With respect to serious viola appeared to act in a highly professional manner thr Inspector General of Police to assess election-relate take properaction against those police who failed to
3. Pre-Election Violence and Intimidations
A. General
Throughout the election campaign there were seriou of the country. According to Inspector General of are connected with election meetings when people a provoked by rival párties particularly when passing
"Police Ready for Any Eventuality", The Sunday
LAW & SOCIETY TRUST REVIEW - 1 & It

A candidate A.C.M. Zeirideen in Matale town reported lice Dhamaratne changed the counting center security as known to be a close friend of UNP candidate Alick
). Officer in Charge C. Abeysinghe Bandara from 2 reportedly on an allegation by UNP candidate and hat the officer had not dispersed PA supporters who
). In Mahiyangana, Badulla district, Officer in Charge erred on the basis of a complaint from UNP candidate candidate's flags, banners and posters, which by law
On August 10 at 10 a.m., about 50 police forcibly had gathered outside the home of candidate Anslam senior police inspector present explained to Priyanjan lidate replied that the gathering was simply a meeting
police, Priyanjan gathered his supporters at 2 p.m. that p's returning to his house. The police arrived and "illegal rallying". He eluded them, but at 3.30 p.m. ena Fernando. According to Priyanjan, Fernando was mpany of lawyers, Priyanjan visited the police station refused them access to the detainee. (The police did ce released Fernando later that day, after Priyanjan station.
against the PA, unequal police enforcement came into unga visited Badulla and staged a UNP rally. When ctor replied that he had wanted to block the rally as a perior had ordered him not to do so.
2n parties regarding alleged bias by police in the legations may have reflected the unenforceable tions of the criminal law, the police generally ughout the campaign. The Law Group urges the d complaints with respect to the police force and uphold the law because of political partisanship.
acts of politically motivated violence in all parts 'olice Frank de Silva, "the majority of incidents e going to and from the meetings. Incidents are the election offices situated close by".
bserver, Aug. 7, 1994.
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Violence peaked towards the end of the party nom through July 1 1. The last day for nominations pro parties came out in strength to hand in their nomi explained why violence was so prevalent on July
The handing in of nominations, consider festive affair. District leaders of parties at in their nomination papers; they are garla a reception or a short meeting in a kind of tension which is usually released in hootir been some instance of violence during pa higher than usual and degenerated into vic
Violent clashes between opposing groups of party The most serious clashes, typically involving the Galle, Gampaha, Kegalle, Kalutara, Matara, Mata
Party Clashes, Killing (Kalutara). In Kaluta PA candidate Reginald Curet exchanged blows in their nomination papers. Reginald Curetre to a number of serious clashes between UNP a and elsewhere in the distriq.
At 2.30 p.m. that day, a group of UNP suppo) members who were congregating on Kalutara persons also fired shots at those on the bri
Gunatileke in the chest. He was taken to a ho
Witnesses to this and other incidents in Kalutal violence that occurred. By the time order was
injured to the police and several dozen cars a that bottles filled with sand were used by p planning or expecting violence. Because of th of violence, Western Province (South) Deput Senior Superintendent of Police Jagath Jayaw:
Party Clashes (Ratnapura). In Ratnapura ti attacked two buses carrying PA supporters. belonging to UNP candidate Susantha Pu Wickremasinghe. The clashes worsened and in Several persons, including a policeman who fi
Findings: Much of the violence that occurred premeditated, but resulted from altercations betw violence. The Law Groupurges the political par with other parties, to minimise the possibilitic promulgation of codes of conduct for supporters v
'' Inform, "Special Report I: Polls Related Viole
12
LAW & SOCIETY TR

nations period, which began July 4 and continued ved to be the most violent, as all the major political nations. The human rights organisation INFORM 11:
ed the real start of the campaign, is generally a tend with their candidates and supporters and hand hded outside the office, and are then conducted to motley procession. The occasion generates some g and jeering at one's opponent, though there has it elections. This time, however, the tension was plence in a large number of places".
supporters were reported in virtually all districts. UNP and the PA, were reported in Anuradhapura, le, Polonnaruwa, Puttalam and Ratnapura.
ra town on July 11, UNP candidate Mervyn Cooray and inside the Kalutara Divisional Secretariat while handing quired treatment for a fractured nose. The outburst led (nd PA supporters both inside and outside the Secretariat
rters, identified by their green hats, hurled stones at PA bridge after handing in nominations. Two unidentified dge, seriously wounding PA supporter Rajawangsage ospital where he later died.
a felt that the police did little to prevent the widespread restored in Kalutara town, 45 persons had been reported nd buses were damaged throughout the town. Reports arty supporters indicated that the parties were either eir failure to control the situation and prevent the spread iy Inspector General T.V. Sumanasekera and Kalutara ardene were transferred out of Kalutara.
own on July 11, clashes erupted after UNP supporters The PA supporters responded by stoning the vehicles inchinilame and Environment Minister Dr. Wimal umerous people were injured, including two policemen. red his gun into the air, were taken into police custody.
in the pre-election period did not appear to be een groups of party supporters that escalated into ties to take steps, individually and in Consultation is of such violence in future campaigns. The would be a useful start.
nce", July 1994.
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B. Killings
Approximately 20 persons died in apparent electi Supporters of the PA were the victims in most of t of cases so far reported, it has not been possible to motivated or resulted from a personal dispute.
Killing of Buddhist Monk (Puttalam). In \ attacked a People's Alliance meeting that follo a UNP provincial councillor reportedly orde Suduwelle Uparathana Thero, a Buddhist mon but succumbed 15 days later. Another PA Sup injuries he received after being beaten by the
Killing (Ratnapura). PA supporter Jayasun result of head injuries received on July 11 in F stoned by alleged UNP supporters, identified b vicinity and took no action against the attacke
Killing (Puttalam). On July 19 about 1 a.m., named Rohitha and a group of some 15 men a PA supporter Stanley Joseph Fernando in We were wearing black. They beat Mr. Fernando able to bring him immediately to a hospital beca 6 a.m. The homes of Mr. Fernando and five in died without regaining consciousness. An auto and had suffered serious injuries to the brain.
Killing (Kurunegala). On July 25 at 6.30 p.n district, a group of persons assaulted PA suppoi alleged that the assailants were led by Milton S party members. S.D. Jayasinghe died on July
Killing (Anuradhapura). On July 28, more til home of PA activist Navaratnarajah Tilakaratn dead. The shooting reportedly followed a viol magistrate's hearing in Anuradhapura implicate Anuradhapura, W.P.B. Ekanayake. IPA activis responsible for making death threats against til Rasika Gayan Ekanayake, until August 10.
Killing (Galle). An altercation between UN Mapalagama, Hiniduma, Galle district on Aug Ruwan Chaminda. The police later arrested UN
Killing (Badulla). In Taldene, Mahiyangana, E PA supporter W.M. Piyadasa killed UNP suppo the residents of Lalgelande village in Taldene. ( their polling cards). The accused was arreste Badulla on August 16.
In several cases, candidates themselves were in
LAW & SOCIETY TRUST REVIEW - 1 & 1

in-related killings during the pre-election period. he cases reported to the Law Group. In a number ascertain whether a killing was in fact politically
lenniappuwa, Puttalam district on July 11, supporters ved the submission of nominations. During the attack, red the police to fire at the PA supporters. Ven. k, was seriously injured. He was taken to a hospital, porter, a trader named Gunaratne, was hospitalised for JNP group.
lara Mudiyanselage Amarasinghe, aged 27, died as a almadulla. A 40-bus convoy he was travelling in was t their green clothes. The police reportedly were in the Sస్థా
UNP provincial councillor Sugath Tissera, a supporter legedly broke down the door and entered the home of anappuwa, Puttalam district. Witnesses said the men until he was unconscious, but family members were not use the men were seen in the vicinity of the house until eighbours were damaged by the group. Mr. Fernando psy report concluded that he had several fractured ribs The police later arrested Tissera and Rohitha.
n. at the Alabada junction in Kuliyapitiya, Kurunegala ter S.D. Jayasinghe with bricks and bottles. Witnesses unil Perera, a UNP supporter and driver for prominent 26 as a result of his injuries.
lan ten persons armed with automatic rifles entered the in Pillayarwatte, Anuradhapura district and shot him 2nt confrontation between UNP and PA supporters. A i Rasika Gayan Ekanayake, son of UNP candidate from ts in the area alleged that W.P.B. Ekanayake had been hem. The magistrate remanded 9 suspects, including
P and PA supporters returning from a PA rally in ust 9 resulted in the stabbing to death of 17 year old P supporter L.K. Bandaragoda as the suspect assailant.
adulla district on August 15 at approximately 10 p.m., rter Aron Premaratne for collecting polling cards from The victim was reportedly intimidating residents to get | by the police and brought to police headquarters in
plicated in killings:
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Killing, Possible Candidate Involvement (Anu assaulted at his home in Makulawa, Eppawala, 20 men who set fire to his house. According to police to report the incident, he was attacked stabbed. The Anuradhapura magistrate ord Telecommunications A.M.S. Adikari and two o attack. On August 1, a court released Mr. Adik evidence implicating him was insufficient.
Killings, Possible Candidate Involvement (Pol district, PA candidate T.B. Mahalekam and supporters travelling by bus in a motorcade to Women's League member Ms. H.W. Kusumal. clash and later died from their injuries. Altoget The police arrested Mahalekam and four others
Killing, Possible Candidate involvement (Pol others were injured during a shooting incident th It is alleged that persons in a jeep arrived at Rajimudeen died from his wounds on August 11 the police in connection with the incident and w witnesses were questioned by the police.
Several government officiils were also implicate
Killing, Possible Official Involvement (Kandy two others were seriously injured, when an alleg Hasalaka, Kandy district, on August 2. The assai Development Council) President Kannangara, De Sabha member Serasinghe. T56 machine guns a attack, which left a total of 13 persons injured.
Killing, Possible Official involvement (Ku Ratnayake reportedly shot dead PA supporte Kurunegala district at 11.30 p.m. on August Piyatilake had entered Dhanapala’s home and tol Dhanapala refused, Ratnayake shot him with a
After the shooting, PA supporters attacked ho Several thousand people gathered outside Ratnay, take action against him. An unidentified person in the building at the time. The police arrested until August 22 and to date remains in custoc politically motivated murder attempt'.
In a number of the killings reported, there was
'' On May 28, 1994, R.M.T.B. Ratnayake and a Tulakaratnam in Meegalaawa, Galgamuwa, Kurunegala distric threatened to destroy his house. They asked him to stop suppo others threw stones at him. The victim was hurt and hospital Meegalaawa, but not until after the killing of Dhanapala on Au
14 LAV & SOCIETY TRU

radhapura). PA organiser R.N. Piyasena, 38, was nuradhapura district on July 29 by a group of about family members, when Mr. Piyasena travelled to the with knives by the same group of men and fatally red the arrest of UNP minister for Posts and his supporters for their alleged participation in the ri on Rs. 5000 (US $ 100) bail after determining that
nnaruwa). On July 11 in Diyabeduma, Polonnaruwa is supporters reportedly stoned a group of UNP Jakamuna. Two persons travelling in the bus, UNP tha and Mr. Piyadasa were critically injured in the er over 17 persons were injured during the incident. for their suspected involvement in the killings.
onnaruwa). PA supporter M. Rajimudeen and four at took place at a PA rally in Thambala on August 5. the rally and opened fire at the assembled crowd. . UNP candidate E.D.B. Ekanayake was arrested by as released on Rs. 5,000 bail (US $ 100). About 25
d in election-related deaths:
7). Mr. K.A. Singho, 60, was fatally wounded, and ged group of UNP supporters fired into a PA rally in tlants were identified as Pradeshiya Sabha (Divisional puty President E.M.P.W. Navaratne, and Pradeshiya nd double-barrelled guns were reportedly used in the
unegala). UNP provincial councillor R.M.T.B. r H. M. Dhanapala in Meegalawa, Nikawerratiya, 4. The police said Ratnayake and village officer d him to remove a PA poster beside his house. When pistol, killing him.
mes in the area belonging to members of the UNP. ke's liquor shop and residence, demanding that police set fire to the shop and residence; Ratnayake was not | Ratnayake on August 5. He was further remanded ly. Ratnayake had previously been implicated in a
no clear evidence of political motivation:
group of about 50 persons had gone to the house of R.A. ... Ratnayake had threatened to kill R.A. Tulakaratnam and ting the PA and when he refused Ratnayake shot him while ised for seven days. A report was filed with the police at sust 4, in the same place, was any action taken against him.
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Possible Election-Related Killing of Tamil candidate of the Tamil Eelam Liberation O supporting the Tamil United Liberation Front Batticaloa district on July 17 and killed. Acci home at 7.30 p.m. and left with Mr. Alaga Alagaiah's body was found a short distance aw
Possible Election-Related Killing (Gampaha) council member Mahindapala Silva was stabbec early in the morning.
Possible Election-Related Killing (Ratnapu supported PA candidate D.V. Nanayakkara, wa he left a PA meeting in Watappitiya, Ratnapur
Possible Election-Related Killing (Monerag supporter of PA candidate Ms. Sumeda Jaya Udawalawe, Sevanagala, by a group of men cl
Possible Election-Related Killing (Matara). Subramaniam was stabbed to death at 9.30 p. district, following a meeting of the Ceylon Wol the killing and were reportedly seeking anothe
系
Possible Election-Related Killing (Kegale). ( village, Kegalle, was killed by unidentified per from a PA rally in his village.
Possible Election-Related Killing (Gampaha Kumara, aged 25, a PA activist, was travelling headquarters with Sanjay Sivardana, aide of PA Western Provincial Council for the Gampahad a jeep, a searchlight focussed on their car and believe that Sanjay Sivardana was the likely ta
Possible Election-Related Killing (Vanni). People's Liberation Organization of Tamil Eel was putting up posters in Bandarikulam, Vavu
Findings: There were as many as 20 election-relate of the victims in the cases reported were PA suppor of cases in which candidates and government offici thorough and impartial investigations into thes Prosecution of the responsible parties is essential preceding the 1994 parliamentary elections does n,
C. Other Acts of Violence and Intim
In addition to election-related killings, the Int documented a wide range of violence and intimidat pre-election violence varied considerably by district require further investigation by the authorities. Of intimidation by candidates, a number of whom we
LAWe SOCIETY TRUST REVIEW - I & I.

Activist (Batticaloa). Velapody Alagaiah, a former ganization (TELO) who had reportedly considered TULF), was abducted from his home in Sittandikudi, ording to family members, two persons came to their ah. Gunshots were heard soon thereafter and Mr. ay. Police suspect LTTE involvement in the killing.
. According to the police in Katana, on July 21, UNP to death while he was returning from a party meeting
ra). K.P. Salmen, 60, a well-known activist who s stoned to death by an unidentified group of men after a district on July 30.
ala). On August 7, Aluthgamage Dharmasena, a sena, was clubbed and shot to death in his home in aiming to be police. The police were investigating.
A supporter of the Kandurata Janata Peramuna named m. on August 10 at his home in Kandadola, Matara kers' Congress. The police arrested P. Muthusami for
suspect.
Dn August 11 P.M. Adikari, a resident of Arupalamulla sons armed with a sword while he was returning home
). On the evening of August 12, P.M.A. Priyantha back to the People's Alliance's Attanagalla campaign A leader Chandrika Kumaratunga and a member of the istrict. At about 7.30 p.m., the road was blocked by shots were fired. Kumara was killed. Local sources rget. The police have made no arrests in the case.
Unidentified gunmen on August 14 shot and killed um (PLOTE) supporter Sandara Kulasekeram while he niya district.
d deaths reported in the pre-election period. Most ters. Particularly distressing was the high number als were involved. The Law Groupurges prompt, 'e and other serious election-related offences. to ensure that the unacceptable level of violence pt occur in future election campaigns.
idation
ernational NGO Election Monitoring Mission ion during the pre-election period. The extent of and even within districts. The most serious cases particular concern are those acts of violence and re elected to Parliament.
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The following cases are taken primarily from Interna present a comprehensive picture of pre-election viole
1) Attacks By Candidates
Repeated Violence and Intimidation (Matale).
numerous acts of violence and intimidation prior participant in some of the cases investigated, as v Matale, and Vasantha Aluvihare, a provincial col
Assault (Matale). In Hathamunagala, Matale dist Gamini Ekanayake, chief PA organizer in the ar. supporters was attacked by a group of approximate attackers used iron bars and knives. Ekanay Hetharachchi with an injury to his left thigh. Jaya itself had six windows broken, four deflated tires
The victims identified 6 of the attackers, includi stated that a warrant had been issued for the arre locate them. The Assistant Superintendent of Poli to arrest them during the election, but things will intervieved by the International Observer on Aug that they were "probably busy campaigning".
Intimidation, Candidate involvement (Galle). Lalith de Silva and several of his supporters repo Galle district, where a PA meeting was taking plac inside the house: "We are UNP's. You can do believed to have come from the UNP supporters; house. According to PA supporters, villagers supporters, some of whom were injured and req reported to the police.
Assault, Possible Candidate Involvement (Keg International Observer that between 3 and 4 p.n assaulted at Ranwella junction by UNP supporte candidate U.L.M. Farook, whom the victim obst
Assault, Candidate Involvement (Ratnapura).
of about 300 - 350 supporters in Dematagala. Se heard Nanda Mathew, a UNP candidate, tell his st hit by clubs and a bicycle chain. He received eig and back. The police reportedly were present at
Threats by a Candidate (Batticaloa). SLMC meeting in Eravur on the night of August 13, ope "kill people" who supported the UNP and any tea were treated seriously by local voters, frightenin refused to take up their posts. Although police w action was taken against him.
Assault and Abduction, Possible Candidate Ir standing at a bus stop in Ranwala at 6.30 p.n Supporters riding in a jeep. One occupant of the
16
LAW & SOCIETY TRU

onal Observer reports and are not intended to ce in Sri Lanka.
UNP candidate Alick Aluvihare was implicated in ) (as well as during) election day. He was a direct ere his two sons, Ranjith Aluvihare, the Mayor of İncil minister.
fict on August 14 at about 5 p.m., a van containing a, local PA leader Nimal Jayawardena, and 4 PA ly 30 people travelling in two jeeps and a van. The ke was hospitalised with a head injury: Upali wardena had knife wounds to both thighs. The van and other damage.
ng Vasantha Aluvihare. The local Chief Inspector it of those identified, but the police were unable to ce confirmed the report and stated that "it is difficult happen after the election". Vasantha Aluvihare was ust 15 and denied any knowledge of the case, stating
At around midnight on August 7, UNP candidate M. rtedly appeared outside a house in Karuwalabedda, :e. The UNP supporters shouted challenges to those what you want to us!" Gunshots were heard and at least one bullet shell was later found outside the came to the house and threw stones at the UNP lired up to two days hospitalisation. The case was
alle). PA candidate Mr. Mithrapala informed the 1. on July 11 his vehicle was attacked and he was rs acting under the direction of Minister and UNP 'rved at the scene.
On the night of August 13, the UNP held a meeting na Gunasekera, a PA supporter, was passing by and pporters to attack him. Gunasekera said that he was ht stitches to the head and bruises to his head, arms the scene but did nothing to stop the attack.
candidate Basheer Segu Dawood, at a final SLMC tly threatened to "inject cyanide", "shave heads" and 'hers Scheduled for polling duty. Dawood's remarks many people, including some polling officers who represent when Dawood made his remarks, no legal
volvement (Kegalle). PA supporter Mr. Anil was ... on August 14, when he was abducted by UNP vehicle was identified as Sajith Perera, son of UNP
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candidate Vincent Perera. Anil was taken to the and beaten with iron bars. Mr. Anil received brui attackers also robbed him of cash and jewelry.
Assault, Abduction, Death Threat, Candidate supporters Jagath Balasuriya, aged 28, and Jin Balasuriya's home by seven or eight UNP suppo Ariyarathna. Balasuriya and Perera had gone to in up election posters across the street from a polling put them into a white van, blindfolded them, a candidate Ariyapala Gunatileke, where the blindf
Some 30 people were at the home, including the c two around the face, head and chest, accused then forest and "burn" them (that is, kill them by placi
At around 3 a.m. the abductors took the two to the tried to strike members of the group with an axe, used. Over Balasuriya and Perera's objections, t They were released on Rs. 250 (US$ 5) later th September 1.
2) Attacks by Party Supporters
Assault (Matale). On August 13 at around 10.30 a PA supporter in Peralanatta, Wilgamuwa, foll destroyed the windows in the house and injured identified by name - one carried an automatic wea
Numerous Serious Assaults (Matale). An Intern: who were victims of attacks from August 12 thr groups numbering from a half dozen to thirty arm reportedly travelled around Matale district, threat property. For instance, on August 12, D.M.
Palapathwala, was beaten men, including one kn serious injuries to his head, both knees, back and
Destruction of Property (Matale). On the final threw stones at vehicles of PA supporters in Sigiriy office, and destroyed platforms built to welc Thialakitiyagama, Pahalawewa, Kudawena, Puwak to the Galewela police station. A UNP office at Ba into by alleged PA supporters, and tables and cha custody and subsequently released on bail.
Assault (Matale). Most cases reported in Mata Supporters were also accused of acts of violence. F a vehicle returning from a UNP rally at Mukuluga was injured and briefly hospitalised. UNP securit over to the Galewela police station. The suspect bail.
Destruction of Property, Assault Attempt (Rat damaged the car and house of PA activist Mr. W
LAW & SOCIETY TRUST REVIEW - 1 & 16 S

ouse of Vincent Perera, where he was blindfolded es and cuts over his face, arms and elsewhere. His
Involvement (Kurunegala). On August 15, PA hdrawansa Perera were reportedly abducted near ters led by provincial council president S.B.Y.M. estigate sounds arising from the UNP group putting station. There the group allegedly assaulted them. d took them to the home of UNP parliamentary lds were removed.
indidate. The abductors then allegedly slapped the of being thugs, and threatened to take them to the: ng burning tires around their necks).
local police station, filed a complaint that they had and produced an axe that the two had supposedly he police accepted the complaint and jailed them. at day and a court appearance was Scheduled for
p.m., a group of 15 men surrounded the home of Owing a PA meeting. They threw stones which one person slightly. Three UNP supporters were pon, the other two carried iron bars.
tional Observer interviewed several PA supporters bugh August 15. The attacks were carried out by led with rifles, iron bars and swords. The groups ening and beating PA supporters amd destroying Ratnayake, a 35 year old PA supporter from own UNP supporter, with iron bars. He received left foot.
nomination day, July 11, alleged UNP supporters l, broke tables and chairs at the Dambulla PA party Dme PA candidates in 5 areas: Ibbankatuwa, itiya and Galewela. These incidents were reported mbawa on the Galewela to Matale road was broken rs were damaged. Three persons were taken into
le district implicated UNP supporters. Yet PA or example, on August 11, PA supporters attacked wewa. The vehicle was damaged and one person men caught one of the assailants and turned him was produced before a magistrate and released on
apura). On August 12, alleged UNP supporters imalasena. On the night of August 13, Ananda
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Ratnayake, the security officer of UNP candidate ( of Wimalasena in what was alleged to be an abd attackers off by blocking the door. Wimalasena is
Destruction of Property (Kalutara). The PA offi supporters on August 14 at 11.45 p.m. The police on bail prior to election day.
Destruction of Property (Ratnapura). About 50 estate in Pelmadulla on August 14.
Intimidation of Polling Agents (Batticaloa). On
the homes of SLMC polling agents in Eravur, Batti Fearing for their safety, all 22 SLMC polling agent find inexperienced replacements the day before the
Intimidation (Ratnapura). On the night of Aug stoned the house of PA supporter Wilson Jayasunc action was taken. es
Assault (Kurunegala). At Daladagama junction in Dhamaselvan, an influential member of the PA i. stopped by known UNP supporters and assaulted wit and was hospitalised for thfee days. He filed a rep
Assault (Kurunegala). On the evening of August home after participating in a PA rally in Rekogam chain by alleged UNP supporters. He was injured the Maho police station and one person was arreste
Threats Against Polling Agents (Puttalam). PA before election day after being harassed by UNP
arrested persons who had been harassing the pol released. Only after the suspects in the killing of confidence in the authorities to control the violence
Assault (Kegalle). The driver for UNP candidat Supporters at 2 p.m. on August 14 near the facto treatment at a local hospital. The Yatiyantota p political, asserting that the victim had insulted some the driver's account.
Assault (Batticaloa). In Oddamavadi a dispute o' August 8 led to further violence. At 2 a.m. on Au next to the SLMC office. The owner, named Faroo He required hospitalisation.
Assault (Moneragala). Four people were injured Moneragala district on the evening of August 15. T burnt.
Assault (Galle). In Galle district before the electic for damaging vehicles owned by opposing party me damaged nine UNP vehicles. The police mediated a
LAW & SOCIETY TRUST

jamini Athukorale, and others came to the house uction attempt. Wimalasena's brother held the the PA coordinator for a half dozen villages.
ce in Mahagama North village was burnt by UNP arrested six UNP supporters - they were released
A members reportedly stoned a UNP house on an
the night of August 14, unidentified men came to caloa and threatened them and damaged property. s for the area withdrew. The party was forced to . election.
ust 15, three known UNP supporters and others era. The case was reported to the police but no
Maho, Yapahuwa, on August 11 at 9 p.m., I.M. n Yapahuwa, was returning home when he was h clubs. He suffered injuries to the head and body Kort with the police.
7, PA supporter Mr. Muthubanda was returning a, when he was assaulted with a club and bicycle
in the head and body. The case was reported to d.
polling agents in Wennappuwa went into hiding Supporters. Although the police had sometimes ling agents, they would almost immediately be
Stanley Fernando were remanded was there any : in the area.
e Vincent Perera was assaulted by about 15 PA ry of the Halgolla Estate. The victim required olice chief questioned whether the incident was one's mother. Local election observers supported
ver posters between the UNP and the SLMC on gust 9, 15-20 UNP supporters broke into a store k, was awakened and cut in the head with a knife.
during a UNP attack on a PA office in Bibile, hree required hospitalisation and the building was
on both PA and UNP supporters were implicated mbers. In one case in Galle town, PA supporters settlement of Rs. 70,000 (US$ 1,400) in damages.
REVIEW - 1 & 16 SEPTEMBER 1994

Page 21
3) Violence, Intimidation a
The widespread political violence that occurred du to failings by local officials and the police to def legal action against those responsible. At the sam and other local officials in campaign violence wer police appeared to support local candidates, such
Intimidation, Police Participation (Matale). with two police cars to the PA office in Damb police cars were from Galewela station and th
Harassment, Destruction of Property, Polic
Wickremasinghe, a UNP provincial council
Wahakotte, went to the PA party office at Ken
to leave the premises. Wickremasinghe and l
party office. A report was lodged at the Galt investigated.
Assault, Participation by Local Authorities Madawachchiya, three PA supporters walkin supporters who had emerged from a truck. council member Navaratne and Sunil Jagath, t to two days hospitalisation. The case was rep had arrested and released on bail the perpetrat
Findings: Although its impact on the election violence raised political tensions throughout the c opponents were widespread. In most cases reporte although PA supporters were also responsible for v of cases of violence attributed to candidates and l vote, the government should prosecute these case officials involved in unlawful acts should be crimit
4. Situation in the North and Displaced Pel
A. Jaffna and Vanni
It was evident before Election Day that the election by a very small percentage of the electorate. In Jaf voters were expected to have access to a polling
included about six to seven thousand people livi several hundred people living around Telipallai ( 18,000 displaced persons from Jaffna who had regi, that political parties, except the pro-UNP, EPDF Jaffna, could not effectively organise and campai individual's right to vote, but also the entire electic
LAW & SOCIETY TRUST REVIEW - 1 & 1.

di Bias by Local Authorities
ing the pre-election period was in part attributable ise potentially violent situations and take prompt time, reports of direct involvement by the police e few. Problems did occur in districts where the s in Matale.
On July 12, UNP candidate Alick Aluvihare arrived illa and threatened supporters and members there. The : police officers were in uniform.
e Participation (Matale). On August 5, 1994, Mr. member from Galewela, and the police chief from dangamuwa. They reportedly asked all PA supporters NP supporters of Alick Aluvihare then set fire to the wela station and police said that the matter would be
(Anuradhapura). On the evening of August 12 in g home were allegedly beaten up by about 30 UNP The victims identified among the attackers provincial he village council head. Those attacked required one orted to the police, who on August 15 stated that they ors, including Navaratne.
results is uncertain, the widespread pre-election ountry. Violent acts by party supporters against d, PA supporters were the targets of UNP attacks, 'iolence. Additionally, there were a large number ocal officials. Irrespective of the outcome of the is to the fullest extent of the law. Government tally prosecuted or face administrative sanctions.
"SOS
in Jaffna and Vanni districts would be determined fna district particularly, fewer than 5% of eligible station and cast their ballot. Those able to vote ng on the government controlled Jaffna islands, in the northern end of the peninsula, and about tered in Puttalam and Colombo. It was also clear , which maintained security in cleared areas of in. Jaffna put to test not only the matter of an n, as Jaffna's 10 seats might have been crucial in
SEPTEMBER 1994 19

Page 22
determining which of the major political parties v
Human rights organisations as well as political pa Civil Rights Movement of Sri Lanka (CRM) on J consultative jurisdiction of the Supreme Court to district would meet constitutional requirements foi 93 of the Constitution.
The Tamil United Liberation Front (TULF) filed elections. In July a writ application filed by TUI of Appeal sought to prohibit the holding of ele rejected the application. TULF later filed a fun rights of Jaffna residents to equality before the l could not hold a free and fair election in Jaffna a petition that since 1990 TULF (and other politic establish party branches, organise public meeting its policy and programs. The Supreme Court rej
The Eelam People’s Revolutionary Liberation Fro police on 6 Jaffna islands that were under the election in Jaffna as an Independent Group. Onl security. The EPRLF allegi that the EPDP S preventing EPRLF politicians from campaigning the request by deploying 50 policemen on the Jaf were many reported clashes between EPDP and verify the details of these incidents.
Findings: The current political situation in Jaffna and fair elections. In areas controlled by the impossible. Even in the few areas in Jaffna cont EPDP have not freely permitted political activity l Lankan government to reassess its current policy solution that would permit eligible and able person share of the parliamentary seats, would uphold be equality under law.
B. Internally Displaced Persons
According to government statistics, there are some
* Neither the UNP nor the PA contested Jaffna.
pro-UNP, and the Sri Lanka Muslim Congress (SLMC) and backed the PA.
* "TULF makes application in Court to prohibit
'' "SC refuses TULF rights application", Daily,
"EPRLF wants police in Jaffna Islands", Islan
" "Pre-election security tightened in Jaffna", T
2O LAW & SOCIETY TR

would be able to form a governing coalition'.
rties questioned the validity of the Jaffna poll. The uly 14 called on President Wijetunga to invoke the ) determine whether voting in the Jaffna electoral r a free and equal election, as guaranteed by Article
two lawsuits seeking a court ruling on the Jaffna F president M. Sivasithamparam before the Court ctions in the Jaffna district'. The Appeal Court damental rights application which argued that the aw was violated if the Commissioner of Elections s provided by the constitution. TULF stated in its :al parties except the EPDP) had not been able to s or communicate with the voters in the district on ected the plea on July 18'.
ont (EPRLF) called upon the government to deploy authority of the EPDP, which was contesting the y on Kayts island were police stationed to provide ecurity forces, numbering several hundred, were in cleared areas'. The government responded to fna islands". During the pre-election period there EPRLF supporters, though it was not possible to
I and in much of Wanni District does not permit free LTTE, any sort of political activity is currently rolled by the government, the security forces of the by opposition parties. The Law Group urges the Sri towards holding elections in Jaffna and Vanni. A is to vote, yet does not give them a disproportionate oth the right to vote and the right of Sri Lankans to
• 600,000 displaced persons in Sri Lanka as a result
However, the Eelam People's Democratic Party. which was the Eelam People's Revolutionary Liberation Front (EPRLF)
holding of polls in Jaffna", Island, July 11, 1994.
News, July 19, 1994.
d, July 16, 1994.
e Sunday Leader, July 24, 1994.
USTREWIEW - 1 & 16 SEPTEMBER 1994

Page 23
of the ethnic conflict. Others estimate the figure contested areas in the North and East, though Sinh persons have lived, often for years, in camps in Others, scattered widely, elke out an existence on
By law, displaced persons are eligible to vote at ti district. The Commissioner of Elections requi submitted. information about this procedure was camps.
The application forms for displaced persons requir available to have then completed. To make matter displaced persons speak Tamil. Acceptance of individual's home district, which was often diffic
Jaffna registration lists were another problem. T electoral register of the Jaffna district since 1986. 1986 had no right to vote, including those who
years.
For various reasons, many displaced persons authorisation letter signed by the Commissioner ( example, of the returnees from India, only those w to vote. At the Asikulam camp in Vavuniya, abc polling cards. Out of those, only 75 were accepted were not given a reason for the denial, and include
993.
At one Tamil displaced persons camp in Vavuniy cards. Less than 30 persons had applied for 5 dif
Ahtogether, the government announced that a mere cards. In the end, only 19,000 displaced persons But as noted in section V(3)(B), receiving a pollir was often not enough to ensure one being able to voted in Jaffna district, including displaced person: been crucial.
Repeated Threats Against Displaced Person received several reports from the Saltern I di members of the EPDP. On several occasion members came to the camps and told people th killed of their houses would be burnt down, c police response to these threats was merely elections.
Findings: Sri Lanka's more than 600,000 internal securing their right to vote. The application to re.
'' "Strictly Adhere to the Election Process", The
LAW & SOCIETY TRUST REVIEW - 1 & 1

at 800,000. Most are Tanils and Muslims from lese have been displaced as well. Many displaced Puttalam, Colombo, Trincomalee and Batticaloa. their own or live with relatives.
eir current residence for candidates in their home red that an application form be completed and said to be available to displaced persons living in
:d detailed information and only a short period was s worse, the forms were in Sinhala, although most the application required information from the ilt to obtain in the short time available.
he Commissioner of Elections has not revised the This meant all persons attaining the age of 18 after have been in displaced persons camps for several
id not apply for a polling card (or a voting f Elections). Many who did were rejected. For ho had returned prior to March 1993 were entitled but 700 of 2,500 returnees from India applied for by the Commissioner of Elections. Those denied d persons who returned from India prior to March
a, only a very few people had applied for polling ferent electorates in Jaffna.
: 25,000 displaced persons had applied for polling were declared eligible to vote on election day. g card or a displaced persons authorisation letter vote. Given that only 13,000 people ultimately , the inability of many of those to vote could have
s (Puttalan). An International Observer in Puttalam splaced persons camp and other camps, of threats by s during the week before election day, armed EPDP at if they did not vote for the EPDP that they would be ir they would not be allowed to return to Jaffna. The to tell the EPDP not to enter the camps before the
ly displaced persons faced additional hardships in 'ister as displaced persons was complicated by the
Sunday Observer, July 24, 1994.
6 SEPTEMBER 1994 2.

Page 24
difficulty in reaching displaced persons, the detail and the printing of the forms only in Sinhala. In targets of harassment and threats by members of
The government's policy regarding the registratio At its core, the current approach fails to recognis right to vote as other Sri Lankans. The proc Registration lists need to be updated to the prese Sinhala, and the procedure made less burdensome unable to establish their former residence, they sh current residence.
V. Eec
Election day went smoothly and peacefully in International Observers reported considerable ten violence were few. Credit for this must go to the agents, and local NGO poll monitoring groups, electoral process by demonstrating a high degre generally received high praise from many Intel impartially to defuse tense situations that mighth voters of Sri Lanka, who as in the past braved ru large numbers. The fact that in many areas vil indicative of the seriousness with which the aver
There were, nonetheless, credible reports of viol supporters, particularly in areas where the polic other way. Manipulation of the electoral machin of any systematic or large scale effort to rig the
buying were anecdotal. More problematic was th not permit voters to mark their ballots in secrecy
in past elections, resulted in a relatively high p counting of ballot boxes, despite some confusion
In July, the Commissioner of Elections requestec ensure that police did not become involved in ele the past, including: police without identificatio detachments improperly entering polling stations v on the basis of complaints made by political riv letter, the Deputy Inspector General of Police i actions to be taken in each circumstance'. The malpractice by the police on election day.
The most serious electoral problem on polling da that of internally displaced persons. As expected about one-quarter in Vanni were able to vote.
persons who had registered, were not able to f
"Police Alert for Polls Violators", Sитаay Le.
22 LAW R. SOCIETY TIR

ed information required by the form in a short time, Puttalam camps displaced persons were also the the EPDP.
in of displaced persons is in urgent need of reform. 'e that displaced persons are citizens with the same 2ss must favour inclusion, rather than exclusion. it, forms simplified and written in Tamil as well as and time consuming. Where displaced persons are puld still have the fullest opportunity to vote in their
tion Day
most of the country. Although a number of sion in areas they were surveying, serious cases of police, government polling officers, party polling
all of whom in large measure contributed to the ce of professionalism and dedication. The police national Observers for responding promptly and ave erupted into violence. Credit is also due to the umours and reports of expected violence to vote in tually all the voting was completed by noon was age person held their franchise.
ence and intimidation by local candidates and their e had sided with one party or decided to look the ery also occurred, although there was no evidence vote. Reported cases of "impersonation" and vote le voting process itself. In some areas facilities did from polling officials. The format of the ballot, as ercentage of spoiled ballots. The collection and in some areas, went smoothly.
that the Inspector General of Police take steps to action malpractice. He cited improper activities in n; the use of unmarked vehicles; police security with arms; and police making frivolous arrests solely als. In response to the Elections Commissioner's ssued a circular for police setting out the proper
International Observers cited few reports of such
y concerned the voting in the North and, relatedly,
only a tiny fraction of eligible voters in Jaffna and In addition, large numbers of internally displaced ind their names on the voter lists and were thus
ader, July 17, 1994.
PUST REVIEW -- I - R 16 SEPTEMBER 1994

Page 25
prevented from voting.
1. Manipulation of the Electoral Process
The electoral process, from the casting of ballots. tabulation at counting centres, generally proceede
Violated by every party just about everywhere was campaign materials within half a kilometer of a \ largely unenforceable law, the police focused on t groups of party supporters congregated just Outsic lax in allowing such groups to congregate, only t some areas there were insufficient numbers of pc apart, though mobile police teams were often able
There was no evidence of large scale efforts to ballots. However, there were many scattered re ultimately without impact on the vote. The most East, from Batticaloa and Trincomalee. In past el ink, used to mark voters, that could be easily was in Batticaloa was this reported to be a continuing p parties, particularly the UNIP, using vehicles to tr.
Without the vigilance of local polling officers, pa watchers, these minor problems could have easily polling process itself seems to have caused more p rectify before the next election through voter educ
A. Impėrsonation of Voters and Ille
No large scale use of "impersonators" or other for There were scattered reports of persons not being impersonators were apprehended in some areas, t Outcome of the voting. Various illegal voting tec have been attempted in various areas, but none se Efforts at multiple registration, as well as using p deceased persons, were attempted, but given the officials and party polling agents seemed to have do which has plagued past Sri Lankan elections.
Some of the cases reported include:
Impersonation (Puttalam). At a single polli were at least 20 cases of impersonation. The poorly forged polling card to vote, which was their ballot. When the Eelam People's Demo Presiding Officer stopped accepting the forged
Impersonation (Batticaloa). There were sever large numbers of polling cards. For example,
LAW & SOCIETY TRUST REVIEW - 1 & 1

to the transportation of ballot boxes, to the final without serious problems.
the election law prohibition on the distribution of oting station. Instead of attempting to enforce a he most egregious violations, such as where large e of polling stations. Sometimes the police were king action after a complaint had been made. In lice present to keep opposing groups sufficiently.
to address this problem.
manipulate either the polling or the counting of ports of "impersonators" and illegal voting, but frequent reports of illegal voting came from the ections there was a problem of supposed indelible hed away, facilitating voter impersonation. Only roblem. There were numerous reports of political ansport voters, in violation of the election law.
rty polling agents, the police and local NGO poll developed into major ones. Confusion about the roblems, which the government should attempt to ation programmes.
gal Voting
ms of illegal voting was reported on election day. able to vote because of impersonators. Several but these practices did not have any affect on the hniques, including the purchasing of ballots, may em to have been effective to a significant degree. olling cards assigned to persons living abroad or few complaints, rarely successful. Again, local pne an exemplary job in dealing with this problem.
g station on Kalpitiya Island in Puttalam district there Senior Presiding Officer was allowing people with a only discovered when the true voters appeared to cast :ratic Party complained about the situation, the Senior
polling cards.
al reported instances in Batticaloa of perSons possessing in Vallaichchanai, one Tamil United Liberation Front
6 SEPTEMBER 1994 23

Page 26
(TULF) supporter had 20 polling cards in his s Organization (TELO) colours was handing out
Impersonation (Vanni). Three People's Libera were arrested in Vavuniya for impersonation at cards.
Unlawful Distribution of Polling Cards (Kal from Sunil Hettiarachchi, who had been travel Kalutara district, and distributing them. The p took no action,
Estate Workers: Denial of Polling Cards Superintendent of the Pallegamawatta Estate in workers.
Misuse of Ballots (Moneragala). PA support blank pieces of paper in the ballot boxes and ta. outside to sell to candidates.
Impersonation (Batticaloa). In Eravur, a nu Observer that they had been able to vote mul
outside the country or strangers.
f
Attempted Mass legal Voting (Trincomalee supporters arrived together at the polling station by the police.
Attempted Illegal Voting (Trincomalee). possessing false ballot papers.
Multiple Registration (Puttalam). In Anamadu lists from polling stations that showed 57 persc
Multiple Registration (Kurunegala). In Mav polling station lists.
Findings: The large Scale use of impersonators or to have taken place, or even attempted. More
generally seem to have been ineffectual. Vigilance ( been the primary deterrent to such practices. Batticaloa and Trincomalee, is needed to ensure tha.
B. Spoiling of Ballots
Approximately 4.8% of the ballots cast in th disenfranchising one out of twenty voters. Even if been spoiled intentionally as an act of protest, this
Many voters expressed confusion to the Internatio absence of party names on the ballot and names o much of the problem. Using just numbers on the b memory test on a hectic day.
24 LAV & SOCIETY TRU

hirt pocket. A man wearing Tamil Eelam Liberation polling cards near a polling station in Kovilkulam.
tion Organization of Tamil Eelam (PLOTE) supporters tempts and for attempting to use forged identification
utara). Seventy four polling cards were confiscated ling around to several polling stations in Matugama, olice were notified three times about the activity, but
(Kegalle). There was a report that the Estate Kegalle had taken away the polling cards of the estate
ers in Moneragala reported that persons were placing king their actual ballots (which had not been filled in)
imber of people openly admitted to the International tiple times, on behalf of "relatives", namely persons
). At 1 p.m. in Saliyapura, Kinniya, about 25 UNP by bus and tried to vote illegally. They were arrested
About 45 persons were arrested in Trincomalee for
lwa, Puttalam district, the Peoples's Alliance produced ons were registered more than once.
vatagama, a relative of a UNP candidate was on three
Other forms of unlawful balloting does not appear localised attempts to unlawfully affect the vote on the part of the polling authorities seems to have Continued attention to this issue, especially in told practices do not reappear in future elections.
e election were declared spoiled, effectively it is accepted that many of these ballots may have number is too high.
nal Observers about the balloting process. The f individual candidates seemed to be a source of ballots for individual candidates became a sort of
ST REVIEW - 1 & 16 SEPTEMBER 1994

Page 27
The use of just numerals on ballots also encoura On the numerals, rather than on the candidates a numerals at the polling station was among the mc that many numerals were chosen by voters at r particular individual.
Findings: The current ballot seems to cause con contain party names in the country's three majo, names, rather than just numerals, should also be would be needed to ensure that changes result in
C. Transport of Voters
Article 83 of the Parliamentary Elections Act proh to voters on election day. Violations of this prov the relatively easy access UNP candidates had to UNP's access to state cars and trucks would allow would otherwise not vote proved unfounded. Ho close local contests.
In Kegalle, there were several reports of the UNP tr. Galapitamada and Kannätota. In Wariyapola, Kur UNP supporters. In Galle district, both the UN transporting voters.
In Eravur, Batticaloa district, the police were repor the use of government vehicles on election day. UNP members to the polling stations. After sever were detained by one police station, the UNP con released with a severe warning to the local policen
Findings: The unlawful transport of voters by government vehicles for this purpose, did not appea enforcement of the regulation could reduce the prac public transportation on election day.
D. Ballot Box Transportation and C
There were very few reported problems in the tr; ballots. Most problems resulted from confusion manipulate it. Concern had been expressed that a were transferred, thus preventing NGO poll watchel on boxes enroute to the counting station. The gov. only after the ballot boxes had reached their destin
Altercation Over Ballot Boxes (Gampaha).
Perera, known as Reggie, threw light bulbs fill the evening of August 16. Joseph Michael Pe transport the boxes and had accused the PA ca ballot box was in fact being used by the pollin
LAW & SOCIETY TRUST REVIEW - 1 & 1

ged the political parties to focus their campaigning nd their views. Passing out leaflets with coloured st common election day violations. It seems likely andom or for reasons other than preference for a
fusion among a great many voters. Ballots should languages as well as party symbols. Candidates included on the ballot. Care in revising the ballot fewer spoiled ballots rather than more.
ibits political parties from providing transportation ision would not be a major concern were it not for government transport. However, the fear that the 7 them to transport large numbers of persons who wever, such practices may have had an impact in
ansporting voters, particularly in Manikkadawana. negala district a government car was used to ferry NP and the PA appeared to have been illegally
tedly issuing permits to the UNP that allowed for These vehicles were seen bringing in voters with al cars being used by the UNP to transport voters hplained. A senior officer then ordered the cars hen responsible for detaining the vehicles.
political parties, especially the UNP's use of r to occur with great frequency. Although greater tice, a more effective solution might be to increase
ounting
ansportation of ballot boxes and the counting of about the process, rather than any attempt to curfew would be called before the ballot boxes is and other interested parties from keeping an eye ernment is to be commended for calling a curfew ation at the counting stations.
A security guard of UNP candidate Joseph Michael :d with acid at the car of PA candidate Felix Perera on rera had Seen an empty ballot box in the bus used to ndidate of trying to tamper with the vote. The extra g officials to carry election day office supplies. Felix
5 SEPTEMBER 1994 25

Page 28
Perera's brother Conrad and four policemen ;
Tampered Ballot Boxes (Ratnapura). Son without the PA sticker. The PA district org it was agreed that 5 or 6 ballot boxes withou been kept at Mahawella Estate Bungalow anc his vehicle, which was improper.
Findings: The process of transferring ballot bo. seems to have been carried out without serious p this state of the electoral process. The Law Gr public better as to the proper procedure of ballot l be clearly distinguishable from boxes used for ele
2. Violence and Intimidation by the Polic
Polling day was largely free of the serious viole period. The International Observers received rep played by the police generally was a major facto
The most troublesome districts were Matale and P engaged in election day violence. The police lar, they had closely allied themselves with a powerf of Ratnapura district, the police were openly in st there was seen travelling with UNP candidate Su
A number of candidates took their armed bodygua of the election law. In Bibile, Moneragala dis between the PA and UNP candidates and their b.
An overall favourable situation should not detract those persons, including candidates, governme! violence and intimidation. This is essential for
A. Puttalam Cases
Attempted Murder, Involvement by Candi a.m., a crowd of UNP and PA supporters station in Taldekke, Wennappuwa, Puttalan group of bodyguards, including at least two Padmasiri Fernando, a well known PA activ at him as he fled. The UNP supporters als shooting at Fernando, Perera continued to h
Police Threaten Voters (Puttalan). At 1 by the side of the road leading to the Rajal uniform drove up. The police jumped out a men not to vote for the PA. One of those at because of the threat.
Assault (Puttalam). At about 3 p.m. in supporters faced each other, armed with kni
26 LAW & SOCIETY 7

inding nearby received acid burns to the face.
ballot boxes arrived at a Ratnapura counting station izer, Mr. Wanniarachchi met with police sources and the PA sticker would not be counted. The boxes had pparently the Deputy Inspector General took them in
is to polling stations and the Counting of ballots. blem. There was some confusion and anxiety at up recommends that the government educate the ox transfer and vote counting. Ballot boxes should
tion day supplies.
Candidates and Party Supporters
ce and intimidation that plagued the pre-election Drts of one election day death. The impartial role
in a relatively peaceful election day.
uttalam, where several of the candidates themselves gely remained neutral, except in those areas where ul UNP figure. For example, in the northern part upport of the UNP. The Deputy Inspector General santha G. Punchinilame.
irds into the polling stations with them, in violation trict, the police barely prevented an armed clash Ddyguards.
from the need for the government to prosecute fully ht officials and police, implicated in polling day urbing election violence in the future.
late, Police (Puttalam). On election day at around 10.30 athered on both sides of the road leading to the polling district. UNP candidate Festus Perera arrived with a policemen. Perera, holding a pistol, began asking for st. Fernando ran from the scene and Perera took a shot threw stones at Fernando. For 10 to 15 minutes after rass the PA supporters in the area.
15 a.m. on August 16, five PA supporters were sitting Idaluwa polling station. A car with three policemen in hit two of the men with their sticks. They warned the cked said he and about ten others had decided not to vote
Puttalam, two groups of about a dozen PA and UNP S and swords, outside a polling station. In the PA group
UST REVIEW - 1 & 16 SEPTEMBER 1994

Page 29
was candidate Godfrey Fernando and an armed po Fernando. The police guard pulled out his gun al The police inside the polling station, said to be nothing.
Destruction of Property (Puttalam). Approxim: on August 16. The area is viewed as supportive houses and did substantial damage to a third, who action was believed to be in retaliation for the wo For 48 hours after the election, the PA supporters
B. Matale Cases
Threats Against Party Polling Agents, Candida candidate Alick Aluvihare and his sons Ranjith Aluvihare, provincial council minister and their arn There they would ask the PA polling officers for then threaten the polling agent, saying such things unless you leave the polling station now". The pc threats, which were confirmed by the police.
Assault, Candidate involvement (Matale). On A had been abducted by about eight men, armed with him and proceeded to assault him with a bar. He a UNP supporter. After he escaped from the van, deep wounds to his back, both arms and left leg.
At 10.30 a.m. on August 16, Seneviratne was a Aluvihare arrived with a bodyguard. Aluvihare bodyguard hit him in the stomach. Seneviratne w
Threats, Harassment, Unlawful Detention,
R.K.M.I.W. Kapilaratne, M.M.W. Anuruddł Siyambalagahawela village in Wahakotte were wall two vehicles pulled up. Vasantha Aluvihare was security men and supporters. Several of the UN sword, others carried guns. The UNP men took c the villagers back to their village. No one was in
The affected villagers subsequently met up with a p police told them to return to their homes. They police station, but the police refused to record it. Wahakotte police station came to their village an filing complaint.
The same M.M.W. Anuruddha Banda went to cast officer at the polling station asked him whom he vo told him to remain at the polling station, which h Charge (OIC) arrived. The OIC then asked the sau the OIC asked Banda if he were still in school examinations and was awaiting the results. The C story about the shooting incident involving Vasant story be repeated. Banda was directed to come to kill you".
LAW & SOCIETY TRUST REVIEW - 1 & 16 S

ice escort. The UNP supporters started beating up ld managed to get the UNP supporters to back off. supporters of UNP candidate Festus Perera, did
itely 75 PA supporters came through Panagoda late of the UNP government. They burned down two e owner was married to a UNP polling agent. The unding of two PA supporters prior to the election. returned to the area to harass the local residents.
te Involvement (Matale). On election day, UNP"
Aluvihare, the Mayor of Matale, and Vasantha led guards, went inside at least four polling stations. heir names. Once they had the names, they would as: "I will burn your house down". "I will kill you bling officers remained in their stations despite the
ugust 14, R.K. Seneviratne, an active PA supporter, automatic weapons and iron bars, who blindfolded recognised one of the group, Sarath Ranasinghe, as he was briefly hospitalised at Matale hospital with The case was reported to the police.
t his home in Aluthgama, Yatawatte, when Alick broceeded to slap Seneviratne in the face while the ent into hiding out of fear for his safety.
Candidate and Police involvement (Matale). la Banda and a half dozen villagers from king to the polling station when at about 9.30 a.m., in one of the vehicles. The vehicles carried UNP men got out of the cars - one was brandishing a ut their guns, fired two shots in the air and chased jured.
olice patrol and explained what had happened. The Subsequently made a complaint to the police at the Later in the day, a jeep containing police from the i fired into the air. The villagers were fearful of
his vote at about 11 a.m. After voting, the police ted for, and he replied the PA. The policeman then Le did for half an hour, until the police Officer In me question and was given the same answer. Then
and Banda replied that he had recently sat for IC then told him that he (Banda) had made up the ha Aluvihare and threatened to jail him should the Wahakotte station at 4 p.m. that day or "we will
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Threats Against Voters, Candidate involvement and their bodyguards appeared armed with pistols a supporter, if you vote for them, I willkill you" is ty junction at around 11.30 a.m., witnesses reported Ranasinghe threatened the driver of the car of PA
Armed Clash (Matale). Between 1.30 and 2.30 through Balakaduwa, Welikanda stopped and fired but no injuries. About 10 UNP supporters then th men from the UNP group fired three to four shot Nandimithra Ekanayake. He was not hit, but his t thigh and in the left ankle. The case was reported
Threats, Assault (Matale). In Morahela on the m supporter, was threatened by unidentified men afte stopped by 12 people, one of whom he recognised a and hit him, dislocating his left shoulder. He wen of the incident.
Harassment of Voters, Assault By Both Parties
the son of UNP candidate R.M.P.B. Kavirathna
emplaced about 50 metres from the polling station
subsidies to their village if they voted for the PA.
f
Subsequently, PA supporters came and told the U supporters then went to the house of UNP support him in the mouth. He went to hospital for treatmen
UNP candidate Wijethunga Banda arrived at the sce: encouraged them to assault PA supporters. The vill. agent there. The police did not take action in them
C. Other Districts
Intimidation by Police Officer (Vanni). At the M in Vavuniya, a police inspector unapologetically gr with a pistol in his hand. The matter was raised v
Insufficient Security for Estate Workers (Kaluta estates where Indian Tamils work and live. At the concern on election day about possible retribution Support in a PA-dominated area. The residents protect them in their remote area would be very e they were only said to patrol main roads. Security left the area on the day before the elections. The estates, as they had done at other polling places in of election day or post-election violence at any of
Intimidation by Candidate (Ratnapura). Suppo a polling station in 12 vehicles with about 70 people flashed a pistol. The group left when the police a
Assault, Destruction of Property (Kandy). In K on election day, PA supporters Mr. Dinapala Muc
28
LAW & SOCIETY TRUST

Matale). On at least two occasions the Aluvihares ld rifles outside polling stations. "If you are a PA pically what was said. In an incident in Mahawela that Alick Aluvihare and UNP supporter Sarath activist Hemantha Dissanayake.
p.m., 35 PA supporters travelling in four vans on the homes of UNP supporters, causing damage rew stones and bricks at the PA supporters. Two s from shotguns in the direction of PA candidate Iodyguard, G. Ranasinghe was hit once in the left to the police.
orning of election day, W. Wickremasuriya, a PA r he cast his vote. At 5.10 p.m. that day he was s a UNP supporter. Two of them carried iron bars to the hospital but was afraid to notify the police
Matale). In Pilihudugola, Sanjeewa Kavirathna, , and a member of the provincial council, were , where they told voters that the UNP would stop
JNP supporters to stop the harassment. The PA 2r G.P.H. Perriyadasa and assaulted him, injuring it. Window panes in his house were also damaged.
ne at about 3.40 p.m. with supporters and allegedly age head reportedly assaulted the father of a polling latter until about 4 p.m., when they restored order.
uslim School Maha Vidyalaya, one polling station eeted voters, as well as the International Observer, vith the police superintendent.
ra). In eastern Agalawatta, there are several rubber Delkeith estate, families in two villages expressed in the event of a UNP victory, whom they largely id not believe the 14 private guards assigned to ffective. There were no police forces assigned as was such that the superintendent of the estate had police did not set up any peace committees on the Agalawatta. To date, there have been no reports the estates.
ter of UNP candidate A.M.L. Marikkar arrived at . The threatened PA supporters gathered there and rrived.
Giribathkumbura, Udunuwara, Kandy at 3.15 p.m. lalali and G.P. Alahakoon congregated outside the
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former's shop, which was decorated in PA col and a Pajero vehicle, each of which had the ma candidate Gamini Dissanayake was the forme vehicles and beat the two men and two other shop. Altogether 4 persons were injured and None suffered from bullet wounds. The same i of IPA candidate Wilson Kuruppu Arachchi, a
Assault, Candidate involvement (Colombo) group of his supporters intimidated and phy Mulleriyawa, Colombo. At least six people wi threatened by a pistol aimed at her chest.
Impersonation, Threats (Colombo). Three p at a polling station in Piliyandala, Colombo.
supporters who arrived at the polling station to supporter, Indika de Alwis, with death and the
Harassment, Candidate Involvement (Mone Pushpakumara reportedly chased UNP suppo threatened to burn a UNP supporter's tractor.
Threats Against Polling Agent by Candidate to harm two PA pollisig agents after they and the two UNP polling agents present. It was cli he insisted he did not. The PA polling agents threats.
Assaults by Parties (Colombo). PA support Kolonnawa, Galwana junction polling station a 11.35 a.m., two vehicles with UNP supporters, at the scene. The UNP supporters, some o supporters. One PA supporter had to be tal Lakshman Premachandra and PA supporters a supporters who were there. The police then
denied doing so. Additional police reinforcem
Destruction of Property (Batticaloa). At 10. set fire to the shop of T.M.M. Mohideen, a k booth.
Threats (Kegalle). Sajiv Perera, son of UN gunshots outside PA candidate H.R. Mithrapal
Findings: Compared to the pre-election period, e country. The major exceptions were Puttalam and were reported. Except in these areas and a few c promptly and impartially to reports of violence. Th investigate the election in Matale and Puttalam and also urge that the police in ensuing elections pay in exposed situations, such as Indian Tamil estate
LAW & SOCIETY TRUST REVIEW - I & I

urs. Stopping in front of the shop were two black cars kings of the "Mahaweli River Project", of which UNP minister. About 10 UNP supporters got out of the with iron rods. They then fired some shots into the aken to the hospital. One had a serious head injury. roup of men later continued to the automobile business d shot at the cars there and damaged them.
UNP candidate Weerasinghe Mallimarachchi and a sically assaulted people outside a polling station in re injured. One of those injured reported that she was
rsons were apprehended attempting to vote unlawfully. A group of 10 UNP supporters were intimidating PA vote. A UNP supporter, Kalu Malli, threatened a PA
latter went into hiding.
ragala). In Athiliwewa village, PA candidate A.P.J. ters from the polling station. Some PA supporters
Kalutara). UNP candidate P.D. Abeyratne threatened members of local NGOs questioned the credentials of lar the Senior Presiding Officer heard the remarks, but continued to work, but were clearly concerned by the
ers in a red Pajero arrived at about 10.30 a.m. at the ind threatened UNP supporters with knives. At about
including provincial councillor K.A.D. Sunil, arrived f whom were armed with pistols, assaulted the PA cen to a hospital. Ten minutes later, PA candidate rived in about six vehicles. They assaulted the UNP dispersed the crowd using teargas, though they later ents restored order.
0 a.m. on August 16 in Eravur, three unidentified men nown SLMC supporter. The shop adjoined a polling
P candidate K.V. Perera, in Kegalle, allegedly fired a's home at 6 a.m. on polling day.
ection day was relatively peaceful in most of the Matale districts, where numerous cases of violence ther cases, the police seemed to have responded e Law Group urges the government to thoroughly prosecute those responsible for the violence. We nore attention to the security concerns of groups workers and those in displaced persons camps.
SEPTEMBER 1994 29

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3. Situation in the North and Displaced Pe
A. Jaffna and Vanni
Information to date on election day in the Jaffna d 600,000 who were registered, voted in the polls - more than 10,000 of the votes cast. Polling took EPDP, the pro-UNP militant group that ran in the cannot be considered a meaningful reflection of th
The Report of the official International Observer go to Jaffna, reported several cases of election irr on Delft island. The Official Observer found cas double voting done with the knowledge of the Seni
In Vanni district, only 67 out of 169 polling statio polling stations in Mannar, 45 of 65 stations in Vav large number of voters who were unable to vote Nonetheless, in "cleared" areas of the district, bal
Findings: The elections in Jaffna and in much of large segments of the electorate, Polling day itsel of in-depth information on the polling in Jaffna there.
B. Internally Displaced Persons
Many internally displaced persons were deprive approximately 19,000 displaced persons who had treated as outcasts to the election process, rather
The day was frustrating for many. Those in gove found public transportation meagre. Once at the p were not on the local registries, despite havi Commissioner of Elections detailing their eligibil
1) Voting
The situation was worst in Puttalam district, resi persons. Many local voting lists were incomplete Even many of those with authorisation letters fro!
The Sri Lanka Muslim Congress (SLMC) had Colombo the names of 6,100 persons who had rec Puttalam camps for candidates in their native Jaff of eligible displaced persons that contained only
In 5 other Puttalam polling stations visited by a persons who had registered were not on the local li town, the voter list for Kilinochchi, Jaffna distric
30 LAW & SOCIETY TIR

SOS
strict is sparse. Only about 13,000 people of the lightly more than 2%. Kayts island attributed for place in areas effectively under the control of the elections as Independent Group 2. The vote here e will of the electorate.
Group, two of whose members were permitted to 'gularities. The most serious infractions occurred es of EPDP supporters acting as EPRLF agents, . or Presiding Officer and other election violations.
ns were active, or 40%. These included 21 of 50 uniya and only 1 of 54 stations in Mullaitivu. The undermines the legitimacy of the Vanni election. loting took place generally without incident.
Vanni were conducted without the participation of went peacefully and smoothly in Vanni. The lack precludes an accurate assessment of election day
'd of their right to vote on election day. The managed to get authorisation to vote were often han as citizens with full rights.
rnment camps far from polling stations sometimes olls, hundreds, perhaps thousands, found that they ng received polling cards or letters from the ity to vote.
lence to thousands of primarily Muslim displaced , preventing many displaced persons from voting. m the Commissioner of Elections could not vote.
procured from the Commissioner of Elections in eived authorisation letters to vote in the half dozen na. But the local polling authorities received lists bout 3,000 names. V
n International Observer, at least 1000 displaced sts. For example, at a Muslim camp near Puttalam it contained a mere 6 voters, although the SLMC
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voter list procured from the Elections Commissic announced that a corrected list would be providec not changed. At a Kalpitiya polling station, 185 from the local voter list and informed that they was a problem, local election officials decided to letters as proof of eligibility where the name wa
The registration problem was not limited to the
staff member of the Eastern Rehabilitation Centr the internal refugees living there had been unable cards. At Rugam camp, Eravur, Batticaloa dis polling cards until the day before the election, intentional as most of the refugees had been livir
2) Transportation Problem
Transportation to polling stations was another pro polling stations were close to the camps. But in great, voters often found that the public transport
In Vanni district, a polling station was set up be checkpoint before no-man's land). This was for th now live in Vavuniya town. It proved to be ver Vavuniya town to the polling station. While this a "uncleared". Those in uncleared areas were not transport problems throughout the region, with fe
In the Horowupotana area, Trincomalee district, t well as persons who live in contested areas. On th in Morawewa in an attack by the LTTE. While election day (here or elsewhere), many persons liv often have only a few families and it was difficult closer to the main towns. Although there was gen election day, it seems that a more concerted effor the polling stations, particularly the road from Ho a significantly greater number of people to vote.
Findings: The relatively few displaced persons who awaiting them on election day. Many, perhaps se not on the polling lists even though they had autho found it very difficult to get to polling stations beca
The Law Group urges the Elections Commissioner a priority for the next election. The government in to exercise their right to vote and that they do no communication links need to be established between officials who work in areas where there are displa up to date. Polling cards (or authorisation letten polling stations must be notified. Public transp persons who live far from polling stations, or, eve
LAW & SOCIETY TRUST REVIEW - I & I

er listed 806 voters. The Senior Presiding Officer but by 1.30 p.m. on election day, the situation had splaced persons from Vanni district were missing re not eligible to vote. In some areas where this |ccept the Elections Commissioner's authorization not on the voter list.
forth, but occurred in the East as well. A senior informed an International Observer that 1,000 of o vote because they had not received their polling ict, many displaced persons never received their f at all. It was unclear whether the delay was
in the camp for 4 - 5 years.
blem for many displaced persons. In some areas, those where distances to the polling station were tion to the polls was wholly inadequate.
yond the Thanthikulam army checkpoint (the last e people who came from this region originally but y difficult for these people to get transport from rea is considered "cleared", many areas nearby are able to vote at all. In general, there were many w buses running on election day.
here are upwards of 40,000 displaced persons, as e day before election day, two soldiers were killed
there proved to be no attacks by the LTTE on ing in exposed areas were afraid to vote. Villages for them to reach the polling stations, which were ral support for the role played by the military on by the army to provide security on the roads to rowupotana to Trincomalee, would have enabled
successfully registered found additional obstacles eral thousands, discovered that their names were isation from the Elections Commissioner. Others se ofinadequate public transportation or security.
o make the issues of internally displaced persons eds to ensure that all displaced persons are able face unnecessary obstacles in doing so. Better he Elections Commissioner in Colombo and local 'd persons. Registration lists need to be brought ) must be distributed well in advance and local tation needs to be provided to those displaced better, polling stations should be set up near the
SEPTEMBER 1994 31

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refugee camps.
VI. Findings and
The International Human Rights Law Group mak
1. The Media: The existing government control ( to freedom of expression. During an election per an unwarranted political advantage to the ruling pa Lanka to end its virtual monopoly on domestic te
2. Election Regulations: Government regulati prohibiting the canvassing of voters by candidates limiting the freedom of expression, the laws affec
The Law Group urges the Sri Lankan government t Total prohibitions on posters and canvassing cou address the problems associated with these pract special public places where campaign posters coul removal of posters or enforce campaign spending
3. Use of State Resources: The unlawful u government vehicles, was among the most frequent Such practices provide an unfair and unlawful adv the Sri Lanka government to better enforce existi election campaigns or to strengthen the laws so th
4. Voter Registration: Many otherwise eligible v be a long gap between the close of the election re young, first-time voters. Steps should be taken t the vote. Greater voter education is needed to procedure for distributing them.
The administration of the registration process by ti uncertainty about the fairness of the process bec, cases of registration list tampering by village offic appearance of impropriety. The Law Group urg persons who are not appointed for political reaso
5. Pre-Election Police Bias: There were many
bias by police in the enforcement of the election the unenforceability of the law. With respect to appeared to act in a highly professional manner th Inspector General of Police to assess election-rela take proper action against those police who failed
6. Pre-Election Party Violence: Much of the v not appear to be premeditated, but resulted from a escalated into violence. The Law Group urges th consultation with other parties, to minimise the
32 Y LAW & SOCIETY TIR

Recommendations
s the following findings and recommendations:
f television and radio news violates the basic right od, government control of the broadcast media is rty. The Law Group urges the Government of Sri evision and radio news.
ons prohibiting the public display of posters and and their family members are overly broad. By t the fairness of the electoral process.
D adopt less restrictive regulations on campaigning. ld be replaced with less restrictive measures that ices. For instance, the government might create d legally be posted, charge political parties for the limits against candidates.
se of state resources by the UNP, particularly ly cited violations committed during the campaign. 'antage to the ruling party. The Law Group urges ng laws on the use of government property during at such practices do not continue.
oters were unable to vote simply because there can gisters and voting day. Particularly affected were o allow for registration much closer to the day of clarify the purpose of the polling cards and the
he gramasevaka niladhari (village officers) creates ause they are political appointees. Even if actual ers were infrequent, the process was marred by the es that the registration process be administered by
S.
complaints by opposition parties regarding alleged aw. Many of these allegations may have reflected serious violations of the criminal law, the police roughout the campaign. The Law Group urges the ted complaints with respect to the police force and to uphold the law because of political partisanship.
olence that occurred in the pre-election period did ltercations between groups of party supporters that 2 political parties to take steps, individually and in bossibilities of such violence in future campaigns.
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The drafting of codes of conduct for supporters w
7. Pre-Election Killings: There were as many period. Most of the victims in the cases reported the high number of cases in which candidates an Group urges prompt, thorough and impartial inv related offences. Prosecution of the responsible level of violence preceding the 1994 parliamen
campaigns.
8. Pre-Election Violence Generally: Although widespread pre-election violence raised political party supporters against opponents were widesprea targets of UNP attacks, although PA supporters \ there were a large number of cases of violen Irrespective of the outcome of the vote, the govel extent of the law. Government officials involved or face administrative sanctions.
9. Situation in Jaffna and Vanni: The current district does not permit free and fair elections. In activity is impossible. Evensin the few areas in . forces of the EPDP have not freely permitted politi urges the Sri Lankan government to reassess its cur Vanni. A solution that would permit eligible an disproportionate share of the parliamentary seats, of Sri Lankans to equality under law.
10. Registration of Internally Displaced Pers displaced persons faced additional hardships in secu as displaced persons was complicated by the diff information required by the form in a short time, Puttalam camps, displaced persons were also the ta EPDP.
The government's policy regarding the registration At its core, the current approach fails to recognise right to vote as other Sri Lankans. The proces Registration lists need to be updated to the present Sinhala, and the procedure made less burdensome unable to establish their former residence, they sh current residence.
11. Manipulation of the Polling Process: The l unlawful balloting does not appear to have taken p to unlawfully affect the vote generally seem to ha polling authorities seems to have been the primary to this issue, especially in Batticaloa and Trincom reappear in future elections.
LAW & SOCIETY TRUST REVIEW - 1 & 1

ould be a useful start.
as 20 election-related deaths in the pre-election were PA supporters. Particularly distressing was i government officials were involved. The Law estigations into these and other serious electionarties is essential to ensure that the unacceptable ary elections does not occur in future election
its impact on the election results is uncertain, the ensions throughout the country. Violent acts by d. In most cases reported, PA supporters were the . vere also responsible for violence. Additionally, ce attributed to candidates and local officials. nment should prosecute these cases to the fullest in unlawful acts should be criminally prosecuted
political situation in Jaffna and in much of Vanni areas controlled by the LTTE, any sort of political Taffna controlled by the government, the security cal activity by opposition parties. The Law Group rent policy towards holding elections in Jaffna and il able persons to vote, yet does not give them a would uphold both the right to vote and the right
ons: Sri Lanka’s more than 600,000 internally ring their right to vote. The application to register culty in reaching displaced persons, the detailed and the printing of the forms only in Sinhala. In rgets of harassment and threats by members of the
of displaced persons is in urgent need of reform. that displaced persons are citizens with the same s must favour inclusion, rather than exclusion. forms simplified and written in Tamil as well as ind time consuming. Where displaced persons are )uld still have the full opportunity to vote in their
urge-scale use of impersonators or other forms of lace, or even attempted. More localised attempts ve been ineffectual. Vigilance on the part of the
deterrent to such practices. Continued attention lee, is needed to ensure that old practices do not
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Page 36
12. Spoiling of Ballots: The current ballot seen Ballots should contain party names in the country Candidates' names, rather than just numerals, sho the ballot would be needed to ensure that changes
13. Unlawful Transport of Voters: The unlawf the UNP's use of government vehicles for this pur Although greater enforcement of the regulation c. might be to increase public transportation on elec
14. Transfer of Ballot Boxes: The process of ti counting of ballots seems to have been carried confusion and anxiety at this stage of the elector government educate the public better as to the counting. Ballot boxes should be clearly distingu
15. Election Day Violence: Compared to the peaceful in most of the country. The major exc numerous cases of violence were reported. Exce seemed to have responded promptly and impartia the government to thoroughly investigate the ele responsible for the violence. We also urge that th the security concerns of groups in exposed situatic in displaced persons camps.
16. Polling in Jaffna and Vanni: The election without the participation of large segments of the smoothly in Vanni. The lack of in-depth informa assessment of election day there.
17. Polling and Internally Displaced Perso successfully registered found additional obstacle: several thousand, discovered that their names w authorisation from the Elections Commissioner. stations because of inadequate public transportati
The Law Group urges the Elections Commissione a priority for the next election. The government to exercise their right to vote and that they do n communication links need to be established betw local officials who work in areas where there ared up to date. Polling cards (or authorisation lette polling stations must be notified. Public transp persons who live far from polling stations, or, ev refugee camps.
34 LAW & SOCIETY TK

is to cause confusion among a great many voters. S three major languages as well as party symbols. ld also be included on the ballot. Care in revising result in fewer spoiled ballots, rather than more.
l transport of voters by political parties, especially bose, did not appear to occur with great frequency. uld reduce the practice, a more effective solution ion day.
ansferring ballot boxes to polling stations and the out without serious problem. There was some ll process. The Law Group recommends that the proper procedure of ballot box transfer and vote ishable from boxes used for election day supplies.
pre-election period, election day was relatively ptions were Puttalam and Matale districts, where pt in these areas and a few other cases, the police lly to reports of violence. The Law Group urges ction in Matale and Puttalam and prosecute those e police in ensuing elections pay more attention to ons, such as Indian Tamil estate workers and those
s in Jaffna and in much of Vanni were conducted electorate. Polling day itself went peacefully and tion on the polling in Jaffna precludes an accurate
ns: The relatively few displaced persons who awaiting them on election day. Many, perhaps ere not on the polling lists even though they had
Others found it very difficult to get to polling on or security.
:r to make the issue of internally displaced persons needs to ensure that all displaced persons are able ot face unnecessary obstacles in doing so. Better een the Elections Commissioner in Colombo and isplaced persons. Registration lists need to brought rs) must be distributed well in advance and local ortation needs to be provided to those displaced en better, polling stations should be set up near the
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MOVEMENT FOR FREE AN
Interim Report on the Sri L of August
(EXT
Introduction
The Ninth Parliament of Sri Lanka was dissolved new Parliament were set for the period July 4 to
The dissolution took place six months before the took most by surprise. Presidential elections w political parties were preparing themselves for tha elections would follow thereafter.
The ruling UNP had been in power since 1977;
system of government and had changed the elector on proportional representation. Elections since thi of Parliament for a further six years, had been vit Election of 1989 and the Presidential Election of throughout the island; they had been marked by vic and Eastern provinces have been the site of an arms since the early eighties and elections in those prov
The UNP had in fact won every single election sin 1993 where the opposition had won control of 3 pr the control of the opposition with a majority of one of a member being abducted at the time of a cruc 1994 had been won by the opposition with a bigge
It was this political background that gave the Parlial and importance.
Thirteen political parties or alliances and 26 in candidates fought for the 196 seats from the 22 ele
The two major groupings were the UNP, backed b Alliance, a coalition of the SLFP, LSSP, CP, Athulathmudali; the PA also had an electoral agre
A number of Tamil-based parties contested the el TULF, EPDP, EPRLF, DPLF - along with severa
The electoral register used, excepting in the Nort 1993. In that province the register used was that o when there had been no revision. These registers
LAW & SOCIETY TRUST REVIEW - 1 & 1.

) FAR ELECTIONS (MFFE)
nka Parliamentary Elections 16th 1994
ACTS)
y the President on June 25th; nominations for the uly 11 and the elections for August 16.
arliament's term of life was due to end. This act ere due constitutionally in November 1994 and election, with the anticipation that Parliamentary
it had introduced a strong executive presidential al system from a "first past the post" to one based :n, from the referendum in 1982 to extend the life lated by various factors. The Parliamentary 988 had been held during a period of insurgency lence and a low turn out of voters. The Northern :d insurrection by Tamil militants against the state inces were hampered by the fact.
ce 1977 upto the Provincial Council Elections of Ovinces. The Southern Provincial Council, under vote, was dissolved at the end of 1993 as a result ial vote. The subsequent election held in March r majority.
mentary Elections of August 1994 an extra tension
lependent groups contested the election; 1400 ctoral districts.
the Ceylon Workers' Congress and the People's SLMP and a part of the DUNF led by Mrs. ment with the SLMC.
ctions in the Northern and Eastern provinces - independent groups.
ern province, were those certified for the year 1986, the latest available certified register since ad approximately 10.9 million voters.
SEPTEMBER 1994 35

Page 38
There were 9553 polling stations gazetted in the centres each accounting for an average of about 1.
76.24% of the electorate participated in the poll. which comprise the Northern province, respec participation rate rises to 81%.
This report will cover violence during the camp. resources for partisan political purposes, the use o' similar purposes, the voting rights of displaced Northern province because it raises certain specifi
The report will pay special attention to these
organisation of the Presidential election. It ma peaceful, free and fair if some of the problems w given heed by the government, the election author
Part I - Violence during the Campaign
Although we have separated "campaign violence categories, it is important to emphasise that often in government vehicles attacking teampaign officer incidents of violence and intimidation carried out to a lesser degree by parliamentary candidates anc
Introduction
Campaign violence was widespread in the 6 week escalated considerably on and after the deadline f
As of August 3, police headquarters received 1058 between July 1 1 and August 3, including 9 politic
By the end of the first week in August, the poli complaints every 24 hours.
By August 9, 122 violations had been reported ir up to 2129.
As of 6 a.m. on August 16th, the Police Electio some form of election-related intimidation, 1003 ir violence" and 12 murders. A tabulation of incide severity prepared by the Police Elections Secreta
MFFE and police records reflect between 12 and were many more incidents of stabbings, shootir crimes against property including houses being campaign vehicles by all sides. There were ma candidates were directly implicated in attacks. I which government vehicles (and in some cases, of
36 LAW & SOCIETY Ti

2 electoral districts. There were 1188 counting polling stations and postal votes.
If the figures for the Jaffna and Vanni districts ively 2.32% and 25.34% are excluded, the
ign period and on polling day, the use of State state owned media, both print and electronic, for ersons and the electoral farce perpetrated in the : issues,
spects because they are of significance in the y be possible to make the Presidential election e set out and the recommendations we make are ities and the political parties.
" and "use of state resources" into two distinct the two went hand in hand. Often, we see thugs s and individuals. Even more disturbing were the by provincial council candidates and officers and | sitting MPs.
period leading up to the vote on August 16th, and or nominations on July 11th.
complaints and reports of election-related incidents :al murders.
:e estimated that they were receiving at least 100
a 24 hour period, and the aggregate number was
Secretariat reported a total of 2092 incidents of cidents of "simple assault", 47 incidents of "serious ts of polls-related violence in terms of location and iat is given as Annex III to this report.
20 murders committed during this period. There gS. stonings, beatings and abductions, as well as urnt to the ground and widespread destruction of y cases in which police, local officials. MPs and addition, there were also many cases reported in icially issued weapons) were reported to have been
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used and serial numbers corroborating this claim reported in virtually all provinces, Matale, Kurune of Colombo district seemed to have the highest in
The last day on which nominations were recei nominations were made. This often led to the supporters at election secretariats. The occasi argument. On this day, the tension often erupted
Violent clashes of a serious nature occurred in Polonnaruwa, Kegalle, Matara and Wennappuwa UNP. Firearms, bottles of sand and other missil of preparedness either to attack or to defend.
Wennappuwa, Polonnaruwa, Kalutara and Ratnap
Intimidation
Intimidation, accompanied by threats of violence. highest number of complaints made to the police a to identify the source of threats which often come
Candidates themselves have been involved in acts de Silva, a UNP candidate and his supporters ga where a PA meeting was in progress and threatene outside; at least one bullet shell was later found in another instance in Eravur, Batticaloa, SLMC can heads", "inject cyanide" and to kill people who su
Intimidation is all the more alarming when it con In one flagrant example, on or around August 14. PA supporters that they would be killed if they di
Q In another instance, the local PA branch office at G received violent threats from approximately 10 pe the office and threatened to burn it down if it did
Another object of intimidation has been the seizu estate workers on Ampitikanda Estate in Bandaraw death. Three hundred and fifty of the workers gunpoint and were warned not to vote. A simil Kandy district.
Conclusion
Most violence took place during the campaig though it was not without its problems and ir later part of this report. Thus the most intervention and monitoring is really during th to election day itself.
LAW & SOCIETY TRUST REVIEW - 1 & 1

were submitted. Although violent incidents were gala. Puttalam. Anuradhapura. Ratnapura and parts umber
ed. July llth, was also the day on which most congregation of numbers of candidates and their on usually generates. Some tension and leads to into violence.
Kalutara, Ratnapura, Balangoda. Anuradhapura,
primarily between supporters of the PA and the s figured in these clashes, indicating Some degree These clashes led to the death of 4 persons, at lsa.
has been a feature of this election campaign. The e about intimidation. However, it is more difficult
anonymously.
of intimidation. On the night of August 7th, Lalith thered outside a house at Karawalabedde, Galle, d the meeting. Gunshots were heard coming from side the house. PA supporters then retaliated. In didate Dawwod (sic) publicly threatened to "shave upported the UNP.
hes from state officials, particularly of the police. , a Reserve Sub-Inspector in Hewahata threatened d not vote for the UNP.
anethenna in the Ratnapura district reported having ple including one policeman. The group came to not close immediately.
re of polling cards. On or around August 10th. ela, were surrounded by thugs and threatened with had their identity and polling cards removed at ir instance was reported from Katugastota in the
n; election day itself was relatively peaceful cidents of violence which are chronicles in a rucial time for domestic and international e 6 weeks leading up to the vote, in addition
5 SEPTEMBER 1994 37

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All major parties in the election were involv victims. Almost all the incidents involved supporters of other parties - not just leaders o
It is important to spotlight this pre-election vio on the election: first, by murdering and disabli of a full and robust campaign where they are a to the platforms and candidates of all the part popular participation in party campaign activi candidates and parties from effectively commu finally, in the face of serious and prolonged p almost a certainty that some voters concluded
Recommendations
The prime context of electoral violence as we h violence which has characterised Sri Lankan politi riots in 1983, the war between the Sri Lankan state between the state and the Janatha Vimukthi Peram saw unprecedented political violence covering the conflicts, they represented a specific phase in the state as well as non-state, accepted terror and bargaining.
One specific aspect of the generalised political viol mounted against elections by armed militant group Provincial Councils Elections (1988), Presidential East and the JVP in the South declared these elect disrupt the election process, before the actual da against individuals and parties that contested the Political murders and disruption of election campa paralyse the election process altogether. On the da were intimidated, threatened and in some cases ki actual polling would be severely disrupted.
The ways in which political parties, both ruling elections of 1988 and 1989 has contributed to a sub were provided with fire arms and armed bodyg politicians were reported to have used these fac intimidate political opponents and voters. Attempt the armed groups that thus came into existence sti
The current spate of electoral violence may also b particularly violent and a ruling party has utilise regime interests. The use of police for individual as of the ruling party has been a major aspect of Lanka. Thus the resort to violence and infractic certain sections of ruling party politicians. Oppos situation in a spirit of tit-for-tat.
38 LAW & SOCIETY TR

ved in the violence as both perpetrators and local party officials or supporters attacking r key organizers.
lence because it has several deleterious effects ng campaign workers it deprives the electorate able to hear all points of view and be exposed ies; second, fear of violence certainly lowers ties; third, selective violence prevents certain nicating their points of view to the electorate; re-election day violence and intimidation it is that voting was simply too dangerous to risk.
lave described above is the generalised political ics in the entire decade of the 1980s. Anti-Tamil and Tamil guerilla groups, and the armed conflict una (JVP) in 89 to 91 were the main episodes that entire political spectrum. As militarised political country's politics in which many political actors, brutality as 'legitimate' mechanisms of political
lence in the past decade was the violent opposition is in 1988 and 1989. When campaigns started for Elections (February 1988), the LTTE in the Northions illegal' and invalid. Their objective was to te of election, by unleashing terror and violence elections as well as voters and party supporters. igns by means of armed attacks were intended to lys of election, voters who went to polling stations led in order to generate a state of fear so that the
and oppositional, handled the crisis during the sequent process of electoral violence. Candidates guards for their protection. In many instances ilities not only for their protection, but also to s to recall these weapons later were ineffective and ll linger in the shadowy background.
placed in the context where the state has become i the repressive agencies of the state for its own political objectives of politicians in power as well the phenomenon of "abuse of state power' in Sri )ns of election laws have become a habit among sition activists, meanwhile, appear to react to this
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In this context it must be an act of will by politic process of violence. We need concerted action b is to be eliminated and replaced by democratic co
In the short term, it is necessary as far as possible quick response to situations that can be prevented the police in election duty also appears necessary
Part II - Use of State Resources for Par
Introduction
A major problem that MFFE has documented in party politicians and state officials to conflate state advantage of their official status to further their p campaign there were widespread reports of state partisan purposes. Many of these reports have b serial numbers. From state bank employees t government milk lorries, electioneering was inter officers at polling centres for postal voters were act polling centres had no. contesting party agents influence.
The most important factor that permitted the misu the fact that 91 ministers of the ruling party rem resources of their ministries. From time to time calling them state ministers, and project ministers;
the last 2 weeks of its office. When Parliament wa most of them used their offices, officers and othel
Most disturbing were the repeated incidents of utilising their positions and state resources to perpe Rather than acting as responsible public servants a during the tense pre-election period, some indivi partisan aims. If elected and appointed officials v can they expect the population at large to embrac parliamentarily without resort to violence?
Perhaps the most chilling of all the reports taken those which implicate local police officers in violer and protection. Another group of officers who a assigned to the ministers. These were drawn from protection of the person of the minister with the f
When Sri Lankans cannot even rely on their local peace, we know that dramatic changes in the polit
Recommendations
The use of state resources, particularly vehicles, f
LAW & SOCIETY TRUST REVIEW - 1 & 1

al parties and the people that can rid the political all these actors if political and electoral violence inteSt.
to ensure police neutrality and to activate them to from becoming violent. Education and training of
ty Pur 90SeS
his election has been the tendency of some ruling interests with those of the ruling party and to take arty's electoral fortunes. Throughout the election
personnel, vehicles and equipment being put to een authenticated with specific names and vehicle o police, from Mahaweli Authority vehicles to tionally confused with state business. Certifying used of attempting to influence voting, and certain who were considered essential to prevent undue
ise of state resources in this alarming fashion was ained in their posts and retained control over the the UNP had increased the number of ministers it even swore two new ministers into office during is dissolved, all these ministers remained in office;
resources in a very partisan way.
officials, candidates, state employees and police trate campaign violence or election law violations. :countable to the state and as stabilising influences luals took advantage of their positions to further iew violence as just another campaign tactic, how e the view that political differences can be settled
in by the MFFE during the past few months are it incidents or in the meeting out of unequal justice bused their position was the security bodyguards the police or the reserve police; they confused the urtherance of his political goals.
police officers for non-partisan protection of the ical culture are required.
r electoral purposes was one of the most frequent
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complaints. There is nothing in the election law in flagrant violation of administrative regulations v for state purposes.
This ability to use state resources gives an unfair a to those who held ministerial rank; the latter fac
system.
We propose that the election law be amended to p. use a ground for challenging an election. Any pol of state resources for partisan political purposes sh
There should also be a constitutional requirement t who should comprise the caretaker government sh
Part II - Use of State Owned Media
Television, radio and the largest newspaper grou private radio and television channels but these dic
The law requires that all contesting parties and ind on a specified basis of allocation. This was done taking their message to the people.
Bias however became apparent in the news and controlled by the state. News was of the activitie of the ruling party. Feature programmes devoted the state agencies responsible such as state banks, i thinly veiled advertisements for the achievements
The most blatant misuse of television by the rulin time for electioneering, when the Rupavahini and th by the state, ran an interview with Mr. Gamini Iri campaign - constitutional reform and the ethnic co Sinhala nationalist; he bitterly criticised the PA p settlement which he said was tantamount to betr attitudes towards constitutional reform.
Mr. Iriyagolla now says that this interview was t
that it would be telecast before the cut off date. then becomes all the more heinous.
Part IV - Election Day Problems
Introduction
Although Election Day was only one day in this
happened on Election Day was largely a function during the course of the campaign. Who ultima
40 LAW & SOCIETY TR

:oncerning this; such use of vehicles is, however, hich require state resources to be used specifically
dvantage to the ruling party, and within the party, t is important because of the preferential voting
'ohibit the use of state resources and to make such itician or state official who uses or permits the use ould be made guilty of a punishable misdemeanour.
hat when Parliament is dissolved, the only persons ould be ministers of Cabinet rank.
p are state owned and managed. There are some | not carry news or current affairs programmes.
ependent groups be given radio and television time and every party and group had the opportunity of
feature programmes as well as in the newspapers s of the government which in effect became those o various development programmes, sponsored by insurance companies and the Janasaviya Trust were
Of the UNP.
g party was on 15th August, long after the cut off he Independent Television Network, both controlled yagolla on two issues that had emerged during the nflict. Mr. Iriyagolla is a lawyer and a well known ledge to end the ethnic conflict through a political lying the interests of the Sinhalese as well as PA
aped some days earlier and his understanding was The government's action in telecasting it after that
campaign, it was the most important. But what of what had taken place on the days preceding it - tely was allowed to vote was a function of many
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things, for example, how postal voting was handl for displaced voters to vote. Who actually cam campaigns were able to communicate their message parties got the largest number of votes was affecte were available to parties and candidates to carry Ol most important issues facing Sri Lanka and which violence. Thus, the ultimate outcome on August 16 took place during the months leading up to Election is also the most dramatic - Jaffna. Low voter turnc a function of too few polling stations being set up a importantly - widespread violence and fear of viol others.
As we have detailed in earlier sections of this rep violence against candidates, supporters, family me used to unfair advantage by the party in power. T postal voters. There were inadequate arrangements where it was simply impossible to conduct an elec
Of course all of these problems had a significant in Thus to really evaluate what happened on August 1 beforehand with all of what we know took place o
a. The MFFE was able to monitor Election Day activ were still far too many incidents of violence and inti than the days leading up to it. The types of proble
1 Registration of voters
There were numerous complaints of voters being lef procedures for voter registration need to be examin in a later report.
2 Polling cards
The polling card is not a necessity for voting; nevel take with them to the polling station as identity. It and others planning to impersonate.
Polling cards are distributed through the post abo genuine case of inability to deliver polling cards be there is evidence of polling cards being used for m
An instance is a report of a PA candidate who threatened villagers, forcibly taking polling cards fri
At Matugama, a person was carrying bundles distributing them to people. Despite repeatedly in of citizens apprehended this person and found on h
LAW & SOCIETY TRUST REVIEW - I & I

d, and how effectively arrangements were made e out to vote was affected by, how effectively and by campaign violence. Which candidates and by the quality of the campaigns, what resources t their campaigns, what voters believed to be the arty would deal with them best, and by campaign th was shaped to a great extent by activities which Day. Perhaps the best example of what we mean ut on Election Day in the Northern Province was head of time, inadequate transportation, and most :nce against and between parties, candidates, and
rt, there were repeated problems with campaign mbers and ordinary voters. State resources were here were repeated incidents of interference with made for displaced voters, and there were places ion, like Jaffna.
pact upon the ultimate outcome on Election Day. 6th, we must combine all of what we know came n the day itself.
ities in 16 out of the 22 districts. Although there midation, the day was significantly more peaceful ms our teams reported were of several varieties:
it out of the registers from virtually all areas. The ed and improved. This question will be taken up
theless it is the one document which most voters is also a document sought after by impersonators
ut a week before the election. There may be a cause of the sheer mass in some post offices, but alpractice as reported from many places.
allegedly came to Udathalawinna Village and xm Muslims, Tamils and known UNP supporters.
Df polling cards, visiting polling stations and forming the police, nothing was done. A group im 74 cards.
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The other features we want to highlight are:
Violence and intimidation at the polls - on the activists or, in a few instances, the police.
Violations of election laws pertaining to campaig
the polls or giving out leaflets close to polling stati such as to poll-watch or follow the ballot boxes to
Voting irregularities and violations - such as im certain individuals the right to vote either through
Despite these problems, the overall turnout was a
Recommendations
As we have already made clear, many of the proble took place during the campaign, thus the recomr obvious relevance here. It is important to bear in r truly is justice denied. Thus there must be a rapid not deleteriously affected. In addition to our prev
1. A police presence if possible at every pol
functionally accomplish the same thing, violence, threats and intimidation at the pc
2. At least two central locations per district
right to vote for any reason at their pollin
3. Central locations where campaign support immediate response from regional election
Police also need to be better able to distinguish bet The Elections Commission needs to improve u information is simple, concise and comprehensive police, poll workers, candidates and party support
Spoiled Votes
Another matter that can be taken up in this secti election, the total number of ballots rejected was .
While a few of these may have been deliberately si have not been marked in accordance with the rul itself, which requires the voter to mark the par individual candidates, is complicated.
It is recommended that attempts be made to simpl to voter education is necessary.
42 LAW & SOCIETY TIR,

part of candidates, their supporters, other party
ning - such as parties providing transportation to ns, or parties and individuals being denied rights the counting centres.
personations of voters, and poll workers denying direct intent or inflexibility.
impressive 76.24% of registered voters.
ms encountered on Election Day mirror those that endations contained in Sections I and II are of hind that in terms of election day, justice deferred
response system in place so that voter turnout is lous recommendations, we would like to suggest:
ling station in the country, or police patrols that so that there can be an immediate response to )lls.
to which voters can appeal if they are denied the g station.
:rs and candidates can report violations and get an is commission officers.
ween legal and illegal election day party activities. pon its election day training materials so that
and this material should be widely distributed to
e.S.
on is the large number of spoiled votes. In this 100,389 - comprising 4.8% of the votes.
oiled, the large majority are rejected because they
s. A frequent complaint is that the ballot paper ty of his choice and his preferences among the
fy the ballot paper. In any case, greater attention
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Part V - The Election in Jaffna and Val
When Parliamentary elections were announced, the be possible to hold free and fair elections in the districts comprise the Northern Province which controls only roughly 15% and 30% respectively
The Elections Commissioner was approached by s ACTC and EPRLF who maintained that condition in de facto control of the remaining territory had not to participate in the election process. The Ele was obliged under the constitution to hold election a proper poll in these areas too.
The TULF then went to law, applying to the Cour holding of an election in the Jaffna district. Nume Office had been shifted from Jaffna to Tellippalla conditions for an election did not exist in Jaffna; o lived in areas under army control and it would be who would represent Jaffna; political parties had by the LTTE; the registers to be used were those had been made since then, thus disenfranchising The Court refused this application; it held that th holding of the election and, if no proper poll w petition.
A fundamental rights application filed by a voter poll in Jaffna because of the armed conflict and tha would be a violation of the voters' rights to equalit Court.
The Elections Commissioner later issued a gazel districts even though it was patently clear that the l;
Several Tamil political parties made a final appea Jaffna district in the second week of August. TI election, arguing that only a tiny percentage of the vote. They expressed concerns for their security on August 1st, one day after the Elections Comn Palaly camp and the areas and islands where the e unheeded.
Also in early August, the Postal Department annou northern Jaffna peninsula and would deliver only 2 Commission announced that approximately 25,40 eligible to vote, most of whom were from Puttala
In the event, the elections that took place were a of 54 polling stations in the Mannar division, 44 c in the Mullaitivu division were active. This mean
LAW & SOCIETY TRUST REVIEW - 1 & 1

ni Districts
question immediately arose as to whether it would Jaffna and Vanni electoral districts. These two is the primary area of conflict; the government of the land area of these two electoral districts.
everal Tamil political parties including the TULF, s in Jaffna precluded a poll. The LTTE which is instructed the Government Agent and his officers :tions Commissioner, however, maintained that he s in all districts and that he would attempt to hold
t of Appeal for a Writ of Certiorari to prohibit the rous grounds were cited in support; the Returning , a place under army control, thus signifying that nly 6000 out of the total 600,000 registered voters a travesty of democracy to permit them to decide no access to voters as they were kept out of Jaffna prepared and certified in 1986 since no revisions all those who attained voting age since that date. e proper course of action would be to permit the as held, to canvas the matter through an election
alleging that conditions did not exist for a proper it the holding of the poll under such circumstances y before the law was also rejected by the Supreme
te listing the normal polling stations in the two arge majority of these stations would not be active.
l to the Government to postpone elections in the he parties expressed serious doubts about a fair 600,000 eligible voters would be able to cast their when the LTTE attacked Palaly Military Air Base missioner and police and military officials visited lections would be conducted. This plea also went
nced that it would not deliver any poll cards to the 9,000 in the cleared areas of Vanni. The Elections 0 displaced voters from the North and East were in and Kalpitiya.
arce. In the Vanni electoral district, only 21 out ut of 65 in the Vavuniya division and 4 out of 50 that only 71,397 voters, 40% of those registered
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in the district, had the opportunity of voting. UI only 25.3%.
In the Jaffna electoral district the situation was gr about 30 in the islands and areas under militar registered voters in the district, 13,831 cast ball votes were, in all cases excepting Kayts, those c
Ewen in those a reas under army control, the dom also contested the election under the guise of In EPDP used its weapons to intimidate not only th Eo effectively shut out other political parties fi registering its men as polling agents for Other p. were involved in the clection process,
These elections, however grotesque, were crucial held in any electoral district or division is for th results is proof that he has so decided. Howevel the political parties contesting that particular are in the Wanni and Jaffna districts because he called two districts for 3 p.m. on 17th August, the da meeting supported, for different reasons, the act this position and released the results. If this h election concluded and could not have proceeded country into political turmoil. The acceptan un representative, was apparently the price to be
MFFE's two-person team who reported from the the days prior to and on election day, characterist calling attention to the myriad problems encount participation. One elementary problem they cite stations in many parts of the Province. The lack the low woter turnout.
In terms of the refugee vote, the team reported entitled to Wote and had their WOLes Coulted in the to March 1993 were entitled to vote (those who not). But in at least one instance, of the 700 I Wawuniya Administration with the UNHCR) who the Elections Commissioner and no explanation Tamil refugees from Jaffna living in Vavuniya, o applied for their voting cards,
Polling itself was free and efficient, "... but may was largely avoided by requiring voters to bring I by the army in Wavuniya: "we thought it was a w administration officials because this particularly encounter one case of police misconduct in the LC inspector was greeting voters pistol in hand,
44 LAW & SOCIETY TR

lider these conditions, the Lu TT1) ut in the district was
otesque. Out of a gazetted 445 polling stations. Only control were active. Ultimately, of the 596.366 ots, or approximately 2.3% of the electorate. The ast by refugees in their present places of refuge.
inating presence of the EPDP, an armed group that dependent Group No. 2, distorted the result. The le voters but also polling staff. It used its position rom campaigning. It even went to the extent of arties so as to create the impression that others too
in another sense. Whether a poll has been properly e Elections CoIIIIlissioner to decide; the release of r, if he is to decide otherwise, he illust the consult a. It is clear that he had doubts about the elections for a meeting of all political parties contesting these y after the elections. All the parties present at the ceptance of the results; the Commissioner accepted ad not been done, he could not hawe declared the LO fill the Illa Liola list. This Would hawe L H TWI'll the e of the result in these two districts, however paid for political peace.
Walni electoral district of the Northern Province in 2d the elections as "free, but not necessarily fair... ered there and the resultant low percentage of voter d was the inadequate or inactive number of polling : of adequate transport also certainly contributed to
that approximately 15,000 Muslim refugees were : Wanni region. Indian refugees who returned prior
came after this date - approximately 10,000 were Indian returnees in the Asikulam camp (run by the applied for voting cards, only 75 were accepted by was given for the rejection of the other 625, Of the Stensibly entitled to cast ballots for Jaffna, very few
be not fair" according to our team. Impersonation D papers and in some cases a special ID card issued ise decision to act like that in accordance with civil avoided large-scale impersonation". The team did wn of Vavuniya at a polling place where the police
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Nine persons were arrested on election day, 5 w or for transporting voters to the polling stations. the weeks leading up to the election.
Part VI. The Voting Rights of the Dis
The ethnic conflict has left a large number of pe maintained by the Director of Social Services, th refugee camps run by the state or other volunta entitled to state assistance. This figure is likely Tamil or Muslim, though there are also a smaller East.
By law, displaced persons have the right to vote appear on the electoral registers being used. T. Commissioner on a special form which asks for also to be made before a date specified by the G announcement of elections and the actual poll, the
In the face of all these difficulties, only 25,000 dis only about 19,000 were finally accepted by the C of the displaced were shut out of the election,
Refugees who had returned from India were subjec returned prior to March 1993 were deemed eligi which housed 2500 returnees from India, 2500 ap by the Commissioner. No reasons were given fo)
This situation is particularly depressing when one r role in determining representation from Jaffna.
Refugees also had to face armed threats. Refugees with death or arson by the EPDP if they did not v refugees accepted for voting were taken from ther
During the same period, also in Puttalam, the Mus the Elections Commissioner, that he had learn unauthorised person allegedly on behalf of the SL expressed fears that these cards might be used t Puttalam. At that time, he urged that the Postma through the AGA and the Grama Niladharis.
Recommendations
It is necessary that the voting rights of refugees ar with the exercise of this right be relaxed.
LAW & SOCIETY TRUST REVIEW - 1 &

re from PLOTE either for alleged impersonations PLOTE had been accused of voter intimidation in
laced
sons internally displaced. According to statistics are are about 600,000 persons at present living in 'y organisations or with relatives. All these are o be an understatement. Most refugees are either number of Sinhalese displaced from villages in the
n their places of refuge, provided that their names ey have to make an application to the Elections nuch detailed information. The applications have ommissioner. Given the short time between the
time available is limited.
placed persons applied for voting rights. Of these ommissioner. This means that the large majority
:t to some special difficulties. Only those who had ble to vote. At the Asikulam camp in Vavuniya plied for the vote; only 75 of them were accepted
the denials.
otes that the votes of the displaced played a crucial
in the Saltern I camp in Puttalam were threatened ote for them. In some instances, polling cards of n by force.
lim Affairs Minister, A.H.M. Azwer, reported to 'd that some poll cards were collected by an AC, from the Puttalam Post Office. The Minister I fraudulently cast votes at the refugee camps in ter at the Post Office issue the balance poll cards
: accepted and that the formalities now associated
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卿翻•**屬瀏影
簡‧御劑參屬·即**奥多。夏奥夏、智★ → • • • • • •
12 DATTI CALQA || 231 , 898 ;! 23, 244 ; un, ons : 76.516 : -- , 19.278 · · · · · · · ·- :: » m , 072 : - - . . . . 547 , ; , $ $ $ : · ·}*: ، ، ، ، , 088 ) : 1 5 , 331 , : à 89 , 610 :: 13.33%曾.8%43.唱S减: E 1 . 0Ꮴ28 ;}:: , ? .85x :。Q笠姆%, Q,3然碱}}; gr. enx ; e. mox : 72. 40x ys biganapulla : su 2.005 : -- : 78.787 ;4.092 ; 24. sas : -- : s«. 130 : -- : -- : -- : -- : 673 : 78.093 · · ·J., Jöß o - • * :: - - . . — •240, 766 : 1 2 , was : 253. 502 :::sa. n2x : 1.143 ; 10. 10x ::22. 69x ::-}: 0.20s ; 31. mox :, .盘母%;}:}94. 96x ; 5.02x ;德姆快餐 ng rainco malze ; neq, ooo : 88ı : 34,986 : 3,700 ; 26, 380 : • •23,806 : -• ~ . — •- -: ssg : 26, 303 : -ᏚᏫᎬᎥ , - -: - : - ; uns. 942 : 6,682 : 1 26 , 624 ;;o. nsx : 29. a 7x : 3.09x ; 23. sex ;,49.9龄 :*� e.eg減 ● い』は�}9参 3 2%減 ● 7&減 13 ×U(UNEGAŁAŃ : 076,491 ;; sɔ2, san : -- : -- : -- , 366.086 · · ·: • •: 4 , 000 : - - ;, . ; -- : -- ' ; - , : -- : now, ane ; 30. on 1 ; 7.st. 350 ${! 42.02x :3{; s.m. 0?x :}:; s. toux ; ,}:}į::、墨姆.雷树龄 : 4.它包姆。鲁鲁。12% 歸翁** QQQ』』ゅQ ; uan, sau : -- : -- : -- : ns0.605 : -- : -- : -- :; Ꭵ .Ꭶ15 ;~ : • • ; •; -- 8 -- , : -- ' ;: zso, azw : 13, 144 : 293, s.73 }33宝藏。鲁智%|}!$3.象雄碱::::o.ạss::|:::}:93. 53x : | 4.47x :碱碱,3垒别 AシAQまA 参Q● ●QQ : 142,004 : -- : -- : • • : a00.48% ; • • • • • • • • !: 3,017 :: • .: -- : -- : -- I - , : sas. oso : 14. szo : * 1.604 $3: «», «s» :3!, 3$, i sae ,{· & & :·}}:: , s.s. ozs : s. zes : 33.32.x 鶴巻 シA鶴シA Qee | su, nga s -- 1 -- 1 -- ; sa, was s -- : -- : -- : • • • • • ooo : · * * **. . : -- : - , : -- : -- s , ısı . ana : s. 434 : • • • . $na ${§ 4o , soos :{:; s m. las :}:}: 1.20s :;::}::: ss. Noss ; 3. sex ; a3.6ęx Agg A; oss, 250 £s mea, msı ; -- 1 -- : -- I noe, soo : -- : -- : -- ; , , oo ^ : o.ooo * * * * * * *san : 2, son : -- : -- : -- : san, oss; ; 2e, 340 : sso, owo }}·S4.0%8::{{;: e.«ss : u - spots ;:; n. 30a : 0, † ??) ;{}; . sz. mox ; m. sus : ' oo , oox 参')4CALA ,器等等。39 : so, oso ; -- ; ~~ : ~~ |: - - ; - - . : -- ' ; - - ( a, bɔɖ : - - : - :eo : sus ; sa : s, swa ; now : nsw.esso; m.s. bos : ano, suo ș* ●●すシー+十# ...&和+3. ー-3; a. pax : 0.0.tx : 0.9ex: 1, 28x. : q. 13x; . . 29.44* 8.... s. 34*...*_-_53.: ? » 21 No'ar Malaeva a : $34,60? ;229,750 ! -- : • • : • • s ・ ・éョ* ・QBe ・ e& ー ・・«so, asș ; 23. su u : «as, é, !!¢ዝ• የ96ጻቖ ;:}:::{: o, ɔɔx : o. o us !} a a・skm e.ee::9·12減。參戀恐滅。sɔ, 2śx ?? saeðlis, seき、●** xaș, așa : -- s -> i -- :; . . . ! -- : -- ) ! -- ; 3,303 ; - - - - - ? • ・ ー &gé・Q』や ,の傘 ● ● $?; sasané :}{:}:;} ● {}}*3:; es. ses : « . , nx ; 02 . osv. ----------------+-----------|------+----------+-------+------+-+------+-------o--: --~~~ : ~~~~~~~ : ~~~~~ : ~~~~~ ~*~---+--------+-----+-------: -------+-----: ------: -----+----------+--------+---------- sešas,:40, søø,ọss:w, way,w.syo:as,os?: una.***{a,ess ; s.sun. sax. : sss : » m. sew : wɔ sɔɔ, sɔɔ sɔe.ooo! 14», søn : xsv : ss, oso ; 16. sɔɔ : ***;s, gwa : 207 ; * , wo ɔ, nos ; sốo, seo : s, seo, bɛɛ
valsts i s.ax, u.s.w.a.w.w : •••••x 16. sısı ö. is :meta: ••••• • • •••• • • • ••••••• •**** ;2. aux : o.oosse, oss : o.o.ox: •». aww : «...sos : os aos
• • • • • • • • • • • •
** -- s| 14. ***
•••••••••••••••••••••••••••••••••••••••#aar ••••••• • • • • • • • • • • • • ••••••• • • • • •**·角 ,学* 鞍 L, 伊血腥 &遭司法必 &要鲁塞罗曾多番禺曾揭露必f-F等鲁迅等。*********
Ł ł • • •....... » , » » as as ••••••• • • • • • • • • • • • • • • • • • • • • • • • • •
LAW & SOCIET
a s s . «a s s s ss
« » a a Y e Y é
46
 
 
 
 
 
 
 

se a o
Annex I
•• - ------ → • • • • • • ••••••••-----~--~--~~~~--~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~... . . . . . - - - - - - - - - - - - - - - - - • • • • • • • - - - - * * * * * * * * * * * * * * *- - - - - - - - - - - - - - - - - - - - - • • • • - • • • • • • • •- - - - - - - - - - - - - -- ·· - pwo. prsrnıcır : msc.worzs {epals ; uno{: ruly : nssp :PᎪ, ouc ; brir ; err : nep : slor ; sưic : shbp : indi : indo : indo ; indo : inds : valio: xe J szcTrio; roT al. : ::: -}:::::::}:}::}::: WO? ES :: I'01. LED : --~~~--~--~~~~ ~~~ : ~~~~~~-• • • • • • • ;}-----: ----------: -----; - ------; - - - - - - - - - - - - - : -S Si S: - - - - - - - - : ! coĻ0,00: 1,235, 959 ; -- ; 38$. 100 ;1. u iş;----; 2,050 : 469,642 ; 589 : --: -:42, 734 : 1 1 , 434 :-:: 9, 25 i :-: --: -: --; 921 , 9 33 : ᎫᎿ , 635 ; ᎸᎼ 8 . ᏚᏮᎦ ; :{: 41. 17x : 0. \žx ;: 0.223 ,50・94減 ● ●●減:: 4 , 64 x : 1 · 243 ::; : , 00x :|}::95 16パ a・B2だ 7 Ꮔ , ᏏᎦᎩ ; 2. ɛA,A: 1.140, 808 : · · · 374 , 531 : --:- -:: 509,030 :- ----. -- :o 1 1 , 627 :-$ o:;:; 896 , 28833.3s を9,&* !}:虚1.馆4%:::3 gy::·: , , 30$ :-|·:}::96. 39x : · 3 · 61x :8 | 3 | \ : 3 :Asiaessa, ●● -ー 11:-- : -- : 2? 1 : 75 % ;}§ 339 : 5, 9 i 4 : 6 , 230 ;" -: ~ ~·}! -505 , 360 : 25.397 : 5 30. 157 ; }}; ns. 75x ::::53 ?Ꭲ ᏈᏓ ;·; o. ota: 1 / 7 a 1 2 3x :::}|-; ·-るお・2 9をぎ きミ
● シ}w 20, 192 s -- ; 30), 824 || ~ ~-----; -- : 267.683 ; -- -」ー a.es* a.e }2†0 :2^8 .·-: 5ገፀ , 3ጳ2 ; 3 " , 0 }9 : ኮህ " ነገ ፤ ' }::32 , 353 s8!3●● ● -!: o , q ≤ ∞ : 0. 53x ;: ● ●3% g・●●競 ·*:総書・g9減 3 & &7% 3 matas,}259, 27 1 : -- : 100, 12 1 : --:----: -- ; 102 , 680 o----; ·:; n. 433 :-: 』.32& -: - , :・ ・ ぬes,ss se a,ge&・ :}: 68. (31× ::{§ 49.83% ;-{:o. 10× :}. Q.84够}:::9§. 22x ; ; 5 ? o.x : 84 32x : ∞ √∞a√∞a •,,) sa:, ses ; -- ; 178 , 478 ; ~~*- -: ~ ~ :st. 630 :}: -:£ € © ·穆2鲁: .. aetae . 3t 4-; • • • :-: 301, 9 i 8 : , , , 592 : 323. §. 10 : :::50. 12x ::::km }-; : 0. 16x - 0. 31) ::9. tae??-:•-93. 33x , 5. 673 : 8.3. ö73 ; s , GALL,:632. 422 : -: 203,268 : -:-: -- : 271.956 ;|-----• 305 : 4, 145 · 7 · 239 :-:; ·:: --492 , 914 : 20.673 : $ 13. e77 : }:; $1 . 24x {::: 69. 90× .-: 0.06x: 0.84%s · s. 47* ::}-:}*ゆS.96 *・0ま減 8」・2%減 ∞ √atrasna! sos. 470 : -- , : 142.024 : --:----: -- ; 227 , 26$ o- -ー ・e& ●・Q&e · · · ·- -|}: - •aja.es sa.sa* :-{33、Akm !::%感.母0龄}, g. 3 ? 's , 4 , 30× ;-|}-;哈佛.67明,4.33%± & . t ex : ∞ √∞a√∞a√∞fœtra ,如24,914,·· :03; 362 : --!----: ~ . ; s. 32.000 :-; abc : 2,040 . 15. 309 :26? ’ ,哈姆剃46o ::, 246 , 879 ; ) 3.339 ; 260, a 18 . }$:秘鲁.象T减{}鍵 ・; o. offsą: o. d4x , & 4 \, ;● ● ● -:→94 box , 3 20x ;7ゆ・参g減
君归知蟹与寄如:km ----; --*- -i -- £, ' '... • •' ~: 2. Q09 , !-ら g, ** |-: -, , , \ 3, 479 ;363 撃g』
}; \ . 9$X ;!!}}} 3.56%。; 2 , w sw : ww w I w , !·|- 33% 裂割裂减 制 WA零}1Ꭲ , 69Ꮘ ;Ꮽ , ᏎᎦ5 ;ገ ,850 : --: 3,039 ;参e 雄,$每3; i 1 , 667 :++; 8, 142-Ꮾ2Ꮞ : ↑ , Ꮺ8Ꮼ·● 7 』,009 45, 280 : - - - - - -• • • • • • •-• • • • u sa sa aer •ŋ * * · * * * *总峰峰影峰-19.2%减 ● ● 3km塔3.3%5 , 65Ꮛ :a.s. sax:
199
"Y TRUST REVIEW - 1 & 16 SEPTEMBER

Page 49
August 12: Papers reported that complaints totallec
before election day.
Totals as of 10.30 p.m. August 15, 1994
A. Violations by district recorded/received b
1. Colombo 23 2. Gampaha 7 3. Kalutara 1 4. Kandy 1. 5. Matale 20 6. Nuwara Eliya 6 7. Galle 4 8. Matara 3 9. Hambantota 10. Jaffna 8 11. Vanni 5 12. Batticaloa? 5 13. Digamadulla 1 14. Trincomalee 2 15. Kurunegala 5 16. Puttalam 8 17. Anuradhapura 1. 18. Polonnaruwa 4 19. Badulla 7 20. Moneragala g 21. Ratnapura 1. 22. Kegalle
District Total 19
B. Police/Army 3.
Intimidation by Inaction by Complicity by Involvement by Pressure on
C. Misuse of State Property 4
D. Poll-Related Deaths 2
LAW & SOCIETY TRUST REVIEW - 1 &

Annex II
2750 complaints with a prediction of 500 incidents
y MFFE:
16 SEPTEMBER 1994 47

Page 50
Election '94 Police Election Secretariat Statistics August 16, 6 a.m.
Intimidation Minor Ma Mischief Mi
Ranges
Colombo 88 24 6
Western (South) 125 47
Western (North) 115 28 O
Central 356 130
South (East) 59 : 28 O
South (West) 56 17 O
North-Western (East) 71 40 3
North-Western (West) 204 69 2
North-Central 362 94 6
Uva 283 68
Sabaragamuwa (North) 179 63
Sabaragamuwa - (South) 111 76 - - - Eastern 41 38 :
North 7 3
Total 2092 725 3
* Nagoda ** Eravur
48 LAW & SOCIETY

Annex III
Simple Serious Murder) hief Assault Violence
60 4 1.
58 3 O
廖 81 6 l
160 10 l
35 2 O
2 l sk
52 O
103 4. 3
119 8. 3
99 O O
98 3 O
79 3 O
34 3 1米米
4 O
1003 47 12 (2)
RUST REVIEW - 1 & 16 SEPTEMBER 1994

Page 51
C.J. COMMISSIONERS ASSES
The International Commission of Jurists (ICJ) ex Elections of Sri Lanka for the invitation extended parliamentary general elections.
The ICJ observers were its commissioners Justice of Pakistan, Emeritus Chairman of the Pakistan Chairman of the Pakistan Elections Commission Rapporteur on the Independence of the Judiciary a
They joined 42 international observers from 12 cc whether the elections had been free and fair. T "generally free and fair except for the elections ir being that Jaffna and Vanni, situated in the nor confrontation between the Sri Lanka security forces and, consequently, the government controls only 2 that in both districts people had been subjected to e who also presented candidates for the election.
Election throughout the 22 Electoral Districts of ti on 16 August 1994. The observers stated that "the free and unfair", but that "the genuineness of the sa express our concern over the impact of the outcome of the overall results of the General Elections". Th "otherwise the election had been conducted witl circumstances" and expressed their great admiration large numbers.
LAW & SOCIETY TRUST REVIEW - 1 & 1.

ELECTIONS IN SRI LANKA
presses its appreciation to the Commissioner of to it to send observers to the recently concluded
Dorab Patel, former judge of the Supreme Court Human Rights Commission and former Chief and Dato' Param Cumaraswamy, UN Special
hd President of Lawasia.
untries and their task was to assess and evaluate he ICJ Commissioners reported that they were
the districts of Jaffna and Vanni". The reason h of Sri Lanka, have been subjected to armed and the Liberation Tigers of Tamil Eelam (LTTE) )% of the land in Jaffna. The observers reported xtensive intimidation by an armed political group
he country including Jaffna and Vanni proceeded elections in those two districts were not only not me elections is questionable". They added, "We of the elections in those districts on the outcome e ICJ Commissioners nevertheless concluded that n the highest democratic standards in difficult 1 to the electorate of Sri Lanka who turned out in
SEPTEMBER 1994 49

Page 52
REPORT OF THE INTERNATI
(EXTRAC
CHAPTE INTRODUC
Background
1.
Under Section 24(1) of the Parliamentary El
the Tenth Parliamentary General Election of
was given on Monday, 11th July, 1994, b Chandrananda de Silva. The notification fol Excellency the President Mr. D.B. Wijetunga of the Constitution of Sri Lanka, the life of th
The Parliament consists of 225 members of
while the remaining 29 comprise the Nation:
is decided, following the polls, on the basis o Independent groups in proportion to the num
To elect the Tenth Parliament, 10,945,065 er franchise. The nominations commenced on The Election was held on Tuesday, 16th Au
To observe the Election, the Commissione Observers comprising 44 persons from
Commissioner, the proposal to invite the Opposition Parties in one of his consultative 1
of the election. The ruling party had endors
This was the fifth occasion on which internati in Sri Lanka. So far as Parliamentary Gener occasion, the previous occasion being the ni February 1989.
The first meeting of the Group was held on 1 of the poll. The observers unanimously elect Chairman.
Upon the arrival of the international observe presented them with their terms of reference security arrangements made for the condu problems faced in parts of the North-Eastern parts of the Vanni district on account of the I elections in any part of the country could n Lanka provided for Parliamentary General E thereof.
The details of meetings held with represent
50
LAW & soCIETY TRUs

ONAL OBSERVER GROUP
CTS)
R I >TION
ections Act, No. 1 of 1981, the notice to hold the Democratic Socialist Republic of Sri Lanka y the Commissioner of Elections, Mr. R.K. lowed the dissolution of the Parliament by his on 25th June, 1994. According to Article 62(2) e Parliament is 6 years unless dissolved earlier.
whom 196 represent the 22 Electoral Districts at List. The membership to the latter category f nominations by successful political parties and ber of votes they received.
rolled voters were called upon to exercise their 4th July, 1994 and closed on 11th July, 1994. gust, 1994.
r of Elections invited a team of International 12 different countries. According to the
international observers was mooted by the meetings with them following the announcement ed the proposal.
onal observers were invited to observe elections 'al Elections are concerned, this was the second nth Parliamentary General Election held on 5th
1th August, 1994 five days preceding the taking ed Mr. Douglas McCleland of Australia as their
rs in Colombo, the Commissioner of Elections and briefed the Group on the administrative and ct of the election. He explained the special Province, particularly in the Jaffna district and TTE activities there. He further explained that ot be withheld because the Constitution of Sri lection only for the entire country and not parts
atives of contesting political parties and NGO
T REVIEW - 1 & 16 SEPTEMBER 1994

Page 53
groups are set out in later sections of this R
The group also met the members of the Inte
The forty-four international observers were representatives of their government.
The Commissioner of Elections, to whom t that it is not always possible for forty-four
It is therefore pointed out that the observatio been agreed to on a consensus basis unles majority. A separate note by eight member
Mode of Operation
2. It was evident to the Group that their presen the bona fides of the election authorities to u the other hand to re-assure the contesting pa might be deterred by the presence of such a C would be objectively reported. Some of the to judge whether the election was free and f: many polling stations as possible but must als order situation in order to assess whether the a bearing on the conduct of a free and fair e drawn to the security situation in Jaffna.
In order to execute its terms of reference, discharge its tasks:
(a) Examination of documentary mater setting out the constitutional and leg
(b) Receiving information from the C regarding the administrative and seca
(c) Examining information furnished by
(d) Meeting leaders and representatives ( of citizens to gather from them their
the Elections; and
(e) Field observations by visits to pollir
country on the polling day.
The Group was committed to cover as many of the country, recognising however the co
would make an all-comprehensive coverage
The Group divided itself into 22 sub-groups f
LAW & SOCIETY TRUST REVIEW - 1 & 16

port.
national and local media in Sri Lanka.
invited to Sri Lanka as individuals and not as
is Report is presented, will readily understand eople to see things from the same perspective.
s and recommendations made in this report have s it is specifically stated that it is by way of
is appended to this report.
e was intended on the one hand to demonstrate phold the rules of free and fair elections and on ties and the Independent groups that deviations Group and in any event that deviations witnessed contesting parties had emphasized that in order ir not only must the observers seek to cover as o apprise themselves of the political and law and overall situation and security arrangements had lection. In this context particular attention was
the Group adopted the following approach to
ials provided by the Elections Commissioner
al framework for the Election:
bmmissioner of Elections and other officials urity arrangements for the Election;
some of the NGOs:
f contesting political parties and a cross-section apprehensions and concerns, if any, regarding
g stations and counting centres throughout the
Iolling stations as possible in all the 22 districts straints of time and limited resources which mpossible.
r the purpose of undertaking field visits in each
SEPTEMBER 1994 51

Page 54
of the 22 districts. All the districts vere visi Gampaha where three observers each were one observer each was posted. The observ 9,579 in the country.
After arriving in the districts two days befo the time available in holding discussions with security officials, representatives of politica members also had an opportunity to speak to stations as well as to Returning Officers and and during the counting process.
On election day (16th August, 1994) each su of their choice as possible to find out throu staff, polling agents and voters whether the fairly and in accordance with the law. As attention to the need to focus on the followin size of turn-out, adequacy of administrative secrecy of the ballot and against impersonal compliance with legal procedures both durir
After spending about threę days in the distr 17th August, 1994. Each sub-group drew u impressions with other sub-groups.
Based on the observations and discussions Report on 19th August, 1994 to the Commi
Scope and Limitations
3. The terms of reference while dealing with ultimately aimed at arriving at a broad ass General Election on 16th August, 1994 coul conducted in accordance with the electoral la conscious of the inherently difficult nature arrived in Sri Lanka only four to five days
Notwithstanding obvious constraints the Gro based in part on direct observations of its m from and discussions held with the leaders : a cross-section of Sri Lankan citizens.
CHAPT BREFNGS AN
Prior to the polling the International Observer Grol and groups.
52 LAV & SOCIETY TRU,

ted by two observers each, except Colombo and posted and Moneragala and Digamadulla where ers visited over 800 polling stations out of the
e the poll (14th August), the members utilised Returning Officers, the local administration and l parties and a cross-section of citizens. The Senior and Junior Presiding Officers in polling Assistant Returning Officers both before the poll
b-group visited as many of the polling stationsgh observation and questioning of the election y felt that elections were being held freely and et of guidelines formulated by the Group drew g matters while observing the electoral process: and security arrangements, safeguards for the |tion, freedom from pressures and intimidation, g polling and counting.
icts the sub-groups reassembled in Colombo on p its field report and exchanged information and
amongst its members the Group presented its ssioner of Elections.
different aspects of the electoral process were essment as to whether the Tenth Parliamentary d be regarded on the whole as free and fair and ws and procedures of Sri Lanka. The Group was of the task for a group of 44 persons who had before the election day.
up felt that it could present certain broad findings
mbers and on an assessment of reports received and representatives of the contesting parties and
ER II D MEETINGS
Ip (IOG) was able to meet a number of persons
ST REVIEW - 1 & 16 SEPTEMBER 1994

Page 55
The IOG was received by:
1. H.E. Mr. D.B. Wijetunga
President of Sri Lanka 2. The Hon. Ranill Wickremasinghe
Prime Minister of Sri Lanka 3. The Hon. Mrs. Sirimavo R.D. B
Former Leader of the Opposition
The IOG also received a briefing from the follow
1. Mr. R. K. Chandrananda de Silva 2. Mr. T.P.F. de Silva, Inspector G
Representatives of the following political parties/
The Eelam People’s Revolutionar The United National Party (UNP The Tamil United Liberation Fro A group of non governmental o Ethnic Studies (ICES) 5. Sri Lanka Muslim Congress (SLM
The IOG was received by H.E. the President of
The President extended a warm welcome to the Gr of observing the poll and assured the members tha He said that the Eastern Province had been cle. expected polling to be normal. In the Northern I accordance with the law, elections would be held
After the final results were declared he would be member who, in his opinion, commanded the conf the new government.
On behalf of the IOG, the Chairman of the Group all political parties and the people of Sri Lanka for for their hospitality and assured the Presiden Commissioner an impartial report.
The Hon. Prime Minister, Mr. Ranill Wickrer International Observer Group during the Genera widespread violence during the pre-election time
In reply to queries he made the following points:
(i) All the ministers would continue
Cabinet Ministers did so. Howe facilities used for political purpos
LAW & SOCIETY TRUST REVIEW - 1 &

ndaranaike
ing:
Commissioner of Elections eneral of Police
prganisations had meetings with the IOG:
y Liberation Front (EPRLF)
nt (TULF) rganisations through the International Centre for
MC)
Sri Lanka at the President's House.
oup and wished its members good luck in their task t they were free to function in any manner desired. ared of insurgency to the extent of 90% and he rovince conditions were still unsettled though, in in the manner possible.
free, in terms of the constitution, to call upon any idence amongst the Members of Parliament to form
thanked the President for his words of welcome; the honour done to members by inviting them and t that the IOG would submit to the Election
hasinghe (UNP) welcomed the presence of the | Election. He expressed his concern about the und especially on Nomination Day.
n office until the end of the election. Earlier only er, they would have to pay for any government S.
6 SEPTEMBER 1994 53

Page 56
(ii) Concerning the situation in the No in the Vanni area. But the situati controlled by the Government. Ar. of Elections to hold elections there
(iii) On the future of the Presidential
simply be abolished by Parliament the constitution or to hold a refere
(iv) He was expecting a high voter tur
The Group met Mrs. Sirimavo Bandaranaike at accompanied by Mrs. Srimani Athulathmudali, SLFP), Professor G.L. Peiris (Political Adviser) a and other representatives of the People's Alliance.
Mrs. Bandaranaike and Mr. Senanayake expressed in malpractices in order to stay in power. They al the period until the close of nominations, including killings were politically motivated.
Professor G.L. Peiris then elaborated on the main the people to vote.
He was worried that the Government would impos from the polling booths to the counting centres. H would be subject to interference. The People's All boxes had been delivered to the Counting Centres.
The Professor spoke about the role of the Police a man charged with attempted murder, was set free He alleged that a number of police promotions in
The allegation was made that the Returning Office ruling party.
Concern was expressed regarding Government cot Press.
The assurance was given that, if elected, a Peopl maximum of 20 Cabinet Ministers and 20 other M
In reply to a query he said that it was important th courts had so ruled. He recognised that the situ needed to be handled with care. He believed th Elections were in agreement on this.
The Commissioner of Elections Mr. Chandranand by the Co-ordinator Mr. Camillus Fernando.
54 LAW & SOCIETY TR

th, he saw no problems of holding the elections In was difficult in Jaffna, which was not totally angements have been made by the Commissioner
system he mentioned that the presidency cannot For that reason it would be necessary to amend ldum.
out between 75 - 80%.
er home at Rosmead Place, Colombo. She was
Wr. Dharmasiri Senanayake (General Secretary. nd Mr. Rauf Hakeem (General Secretary SLMC)
concern that the Government Party would engage st referred to the violence which had occurred in the murder of 15 people. They believed that the
points to the Group. He expected 75 to 80% of
ea curfew before the ballot boxes were conveyed e implied that during this period, the ballot boxes iance was in favour of a curfew after all the ballot
nd the Army and referred to one incident when a by Police as a result of intervention by the UNP. recent weeks were politically motivated.
rs in certain sensitive areas were very close to the
trol of the state electronic media and Lake House
's Alliance Government would be restricted to a linisters who would occupy junior posts.
at the election process should be completed. The
ation in Jaffna raised some delicate points which : main political parties and the Commissioner of
de Silva briefed the group. He was accompanied
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Page 57
The Commissioner said that the observers had bee by all the political parties. The Group was invite emphasised that they were completely independent went over the terms of reference.
Regarding the poll in Jaffna he indicated that he hac The courts had rejected petitions that it should not under stipulated circumstances that occurred durin challenge lay once more with the courts.
The Inspector-General of Police, Mr. T.P.F. de S the DIG (Elections), Mr. I. Canagaratnam and th
The Manual of Instructions for the Police was dis explained that it was the result of a constant effortt on it.
The role of the police was to provide its services t of his responsibility to ensure a free and fair elect provide an atmosphere of security and maintain
organised during the campaign and poll periods fo
In reply to queries he made the following points:
(i) The Security for the elections in Jaffna wou
would be providing necessary support.
(ii) He acknowledged that the Police were aw persons camps in Puttalam. These were b
(iii) He saw no threat from violence to the con
(iv) The imposition of curfew was at the discre the polling day it would have no effect ol organised post-poll violence though he did
(v) Regarding the allegations of partiality he p It should be noted that the allegations from
(vi) The constitutional changes of 1978 by
President and the administration had reduce in previous elections. This, in his opinion
The following representatives of the Eelam People the Group:
Mr. L. Ketheeswaran Mr. Chintan de Silva Mr. A. Wilson
LAW & SOCIETY TRUST REVIEW - 1 & 1.

n invited by him following an agreement to do so to observe and not to monitor the election. He and free to make their own observations. He then
a constitutional responsibility to conduct the poll. )e held. Under the law he could only annul a poll g that poll. Once the results were announced the
ilva briefed the Group. He was accompanied by e Director (Elections). Mr. G. Nicholas.
tributed to the members of the group. The IGP O assimilate experience from the past and improve
o the Commissioner of Elections in the discharge ion. The police has a responsibility to society to law and order. Suitable deployments had been r this purpose. .
ld be supervised, by the Police. The armed forces
are of the allegations of threats in the displaced eing investigated by the camp administration.
duct of the poll.
'tion of the President. If imposed on the night of h the poll or the counting. He did not envisage
not rule out sporadic incidents.
ointed out that these were not necessarily correct.
both sides were about equal.
providing for some continuing authority in the d the uncertainty due to the total change occurring
, would act as a brake on violence.
's Revolutionary Liberation Front (EPRLF) met
i SEPTEMBER 1994 . . 55

Page 58
After giving the background and history of the p
(i) No more that 20,000 out of the 600,000 is likely to intimidate many of those as it
(ii) Basic facilities for campaigning were
impartial.
(iii) More than 50% of the electorate in Vanir
(iv) PLOT and TELO are using intimidation
The United National Party (UNP) were represen
(i) Dr. Gamini Wijesekera, General
(ii) Mr. Daham Wimaliasena, Campa
They said the UNP recognised this was a crucial and fair. All political parties were co-operating reached a consensus on arrangements at their joi
They made the further additional points:
(i) There had been an eruption of violence
continued during the campaign. They fe were trying to create a fear psychosis. T they found disturbing.
(ii) They acknowledged that polling in Jaffn This was not ideal. However as the col of the election was constitutional.
The Tamil United Liberation Front (TULF) r campaign in the districts they could not meet the met the group:
Mr. R. Balasubramaniam Mr. N. Sinnathamby Ms. R. Muttettuwegama
The points they made were:
(i) Of the 600,000 registered voters in the J the security forces. This small number v held that free and fair elections could no
(ii) The polls register has not been revised
(iii) Arrangements have been made for displ
56 LAW & SOCIETY T

rty they made the following points:
electors of Jaffna will be able to vote. The EPDP had been heavily armed by government authorities.
ot being provided. The Police are not always.
i would not be able to participate.
and other malpractices in the Vanni district.
ed by:
Secretary
ign Manager
lection. They were convinced that it would be free
with the Commissioner of Elections and they had nt meetings.
on nomination day directed at the UNP. This has 'ared intimidation on polling day. Their opponents here was evidence of a resurgence of the JVP which
a would only involve a fraction of the population. frts had overruled the objection raised, the holding
egretted that as its members were busy with the OG. The following who were their attorneys at law
ffna district only 1% live in the areas controlled by ill be able to elect 10 members to Parliament. They t be held.
ince 1986.
Iced persons to cast their vote.
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Page 59
(iv) The EPDP is a militant group which is a Independent list to contest elections in J. preventing them from campaigning.
The group of non governmental organisations orgal (ICES) consisted of the following:
Ms. Suriya Wickremasinghe - Civ Mr. Charles Abeysekera - INFOR Ms. Radhika Coomaraswamy - IC Ms. Sakuntala Rajasingham - Civi Ms. Deepika Udagama - Centre fo
IOG was informed that numerous local and some were watching the elections. There were some umt and Fair Elections (MFFE), the People's Alliance f They were all apprehensive of irregularities.
They recalled that widespread violations of the la also during the 1989 Parliamentary General Electi
In this year's campaign, sp far 14 deaths has rest organisations were recording numerous infringem the election code in many areas. The focus of the pertaining to the election in Jaffna. Their main c.
(i) No fair and free election was possible in t
voting population can vote in the 'cleared by law. Political parties have not been ab campaign is possible. Movement of electi freely or normally.
(ii) Displaced persons from the North and Eas
franchise.
(iii) Presence of certain groups especially the
concern to other parties.
(iv) The electors list of Jaffna is based on the who have become eligible to vote since th
(v) Out of 550 polling stations in the Norther
only about 50 booths.
(vi) Ten MPs would be returned by less than the balance in the event of a close result.
(vii) In their view the constitutional dilemma c Supreme Court while the elections should
LAW & SOCIETY TRUST REVIEW - 1 & 1

assisting the security forces. They have filed an affna. Other parties complain that the EPDP is
nised by the International Centre for Ethnic Studies
il Rights Movement M and Movement for Free and Fair Elections ES
l Rights Movement r Study of Human Rights, University of Colombo
foreign NGOs and Human Rights Organisations brella organisations such as the Movement for Free or Free and Fair Elections (PAFFREL) and others.
w had occurred during the 1982 Referendum. So lon.
ulted from election related violence. Their allied ints, irregularities and violations of the law and of ir concern was particularly on the situation in and
OCS -
he Jaffna electoral district. Only about 1% of the areas. No nominations could be filed as required
le to operate normally in the district. No normal on officials and election material cannot take place
t will largely be hampered in free exercise of their
EPDP and their armed cadres in camps are of
1986 register thus denying the franchise to those
e.
n and Eastern Region, polling would take place in
1% of the electorate in the district and could hold
ould only be decided by a special reference to the
be postponed.
6 SEPTEMBER 1994 57

Page 60
(viii) Batticaloa is still not quite normal. In An
Force.
They would try to meet with the IOG after the el
At its meeting with the IOG the Sri Lanka Congr
(i) Mr. Rauf Hakeem - General Secr (ii) Mr. M.M. Zubair - National Org
Mr. Hakeem said that the SLMC had become th Party would be contesting the Elections in the No as a constituent of the People's Alliance in the re
The party's major apprehensions were intimidatio) party and police partiality towards the UNP.
He made mention of the following specific points
(i) Since it had not been possible to revise th voting would be based on the 1986 Regi those above 26 years of age, thus excludi
(ii) The Eelam People’s Democratic Party (E the North, especially in the displaced pers voters, particularly supporters of the SLM militia. In many cases polls cards had be in Puttalam.
(iii) On account of the ground situation in the viz.: approximately 5% of the electorate C who, in a close result, could affect the ba
(iv) SLMC President Ashraff's letter to Prabh: He would send an official translation (no
CHAP COMIMENTS ON TH
The fairness of an election cannot be assessed o clearer conclusions it is essential to consider the Observer Group were asked by the Commissioner Group had its first meeting on the afternoon of 1 Group by the Commissioner covered the pre-poll issues:
1. Any complaints on the provision 2. Media
58 LAW & SOCIETY TIR

parai the Tamils are hampered by the Special Task
2ction.
ess (SLMC) was represented by:
etary aniser
e third largest political force in the country. The thern and Eastern Province in its own identity and st of the country.
n, violence and coercion by supporters of the ruling
and allegations in relation to the poll in the North:
he Electoral Register in the Jaffna district in 1993, ster. Consequently, voting would extend only to ng many who would otherwise be eligible to vote.
PDP) - an ally of the UNP - was freely roaming in ons camps in Puttalam, terrorising and intimidating (C and the EPRLF. He termed the EPDP a private een deliberately withheld from voters in the camps
North, a poll of only about 28,000 was expected. f over half a million. They would return ten MPs alance in the new Parliament.
akaran had been distorted in the English translation. t received).
TER E PRE-ROLL PERIOD
In the observations made on polling day alone: for pre-poll conditions. Members of the International of Elections to be in Colombo by 10th August; the 1th August. The Terms of Reference given to the period, and addressed among others the following
of equitable facilities to contestants
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Page 61
3. Integrity of peripheral staff
Freedom from harassment
5. Enforcement of Sec. 74 of Parlia relating to display of handbills, p
4.
In view of the timing of its arrival, the group col regarding these issues. However, complaints mad largely to the pre-poll period and very little to th itself. Although it was not possible for Observers has requested our comments. As with our other ol those districts which include disturbed areas.
1. Equitable facilities
We received some complaints regarding access to There were widespread complaints regarding the a Members of Provincial Councils. These related c the campaigns of UNP candidates. The number 9 re-election was substantial, as 91 of the 125 UNP
2. Media
One of the few direct pre-poll observations whic which the government-owned newspaper group e features as well as its editorial opinion. The parti the state television and radio stations; we were not other programmes during the campaign.
3. Integrity of Peripheral Staff
We received almost no complaints regarding the n pre-poll duties. There were many allegations, wh under the influence of politicians, principally by UNP supporters. We received a few allegations to influence voters.
4. Freedom from Harassment
Election-related violence was the major concerne districts. Each of the two main parties accused t confirmed that the supporters of each had been election campaign on behalf of any party, while a tended to attribute a greater proportion of the vic Police of 2,119 'election related incidents from 1 includes 18 cases of murder or attempted murder, . or "abuse and threat'. The Police analysis shows th main parties to be almost equal from 11th July to complaints against the PA from 8th to 14th Augu Police investigation into these incidents.
LAW & SOCIETY TRUST REVIEW - 1 &

mentary Elections Act, No. 1 of 1981 (Provisions
SterS etc.)
ild obviously only make a few direct observations to Observers when they visited the districts related e polling arrangements and events on polling day to investigate and verify these, the Commissioner Iservations, we make separate comments regarding
facilities within the control of Provincial Councils. lleged use of state facilities by Ministers, MPs and hiefly to the alleged use of government vehicles in f UNP candidates who were ministers standing for
MPs held ministerial office.
h the Group was able to make was the extent to xclusively favoured the UNP in its reporting and es received equal time for their own broadcasts on able to assess the bias that has been alleged in their
hanner in which election staff had carried out their ich we are unable to assess, that police had acted failing to take adequate action against violence by that village headmen (grama niladhari) attempted
xpressed to us before and during our visits to the he other of responsibility for this, and the police involved. People who were not involved in the lso citing incidents of violence by PA supporters, lence to UNP supporters. The recording by the th July to 7th August made available to the Group 80 cases of assault and 913 cases of threat to kill e number of incidents attributed to each of the two
7th August, with a somewhat greater number of St. No analysis is available to us of the result of
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Page 62
5. Enforcement of Section 74: posters etc.
The law regarding the display of posters. flags e by all parties, Although it opens the door to sel this.
OHAP
OBSERV
Sri Lanka has 22 electoral districts. In Jaffna thi remaining 20 districts included 92.5% of the total woted.
This is a tribute to the voters of Sri Lanka becau recent Sri Lankan history, i.e. in 1977 and 1970
The Group's 44 Observers visited over 800 polli We can testify only to what we saw directly at the Wisits.
While in all areas except those noted above, administered that the election itself should be Cor the election took place necessarily qualifies that
The President of Sri Lanka, in his welcome to escalation of violence in this pre-election campaig leaders. The Inspector-General of Police reporte been recorded in the election information books of violence and disturbances as reported did not majority of Observers,
Some Observers received reports of or witnessed. persons, impersonation of voters at the polls, th election day. However, it was the opinion of the affect the overall results of the elections.
As in previous elections, the Observers were coi position of advantage because of its control of e
Previous Obserwer Groups hawe commented on th We repeat their recommendation that the Law sh
We note that the facilities in some polling divisio in some cases for Presiding Officers to see how a the facilities within a polling station up to a nin
The Observers noted the number of spoiled ballot that he considers measures to reduce their numb|
É5 () LA WW & SOCIETY T

(c. was, as in previous elections, widely infringed active enforcement, we received few complaints of
TER TW WATONS
e wote was 2.323.- lIl WAII Ili it was 25.343 , The number of registered voters, of whom 81% actually
ise this percentage has only been exceeded twice in
ng stations on polling day out of the total of 9,579. se polling stations, during the limited period of our
Election procedures were so Well designed and Isidered free and fair, the political context in which conclusiOI).
the Observers, remarked that her had been an n, These remarks were supported by other political d to the Observers a large number of incidents had kept throughout Sri Lanka. However the incidents deter Sri Lankans from voting. in the opinion of a
the misuse of government vehicles by unauthorised reats and interference during the campaign and on : majority of Observers that these violations did not
1strained to note that the government is placed in a ectronic media and the Lake House Press.
e difficulty of enforcing the election law on posters. լould be reviewed.
ns were less adequate and as a result it was possible ballot was marked. Efforts should be made to bring imu III1 standard.
scast and suggest to the Conmissioner of Elections
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Page 63
Finally the Observers commend on the exceller trained, procedures clear, and the necessary docu in this respect could be a model for many other (
The majority of Observers have the opinion thi qualifications they make concerning Jaffna and V
VANN AND JAFFNA DISTRICTS Refugees and Displaced Persons
It was observed that there is a serious problem displaced persons. This was evident by the gr persons, the low number who are registered and votes. The reasons given for this were various:
(a) They lived so far away from whe
(b) They had lost all interest in votin
(c) There was intimidation by armed
(d) Because of the long distances transportation was to be made av, was adequate.
(e) Because of the frequent moves w Electoral Registration, the registr
(f) They are completely unaware of
information in a language they ca
There are but a few of the reasons given and to wh Every group or party who briefed us did stress thi general concern.
There are two major groups, the first being those who had been there long enough to be registered did cast their vote. One instance is of a camp w from the polling station, in which all 115 who we large number are now in a camp 25 miles from t only 5 cast a vote. The problem seemed to be th sadly out-of-date and the large majority are now many years ago, to be able to vote.
The second group are those scattered all over the to find a place where they can live and can make date as to be practically useless.
A problem common to both groups is informing get their registration up-dated and then find out
LAW & SOCIETY TRUST REVIEW - 1 &

t preparations for the Election. Staff were well ments in place and on time. Sri Lanka's example ountries.
t the Elections were free and fair subject to the anni.
concerning the casting of votes by refugees and eat difference between the large number of such the extremely low number who actually cast their
re they were registered some years ago.
groups.
between camps and polling stations, public ailable. It was not known if this was done or if it
hich they have been forced to make since the last ation lists have lost all reality.
how to become properly registered due to lack of in read such as Tamil.
at extent they are valid is impossible to determine. s problem and it was obvious that it is one of great
in organized refugee camps. It appeared that those some time ago and were near their polling station, hich has been there four years and was 100 yards re registered there did vote. In another instance a he polling station where they were registered, and at the registration of these persons in the camps is too far removed from where they were registered
island, some being constantly on the move trying a living. Here again registration is so far out-of
hem as to how they can get proper identification. where to vote. Information has to be provided to
"6 SEPTEMBER 1994 6.

Page 64
them in a language they can understand such as T segment who are now eligible to vote but who wer
Vanni District
The election held in the 'cleared' areas were free were overwhelmingly influenced by the insecurity North. While the administration of polling activity stations was of a very high standard, these areas, less than 40% of the registered voters the possibilit one must conclude that the results cannot be viewel as a whole.
The total number of polling stations in the District Vavuniya and Mullativu. Of this total the security stations to be opened:
Mannar 21 Vavuniya : 44 Mullaitivu : 4
In total, therefore, only 70 of 169 polling stations
Therefore in the Vanni District 6ut of 90,456 regis stations (34%) and 66% of the registered voters w
Security Influences on the Poll
The first defence line runs SW-NE approximately constantly moving, permitting territory to be desig GA of the District, who is a co-operative and effi highlighting the location of polling stations with (cleared) or a square (uncleared) zone.
Despite the efforts of the GA and his elections sta situation, a significant level of confusion remaine
We conclude by recording admiration for the mal this election without a major complaint being bro Many of them had to spend the previous night generally insecure areas. The District Administra ensure as fair a poll as possible under the circumst lies in the fact that insufficient areas and voters w administration for the over-all District results to voters, 23.8% reflects the atmosphere of insecurit
Jaffna District
The election in the Jaffna district was overshadow to the conclusion that the election in this district v
62 LAW & SOCIETY TR

amil. Also common to both groups is the large too young at the last registration some years ago.
and fair. However, the Parliamentary Elections created by the insurgency/military situation in the in the areas where it was possible to open polling regrettably, were so limited as to permit slightly y of exercising their ballot. In these circumstances d as reflecting the will of the people of the District
was 169, divided among three Divisions, Mannar, situation only permitted the following numbers of
of 54 stations (39%) of 65 stations (68%) of 50 stations (8%)
(42%) were active.
stered voters only 71,397 were registered in active vere unable to vote.
f four miles north of Vavuniya and appears to be nated 'cleared' and uncleared and vice versa. The cient person, had prepared maps of the Division, a number. Each number was placed in a circle
ff to address the problems created by the security
in the areas on the defence line.
ly courageous election officials who administered ught to our attention of dereliction on their part. in polling stations on the defence line or other tors deserve equally high praise for their efforts to ances. The tragedy of the Vanni District elections ere able to benefit from his impartial and efficient be considered free and fair. The total turn-out of y which prevails in the District.
ed by serious problems that lead the observer team was neither free nor fair for the following reasons:
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The main problem was that a large proportion oft to vote. This situation was demonstrated by the nu or polled a tiny proportion of the registered electo where no polling was planned or took place. This an extremely large portion of the voters mostly th the LTTE.
Much of the voting in the district took place unde: group that also presented candidates for election u used its weapons to intimidate both the voters and staff. There was also a reported incident at the EPDP attempted to enter the counting station arme later attempted, unsuccessfully, to enter a second
The control of the islands in other parts of the d political parties from campaigning. This was a co that were contesting the Election.
There were serious voting irregularities on the isl: the EPDP had registered as a party agent for the other party agent apart from EPDP was present w
The most serious irregularities took place at the p The polling station was set a long way away from polling stations had not been clustered. The irre One voter voted whilst the Observer was presen Observer to the Presiding Officer, that a person b the Presiding Officer responded "yes, but he has r observed voting before at that polling station. Vo one. Underage voting also took place.
It was admitted to the Observer, that the EPDP ha who had already voted by an elector whom the brought to the attention of the Presiding Office Presiding Officer was originally from a local vill were brought about by fear of reprisals by memb Returning Officer for the district.
There was a constant threat from the LTTE althoug the Election.
All the factors listed gave the impression tha representative. It was also considered that the nu 5% of the total number of seats in Parliament, w 2% of registered voters in the district actually ca
It was noted that a helicopter and also the amb government vehicles was strictly forbidden for Jayalath Jayawardena the Assistant Secretary of t day of the election.
LAW & SOCIETY TRUST REVIEW - 1 &

Le electorate are displaced persons and thus unable mber of polling stations that either polled no votes rate as well as large areas elsewhere in the district problem also affected the islands where there was elders who could not vote due to the threat from
the total control of the EPDP, an armed political nder the guise of Independent Group 2, and which on at least one occasion on the islands, the polling Kayts counting station, at which a member of the d with an automatic rifle. He was turned away but time armed with two hand grenades.
istrict by the EPDP effectively stopped any other mplaint that was expressed by all the other parties
and of Delft. At one polling station a supporter of EPRLF, presumably so that the complaint that no fould not be made.
Iolling station at Subramaniya Vidyalaya on Delft. the nearest village. It was only on this island that gularities included voters voting more than once. it. When it was pointed out by the International eing allowed to vote already had his finger marked lot voted here before", although the voter had been ters who had at other polling stations voted at this
d supplied photocopied voting certificates to voters
Observer questioned. All these problems were r who failed to act. It should be noted that the age, and the impression given was that his actions ers of the EPDP. The matter was reported to the
gh no election connected incidents took place during
it the Elections in the Jaffna district were not mber of seats, 10 awarded, on these results, almost as totally disproportionate since only slightly over st their vote.
ulance at Kayts army camp (although the use of clection campaigning purposes), was used by Dr. he UNP to visit some of the polling stations on the
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Page 66
It must be stressed that the role played by the P impartial. The Observers would also like to high manner in which they carried out their duties.
TRINCOMALEE, BATTICALOA AND D Trincomalee
Despite the great unrest and refugee/displaced extremely well organised and administered. Acc or contravention of regulations. All those involv their tasks competently and efficiently. The arm Everyone encountered at the polling stations (the happy and had no complaints. There were no vi actual voting and the closing of the polls.
Thus we are confident that in the Trincomalee di believe the people wanted it that way and were m
Digamadulla
Digamadulla has been an area of unrest with clash and Muslims and withthe LTTE activities.
In the areas meetings the Observer had with the lo the Police and the two contesting political parties compared to other parts of the country.
The Election was well organised with no com Observers visited 15 polling stations (out of a tota complaints by the polling staff or by the polling a there were no major incidents reported on pollin Election in the district was free and fair and refle
Batticaloa
Until recently Batticaloa was predominantly a dis by authoritative sources that 20% to 25% of the
Two indicators of this were evident with regard t
(a) A number of Polling Stations had convenient access to stations by v ܫ
(b) At least 18 ballot boxes had to counting centre due to threats of
In addition the Army remains prominently present
Observers were able to visit 53 polling stations polling in an orderly manner.
LAW & SOCIETY TR

olice, Army and Navy was most professional and y commend the polling staff for the highly efficient
GAMADULLA DISTRICTS
ersons problem in this district, the Election was ording to the police reports there was no violence ed in the process were well trained and carried out 1 guards and police were courteous and respectful. Dbservers visited 29 during the actual polling) were olations of regulations in starting the election, the
strict this was a free, fair and equal election. We lost happy to achieve it.
as between the three communities Sinhalese, Tamils
cal authorities, the Army, the Special Task Force, emphasised the low level of pre-election violence
plaints regarding the technical procedure. The l of 312) during the actual polling and received no gents. In contrast to the incidents the day before, g day. Thus it can be confidently stated that the cts the will of the people.
turbed area. Even in August 1994, it is estimated district is still categorised as “uncleared”.
o polling:
to be "clustered' in order to provide protected and OterS.
be air lifted from polling stations to the central interference by armed groups.
hroughout the district with numerous check-points.
Out of 250 stations. All arrangements facilitated
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People voted with enthusiasm and determination in disturbed area that nevertheless registered a turn O
CHAPT CONCLUSIONS AND R
In view of the observations relating to the electio following conclusions and recommendations are m
1.
It would appear that a part of the prol Registration Lists brought up to date. This and road system to the outlying areas. difficult with the lack of news media (Ne would however, solve many problems if th and displaced persons who have been forc.
It is recommended that in preparation for f that will be held soon, the Commissioner soon as possible, bring the register of eligil Electoral Register of 1987, serves to iden enfranchise voters who have become elig displaced because of security conditions in
In order to get the knowledge to the elector to vote, somehow it will have to be given displaced persons, namely Tamil. It is I practically doubles the cost but sometime through public notices in schools, and oth
In view of the role of the EPDP in the election, the group of Observers strongl organisations should not also serve as arm security in areas such as on the Islands o displaced persons. Such political organisat to infringe - or appear to infringe – upon tl in those areas. Only the police force sho
When Elections are held in the Jaffna and “uncleared” areas still in force, the designa every effort made to inform the affected vo as far as possible.
While the “clustering of polling stations not have served its intended purpose. R: opportunity to vote by this device, the Co effected areas as beyond his administrativ
Where polling stations are located in clea have not yet been resumed, it will be n registered at these stations that they can
LAW & SOCIETY TRUST REVIEW - I &

iving Batticaloa the distinction of being a partially ut as high as 72%.
ER V ECOMMENDATIONS
in Trincomalee, Vanni and Jaffna Districts the ade:
lem could be solved by having the Electoral is an enormous task due to lack of communication ust getting the word out to the people is most wspapers, Radio, TV) in the remote villages. It is could be done, especially for the refugee camps 2d to settle themselves in new homes.
uture elections, notably the Presidential Elections of Elections should, in so far as possible and as ble voters up to date in those districts in which the tify eligible voters. This is essential in order to ible since 1987, including those who have been
recent years.
ate of how to register, get proper identity and how in the language native to most of the refugees and 'ealized that doing such things in two languages :s, it can be done, at least in a partial manner, er meeting places.
Jaffna electoral district prior to and during the y urges the Government to ensure that political ed units authorised by the Government to provide f the Jaffna electoral district and in the camps of ions should be disarmed and should not be allowed he rights of other legitimate political organisations ld provide security during the Elections.
Vanni districts, with conditions of 'cleared' and tion of polling stations should be made early and ters with last minute re-designation being avoided
or security is appreciated, it appears, in practice, ther than giving the impression of providing an mmissioner of Elections may wish to consider the
control.
red areas to which normal transportation services cessary to give attention to ensuring the voters travel there without hardship for the purpose of
6 SEPTEMBER 1994 65

Page 68
casting their ballot.
7. It is recommended that the Commissioner indefatigably to ensure well-administered The Group of International Observers hav Sri Lanka and the devotion to high standa
The International Observers Group wishes to make the Elections as a whole.
Secrecy of the vote
There was a feeling that the writing of voter reg books which themselves have a serial number whi a fear on behalf of some of the electorate that the this practice might be considered.
Privacy of vote
It was observed that in many polling stations the polling screens that he was able to witness the w Junior Presiding Officers cQuld also witness the w; be taken to ensure the total secrecy of the vote.
Extra ballot boxes
The practice of allowing more than the necessary b to the suspicion in the minds of some that the extr; ballot boxes are used to store extra stationery. considered.
Lead up to the vote Posters
The law relating to the display of posters is reg expenses, and the wealthier candidates are able to
The law relating to poster displays should be rev some form of financial limits being imposed on c
(One suggestion to reduce the number of posters t responsible for the posters being displayed, and posters in a fixed period).
Misuse of State property
There were several observations relating to the Ministers during the campaign. This obvious recommended that government vehicles and prop election period. It might be appropriate to make t property and vehicles are not used by Governme
66 LAW & SOCIETY Ti

of Elections and all election officials who worked elections be highly commended for their efforts. : noted the high quality of the electoral process in 'ds.
he following further recommendations concerning
stration numbers on the counterfoil of the ballot ch is duplicated on the ballot paper, might lead to intention of voters could be detected. A review of
senior Presiding Officer was sitting so close to the ay in which electors were voting. In some cases ly votes were being cast. More precautions should
allot boxes to be sent to polling stations might lead a ballot box might be misused. Currently the extra This might be an area which could usefully be
larly flouted. There are no limits on candidate's
print and display more posters.
ewed, but this should be done in conjunction with andidates.
eing displayed was to make the candidates or party making them responsible for the removal of these
use of state property or vehicles by Government y favours candidates of the ruling party. It is rty are not used to promote candidates during the e situation transparent by ensuring that government it Ministers at all during the campaign.
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Page 69
Media
Consideration should be given to the non-feasibilit influence in order to limit partiality of state-owne
Firecrackers
It was noted that tension had increased during the p few days. In this atmosphere it was felt that col during the campaign. This confusion might easily tension of the election in the minds of the elect enforcement of the law relating to the use of firecr election period be reviewed.
Counting Centres
The International Observer-Group was impressed utilised at the counting centres. Observers noted t They particularly noted the heat, and the length of conditions. The Commissioner of Elections had p his report on the 1989 General Election. We r conditions and facilities in which the counting stal
Rejected Votes
A large number of votes were rejected due to incol of high rejection be examined and reviewed with ,
Select Committee Review
It was felt that an All Party Select Committee of F recommendations of the International Observer C
Committee be asked to consider the drawing up ( election period.
19th August 1994
LAW & SOCIETY TRUST REVIEW - 1 &

y of separating editorial control from government
media during any election campaign.
eriod of the campaign, particularly during the last fusion might result from the use of firecrackers lead to fear, panic and injury which intensifies the orate. It is recommended that the law and the ackers or any other explosive materials during the
with the dedication of the counting centre staff he conditions in which many of them had to work. time that staff had to work in these uncomfortable reviously noted the lengthy counting procedure in commend attention being paid to improving the if and officials have to work.
rrect markings. It is recommended that the causes a view to reduce rejection.
Parliament might be established to consider all the iroup. It was also agreed that the Parliamentary of a code of conduct for all candidates during the
DOUGLAS McCLELAND
Chairman
6 SEPTEMBER 1994 6

Page 70
SEPARA
We the undersigned, members of the Internationa main report.
We share with our other colleagues an extremel election staff for the conduct of the poll.
Like them, we are filled with admiration for the m in such large numbers in most districts.
However, we regard the main report as inadequa
An election comprises many elements, some visi pre-poll period, and others subtle but patent in the polling day as the culmination of a process with
The Commissioner of Elections in his invitation t not ask us to pronounce upon whether the electic offer or withhold a stamp of approval. The
furtherance of the principle of free and fair electi out comments not only on the conduct of the po equitable facilities to contestants, the role of t opportunities to observe these directly have been
documentation and hear from informed observers examine the pre-poll situation and its implication:
The election-related violence, the abuse of state po owned media require qualifications stronger thal which the overall election was equitable.
The main report records the inability to conduct Vanni district. Even where polling was possible. of a fair opportunity to campaign in Jaffna, lim defects in the opportunities for displaced persons reservations of the majority of the International
these districts. In our view, however, the report this has distorted the allocation of Parliamentary
Notwithstanding these qualifications, there is no di
that the Election has resulted in a peaceful transf of the majority of the electorate.
23 August 1994
68 LAW «3 SOCIETY TK

TE NOTE
l Observer Group, record this separate note to the
positive appraisal of the arrangements made by
anner in which the voters of Sri Lanka went to vote
e in the following important respects.
ole on polling day, some explicit and sharp in the run-up to the ballot. The main report fails to see many preceding phases which affect its outcome.
o us and in the Terms of Reference he gave us did on as a whole was free and fair: it is not for us to
t
Commissioner requested us to be available "in ons". The Terms of Reference he gave us sought ll, but also on any complaints on the provision of he media, and freedom from harassment. Our limited, but we have had the opportunity to review about them. The main report does not adequately
S.
wer and facilities and the partiality of government
those in the main report regarding the extent to .
polling in most of Jaffna district and large parts of
the elections were severely flawed by the absence itations on fair campaigning in Vanni and serious to register and vote. We therefore share the strong Observer Group regarding the overall elections in does not sufficiently emphasise the way in which SCatS.
sagreement within the International Observer Group :r of power which is in accordance with the wishes
ominique Francke (France)
Amir-ul Islam (Bangladesh) ved Jabbar (Pakistan) l'alter Fanklin McLean (Canada) in Martin (United States) (ichael McCormack (Guyana) (ick Moore (United Kingdom) hristian Wagner (Germany)
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Page 71
The North
by
Mario (
For an election to be free, fair and democratic it ri
From the perspective of the voter:
1. the freedom to cast his or her
2. a multiplicity of candidates fro
From the perspective of the candidate:
3. the right to enter his or her car
4. the freedom to campaign and m
These four principles are implicit in the internati government of the country is to be based on the wi 93 of the Sri Lankan Constitution which states that
In the recent Jaffna and Vanni elections all these f
For those areas of the North under LTTE control, no opportunity for the population to exercise their areas under the control of the Sri Lankan army and available to the population was limited; some key p was that a small proportion of the electorate in thes number of members of Parliament, from a non re.
While theoretically it was possible for political part this was rendered nugatory by the fact that the n campaigning. Even in those areas under army col only the government aligned Eelam People’s Dem campaigning there.
Thus the majority of the population in these two booths to cast their vote. And in those areas wher. voters were restricted to a limited range of candid
There were other factors which also seriously ur evidence of voter intimidation by armed governme Jaffna district had not been updated since 1986, l. without a vote.
LAW & SOCIETY TRUST REVIEW - I &

ern Polls
Gomez
quires the presence of at least four conditions:
ote without intimidation or fear:
m which to Select.
hdidature for the election:
eet voters in the electoral district being contested.
onal law on the point and are fundamental if the ll of the people. They are also implicit in Article elections shall be free, equal and by secret ballot.
our conditions were seriously undermined.
and where a majority of the people live, there was vote, even if they had wanted to. In those limited where polling took place, the choice of candidates olitical parties being forced to stay out. The result e two electoral districts, elected a disproportionate presentative sample of candidates.
ies to contest the elections in the North, in practice hajor portions of the North were inaccessible for ntrol, access to political parties was restricted and ocratic Party (EPDP) was in any way capable of
electoral districts did not have access to polling e the population did have access to polling booths.
atCS.
dermined the legitimacy of the poll. There was nt surrogates (EPDP). And the electoral list in the aving those who attained 18 years after that date
6 SEPTEMBER 1994 69

Page 72
The Conflict
Since June 1990 there have been armed confronta LTTE and the area most affected by the fighting the nerve centre of the conflict and has been subj population have left the area because of the fight had restricted the supply of certain items and mec it was not possible for political parties to broadca
At the time of the election and just before, the controlled areas. In the Jaffna District about 80 The balance was controlled by government securi People's Democratic Party (EPDP). Only about controlled territory.
In the Vanni District, the LTTE controlled abo controlling the rest.
The state has not been in a position to hold Provi Jaffna district since 1989.
Pre-Pol indications
It was evident before election day that only a sma able to exercise their franchise. It was clear befor would not have access to most of the Jaffna distri
In terms of section 24 of the Parliamentary Ele required to designate polling booths within reason Since the state had no control over 80 per ce Commissioner to locate booths within reasonable
Moreover it was not possible to locate all booth controlled areas, since movement between these would also have required residents to travel large
It was also clear before the election that only the p could effectively campaign in the limited areas not control, campaigning was not possible at all.
Before the election the Government Agent for Jal that the district was not ready for the polls'. Des the poll in these two districts.
The Civil Rights Movement (CRM) in a state
' 'Sunday Times", 24 July 1994
70 LAW & SOCIETY TR

ions between the government of Sri Lanka and the has been the Jaffna district. The district has been :ct to frequent shelling. A large of number of the ng. The economic embargo imposed by the state icines. There is no electricity in the area and thus st or telecast material to that area.
district was divided into LTTE and government per cent of the area was controlled by the LTTE. y forces together with their surrogates, the Eelam 10 per cent of the population live in government
ut 70 per cent of the area with the government
ncial Council or local government elections in the
ll percentage of the Northern population would be 'e the elections that the Commissioner of Elections ct to open polling stations and conduct the poll.
:tions Act No 1 of 1981, the Commissioner was able access to the residents to enable them to vote. int of the population it was impossible for the access to the residents.
s outside LTTE controlled areas and within state two areas is difficult and fraught with danger. It
distances to vote.
ro-state Eelam People's Democratic Party (EPDP) under LTTE control. In those areas under LTTE
fna was quoted in a local Sunday paper as saying pite these factors the state chose to go ahead with
ment issued before the elections, called on the
JSTREWIEW - 1 & 16 SEPTEMBER 1994

Page 73
government to invoke the consultative jurisdictio1 CRM observed that the conditions in Jaffna did no held in that district. The CRM observed that constitutional imperatives to hold parliamentary
requirement that voting be free and fair. The gov
Seven Tamil parties had earlier rejected a propos Jaffna by submitting a common list of candidates Jaffna.
Pols
These pre-poll indications were confirmed by the
the Jaffna District only those persons in the govern some displaced persons in camps in Puttalam and C to cast their vote. In the Vanni District too a lar
The available information suggests that of the 60 vote in the Jaffna district, only 13,000 people cas of the total registered electorate from Jaffna and outside Jaffna and Vanni which was 81 per cent. " account all those who attained 18 after 1986, but total number who voted, 16,000 were from the K
In the Vanni district approximately 25 per cent o: 67 (42 per cent) of the 169 polling stations, since
In the Jaffna district 13,000 voters were able to members of Parliament, nine of whom were fron
45,280 voters (25 per cent of the electorate) retur
In contrast 530,000 voters returned 10 members
* Article 129 of the Constitution gives the Presid Supreme Court, if a question of law or fact has arisen whi expedient to obtain the opinion of the Court.
'Sunday Leader 10 July 1994.
International Human Rights Law Group 'Report ( Lankan Parliamentary Elections', p 44. Henceforth: Law G countries and was co-ordinated by the International Huma particularly the Movement for Free and Fair Elections (M (PAFFREL).
- Report of the International Observer Group, p 22 Observer Group. This Group consisted of 44 international Elections.
Law Group Report, p 44.
Interim Report of the Movement for Free and F:
LAW & SOCIETY TRUST REVIEW - 1 &

n of the Supreme Court on the Jaffna polls. The ot make it possible for free and fair elections to be there was a conflict between the democratic and elections within the required time frame and the vernment did not respond to this suggestion.
sal by the government to share the ten seats from This would have obviated the need for a poll in
actual voting which took place on election day. In ment controlled islands (predominantly Kayts) and olombo were able to gain access to polling stations ge proportion of the population could not vote.
0,000 persons who were registered and entitled to it their vote“. This represents about 2.32 per cent
should be contrasted with the voter turnout rate This statistic would shrink further if one takes into who were not on the Jaffna electoral roll. Of the ayts Island.
f the electorate voted. Polling took place in only
it was not possible to operate the others'.
) return the disproportionately large share of 10 n the EPDP. In the Vanni district approximately ned 6 members of Parliament'.
of Parliament in the Kalutara electoral district and
lent the power to invoke the consultative jurisdiction of the ch is of such nature and of such public importance that it is
if the International NGO Election Observer Mission to the Sri roup Report). This Group consisted of 35 members from 13 in Rights Law Group at the request of Sri Lankan NGOs (FFE) and the People’s Action for Free and Fair Elections
(Department of Government Printing). Henceforth: Official observers from 12 countries invited by the Commissioner of
air Elections (MFFE), p 28
6 SEPTEMBER 1994 7.

Page 74
218,000 voters returned 5 members in the Matal 167,000 voters returned 5 members'.
Although information from the area is sketchy, it amidst serious irregularities. Much of the voting
of the EPDPo. The EPDP also contested the el evidence to suggest that the group was involved in
The Official Observer Group (invited by the Comn an armed member of the EPDP had attempted to er to enter a second time armed with two hand grena
The Official Observer Group refers to several vot Vidyalaya on the island of Delft, including voters taken place in the presence of one of the internati been pointed out to the Presiding Officer, no actio Officer was an accessory to these irregularities.
The International Human Rights Law (NGO) Gro have permitted eligible persons to vote, yet would parliamentary seats, would have been equitable co
On 17 August, the day after the election, the Comi parties to determine whether elections in these tw the representatives of the political parties the Cor he withheld the results the Commissioner could no Lanka's complicated electoral laws he may not h decided according to the proportion of votes each
The Two Lawsuits
The moderate Tamil party, the Tamil United Libe seeking judicial intervention to prevent polling in t to intervene.
In the first action the TULF applied to the Court seeking to prevent the Commissioner of Election Jaffna. The Court refused to grant the writs hold
MFFE Interim Report, p 28
Official Observer Group Report, p 27.
'' Official Observer Group, p 27. See also Move
p 25.
'' Ibid.
Id. p 28.
* Law Group Report, p. 49.
72 LAW & SOCIETY TR

e district. In the Polonnaruwa electoral district
is reasonably clear that the poll was conducted in the Jaffna District took place under the control :ction (Independent Group 2) and there is some attempts at intimidating voters and polling staff".
missioner of Elections) records one incident where iter a counting station at Kayts and later attempted des".
ing irregularities that took place at Subramaniya voting more than once. Voting malpractices had onal observers". Although the irregularities had n had been taken and it appears that the Presiding
up in its report suggests that a solution that would not have given them such a large proportion of the impromiselo.
missioner of Elections called a meeting of political o districts had been properly held. After hearing mmissioner proceeded to release the results. Had it have declared the election concluded. Under Sri lave then been able to fill the 29 national seats -
party obtains throughout the country.
ration Front (TULF) had earlier filed two actions he Jaffna district. In both actions the Court refused
of Appeal for writs of prohibition and certiorari s from conducting the elections in the District of ing that the application was premature.
ment for Free and Fair Elections (MFFE). Interim Report,
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Page 75
In a second application, a member of the TUL Constitution alleging a violation of his fundamen argued that his rights to equality before the law an by the decision to conduct elections in Jaffna. He assembly and free speech were also infringed.
The Supreme Court dismissed the application at ti the Commissioner of Elections to hold elections, w of the constitutional provisions. The Court also h from setting in motion the electoral process in the representatives of other political parties was also c
Internally Displaced Persons
The conflict has displaced thousands of people fro: Various estimates place this figure at between 550,0
The current law permits displaced persons to voteef home districts. Thus those displaced from Jaffna current places of residence.
Despite the large number of displaced persons with vote and a still smaller number actually voted. Seve for a polling card or a voter authorisation letter. eligible to vote.
The displaced were required to fill in application f normal residence.
However the material required by the Commissione applicant's home district. Moreover in what is und forms were issued in Sinhala, although most displa
Some of the displaced who did apply, however, wer Of those who returned from India, only those who to vote. At the Asikulam Camp in Vavuniya, about for polling cards. Only 75 were given polling card down their application'.
The state announced that 25,000 displaced persons
''S C Application No 201/94. Order delivered on
* Official Observation Group Report, p 24-25 and
Law Group Report, p 31.
7 Ibid.
LAW & SOCIETY TRUST REVIEW - 1 & 16

filed an application under Article 126 of the l rights guaranteed under the Constitution. He to equal protection of the law had been infringed also argued that his rights relating to freedom of
e preliminary stage, holding that the decision of s not 'executive or administrative action in terms ld that the Commissioner could not be restrained entire country, including Jaffna. Non joinder of eemed fatal to the application by the Court'. -
n the Northern and Eastern parts of the country. 00-800,000 (both within and outside Sri Lanka).
"om their current residence for candidates in their could vote for candidates in Jaffna from their
in the country, only a small number registered to tral of the eligible displaced persons did not apply Of those who applied several were deemed not
orms and register to vote outside their places of
r was detailed and required information from the Dubtedly a major violation of language rights, the ced persons speak only Tamil.
turned down by the Commissioner of Elections. had returned prior to March 1993 were entitled
700 of the 2,500 who returned from India applied s'. No reasons were given to others for turning
had applied to vote. However ultimately, only
25 July 1994,
aw Group Report, p 32.
SEPTEMBER 1994 73

Page 76
19,000 were declared eligible to vote".
The state has previously indicated that it provides persons in the country. Of this number about 275, therefore should have been eligible to vote.
In some cases displaced voters had to travel large recorded one instance where displaced persons had Group observes that there was a lack of transport to commute to polling stations'. Better security w observed'.
There is also some evidence to suggest that displac of the EPDP'. The Sri Lanka Muslim Congress (S the poll that several of the displaced in the Puttal turned down at the polling station. In the East to polling cards, or had received them on the day of
International norms prohibit discrimination in rel Lankan constitution contains a similar prohibition. that these standards were infringed during the Aug
International Norms
According to Article 21 of the Universal Declaratio shall be the basis of the authority of government. and Political Rights states that all citizens shall hav by secret ballot.
The Draft General Principles on Freedom and Non states that every eligible national shall be include
Ibid.
* Status of Human Rights in Sri Lanka, 1993. Li
'' Official Observer Group Report, p 25.
* Law Group Report, p 46.
?? Ibid.
* MFFE Interim Report, p 27.
Law Group Report, p 45.
* Draft General Principles on Freedom and Non I Resolution 1 (XIV) of the Sub Commission on the Pre E/CN.4/Sub.2/218, para 159. Also see Article 5 of the Conv
* Annexed to Resolution 1 (XIV) of the Sub Comn Minorities, E/CN.4/Sub.2/218, para 159.
74 LAW & SOCIETY TIR

food rations to a little under 600,000 displaced 000 live in government controlled territory' and
distances to vote. The Official Observer Group to travel 25 miles to cast their vote'. The Law facilities for those displaced persons who wished ould also have encouraged voters, the Law Group
:ed persons were subject to threats from members . SLMC) had complained to the Commissioner after am district who had registered to vote had been o, several of the displaced had not received their the poll'.
ation to political rights’. Article 12 of the Sri There is a substantial body of evidence to establish gust Parliamentary elections.
n on Human Rights (UDHR) the will of the people Article 25 of the International Covenant on Civil 'e the opportunity to vote at periodic elections and
Discrimination in the Matter of Political Rights' d in the election roll. The Draft Principles also
aw & Society Trust Report, p 259.
Discrimination in the Matter of Political Rights. Annexed to vention of Discrimination and Protection of Minorities, 2ntion on Elimination of All Forms of Racial Discrimination.
hission on the Prevention of Discrimination and Protection of
JSTREWIEW - 1 & 16 SEPTEMBER 1994

Page 77
guarantee the voter the freedom to vote for the ca opposition is given full freedom' for peaceful exi functioning under the Draft Principles. They election.
Other international norms on the subject also gua information and ideas of all kinds and the equal o
All these principles have been infringed in the r election from the two electoral districts of Jaffna a
Presidential Elections
For the Presidential elections it may not be possibl access to polling stations to cast their vote. Howe to ensure that all those who are displaced and who SO.
For this it would require that facilities for registral from them is not too detailed and is sought in a la
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*” Article VIII.
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* Resolution of the Commission of Human Rights c and Genuine Elections: Framework for Future Efforts'. 1989,
LAW & SOCIETY TRUST REVIEW - 1 & 1

didate or candidates he prefers'. The political ression, and guarantees with regard to their free lso have the right to present candidates at an
rantee the freedom to seek. receive and impart portunity for all citizens to become candidates'
:cent Northern Polls and it is apparent that the nd Vanni lack legitimacy and public validity.
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