The prime responsibility of the Election Commission (EC) is to conduct an independent, impartial and fair election process in Sri Lanka. This is the reason why it has been established as an independent institution under the Sri Lanka’s Constitution.
Its main responsibility is to conduct Presidential, Parliamentary, Provincial Councils and local Government polls in accordance with existing laws and the Constitution. That is why it has to do a lot of work in fulfilling that responsibility during the Presidential Election (PE).
It seems that a recent decision by the EC and measures taken by the Commission have drawn the attention of the scholars, writers and human rights organisations in this country. On September 4, the book ‘NPP Story and JVP Action’ written by the senior journalist of the Irida Divaina Eric Gamini Jinappriya was scheduled to be launched at the N.M Perera Centre in Borella. Ven. Bengamuwe Nalaka Thera was to preside over this book launch while guest lecturers were to be delivered by Ven. Omare Kassapa thera, C.A. Chandraprema and Sumedha Weerawardena.
However, according to media reports the book launch was withheld by Borella Police following orders of the EC. However, following explanations by the organisers, they have only given permission to present the book to invitees without delivering guest lectures.
This is the first ever incident that holding a book launch was prohibited in Sri Lanka, where the freedom of speech and expression, including publication, have been guaranteed under the Constitution. The EC has issued guidance to the media providing a space with some regulations for people to express their opinions for fair judgments at an election period.
Book launch
But I am not aware whether there are rules related to prohibiting a book launch under election laws stating that it will influence a forthcoming election.
In the history of elections in Sri Lanka, there are books published by various writers, which had significant impact. I recall how during the General Elections of 1965 or 1970, the book ‘Buddhist Genocide in Tibet’, a Sinhala translation, was distributed at every election meeting of the United National Party (UNP). I was also able to get a book there and have it with me till today. It seems that the book was distributed in this way to make the public understand that if Marxism becomes strong in the country, Buddhism will be destroyed just like how it happened in Tibet.
The ‘Family Tree’ is another such book published by the UNP during the 1977 elections. The small book describes how the Bandaranaike family has become a massive tree with branches called ‘family’. It was sold for money at every UNP meeting during that election. Although it was sold for money, I remember how that book became popular in Sri Lanka and sold like hotcakes.
A term, which is frequently used by the EC in formulating its criteria for a fair election, is that ‘do not promote candidates or harm other candidates’. For example, it states that the media should not adopt a practice that promotes any candidate or harms other candidates. But usually the election manifesto of any candidate is used to promote the respective candidate and it will be definitely harmful to other candidates. But the EC has no ability to stop publishing such books.
However, under such circumstances, it is questionable how the EC could prohibit the book launch of Eric Gamini Jinappriya’s book ‘NPP Story and JVP Action’. Despite various political changes in the country, it seems that no Government has taken any measures to restrict or control the freedom of writers. In some cases there were proposals to ban certain books but such restrictions were rarely practised.
The issue arises as to whether provisions are made in the election law or in any other law to control the freedom enjoyed by writers in this country during election season.
Therefore, this behaviour of the EC seems to be a strict violation of the freedom of speech and expression, including publication, guaranteed by the Constitution. The EC should clarify whether anyone has complained that this book launch would be harmful to any party.
It should also be clarified whether anyone in the EC has read the book to confirm that the book contains facts to ban the event. It is necessary to explain whether the speeches of those speakers were banned because of the presumption that there might be something harmful to any party in the speeches and if so, what is the evidence on which the presumption is based. It should also be clarified under which law the EC is authorised to withhold a meeting of a group of academics to discuss literacy work in an election period.
It is the EC’s responsibility to prevent a situation, in which any group is subjected to intimidation, pressure or threats, to conduct a fair election. It is claimed that the EC has not paid any concern to the unfortunate situation faced by the country’s one of the famous musical group – Marians’.
Death threats
It is no secret that their lives are under threat following warnings by a particular political party, which boasted that they would not harm anyone after they win the PE. After the group was threatened, they released a statement on social media expressing their regret and Marian’s leader had stated that his members had even received death threats.
This is a very first clear signal that this particular party will not maintain a peaceful situation in the country if they win the PE. The second is that the EC, which bans a book launch event without reading a word of Eric Jinappriya’s book, has not said a word about the death threats by this political party to Marians.
The EC has forgotten to send the police which was sent to prevent holding Eric Jinappriya’s book launch to investigate death threats to Marians by this political party.
The question is whether the EC is loyal to one party and be blind and deaf over the election violations by that party. The EC has not uttered a word against pasting stickers belonging to a particular party on three-wheelers during this election period while having enough and more evidence to prove them as election violations.
But when the UNP started to paste such stickers on three-wheelers at the Galle Face, the EC issued a statement prohibiting pasting those stickers on vehicles.
When considering these double standards of EC, it is crucial for the Commission to ensure its impartiality to prove that it is not influenced by anyone or any political party with regard to its decisions during the election period.
