Final Report on Election Related Violence
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Final Report on Election Related Violence Presidential Election 2015 Centre for Monitoring Election Violence All rights reserved (c)Centre for Monitoring Election Violence (CMEV) Material from this publication may be used with acknowledgement given to the CMEV For further information please contact: Centre for Policy Alternatives 24/2, 28th Lane, Off Flower Road, Colombo 07 Sri Lanka Tel: +94 11 2565304-6, Fax: +94 11 471460 E-mail: [email protected] Web: www.cpalanka.org www.cmev.org January 2015 1 Contents Page No Executive Summary 04 - 08 Pre-Election Monitoring 1st Press release 11 2nd Press release 12 3rd Press release 13 - 14 4th Press release 14 - 15 5th Press release 15 - 17 6th Press release 18 7th Press release 19 - 20 8th Press release 21 - 22 9th Press release 22 - 23 10th Press release 23 - 24 11th Press release 25 - 27 12th Press release 28 13th Press release 29 - 31 14th Press release 31 - 33 15th Press release 33 - 37 Postal Vote Monitoring Postal voting Communiqué 01 40 - 42 Postal voting Communiqué 02 42 - 45 Postal voting Communiqué 03 45 - 46 CMEV Interim Campaign Report 47 - 49 2 Pre-Election Tabulation Figures 51 - 54 Pre-Election Charts According to Tabulation Figures 55 - 59 Election Day Monitoring 1st Press release 62 - 63 2nd Press release 63 - 65 Statement at the Conclusion of Polling 8th January 2015 65 - 66 Summary of Election Day Incidents – by Electoral Division 69 - 105 Election Day Violence – Tabulation Figures 106 - 109 Election Day Violence – Charts According to Tabulation Figures 110 - 112 Post-Election Monitoring 1st Press release 115 - 116 2nd Press release 117 - 119 Post-Election Violence – Tabulation Figures 120 - 123 Post-Election Violence – Charts according to Tabulation Figures 124 - 126 A Comparison of Voter Turnout of Recent Three Elections 127 Profile of Voter Turnout of Recent Elections 128 Some Incidents Captured by CMEV Monitors 129 - 134 Media Coverage of CMEV 135 - 143 3 Executive Summary Introduction: Context Following the Presidential Proclamation to this effect, gazetted on 20.11.14, the in which the incumbent sought a third term and was defeated in this bid. It Commissioner of Elections announced 8th January 2015 as the date of election was called well in advance of the expiration of the incumbent’s term in office, and 6th December 2014 as the date of nominations. Nineteen (19) candidates prompting the argument that it was called by the incumbent to renew his man- submitted nominations including incumbent president Mahinda Rajapaksa as date in advance of the March 2015 release of the report of the UN Commission of the candidate of United People’s Freedom Alliance (UPFA) and former Secre- Investigation in Sri Lanka under the auspices of the UN Human Rights Council, tary of the Sri Lanka Freedom Party (SLFP) and Minister of Health, Maithreepa- which was expected to be highly critical of the Rajapaksa regime. Furthermore, la Sirisena as the common candidate of the opposition. A period of four and half arraigned against him was arguably the broadest coalition of political parties in weeks was allocated for the election campaign, following the close of nomina- Sri Lankan electoral history with Sinhala Buddhist nationalist at one end and tions. Tamil nationalists at the other. Most significantly, the opposition platform pro- jected the democratic governance deficit and anti-corruption as its main plat- According to the electoral register, 2014 15,044,490 electors were qualified to form, pointing out that the dynastic political project of the Rajapaksa regime vote at 12,314 polling centres island -wide. A total of around 200,000 officers underpinned by the office of the executive presidency epitomized the erosion of (120,000 officers attached to polling stations) and over 16,000 monitors were democratic governance in the country. Accordingly, abolition or at least dimi- engaged in the electoral process. A total of 12,264,377 (81.52%) voters exercised nution of the powers of that office that aided and abetted the slide into populist their franchise, constituting an increase of 1,768,926 (7.03%) votes over the 2010 authoritarianism and facilitated corruption, was a key promise of the opposition Presidential Election. and occupied pride of place in the 100 day programme of governance reform it promised on winning the election. Equally significant was the consensus that Opposition Candidate Maithreepala Sirisena received 6,217,162 (51.28%) votes issues relating to the key challenges facing the country – the constitutional set- while the incumbent Mahinda Rajapaksa received 5,768,090 (47.58%). The in- tlement of the ethnic conflict or national question and the issue of accountability cumbent polled some 58% of the vote in the predominantly Sinhala Buddhist arising from the conduct and conclusion of the war against the Tamil Tigers majority areas and his opponent 41%. This constituted a drop in the incumbent’s –should be deferred till after the next general election. The ostensible rationale vote amongst this primary constituency of some 10% when compared with his for this was that these issues could best be dealt with once the governance deficit triumph in 2010 and accordingly laid the foundation for his defeat. Mr Sirisena was bridged – the latter being a necessary though not sufficient condition for the secured some 85% of the minority vote, however defined. Despite calls for a resolution of these issues. boycott by extreme Tamil nationalists in the north, the voter turn out was above 65% in these districts. The election campaign was fought against the backdrop of the populist authori- tarianism and repression of the Rajapaksa regime – repression being most acute The January 2015 Presidential Election was significant in a number of respects. in the north where administration had come to be considerably militarized. Following the passage of the 18th Amendment to the Constitution in October Throughout the country, the space for media freedom and civil society activity, 2010 removing term limits on the presidency, it constituted the first election leave aside dissent, was shrunk to the point of extinction with the media often 4 practicing self-censorship out of fear of retribution and civil society actors re- From the perspective of rights and democratic governance founded upon them, maining silent for the same reason. The few that dared to defy this were targeted the role of the Election Commissioner bears special mention in defending the and vilified in the state controlled media and on political platforms in addition integrity of the electoral process at crucial times throughout the campaign and to being subjected to harassment through constant questioning and detention. on Election Day. Key events that formed the backdrop to the election were the three resolutions on Sri Lanka in the UN Human Rights Council in 2012, 13 and 14 – the last This was the first national election after Commissioner of Elections’ powers to providing for a Commission of Investigation into allegations of war crimes and ensure a free and fair election were weakened by the 18th Amendment. Howev- crimes against humanity, allegedly committed by the forces of the Government er, without clear and explicit legal provision and by depending on the actions of of Sri Lanka and the LTTE- the universally condemned impeachment of the previous Commissioners and the agreement of party leaders, the Commissioner 43rd Chief Justice in 2014, continuing attacks on Christian and Muslim places issued a circular bearing No.PRE/2015/43 and dated 22.11.2014 to prevent mis- of worship and work, with impunity and the widespread perception, as a conse- use of resources of the State, State Corporations and Statutory Boards and limit quence, of regime sponsorship of these attacks. recruitment, promotions or transfers of public officials and government servants during the period of presidential election. He further requested, by his circular As the election approached though, space opened up and civil society coalitions dated 26.11.2014, all heads of government institutions to confirm ‘follow up ac- emerged to campaign for the abolition of the executive presidency and the res- tions”for ensuring prevent of misuse of state resources for election campaigning. toration of democratic governance. The possibility of reform though hinged on The Commissioner also suspended the use of national or local development pro- the choice of a suitable challenger to the incumbent, in particular one from his grammes and official ceremonies for the promotion of presidential candidates majority Sinhala Buddhist constituency and party. The emergence of Mr. Siris- by his circular dated 24.11.2014. and issued guidelines for media in relation to ena in this role was a major fillip to these efforts and a considerable surprise to their roles and responsibilities during the election through gazette notification the Rajapaksa regime. No. 1890/02, dated 24.11.2014. The short campaign, unprecedented and gross imbalance in resources in favour Furthermore on Election Day, the Commissioner took decisive action in assur- of the incumbent, had the effect of reducing the incidents of violence through- ing voters in the north of their right to the franchise and in respect of a state out the campaign and on polling day. However, in addition to the egregious controlled media institution broadcasting misleading information of a political abuse of state resources by the incumbent – from the use and abuse of vehicles nature which had a bearing on the election. and public servants to the flagrant misuse of government finances and the state – controlled media- his supporters and sympathisers were identified as the alleged In addition to the role of the Election Commissioner, mention must also be made perpetrators in a number of major incidents of violence ranging from attempted of the role of the Attorney General and forces commanders in light of allegations murder, assault, threat and intimidation to arson attacks.