facili�es for them to get involved as voters in their home country is a challenge that’s posed Facilita�ng the for the representa�ve democracy. On the other hand, the chief source of income not only in but also in many other South Asian vo�ng rights countries, largely comprises of the foreign revenue generated by the female individuals of Out of the who serve in middle eastern countries. Managing the services of such expatriates and recognizing the value of the revenue that they Country Voters generate for its worth, is the duty and responsibility of a government. In that regard, the countries like Philippines adop�ng measures like signing bilateral agreements in regards to with visual impairments with ballot papers in Braille Facilita�ng the Vo�ng Rights of Out of the the services offered by their ci�zens in other during all the elec�ons in the future. One of the countries, can be iden�fied as a praiseworthy Country Voters primary mo�os of the Elec�on Commission of Sri measure. Yet however, in the Sri Lankan context, a consistent policy could not be observed to At present we are in the ninth decade since universal Lanka is “An Electoral Process where No Elector is to suffrage was introduced to Sri Lanka. The said advent be Le� Behind”. have been adopted by the duty bearers. has undoubtedly been able to steer the socio-poli�cal paradigm towards a new dimension. Regardless, upon Vo�ng Rights of the Sri Lankan Migrant Workers closely examining the balance sheet of representa�ve democracy in Sri Lanka, one could comprehend that As a ma�er of fact, the number of migrant workers there are two dis�nct problema�c areas which have from Sri Lanka that amounts to over two million not yet been properly addressed thus far. persons, whose votes are not counted in every 1. Lack of facilita�on for the persons with elec�on due to their being away from the country disabili�es to exercise their right to vote. could not be regarded as a trivial omission in terms of facilita�on of their rights in determining their 2. Lack of facilita�on for the migrant workers to choice in the poli�cal decision making process. Upon exercise their right to vote. taking the emerging global trends into account, one couldn’t escape no�cing the fact that a large number The number of Sri Lankan ci�zens who are thus of people all over the world are migra�ng by both deprived of the opportunity to cast there votes, is legal and illegal means in search of employment approximated as three million people. At a glance such prospects in developed countries. Subsequently, a a number of poten�al voters can be observed as a significant number of diasporas which consist of significant propor�on that can considerably influence migrants who are eager to play their role in the the final result of just about any elec�on. decision making process in their respec�ve motherlands, are being emerged in many developed Yet however, it is not fair to consider both these countries. The Sinhalese persons working in populaces as persons who have been deprived of their countries like Australia and the Sri Lankan Tamils right to vote. The reason for such a conclusion is that employed and residing in Canada can be regarded as the adequate flexibility is available in the enumera�on apt instances concerning this trend. The majority of process that’s conducted annually with regard to the these migrant workers are either under the voter registra�on by the Elec�on Commission of Sri temporary visa or have obtained dual ci�zenship. Lanka on the grounds of having disabili�es, living Although they could contribute to the decision overseas, temporarily away from home.Although the making process as poli�cal ac�vists, the lack of people have thus been availed of their rights, the issue that’s in focus is the fact that the necessary steps have not yet been taken to ensure that such people are properly facilitated to cast their votes sans any difficulty. It must be stated with immense gra�tude and apprecia�on that the Elec�on Commission of Sri Lanka has taken a number of very progressive measures with regard to addressing one of the aforemen�oned key issues at present. Asser�ng the Vo�ng Rights of the Persons with Disabili�es

This process includes a range of facili�es star�ng from the establishing of model polling sta�ons for all persons with disabili�es up to the extent of availing the persons

Facilitating the voting rights of Out of the Country Voters 01 employed as house maids and domes�c workers, a cumbersome procedure is involved which consists of facili�es for them to get involved as voters in Departures for Foreign Employment seeking the approval of their masters, travelling a long way to the embassies for the voter registra�ons as well their home country is a challenge that’s posed by Age Group and Gender 2014 as for vo�ng. for the representa�ve democracy. On the other hand, the chief source of income not only in Sri 9,748 >=50 10,526 Postal vo�ng: Under this methodology, ballots are mailed out to registered out-of-country voters and need Lanka but also in many other South Asian 18,123 45-49 12,599 20,974 40-44 18,694 tobe completed and returned by mail for coun�ng. They can be returned to collec�on points inhost countries countries, largely comprises of the foreign 21,307 35-39 25,288 22,135 30-34 or directly back to the country. Yet when the situa�on of the secretory of the ministry of postal services was 35,361 revenue generated by the female individuals 16,976 25-29 35,377 transferred to another ministry by the Elec�on Commissioner back then owing to the revela�on of 8,185 20-24 32,016

110,489 610 <=19 5,226 189,924 who serve in middle eastern countries. 36.78% Female Age Male 63.22% par�ali�es towards certain poli�cal par�es, is taken into considera�on, doubts can possibly arise in regards Managing the services of such expatriates and 300,413 to the security and reliability of involving postal service for such a sensi�ve and responsible affaire like vo�ng recognizing the value of the revenue that they Ja na at an elec�on. 8,284 generate for its worth, is the duty and 472 7,812 responsibility of a government. In that regard, Internet vo�ng: Internet vo�ng is one of the novel methods that addresses many of the complexi�es involved the countries like Philippines adop�ng measures in vo�ng that takes place in physical form. The technological advancement in this regard is s�ll at the earlier Kilinochchi 85 447 stage and hence this system is not recommended to be adopted in a na�onal level elec�on without proper like signing bilateral agreements in regards to 532 Mullative *Not Identied methods of security and voter iden�fica�on in place. Upon looking at the Internet security compromises the services offered by their ci�zens in other 11 11 238 countries, can be iden�fied as a praiseworthy which were reported lately even in the countries like the United States where the most advance technological Vavuniya means are available to accomplish such a task, there could be a certain level of reluctance to deploy such measure. Yet however, in the Sri Lankan context, Mannar 2,591 1,201 85 systems in countries like Sri Lanka. In addi�on, the method of fax-based vo�ng which was implemented with a consistent policy could not be observed to 368 447 have been adopted by the duty bearers. 833 regard to the expatriate workers in countries like new Zeeland and Australia as of late can also be considered 12,479 in this regard.

Anuradhapura Trincomalee 8,314 5,481 6,998 Proxy vo�ng: This system employs a proxy who resides in one’s home country that’s chosen by the registered Interna�onal Context 4,903 3,411

Puttalam out of country voter to cast the vote on his or her behalf. Many countries seem to have not placed much faith 21,867 Polonnaruwa 9,922 in this system and hence it could be concluded that such a system will not be suitable for a country like Sri As a ma�er of fact, the number of migrant workers One of the proposals made in the Na�onal 11,945 7,063 3,887 3,176 23,603 Lanka apparently. from Sri Lanka that amounts to over two million Batticaloa Migra�on Policy that was adopted in the year 4,829 Kurunegala Matale 18,774 Prior to considering any of the aforemen�oned persons, whose votes are not counted in every 2008 in alignment with the relevant 27,967 7,842 13,783 14,184 3,463 methods proposed to conduct out of country vo�ng, it elec�on due to their being away from the country 4,379 interna�onal trea�es, is to ensure the vo�ng is important that the reforms be brought forth for the could not be regarded as a trivial omission in terms rights of the Sri Lankan migrant workers. 28,850 Kandy Ampara 11,324 17,526 20,389 exis�ng legal provisions related to the electoral Gampaha of facilita�on of their rights in determining their 2,953 However it must be stated that facilita�ng the 28,548 Kegalle 17,436 process. A special select commi�ee has been choice in the poli�cal decision making process. Upon 9,770 9,636 18,778 3,928 out of country voters to vote from the countries 5,708 1,144 Badulla appointed by the parliament upon taking the lobbying taking the emerging global trends into account, one Nuwara Eliya Colombo 6,542 to which they have migrated, is a fairly expensive 35,593 420 of civil organiza�ons made with this regard into 11,715 724 3,439 couldn’t escape no�cing the fact that a large number 3,103 Monaragala 23,878 considera�on. The said commi�ee was appointed on endeavor. The majority of the developed 6,620 2,252 of people all over the world are migra�ng by both 15,846 1,000 1,252 Kaluthara Ratnapura the 6th of April in the year 2016. Although six months countries have not provided such facili�es. Even 5,719 3,303 3,317 legal and illegal means in search of employment 10,127 have elapsed since its incep�on, the members of the prospects in developed countries. Subsequently, a the ones which have availed the migrants with Galle 4,395 said commi�ee are yet to propose a properly Hambantota significant number of diasporas which consist of such facili�es, have done so a�er experimen�ng 12,933 1,724 2,671 4,977 5,673 formulated set of recommenda�ons with this regard. Matara migrants who are eager to play their role in the with it for several years. For example, Philippine 7,956 1,900 3,773 Subsequently, an inquiry was made with regard to the decision making process in their respec�ve which can be cited as one such country that delay men�oned above, from the honorable speaker motherlands, are being emerged in many developed facilitates its migrated ci�zens to vote from ^ŽƵƌĐĞ͗/ŶĨŽƌŵĂƟŽŶdĞĐŚŶŽůŽŐLJŝǀŝƐŝŽŶͲ^>& of the , by the Elec�on countries. The Sinhalese persons working in abroad, has ini�ated the process of making such Monitoring Organiza�ons. As a result of this par�cular countries like Australia and the Sri Lankan Tamils country. It is apparent that such vo�ng methods can be interven�on, a new commi�ee has been appointed facili�es available, way back in the year 1987. deployed in a way that’s affordable and beneficial only employed and residing in Canada can be regarded as And it has been only in the year 2004 that a full which is chaired by Thalatha Athukorale, the minister for the migrant workers in countries where there’s a of foreign employment. apt instances concerning this trend. The majority of scale deployment of vo�ng facili�es for the considerably lucra�ve employments are available. these migrant workers are either under the expatriates has been implemented. temporary visa or have obtained dual ci�zenship. In-person polling sta�ons: This will inevitably require Although they could contribute to the decision the establishment of polling sta�ons outside of making process as poli�cal ac�vists, the lack of Numerous methodologies u�lized to facilitate embassy and consulate premises because such are the the out of country voters by many countries in loca�ons wherediaspora popula�ons are concentrated. the world, have been men�oned below. However, the implementa�on of this system s�ll remains challenging since such a mobiliza�on requires inter-governmental nego�a�ons with the host country Return vo�ng: By the strictest of defini�ons, this to allow the establishment of such polling sta�ons methodology is not considered as Out of within their territory. Country Vo�ng. This can be facilitated by the establishment of polling sta�ons at major Embassy vo�ng: This is similar to in-person polling airports in the country or major land entry sta�ons in many ways, but less complex in terms of points. This aids the expatriates to return to the opera�onalizing. And yet, the difficul�es which might country where they are employed right a�er have to be undergone by the voters in respec�ve cas�ng their votes at a polling sta�on countries to invest on �me and travelling expenses to established at an entry point of their home visit the embassies could deter the diaspora from proac�vely partaking in vo�ng. Par�cularly in the middle eastern countries where Sri Lankan women are

Facilitating the voting rights of Out of the Country Voters 02 employed as house maids and domes�c workers, a cumbersome procedure is involved which consists of seeking the approval of their masters, travelling a long way to the embassies for the voter registra�ons as well awareness in out of the country voters about as for vo�ng. the free and fair electoral process and would lead to a chao�c diffusion of votes based on Postal vo�ng: Under this methodology, ballots are mailed out to registered out-of-country voters and need extremist grounds like religion, na�onalism tobe completed and returned by mail for coun�ng. They can be returned to collec�on points inhost countries etc. In this day and age where social media is or directly back to the country. Yet when the situa�on of the secretory of the ministry of postal services was widely u�lized for poli�cal lobbying and transferred to another ministry by the Elec�on Commissioner back then owing to the revela�on of manipula�on of the general public, the par�ali�es towards certain poli�cal par�es, is taken into considera�on, doubts can possibly arise in regards poli�cians are sure to make use of extremist to the security and reliability of involving postal service for such a sensi�ve and responsible affaire like vo�ng na�onalist and patrio�c sen�ments to at an elec�on. scavenge votes and make their respec�ve voter bases larger by undemocra�c means. Yet Internet vo�ng: Internet vo�ng is one of the novel methods that addresses many of the complexi�es involved another inevitable issue would be the in vo�ng that takes place in physical form. The technological advancement in this regard is s�ll at the earlier poli�ciza�on that has seeped into almost stage and hence this system is not recommended to be adopted in a na�onal level elec�on without proper every sector. Yet another challenge that’s need methods of security and voter iden�fica�on in place. Upon looking at the Internet security compromises to be considered in this regard is the existence which were reported lately even in the countries like the United States where the most advance technological of an opportunis�c diaspora that’s looking out means are available to accomplish such a task, there could be a certain level of reluctance to deploy such to point at the shortcomings that might systems in countries like Sri Lanka. In addi�on, the method of fax-based vo�ng which was implemented with possibly occur with regard to such a complex procedure and thus to level baseless allega�ons against Elec�on regard to the expatriate workers in countries like new Zeeland and Australia as of late can also be considered Management Bodies. The view of the majority of scholars who are paying a�en�on with this regard is that, in this regard. prior to ini�a�ng the process of facilita�ng out of country voters with a proper system to vote, the relevant authori�es and stakeholders need to be subjected to a thorough ve�ng process that includes Proxy vo�ng: This system employs a proxy who resides in one’s home country that’s chosen by the registered de-poli�ciza�on of the en�re system. The appointment of diplomats as poli�cal favors for various friends and out of country voter to cast the vote on his or her behalf. Many countries seem to have not placed much faith acquaintances of poli�cians, has been taking place as an unacknowledged tradi�on of sorts. We strongly in this system and hence it could be concluded that such a system will not be suitable for a country like Sri believe that the members of the special parliamentary select commi�ee who have been appointed to Lanka apparently. inves�gate and propose appropriate mechanisms with this regard, will take necessary ac�ons sans poli�cal Prior to considering any of the aforemen�oned biases, to make sure that the right of a populace who are shouldering a greater por�on of economic burden methods proposed to conduct out of country vo�ng, it in this country, are bestowed with adequate and reasonably fair means to engage in the decision making is important that the reforms be brought forth for the process as voters. exis�ng legal provisions related to the electoral process. A special select commi�ee has been appointed by the parliament upon taking the lobbying of civil organiza�ons made with this regard into considera�on. The said commi�ee was appointed on the 6th of April in the year 2016. Although six months have elapsed since its incep�on, the members of the said commi�ee are yet to propose a properly formulated set of recommenda�ons with this regard. Subsequently, an inquiry was made with regard to the delay men�oned above, from the honorable speaker of the parliament of Sri Lanka, by the Elec�on Monitoring Organiza�ons. As a result of this par�cular country. It is apparent that such vo�ng methods can be interven�on, a new commi�ee has been appointed deployed in a way that’s affordable and beneficial only which is chaired by Thalatha Athukorale, the minister for the migrant workers in countries where there’s a of foreign employment. considerably lucra�ve employments are available.

In-person polling sta�ons: This will inevitably require The way forward the establishment of polling sta�ons outside of embassy and consulate premises because such are the It is obvious that the process of facilita�ng out of country voters with the services required to enable the loca�ons wherediaspora popula�ons are concentrated. cas�ng their votes, possibly incurs a colossal cost. Perhaps, such a cost could not be afforded by a country like However, the implementa�on of this system s�ll ours which has not yet been able to reach a higher level of economic prosperity. Yet however, upon taking remains challenging since such a mobiliza�on requires the enormous amounts of public funds squandered by the government into account, a responsible inter-governmental nego�a�ons with the host country government can never get away from an obliga�on like the need to facilitate requirements of this nature. Return vo�ng: By the strictest of defini�ons, this to allow the establishment of such polling sta�ons Therefore, the topmost responsibility of a select commi�ee that has been specifically appointed for this methodology is not considered as Out of within their territory. purpose, should be able to devise the most appropriate method that can be adopted by a country like ours. Country Vo�ng. This can be facilitated by the The proac�ve efforts which are made with this regard by the Elec�on Commission of Sri Lanka must hence establishment of polling sta�ons at major Embassy vo�ng: This is similar to in-person polling be appreciated immensely. airports in the country or major land entry sta�ons in many ways, but less complex in terms of points. This aids the expatriates to return to the opera�onalizing. And yet, the difficul�es which might Furthermore, if the a�empt to provide this facilita�on to all the migrant workers from Sri Lanka at once is not country where they are employed right a�er have to be undergone by the voters in respec�ve possible, it could be implemented gradually in a segmented manner. As a pilot project, vo�ng facili�es can cas�ng their votes at a polling sta�on countries to invest on �me and travelling expenses to be made available only for the Sri Lankan armed forces deployed overseas, in a similar manner that has been established at an entry point of their home visit the embassies could deter the diaspora from undertaken in India in rela�on to polling sta�ons established in respec�ve embassies and consulates.The proac�vely partaking in vo�ng. Par�cularly in the next greatest challenge is to devise a program through which the relevant out of country voters could be middle eastern countries where Sri Lankan women are made aware of this en�re process. The unavailability of such a comprehensive program will result in lack of

Facilitating the voting rights of Out of the Country Voters 03 awareness in out of the country voters about the free and fair electoral process and would lead to a chao�c diffusion of votes based on extremist grounds like religion, na�onalism etc. In this day and age where social media is widely u�lized for poli�cal lobbying and manipula�on of the general public, the poli�cians are sure to make use of extremist na�onalist and patrio�c sen�ments to scavenge votes and make their respec�ve voter bases larger by undemocra�c means. Yet another inevitable issue would be the poli�ciza�on that has seeped into almost every sector. Yet another challenge that’s need to be considered in this regard is the existence of an opportunis�c diaspora that’s looking out to point at the shortcomings that might possibly occur with regard to such a complex procedure and thus to level baseless allega�ons against Elec�on Management Bodies. The view of the majority of scholars who are paying a�en�on with this regard is that, prior to ini�a�ng the process of facilita�ng out of country voters with a proper system to vote, the relevant authori�es and stakeholders need to be subjected to a thorough ve�ng process that includes de-poli�ciza�on of the en�re system. The appointment of diplomats as poli�cal favors for various friends and acquaintances of poli�cians, has been taking place as an unacknowledged tradi�on of sorts. We strongly believe that the members of the special parliamentary select commi�ee who have been appointed to inves�gate and propose appropriate mechanisms with this regard, will take necessary ac�ons sans poli�cal biases, to make sure that the right of a populace who are shouldering a greater por�on of economic burden in this country, are bestowed with adequate and reasonably fair means to engage in the decision making process as voters. Special Parliamentary Select Commi�ee

Following are the names of the members appointed for the said special parliamentary select commi�ee that has been instated to devise the programs, mechanisms and strategies to effec�vely mobilize a system in order to facilitate the vo�ng rights of the expatriate workers from Sri Lanka and to conduct necessary inves�ga�ons and iden�fica�ons on related issues with that regard. Chairperson Hon. (Mrs.) Hon. A. D. Hon. Hon. (Dr.) (Mrs.) Sudarshini Fernandopulle Hon. Faizal Cassim Hon. (Dr.) Hon. Hon. Hon. Hon. Hon. Hon. Sunil Handunne� Hon. Hon. J. C. Alawathuwala Hon. S. Shritharan It is obvious that the process of facilita�ng out of country voters with the services required to enable the Hon. M. A. Sumanthiran cas�ng their votes, possibly incurs a colossal cost. Perhaps, such a cost could not be afforded by a country like Hon. A. Aravindh Kumar ours which has not yet been able to reach a higher level of economic prosperity. Yet however, upon taking Hon. Nalaka Prasad Colonne the enormous amounts of public funds squandered by the government into account, a responsible Hon. government can never get away from an obliga�on like the need to facilitate requirements of this nature. Hon. Mujibur Rahuman Therefore, the topmost responsibility of a select commi�ee that has been specifically appointed for this Hon. Gnanamuthu Srineshan purpose, should be able to devise the most appropriate method that can be adopted by a country like ours. The proac�ve efforts which are made with this regard by the Elec�on Commission of Sri Lanka must hence be appreciated immensely. If there are any feedback or comments that you wish to make in rela�on to the contents of this publica�on, please contact us via: Furthermore, if the a�empt to provide this facilita�on to all the migrant workers from Sri Lanka at once is not Editor ( Manjula Gajanayake possible, it could be implemented gradually in a segmented manner. As a pilot project, vo�ng facili�es can ( be made available only for the Sri Lankan armed forces deployed overseas, in a similar manner that has been Publisher Center for Monitoring Elec�on Violence undertaken in India in rela�on to polling sta�ons established in respec�ve embassies and consulates.The Tel: 011 3010664/011 2577334, Fax: 011 2577117, E-mail: [email protected] Web: www.cmev.org next greatest challenge is to devise a program through which the relevant out of country voters could be Special note: In collating and organizing the facts on international context and best practices for this document, numerous made aware of this en�re process. The unavailability of such a comprehensive program will result in lack of publications compiled by International Foundation for Electoral Systems and "International IDEA" were utilized as reference material.

Facilitating the voting rights of Out of the Country Voters 04