TISL calls on EC to strengthen regulations to prevent abuse of State resources during campaigning

• Warns existing circular insufficient given heightened relief demanded by COVID-19
• Says demarcation between election handouts and COVID-19 relief needs to be clearer
• Concerned that holding an election in the middle of COVID-19 will limit observers and their ability to mitigate Election Law violations
• Raises concerns of Constitutional conundrum    

Transparency International Sri Lanka (TISL) yesterday wrote to Elections Commission Chairman Mahinda Deshapriya requesting stronger measures be taken to prevent the abuse of State resources during campaigning for the Parliamentary Election.

In the letter TISL appealed for the updating and expansion of the circular already in place to safeguard State resources, pointing out that given the background of State action in response to COVID-19, the provisions within the circular may be inadequate.

“We are conscious of the essential relief work, which is having to take place. We are also aware that one of the longstanding challenges in Sri Lankan elections has been the abuse of State resources during the campaign period. In light of relief work having to take place during the campaign period we believe the current circular 2020/03 issued 3 March 2020 on State resources is inadequate for these exceptional times. The circular itself recognises the election date as 25 April, which was fixed prior to the full understanding of the COVID-19 pandemic and its impact,” the letter said.  

The TISL pointed out the Commission should therefore consider updating this circular, which would incorporate specific provisions around the current context surrounding relief efforts. This would aid public servants and observers in distinguishing between relief work and State resource abuse, the watchdog added. “This distinction is essential given that relief work will need to inevitably continue in an efficient and effective manner during the campaign period.”

Given the restrictions on movement, there will be an unavoidable impact on the mobility of observers, at the upcoming elections and the deterrent effect on potential violators by the presence of observers will also be significantly reduced, TISL warned. “This further reinforces the need to update the circular to ensure public officials and the general public is equipped to be ever more vigilant.”

TISL also raised concerns over the potential Constitutional issue that has been raised by the Elections Commission in deciding to hold the elections on 20 June, well past the last date Parliament should meet, which was 2 June.

“Beyond our mandate on State resource abuse we also have a concern of the announced election date, which could be found to be inconsistent with the Constitution Article 70 Paragraph 5 in terms of convening the new Parliament. This in turn could call to question the legitimacy of both the election and its ensuing result,” TISL said.