Election Commission must canvass for constitutional reforms

All registered political parties and/or candidates contesting any Presidential and Parliamentary Elections should be compulsorily required to submit to the Election Commission, along with the nomination papers, a formal document setting out their respective party or personal manifesto and a declaration by way of a sworn affidavit setting that he/she is a “ fit and proper person” 

Good governance activist Chandra Jayaratne has written to the Election Commission requesting it to canvass for Constitutional Reforms.

In a letter to the Commission he recommends that the Election Commission take the opportunity window now open and seek constitutional reform covering provisions in the constitution relating to the conduct of Presidential and Parliamentary Elections. 

"This submission deals with two specific points, described in detail in the annex. They relate to manifestoes and affidavits suggested to be compulsorily submitted by candidates seeking nomination in contesting the Presidential and Parliamentary Elections," said Jayaratne's letter, copies of which had been sent to President, Prime Minister, Speaker of Parliament, Leader of the Opposition, Party Leaders represented in Parliament, via the Secretary General of Parliament, Attorney General, President Bar Association, President, Organization of Professional Associations and media for public sharing. Following are excerpts:

It is recommended that the Election Commission take the opportunity window now open and seek constitutional reform covering provisions in the constitution relating to the conduct of Presidential and Parliamentary Elections.

This submission deals with two specific points, described in detail in the annex. They relate to manifestoes and affidavits suggested to be compulsorily submitted by candidates seeking nomination in contesting the Presidential and Parliamentary Elections.

Professionally developed, comprehensive and accurate manifestoes, when publicly presented by political parties and contesting candidates, and reviewed, critiqued and debated openly, will strengthen post-election governance practices and the associated public expectations commitment for the elected President and Legislators to deliver on the outlined promises. Such a publication will also permit independent professional, academics and civil society groups to track progress of delivery on promises. 

(Refer https://www.instituteforgovernment.org.uk/manifesto-tracker, https://www.abc.net.au/news/factcheck/promisetracker/?nw=0, https://www.politifact.com/truth-o-meter/promises/biden-promise-tracker/?ruling=true)

Wikipedia describes election promises and campaign promises as promises or guarantees publicly made by political parties and / or contesting candidates trying to win an election. It also observes that across the Western world, political parties are highly likely to fulfil their election promises. Refer to 2017 research regards fulfilling election promises (https://en.wikipedia.org/wiki/Election_promise#:

~:text=An%20election%20promise%20or%20campaign,

to%20fulfill%20their%20election%20promises)

The second submission deals with the nominations seeking candidates’ presenting before the voters and public at large, by way of affidavits submitted to the Elections Commission along with their nominations applications, to publicly demonstrate, justify and be held accountable that they are “‘Fit and Proper Persons’ to hold the elected office”. 

These affidavits should broadly inter alia, set out their personal details, attainments both academically and professionally, track record of achievements, leadership experiences in public life, record of public services, post-election commitments and importantly the lack of any disabilities and negative attributions contrary to not being ‘Fit and Proper’ and further state what steps are being taken to avoid conflicts of interest once elected.

I trust that this submission will receive the consideration of the Commission and will lead to positive leadership action by the Commission.

Submissions to the Chairman and members of the Election Commission of Sri Lanka

For consideration and advocacy as appropriate constitutional amendments

1. Manifestoes of political parties and/or candidates of Presidential and Parliamentary Elections

• All registered political parties and/or candidates contesting any Presidential and Parliamentary Elections be compulsorily required to submit to the Election Commission along with the nomination papers, a formal document setting out their respective party or personal manifesto, clearly articulating their intentions, plans and commitments to be promoted, planned and implemented following successful election. 
• Along with the manifesto the candidates be required to provide associated, estimated incremental cash flow and funds flow statements, indicating clearly the proposed incremental spends consequent to the implementation of the proposals in the manifesto, including therein separately classified both spends of a revenue and capital nature, including specifically the proposed increases in state employment opportunities, salaries, pensions, benefits, subsidies, giveaways, transfers, maintenance, upgrading and reconstructions, new development and new infrastructure spends, etc.; further clearly indicating the method of raising required necessary and supportive revenue, income, grants/aid and loans, in financing and fund the incremental spends promoted, planned and committed to by the candidates; with the estimates provided being duly cross referred with clear notes supporting the assumptions and basis estimation and computations.
• The Election Commission be required to place in a publicly accessible domain, within one week of the acceptance of nominations for any Presidential or Parliamentary elections, the manifestoes and accompanying documentation submitted by all registered political parties and/or candidates contesting any Presidential and Parliamentary Elections.
• Where any candidate fails to provide such a manifesto and associated estimates the Election Commission be duly empowered to reject such nomination applications.
• It is to be further stipulated that the failure to abide by the above requirement and/or knowingly and or wilfully making submissions or statements which tantamount to a misrepresentation of fact and or including any inaccurate or illogical estimation in the manifesto; and/or making any promises, pronouncements or publishing any campaign statements or promotional leaflets, etc., either directly or indirectly or via accredited agents, which promises, pronouncements or distributing campaign statements which falls outside of or exceeds or are contrary to the promises, pronouncements or campaign statements submitted by way of the above stated manifesto and associated documentation, are deemed to be acts contrary to the acceptable conduct of a nominee or candidate and all such miscreant candidates be deemed to have committed an election offence, and be punishable by a duly constituted court of law in Sri Lanka and upon such conviction being affirmed, such candidate is ipso facto deemed to have vacated the elected office.

2. Affidavits to be submitted by candidates seeking to contest any Presidential or Parliamentary Elections

• All candidates contesting any Presidential and Parliamentary Elections be compulsorily required to submit with the nomination papers a declaration by way of a sworn affidavit setting that he/she is a “ fit and proper person”; and 
• In support of such justification table in an annex personal details, attainments both academically and professionally, track record of achievements, leadership experiences in public life, and a record of public services; and further affirm that
• such nominee is not subject to at present, nor will be subject to following such election, to any disqualification in terms of any written law to contest as a candidate or hold such office after election; and
• such nominee is not subject to at present, nor will be subject to following such election to any further disqualifications on account of any conflicts of interest, and / or being in or holding any position or office in any institution or in a contractual relationship with the State or any other institution or corporate body or being engaged with related party commitment, all of which may be in conflict with the role and responsibility to be assumed post election; and
• such nominee is not nor will be subject to upon fresh appointment/election, to any forms of conflicts of interest or related party transactions on account of any close members of the family (including the spouse, children, mother, father, father in law, mother in law, sons in law, daughters in law and step children or any institution controlled or influenced by them); and 
• such nominee shall agree to avoid all such situations of personal interest or related party transactions or any such situations of potential conflicts of interest or related party transactions, or be in a situation where any such personal interest might appear to conflict with the position of responsibility or be perceived as having given preference to personal or family interests so long as he holds such elected office; and
• such nominee has not been alleged to have engaged directly or indirectly, in any acts of abuse, manipulation or unlawful dealings or in any acts contravening the statue law of the State , and
• such nominee has not been alleged to have engaged directly or indirectly, in any acts of violating the provisions of the Public Property Act, Prevention of Money Laundering Act, Declaration of Assets and Liabilities Act and Bribery Act; and
• lsuch nominee has not been alleged to have engaged directly or indirectly, in any acts that gravely violates the sentiment or accepted standard of the community: and
• such nominee has not been alleged to have engaged directly or indirectly in any acts deemed to be acts of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense: and
• such nominee possesses academic or professional qualifications or effective experience befitting the holding of such office; and
• such nominee is a citizen of Sri Lankan domiciled in Sri Lanka; and 
• such nominee is not over 70 years of age as at the date of seeking nominations; and
• and further that such nominee has not been found by any court of law, regulatory or supervisory authority, professional association, Commission of Inquiry, tribunal or other body established by law in Sri Lanka or abroad, to the effect that such person has committed or has been connected with the commission of, any act which involves fraud, deceit, dishonesty, improper conduct or non-compliances with provisions of any statute or rules, regulations, directions, codes of conduct and ethics, or determinations issued there under; and
• such nominee has not been convicted by any Court in Sri Lanka or abroad in respect of an offence involving criminal activity; and
• such nominee has not been found guilty of an offence of moral turpitude involving conduct that is considered contrary to community standards of justice, honesty or good morals; and
• such nominee has not been declared insolvent or declared bankrupt in Sri Lanka or abroad: and
• such nominee has not failed to satisfy any judgment or order of any Court whether in Sri Lanka or abroad, or to repay a debt: and
• such nominee has not been declared by a Court of competent jurisdiction in Sri Lanka or abroad, to be of unsound mind.