Lawyers’ Collective expresses concern over Commission of Inquiry on Electoral Process

The Lawyers’ Collective in a release yesterday expressed its profound concern about President Ranil Wickremesinghe’s recent appointment of a Commission of Inquiry, with retired Chief Justice Priyasath Dep PC as its chair. This commission’s mandate is to examine all existing election laws and regulations, ostensibly “to suit current needs” and make necessary recommendations for their amendment.

The Lawyers Collective highlights that, according to the Constitution, the Elections Commission is already mandated to issue guidelines to the media and political parties for the proper conduct of elections. It has also prepared numerous reports on many of the matters outlined in the Gazette Notification. The notice published in the Gazette outlines several objectives, many of which fall within the purview of the Elections Commission, the constitutionally mandated body responsible for ensuring the conduct of free and fair elections.

This has led to concerns about the motives behind the Commission’s appointment. The ostensible objectives of this Commission of Inquiry include: • Formulating an electoral system that blends the first-past-the-post system and the proportional representation system. • Increasing representation for women and youth. • Reducing the time between the declaration of an election and the release of results. • Exploring opportunities for electronic voting. • Facilitating voting for Sri Lankans overseas. • Expanding the use of postal voting. The notification also charges the Commission with making recommendations for the formulation of media standards for the appropriate use of media by political parties and independent groups and introducing a code of conduct for political parties, independent groups, and their membership in performing political and public affairs.

Additionally, the Commission is tasked with suggesting ways to strengthen laws and regulations related to the registration and operations of political parties, ensuring public trust and accountability. The Lawyers’ Collective notes with deep concern that the notification specifically calls on the Commission to explore the possibility of allowing an individual to contest two elections for the selection of people’s representatives and to hold positions in both institutions simultaneously if elected. The Collective is of the view that such a provision completely undermines the electoral process in a democracy.

The Lawyers Collective underscores that the Commission of Inquiry has been appointed without any prior consultation, even with recognized political parties in Parliament. While electoral reforms are indeed imperative, we know that there have been Select Committees and other entities previously appointed to make recommendations to change the system. No action has been taken on these proposals for decades. The Lawyers’ Collective is very concerned about the timing of this particular proposal. There is an apprehension that these appointments might be intended to stall the electoral process in the country, especially when, according to the Constitution, the Presidential Election is just 11 months away and is set to be conducted between September and October 2024.

The Lawyers’ Collective also notes that, prior to the President withholding funds for the Local Authorities Elections, the Prime Minister appointed a purported delimitation committee, ostensibly to reform the electoral process for Local Authorities. Following this and despite a specific order of the Supreme Court preventing the treasury from withholding the funds for the holding of the Local Elections, the President and the Government continues to withhold funds for the election. In light of the above considerations the Lawyers’ Collective calls upon the President not to use this Commission as a pretext to delay constitutionally mandated electoral processes. It also calls on the President to ensure that by legal design and for political advantage there is no further interference with elections and democracy at large.

The statement has been signed by Rienzie Arsecularatne PC, Prof Savitri Goonesekere, Upul Jayasuriya PC, Dr. Jayampathy Wickramaratne PC, Geoffrey Alagaratnam PC, Dinal Phillips PC, M.M. Zuhair PC, Anura Meddegoda PC, Saliya Pieris PC, S.T. Jayanaga PC, Prof Camena Guneratne, Upul Kumarapperuma AAL, K.W. Janaranjana AAL, Srinath Perera AAL, Ermiza Tegal AAL and Manoj Nanayakkara AAL.