TISL’s Programme for Protection of Public Resources (PPPR) has released the first report highlighting abuses of state assets in the current Parliamentary Election campaign.
PARLIAMENTARY ELECTIONS 2010 – INTERIM REPORT 1
1. INTRODUCTION
The Sri Lankan electioneering process for decades, had been tainted by allegations of gross abuse of public resources. With each passing year, elections recorded an increase in abusive practices that are synonymous with a perverse political culture.
The Program for the Protection of Public Resources (PPPR) in its reports relating to elections conducted in 2004, 2005 and 2010 highlighted the systematic abuse of public resources. The PPPR during the Presidential Election 2010 recorded an unprecedented increase in the blatant abuse of multiple state resources.
Those elected to political office are so elected for the purpose of giving representation to multiple public concerns and are entrusted with political power to make public spirited decisions for which purpose they are maintained by the tax payers’ money. The politicians therefore have a duty devolving on them to exercise the conferred political power with absolute care and to use public resources with a sense of accountability and for the benefit of the public.
It is the inherent duty of every citizen to demand of their political representatives to conform to the law and uphold the trust so vested. Similarly, the citizens should call upon the law enforcement authorities and the Commissioner of Elections to take all possible action to prevent the abuse of public resources for their personal and/or political gain.
The Program for the Protection of Public Resources (PPPR) of Transparency International Sri Lanka (TISL) through this report seeks to evaluate the integrity of the Parliamentary Election 2010 on the specific aspect of the misuse of public resources and non compliance with the directives/guidelines introduced by the Commissioner of Elections in that regard.
2. THE CURRENT POLITICAL ENVIRONMENT
The Parliamentary Election 2010 is of immense historical/political significance. In the aftermath of a 25 year-old violent conflict, this election will enable thousands in the Northern Province as well as bordering districts to elect their representatives without fear of repression by the Liberation Tigers. Yet, an Independent Elections Commission is to be constituted as per the provisions of the 17th Amendment to the Constitution. Given the prevailing political culture, it is of utmost importance to have an autonomous election body to ensure the conduct of free and fair elections. The constitution of such a body would have enhanced the achievement of ending the protracted conflict.
Unfortunately, the non implementation of the 17th Amendment to the Constitution has failed to depoliticise vital public institutions and marked a deficit in democracy. There are practical difficulties that stem form the non implementation such as the lone Elections Commissioner fighting for greater independence whilst his stipulations are treated with scant respect. In this light, it is also an unfair burden upon a single officer with limited resources to shoulder the responsibilities of an entire Elections Commission. It is also an indictment on the role of accountability and responsibility of the said Commission.
The Parliament was dissolved at a time when over 110 MPs were holding ministerial portfolios. The portfolios were a combination of Cabinet, Non Cabinet and Deputy Minister ranks.
According to legislative practice, it is only those holding Cabinet rank who function in a caretaker role and continue to hold their portfolios until the conclusion of the election. It is only the Cabinet members who are entitled to draw from the public coffer during such period.
However, in an unprecedented move the Inspector General of Police, Mahinda Balasuriya sanctioned that all ministers including non- cabinet and deputy ministers be provided with security irrespective of the dissolution of Parliament and the rules and conventions that apply.
In addition to the large number of ministries and departments some of which have identical and/or overlapping functions, there are 168 state corporations and statutory boards along with 93 companies that are under state control. The directors of these public corporations are appointed by the respective ministers and there is not an iota of doubt over the selection procedure of these individuals with the primary qualification being political affiliations rather than merit. The state owned companies are not subject to government audit by the Auditor General’s Department and thus not reviewable by any of the parliamentary oversight committees.
The Parliamentary Election 2010 is also conducted in the absence of Right to Information (RTI) law in Sri Lanka to demand information as a right from the state about specific conduct. This prevents a transparent election process where the conduct and expenditure of public officers, institutions and political parties cannot be subjected to public scrutiny. The legitimate right of the tax payer to know how their money is spent is concealed by the prevailing culture of secrecy.
3. ELECTION COMMISSIONER’S GUIDELINES & DIRECTIVES
The Election Commissioner is vested with the power to prevent the abuse of public resources, stall appointments, transfers and promotions in the public sector and importantly, to ensure that every individual candidate receives an unbiased media coverage during a Parliamentary Election. While exercising the powers vested in him under the 17th Amendment to the Constitution and the Parliamentary Elections Act No 1 of 1981, the Election Commissioner has issued the following guidelines and directives.
1. On 13.02.2010, the Commissioner of Elections through Circular No.PE/2010/04 issued specific guidelines to the Secretary to the President, Secretary to the Prime Minister, Secretary to Cabinet of Ministers, all Ministry Secretaries, The Public Service Commission, the National Police Commission, Chief Secretaries of the Provincial Councils, District Secretaries, Secretaries to the Governors of the Provinces and the Provincial Public Service Commission to take necessary action to prevent the misuse of public resources during the election period starting from the date of proclamation of the election by the President on 09.02.2010 extending up to 08.04.2010. ‘Public resources’ according to the said circular includes state buildings, vehicles and government employees.
2. Guidelines were issued to the electronic and print media on 17.02.2010 instructing the media organisations to abide by the same when broadcasting, telecasting and publishing matters pertaining to the elections.
3. On 12.03.2010 a further directive was issued by the Commissioner of Elections to the IGP to remove all illegal election propaganda material by 15.03.2010.
Despite the directives and guidelines issued by the Commissioner of Elections for the purpose of ensuring the integrity of the election process, the specific abuses noted below points to the blatant non-conformity to the directives and guidelines.
4. SPECIFIC INSTANCES OF ABUSES
As of March 24, 2010, the PPPR has received over 126 complaints from the public and its investigators concerning various abuses of public resources and violations of election laws/guidelines by the candidates.
The following is the verified information.
4.1 USE OF GOVERNMENT EMPLOYEES
The PPPR received over 20 complaints of summoning government employees on the pretext of an official meeting for propaganda meetings of candidates.
4.1.1 TEACHERS
– Mr.Jayatissa Karunamuni, Director of Education, Negombo Zone, had summoned the Principals of the Schools within the Zone for a meeting at the Teachers’ Centre in Bolawalana on 04.03.2010. He had instructed school principals to submit lists of teachers from their tutorial staff who may attend an educational meeting scheduled for the 10.03.2010 at the Negombo Town Hall. A printed form was distributed among the principals for this purpose. On 10.03.2010 the teachers in the Negombo Education Zone were transported in CTB buses free of charge to the Negambo Town Hall at 10am. Former Deputy Minister, Civil Aviation, Sarath Kumara Gunaratne had addressed the gathering emphasizing the type of political support teachers should render towards the government. The Ceylon Teachers Union has lodged a complaint with the Elections Commissioner by letters dated 06.03.2010 and 10.03.2010.
– On 15.03.2010, a meeting organized by Chief Minister, Western Province, Prasanna Ranatunga was held at the Sanasa Meeting Hall in Naiwela, Weyangoda from 9.00 am-12 noon where principals, vice principals and other officials of the Western Zone of the Education Department, were invited to participate in a discussion on education. Director of Education, Mr. Jayaratne, Western Province Chief Minister Prasanna Ranatunga, UPFA candidate for Minuwangoda, Ruwan Ranatunge and Retired SSP and former Police Media Spokesperson Ranjith Gunasekera were present.
Matters pertaining to salaries, loan, and transfers were the subject matter of discussion. A substantial part of time was devoted to the need to establish a stable UPFA administration with strong emphasis on why officials should assist in the political endeavour.
-On 15.03.2010, about 200 teachers of schools within the Western Education Zone were called to the same venue for a meeting. Director of Education Mr. Jayaratne, Western Province Chief Minister Prasanna Ranatunge were present where Governor Sabaragamuwa Province, Janaka Bandara was the chief guest. Director of Education Mr. Jayaratne in his welcome speech said that teachers as educated and intelligent persons should work towards the establishment of a strong UPFA government.
– The Principal of Ananda Balika Vidyalaya, Kotte has through the students called their parents to a meeting to discuss about the school’s science laboratory on 21.03.2010. The meeting commenced at 7 00 am at the school premises. Foreign Minister Rohitha Bogollagama and his supporters distributed election propaganda material at the brief meeting. Subsequently, the principal and the tutorial staff visited Bogollagama’s residence and were later seen canvassing in the Kotte area.
– Zonal Director of Education Anuradhapura, B.M.N Abeyratne through letter dated 10.03.2010 organized a meeting of all the school principals in the Anuradhapura District. The meeting was held during the morning hours of 17.03.2010 at the main hall of the Swarna Pali Balika Maha Vidyalaya, Anuradhapura. Chief Minister North Central Province, Berty Premlal Dissanayake during his speech urged all school principals to cast their preference for his son, former deputy minister Duminda Dissanayaka who is a candidate at the Parliamentary Election 2010.
– 73 teachers from schools in the Colombo District were called to attend a meeting on 18.03.2010 at the Sri Lanka Freedom Party (SLFP) Borella Office at 10 am. President, Sri Lanka Nidahas Guru Sangamaya, Borella Branch addressing the participants pledged that all their problems could be resolved if UPFA Colombo District candidate Thilanga Sumathipala is elected to parliament.
4.1.2 PUBLIC OFFICIALS
– On 16.03.2010, Secretary Defence, Gotabaya Rajapaksa together with Presidential Advisor, J.R.P. Suriyapperuma addressed a political meeting at the Sanasa Public Hall, Naiwela in the Gampaha District. Chief Minister Western Province, Prasanna Ranatunga had convened the meeting in support of Ruwan Ranatunga, a candidate at the upcoming Parliamentary Election. The Secretary Defence in his speech had solicited his support for UPFA candidates of the Gampaha District Basil Rajapaksa and Ruwan Ranatunga.
4.1.3 OTHER GOVERNMENT EMPLOYEES
– A political meeting was held on 16.03.2010 at the Aluvihare Public Grounds, Matale under the patronage of Local Government and Provincial Councils Minister, Janaka Bandara Tennakoon to muster political support through the Samurdhi Niyamakas of the District.
– On 13.02.10 200 Financial Assistants of the schools in the Ratnapura (Education) District were summoned to a meeting held at the residence of Maheepala Herath, Chief Minister for Sabaragamuwa to solicit their support for the Chief Minister’s son Kanaka Herath, a UPFA candidate representing Kegalle District. Consequently, these officers seen canvassing for Herath in the Kegalle District on 15.03.2010, a normal school day.
– A meeting was organized for the family members of civil defence personnel in the Nugegoda Police Division on March 13.03.2010 at the Bomiriya Madya Maha Vidyalaya, (where?) at
9 00 am. Education Minister Susil Premajayantha made the keynote address. The meeting was organized by the Officers-in-Charge (OICs) of police stations on the pretext of discussing the security situation. ASP II Nishantha de Zoysa, ASP III R.P. Senanayaka and all OICs of the Nugegoda Police Division were present at the political meeting.
The teachers who were invited to attend various meetings as identified above have subsequently participated in political gatherings/activities during schools hours impacting on the functions of the respective schools. The Circular issued by the Commissioner of Elections on 13.02.2010 specifically includes government employees within the definition of public resources and the above acts are in violation of the said circular.
Under Chapter XXXII of the Establishments Code, Public Officials are prohibited from participating in political rally or meetings. The PPPR highlighted the violation of the said provisions of the Establishments Code during the Presidential Election 2010.
A similar trend prevails at present in the run up to the Parliamentary Election 2010. Directive 8 issued by the Commissioner of Elections on 13.02.2010 prohibits the organizing of and/or participating in any event by any ministry or any ministry official or employee during the Parliamentary Election 2010 period. It is evident from the above cited instances that the directives of the Commissioner of Elections and the Provisions of the Establishments Code are violated with absolute disregard.
4.2 STATE VEHICLES AND PUBLIC TRANSPORT
The PPPR recorded an unprecedented level of abusing state owned vehicles during the Presidential Election 2010 by candidates. A similar trend has been recorded with regard to the Parliamentary Election.
4.2.1 SLTB Buses
– Some 19 buses belonging to the Hakmana Sri Lanka Transport Board (SLTB) depot was used to transport UPFA supporters for a meeting organized in support of Media Minister Lakshman Yapa Abeywardena at Kotuwegoda. The number plates of the buses were , NA 2319, NA-3264, NA 63-4492, NA-4997,NA-4383,NA-5015, 63-1924,63-4771,62-1907,GB-9918,NA3704,NA4977,61-8816,63-1620,63-3798,63-3814,63-0545, 61-6269 and 62-4652. No payment has been made to the SLTB with regard to the use of the Hakmana public bus fleet.
– 69 buses were released from the Nuwara Eliya, Gampola, Nawalapitiya, Kepptipola and Ragala SLTB depots to transport supporters for a meeting on 20.03.2010 held at Simisitha Ground at the Nuwaraeliya town. It is confirmed that 50 litres of diesel were pumped to each of these buses.
4.2.2 State Vehicles
– 17 belonging to the Ministry of Education have been reportedly removed by Education Minister Susil Premajayantha and Minister for Educational Services Nirmala Kotalawala for election related work. The number plates of the vehicles so removed are
253-1740, 63-4466,64-1573,64-1582,GT-4996, 50-7696,HK 9616, 252-1269,53+-4312,302-0501,302-0500,KA-2293,58-0803,GE-1809,KE-0304,PA-9754 and 57-6489.
– Two vehicles belonging to the Sri Lanka Ports Authority (SLPA) were released for election related work in the Hambantota District. The vehicle numbers are NA-6573 and NA-6571.
– A vehicle bearing registration number 32-3556 and used by the Chairman and Vice Chairman of the Uva Development Bank was used for poster distribution purposes in the Hali Ela area in Badulla.
– A vehicle bearing number LF-4815 belonging to the Hakmana Pradeshiya Sabha was used by supporters putting up posters
– The vehicle HB-5048 of the Sri Lanka Land Reclamation and Development Co-orporation met with an accident in Angunukolapelessa killing the driver and three passengers of the vehicle on 09.03.2010. The vehicle was reportedly driven by the driver under the influence of alcohol while returning after pasting posters in the area.
– A Tata cab bearing registration number JP -5176 of the Ministry of Livestock Development is being used in Hatton and Ginigathhena areas for election related work.
– A vehicle bearing the number plate 253-3819 belonging to the Urban Development Ministry is being used to paste posters in the Matale District.
The Commissioner of Elections under Directive 4 issued on 13.02.2010 has prohibited the use of state- owned vehicles for election propaganda work. The gross abuse of state owned vehicles amounts to a serious violation of the country’s election law.
The hiring of SLTB buses for private purposes is an authorized activity. A large number of buses are released during election time for campaign purposes abusing this provision causing serious inconvenience to the public. The PPPR maintains its positions that buses should not be released even after payment as this provision is abused by political parties during elections. Though released on the orders of politicians, it is also noteworthy that the SLTB is never paid for such services extracted.
5. CONCLUSION
The PPPR reiterates the fact that the abuse of public resources is committed by the very persons in authority and who have physical control over the said resources. The logical consequence to this turn of events is that such blatant abuse is committed by partners of the governing coalition.
The integrity of the Parliamentary Elections 2010 is at stake considering the level of abuse of public resources during this election. The PPPR urge the Commissioner of Elections and the Police Department to play a proactive role to prevent further abuse.
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