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Presidential Election and Attempts at Intimidating Judiciary: March 12 Movement Speaks Up

The ‘March 12 Movement for Clean Politics’ organized a media conference in Colombo today (July 10) to discuss the developments surrounding the upcoming Presidential Election and the attempts at intimidating the judiciary and disregarding judicial decisions.

Key points expressed by the speakers:

Rohana Hettiarachchie, Executive Director of People’s Action for Free and Fair Elections (PAFFREL) and Co-Convener of the March 12 Movement:

The ground is now clear for the Presidential Election. With the Supreme Court’s decision announced a couple of days ago, it is confirmed that the incumbent President’s term is five years. The government has allocated the funds for the election, and the Election Commission of Sri Lanka has already engaged with stakeholders such as the Department of Government Printing, Police, and the Postal Department to conduct the election.

However, there are instances of misusing ruling power and public funds in favor of one candidate. Government machinery is heavily misused for political campaigning, which is troubling. The Election Commission has the authority to act against such instances, as the Local Authorities Elections Ordinance is still operative despite the postponement of the LG Elections.

The new campaign finance law can only be applied once nominations are called, but some parties have already spent over half of their election budget. This shows the necessity to apply this law at least three months before an election is called.

The government has been making deliberate attempts to create uncertainty about holding the election. Any amendments requiring a referendum should be avoided at this juncture. The Election Commission should declare the Presidential Election on the first date it gains constitutional power to do so, ending speculations of delay.

Nadishani Perera, Executive Director, Transparency International Sri Lanka, and Co-Convener, March 12 Movement:

The March 12 Movement denounces the President’s attempts to undermine the separation of powers between the Executive and the Judiciary with statements that create a chilling effect on judges. The President’s recent remarks in Parliament proposing a Select Committee to review the Supreme Court’s determination of a Bill is a clear override of executive powers. Additionally, the Justice Minister made derogatory remarks about the judiciary over personal issues. The Judiciary acts as the guardian of citizens’ rights, providing checks and balances against the Legislature’s abuse of power through judicial review of bills. The Legislature is not above the Constitution. The President’s defiant criticism of the Supreme Court’s verdict disturbs the balance of power and sets a bad precedent. The March 12 Movement calls on citizens to stand against democratic backsliding and urges the President and the Government to use their powers responsibly.

The people have recently demanded a “system change.” The March 12 Movement is keen on identifying who or which party genuinely supports this change. The Government has received financial and other resources from international donors for anti-corruption reforms but has been slow to implement these reforms compared to the speed of tax increases. Public servants should avoid political campaigning. No politician will rescue them if they face legal action.

Dr. Paikiasothy Saravanamuttu, Executive Director, Centre for Policy Alternatives (CPA):

The Supreme Court’s clear judgement that the incumbent President’s term is five years should put an end to debates about the election date. In a functioning democracy, elections are essential for choice and change. Post-Aragalaya, there is greater public interest in democracy and governance. Upholding this hope is crucial for progress.

Darshatha Gamage, Head of Programmes, Hashtag Generation:

With the election approaching, people should consume social media responsibly. There is a rise in misleading information targeting the election. Citizens should be rational and prudent online. The Government has recently violated people’s rights. The country needs people-oriented governance that respects the democratic framework and the Constitution.

Manjula Gajanayake, Executive Director, Institute for Democratic Reforms and Electoral Studies (IRES):

The abuse of public funds for political campaigning before the election is troubling. Citizens should act as election observers to ensure a free and fair election. The Election Commission has the power to investigate election law violations on its own accord. This is the first election where campaign finance laws will apply, and about 150,000 youths who recently turned 18 will vote. This election may also see significant use of Artificial Intelligence (AI).

The Basnayake Nilame of the Ruhunu Kataragama Maha Devalaya has declared his assets and liabilities, setting a commendable example. Presidential candidates should also provide public access to their declarations.

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