For freer and fairer polls

The recently-concluded Presidential Election rightly earned many bouquets for being a peaceful poll. But election monitors had pointed out gaps in the local legal system they called to be bridged to strengthen the Elections Commission (EC). It is important these recommendations are considered before a parliamentary poll.

One key requirement is for the EC to be able to fight misinformation, both on mainstream and social media, which includes improving the public’s digital literacy so they are able to spot fake news better. Another is ensuring that campaign finances are raised and used ethically, especially given the nature of allegations that have surfaced over the past few years.  

Two draft bills, one titled ‘Election Campaign Finance Bill’, prepared by the Election Commission in consultation with poll observers and other stakeholders, and another, prepared by poll monitors, have made no progress since about 2017. However, Elections Commission Chairman Mahinda Deshapriya remains optimistic that they may be passed in time for the General Elections next year.

For several years, election watchdogs have urged lawmakers to be mindful of the importance of publicly disclosing sources of campaign funding as a minimum requirement. The unregulated use of finances could have an adverse impact on the conduct of free and fair elections. The disclosure of campaign contributions, both monetary and in kind, including payments by a contributor to a third party supplier, will significantly reduce avenues for election campaigns to facilitate illegal activity, principally money laundering and undue influence in the electoral process.

In other countries there are provisions for political parties to declare their finances within a certain time period once they are received. Even though the level of transparency varies, there is a strong need for this element of elections to be addressed as well. As a process that spends public money to elect public representatives, who in turn direct public money, it is essential that the entire system is given a legal overhaul to be more efficient.

Sri Lanka already has some laws that call for asset declaration by candidates but these do not cover the heftier party finances. There is also little attention paid by the media to demanding greater transparency over how candidates fund their campaigns or how funds flow between candidates and parties. Foundations established by various politicians or that have political links also campaign on behalf of certain candidates or parties and accept donations for the same. Laws requiring the disclosure of political donations are intended to secure and uphold the integrity of the electoral system and, in turn, the integrity of the decision-making of the Government. The goal is to prevent corruption by exposing those who might seek to wheedle their particular causes to the forefront of policymaking or, indeed, buy influence. Knowledge about who has financed politicians’ campaigns helps to expose potential conflicts of interest. It assists in keeping leaders accountable. Many countries have also evolved other systems to tackle fundraising by other means, especially the internet, where policing by conventional laws can be difficult. 

There are patent concerns that politicians might be persuaded to generate favourable decisions and, thus, appease those who have financed their campaigns. But adverse perceptions can be damaging too. The community’s confidence in the integrity of the democratic process, in the Government itself, might be destabilised on the basis of a perception of a conflict of interest. For this reason these reforms need to become a priority of the current administration and Parliament.