New EC responsibilities

Sri Lanka has a new Elections Commission and once the threat of COVID-19 is subdued, it is likely that the Government will forge ahead to hold the long-delayed Provincial Council Elections. But there are several tasks that the EC must push forward with the Government to make polls more transparent, fair and democratic. 

Over several election cycles stakeholders have called for legislation to strengthen the capacity and procedures of the commission. These include measures to ensure equal campaign opportunities by removing all disproportionate restrictions, fostering formal cooperation between the election administration and main social platforms, and adopting special measures as anticipated by the Constitution to remove barriers and promote equal participation of women in public and political life. Perhaps the most important of these is to introduce campaign finance laws in Sri Lanka.

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 on 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.

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. Former Elections Commission Chairman Mahinda Deshapriya was hopeful of this issue being resolved during his term but it failed to materialise. It is now up to the new commission to see this process through and ensure that Sri Lanka’s democracy proceeds as healthily as possible.