PAFFREL calls for Govt.’s honesty over 20A; charges destroying democracy in the name of democracy

People’s Action for Free and Fair Election (PAFFREL) yesterday in a statement called for honesty from the Government with regard to the 20th Amendment. 

Following is the full statement of PAFFREL issued by its Executive Director Rohana Hettiarachchie:

A 2/3 majority parliamentarians elected to the Sri Lanka Parliament through the people’s vote are honoured for passing the amendment of the Provincial Council Act endorsing that future provincial council elections should be conducted in a mixed system. We accept that it is a positive thing to hold the upcoming Provincial Council Election in Electoral and Proportional Representation system. Furthermore, we respectfully acknowledge the duty and right of the Parliament and Members of Parliament to produce legislation. 

However, we expect that this process should take place in a way that does not damage or underestimate the people’s trust and respect for the basic values of democracy, demonstrating true representation of the people and Parliament.

The Act passed in Parliament contains provisions for the increase of women’s representation through the legislation, but the delay in holding elections due to the above mentioned provision is a failure of a government that is governed by good governance. This is not expected by the public by any means.

PAFFREL and many other parties were opposed to the 20th amendment to the constitution, and the Supreme Court had to refer to the opinion of the Government on the basis that it was not only due to elections being postponed but most importantly without consulting the people (referendum). As a result, taking these points into consideration, the Supreme Court has also ruled that it needs 2/3 Parliamentary approval and a referendum.

Whatever the contents of the Act passed on 20 September 2017, the final outcome is that the Provincial Council elections are postponed indefinitely. Although it is not directly related to the 20th Amendment, it is similar to a case of this nature. Therefore, the Government has to pay attention to whether or not it is honouring the Supreme Court’s ruling in an honest manner or not. Further, to which extent the Government honours the Supreme Court’s ruling is another question. Has the Government given serious thought to this subject?

Also, the bill was passed as an urgent amendment to the Bill that was submitted with the aim of increasing the women’s representation. However, this is a serious amendment to the electoral system of the country where there is an absolutely different picture of the electoral system of the country where there is no direct connection with the purpose of the basic act. Whether it is good or bad, the fact is that no one could challenge it by submitting it at the committee stage. In the name of democracy, it was passed in Parliament with a 2/3 majority vote. This gave a nice picture about the country to the world with regard to public confidence, representative democracy and the political culture in Sri Lanka. It shows once again that in future, that a party with the majority in Parliament will be able to pass anything in the name of democracy. We still have not learnt a lesson from the 18th Amendment.

However, we request His Excellency the President, the honourable Prime Minister and the Government to table the amendment of the Parliamentary Elections as mentioned in the Elections Manifesto and that it should be amended before the end of the Parliamentary term. Otherwise the Parliamentary election will also be at risk. Similarly we would like to request the Government to bring the relevant amendment to the municipal council, urban council, local council ordinance and hold the election soon.

We respect the laws and regulations of the legislature, and we believe that the legislature will also defend the dignity and confidence of the people by acknowledging the right of citizens to examine and challenge them whenever they wish. Finally, we would like to point out that the sovereignty of the people is a reality in such an environment. It should uphold the supremacy of the ordinary man at any given instance.