Upload
sanjana-hattotuwa
View
235
Download
0
Embed Size (px)
Citation preview
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
1/75
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
2/75
Page 2
All rights reserved
(c)Centre for Monitoring Election Violence (CMEV)
Material from this publication may be used with acknowledgement given to
the CMEV
For further information please Contact:
Centre for Policy Alternatives
24/2, 28th Lane,
Off Flower Road,
Colombo 07
Sri Lanka
Tel: +94 11 2565304-6,
Fax: +94 11 471460
E-mail:[email protected]
Web:www.cpalanka.org
www.cmev.wordpress.com
October 2013
mailto:[email protected]:[email protected]:[email protected]://www.cpalanka.org/http://www.cpalanka.org/http://www.cpalanka.org/mailto:[email protected]7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
3/75
Page 3
Contents Page No
Executive Summary 04 - 06
Pre Election Monitoring
Press release (field visit report) 08 - 16
2nd Press release 16 - 17
3rd Press release 18
4th Press release 19
5th Press release 20
6th Press release 21
Mullaitivu District Pre-Poll Report(Situation Report) 22 - 25
Joint Statement issued by Main Elections Observation Missions in Sri Lanka 26
7th Press release 27 - 29
Pre- Election Tabulation Figures 30 - 33
Pre-Election Charts according to Tabulation Figures 34 - 37
Photographs of CMEV taken during NPC Election campaign 38 - 41
http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/northern-provincial-council-election-2013-mullaitivu-district-situation-report/7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
4/75
Page 4
Election Day Monitoring
1stPress release 43 - 45
2nd press release 46 - 48
Election Day incidents Summary by Polling Division 49 - 65
Election Day Violence Tabulation Figures 66 69
Election Day Violence Charts according to Tabulation Figures 70 - 72
A comparison of voter turnout of recent three elections 73
Profile of Voter Turnout of Recent Elections 74
Media coverage of CMEV 75 - 77
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
5/75Page 5
Executive Summary
________________________________________________________________________________________________________
Introduction: Context
The Northern Provincial Council election, the first provincial election in
the province for 25 years was held on the 21st
of September 2013. The
Tamil National Alliance (TNA) won a resounding victory, securing 30 out
of the 38 seats in the Council a four -fifths majority. The United Peoples
Freedom Alliance (UPFA) won 07 seats and the Sri Lanka Muslim Congress
(SLMC) won 01. Voter turnout was recorded at 67.52% with 7.5% of the
ballots cast being rejected.
Given its potential for a full- fledged return to civilian administration inthe Northern Province and accordingly, its significant bearing on
democracy, reconciliation and unity in post-war Sri Lanka four years after
the military defeat of the LTTE, the election was welcomed nationally and
internationally. First referred to by the president in an interview with
the Hindu newspaper in July 2012, in which he said that the election
would be held by September 2013, the holding of the election by that
date was by no means assured. Groups within the ruling UPFA
government such as the Jathika Hela Urumaya (JHU) and the National
Freedom Front (NFF) were at the forefront of attempts, eventually,
unsuccessful, to suspend the holding of the election as well as to removethe land and police powers granted to provincial councils under the
constitution.
The holding of the election, which was also welcomed in the March 2013
resolution on Sri Lanka in the UN Human Rights Council (UNHCR), is
widely believed to be attributable to international pressure from India in
particular and a pledge made to the government of Japan that the
election would be held by September 2013. Indian involvement to this
effect was acknowledged by the newly elected TNA Chief Minister, C.V.
Wigneshwaran following a meeting with Indian Foreign Minister Salman
Kurshid in Colombo, soon after he was elected. It is believed that Indian
support for the holding of the November 2013 Commonwealth Heads of
Government Meeting (CHOGM) in Colombo, was employed as a key
source of leverage in this respect.
Monitoring
CMEV commenced its monitoring of the election on 1st
September 2013
through the deployment of field monitors in each of the provinces
polling divisions. Field monitors were trained and asked to swear a
pledge of independence and impartiality before being deployed to the
field. Once deployed, they were supported by staff based at the
headquarters of CMEV in Colombo. The latter further corroborated
incidents reported from the field before releasing communiqus to the
media.
On election day CMEV had, in addition to its field monitors a total of 283
monitors of which 27 were in 12 mobile teams and 240 were stationed in
polling centres throughout the period of polling. CMEV is one of two
national election monitoring organizations permitted by the Elections
Commissioner to station observers in polling centres throughout the
period of polling.
CMEV recorded 27 Major Incidents of election-related violence during the
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
6/75Page 6
campaign and 57 Minor Incidents. In most cases (20), the alleged
perpetrator identified by party affiliation was the UPFA.
On Election Day, CMEV covered 616 polling stations or 71.68% out of a
total of 851 polling stations 830 in the north and 21 for internally
displaced persons (IDPs) in Puttalam. Of the 34 Major Incidents recorded
on Polling Day, the UPFA was identified as the alleged perpetrator in 13
incidents. In the majority of such incidents- 18- the party affiliation of the
perpetrators was not identified.
Observations
As elaborated in the attached situation and incidents reports,
militarization was and continues to be the major impediment to the
enjoyment of civil, political and socio-economic rights in the province.
The exercise of the franchise is no exception to this. CMEV as well as
other monitors recorded a number of complaints of threat and
intimidation allegedly by members of the security forces including the
Civil Defence Force, Their involvement in the campaigns of ruling party
candidates four in particular were mentioned in this regard- and even
intimidating presence on election day.
Militarization was underscored in the remarks made by the UN High
Commissioner for Human Rights at the end of her visit to Sri Lanka just
under a month before the election 25-31 August 2013- and as required
by the March 2013 resolution on Sri Lanka in the Council, in her oral
remarks to the Council just after the election. The High Commissioner
expressed her grave concern that civilians who had met with her had
been questioned by the military before and after their meeting with her.
The extent of militarization in the daily lives of the civilian population and
the political objectives it serves, attests to its embedding and
institutionalization in the context in which the election campaign and
polling was held. In this respect militarization clearly undermined the
integrity of the electoral process, with the overall voter turnout figure
and result representing a popular backlash in defiance against it.
De- militarization of the north has been called for in the Final Report of
the Lessons Learnt and Reconciliation Commission (LLRC). CMEV
unequivocally endorses this recommendation and calls upon the
government to implement it as a key element of the post-war
reconciliation process and an unquestionably necessary one in a post
conflict situation defined in terms of the sources of conflict being neither
sustained, nor re-produced.
Another egregious violation of the law and challenge to the integrity ofthe electoral process was the flagrant abuse of state resources by the
ruling party throughout the campaign and on polling day. This is by no
means peculiar to the Northern Province and has plagued elections of
every type throughout Sri Lanka with the exception of elections
conducted after the Seventeenth Amendment to the Constitution was
promulgated in 2001 and the independent oversight commissions for the
police and public service it provided for, established.
The jettisoning of the Seventeenth Amendment and its replacement by
the Eighteenth Amendment provides an enabling environment for thisabuse, which in turn saps at public confidence and trust in the electoral
process, the basic mechanism of choice and change in a functioning
democracy. The Eighteenth Amendment effectively gives the president
free rein over key agencies of the state responsible for governance
including the police and public service as well as removes terms limits on
the office of the president. Constituent organizations of CMEV such as the
Centre for Policy Alternatives (CPA) took the lead on behalf of civil society
in defending the Seventeenth Amendment and in opposing the
Eighteenth. Electoral violence and malpractice was a catalyst for the
Seventeenth Amendment and we call upon the government to reinstitute
the Seventeenth Amendment, the independent oversight commissions
which serve as checks and balances on the exercise of executive power
and authority in particular. We note that this is underscored in the LLRC
report as well.
Concern, which CMEV also shares, was raised during the campaign period
over the involvement of the Governor of the Province in the election
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
7/75Page 7
campaign of the UPFA. This compounded the controversy over the role
and powers of the Governor and the impact of this on meaningful
devolution in practice in the wider context of devolution in the Northern
Province. It raises serious issues with regard to the conduct of state
officials in elections, especially of key officials who have to work with
elected representatives from a variety of political parties and most
importantly in a situation in which the relationship with elected officials is
of fundamental importance to the workings of the constitutionally
ordained scheme of devolution. CMEV hopes that state officials will at all
times demonstrate in word and deed a commitment to uphold the
constitution of the country with independence and impartiality and
without fear or favour. Moreover, their failure to do so must result in
disciplinary measures and when warranted, after due process, removal
from office.
CMEV is also concerned about restrictions placed on the media, the
blocking of certain websites and the publication of misinformation.
CMEV notes that before the election was announced and the campaign
commenced, the distribution centre of the regional newspaper Uthayan
was destroyed in Killinochchi and later in Jaffna, its printing press. The
free flow of information and exchange of ideas is integral to the process
of choice and change an election constitutes in a functioning democracy
and must be upheld. Once again this underscores the importance of the
Seventeenth Amendment and the empowered Election Commission it
allows for in protecting and strengthening the fundamental rights of the
electorate.
CMEV recognizes the work done by the Department of Elections and
other monitoring organizations on voter education and the system of
voting. We note however that the 7.5% figure for rejected ballots is high
and urge that in future elections a concerted effort is made by the
authorities as well as political parties to address this well in advance of
the commencement of the election campaign.
CMEV welcomes the decision of the Election Commissioner to mix ballot
boxes from different administrative divisions at the counting stage so as
to make attempts at the identification and tracking of ballot papers and
location even more difficult. We note with extreme regret, however, that
monitors were once again not allowed into the count. This is a major
impediment to comprehensive civil society monitoring of the electoral
process. We call upon the Commissioner and politicians to recognize the
importance of local monitors and accordingly, accord them recognition in
election laws with clear and comprehensive elaboration of their role and
functions in light with international standards.
Acknowledgements
CMEV wishes to acknowledge the work of the Commissioner of Elections,
his officials in Colombo and throughout the Northern Province, as well as
the Police in the holding of the Northern Provincial Council Election.
Furthermore, the cooperation and assistance extended to CMEV greatly
assisted us in our work.
CMEV also acknowledges the financial support of the National
Democratic Institute (NDI) which made its monitoring of this historic
election possible.
Finally, we salute the voters of the Northern Province for braving threat
and intimidation in large numbers and overcoming a host of other
challenges to exercise their franchise. This ensured that though the
integrity of the electoral process was undermined, the final result
reflected the overall wishes of the electorate.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
8/75Page 8
Pre- Election Monitoring
______________________________________________________________________________________________
Northern Provincial Council Election - 2013
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
9/75Page 9
No: 24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460
E-mail:[email protected] Website: www.cpalanka.org
Northern Provincial Council Election 2013
Communiqu No 1
13th
September 2013
The Centre for Monitoring Election Violence (CMEV) officially
commenced the deployment of field monitors in the five districts of
the Northern Province on 1st
September 2013. Prior to this, the
CMEV secretariat in Colombo monitored incidents of election
violence through media reports and volunteers on the ground and
from 2nd
to 4th
September 2013, CMEV conducted a field visit to the
districts of Killinochchi, Mullaitivu and Jaffna. The field visit focused
on peoples attitudes towards elections in general and the
obstacles, if any, to ensuring a free and fair election in the unique
socio-political circumstances prevalent in these districts.
This report is based on interviews conducted with Community
Based Organizations (CBOs), Social Workers, Youth Groups and
religious leaders during the course of the field visit and is supported
by desk research. In order to ensure their safety, the names of
those who were interviewed have been withheld. The Report also
includes incidents reported by CMEV field monitors and complaints
made directly to the CMEV secretariat in Colombo.
Background
There is the lower incidence of election related violence in the
Northern Province as compared to the other two provinces in
which elections are being held on the 21st
of September 2013. This
is probably attributable to there being only one major rally in the
province as of 4th
September and election campaigns are yet to
intensify.
The most common sentiment expressed by community groups was
that they did not see elections as having a significant long -term
impact on their quality of life. Whist some said that it was
important to participate in the electoral process, other
interviewees from villages such as Ellukadu and Muhumali in
Killinochchi district stated that villagers are pre occupied with day
to day activities - they struggle to meet basic needs and are least
interested in voting. This sentiment was echoed in several parts of
the Mullaitivu district.
Key areas of Concern
Although the level of enthusiasm for elections, specific concerns
and the experience of individuals varied from one district to the
other and even between urban and rural areas in the same district,
there were several recurring themes which were common across all
districts and which have been highlighted below.
A. Military Involvement in the Electoral process
Although senior military and government officials maintain that the
number of troops in the Northern Province has been reduced,
CMEV monitors observed that the military was a constant presence
in daily activities within the Province. CMEV observed especially
large numbers of military personnel in the Mullaitivu district as
http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/http://www.cpalanka.org/northern-provincial-council-elections-september-2013/7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
10/75Page 10
compared to Jaffna and Killinochchi Districts.
Multiple forms of military involvement in the daily activities of
civilians, which have a direct impact on the electoral process, are
detailed below.
1. Role of Civil Security Department in the Northern ProvinceThe National Home Guard Service was established as a
Voluntary Service in the mid 1980's to protect the border/
threatened villages was re-structured to establish the Civil
Security Department by Gazette notification No. 1462/20
dated 13th September 2006. The current role of theCivil
Security Department(CSD) is as follows:
Agriculture Projects Manufacturing of Bricks Poultry Farms Assisting the Department of Archaeology in restoring
archaeological sites
Development of Roads and Towns Conducting of Primary Schools/ Pre Schools. Providing Security to Government Institutions (such as
Courts, Banks, Wild Life Conservation etc.)
Functioning of Garment Factories and the BlacksmithsWorkshop.
Training of Private Security Personnel. Special Tasks given by the Ministry of Defense.CBOs and civil society activists in Killinochchi stated that job
opportunities have been provided in CDS run farms and for
preschool teachers who are paid by the CDS to teach in pre
schools in the district. Several individuals alleged that
recruitment of farmers and preschool teachers are overseen
by two well know UPFA candidates in the Killinochchi
district.
In addition to the concern regarding the increased
involvement of military- quasi military state functionaries in
civilian administration, CMEV representatives were also
made to understand that there are serious concerns that
the military involvement also has a party-political dimension
to it. A consistent complaint heard across the Killinochchi
district was that job opportunities are provided on the basis
of party political affiliation rather than merit and that on
many occasions candidates who had the required
qualification have been rejected and candidates with lesser
qualifications and experience have been recruited as they
enjoyed political patronage.
When CMEV questioned the interviewees as to why
individuals were applying for jobs with these military units
whilst simultaneously raising concerns about the
militarization in the Northern Province, the most common
response was that many of these appointments came with
attractive salaries- it is reported that the pre-school
teachers were paid Rs. 18, 000 a month. In a context where
many individuals- especially in the Mullaitivu and
Killinochchi districts- are struggling to find livelihood
opportunities to sustain their families, interviewees stated
that it was hard to ignore such employment opportunities.
2. Army SurveillanceAnother common concern of people in all three districts was
of being monitored by Military Intelligence. Movements of
visitors and local gatherings are closely monitored. A social
worker in the Mullaitivu district reported that military
http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=60http://www.csd.lk/index.php?option=com_content&view=article&id=53&Itemid=607/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
11/75Page 11
persons in civil attire attend even parent - teacher
meetings.
A social worker in Killinochchi reported that village
functions and meetings are closely monitored by military
groups. Even if intelligence officials do not participate in a
meeting, villagers are subsequently questioned regarding
the meetings they attend and especially about discussions
they have with outsiders or visitors. In Jaffna an individual
informed CMEV that the surveillance was so sophisticated
that intelligence officials obtained a copy of a drama staged
by a Youth Group from the person hired to video the event
and subsequently questioned several members of the Youth
Group on the contents of the drama.
This degree of surveillance has created an atmosphere offer
and intimidation among people in the North Province.
Coupled with allegations that the military is supporting
UPFA candidates, this stifles political space and the room for
political discussion. People residing in the Northern
Province do not enjoy the freedom to express their views
and thoughts due to the pressure of being monitored and
harassed. Therefore the available political space in the
province, post-war, is at best limited.
3. The Role of Civil Security Committees (CSC)The Civil Security Committee (CSC) stems from a body,
which was originally created at the Grama Niladhari Division
level to operate as a social welfare organization. Initially
when these committees were formed they comprised of
civilians, however, subsequently the Police and the military
too volunteered to take part in the process. Several
individuals alleged that CSCs are used to gather
intelligence.
CMEV interviewed a member of a CSC in the Killinochchi
district who said "there is no work done in terms of
providing services, but what's really going on is that, they
(military) just want to gather information from us". Persons
who are invited to join the CSC are mostly those who are
active in social work. Therefore, focusing on them and on
their work is key to intelligence and information gathering
in the community. The member of the CSC further affirmed
that, most often than not, if they met with anyone deemed
suspicious by the military, the military would wait to find
out the nature of the meeting and the information
exchanged.
4. Direct Involvement of Military Personnel in Campaigning.An eye- witness in the Navanthurai area reported that themilitary was engaged in the election campaign of UPFA
candidate M. Remedius. The individual alleged that he saw
military personnel putting up posters of Mr. Remedius in
the early hours of the 25th
of August 2013. A villager from
Navanthurai reported that at a function conducted by the
military on the 26th
of August 2013 to distribute temporary
shelter equipment to villagers, Mr Remedius was engaged in
election campaigning and that large hoardings of the
candidate were visible in the background during thefunction.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
12/75
Page 12
B. Issues Relating to the Electoral List
The 2012 electoral list will be used for the forthcoming NPC
election. The Northern Province consists of two Electoral
Districts. The Jaffna Electoral district includes both the Jaffna and
Killinochchi administrative districts whilst the Vanni Electoral
district is comprised of the Mannar, Mullaitivu and Vavuniya
administrative districts.
The Centre for Policy Alternatives in afield reportpublished in May
2013 highlighted the need to ensure the rights of the displaced at
the time of the annual revision of the electoral register.
In June 2013, the government took steps to enact theRegistration
of Electors (Special Provisions) Act No.27 of 2013 with a view to
restoring the right to franchise of persons who were living in
displacement when the revision of the 2012 electoral registercommenced, by registering such persons in a Supplementary
Electoral List. However the number of persons who have actually
been included in the supplementary electoral list is relatively low.
Jaffna Electoral District Vanni Electoral District
Jaffna
District
Killinochchi
District
Mullaitivu
District
Vavuniya
District
Mannar
District
No. Of
registered
voters as per
the 2012
electoral list.
426,703 68,589 52,409 94,367 72,420
No. of
registered
voters in the
supplementary
electoral list.
110 11 1,274 277 3,317
Total No. of
persons eligible
to vote at NPC
election.
426,813 68,600 53,683 94,644 75,737
(Sources: The Department of Elections Sri Lanka)
This has resulted in a large number of persons who resettled during
the past two years being deprived of their right to vote. In the
Pudukuduirippu East Grama Niladhari Division Mullaitivu district-
where approximately 300 families reside, only 150 persons have
been registered to vote as per the 2012 electoral list and only a
further 47 persons were registered on the supplementary electoral
list.
Many individuals who are unable to vote in the upcoming NPC
election stated that they were either unaware of the process to
register formally displaced persons in the supplementary electoral
list or that they had been informed that only those whose names
appeared on the 2011 electoral list but were removed from the
2012 electoral list, could apply to be re-registered.
C. Lack of Awareness amongst voters
This was another common theme that was repeated by various
actors especially in the Vanni. As this is the first time in 25 years a
Provincial Council election is taking place in the Northern Province,
even in areas with highly literate populations who have
participated in several elections, there is confusion as to how to use
http://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-Districthttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://documents.gov.lk/Acts/2013/Registration%20of%20Electrors%20(Special%20Provisions)%20Act%20No.27/Act%20No.%20(E).pdfhttp://www.scribd.com/doc/139678633/Field-Report-Jaffna-and-Killinochchi-District7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
13/75
Page 13
preference votes.
CBOs in Killinochchi stated that in remote villages such as
Thirunagar, Barathipuram and Selvanagar, communities have been
informed by certain UPFA candidates and Samurdhi officers that
their ballots could be traced, including party preference, with the
use of information technology. Implicit in this statement is the
threat that individuals who obtain state welfare will not be
provided with such facilities in the future if they do not vote for the
UPFA. This threat is even more serious when considering that many
of these individuals do not have access to livelihood opportunities
and are completely dependent on state welfare.
It was further alleged that especially in the Killinochchi district that
individuals directly working under CSD (farmers, preschool
teachers) have been informed by CSD officers that they are only
eligible for postal votes and that they should hand over their voting
card to CSD officers once they receive them. They were further
informed that in any event their vote had been taken care of.
D. Abuse of Government Property/ Resources.
The Samurdhi Authority comes directly under the purview of the
Ministry of Economic Development. Since its inception there have
been allegations of use of Samurdhi officers for election
propaganda activities by the government. A similar pattern was
observed in the Northern Province where there were constant
complaints that Samurdhi officers were engaged in door to door
propaganda activities for the UPFA and were also used as tools to
recruit people to attend election meetings organized by UPFA
candidates. (See also above Military Involvement in the Electoral
process and below Election Related Violence)
Serious concern was also raised about the activities of the
Governor of the Northern Province. Because the NPC does not have
an elected Board of Ministers the provincial administrative service
is completely under the control of the Governor. Allegations of
misuse of government property by the Governor include; Use of
the Northern Governor's official residence for meetings of the
UPFA candidates, addressing election meetings in support of the
UPFA candidates and use of government servants in the Northern
Province to campaign for the UPFA.
CMEV notes with concern that the Governors misuse of his official
position has been characterized as a legitimate exercise of his
functions and have in fact been given wide publicity by state media
outlets. CMEV would like to place on record that it is a well-
established principle of Sri Lankan law that public officials (elected
or unelected) hold the power/ resources allocated to them in trust
for the general public of Sri Lanka and not for their own personal
benefit. Using such public power for the benefit of one political
party or group of individuals is a violation of this public trust.
E. Election Related Violence
The number of serious incident of violence in the Northern
Province has been relatively lower than those reported from the
Central Province and the North Western Province. However several
important trends need to be highlighted;
Firstly unlike the Central and North Western Provinces the
Northern Province has a heavy military presence (discussed above).
The fact that these incidents -such as particular candidates
brandishing fire arms publicly and with relative impunity- occur
despite the heavy military presence is cause for serious concern.
Several civil society members interviewed in Jaffna pointed out that
such incidents are cause for fear and resignation amongst the
general public that the perpetrators of violence are above the law
http://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presencehttp://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presencehttp://news.lk/news/sri-lanka/6642-only-president-can-reduce-army-presence7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
14/75
Page 14
because they are tacitly supported by the military. This fear on the
part of the general public (and even members of political parties)
dissuades them from logging complaints directly with the Police
which in turn leads to a low level of official incidents being
reported.
Secondly the number of serious incidents reported to election
monitors has increased in the first and second week of September.
This gives rise to the fear that as the date of the election draws
closer and the campaign is more vigorously contested there is a
greater possibility of it turning more violent.
Thirdly there have been several reports alleging that Police officers
have not recorded the complaint made by victims of attacks in any
of the information books (i.e. C.I.Bs or E.I.Bs) but have instead
used a separate exercise book. There is also a lack of awareness
amongst the general public and even amongst candidates that
Police officers have to record complaints of incidents in an
information book and that the complainant is entitled to a
reference number.
Some of the more serious incidents reported thus far are detailed
below;
1. On 14th August 2013 at 9.00 p.m:Northern Province,JaffnaElectoral District, Kayts Electorate, at Ottreipanayadi, 40
Houses Scheme,Delft. As reported by Mr. Karthigesu
Nadarasa Kanagaratnam (TNA Candidate), 3 persons named
Mr. Ranasinghe Ariyasena, Mr. Simon Jesudasan and Mr.
Jesudasan Anthony were assaulted, allegedly by EPDP
supporters Rajip, Sudhan , Mohandas, Edward Raja, Ranjan,
and a CTB driver Appan. The latter allegedly fled after the
assault by van (bearing registration No. NP 253-5112). Mr.
Ranasinha Ariyadasa who was hurt in this incident was
admitted to the Delft hospital on the 17th
August. He said he
was hospitalized for 4 days and discharged on 21st
August at
which point he lodged a complaint with the Delft Police
Station. However according to Ariyadasa the Police took
down this complaint only in Sinhala and requested that he
sign this complaint. When the CMEV contacted Sergeant
Mr. Basnayake of the Delft Police he denied having received
such a complaint. Mr. Daniel Rexian (Rajip) who is Chairmanof the Delft Pradeshiya Sabha and allegedly a member of
the group of attackers, when contacted for comment
denied any involvement in this incident. Ms. P. Juliet, a
worker of the hospital, when contacted stated that while
the above mentioned person had indeed been admitted to
hospital he had given a different reason for his injuries (a
fall from a roof). She confirmed that the Police had also
arrived and taken notes.
2. On the 20th August 2013Northern Province, Jaffna District,Jaffna Minsaranilayaveethy (Power Station road).Father of
UPFA NPC candidate, Mr. Angajan Ramanathan attacked the
vehicle of the TNA candidate Mr.S.Thambiraasa, while he
was travelling in Minsaranilayaveethy (power station road)
in Jaffna. The former also attempted to take photographs of
Mr. Thambiraasas vehicle and shop in Jaffna town.
Supporters of Mr. Angajan led by his father allegedly
attacked the vehicle of the TNA candidate with clubs.
Further Mr. Thambiraasa and his family alleged that they
received death threats from Mr. Angajan Ramanathans
father stating that he wanted the TNA candidate Mr. S.
Thambiraasa to withdraw from contesting in the election.
Even though a complaint was lodged in the Jaffna police
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
15/75
Page 15
station, the police failed to take the suspect into custody.
The suspect denied the allegations. It is reported that the
police together with the support of an army intelligence unit
provided security to the suspect.Mr. S.Thambirassa had
video evidence of the incident, which is available at
http://www.newjaffna.com/fullview.php?id=MjU2NjQ)
3. On 27th August 2013Northern Province, Jaffna District,Chavakachcheri. A clash broke out between Jaffna District
Chief organizer of SLFP and UPFA candidate, Mr. Angajan
Ramanathans supporters led by his father and UPFA
candidate Mr. A. Sarvananthans supporters at
Chavakachcheri. According to Mr. A. Sarvananthans
supporters, a group of Mr. AngajanRamanathan supporters
entered their office and attacked them.29 year old Mr.
KanagalingamNanthakumar from Kachchai Palavi North,
received severe injuries from the clash and was admitted to
Chavakatchcheri base hospital along with Mr.
VishwarajaVishwaruban and a few others who received
minor injuries. After the incident a large amount of military
personnel were deployed in the area and conducted further
inquiries into this shooting incident.
The Jaffna police on the 28th
of August 2013 arrested Mr.
Ramanadhan, father of Jaffna Chief organizer of the Sri
Lanka Freedom Party (SLFP) and UPFA candidate, over theshooting which had taken place on the earlier date. He was
produced before Chavakachcheri courts on the 29th
August
2013 after which he was committed to 14 days detention.
Further the Chavakachcheri Magistrate ordered the police
to investigate the attack on Mr Angajans security guards.
Later Mr. Ramanathan was admitted to Jaffna hospital as he
complained of a chest pain. Further inquiries into this case
will be taken up on the 13th
of September 2013.
4. On 05th September 2013at 10.10p.m: NorthernProvince,Vanni Electoral district. As reported by the CMEV
Monitor the premises of a government office (the NationalYouth Services Council in Mannar) has been allocated for an
election campaign meeting of the UPFA candidate Mr.
Abbas Abdul Rifkan Bathiudeen following the request of
Minister Rishad Bathiudeen. Several Government Officers
attended this meeting.
5. On 07th September 2013, Northern Province, JaffnaDistrict. Valampuri (a Tamil language provincial
newspaper) in circulation within the Northern Province haspublished an advertisement stating that 5,000 insurance
policies will be distributed amongst the fishing community
in the Jaffna peninsula.
According to these advertisements, the insurance cover is
provided by the Siras Foundation which is established
under the leadership of Mr. Abdul Hameed Nauman Siras
Mohammed. This individual is a UPFA candidate in the
Northern Provincial Council election. Additionally, the
advertisement states that after the granting of the said
insurance policies, the insurance cover will be maintained
under the sponsorship of the Government.
6. On 08th September 2013 at 10.00 a.m: Northern Province,Jaffna Electoral District, Point-Pedro at Maradankerny
Village. As reported by Mr. S. Sugirdan, (TNA candidate) a
http://www.newjaffna.com/fullview.php?id=MjU2NjQhttp://www.newjaffna.com/fullview.php?id=MjU2NjQhttp://www.newjaffna.com/fullview.php?id=MjU2NjQ7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
16/75
Page 16
group of between 15 -20 people arrived in a bus (bearing
registration No. 29 -7102) and engaged in campaigning on
behalf of the UPFA Candidate Mr. Aiyature Sri
Rangeshwaran, (Candidate No. 05.) He alleges that
Samurdhi officers and volunteer teachers were involved in
this campaign.
7. On 09
th
September 2013 at 8.00p.m: NorthernProvince,Jaffna Electoral District, Point-Pedro Electorate,
Kattaikadumulliyan. As reported by Mr. Yakopu Wimaladas
(PNG) one person has come to a house, broken the fence,
and forcefully painted the symbol of the TNA in black and
pasted 3 posters bearing the number 14 without the
consent of the owners. Though the owner of the house
informed the police they have only taken a note without
reporting it as a complaint. Persons claiming to be from the
Intelligence Unit have taken photos of the premises. Whencontacted, the TNA candidate contesting under number 14,
Mr. Chandralingam Sugirthan said he was not aware of such
an incident and completely denied involvement.
8. On 09th September 2013 at 04.35p.m: NorthernProvince,Jaffna Electoral District, Kaytes
electorate,Ambigeynagar, 7th
step, Velanai. As reported by
Mr. Karthigesu Nadarasa Kanagaratnam (TNA Candidate,
Jaffna District), while supporters of the TNA weredistributing leaflets in the area, EPDP supporters Mr.
Kandasamy Mayuran and Mr. Karthegesu Sinnathamby
have forcefully thrown away the leaflets and threatened to
kill them if they continued. When the Police arrived on the
scene the accused have fled. Police have taken notes. When
contacted by the CMEV, Sergeant Mr. Wickramaratne of
Kaytes Police station denied knowledge of such an incident.
9. On 09th September 2013 Northern Province, KillinochchiDistrict, Postal Voting Center, Zonal Education Office,
NallurMahaVidyalaya, (Poonagari Education Zone). As
informed by a teacher to CMEV, the Certifying officer of the
Postal voting center at the Zonal Education Office,
Poonakary Maha Vidyalaya, Killinochchi had acted in
violation of elections law.
The Certifying officer (Divisional Education Director)
allegedly checked the completed ballots of those casting
postal votes and allegedly also turned away several school
teachers, claiming that they were ineligible for postal voting.
However, CMEV was informed by the aggrieved parties that
many who were turned away had in fact received written
confirmation that they were eligible for postal voting.
CMEV immediately made a formal complaint in this regard
to Mr. A. M. M. Kabeer, Assistant Commissioner of Elections(Actg), Killinochchi. He confirmed that he had received such
a complaint from different sources and that a team was
dispatched to the particular center to investigate this
incident. Mr. Kabeer informed the CMEV that they did not
receive enough evidence to substantiate the allegation.
On 10th
September 2013 at 9.45 p.m: Northern Province, Jaffna
Electorate. Unidentified Persons on a motorcycle attacked Ms.
Ananthy Sasitharan (TNA candidate) near the five-junction in Jaffna
(on the Jaffna Manipay Road) while she was returning after
campaigning. Ms. Ananthys vehicle was damaged by the
motorcyclist who threw a heavy object against the glass window of
the vehicle on the side where Ms Ananthy was seated. The object
missed the window of the van and she escaped without injuries.
According to Ms. Ananthy three VIP vehicles with escorts passed by
her moving vehicle at which point her driver slowed down to give
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
17/75
Page 17
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
way to the VIP convoy. The motorcyclist approached from behind
to carry out the attack. Ms. Ananthy when contacted by CMEV (At
about 9.30 a.m on the 11th
September 2013) stated that she has
not made a complaint regarding this to the Police, due to fear.
Northern Provincial Council Election 2013
Communiqu No 2
As at 4.30 pm on Sunday 15th
September, the following reports of
election related violence in the Northern Provincial Council election
have been received by CMEV:
13th
September 2013, Kodikamaam Electorate, Jaffna Electoral District,
Northern Province: CMEV field monitor reported that CID officers had
questioned TNA supporters about leaflets they were distributing and had
informed the police to arrest them. Police arrested 04 supporters of TNA
candidate Mr. Chandralingam Sugeerdhan (Candidate No 14). When
contacted Kesawan Sajanthan (Candidate No 13) confirmed the incident
and mentioned that the police had informed them that they were in
breach of election law. Kodikamam Police Station confirmed the incident.
On 13th
September 2013, A32 Road, Maravanpuli Junction,
Chavakachcheri Electorate, Jaffna Electoral District, Northern Province.
Ten supporters of Mr. Kajadeepan (Candidate No. 17), TNA were
campaigning in the above mentioned area when at around 5pm an
unidentified group accosted them and beat them with poles. The
attackers fled the area in a vehicle (No: 59-3641). Gnanaprakasham
Kishor and Raj Kumar Rajindan were admitted to the Chavakachcheri
No: 24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460
E-mail:[email protected] Website: www.cpalanka.org
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
18/75
Page 18
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Hospital (Ward Number 6) at 7.55 p.m. When contacted, Police Sergeant
Arjan Sunil confirmed that such incident had occurred and that the Police
was investigating it further.
On 14th September 2013, in the Point-Pedro electorate, Jaffna Electoral
District, Northern Province:
According to eyewitnesses who wish to remain anonymous for security
reasons, on the 14
th
a number of individuals attached to militaryintelligence and the EPDP obstructed a TNA meeting. They had told
people not to attend the TNA meeting, which eventually took place in the
vicinity of the community hall where it was originally scheduled, because
of military and EPDP actions. When contacted by CMEV, TNA candidate
Mr. Sugeerdhan said that the EPDP and some personnel attached to
Intelligence had obstructed the rally. When contacted, Sub -Inspector R.P.
Lalith of the Point Pedro Police said that the owner of the land of
Bharathi Community Hall, Uduththurai, had withdrawn the written
permission he had given for the use of his premises for the
rally. Accordingly, a separate venue had to be arranged for the meeting.
Police denied receiving any information regarding allegations of damage
to a loudspeaker unit in this incident.
15th September 2013, Siruppiddi South, Kopai Electarate, Jaffna
Electoral District, Northern Province:
Banana and beetroot cultivations belonging to TNA supporters living in
Siruppiddy area have been destroyed. When CMEV monitors spoke to the
villagers, they named UPFA supporters as the perpetrators on the
grounds that the latter have been demanding an end to TNA election
rallies. One of the affected villagers, Mr. Uthayarasa, estimated that he
has lost at least Rs. 20,000 due to vandalism on his banana cultivation.
Achchuweli police confirmed that they have received such a complaint
from two villagers (Aiyanpillay Rathnasamy Complain No. MOIB 234-39
and Manikkam Udayakumar MOIB 236-40) and had sent Police Officers to
the locations.
CMEV observed that the police had recorded this incident elsewhere and
not in the EIB book. Villagers however allege that supporters of UPFA
candidate Mr. Abdul Hameed Nauman Siras Mohammed are responsible
for this attack. CMEV contacted the latter. He denied any involvement in
the incident and stated that he had provided considerable assistance to
the people of Siruppiddy village.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
19/75
Page 19
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Northern Provincial Council Election 2013
Media Communiqu No. 03
On 17th
September 2013 at 12.45 a.m: Northern Province, Jaffna Electoral
District, and Karainagar Electorate at Kovalam. The residence
of Karainagar Pradeshiya Sabha Chairman Velayudam Anaimugan(TNA) was stoned at about 12.45 a.m by a group of unknown persons.
Mr. Anaimugan stated that while he was returning from the TNA election
meeting held near the Sivakamy Amman Temple at about around 10.30
p.m the previous night (16th
September 2013) he observed 06 people on
03 Motor cycles in front of his house. Upon seeing him approach these
individuals had allegedly fled the location. Mr. Anaimugan stated that he
was only able to note the registration number of one motor cycle (VI
6465) but identified several persons in the group as officers attached to
the Army intelligence. Mr. Velayudam Anaimugan has informed the Police
emergency unit about this incident but has not logged a formalcomplaint.
When contacted by CMEV the Kayts Police station confirmed that they
received a complaint that the Karainagar Pradeshiya Sabha Chairmans
house had been attacked and had deployed a mobile police team to
investigate at about 1.30 a.m. The police further stated that as the
complainant refused to give a statement at the time he was asked to
make a statement at the Kayts police station within the course of the day
but that he had not done so. Police further stated that they were
unaware that this was an election related incident or that officers
attached to Military intelligence units were involved.
No: 24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460E-mail:[email protected] Website: www.cpalanka.org
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
20/75
Page 20
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Northern Provincial Council Election 2013
Media Communiqu No. 04
On 18th
September 2013 at 11.30 a.m: Northern Province, Jaffna
Electoral District, Chavakachchari Electorate at Mirisuvil Durgaiamman
Kovil, Chavakachchari.
Mr. Arunachalam Balakumaran, Member of Chavachacheri Urban Council
(TNA) - a witness to the incident- reported that, around 12.00 p.m, a
group of 25 to 30 people were distributing UPFA propaganda material
near the Mirisuvil Durgaiamman Kovil in Chavakachchari. Mr.
Arunachalam Balakumaran alleged that this group was connected to the
military and that two military officers in uniform were also seen providing
protection to the group distributing UPFA hand bills.
Mr. Arunachalam Balakumaran contacted CMEV at around 2.20 p.m at
which point he stated that he was been chased by a group connected toMilitary. It was alleged that the Army attacked the group of persons who
were with him and were campaigning for TNA. CMEV was also told by Mr.
Arunachalam Balakumaran that the OIC of Kodigaman Police station, Mr.
Edirisinghe, was present at the Marathankulam Pilleyar Kovil, the place
where the victims sought refuge.
CMEV contacted Kodigaman Police Station and was informed that the OIC
had gone to investigate an incident with a mobile team. CMEV then
contacted the OIC Edirisinghe, who asked us to get back to him in a short
while. Although CMEV tried several times to contact OIC Edirisinghe, we
were unable to contact him until 4.30 p.m. At this point the OIC stated
that, a minor incident had occurred near the Marathankulam Pilleyar
Kovil but as there was no official complaint lodged with the Police he
could not release any information. He further stated that he had asked
the relevant persons to come to the Kodigaman Police Station to make a
statement. The Police reiterated that there was no involvement of the
military in this incident. CMEV has been unable to contact Mr.
Arunachalam Balakumaran since this afternoon for further comment.
No: 24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460E-mail:[email protected] Website: www.cpalanka.org
and Mudiappu Remediaas UPFA No 18 Achchuveli Police visited the
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
21/75
Page 21
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Northern Provincial Council Election 2013
Media Communiqu No. 05
On 19th
September 2013, Kollankalati, Kankasanthurai Electorate,
Northern Province
CMEV Field Monitor reported that the majority of villagers in Kollankalatti
are in fear on account of unidentified groups roaming the village. Hereported that sections of the community were considering not
voting. Some of them had attended the Point Pedro TNA rally two days
ago and were concerned that they could suffer similar repercussions.
Property of TNA supporters was destroyed in Point Pedro after a TNA
rally there.
On September 19th
2013, Avarankaal, Kopai Electorate, Jaffna Electoral
District, Northern Province
Villagers in Avarankaal reported to the CMEV monitor that a Sinhala
speaking group was roaming the village at around midnight: they
allegedly defaced TNA posters on the parapet wall of the house of the
sister of Mr Ariyakuttu Paransothi, TNA candidate, Jaffna District which
also serves as the candidates party office. They are also alleged to have
drawn the image of a betel leaf on the verendah of that house and of
pasting posters of Abdul Hameed Nauman Siras Mohemad (UPFA, NO 04)
and Mudiappu Remediaas UPFA, No 18. Achchuveli Police visited the
location and removed all posters. A formal complaint has been lodged
with regard to this incident. The Police have recorded it in the Mobile
Information Book (MOIB. 249/47) rather than the EIB Book. According to
Sergeant Thusitha of the Achchuveli Police investigations are ongoing. He
further noted that the incident has been identified as one of mischief and
not one that is election related.
On 19th
September 2013, Wadukkodai Electorate, Jaffna District,Northen Province.
CMEV Monitors reported that last night, in the villages of Santhei,
Thillalai, Ponnalai, supporters of UPFA candidates Naumaan Siras and
Angajan Ramanathan as well as EPDP supporters, were seen roaming the
streets. He further reported that on account of the tension arising from
this, some villagers had indicated that they will not be voting.
Mannar Electorate in Mannar Electoral District in Northern Province
As reported to CMEV Field Monitor, villagers of Uthayapuram,
Vangalaipada, Pesalai, have yet to receive polling cards.
No: 24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460
E-mail:[email protected] Website: www.cpalanka.org
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
22/75
Page 22
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Northern Provincial Council Election 2013
Media Communiqu No. 06
On 20th
September 2013, Chulipuram, Vadukkodai Electorate, Jaffna
District, Northen Province.
As reported by CMEV Field Monitor, the residence and campaign office ofAnanthi Sasidharan (TNA Candidate No1 Jaffna District) in Tholipuram in
the Chulipuram area was attacked, allegedly, by a group of military
personnel at around midnight on 19th
September. Some of the attackers
were reported to have spoken in Sinhala and were also identified to
CMEV as military personnel, on account of their clothing. Nine (09)
persons including lawyer Sugash who went to assist the victims, were
injured in the incident. Ms Sasidharan was able to escape the attack with
her children.
When CMEV contacted the Jaffna Police Headquarters around 12.45am,
the Police told CMEV that they were not aware of such an incident and
directed CMEV to the Vadukkodai Police. However once CMEV contacted
the Vadukkodai Police around 01.05am, they said that they had been told
that the Chulipuram area is not in their division. However when
contacted again, the police informed CMEV that a team of police officers
had been deployed to the location. As at 8am, the police also informed
CMEV that no official complaint of the incident has been lodged with
them.
CMEV is particularly concerned about the alleged involvement of the
military as the perpetrators of this attack. Throughout the campaign,
there have been a number of allegations of threat and intimidation of
voters and electioneering on behalf of particular candidates by military
personnel in uniform and by Military Intelligence and Civil Defence
personnel. Since the campaign concluded at midnight on Wednesday 18
September, the number of such incidents reported to CMEV has
increased
CMEV unreservedly condemns any military involvement in the electoral
process- the basic mechanism of choice and change in a functioning
democracy. Such involvement seriously undermines the integrity of the
process and in the context of this election, gravely undermines
reconciliation and unity in the country.
CMEV calls upon the Election Commissioner and all relevant authorities
to ensure that this involvement ceases and that all allegations in respect
of incidents of violence and malpractice are investigated and the culprits
brought to book. The protection and the strengthening of the institutions
and processes of electoral democracy in the country, demand no less.
No:24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460
E-mail:[email protected] Website: www.cpalanka.org
the central government, (b) the Government (and military) will
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
23/75
Page 23
Northern Provincial Council Elections 2013Mullaitivu District Pre-Poll Report
Summary:
There is widespread disillusionment with the election process, which
may lead to low voter turnout. Unacceptably long distances to polling
centres will deter others, since even where buses are being provided
these services will be minimal and are not free. The Election
Commissioners Office is doing its best under difficult circumstances
but is handicapped by an outdated system in need of reform,
compounded by inadequate funds. Yet, the systematic misuse of state
resources, notably of the Ministry of Economic Development, to
benefit pro-government candidates, and the deliberate violation of
election law through combining development activities with election
campaigning have irreparably flawed the democratic process in
Mullaitivu District. Military interference in the electoral process is
mostly indirect, though incidents of coercion to attend meetings ofUPFA candidates have been reported.
Description:
1. The general view of voters is that this election has no realmeaning in the present context because (a) their basic needs
of livelihoods, land and freedom from fear and control have
not been met, and (b) the Northern Provincial Council will
have no autonomy, with the Chief Minister serving as a
messenger of the Governor, who in turn is the messenger ofthe President.
2. A campaign of deliberate disinformation has been carriedout by vested interests to convince rural voters that (a) voting
against the Government will only result in cessation of all
development activities because funds will not be released by
the central government, (b) the Government (and military) will
be able to find out which party and candidate each person
voted for, and there will be serious consequences as a result,
and (c) the (Supreme) Court has ruled that the TNA will be
disqualified so all votes for them will be worthless. On the
positive side, the Election Commissioners Office has
conducted voter education workshops in each of the 136
villages, and has reassured voters. However, Minister Basil
Rajapakshas most recent statements that developmentinitiatives will be jeopardised if the TNA wins has further
fuelled voters fears.
3. Transportation to and from polling centres is a serious issuefor many voters in the district. At least 3500 voters will have to
travel over 5km to reach their respective polling centres. The
furthest distance is from Amaithipuram, where voters live
24km away from the Puthvedduvan school where they are
expected to cast their ballots. The Elections CommissionersOffice has arranged for a single bus each for 10 of the worst-
affected areas, but voters will have to pay the bus fare. Others
may have to walk up to 4km each way in the blazing to
participate in a process in which they have little faith.
4. The lack of identity cards is a concern for some voters.CMEV has been reliably informed that a significant percentage
of the approximately 500 voters in Kuravil in the
Pudukudiyirippu DS Division may not have valid IDs. Inaddition, some recent returnees who have only their Manik
Farm identity cards will not be able to vote. Also, since the
2012 list is being used, a significant number of current
residents whose names are only on the 2013 list will not be
eligible. In Pudukudiriyippu DSD alone it is estimated that
around 1000 persons have lost their voting rights as a result.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
24/75
Page 24
5. The systematic misuse of state resources and direct violationof election law to benefit UPFA candidates are so serious as to
mar the electoral process irrevocably. The Ministry of
Economic Development is the main culprit. UPFA candidates
who are former senior employees of the ministry serving at
Deputy Project Director Level have access to Ministry vehicles
and staff for campaign work. 172 Samurdhi Development
Officers were hired in the district in violation of election law,and their role in the current context is clear. In addition, 150
CPRs hired under the Re-Awakening Project, it is widely
alleged, actively support the UPFA campaign at the village
level.
The stage and access area clearly indicated that it was in fact a UPFA meeting
The location of the meeting was in the Helambawewa Army Camp
Maheweli Authority and NHDA banners are being taken down by
government staff.
to walk a long way back home.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
25/75
Page 25
6. A blatant example of such abuse is the handing over of 110(or 500, the number varies depending on the government
source!) houses by the Hon Minister of Economic
Development to residents of Helambawewa on 18 Sept 2013.
While the Mahaweli Authority, the NHDA and other
government departments were involved, and the event itself
was staged adjoining the Helambawewa Army Camp with full
military (and MI) presence, the stage was decked in blue with
blue flags everywhere. Villagers were provided with lunch
packets after the meeting which clearly took on political tones
and referred explicitly to the NPC elections. CMEV spoke to
two separate groups of women going home with their lunch
packets, and their common response [in Sinhala] was We are
coming from the Betel Leaf meeting. One woman added,
They want us to vote for them, and we will, but now we have
g y
7. Military and Police support of UPFA candidates wasblatant. In Mullaitivu town the main UPFA candidates office is
next to the Mullaitivu SPs Office, and they are allowed to keep
large cut outs, posters and banners on the road even after all
campaigning has stopped. Police is deployed at UPFA rallies
and tamashas, such as the musical show sponsored by UPFA
candidate Satheesh Kumar in Pudukudiriyippu on 18 Sep 2013.
Other parties too violated the end-of-campaign regulation, for
instance the Muslim Congress held a meeting at Mulliyawalai
on 19 Sep 2013.
The plaque unveiled on 18 Sep 2013.
Sri Lanka Muslim Congress meeting held at Mulliyawalai on 19 Sep 2013
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
26/75
Page 26
However, the overall picture of the Mullaitivu District is one inwhich the UPFA candidates are free to violate any and everyregulation with impunity. On 19 Sep 2013, CMEV observedUPFA candidate No 6 campaigning in Mullaitivu town itself.
8. The militarys involvement is generally less direct, but theircontrol is pervasive. CMEV spoke to a group of women who
complained that the Armyat Thanneeroottu had asked them to
attend a rally organised by UPFA candidate Satheesh Kumar,saying that they will be given loans. Many had gone even by
three-wheeler and come away disappointed. Fear of
repercussions prevent people from even commenting on the
military, but it is agreed that, in relation to the election, the
situation is better than in Jaffna.
The blatant display of UPFA posters and cut-outs even on 20 Sep 2013, adjacent to
the Mullaitivu SP JanakaGunathilakas office in the heart of the town
A poster for UPFA candidate 6, a former Deputy Project Director of the Ministry ofEconomic Development, adorns the 591 Brigade welcome board in an area that boasts of24 hour police and military presence.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
27/75
Page 27
Joint Statement issued by Main ElectionsObservation Missions in Sri Lanka
Mr. Mahinda Deshapriya,
Commissioner of Elections,
Elections Secretariat,
P.O. Box 02, Sarana Mawatha,
Rajagiriya, 10107.
18th September 2013
Dear Sir
Request to Make a Public Statement Ensuring the Secrecy of Ballots
Cast in the Forthcoming Provincial Council Elections
As you are aware, there have been several reports of incidents of
voters being told by various individuals that ballots cast at the
forthcoming election- including party preference and candidate
preference can be traced. This practice has been especially
prevalent in the Northern Province and specifically in remote
villages such Thirunagar, Barathipuram and Selvanagar in the
Killinochchi District.
Ensuring the secrecy of ballots is an essential prerequisite for the
conduct of a free and fair election as it minimises the possibility ofvoters being influenced. As you will appreciate in the context of
allegations of voter buying and intimidation, ensuring that
individuals are able to cast their vote freely and without compulsion
is of paramount importance.
As such, we call on you to make a public statement to the effect
that ballots are specifically designed to prevent anyone from linking
a specific voter to a ballot and that there is no possible way for
another person to decipher to which political party and candidate(s)
a particular person cast his/her ballot.
We urge you to request heads of all print and electronic media
institutions- including state owned media institutions- to give to
such statement the widest possible coverage in both the Sinhala
and Tamil languages.
We will be releasing this letter to the media in the public interest.
Please be assured of our cooperation
Thanking you
Yours sincerely
Dr. Paikiasothy Saravanamuttu CMEV
Mr. Rohana Hettiarachchi Paffrel
Mr. Keerthi Tennekoon Caffe
Mr. Shan Wijetunge Transparency International, Sri Lanka
of the following UPFA candidates;
http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/http://cmev.wordpress.com/2013/09/20/joint-statement-issued-by-main-elections-observation-missions-in-sri-lanka/7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
28/75
Page 28
Northern Provincial Council Election 2013
Media Communiqu No. 07
20-09-2013/ 08.10h/ Northern Province/ Mannar District/ Mannar
Electorate/ Pesalai UPFA party office
As reported by CMEV monitor in the area, UPFA Mannar District
candidate No 6, Mr. Robert Pieris, organized dry rations to be distributed
on the night of 20th
September 2013.
On 20th
September 2013 from 6.00 8.00 pm : Northern Province: Jaffna
District, Electorate, Chavakachchari, Kodikamam area:
Villagers from Palavi and Katchai have reported to CMEV monitors that a
large number of youths are roaming these villages. The villagers reported
their fear that the presence of the youths could result in electoral
violence and malpractice. CMEV urges relevant authorities to take
immediate action to prevent any such violence or malpractice.
20-09-2013/ 11.00 a.m/ Northern Province/ Jaffna District/ Manipay
Electorate
CMEV received a report of posters of UPFA candidates on the sides of the
following roads; Manipay Road, Uduvil Road, Anaikoddai Road, Sangilipai
Road, Maradanamadam Road, Chunnakam Road. The said posters were
1. Mudiappu Remidios- candidate No. 18
2. Abdul Hameed Nafman Siras Mohamed- candidate No. 04
3. Kodeswaran Rushangan- candidate No. 12
4. Nadarajah Thamilalagan- candidate No. 14
5. Naganathi Ponnampalam candidate No. 16
New posters of the following TNA candidates were seen:
1. Iynkaranatsan Ponnuthurai
2. Tharmalingam Sitharthan
3. Emmanuel Arnold
There were also fresh posters of Democratic National Alliance (DNA)
candidates, mainly down the Uduvil Road. The candidates are:
1. Senathirajah Krishnakumar
2. Kankaratnam Loganathan
3. Sivasunthari Manokaram
Additionally it was noted that the deployment of army personnel has
increased noticeably. The increase of military personnel was visible along
the following roads: Manipay/ Jaffna Main road, Sangilipai Main road,
Savalkaddu road and, Anaikoddai road. It was stressed that members of
the military moved freely and frequently on the said roads, thus making
the presence of the army felt more strongly.
On 19th
September 2013 at 12.30 pm in Northern Province, Jaffna
Electoral District, Kangkesan Thurai Electorate.
CMEV monitor reported that he went to Arasadi Road, Kollangalati,
where he witnessed military personnel using black oil to deface posters
No:24/2, 28th
Lane, Off Flower Road, Colombo 07
Tel: +94 11 2565304 6, 5552746, 5552749, Fax: +94 114714460
E-mail:[email protected] Website: www.cpalanka.org
of all candidates. Thereafter no posters were visible in the area. Whilst
h ili d hi l ( i i N NP KW 1603 d
Sivalingam Sathish Kumar contesting under number 03 in Mullaithivu
di i h ld h d i f UPFA M
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
29/75
Page 29
the military was so engaged, vehicles (registration No NP KW 1603 and
CP PE4685) belonging to UPFA candidate Shiras and with posters of the
candidate displayed on them, were seen at the same place.
On 19th
September 2013 at 12.53 p.m: Northern Province Jaffna
Electoral District,Odupidi Electorate.
As reported by a CMEV monitor in Odupidi, from the 10th
of September
2013 a significant military presence has been observed in the area. Onthe main roads of Odupidi and on by roads, a significant number of
military personnel have been deployed.
19-09-2013/ 20.00h/ Northern Province/ Mannar District/ Mannar
Electorate/ Tharapurram
As reported by CMEV monitor in the area, villagers from Vellankulam and
Ganeshapuram were transported from these villages to Tharapuram by
UPFA supporters and given dry rations. It was noted further that the
villagers were transported in 3 CTB buses. The CMEV monitor further
confirms that the distribution of dry rations was organized by UPFA
candidate No. 4, Mr. Abbas Abdul Rifkhan.
19-09-2013/ 20.15h/ Northern Province/ Mannar District/ Mannar
Electorate/ Pesalai
As reported by CMEV monitor in the area, UPFA supporters were
provided with dry rations to be distributed amongst the people of the 4th
and the 8th
housing colonies of Pesalai. Currently the dry rations are
stored at the residences of two of party supporters identified as Rani and
Stephen whose full names were not revealed for security concerns. They
live down K. V. Road, Pesalai. The rations are to be distributed on the
night of the 20th
.
19-09-2013/ 23.15h/ Northern Province/ Mullaithivu District/
Mullaithivu Electorate/ Muliavilai
It was reported that an election meeting of the UPFA candidate Mr.
district, was held at the garden premises of a UPFA supporter Mr.
Thiyagaraja Arulvendan near the Katta-Vinayagar Kovil (Hindu temple).
About 35-40 persons have attended the meeting. A villager, Mr.
Kanapathypillay Dushyanthan of Mulliyawallai Central, Mulliyawallai
informed CMEV about the meeting. He stated that the meeting had
started around 10 pm and by the time he had called CMEV, around
11.15pm, the meeting was still going on.
19-09-2013/ 23.17/ Northern Province/ Mannar District/ Mannar
Electorate/ Mannar town, Tharapurram, Puthukkudiyairuppu
As reported by CMEV monitor posters of the following UPFA, TNA, UNP
and SLMC candidates, respectively were put up in the aforementioned
areas:
UPFA
1. Candidate No. 04 Mr. Abdul Abbas Rifkhan
2. Candidate No. 06 Mr. Robert Pieris
TNA
1. Candidate No. 03 Mr. Irudayanathan Charles Nirmalanathan
UNP
1. Candidate No. 02 Mr. Abdul Kaseem Rahumathulla
SLMC
Candidate No. 08 Habib Mohamed Rayees
The aforementioned posters appeared mostly in the following areas:
Karisal, Olaiththuduwai, Puthukkudiyairuppu, Thottaweli, and
Tharapurram
19-09-2013/ 23.53h/ Northern Province/ Vavuniya District/ Vavuniya
Electorate/ Cinna Cippikulam Cheddikulam
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
30/75
Page 30
DR. P. Saravanamuttu
Co Convenor
Mr. Udaya Kalupathirana
CoConvenor
Mr.Sunil Jayasekara
Co-Convenor
Electorate/ Cinna Cippikulam, Cheddikulam
As reported by CMEV monitor, UPFA candidate No 7, Mr. Mohideen Kani
Sego Munajithu and around 8 to 10 supporters of the UPFA have done
house-to-house visits and handed cash to residents in the Cinna
Cippikulam village within the Cheddikulam DS Division in Vavuniya. The
report also indicates that the campaigning was carried out in the vehicle
bearing registration number NP-JP 7100.
20-09-2013/07.39h/ Northern Province/ Jaffna District
UPFA candidate Mr. Angajan Ramanathan still continues his campaigning
via short messaging system, conducted through a message centre
identified by the number +46701326101. This was reported by a CMEV
monitor who received the text message.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
31/75
Page 31
Source: Centre for Monitoring Election Violence
Pre Election Violations Table I
Pre Election Violations Table II
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
32/75
Page 32
Pre Election Violations Table II
Source: Centre for Monitoring Election Violence
Pre Election Violations Table III
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
33/75
Page 33
Pre Election Violations Table III
Source: Centre for Monitoring Election Violence
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
34/75
Page 34
Pre Election Violations Table IV
Source: Centre for Monitoring Election Violence
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
35/75
Page 35
Major Incidents
32%
Minor Incidents
68%
7%3%
26%
11%
41%
4%4%4%
Muder
Attempted Muder
Hurt
Grievous Hurt
Assault
Threat & Intimidation
Misuse of State Resoueces
Robbery
Arson
Abduction
Damage to Property
9%9%
82%
Mischief
Threat
election offence
other
Figure 01
Figure 02 Figure 03
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
36/75
Page 36
Total Number of Incidents
Alleged Perpetrators by Party (84)
Major Incidents-Alleged Perpetrators by Party (27)
Minor Incidents- Alleged Perpetrators by Party (57)
54
2
9
1 1 1
3
13
0
10
20
30
40
50
60
UPFA UNP ITAK DUA DP SLMC INDE 1 PNG
NumberofIncident
Political Party
20
01
0 0 0 0
6
0
5
10
15
20
25
UPFA UNP ITAK DUA DP SLMC INDE 1 PNG
Numbero
fIncident
Political Party
34
2
8
1
4
13
7
0
5
10
15
20
25
30
35
40
UPFA UNP ITAK DUA PD SLMC INDE 1 PNG
NumberofIncident
Political Party
Figure 06Figure 04
Figure 05
Profile of Alleged Major Violations by Party (27)Fi 07
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
37/75
Page 37
2
1
5
22
1
10
1 11
0
2
4
6
8
10
12
UPFA ITAK Party Not Given
Numberof
Incidents
Cate or of Offences and arties
Murder
Attempted Murder
Grievous Hurt
Hurt
Assault
Threat & Intimidation
Misuse of State Resoueces
Robbery
Arson
Abduction
Damage to Property
Profile of Alleged Minor Violations by Party (57)
1 1
42
12
31
2
8
13
1
0
5
10
15
20
25
30
35
UPFA UNP ITAK DUA DP SLMC PNG
Num
berofIncidents
Category of offences and parties
Mischief
Threat
Election Offence
Other
Figure 08
Figure 07
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
38/75
Page 38
4
15
0
11
8
7 7
4
0
6
2
19
0
1
0
2
4
6
8
10
12
14
16
18
20
NumberofIncident
s
ElectorateFigure 09
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
39/75
Page 39
Motorbike damaged during an attack on the residence of Ananthy
Shashitharan, TNA Candidate, NPC Election 2013
S.Krishnakumar, Jaffna group leader of the Democratic Party who was
injured during an attack by unidentified persons NPC Election 2013
Candidate posters at a bus halt, in the Musali area in Mannar, displayed
during the pre-election period. NPC Election 2013
Slogans drawn in the Arippu region of Mannar, during pre-election
campaign. NPC Election 2013
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
40/75
Page 40
Poster displayed on Election day in the Wadukkodai area of Jaffna, NPC
Election 2013
Symbols displayed on the Manippai- Maraathanarumadam Road, Jaffna,
NPC Election 2013
Damaged campaign office premises of the UPFA Candidate Siras
Mohamad, at Arukalmadam in Jaffna, NPC Election 2013
Extensive damage to an agricultural cultivation belonging to a supporter of
the TNA, in Kopai, NPC Election 2013
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
41/75
Page 41
Wadukkodai road being used for election campaign, NPC Election 2013. Threatening leaflets which were distributed on Election day in
Chavakacheri, NPC Election 2013.
Posters displayed on the walls of the Kumulamunai school, Manipai, NPC
Election 2013.
Poster which was displayed all around Jaffna on Election Day, NPC Election
2013.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
42/75
Page 42
A34 Road in Mankulum, Mullaitvu used for displayof symbols, NPC Election 2013.
More damages incurred during the attack on theresidence of Ananthy Shashitharan, TNA
Candidate, NPC Election 2013.
Symbols on a road in Mullaitivu, NPC Election 2013.
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
43/75
Page 43
Election Day Monitoring
______________________________________________________________________________________________
Northern Provincial Council Election - 2013
CMEV was formed in 1997 by the Centre for Policy Alternatives (CPA), the
Free Media Movement (FMM) and the Coalition against Political Violence
as an independent and non partisan organisation to monitor the
7/27/2019 Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province
44/75
Page 44
Northern Provincial Council Election 2013
21st
September 2013 - 1200 pm
Communiqu No 8
CMEV has received complaints of a number of incidents on election day
since polls opened at 7 am, including an assault, intimidation of voters,
campaigning near polling stations and distribution of food items while
canvassing. As of twelve noon there had been a moderate turnout in
urban areas in Jaffna. However, CMEV has also received reports that
there has been low turnout in other areas, including in Mullaitivu
districts. In these areas voters had to travel significant distances, up to 22
km to get to polling stations. CMEV had raised this issue with the Election
Commissioner who provided assurances that transport would be
provided free of charge but as of 12 noon transport is very limited or not
available. Specific incidents where voters have been intimidated,
allegedly by UPFA politicians and the military have resulted in fear among
voters in these locations.
On election day, September 21st, CMEV deployed 240 election monitors
at individual polling stations in addition to 17 field monitors and 8 mobile
units. All CMEV reports and communiqus and the CMEV Incidents
Google Map can be accessed online athttp://cmev.wordpress.com .
p p g
incidence of election related violence. Currently, CMEV is made up on
CPA, FMM and INFORM Human Rights Documentation Centre.
Some of the main incidents include
Northern Province, No 50,Kokkupaddayam Roman Catholic Tamil Mixed
School Silvavathura polling station, Mannar Electorate, Mannar District
As reported by CMEV mobile observer, Mannar district candidate of Our
Nation Party, Abdul Salam Mohomad Hilmy contesting under No.01 has
been allegedly assaulted by the body guards of Ministe