Description
The Local Government (LG) election in Sri Lanka, initially scheduled for March 9, 2023, was postponed due to financial constraints amid the country’s economic crisis.
In early 2023, the Supreme Court issued an interim order directing the government not to withhold funds allocated for the Local Government elections, effectively affirming the constitutional obligation to hold the elections as scheduled. However, in violation of this court order, the government failed to release the necessary funds to the Election Commission. As a result, the Government Printer later announced that ballot papers could not be printed due to the lack of allocated funds. This chain of events led to the indefinite postponement of the elections, raising serious concerns about the undermining of democratic processes and the rule of law.
The government cited the need to prioritize essential services over electoral processes, leading to the indefinite postponement of the polls. This decision was met with criticism from various political parties, the public and civil society organizations, who argued that it violated citizens’ constitutional rights to participate in democratic processes. In response, several groups, including the Samagi Jana Balawegaya (SJB), the Centre for Policy Alternatives (CPA), and the People’s Action for Free and Fair Elections (PAFFREL), filed Fundamental Rights petitions in the Supreme Court, challenging the postponement.
News Report: “Supreme Court issues Interim Order on funding Local Government Election 2023”, details both orders: one preventing the withholding of election funds by the Finance Ministry and another stopping the Government Printer from retaining funds needed to print ballots.
What is the corruption
- The Election Commission had scheduled the LG elections for March 2023. However, the government failed to release the necessary funds, citing financial constraints
- Despite requests from the Election Commission, the Ministry of Finance, under President Ranil Wickremesinghe, did not allocate the required budget. The Government Printer also reported inadequate police protection, hindering the printing of ballot papers. Consequently, the elections were indefinitely postponed.
- The refusal to release funds for the election was mainly due to the government’s financial crisis and their decision to prioritize limited resources toward essential services like healthcare, fuel, and public safety, instead of election-related expenses. Essentially, the government claimed that there wasn’t enough money to cover the costs of printing ballots and other election preparations amid the country’s economic hardships.
- This led to the government not releasing the allocated budget for elections, even though the Supreme Court ordered them to do so, resulting in the Government Printer refusing to print ballot papers due to non-payment.
- The Supreme Court itself implied that the government’s explanation was insufficient to justify violating constitutional obligations to hold elections on time. The refusal to release funds was seen by many as a deliberate act that undermined democracy rather than a genuine budgetary constraint.
- Critics, such as Dullas Alahapperuma, a member of the Samagi Jana Sandhanaya, condemned the delay as a misuse of public funds and a political maneuver to avoid electoral accountability. He estimated that over Rs. 720 million of taxpayer money was wasted due to the postponement. Alahapperuma described the delay as a clear case of collective corruption and political misconduct.
- In summary, the postponement of the 2023 LG elections infringed upon citizens’ democratic rights, disrupted local governance, and eroded public trust in the political system.
- Also, the government’s actions can be perceived as an attempt to consolidate power and avoid electoral accountability, especially amid an ongoing economic crisis. This fostered public distrust and led to protests, some of which were met with police brutality.
- The delay had massive financial implications: PAFFREL estimated over Rs 1 billion had already been spent, from nomination fees to ballot preparation, raising concerns about waste of public resources
What has been done
- Several groups, including the Samagi Jana Balawegaya (SJB), the Centre for Policy Alternatives (CPA), and the People’s Action for Free and Fair Elections (PAFFREL), filed Fundamental Rights petitions in the Supreme Court, challenging the postponement.
- Opposition parties and civil society groups continued to advocate for greater political accountability and transparency, emphasizing the importance of upholding democratic norms and citizens’ rights.
What can be done
- Clear disclosure of why and how election-related funds were withheld or delayed by the Ministry of Finance, including independent audit of public spending decisions related to the election.
- Strengthen financial independence of the Election Commission to act independently without undue pressure or dependency from the Executive or other state institutions.
- Investigate whether there was deliberate misuse of executive power to block elections, and if found, initiate legal proceedings against those responsible.
- Encourage citizens, civil society, and political actors to file Right to Information (RTI) requests regarding the funding process and internal communications around the postponement. Support existing Fundamental Rights petitions at the Supreme Court.
- Engage oversight bodies such as the National Human Rights Commission and leverage international frameworks (IMF governance commitments) to exert pressure on the government for accountability.
Links
Sri Lankan police disperse protesters demanding election
https://apnews.com/article/politics-sri-lanka-colombo-e989ad0e5615b39bf6f35ae352535a4d
Sri Lanka police fired tear gas at election protest;
https://apnews.com/article/politics-sri-lanka-colombo-cb7ad21a28ad9fac237144cb9e90ca4d
State to incur loss of over Rs. 1bn by cancelling LG Poll nomination
Supreme Court issues Interim Order on funding Local Government Election 2023 https://english.newsfirst.lk/2023/3/3/supreme-court-issues-interim-order-on-funding-local-government-election-2023
