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2020 GE: Polls monitors get about Rs. 56 mn from donors

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…another Rs. 2.5 mn to ensure peaceful election

by Shamindra Ferdinando

 Two leading polls monitors-PAFFREL (People’s Action for Free and Fair Elections) and CMEV (Center for Monitoring Elections) received approximately Rs 50 mn and Rs 6 mn respectively from donors in support of their operations.

 Executive Director of PAFREL Rohana Hettiarachchi and National Coordinator of CMEV Manjula Gajanayake said that they would be issuing detailed reports soon on the operation undertaken at the 2019 general election.

The Island sought explanation regarding their operating expenditure after they revealed the high cost of electing an MP. The PAFFREL estimated the cost of electing an MP at approximately Rs. 55 mn whereas the CMEV estimated the cost at about Rs. 77 mn.

 In terms of the Right to Information Act enacted on Aug 4, 2016, the public could seek information even from civil society organisations that receive foreign funding.

 Asked to explain the vast discrepancy in the amounts mentioned by the two organisations, Hettiarachchi said that his outfit divided the Election Commission (EC) allocation amounting to Rs 10 bn by 196 as the remaining 29 members were appointed through the National List. Responding to another query, Hettiarachchi said that PAFFREL didn’t take expenses borne by political parties, individual contestants as well as the funds received by them in support of their campaigns.

 Gajanayake pointed out that the CMEV, having estimated the EC budget for 2019 parliamentary election at Rs 8.5 bn, also took into consideration funding received by political parties and individual contestants from various sources, both here and overseas. Therefore, the CMEV on the basis of all estimated funds received by those in the fray placed the cost of electing a lawmaker at Rs 77 mn.

 Gajanayake noted that some contestants spent extravagantly on costly television and social media campaigns.

 Both Hettiarachchi and Gajanayake emphasized that corona epidemic caused sharp increase in the EC’s budget. The poll couldn’t be held as originally planned on April 25, 2020 due to the outbreak of epidemic in the second week of March.

 Asked how the CMEV had funded its polls monitoring project, Gajanayake said that the Management Systems International Inc. provided required funds amounting to Rs 6 mn. Gajanayake said that a detailed report would be prepared though he was unable to go into details at the moment. According to Gajanayake, their primary objective was to ascertain the expenditure incurred by political parties for propaganda. “We bought nine television sets, four lap tops, six hand phones and some desks and chairs required by the staff,” Gajanayake said, adding that the monitoring process was carried out over two months by 40 staff and two permanent employees. Gajanayake said that they worked as many as 18 hours a day on some days. The CMEV attributed two day workshop for the staff, other training programmes and facilities to the overall cost of the operation amounting to Rs 6 mn.

 The Management Systems International Inc is a powerful US consulting organisation engaged in a spate of projects in various parts of the world, including Asia.

 Hettiarachchi said that PaFFREL received funding amount to Rs 50 mn from about seven donors, including Norway and Canada. Responding to another query, Hettiarachchi said that a detailed account would be released later. “We provided 550,000 face masks to the EC in support of the operation. Face masks were distributed among polling booths countrywide in case some voters turned up without face masks.”

PaFFREL conducted the largest operation countrywide thanks to sufficient funds provided by donors.

Meanwhile, executive director of CaFFE (Campaign for Free and Fair Election) Ahamed Manas Makeen yesterday told The Island that in spite of submitting several proposals seeking donations he couldn’t raise funds for countywide polls monitoring work. However, a foreign mission provided Rs 2.5 mn to undertake an initiative to promote a peaceful election. According to him, promoting a peaceful election differed from conducting a countrywide polls monitoring operation.

Gajayanayake said that CMEV published advertisements in the media requesting information from public regarding campaign finances. However, public response was low, Gajanayake said, adding that much more organized effort on the part of the civil society was needed to further improve the election process.

Police headquarters spokesman and attorney-at-law Jaliya Senaratne said that the general election was peaceful. There hadn’t been serious violence in any part of the country though there were some clashes between supporters of TNA heavyweight M.A. Sumanthiran and Sashikala, wife of slain TNA lawmaker Nadarajah Raviraj.

 

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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.

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JVP picks holes in PCoI report

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By Saman Indrajith

The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.

Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.

“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”

Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.

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