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EU Election Observation Mission Sri Lanka 2004 -- Final Report on the Parliamentary Elections

"Overall, it would be fair to conclude that the 2004 elections were largely conducted in a democratic manner, apart from the North and the East. If the election results in the North and East had been a critical factor in determining who formed the government, it would have raised questions about the legitimacy of the final outcome. The events that took place in this part of Sri Lanka during the course of this election were totally unacceptable and are the antithesis of democracy. " Download pdf-file(912kB)

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Background:

Tigers promote grand Tamil alliance strategy – The formation of the TNA: D.B.S. Jeyaraj Sunday Leader Febr. 15,2004

AMNESTY INTERNATIONAL PRESS RELEASE 27 February 2004 Sri Lanka: Put human rights first during the elections

University Teachers for Human Rights (Jaffna)before the elections in.. Information Bulletin No. 35, 8th March 2004

Related Reports and Organisations:

PAFFREL

Center for Monitoring Election Violence

The European Union

Interim Report as of April 4:

" .. In the North East there was a climate of intimidation due to the fear of assassination and assault by parties and groups that opposed pluralism in Tamil society. .. "

CMEV states:

" .. the polling in Digamadulla District has been flawed in the Polling Divisions of Sammanturai, Potuvil and Kalmunai to the point where an annulment of the polls there would be warranted. .. "

Media communiqué as of March 30

3RD REPORT - POLLING DAY - 2ND APRIL 2004

The CMEV 58 page Interim report in pdf-format as of April 7th to be downloaded here:

EU Interim report as of 0404:

" .. In Government controlled areas of the North and East, rival Tamil parties to the TNA were seriously restricted in their ability to campaign. .. "

Final Report on the Parliamentary Elections 60 page pdf-file 912 kB

Japan

The Commonwealth

National Christian Council

From the Japanese Monitors on April 5th:

"... Particularly in the North and East, however, there were some difficulties in conducting a free and fair election. In this regard further improvement is highly expected with the tenacious efforts of all parties concerned. .. "

The Commonwealth

Interim statement on Sri Lanka general election

Departure Statement

The National Christian Council of Sri Lanka

Statement on the parliamentary elections of 2004

April 3, 2004
For Immediate Release:

SLDF Denounces Massive Election Fraud in North and East; Supports Calls for Fresh Elections

As the polls closed in Sri Lanka’s April 2 election, one thing was clear. Tamil voters of the North and East had once again been denied their franchise. But this time the obstacle was not war, nor was it state-sponsored discrimination. It was fraud, intimidation and murder perpetrated _ ironically -- by the LTTE and its proxy, the TNA. While incidents and fraud did occur in some other parts of Sri Lanka, the incidence of vote rigging in Jaffna, Batticaloa, Vanni and Trincomalee, was exceptionally high, and blatantly executed.

Voting in the North and East had been preceded by deliberate targeting of opponents by the LTTE over the course of many months, during which hundreds of people _ including candidates, potential candidates and their supporters -- were killed, “disappeared,” injured and otherwise threatened to silence their dissent. But the LTTE failed to complete its mission. A few courageous people, knowing fully well they endangered their lives in doing so, remained willing to stand up to the LTTE to contest this election.

During this election, the LTTE refused to risk the possibility that Tamil voters might reject the LTTE’s violent hold on their community and its totalitarian claim as the Tamils’ sole representative. To achieve this end Tiger cadres and members of the TNA stuffed ballot boxes, distributed stolen and counterfeit polling cards, deployed impersonators (including teenagers), threatened and photographed polling agents from other parties. Jaffna residents report that as late as the evening of April 1, LTTE cadres were going house to house and demanding that individuals relinquish polling cards. On Election Day supporters of dissident parties complained that on their way to the polls, their polling cards had been stolen from them.

Witnesses in Jaffna reported men distributing stacks of polling cards, and others attempting to wash off the ink used to mark the fingers of people who have already voted. They also reported that LTTE members and TNA supporters, were ferrying chosen voters to the polling booths via vehicles with erroneous number plates.

The role of the police during the elections is unacceptable. The police failed to record grievances, and they failed to act when dissenting party candidates and others protested against their having been subjected to intimidation and fraud. The police should have ensured against such massive fraud and blatant violation of election law.

Tamil opposition parties estimate that tens of thousands of fraudulent votes may have been cast in Jaffna. Their estimate is more than credible. Given that the last voter list was compiled in 1986, and that approximately a third of Jaffna’s population remains displaced, a large percentage of those who voted in this past election were impostors carrying the voting cards of displaced and deceased citizens. The Centre for Monitoring Election Violence has stated: “… on the basis of the reports that we have received from our observers in the field, we feel that polling in the Jaffna District was subjected to systematic impersonation, therefore warranting an annulment of the poll there followed by a re poll of the District. We urge the Commissioner to consider this.”
Witnesses in Vavuniya reported election fraud as well. CMEV observed: “systematic impersonation and distribution of polling cards … at clustered polling booths” in Omanthai.In Batticaloa, supporters of dissident LTTE leader Karuna fell into old habits as they backed their own candidates with similar tactics. The LTTE’s recent murder of TNA candidate Rajan Sathiyamurthy _ allied with the dissident Karuna -- discouraged many voters in Batticaloa town from going to the polls. But voters from “uncleared” areas received explicit instructions to vote for select candidates, and did so in large numbers, particularly after Karuna’s men distributed polling cards to them. Furthermore, the Muslim constituencies in the East faced rigging both from the UPFA and SLMC.

SLDF also remains concerned about the safety of dissenting party candidates and supporters in the North and East. During the last few weeks, LTTE cadres threatened candidates, their relatives and party supporters saying that “they would be finished” after the elections. SLDF’s worst fears to date were realized as two candidates were murdered and at least six others related to the elections were murdered or seriously injured after Amnesty International issued the following statement on February 27, 2004: “In the run up to parliamentary elections called for 2 April, Amnesty International is urging political parties and the Liberation Tigers of Tamil Eelam (LTTE) to instruct their members not to assassinate political opponents or their supporters, or carry out other violent attacks on party activists and election monitors during the election period.” SLDF calls on the President, the caretaker government and the international community to ensure the safety of dissenting party candidates and supporters after the elections, as retributive killings are likely to target candidates and party workers that did not fall in line with the LTTE’s threats.

SLDF can only conclude that this election bears little if any meaning for the people of the North and East. The right to vote and choose one’s political representatives freely is precious, and that right has been denied to the people of the North and East for decades. Opposition candidates were summarily denied the opportunity to state their views to the people of the North and East, and in some horrific cases, simply eliminated of their existence altogether. During this election, the typically sacrosanct act of casting one’s vote, so essential to the democratic process, was denigrated into an object of utter ridicule. Election fraud constitutes an atrocious act of theft that strips from people, already disempowered, one of the few rights they still own. We therefore lend our overwhelming support to all whom call to annul the results of this election, and hold a fresh vote.

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From the EU PRELIMINARY STATEMENT Sri Lanka Parliamentary Elections 2004 Colombo, 4th April 2004

Page 2:

2. The degree of freedom of political parties, alliances and candidates to organize, move, assemble and express their views publicly. With the exception of the North and East, all political parties and independent candidates were generally able to campaign freely, meeting voters and presenting their political platforms. In the Liberation Tamil Tigers of Eelam (LTTE) controlled areas, only the Tamil National Alliance (TNA) were able to campaign. Other parties could not do so due to prior intimidation and consequent genuine concerns for their personal safety. In Government controlled areas of the North and East, rival Tamil parties to the TNA were seriously restricted in their ability to campaign. However, the other parties did not experience these problems.

This was due to two new factors. Firstly, the LTTE were intent on ensuring that no other rival Tamil party to the TNA would be able to claim to represent Tamil interests. Secondly, the split between LTTE in the North and the East exacerbated the situation, resulting in the murder of a TNA candidate, the attempted murder of the Government Agent of Batticaloa and the forced displacements of northern Tamils out of Batticaloa.
Other types of violence were generated by the tension between the two main alliances, in particular in Kurunegala and Digamadulla at the end of the electoral campaign.

Moreover, as there had been considerable tension in past elections between the main rival parties, it was disappointing that in this election they used aggressive campaign advertisements with negative images or offensive personal attacks. Such advertisements contributed to create a climate of confrontation. One of the recommendations of the last EU Observation was the introduction of a code of conduct for political parties that would include the prohibition of all violent acts and languages. Regrettably, this has not been implemented.
(..)
To download the full text as pdf-file: http://europa.eu.int/comm/external_relations/human_rights/eu_election_ass_observ/sri_lanka/report.pdf

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PAFFREL Interim Report
Parliamentary General Elections 2004

April 4, 2004, 2.00 p.m.

The General Parliamentary Election of April 2nd took place in an atmosphere largely free of the violence and intimidation that had marked past elections, with the exception of the North East. In the North East the election period was marred by numerous acts of political intimidation and violence that made it impossible for parties not supported by the LTTE to campaign freely. Election related political murders of UNF candidate Mr. S. Sundarampillai and EPDP activist Mr. P. Nagendran were committed in Batticaloa at the commencement of the campaign leading to the withdrawal of four UNF candidates contesting from the Batticaloa district. TNA candidate Mr. Rajan Sathyamoorthy was assassinated at his home, together with his brother in law, Mr. Kanagasabai almost at the end of the campaign period in Batticaloa allegedly by the LTTE and the Government Agent, Battcaloa, the Chief Returning Officer for the districtwas shot at and critically wounded a few days before the poll. The fifth murder was of Mr. Kalam of the Sri Lanka Muslim Congress in the Amparai district. These had a chilling effect on campaign activities in the east. On election day, PAFFRELs international observers monitors witnessed large-scale voter impersonation out of LTTE controlled areas [and in WHERE]. in Jaffna town and at the cluster polling station at Muhamalai in the Jaffna district, and in a number of locations in the [and Batticaloa district],

Read the full report here

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STATEMENT BY THE ELECTION OBSERVATION MISSION OF THE GOVERNMENT OF JAPAN TO SRI LANKA

Media Release
05 April 20041.

The ten-member Election Observation Mission of the Government of Japan is in Sri Lanka from 29 March 2004 at the invitation of the Elections Commissioner of Sri Lanka to observe election process of the April 2 general election. The Mission is headed by Mr.Isamu Nitta, former Ambassador of Japan to Sri Lanka and comprised of the Japanese scholars and officials of the Ministry of Foreign Affairs of Japan.
2. Having highly appreciated that the Elections Commissioner of Sri Lanka kindly invited the co-chairs group of the Tokyo Donor Conference to send the Election Observers, the Government of Japan has accepted this invitation from the point of view that Japan will support the peace process of Sri Lanka. The Mission is the first of its kind to be dispatched to Sri Lanka by the Government of Japan.
3. The Mission covered the areas of Colombo, Gampaha, Vavuniya, Kandy and Galle in five groups and observed the election process on and around 2 April. In addition, the Mission called on the Elections Commissioner, the Inspector General of Police and the Foreign Secretary of Sri Lanka and had exchange of views with officials of the Election Commission and the police authorities.
4. The Mission observed the election process with cooperation of the authorities concerned in the above areas and without particular difficulties. The Mission made the following assessment and observations.
a. The selection was conducted in a peaceful manner with high voter turnout and significant reduction in the election related violence and other malpractices compared with the previous elections. This proves the strength of democracy in Sri Lanka.
b. In this regard performance of the Elections Commissioner and his staff as well as the police throughout the country is greatly commendable. Also the fact that this time the local observers were granted access into the polling stations contributed greatly to the transparency of the election process.
c. The polling and counting process observed by the Mission have been conducted by and large smoothly, enabling the people of Sri Lanka to cast their votes in a free and fair manner.
d. Particularly in the North and East, however, there were some difficulties in conducting a free and fair election. In this regard further improvement is highly expected with the tenacious efforts of all parties concerned.
5. The Mission wishes to express its profound gratitude to the Elections Commissioner and other authorities concerned of Sri Lanka for their cooperation extended to the Mission.

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Statement on the parliamentary elections of 2004 from the National Christian Council of Sri Lanka

The National Christian Council of Sri Lanka calls on all the people of our country to act with wisdom and responsibility at the forthcoming general election. It is vital that a free, fair and violent free election is held. We note with concern the high incidence of violence already reported from various parts of the country and in particular the election-related political assassinations and attempted assassinations in the East.
We also note with concern that the elections will be held without the constitution of the elections commission which was required to be set up under the seventeenth amendment to the constitution. We have every confidence that the Commissioner of elections to implement fully and effectively the powers that he has at his disposal to ensure that the election is free, fair and violent free.
We appeal to the candidates at the forthcoming elections to eschew violence and conduct themselves in a manner that befits the high office they seek. We call upon the people to reject candidates from any political party who engage in violence and election malpractices. We also request the leaders of political parties to ensure that all those who work for their parties' success strictly adhere to the highest standards.
Civil Society leaders and the General Public must collaborate to ensure a free, fair and violence free Election. This calls for vigilance, monitoring and prompt remedial action. The media, both state and private, must exercise its role with integrity, courage and impartiality to inform and educate the people. All must be free to vote for candidates and parties of their choice.
The people have a right to ask the political parties and other independent groups contesting the Election to make their stance clear on the core issues facing the country. The support of the people would depend on their commitment to a just and equitable position on them:
Carrying forward the peace process and expanding the present ceasefire agreement to a negotiated permanent resolution of the substantive political issues that have caused the ethnic conflict. We call upon all parties to declare openly their commitment to a negotiated political solution and their commitment to a multi-ethnic and multi-religious society that will treat all people with equality and dignity.
Addressing the issues of poverty and development in our country in terms of social and economic policies and programmes that seeks to bring dignity and to better the life of the rural and urban poor and the marginalized.
A commitment to change the culture of corruption and violence that has unfortunately corroded our political and social life. An indicator of this commitment would be whether the parties have denied nominations to candidates with a known record of corruption, thuggery and election malpractices.
A commitment to human rights. Again, a test of this commitment to pluralism is a willingness to allow the people to listen to opposing points of view and to make a free choice without intimidation and violence; a willingness to allow the freedom of expression and a freedom from fear.
We also make a special plea in the background of the ugly incidents of religious intolerance of the recent past: We appeal to the citizenry of our country to denounce such regressive measures and to vote for the protection of the freedom of religious worship and practice we have enjoyed thus far.
It is our prayer that our common yearning and journey towards justice, sustainable development, reconciliation and peace will be clearly addressed and helped through this General Election.

Signed
Rt. Rev. Kumara Illangasinghe - Chairperson - National Christian Council of Sri Lanka
Bishop of Kurunegala, Church of Ceylon
Rt. Rev. Duleep de Chickera - Bishop of Colombo, Church of Ceylon
Rt. Rev. Dr. S. Jebanesan - Bishop in Jaffna - Church of South India
Rev. Noel Fernando - President - Methodist Church Sri Lanka
Rev. W. Warshamanage, President - Sri Lanka Baptist Sangamaya
Colonel Dr. Brian Tuck - Territorial Commander - The Salvation Army
Rev. C.N. Jansz - President, Dutch Reformed Church
Rev. George Stephen - Moderator - Presbytery of Lanka
Young Men's Christian Association (YMCA)
Young Women's Christian Association (YWCA)
Student Christian Movement (SCM)
Ceylon Bible Society
Christian Literature Society

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Commonwealth Observer Group

Interim statement on Sri Lanka general election
Released: 5 Apr 2004
It is difficult to describe an electoral process as fair when the State media is as biased as it has been in Sri Lanka in the run-up to this General Election. Balance on the part of the State media - with its particular authority and reach - is essential for democracy. Its absence during the campaign cast a long shadow over this electoral process.
Loading ballott boxes to be counted
A second shadow was cast by violence and intimidation during the campaign. We commend the Police and the Commissioner of Elections for their efforts to achieve a violence-free General Election. Terrorism, assassinations and other violence strike at the very heart of the democratic process and undermine development and prosperity.
After this, the events of polling day came as a pleasant surprise. The results process is continuing, so it is too early to give a judgement on that. However, the voting has concluded and, while I will need more time before I make any statement about the situation in the North and East I can report that our Teams elsewhere in the country have told me that the arrangements made by the Commissioner of Elections were effective. According to our observation, the voters were able to cast their ballots freely, the secrecy of the ballot was assured, large numbers of people were processed with efficiency and the party agents were satisfied. We noted that the parties had put forward few women candidates, but many women voted. I should add that our Observer Teams were given full access to polling places.
The Commissioner, his staff and the Police are to be commended both for their preparations and their performance on the day. I congratulate the many individuals and organisations which have worked hard and with great dedication for a good General Election.
This Interim Statement is very much preliminary in nature, an initial comment rather than a final judgement on the General Election. That final judgement will come in our Report to the Commonwealth Secretary-General and will be based on full reports from all our Teams, collective discussion by the Group and a thorough assessment of the totality of the electoral process. Our teams return to Colombo tomorrow. We will then begin writing that Report, which we will complete and sign in the capital before we depart on 8 April 2004".
Related:
Face in the news: Sri Lankan President Chandrika Kumaratunga
Note to editors
Following receipt of an invitation from the Commissioner of Elections, the Commonwealth Secretary-General sent an Assessment Mission to Sri Lanka in February 2004. Advance staff followed and the main Observer Group began work on 25 March. Observer teams were deployed across the country on 29 March and were based in Colombo, Galle, Ratnapura, Jaffna, Batticaloa, Anuradhapura/Trincomalee and Kandy. The Commonwealth Teams will remain in their areas of deployment on 3 April to observe the immediate post-poll-period. On 4 April they will begin their Report, which will be forwarded to the Commonwealth Secretary-General, Rt Hon Don McKinnon. Mr McKinnon will send the Group's Report to the Head of Government, the Commissioner of Elections, the political parties, non-governmental organisations, Commonwealth governments and others. The report will then be made public and be placed on the Commonwealth Secretariat internet site.Further information: James Robertson +94 (0) 77 632 2433
Commonwealth Observer Group Office + 94 (0) 77 636 0898From http://www.thecommonwealth.org/Templates/System/LatestNews.asp?NodeID=37260

http://www.thecommonwealth.org/Templates/Internal.asp?NodeID=37272

Pdf-version here:

Sri Lanka General Election 2004 Commonwealth Observer Group Departure Statement
We finish our work in Sri Lanka today after one of the best General Elections this country has had in recent years.

We observed that, except in the North and the East, the General Election took place in conditions of political freedom. The political parties were able to campaign and express their views. The voters were able to cast their ballots freely; we applaud them for the way in which they demonstrated their commitment to the democratic process, even in those areas where problems were apparent.
We conclude that except in the North, and to some extent in the East, the conditions existed for a free expression of will by the electors. The results reflected the wishes of the people of Sri Lanka.
The process was not credible in all respects. In particular, we remain deeply concerned about the impact of pre-election violence and intimidation and the role of the State media. Together, as our Chair said in the Interim Statement, these cast a shadow over the electoral process. We implore Sri Lanka's responsible political forces to ensure that all violence is removed from the campaign in future and that there is a level media playing field.
We recognise that this General Election represents a major breakthrough in the North and East, where for the first time since fighting began between the LTTE and Government security forces, there is now a possibility of normal democratic politics and credible elections.
However, this time only one party was able to campaign freely in the North and there were significant constraints on campaigning in the East. Before future elections all parties will need to agree that democracy can only proceed if all contestants have a fair chance and an equal freedom to campaign, and to act accordingly.

We have now completed our Report to the Commonwealth Secretary-General, which he will in turn convey to the Head of Government, the Commissioner of Elections, the political parties and Commonwealth governments. It will then be made public. It contains our Conclusions and our Recommendations and a full account of our observation.
We leave Sri Lanka with respect and affection for its people, to whom we send our very best wishes, and thanks and appreciation for all the assistance extended to us during our stay here. The Commonwealth will follow events in Sri Lanka closely in the months and years to come, as will we as individuals. We wish you success in your work to build on this General Election and deepen democracy in Sri Lanka.Note to Editors
This departure statement is available on the Commonwealth Secretariat website, http://www.thecommonwealth.org/. The Report of the Commonwealth Observer Group to the 2004 Sri Lanka General Election - which will be released in about a week - will also appear on the website.

For further information please contact James Robertson Telephone +94 (0)776 322 433

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Centre for Monitoring Election Violence

http://www.cpalanka.org/cmev_3rd_Report_Polling_Day_2nd_April_2004.html

Media Communiqué on Election-related Violence
General Elections - 2004
3RD REPORT - POLLING DAY - 2ND APRIL 2004

Throughout the campaign for General Elections in April 2004, CMEV had highlighted the need to pay special attention to the conducting of a free and fair election in the North and East, with a focus on ensuring respect for the rights of voters and the rights of political parties and groups contesting the elections in these areas. This was because of the circumstances in which large numbers of voters from the uncleared areas were to cast their vote for the first time and in the context of fears expressed by both Muslim and Tamil political parties and groups contesting the elections in the North and East of intimidation and harassment of their supporters. The fact that all five election-related murders that took place during the election campaign, between March 1 and March 31, occurred in the Eastern Province further heightened the need to pay special attention to this Province on Election Day. Batticaloa:
CMEV monitors filed complaints of widespread impersonation at the Agrarian Service Centre, Kattankudy (Polling Station 108) Kattankudy Madya Maha Vidyalaya (Polling Station 117) and Nuramiya Maha Vidyalaya (Polling Station).
There was also a report of an assault of candidate Mr. Nazeer Hamza, of Independendent Group 8, at the approach to Nooraniya Maha Vidyalaya in New Kattankudy West (Polling Station No. 116).
Monitors recorded intimidation of polling agents at several polling stations. UPFA candidate Mr. Kazali complained to CMEV monitors that SLMC polling agents were intimidating his colleagues inside the polling stations at Al Noor Vidyalaya, Valaichchenai (Polling Station Nos. 58, 59 and 60) when he challenged impersonations. Our monitor reported a tussle between supporters of SLMC and UPFA at the entrance to the station, and the Police had to disperse the crowd. There were also complaints of large-scale impersonation at this Polling Station.
There were also reports of large crowds congregating near the Ottamavadi Maha Vidyalaya (Polling Station No. 9). Digamadulla District:
Amparai:
CMEV monitors made special reports on the situation they discovered in many polling stations in Sammanturai and Potuvil throughout the day. There were cases of impersonation, intimidation of voters and polling agents, including one CMEV monitor, blatant distribution of polling cards in the vicinity of the polling station, transporting of voters and several incidents in which the Police was forced to fire into the air to disperse groups that were congregating near the entrance to a polling station.
We give below several examples of such incidents: Impersonation:
Incidents of impersonation were observed by CMEV monitors at the following Polling Stations, among others:

Sammanturai:
Sennal Gramam Zahira Vidyala (Polling Stations No. No 32 and 33)
Govt. Tamil Mixed School, Malwatta (Polling Stations 44 and 45)
Jamaliya Vidyalaya, Sammanturai (Polling Stations 30 and 31)
Al Ershad Vidyala, Sammanturai (Polling Stations 35 and 37)
Muslim Maha Vidyalaya, Sammanturai (Polling Stations 19 and 21)
Kallarachchal Muslim Vidyalaya (Polling Stations 28 and 29)

Potuvil:
Karativu Shanmuga Vidyalaya (Polling Stations 122 and 123)
Al Ashraq National School, Nintavur (Polling Stations 112 and 116)
Kumara Vidyalaya, Tirukkovil (Polling Station 45)
Imam Rumi Vidyalaya, Nintavur (Polling Station 103)
Imam Kasali Vidyalaya, Nintavur (Polling Station 101)
Al Hidaya Vidyalaya, Palamunai (Polling Station 85) SPO U.L.O. Rahamatullah told CMEV monitors that there had been attempts at impersonation that he had prevented.Attacks on candidates:
Police complaint EIB 368/4 made by Mr. Abdul Rashid Mohamed Sayeed a candidate of Independent Group No.19, of an attack on him and a group of his supporters near the 5th milepost on the Amparai/Akkarapattu road by SLMC supporters including a candidate, Mr. Uvais. Two candidates on the Independent Group No. 19 list were injured, Mr. Mohamed Thambi Muhajirin and Mohamed Ibrahim Mohamed Hussein and admitted to Amparai Base Hospital with cut wounds. Intimidation of voters:
Marathamunai public Hall (Polling station 49, Kalmunai): persons gathered close to the polling station wearing caps with the colors green and yellow and the number 1 and 8 with a cross marked on it were heard by our monitors loudly stating that someone who had harassed them yesterday (name was not clearly heard) would be killed if they came to vote today.
Sennal Gramam Zahira Vidyala, Sammanturai(Polling Stations 32 and 33, Sammanturai)a clash between supporters of SLMC and NUA outside the polling station had led the STF to shoot into the air and also push back the crowd. Some persons said they had been hurt in the incident and there was high level of tension in the area around 11.30 a.m. on April 2.
Al Ashraq National School, Nintavur (Polling Stations 112 and 116, Pottuvil): persons gathered outside the polling station had leaflets promoting the number of one candidate in their hands and they were attempting to distribute it to persons going in to the polling station. A large group of people were gathered in a house right across from the polling station from which observers said they were coordinating impersonation and other irregularities.
No 28 and 29, Kallarachchal Muslim Vidyalaya, hall 1 and 2, UPFA supporter assaulted and hurt by SLMC supporters. Intimidation of polling agents and CMEV monitors:
Mr. S.C. Faleel, the CMEV monitor at Sennal Gramam Zahra Vidyalaya (Polling Stations 32 and 33, Sammanturai)had been threatened on the previous night by a group of unidentified persons who came to his home and said he would be killed if he monitored the elections.
The EPDP has complained that their polling agents in Potuvil, Kalmunai and Sammanturai were intimidated and chased away from polling stations. They have already lodged a complaint in this regard with the Commissioner of Elections.
In Kalmunai, No 29, Al Azar Vidyalaya, Kalmunaikudi, polling agent belonging to Independent Group 22 was assaulted allegedly by a group of Ferial Ashraf’s supporters inside the polling station. The victim has been admitted to the Ashraf Memorial Hospital. Distribution of polling cards:
Lal Thurairajah, EPDP candidate, has complained that at Methodist Tamil Mixed School in Komari (Polling Station 30, Potuvil) and other polling stations in the area, he observed the distribution of polling cards taking place in the immediate vicinity of the Polling Station. Transporting of voters:
On the road from Tirukkovil to Akkaraipattu, monitors recorded Isuzu van 30 Sri 0238 and a white van 250-6210 that were transporting voters accompanied by young men who distributed polling cards to the passengers.
CMEV monitors also observed that in some cases there was lack of effective action taken by the SPOs and Police to prevent impersonation and congregating of persons outside the polling stations.
We hope to submit a full report of all incidents of election-related violence and irregularities to the Commissioner of Elections within the next week.
In view of the above, we feel that the polling in Digamadulla District has been flawed in the Polling Divisions of Sammanturai, Potuvil and Kalmunai to the point where an annulment of the polls there would be warranted. We urge the Commissioner of Elections to consider this. 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 organization to monitor the incidence of election related violence.
Dr. P. Saravanamuttu
Co-Convenor
Sunila Abeysekera
Co-Convenor
Sundanda Deshapriya
Co-Convenor

The CMEV 58 page Interim report in pdf-format as of April 7th to be downloaded here:http://www.cpalanka.org/research_papers/Interim_Report_7th_April_2004.pdf

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Centre for Monitoring Election Violence

From: http://www.cpalanka.org/cmev.htmlhttp://www.cpalanka.org/cmev.html
Media Communiqué on Election-related Violence

General Elections - 2004
30th March 2004 – 13th Media Release
CMEV is gravely concerned about the situation that is developing in the North and East with serious acts of violence, including murder, and widespread intimidation, that raise a number of critical issues regarding the possibility of holding a free and fair election in these areas.

The Parliamentary elections of April 2004 have a special significance for people living in the North and East of Sri Lanka, many of whom will cast their vote for the first time in over 15 years. It is in this context that CMEV has monitored the situation in these areas with a special focus during the past weeks.

The murder of TNA candidate Mr. Rajan Sathyamoorthy in Batticaloa this morning, along with another TNA supporter, Mr. Kanagasabai, brings the total of election-related murders in that District to four. The earlier murders were of Mr. S. Sunderampillai, UNF candidate and EPDP activist Mr. P. Nagendran. Four (4) UNF candidates resigned as a consequence. There was a fifth murder in Amparai District, of Mr. Kalam, a SLMC worker. All these murders took place within the past four weeks. The attempted murder of Batticaloa GA Mr. Maunaguruswamy, who is the designated Chief Returning Officer for the District is equally contemptible.

These murders as well as many other incidents of attempted murder, assault, harassment and intimidation have created an environment in which the ability of voters in the North and East to make an informed choice of candidates is seriously impaired. The recent split within the LTTE and the subsequent realignment of forces in the North and East have also contributed towards the intensification of tension surrounding the elections in these areas and have had a disastrous impact on the conduct of this campaign.

Among the most disturbing of the reports that we have received concerns the actions of some candidates and supporters of the Tamil National Alliance (TNA) allegedly with LTTE backing that have made it virtually impossible for other Tamil parties and groups to carry on with an election campaign throughout the North and East. From the Jaffna District in particular, we have received many reports of attacks and intimidation of supporters of Mr. Anandasangaree of the TULF and members of the EPDP. In the East, Mr. J. Pararajasingham, TNA candidate, has also complained of his inability to carry on with propaganda activities.

The rights of voters in those areas of the North and East that are under LTTE control have become a major focus of attention especially among the international community. The focus has been on the establishment of cluster polling stations in areas outside the military control of both the Sri Lankan army and the LTTE (in the 'no man's land') and the provision of transport and other facilities to enable the more than 250,000 voters in these areas to exercise their franchise for the first time in many years.

However, there has been little focus on the rights of these voters to receive information regarding the different political parties and groups that seek their vote in order to enable them to make an informed and free choice of candidate. Given a situation where no group other than the TNA has been able to enter and canvass for votes in these areas, once again the issue of whether an election held under such circumstances could be considered to be free and fair remains an issue.

CMEV has, from the beginning of the present election campaign, reiterated that in the North and East the major responsibility for a violence-free election campaign rested on the Police and the LTTE, as the two main actors with the capacity to ensure the safety and security of all candidates and supporters. Sadly, they have been unable and perhaps sometimes unwilling to fulfill their obligations in this regard.

Although we had hoped that the Amnesty International note of caution that 'candidates and supporters of Tamil political parties not allied to the TNA may become targets of assassination' would turn out to be misplaced, in fact the tragic reality has been that the election campaign in the North and East has turned out to be fraught with violence and flagrant disregard for the democratic rights of the citizens of these areas.

CMEV urges all parties contesting the elections in the North and East to ensure that voting is carried out without any acts of intimidation or violence or other malpractice on April 2, 2004. It is only if divergent views and opinions are allowed to be expressed, and are seen to be expressed, that these elections can go on record as being conducted in a free and fair atmosphere. It is only then that all those who emerge victorious can truly claim to be the legitimate representatives of their constituencies.

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 organization to monitor the incidence of election related violence.

Dr. P. Saravanamuttu
Co-Convenor
Sunila Abeysekera
Co-Convenor
Sundanda Deshapriya
Co-Convenor