by Professor Arjuna Aluwihare
Professor of Surgery University of Peradeniya and former Commissioner, Human Rights Commission, Sri Lanka

The subject of political rights of a population or individuals is an interesting one. In the first part of this note one cannot but avoid briefly considering political rights in the fervour of the electoral process that is due to elect a party to serve (note — not to ‘power’). I join many others who want an election of which all of us can be proud. Later I touch on the relationship between Political and the other groups of Rights.

The chance the people of a country have to choose a government, from time to time, without pressure, and full participation of the adults in the population, is an important aspect of political rights. We have such a chance again now. It has to be understood in such a system, that when an election takes place there must be winners and losers. During period before the election it is suitable that there should be competition between the different parties. After the election is over however, the parties must recognize that they are all equally part of the governing system, and must work together for the good of the country. If only this were recognized then may be this country would have not slid from disaster to worse since independence. If this is not accepted even now — when the ‘war’ ends we will continue to degenerate as we had done before the ‘war’ — and this will foster another war (amongst the Sinhalese as in 1971 and 1989-90 or amongst different ethnically based terrorist groups.

If the parties in the election and the public really respect the concept of political rights, then there should not be violence before, during or after the election. Equally, there should not be corruption, cheating with votes, the deliberate abuse of election laws, and so on. As regards laws there is the simple example of how they are often broken in letter and spirit. In many systems including ours, posters are forbidden. The walls of the town and the sides of the vehicles of public transport show how badly the rule is broken. Even now this is the case in spite of many statements promising the contrary. In my town there are posters on Ministers, Deputy Ministers and leading opposition candidates. There are people who even dare to put up posters of Ministers in charge of such important aspects as Defense, Justice, Foreign Affairs and of leading but controversial opposition candidates — thus discrediting all these persons. I feel that any form of illegal activity on behalf of candidates constitutes intimidations by the candidate and this would be a violation of the right to vote freely. If posters are illegal, do not their proliferation represent intimidation? Violence before elections is mounting. I believe that if the leaders of parties are sincere they can stop this by summarily removing the party backing, after summary inquiry, from any one who might even be involved in breaking the law or allowing violence. The transport of voters in cars is forbidden.

But on election day the abuse of this rule is obvious. Violence after elections when the supporters of the winners punish the supporters of the losers is also sadly common. If party leaders were sincere I do not think party representatives at polling stations are needed, as no one would be trying to cheat. Foreign polls observers are also welcomed by the main parties as it legitimizes cheating in such a way that the observers cannot spot it although the local population can (but are powerless to intervene or too fed up to act afterwards). If party leaders are sincere, we do not need observers from abroad! When the politicians involved permit these offences, or allow them to go unchecked, and when the police forces of a country appear to favour the ruling party, then one cannot say there is true respect for political rights. Such lawlessness fostered by the creators and guardians of the law spawn lawlessness in general! We have a literate population and if the democratic systems are so corrupt another revolution will surely come.

In recent times there have been bad abuses of the political rights of the population. The extension of the term of Parliament was one example over 20 years ago. The referendum on not having an election was another. These are instances where a legal ruse is used to cheat the population of its right to vote for continuity or change. Recently there was another example — that is the appointment as Chief Ministers in Provincial Councils not of the persons who were expected to fill those posts, but of spouses and others. The major parties in this country seem to take turns in abusing the voters’ rights in this kind of major way. Another example is the misuse of Government and State property, jobs, schemes, etc. to continue in ‘power’. The Constitution and Law are of paramount importance — but as long as those who design and help implement them are thought to cheat the public in matters the public easily understand, no one will accept bona fides of politicians in changes that are planned. As regards the most recent Provincial Council elections a patient of mine when describing the stuffing of ballot papers in a Central Province booth visited by a, Cabinet Minister remarked that at least for every two put in for one party the ‘stuffers’ put in one for the other major party! He felt this was not as bad as if all the votes went to one party! In another recent election the extent of alleged corruption of the electoral process disgusted our population.

The electoral process itself must be conducted with due secrecy and in such a way that is no pressure on voters to vote in a particular direction. There must be proper access to the media and people for representatives of the different parties. Voters must use the opportunity to vote. They must not terrorize each other. They must respect the fact that differences of opinions are part of the democratic process. It is important that both the politicians and supporters and the officials is involved understand that the democratic process involves winning, losing, and fair competition. The example and precept of those in party leadership positions is of paramount importance.

As mentioned earlier once the new government is selected then all parties, both winners and losers, should join together in running the country. As regards political rights the matter does not end here. The United Nations declaration of human rights, the covenants on Political and Civil rights, the covenant on Economic, Social and Cultural rights, and all the other covenants must now taken together and in a balanced way. This means that the government system has a responsible job in seeing that all these different rights are fulfilled for all of the population as best as possible within the resources available. Unfair distribution of resources only to the electorates in which the ruling party has power, or siphoning resources into politicians pockets, and anything else that prevents the fulfilment of the different rights of the population, must constitute an infringement on the political rights of the people. I recently discovered that when politicians get hefty commissions and other inducements they do not pay GST or Tax or Defence Levy contributions on these gratifications. Debate both inside and outside the politicians chamber, perhaps Parliament, must be of such a nature that it is edifying for the public and helps to run the country. Recent exhibitions of unruly behaviour in Parliament at the time the Constitution was being debated are totally unacceptable from the pensionable car permit acquiring and selling representatives of the people. It is equally insulting when the chamber is almost empty of those allowed such privilege. The press must be used in a responsible manner by politicians and the press must behave in a responsible manner on national affairs. To refer again to the media — politicization of the media will corrupt, discredit and degrade the media as much as it does any other section of society. Many of the papers and TV programmes now lack credibility as they seem unable to separate fact from commentary. The recent disturbances, reflect a dangerous trend, as does the apparent lack of ability of the media first to report facts impartially, and if They wish to, then to comment in a partisan manner.

Major national matters. Such as economic development, national security, internal and external trade, relations with other countries and international agencies, education, health, indigenous food production and industrial production, and other similar matters must not be used by politicians to score cheap debating points off each other. In the last tragic doctors strike — various groups were trying to score off each other. Whilst the doctors (we must now drop the word strike from our vocabulary) lose the trust and respect of the public by such actions, it is clear that they (we) do not believe that politicians can even be trusted to make a simple appointment in a proper manner, nor run the Provincial Health services sans destructive interference for personal gain of some kind. The matter of corruption and nepotism, and indeed the matter of fair play in promotions and appointments and employment, must have consensus amongst the political parties in word and implementation. Even more tragically in the present context of ‘war’ and the desire for a reduction in the tensions in the country related to ethnic matters, it would seem the parties are trying to score off each other. There are many other subjects which I believe come within the smbit of the full of meaning of the words political rights of the people, but for now these examples and suggestions must suffice.

The political system in a democracy, must be non-confrontational after the election is over. It must fulfill the expectation of the public of good governance. It is only then that one can say that political rights of the population are being observed. There is an awful warning that politicians in a democratic system must understand. The further politicization and prostitution of a political and administrative system by politicians for short term gratification cannot be good for us now or for the youth of today or tomorrow. In their behaviour in Sri Lanka today no major Political party can exonerate itself from a charge of blind opportunism. It is difficult to know to whom to turn. People expect a lot from a democratic governmental system and if they do not have their expectations fulfilled, then they really want to destroy the system which they feel has betrayed them. The ensuing violence, with or without formal armed insurrection, can ruin the "good that may have occurred during many previous years. In a cauldron of armed conflict, politicized and ordinary criminality, divisiveness, we go back to cycles of abuse of all kinds of civil rights by governments and armed political opposition. This is something that no country wants; no country can afford the waste of emotional and human or economic capital this kind of violence entails.

I have to urge and plead in conclusion that it is fundamentally important that a holistic view of political rights and political responsibilities are accepted by all parts of democratic countries. Let us in our age, and more precisely before, during, and after the election due in a few weeks, prove Samuel Johnson wrong.