An open letter to Presidential Election candidates;Legalise ‘System Change’

By Bernard Fernando

Weaknesses and shortcomings in our Political and Electoral Systems have over the last several decades allowed power hungry, mediocre and nepotic politicians to rule the roost in our Parliament. They were desperately upstaged by the epic amalgam of ‘People’s uprising’ through the ‘Peaceful New Generation Aragalaya-2022’ and the country’s declared ‘Bankruptcy’. The representatives and pervasive injustice due to aversion towards law and order overpoweringly brought home by their slogans-“What is the point of an educated population if the decision makers are uneducated” and “When injustice becomes law, resistance becomes duty”. This overwhelming and glaring truth makes any measure of research absolutely unnecessary.

The distortion of the ‘Equality of Ballot/Suffrage’ with complex constitutional provisions, favouring major parties under the pretext of a stable government, was brought to the public domain by the writer along with few others through the National Press and submissions to all  government appointed Commissions and Voter dedicated organisations since 2015.

Evidently, the majority of that genre of traditionally ineligible and corrupt politicians is waiting in the wings to have another go at the next General and Provincial Counsel (PC) Elections. Since the country loving people cannot buy time for another five years, for the desired changes to happen. It has become imperative to leverage their desperate demand for ‘System Change’ on a time lined action plan to be included in the election manifestoes of those capable candidates at the upcoming Presidential Election.

Accordingly, the following positive ‘System Changes’ proposed and updated over years to our existing Political and Electoral Systems, based on sacred principles of equality, accuracy and meritocracy leading to a  true Representative Democracy, are urged  to be legalised before holding next General and PC elections under the new system on a single date.

1. Ensure ‘Equality of ballot/Suffrage’ as per the Constitution and UN’s Universal Declaration of Human Rights(1948) by  accurately allocating  seats to parties based simply on their National vote % as published officially by National Election Commission  (NEC).

2. Re-distribute such National seat allocation of each party among districts, based on its district vote %.

3. Abolish existing Preference Voting (‘Manape’) and Mixed Member Voting (MMV) systems and require parties to submit their District Nominations under Electorate level sub-lists in merit order. Parties contesting in less than, say 10 districts shall be allowed to submit one ‘Central Pool’ nominations list also in merit order to NEC.

4. To ensure Meritocracy, and to maintain uniformity, NEC to mandate a set of common minimum eligibility criteria and a structured Interview marking system at electorate level for all contesting parties/groups across the board and guarantee nomination of public cleared, genuine ‘Country-First -Political Professionals.’

5. Ensure Women and Youth representation (20% each) in Parliament and PCs, by mandating at least one woman and one youth below 35 among every five nominees in all Electoral level Nomination sub-lists and the Central Pool Nomination lists. Interview System shall provide for special marks for women and youth for this purpose.

6. This Preliminary Nomination lists from Electoral Level Party Interview Committees sub-listed at district level shall be forwarded to NEC by the respective District Deputy/Assist. Commissioners of Elections Dept. with their comments. The NEC will publish such preliminary lists in the National press in three languages to obtain clearance/objections from the public within a specific time frame.

7. Thereafter, parties will act according to NEC’s final instructions arising from public responses and submit their final nomination lists to NEC, who will, in turn, publish such final lists in the press as aforesaid.

Special Benefits

I. With the guaranteed nomination of public cleared, genuine ‘Country-First – Political Professionals’, in merit order required as per item 4 above, the main demand of the new generation and all objectives of the Electoral System and those of  Parliament and PCs will be rightly  fulfilled.

II. The next special benefit, not only guarantees accuracy, meritocracy and democracy; but also, ensures assignment of at least one MP to each of the 160 Electorates as expected under the former FPP (first – past – the post system, without compromising equal value for valid votes achieved as per item 1 above.

For example,  if party ‘A’ has won a re-distributed allocation of 11 seats for Colombo District, which has 15 electorates, and if they have won nine Electorates, the nominees including those of multi – member  Electorates topping the sub – lists in those nine electorates will first get elected to the Parliament. The balance seats will be allocated to the respective nominees in the electorates with next highest votes in the district; thereby, completing its total assignments to 11 seats. The same method will be applied to other parties who have won a Colombo District allocation. Parties with a Central Pool list who have won a Colombo District allocation, may be given the option to select their nominees to the Parliament without even following the merit order as the NEC will ensure that all nominees are ‘Country First-Political Professionals’ as per proposal No. 4 above.

Technically, the 29 National List Members should not be assigned to Electorates. They’ve been elected to achieve special objectives.

8. As regards 29 National List MPs, stipulate specific transparent criteria and methodology for district wise nomination of 29 ‘Senate’ calibre professionals considering multi – community population ratios. Since they were intended to replace the Senate abolished in 1972, unelected Election candidates cannot vie under this category.

9. Brand the ‘5 year Party Election Manifesto’ as a prosecutable document with a monitorable, time – lined 5 year action plan subject to an Audit procedure.

10. Stipulate a ‘common election campaign expenditure formula’ with Head Office responsibility to all parties to ensure a level playing field. And to open doors to more deserving eligible applicants lacking financial strength.

11. Discourage registration of ‘Mushroom’ or unscrupulous parties via stringent eligibility and high cash deposit requirements.

12. Abolish ‘cross over’ mockery and allow member vacancies to be filled by corresponding names from the relevant registered merit list.

13. Hold General and PC elections and the relevant referenda on the same day. Electronic voting system to be introduced if found effective.  

Benefits

A few major benefits arising from above measures that will reduce cost burden to Treasury.

1. Global recognition for complying with UN requirements in regard to ‘Equality of Ballot/Suffrage’ ensuring genuine, free and fair elections, promoting ‘Sri Lankans’ equity and accuracy.

2.‘Manape’ nominations lists replete with nepotism, and black moneyed, mediocre, henchmen, breeding inter and intra-party rivalry replaced by merit based ‘Country First-Political Professionals’ who will truly represent the people and achieve the objectives of the Supreme Parliament through consensual debates forging a ‘win-win ‘situation.

3.The expectations of the ‘Sri Lankan’ people and all parties as well as meeting global standards in regard to inclusiveness of women, youth, smaller vote parties and one MP for each Electorate while protecting  ‘Equality of vote’ across the country and transparency of the system will be fulfilled.

4.The electoral process will instantly become very much simpler, more meaningful and non-violent due to abolition of ’Manape’ and MMV system.

5.Debatable adhoc (for this) ratios, overhang delays and unexpected seat increases experienced under the complex MMV system will not arise.

6.More than one Election can be held on the same day as voters will be required to mark only one ‘X’ at each Election.

7.Campaign expenditure, time and labour of contesting parties will come down drastically.

8. Election results can be announced by Mid-night.

9.The total Election exercise will be peaceful.

10. Scholarly ‘Senate’calibre National List Members sitting in the Parliament will provide a more effective substitute for a costly ‘Senate’ needing additional space and resources for an external upper chamber which will most likely delay the decision making process.

11.Branding of ‘Party Election Manifesto’ as a prosecutable document will convince the voter to accept it as the primary determinant for a wise voting decision.

12.The writer’s other ‘System Change’ proposals such as discouraging mushroom, decoy, unscrupulous political parties; abolition of ‘Party Cross-overs’ and holding multiple Elections will surely increase the quality and productivity of the Electoral system.

13.This new system can also be applied to PC Election, after fixing the number of seats on a district basis.

Rationalisation of a political system forging a ‘People based governance’

1. Abolish Executive Presidency after 2 years, followed by a hybrid type Non – Executive Presidency (NP)

2. Revive PCs with more powers while rationalizing the role and benefits to MPs.

3. Depoliticise local government elections paving the way for independent candidates at Grama Niladhari Division (GND) level as per ‘Grama Raajya’ concept with ‘Jana Sabhas’, as proposed by National Movement for Social Justice(NMSJ).

4. Install a ‘Sustainable National Cabinet System’ based on National party vote percentage, to foster the people’s participation in governance.

Benefits 

1. A much despised dictatorial Exec. Presidency is abolished after 30 years.         

2. Parliament becomes the only supreme body.                                                                   

3.The tax-payers are relieved from the burden of high cost Presidential and Local Govt. (LG) Elections.                                                                                                  
4.Achieving real objectives of LG machinery becomes a ground reality under a people based governance.                                                                                                             
5.The people in the periphery become recipients of unbiased, and efficient service.                                                                     
6.The breeding ground for corrupt politicians becomes a nursery for ‘Country First – Political Professionals’                                                                                           

7. The stoppage of expenditure by LG bodies results in saving of valuable resources.                                                                                      

8.The abolition of politicized LG elections saves millions of man hours wasted in voting queues, travelling etc.                                                                                        
9.The national reconciliation efforts become fruitful with balanced Provincial Development.                                                                                                             

10. The PC members in the periphery will get due recognition.                                 

11.The limitation of the role of MPs to policy making, financial control, and decentralised budgets will increase their productivity.                        

12. The provision of additional vehicles and privileges to MPs can be rationalised. 

13. The bottom up approach will get extended up to the Cabinet, the highest decision making body in the country.                                                                                                           
14. National reconciliation efforts will get a boost along with the idea of one people, one nation.                                                                                                                                      
15. The hackneyed ‘Sinhala Govt.’ label pasted by extremists will get removed.

Final Note:

Gross plundering of the peoples sovereignty with impunity by politicians over the years has subverted the Principal relationship in a Representative Democracy making politicians ‘Demi Gods’ and people their helpless devotees. Therefore, it is imperative to restore real Representative Democracy by making constitutional provisions as follows:

I) prevent all people’s representatives from involving themselves in matters relevant to their selection process – salary, benefits, etc., creating fundamental ‘conflicts of Interest.’

II) Widen the scope of NEC and PSC/Salaries and Cadre Commission to table final recommendations in regard to all of the above.

III) Strengthen NEC, PSC and other relevant Commissions with ‘Permanent task forces’ comprising of retired judges, academics, voter dedicated civil organisations and sovereign voter activists extending ‘People Based Governance (PBG)’.

Benefits

I. Approval of People’s ’System Change’ package will get expedited.

II. The voters will regain their ‘Principal’ and ‘Sovereign’ status while politicians will become true, capable and polite representatives of the people.

III. Media and the polity will change their culture of giving undue hype to politicians.

With the upcoming Presidential Elections, we urge genuine and capable Presidential Candidates to win people’s confidence by prioritising the said ‘New generation System Changes’ in their Election manifesto under a time lined action plan as stated above to enable holding of General and PC elections together with the relevant referendum for abolition of Executive Presidency before end of July 2025

Note: Writer’s detailed methodology for above ‘System Changes’ and the attendant benefits have been published in the Press. Also available as a free E-booklet on request.

-The writer is a former Deputy General Manager- of Bank of Ceylon(BOC)
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