“Election Phobia” and Easter Sunday Massacre: Two Threaten to Disclose Facts

We wrote on these columns, under the heading “Election Phobia? Only one Cure; Face It… ”, on February 7, 2019, when the Yahapalana government kept postponing Provincial Council (PC) elections. Dictionary definitions blended together, ‘phobia’, means an extreme and illogical fear reaction.   
Sri Lanka recorded its first death due to coronavirus, on March, 28, 2020, and up to the date of polling on August 5, 2020, only 11 such cases were reported, less than three per month, compared to the current average of 15 to 20 deaths a day [500 a month].   

The government is “playing politics with people’s lives.” In a discussion with Media—on Monday, July 13, 2020, Sajith Premadasa, the leader of the SJB, said that by not postponing the elections until the danger of COVID-19 was over, the government was risking the lives of people --- “They must postpone the elections and create an atmosphere for people to campaign and vote without fear,” he said, adding that he had made representations to the Elections Commission on this issue. Replying that the opposition’s resistance to polls came from its “fear of defeat”- The ruling family Rajapaksas, maintained that COVID-19 was under control and elections could be held with no such risks. 

Much-awaited Easter Sunday Attack Secrets to be disclosed? 

While the arguments regarding the LG/PC Elections are raging, there is a new twist to the tail! The two most important individuals affected by the Easter Sunday carnage, have declared their knowledge of intrinsic details or ‘political motives’ that led to the massacre. The head of Catholic Church in the island, His Eminence Cardinal Malcolm Ranjith who undoubtedly is the more affected person, and the then Executive President and the highest state official on Defence, Security and Law and Order, at the time, have in a remarkably coincidental happening on two separate events over the past week, openly declared their knowledge and readiness to make the secrets public. If these two divulge all the secret deals, plans and agendas of the former and present rulers and the security establishment, in their possession; it could be termed the greatest appeasement the nation receives in these dire circumstances.  
In some American States you can be charged for failing to report an offence that resulted in serious bodily injury or death. Taking actions to conceal a crime or help the perpetrators avoid capture, apart from ethics, it is a legal duty to act. In California, Prosecutors can charge you as an aider and abettor—If you knew the perpetrator’s illegal plan, concealed it, and willfully helped them avoid detection, arrest or prosecution. 

Back to Fear Psychosis   

The government, disregarding health experts’ advice, had been lifting lockdown limitations, although a night curfew remained. Schools were to be reopened later in the month, and foreign tourists were allowed in from August 2020. All because Rajapaksas had been expecting an early Parliamentary election, to obtain a 2/3rds majority for the SLPP, allowing them to change the constitution and secure wider executive powers. The first two dates – April 25 and June 20, fixed earlier–had to be postponed, due to the guarantee that the Elections Commission (EC) sought from health authorities, “if it would be safe to hold the vote,” not receiving a positive response.  

Amid the COVID-19 pandemic and a declining economy, the government, the political opposition and the civil society in Sri Lanka, have been entangled in a politico-constitutional debate that has implications for the future of democracy in the island nation.   

One member of the EC, Ratnajeevan Hoole held that conducting polls amidst the epidemic would risk the lives of voters, which would be a breach of their fundamental rights.  
President Gotabaya Rajapaksa’s secretary then wrote to the EC [on April 9, 2020] highlighting the ‘citizens’ right’ to franchise, and reminding of the EC’s ‘responsibility’ to fix a date for the election. Whether they are in power or in opposition, their actions appear to be based purely on selfish motives.   

Sri Lanka has a record number of elected representatives [8,708 - doubled in 2018] in 341 local authorities (24 Municipal, 41 Urban and 276 Pradeshiya). If Provincial Councils were re-instituted, there would be about 500 PC members and another 36 ministers. Cabinet and Provincial Council ministers have been wasting tax-payers money on wasteful infrastructure, interior décor and vehicles, [in 2019, Western PC bought 50 odd chairs, each costing over 800,000/-]. Politicians have not left any room for further bungling or idiotic attempts to attract the attention that we see among those who ran and are running the country.  

"If the Cardinal and the former President divulge all the secret deals, plans and agendas of the former and present rulers and the security establishment, in their possession; it could be termed the greatest appeasement the nation receives in these dire circumstances"

MP Vijitha Herath, the leftist Janatha Vimukthi Peramuna (JVP) who told ‘The Hindu’: “We are in the midst of a pandemic, and our people are suffering. In our view, it is not suitable to hold polls now.” That was during early pandemic days when only three deaths were recorded for a month. Herath, now urges a government which is ‘trembling with fear’ to go before the people, to hold elections.  

Holding elections during a pandemic, will often affect the opportunities for participation and the quality of election management. There is therefore, a strong case for time-limited rescheduling. Holding regular periodic elections is an obligation preserved by Article 21(3) of the Universal Declaration of Human Rights (UN GeneralAssembly, 1948). At the same time, there are instances where an epidemic or natural disaster like the tsunami, may interfere with holding an election; but only if it introduces threats to human life and security. Between February and August, 2020, at least 60 countries and territories across the democratic world had postponed some elections; while during the same period, national or territorial elections were held in at least 54 countries.   

Postponements are made mainly based on the political interests of the government in power. Rarely are elections postponed for reasons like peaceful conciliation, or humanitarian grounds that might be compulsory, because holding an election during a pandemic would pose a threat to human life and health.  
The International Covenant on Civil and Political Rights, states that “in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the State’s Parties … may take measures derogating from their obligations under the present Covenant, to the extent strictly required by the exigencies of the situation.” -- Article [4] However, in the guidelines it says, “that any emergency provisions must be in proportion, temporary, non-discriminatory, and limited in scope.” 

Easter Sunday Mayhem  

Your Eminence and former President, we do not propose to legal action against you for hiding such invaluable information from the investigators who had been “kept in the dark” under two regimes, for ‘1000 days’; though it is a gross violation, especially on the part of the ex-President, [for the Cardinal may have only gathered them in bits and pieces in recent times] If they ‘come out clean’, even now. Please carry out your foremost duty by the people of Sri Lanka by sharing vital information without further delay. 

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