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Parliamentary Election 2010 – Second report on abuses of state resources released

ele2010TISL’s  Programme for Protection of Public Resources (PPPR) has released the second report highlighting abuses of state assets in the current Parliamentary Election campaign.

 

PARLIAMENTARY ELECTIONS 2010 – INTERIM REPORT 2 (04.04.2010)
 

1. INTRODUCTION
The Program for Protection of Public Resources (PPPR) has received 200 complaints on the abuse of public resources as of 03rd April 2010. The complaints received relate to abuse of government funds, vehicles and buses, buildings and utilities, media institutions and public officials for electioneering. The PPPR also recorded a sudden increase of complaints since the release of the first PPPR Interim Report on 24.02.2010 which highlighted the increased level of abuses of public resources as the date of election is approaching. 

 

2. SPECIFIC ABUSES
All the abuses recorded here are verified for their accuracy.
 

2.1 SLBC
The Presidential Unit of the Sri Lanka Broadcasting Service (SLBC) is extensively utilised to cover the rallies attended by the President. Thushara Sadanayaka Director Presidential Unit and Provincial Service of the SLBC has given directions to the national and regional services of the SLBC to cover the election rallies of the President in Uva, Southern, North Western, Central, Western, Northern and Eastern Provinces . Approximately 30 rallies were held in these Provinces. The orders were issued by the said director by letters issued on 19, 25 and 26 March 2010.

The extensive use of state media resources to record speeches of candidates of the UPFA which is not extended to other political parties is a violation of the guidelines issues by the Commissioner of Election on 17th February 2010. The guideline number 1 states “all telecasting, broadcasting and print media shall be balanced and impartial in their election reporting and shall not discriminate against any contesting political party, independent group, candidate or political party leaders in granting access to airtime.” 
 

 

2.2 GOVERNMENT EMPLOYEES
a. The Kelaniya University has made the following appointments on 18th February 2010. 
– A Technical Officer
– A Telephone Operator
– A Library assistant
– Three Library Peons
Interviews were held on 18.02.2010 for the following posts: Clerical Staff, Electricians, Laboratory Peons, book binders and minor employees.
Directive number 7 of the Commissioner of Election issued on 13th February 2010 prohibits any appointment, promotion, transfer and calling for job applications and holding interviews during the period of elections starting from the date of proclamation and gazetting of the election to the date of the election.

b. The Provincial Additional Director of Education of Sabaragamuwa, together with Mallika Ranasinghe, Director of Education, Kegalle organized meetings of the Teachers of the Sabaragamuwa  Province, on 16.03.2010 at 10a.m, 19.03.2010 at 11.35a.m. and 22.03.2010 at 10a.m. at St.Joseph’ Girls School(Junior Section), Kegalle. The meetings were held in order to obtain personal data of the teachers in the province for computerisation. On each day large numbers of Teachers attended and supplied the required information on a printed form provided for the purpose. The Chief Minister of the Sabaragamuwa Province Mahipala Herath was present and addressed these meetings requesting support for the candidature of his son Kanaka Herath, UPFA candidate for Kegalle District. This is an abuse of state resources by a political party candidate which disrupted the smooth functioning of these meetings. 

c. A request had been made by the Air Force Camp in Averiwatte , Katunayake asking the three-wheel drivers operating in Averiwatte to attend a meeting to be held at Averiwatte Temple on 16th March 2010 at 3.00p.m. Accordingly about 150 three-wheel drivers had assembled at the temple. A high ranking  Officer of the Averiwatte Camp, Group Captain Allen Fernando had addressed the gathering and asked them to vote for Basil Rajapaksha and Sarath Gunaratne, UPFA candidates for Gampaha  District.

d. Kurunegala District candidate Johnstan Fernando had by a letter dated 18th February 2010 addressed to Prasana Wickramasuriya  Chairman, Air Port and Air Port Services Sri Lanka Ltd, BIA Katunayake,  requested the release of Ten employees namely (1) V.A.Cyril Ekanayake Service No.2830 of Finance Branch  (2)J.J.Jayalath Service No.2543 of Civil Engineering (Maintenance) (3) Asanka Witharanaarachchi Service No.5673 Finance Dept (4) C.D.M.S.Dissanayake Service No.3450 Transport (5) D.A.D.Anurudha Gamini Service No.4274 Transport (6)  D.P.L.Samaraweera Service No 3456 Finance (7) D.B.D.Jayasighe Service No.3410 Administration (8) D.E.C.S.Edirisinghe Service No.133  Security (9) H.Rupasena Service No.2322 Mechanical Maintenance (10), M.N.G.Ranatunga Service No.5255 Human Resources for his election campaigning work from 07th March 2010 to 20th April 2010.

e. The staff of the Godagama Subharathi Maha Vidyalaya had distributed a leaflet among the students in the Primary section of the said school. The content of the leaflet was with respect to a meeting to be held at the Godagama Purana Vihara on 13th March 2010 and requested the students and parents to be present at the venue on the said date. Lal Mahinda Munasinghe, Deputy Chairman, Homagama Pradeshiya Sabha, called on the persons present at this meeting to vote for Colombo District United National Front candidate Mohan Lal Grero at the upcoming elections as he will organize English classes for the children of the said school free on charge from May 2010. The PPPR would like to note that use of school teachers to distribute leaflets of this nature during school hours is an abuse of public resources. 
 
f. D.K.P.B.Wimalaweera, Executive , Human Resources had onbehalf of the Head of Human Resources & Legal Air Port & Aviation Services (Sri Lanka) Ltd, addressed a Memorandum bearing No.HR/621/1/L dated 25th February 2010  to the Head of Civil Engineering requesting the release of eight employees from their duties from 28th February 2010 to 28th April 2010. Although it was requested to release these employees for the purpose of raising awareness for programmes in Mattala, Hambantota it is recorded that these employees are engaged in election campaigning work at present. Further, releasing employees for a longer period of time for awareness raising programmes is an unknown practice within this service.  

 
2.3 MISUSE OF STATE VEHICLES,  BUSES AND AIRCRAFTS
PPPR Interim Report 1 highlighted the gross misuse of public transport and other state vehicles. Further complaints were received by the PPPR programme and the following are the verified misuse of such vehicles and buses.

 

a. It is confirmed that a helicopter belonging to the Sri Lanka Air Force was used to air drop election propaganda leaflets of the UPFA candidate Johnston Fernando in the Kurunegala District on 3rd April 2010.
 

b. 35 buses were used to transport UPFA supporters for a propaganda meeting presided by the President on 20th March 2010 at Aluwihare Grounds Matale at 2.00p.m.  The buses were reported to Matale Sri Lanka Transport Board (SLTB) depot where Diesel was pumped into the buses. A total of 650 liters of Diesel were  pumped to the buses of varying  amounts 20,25,30 and 50 liters. The total cost of the Diesel so pumped is Rs. 52,000/-. The cost is borne by the Matale Bus depot.

c. 11 buses were used to transport women in the Gampaha District for a meeting organized in support of UPFA candidates in the Gampaha District. The Co-Operative sales outlets and Co-Operative Rural Banks in the Gampaha area were closed from 10a.m. to enable the female employees to attend the rally where over 3000 women compelled to participate. 

d. 20 buses  from the Elpitiya, Hakmana, Akuressa, Galle and Matara depots were used to transport persons  for a meeting held at Samanla Ground, Galle presided by the President.

e. 37 Buses from the Welisara, NIttambuwa, Divulapitiya, Kadawatha, Gampaha and Negambo depots were used to transport supporters for a meeting held in Gmapaha District presided by the President.

f. A Double Decker SLTB bus belonging to the Ratmalana SLB Depot, has  been decorated completely with Election posters of Mr.Dinesh   Gunawardena , UPFA candidate for Colombo District .This bus is currently used with garage numbers to tour the electorate for  propaganda activities . This bus has no route number and does not carry passengers. A  CTB driver is used for this purpose. 

g. Three cabs bearing numbers PB -8985, PB-8785 and PA-9739 belonging to the National Gem and Jewellary Authority are being used at present for election work of Anura Priyadharshana Yapa, UPFA candidate for Kurunagala District.

h. K.A.Baiz Deputy Minister for Live Stock Development is using government vehicle No.KE 4830   which is registered under the Secretary Ministry of Livestock Development  for  election  campaign work  in  Puttlam and Kalpitiya areas.

The PPPR in its previous report highlighted the gross abuse of SLTB buses and state vehicles for propaganda work. Directive four issued by the Commissioner of Elections on 13th February 2010 prevents the abuse of state owned vehicles including helicopters and aircrafts during the time of election by the candidates. Although SLTB buses could be hired by private parties it is so far not being declared whether these buses were hired by UPFA for its election campaign work. Even though they could be hired such use cannot be justified as the absence of buses to transport the public would inconvenience the public at large. The PPPR has received complaints to this effect.

A view has been expressed that vehicles assigned to ministers can be used for election related work as a minister is entitled to a certain number of vehicles. The PPPR emphasises that these vehicles can only be used for official purposes and cannot be used for personal political party propaganda work.

 

2.4 UTILITIES –ELECTRICITY
A party office of Mr.Rohitha Bogallagama, UPFA Candidate for Colombo District has been set up on a land belonging to Sri Vijitharama Temple at Kotalawelapura, Ratmalana. Electricity to this office has been obtained from the main supply to the meter box of the premises of Lihiniya Florist, No. 530, Ratmalana. The meter box is located outside the Lihiniya Florist building. The tapping is done circumventing any records on the consumption of the electricity causing a loss of revenue to the state. According Section 49(1) of the Sri Lanka Electricity Act No 20 of 2009, “Every persons who takes, uses and extracts any electricity

a. which is in the course of being transmitted or distributed by a transmission or distribution licensee; and

b. otherwise than in pursuance of a contract made with a distributing licensee or other electricity undertaking,
shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate, in addition to a penalty of not less than ten thousand rupees and not exceeding fifty thousand rupees, to a fine in a sum of money being the value of the loss or damage caused to the licencee as a result of the act or default constituting such offence, and any sum recovered as such additional fine shall be paid to the licencee on application made to Court by such licencee.”

 

CONCLUSION
The PPPR highlighted similar level of abuses of public resources for election propaganda work in its previous report. However the authorities have failed to take notice of the abuses highlighted by the PPPR, resulting in a significant increase in the level of abuse. Therefore, it’s doubtful as to whether this election can be considered as ‘free and fair’ election when taking into account the level of abuse of public resources at the Parliamentary election 2010.

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