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If Opposition Wins Will the Rajapaksa and His Brothers Could Find Other Means to Retain Power?

[The TNA – or any moderate Tamil grouping – will find it difficult to negotiate with any government that includes, or is seen to be beholden to, the JHU]

by Crisis Group-

The International Crisis Group has released its update briefing on the upcoming presidential election  in Sri Lanka, datelined Colombo/Brussels, 9 December 2014  and titled ‘ Sri Lanka’s Presidential Election: Risks and Opportunities ‘  . The report analyses  the current situation related to the presidential election and provides conclusions. SLB reproduces the two chapters of the report,  Overview and  Conclusions.

I. Overview

Sri Lanka’s presidential election, scheduled for 8 January 2015, looks set to defy the predictions of many and be a true competition. As such, the polls threaten risks and promise opportunities for long-term stability and post-war reconciliation.The sud- den emergence of a strong opposition candidate caught many, including President Mahinda Rajapaksa, by surprise. Running on a platform of constitutional reforms to limit executive power and restore independent oversight bodies, the opposition coalition led by former Rajapaksa colleague Maithripala Sirisena seems set to pose the first strong challenge to Rajapaksa in nearly a decade. Amid a restrictive climate for civil society, for Tamils and for religious minorities, the risk of serious election- related violence merits close international attention and active efforts to prevent political instability, including the possibility of extra-constitutional means by Rajapaksa to retain power.

Reacting to disappointing results for his coalition in a series of recent provincial polls, Rajapaksa’s 20 November announcement of an early election for a third term was designed in part to strike while the opposition was still divided. To the surprise of many, a coalition of opposition parties announced that its common candidate would be Maithripala Sirisena, the general secretary of Rajapaksa’s own Sri Lanka Freedom Party (SLFP). A number of key SLFP members joined Sirisena and more defections have followed, dealing a major blow to the president. While he is still the frontrunner, for the first time since the end of the war in 2009 it can no longer be taken for granted that Rajapaksa – and with him his powerful brothers and other family members – will remain in power indefinitely. Should additional senior members of the SLFP or other constituents of the ruling coalition abandon the government, the pressure will mount. For the first time in years, the opposition, together with critical voices among Sri Lanka’s beleaguered civil society, are sensing that political change is a real possibility.

At the same time, the sudden emergence of a viable joint opposition increases the chances of severe election-related violence and other malpractices. The Rajapaksas are almost certain to deploy the full resources of the state – money, vehicles, state-owned radio, TV and newspapers, civil servants and the police – in support of Mahinda’s re-election, and are widely expected to do whatever is needed to try to maintain their power. The tighter the race, the more violent it will be.

Many fear that the radical Buddhist group Bodu Bala Sena (Buddhist Power Force, or BBS) may be used to produce a violent incident designed to distract from other malpractices, or to lower Muslim turnout, or to provoke a Muslim backlash that the government would use to solidify its Sinhala base. Some suspect BBS could also be used to destabilise a new government should Sirisena win.

With the northern and eastern provinces still under tight military control, security forces could, as in last year’s provincial election, be used to restrict campaigning by opposition parties and intimidate Tamil and Muslim voters to reduce turnout. Restrictions on travel by foreigners to the northern province, re-imposed in Septem- ber 2014, will make it harder for media, diplomats and international organisations or aid workers to monitor and report on any violations.

Should Sirisena win the vote, the president and his brothers could find other means to retain power, including resorting to the politically compliant Supreme Court to invalidate the result, or using the military as a last resort. In this volatile pre-election context, foreign governments and international institutions concerned with Sri Lanka’s long-term stability – among them, China, India, Japan, U.S., the UN, European Union (EU), World Bank and Asian Development Bank (ADB) – should seek to limit the risks of serious political violence, before, during and after the election; and help create as level an electoral playing field as possible, to increase the chances for real debate and fair competition. To these ends, they should:

• support a significant election-monitoring presence – from the Commonwealth and the EU – as early as possible, insist it have full freedom of movement and provide funding to local election monitoring groups;

• deliver pre-election warnings to all political leaders to avoid serious fraud and election-related violence, including support for militant Buddhist attacks on Muslims and Christians.

Amid Sri Lanka’s authoritarian drift and institutionalised impunity, that a real political competition is in the offing provides unexpected hope for the future. Within the current opening, however, lies potential for serious conflict given how much is at stake for all involved. The opportunity should be seized to make sure that the next government has the broad national credibility, internationally endorsed, to begin the process of knitting together the Sri Lankan society battered by its recent traumatic history. Whoever wins in January, core questions around national identity – issues of devolution of power, of accountability and reconciliation, and of the equal status of Tamils and Muslims in a Sinhala majority state – will remain contentious. They will require deft handling if greater instability is not to result.

IV. Conclusion

Sri Lanka will face grave political challenges in the coming months. That a credible electoral competition now seems possible is remarkable. Yet, the opposition’s attempt to reopen democratic space also brings with it risks of violence and instability. Navigating this terrain without provoking chaos will require political skills and statesmanship by the opposition and the government. These will be more likely to materialise if there is close international attention and clear messages are sent to both sides.

To increase the chances of a free and fair election and a stable post-election out come, Sri Lanka’s international partners should support and insist on effective election monitoring by domestic and international observers. They should remind the Rajapaksa government of its international obligations and make clear that any attempts to use violence or fraud to retain the presidency will have diplomatic consequences, including at the UN Human Rights Council (UNHRC) in March 2015.44 Attempts to cling to power through force or a post-election violent crackdown against the opposi- tion will do long-term damage and sow the seeds of future instability.

Regardless of the outcome, careful attention will have to be paid to the immediate post-election period, traditionally a time of violent retribution. Opposition parties should be encouraged to maintain their stated commitment to a non-violent campaign after the balloting, too.

Even in the event of a credibly free and fair election whose results are respected by all parties, political challenges – especially with regard to devolution of power, protection of religious minorities and accountability – will remain acute. Rebuilding a stable and inclusive polity from Sri Lanka’s current fractured state will be a daunting task, regardless of which candidate wins. Getting even to that point, however, will require the determination of millions of Sri Lankan voters, the vigilance of the country’s international partners and a dose of good luck.

Read the full report as a PDF here Crisis Group – sri-lanka-s-presidential-election-risks-and-opportunities & online here


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