Batticaloa Fact Finding Visit-Feb 2008

February 16th, 2008

conducted by Centre for Policy Alternatives (CPA)

With local government elections to be held in Batticaloa District on March 10, including one Municipal Council and nine Pradeshiya Sabhas expected to go to the polls, the Centre for Policy Alternatives (CPA) conducted a fact-finding visit to assess the situation in Batticaloa from February 8-11. CPA met individuals including officials from the District Secretariat, election candidates, election monitors, community leaders and international agencies, and visited areas including Batticaloa Town, Vakarai, Eravur, Valaichennai and Kathankudy. Due to the short time spent in Batticaloa, this article only highlights key concerns related to the elections and is not an exhaustive list of human security issues in the district.

[Batticaloa Lagoon, HA]

Context

Elections to nine local councils in Batticaloa district are to take place on 10th March 2008. When nominations closed on 25th January 2008, several parties came forward to contest the elections including the Eelam People’s Democratic Party (EPDP), Eelam People’s Revolutionary Liberation Front (EPRLF), People’s Liberation of Tamil Eelam (PLOTE), Sri Lanka Muslim Congress (SLMC), Thamil Makkal Viduthalai Puligal (TMVP) and United People’s Freedom Alliance (UPFA). There are also several independent groups the elections. For the Batticaloa Municipal Council elections, the TMVP and UPFA are fielding candidates jointly. The United National Party (UNP) and Tamil National Alliance (TNA) are not contesting elections having cited security concerns and questioned whether the context is conducive for free and fair elections.

Ground Situation: Election Related Violence and Security Concerns

The overall trend of election related violence is that since the date of nominations the numbers of incidents have been low, especially compared to the period preceding it. DIG Batticaloa Nanayakkara (reported in the Daily Mirror, 12 February 2008) cited 17 incidents of election related violence after nominations. Election monitors, who have become active over the last week, are therefore recording a relatively violence-free lead up to elections in terms of the number of election-related incidents of violence.

The low-level of violence is a positive development, reported in both the Tamil majority and Muslim majority areas. The reasons for this low-level of violence are not clear. One reason reported to CPA was that the main armed factions operating in government-controlled areas are themselves constrained by the security situation. This is especially relevant for the various TMVP cadres, who due to the Karuna-Pillayan factional struggle are wary of moving about. Unlike on previous visits, CPA did not observe any armed TMVP cadres moving around outside their offices suggesting that they also may have decided to demonstrate ‘good behaviour’ and that this may be a part of a political objective to gain more legitimacy. This does not mean that, despite its promises to do so, the TMVP has disarmed. The TMVP may have also been cautioned by the Government and the Security Forces to desist from carrying out violence during this period. There are, however, fewer reports of children being abducted by the TMVP, with only 3 cases recorded for January by UNICEF as compared to 14 in December. It should be noted, however that the TMVP has become severe in dealing with escapees from the group as family members are detained as punishment. A number of political parties, international actors and the election monitors have called for the TMVP to disarm before elections in order to ensure that the elections will be free and fair.

While the figures cited above are indicative to some degree of the ground situation and security issues in Batticaloa, it is not by any means a comprehensive and adequate portrayal of the ground situation and the tension, fear, anxiety and threats felt by the people on a daily basis. The figures also fail to demonstrate the increased militarization in Batticaloa and the role and activities of armed groups in the area.

Much of the election related violence that has been reported was in the period preceding nominations. At the outset it needs to be noted that there are gaps in the reporting of incidents. While some of the incidents relating to violence against Muslim candidates were reported in the media, other incidents have either gone unreported or have not been presented as related to the elections. The political and armed groups have used various forms of violence, including killings, abductions, physical attacks and intimidation, during the election period. CPA was told of

It also needs to be noted that the identification of an incident as election related is a challenging process because of the context of violence in Batticaloa. Despite, the ‘liberation’ of the East, the spate of killings, abductions and other forms of violence have continued, and in some cases even intensified as seen with armed robberies of houses and agency warehouses. In a context where there are continued human rights violations, CPA was informed that incidents of violence related to the election are reported to be low. Though the violence has been classified as low, scanning the media over the month of January, there were 27 killings recorded.

In many of these incidents the perpetrator is listed as ‘unknown’ due to the fear of witnesses or the media in identifying them and the complexities on the ground with multiple armed actors and individuals with a number of motives. For instance a teacher named Nanthakumar was shot dead on January 8 in Santhivelli. According to independent actors this was due to his refusal to contest as a TMVP candidate. It is difficult to distinguish whether particular incidents are related to elections or to other processes, such as Tamil-Muslim communal tensions, the targeting of rivals’ sympathizers and cadres by the TMVP, security forces and LTTE, intra-TMVP violence. On January 12, 3 Muslims were killed and the Maulavi was injured when unknown gunmen in a shooting in Karbala Mosque. The SLMC claimed that eyewitness accounts attest to the TMVP being responsible for the attack.

Even when violence is unrelated to the election, they reinforce the culture of fear and violence. It was reported to the CPA team that in December there were significant levels of violent incidents recorded in Batticaloa, with 10 killings and at least 3 abductions reported in the media. In such a context where there are no independent human rights observers and the processes of investigations are highly constrained, having election observers, especially international who locals would be more confident in speaking to, is a useful measure in ensuring more effective and independent monitoring of election related violence.

The various incidents reported to CPA suggest that this is by no means an election that is free of violence. The process of nomination itself involved intimidation and violence. The TMVP candidate list includes TMVP members and individuals from the general public. CPA was informed that in some areas in Batticaloa the TMVP summoned meetings at which it called for the assembled people to choose their candidates and those selected had little choice but to submit their nominations. CPA was informed of individuals who went into hiding during the nomination period in order to avoid being called up by the TMVP to contest. In Muslim areas such as Valaichennai and Oddamavadi the period preceding and following the nomination has seen a series of attacks, particularly against the SLMC. Local people whom CPA spoke to in Valaichennai and Eravur claimed that armed persons from the TMVP and the UPFA are responsible for much of the violence. There are rumours that thugs have been brought into the area for the election period. It was also reported to CPA that the SLMC supporters also have access to weapons due to the high proliferation of weapons in the area. Local people whom CPA spoke to were apprehensive that in the lead up to elections violence would intensify, and more small arms would be distributed by political groups.

At the time of the visit it was clear that there is a significant level of fear that raises serious questions as to whether the elections are or can be, free and fair. The lack of public campaigning is one such indicator. In Tamil majority areas, apart from Batticaloa Town, the TMVP’s boat sign posters dominated the roadsides. In Batticaloa Town where the UPFA and the TMVP are jointly contesting, the UPFA’s betal sign poster and road paintings were also very visible. The only other elections posters CPA observed in Tamil majority areas were that of the EPDP’s apple sign, most often in locations rights next to their office. Public meetings are limited at best. No one in Tamil majority areas were able to refer to a meeting that they had heard of since nomination date. In Muslim areas fear is also an issue that people referred to. There is an expectation that election day will be violent, with some speculating that there could be voter impersonation, ballot stuffing, and attacks on polling stations. Hence, no one CPA spoke to was looking forward to elections. Everyone referred to it with apprehension. There are also fears that the LTTE will engage in post-election violence targeting elected candidates.

According to news reports, increased security threats and violence has resulted in the proposal to deploy around 4000 security personnel and police during the campaign and on Election Day. There were also numerous checkpoints within Batticaloa that have mushroomed since elections were announced. It is yet to be seen whether the heightened presence of security personnel and police will deter violence. The heightened security is in a context where there are several armed actors and there is no system of accountability in place. It was also reported to the CPA team that certain candidates have refused to have the two police personnel provided to them for protection. The team was informed that in these cases, the candidates did not trust the police and that candidates felt that their presence would not be an effective deterrent.

Special Measures for IDPs and people in resettled areas

The Election Commissioner and the Government have taken a number of measures to ensure that the election is a success. In order to ensure that Batticaloa’s IDPs (according to Government figures there were 26,512 IDPs in December 2007) can vote, special measures have been taken to establish polling stations and transport to these stations. The CPA team was also informed that there are measures taken to address the needs in the newly resettled areas which were previously under LTTE control. With the ‘liberation’ of these areas and the resettlement of civilians on their own land, measures taken to ensure the exercise of the franchise in these areas will be of interest. The team was informed that those who do not have the necessary documentation could get a letter authorised by the Divisional Secretary of the area stating that s/he is a resident and has the right to vote. With low levels of awareness among the public in relation to the elections, it is important that awareness programmes are conducted in the areas, educating the people of the elections and their right to vote. It is also important that the authorities take steps to ensure freedom of movement for the people in these areas as well as monitors and relevant actors.

A related concern to the above issue is registration of voters. While government officials are responsible for the updated registries, what is not clear is what measures are taken to ensure that all residents are registered and have the right to vote. Several people felt that what happened in the November 2005 Presidential elections where many registered voters were deleted from the registries in the polling centers could be repeated in these elections. All relevant actors need to ensure that the people of the area are not robbed of their fundamental right to exercise their franchise.

Role of Monitors

PAFFREL has decided to monitor the election using both local and international monitors. Currently international monitoring is taking places, with the monitors meeting the various political parties and visiting areas, including the recently resettled areas to which the Government has granted access. It seems that most of the local monitors will be active mainly around polling day, but the number of monitors is not yet certain.

Although there will be observers on the ground, the complexity of the elections and the role of armed actors, raises concern as to whether monitors can effectively monitor the elections. Though the presence of independent monitors is essential, measures also need to be taken to ensure that there are sufficient numbers to monitor all areas that will go to the polls on 10th March. The coming weeks and their role in monitoring will demonstrate whether independent monitors will be effective in the present elections. It is paramount that all election monitors accurately report on the ground situation and make their reports public.

Local Council Elections: The Issue of Legitimacy

There is a clear sense of inevitability that the elections will result in a TMVP victory. In Vakarai, CPA interviewed a few households who stated that they would have no choice but to vote for a particular party. In other recently resettled areas such as Chenkaladi, Porathivu and Vellavelli it is to be expected that the TMVP will have a clean sweep, as it is the only political actor allowed to move around in these areas. These areas also have limited number of international and national agencies entering the area due to restrictions of movement placed by the security forces, therefore limiting the flow of information from the areas. An opinion CPA heard repeatedly was that voters in Tamil-majority areas, especially in rural and less affluent areas, would have no choice but to turn up and vote for a particular party. By comparison in Muslim areas, despite the fear and violence, there is some element of competition between the UPFA and the SLMC and the results are by no means inevitable and the contest will be keenly fought.

The elections and related intimidation of voters largely by one armed actor, the TMVP indicates that not much has changed in relation to freedoms of the civilians in the area. Despite the ‘liberation’, various forms of coercion and intimidation are being used by armed actors, similar to when the area was under LTTE control. Hence, the dominant actor may have changed but the overall context of fear and intimidation remains. This is not to deny that the TMVP has a support base and that the TMVP has taken on a political and security role that makes it a useful choice for sections of Tamil society. While there have been reported calls by a number of actors including the US Ambassador Robert O. Blake and the election monitors PAFFREL for the TMVP to disarm, it has refused to citing the security situation.

Several actors in Batticaloa expressed a clear feeling of resentment towards the holding of elections. The election is perceived to be driven by the Government as a part of its efforts to demonstrate that the ‘liberation’ is a success. As one leading figure stated, actors from outside, including Government and civil society, have decided what is good for Batticaloa and are doing it without consulting the people. Furthermore, the elections also offer a means for the Government to legitimise the TMVP and its activities. The TMVP’s entry into democratic politics could have positive repercussions as it could become more accountable to the civilians whom it claims to represent and less prone to violence. There is no underestimating the challenge this transformation constitutes for the TMVP. It is an organization that has replicated the violence and human rights abuses of the LTTE and one that lacks the hierarchical control of cadres that characterizes the LTTE. Ironically, the latter in particular could have a decisive impact on the TMVP’s success in achieving a transition to mainstream democratic politics.

Further, the UPFA’s alliance with the TMVP in Batticaloa Town has a number of implications for the Government. With this alliance it makes it more difficult for the Government to deny the charges of complicity and collusion with the TMVP. With a political alliance, the Government also has more of a responsibility to police the TMVP. Leading human rights figures in Batticaloa stated that the Government, like the Tamil militant groups, was forcing their choice upon the Tamil people. Accordingly, it is by no means assured that the elections will result in an improved human security situation.

The elections seem more removed and remote from the needs of the people in Batticaloa. The lack of interest and enthusiasm among the people coupled with fear raises questions as to why these elections are being conducted and for whose benefit.. Many felt that the elections will not drastically change the ground situation. The only change envisaged is that the TMVP and other armed actors will be elected into office claim legitimacy for their role and activities in the area. It is also feared that local council elections will be followed by Provincial Council elections with no marked improvement on the ground. The current militarization of civil administration and circumvention of elected bodies is likely to continue. Such events will further legitimise the activities of actors including the TMVP and call into question whether there is space for democracy to function in the ‘liberated’ East.

Conclusion

From the findings of the visit it is evident that the local government elections in Batticaloa are not free from violence. It also is clear that election-related incidents of violence by themselves are not an effective measure of how free and fair an election is. There is a need to take into account the overall context of threat and intimidation, fear and insecurity. Unfortunately, due to the deteriorating security situation there are limited numbers of violations reported to the authorities, and even less investigated.

Elections in Sri Lanka tend to be associated with high levels of violence, but the situation in Batticaloa suggests that there is a significant level of intimidation and violence, as seen with the nomination process, that calls into question the legitimacy of this process.

Elections are an essential component of democracy, a citizen’s fundamental right to express his or her opinion and exercise the right to vote. The realization of such ideals seems a far cry in the present context. The elections are found to be lacking in terms of due process. The winners are in most cases predetermined even before campaigning has commenced. The intimidation, threats and violence so far witnessed is bound to spiral, resulting in a bloody environment and cost to human life. In such a context, it is advisable to postpone elections until a time when there is an environment for a free and fair election.

In the event elections are conducted on 10 March, there are critical measures that the Government, security forces, police and Elections Commissioner need to take including disarming of armed actors, providing unrestricted access to polling agents and monitors to all polling centers, providing unrestricted access to candidates, monitors, media and other relevant actors to all areas of the Batticaloa district, conducting impartial investigations and inquiries into all reported incidents of violence and raising awareness among the public about the elections.

The candidates, their parties and supporters need to ensure that they abide by and respect a free and fair election. All forms of violence, intimidation and threats need to be discontinued.

All monitors and observers must function independently and report in an impartial manner on the ground situation and on election related issues. With the dangers and complexities related to the present elections, there is a dire need for independent monitors who provide accurate information on the ground situation and who can gauge whether the election was indeed a free and fair. For this purpose, a significant number of monitors are required, on polling day especially.

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