A Brief Commentary and Table on the Local Authorities Elections (Amendment) Bill 2010
By Bhavani Fonseka, Supipi Jayawardena and Mirak Raheem
October 2010
The Local Authorities Elections (Amendment) Bill 2010 (Bill) proposes a series of changes to the laws relating to the election of local authorities (LA) that include Municipal Councils, Urban Councils and Pradeshiya Sabhas.
A principal change proposed in the Bill is the introduction of a mixed system of First Past the Post (FPP) and Proportional Representation (PR). The Bill reintroduces the ward system, whereby a LA is divided into a number of electoral units. Each ward elects one member, unless in the case of a multi-member ward. The number elected under the PR system is not fixed. A maximum of 30% of the number of members elected under FPP of a LA will be appointed under PR.
The Bill has several salient features including strengthening the processes for counting and polling in order to ensure the integrity of an election. Although positive measures are noted, there are serious concerns with several provisions introduced in the Bill including the following:
- While laying out specific procedures in terms of vacancies of seats and of candidates, it provides significant powers to the secretaries of political parties and the leaders of independent groups to make the appointments to fill vacancies, instead of the voters making a choice through a by-election.
- The Bill delineates a delimitation process for the purpose of demarcating wards in local authorities with far-reaching powers granted to the Minister over the process.
- In the event of a vacancy created by the resignation of a Mayor and if the latter occurs on consecutive occasions, the LA will be dissolved and replaced by a Commissioner appointed by the Minister.
The Bill has significant repercussions for representative democracy, including the increase in challenges for minor parties and independent groups to secure seats, thereby reinforcing the two-party system. There are no specific guarantees for minority representation, either through the electoral process or through delimitation mechanisms. In addition, there are no guarantees for female and youth in the nomination process. Given that LAs are the unit of government closest to the people, there is a need to ensure that elected officials are representative and accountable to their constituencies. Although the Bill introduces new measures for LAs, it broadens the powers of the Central Government rather than empowering LAs and ultimately falls short of strengthening representative democracy.
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Download this short report as a PDF here.
Download the Local Authorities Elections (Amendment) here and the Local Authorities (Special Provisions) Bill here. Both PDF’s originally downloaded from Government Printing Department website, from where it is almost impossible to download these documents.
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Is this, not a violation of the 13th Amendment to the Constitution ? LG is a totally devolved subject as per the Provincial Council List. There can not be a minister for LG in the Central Government as per the 13th Amendment that does not leave any LAs under the Central Govt.
Thus it has to be the PC minister in charge of the subject of LAs who should be allowed such power. But it should be stressed here, even that power to be given to PC ministers, is too undemocratic.
Kusal
Kusal Perera,
Put it differently, is it an attempt to make the 13th Amendment irrelevant?
Remember, the ruling coalition has two thirds to even change the applicability of a consitutional amendment may it be the 13th amendment or the 17th amendment.
The WHOLE Local Governments should be done using a PROPORTIONAL SYSTEM based on the votes received. So as to reflect the wider community views at grass root level whilst at higher layers of governance we should have preferential system of voting where voters indicate 1,2,3,–n number of preferences for the candiadates in a specific pre-determined geographical area (the electorate) In Sri Lanka’s case this should I believe coincide with the AGA/DS area.
The immediate need is to appoint a credible impartial Elections Commission, preferably on the lines of the Indian Elections Commission. The present Commissioner of Elections is totally unfit to be in it.
http://www.tamilnet.com/art.html?catid=13&artid=8600
Impartial election procedure is a hallmark of democratic governance.
The president now controls all aspects of governance via the 18th amendment.
This will show whether he is really committed to democracy.
justitia,
DON NOT BLAME the current ELECTION COMMISSIONER. Under the circumstances he HAS DONE A MARVELLOUS JOB.
It is the POLITICIAN of ALL colors and parties that do not ALLOW the public servant to do his job properly.
It is the politicican that send thugs and hooligans to the election booths and disrupt proceedings NOT the COMMISSIONER OF ELECTIONS.
He is depended on the POLICE and other public servants to do the right thing. BUT DO OTHER PUBLIC SERVANTS DO THE RIGHT THING. ??????
THAT IS THE QUESTION ?
Losing elections is not the fault of the election system or the commissioner. Lack of public trust on some parties is the result of losing elections.
Everybody understands winning the war is an election winner.
Misusing state resources should be stopped by applying existing laws properly. Though the opposition blames governments for it they rarely challenge it in courts because they have to do it when they are in power.
At the same time political parties taking money from foreign NGOs must be banned.
One cannot be stopped without the other.
Politicians should have a code of conduct that can be enforced. Violating the law or the constitution should disqualify them. If it is the view of the party to violate the constitution, such parties should be banned irrespective of electoral performance.
This is back to square one scenario. Now the Minority & Minor Party representation will fall of a sudden and UNP will suffer a big set back too, while [MR] will enjoy all this benefit, screw Sri Lanka top to bottom, and make a Zimbabwe out of Sri Lanka!
[Edited out]
“Having read some of the responses by the UNP, TNA and the liberal civil society in Colombo, I found that their starting point was different and their principal criticism flawed.”
From Three Amendments to Local Government Election Bill, Sumanasiri Liyanage, http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=9715
http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=9715