Key priorities for the New Parliament to Safeguard Democracy

Photo courtesy of The Hindu

At the inauguration of the first session of the 10th parliament, President Anura Kumar Dissanayake articulated the government’s vision for driving economic and social transformation in Sri Lanka. In his address, he emphasized that “the essence of democracy lies in the coexistence of diverse political ideologies and groups. It thrives on the presence of political factions with varying economic and political perspectives”. His remarks came after two consecutive national elections that resulted in a new head of state and a significant overhaul of the legislature by the people. This shift raises hopes for the strengthening of democratic values within both the state and its citizenry.

However, it is important to remember that just a few months ago the outlook was far less optimistic. The country was under the leadership of a president who did not have a popular mandate and a parliament that had lost the trust of the people was making decisions on their behalf. Just a year ago, many voices in Sri Lanka’s civic space were actively resisting a draconian legislatureknown as the Online Safety Act, No. 09 of 2024. This was also the period when the administration of Ranil Wickremesinghe had effectively disallowed all forms of protest, indefinitely delayed local government elections and pushed through reforms without a popular mandate.

While the current state of affairs may offer a more positive outlook for our democracy, we must remain cautious. The path forward is fragile and it would not be difficult to regress into a darker, more authoritarian period if we are not vigilant. There are numerous areas that the new parliament and government should focus on but this is an attempt to highlight a few key priorities.

Restoring confidence in the legal regime

Sri Lanka has a history of enacting laws that curtail citizens’ rights, particularly during times of political instability or crisis. One of the most notable examples is the Prevention of Terrorism Act (PTA). Initially passed as a temporary measure in 1979, the act remains in effect to this day. Over the years it has been used to justify arbitrary arrests, prolonged detentions, violations of the right to a fair trial, and has placed detainees at risk of torture and other forms of ill treatment.

The Online Safety Act is another recent example of legislation that has raised significant concerns. Prime Minister Dr. Harini Amarsuriya in her previous role as an opposition MP described it as “a highly flawed piece of legislation,” asserting that “the sole intention of the government is to suppress dissent” during the parliamentary debate on the bill on January 24, 2024. Civil society groups, technology experts and the global tech industry have all called for the bill’s retraction. It is crucial for the government to repeal the existing law and instead pursue a transparent, inclusive process to address the challenges in online spaces, creating policy frameworks that are both more effective and widely accepted.

The Muslim Marriage and Divorce Act (MMDA) is another law that has sparked significant controversy with many civil society organizations calling for its repeal. The MMDA has been criticized for creating room for underage marriages and perpetuating unequal treatment of women. Its provisions have raised concerns about the protection of women’s rights and the safeguarding of minors, prompting calls for reform to ensure greater gender equality and the protection of vulnerable individuals.

The parliament must address the consistent use of legal instruments as tools for harassing citizens. Public trust in the rule of law has eroded due to the misuse of the International Covenant on Civil and Political Rights (ICCPR) Act and other laws. It is crucial for the government to take a more transparent approach focusing on repealing draconian laws, introducing rights-based frameworks in legislation and ensuring that laws are not misused to suppress dissent or infringe upon citizens’ freedoms. Such steps are essential to restoring confidence in the legal system and protecting fundamental rights.

Electoral reforms for the voters

Voters are the most crucial figures during an election period yet the current electoral laws do not provide systems and processes that enable citizens to vote comfortably and freely. There have been ongoing discussions about introducing advance voting to accommodate Sri Lankans living and working abroad and to make voting more accessible for citizens working in industrial sectors such as those in free trade zones. Many of these workers often forgo their right to vote due to the inconvenience, highlighting the need for reforms that make the electoral process more inclusive and accessible to all.

In this year’s presidential election over 300,000 votes were rejected and more than 600,000 votes were rejected in the parliamentary election. It is crucial to investigate why such a large number of votes are being invalidated. One possible explanation is the complexity of the voting process and a lack of sufficient awareness about how to properly cast a vote. Therefore, electoral reforms must prioritize creating a simpler and more convenient voting system. These reforms should also focus on improving accessibility, inclusivity and the design of voting centers to ensure that all citizens can participate in the electoral process with ease and confidence.

The behavior of the media, candidates and political parties is often the subject of significant criticism during elections. It is important to establish effective mechanisms that protect freedom of expression while ensuring a peaceful election process and equitable visibility for all candidates. Policymakers must also place greater focus on social media and other digital platforms, which are becoming increasingly influential but are also prone to misuse. Addressing these challenges requires a balanced approach that safeguards democratic principles while promoting fair and transparent electoral practices.

The introduction of the Regulation of Election Expenditure Act marks a significant victory for activists who have long called for a mechanism to control election campaign spending. This law allows for the monitoring of candidates’ expenses and donors, helping to create a more level playing field. However, it is widely believed that the law was hastily enacted as part of an effort to postpone the 2023 local government elections. As a result, the law contains several loopholes and requires further strengthening to be truly effective.

During the announcement of the official presidential election results, the Chairman of the Election Commission publicly urged the government to consider the multiple recommendations made by the Commission that have been ignored by successive administrations. It is crucial that the current parliament takes these proposals seriously. They should also consult election experts, observer groups and the general public and work to address the electoral reforms needed for a more transparent and equitable system.

Protecting the right to vote

One of the most significant challenges facing our democracy is the misuse of executive power and legal mechanisms to delay elections. The provincial council elections have been postponed for an extended period and in 2023 former President Ranil Wickremesinghe undemocratically postponed the local government elections. While each of these elections serves to elect representatives for different branches of governance, they also provide the public with an essential opportunity to express their views on how the country is being governed.

It is crucial to close any loopholes that may allow for the disruption of elections and ensure that they are held on a regular basis. Elections serve as a vital gauge of public sentiment and the gap between 2020 and 2024 during which no such elections were held is a prime example of the harm caused by delays. Moving forward it is essential that local government and provincial council elections are scheduled in a way that prevents long periods without any democratic processes, ensuring a consistent channel for public expression and accountability.

A new constitution with checks and balances

One of the most important responsibilities of the president and parliament is the creation of a new constitution for the country. The current constitution has been amended 21 times and has faced widespread criticism for various reasons. A key priority should be the abolition of the executive presidency, replacing it with a system that ensures a proper balance of power between the executive, legislature and judiciary. The government must focus on establishing a more effectively devolved administrative system while safeguarding the fundamental rights of all citizens. To achieve this, the government should facilitate a transparent, inclusive process of consultation with the public and experts, ensuring that the new constitution is truly citizen centered.

Bringing power to the people

The aragalaya stands as one of the most significant historical movements in Sri Lanka, profoundly reshaping the country’s political culture. A central demand of the aragalaya was to shift power from parliament to the people. As the legislative body, parliament’s role is to engage in policy making and manage public finances on behalf of the people. However, for a long time, many felt that parliament had been dominated by an elite group with decisions that did not reflect the will of the people. In a decisive move, the people used their most direct opportunity to reshape parliament, electing over 140 new members out of 196.

Now it is parliament’s responsibility to ensure that members remain accessible to their constituents and that parliamentary committees are strengthened to allow for greater public participation. Parliament must adopt a transparent approach to lawmaking, which includes thorough consultations, judicial review, adherence to parliamentary procedures and robust debates. These steps are essential to restoring trust in the legislative process and ensuring that parliament truly represents the will of the people. The opposition, while limited in numbers, have a crucial role in holding the government accountable and advocating for transparency and inclusivity in the decision making process.

The current government holds unprecedented power in parliament yet historically such governments have often failed to meet public expectations and have resorted to undemocratic practices. Sri Lanka is not immune to the risk of regressing into such undemocratic processes. However, if the government remains transparent about its actions and openly addresses its challenges, it is likely that the people will respect and support this approach. As the political culture undergoes a transformation, it is crucial for the parliament to understand that citizens will demand accountability and expect the government to deliver on its promises. Strengthening democracy, a key demand of the people and a promise of the National People’s Power government, must remain a top priority in this new phase of governance.