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  INDICTMENT AGAINST SRI LANKA
The Charge is Ethnic Cleansing
VIOLATION OF RIGHT TO
FREE ELECTIONS IN 1982
"The will of the people shall be the
basis of the authority of government; this will shall
be expressed in periodic and genuine elections which
shall be universal and equal suffrage and shall be held
by secret vote or by equivalent free voting
procedures." - Article 21.3, Universal Declaration of
Human Rights
"The Civil Rights Movement of Sri Lanka has published
a critique of the referendum (of the 22nd of December
1982) questioning whether it was in fact fair and free.
This analysis, released in January 1983, in summary,
alleges that there were serious defects both prior to the
poll and on polling day. The Movement also draws
attention to some statistical analyses in selected
electoral districts that would appear, prima facie, to
raise some grave questions as to the accuracy of the
count returned from these districts...
The Civil Rights Movement reported events which concerned
it relating to polling day, under the following heads:
(1) illegal symbol display (2) intimidation of voters and
prevention of access to polling stations (3) intimidation
and harassment of polling elsewhere (4) intimidation of
polling officers (5) impersonation... The matters
detailed in these criticisms would be such to cause
serious concern as to the fairness of the polling...
The author shares the concern expressed by the
Secretary General of the International Commission of
Jurists about the desirability of the use of a referendum
to extend the term of parliament and also is deeply
concerned as to whether the referendum, in fact, was
conducted freely or fairly and could be taken as
representing an expression of opinion of the people of
Sri Lanka." -
Ethnic and Communal Violence: The Independence of the
Judiciary: Protection of Fundamental Rights and the
Rule of Law in Sri Lanka - Fragile Freedoms? - Report of
an ICJ Mission to Sri Lanka in June 1983 - Timothy
J.Moore
"..the reason given for the referendum was the
'discovery' by the President of a threat to his life and
a plot to overthrow the government, by a group of
'naxalites' - a group within the main opposition party,
the SLFP. These persons were taken into custody and a
state of emergency was declared.
The referendum was then held, with a state of
emergency prevailing; with the main organisers of the
opposition party behind bars; and the Presidents main
opponent, Mrs.Bandaranaike prevented from taking part
(because she had been deprived of her civic
rights).
Once the referendum was held, the threat to the
government seems to have disappeared as mysteriously as
it had emerged. A police inquiry into the alleged
conspiracy could come up with no evidence against the
accused...
The referendum was held in an atmosphere of violence,
corrupt practices and intimidation of the opposition
unprecedented in Sri Lanka's electoral history. The Civil
Rights Movement of Sri Lanka has issued a statement
documenting serious abuses of power by the ruling party
during the referendum. The whole shameful charade calls
into question the legitimacy of the UNP's present term of
office...
It is worth recalling that Hitler too, used the
stratagem of referenda, maintained a climate of anti
semitism and anti communism reinforced by political
thuggery to suspend 'guaranteed civil liberties', to
create an awesome dictatorship.." - Memorandum on
Human Rights Violations and Ethnic Violence in Sri Lanka:
The Netherlands,Dutch Working Group, December
1983
"...The referendum to extend the life of the
Parliament was held under strictures which severely
hampered the opposition campaign. Some opposition
politicians were detained under emergency regulations,
some had been stripped of their civic rights, some
opposition papers were banned and some opposition presses
were sealed, while the polling itself was marred by the
harassment of electoral officers, candidates and
voters..." - Patricia Hyndman: Sri Lanka - Escalating
Violence and Erosions of Democracy: Interim Report to
Lawasia Human Rights Standing Committee March
1985
"...In view of the President being also the chief of
the UNP, (United National Party), the ruling party MPs
have had little leeway in effect for autonomy and
independence within the legislature.
The very fact that soon after the preponed
Presidential election in October 1982...the President had
undated letters of resignation of all his party MPs,
reflected the untrammelled powers at his disposal for a
'made to order' Parliament.
This was particularly so due to (the provisions) ...of
the new constitution under which, in the event of
resignation (or expulsion) of an MP, his party has the
right to nominate his successor...(also) about half the
government MPs are Ministers of one sort or another, i.e.
cabinet ministers, deputy ministers, ministers without
portfolio, project ministers and district
ministers...
Under such a situation (with the over arching powers of
the President to hire and fire any MP), Parliament
despite its so called sovereign powers, has become an
appendage of the executive..." - Ethnic Conflict in
Sri Lanka: Urmilla Phadinis, Gandhi Peace Foundation,
July 1984
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