By Chaminda Silva

The Election Commission (EC) is not empowered to reject the nominations of candidates with past or present court verdicts against them, Chairman of the Election Commission, R.M.A.L. Rathnayake has said.Rathnayake, contacted by The Island, noted that the EC could not reject the nomination of actor and politician Ranjan Ramanayake if he submitted it.

“If anyone wishes to challenge Ramanayake’s participation in the election, he or she will have to seek a court order against him,” Ratnayake said.

“Individuals with past or present court verdicts may have decided to contest after receiving legal advice. We do not have the power to reject their nominations,” he added.

Rathnayake also told The Island that the EC had confirmed the dates for postal voting in the 2024 general election.

Postal voting for the parliamentary election will take place on 20 October, 01 and 04 November at all District Secretariats and District Election Offices.

For those who are unable to cast postal votes on the aforementioned dates, alternative voting opportunities will be available on 07 and 08 November at the same locations, according to the EC. The certification of postal voter lists will be completed by 16 October, and these lists will be handed over to the postal department for distribution on 23 October.

Rathnayake said that the delivery of official ballot papers to post offices will commence on 26 October.

Additionally, 27 and 31 October, as well as 03 November, have been designated as special days for the distribution of official polling cards. The final date for distributing ballot papers is set for 07 November 2024, according to the EC.

Sri Lanka, on Wednesday (09), rejected the draft resolution which was tabled before the United Nations Human Rights Council (UNHRC) seeking to extend the mandate of Resolution 51/1 on promoting reconciliation, accountability and human rights in Sri Lanka moved by the US, the UK, Canada, Malawi and Montenegro.

Earlier on the day the draft resolution A/HRC/57/L.1 on promoting reconciliation, accountability and human rights in Sri Lanka was adopted without a vote during the ongoing 57th Regular Session of the UNHRC in Geneva.

Sri Lanka’s Permanent Representative to the UN Himalee Arunatilaka, delivering the government’s statement prior to the adoption of the draft proposal, said Sri Lanka opposed HRC resolution 51/1 and the preceding HRC resolution 46/1 under which an external evidence gathering mechanism has been established within the OHCHR.

“We also disassociated ourselves from the Report of the High Commissioner, for the reasons outlined in our detailed response to this Council contained in document A/HRC/57/G/1. Resolution 51/1 was tabled without Sri Lanka’s consent as the country concerned, and was adopted by a divided vote.

As such, any subsequent decision extending mandates established by this resolution lack consensus in the Council,” she said.Arunatilaka added that a sovereign state couldn’t accept the superimposition of an external mechanism that runs contrary to its Constitution and which pre-judges the commitment of its domestic legal processes. Furthermore, many countries have already raised serious concerns on the budgetary implications of this mechanism given its ever-expanding mandate, she said.

“As we have repeatedly reminded this Council, setting up of this external evidence gathering mechanism within the OHCHR is an unprecedented and ad hoc expansion of the Council’s mandate, and contradicts its founding principles of impartiality, objectivity and non-selectivity… At a time of intense cynicism and polarisation within the multilateral arena on human rights and humanitarian situations in the context of the on-going travesties of these norms, we urge the co- sponsors of this politicized draft resolution which we oppose, to support and encourage the Government’s clear intention to address human rights and reconciliation through domestic processes and in line with our international obligations,” she said.

Below is Sri Lanka’s statement: “As the country concerned in respect of draft resolution 57/ L.1, as authorised by the newly elected Government in Sri Lanka, let me brief the Council on the latest developments in the country.

“Following the model conduct for a free, fair and peaceful election followed by a dignified transition in keeping with our decades of democratic practice, the President Anura Kumara Dissanayake was sworn in as the 9th Executive President of Sri Lanka on 23 September.

“Next month, the people of Sri Lanka will exercise their franchise once again to elect a new Parliament, enabling the Government to move forward with a strengthened mandate to deliver on the people’s expectations for a new political culture in the country. The rule of law, transparency, accountability and reconciliation will prevail in order to ensure sustained economic growth and social well-being of all our citizens.

“In line with the aspirations of the people, the Government will prioritise integrity, and ethical governance including addressing issues of mismanagement and corruption that were at the root of the economic collapse.

“The Government will protect democracy and human rights of all citizens including addressing past issues. Domestic mechanisms and processes that deal with reconciliation, accountability and justice will be credible and independent within the Constitutional framework, and a truth and reconciliation process that has the people’s trust will be operationalised. As stated by the President ‘Our aim is to make domestic mechanisms credible and sound…’

“As directed by the President, investigative authorities have already announced redoubling of investigation into a number of clearly identified accountability cases that were pending from the past.

“Justice will be delivered to the victims of the senseless Easter Sunday attacks. The Government is committed to a Sri Lankan nation that respects diversity and equal citizenship for all without discrimination consistent with our Constitution and our Treaty commitments. Administrative, political and electoral processes will be activated towards this end.

“The Government has received the mandate from the people and the encouragement of the international community as we move forward on these fronts.

“Now with regard to the draft resolution before us:

“Draft resolution 57/L.1 extends the mandates contained in Human Rights Council resolution 51/1.

“Sri Lanka has opposed HRC resolution 51/1 and the preceding HRC resolution 46/1 under which an external evidence gathering mechanism has been established within the OHCHR.

“We also disassociated from the Report of the High Commissioner, for the reasons outlined in our detailed response to this Council contained in document A/HRC/57/G/1.

“Resolution 51/1 was tabled without Sri Lanka’s consent as the country concerned, and was adopted by a divided vote. As such, any subsequent decision extending mandates established by this resolution lack consensus in the Council.

“As we have repeatedly reminded this Council, setting up of this external evidence gathering mechanism within the OHCHR is an unprecedented and ad hoc expansion of the Council’s mandate, and contradicts its founding principles of impartiality, objectivity and non-selectivity.

“No sovereign state can accept the superimposition of an external mechanism that runs contrary to its Constitution and which pre-judges the commitment of its domestic legal processes. Furthermore, many countries have already raised serious concerns on the budgetary implications of this mechanism given its ever-expanding mandate.

“For the above reasons, we are obliged to reject the draft resolution which is tabled before this Council today seeking to extend the mandate of Resolution 51/1.

“Notwithstanding our rejection of the Resolution, Sri Lanka will continue its longstanding constructive engagement with this Council including with regular human rights bodies, and all core Human Rights treaties to which we are party, as well as our commitments under the UPR process. We will keep the Council updated on the progress we make.

“I would also like to express appreciation for the principled positions taken by many countries in this Council in support of Sri Lanka as we enter a new chapter in our country.

At a time of intense cynicism and polarization within the multilateral arena on human rights and humanitarian situations in the context of the on-going travesties of these norms, we urge the co- sponsors of this politicized draft resolution which we oppose, to support and encourage the Government’s clear intention to address human rights and reconciliation through domestic processes and in line with our international obligations.”

Former Minister and Leader of the National Freedom Front (NFF), Wimal Weerawansa, said yesterday (10) that his party would not contest the upcoming general election.Weerawansa said his party was doing so to ensure that President Anura Kumara Dissanayake would secure a majority in Parliament so that he could govern the country.

Weerawansa warned that both India and the United States would exert immense pressure on the President to implement agreements detrimental to national  interest, such as the 13th Amendment and the Status of Forces Agreement (SOFA).

“The NFF, as a political organisation founded on anti-imperialism, believes that President Dissanayake should at least obtain a simple majority in the forthcoming general election. This will allow him to confront the challenges and pressures he faces without being swayed by external influences,” Weerawansa said.

Weerawansa also claimed that certain opposition parties, acting as imperialist agents, were keen to see Dissanayake fail. “They want him to become a ‘Second- Gotabaya. We will not be complicit in this,” he said.