A case for an Electoral Peace Charter

There is growing fear among the law-abiding citizens in Sri Lanka similar to that what Americans experienced a few weeks ago when Hurricane Rita approached their coastline with speeds in excess of 250kph.

The fear among our people is about the political violence which they fear might surge in the next four weeks. You cannot blame them because it has been our unfortunate experience over the past decades that election time has proved a time for political mayhem.

On the other hand, all party leaders are calling for a violence-free election and are solemnly pledging their support for it. Then what is the problem? Why cannot we have a violence-free and peaceful election. Is it because we are a nation bent towards violence? I don't think so.

It is my belief that the reason for election violence is the operational weaknesses in the institutions within whose mandate the management of electoral violence lies. These weaknesses coupled with a deeply entrenched culture of impunity have many times allowed violence to work as well as it has in influencing electoral outcomes.

It is in this context perhaps we could take a cue from Kenyans. Three years ago, Kenyans voted overwhelmingly to change 30 years of one-party rule under the Kenya African National Union, by electing the candidate of the opposition as President. The conduct and outcome of the elections surprised even the most optimistic of Kenyan analysts, as the pre-election and post- election periods passed without the widespread violence that had characterized past elections in Kenya.

In order to achieve this goal, National Democratic Institute - a powerful international NGO based in USA - with the consent and support of the contesting political parties, adopted a two-track approach.

The programme centred on activities with high and mid-ranking officials at the national level as well as activities at the grassroots level with party branch officials. Through this programme, NDI sought to enhance parties' understanding of their role in, and the rights and responsibilities of, both opposition and government, and to help parties to develop the capacity to aggregate and represent citizen interest.

In the months leading up to the elections, NDI focused its activities on deterring election-related violence by introducing confidence-building measures among the political parties and the Electoral Commission of Kenya (ECK) at both the national and grassroots levels. In addition, NDI was instrumental in forming and training Inter-Party Provincial Committees (IPPCs), ECK and local government officials to work together to deter violence at the grassroots level.

Assistance focused on 'hotspots' defined as areas where the risk of electoral violence is particularly high based on historical evidence.

They also developed what was known as Electoral Peace Charter to minimize election violence and malpractices. The charter was designed as a morally binding document to instil moral obligation in the players on the political scene.

The charter was not legally binding as there are already legal instruments. The Charter was as follows: The parties to this Charter, (i.e., candidates seeking elective offices) -- Considering that electoral violence is a cardinal violation of the whole gamut of universally accepted human rights, Recognizing that there has been electoral violence in past elections in Kenya, Aware that this violence is untenable and an abrogation of the democratic rights of Kenyans, Realizing that this violence has occurred despite the existence of laws and regulations that outlaw electoral violence, Knowing that these laws and regulations include the Electoral Code of Conduct that all political parties and candidates seeking election are obligated to subscribe to, Cognizant that this violence has led to loss of life, liberty, human dignity and damage and destruction of property, Concerned that this violence should not be allowed to recur, Realizing that they are obligated to strive for the promotion and observance of electoral peace, Agree upon and undertake to adhere to the following articles:

1. I shall, at all times, and in all places, in word and in deed, promote the aim of a peaceful election.

2. I shall not directly or by proxy, agent, affiliate, associate or membership or other form whatsoever, engage in any form of electoral violence, which is any act/omission or series of acts/omissions that causes, or is likely to cause, harm to an individual or group of people, or damage to property, if the act/omission or series of acts/omissions is intended to or results in influencing electoral choices or outcomes.

3. To peacefully resolve our differences or other disagreements between and among ourselves. I believe it is a concept to be seriously explored by us, too, in the background of our history of violent elections.

Although laws were passed that sought to prevent such violence and to punish those responsible, Sri Lanka has continued to experience violent polls. Whether this sort of a plan will succeed or not, only God knows. But its worth a try.