An open letter to Presidential Election candidates: Legalise fairer and voter friendly alternative to replace complex Mixed Member Voting (MMV) and Preference voting (‘Manape’) systems before next General and PC Elections. – By Bernard fernando

An open letter to Presidential Election candidates: Legalise fairer and voter friendly alternative to replace complex Mixed Member Voting (MMV) and Preference voting (‘Manape’) systems before next General and PC Elections. – By Bernard fernando

 As you are aware, the weaknesses and shortcomings in our Political and Electoral systems have over the last several decades allowed power hungry, mediocre and nepotic politicians to rule the roost in our Parliament. They were desperately upstaged by the epic amalgam of “People’s uprising’’ through the ‘Peaceful new generation Aragalaya-2022’ and the Country’s declared‘Bankruptcy’. The gross disregard to ‘Meritocracy’ in the selection of Peoples representatives and pervasive injustice due to aversion towards law and order were overpoweringly brought home by their slogans-“What is the point of an educated population if the decision makers are uneducated” and “When injustice becomes law, resistance becomes duty”. This overwhelming and glaring truth makes any measure of research absolutely redundant.

 Also, the distortion of the ‘Equality of Ballot/Suffrage’ with overriding complex constitutional provisions favouring Major Parties under the pretext of a ‘Stable Govt.’ with a comfortable majority by cunning politicians was brought to public domain by the writer and a few others through the National press and submissions to all the Govt. appointed Commissions and Voter dedicated organisations/ Academia since 2015.

Evidently, the majority of that genre of traditionally ineligible and corrupt politicians is waiting in the wings to have another go at the next General and PC Elections. Since the  country loving people cannot buy time for another 05 years, for the desired changes to happen, it has become imperative to leverage their desperate demand for ‘System Change’ on a time lined action plan to be included in the Election manifestoes of those capable candidates  at the upcoming Presidential Election. Accordingly, the following positive ‘System changes’ proposed and updated over the years to our existing Political and Electoral systems, based on sacred principles of Equality, Accuracy and Meritocracy leading to a  true Representative Democracy, are urged  to be legalised before holding next General and PC elections under the new system on a single date.

1.Ensure ‘Equality of ballot/Suffrage’ as per the Constitution and UN’s Universal Declaration of Human Rights(1948) by  accurately allocating  seats to Parties based simply on their National vote % as published officially by National Election Commission  (NEC).

2. Re-distribute such National seat allocation of each party among Districts, based on its District vote %.
3. Abolish existing Preference Voting (‘Manape’) and Mixed Member Voting (MMV) systems and require Parties to submit their District nominations under Electorate level sub- lists in merit order. Parties contesting in less than, say 10 Districts shall be allowed to submit one ‘Central Pool’ nominations list (as earlier adopted by JVP) also in merit order to NEC.

 4.To ensure Meritocracy, and to maintain uniformity, NEC to mandate a set of common minimum  eligibility criteria and a structured Interview marking system at Electorate level for all contesting Parties/Groups across the board  and guarantee nomination of public cleared, genuine ‘Country-first -Political Professionals’ (The detailed methodology is available ).

5. Ensure Women and Youth representation (20% each) in Parliament and PCs, by mandating at least 01woman and 01 youth below 35 among every 5 nominees in all Electoral level Nomination sub-lists and the Central Pool nomination lists. Interview System shall provide for special marks for Women and youth for this purpose. (The detailed methodology is available)
6. The said preliminary Nomination lists from Electoral level Party Interview Committees sub-listed at District level shall be forwarded to NEC by the respective District Deputy/Assist. Commissioners of Elections Dept. with their comments, if any. The NEC will publish such Preliminary lists in the National press in 3 Languages to obtain clearance/Objections from the public within a specific time frame.
7. Thereafter, Parties will act according to NEC’s final instructions arising from Public responses and submit their final nominations lists to NEC who will in turn publish such final lists in the press as aforesaid.

 Special Benefits

1. With the guaranteed nomination of public cleared, genuine ‘Country-first -Political Professionals’, in merit order required as per item 4 above, the main demand of the new generation and all objectives of the Electoral system as well as those of Parliament and PCs will be rightly  fulfilled.( The methodology is prepared)

ii.The next special benefit, not only guarantees Accuracy, Meritocracy and Democracy but also ensures assignment of at least 01 MP to each of the 160 Electorates as expected under the former FPP system, without compromising the equal value for valid votes achieved as per item 1 above.

        For example, if Party ‘A’ has won a re-distributed allocation of 11 seats for Colombo District, which has 15 electorates, and if they have won 9 Electorates, the Nominees including those of multi- member Electorates topping the sub- lists in those 09 Electorates will first get elected to the Parliament. The balance seats will be allocated to the respective nominees in the Electorates with next highest votes in the District thereby completing its total assignments to 11 seats. The same method will be applied to other Parties who have won a Colombo District allocation. Parties with a Central Pool list who have won a Colombo District allocation, may be given the option to select their nominees to the Parliament without even following the merit order as the NEC will ensure that all nominees are ‘Country first-Political Professionals’ as per proposal No. 4 above.

 Technically, the 29 National List members should not be assigned to Electorates, as they have been elected to achieve special objectives.

8. As regards 29 National List MPs, stipulate specific transparent criteria & methodology for District wise nomination of 29 ‘Senate’ calibre professionals considering multi community population ratios. Since they were intended to replace the Senate abolished in 1972, unelected Election candidates cannot vie under this category.
9. Brand the ‘5 year Party Election Manifesto’ as a prosecutable document with a monitorable, time- lined 5 year action plan subject to an Audit procedure.
10. Stipulate a ‘Common Election campaign Expenditure formula’ with Head Office responsibility to all ‘Parties/Groups, to ensure a ‘Level playing field’ and also to open doors to more deserving eligible applicants lacking financial strength. (This item has since been legalised)
11. Discourage registration of ‘Mushroom’/unscrupulous/Decoy Political parties via stringent eligibility and high cash deposit requirements.
12. Abolish ‘Cross over’ mockery and allow member vacancies to be filled by corresponding name/s from the relevant registered merit list.
13. Hold General and PC Elections and the relevant Referenda, if any, on the same day. Electronic voting system to be introduced if found effective.

 Benefits

 Given below are a few more major benefits arising from the above simple measures that will also rationally reduce the cost burden to the Treasury especially of a ‘Bankrupt Country’.

1. Global recognition for complying with UN requirements in regard to ‘Equality of Ballot/Suffrage’ ensuring genuine, free and fair Elections while promoting ‘Sri Lanakan ness’, Equity and Accuracy.
2. ‘Manape’ nominations lists replete with nepotism, and black moneyed mediocre ‘henchaiyas’ breeding inter and intra-party rivalry are replaced by merit based ‘Country first-Political professionals’ who will truly represent the People and achieve the Objectives of the Supreme Parliament through consensual debates forging a ‘win-win ‘situation while maintaining its decorum.
3. 3. The expectations of the ‘Sri Lankan’ people and all Parties/ Groups as well as meeting global standards in regard to inclusiveness of Women/Youth/smaller vote Parties and 01 MP for each Electorate while protecting ‘Equality of vote’ across the country and transparency of the system will be fulfilled.
4. The electoral process will instantly become very much simpler, more meaningful and non-violent due to abolition of ’Manape’ and MMV system.
5. Removal of voting for individuals will relieve the simple voters from selecting ‘Horses’ from lists of ‘Donkeys’.     
6. Debatable adhoc ratios, ‘Overhang’ delays and unexpected seat increases experienced under the complex MMV system will not arise.
7. More than 01 Election can be held on the same day as simple  voters will be required to mark only 01 ‘X’ at each Election.
8. Campaign expenditure, time and labour of contesting Parties will come down drastically.
9. Election results can be announced by Mid-night.
10. The total Election exercise will be peaceful and environment friendly.
11. Erudite ‘Senate’calibre National list members sitting in the Parliament will provide a more effective substitute for a costly ‘Senate’ needing additional space and resources for an external upper chamber which will most likely  delay the decision making process.
12. Branding of ‘Party Election Manifesto’ as a prosecutable document will convince the voter to accept it as the primary determinant for a wise voting decision.

13.Additionally, the writer’s other ‘System Change’ proposals such as discouraging mushroom/Decoy/Unscrupulous Political parties; Abolition of ‘Party Cross-overs’ and Holding Multiple Elections will surely increase the Quality and the productivity of the Electoral system.

14.This new system can be applied to PC Election as well, after fixing the No. of seats on a District basis.

15. Official Expenditure, Time and Energy will be reduced drastically.

Rationalisation of the Political System forging a ‘People based Governance’

1. Abolish Executive Presidency after 2 years, followed by a Hybrid type Non- Executive Presidency.(NP)
2. Revive PCs with more powers, if necessary, while rationalizing the role and benefits to MPs.
3. Depoliticise Local  Govt. Elections paving the way for independent candidates at Grama Niladhari Division (GND) level as per ‘Grama Raajya’ concept with ‘Jana Sabhas’, as proposed by National Movement for Social Justice(NMSJ) and

4.Install a ‘Sustainable National Cabinet System’ based on National party vote % , to foster the much needed Peoples Participation in Governance and ‘Sri Lanakan ness’ forging National Unity and Peace.

Benefits

1. The much despised dictatorial Exec. Presidency is abolished after 30 years.
2. Parliament becomes the only supreme body.
3. The tax-payers  are  relieved from the burden of  high cost Presidential Election and Local Govt. (LG) Elections.                                                                                                 
4. Achieving real objectives of LG machinery becomes a ground reality under a people based governance.                                                                                                            
5. The people at the periphery become recipients of unbiased, uncorrupt, meaningful and efficient service.                                                                                    
6. The breeding ground for corrupt politicians becomes a nursery for ‘Country first –Political Professionals’                                                                                              
7. The stoppage of wasteful expenditure by LG bodies towards the people results in saving of valuable resources.                                                                                      
8. The abolition of politicized LG elections saves  millions of man hours wasted in voting queues, travelling etc.                                                                                       
9. The national reconciliation efforts become fruitful with balanced Provincial Development.                 
10. The PC members  in the periphery will get due recognition.                                 
11. The limitation of the role of MPs to Law/Policy making, Financial Control, and National/Decentralised budgets will increase their productivity.                        
12. The provision of additional vehicles and privileges to MPs can be rationalised.
13. MPs will not require funds from the decentralized budget.                           
14. The bottom up approach will get extended up to the Cabinet, the highest decision making body in the Country.                                                                                                            
15. With the fostering of ‘Sri Lankan ness’, National reconciliation efforts will get a boost.                         
16. The hackneyed ‘Sinhala Govt.’ label pasted by extremists  will get removed.

Final Note

The gross plundering of the Peoples sovereignty with impunity by Politicians over the years has subverted the Principal/Agent relationship in a Representative Democracy making Politicians ‘Demi Gods’ and People their helpless devotees. Therefore, it is imperative to restore real Representative Democracy by making constitutional provisions as follows.

1. i) Prevent all People’s representatives from involving in all matters relevant to their selection process, Salary/ benefits etc. creating fundamental ‘Conflicts of Interest’ ;
2. ii) Widen the scope of NEC and PSC/Salaries and Cadre Commission to table final recommendations in regard to all of the above, in the Parliament only for formal approval and

 iii) strengthen NEC, PSC and other relevant Commissions with ‘Permanent task forces’comprising Retired Judges, Academics, Voter dedicated Civil Organisations and sovereign voter activists extending ‘People Based Governance (PBG)’.

 Benefits:

1. Approval of People’s ’System change’ package will get expedited.
2. The voters will regain their ‘Principal’ and ‘Sovereign’ status while Politicians will become true, capable and polite representatives of the people.

iii. Media and the polity will change their culture of giving undue hype to politicians.

With upcoming Presidential Elections, we urge genuine and capable Presidential Candidates to win people’s confidence by prioritising the said ‘New generation System changes’ in their Election manifesto under a time lined action plan as stated above to enable holding of General and PC elections together with the relevant Referendum for abolition of Executive Presidency  before end of July 2025

Note: Writer’s detailed methodology for above ‘System changes’ and the attendant benefits have been published in the Press. Also available as a free eBooklet on request.

Bernard Fernando-

Former Deputy General Manager-BOC

 Email: jbvfernando@yahoo.com