By Mohamed Ajiwath –

Mohamed Ajiwath

Gazette for Presidential Elections 2024 has been published and the political actors are busy in preparations for nominations, negotiations, making strategies for winning the election and campaigning. Businesses are looking for supporting their most favorable candidate. Political analysts are busy in listing their wish lists and few predicting who might win or lose. Journalist are having field days, getting busy promoting their perspectives of the prospective candidate(s). The public are getting ready for the mega entertainment without properly understanding impact/implications their vote may lead to the future of this nation. These are all necessities for reminding us that Sri Lanka is a democratic nation.

Everyone is getting busy to play their role(s). However, a very large segment of the Sri Lankan population who are primarily living overseas to bring food and a better living condition for their families and loved ones in Sri Lanka are denied their voting franchise. In majority of the cases, such worker migrations are not necessarily a choice but rather imposed due to economic situation back in Sri Lanka. During the economic disaster we faced, the expat’s contribution by way of foreign exchange not only assisted to salvage the economy, but it also continues to assist in the long-term prosperity of Sri Lankan nation.

A million dollar questions to ask is why the fundamental and basis rights of migrant works voting rights are continued to be denied?

Statistics

As per the Central Bank available statistics the total population of Sri Lanka is 22.2 Million (2023). Out of which app 16.8 million (2023 – Election Commission Data) are registered voters.

Among these registered voters, app 2.0 -2.5 Million are migrant workers.(Note : Author is unable to obtain accurate statistics of Cumulative net migrant population of Sri Lankans with Sri Lankan or Dual citizenship). As such we can expect 12.5 to 15% of eligible voters are denied their universal franchise simply because they have (temporarily) migrated to other countries for the purpose of employment education or other reasons.

Universal franchise and elections  

The right of all qualified citizens, irrespective of their race, religion, language, ethnicity, caste, education, ownership of wealth, birth, the place of birth, gender or any other difference, to participate in the administration of the country and / or to elect their representatives. That is, the universal franchise confers sovereignty in the people. In other words, the right of taking decisions about himself or herself and about the county, is vested with the citizen. In monarchical systems of governments, the decision marker on these aspects, was the king. The foundation of the republics based on democratic principles after changing monarchisms, was the universal franchise. The bridge for the people to join with public administration is the universal franchise.

Historical Perspectives

The quest for expat voter rights issue has a long history in the world. Some of countries have given voting rights for soldiers goes way back to 1862 (USA) and 1918 (UK). In due course this rights were extended to public. As of today, there are more that 141( or 120) countries (depending on the  different sources) that allow various degree of voting rights for their citizen living in the overseas territories. Unfortunately, in the SAARC region we do not have exemplary examples for expat voter rights. Pakistan offered the voting rights but reversed in 2022 . India does allow Non-Resident Indian (NRI) voting rights albite with many restriction.

The East Asian countries (Singapore, Malaysia, Philippines etc.) do allow the expat voting rights.

Sri Lankan Context

There were few attempts in the past by various individual / organization to highlight the need for expat voting rights. Some selected list (neither comprehensive nor complete) is listed below to acknowledge their voices and  efforts in this regard:

Chandani Kirinde and Laila Nasry reported in Dec 2001, the plights of how expats were “Barred from the Ballot” (refer   )

Shereen Saroor published, and article titled “Advocating for the Voting Rights of Sri Lankan Migrant Workers” in 2003 and highlighted that “In 2000, a migrant NGO started the campaign to extend voting rights to migrant workers as a means to improve their leverage to influence policy making. The campaign has gained the support of different political parties and government agencies”.

National Workers Congress past secretary Mr. Anton Lodwick was urging to consider voting rights for migrant workers for Jan 26 Poll, 2010. (Refer Voting rights urged for migrant workers, other Sri Lankan residents overseas (sundaytimes.lk)

Former Election Commissioner Mahinda Deshapriya indicated in 2016 that” Elections commission is keen to ensure millions of Sri Lankans living abroad are granted voting rights making the electoral process more inclusive” (refer Sri Lanka mulls voting for citizens abroad | EconomyNext, Voting rights for expat Lankans in the offing | Arab News, Sri Lankan expats hopeful of voting rights in home country – Times of Oman ).

Sunil Handunneththi (ex-MP & chairman of COPF) during his visit to KSA (in 2017) told Arab News that the country’s expatriates should be given voting rights. (refer Legislator urges voting rights for Sri Lankans back home | Arab News ). On another occasion he urged the Government to provide a pension plan and voting right for all Sri Lankan foreign workers, collected signatures of Sri Lankan expatriates &  lodged a petition from each middle east country including Qatar, Kuwait, Oman and Saudi Arabia. However, it is regretted to note that JVP /NPP appears to no longer pursue this rights issue or at least no longer a priority since they are focusing on the presidential campaign.

Francis Solomontine reported in Dec 2021 that “The Sri Lankan Government maintains its silence on Sri Lankan expatriates demanding voting rights” (refer Are Sri Lankan expatriates’ rights harmonised for country’s economic interest? | Daily FT).

A parliamentary select committee (2021) for electoral reform made recommendations for expat voting rights but unfortunately no action taken thus far. (Refer Parliament of Sri Lanka – News – The Final Report of the Select Committee of Parliament to Identify Appropriate Reforms of the Election Laws and the Electoral System and to Recommend Necessary Amendments presented to Parliament ).

Special Presidential Commission (2023) was required (among other issues) to  “examine all existing election laws and regulations and make necessary recommendations” to amend election laws to suit current needs. It has been called upon to give “special consideration” to: Provide an opportunity for electronic voting by Sri Lankans (living) overseas. Unfortunately, no final report available in the public domain, nor tangible actions taken to facilitate the expat voting rights.

Online petitions were initiated by Ruwan Subasinghe  (refer https://www.ipetitions.com/petition/srilankaexpatvote/ ), Susantha Ranatunga ( https://www.change.org/p/election-commission-of-sri-lanka-voting-rights-of-expat-sri-lankans-should-be-ensured-for-upcoming-election 2020), and in 2024 by Dr. Chanaka Senanayke ( https://www.change.org/p/implement-a-voting-system-for-overseas-sri-lankans ). However, it is regretful to note that these online petition were not supported “enmasse” by the stakeholders.

Sulochana Ramiah Mohan in a recent article titled “Allowing Expats to Exercise Franchise Vital” highlighted the need for expat voting  rights highlighting how Maldivian expats living in Sri Lanka were allowed to vote and the Sri Lankan expats (in Maldives & elsewhere) were discriminated.

Status Quo

Despite many of the above listed and other efforts , the expat voting rights issue is Sri Lanka has not gained its momentum it deserves. It is an irony that like many other rights issue, the expat voters’ rights issue was  never popular nor given importance it deserves by  the so called “Rights Organizations”, “Election Monitoring NGO’s”, “Political Parties” “Election Commission” or even political pandits..

While there is an “Overseas Voters Registration -Testing” is provided in the Election Commission website, the facility is only at preliminary testing stage and may not be implemented for forthcoming Presidential / Parliamentary Elections.

Executive Director of People’s Action for Free and Fair Elections (PAFFREL), Rohana Hettiarachchi reveals that his organisation has been lobbying for a voting system for Sri Lankans overseas for the past decade, however, there has been no progress but now there is growing interest in its implementation. Hettiarachchi told  that the introduction of overseas voting might not occur in the upcoming elections (neither in the current polls scheduled for this year nor the next year)

Implications of denying voting rights for expats

It is an irony that the consecutive Governments always expect the expat community to invest and support the Sri Lankan economy. Except those who have obtained citizenship or permanent residency abroad, majority of the migrant worker community maintain the Sri Lankan citizenship and send their hard-earned money back to Sri Lanka. Therefore, expat voting issue is  is a fundamental right issue that need urgent attention. As much as they contribute to the economy, they should have the right to vote wherever they are currently domiciled.   

Considering the very high percentage of the migrant workers (12.5 to 15%), the impact of availing the expat voters right has very direct implication on the selection of the President or their representatives.

Further Actions needed

It is right time all the political scientists / commentators / Analysts and influencers give the prominence to this issue. A kind request to all  member of parliamentarians to raise this issue consistently to change the provisions of election act and to enforce the Election Authority to avail expat voting rights beyond the preliminary testing stage . Elections commission to verify how it could accommodate this fundamental right with existing / future law. I may also request that interested stakeholders to sought remedies  through public litigation to collectively win the fundamental rights of migrant workers who are unable to travel back to Sri Lanka exclusively for the purpose of exercising their franchise. If only a portion of the travelling cost by few thousand (or is it in lacks??) expat is spent on vigorously promoting the voting franchise, this would improve our democratic values and universal franchise without discrimination for the migrant workers.

*Author is migrant worker for the last 3 decades and advocates for expat rights. The opinions are his personal unless quoted with references.