Read the full interim report: “International Expert Election Observation Mission (IEEOM) to the 2024 Presidential Election in Sri Lanka” Interim Report“

The Asian Network for Free Elections (ANFREL) congratulates the people of Sri Lanka for their steadfast commitment to democracy, as demonstrated by their enthusiastic participation in the 2024 Presidential Election. The high voter turnout of 79.46% and level of engagement are truly admirable, reflecting the enduring strength of Sri Lanka’s democratic spirit.

ANFREL commends the Election Commission of Sri Lanka (ECSL) for upholding its constitutional mandate and overseeing a well-managed electoral process that earned the trust of the public, political parties, and candidates. The peaceful acceptance of the election results by all contesting parties further underscores Sri Lanka’s democratic maturity and facilitated a smooth transfer of power.

A popular saying about Sri Lanka’s weather notes that it is either raining or about to rain. This analogy aptly describes the electoral climate of the 2024 election, where a record 38 candidates brought a “downpour” of political activity, especially on social media. The campaigns were filled with promises to lead Sri Lanka out of its economic crisis, highlighting the importance of this election. While the active participation is commendable, the need for continued reforms remains evident.

On Election Day, ANFREL observers visited 147 polling stations across both urban and rural areas. The voting process proceeded smoothly, with effective coordination between the ECSL and polling staff. However, several issues were noted, including inadequate accessibility for persons with disabilities and the elderly, compromised ballot secrecy due to improper placement of polling booths, and ambiguities regarding the role of police officers inside polling stations. While these issues did not significantly affect the election’s overall integrity, addressing them in future elections will enhance the transparency, inclusiveness, and credibility of the process.

ANFREL, during the campaign period, has observed significant misuse of state resources, raising concerns about the fairness of the campaign. Government vehicles were used for campaign purposes, and public welfare and infrastructure projects were rushed in key constituencies, seemingly to influence voter sentiment. Despite existing laws and codes of conduct, the rampant misuse of state resources rendered ECSL’s enforcement power nugatory. Key concerns included taxpayer relief measures, salary increases for government employees, and other development programs being announced during the campaign period, raising questions about fairness. While the ECSL took steps to address some issues, such as seizing government vehicles, the widespread abuse persisted, highlighting the need for stronger regulations and enforcement mechanisms to ensure transparency and accountability in future elections.

The newly introduced Campaign Finance Law, which aimed to regulate political spending and ensure greater transparency, was another area of concern. ANFREL noted challenges in its implementation, including unclear guidelines, loopholes in the regulations, and difficulties in monitoring campaign expenditures. The enforcement period of the law was also delayed, allowing candidates and parties to engage in significant campaign spending outside the designated period.

Based on its findings, ANFREL recommends that the Parliament should review and refine Sri Lanka’s campaign finance law to address emerging challenges, and ensure alignment with the country’s evolving political landscape. ANFREL also recommends the ECSL to review the enforcement timeline to broaden its scope, ensuring the law becomes active from the moment elections are declared, thereby capturing campaign expenses more effectively. ANFREL also encourages the Parliament and ECSL to provide clear guidelines that define lawful election materials or paraphernalia where campaign funds can be spent. This will help prevent misuse and close potential loopholes in the system. Furthermore, ANFREL strongly recommends that the ECSL develop robust monitoring mechanisms, including digital platforms, to track campaign expenditures in real time. Such a system would allow for more efficient oversight and accountability.

ANFREL identified significant concerns regarding media independence and access during the elections. State-run media heavily favored the incumbent, while private media, often controlled by individuals with political affiliations, further distorted coverage. This lack of balanced reporting deprived voters of impartial information, undermining the fairness of the electoral process. To address these issues, ANFREL recommends that media outlets adopt stronger self-regulation and uphold high ethical standards to ensure responsible journalism. Additionally, stricter enforcement of media guidelines is necessary to guarantee equal access for all candidates. Greater support for independent journalism is also crucial. Ensuring editorial independence and fair media representation is vital for fostering a transparent and equitable electoral environment in future elections.

Misinformation and disinformation were widespread during the campaign, particularly on social media platforms such as Meta, TikTok, and YouTube. False opinion polls, AI-generated content, and fabricated election results circulated extensively, misleading voters and undermining public confidence in the electoral process. ANFREL, along with local monitoring groups, emphasizes the strong need for transparency and fact-checking initiatives and enhanced oversight of social media platforms to curb such manipulation in the elections to come.

Voter education, particularly on the voting mechanisms such as preferential voting, was found to be insufficient. There was widespread confusion among the public regarding the marking of ballots, since voters can opt to select a single candidate or perform preferential voting. Rural voters, first-time voters, and marginalized communities were disproportionately affected by this confusion and lack of awareness. Although civil society organizations and the ECSL undertook voter education initiatives, the focus remained on procedural aspects rather than educating voters on the electoral process or the importance of choosing the right candidate. The preferential voting system in Sri Lanka, introduced in the 1978 Constitution, has been there for over 40 years but is not widely used or known by the general public. Various stakeholders including the EC as well as CSOs and experts expressed that voting for only a candidate has been practiced by the majority of voters. And, due to this factor, voting for one candidate was not considered invalid by the EC in past elections. ANFREL recommends expanding the scope of voter education programs including the true meaning and essence of preferential voting. A coordinated effort between the ECSL, CSOs, and media is essential to ensure comprehensive voter education that fosters informed and active participation in the electoral process.

The disenfranchisement of key voter groups was another critical issue observed during the 2024 Presidential Election. Significant portions of the electorate, including overseas workers, prisoners, and certain marginalized communities, were unable to participate in the election due to legal and logistical barriers. Despite the ECSL’s mandate to ensure an inclusive election, these groups remained excluded from the voting process. ANFREL urges the Parliament and relevant authorities to address these gaps by introducing legal reforms and alternative voting mechanisms, such as overseas and/or advance voting, to ensure all eligible citizens can fully exercise their right to vote in future elections.

The post-election environment remained stable, although concerns were raised over the unprecedented second round of vote counting, where preferential votes were tallied after no candidate secured an outright majority. Meanwhile, the declared curfew from 10:00 pm on polling day, later extended until noon the following day, citing public safety concerns while the counting was still in progress created temporary chaos and confusion, despite the Election Commission describing the election as one of the most peaceful in the country’s history. Despite these concerns, the election results were accepted by most stakeholders, and no major incidents were reported.

ANFREL remains committed to supporting the democratic processes in Sri Lanka and looks forward to engaging with all stakeholders in future electoral reforms and activities aimed at strengthening democracy in the country.

ANFREL will release a comprehensive final report by the end of November.

Read the full interim report: “International Expert Election Observation Mission (IEEOM) to the 2024 Presidential Election in Sri Lanka” Interim Report“