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| Tuesday, 12 October 2004 |
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National IDs - a key to cleaner elections Speech by Minister of Constitutional Affairs and National Integration, Dew Gunasekara in Parliament on October 7 during the debate on Elections (Special Provisions) Bill I wish to make a brief intervention in English. The issue of identity cards has a long history. The need for the issue of identity cards was first raised as early as 1959 - 45 years ago. The Select Committee set up by the M.E.P. Government of Premier S.W.R.D. Bandaranaike had gone into this question of identity cards in depth and incorporated its recommendations to the House of Representatives as the Ceylon Parliamentary Elections (Amendment) Act No. 11 of 1959.
This package of recommendations consisting of radical fundamental changes to the Election Law including the vote at the age of 18 was in fact a landmark in its history. May I quote Premier S.W.R.D. Bandaranaike who introduced the Bill in 1959: "Clause 7 (which relates to Identity Card) is important. This is a problem we have had in mind for sometime and we feel it is very valuable for many purposes. The chief purpose will be that the habit of impersonation which is by no means uncommon in elections will be reduced to a great extent". I find, Sir, that the arguments advanced by some members today based on genuine and spurious fears and also on real and imaginary fears opposing the introduction of an identity card were the same old hackneyed ones trotted out at the Second Reading of the Bill in 1959 - The Amendment Act of 1959 was however passed without a division. Clause 7 which relates to identity cards remained in the statute for 45 long years without being implemented. There was a safety value in that Amendment Act of 1959. In order to allay the fears of some members of the then Opposition, the power was assigned to the Minister of Home Affairs to fix the date of operation of section 22 c (1) (a) relating to the identity card. Sir, as a result it never came into operation. Perhaps had the power been given to the Commissioner, it would have come into operation. The weakness in that Act was its inability to fix a time frame for its operation. This fact of experience made us to consider the time frame as absolutely necessary. Pieter Keunaman then leader of the Communist Party who led the debate on behalf of the opposition said thus: "One of the weaknesses of this clause (Re identity card) is that is envisages that nothing should happen until everybody in the Island has got an identity card. This is the fundamental weakness of the conception behind this". As predicted, it was never implemented. He was proved correct. That is why my colleague the Hon. John Seneviratne, Minister of Justice and Law Reforms insisted at the discussion with the leaders of the Opposition on the need for a time frame. If there is no time frame, this piece of legislation too will not come into operation. Ten general elections have been held since the law was enacted 45 years ago. Neither the Executive nor the legislature ever wanted to implement this salutary piece of legislation. Whenever this demand was raised the issue was scuttled for the same old reasons of impracticability, too expensive, lack of funds, need for machinery for implementation, possible disenfranchisement of certain voters, possible denial of fundamental right to vote etc. Sir, the hidden reason was in fact the need of a right to impersonate. In fact, the impersonation logically results in a denial of the right to vote, Sir, at the Select Committee of 1989 my colleague Hon. Dinesh Gunawardena and myself as members of the Committee revived the struggle initiated by then MP for Kalawana late Sarath Muththettuwegama and insisted on the introduction of the identity card. We produced a minority report, since there was no consensus. The stock reply of Premier Premadasa who was then the Chairman of the Select Committee was "no funds" and "no machinery". We were voted out by the weight of the majority at the Select Committee. The Select Committee of the last Parliament chaired by Hon. Dinesh Gunawardena produced an interim report presented to this House which again recommended the introduction of identity card amongst many other reforms. Now some members of this Parliament again attempt to attach a proviso for imagined reasons in order to abort the implementation of this requirement. Sir, in 1959 when this idea was mooted, the intention of the legislature was to assign the power to the Commissioner of Elections for the issue of the identity card. Since there was no national identity card in existence and in fact there was no Department for Registration of Persons, the power to decide upon the identity card was assigned to the Home Minister. Today, we have a separate department under the Commissioner of Registration of Persons operative from 1971 as an authority for issue of identity cards. There is no additional problem for the Commissioner of Elections. Roughly 72% of the people (i.e. over age of 16) and consequently about 75% of the voters already have identity cards. There is no reason whatesover to attach safety values, in other words, provisos under the present circumstances and conditions for reasons of possible disenfranchisement of voters. There is no problem at all with regard to the estate sector. We have made it possible for the voters to produce any identity document. Our Ministry is already engaged in the issue of identity cards under the programme of national integration. Once this Bill is passed, this Government will launch a special campaign for issue of identity cards. You want elections, you want representation in parliament. Then why cannot you agree to have a cleaner election? I am telling the members of TNA that issue of identity cards will ensure a much cleaner election than the 2004 election. I am sure the LTTE will not snatch away your identity cards. On the strength of that argument, one can say that the LTTE may even prevent you from entering the polling station. They may be real or imaginary. But the law should prevail despite those possible impediments. It is the responsibility of the State to issue an identity card to every voter. It is the responsibility of the voter to protect it. Democracy can function perfectly dependent upon the consciousness of the voter. The State is required to provide facilities and this Government is ready to provide them. So, Sir, the State can assure the issue of identity cards to all the voters. Surely, the State can also establish a machinery using new technologies, to have duplicate identity cards with the Commissioner or Presiding Officer etc. We shall modernize and democratize the electoral process. Let us unanimously pass this Bill and assure the people of a cleaner election. |
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