Many people applaud Sri Lanka for holding elections with integrity. However, there is still a significant democratic divide: thousands of eligible citizens who are incarcerated are still essentially denied the right to vote. They include an estimated 25,000 (Approximately, because this date is changed day by day) inmates on remand, the majority of whom are deprived of their constitutional right to vote because of antiquated legal interpretations, inadequate institutional coordination, and administrative inertia.
The Committee for the Protection of Prisoners’ Rights (CPRP) has launched a strong, multifaceted intervention to restore inmates’ constitutionally guaranteed but systematically disregarded right to vote.
Legal Action
On July 17, 2024, CPRP filed a writ of mandamus in the Supreme Court of Sri Lanka in accordance with Article 104(H)(1) of the Constitution, marking a significant milestone. The Election Commission of Sri Lanka (ECSL) and its members were among the nine respondents named by the petitioner, Sudesh Nandimal de Silva, Chairman of the CPRP.
According to the petition, the Constitution’s Articles 3 and 4, which protect people’s sovereignty, and Article 14(1)(a), which protects freedom of expression, are violated by the absence of a formal system for enabling prisoner voting. To guarantee that eligible inmates, particularly remand detainees who are not disqualified under Article 89, can cast ballots in the upcoming presidential and parliamentary elections, CPRP is pleading with the Court to order the Election Commission to put the required procedures into place.
The Election Commission formally acknowledged in a letter to the Commissioner General of Prisons on June 6, 2025, that inmates who are not prohibited by Article 89 have the legal right to vote. This was a landmark victory of the CPRP’s intervention.
In order to register eligible inmates and remand detainees in the 2025 voter registry, the letter urged prison officials to work with local enumeration officers.
Importantly, the Election Commission’s letter specifically references discussions with CPRP, demonstrating the crucial contribution to raising awareness of this issue on a national level.
Advocacy Based on Research
A comprehensive research study is currently underway, led by researcher Manjula Gajanayake, to critically examine the challenges and opportunities surrounding prisoners’ electoral participation in Sri Lanka. This research will be carried out from June 15 to August 14, 2025. This study examines the legal, political, and practical issues related to prisoner enfranchisement and was carried out from June 15 to August 14, 2025. Its findings will inform CPRP’s policy submissions to the ECSL and shape broader electoral reforms.
Participation of the Human Rights Commission
The Human Rights Commission of Sri Lanka (HRCSL) has supported the CPRP’s efforts by formally endorsing them and exerting pressure on the Election Commission to take significant action. A promising example of inclusive democratic reform is the cooperation between the electoral system, civil society, and constitutional authorities.
The CPRP’s efforts are crucial to preserving democracy, defending rights, and making sure that everyone, including those incarcerated, is heard as the nation gets ready for its next elections.
– Rasika Gunawardana-
