Votes for corporations and extra votes for property owners: why local council elections are undemocratic

Undemocratic voting systems in local council elections are not limited to the City of Sydney.
AAP/Daniel McCullough

Ryan Goss, Australian National University

Imagine, for a minute, an undemocratic political system. Imagine a voting system in which someone has more votes than you because they own property. Or a voting system in which corporations have a vote – and maybe even more votes than regular people. A voting system in which, as a result, the power of your vote could be diluted by votes cast on behalf of corporations.

This voting system isn’t something from Britain during the Industrial Revolution, or America’s Deep South in the 1950s. Instead, as my recent paper outlines, this way of voting is a reality at local council elections in five of Australia’s six states.

It’s time for this to change.

Not just a Sydney problem

In recent years journalists have often discussed voting rights in the City of Sydney, which gets attention because of the high profile of its council and because of its unusual voting laws. Not only do property-owning corporations get two votes in the City of Sydney, but voting is compulsory for them.

But this type of undemocratic voting isn’t confined to the City of Sydney. It’s not even confined to New South Wales. In every state except Queensland voting rights at local council elections include voting rights based on owning or leasing property, votes for corporations, and various forms of plural voting (ways in which one person can have more than one vote).

In other contexts, Australia’s most senior judges have described plural voting or property-based voting rights as “conspicuously undemocratic” and “anachronistic”, and said that such systems would be unconstitutional if done at federal elections. Such a system enshrines inequality by giving some people more of a say than others.

These days our local councils perform a wide range of government functions. If we don’t accept undemocratic voting rights at state or federal elections, we shouldn’t accept them for local council elections.

Time to catch up with Queensland

Queensland reformed its law on all of this in the 1920s. Alfred Jones, a Labor member of Queensland’s upper house, put it this way when advocating the change in December 1920:

We must recognise that local government is a form of government which affects every citizen within the particular local authority area; and I believe that all governing bodies should be elected on the broad franchise of one adult one vote. Probably Australia has led the world in connection with the adoption of that principle.

Surely what Queensland recognised in 1920 can be recognised in the other states in 2017.

And so, as my paper explains, in Queensland today you get to vote at local council elections if you can vote at state and federal elections. It’s that simple.

Essentially, this means you only get to vote for the local council that runs the area you live in, you only get to vote once, and there are no special voting rights for corporations or property owners. It’s the same at council elections in the Northern Territory.

Queensland hasn’t always been the torchbearer for Australian democracy. But at least voting rights at Queensland local government elections are designed to reflect basic democratic principles.

A kaleidoscope of different laws

The other five Australian states have different ways of deciding who gets voting rights at local council elections. British and Australian history has shaped these voting systems, and the relevant laws have often evolved slowly over time.

In some states, for example, non-citizens can vote if they are resident in the area; in other states residents must be citizens to vote. In some states, voting is compulsory at local council elections; in others it is voluntary or compulsory only for some voters. The detail of the laws is complex.

Nevertheless, there are some rules common to many of the problematic laws in these five states. Being enrolled on the state or federal electoral roll in a local government area will generally entitle you to vote at council elections in that area.

Owning or occupying property in a council area will generally entitle the owner or occupier to vote in that area, especially if the owner or occupier is not also a resident. This also means that, where the owner or occupier is a corporation, the legislation will provide a process by which someone can vote on behalf of the corporation. Where someone owns or occupies multiple properties in a particular council area, or where they live in an area and also own or occupy another property in the area, the law will provide some sort of limit on the number of votes available to that person.

The complex provisions underpinning these voting rights stand in stark contrast to the simple terms of the Queensland law. But while they are complex, their result is clear. In different ways, as the paper shows, these laws allow for voting rights based on property ownership or occupation, voting rights for corporations, and allow individual people to cast multiple votes.

All of this dilutes the voting power of individuals, and runs the risk that local governments may become distracted from what is in the interests of their local community.

Local councils can’t fix this themselves

These laws are quirks of history that have no place in Australia’s 21st-century democracy. So what should be done?

Fixing the laws that govern local council elections is the responsibility of the states. From time to time, state governments and state parliaments consider the possibility of making local council voting rights more democratic.

The good news is that there’s an easy way to make the change: NSW, Victoria, Western Australia, South Australia and Tasmania can simply follow Queensland’s lead. It’s time for state parliaments to act.

Ryan Goss, Senior Lecturer, Australian National University

This article was originally published on The Conversation. Read the original article.

Signs of Witness Intimidation Mount in Orissa, India

Fear factor results in transfer of rape case; meantime, 6-year-old girl says politician is killer.

NEW DELHI, April 2 (CDN) — Due in part to intimidation of witnesses in Kandhamal district, a judge this week granted a change of venue for the trial of men accused of gang-raping a nun during anti-Christian attacks in Orissa in 2008.

The trial will be transferred from Baliguda, Kandhamal to Cuttack, near the Orissa state capital of Bhubaneswar. Justice Indrajit Mohanty of the Orissa High Court on Tuesday (March 30) ordered the inter-district transfer of the trial. The nun, Meena Lilita Barwa, had argued that witnesses would be intimidated into refraining from testifying if the trial were held in Kandhamal district.

She also argued that Kandhamal’s intimidating atmosphere made it too dangerous for her appear in court there. Christians were hopeful that the transfer would lead the administration to review police and court processes in Kandhamal district.

Police have arrested 19 people for allegedly assaulting the nun on Aug. 25, 2008 and parading her half-naked through the streets.

Hindu Politician Identified as Killer

After a series of trials in which murder suspects in the 2008 Kandhamal district violence have gone free as Hindu extremist threats have kept witnesses from testifying, a 6-year-old girl has identified a powerful local politician as the man who killed her father.

In testimony at Fast Track Court No. 1 on March 14, Lipsa Nayak of Kandhamal identified Manoj Pradhan, a member of the Legislative Assembly of Orissa, as the man who cut and burned her father to death when Hindu extremists attacked Christians following the Aug. 23, 2008 death of a local Hindu leader.

Pradhan has been accused in nine cases of murder and in 14 cases of arson. So far he has been exonerated on the murder charges against him for “lack of witnesses.” Christian leaders say that Pradhan has been intimidating witnesses because of his position as a member of Legislative Assembly. Lipsa’s mother, 32-year-old Kanak Rekha Nayak, has said that Pradhan and his associates have threatened to harm her family if they identified him as the killer.

The Nayak family lived in Tiangia, Budedipada, in Raikia block of Kandhamal district. During the anti-Christian attacks that followed the death of Hindu leader Swami Laxmanananda Saraswati, Lipsa’s parents and her sister had taken refuge in the forest to escape the fury of the Hindu extremists, but the rampaging mob tracked them down.

Lipsa, then 4 years old, along with her mother and 2-year-old sister, watched in horror as the crowd allegedly beat her father, Parikhita Nayak, for two hours and then killed him by cutting him into pieces and burning him.

Prosecution and defense lawyers questioned Lipsa for more than 90 minutes, and she reportedly answered all questions without wavering. Asked by the judge if she could identify the killer of her father, she pointed to Pradhan, the MLA from the Hindu nationalist Bharatiya Janata Party (BJP) from G. Udayagiri, Kandhamal.

Her mother later told media, “They played with him for a few hours before cutting him into pieces and dousing him with kerosene.”

Accused as a primary suspect in the murder along with Pradhan is Kali Pradhan. The government of Orissa has set up two Fast Track courts to try cases related to the violence that spread to more than a dozen districts of Orissa. Maoists have taken responsibility for the killing, though Hindu extremists accused Christians in an effort to spark anti-Christian violence. The attacks killed more than 100 people and burned 4,640 houses, 252 churches and 13 educational institutions.

Christian leaders have denounced the legal process in the Kandhamal violence, saying not only that witnesses have been threatened and the intimidated but that police investigations have been negligent or corrupt.

“There has been no conviction in any case of murder,” said Dr. John Dayal, a member of the National Integration Council. “More than 70 people were killed, and trial is being held only for 38 or so of those deaths. Eleven murder cases have been tried with no one being indicted or sentenced for murder so far – because of terrible investigation by the police, a poor show by the prosecuting lawyers and shoddy judicial process.”

The 123 cases tried in the Fast track courts have resulted in 97 convictions and 323 acquittals, including several cases decided on Wednesday (March 31). Seven people in two separate cases were convicted of arson and rioting cases. Nata Pradhan, Jahala Pradhan, Ashok Mallick, Bapa Pradhan, and Udayanath Pradhan from Raikhala-Gadiapada village were sentenced for two years imprisonment for destroying the house of Birendra Nayak of the same village. They were also fined 2,500 rupees (US$55). In the other case, Ratnakar Pradhan and Parsuram Pradhan from village Tatamaha, Raikia block were convicted of riot and arson.

At the same time, Fast Track Court I Judge S.K. Das acquitted 20 people persons in three separate cases for lack of evidence.

“Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial,” said Archbishop of Orissa Raphael Cheenath in a statement. Previously he had demanded that the cases of politically powerful persons such as Manoj Pradhan be transferred out of Kandhamal to ensure proper justice.

“We are deeply concerned about the high rate of acquittals in the Fast Track Courts,” Cheenath said. “Victims filed 3,232 complaints in the various police stations of Kandhamal. Of these, the police registered cases in only 832 instances.”

Orissa Chief Minister Naveen Patnaik filed a written admission in the Orissa Assembly in November 2009 in which he said 85 members of the Hindu extremist Rashtriya Swayamsevak Sangh (RSS), 321 persons of Hindu nationalist umbrella group Vishwa Hindu Parishad (VHP) and 118 persons of Hindu extremist youth wing, the Bajrang Dal, had been arrested for their involvement in the Kandhamal riots.

While the government says that situation is normalizing in Kandhamal, Christian leader like Dr. John Dayal give a different story.

“While it is possible to visit one half of the district of Kandhamal and discover only peace, it is the other half of the district which speaks of the continuing tyranny,” he said. “The bloodshed has stopped because of belated police action, but the miscarriage of justice and the lost peace continue to haunt thousands of people who have not been able to go back to their homes for fear of their lives. Thousands of children cannot go to school, especially the girls. What is worse is that many girls have been trafficked.”

The district collector banned all Christian organizations from coming to the district to bring aid to victims after the 2008 violence, he added, “and it took an appeal to the Supreme Court of India by the archbishop of Bhubaneswar for much needed relief to be given to the people in the then refugee camps.”

He expressed doubts about the government portrait of normalcy in Kandhamal.

“Even if the church does its best, only half of the 5,600 or so houses burned to the ground will ever be rebuilt,” he said. “The district collector and other officers of the civil and police system who are guilty of gross dereliction of duty continue to be in control. Thousands of men continue to be without jobs. Is this normalcy?”

Firebrand Arrested

On March 20, a controversial leader of the VHP, Praveen Togadia, was arrested as he tried to defy orders prohibiting him from entering Kandhamal. Togadia had played a major role in whipping up passions among the Hindus of Kandhamal after the killing of Saraswati.

Togadia had led a procession with the body of Saraswati through different areas of the district for more than 100 kilometers, sparking off or intensifying violence against Christians.

The government of Orissa came under heavy fire from civil society for allowing the procession, and on the latest occasion the local administration was careful to detain Togadia under the Section 151 of the Code of Criminal Procedure, which provides for authorities to make arrests to prevent potential offenses. Togadia was later released on bail.

Togadia termed the prohibition on his visit a “ban” that was “illegal and undemocratic.” In response to the “ban” on Togadia, the Hindu extremist Sangh Parivar and the BJP protested with a 12-hour bandh (shut down) in Kandhamal on March 20, while the VHP held demonstrations in Bhubaneswar, Berhampur, Bolangir, Sambalpur and Cuttack. VHP also blocked National Highway 217 for one hour and burned an effigy of Chief Minister Patnaik.

“The state government didn’t stop foreign missionaries from going to tribal areas of Kandhamal and other parts of Orissa,” VHP leader Swadesh Pal Gupta said. “They were being provided with full support and freedom. But when a leader who is an International Secretary General of VHP tries to go to Kandhamal, the government stopped him. We are staging a nationwide protest against this.”

Report from Compass Direct News