Author: TELO Admin

The recent statements made by President Ranil Wickremesinghe and those attributed to the leaders of the Samagi Jana Balawegaya (SJB) and the Sri Lanka Podujana Peramuna (SLPP) make it clear that the 13th Amendment to the constitution (13A) that devolves some powers to the Provinces has the tacit support of the Sri Lankan political parties notwithstanding overt opposition to it.
In his Special Address to Parliament on August 10, the President stated the reasons for thinking that the 13A is necessary even as he said that the working of the Provincial Councils (PCs) set up under the 13A left much to be desired and suggested changes.

The SJB’s General Secretary Ranjith Madduma Bandara said: “We are in favour of devolution and the 13th Amendment. However, we do not want them to be used as smokescreens to delay elections.” The SLPP General Secretary Sagara Kariyawasam said that for the time being, no “expansion” of the 13A should be attempted because the country is faced with a grave economic crisis. He did not say that 13A should go. In fact, when he was President, SLPP patriarch Mahinda Rajapaksa had said that if he abolished the PCs, those politicians who were demanding abolition would be the first to agitate for its retention!

If 13A exists today, it is not because of India’s pressure but because the Lankan political system finds it useful. President Wickremesinghe said this about the 13A in Parliament: “The Provincial Councils have nurtured skilled political leaders and served as stepping stones to executive and parliamentary roles. Throughout history, numerous individuals who embarked on their political journey as Provincial Council members ascended to positions of power like the executive presidency, premiership, cabinet membership, and other significant roles. Many of the Ministers currently seated in this House have traversed a path from provincial council members to Chief Ministers and beyond. None of the parliamentary political parties advocates for the abolition of Provincial Councils. Representatives from all these parties have engaged with and been part of Provincial Councils.”

“The PCs have become an enduring component that cannot be excised from Sri Lanka’s governmental structure or political landscape,” the President said.

Consensus on the need for 13A was reached by the Steering Committee formed for framing a new constitution during the 2015-2019 Yahapalanaya regime. However, the President stressed the need for the 13A to be implemented “in a manner that aligns with Sri Lanka’s development and future.”
Referring to the drawbacks in the working of the PCs, the president pointed out that the LKR 550 billion spent on them every year, needed to be examined for their rationale. Further, the division of power and authority between the PCs, the central government, and the local bodies lacked clarity. “Subjects overlapped resulting in duplication of efforts and delayed actions.”

Steering Committee’s Recommendations

The interim report of the Steering Committee on a new constitution released in September 2017 recommended (1) Ensuring the participation of PCs in the formulation of national policies concerning matters within the Provincial List; (2) Avoiding transfer of constitutionally decentralized powers from the PCs to the Central Government; (3) Abjuring the practice of taking over the implementation of the National Policy on a Provincial subject.

There were proposals to grant authority to the PCs to provide education-related services at the school level, establish Provincial Boards for Vocational and Technical Training Services and Universities, provide grassroots agricultural innovation services and promote provincial tourism.

The President said that the Industries Act needed to be amended to increase the limit for industries of national importance from LKR 4 million to LKR 250 million. This could be raised to LKR 500 million.

He proposed to establish District Development Councils to chalk out a three-year plan for each provincial council in alignment with the central government’s national policies. Central government development programmes should be customized for each district and execution should be entrusted to the PCs.

There should be a legal framework to enable MPs, PC members and members of Local bodies representing each district to collaborate effectively in this endeavour. The President further said that a committee, led by the Prime Minister, will be established to re-evaluate the List of powers held by the central government, and provincial councils. The concurrent list would also be examined. The President suggested allowing Members of Parliament to contest in provincial council elections.

On the delicate subject of granting police powers to the PCs as per 13A, the President said: “It would be more practical for us to initially focus on reaching consensus concerning other powers. It’s advisable to progress step by step.Prioritizing sensitive matters could potentially hinder the attainment of any mutual agreement.”

EPDP’s Step by Step Reform

The Eelam Peoples’ Democratic Party (EPDP) led by Fisheries Minister Douglas Devananda had submitted a step-by-step approach to the reform of the 13A.

Stage I involves retaking functions taken over by the Centre through executive means in the last 36 years. This could be done through Administrative means. Stage II involves amending (a) certain Acts that were enacted prior to the passing of the 13A so that these are in line with the provisions of the 13A. (b) repealing certain provisions of the Provincial Councils Act No. 42 of 1987 and Transfer of Powers (Divisional Secretaries) Act No. 58 of 1992 to facilitate the smooth functioning of the PCs. These amendments could be done by a simple majority in parliament of those present and voting.

The EPDP cited some cases as examples. Agriculture and Agrarian Services is a Provincial subject. But it was taken over by the Central Agriculture Ministry. That was challenged in the Supreme Court. The Court ruled that “Agrarian Services” is in the Provincial List. And yet, the Central Agriculture Ministry continued to hold on to the subject by changing the name of the Department to “Department of Agrarian Development!”.

The Turnover Tax on wholesale and retail sales is the main revenue earner for the Provinces provided in the 13A. But that tax was done away with, and the Centre began collecting the Value Added Tax (VAT) and sharing a percentage with the Provinces. The PCswere thus deprived of an independent source of revenue.

As per the Constitution, the Finance Commission’s duty is to make recommendations to the President on the principles on which funds should be granted to the Provinces. But in practice, the Finance Commission gives directions as to how the fund should be spent also. This is not the intended function of the Finance Commission.

As per the Provincial Councils Act, No. 42 of 1987, the appointment, transfer, dismissal and disciplinary control of officers of the public service of the Provinces are vested in the Governor of that Province and the Governor, in turn, could delegate that power to the Provincial Public Service Commission. But in defiance of this provision, the Secretary of the Central Health Ministry directly decides all appointments.

On the controversial issue of devolving Police Powers, the EPDP says that the PCs should be permitted to enroll Provincial police personnel for deploying them on duties “without carrying weapons, such as traffic duties, controlling crowds etc.”

Stage III involves Constitutional Provisions that need to be Repealed or Amended. The Centre’s power over National Policy on all Subjects and Functions, including those in the Provincial List, should go. The Concurrent List should also go. The requirement of the Governor’s assent for the statutes passed by the Provincial Council to be done away with. And the Governor should be appointed by the President with the concurrence of the Chief Minister.

Some of EPDP’s suggestions are too radical, but its case that there is a wide measure of agreement on most of its proposals may not be off the mark.

In a recent development, Indian intelligence agencies have issued a stark warning about the potential for ethnic conflict in Sri Lanka. This comes in the wake of rising tensions and concerns over cultural and ethnic clashes in the island nation.

Tamil language newspaper Tamil Mirror’s editorial notes shed light on the troubling events that have led to this dire prediction. Leading up to the final presidential election, Sri Lanka witnessed a wave of anti-Muslim sentiment, marked by false accusations against Muslim individuals and establishments.

The editorial also says;

“These baseless allegations not only sowed mistrust among the Sinhalese population but were later revealed to have been fabricated for political gain, further deepening the divide.

Another significant point of contention has been the installation of Buddha statues and temples in the traditional Tamil provinces of the Northern and Eastern regions. These actions have raised eyebrows and ignited fears of cultural and ethnic provocations, as they are seen by some as a deliberate attempt to incite tensions.

The Indian Intelligence Service’s warning echoes concerns raised about the involvement of the Archaeological Department in facilitating the establishment of temples, which has led to heightened tensions among the Tamil community.

It is essential to note that the Indian Intelligence Service’s previous warnings about the April 2019 Easter bombings in Sri Lanka were tragically accurate, underscoring the gravity of the current situation.

As these tensions continue to escalate in Sri Lanka, it is becoming increasingly vital for the nation to heed these warnings and prioritize unity. Fostering unity will be crucial not only for the stability of Sri Lanka but also for its future prosperity.“

The ferry service between India and Sri Lanka will revive historical maritime ties between the two countries, said Tamil Nadu Minister for Public Works and Minor Ports E. V. Velu.

Speaking at the meeting of coastal states development committee held at Kevadia in Gujarat on Saturday, Velu said the Nagapattinam port in Tamil Nadu was getting ready to offer the ferry service to Sri Lanka.

“To connect India with the world, the external affairs ministry has given green signal for launching a ferry service to Sri Lanka from Tamil Nadu. The ferry service will nurture the cultural ties between the two countries. Apart from increasing the domestic and international tourism, the service will also increase the trade,” Velu said.

While Nagapattinam port is getting ready for the ferry service to Kankesanthurai, discussions to commence a ferry service between Rameswaram and Thalaimannar were also underway, he said.

“The service will revive the historical maritime ties between the two countries that existed till 1980,” he said. Velu then said that a port will be developed in Cuddalore.

Source : Times of India

President Ranil Wickremesinghe announced the development of a novel approach aimed at optimizing the operations of the Local Council, Provincial Council, and Central Government sectors, all geared towards curbing financial inefficiencies. The President directed officials to devise this new mechanism, placing a distinct emphasis on the efficacy of these three entities.

Furthermore, President Wickremesinghe instructed officials to collaborate with Provincial Governors and Chief Secretaries in order to draft a comprehensive report on this matter within a month. These consultations are intended to ensure a well-rounded perspective before formulating the new approach.

These assertions were made during a recent meeting at the Presidential Secretariat, where President Wickremesinghe engaged with Provincial Governors and Chief Secretaries. The purpose of this assembly, held yesterday (17) afternoon, was to deliberate on the forthcoming administrative procedures associated with the provincial council system.

Expressing his views further, the President said;

Today, I’ve gathered all of you to engage in a discussion about the governance framework associated with the empowerment of Provincial Councils. Our focus needs to be on how to progress in this direction while also considering the administrative structure of the central government.

In certain instances, identical services are delivered by the three different tiers of administration: the Local Council, the Provincial Council, and the Central Government. Take, for instance, tasks like drain maintenance, electric pole installation, and road construction. Unfortunately, this redundancy results in significant financial wastage. If this is indeed the case, it becomes imperative to establish a fresh mechanism that centres around the coordination of these three entities.

I have recommended the formulation of a novel system within a month’s time, following consultations with the Provincial Chief Secretaries. This step is crucial since the provincial councils are presently non-operational and bereft of ministers. Consequently, you, the Provincial Governors, hold complete governing authority within the current provincial council system.

The previous year posed considerable challenges for us, an experience I believe we need not relive. As we strive to tackle the economic predicaments of the nation, our efforts must also encompass the restoration of the country’s governance structure.

Of notable significance is that grassroots services are overseen by the provincial councils, while district-level services fall under the purview of the central government. It’s essential that these undertakings progress harmoniously, without competing with each other, as we endeavour to offer these services jointly.

The food security program has now been successfully rolled out across the entire nation. As a result, we are optimistic about a bountiful harvest in the upcoming season. Despite a decrease in the prevalence of malnutrition among the population compared to last year, we mustn’t become complacent.

It’s worth noting that the Aswasuma program played a pivotal role in reducing malnutrition among the citizens of our country. The advantages stemming from the Aswasuma initiative extend beyond mere prosperity.

Given that the parliamentary session will continue until the close of the next year, it’s essential to extend the opportunity for parliamentarians to engage in local government matters. Additionally, plans are underway to establish a dedicated advisory committee that will collaborate closely with the governor.

Simultaneously, we are also addressing the powers of provincial councils as outlined in the 13th Amendment of the constitution. Notably, a special emphasis has been placed on enhancing education, professional training endeavours, and the establishment of new universities in each respective province.

To bolster the growth of the tourism industry, there are intentions to establish tourism boards at the provincial level. It’s also pertinent to mention that numerous programs aimed at incentivizing investors and entrepreneurs are anticipated to be implemented at the provincial level in the future.

Mr. Saman Ekanayake, the Secretary to the President, expressed his anticipation for the backing of the Presidential secretariat in addressing the challenges confronted by Provincial Councils in their interactions with the Central Government.

During the discourse, the provincial governors in attendance conveyed to the President the urgent requirement to promptly fill teacher vacancies within their respective provincial council jurisdictions. They noted the presence of surplus teachers in certain schools, juxtaposed with teacher shortages in others. In response, they sought the implementation of a teacher exchange program to rectify this imbalance.

Highlighting the issue of incomplete two-story buildings constructed under the “the best school is the nearest school” concept, the governors emphasized instances of building deterioration and appealed for the formulation of a suitable program to address this concern.

The governors also drew attention to stalled development projects for which allocations had been designated. Regrettably, the funds for some of these projects were still pending.

In addition to these matters, the Provincial Governors made a request to the President to facilitate opportunities for advancing the tourism industry at the provincial level.