Programme on Strengthening the Provincial Council System Outreach Strengthening the Provincial Council System Report of Workshop Deliberations Centre for Policy Alternatives (CPA) May 2008 .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 1 Programme on Strengthening the Provincial Council System Outreach Strengthening the Provincial Council System Edited By: Lionel Guruge ISBN: 978-955-1655-39-6 Published: May 2008 Computer Typesetting: Lithma Graphics Tel: 2708377 Printers: Globe Printing Works Tel: 01-2329739 Publishers: CPA The Centre for Policy Alternatives (CPA) was formed in 1996 in the firm belief that the vital contribution of civil society to the public policy debate is in need of strengthening. Focusing primarily on issues of governance and conflict resolution, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated. CPA is an independent, non-partisan organization which receives funds from international and bilateral funding agencies and foundations. ENQUIRIES: Centre for Policy Alternatives Outreach Unit 24/2, 28th Lane Off Flower Road Colombo 7 Sri Lanka Telephone: 011-2370801-4, Fax: 011-2370802 Email: [email protected] .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 2 Programme on Strengthening the Provincial Council System Outreach CONTENTS PART 1 Acknowledgements Pg 6 CPA Thematic Report Pg 8 1. Introduction Pg 8 2. The Framework for the Devolution of Power under the Thirteenth Amendment Pg 11 2.1 The Rationale for Devolution 2.2 Structural Framework of the Thirteenth Amendment 3. Workshop Deliberations: Major Themes Pg 16 3.1 Constitutional Issues: Distribution of Powers under the Thirteenth Amendment 3.2 Political and Administrative Issues: Culture of Centralisation 3.3 Fiscal and Financial Issues: Structural Flaws and Practical Experience 3.4 Provincial Governance: Structural and Political Issues 3.5 Capacity Problems: Human Resources and Administrative Competence 3.6 Legal Issues: Devolution under the Rule of Law 3.7 Provincial Minorities and Language Policy: Role and Capacity of Provincial Councils 3.8 Provincial Civil Society: Participation, Responsiveness and Accountability 4. Conclusion Pg 28 PART 2 Stage III Provincial Council Common Final Recommendations Pg 28 Final Recommendations of Individual Provincial Councils Pg 35 PART 3 Stage II Group Reports Pg 62 ANNEXURE List of Participants Pg 118 .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 3 Programme on Strengthening the Provincial Council System Outreach .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 4 Programme on Strengthening the Provincial Council System Outreach PART I .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 5 Programme on Strengthening the Provincial Council System Outreach ACKNOWLEDGEMENTS he government has of discussions were held with the undertaken to fully Chief Ministers, other elected Timplement the provisions of representatives, and officials of the Thirteenth Amendment to the the Provincial Councils. Thereafter, Constitution in line with the a series of three-day workshops, interim report of the All Party one for each Provincial Council, Representative Committee followed in which the current (APRC), presenting us with an realities, effectiveness, opportunity to review both the challenges and alternatives were experience of twenty years and the identified. Finally, a final workshop controversies with regard to the bringing together elected Provincial Councils system in Sri representatives and officials from Lanka. all Provincial Councils was convened so as to (a) agree a final The Centre for Policy Alternatives set of common recommendations, (CPA), has consistently held the and (b) to finalise the firm belief that a negotiated recommendations of each political resolution of the ethnic Provincial Council. In addition to conflict is possible through power- the above, CPA also prepared a sharing. While we await more thematic report of issues concrete ideas for constitutional highlighted in workshops. This reform along power-sharing lines publication brings together all of in the future, it was nonetheless these outputs of the programme. felt that it would be useful to take CPA presented a final report on the stock of the operation of the programme on 28th May 2008, at system of devolution under the a 'National Conference on Thirteenth Amendment in view of Strengthening the Provincial the government's policy of its full Council System.' CPA also hopes implementation. The collaboration to make available the findings between CPA and USAID in the generated by the programme and form of the current programme, presented in this publication to all culminating in this publication, political parties, civil society was conceived with this objective organisations, the media, and the in mind. interested public with a view to promoting a wider national The programme itself comprised dialogue on devolution in general three stages. Firstly, initial rounds and on the Provincial Council system in particular. The holding .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 6 Programme on Strengthening the Provincial Council System Outreach of elections to the Eastern Provincial Council, (Attorney at Law), Mr. Asoka Gunawardene which occurred when the workshops in this (Chairman of the Finance Commission), Mr. K. programme were in progress, also added D. S. Ruwanchandra (Director, Ministry of Foreign impetus to the deliberations. Affairs), Prof. Navarathne Bandara, and Mr. Saliya Dharmawardene (Director of the Finance The programme was generously funded by Commission), are also acknowledged with USAID. It was organised and implemented by the appreciation. The tireless efforts of the team at CPA Outreach Unit with the resource support of the CPA Outreach Unit in bringing the other CPA units. We would like to thank Dr. programme to a successful conclusion deserve Paikiasothy Saravanamuttu (Executive Director, special commendation. The immense assistance CPA), for his guidance and expert contributions of the Hon. Dallas Alahapperuma, Minister of to several workshops, and for the expert Transport, in coordinating our efforts with the contributions of Mr. Rohan Edrisinha (Director, President is herewith noted with gratitude. CPA, and head of the Legal & Constitutional Unit), Mr. Pradeep N. Peiris (Head of Social Indicator, An interesting feature of this programme was CPA's opinion research unit), and for his valuable the active participation and contribution of the assistance in the technical production of this university undergraduate community for whom publication, Mr. Joseph Thavaraja (Research a special workshop was held. We also should Officer, Social Indicator). We would also thank mention the contribution of university lecturers Messrs C. Dodawatte, S. Sivagurunathan and to the workshop. Thimbiriyagama Bandara for their large facilitation contribution towards making this The need of the hour is bringing an end to Sri programme a success. We note in particular the Lanka's war and the commitment to politically contribution of Mr. Asanga Welikala (Senior addressing the root causes of conflict. It is my Researcher, Legal & Constitutional Unit) who firm belief that this can be achieved through was not only a resource person at the series of power-sharing and devolution, and that a starting workshops, but also prepared the thematic point for doing so is the full implementation of report comprising Part 1 of this publication on the existing constitutional provisions on behalf of CPA. The expert resource provision devolution. If this opportunity presented to us contributions of Prof. Sumanasiri Liyanage now to resolve the ethnic conflict is not availed (University of Peradeniya), Mr. S. G. Punchihewa of promptly, the consequences would be tragic for Sri Lanka and for all Sri Lankans. Lionel Guruge Coordinator, Outreach Programme Centre for Policy Alternatives .. © Copyright 2008 May Outreach Unit- Centre for Policy Alternatives 7 Programme on Strengthening the Provincial Council System Outreach CPA THEMATIC REPORT 1 INTRODUCTION he Thirteenth Amendment While serious doubts remain as to the Constitution of to whether the Thirteenth T1978, enacted in 1987, Amendment represents a sets out the framework for the realistic or viable framework of devolution of political power devolution that can meet the through a system of Provincial political and constitutional Councils in Sri Lanka. Although challenges of peace and originally designed as a democracy in Sri Lanka, response to meeting Tamil appraising the experience of aspirations to political power in implementing the Provincial the North and East of the island, Council system nonetheless it has not been successful in has value for the lessons it can meeting that objective due to yield, in both ‘fully a variety of political implementing’ the existing circumstances. The system, system, as well as identifying however, has been functioning the type of problems to avoid in the rest of the country for the in designing a future last two decades. framework of power-sharing. Interest in the Thirteenth The CPA-USAID programme of Amendment has been revived workshops was initiated, under the avowed policy of the therefore, as an exercise present government to fully through which the views and implement the devolution experiences of those who have scheme set out therein as an first-hand knowledge of interim