COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN SRI lanKA SRI LANKA SUMMARY Sri Lanka is a unitary democratic republic with three levels of government: national, provincial and local. Local government is enshrined in the 13th amendment to the constitution. The second-tier provincial authorities are governed by the Provincial Councils Act 1987. The main Acts relating to third-tier local authorities are the Urban Councils Ordinance 1939, the Municipal Councils Ordinance 1947 and the Pradeshiya Sabhas Act (No. 15 of 1987). The Ministry of Local Government and Provincial Councils is responsible for policy and legislation at the national level, while the provincial ministers of local government are responsible for the day to day administration and supervision at local level. There are nine second-tier provinces and 341 third-level local government: 24 municipal councils, 41 urban councils and 276 pradeshiya sabhas (village councils). A revision in local government legislation introduced a reserved quota of council seats for women, and after the 2018 local elections, 29.1% of councillors were female, up from 1.9% in 2011. Grants are provided from national government through provincial councils, and local authorities are responsible for the collection of taxes which are delegated and user fees as well as property rates and rents. Provincial councils’ responsibilities include development planning, education, and health and social welfare. Local authorities have responsibility for public health, utility services and rural roads. Pradeshiya sabhas have some additional developmental responsibilities. 1. NATIONAL GOVERNMENT 2.2 Main legislative texts Sri Lanka is a unitary democratic republic The principle laws relating to local with a unicameral parliament.43.1a The authorities are the Urban Councils head of state and head of government Ordinance 1939, the Municipal Councils KEY FACTS is the president, who is directly elected Ordinance 1947 and the Pradeshiya and must secure over 50% of the vote. Sabhas Act (No. 15 of 1987). The following POPULATION (2017 estimate): The president may serve a maximum six amendment Acts passed in 2016/17: 21,444,000 of two five-year terms. Executive power is accorded to the president, who ■■ Local Authorities Elections AREA (UN 2006): may summon, suspend or prorogue a (Amendment ) Act (No. 31 of 2017) 65,610 sq km legislative session. The president appoints ■■ Local Authorities Filling of Vacancies CAPITAL: the prime minister, the leader of the (Special Provisions) (Amendment) Sri Jayawardenapura-Kotte majority party in the parliament. On the Acts (Nos. 34, 35, 36 and 37 of 2014) advice of the prime minister the president ■■ Municipal Council (Amendment) Act CURRENCY: is responsible for the appointment of the (No. 34 of 2014) Sri Lankan rupee (LKR) cabinet from members of parliament. ■■ Urban Council (Amendment) Act (No. HEAD OF STATE AND GOVERNMENT: The parliament consists of 225 members 35 of 2014) President Maithripala Sirisena elected under a modified system of ■■ Pradeshiya Sabha (Amendment) Act proportional representation to serve a (No. 36 of 2014). FORM OF GOVERNMENT: six-year term. Of these 196 are elected democratic republic from multi-member constituencies, with the remaining 29 seats apportioned on 2.3 Recent legislative changes PARLIAMENTARY SYSTEM: the basis of the proportion recieved of Key interventions under taken by the unicameral the national vote and filled by nominees government include: STATE STRUCTURE: of the political parties or independant ■■ Revision of archaic Municipal, Urban unitary groups. To qualify for a seat a party must Councils and Pradeshiya Sabas laws secure 5% of the vote. Following the Sinhala and Tamil (official) enabling them to respond effectively LANGUAGES: 2015 national election, 5.8% of elected to emerging challenges. representatives were women.43.1b NATIONAL ELECTIONS: ■■ Reverting to a ward–based, first past parliamentary: the post/ mixed proportional system last: 2015, turnout: 77.7%; next: 2021 2. LEGAL BASIS FOR coupled with a 25% mandatory quota presidential: LOCAL GOVERNMENT for women. last: 2015, turnout: 81.5%; next: 2020 2.1 Constitutional provisions ■■ Introduction of a rationalised criteria WOMEN IN PARLIAMENT (2015): Local government enshrined in and to create and /or upgrade local 5.8% recognised as subordinate level of authorities, requiring the approval of government under the direct purview of the Cabinet of Ministers PROVINCIAL ELECTIONS: last: 2012, 2013 provicial councils, the 13th amendment ■■ Introduction of a new accounting and 2014 turnout: 67% (2014); next: 2018/19 43.2a to the constitution, which states: system for local authorities based on last: Feb 2018, ‘Local authorities will have the powers internationally accepted standards, LOCAL ELECTIONS: vested in them under existing law, the turnout: ~75%; next: 2022 ■■ An eLocal Government Programme Municipal Councils Ordinance and the to streamline accounting and WOMEN COUNCILLORS (2018): Urban Councils Ordinance. Pradeshiya managerial decision- making 29.1% sabhas will have the powers vested processes within local authorities. in them under existing law. It will be LOCAL GOVERNMENT EXPENDITURE ■■ Incorporation of scientific solid waste open to the provincial council to confer as a percentage of total government management technologies. additional powers on local authorities expenditure 2013/14: but not to take away their powers.’ na www.clgf.org.uk/sri_lanka 227 THE LOCAL GOVERNMENT SYSTEM IN SRI lanKA COUNTRY PROFILE 2017–18 Table 43.1a Distribution of councils and population Local authorities % rural, Provincial councils District Total Population Population including tea Municipal Urban Pradeshiya (2011 Census) (2017 est) estates (2010) councils councils sabhas Central 3 4 6 38 48 2,571,557 2,722,000 89.4 North Western 2 1 3 29 34 2,380,861 2,508,000 95.9 North Central 2 2 0 25 27 1,266,663 1,349,000 96.0 Uva 2 2 1 25 28 1,266,463 1,349,000 94.5 Sabaragamuwa 2 1 3 25 29 1,928,655 2,028,000 94.0 Western 3 7 14 27 48 5,851,130 6,081,000 61.2 Southern 3 3 4 42 49 2,477,285 2,611,000 89.4 Northern 5 1 5 28 34 1,061,315 1,119,000 83.3 Eastern 3 3 5 37 45 1,555,510 1,677,000 74.9 TOTAL 9 25 24 41 276 342 20,359,439 21,444,000 91.8 Source: FSLGA communication with CLGF and 2011 census43.3a and population projection43.3bn 2.4 National urban policy list, specifies the powers reserved citizen participation; responsiveness Whilst there is no comprehensive to national government. List III, the to the needs of local constituencies; national Urban Policy, the Urban concurrent list, outlines the powers efficiency, effectiveness and productivity; Development Authority (UDA) was that may be exercised by the national and the development of a citizens’ established by act no 41 of 1978 with a government or the provincial councils charter. The ministry, supported by the view to promote integrated planning in concurrence with each other. Third- Sri Lanka Institute for Local Governance, and implementation of economic, tier local authorities are vested with is also carrying out capacity and skill- social and physical development of the power to create by-laws passed building programmes for officials and urban areas. Accordingly UDA has been with the approval of the minister and elected representatives. empowered to function as the key urban the parliament/provincial councils. This power-sharing initiative was undertaken planning and implementing agency of 3.3 Council types the country. Furthermore, the Ministry primarily as an alternative to demands In the second tier of government of Megapolis and Western Development for a separate state by the Tamil political there are nine provinces which, for was established in 2015. with its prime parties and militant separatist groups. It administrative purposes, are divided into objective to bring systematic changes was also seen as a measure to enhance 25 districts and 331 divisional secretariats. and development processes into the democratic participation in the process of These secretariats, in most cases, are urban community in Sri Lanka which government by communities and groups. co-terminous with the 341 third-tier local will ensure that the inhabitants of urban authorities made up of 24 municipal areas become a part of socio economic 3.2 Ministerial oversight councils, 41 urban councils and 276 rural development of the country while The Ministry of Local Government and pradeshiya sabhas. With the exception maintaining high levels in quality of life. Provincial Councils (MLGPC) is responsible of the municipal councils’ finance This will pave the way for making Sri for policy and legislation at the national committees, the standing committees Lanka a commercial, naval and aviation level, while the provincial ministers of are not empowered to make decisions hub of Asia. In this context the ministry local government are responsible for without referring to the council. envisages transforming the entire adminstration and supervision at the Western Province into a Megapolis area local level.43.3c The national-level minister 3.3.1 Provincial councils were established by to usher in comprehensive development has powers to create, reconstitute or the 13th amendment to the constitution, within the next five years. The scope of upgrade a local authority based on which mandated the following elements: work under Ministry’s purview would the recommendations of a committee the appointment and powers of the primarily include macro level planning established for these purposes. governor and a board of ministers; the of the western megapolis region based Furthermore, under the three principal council membership, tenure and legislative on creating well-designed, green, clean Acts for local government, the national- power of the councils; and alternative and smart urban settlements in strategic level minister may curtail or extend the arrangements in the event of a failure in the locations of the country with the term of office of the three types of local administrative machinery.