Thass, sorry I had missed your earlier note.

“What I noticed is the provincial organisations are not allocated neccesary funds or facilities.”

If a provincial administration is elected, then it should collect the funds from the electorate. It should not receive funds from Colombo or other provinces.

“Center is a huge drag on the economy.”

You still did not answer my question- then how come the people do not support devolution?

“Some 100 odd Ministers running around the countryside in SUV’s with back up vehicles. Kudu Karayas and thugs. See what nonsense they talk in parliment.”

So it will be better with 500 odd provincial councillors in their own SUVs? Do they talk better nonsense in the Provincial Councils?

Devolution should be viewed as a tool for efficient management of the country. The communal factor or considerations should be taken out of the equation.

Power sharing on the other hand should involve the minorities , villages, districts and provinces /regions, in governance at the centre and decision making. Here too, the emphasis should be on participatory democracy, rather than on communal identities.

While the majority, in our instance the Sinahalese would have a major say in who or which party governs us, governance should not be majoritarian in nature and approach. What would be good for the citizens, irrespective of their communal identities should be the only consideration in governance. The concerns of identifiable minorities, should be taken into consideration in decision making. Democracy should protect the weak and the vulnerable. It cannot be rule by the bull-doser!

Ultimately, what everything boils down to is good governance. This can be done with even the present constitution, if those in power know what needs to be done and how it should be done. The on-going investments in infra-structure development in the north and east is an example of how things can be done in the right way. This is a huge departure from what the situation was in the pre-Tamil militancy years.

If we can establish the right precedence and acceptable conventions, we may succeed in overcoming our problems in all aspects of governance. The UK has no written constitution, but is an example today of democratic governance. What we need is a government responsive to the needs of all citizens and which has the mechanisms to perceive these needs, before they become a problem.

Dr.Rajasingham Narendran

Dr.Rajasingham Narendran,

You wrote “If there is good, honest and principled governance, we need not seek solutions through devolution, power sharing and constititutional changes.”

As you have pointed out yourself (with which I agree) we do not have principled governance. This means that we have to move in that direction. If the country as a whole does not have principled governance a start should be made at a lower level. So why not start with a province?

To start with a province we should have a constitution that allows it to provide good governance.
I refer you back to my previous post. The current constitutional provisions towards devolution are flawed. These flaws exist because of certain demands that gives rise to mistrust. The flaws are visible within the concurrent list, National Policy and the concentration of executive power in the governor instead of sharing same with the board of ministers.

What are the demands that you identify as leading to this state of affairs?

I believe that we should have devolution and shared power but not at the expense of any citizen being called upon to give up their birthright in favour of another. Equality has to be homogeneous.

I expected Assanga Welikala to fertilise this discussion with his considerable knowledge. It is disappointing to note his absence, from the discussion he himself initiated.

Off the cuff,
“What in your opinion stands in the way of ensuring that every Sri Lankan enjoys their Birthright equitably and equally?”

In my opinion the factors that stand in the way are:
1. Our skewed political culture, where the state has come to be identified with the majority community in the country.
2. Over politicization of all aspects of life and institutions in the country
3. Constitutions with lofty words, but with plenty of loop holes to serve the needs of short-sighted and vicious politicians.
4. Enfeeblement of all institutions including the law enforcment and justice systems.
5. Third rate ,corrupt, violence-prone and self-seeking politicians without any lofty ideals, wisdom and intellectual capabiities/honesty.
6. A third rate and mostly corrupt bureaucracy, which is seldom held to account.
7. The abandonment of the principle of merit and performance as important considerations in public life. Boot licking of politicians has become the most important qualification and is now a fine art in Sri Lanka.
8. A largely sectarian media, without an all encompassing nation building ideal.
9. A failed education system that churns out tens and thousands of ‘non-thinking’, but literate persons
10. Peoples who do not understand the meaning of democracy and without the guts to stand up for what is right.

We are a people in search of impossible and hence elusive solutions to obvious problems. If there is good, honest and principled governance, we need not seek solutions through devolution, power sharing and constititutional changes. I feel that in the absence of the will to correct what is obviously wrong, with the mechanisms at hand, tinkering with the system will not produce the required solutions.

Dr.Rajasingham Narendran

Dear Dr.Rajasingham Narendran,

If a Constitution can be devised that will ensure that every citizen will enjoy Lanka’s resources equally and with equitably, which is their birthright, there would not be any need for a concurrent list.

If National Policy holds the above Birthright as inviolate, then there could not be any valid objection by any PC in falling in line with National Policy.

If the above can be met then there is no need to withhold executive power from the PC Board of Ministers and the powers of the Governor can be limited to ensuring the compliance of the above.

It must be remembered that Parliament represents all citizens of Lanka and not just that of a Province.

What in your opinion stands in the way of ensuring that every Sri Lankan enjoys their Birthright equitably and equally?

1. The Governor: The only person who has direct executive power deriving from the constitution. He is appointed by the President and is his representative. All executive actions are taken in the name of the President. The Governor can exercise his powers directly OR through board of Ministers OR through the officers subordinate to him.

2.Board of Ministers: Aid and advice the Governor in the exercise of his functions.

3. Concurrent list: When parliament desires to pass an Act on a subject in this list it can do so provided however that it would consult the Provincial Councils. Here again, it is not mandatory for Parliament to give effect to the opinions expressed by the Provincial Councils,

4. Provincial Council list: The subjects are considered FULLY DEVOLVED to the Provincisl Councils, SUBJECT to the national policy on each subject. PCs can pass statutes on these subjects. However, if any provision is inconsistent with the provision of any Act of Parliament passed after the 13th amendment, it will be invalid.

Is it possible to redesign the PC system to make devolution meaningful? What is the likelihood of doing so? What are the alternatives?

Dr.Rajasingham Narendran

PS

I would like the people living in Jaffna, Killinochchi, Batticalo, Amapara to have the same facilities, freedom and accessability we enjoy in Colombo and the Suburbs.

This is unquestionably the best thought provoking essay I have read on the subject of the 13th amendment and devolution on GV.

Congratulations and thank you for initiating an inward look at the 13A.

I see another dimension to the problem of devolution in the absence of a concurrent list sans central field pre-emption.

How do we ensure that each citizen has an equal share of the country’s resources?

Let’s look at Fisheries in territorial waters (item 19). We have several Land locked provinces. Can access to fisheries be restricted to these provinces via provincial legislation? It seems possible unless the Central Government has over riding power to establish a balance.

Similarly the land locked provinces in the hill country has almost exclusive control of the rivers that originate within them. Hence they would be able to control Hydro power generation, Irrigation (item 17), Agriculture and Agrarian services (item 8), etc. Could they hold the other provinces to ransom by provincial legislation?

Land is a Scarce Resource (it cannot be created). 85% of Land in Lanka is publicly owned. 54% of that Land is situated in the North and East. How do we ensure equitable distribution of that land amongst the Lankan Citizenry if the provinces have exclusive legislative control over it? This impinges on a wide range of the current concurrent list which depends on the use of land.

Central Funding of any project that falls exclusively within provincial control cannot be justified as that would mean that citizens of other provinces will carry the burden without any benefit accruing to them.

Foreign funds too cannot be used for any project that is within the exclusive control of a province as that would entail passing the burden of debt to those living outside the province.

As we look into devolution and 13A in detail more vexed issues would surface.

I believe that devolution should not compromise the birthright of each citizen to equally benefit from Lanka’s Resources. I believe that the inviolate underlying principle of devolution should be the safeguarding of that birthright.

“Why would the local politicians have contact with people?”

For instance I live in Maharagama. I can meet Shanti Kodikara and solve any problem without much hassle.

“But the provincial bureaucracy does not deliver services. Tell me, if you have children would you send them to a central government school or an underfunded and neglected provincial-run school where the teachers and administrators have little expertise?”

For instance I can visit the Pardeshiya Sabha at Maharagama and get any work done in 10-15 mts. To get your car revenue license it tokk me only 5 mts at the divisional secretariate Maharagama. I had a problem with my neighbour and solved by visiting my area Grama Sevaka.
What I noticed is the provincial organisations are not allocated neccesary funds or facilities. Gramasevaka does not even have a fan in her office.
Have you noticed the number of school vans entering Colombo every day. Why? Because the Central Govt is not allocating enough funds to develop the provincial schools. Who wants to send children to Colombo if there are good schools in their neighbourhood. Schools are there, buildings are their but no facilities, no teachers. Why? Please ask the Minister of Education.

“If it does not do any effective work, then how come the demand for devolution is next to non-existent in Sri Lanka?”

Center is a huge drag on the economy. Some 100 odd Ministers running around the countryside in SUV’s with back up vehicles. Kudu Karayas and thugs. See what nonsense they talk in parliment. Utter waste of taxpayers money.

Dear Thass

“It is better to have local politicians than outsiders who have no contact with people of the area.”

Why would the local politicians have contact with people?

“The bureaucracy at the pheriphery is already in place and is more accessible to the people than the central govt. Employs people of the area and has lesser overheads and costs.”

But the provincial bureaucracy does not deliver services. Tell me, if you have children would you send them to a central government school or an underfunded and neglected provincial-run school where the teachers and administrators have little expertise?

“Does the center do any effective work?”

If it does not do any effective work, then how come the demand for devolution is next to non-existent in Sri Lanka?