Sugath Kulatunga

( Text of the speech is in ITALICS and the comments are in smaller fonts)

1.… we recently organized an all-party conference, which saw participation from representatives of various political parties, for which I am appreciative.  However, during the conference, we couldn’t arrive at a comprehensive agreement on power devolution.

In the Sinhala speech the term used is vimadyagatha kireema/ which is ‘decentralization.

2.In our region, notable examples from countries such as India and China, as well as in the Western world including the United States of America and Canada, reveal instances of successful power devolution. Even smaller countries like the United Kingdom, Netherlands, and Japan have adopted devolution.

They are large countries where some of the cities have larger population than that of SL.

Small Federations are where presently existing independent units like in the case of Switzerland or historically separate units have come together.

3.For instance, let’s consider China, where ethnic minorities account for less than 9 percent of the population. Despite this, China has granted autonomous powers to these minorities through various administrative entities such as zones, county (korale), and cities.

China is a one-party government, and the unity of the country is ensured by the party.

4. We must explore cases from different nations where national policies have effectively decentralized power. By learning from these experiences, we can identify a suitable system for our own country.

 All modern states have decentralized governance. We are concerned not with decentralization which is a must but inappropriate devolution. The socio-political condition of every country is unique. More important is regional politics in the neighborhood. In the case of Sri Lanka politics of India have influenced the power in SL historically and more so in the recent past where the hegemonic politics if the Gandhi family have been a threat on the territorial integrity and the political scenario of SL.

5. Our annual expenditure on provincial councils amounts to around Rs. 550 billion. Have these councils justified this investment? Has this substantial funding truly benefited the populace? This is a crucial aspect that deserves attention.

That is the very reason that Provincial Councils should be abolished. Other than the Western Province Council the other 8 are financially not viable and each of them have to be subsidized by the Central Government with tax revenue collected from the rest of the country.

6.The division of power and authority between provincial councils, central government, and local governing bodies lacks clarity. Consequently, subjects overlap between provincial councils and the central government, resulting in duplication of efforts and delayed actions. Instead of resolving people’s issues, problems are escalating due to these inefficiencies.

The confusion is inevitable as 13A is a hurried document prepared by two Indian Ministers based on the power sharing scheme between the Center and States of India. But in that outrageous rush 13A has in some cases exceeded the powers enjoyed by the States of India. It is more the reason that 13A has to be abrogated. Please see https://www.lankaweb.com/news/items/2023/01/26/13th-amendment-goes-beyond-the-indian-constitution/

7.Many of the Ministers currently seated in this House have traversed a path from provincial council members to Chief Ministers and beyond.

Many better examples have come from Local Government bodies. There were many more former Mayors as distinguished ministers in the Parliament like N.M. Perera, V.A. Sugathadasa, M.H. Mohamed.

8.During the inception of provincial councils, certain political parties expressed opposition. Some parties chose democratic protests, while others resorted to undemocratic means to voice their dissent.

13A was passed in Parliament in the most undemocratic manner where the Cabinet was bullied to submission by the Indian High Commissioner Dixit and MPs were detained in Hotels to ensure their presence in Parliament. It was a time that the President had the resignation papers of MPs with him. JR threatened to dissolve parliament if it was not passed.

9. An additional aspect demands our attention here. The devolution of power within provincial councils is governed by the 13th Constitutional Amendment, which holds the status of the highest law of our nation. We cannot afford to disregard it. Both the executive and the legislature are obligated to execute its provisions.

This is also the argument bandied by many lawyers who take a simplistic legal view. Constitutions are subject to change. We have had the 21 Amendment to the Constitution. Constitution itself provides for amendments to it at Article 94.

10.What characterizes modern democracies? The establishment of decentralized governance as opposed to devolution. Devolution of power serves to bring political, economic, social, and cultural matters closer to the people. This goal is pursued using diverse methods in different nations across the globe. Decentralization is recognized as a pathway to achieving a form of direct democracy.

This is confusing. President appears to support both Devolution and Decentralization.  In fact, devolution confers power to politicians whereas decentralization shares power with the people.

11.While no governmental system can fully transition to a direct democracy where all citizens gather to make decisions, it’s feasible to construct an institutional framework that facilitates people’s participation and their expression of will in political, economic, and social processes. The provincial council system serves as one such framework that brings power to the people.

People’s participation is best when it is ensured at the lowest level of a democracy where they have the capacity and the competence to participate effectively. This is at the district level, which has also been the existing level of governance. The present District administration can be reinforced with political representation from the present political hierachy. This will eliminate the massive cost of maintaining an unproductive provincial system. The justification of a District Council scheme is discussed at   https://www.lankaweb.com/news/items/2023/02/05/replace-provincial-councils-with-district-councils/

SL Constitution accepts Districts as administrative units and Article 5 of the Constitution state that The territory of the Republic of Sri Lanka shall consist of the 1[twenty-five] administrative districts, the names of which are set out in the First Schedule, and its 2[territorial waters:”

12.I believe our focus should be on devising methods and strategies to further empower the people through provincial councils. By doing so, we can transform provincial councils into institutions that safeguard national unity.

The operation of the PC system during the past in the North and the East has not brought national unity but national discord. It has encouraged separatism.

13. Among these documents is the interim report released on September 21, 2017, by the Steering Committee of the Constitutional Council of Sri Lanka, under my leadership. Importantly, all parties represented within the Parliament endorsed the recommendations outlined in this interim report.

If there was agreement by all parties why were those recommendations no implemented?

14. Furthermore, we’ve recently initiated several other strategies to empower the populace. We’ve bolstered sectoral committees and fostered youth involvement for this purpose.

All these strategies could support District councils as well.

15. The interim report offers recommendations concerning amendments to Articles 3, 4, and 5 of the Constitution. We now bring forward these proposed constitutional amendments for consideration by the Parliament.

Articles 3 of the Constitution deals with the Sovereignty of the People.

Article 3:  In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.

In terms of Article 83 articles 3 cannot be changed without the voting of

not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum.

Article 4 stipulates the manner in which the Sovereignty of the People shall be exercised and enjoyed.

Supreme Court has held that Article 4 has to be read with Article 3. Therefore, restrictions of Article 83 will apply on Article 4 as well.

Article 5 deals with the territory of Sri Lanka which shall consist of the 1[twenty-five] administrative districts.

Please see my comments at para 11 above.

16. The interim report offers recommendations concerning amendments to Articles 3, 4, and 5 of the Constitution. We now bring forward these proposed constitutional amendments for consideration by the Parliament.

1. Ensuring the participation of provincial councils in the formulation of national policies concerning matters within the provincial list.

In formulating National Policy on matters contained in the Provincial List the Central Government shall adopt a participatory process with the Provincial Council;

2. No transfer of decentralized powers to the Central Government through the creation of national policies related to topics within the Provincial List, nor any impact on the executive and administrative powers under the jurisdiction of the Provincial Council.

Formulation of National Policy on a Provincial List matter would not have the effect of the Centre taking over executive or administrative powers with regard to the implementation of the said devolved power;

3. The executive and administrative powers required to enact the decentralized subject will remain under the jurisdiction of the Provincial Councils.

The Province will retain the executive or administrative powers (implementation powers) with regard to the said devolved power;

All these proposals can be implemented in a decentralized DC scheme without constitutional amendments. It is not explained why there is the need for amendment to the entrenched Articles 3 and 4 to implement these proposals.

17. This reinforces the notion that the provincial council has become an enduring component that cannot be excised from Sri Lanka’s governmental structure or political landscape.

Provincial Councils are an festering cancer in the body politics of SL.

18. National unity is upheld by steering provincial councils in the right direction. Simultaneously, it can be confirmed as a more efficient and service-oriented organizational system. It presents a chance to decentralize power, bringing governance closer to the general populace. 

Provincial Councils have proved to be inefficient and distant from the people whereas District Councils are closer to the people and is a better instrument to decentralize power.

19. Therefore, our primary aim should be to develop the provincial council system as an institution that aligns with public needs, caters to public requirements, and contributes to national development.

To pave the way for this, I propose introducing several bills to the Parliament and implementing a series of new measures:

This would allow lack of uniformity across the country in important legislation and development programs where there should be a common ground.

All the measures mentioned above are better done by the Center and implementation delegated to District Councils.

20. On specific proposals: limit will be raised from Rs. 4 million to Rs. 250 million. If this Parliament agrees, we’re ready to elevate it to Rs. 500 million.

This is reasonable for investment by locals but all investments of foreign funds must be approved by the Center and in the case of large investment should be approved by a Parliamentary Committee.

21.Establishment of District Development Councils in Accordance with the 13th Constitutional Amendment Develop a three-year development plan for each provincial council in alignment with central government national policies. Integrate central government development programs into this plan, customized to each jurisdiction. Execute this three-year plan via District Development Councils.

Even in 13A it has been conceded that development plans have to be done and implemented at the district level. This justifies decentralization at the District level.

22.Additionally, formulate a legal framework wherein Members of Parliament, Members of Provincial Councils, and Members of Local Government Bodies representing each district can collaborate effectively in this endeavour

A legal framework for District Councils which describes the structure, the functions and the relationship with the Central Government and the District political framework has to be established. A tentative draft is attached as an annexure.

23. It is my sincere intention to progress without any political motivation, addressing the issues faced by the Tamil people in the North and East, in order to secure a much-needed sustainable national reconciliation in the country. Reconciliation undoubtedly is an indispensable factor for Sri Lanka’s own development. 

It is inconceivable that the President is making such a naïve statement that his intention is free from political motivation. This unholy rush in the face of an economic crisis and desperate attempt to revive a bankrupt and failed country cannot be explained other than by a frantic effort to win Tamil votes in the North and East in an impending Presidential election. Reconciliation undoubtedly is indispensable for development. But reconciliation by capitulation of national interests and alienating the majority community is reckless, selfish and irresponsible.

24. My recent meeting with the Tamil Parliamentarians representing the Northern and Eastern provinces, was premised on this aspect. Subsequent to this meeting, I believe it is important to keep the Members of this august House informed of the matters discussed, as it forms the basis of the proposed trajectory, the Government would seek to pursue in this regard.

In this context, continued action on the relevant issues are envisioned to contribute towards national reconciliation, which I will now seek to outline:

It is unthinkable that the President had discussions with only the Tamil Parliamentarians in the North and East and the matters discussed there forms the basis of the proposed trajectory”He does not care about the wishes of the Muslim and Sinhala community living in the North and East. Well, it is not part of his agenda for votes in a Presidential Election.

The issues he has outlined contributing to national reconciliation are national and not related to Provincial Councils. Out of the issues indicated the Issue j. on National Plan for Archaeology has to be considered carefully as it is a sensitive issue and already the President has issued illegal instructed to the Director of Archeology on the demarcation of an archaeological site. The obliteration of archaeological is an strategy to support the homeland theory. These sites are national sites, and do not belong to a particular community. Some of the kings who established these sites were of foreign origin like Nissanka Mallawa from Kalinga. Most of our ancient Kings had close relationship with South India and it is recorded that Tamil mercenaries were employed to protect even the sacred Tooth Relic.

25. Development Plans for North and East–

This is better done at District level. This has been conceded at para.21 above.

26. I hope that the some of the Hon. Members of the Parliament who continue a misplaced refrain of the Government purportedly selling out the country to a third party, will now constructively understand that no country can progress alone, that too especially in the instance of a nation emerging from an unprecedented economic crisis, as has been the experience of Sri Lanka. 

Members of Parliament and the public are aware of how the President as Prime Minister sold the Hambantota Port for a song. His credibility on selling national assets is questionable.

27. You have my assurance that I will not engage in initiatives inimical to the sovereignty and integrity of this country. In the same manner I urge all of you, for constructive engagement, in our quest for national reconciliation, considering that the interests of the people is the bedrock for our country’s development.

The sovereignty and territorial integrity of this country have been already placed at risk by his party with the Indo Sri Lanka Accord and 13A. The present attempt under a mask of reconciliation may become the match in the powder barrel.

28. In 1977, during President JR Jayawardene’s tenure, our nation experienced remarkable economic progress. Unfortunately, due to the war, that progress was impeded, affecting every citizen profoundly.

Rs Millions & % rate of growth	1977	1978	1979	1980
GDP @ current factor cost prices	27,950 (9.7)	34,432 (23.2)	40,242 (16.9)	49,542 (23.1)
GDP at constant . . (1970) factor cost prices	16,078 (4.2)	17,401. (8.2)	18,501 (6.3)	19,575 (5.8)
G N P per capita Current prices Rs. . .	34,432 (23.2)	40,242 (16.9	49,542 (23.1)	61,807 (24.8)
G N P per capita at Constant 1970 factor cost prices Rs	15,999 (4.3)	17,311 (8.2)	18,389 (6.2)	19,405 (5.5)

According to the information extracted from the Central Bank Report 1980 and given in the Table produced below the results of the open economy of 1977 were not that sensational. Both GDP and per capita growth at constant prices were average after the spurt from 1977 to 1978.

29. Under the presidency of Mahinda Rajapaksa, the war was successfully concluded. It has now been 14 years since the conflict ended. Regrettably, we have not yet managed to address the issues concerning power devolution and provincial councils.

Only Land and Police powers have not been devolved on Provincial Councils. The demand for these powers have come only from the Provincial Councils of the North and the East. They have now upped the ante and demands federal status. One cannot clap with one hand.

30.Amidst previous youth movements and a widespread demand for systemic change, the need for an altered approach was vigorously underscored. A substantial portion of our population is echoing this call for change. Just as in the steps mentioned earlier, we embarked on transformative measures, now we must steer this transformation towards the provincial councils.

The full implementation of 13A was not even dreamt in the demand for system change by the youth. Given the opportunity they will demand power sharing at the lowest level of governance at the District Councils where they can play a positive role. They have no place under 13A.

Annexure -District Councils -A Draft Outline

Sharing of power between the center and the periphery is essential for good governance. Delegation is an important management tool which is sharing of power and not surrendering of power. Power sharing in governance is best done on the universally accepted principle of subsidiarity of delegation to the lowest level of administration which is competent and has the capacity to accept the delegation. In SL this has been the District from British times. The Province lost its importance in administration with the Donoughmore Commission reforms. The 13A which has made the province not only the focal point of administration but the unit of devolved power is a refutation of history. The evil rationale for this was to confirm the homeland theory and to appease Prabhakaran.

It must be noted that Article 5 of the 1978 Constitution identifies the territory of the Republic in terms of districts and not Provinces. Even today, the District administration under the District Secretary and with the instruments of the District Coordination Committee and the District Agriculture Committee provides a critical service. The present District Concil could be strengthened and statutorily established without creating new political and administrative positions to take over the functions of the white elephant Provincial Councils.

It could be a tripartite body of Members of Parliament in the District, representative of the Pradeshiya Sabha and the Heads of Departments in the District. The Chairman of the DC should be elected by the Members of Parliament and the political representatives of the Pradeshiya Sabha. The Chairman will be designated the Commissioner and supervise the functioning of the Departments and agencies of the government in the District through the District Secretary. A District Council will have the power similar to what is enjoyed by Municipal Councils to make regulations and for administrative purposes adopt the system prevailing in the Municipal Councils.

A new law defining the structure and the powers of District Councils should be adopted by the Parliament. This law should avoid creating new posts.

There should be a re- demarcation of Districts only on a population basis where each District has a population of not less than. 500,000.  Some District may have to be joined together to achieve this.

There should be a Metropolitan District directly under the Central government.

It is also proposed that the territory of a Pradeshiya Sabhas (now 246) be reduced and made coterminous with that of an electorate and the Member of Parliament be made the Chairman of the Pradeshiya Sabha. Some Pradeshiya Sabhas have to be consolidated.

Composition with estimated maximum numbers under each category:-

Members of Parliament 10

Chairmen & Secretaries of Pradeshiya sabha 20

Heads of Departments (limited to 10)

Secretary of the DC will be the District secretary.

District Commissioner/ Chairman to be elected by the political representatives.