The Constitutional Assembly Secretariat has published a report on the submissions made by Chief Ministers of Provincial Councils (PCs) to its Steering Committee on the working of the Councils. Though heavily censored it gives an idea of the problems within the Provincial Council system, especially as regards centre-periphery relations. To the readers who are constantly bombarded by rhetoric of politicos the report provides an opportunity for a sober reflection and rational discourse.
Many were the complaints against the Finance Commission which now allocates funds to the PCs.
There is no representative of the PCs in the Commission. Funds sent are too meagre and are sent late. There is no rationale in distributing funds, the sole criterion being the population with no consideration for its level of development or poverty as well as geographic and other factors.
Chief Ministers demanded that the Centre discuss with PCs concerning the development of national policies as there are specific issues in their areas. For example, all the major hydro-power resources are located in the Central Provincial Council area. Similarly, the North Central Provincial Council area has 3000 tanks. Incidentally the PC receives only Rs. 75 million which is negligible to repair and renovate the tanks.
Law and Order
In allocating funds for education, the Chief Ministers complained that number of schools and not needs are considered. Also, the existence of National Schools has a negative effect on other schools as parents prefer national schools.
Most Chief Ministers said that simple Law and Order should be a subject under the Chief Minister but an independent Provincial Police Commission should look into transfers and appointments with the concurrence of the IGP.
There were some proposals to do away with the post of Governors wielding executive power. No unelected official should be above the elected representatives of the people, they held. Though the Governor is appointed by the President the latter cannot delegate his powers according to the Constitution, they argued. There was also a request for the Chief Minister to be made responsible to Parliament.
The Chief Ministers expressed their requests for more powers. At the same time, they expressed their agreement to devolve more power to the local government bodies in their areas.
Their submissions showed the potential of the PC system as a means of bringing governance closer to the people. What had paralyzed the system is its lack of financial independence, interference by the centre, duplicity in administration and the non-implementation of the rights granted by the Constitution. The very existence of the PC system for over three decades shows that there is no threat of the country being split into ten parts as alleged by chauvinist forces. It is a figment of their mischievous imagination. It should be recalled here it was a similar fear they expressed against the granting of citizenship to Upcountry Tamils, granting parity of state with Sinhala to Tamil as an official language. Now that upcountry Tamils have received citizenship, Tamil is an official language on par with Sinhala (though much remains to be done in implementation).
Select Committee
Chief Minister of the Central PC who represented all Chief Ministers asked the Select Committee what is the nature and content of devolution that policymakers at the political authority at the centre accept. Ambiguity with regard to devolution is a great hindrance. Very often even the Head of State or political leaders at national level say different and contrary views on devolution. While the SLPP leads an anti-devolution crusade even the SLFP and even some in the UNP keep silent endorsing the criticisms.
They all oppose police and land powers bestowed under the 13th Amendment despite their pledge to uphold the Constitution. It seems now there is no author to the 13th Amendment. It is just like the 19th Amendment no one owns now. (May God save Sri Lanka with Parliamentarians with so short and faulty memories!)
Unless the deficiencies of the PC system are rectified PCs will remain, expensive White Elephants devouring public funds with no tangible gains for the public.
However, prospects for beneficial development are within reach given the commitment of the centre for actual and meaningful devolution.
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