Full implementation of 13A: Final solution to ‘national problem’ or end of unitary state? – Part VIII

by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

(Part VII of this article appeared on 04 Oct., 2023)

President Ranil Wickremesinghe has not been able to point out any benefit received by the people or any development activity carried out by any of the Provincial Councils for the welfare of the people in their provinces. This is what the President says in this connection:

‘‘Some individuals in our nation label provincial councils as ‘‘white elephants’’ due to these challenges. Yet, amid these limitations, provincial councils have significantly influenced Sri Lanka’s political trajectory. They have nurtured skilled political leaders and served as stepping stones to executive and parliamentary roles. Throughout history, numerous individuals who have embarked on their political journey as provincial council members have ascended to positions of power like executive presidency, premiership, cabinet membership, and other significant roles.’’

Other than nurturing and enriching some local politicians and their families and serving as stepping stones for them to enter national politics, what have the provincial councils done for the benefit of the people in their areas, to improve their living conditions, to address their grievances or to find solutions to their problems? Nothing.

Who are the skilled political leaders nurtured by Provincial Councils? What have they done for the people or the country with their skills and experience gathered at the provincial councils, other than wasting public funds and public property and enriching themselves through various deals? Perhaps, the President may not be able to answer these queries.

Other than from the politicians, there is no demand whatsoever from the people of any Provincial Council area for conducting Provincial Council elections though more than six years have elapsed since their dissolution by law. That is the best proof that the Provincial Councils have not served any useful purpose beneficial to the people in their views.

The Report of the Sub-committee on Centre – Periphery Relations recommends: (a) to do away with the Concurrent List and add the subjects to relevant Lists; (b) to repeal the rubric ‘National Policy on all Subjects and Functions from the Reserved List. (3) All Subjects and Functions not specified in any of the lists (provincial and reserved lists) should be the subject matter of the province;

This Report further states that ‘‘most of the subjects in the Concurrent List are legitimate functions to be in the ‘Provincial List. The existence of Centre Ministries such as Ministry of Rehabilitation, Social Services, Social Welfare, Women and Children, Indigenous Medicine, Disaster Relief and Agriculture has no justification, except under the wrap of Concurrent List and National Policy.

Law and Order and Police Powers: (a) Law and Order has to be the subject matter of the province. (b) Administration of Police should be through an Independent Provincial Police Commission (PPC) as in the Centre. The PPC could work in close collaboration with the National Police Commission on administrative matters. (c) The National Police can handle organized crimes, narcotics, terrorism etc.

The Sub-Committee’s Recommendation on Land Powers: (a) State land within a province should be the subject matter to be handled by the Province; (b) The State Land Commission should consist of equitable number of members representing the interests of the Centre as well as the provinces; (c) No decision of such institution can be imposed on any province without the consent of the representative of such Province.

As to how to give effect to these recommendations, the President has come out with his response in his Address to Parliament thus:

‘‘ I propose introducing several Bills to the Parliament and implementing series of new measures: a. Appointment of Divisional Secretaries.

b. Granting Authority to Provincial Councils for Education-related Services; This involves exercising all powers related to school education listed in Schedule 3 of the Provincial Councils List.

c. Establishment of Provincial Boards for Vocational and Technical Training Services;

d. Empowerment of Provincial Councils to Establish Universities

e. Authorization for Provincial Councils to Provide for Agricultural Innovation and Services.

f. Creation of Provincial Tourism Promotion Boards.

g. Amendment to the Industries Act to increase the limit for industries of national importance, the limit will be raised from Rs. 4 million to Rs. 250 million. If Parliament agrees, ready to elevate it to Rs. 500 million.

h. Establishment of District Development Councils: Develop a three-year Development Plan for each Provincial Council in alignment with Central Govt national policies. Integrate central govt development programs into this plan, customized to each jurisdiction. Execute this three-year plan via District Development Councils and entrust its implementation to Provincial Councils.

Formulate a legal framework wherein MPs, Members of PCs and local govt bodies representing each district can collaborate effectively in this endeavour.

There can be no doubt that the President is planning to give effect to the proposals in the Report of the Sub-committee on Centre – Periphery Relations through this process.

In this speech he has taken care not to mention anything about the Northern and Eastern Provinces or the Tamil national question, so as not to unnecessarily stir up hornets’ nests.

While introducing Bills in Parliament dealing with different subjects where necessary, he may deal with most of the matters through administrative measures using his Executive Power as the President as he has already done in the case of state lands coming under the Departments of Archaeology, Forest and Wild Life.

Though there is no transfer of decentralized powers to the Central Government with the participation of provincial councils in the formulation of national policies on matters within the Provincial List as stated by him, it will certainly result in transferring powers of the Central Government to the provincial councils not only on matters within the Provincial List, but also on matters in the National List.

When this process is completed, Provincial Councils will become fully autonomous bodies effectively exercising all the powers of the Government other than the powers mentioned in the Reserved List exercised by the Central Government.

That is the common dream of Mr. R. Sampanthan shared with the President.

From the speech of the President, one can get an idea about the strategy the President is going to adopt to ensure that he can muster the support of the majority of MPs in Parliament. He proposes to do things, which will, most probably, enable him to muster not only simple majority, but also two thirds majority in Parliament required for bringing about amendments to the Constitution, if the need arises. These are his proposals:

An advisory council to guide the Governors – consisting of Chairman of the Provincial Supervisory Committee, Chairman of the District Development Committee and MPs representing political parties within the Province.

Currently, there are 45 functioning Ministries in the Provincial Councils. Oversight committees can be established for these Ministries with parliamentarians who have no other responsibilities being appointed as their heads.

Let us see how the President’s strategy works to muster the majority support required to bring about revision of laws, including constitutional amendments:

In the present Govt there are 22 Cabinet Ministers and 38 State Ministers.

There will be 25 District Development Councils for the 25 Districts in the country. The Chairman of each District Development Committee will invariably be a Member of Parliament representing the District. These 25 Chairmen of District Development Committees will be entitled to additional perks as those of State Ministers. That was the practice in the District Development Committees functioned in President Jayewardene’s time.

In addition, they will be members of the Advisory Council set up to guide the Governors. All the MPs representing political parties within the Province will also be members of the Advisory Council.

45 Oversight committees will be established for the 45 Provincial Council Ministries with 45 parliamentarians who have no other responsibilities being appointed as their heads. They will be entitled to additional perks as the Heads of the Oversight Committees. This offer of the opportunity of being appointed as the Heads of the Oversight Committees will certainly lure more and more MPs to support these moves.

Moreover, as the real motive of bringing these reforms is hidden and undisclosed, the Chief Ministers and Members of the Provincial Councils in the other seven Provinces will undoubtedly bring pressure on their parties to support these moves. The President is well aware of this.

Following the revision of these laws concerning PCs and enactment of new laws, PC Elections Act to be amended.

Then the Northern and Eastern Provinces will be merged through a resolution passed by Parliament to that effect, the Provincial Council Elections will be held, and the North – East Provincial Council can start its march towards its final goal of establishing the State of Tamil Eelam with international support.

Unless the people see through this diabolical scheme and rise up openly against it compelling their political leaders and MPs to come forward to defeat it, that will open the gates for the ending of Sri Lanka as a unitary state.

Inevitable Outcome of Granting 13+ – Establishment of Separate State of Tamil Ealam with International Support

President Wickremesinghe talks of finding a final solution to the Tamil People’s problem acceptable to them, of providing a solution to the Tamil national problem satisfactory to the Tamil People, and addressing the grievances of the People in the North and the East for meaningful devolution of power. If President Wickremesinghe honestly thinks that he can bring about national unity, national reconciliation among Sinhala and Tamil communities by acceding to the demands of Tamil political parties, he must be living in a fool’s paradise.

It is common knowledge that the majority of Tamil people in Sri Lanka live not in the Northern and the Eastern Provinces, but in the other seven Provinces. Outside the North and the East, thousands of Tamil People live with the Sinhala People with amity and friendship, working in cooperation and understanding. There is no discord or racial clashes among them.

Thousands of Sinhala people visit Hindu Kovils during the Vel festival. They gather on road sides making offerings to Vel Perahera. During the Kataragama festival season thousands of Tamil Hindu pilgrims engage in their annual walk from the North to Kataragama across Sinhala areas. They are well received and treated by Sinhala People.

Hundreds of Sinhala Buddhist pilgrims visit Nagadeepa Temple. They well received by Tamil People. There is no discrimination. The main problem is lack of proper communication due to language barriers. If this barrier is overcome, it will not be difficult to bring about real national unity, harmony and national reconciliation among the Sinhala and Tamil People.

In this connection, I can cite my own experience of an effort that I made to bring this issue to the attention of Authorities as I think it is relevant. In 2003 and 2004, I conducted four orientation programmes for the Army and Police officers in Jaffna and Kankesanthurai Divisions on human rights and international humanitarian law at the request of UNHCR.

Dr. Laksiri Fernando of Colombo University, S. G. Puchihewa and Nimal Punchihewa, former President of the Elections Commission, participated with me in conducting these programs. We were staying in Jaffna Social Centre and they had got down three young girls to prepare food for us. I talked to them and they told us that they were jobless graduates from Sabaragamuwa University, as they had no jobs they were engaging in that type of work and that there were many others like them.

(To be concluded)