Domestic Solutions For Domestic

Problems: Lessons From John Kerrys

Visit

By Lionel Guruge

The arrival of United States Secretary of State

John Kerry ignited mixed reactions from the Sri Lankan public. President Maithripala Sirisena
echoed his supporters sentiments when he considered this visit as one that will revive Sri
Lankas development by re-establishing ties between the United States and Sri Lanka.
However, those on the opposite spectrum of politics were wary of his visit, perceiving it as a
western or foreign threat aimed at destroying the national sovereignty of the nation.
Whatever his reasons for visiting Sri Lanka, or the potential benefits of his venture, the
observations John Kerry made regarding the prevailing situation in Sri Lanka were noteworthy.
He stated that Sri Lanka was in urgent need of a panacea for reconciliation. He further stated
that this issue is an internal one, compounded by many contributing factors, and thus needs an
internal mechanism and thorough discussion to remedy it. In that spirit he stated that it is not
the intention of the United States to engage directly in this reconciliation process but to provide
any necessary technical assistance based on Sri Lankas call.

To the TNA, the political party representing the interests of the Tamil community, his advice
was to work in unison with the present government to find a domestic solution based on
national consensus. These sentiments proved that the Secretary of State has been quite
observant and had critically thought of the situation in Sri Lanka and steps needed to be taken
going forward.
One significant area that had not been given the consideration it deserves since the end of the
war was national reconciliation and building a national identity for Sri Lankans. It has now
been 28 years since Provincial Councils were legally established around the ssland under the
13th Amendment, edging now on its third decade of existence. In commemoration of their
20th year, all Provincial Councils around the island gathered in a momentous and historic
occasion to discuss in length the issues they face and created a report addressed to the central
government as to what they proposed would be remedies to their issues, and this writer had the
honor and privilege of assisting them. An excerpt of this report is provided below:
PROVINCIAL COUNCIL COMMON FINAL RECOMMENDATIONS
TWENTY YEARS OF EXPERIENCE: ISSUES & ALTERNATIVES
Constitutional Issues
ISSUES:
Non-implementation of powers devolved on Provincial Councils by the Thirteenth Amendment
1. Concurrent List
2. Replication
3. Need for Attorney Generals advice / approval on provincial legislation
ALTERNATIVES:
Transfer and fully implement powers devolved on Provincial Councils
A Memorandum of Understanding in respect of devolution until constitutional amendments
and statutory changes are introduced
Abolition of central government ministries which replicate the functions of Provincial
Councils
Administrative Issues
ISSUES:
1. Central government consent is required for provincial level recruitment and appointments.
2. Removal of Divisional Secretariats
3. Central government circulars on functions that have been devolved on Provincial Councils
without consultation or consent
ALTERNATIVES:
Chief Ministers to be made legal members of the central Cabinet of Ministers
A Legal Department to be established for each Provincial Council
Appointment of more officials and ministers required for Provincial Councils through full
implementation of Thirteenth Amendment and the Concurrent List functions.
Converting the offices of Chairperson and Deputy Chairperson of Provincial Councils to the
provincial Speaker and Deputy Speaker, respectively.
Standardising criteria for the recruitment of officials and making required appointments of
each province through the respective Provincial Public Service Commissions.

 Bringing Provincial Council Management Services under a Director.

Devolving powers over the transfer and location within provinces of seconded officials from
the national administrative service.
The central government should not intervene in functions devolved on the provinces.
Financial Issues
ISSUES:
Powers are vested with Provincial Councils for the provision of public goods and services.
However, the corresponding powers to generate income and taxation revenue have not been
devolved. Therefore an alternative framework for financing the Provincial Councils needs to be
devised.
Functions of the Finance Commission
No provincial representation in the Finance Commission.
The Finance Commission is unable to enforce recommendations based on provincial needs
and preferences.
The central Treasury subjects Finance Commission recommendations in respect of
provincial allocations to cuts.
Provincial Council allocations as recommended by the Finance Commission are not released
on time by the central Treasury.
Limitations on Provincial Council tax raising powers.
Lack of Provincial Council powers to attract foreign aid and loans.
No national policy on funding Provincial Councils.
ALTERNATIVES:
Annual financial allocations to be made as a single block grant.
Funds allocated to Provincial Councils should not be re-allocated to line ministries of the
central government replicating devolved functions.
Establishing a Finance Commission that is accountable to both the central government and
the Provincial Councils. It should have provincial representation.
Vesting adequate tax raising powers to each province so that provincial fiscal policy can be
determined according to provincial needs.
Provincial Councils should have full powers over the implementation of foreign-funded
projects.
Foreign funds to be directly allocated to Provincial Councils with the concurrence of the
central government.
Policy-making function on subjects to be strictly divided between provincial and national
spheres.
Source Strengthening the Provincial Councils System; by Centre for Policy Alternatives, 2008
However, it is rather disappointing to note that at the very least the fundamental issues faced by
the most active Provincial Councils have not even been discussed let alone addressed by the
Central government. This is a classic example of how power has not been appropriately
devolved. Suffice to say, the present government as well as all governments predating them
have, by default, abetted the slow and natural death of Provincial Councils in Sri Lanka.

Perhaps now would be the most advantageous time to spare some critical thought into this
phenomenon and view its implications in a far broader manner than it has been previously
conceived. As important as it is to foster ties with our international allies, it should not be for
their benefit that we look into this matter but for the benefit of our fellow people; and in this
regard, the present government as well as any other government that follows has an imperative
responsibility to respond to this without paying heed to a handful of civil society that stand in
the way of true reconciliation.
The most prominent matter in need of attention when discussing Provincial Councils is the
Concurrent list. In the attempt to provide equal value to both central and provincial level
politics, much of its efficacy has been lost. As vital as it was to pass the 19 th Amendment, the
curbing of executive powers of the president does nothing for the equal devolution of powers to
all tiers of governance in Sri Lanka. The Provincial Councils were established for the purpose
of assisting and representing the citizenry from the bottom up, and in this regard it is imperative
that they be given due consideration failing which the lay citizen will have nothing to fall back
on.
More than a year has passed since the establishment of Provincial Councils (PC) in the North
and the East. However, we must agree that the political system in those areas function at a
district level. The issues faced in the Northern and Eastern provinces are distinctive to those
areas and are not transmitted adequately to national levels. Therefore the best course of action
is for PCs in those areas to take the maximum advantage of the powers provided to them by the
13th Amendment and construct a plan that is sensitive to the needs, development, and culture of
those citizens, by way of statutes and regulations.
PC members in the North and East themselves are unsure of the powers vested in them and
instead request greater police powers and finances when they already have the means to
enforce all this without requesting them from the central government. The unfortunate result of
this is a state of ambiguity within Provincial Council members regarding the powers vested
with them and what powers are beyond their jurisdiction. By educating themselves about their
powers and jurisdiction, they can then enter a meaningful debate about the powers they are not
entitled to and the causes for such an event. It is evident however that dispersion of power
throughout the nation has not been conducted accurately and it is currently in a state where
absolute power is absorbed mainly by the Central Government.
The reason for this discussion is because if one was to divert attention to other districts beyond
the North and East provinces, they will find a different political structure. Whereas Provincial
Councils in the North and East provinces conduct provincial level politics, other provinces
work on a more national level, due to the representation of political parties. In these provinces
the power of provincial councils was championed by leading political parties such as the UNP,
UPFA or SLFP. As these were the leading political parties of the nation, their work was aligned
mainly with objectives on a national level and therefore overlooked provincial level politics.
The status quo that prevails as a result of this is a clear discrepancy between provincial councils
in the North and East provinces and other provinces, and the unfortunate victims of this
inevitably becomes the villagers in these provinces. Another byproduct of this inconsistency is
that provincial level government services have had to play second fiddle to central government

services, which by law of the Concurrent list should not be occurring.

Therefore the most urgent recommendation that can be made in this regard is for the current
government in power or whatever government is elected in the upcoming elections pay special
attention to this serious lack of accurate implementation of the Concurrent list. Politicians
should not be awakened to this reality only when Western or Indian allies pay a visit; if
politicians are to serve this nation with pure intentions they must first resolve the internal issues
Sri Lanka faces primarily with national interests and the interests of its people at heart before
they appease international interests. This must take place without succumbing to pressures from
pockets of civil society collectives that allow their personal prejudice and discriminatory ideals
to govern their policy recommendations.
The North and East provincial councils on many occasions have received recommendations
(via lobbying efforts) that are detrimental to building unity and trust amongst the people in the
North and South; the pressure applied to bring an international Human Rights commission into
the country was one such example of topics that will harm national unity and trust between
diverse groups of Sri Lankans. Instead of exhausting our efforts on such ventures, we must
work towards an understanding between the citizens of the North and South that the issues
people face in these areas are different to theirs and therefore build a more compassionate and
understanding citizenry aimed at assisting one another.
The leading political parties in Sri Lanka must be more mindful of this fact and apply more
time and effort into fostering this understanding. It is true that people with national and ethnic
motivations exist in both the North and the South and their sentiments are sometimes viewed to
be injurious to national unity; as much as they have been given a broad platform to voice their
opinions it is now time for political parties to also give its alternative view an equal platform.
In this regard the greatest succor at a time like this is for the central government to be wary of
this fact and distribute power into levels of governance in a more meaningful way. The end
result of all this and what the government must always strive to achieve is the dismantling of
the myth that Sri Lanka is two separate nations and that all factors that contributed to terrorism
in the past has been done away with.
The devolution of power as stated in the Concurrent list is a national requirement; no politician
may escape it. With every election, every government that succeeds the other will have to face
this reality and provide for all its citizens without discrimination. Whatever name is used to
refer to this system; be it federal system or even the rose revolution, the importance lies not in
its terminology but its effectiveness. The citizens of Sri Lanka must have unity to face the rest
of the world, and in order for this to occur we must all understand this raw reality and work for
our betterment instead of waiting for international actors such as John Kerry to remind us.
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