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| STRENG
PRO\
CNTRE FOR POLICY ALTERNATIVES විකල්ප ප්‍රතිපත්ති කේන්ද්‍රය

THENING THE /INCIAL OUNCIL
SYSTEM
REPORT OF WORKSHOP DELIBERATIONS
KE ইষ্ট
GEN
矫 S
Uk$ FROM THE AMERICANPEOPLE

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Strengthening the Provincial Council System
Report of Workshop Delibera
Centre for Policy Alternatives
May 2008
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© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Strengthening the Provincial Council System
ort of Workshop Deliberations
tre for Policy Alternatives (CPA)
May 2008
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Strengthening the Provincial Council System Edited By: Lionel Guruge ISBN: 978-955-1655-39-6
Published: May 2008
Computer Typesetting: Lithma Graphics Tel: 2708377 Printers: Globe Printing Works Tel: 01-2329739 Publishers: CPA
The Centre for Policy Alternatives (CPA) was formed in 199 vital contribution of civil society to the public policy debate strengthening. Focusing primarily on issues of governance CPA is committed to programmes of research and advoca policy is critiqued, alternatives identified and disseminated non-partisan organization which receives funds from interna agencies and foundations.
ENQUIRIES: Centre for Policy Alternatives Outreach Unit 24/2, 28th Lane Off Flower Road Colombo 7 Sri Lanka
Telephone: 011-2370801-4, Fax: 011-2370802 Email: lionel@cpalanka.org
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incial Council System
Graphics Tel: 2708377 Tel: 01-2329739
es (CPA) was formed in 1996 in the firm belief that the
to the public policy debate is in need of ily on issues of governance and conflict resolution, es of research and advocacy through which public identified and disseminated. CPA is an independent,
receives funds from international and bilateral funding
: 011-2370802
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C
ONTENTS PART 1
Acknowledgements Pg 6
CPA Thematic Report Pg 8
1. Introduction Pg 8 2. The Framework for the Devo Thirteenth Amendment Pg 11 2.1 The Rationale for Devolu 2.2 Structural Framework of t
3. Workshop Deliberations: Maj 3.1 Constitutional Issues: Dist
Thirteenth Amendment 3.2 Political and Administrativ
Centralisation 3.3 Fiscal and Financial Issues:
Practical Experience 3.4 Provincial Governance: St 3.5 Capacity Problems: Huma Administrative Competen 3.6 Legal Issues: Devolution u 3.7 Provincial Minorities and L Capacity of Provincial Cou 3.8 Provincial Civil Society: P and Accountability 4. Conclusion Pg 28 PART 2
Stage III Provincial Council Common Final Recomm Final Recommendations of Individual Provi
PART 3
Stage II Group Reports Pg 62
ANNEXURE
List of Participants Pg 118
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C
ONTENTS
Pg 6
rt Pg 8
ction Pg 8 mework for the Devolution of Power under the nth Amendment Pg 11 he Rationale for Devolution tructural Framework of the Thirteenth Amendment
op Deliberations: Major Themes Pg 16 onstitutional Issues: Distribution of Powers under the hirteenth Amendment olitical and Administrative Issues: Culture of
entralisation iscal and Financial Issues: Structural Flaws and ractical Experience rovincial Governance: Structural and Political Issues apacity Problems: Human Resources and dministrative Competence egal Issues: Devolution under the Rule of Law rovincial Minorities and Language Policy: Role and apacity of Provincial Councils rovincial Civil Society: Participation, Responsiveness nd Accountability
ion Pg 28
ommon Final Recommendations Pg 28
ons of Individual Provincial Councils Pg 35
rts Pg 62
Pg 118
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A
CKNOWLEDGEMENTS
T
undertaken implement he government to the provisions has fully of the Thirteenth Amendment to the Constitution in line with the interim report of the All Party Representative Committee (APRC), presenting us with an opportunity to review both the experience of twenty years and the controversies with regard to the Provincial Councils system in Sri Lanka.
of discussion Chief Minist representati the Provincial a series of th one for each followed in realities, challenges an identified. Fin bringing t representativ all Provinc convened so The Centre for Policy Alternatives (CPA), has consistently held the firm belief that a negotiated political resolution of the ethnic conflict is possible through power- sharing. While we await more concrete ideas for constitutional reform along power-sharing lines in the future, it was nonetheless felt that it would be useful to take stock of the operation of the system of devolution under the Thirteenth Amendment in view of the government's policy of its full implementation. The collaboration between CPA and USAID in the form of the current programme, culminating in this publication, was conceived with this objective in mind.
set of commo and (b) recommend Provincial Co the above, C thematic r highlighted publication b these output CPA presente programme o a 'Nationa Strengtheni Council Syste to make ava generated by presented in political pa organisations interested pu promoting The programme itself comprised three stages. Firstly, initial rounds
dialogue on d and on the system in pa
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A
CKNOWLEDGEMENTS
T
t has fully visions of ent to the ith the All Party mmittee with an both the rs and the rd to the em in Sri
of discussions were held with the Chief Ministers, other elected representatives, and officials of the Provincial Councils. Thereafter, a series of three-day workshops, one for each Provincial Council, followed in which the current realities, effectiveness, challenges and alternatives were identified. Finally, a final workshop bringing together elected representatives and officials from all Provincial Councils was convened so as to (a) agree a final ernatives held the gotiated he ethnic h power- ait more titutional ring lines netheless ul to take n of the nder the in view of of its full aboration ID in the gramme, lication, objective
set of common recommendations, and (b) to finalise the recommendations of each Provincial Council. In addition to the above, CPA also prepared a thematic report of issues highlighted in workshops. This publication brings together all of these outputs of the programme. CPA presented a final report on the programme on 28th May 2008, at a 'National Conference on Strengthening the Provincial Council System.' CPA also hopes to make available the findings generated by the programme and presented in this publication to all political parties, civil society organisations, the media, and the interested public with a view to promoting a wider national omprised al rounds
dialogue on devolution in general and on the Provincial Council system in particular. The holding
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of elections to the Eastern Provincial Council, which occurred when the workshops in this programme were in progress, also added impetus to the deliberations.
The programme was generously funded by USAID. It was organised and implemented by the CPA Outreach Unit with the resource support of other CPA units. We would like to thank Dr. Paikiasothy Saravanamuttu (Executive Director, CPA), for his guidance and expert contributions to several workshops, and for the expert contributions of Mr. Rohan Edrisinha (Director, CPA, and head of the Legal & Constitutional Unit), Mr. Pradeep N. Peiris (Head of Social Indicator, CPA's opinion research unit), and for his valuable assistance in the technical production of this publication, Mr. Joseph Thavaraja (Research Officer, Social Indicator). We would also thank Messrs C. Dodawatte, S. Sivagurunathan and Thimbiriyagama Bandara for their large facilitation contribution towards making this programme a success. We note in particular the contribution of Mr. Asanga Welikala (Senior Researcher, Legal & Constitutional Unit) who was not only a resource person at the series of workshops, but also prepared the thematic report comprising Part 1 of this publication on behalf of CPA. The expert resource provision contributions of Prof. Sumanasiri Liyanage (University of Peradeniya), Mr. S. G. Punchihewa
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(Attorney (Chairman D. S. Ruwa Affairs), Pr Dharmaw Commissi appreciati the CPA programm special com of the Ho Transport, President
An interes the active university a special w mention th to the wor
The need Lanka's wa addressing firm belie power-sha point for d the exist devolution now to res of prompt for Sri Lan
Lionel Gur
Coordinato Centre for
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cial Council, hops in this also added
funded by ented by the e support of o thank Dr. ive Director, ontributions the expert ha (Director, utional Unit), ial Indicator, his valuable ction of this a (Research d also thank nathan and their large making this articular the kala (Senior l Unit) who the series of e thematic blication on ce provision iri Liyanage Punchihewa
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Lionel Guruge
Coordinator, Outreach Programme Centre for Policy Alternatives
(Attorney at Law), Mr. Asoka Gunawardene (Chairman of the Finance Commission), Mr. K. D. S. Ruwanchandra (Director, Ministry of Foreign Affairs), Prof. Navarathne Bandara, and Mr. Saliya Dharmawardene (Director of the Finance Commission), are also acknowledged with appreciation. The tireless efforts of the team at the CPA Outreach Unit in bringing the programme to a successful conclusion deserve special commendation. The immense assistance of the Hon. Dallas Alahapperuma, Minister of Transport, in coordinating our efforts with the President is herewith noted with gratitude.
An interesting feature of this programme was the active participation and contribution of the university undergraduate community for whom a special workshop was held. We also should mention the contribution of university lecturers to the workshop.
The need of the hour is bringing an end to Sri Lanka's war and the commitment to politically addressing the root causes of conflict. It is my firm belief that this can be achieved through power-sharing and devolution, and that a starting point for doing so is the full implementation of the existing constitutional provisions on devolution. If this opportunity presented to us now to resolve the ethnic conflict is not availed of promptly, the consequences would be tragic for Sri Lanka and for all Sri Lankans.
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CPA T
HEMATIC
R
EPORT
1 INTRODUCTION T
he Thirteenth Amendmen to the Constitution o 1978, enacted in 1987 sets out the framework for th devolution of political powe through a system of Provincia Councils in Sri Lanka. Although originally designed as response to meeting Tam aspirations to political power in the North and East of the island it has not been successful i meeting that objective due t a variety of politica circumstances. The system however, has been functionin in the rest of the country for th last two decades.
Interest in the Thirteent Amendment has been revive under the avowed policy of th present government to full implement the devolutio scheme set out therein as a interim measure, until suc time as the All Part Representatives Committe (APRC) is to report on mor substantial proposals fo power-sharing in the future.
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CPA T
HEMATIC
R
EPORT
CTION T
to 1978, he Thirteenth the enacted Constitution Amendment in 1987, of
While serious doubts remain as to whether the Thirteenth Amendment represents a out the framework for the
realistic or viable framework of lution of political power
devolution that can meet the ugh a system of Provincial
political and constitutional cils in Sri Lanka. Although
challenges of peace and inally designed as a
democracy in Sri Lanka, onse to meeting Tamil
appraising the experience of ations to political power in
implementing the Provincial orth and East of the island,
Council system nonetheless s not been successful in
has value for the lessons it can ting that objective due to
yield, in both ‘fully variety of political
implementing’ the existing mstances. The system,
system, as well as identifying ever, has been functioning
the type of problems to avoid e rest of the country for the
in designing a future two decades.
framework of power-sharing.
rest in the Thirteenth
The CPA-USAID programme of ndment has been revived
workshops was initiated, r the avowed policy of the
therefore, as an exercise ent government to fully
through which the views and ement the devolution
experiences of those who have me set out therein as an
first-hand knowledge of rim measure, until such
implementing the system could as the All Party
be brought to light and collated esentatives Committee
in a systematic manner so as C) is to report on more
to be of use to policy-makers tantial proposals for
and constitutional reformers as er-sharing in the future.
well as the general public. The programme itself was organised under three stages.
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In the initial Stage I, a team from the CPA Outreach Unit visited each Provincial Council (except the Northern Province) with a view to meeting key officials and seeking their participation and preliminary views on the programme. Stage II comprised workshops for each Provincial Council, held at various locations throughout the country, in which its officials could identify the challenges facing that province as well as solutions to those challenges considered most appropriate to that province. These workshops were facilitated by the CPA Outreach Unit, and were resourced by other CPA units including the Executive Director, the Legal & Constitutional Unit, and CPA’s opinion survey unit, the Social Indicator. In addition, a number of resource persons from outside CPA contributed to these workshops as well. The output of these Stage II workshops was produced through group work and plenary sessions. The group work presentations are reproduced without alteration in Part 3 of this publication. Stage III consisted of a single workshop, again facilitated by the CPA Outreach Unit, in which representatives from all Provincial Councils participated. This final workshop produced a common document containing the final recommendations of all provinces with regard to strengthening the Provincial Council system, together with a brief introduction to the recommendations. It also
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produced separate docume containing the f recommendations of individ provinces. Both sets of f recommendations are enti the work of provincial offic These are reproduced with alteration in Part 2 of publication. Moreover, it felt that a thematic rep drawing together the sal issues emerging out of deliberations of all workshops in the program would be useful, in additio the recommendations of Provincial Councils themsel CPA accordingly undertoo prepare this report.
The present thematic rep which represents Part 1 of publication, seeks to pres the challenges – identi through the structu discussions at the worksho organised according to bro eight main themes t emerged. The report does discuss every matter significance that highlighted in the worksh as explained above, these reproduced in an ea reference matrix format in P 2 and 3 of the publication. report instead focuses on more salient issues t evidently characterised experiences of nearly provinces. Moreover, the re is not strictly restricted to w was formally reported in gro work sessions of workshops. It also refle insights gained through plen discussions, question answer sessions, and infor dialogues with participa
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oduced separate documents ntaining the final commendations of individual rovinces. Both sets of final commendations are entirely e work of provincial officials. ese are reproduced without lteration in Part 2 of this ublication. Moreover, it was lt that a thematic report rawing together the salient sues emerging out of the eliberations of all the orkshops in the programme ould be useful, in addition to e recommendations of the ovincial Councils themselves. A accordingly undertook to epare this report.
e present thematic report, hich represents Part 1 of this ublication, seeks to present e challenges – identified rough the structured scussions at the workshops – ganised according to broadly ight main themes that erged. The report does not iscuss every matter of gnificance that was ghlighted in the workshops: explained above, these are produced in an easy- ference matrix format in Parts and 3 of the publication. The port instead focuses on the ore salient issues that vidently characterised the xperiences of nearly all ovinces. Moreover, the report not strictly restricted to what as formally reported in group- ork sessions of the orkshops. It also reflects sights gained through plenary iscussions, question and swer sessions, and informal ialogues with participants,
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and contains conclusion drawn from these exchanges a well as CPA’s pre-existin institutional knowledge.
In Section 2, the report contain a brief introduction to th
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contains conclusions n from these exchanges as as CPA’s pre-existing utional knowledge.
ction 2, the report contains ief introduction to the
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Thirteenth Amendment framework to contextualise the thematic discussion to follow in Section 3. It concludes with a set of brief conclusions in Section 4.

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2 THE FRAMEWORK FOR DEVOLUTION OF POWER UNDER THE THIRTEENTH AMENDMENT
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he purpose of this sec is to set the context for thematic presentation the more salient id generated at the works series in Section 3, by provid a brief introduction to Thirteenth Amendment. Twe years after its enactment, w the workshop series achieved is a system appraisal of the Thirtee Amendment from perspective primarily of th who are most closely invo with its implementation practice: elected administrative officials Provincial Councils. T exercise yielded a plethor insights into the failings opportunities presented by particular scheme of devolu from the practition perspective. Yet it is a important to revisit how rationale for devolution established as a polit question and how its le expression in the form of Thirteenth Amendment ca about. This is critical t broader understanding of issues pertaining to ongoing public debate
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E FRAMEWORK FOR LUTION OF POWER DER THE THIRTEENTH AMENDMENT T
is thematic he to purpose set the presentation context of this section for the of
power-sharing, means well of conflict as both as a resolution as greater e more salient ideas
democratisation. nerated at the workshop ries in Section 3, by providing
Critics of the Thirteenth brief introduction to the
Amendment and their basic irteenth Amendment. Twenty
arguments can be broadly ars after its enactment, what
divided into two. Those who e workshop series has
are opposed to power-sharing hieved is a systematic
and devolution as a means of praisal of the Thirteenth
responding to ethno-territorial mendment from the
claims to political power, would rspective primarily of those
point to the fundamental ho are most closely involved
illegitimacy of the political and ith its implementation and
legal process through which the ractice: elected and
constitutional amendment was ministrative officials of
made. Factors such as India’s rovincial Councils. This
assertive role in what is seen ercise yielded a plethora of
as essentially an internal sights into the failings and
problem of terrorism, the portunities presented by this
illegitimacy of the rticular scheme of devolution
overwhelming parliamentary om the practitioners’
majority of the government in erspective. Yet it is also
1987 (gained through the portant to revisit how the
referendum of 1982) which tionale for devolution was
enabled constitutional stablished as a political
amendment with comparative uestion and how its legal
ease, and the manner of its use pression in the form of the
against equally overwhelming irteenth Amendment came
political opposition from within out. This is critical to a
the Sinhala polity are adduced oader understanding of the
in this regard. And once the sues pertaining to the
Thirteenth Amendment became ngoing public debate on
a fait accompli, a well-known
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argument from this perspectiv has been the view tha Provincial Councils are a hotbe of corruption and an expensiv folly which have no reasonabl justification for their existenc except as a repository for faile politicians: euphemistically, th ‘Sudu Aliya’ or white elephan argument.
From the opposite end of th ideological spectrum are thos who would argue that th Thirteenth Amendmen framework, anchored in th centralised unitary state an shot through with interna contradictions and incoherenc with the broader constitution instrument, is both a inadequate as well as a unworkable legal framework According to this viewpoin devolution and regiona autonomy must be meaningfu and protected from constan central incursion if it is at all t serve as a principle o managing diversity an pluralism within a united state They would argue therefor that for power-sharing t succeed, the fundamenta anomaly of the unitary state on which the Thirteent Amendment is grounded, mus itself be addressed with a view to radical reformulation. In th final political analysis, thes critics would point out that th Thirteenth Amendment ha manifestly failed in its mai purpose and chief rationale that of the peaceful sharing o power with the Tamil-speakin peoples of the North and Eas
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ment from this perspective been the view that incial Councils are a hotbed rruption and an expensive which have no reasonable fication for their existence pt as a repository for failed icians: euphemistically, the u Aliya’ or white elephant ment.
the opposite end of the logical spectrum are those would argue that the teenth Amendment ework, anchored in the ralised unitary state and t through with internal radictions and incoherence the broader constitutional rument, is both an equate as well as an orkable legal framework. rding to this viewpoint, olution and regional nomy must be meaningful protected from constant ral incursion if it is at all to e as a principle of aging diversity and alism within a united state. y would argue therefore for power-sharing to eed, the fundamental maly of the unitary state, which the Thirteenth ndment is grounded, must f be addressed with a view dical reformulation. In the l political analysis, these cs would point out that the teenth Amendment had ifestly failed in its main ose and chief rationale: of the peaceful sharing of er with the Tamil-speaking ples of the North and East.
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A third category of perspective on the Thirteenth Amendment and indeed on any other form of power-sharing premised on the unity of Sri Lanka, is of course that of the actors within the Tamil polity, exemplified by the LTTE, which would reject even a more robust form of power-sharing or devolution due to their commitment to the establishment of a separate state in the North and East.
It is not the purpose of the present exercise to examine these questions, although of course, it should be no cause for surprise that a discussion of the merits, flaws and experiences of implementing the Thirteenth Amendment intrudes into broader debates on power-sharing and democratisation in Sri Lanka.
2.1 The Rationale for Devolution
The ethnic, cultural and religious diversity of Sri Lankan society has always been the source of political contestation about the constitutional form of the state. Generally in our post- independence history, the majority Sinhalese community has favoured democracy in the form of a unitary state that would enable it to control the state through its greater numbers. Conversely, the numerically smaller Tamil community was apprehensive about domination by the Sinhala majority, and have therefore sought constitutional forms in which their interests

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could be protected. These demands have found articulation in ideas for power- sharing at the centre (for example through equal representation in the national legislature), federalism, and during the 1970s and 80s in demands for secession and the establishment of a separate state. By the 1980s these political tensions had descended into violent ethnic conflict and civil war. Also by this time, because the escalation in the ethnic conflict in Sri Lanka had begun to assume geo-political significance, the regional superpower India had begun to play an active if ambiguous role, in which at various times it gave limited support to Tamil separatism as a means of keeping the Sri Lankan state in check, as also it attempted to facilitate a constitutional settlement within a united Sri Lanka between the government and the Tamil nationalist groups.
The latter kind of Indian intervention had led to various initiatives aimed at arriving at a negotiated settlement throughout the 1980s especially after the events of Black July 1983, a highpoint of which were the Indian- facilitated talks at Thimpu in 1985. The culmination of Indian efforts at persuading the parties to the Sri Lankan conflict to agree a solution was the Indo-Lanka Accord of August 1987.
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The objects of the Accord w
1. The preservation of
unity, sovereignty territorial integrity o Lanka
2. The nurturing of distinct cultural linguistic identity each ethnic gro within the framewo a multi-ethnic an multi-lingual pl society, where citizens can live equality, safety harmony, and pros and fulfil t aspirations
3. The recognition of Northern and Eas Provinces as area historical habitatio Sri Lankan Ta speaking peoples
The Accord proposed institutional framework loo modelled on the Indian sche of quasi-federalism, to incorporated by constituti amendment, to implem these objectives. This resu in the Thirteenth Amendm to the Constitution of 19 which established a schem devolution through Provin Councils.
2.2 Structural Framew of the Thirtee Amendment
Due to the entrenched uni character and hig
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he objects of the Accord were:
1. The preservation of the unity, sovereignty and territorial integrity of Sri Lanka
2. The nurturing of the distinct cultural and linguistic identity of each ethnic group, within the framework of a multi-ethnic and a multi-lingual plural society, where all citizens can live in equality, safety and harmony, and prosper and fulfil their aspirations
3. The recognition of the Northern and Eastern Provinces as areas of historical habitation of Sri Lankan Tamil speaking peoples
he Accord proposed an stitutional framework loosely odelled on the Indian scheme f quasi-federalism, to be corporated by constitutional mendment, to implement ese objectives. This resulted the Thirteenth Amendment the Constitution of 1978, hich established a scheme of evolution through Provincial ouncils.
.2 Structural Framework f the Thirteenth mendment
ue to the entrenched unitary haracter and highly
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centralised nature of the Sr Lankan state established b the Constitution of 1978, th constitutional framework int which devolution was sought t be introduced was highl restrictive and served, a subsequent experience show in Section 3, to undermin meaningful devolution. In th view of the majority of judge of the Supreme Court, in the I re the Thirteenth Amendmen case (1987) 2 SLR 312 Provincial Councils wer subordinate bodies to th central Parliament and th President, the establishment o which affected neither th legislative supremacy of th central Parliament nor it capacity to unilaterally revok devolution. The judges in th majority felt that it was onl through giving the concept o the unitary state this highl restrictive and technica definition that the Thirteent Amendment Bill could b reconciled with the entrenche Article 2 of the constitutio declaring Sri Lanka to be unitary state. The statutor framework underlying an elaborating on the Thirteent Amendment (Provincia Councils Act No. 42 of 1987 a amended) has necessarily bee similarly restrictive. Thi clearly reflects the politica bureaucratic, and judicia mindset of extreme misgiving and even hostility toward devolution, arising out of th lack of a genuine socia consensus on the real need an justification for devolution.
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ralised nature of the Sri an state established by Constitution of 1978, the titutional framework into h devolution was sought to introduced was highly rictive and served, as equent experience shows ection 3, to undermine ningful devolution. In the of the majority of judges e Supreme Court, in the In e Thirteenth Amendment (1987) 2 SLR 312, incial Councils were rdinate bodies to the ral Parliament and the ident, the establishment of h affected neither the lative supremacy of the ral Parliament nor its city to unilaterally revoke lution. The judges in the rity felt that it was only ugh giving the concept of unitary state this highly rictive and technical ition that the Thirteenth ndment Bill could be nciled with the entrenched le 2 of the constitution aring Sri Lanka to be a ary state. The statutory ework underlying and orating on the Thirteenth ndment (Provincial cils Act No. 42 of 1987 as nded) has necessarily been larly restrictive. This rly reflects the political, aucratic, and judicial set of extreme misgivings even hostility towards lution, arising out of the of a genuine social ensus on the real need and fication for devolution.
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The territorial unit of devolution was the province, of which there are nine in Sri Lanka. In terms of the Accord, however, there was a political undertaking that the Northern and Eastern Provinces would be ‘merged’ so as to meet a key demand of Tamil nationalists. This was effected through a presidential order subject to a referendum in the Eastern Province, to determine whether the residents of that province continued to consent to being merged with the Northern Province. Until 2006, this referendum was annually postponed. In 2006, in the case of Jayantha Wijesekera and Others v. Attorney General and Others (2006) SC (FR) App. Nos. 243/06, 244/06, 245/06, 16th October 2006, the Supreme Court held that the presidential order originally merging the Northern and Eastern Provinces was invalid, thereby effectively ‘de-merging’ the two. In May 2008, elections were held for the Eastern Provincial Council.
Legislative and executive power was devolved to eight Provincial Councils, elected on proportional representation. The executive powers of a Provincial Council are vested in its Governor, appointed by the President, but the Governor is obliged to exercise those powers in accordance with the advice of the Chief Minister, except in certain specific circumstances. The Governor appoints as Chief Minister, the leader of the party with the largest representation in the Provincial Council. The

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provincial Board of Ministers is comprised of four Ministers and the Chief Minister. Provincial financial powers are also vested in the Governor.
Competences are allocated along three lists of subjects: the Provincial Council List, the Reserved List of exclusive central competence, and a Concurrent List. Central legislation has prevalence over provincial legislation on any matter in the Concurrent List, and the Reserved List empowers the centre to
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severely undermine devolu by the provision enabling formulate ‘national policy all subjects including th devolved. Residual pow were vested in the centre.
The Thirteenth Amendm established a High Court each Province exercis original, appellate revisionary jurisdiction criminal matters. They a have power to issue preroga writs in respect of any ma under the Provincial Cou List.
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verely undermine devolution the provision enabling it to rmulate ‘national policy’ on l subjects including those evolved. Residual powers ere vested in the centre.
e Thirteenth Amendment tablished a High Court for ach Province exercising riginal, appellate and visionary jurisdiction in iminal matters. They also ve power to issue prerogative rits in respect of any matter nder the Provincial Council st.
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3 WORKSHOP DELIBERATIONS: MAJOR THEMES
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n the structured deliberation of the workshop series participants wer encouraged to identif challenges, and possibl solutions to those challenge and alternatives, arising out o their practical experience from the provincial perspective o implementing the framework o devolution under the Thirteent Amendment. They were als asked to identify whom the saw as the agents of chang with regard to implementin the solutions they had propose in addressing those challenges
In the mass of ideas and issue that emerged from thi exercise, there was a natura diversity of views amon provinces based on such factor as regional disparities o economic development relative poverty and prosperity population, demography an ethnic composition; regiona needs and preferences; polic challenges and priorities political relationships with th central government; and th
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OP DELIBERATIONS: MAJOR THEMES
I
he rticipants the structured workshop deliberations series, were
sectoral configuration economy.
and industrial of each provincial
uraged to identify lenges, and possible
However, what was more ions to those challenges
noteworthy was the broad alternatives, arising out of
commonality of issues that practical experience from
were identified as challenges provincial perspective of
(and, indeed, solutions) to menting the framework of
successful devolution by very lution under the Thirteenth
different provinces. This wide ndment. They were also
set of policy issues that seem d to identify whom they
to confront every province as the agents of change
regardless of their regional regard to implementing
differences can be thematically olutions they had proposed
presented as the following: dressing those challenges.
e mass of ideas and issues emerged from this cise, there was a natural rsity of views among
¶ Constitutional Issues: Distribution of Powers under the Thirteenth Amendment
inces based on such factors egional disparities of omic development; ive poverty and prosperity; lation, demography and
¶ Political and
Administrative Issues: Culture of Centralisation
ic composition; regional s and preferences; policy lenges and priorities; ical relationships with the ral government; and the
¶ Fiscal and Financial
Issues: Structural Flaws and Practical Experience
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¶ Provincial
Governance: Structural and Political Issues
¶ Capacity Problems: Human Resources and Administrative Competence
¶ Legal Issues:
Devolution under the Rule of Law
¶ Provincial Minorities and Language Policy: Role and Capacity of Provincial Councils
¶ Provincial Civil
Society: Participation, Responsiveness and Accountability
Overarching and crosscutting these sub-themes are two intimately connected major themes. Firstly, many of them concern structural implications of the particular constitutional framework for devolution set out in the Thirteenth Amendment. Thus while a concern about the Concurrent List is clearly a constitutional issue at the heart of the devolution schema, so are concerns about the financial and administrative practices that have developed under and around that schema. Secondly, political and bureaucratic practices as well as judicial attitudes pervasively influence the way structures established by the constitution are given meaning. Thus an official
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culture that encoura centralisation could underm a constitutional framework devolution regardless drafters’ intentions, and reverse is also true, wher even centralised institutio structures may in prac operate in a hig decentralised manner under influence of an official cul and public expectations t favour decentralisation. Th two themes apply to each of sets of issues that have b clustered under the sub-the above, and which are discus in the sections to follow.
3.1 Constitutional Issu Distribution of Pow under the Thirtee Amendment
As discussed before, one of principal fetters to meanin devolution is that the Thirtee Amendment operates under restrictive framework of entrenched unitary state. aspect of this is Article 76 of the constitution which h that the national Parliam shall not abdicate or in manner alienate its legisla power, and that it shall not up any other authority w legislative power. It was poin out that this does not se consistent with Article 15 which provides for the l making authority of Provin Councils. Operating wit these constraints, and narrow view of devolution ta by the majority of Supre Court judges in the In Thirteenth Amendment cas
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lture that encourages ntralisation could undermine constitutional framework for evolution regardless of rafters’ intentions, and the verse is also true, whereby en centralised institutional ructures may in practice perate in a highly centralised manner under the fluence of an official culture d public expectations that vour decentralisation. These o themes apply to each of the ts of issues that have been ustered under the sub-themes ove, and which are discussed the sections to follow.
1 Constitutional Issues: Distribution of Powers under the Thirteenth Amendment
s discussed before, one of the incipal fetters to meaningful volution is that the Thirteenth mendment operates under the strictive framework of an trenched unitary state. An pect of this is Article 76 (1) the constitution which holds at the national Parliament all not abdicate or in any anner alienate its legislative wer, and that it shall not set p any other authority with gislative power. It was pointed ut that this does not seem nsistent with Article 154G, hich provides for the law- aking authority of Provincial ouncils. Operating within ese constraints, and the rrow view of devolution taken y the majority of Supreme ourt judges in the In re irteenth Amendment case so
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as to interpret the Thirteent Amendment as bein consistent with the unitar state, the exercise of powers b the Provincial Councils start of with a constitutional ambiguity which can only be resolved i case of conflict in favour of th centre. There was also the view that the exceedingly powerfu executive presidency under th 1978 Constitution tha centralises executive authorit (and patronage distributio opportunities) was inimical to a coherent system o devolution.
The Concurrent List was see as a major impediment t devolution and provincia autonomy. Notwithstanding th provisions of the constitution seeking to ensure that th legislative and executive powe over the subjects enumerate in the Concurrent List are to b shared between the centre an the provinces, other provision of the constitution (for exampl Article 76, and mor specifically Article 154G whic gives pre-eminence to nationa legislation over provincia statutes) as well as the centra government’s practice over tw decades with regard to th exercise of concurrent power have meant that Provincia Councils are unable to enjo those powers meaningfully.
Among many examples of th abuse of the Concurrent List that of the subject of educatio stands out. Item 3 of th Provincial List establishe ‘Education and Educationa Services’ as a provincial subjec
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interpret the Thirteenth ndment as being istent with the unitary , the exercise of powers by rovincial Councils start off a constitutional ambiguity, h can only be resolved in of conflict in favour of the re. There was also the view the exceedingly powerful utive presidency under the Constitution that ralises executive authority patronage distribution rtunities) was inimical to coherent system of
lution.
Concurrent List was seen major impediment to lution and provincial nomy. Notwithstanding the isions of the constitution ing to ensure that the lative and executive power the subjects enumerated e Concurrent List are to be ed between the centre and rovinces, other provisions e constitution (for example le 76, and more ifically Article 154G which pre-eminence to national lation over provincial tes) as well as the central rnment’s practice over two des with regard to the cise of concurrent powers meant that Provincial cils are unable to enjoy e powers meaningfully.
ng many examples of the e of the Concurrent List, of the subject of education ds out. Item 3 of the incial List establishes cation and Educational ices’ as a provincial subject
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to the extent set out in Appendix III of the Provincial List. Items 2 and 3 of the Concurrent List provide that ‘Education and Educational Services’ is also a concurrent subject. However, while these provisions also state that ‘Education’ is concurrent only to the extent allowed by the Provincial List, Appendix III of that list which elaborates ‘Education’ states that ‘the provision of facilities for all State schools other than specified schools’ will be a provincial subject. ‘Specified Schools’ are described to mean ‘National Schools’ (among others). There is no definition of what constitutes a ‘National School’, requiring central government control. However, the result has been that the central government has often used these provisions to takeover State schools from the purview of Provincial Councils, without consultation, notice or any objective justification.
Other subjects in which provincial powers have been similarly usurped relate to hospitals, agrarian services, waters resources, mining and minerals, as well as politically significant development projects such as, in the present, Maga Neguma, Gama Neguma, Nagenahira Navodaya, and Dasadahasak Wev programmes which impinge on a range of provincial jurisdictions.
Likewise, even though certain judicial powers are devolved through the establishment of

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Provincial High Courts by Article 154P, the subsequently established Commercial High Court at Colombo with jurisdiction over cases above a prescribed financial value and the power vested in the Chief Justice to transfer cases between Provincial High Courts also violate the devolution principle.
Closely allied to the structural defects of the Concurrent List is the item in the Reserved List entitled ‘National Policy on all Subjects and Functions’, which empowers the central government with unrestricted legislative and executive authority even over subjects which are devolved on the provinces, and which is therefore wholly inconsistent with the principle of devolution. For example, this provision has been invoked by the central Parliament in amending the law governing agrarian services through the Agrarian Services Act No. 4 of 1991 in a manner detrimental to devolution, and in enacting the National Transport Commission Act No. 37 of 1991, which was clearly contrary to the powers over surface transport vested by the Thirteenth Amendment in the Provincial Councils.
In addition to these two specific features, the general lack of constitutional clarity about the division of subjects and powers under the Thirteenth Amendment was also pointed out. This resulted in conflicts over responsibilities, powers and resources, in replication of
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services, in political frict between national provincial elected offic (members of the natio Parliament in particular view Provincial Councils encroaching on their sphe and an attitude at the cen which paid no respect provincial statutes and po making. Given the polit culture favour centralisation, these dispu were generally resolved favour of central instituti and national-level politicia The consequences have b that provinces are inhibi from securing their pow morale and initiative provincial officials politicians have been damag and provincial autono thereby undermined.
Another issue of constitutio significance was in relation the local government tier. It felt that the distribution powers between the natio provincial and local tiers imprecise and unclear, and direct administrative, finan and political centre-lo relations was detrimental to autonomy of the provin level. The situation is furt compounded by the Divisio Secretaries system (in effec extension of presiden power) whereby the cen government directly acts at local level, without recours Provincial Councils. By Transfer of Powers, Divisio Secretaries Act No. 58 of 19 these officials perfo administrative functions wi the territory of the province
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rvices, in political friction tween national and ovincial elected officials embers of the national rliament in particular viewing ovincial Councils as croaching on their sphere), d an attitude at the centre hich paid no respect for ovincial statutes and policy- aking. Given the political lture favouring ntralisation, these disputes ere generally resolved in vour of central institutions d national-level politicians. e consequences have been at provinces are inhibited om securing their powers, orale and initiative of ovincial officials and liticians have been damaged, d provincial autonomy ereby undermined.
other issue of constitutional gnificance was in relation to e local government tier. It was lt that the distribution of wers between the national, ovincial and local tiers was precise and unclear, and that rect administrative, financial d political centre-local lations was detrimental to the tonomy of the provincial vel. The situation is further mpounded by the Divisional cretaries system (in effect an tension of presidential wer) whereby the central vernment directly acts at the cal level, without recourse to ovincial Councils. By the ansfer of Powers, Divisional cretaries Act No. 58 of 1992, ese officials perform ministrative functions within e territory of the province but
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without control or supervisio by provincial authorities.
Finally, even in instances o constitutional amendmen when presumably attention t the text of the constitution more focussed than usual, it doubtful that Parliament pay much regard to safeguardin devolution. For example, th establishment of th independent National Polic Commission by th Seventeenth Amendment wa arguably an instance in whic the procedure laid down i Article 154G (3) should hav been followed and the views o the Provincial Council ascertained, because this wa a matter that affected th police powers as provided in th Provincial List (Appendix I). Th was not done in the case of th Seventeenth Amendment.
3.2 Political an Administrative Issues: Cultur of Centralisation
Reinforcing the structura weaknesses with regard t devolution in the constitutiona framework is a pervasiv official culture of centralisation which is practiced by politician and civil servants as well a courts at the national level. I addition to the reclaiming o devolved powers through th Concurrent List and th National Policy clause, and th courts’ tendency in general t favour the centre, a number o other features were highlighte which served to undermine th autonomy of the provinces.
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out control or supervision rovincial authorities.
lly, even in instances of stitutional amendment, n presumably attention to text of the constitution is e focussed than usual, it is tful that Parliament pays h regard to safeguarding lution. For example, the blishment of the pendent National Police mission by the nteenth Amendment was ably an instance in which procedure laid down in le 154G (3) should have followed and the views of Provincial Councils rtained, because this was atter that affected the e powers as provided in the incial List (Appendix I). This not done in the case of the nteenth Amendment.
Political and inistrative Issues: Culture entralisation
forcing the structural knesses with regard to lution in the constitutional ework is a pervasive ial culture of centralisation, h is practiced by politicians civil servants as well as ts at the national level. In tion to the reclaiming of lved powers through the current List and the onal Policy clause, and the ts’ tendency in general to ur the centre, a number of r features were highlighted h served to undermine the nomy of the provinces.
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Generally there was an absence of consultation and co-ordination with the provinces in central interventions over a broad field of public administration and legislation, even where these clearly implicated devolved functions and powers. Apart from legislative action, even in administrative decision- making, this attitude was prevalent with national civil servants often dismissive of the needs, preferences and views of the provinces. This was evinced in particular in the directives of the central Management Services Board and in the disciplinary control of seconded officers where the centre acted without regard to provincial wishes. Circulars of the central Ministry of Public Administration often had no understanding of provincial conditions and requirements, and also had the effect of enlarging the jurisdiction of central line ministries through the instrument of administrative circulars. The impact of these circulars on devolution generally escaped parliamentary scrutiny and rarely subject to judicial review.
A connected issue was the structural organisation of the executive branch at the centre, which in the case of ministries was entirely at the political discretion of the President. Thus for example the gazetted subjects of the present Ministry of Nation-building squarely violates provincial autonomy over devolved subjects. The creation of new central

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departments, as in the case of the River Basin Authority, has been done either heedless of provincial autonomy and ignorance of the Provincial List, or deliberately to reclaim devolved powers for the centre. Similarly, central government in general took charge of the implementation and execution of large foreign-funded development projects, regardless of whether the provinces had the jurisdiction and capacity to undertake their implementation. Likewise, politically significant special programmes such as Maga Neguma, Gama Neguma, Nagenahira Navodaya, and Dasadahasak Wev. The political dimension of this is that national-level politicians in particular could then claim the credit for these projects. This was an important aspect in the perpetuation of the political culture of centralisation through the democratic logic of electoral politics. Another significant factor was the organisational structure and culture within political parties. These were heavily leadership- centric, influence and patronage-based, and quite apart from effective intra-party democracy, had little regard for internal organisation in a way that reflected and promoted the constitutional framework for devolution through the provinces. The provincial level is more generally seen as a stepping-stone to national politics, rather than a focus of political ambition in itself. Consequently, there is a perception of inferiority or
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inadequacy at the provin level, talent gravitates to centre, and there is little pu expectation or confidenc provincial institutions. same is true with regard to ethos of the civil service.
In this context, even the lim extent of (and structur flawed) devolution envisa by the Thirteenth Amendm has been difficult to rea with a glaring dispa between what is provide the text of the constitution how those provisions are in implemented.
3.3 Fiscal and Finan Issues: Structural Flaws Practical Experience
From the provincial perspec a principal source widespread criticism of Thirteenth Amendment with regard to its fiscal financial framework. It was invariable experience o provinces that this partic framework of financ devolution was b structurally inadequate an practice untenable for meaningful notion of provin autonomy.
The constitutional framew severely limits the reven raising capacity of Provin Councils. Together with limited tax-raising po vested in the provinces are limitations placed on reve collection, on obtaining lo and investment, and seeking, or at le administering, proje
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adequacy at the provincial vel, talent gravitates to the ntre, and there is little public xpectation or confidence in rovincial institutions. The me is true with regard to the thos of the civil service.
this context, even the limited xtent of (and structurally awed) devolution envisaged y the Thirteenth Amendment as been difficult to realise, ith a glaring disparity etween what is provided in e text of the constitution and ow those provisions are in fact
plemented.
.3 Fiscal and Financial sues: Structural Flaws and ractical Experience
om the provincial perspective, principal source of idespread criticism of the hirteenth Amendment was ith regard to its fiscal and nancial framework. It was the variable experience of all rovinces that this particular amework of financing evolution was both ructurally inadequate and in ractice untenable for any eaningful notion of provincial tonomy.
he constitutional framework verely limits the revenue- ising capacity of Provincial ouncils. Together with the mited tax-raising power sted in the provinces are the itations placed on revenue llection, on obtaining loans nd investment, and on eking, or at least dministering, projects
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financed by foreign aid an investment. The constitutio does not specify adequately th means and modalities throug which the structural vertica imbalance created by th vesting of expenditur responsibilities (i.e., subjects i the Provincial List) without th necessary revenue-raisin powers for provinces is to b redressed. The dependency o central grants can only b justified if an effective system is in place to ensure tha provinces are provided wit adequate resources by th centre so as to fully discharg their expenditur responsibilities. This seem never to be the case, an provinces perpetually face financial crisis whereby eve recurrent expenditures canno be fully met within the financi year. Provinces have very littl powers over taking financia decisions on provincia imperatives (including saving and investment), a situatio that is exacerbated by th Governor (a presidentia appointee) being vested wit unusually broad powers i relation to provincial finance which makes the Governor aki to the finance minister of th province.
Informally, the administrativ practices that have develope around this flawed an impractical framework hav served to further eviscerate th financial wellbeing o Provincial Councils and thereb to deny meaningful devolution The limited statutory power o variation of tax ratio (ove
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nced by foreign aid and stment. The constitution not specify adequately the ns and modalities through ch the structural vertical alance created by the ing of expenditure onsibilities (i.e., subjects in Provincial List) without the essary revenue-raising ers for provinces is to be essed. The dependency on tral grants can only be fied if an effective system place to ensure that inces are provided with quate resources by the re so as to fully discharge r expenditure onsibilities. This seems er to be the case, and inces perpetually face a ncial crisis whereby even rrent expenditures cannot lly met within the financial . Provinces have very little ers over taking financial isions on provincial eratives (including savings investment), a situation is exacerbated by the ernor (a presidential ointee) being vested with sually broad powers in tion to provincial finance, h makes the Governor akin e finance minister of the ince.
rmally, the administrative tices that have developed nd this flawed and ractical framework have ed to further eviscerate the ncial wellbeing of incial Councils and thereby ny meaningful devolution. limited statutory power of ation of tax ratio (over
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minor taxes) allowed the provinces has been further restricted by the central Treasury. Moreover, the Treasury has consistently taken the position that the recommendations of the Finance Commission are merely directory and not mandatory, with the result that it invariably releases less funds than are recommended by the Finance Commission to the provinces. The Treasury also holds back a percentage from the eventual disbursements as a financial services charge. There are also instances where allocated funds are not released, and on occasion discontinued mid-term.
Financial provision for local government bodies has also become unduly complicated because of the variation of established funding arrangements. It was argued that the Provincial List clearly provided for provincial supervision over local government authorities, but that the centre’s financing conditionalities had the effect of undermining the provincial role.
It was also generally felt that the Finance Commission was insufficiently attentive to the financial needs of the provinces, that the provinces had neither representation nor access to the Commission, that it was unable to prevail over the dictates of the central Treasury over the interests of the provinces, and that it had not generally given sufficient

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attention to the wide economic disparities between provinces. The Finance Commission, it was felt, needs to be reconstituted to have provincial representation, to have more powers over enforcing its recommendations, and to better execute its equalisation mandate in addressing wide economic and developmental disparities between provinces (i.e., horizontal imbalances).
The corrosive effect of inadequate or unprincipled financing arrangements is that they impair provincial service delivery, leading to the erosion of public confidence in what are constitutionally established democratic institutions. This was a major challenge that had to be faced. Even if no further measure of devolution other than what is contemplated under the Thirteenth Amendment is proposed, even this scheme of devolution was destined to complete failure because of the bad and impractical financial arrangements.
3.4 P r o v i n c i a l Governance: Structural and Political Issues
The deliberations also generated critical focus on political and administrative practices within the constitutional arrangements established for the provinces by the Thirteenth Amendment.
Of the structural features of provincial governance, the role of the Governor in relation to
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finance genera considerable comment, wi preponderance of opinio favour of these powers b transferred from the Gove (who is a presiden appointee enjoined by Ar 154F (2) to act according to President’s instructions) to elected member of Provincial Council. A furt point was with regard to at the political level, provin administration concentrated in the hand the Chief Minister and Boar Ministers with little role other members. In this resp it was also felt that restriction of the Board Ministers to five member Article 154F (1) was und restrictive, with the view th membership of seven woul a more appropriate numbe
There was a widespread b that all powers devolved to provinces in the text of constitution must also b practice devolved, includ powers over police and law order, land, education fiscal policy. In this cont many participants noted present government’s sta policy of full implementatio the Thirteenth Amendmen line with the 23rd January 2 interim report of the All P Representatives Commit (APRC), until such time as APRC produces its propo for substantive constitutio reform. Moreover, there general optimism that with election and establishmen the Eastern Provincial Cou to which powers over po
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nance generated nsiderable comment, with a reponderance of opinion in vour of these powers being ansferred from the Governor ho is a presidential ppointee enjoined by Article 54F (2) to act according to the resident’s instructions) to an lected member of the rovincial Council. A further oint was with regard to how t the political level, provincial dministration was ncentrated in the hands of e Chief Minister and Board of inisters with little role for ther members. In this respect, was also felt that the striction of the Board of inisters to five members in rticle 154F (1) was unduly strictive, with the view that a embership of seven would be more appropriate number.
here was a widespread belief at all powers devolved to the rovinces in the text of the nstitution must also be in ractice devolved, including owers over police and law and rder, land, education and scal policy. In this context, any participants noted the resent government’s stated olicy of full implementation of e Thirteenth Amendment in e with the 23rd January 2008 terim report of the All Party epresentatives Committee PRC), until such time as the PRC produces its proposals r substantive constitutional form. Moreover, there was neral optimism that with the lection and establishment of e Eastern Provincial Council, which powers over police
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and land have been promised there would be a knock-o effect through the medium o which other Provincial Counci also would be enabled t exercise those powers.
The absence of formal (or eve effective informal) mechanism for the conduct o intergovernmental relation was another issue. A devolve constitutional system require channels and modalities of co ordination, co-operation an consultation which th Thirteenth Amendment doe not provide, and the ad ho mechanisms such as the ‘Chie Minister’s Conference’ wer seen to be inadequate for th kind of official and politica intergovernmental relation essential for smoot administration in a multi-tie system. In particular, it wa noted that methods by whic provincial interests ar represented in centra decision-making fora needed t be devised. Options discusse ranged from a second chambe of Parliament, to Chie Ministerial attendance a central Cabinet, an regularising official conferences especially, but no exclusively, on financia matters. Of these, the mos preferred option, partly due t the fact that no constitutiona amendment would be required was the attendance of Chie Ministers at Cabinet. transpired that some Chie Ministers at any rate wer already invited to do so, albe in an observer capacity, whic however did not serve th
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land have been promised, e would be a knock-on ct through the medium of h other Provincial Councils would be enabled to cise those powers.
absence of formal (or even ctive informal) mechanisms the conduct of rgovernmental relations another issue. A devolved titutional system requires nels and modalities of co- nation, co-operation and sultation which the teenth Amendment does provide, and the ad hoc hanisms such as the ‘Chief ister’s Conference’ were to be inadequate for the of official and political rgovernmental relations ntial for smooth inistration in a multi-tier em. In particular, it was d that methods by which vincial interests are esented in central sion-making fora needed to evised. Options discussed ed from a second chamber Parliament, to Chief isterial attendance at tral Cabinet, and larising officials’ erences especially, but not usively, on financial ters. Of these, the most erred option, partly due to fact that no constitutional ndment would be required, the attendance of Chief isters at Cabinet. It spired that some Chief isters at any rate were ady invited to do so, albeit observer capacity, which ever did not serve the
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purpose of shaping decisions affecting provincial interests. A related concern widely held on inter-institutional co-ordination and consultation was provincial representation and access to the Finance Commission. A formalised liaison mechanism between provinces and the Finance Commission could enhance the work and recommendations of the Commission, and serve to restrain the central Treasury’s discretion over allocations.
The need was also felt for a re- organisation of the provincial financial administration, and in this regard, greater functional separation of policy planning and budgeting. Financial reporting methods were also discussed, as were the merits of unifying the recurrent and capital expenditure accounts. A related point, also connected to the desire for more decisional autonomy in financial matters, was the underutilisation of the private sector in new forms of public service delivery.
Two further general matters are worthy of mention. One, born of the pervasive political culture of centralisation, was the perceived lack of ‘prestige’ of provincial civil servants and politicians, a perception that was held and disseminated not least by their national-level counterparts. Provinces were somehow seen as subordinate in status and quality to national-level institutions, which created morale and confidence challenges. This in turn influenced the vibrancy and

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efficiency of provincial administration and contributed to adverse public perceptions and erosion of public confidence in provincial institutions. The closely related other issue, trenchantly articulated, was the lack of media interest in provincial issues and governance. As a critical instrument of shaping public opinion, it was felt that the media had a unique responsibility to devote appropriate attention to what is an important tier of government (critical to both greater democratisation and possibly conflict resolution), but to which the media has generally been indifferent and apathetic.
Finally, a unique issue faced by the Western Province are the policy challenges caused by a ‘daily commuter population’. A large number of persons daily commute in and out of the province for work, education and other business in the capital, but reside outside the province, raising the problem of providing provincial public services to a larger number of persons than pay taxes or are taken into account in allocating resources to the province by the centre. This has to be resolved either by allowing special forms of taxation exclusively for the Western Province or by additional central allocations which take into account this factor.
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3.5 Capacity Proble
Human Resources Administrati Competence
Many of the familiar capa problems that afflict pu administration in Sri Lanka also encountered at provincial level, but perh more acutely than at national-level. Specific hum resource issues relate recruitment, the control o seconded officers and sala Recruitment of suitable sta made difficult because of lack of financial autonom make staffing decisions, retention of qualified sta difficult because of recur problems such as delays in payment of salaries. T necessitates ad hoc solut such as the tempor recruitment of retired offi on contract basis. Institutio capacity and the creation technical expertise experience suffer as a res Officers with speciali expertise are retained by centre. The line of report supervision and disciplin control for seconded offi continue to remain with centre, and they may recalled at any time by centre. The chro deficiencies in phys infrastructure not only ma performance difficult, it obvious human resour implications as well.
Provinces do not have e remotely adequate resea and development capacity
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5 Capacity Problems: Human Resources and Administrative Competence
any of the familiar capacity roblems that afflict public ministration in Sri Lanka are so encountered at the rovincial level, but perhaps ore acutely than at the tional-level. Specific human source issues relate to cruitment, the control over conded officers and salaries. ecruitment of suitable staff is ade difficult because of the ck of financial autonomy to ake staffing decisions, and tention of qualified staff is ifficult because of recurring oblems such as delays in the ayment of salaries. This cessitates ad hoc solutions ch as the temporary cruitment of retired officers contract basis. Institutional pacity and the creation of chnical expertise and perience suffer as a result. fficers with specialised pertise are retained by the ntre. The line of reporting, pervision and disciplinary ntrol for seconded officers ntinue to remain with the ntre, and they may be called at any time by the ntre. The chronic eficiencies in physical frastructure not only makes erformance difficult, it has bvious human resources
plications as well.
rovinces do not have even motely adequate research d development capacity and
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no capacity for generating an maintaining statistical an qualitative information vital to policy-making and planning Another issue is with regard t the implementation of officia language policy. Even in thos provinces characterised by high level of ethnic an linguistic pluralism, Provincia Councils do not have th capacity to fulfil th commitment that every citize has the right to transac business with public bodies in the official language of thei choice. The dearth in capacit prevents implementation eve where there is the political an bureaucratic will to do so.
3.6 Legal Issues Devolution under the Rule o Law
The judiciary was seen as th ultimate arbiter and safeguar of provincial autonom guaranteed by the devolutio schema enshrined in th constitution. However, in th two decades since th enactment of the Thirteent Amendment, the Suprem Court has shown at best mixed record with regard t upholding provincial autonom against the interests of th central government. A mor critical view was als articulated that, on balance the Supreme Court has been a much or more centralising in it interpretation of the provision of the Thirteenth Amendmen as the central government an bureaucracy. A case in poin was the challenge in 1991 to a
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pacity for generating and taining statistical and itative information vital to y-making and planning. her issue is with regard to mplementation of official age policy. Even in those inces characterised by a level of ethnic and istic pluralism, Provincial ncils do not have the city to fulfil the mitment that every citizen the right to transact ess with public bodies in official language of their e. The dearth in capacity ents implementation even re there is the political and aucratic will to do so.
Legal Issues: lution under the Rule of
judiciary was seen as the ate arbiter and safeguard provincial autonomy anteed by the devolution ma enshrined in the titution. However, in the decades since the tment of the Thirteenth ndment, the Supreme rt has shown at best a d record with regard to lding provincial autonomy nst the interests of the ral government. A more cal view was also ulated that, on balance, upreme Court has been as h or more centralising in its pretation of the provisions e Thirteenth Amendment e central government and aucracy. A case in point the challenge in 1991 to an
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amendment to the Agrarian Services Act No. 58 of 1979 on the ground that the proposed amendment infringed upon a devolved subject in the Provincial List. The central government’s contention was that the amendment was referable to an item in the Concurrent List. However, the Supreme Court rejected both contentions, and instead held that the amendment was actually referable to a subject in the Reserved List, demonstrating that it was willing to adopt an attitude more hostile than the central government itself to provincial autonomy. Other such instances where the Supreme Court has been at least insufficiently sensitive to the principle of devolution have been discussed above.
Another practice that has hampered the provincial legislative power has been the practice developed by some Governors that statutes passed by the Provincial Council require to be approved by the Attorney General (or that the Attorney General’s advice is necessary), prior to receiving gubernatorial assent. This is not a strict legal requirement under Article 154H, and it has been used as a means of delaying assent. Experience has also shown that generally, the Attorney General’s opinions tend to favour the centre. This has critically undermined the law-making process and the legislative autonomy of Provincial Councils.

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This experience relating to the record of the Supreme Court and the senior law officer of the state has undermined provincial confidence in these institutions as guarantors of devolution. Capacity problems also plague legal services available to provinces. Usually there is only one legal officer officer and legal translation has been a recurring problem. In these circumstances, the constitutional framework for devolution itself is exposed to doubt and disagreement.
3.7 Provincial Minorities and Language Policy: Role and Capacity of Provincial Councils
Concerns were also raised with regard to the representation within provincial institutions of regional minorities belonging to ethnic, religious or caste groups. These groups sometimes do not have electoral representation and it was therefore important to devise inclusive modalities through which they could find expression in provincial-level
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Programme on Strength
decision-making. This especially important beca the Thirteenth Amendm framework does not specific address this issue. As no before, the lack of capacit implementing the policy bilingualism assum particular salience in respect in many provinces.
3.8 Provincial C Society: Participat Responsiveness Accountability
A broad political fac affecting greater devolutio power is the absence o vibrant civil society at provincial level. Civil socie pivotal in leading a demand movement towards locali decision-making, encouraging inclusive cit participation, and in ensu transparency, accountab and responsiveness of pu institutions. In its absence, only is the culture centralisation free to flour but public apathy leads indifferent governance at provincial level as well.
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

ecision-making. This is pecially important because e Thirteenth Amendment amework does not specifically dress this issue. As noted fore, the lack of capacity in plementing the policy of ilingualism assumes articular salience in this
spect in many provinces.
8 Provincial Civil Society: Participation, Responsiveness and Accountability
broad political factor fecting greater devolution of ower is the absence of a brant civil society at the ovincial level. Civil society is votal in leading a demand-led ovement towards localising ecision-making, in couraging inclusive citizen rticipation, and in ensuring ansparency, accountability d responsiveness of public stitutions. In its absence, not nly is the culture of ntralisation free to flourish, ut public apathy leads to different governance at the ovincial level as well.
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4 CONCLUSION
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A
s the precedin representation of th main themes of th workshop deliberations ampl demonstrate, it is easier t engage in the rhetoric of ‘fu implementation’ of th Thirteenth Amendment tha implement it in practice. All o the workshop participant making these observation were persons with extensiv experience, either as politician or civil servants, in th intricacies and pitfalls inherin in the Provincial Counc system. Their views cannot b simply dismissed as communa interest based demands: response that has me ethnicity-based claims t political power all too often in the past.
Clearly, therefore, ‘fu implementation’ is a polic option that would requir consequential policy an legislative if not constitutiona changes, in order for th inherent logic of a devolve system of governance to hav any chance of success. Withou making changes to the fisca and financial framework, to th re-organisation of the civ
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ION
A
s representation main the themes preceding of of the the
service, to ensuring that the sphere of provincial autonomy is respected in both letter and shop deliberations amply
spirit, there is little chance of onstrate, it is easier to
‘full implementation’ as the ge in the rhetoric of ‘full
experience of twenty years ementation’ of the
shows. More difficult to eenth Amendment than
achieve would be the matters ement it in practice. All of
requiring constitutional workshop participants
amendment, such as the ing these observations
Concurrent List (and indeed the persons with extensive
clarification of the general rience, either as politicians
distribution of power through civil servants, in the
all three lists), the National acies and pitfalls inhering
Policy clause, the financial he Provincial Council
power of the Governor, and the m. Their views cannot be
re-orientation of the mandate ly dismissed as communal
of the Finance Commission. rest based demands: a
Perhaps most difficult of all, onse that has met
would be the challenge of icity-based claims to
changing the ingrained culture ical power all too often in
of centralisation and its ast.
attendant attitudes, precepts, assumptions and practices. No rly, therefore, ‘full
amount of statutory and ementation’ is a policy
constitutional reform on the on that would require
face of legal texts can by itself equential policy and
change this most pivotal of lative if not constitutional
factors impacting on the ges, in order for the
success or otherwise of rent logic of a devolved
devolution and meaningful m of governance to have
provincial autonomy. That has hance of success. Without
been the most pungent lesson ing changes to the fiscal
of the Thirteenth Amendment inancial framework, to the
experience. rganisation of the civil
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P
ART
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2
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P
ART
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S
TAGE III
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S
TAGE III
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P
ROVINCIAL
C
OUNCIL C
OMMON
F
INAL R
ECOMMENDATIONS
D
relation Amendment espite the to the misgiving Thirtee to Constitution, it should recalled that the orig objectives of establishing Provincial Councils were resolution of the ethnic con and the creation of a provin level tier of governmen address regional developm
Why did neither of th objectives come to fruition? consensus among elec members and officials Provincial Councils is that th are common issues affec all provinces as well as ot issues that pertain uniquel some provinces.
This report does not present opinions of the academics experts who were part of deliberations that culminate this report. Instead, it refl the recommendations members and officials of Provincial Councils themsel which were prepared by
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C P
ROVINCIAL
OUNCIL C
MMON
F
INAL R
ECOMMENDATIONS
D
relation Amendment espite the to the misgivings Thirteenth to in the onstitution, it should be called that the original jectives of establishing the rovincial Councils were the solution of the ethnic conflict d the creation of a provincial vel tier of government to dress regional development.
hy did neither of these jectives come to fruition? The nsensus among elected embers and officials of ovincial Councils is that there e common issues affecting l provinces as well as other sues that pertain uniquely to
me provinces.
is report does not present the inions of the academics and perts who were part of the liberations that culminated in is report. Instead, it reflects e recommendations of embers and officials of the ovincial Councils themselves, hich were prepared by five
member committees representing all provinces.
These recommendations highlight the salient factors arising out of the experience of twenty years that cannot and should not be ignored in the full implementation of the Provincial Council system.
The province-specific aspects were discussed in depth. This report highlights the essential recommendations for reform by the provincial tier as a whole, as well as the recommendations of each province. It is hoped that this report will generate a constructive dialogue and debate among key stakeholders including the President, central government ministers and officials. It is also hoped that it will encourage a broader debate within civil society and the media on the issues confronting the full implementation of the system of devolution through Provincial Councils.
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T
WENTY
E
XPERIENCE: I
SSUES
& A
LTERNATIVES
ISSUES ALTER
Non-implementation of powers devolved
Transfer and on Provincial Councils by the Thirteenth
devolved on Amendment
1. Concurrent List
A Memoran respect of d 2. Replication
amendment introduced 3. Need for Attorney General’s advice /
Abolition of approval on provincial legislation
which replic Councils
1. Central government consent is required for provincial level
Chief Minist of the centra recruitment and appointments.
A Legal Depa 2. Removal of Divisional Secretariats
each Provinc
3. Central government circulars on
functions that have been devolved on Provincial Councils without consultation or consent
Constitutional Issues
Administrative Issues
Appointmen ministers re through full Amendment functions.
Converting t Deputy Chai to the provin Speaker, resp
Standardisin of officials a appointmen the respectiv Commission
Y
EARS OF
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E
XPERIENCE: IVES
ALTERNATIVES
Constitutional Issues
evolved
Transfer and fully implement powers teenth
devolved on Provincial Councils
A Memorandum of Understanding in respect of devolution until constitutional amendments and statutory changes are introduced l’s advice /
Abolition of central government ministries islation
which replicate the functions of Provincial Councils
Administrative Issues
nt is el
Chief Ministers to be made legal members of the central Cabinet of Ministers ents.
A Legal Department to be established for etariats
each Provincial Council
ars on
evolved hout
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.
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ISSUES ALTE
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.
Financial Issues
Programme on Strength
Bringing Pr Services un
Devolving p location wi officials fro service.
The centra intervene i provinces.
Annual fina a single blo
Funds alloc should not ministries o replicating
Establishin accountabl governmen should hav
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ALTERNATIVES
ial Councils s and nding
taxation d. work for ls needs to
Commission
n in the
unable to based on ences. ts Finance ions in tions to
ns as
ce ed on time
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
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.
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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.
..
ISSUES ALTERN
Programme on Strengthenin
Vesting adeq each provinc policy can be provincial ne
Provincial Co powers over foreign-fund
Foreign fund Provincial Co of the centra
Policy-makin strictly divide national sphe
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tax
to
vincial
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ALTERNATIVES
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.

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F
INAL
R
ECOMMENDATION I
NDIVIDUAL P
ROVINCIAL
C
OUNCILS
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R F
AL
ECOMMENDATIONS OF I
VIDUAL P
VINCIAL
C
OUNCILS
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Stage III Recommendations
Issue Current Scenario Alternative
Implementing 1. Circulars issued by the Management Services Department and Govt Departments
Amendment a of circulars w consensus of parties
2. Concurrent List The central govt
works without the concurrence of the PC
Repeal the concurrent
3. The FC exceeding its powers
4. Non provision of annual allocations
5. Slash the funds in mid-term
1. Distribu funds to systema 2. Provisio
Allocat a single quantum 3. Extend development allocations til of March 31 6. Non allocation of funds as per the ratio of ethnicities
These scenarios continue to take place
Give preferen regional development when allocati funds 7.Central government functionally interferes in PC functions- does PC’s functions
Provides funds regardless of the makeup of ethnicity
Non impleme of powers as Amendment
8. AGs approval needed for PC statutes to become law
Takes place at present
Asks for AGs
Appoint a PC recommendations
Committee (L a senior coun
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Done without the consent of the PC
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dations
Central Province
Scenario Alternative Responsibility
e C
The Finance Minister, Secy of Treasury and Relevant Ministries
govt out the e of the
Implementing the 13 Amendment and issuing of circulars with consensus of both parties
The Parliament
arios take
Repeal the concurrent list
The Finance Minister, Secy of Treasury and the FC
nds
f the ethnicity
1. Distribute
funds to PCs systematically 2. Provision of
Allocations as a single quantum 3. Extend development project allocations till end of March 31 Give preference to
The FC, Treasury regional development needs when allocating funds at Non implementation
of powers as per 13 Amendment
Parliamentary Cabinet of Ministers
Gs
ations
Appoint a PC Law
Approval of the Committee (Led by
treasury, finances a senior counsel/PC)
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9. Issues in transfers,
Institut recruitment and
adminis promotions
service
Issues in island wide service provision
Service wide ar through
10. Some officials are accountable/answerable to both the central government and the PC
..
There are issues --
11. No officials dedicated to long term development of the PC
There are issues 1.
2.
12. Increase the no of PC ministers through amendments to PC law
Reduce concurr implem given in Amend 13. The central government executing PC functions
Cannot be increased according to the Constitution
Implem the chie
14. Privileges to PC elected members
Currently takes place
Only freedom of
Especia expression and
develop debates
commit institute various
Programme on Strength
Obstacles exist
Issues exist
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Central Province
cles exist
exist
The President, the Cabinet of Ministers and Public Admin. Services Commission
Management Services Department are issues -- --
are issues 1. Provide
same benefits of central government employees to PC officials too 2. Plan on
short, medium and long term bases for the PC
The central government and the PC
t be sed ding to the itution
Reduce/amend the concurrent list, implement powers given in the 13 Amendment
The Parliament, the central government
ntly takes Implement through
the chief secretary
The Cabinet of ministers, treasury, Planning ministry of the central government freedom of ssion and
s
Especially the development of the committees instituted under various statutes
The Parliament
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Institute a public administration service for PCs
Services island wide are done through the PC
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E
ASTERN P
ROVINCE
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E
ASTERN P
ROVINCE
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THE SETTING
Theatre of war for more than twenty years
The North and East account for a third of of the coastline.
Tamil-speaking populace is the dominant
Little or no economic development.
Main Industries: Agriculture, Fisheries
Contribution to GDP: In 2000 - 4.5%
The share of industry in employment: Dec (1995).
Access to safe drinking water: 20% of hou (2002-2003)
Electricity: 40% (national average 56%)-(2
Access to sanitation: 28% (national averag
DEVELOPMENT
President Mahinda Rajapaksa has given to in the East, allocating SLRs. 6 billion (US$ Task Force tasked to rebuild the province.
New roads are now being built.
A paper factory at Valaichenai is planned.
A 500 MW power plant in Sampur is expec
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HE SETTING
T
Programme on Strengthening the Provincial Council System
more than twenty years.
st account for a third of the island’s land mass, and two thirds
pulace is the dominant group.
ic development.
Agriculture, Fisheries
P: In 2000 - 4.5%
try in employment: Declined from 15.4% (1985) to 8.3%
nking water: 20% of households (Sri Lankan average 45%)-
ational average 56%)-(2002-2003)
on: 28% (national average of 72%)-(2002-2003)
a Rajapaksa has given top priority to economic development ting SLRs. 6 billion (US$ 56 million) and heads the Eastern to rebuild the province.
w being built.
t Valaichenai is planned.
plant in Sampur is expected with Indian help.
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TIMELINE
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September 2 & 8, 1988: Pr former President J.R.Jayew Northern and Eastern prov administrative unit to be ad Council. The two provinces
The 16 month admi Provincial Council fo was mired in contro political survival.It w populace was haras Eelam People’s Rev (EPRLF) and the Ea Liberation Front (EN the Indian Peace Ke
On March 1, 1990: Varadh Chief Minister of the merg meeting of the North Easte announces an ultimatum to Government for the fulfillm party, EPRLF. The reason w Council system was not ful police and land were not gr granted land and police po Central Government throu Interestingly, the lion flag f in Trincomalee while he w announcement!
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LINE
ptember 2 & 8, 1988: Proclamation was issued by rmer President J.R.Jayewardene enabling the orthern and Eastern provinces to function as one
ministrative unit to be administered by one elected uncil. The two provinces were amalgamated.
The 16 month administration of the first Provincial Council for the merged North East was mired in controversy and a fight for political survival.It was reported that the populace was harassed by province’s ruling Eelam People’s Revolutionary Liberation Front (EPRLF) and the Ealam National Democratic Liberation Front (ENDLF) and their guardians, the Indian Peace Keeping Force.
n March 1, 1990: Varadharaja Perumal, the then
ief Minister of the merged N&E, convenes a special eeting of the North Eastern Provincial Council and nounces an ultimatum to the Premadasa overnment for the fulfillment of 19 demands that his
rty, EPRLF. The reason was that the Provincial uncil system was not fully implemented - powers on lice and land were not granted to the periphery (the anted land and police powers were again tied to the
ntral Government through the parallel list). terestingly, the lion flag flies on the council building Trincomalee while he was making this controversial nouncement!
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1993/94: When sh Western Provincia President Chandri police powers be v did not sign the re
July 26, 2006: A ci Defend Rights of P Rajapakse, Preside residence Temple letter demanding be separated and provincial councils
October 16, 2006: merger of the Nor and void. The peti were granted the Council for the Eas 154(a)(2)of the Co judgement was by with Justice C. N. Justice Raja Ferna agreeing. JVP parl representing Seru L.K.Wasantha and Eastern province e Court seeking a se East after de-merg

Programme on Strengthening the Provincial Council System
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1993/94: When she was the Chief Minister of the Western Provincial Council in 1993/94, former President Chandrika Kumarathunge insists that the police powers be vested in the Provincial Councils, but did not sign the relevant gazette notification.
July 26, 2006: A civic outfit called Organization to Defend Rights of People in the East meets Mahinda Rajapakse, President of Sri Lanka at his official residence Temple Trees in Colombo and hands over a letter demanding that the North and the East should be separated and administered by two separate provincial councils.
October 16, 2006: The Supreme Court declares the merger of the North and Eastern Provinces invalid, null and void. The petitioners, three members of the JVP, were granted the entitlement to elect a Provincial Council for the Eastern Province under Article 154(a)(2)of the Constitution of Sri Lanka. The judgement was by the Chief Justice Sarath N. Silva, with Justice C. N. Jayasinghe, Justice N. K. Udalagama Justice Raja Fernando and Justice N. G. Amaratunga agreeing. JVP parliamentarians Jayantha Wijesekara representing Seruwila in the East and two others, L.K.Wasantha and A.S.Mohamed Buhary, from the Eastern province earlier filed petitions in the Supreme Court seeking a separate provincial council for the East after de-merger of the two provinces.
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July 11, 2007: Sri Lankan fighters from their last st the government announc liberated.
2008: The JVP is against g Provincial Councils “whil groups are roaming aroun Government’s move to im Amendment to the const
March 13, 2008: Accordin notification on March 13, PC polls ‘will be accepted 2008’.
May 10, 2008: More than parties and 73 independe in the east’s first-ever Ea elections. The main battl UPFA and its allies includ opposition United Nation the Sri Lanka Muslim Con
May 11, 2008: The ruling Mahinda Rajapakse wins Rajapakse’s United Peopl (UPFA) secured 20 seats a National Party (UNP) taki
May 12, 2008: SLFP Gene Maithripala Sirisena says devolve all powers includ East in accordance with t the Constitution.
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July 11, 2007: Sri Lankan troops drive Tamil Tiger fighters from their last stronghold in the east and the government announces that the East is now liberated.
2008: The JVP is against granting powers to the Provincial Councils “while armed secessionist groups are roaming around”, and objects the Government’s move to implement the 13th Amendment to the constitution in full.
March 13, 2008: According to the Gazette notification on March 13, nominations for eastern PC polls ‘will be accepted from March 23 to April 3, 2008’.
May 10, 2008: More than 1,300 candidates from 18 parties and 73 independent groups run for 37 seats in the east’s first-ever Eastern provincial council elections. The main battle is between the ruling UPFA and its allies including the TMVP, and the opposition United National Party and its allies in the Sri Lanka Muslim Congress.
May 11, 2008: The ruling party led by President Mahinda Rajapakse wins the eastern polls. Rajapakse’s United People’s Freedom Alliance (UPFA) secured 20 seats and the opposition United National Party (UNP) taking 15.
May 12, 2008: SLFP General Secretary and Minister Maithripala Sirisena says the government would devolve all powers including police powers to the East in accordance with the 13th Amendment to the Constitution.
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The Eastern Province showed the highest casualt Tsunami.
Stage III Recommendations for Eastern
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owed the highest casualties in the 2004
mendations for Eastern Province >>
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The Eastern Province - Recommendation of th
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Issue Current Scenario Alternati
1. The FC nor the PC has powers to redistribute collected revenues
The Elected representatives are not stable yet, no taxes from health sector
Give full pow
2. No political will on the part of the state leadership to devolve powers despite PCs have been in exisitence for two decades
Not only of the commitment of the Central Govt but even that of others is insufficnet, negative security scenario in east
3. Taking steps to improve the standard of living of minorities and groups not represented in the PC 4. Top-Down approach in planning process Eg: Foreign funded projects such as Maga Neguma etc are planned by the Govt
Flexibility on the central g influencing t government MPs
The situation
continues as the PC has no powers on these
Devolve po regard
9. Resolve issues between the Govt and PC on passenger transportation
Receive input from DS levels, no consistency in activities, no independence
Give full pow
5. The regional citizen has no voice in choosing thier own livelihoods
Creating a PC proper publ both the P commonly a
6. Retaking of Public Administration and Agrarian Services from the PCs
Lack of space for community feedback, no relevant mechanism
The DS s brought und devolve the to to the PC
7. Contradictions between the govt and the PCs on state service Transfers, promotions and appointments
Under the Central Govt
supervision
Identify the
powers and ves in full
8.Re integrating national schools and hospitals back to PCs
Under the Central Govt supervision but at times on PC's recommendations
The responsibility is vested with the govt
Vest all pow and th governm transfer
There is only a highways development ministry
Vest releva with P
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

- Recommendation of the Officials
nt Scenario Alternative Responsibility
Pro
re not es from
Give full powers to thePC
The Central govt, the PC
and the FC
mmitment l Govt but others is negative ario in east
from DS nsistency ies, no ce
Flexibility on the part of the central government, influencing the government through PC MPs
s the
these
The central government,
line ministries
ility is the govt
The PC, The central
government, line ministries
The Central
government
inistry
Devolve powers in this
regard
Give full powers to PCs
The PC
ommunity o relevant
Creating a PC apparatus that has proper public representation, both the PC and the DS commonly agree on plans
The PC
al Govt The DS should be brought under the PC, devolve these powers to to the PC
The govt
ral Govt but at PC's tions
Identify the division of powers between both and vest PCs powers in full
The Central Government
Vest all powers with PC and the centrasta government should transfer staff to PC
Vest relevant powers
with PC
The PC
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Stage III Recommendations
..
Issues Current Scenario Alternat
11.Creating a unit that addresses needs of the region, has data on the region, conducts research, and runs appropriate and targeted programmes
Seperate units active- Develop central government has its own units
hu in the PC, e coordinatin around the
12. PC officials' status placed lower than Govt officials
The central government officials have an overestimation of themselves
Give equa correct tra privileges
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Eastern Province ndations
nt Scenario Alternative Responsibility
active-
ent has
Develop human resources in the PC, establish a coordinating unit centred
The PC
around the chief secretary
vernment
n
The Central Govt & the PC
of
Give equal status, correct training, privileges, to PC officials
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..
Issue Current Scenario Alternative
13. Duplication of efforts by both the Govt and the PC
Needed: Cle of powers d Acting inde 14.Some aspects are duplicated even within the PC system itself
Lack of proper coordination though some aspects are coordinated
Discussin wi itself and allo slots for it
15. Govt officials are against devolution of power
Somewhat lesser since discussions are constantly held
Correct attit power sharin create nation
16. Funds not available for infrastructure development
Govt officials are against it
Tasks performed by the Govt. Allocated funds not received.Need for effective NGO intervention
Improving eff FC, issue guid funders
17. Policy formulation, budgeting and planning done by separate units. Recurrent and capital expenditure maintained separately.
Functions separately. But no decision making powers
Give relevant PC
18. The private sector ignored in PC service provision
Formulate based on manageme
19. Appointing a go- between to coordinate between the PC and the Finance Commission
No methodology at the moment
No such representation at the moment
Strengthen current sce sufficient
The FCs p PC finance made more
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

ations
Eastern Province
cenario Alternative Responsibility
gh some inated
Needed: Clear definitions of powers devolved; Acting independently
The PC and the Govt
since Discussin within the PC itself and allocating time slots for it
Chief Secy and all the secretaries
Correct attitudes on power sharing needed, create national dialogue
Constitution draftees, PC and the Govt, District Secy
e Govt.
tive
Improving efficiency of the FC, issue guidelines to funders
The Govt, the FC and the PC
ely. But g
Give relevant powers to the PC
The Govt, the relevant minister and the PC
gy at Formulate an approach
based on sound management principles
the PC
at the
Strengthening the current scenarion is sufficient
The FCs procedures on PC finances need to be made more efficient
Chief Secy, the FC and the PC
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Stage III Recommendations
Issue Current Scenario Altern
Done without the
Implemen 1. Circulars issued by the Management
..
consent Shortcomings of the PC
in recruitments Services Department and Govt Departments
Amendme of consensus parties Giving PC administra service
circular
public po
2. Concurrent List The works concurrence Not lengthy
central definitive,
without govt
of the the PC
Repeal t concurre
3. The FC exceeding its powers
4. Non provision of annual allocations
5. Slash the funds in mid-term
Reduce f
Powers given in the constitution Unclear
No clear criteria, not receiving the funds in time nor in the allo- cated amounts, issues in additional alloca- tions (Special provi- sions), issue of benefits for the PC officials
1. Distr fund syste 2. Prov Allo a sin quan 3. Extend developme allocations of March 3 6. Non allocation of funds as per the ratio of ethnicities
These scenarios continue to take place
The Fina mission
The Fina mission
6. The Finance Commission
Give prefe regional developme when alloc funds 7.Central government functionally interferes in PC functions- does PC’s functions
Provides funds regardless PC exceeding of the its makeup powers
of ethnicity
Devolve functions
Through various ministries Eg: Maga Neguma
Non imple of powers Amendme
8. AGs approval needed for PC statutes to become law
Takes place at present
Devolve functions
8.Reclaim devolved powers
Asks for AGs
Appoint a recommendations The DS Office,
Committe
Re-devo agrarian services,
a senior the PC
co national policies
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

ations
rent Scenario Alternative Responsibility
t the ings e PC
in nts
The Finance Minister, Secy of Treasury and Relevant Ministries
tral govt
ithout the nce of the
The President
itive, Reduce functions
n in the Unclear
eria, not e funds in he allo- nts, issues l alloca- al provi-
of the PC
Giving powers to PC public service administration service
The Parliament
enarios to take
Repeal the concurrent list
The Finance Minister, Secy of Treasury and the FC
funds ss of the of ethnicity
1. Distribute The Finance funds to Com- PCs
The President mission
systematically 2. Provision of The Finance Allocations Com-
as
The President mission
a single quantum 3. Extend development project allocations till end of March 31 Give preference to
The FC, Treasury eding its regional
Devolve PCs development functions to the needs
PC when allocating funds lace at Non implementation
of powers as per 13 Amendment
The President
various s Eg: Maga
Parliamentary Cabinet of Ministers
AGs endations
Devolve PCs functions to the PC
The Finance Minis- try, PC Ministry
Office, services, policies
Appoint a PC Law
Approval of the Committee Re-devolve, (Led involve by
treasury, finances a senior the PC
counsel/PC)
The President, Ministry of public administration
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
Implementing the 13 Amendment and issuing of circulars with consensus of both parties
North Central Province
47

Page 49
Outreach Stage III Recommendations
..
Issue Current Scenario Alternati
8. The central government runs the foreign funded projects
Mismatch between PC requirements and supervision
Implement thr
9. Issues in preparation of
statutes
Reduce no of statutes, not receiving priority
10. No officials or politicians dedicated to long term development
11. Officials accountable to
two levels 12. Despite new
amendments no additional ministries
PC’s legal dra
Due to low
remunerations in PC, join the govt
Develop fac
17.No opportunity for the PC to get involved in national policy planning
Administrative issues Make PC resp
make a maxim
ministrie
13. Naming permanent members to the cabinet
Make the c permanent Cabinet
14. Lack of physical
resources
Insufficient representation in
the PC
old / outdated assets lead
Allocate to extra expenditures
based on an
15. Auding and supervision
Under the Central Govt supervision but at times on PC's recommendations
Identify the
powers b and vest in full
16. No priority for PC development
Plans of the government exceeds and extends to central government
Provide fund that it c function to it
PC not represented in the parliament
Empower
minist represe PC
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province tions
t Scenario Alternative Responsibility
n PC Implement through thePC
The Finance Ministry, plan implementation ministry
tutes, not
PC’s legal draftmen rity
ns in govt
sues Make PC responsible,
make a maximum no of 7
ministries
The President
rnment extends rnment
The central
government
The Central ,
government
nted in ent
Develop facilities
Line Ministries
entation in
Make permanent the chief member minister of a the Cabinet
The President
ets lead
Allocate resources ditures
based on annual ratios
The FC
al Govt but at PC's tions
Identify the division of powers between both and vest PCs powers in full
The Central Government
Provide funds to PC so that it can fulfil all functions allocated to it
Empower the chief minister to be represented in the PC
The President
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 48

Page 50
Outreach Stage III Recommendations inr.uqj m

Page 51
Outreach
..
vii) j3⁄4;udkfha §
m%udKj;a wruqo,a fkd,eîu
viii) uOHu rch úiska m

Page 52
Outreach
Stage III Recommendations
..
Unclear Issue iïnkaOfhka
j.lshkafka
division of
Current Cannot be Scenario acceptes
Alternati
responsibilities between government ljqreka±hs meyeÈ,s the
and lr ksYaÑ;j the
fkdue;'
There are institu- tional differences PC
WodyrK(
Eg: i Maga zzu. Neguma,
ke.=uZZ yd
Under the Central Government Gama Neguma
zz.u ke.=uZZ Taking national hospitals government over hkd§ úfoaYdOdr wfkl=;a jHdmD;Ska schools by of
jHdmD;Ska
and
,nk
the and also agrarian and tration public services
l%shd;aul jkafka my

Page 53
Outreach
Stage III Recommendations The ol=Kq political m

Page 54
Outreach
Stage III Recommendations Financial uQ,H uQ,H lghq;= lghq;=
Issues
.eg ̈j .eg ̈j Issue
úl,amh úl,amh
uQ,Huh uQ,Huh Financial Vesting Financial powers ndOd ndOd Obstacles Obstacles
$ $ of m%Yak m%Yak decision making on
..
m

Page 55
Outreach
Stage W!j mkh kdlsÍug j. n,d.ekSu'
The President and the Cabinet of Ministers
mpower promptly
PC Ministry of Finance
xercise due care so that the onstitution is not violated
The President and the Cabinet of Ministers, Parliament
edefining popular sovereignty d role of the governor in line
The President ith the present
rovide fiscal and statutory power
this end
Statutes to be passed by the PC
Government providing fiscal facilities from the treasury
Government approval for recruitment
ppoint PC-AG, PC Examination commis- ioner, and Poilice Commission as per 13
mendment
w;s.re ckdêm;s ;=ud" md3⁄4,sfïka;=j" leìkÜ uKav,h" rdcH ks,OdÍka
k;d mrudêm;H iy dKavqldrjrhdf.a n,;, j;auka ;a;ajhg .e,fmk fia w3⁄4: ksrEmkh sÍu'
w;s.re ckdêm;s ;=ud
dId m%;sm;a;sh iy m%{ma;sh ilia sÍu i|+yd ks,OdÍka yd uQ,H m%;smdok e,iSu ^wdÈjdiSka we;=¿ fiiq ck ldgia o&
m%{ma;sh ilia lsÍu m

Page 56
Outreach
Stage III Recommendations
10. dations ks3⁄4foaY lsÍug Mechanism of n, lrk chief jHqyhla to ministers lreKq implement f.dvke.Su conferences ls%hd;aul
recommen-
Create a structured me
11. 11' their yd .. PCs m

Page 57
Outreach
Stage III Recommendations
jhU jhU m

Page 58
Outreach
Stage III Recommendations
..
Issue Current Scenario Altern 3. the 3' Obstacles PC l

Page 59
Outreach
Stage III Recommendations niakdysr m

Page 60
Outreach
Stage III Recommendations
..
Issue Current Scenario Altern 6. taken 6' Divisional m%dfoaYSh wod, ld3⁄4hd, away from m%DfoaYSh Secretariats m

Page 61
Outreach
..
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

gramme on Strengthening the Provincial Council System
re for Policy Alternatives 60


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Outreach
..
P
ART
Programme on Strength
3
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

P
ART
Programme on Strengthening the Provincial Council System
3
- Centre for Policy Alternatives
61


Page 63
Outreach
..
Programme on Strengthenin
S
TAGE II G
ROUP
R
EPORTS
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

S
TAGE II G
ROUP
R
EPORTS
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 62


Page 64
Outreach
.. S
OUTHERN P
ROVINCE
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

S
THERN P
VINCE
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
63


Page 65
Outreach Group Reports
..
Group A Presented by Chinthaka Lokuhet
Cooperatives
Group A Current Scenario Alterna
01・ Lack of a vision in officials to develop the region
Unsatisfactory All parties
together fo common v
02・ Lack of officials dedicated to development of the province
Unsatisfactory Provide re powers an value
03・ Lack of a strong region based civil society
Lack of Knowledge Create A and mob
04・ The private agendas of the ministers and chief ministers in policy making. Opinions of the MPs are not taken account of
this becomes apparant in certain decision making situations
Strengthen Sub Comm serious dis
05・ Reclaiming of powers given by the 13th Amendment.It is not clear who is ultimately responsible for the development of the province. Examples:
i Projects such as Maga Neguma and Gama Neguma and foreign funded projects function on a top down planning. ii . Taking over of national schools and national hospitals by the government. iii. Taking over of farmers' welfare schemes/agrarian services
Certain essential subjects are taken over. Division of powers is clear to a great extent.
Clearly def devolution.
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Southern Province
A ed by Chinthaka Lokuhetti - Secretary, Food and peratives
ent Scenario Alternative Responsibility
sfactory All parties should get
together for a common vision
Political Authority and PC Officials
isfactory Provide relevant
powers and enhance value
Central Government and PC
Knowledge Create Awareness
and mobilise people
Elites, media, PC
becomes nt in certain on making uations
Ministers, secretaries
n essential s are taken ivision of is clear to a t extent.
Strengthen Ministerial Sub Committees, hold serious discussions
Clearly define
Central Government devolution.
and PC
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 64


Page 66
Outreach
..
Group A Current Scenario Alterna
06'Preparing a list and documenting the powers of the central government and provinces.
Though powers between parliament and provincial administration are clearly shown, no specific document clearly outlining PCs powers
Clearly de devolution Awarenes
07' Conflicts between the central government and the provinces
i State service appointments, transfers and promotions etc are now entangled between two centres of power. ii Specialised h u m a n resources are vested with the c e n t r a l government iii C e n t r a l government r u n n i n g projects in such a manner that PC powers are violated.
Serious Increase th
of experts
To some extent PCs duties fulfilled by themselves
08' The central government is slighted by the PCs leading to further complications
To a consideable
Clearly de extent
powers of and make respectab
The Team
DB Vidhanapathirana - Director Internal Audit, Southern Province, M Motor Vehicles of the Province--Ranjith Kumarage - MP Southern Prov Director for Planning, Southern Provincial Secretariat, Somapala Ekan Ananda Abeywickreme - MP Southern Province, Chinthaka Lokuhetti AU de Silva - Director Irrigation, Southern Province
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Southern Province
ent Scenario Alternative Responsibility
h powers parliament ovincial tration are hown, no document tlining PCs wers
Clearly define the devolution and Create Awareness
Central Government and PC
rious Increase the number
of experts
Central Government and PC
me extent PCs duties should be
fulfilled by PCs themselves
Central Government and PC
nsideable
tent
Clearly define the powers of the PC and make PCs a respectable place
Central Government and PC
dit, Southern Province, Ms. Ramya Sooriyarachchi - Commissioner for
arage - MP Southern Province, AVK Wickremenayake - Additional cretariat, Somapala Ekanayake - MP Southern Province nce, Chinthaka Lokuhetti - Secretary, Food and Cooperatives ovince
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
65


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Outreach
Group
Group B Reports
Presented by Weerasumana Weeras
Group B Current Scenario Alternative
01' Financial
obstacles: i Lack of Financial Resources ii Undue influence when providing financial sponsorship
02' No space to introduce new taxes
..
Non receipt of annual allocations.
EG: 2008 Funds not even sufficient to cover 2007 arrears. - Lack of regional revenues
Lack of financial critera from the Finance Commission -Even budget allocations are not provided -Funds not forthcoming at the time of need
PC should be power to pro deciding the s needed
Agreement w treasury to re funds on time
Obtaining po receive funds local and inte sources
PC not given powers to
impose new taxes. Eg: Central Government infuence on tax reviews, taxes collectible by the PC are collected by the government, PCs as well as government both charge turnover taxes Geological survey and Mines bureau charging state fee Forestry income collected by the government not being sent back to the PC
PC should b power to co their taxes
Even if the government regional taxe powers of co should be w PC
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Southern Province
by Weerasumana Weerasinghe
Scenario Alternative Responsibility
of annual ions.
unds not nt to cover rears. regional ues
cial critera Finance ission
allocations rovided
rthcoming of need
owers to taxes.
ernment on tax taxes y the PC d by the t, PCs as ernment turnover
vey and bureau ate fee collected ernment ent back
PC should be given power to propose on deciding the sums needed
Agreement with treasury to receive funds on time
Obtaining powers to receive funds from local and international sources
Central Government, the treasury, finance commission, external resources department
PC should be given
The PC, treasury, power to collect
income tax their taxes
department
Even if the government changes regional taxes, powers of collection should be with the PC
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 66


Page 68
Outreach
..
Group B Current Scenario Alterna
03' Limitations on Tax
Non receipt of tax revenue collections
revenues due to limitations on their collections
EG: Jewellery production tax. -VAT collected by the central government
A simplifi procedure collection with the P
04' Legal obstacles to obtain foreign funds directly for PC development
The Central government alone handling foreign aid
A flexibl to region developm making i through
05' The PC or the finance commission has no powers on redistribution of collected revenues. There is also the delay in returning funds to the PCs.
The monies not received by the PCs on time or when needed
Collectio dire Tha the PCs expe of s
06' Fund estimates by the PC are not met by the Central government and delays.
Inability to implement a t a r g e t e d development plan -Falling in arrears -Paying a high price - Administrative Issues -People lose confidence
in the PC -Failure of the next years
plan too
Announc alloca the ne and pro such fail.
The Team
A Samarasinghe - Secretary, Southern Province / Weerasumana Weera Jayasiri Nanayakkara - MP Southern Province / Nishantha Muthuhett Piyadasa Hatharasinghe - Addtl Director for Planing, Lands, Agro, Irri M Liyanarachchi - Addtl Director for Planing - Department of Provinc Director Southern Province / GG Leelananda- Senior Assesor- Provinc
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Southern Province
ent Scenario Alternative Responsibility
ceipt of tax ues due to ions on their llections
Jewellery uction tax. llected by the government
A simplified tax procedure and vesting collection powers with the PC
The PC, treasury
Central rnment alone ling foreign
The PC, treasury, external resources department
es not by the PCs r when
A flexible approach to regional development and making it work through the PCs
Courts, PCs
mplement a g e t e d ment plan rears
h price tive Issues
confidence C
e next years
Collection of these fines direcly by the PC. That is, implementing the status quo before PCs came. Also, expediting collection of stamp duties
Announcing the allocations for
The PC, treasury, finance commission the next year and provision of such without fail.
nce / Weerasumana Weerasinghe - MP Southern Province ce / Nishantha Muthuhettigama - MP Southern Province Planing, Lands, Agro, Irrigation and Livestocks Ministry
- Department of Provincial Administration / N J Karunadasa - Provincial - Senior Assesor- Provincial Revenues Department
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
67


Page 69
Outreach Group
Group C Reports
Presented by Ashoka Dhanawansa
Group C Current Scenario Alternati
01・ No opportunity to recruit the relevant staff
02・ Some officials required to report to two parties (to the Central government and the PC)
..
Approvla needed rom the State Services Management Department to fill the vacancies occurring before 2006-06- 30 -State Services Management Department needs to give approval for the types of vacancies apart from the three types of vacancies after 2006-6-30 needed to be approved by the Secretary -Even for vacancies due to promotions and new vacancies, need approval from State Services Management Department
If funds avai pay salaries, empowering Secretary to
Have to fulfil functions of both the Central government and the PC,Delay in decision making Ignoring PC orders
Delay in disciplinary
action
PC vested
accounta
03・ Lack of Sinhala / English translators in legal affairs
Limited number of
officials Non creation of extra
vacancies
Lack of qualified
personnel
Retired re-rec
contract
Creating
vacancie More training Special allow
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Southern Province
by Ashoka Dhanawansa- MP, Southern Province
t Scenario Alternative Responsibility
rom the ces partment
ncies 2006-06-
ices partment pproval s of from the acancies eeded to y the
cies due nd new approval rvices partment
fulfil s of both Central ent and Delay in making orders
iplinary
If funds availabslbe to pay salaries, empowering the Secretary to do so
Each ministry secretary
PC vested with all accountablity
The Cabinet of Ministers of the C e n t r a l government, Secretary, National State S e r v i c e s Commission
umber of
n of extra es
qualified el
Retired re-recruited on contract basis
Creating fewer
vacancies More training Special allowances
The Secretary, Divisional Secretary, Grama Niladhari
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 68


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Outreach
..
Group B Current Scenario Alternat
04' Issues of minorities and groups not represented in the
PC (such as caste groups etc) are not solved.
Holding o
s e r campa selecte
05' Lack of a statistical unit that gathers information on province related resources and planning facility
Lack of representation for certain groups
Psychological pressure
Difficulty to find solutions to the problems
Violation of fundamental rights
06' Inability to bring the language policy to a practical level
Lack of clear
information
Adding
tech system
Training
Implementing the languge policy correctly
Increasin requi Using a co
test eval lan profi the recru
Close Sup
The Team
Vijaya Dahanayake - Deputy Chairman, Southern PC Southern PC Asoka Danawansa - MP Southern PC Bindu Weerasinghe - MP Southern PC Buddipriya Nigamuni - Secretary, Health Ministry -Southern PC Southern PC HKRJ Edirisinghe - Deputy Secretary Engineering - South W Seelarathne Silva - Deputy Secretary Planning - Southern PC RA Alfred -Senior Assesor - Southern PC
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Southern Province
nt Scenario Alternative Responsibility
presentation ain groups
ical pressure
lty to find ons to the
blems
f fundamental ights
Holding of mobile s e r v i c e campaigns during selected periods
District Secretary, divisional secretary and Grama Niladari
clear
ation
Adding new technology systems
Training
Increasing training
requirements Using a comulsory test paper, evaluating languge proficiency at the time of recruitment
Close Supervision
District Secretary, Secretary, divisional secretary
nting the uge policy
tly
Chief Secretary Deaprtment Heads Central Government M i n i s t r y Secretaries
hern PC rn PC
istry -Southern PC retary Engineering - Southern PC ning - Southern PC
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
69


Page 71
Outreach
Group
Group D Reports
Presented by Ashoka Dhanawans
Group C Current Scenario Alternative
1・ Only one official
Legal Advice on bye- for legal matters.
law formation for the region, appearing in courts, provision of legal advice to all ministries and departments is not feasible by a single legal officer
02・ To remove legal limits imposed by the central government on the use of provincial resources.
..
Even though t two legal draft this number is insufficient. A from Galle app court cases. F cases in Mata Hambanthota Colombo, ass from AGs dep is sought. The appointment o officer each fo Districts of So Province.
VAT Taxes levied for services and produce at present (Eg. Even though tourism industry is present in the southern PC, only licence fee income is channelled to the PC).
Redirecting collecti the Provinc
CESS levy fro
in t channel PC 03・ Central government officials are against implementation of devolved powers.
Preparation of policy framework on PC powers
Preparation national p w h i maintain PC identi
04・ Need to obtain AGs approval re bye-laws.
The bye law formulation committee prepares the draft at present without AG department except for complicated issues (Eg: Lands).
Not necessa
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Southern Province
D ed by Ashoka Dhanawansa- MP, Southern Province
Scenario Alternative Responsibility
on bye- for the , courts, f legal inistries ts is not single cer
ied for produce g. Even tourism resent in PC, only ncome is the PC).
Even though there are two legal draftmen, this number is insufficient. A lawyer from Galle apper in court cases. For cases in Matara, Hambanthota and Colombo, assistance from AGs department is sought. Therefore appointment of a legal officer each for the Districts of Southern Province.
Chief Secretary and the AG
Redirecting VAT collections from the Southern Province to the PC
CESS levy from exports in the PC channelled to the PC
Secretary, Finance
Ministry
f policy k on PC
The Secretaries in charge of the subjects
lation s the thout
ept for (Eg:
Preparation of national policies w h i l e maintaining the PC identity.
Not necessary
Chief Secretary
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re for Policy Alternatives 70


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Outreach
..
Group C Current Scenario Alterna
5. 154 K, 154M, 154 H, 154R sections in the constitution should be amended
Full powers relating to these sections are vested with the Central Government
No change
06' Conflicts between the centreand the province on projects on river water resources, minerals, and forests.
The powers relating to these aspecs are vested with the C e n t r a l Government
Part of the genera these shoul divert PCs
The Team
G. Premathunga - Provincial Land Commissioner, Southern Pro Kapila Wellappili - MP Southern PC S Thennakoon Nilame - MP Southern PC Ajith Rajapakse - MP Southern PC Ms G Gamage - Secretary, Land and Agricultural Ministry -So L Wijesinghe - Legal Officer- Southern PC Indrani Seneviratne - Provincial Revenues- Southern PC Suminda Singappuli-Cooperatives Commissioner- Southern PC
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Southern Province
ent Scenario Alternative Responsibility
rs relating to ctions are with the overnment
No changes required
rs relating to aspecs are d with the n t r a l rnment
Part of the Incomes generated from these projects should be diverted back to PCs
Line Ministry Secretaries and PC Chief Secretary
ommissioner, Southern Province
rn PC
Agricultural Ministry -Southern PC ern PC enues- Southern PC ommissioner- Southern PC
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
71


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Outreach
..
N C P
ENTRAL ROVINCE ORTH
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

N
ORTH C
NTRAL P
ROVINCE
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 72


Page 74
Outreach
Group Reports
..
Group A Presented by Premasiri Hettiarachc
Chief Ministry
Group A Current Scenario Alterna
01・ On circulars issued by Management Services Department
05・ Circulars issued by the Ministry of P u b l i c Administration
Obstacles in approvals for new posts, abolotion of existing posts
Allowing t Provincial Commissi function
02・ Concurrent List No methodology to efectuate the functions of the Concurrent List Listed functions in the PC List also found in concurrent list
Abolition concurren
03・ The Finance Commission exceeding its powers
The FC exercising powers beyond that is delegated through the constitution
The FC s exceed th to it from Constitut
04・ Not allocating fiscal resources/ funds based on the population of the PC
The FC continually in breach of provisoes of the constitution
-Allocating funds without counting the national school and provincial schools
-Allocating funds without counting the patients in national hospitals and provincial hospitals
Transferrin subjects re the PC onl
Despite Governor's powers being well defined, issuing of circulars by the government breaching the powers of PC Governor
Vesting p Gov PC S
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
by Premasiri Hettiarachchi - Coordinating Secretary, f Ministry
ent Scenario Alternative Responsibility
in approvals w posts,
of existing sts
nor's powers ell defined, circulars by overnment the powers ernor
Allowing the Provincial Services Commission to function
The President
odology to uate the ions of the urrent List
ctions in the st also found current list
Abolition of concurrent list
The Parliament
ising powers is delegated constitution
The President
tinually in rovisoes of stitution
ng funds unting the chool and l schools
ng funds unting the national d provincial itals
The FC should not exceed the powers given to it from the Constitution
Transferring all the
The Treasury, the FC subjects relevant to
and the Finance the PC only to the PC
Minister
Vesting powers to the Governor, and PC Secretaries
The President and the PC Ministry
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
73


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Outreach
Group A Current Scenario Alternative
06・ Not making available the funds allocated for the PC
..
Especially in the development projects, not making available the allocated funds
Making the fu available as al
07・ Suddenly discontinuing the allocated funds in mid term
08・ Central govt departments and Ministries acting in breach of PC powers
13% slashed in 2007. If the interim budget is pending at that time, the continuity of PC administration is endangered
Making all re
funds ava and confi the allo funds at Y
Provision
relevant f PC alloc Yr start
09・ Obstacles in filling
up vacant posts
Some Ministries of the Central Government function on same subjects of the PC and running special programmes such as Maga Neguma etc
The PC not being able
to recruit its staff
Even if recruitments are approved, no funds are made available PC being burdened with a staff not requested by it stalling PC's own g r a d u a t e recruitment drive
Powers of recr to be vest P Administ Commissi
10・ Institutions on Regional Administration taken over by the c e n t r a l government
Recalling the PC Secy and his staff back by the Government
Re-vesting t
Secy and h under the
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
Scenario Alternative Responsibility
in the pment , not vailable ted funds
Making the funds available as allocated
The FC, the Ministry of PCs and the Treasury
in 2007. interim pending
The Ministry of PCs and the Treasury
me, the of PC ation is d
ries of the ernment n same
e PC and pecial s such as uma etc
Making all relevant funds available and confirming the allocated funds at Yr start
Provision of all relevant funds to PC allocated at Yr start
able staff
ts are no made
d with not by it own a t e rive
The Finance Ministry, The Treasury and the PC Ministry
Powers of recruitment to be vested with P C Administrations Commission
The Finance Ministry, The FC, the Treasury and the PC Ministry
PC Secy aff back the ent
Re-vesting the PC Secy and his staff under the PC
The President, Minister for PCs and Public Services Minister
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re for Policy Alternatives 74


Page 76
Outreach
..
Group A Current Scenario Alterna
11' Overseas Projects of the PC being run by Central Govt
1. Ministry of PC handling the PC road building 2. PC list subjects run by Nation Building Ministry 3. Min of Education 4. PEAS Project run by Min
of Irrigation 5. IFAD Project run by Min
of Agriculture 6. Some Other Projects run by Education and Health Ministries
Run overs projects d the PC ac 22 of PC
12' Need for AGs assent to pass PC bye-laws
Even though it is procedurally not required to forward to AG but only done as per tradition, AG offering conflicting/ contradictory views on p e n d i n g legislation
Formatio draf com the obta view prom
Meth
impl mec prom laws
13.Confusion in implementation of both central govt and PC powers when it comes to river bed resources including mining
Using alternative ways to implement PC powers (Eg: Resources Dept's 05/2001 circular to perform powers of the River Basin Authority)
Impleme Am give
The Team: Chief Minister Bertie Premalal, Coor d Secy: Premasiri
MP RB Gnanathilleke, ADDtl Secy, Chief Ministry SMW Somasin Chief Ministry A Kularathne, Sunanda Thennakoon-Secy-P Commission, WA Ariyarathne, PC engineering (Director Financ
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
ent Scenario Alternative Responsibility
PC handling ad building jects run by Building
cation ct run by Min ion
t run by Min lture Projects run cation and
inistries
Run overseas funded projects directly by the PC according to S 22 of PC ACT
Min of Policy Planning and Implementation, Min of Finance, Foreign Affairs Dept, Min of External Resources
ough it is edurally not uired to ard to AG only done as tradition, AG fering flicting/ tradictory ws on n d i n g slation
Formation of a legal draftspersons committee for the PC and obtaining its views before promulgation
Methodical implementation mechanism to promulgate bye- laws
The President
ternative ways mplement PC ers (Eg: ources Dept's 001 circular to orm powers of River Basin hority)
Implementing the 13th Amendment as given
The Parliament and the
President
l, Coor d Secy: Premasiri Hettiarachchi, PC ief Ministry SMW Somasinghe, ADDtl Secy, nda Thennakoon-Secy-PC State Services ineering (Director Finance)
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
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Outreach
Group
Group B Reports
Presented by WH Munasinghe - A
Group B Current Scenario Alternativ
1' Non implementation of 13 Amendment in
Remains the same full, govt interference in implementation, lack of funds 2' Issues in obtaining qualified human resources
..
Influencing t
Accessing L
4' Some officials directly answering to the central government
Obstacles through various circulars, lack of funds
Influencing th
Accessing Leg
3'Politicians and officials d e d i c a t e d t o development work discontinuing their stations after some time
Lack of status, privileges Making pro
afford privileg
Remains the same and results in admin issues such as in Education and health
Re vestin subje powers central with the
5 Lack of Sinhala and Tamil translators for legal work
All correspondence
only in Sinhala
Removing
appoin such Permis regulat Governor
empow
6. Needs of various minorities within the PC are left unfulfilled
Not aserious issue E n a b l
representa
7. Enlarging the Ministry of PC according to new regulations
Not necessary
8. Creating direct Parliamentary representation
--
--
9. Naming the permanent members of the Cabinet
Not necessary
Lacking in representation Chief min present meeting
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
B d by WH Munasinghe - ADDL Secretary, Planning
t Scenario Alternative Responsibility
ame
Influencing the Govt
Accessing Legal system
rough ulars,
The PC, the people
Influencing the Govt
Accessing Legal system
The PC, the people
vileges Making provision to afford status and privileges to them
The Central Government
e same sults in issues as in ion and
The relevant line
ministries
ndence inhala
Re vesting of subjects/ powers with central govt with the PC
Removing obstacles to appointment of such personnel, Permission of main regulation 71 Governor being
empowered
The relevant line
ministries
issue E n a b l i n g
representation
Regional political leadership
ry
y
-- --
--
--
sentation Chief minister to be present in all Cabinet meetings
The President
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re for Policy Alternatives 76


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Outreach Group
Group C Reports
Presented by HPS Jayarathne -
Group C Current Scenario Alternat
01・ Govt transfer PCs to claim and unwilling them
PCs powers not keen to to
Excise Chief Conference
ministers
& Police powers,
02・ Financial Issues 1- Financial resources already vested are insufficient II- Dependency on the Central govt handouts III-Shortcomings in criteria re govt handouts IV- Allocated funds not received on time and in proper amounts V- Salaries and benefits due to officials are not able to be paid for lack of funds VI- Facilities for provision of PC and govt employees
3. Human Resources -Lack of --Recruitment, transfer and promotion etc related issues
..
Mutual u implemen proposal
-Funds are less than 10% of PC needs
-Introduc resou -90% dependency on govt handouts -PSD Guidelines lacking
-Strenghte resou
and / or outdated
-Determin -Limits imposed by
speci circulars -95% recurrent expenditure and 50% of capital expenditure funds not received on
-Only Allo
be m full a to PC
time
-Preparati -Unable to repay
w -Midway discontinuance
acc -Lack of funds and not
chan received on time
numb -Govt not reimbursing funds needed for new appointments, increments and
-Implemen all em equal
additional emoluments
only 50% vacancies exist Limits on recruitment Need for Permission Salary issues Delay in disciplinary
decisions
Estab adm serv level
4. Lack of Physical
Resources
Existing infrastructure
1. Alloca isvery old and high
annua maintenance costs
basis 2. Annual infr maint
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province p C nted by HPS Jayarathne - Director-Budgets
nt Scenario Alternative Responsibility
e powers,
Mutual understanding, implementing the APRC proposals
ss than eds ency on
s es lacking ted ed by
t nd 50% of
iture eived on
ay ontinuance s and not me
bursing for new , d oluments
The Central Govt and the PC
-Introducing new
resources -Strenghtening exisiting
resources -Determinig criteria as per specific needs of PCs -Only Allocations that can be made available in full are provisioned to PCs -Preparation of a system w h i c h accommodates changing official numbers -Implement action so that all employees enjoy equal rights
The Central Govt and the PC
The Central Govt and the FC The Central Govt
The Central Govt and the FC
The Central Govt
ncies exist itment ission
isciplinary
Establishing administrative service at regional levels
The Central Govt and the PC
astructure d and high nce costs
1. Allocating resources annually on a ratio basis 2. Annual contribution for infrastructure maintenance
The Govt
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
77


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Outreach
..
Group C Current Scenario Alternative
5. Legislatives intepretations twisted in favour of the central government
Eg: AGs opinion when the Kegalle Hospital was taken over
Creating a
legal of is respon the PC
6. Obstacles to implement subjects mentioned in t h e concurrent list
lengthy and unclear legal
procedure
Govt blocks PCs efforts through its own legislation
R e m o concu lists
7.Weak participation by PC in the decision making process of central government in PC related affairs
Appointing minist Cabin Minist
8.Govt officials' unwillingness to accept PC bye- laws
Only PC Minister participates
1. Non acceptance of bye-
laws 2. Conceding that govt's laws are more powerful and 'in force'
Creating aw
the of changi attitude
9. Taking over of PC's subjects based on national policies
The 10000 lakes
programme National Schools
Remove 'nat
approach Are there set c nationa Defined?
The Team: KH Nandasena, Chairman, PB Dissanayake-MP PC, BG Mahindaathne-Re Director, Provincial Agro Ministry, Neil de Alwis-Secy of PC Agro-Irr ADDl secy-PC (Finance) Agro-Irrigation Ministry, Vaidyakumara A and S Jayarathne - Secy Office Budget Officer
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
Scenario Alternative Responsibility
when ospital er
Creating a post for legal officer who is directly responsible to the PC
Central Govt and the
PC
ear legal
s efforts ts own
R e m o v e concurrent lists
Central Govt and the PC
nister s
Appointing PC Chief ministers to the Cabinet of Ministers as well
Central Govt and the PC
e of bye-
at govt's powerful
Creating awareness for the officials and changing their attitudes
Central Govt and the PC
es Remove 'national policy'
approach Are there set criteria for the national policy? Defined?
Central Govt and the PC
PC, BG Mahindaathne-Revenue Commissioner, M Piyasena, Alwis-Secy of PC Agro-Irrigation Ministry, G K Damayanthi- Ministry, Vaidyakumara Alwis-Ayurveda Commissionr PC fficer
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re for Policy Alternatives 78


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Outreach
Group Reports
..
Group D Presented by HPS Jayarathne -
Group D Current Scenario Alterna
1' Issues when exercising the theoretical powers given to the PCs
Amending in a way t accountab
Redistribu concurren subjects
Restructu govt depa smaller
2 The functioning of the Executive Presidency hampers PC system
Delays in AG approval for bye-laws and certain bye-laws adjudged in favour of the govt
Delaying President's appointee to the P o l i c e Commission S 15(2) of PC Act enables the president to exercise certain powers over the governors (Eg: Dissolving the NCP)
Clearly s the p the g and s exe pow with gove Specifying in app of co mem
3. Recalling PC powers back to the central government
Agrarian National Services,
Schools
Enacting recall 2/3r majo shou obtai
4. Difficulty in implementing the financial powers
Limitations by central government circulars, limits on obtaining loans, PC financial provisions legislated
Amend
Fin Con the c state
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
p D nted by HPS Jayarathne - Director-Budgets
ent Scenario Alternative Responsibility
AG approval
Amending legislation ws and
in a way that AG is e-laws
accountable to the PC in favour of
Redistribution of concurrent listed subjects
Restructuring central govt departments smaller
President's intee to the l i c e mission of PC Act bles the ident to cise certain ers over the rnors (Eg: olving the )
The PC
Clearly specifying the powers of the governors and stating that executive power vests with the governor Specifying time limits in appointments of commission members
Central Govt
n Services, onal Schools
Central Govt
by central ent circulars, n obtaining C financial ns legislated
Enacting that when recalling powers, 2/3rd PC majority consent should be obtained
Amend S 148 "PC
Central Govt Financial Control is with the central govt" statement
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
79


Page 81
Outreach
Group D Current Scenario Alternativ
5. Development related allocations not received
..
The FC depends on the t r e a s u r y recommendations for PC allocations Ill defined criteria resulting in non receipt of fiscal allocation (Eg: 2007 Estimates were 426 m but received only 238m) Non availability of funds for new expense decisions by the central govt
Expanding th FC, clea income between the PC
6. Not receiving s u f f i c i e n t allocations
Only 34% of the total estimate was released.
To institute re all appro to be p fiscal i then wa them
Allocating fu basis for the PC 7. Central govt performing PC subject functions
The Central Govt has completed 386.7 m (2007) in irrigations (71.6 m), agro (3.7 m) for PC secretaries
Bringing reg
these performe
8.Short staffed and obstacles to create new posts
Different priorities for the Central govt and the PC, need of Management Services Dept's permission
Widen PC St
Powers
9.Auditing process
The auditors' opinion that the Treasury circulars are more in force than Governers' Circulars E m b a r r a s s i n g Investigations by the govt on PC officials
Appoint a PC
Ombudsm
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
t Scenario Alternative Responsibility
s on the u r y tions for s
sulting in of fiscal g: 2007 re 426 m nly 238m) funds for decisions
govt
Expanding the powers of FC, clearly defining income sharing between the govt and the PC
The Central Govt
The Central Govt
The Central Govt
e total eleased.
To institute regulation that all approved funding to be passed and if fiscal issues arise, then ways to fulfill them
Allocating funds on equal basis for the govt and the PC
ovt has 86.7 m igations (3.7 m) aries
Bringing regulations that these should be performed by the PC
The Treasury
for the t and the of Services sion
Widen PC State Service'
Powers
The Central Govt
ion that circulars rce than irculars
s i n g s by the fficials
Appoint a PC-AG and an
The Central Govt Ombudsman
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re for Policy Alternatives 80


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Outreach
Group D Current Scenario Alternat
10.Issue of devolving fiscal powers to PCs
..
-Even though Pradeshiya Sabha accounts were under PCs till 1992, lately they are vested with Govt supervision. -Inability to execute fiscal powers through Pradeshiya Sabhas since PCs are independent entities
Clear defin national po enlisting PC contributio national po creation
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
nt Scenario Alternative Responsibility
gh
Sabha ere under 2, lately sted with vision.
execute rs through Sabhas are
t entities
Clear definition of
Legislature national policy and enlisting PC
The Executive contribution in national policy
The Judiciary creation
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
81


Page 83
Outreach
Group Reports
..
Group E Presented by A Thalakotunage -
Group E Current Scenario Alternativ
1. The 13th Amendment is
not a reality
2.Centralised power and national policy structures
-Inconsistencies among
Removing t various provisions of the
discrepencie constitution lead to legal
constitution obstacles
introducing -S 76 of the constitution
amendment still in force contravening 13 Amendment's S 154 E.
Clear distin -Non implementation of
concurrent the 13th Amendment and
and re-devo lack of a conducive
powers betw environment for it
govt and the
Defining
policy when them, contri
3.Vacant posts are left unfilled and problems thereto
Retaking of powers & subjects of PC on the pretext of implementing national policy Eg: Teaching Schools
Not affording priority for PC requirements since islandwide appointments are made through the govt's appointment setup
Eg: When it comes to new appointments, priority given to central govt vacancies
steps to en filling of v
steps to en approval a Manageme Departmen vacancies
4.Creation of financial crisis due to non provision of funds in a timely manner and reducing funds by 7%
The traditional reduction of funds allocated to the PC and further reductions and delays in issuing the remainder
Funds reco the FC to the PC wi
TABLE I
Making av funds in l allocated
5.Inability to implement development plans due to uncertainly in receiving funds from FC
Recommendations by FC
The treasur for PCs are further reduced by the govt.
confirm tha recommen Eg: 2007 -Recommended
FC will be amount for recurrent expenditure 6356 m Estim: 5315 Received: 5200
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
E ted by A Thalakotunage - Chief Secy
t Scenario Alternative Responsibility
among
Removing the s of the
discrepencies within the to legal
constitution and introducing tehrelevant titution
amendments ravening S 154 E.
Clear distinction of tion of
concurrent list subjects ent and
and re-devolving the ve
powers between the t
govt and the PC
ers & PC on xt of nting icy hools
The Legislative
The Executive
The Judiciary
The Legislative
The Executive
The Judiciary
riority for ts since ointments gh the
ent setup
mes to new
riority l govt
Defining national policy clearly and when intepreting them, enlisting PC contribution
Officials enlisted to be appointed islandwide and Management Services Department
al reduction cated to the er nd delays in
mainder
steps to ensure prompt filling of vacancies
steps to ensure prompt approval and service of Management Services Department in filling of vacancies
Funds recommended by the FC to be passed to the PC with no changes
Making available Interim funds in lieu of allocated funds
The FC and the Treasury
ions by FC ther e govt.
mmended urrent 56 m
The treasury should
The FC and the confirm that funds
treasury recommended by the FC will be received
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Outreach
..
Group E Current Scenario Alternat
6.Trying to destabilise the PC functions due to the central govt's interference
The govt, using massive funds, getting involved in PC subject activites Eg: Maga Neguma, Vaari Pubuduva, 10000 Lakes..etc
Direct fund for PCs for ubject activ
7.Lack of a strong regional civil society
Create awa and strengt civil society
8.Central govt laws restricting use of PC's resources for the benefit of PC itself
The civil society not aware of its rights and not taking any actions towards it
Taxes on PC resources, re-vesting with the central govt Eg: forests
Invalidating that contra powers of
9.Central govt officials blocking implementation of devolution attempts
Fear of loss of powers and need to preserve status
Eg: Excise powers, Motor vehicle registration powers
Creating aw the officials disciplinary
The Team: GamageWeerasena, Minister for Health and Social Welfare--Anil Rathnayake PC MP--A Thalakotunage, Secy--R Surendra, Deputy Chief Secy Finance--- Sunil Bandara, Deputy Chief Secy Engineering--R B Weerasekera, Addtl Secy, Highways and Irrigation ---- Gnana Wijayasinghe, Addl Secy for Finance, Highways, Power and Coops---Gamini Sarath Liyanage, PC Irrigation Director
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
nt Scenario Alternative Responsibility
sing massive
g involved in activites eguma, duva, 10000
Ministries with the Executive
ciety not s rights and any actions
Direct funds provision for PCs for their ubject activities
Create awareness and strengthen the civil society
The central govt and PCs
C resources,
ith the t
Invalidating circulars that contravenes sbject powers of the PC
Respective Ministries and the Central Govt
powers and
e status
ers, Motor tion powers
Creating awareness for the officials and taking disciplinary actions
Central govt officials
Health yake PC
nance---
y Addtl --- Gnana ance,
amini irector
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
83


Page 85
Outreach Group
Group F Reports
Presented by Viraj Perera - Com
Group F Current Scenario Alternati
1. Minimising central govt funds for PCs
..
Creating a l environmen enhance inc
2. Non receipt of adequate funds at present
90% of current PC fund requirements are met by the govt
Not issui within a d period
3.Issues to implement the constitution
Not availability of funds for PCs due to lack of money in treasury Despite clear devolution of power, lack of interest in implementation
Providing implement
4.No importance for regional development plans
Not receiving finances as not affording importance for regional development plans
Give impo regional d plans
5. The Central govt implementing PC functions without consent of the PC
The govt intentionally ignoring PC functions and implementing by itself
Make the funds avai PC 6. Due to challenges mentioned above, the devolution of power concept has become unpopular among the people
Unpopular/dissatisfied In consens PC and the allowing th its duties a the necess
7. Reclaiming powers devolved in the 13 Amendment back to the govt, the
The PC has failed to create line ministries on t he subjects devolved
The PC has failed to create line ministries on t he subjects devolved
Non categorisation of schools and non provision of funds to their development
non provision of development funds to hospitals
When imp plans on s made sans particular l ministries, funds and the PCs
Vest these under the P provide fin
8. Weak coordination between the PCs and the govt
Central
govt performing main activities of the PC and confusion as to who is finally responsible for the development of the region. Eg: 1. Maga Neguma & Gama Neguma function on a top to bottom plannig approach 2. Issues due to taking over of National Schools and Hospitals 3. Taking over of Administration and Agrarian Services
Min of PCs established Bringing M under the d the Preside up appropr
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

North Central Province
F ted by Viraj Perera - Commissioner for PCs
nt Scenario Alternative Responsibility
C fund e met by
Creating a legal environment for the PC to enhance income
The PC and the Central Govt
of funds for of money in
Not issuing funds within a dsignated time period
The Finance Commission, Treasury
volution f interest in
Providing opportunity implement fully
to
The PC and the Central Govt
finances g regional lans
The Central Govt
onally
tions and itself
Give importance for regional development plans
Make the necessary
The Central Govt funds available to the PC
satisfied In consensus, both the
PC and the Govt allowing the PC to fulfil its duties and providing the necessary funds
The PC and the Central Govt
d to tries on t olved
d to tries on t olved
ion of n
ds to nt
f nds to
When implementation plans on subjects are made sans creation of particular line ministries, provide funds and support to the PCs
Vest these subjects under the PC and provide finances
the Central Govt
blished Bringing Min of PCs
under the direct control of the President and setting up appropriate mechanism
the President
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re for Policy Alternatives 84


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Outreach
The Team:
S Gunerathna, Chief Organiser of the Governing Party---Viraj P Vanninayake, Secy, Chief Ministry----K Jayalath, Secy, Min of I Regional Director, Helath and Livestocks---TB Wijesooriya, Com Cooperatives---Nimal Karunathilleke, PC Admin Department D
..
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

North Central Province
Governing Party---Viraj Perera, Provincial Commissioner---RB --K Jayalath, Secy, Min of Industries----TG Rathnayake,
cks---TB Wijesooriya, Commissioner for Development of , PC Admin Department Deputy Director (Finance).
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
85


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Outreach
..
U
VA P
ROVINCE
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

U
A P
OVINCE
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 86


Page 88
Outreach Group Reports
..
Group A Presented by Manel Rathnayak
Group A Current Scenario Alternat
1. Reluctance to devolve the centralised powers
Reluctance powers
to devolve
Implemen
fully
2. The FC nor the PC has powers to redistribute collected revenues
Highly dissatisfactory
Allocatin from colle for l PCs. PC t do th 3. No political will on the part of the state leadership to devolve powers
Focus t thro unde
4. Taking steps to improve the standard of living of minorities and groups not represented in the PC
No political will on the part of the state leadership to devolve powers
The finan recei base polic
5. Top-down approach in planning process Eg: Foreign funded projects such as Maga Neguma etc run on plans from the top
No space to address issues of minorities within PCs
The top down planning approach cannot be approved
Consensu
Cent prov
6. Confusion as to who is finally responsible for the development of the region as key service sectors run by the govt
Confusion as to who is finally responsible for the development of the region as key service sectors run by the govt
Allocatin clear
7. The regional citizen has no voice in choosing thier own livelihoods
Take
stre orga
8. Retaking of Central Govt Administration and Agrarian Services from the PCs
--
RemovingCentral Govt Administration and Agrarian Services from the PCs
Centra Admin Agraria vest un 9. Contradictions between the govt and the PCs on state service Transfers, promotions and appointments
Contradictions between the
Appointm govt and the PCs on
perso state service
done Transfers, promotions
PC's and appointments
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Uva Province p A nted by Manel Rathnayake - chairman, Uva PC
nt Scenario Alternative Responsibility
to devolve Implement 13 Amendment
Democratic Parties fully
isfactory
Allocating a percentage from the national tax collection revenues for less developed PCs. The FC and the PC together need to do this
The FC, PC and the govt
ll on the part te leadership e powers
The political parties and
civil society
ress issues ties within
Focus the leadership through awareness/ understanding
The financial allocations received are shared based on national policies
All political parties represented in the PC
n planning h cannot be
Consensus between the Central govt, PC and provincial institutions
The Central govt / PC
to who is ponsible for pment of the key service n by the govt
Allocating responsibilities
clearly The Central govt / PC
Take measures to strenngthen civil organisations
The Central govt / PC
ntral Govt ration and Services Cs
Central Govt Administration and Agrarian Services re- vest under the PCs
The Central govt / PC
between the the PCs on service , promotions intments
Appointment of special personnel to the PC done solely through PC's discretion
Central Govt
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
87


Page 89
Outreach
..
Group A Current Scenario Alternative
10. Re integrating
national schools and hospitals back to PCs
Re-vesting na
hospita schoold and pro funds n 11. Resolving issues
between the central govt and the PC on passenger transport
national hospitals and
schoola are currently not under PCs
Give equal po PC on p decisio
12. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Powers on passenger
transport are vested with the Transport Commission
The standard of living of minorities and groups not represented in the PC is limited to powers of the PC
Identifying sp
needs, f needs a specific
13. Creating an
organisational structure that addresses needs of the region, has data on the region, conducts research, and runs appropriate beneficial programmes
There exisits an organisational structure that addresses needs of the region, has data on the region, conducts research, and runs appropriate beneficial programmes
Establishing institut immed activat
14. Improperly defined
concept of 'national policy'
The 'national
should the 13 A proviso
15. PC system in crisis due to retaking of powers given through 13 Amendment
Definition of 'national
policy' should change in the post PC era
PC system in in grave crisis
due to retaking of powers given through 13 Amendment
Taking immed to vest t their po
16. Creating a mechanism
to lessen differences among the PCs
An active apparatus is
Essential functioning to lessen differences bertween the PCs TheTeam: Manel Rathnayake, Chairwoman---M Somathilleke, Secy to Governor, P L Dayarathna Bandara, Minister of Sports--Upali Samaraweera, Oppo
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Uva Province
Scenario Alternative Responsibility
and urrently s
Re-vesting national hospitals and schoold under PCs and provision of all funds needed
The Central Govt
nger e vested ansport
Give equal powers to the PC on policy decisions
Central Govt, Min of
Transport, PC Min of Transport
ving of oups not PC is of the PC
Identifying specific
needs, fulfilling their needs and running specific programmes
The PC, Political
Groups
of ata on ucts
s ficial
The PC
nal ld e post
Establishing such an institution immediately and activating it
The 'national policy'
should run along the 13 Amendment provisos
The PC and the Central
Govt
ave crisis ng of
through nt
Taking immediate action
to vest the PCs with their powers
The Parliament and the
President
tus is
to rences e PCs
Essential
The Parliament
leke, Secy to Governor, P Loganathan MP PC---- Upali Samaraweera, Opposition Leader
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re for Policy Alternatives 88


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Outreach
Group Reports
..
Group B Presented by DS Amarasinghe
Group B Current Scenario Alternati
1. Improperly defined concept of 'national policy'
Lack of a clear definition Declaring
based 'na
2. Inability to implement the language policy'
Policy confusion Include in
policy-sho
3. Under 154 E the limit of appointing only five ministers needs to be revised
No of min be in seve 4. Making the provincial institutional heads accountable to the provincial admin and making the PC heads accountable to the Parlaiment
The current condition
needs to be changed
Not at present Amend Ac repre
5. Powers of the provincial institutions, PCs and the Govt need to be set out in a document
Confusion Document
respo
6. 154 K, 154M, 154 H, 154R sections in the constitution should be amended
No confidence in the devolution of powers since not independent
Ensure ind amend acco
7. Confusion of powers when it comes to river valleys and sand mining
Problematic Consensus
Govt and th
8. Conflicts between the PC and the Govt in appointments and transfers in public service
Problematic Come to c
discussio
9. Taking steps to improve the standard of living of minorities and groups not represented in the PC
No representation at
present
Introduci sys
10. Expertise and specialist knowledge being with the Govt is a limitation on PCs
The Go its expe take ste such sp 11. The Central govt, through its Management Services Board does not allow appointments of personnel to the PC
Very Problematic
Very Problematic Manageme Board shou
12. Prevent incursions into PCs functions by the Central Govt
Problematic Avoid inc change th quo 13. Set up mechanism to reduce differences between various PCs
Problematic Remove di
between va
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Uva Province
p B nted by DS Amarasinghe -Secy, Uva PC
t Scenario Alternative Responsibility
definition Declaring a consensus based 'national policy'
The PC and the
Parliament n Include in the education
policy-short term solutions
The PC and the govt
dition e changed
No of ministers needs to
be increased to seven
The Legislature
Amend Acts for
representation
The Legislature
Document with specific
responsibilities
A committee representing
all parties in the Govt and PC idence in the powers since independent
Ensure independence and amend accordingly
The Legislature
Consensus between the Govt and the PC
The Central Govt and the PC
Come to consensus after discussions
TheCentral Govt and the PC
tion at Introducing a new
system
The Legislature
tic
The Govt needs to allocate its experise bank fairly and take steps to provide with such specialists
The Govt
atic Management Services
Board should be flexible
The Govt
Avoid incursions and change the current staus quo
The Govt
Remove differences between various PCs
Through a committee appointed by the Govt
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
89


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Outreach Group Reports
..
Group C Presented by Aravinda Kumar -M
Education Ministry
Group C Current Scenario Alternativ
1. PC officials status placed lower than Govt officials
The Same Create aware levels of resp PC officials
2. Duplication of efforts by both the Govt and the PC
National Mini same function ministries mad their limitation 3.Some aspects are duplicated even within the PC system itself
---do----
---do---- Each sections identify their f limits 4. Govt officials are against devolution of power
Presidential S mediating in s where devolu opposed 5. Re integrating national ---do---- schools and hospitals back to PCs
---do----
Vest with the with relevant
6. Resolve issues between the Govt and PC on passenger transportation
Remove obst limitations of implementatio 7. Avoid delays in re- channelling provincial taxes back to PC and assist local govt institutions in regional development
---do----
---do---- Organise in s
that these is not arise
8. Retaking of powers given by 13 Amendment and the crisis thereto
Stop recalling and disallow leadership
9. Concurrent list should bring a balance of power between the Govt and the PC. However, Sri Lanka's experience is that the devolved powers get 're- centralised'. The Concurrent list is a result of lessons from countries such as India. How should this be adopted for Sri Lanka?
---do----
---do---- Re evaluate t in the Concur give powers b PC.
10. Re-evaluate role of the Governor
The Governe ---do----
guidance on 1 Amendment, PCs and PC A
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Uva C
Province
ed by Aravinda Kumar -MP PC, & L Rajadasa-Secy
cation Ministry
t Scenario Alternative Responsibility
Create awareness on the levels of responsibility of PC officials
PC Mnistry, All relevant institutions
National Ministries with same functions as PC ministries made aware of their limitations
PC Ministry, relevant Ministries, Presidential Secretariat
Each sections need to identify their functional limits
Chief Secy and Heads of each function
Presidential Secretariat mediating in situation where devolution is opposed
Presidential Secretariat, Divisional secretariat
Vest with the PC along with relevant provisions
Ministry of Health and Education
Remove obstacles to limitations of implementation
PC Ministry, Natonal Transport Commission
Organise in such a way that these issues do not arise
Secy- PC Ministry, Institutional heads
Stop recalling powers and disallow such leadership
Presidential Secretariat, PC Secys
Re evaluate the functions in the Concurrent list and give powers back to the PC.
Presidential Secretariat, PC Secys
The Governer needs guidance on 13 Amendment, powers of PCs and PC Act
Presidential Secretary and Governors
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Outreach
..
Group C Current Scenario Alterna
11. Implementing the language policy with
---do----
strong political will
---do----
---do----
---do----
---do----
Essential t
12. Enable PCs to resource foreign aid directly
PCs shou resource f directly
13. Run Ministry of Law and Order of the PC in sync with the Govt
Ministry o Order of th function in Govt and create obs Amendme
14. Removing legal obstacles by the govt on using PC's own resources for the PC
Removin by the go own reso benefit P
15. Creating a mechanism to implement and evaluate recommendations of the PC Governors and Ministers
Establish unit that w the decis recomme
The Team Aravinda Kumar-MP PC, SL Rajadasa Secy Min of Education, Vijitha Verugoda, PC MP, KD Sirisena, Secy Power Ministry, Kumarasiri Rathnayake, MP PC
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Uva Province
ent Scenario Alternative Responsibility
Essential to implement All heads of PCs
PCs should be able to resource foreign aid directly
Presidential Secretariat, PS Secys
Ministry of Law and Order of the PC should function in sync with the Govt and should not create obstacles to 13 Amendment
Presidential Secretariat, PC Ministry Secys
Removing legal restrictions by the govt on using PC's own resources for the benefit PC
Presidential Secretariat, PC Ministries
Establishing a special unit that will implement the decisions and recommendations
Ministry of PCs
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- Centre for Policy Alternatives
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Outreach Group Reports
..
Group D Presented by Vijayamuni Soysa -
Group D Current Scenario Alternative
1. Lack of funds to develop infrastructures in the PC region
Not satisfactory Stop executi functions by enable PC to them 2. Separate units for policy, budget and plans, and separation of recurrent and capital expenditures
Give discretio implement as
3. Ignoring the private sector in PC service provision
Currently based on the recommendations of the FC
Prompt permi plans approve
4. Appointing a go- between person to coordinate with the FC
Though plans are in place, neither permissions nor funds given
What is need guidance and recommensat of influences.
5. Delaying the redistribution of collected revenues back to local governance and systematic support to PCs in regional developments
6. Commencing a unit specialised in the knowledge of the PC's region with data and research
The FC has influence in decisions
Takes place now Allow withou
Not exisiting now Essential. Al
site
7.The FC not the PC having no powers to redistribute the collected revenues
The Team
Gamini Vijayamuni Soysa, Chief minister of Uva, Ananda kumarasiri- MP PC JM. Goonethilleke - MP PC Sumith Suraveera - Secy, Sports Ministry of Uva Province WM Attanayake - Deputy Chief Secy- Uva
Not relevan
8. Making the annual allocations avaialable to the PCs on time
Not relevant
Not done now Making the fu available as p
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Uva D
Province
d by Vijayamuni Soysa -Minister of Uba Province
Scenario Alternative Responsibility
Stop executing PCs functions by Govt and enable PC to function them
Minister of Finance of the Govt
n the of the FC
Give discretion to PC to implement as it wishes
Minister of PCs and Locla Governance Minister of the Govt
in
issions
Prompt permissions for plans approved by the PC
The Govt cabinet of Ministers
ce in
What is needed is the guidance and recommensations instead of influences.
The Financial Commission
Allow without delays
The Financial Minster of the PC
Essential. Also a web site
a,
va
PC Secy
Not relevant Not relevant
Making the full funds available as per estimates
The FC
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re for Policy Alternatives 92


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Outreach N W P
ROVINCE ORTH
ESTERN
(W
AYAMBA
..
Programme on Strength
)
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

N
RTH W
ESTERN P
OVINCE
(W
AYAMBA
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
)
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Outreach Group Reports
..
Group A Presented by Prasanna Senarath -
Group A Current Scenario Alternativ
1. Reluctance to
decentralise
3. No political will on the part of the government to implement devolution despite PCs being there for two decades
4. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Create bye- implement t
Allocating c amount from collected re
All PCs sho together cre awareness a to a consen
2. The FC nor PC has no
power to redistribute revenues collected
Governments coming to power so far have been not keen to implement 13 Amendment powers fully Not providing finances sufficiently No freedom for party politics Reclaiming through administrative procedures Reclaiming powers through Parlaimentary Acts
Rather than amount
collected and the need, distributing based on other criteria
Allocating a percen the rev collect
The ruling party and the
opposition agree to 13 Amendment based on international pressure
Formulating other s needed strengt subjec concur be inte the PC
5. A Top Down approach
in planning (Eg: Maga Neguma)
The Same MP Represen
based on eth
Without the PC being
aware, provosion of funds and projects through line ministries
National lev should formu on reg provin planni
6. Services are vested with
the government and it is not clear as to who is responsible for the development of the region
This is a developing scenario
Clarifying th positio devolv
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Wayamba A
Province
d by Prasanna Senarath -Chief Organiser, Opposition
t Scenario Alternative Responsibility
ming to e been
Create bye-laws to implement the subjects ment 13 ers fully nances
Allocating certain amount from the collected revenues arty
ugh
All PCs should together create awareness and come to a consensus ers entary
MP Representations based on ethnicity
Ministers in charge of functions, Chief Ministers' conference, team consisting of party leaders in the PCs
unt nd the
ther
Chief ministers, the FC and the Treasury
and the agree to
ent
al
Allocating a certain
percentage from the revenues collected
Formulating legal and other structured needed to strengthen the PC, subject in the concurrent list to be integrawted to the PC list
Chief Ministers, the Finance Commission and the Treasury
eing osion of rojects
The Govt, Party Leaders and Ethnic leaders
National level plans
should be formulated based on regional and provincial level planning
Ministry of Policy
Implementation, A Planning Commission
ng Clarifying the legal
position of devolved subjects
The Parliament
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Outreach
..
Group A Current Scenario Alterna
7.Citizen's not consulted
when it comes to deciding their livelihood
9. Disputes between the government and the PC on appointments, transfers and promotions
Despite using various methodologies to receive puyblic input, public are still not trusting the PC
Creting a assuagin in such a their trus 8. Re integrating the Govt
Administration and agrarian services back to PC
The government
The began strengthening them once they were taken over
AG, P Nil offi of c to b wit Differnces have been
ironed out to a great extent
Creating
on ap trans prom the the 10. Re integrating the admnistration of national level schools and hospitals back to PCs
Re inte schools
11. Resolving issues with regard to passenger transport
--
Problems in inter state bus transport
Prepara policy by all P
12. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Being solved on its own Not re
13. Commencing a unit specialised in the knowledge of the PC's region with data and research
No such institution now Set up
institut
14. The term 'national policy' is ill defined
'Yes'
The ter policy' defined
The Team
Minister Darmasiri Dassanayake, Shama Prasanna Senarath, Somasir Ekanayake, Upulangani Malagamuwa, ananda Punyakumara, Sunil Padmashantha and Hiyarapitiya
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Wayamba Province
ent Scenario Alternative Responsibility
g various es to receive t, public are ing the PC
The PC, the Govt and the PS
nt
ening ce they en over
Creting a method of assuaging public input in such a way that their trust is won The AG, PS Secy, Grama Niladhari and officlas in charge of concurrent list to be re-enlisted with the PC
The Govt
ve been ut to a tent
Creating national policies
on appointments, transfers and promotions with the consensus of the PC
The PC and the Govt
Re integrate national schools to the PC
Ministry of Education
inter state bus
Preparation of a national policy formed together by all PCs
PC Ministry and Transport Ministry
d on its own Not relevant Not relevant
itution now Set up such institutions
The PC
The term 'national policy' should be defined well
The Parliament
asanna Senarath, Somasiri da Punyakumara, Sunil
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
95


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“
Outreach Group Reports
Group B Current Scenario Alternativ
..
Group B Presented by UB Thambugala -S
1. The term 'national policy' is ill defined
Formulating c policy for all
2. Not implementing the language policy in practice
Development process halted as no clear policy, changes in policy orientation as a result of governmental changes
Making Tami from element making it com the govt offic Tamil 3. The no of ministers under S 154 E should be increased beyond 5
Halts development and results in ethnic conflict
Ability to ta with the PC implementa evaluation/s
4. Making laws to make local governance heads accountable to the PCs and in turn heads of PCs accountable to Parlaiment
Lack of attention to certain sectors resulting in low levels of development
Issues due to Parliament MPs getting involved in local level politics, local level opinions not reflected in Parliament
Creating an
repres Parliam amend constit
5. Creating a definitive document outlining the powers of the local g o v e r n m e n t institutions, PCs and the central government
Creating a lis throug amendm Constit
. 6. 154 K, 154M, 154 H, 154R sections in the constitution should be amended
Obstacles to
development Disputes Ill defined powers
Public trust in devolution is breached The FC not performing its designated tasks
Amending th so that the P
7. Power struggles between the PC and the Govt when it comes to issues of river basin and sand mining
Giving decis powers to th certain amo revenues ba
8. Conflicts between the govt and the PCs on state service Transfers, promotions and appointments
Obstacles to development
Disputes between the government and the PC
Vesting all a and transfers PC to the PC Service Emp Commission
9. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Development stalled due to delays in execution of official duties Public services losing on the qualitative aspect
Non availability of equal opportunities
Minorities dissatisfied
Provision o representatio opportunitie amending co fiscal allocat resource allo
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

“
B
Wayamba Province
ted by UB Thambugala -Secretary, Main Ministry
t Scenario Alternative Responsibility
ess policy,
sult of nges
Formulating common policy for all sectors
The cabinet of ministers
nt and conflict
All Ministerial heads and departmental heads
to sulting
Making Tamil compulsory from elementary levels, making it compulsory for the govt officials to learn Tamil
Deciding the numbers and the subjects by the Parliament
iament lved in s, local not ent
Ability to take decisions with the PC Ministries, implementation after an evaluation/study
Creating an opening for representations in Parliament through amendment to the constitution
the Parliament
to t
s
the Parliament
tion is
ng its
Creating a list of powers through an amendment to the Constitution
Amending the constitution so that the PCs get powers
the Parliament
lopment
een the and the
Giving decision making powers to the PC, allocating certain amount of PC revenues back to PC
the Parliament and the PC
due to
official
on the
Vesting all appointments and transfers within the PC to the PC Public Service Employees Commission
National Public Service Commission
equal
fied
Provision of proportional representation, making equal
the Parliament, the Local govt authority and opportunities availabile,
officials amending constitution in fiscal allocations and resource allocations
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Outreach Group Reports
..
Group C Presented by Padmini Kariyaw
Probation and Childcare
Group C Current Scenario Alternat
1. PC officials' status placed lower than Govt officials
2. Duplication of efforts by both the Govt and the PC
3.Some aspects are duplicated even within the PC system itself
4. Govt officials are against devolution of power
5. Re integrating national schools and hospitals back to PCs
6. Resolve issues between the Govt and PC on passenger transportation
Controlling PC officials
Create atti through circulars to retake
Create con delegated powers
between th the PC
Duplication in all matters (Samurdhi/Education/ Welfare)
Identify po PC functio before obt
Same functions exercised by many departments and ministries
Vesting the institution do it
The govt takes steps to implement through various circulars, especially functions in concurrent list
Promulgat laws for PC
Successful schools and hospitals taken over for the sake of 'national wellbeing'
Formulate subject co
Take actio taking
Problematic scenario when it comes to inter-PC transports
Formulate policy
7. Avoid delays in re- channelling provincial taxes back to PC and assist local govt institutions in regional development
Since the available funds are not sufficient for PCs, money due for local govt institutions used by PCs
Making th central go time and i amounts
The Team
Hon. Ashoka Wadigamangawa- Leader of the Opposition
Hon.Lakshman Wedaruva, Hon.Abdeen Ehiya, Hon.Kumari Ekanay Ms Daisy Darmawardene, Ms. Padmini Kariyawasam, Ms. Nayana K
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Wayamba p C
Province
nted by Padmini Kariyawasam -Commissioner, Dept of robation and Childcare
nt Scenario Alternative Responsibility
ficials to retake s
Create attitudinal change Create constant dialogue between the Govt and the PC
Political leadership- Provincial and national Administrative Leadership Provincial and national
l matters ation/
---do-----
exercised by
ts and
Identify powers related to PC functions clearly before obtaining them
Provincial Ministerial 'cabinet'
steps to ugh s, tions in
Vesting the subject on an institution specialised to do it
Promulgation of bye- laws for PC functions
Provincial Ministerial 'cabinet' and the officials
ols and over for the wellbeing'
Formulate specific subject codecs
Take action against re- taking
Provincial Ministerial 'cabinet' and the officials
nario when -PC
Ministries of Central Govt
ailable funds icient for PCs, for local govt used by PCs
Formulate a national policy
Making the funds from central govt available on time and in correct amounts
PC Treasury
the Opposition
hiya, Hon.Kumari Ekanayake, Mr WD Dayananda riyawasam, Ms. Nayana Kariyawasam
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- Centre for Policy Alternatives
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Outreach Group Reports
..
Group D
Presented by Jayantha Wijerathne- Ministry of Agriculture
Group D Current Scenario Alternative
1. Lack of funds to develop infrastructures in the PC’s region
a. Non provision of funds required by the PC resulting in the breakdown of services b. Not receiving funds on time leading to fall of trust by the public c. Due to 'a' above, development efforts delayed and increased required capital investments for them d. Also, funds for PC development activities are given to Govt departments rather than the PC itself
2. Separate units for policy, budget and plans, and separation of recurrent and capital expenditures
Reevaluate cr allocation for -Place weight according to needs of the p Poverty %, Unemployme Geographic s contribution t and include th Constitution
3. Ignoring the private sector in PC service provision 4. Appointing a go- between person to coordinate with the FC
Not at presen to implement change to the 5. Delaying the redistribution of collected revenues back to local governance and systematic support to PCs in regional developments 6. Commencing a unit specialised in the knowledge of the PC's region with data and research
7.The FC nor the PC has no powers to redistribute the collected revenues
This is due to problems of t Funds from t not received
Establish Pro Planning Com through a by
Exists now
Act should to change
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Wayamba D
Province
by Jayantha Wijerathne-Secretary, of Agriculture
Scenario Alternative Responsibility
of funds
vices unds on l of trust
e, rts ased
em PC ities are
r than
Reevaluate criteria in fund allocation for PCs -Place weightage according to development needs of the province- Poverty %, Unemployment%, Geographic spread, contribution to the GDP and include these in the Constitution
The Parliament, Finance Ministry and the Finance Commission
Not at present but needs to implement through a change to the PC Act
This is due to financial problems of the PC. Funds from the govt are not received on time
Establish Provincial Planning Commission through a bye-law
Act should be amended to change
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Outreach
The Team
Mr Ayubkhan, Lakshman Vendaruwa-MP PC, Mohammed Thahir-MP PC, Gunasinghe Banda- MP PC, MM Thasleen-MP PC, GB Jayasundara- Wayamba Provicne Secy, MI Sainudeen, Jayantha Wijerathne, V Malini, Indika Ilangakoon, Mr. WD Dayananda, Ms. Daisy Dharmawardene, Ms. Padmini Kariyawasam, Ms. Nayana Kariyawasam
..
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Programme on Strengthening the Provincial Council System
ruwa-MP PC, asinghe Banda- B Jayasundara- udeen, Jayantha akoon, Mr. WD awardene, Ms. a Kariyawasam
- Centre for Policy Alternatives
99


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Outreach
E P
ROVINCE ASTERN
..
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

E
TERN P
VINCE
gramme on Strengthening the Provincial Council System
re for Policy Alternatives 100


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Outreach Group Reports
Group A Current Scenario Alternati
1. The FC nor the PC has powers to redistribute collected revenues
..
Due to the lack of elected
representatives
Reclaiming PC ba electe repres
2. No political will on the part of the state leadership to devolve powers despite PCs have been in exisitence for two decades
Influenc thro rep The be f inst
3. Taking steps to improve the standard of living of minorities and groups not represented in the PC
4. Top-Down approach in planning process Eg: Foreign funded projects such as Maga Neguma etc are planned by the Govt
Not only the government but even other institutions need to play a role
Suggestions taken in from the levels of Pradeshiya Sabhas and PCs
Full pow devo
5. The regional citizen has no voice in choosing thier own livelihoods
The PC a Sabha correc
6. Retaking of Govt Administration and Agrarian Services from the PCs
The citizen is not given the full opportunity to voice their suggestions
Govt runs them Govt Ad
and Ser be r
7. Contradictions between the govt and the PCs on state service Transfers, promotions and appointments
Give rele the P
8.Re integrating national schools and hospitals back to PCs
Currently performed by the Govt. PCs send their recommendations
The responsibility is
vested with the PC
Vest all p
PC w the w
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Eastern Province (Trincomalee)
nt Scenario Alternative Responsibility
k of elected atives
Reclaiming the powers of
PC back through elected representatives
The PC, the govt and Line
Ministries
ibility is th the PC
The FC, PC and the govt
government en other ns need to e
Influence the govt through elected representatives. The govt need to be flexible in such instances
ken in from evels of a Sabhas and
Full powers should be devolved to PCs
The PC
not given the tunity to voice
estions
The PC and Pradeshiya Sabha work with the correct understanding
The PC
Govt Administration and Agrarian Services should be run by the PCs
The govt
rmed by the s send their
dations
Give relevant the PCs
powers to
The PC
Vest all powers with the PC while removing the word 'National'
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
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Outreach
..
Group A Current Scenario Alternativ
9. Resolving issues on passenger transport between the Govt and the PC
PC should b formal powe
10. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Only a department for highways is found
Perform throu representative
11.Creating a unit that addresses needs of the region, has data on the region, conducts research, and runs appropriate beneficial programmes
PC isnon functional on this
Implemented separately Develop for each section but seerves the Govt
PCs resources. Est coordinating PC
12. PC officials' status placed lower than Govt officials
Central Govt officials think highly of themselves
Province offi same status privileges 13. Duplication of efforts by both the Govt and the PC
Needed: Clea of powers de Acting indep 14.Some aspects are duplicated even within the PC system itself
Actions done without proper coordination
Discussin wi itself and allo slots for it
15. Govt officials are against devolution of power
Somewhat lesser since discussions are constantly held
Correct attit power sharin create aware proper politi 16. Funds not available for infrastructure development
Govt officials are against it
Tasks performed by the Govt. Allocated funds not received.
Improvin the FC
17. Policy formulation, budgeting and planning done by separate units. Recurrent and capital expenditure maintained separately.
Functions separately. But no decision making powers
Give rele to the PC
18. The private sector ignored in PC service provision
Formulate based on manageme
19. Appointing a go- between to coordinate between the PC and the Fianance Commission
No approach right now
No such reps at the moment
Formalisin situation is
The FCs p PC fiances made more
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Eastern Province (Trincomalee)
t Scenario Alternative Responsibility
for PC should be given
formal powers
The PC
al on this
Perform through elected representatives
The PC
ately t
Develop PCs human resources. Establish a coordinating body for the PC
als think es
The PC
Province officials given same status and privileges
The PC and the Govt
out n
Needed: Clear definitions of powers devolved; Acting independently
The PC and the Govt
since Discussin within the PC itself and allocating time slots for it
Chief Secy and all the secretaries
re Correct attitudes on
power sharing needed, create awareness on proper political views
Constitution draftees, PC and the Govt, District Secy
ed by cated ived.
Improving efficiency of the FC
The Govt, the FC and the PC
rately. But king
Give relevant powers to the PC
The Govt, the relevant minister and the PC
ight Formulate an approach
based on sound management
the PC
at the Formalising the current
situation is sufficient
The FCs procedures on PC fiances needs to be made more efficient
Chief Secy
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Outreach Group Reports
Group B Current Scenario Alterna
1. The FC nor PC has no
power to redistribute revenues collected
2. No political will on the part of the government to implement devolution despite PCs being there for two decades
3. Not taking steps to improve the standard of living of minorities and groups not represented in the PC
5. The regional citizen has no voice in choosing their own livelihoods
6. Re integrating public administration and agrarian services to the PC
..
No taxes on Health
sector
The PCs
full
The Volatile security
situation in East has resulted in such decisions
Appoint PC neg Go
4. A Top Down appraoch in
planning (Eg: Maga Neguma)
Since the PC has no
Give full powers on these.
Not independent, no
consistent policies and Govt gets involved
Give ful PC
No mechanism nor attitude Institute tha rep
Most decisions are taken by the Govt
Bring th under th powers
7.Conflicts between the govt and the PCs on state service Transfers, promotions and appointments
All decisions are taken by the Govt
Transf should the gov powers PC 8. Re integrating national schools and hospitals back to PCs
All activities are by the Govt
Give full PC but in Govt, all prevail
9. Resolve issues between the Govt and PC on passenger transportation
10.Taking steps to improve the standard of living of minorities and groups not represented in the PC
As no capable representative is avaialble to represent minorities and groups not in the PC
Appoin represe comme
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Eastern Province (Trincomalee)
ent Scenario Alternative Responsibility
ealth The PCs should receive
The Govt full powers
ecurity n in East has
in such ns
Appoint a fully fledged PC and the negotiate with the Govt
as no se.
s are taken Bring the District Secy
under the PC, give powers to the PC
The President and the
relevant Ministers
ent, no nt policies
t gets
Give full powers to the PC The Health Ministry of the
Govt
Give full powers to the
The PC and national PC
policy planning institute
nor attitude Institute a mechanism
that gives representation
The PC
The Govt
are taken
Transfer of doctors should be vested with the govt while other powers to be with the PC
The Govt
are by the
Give full powers to the PC but in matters of Govt, allow Govt to prevail
The Govt
le e is epresent d groups
Appoint PC representatives and commence a mechanism
The PC
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- Centre for Policy Alternatives
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Outreach
..
Group B Current Scenario Alternativ
11. The FC nor the PC has powers to redistribute collected revenues
12. PC officials' status placed lower than Govt officials
13. Duplication of efforts by both the Govt and the PC 14.Some aspects are duplicated even within the PC system itself
15. Govt officials are against devolution of power
Give full pow PC
16. Funds not available for infrastructure development
17. Policy formulation, budgeting and planning done by separate units. Recurrent and capital expenditure maintained separately.
18. The private sector ignored in PC service provision
19. Appointing a go- between to coordinate between the PC and the Fianance Commission
not relevant to health
sector
Govt officials feel so PC officials t status and pr choosing off experience to
No serious issues, cooperation with the Govt
Liaise with th full understa
Not in health sector
Vesting the s institution sp do it
Govt Officials unhappy about this
Creating awa devolution fo officials, and national leve
Infact, funds are sufficient
Set guideline but involvement of NGOs is
funding age what is needed
Not functioning properly Establishing
coordinated subjected to audit/evalua
Not functioning Essential
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Eastern Province (Trincomalee)
Scenario Alternative Responsibility
lth
Give full powers to the
PC
o PC officials too be given
status and privileges and choosing officlas with experience to run the PCs
fficient NGOs is
The Govt
Provincial and national
, the Govt
Liaise with the Govt with full understanding
The Govt and PC
r
Vesting the subject on an institution specialised to do it
Senior Secretary, Ministry of PC Secy
appy Creating awareness on
devolution for Govt officials, and creating a national level debate
The Govt
Set guidelines for funding agencies
Secy of the PC, PC Ministry Secy
operly Establishing a
coordinated unit subjected to annual audit/evaluations
PC
g Essential The FC, the PC and the
Minister
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Outreach Group Group C Reports
Group C Current Scenario Alterna
1. The FC nor the PC has powers to redistribute collected revenues
..
No tax revenues for the
PC, all funds are from the Central Govt
No altena ther poli
2. No political will on the part of the state leadership to devolve powers despite PCs have been in exisitence for two decades
Central Govt officals are in
Create aw fact against the PCs
Regularis orig bro
3. Taking steps to improve the standard of living of minorities and groups
The situation
continues
not represented in the PC 4. Top-Down approach in planning process Eg: Foreign funded projects such as Maga Neguma etc are planned by the Govt
Official
ste th
9. Resolve issues between the Govt and PC on passenger transportation
--- Powers a plan give the m
5. The regional citizen has no voice in choosing thier own livelihoods
Creating that peop
6. Retaking of Public Administration and Agrarian Services from the PCs
Same as other PCs
Under the Central Govt
supervision
These b se pr 7. Contradictions between the govt and the PCs on state service Transfers, promotions and appointments
Give full
8.Re integrating national schools and hospitals back to PCs
Under the Central Govt
supervision
The responsibility is vested with the govt
Vest all p
PC the conc
There are some issues
Though ministri aware o duties, t be any c
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Group C
ent Scenario Alternative Responsibility
ues for the funds are e Central
No altenatives since
there's a national policy on taxes
the Central govt
officals are in
Create awareness nst the PCs
Regularise PCs originally brought for N&E
es
Powers already given for planning. Use powers given for planning to the maximum
Policy planners of the Govt
sibility is ith the govt
Officials should take
The steps to correct
PC, Praseshiya
Secy this
The Central govt,
The PC
me issues
Though there are two ministries, if they are aware of their given duties, there will not be any confusion
The PC, the Central Govt and the local government institutions
PCs
Creating a PC apparatus that listens to the people
The PC, officials
entral Govt ion
These powers should be devolved if services are to be provided well
The govt
entral Govt ion
Give full powers to the PCs The PC
Vest all powers with the PC while removing the word and concept 'National'
The Central govt, The PC and relevant Secys
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
Eastern Province
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Outreach
..
Group C Current Scenario Alternative
10. Taking steps to improve the standard of living of minorities and groups not represented in the PC
Officials need attention
11.Creating a unit that addresses needs of the region, has data on the region, conducts research, and runs appropriate beneficial programmes
'Nothing to report'
No powers given to the Implement PC
PC Delegate powe to local govt i
12. PC officials' status placed lower than Govt
'Happens this way' officials
Create aware
13. Duplication of efforts by 'Happens this way' both the Govt and the PC
Combine both ministries and the activities o Govt and PC m
14.Some aspects are
one another
duplicated even within the PC system itself
Somewhat lesser
15. Central Govt officials are against Implementations devolution of power
of
Holding disc these activiti
create awaren sharing, PC A and need for
16. Funds not available for infrastructure development
Central Govt officials express anti-devolution ideas, disagree to devolve decision making, an anti devolution group among them
Improving ma FC, pay back the PCs, make approved fund 17. Policy formulation, budgeting and planning done by separate units. Recurrent and capital expenditure maintained separately.
18. The private sector ignored in PC service provision
Obstacles from the Central Govt and FC. Allocated funds less than amounts needed
Formulate an to involve th sector
19. Appointing a go- between to coordinate between the PC and the Fianance Commission
No approach right now
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Eastern Province (Trincomalee)
Scenario Alternative Responsibility
Officials need to pay more attention
The PC Secy
o the
Implement PC law. Delegate powers in PC Act to local govt institutions
'
The PC, the Central Govt
Create awareness the Central Govt
Combine both Govt and PC ministries and Distinguishing the activities of both the Govt and PC minstries from one another
The Ministry Secy, PC and the Central Govt
The Ministry secretaries
press agree to , an anti
them
Holding discussions on these activities
create awareness on power sharing, PC Act and laws and need for PCs
PC and the Central Govt, Policy planners
Central
ted nts
Improving management of the FC, pay back PC revenues to the PCs, make all FC approved funds available
The Central Govt, the FC
ht Formulate an approach
to involve the private sector
the PC
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Outreach Group Reports
..
Group D
Group C Current Scenario Alter
1. The FC nor the PC has powers to redistribute collected revenues
2. No political will on the part of the state leadership to devolve powers despite PCs have been in exisitence for two decades
PC Act and Law is now implemented--rather
Recen
A than dwelling on whether its right or wrong
3. Taking steps to improve the
Despite Tamil being an officla standard of living of
language in Sri Lanka, in areas minorities and groups not represented in the PC
of Ampara and Trincomalee, Tamil speakers have difficulties
4. Top-Down approach in
planning process Eg: Foreign funded projects such as Maga Neguma etc are planned by the Govt
Use
9. Resolve issues between the Central Govt and PC on passenger transportation
District coordinating committees have been appointed and plans are now perused by DCC before approval. Gama Neguma is political.
Get fe
l p
5. The regional citizen has no voice in choosing thier own livelihoods
6. Retaking of Public Administration and Agrarian Services from the PCs 7. Contradictions between the govt and the PCs on state service Transfers, promotions and appointments
8.Re integrating national schools and hospitals back to PCs
National Schools showed good results under PCs after which they were taken back from PCs. Since students are now dependent on tuitions, these National schools do not matter
Sinc it m take PCs doct tran
as much.
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Eastern p D
Province (Trincomalee)
rrent Scenario Alternative Responsibility
nd Law is now emented--rather dwelling on ther its right or
g
rdinating have been nd plans are now DCC before ama Neguma is
Recentralise the 13th
Amendment
l being an officla ri Lanka, in areas d Trincomalee, rs have difficulties
Use both Sinhala and
The PC, The Central Tamil, whatever
Govt the issue/activity
Get feedback from lower levels and implement projects
ools showed good PCs after which
The Central govt en back from udents are now tuitions, these ools do not matter
Since no funds are available, it may not be worthwhile to take these Schools back under PCs. But PC can handle doctors appointments and transfers.
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- Centre for Policy Alternatives
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Outreach
..
Group D Current Scenario Alternat
13. Duplication of efforts by both the Central Govt and the PC
14.Some aspects are duplicated even within the PC system itself
15. Central Govt officials are against implementations of devolution of power
create aw sharing, and need
16. Funds not available for infrastructure development
Govt officials express anti- devolution ideas, disagree to devolve decision making, an anti devolution group among them
The alloc to be dem free.Discu before de be unbias regionalis not be the
17. Policy formulation, budgeting and planning done by separate units. Recurrent and capital expenditure maintained separately.
18. The private sector ignored in PC service provision
The Central Govt uses revenue received by the PC. Capacity lacking for revenue collection.
There is some private sector contribution now. INGOs such as this WFO, region's UNO development.But
contributed to
they are 'wasted' as the focus was short term.
Enlist do developm donors a levels th
19. Appointing a go- between to coordinate between the PC and the Fianance Commission
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Eastern Province (Trincomalee)
nt Scenario Alternative Responsibility
ress anti-
isagree to aking, an anti mong them
create awareness on power sharing, PC Act and laws and need for PCs
PC and the Central Govt, Policy planners
vt uses
by the PC. for revenue
The allocation of funds need to be democratic and free.Discuss with the PC before decisions. FC should be unbiased and people with regionalistic mindset should not be there.
ate sector INGOs such
opment.But
ntributed to
s the focus
Enlist donors in regional development. Engage donors at lower regional levels through the PCs.
the PC, NGO and INGO
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re for Policy Alternatives 108


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Outreach
W P
ROVINCE ESTERN
..
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

W
ESTERN P
OVINCE
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
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Outreach
Group
Group A Reports
Presented by Chandrika Rupesinghe-
Group A Current Scenario Alternativ
1' Concurrent List Active Remove
2' Govt interference in devolved powers
..
Line Ministries interfering in PC functions
Remove M inistr involve
3' Geographical influences
Increasing migrant population
i. Imp
taxe
ii. Gov add
4' Sufficient funds not
received for development of PCs
Only 33% of allocations are received
i. Mak
allo on f
ii. Allo per the fun
5' PC not represented in
FC activities
PC not represented PC not
6' PC devolution re-
centralised through a circular
Ministry of Internal Affairs running it
Devolve powers
7' No coordinating body
between the PC and the Govt in policy planning
No coordinating body No coo
8' The shortfalls in PC development plans not funded by the govt
Only 33% of allocations are received
9' Issues when filling
vacancies
Line m inistries exercising PC functions
i. PC n
to f vaca
ii. The trai hire
10' The Govt executing foreign funded projects
Im plementation and coordination by the Govt
Vest th Implem coordin Govt on
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Western Province
Chandrika Rupesinghe-Department of PCs
Scenario Alternative Responsibility
Remove The President,
Parliament
ries in PC
Remove Line Ministries’ involvement
The President
migrant i. Imposing special
taxes
ii. Govt allocating
additional funds
The President
f are
i. Making
allocations based on form al criteria
ii. Allocating a
percentage from the projected funds
The President
esented PC not represented The President
Internal ing it
Devolve statutory powers to the PC
The President
ating body No coordinating body The President
f are
ries C
i. PC needs powers to fill its own vacancies ii. The govt needs to
train personnel hired by the PC
The President
ation and n by the
Vest the powers of Implementation and coordination by the Govt on the PC
The President
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Outreach Group
Group B Reports
Presented by Renuka D Perera-MP,
Group B Current Scenario Alte
1' Administrative and
financial obstacles to implement policies
..
Not v Advis for cir obtain appro
2' Lack of a clear policy to resource finances from the Govt
Differences in circulars issues by Govt and the PC
Student enlistments for Grade 1'
Appointment of Teacher trainers
Alloca based land m
3' Not planning in such a
way that new challenges in the development process are met
Non receipt of annual allocations-In 2007, 35% not received)
Advis on pla
Estab unit
Comp of fun identi
4' Non implementation of
PC powers in the regional administration setup
The designated time period to finalise annual plans. No long term planning methodologies
Creat admin struct Prade level
5' Inability to retain
officials within the PC
The Pradeshiya saba does not extend support to fulfill PC duties
Benef privile officia PC off
6' Issues and confusion on concurrent list contents
Dissatisfaction of the officials
Funct concu enter Govt
7' Govt ministers
appointed for PC functions list
devolving powers in an uncertain way
The Govt too
The fu performing PC
be ex subjects functions
PC
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Western Province
by Renuka D Perera-MP, Western PC
urrent Scenario Alternative Responsibility
nces in rs issues by nd the PC
t enlistments de 1'
tment of r trainers
Not violating PC laws, Advisory committees for circular issues, obtaining PC approval
The Ministry, Chief Secy and the PC
ceipt of annual ions-In 2007, t received)
Allocation of funds based on ethnicity, land mass etc
The Ministry of Finance, the FC
signated time to finalise plans. No long lanning dologies
Advisory committee on planning
Establish a research unit
Compulsory provision of funds for identified projects
The Western PC, , Ministry of Finance
deshiya saba ot extend t to fulfill PC
Creating a PC administration structure at Pradeshiya sabha level
The Western PC, , Ministry of Finance
sfaction of the s
Benefits and privileges of Govt officials be given to PC officials equally
Ministry of Pub Admin and Internal Affairs
ing powers in ertain way
Functions in the concurrent list to be entered to both the Govt and PC powers
The Western PC, , The Govt
vt too
ing PC s functions
The functions only to be executed by the PC
The Western PC The Govt
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- Centre for Policy Alternatives
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Outreach Group
Group C Reports
Presented by Jayanthi Wijethinga-Sec
Group C Current Scenario Alternative
1' The limits of PC
discretionary powers unclear
..
Not exercising the given powers
First iden proper le
2' Duplication
Both the PC List and the Concurrent list have the same subjects (Eg: Lands, Police, Probation etc)
Repeal th concurre bring the under th
3' Difficulties in executing
the concurrent list when there are policy differences between the PC and the Govt
Govt holding anti-PC dogma, not extending support to strengthen the PC
Repeal th concurre
4' Govt interfering in
implementation of the 13 Amendment
The Govt interferes when PCs go beyond their powers
Understa and clea of power
5' Fiscal powers not
delegated well (EG: The FC)
Bring under the control of Trasury and the FC, lack of a proper mechanism, criteria, and lack of funds. Allocating more money for Central Govt projects and functions
Allocatin based on unique r and on p percenta Devolvin further e the PC re
6' No mechanism in
charge of distribution of resources
Not identifying a mechanism
Allowinf represen the PC go identifyin PC comm charge o distribut
7' Disciplinary actions on the PC officials are investigated by the Central Govt officials
Disciplinary actions to be taken by the Govt and the Public Services Commission
Impleme permane governan
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Western Province
Jayanthi Wijethinga-Secy, chief ministry
cenario Alternative Responsibility
the given First identify the
proper legal framework
The PCs, Chief secy, and Other PC officials
List and the ist have the ts (Eg:
, Probation
Repeal the concurrent list and bring the functions under the PC
The Parliament, The President
nti-PC tending
ngthen the
Repeal the concurrent list
The Parliament, The President
erferes
beyond
The Govt
the control d the FC, per
criteria, unds. ore money
ovt functions
Understanding limits and clear distinctions of powers
Allocating resources
The Govt, the PC based on each PCs unique requirements and on particular percentages. Devolving powers further even within the PC region
ng a Allowinf
representation within the PC governance, identifying needs and PC committee in charge of resource distribution.
The Govt, the PC
actions to the Govt lic Services
Implementing a permanent PC governance system
The Govt, the PC
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Outreach
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Group C Current Scenario Altern
8' The political leadership of the central Govt unwilling to strengthen PC s
Creatin and ch attitud
9' High population density Health, economic and
social issues
Pay ex when p
10' Govt officials are
unwilling to accept PC Act, laws
Lack of cooperation Change
create govern and giv opport official
11' PCs performing
Ministry work
No systematic procedure to allocate ministries, Ministries are not distinguished based on the need and convenience
Identif proced PC Act metho Ministr
12' Creating a unit that
addresses needs of the region, has data on the region, conducts research, and runs appropriate beneficial programmes
Issues / shortcomings in institutional structures
Creat instit
13' Inability to implement
language policy in a practical way
Non implementation of language policy in a practical way
Create frame, resour
14' Taking steps to improve the
standard of living of minorities and groups not represented in the PC
Lack of wider representation to include various religions, castes etc
Provi repre
Programme on Strength
Lack of knowledge on PC system to strengthen PC s
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Western Province
rent Scenario Alternative Responsibility
The knowledge on
Govt, the PC em to hen PC s
economic and sues
Pay extra attention
the PC when policy planning
cooperation Change attitudes,
create permanent PC governance system and give equal opportunity to PC officials
The Govt, the PC
ematic ure to allocate ies, Ministries distinguished n the need and ience
The Govt, the PC
rtcomings in l structures
Identify systematic procedures under the PC Act and the method of allocating Ministries
the PC
plementation of
e policy in a l way
Create proper institutional structures
The Govt
r representation arious religions,
Create strong legal frame, provide resources
Provide wider
The Govt, the PC representation
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
Creating awareness and changing attitudes
113


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Outreach Group
Group D Reports
Presented by A Ramanayake -Minister,
Current Scenario Alternative
1' Media More Closer to the
Cemntral Govt
..
- Creating to distinct lists and
working within them
2' The reluctance towards REAL
devolution effort
REAL devolution
3' The Pradeshiya Sabha in charge
of regional governance is detached from the PC
Vest regional governance with the
4' Insertion of primary education
in National Schools and the resulting confusion
Vest the entire school system with PC
5' When allocating funcs, the
Finance Commission gets involved unduly, and insufficient amounts allocated
Appointing PC level representative FC
6' Line ministries and departments
not cooperating
Refrain from having Ministries at t central level for the same subjects handled by the PC 7' Two distinct groups appointed- as the Govt and the PC -for the same functions
8' Seeing PC as second class
and media’s ignorance of PCs
Commence awareness programme change attitudes
9' Since recruitments are done in stages, even if staff are needed it is not possible. Health min. is through the Central Govt. Not vesting Police powers too is a problem
Making necessary steps to recruit PC staff through Public Service Commission
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

Western Province
A Ramanayake -Minister, Highways
Alternative Responsibility
ating to distinct lists and rking within them
The Parliament
lution The Parliament
nal governance with the PC Ministry of Public Admnistration
and Internal Affairs
ntire school system with the The Parliament
g PC level representatives to Ministry of Finance
om having Ministries at the vel for the same subjects
y the PC
The Govt Cabinet of ministers
e awareness programme to titudes
The PC
ecessary steps to recruit all
rough Public Service on
The Govt Cabinet of ministers
gramme on Strengthening the Provincial Council System
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Outreach
Current Scenario Alternative
10' Powers given to PC by the
Judiciary- Also, the supreme court’s opinion on the PC Act too is subjected to questioning. Though 13 Amendment devolves, in practice it is not so.
..
Amending the constitution with definitive devolution
11' Taking over of National schools and hospitals under the central govt
Amending the constitution so t are given powers
12' The Govt controls the expert
and specialized human resources
-
13' Since no coherent policies on issues, as the ruling ministers and governing parties change, policies continuously change.
A national policy for all function issues
14' Lack of officials -
15' shortcomings in staff
recruitment procedures
-
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Programme on Strengthening the Provincial Council System
The ding the constitution with
Parliament itive devolution
ding the constitution so that PCs ven powers
The Parliament
-
ional policy for all functions and The Parliament
-
-
Alternative Responsibility
- Centre for Policy Alternatives
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Outreach
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Programme on Strengthenin
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gramme on Strengthening the Provincial Council System
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Outreach
..
A
NNEXURE
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

A
NNEXURE
Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
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Programme on Strengthenin
L
IST OF P
ARTICIPANTS
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

L
IST OF P
ARTICIPANTS
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Outreach
..
Name Designatio 1 Hon. Kumari Balasooriya Governor
2 Hon. Dickson Dela Bandara Governor
3 Hon .Berty Premalal Disanayaka Chief Minis
4 Hon. Vijith Vijayamuni Soiza Chief Minist 5 Hon. Sarath Ekanayake Chief Minist 6 Hon. Athula Wijesingha Chief Minis
7 Hon. Mahipala Herath Chief Minist
8 Hon. Reginold Coorey Chief Minis 9 Hon. Shan Wijeyalal de Silva Chief Minist
10 Hon. Jagath Angage Chairman 11 Hon. Manel Rathnayaka 12 Hon Athula Kumara RahubaddheChairman
13 Hon. K.M. Nandasena Chairman
14 Hon W.M Yasamaana Chairman 15 Hon. Piyasiri Ramanayaka Provincial M
16 Hon. R.D. Wimaladasa Provincial M
17 Hon. Niranjan Wickremesinghe Provincial M
18 Hon. Dayarathna Bandara Provincial M 19 Hon. D.D.W. Wickramarathna Provincial M 20 Hon. H.B. Semasingha Provincial M
21 Hon. R.M. Rathnayake Provincial M
22 Hon. Weerasena Gamage Provincial M
23 Hon M.M. Donald Provincial M 24 Hon. S. H. M Anzar Provincial M 25 Hon. Prasanna Ranathunga Provincial M 26 Hon. Dulip Wijesekara Provincial M 27 Hon. Gamini Thilakasiri Provincial M 28 Hon. Y.G. Padmasiri Provincial M
29 Hon. Lalith Disanayake Provincial M
30 Hon. Mohan Saliya Ellawala Provincial Minis 31 Hon D.M.J Dissanayake Provincial M
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Designation Province a Governor
Southern dara Governor
Sabaragamuwa anayakaChief Minister North Central oiza Chief Minister Uva Chief Minister Central Chief Minister North Western Chief Minister
Sabaragamuwa Chief Minister Western Silva Chief Minister
Southern Chairman Western Chairman Uva ubaddheChairman
Sabaragamuwa Chairman North Central Chairman Central ka Provincial Minister North Western Provincial Minister North Western esinghe Provincial Minister North Western ra Provincial Minister Uva athna Provincial Minister Uva Provincial Minister North Central Provincial Minister North Central ge Provincial Minister North Central Provincial Minister Provincial Minister nga Provincial Minister Western Provincial Minister Western Provincial Minister Western Provincial Minister
Sabaragamuwa Provincial Minister
Sabaragamuwa ala Provincial Minister Sabaragamuwa
Provincial Minister Central
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Outreach Name Designation
32 Hon Ediriweera Weerawardana Provincial Min 33 Hon. Asoka Wadigamangawa Leader of the O 34 Hon.Upali Samaraweera Leader of the O 35 Hon. R.B. Abeysinghe Leader of the O
36 Hon. Kithsiri Kahatapitiya Leader of the 37 Hon Ranjith De Soysa Leader of the
38 Hon. Somasiri Gunathilaka Vice Chairman
39 Hon. Kumarasiri Rathnayaka Vice Chairman 40 Hon. Vijeya Dahanayake Vice Chairman
41 Hon Sunil Wijerathna Vice Chairman 42 Hon R.M.S.B Rathnayake Vice Chairman 43 Hon. Kumara K. Chandrasiri Leader of the
44 Hon. K.A. Somawansa Leader of the
45 Hon.M.G Jayarathna Leader of the 46 Hon. Bandara Rajagala Chief Governm
47 Hon. Susil Gunerathne Chief Governm
48 Hon. Prasanna Shamal SenarathChief Oppositi
49 Hon. Lakshman AbeygunerathnaChief Oppositi 50 Hon. Abdeen Ehiyar Seinool Provincial Cou
51 Hon. N.J.Thahir Provincial Cou
52 Hon. Ananda Punyakumara Provincial Cou
53 Hon. D.M. Gamini Dissanayeke Provincial Cou
54 Hon. Nilantha S Rajapaksha Provincial Cou
55 Hon. H.B. Abeyrathna Provincial Cou
56 Hon. R.M Gunasingha Banda Provincial Cou
57 Hon. L M Ayubkhan Provincial Cou
58 Hon. E.M N I Kumari Provincial Cou
59 Hon.Upulangani Maalagamuwa Provincial Cou 60 Hon. E. M. N.S.Ekanayake Provincial Cou
..
Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

gramme on Strengthening the Provincial Council System
Designation Province
dana Provincial Minister Central a Leader of the Opposition NW Leader of the Opposition Uva Leader of the Opposition North Central Leader of the Opposition Western Leader of the Opposition
Sabaragamuwa a Vice Chairman North Western ka Vice Chairman Uva
Vice Chairman
Southern Vice Chairman Western Vice Chairman Central iri Leader of the House North Western Leader of the House
Southern Leader of the House Central Chief Government Whip North Western Chief Government Whip North Central narathChief Opposition Whip North Western rathnaChief Opposition Whip Western ol Provincial Council Member North Western Provincial Council Member North Western Provincial Council Member North Western yeke Provincial Council Member North Western a Provincial Council Member North Western Provincial Council Member North Western da Provincial Council Member North Western Provincial Council Member North Western Provincial Council Member North Western uwa Provincial Council Member North Western Provincial Council Member North
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Name Designation
61 Hon. S.H.M. Niyaz Provincial C
62 Hon. Lakshman Wendaruwa Provincial C
63 Hon. K Radhakrishnan Provincial C
64 Hon. M.M.Thasleem Provincial C
65 Hon.Sunil Thisera Provincial C
66 Hon.Ananda Kumarasiri Provincial C 67 Hon.K Visuwanathan Provincial C 68 Hon.P Loganathan Provincial C 69 Hon.Aravindha Kumar Provincial C 70 Hon.K Velayuthan Provincial C 71 Hon.Vijitha Berugoda Provincial C 72 Hon.R.M. Ratnayaka Provincial C 73 Hon.Nihal Senivirathna Provincial C 74 Hon.Ganaran Banda Provincial C 75 Hon.R.H.J.Bandara Provincial C 76 Hon.Upali Senaratna Provincial C 77 Hon.H.M.Madar Thuseem Provincial C 78 Hon.J.M. Gunathillaka Provincial C 79 Hon.D.B. Upul Provincial 80 Hon.Nishantha Mutuhettigama Provincial 81 Hon.Weerasumana WeerasinghaProvincial C 82 Hon.Wijeya S.Weerasingha Provincial C 83 Hon.Ajitha Rajapaksha Provincial C 84 Hon.Somapala Ekanayaka Provincial C 85 Hon.Ranjith Kumarage Provincial C 86 Hon.Ashoka Danawansa Provincial C 87 Hon.Ananda Abeywickrama Provincial 88 Hon.Kapila Jayantha Wellapili Provincial 89 Hon.P.B.Dissanayake Provincial C
90 Hon.T.M.R.Siripala Provincial C
91 Hon.R.B. Gnanatillaka Provincial C
92 Hon.Anil Ratnayaka Provincial C
93 Hon.D.M.Amarathunga Provincial C
94 Hon.Mahesh Almeida Provincial C 95 Hon.C Meryl Perera Provincial C 96 Hon.Gunasiri Jayanath Provincial C
..
Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Designation Province
Western Provincial Council Member North Western ruwa Provincial Council Member North Western Provincial Council Member North Western Provincial Council Member North Western Provincial Council Member North Western i Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Uva m Provincial Council Member Uva Provincial Council Member Uva Provincial Council Member Southern ttigama Provincial Council Member Southern erasinghaProvincial Council Member Southern gha Provincial Council Member Southern Provincial Council Member Southern ka Provincial Council Member Southern Provincial Council Member Southern a Provincial Council Member Southern ma Provincial Council Member Southern ellapili Provincial Council Member Southern Provincial Council Member North Central Provincial Council Member North Central Provincial Council Member North Central Provincial Council Member North Central Provincial Council Member North Central Provincial Council Member Western Provincial Council Member Western Provincial Council Member Western
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Outreach Name Designation
97 Hon.A.Chandrabanu Provincial Cou 98 Hon.Sunil Magammana Provincial Cou 99 Hon.Renuka Dushyantha PereraProvincial Cou 100 Hon Gunasiri Jayanath Provincial Cou 101 Hon M Shaafi Raheem Provincial Cou 102 Hon M.S.Aslam Provincial Cou 103 Hon Jayathilleke Podinilame Provincial Cou 104 Hon M Nagari Provincial Co 105 Hon Lakshman Kodikara Provincial Co 106 Hon Ranjith Bandara Provincial Cou 107 Hon. Ananda Millangoda Provincial Cou 108 Hon K. Udayakantha Provincial Cou 109 Hon Shrima S. Koongahage Provincial Co
110 Hon Dr V. Ameerdeen Provincial Cou 111 Hon Javahir Salei Provincial Cou 112 Victor Samaraweera Chief Secretar 113 J.M.G.V.Jayasundera Chief Secretar
114 P.B.Amarasekera Chief Secretar 115 A. Samarasinghe Chief Secretar
116 A Thalakotunage Chief Secretar
117 P Kodithuwakku Chief Secretar
118 V.P.Balasingham Chief Secretar 119 H.M. Sunil Padmashantha Council Secret
120 D.S.Amarasingha Council Secret 121 S.U.G.K Perera Council Secret
122 Lalith Kannangara Council Secret 123 Sriyanie Padmalatha Council Secret
124 P.B.Vijayaratna Council Secret
125 R.A.Thillekeratna Secretary to th
126 A.W.C. Ariyadasa Secretary to th
127 H.M.Somathilleke Secretary to th 128 T.G.U.B Thabugala Secretary -Chi
129 .M.Y.Zainudeen Deputy Chief S
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Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

gramme on Strengthening the Provincial Council System
Designation Province
Provincial Council Member Western Provincial Council Member Western PereraProvincial Council Member Western Provincial Council Member Western Provincial Council Member Western Provincial Council Member Western e Provincial Council Member Sabaragamuwa Provincial Council Member Sabaragamuwa Provincial Council Member Sabaragamuwa Provincial Council Member Sabaragamuwa Provincial Council Member Sabaragamuwa Provincial Council Member Sabaragamuwa e Provincial Council Member Central Province Provincial Council Member Eastern Provincial Council Member Eastern Chief Secretary Western Chief Secretary North Western Chief Secretary Uva Chief Secretary
Southern Chief Secretary North Central Chief Secretary
Sabaragamuwa Chief Secretary Eastern Council Secretary North Western Council Secretary Uva Council Secretary
Southern Council Secretary Western Council Secretary
Sabaragamuwa Council Secretary Central Province Secretary to the Governor North Western Secretary to the Governor North Central Secretary to the Governor Uva Secretary -Chief Ministry North Western Deputy Chief Secretary North
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Name Designation
130 W.G.Dayananda Ministry Sec
131 Jayantha Wijerathna Ministry Sec
132 H.V.S. Hiyarapitiya Ministry Sec
133 E.A.H.Karunanayake Ministry Sec
134 W.M.Attanayake Ministry Sec 135 Sumith Suraweera Ministry Sec 136 K.D.Sirisena Ministry-Sec 137 G.K.S.L Rajadasa Ministry-Sec 138 A.R.Pushpakumara Ministry-Sec 139 K.H.A Keerthiratna Ministry-Sec
140 G.Gamage Ministry-Sec
141 B.Nigamuni Ministry-Sec
142 C.S.Lokuhetti Ministry-Sec
143 W.M.R.B.Wanninayaka Ministry-Sec
144 Chandra Karunaratna Ministry-Sec
145 Neil De Alwis Ministry-Sec
146 G.K.Jayaratna Ministry-Sec
147 Malsiri J.Seniviratna Ministry-Sec 148 S.T.Kodikara Ministry-Sec 149 A.Ramanayaka Ministry-Sec 150 J.A.Ranjith Ministry-Sec
151 Lalith Dodankotuwa Ministry-Sec
152 H.P.Kularatna Secretary to
153 G.A.M.S.P Ambanwala Deputy Chie 154 Chintaka Hettiarachchi Deputy Chie 155 D.K.Dissanayaka Deputy Chie 156 A.Waas Gunewardana Deputy Chie
157 W.Seelaratna De Silva Deputy Chie
158 H.K.R.J Edirisingha Deputy Chie
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© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Programme on Strengthening the Provincial Council System
- Centre for Policy Alternatives
Designation Province
Western Ministry Secretary North Western Ministry Secretary North Western Ministry Secretary North Western Ministry Secretary North Western Ministry Secretary Uva Ministry Secretary Uva Ministry-Secretary Uva Ministry-Secretary Uva Ministry-Secretary Uva Ministry-Secretary
Southern Ministry-Secretary
Southern Ministry-Secretary
Southern Ministry-Secretary
Southern Ministry-Secretary North Central Ministry-Secretary North Central Ministry-Secretary North Central Ministry-Secretary North Central Ministry-Secretary Western Ministry-Secretary Western Ministry-Secretary Western Ministry-Secretary
Sabaragamuwa Ministry-Secretary
Sabaragamuwa Secretary to Chief Minister
Sabaragamuwa Deputy Chief Secretary Uva Deputy Chief Secretary Uva Deputy Chief Secretary Uva Deputy Chief Secretary
Southern Deputy Chief Secretary
Southern Deputy Chief Secretary
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Name Designation
159 R.M.S.B Ratnayaka Deputy Chief S
160 W.M.Munasingha Deputy Chief S
161 R.Surendra Deputy Chief S
162 Sunil Bandara Deputy Chief S
163 A.K. Ranjith Dharmapala Deputy Chief Secreta
164 V.Rajapaksha Deputy Chief S 165 Chintha Chethiyawardana Deputy Chief S 166 P.H.Jayawardana Deputy Chief S 167 K.G.K Ranjith Dharmapala Deputy Chief S 168 K.G.S.Gunesekera Deputy Chief S
169 H.P.Kuleratne Secretary to C 170 Sunanda Tennakoon Secr Commission 171 Daisy Dharmawardane Secr Commission 172 Bandula Nagasinghe Secr Commission 173 K.L Dayananda Secr Commission 174 N.P.Karunarathna Secr Commission 175 A.U.Welaratna Additional Sec Commission 176 S.M.W. Semasingha Assistant Secr
177 Ananda Kularatna Assistant Secr
178 K.T.S.Nayanananda Assistant Secr
179 W.M.R.B. Weerasekera Assistant Secr
180 Kalani Benaragama Assistant Secr
181 Gnana Wijesinghe Assistant Secr
182 N.K.G.S Damayanthi Assistant Secr
183 M.N.Gunewardena Assistant Secr
184 JM.K.D.Jayasekera Assistant Secr
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Programme on Strengthenin
© Copyright 2008 May Outreach Unit- Centre for Policy Alternative

gramme on Strengthening the Provincial Council System
Designation Province
Southern Deputy Chief Secretary North Central Deputy Chief Secretary North Central Deputy Chief Secretary North Central Deputy Chief Secretary North Central Deputy Chief Secretary - Training and Personnel
Deputy Chief Secretary Western Deputy Chief Secretary Western Deputy Chief Secretary Western Deputy Chief Secretary Western Deputy Chief Secretary Central Province Secretary to Chief Minister Sabaragamuwa Secretary, Provincial Public Service North Central Secretary, Provincial Public Service North Western Secretary, Provincial Public Service Sabaragamuwa Secretary, Provincial Public Service Southern Secretary, Provincial Public Service Western Additional Secretary, Provincial Public Service Southern Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary North Central Assistant Secretary Eastern
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Outreach Name Designation
185 U.Kavita Assistant Se 186 U.Yasodha Assistant Se 187 L.G.Bambarakotuwa Assistant Se
188 J.M.C.Jayanthi Wijethunge Secretary -C 189 R.B.Tennakoone Administrati
190 S.Koghanalingham Administrati 191 Viraj Perera L.G Commis
192 R.K.S.S C. Wijesinghe Commission
193 B.G.P.Mahindaratna Commission
194 J.R.P Jayathilleke Commission
195 W.N.Jayasena Director of P
196 W.M.B Wijesuriya Comm Development 197 Vidya Kumara Alwis Commission
198 Badrani Jayawardene L.G Commis 199 E.H.R Renuka Commission 200 J.P.D. Somaratna Commission
201 S.H.Hewage Commission
202 P.A.Jayantha Commission 203 Nayana Kariyawasam Commission
204 Padmini Kariyawasam Commission
205 G.Prematunga Commission
206 Indrani Seniviratna Commission
207 S.Singapulli Commission
208 Ramya Suriyarachchi Commission
209 I.M.I Illangakoon Assistant Co
210 K.Kunanathan Assistant Co
211 Geetha Dharmasiri Director of Indus 212 V.Malini Director of S
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Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Designation Province
Assistant Secretary Eastern Assistant Secretary Eastern Assistant Secretary
Sabaragamuwa nge Secretary -Chief Ministry Western Administrative Officer Central Province Administrative Officer Eastern L.G Commissioner North Central Commissioner of Provincial Land North Central Commissioner of Provincial Revenue North Central Commissioner of Provincial Irrigation North Central Director of Provincial Agriculture North Central Commisioner of Provincial Co operative North Central Commissioner of Indigenous Medicine
North Central L.G Commissioner Western Commissioner of Provincial Land Western Commissioner of Probation and Child Care
Western Commissioner of Co operative Development
Western Commissioner Housing Dept Western Commissioner of Provincial Land North Western Commissioner of Probation and Child Care
North Western Commissioner of Provincial Land
Southern Commissioner of Provincial Revenue
Southern Commissioner of Co operative Development
Southern Commissioner-Provincial Motor Transport
Southern Assistant Commissioner of Local GOvernment North Western Assistant Commissioner of Local GOvernment Eastern iri Director of Industrial Development North Western Director of Social Services North
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213 D.P.Vidanapathirana Director Intern
214 A.U.De Silva Director Provin
215 N.J Karunadasa Director Provin
216 W.M.Samarasingha Director Provin
217 Wasanthi Ratnapala Director of Ru
218 J.M.G.Upul Wahara Director of Sm
219 K.C.Nimal Karunatillaka Deputy Directo
220 H.G.S.Jayaratna Director - Bud
221 S.H.Mahavithana Director Accou
222 D.R.T.G.Ratnayaka Director, Lives
223 J.A.D.L Hemachandra Director Educa
224 T.Pascuel Director Minist
225 W.A.D.C. Rupesingha Director, Depa
226 A.L.L.Padmasiri Director Provin
227 Gamini Kariyawasam Director Provin
228 H.R.L.Sumanaratna Director, Lives
229 W.L.Siriwardhana Director , HR Training 230 R.S.Abeysekera Director Dept o
231 W.D.R.G. Chithrangani Director Dept o
232 A.V.K.Wickremesekera Deputy Directo
233 S.Liyenarachchi Assistant Direc
234 H.C Piyadasa Assistant Direc
235 S.Kugamalingham Administrative
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Designation Province
Western Director Internal Auditing
Southern Director Provincial Irrigation
Southern Director Provincial Education
Southern Director Provincial Education North Central Director of Rural Development North Central Director of Small Industries North Central Deputy Director- Finance North Central Director - Budgets, Chief Secretary’s Office
North Central Director Accounting and Payments, CSO
North Central Director, Livestock and Health North Central Director Education
Western Director Ministry of Sport and Industry
Western Director, Department of Industries
Western Director Provincial Health Services
Western Director Provincial Social Services
Western Director, Livestock and Health
Western Director , HR Development & Management Western Director Dept of Agriculture
Western Director Dept of Irrigation
Western Deputy Director Planning
Southern Assistant Director Planning
Southern Assistant Director
Southern Administrative Officer ,Ministry of Health


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Outreach Name Designation
236 L.P. Wijesinghe Legal Office
237 H.M. Aneef Lebbe Legal Office 238 W.K.G Jayasekara PC Compan 239 R.M.S. Bandaranayake Genera Authority 240 R.H.Alfred Senior Asse
241 P.G.K Lalananda Senior Asse
242 Attorney Himali Edirisinghe Legal Assist
243 P.G.Dissanayake Finance Ass
244 W.G.Ariyaratna Provincial E
245 Premasiri Hettiarachchi Co ordinatin
246 S.P Dharrmakeerthi Co ordinatin
247 W.H. Padmasiri Bandara Co ordinatin
248 K.H.B. Pathirana Co ordinatin
249 Lasith VIthana Co or Office 250 Anuradha Jayasundara Media Secre
251 Sampath Jayasuriya Co ordinato 252 Saman Bandara In Charge o 253 Chandana Kumara Programme
254 H.R.Marina Programme 255 T.Kokila Programme 256 Ranjani Abeysinghe Secretary to
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Programme on Strength
© Copyright 2008 May Outreach Unit- Centre for Policy Altern

Designation Province
Eastern Legal Officer
Southern Legal Officer Eastern PC Company Registrar Western General Manager , HIghways Develoment Western Senior Assessor
Southern Senior Assessor
Southern ghe Legal Assistant North Central Finance Assistant North Central Provincial Engineering Dept North Central i Co ordinating Secretary to the Chief Minister
North Central Co ordinating Secretary to the Chief Minister
North Central Co ordinating Secretary
Sabaragamuwa Co ordinating Secretary, Chief Minister
Sabaragamuwa Co ordinating Officer -Council Secretary Western Media Secretary to Chief Minister
Sabaragamuwa Co ordinator Uva In Charge of Computer Division Uva Programme Assistant
Southern Programme Assistant Eastern Programme Assistant Eastern Secretary to Leader of the Opposition
North Central
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