PRESIDENT INSISTS THAT 13 A SAHOULD SUIT NATIONS GROWTH

“13A should be implemented in a way to suit nation’s growth & future”

President Ranil Wickremesinghe emphasized the necessity of implementing the 13th Amendment in a way that suits the nation’s growth and future. He stressed that achieving this requires a consensus among all parliament members through comprehensive and open-minded deliberations.

The President made this declaration today (09) during a special statement in the Parliament.

The complete speech is as follows :

The provincial council system was introduced in 1987 through the 13th Amendment to the constitution. This system has been operational in our country for 36 years. Nevertheless, numerous issues surround the implementation of the 13th Amendment, as well as the functioning of provincial councils.

If our nation is to progress, these problems must be addressed. The 13th Amendment needs to be implemented in a manner that aligns with our country’s development and future. This can only be achieved if all parliament members come to a consensus after thorough and open-minded discussions. To facilitate this, we recently organized an all-party conference, which saw participation from representatives of various political parties, for which I am appreciative.

However, during the conference, we couldn’t arrive at a comprehensive agreement on power devolution. Divergent perspectives on a specific national decentralization program were evident. It became apparent that certain political parties were hesitant to share their ideas, possibly due to past negative experiences from prior all-party conferences.

It’s time to change this situation. We should shift away from the convention of viewing the opposition’s role solely as criticizing the government’s actions. Let’s also abstain from making decisions without considering opposition viewpoints. We must act with assurance and accountability. Our country’s progress hinges on collective advancement along a new path. Let’s work towards establishing this new approach.

I want to reiterate a point I consistently emphasize: instead of dwelling on the past, let’s focus on the future. Yes, we’ve encountered challenges in the past, but let’s refrain from debating them and instead concentrate on envisioning the country’s future. With genuine intentions, let’s unite and make joint decisions that consider the nation’s future.

Have we achieved success in implementing the provincial councils through the 13th Amendment over the past 36 years? Or has it been a failure? What factors have contributed to either outcome? Let’s engage in a discussion on this matter. Let’s delve deeper, examine new global trends, and explore cases worldwide.

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

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

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

Our annual expenditure on provincial councils amounts to around Rs. 550 billion. Have these councils justified this investment? Has this substantial funding truly benefited the populace? This is a crucial aspect that deserves attention. We spend LKR 22,000 for each person every year. We are spending LKR 22,000 that could be spent on our students for provincial councils. That is LKR 88,000 that could be spent on a family of four. Are we getting benefits from it?
The division of power and authority between provincial councils, central government, and local governing bodies lacks clarity. Consequently, subjects overlap between provincial councils and the central government, resulting in duplication of efforts and delayed actions. Instead of resolving people’s issues, problems are escalating due to these inefficiencies.

Some individuals in our nation label provincial councils as “white elephants” due to these challenges. Yet, amid these limitations, provincial councils have significantly influenced Sri Lanka’s political trajectory. They have nurtured skilled political leaders and served as stepping stones to executive and parliamentary roles. Throughout history, numerous individuals who embarked on their political journey as provincial council members ascended to positions of power like the executive presidency, premiership, cabinet membership, and other significant roles. Many of the Ministers currently seated in this House have traversed a path from provincial council members to Chief Ministers and beyond.

During the inception of provincial councils, certain political parties expressed opposition. Some parties chose democratic protests, while others resorted to undemocratic means to voice their dissent. Tragically, this period witnessed loss of lives and destruction of national assets. Nonetheless, those days belong to the past. Notably, none of the parliamentary political parties advocate for the abolition of provincial councils. Representatives from all these parties have engaged with and been part of provincial councils.

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

Today, I present my proposals and forthcoming actions concerning the 13th Amendment and the devolution of powers to this esteemed House. I urge a thorough examination of these suggestions. I invite you to contribute your ideas as well. Taking all these viewpoints into careful consideration, the responsibility of arriving at the final decision regarding the role and future of provincial councils rests solely with this honourable council.

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

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

Furthermore, we’ve recently initiated several other strategies to empower the populace. We’ve bolstered sectoral committees and fostered youth involvement for this purpose. Concurrently, efforts are underway to establish public assemblies, aiming to involve citizens in grassroots governance. The Janasabha Secretariat has been launched, and once model assemblies are established, we’ll advance the Assembly Act.

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

In recent years, numerous committees associated with the Parliament have produced several documents that thoroughly examine the subject of provincial councils and their prospective trajectory. Among these documents is the interim report released on September 21, 2017, by the Steering Committee of the Constitutional Council of Sri Lanka, under my leadership. Importantly, all parties represented within the Parliament endorsed the recommendations outlined in this interim report.
The interim report offers recommendations concerning amendments to Articles 3, 4, and 5 of the Constitution. We now bring forward these proposed constitutional amendments for consideration by the Parliament.

T presents a chance to decentralize power, bringing governance closer to the general populace. Therefore, our primary aim should be to develop the provincial council system as an institution that aligns with public needs, caters to public requirements, and contributes to national development.

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

Appointment of Divisional Secretaries

  • Granting Authority to Provincial Councils for Education-related Services This involves exercising all powers related to school education listed in Schedule 3 of the Provincial Council List.
  • Establishment of Provincial Boards for Vocational and Technical Training Services
  • Empowerment of Provincial Councils to Establish Universities
  • Authorization for Provincial Councils to Provide Grassroots Agricultural Innovation and Services
  • Creation of Provincial Tourism Promotion Boards
  • Amendment to the Industries Act to Increase the Limit For industries of national importance, the limit will be raised from Rs. 4 million to Rs. 250 million. If this Parliament agrees, we’re ready to elevate it to Rs. 500 million.

Correction of Errors in Delegated Functions to Provincial Councils

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

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

We are currently in the process of establishing a committee, led by the Prime Minister, tasked with re-evaluating the list of powers held by the central government, the provincial council powers, and the concurrent list outlined in the constitution. The objective is to propose necessary amendments. We are actively seeking the support of all parties represented in the Parliament for this initiative.

The Provincial Council Act No. 42 of 1987 lacks precise definitions regarding the responsibilities of provincial council ministers, their secretaries, and other officials. As a result, misunderstandings, issues, and confusion can arise. To address this, amendments should be made to the Provincial Council Act, specifying their powers.

Following the revision of these laws concerning Provincial Councils and the enactment of new laws, subject to the Parliament’s agreement, we are prepared to amend the Provincial Council Elections Act.

Presently, three proposals have been submitted in this context:

Adoption of the District Proportional System for Voting

  • Allowing Members of Parliament to contest in provincial council elections
  • Raising the representation of women to 25% or higher
  • Efforts will be made to facilitate discussions, reach consensus, and proceed with the provincial council vote based on these proposals.
  • Our primary focus centers on establishing an advisory council to guide provincial governors until the provincial councils are fully operational. As members of this Advisory Council, we recommend appointing the Chairman or Chief of the Provincial Supervisory Committee, District Development Committee Chairman, and Members of Parliament representing political parties within the province.

Furthermore, we propose the establishment of a separate committee for legislative purposes. This committee would ensure that draft laws receive endorsement from the advisory committee before being enacted into law.

This Advisory Council would be co-chaired by the Governor and a nominated Member of Parliament from the respective province. The governor would oversee executive matters, while the Member of Parliament would preside over legislative affairs.

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

Under the 13th Amendment, police powers have emerged as the most delicate issue in the transfer of authority to the Provincial Councils. As a result, I propose that it might be more practical for us to initially focus on reaching consensus concerning other powers. It’s advisable to progress step by step. Prioritizing sensitive matters could potentially hinder the attainment of any mutual agreement. Instead of commencing with the end in mind, let’s initiate from the beginning.

Hence, let’s initiate discussions about the decentralization of other powers and work towards a shared understanding. Additionally, we can draw insights from the Chief Ministers of the South’s report on power decentralization there.

Our approach should be guided by mutual agreement. Let’s emphasize that this Parliament possesses the strength and wisdom required to collaboratively make decisions that will shape the nation’s future.

Hon Speaker,
It is my sincere intention to progress without any political motivation, addressing the issues faced by the Tamil people in the North and East, in order to secure a much needed sustainable national reconciliation in the country. Reconciliation undoubtedly is an indispensable factor for Sri Lanka’s own development. My recent meeting with the Tamil Parliamentarians representing the Northern and Eastern provinces, was premised on this aspect. Subsequent to this meeting, I believe it is important to keep the Members of this august House informed of the matters discussed, as it forms the basis of the proposed trajectory, the Government would seek to pursue in this regard

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

a. Anti-Terrorism Bill

Following the discussions of the suggested amendments to the Bill, it would be presented to the Cabinet for approval. Subsequent to appropriate action the Bill will be re-gazetted And any person can then petition the Supreme Court and the SC will have the last say with regards to the provisions of the bill.

b. Anti- Corruption Bill

I am pleased that the Anti- Corruption Bill was passed in Parliament last mon

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