Features
In defence of Provincial Councils
By Dr. Nrmala Chandrahasan
The Provincial Councils, like the windmills in Cervante’s Don Quixote, are having brickbats thrown at, and cantankerous knights tilting at them. In this piece I would like to answer some of the criticisms made against the Provincial Councils. But before I do so I note that the Prime Minister has announced that the Provincial Council elections will be held once the ground situation is ready for it. This welcome statement puts paid to all the critics, it being generally acknowledged that the Prime Minister as an experienced and consummate politician would know the political climate in the country and act accordingly.
One of the frequent criticisms is that the Provincial Councils were imposed upon the Sri Lankan polity by the Government of India. To recapitulate the sequence of events, following upon the July 1983 pogrom (riots) against the Tamil citizens of the Country and the outbreak of civil unrest in Sri Lanka, the then Prime minister of India, Shrimathi Indhira Gandhi sent an envoy as part of a diplomatic initiative to find ways of bringing the country back to normalcy. A process of negotiations was begun between the Governments of India and Sri Lanka with India playing the role of an interlocutor bringing the Tamil parties and the Government of Sri Lanka to the negotiating table, in order to solve the ongoing insurgency by Tamil militants and the ethnic problem in the island through Constitutional proposals. The outcome of these negotiations were the India –Sri Lanka: Agreement to Establish Peace and Normalcy in Sri Lanka, i. e. the Indo-Sri Lanka Peace Accord in July 1987, and the drawing up of the 13th Amendment to the Constitution and the Provincial Councils Act no: 42 of November 1987. By virtue of these two Acts Provincial Councils were set up. The opponents of the Provincial Councils argue that it is not a homegrown institution but one imposed by a foreign power. In this connection I would refer the readers to a very informative and well-researched article by Professor Gamini Keerawella in The Island newspaper of 16th September 2020 titled “Genealogy of Concept and Genesis of 13th Amendment”, in which he traces the genesis of Provincial Councils from the Donoughmore Commission Recommendations in 1931 ,through the Regional Councils of the Bandaranaike –Chelvanayakam pact 1956 , the Dudley Senanayake –Chelvanayakam agreement, and even the promised but not forthcoming Devolution proposals made by the Sirimavo Bandaranaike Government before the 1974 bye-elections in Kankesanthurai. This proves that the matter of devolution and provincial councils has been on the political anvil in this country for a long time and is not a foreign imposition but a home grown one.
In fact the 13th Amendment came out of extensive discussions between the J. R .Jayewardene government and the TULF the Tamil party led by Mr. Amithalingam, in July- August 1986. Secretary to the discussion was Felix Dias Abeysinghe retired Commissioner of Elections. The indo-Sri Lanka treaty was signed one year later in July 1987. The 13th Amendment and the Provincial Councils Act were passed in November 1987. One might say that the leverage for the passing of the 13th Amendment was the Treaty between India and Sri Lanka which provided for devolution. In the negotiations the TULF negotiating team were no match for the astute Mr. Jayewardene who outmanoeuvred them. It was only subsequently that they came to realise that the Bills as framed were below their expectations and they distanced themselves from the whole exercise. Mr Amirthalingam in a letter to Shri Rajiv Gandhi in October 1987, set out his disappointment with the two Bills, saying that contrary to the belief that the Chapter pertaining to Provincial Councils would confer on the Provinces a measure of credible autonomy,the present Bills enabled Parliament and the Central Executive to continue to exercise its authority even in respect of those powers conferred on the Province . In my view the problem lay with the Provincial Councils Act which negates many of the powers given under the 13th Amendment. This could have been, and can still be remedied by a few amendments to the Provincial Councils Act. I will return to this later.
Although the Provincial Councils and the devolution proposals were meant for the North East which were the Tamil speaking part of the country and intended to settle the ongoing armed conflict, the Jayewardene government extended the Provincial Council system to all the provinces of the country. Hence the present Provincial Council system is based not on any specific regional or ethnic criteria but is directed to all the people of the country and seeks to empower the people in their own localities be it in Jaffna or Matara. This system allows for decisions pertaining to the Provinces to be taken closer to the local people and communities and not only by politicians and bureaucrats in Colombo, i. e. the ‘Colombites’ to use a phrase coined by Gomin Dayasri. In hindsight this was a good move as it made it an all island system. Thus, we might say that the Indian intervention brought something that was beneficial to the country and to all the communities. However, foreign intervention may not always bring good results. A lesson to be learnt from this episode is that when you do not keep your house in order and there is dissension and disaffection, the neighbours and not so near neighbours will certainly want to look in, seeking to interfere and usually it is for their own benefit. If at the behest of a few people, i. e. ultranationalists and authoritarian oriented elements, we start to upset the existing political system and cause the minority communities to feel insecure and agitated it can once again lead to a situation where third parties intervene. The best policy is to keep the ship afloat, particularly in the context of the grim economic situation without destabilising the political structure by abolishing the Provincial Councils, as is being suggested in some quarters.
Another criticism made is that the province is not the appropriate unit of devolution. As a counter to this I would refer to the Majority Report of the Experts Committee appointed by President Mahinda Rajapaksa in 2006 to advise on the constitutional changes, and of which i was myself a member. I cite from the Report as follows, “Unit of Devolution. The group held extensive discussions on the various options and the different aspects of the options. We are of the view that a unit of devolution should as far as practicable consist of geographically contiguous territory, be conducive to balanced regional development and be designed to enhance administrative efficiency. Differences in endowments are to be expected among units. In this context, the group is of the view that the appropriate Unit of Devolution would be the Province”. I might mention that there were no members of any political party in the Experts panel which included lawyers, academics and experienced members of the judicial and administrative services and the discussions were based on factual and spatial considerations.
Another criticism made is that the Provincial Councils are like white elephants and have not been effective in delivering any services to the people while the State incurs additional expenses in keeping them running. This criticism has some substance to it and the reasons for its inability to deliver have to be examined while comparing it to similar bodies in other countries. In the United Kingdom which is a Unitary state similar powers have been devolved on the different ethnic regional units, i. e. Scotland, Wales and Northern Ireland, (which is the Province of Ulster). All these units have their own legislative assemblies, and in the case of Scotland a Parliament while at the same time they are represented in the Parliament in West Minster. In India too which has a quasi-federal Constitution the States have a Governor and Legislative Assemblies exercising powers not very different from those set out in the 13th Amendment. In all the above instances devolution has worked efficiently and the regional/ provincial units have been able to work efficiently and deliver the required services to the people. So we have to see why Provincial Councils in Lanka have not worked so well.
To begin with in order to work efficiently adequate financial funding is required. Under the provisions of the Provincial Councils Act the Governor of the Province is given a controlling power over the finances of the province. The Provincial Council cannot pass any Statue imposing or abolishing any taxes without the consent of the Governor. Governors have not been cooperative in this regard. Hence the Councils have to depend largely on Central grants. The report of the Parliamentary Sub – Committee on Centre –Periphery Relations, November 2016, points out that in addition to the limited tax raising power vested in the Provinces are the limitations placed on obtaining loans and investments, and on seeking or at least administering projects financed by foreign aid and investments. The Committee concluded that “the corrosive effect of inadequate or unprincipled financing arrangements is that they impair Provincial and local service delivery, leading to an erosion of confidence in what are constitutionally established democratic institutions”.
The Provincial Councils Act gives the Governor control of the Provincial Public service and the provincial Public Service Commission. These are powers which even the President does not exercise over the National Public service. In Provinces where the ruling party at the Centre is also the party in control of a Provincial Council, Governors have been less assertive of their prerogatives and the Chief Ministers have been better able to operate efficiently. However, the Provincial Councils of the North and the East have had less leeway. In India on the other hand the Governors of the States act like constitutional heads and do not take over executive functions.
Another area which needs re-organization is the administrative service in the Province. The Majority Report of the Experts Committee 2006, recommended that for devolution of power to be effective it should be devoid of duality and hence there should be a restructuring of the administration in the Provincial. Another matter of concern is that of the allocation of subjects. Although the 13th Amendment sets out the allocation of subjects between the Province and the Centre in two lists and a third concurrent list, there are overlapping powers and the Provincial area of competence has come to be circumscribed. In order to function efficiently there has to be clarity in the allocation of subjects and this too is a matter which has to be looked into. I have outlined the shortcomings of the Provincial Council system which have impeded their efficient functioning. Most of these stem from the Provincial Councils Act . This Act can be amended by a simple majority in Parliament. The administrative changes and restructuring of the administrative services in the Province can be done by gazette notifications by the President as provided for in the 13th Amendment itself. This will not need any major constitutional changes.
Despite its shortcomings and the restrictions and encroachments by the Central Government, the Provincial Council system has taken root in the Country. It provides for people to enter into and engage in political activity at the Provincial level. Persons who have gained experience of political issues at the local level can thereafter gravitate to the national level. The minorities Tamil and Muslim are able to feel that they have some say in the management of their own affairs and within their localities. This is a safety valve which is necessary in any multi- ethnic state, as we see in the United Kingdom (UK) where the ethnic Scots, Welsh and Northern Irish have devolution of powers in respect of their local areas. Without attempting to do away with the Provincial Council System it should be implemented in full while making the necessary changes through amendments and administrative action, so as to make them more efficient in the delivery of services to the people in their localities.
Provincial Councils have been part of the Sri Lankan Constitution for over 30 years. It is time the bureaucrats in Colombo and the government ministers stopped viewing them with suspicion or antipathy, and saw them as supportive institutions in the governance of the country, making for a more efficient administration and a more democratic form of governance for the whole country. The Tamil parties could, by working towards meaningful devolution and further empowered systems of Provincial Councils and Local Authorities, become engaged in a process that is in the national interest while promoting the aspirations and interests of the Tamil speaking people. It is to be hoped that the Provincial Council elections will be held early in the coming year and the continuity of the existing political system maintained.
Features
Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber
“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “
According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.
Sri Lanka’s Absence from Section 301 Consultations
But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.
In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.
As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .
Awakening from Diplomatic Slumber and AKD’s Gazette
Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.
As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?
Challenges ahead
“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.
With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.
So, this is definitely not the time to slumber.
(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira ✍️
Features
Tales of Mystery and Suspense 10 Casino for Sale
After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.
I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.
This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.
Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.
The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.
But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.
Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.
Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.
Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.
Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.
When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.
Again, lots of excitement, and entertaining references – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.
Features
The challenge of being positive about SAARC
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
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