Features
Province-based Devolution in Sri Lanka: a Critique
by G H Peiris
Continued from Wednesday 16
Those provincial boundaries have remained almost unchanged during the
past 131 years, in disregard of ecological, demographic, economic and political transformations. What prevails now is an archaic and outmoded design that catered to different needs and bureaucratic circumstances.
The provincial administrative system had
only nominal contact and control over many functions of government. Those that were under the direct control of the government such as administration of justice, security, health services, road construction, land development, major hydraulic systems, postal and telecommunication services, railways, etc., were centrally controlled and invariably had sub-national spatial networks of their own.
In addition, and more significantly than all else, throughout British rule there was no irredentist threat from the Indian Sub-Continent which was largely under British rule. Nor did ‘Ceylon’ face serious external threats of destabilisation or conquest except, briefly (in 1942), during the Second World War.
Accordingly, an attempt to conduct Provincial Council elections without changing the existing configuration of provinces is tantamount to disregarding the fact that the continued existence of the present network of provinces, while not achieving effective empowerment of the under-represented and impoverished segments of our population, perpetuates the irredentist threat to the sovereignty and territorial integrity of Sri Lanka. It also ignores the ‘never again’ mandate offered by the people to the present government at the Parliamentary elections conducted last August for a major constitutional overhaul involving, inter alia, province-based devolution.
When the Dutch possessions in Sri Lanka, transferred to the British in 1796, were granted the status of a Crown Colony in 1801, the existing system of regional administration that had consisted of three ‘Collectorates’ was replaced with a network of thirteen ‘Provinces’, each centred on the coastal town after which it was named.
That arrangement, along with a separate administration over the ‘Kandyan Provinces’ annexed by the British in 1815, lasted with some modification until the Colebrooke-Cameron Reforms of 1833 when a unified system of administration embracing the entire country was established. These reforms entailed, inter alia, the setting up of a hierarchically arranged system of regional administration in which five ‘Provinces’, each under the authority of a Government Agent, constituted the basic spatial frame. The Provinces were subdivided into Districts, each comprising several Headman’s Divisions. In many instances, the Headman’s Divisions had some correspondence to the pre-British administrative units of the Portuguese and the Dutch in the lowlands and of the Kandyan kingdom in the highlands.
Yet, in demarcating the Provinces and the Districts, hardly any attempt was made either to draw from history or to accommodate the geographical realities pertaining to criteria such as access to physical resources, resource management, composition of the population, and the interdependence of the different parts of the country from the viewpoint of their development prospects. In practical terms, the main rationalisation of the provincial demarcation appears to have been that of using the best fortified coastal urban centres left behind by the Dutch (Colombo, Galle, Jaffna and Batticaloa), and the capital of the former Kandyan kingdom as bases for developing a system of control over territory, most of which was yet to be explored.
Indeed, it almost seems as if, in establishing a uniform administrative system over the entire country, and in dividing the country into Provinces and Districts, the British made a conscious attempt to move away from tradition as a means of consolidating their hold over the country.
The most pronounced feature of the provincial framework instituted through the reforms of 1833 was the annexation of the outlying territories of the former Kandyan kingdom to the coastal provinces. For instance, while Nuwarakalāviya was included in the Northern Province, Tamankaduwa and a large portion of Uva were placed within the Eastern Province. Likewise, while the Western Province was made to extend well into the Kandyan territories of the western flanks of the Central Highlands, parts of Sabaragamuwa and Uva were incorporated into the Southern Province. It has been asserted (Mills, 1964:68; de Silva, 1981:261-2; Kodikara, 1991:4-5) that the new arrangement amounted to a dismemberment of the former Kandyan kingdom, and was intended, in the words of Mills, “… to weaken the national feelings of the Kandyans”.
British administrative Demarcations of 1833
Superimposed on John Davy’s 1821 demarcation of the Kandyan Kingdom
NOTE: This illustration confirms the submissions by Mr. Samanthe Ratwatte at the SEC meeting on 3 December 2020 on the dismembering of the Kandyan Kingdom by the British in 1833.
Over the next few decades, as population and economic activities expanded, new provinces were carved out of existing ones, bringing their total number to 9 by 1889.
The provincial administration, as indicated by the content of their ‘Annual Reports’, though nominally entrusted with a wide range of functions, was largely concerned during these times with the tasks of revenue collection, infrastructure development in the form of minor construction works, and the monitoring of living conditions among the people. The government activities directly relating to the emerging modern sector of the economy, the administration of justice, and the maintenance of law and order were, for the most part, orchestrated from Colombo. Thus, the creation of new provinces – North-Western Province in 1845, North-Central Province in 1873, Uva Province in 1886, and Sabaragamuwa Province in 1889 – was, in effect, not much more than a process of increasing the number of urban centres used as the principal bases of regional administration. The provinces were not intended to serve as spatial units for the devolution of government authority except in matters of routine administration; nor were they expected to acquire an ‘identity’ in a political sense. In fact, as Governor Ridgeway observed (Administration of Ceylon, 1897:52-53) almost at the end of the 19th century:
“The existing map of the island, compiled chiefly from General Fraser’s map made early in the century, contains errors so numerous and so gross as to make it useless for administrative purposes. For example, 400 miles of provincial boundaries are still un-surveyed. Only three of the larger rivers have been completely surveyed, while in the case of the largest in the island, the Mahaveli Ganga, there is a gap of over 20 miles.”
The provincial demarcation as it stood in 1889 has remained unchanged for well over 130 years. Intra-provincial administrative adjustments were made at various times bringing the total number of Districts in the country from nineteen in 1889 to twenty-five at present. Government Agents of the provinces, holding executive power over their areas of authority, coordinated a range of government activities in their respective provinces. It is important to note, however, that in certain components of governance, while the related regional demarcations did not always coincide with provincial and district boundaries, the Government Agent had either only marginal involvement or no authority at all. This was particularly evident in fields such as the administration of justice, maintenance of law and order, and the provision of services in education and health care, in which there is large-scale daily interaction between the government and the people.
Post-Colonial Territorial Divisions
In the early years of independence, with the passing of the Administrative Districts Act No. 22 of 1955, the province lost whatever importance it had up to that time as a unit of regional administration. Since then, until 1987, the district served as the main unit of regional administration, acquiring, with the increasing politicisation of bureaucratic activities in the country, some recognition as a spatial entity to which the powers and functions of the central government could be decentralised (de Silva, 1993:109-116). A series of reforms implemented since 1973 –the setting up of District Political Authorities, post of District Ministers, District Development Councils, and District Planning Units– not only had the effect of institutionalising the process of increasing political control over the administrative machinery, but also enlarged the range of decision-making functions performed at the level of the district.
From perspective of the SEC, changes that were introduced under the so-called ‘Thirteenth Amendment to the Constitution’ and the Provincial Councils Act of 1987 could be seen, not merely as a revitalisation of the concept of the province as a unit of administration to which certain routine functions of the central government are decentralised, but as an attempt to grant political recognition and distinctiveness to the province as a unit of territorial control, and thus make the spatial framework of provinces the unit of devolution of government power from the Centre to the Regions. This latter, as the observations made above indicate, is a feature which the provincial network left behind by the British never possessed and was, in fact, never intended to possess.
The legislation to establish a system of Provincial Councils, drafted in the course of negotiations that led to the ‘Indo-Lanka Accord’ (a.k.a. Rajiv-JR Pact’) of 1987, was passed by parliament in November that year amidst fierce opposition from both the Sri Lanka Freedom Party (SLFP), the main party in the parliamentary opposition, as well as the Janatha Vimukthi Peramuna (JVP/People’s Liberation Front) which was engaged in an anti-government insurrection at that time. It provided for the transfer (subject to overall control of the central government) of a fairly wide range of powers and functions to councils elected at the level of the provinces. The powers vested by the Act on the president of the country vis-à-vis the Provincial Councils included that of appointing the ‘Provincial Governors’ and, more importantly from the viewpoint of the present discussion, the discretion of permitting the merger of provinces on a permanent or temporary basis to constitute an area of authority of a single council. The power to dissolve a provincial council was also vested in the president.
The clauses of the Provincial Councils Act pertaining to the merger of provinces were exercised by the president in September 1988 to bring about a merger of the Northern and Eastern provinces. This was a response to what had become an unequivocal demand of the Sri Lankan Tamils. The merger decision was intended to be temporary, pending the verdict of the inhabitants of the areas concerned at a referendum on whether it should be made permanent. Though the ‘North-East Provincial Council’, elected to office two months later, survived only until the final stages of withdrawal of the Indian Peace-Keeping Force from Sri Lanka. On the basis of a Supreme Court decision in 2006 which held that the temporary merger of the Northern and Eastern Provinces was no longer valid in law, the two provinces were demerged for the continuing operation of the Provincial Councils Act of 1987.
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The antecedents of the PC system sketched above constitute only two sets of reasons that justify the appeal for its abolition. There are others, the most important among which are the blatant malpractice, extravagance and waste which it has involved all along. As one of our most venerated monks (a staunch source of support and constructive criticism of the ‘regime’) asked last night (13 December) in the course of his comments on the contemplated staging of PC elections, why is it, with all the power you already have, necessary to create more positions of privilege to your henchmen? As reported by the ex-Commissioner of Elections, the last parliamentary elections cost the government a staggering 15 billion rupees.
Burdened, as we are, with the necessity for pandemic precautions, island-wide PC elections will probably cost even more. With that level of expenditure, surely we can achieve a great deal of empowerment of those in dire poverty.
Author
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Author
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There’s an ill more dangerous and pervasive than the Coronavirus that’s currently sweeping Sri Lanka. That is the fear to express one’s convictions. Across the public sector of the country in particular many persons holding high office are stringently regulating and controlling the voices of their consciences and this bodes ill for all and the country.
The corrupting impact of fear was discussed in this column a couple of weeks ago when dealing with the military coup in Myanmar. It stands to the enduring credit of ousted Myanmarese Head of Government Aung San Suu Kyi that she, perhaps for the first time in the history of modern political thought, singled out fear, and not power, as the principal cause of corruption within the individual; powerful or otherwise.
To be sure, power corrupts but the corrupting impact of fear is graver and more devastating. For instance, the fear in a person holding ministerial office or in a senior public sector official, that he would lose position and power as a result of speaking out his convictions and sincere beliefs on matters of the first importance, would lead to a country’s ills going unaddressed and uncorrected.
Besides, the individual concerned would be devaluing himself in the eyes of all irrevocably and revealing himself to be a person who would be willing to compromise his moral integrity for petty worldly gain or a ‘mess of pottage’. This happens all the while in Lankan public life. Some of those who have wielded and are wielding immense power in Sri Lanka leave very much to be desired from these standards.
It could be said that fear has prevented Sri Lanka from growing in every vital respect over the decades and has earned for itself the notoriety of being a directionless country.
All these ills and more are contained in the current controversy in Sri Lanka over the disposal of the bodies of Covid victims, for example. The Sri Lankan polity has no choice but to abide by scientific advice on this question. Since authorities of the standing of even the WHO have declared that the burial of the bodies of those dying of Covid could not prove to be injurious to the wider public, the Sri Lankan health authorities could go ahead and sanction the burying of the bodies concerned. What’s preventing the local authorities from taking this course since they claim to be on the side of science? Who or what are they fearing? This is the issue that’s crying out to be probed and answered.
Considering the need for absolute truthfulness and honesty on the part of all relevant persons and quarters in matters such as these, the latter have no choice but to resign from their positions if they are prevented from following the dictates of their consciences. If they are firmly convinced that burials could bring no harm, they are obliged to take up the position that burials should be allowed.
If any ‘higher authority’ is preventing them from allowing burials, our ministers and officials are conscience-bound to renounce their positions in protest, rather than behave compromisingly and engage in ‘double think’ and ‘double talk’. By adopting the latter course they are helping none but keeping the country in a state of chronic uncertainty, which is a handy recipe for social instabiliy and division.
In the Sri Lankan context, the failure on the part of the quarters that matter to follow scientific advice on the burials question could result in the aggravation of Islamophobia, or hatred of the practitioners of Islam, in the country. Sri Lanka could do without this latter phobia and hatred on account of its implications for national stability and development. The 30 year war against separatist forces was all about the prevention by military means of ‘nation-breaking’. The disastrous results for Sri Lanka from this war are continuing to weigh it down and are part of the international offensive against Sri Lanka in the UNHCR.
However, Islamophobia is an almost world wide phenomenon. It was greatly strengthened during Donald Trump’s presidential tenure in the US. While in office Trump resorted to the divisive ruling strategy of quite a few populist authoritarian rulers of the South. Essentially, the manoeuvre is to divide and rule by pandering to the racial prejudices of majority communities.
It has happened continually in Sri Lanka. In the initial post-independence years and for several decades after, it was a case of some populist politicians of the South whipping-up anti-Tamil sentiments. Some Tamil politicians did likewise in respect of the majority community. No doubt, both such quarters have done Sri Lanka immeasurable harm. By failing to follow scientific advice on the burial question and by not doing what is right, Sri Lanka’s current authorities are opening themselves to the charge that they are pandering to religious extremists among the majority community.
The murderous, destructive course of action adopted by some extremist sections among Muslim communities world wide, including of course Sri Lanka, has not earned the condemnation it deserves from moderate Muslims who make-up the preponderant majority in the Muslim community. It is up to moderate opinion in the latter collectivity to come out more strongly and persuasively against religious extremists in their midst. It will prove to have a cementing and unifying impact among communities.
It is not sufficiently appreciated by governments in the global South in particular that by voicing for religious and racial unity and by working consistently towards it, they would be strengthening democratic development, which is an essential condition for a country’s growth in all senses.
A ‘divided house’ is doomed to fall; this is the lesson of history. ‘National security’ cannot be had without human security and peaceful living among communities is central to the latter. There cannot be any ‘double talk’ or ‘politically correct’ opinions on this question. Truth and falsehood are the only valid categories of thought and speech.
Those in authority everywhere claiming to be democratic need to adopt a scientific outlook on this issue as well. Studies conducted on plural societies in South Asia, for example, reveal that the promotion of friendly, cordial ties among communities invariably brings about healing among estranged groups and produces social peace. This is the truth that is waiting to be acted upon.
Author
By Sanjeewa Jayaweera
It was on 3rd January 1972 that our family arrived in Karachi from Moscow. Our departure from Moscow had been delayed for a few weeks due to the military confrontation between Pakistan and India. It ended on 16th December 1971. After that, international flights were not permitted for some time.
The contrast between Moscow and Karachi was unbelievable. First and foremost, Moscow’s temperature was near minus 40 degrees centigrade, while in Karachi, it was sunny and a warm 28 degrees centigrade. However, what struck us most was the extreme warmth with which the airport authorities greeted our family. As my father was a diplomat, we were quickly ushered to the airport’s VIP Lounge. We were in transit on our way to Rawalpindi, the airport serving the capital of Islamabad.
We quickly realized that the word “we are from Sri Lanka” opened all doors just as saying “open sesame” gained entry to Aladdin’s cave! The broad smile, extreme courtesy, and genuine warmth we received from the Pakistani people were unbelievable.
This was all to do with Mrs Sirima Bandaranaike’s decision to allow Pakistani aircraft to land in Colombo to refuel on the way to Dhaka in East Pakistan during the military confrontation between Pakistan and India. It was a brave decision by Mrs Bandaranaike (Mrs B), and the successive governments and Sri Lanka people are still enjoying the fruits of it. Pakistan has been a steadfast and loyal supporter of our country. They have come to our assistance time and again in times of great need when many have turned their back on us. They have indeed been an “all-weather” friend of our country.
Getting back to 1972, I was an early beneficiary of Pakistani people’s love for Sri Lankans. I failed the entrance exam to gain entry to the only English medium school in Islamabad! However, when I met the Principal, along with my father, he said, “Sanjeewa, although you failed the entrance exam, I will this time make an exception as Sri Lankans are our dear friends.” After that, the joke around the family dinner table was that I owed my education in Pakistan to Mrs B!
At school, my brother and I were extended a warm welcome and always greeted “our good friends from Sri Lanka.” I felt when playing cricket for our college; our runs were cheered more loudly than of others.
One particular incident that I remember well was when the Embassy received a telex from the Foreign inistry. It requested that our High Commissioner seek an immediate meeting with the Prime Minister of Pakistan, Mr Zulifikar Ali Bhutto (ZB), and convey a message from Mrs B. The message requested that an urgent shipment of rice be dispatched to Sri Lanka as there would be an imminent rice shortage. As the Ambassador was not in the station, the responsibility devolved on my father.
It usually takes about a week or more to get an audience with the Prime Minister (PM) of a foreign country due to their busy schedule. However, given the urgency, my father spoke to the Foreign Ministry’s Permanent Sectary, who fortunately was our neighbour and sought an urgent appointment. My father received a call from the PM’s secretary around 10 P.M asking him to come over to the PM’s residence. My father met ZB around midnight. ZB was about to retire to bed and, as such, was in his pyjamas and gown enjoying a cigar! He had greeted my father and had asked, “Mr Jayaweera, what can we do for great friend Madam Bandaranaike?. My father conveyed the message from Colombo and quietly mentioned that there would be riots in the country if there is no rice!
ZB had immediately got the Food Commissioner of Pakistan on the line and said, “I want a shipload of rice to be in Colombo within the next 72 hours!” The Food Commissioner reverted within a few minutes, saying that nothing was available and the last export shipment had left the port only a few hours ago to another country. ZB had instructed to turn the ship around and send it to Colombo. This despite protests from the Food Commissioner about terms and conditions of the Letter of Credit prohibiting non-delivery. Sri Lanka got its delivery of rice!
The next was the visit of Mrs B to Pakistan. On arrival in Rawalpindi airport, she was given a hero’s welcome, which Pakistan had previously only offered to President Gaddafi of Libya, who financially backed Pakistan with his oil money. That day, I missed school and accompanied my parents to the airport. On our way, we witnessed thousands of people had gathered by the roadside to welcome Mrs B.
When we walked to the airport’s tarmac, thousands of people were standing in temporary stands waving Sri Lanka and Pakistan flags and chanting “Sri Lanka Pakistan Zindabad.” The noise emanating from the crowd was as loud and passionate as the cheering that the Pakistani cricket team received during a test match. It was electric!
I believe she was only the second head of state given the privilege of addressing both assemblies of Parliament. The other being Gaddafi. There was genuine affection from Mrs B amongst the people of Pakistan.
I always remember the indefatigable efforts of Mr Abdul Haffez Kardar, a cabinet minister and the President of the Pakistan Cricket Board. From around 1973 onwards, he passionately championed Sri Lanka’s cause to be admitted as a full member of the International Cricket Council (ICC) and granted test status. Every year, he would propose at the ICC’s annual meeting, but England and Australia’s veto kept us out until 1981.
I always felt that our Cricket Board made a mistake by not inviting Pakistan to play our inaugural test match. We should have appreciated Mr Kardar and Pakistan’s efforts. In 1974 the Pakistan board invited our team for a tour involving three test matches and a few first-class games. Most of those who played in our first test match was part of that tour, and no doubt gained significant exposure playing against a highly talented Pakistani team.
Several Pakistani greats were part of the Pakistan and India team that played a match soon after the Central Bank bomb in Colombo to prove that it was safe to play cricket in Colombo. It was a magnificent gesture by both Pakistan and India. Our greatest cricket triumph was in Pakistan when we won the World Cup in 1996. I am sure the players and those who watched the match on TV will remember the passionate support our team received that night from the Pakistani crowd. It was like playing at home!
I also recall reading about how the Pakistani government air freighted several Multi Barrell artillery guns and ammunition to Sri Lanka when the A rmy camp in Jaffna was under severe threat from the LTTE. This was even more important than the shipload of rice that ZB sent. This was crucial as most other countries refused to sell arms to our country during the war.
Time and again, Pakistan has steadfastly supported our country’s cause at the UNHCR. No doubt this year, too, their diplomats will work tirelessly to assist our country.
We extend a warm welcome to Mr Imran Khan, the Prime Minister of Pakistan. He is a truly inspirational individual who was undoubtedly an excellent cricketer. Since retirement from cricket, he has decided to get involved in politics, and after several years of patiently building up his support base, he won the last parliamentary elections. I hope that just as much as he galvanized Sri Lankan cricketers, his political journey would act as a catalyst for people like Kumar Sangakkara and Mahela Jayawardene to get involved in politics. Cricket has been called a “gentleman’s game.” Whilst politics is far from it!.
Author
Believe me, seeing certain videos, on social media, depicting action, on the dance floor, at some of these entertainment venues, got me wondering whether this Coronavirus pandemic is REAL!
To those having a good time, at these particular venues, and, I guess, the management, as well, what the world is experiencing now doesn’t seem to be their concerned.
Obviously, such irresponsible behaviour could create more problems for those who are battling to halt the spread of Covid-19, and the new viriant of Covid, in our part of the world.
The videos, on display, on social media, show certain venues, packed to capacity – with hardly anyone wearing a mask, and social distancing…only a dream..
How can one think of social distancing while gyrating, on a dance floor, that is over crowded!
If this trend continues, it wouldn’t be a surprise if Coronavirus makes its presence felt…at such venues.
And, then, what happens to the entertainment scene, and those involved in this field, especially the musicians? No work, whatsoever!
Lots of countries have closed nightclubs, and venues, where people gather, in order to curtail the spread of this deadly virus that has already claimed the lives of thousands.
Thailand did it and the country is still having lots of restrictions, where entertainment is concerned, and that is probably the reason why Thailand has been able to control the spread of the Coronavirus.
With a population of over 69 million, they have had (so far), a little over 25,000 cases, and 83 deaths, while we, with a population of around 21 million, have over 80,000 cases, and more than 450 deaths.
I’m not saying we should do away with entertainment – totally – but we need to follow a format, connected with the ‘new normal,’ where masks and social distancing are mandatory requirements at these venues. And, dancing, I believe, should be banned, at least temporarily, as one can’t maintain the required social distance, while on the dance floor, especially after drinks.
Police spokesman DIG Ajith Rohana keeps emphasising, on TV, radio, and in the newspapers, the need to adhere to the health regulations, now in force, and that those who fail to do so would be penalised.
He has also stated that plainclothes officers would move around to apprehend such offenders.
Perhaps, he should instruct his officers to pay surprise visits to some of these entertainment venues.
He would certainly have more than a bus load of offenders to be whisked off for PCR/Rapid Antigen tests!
I need to quote what Dr. H.T. Wickremasinghe said in his article, published in The Island of Tuesday, February 16th, 2021:
“…let me conclude, while emphasising the need to continue our general public health measures, such as wearing masks, social distancing, and avoiding crowded gatherings, to reduce the risk of contact with an infected person.
“There is no science to beat common sense.”
But…do some of our folks have this thing called COMMON SENSE!
