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Join us in calling on His Excellency The President of the Democratic Socialist Republic of Sri Lanka to introduce a Constitutional Amendment to limit the size of the Cabinet to 20, with no more than 20 Cabinet Ministers and no more than 20 other Ministers of Junior Ministerial rank.

You can sign the petition by clicking here.

http://www.change.org/en-GB/petitions/his-excellency-mahinda-rajapaksa-the-president-of-sri-lanka-introduce-constitutional-amendment-limiting-cabinet-to-20-cabinet-ministers

Short link – http://chn.ge/YbSBgY

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Recent heated statements about the 13th Amendment confirm the view, heard recently at the Seminar on Indo-Lankan relations held at Osmania University in Hyderabad, that most commentators look on issues through a single prism. They fail to look at the principles that they would like to think they are advancing. Rather they concentrate on slogans, and become emotional, without concentrating on what those slogans are meant to represent.

Perhaps this is a necessary evil in political jousting for, if you looked at the principles, you would have to accept that even people coming from different perspectives have a lot in common. With regard to the question of devolution of power for instance, we find this to be the case, the moment we use the word decentralization instead. Most people don’t understand the distinction between them, understandably so since, for all practical purposes, there is no great distinction.

Thus there is universal agreement that we need decentralization. This is because any administration needs to have clear responsibilities with regard to the people, it needs to consult their wishes as well as be aware of their needs, and it must be accountable to them. This is not possible with regard to day to day matters when you have centralized decision making.

Thus we find that those now opposed to Provincial Councils claim that the best unit for devolution is the District. This rings a bell with me because, in the eighties, the Liberal Party put forward the suggestion that District Councils should be given greater responsibilities. Dudley Senanayake had tried to introduce these in the sixties and failed, because of opposition based on racism, sadly supported in that dark period in their history by the Marxist parties too. What finally made him abandon the plan though was the opposition in his own party, led by Cyril Mathew, supported it should be remembered by D B Wijetunge, but with the shadow of J R Jayewardene lurking in the background. Read the rest of this entry »

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Text of lecture at a workshop at the Kotelawala Defence University – January 20th 2013

In the first section of this talk I spoke about the confusion in Sri Lanka between the Executive and the Legislature. Flowing from a system in which expansion of the Executive is seen as the easiest way of ensuring a Parliamentary majority, we have overlapping Ministries. We have however failed to institutionalize systems of coordination, both within the executive branch and also within Parliament which is supposed to exercise oversight and contribute to policy formulation.

We have also failed to promote coordination of activities between the different levels of government, or between different branches at the same level. As it is, we have a very confusing Constitution that entrusts several responsibilities to Provincial administrations but then gives authority also to the Central government. This is because we have what is termed a Concurrent List, which is nothing but concurrent because in the event of disagreement the will of the Central government prevails; and dual responsibilities at provincial and local level. It is also because the Centre is given responsibility for National Policy on all subjects, but we have failed to conceptualize this clearly and to spell it out in legislation.

I have become more acutely aware of the problem in my role as Convenor of the Task Force meant to expedite implementation of the National Human Rights Action Plan. It is important to make policy changes in accordance with the plan, but ensuring acceptance of these and relevant action at all levels will not be easy. In particular, while we should not duplicate action, and should leave this to local agencies which are best equipped to cover all geographical areas, we must ensure monitoring, and that is best done through a Central agency to ensure uniformity. However our legal officials have still not entrenched a system of legislation that makes clear the primacy of National Policy and the obligation of the Central government to ensure its implementation, while leaving implementation to other levels of government. I should add that they have also completely failed to ensure conformity with the 13th amendment in much legislation that has entered the statute books in the last two decades, while this has also been ignored in various administrative decisions taken by Central government.

The problem is compounded by the fact that the Province, while it should remain the unit that exercises responsibility for both regulations with regard to devolved subjects and for executive action in those areas, is too large for the consultation and accountability that make devolution meaningful. We should therefore be building up local government institutions, but at present these are not given sufficient authority, while they suffer staff shortages that prevent effective action in many vital areas.

To illustrate the confusion we suffer from, let me consider the care of children, which I have been much concerned with recently. Fortunately we now have a Secretary at the Ministry who can conceptualize coherently, and who understands the problems and is also capable of developing systems of coordination which will enhance the services on offer. But whether he can cut through the accumulation of entities in the field is a question.
Read the rest of this entry »

Rajiva Wijesinha

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