An opportunity for meaningful power sharing

Mahinda Samarasinghe

The next few days will prove a watershed in the arduous and protracted search for a viable and workable solution to our country's national question.

The All Party Representative Committee (APRC), which has deliberated upon the various points of view expressed by several actors of every political hue and persuasion over the past year, will present its findings to the President shortly, thus enabling measures to be taken to cement the gains made on the battlefield so that Sri Lankans of every ethnicity can reap the full benefits of the peace, restoration of democracy and security that has been won in the face of adversity and terrorism.

It is our responsibility - as democratically elected representatives of the people - to forge a political solution that satisfies the minimum aspirations of all our sovereign peoples while safeguarding the territorial integrity and unity of our land.

As a politician who commenced public life serving in one of the first-ever Provincial Councils as a Minister as far back as the nineteen-eighties, I am deeply conscious of the need to achieve a consensual approach to the national issue based on power sharing between the central government and democratic institutions at the periphery.

I am fully aware of the plenitude of powers that could potentially be exercised by provincial authorities. Given the personal leadership extended by President Mahinda Rajapaksa towards this initiative, we should not miss the opportunity to ensure full implementation of the power sharing arrangement originally envisaged.

What we have experienced over the past two decades, is a lack of understanding of and a good faith approach towards full implementation of the Thirteenth Amendment to the Constitution and its progeny the Provincial Councils Act.

Several successive Governments failed to see the benefits of the devolved structure and withheld some of the powers that should have been devolved. I believe that power sharing to the maximum extent allowed under those legislative instruments would have borne the desired fruit if the political culture that prevailed, terrorism and a general lack of trust had not hampered the development of a peaceful democracy in Sri Lanka.

It is a pity that such efforts were never brought to fruition through devolution of the full quantum of power under the Provincial Council system. We have before us an opportunity to guarantee the full implementation of the Thirteenth Amendment and we should use this opportunity, with the full support of the nation's Head of State and Government, to work for the development of our country and the betterment of its people.

As we look forward to advancing along the road to a durable, just and productive peace for our people, we must first determine what initial steps we need to take to ensure steady progress.

While quantum leaps may seem attractive and academically desirable, the ground reality of the current situation must be taken into consideration when proposing practical measures to address any issue.

Even if the Government were enthused by a far-reaching set of proposals emanating from the APRC, we must take a step-by-step approach in building on what we possess, firmly entrenching our successes and then gradually expanding upon power sharing arrangements when the time is ripe.

This, therefore, is a strong argument for full implementation of the Thirteenth Amendment as an initial step towards the ultimate goal of securing lasting peace and prosperity.

The APRC process involving wide consultation, in depth discussion and pragmatic compromise, has shown that there are a range of issues yet to be resolved in order to achieve the final "perfect" solution. Many of the more ambitious proposals discussed will involve extensive constitutional amendment and reconfiguration of the structure of the State.

These procedures will take a considerable period of time to devise, negotiate, achieve consensus on and emplace. Meanwhile, in the East, we have a large area of liberated territory which demands the restoration of civil administration, rehabilitation and development as a social and political imperative.

It is only fitting that a political authority mandated by the Constitution and representative of the people of those areas be constituted to guide and inform the restoration of normality. This authority can only be provided under the umbrella of the existing constitutional fabric - encapsulated in the Thirteenth Amendment.

As a matter of practicality, the existence of a strong and functioning provincial authority will provide a boost to the services that the Centre can offer the people of the Provinces. One example is the areas coming under my purview as Minister of Disaster Management and Human Rights.

Some matters relating to humanitarian assistance, displacement and relief are matters in the Concurrent List under the Thirteenth Amendment. My Ministry will be able to provide better targeted, more responsive and speedier services if coordinated with the provincial authority and the District Secretary at the local level.

I see the existence of this provincial tier of governance as a source of strength rather than a source of complexity and inefficiency. In relation to human rights, the Government at the provincial level can monitor and be responsive to basic human rights issues at the local level by promoting not only the civil and political rights of people but also ensuring the realisation of economic, social and cultural rights of its constituents.

Grassroots level activities aimed at promotion and protection of human rights, supported and assisted by the Centre, can be facilitated by provincial administrations and legislatures. It is up to us to ensure better coordination as we strive to perform our duties for the benefit of the people.

The full implementation of the Thirteenth Amendment will involve devolution of all matters in the Provincial List (List I) including powers of maintenance of law and order to the extent provided within the Province.

In addition to devolution of Police Powers, provision is made in the Constitution for power sharing relating to Land and Land Settlement, Health and Education (to the extent provided). These are critical issues which are devolved on the Provinces.

There are also shared competencies which are set out in List III. A via media must be reached as to the sharing, coordination of and also the exercise of these powers between the Provinces and the Centre.

All levers and control mechanisms in the hands of the Centre in terms of Articles 154K to 154N must be exercised with judicious care and only when necessary.

In short, every effort must be made in good faith to assure provinces the fullest degree of autonomy within the constitutional framework. Whatever steps are required to be taken to address the scourge of terrorism, they must be embarked upon with the clear objective of safeguarding and ensuring the territorial integrity, unity and sovereignty of the nation.

At the same time, genuine economic, political, cultural, religious and linguistic grievances must be attended to by way of a political solution as these are, ultimately, problems of a socio-political nature.

Had the 13th Amendment been appreciated and understood in its proper context and had the Government of that day and successive Governments committed wholeheartedly to its implementation, the problems experienced today by people who live in conflict-affected areas could have been avoided or greatly minimised. It is still not too late.

As much as we are bound up in the current enthusiasm of announcing the full implementation of the Thirteenth Amendment, we should also ensure the manifestation of the requisite political will in order that the full benefits of this advancement are realized.

It is my fervent wish that, under the leadership of President Mahinda Rajapaksa, we will take resolute and definite steps to defeat the forces of terrorism and ensure a durable political solution to Sri Lanka's burning national question.

In the final analysis we need to ensure that devolved political structures buttress and strengthen the multi-ethnic, multi-lingual, multi-religious and multi-cultural character of the Sri Lankan polity. It is the fostering of plurality and diversity in an accommodative national environment that can lead to a truly common Sri Lankan identity.

The writer is the Human Rights and Disaster Management Minister.