President Ranil Wickremesinghe, even his critics will agree, gets full marks for perseverance and tenacity. This is what has brought him to the highest office in the land today. These qualities haven’t diminished in any way especially with regard to enacting the 13th Amendment to the Constitution.
There has been criticism that the President has raised this issue with one eye on the Presidential Elections due next year, where the votes of the Tamil and Muslim communities in the Northern and Eastern provinces will play a crucial role in what is expected to be a very closely fought contest.
However, even if greater devolution of power is favoured by the Tamil and Muslim communities, it is not very popular with the majority Sinhala community in the South. The latter are greater in number, so catering to the Tamil and Muslim communities will not be electorally profitable to the President.
Devolution of Power
Nevertheless, it is President Wickremesinghe’s wish to pursue implementing the 13th Amendment in full. His argument is that, if it is an integral part of the Constitution, it should be implemented totally. If this is not the wish of the people or the Parliament, it should be removed from the Constitution.
“The devolution of power within Provincial Councils is governed by the 13th 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,” he told Parliament last week.
The President approached the issue of implementing the 13th Amendment in full, with political parties representing the Northern and Eastern provinces prior to his recent visit to India.
In discussions with Indian Prime Minister Narendra Modi did indicate to President Wickremesinghe that New Delhi was keen to see the 13th Amendment fully implemented so that all communities could live in Sri Lanka with dignity. This is also likely to be an issue that the President has factored in.
What was significant was the response of other political parties to the notion that the 13th Amendment should be fully implemented. There appeared to be no consistency in their responses to the issue with only the parties based in the North and East supporting the suggestion without any reservations.
Provincial Council polls
The main opposition party, the Samagi Jana Balavegaya (SJB) has stated it accepted the stance that powers should be devolved to the region in principle. However, it qualified its position by stating that Provincial Council polls should be held first, perhaps with the knowledge that this will not eventuate.
Other parties had similar equivocal responses. What was perhaps most interesting was the response of the Sri Lanka Podujana Peramuna (SLPP) which commands the majority in Parliament. It has become clear that opinion in the party is divided, some favouring full devolution, others opposing it.
It was against such a backdrop that President Wickremesinghe chose to address Parliament last week on this matter. The President’s lengthy address reflected the deep understanding he had on the issue of devolution of power and outlined the path towards it, detailing the constitutional responses required.
This is obviously the result of being involved with the process of devolution of power from its inception, being a member of the Cabinet that endorsed the Indo-Lanka Accord between J.R. Jayewardene and then Indian Premier Rajiv Gandhi in July 1987, creating the 13th Amendment.
Country’s progress
In what was a thorough and insightful study of the Provincial Council system as it currently functions in the country, President Wickremesinghe noted that the system, while having the objective of devolving power to the regions, had many drawbacks which were hampering the country’s progress.
“The Provincial Council Act No. 42 of 1987 lacks precise definitions regarding the responsibilities of Provincial Councils. As a result, misunderstandings, issues and confusion can arise. To address this, amendments must be made to the Provincial Council Act, specifying their powers,” the President said.
These shortcomings have already been identified and studied by a Steering Committee of the Constitutional Council in 2017, the President recalled. The rectification of these will require amendments to Articles 3,4 and 5 of the Constitution, President Wickremesinghe pointed out.
This also provides a response to those who urge the president to use his authority as Executive President to fully implement the 13th Amendment. This cannot be done as full implementation requires constitutional amendments which in turn need a two-thirds majority in Parliament.
In his analysis, the President identified key areas that can be delegated to the provinces. These include the authority to set up vocational and technical training services, establish universities and create provincial tourism promotion boards, all of which are currently retained by the Central Government.
The President also proposed changes to the Provincial Council Elections Act. These are the adoption of a district proportional system for voting, allowing Members of Parliament to contest for Provincial Councils and raising the representation of women to 25 per cent or higher, the President suggested.
Authority over State land
The President also referred to the controversial issue of authority over state land. “A draft National Land Commission has been proposed and is being further studied for formulating a policy pertaining to the alienation of state land. A Land Commission Policy Act is also expected to be enacted,” he said.
President Wickremesinghe also revealed that there was consideration of granting presidential pardons to prisoners involved in activities of the Liberation Tigers of Tamil Eelam. This would be done in accordance with Article 34(1) of the Constitution where it is deemed suitable, he said.
In addition, the President identified several key new laws that would need to be enacted to ensure full devolution of power. They are the proposed Anti-Terrorism Bill, the Anti- Corruption Bill, the Truth Seeking Mechanism Bill and the Office for National Unity and Reconciliation Bill.
Despite these commitments to implementing the 13th Amendment in full, President Wickremesinghe noted that this should be an exercise that is of value to the country. He also referred to Provincial Councils being considered a ‘white elephant’ by some who question it cost effectiveness.
“Our annual expenditure on provincial councils amounts to Rs. 550 billion. Have these councils justified this investment? This is a vital aspect that needs attention. We spend 22,000 rupees for each Lankan citizen every year. Has this substantial funding truly benefited the populace?” he asked.
Thorough examination
The division of power and authority between Provincial Councils, Central Government, and local governing bodies lacks clarity as subjects overlap between Provincial Councils and the central government, resulting in duplication of efforts and delayed actions, President Wickremesinghe noted.
“I urge a thorough examination of these suggestions. I invite you to contribute your ideas. Taking all these viewpoints into careful consideration, the responsibility of arriving at a final decision regarding the role and future of Provincial Councils rests solely with this honourable council,” he concluded.
The full impact of President Wickremesinghe’s proposals will be felt in the weeks and months to come. Political parties, whatever their affiliation and ideology will need to provide a response to the President’s request because this is likely to emerge as a key election issue at forthcoming polls.
Recent history tells us that, ever since the 13th Amendment was introduced to the Constitution- albeit under less than ideal circumstances with Indian oversight and an ongoing terrorist war- major political parties have always opposed each other, when the subject of devolution of power has been discussed.
This is what has led to a situation, more than thirty-six years after the 13th Amendment was introduced, where it lies dormant for all practical purposes in the Constitution. The result is that regions in the North and East feel that they have gained nothing after a thirty-year long war.
Autonomy to the regions
Perhaps through an accident in history, President Wickremesinghe now finds himself in a unique position to rectify this. He leads the United National Party (UNP) which has historically been more favourable to the concept of devolving power and granting more autonomy to the regions.
He also leads a Government dominated by the SLPP, which consists of more nationalist stalwarts who have historically been hesitant to handover power to the periphery. Through sheer political necessity, the President and the Government have been compelled to work together on this and other issues.
It is clear from his recent statements that President Ranil Wickremesinghe is keen to resolve this issue once and for all. He is aware that it could cost him politically. Nevertheless, he is pursuing this challenging task. Whether other political parties support him remains to be seen.
