In September 2017, over a year ago the terms of Three Provincial Councils (PC), Sabaragamuwa, Eastern and North Central, expired.
North Western, Central and Northern PCs end their terms within the course of this month. As of today six out of the nine PCs remain dormant as a result, and a total of 262 council seats that should have been filled by people’s representatives, to maintain checks and balances on public finances, remain vacant.
The Provincial Council Chairmen and the Governors are entrusted with running the show at the councils until fresh elections are held. The elections, meanwhile, remain a distant dream.
‘The local government election’, some say, ‘was held after a lapse of two years but we hardly noticed’. Taking a cue from this the critics say, some PCs now have continued for 12 months sans members and it is apparent that the country can do without this white elephant.
Growing skepticism mostly fueled by public frustration has begun to question the very existence of Provincial Councils.
State Minister Wasantha Senanayake was recently quoted in the media saying, ‘The six councils no longer functioning, need not be urgently replaced’. The State Minister was trying to drive home a point that the PCs are ineffective, and lack purpose and accountability.
“This is not the time to question their validity, it will only serve to further postpone the already delayed elections,” PAFFREl Executive Director Rohana Hettiarachchi said. “True, we must revisit the PC system but I believe now is not the right time for that dialogue,” he said.
‘If the elections are further delayed we are flouting the principles of democracy’, he said.
Absence of elected members in the council means not only the policy making work will stop, it means that the officials will stick to routine work. There is no one to take difficult decisions. The officials will take cover under existing laws to save their skin.
He said, ‘The country can run with a strong local government system, but we must not forget that the PCs serve a much deeper purpose, they evolved as a solution to the ethnic issue.’
If a satisfactory devolution system can be offered in a different setting, the PCs can then be done away with he said adding that the local government bodies are the strongest unit of devolution in Japan.
“Role of PCs can be redefined with the constitutional changes, but to hold this as a justification to delay elections will be a disaster,” Hettiarachchi said.
The polls observers have blamed the delay on political will. ‘The elections can be held in January or February next year, if the political will is there, Hettiarahchci said adding that lack of consensus among the political parties, including that of the opposition is a major contributory factor for the current impasse. ‘Opposition members’ shouting in front of TV cameras will serve no one, they must do their duty within the parliament’.
Referring to the Delimitation Review committee seeking more time to finish their work, Hettiarachchi said the Committee cannot ask for more time from Parliament. “The law is very clear, It has to conclude its task in two months.”
The law gave set times to ensure the election will not be delayed , and the Speaker of Parliament promised the election observers, when the law was being made, that these safeguards in the Provincial Council Elections Act will be protected. The law gave four weeks to carry out the delimitation work, one week for the Provincial Councils Minister to table the delimitation report in parliament, one month to debate and pass it in the House and two months to finish the work of the Review Committee. The law did not provide for anything outside this schedule, he said.
Provincial Council and Local Government Ministry Legal Officer Gayani Prematilleke supported this opinion that there were no provisions in the new law to extend the term of the Review committee but added that the Speaker might refer the matter to the Attorney General for advice on the particular section of the PC Elections law.
The two month term of the Review Committee was to expire today (October 28) and the committee asked for an extension from the Speaker in late September.
Former Northern Provincial Council TNA member Aiyoob Asmin said, although the seven provinces had the good fortune of electing their own Council since 1988, the Eastern and the northern people had that right after 2008, with the demerger of the North and East provinces. The first Northern Provincial Council was elected even later, in 2013.
“Eastern province had two councils since 2008 but the Northern Province had only one council. Hence, it is unfair for the northern people in particular to delay the PC elections,” he said.
Commenting on the in fighting in the TNA and apparent frictions developing in the Northern political landscape with Ananthi Sashitharan and former chief minister C.V.Vigneswaran forming their own political parties, and this diverted attention being a blessing in disguise to postpone elections, he said it would be the flimsiest excuse to falter democracy.
‘The former chief minister was a failure who caused a division in the TNA. Our people have realized this, they are with us now, the only way to prove this is to have an early election’, he said.
“The Northern province did not focus on implementing the powers vested in the council. Instead the Chief Minister on his own volition used the PC platform to put pressure on the government to have a political solution,’ Asmin said.
While the Central PC developed a strong statute on rural economic development, Wayamba on corportate Development and Uva on Tourism Development (that focused on generating revenue and creating jobs), the North was lagging behind unable to fully exploit the given powers to serve the region.
There was an effort to create a Chief Minister’s Fund, which strove to get Diaspora funding for Northern development. The Government said that under Sri Lanka’s fiscal policy all in-bound funds must come to the Central Bank for allocation.Hence there is a controversy and the Attorney General did not authenticate the Chief Minister’s Fund.
The Provincial councils have their own statutes for more than 18 major subjects that were devolved under the 13th Amendment including health, education, rural development, childcare & probation, women’s affairs, environment, water supply, road development and Irrigation. ‘I don’t agree that Provincial Council system is a white elephant. That perception is created due to the behavior of the elected members , some of whom do not even have a basic understanding of their responsibilities. The need of an election calendar is felt today more than ever.There must be a set deadline to call for local government and PC elections, it can be three months or so but a deadline is a must’ he stressed.
A day after the Northern PC ended its term on October 24, the British High Commissioner to Sri Lanka James Dauris tweeted, ‘Many people will be disappointed that the term in office of a sixth of Sri Lanka’s nine Provincial Councils has expired without voting for new representatives taking place or being planned.
Timely elections are key to ensuring that the values of democracy flourish in our countries,’ he said.