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Conflict Resolution: Tamil Eelam - Sri Lanka > Broken Pacts & Evasive Proposals > Chandrika's 'Devolution'
Proposals:1995/2001 > Text of Sri Lanka Proposal, 3 August 1995
Chandrika's 'Devolution Proposals'
Text of Sri Lanka Proposal
for Devolution
- released by President Chandrika Kumaratunga
on 3 August 1995
PREAMBLE
These proposals seek to redefine the constitutional foundation of a plural society
within a united and sovereign Republic of Sri Lanka based on the following principles.
- a) promoting a vision of Sri Lanka where all communities can live in safety an security
and their human dignity is valued and equality of treatment is an accepted norm of public
life;
- b) ensuring that all communities be given the space to express their distinct identity
and promote that identity including the right to enjoy their own culture, profess and
practice their own religion, and nurture and promote their own language including the
right to transact business with the State in the national language of their choice;
- c) ensuring that all persons may fully and effectively exercise all their human rights
and fundamental freedoms without any distinctions and in full equality before the law.
- d) giving recognition to Sinhala and Tamil as official languages and recognizing English
as a link language;
- e) providing an effective constitutional framework for the sharing of power with the
regions based on an internationally consistent and coherent value system. There would be
clarity and consistency in the distribution of power between the center and the regions
and the scheme would be one which is capable of effective implementation and include
structures for the just and equitable resolution of center region disputes;
- f) ensuring that all communities participate fully in the life of the nation whether it
be at the national, regional or local level, thereby encouraging the regions and the
communities which inhabit them to become constructive partners in a stable and pluralistic
democracy.
I. STRUCTURE OF DEVOLUTION
- 1.1 Unit of Devolution
- A regional council will be established for every province identified by a new schedule
to the Constitution. One of the regions would be constituted by redemarcating the existing
boundaries of the present North-East Province in full consultation with a view to
reconciling Sinhala, Tamil and Muslim interests.
- 1.2 Regional Councils
- A Regional Council will consist of such number of members as may be determined by law. A
Regional Council unless sooner dissolved, continue for a period of five years. There will
be a Speaker and a Deputy Speaker for each Council.
- 1.2.1 Legislative power in the region will be vested in the Regional Council. Every
region may make laws applicable to the region with respect to any subject set out in the
regional list. The Regional Council will have no jurisdiction over the Reserved List.
- 1.3 Governor
- There will be a Governor for each region for which a Regional Council has been
established, appointed by the President with the concurrence of the Chief Minister of the
Region.
- 1.3.1 The Governor will vacate his office upon:
- (a) resignation;
- (b) a two-thirds majority of the Regional Council passing a vote of no confidence;
- (c) removal by the President.
- 1.3.2 The Governor may summon, dissolve and prorogue the Regional Council on the advice
of the Chief Minister.
- 1.4 Chief Minister and the Board of Ministers
- The Governor will call upon the person who commands the confidence of the majority in
the Regional Council to form the Regional administration.
- 1.4.1 The Chief Minister cannot be removed from office so long as he enjoys the
confidence of the regional council.
- 1.4.2 Executive power in the Region will be vested in the Board of Ministers who will be
appointed by the Governor on the advice of the Chief Minister. The Board of Ministers and
the Chief Minister will be collectively responsible to the Regional Council.
- 1.5 Capital Territory
- The territory comprising the cities of Colombo and Sri Jayawardenapura Kotte will be
excluded from the jurisdiction of the Regional Council constituted for the Western Region
and will be administered directly by the center, in such manner as the center may think
fit.
II. FINANCE
2.1 There will be a National Finance Commission entrusted with allocating grants to the
region, keeping in mind the objectives of balanced regional development.
2.2 Regional Councils will have the powers of taxation in certain specified areas, and
the Constitution will require other revenue sharing arrangements.
2.3 Regional Councils will have the power to borrow as well as to set up their own
financial institutions. International borrowing above a prescribed limit will require the
concurrence of the center.
2.4 Regional Councils may regulate and promote foreign direct investment, international
grants, and development assistance, subject to such conditions as may be specified by the
center.
III. LAW AND ORDER
- 3.1 There will be a regional police service headed by a Regional Police Commissioner
appointed by the Chief Minister, in consultation with the Governor of the Region. The
Regional Police Commissioner will be responsible to, and function under the control of,
the relevant Chief Minister. The Regional police service will investigate all offenses
against persons and property.
- 3.2 There will be a national police service responsible for investigating offences
against the States, threats to national security, offences related to elections,
inter-province crimes and international crimes. The national police service will be headed
by the National Police Commissioner and will be responsible for the Central Government.
- 3.3 The recruitment, transfers within the region, dismissal and disciplinary control of
members of the regional police service will be the responsibility of the Regional Police
Commission.
- 3.4 There will be a National Police Commission, the functions of which will include the
transfer of Police Officers from one region to another in consultation with the Regional
Police Commission.
- 3.5 The National Police Commission and the Regional Police Commission will both be
appointed by the Constitutional Council. In the case of appointment of the Regional Police
Commission, the Constitutional Council will act in consultation with the Chief Minister of
the Region in question.
IV. LAND AND LAND SETTLEMENT
- 4.1 Land will be a devolved subject and State land within a region will be vested in the
Regional Councils. State land within a region required for the purposes of the center in
respect of a reserved subject may be utilized by the center in consultation with the
relevant Regional Council in accordance with such procedures as may be established by law.
- 4.2 Priority in future land settlement schemes will be given to persons first of the
district and then of the Region.
V. EDUCATION
- 5.1 Education and Higher Education will be devolved subjects included in the regional
list.
- 5.2 Certain specified schools and universities may be declared "National"
institutions administered by the center.
- 5.3 The recruitment, transfer and disciplinary control of teachers other than those in
National Schools will be the responsibility of the Regional Council.
- 5.4 Training of teachers will be the responsibility of both the center and Regional
Councils depending on w whether such teachers are to be recruited to the National or
Regional Councils.
- 5.5 Curriculum development in regional schools will be the responsibility of the
Regional Councils. Minimum standards will be set by the center.
- 5.6 There will be a National Education Commission composed of representatives of the
center and the regions entrusted with the following functions:
- a. identifying "national" schools and universities in consultation with
regional Chief Ministers and stipulating criteria for admission into these national
schools and universities.
- b. setting minimum standards with regard to training, examination, curriculum, and
employment of teachers
VI. ADMINISTRATION OF JUSTICE
- 6.1 There will be a High Court in every region. The High Court will exercise criminal,
appellate and writ jurisdiction within the region.
- 6.2 The Regional Judicial Service Commission, which will be appointed by the
Constitutional Council in consultation with the Chief Minister of the region will consist
of the Chief Judge of the High Court and the two High Court Judges next in seniority.
- 6.3 Regional Judicial Service Commission will be responsible for the appointment of
Regional High Court Judges and minor judiciary within the region. The Regional Judicial
Service Commission will consult with the National Judicial Service Commission with regard
to the transfer of judges.
- 6.4 The Governor will appoint a Regional Attorney-General who will advise the Governor
on the Constitutionality of laws passed by the Regional Council. If a law is seen to be
unconstitutional, the Regional Attorney-General after consultation with the Governor will
institute action before the Supreme Court or any other tribunal specially set up to
resolve disputes between the center and the region.
VII. PUBLIC SERVICE
- 7.1 There will be a Regional Public Service Commission (appointed by the Constitutional
Council in consultation with the relevant Chief Minister) responsible for the recruitment,
disciplinary control and dismissal of all persons employed by or seconded to, the Regional
Councils.
- 7.2 The Regional Public Service Commission will consult with the National Public Service
Commission, (also appointed by the Constitutional Council) in effecting the transfer of
all such persons outside the Region.
VIII. COMMISSION ON DEVOLUTION
- 8.1 There will be a Permanent Commission on Devolution appointed by the Constitutional
Council to resolve disputes between the center and a region or disputes among the regions.
The Commission will have powers of mediation as well as adjudication.
IX. FRAME WORK RELATING TO DEVOLUTION
- 9.1 The Constitution will provide:
- a. that the Republic of Sri Lanka shall be united and sovereign. It shall be a union of
Regions.
- b. that the territory of Republic will consist of regions, the names of which are set
out in the first schedule. and its territorial waters,
- c. that the legislative power of the People will be exercised by the Parliament,
Regional Councils, and the People at a Referendum to the extent hereinafter provided: and
- d. that the executive power of the people will be exercised by the President of the
Republic acting on the advice of the Prime Minister and the Cabinet of Ministers and the
Governors acting on the advice of the respective Chief Ministers and Regional Boards of
the Ministers to the extent hereinafter provided.
- 9.2 Article 76 of the existing Constitution will be deleted.
X. SUBSTANCE OF DEVOLUTION 10.1 Regional Councils will exercise exclusive
legislative and executive competence within the devolved sphere. The subjects and
functions will be distributed between the center and the regions as set out in the
appendix.
APPENDIX
- LISTS
-
- A. THE REGIONAL LIST
- Health and indigenous medicine
- Education and Educational Services, excluding national schools and national universities
and the setting of minimum standards for training, examination, curriculum and teacher
qualifications
- Agriculture and agrarian services,
- Irrigation within a region
- Animal husbandry
- Fisheries
- Forestry and protection of the environment within a Region
- Industries and industrial development
- Energy
- Transport
- Minor ports and harbours
- Roads and waterways
- Housing and construction
- Urban planning
- Rural development
- Local Government
- Co-operatives
- Supply and distribution of food within the Region
- Promotion of tourism
- The regulation of cultural activity within a region, including public performances
- Broadcasting and media, including television
- Relief, rehabilitation and reconstruction
- Social security
- State land and its alienation or disposal (state land within a Region required for the
purposes of the Centre in respect of a reserved subject may be utilized by the Centre in
consultation with the relevant regional Council and in accordancewith such procedures as
may be established by law).
- Regional police and law and order
- Administration of Borstal and reformatory institutions
- Regional public service
- Sports
- Regulation of unincorporated associations and societies within the Region.
- Regional debt
- Domestic and international borrowing (international borrowings above a specified limit
would require the concurrence of the centre).
- The regulation and promotion of foreign(gn direct investment, international grants and
developmental assistance to the Region.
- Regional financial and credit institutions
- Excise duties to be specified
- Turnover taxes on wholesale or retail sales to the extent to be specified.
- Betting taxes, taxes on prize competitions and lotteries other than National Lotteries
- Motor vehicle license fees
- Stamp duties on transfer of properties, such as land and motor cars
- Fines imposed by courts
- Court fees, including stamp fees on documents produced in courts.
- Land revenue, including the assessment and collection of revenues, and maintenance of
land records for revenue purposes.
- Taxes on mineral rights
- Offences against laws with respect to any of the matters specified in the list
- Taxes on mineral rights
- Fines in respect of the matters in the Regional List
- Planning at the regional level.
- B. RESERVED LIST (CENTRAL GOVERNMENT LIST)
- Defence, national security, national police, and the security forces
- Immigration, Emigration and Citizenship
- Foreign Affairs
- National Census and Statistics
- National Planning
- Currency and Foreign Exchange, international economic relations and monetary policy
- Public Debt of the Government of Sri Lanka
- Foreign loans of the Government of Sri Lanka
- Regulation of banking and other financial institutions
- Insurance
- Stock Exchange and futures markets
- Audit of the Government of Sri Lanka
- Taxes on income capital and wealth of individuals companies and corporations
- Custom duties including import and export duties, and excise duties (excluding such
excise duties as may be devolved on the regions)
- Turnover taxes and stamp duties , goods and services taxes (excluding those taxes and
duties devolved on the regions)
- Pensions payable by the Government of Sri Lanka or out of consolidated fund.
- Atomic Energy
- Maintenance and management of the National Grid
- Minerals and mines (regulation and development of oil fields and mineral resources,
petroleum and petroleum products)
- National Rivers
- Airports, harbours and ports with international transportation
- Inter-regional transport and railways
- Civil aviation
- Inter-regional highways
- Shipping and navigation; Maritime Zones including historical waters and territorial
waters (Exclusive Economic Zone and Continental Shelf)
- Elections (excluding elections to Local Authorities)
- Posts and telecommunications
- National Public Service and the National Public Service Commission
- National Health Administration (inclusive of existing special purpose hospitals and
teaching hospitals affiliated to national Universities; Training, education and research
relating to Health; development of National Health standards; administration of all
special programmes)
- Drugs, poisons and narcotics
- Administration of justice
- National Universities
- National standards with regard to professions, occupation and training
- National standards relating to research, development and training in the area of
agriculture.
- Inter-regional irrigation schemes
- Fishing beyond the territorial waters
- Management of central policy and research institutions in the field of education eg.
National Institute of Education; Management and supervision of national schools, conduct
of national public certification examinations; imposition of minimum standards for
training, curriculum and teacher qualifications
- Adoption of children
- National Industrial Research & Training
- Regulation of activities for the enhancement of quality standards
- Foreign trade, inter-regional trade and commerce
- Patents, inventions, designs, copyright, trademarks and merchandise marks
- Monopolies and mergers
- Inter-regional food distribution
- National media including Central Government Broadcasting and Television Institutions
- National Archives and Museums, and archaeological sites declared by law to be of
national importance
- National Environment and National Policy on Tourism
- Specialized National Housing Programmes
- Specialised National Poverty Alleviation Programmes
- Youth and Women's Affairs
- Buddhism
- Development of National sports administration and infrastructure
- Intervention in instances of National (natural and environmental) disaster and epidemics
- Labour regulation and standards
- Surveys for the purpose of any matters enumerated in the Reserved List
- Offences against Laws with respect to any of the matters in the list
- Fees in respect of any of the matters in the list but not including fees taken in any
Court
- Public utility infrastructure development
