An
Open Letter to the Left Parties and the SLMC
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by Laksiri Fernando
( November 10, 2012, Sydney, Sri Lanka
Guardian) It is quite unfortunate that the Government is determined to impose
the Divineguma legislation through a two third majority on the people of the
North without consulting them at all through an elected Provincial Council.
There is a major difference between the use of a two third majority to pass
such legislation with consultation of the people and without consultation. Under
the system of devolution, it is like ‘taxes without representation.’ This is
particularly so when considering the specific situation of the Northern
Province, politically, demographically and historically.
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| Plundering all around |
The Bill is inimical to all provinces
and Provincial Councils although this was not properly understood when it was
hastily referred to the existing Provincial Councils. There are however major
repercussions in the case of the North we all should be concerned about. This
is the time to correct it.
The Government has completely failed to
hold elections for the Northern Provincial Council without any valid reason,
even after three and a half years since the end of the war. People are
aggrieved about the situation, to say the least. This is a deprivation of a
fundamental right that the people of other provinces are exercising. While the majority
of the people are obviously in complete disagreement with the Divineguma Bill,
they are not in a position to legitimately express or protest, because of the virtual
Army Rule in the province. Before deciding on your vote on the Bill, therefore,
there are three major issues that you specifically need to consider.
1.
Is
the Bill so important to risk another cycle of conflict in the North?
Absolutely not. The
impact of the Bill in essence will be like the impact of the Sinhala Only Act or
much worse given the recent past history. It is discriminatory on the Tamil, Muslim
and Sinhalese population living in the North. Passing of the Bill and imposing
it on the people in the North, by a two third majority, will particularly alienate
the Tamil people from the Sri Lankan polity further and give a possible opportunity
for the separatist and extremist elements to organize themselves again in the
near future. The imposition of the Bill is undemocratic and goes against all the
tenets of religious, cultural and democratic traditions of the country.
2.
Can
the Divineguma be implemented under Samurdhi as it is done today?
Yes it can. No
one would oppose the ‘objectives stated’ in the Bill. But the structures proposed
are quite detrimental to the very objectives. There is no reason to create a
Super Class Department instead of the existing Authority. More importantly, it
is high time to implement all development programs in the country in
coordination and cooperation of the Provincial Councils. The present Divineguma
Bill not only by passes the provincial structures but also creates different
structures at the community, divisional and district levels, completely
detrimental to the existing administrative structures of the country. These
structures would lead to large scale corruption and mismanagement of funds
which are meant to be for the poorest of the poor people.
3.
What
are the implications of the Bill passing haphazardly on Devolution in the
country?
Implications are
quite tremendous. If this Bill is passed especially with a two third majority,
it would be the end of devolution in the country. The Bill takes over many
functions that could be jointly and cooperatively implemented by the Centre and
the Provinces. These are the functions of the Concurrent List. Under this Bill,
these functions are centralized and would be implemented bypassing the Provincial
Councils. There had been so many clauses directly and indirectly going against
the 13th Amendment. The Supreme Court has highlighted the main. Even
with the suggested amendments, the Bill will remain in opposition to the spirit
of the 13th Amendment and many other fundamental norms of democracy.
Also consider the political atmosphere created in support of the Divineguma
Bill. The proponents are advocating complete abolition of the 13th
Amendment and the Provincial Council system.
There are other background factors that the
Left Parties and the Sri Lanka Muslims Congress (SLMC) should take into account
not necessarily in any priority order. (a) The rise of intolerance against
minorities and minority rights. (b) The curtailment of welfare (i.e. health and
education) and the disregard for workers’ and peasants’ rights. (c) The
breakdown of rule of law and the assault on the independence of the judiciary.
(d) The general deterioration of democracy and the failure to bring a political
solution to the ethnic conflict. (e) Violence and violations with impunity.
In the midst of all these developments,
if the Divineguma Bill is imposed on the Northern Province, it would be the death
knell of devolution in the country. The best option for the country would have
been to ask the Government to withdraw the Bill. As it is too late, oppose the
Bill in order that the Bill would not receive a two third majority and would
not be imposed on the Northern Province. This appeal is made for other MPs as
well.
Don’t
Vote for the Divineguma Bill.
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