Professional Documents
Culture Documents
August
2012,
Colombo,
Sri
Lanka:
The
Centre
for
Policy
Alternatives
(CPA)
is
concerned
about
the
tabling
of
the
Divineguma
Bill
in
Parliament
which
if
enacted
will
have
serious
implications
for
democracy,
devolution
and
good
governance
in
Sri
Lanka.
CPA
and
its
Executive
Director
filed
a
Petition
today
in
the
Supreme
Court
(SC
SD
3/2012)
challenging
the
constitutionality
of
the
Bill.
CPA
is
concerned
with
both
the
process
by
which
the
Bill
was
introduced
and
its
substantive
provisions.
Whilst
the
Bill
has
a
wide
reach,
CPA
highlights
the
two
most
important
issues.
The
Bill,
if
enacted,
provides
wide
powers
to
the
Minister
in
charge
of
Economic
Development
to
regulate
and
decide
on
a
wide
range
of
issues
including
subjects
within
the
purview
of
the
Provincial
Councils,
with
limited
checks
and
balances.
The
Bill
contains
several
clauses
providing
for
the
take
over
of
subjects
provided
in
the
Provincial
Council
list
in
the
Thirteenth
Amendment
to
the
Constitution,
raising
serious
concerns
not
merely
of
centralisation
and
the
consolidation
of
power,
but
also
of
the
political
will
of
the
Government
in
terms
of
its
pledges
to
implement
to
the
full
existing
provisions
in
the
constitution
on
devolution.
Furthermore,
the
Bill
if
enacted
will
take
away
the
ambit
of
oversight
mechanisms,
especially
in
the
area
of
financial
control
and
accountability.
The
Bill
also
contains
provision
for
officers
and
servants
of
the
Department
established
through
the
Bill
to
sign
a
declaration
pledging
secrecy
related
to
work
of
the
said
Department,
raising
questions
as
to
why
such
a
provision
should
be
included
in
respect
of
a
Department
that
is
meant
to
serve
and
be
accountable
to
the
people.
CPA
holds
that
any
Government
institution
including
departments
must
be
accountable
to
the
legislature
and
be
transparent
in
their
functions
especially
in
the
area
of
finance.
Thus,
it
is
essential
that
all
entities
receiving
and
dealing
with
State
funds
adhere
to
the
standards
set
in
terms
of
Chapter
XVII
of
the
Constitution.
In
addition
to
the
range
of
substantive
issues
that
are
problematic,
there
are
concerns
about
process.
The
lack
of
discussion
and
transparency
prior
to
the
tabling
of
the
Bill
and
of
any
known
consultation
among
communities
and
others
who
will
be
affected
is
extremely
troubling.
This
is
a
general
problem
related
to
the
law
making
process
and
particularly
so
in
this
case,
given
the
implications
of
such
a
Bill.
CPA
hopes
that
the
challenging
of
the
Bill
will
raise
public
awareness
and
generate
discussion
and
debate
on
it
processes
that
are
paramount
in
a
functioning
democracy.
The
Divineguma
Bill
can
be
accessed
here.
Centre for Policy Alternatives (Guarantee) Limited | 24/2, 28th Lane, off Flower Road, Colombo 7, Sri Lanka Tel: +94 11 2565304-6, 5552746, 5552748 | Fax: +94 11 4714460 | Email: cpa@cpalanka.org | Web: www.cpalanka.org
###
The
Centre
for
Policy
Alternatives
(CPA)
was
formed
in
the
firm
belief
that
there
is
an
urgent
need
to
strengthen
institution-
and
capacity-building
for
good
governance
and
conflict
transformation
in
Sri
Lanka
and
that
non-partisan
civil
society
groups
have
an
important
and
constructive
contribution
to
make
to
this
process.
The
primary
role
envisaged
for
the
Centre
in
the
field
of
public
policy
is
a
pro-active
and
interventionary
one,
aimed
at
the
dissemination
and
advocacy
of
policy
alternatives
for
non-violent
conflict
resolution
and
democratic
governance.
Accordingly,
the
work
of
the
Centre
involves
a
major
research
component
through
which
the
policy
alternatives
advocated
are
identified
and
developed.
Centre for Policy Alternatives (Guarantee) Limited | 24/2, 28th Lane, off Flower Road, Colombo 7, Sri Lanka Tel: +94 11 2565304-6, 5552746, 5552748 | Fax: +94 11 4714460 | Email: cpa@cpalanka.org | Web: www.cpalanka.org