Devolution Of Power To Province Or Region, & To Local Government Level
Dr. Kumudu Kusum Kumara
The Report of the Public Representations Committee (PRC) on Constitutional Reform (see, yourconsitution.lk) has generated public discussion and one area that attracts interest in these discussions is devolution of power. Such discussions have highlighted that the PRC has recommended retaining the Province as the unit of Devolution and gone onto discuss its political implications for democracy. The intention of this article is to point out that the PRC report goes beyond the Province as the unit of devolution. The report in addition to the Province as the unit of devolution in Chapter 9, also recommends (in Chapter 7) Region as a possible alternative unit of devolution, and Local Government as the next tier of devolution. Let me elaborate.
Chapter 5 of the PRC report (The Nature of the State) refers to proposals from the public to establish a Union of Regions (p.20). Having considered them, the report, in Chapter 7 ( Forms and Tiers of Government) states that the PRC unanimously recommends that “[T]here shall be 3 tiers of government: National, Provincial or Regional and Local Government. Local Government shall be made the next tier of devolution after the Province or Region” (Italics added). It recommends that “[T]he role, powers and functions of local government should be expanded and empowered to make them effective institutions based on the following principles: (a) Closest level of people’s sovereignty, (b) Local democracy, (c) Local development, (d) Citizen participation in governance, (e) Inclusive democracy (Inclusion of marginalized / interest groups & communities).” It goes onto say that “[I]n order to make such a transformation, more attention should be paid to the structures and processes of the lowest units of local government” (p.40).
In Chapter 9 (Devolution), again representations on devolving power to a regional unit as an alternative to the Province are discussed and one committee member recommends such a unit for devolution (p.53). Then under the subheading ‘Scope of Devolution,’ recommendations of the PRC consistently refer to “Provincial/Regional level” (pp. 63-64).
