Awareness Raising Workshop for Newly Elected Local Authority Leaders in Jaffna & Killinochchi
4th-5th Nov 2011
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Download the report of the workshop as a PDF in English here.
Awareness Raising Workshop for Newly Elected Local Authority Leaders in Jaffna & Killinochchi
4th-5th Nov 2011
###
Download the report of the workshop as a PDF in English here.
Good morning everyone.
I have to talk to you about local government as a progressive partner in development in Jaffna. As I said yesterday, at the inaugural session, the importance of local governance is that it is the level of government closest to the people. Therefore, you have a lot of potential to lay the foundation for democratic development for peace, for unity, for all of these things. You have a very special responsibility as being in the first level of government and one that is the closest to the people.
The second point that I made was that, problems of local governance are common throughout Sri Lanka. We have lived with a centralized political culture for most of the sixty -three years of independence. It is becoming more centralized now all over the country. However, whilst there are common problems, Jaffna has very special issues. Circumstances in Jaffna are different and we need to bear this in mind when we look at the questions arising from the potential of local government as a progressive partner in development.
The third point is that there is no provincial council system in Jaffna. You have central government and I think we all can agree, we have a lot of central government! More than what we need in Jaffna. You have local government but you do not have provincial government. And according to the Constitution of the country, local government, the third level of government, comes under second level of government. Now we do not know when there will be a provincial council? How it will happen and what its powers will be? This is subject to negotiations and a parliamentary select committee. All of it is up in the air. We do know, that when it comes to development in Jaffna, we have a presidential task force, there is a development project called “Uthuru Wasanthaya,” or the Northern Spring, which is designed and implemented by the center. A major criticism that has been made is that, the people did not have much opportunity to identify their needs and their priorities. I have heard the criticism that the people affected by these projects are bystanders and an audience that watches the development project unfold, rather than participants and stakeholders.
There are developments in the field of local government which you should know about and which we should talk about. The government is coming up with the Local Government Reform Bill, which is going to change the system of elections to local government. The argument they make is that it is very important that we move from the proportional system to the old ward system with a single member representing a ward so that all the people in that ward will know who is supposed to be responsible for the services that are being provided. The system envisaged will not be based on the ward system alone but partly based on ward system and partly based on proportional system. The system is heavily weighted in favor of political parties. Independent groups will have to pay a lot more in deposits to be able to stand for election. It is a system that appears to meet the demands for greater democratization, but in actual fact it will entrench the power of political parties and their leadership.
The second development we might get is the proposal of the government to introduce a system of Jana Sabhas. Jana Sabhas or Peoples Councils, are going to be authorities which will report directly to the Ministry of Economic Development. They will deal with all development projects in the province, in the district. So, they will effectively have control over expenditure of funds. This is very important. As far as urban councils and municipal councils are concerned, the corresponding proposal is to group lots of municipal and urban councils together, in what they call metropolitan councils. This system is mooted for Colombo, Kotte, Dehiwala-Mount Lavinia. They will be grouped together under such an authority and all such authorities will be reporting to the Ministry of Economic Development. Urban development, it should also be noted, is under the Ministry of Defense and Urban Development.
Now you may ask the question that when all these developments are happening, whereby centralization will be increased, whether there is any space at all for local government authorities to do anything? Is it worth it? Is it possible? Can it be done? And I want to suggest you that, it can be done. I want to suggest you that, as representatives of your political parties, as the representatives of your community, as the leaders who are closest to the people and that you must take the responsibility that you have been given by the people seriously to preserve, and strengthen and expand the space and powers, wherever possible, for you to conduct your own affairs. That is why I emphasize, the democratic potential and the responsibility you have, because you are the closest to the people. Your working circumstances and the space may not be at all favorable. There are a number of actors. But it is a great, serious responsibility that you have not to give up but protect the space that you have and expand it. But what I mean by strengthening is not just protest and complaint. It is importantly about making sure that whatever you are allowed to do and can do for the people in the community you do well, in terms of the transparency in your decision making. The scrupulousness with which you manage the finances, the openness to consultation and participation with the community, are tremendously important and integral to the bond of accountability that representative democracy is all about.
You must also provide leadership in terms of a vision of the kind of local community you want. Leaders are not there to follow, leaders are not there to be lazy, leaders are there to lead, and leading is about being able to consult to listen to other opinions and make important choices and pursue them. So even in the limited space that there is, I want to suggest to you, appeal to you that you preserve that space, to strengthen that space, and even to expand that space. You have to make sure that you function with transparency, with accountability, that you emphasize consultation and participation and all of you provide a vision of local government for the community. You must come up with constructive ideas about how to move forward.
In another context, there is a classic example of an initiative, which has strengthened democratic governance, despite the centralizing tendencies of the central government. of the country. I want to give you the example of the Right to Information in India. The right to information in India has now the status of national legislation, where citizens of India can make requests for information from the central government and government agencies pertaining to anything that affects their lives. The Indian government, like any other government was not particularly fond of local autonomy and of giving a great degree of space and freedom for local government authorities to do a whole variety of things. They were also very suspicious, given the structure of governance, that the state governments would have much closer and stronger relationships with the grass roots. Therefore the Rajiv Gandhi government came up with a Panchayat –raj – creating units at the grass root level in an attempt to strengthen the relations between the central government and the grassroots bypassing the state governments.
The intentions and hopes of the central government notwithstansding, the demand, the push, the pressure, for information about development projects about what has been decided, how much is allocated, how much is spent in a three month period, in a six month period, who were the laborers paid and how much, came from the grass roots. There were number of instances where labors and people protested saying, “you are cheating us, this is our money, this is how the money should be spent, we are going to monitor because this is our money.” They pushed and pushed and finally state governments had to come up with right to information legislation and then ultimately the central government. Now this is an example of pressure from the local level for greater democratization. When you consider yourself, as a strategic partner, a progressive partner, in development, I urge you bear this in mind. Ensure that development takes place, in a democratic frame work, within a rights frame work.
We all know that development involves rights and is not just a technical question. Where you build, how far from which community you build, who you consult? Do you go and talk to the men or female? These are questions, about power, about resources, how to allocate them? To whom do you allocate them? Where do you locate them? Governance is indispensable for development. If you do not have development within a rights framework, then that development is going to be seen with suspicion and distrust. The people will have an ambivalent attitude towards it. It will be something done to them, rather than something done by them. Development must first and foremost be about people and people have rights.
The Nobel prize winner professor Amartya Sen has written book after book challenging and arguing that development and democracy must go together. One strengthens the other. One strengthens the other to make sure that it is sustainable, that is durable, that it provides benefits to many people. So my appeal to you is when you look at development, look at in terms of democratic framework in terms of people.
When I say that I believe that local government is at the very forefront of increasing, protecting, strengthening a democratic space, that it is the primary assignment in building the blocks for democracy, peace and unity and prosperity. You are there at the grass roots, people have elected you, you have a responsibility to provide them your service and also to give them a vision. There are number of problems. The space is small. But do not lose that space. And act with transparency and accountability as we have talked about, the chances are that you will not lose the space. In a sense on you is the responsibility, for building a new Jaffna. Building a new Jaffna from the bottom up on the basis of what is good for the future.
Now I can go on and on and on, but it is important for me to know what you think, so I want to ask the general question, do people agree with what I have said? Do they disagree with it? Do they have alternative ideas? At the end of the day, this dialogue emphasizes conversation, so we need to have your ideas. That is what I would like to know.
CPA’s Governance & Anti Corruption programme commenced in July 2007 with launching of National Anti Corruption Action Plan in partnership with USAID. This unit focuses on Governance issues with particular emphasis on Local Authorities and the Transparency & Accountability angles of their budget processes. G&AC mainly works as a facilitator with more than 75 areas specific partners including Local Authorities and different type of CSOs. Other important areas of concern are procurement, Right to Information and accountability. The ANSA (Affiliated Network for Social Accountability) supported project currently being implemented aims for Pradeshiya Sabha Budget Process Awareness and aims to motivate newly elected members and officials of Pradeshiya Sabhas, as well as community members. Above 75 area-specific local partners provide a wealth of information and networking opportunities. The programme also works to disseminate trilingual, user friendly publications on relevant subject areas as well as analytical studies.
In July 2010, the GACP Programme, in collaboration with the Affiliated Network for Social Accountability (ANSA) conducted an interactive dialogue to share Sri Lankan and South Asian experiences of civic engagement within the procurement process. The main objectives of the dialogue were to promote transparency within the local government procurement process, to work towards minimising delays and obtaining the most financially advantageous and best quality services, for the nation.
Problems identified included the lack of engagement within the procurement process of local government, that procurement work is a part of public expenditure tracking, the importance of entry points, the non-linear process of evolution in which the dynamic nature of state-society collaboration should be emphasized and enabling a context to provide opportunities for civic actors to effectively engage with governance processes in the short-term. Many senior officials attended this event including Chief Secretaries from most provinces within Sri Lanka. Dr. Paikiasothy Saravanamuttu, Executive Director of CPA gave the keynote speech on the importance of transparency and the Right to Information. Also present was Mr.D.P Hettiarachchi, Additional Secretary to the Ministry of Local Government and Provincial Councils, Mr. Anura Lokugamage, Chief Accountant of the Ministry of National Languages and Social Integration, who gave a presentation on the Sri Lankan Experience in Procurement and Dr Gopakumar K. Thampi, Director and Chief Operating Officer of ANSA-SAR.
Another highlight of the work by G & AC programme was the launch of the Open Budget Survey 2010 Findings Of South Asia and the Consultation on Implications, Challenges and Trends, held from Nov 24th – 25th 2010. The event was supported by Affiliated Network for Social Accountability for South Asia and Global [ANSA –SA/Global] of Dhaka Bangladesh and International Budget Partnership [IBP] of USA.
This event brought together over 20 key international budget players, analyzers and researchers including the Governor of the Central Bank of Bangladesh, Government Whip of Bangladesh National Parliament, Chief Economist of the government of Pakistan, Deputy Finance Minister of Afghanistan, Legislative members and civil society organization’s budget activists working for budget transparency across South Asia (except Bhutan and Maldives.) During the two and half days of the event, participants attended a wide range of hands-on and constructive consultations, met with their peers from across the region and exchanged lessons, experiences, trends, challenges, implications and remedial actions.
The preparation of the event had taken almost four and half months, beginning with the previous South Asian OBI 2008 event held in New Delhi, India in February 2008. During that South Asian media release, the idea of preparing a larger budget pan-South Asian launch of the Open Budget Survey findings 2010 designed for South Asian budget advocates, analyzers, economic players with the state and non- state sector in Sri Lanka, as well as South Asia, was conceived. This plan was further strengthened through mutual experience, assistance and cooperation given by the ANSA –SA/Global including specifically Dr. Gopa Kumar Thampi the Chief Operating Officer of ANSA. International Budget Partnership (IBP) at the Centre on Budget and Policy, known as an organization which brought the first strong budget transparency index to the globe to re-check the behaviours of their national public purse, provided ample technical assistance, capacity building and mutual directions. During the design development stage, a network was built among South Asian researchers that became the distance working group for the event. IBP, ANSA and CPA collaborated routinely through emails and tele- conferences.
The regional working group consisted of Mr. Sakti Golder of Center on Budget Governance Advocacy, the country researcher – India, Mr. Khurram Irshad of the Omar Asgar Khan Development Foundation , Country researcher- Pakistan, Mr. Abhu Eusuf of the University of Dhaka, the country researcher- Bangladesh, Mr. Krishna Sapkota of Freedom Forum, Country researcher-Nepal, Mr. Lorenzo Delesgues of Integrity Watch Afghanistan, the country researcher – Afghanistan and Ms. Sriyanie Wijesundara of Centre for Policy Alternatives, country researcher – Sri Lanka. This working group was responsible for the initial design of the event agenda and agreeing on the scope of the event.
A Regional Consultation on Trends, Implications and Challenges of Open Budget Systems was held on 26th Nov 2010.The agenda was developed for primary target audiences such as:
This consultation was planned to share regional experiences on open budget systems in respective countries based on the OBS 2010 findings. The Consultation was opened with a stirring speech given by Mr. Chandra Jayaratne, former Chairman of the Ceylon Chamber of Commerce on Importance of public oversight mechanisms. This paved the way to the Country specific planning sessions which focused on Strategising South Asian Budget Transparency Initiatives.
In the country specific planning sessions, Bangladesh, Pakistan and Afghanistan, India jointly and Sri Lanka separately were directed to discuss and present the plan focusing Key challenges, Capacity and Knowledge gaps, best practices, potential linkages regarding their country budget systems and methodological improvements for Open Budget Survey.
Download the PDF of this study here.
Using attractive traditional narratives, “Good Governance” by S.G. Punchihewa is a simple, reader-friendly introduction to the importance of Good Governance in any society. S.G. Punchihewa who has worked closely with CPA, is a lawyer, human rights activist and communicator has spent decades of his life, serving the peoples of this country, tirelessly speaking and writing about democracy, good governance, human rights among other valuable topics. This publication is available in Sinhala and Tamil.
Good Governance, by S.G. Punchihewa, is available for download as a PDF in Sinhala here and in Tamil here.
22nd November 2011, Colombo, Sri Lanka: The Centre for Policy Alternatives is pleased to release a new report examining the freedom of expression on the Internet in Sri Lanka. Since 2007, the freedom of expression on the Internet has faced considerable restrictions on account of the arbitrary blocking of websites and pronouncements by the government for greater regulation and monitoring of online content. There have also been concerns about the transfer of technology from countries such as China that may strengthen a surveillance regime and lead to further restrictions on web content. These issues along with a repressive legal framework have a chilling effect on freedom of expression on the Internet.
In line with the need to emphasise a rights-based framework when addressing online freedom of expression, the report examines the specific cases and practices that restrict freedom of expression on the Internet with respect to regulation, legislation and arbitrary action. In consideration of international freedom of expression standards, CPA’s report examines the government’s compliance with the broader international best practices and recommendations detailed in the report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, which was submitted at the Seventeenth session of the United Nations Human Rights Council (UNHRC).
The report looks specifically at the arbitrary blocking and filtering of web content; criminalisation of legitimate expression; the status of intermediary liability and actions of intermediaries; the potential for disconnecting users from Internet access, including on the basis of intellectual property law due to the broad nature of intellectual property legislation. The report also examines the potential threat that cyber-attacks may present to online freedom of expression, as well as the growing concern over and implications of the lack of substantive legislation for the protection of individual privacy and data. The final consideration of this report is with regard to Internet access and the acknowledgement of government policies with respect to providing adequate infrastructure for increasing Internet penetration in the country.
While the reform of existing legislation and regulatory practices is required in order to address the clear concerns about online freedom of expression, the report proposes national and international advocacy to ensure that the government addresses the issue of reform and adheres to international standards on the freedom of expression. There is also a need for a multi-stakeholder initiative so that the perspectives of users, intermediaries and other resource persons are incorporated into the design of legislation and formulation regulatory standards, thereby ensuring wide deliberation and participation to achieve the ultimate goal of strengthening freedom of expression on the Internet in Sri Lanka.