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We reproduce below the paper read out by the APRC Chairman Prof. Tissa Vitarana at the meeting of the party leaders held with President Mahinda Rajapaksa on Jan 9 th 2008. The 4 page document is titled ‘A Political Proposal: The Way Forward’

1. A political initiative by the Government, appropriate at this time, must begin with the implementation of the Thirteenth Amendment to the Constitution. This is existing law. Moreover, it is part of the Constitution, the highest law of the country.
It is beyond doubt that the implementation of constitutional provisions is a basic duty of the Government. What is contemplated here, as a point of departure, is the application of established principles.

2. The crucial elements here are political will and sincerity of purpose.
Although the Thirteenth Amendment is an integral aspect of the Constitution of Sri Lanka, it has not been implemented, in its
entirety or even substantially, at any time upto the present.

This is due, essentially, to lack of political resolve. The result has been a deep sense of cynicism – a reaction to laws consistently honoured in the breach.

The Government will correct this situation by immediately commencing the implementation of the Thirteenth Amendment.

3. Part of the rationale underpinning this approach is our conviction that decisions relating to suitable courses of action for the future can properly be made only after current provisions have received practical expression.

The position today is that the Constitution contains provision for structures which have never been put in place. The gaps, if any, in these structures will be clearly identifiable only after substantial implementation.
This is, consequently, the obvious step to take at this time.

4. This action will be taken by the Government within the framework of the country’s constitutional and legal system, as interpreted in authoritative judicial rulings.

The effect of recent pronouncements by the Supreme Court is that there has been no lawful merger of the Northern and Eastern Provinces for the purpose of power sharing, and that they constitute distinct entities in this context.

It follows that the procedures now envisaged by the Government will be resorted to in this constitutional setting.

5. The Government wishes, at the same time, to emphasise that what it proposes to do is not merely to implement laws which have been in the statute books for two decades. This is neither timely nor sufficient.

It is necessary to take into account developments which have taken place during the intervening period.
With this end in view, the Government proposes to add a variety of new elements’ which give the current initiative a character and identity of its own.

6. A critical imperative at this time is the progressive revival of vibrant electoral mechanisms in the Northern and Eastern Provinces.

The re-establishment of Government control over the Eastern Province now provides us with the opportunity of holding elections to those Pradeshiya Sabhas and local authorities, in respect of which the electoral process remained dormant because of the presence of the LTTE in the areas in question.

It is the Government’s intention to complete this before March this year.
Simultaneously, preparations will be made for the holding of Provincial Council elections in the Eastern Province as a whole.

The Government believes that this will be possible with regard to the Northern Province as well before the end of the year 2008.

7. Meanwhile, pending the holding of elections in both Provinces – the North and the East – arrangements will be made to bring into being informal, but effective, bodies which will enable participation by the people of these areas in matters pertaining to their governance at the provincial level. This will serve as part of a visible political process.

Inasmuch as the Governor’s authority, in terms of the structural framework of the Thirteenth Amendment, provides the channel through which decisions of the Board of Ministers of the Province receive legal effect, it is envisaged that the informal bodies will be constituted by the President, one for each Province, to interact with the Governor in an advisory capacity in all matters relating to provincial administration.

The President will perform this function in consultation with Members of Parliament representing the two Provinces.
The qualifications and experience required of the persons eligible for appointment will be spelt out, and selections will be made in keeping with these criteria.

These bodies, which will be a bridge between the Governor and the people of the two Provinces, will function until Provincial Council elections are held in the Northern and Eastern Provinces.

8. A series of effective measures will be taken; as a matter of the highest priority, to redress problems of a practical nature which members of minority communities have complained of consistently.

Where these measures require statutory intervention, legislation will be presented to Parliament urgently.

This category of situation is exemplified by Article 2(b) (2) of the Thirteenth Amendment to the Constitution which provides that, “Tamil shall also be an official language”. It is further enacted that, “Parliament shall by law provide for the implementation of the provisions of this Chapter”.

Accordingly, comprehensive legislation to facilitate the use of Tamil as an official language will be presented to Parliament within two months.

9. There are many contexts in which remedial measures will assume an administrative, rather than a legislative, character.
The following are instances of measures which will be strenuously accelerated and implemented by the Government:

(a) recruitment of Tamil police officers in sufficient numbers, to enable Tamil speaking members of the public, not only in the North and the East, but in the country as a whole, to transact business in their own language in police stations;
(b) the taking of all steps, including recruitment of staff and procurement of equipment, to enable Tamil speaking members of the public to deal with Ministries, Government Departments, statutory corporations and all other public bodies in their own language;
(c) the provision of interpreters and other relevant facilities in all courts of law, so that the needs of members of minority communities are catered for fully with regard to all aspects of the administration of justice;
(d) the regular holding of, and streamlining of procedures for, mobile “clinics” where officials fluent in the Tamil language will engage in problem solving on the spot.

10. Action will be taken to expand the ambit of the functions and responsibilities of Pradeshiya Sabhas and local authorities to develop them into potent instruments of public service at the gross roots level.

At the core of the Government’s attitude to public administration is its belief in the compelling need for a “bottom up”, as opposed to a “top down”, approach at this time.

It is proposed to draw extensively upon the gramarajya concept, embedded in our own country’s political culture and traditions, as well as the panchayar system which has proved exceedingly fruitful in India, to buttress participatory values and to achieve the highest possible degree of sensitivity on the part of the administration to the aspirations of the people.

Particular attention will be paid to:
(a) ensuring adequate resources, on a regular basis, for local authorities in the discharge of their enhanced responsibilities; and
(b) establishing an institutional nexus between Local Authorities and Provincial Councils, so as to enable the former to make a direct and more vigorous impact on decision making at the provincial level.

11. The Government will, within a period of two months, introduce legislation in Par1iament for the appointment of an Ombudsman to address a wide range of grievances .on the part of members of minority communities, in such fields as recruitment to the public service, admission to schools and universities, withholding of benefits and all other complaints of an administrative nature.

A special feature of this legislation is that the Ombudsman appointed for this purpose will not be restricted in his function to reporting to Parliament, but will be empowered to make decisions which are enforceable.

12. The Government attaches the greatest value to the work of the APRC as an indispensable forum for inter-party deliberations directed towards the emergence of as broad a consensus as possible in respect of the key components of a just and viable political solution.

It is the Government’s firm conviction that these deliberations should continue with greater intensity.
The continuity of this process is of vital importance to the nation.

As and when agreement is arrived at on the salient features of a political solution, the Government will be prepared to undertake the legislative measures required to give effect to the consensus reached.

The Government’s present purpose is to initiate the political process by the adoption of a series of measures which are immediately capable of being taken, with the conviction that this is the beginning of a process, the future trajectory of which will be determined principally by the proceedings of the APRC

Related: President Rajapakse wants “APRC River” to Flow Backwards