SRI LANKA COUNTRY PROFILE

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CP2002-SRI LANKA PAGE 69 Of 106
Amendment to the Constitution devolved certain functions to the local level by establishing Provincial Councils
(PC). PCs with legislative and executive powers made the “supervision of the administration of local authorities” a
provincial subject. However PCs cannot reduce the existing powers of local authorities, but can assign additional
powers. The Presidential Commission on Local Government (1999) described the existing system of local
government as a “system of democratic decentralization for the performance of a limited scope of functions at the
local level” rather than “a comprehensive and full-fledged level of governance.” The Commission went on to state
that, “what we have today is only a network of local authorities, viz., Municipal Councils, Urban Councils and
Pradeshiya Sabhas, constituted under the provisions of laws passed by Parliament. Thus there is no single
legislative enactment in relation to local government. Every local authority is an independent entity, a body
corporate with perpetual succession and a common seal. However being institutions created by Parliament, local
authorities are subject to the general supervision and control of the Government. The powers and functions of local
authorities are confined to the extent specified in their respective Acts and Ordinances. They have the power to
institute legal action on any matter coming within their purview. Local authorities are expected to provide for “the
comfort, convenience and well being of the community.” They are held responsible for specified regulatory and
administrative functions and for the provision of physical infrastructure (such as roads, drains, parks, libraries,
housing and other civic amenities and for the promotion of public health (through activities pertaining to
scavenging, conservancy, public lavatories, abatement of nuisances etc.). Although Pradeshiya Sabhas are
empowered to undertake development activities, they do not play any significant role in this regard. Local
authorities provided electricity and water services to its citizens, but not any more as far as most of them are
concerned. It is important to note that local authorities are vested with powers on various aspects of local
administration under numerous laws. Thus local authorities are required to perform wide ranging duties under the
Housing and Town Improvement Ordinance, Town and Country Planning Ordinance, Urban Development
Authority Act, Nuisance Ordinance, Cemeteries and Burial Grounds Ordinance, Butchers Ordinance, Rabies
Ordinance, Food Act, Thoroughfares Ordinance, and National Environment Act. Functions of local authorities are
specified and they are not permitted to perform any functions not specified in the law and accordingly doing
anything not provided for by law could be challenged. It is important to note that many of the legal provisions are
outdated and need updating to suit the current economic context in which local authorities must function. A
significant feature of the management of local authorities is the Committee System. For Municipal Councils
committees are mandatory. As far as Urban Councils and Pradeshiya Sabhas are concerned committees are not
compulsory. However the Pradeshiya Sabha Act provides for the appointment of four committees for: Finance and
Policy Planning; Housing and Community Development; Technical Services; and Environment and Amenities.
Members of the public can be co-opted to the committees of Urban Councils and Pradeshiya Sabhas. Whereas the
committee system in these local authorities offers opportunities for citizen participation in the decision-making, the
general experience is that the committee system is weak and ineffective. Where they do exist there is very little
citizen representation or participation. Indeed citizen participation in local authority activities at the community
level is altogether marginal if not absent. The Gramodaya Mandalas established to provide the necessary structure
and process for participatory linkages with the community, even though given recognition under the Thirteenth
Amendment to the Constitution, has become inoperative. Programmes and Projects: The Sustainable Cities
Programme (SCP) of the UNCHS was undertaken in Sri Lanka through the Sustainable Colombo-Core Area Project
(SCCP) (1999-2001) The SCCP was in its first phase implemented in the municipal council areas of Colombo,
Dehiwala-Mt. Lavinia and Sri Jayawardenapura-Kotte. Accordingly it was an urban local authority initiative. The
SCCP approach is comprised of the following key elements: A focus on city level development and environmental
issues and solutions; Involvement and participation by public and private citizens; Promotion of inter-sectoral and
inter-agency cooperation and convergence; Reliance upon bottom-up and demand-led responses; Focus on process
in solving problems and getting things done; and Emphasis on local capacity development. Specific programme
components includes, solid waste management and sanitation, toilets for the poor, environmentally clean domestic
premises, and upgrading services for illicit settlements on marginal lands. In its second phase (2001-2003) this
initiative is being extended to cover the municipal councils of Negombo and Moratuwa and the urban councils of
Panadura, Kolonnawa and Wattala -Mabole. A parallel initiative was the support for sub-national environmental
management under the Environmental Action 1 Project. The model statute approached provincial action in