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.  
he  “Divineguma Bill” can be accessed here.
 Press release,17th August  2012