Power to whom?

Would a Government move to hand over some provincial powers to the Urban Development Authority (UDA) trigger a breach of the 13th Amendment to the Constitution? Or would it actually facilitate efficiency and competence within the provincial system? 

From 1 February, the Government has vested the UDA with the power to approve building plans and give clearance for industries, fuel stations and the construction of buildings of national importance. These functions were earlier exercised by the PCs and local councils. In response Chief Ministers of the Western, Sabaragamuwa and Central provinces have threatened to remove services such as transport, and garbage collection that are provided by the provincial councils to these projects, arguing that the UDAs involvement was tantamount to breaching the decades-long 13th Amendment. 

The previous Government’s move to empower the UDA by placing it directly under the Defence Ministry received praise from many sections of the public as it enabled the armed forces to be used to upgrade and maintain public services. New parks, recreational areas and the restoration of old buildings provided a facelift to Colombo and other urban areas and resulted in an increased standard of life for citizens and a boost to the tourism industry. 

However, the UDA was also slammed for evicting entire communities from places they had lived in for decades, handing over valuable real estate to powerful companies and relocating families to high-rise buildings that are now in danger of becoming vertical slums. 

Plans were also underway to shift an estimated 15,000 families to areas outside Colombo and take over their land. Many injustices were recorded and low-income groups were on the frontline of development without limits. 

Provincial Councils rarely treat their constituents much better. No matter the colour of the Government in power, bribes are in play at the nearest pradeshiya sabha, district secretariat and provincial council. Anyone who has tried to get any form of administrative approval from these offices would spew a few expletives when describing their ordeal. The situation has become calcified to the extent that instead of attracting their own investment and becoming competitive stakeholders of the economy, the provinces have essentially become fiefdoms of corrupt public officials and elected politicians. Many an honest citizen has been pushed into a corner and forced to give bribes by a system that has failed to work for its people. 

So what could possibly be an answer? Should the UDA be empowered to provide select approvals for projects in provinces? If so such services have to be clearly listed out and legally notified to the public by the Government. The Government has to make it part of its policy framework and ensure that due process is followed so vulnerable people of low-income groups are not victimised by a faceless organisation in the capital. 

But the Government’s work does not end there. Chief Ministers who are quick to hold onto their powers must also step up and make sure that their officials do their jobs. Taking bribes for giving an electricity connection, repairing a water meter or passing a housing plan cannot be tolerated any longer. If provincial councils do not use their powers for the benefit of their constituents, the public may just decide they are better off with someone else.