The Government’s plans to hold Provincial Council (PC) Elections next year are creating significant debate given that a comprehensive electoral system overhaul remains stalled. While President Anura Kumara Dissanayake recently suggested that elections would be forthcoming, many believe that unresolved issues within the delimitation process could present an insurmountable roadblock.
In a recent speech in Ratnapura, President Dissanayake said that his administration’s commitment to a robust political structure included Provincial Councils. This structure, he said, would involve all layers of governance, from the presidency to Local Government (LG) bodies, suggesting that a cohesive approach could stabilise the country.
However, despite the President’s assurances, critical aspects of election preparation remain uncertain.
When contacted by The Sunday Morning, Election Commission Chairman R.M.A.L. Rathnayake said: “The elections cannot proceed under the current circumstances,” pointing to the urgency of addressing both legislative and structural issues that were impeding the electoral process.
He outlined two critical pathways: amending the existing electoral act or completing the delimitation process.
He suggested that amending the act could enable elections to be conducted under the previous system, stating: “This approach could expedite the electoral timeline and potentially reduce public frustration with prolonged uncertainty.”
Rathnayake added: “This step is crucial not only for the integrity of the elections but also for the representation of diverse communities within the Provincial Councils.”
However, he noted that this option may lead to further delays, requiring meticulous planning, data collection, and public consultation to ensure transparency and fairness.
Delimitation conundrum
Delimitation, which involves redrawing electoral boundaries, remains at the heart of this issue. The process aims to create electoral regions that better represent population distribution, helping to ensure fair and effective local governance.
According to the Provincial Councils Elections (Amendment) Act No.17 of 2017, the President must appoint a Delimitation Committee to prepare these boundaries, with the goal of providing equitable representation across the nation’s diverse regions.
However, although the need for delimitation was recognised years ago, the report from the Delimitation Commission is yet to be completed. A review committee, appointed in 2018 and led by then Prime Minister Ranil Wickremesinghe, was supposed to finalise the new boundaries within two months, but five months after this deadline, it still had not submitted its report.
As a result, Provincial Councils across Sri Lanka, which had their terms expire between 2017 and 2018, remain inactive, with public services and local governance facing a void.
The People’s Action for Free and Fair Elections (PAFFREL) has raised concerns about the delay, with its Executive Director Rohana Hettiarachchi highlighting that there existed considerable uncertainty without a definitive timeline or clarity on which system would be used.
“If the delimitation process isn’t completed, we might be looking at elections held under the previous system,” Hettiarachchi said, pointing out that reverting to the old system after six years of delays would be a contentious and unproductive step.
Sri Lanka’s legal framework for Provincial Councils includes specific timelines for calling elections. The Provincial Councils Elections Act No.2 of 1988 mandates that once a council is dissolved, the Election Commission must announce the election date within a week.
However, the 2017 amendment requires that any election awaits a completed delimitation process. This amendment, which aimed to align Provincial Council boundaries with population growth and demographic shifts, has proven difficult to implement due to political and administrative challenges.
The Delimitation Commission, led by former Election Commission Chairman Mahinda Deshapriya, is charged with preparing the report needed to redefine boundaries under articles 41B and 95(1) of the Constitution.
Challenges in the delimitation process
A senior official attached to the Ministry of Public Administration, who wished to remain anonymous, told The Sunday Morning that the delimitation process itself presented substantial practical challenges.
Drawing equitable and representative boundaries for each province requires meticulous research, community input, and coordination with multiple agencies. In a country as diverse as Sri Lanka, where ethnic, linguistic, and cultural differences influence governance, defining boundaries that balance all interests is a complex task.
The official explained that for example, when redrawing boundaries, the Delimitation Commission must ensure that the new provinces do not disproportionately favour one community over another, a particularly delicate task in regions with mixed ethnic populations.
Any changes in boundaries also affect representation, as some areas may gain or lose seats in Provincial Councils based on the redistricting. These changes, while intended to enhance representation, could inadvertently create tensions or political divisions if not carefully managed.
Urgent need for timely action
Despite these challenges, there is considerable urgency from civil society organisations to complete the process. Without finalised boundaries, any Provincial Council Elections held under an old system would likely face criticism and potentially erode public confidence.
“The delay impacts public trust in the electoral process and the Government’s commitment to democratic governance,” Hettiarachchi warned.
The continued delay of PC Elections has become a politically charged issue. As provinces await either restoration or new boundaries, political groups debate the effectiveness and necessity of Provincial Councils.
While some advocate reform to make councils more accountable and transparent, others question their efficacy, suggesting that resources might be better allocated to Central Government initiatives. The outcome of the delimitation process will likely shape the role of Provincial Councils in Sri Lanka’s governance for years to come, affecting political representation at the regional level.
Some argue that Provincial Councils have become ineffective due to bureaucratic inefficiencies and lack of resources. For example, without an active Provincial Council, local decision-making and resource allocation are limited, forcing communities to rely on Central Government officials.
This creates additional challenges in rural and underserved areas, where Provincial Councils traditionally offer a more accessible form of government. In these areas, people have come to expect local leaders who understand and respond to their needs, making the absence of these councils even more apparent.
Hettiarachchi stressed the importance of timely action, stating: “If the Government is serious about moving forward with the new system, it needs to gazette the delimitation report as soon as possible. Otherwise, it should be transparent about its intentions.”
The decision holds significant implications for local governance, as the delay has left communities without representation and disrupted essential services.