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Provincial Councils: Govt. drags its feet on delimitation

Provincial Councils: Govt. drags its feet on delimitation

14 Sep 2025 | By Maheesha Mudugamuwa


Election monitoring groups, political parties, and civil society organisations have renewed calls for the Government to urgently set a clear timeframe for completing the long-delayed delimitation process and holding Provincial Council (PC) Elections.

The failure to hold these polls since 2014 has drawn mounting criticism both domestically and internationally, with concerns that prolonged delays are undermining democracy, weakening provincial governance, and disenfranchising voters, particularly in the Northern and Eastern Provinces.

At the centre of the debate is the unfinished delimitation process, which determines electoral boundaries for Provincial Councils.

Election observers warn that unless the process is completed swiftly — and within a legally binding timeframe — Sri Lanka risks further postponement of polls that are already years overdue.

They stress that any new delimitation should be completed within three to four months, with a clear legal safeguard to revert to the previous electoral system if the process cannot be completed on time.

 

Govt. response to OHCHR

 

The renewed pressure comes after the Government, in a written response to the Office of the High Commissioner for Human Rights (OHCHR), reiterated that PC Elections would be held once delimitation was complete. This statement followed the OHCHR’s observation that no PC Elections had been held under the 13th Amendment since 2014, raising concerns about the longstanding democratic deficit at the provincial level.

“In May 2025, the Government made arrangements to hold the Local Government Elections which were scheduled for 2022. The Government plans to hold Provincial Council Elections once the delimitation process is completed,” the Government said in its official communication to the United Nations (UN) body.

The Government also highlighted that Sri Lanka had in November 2024 formed one of the most inclusive Parliaments in its history, with a record number of women and minority representatives. Among the newly elected MPs were two female members from the Malaiyaga community and a visually impaired representative — both historic firsts. 

However, the OHCHR report noted that only two women Ministers, including the Prime Minister, had been appointed to the Cabinet, and women’s representation in Parliament remained at 9.8% — well below the South Asian regional average of 22.1%.


PAFFREL stance 


People’s Action for Free and Fair Elections (PAFFREL) Executive Director Rohana Hettiarachchi stressed that the incumbent Government was legally responsible for holding PC Elections without delay.

Speaking to The Sunday Morning, Hettiarachchi explained: “The incumbent Government is not responsible for the delay in PC Elections because it was done by the previous ‘Yahapalana’ Government. But now the responsibility is on the incumbent Government to hold the election as soon as possible because that is the law. 

“According to the Constitution, it doesn’t have any excuse; this is its responsibility. The Government is not responsible for the previous delay, but any incumbent government is responsible for holding the election within the given timeframe.”

Hettiarachchi noted that a recent all-party meeting attended by political parties and election observer groups had unanimously agreed that PC Elections must be held without further delay.

“The easiest way to have early elections is to return to the previous system with a small amendment,” he said. “We propose to go back to the previous system but to include a nomination quota for women. 

“In 2017, the initial proposals brought to Parliament had the purpose of introducing a women’s quota for the provincial system. But at the time, it was used as an excuse to delay the PC Elections, which is why it eventually became a completely new system in the second reading.”

He argued that reintroducing the previous system temporarily was the simplest option, recommending a nomination quota rather than a compulsory quota, which could complicate matters under the proportional system.

“You can easily introduce a nomination quota for the previous system as well,” he said. “All political parties and stakeholders who were present at the meeting agreed with this proposal. Unfortunately, there was no representation from the Government. We invited many — including public administration officials, parliamentarians, and ministers — but they did not participate. 

“However, all the other parties that were there agreed, and there is even a private member’s bill now. There are two bills — one brought by M.A. Sumanthiran and another similar proposal by MP Shanakiyan Rasamanickam. It was challenged in the Supreme Court, but the court ruled there was no legal or constitutional issue with Rasamanickam’s proposal.”

Hettiarachchi added that if the Government was not satisfied with these proposals, it could introduce its own.  

He also warned against prolonged delimitation exercises. “There is no issue with delimitation, but we know from experience — from both local and provincial elections — that delimitations never end; they drag on for years. That is not a wise decision if you really want to have an election soon. 

“It seems they are using delimitation as an excuse. If they are going for a delimitation, there should be a timeframe, such as within three months. We are now in September. If they start in October, then it can be completed by December. If a committee is appointed, the delimitation should be revisited and completed within three or four months, and the amendment must clearly state that if they cannot complete it within that period, it should automatically revert to the old system.”

Hettiarachchi emphasised that this automatic mechanism was essential to guarantee that elections took place within a specified period. “Otherwise, even with a timeframe, there is no clear next step if they fail to complete the delimitation.”

He also noted that there had been no official announcement regarding the appointment of a delimitation committee or any decision on whether the Government intended to proceed with the existing Delimitation Commission.


The promise of devolution


The debate over PC Elections is closely linked to the 13th Amendment to the Constitution, which was enacted in 1987 as part of the Indo-Sri Lanka Accord. The amendment aimed to decentralise power and grant a measure of autonomy to Sri Lanka’s provinces, particularly in response to longstanding grievances of the Tamil community in the north and east.

The amendment established Provincial Councils with elected representatives and a chief minister to manage provincial affairs in sectors such as education, health, agriculture, and local governance. However, the Central Government retained control over key areas such as police and land powers, which remain contentious issues.

Despite its potential, the implementation of the 13th Amendment has been fraught with delays, incomplete devolution, and limited powers for provincial administrations. The repeated postponement of elections has further weakened the councils, leaving them unable to perform their intended role as vehicles of devolution.


India’s call for full implementation


India has consistently urged Sri Lanka to fully implement the 13th Amendment, viewing it as a cornerstone for reconciliation and lasting peace. 

Speaking at the 60th session of the UN Human Rights Council (UNHRC) in Geneva, Permanent Mission of India First Secretary Anupama Singh reiterated this stance: “India’s approach has always been to support the aspirations of the Tamil community for equality, justice, dignity, and peace within the overall unity, territorial integrity, and sovereignty of Sri Lanka. In this regard, India has consistently called for the full and effective implementation of the Sri Lankan Constitution, early conduct of Provincial Council Elections, and meaningful devolution of powers.”

India has also provided significant financial and technical assistance to Sri Lanka, particularly following the 2022 economic crisis, and has positioned itself as a close partner in Sri Lanka’s economic and political recovery.


Tamil parties express discontent


The Ilankai Tamil Arasu Katchi (ITAK), the country’s main Tamil political party, issued a strongly worded statement expressing disappointment over the Government’s address to the UNHRC, accusing it of failing to deliver on its promises of accountability and reconciliation.

The ITAK criticised the continued use of the Prevention of Terrorism Act (PTA), the introduction of new counter-terrorism legislation, and the lack of progress on repealing the Online Safety Act. The party also condemned delays in investigating mass graves, such as the recent discovery in Chemmani, Jaffna, where 240 skeletal remains were found.

Crucially, the ITAK denounced the continued postponement of PC Elections, claiming that the Government was “unduly denying the franchise” of Tamil-speaking communities in the north and east. The party urged the Government to support a private member’s bill submitted by MP Rasamanickam aimed at restoring the electoral process without further delay.


EC confirms lack of progress


Meanwhile, Election Commission Chairman R.M.A.L. Rathnayake said: “The Government has yet to inform us of any progress about the election or any timeframe. We are not handling the delimitation process; the Government either has to appoint a new committee or give the authority and directions to the current commission.”



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