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5/22/2012

UN HABITAT Regional Workshop On “The Quality & Efficacy of Political, Administrative and Fiscal Decentralization to Support Climate Change Adaptation and Mitigation Initiatives in the Country” Sri Lanka - Country Presentation By Leo Fonseka & Prakash Peiris UN Habitat & MaRGG
8th & 9th of May, 2012

SRI LANKA – COUNTRY PRESENTATION

Presentation Structure
1. A Brief Sri Lankan Country Profile 2. Climate Change issues - Sri Lankan Perspective 3. Decentralization - Sri Lankan Perspective 4. Climate Change Mitigation and Adaptation initiatives within the decentralized structure in Sri Lanka – Case Studies 5. Conclusions & Recommendations

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5/22/2012

SRI LANKA – COUNTRY PRESENTATION

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A Brief Sri Lankan Country Profile

SRI LANKA – COUNTRY PRESENTATION

Sri Lanka – At a Glance
Official Name Size Geo. Location : : : Democratic Socialist Republic of Sri Lanka 65,525 sq km 6 - 10 N, 80 - 82 E [Island off the Southeastern shores of India, 800km North of equator] 1,340 km Sri Jayewardenepura Kotte Colombo 20.4 million Sinhala, Tamil & English Majority are Sinhalese, minorities Tamil & Moor Mostly Buddhist, then Hindu, Christian & Muslim

Coastline Capital Com. Capital Pop. (2009) Languages Ethnic Mix Religions

: : : : : : :

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CHIEF MINISTER Board of Ministers PROVINCIAL COUNCILS GOVERNMENT AGENT CHIEF SECRETARY DIVISIONAL SECRETARIAT PROVINCIAL SECRETARIAT Secretaries and Subject Heads GRAMA NILADHARI MCs UCs PSs COMMUNITY ORGANIZATIONS 3 . and Corps. Depts.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Sri Lanka – Major Administrative Units 24 Districts 09 Provinces SRI LANKA – COUNTRY PRESENTATION Sri Lanka – Structure of Governance PARLIAMENT PRESIDENT CABINET GOVERNOR MINISTRIES.

Only Municipal and Urban Councils. • After 1987 .km .Municipal Councils. 2010 SRI LANKA – COUNTRY PRESENTATION Sri Lanka – Average Annual Growth Rate of Urban Population By Province 7 Increase 1963 – 1871 Urban Population is ~ 15.25% (2010) • • Migration in the Colombo and Gampaha Districts The creation of 45 towns in 1963 The extension of town limits in three municipalities in 1963 6 5 • 4 3 Decrease in Trends 2 1 0 -1 -2 1963-1971 1971-1981 1981-2001 • The absence of an acceptable definition of urban settlements • Before 1987 .64 People per sq.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Sri Lanka – Population & Infrastructure Distribution The Population density 332.World Bank. 4 . Urban Councils and Town Councils. excluding newly established PS which were previously Town Councils.

5/22/2012 SRI LANKA – COUNTRY PRESENTATION 2 Climate Change Issues Sri Lankan Perspective SRI LANKA – COUNTRY PRESENTATION Phenomenal Trends in the Increase of Natural Disasters 5 .

Climate Change 2007: Impacts. Adaptation and Vulnerability 6 .5/22/2012 SRI LANKA – COUNTRY PRESENTATION The Number Of Events Per Year Has Increased Almost 100% From 1980 To 2010 Source: Centre for Research on the Epidemiology of Disasters (CRED) SRI LANKA – COUNTRY PRESENTATION How Sri Lanka is affected as a Small Island Nation Rise in Sea level and intensity of extreme events Heavy impact on marine-based resources Serious impact on other land based fauna & flora Water resources seriously compromised Adverse affects on Subsistence and Commercial agriculture Affects on tourism are likely to be largely negative Impact on human health mostly in adverse ways Source: IPCC.

crops and livestock Ex: 2006 – USD 3 m Spread of disease / epidemics Displacement of people Ex: 2010 – 8.000 .000 m2 Yearly 50-55 % shoreline threatened Loss of fishing livelihood Increased salinity of ground water Destruction of breeding grounds for fauna & flora Displacement of people FLOODS SEA EROSION 7 .5/22/2012 SRI LANKA – COUNTRY PRESENTATION Climate Change – Where is Sri Lanka ? Risk Prone Region: Country Risk Assessment Model Country Maldives Bangladesh India Pakistan Afghanistan Nepal Bhutan Sri Lanka Position 9 9 8 8 6 6 5 Risk Category Unknown Major Risk Major Risk Very High Risk Very High Risk Medium Risk Medium Risk Medium Risk Source: Global Assessment Report (GAR) the UN International Strategy for Disaster Reduction (UNISDR) SRI LANKA – COUNTRY PRESENTATION Climate Change Threats – Sri Lankan Scenario Loss of lives Ex: 2003 .235 killed and 695.000 affected Loss of property.221 Loss of lives and property Ex: 175.285.

541 families in 8 districts EARTH SLIPS DROUGHT SRI LANKA – COUNTRY PRESENTATION Climate Change Threats – Sri Lankan Scenario Loss of breeding grounds for fish Loss of fishing & tourism related livelihoods Loss to environment Loss of vital sea organisms with medicinal value Ex: El Nino 1981. habitat & property Ex: 1986 – 51 / 1989 – 300 1989 .370.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Climate Change Threats – Sri Lankan Scenario Loss of lives.Relocation of Peradeniya Town Loss of crops & livestock Loss of fishing livelihood Loss to environment Displacement of people Ex: 1996 . 86.095 families in 17 districts 2001. 96 & 2003 Displacement of people CORAL BLEACHING Spread of more virulent bacterial.Rs.142 m 12.243 cases and 275 deaths Loss of productivity from labour force Loss to valuable resources used for combating these outbreaks Displacement of people EPIDEMICS 8 . lagoons & coral reefs Displacement of people Ex: 2006 . viral & parasitic diseases Loss of lives & loved ones Ex: Dengue 2009 – 29.181.500 km2 prone to landslides Water pollution & Sedimentation of lakes. 91.

118 961.524.286 2.045 2.208 4.536 Population in LECZ 65.668 31.515.Principle of Subsidiarity To cater to the localized needs [Basic Services].Population Bangladesh India Pakistan Sri Lanka 8.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Loss of Habitat and Climate Refugees – Where is Sri Lanka ? Distribution of Low Elevation Coastal Zone (LECZ) Below 10 Meters Country Area of LECZ sq.188.197 5.805 22.977 11% .428.231.461 81.227. public responsibilities shall be exercised by [Provision] those elected authorities.157.097 Urban Population in LECZ 15.km 54. which are closest to the citizens.048 63. Source: Paragraph 84 of the Habitat Agenda and ‘International Guidelines on Decentralization and Access to Basic Services for All’.5% .Land Source: International Panel on Climate Change (IPCC’s) worst case scenario of 59cm in the next 100 years SRI LANKA – COUNTRY PRESENTATION The Biggest Nightmare of Climate Refugees… Is Provision of Basic Needs for them Water and sanitation Transport Energy Waste management Communication Health Education Public Safety Social Welfare All sectors are inter-dependent Empowerment of Local Governments . UN Habitat (2009) 9 .

whether provincial or local government or other semi state agencies” Ex: Lanka Electricity Company and Sri Lanka Telecom Devolution .“The transfer of managerial responsibility for specified functions to other public organizations outside the normal central government control.“The transfer of rights and assets from the centre to local governments or communities.“The processes by which the agents of central government control are relocated and geographically dispersed” Ex: District Secretariats. It also refers to the transfer of governance responsibility for specified functions to sub-national levels”. Ex: Provincial Councils and Local Authorities 10 . District or Provincial Offices of Central Government Agencies Delegation .5/22/2012 SRI LANKA – COUNTRY PRESENTATION 3 Decentralization Sri Lankan Perspective SRI LANKA – COUNTRY PRESENTATION 3Ds De-concentration .

5/22/2012 SRI LANKA – COUNTRY PRESENTATION Dualistic Nature of the Sri Lankan Governance System Local Central Government Governance System • President • Parliament • Ministries • District Secretariats • Governmental Task Based Agencies • Grama Niladhari Provincial Government Governance System • Governor • Provincial Councils • Provincial Institutions • Divisional Secretariats Authorities Governance System • Mayor/ Chairperson • Municipal Councils • Urban Councils • Pradeshiya Sabhas (Town Councils) SRI LANKA – COUNTRY PRESENTATION Devolution of Power Under the Principle of Subsidiarity within the Sri Lankan Governance System Provincial Government Devolution of Power Central Government Governance System • President • Parliament • Ministries • District Secretariats • Governmental Task Based Agencies • Grama Niladhari Provincial Government Governance System • Governor • Provincial Councils • Provincial Institutions • Divisional Secretariats Local Authorities Governance System • Mayor/ Chairperson • Municipal Councils • Urban Councils • Pradeshiya Sabhas (Town Councils) 13th Amendment to the 1978 Constitution of Sri Lanka and the Provincial Councils Act No 42 of 1987 Local Authorities Municipal Councils Ordinance No. 16 of 1947 Urban Councils Ordinance No. 15 of 1987 11 . 61 of 1939 The Pradeshiya Sabha Act No.

The Center will have all the power over the PC. Statutes and Regulations National framework for guidance have been put in place Ex: Central Environmental Authority (CEA) Climate Change Secretariat (CCS) National Advisory Committee on Climate Change (NACCC) 12 . The Reserved List .5/22/2012 SRI LANKA – COUNTRY PRESENTATION Observations of Center – Province Relations Viewed through Authority. SRI LANKA – COUNTRY PRESENTATION Decentralization and Climate Change The Legislature & Legal framework for decentralization and empowerment of PCs and LAs is adequate and strong Reforms on Legislature & Legal framework from time to time Ability for Legislature & Legal framework to be enhanced through Subsidiary Acts. Most levels of high level facilitation and technical capacity also comes from the Center. The PCs in most instances have access to recruiting higher level officials for their operations from the center pools. Dependency on the Center Majority financial resources allocated to the PC from the Center. Functionality and Dependency The real authority lies at the Center – Provincial Governor is the Presidents representative and he in turn is the executive power in the PC The Provinces have to work with the Center for the Concurrent and PC List Concurrent List .Controllable through the national policy or/and the political allegiance.the Center has the final say through the line ministries as the PCs are politically aligned or/and the opposition being too weak PC List .

Adaptation and Vulnerability) 13 . Ex: Natural Disaster Warning Systems Climate Change Less Heavy Mitigation More More Adaptation Heavy Better Greenhouse Gas Emissions Impacts Source: According to 2001. IPCC Report (as cited in Climate Change 2007 – Impacts. Adaptation Initiatives And Their Importance Mitigation is an intervention to reduce the sources or enhance the sinks of greenhouse gases Ex: Vehicle Emission Testing Program Adaptation is adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects.5/22/2012 SRI LANKA – COUNTRY PRESENTATION 4 Climate Change Mitigation And Adaptation Initiatives Within The Decentralized Structure In Sri Lanka – Case Studies SRI LANKA – COUNTRY PRESENTATION Mitigation Vs.

2 km2 ƒ 138.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Case Study I .Bandaragama (PS) Waste Management Program Heading Location Details ƒ Western Province / Kaluthra District ƒ Divisional Secretariat Divisions of Bandaragama and Millaniya ƒ Area is 93.Bandaragama (PS) Waste Management Program Heading Impact on Climate Change Legislature Details ƒ SW management is a mitigation effort that helps reduce the emission of greenhouse gasses like Methane and Carbon Dioxide ƒ Pradeshiya Sabhas Act (No. • Act of penalizing perpetrators ƒ Adequate legislature to get empowered to serve the people ƒ Although not initiated with the intention of Climate Change mitigation the initiative helps reducing emission of greenhouse gasses Conclusion 14 .084 at 2001 Census ƒ Not considering new migrants ƒ Fast development (urbanization) ƒ No mechanism to manage the SW ƒ Health and Environmental related issues ƒ ƒ ƒ ƒ Started a SW sorting and composting center Selling of non bio-degradable for Recycling Regularized collecting mechanism SW segregation program for community Population Problem Solution Result ƒ Reduced Health and Environmental hazards ƒ Better Service in SW disposal to the constituents ƒ Reduced expenditure on SW Management SRI LANKA – COUNTRY PRESENTATION Case Study I . 15 of 1987) Sect 93. 94 and 95 ƒ Bandaragama PS Subsidiary Act of 2006 • Storage. collection and disposal • Payment SW collection services for commercial creators.

fisheries and other aquatic resources. Industrial Services Bureau (ISB) Heading Location Population Opportunity Details ƒ Districts of Kurunegala and Puttalam ƒ 6 Divisional Secretariats ƒ The province has a population of 2.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Case Study II – NW Province. capacity building and training ƒ Environmental field . air quality monitoring and auditing of ‘cleaner production’ ƒ Case Study Example : Air Quality Improvement through – Vehicle Emissions Testing (VET) SRI LANKA – COUNTRY PRESENTATION Case Study II – NW Province. 2008 and issue the Vehicle mission Test (VET) Certificates Impact on Climate Change ƒ Air quality management and cleaner production are mitigation efforts ƒ Reduces greenhouse gasses 15 .184.136 ƒ ƒ ƒ ƒ Agricultural economy. in 2003.waste management. Industrial Services Bureau (ISB) Heading VET Project Objective Result Details ƒ Regulating the emission level of greenhouse gasses and particular matter (PM) ƒ ƒ ƒ ƒ ISB and ESP Inc. marketing. Prawn farming industry Export Processing Zones and other Industrial Estates Home to some very large industries Initiative ƒ Establishment of ISB by the NWP Provincial Council ƒ Assists in promoting investment. submitted a proposal to the parliament The proposal was approved by the cabinet ISB and ESP Inc team was awarded the project in 2005 The program launched in 2007 to be implemented from April. technology transfer. USA.

28.national and international levels proportions ƒ ISB a very vital cog in the wheel for Climate Change Impact mitigation Conclusion SRI LANKA – COUNTRY PRESENTATION Case Study III – NW Province.967 ƒ Export oriented commercial prawn farming industry ƒ Wayamba is the location of Mawathagama and Polghawela Export Processing Zones ƒ Several other industrial estates such as Dambadeniya and Makandura ƒ Home to some very large industries ƒ All matters regarding environmental clearance to be obtained from the CEA Population Opportunity / Problem 16 . • Article 26 gives the Bureau a mandate to maintain its own fund • Article 33 (1) gives the subject Minster the right to make regulations to give effect to the principles and provisions of the Statute ƒ Adequate legislature to get empowered to initiate ventures ƒ A bottom up initiative . 11 of 1990 • Article 4 (b) gives ISB a mandate for promoting of local and foreign investment • Article 6 (c) gives ISB the right to enter into joint ventures. (1) of the 13th Amendment to the 1978 Constitution ƒ A Province in terms of Article 154 G has the provision for creating statutes on subjects contained in the Provincial Council List and the Concurrent List. contracts or collaborations with international (foreign) or national organizations. The Environmental Statute and Provincial Environmental Authority Heading Location Details ƒ North Western or “Wayamba” Province ƒ Districts of Kurunegala (4.105 • Puttalam .5/22/2012 SRI LANKA – COUNTRY PRESENTATION Case Study II – NW Province.771 km²) and Puttalam (2. Article 154 A.136 ƒ Where towns of • Kurunegala . and (e) provides it with a mandate to charge for its services.158 Grama Niladhari divisions ƒ The province has a population of 2.337 • Chillaw .Chapter XVII A. Industrial Services Bureau (ISB) Heading Legislature Details ƒ The Provincial Councils .24.184. ƒ Industrial Services Bureau Statute No.976 km²) ƒ 46 Divisional Secretariats and 2.40.

12 of 1990 • Article 5 (1). Reducing the Environmental Impact of the Puttalum Cement Factory ƒ To protect. manage and rejuvenate the environment in line with the wishes of the people’s representatives to bring about a better service to the people of the province keeping conceptually to the principle of subsidiarity ƒ ƒ ƒ ƒ Site Clearance prior to location.Extensive power consumption and harmful GHG emissions ƒ When limestone is heated to make cement the amount of CO 2 emission ƒ 10% of its clinker production was going out of the stack ƒ All this is minimized through constant dialogue. (1) of the 13th Amendment to the 1978 Constitution ƒ A Province in terms of Article 154 G has the provision for creating statutes on subjects contained in the Provincial Council List and the Concurrent List. 12 of 1990 ƒ Establishment of the Provincial Environmental Authority (PEA) ƒ the National Environment Act No. ƒ North Western Province Environmental Statute No. The Environmental Statute and Provincial Environmental Authority Heading Impact on Climate Change Details ƒ Puttalum Cement Works (PCW) production . The Environmental Statute and Provincial Environmental Authority Heading Initiative Details ƒ NWP has empowered themselves to protect the environment through the NWP Environmental Statute No. the Authority will administer the provisions of the Statute under discussion and Regulations made subsequently Legislature 17 . 47 of 1980 is stands suspended ƒ Case Study Example : PEA Environmental Impact Mitigation Process.Chapter XVII A. the Authority will maintain its own fund • Article 9. and starting of an industry Environmental Impact Assessment (EIA) process Environmental Protection License (EPL) Revenue to sustain the PEA operations and surplus in 2008. and partnership with PCW and EPL process ƒ The Provincial Councils .5/22/2012 SRI LANKA – COUNTRY PRESENTATION Case Study III – NW Province. Article 154 A. 2009 & 2010 ƒ Licenses in respect of certain activities has been devolved to the local authorities PEA Objective Result SRI LANKA – COUNTRY PRESENTATION Case Study III – NW Province.

smoke and gases with minimum impact on the environment and public health. provides for the listed industries therein. industrial effluents. and to satisfy set standards operationally an Environmental Protection License (EPL) has been made a requirement • Article 61 (1) . 9 Gazette notification No. to obtain the approval of the PEA after a proper Environmental Impact Assessment (EIA) process. 1998. 1020/21 dated 27th March. ƒ Adequate legislature to get empowered PEA ƒ A bottom up initiative to serve the people by elected authorities closest to the people ƒ PEA a very important institution for Climate Change Impact mitigation Conclusion SRI LANKA – COUNTRY PRESENTATION 5 Conclusions & Recommendations For Further Strengthening Of Such Initiatives 18 .from time to time Regulations made under Gazette notifications has several stages and instruments of enforcement.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Case Study III – NW Province.industries wanting to discharge or emit waste. The Environmental Statute and Provincial Environmental Authority Heading Legislature Details • Article 10 (1) also mandates the PEA to dictate terms to local authorities within the province to perform special or general acts to safeguard the environment with their limits • Article 20 and 21 .

5/22/2012 SRI LANKA – COUNTRY PRESENTATION The conclusions and recommendations are aimed at… Sub-National Level awareness Guiding them towards initiating programs/processes Encouraging to best use the available devolution structure and Legislature Promoting the formulation of statutes and regulations within the existing legal framework Promote encouraging and facilitation of civil society participation Advocating to the central government to make certain changes within the present Constitution SRI LANKA – COUNTRY PRESENTATION Conclusions and Recommendations Provincial & Local Government Conclusion / Recommendation Conclusion: Inadequate awareness on Climate Change issues at PC and LG levels Institutional Framework Legislative & Legal Framework Regulatory Framework Participatory Framework Recommendation: • Documentation of programs that impact CC at PC and LA levels • Conduct awareness workshops • Assist in formulation of bottom up projects/programs • Train regional teams that could carry out the above X X X 19 .

5/22/2012 SRI LANKA – COUNTRY PRESENTATION Conclusions and Recommendations Provincial & Local Government Conclusion / Recommendation Conclusion: Adequate Constitutional devolution and room for formulation of other legislature at PC and LG levels Institutional Framework Legislative & Legal Framework Regulatory Framework Participatory Framework Recommendation: • Build capacity of PCs to create PEAs • Assist to formulate Statutes and Regulations that impact climate change • Promote PCs to devolve powers to LGs • Assist in the interpretation of the three lists • Use the PC and LG path in operationalising CG policy and plans X X X SRI LANKA – COUNTRY PRESENTATION Conclusions and Recommendations Provincial & Local Government Conclusion / Recommendation Conclusion: Inadequate Human Resource capacity to address Climate Change issues at PC and LG levels Institutional Framework Legislative & Legal Framework Regulatory Framework Participatory Framework Recommendation: • Allocation of Cadre/Functional Area for handling of environmental issues • CG to send suitable officers on secondment as directors to PEAs • Train environmental management and science graduates X X 20 .

5/22/2012 SRI LANKA – COUNTRY PRESENTATION Conclusions and Recommendations Provincial & Local Government Conclusion / Recommendation Conclusion: Inadequate Financial Resource capacity to address Climate Change issues at PC and LG levels Institutional Framework Legislative & Legal Framework Regulatory Framework Participatory Framework Recommendation: • Advocate the Finance Commission to make environment a criteria when allocating funding • Encourage PC s to have a PEA thus being able to collect the revenue • The funding mechanism in CG agencies to be channeled through the PCs • Funding agencies to engage PCs X X X SRI LANKA – COUNTRY PRESENTATION Conclusions and Recommendations Provincial & Local Government Conclusion / Recommendation Conclusion: Inadequate Stakeholder Participation to address Climate Change issues at PC and LG levels Institutional Framework Legislative & Legal Framework Regulatory Framework Participatory Framework Recommendation: • Strengthen the focused peoples organizations and networks • Encourage civil society participation on the PC and LA. boards and Committees • Conduct awareness programs for civil society members on Climate Change • Ensure political representation of women and youth particularly from affected communities as distinct categories X X X X 21 .

administrative and fiscal decentralization system is not an impediment or barrier to support climate change agenda But Climate Change agenda is not priority to these administrative units with limited resources and unending wants Therefore external assistance is required for LGs to strengthen their environmental program.5/22/2012 SRI LANKA – COUNTRY PRESENTATION Way Forward… The political. especially the Climate Change agenda SRI LANKA – COUNTRY PRESENTATION Thank You 22 .