WORLD ALLIANCE FOR PEACE IN SRI LANKA

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WORLD ALLIANCE FOR PEACE IN SRI LANKA

• SRI LANKA FUTURE OF THE NATION

Devolution of Police Powers under the 13th
Amendment
MAY 4, 2009
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By Gamini Gunawardane Rtd. Snr. DIG
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Two Parts
1st Part Overview of the Law
2nd Part Problems
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1st Part Overview of the Law
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OVERVIEW OF LAW

• Dividing of Sri Lanka Police into 2 Divisions (
  Appendix I Section 2)
• National Division
• II. Provincial Division
• Present Status

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OVERVIEW OF LAW

• Provincial Policing and Administration will be
  the responsibility of the DIGG of the Provinces
  who will report to the Chief Minister.(Sec 11.1)
• and
• will be under the CONTROL of the Chief Minister.
• Current Status

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OVERVIEW OF LAW

• Recruitment, Appointments, Transfers, Promotions
  up to the rank of SP, Disciplinary control will
  be the responsibility of the Provincial Police
  Commission of which the DIG and the nominee of
  the Chief Minister among others will be
  members.
• (Appendix 1 Sec 04)
• Current position
• All these functions are done by the National
  Police Commission and by
• the IGP/ DIGG through delegated authority.
• National Police IGP will appoint provincial DIG
  having consulted
• the Chief Minister.

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OVERVIEW OF LAW

• d) The Central Government or the National Police
  Division IGP could intervene in provincial
  policing issues only on request by or with the
  consent of the Chief Minister.
• Current status
• The Central Government or the IGP can swiftly
  intervene in any
• matter in the provinces, on their own decision.
  

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2nd Part Problems
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PROBLEMS

• Conceptual
• Accountability Responsibility
• Command Control
• Operational

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1) Conceptual

• 1.1 Police the ultimate and central coercive
  arm of State Power.
• This power is the very essence of a unitary
  state. Hence, it will be a contradiction to
  have that power devolved to another agency. Is
  it viable?
• 1.2 The basic Police powers of the IGP and a
  Police constable are the same.
• 1.3 Therefore what are the police powers that
  could be further devolved, to whom ? Why?

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2) Accountability Responsibility

• 2.1 The single person who is accountable to the
  People for the Law Order and internal security
  of the country, as the commander in chief
• is the President who is the minister
  of defence.
• Can this responsibility be alienated to
  authorities who are not held directly
  accountable to him?
• 2.2 How can the Commander in Chief discharge his
  accountability to the Nation when the officers
  accountable for Provincial policing is not
  accountable to him through his IGP and Secy.
  Defense?
• 2.3 How can he or IGP give directions to the
  Provincial DIG who is not accountable to him
  or his IGP but to the Chief Minister who
  maybe from a different political party?

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3) Command Control
3.1 Current Status Proposed Status
Chain of Command line of accountability
IGP OIC Range OIC Province OIC Division/
S OIC District /S OIC Station
PS PCC
Chief Minister OIC Province (DIG) OIC
Division/ S OIC District /S OIC Station
PS PCC
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• 3.2 The Key issue is
• Are the Chief Ministers responsible /
  accountable to the President/ Minister of
  Defense for the Law Order and internal
  security of the province?
• 3.3 By what authority can the President / Defense
  Minister hold the Chief Minister responsible
  when the Provincial Policing is a devolved
  subject?
• 3.4 Appointment of DIG
• The IGP can appoint a DIG for the province in
  consultation of the Chief Minister but cannot
  remove him without his consent.
• What is the disciplinary control that the IGP can
  exercise over the DIG who is under the control
  of the Chief Minister.
• If the Chief Minister has a difference of opinion
  with the central government where does the DIG
  stand?

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4) Operational

• 4.1 If all Police Officers have the same police
  powers what is it that can be further devolved?
  (Appendix 1 sec 1)
• It is not devolvable.
• What powers do they want ? And Why?
• What they want is the power to appoint, promote
  and transfer Police officers at the provincial
  level so that they could manipulate the
• careers lives of police officers
  .
• Why?
• To deny the people an impartial and efficient
  Police at operational level.
• To serve their political and criminal purposes.
• 4.2 It neither serves the peoples nor Police
  Officers needs.
• 4.3 It institutionalizes the process of
  Politicization of the Police.

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General
Model

• The present unitary model is
• Time tested,
• Suits the country very well.
• Has survived many a storms since 1915 riots.
• Why throw it away?
• Indian Model
• May be justifiable for a large country, 16 times
  as large as Sri
• Lanka and so many times larger in population.
• How can it suit a country which is many times
  smaller than the
• smallest state in India?

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Under the state Police model there are many
weaknesses. Their Police are very weak at the
periphery. People have no confidence in the
Police. The operational weakness of this system
was well displayed during the recent Mumbai
hostage crisis. Also, the sheer helplessness of
the Pakistan Central government in the Sri Lanka
Cricketers ambush incident in Punjab state which
lost them the World cup hosting opportunity is
another example of the weakness of this
system. SO WHY throw away the baby with the
bath? THANK YOU