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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : 1996 Legislative Draft of Devolution Proposals
Record 68

Country :

Sri Lanka

Agreement Title/Name:
1996 Legislative Draft of Devolution Proposals
Year :
1996
Date Signed :

16 January 1996

Summary :

Devolution proposal for Tamil region from Govt of Sri Lanka set out in draft proposed constitution for Sri Lanka. Provides for regional councils with limited legislative powers.


Parties :
Govt of Sri Lanka
Third Parties :
Statehood/Identity :
Preamble asserts unity of the nation.Chapter 1 sets out state soveriegnty: SL as a union of regions, no region is to promote secession or alteration to regions, Sets out national flag, national anthem, and national day of Sri Lanka. State to give Budhism foremost place.CHAPTER III THE DEVOLUTION OF POWER TO REGIONS Establishment of Regional Councils. 25. (1) Law and order shall be a subject devolved on the regions and shall include public order in the region and the exercise of police powers. Schedule 2: Reserved Powers: defence, national security, police and security forces, national planning, administration of justice, national universities, industrial development. List 2. The Regional List of Powers: health and indigenous medicine, education and higher education (excl. examination and teacher training), forestry, fisheries, regional industrial development, transport, broadcasting and media, state land, sports,
Governance/Democratic Inst :
Not Applicable
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Chapter 3. provides for regional courts. The appointment, transfer, dismissal and disciplinary control of judicial officers within the Region is vested in the Regional Judicial Service Commission of that Region:
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Ch. 1. 3(d) (d) the fundamental rights which are by the Constitution declared and recognised shall be respected, secured and advanced by all the organs of Government, and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; Ch.3. State of Emergency within a Region 26. (1) Where the President is of opinion that the security or public order in a Region is threatened by armed insurrection, or grave internal disturbances, or by any action or omission of the Regional administration which presents a clear and present danger to the unity and sovereignty of the Republic, he may make a proclamation bringing the provisions of the law relating to Public Security into force in the Region.
Judicial Reform :
Chapter 3. provides for regional courts. The appointment, transfer, dismissal and disciplinary control of judicial officers within the Region is vested in the Regional Judicial Service Commission of that Region:
Policing :
Ch.3. 25. (1) Law and order shall be a subject devolved on the regions and shall include public order in the region and the exercise of police powers. (3) (a) There shall be a Regional Police Service headed by the Regional Police Commissioner who shall be appointed by the Chief Minister of the Region in consultation with the Governor of the Region. (b) There shall be a Regional Police Commission consisting of the Regional Police Commissioner, and two others appointed by the Constitutional Council. (c) The Regional Police Commission shall be responsible for the recruitment, transfer, promotion and disciplinary control of officers in the Regional Police Service. The Regional Police Commission in exercising its powers under this Article may, if it deems it appropriate, adopt any criteria specified by the National Police Commission in respect of these matters.
Refugees/Land :
Ch. 3. 24. (1) State land within a region shall vest in the Region and shall, subject to this Article, be at the disposal of the Regional Council for the purposes set out in the Regional List.
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Ch.3.29 establishes Chief Ministers Conference to consist of Chief minister of each region. The Conference shall have the power: to take all such actions and measures as are necessary to ensure full compliance with the provisions of this Chapter in accordance with the spirit and intention of the Constitution; to inquire into and to settle any dispute which may have arisen between regions; (5) Where such efforts at mediation and conciliation fail, such dispute shall be referred for adjudication to a tribunal established, in accordance with this Article, by the relevant Regional Councils. (6) The tribunal shall consist of member each appointed by the disputant Regional Councils and a Chairman nominated by the members so appointed. Where there is no agreement on the nomination of a Chairman, the Chairman shall be nominated by the Constitutional Council.
International Community :
UN Involvement :
Source :
http://www.tamilnation.org/


Database hosted on INCORE webservice.

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