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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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1
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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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, Depts. and Corps. 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

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SRI LANKA COUNTRY PRESENTATION

Sri Lanka Population & Infrastructure Distribution

The Population density 332.64 People per sq.km - World Bank, 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 - Municipal Councils, Urban Councils and Town Councils. After 1987 - Only Municipal and Urban Councils, excluding newly established PS which were previously Town Councils.

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2
Climate Change Issues Sri Lankan Perspective

SRI LANKA COUNTRY PRESENTATION

Phenomenal Trends in the Increase of Natural Disasters

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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, Climate Change 2007: Impacts, Adaptation and Vulnerability

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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, crops and livestock Ex: 2006 USD 3 m Spread of disease / epidemics Displacement of people Ex: 2010 8,221 Loss of lives and property Ex: 175,000 - 285,000 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

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SRI LANKA COUNTRY PRESENTATION

Climate Change Threats Sri Lankan Scenario

Loss of lives, habitat & property Ex: 1986 51 / 1989 300 1989 - Rs.142 m 12,500 km2 prone to landslides Water pollution & Sedimentation of lakes, lagoons & coral reefs Displacement of people Ex: 2006 - Relocation of Peradeniya Town Loss of crops & livestock Loss of fishing livelihood Loss to environment Displacement of people Ex: 1996 - 181,095 families in 17 districts 2001- 370,541 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, 86, 91, 96 & 2003 Displacement of people

CORAL BLEACHING
Spread of more virulent bacterial, viral & parasitic diseases Loss of lives & loved ones Ex: Dengue 2009 29,243 cases and 275 deaths Loss of productivity from labour force Loss to valuable resources used for combating these outbreaks Displacement of people

EPIDEMICS

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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.km 54,461 81,805 22,197 5,536

Population in LECZ 65,524,048 63,188,208 4,157,045 2,231,097

Urban Population in LECZ 15,428,668 31,515,286 2,227,118 961,977

11% - Population

Bangladesh India Pakistan Sri Lanka

8.5% - Land

Source: International Panel on Climate Change (IPCCs) 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 - Principle of Subsidiarity To cater to the localized needs [Basic Services], public responsibilities shall be exercised by [Provision] those elected authorities, which are closest to the citizens.

Source: Paragraph 84 of the Habitat Agenda and International Guidelines on Decentralization and Access to Basic Services for All, UN Habitat (2009)

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3
Decentralization Sri Lankan Perspective

SRI LANKA COUNTRY PRESENTATION

3Ds

De-concentration - The processes by which the agents of

central government control are relocated and geographically dispersed Ex: District Secretariats, District or Provincial Offices of Central Government Agencies

Delegation - The transfer of managerial responsibility for

specified functions to other public organizations outside the normal central government control, whether provincial or local government or other semi state agencies Ex: Lanka Electricity Company and Sri Lanka Telecom

Devolution - The transfer of rights and assets from the centre to

local governments or communities. It also refers to the transfer of governance responsibility for specified functions to sub-national levels. Ex: Provincial Councils and Local Authorities

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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. 61 of 1939 The Pradeshiya Sabha Act No. 15 of 1987

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SRI LANKA COUNTRY PRESENTATION

Observations of Center Province Relations Viewed through Authority, 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 - 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 - Controllable through the national policy or/and the political allegiance. The Reserved List - The Center will have all the power over the PC. Dependency on the Center Majority financial resources allocated to the PC from the Center. The PCs in most instances have access to recruiting higher level officials for their operations from the center pools. Most levels of high level facilitation and technical capacity also comes from the Center.

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, 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)

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4
Climate Change Mitigation And Adaptation Initiatives Within The Decentralized Structure In Sri Lanka Case Studies

SRI LANKA COUNTRY PRESENTATION

Mitigation Vs. 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. 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 and Vulnerability)

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SRI LANKA COUNTRY PRESENTATION

Case Study I - Bandaragama (PS) Waste Management Program

Heading
Location

Details
Western Province / Kaluthra District Divisional Secretariat Divisions of Bandaragama and Millaniya Area is 93.2 km2 138,084 at 2001 Census Not considering new migrants Fast development (urbanization) No mechanism to manage the SW Health and Environmental related issues 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

Reduced Health and Environmental hazards Better Service in SW disposal to the constituents Reduced expenditure on SW Management

SRI LANKA COUNTRY PRESENTATION

Case Study I - Bandaragama (PS) Waste Management Program

Heading
Impact on Climate Change Legislature

Details
SW management is a mitigation effort that helps reduce the emission of greenhouse gasses like Methane and Carbon Dioxide Pradeshiya Sabhas Act (No. 15 of 1987) Sect 93, 94 and 95 Bandaragama PS Subsidiary Act of 2006 Storage, collection and disposal Payment SW collection services for commercial creators; Act of penalizing perpetrators Adequate legislature to get empowered to serve the people Although not initiated with the intention of Climate Change mitigation the initiative helps reducing emission of greenhouse gasses

Conclusion

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Case Study II NW Province, Industrial Services Bureau (ISB)

Heading
Location Population Opportunity

Details
Districts of Kurunegala and Puttalam 6 Divisional Secretariats The province has a population of 2,184,136 Agricultural economy, fisheries and other aquatic resources. Prawn farming industry Export Processing Zones and other Industrial Estates Home to some very large industries

Initiative

Establishment of ISB by the NWP Provincial Council Assists in promoting investment, technology transfer, marketing, capacity building and training Environmental field - waste management, air quality monitoring and auditing of cleaner production Case Study Example : Air Quality Improvement through Vehicle Emissions Testing (VET)

SRI LANKA COUNTRY PRESENTATION

Case Study II NW Province, Industrial Services Bureau (ISB)

Heading
VET Project Objective Result

Details
Regulating the emission level of greenhouse gasses and particular matter (PM) ISB and ESP Inc, USA, in 2003, 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, 2008 and issue the Vehicle mission Test (VET) Certificates

Impact on Climate Change

Air quality management and cleaner production are mitigation efforts Reduces greenhouse gasses

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SRI LANKA COUNTRY PRESENTATION

Case Study II NW Province, Industrial Services Bureau (ISB)

Heading
Legislature

Details
The Provincial Councils - Chapter XVII A, Article 154 A. (1) of the 13th Amendment to the 1978 Constitution 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. Industrial Services Bureau Statute No. 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, contracts or collaborations with international (foreign) or national organizations; and (e) provides it with a mandate to charge for its services. 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 Adequate legislature to get empowered to initiate ventures A bottom up initiative - national and international levels proportions ISB a very vital cog in the wheel for Climate Change Impact mitigation

Conclusion

SRI LANKA COUNTRY PRESENTATION

Case Study III NW Province, The Environmental Statute and Provincial Environmental Authority
Heading
Location

Details
North Western or Wayamba Province Districts of Kurunegala (4,771 km) and Puttalam (2,976 km) 46 Divisional Secretariats and 2,158 Grama Niladhari divisions The province has a population of 2,184,136 Where towns of Kurunegala - 28,337 Chillaw - 24,105 Puttalam - 40,967 Export oriented commercial prawn farming industry Wayamba is the location of Mawathagama and Polghawela Export Processing Zones Several other industrial estates such as Dambadeniya and Makandura Home to some very large industries All matters regarding environmental clearance to be obtained from the CEA

Population

Opportunity / Problem

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SRI LANKA COUNTRY PRESENTATION

Case Study III NW Province, The Environmental Statute and Provincial Environmental Authority
Heading
Initiative

Details
NWP has empowered themselves to protect the environment through the NWP Environmental Statute No. 12 of 1990 Establishment of the Provincial Environmental Authority (PEA) the National Environment Act No. 47 of 1980 is stands suspended Case Study Example : PEA Environmental Impact Mitigation Process, Reducing the Environmental Impact of the Puttalum Cement Factory To protect, manage and rejuvenate the environment in line with the wishes of the peoples representatives to bring about a better service to the people of the province keeping conceptually to the principle of subsidiarity Site Clearance prior to location, and starting of an industry Environmental Impact Assessment (EIA) process Environmental Protection License (EPL) Revenue to sustain the PEA operations and surplus in 2008. 2009 & 2010 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, The Environmental Statute and Provincial Environmental Authority
Heading
Impact on Climate Change

Details
Puttalum Cement Works (PCW) production - Extensive power consumption and harmful GHG emissions When limestone is heated to make cement the amount of CO 2 emission 10% of its clinker production was going out of the stack All this is minimized through constant dialogue, and partnership with PCW and EPL process The Provincial Councils - Chapter XVII A, Article 154 A. (1) of the 13th Amendment to the 1978 Constitution 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. North Western Province Environmental Statute No. 12 of 1990 Article 5 (1), the Authority will maintain its own fund Article 9, the Authority will administer the provisions of the Statute under discussion and Regulations made subsequently

Legislature

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SRI LANKA COUNTRY PRESENTATION

Case Study III NW Province, 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 - industries wanting to discharge or emit waste, industrial effluents, smoke and gases with minimum impact on the environment and public health, and to satisfy set standards operationally an Environmental Protection License (EPL) has been made a requirement Article 61 (1) - from time to time Regulations made under Gazette notifications has several stages and instruments of enforcement. 9 Gazette notification No. 1020/21 dated 27th March, 1998, provides for the listed industries therein, to obtain the approval of the PEA after a proper Environmental Impact Assessment (EIA) process. Adequate legislature to get empowered PEA A bottom up initiative to serve the people by elected authorities closest to the people PEA a very important institution for Climate Change Impact mitigation

Conclusion

SRI LANKA COUNTRY PRESENTATION

5
Conclusions & Recommendations For Further Strengthening Of Such Initiatives

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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

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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

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

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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

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

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Way Forward
The political, 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, especially the Climate Change agenda

SRI LANKA COUNTRY PRESENTATION

Thank You

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