CPA raises concerns over
RADA legislation
The Centre for Policy Alternatives (CPA), says
it is concerned over the legislation to establish the Reconstruction
and Development Authority (RADA), raising several legal and constitutional
issues, which could affect future reconstruction and development
activities in Sri Lanka.
In a statement from Dr. P. Saravanamuttu, CPA
Executive Director, some of its concerns were: “A significant
feature of the bill is that it vests broad powers with the President
and RADA, including powers over land acquisition, controlling and
monitoring foreign and local organisation, as well as designating
areas to be classified as being affected by natural or man-made
disasters.
As actions by the President carries with it presidential
immunity in accordance with the Constitution, there are no checks
and balances in place to ensure that the relevant actors do not
abuse such broad powers. The bill at no point mentions the role
of Parliament, and whether RADA will be answerable to Parliament
or any other actor.
It is of grave concern, as the bill is perceived
to be increasing and strengthening the powers of the President,
with no oversight mechanism in place and thereby raising questions
of accountability and transparency. A key feature of the bill is
that it can create a precedent in relation to land acquisition as
it will by pass existing legal provisions set under the Land Acquisition
Act, and vest such powers with the President.
Further, the President and RADA may decide to
acquire land in the national interest but there is no definition
as to what would fall under ‘national interest’.
The CPA is concerned with the ambiguity of the
term ‘national interest’ as the President and RADA may
arbitrarily decide what would be a ‘national interest’
and require any land or property to be acquired in the guise of
‘national interest’, resulting in unjustly taking away
land and property belonging to people. Such blanket powers could
be used in an arbitrary and prejudicial manner, targeting opponents
of the administration or for personal gain and therefore such powers
should be curtailed.
Additionally the CPA raises concern with vesting
vast powers with RADA in relation to foreign and local organizations,
with powers to monitor and control the activities of such actors
and issuing of licenses for the carrying out of activities.
Measures must be in place to reduce the likelihood
that there is no witch hunt against such actors and that there is
no abuse of powers.
The CPA wishes to also highlight the importance
of appointing board members to RADA in a transparent and accountable
manner, ensuring that the board is composed of persons who are knowledgeable
and possess expertise in reconstruction and development activities.
The bill provides vast powers to the President to appoint persons
that he may deem fit creating space for appointments based not on
merit but on personal favoritism and connections.
Further, concerns have been raised as to the modalities within which
RADA will work with existing actors.
CPA reiterates the importance of giving local
actors a greater role in reconstruction and development efforts,
involving them in the formulation of plans and giving greater responsibility
in implementation of projects.”
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