129 - An Evaluation of the Lawmaking Process with effect of the 19th Amendment to the Constitution of Sri Lanka

Abstract Information: The evaluation of the lawmaking process with the effect of the 19th Amendment to the Constitution of Sri Lanka (19A) is an ex-post policy evaluation. The main purpose of the evaluation was to assess the accountability for results and utilize the findings. A mixed-method system with the desk review, key individual interviews, and storytelling is used in collecting both ‘qualitative’ and ‘quantitative’ data. The key questions were developed based on evaluation criteria; relevance, effectiveness, and impact. The evaluation findings revealed that the prime objectives of the 19A were found to be aligned and consistent with the national priorities and the relevance was signified. Overall, the intervention remained ‘effective’ in ensuring independence and legislative power, despite its evolving nature. However, the outcomes by sectors, mainly at the Committee stage showed unsatisfactory performance. The effects have been reflected in the legislative outcomes. For example, the Provincial Council Election (Amendment) Act No. 17 of 2017 became meaningless paperwork, due to ad-hoc practices. Drawn from the above findings, the intervention logic for these outcomes had proven largely ‘plausible’. Generally, the 19A could be graded as being ‘Partially successful’ in contributing to the achievement of the goal. The study recommends strengthened constitutional arrangements for the emerging legislature to ensure accountability and informed lawmaking with established innovative research and evaluation services.

Relevance Statement: The study evaluates the stages of the lawmaking process paying special attention to the laws enacted in the 8th Parliament of Sri Lanka, immediately after the adoption of the 19th Amendment to the Constitution (19A) (Parliament of Sri Lanka, 2015). The impact evaluation covers both ‘accountability and learning purposes. The ‘accountability’ focuses on the role of Parliament in accommodating and implementing the provisions of 19A to achieve much-anticipated transparency, democracy, and good governance practices. The ‘learning’ purpose focuses on the evidence of achievements, success, impact, and the lessons learned. From the institutional perspective, this is the first-ever initiative to evaluate a law enacted by the Parliament. The Participatory approach ensures maximum utility with the support of the Parliamentary Secretariat. The evaluation seeks to achieve the following evaluation objectives. These include; a) To generate evidence on the achievements and success of 19A, in relation to relevance, effectiveness, impact, gender, and human rights. b) To draw lessons learned by the stakeholders and list good practices in relation to the standard democratic lawmaking process. c) To come up with a set of recommendations for increased evidence-informed lawmaking and empowered independent legislature in Sri Lanka.