Features
Nihal Jayawickrema discusses the judiciary and human rights with the Anglo American Lawyer magazine
Dr. Nihal Jayawickrama was the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan, Canada, and Associate Professor of Law at the University of Hong Kong, where he taught both constitutional law and the international law of human rights. He was also Chair of JUSTICE: the Hong Kong Section of the International Commission of Jurists, Executive Director of Transparency International Berlin, Chair of the Trustees of the Commonwealth Human Rights Initiative, London, and a Member of the Permanent Court of Arbitration at The Hague.
A member of the Sri Lanka Bar, he held the offices of Attorney General, and Permanent Secretary to the Ministry of Justice, having been appointed to that office at the age of 32. He was Vice-Chairperson of the Sri Lanka delegation to the United Nations General Assembly and served on the Third Committee which dealt with human rights issues. He is the Coordinator/Rapporteur of the UN sponsored Judicial Integrity Group which formulated the Bangalore Principles of Judicial Conduct and related instruments.
The AAL Magazine: Dr. Nihal Jayawickrama, we are truly honored by your consent to have a conversation with you especially on your book Judicial Application of Human Rights published by the Cambridge University Press which is now on its second edition. You have touched almost all the topics on human rights. I would say a very comprehensive book on human rights covering jurisprudence of the UN Human Rights monitories bodies. One reason is that you have had a long association with law – runs to around five decades – having been a Professor of Law and your abiding interest in promoting constitutional and human rights especially in Sri Lanka. If I may ask Sir, what really inspired you to write a book on the judicial application of human rights?
Dr. Jayawickrama: In 1978, shortly after I resigned from the Ministry of Justice following a change of government, I was asked by Mr. Paul Sieghart, a prominent Barrister in the United Kingdom and Chairman of JUSTICE, UK, whom I knew, whether I would be interested in researching the emerging body of international human rights law for a book which he proposed to write. I would be appointed a Research Fellow at King’s College, University of London, under the supervision of Professor James Fawcett, then President of the European Commission of Human Rights. I was also informed that the University was willing to enroll me to read for the Degree of Doctor of Philosophy if I wished to apply the results of my research in an appropriate way. I accepted both offers. My research on the jurisprudence of the Strasbourg institutions and of national courts was incorporated in Paul Sieghart’s pioneering work, The International Law of Human Rights, which was published by Oxford University Press in 1983. My thesis, which critically examined the governance of post-independence Ceylon/Sri Lanka by reference to international human rights standards, was accepted by the University for the award of the degree of Ph.D.
When I was nine years old, my parents were persuaded by my mother’s brother that I should leave my primary school in the southern town of Galle, and continue my education in his old school, Royal College, Colombo. Consequently, I lived in my uncle’s home in Colombo for the next 19 years, until my marriage in 1965. Meanwhile, my uncle who was a Crown Counsel became Attorney-General, Judge of the Supreme Court, and President of the Court of Final Appeal. He was also the President of the Geneva-based International Commission of Jurists. Justice T.S. Fernando Q.C., had a profound influence on my life. It was at our dinner table that I was introduced to the concept of human rights. His commitment to human rights in whatever capacity he served the State led to my own study of the subject and its application, both in the practice of my profession and in my capacity as the administrative head of the Ministry of Justice.
After I introduced a course on Human Rights Law at the University of Hong Kong, I found that the international human rights regime had strengthened considerably in the decade following the publication of Paul Sieghart’s book. More than 150 countries, spread over every continent had incorporated contemporary human rights standards into their legal systems. More than 100 countries had ratified the Optional Protocol to the International Covenant on Civil and Political Rights, thereby enabling their inhabitants to access the Human Rights Committee. Nearly all the countries of South and Central America had subscribed to the Inter-American Convention on Human Rights. The resulting jurisprudence had added a new dimension to the concepts that were first articulated in the Universal Declaration of Human Rights. Unfortunately, Paul Sieghart passed away in 1989. I offered to update his pioneering work, but Oxford University Press was not interested. Cambridge University Press, on the other hand, immediately recognized the need for what they described as “a definitive text on the subject”.
Writing a book which runs into over a thousand pages is difficult to combine with regular teaching at a university, as I soon discovered after I commenced preliminary work on it in Hong Kong. Fortunately, the privilege that the University of Saskatchewan accorded me, by nominating me to the Ariel F. Sallows Chair of Human Rights, enabled me to commence my writing in the exhilarating climate of the Canadian prairies. The first edition of my book was published in 2002, and the second edition in 2017.
The AAL Magazine: Why do you think human rights should be protected by the government and why do you think citizens should pursue their rights if governments have been lethargic on the political will to protect the rights of people?
Dr. Jayawickrama: Respect for human dignity and personality and a belief in justice are rooted deep in the religious and cultural traditions of the world. Hinduism, Buddhism, Judaism, Christianity, and Islam all stress the inviolability of the essential attributes of humanity. This religious and cultural tradition was complemented by many strands of philosophical thought that unfolded the concept of a natural law that was equally inviolable and to which all man-made law must conform. Philosophy began transforming into Law in historic documents such as the Magna Carta of 1215, the English Bill of Rights of 1689, the American Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen of 1789. However, it was the Second World War, and the events that preceded it in Germany, and in the territories under German occupation, where unprecedented atrocities were perpetrated on millions of its own people by the regime then lawfully in power, that led to the establishment of a set of superior standards to which all national law must conform – an overriding code of international human rights law.
The Charter of the United Nations was the standard-bearer. The member states of the United Nations have pledged themselves to act, both collectively and separately within their domestic jurisdictions, to secure universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. That is a legal obligation undertaken by the member states of the UN. The people, therefore, have the right to demand of their governments that the basic legal framework be established, and appropriate action be taken, to enable them to exercise and enjoy their fundamental human rights.
The AAL Magazine: The HR jurisprudence you had referred to in your book is quite comprehensive. It covers over 103 countries which is quite an exhaustive exercise. Which jurisdiction did you find most interesting in terms of the articulation of the rights, judicial reasoning or the remedies proposed by the different types of courts eg; in Europe , Latin America, India Australasia, South Africa or any other jurisdiction. You have mentioned that ‘jurisprudence rich in content and varied in flavor, from diverse cultural traditions, has added a new dimension to the concepts first articulated in the UDHR’. Could you please elaborate? Did you identify any methodology which is more prevalent in some jurisdictions but not in others etc.
Dr. Jayawickrama: At the international level, the Human Rights Committee established under the International Covenant on Civil and Political Rights has been the principal source of jurisprudence. At the regional level, the European Court and Commission of Human Rights and the Inter-American Court and Commission of Human Rights have been the principal sources. The Judicial Committee of the Privy Council has also played a significant role in interpreting and applying the Bills of Rights contained in the constitutions of British colonial territories. At the national level, the Supreme Courts of India and Canada, and the Constitutional Court of South Africa have made unique contributions towards the interpretation and application of civil and political rights. I should, however, mention that the Table of Cases on which I have drawn extends to 140 pages, and these include the decisions of superior courts in over a hundred countries from the Pacific to the Caribbean, and especially the Constitutional Courts in European States, all of which have also contributed to extending the frontiers of human dignity and freedom.
If I may give an example: the Universal Declaration of Human Rights proclaimed in 1948 that “Everyone has the Right to Life”. Article 6 of the ICCPR required that “This right shall be protected by law”, and that “No one shall be arbitrarily deprived of his life”. It recognized the death penalty as an exception and explained the circumstances in which it could be carried out. Of course, some years later, in the Second Optional Protocol, it expressly required the abolition of the death penalty. Meanwhile, through judicial interpretation, the application of Article 6 was extended to cover the unborn child; mentally or disabled persons; the aged, senile, and terminally ill persons; persons in detention; the extradition or deportation of persons; the concept of a healthy environment; access to medical services; war and nuclear weapons; and involuntary disappearances. The Supreme Court of India has described the right to life as taking within its sweep the right to food, the right to clothing, the right to a decent environment, and the right to a reasonable accommodation to live in. That Court also held that the right to life includes the right to livelihood.
The AAL Magazine: As you are well aware, the realization of economic, social and cultural rights are predicated on Government policies. However, reviewing Government policies that are consistent or inconsistent with constitutional principles and obligations under international human rights law is clearly a prerogative of the judiciary. While the judicial activism and attitudes in reviewing Government policy may vary from country to country, I suppose policy review is not policymaking. Do you think by taking decisions based on economic, social, and cultural rights would be seen as being overstepping its constitutional role. How does judicial activism come into play by ensuring such rights are upheld?
Dr. Jayawickrama: International law recognizes not only what may be described as civil and political rights, but also economic, social, and cultural rights. Sri Lanka, as a state party to the International Covenant on Economic, Social and Cultural Rights, has made a commitment to take measures to progressively achieve the realization of these rights for its citizens. Unfortunately, our Constitution does not recognize these as enforceable rights. Instead, it regards their achievement as “directive principles of state policy” which are not enforceable in any court. These rights are no less important than civil and political rights and are constitutionally protected in many countries.
To give a few examples: The right to work has been interpreted to imply a right not to be arbitrarily prevented from working as, for example, in a country in which the law requires a woman to obtain the permission of her husband in order to work. Also incompatible with this right is the requirement of a female civil servant to resign on marriage. The judicial interpretation of this right has led to the prohibition of forced labour; equitable, just, and reasonable wages; equal remuneration for work of equal value; safe and healthy working conditions; and equal opportunities for promotion. Therefore, I do not agree that the judiciary would be overstepping its constitutional role if it is called upon to monitor compliance by the government of economic, social, and cultural rights that are constitutionally guaranteed. After all, they cover such vital issues in peoples’ lives such as the right to adequate food; freedom from hunger; right to adequate housing; protection from forced evictions; access to sufficient water; right to social security; maternal child and reproductive health; environmental and industrial hygiene; and the right to academic freedom.
(To be continued)
(Mr. Srinath Fernando is the editor of the AAL magazine from which this article was excerpted)
Features
Own the car or let the App drive?
The real cost of daily travel in urban Sri Lanka
For many middle-class Sri Lankans, the private car still carries connotations of stability, dignity, and upward mobility. Yet in today’s Sri Lanka, with petrol at Rs. 434 per litre, following the Ceylon Petroleum Corporation’s revision, effective 30 May, 2026, loan-to-value ratios tightened to 40% requiring a 60% down payment, and ride-hailing apps now joined by app-based three-wheelers, the question of whether to own a car has become sharper than ever. The answer is not emotional but economic: for ordinary day-to-day travel, is it actually cheaper and wiser to own a car, or to let the app do the work?
Take a generic urban Sri Lankan commuter making a 40 km daily round trip to office and back, with routine errands built in. That is about 880 km a month across 22 working days. At that level of usage, the arithmetic becomes surprisingly clear: for a large group of moderate urban users, app-based mobility, whether a car or a three-wheeler, is financially smarter than owning a car, unless the non-financial benefits of ownership matter deeply enough to justify the premium.
The Sri Lankan distortion:
cars cost too much
In most developed economies, cars are consumer durables. In Sri Lanka, they behave more like luxury financial assets. A moderate vehicle, such as a Toyota Raize or Honda Civic, often costs several times what a comparable car would in a developed market, once taxes, import restrictions, and scarcity are priced in.
Assume a moderate privately used car priced at 10 million. Under the Central Bank’s current 40% LTV directive, the buyer may borrow only 40% against the vehicle’s value, requiring a 60% down payment of 6 million and a five-year lease on the remaining 4 million. At a typical Sri Lankan leasing rate of 14% per annum, the monthly lease instalment comes to approximately 93,000. A moderate petrol vehicle averages around 12 km per litre in urban traffic. At Rs. 434 per litre, fuel cost alone is 36 per km, or 31,800 per month for 880 km. Add insurance of 12,000 and a conservative 4,000 for routine running costs, and total cash outgoings reach approximately 140,800 per month.
But cash outgoings alone understate the true cost. The 6 million down payment, if invested elsewhere at 9% per annum, would generate approximately 45,000 per month in foregone return. Adding this opportunity cost, the full economic cost of the moderate car rises to 185,900 per month, or 211 per km.
The app alternatives: car or three-wheeler
Urban Sri Lankan commuters today have many distinct app-based mobility options, each serving different journey types and comfort preferences.
Uber and PickMe (car hire): A premium car hire through Uber or PickMe costs approximately 150 per km. For 880 km of monthly travel, that comes to 132,000 per month. Compared with the moderate owned car at 185,900, the app saves 53,900 per month, or 61 per km. On purely financial terms, the app wins decisively.
App-based three-wheelers: App-based three-wheelers currently charge approximately 110 per km. For 880 km, that is 96,800 per month, saving 89,100 per month and 101 per km compared with the moderate owned car. The tuk-tuk app is the most economical of the three mobility options for short urban trips, though clearly unsuitable for highway travel, poor weather, carrying passengers in formal settings, however, it represents a compelling financial case.
Non-financial advantages of ownership
Transport decisions are never purely accounting exercises. A private car offers privacy, immediate availability, flexibility, and family utility in ways that no app can fully replicate. With your own car, you can leave when you want, stop when you want, change route mid-journey, carry files or groceries without thought, respond to emergencies, and avoid the uncertainty of waiting for a driver to accept your ride. It also becomes a family coordination tool: school drop-offs, medical visits, elderly passengers, unplanned errands, and weekend travel all become easier. In psychological terms, ownership buys autonomy. No app-based alternative, whether car or three-wheeler, provides that.
The hidden burden of car ownership and app limitations
Yet the same car creates stress. Urban Sri Lankan driving is rarely relaxing. Congestion is exhausting, lane discipline is weak, and parking is a recurring headache. Every daily driver absorbs cognitive fatigue that accumulates invisibly over months.
Uber and PickMe remove the burden of driving, fuelling, and servicing. But they introduce their own friction: waiting times, driver cancellations, surge pricing during peak hours or rain, and inconsistent vehicle quality. App three-wheelers add further constraints, limited luggage capacity, exposure to weather, and social context limitations. The app does not eliminate inconvenience; it transforms driving stress into coordination stress.
There is also the administrative burden of ownership that many buyers underestimate. A car is not just a vehicle; it is an asset management project. Lease payments must be tracked, insurance renewed, service appointments remembered, tyres monitored, and documents maintained. Even a low-maintenance new car carries the persistent fear that one breakdown or accident can create a large unexpected outflow. The app user, by contrast, simply pays for completed trips, no garage anxiety, no debt-linked asset stress, no renewal calendar.
Sensitivity analysis: what if the car is a lower-grade Wagon R?
The picture changes if the household opts for a lower-grade entry-level vehicle. Assume a Suzuki Wagon R or equivalent at 6 million, again with a 60% down payment of 3.6 million and a five-year lease on 2.4 million. At 14% per annum, the monthly lease instalment is approximately 55,800.
The smaller car delivers better fuel economy, around 15 km per litre. At 434 per litre, fuel cost becomes 29 per km, or 25,500 per month for 880 km. Add insurance of 7,000 and running costs of 3,000. Including opportunity cost at 9% on the 3.6 million down payment (27,000 per month), the total economic cost is 118,300 per month, 134 per km.
Now the comparison becomes more nuanced. A lower-grade Uber or PickMe alternative costs around 125 per km, or 110,000 per month for 880 km. The gap narrows dramatically: owning the Wagon R costs only 8,300 more per month, just 9 per km, compared with the app car option. The app three-wheeler at 110 per km (96,800 per month) is still materially cheaper, saving 21,500 per month against the lower-grade owned car. (See Table 1)

So, what should an urban Sri Lankan do?
If you travel alone on routine urban routes, the app three-wheeler at 110/km is the most economical option by a wide margin, saving up to 89,100 per month against a moderate owned car. Its limitation is not financial but practical: unsuitable for families, formal occasions, highway travel, and bad weather, but convenient-no stress.
For families, formal occasions, highway travel, and bad weather and convenient-no stress, Uber or PickMe Moderate car at 150/km delivers private-car comfort without the asset burden, saving 53,900 per month against the moderate owned car. The saving is if you get an economy APP car.
If you need family flexibility, late-night mobility, or privacy, ownership remains rational, but preferably through a lower-grade car around 6 million. At 134/km, the Wagon R-type car is only 9/km more than the app car alternative and 24/km more than a tuk-tuk, a gap that autonomy, family convenience, and immediate availability can legitimately justify.
Therefore, in Sri Lanka’s distorted vehicle market, with fuel at LKR434/lt, a 60% mandatory down payment, the Wagon R-type leased car remains relatively a better choice for a family with moderate earnings.
The private car still offers freedom. But in 2026 Sri Lanka, that freedom comes at very different prices. The real question is how much each household can afford to pay for autonomy, prestige, and convenience, and whether the extra 61/km for a moderate leased car, against a perfectly capable app car, or 101/km against a tuk-tuk app, represents a rational expenditure of household income. For most salaried urban commuters, the honest answer is: probably not.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe.
Views expressed in this article are personal.)
Features
Justice and democracy in Sri Lanka’s new political era
The legal processes are steadily closing in on some of the most controversial cases that have remained as open questions without closure for many years. These include the Easter Sunday bombings of 2019, the Treasury bond scam that erupted in 2015, and a range of corruption allegations that became synonymous with successive governments over the past two or more decades. What once appeared to be stalled investigations are now showing signs of movement through the courts and investigative agencies. Recent developments suggest that these long running cases are entering a decisive phase. In the Easter Sunday attacks investigation, new arrests and investigations have brought renewed attention to allegations that extend beyond the immediate perpetrators and into questions of intelligence failures and possible political complicity. The arrest and detention of former intelligence chief Suresh Sallay under the Prevention of Terrorism Act has intensified public interest in uncovering the full truth behind the attacks.
The Treasury bond scam has also re-entered the spotlight. The Supreme Court has recently overturned legal obstacles that had prevented prosecutions from proceeding and directed that the case moves forward expeditiously. This has reopened one of the most sophisticated financial scandals in the country’s recent history and brought several prominent political and financial figures back under legal scrutiny. As those implicated in these unresolved cases are leading figures from previous governments, which have spanned both sides of the political divide since Independence, it can well be imagined that there is tremendous opposition to the gradually enveloping legal processes that is both seen and unseen.
These cases that are now being investigated cut across political camps and involve individuals who occupied some of the highest offices in the country. The result is that resistance to accountability is likely to emerge from many quarters. Still to be opened are the thousands of cases of persons gone missing during the war. Presidential Commissions have been appointed with regard to them, but there has been no serious investigations of the type now taking place.
In these circumstances, it can be surmised that the government led by those who are new to power would wish to retain a maximum of power to face the pushback that is bound to emerge from those in the opposition who have wielded power for generations. The government may calculate that this is not the time to disperse authority or reduce the instruments of state power available to it. Instead, it may believe that a period of centralised control is necessary if investigations, prosecutions and reforms are to proceed without interference.
Provincial Elections
It appears that the opposition’s efforts to mobilise the people and public opinion against the government have not been successful so far. One such instance was the attempt to generate opposition to price increases. Although people have undoubtedly been affected by rising prices and economic difficulties, these efforts failed to gather significant momentum. Another attempt came when President Dissanayake predicted that opposition politicians would face imprisonment in the month of May as legal cases progressed, though this has not happened. Critics claimed that such remarks suggested an intention to influence judicial outcomes. Yet this criticism also failed to gain traction among the public. The likely reason is that public memory remains fresh. Many people continue to associate previous governments with economic mismanagement, corruption scandals, abuse of power and the eventual economic collapse. In comparison, the present government continues to enjoy a reservoir of public goodwill and credibility. As long as legal action appears to be based on evidence and proper process, the public seems prepared to give the government the benefit of the doubt.
The government’s deliberate and cautious approach to political reform that would reduce its centralised power needs to be seen in this context. The monthly approval by Parliament of the emergency regulations is justified by the government as due to the continuing need to respond to the devastation caused by Cyclone Ditwah. However, when viewed together with the reluctance to hold provincial council elections on the grounds of electoral reform, the failure to repeal the Prevention of Terrorism Act and the postponement of constitutional reform, they all appear to reflect a preference for retaining maximum control at a politically sensitive moment. There is a logic to this approach. Governments facing major legal and political confrontations often seek stability and control. So does every despot. However, there is also a downside.
When political competition is denied to legitimate outlets, it often finds expression in confrontation, obstruction and polarisation. The advantage of prioritising the conduct of provincial council elections at this time is that it could reduce the political pressures that are building up. The main opposition parties are united in calling for these elections to be held. Conducting them would provide an opportunity for opposition political parties to obtain a measure of democratic representation and political authority at the provincial level. This would be especially true in the northern and eastern provinces, in which the ethnic and religious minorities predominate. It cannot be forgotten that the provincial council system was developed as a constructive response to the ethnic conflict. Elections at the provincial level would create opportunities for a new generation of political leaders to emerge through democratic competition rather than patronage. Many of those now facing legal scrutiny belong to an older generation to whose needs the younger may be less deferential.
Two Pillars
Another reform that could command bipartisan support is the repeal of the Prevention of Terrorism Act. The PTA has once again become controversial because it is being used in situations that extend beyond its original purpose. The detention of former intelligence chief Suresh Sallay under the Act, the continued incarceration of some Tamil detainees from the war period, and the arrest of individuals accused of speech related offences have all revived concerns regarding prolonged detention without trial and excessive executive power. The reason the PTA has been difficult to repeal is that it is closely associated with concerns regarding national security and territorial integrity. Introduced in 1979 as a temporary measure to confront the emerging separatist conflict, it survived through decades of war and has remained on the statute books long after the conflict ended.
At the same time, history shows that extraordinary powers are likely to be misused. Laws that permit detention without trial or broad executive discretion are rarely confined to their original purpose. Governments of different political parties have used such powers against opponents and critics. The temptation to do so is inherent in the possession of unchecked authority. The way forward could therefore be a combination of accountability and reform. The government should continue to support independent investigations and prosecutions in major corruption and security related cases. Demonstrating political will in this regard would strengthen public confidence in the rule of law and reinforce the principle that no individual is above the law. The PTA could be replaced with legislation that amends the Criminal Procedure Code and Penal Code in a manner that addresses legitimate security concerns while complying with democratic norms and human rights standards.
There are also international dimensions to consider. The European Union has repeatedly linked governance and human rights reforms, including reform of the PTA, to Sri Lanka’s continuing access to the GSP Plus trade concession. Progress on these issues would strengthen Sri Lanka’s international standing at a time when economic recovery remains a national priority. The government has a rare opportunity. It possesses a strong electoral mandate, public goodwill and a reputation for integrity that previous governments lacked. It can combine the pursuit of justice in long delayed cases with meaningful democratic reforms that reduce political resistance and broaden public support. At this time, accountability and power sharing are the two pillars which Sri Lankans need to be committed to build a just and democratic society for a better future without delay. Failure now would make for a long period of waiting for the next time.
by Jehan Perera
Features
Pitfalls and exclusions in academic recruitment
A public university relies on its teachers in fulfilling its responsibilities to the wider community. While teaching remains the chief responsibility of the academic staff, they also conduct research and play a central role in keeping the university a vibrant space where they and students can freely participate in conversations that concern not just routine classroom education but also society at large. The broader intellectual culture and intellectual integrity of a university thus depend on how its academics perform their functions. Therefore, universities should take the task of recruiting their academics seriously. It is important to ensure that this task is done responsibly, transparently and credibly through a fair, thorough and multi-phased evaluation process.
As both an applicant and a member of selection panels for recruitment, I hold that the recruitment procedures, currently in place in our university system, require radical reforms. Echoing some of the concerns raised by Kaushalya Perera in her Kuppi article on recruitment in March 2026, I focus on the limitations I have observed and experienced, specifically in the recruitment of Lecturer (Probationary) and Senior Lecturer positions. The article also aims to explore how these shortcomings could be addressed.
The Advertisement
Recruitment for Lecturer (Probationary) and Senior Lecturer positions is done through an open-advertisement which also involves an interview with shortlisted candidates. Advertisements are finalised in line with a template issued by the Registrar’s Office. Generally, an initial draft, prepared by the Registrar’s Office, is sent to the relevant academic departments for revisions. The revisions have to be made within the template provided, which allows space for the mention of only specialisation requirements.
It should be noted that not all revisions to the advertisement, suggested by the Department Head, are accepted in the next round. Deans, Vice Chancellors and Registrars, who have very little understanding of the disciplines associated with the position, sometimes reject the changes proposed by the Department. Technocratic in their thinking, they don’t recognise that an academic programme can be taught by persons with specialisation in another overlapping discipline. For instance, a position in English, at a university in Sri Lanka, is very well suited to not just those who have postgraduate qualifications in literary studies but also those who are from the disciplines of Applied Linguistics, Cultural Studies or Translation Studies, as these areas are taught as sub-fields of English studies at most universities in the country. These disciplinary overlaps, even when pointed out by Heads, are often overlooked by our administrators.
In place of this process, dominated by academic administrators and registrars, the advertisement should ideally emerge, from the relevant department, in the form of a comprehensive job description. It should mention the nature of the position advertised, the kind of teaching (and research) expected, how the position relates to other positions in the department, in terms of specialisation and workload, and the ways in which the recruited candidate would contribute to overall institutional development.
There can be no one-size-fits-all model when it comes to recruitment. Individual departments vary in size, strength and specialisation requirements. Departments with sizable academic staff may want to emphasise specialisation during recruitment, whereas smaller departments may prefer generalists who can handle a wide-array of courses. Specifying the rationale for the requirements included in the job description may help potential applicants get an understanding of the position advertised and the selection panel to conduct the evaluation process in a fair manner.
Review of Applications
Once applications are received, we sometimes find promising candidates but with qualifications that don’t carry in their title the name of the discipline or the department in which the position is advertised. Sometimes the disciplines or fields of specialisation that appear in the advertisement and the ones that appear in the qualifications are not identical in nomenclature, even though the research undertaken by the applicant during their graduate studies is strongly relevant to the position advertised. Even when such applications are accompanied by strong and relevant publications, our system does not view them positively. Instead, nomenclatural differences are used to reject promising candidates. Such differences are also used as a pretext when universities want to exclude a candidate for their cultural background, political beliefs or other reasons. Even if academic departments recognise such applications, at the next stage, the administrators of the university try to veto them. We lose inter-disciplinary scholars of high academic standing because of the high-handedness of university administrators.
Selection Panels
Selection panels for academic positions typically comprise the Vice Chancellor, the Dean of the Faculty, the Head of the Department, two academics nominated by the Senate and two members of the University Council. In the case of programmes/disciplines jointly housed under a single department, if the Head comes from a discipline other than the one in which the position is advertised, they may not be able to contribute in an informed manner to the recruitment process. However, some Heads refuse to appoint nominees from the relevant discipline in their place as they view sitting on selection panels as their exclusive privilege.
Sometimes university Senates do not take the appointment of Senate nominees seriously. These appointments are decided in a hurry without serious deliberations at senate meetings packed with numerous agenda items. Sometimes even if the relevant department has suitable academics to serve as Senate nominees, the Senate chooses academics from other departments or disciplines who do not have a nuanced understanding of the requirements of the position advertised and its disciplinary parameters. Sometimes specialists in the relevant discipline may not be available at a university. On such occasions, Senates tend to fill up the positions with academics from other disciplines, instead of inviting external nominees from other universities. At a state university in Sri Lanka, I was interviewed thrice for academic positions by selection panels that comprised not even one specialist from the relevant discipline.
The Marking Scheme
The marking schemes used in recruitment have their own drawbacks. Publications are sometimes evaluated for their quantity rather than quality. The opinion of the subject specialist is not sought or taken seriously when a candidate’s research is evaluated. This is why our universities are saddled with academics who engage in plagiarism or predatory publishing. The evaluation process should be tightened in such a way to bar the entry of those who lack academic integrity.
It is worrying to see that marking schemes and schemes of recruitment penalise applicants who have excelled in their graduate studies and are well-reputed for their recent research and publications just because they did not earn a first-class or second-class upper-division pass at the undergraduate level. Our narrow focus on a candidate’s first degree prevents us from giving due recognition to how that person has gained intellectual depth over the years. Some marking rubrics, which allocate points for eye-contact and posture during the interview, dilute the seriousness associated with the academic position, de-prioritise scholarship and turn the interview process into a stage performance.
Cultural Credibility
In recruitment, many universities look for cultural credibility (a term that I borrow from the work of Sulaxana Hippisley) as an unwritten requirement. Some departments are reluctant to hire applicants who are not their alumni. Some selection panels discriminate against candidates from certain ethnic or religious backgrounds. In some departments, women are rejected because they are likely to go on maternity leave or have more domestic responsibilities than men. Gender and sexual minorities have to mute and censor their identities at interviews because they are likely to face rejection if they openly declare their orientation. We have no policies and procedures in place to ensure recruitment is conducted in an inclusive way that sees diversity as a strength.
The Way-forward
When recruitment fails, the entire intellectual culture of that university takes a hit, and several generations of students are affected. Some of the current problems, related to quality in our higher education system, stem from bad recruitment policies and practices. Instead of trying to address these issues through rigorous and inclusive recruitment practices, we try to seek solutions via band-aids like quality assurance and workshops on curriculum writing and pedagogy for university academics.
In developing alternative recruitment policies and practices, we have to demand that the needs and expectations of individual departments are heard. Our selection panels should include more subject specialists than administrators and council nominees. Most of the evaluation should be completed before the interviews, and interviews should be treated as opportunities to get to know candidates in person and pose clarifying questions rather than as occasions for full-scale evaluation. We have to be open and receptive to new, inter-disciplinary scholarship and cultural, ethnic and gender diversity. If we are unwilling to introspect and bring about these reforms and revise our marking schemes, we will continue to recruit the wrong candidates and thereby fail our students and the wider community.
Mahendran Thiruvarangan is a Senior Lecturer attached to the Department of Linguistics & English at the University of Jaffna.
(Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.)
by Mahendran Thiruvarangan
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Editorial2 days agoProbe Sallay’s complaint
