Features
Bill requires 2/3 majority and referendum
Proposed Anti-Terrorism Act – Part II
By Dr Jayampathy Wickramaratne,
President’s Counsel
A significant feature of the proposed Anti-Terrorism Act (ATA) is that offences are very broadly defined and thus bring within it conduct without a reasonable nexus to terrorism that could be dealt with under ordinary laws. This is precisely what criminal justice and human rights experts warn against.
Strikes and protests as terrorism
A few examples would be helpful. The object of a strike is to prevent the provision of a service or the conduct of an activity—in short, to paralyse the institution concerned. Promoting strikes is one of the legitimate objects of a trade union recognised by the Trade Unions Ordinance. However, our courts have held that the right to strike can lawfully be curtailed. Let us take the case of a strike in the health sector that has been declared an essential service under the Public Security Ordinance and is thus illegal. Under section 3(i)(b) of the AAT, engaging in the strike would amount to ‘wrongfully or unlawfully’ compelling the government to provide health services to the public. It would be an act prohibited by section 3(2)(h) for ‘causing serious risk to the health and safety of the public or a section thereof’ and amounting to the offence of terrorism punishable under section 4(b) with rigorous imprisonment for a term that can extend to twenty years and a fine extending to one million Rupees and the possible addition of forfeiture of all movable and immovable property. Virtually any strike could be brought under the ATA due to the very broad definition of terrorism.
The same would apply to a protest that is not violent but results in the government being unable to provide a particular service. Let us take the example of processions taken out by lawyers throughout the country protesting the possible summoning of some judges of the superior courts for allegedly violating the privileges of Parliament by making a judicial order. The processions are massive, and the lawyers purposely block the roads to prevent buses from operating to make the public aware of the reason for their protest. Blocking roads is illegal under ordinary law. Under section 3(i)(b) of the AAT, it would amount to ‘wrongfully or unlawfully’ compelling the government to provide transport services to the public. It is an act prohibited by section 3(2)(f) being an ‘interference’ with an essential service, which is not defined by the AAT and is thus capable of broad interpretation. Lawyers participating in the protests would commit the offence of terrorism and be liable to be punished, as in the case of a strike.
One could give many examples of such actions which transgress ordinary law but are not, by any stretch of the imagination, terrorist acts. Such actions must either be dealt with under ordinary law or ignored in the broader interest of democracy.
Terrorism without terror
The writer submits that, in general, only acts that aim at creating ‘terror’ or a ‘state of intense or overwhelming fear’ should come under the definition of terrorism. There can be exceptions. It is not impossible that a person committed to the use of terror would commit a particular act in pursuance of such a goal without necessarily resorting to violence. For example, when a member of an extremist organisation sabotages an electronic or automated or computerised system, s/he commits an act of terrorism, although there is no violence. But the same act could be done by, say, a whiz kid without a similar intention, in which case s/he could be dealt with under normal law but not as an act of terrorism that entails a long period of pre-trial detention and severe punishment. Exceptional cases where no there is no terror but committed to further the objectives of a terrorist organisation need to be criminalised as distinct offences.
It is submitted that the general offence of terrorism should have, as an essential element, the creation of ‘terror’ or a ‘state of intense or overwhelming fear’. Specific cases where terror is not used but committed in pursuance of the object of an extremist organisation that uses terror should be dealt with separately. The definition of terrorism in Article 421 of the French Penal Code Acts is instructive in this regard. For acts to come under that Article, they must be ‘intentional, connected to either an individual or a collective enterprise, and intended to gravely disturb the public order by way of intimidation or terror’.
The European Union adopted a ‘Framework Decision on Terrorism’ in 2002, in which a terrorist act is defined narrowly as one which ‘may seriously damage a country or an international organisation where committed with the aim of seriously intimidating a population, or unduly compelling a Government or international organisation to perform or abstain from performing any act or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation’.
The EU definition enumerates nine types of specific terrorist acts: (a) attacks upon a person’s life which may cause death; (b) attacks upon the physical integrity of a person; (c) kidnapping or hostage-taking; (d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger human life or result in major economic loss; (e) seizure of aircraft, ships or other means of public or goods transport; (f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of biological and chemical weapons; (g) release of dangerous substances, or causing fires, floods or explosions the effect of which is to endanger human life; (h) interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life; and (i) threatening to commit any of the acts listed in (a) to (h).’
The broad definition of terrorism in section 3 of the ATA has many other serious consequences. Under section 82, where the President has reasonable grounds to believe that any organisation is engaged in any act amounting to an offence under the ATA, he may proscribe such organisation. Being a member of a proscribed organisation is an offence that could be punished with imprisonment of up to ten years and a fine of up to one million rupees (sections 6 and 14).
Under section 10, any person who encourages the public to commit the offence of terrorism would be punished similarly. Taking the example of the 1953 Hartal referred to in Part I of this article, the objective of the Hartal was to paralyse the government, which would have amounted to terrorism if the ATA had been in force. Opposition leaders who encouraged people to join the Hartal would then be ‘terrorists’. Any person who publishes a statement of such encouragement would also be punished. This includes a publication in the print media, internet and electronic media. Similarly, trade union leaders who call a general strike, which would obviously paralyse essential services, would be punished.
Although the focus of this article is the definition of offences under the ATA, the writer wishes to refer to another provision that could be used to stifle protests. Under section 85, the President may, on the recommendation of the IGP, the Commander of the Army, Navy or Air Force or the Director-General of the Coast Guard, stipulate any public place or other location to be a prohibited place. No guidelines whatsoever are laid down. Any person entering a prohibited place is liable to imprisonment not exceeding three years and a fine not exceeding three hundred thousand Rupees or both.
In conclusion, the ATA is replete with provisions that violate the fundamental rights of the People. As fundamental rights are one manner of exercising sovereignty, the Bill as a whole violates the sovereignty of the People. It, therefore, requires a two-thirds majority in Parliament and the approval of the People at a referendum.
(Concluded)
Features
Recruiting academics to state universities – beset by archaic selection processes?
Time has, by and large, stood still in the business of academic staff recruitment to state universities. Qualifications have proliferated and evolved to be more interdisciplinary, but our selection processes and evaluation criteria are unchanged since at least the late 1990s. But before I delve into the problems, I will describe the existing processes and schemes of recruitment. The discussion is limited to UGC-governed state universities (and does not include recruitment to medical and engineering sectors) though the problems may be relevant to other higher education institutions (HEIs).
How recruitment happens currently in SL state universities
Academic ranks in Sri Lankan state universities can be divided into three tiers (subdivisions are not discussed).
* Lecturer (Probationary)
– recruited with a four-year undergraduate degree. A tiny step higher is the Lecturer (Unconfirmed), recruited with a postgraduate degree but no teaching experience.
* A Senior Lecturer can be recruited with certain postgraduate qualifications and some number of years of teaching and research.
* Above this is the professor (of four types), which can be left out of this discussion since only one of those (Chair Professor) is by application.
State universities cannot hire permanent academic staff as and when they wish. Prior to advertising a vacancy, approval to recruit is obtained through a mind-numbing and time-consuming process (months!) ending at the Department of Management Services. The call for applications must list all ranks up to Senior Lecturer. All eligible candidates for Probationary to Senior Lecturer are interviewed, e.g., if a Department wants someone with a doctoral degree, they must still advertise for and interview candidates for all ranks, not only candidates with a doctoral degree. In the evaluation criteria, the first degree is more important than the doctoral degree (more on this strange phenomenon later). All of this is only possible when universities are not under a ‘hiring freeze’, which governments declare regularly and generally lasts several years.
Problem type 1
– Archaic processes and evaluation criteria
Twenty-five years ago, as a probationary lecturer with a first degree, I was a typical hire. We would be recruited, work some years and obtain postgraduate degrees (ideally using the privilege of paid study leave to attend a reputed university in the first world). State universities are primarily undergraduate teaching spaces, and when doctoral degrees were scarce, hiring probationary lecturers may have been a practical solution. The path to a higher degree was through the academic job. Now, due to availability of candidates with postgraduate qualifications and the problems of retaining academics who find foreign postgraduate opportunities, preference for candidates applying with a postgraduate qualification is growing. The evaluation scheme, however, prioritises the first degree over the candidate’s postgraduate education. Were I to apply to a Faculty of Education, despite a PhD on language teaching and research in education, I may not even be interviewed since my undergraduate degree is not in education. The ‘first degree first’ phenomenon shows that universities essentially ignore the intellectual development of a person beyond their early twenties. It also ignores the breadth of disciplines and their overlap with other fields.
This can be helped (not solved) by a simple fix, which can also reduce brain drain: give precedence to the doctoral degree in the required field, regardless of the candidate’s first degree, effected by a UGC circular. The suggestion is not fool-proof. It is a first step, and offered with the understanding that any selection process, however well the evaluation criteria are articulated, will be beset by multiple issues, including that of bias. Like other Sri Lankan institutions, universities, too, have tribal tendencies, surfacing in the form of a preference for one’s own alumni. Nevertheless, there are other problems that are, arguably, more pressing as I discuss next. In relation to the evaluation criteria, a problem is the narrow interpretation of any regulation, e.g., deciding the degree’s suitability based on the title rather than considering courses in the transcript. Despite rhetoric promoting internationalising and inter-disciplinarity, decision-making administrative and academic bodies have very literal expectations of candidates’ qualifications, e.g., a candidate with knowledge of digital literacy should show this through the title of the degree!
Problem type 2 – The mess of badly regulated higher education
A direct consequence of the contemporary expansion of higher education is a large number of applicants with myriad qualifications. The diversity of degree programmes cited makes the responsibility of selecting a suitable candidate for the job a challenging but very important one. After all, the job is for life – it is very difficult to fire a permanent employer in the state sector.
Widely varying undergraduate degree programmes.
At present, Sri Lankan undergraduates bring qualifications (at times more than one) from multiple types of higher education institutions: a degree from a UGC-affiliated state university, a state university external to the UGC, a state institution that is not a university, a foreign university, or a private HEI aka ‘private university’. It could be a degree received by attending on-site, in Sri Lanka or abroad. It could be from a private HEI’s affiliated foreign university or an external degree from a state university or an online only degree from a private HEI that is ‘UGC-approved’ or ‘Ministry of Education approved’, i.e., never studied in a university setting. Needless to say, the diversity (and their differences in quality) are dizzying. Unfortunately, under the evaluation scheme all degrees ‘recognised’ by the UGC are assigned the same marks. The same goes for the candidates’ merits or distinctions, first classes, etc., regardless of how difficult or easy the degree programme may be and even when capabilities, exposure, input, etc are obviously different.
Similar issues are faced when we consider postgraduate qualifications, though to a lesser degree. In my discipline(s), at least, a postgraduate degree obtained on-site from a first-world university is preferable to one from a local university (which usually have weekend or evening classes similar to part-time study) or online from a foreign university. Elitist this may be, but even the best local postgraduate degrees cannot provide the experience and intellectual growth gained by being in a university that gives you access to six million books and teaching and supervision by internationally-recognised scholars. Unfortunately, in the evaluation schemes for recruitment, the worst postgraduate qualification you know of will receive the same marks as one from NUS, Harvard or Leiden.
The problem is clear but what about a solution?
Recruitment to state universities needs to change to meet contemporary needs. We need evaluation criteria that allows us to get rid of the dross as well as a more sophisticated institutional understanding of using them. Recruitment is key if we want our institutions (and our country) to progress. I reiterate here the recommendations proposed in ‘Considerations for Higher Education Reform’ circulated previously by Kuppi Collective:
* Change bond regulations to be more just, in order to retain better qualified academics.
* Update the schemes of recruitment to reflect present-day realities of inter-disciplinary and multi-disciplinary training in order to recruit suitably qualified candidates.
* Ensure recruitment processes are made transparent by university administrations.
Kaushalya Perera is a senior lecturer at the University of Colombo.
(Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.)
Features
Talento … oozing with talent
This week, too, the spotlight is on an outfit that has gained popularity, mainly through social media.
Last week we had MISTER Band in our scene, and on 10th February, Yellow Beatz – both social media favourites.
Talento is a seven-piece band that plays all types of music, from the ‘60s to the modern tracks of today.
The band has reached many heights, since its inception in 2012, and has gained recognition as a leading wedding and dance band in the scene here.
The members that makeup the outfit have a solid musical background, which comes through years of hard work and dedication
Their portfolio of music contains a mix of both western and eastern songs and are carefully selected, they say, to match the requirements of the intended audience, occasion, or event.
Although the baila is a specialty, which is inherent to this group, that originates from Moratuwa, their repertoire is made up of a vast collection of love, classic, oldies and modern-day hits.
The musicians, who make up Talento, are:
Prabuddha Geetharuchi:
(Vocalist/ Frontman). He is an avid music enthusiast and was mentored by a lot of famous musicians, and trainers, since he was a child. Growing up with them influenced him to take on western songs, as well as other music styles. A Peterite, he is the main man behind the band Talento and is a versatile singer/entertainer who never fails to get the crowd going.
Geilee Fonseka (Vocals):
A dynamic and charismatic vocalist whose vibrant stage presence, and powerful voice, bring a fresh spark to every performance. Young, energetic, and musically refined, she is an artiste who effortlessly blends passion with precision – captivating audiences from the very first note. Blessed with an immense vocal range, Geilee is a truly versatile singer, confidently delivering Western and Eastern music across multiple languages and genres.
Chandana Perera (Drummer):
His expertise and exceptional skills have earned him recognition as one of the finest acoustic drummers in Sri Lanka. With over 40 tours under his belt, Chandana has demonstrated his dedication and passion for music, embodying the essential role of a drummer as the heartbeat of any band.
Harsha Soysa:
(Bassist/Vocalist). He a chorister of the western choir of St. Sebastian’s College, Moratuwa, who began his musical education under famous voice trainers, as well as bass guitar trainers in Sri Lanka. He has also performed at events overseas. He acts as the second singer of the band
Udara Jayakody:
(Keyboardist). He is also a qualified pianist, adding technical flavour to Talento’s music. His singing and harmonising skills are an extra asset to the band. From his childhood he has been a part of a number of orchestras as a pianist. He has also previously performed with several famous western bands.
Aruna Madushanka:
(Saxophonist). His proficiciency in playing various instruments, including the saxophone, soprano saxophone, and western flute, showcases his versatility as a musician, and his musical repertoire is further enhanced by his remarkable singing ability.
Prashan Pramuditha:
(Lead guitar). He has the ability to play different styles, both oriental and western music, and he also creates unique tones and patterns with the guitar..
Features
Special milestone for JJ Twins
The JJ Twins, the Sri Lankan musical duo, performing in the Maldives, and known for blending R&B, Hip Hop, and Sri Lankan rhythms, thereby creating a unique sound, have come out with a brand-new single ‘Me Mawathe.’
In fact, it’s a very special milestone for the twin brothers, Julian and Jason Prins, as ‘Me Mawathe’ is their first ever Sinhala song!
‘Me Mawathe’ showcases a fresh new sound, while staying true to the signature harmony and emotion that their fans love.
This heartfelt track captures the beauty of love, journey, and connection, brought to life through powerful vocals and captivating melodies.
It marks an exciting new chapter for the JJ Twins as they expand their musical journey and connect with audiences in a whole new way.
Their recent album, ‘CONCLUDED,’ explores themes of love, heartbreak, and healing, and include hits like ‘Can’t Get You Off My Mind’ and ‘You Left Me Here to Die’ which showcase their emotional intensity.
Readers could stay connected and follow JJ Twins on social media for exclusive updates, behind-the-scenes moments, and upcoming releases:
Instagram: http://instagram.com/jjtwinsofficial
TikTok: http://tiktok.com/@jjtwinsmusic
Facebook: http://facebook.com/jjtwinssingers
YouTube: http://youtube.com/jjtwins
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