Features
Whither legal profession?
By Dr. Justice Chandradasa Nanayakkara
The recent judgment of the Supreme Court disenrolling attorney at law Nagananda Kodituwakku from legal practice for professional misconduct should prompt us to take a realistic and dispassionate look at the whole legal profession in this country.
Professional conduct is a fundamental prerequisite in any profession. Every profession has time-honoured ethical values and practices that its members are expected to observe in conducting their professional tasks and duties. These fundamental values and practices have been handed down from generation to generation. They are considered to be of fundamental importance and enduring value in any profession. The primary object of ethics in a profession is to, maintain the dignity and integrity of the profession. They also go a long way towards building trust and credibility with clients, colleagues, and the wider community.
Ethics in simple terms are the moral principles and standards that guide the behaviour and conduct of the professionals in their chosen fields. Today, we live in a time when the core values of every profession are being openly violated and treated with scant regard. The decline in professional values and professionalism has seeped into nearly every profession so much that no profession can boast of having maintained an untarnished professional reputation. This has resulted in the whole climate of opinion becoming hostile to many professions.
Professional ethics is particularly important in fields such as law medicine, engineering, and accounting. where professional conduct has a significant impact on the lives of individuals and society as a whole. Failure to adhere to ethical standards in these fields is bound to result in serious consequences, including loss of life, property, and financial loss.
In the legal profession, just as in other renowned professions adherence to ethical principles becomes very significant as every action, word, and decision professionals make has profound implications for society. As such it is crucial for lawyers to adhere to a strict code of ethics ensuring that they act with utmost honesty, integrity, and dedication.
The legal profession is one of the traditional professions characterised by certain features. Firstly, it is presumed that its members have specialised knowledge and a set of skills that are not generally available to a person who does not belong to that profession. Secondly, society accords special privileges to the legal profession because it thinks that lawyers would utilise their specialised knowledge in the best interests of their clients.
The word profession suggests a certain stature and prestige. The legal profession has been considered honourable and noble for centuries. It occupies a unique and responsible position in all civilised societies.
The legal profession has a long, distinguished, and eminent place in the history of this country. For many centuries’ lawyers have stood at the center of society and have played an important role in society. Not only in Sri Lanka but worldwide there is a high proportion of heads of state, ministers, and high officials drawn from the ranks of the legal profession. Leading the country in the right direction has fallen to the task of lawyers and it is generally the lawyers who have given leadership in our country more than any other. The future of a democratic state largely depends on the leadership provided by the legal profession.
There were eminent and patriotic lawyers in the past who fought indefatigably for the independence of this country. It is the lawyers who preserve inviolate the sacred fundamental and constitutional rights of the people enshrined in the Constitution whenever there are incursions into those rights. Lawyers have also fought valiantly to create a more equitable and just society in a period of crisis. Occasions have been many when lawyers fought for justice and equality. Therefore, there are ample reasons for the legal fraternity to be proud of its rich and glorious past.
Therefore, it is up to the present members of the profession look to the past and draw inspiration from the forebearers of the profession and keep the prestige of the profession inviolate.
Regrettably, today people witness a marked deterioration in the standard of the legal profession and the practice of law has now become a business in this country. It is important to remember that the legal profession is not a business or trade but a profession. A lawyer is expected to maintain a standard of conduct above that of a businessman.
As Thomas Shaffer, an American and most prolific author once declared. People become lawyers for many reasons. For some it is money: for some, it is the thrill of competition and desire for success: for others, it is the status that comes with it. At one time legal profession was ranked as the lowest among the professions and was considered one the most despised and hated professions in the US. It commanded little respect in their estimation. The President of the New York State Bar Association referring to the United States legal profession declared “Greed and avarice seem to permeate every facet of life in this country and practice of law too, is, not exempt.” It is no exaggeration to say that this applies equally to our legal profession. The legal profession has indeed moved away from long-established traditions and cannons of professional ethics.
In Sri Lanka, the practice of law by direct solicitation is prohibited in law. Nevertheless, how this prohibition is openly flouted with impunity by some unscrupulous lawyers can be seen if a person walks into some of the Magistrate’s Courts in the country. He will be able to see for himself how touts and other intermediaries hang around in the precincts of the courts to persuade prospective litigants to retain particular lawyers regardless of their capabilities. Such direct solicitation is bound to degrade the legal practice into a graft and destroy the confidence and respect of the community in the profession as a whole.
Some lawyers lack boundaries when stooping to low conduct, as they go to the extent of standing outside the courthouses with business cards in their hands offering their services to litigants. It is a disgusting practice degrading the whole profession, as a lawyer is not expected to solicit business or advertise either directly or indirectly.
People are appalled by the shame and disgrace to the profession and the legal profession has suffered tremendous damage to its image by the conduct of a few unscrupulous lawyers.
Moreover, some lawyers depend entirely on the police for their practice. They resort to what is known as police touting for their survival. There are also instances where defence lawyers have attempted to win over the witnesses with the cooperation of prosecuting officers intending to secure acquittals in cases.
Some lawyers are not dignified in their speech. They address the police officers on a friendly basis and address them as machan to obtain cases for them. Even some female lawyers address police officers by their first names and police officers in return address them by their first names. There have been instances when some junior lawyers have been abusive towards the senior members of the bar. It is sad to note that there are thorough misfits in the profession
However, it cannot be denied that there are exemplary practitioners in the legal profession and many lawyers are decent, ethical in their conduct and are hard-working, and maintain a high degree of integrity and commitment.
To uphold the integrity of the legal profession lawyers must be held accountable for breaches of established standards of professional conduct. It is of paramount importance that complaints against lawyers for misconduct in their professional capacity should be investigated expeditiously and appropriately dealt with if they are found wanting in their professional duties.
Although, much has been written and spoken on the deteriorating standards but nothing substantial seems to have been done to arrest the declining trend by the authorities whose responsibility it is to regulate the profession in the country.
The Bar Association as the governing body that represents the profession should have full control and powers of discipline over its members. However, the Bar Association’s failure to maintain high standards of ethics and professionalism warrants criticism.
It appears that there have been little efforts to arrest professional misconduct and malpractices committed by some black sheep and misfits in the profession. Disciplinary actions by the Bar Association to deal with professional misconduct committed by lawyers are few and far between. One can see an attitude of complacency and resignation in the face of the declining trend. There is a sense of apathy and inertia on the part of the authorities. The continued failure of the Bar Association to ensure that its members maintain high ethical standards in the practice of law has led to the decline in the profession and the corresponding decline in the public esteem of lawyers. As a result of the marked increase in the lawyers misconduct and the failure of the authorities to discipline violators, the standing of the legal profession is at its lowest. Therefore, it behoves the president of the bar association to take steps to arrest the declining trend in the profession.
The government should also be committed to safeguarding and improving a strong and independent legal profession. However, the legal profession’s independence is not a justification for immunity from public scrutiny. The government has a role to act in the public interest in setting the framework in which the self-regulating legal profession can provide an independent and quality legal service to the public.
I have adverted to some of these unpalatable truths that bring discredit and dishonour to the entire profession in one of my previous articles.
It is important to remember that the nobility of the legal profession lasts only so long as its members maintain their commitment to integrity and service to the community. The honour and nobility come to the profession through the conduct and behaviour of its members. Therefore, it is the duty of a person practicing law to maintain probity and a high standard of professional ethics and morality.
Features
The invisible crisis: How tour guide failures bleed value from every tourist
(Article 04 of the 04-part series on Sri Lanka’s tourism stagnation)
If you want to understand why Sri Lanka keeps leaking value even when arrivals hit “record” numbers, stop staring at SLTDA dashboards and start talking to the people who face tourists every day: the tour guides.
They are the “unofficial ambassadors” of Sri Lankan tourism, and they are the weakest, most neglected, most dysfunctional link in a value chain we pretend is functional. Nearly 60% of tourists use guides. Of those guides, 57% are unlicensed, untrained, and invisible to the very institutions claiming to regulate quality. This is not a marginal problem. It is a systemic failure to bleed value from every visitor.
The Invisible Workforce
The May 2024 “Comprehensive Study of the Sri Lankan Tour Guides” is the first serious attempt, in decades, to map this profession. Its findings should be front-page news. They are not, because acknowledging them would require admitting how fundamentally broken the system is. The official count (April 2024): SLTDA had 4,887 licensed guides in its books:
* 1,892 National Guides (39%)
* 1,552 Chauffeur Guides (32%)
* 1,339 Area Guides (27%)
* 104 Site Guides (2%)
The actual workforce: Survey data reveals these licensed categories represent only about 75% of people actually guiding tourists. About 23% identify as “other”; a polite euphemism for unlicensed operators: three-wheeler drivers, “surf boys,” informal city guides, and touts. Adjusted for informal operators, the true guide population is approximately 6,347; 32% National, 25% Chauffeur, 16% Area, 4% Site, and 23% unlicensed.
But even this understates reality. Industry practitioners interviewed in the study believe the informal universe is larger still, with unlicensed guides dominating certain tourist hotspots and price-sensitive segments. Using both top-down (tourist arrivals × share using guides) and bottom-up (guides × trips × party size) estimates, the study calculates that approximately 700,000 tourists used guides in 2023-24, roughly one-third of arrivals. Of those 700,000 tourists, 57% were handled by unlicensed guides.
Read that again. Most tourists interacting with guides are served by people with no formal training, no regulatory oversight, no quality standards, and no accountability. These are the “ambassadors” shaping visitor perceptions, driving purchasing decisions, and determining whether tourists extend stays, return, or recommend Sri Lanka. And they are invisible to SLTDA.
The Anatomy of Workforce Failure
The guide crisis is not accidental. It is the predictable outcome of decades of policy neglect, regulatory abdication, and institutional indifference.
1. Training Collapse and Barrier to Entry Failure
Becoming a licensed National Guide theoretically requires:
* Completion of formal training programmes
* Demonstrated language proficiency
* Knowledge of history, culture, geography
* Passing competency exams
In practice, these barriers have eroded. The study reveals:
* Training infrastructure is inadequate and geographically concentrated
* Language requirements are inconsistently enforced
* Knowledge assessments are outdated and poorly calibrated
* Continuous professional development is non-existent
The result: even licensed guides often lack the depth of knowledge, language skills, or service standards that high-yield tourists expect. Unlicensed guides have no standards at all. Compare this to competitors. In Mauritius, tour guides undergo rigorous government-certified training with mandatory refresher courses. The Maldives’ resort model embeds guide functions within integrated hospitality operations with strict quality controls. Thailand has well-developed private-sector training ecosystems feeding into licensed guide pools.
2. Economic Precarity and Income Volatility
Tour guiding in Sri Lanka is economically unstable:
* Seasonal income volatility: High earnings in peak months (December-March), near-zero in low season (April-June, September)
* No fixed salaries: Most guides work freelance or commission-based
* Age and experience don’t guarantee income: 60% of guides are over 40, but earnings decline with age due to physical demands and market preference for younger, language-proficient guides
* Commission dependency: Guides often earn more from commissions on shopping, gem purchases, and restaurant referrals than from guiding fees
The commission-driven model pushes guides to prioritise high-commission shops over meaningful experiences, leaving tourists feeling manipulated. With low earnings and poor incentives, skilled guides exist in the profession while few new entrants join. The result is a shrinking pool of struggling licensed guides and rising numbers of opportunistic unlicensed operators.
3. Regulatory Abdication and Unlicensed Proliferation
Unlicensed guides thrive because enforcement is absent, economic incentives favour avoiding fees and taxes, and tourists cannot distinguish licensed professionals from informal operators. With SLTDA’s limited capacity reducing oversight, unregistered activity expands. Guiding becomes the frontline where regulatory failure most visibly harms tourist experience and sector revenues in Sri Lanka.
4. Male-Dominated, Ageing, Geographically Uneven Workforce
The guide workforce is:
* Heavily male-dominated: Fewer than 10% are women
* Ageing: 60% are over 40; many in their 50s and 60s
* Geographically concentrated: Clustered in Colombo, Galle, Kandy, Cultural Triangle—minimal presence in emerging destinations
This creates multiple problems:
* Gender imbalance: Limits appeal to female solo travellers and certain market segments (wellness tourism, family travel with mothers)
* Physical limitations: Older guides struggle with demanding itineraries (hiking, adventure tourism)
* Knowledge ossification: Ageing workforce with no continuous learning rehashes outdated narratives, lacks digital literacy, cannot engage younger tourist demographics
* Regional gaps: Emerging destinations (Eastern Province, Northern heritage sites) lack trained guide capacity
1. Experience Degradation Lower Spending
Unlicensed guides lack knowledge, language skills, and service training. Tourist experience degrades. When tourists feel they are being shuttled to commission shops rather than authentic experiences, they:
* Cut trips short
* Skip additional paid activities
* Leave negative reviews
* Do not return or recommend
The yield impact is direct: degraded experiences reduce spending, return rates, and word-of-mouth premium.

2. Commission Steering → Value Leakage
Guides earning more from commissions than guiding fees optimise for merchant revenue, not tourist satisfaction.
This creates leakage: tourism spending flows to merchants paying highest commissions (often with foreign ownership or imported inventory), not to highest-quality experiences.
The economic distortion is visible: gems, souvenirs, and low-quality restaurants generate guide commissions while high-quality cultural sites, local artisan cooperatives, and authentic restaurants do not. Spending flows to low-value, high-leakage channels.
3. Safety and Security Risks → Reputation Damage
Unlicensed guides have no insurance, no accountability, no emergency training. When tourists encounter problems, accidents, harassment, scams, there is no recourse. Incidents generate negative publicity, travel advisories, reputation damage. The 2024-2025 reports of tourists being attacked by wildlife at major sites (Sigiriya) with inadequate safety protocols are symptomatic. Trained, licensed guides would have emergency protocols. Unlicensed operators improvise.
4. Market Segmentation Failure → Yield Optimisation Impossible
High-yield tourists (luxury, cultural immersion, adventure) require specialised guide-deep knowledge, language proficiency, cultural sensitivity. Sri Lanka cannot reliably deliver these guides at scale because:
* Training does not produce specialists (wildlife experts, heritage scholars, wellness practitioners)
* Economic precarity drives talent out
* Unlicensed operators dominate price-sensitive segments, leaving limited licensed capacity for premium segments
We cannot move upmarket because we lack the workforce to serve premium segments. We are locked into volume-chasing low-yield markets because that is what our guide workforce can provide.
The way forward
Fixing Sri Lanka’s guide crisis demands structural reform, not symbolic gestures. A full workforce census and licensing audit must map the real guide population, identify gaps, and set an enforcement baseline. Licensing must be mandatory, timebound, and backed by inspections and penalties. Economic incentives should reward professionalism through fair wages, transparent fees, and verified registries. Training must expand nationwide with specialisations, language standards, and continuous development. Gender and age imbalances require targeted recruitment, mentorship, and diversified roles. Finally, guides must be integrated into the tourism value chain through mandatory verification, accountability measures, and performancelinked feedback.
The Uncomfortable Truth
Can Sri Lanka achieve high-value tourism with a low-quality, largely unlicensed guide workforce? The answer is NO. Unambiguously, definitively, NO. Sri Lanka’s guides shape tourist perceptions, spending, and satisfaction, yet the system treats them as expendable; poorly trained, economically insecure, and largely unregulated. With 57% of tourists relying on unlicensed guides, experience quality becomes unpredictable and revenue leaks into commission-driven channels.
High-yield markets avoid destinations with weak service standards, leaving Sri Lanka stuck in low-value, volume tourism. This is not a training problem but a structural failure requiring regulatory enforcement, viable career pathways, and a complete overhaul of incentives. Without professionalising guides, high-value tourism is unattainable. Fixing the guide crisis is the foundation for genuine sector transformation.
The choice is ours. The workforce is waiting.
This concludes the 04-part series on Sri Lanka’s tourism stagnation. The diagnosis is complete. The question now is whether policymakers have the courage to act.
For any concerns/comments contact the author at saliya.ca@gmail.com
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)
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..
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