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Educational Experience in the COVID19 era : Challenges to Opportunities

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Senior Professor Chandrika N Wijeyaratne

MBBS (Colombo), MD (Colombo), DM (Colombo), FRCP (London),Vice-Chancellor, University of Colombo

I am deeply humbled and greatly privileged to deliver the 2021 memorial lecture to honour Professor J.E. Jayasuriya – a pioneer educationist, academic and a brilliant son of Sri Lanka.

Born on February 14, 1918, he received his education in three schools ending with Wesley College, Colombo. Having excelled at the Cambridge Senior Examination and being placed third in the British Empire he was awarded a scholarship to the University College Colombo from where he obtained a First Class in Mathematics.   

He was the first principal of Dharmapala Vidyalaya, Pannipitiya and forsook a career in the coveted civil administrative service due to his resolute stand on encouraging Buddhist schools. He was handpicked by the father of free education and then minister of education, Dr. C.W.W. Kannangara, to lead the central school established in his own electorate of Matugama.   

Following Postgraduate studies at University of London he was placed in charge of Mathematics education at the Teachers’ College Maharagama until being appointed as a lecturer in the Department of Education of the University of Ceylon. In 1957, he succeeded Prof. T.L Green as Professor of Education, with the singular distinction of being the first Sri Lankan to hold this post.   

In his capacity as Professor and the Head of Department, Prof. Jayasuriya undertook the task of professionalizing education. He was a role model to the academia with his professionalism, erudite outlook, integrity and a deep commitment to his chosen field.. It was his vision that paved the way for the first undergraduate degree- Bachelor of Education awarded by University of Peradeniya in the nineteen sixties. The majority of the first generation of B.Ed. graduates achieved high professional status both locally and globally. The popularity of this course, which is now offered at the University of Colombo, testifies the foresight of Prof. Jayasuriya in developing this programme. While there are moves to expand today’s Bachelor of Education programmes, it is necessary to review these programmes in the light of Prof. Jayasuriya’s vision to maintain the quality of the very study course he designed.

I am captivated by Professor J. E Jaysuriya’s close association with medical education. He assisted Professor Senaka Bibile to establish the Medical Education Unit at Peradeniya. He delivered several guest lectures on measurement techniques and psychometry. He was elected as a Chartered Psychologist (U.K.) having the right to practice as a Psychologist. in the U, K. Later he was the UNESCO Regional Adviser on Population Education in Asia and the Pacific and one of his articles on the ‘Inclusion of Population Education in the Medical School Curriculum’ was ublished in the British Journal of Medical Education.

Educating the educators of Sri Lanka has now become a norm in Sri Lanka, about which Prof Jayasuriya would be extremely proud. The distinct features of Prof Jayasuriya’s approach to education, based on the information I gathered about him, include his distinctive approach to psychology and mathematics, intelligence testing and educational policy with a holistic, practical and pragmatic outlook; that I propose modern-day educationists should emulate. May his memory remain etched in the education landscape of mother Lanka!

 

Preamble

Sri Lanka has remained unique in its obligation to universal education over the past seven decades, well before more advanced countries gave due consideration to this aspect of social development. Despite multiple challenges faced, we have safeguarded education as a sacred and quintessential commodity.

The infrastructure, human resource and facilities for education have remained a priority in the eyes of the general public. Nevertheless, there are many unmet needs of tertiary education in Sri Lanka that caused concern for whole of society over the last two decades. It is noteworthy that University Grant Commission (UGC) statistics show that only six percent of young adults (between 18 and 24 years) are enrolled in state universities, while another five percent are enrolled in other state higher educational institutions. A further six percent are enrolled in non-state higher educational institutes with an additional three percent enrolling for external degree programmes. In total, the Gross Enrolment Ratio (GER) for tertiary education in Sri Lanka is only approximately 20%, being the lowest among all middle-income countries and below the average value of 24% for South Asia.

Furthermore, Sri Lanka has one of the highest rates of brain drain in South Asia. The World Bank figure for migration stands at 27.5% among those who received tertiary education, with an average annual migration level of 6,000 professionals. I consider this to be an underestimate by not factoring in the youth migrating for tertiary education while draining our foreign exchange.

The vision statement of the incumbent head of state, His Excellency President Gotabaya Rajapaksa, elucidated the need to introduce a reformed education policy and aim for no student who is suitably qualified to be deprived of higher education.

While discussion and deliberations were in progress on how this transformation must be addressed, the country faced the first wave of the COVID19 pandemic and a shutdown of all education institutions by mid-March 2020. The Presidential Task Force (PTF) on Sri Lanka’s Education Affairs was established through a gazette notification on March 31, 2020. The PTF which consisted of experts in the fields of education and higher education, was initially formed into three (03) Core Groups to propose suitable recommendations in the education sectors of General Education, Higher Education and Vocational Education. This was probably the first attempt to address education holistically under one umbrella and as a lifelong need. The TF was required to explore differences and variation of students, institutions and available resources.

 

COVID19 pandemic – the basis for the response of Higher Education Institutes

The single purpose required from us was to ensure there was no shutdown of education and to optimize the conversion of the process to online learning. Undoubtedly, adult education was the main sector deemed appropriate for an overnight transformation to the Online Distance Education (ODL) format.

With regard to long-term educational reforms beyond Covid-19 and the national expectations for broadening opportunities in tertiary education, far-reaching changes were required. The PTF recognized the need to transform the current tertiary education sector in Sri Lanka to become a globally recognized tri-partite system that consists of three key types of higher educational institutions (HEIs), namely,

 

1) State and Non-state Undergraduate HEIs

2) Postgraduate Research Universities, and

3) State and Non-state Vocational and Professional Institutions

 

This transformation was proposed with the explicit purpose to improve access to tertiary education, provide more flexibility and mobility within and among the three tiers and sectors, offer diverse opportunities for education, training and career paths, enhance standards, quality and relevance of training and promote postgraduate education, with particular emphasis on research, innovation and commercialization; all of which can upscale the economy and national development.

In terms of the required immediate change over to the digital mode, let us recollect the Sri Lankan State Sector experience with ODL by early 2020, immediately preceding the COVID19 pandemic. The Open University of Sri Lanka (OUSL), with a student population of 40,000, had the longest experience with ODL spanning 40 years. Online teaching commenced at the OUSL in 2003, with 50% of the courses made available online. This facility was provided as Supplementary, Blended and as an Online Plus. The open university included formative assessments as assignments, quizzes and discussion forums in the blended online courses. Limited summative assessments (final examinations) were conducted online, under a supervised environment in the computer laboratories of the Regional Centers of the OUSL.

An open-sourced support such as Moodle for the LMS, cloud based digital infra-structure and sustained interaction with LEARN, provided the necessary pathway to achieving the digital transformation.

Indeed, our IT experts provided speedy and unstinted support at the request of the UGC, with our own director of the University of Colombo School of Computing (UCSC) being a great pillar of strength. Permit me to divert here and share with you how this very personality, Prof KP Hewagamage the incumbent director of UCSC, recalls with gratitude how Prof J E Jayasuriya’s book on ‘Veeja Ganithaya’ for schoolchildren captivated his attention and was a life changing experience to learn mathematics from grade six in school! Free access to internet connection via LEARN was negotiated with service providers by HE the President, that ensured that the economically disadvantaged segments of our university population were not left behind. Nevertheless, many of our students still do not own a device to access online and/or have adequate internet bandwidth in their homes to effectively use the LMS. Smart phones were the first best option to ensure a timely transition – and was our only choice.

The concept of a virtual campus through the OUSL system that provides free internet access to students via computer laboratories based in Regional and Study Centers situated in every district was re-visited. Ensuring the provision of a Tablet PC to every student was recognized as priority, so that the new entrants in 2020/2021 are to be provided with student loans for this purpose.

Student centered independent learning was propelled into action. Despite many challenges, this transformation of the educational process would be viewed by the late Professor Jayasuriya as a veritable liberation from a stifled system, that was the main reason for the broader vision to transform education. Without doubt, Sri Lanka was entrapped in a tuition-based examination-oriented rote learning ethos, from which we clearly require to disengage. The COVID19 related shift in demand of educational lifestyle was the ideal opportunity for the deliverance of a more fulfilling and productive educational process and outlook for 21st Century Sri Lanka.

 

Learning Resources for
Online Education

Quality learning resources are vital for the success of online learning. In this context, internationally recognized free and open educational resources are available in the cyberspace free of charge.

It is noteworthy that the Government of India supports the most disadvantaged through an indigenously developed IT platform. Highly ranked Indian universities provide courses on the distance mode through SWAYAM (Study Webs of Active Learning for Young Aspiring Minds) and share quality teaching learning resources for Indian nationals anywhere, at any time.

 

Learner Support

A distance learner should have plenty of self-motivation. A web conferencing system through which the teachers make regular contacts, both synchronously and asynchronously, enables access for students located in remote locations. As per the OUSL experience, effective learner support is achieved by offering multi-device/ multi-mode learning opportunities to meet the learning needs of a mixed student population.

The COVID 19 pandemic impacted severely on our educational processes and systems. Permit me to share with you my experience in this transition as the administrative and academic lead of the University of Colombo, the pioneer institution of modern tertiary education in Sri Lanka. I consider this experience personifies how challenges imposed by the pandemic were transformed into opportunities.

The need for a flexible attitude to the learning and teaching process is of paramount importance to achieve any success with ODL. I am proud to say that a wider sector of our own staff encouraged their students to engage in home gardening; with a view to augmenting psycho-social adjustment to the sudden transition to home-based education, loss of peer group interaction and encouraged students to support their family economy through agriculture. Nevertheless, tilling the land fell far short of the dignity of university education! Acquisition of skills from hands-on laboratory and clinical settings in parallel with the development of leadership, teamwork, soft skills, sports and recreation were clearly not possible with ODL.

We received baseline information on the major issues faced by the students following relocation in their own homes. The impact had socio-economic and gender sensitive dimensions that required intensive support. Thus, the COVID19 threat of a pandemic brought into focus many unmet needs of the modern-day university student; ranging from the need for self-employment opportunities to sustain student education to their individual preferences for city-based versus. rural living. The wider community of the student groups suffered a major anxiety, with the haunting question – when can we graduate? Thereby, every faculty and institute along with the Sripalee campus and the school of computing, were able to effectively create and maintain channels of communication by linking the students with the central administrative process, in order to ensure a coordinated process for the provision of optimum support. I take pride in recounting this staff and alumni support for students that I believe made a meaningful impact on the personality development of our student population.

Our university, in parallel, was catalyzed into a new work norm – of a digital transformation in our educational activities. Online meetings became standard daily practice to manage the University administration. We took pride on becoming paperless, with the formalizing of an online document management system, with the official use of e-signatures and digital certification which resulted in improved efficiency, transparency and flexibility. The benefits of work from home, adopting healthy practices in the working environment, promotion of innovation to address social needs, with a fair share of the responsibility falling upon university systems were positive developments from the Covid-19 pandemic, that should be harnessed for future implementation.

I reiterate that our staff was very supportive to support the new model of ODL; often taking on re-orienting and re-learning while coping with the additional workload. Traditional wisdom and foresight enabled us to think positively and respond pragmatically. We had a few doubting Thomas’s, but such negative thoughts were considerably mitigated by an overwhelming ethos of resilience. Library information services were required to be digitalized.

Based on anecdotal evidence we have received from most sectors, many students became more aware of e-resources and started using the library journal databases at a greater speed that is supported by the recorded numbers of access or hits.

Online surveys were initiated for obtaining student feedback. We received feedback of the major impact on socio-economic and gender-based violence that soon followed student relocation in their own homes. COVID19 indeed brought into focus many unmet needs of the modern-day university student; ranging from self-employment opportunities in the city through tuition, Uber deliveries etc versus. rural living with no earning opportunity. The general anxiety among students was: When can we graduate? When can we stop being a burden to our parents?

As time progressed the digital engagement became apparent among diverse groups. Student centered community related e-activities, such as the Gavel Club, Societies related to social and cultural groups, leadership development through community service such as Rotaract and Leo clubs held their induction ceremonies on time through the digital mode. Addressing on-line, gender-based violence and psychological issues of COIVD 19, by the Golden Zs that comprises female and male medical students (supervised by a faculty representative of the Zonta Club of Colombo I) was an enriching and novel experience.

Online delivery of learning resources for students with disabilities and their special needs received special attention. The majority of students with special needs demonstrated a preference to attend a face-to-face teaching. The Faculty of Arts that accommodates the great majority of this special group that has developed a centre for disability research, education and practice (CEDREP) affiliated to the Department of Sociology. I am proud to state that CEDREP offers support to all students with disabilities irrespective of which faculty they belong to or which study stream they have chosen. They also individualize educational support and mitigate stigma and marginalization of the students with specific needs.

The digital transition was undertaken as a collective project to ensure a quality transition of Onsite Learning to Blended Learning at the University of Colombo. Blended learning is defined as an approach to education that effectively integrates classroom practices (teaching learning and assessment) with online learning (teaching learning and assessment) practices.

Soon after the COVID19 related shut down we had several inquiries made from highly rated universities in the USA. The foreign university looked to us as worthy partners to sustain their recruitment of Sri Lankan students at a discounted rate of 1/6 their original on campus fees with 10% for our university. Based on the discussion we did express an interest in partnership in the award of dual degrees through the “cyber campus” modality; which is a long process of planning. What brings into focus is that the format of blended learning provides opportunities for external partnerships to collaborate with foreign university in teaching and research.

Let me end by reiterating that consciously or unconsciously our inherent Lankan Culture encouraged us to counter threats imposed on higher education from the COVID19 pandemic by responding to the trendy management acronym VUCA through facing “Volatility with Vision, Uncertainty with Understanding, Complexity with Clarity and Ambiguity with Agility”.

Our fundamental values encouraged us to prioritize, risk manage, make pragmatic decisions, foster a change and seek sustainable solutions, while encouraging quick responses and a holistic outlook.



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Features

Rebuilding the country requires consultation

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A positive feature of the government that is emerging is its responsiveness to public opinion. The manner in which it has been responding to the furore over the Grade 6 English Reader, in which a weblink to a gay dating site was inserted, has been constructive. Government leaders have taken pains to explain the mishap and reassure everyone concerned that it was not meant to be there and would be removed. They have been meeting religious prelates, educationists and community leaders. In a context where public trust in institutions has been badly eroded over many years, such responsiveness matters. It signals that the government sees itself as accountable to society, including to parents, teachers, and those concerned about the values transmitted through the school system.

This incident also appears to have strengthened unity within the government. The attempt by some opposition politicians and gender misogynists to pin responsibility for this lapse on Prime Minister Dr Harini Amarasuriya, who is also the Minister of Education, has prompted other senior members of the government to come to her defence. This is contrary to speculation that the powerful JVP component of the government is unhappy with the prime minister. More importantly, it demonstrates an understanding within the government that individual ministers should not be scapegoated for systemic shortcomings. Effective governance depends on collective responsibility and solidarity within the leadership, especially during moments of public controversy.

The continuing important role of the prime minister in the government is evident in her meetings with international dignitaries and also in addressing the general public. Last week she chaired the inaugural meeting of the Presidential Task Force to Rebuild Sri Lanka in the aftermath of Cyclone Ditwah. The composition of the task force once again reflects the responsiveness of the government to public opinion. Unlike previous mechanisms set up by governments, which were either all male or without ethnic minority representation, this one includes both, and also includes civil society representation. Decision-making bodies in which there is diversity are more likely to command public legitimacy.

Task Force

The Presidential Task Force to Rebuild Sri Lanka overlooks eight committees to manage different aspects of the recovery, each headed by a sector minister. These committees will focus on Needs Assessment, Restoration of Public Infrastructure, Housing, Local Economies and Livelihoods, Social Infrastructure, Finance and Funding, Data and Information Systems, and Public Communication. This structure appears comprehensive and well designed. However, experience from post-disaster reconstruction in countries such as Indonesia and Sri Lanka after the 2004 tsunami suggests that institutional design alone does not guarantee success. What matters equally is how far these committees engage with those on the ground and remain open to feedback that may complicate, slow down, or even challenge initial plans.

An option that the task force might wish to consider is to develop a linkage with civil society groups with expertise in the areas that the task force is expected to work. The CSO Collective for Emergency Relief has set up several committees that could be linked to the committees supervised by the task force. Such linkages would not weaken the government’s authority but strengthen it by grounding policy in lived realities. Recent findings emphasise the idea of “co-production”, where state and society jointly shape solutions in which sustainable outcomes often emerge when communities are treated not as passive beneficiaries but as partners in problem-solving.

Cyclone Ditwah destroyed more than physical infrastructure. It also destroyed communities. Some were swallowed by landslides and floods, while many others will need to be moved from their homes as they live in areas vulnerable to future disasters. The trauma of displacement is not merely material but social and psychological. Moving communities to new locations requires careful planning. It is not simply a matter of providing people with houses. They need to be relocated to locations and in a manner that permits communities to live together and to have livelihoods. This will require consultation with those who are displaced. Post-disaster evaluations have acknowledged that relocation schemes imposed without community consent often fail, leading to abandonment of new settlements or the emergence of new forms of marginalisation. Even today, abandoned tsunami housing is to be seen in various places that were affected by the 2004 tsunami.

Malaiyaha Tamils

The large-scale reconstruction that needs to take place in parts of the country most severely affected by Cyclone Ditwah also brings an opportunity to deal with the special problems of the Malaiyaha Tamil population. These are people of recent Indian origin who were unjustly treated at the time of Independence and denied rights of citizenship such as land ownership and the vote. This has been a festering problem and a blot on the conscience of the country. The need to resettle people living in those parts of the hill country which are vulnerable to landslides is an opportunity to do justice by the Malaiyaha Tamil community. Technocratic solutions such as high-rise apartments or English-style townhouses that have or are being contemplated may be cost-effective, but may also be culturally inappropriate and socially disruptive. The task is not simply to build houses but to rebuild communities.

The resettlement of people who have lost their homes and communities requires consultation with them. In the same manner, the education reform programme, of which the textbook controversy is only a small part, too needs to be discussed with concerned stakeholders including school teachers and university faculty. Opening up for discussion does not mean giving up one’s own position or values. Rather, it means recognising that better solutions emerge when different perspectives are heard and negotiated. Consultation takes time and can be frustrating, particularly in contexts of crisis where pressure for quick results is intense. However, solutions developed with stakeholder participation are more resilient and less costly in the long run.

Rebuilding after Cyclone Ditwah, addressing historical injustices faced by the Malaiyaha Tamil community, advancing education reform, changing the electoral system to hold provincial elections without further delay and other challenges facing the government, including national reconciliation, all require dialogue across differences and patience with disagreement. Opening up for discussion is not to give up on one’s own position or values, but to listen, to learn, and to arrive at solutions that have wider acceptance. Consultation needs to be treated as an investment in sustainability and legitimacy and not as an obstacle to rapid decisionmaking. Addressing the problems together, especially engagement with affected parties and those who work with them, offers the best chance of rebuilding not only physical infrastructure but also trust between the government and people in the year ahead.

 

by Jehan Perera

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Features

PSTA: Terrorism without terror continues

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When the government appointed a committee, led by Rienzie Arsekularatne, Senior President’s Counsel, to draft a new law to replace the Prevention of Terrorism Act (PTA), as promised by the ruling NPP, the writer, in an article published in this journal in July 2025, expressed optimism that, given Arsekularatne’s experience in criminal justice, he would be able to address issues from the perspectives of the State, criminal justice, human rights, suspects, accused, activists, and victims. The draft Protection of the State from Terrorism Act (PSTA), produced by the Committee, has been sharply criticised by individuals and organisations who expected a better outcome that aligns with modern criminal justice and human rights principles.

This article is limited to a discussion of the definition of terrorism. As the writer explained previously, the dangers of an overly broad definition go beyond conviction and increased punishment. Special laws on terrorism allow deviations from standard laws in areas such as preventive detention, arrest, administrative detention, restrictions on judicial decisions regarding bail, lengthy pre-trial detention, the use of confessions, superadded punishments, such as confiscation of property and cancellation of professional licences, banning organisations, and restrictions on publications, among others. The misuse of such laws is not uncommon. Drastic legislation, such as the PTA and emergency regulations, although intended to be used to curb intense violence and deal with emergencies, has been exploited to suppress political opposition.

 

International Standards

The writer’s basic premise is that, for an act to come within the definition of terrorism, it must either involve “terror” or a “state of intense or overwhelming fear” or be committed to achieve an objective of an individual or organisation that uses “terror” or a “state of intense or overwhelming fear” to realise its aims. The UN General Assembly has accepted that the threshold for a possible general offence of terrorism is the provocation of “a state of terror” (Resolution 60/43). The Parliamentary Assembly of the Council of Europe has taken a similar view, using the phrase “to create a climate of terror.”

In his 2023 report on the implementation of the UN Global Counter-Terrorism Strategy, the Secretary-General warned that vague and overly broad definitions of terrorism in domestic law, often lacking adequate safeguards, violate the principle of legality under international human rights law. He noted that such laws lead to heavy-handed, ineffective, and counterproductive counter-terrorism practices and are frequently misused to target civil society actors and human rights defenders by labelling them as terrorists to obstruct their work.

The United Nations Office on Drugs and Crime (UNODC) has stressed in its Handbook on Criminal Justice Responses to Terrorism that definitions of terrorist acts must use precise and unambiguous language, narrowly define punishable conduct and clearly distinguish it from non-punishable behaviour or offences subject to other penalties. The handbook was developed over several months by a team of international experts, including the writer, and was finalised at a workshop in Vienna.

 

Anti-Terrorism Bill, 2023

A five-member Bench of the Supreme Court that examined the Anti-Terrorism Bill, 2023, agreed with the petitioners that the definition of terrorism in the Bill was too broad and infringed Article 12(1) of the Constitution, and recommended that an exemption (“carve out”) similar to that used in New Zealand under which “the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person” committed the wrongful acts that would otherwise constitute terrorism.

While recognising the Court’s finding that the definition was too broad, the writer argued, in his previous article, that the political, administrative, and law enforcement cultures of the country concerned are crucial factors to consider. Countries such as New Zealand are well ahead of developing nations, where the risk of misuse is higher, and, therefore, definitions should be narrower, with broader and more precise exemptions. How such a “carve out” would play out in practice is uncertain.

In the Supreme Court, it was submitted that for an act to constitute an offence, under a special law on terrorism, there must be terror unleashed in the commission of the act, or it must be carried out in pursuance of the object of an organisation that uses terror to achieve its objectives. 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 terrorism-related acts without violence, for example, when a member of an extremist organisation remotely sabotages an electronic, automated or computerised system in pursuance of the organisation’s goal. But when the same act is committed by, say, a whizz-kid without such a connection, that would be illegal and should be punished, but not under a special law on terrorism. In its determination of the Bill, the Court did not address this submission.

 

PSTA Proposal

Proposed section 3(1) of the PSTA reads:

Any person who, intentionally or knowingly, commits any act which causes a consequence specified in subsection (2), for the purpose of-

(a) provoking a state of terror;

(b) intimidating the public or any section of the public;

(c) compelling the Government of Sri Lanka, or any other Government, or an international organisation, to do or to abstain from doing any act; or

(d) propagating war, or violating territorial integrity or infringing the sovereignty of Sri Lanka or any other sovereign country, commits the offence of terrorism.

The consequences listed in sub-section (2) include: death; hurt; hostage-taking; abduction or kidnapping; serious damage to any place of public use, any public property, any public or private transportation system or any infrastructure facility or environment; robbery, extortion or theft of public or private property; serious risk to the health and safety of the public or a section of the public; serious obstruction or damage to, or interference with, any electronic or automated or computerised system or network or cyber environment of domains assigned to, or websites registered with such domains assigned to Sri Lanka; destruction of, or serious damage to, religious or cultural property; serious obstruction or damage to, or interference with any electronic, analogue, digital or other wire-linked or wireless transmission system, including signal transmission and any other frequency-based transmission system; without lawful authority, importing, exporting, manufacturing, collecting, obtaining, supplying, trafficking, possessing or using firearms, offensive weapons, ammunition, explosives, articles or things used in the manufacture of explosives or combustible or corrosive substances and biological, chemical, electric, electronic or nuclear weapons, other nuclear explosive devices, nuclear material, radioactive substances, or radiation-emitting devices.

Under section 3(5), “any person who commits an act which constitutes an offence under the nine international treaties on terrorism, ratified by Sri Lanka, also commits the offence of terrorism.” No one would contest that.

The New Zealand “carve-out” is found in sub-section (4): “The fact that a person engages in any protest, advocacy or dissent or engages in any strike, lockout or other industrial action, is not by itself a sufficient basis for inferring that such person (a) commits or attempts, abets, conspires, or prepares to commit the act with the intention or knowledge specified in subsection (1); or (b) is intending to cause or knowingly causes an outcome specified in subsection (2).”

While the Arsekularatne Committee has proposed, including the New Zealand “carve out”, it has ignored a crucial qualification in section 5(2) of that country’s Terrorism Suppression Act, that for an act to be considered a terrorist act, it must be carried out for one or more purposes that are or include advancing “an ideological, political, or religious cause”, with the intention of either intimidating a population or coercing or forcing a government or an international organisation to do or abstain from doing any act.

When the Committee was appointed, the Human Rights Commission of Sri Lanka opined that any new offence with respect to “terrorism” should contain a specific and narrow definition of terrorism, such as the following: “Any person who by the use of force or violence unlawfully targets the civilian population or a segment of the civilian population with the intent to spread fear among such population or segment thereof in furtherance of a political, ideological, or religious cause commits the offence of terrorism”.

The writer submits that, rather than bringing in the requirement of “a political, ideological, or religious cause”, it would be prudent to qualify proposed section 3(1) by the requirement that only acts that aim at creating “terror” or a “state of intense or overwhelming fear” or are carried out to achieve a goal of an individual or organisation that employs “terror” or a “state of intense or overwhelming fear” to attain its objectives should come under the definition of terrorism. Such a threshold is recognised internationally; no “carve out” is then needed, and the concerns of the Human Rights Commission would also be addressed.

 

by Dr. Jayampathy Wickramaratne
President’s Counsel

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Features

ROCK meets REGGAE 2026

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JAYASRI: From Vienna, Austria

We generally have in our midst the famous JAYASRI twins, Rohitha and Rohan, who are based in Austria but make it a point to entertain their fans in Sri Lanka on a regular basis.

Well, rock and reggae fans get ready for a major happening on 28th February (Oops, a special day where I’m concerned!) as the much-awaited ROCK meets REGGAE event booms into action at the Nelum Pokuna outdoor theatre.

It was seven years ago, in 2019, that the last ROCK meets REGGAE concert was held in Colombo, and then the Covid scene cropped up.

Chitral Somapala with BLACK MAJESTY

This year’s event will feature our rock star Chitral Somapala with the Australian Rock+Metal band BLACK MAJESTY, and the reggae twins Rohitha and Rohan Jayalath with the original JAYASRI – the full band, with seven members from Vienna, Austria.

According to Rohitha, the JAYASRI outfit is enthusiastically looking forward to entertaining music lovers here with their brand of music.

Their playlist for 28th February will consist of the songs they do at festivals in Europe, as well as originals, and also English and Sinhala hits, and selected covers.

Says Rohitha: “We have put up a great team, here in Sri Lanka, to give this event an international setting and maintain high standards, and this will be a great experience for our Sri Lankan music lovers … not only for Rock and Reggae fans. Yes, there will be some opening acts, and many surprises, as well.”

Rohitha, Chitral and Rohan: Big scene at ROCK meets REGGAE

Rohitha and Rohan also conveyed their love and festive blessings to everyone in Sri Lanka, stating “This Christmas was different as our country faced a catastrophic situation and, indeed, it’s a great time to help and share the real love of Jesus Christ by helping the poor, the needy and the homeless people. Let’s RISE UP as a great nation in 2026.”

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