Features
Some faces and lives from the mid 20th century
I have lived in exile in the United Kingdom for more years than I care to remember. Now, in retirement, my thoughts often drift back to my youth recalling the faces and names that once filled the media and shaped our lives, in our island paradise.
The mid-twentieth century was a time of great upheaval, shaping not only the course of nations but also the lives of ordinary people like us. In Ceylon, the Second World War and the struggle for independence from British rule cast long shadows over our families and communities. These were the years in which we grew—from infants in our mothers’ arms to adults carrying the weight of responsibility in a changing world. It was a period of transition and enormous transformation.
As a newly independent nation, unity among all its people was crucial for progress and prosperity, although at times this wisdom was overshadowed by the chaos of politics.
It has long been my wish to paint portraits of some of the people who stood at the forefront of those turbulent times. They were the faces we saw in the news, the names that stirred hope, fear, pride, or defiance. In painting them, I hope to preserve not only their images but also the memory of an era that shaped who we became.
The biggest upheaval in the Indian subcontinent in the last century was the partition of India. By this division in 1947, two independent dominion states were born. It was done on religious lines into India and Pakistan. East Pakistan later became Bangladesh. It lead to one of the largest mass migrations in history. It displaced 15 million people and caused about a million deaths. Lord Mountbatten, Jawaharlal Nehru, Mahatma Gandhi and Mohammed Ali Jinnah were the personalities involved in the process who worked tirelessly for a peaceful transition. The partition remains a raw and painful memory for many.
Since politics is naturally divisive, I have chosen not to share my personal views or pass judgment on their actions. Instead, I’m reminded of Mark Antony’s words in Shakespeare’s Julius Caesar: “The evil that men do lives after them; the good is oft interred with their bones.”
There exists an ancient taboo, later crystallized into a well-known aphorism popularized by the Spartan philosopher Chiron of ancient Greece: De mortuis nihil nisi bonum — “speak no ill of the dead.” I hold his wisdom and philosophy in high regard.
My education has brought me to where I am today. I have included portraits of two of my teachers in the faculty of Medicine Colombo. They represent the many who taught and educated us beyond the call of duty. I have nothing but praise for them all.
Prof O.E.R Abhayaratne
Prof. O.E.R Abhayaratne had his early education at Royal College Colombo. He began his career in the Health Service in 1933. After holding several key posts in Public Health and Preventive Medicine he proceeded to the University of Edinburgh for postgraduate training. In 1949, Dr O.E.R Abhayaratne was appointed the first Professor of Public Health and Preventive Medicine at the University of Ceylon. He became the Dean of the Faculty of Medicine in 1953 and remained so until his retirement in 1967. Although he richly deserved a long retirement, he passed away suddenly in 1969.
The Professor will be remembered for his personal qualities of kindness, integrity, warmth and humanity. Now I realise the sheer scale of his vision and his professionalism. Many of us have been greatly enriched by having known him and being his students. Our thanks go to one of the greats of our time and one of the finest to walk the corridors of the faculty. He truly was a credit to our profession. He left the world a better place and left the faculty of medicine up there with the finest institutions in the world. We will forever keep him in grateful memory.
Prof. H.V.J Fernando
He was appointed as Professor in 1959 and became a fine teacher of Forensic Medicine at the Faculty of Medicine Colombo. In 1961, Professor Fernando took one year sabbatical leave and proceeded to London and was successful in the Barrister’s examination of the Lincoln’s Inn, London.
In 1965 there was a lavish party for the medical fraternity at the Health Department Sports Club under the auspices of the Medical Students Union. Drinks flowed freely and there was a lot of it about. That was such a fun afternoon. When the alcohol levels rose so did the background noise. Prof HVJ Fernando and Dr WDL Fernando (JMO) warmed up to the occasion and sang with great forensic detail their signature tune of “Officer’s daughter who hanged and died”. This popular song was sung with such intensity and passion; they received a rapturous ovation. I still keep a recording of the song sung by Eranga and Priyanga to recall those happy times of my youth.
In 1982, he became the Registrar of the Ceylon Medical Council. Professor Fernando passed away peacefully on 2nd May 1998.
D.S Senanayake
He was born in 1884 and educated at St Thomas’ College. He served as the Minister of Agriculture for 15 years in the State Council. He became the leader of the Sri Lanka Independence Movement. Prior to independence, D.S Senanayake said: Irrespective of whether we be Sinhala, Tamil, Muslim or Eurasian we are one single nation, the Sri Lankan nation. Long live the Lankan nation!” I wish this is engraved in the hearts and minds of every Sri Lankan. These words came to haunt our people in later years.
In 1946 he turned down the offer of a Knighthood from the British Government and he did so politely.
He was the first prime minister of Ceylon (1947–52) when the country became independent of Great Britain. An avid horseman, Senanayake died from injuries received when his horse threw him age 67. He is affectionately considered as the “Father of the Nation”. There is a D.S Senanayake school in Colombo 7 and a Senanayake Samudra in Gal Oya to remember a great Statesman.
Dr C.W.W Kannangara
CWW Kannangara was born in 1884. He was educated at Richmond College Galle and the Ceylon Law College. Dr Kannangara is the architect of the system of free education, from kindergarten to university, that exists today in Sri Lanka. The establishment of free education in 1945 is celebrated as a tremendous national achievement, significantly contributing to widespread literacy and greater social equality. He passed away in 1969 age 84.
Sir John Kotelawela
He was born in 1897 to a wealthy landowning and mining family. He was educated at Royal College and Cambridge University. Sir John served in the Military for 23 years finally as a Colonel in the Ceylon Light Infantry. He was the Prime Minister of Ceylon from 1953-56. He is known as an aggressively outspoken person who loved sports and horse riding. When he was asked in parliament where he learnt his French he said “Under the blankets in Paris, where else do you think?”. His words were excluded in haste from the Hansard!! He left his enormous wealth and properties to the Kotelawala Defence Academy for training men in the Army. Now there is a Kotelawela Defence University named in his honour. He passed away age 83.
S.W.R.D Bandaranaike
SWRD Bandaranaike was born to aristocracy in 1899 and lived at a mansion in Horagolla. He was educated at St Thomas’ College Colombo and Oxford University. In 1925 he was called to the Bar in London. His entry into politics marked a significant change in the history of modern Ceylon. SWRD Bandaranaike formed the political party, the MEP, and became its leader. He soon rose to become the Prime Minister of Ceylon 1956-59. He was assassinated while being the Prime Minister age 60.
Sirimavo Bandaranaike
Sirimavo Bandaranaike was born in 1916 in Ratnapura. She was educated in a Catholic institution but remained a Buddhist all her life. She became the Prime Minister of Sri Lanka in 1960, following the assassination of her husband, S.W.R.D. Bandaranaike. She served three terms in office and led the Sri Lanka Freedom Party. Notably, she was the world’s first female Prime Minister and the first woman elected as head of government.
She carried on with the socialist policies started by her husband and aligned herself with the left movement. Her government went on to nationalise foreign assets.
One of her famous quotes : “History is full of examples of the disastrous consequences that came upon such nations that changed their constitutions by giving one man too much power”. She passed away in October 2000 age 84.
Sir Oliver Goonetilleke
Oliver Goonetilleke was born in Trincomalee in 1892. He had his education at Wesley College Colombo and London University. In 1931 he became the Auditor General of Ceylon. He was one of the key architects of Ceylon’s Independence and became involved with the independence movement with D.S Senanayake. They drafted the Independence Ceylon Act which was introduced to the House of Commons at Westminster.
In 1954 Sir Oliver Goonetilleke succeeded Lord Soulbury to become the first Ceylonese Governor General of the country. He was well known for his quick wit and intelligence and was also a consummate negotiator and political tactician. His tenure had lasted eight years and had included five prime ministers.
The eminent Journalist Tarzie Vittachi praised the qualities that made the “old fox” a perfect choice for the job: “his razor-sharp mind, his adeptness at bluffing his way through the stickiest mess, his ability to visualize the opponent’s manoeuvres three moves ahead”.
After the attempted coup d’etat in 1962, although Sir Oliver played no part in it, he was replaced by William Gopallawa as the Governor General. He passed away in 1978 age 86.
J.R Jayawardene
Junius Richard Jayawardene was born in Colombo in 1906. He had his education at Royal College Colombo, Ceylon University College and the Ceylon Law College. In 1948 he joined the UNP and became the first minister of finance of independent Ceylon.
He gained recognition for his speech at the Japan Peace Treaty Conference in San Francisco in 1951, where he quoted the Buddha’s words: “Hatred does not end by hatred, but only by love.” This gesture won him the lasting gratitude and friendship of the Japanese people.
He introduced constitutional changes that created the position of Executive President and went on to become Sri Lanka’s first president in 1978. The merits of this decision remain a subject of debate. After serving two terms, President Jayewardene retired on January 1, 1989. He passed away in 1996 age 90 years.
Ranasinghe Premadasa
Ranasinghe Premadasa was born in Colombo in 1924. He had his education at St Joseph’s College Colombo. The top political leadership in Sri Lanka has always been in the hands of high caste landed aristocracy coming from affluent families. He came from a family of modest means. A self-made man, he was the first “commoner” to hold the top jobs in politics. He was the Prime Minister of Sri Lanka from 1978-89 and the President of the country from 1989-93. He served as a member of the Colombo Municipal Council for many years. He was assassinated in 1993 age 69.
Mahatma Gandhi
Mahatma Gandhi was born in India in 1869 and raised in Gujarat. Known for his courage, wisdom, and charisma, he became a guiding force in India’s struggle for independence. One of his most memorable sayings was, “There is a sufficiency in the world for man’s need but not for man’s greed.”
Trained as a lawyer, Gandhi also spent two decades in South Africa, where he developed and practiced his philosophy of non-violent resistance, or Satyagraha. Though he never held public office, he rose to be both the spiritual and political leader of India and is often honored as the “Father of the Nation.” His leadership through peaceful protest was central to ending British colonial rule.
Gandhi’s life was cut short in 1948, when he was assassinated at the age of 79.
Jawaharlal Nehru
Jawaharlal Nehru was born in 1889 into an aristocratic family. He received his education at Harrow School in London and later at Cambridge University. He rose to prominence as a leading figure in India’s nationalist movement during the 1930s and 1940s. For his role in the struggle for independence, Nehru was imprisoned by the British. In all, he spent more than nine years in jail, an experience he vividly described in his seminal work “The Discovery of India”.
Following independence in 1947, India and Pakistan emerged as two separate nations. Nehru became the first prime minister of India, serving until 1964. He is also remembered for shaping India’s foreign policy through his commitment to non-alignment.
Nehru once remarked, “Without peace, all other dreams vanish” – a truth that continues to resonate deeply. He passed away in 1964 age 74.
Indira Gandhi
Indira Gandhi was born in 1917. She attended the Badminton School in Bristol and Oxford University.
Indira Gandhi, the daughter of Jawaharlal Nehru, became one of India’s most influential stateswomen and served as Prime Minister from 1966 to 1977. She maintained close ties with the Soviet Union and faced conflicts with both China and Pakistan.
She once said: “There are two kinds of people, those who do the work and those who take the credit. Try to be in the first group; there is less competition there”.
During her tenure, she also confronted a Sikh separatist movement. In 1984, she was assassinated by her Sikh bodyguards.
Mohammed Ali Jinnah
Mohammed Ali Jinnah was born in 1876 in Karachi. He was called to the bar in London. After returning to Bombay, he began practicing law and soon became deeply engaged in politics. As the founder of Pakistan, he served as its first Governor-General until his death in 1948. Jinnah stressed the importance of “Faith, Unity, and Discipline” as guiding principles for the new nation. He was a strong advocate of equal rights for all citizens, rooted in the ideals of fraternity, equality, and liberty. He also openly acknowledged and supported the vital role of women in society. Even today, Mohammed Ali Jinnah, remains a greatly respected person in Pakistan. He passed away just a year after the partition of India at the age of 71.
by Dr Nihal D Amerasekera ✍️
Features
Independence of the judiciary, democratic governance, and dismantling of the executive presidency:
the basis for drafting a new constitution
By Savitri Goonesekere
( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. )
Today there is so much confusion: what is Constitutionalism? What is a Constitution? Why do we need a Constitution? We must recognise that, it has been civil society, including professionals in this country, who have always articulated a voice on issues of public concern. If you remember the time of COVID, we had the medical professionals articulating a voice because this was a matter of public concern. So, the Bar Association, too, has expressed views on public concerns. We have with us this evening, President’s Counsel Mr. M. A. Sumanthiran, and Mr. Geoffrey Alagaratnam, and we will have President’s Counsel Mr. Saliya Pieris, who will join us later.
They and many other leading lawyers have always led from the front. And in that regard, in the case of the legal profession, inevitably there are areas of public concern that necessarily mean that they have to call the government to account. When that happens, the Bar Association is required to question government’s action or inaction including their policies
Now, in the past, I don’t think it was as bad as today, because today we have such adversarial, confrontational politics that if by any chance—and an unlucky chance—the Opposition’s stand on a matter happens to coincide with that of professionals, then there’s a delegitimisation of the professionals. That is wrong because professionals must have the courage to speak for their profession, even when they question the government. Constitutionalism and Constitution-making, to be functional, must have bipartisan consensus. When that is not there, even professionals who articulate a voice are seen as either anti-government, against government, or worse, lackeys of the government.
I think citizens should be aware of these realities, and therefore reflect on what it means to have a Constitution. What is a Constitution? A Constitution is, after all, the basic law of a country which will regulate the governance system. And to regulate a governance system, you have to have a framework for governance. The framework for governance also then will have to have institutions of governance. That would be what you call the system of governance. Now, those institutions of governance also have to be embedded and linked with some values, and a values framework.
In the 20th and 21st centuries, we have basically two forms or frameworks of governance. One is Democracy. The other is what we call centralised power with perhaps a single leader. That kind of governance does not focus in the way that Democracy does on the Sovereignty of the people, the rights and liberties of citizens of the country. Therefore, we need to understand in Constitution-making where we stand. Is it going to be for Democracy or is it going to be for another form of government? And I say this because today we’re constantly talking of the Democratic deficit, the failures of Democracy. Contrasted with that are countries which have strong leadership, single leadership, supposed to propel our counties into economic growth and a wonderful future.
In that context, therefore, we need to ask ourselves: what is the value in Democracy? Now Democracy, we must understand, was born of an evolutionary framework developed from a time when there was single leadership by a king, a monarch. Democracy didn’t come overnight. It had to dismantle monarchy and single leadership, and that’s what it did. Historically we know that basic ideas on Democracy as a form of governance can be traced to the Greek civilisation and time of what we call the Western Enlightenment. It was the Western Enlightenment that brought together these ideas of the Sovereignty of the People, a social contract between government and the People who are governed, and the central importance of the People of a country. That is Democracy. That did not come overnight. It took centuries. It took ideologies. It took thought. It required struggle born also of blood and tears.
Today we dismiss Democracy and this history and say, “Oh, it is elitist liberalism.” But we must not forget that Democracy was born as an evolution from monarchy and single leadership, replacing this with the concept of government that respected the rights of the Sovereign people. The central importance of the Sovereign Peoples rights to be protected from abuse of state power is the foundation of democracy as a form of governance. The European countries and the UK engaged with that system of governance.
By 1948, when the UN Charter and the International instruments were drafted, there were two different approaches to governance. One was the Western tradition born of their experience evolving from monarchy to People’s rights and People’s sovereignty that focused on civil liberties: freedom from torture, freedom of speech, freedom of expression, freedom to protest—those are civil liberties. But the weakness was that there was no recognition of social and economic rights as the rights of the people: that was absent in that tradition.
On the other hand, there were member states from the Communist countries, which had the centralized, authoritarian system of governance. They did not recognise civil liberties, but focused on meeting all their people’s social and economic needs as rights: health, education, shelter.
In 1948, we must remember that there were therefore two major international treaties or covenants: one, a Covenant on Civil and Political rights, and another one on Economic and Social rights. That was the Cold War period. But then subsequently through the years, there were changes. In the 1990s, there was the flowering of the human rights tradition. Member states of the UN came together at the Vienna World Conference in 1993, which then recognized that ALL these rights should be human rights of peoples across the globe
So, the Western liberal civil liberties tradition, linked with that of the countries of the Global South like Malaysia, China, and Russia—which recognized and gave importance to social and economic rights. And then a consensus developed that ALL these rights are important; they are “indivisible.” We witnessed this in the 1990s, and the early years of this millennium in the development of many international Conventions which declared human rights on the basis of both civil liberties and social and economic rights.
One would have thought that we would achieve a global consensus on the broadening of the meaning of democracy and a movement away from this concept of strong leadership without civil liberties. But we have not had that. In place of that, we have had a decline in multilateralism in the UN system, giving way to bilateralism, once again back to this focus on two systems: Democracy or strong single leadership.
In this global context, let us compare the situation in countries like ours, which experienced decolonization: countries which knew the impact of colonialism. What happened in those countries? These civil liberties, the legacy of the colonial powers, were used in freedom struggles. They were used to dismantle colonialism. That is why the idea that this liberal tradition of civil rights is a colonial white man’s sudda-law should be challenged. Because this is not so. These countries of South Asia and Africa internalised the values of Democracy, the systems of governance known as Democracy, and built for their nations Constitutions which recognized the importance of civil liberties and control of state power And you see this in India, you see this in Nepal, you see this in Sri Lanka: we had the same concepts of the importance of civil liberties in Constitutionalism. But we focussed on civil liberties. Social and economic rights in the Vienna Convention were considered only as social policies, following the Western tradition on people’s rights.
And what is the meaning of Constitutionalism? The Sovereign people have given their consent to the rulers to rule subject to protection of THEIR rights. And that means that Constitutionalism must prevent the abuse of State and Government power. . Today sometimes we talk of authoritarian Constitutionalism, we talk of abusive Constitutionalism. That’s a contradiction. If Constitutionalism is to prevent abuse of state, government power, you can’t have authoritarian constitutionalism or abusive constitutionalism. What you can say is you can abuse of constitution making process to embed an authoritarian system of governance.
So, we must now, therefore, recognise that even today, if we say there’s a Democratic deficit, this system of governance has been used in our countries to give a better quality of life to our people. There have been failures; there are dysfunctional areas, but that does not mean you have to reject something which has been a powerful force for recognising the importance of the citizens of a country.
I think today when we are challenged with all this talk on the deficit of democracy, the importance of single leadership and authoritarian governance to deliver development, we must stay the course and say: “No, for Sri Lanka, from 1948 we have had Democratic governance.” Governments have not delivered in many areas—true—so the challenge is to focus on Constitutionalism in a new Constitution. Priority must be given to help the government to deliver on the gaps that we have, and ensure the well-being of our people. Constitutionalism must be the basis for drafting a new constitution.
I think we have to also challenge this often-repeated statement that we have a “78-year curse” in governance. We have had deficiencies, but we have had Democratic governance. Central to that has been regular elections and the resilience of the People. Also, the contribution of the courts of this country, the lawyers of this country in ensuring that there has been some accountability in governance.
Some of you may not remember, but I have lived through dark times. I have witnessed the horror of the murder of a dear student, a politician whose head was cut off by the JVP—the Deshapremi at that time—and stuck on his gate. He had young children. I have gone with my husband in dark curfew streets to help clear a body for burial, where the first person who opened the poll, a relative, was killed at the General Election the JVP prohibited.
So, we in this country have lived through dark times. But we also have moved from that dark past to a point where those involved in an armed struggle the JVP entered into the democratic political process. They did so in 1994. Having come into that political process, the Democratic process, it is a commitment made to the people. We must hold this government with its JVP partner to deliver on Democracy, and not any other system of governance.
Let us look at our history of Constitutionalism and Constitution making. What is our history? 1948: we had the parliamentary system. We had, particularly in relation to the minorities, decisions of the appeal courts which have been criticised, which did not take into account minority rights. So, there were deficiencies. But we had a written constitution, we had courts, we had public administration and law enforcement systems that functioned. That was the dividend of post-independence freedom and political autonomy in Sri Lanka.
Then in 1972: with a massive mandate, we had a government which again brought in the 1972 “autochthonous” or home grown constitution. But what did it do? In fact, it interpreted the Sovereignty of the People as the Sovereignty of Parliament and parliamentarians. And that made Democracy dysfunctional. There is a recorded history of the abuse of power that took place at the time, including the conflict with the courts.
Now change was promised in 1978 Constitution. The people gave a massive mandate for a Dharmishta anduwa. And then what happened ? Again, we put in place all the democratic institutions as we know them, the system of democracy familiar in the liberal tradition. But a huge gap was the aggrandizement of power in the strong Executive Presidency, which has led to decades of problems in the governance of this country.
The Executive Presidency of 1978 has destabilised what were good public institutions. It has contributed to an ethos where, in institutions, the person who is considered the boss is supposed to lead, and everybody else does not question him/her. That happens in the public sector today in many institutions, and I’m told (and it looks like it does) that sometimes this also happens in the private sector. So, we have developed what you call a boss-man culture which seeps down to society, not just public institutions and governance. The Executive Presidency, therefore, has contributed to the weakening of many public institutions and also, to a large extent, a culture of corruption, and abuse of power.
This decline has been understood, and because it has been understood, since the year 2000 we have been asking for a new Constitution that will eliminate the Executive Presidency. Successive political leaders including the current President and their political parties have pledged in election manifestos to do this. At least the Chandrika Bandaranaike government fulfilled that promise and brought such a constitution in 2000 to abolish the Executive Presidency and strengthen the democratic institutions to achieve accountable governance to the People. Unfortunately, a subsequent and recent executive President and his party tore that Constitution to shreds in Parliament. That was 2000.
(To be continued)
Features
Coercive laws recipe for future misrule
by Jehan Perera
The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.
The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.
But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.
Proposed Laws
The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.
The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.
The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.
Civil Society
The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.
Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.
The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.
Features
Quality assurance without quality enhancement: The irony of university QA
By Ramya Kumar
According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.
An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.
The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.
Top-down check-box activities
The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.
There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).
1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….
2: And with pictures and all…
1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”
2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..
1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…
2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!
1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.
2: yea, when you say QA, my mind closes off immediately and I stop listening…
Auditing everything but power
QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.
The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.
A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.
This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.
External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.
Rethinking university QA
Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.
QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, 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.
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