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Considerations of integrity, Good Governance and equity relevant to the formulation of a new treaty on pandemics

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By Dr. Dayanath Jayasuriya*

Background

No sooner public health and human rights advocates welcomed the lifting of restrictions relating to COVID by the Chinese authorities, news soon spread across the globe of a new wave of COVID infections in certain parts of China. Alarming as it was, further news that the Chinese can travel abroad and foreign visitors can enter China without checks sent a chilling message to WHO and member states that another global pandemic might be imminent, possibly exposing millions of currently unaffected people.

We continue to ask China for more rapid, regular, reliable data on hospitalizations and deaths, as well as more comprehensive real-time viral sequencing. WHO is concerned about the risk to life in China and has reiterated the importance of vaccination, including booster doses to protect against hospitalization, severe disease and death. This is especially important for older people, those with underlying medical conditions and others who are at higher risk of severe outcomes. On January 5 the Director-General of WHO remarked that:

“With circulation in China so high and comprehensive data not forthcoming, as I said last week, it is understandable that some countries are taking steps they believe will protect their own citizens. This data is useful to WHO and the world and we encourage all countries to share it. Data remains essential for WHO to carry out regular, rapid and robust risk assessments of the current situation and adjust our advice and guidance accordingly.”

The New York Times of January 11 reported that “In Shanghai last week, local health officials said that up to 70 percent of the city’s 26 million residents had been infected, and they expressed confidence that its Covid outbreak had peaked”.

Integrity

It is incumbent on all nations to ensure the integrity of the health system and willingness to share accurate data and projections. Even though tourism and trade may get affected, nevertheless one cannot be oblivious to the fundamental duty to make prompt disclosures and specially to respond to queries from the WHO.

In the context of the three international drug control treaties, it is significant to note that the failure to provide adequate and truthful data and noncooperation can eventually lead to the imposition of economic sanctions by the principal organs of the UN.

Good Governance

Closely inter-related to the concept of integrity is good governance. Within the national administration, important and binding treaties need to be approved by the supreme legislature and accordingly steps must be taken to ensure that the relevant line ministries create the necessary administrative apparatus to comply with treaty obligations. The International Narcotics Control Board is vested with wide powers to conduct country missions to check on due compliance and make binding recommendations for remedial measures.

Good governance at the global level presupposes that mutual cooperation is indispensable for the welfare of humanity and that countries that lag behind in fulfilling their international obligations should face “a name and shame” sanction.

Equity

‘Equity’ is a philosophical concept which is well grounded in public policy and human rights. Dimensions of equity include distributive justice, social justice and fairness. Equity does not necessarily mean equality. Equity demands that there must be a robust system of meeting unmet needs without unfair discrimination and unjust means. In the allocation of resources a needs-based approach must be taken.

During the initial operations of the International Financing Facility for Immunization (IFFIMCo) it was realized that the primary objective of vaccinating every eligible child cannot be met unless funds are provided for the strengthening of the health care system. Unmet needs of the health care system must be identified to enable resources to be allocated on an equitable basis.

In the specific context of a pandemic treaty, equity comes into play in a number of ways and situations:

Absence of stigmatization or isolation based on test results or nationality or arrival and/or departure locations;

Allocation of resources where resources are much needed;

Fair access to testing, medication, treatment options etc.

No discrimination in matters of admission to educational institutions, to social or health insurance, employment etc.

No discrimination in burial or cremation of deceased persons based on religious belief.

The treaty must strike a delicate balance between necessary and unnecessary; fair and unjust; and, avoidable and unavoidable differences in the way the treaty obligations are meant to apply for health-related interventions.

Liability Issues

Liability of countries or particular agencies with health-related responsibilities is an issue that needs to be addressed in a pandemic treaty. “The polluter” pays concept in international environmental law can be extended with suitable adaptations to determine liability caused to a country or even an individual due to suppression of critical information leading to the contraction of the virus. A dispute resolution mechanism can be built-into the treaty that might help to establish guidelines of liability and related damages in the event there is a proliferation of litigation in different parts of the world. During the height of the HIV/AIDS pandemic, French courts imposed jail sentences on a health minister and some senior health ministry officials for not compulsorily testing blood products from the USA.

Funding mechanisms

Unlike at the time the initial international health regulations were formulated, WHO’s ability to make meaningful national interventions, working in tandem with international development agencies, would require considerable funding. The IFFIMCo. model, designed for infant and child vaccination, that has successfully worked for over a decade with spectacular results in front-loading national efforts, is a useful mechanism for an international pandemic relief financing project.

Conclusion

Ensuring the satisfaction of equity considerations is best accomplished where integrity is embedded in the national accountability system and is an essential ingredient of prevailing norms of good governance.

*Dr. Dayanath Jayasuriya has been a health lawyer since 1973 and in recognition of his legal services he was conferred the title of “President’s Counsel” and was a member of the WHO Expert Committee on Cancer for three years. He was associated with a number of units in WHO headquarters for nearly eight years and since then has held positions as Legal Advisor to the Intentional Narcotics Control Board in Vienna; Chief Technical Advisor to the UN International Drug Control Programme; UNDP Regional Adviser on HIV and Development for Asia and the Pacific; and Head UNAIDS Secretariat in Pakistan. He is a founder Director of IFFIMCo- the third largest charity in the U.K.- and has served as Chairman of the Securities and Exchange Commission and the Insurance Board of Sri Lanka. He is a Distinguished Visitor at the Georgetown University O’Neill Institute on Global Health Law.



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The invisible crisis: How tour guide failures bleed value from every tourist

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(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.)

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Recruiting academics to state universities – beset by archaic selection processes?

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by Kaushalya Perera

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.)

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Talento … oozing with talent

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Talento: Gained recognition as a leading wedding and dance band

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:

Geilee Fonseka: Dynamic and charismatic vocalist

Prabuddha Geetharuchi: The main man behind the band Talento

(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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