Features
A CONSTITUTIONAL BLUEPRINT
Dr Nihal Jayawickrama
Shortly before the Presidential Election, Mr. Anura Kumara Dissanayake, the leader of the NPP, committed himself to the abolition of the office of Executive President. Following his election by the people to the office of President of the Republic, and the overwhelming majority which his party received in the general election, it may be confidently assumed that steps will shortly be taken to implement that commitment.
The events that followed the enactment of the 19th Amendment to the Constitution in 2015 demonstrated the futility of the partial abolition of the Executive Presidency. That amendment, while requiring the President to act on the advice of the Prime Minister, enabled the incumbent President (through a transitional provision) to preside over meetings of the Cabinet and also hold three key portfolios. When a few months later Parliament was dissolved, the general election was conducted under laws which had been formulated to complement an executive presidency.
No provision was made for the election of the constitutional Head of State. A JVP Bill that sought to rectify the omission was held by the Supreme Court to require approval at a referendum in a determination which, it is submitted, was flawed in law and made per incuriam (lack of regard for the law or the facts). Therefore, the abolition of the office of Executive President should be but one element in a comprehensive restructuring of the governmental structure. In other words, a new Constitution.
Contrary to popular belief, the approval of the people at a referendum is not required for the repeal and replacement of the Constitution. What is required under Article 82(5) is that the number of votes cast in favour amounts to not less than two-thirds of the whole number of members of Parliament. Indeed, a referendum is not suitable for consulting the population on a complex issue such as the text of a new Constitution.
For example, in Canada in 1992, a Bill designed to give effect to the multicultural character of that country, known as the Charlottetown Accord, which had been agreed upon by all the First Ministers and territorial and aboriginal leaders, was rejected at a national referendum for reasons which had no relevance whatsoever to the question at issue. Foremost among these was the widespread unpopularity of the then Prime Minister of Canada. In the United Kingdom in 2017, the referendum on the question of leaving the European Union received the affirmative votes of some who believed that it would lead to the restoration of the British Empire. An unnecessary referendum on the Constitution could lead to a voter who disapproves of a single provision voting to reject the Constitution altogether.
UNNECESSARY PROVISIONS
In designing a template for a new Constitution, it is useful to commence by identifying those provisions of the present Constitution which should be omitted altogether.
The State
The 1972 Constitution described the State in the following terms:
Sri Lanka (Ceylon) is a Free, Sovereign and Independent Republic.
The 1978 Constitution added the words “Democratic Socialist” while rejecting the socialist policies of its predecessor and extending the life of Parliament without a general election. Accordingly, I would suggest that the 1972 formulation be restored.
The Unitary State
The whimsical intervention of a senior Cabinet Minister, acting on impulse, resulted in the inclusion of the following provision in the 1972 Constitution:
“The Republic of Sri Lanka is a Unitary State”
The 1978 Constitution not only repeated this provision, but also prevented its repeal except with a two-thirds majority in Parliament and approval of the people at a referendum. This impetuous, ill-considered, and wholly unnecessary embellishment would, in the years to follow, reach the proportions of a political battle cry.
Sovereignty
The 1972 Constitution contained the following provision:
“In the Republic of Sri Lanka, Sovereignty is in the People and is inalienable”.
The 1978 Constitution expanded on that provision, making it unamendable except with a two-third vote in Parliament, followed by a referendum, and thereby stultified the legislative process.
Until 1972, all power flowed from the British monarch. The supreme law then in force was the Ceylon (Constitution) Order in Council 1946. However, the 1972 Constitution was not enacted by Parliament under powers conferred by that Order-in-Council. The 1972 Constitution was an autochthonous Constitution. It was drafted, adopted and enacted outside the existing constitutional framework, not in Parliament but at Navarangahala, a school hall, by persons who were elected to the House of Representatives at the general election of 1970. They asserted that sovereignty flowed not from “The King’s Most Excellent Majesty in Council”, but from the People who had given them a mandate “to function as a Constituent Assembly to draft, adopt and operate a new Constitution that will declare Ceylon to be a free, sovereign and independent Republic”. It was in the exercise of that sovereignty that they proceeded to draft and enact a new Constitution.
That sovereignty of the people was declared to be inalienable in the sense that it could not be transferred, for example, to a foreign power, the military, or a political party, or indeed restored to the British Crown. That was the rationale for asserting for the first time in a constitution of our country that sovereignty was in the People. It was unnecessary to have reaffirmed it in the 1978 Constitution. Nor does it require repetition today. I have not been able to find a similar provision in any other Commonwealth constitution.
Buddhism
The question of constitutional protection for Buddhism was first raised when the 1972 Constitution was being drafted. It was originally sought to impose a duty on the State to protect the institutions and traditional places of Buddhist worship. Over time, that proposal metamorphosed into a requirement that the State shall give to Buddhism “the foremost place”, and shall “protect and foster Buddhism”, whatever these terms might mean. Representatives of lay organizations urged that Buddhism be declared the state religion, while some senior monks emphatically opposed the concept of a state religion and were more interested in the establishment of ownership of property required for the performance of rites and rituals.
This constitutional provision is very divisive and provocative and identifies those Sri Lankan citizens who profess their belief in the great religions such as Hinduism, Christianity and Islam as being “the other” in the Sri Lankan polity. What the Buddha preached was a philosophy of life. Tolerance and pluralism form the basis of that philosophy. If Buddhist Philosophy was able to survive in the hearts and minds of the people through 450 years of western colonial rule, a constitutional injunction is surely not necessary to keep it alive in the free, sovereign and independent Sri Lanka.
Directive Principles of State Policy
The 1972 Constitution introduced for the first time an ideological statement of “Directive Principles of State Policy” which were declared to be not enforceable in any court; not to confer legal rights; and no question of inconsistency with them could be raised in the Constitutional Court or any other Court. However, in another part of the Constitution it was stated that the exercise and operation of the guaranteed fundamental rights and freedoms shall be subject to such restrictions as may be necessary for “giving effect to the Principles of State Policy”.
Consequently, when the Bill to vest the Associated Newspapers of Ceylon Ltd was challenged, the Constitutional Court held that although the Bill infringed the freedom of association of the shareholders and directors of the company, it was nevertheless validated by the fact that it sought to achieve two of the Principles of State Policy, namely, “the development of collective forms of property”, and “raising the moral and cultural standards of the people”. The 1978 Constitution too contains a similar statement of unenforceable Principles of State Policy.
Political ideology should have no place in a national constitution. Values and priorities change with the needs and pressures of a given time. The Constitution, which is the supreme and fundamental law, must therefore be sufficiently flexible to enable different shades of political opinion to be developed and implemented from time to time.
ESSENTIAL ELEMENTS OF A NEW CONSTITUTION
Recognition of Diversity
The Constitution must recognize that Sri Lanka is not only a secular State, but is also a multi-ethnic, multi-religious, and multi-cultural State. The tragedy of Sri Lanka is that many of our politicians have refused to recognize the fact – the unalterable, immutable, and enduring fact – that we are a multicultural country. In the contemporary multicultural State, minority communities have rights in common with, and no less than, everyone else. Indeed, because of the need to protect the distinctive character and identity of minority communities, which is what constitutes the cultural mosaic of the State, they even enjoy additional rights. For example, contemporary international law protects the physical existence of minority groups by criminalizing genocide, by recognizing the right to seek asylum, and by prohibiting discrimination.
International Human Rights Law now provides guidance on the minimum acceptable standards for peaceful co-existence in a multicultural society. They include the right of minorities to use their own language, to profess and practise their own religion and the right to enjoy their own culture. International law also recognizes the right of a minority to determine its political status, and the right to participate effectively in decision-making, both at regional and national levels. Therefore, power-sharing at the centre is a requirement that should be incorporated in the Constitution. Whichever political party forms the government, it should be mandatory for the different ethnic groups to be represented in the Cabinet, at least in proportion to the number of such members elected to Parliament.
The Official Languages
The Constitution must recognize Sinhala, Tamil and English as the Official Languages of the State.
The 1978 Constitution declares Sinhala and Tamil to be the “official languages”, and English to be the “link language”, whatever that might mean in terms of constitutional law. Thereafter, Sinhala and Tamil are described as the “national languages”. Then follow several other provisions detailing the language of administration, of legislation and of courts. Language is not only a mode of communication; it is also the medium through which knowledge is acquired. It is unfortunate, but true, that Sinhala does not serve either purpose adequately. Political leaders with foresight and sagacity, on the African continent, and in countries such as India, Singapore, and Malaysia, retained English – now the acknowledged international language. They adopted it as the medium of instruction, and thereby ensured that their peoples could communicate with the world beyond their geographical boundaries and acquire the knowledge that now emerges as rapidly as the old is debunked, and equip themselves to serve the global community in capacities other than as domestic helpers and semi-skilled workers.
A Constitutional Head of State
For thirty years after Independence, this country had a constitutional Head of State. He symbolized the State, not the ruling party. He was the principal unifying figure in the country; the non-partisan, independent, symbol of the State who provided stability to the State. He was accessible to anyone of whichever political persuasion, especially when the heavy hand of government was felt. He performed the ceremonial functions of the government, leaving to the political head the resolution of the important matters of State. Although the constitutional Head of State was required to act on advice, there have been troubling times when the Cabinet of Ministers sought his advice on how to deal with a particular situation. There have also been occasions when the constitutional Head of State requested reconsideration, or even declined to act as advised until he was furnished with sufficient reasons for doing so.
In a multicultural country such as Sri Lanka, it is desirable that, in addition to the President, there should also be two Vice-Presidents. A new Constitution should therefore provide that:
· There shall be a President of the Republic who is the Head of State, the Head of the Executive, and the Commander-in-Chief of the Armed Forces.
· There shall be two Vice-Presidents who shall belong to two different ethnic groups, and neither of whom should belong to the ethnic group of the President.
· The President and Vice-Presidents shall be elected by Parliament. Their term of office shall be six years.
· The President and Vice-Presidents shall, except as otherwise provided by the Constitution, act on the advice of the Prime Minister, or of such other Minister to whom the Prime Minister may have given authority to advise the President on any function assigned to that Minister.
· Whenever the President is prevented by illness or other cause from performing the duties of his office or is absent from Sri Lanka, a Vice-President designated by the Prime Minister shall act in the office of the President.
The Electoral System
The election of members of parliament from 21 District Lists, based on proportional representation, was introduced by Mr. J.R. Jayewardene as an integral element in the presidential executive system of government. Since each District encompassed several former constituencies, the expenditure involved in campaigning in such a large extent of territory, and the need to raise money for that purpose from various sources, inevitably on a quid pro quo basis, has been identified as one of the principal factors leading to corruption. The return to the first past-the-post system of single-member/multi-member constituencies, supplemented with an element of proportional representation to ensure that unrepresented interests are adequately represented, and that there is an equitable distribution of seats based on the totality of votes cast for each political party, ought to be an essential adjunct to the parliamentary executive system of governance.
Local Government
Local government is best undertaken by restoring the time-tested institutions, namely, village councils, urban councils, and municipal councils, complemented perhaps with District Development Boards. The extremely expensive concept of nine Provincial Councils, each with a Governor and a Board of Ministers, introduced at the request of the Government of India at the height of the ethnic conflict, has lost its relevance and ought to be abandoned.
Fundamental Rights
Over 30 years ago, Sri Lanka signed and ratified the two international covenants that define the universally accepted civil, political, economic, social, and cultural rights. However, successive governments failed to give constitutional force to the rights recognized in them, or to provide effective remedies. The 1978 Constitution selectively designated a few of these rights as fundamental rights and subjected even those to numerous restrictions. For example, the right to life is omitted. Others omitted include family rights, the right to privacy, the right to property, the freedom to leave the country, the right to seek, receive and impart information and ideas, the right to a fair hearing in respect of civil rights and obligations, and the rights of accused persons.
“Birth or other status” is not a prohibited ground of discrimination, thereby enabling the perpetuation of the concept of illegitimate children. And, of course, none of the economic, social, or cultural rights are recognized. Finally, all existing law is declared to be valid and operative notwithstanding any inconsistency with the chapter on fundamental rights. Thereby, the entire body of law enacted over a period of 176 years, a veritable armoury of archaic powers and more recent intrusions into human dignity, remains in force notwithstanding any conflict with fundamental rights.
When the citizens agree to be governed, what they insist in return from the rulers is that their rights and freedoms be effectively guaranteed. The Constitution should provide, as it does in many other countries, that an international human rights treaty, when ratified, will have the force of law, superseding any inconsistent existing law. If the government is unwilling to do so, why ratify a treaty at all? Alternatively, at least the provisions of the two international human rights covenants should be incorporated in the Constitution. That is not only a matter of sound common-sense and prudent governance; it is also a solemn treaty obligation.
Ex Post Facto review of Legislation
The concept of anticipatory review of a Bill is intrinsically flawed. It is a procedure whereby a Bill is examined and tested for constitutionality, not with reference to an act performed in the course of its actual implementation, but on a purely hypothetically basis. It is particularly important (even if the existing provisions for examining the constitutionality of Bills are retained) that the judicial review of legislation be restored. It is often when a law is being applied that its negative impact on a fundamental right, or on any other provision of the Constitution, becomes evident; not when a Bill is examined in the abstract.
The meaning and content of laws also do not remain frozen in time. Consider, for instance, the Right to Life, which was originally thought to mean only the arbitrary deprivation of life. Over the years it has been interpreted to include the right to food, the right to livelihood, protection from the illicit dumping of toxic and dangerous substances and waste, access to medical services and protection from nuclear weapons, as well as the protection of the unborn child. The concept of Torture now includes minimum or mandatory sentences, and corporal punishment in schools. These are contemporary definitions of constitutional provisions which judges and lawyers may not have invoked when a particular Bill was examined in the abstract.
A Constitutional Court
The concept of constitutional jurisprudence is now a permanent feature of democratic political systems. It is derived from the principle of the separation of powers. A Constitutional Court, consisting of judges possessing the required expertise, should be established at the apex of the judicial hierarchy to exercise the fundamental rights and constitutional jurisdictions, including the judicial review of legislation. It will also enable the Supreme Court and other regular existing courts to focus on the enormous backlog that has developed over the years. The Constitutional Court does not review decisions of other courts but may do so if a question of great general or public importance arises in the proceedings of any court. It is a specialized court whose fields of competence are distinct from those of the Supreme Court.
Permanent Secretaries
The 1946 Constitution required a Permanent Secretary to exercise supervision over the departments assigned to the Ministry “subject to the general direction and control of his Minister”. General direction and control referred to matters of policy only, as clarified by Prime Minister Dudley Senanayake. In the 1972/1978 Constitutions the word “general” was deleted. Thereafter, the Permanent Secretary was required to perform his functions “subject to the direction and control” of the Minister, while being himself personally responsible to Parliament as “the chief accounting officer” of the Ministry. The Minister, and through him numerous parliamentarians and constituents, became directly involved in the decision-making processes of government departments without incurring any accountability. The process of politicising the public service began. It is essential that the 1946 provision be reinstated.
CONCLUSION
We need to look ahead to the next 25 years and ask whether the framework of governance prescribed in the 1970s is appropriate or adequate to meet the challenges of the new millennium. Instead of regular and repeated assertions of Independence and Sovereignty, which reminds one of the fish that grows in a pond and considers itself the king of the sea, we must awaken to the reality that Sri Lanka, in common with the rest of the world, is now inextricably linked to the global village. As a former Chief Justice of Kenya once observed, we must not overstay our welcome in the pond when the ocean beckons.
Dr Nihal Jayawickrama, LL.B (Ceylon), Ph.D (London) is a former Permanent Secretary to the Ministry of Justice who also served briefly as Attorney-General. He was Associate Professor of Comparative Constitutional Law at the University of Hong Kong, and the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan in Canada. He is the author of The Judicial Application of Human Rights Law (Cambridge University Press, 2002, 2nd ed.2017, 1200 pp). This article is based on a paper presented by him at the Sri Lanka Law College 150th Anniversary International Research Conference last week.
Features
West Asian conflict undergoing manifold complications
Israeli Prime Minister Benjamin Netanyahu’s message to Israel’s enemies was blunt and stark.‘We’re going to win; we have no choice.’ He said so while the majority of attendees at a recent UN General Assembly session walked out of the conference hall when the Israeli Prime Minister took the podium; many of them booing in derision.
Those commentators who have been studying Israel’s handling of her enemy states over the decades are unlikely to dismiss the entirety of Netanyahu’s address as rhetoric. The general pattern has been for the Israeli state to stand up firmly against its enemies in the battle field. On most occasions, these adversaries have been beaten back.
It is also little realized in particularly the Southern hemisphere that Israel, for the most part, could defend herself without much US assistance. The history of the conflict bears this out.
However, from the viewpoint of working towards a just and equitable peace in the Middle East the Israeli hard line stance has proved and will prove incalculably detrimental. The sworn enemies of Israel are not going to be in any way deterred by Netanyahu’s stark warnings. On the other hand, they would be only further provoked into taking on Israel by conventional or unconventional military means and seek its destruction.
The recent aborted mid-air hijacking of a Flydubai flight, consisting mainly of Israeli passengers, by an Omani extremist drives home the point. Israel’s enemies are bound to redouble their efforts to annihilate Israel rather than be deterred by the latter’s warnings about standing firm against them. This too history has proved.
It would be in the fitness of things at this juncture to pay a tribute to the professionalism, courage and humanity of the relevant airline pilot, Captain Machchhar, whose timely action proved decisive in botching the hijack attempt. His intervention averted what could very well have been another 9/11 type tragedy. History is not going to forget his daring and resourcefulness.
Meanwhile, the ground realities in West Asia are undergoing further complications that portend increasing regional instability. For example at the time of writing Turkiye, Pakistan and Saudi Arabia have agreed under the recently established ‘Mecca Alliance for Defence’ to deploy ‘deterrence measures’ collectively in the event of any member of the alliance coming under military strikes from a non-member state.
The agreement is modeled on the NATO collective defence pact and should help in defusing any threat perceptions experienced by the alliance members in the short term. However, the group would need to be cognizant of the major and potentially divisive role Iran could play in the interstate politics of the Middle East region going forward.
Iran’s reported support, for example, for Yemen’s Houthi rebels, who are engaged in attacking Saudi national assets, could at some point in time compel the alliance, under the terms of the pact, to initiate deterrent military measures against Iran.
The implications for regional peace from such a turn of events hardly require elaboration. A full blown regional war emerges as a distinct possibility if Iran sees itself as being excessively antagonized by the alliance. A further complication is that antagonistic sectarian identities of an Islamic kind could come to play hugely divisive roles in it. Shiite Islamic states would be inclined to back Iran while those countries seen as Sunni Islamic in orientation are bound to support Saudi Arabia.
Accordingly, West Asia is a region rife with manifold aggravated insecurities. If the latter are not defused dexterously they could escalate into a conflict of extra regional dimensions. The latter development would render the world a collective loser.
Unfortunately, no constructive help could be expected from the US at this juncture by way of working towards regional and international peace even of short durance. Its war against Iran has only aggravated the world’s current insecurities.
For example, the world has been compelled to face the possibility of compounded economic woes as a consequence of the Hormuz crisis remaining unresolved. The world is currently experiencing what could be seen as a ‘winter of economic discontent’ of unprecedented proportions.
Unfortunately, the international community is to all intents and purposes helpless in the face of this multifaceted crisis. Substantial intervention is expected of the UN but since it has failed to reform itself over the years it is compelled to stand idly by while the world’s insecurities heighten and multiply.
Yet, it is the seemingly paralyzed UN system that has some potential to contain the current tide of international disorder to even a small measure. Given the persisting divergent and conflicting interests among the world’s principal power blocs, the G7 and BRICS for instance, it is mainly the UN and its principal agencies that could carry some credibility as peace brokers and mediators.
However, as an initial step towards bringing the principal protagonists to the negotiating table the UN would need to convince the principal powers of the UN Security Council of the need for a substantive broad-basing of the membership of the Council so as to reflect more accurately the current global political and economic realities. Such reforms would render the Council more representative and help in strengthening its credibility and effectiveness.
The above reforms call for years of dynamism, hard work and resourcefulness on the part of the international community, read the UN. Yet the aims are not impossible to achieve if strong leadership is brought to bear by the UN.
Meanwhile, the UN agencies and allied organizations need to pay stepped-up attention to the West Asian theatre and its wasting conflicts and wars. Here too there is immense hard work to be put in.
There is, for instance, identity politics and its issues that need to be managed urgently. While internal political matters of countries could not be addressed directly by UN agencies, awareness-raising programs and projects could be energetically carried out by them to blunt the appeal of identity-based slogans, relating to, for instance, religion and race.
Besides, values at the heart of democratic politics need to be freshly and enthusiastically propagated. Vast reserves of energy and resources are needed, to be sure, to consistently champion and implement these crucial projects but they need to be pursued single-mindedly if even a dent is to be made in the current runaway global disorder.
The aborted hijacking of the Flydubai flight pointed to the dehumanizing impact of identity politics on the human consciousness. It was also an indication that those sections endowed with humanity cannot stand idly by while identity politics continues to destroy civilizational values. The time to act is ‘now’.
Features
Future of Sri Lanka’s state university system: Should it be shut down and reopened?
by Professor Ranjith Bandara
Emeritus Professor of Economics, University of Colombo
My life has been closely connected with Sri Lanka’s state university system for more than four decades. Its doors opened to me first as a student and later as an academic. The system gave me knowledge, opportunities and a life. Therefore, when I speak about its future, I do so not as an outsider, but as someone who owes much to it and genuinely wishes to see it become better.
Over the years, our university system has expanded significantly. New institutions, faculties, degree programmes and opportunities for students have been created. For 2024, the government expected to admit 43,204 students to national universities. By the time the relevant report was prepared, 42,282 students had been admitted through the general admission process, which had not yet been completed. This is an achievement that should not be dismissed.
However, expanding the system does not necessarily mean that its quality has improved. The real question is not simply how many students we have allowed through the doors, but what kind of education they receive after entering. (Source: Ministry of Education Annual Performance Report 2024.)
We often proudly declare that “our university is number one.” Yet a university does not become number one through publicity. Its true standing depends on the quality of its teaching, the strength of its research and the contribution it makes to society. A vice-chancellor writing about the institution’s, or his or her own, achievements on Facebook does not improve the quality of a university. What matters is good teaching, an education that encourages students to think, credible research and new knowledge that benefits society. A reputation must be earned through meaningful work, not through self-promotion.
The fundamental purpose of a university is clear: to create knowledge, to teach it and to train students to examine and understand it critically. To fulfil this purpose, academics need freedom, responsibility and time. Students must be free to ask questions, disagree and develop their own views based on evidence. Without such an environment, a university may award degrees, but it cannot fulfil the true purpose of university education.
The most serious danger I see is the growing tendency for political activity to take precedence over the academic mission of universities. Over the past five decades, this problem has gradually become more serious. In some universities today, it has become difficult even to hold or express an opinion that differs from the dominant political view.
Members of a university community have every right to hold political views and express them peacefully. A university should not be a place inhabited by silent people. However, when political loyalties, power blocs and struggles for positions become more important than research, teaching and learning, the university moves away from its true purpose. When the political camp to which an academic belongs matters more than the value of that academic’s ideas, the respect that should belong to knowledge is transferred to power.
These criticisms are not ideas I have borrowed from books. They are based on experiences from my own professional life. One such experience was the manner in which I had to leave the university nearly twenty years ago. In my view, the improper exercise of political power within the administration of the University of Colombo at that time, and the strong desire to retain that power, had a serious effect on my professional life. Although this was a personal experience, I mention it with regret because it reveals a deeper institutional problem.
The lesson I learned from that experience is not merely about one person or one incident. When there are no strong institutional safeguards to ensure that power is exercised fairly and individuals are protected, even an academic may be forced to leave an institution he deeply loves.
To those who criticise my later decision to enter national politics, my answer is this: when the university’s institutional system failed to provide me with fairness and professional protection in the face of the injustice I experienced, I had to choose another path through which I could use my knowledge and experience in the service of the country.
This does not mean that all vice-chancellors, academics or students behave in the same way. I personally know many people who, despite difficult circumstances, have taught with dedication, undertaken meaningful research and transformed the lives of their students. Scholars such as Professor W. D. Lakshman, Professor Arjuna Aluwihare and Professor Lakshman Jayatilake may be recognised among the distinguished vice-chancellors in the history of Sri Lanka’s university system. Their service deserves our respect and appreciation.
Nevertheless, the presence of a few good and committed individuals cannot, by itself, strengthen a weak institutional system. We must also create an institutional environment in which such people can work independently, fairly and effectively.
First, university leaders must be selected through a process based on clearly defined qualifications, transparent evaluation and accountability. Once a vice-chancellor has been appointed, his or her performance should be assessed according to the support provided for research, the quality of teaching, student welfare, the institution’s financial discipline and the fairness of its decisions. Personal loyalties and publicity skills cannot replace these measures of performance.
Second, academics must be given the time and space required to carry out their core responsibilities. It is meaningless to demand “world-class universities” without providing adequate time, facilities and reasonable funding for research. Teaching, too, should not be treated merely as delivering lectures. Students must be trained to reason, write, investigate and apply their knowledge to real-world problems. The quality of a degree programme should be measured not by its title, but by the capabilities of the graduates it produces.
Third, universities must establish an honest connection with the needs of the country. The problems confronting our economy, schools, healthcare system, agriculture, environment and wider society are all legitimate subjects for research. Seeking answers to these problems does not diminish the dignity of a university; it increases its value to society.
At the same time, research must not be controlled by short-term political demands. Knowledge can serve the country only when researchers are free to communicate what they discover. Sri Lanka’s World Bank-supported AHEAD higher education programme similarly connected the expansion of enrolment in priority disciplines with improving the quality of degree programmes and promoting research and innovation. These goals were linked because meaningful expansion cannot be separated from educational quality. (Source: World Bank overview of the AHEAD programme.
Fourth, the responsibilities of students must be clearly emphasised. The duty to protect the academic environment of a university cannot be placed solely on administrators and academics. Every student has a fundamental responsibility to give priority to his or her education, respect the right of other students to learn and allow the free exchange of ideas.
Student activities, social debate and political engagement all have an important place in university life. However, none of them should be allowed to disrupt education or prevent other students from learning.
When students abandon their primary purpose of learning and create an environment that obstructs education, the university system cannot fulfil one of its most important functions: producing knowledgeable and responsible graduates. A university may continue to award degree certificates, but if lectures, research, open discussion and intellectual inquiry do not receive sufficient attention, it risks producing graduates who lack depth of knowledge, critical thinking and professional competence.
The result may be the emergence of a group of “half-educated” graduates, individuals who possess certificates but have not received a complete intellectual education. Therefore, just as we discuss student rights, we must also have an honest and open discussion about student responsibilities within the university system.
My position on the current professional struggle of university academics is also clear. If they are demanding fair conditions of employment, those demands should be discussed seriously. If their struggle is also intended to free universities from political interference and restore research, teaching and learning to the centre of university life, I stand with them.
The rights of academics and the educational rights of students should not be presented as opposing interests. Both can be protected and respected only within a well-functioning university.
When I say that “the state university system should be shut down and reopened,” I do not mean that we should close the door on the future of our students. I mean that we must close the door on systems in which power matters more than knowledge.
Students have the right to hold political views and participate actively in debates on national issues. A university needs a student community that thinks about the country’s problems and speaks out against injustice. However, student politics should not shut down the university, deprive other students of their education or become a means of displaying organisational power. The right to fight for one’s beliefs comes with the responsibility to respect another person’s right to an education.
Simply attempting to establish another 50 universities will not solve these problems. Sri Lanka needs a higher education system that brings together the contributions of state, state-affiliated and private institutions while applying clear standards and responsibilities to all of them.
Strict discipline within such a system should not mean suppressing freedom of thought. It should mean ensuring that everyone fulfils their responsibilities in relation to teaching, research, examinations, institutional governance and student welfare. A degree certificate will then have value not merely because of the name of the institution that issued it, but because the knowledge and capabilities of the person who earned it can be trusted.
We should learn from advanced higher education systems, but we should not simply copy them. We must develop institutional autonomy, reliable quality-assurance mechanisms and publicly accountable governance in ways that suit our own needs. What we owe future generations is not merely a country with a larger number of universities, but a country in which people can trust the education those universities provide.
What we must close down, therefore, is not the universities themselves, but the outdated system that closes the door on knowledge, freedom and responsibility. What we must reopen is a genuine university system devoted to learning, inquiry, research and the creation of new knowledge in the service of the country.
Features
The Sri Lankan who made Scottish history
From beauty pageants and medical science to challenging British immigration policy and making political history in Scotland, yes, that’s Sri Lankan Deena Tissera, born into privilege, in Chilaw, but exposed to poverty and the realities of war.
Now, after 15 years in British politics, she tells Ivan Alvis why she is no longer interested in fitting anyone else’s image of a leader.
She was educated at The British school in Colombo and her father was a doctor-entrepreneur-philanthropist, and mother a former beauty queen and movie star.
She studied Medical Science, moved into Global Health and began a PhD in Public Health, competed in Miss Sri Lanka for Miss World, and, in 2022, made history as the first woman of colour elected to Aberdeen City Council; the first politician of Sri Lankan descent elected in Scotland.
The moment that set it all in motion came during the worst period of her life. Her father had died. She was 24 and missed her university examinations to attend his funeral.
“My father’s greatest wish for me was that I completed my education. However, I was being told that my education would be delayed because I had missed examinations to attend his funeral.”
She refused to accept it. She challenged the university, protested, went before its board and represented herself — and won.
“I went from fighting for myself to realising there were thousands of students who sometimes needed somebody to fight with them.”
She was elected Students’ Union Vice President. Soon her campaigning grew larger. As an international student she had experienced Britain’s immigration system, first-hand, and helped build a UK-wide movement, campaigning for international student rights, and contributing to campaigns that helped achieve changes to immigration rules.
“That taught me one of the most important lessons of my life. Politics isn’t about having a title. Politics is understanding where power sits, organising the people who don’t have it and knowing how to make the people who do have it, listen.”

Deena: Beauty pageant
contestant
The instinct to challenge inequality began earlier. Though born to privilege, her father took her into communities affected by the war through his philanthropic work.
“I grew up with opportunities, but I was surrounded by poverty. That contradiction affected me enormously. My father taught me that privilege isn’t something you should feel guilty about. But you should understand the responsibility that comes with it.”
If her father gave her a sense of service, her mother gave her confidence. Inspired by her, Deena took to modelling … and the Miss Sri Lanka pageant.
“People sometimes expect serious women to edit the glamorous parts out of their history. I can, and have been in a beauty pageant, and still understand economic policy.”
Her academic background continues to shape her politics: “Medical science teaches you evidence. Global health teaches you systems. Public health teaches you that someone’s health can be determined by poverty, housing, education and employment long before they reach a hospital.”
While at the University of Aberdeen she joined Labour Students, later becoming Vice-Chair of her Constituency Labour Party. What followed was more than a decade of door-knocking, organising, strategising, winning and losing.
The overnight success took 15 years. In 2022 she won Hilton, Woodside and Stockethill in Aberdeen.
The historic label came with a complicated reality. She remembers entering rooms with qualifications, campaign experience and leadership credentials — and still sensing she was not the person others imagined as leader.
“There have been tables where I have looked around and known I may be the most accomplished person sitting there, but I wasn’t necessarily the person people saw as the leader. And that’s because I didn’t fit the look.”
Her answer was to work harder — another qualification, another campaign. Then she realised the flaw in that strategy.
“If you wait for everybody else to decide you’re good enough, you can spend your entire life auditioning for a position you’re already qualified to occupy. I owned my identity and started leading with the confidence of my competence.”
At 39, successful and unmarried, she speaks with unusual candour. “Being unmarried is a marital status. It isn’t a performance review.”
Her message to young Sri Lankan and migrant women is direct: “Do not shrink your ambition to make yourself easier for somebody else to digest.”
Her blog series ‘Taboo Tuesdays’ — with titles like “Politics Is a Blood Sport – And We Pretend It Isn’t” — examines ambition, envy, ego and power from inside the room.
Since her election, she has led on anti-poverty and inequality, served as Labour’s Energy Spokesperson for Aberdeen covering net zero, environment and transport, and served as Chief Whip of the Labour group.
She was adviser to former Prime Minister Gordon Brown on his Our Scottish Future commission, took part in the Jo Cox Women in Leadership programme, and served as Scottish executive representative for the northeast, Highlands and Islands at her party’s top table.
Recognition has followed — 35 Under 35 Scotland’s rising political stars, Exceptional Achiever of the Year, Politician of the Year nomination, and Outstanding Woman in Governance and Public Policy by Women in Management UK.
As Energy Spokesperson for Aberdeen, one of Europe’s key energy cities, she sits at the centre of Britain’s energy debate. She supports transition but warns: “A just transition cannot mean asking one community to carry the economic cost of everybody else’s environmental ambition.”
Ask her if she wants more power and her answer is simple: “Yes. I am ambitious. But power without purpose is just status.”
Perhaps her most personal answer is about representation: “The first Sri Lankan elected in Scotland means something to me because it means the next Sri Lankan isn’t the first.
“I didn’t have to become less Sri Lankan to become Scottish. I didn’t have to become less feminine to become politically serious. And I didn’t have to look like somebody else’s idea of leadership before I was allowed to lead.”
In conclusion, Deena Tissera had this to say: “There was a time when I wanted to prove I deserved a seat at the table. Now I walk in knowing I do.”
-
Editorial6 days agoColombo Port drug bust: The plot thickens
-
Features4 days agoThe first woman in the foreign service or Ceylon Overseas Service it was then called
-
Editorial5 days agoFuelling discontent and protest
-
News3 days agoGeneva takes up Sallay’s case and govt. ignores opportunity to answer accusations
-
Latest News5 days agoTharindu Rathnayake, bowlers secure Asian Games Bronze for Sri Lanka
-
Foreign News5 days agoTen injured after car crashes into rugby supporters in Australia
-
Features3 days agoSri Lanka Cricket Bill: Governance reform is not yet a cricket strategy
-
News4 days agoNearly 20 Iranian tankers stranded off Lanka amid US sanctions

