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Energy, EVs, environment and economy

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by M. Rizwan Muzzammil

According to an article in ‘The Diplomat’ (2nd Oct., 23), the Sri Lankan government has committed to supplying 70% of its domestic electricity, with renewable energy sources, by 2030, with the longer-term goal of achieving a fully renewable electricity supply by 2050. The government is incentivised by “debt-for-renewables swap”, which enables heavily indebted countries to restructure a portion of their external debt on to more favourable terms in exchange for environmental commitments.

In addition, a strong push is observed for fully electric vehicles (EVs) with incentives on offer.

In general, the public opinion on these environmental developments is likely to be positive. On a global level, the environment is a hot topic, with climate change, carbon dioxide emissions, EVs, and sustainable growth occupying the minds of many policy-makers.

It is now widely accepted that fossil fuels (oil, coal and natural gas) negatively impact the environment by causing climate change through carbon dioxide emissions.

For these reasons, renewable energies and achieving ‘net zero emissions,’ through EVs, is considered to be a top priority. This is required to happen even at the expense of economic growth, which is deemed to be detrimental for the Earth’s resources.

However, some research on this topic shows that the situation is more nuanced than what may first seem apparent. The author presents some arguments for the reader’s consideration and references material from the books ‘Fossil Future’ (2022) by Alex Epstein and ‘In Defense of Capitalism’ (2023) by Rainer Zitelmann. The reader is encouraged to refer to these books for more details.

Fossil fuels

In ‘Fossil Future’ Epstein, notes that cheap and reliable energy is needed to keep people warm when it is too cold, and cool when it is too warm. It is used to build shelter, to transport food and resources, for manufacturing and many other applications essential for human flourishing.

Fossil fuels are a cheap and reliable energy source and have been a major reason for the rapid development of economies around the world. As a direct result of fossil fuels large human populations have been saved from tremendous hardship, starvation and poverty.

Epstein points out that much of the present-day narrative on fossil fuels overly focuses on the negatives while ignoring the tremendous positives. Despite the efforts at improving renewable energy technologies, mainly solar and wind, they are still at present no substitute for fossil fuels as a cheap and reliable energy source.

Although climate change is a problem, fossil fuels can be used to protect, mitigate and adapt to its adverse effects, which are predicted to occur gradually over a manageable period of time.

EVs

The push for EVs is a substantial step from the now common semi-electric hybrids. Hybrid vehicles are a well-tested means of transport, and there is much experience in the market with regards to the repair and safety of such vehicles (the Prius is now in its 25th year). However, the problems related to the mass adoption of EVs are still not widely understood. Some examples are:

Due to the presence of the battery, EVs are about 30% heavier, compared to ordinary vehicles. In the event of a collision between an EV and ordinary vehicle, the latter is likely to suffer disproportionately more damage, and passengers more likely to be injured. In addition, multi-story carparks, bridges and highways may need to be reinforced to take on the increased vehicle weights.

Furthermore, EVs that have been involved in accidents can sustain damage to the battery. A chemical leak could result, leading to toxic contaminations and fires, requiring specialized equipment to manage. Emergency response units may need to be properly equipped to deal with such problems.

The charging of EVs may also require an upgrade to the electric grid and household wiring, so that higher electric loads can be handled. In the US State of California, gasoline cars are to be banned for sale by 2035. In order to manage the electric loads on the grid, consumers will be required to charge their vehicles only at certain times of the day. For a developing country like Sri Lanka managed charge times may prove to be a hindrance to economic growth.

Earth’s resources are finite

Many who are concerned about the environment believe that economic growth is problematic. This is because Earth’s raw materials are finite and therefore infinite growth is impossible.

In ‘In Defense of Capitalism’, Zitelmann points out that despite finite raw materials, the correlation between economic growth and resource consumption is becoming ever weaker in the modern era.

Companies are constantly looking for new ways to produce more efficiently with less raw materials. They do this not mainly to protect the environment but rather to cut costs and increase profit. The resulting innovation has promoted a trend called miniaturization.

Zitelmann gives the example of the smartphone, which has now replaced many devices. A basic smartphone now contains a calculator, telephone, video camera, alarm clock, voice recorder, navigation system, maps, camera, mp3 player (replacing cassette or CD player), compass, answering machine, scanner, measuring tape, radio, torch, calendar, encyclopedia, dictionary, foreign language dictionaries, address book, etc. Therefore, the answer to the limited resources problem is more complex than what seems obvious.

What does it really cost?

The push for renewables and EVs is a government initiative, i.e. a form of central planning, and not driven by free-markets. This push is incentivized or subsidized by taxpayer money. This implies that consumers in a free market would reject such solutions absent these incentives, as the true price would be unpalatable.

The masking of the true price is a concern for the general health of the economy. If we consider the general Sri Lankan economic crisis, it can be summed up by saying that the people did not know the true costs of what they consumed, either because it was taxpayer subsidized by debt and money printing (inflation), or the dollar value was manipulated by the Central Bank. Had they known the true cost it is entirely likely that Sri Lankans would have consumed within their means and the crisis never happened.

All government plans must happen by legislative incentives or subsidies. Despite the evils this is considered acceptable because it is widely believed the health of the environment cannot be left to free-markets.

But history informs us otherwise. Zitelmann points out that environmental degradation has been a far more serious problem in centrally planned countries. This despite these same countries often claiming (sometimes boastfully) the environment to be of primary importance.

The example of the Soviet Union

Consider the former USSR. In 1990, Zhores Medvedev noted: “The Soviet Union has lost more pasture and agricultural land to radioactive contamination than the total acreage of cultivated land in Switzerland. More land has been flooded by hydroelectric dams than the total area of Netherlands. More land was lost between 1960 and 1989 through salinization, changes in the water table, and dust and salt storms than the total areas of cultivated land in Ireland and Belgium put together. Amidst acute food shortages, the total acreage of cultivated land has declined by one million hectares a year since 1975. The Soviet Union is losing its forests at the same rate as rainforests are disappearing in Brazil.

In Uzbekistan and Moldavia, chemical poisoning with pesticides has led to such high rates of mental retardation that the educational curricula in secondary schools and universities have had to be modified and simplified.” In the book, Ecocide in the USSR (1992), Feshbach and Friendly Jr. say “no other industrial civilization so systematically and so long poisoned its land, air, and people.”

Private property as a solution

In general, countries which have socialist governments have often ended up with grossly mismanaged environments. Nearer to home India is a good example. The Sri Lankan environment also leaves much to be desired.

But why does this happen? Zitelmann, refers to the German economist Polleit, who states “By monopolizing legislation and jurisdiction, states have been the originators of many environmental problems:”For example, by allowing companies and consumers to dump pollutants on roads and into rivers, oceans, and the air at no cost. Often, this practice is justified on the basis of the ‘common good,’ which places the rights of polluters above the rights of the aggrieved (property owners). For example, owners of property located near an airport must endure increasing aircraft noise without being compensated by the airport operator.”

Thus, the problem occurs fundamentally due to property ownership, namely, the government being the owner and manager of natural resources, and doing a poor job of it due to the lack of market incentives.

A solution to this could be to privatise natural resources as far as possible. This could include land, roads, rivers and even ocean segments. Since the resources will have market value, the owners would be scrupulous in ensuring that they are in no way damaged by others. Anyone responsible for damaging property would be held accountable. Problems such as air and noise pollution could also be dealt with in this way.

A perfect solution is unlikely, but the protection of private property is a well understood concept and likely to yield better results compared to a government solution.

In fact, the most environmentally clean nations are those that are most economically free with more private property. Zitelmann reviews three research indexes: Yale University’s Environmental Performance Index (EPI), The Heritage Foundations ‘Index of Economic Freedom’ and the ‘Open Market Index’ (OMI) and finds close positive correlations between economic growth, free-markets and the environment.

Another study, ‘Is Free Trade Good for the Environment?’’ by Antweiler et al, found that if openness to international markets raises output and income by 1%, pollution concentrations fall by about 1%. The study goes on to say, “At an early stage of a country’s economic growth, a high level of environmental degradation is observed, while, after a critical point of economic growth, a gradual decline in environmental degradation is reported.”

Conclusions

The historical evidence and research show that a centrally planned approach to protecting the environment tends to backfire and not achieve intended goals. The Sri Lankan government could effect better outcomes by relaxing import controls to improve innovation (anyway upcoming), removing subsidies and incentives, and privatizing energy producers and other natural resources as much as possible. Sri Lankans could be better served by deciding for themselves what vehicle or energy or environment is best suited for their needs without incentives or subsidies.

The writer, a civil engineer, resides in Singapore. He can be reached on write2rizwan.m@gmail.com. His previous published articles can be viewed on rizwanmuzzammil.substack.com



Features

The hollow recovery: A stagnant industry – Part I

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The headlines are seductive: 2.36 million tourists in 2025, a new “record.” Ministers queue for photo opportunities. SLTDA releases triumphant press statements. The narrative is simple: tourism is “back.”

But scratch beneath the surface and what emerges is not a success story but a cautionary tale of an industry that has mistaken survival for transformation, volume for value, and resilience for strategy.

Problem Diagnosis: The Mirage of Recovery

Yes, Sri Lanka welcomed 2.36 million tourists in 2025, marginally above the 2.33 million recorded in 2018. This marks a full recovery from the consecutive disasters of the Easter attacks (2019), COVID-19 (2020-21), and the economic collapse (2022). The year-on-year growth looks impressive: 15.1% above 2024’s 2.05 million arrivals.

But context matters. Between 2018 and 2023, arrivals collapsed by 36.3%, bottoming out at 1.49 million. The subsequent “rebound” is simply a return to where we were seven years ago, before COVID, before the economic crisis, even before the Easter attacks. We have spent six years clawing back to 2018 levels while competitors have leaped ahead.

Consider the monthly data. In 2023, January arrivals were just 102,545, down 57% from January 2018’s 238,924. By January 2025, arrivals reached 252,761, a dramatic 103% jump over 2023, but only 5.8% above the 2018 baseline. This is not growth; it is recovery from an artificially depressed base. Every month in 2025 shows the same pattern: strong percentage gains over the crisis years, but marginal or negative movement compared to 2018.

The problem is not just the numbers, but the narrative wrapped around them. SLTDA’s “Year in Review 2025” celebrates the 15.6% first-half increase without once acknowledging that this merely restores pre-crisis levels. The “Growth Scenarios 2025” report projects arrivals between 2.4 and 3.0 million but offers no analysis of what kind of tourism is being targeted, what yield is expected, or how market composition will shift. This is volume-chasing for its own sake, dressed up as strategic planning.

Comparative Analysis: Three Decades of Standing Still

The stagnation becomes stark when placed against Sri Lanka’s closest island competitors. In the mid-1990s, Sri Lanka, the Maldives, started from roughly the same base, around 300,000 annual arrivals each. Three decades later:

Sri Lanka: From 302,000 arrivals (1996) to 2.36 million (2025), with $3.2 billion

Maldives: From 315,000 arrivals (1995) to 2.25 million (2025), with $5.6 billion

The raw numbers obscure the qualitative difference. The Maldives deliberately crafted a luxury, high-yield model: one-island-one-resort zoning, strict environmental controls, integrated resorts layered with sustainability credentials. Today, Maldivian tourism generates approximately $5.6 billion from 2 million tourists, an average of $2,800 per visitor. The sector represents 21% of GDP and generates nearly half of government revenue.

Sri Lanka, by contrast, has oscillated between slogans, “Wonder of Asia,” “So Sri Lanka”, without embedding them in coherent policy. We have no settled model, no consensus on what kind of tourism we want, and no institutional memory because personnel and priorities change with every government. So, we match or slightly exceed competitors in arrivals, but dramatically underperform in revenue, yield, and structural resilience.

Root Causes: Governance Deficit and Policy Failure

The stagnation is not accidental; it is manufactured by systemic governance failures that successive governments have refused to confront.

1. Policy Inconsistency as Institutional Culture

Sri Lanka has rewritten its Tourism Act and produced multiple master plans since 2005. The problem is not the absence of strategy documents but their systematic non-implementation. The National Tourism Policy approved in February 2024 acknowledges that “policies and directions have not addressed several critical issues in the sector” and that there was “no commonly agreed and accepted tourism policy direction among diverse stakeholders.”

This is remarkable candor, and a damning indictment. After 58 years of organised tourism development, we still lack policy consensus. Why? Because tourism policy is treated as political property, not national infrastructure. Changes in government trigger wholesale personnel changes at SLTDA, Tourism Ministry, and SLTPB. Institutional knowledge evaporates. Priorities shift with ministerial whims. Therefore, operators cannot plan, investors cannot commit, and the industry lurches from crisis response to crisis response without building structural resilience.

2. Fragmented Institutional Architecture

Tourism responsibilities are scattered across the Ministry of Tourism, Sri Lanka Tourism Development Authority (SLTDA), Sri Lanka Tourism Promotion Bureau (SLTPB), provincial authorities, and an ever-expanding roster of ad hoc committees. The ADB’s 2024 Tourism Sector Diagnostics bluntly notes that “governance and public infrastructure development of tourism in Sri Lanka is fragmented and hampered.”

No single institution owns yield. No one is accountable for net foreign exchange contribution after leakages. Quality standards are unenforced. The tourism development fund, 1% of the tourism levy plus embarkation taxes, is theoretically allocated 70% to SLTPB for global promotion, but “lengthy procurement and approval processes” render it ineffective.

Critically, the current government has reportedly scrapped sophisticated data analytics programmes that were finally giving SLTDA visibility into spending patterns, high-yield segments, and tourist movement. According to industry reports in late 2025, partnerships with entities like Mastercard and telecom data analytics have been halted, forcing the sector to fly blind precisely when data-driven decision-making is essential.

3. Infrastructure Deficit and Resource Misallocation

The Bandaranaike International Airport Development Project, essential for handling projected tourist volumes, has been repeatedly delayed. Originally scheduled for completion years ago, it is now re-tendered for 2027 delivery after debt restructuring. Meanwhile, tourists in late 2025 faced severe congestion at BIA, with reports of near-miss flights due to immigration and check-in bottlenecks.

At cultural sites, basic facilities are inadequate. Sigiriya, which generates approximately 25% of cultural tourist traffic and charges $36 per visitor, lacks adequate lighting, safety measures, and emergency infrastructure. Tourism associations report instances of tourists being attacked by wild elephants with no effective safety protocols.

SLTDA Chairman statements acknowledge “many restrictions placed on incurring capital expenditure” and “embargoes placed not only on tourism but all Government institutions.” The frank admission: we lack funds to maintain the assets that generate revenue. This is governance failure in its purest form, allowing revenue-generating infrastructure to decay while chasing arrival targets.

The Stop-Go Trap: Volatility as Business Model

What truly differentiates Sri Lanka from competitors is not arrival levels but the pattern: extreme stop-go volatility driven by crisis and short-term stimulus rather than steady, strategic growth.

After each shock, the industry is told to “bounce back” without being given the tools to build resilience. The rebound mechanism is consistent: currency depreciation makes Sri Lanka “affordable,” operators discount aggressively to fill rooms, and visa concessions attract price-sensitive segments. Arrivals recover, until the next shock.

This is not how a strategic export industry operates. It is how a shock-absorber behaves, used to plug forex and fiscal holes after each policy failure, then left exposed again.

The monthly 2023-2025 data illustrate the cycle perfectly. Between January 2018 and January 2023, arrivals fell 57%. The “recovery” to January 2025 shows a 103% jump over 2023, but this is bounce-back from an artificially depressed base, not structural transformation. By September 2025, growth rates normalize into the teens and twenties, catch-up to a benchmark set six years earlier.

Why the Boom Feels Like Stagnation

Industry operators report a disconnect between headline numbers and ground reality. Occupancy rates have improved to the high-60% range, but margins remain below 2018 levels. Why?

Because input costs, energy, food, debt servicing, have risen faster than room rates. The rupee’s collapse makes Sri Lanka look “affordable” to foreigners, but it quietly transfers value from domestic suppliers and workers to foreign visitors and lenders. Hotels fill rooms at prices that barely cover costs once translated into hard currency and adjusted for inflation.

Growth is fragile and concentrated. Europe and Asia-Pacific account for over 92% of arrivals. India alone provides 20.7% of visitors in H1 2025, and as later articles in this series will show, this is a low-yield, short-stay segment. We have built recovery on market concentration and price competition, not on product differentiation or yield optimization.

There is no credible long-term roadmap. SLTDA’s projections focus almost entirely on volumes. There is no public discussion of receipts-per-visitor targets, market composition strategies, or institutional reforms required to shift from volume to value.

The Way Forward: From Arrivals Theater to Strategic Transformation

The path out of stagnation requires uncomfortable honesty and political courage that has been systematically absent.

First, abandon arrivals as the primary success metric. Tourism contribution to economic recovery should be measured by net foreign exchange contribution after leakages, employment quality (wages, stability), and yield per visitor, not by how many planes land.

Second, establish institutional continuity. Depoliticize relevant leaderships. Implement fixed terms for key personnel insulated from political cycles. Tourism is a 30-year investment horizon; it cannot be managed on five-year electoral cycles.

Third, restore data infrastructure. Reinstate the analytics programs that track spending patterns and identify high-yield segments. Without data, we are flying blind, and no amount of ministerial optimism changes that.

Fourth, allocate resources to infrastructure. The tourism development fund exists, use it. Online promotions, BIA expansion, cultural site upgrades, last-mile connectivity cannot wait for “better fiscal conditions.” These assets generate the revenue that funds their own maintenance.

Resilience without strategy is stagnation with momentum. And stagnation, however energetically celebrated, remains stagnation.

If policymakers continue to mistake arrivals for achievement, Sri Lanka will remain trapped in a cycle: crash, discount, recover, repeat. Meanwhile, competitors will consolidate high-yield models, and we will wonder why our tourism “boom” generates less cash, less jobs, and less development than it should.

(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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The call for review of reforms in education: discussion continues …

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PM Harini Amarasuriya

The hype around educational reforms has abated slightly, but the scandal of the reforms persists. And in saying scandal, I don’t mean the error of judgement surrounding a misprinted link of an online dating site in a Grade 6 English language text book. While that fiasco took on a nasty, undeserved attack on the Minister of Education and Prime Minister Harini Amarasuriya, fundamental concerns with the reforms have surfaced since then and need urgent discussion and a mechanism for further analysis and action. Members of Kuppi have been writing on the reforms the past few months, drawing attention to the deeply troubling aspects of the reforms. Just last week, a statement, initiated by Kuppi, and signed by 94 state university teachers, was released to the public, drawing attention to the fundamental problems underlining the reforms https://island.lk/general-educational-reforms-to-what-purpose-a-statement-by-state-university-teachers/. While the furore over the misspelled and misplaced reference and online link raged in the public domain, there were also many who welcomed the reforms, seeing in the package, a way out of the bottle neck that exists today in our educational system, as regards how achievement is measured and the way the highly competitive system has not helped to serve a population divided by social class, gendered functions and diversities in talent and inclinations. However, the reforms need to be scrutinised as to whether they truly address these concerns or move education in a progressive direction aimed at access and equity, as claimed by the state machinery and the Minister… And the answer is a resounding No.

The statement by 94 university teachers deplores the high handed manner in which the reforms were hastily formulated, and without public consultation. It underlines the problems with the substance of the reforms, particularly in the areas of the structure of education, and the content of the text books. The problem lies at the very outset of the reforms, with the conceptual framework. While the stated conceptualisation sounds fancifully democratic, inclusive, grounded and, simultaneously, sensitive, the detail of the reforms-structure itself shows up a scandalous disconnect between the concept and the structural features of the reforms. This disconnect is most glaring in the way the secondary school programme, in the main, the junior and senior secondary school Phase I, is structured; secondly, the disconnect is also apparent in the pedagogic areas, particularly in the content of the text books. The key players of the “Reforms” have weaponised certain seemingly progressive catch phrases like learner- or student-centred education, digital learning systems, and ideas like moving away from exams and text-heavy education, in popularising it in a bid to win the consent of the public. Launching the reforms at a school recently, Dr. Amarasuriya says, and I cite the state-owned broadside Daily News here, “The reforms focus on a student-centered, practical learning approach to replace the current heavily exam-oriented system, beginning with Grade One in 2026 (https://www.facebook.com/reel/1866339250940490). In an address to the public on September 29, 2025, Dr. Amarasuriya sings the praises of digital transformation and the use of AI-platforms in facilitating education (https://www.facebook.com/share/v/14UvTrkbkwW/), and more recently in a slightly modified tone (https://www.dailymirror.lk/breaking-news/PM-pledges-safe-tech-driven-digital-education-for-Sri-Lankan-children/108-331699).

The idea of learner- or student-centric education has been there for long. It comes from the thinking of Paulo Freire, Ivan Illyich and many other educational reformers, globally. Freire, in particular, talks of learner-centred education (he does not use the term), as transformative, transformative of the learner’s and teacher’s thinking: an active and situated learning process that transforms the relations inhering in the situation itself. Lev Vygotsky, the well-known linguist and educator, is a fore runner in promoting collaborative work. But in his thought, collaborative work, which he termed the Zone of Proximal Development (ZPD) is processual and not goal-oriented, the way teamwork is understood in our pedagogical frameworks; marks, assignments and projects. In his pedagogy, a well-trained teacher, who has substantial knowledge of the subject, is a must. Good text books are important. But I have seen Vygotsky’s idea of ZPD being appropriated to mean teamwork where students sit around and carry out a task already determined for them in quantifying terms. For Vygotsky, the classroom is a transformative, collaborative place.

But in our neo liberal times, learner-centredness has become quick fix to address the ills of a (still existing) hierarchical classroom. What it has actually achieved is reduce teachers to the status of being mere cogs in a machine designed elsewhere: imitative, non-thinking followers of some empty words and guide lines. Over the years, this learner-centred approach has served to destroy teachers’ independence and agency in designing and trying out different pedagogical methods for themselves and their classrooms, make input in the formulation of the curriculum, and create a space for critical thinking in the classroom.

Thus, when Dr. Amarasuriya says that our system should not be over reliant on text books, I have to disagree with her (https://www.newsfirst.lk/2026/01/29/education-reform-to-end-textbook-tyranny ). The issue is not with over reliance, but with the inability to produce well formulated text books. And we are now privy to what this easy dismissal of text books has led us into – the rabbit hole of badly formulated, misinformed content. I quote from the statement of the 94 university teachers to illustrate my point.

“The textbooks for the Grade 6 modules . . . . contain rampant typographical errors and include (some undeclared) AI-generated content, including images that seem distant from the student experience. Some textbooks contain incorrect or misleading information. The Global Studies textbook associates specific facial features, hair colour, and skin colour, with particular countries and regions, and refers to Indigenous peoples in offensive terms long rejected by these communities (e.g. “Pygmies”, “Eskimos”). Nigerians are portrayed as poor/agricultural and with no electricity. The Entrepreneurship and Financial Literacy textbook introduces students to “world famous entrepreneurs”, mostly men, and equates success with business acumen. Such content contradicts the policy’s stated commitment to “values of equity, inclusivity and social justice” (p. 9). Is this the kind of content we want in our textbooks?”

Where structure is concerned, it is astounding to note that the number of subjects has increased from the previous number, while the duration of a single period has considerably reduced. This is markedly noticeable in the fact that only 30 hours are allocated for mathematics and first language at the junior secondary level, per term. The reduced emphasis on social sciences and humanities is another matter of grave concern. We have seen how TV channels and YouTube videos are churning out questionable and unsubstantiated material on the humanities. In my experience, when humanities and social sciences are not properly taught, and not taught by trained teachers, students, who will have no other recourse for related knowledge, will rely on material from controversial and substandard outlets. These will be their only source. So, instruction in history will be increasingly turned over to questionable YouTube channels and other internet sites. Popular media have an enormous influence on the public and shapes thinking, but a well formulated policy in humanities and social science teaching could counter that with researched material and critical thought. Another deplorable feature of the reforms lies in provisions encouraging students to move toward a career path too early in their student life.

The National Institute of Education has received quite a lot of flak in the fall out of the uproar over the controversial Grade 6 module. This is highlighted in a statement, different from the one already mentioned, released by influential members of the academic and activist public, which delivered a sharp critique of the NIE, even while welcoming the reforms (https://ceylontoday.lk/2026/01/16/academics-urge-govt-safeguard-integrity-of-education-reforms). The government itself suspended key players of the NIE in the reform process, following the mishap. The critique of NIE has been more or less uniform in our own discussions with interested members of the university community. It is interesting to note that both statements mentioned here have called for a review of the NIE and the setting up of a mechanism that will guide it in its activities at least in the interim period. The NIE is an educational arm of the state, and it is, ultimately, the responsibility of the government to oversee its function. It has to be equipped with qualified staff, provided with the capacity to initiate consultative mechanisms and involve panels of educators from various different fields and disciplines in policy and curriculum making.

In conclusion, I call upon the government to have courage and patience and to rethink some of the fundamental features of the reform. I reiterate the call for postponing the implementation of the reforms and, in the words of the statement of the 94 university teachers, “holistically review the new curriculum, including at primary level.”

(Sivamohan Sumathy was formerly attached to the University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Sivamohan Sumathy

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Constitutional Council and the President’s Mandate

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A file photo of a Constitutional Council meeting

The Constitutional Council stands out as one of Sri Lanka’s most important governance mechanisms particularly at a time when even long‑established democracies are struggling with the dangers of executive overreach. Sri Lanka’s attempt to balance democratic mandate with independent oversight places it within a small but important group of constitutional arrangements that seek to protect the integrity of key state institutions without paralysing elected governments.  Democratic power must be exercised, but it must also be restrained by institutions that command broad confidence. In each case, performance has been uneven, but the underlying principle is shared.

 Comparable mechanisms exist in a number of democracies. In the United Kingdom, independent appointments commissions for the judiciary and civil service operate alongside ministerial authority, constraining but not eliminating political discretion. In Canada, parliamentary committees scrutinise appointments to oversight institutions such as the Auditor General, whose independence is regarded as essential to democratic accountability. In India, the collegium system for judicial appointments, in which senior judges of the Supreme Court play the decisive role in recommending appointments, emerged from a similar concern to insulate the judiciary from excessive political influence.

 The Constitutional Council in Sri Lanka  was developed to ensure that the highest level appointments to the most important institutions of the state would be the best possible under the circumstances. The objective was not to deny the executive its authority, but to ensure that those appointed would be independent, suitably qualified and not politically partisan. The Council is entrusted with oversight of appointments in seven critical areas of governance. These include the judiciary, through appointments to the Supreme Court and Court of Appeal, the independent commissions overseeing elections, public service, police, human rights, bribery and corruption, and the office of the Auditor General.

JVP Advocacy

 The most outstanding feature of the Constitutional Council is its composition. Its ten members are drawn from the ranks of the government, the main opposition party, smaller parties and civil society. This plural composition was designed to reflect the diversity of political opinion in Parliament while also bringing in voices that are not directly tied to electoral competition. It reflects a belief that legitimacy in sensitive appointments comes not only from legal authority but also from inclusion and balance.

 The idea of the Constitutional Council was strongly promoted around the year 2000, during a period of intense debate about the concentration of power in the executive presidency. Civil society organisations, professional bodies and sections of the legal community championed the position that unchecked executive authority had led to abuse of power and declining public trust. The JVP, which is today the core part of the NPP government, was among the political advocates in making the argument and joined the government of President Chandrika Bandaranaike Kumaratunga on this platform.

 The first version of the Constitutional Council came into being in 2001 with the 17th Amendment to the Constitution during the presidency of Chandrika Bandaranaike Kumaratunga. The Constitutional Council functioned with varying degrees of effectiveness. There were moments of cooperation and also moments of tension. On several occasions President Kumaratunga disagreed with the views of the Constitutional Council, leading to deadlock and delays in appointments. These experiences revealed both the strengths and weaknesses of the model.

 Since its inception in 2001, the Constitutional Council has had its ups and downs. Successive constitutional amendments have alternately weakened and strengthened it. The 18th Amendment significantly reduced its authority, restoring much of the appointment power to the executive. The 19th Amendment reversed this trend and re-established the Council with enhanced powers. The 20th Amendment again curtailed its role, while the 21st Amendment restored a measure of balance. At present, the Constitutional Council operates under the framework of the 21st Amendment, which reflects a renewed commitment to shared decision making in key appointments.

 Undermining Confidence

 The particular issue that has now come to the fore concerns the appointment of the Auditor General. This is a constitutionally protected position, reflecting the central role played by the Auditor General’s Department in monitoring public spending and safeguarding public resources. Without a credible and fearless audit institution, parliamentary oversight can become superficial and corruption flourishes unchecked. The role of the Auditor General’s Department is especially important in the present circumstances, when rooting out corruption is a stated priority of the government and a central element of the mandate it received from the electorate at the presidential and parliamentary elections held in 2024.

 So far, the government has taken hitherto unprecedented actions to investigate past corruption involving former government leaders. These actions have caused considerable discomfort among politicians now in the opposition and out of power.  However, a serious lacuna in the government’s anti-corruption arsenal is that the post of Auditor General has been vacant for over six months. No agreement has been reached between the government and the Constitutional Council on the nominations made by the President. On each of the four previous occasions, the nominees of the President have failed to obtain its concurrence.

 The President has once again nominated a senior officer of the Auditor General’s Department whose appointment was earlier declined by the Constitutional Council. The key difference on this occasion is that the composition of the Constitutional Council has changed. The three representatives from civil society are new appointees and may take a different view from their predecessors. The person appointed needs to be someone who is not compromised by long years of association with entrenched interests in the public service and politics. The task ahead for the new Auditor General is formidable. What is required is professional competence combined with moral courage and institutional independence.

 New Opportunity

 By submitting the same nominee to the Constitutional Council, the President is signaling a clear preference and calling it to reconsider its earlier decision in the light of changed circumstances. If the President’s nominee possesses the required professional qualifications, relevant experience, and no substantiated allegations against her, the presumption should lean toward approving the appointment. The Constitutional Council is intended to moderate the President’s authority and not nullify it.

 A consensual, collegial decision would be the best outcome. Confrontational postures may yield temporary political advantage, but they harm public institutions and erode trust. The President and the government carry the democratic mandate of the people; this mandate brings both authority and responsibility. The Constitutional Council plays a vital oversight role, but it does not possess an independent democratic mandate of its own and its legitimacy lies in balanced, principled decision making.

 Sri Lanka’s experience, like that of many democracies, shows that institutions function best when guided by restraint, mutual respect, and a shared commitment to the public good. The erosion of these values elsewhere in the world demonstrates their importance. At this critical moment, reaching a consensus that respects both the President’s mandate and the Constitutional Council’s oversight role would send a powerful message that constitutional governance in Sri Lanka can work as intended.

by Jehan Perera

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