Connect with us

Features

Human rights and US double standards

Published

on

By Daya Gamage

Foreign Service National Political Specialist (ret) U.S. Department of State

In November 2019, President Donald Trump granted clemency to three controversial US military figures charged with war crimes, arguing that such moves would give American troops “the confidence to fight” without worrying about potential legal repercussions. Two army officers were granted full pardons for the murder of Afghans. Trump also restored the rank of a special warfare operator who had been tried for a string of alleged war crimes. It was claimed that the criminal charges were an overreaction to actions taken in the chaos and confusion of battle. Such actions validate the widely-held view that the US does not hold itself to the same standards it tries to impose on them.

If Sri Lanka has an iota of dignity – I am not suggesting a free-for-all with Washington – it should make ‘some’ diplomatic moves on the basis of the following:

The American Service-Members Protection Act (ASPA) was an amendment to the 2002 Supplemental Appropriations Act (House Resolution 4775) passed in response to the 9/11 terrorist attacks and the launch of the so-called Global War on Terror. The ASPA aims to “protect U.S. military personnel and other elected and appointed officials of the Government against prosecution by an international criminal court to which the U.S. is not a party.” Among other defencive provisions the Act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the International Criminal Court (ICC) in The Hague. It even prohibits U.S. military aid to countries that are parties to the Court. In 2002, during the administration of Prime Minister Wickremesinghe, Sri Lanka signed with the U.S. an “Article 98 Agreement,” agreeing not to hand over U.S. nationals to the Court. This was done under pressure during the 2002-2004 ‘Peace Talks’ in which Secretary of State Gen. Colin Powel and his Deputy Richard Armitage were directly involved in lifting the terrorist/separatist LTTE on par with the legitimate government of Sri Lanka.

This shows the hypocrisy and double standards of Washington policymakers who, with no substantial data and evidence, relied on information furnished by an NGO to blacklist former Navy Commander, Admiral of the Fleet Wasantha Karannagoda.

In September 2009, four months after the conclusion of the Eelam War IV, the US Senate Appropriations Committee had mandated that the State Department prepare a report on possible war crimes committed during the final phase of the conflict during 2008-2009 in Sri Lanka. (It should be mentioned that when the ICC decided to send officials during the Trump administration to Washington to interview USG personnel on US atrocities in Afghanistan, USG suspended their visas and declared that the US was a sovereign nation for such interference). The report was completed in October despite acknowledged evidentiary limitations, but the allegations it uncovered of abuses by government officials defined thereafter the policy of the US and some EU countries toward the Government of Sri Lanka (GoSL). The report’s findings, based largely on hearsay, also created an atmosphere of credibility about human rights violations that was exploited for anti-Colombo propaganda by activist sections of the Tamil Diaspora. The US Ambassador-at-Large for War Crimes Issues articulated a double standard that was common in the US foreign policy establishment at that time. He acknowledged “that honestly in a conflict like that against the LTTE it was necessary to use very strong force to defeat a group that was committing horrendous crimes against the civilian population. But on the other hand, that action had to comply with the laws of war.” A democratic government, in other words, was held responsible to rules of warfare that autocratic insurgents were not, even though that would mean that the democratic government could be handicapped in defending its sovereignty, system of government, and domestic rule of law. Such accountability, of course, did not apply to the US.

These disgraceful double standards of Washington policymakers and lawmakers in dealing with Sri Lanka’s ‘national issues’ since the advent of the separatist war in the north in the 1980s are now very broadly dealt with by two personnel who worked within the U.S. Department of State for thirty years in the area of foreign affairs: One is this writer who is a retired Foreign Service National Political Specialist once accredited to the Political Section of the U.S. Embassy in Colombo, and the other, Dr. Robert K. Boggs, a retired Senior Foreign Service (FS) and Intelligence Officer who served as Political Counselor at the Colombo Diplomatic Mission and in many senior positions in the State Department in Washington. Their investigative work is still in progress. Their manuscript ‘Defending Democracy: Lessons in Strategic Diplomacy from U.S.-Sri Lankan Relations” is nearing completion with alarming disclosures, provocative analyses and interpretations based on their up-close and personal knowledge and understanding of Washington’s foreign policy trajectory in Sri Lanka – then and now – and how it used ‘double standards’ in handling its foreign relations with Sri Lanka reducing Sri Lanka to some level of a client state. Sri Lanka’s own infantile behaviour, ignorance of its own strengths and inarticulate manner in which it was handling foreign relations since the 1980s contributed too to become a subservient state allowing ‘national issues’ to become ‘global’ ones.

‘Moral Arbiter’

How can the US be a moral arbiter in the war against terrorism if it has never tried or prosecuted most of the Americans responsible for kidnappings, secret detentions and torture of suspects abroad after 9/11? Why has it so uncritically accepted the civilian casualty figures of international NGOs, however righteously motivated, regarding hostilities in Sri Lanka but consistently rejected them regarding its own collateral killings? And does the U.S. really believe that, because it tries sincerely to minimise harm to civilians, it is morally justified in pursuing tactics that inevitably will cause casualties among non-combatants? If so, do the compulsions of military tactics not similarly exonerate other governments fighting other groups recognised by the international community as terrorists? Are no allowances granted to military forces that do not have the U.S.’ access to precise overhead targeting intelligence and so-called precision weapons? If the U.S. can excuse itself from culpability for civilian deaths it causes in counterinsurgency operations in poor countries far from North America, are foreign governments not also excused for using their full offensive capabilities to defeat domestic terrorists posing immediate threats to their national integrity and democracy? Abuses by the United States do not excuse abuses by Sri Lanka, but U.S. abuses tarnish the U.S.’ moral authority, weaken U.S. claims to international leadership, provoke deep resentment of the U.S., and provoke even more anti-U.S. terrorism.

Contradictory position

Compounding its hypocrisy in Sri Lanka is the long US record of self-righteously shielding its own military from investigation by international human rights tribunals. Since 1986 the USG has adopted the contradictory position of supporting the rule of law in the international system by participating in litigation before the International Court of Justice (ICJ), but at the same time refusing to submit itself to the authority of the International Criminal Court (ICC) on the grounds that this would violate U.S. sovereignty. While Sri Lankan forces were fighting the LTTE, the US was unleashing massive amounts of firepower in Iraq that killed thousands of civilians. In Afghanistan the U.S. allied itself with, and thus strengthened, war lords and provincial officials with strong records as counterinsurgency fighters, but has ignored credible reports of these allies’ corruption and human rights abuses. At the same time, the U.S. has become increasingly reliant in its international campaign against extremism on air power, including armed drones that routinely injures and kills civilians. Yet in September 2018 the US National Security Advisor, John Bolton, threatened sanctions against the “illegitimate” ICC if it investigated credible allegations of war crimes by U.S. military and intelligence personnel in Afghanistan. In earlier diatribes against the ICC, Bolton reportedly acknowledged that the U.S. needed immunity because its use of torture, harsh imprisonment and some counterterrorist tactics constituted crimes under international law, which he dismissed.

At the time that the United States was pressuring Colombo to accept “national, international, and hybrid mechanisms to clarify the fate and whereabouts of the disappeared,” the USG had not itself ratified the UN convention of 2006 requiring state party to criminalise enforced disappearances and take steps to hold those responsible to account. Sri Lanka need not have ‘confronted’ the US, but it had no guts to question it. The US jointly with Sri Lanka during the Wickremesinghe-Sirisena regime presented the 30/1 Resolution in UNHRC in October 2015 for ‘hybrid’ commission.

Despite a resolution passed by the U.S. House of Representatives on November 19, 2020 calling on the USG to ratify the international convention, this still has not happened. The U.S.’ long history of rejecting accountability is strongly rooted in legislation.

Washington has used different standards for the legitimate administration in Sri Lanka which was combating a separatist-terrorist movement, and its overseas advocates, fundraisers and advisors. It needs to be stressed here that Washington ignored the atrocities committed by the Tamil Tigers. A democratic government was made to abide by the rules of warfare, but the terrorists were not required to do so. Such accountability, of course, did not apply to the US.

This point of view may have been based on a legal interpretation common in the past that if a state actor in an internal conflict is a party to international covenants of humanitarian law, the state actor needs to abide by the provisions ratified by the United Nations and is responsible for any violation of International Humanitarian Law (IHL). In contrast, if the opponent of the legally constituted government is an armed non-state actor (ANSA) and therefore not a signatory to international covenants, the general opinion was that it has no obligation to uphold the provisions. However, due to the growing number of internal armed conflicts that emerged over the years, the international community was forced to realize that new interpretations or legal instruments were needed to regulate non-international conflicts with non-state participants.

Common Article 3 of the Geneva Conventions, later Protocol II, several other treaties and customary law all deal with non- international armed conflicts. Neither the U.S. nor the GSL is a signatory of Protocol II, but both are parties to Article 3. The latter requires that each Party to a conflict in the territory of one of the High Contracting Parties is proscribed from a range of inhumane behaviours, including cruel treatment and torture, the taking of hostages, and extra-legal executions. Construed broadly, many of the provisions of the Article are applicable not only to the LTTE fighting cadre but also to non-combatants supporting them by fundraising, propaganda, legal counselling, and the like. If the USG were serious about accountability, it would call for surviving Tiger leaders and their international accessories to be tried in international courts. Any questions about the legality of such action in U.S. courts were resolved in June 2010, when the US Supreme Court upheld a federal law that makes it a crime to provide material support to foreign terrorist organisations, even if that help is itself not violent. Chief Justice John Roberts, writing for the majority, said the law’s prohibition on some types of intangible assistance to groups the State Department determines engage in terrorism does not violate the First Amendment to the U.S. Constitution.

Despite this growing body of support for legal action against non-state terrorists, the USG continues to target only the GSL for human rights violations.

In February 2020, for example, the USG announced sanctions against Sri Lankan military chief Lt. Gen. Shavendra Silva, who served as a division commander leading the final assault against the Tigers. At the end of April 2023, Admiral of the Fleet Wasantha Karannagoda was declared persona-non-grata in the United States by Washington. Secretary of State Mike Pompeo announced that the U.S. would impose individual sanctions against Gen. Silva, denying him and his family admittance to the U.S., “due to gross violations of human rights.” The State Department declared the same, imposing individual sanctions against Karannagoda. Nothing similar has been said or done with regard to the expatriate Tamils, now domiciled in Western countries, who served as advisors and agents to LTTE leader Prabhakaran and his top lieutenants.

In June 2010 the US Supreme Court upheld the federal law criminalizing material support to foreign terrorist organisations in a case brought by the LTTE and the Kurdish PKK, contesting their designations as FTOs. In its written opinion the Court stated, inter alia, that:

“The PKK and the LTTE are deadly groups. It is not difficult to conclude, as Congress did, that the taint of their violent activities is so great that working in coordination with them or at their command legitimises and furthers their terrorist means. Moreover, material support meant to promote peaceable, lawful conduct can be diverted to advance terrorism in multiple ways. The record shows that designated foreign terrorist organisations do not maintain organisational firewalls between social, political, and terrorist operations, or financial firewalls between funds raised for humanitarian activities and those used to carry out terrorist attacks. Providing material support in any form would also undermine cooperative international efforts to prevent terrorism and strain the United States’ relationships with its allies, including those that are defending themselves against violent insurgencies waged by foreign terrorist groups.”

It is clear from the foregoing that the USG has the legal tools to pursue its own residents and citizens who helped to defend and empower the LTTE. Unfortunately, despite more than a decade of efforts to pressure the GSL to accept accountability for war crimes committed by its forces, the USG has not taken commensurate steps to pursue accountability for LTTE supporters at home. There are believed to be thousands of former LTTE activists living safely in the US, Canada, and Europe who have never had to face justice for their roles in enabling more than two decades of vicious crimes and human rights abuses. Many continue to use their foreign domiciles as platforms from which to militate for a separate Tamil homeland and to demonise the Colombo government. Had the USG, coordinating with its law enforcement partners internationally, worked to disable the LTTE’s support network during the war, it could have contributed to a negotiated settlement or at least saved countless lives.

A high-profile example of an expatriate activist in the U.S. is Visvanathan Rudrakumaran, who, according to his own website, served during the war as “international legal advisor to Prabhakaran and in-charge of [the LTTE’s] international and diplomatic affairs.”

This writer and his co-author have gone deep into this issue of Washington’s faulty foreign relations and the blatant double standards when dealing with Sri Lanka. Similarly, we have unearthed how Sri Lanka, since the 1980s, has failed not only to defend herself but her inability to make Washington policymakers and lawmakers conversant with the ground situation. In these series of articles, this writer expects professionals and erudite parliamentarians to bring these matters for public debate even now.

(The writer Daya Gamage is a retired Foreign Service National Political Specialist of the U.S. Department of State once accredited to the Political Section of the U.S. Embassy in Colombo)



Features

The hollow recovery: A stagnant industry – Part I

Published

on

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.)

Continue Reading

Features

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

Published

on

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

Continue Reading

Features

Constitutional Council and the President’s Mandate

Published

on

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

Continue Reading

Trending