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Issues Sri Lanka should take up with New Delhi

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President Dissanayake’s forthcoming visit to India:

by Neville Ladduwahetty

It has been reported that President Anura Kumara Dissanayake is due to visit India during the latter part of December.  He and Indian Prime Minister Narendra Modi are expected to have talks on grant assistance projects from India, debt restructuring, people centric digitisation (identity cards, for instance), finality of the Economic and Technological Co-operation Agreement (ECTA), housing projects from India, solar electrification of religious places, agricultural development, defence cooperation, infrastructure development in the North and collaboration in human resource development.    President Dissanayake is expected to raise with Premier Modi the issue of Indian fishermen fishing in Sri Lanka’s territorial waters” (Sunday Times, December 1, 2024).

It is clear from the foregoing report that the scale and scope of India’s agenda overwhelmingly outweighs Sri Lanka’s agenda that is limited to a single issue, namely, “Indian fishermen fishing in Sri Lanka’s territorial waters”.    Notwithstanding this serious imbalance, Sri Lanka could gain considerable mileage by expanding the scope of this single issue in its agenda to two issues that would make a significant impact not only to Sri Lanka’s security and its national interests but also to the wellbeing of the Sri Lankan fishing community.

The two issues are as follows:

1   Reparations for the damages inflicted on Sri Lanka’s marine resources by bottom trawling and the loss of revenue and wellbeing to Sri Lanka and its fishing community over decades.

2   The need to revisit existing maritime boundaries agreed to between India and Sri Lanka, which are based on historical practices and instead, establish fresh Maritime Boundaries based on International law recognized by the International Court of Justice (ICJ) relating to International Boundaries.

These two issues are interlinked because it is the determination of the international boundary, based on International Law, that becomes the basis to establish claims for Reparations. Therefore, it is only by establishing the location of the International Boundary, based on a judgment by the ICJ, that lawful assessment of the claim for Reparations could be established.

THE BACKGROUND

One of the issues that was of significant concern to Sri Lanka and India in the early 1970s was the “ownership” of the island of Katchativu since it was pivotal to the establishment of the maritime boundary between the two countries.  This issue was resolved with the signing of the 1974 Agreement by the Prime Ministers of Sri Lanka and India and revised in 1976. However, since these Agreements are based on traditional practices of citizens in both countries and, therefore, had “no legal resolution of ownership” (MDD Peiris, November 24, 2024), at the operational level, adherence to the obligations in the Agreements are fluid. Consequently, the ceding of Katchativu by India to Sri Lanka as per the Agreements is considered by India to be an act of treachery; even Prime Minister Modi is of a similar view.

As long as such perspectives persist at the highest level in India, attempting to resolve these contentious issues through dialogue is a futile exercise even if the highest level is committed to policies such as “Neighbourhood First”. Therefore, the only option for Sri Lanka and India, as members of the UN Charter, is to jointly or separately refer the matter to the ICJ for a legal resolution of all issues involved, if there is to any justice under the policy of “Neighbourhood First”, for it to mean what it states and not India First in the neighbourhood.

REPARATIONS for VIOLATING SOVEREIGN RIGHTS  

According to the UN Convention on the Law of the Sea (Article 56) the exploring, exploiting, conserving and managing living and non-living natural resources of a Coastal State within its Exclusive Economic Zone (EEZ) is a sovereign right.    Despite this, thousands of trawlers from India enter Sri Lanka’s EEZ and not only exploit its resources but also destroy marine resources by resorting to bottom trawling, evidence of which abound.

In a United Nations-Nippon Foundation of Japan Fellowship Programme of 2016, Aruna Maheepala claims: “There are over 5,000 mechanised trawlers in Tamil Nadu and nearly 2,500 of them enter Sri Lankan waters on Mondays, Wednesdays and Saturdays and often coming at 500 m of the shoreline (emphasis added) … More than 50,000 marine fishers live in the Northern fisheries districts (Jaffna, Kiliinochchi, Mannar, Mulative), which is around one fourth of the marine fishers of the country. Before the commencement of the war (1982) around 40% of the fish production of the country came from Northern fishery districts (except Killinochchi). However, the contribution of the fish production in the Northern fishery district drastically dropped to 5% in the peak period of the war (2008) and gradually increased after 2009. Furthermore, livelihoods of Sri Lankan fishers’ have been drastically affected as a result of the Indian poaching”.

News 1st reported on 14 April 2021: “Indian fishing vessels illegally fishing in Sri Lankan waters pillage around Rs, 900 billion worth of valuable marine resources in the Northern seas of Sri Lanka” (Northern Province Fisheries Asso. Chief, M.V. Subramanium).

“Assessing reparation of environmental damage by the ICJ”, (Questions on International Law, QIL) cites the case of compensation for environmental damage in Nicaragua/Costa Rica, the ICJ’s Judgment was:

“To shed light on the case, the Court sought support in international law and decisions of arbitral tribunals. In 1927, the ICJ already underlined in its judgment related to the Factory of Chorzów that a breach involves an obligation to make a reparation ‘in an adequate form’. The Court recalled that it had in a previous judgment, in 2015, assigned sovereignty over the area to Costa Rica, and Nicaragua’s activities were, therefore, in breach of that sovereignty. As such, the obligation for Nicaragua to make reparation was no longer to be disputed. Reparation in the form of compensation, as applied in the present case, was determined by the judgment in 2015.

Before addressing the issue of compensation in itself, the Court deemed it appropriate to follow a two-fold approach. The Court first determined the existence and extent of the damage to environmental goods and services caused by Nicaragua’s wrongful activities, and then went on to assess the existence of a direct and certain causal link between such damage and Nicaragua’s activities. This section will successively examine the Court’s analysis of the points of contention, its choice of method, and the assessment of the damage as established by the Court”.

BASIS for MARITIME BOUNDARIES in INTERNATIONAL LAW

A meeting was held in 1921, between the Colonial Governments of India and Ceylon “in order to avoid over-exploitation of maritime resources and the possibility of competition between the fishermen of India and Sri Lanka in the same waters for their catch, the colonial Governments of Madras and Colombo agreed to delimit the waters in the Gulf of Mannar and the Palk Bay. The two parties met in Colombo on October 24, 1921. The Indian team was led by Mr. C. W. E. Cotton and the team representing the government of Ceylon was headed by Hon. B. Horsburg”.

“Both parties accepted the principle of equidistant and the median line could be the guiding factor”.  However, since at Kachchathivu the principle of equidistant “would considerably narrow the area of operations for the Indian fishermen”, the Ceylon delegation proposed a line that was three miles west of the island “so that there would be an equitable apportionment in the fisheries domain for both Sri Lanka and India”. The proposal by the Ceylon delegation was based on the fact that “Sri Lanka’s sovereignty over Kachchathivu was never in question, was beyond any doubt and was not a matter for negotiation.  He (Hon. B. Horsburg) quoted from the correspondence that the Survey Department and the Department of Public Works in Colombo had exchanged with the counterparts in India, in which the sovereignty of Sri Lanka over Kachchativu had been taken for granted by the Indian authorities… After discussion the delimitation line was fixed three miles west of Kachchativu” (Jayasinghe, p. 14,15).

Agreement between the two parties is reflected in the letter from the head of the Indian delegation, C. W. E. Cotton, in which he states: ” … we unanimously decided that the delimitation of the new jurisdiction for fishing purposes could be decided independently of the question of territoriality.  The delimitation line was accordingly fixed, with our concurrence three miles west of Kachchativu and the Ceylon representatives thereupon agreed to a more orderly alignment south of the island than they had originally proposed…” (Ibid, p. 130).

What is relevant from all of the above is that regardless of the basis for establishing a boundary under colonial rule, such boundaries morph into territorial boundaries of independent states under the “Doctrine of UTI POSSIDETIS”.

DOCTRINE of UTI POSSIDETIS

Black’s Law Dictionary has defined the legal Doctrine of “Uti possidetis juris” as “the doctrine that old administrative boundaries will become international boundaries when a political subdivision achieves independence (Hansal & Allison, “The Colonial Legacy and Border Stability”, p. 2; quoting Garner 1999). 

The principle behind this doctrine dates back to Roman times. The principle first emerged in the modern sense with the decolonization of Latin America when each former Spanish colony agreed to accept territories that were “presumed to be possessed by its colonial predecessors” (Ibid). The same doctrine was accepted by former colonies in the African continent.  The International Court of Justice (ICJ) has “argued for its relevance across the world” (Ibid).

“This principle was stated most directly in the ICJ’s 1986 decision in the Frontier Dispute/Burkina Faso Republic of Mali case.  The ICJ had been asked to settle the location of a disputed segment of the border between Mali and Burkina Faso, both of which had been part of French West Africa before independence.  In their judgment over the merits of this Frontier Dispute case the ICJ emphasized the legal principle of uti possidetis juris”:

“The ICJ judgment in the Mali-Burkina Faso Dispute case also argued that the principle of uti possidetis should apply in any decolonization situation regardless of the legal or political status of the entities on each side of the border”:

“The territorial boundaries which have to be respected may also derive from international frontiers which previously divided a colony of one State from a colony of another, or indeed a colonial territory from the territory of another independent State…There is no doubt that the obligation to respect pre-existing international frontiers in the event of State succession derives from a general rule of international law, whether or not the rule is expressed in the formula of uti possidetis” (ICJ 1986, Ibid).

Based on the ICJ Judgment, the Maritime Boundary between India and Sri Lanka should be what existed during Colonial times and continue as the International Maritime Boundary when India and Sri Lanka gained independence. The fact that Sri Lanka failed to use the provision of Uti Possidetis has cost Sri Lanka’s economy dearly and continues to do so in terms of treasure and human suffering.

CONCLUSION  

The issue of Indian fishermen fishing in Sri Lanka’s territorial waters was resolved in 1921, when the Colonial Government of India and then Ceylon unanimously agreed on what the Maritime Boundary was to be. Accordingly, the island of Kachchativu was to be part of Sri Lanka’s sovereign territory as it had been before Ceylon was colonized.    Following independence of both countries, the boundaries that were recognized while under colonial rule should have been recognised as the boundaries of independent India and Sri Lanka in keeping with the internationally recognized doctrine of UTI POSSIDETIS cited above.

Instead of staking Sri Lanka’s claim on the principle that colonial boundaries transform into international boundaries upon gaining independence, Sri Lanka opted to base their claim on traditional and historical practices and agreements were signed by the Prime Ministers of India and Sri Lanka.in 1974 and revised in 1976. The opportunity to stake Sri Lanka’s claim on the basis of international law was lost, perhaps due to unfamiliarity with related legal provisions.

While sovereign countries are free to forge agreements between themselves, their durability is dependent on varying personal political agendas of political actors in each country. Consequently, what is acceptable today may be unacceptable tomorrow.  Since these agreements are not based on international law, Indian political leaders, such as Prime Minister Modi, refuse to accept them. These perspectives have emboldened Indian fishermen to violate Maritime Boundaries and destroy marine resources by resorting to bottom trawling.  Furthermore, the numerous discussions between the two governments have failed to resolve substantive issues and have resulted ONLY in the India government’s focus being on the release of arrested Indian fishermen and their vessels.

Therefore, since the issue of maritime boundaries has a direct bearing on illegal entry into Sri Lanka’s sovereign territory and destruction of marine resources, the ONLY durable way to resolve this contentious issue is to seek the assistance of the ICJ to rule on a legal determination as to the location of maritime boundaries based on the principle of UTI POSSIDETIS, on which depends claims for reparations for damages to maritime resources inflicted over decades. In this regard, Sri Lanka should be encouraged by the ICJ determination in the case of Nicaragua and Costa Rica in 2015 cited above.

The opportunity presented by the forthcoming visit of President Dissanayake to India should NOT be missed by the new government because all previous governments and their advisors have failed to address this all-important issue, either because of their timidity or ignorance of relevant International Laws. If Dissanayake fails to inform India that Sri Lanka has no option but to seek the assistance of the ICJ to resolve the issue of maritime boundaries, Sri Lanka will have to accept the bitter prospect of the plunder of its resources and the sovereign rights of the People and the Nation forever.



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US-CHINA RIVALRY: Maintaining Sri Lanka’s autonomy

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During a discussion at the Regional Center for Strategic Studies (RCSS) in Sri Lanka on 9 December, Dr. Neil DeVotta, Professor at Wake Forest University, North Carolina, USA commented on the “gravity of a geopolitical contest that has already reshaped global politics and will continue to mould the future. For Sri Lanka – positioned at the heart of the Indian Ocean, economically fragile, and diplomatically exposed- his analysis was neither distant nor abstract. It was a warning of the world taking shape around us” (Ceylon Today, December 14, 2025).

Sri Lanka is known for ignoring warnings as it did with the recent cyclone or security lapses in the past that resulted in terrorist attacks. Professor De Votta’s warning too would most likely be ignored considering the unshakable adherence to Non-Alignment held by past and present experts who have walked the halls of the Foreign Ministry, notwithstanding the global reshaping taking place around us almost daily. In contrast, Professor DeVotta “argued that nonalignment is largely a historical notion. Few countries today are truly non-aligned. Most States claiming neutrality are in practice economically or militarily dependent on one of the great powers. Sri Lanka provides a clear example while it pursues the rhetoric of non-alignment, its reliance on Chinese investments for infrastructure projects has effectively been aligned to Beijing. Non-alignment today is more about perceptions than reality. He stressed that smaller nations must carefully manage perceptions while negotiating real strategic dependencies to maintain flexibility in an increasingly polarised world.” (Ibid).

The latest twist to non-alignment is Balancing. Advocates of such policies are under the delusion that the parties who are being “Balanced” are not perceptive enough to realise that what is going on in reality is that they are being used. Furthermore, if as Professor DeVotta says, it is “more about perception than reality”, would not Balancing strain friendly relationships by its hypocrisy? Instead, the hope for a country like Sri Lanka whose significance of its Strategic Location outweighs its size and uniqueness, is to demonstrate by its acts and deeds that Sri Lanka is perceived globally as being Neutral without partiality to any major powers if it is to maintain its autonomy and ensure its security.

DECLARATION OF NEUTRALITY AS A POLICY

Neutrality as a Foreign Policy was first publicly announced by President Gotabaya Rajapaksa during his acceptance speech in the holy city of Anuradhapura and later during his inauguration of the 8th Parliament on January 3, 2020. Since then Sri Lanka’s Political Establishment has accepted Neutrality as its Foreign Policy judging from statements made by former President Ranil Wickremesinghe, Prime Minister Dinesh Gunawardena and Foreign Ministers up to the present when President Dissanayake declared during his maiden speech at the UN General Assembly and captured by the Head Line of Daily Mirror of October 1, 2025: “AKD’s neutral, not nonaligned, stance at UNGA”

The front page of the Daily FT (Oct.9, 2024) carries a report titled “Sri Lanka reaffirms neutral diplomacy” The report states: “The Cabinet Spokesman and Foreign Minister Vijitha Herath yesterday assured that Sri Lanka maintains balanced diplomatic relations with all countries, reaffirming its policy of friends of all and enemy of none”. Quoting the Foreign Minister, the report states: “There is no favouritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba, or Vietnam. We have no bias in our approach, he said…”

NEUTRALITY in OPERATION

“Those who are unaware of the full scope and dynamics of the Foreign Policy of Neutrality perceive it as being too weak and lacking in substance to serve the interests of Sri Lanka. In contrast, those who are ardent advocates of Non-Alignment do not realize that its concepts are a collection of principles formulated and adopted only by a group of like-minded States to meet perceived challenges in the context of a bi-polar world. In the absence of such a world order the principles formulated have lost their relevance” (https://island.lk/relevance-of-a neutral-foreign-policy).

“On the other hand, ICRC Publication on Neutrality is recognized Internationally “The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977 (June 2022)” (Ibid).

“A few Key issues addressed in this Publication are: “THE PRINCIPLE OF INVOILABILITY of a Neutral State and THE DUTIES OF NEUTRAL STATES.

“In the process of reaffirming the concept of Neutrality, Foreign Minister Vijitha Herath stated that the Policy of Neutrality would operate in practice in the following manner: “There is no favoritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba or Vietnam. We have no bias in our approach” (The Daily FT, Oct, 9, 2024).

“Essential features of Neutrality, such as inviolability of territory and to be free of the hegemony of power blocks were conveyed by former Foreign Minister Ali Sabry at a forum in Singapore when he stated: “We have always been clear that we are not interested in being an ally of any of these camps. We will be an independent country and work with everyone, but there are conditions. Our land and sea will not be used to threaten anyone else’s security concerns. We will not allow military bases to be built here. We will not be a pawn in their game. We do not want geopolitical games playing out in our neighbourhood, and affecting us. We are very interested in de-escalating tensions. What we could do is have strategic autonomy, negotiate with everyone as sovereign equals, strategically use completion to our advantage” (the daily morning, July 17, 2024)

In addition to the concepts and expectations of a Neutral State cited above, “the Principle of Inviolability of territory and formal position taken by a State as an integral part of ‘Principles and Duties of a Neutral State’ which is not participating in an armed conflict or which does not want to become involved” enabled Sri Lanka not to get involved in the recent Military exchanges between India and Pakistan.

However, there is a strong possibility for the US–China Rivalry to manifest itself engulfing India as well regarding resources in Sri Lanka’s Exclusive Economic Zone. While China has already made attempts to conduct research activities in and around Sri Lanka, objections raised by India have caused Sri Lanka to adopt measures to curtail Chinese activities presumably for the present. The report that the US and India are interested in conducting hydrographic surveys is bound to revive Chinese interests. In the light of such developments it is best that Sri Lanka conveys well in advance that its Policy of Neutrality requires Sri Lanka to prevent Exploration or Exploitation within its Exclusive Economic Zone under the principle of the Inviolability of territory by any country.

Another sphere where Sri Lanka’s Policy of Neutrality would be compromised is associated with Infrastructure Development. Such developments are invariably associated with unsolicited offers such as the reported $3.5 Billion offer for a 200,000 Barrels a day Refinery at Hambantota. Such a Project would fortify its presence at Hambantota as part of its Belt and Road Initiative. Such offers if entertained would prompt other Global Powers to submit similar proposals for other locations. Permitting such developments on grounds of “Balancing” would encourage rivalry and seriously threaten Sri Lanka’s independence to exercise its autonomy over its national interests.

What Sri Lanka should explore instead, is to adopt a fresh approach to develop the Infrastructure it needs. This is to first identify the Infrastructure projects it needs, then formulate its broad scope and then call for Expressions of Interest globally and Finance it with Part of the Remittances that Sri Lanka receives annually from its own citizens. In fact, considering the unabated debt that Sri Lanka is in, it is time that Sri Lanka sets up a Development Fund specifically to implement Infrastructure Projects by syphoning part of the Foreign Remittances it receives annually from its citizens . Such an approach means that it would enable Sri Lanka to exercise its autonomy free of debt.

CONCLUSION

The adherents of Non-Alignment as Sri Lanka’s Foreign Policy would not have been pleased to hear Dr. DeVotta argue that “non-alignment is largely a historical notion” during his presentation at the Regional Center for Strategic Studies in Colombo. What is encouraging though is that, despite such “historical notions”, the political establishment, starting with President Gotabaya Rajapaksa and other Presidents, Prime Ministers and Ministers of Foreign Affairs extending up to President AKD at the UNGA and Foreign Affairs Minister, Vijitha Herath, have accepted and endorsed neutrality as its foreign policy. However, this lack of congruence between the experts, some of whom are associated with Government institutions, and the Political Establishment, is detrimental to Sri Lanka’s interests.

If as Professor DeVotta warns, the future Global Order would be fashioned by US – China Rivalry, Sri Lanka has to prepare itself if it is not to become a victim of this escalating Rivalry. Since this Rivalry would engulf India a well when it comes to Sri Lanka’s Exclusive Economic Zone (EEC), Sri Lanka should declare well in advance that no Exploration or Exploitation would be permitted within its EEC on the principle of inviolability of territory under provisions of Neutrality and the UN adoption of the Indian Ocean as a Zone of Peace.

As a measure of preparedness serious consideration should be given to the recommendation cited above which is to set up a development fund by allocating part of the annual dollar remittances to finance Sri Lanka’s development without depending on foreign direct investments, export-driven strategies or the need to be flexible to negotiate dependencies; A strategy that is in keeping with Sri Lanka’s civilisational values of self-reliance. Judging from the unprecedented devastation recently experienced by Sri Lanka due to lack of preparedness and unheeded warnings, the lesson for the political establishment is to rely on the wisdom and relevance of Self-Reliance to equip Sri Lanka to face the consequences of the US–China rivalry.

by Neville Ladduwahetty ✍️

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1132nd RO Water purification plant opened at Mahinda MV, Kauduluwewa

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Sponsors (senior management from M/S Perera and Sons), Principal and SLN officials at Opening of RO Plant

A project sponsored by Perera and Sons (P&S) Company and built by Sri Lanka Navy

Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan

When the 1132nd RO plant built by the Navy with funds generously provided by M/S Perera and Sons, Sri Lanka’s iconic, century-old bakery and food service chain, established in 1902, known for its network of outlets, numbering 235, in Sri Lanka. This company, established in 1902 by Philanthropist K. A. Charles Perera, well known for their efforts to help the needy and humble people. Helping people gain access to drinking water is a project launched with the help of this esteemed company.

The opening of an RO plant

The Chronic Kidney Disease (CKD) started spreading like a wildfire mainly in North Central, North Western and Eastern provinces. Medical experts are of the view that the main cause of the disease is the use of unsafe water for drinking and cooking. The map shows how the CKD is spreading in Sri Lanka.

School where 1132nd RO plants established by SLN

In 2015, when I was the Commander of the Navy, with our Research and Development Unit of SLN led by a brilliant Marine Engineer who with his expertise and innovative skills brought LTTE Sea Tigers Wing to their knees. The famous remote-controlled explosive-laden Arrow boats to fight LTTE SEA TIGER SUCIDE BOATS menace was his innovation!). Then Captain MCP Dissanayake (2015), came up with the idea of manufacturing low- cost Reverse Osmosis Water Purification Plants. The SLN Research and development team manufactured those plants at a cost of one-tenth of an imported plant.

The writer with his PSO’s daughter

Gaurawa Sasthrawedi Panditha Venerable Devahuwe Wimaladhamma TheroP/Saraswathi Devi Primary School, Ashokarama Maha Viharaya, Navanagara, Medirigiriya

The Navy established FIRST such plant at Kadawatha-Rambawa in Madawachiya Divisional Secretariat area, where the CKD patients were the highest. The Plant was opened on 09 December 2015, on the 65th Anniversary of SLN. It was an extremely proud achievement by SLN

Areas where the RO plants are located

First, the plants were sponsored by officers and sailors of the Sri Lanka Navy, from a Social Responsibility Fund established, with officers and sailors contributing Rs 30 each from their salaries every month. This money Rs 30 X 50,000 Naval personnel provided us sufficient funds to build one plant every month.

Observing great work done by SLN, then President Maithripala Sirisena established a Presidential Task Force on eradicating CKD and funding was no issue to the SLN. We developed a factory line at our R and D unit at Welisara and established RO plants at double-quick time. Various companies/ organisations and individuals also funded the project. Project has been on for the last ten years under six Navy Commanders after me, namely Admiral Travis Sinniah, Admiral Sirimevan Ranasinghe, Admiral Piyal de Silva, Admiral Nishantha Ulugetenna, Admiral Priyantha Perera and present Navy Commander Vice Admiral Kanchana Banagoda.

Each plant is capable of producing up to 10,000 litres of clean drinking water a day. This means a staggering 11.32 million litres of clean drinking water every day!

The map indicates the locations of these 1132 plants.

Well done, Navy!

On the occasion of its 75th Anniversary celebrations, which fell on 09 December 2025, the Navy received the biggest honour. Venerable Thero (Venerable Dewahuwe Wimalarathana Thero, Principal of Saraswathi Devi Primary Pirivena in Medirigiriya) who delivered the sermons during opening of 1132nd RO plant, said, “Ten years ago, out of 100 funerals I attended; more than 80 were of those who died of CKD! Today, thanks to the RO plants established by the Navy, including one at my temple also, hardly any death happens in our village due to CKD! Could there be a greater honour?

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Poltergeist of Universities Act

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The Universities Act is back in the news – this time with the present government’s attempt to reform it through a proposed amendment (November 2025) presented by the Minister of Education, Higher Education and Vocational Education, Harini Amarasuriya, who herself is a former academic and trade unionist. The first reading of the proposed amendment has already taken place with little debate and without much attention either from the public or the university community. By all counts, the parliament and powers across political divisions seem nonchalant about the relative silence in which this amendment is making its way through the process, indicative of how low higher education has fallen among its stakeholders.

The Universities Act No. 16 of 1978 under which Sri Lankan universities are managed has generated debate, though not always loud, ever since its empowerment. Increasing politicisation of decision making in and about universities due to the deterioration of the conduct of the University Grants Commission (UGC) has been a central concern of those within the university system and without. This politicisation has been particularly acute in recent decades either as a direct result of some of the provisions in the Universities Act or the problematic interpretation of these. There has never been any doubt that the Act needs serious reform – if not a complete overhaul – to make universities more open, reflective, and productive spaces while also becoming the conscience of the nation rather than timid wastelands typified by the state of some universities and some programs.

But given the Minister’s background in what is often called progressive politics in Sri Lanka, why are many colleagues in the university system, including her own former colleagues and friends, so agitated by the present proposed amendment? The anxiety expressed by academics stem from two sources. The first concern is the presentation of the proposed amendment to parliament with no prior consultative process with academics or representative bodies on its content, and the possible urgency with which it will get pushed through parliament (if a second reading takes place as per the regular procedure) in the midst of a national crisis. The second is the content itself.

Appointment of Deans

Let me take the second point first. When it comes to the selection of deans, the existing Act states that a dean will be selected from among a faculty’s own who are heads of department. The provision was crafted this way based on the logic that a serving head of department would have administrative experience and connections that would help run a faculty in an efficient manner. Irrespective of how this worked in practice, the idea behind has merit.

By contrast, the proposed amendment suggests that a dean will be elected by the faculty from among its senior professors, professors, associate professors and senior lecturers (Grade I). In other words, a person no longer needs to be a head of department to be considered for election as a dean. While in a sense, this marks a more democratised approach to the selection, it also allows people lacking in experience to be elected by manoeuvring the electoral process within faculties.

In the existing Act, this appointment is made by the vice chancellor once a dean is elected by a given faculty. In the proposed amendment, this responsibility will shift to the university’s governing council. In the existing Act, if a dean is indisposed for a number of reasons, the vice chancellor can appoint an existing head of department to act for the necessary period of time, following on the logic outlined earlier. The new amendment would empower the vice chancellor to appoint another senior professor, professor, associate professor or senior lecturer (Grade I) from the concerned faculty in an acting capacity. Again, this appears to be a positive development.

Appointing Heads of Department

Under the current Act heads of department have been appointed from among professors, associate professors, senior lecturers or lecturers appointed by the Council upon the recommendation of the vice chancellor. The proposed amendment states the head of department should be a senior professor appointed by the Council upon the recommendation of the vice chancellor, and in the absence of a senior professor, other members of the department are to be considered. In the proposed scheme, a head of department can be removed by the Council. According to the existing Act, an acting head of department appointment can be made by the vice chancellor, while the proposed amendment shifts this responsibility to the Council, based upon the recommendation of the vice chancellor.

The amendment further states that no person should be appointed as the head of the same department for more than one term unless all other eligible people have already completed their responsibilities as heads of department. This is actually a positive development given that some individuals have managed to hang on to the head of department post for years, thereby depriving opportunities to other competent colleagues to serve in the post.

Process of amending the Universities Act

The question is, if some of the contents of the proposed amendment are positive developments, as they appear to be, why are academics anxious about its passing in parliament? This brings me to my first point, that is the way in which this amendment is being rushed through by the government. This has been clearly articulated by the Arts Faculty Teachers Association of University of Colombo. In a letter to the Minister of Education dated 9 December 2025, the Association makes two points, which have merit. First, “the bill has been drafted and tabled in Parliament for first reading without a consultative process with academics in state universities, who are this bill’s main stakeholders. We note that while the academic community may agree with its contents, the process is flawed because it is undemocratic and not transparent. There has not been adequate time for deliberation and discussion of details that may make the amendment stronger, especially in the face of the disaster situation of the country.”

Second, “AFTA’s membership also questions the urgency with which the bill is tabled in Parliament, and the subsequent unethical conduct of the UGC in requesting the postponement of dean selections and heads of department appointments in state universities in expectation of the bill’s passing in Parliament.”

These are serious concerns. No one would question the fact that the Universities Act needs to be amended. However, this must necessarily be based on a comprehensive review process. The haste to change only sections pertaining to the selection of deans and heads of department is strange, to say the least, and that too in the midst of dealing with the worst natural calamity the country has faced in living memory. To compound matters, the process also has been fast-tracked thereby compromising on the time made available to academics to make their views be known.

Similarly, the issuing of a letter by the UGC freezing all appointments of deans and heads of department, even though elections and other formalities have been carried out, is a telling instance of the government’s problematic haste and patently undemocratic process. Notably, this action comes from a government whose members, including the Education Minister herself, have stood steadfastly for sensible university reforms, before coming to power. The present process is manoeuvred in such a manner, that the proposed amendment would soon become law in the way the government requires, including all future appointments being made under this new law. Hence, the attempt to halt appointments, which were already in the pipeline, in the interim period.

It is evident that rather than undertake serious university sector reforms, the government is aiming to control universities and thereby their further politicization amenable to the present dispensation. The ostensible democratis0…..ation of the qualified pool of applicants for deanships opens up the possibilities for people lacking experience, but are proximate to the present powers that be, to hold influential positions within the university. The transfer of appointing powers to the Councils indicates the same trend. After all, Councils are partly made up of outsiders to the university, and such individuals, without exception, are political appointees. The likelihood of them adhering to the interests of the government would be very similar to the manner in which some vice chancellors appointed by the President of the country feel obligated to act.

All things considered, particularly the rushed and non-transparent process adopted thus far by the government does not show sincerity towards genuine and much needed university sector reforms. By contrast, it shows a crude intent to control universities at any cost. It is extremely regrettable that the universities in general have not taken a more proactive and principled position towards the content and the process of the proposed amendment. As I have said many times before, whatever ills that have befallen universities so far is the disastrous fallout of compromises of those within made for personal gain and greed, or the abject silence and disinterest of those within. These culprits have abandoned broader institutional development. This appears to be yet another instance of that sad process.

In this context, I have admiration for my former colleagues in the Faculty of Arts at the University of Colombo for having the ethical courage to indicate clearly the fault lines of the proposed amendment and the problems of its process. What they have asked is a postponement of the process giving them time to engage. In this context, it is indeed disappointing to see the needlessly conciliatory tone of the letter to the Education Minister by the Federation of University Teachers Association dated December 5, 2025, which sends the wrong signal.

If this government still believes it is a people’s government, the least it can do is give these academics time to engage with the proposed amendment. After all, many within the academic community helped bring the government to power. If not and if this amendment is rushed through parliament in needless haste, it will create a precedent that signals the way in which the government intends to do business in the future, abusing its parliamentary majority and denting its credibility for good.

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