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Purpose of a government

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At the interview for US citizenship, the great mathematical logician, Kurt Godel, accompanying Albert Einstein, told the judge he found a loophole in the US Constitution that allows legal conversion of American democracy to a dictatorship.

By Prof. Kirthi Tennakone
(email: ktenna@yahoo.co.uk)

How do we define a government and its purpose?

Continued human existence and advancement rely on their collective action. A group of individuals working together to achieve an identified agenda.

An authority managing collective action of a community is a government.

Directing necessary collective action for the benefit of all is the purpose of a government.

Examining how governments evolved enlightens us to identify the functions of a government and how collective action has been managed. And how it should be managed.

Primitive humans lived in partly cleared spots in the wilderness as tiny communities. Members communicated with each other. Men, as a group, engaged in gathering forest resources for food and building shelter. Women helped prepare food and took care of children.

As the communities grew in size, constraints surfaced. When hundreds of men work together to gather food, sharing the collection leads to conflicts. The result was the splitting of the community into two or more groups, that dispersed to occupy new territory. A trend, observed in primate populations.

Agriculture, the first major innovation of humankind, changed the scenario. The profession required the engagement of a larger number of people. How do you coordinate the work of an excessively large group? Leaders emerged! They extended communication using messengers. Their thinking was the policy and what they said, the law.

The administrative and executive structure built around leadership constituted the government.

Even though most chieftains and the kings were tyrants, society progressed as a result of coordinated effort.

A landmark innovation that shaped society was the invention of money. A way of measuring the worth of goods and services. The use of money increased production, facilitating the exchange of goods and honouring compensation for the services.

The operations to maintain the community demanded resources (material and labour), and the people were taxed. Taxation allowed diversion of a portion of the production by individuals to implement collective action.

The rulers used tax money to carry out projects essential for the livelihood of citizens, raise armies, and a good portion for their enjoyment. Paid little attention to the grievances of people and often ignored or violated their rights.

In the next step of social development, democracy originated as a method for eliminating the evils of authoritarian rule. Where the necessary collective action was decided by people themselves.

The primitive small communities were indeed direct democracies. There, the members got together and decided the course of action. In an evening discussion, they rationally agreed where to go for hunting next morning.

Direct democracies, where all citizens vote to make decisions, were practised in Athens. People voted to decide major issues or appoint officials. Influenced by philosopher Solon (630-560 BCE), the statesman Cleisthenes, established the first direct democracy in Athens, 508 BCE, and the concept lasted for nearly two centuries. However, it was found to be impractical when the population grew large.

A practical way of installing a democracy is by representation. In a representative democracy, the governing body is constituted of candidates elected by popular vote.

How do you form a governing body with elected candidates? Aristotle emphasized the need for a constitution and defined it as a way of organizing the offices of Athens. In modern states, the structure of government, the principles to be abided by, and the procedures to be followed in its forming and functioning are described in the constitution. Generally, a carefully drafted written document and rarely a collection of statutes.

A constitution also invariably embodies a ‘supreme idealistic and conventional law’ required to be followed by the government it defines.

There is no theory to the base derivation of a constitution; its construction decided by experience, examples, and problems encountered in the functioning of a government.

A primary objective of a constitution is to balance the concentration and distribution of the decision-making authority of the government. Unless, the authority is concentrated at an apex, prompt, unambiguous decision making would be difficult. At the same time, too much political power should not be transferred to the apex – the head of the government, the chief executive (elected by people in a democracy).

Some constitutions introduce a ceremonially superior symbolic head of state with limited executive power. Often an approving authority of certain decisions made by the governing body.

A constitution also defines an independent judicial system. And generally, that system, also acts as the custodian and the interpreter of the constitution.

People get entrapped in the laws they make. For that reason, it needs to specify, how it could be amended

Can a constitutional democracy, deteriorate, fail to serve people, and turn into a self-serving system?

More than 2500 years ago, the great Greek philosopher, Plato, noted that democracies are not immune to the ills of authoritarian rule. It allows selfish and unqualified to get elected.

They could manipulate the law or go through loopholes in it and gradually turn democracy into a virtual autocracy or an oligarchy? Or they rewrite the constitution to meet their wishes, following rules given for amendments in the existing constitution.

Two of the most intricately drafted documents after much thought are the United States, the Deceleration of Independence, and the Constitution. Authors attempted a logical structure based on axioms similar to Euclid’s geometry.

In the closing speech at the constitutional convention 1887, the American polymath Benjamin Franklin said,” Sir, I consent to this constitution, because I expect no better, and because I am not sure that it is not the best.”

In 1947, Kurt Godel, a great Austrian mathematician, who emigrated to the United States, read the constitution to prepare for the citizenship interview. He told his friends, Albert Einstein and Oskar Morgenstein (renowned mathematician and economist), who were to be witnesses to the oath, he found a flaw in the United States constitution. A loophole that allows legal conversion of American democracy to a dictatorship. Both Einstein and Morgenstein dissuaded Godel from bringing up this issue during the interview. And knowing the nature of the man, Einstein reminded Godel of his warning on the way to the immigration court. Instead, Godel told the judge, there was a flaw in the US Constitution, and he could prove its possible consequence. The judge declined further discussion and approved citizenship.

No one knows for sure, what Godel meant, but his claim hints drafting a flawless constitution would be nearly impossible.

Godel, regarded as the greatest logician since Aristotle, shook the world of mathematics at the age of 25, proving an assertion referred to as the incompleteness theorem. Godel may have seen something where ‘mortals ‘were blind!

The devious will look for loopholes and manipulate the law for their advantage. The safeguard is, for citizens to understand the purpose, functions, and limits of a government to elect their representatives wisely. Keeping in mind, they are managers of collective action, appointed by people. And whether they are qualified to undertake responsibilities and their integrity. We have witnessed the repercussions of Plato’s warning and suffered!

What are the main functions of a government?

A government enacts laws and frames policies. Enforce law, ensure rule of law, and implement policies. To achieve the said objective, its functions distributed (as ministries, departments, etc.).

A government needs to address issues related to the ready availability of essential commodities and facilitation of services. People require food, materials, devices, and energy supplies to live. These are obtained by people’s effort and what they earn. The role a government plays here, should be to initiate protocols to increase production and earnings and ensure fair and affordable distribution, clearing bottlenecks.

A government needs to levy taxes on the earnings of the citizens and entities, fairly to cover the costs of collective actions.

A government should provide protections to people. Protection against evils of society and external forces. Protection against poverty. Protection against ignorance (education). Protection against injustice and upholding justice. Ensure availability of services to take care of sick and impoverished.

A government should promote intellectual, scientific, technical, and recreational endeavors and international cooperation.

The above enumeration of the functions of a government is not exhaustive. As society moves, unexpected issues engendering the society could crop up, where the government needs to intervene.

Equally important are the things that a government should not do.

Human progress is not entirely a consequence of collective action. The individuals who made discoveries, introduced groundbreaking concepts, wrote books, painted pictures, composed music, started industries and businesses, or voiced against injustice have advanced society in astronomical quantum jumps. A government should not interfere with such activities abided by a law.

The needs of individuals in a society differ, but individuals also have distinctions (colour, creed, ethnicity, spoken language, etc.). A government should not be biased towards distinctions.

Individuals have varying responsibilities, beliefs, and desires. They are free to form groups and initiate collective activities to meet such aspirations, within the framework of law. A government, undertake only necessary collective action as decided by people.

A government should not expand itself to a huge self-serving officialdom to strengthen partisan politics at a cost to the people

After a long lapse, the people of Sri Lanka, seem to be gaining ground in understanding of the political landscape and their responsibilities. Hopefully, the trend will continue.

Undeniably, social media overall has promoted rational analysis, convincing people. Even the false information it propagates would have acted contrarily, opening eyes and realization of the ulterior motive behind such postings.

I conclude this article by quoting Benjamin Frankin once again. In the closing speech at the constitutional convention in 1887, he said:

“Much of the strength and efficiency of any government in procuring and securing happiness to people depend on opinion, on the general opinion of the goodness of that government as well as of the wisdom and integrity of its governors.”



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Coercive laws recipe for future misrule

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by Jehan Perera

The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.

The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.

But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.

Proposed Laws

The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.

The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.

The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.

Civil Society

The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.

Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.

The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.

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Quality assurance without quality enhancement: The irony of university QA

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By Ramya Kumar

According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.

An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.

The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.

Top-down check-box activities

The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.

There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).

1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….

2: And with pictures and all…

1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”

2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..

1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…

2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!

1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.

2: yea, when you say QA, my mind closes off immediately and I stop listening…

Auditing everything but power

QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.

The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.

A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.

This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.

External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.

Rethinking university QA

Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.

QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.

(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)

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

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Down Memory Lane — the Grand 20th Edition!

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Down Memory Lane: Ready to sing again

Yes, Down Memory Lane, the beloved Sing-Along concert series that first struck a chord, way back in 1997, returns for its landmark 20th edition this Saturday, 17th October, at the beautiful Bolgoda Grand Resort, Moratuwa town centre.

Having celebrated its glorious 25th anniversary with the show in 2023, this milestone 20th concert promises to be even more special.

The organisers, the ever-popular Moratuwa Arts Forum, are pulling out all the stops to present yet another unforgettable evening, brimming with camaraderie, fellowship, and pure nostalgia.

Get ready for two-and-a-half hours of non-stop singing as veteran vocalists, from the Moratuwa Arts Forum, will take the stage to lead and inspire the happy audience to sing, sing and sing to their hearts’ content.

The repertoire? Absolutely magical, according to the organisers.

Veteran Arun Dias Bandaranaike: Will handle the evening’s proceedings / Priya Peiris: Event Conceptor

Around 40 golden oldies — from timeless English vintage evergreens and hits from the 50s to the 90s, to toe-tapping calypsos, soulful American plantation melodies, rousing cowboy and Dixieland favourites, aa well as cherished Sinhala standards. All to be sung with much gusto!

This year’s dedicated organising committee comprises Brian Coorey (Chairman), Priya Peiris (Event Conceptor), Hiran Fernando, Suranga Fernando, Viranjan Perera, Hemka Fernando and Neelesh Silva. Guidance and support comes from Moratuwa Arts Forum President Sarana Guneratne and Secretary Chandani Silva.

Adding his signature charm to the evening, as Master of Ceremonies, will be the veteran Arun Dias Bandaranaike.

Don’t miss this landmark celebration of music and memories!

For further details, contact Hiran Fernando on 0772636446 or WhatsApp 0783636446.

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