Connect with us

Features

Taking ADR Forward in Sri Lanka

Published

on

Dinara, Kaif, and Binithi at Lex Inifintum 2024

By Uditha Devapriya

If recent Justice Ministry reports are anything to go by, over a million cases are pending in Sri Lanka. The country’s judge to population ratio, 18 to one million, is low by international standards, while prison overcrowding and backlogs at Labour Tribunals and specialist courts have heightened public distrust with the courts.

These have opened a can of worms, and they have been felt particularly in trade and commercial agreements, for which Sri Lanka has gained an unsavoury reputation. Out of step with the times, our courts system is hence in dire need of repair.

What can be done, though, and should be done? In a rare show of consensus, lawyers, academics, civil society, and government officials including Ministers have advocated for the restructuring of the court system. This does not include just increasing the cadre of judges in the country or establishing new courts, though both have been recommended and enforced. It also includes alternative dispute resolution (ADR), including mediation.

Last year’s Commercial Mediation Centre of Sri Lanka Act, which provides the basis for a Commercial Mediation Centre, and this year’s Recognition and Enforcement of International Settlement Agreements Resulting from Mediation Bill, which will enforce international commercial agreements reached through mediation, underlies the government’s efforts at promoting ADR and reducing the pileup of cases in our courts.

Why the sudden interest? Because on every front, ADR makes sense. It helps the courts focus on important cases and clear backlogs. It expedites the resolution of cases. It is less expensive, less time consuming. Therefore, it is more effective.

Lacking the adversarial character of conventional trials, ADR prioritises the interests and the motivations, rather than the preferred outcomes, of both parties. Moreover, ADR as it is practised the world over has been influenced by some of the most influential studies on dispute resolution. These include the Harvard Negotiation Method, popularised by law professor and conflict resolution guru Roger Fisher. First tried and tested in the US, these negotiation frameworks have been used in various settings, including the 1979 Egypt–Israel Peace Treaty, and they have been remarkably successful.

Sri Lanka is not a newcomer to ADR, but the country has been slow to respond. That has mostly been due to institutional apathy: law firms do have ADR specialists, yet they occupy a small niche. At undergraduate and school level, moreover, trials are seen as little more than debates, where the goal is to win over the other party no matter what.

For better or worse, that is what motivates students to study and practice law. Yet at the same time, there are undergraduates who want to go beyond arguing and winning cases, who want to specialise in resolving disputes, who want to become “the guy they come to when the diplomats and the lawmakers start screwing things up.”

Kaif Sally likes to do things differently. So do Dinara Abeywickrema and Binithi Perera. From February 5 to 10 they will be in Paris, representing Sri Lanka at the International Chamber of Commerce (ICC) International Commercial Mediation Competition, where, as the official website puts it, 40 student teams and over a hundred experts will “collectively undergo 100 mock mediation and negotiation simulations.”

It seems a tough task, but it underlies the seriousness of what Kaif, Dinara, and Binithi are doing. The three of them first met at KDU years ago. They wanted to do something new. They had passed through school, having taken part in as many clubs and societies as they could. At first, university life seemed no different. “In school you wade through one power relationship after another, you have to bargain, to constantly assert yourself,” Kaif recalled. “For us, law school, and law in general, meant the same thing.”

That all changed last year. In March, Kaif and a first year KDU student, Rajindh Gooneratne, became champions in the Negotiating Category at the National Mediation Competition. The previous month they had completed a National Commercial Mediation Training Programme, conducted by international experts, including the formidable Pascal Comvalius.

At the time Kaif was interning under President’s Counsel Harsha Fernando, who specialises in negotiations and is attached to Sea-Change Partners Singapore, providing a number of specialist services to businesses, governments, and international organisations, inclusive of the development sector. Working with Fernando, Kaif immersed and absorbed himself in the niceties of trade agreements, attending a number of negotiations.

One day, during a casual conversation, Fernando threw something at Kaif.

“Why aren’t you guys looking at mediation? We are going to pass a Mediation Act this year. This will be the next big thing for Sri Lanka.”

These developments spurred Kaif and Rajindh to introduce mediation to KDU. Following the Mediation Competition, the two of them organised a workshop for students preparing for the International Investor-State Mediation Competition (IIMH), which focused on finalising trade and investment deals between State entities and private companies.

Dinara Abeywickrema and Binithi Perera, two of the students who competed at the IIMH, did very well there, being nominated for the Distinction in Relationship Building Award. At the same time they emerged as semi-finalists at another reputed tournament, the ALSINC International Negotiation Competition. These two victories won them, as well as Kaif and Rajindh, recognition from international experts, including Dinara’s and Binithi’s coach Rishika Pandey. They also opened them up to other possibilities.

By this point, the four of them felt confident enough to represent Sri Lanka abroad. For that, though, they felt they needed institutional recognition. Yet after discussing the matter with the Moot Court Bench, they realised they had to start from scratch. As often happens in Sri Lanka, they discovered too many critics, too many cynics. If they wanted to compete abroad and establish themselves, they would have to rely on themselves.

“We put in a lot of effort and put up with 20-hour weeks on top of our course work. It was practice, practice, practice, running from one workshop session to another, and emerging triumphant. After all that, when you find out you have been dropped and rejected, you would come close to giving it up. I almost did.”

Yet Dinara and Binithi threw their weight behind him and Rajindh, and made it clear that though they lacked support, they were good enough to go ahead. This encouraged Kaif to apply the team independently, as KDU students. By a miracle, they got in.

Almost immediately, and in preparation for the tournament, Kaif’s team was assigned a formidable coaching and mentoring team. Among them was Pascal Comvalius, who was by then interacting with Kaif, Rajindh, Dinara, and Binithi.

On January 18, 19, and 20, 2024, Kaif, Dinara, and Binithi participated at the ninth Lex Infinitum Championship in Goa, India. Organised by the V. M. Salgaocar College of Law, Lex Infinitum is seen as Asia’s instalment of the ICC, with teams that have applied for and been selected for the latter using it as a training ground.

Kaif and his team did more than that, of course. Putting in their best efforts, they not only emerged runners-up, coming second to the National University of Singapore. They also defeated the representatives of last year’s ICC Tournament World Champion, the National Academy of Legal and Social Academic Research (NALSAR), Hyderabad.

This was, not to put too fine a point, a big deal. Returning to Sri Lanka a week ago, they were feted, applauded, celebrated. Yet soon after they threw themselves into preparing for the big event. From February 5 to 10, they will be in Paris, shuttling from one engagement to another at the ICC Tournament. “It has been a revelation for us,” the three of them told me. “But there is a lot more we need to pick up on, finetune, perfect.”

Kaif emphasised the broader implications of what they are doing.

“Sri Lanka has racked up an unfortunately bad reputation for trade deals and agreements. This is because we always go with the aim of striking a bargain. That is how countries like China and Thailand always outstep us. Mediation teaches you to focus on the interests of the other party. It is only when you focus on what they want, that you can achieve a consensus and compromise. That has helped us with our personal relationships as well.”

Dinara and Binithi interjected.

“At mediation tournaments, you get two briefs. The first is titled general information, and it outlines your situation in a particular case. The second is titled confidential information, and it contains information about what the other party really wants. The trick is to manoeuvre the negotiations in such a way that the other party doesn’t know that you know about its interests, yet is encouraged to see your point of view. This is something traditional mooting often misses, because they are based on power play.”

Sri Lanka is still at a crossroads. Recovery is imminent, but we are hardly done with the crisis we entered three or four years ago. Against such a backdrop, it makes sense to explore alternative ways of negotiating agreements, including trade deals, to signal at investors and bilateral partners that we are ready for business.

“I want to be a climate and trade negotiator,” Kaif told me as we wrapped up our interview. “Ideally, the guy who everyone goes to and consults when all other political and diplomatic options have been exhausted.” Both Dinara and Binithi share his enthusiasm.

Ultimately, it is this enthusiasm which will take Sri Lanka beyond the attitudes that have dominated it, and sapped it of its potential, for so long. In that sense, Paris 2024 will be crucial, not just for Kaif’s team, but also, pertinently, for Sri Lanka.

Uditha Devapriya is a writer, researcher, and analyst based in Sri Lanka who contributes to a number of publications on topics such as history, art and culture, politics, and foreign policy. He can be reached at .



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

Features

Gypsies … flying high

Published

on

The present setup

The scene has certainly changed for the Gypsies and today one could consider them as awesome crowd-pullers, with plenty of foreign tours, making up their itinerary.

With the demise of Sunil Perera, music lovers believed that the Gypsies would find the going tough in the music scene as he was their star, and, in fact, Sri Lanka’s number one entertainer/singer,

Even his brother Piyal Perera, who is now in charge of the Gypsies, admitted that after Sunil’s death he was in two minds about continuing with the band.

However, the scene started improving for the Gypsies, and then stepped in Shenal Nishshanka, in December 2022, and that was the turning point,

With Shenal in their lineup, Piyal then decided to continue with the Gypsies, but, he added, “I believe I should check out our progress in the scene…one year at a time.”

The original Gypsies: The five brothers Lal, Nimal, Sunil, Nihal and Piyal

They had success the following year, 2023, and then decided that they continue in 2024, as well, and more success followed.

The year 2025 opened up with plenty of action for the band, including several foreign assignments, and 2026 has already started on an awesome note, with a tour of Australia and New Zealand, which will keep the Gypsies in that part of the world, from February to March.

Shenal has already turned out to be a great crowd puller, and music lovers in Australia and New Zealand can look forward to some top class entertainment from both Shenal and Piyal.

Piyal, who was not much in the spotlight when Sunil was in the scene, is now very much upfront, supporting Shenal, and they do an awesome job on stage … keeping the audience entertained.

Shenal is, in fact, a rocker, who plays the guitar, and is extremely creative on stage with his baila.

‘Api Denna’ Piyal and Shenal

Piyal and Shenal also move into action as a duo ‘Api Denna’ and have even done their duo scene abroad.

Piyal mentioned that the Gypsies will feature a female vocalist during their tour of New Zealand.

“With Monique Wille’s departure from the band, we now operate without a female vocalist, but if a female vocalist is required for certain events, we get a solo female singer involved, as a guest artiste. She does her own thing and we back her, and New Zealand requested for a female vocalist and Dilmi will be doing the needful for us,” said Piyal.

According to Piyal, he originally had plans to end the Gypsies in the year 2027 but with the demand for the Gypsies at a very high level now those plans may not work out, he says.

Continue Reading

Trending