Features
THE ARBITRATOR NEEDS CREDIBILITY
ONE COUNTRY, ONE LAW- IN ONE ISLAND WITH MANY NATIONS
by Anura Gunasekera
Galagoda Aththe Gnanasara, pardoned after serving one and half years of a six-year rigorous imprisonment sentence for Contempt of Court, has been appointed the Chairman of a Presidential Task Force, mandated to study the implementation of the “One Country, One Law” concept, as well as to examine amendments prepared by the Ministry of Justice in furtherance of this rather fluid hypothesis, and to submit amendments to the latter as appropriate. Basically, a convicted felon has been assigned the responsibility for evaluating the competence of a legal system, which was earlier responsible, after due process, for convicting him. The arbitrariness, the ridiculousness of the very notion is such that at first the news was perceived as a bad joke circulating in social media.
By extension of that patently absurd determination, it would then seem quite logical to appoint Lohan Ratwatte, presently under investigation for threatening select Tamil prisoners with death at gun-point, as the chairman of a committee to study and recommend prison reforms, or ” Wele Suda”, currently in jail for drug trafficking, as head of a task force to advise law enforcement bodies on the prevention of drug smuggling.
An appointment to any important position is, generally if not invariably, preceded by an evaluation of the curriculum vitae of the proposed appointee. The priest from Galagoda first gained prominence as the head of the “Bodu Bala Sena” (BBS), a body inaugurated in 2012 and publicly provided patronage by the then Defence Secretary and now President, Gotabaya Rajapaksa. Since then, the cleric has been both vocally and physically involved in anti-minority (read Muslim) agitation. Most prominent was his alleged involvement in inciting anti-Muslim violence in Beruwala and Aluthgama in 2014, which resulted in four fatalities, injuries to dozens and the destruction of a large number of Muslim owned establishments. In March 2018, in Teldeniya and Digana, mobs of Sinhala Buddhists ramapaged, unchecked for over a week, destroying Muslim owned property, as well as damaging four mosques. The reported presence of Gnanasara in the area during this period is unlikely to have been accidental.
In June 2018 this cleric was sentenced to a six-month term and fined Rs 50,000 for threatening, in court premises, Sandhya Ekneligoda, wife (or widow) of Prageeth Ekneligoda, a critic of the then Rajapaksa government, who has been missing since 2010. In the same year he was found guilty of contempt of court by the Sri Lanka Court of Appeal but, in 2019, whilst serving the decreed six-year term, pardoned by former President Sirisena, in a politically expedient move obviously driven by the latter’s desire to curry favour with the Buddhist majority.
In between the above mentioned episodes, this renegade, racist monk has achieved both high visibility and notoriety for his belligerent anti Muslim sentiment, expressed on widely circulated video and U-tube interviews, discussions, press briefings and public speeches. He has elevated hate-speech and anti-minority sentiment to a completely new and diabolical level. He was also responsible, a couple of years ago, for inviting and hosting in this country, Ashin Wirathu of Myanmar, another virulent racist in saffron robes, accused of inciting bloody pogroms against Muslims citizens of his country, especially the Rohingiya refugees.
On September 20, 2000, Gnanasara Thero was found guilty by the Colombo 12 Traffic Courts, in a hit-and-run incident which caused injuries to two people. Pleading guilty to nine charges, which included driving under the influence of liquor, speeding, not possessing a valid license and failing to report an accident, he was fined Rs 12,000.00; not an unusual episode in the case of an irresponsible layman but quite extraordinary for a Buddhaputhra.
The above, briefly, is the resume’ of the man selected by President Gotabaya Rajapaksa, as Chair of the Task Force to deliberate and pass judgment on legal reforms advocated by the Ministry of Justice!
With the military threat from the LTTE extinguished, despite the subsequent simmering discontent within the Northern Tamil population, the Rajapaksa government needed a different enemy to present to the Sinhala-Buddhist polity, diverting focus from other more urgent issues of governance, and to maintain the support of that polity which has always responded enthusiastically to anti-minority sentiment. Whilst the last Sinhala-Muslim riots of significance, in 1915, have already passed in to history, the animus was rekindled in the 1990s by another evangelical Buddhist preacher, Gangodawila Soma Thero, who was successful in convincing a significant segment of the Sinhala-Buddhist society that the existential danger that Muslims posed to the majority community was even greater than the LTTE peril. He was ably supported by present MP, Champika Ranawaka, in his then avatar as the leader of the Sihala Urumaya.
The Gnanasara-led BBS campaign against the Muslim polity commenced in 2013 with agitation against the “Halal” food convention, a matter which, till then, had been of no consequence in the Sinhala – Buddhist mindset. Soon thereafter, the Nugegoda branch of the “Fashion Bug” chain, a Muslim owned clothing establishment, was burnt down by a mob, reportedly led by Buddhist monks. Since then, till 2019, there have been several acts of violence perpetrated against the Muslim community in various parts of the island.
In a public interview (Hiru TV- 28/05/19) Galgoda Gnanasara, unapologetically, steadfastly, cited the Lord Buddha as the patron of his activism and by means of convoluted logic, attributing his belligerent philosophy to the teachings of the Buddha. As a more recent forerunner and advocate of his brand of nationalism, he has repeatedly cited (Lankan News- 12/08/20) Anagarika Dharmapala who has, historically, been ascribed an active role, either rightly or wrongly, in the anti-Muslim riots of 1915.
In this context the question immediately asks itself; how is it possible for an individual with an avowed, immoderate personal philosophy and a majority-centric public political agenda, function as the chair of an ostensibly impartial body, tasked to ensure the unbiased implementation of law; in short, to ensure just rule for all citizens, irrespective of gender, race and religious or political orientation?
Of course, such atrocious anomalies are not uncommon in this country; “Gonawela Sunil”, alleged murderer and convicted rapist, was released under a general pardon issued by President JR Jayewardene and subsequently made an All Island Justice of the Peace. ” Sotthi Upali”, a well known criminal and a close associate of then minister Sirisena Cooray was appointed a reserve Sub-inspector. “Beddegane Sanjeewa”, an underworld operator linked to several murders was a key member of the Presidential Security Division during Chandrika Kumaratunge’s term.
In another bizarre example of Presidential clemency, apart from the pardoning of Galagoda Gnanasara, in his final week in office, Sirisena outraged civil society by pardoning Jude Jayamaha, then facing a death sentence for murder. More recently, former army staff sergeant, Sunil Ratnayake, under sentence of death- affirmed by the Supreme Court of Sri Lanka- for the murder in 2000, of eight Tamil civilians including three children, one aged five, was pardoned by President Gotabaya Rajapaksa in 2020, in his very first exercise of this sacred constitutional right. This was followed a few months later, not unexpectedly, by a similar pardon to death row inmate Duminda Silva, former MP and Supervising MP of the Ministry of Defence. That verdict too had been upheld by the Supreme Court of Sri Lanka . Soon thereafter, in an extension of the same aberrant logic and contempt for the country’s judicial system and decent public opinion, Silva the felon was appointed Chairman of the National Housing Authority.
A Presidential pardon, according to article 34(1) of the Constitution, is preceded by a report by the judge (or judges) who tried the case in question, the Attorney General’s commentary on the report and, lastly, the recommendation of the Minister of Justice. Presumably, all responsible parties, intent on rectifying miscarriages of justice, were unanimous in their support of all the cases mentioned above!
The trend of extending political patronage and high profile positions to convicted criminals, institutionalizing the practice as an ancillary to governance, commenced with the J.R. Jayewardene regime. However, whilst Galagoda Aththe Gnanasara’s appointment emulates a tradition of unscrupulous governance, the difference is that none of the other felons cited above, after release, were assigned positions of national importance. None, apart from Duminda Silva, enjoyed significant political or public visibility prior to their convictions. They were simply professional murderers, thieves, extortionists, drug dealers, habitual rapists or what have you, plying their respective trades and indulging their appetites, largely under the public radar and when called for, carrying out illegal orders of their political masters.
As for the Task Force itself, the absence of Tamil, and Christian (reportedly) representation relegates those minorities to irrelevance. Obviously, in the minds of the government, Tamils and Christians either do not merit a voice or have no grievances, whilst a group deliberating crucial questions of law is represented only by two lawyers. Nor is there a female voice, suggesting that gender issues, if any, will be decided by men only.
Ours is a country in which the law is administered with a blatant lack of equity; convicted murderers walk free, a drunken politician threatens helpless inmates with death without fear of legal consequences and all corruption cases filed against high profile ruling party politicians, and murder cases filed against prominent armed forces personnel, are withdrawn by the Attorney General. But the police question teenager Baghaya Abeyratne for exposing the degradation of the Sinharaja, Sandhya Ekneligoda is still seeking justice a decade after her husband’s disappearance whilst in Navy custody, and the cases of over 20 murdered journalists, from Richard de Zoysa in 1990 to Lasantha Wickramatunga in 2009, remain unsolved. In this scenario, what value does this sanctimonious ” One Country- One Law” carry?
Given the violent, sullied background of the Chairman, with his recently stated intent of using the Task Force to advance the cause of the BBS- the vehicle for his ethno-centric activism- and the blatantly unequal representation and amorphous remit of the Force itself, the project becomes a parody of its self-consciously virtuous title.
In the Orwellian Dystopia that is Sri Lanka today, in which Big Brother and the family run the country as a personal fiefdom and the absurd is portrayed as the reality, and the truth is routinely challenged as being a threat to both the ruling order and national security, it is perfectly rational for Galagoda Aththe Gnanasara to head a force designed to ensure equal justice to all. Whilst most of the world is moving towards 2022, as long as the present regime lasts we are condemned to imprisonment in “1984”.
Features
Coercive laws recipe for future misrule
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.
Features
Quality assurance without quality enhancement: The irony of university QA
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.
Features
Down Memory Lane — the Grand 20th Edition!
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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