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THE WINTER ADVENTURE IN 16 COUNTRIES – Part “C”

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CONFESSIONS OF A GLOBAL GYPSY

By Dr. Chandana (Chandi) Jayawardena DPhil
President – Chandi J. Associates Inc. Consulting, Canada
Founder & Administrator – Global Hospitality Forum
chandij@sympatico.ca

… Continuing from Wales, Ireland, France, Portugal and Spain …

Reaching Morocco in a small, old ship from Spain was exciting. It was the first time we had set foot in Africa, the second-largest and second-most populous continent, after Asia. Out of around 50 African countries in 1985 (today 54 countries) we were visiting just one. We did not notice the time passing during the four-hour voyage as we enjoyed the company of three university students travelling on the ship. Robert and Fritz were from West Germany, and their university colleague, Kalik was from Morocco. On their request, we changed our original plan to visit only Tangier, a port city in Morocco. We decided to travel with them from Tangier to Casablanca, where Kalik’s family lived. That was a good decision.

MOROCCO

During the time of modern history, Morocco’s strategic location near the mouth of the Mediterranean drew renewed European interest. In 1912, France and Spain divided Morocco into protectorates. Following intermittent riots and revolts against colonial rule, in 1956 Morocco regained its independence and reunified. The Kingdom of Morocco is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to the east, and the disputed territory of Western Sahara Dessert to the south. Morocco’s population in 1985 was 22 million.

Tangier

Tangier is on the Moroccan coast at the western entrance to the Strait of Gibraltar, where the Mediterranean Sea meets the Atlantic Ocean off Cape Spartel. Many civilisations and cultures have influenced the history of Tangier, starting from before the 10th century BC. Between the period of being a strategic Berber town and then a Phoenician trading centre to Morocco’s independence era, Tangier was a nexus for many cultures. In 1923, it was considered to have international status by foreign colonial powers and became a destination for many European and American diplomats, spies, bohemians, writers and businessmen. The population of Tangier in 1985 was around 350,000.

Our first impressions of Tangier were unpleasant. Moroccan custom officers were unfriendly and delayed us for over an hour. All our bags were thoroughly checked and we were interviewed one at a time. They were suspicious as my wife and I came to the customs barrier together with the three university students we met on the ship. After we were allowed to enter Morocco, we were then harassed by a pack of aggressive touts trying to sell us drugs. To escape from them, the five of us got into a taxi. After that we went on a tour visiting an exotic Sunday market and the colourful city centre.

We spent that night in a small guest house by the port and the next day, early in the morning, we took a train to Casablanca. During the five-hour train ride, Kalik showed off his talent in singing and Fritz joined in the singing providing us with some entertainment. I taught Robert to play Gin Rummy and my wife coached him to beat me. We passed some breath-taking scenery along the coast. We did not have time to explore the capital of the country, Rabat but were pleased to have a short train stop there. We reached Casablanca, the commercial capital and the largest city of Morocco with around 11% of the nation’s population, by mid-day.

Casablanca

From the main railway station, we took a taxi to Kalik’s brother’s house in the suburbs of Casablanca. We were warmly welcomed by his brother’s family which included his two wives. After some nice mint tea and welcome snacks, we left our bags in that house and commenced our city tour. Kalik was happy and proud to act as our unofficial tour guide of this historic city. He introduced us to a few of his childhood friends living in that neighbourhood. Two of Kalik’s brothers joined us and were excited to meet the four foreigners who had come to visit their humble home with their elder brother. It rained heavily, and Kalik’s brother Abdul said, “You bring our city good luck. It has not rained like this for five years!”

The sites we visited in this vibrant city had a unique blend of Moorish style and European culture, as French Art Deco effortlessly with classic Moroccan design. We explored impressive mosques, cathedrals and palaces. We also visited the bustling Marché Central and the sandy beaches of La Corniche. Old-fashioned buildings were sandwiched between mushrooming new buildings and bad roads with potholes. Casablanca reminded us of Colombo.

Immortalized in a classic World War II era movie which won the Academy Award for Best Picture in 1942, Casablanca had always carried a romantic and intriguing mystique. However, with my efforts to find locations where the movie ‘Casablanca’ was filmed, I was disappointed to learn that it was shot entirely within California, mainly at Warner Bros. studios!

Casablanca is located on the Atlantic coast of the Chaouia plain in the central-western part of Morocco. In 1985, the city had a population of about 2.5 million (today, after 37 years it has grown to 3.7 million). It is the eighth-largest city in the Arab world. Leading Moroccan companies and many international corporations doing business in the country have their headquarters and main industrial facilities in Casablanca. The port of Casablanca is one of the largest artificial ports in the world and is Morocco’s chief port. It also hosts the primary, naval base for the Royal Moroccan Navy.

Moroccan Lamb Stew with Couscous

On our second day in Casablanca, we were keen to taste authentic Moroccan food. Kalik became excited. “My mother makes the best lamb stew with couscous. She will cook it this evening for you at my parents’ home”, he announced to our delight. One of Morocco’s most famous dishes, it is a tasty, one-pot meal which has to be slow-cooked. It is based on cooked semolina wheat to which meat and/or vegetables are added. It is cooked in a clay pot, which is hermetically sealed with a cone-shaped lid. The result is a very savoury dish because spices and herbs such as cummin, turmeric, saffron, black pepper, parsley and ginger are added.

It is unclear when couscous originated. Some food historians believe that couscous originated millennia ago in the ancient kingdom of Numidia in present-day Algeria. The word couscous was first noted in early 17th century French, from Arabic kuskus. While many people today use a fork or spoon to eat couscous, traditionally couscous is eaten with the fingers which we were prepared to do. Our two West German friends were not so sure about that, particularly when all our portions were served on one, large plate.

Kalik’s mother, Salma spoke very little English. When she heard that I was an executive chef some years ago, she was a bit nervous but soon commenced to demonstrate her cooking method to me step by step. Kalik’s duties were expanded to become an interpreter, as well. Another middle-age Moroccan lady was helping Salma with the cooking. As they were laughing and behaving like best friends, I inquired if they were sisters. Kalik hugged that other lady and said, “This is Nora, my second mother.” As we looked confused, he clarified, “Nora is my father’s second wife.”

The aroma from Salma’s dish was amazing. The saffron she had added created a strong, leathery and earthy aroma. We were impatiently waiting around a large round table to have our dinner but none of the ladies in the family sat with us. As Kalik’s father was out of town on business, Kalik acted as the head of the family in hosting us. The authentic hospitality Salma and Nora and their daughters provided was outstanding. They simply wanted us to enjoy their food, company and home. “The main ingredient in our cooking is love!” Salma told us in her broken-English. She was correct.

After dinner we were invited to stay in their house. Considering that they had eleven members of the family living in the three-roomed house, we politely declined. Kalik’s brother arranged accommodations for us in a nearby inn. Salma and Nora were too shy to pose for a group photograph with us, but eight of their children, including very, pretty teenage sisters of Kalik joined us after some gentle persuasion. They giggled the whole time.

After checking into the nearby inn for the night, we heard a loud noise from the adjoining room given to our West German friends. We heard Fritz, screaming at Robert in German, using some bad words. He was saying, “Surely I cannot use this f***ing toilet!” It was a culture shock. Squat toilets are found throughout Africa and are especially common in Muslim countries like Morocco, Tunisia, and Algeria. Essentially, they are holes in the ground equipped with a pan to sit on, rather than the seat and bowl of Western toilet systems.

THE WINTER …

Leaving Africa

Leaving Africa I became keen to explore this continent further. After a lapse of 14 years, I eventually returned to Africa in 1999 to explore Egypt briefly during a honeymoon cruise in the Mediterranean. In 2000 I was offered the position of the General Manager of the 700-room Le Meridien Red Sea in Egypt, an offer I did not accept, to pursue my second career as a university professor. In 2004 and 2005 I was fortunate to get opportunities to visit Africa for long trips on three occasions. I visited South Africa, Zambia, Zimbabwe, Kenya, Ghana, Nigeria and Botswana for work combined with leisure. My experiences and some adventures during these trips will be narrated in future episodes of this column.

Passing Gibraltar

Although we did not enter Gibraltar, a British Overseas Territory and city located on the southern tip of the Iberian Peninsula, we were pleased that our ship from Africa to Europe sailed very close to the rock of Gibraltar. It has an area of only 2.6 square miles and is bordered to the north by Spain. The landscape is dominated by the Rock of Gibraltar at the foot of which is a densely populated town area, home to over 29,000 people, primarily Gibraltans.

                                                                        BACK TO SPAIN

                                                                           Algeciras

When returning to the Port of Algeciras we realized that it is one of the largest ports in Europe and the world in terms of containers, cargo and transshipment. Algeciras is principally a transport hub and industrial city. It serves as the main embarkation point between Spain and Tangier and other ports in Morocco as well as the Canary Islands and the Spanish enclaves of Ceuta and Melilla. It is ranked as the 16th busiest port in the world.

The city also has a substantial fishing industry and exports a range of agricultural products from the surrounding area, including cereals, tobacco and farm animals. Gradually it was becoming a significant tourist destination, with popular day trips to Tarifa to see bird migrations; to Gibraltar to see the territory’s sights and culture; and to the Bay of Gibraltar for whale watching excursions. We boarded another night train to reach Valencia.

Valencia

Valencia is the third-most populated municipality in Spain, with 750,000 inhabitants in 1985. It is also the capital of the province of the same name. It is one of the major urban areas on the European side of the Mediterranean Sea. Valencia was founded as a Roman colony in 138 BC. Islamic rule and acculturation ensued in the 8th century. After a Christian conquest in the 13th century, the city became the capital of the Kingdom of Valencia.

The city’s port is the fifth busiest container port in Europe and the busiest container port on the Mediterranean Sea. Valencia is famous for the City of Arts and Sciences, the Valencia Cathedral, the Old Town, the Central Market, and as the birthplace of paella. As recommended by a Spanish couple in our train, we decided to taste the authentic Valencian paella during our short visit. One of the most well-known Spanish dishes abroad, paella originated in Valencia.

While watching the chef of a small café cook the paella in a large, flat pan with chicken and rabbit, we made a quick request. We preferred he did not include rabbit in our dish but he was not happy. “Rabbit is an essential item in Paella Valenciana” the chef grumbled, but changed his recipe specifically for us. I observed his cooking method closely. After browning the pieces of chicken in olive oil, he added green beans (originating from Valencia), Garrofón butter beans, tomato, saffron and water. Rice was the last ingredient added to the reduced broth. The most commonly used rice in paella in Spain is called Bomba. It’s a short-grain rice cultivated in the eastern parts of Spain. It absorbs liquid very well, but stays quite firm during the cooking process. It is often referred to as paella rice.

Barcelona

I loved Barcelona, as it is very rich in art and architecture. The fantastical Sagrada Família church and other modernist landmarks designed by Antoni Gaudí dot the city. Museum Picasso and Fundació Joan Miró feature modern art by their namesakes. The City History Museum with several Roman archaeological sites, enhance the value of this great destination. Founded as a Roman city in the Middle Ages, Barcelona became the capital of the County of Barcelona. It was wrested from Arab domination by the Catalans, in the late 15th century. Barcelona has a rich, cultural heritage and is today an important cultural centre and a major tourist destination.

As I was getting ready to explore the city on our second and last day of the stay, we had to suddenly change our plans. My wife had taken ill and was shivering with a very high fever. The lady who owned the guest house we stayed in the middle of Barcelona was very kind and helpful. At age 24, my wife was the same age as the guest house owner’s daughter. She prohibited us from travelling further until my wife had recovered fully. I realized that my plan was too structured and too ambitious. We took a break and stayed in Barcelona for four days. I changed my role from an adventurous traveller to a care-giver.

Will continue in next week’s article: THE WINTER ADVENTURE IN 16 COUNTRIES – Part “D”,

with adventures in France, Italy, Yugoslavia, Bulgaria and in the boarder to Romania …



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Features

Independence of the judiciary, democratic governance, and dismantling of the executive presidency:

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NPP manifesto promises to abolish the executive presidency

the basis for drafting a new constitution

By Savitri Goonesekere

( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. )

Today there is so much confusion: what is Constitutionalism? What is a Constitution? Why do we need a Constitution? We must recognise that, it has been civil society, including professionals in this country, who have always articulated a voice on issues of public concern. If you remember the time of COVID, we had the medical professionals articulating a voice because this was a matter of public concern. So, the Bar Association, too, has expressed views  on public concerns. We have with us this evening,  President’s Counsel Mr. M. A. Sumanthiran, and Mr. Geoffrey Alagaratnam, and we will have President’s Counsel Mr. Saliya Pieris, who will join us later.

They and many other leading lawyers have always led from the front. And in that regard, in the case of the legal profession, inevitably there are areas of public concern that necessarily mean that they have to call the government to account. When that happens, the Bar Association is required to question government’s action or inaction including their policies

Now, in the past, I don’t think it was as bad as today, because today we have such adversarial, confrontational politics that if by any chance—and an unlucky chance—the Opposition’s stand on a matter happens to coincide with that of professionals, then there’s a delegitimisation of the professionals. That  is wrong because professionals must have the courage to speak for their profession, even when they question the government. Constitutionalism and Constitution-making, to be functional, must have bipartisan consensus. When that is not there, even professionals who articulate a voice are seen as either anti-government, against government, or worse, lackeys of the government.

I think citizens should be aware of these realities, and therefore reflect on what it means to have a Constitution. What is a Constitution? A Constitution is, after all, the basic law of a country which will regulate the governance system. And to regulate a governance system, you have to have a framework for governance.  The framework for governance also then will have to have institutions of governance. That would be what you call the system of governance. Now, those institutions of governance also have to be embedded and linked with some values, and a values framework.

In the 20th and 21st centuries, we have basically two forms or frameworks of governance. One is Democracy. The other is what we call centralised power with perhaps a single leader. That kind of governance does not focus in the way that Democracy does on the Sovereignty of the people, the rights and liberties of citizens of the country. Therefore, we need to understand in Constitution-making where we stand. Is it going to be for Democracy or is it going to be for another form of government? And I say this because today we’re constantly talking of the Democratic deficit, the failures of Democracy. Contrasted with that are countries which have strong leadership, single leadership, supposed to propel our counties into economic growth and a wonderful future.

In that context, therefore, we need to ask ourselves: what is the value in Democracy? Now Democracy, we must understand, was born of an evolutionary framework developed from a time when there was single leadership by a king, a monarch.  Democracy didn’t come overnight. It had to dismantle monarchy and single leadership, and that’s what it did. Historically we know that basic ideas on Democracy as a form of governance can be traced  to the Greek civilisation and  time of what we call the Western Enlightenment.  It was the Western Enlightenment that brought together these ideas of the Sovereignty of the People, a social contract between government and the People who are governed, and the central importance of the People of a country. That is Democracy. That did not come overnight. It took centuries. It took ideologies. It took thought. It required struggle born also of blood and tears.

Today we dismiss Democracy and this history and say, “Oh, it is elitist liberalism.” But we must not forget that Democracy was born as an evolution from monarchy and single leadership, replacing this with the concept of government that respected the rights of the Sovereign people. The central importance of the Sovereign Peoples  rights to be protected from abuse of state power is the foundation of democracy as a form of governance. The European countries and the UK engaged with that system of governance.

By 1948, when the UN Charter and the International instruments were  drafted, there were two different approaches to governance. One was the Western tradition  born of their experience evolving from monarchy to People’s rights and People’s sovereignty that focused on civil liberties: freedom from torture, freedom of speech, freedom of expression, freedom to protest—those are civil liberties. But the weakness was that there was no recognition of social and economic rights as the rights of the people: that was absent in that tradition.

On the other hand, there were  member states from the Communist countries, which had the centralized, authoritarian system of governance. They did not  recognise civil liberties, but focused on meeting all their people’s social and economic needs as rights: health, education, shelter.

In 1948, we must remember that there were therefore two major international treaties or covenants:  one, a Covenant on Civil and Political rights, and another one  on Economic and Social rights.  That was the Cold War period. But then subsequently through the years, there were changes. In the 1990s, there was the flowering of the human rights tradition. Member states of the UN came together at the Vienna World Conference in 1993, which then recognized that ALL  these rights should be human rights of peoples across the globe

So, the Western liberal civil liberties tradition,  linked with that of the countries of the Global South like Malaysia, China, and Russia—which recognized and gave importance to social and economic rights. And then a consensus developed that ALL these rights are important; they are “indivisible.” We witnessed this in the 1990s, and the early years of this millennium  in the development of  many international Conventions which declared human rights on the basis of both civil liberties and social and economic  rights.

One would have thought that we would achieve a global consensus on the broadening of the meaning of democracy and a movement away from this concept of strong leadership without civil liberties. But we have not had that.  In place of that, we have had a decline in multilateralism in the UN system, giving way to bilateralism, once again back to this focus on two systems: Democracy or strong single leadership.

In this global context, let us compare the situation in countries like ours, which experienced  decolonization: countries which knew the impact of colonialism. What happened in those countries? These civil liberties, the legacy of the colonial powers, were used in freedom struggles. They were used to dismantle colonialism. That is why the idea that this liberal tradition of civil rights is a colonial white man’s sudda-law should be challenged. Because this is not so. These countries of South Asia and Africa internalised the values of Democracy, the systems of governance known as Democracy, and built for their nations Constitutions which recognized the importance of civil liberties and control of state power And you see this in India, you see this in Nepal, you see this in Sri Lanka: we had the same concepts of the importance of civil liberties in Constitutionalism. But we focussed on civil liberties. Social and  economic rights in the Vienna Convention were considered only as social policies, following the Western tradition on people’s rights.

And what is the meaning of Constitutionalism? The Sovereign people have given their consent to the rulers to rule subject to protection of THEIR rights. And that means that Constitutionalism must prevent the abuse of State and Government power. . Today sometimes we talk of authoritarian Constitutionalism, we talk of abusive Constitutionalism. That’s a contradiction. If Constitutionalism is to prevent abuse of state, government power, you can’t have authoritarian constitutionalism or abusive constitutionalism. What you can say is you can abuse of constitution making process to embed an authoritarian system of governance.

So, we must now, therefore, recognise that even today, if we say there’s a Democratic deficit, this system of governance has been used in our countries to give a better quality of life to our people. There have been failures; there are dysfunctional areas, but that does not mean you have to reject something which has been a powerful force for recognising the importance of the citizens of a country.

I think today when we are challenged with all this talk on the deficit of democracy, the importance of single leadership and authoritarian governance to deliver development,  we must stay the course and say: “No, for Sri Lanka, from 1948 we have had Democratic governance.” Governments  have not delivered in many areas—true—so the challenge is to focus on Constitutionalism in a new Constitution. Priority must be given to help the government  to deliver on the gaps that we have, and ensure the well-being of our people. Constitutionalism must be the basis for drafting a new constitution.

I think we have to also challenge this often-repeated statement that we have a “78-year curse” in governance. We have had deficiencies, but we have had Democratic governance. Central to that has been regular elections and the resilience of the People. Also, the contribution of the courts of this country, the lawyers of this country in ensuring that there has been some accountability in governance.

Some of you may not remember, but I have lived through dark times. I have witnessed the horror of the murder of a dear student, a politician whose head was cut off by the JVP—the Deshapremi at that time—and stuck on his gate. He had young children. I have gone with my husband in dark curfew streets to help clear a body for burial, where the first person who opened the poll,  a relative, was killed at the General  Election the JVP prohibited.

So, we in this country have lived through dark times. But we also have moved from that dark past to a point where those involved in an armed struggle the JVP entered into the democratic political process.  They did so in 1994. Having come into that political process, the Democratic process, it is a commitment made to the people. We  must hold this government with its JVP partner to deliver on Democracy,  and not any other system of governance.

Let us look at our history of Constitutionalism and Constitution making. What is our history? 1948: we had the parliamentary system.  We had, particularly in relation to the minorities, decisions of the appeal courts which have been criticised, which did not take into account minority rights. So, there were deficiencies.  But we had a written constitution, we had courts, we had public administration and law enforcement systems that functioned. That was the dividend of post-independence freedom and political autonomy in Sri Lanka.

Then in 1972: with a massive mandate, we had a government which again brought in the 1972 “autochthonous” or home grown constitution. But what did it do? In fact, it interpreted the Sovereignty of the People as the Sovereignty of Parliament and parliamentarians. And that made Democracy dysfunctional.  There is a recorded history of the abuse of power that took place at the time, including the conflict with the courts.

Now change was promised in 1978 Constitution.  The people gave a massive mandate for a Dharmishta anduwa. And then what happened ? Again, we put in place all the democratic institutions as we know them, the system of democracy familiar in the liberal tradition.  But a huge gap was the aggrandizement of power in the strong Executive Presidency, which has led to decades of problems in the governance of this country.

The Executive Presidency of 1978 has destabilised what were good public institutions. It has contributed to an ethos where, in institutions, the person who is considered the boss is supposed to lead, and everybody else does not question him/her. That happens in the public sector today in many institutions, and I’m told (and it looks like it does) that sometimes this also happens in the private sector. So, we have developed what you call a boss-man culture which seeps down to society, not just public institutions and governance. The Executive Presidency, therefore, has contributed to the weakening of many public institutions and also, to a large extent, a culture of corruption, and abuse of power.

This decline has been understood, and because it has been understood, since the year 2000 we have been asking for a new Constitution that will eliminate the Executive Presidency. Successive political leaders including the current President and their political parties have pledged in election manifestos to do this. At least the Chandrika Bandaranaike government fulfilled that promise and brought such a constitution in 2000 to abolish the Executive Presidency and strengthen the democratic institutions to achieve accountable governance to the People.   Unfortunately, a subsequent and recent executive President and his party tore that Constitution  to shreds in Parliament. That was 2000.

(To be continued)

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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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