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WAR AND PEACE – GENEVA AND HUMAN RIGHTS

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Rajiva Wijesinha’s memoir reviewed by Nigel Hatch

Prof. Rajiva Wijesinha has published a slim memoir entitled “Representing Sri Lanka on his experiences at the Human Rights Council in Geneva with sub themes on Rights and Sovereignty (Godage 2021). It focuses primarily on the period 2007-2009 under Ambassador Dayan Jayatilleka in Geneva culminating in the famous adoption of a positive resolution in favour of Sri Lanka, and its aftermath which he described as “a slow self-destruction in Geneva and Colombo”.

These are themes that he has written on earlier with the latest work comprising a quartet- “Truimph and Disaster: the Rajapaksa Years Part I – Success in War (Godage 2015) recounts his time in the Peace Secretariat 2007-2009, Part II under the same title “Failures in Reconciliation” (Godage 2016) which explores his role as an MP, and “Lakmahal in War for Peace” (Godage 2019).

Rajiva is well qualified to recount his experiences – he headed the Peace Secretariat (SCOPP), was Permanent Secretary to Mahinda Samarasinghe’s Ministry of Disaster Management and HR and a national list MP who used his decentralized budget for practical welfare projects in the North/East after the war was won in 2009. A narrative of fighting misrepresentation in international fora and avoiding the “arrogance and excessive nationalism” that characterized Mahinda Rajapaksa’s presidency ( MR) after 2009.

Rajiva’s immediate justification for his latest offering is that he has not done justice to the intensity of the work undertaken on these assignments. One is immediately struck by the frenetic pace that Dayan and Rajiva kept at sessions in Geneva. In Reflections there are references to a letter he drafted to the Director HRW about a rampage against Sri Lanka a Ms. Hogg was indulging in, Radhika Coomaraswamy’s critical report on LTTE using child soldiers which also recognized the LTTE being subject to local laws.

Unfortunately the texts of these documents are not inserted although they are in an earlier work (Part I of the Rajapaksa Years) as they also reflect his sense of humour- for instance to the HRW a reference to the drunken man in a pigsty and the hog walking away to avoid undesirable company! The triumph in Geneva 2009 is described in some detail which is the high point of the book. This Resolution in 2009 (11/1) in effect welcomed the military defeat of the LTTE but also recorded the GOSL’s commitment to devolution and to ensure no discrimination against ethnic and religious groups. The negative 2012 Resolution against Sri Lanka (19/2) and how it came about is also discussed.

Sri Lanka has faced Resolutions at Geneva prior and subsequent to 2009. In Reflections Rajiva refers to an Argentinian sponsored one in 1983 after the July riots but this could not have been at Geneva as the OHCHR was established in 1993, the British Resolution tabled in 2006 but not taken up, the unsuccessful Canadian/US resolution in 2011 which was still born culminating with the ominous threat “we will get you next time”, the three Resolutions in 2012 (19/2), 2013 (21/1) and 2014 (25/1) which were carried against Sri Lanka. The “co-sponsored” Resolution 30/1 backed by Mangala Samaraweera in 2015 which inter alia contained ill-considered commitments for participation in a Sri Lankan judicial mechanism, including the special counsel’s office, of Commonwealth and other foreign judges, defence lawyers and authorized prosecutors and investigators, and consequent Resolutions 34/1 and 40/1 in 2017 and 2019 which were adopted without a vote. More recently Resolution 46/1 in 2021 which was carried in the aftermath of the present government’s decision in 2020 not to cooperate with Resolution 30/1.

But the larger issue has always been how did Sri Lanka squander its best assets in foreign policy under President MR which was inter alia a functioning democracy, checks and balances between the three organs of State despite weightage to the executive presidency, the 13th Amendment which had established devolution, Constitutional parity of status for Sinhala and Tamil languages, good faith negotiations with the LTTE despite their international proscription and their constant undermining of that process, the GOSL continuing to provide health, education and welfare in areas controlled by the LTTE despite the latter’s terrorism, defeating the LTTE militarily, and post war freer elections and infrastructure development in the North-East, demining and rehabilitation of ex LTTE cadres.

Rajiva does provide several answers in his quartet-the failure of the government to prosecute those responsible for the deaths of the Trincomalee five despite assurances and the inevitable international fallout, Gareth Evans (“self serving old rascal” ) role- his speech at the eighth Neelan Tiruchelvam memorial 2007 where he advocated R2P, the skillful manipulations of the pro LTTE Tamil diaspora in the West, false propaganda against the armed forces, disinformation and sometimes crass stupidity by gullible UN agencies ( A letter from Rajiva to the UNDP Head about not condoning LTTE pretensions at sovereignty in the context of an LTTE document on “judicial administration in Tamil Eelam”) and western envoys at Geneva and hostility by certain western nations, and of course Sri Lanka’s self-induced errors.

The latter includes personality clashes and protection of fiefdoms by Ministers in the same MR cabinet overlooking Foreign Affairs and HR, disputes between foreign secretaries and their ministers, a senior foreign ministry staffer and her disproportionate and negative influence in the MR administration, a lack of a coherent foreign policy which includes sidelining our own Ambassador and neglect of friendly States that assisted us in the almost impenetrable wall that Dayan built up as Ambassador in Geneva, Dayan’s recall from Geneva and the closure of SCOPP, failure to engage at Geneva after Dayan and of course hubris and excessive nationalism after the war was won and the failure at reconciliation.

But there are other causes as well which are reflected in the negative Resolutions at Geneva from 2012 – the need to investigate allegations of extra judicial killing and enforced disappearances, torture and reprisals against civil society and journalists, the protection of the freedom of expression, attacks on religious minorities including Hindus, Muslims and Christians. Rajiva does refer to the murder of a prominent Editor and the abduction of another in his writings but does not deal with all these issues fully. Resolution 46/1 in 2021, records the militarization of civilian government functions and the development of possible strategies for advising accountability and support for relevant judicial and other proceedings, including in Member States, with competent jurisdiction.

Rajiva’s initial foray into foreign policy started with the peace Secretariat established consequent to the ceasefire agreement (CFA) with the LTTE by Ranil Wickremesinghe (RW) when he was PM under a cohabitation government with President Kumaratunga (CBK) from 2001 to 2004 which was short lived and strained. The author served as legal advisor to CBK from late 2003 till she relinquished office in 2005.The CFA was signed by RW unilaterally without prior consultation with the President and the writer assisted Lakshman Kadirgamar, her principal advisor, in drafting responses to it. The situation forced the President to remove three Ministers including defense consequent upon a reference to the Supreme Court drafted by the writer seeking the court’s opinion on the constitutional position of the president in relation to defense.

The Easter Sunday bombings in April 2019 by Muslim extremists at which hundreds of Catholics perished in churches which took place under the President Sirisena/ RW government has compounded the human rights situation in Sri Lanka. The fallout by a failure to prevent that atrocity and identify the master minds despite several Parliamentary and Commissions of Inquiry now haunt both the former and present administration.

Rajiva writes with clarity and his views are trenchant and bold. There is a mine of information which will aid future research as well, and although he should perhaps avoid repeating some of these themes in several books and include a well researched Index, his commitment to record his experiences and not be deflected by a former President’s comment to him, doubtless well intended, “since you write only in English so how was anyone to understand” is commendable.

(The writer is a President’s Counsel and was legal advisor to the President 2003 to 2005, a Member of the GOSL delegation to India on defense matters 2004/2005 and to the UN in 2005, and a Member of the Advisory Board appointed by President Sirisena after the Easter Sunday bombings in April 2019)



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Coercive laws recipe for future misrule

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by Jehan Perera

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

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

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

Proposed Laws

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

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

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

Civil Society

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

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

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

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Quality assurance without quality enhancement: The irony of university QA

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By Ramya Kumar

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

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

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

Top-down check-box activities

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

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

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

2: And with pictures and all…

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

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

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

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

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

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

Auditing everything but power

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

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

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

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

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

Rethinking university QA

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

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

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

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

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Down Memory Lane — the Grand 20th Edition!

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Down Memory Lane: Ready to sing again

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

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

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

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

The repertoire? Absolutely magical, according to the organisers.

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

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

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

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

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

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

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