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22A is 19A Minus and does not help alleviate crisis

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By Dr. Jayampathy Wickramaratne,
President’s Counsel

The long-awaited 22 nd Amendment to the Constitution Bill (22A) of the Gotabaya-Wickremesinghe government (or, should we say, the SLPP Government in which UNPer Ranil Wickremesinghe is Prime Minister?) was published in the Gazette on 29 June 2022. This means it could be placed on the Order Paper of Parliament seven days after that. Citizens and citizens’ organisations would be able to challenge the Bill in the Supreme Court within seven days of the Bill being so placed. As this is a constitutional amendment requiring a two-thirds majority in Parliament, the only question that can be raised before the Court is whether the People must approve it at a Referendum.

President Gotabaya Rajapaksa has just finished the first half of his term. The 20 th Amendment to the Constitution (20A) that he and the SLPP said was essential to develop the country by strengthening the Presidency is just 20 months old. What happened under his watch need not be recounted. The attack on the Aragalaya by SLPP goons, obviously with the blessings of highly placed leaders, led to the resignation of Premier Mahinda Rajapaksa. The President, with all his powers, could neither stop the attacks nor the violence that ensued all over the country. It was then that the beleaguered President offered to go back to the 19th Amendment to the Constitution and even hinted that he was amenable to the Parliament deciding to abolish the Presidential form of government, two of the main demands of the Aragalaya and also of the majority of the people. A survey conducted by the Centre for Policy Alternatives (CPA) in April 2022 revealed that 74% of the respondents wished for the complete abolition of the Executive Presidency compared to 50.3% in October-November 2021. The results of the “Mood of the Nation” poll conducted by Verité Research show that the Government’s approval rating for June 2022 is a mere 3%.

The SLPP and President Gotabaya then pulled a masterstroke by inviting the UNP’s lone MP, Ranil Wickremesinghe, to be Prime Minister. This was a setback to the Aragalaya, with many of its upper and middle-class supporters thinking that Wickremesinghe had a magic wand to cure the country of the economic ills caused by the Rajapaksas. Such hopes are receding fast, but the country is yet to see the Aragalaya picking up again, although that will be only a matter of time.

That the Government is making good use of the sense of hopelessness amongst the people is clear from the contents of 22A. It is nowhere near what was promised.

President’s powers regarding PM and Ministers and dissolution of

Parliament

Under 19A, Ministers and Deputy Ministers were appointed by the President on the advice of the Prime Minister, a provision that significantly strengthened Parliament. The power that the President had to remove the Prime Minister at will was taken away. The unconstitutional removal of Premier Wickremasinghe by President Sirisena resulted in the infamous 52-day constitutional crisis, which ended in a massive defeat for the latter. 20A did away with many of the provisions of 19A, including the requirement that the President should appoint Ministers and Deputy Ministers on the advice of the Prime Ministers. The President’s power to remove the Prime Minister was restored.

22A seeks to bring back the requirement of the Prime Minister’s advice, but there is a catch. It would not apply during the present Parliament. Where the President is of the opinion that the Prime Minister has lost the confidence of Parliament, the Prime Minister can be removed but only during this Parliament. Under 19A, the removal of the Prime Minister was a matter solely for Parliament. The Cabinet of Ministers stands dissolved if Parliament passes a vote of no-confidence on the Government or the statement of government policy or the Budget is defeated — Article 48 (2). One recalls the occasion such a thing happened under 19A. Although Mahinda Rajapakse was appointed to replace Wickremesinghe who was unconstitutionally dismissed, Speaker Karu Jayasuriya recognised Rajapakse as Prime Minister as there was no court order to the contrary. Rajapakse was given the Prime Minister’s seat in Parliament and was referred to by the Speaker as “Hon. Prime Minister”. Immediately after a vote of no-confidence against the Government was passed, the Speaker referred to Rajapakse as “Hon. Member Mahinda Rajapaksa”. Rajapakse did know what hit him and was visibly upset.

The provisions of Article 48 (2) have been retained under 20A as Article 49 (2) with identical wording, and 22A does not seek to make any change thereto. When the Constitution is so clear as to how the Prime Minister can be dismissed along with the other Ministers by Parliament, why allow the President to dismiss a Prime Minister at all? That a new Prime Minister appointed to replace the one that has been removed by the President can be defeated on the floor of the House or that the removal can be challenged in the Supreme Court is no answer. Why open the doors to manipulation in the meanwhile? The country saw the horse-trading that followed the removal of Premier Wickremesinghe. Some MPs were one day with Sirisena and Rajapaksa and the next day with Wickremesinghe. The number of times a particular MP crossed sides defied counting. Empowering the President to remove the Prime Minister while Article 49 (2) is retained is arbitrary and violates the fundamental right to equality and equal protection guaranteed by Article 12 (1) of the Constitution. It also undermines Parliament and thus the sovereignty of the People guaranteed by Article 3. The writer submits that this would require approval at a Referendum.

Under 19A, the President could have dissolved Parliament within the first four and a half years only if Parliament requested dissolution by a two-thirds majority. 20A changed this to provide that the President could dissolve Parliament during the first half of its term if Parliament so requested by a simple majority. 22A does not seek to change this.

Constitutional Council

Under 19A, the Speaker, Prime Minister and Leader of the Opposition were ex officio members of the Constitutional Council (CC), while the President would nominate one MP. Five persons were nominated jointly by the Prime Minister and the Leader of the Opposition, two of them being MPs. In making such nominations, they were required to consult the leaders of political parties and independent groups represented in Parliament to ensure that the CC reflects the pluralistic character of Sri Lankan society, including professional and social diversity. One MP was nominated by the MPs belonging to parties other than those to which the Prime Minister and the Leader of the Opposition belonged. The three persons from outside Parliament shall be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Parliament shall approve their nomination. In practice, such approval was a mere formality as they were nominated jointly and after a consultative process.

22A, while re-establishing the CC, seeks to make a crucial change. The five persons referred to are not appointed pursuant to the joint nomination of the Prime Minister and the Leader of the Opposition. One MP is nominated by the Government Parliamentary Group, and the other MP is nominated by the party to which the Leader of the Opposition belongs.The three persons from outside are nominated not jointly by the Prime Minister and the Leader of the Opposition but by the Speaker in consultation with them. The smaller parties are not consulted.

Several issues arise. If the Speaker is partisan (and there have been several such Speakers), the Government could ensure that all three CC members from outside are their own nominees. The Government, by virtue of its majority, would have no difficulty getting Parliamentary approval. The smaller parties would have no say in the nomination of these three persons. Thus, in the current Parliament, parties such as the TNA, NPP, EPDP, TNPF etc., who together account for twenty-five MPs, would not be consulted.

22A says that in nominating the two MPs and the three persons from outside Parliament, the Members of Parliament shall ensure that the CC reflects the pluralist character of Sri Lankan society. This would be most difficult as they would be nominated by separate processes. Under 19A, on the other hand, that was ensured as the nomination was jointly by the Prime Minister and the Leader of the Opposition after consulting the leaders of all parties in Parliament.

More time to challenge Bills

The 1978 Constitution originally provided for a Bill to be published in the Gazette seven days before it is placed on the Order Paper and for a challenge to the Bill to be made in the Supreme Court within one week from there. 19A extended the minimum period for publication to fourteen days. 20A reverted the period to seven days. 22A makes no change but seeks to increase the period for a challenge to fourteen days. This is salutary.

A damper on a consensus government

It is now clear that for Sri Lanka to obtain international assistance to tide over the present crisis, there must be an administration that enjoys cross-party support. This does not necessarily mean that all parties in Parliament must be represented in the Cabinet of Ministers or that party leaders should be in the Cabinet. One party might opt out of the Cabinet but still support the administration. Another party might decide it would be represented in the Cabinet by a few senior members but not by its leader.

If 22A becomes law in its present form, no opposition party or even MPs who have opted to be independent would be inclined to join the government because of the powers that the President would continue to have during the term of this Parliament.

22A proposes that the current President would retain the powers mentioned above during the term of the present Parliament and not during his entire term. This gives us an indication of the President’s current plan. Clearly, he has no intention of calling a general election during his term of office. If he had, 22A would have provided that the said powers would be retained for the complete duration of his period. It also shows that the SLPP knows it will be defeated if a general election is held ahead of time.



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The gambling that wears a suit: Forex, commodities and CFD Trap – III

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by Prof. C. A. Saliya

(The third instalment in a five-part series on the business of gambling, legal and illegal.)

Somewhere in the fine print of every trading app you’ve ever seen advertised on social media, there’s a sentence that almost nobody reads all the way through. It usually says something like this: “77% of retail investor accounts lose money when trading CFDs with this provider.”

Read that again. Not “some people lose money.” Not “trading carries risk.” Seventy-seven out of every hundred ordinary customers who sign up and put their own money in, lose it. And that number isn’t a scandal uncovered by an investigative journalist. It’s a legally required disclosure, printed by the company itself, sitting quietly at the bottom of the same advertisement promising you financial freedom.

Now imagine a casino was legally required to put a sign on its front door reading: “77 out of every 100 people who walk through this door will lose money.” Would anyone still walk in? Probably far fewer than they do today. And yet millions of people, a good number of them here in Sri Lanka, drawn in through Telegram groups, YouTube “gurus,” and slickly produced Instagram ads, open trading accounts every year, often with no idea that the product they’ve just signed up for behaves, mathematically, almost exactly like a casino game.

What a CFD actually is in plain language

CFD stands for “contract for difference.” Strip away the jargon and it means this: you’re not actually buying gold, or oil, or US dollars, or shares in a company. You’re placing a bet with a broker on whether the price of that thing will go up or down over some period of time, usually 24 hours. If you’re right, the broker pays you the difference. If you’re wrong, you pay them.

That alone isn’t necessarily gambling, plenty of legitimate financial hedging works this way. What tips it firmly into gambling territory is leverage. Most CFD and forex platforms let ordinary customers control a position many, many times larger than the money they’ve actually put in, sometimes 50 or 100 times larger. That sounds thrilling, because it means a small price move in your favour turns into a big profit. It also means a small price move against you wipes out your entire deposit in minutes, sometimes seconds. Currency and commodity prices wobble up and down constantly, for reasons that have nothing to do with any individual trader’s skill or analysis. Leverage simply turns that normal, everyday wobble into a coin flip with your rent money.

And underneath all of it sits something called the spread, the small gap between the price you can buy at and the price you can sell at. Every single trade you make, win or lose, hands the broker a slice through that spread. It costs the broker nothing to run more of them through the system. It is, in every meaningful sense, the exact same mechanism as a casino’s house edge on a roulette wheel, a guaranteed cut for the house, built into the game before a single card is dealt or a single trade is placed.

The numbers behind the disclosure

That 77 percent figure isn’t an outlier. Britain’s financial regulator found, in a review of the industry, that 82 percent of CFD customers lost money. Regulators across Europe studied 10 different countries and found the average retail customer lost somewhere between roughly €1,600 and €29,000 trading these products. Academic researchers, who have studied trading apps directly, including their “practice mode” demo accounts, found something else troubling: many of these apps are deliberately designed using the same psychological tricks as gambling apps. Near-miss messaging that makes a losing trade feel like it was almost a win. Streak counters. Push notifications nudging you back in right when you’ve stepped away. The researchers’ own conclusion was blunt: this “supports comparisons with gambling, where an overwhelming majority loses money.”

To be fair to the trading industry, it has a real counter-argument, and it deserves to be heard rather than dismissed. Genuine investing and trading, done properly, does involve skill, understanding a market, managing risk, not betting more than you can afford to lose, using regulated brokers who are supervised by real financial authorities. Nobody sensible would say buying shares in a well-run company is “gambling” in the same sense as a slot machine. The industry’s argument is that CFDs, used responsibly by informed traders, sit closer to that end of the spectrum than to a casino floor.

The trouble is that “used responsibly by informed traders” describes almost none of the customers these apps are actually advertising to. Nobody runs a slick Instagram campaign targeting sophisticated hedge fund managers. They target 19-year-olds with a bit of spare cash and a phone.

The Sri Lankan blind spot

Here is where this story becomes genuinely local, and genuinely urgent. Sri Lanka’s new gambling law, the one creating a single Gambling Regulatory Authority to oversee casinos, card games, and betting, has nothing to do with any of this. Forex and CFD trading falls under an entirely different part of the government’s rulebook, treated as a financial services matter for the Central Bank and securities regulators, not as gambling at all. On paper, that makes sense: trading involves real financial markets, real currencies, real commodities.

But in practice, it creates a gap you could drive a truck through. A card game at a funeral house, played for a few hundred rupees, falls under strict 19th-century anti-gambling law. A trading app that can empty a young person’s entire savings account in an afternoon, using exactly the same psychological hooks as a slot machine, falls under none of it, no age verification standard built for gambling harm, no loss limits, no cooling-off periods, no self-exclusion registers.

Meanwhile, unlicensed offshore forex “signal groups” and trading channels, plenty of them explicitly targeting Sri Lankan youth through Telegram and WhatsApp, operate almost entirely outside any meaningful oversight at all, local or foreign.

There’s a newer wrinkle worth a mention too: cryptocurrency trading and crypto-based gambling products increasingly blur into the exact same category as CFDs, some analysts value the global crypto gambling market in the tens of billions of dollars, though even the experts disagree wildly on the real number, which tells you how little anyone is actually tracking this corner of the industry closely.

The question this instalment leaves open

So here’s the question worth putting to Sri Lanka’s policymakers, and to readers thinking about their own accounts: if a product produces the same loss rates as a casino, uses the same psychological design as a betting app, and overwhelmingly targets the same young, inexperienced customers as illegal gambling operators, does it matter, for the purposes of protecting people, whether we call it “trading” or “gambling”? Right now, in Sri Lanka and in most of the world, the label is doing an enormous amount of legal work that the underlying product doesn’t actually earn.

We’ll return to this exact tension in our final instalment, when we ask what genuinely joined-up gambling regulation would look like, one that judges a product by what it does to the people using it, rather than by what its marketing department decided to call it.

Next week,

Part 4 heads to the racecourse, the one form of gambling that has stayed legal almost everywhere on Earth for centuries, to explain, in plain English, exactly how a bookmaker guarantees itself a profit no matter which horse crosses the line first.

Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.

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Addressing human rights needs multi-pronged approach

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Volker Türk

by Jehan Perera

The ongoing 63rd session of the United Nations Human Rights Council, which runs from September 7 to October 7, 2026, in Geneva is important to Sri Lanka. Its outcome will send a signal to other international actors, including the European Union, as to whether Sri Lanka’s reform policy is on track. The written update on Sri Lanka, prepared by the Office of the United Nations High Commissioner for Human Rights under High Commissioner Volker Türk and presented by Deputy High Commissioner Nada Al-Nashif, has taken a more holistic approach to the government’s performance over the past year. It acknowledged the progress Sri Lanka has made under the NPP government in relation to accountability for financial fraud and other economic crimes. At the same time, the High Commissioner’s update made clear that progress in relation to economic crime cannot be equated with progress in relation to accountability for grave human rights violations committed during the armed conflict and in other periods of political violence.

The government may have felt sufficiently confident that its response to the High Commissioner’s update could be handled by its representative in Geneva and did not require the attendance of Foreign Minister Vijitha Herath. Sri Lanka’s representative Sumith Dassanayake called for a fundamental review of country-specific mandates within the UN Human Rights Council. Sri Lanka has been facing repeated scrutiny in the form of successive UNHRC resolutions from 2012 onwards. Ambassador Dassanayake argued that such mandates should not continue indefinitely and must be regularly assessed against measurable objectives and tangible outcomes. This may reflect confidence that its record of reform is beginning to receive recognition internationally. The reports and statements at the Human Rights Council acknowledged progress in the government’s efforts to address corruption and economic crime.

The government’s anti-corruption drive has included investigations into allegations involving individuals who held the highest political offices in the country. The arrest of former President Ranil Wickremesinghe in connection with alleged misuse of public funds, and the investigation into the controversial SriLankan Airlines Airbus transaction involving former President Mahinda Rajapaksa’s son, are examples of the reach of these investigations. The arrest of SLPP National Organiser and Member of Parliament Namal Rajapaksa in connection with allegations relating to the Airbus purchase scandal has also demonstrated that the government is willing to pursue cases involving politically powerful figures.

Wide Range

The ongoing investigations appear to encompass a wide range of parliamentarians and government members, both past and present. They suggest that accountability for corruption is not being confined to lower-level officials or to individuals who lack political influence. This is precisely the kind of accountability that the public has long demanded and that previous governments have too often failed to deliver. The government is also reaching into the upper levels of the military hierarchies of the past. The case in which 11 young men, most of them Tamil, disappeared after being abducted in Colombo between 2008 and 2009 involved allegations that some families were asked to pay ransoms. The investigation into this case has reached senior military figures. The willingness to pursue such cases is important because it challenges the assumption that those who exercised power during the war are beyond the reach of the law. Such cases would provide a practical test of whether the government’s commitment to accountability for economic crimes is part of a broader commitment to the rule of law.

Success in prosecuting corruption cannot substitute for justice for those who were unlawfully killed, disappeared, tortured or otherwise victimised. The UN report noted that there had been no recognition or accountability for crimes under international law, gross human rights violations and serious violations of international humanitarian law committed by all parties during the war. The government has yet to establish a credible and effective process to address the many cases of enforced disappearance, extrajudicial killing, torture and other serious violations. The government needs to take the international commitments it has inherited on human rights issues seriously. It needs to adopt a multi-pronged approach and go beyond focusing primarily on financial and corruption-related accountability.

Need Action

As a member of the international community, Sri Lanka has a responsibility to abide by the commitments it has made. It cannot selectively uphold international obligations postponing those that are politically difficult. Also, as a small country, Sri Lanka has a self-interest in ensuring the survival of international law, which is all that it has to protect it from the depredations of the bigger international actors. The erosion of international law by powerful states makes it all the more important that smaller states uphold the principles on which the international system is based. Sri Lanka cannot credibly appeal to international law when it is threatened from outside while disregarding its own obligations within. Sri Lanka also needs to win the confidence of its own population that it is committed to justice and equality for all. Public opinion polls and community-level research have disclosed that ethnic and religious minorities are appreciative of the sense of greater security they enjoy under the present government from ethnic or religious extremists.

But a sense of security is not the same as the fulfilment of rights. As far as the Tamil people are concerned, the government has yet to deliver on several of its specific promises. These include the long-standing problems of missing persons, the release of political prisoners who have been members of Tamil militant organisations, and the return of land taken over for military purposes during the war. The issue of Buddhist statues and archaeological sites found on their properties which are then taken from their control continue to trouble them especially as they see no signs of resolution of those disputes. The issue of pastureland in the east of the country in Mylathamadu is particularly concerning to them as they see orders by successive presidents, both President Ranil Wickremesinghe and President Anura Kumara Dissanayake, being disregarded on the ground. The Mylathamadu pastureland dispute is where traditional Tamil dairy farmers have engaged in multi-year protests against the ongoing encroachment of their ancestral grazing lands by Sinhalese crop cultivators relocated under government development schemes.

The government’s failure to hold Provincial Council elections is particularly troubling. The provincial council system is the only one that can provide the Tamil people and other ethnic minorities the opportunity to wield political power and exercise a measure of self-determination in the areas in which they are the numerical majority. The continued postponement of Provincial Council elections therefore has consequences that go beyond an ordinary electoral delay. It deprives communities of an important constitutional avenue for democratic participation and power-sharing. The ethnic and religious minorities appreciate what the government is doing in the larger national interest, but they must not be made to feel that their special concerns are being ignored. The government cannot resolve Sri Lanka’s entire legacy of rights violations overnight. But it does need to demonstrate that it is willing to move forward on multiple fronts, not only on a few.

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The emptying university: why are academics leaving?

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by Hasini Lecamwasam

Brain drain in Sri Lanka is at an all-time high. The latest Human Flight and Brain Drain Index for 2024 shows that we are 16th of 175 countries on this count, and first in South Asia. That this is a crisis goes without saying. Brain drain affects all sectors, and is a huge strain on the resources of a developing country. Particularly in Sri Lanka, where considerable public investment is made in the moulding of professionals through the system of free education, this amounts to transferring the resources of poorer countries to richer ones with top migration destinations. It is, therefore, important to consider the push and pull factors behind skilled outmigration, specifically from the public university system of Sri Lanka, a key focus of the Kuppi column.

From frustration to exit

Several bitter realities in our crumbling public university system act as push factors in the migration decisions of academics. Many essays on this column have, over several years, attempted to highlight numerous aspects of this erosion. Perhaps, primary among them is the lack of adequate funding, which has debilitating ramifications for the system: very little investment is made in the up-keep of infrastructure (and even less in its expansion), resulting in serious constraints in accommodating growing batches of students and the wellbeing of the staff (particularly in regional universities); research funding is negligible, severely curtailing academics’ ability to effectively discharge their primary duty of teaching which should ideally be informed by their research (and the research of others, access to which is also, unfortunately, mediated by funding); a funding crunch also means a slash in (or greater constraints on) recruitments, increasing the workloads of academics, currently in service, and eating into the quality of their teaching and research.

What recruitments are done frustrate those with any faith in merit. As many of our interventions in this column have shown, recruitment processes are characterised by archaic selection criteria that place very little weight on a candidate’s postgraduate growth and the advantages of interdisciplinary training. Added to this is the general preference for ‘culturally compliant’ candidates who would not rock the boat too much. The combined effect is that those with the capacity and spirit to try out innovations in education are discouraged from joining or staying on in the public university system. Some, or many, of them may instead seek appointments abroad.

A thread that binds all of these problems together is pervasive hierarchy which, again, many interventions on this column have sought to highlight. It is the interest in preserving hierarchy that leads to the preference for alumni in recruitment processes. Hierarchy within universities can be particularly frustrating for younger faculty and women, who typically have to bear the brunt of the workload of their senior, often male, colleagues. In a context of funding, and, therefore, recruitment, restrictions, this translates into a disproportionate burden being placed on junior (usually female) faculty, seriously hindering their prospects of growing into successful academics due to the time constraints within which they have to operate. Junior academics, therefore, are more likely to look to educational institutions abroad for what they hope would be a different work culture that respects them more.

Ideological ruses

On top of these structural frustrations are also the workings of neoliberal ideology. For one, the nature of relations between the global metropole and peripheral countries like Sri Lanka largely dictates what is desirable and what is not. The apparent lifestyles of Western countries – from food to clothing, housing, appliances, and so on – have continued to lure people from the periphery with the promise of a ‘better’ life, alongside better career advancement opportunities. This, of course, masks much of the struggle that goes on behind the scenes to survive in Western societies. For instance, in most cases highly attractive public infrastructure such as roads, public transport, clean air, quality control of food, and so on belie the astronomical privatised costs of healthcare and education. Health insurance is usually mandatory and steep in most high-income settings, while even subsidised education (for which eligibility criteria are strict) creates a serious dent in household earnings. Of course, the happy images of glossy trams and gleeful international travellers don’t convey this.

A second ideological ruse is the myth of greater opportunities and recognition abroad. While there is no denying that local skilled sectors – be it higher education, health, civil service, or private white-collar positions – are replete with issues that inhibit merit-based professional advancement, the notion that things are fundamentally different in Western countries stems from an uninformed optimism. As is now increasingly known and discussed, Western labour markets are notoriously racialised, and equivalent skills are rarely treated as such. Instead, it is usually demanded that skilled migrants clear certain formal examinations in their host countries. In fields like medicine, this is followed by an interview that may also be racially prejudiced. Once these initial steps are cleared, remuneration reverts to square one irrespective of experience accumulated abroad, not to mention the many subtle aggressions, rejections, and trials one has to go through in the negotiation of everyday life. In the many cases where professional qualifications are used as leverage for a move abroad, sights are set on a better future for one’s children, which again is informed by the misplaced faith in greater opportunities and a lack of awareness of the factors outlined above. Needless to say, in the global swing to the Right, things have become even more challenging. In such a context, considering the few rare cases where skilled migrants live extremely comfortable lives as the norm becomes a dangerous misconception.

The two ideological pull factors mentioned above are complemented by a push factor, which has to do with a highly classed understanding of what a white-collar professional is due in their society. Many of these aspirations are clearly articulated in academic trade union action demanding separate quotas for school entry, increased fuel allowances, winning back the presently stalled vehicle permit scheme, salary hikes, and so on. While working people have every right to agitate for better material conditions, insofar as it remains unconnected to a broader movement for improving the conditions of the lot of the working class, it remains self-serving and very much within the class logic of capitalist society. Since these demands are articulated as a means of maintaining distinction, it is clear that they are not envisaged as part of a class movement. The frustration of not having these needs for distinction satisfied may push some to seek greener pastures abroad, at least financially, (perhaps as a means of social mobility based on it), only to be disappointed on most occasions.

What is to be done?

Addressing the systemic push factors listed above requires, first and foremost, greater allocations for free public higher education. This would immediately translate into more recruitments and less work per academic, and better research and teaching in the long haul. An increase in funding would also ideally lead to greater infrastructural investments, especially including improving the living conditions of those who work in regional universities amid untold hardships. Next, fairer, more creative, and, therefore, more effective recruitment policies are badly needed to attract talented individuals to university positions. Rather than carving out a ‘special category’ for academics to achieve this purpose, which is informed by a classed logic, this needs to be done through fundamental reforms in recruitment processes. Third, a persistent attack on the entrenched hierarchy within universities through internal reform is much called for. Reforming recruitment practices will go a long way towards addressing this. Measures should also be taken to introduce more stringent policies against SGBV (not to mention ragging, even though it is not directly connected to brain drain). Such measures would create a safer, fairer, and more attractive workplace, which would give more reasons for people to stay.

On top of greater allocations, we also need a transformation of our aspirations themselves if this situation is to change. That necessitates a kind of education capable of questioning the ‘paradise’ conception of Western societies, and lays bare their colonial material and ideological dimensions, in both their historical and contemporary manifestations. These colonial understandings of the ‘good life’, moreover, have devastating ecological implications for the planet, not to mention social justice. An education with the ability to transform this mindset would hopefully prove to be more than a mere path to social mobility, rather being a tool of social emancipation that renders mobility moot.

(Hasini Lecamwasam is with the Department of Political Science, University of Peradeniya)

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

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