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Addressing issue of poaching in Sri Lanka’s territorial waters

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Illegal fishing in Sri Lankan waters (File photo)

by Neville Ladduwahetty

A point of view has been presented by the Pathfinder Foundation in an article titled, “Poachers take an aggressive stand: A wake-up call for action” (The Island, July 8, 2024).  The reason for “action” is apparently to prevent the ‘fisheries dispute’ from being used by “political opponents” to derail the growing bilateral relations between India and Sri Lanka.

If the motive for “action” is only to prop up bilateral relations, the question that needs to be asked is this: “at what cost to Sri Lanka are these relations?” not only in terms of the economic loss and environmental degradation due to bottom trawling but also in terms of the loss of livelihood of the Sri Lankan fishing Community. Furthermore, if such costs are to be incurred by Sri Lanka, despite the much-touted India’s policy of “Neighbourhood First”, what could Sri Lanka possibly expect, other than more exploitation in one form or another, through connectivity.

PROPOSED ACTION

Discussions between the representatives of India and Sri Lanka, at various levels to resolve issues of poaching amicably, have failed thus far. The article cited above states that India has in fact “acknowledged that the number of trawlers and other mechanized fishing vessels in the Palk Bay area is far beyond the Bay’s holding capacity”. Following this acknowledgement, the Union Government and the State of Tamil Nadu, in 2017 “proposed to remove 2,000 mechanised vessels from the bay area within three years (i. e. 2020). Despite such intentions, all they could achieve to date was to refit around 60 vessels” (Ibid).

The fact that the Union Government has done nothing since then indicates that either it has no influence over the issue of poaching by Tamil Nadu, or the belief that they could overcome its negative impact by other means, such as financial aid and infrastructure to bolster connectivity of a sort to make Sri Lanka dependent on India.

The Union Government lacks influence over poaching because the DMK, which has a majority of Lok Sabha members from Tamil Nadu, supports the fishing community in that state; out of 39 seats, the DMK won 22, Congress nine and others eight at the recently concluded election.

Under the circumstances, nothing is going to be achieved by “negotiating the matter or delegating the matter to a Joint Working Group” since it will turn out to be an exercise in futility because Pathfinder has not factored in the influence of the DMK in Tamil Nadu politics. Furthermore, such an exercise would most likely result in a much-publicized undertaking, similar to the one in 2017, with no penalties for failing to fulfill its commitments.

Therefore, if Sri Lanka is to protect its resources, and the livelihood of its people, it has to engage in a frank discussion and inform India that the only option left for Sri Lanka, in the absence of effective and just intervention by the Union Government of India, is to seek the opinion of the International Court of Justice (ICJ) on the condition that both India and Sri Lanka will accept its determination. Such a determination should include compensation for the annual economic loss to Sri Lanka’s resources, for the destruction of the seabed within its Exclusive Economic Zone over the years as well as the annual livelihood losses due to sustained poaching.

DOCTRINE of UTI POSSIDETIS

According to Black’s Law Dictionary the legal Doctrine of “Uti Possidetis Juris” is defined as “the doctrine that old administrative boundaries will become international boundaries when a political subdivision achieves independence (Hensel & Allison, “A Colonial Legacy and border Stability”, p.2 quoting Garner 1999).

“The principle behind this doctrine dates to Roman times. The principle first emerged in the modern sense with decolonization of Latin America when each former Spanish colony agreed to accept territories that were “presumed to be possessed by its colonial predecessors” (Ibid). The same Doctrine was accepted by former colonies in the African continent. The International Court of Justice (ICJ) “has argued for its relevance across the world” (Ibid).

“The principle was stated most directly in the ICJ’s decision in the Frontier Dispute/Burkina Faso Republic of Mali case. The ICJ had been asked to settle the location of a disputed segment of the border between Mali and Burkina Faso, both of which had been part of French West Africa before independence. In their judgment over the merits of these frontier dispute cases the ICJ emphasized the legal principle of “uti possidetis juris”.

“The ICJ judgment in the Mali-Burkina Faso Dispute case also argued that the principle of uti possidetis should apply to any decolonization situation, regardless of the legal or political status of the entities on which side of the border”.

“The territorial boundaries which have to be respected may also derive from international frontiers which previously divided a colony of one State from the colony of another, or indeed a colonial territory from the territory of another independent State.     There is no doubt that the obligation to respect pre-existing international frontiers, in the event of State succession, derives from the general rule of international law, whether or not the rule is expressed in the formula of uti possidetis” (ICJ 1986, Ibid).

CONCLUSION

The issue of poaching is intimately linked to the issue of International Maritime Border Line (IMBL). Despite the fact that the IMBL was established after protracted discussions, dating back to colonial times and embodied in Bilateral Agreements of 1974 and 1976, Tamil Nadu does not accept the agreements concluded by the Union Government. The most recent expression of this fact was made by Prime Minister Narendra Modi during the run up to the recent election.

Since the background for these agreements are based on historical narratives, there is sufficient room for the claims made on such narratives to be challenged. Therefore, it is imperative that a fresh approach be jointly pursued by India and Sri Lanka by relying on International Law for the sake of furthering bilateral relations and in keeping with India’s Policy of “Neighbourhood First”. Since the most appropriate and recognised Institution is the International Court of Justice (ICJ), the issue of establishing IMBL should be resolved by jointly seeking a determination from the ICJ. Such a determination would go a long way to resolve the issue of poaching. However, since poaching is not likely to cease overnight, the determination by the ICJ should address compensation for the losses incurred by Sri Lanka in respect of lost revenue, damage to the seabed via the practice of bottom trawling and livelihood losses incurred by the Sri Lankan fishing community over decades.

Despite the fact that the losses cited above far outweigh, what the “View Point” by the Pathfinder refers to as “generously provided” by India “to pull Sri Lanka out of the economic morass”, reflects a level of reality that is appalling because the $4 billion given was a loan to be paid back unlike the looting, death and destruction of resources that continue unabated without compensation. Sri Lanka must exercise its rights in keeping with international law, notwithstanding the disingenuous Policy of “Neighbourhood First”, which in practice means India is “First in the Neighbourhood”.  Therefore, whether India participates or not, Sri Lanka should seek the opinion of the ICJ supported by the International Seabed Authority to establish the IMBL in terms of recognised International Law of “Uti Possidetis juris” and put an end to the status of Kachchativu and address the issue of compensation for violations committed against universally recognised rights of a sovereign State.



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Recruiting academics to state universities – beset by archaic selection processes?

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by Kaushalya Perera

Time has, by and large, stood still in the business of academic staff recruitment to state universities. Qualifications have proliferated and evolved to be more interdisciplinary, but our selection processes and evaluation criteria are unchanged since at least the late 1990s. But before I delve into the problems, I will describe the existing processes and schemes of recruitment. The discussion is limited to UGC-governed state universities (and does not include recruitment to medical and engineering sectors) though the problems may be relevant to other higher education institutions (HEIs).

How recruitment happens currently in SL state universities

Academic ranks in Sri Lankan state universities can be divided into three tiers (subdivisions are not discussed).

* Lecturer (Probationary)

recruited with a four-year undergraduate degree. A tiny step higher is the Lecturer (Unconfirmed), recruited with a postgraduate degree but no teaching experience.

* A Senior Lecturer can be recruited with certain postgraduate qualifications and some number of years of teaching and research.

* Above this is the professor (of four types), which can be left out of this discussion since only one of those (Chair Professor) is by application.

State universities cannot hire permanent academic staff as and when they wish. Prior to advertising a vacancy, approval to recruit is obtained through a mind-numbing and time-consuming process (months!) ending at the Department of Management Services. The call for applications must list all ranks up to Senior Lecturer. All eligible candidates for Probationary to Senior Lecturer are interviewed, e.g., if a Department wants someone with a doctoral degree, they must still advertise for and interview candidates for all ranks, not only candidates with a doctoral degree. In the evaluation criteria, the first degree is more important than the doctoral degree (more on this strange phenomenon later). All of this is only possible when universities are not under a ‘hiring freeze’, which governments declare regularly and generally lasts several years.

Problem type 1

Archaic processes and evaluation criteria

Twenty-five years ago, as a probationary lecturer with a first degree, I was a typical hire. We would be recruited, work some years and obtain postgraduate degrees (ideally using the privilege of paid study leave to attend a reputed university in the first world). State universities are primarily undergraduate teaching spaces, and when doctoral degrees were scarce, hiring probationary lecturers may have been a practical solution. The path to a higher degree was through the academic job. Now, due to availability of candidates with postgraduate qualifications and the problems of retaining academics who find foreign postgraduate opportunities, preference for candidates applying with a postgraduate qualification is growing. The evaluation scheme, however, prioritises the first degree over the candidate’s postgraduate education. Were I to apply to a Faculty of Education, despite a PhD on language teaching and research in education, I may not even be interviewed since my undergraduate degree is not in education. The ‘first degree first’ phenomenon shows that universities essentially ignore the intellectual development of a person beyond their early twenties. It also ignores the breadth of disciplines and their overlap with other fields.

This can be helped (not solved) by a simple fix, which can also reduce brain drain: give precedence to the doctoral degree in the required field, regardless of the candidate’s first degree, effected by a UGC circular. The suggestion is not fool-proof. It is a first step, and offered with the understanding that any selection process, however well the evaluation criteria are articulated, will be beset by multiple issues, including that of bias. Like other Sri Lankan institutions, universities, too, have tribal tendencies, surfacing in the form of a preference for one’s own alumni. Nevertheless, there are other problems that are, arguably, more pressing as I discuss next. In relation to the evaluation criteria, a problem is the narrow interpretation of any regulation, e.g., deciding the degree’s suitability based on the title rather than considering courses in the transcript. Despite rhetoric promoting internationalising and inter-disciplinarity, decision-making administrative and academic bodies have very literal expectations of candidates’ qualifications, e.g., a candidate with knowledge of digital literacy should show this through the title of the degree!

Problem type 2 – The mess of badly regulated higher education

A direct consequence of the contemporary expansion of higher education is a large number of applicants with myriad qualifications. The diversity of degree programmes cited makes the responsibility of selecting a suitable candidate for the job a challenging but very important one. After all, the job is for life – it is very difficult to fire a permanent employer in the state sector.

Widely varying undergraduate degree programmes.

At present, Sri Lankan undergraduates bring qualifications (at times more than one) from multiple types of higher education institutions: a degree from a UGC-affiliated state university, a state university external to the UGC, a state institution that is not a university, a foreign university, or a private HEI aka ‘private university’. It could be a degree received by attending on-site, in Sri Lanka or abroad. It could be from a private HEI’s affiliated foreign university or an external degree from a state university or an online only degree from a private HEI that is ‘UGC-approved’ or ‘Ministry of Education approved’, i.e., never studied in a university setting. Needless to say, the diversity (and their differences in quality) are dizzying. Unfortunately, under the evaluation scheme all degrees ‘recognised’ by the UGC are assigned the same marks. The same goes for the candidates’ merits or distinctions, first classes, etc., regardless of how difficult or easy the degree programme may be and even when capabilities, exposure, input, etc are obviously different.

Similar issues are faced when we consider postgraduate qualifications, though to a lesser degree. In my discipline(s), at least, a postgraduate degree obtained on-site from a first-world university is preferable to one from a local university (which usually have weekend or evening classes similar to part-time study) or online from a foreign university. Elitist this may be, but even the best local postgraduate degrees cannot provide the experience and intellectual growth gained by being in a university that gives you access to six million books and teaching and supervision by internationally-recognised scholars. Unfortunately, in the evaluation schemes for recruitment, the worst postgraduate qualification you know of will receive the same marks as one from NUS, Harvard or Leiden.

The problem is clear but what about a solution?

Recruitment to state universities needs to change to meet contemporary needs. We need evaluation criteria that allows us to get rid of the dross as well as a more sophisticated institutional understanding of using them. Recruitment is key if we want our institutions (and our country) to progress. I reiterate here the recommendations proposed in ‘Considerations for Higher Education Reform’ circulated previously by Kuppi Collective:

* Change bond regulations to be more just, in order to retain better qualified academics.

* Update the schemes of recruitment to reflect present-day realities of inter-disciplinary and multi-disciplinary training in order to recruit suitably qualified candidates.

* Ensure recruitment processes are made transparent by university administrations.

Kaushalya Perera is a senior lecturer at the University of Colombo.

(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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Talento … oozing with talent

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Talento: Gained recognition as a leading wedding and dance band

This week, too, the spotlight is on an outfit that has gained popularity, mainly through social media.

Last week we had MISTER Band in our scene, and on 10th February, Yellow Beatz – both social media favourites.

Talento is a seven-piece band that plays all types of music, from the ‘60s to the modern tracks of today.

The band has reached many heights, since its inception in 2012, and has gained recognition as a leading wedding and dance band in the scene here.

The members that makeup the outfit have a solid musical background, which comes through years of hard work and dedication

Their portfolio of music contains a mix of both western and eastern songs and are carefully selected, they say, to match the requirements of the intended audience, occasion, or event.

Although the baila is a specialty, which is inherent to this group, that originates from Moratuwa, their repertoire is made up of a vast collection of love, classic, oldies and modern-day hits.

The musicians, who make up Talento, are:

Prabuddha Geetharuchi:

Geilee Fonseka: Dynamic and charismatic vocalist

Prabuddha Geetharuchi: The main man behind the band Talento

(Vocalist/ Frontman). He is an avid music enthusiast and was mentored by a lot of famous musicians, and trainers, since he was a child. Growing up with them influenced him to take on western songs, as well as other music styles. A Peterite, he is the main man behind the band Talento and is a versatile singer/entertainer who never fails to get the crowd going.

Geilee Fonseka (Vocals):

A dynamic and charismatic vocalist whose vibrant stage presence, and powerful voice, bring a fresh spark to every performance. Young, energetic, and musically refined, she is an artiste who effortlessly blends passion with precision – captivating audiences from the very first note. Blessed with an immense vocal range, Geilee is a truly versatile singer, confidently delivering Western and Eastern music across multiple languages and genres.

Chandana Perera (Drummer):

His expertise and exceptional skills have earned him recognition as one of the finest acoustic drummers in Sri Lanka. With over 40 tours under his belt, Chandana has demonstrated his dedication and passion for music, embodying the essential role of a drummer as the heartbeat of any band.

Harsha Soysa:

(Bassist/Vocalist). He a chorister of the western choir of St. Sebastian’s College, Moratuwa, who began his musical education under famous voice trainers, as well as bass guitar trainers in Sri Lanka. He has also performed at events overseas. He acts as the second singer of the band

Udara Jayakody:

(Keyboardist). He is also a qualified pianist, adding technical flavour to Talento’s music. His singing and harmonising skills are an extra asset to the band. From his childhood he has been a part of a number of orchestras as a pianist. He has also previously performed with several famous western bands.

Aruna Madushanka:

(Saxophonist). His proficiciency in playing various instruments, including the saxophone, soprano saxophone, and western flute, showcases his versatility as a musician, and his musical repertoire is further enhanced by his remarkable singing ability.

Prashan Pramuditha:

(Lead guitar). He has the ability to play different styles, both oriental and western music, and he also creates unique tones and patterns with the guitar..

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Special milestone for JJ Twins

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Twin brothers Julian and Jason Prins

The JJ Twins, the Sri Lankan musical duo, performing in the Maldives, and known for blending R&B, Hip Hop, and Sri Lankan rhythms, thereby creating a unique sound, have come out with a brand-new single ‘Me Mawathe.’

In fact, it’s a very special milestone for the twin brothers, Julian and Jason Prins, as ‘Me Mawathe’ is their first ever Sinhala song!

‘Me Mawathe’ showcases a fresh new sound, while staying true to the signature harmony and emotion that their fans love.

This heartfelt track captures the beauty of love, journey, and connection, brought to life through powerful vocals and captivating melodies.

It marks an exciting new chapter for the JJ Twins as they expand their musical journey and connect with audiences in a whole new way.

Their recent album, ‘CONCLUDED,’ explores themes of love, heartbreak, and healing, and include hits like ‘Can’t Get You Off My Mind’ and ‘You Left Me Here to Die’ which showcase their emotional intensity.

Readers could stay connected and follow JJ Twins on social media for exclusive updates, behind-the-scenes moments, and upcoming releases:

Instagram: http://instagram.com/jjtwinsofficial

TikTok: http://tiktok.com/@jjtwinsmusic

Facebook: http://facebook.com/jjtwinssingers

YouTube: http://youtube.com/jjtwins

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