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Adhering to Foreign Affairs Constitutional Mandate?

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by Austin Fernando

Many criticisms are directed at the Ministry of Foreign Relations (MFR) (previously Ministry of Foreign Affairs -MFA) for alleged operational failures. Incidentally, the successes of MFR are not spoken much, not for want, but that is life!

For example, currently, there are criticisms against the ‘withdrawal threat of the Generalised Scheme of Preferences Plus (GSP+)’, and the March 2021 UNHRC Resolution. Even previously we have heard criticisms against Yahapalanaya over ‘co-sponsoring the UNHRC Resolution- 2015.’ The Mahinda Rajapaksa government faced criticisms over the handling of UNHRC Resolutions (2009-2013), and the withdrawal of GSP+. While some appreciated President R Premadasa for the Gladstone Affair, others criticised him. Criticisms were directed against President JR Jayewardene over the Falklands War issue. If looked at apolitically, every government has had its share of criticisms.

Constitutional Mandate for Foreign Affairs

It is appropriate to review the MFR/MFA operations through a constitutional prism. First, let us look at the fountain of power or the mandate for ‘foreign affairs.’ The Sri Lankan Constitutions maintained a centralised nature until the 13th Amendment introduced devolution and restructured administration. It demarcated the functions of the State. Accordingly, the functions of ‘Foreign Affairs’ in the List II- Reserved List were:

“This would include-

(a) Foreign Affairs: all matters which bring the Government of Sri Lanka into relations with any foreign country;

(b) Diplomatic consular and trade representation;

(c) United Nations Organization;

(d) Participation in international conferences, associations, and other bodies and implementing of decisions made thereat;

(e) Entering into treaties and agreements with foreign countries and implementing treaties, agreements, conventions with foreign countries.

In (a) above, two terms i. e. “all matters”, and “with any foreign country,” are important for MFR functioning. If the Constitutional intentions are to be satisfied, the MFR, other political and administrative hierarchies should adhere to this constitutional mandate.

The last few decades’ experiences show that adherence to these two ‘terms’ was seen sparingly. High political authorities have ignored these terms. We did not see any public outcry or even a restricted or nominal concern shown by the MFR, and its predecessors, against non-adherence, though occasional political outbursts happened. Examples for ‘outbursts’ were observed when the Indo- Lanka Accord was signed, UNHRC Resolution was co-sponsored, when the Indian Peace Keeping Force was invited, etc. These related to “international relations”, but with minute, or no stakeholder consultation before embarking. Looking at mandate (b), (d), and especially (e), obviously the role of the MFR spreads on a wide canvass.

Regarding mandate (c) the MFR holds sway. Many recent criticisms on (c) were on human rights, the Prevention of Terrorism Act, disappearances, reconciliation, returning refugees and repatriated workers suffering from COVID 19, etc. These have domestic political attachments and are complex

The list of violations of the 13A- List II stipulations is long. I recall a few experiences in my short service as a diplomat. (I have many more!)

Recent Foreign Relation Experiences

Following-up Agreements, Treaties, Conventions, diplomatic meetings are expected from the MFR. Coordinating with stakeholders inclusive of missions abroad, keeping them abreast of decisions matters. Does this happen? Yes, it happens in the breach. An example of default in information sharing by MFR was exposed when MFR requested the Delhi Mission for the proceedings and minutes of President Gotabaya Rajapaksa’s delegate meetings with Indian dignitaries while knowing that quite unconventionally none from the Mission accompanied the President! Really, the Mission should have requested them from MFR!

More seriously, I mention how decisions at President Gotabaya Rajapaksa’s discussions with Indian dignitaries were followed. During the 40 days of service after the President’s visit until I was recalled, the Delhi Mission did not receive any follow-up directives on the visit. Is it the respect to PM Modi and interest shown toward India, the outcomes of the visit, or is it only the non-adherence of the mandate? Indians are a sensitive and sensible lot!

Though PM Modi offered a 450-million-dollar Line of Credit as “India’s full assistance in taking” Sri Lanka “in the path of rapid development,” MFR did not exhibit that urgency, rapidity, reflected from lacking public knowledge about Indian projects since this pledge. These are the criteria exhibiting the direction of the path of rapid development.

Anyhow, the bi-lateral concerns were never conveyed to the Delhi Mission either by the Presidential Secretariat or MFR, and hence there was no mission follow-up. The mission could not automatically know items to follow up, being absent at presidential deliberations. Nevertheless, the citizens must know the outputs/outcomes of PM Modi’s pledges. We do not hear of new project information, or even whether Sri Lanka has formally accepted the pledges. After twenty months of the visit, it is not the best outcome for relations building for the President with the closest neighbour, friend, sometimes called the relative, especially when Indians reflect President’s relationships with China. The MFR’s mandate accommodates such review and information dissemination.

Observing fast-moving Chinese projects, the Indians wonder whether the Modi Pledges have been relegated to the backburner, and preference is elsewhere. This is of security and political connotations to Indians.

To my understanding, only the Solar Alliance’s $100 million offered for solar power projects are being processed. Concurrently, ADB-assisted solar projects in the Jaffna Islands and other projects such as road construction, the de-silting of the Tissamaharama tank commenced after Modi’s pledges; they are carried by Chinese firms. Balancing the Indian concerns as regards the Chinese power project in the Jaffna Islands could have been easy if the Solar Alliance project had been used. (Yahapalanaya was also responsible for this delay.) Indian drone surveillance of our coastlines also would have been redundant.

For comparison, I quote another Indian experience. Having provided $ 1.4 billion assistance to the Maldives, Indians again focused on the Maldives, which has a population of 530,953 (2019), financing major infrastructure development that included a $100 million grant and $400 million new line of credit. Indian External Affairs Minister Dr. S Jaishankar announced the creation of an air bubble with the Maldives to facilitate movement and the commencement of the cargo ferry service between the two countries.

The reason for such relationship-building by the Ministry of External Affairs (MEA) was the Chinese- Maldivian bond, which perturbed India. For India, it should have similar concerns with us as well. When similar Indian responses are not observed under even worse circumstances, it makes one wonder why. When India delays finalising the US$ 1,000 million facilitation requested by our government while Indian-Maldivian relations expand, one asks why. Have we failed to reach the promised “very high level” bilateralism, enunciated by President Rajapaksa in Delhi?

PM Modi pledged $450 million when President Gotabaya Rajapaksa visited India. Our former Presidents visiting India did not experience this kind of generosity. PM Modi showed similar generosity to the Maldivian President (US $ 1.4 billion), Bhutanese PM (Indian Rs. 4,500 crores), on their first visits. This may have made President Rajapaksa state that “he would strive to take his country’s bilateral relationship with India to a “very high level”. I doubt whether his effort has reached fruition.

Shouldn’t the MFR be held accountable for non-adherence to its mandate?

The Maldives succeeded while we were haggling over the Eastern Container Terminal (ECT), the Trinco Tank Farm Project (TTFP), Mattala, etc. Maybe, the Maldives accommodated Indian development activities. I do not support endorsing every Indian project as demanded. It is not necessary. Yet, considering the Indian marketplace economics, it is appropriate to finding middle-ground as we did in the case of the Colombo Port City. Commencing negotiations with Indians on the Western Container Terminal is a positive response.

For comparison, Nepal received Rs. 2,802 crores from Indian Annual Neighborhood Financing – 2020 provisions (irrespective of the brewing Kalapani boundary dispute), while Sri Lanka received only Rs. 2,317 crores over a decade. A few days before President Rajapaksa visited Delhi, without any MFR direction, I brought the neighborhood financing viz. Sri Lankan receipts issue with the Indian hierarchy, and the Indians convinced of the need to assist us. Probably, the sum of $ 450 million reflected this thinking. The MFR must study the reasons and pursue action to attract Indians.

At the request of Dr. Indrajit Coomaraswamy, Governor of the Central Bank of Sri Lanka (CBSL), the Mission negotiated with Indian authorities a $400 million Swap, and the CBSL succeeded. To save Sri Lanka from being placed on the “grey list” of the Financial Action Task Force, regarding money-laundering, the Mission intervened, and CBSL succeeded, not on MFA initiations, but the personal request of friendly Governor Coomaraswamy. Such rare interventions come under the purview of items (a) and (e) of the Mandate, but rarely used.

I would like to mention a lesson learned from PM Modi to prove how the Indians take foll-up action. In 2018, returning from the Maldives, he stopped over in Colombo, and the MoU 2017 would have been discussed. He sent a few officials, led by Dinesh Patnaik, Additional Secretary MEA to meet Colombo-based agencies. My understanding is that the MFA and my Delhi Mission had no role to play. This move or its outputs were never conveyed to the Delhi Mission. We learned it from MEA friends. This lack of cohesive adherence to items (a) and (e) of the Mandate by MFR and other stakeholders, bungles relations building.

MEA Minister S Jaishankar visited Colombo and met the representatives of the incumbent adminstration and demonstrated India’s interest and support. It was a total embarrassment to us to receive information about this visit from ‘Indian Express’ journalist Subarjit Roy, and not from MFR! True to MFA/ MFR tradition, no intimation was conveyed to the Delhi Mission Long live the ‘dead’ Mandates (a) and (e)!

Diplomatic formalities

Apart from the constitutional mandate formalities in foreign affairs are serious businesses so much so, in India, there are no shortcuts available to foreign envoys to access the higher levels of administration without approaching the MEA.

In Sri Lanka, we have observed all superior politicians and administrators meet diplomats without reference to the MFR/MFA. Indians probably do so selectively due to logistical reasons. Here, I experienced this due to personal attitudes toward the Foreign Office. The proceedings of such discussions at higher levels are not shared with the MFR. It prevents informed diplomatic decision-making. The tacit fault lies in those who permit direct access and refrain from reporting to MFR.

In India, a representative of the MEA always sits at discussions. At one-on-one meetings with the Prime Minister, for instance, such representation is absent. From the manner matters are pursued by the MEA, it is obvious that the contents of such discussions are shared with the MEA.

While MEA does not permit direct access to State Government authorities without MEA clearance, we have generally ambassadors directly dealing with our provincial authorities, which could create difficult managerial issues. During my tenure in Delhi, I remember a Governor of a Province, and previously even Chief Ministers showed keenness to deal with India and State Governments, which is ‘dangerous.’ Mandate (a) helps manage this issue.

MoU -2017- A Specific Study

I take the case regarding a Memorandum of Understanding (MoU) signed between Sri Lanka and India in 2017 for economic cooperation, to prove how these Mandates default. I suspect the MFR pursued this MoU only as a reference to a Cabinet Memorandum, though it had much broader implications.

I may quote an issue from the MoU i.e., the Trincomalee Tank Farm Project (TTFP)– as a case study to prove where the silence of the MFA and general apathy and uncertainty of governments create problems even to successor governments. The TTFP had been an undecided issue before the 2017 MoU. The TTFP 2003- Agreement was followed by the government from 2011 to 2018, but dilly-dallying was observed throughout.

For the 2017 MoU Cabinet Memorandum, observations were submitted on TTFP by two Ministers, namely Ravi Karunanayaka, ‘noting’ the Memorandum, and Chandima Weerakkody on the structure of the Project. A ‘confirmed’ Cabinet decision was taken to sign the MoU with stakeholder consultation. But the signed MoU has detailed the Cabinet-approved MoU, though the Cabinet decision has drawn conditions (i.e., further “consultation”, and “separate Cabinet memoranda pertaining to the joint projects.”)

Conceptually, there are two major issues- i.e., the structure of the Project and land ownership. The latter is a crucial issue with Attorney General’s and Cabinet’s decisions showing mixed responses. On these, can someone challenge the legality of revisions in Section iv of the signed MoU? These could have been avoided through “stakeholder consultations” and “separate Cabinet Memoranda” as agreed by the Cabinet. These issues may rekindle negativity and delay finality.

I quote the Supreme Court’s LMS judgment that declared: “A pre-condition laid down in paragraph 1.3 is that an alienation or disposition of State land within a Province shall be done in terms of the applicable law only on the advice of the Provincial Council. The advice would be of the Board of Ministers communicated through the Governor, the Board of Ministers being responsible in this regard to the Provincial Council.” (Sri Lanka Law Reports [2008] 1 Sri L.R: page 172) Considering this status, I contend that the work steps applicable to Section iv of the signed MoU need review. If not, cannot Section iv be challenged on “procedural invalidity?”

Now that the Eastern Container Terminal (ECT), Mattala, the Sampur Solar Power projects (in 2017 MoU) have not been carried out, Indians will naturally pursue the TTFP vehemently. Financially strong parties coerce or intrude on allied economic issues through emergent openings. I am not a lawyer, and I contend that due to the country’s financial crisis, we have provided such an opening to India through TTFP. India may have deliberately strategised indecisiveness on the $1,000 million facilitation. It could resurface if/when Finance Minister Basil Rajapaksa negotiates the financial facilitation. Can he also strategize negotiating on the quoted “procedural invalidities”?

To my mind, the TTFP could also become an economically exciting allied project. Unfortunately, this is not much discussed publicly. In the MoU 2017, Section v reads as “v. A Port, Petroleum Refinery, and other industries in Trincomalee, for which GOSL and GOI will set up a JWG by end June 2017.” These openings will allure renegotiation to reach middle ground, and newly negotiated terms to evolve paths to lessen political embarrassment and summon economic prosperity.

Conclusion

There may be other Missions and personnel with experience with non-adherence to the Constitutional Mandate. Such experiences and issues must be made use of by those concerned in executing the Constitutional Mandate for Foreign Affairs.

I have mentioned India because whenever Indo-Sri Lanka relations deteriorate, Sri Lanka faces political and diplomatic embarrassment, as we have experienced in 1987 during the conflict, in 2013, and 2021 at the UNHRC. Avoiding such situation is the “job” of the main Mandate holder, the MFR.



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Features

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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