by Jehan Perera
The presidential proclamation declaring a state of emergency did not immediately provoke a negative reaction. In his proclamation, President Gotabaya Rajapaksa stated that he was of the opinion this was necessary to ensure public security and maintenance of supplies and services essential to the life of the community in view of the prevailing emergency situation in Sri Lanka in the context of the COVID-19 pandemic. The public reaction may well have been positive to this announcement because the declaration of a state of emergency would be seen as for the purpose of taking care of the people’s needs. The media has been showing images of hoarded sugar stocks being unearthed and taken away by the security forces to be distributed to the public. The immediate coverage of the declaration of emergency by the international media also gave a benign explanation of dealing with food and cooking fuel shortages.
However, there are wider implications to the declaration of emergency that have been identified by the opposition political parties. They have pointed out the importance of ensuring that the extraordinary powers given to the executive through these emergency regulations need to be used for the specific purposes recognised by the regulations which pertain to health and food security. Leader of the Opposition Sajith Premadasa said that the real objective of the government imposing an emergency was to form a dictatorial administration leading to the burial of democracy. He called on the government to reverse the gazette notification under which emergency was imposed and to activate a Consumer Security Bill. He was quoted as saying, “Emergency will not bring in COVID vaccines, and it will not contain the pandemic. It will not bring down the prices of essential goods either.”
As a country that has spent a substantial portion of its post-independence history under emergency law, there is much negative experience to draw from in anticipating the future course of events. The legal significance of a state of emergency is spelled out in Article 155 (2) of the Constitution. It states that “The power to make emergency regulations under the Public Security Ordinance or the law for the time being in force relating to public security shall include the power to make regulations having the legal effect of over-riding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution.” Laws that give more powers to the rulers are seldom withdrawn in a gracious manner. An example would be the Prevention of Terrorism Act which was brought in as a temporary law in 1979, draconian even then, but which has grown so much in scope that no government that followed has wished to withdraw it, preferring to make use of it instead to control those in opposition to them.
The repeal of the PTA has been set by the EU Parliament as a lead condition for the continuation of the European Union’s GSP Plus tariff privileges in view of its historical role in facilitating human rights violations. This law permits the security forces to arrest people on suspicion and then keep them incarcerated while they may take their own time to find the evidence that would enable the case to be taken to the judicial process. But so far the best that the government has been able to do with regard to either amending or replacing the law is to set up yet another committee to study it and make recommendations. It has also released 16 of the LTTE suspects incarcerated for a long period of time but In the meantime, other people continue to be arrested under it and detained without trial.
The willingness of the government to release the LTTE suspects and the appointment of committees to look into the reform of the PTA and to see if more LTTE prisoners can be released are indications that the government is taking the forthcoming UNHRC meeting seriously. However, the implications of emergency law as spelled out by the Opposition and by civil society organisations are likely to lead to greater skepticism in the human rights community, both local and international, about the government’s good intentions. The Centre for Policy Alternatives (CPA) has stated that emergency regulations “should not be considered as a substitute for the normal legal regime. As such the State of Emergency should be in force only for a limited period of time.”
In recent weeks, the newly appointed Foreign Minister Prof G L Peiris has been meeting with foreign embassies in the country to explain the government’s position on issues of interest and to indicate the government’s plan for the way forward. As an expert in international and constitutional law he will be able to present the best possible case from the government’s point of view. However, he needs to be supported by positive changes on the ground. If this base support is not forthcoming, it will seem to be as if the Sri Lankan batsman will be batting on a bad wicket and bowled out in quick order. The declaration of emergency law, the appointment of military officers to oversee food and fuel distribution, and the continuing detentions without trial under the PTA will queer the pitch for champions of Sri Lanka’s democracy and human rights.
The UN Human Rights Council session will commence in Geneva next week. Sri Lanka will be in the embarrassing position of being one of a handful of countries that will be considered in depth at that session. The government is reported to have handed over a report of its significant achievements in the areas of concerns to the UNHRC. This includes the meetings that members of the government, including President Gotabaya Rajapaksa, have had with a section of civil society. This civil society group, most of them drawn from peacebuilding backgrounds, presented many issues for addressing by the government. However, the proof of the pudding is in the eating. The ideas shared and good intentions need to be actualised on the ground or else they remain mirages of things hoped for.
There seems to be a perception gap in which the government leadership does not seem to be aware of how others perceive them and their actions. A recent example would be the event that the Office on Missing Persons (OMP) organised and in which government leaders set out their thinking on the issue. This was a positive initiative on the part of the government. However, there is a need to do more and go beyond the discussion that took place that day. The issue of missing persons is an extremely sensitive and emotive one, for it concerns the loved ones of families that they will never abandon. They wish to know if their loved ones are still alive, other words the truth. It will not suffice to pay compensation and to promise non-recurrence which is what the government is placing on offer at the present time. Paying compensation is not a substitute for those who seek closure on how the family members can deal with their grief, which has lasted for over three decades in some instances.
The issue of emergency law is another example. It was proclaimed just two weeks before the government will face its keenest detractors in the UN Human Rights Council. It is important to have good intentions. But it is also important to see the optics of the situation, and how others might perceive it. The promulgation of emergency law needs to be withdrawn as soon as possible and other laws to deal with food and other crises in this time of Covid health crisis need to be passed instead. The greater sharing of power with the parliamentary opposition and holding elections to the provincial councils to share power is the way to solve problems together and break out of the vicious cycle in a way which one single institution cannot. Democratic governance is a system of government and not rule by one person or one institution. The government’s commitment to democracy and human rights will be judged in UN and EU accordingly.
Form-ation of Higher Education in Sri Lanka
By Hasini Lecamwasam
Improving higher education in Sri Lanka is not only important, but essential and long overdue. However, seeking to achieve higher ‘quality’ by ‘form-ising’ the performance of teachers (or the practice of forcing the entire teaching-learning exercise into forms designed to communicate exactly what and what transpires in a classroom) may not be able to bring about the desired change. A new set of four forms introduced recently to this end requires, among other things, drawing up a minutely detailed plan of each and every lesson to be delivered in class, aligned with the Course Learning Outcomes (CLOs), in turn, to be aligned with the Programme Learning Outcomes (PLOs), which should all then be tied to the graduate profile, or the kind of graduate we seek to ‘produce’ at the end of it all. This may, on the surface of it, sound reasonable enough and not encourage serious debate or resistance because, after all, it is only some forms that need to be filled.
Form by tedious form, however, the teaching-learning process at state universities is becoming increasingly constricted, fragmented, monitored, controlled. In this piece, I wish to briefly ponder on the implications of these requirements and the larger trends they signal, while also attempting to reflect on what instead we may do to ensure ‘quality’ in the delivery of higher education.
The problem with form-ation
The larger ‘Quality Assurance’ (QA) landscape in which these developments take place was discussed in detail in an earlier Kuppi Talk by Kaushalya Perera. In a nutshell, QA seeks to standardise education such that study programmes can be assessed against each other, assigned numbers, and ranked accordingly. The deployment of overarching yardsticks for programmes with hugely varying mandates, methods, and content has been the subject of much critique lately the world over, not the least due to its rather warped understanding of ‘quality’ as something that can be objectively established through metrics and audits.
While I do not question the bona fide motives behind the initiative taken with the aforementioned forms, I do think serious reflection on where these developments push us in the longer term is needed. My primary reservation here has to do with the impact of this lesson-wise breakdown on the creative and democratic exercise that the teaching-learning process is supposed to entail. When each topic is broken down into such fine detail prior to the actual occurrence of the ‘lesson’ (for want of a better word), outcomes are foreclosed rather than collectively and organically evolving in the course of the ‘lesson’, which is particularly important to many of the subjects offered in the Arts Faculties. Exactly how many of us are actually quite so democratic in our classrooms is a valid question in this regard, and one I will return to. The point for me here, however, is that for those who do have a sincere commitment to such a democratic classroom environment, such forms and the limiting of the teaching-learning experience they constitute, may be tantamount to strangulation.
Even if the majority of us admit to being very controlling in our classrooms anyway, does that justify going one step further with these forms and institutionalising such control? Should not our commitment be to the emancipatory ideal, rather than simply what most are on board with? There should be meaningful space for creative, organic, and democratic teaching-learning processes to unfold for teachers who wish to make that choice, and for students to explore and think beyond the teacher’s frame of thinking. Micromanaging beyond the general content of a course (laid down in enough detail in the course syllabus) is inimical to even a possibility of democracy existing in the classroom and within the larger university space.
This complete subservience of the teaching-learning process to red tape signals a larger and troubling trend of corporatisation. Corporatisation may be defined as the restructuring of a publicly owned institution to be managed as a business place would be, with a view to privatising in the long term. In state universities, this shift is couched in the supposedly ‘progressive’ language of student-centered approaches and interactive classrooms, hijacked from the democratic pedagogy of the likes of Paulo Freire, but bereft of any of the emancipatory politics within which these methods assume meaning. Despite the use of these catch-phrases, however, such minutely detailed forms signal a return to an extremely teacher-centered model due to the absence of the possibility for students to meaningfully influence the outcome of a lesson, as it is predetermined for them.
The result, as the Kannangara report worried with remarkable foresight some 80 years ago, is students “with much knowledge and little understanding. They have not read books; they have “studied” texts. They cannot write, they produce essays after a set style. They can answer questions but not question answers … Their imagination has been stunted, their originality suppressed, their capacity for thought undeveloped, their emotions inhibited.”
What alternative can we propose?
A valid question countering what little resistance there is to form-ation asks how we can ensure the education we currently deliver is of an acceptable standard, and that everybody observes such. There seems to prevail tacit and widespread agreement that the ‘democratic nonsense’ within universities is what has allowed many to hide behind debates, deliberations, appeals to creative freedom, and so on, without actually doing their work.
In my view, this is an arbitrary causation to draw. Blaming internal democracy for negligence of duties fails to take into account the highly anti-democratic practices at universities that may better explain such behaviour.
Specifically, I think it is the rigidly entrenched hierarchy within universities that blocks the possibility of even dialogue, let alone debate, particularly when it comes to holding those higher-up in the ladder accountable for their actions (or the lack thereof, as the case may be). Hierarchy is why, among many other things, students cannot question the content or the methods chosen by their teachers. As previous Kuppi Talks have endeavoured to show, hierarchy is silently, and therefore very effectively, observed at every level, ensuring the trumping of students by teachers, juniors by seniors, women by men, minorities by the majority, and originality by tradition. It impedes questioning, stifles dissent, and smothers alternative thinking altogether. The problem, therefore, is not that we have too much democracy in universities, but too little of it.
We must make a sincere and sustained effort to radically democratise the university space by relaxing the classroom to allow open and honest exchange between students and teachers; changing the relations of power between seniors and juniors, starting with undoing the practice of deferential treatment; refusing to tolerate snide and not-so-subtle references to ways of dressing and similar gendered remarks; questioning the exclusive use of the majority language in official communications, as a starting point. In doing so, we would be subverting the crippling hierarchy that inhibits thought and practice within the university. Such a radical change geared towards improved quality through mutual accountability, for me, is the only acceptable way of introducing accountability to a space that, admittedly, sorely lacks it.
(Hasini Lecamwasam is attached to 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.
THE LOGIC OF PRESIDENT’S PLEDGES IN NEW YORK
by Jehan Perera
The significance of President Gotabaya Rajapaksa’s speech at the UN General Assembly, in New York, last week, was his use of the time allocated to him to provide an outline of the government’s policies towards the main challenges besetting the country. The President covered the main issues that confront the world with his focus on Sri Lanka. These included measures to contain the Covid pandemic, the economic crisis, environmental degradation and violence. In the final section of his well-crafted speech, the President went into some depth regarding the government’s approach to national reconciliation. However, the response within the country, has been muted and for good reason. Those who voted for the government, on an entirely different platform, which emphasised ethnic majority nationalism and anti-international sentiments, are quite probably at a loss.
It is only recently that the government has started to speak in terms of reconciliation and obtaining international support for it. At the two elections that brought this government to power, the Easter Sunday bombing and the consequent threat to national security, took centre stage. The majority, who voted for the government, did so to protect it from a variety of security threats they were told of, both within and outside the country. The wretched failure of the previous government to prevent the bombing, the first terrorist act of any magnitude since the war ended a decade earlier, was attributed to the personal weakness of the then government leaders. It was also attributed to the 19th Amendment which sought to give state institutions protection from use for partisan reasons by government politicians and to consequent disintegration of the system of command and control.
A second theme, at the two elections, was depiction of ethnic and religious minorities as potential security threats. This stemmed from the country’s experience of three decades of internal warfare with the armed Tamil separatist movements. This was followed by the Easter bombings by extremists from the Muslim community, who were feared to be having a vast support base both internally within the country and also externally. In these circumstances, the re-centralisation of power within the government hierarchy and greater role given to the security forces, received public acceptance as being part of the government’s democratic mandate. At the same time, by denying the equally legitimate concerns of the ethnic and religious minorities, the electoral results demonstrated the existence of an acute polarisation, and wound, in the body politic that continues to fester to the point of bringing in involuntary and imposed international interventions.
The challenge for the government is to represent the interests of all communities and not only the majority who voted it into power. The problem is that the government’s mandate comes, by and large, from the vote of the ethnic and religious majority in a country that has been polarised on ethnic and religious lines, for many decades. An ugly part of this reality is that in the prisons are several hundreds of Tamils and Muslims for the most part who are in custody for periods ranging from a few months to many years without trial. They are being held under the Prevention of Terrorism Act, ostensibly until the security forces find adequate evidence to put them before the courts of law. This contradicts the rule of law and the presumption in our legal system that we are innocent until proven guilty can have negative consequences.
In June this year, the EU parliament passed a resolution that the GSP Plus tariff privileges, made available to Sri Lanka should be withdrawn unless the government fulfilled its obligations in regard to the upholding of human rights. The resolution, expressing “deep concern over Sri Lanka’s alarming path towards the recurrence of grave human rights violations”, and makes specific reference to the use of the Prevention of Terrorism Act (PTA). The resolution notes the “continuing discrimination” against and violence towards religious and ethnic minorities, while voicing “serious concern” about the 20th Amendment passed in 2020, and the “resulting decline in judiciary independence, the reduction of parliamentary control, and the excessive accumulation of power with the presidency”. It also highlights “accelerating militarisation” of civilian government functions in Sri Lanka.
A delegation from the EU is currently in Sri Lanka to meet with members of the government, Opposition and civil society, to ascertain whether the country is fulfilling its obligations to be a beneficiary of EU trade benefits. It is likely that the delegation will be provided with evidence of human rights violations and acts of impunity. There are hundreds of persons languishing in prisons without being put on trial, many of whom are Tamils, suspected to be LTTE members, and more of them are Muslims, suspected of having links with the Easter bombings. When questioned in parliament about the latter, the minister in charge justified those detentions on the grounds that Muslim youth, including the Muslim parliamentarian who had questioned him, could contain Islamic State ideology in their heads and therefore be security threats.
At the last elections, the most potent theme was the failure of the then government to act effectively to protect the country from the Easter suicide bombings and the pressures from human rights actors in Geneva. Among the issues that loomed large at the last election was also the charge that the previous government was giving in too much to the Muslim community within the country. The fact that the Easter attacks were by Muslim suicide bombers added force to this charge. The prioritisation of national security in the election campaign had popular support. The influential religious clergy, associations of professionals and mass media also joined the battle in earnest and their messages reinforced one another. The recent debate in Parliament suggests the government’s thinking continues to be in sync with the mandate it received at those elections.
However, in his speech in New York, President Gotabaya Rajapaksa has shown signs of diverging from the politics of the past. The President said “Fostering greater accountability, restorative justice, and meaningful reconciliation through domestic institutions is essential to achieve lasting peace. So too is ensuring more equitable participation in the fruits of economic development. It is my Government’s firm intention to build a prosperous, stable and secure future for all Sri Lankans, regardless of ethnicity, religion, or gender. We are ready to engage with all domestic stakeholders, and to obtain the support of our international partners and the United Nations, in this process.” However, the President’s speech continues to be at variance with the ground realities at the present time and the general manner of governance since the President took office in November 2019.
So far the pledge of a new direction is articulated in words. The time for the government to make the President’s words real and act accordingly is now. This will help to overcome the deep and dark cynicism that has enveloped the country regarding promises made by politicians. The first step would be to apply the logic of the Justice Minister in Parliament. Replying to an Opposition Parliamentarian who called for the arrest of Minister Lohan Ratwatte who stands accused of entering a prison and threatening prisoners with his gun, the justice minister said that everyone is entitled to the presumption of innocence until proven guilty. This also applies to the hundreds of Tamils and Muslims in jail without evidence to charge them in a court of law. The better way to deal with the threats to national security is to win the confidence of all the communities in the Sri Lanka by treating them without discrimination, as children of one mother, as our national anthem proclaims.
Face shields, sans masks, on TV shows!
Covid-19 has claimed many lives, in our part of the world. Quite a few musicians, too, have had to face the music, where this deadly virus is concerned.
However, one is perturbed with the setup seen on some of our TV shows, especially where musicians are concerned.
The Covid-19 guidelines are never adhered to – no masks, no social distancing, etc.
There were reality shows held, post pandemic, where judges were seen even hugging their favourite contestants – with no masks.
With the virus turning deadly, some of the judges took to only wearing face shields. And, we now know the results of their stupidity.
By their irresponsible behaviour (wearing only face shields), they seem to be setting a trend for others to follow.
The question being asked is what are the health authorities doing? Why haven’t such folks been taken to task!
If the man on the street is arrested for not wearing a mask, how come these law-breakers go scot-free!
If wearing a mask is a hassle in an air conditioned setup, then such shows should be put on hold, or held virtual…live stream, zoom, from home, etc., and not with the participation of several artistes, in a studio.
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