Features
Being blooded into the Ceylon Army in 1971
Gotabaya R was in that officer intake
By Maj Gen (Rtd) Nanda Mallawaarachchi VSV
History bears evidence that the consolidation of a security arm of any country has its origins in a crisis.
In Sri Lanka, formerly known as Ceylon, it fell on the world’s first woman Prime Minister, Mrs. Sirima Bandaranaike, to face an insurrection by the Janatha Vimukthi Peramuna better idenfified as the JVP. Through attacks on Police Stations that began on April 5, 1971, their abortive attempt to overthrow a lawfully elected government began with an attempt to seize weapons.
Using shotguns, locally turned-out Gal Kattas and other improvised weapons they attacked the Wellawaya Police Station pre-dawn. Whether this launch was the result of mixed up communications or not, it did alert both the Police and the Armed Forces
Whether this group received wrong information regarding the date of the attack is arguable. Whatever the case, the JVP’s overall strategy and tactics utilized failed to overthrow the government. Unlike the present day, the Armed Forces of the 70s were miniscule in comparison. The Police Force was the main bastion of the state. To overcome future eventualities, Mrs. Bandaranaike took the crucial decision to expand the then Ceylon Army. As a result, 30 officer cadets, the largest contingent since the inception of the Ceylon Army, were recruited on April 26, 1971. It was to be Officer Cadet Intake 4. Nandasena Gotabaya Rajapaksa was among them.
I was fortunate to join 29 other school leavers to embark on an epic journey. Having reported to the Army Recruiting Officer at Army Head Quarters on Lower Lake Road (later Baladasksha Mawatha), we went through the enlistment procedure. We were now officially Officer Cadets with Cadet number C/51183 assigned to me including a princely monthly salary of SLR 430.00.
After being accommodated in a billet at the Headquarter Company of the Army HQ, we were served dinner. On the following day all of us were bundled into a rickety old Army bus for the journey to the Army Training Centre (ATC) in Diyatalawa. We were escorted all the way to the ATC by a dashing young Captain. We never saw him again until we passed out as officers and joined our respective regiments. (Later we recognised this dashing Captain as the “Aide-de Camp” to the then Army Commander, Major General Sepala Attygalle.
The bus ride to Diyatalawa was of course the time for dreams. A smart jungle green uniform with umpteen pips on the shoulders, sitting rigidly in an Army jeep being driven around was a favourite scene for all of us. Talk about pies in the sky! Instead of jeeps, we were carted around in a WW II era 4T transporter in which the tailgate was never lowered. Getting in and out of this vehicle was therefore a challenge. Cursing and swearing during this high risk manoeuvre was a regular norm for us in addition to being ingrained with the military term “debussing”!
Diyatalawa was a different kettle of fish to what we were used to where the weather was concerned. If it was shock tactics we were supposed to be subjected to, then it worked perfectly. It was freezing cold during nights. The blankets, probably of World War I vintage, did little to keep us warm. The next day after the attendance being noted, we were issued with the Universal Army Kit Bag, better know as the “Ali Kakula” and the AFQ-1 items issued to a recruit. These consisted of basic items such as an aluminium plate, a mug, a mess tin etc. Various types of uniforms were also issued including berets, cap badges, collar badges and the likes.
Once the “kit issue” parade was concluded and the newly acquired items packed inside the “Ali Kakula“, it weighed at least 20 kg. The fun had just begun! We were then taken on a “camp visit” with strict orders for the “Ali Kakula” to be held over our heads. It was however not a walk in the park but a camp tour “on the double”, a medium paced jogging speed. The “Ali Kakula” was not allowed to be kept on the ground at any time during the “Observation tour”. What a spectacle we would have made; dressed formally in shirt, formal trousers and neck-tie carrying the Universal Kit Bag over our heads.
Ten minutes were allocated for us thereafter to change into out PT kits and report. There we were, punctually, in white shorts, white T shirt, white socks and white canvas PT shoes for the next round of manoeuvres. Frog-jumps, Forward rolls and the likes were thereafter executed under the hawk eyes of the Under Officer from Intake 3. The initial briefing in the Cadets’ Café by the Chief Instructor, Major SP De Silva of the CLI, still echoes in the writer’s mind. “Gentlemen, welcome to the Ceylon Army” he said. “We will break you and re-make you in such a manner that nobody, repeat nobody, will be able to break you ever again!”
For three long months thereafter it was being “ground into the ground”. Gruelling lessons, drill, parades and the deadly billet and uniform inspections. We spent most nights in a foxhole (two-man trench) defending the camp with rain and freezing cold as team members. It was a miracle that nobody lost teeth due to the constant chattering. There was no respite in the mornings thereafter. Roll call was once again at 0530h. The camp buglers ensured that we were up prior to the rooster’s call.
PT, ablutions and breakfast thereafter was the routine. Half a loaf of bread, pol sambol and gravy with a banana thrown in; was the gourmet breakfast menu, day in day out. We ate fast as the small amount of gravy in the plate might otherwise have evaporated. All movements during this time within the camp were “on the double”. The entire batch of officer cadets would be moving “on the double” from the billet to the mess hall, from the mess hall to the training area, from the training area to the lecture hall etc. Dozing off during lectures was a norm for some due to physical fatigue. The Spartans from the days of yore would have been proud of our training regime.
By the third week of this “breaking us” (prior to remaking us), we had hit an extreme situation where morale was concerned. “Decamping” was a common topic of discussion amongst us. One cadet threw in the towel during the first week; he could not take it anymore. The initial financial bond which we all had to sign at “A” Branch of Army HQ, compelling us to pay a proportionate amount to the Army in the event we resigned, might have been psychological balm that motivated some cadets to carry on. By and by, we gradually got used to the training whereas rules allowed us to “march” instead of moving “on the double” between venues after the first month.
Teachers form an integral part of anything taught. A teacher could make the training interesting and absorbing or make it lacklustre for the student not to learn at all. We had a batch of disciplined instructors of sterling quality who ensured that we learnt all that was supposed to be learnt. Discipline in parallel was ingrained into us from day one. The Commandant of the then Army Training Centre (ATC), was none other than Lt. Col. Denis Perera (later the Army Commander), a stickler for discipline. No slack was tolerated at any time. He would occasionally visit us during our theory classes held at that time in the Cadets’ Café. You could hear a pin drop during the silence that followed.
The military lecturer, after obtaining permission, would carry on with the lecture. Any cadet dozing off, would suddenly be jolted back to life when his name was fired after a question was posed by the Commandant himself. He was omniprescent, his rough and commanding voice unmistakable. He would drive around the cantonment in his personal vehicle. The Mercedes Benz with its registration number 5 Sri 111, is still etched in this writer’s mind.
We learnt tactics, fieldcraft, map reading and current affairs. Leadership studies of course overarched all courses. Military tactics such as defilading, enfilading and reverse slope manoeuvres began to haunt us thereafter in our dreams. WO 2 Peris of the Armoured Corps, as the “Cadet Wing” Se argent Major, equipped with the pace stick, taught us drill. Corporal Dassanayake of the Signal Corps was the specialist teacher on signals theory and practices. Corporal Cyril the PT Instructor made us physically fit and robust. Gymnastics, “horse work” and rope climbing were to become a norm during this time. Corporal Cyril also took us on walks and runs up to the Diyatalawa City Marker in the direction of Haputale. Corporal Wreeves, the explosives expert from the Engineers taught us the use of minor explosive devices. He also had the dubious honour of checking us inside the foxholes at night and meting out punishment to whoever was caught sleeping.
Corporal Thusiman, the perpetual disciplinarian, was ever ready to mete out extra punishments. Corporal Boyagoda was the compassionate one checking on our wellbeing at all times. While we were busy during military drill at the Parade Square, our billets were inspected by the Under Officer or Course Commander for orderliness and cleanliness. Anything “out of line, balance and sheen” was rewarded with “pack-drill” during afternoons and night.
Weapon training was another adventure. We were issued the 22 during the first term and trained to shoot at indoor targets at 50y meters. Later we used the legendary Short Magazine Lee Enfield rifle (known as the “Smellie” during WW II), better known as the 303, with five rounds in the magazine. Natural sense prevailed when adjusting the sights. It was “click-up” or “click-down” for elevation during sighting. We developed a healthy respect for the weapon. Woe betide anybody having a space between the rifle butt and “anterior deltoid” during prone firing exercises. The 303’s recoil was so powerful that a mule kick, in comparison, could have been considered a pleasant experience.
It was a miracle there were no broken shoulder blades. The bayonet and the 303 were also a deadly combination. We were mighty careful during rifle drill, especially during “slope arms” with the bayonet fitted. The bayonet would have pierced the right cheek had we not been careful. We used the 303 even as officers in the various units till the advent of the “self-loading rifle” era. The 303 was used for Inter Unit Firing Competitions where we had to hit the “bull” on a 10’ x 10’ target at 1000 yards. The “click-up” and “click-down” adjustments came in handy during these extreme distances.
We were allowed to leave the camp for a day out after our first term of training. Terms and conditions still applied. We could only go out in pairs. We had to keep step when walking and walk abreast. Polished shoes, smart trousers, pressed long sleeved shirt, neck tie and blazer were a must. The writer remembers getting “Seiyathu” the tailor, to sew his blazer. It was a matter of undertaking a couple of fittings before the blazer was ready. The day out was of course memorable. We would make a dash to Bandarawela by bus; a one way ticket cost 30 cents. The Chinese Restaurant operated by Mr. Lee was one of our favourite haunts. A bottle of beer was Rs 6.00 whereas a sumptuous meal was Rs. 9.00. The Hidaya Bakery was another restaurant we used to frequent. We would walk the entire length of the Main Road from the Bus stand, past the Market building down to Cyril Studio and back to get on the bus for the return to the Camp.
We were taken to Lahugala for a thirty-three day “Jungle Training” during our final term of training. Captain Wijaya Wimalaratne (posthumously promoted to Major General in 1992) who had returned from Malaysia after having followed the Malayan Jungle Course was to be our instructor. The then Malayan Army having fought a long drawn jungle warfare campaign had managed to defeat communist insurgents. This experience had been condensed into a few jungle warfare books and pamphlets and published. These publications would initially serve as basic theory for us.
Captain Wimalaratne was to conduct the practical training for us. He had designed and built a “Jungle Base” consisting of a billet for thirty officer cadets, accommodation for the officer instructors, other rank Instructors and cook house etc. The base was located adjacent to the ‘Heda Oya’, thereby ensuring a regular supply of clean water.
The cadets divided into three sections were taken into elephant infested jungle, progressively penetrating deeper and deeper into the dense foliage where the jungle canopy did not even allow the sun to penetrate and where advancing even a metre required the use of machetes. Ambushing the enemy, counter ambushing drills, Immediate Action drills (IA Drills) etc. were the norms during this time. It was 33 days of hell. The conditions were exacerbated due to real life scenarios. There was no possibility of bathing for up to five days. Drinking water was limited and carried in our water canteens. The only food allowed was “meal ready to eat” (MRE), where the quantities consisted of no more than two to three tablespoons.
The Jungle Warfare Training started during the Intake 4 era, morphed from the initial embryo stage into a fully functional streamlined, professional training in later years. The credit for organizing and streamlining this training goes to the late Major General Wijaya Wimalaratne, who was known as “Jungle Wimale” amongst our batch mates.
We started rehearsals for the “Passing out Parade” (POP) exactly two months prior to the event. This was to be the hightpoint of our training and subsequent graduation. We were eager to become commissioned officers. All rehearsals included the sword and the scabbard. The sword of course symbolised “the commission” presented by the Governor General of Ceylon. Full dress rehearsals were held two to three weeks prior to the event again so that we were fully versed with the process and utilization of full regalia. The Hon. Lakshman Jayakody (Deputy Minister of Defence) was the Chief Guest at the POP. Nineteen cadets passed out in 1972 as Second Lieutenants. We were officers of the Ceylon Army. Our pride knew no bounds! The commissioning dinner was thereafter held at the Ceylinco House (opposite the Central Bank) in Colombo which at that time was the tallest building in the country.
As new commissioned officers, we had the option of joining a unit of our choice. This of course was based on the number of vacancies in that particular unit and our aptitude for the unit’s speciality. Most got their chosen unit whereas some did not. However all batchmates settled in where they were posted to develop a professional military career. The writer was posted to the Ceylon Light Infantry (CLI), an ambition fulfilled. This would be the start once again of other specialised training for us, the freshly baked Second Lieutenants. The training in Diyatalawa was a foundation at the beginning of a career. It broke us in a way and remoulded us to fit a specific role. We were taught never to give up and to find options and solutions. Now, light years away from the gruelling training we can look back at those days with nostalgia.
Us batchmates, were many and we definitely were different. Some were physically strong, some mentally. Each had his own strengths and weaknesses. We managed to amalgamate into a strong group and exploit our strengths, which were to prove crucial in later years. We managed to provide moral strength to each other. Whatever was thrown at us, good or bad, was accepted with courage and purpose. We never looked down on our colleagues until unless it was, literally, to give them a helping hand.
Our batch accepted all challenges that came our way in life. Some of us rose to the highest ranks in the military. We served our country and proved ourselves in combat with heads held high. Let us also bow our heads for a moment in silence to remember the batchmates not with us today. Some of us upon retirement from our “employer” went on to accept other challenges. “The batch” produced Secretaries of various Ministries, Directors-General of Departments and Ambassadors who represented the country. Intake 4 should also be the proudest batch of Officer Cadets.
Officer Cadet C/51185, our batchmate of Intake 4, Gotabaya Rajapaksa, went on to become the nation’s Defence Secretary and subsequently the incumbent Executive President! Allow me, on behalf of the entire Intake 4, to wish His Excellency, the best in fulfilling his duties. Thus a saga undertaken in 1971 has continued to this day. Strong foundations laid 50 years back have enabled us to build even stronger structures throughout our journeys in life.
Features
Independence of the judiciary, democratic governance, and dismantling of the executive presidency:
the basis for drafting a new constitution
By Savitri Goonesekere
( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. )
Today there is so much confusion: what is Constitutionalism? What is a Constitution? Why do we need a Constitution? We must recognise that, it has been civil society, including professionals in this country, who have always articulated a voice on issues of public concern. If you remember the time of COVID, we had the medical professionals articulating a voice because this was a matter of public concern. So, the Bar Association, too, has expressed views on public concerns. We have with us this evening, President’s Counsel Mr. M. A. Sumanthiran, and Mr. Geoffrey Alagaratnam, and we will have President’s Counsel Mr. Saliya Pieris, who will join us later.
They and many other leading lawyers have always led from the front. And in that regard, in the case of the legal profession, inevitably there are areas of public concern that necessarily mean that they have to call the government to account. When that happens, the Bar Association is required to question government’s action or inaction including their policies
Now, in the past, I don’t think it was as bad as today, because today we have such adversarial, confrontational politics that if by any chance—and an unlucky chance—the Opposition’s stand on a matter happens to coincide with that of professionals, then there’s a delegitimisation of the professionals. That is wrong because professionals must have the courage to speak for their profession, even when they question the government. Constitutionalism and Constitution-making, to be functional, must have bipartisan consensus. When that is not there, even professionals who articulate a voice are seen as either anti-government, against government, or worse, lackeys of the government.
I think citizens should be aware of these realities, and therefore reflect on what it means to have a Constitution. What is a Constitution? A Constitution is, after all, the basic law of a country which will regulate the governance system. And to regulate a governance system, you have to have a framework for governance. The framework for governance also then will have to have institutions of governance. That would be what you call the system of governance. Now, those institutions of governance also have to be embedded and linked with some values, and a values framework.
In the 20th and 21st centuries, we have basically two forms or frameworks of governance. One is Democracy. The other is what we call centralised power with perhaps a single leader. That kind of governance does not focus in the way that Democracy does on the Sovereignty of the people, the rights and liberties of citizens of the country. Therefore, we need to understand in Constitution-making where we stand. Is it going to be for Democracy or is it going to be for another form of government? And I say this because today we’re constantly talking of the Democratic deficit, the failures of Democracy. Contrasted with that are countries which have strong leadership, single leadership, supposed to propel our counties into economic growth and a wonderful future.
In that context, therefore, we need to ask ourselves: what is the value in Democracy? Now Democracy, we must understand, was born of an evolutionary framework developed from a time when there was single leadership by a king, a monarch. Democracy didn’t come overnight. It had to dismantle monarchy and single leadership, and that’s what it did. Historically we know that basic ideas on Democracy as a form of governance can be traced to the Greek civilisation and time of what we call the Western Enlightenment. It was the Western Enlightenment that brought together these ideas of the Sovereignty of the People, a social contract between government and the People who are governed, and the central importance of the People of a country. That is Democracy. That did not come overnight. It took centuries. It took ideologies. It took thought. It required struggle born also of blood and tears.
Today we dismiss Democracy and this history and say, “Oh, it is elitist liberalism.” But we must not forget that Democracy was born as an evolution from monarchy and single leadership, replacing this with the concept of government that respected the rights of the Sovereign people. The central importance of the Sovereign Peoples rights to be protected from abuse of state power is the foundation of democracy as a form of governance. The European countries and the UK engaged with that system of governance.
By 1948, when the UN Charter and the International instruments were drafted, there were two different approaches to governance. One was the Western tradition born of their experience evolving from monarchy to People’s rights and People’s sovereignty that focused on civil liberties: freedom from torture, freedom of speech, freedom of expression, freedom to protest—those are civil liberties. But the weakness was that there was no recognition of social and economic rights as the rights of the people: that was absent in that tradition.
On the other hand, there were member states from the Communist countries, which had the centralized, authoritarian system of governance. They did not recognise civil liberties, but focused on meeting all their people’s social and economic needs as rights: health, education, shelter.
In 1948, we must remember that there were therefore two major international treaties or covenants: one, a Covenant on Civil and Political rights, and another one on Economic and Social rights. That was the Cold War period. But then subsequently through the years, there were changes. In the 1990s, there was the flowering of the human rights tradition. Member states of the UN came together at the Vienna World Conference in 1993, which then recognized that ALL these rights should be human rights of peoples across the globe
So, the Western liberal civil liberties tradition, linked with that of the countries of the Global South like Malaysia, China, and Russia—which recognized and gave importance to social and economic rights. And then a consensus developed that ALL these rights are important; they are “indivisible.” We witnessed this in the 1990s, and the early years of this millennium in the development of many international Conventions which declared human rights on the basis of both civil liberties and social and economic rights.
One would have thought that we would achieve a global consensus on the broadening of the meaning of democracy and a movement away from this concept of strong leadership without civil liberties. But we have not had that. In place of that, we have had a decline in multilateralism in the UN system, giving way to bilateralism, once again back to this focus on two systems: Democracy or strong single leadership.
In this global context, let us compare the situation in countries like ours, which experienced decolonization: countries which knew the impact of colonialism. What happened in those countries? These civil liberties, the legacy of the colonial powers, were used in freedom struggles. They were used to dismantle colonialism. That is why the idea that this liberal tradition of civil rights is a colonial white man’s sudda-law should be challenged. Because this is not so. These countries of South Asia and Africa internalised the values of Democracy, the systems of governance known as Democracy, and built for their nations Constitutions which recognized the importance of civil liberties and control of state power And you see this in India, you see this in Nepal, you see this in Sri Lanka: we had the same concepts of the importance of civil liberties in Constitutionalism. But we focussed on civil liberties. Social and economic rights in the Vienna Convention were considered only as social policies, following the Western tradition on people’s rights.
And what is the meaning of Constitutionalism? The Sovereign people have given their consent to the rulers to rule subject to protection of THEIR rights. And that means that Constitutionalism must prevent the abuse of State and Government power. . Today sometimes we talk of authoritarian Constitutionalism, we talk of abusive Constitutionalism. That’s a contradiction. If Constitutionalism is to prevent abuse of state, government power, you can’t have authoritarian constitutionalism or abusive constitutionalism. What you can say is you can abuse of constitution making process to embed an authoritarian system of governance.
So, we must now, therefore, recognise that even today, if we say there’s a Democratic deficit, this system of governance has been used in our countries to give a better quality of life to our people. There have been failures; there are dysfunctional areas, but that does not mean you have to reject something which has been a powerful force for recognising the importance of the citizens of a country.
I think today when we are challenged with all this talk on the deficit of democracy, the importance of single leadership and authoritarian governance to deliver development, we must stay the course and say: “No, for Sri Lanka, from 1948 we have had Democratic governance.” Governments have not delivered in many areas—true—so the challenge is to focus on Constitutionalism in a new Constitution. Priority must be given to help the government to deliver on the gaps that we have, and ensure the well-being of our people. Constitutionalism must be the basis for drafting a new constitution.
I think we have to also challenge this often-repeated statement that we have a “78-year curse” in governance. We have had deficiencies, but we have had Democratic governance. Central to that has been regular elections and the resilience of the People. Also, the contribution of the courts of this country, the lawyers of this country in ensuring that there has been some accountability in governance.
Some of you may not remember, but I have lived through dark times. I have witnessed the horror of the murder of a dear student, a politician whose head was cut off by the JVP—the Deshapremi at that time—and stuck on his gate. He had young children. I have gone with my husband in dark curfew streets to help clear a body for burial, where the first person who opened the poll, a relative, was killed at the General Election the JVP prohibited.
So, we in this country have lived through dark times. But we also have moved from that dark past to a point where those involved in an armed struggle the JVP entered into the democratic political process. They did so in 1994. Having come into that political process, the Democratic process, it is a commitment made to the people. We must hold this government with its JVP partner to deliver on Democracy, and not any other system of governance.
Let us look at our history of Constitutionalism and Constitution making. What is our history? 1948: we had the parliamentary system. We had, particularly in relation to the minorities, decisions of the appeal courts which have been criticised, which did not take into account minority rights. So, there were deficiencies. But we had a written constitution, we had courts, we had public administration and law enforcement systems that functioned. That was the dividend of post-independence freedom and political autonomy in Sri Lanka.
Then in 1972: with a massive mandate, we had a government which again brought in the 1972 “autochthonous” or home grown constitution. But what did it do? In fact, it interpreted the Sovereignty of the People as the Sovereignty of Parliament and parliamentarians. And that made Democracy dysfunctional. There is a recorded history of the abuse of power that took place at the time, including the conflict with the courts.
Now change was promised in 1978 Constitution. The people gave a massive mandate for a Dharmishta anduwa. And then what happened ? Again, we put in place all the democratic institutions as we know them, the system of democracy familiar in the liberal tradition. But a huge gap was the aggrandizement of power in the strong Executive Presidency, which has led to decades of problems in the governance of this country.
The Executive Presidency of 1978 has destabilised what were good public institutions. It has contributed to an ethos where, in institutions, the person who is considered the boss is supposed to lead, and everybody else does not question him/her. That happens in the public sector today in many institutions, and I’m told (and it looks like it does) that sometimes this also happens in the private sector. So, we have developed what you call a boss-man culture which seeps down to society, not just public institutions and governance. The Executive Presidency, therefore, has contributed to the weakening of many public institutions and also, to a large extent, a culture of corruption, and abuse of power.
This decline has been understood, and because it has been understood, since the year 2000 we have been asking for a new Constitution that will eliminate the Executive Presidency. Successive political leaders including the current President and their political parties have pledged in election manifestos to do this. At least the Chandrika Bandaranaike government fulfilled that promise and brought such a constitution in 2000 to abolish the Executive Presidency and strengthen the democratic institutions to achieve accountable governance to the People. Unfortunately, a subsequent and recent executive President and his party tore that Constitution to shreds in Parliament. That was 2000.
(To be continued)
Features
Coercive laws recipe for future misrule
by Jehan Perera
The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.
The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.
But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.
Proposed Laws
The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.
The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.
The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.
Civil Society
The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.
Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.
The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.
Features
Quality assurance without quality enhancement: The irony of university QA
By Ramya Kumar
According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.
An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.
The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.
Top-down check-box activities
The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.
There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).
1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….
2: And with pictures and all…
1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”
2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..
1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…
2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!
1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.
2: yea, when you say QA, my mind closes off immediately and I stop listening…
Auditing everything but power
QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.
The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.
A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.
This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.
External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.
Rethinking university QA
Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.
QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)
. Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
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