Features
Camouflaged Emergency Rule
By Dr. Jayampathy Wickramaratne
President’s Counsel
On 30 August 2021, President Gotabaya Rajapaksa was reported to have issued emergency regulations relating to the supply of essential food items. The Presidential Media Division stated: “As per the powers vested in terms of the section 2 of the Public Security Ordinance, President Gotabaya Rajapaksa declared emergency regulations formulated as per the section 5 on essential food supply, with effect from midnight today, by enforcing directives under the section ii of the Ordinance. The authorised officers will be able to take steps to provide essential food items at concessionary rate to the public by purchasing stocks of essential food items including paddy, rice and sugar, at Government guaranteed prices or based on the Customs value on imported goods to prevent market irregularities which are causing inconvenience to consumers due to concealing of stocks of essential food items including paddy, rice and sugar and to prevent selling them at higher prices. This will be implemented in such a way that the loans granted to purchase stocks from the State Banks could be recovered from the borrowers. Major General M. D. S. P. Niwunhella has been appointed as the Commissioner General of Essential Services to coordinate the supply of paddy, rice, sugar and other consumer goods that are essential to maintain the livelihood of the people.”
The regulations look innocuous at first blush. Most people would have welcomed them at face value in these difficult circumstances. Even the Opposition seemed at first to accept them without demur. It took almost a day for the Opposition to realise what had actually happened. Several local and foreign media reported that a mere “food emergency” had been declared.
Applicable constitutional and statutory provisions
What most people did not realise is that the country had been brought under a fully-fledged state of emergency. A state of public emergency is declared under section 2 (1) of the Public Security Ordinance (PSO), which reads: “Where, in view of the existence or imminence of a state of public emergency, the President is of opinion that it is expedient so to do in the interests of public security and the preservation of public order or for the maintenance
of supplies and services essential to the life of the community, the President may, by Proclamation published in the Gazette, declare that the provisions of Part II of this Ordinance shall, forthwith or on such date as may be specified in the Proclamation, come into operation throughout Sri Lanka or in such part or parts of Sri Lanka as may be so specified.” Part II of the PSO gives the President wide powers, powers to rule by decree.
Article 155 (3) of the Constitution states: “The provisions of any law relating to public security, empowering the President to make emergency regulations which have the legal effect of over-riding, amending or suspending the operation of the provisions of any law, shall not come into operation, except upon the making of a Proclamation under such law, bringing such provisions into operation.”
Not all actions permitted under the PSO require the declaration of a state of emergency as a prerequisite. For example, section 12, which is in Part III of the PSO titled “Special Powers of the President”, permits the President to call out the armed forces. Section 16 authorises the President to declare a curfew. Under section 17, the President may declare a service to be an essential service if he considers it necessary in the public interest to do so for the maintenance of any service which, in his opinion, is essential to the life of the community.
The devil in Part II
What, then, is the constitutional significance of a state of emergency bringing Part II into effect? Article 155 (2) spells out the effect. “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 overriding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution.”
Now, therefore, the President is empowered to rule by emergency regulations made under Part II, which, unlike Bills, are not subject to pre-enactment judicial review by the Supreme Court. This is not to say that emergency regulations cannot be challenged. Such challenge would have to be by way of fundamental rights applications which, as we have seen, entail a certain amount of time for final decision.
The only constraint on a President who declares a state of emergency is that a Proclamation under section 2 of the PSO must be communicated to Parliament and approved by Parliament. The present Government has a two-thirds majority in Parliament and would have no difficulty in getting a Proclamation approved.
Why now?
When the Covid-19 pandemic broke out in 2020, the Government said that it did not need powers under the PSO to deal with the issues arising out of the pandemic. Parliament had been dissolved on 03 March 2020, and a declaration of emergency would have resulted in the summoning of Parliament under the applicable constitutional provisions. The Government did not have a majority in that Parliament.
It is usual for any government to inform the country that a state of emergency has been declared. Not so the present government, which did so surreptitiously. The PMD release makes no reference to a state of emergency being declared and Part II of the PSO being brought into operation, merely saying instead that directives under a non-existent “section ii” of the PSO have been made.
The government had all the time in the world to bring in any legislation needed to deal with the crisis but opted not to do so. Article 122 (1) of the Constitution inserted by the 20 th Amendment permits “urgent Bills” in the interest of national security or for the purpose of any matter relating to disaster management. When its coalition partners opposed the re-introduction of urgent Bills, which had been done away with by the 19 th Amendment, the government reached a compromise with them to restrict such Bills to those in the interest of national security and for disaster management. The government is, therefore, free to even bring urgent Bills to deal with the pandemic.
The danger is that given the present government’s propensity to stifle dissent, emergency regulations would be used to curb protests and other democratic action. The government’s popularity is declining by the day, and even its most ardent supporters would find it difficult to disagree that no government in Sri Lanka became so unpopular in such a short time. The coming months are likely to see the state of emergency being used to trample upon the democratic rights of the people.
Features
Recruiting academics to state universities – beset by archaic selection processes?
Time has, by and large, stood still in the business of academic staff recruitment to state universities. Qualifications have proliferated and evolved to be more interdisciplinary, but our selection processes and evaluation criteria are unchanged since at least the late 1990s. But before I delve into the problems, I will describe the existing processes and schemes of recruitment. The discussion is limited to UGC-governed state universities (and does not include recruitment to medical and engineering sectors) though the problems may be relevant to other higher education institutions (HEIs).
How recruitment happens currently in SL state universities
Academic ranks in Sri Lankan state universities can be divided into three tiers (subdivisions are not discussed).
* Lecturer (Probationary)
– recruited with a four-year undergraduate degree. A tiny step higher is the Lecturer (Unconfirmed), recruited with a postgraduate degree but no teaching experience.
* A Senior Lecturer can be recruited with certain postgraduate qualifications and some number of years of teaching and research.
* Above this is the professor (of four types), which can be left out of this discussion since only one of those (Chair Professor) is by application.
State universities cannot hire permanent academic staff as and when they wish. Prior to advertising a vacancy, approval to recruit is obtained through a mind-numbing and time-consuming process (months!) ending at the Department of Management Services. The call for applications must list all ranks up to Senior Lecturer. All eligible candidates for Probationary to Senior Lecturer are interviewed, e.g., if a Department wants someone with a doctoral degree, they must still advertise for and interview candidates for all ranks, not only candidates with a doctoral degree. In the evaluation criteria, the first degree is more important than the doctoral degree (more on this strange phenomenon later). All of this is only possible when universities are not under a ‘hiring freeze’, which governments declare regularly and generally lasts several years.
Problem type 1
– Archaic processes and evaluation criteria
Twenty-five years ago, as a probationary lecturer with a first degree, I was a typical hire. We would be recruited, work some years and obtain postgraduate degrees (ideally using the privilege of paid study leave to attend a reputed university in the first world). State universities are primarily undergraduate teaching spaces, and when doctoral degrees were scarce, hiring probationary lecturers may have been a practical solution. The path to a higher degree was through the academic job. Now, due to availability of candidates with postgraduate qualifications and the problems of retaining academics who find foreign postgraduate opportunities, preference for candidates applying with a postgraduate qualification is growing. The evaluation scheme, however, prioritises the first degree over the candidate’s postgraduate education. Were I to apply to a Faculty of Education, despite a PhD on language teaching and research in education, I may not even be interviewed since my undergraduate degree is not in education. The ‘first degree first’ phenomenon shows that universities essentially ignore the intellectual development of a person beyond their early twenties. It also ignores the breadth of disciplines and their overlap with other fields.
This can be helped (not solved) by a simple fix, which can also reduce brain drain: give precedence to the doctoral degree in the required field, regardless of the candidate’s first degree, effected by a UGC circular. The suggestion is not fool-proof. It is a first step, and offered with the understanding that any selection process, however well the evaluation criteria are articulated, will be beset by multiple issues, including that of bias. Like other Sri Lankan institutions, universities, too, have tribal tendencies, surfacing in the form of a preference for one’s own alumni. Nevertheless, there are other problems that are, arguably, more pressing as I discuss next. In relation to the evaluation criteria, a problem is the narrow interpretation of any regulation, e.g., deciding the degree’s suitability based on the title rather than considering courses in the transcript. Despite rhetoric promoting internationalising and inter-disciplinarity, decision-making administrative and academic bodies have very literal expectations of candidates’ qualifications, e.g., a candidate with knowledge of digital literacy should show this through the title of the degree!
Problem type 2 – The mess of badly regulated higher education
A direct consequence of the contemporary expansion of higher education is a large number of applicants with myriad qualifications. The diversity of degree programmes cited makes the responsibility of selecting a suitable candidate for the job a challenging but very important one. After all, the job is for life – it is very difficult to fire a permanent employer in the state sector.
Widely varying undergraduate degree programmes.
At present, Sri Lankan undergraduates bring qualifications (at times more than one) from multiple types of higher education institutions: a degree from a UGC-affiliated state university, a state university external to the UGC, a state institution that is not a university, a foreign university, or a private HEI aka ‘private university’. It could be a degree received by attending on-site, in Sri Lanka or abroad. It could be from a private HEI’s affiliated foreign university or an external degree from a state university or an online only degree from a private HEI that is ‘UGC-approved’ or ‘Ministry of Education approved’, i.e., never studied in a university setting. Needless to say, the diversity (and their differences in quality) are dizzying. Unfortunately, under the evaluation scheme all degrees ‘recognised’ by the UGC are assigned the same marks. The same goes for the candidates’ merits or distinctions, first classes, etc., regardless of how difficult or easy the degree programme may be and even when capabilities, exposure, input, etc are obviously different.
Similar issues are faced when we consider postgraduate qualifications, though to a lesser degree. In my discipline(s), at least, a postgraduate degree obtained on-site from a first-world university is preferable to one from a local university (which usually have weekend or evening classes similar to part-time study) or online from a foreign university. Elitist this may be, but even the best local postgraduate degrees cannot provide the experience and intellectual growth gained by being in a university that gives you access to six million books and teaching and supervision by internationally-recognised scholars. Unfortunately, in the evaluation schemes for recruitment, the worst postgraduate qualification you know of will receive the same marks as one from NUS, Harvard or Leiden.
The problem is clear but what about a solution?
Recruitment to state universities needs to change to meet contemporary needs. We need evaluation criteria that allows us to get rid of the dross as well as a more sophisticated institutional understanding of using them. Recruitment is key if we want our institutions (and our country) to progress. I reiterate here the recommendations proposed in ‘Considerations for Higher Education Reform’ circulated previously by Kuppi Collective:
* Change bond regulations to be more just, in order to retain better qualified academics.
* Update the schemes of recruitment to reflect present-day realities of inter-disciplinary and multi-disciplinary training in order to recruit suitably qualified candidates.
* Ensure recruitment processes are made transparent by university administrations.
Kaushalya Perera is a senior lecturer at the University of Colombo.
(Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.)
Features
Talento … oozing with talent
This week, too, the spotlight is on an outfit that has gained popularity, mainly through social media.
Last week we had MISTER Band in our scene, and on 10th February, Yellow Beatz – both social media favourites.
Talento is a seven-piece band that plays all types of music, from the ‘60s to the modern tracks of today.
The band has reached many heights, since its inception in 2012, and has gained recognition as a leading wedding and dance band in the scene here.
The members that makeup the outfit have a solid musical background, which comes through years of hard work and dedication
Their portfolio of music contains a mix of both western and eastern songs and are carefully selected, they say, to match the requirements of the intended audience, occasion, or event.
Although the baila is a specialty, which is inherent to this group, that originates from Moratuwa, their repertoire is made up of a vast collection of love, classic, oldies and modern-day hits.
The musicians, who make up Talento, are:
Prabuddha Geetharuchi:
(Vocalist/ Frontman). He is an avid music enthusiast and was mentored by a lot of famous musicians, and trainers, since he was a child. Growing up with them influenced him to take on western songs, as well as other music styles. A Peterite, he is the main man behind the band Talento and is a versatile singer/entertainer who never fails to get the crowd going.
Geilee Fonseka (Vocals):
A dynamic and charismatic vocalist whose vibrant stage presence, and powerful voice, bring a fresh spark to every performance. Young, energetic, and musically refined, she is an artiste who effortlessly blends passion with precision – captivating audiences from the very first note. Blessed with an immense vocal range, Geilee is a truly versatile singer, confidently delivering Western and Eastern music across multiple languages and genres.
Chandana Perera (Drummer):
His expertise and exceptional skills have earned him recognition as one of the finest acoustic drummers in Sri Lanka. With over 40 tours under his belt, Chandana has demonstrated his dedication and passion for music, embodying the essential role of a drummer as the heartbeat of any band.
Harsha Soysa:
(Bassist/Vocalist). He a chorister of the western choir of St. Sebastian’s College, Moratuwa, who began his musical education under famous voice trainers, as well as bass guitar trainers in Sri Lanka. He has also performed at events overseas. He acts as the second singer of the band
Udara Jayakody:
(Keyboardist). He is also a qualified pianist, adding technical flavour to Talento’s music. His singing and harmonising skills are an extra asset to the band. From his childhood he has been a part of a number of orchestras as a pianist. He has also previously performed with several famous western bands.
Aruna Madushanka:
(Saxophonist). His proficiciency in playing various instruments, including the saxophone, soprano saxophone, and western flute, showcases his versatility as a musician, and his musical repertoire is further enhanced by his remarkable singing ability.
Prashan Pramuditha:
(Lead guitar). He has the ability to play different styles, both oriental and western music, and he also creates unique tones and patterns with the guitar..
Features
Special milestone for JJ Twins
The JJ Twins, the Sri Lankan musical duo, performing in the Maldives, and known for blending R&B, Hip Hop, and Sri Lankan rhythms, thereby creating a unique sound, have come out with a brand-new single ‘Me Mawathe.’
In fact, it’s a very special milestone for the twin brothers, Julian and Jason Prins, as ‘Me Mawathe’ is their first ever Sinhala song!
‘Me Mawathe’ showcases a fresh new sound, while staying true to the signature harmony and emotion that their fans love.
This heartfelt track captures the beauty of love, journey, and connection, brought to life through powerful vocals and captivating melodies.
It marks an exciting new chapter for the JJ Twins as they expand their musical journey and connect with audiences in a whole new way.
Their recent album, ‘CONCLUDED,’ explores themes of love, heartbreak, and healing, and include hits like ‘Can’t Get You Off My Mind’ and ‘You Left Me Here to Die’ which showcase their emotional intensity.
Readers could stay connected and follow JJ Twins on social media for exclusive updates, behind-the-scenes moments, and upcoming releases:
Instagram: http://instagram.com/jjtwinsofficial
TikTok: http://tiktok.com/@jjtwinsmusic
Facebook: http://facebook.com/jjtwinssingers
YouTube: http://youtube.com/jjtwins
-
Opinion4 days agoJamming and re-setting the world: What is the role of Donald Trump?
-
Features4 days agoAn innocent bystander or a passive onlooker?
-
Features5 days agoRatmalana Airport: The Truth, The Whole Truth, And Nothing But The Truth
-
Features6 days agoBuilding on Sand: The Indian market trap
-
Opinion6 days agoFuture must be won
-
Business6 days agoDialog partners with Xiaomi to introduce Redmi Note 15 5G Series in Sri Lanka
-
Business5 days agoIRCSL transforms Sri Lanka’s insurance industry with first-ever Centralized Insurance Data Repository
-
Opinion1 day agoSri Lanka – world’s worst facilities for cricket fans



