ECT: A toss between confrontation and compromise!
People placing their signatures on postcards during a protest campaign held by the railway unions on Monday against what they called a move to sell the East Container Terminal of the Colombo Port (Pic by Thushara Atapattu )
By I. P.C. MENDIS
States and Governments exist and coexist internationally on the basis of mutual trust, understanding, good-will and cooperation. If any state or government chooses to work outside these norms, it is normally classified as a Banana Republic and generally finds itself isolated with none to care for it. If they choose to be so isolated, they should be confident of going it alone or have clandestine backing of some super-power. North Korea and Cuba for example are virtual dictatorships/authoritarian and their populations perfectly regimented to face any situation. Sri Lanka with its divisive forces and elements bred in democratic traditions, cannot afford to be North Korea or Cuba. Nevertheless, whether one likes it or not, its history is replete with treachery. One need not go so far, but the way some of our politicos behave and the frequency with which they switch political ideologies and affiliations could be ample testimony to prove the point.
There is no question that covenants and agreements which we have entered into with other countries have to be scrupulously honoured, if Sri Lanka is not to be considered “a pariah state”. If we vitiate or digress, we lose faith, face and confidence with the entire international community, adversely affecting, inter alia, trade and commerce. This is not to say that the door is shut for any re-negotiation of any provision on expressly good compelling grounds. A complete abrogation of the Eastern Terminal MOU ex parte, as some do agitate, is not only out of the question but out of our reach, without adverse consequences. Perhaps that privilege is exclusive to powers which can boast of nuclear strength. They can even withdraw their contribution to the UN, withdraw from membership of its Agencies, and even compare some of them with cesspools and still trot about unscathed! Sri Lanka is not that fortunate — those who strain their muscles need to realise.
As for the Eastern Terninanal,, what is baffling is that although there were a few whimpers, here and there, it was only a few days ago, after permitting opposing sections to gather momentum and work themselves to a crescendo — that the government through the President, clearly explained fully at Walallawita, the government’s position that it is now carrying the Yahapalana baby, re-negotiated by him with the Indian Prime Minister.
It is indeed most fortunate that the latter did not refuse to budge or choose to ask for a “quid pro quo” as it happened in the case of the Hambantota Port and the Port City, where we had to concede a second 99-year lease and an additional block respectively. Mattala Airport was saved by the skin of its teeth !
Apparently the re-negotiated formula (Jt. Stock Co.) had either been initiated by President Gotabhaya or agreed to mutually at the summit, and it is definitely not within the norms of international decorum and decency to go back and haggle on that issue, however strong the opposition to it is locally..The country’s image is at stake. He would not certainly expect his people here to make him look ridiculous in the eyes of the Big Brother across the Palk Straits, and more-so the international community. .Sri Lanka’s honour and pride are at stake, and his people need to stand by him and strive to understand and compare the re-negotiated formula with the Yahapalana Agreement, as to which is more beneficial or less dangerous. Many of those who shout hoarse now had maintained a stoic silence when the MOU was signed, and hence ought to share the responsibility. The opposition seems to be of a mostly political nature than a patriotic one.
India has unequivocally made its presence felt when it had no second thoughts of invading Sri Lanka through its armed forces, euphemistically called the IPKF,.preceded by the infamous “parippu “drop! President JRJ had his arm twisted into the 13th Amendment, with which we are now stuck – a white elephant- despite India failing to perform its part of the deal.. Former East Pakistan is now Bangladesh, “courtesy” India ! The “sandos” ought to realise. Sri Lanka has by necessity to be tactful and diplomatic without confrontation and bogus rhetoric.
Prime Minister Modi seems a different kettle of fish to Indira and Rajiv Gandhi, and we have to capitalise on his current goodwill. He could mean business if he wants to with the US on his side. In re-negotiating it would be beneficial if we were to point out the trade balance in its favour, and the fact of having already released our oil tank farm in Trincomalee, and a section of the retail oil business, as also the pronounced Indian business interests already here.
Without disturbing the already mutually agreed arrangement for a Joint Stock Company,some of the fears expressed by the opposing forces here could possibly be allayed, with the proposed company being registered as an unlisted company, with a strict embargo on the sale of any minority shares to any other party other than the Port Authority, the Chairman to be from the majority shareholding,(Port Authority), the Managing Director (CEO) to be nominated by he Investor(s) with the nod from the Board of Directors, the majority on the Board to be from the major shareholding, one of whom should be the nominee of the Minister of Finance. If there are to be more than one shareholder among the minority group, they could form a consortium and provide a written agreement enshrining these and other conditions. ( The President had hinted on the possibility of there being more than one minority shareholder). Such a solution would possibly take the wind off the sails and satisfactorily end the impasse.
Daring siege of the Cultural Ministry
The University of Colombo, Sri Lanka was established in 1979 in accordance with the provisions of the Universities Act No. 18 of 1978. The university was given all the land from the road joining Bauddhaloka Mawatha and Reid Avenue (later named Prof. Stanley Wijesundera Mawatha) right up to the Thummulla junction.
There were the court premises set up to try the insurgents of 1971, the Curriculum Development Centre (CDC), the Queen’s Club, an unauthorized temple which had everything else like car wash, canteen, night life, etc, except what should be found in a temple.
Of these the university was able to get rid of the bogus temple. The request to get the CDC premises did not materialize as the then Secretary of Education turned it down. Later these buildings were taken over to house the Ministry of Cultural Affairs.
One day in the early 1990s just prior to closing time the Senior Assistant Registrar in charge of Student Affairs came into my office and told me that the Students Union is planning to take over the Buildings of the Ministry of Cultural Affairs. Their plan was to wait till dusk and get in surreptitiously two by two. I told the Senior Assistant Registrar not to divulge this to anybody else and to wait till the following morning to see the outcome.
When we reported for work the following morning, I asked the Senior Assistant Registrar as to what had happened. He said the mission had been successfully accomplished and now the students were occupying the buildings. It seemed that what the university had been trying to get for a long time, the students had successfully achieved in one night!
On the second day the students who were occupying the buildings were a little agitated, telephoned me and asked whether the Special Task Force (STF) was planning to surround the building with a view to oust them as the STF personnel were occupying vantage points on buildings in the vicinity . I telephoned and inquired from the OIC of Cinnamon Gardens Police station, and he told me that there was no such plan and that they were only watching the situation. I conveyed this to the students and allayed their fears.
A meeting was convened at the Ministry of Higher Education to see how the problem could be sorted out. At the meeting a student showed a copy of a Cabinet decision where agreement had been reached to hand over the CDC buildings to the University of Colombo. The Minister of Cultural Affairs at that time, Mr. Lakshman Jayakody, was surprised and asked the student as to how he got the copy of the decision as even he had not seen it. The student stated that he did not want to divulge the source.
The Minister stated that his immediate need was to get the pay sheet and cheque book as the employees had to be paid their salaries. The students were adamant not to surrender, and they stated that this was done as they needed hostels. Hence the decision to lay siege to the buildings. Mr. Jayakody agreed to vacate the buildings so that the university could make use of them.
That ended the saga of the famous siege of a Ministry building by a few daring undergraduates. The buildings were used to house the newly established Faculty of Management and Finance. The undergraduates were accommodated in other buildings in Muttiah Road and Thelawala, which were handed over to the university to be used as hostels.
HM NISSANKA WARAKAULLE
Professor Dayantha Wijeyesekera
Professor Dayantha Wijeyesekera who passed away a few days ago was a dynamic personality who headed not one but two national universities in Sri Lanka. It was as the Vice-Chancellor of the Open University of Sri Lanka (OUSL) that I first encountered him, an encounter that highlighted Professor Wijeyesekera’s powers of perseverance and persuasion. During the late 1980s, I was happily ensconced at the University of Colombo when I started receiving messages from Professor Wijeyesekera to ask me to consider moving over to the OUSL. The proposition did not seem very viable to me at the time and I ignored his calls But for almost two years, he persisted until I finally gave in and shifted my academic career to Nawala- a move never regretted.
OUSL at that time was in the throes of changes and innovation, most of which were spearheaded by Professor Wijeyesekera who had taken over the leadership of OUSL in 1985 at a most controversial time. Perceptions of the OUSL were negative and the authorities were even considering closing it down. With his characteristic vigour, Dayantha Wijeyesekera set about putting things right bringing in changes, some of which were most controversial and even considered detrimental to OUSL.
In spite of opposition, he stuck to his vision and it is testimony to his persistence that a number of changes have lasted to this day – Faculties headed by Deans instead of Boards of Study headed by Directors, Departments of Study and not Units, a two-tier administrative system akin to the conventional university system of Council and Senate. To help support students who needed to come to Nawala for workshops and laboratory classes, he established student hostels-another move deemed by his critics as undermining the concept of Distance Education. The hostels still stand and have even been expanded.
Other changes were welcomed such as his indefatigable pursuit of state –of the art technology for OUSL. The OUSL’s centre for Educational Technology was a gift from Japan due to Professor Wijeyesekera’s efforts. And it was in his period of stewardship at OUSL that the first ever language laboratory to be established in a Sri Lankan university was set up in the Department of Language Studies – a gift from KOICA, the South Korean aid agency.
During Professor Wijeyesekera’s tenure as Vice Chancellor, the OUSL experienced growth and expansion in academic sectors too. During the 1980s, the university had only a handful of centres but under Dayantha Wijeyesekera the number rapidly grew- there were Regional Centres in major cities such as Colombo, Kandy and Jaffna. Study centres were set up in towns throughout the island and he was more than supportive when requested permission to establish teaching centres for English in smaller urban conglomerations such as Akkaraipattu .
Academic programmes blossomed. The Faculty of Humanities and Social Sciences for example had just one Bachelor’s degree, the LLB, during the 1980s. In Professor Wijeyesekera’s time this grew to include a Bachelor of Management Studies, a Bachelor’s degree in Social Sciences and the first ever Bachelor’s degree in English and English Language Teaching. The first degree programme for nurses in Sri Lanka, the BSc. In Nursing, was established at the Faculty of Science with support from Athabasca University in Canada. In addition there also sprang up a whole cohort of Certificate and Diploma programmes catering to the diverse needs of professionals all over the island.
The growth of the university was reflected in the expansion of facilities. New buildings sprang up on reclaimed land bordering the Narahenpita-Nawala Road – a new Senate House which offered space to all the administrative sections and had a spacious facility for Council and Senate meetings. A three-storey building was provided for the Faculty of Humanities and Social Sciences and a new Library building took shape near the Media Centre.
In addition Professor Wijeyesekera reached out to international centres of Distance Education and Open Universities across the world. In the early 1990s, he hosted with aplomb the Conference of the Association of Asian Open Universities (AAOU) and OUSL became a respected member of the AAOU as well as of the Commonwealth of Learning.
Dayantha Wijeyesekera began his career at OUSL in 1985 when the fate of the OUSL hung in the balance. Under his stewardship, the university burgeoned into a national university, a leader in Distance Education which others sought to emulate.. When he joined the OU, the student enrolment stood at 8,000. When he left, nine years later, there 20,000 students registered at the university. It was his hard work, his dedication, his commitment to academic progress that helped transform the OUSL.
May his soul rest in peace.
Open University of Sri Lanka
X-Press Pearl disaster
It will be a crying shame if we fail to get the much wanted and much spoken about compensation due to us for the monumental maritime disaster caused in around our shores when the X-Press went down.
Our government and all those departments and ministries responsible had ample time to make a water tight claim to make the compensation 1claim to the right place. The best available brains and talent to deal with this complex problem involving a host of subjects including the ecology, marine biology, shipwrecks, the law of the sea, maritime laws and whatever else should have been organized to fight our case.
The moment the disaster occurred, all concerned should have acted with single minded dedication to make a strong claim for compensation. Much video and other evidence of the damage done is available. All of us are aware of the shoals of fish, turtles and other sea creatures that died and were washed ashore and the plastic and oil pollution of our beaches. Some of those creatures that died live for over 100 years.
What we saw on our shore post-disaster was a heartbreaking sight. I don’t think it’s possible to assess the ecological damage done in monetary terms. The plastic nurdles the ship has been washed as far as Matara and it is said the acid pollution caused will be with us for a century. Fishermen have suffered great hardship by the loss of catch.
The case filed is being heard in Singapore. I hope the verdict will temper justice with mercy. The damage and misery suffered through no fault of ours is untold.
Padmini Nanayakkara, Colombo-3.
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