Connect with us

Features

Events leading to the signing of the Indo-Lanka Agreement

Published

on

JR tells Rajiv “We can forgive but we cannot forget”

(Excerpted from volume ii of the Amunugama autobiography)

It was at this dismal stage that a new development in the long drawn out negotiations emerged. Due to his cricketing contacts Gamini became close to N Ram of the Kasturi family controlling `The Hindu’ newspaper which though originating in Madras had an all-India coverage with a strong presence in New Delhi. This was later seen when ‘The Hindu’ destabilized the Rajiv regime with their ‘scoop’ on the Bofors scandal.

The Kasturis were Brahmins who were on top of the South Indian social register. In their background correspondence Ram and Gamini had the concurrence of Rajiv Gandhi, if not of the Indian foreign policy establishment. It is said in JRJ’s biography by Wriggins and De Silva that at this stage the LTTE through back channels had indicated that they were in favour of an agreement if the Northern and Eastern provinces were joined. A new element of an Indian guarantee of an enforcement of an agreement between the two parties now entered the scene.

As Bernard Tillekeratne has written “Ram’s letter of 12th June 198 7….. outlined a set of proposals on the important precondition that India would be the mediator in all the discussions and even more importantly that it would underwrite the implementation of any agreement reached. This letter was one of the first positive developments that culminated in the Indo-Lanka Accord of 29th July 1987”.

Regarding the allocation of powers to the Provincial Councils JRJ cut the Gordian knot by suggesting that we adopt ‘in toto’ the provisions of the Indian constitution regarding the devolution of powers to the States. Thus, there would be three lists as in India – the powers of the Centre, the powers of the Provincial Councils and a concurrent list in which certain powers were exercised by both the centre and the periphery.

Earlier the discussion centered on devolution only to the North-Eastern Provincial Council. JRJ decided that all areas in the country should be brought under the second tier scheme. Once this formula was accepted the difficult task of ‘selling’ it to the Sinhala and LTTE protagonists were undertaken by the two parties. The Indian operation was undertaken by Dixit and his political secretary in Colombo. After his deputy met Prabhakaran and his advisors in the Vanni several times, though it was later disputed by the LTTE, Dixit informed New Delhi that he had succeeded in persuading the LTTE leaders to lay down their arms once the agreement was signed.

JRJ was for the immediate signing of the accord as he knew that opposition would build up not only from the SLFP and JVP but also from factions within his own Government. It became clear that Premadasa was against such an agreement and was being set up as a virulent opponent of India with Athulathmudali’s encouragement. Once I was asked to bring some documents to the Cabinet room while Cabinet sessions were in progress. As I climbed up the stairs I ran into Prime Minister Premadasa rushing down the steps in anger. However there was no one following him to cool him down as they usually do in those Cabinet dramas.

Gamani Jayasuriya who represented the Sinhala Buddhist lobby resigned in protest. During this time I associated with Gamani Jayasuriya as we were both members of the Governing Council of CNAPT (Ceylon National Association for the Prevention of Tubercolosis)in which my friend of University days, Fonseka, was secretary. Fonseka, who was a well-known astrologer, had predicted that Gamani would be the Prime Minister when this fracas was over. After resigning Gamani would visit Fonseka almost daily to check whether his prediction was coming true. In the event it did not happen and Gamani died suddenly, a very disappointed man. All this showed that the time was fraught with confusion and society was in turmoil which was to break out in a long period of terror.

Indo-Lanka Accord

I was one of the few participants who was present at President’s House when the Indo-Lanka accord was signed in the afternoon of July 29. I accompanied Gamini Dissanayake for the signing of the accord by Rajiv Gandhi and JRJ. Rajiv was accompanied by Foreign Minister Narasimha Rao and advisor Natwar Singh. On our side, Foreign Minister Hameed, Hurulle, Minister of Buddhist Affairs, Minister Devanayagam representing the Tamils and the Eastern Province and Gamini Dissanayake were present. The Prime Minister Premadasa, Athulathmudali and, surprisingly, Ronnie de Mel boycotted the meeting.

It was clear that both Rajiv and JRJ looked on Gamini as the coming man in Sri Lanka. In JRJ’s eyes his search for a loyal follower for future UNP leadership was focused now without a doubt on Gamini. When all the signing was done Rajiv went up to a mike set up in the spacious garden and said a few words of conciliation. All eyes were on JRJ when he ambled up to the mike cool as he could be under the circumstances, and gave a mini lecture on Indo-Sri Lanka relations. He ended up by looking Rajiv straight in the eye and, distilling in words the agony that India had imposed on him by their derailing of his efforts to remake Sri Lanka, said to India; “We can forgive but we cannot forget”. He then led Rajiv on foot to his office in President’s square for a no holds barred Press Conference presided over by the two leaders.

This Press Conference was a historic one. The whole of Colombo was shut down and there was an eerie silence in the administrative square which housed the President’s office. The area was guarded by a strong police contingent. Only a few hours before, the armed services had evicted a large contingent of protesters led by Bhikkhus and the SLFP, who had staged a sit in near the Fort Railway station. Mrs. Bandaranaike herself had been present and had been bundled out by the Police adding to the violence that was unleashed by UNP goons against the protesters who were non-violent.

We could hear the police sirens from the battle grounds in the Pettah. Later we heard that about a dozen protesters were killed. There were reports that gangs of protesters were approaching Colombo city from the suburbs. JR appeared to be unfazed before the media but I knew that he was worried by the rising violence which was passing from SLFP control to the violent hotheads of the JVP. JRJ dominated the press conference with his short introduction and the taking of questions from the global media.

When asked by the press as to the delay in reaching an agreement he blamed himself He said, “It was a lack of courage on my part, a lack of intelligence on my part, a lack of foresight on my part”. It was a bravura performance rarely seen in modern politics. Rajiv looked on stunned by JRJ’s candour. The press then asked him ‘who else’ hoping to cast the net wide. JRJ replied with a smile ‘the media’ drawing a laugh from Rajiv and the hard-bitten journalists who had come to cover the historic event.

Looking back this conference was the biggest event dominated by JRJ during the last days of his regime. He spoke bravely when the country was in flames and his own fate was in the balance. From now on he was put on the defensive by the JVP, supported by the SUP, which unleashed a violence in the South which could not be contained by him and was to spill over to the Premadasa era till the JVP leaders were physically eliminated in 1989. Sri Lanka entered an era of uncertainty and social disruption which blighted the legacy of President Jayewardene which held spectacular promise in its first years. The monolithic UNP which held sway earlier was fragmented and it took all the leader’s skills to even keep it together and pass the baton on to Premadasa. But on that day the future was uncertain and posters threatening to ‘Kill the old man’ began to appear all over the country. An attempt was made on Rajiv’s life by a JVP indoctrinated naval rating and two Indian destroyers steamed into Colombo harbour to show that India will not stand idly by. It was a time of a national tragedy and all eyes were on the implementation of the Accord. The violence unleashed by the JVP compelled JRJ to ask Rajiv for the induction of the Indian Peace Keeping Force [IPKF] which was the first time after independence that a foreign military force was stationed in strength in the country with their own command structure and tasks which were identified by their own leaders.

The President could not deal with the military situation in his own country as he could not do battle in both the North and South of the country at the same time. It must be mentioned here that our military top brass concurred with this decision though they were unhappy to be ‘confined to barracks in the North’. This was particularly so because the Jawans’ who were flown in from South Indian bases were of poor quality.

On a visit to Katunayake I saw them emplane for the North from there. Sonic were dragging well fed goats with them, obviously for a tasty ‘mutton curry’ in their camp. Others were crowding the duty free shop buying everything available on their payday. Though they were under orders to confine themselves to the Northern and Eastern theatre, their intelligence had not indicated that Trincomalee district was multi-ethnic. Due to the activity of the IPKF and the LTTE and the enforced inactivity of the Sri Lankan army, the Sinhalese and Muslims of the East started to stream south for safety, adding more pressure on JRJ who could not depend on Premadasa or Lalith to support him. Only Gamini Dissanayake stood by him and I shuttled between ‘Braemar’ at id Dixit’s residence to seek information on the plans of the IPKF, since the chain of command was broken. To make matters worse, Dixit himself was not kept informed by the Indian Military in Trincomalee and he was getting alarmed and even threatening quit if he was being undercut by Delhi.

LTTE and JVP Reaction

According to the Indo-Lanka agreement the LTTE was to hand over their weapons to the Sri Lankan armed forces under Indian supervision. What actually happened was a farce which was enacted by the LTTE in violation of the agreement. The LTTE hid its heavy weapons and only offered a token pistol to the army. The other Tamil parties were ready to comply but had the legitimate fear that once they disarmed, they would be massacred by the LTTE. Government made plans for reconstruction of the North and East. The Indian High Commission under Dixit went on overdrive to please Rajiv but the media and the opposition in the South began a virulent campaign against the Indians. For the first time the hitherto monolithic UNP began to crack, largely because the PM and his coterie of MPs showed their displeasure in no uncertain terms.

Premadasa made his famous Angoda Temple speech criticizing the Accord and by implication the President. SLBC brought the tapes of the speech to me and asked for instructions regarding broadcasting it that night with the news. At this point news of my dilemma had reached Premadasa through his henchmen in SLBC.I got a call from Wijayadasa the PM’s Secretary, telling me that his boss was very disturbed by the delay and that I should not be guided by Gamini Dissanayake’s advice on this matter. It was a hot potato and I took the tapes and the DG of SLBC Anura Goonesekere to ‘Braemar’ for the President’s instructions. JRJ was worried and did not have his usual ‘sang froid’. He asked me what we should do and I suggested that we should use an edited version leaving out the venomous attacks. He agreed and we broadcast a watered down version that night.

That seemed to have satisfied the PM who had been informed by his henchmen that we would censor his speech ‘in toto’. Perhaps he was spoiling for a fight on this issue. JRJ on the other hand was very keen to retain the PM’s support at this crucial juncture. He was aware that the SLFP had dangled a carrot before Premadasa saying that the SLFP would back him and Mrs. B would not enter the fray if he sabotaged the Accord. It was a time of moves and countermoves and the Government which was designed to last forever and a day was on the edge of crumbling. Two Southern MPs who had ridden on JRJ’s coattails did not vote for the 13th amendment designed to give effect to the Accord. Another MP from the south who was considered to be a tough guy from Tangalle was murdered by the JVP on his way back from Colombo to his electorate.

The JVP under Rohana Wijeweera who was in hiding with his top leaders as his party was proscribed, launched a murderous attack on all those who supported the Accord, including the leaders of the left-particularly the LSSP, CP and the NLSSP who though advocates of revolution were ill prepared for political violence on this massive scale. While the LTTE had murdered left leaders of the North, the JVP followed suit by murdering leftists in the South. The CP which was active in the grassroots in the South and was a rival to the JVP was decimated.

An early indication of the ruthlessness of the JVP was the horrific murder of the popular student leader of the Colombo campus named Daya Pathirana who opposed their taking control of the student movement which was a power base for their politics. Another innovation of the JVP was the mass induction of young monks, particularly from the universities, as a cover for their political work and military operations. As De Silva and Wriggins have written, many of these monks made bloodcurdling threats which even embarrassed JVP members. As the encounters became even more violent some of these monks gave up robes and emerged as front line leaders of the party. Others, as I have described earlier, jumped ship by migrating to Europe where their supporters had infiltrated the new temples built by JVP oriented migrants in the hig cities.

Interlude

While the JVP and its allies stepped up their protests, the North saw a period of peace which was acclaimed by the international community. A relief and rehabilitation package was negotiated with international donors and inter district movement, particularly visits of Buddhists to Nagadipa, was encouraged. University administrators held their annual conference in Jaffna and we were able to arrange special railway trips from Colombo to Jaffna. Local and foreign journalists were encouraged to report from the North and business slowly resumed, particularly in respect of agricultural produce which was in high demand in the South. The situation was slowly returning to normal when several unfortunate events, some by design, upset the fragile peace. The first was the internecine conflict between the Tamil militants.

Many non LTTE groups became close to the IPKF and on occasion became their informers and proxies. At this stage the LTTE launched murderous attacks on the other Tamil parties partly because they had not given up their claim to be the ‘sole representative’ of the Tamil people and partly because the truce with the Sinhala forces enabled them to turn their attention to the rivals closer home who were being disarmed by the IPKF. The upshot was that ‘the short stay’ of the IPKF promised by Rajiv became a farce and they got bogged down in a disastrous war which finally led to the assassination of Rajiv himself. The LTTE was refusing to play by the Indian playbook and the country was slipping further and further into a cycle of violence over which nobody had control. This was a nightmare period for JRJ, who assailed in the North and South, had to confront dissatisfaction within his party ranks, led by the PM no less. Soon it became life threatening to the party leaders when an assassination attempt was launched by a JVP cadre who was a senior member in the party, inside Parliament itself The mistrust in the party had grown to such an extent that the PM was initially suspected of being one of the conspirators.

Assassination Attempt

While the UNP parliamentary group was meeting as customary in a committee room in parliament an employee opened a door to the room and lobbed a hand grenade into it. Without doubt the target was JRJ whom the JVP had built up as a hate figure. Luckily for the 81 year old President the grenade hit his desk and rolled away from him and exploded further away killing the MP for Morawaka, Abeywickreme. Lalith Athulathmudali was seriously injured and had to be rushed for emergency surgery. the Prime Minister was also injured but not seriously. According to the President he had been saved because the PM had pushed him under the table so that the shrapnel did not hit him. Within a short time after the attack I got a telephone call to say that the President wanted me to come immediately to the Army OPS Combine office in Flower road.

When I went there JRJ had just arrived with blood splattered all over his tunic. He was in shock and asked us what we should do? I had read much about the Kennedy assassination and told him that we had to immediately do two things. One was to ensure that there was no further attacks due from a wide ranging conspiracy and secondly to inform the country that he was safe and that the conspiracy had failed. He agreed and I sent for a Rupavahini camera crew and alerted the channels about an imminent announcement by the President.

JRJ wanted a few minutes to compose himself and faced the cameras in a live broadcast with the blood on his tunic seen clearly. He identified the attack as an assault on democracy and went out of his way to assure the public that the PM, though slightly injured, was safe. That took the sting out of the speculation that the PM had engineered this attack. It was a miracle that the President had survived but it added to his woes as a leader and encouraged some ministers, especially Ronnie de Mel and Nissanka Wijeratne to think of jumping ship. JRJ by shrewdly bringing in the PM as a victim ensured that the party would not be weakened further. The Thirteenth Amendment

Action now shifted to the 13th amendment which was to give legal effect to the provisions of the Indo-Lanka agreement. Challenges to it were launched by different opposing parties including the alliance of major opponents called the Mavbima Surakeeme Viyaparaya [MSV] which was led by Maduluwawe Sobhita. It was a powerful organization and with the JVP raising the ante with violence, the judgement of the full bench of the Supreme Court on the Constitutional amendment bill became absolutely crucial.

JRJ was confident of his two third majority in Parliament. But if it came to a need for approval in a referendum, the bill was as good as dead. Everybody was on tenterhooks while awaiting the verdict. Premadasa also realized at this juncture that he had gone too far. This was a period when, for the first time, JRJ and Premadasa were really estranged. With all the hostility to Premadasa in the party JRJ had stood by him and had given him his due. He remembered the time when he and Dudley had paid a salary to the up-and-coming Premadasa with their personal funds. Even at this stage he was loath to discipline the PM but he sent a clear message that he was annoyed by removing Sirisena Cooray from the Executive Committee of the party, together with Ronnie de Mel who had resigned from the Cabinet by then.

Premadasa then pulled back stating that he was willing to abide by the decision of the Supreme Court regarding the 13th amendment. This was because he had been assured by Raja Wanasundera who was a senior judge sitting on this very bench, that a referendum will become necessary. Raja was a close friend of M Fernando who acted as Premadasa’s emissary on this issue. But this tactic backfired because Justice Parinda Ranasinghe provided a majority to the verdict of the Bench of judges which held that a referendum was not necessary and that the amendment could be passed with a two third majority in Parliament. JR cracked the whip, and the Bill was passed in the midst of unprecedented security, when the MPs had to be bussed with an armed escort to Parliament and back to the heavily guarded hotel in Colombo which was booked for them. The PM true to his word moved the Bill in Parliament. But Colombo was like a war zone and the Government appeared to be tottering. This was a nightmare for JRJ, with his party officials being killed en masse and even some of his MPS like De Silva of Habaraduwa and Tikiri Banda of Galagedera being killed in a brutal fashion.



Features

The gambling that wears a suit: Forex, commodities and CFD Trap – III

Published

on

by Prof. C. A. Saliya

(The third instalment in a five-part series on the business of gambling, legal and illegal.)

Somewhere in the fine print of every trading app you’ve ever seen advertised on social media, there’s a sentence that almost nobody reads all the way through. It usually says something like this: “77% of retail investor accounts lose money when trading CFDs with this provider.”

Read that again. Not “some people lose money.” Not “trading carries risk.” Seventy-seven out of every hundred ordinary customers who sign up and put their own money in, lose it. And that number isn’t a scandal uncovered by an investigative journalist. It’s a legally required disclosure, printed by the company itself, sitting quietly at the bottom of the same advertisement promising you financial freedom.

Now imagine a casino was legally required to put a sign on its front door reading: “77 out of every 100 people who walk through this door will lose money.” Would anyone still walk in? Probably far fewer than they do today. And yet millions of people, a good number of them here in Sri Lanka, drawn in through Telegram groups, YouTube “gurus,” and slickly produced Instagram ads, open trading accounts every year, often with no idea that the product they’ve just signed up for behaves, mathematically, almost exactly like a casino game.

What a CFD actually is in plain language

CFD stands for “contract for difference.” Strip away the jargon and it means this: you’re not actually buying gold, or oil, or US dollars, or shares in a company. You’re placing a bet with a broker on whether the price of that thing will go up or down over some period of time, usually 24 hours. If you’re right, the broker pays you the difference. If you’re wrong, you pay them.

That alone isn’t necessarily gambling, plenty of legitimate financial hedging works this way. What tips it firmly into gambling territory is leverage. Most CFD and forex platforms let ordinary customers control a position many, many times larger than the money they’ve actually put in, sometimes 50 or 100 times larger. That sounds thrilling, because it means a small price move in your favour turns into a big profit. It also means a small price move against you wipes out your entire deposit in minutes, sometimes seconds. Currency and commodity prices wobble up and down constantly, for reasons that have nothing to do with any individual trader’s skill or analysis. Leverage simply turns that normal, everyday wobble into a coin flip with your rent money.

And underneath all of it sits something called the spread, the small gap between the price you can buy at and the price you can sell at. Every single trade you make, win or lose, hands the broker a slice through that spread. It costs the broker nothing to run more of them through the system. It is, in every meaningful sense, the exact same mechanism as a casino’s house edge on a roulette wheel, a guaranteed cut for the house, built into the game before a single card is dealt or a single trade is placed.

The numbers behind the disclosure

That 77 percent figure isn’t an outlier. Britain’s financial regulator found, in a review of the industry, that 82 percent of CFD customers lost money. Regulators across Europe studied 10 different countries and found the average retail customer lost somewhere between roughly €1,600 and €29,000 trading these products. Academic researchers, who have studied trading apps directly, including their “practice mode” demo accounts, found something else troubling: many of these apps are deliberately designed using the same psychological tricks as gambling apps. Near-miss messaging that makes a losing trade feel like it was almost a win. Streak counters. Push notifications nudging you back in right when you’ve stepped away. The researchers’ own conclusion was blunt: this “supports comparisons with gambling, where an overwhelming majority loses money.”

To be fair to the trading industry, it has a real counter-argument, and it deserves to be heard rather than dismissed. Genuine investing and trading, done properly, does involve skill, understanding a market, managing risk, not betting more than you can afford to lose, using regulated brokers who are supervised by real financial authorities. Nobody sensible would say buying shares in a well-run company is “gambling” in the same sense as a slot machine. The industry’s argument is that CFDs, used responsibly by informed traders, sit closer to that end of the spectrum than to a casino floor.

The trouble is that “used responsibly by informed traders” describes almost none of the customers these apps are actually advertising to. Nobody runs a slick Instagram campaign targeting sophisticated hedge fund managers. They target 19-year-olds with a bit of spare cash and a phone.

The Sri Lankan blind spot

Here is where this story becomes genuinely local, and genuinely urgent. Sri Lanka’s new gambling law, the one creating a single Gambling Regulatory Authority to oversee casinos, card games, and betting, has nothing to do with any of this. Forex and CFD trading falls under an entirely different part of the government’s rulebook, treated as a financial services matter for the Central Bank and securities regulators, not as gambling at all. On paper, that makes sense: trading involves real financial markets, real currencies, real commodities.

But in practice, it creates a gap you could drive a truck through. A card game at a funeral house, played for a few hundred rupees, falls under strict 19th-century anti-gambling law. A trading app that can empty a young person’s entire savings account in an afternoon, using exactly the same psychological hooks as a slot machine, falls under none of it, no age verification standard built for gambling harm, no loss limits, no cooling-off periods, no self-exclusion registers.

Meanwhile, unlicensed offshore forex “signal groups” and trading channels, plenty of them explicitly targeting Sri Lankan youth through Telegram and WhatsApp, operate almost entirely outside any meaningful oversight at all, local or foreign.

There’s a newer wrinkle worth a mention too: cryptocurrency trading and crypto-based gambling products increasingly blur into the exact same category as CFDs, some analysts value the global crypto gambling market in the tens of billions of dollars, though even the experts disagree wildly on the real number, which tells you how little anyone is actually tracking this corner of the industry closely.

The question this instalment leaves open

So here’s the question worth putting to Sri Lanka’s policymakers, and to readers thinking about their own accounts: if a product produces the same loss rates as a casino, uses the same psychological design as a betting app, and overwhelmingly targets the same young, inexperienced customers as illegal gambling operators, does it matter, for the purposes of protecting people, whether we call it “trading” or “gambling”? Right now, in Sri Lanka and in most of the world, the label is doing an enormous amount of legal work that the underlying product doesn’t actually earn.

We’ll return to this exact tension in our final instalment, when we ask what genuinely joined-up gambling regulation would look like, one that judges a product by what it does to the people using it, rather than by what its marketing department decided to call it.

Next week,

Part 4 heads to the racecourse, the one form of gambling that has stayed legal almost everywhere on Earth for centuries, to explain, in plain English, exactly how a bookmaker guarantees itself a profit no matter which horse crosses the line first.

Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.

Continue Reading

Features

Addressing human rights needs multi-pronged approach

Published

on

Volker Türk

by Jehan Perera

The ongoing 63rd session of the United Nations Human Rights Council, which runs from September 7 to October 7, 2026, in Geneva is important to Sri Lanka. Its outcome will send a signal to other international actors, including the European Union, as to whether Sri Lanka’s reform policy is on track. The written update on Sri Lanka, prepared by the Office of the United Nations High Commissioner for Human Rights under High Commissioner Volker Türk and presented by Deputy High Commissioner Nada Al-Nashif, has taken a more holistic approach to the government’s performance over the past year. It acknowledged the progress Sri Lanka has made under the NPP government in relation to accountability for financial fraud and other economic crimes. At the same time, the High Commissioner’s update made clear that progress in relation to economic crime cannot be equated with progress in relation to accountability for grave human rights violations committed during the armed conflict and in other periods of political violence.

The government may have felt sufficiently confident that its response to the High Commissioner’s update could be handled by its representative in Geneva and did not require the attendance of Foreign Minister Vijitha Herath. Sri Lanka’s representative Sumith Dassanayake called for a fundamental review of country-specific mandates within the UN Human Rights Council. Sri Lanka has been facing repeated scrutiny in the form of successive UNHRC resolutions from 2012 onwards. Ambassador Dassanayake argued that such mandates should not continue indefinitely and must be regularly assessed against measurable objectives and tangible outcomes. This may reflect confidence that its record of reform is beginning to receive recognition internationally. The reports and statements at the Human Rights Council acknowledged progress in the government’s efforts to address corruption and economic crime.

The government’s anti-corruption drive has included investigations into allegations involving individuals who held the highest political offices in the country. The arrest of former President Ranil Wickremesinghe in connection with alleged misuse of public funds, and the investigation into the controversial SriLankan Airlines Airbus transaction involving former President Mahinda Rajapaksa’s son, are examples of the reach of these investigations. The arrest of SLPP National Organiser and Member of Parliament Namal Rajapaksa in connection with allegations relating to the Airbus purchase scandal has also demonstrated that the government is willing to pursue cases involving politically powerful figures.

Wide Range

The ongoing investigations appear to encompass a wide range of parliamentarians and government members, both past and present. They suggest that accountability for corruption is not being confined to lower-level officials or to individuals who lack political influence. This is precisely the kind of accountability that the public has long demanded and that previous governments have too often failed to deliver. The government is also reaching into the upper levels of the military hierarchies of the past. The case in which 11 young men, most of them Tamil, disappeared after being abducted in Colombo between 2008 and 2009 involved allegations that some families were asked to pay ransoms. The investigation into this case has reached senior military figures. The willingness to pursue such cases is important because it challenges the assumption that those who exercised power during the war are beyond the reach of the law. Such cases would provide a practical test of whether the government’s commitment to accountability for economic crimes is part of a broader commitment to the rule of law.

Success in prosecuting corruption cannot substitute for justice for those who were unlawfully killed, disappeared, tortured or otherwise victimised. The UN report noted that there had been no recognition or accountability for crimes under international law, gross human rights violations and serious violations of international humanitarian law committed by all parties during the war. The government has yet to establish a credible and effective process to address the many cases of enforced disappearance, extrajudicial killing, torture and other serious violations. The government needs to take the international commitments it has inherited on human rights issues seriously. It needs to adopt a multi-pronged approach and go beyond focusing primarily on financial and corruption-related accountability.

Need Action

As a member of the international community, Sri Lanka has a responsibility to abide by the commitments it has made. It cannot selectively uphold international obligations postponing those that are politically difficult. Also, as a small country, Sri Lanka has a self-interest in ensuring the survival of international law, which is all that it has to protect it from the depredations of the bigger international actors. The erosion of international law by powerful states makes it all the more important that smaller states uphold the principles on which the international system is based. Sri Lanka cannot credibly appeal to international law when it is threatened from outside while disregarding its own obligations within. Sri Lanka also needs to win the confidence of its own population that it is committed to justice and equality for all. Public opinion polls and community-level research have disclosed that ethnic and religious minorities are appreciative of the sense of greater security they enjoy under the present government from ethnic or religious extremists.

But a sense of security is not the same as the fulfilment of rights. As far as the Tamil people are concerned, the government has yet to deliver on several of its specific promises. These include the long-standing problems of missing persons, the release of political prisoners who have been members of Tamil militant organisations, and the return of land taken over for military purposes during the war. The issue of Buddhist statues and archaeological sites found on their properties which are then taken from their control continue to trouble them especially as they see no signs of resolution of those disputes. The issue of pastureland in the east of the country in Mylathamadu is particularly concerning to them as they see orders by successive presidents, both President Ranil Wickremesinghe and President Anura Kumara Dissanayake, being disregarded on the ground. The Mylathamadu pastureland dispute is where traditional Tamil dairy farmers have engaged in multi-year protests against the ongoing encroachment of their ancestral grazing lands by Sinhalese crop cultivators relocated under government development schemes.

The government’s failure to hold Provincial Council elections is particularly troubling. The provincial council system is the only one that can provide the Tamil people and other ethnic minorities the opportunity to wield political power and exercise a measure of self-determination in the areas in which they are the numerical majority. The continued postponement of Provincial Council elections therefore has consequences that go beyond an ordinary electoral delay. It deprives communities of an important constitutional avenue for democratic participation and power-sharing. The ethnic and religious minorities appreciate what the government is doing in the larger national interest, but they must not be made to feel that their special concerns are being ignored. The government cannot resolve Sri Lanka’s entire legacy of rights violations overnight. But it does need to demonstrate that it is willing to move forward on multiple fronts, not only on a few.

Continue Reading

Features

The emptying university: why are academics leaving?

Published

on

by Hasini Lecamwasam

Brain drain in Sri Lanka is at an all-time high. The latest Human Flight and Brain Drain Index for 2024 shows that we are 16th of 175 countries on this count, and first in South Asia. That this is a crisis goes without saying. Brain drain affects all sectors, and is a huge strain on the resources of a developing country. Particularly in Sri Lanka, where considerable public investment is made in the moulding of professionals through the system of free education, this amounts to transferring the resources of poorer countries to richer ones with top migration destinations. It is, therefore, important to consider the push and pull factors behind skilled outmigration, specifically from the public university system of Sri Lanka, a key focus of the Kuppi column.

From frustration to exit

Several bitter realities in our crumbling public university system act as push factors in the migration decisions of academics. Many essays on this column have, over several years, attempted to highlight numerous aspects of this erosion. Perhaps, primary among them is the lack of adequate funding, which has debilitating ramifications for the system: very little investment is made in the up-keep of infrastructure (and even less in its expansion), resulting in serious constraints in accommodating growing batches of students and the wellbeing of the staff (particularly in regional universities); research funding is negligible, severely curtailing academics’ ability to effectively discharge their primary duty of teaching which should ideally be informed by their research (and the research of others, access to which is also, unfortunately, mediated by funding); a funding crunch also means a slash in (or greater constraints on) recruitments, increasing the workloads of academics, currently in service, and eating into the quality of their teaching and research.

What recruitments are done frustrate those with any faith in merit. As many of our interventions in this column have shown, recruitment processes are characterised by archaic selection criteria that place very little weight on a candidate’s postgraduate growth and the advantages of interdisciplinary training. Added to this is the general preference for ‘culturally compliant’ candidates who would not rock the boat too much. The combined effect is that those with the capacity and spirit to try out innovations in education are discouraged from joining or staying on in the public university system. Some, or many, of them may instead seek appointments abroad.

A thread that binds all of these problems together is pervasive hierarchy which, again, many interventions on this column have sought to highlight. It is the interest in preserving hierarchy that leads to the preference for alumni in recruitment processes. Hierarchy within universities can be particularly frustrating for younger faculty and women, who typically have to bear the brunt of the workload of their senior, often male, colleagues. In a context of funding, and, therefore, recruitment, restrictions, this translates into a disproportionate burden being placed on junior (usually female) faculty, seriously hindering their prospects of growing into successful academics due to the time constraints within which they have to operate. Junior academics, therefore, are more likely to look to educational institutions abroad for what they hope would be a different work culture that respects them more.

Ideological ruses

On top of these structural frustrations are also the workings of neoliberal ideology. For one, the nature of relations between the global metropole and peripheral countries like Sri Lanka largely dictates what is desirable and what is not. The apparent lifestyles of Western countries – from food to clothing, housing, appliances, and so on – have continued to lure people from the periphery with the promise of a ‘better’ life, alongside better career advancement opportunities. This, of course, masks much of the struggle that goes on behind the scenes to survive in Western societies. For instance, in most cases highly attractive public infrastructure such as roads, public transport, clean air, quality control of food, and so on belie the astronomical privatised costs of healthcare and education. Health insurance is usually mandatory and steep in most high-income settings, while even subsidised education (for which eligibility criteria are strict) creates a serious dent in household earnings. Of course, the happy images of glossy trams and gleeful international travellers don’t convey this.

A second ideological ruse is the myth of greater opportunities and recognition abroad. While there is no denying that local skilled sectors – be it higher education, health, civil service, or private white-collar positions – are replete with issues that inhibit merit-based professional advancement, the notion that things are fundamentally different in Western countries stems from an uninformed optimism. As is now increasingly known and discussed, Western labour markets are notoriously racialised, and equivalent skills are rarely treated as such. Instead, it is usually demanded that skilled migrants clear certain formal examinations in their host countries. In fields like medicine, this is followed by an interview that may also be racially prejudiced. Once these initial steps are cleared, remuneration reverts to square one irrespective of experience accumulated abroad, not to mention the many subtle aggressions, rejections, and trials one has to go through in the negotiation of everyday life. In the many cases where professional qualifications are used as leverage for a move abroad, sights are set on a better future for one’s children, which again is informed by the misplaced faith in greater opportunities and a lack of awareness of the factors outlined above. Needless to say, in the global swing to the Right, things have become even more challenging. In such a context, considering the few rare cases where skilled migrants live extremely comfortable lives as the norm becomes a dangerous misconception.

The two ideological pull factors mentioned above are complemented by a push factor, which has to do with a highly classed understanding of what a white-collar professional is due in their society. Many of these aspirations are clearly articulated in academic trade union action demanding separate quotas for school entry, increased fuel allowances, winning back the presently stalled vehicle permit scheme, salary hikes, and so on. While working people have every right to agitate for better material conditions, insofar as it remains unconnected to a broader movement for improving the conditions of the lot of the working class, it remains self-serving and very much within the class logic of capitalist society. Since these demands are articulated as a means of maintaining distinction, it is clear that they are not envisaged as part of a class movement. The frustration of not having these needs for distinction satisfied may push some to seek greener pastures abroad, at least financially, (perhaps as a means of social mobility based on it), only to be disappointed on most occasions.

What is to be done?

Addressing the systemic push factors listed above requires, first and foremost, greater allocations for free public higher education. This would immediately translate into more recruitments and less work per academic, and better research and teaching in the long haul. An increase in funding would also ideally lead to greater infrastructural investments, especially including improving the living conditions of those who work in regional universities amid untold hardships. Next, fairer, more creative, and, therefore, more effective recruitment policies are badly needed to attract talented individuals to university positions. Rather than carving out a ‘special category’ for academics to achieve this purpose, which is informed by a classed logic, this needs to be done through fundamental reforms in recruitment processes. Third, a persistent attack on the entrenched hierarchy within universities through internal reform is much called for. Reforming recruitment practices will go a long way towards addressing this. Measures should also be taken to introduce more stringent policies against SGBV (not to mention ragging, even though it is not directly connected to brain drain). Such measures would create a safer, fairer, and more attractive workplace, which would give more reasons for people to stay.

On top of greater allocations, we also need a transformation of our aspirations themselves if this situation is to change. That necessitates a kind of education capable of questioning the ‘paradise’ conception of Western societies, and lays bare their colonial material and ideological dimensions, in both their historical and contemporary manifestations. These colonial understandings of the ‘good life’, moreover, have devastating ecological implications for the planet, not to mention social justice. An education with the ability to transform this mindset would hopefully prove to be more than a mere path to social mobility, rather being a tool of social emancipation that renders mobility moot.

(Hasini Lecamwasam is with the Department of Political Science, University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

Continue Reading

Trending