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Neutral foreign policy in practice

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by Neville Ladduwahetty

President Ranil Wickremesinghe has repeatedly declared that Sri Lanka’s foreign policy is neutral. However, he and his government, meaning the Foreign Ministry in particular, has not elaborated on how a policy of neutrality works in practice. Notwithstanding this lacuna, the policy of neutrality as the foreign policy was first adopted by former President Gotabaya Rajapaksa during his acceptance speech, perhaps, influenced by the six foreign policy options presented in an article titled “Independence: Its meaning and a direction for the future” (Neville Ladduwahetty, The Island, 14 Feb., 2019). Despite the fact that the policy of neutrality has been accepted by two Presidents and the current Prime Minister Dinesh Gunawardena, on grounds that it legitimately permits Sri Lanka to be free from getting entangled in major power rivalries, members of this government still publicly announce their preference for a Non-Aligned foreign policy.

LACK of CONSISTENCY

The lack of consistency has manifested itself in several instances. For instance, despite the Policy of Neutrality, an assurance given by the President to India’s Prime Minister was that Sri Lanka would factor in the security concerns of India in the implementation of the Policy of Neutrality. In the background of such assurances India did not hesitate to raise objections when a Chinese Research Ship, with surveillance capabilities, sought permission to dock at a Sri Lankan Port. However, because India could not present sufficiently valid grounds for its objections, Sri Lanka stood by its decision to permit the Chinese ship to enter Sri Lankan waters; thus living by its commitment to the Policy of Neutrality.

It is reported that the Chinese Embassy is again seeking permission for Shi Yan 6 to enter Sri Lanka’s Exclusive Economic Zone from October to November 2023. It is reported that Sri Lanka is considering this request. The practice of considering such requests on a case by case basis should stop. After the previous experience, the Defence Ministry, together with the Foreign Ministry, should have developed a Standard Operating Procedure in keeping with the Policy of Neutrality to handle requests relating to scientific studies or any other capabilities that could be a threat to the inviolability of Sri Lanka’s territory as a declared Neutral State and circulated it among the Foreign Missions. Such an exercise would convey how the Policy of Neutrality operates in practice.

On the other hand, Sri Lanka failed to live by its Policy of Neutrality when it conceded to the objections raised by India for the construction of a Solar Power Plant on the Island of Delft on grounds that it was a threat to the security of India without any elaboration, despite it being a contract offered by the Asian Development Bank after calling for international tenders. Sri Lanka did not question the grounds for the objections. Instead, it caved in without question, thus compromising its Policy of Neutrality.

The most recent manifestation of the lack of consistency was when the President signed 5 MOUs with India, all of which was to advance connectivity with Sri Lanka to the point of integration with India. The Policy of Neutrality flies in the face of such undiluted integration with one country at the expense of its relations with other countries, thus making a mockery of the credibility of Sri Lanka, its leaders and the dignity of its Peoples.

The perception that the current economic crisis justifies Sri Lanka accepting grants and lines of credit from India or from any other country should be seen as an opportunity by any country to exploit Sri Lanka’s current economic weakness to further its own interests by controlling the destiny of Sri Lanka. This after all, is not looking at a gift horse in the mouth. It is nothing but a Trojan horse that demonstrates how unadulterated realpolitik works. The reality is that India took the initiative to lend a hand to Sri Lanka during its hour of need in order to prevent any other State from lending a hand to Sri Lanka that is in its own backyard.

PRINCIPLES and DUTIES of a

NEUTRAL STATE

Based on an ICRC Publication on Neutrality, June 2022.

The Introduction of this publication states: “The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977.

­”1. PRINCIPLES AND DEFINITIONS

THE PRINCIPLE OF INVIOLABILITY

The territory of a neutral State is inviolable. It is prohibited to commit any act of hostility whatsoever on such territory. Neutrality describes the formal position taken by a State which is not participating in an armed conflict or which does not want to become involved. This status entails specific rights and duties. On the one hand, the neutral State has the right to stand apart from and not be adversely affected by the conflict. On the other hand, it has a duty of non-participation and impartiality.

Neutral space comprises the national territory of the neutral State, its territorial waters and its national air space. Neutral persons are nationals of neutral States. They lose their neutral status if they commit hostile acts against a belligerent. Individuals may join the armed forces of a belligerent party, but then they also lose their neutral status. They still have all the guarantees of protection that a member of those forces would enjoy, and therefore are entitled to POW status if they are subsequently captured. If, however, they can be defined as mercenaries, whom we covered in an earlier lesson, they do not have the right to be considered as combatants or POWs.

As long as their home State maintains normal diplomatic relations with the belligerent State they are living in or visiting, neutral persons are to be treated in the same way as they would be in peacetime. They remain under diplomatic protection. If there are no such diplomatic relations, neutral persons are entitled to be treated as protected persons under the Fourth Geneva Convention. It makes no difference to their status if they are civilians or members of the armed forces of the neutral State to which they belong”.

“3. THE DUTIES OF NEUTRAL STATES (Ibid)

Policy and instructions – the neutral State must also take measures to ensure and enforce the protection of its neutrality in the neutral space for which it is responsible in relation to the belligerent parties and, in particular, their armed forces. To obtain neutral status, the State does not have to make a formal declaration, nor do other States or parties formally have to recognize such status. A formal declaration will only have the effect of making Neutral status better known.

The armed forces of the neutral State also require clear instructions on how they are to operate in relation to the defence of their territory and in dealing with incursions. For isolated and accidental violations of neutral space, the instructions might include the need to issue warnings or give a demonstration of force. For increasingly numerous and serious violations, a general warning might be called for and the use of force stepped up.

Particular obligations – the neutral State must ensure respect for its neutrality, if necessary, using force to repel any violation of its territory. Violations include failure to respect the prohibitions placed on belligerent parties with regard to certain activities in neutral territory, described above. The fact that a neutral State uses force to repel attempts to violate its neutrality cannot be regarded as a hostile act. If the neutral State defends its neutrality, it must however respect the limits which international law imposes on the use of force. The neutral State must treat the opposing belligerent States impartially.

This obligation does not mean that a State is bound to treat the belligerents in exactly the same way. It entails a prohibition on discrimination.

It forbids only differential treatment of the belligerents which in view of the specific problem of armed conflict is not justified. Therefore, a neutral State is not obliged to eliminate differences in commercial relations between itself and each of the parties to the conflict at the time of the outbreak of the armed conflict. It is entitled to continue existing commercial relations. A change in these commercial relationships could, however, constitute taking sides inconsistent with the status of neutrality.

A neutral state must never assist a party to the armed conflict, in particular it must not supply warships, ammunition or other war materials directly or indirectly to a belligerent power, but otherwise its trade with the belligerent States remains unaffected”.

The material presented above embodies internationally recognized practices that should be adopted by a neutral state.

Therefore, as a neutral state it is appropriate that issues relating to the armed conflict that ceased in May 2009 are also addressed under provisions of international humanitarian law applicable to non-international armed conflict as codified in additional protocol ii of 1977.

THE ROLE of DOMESTIC POLICY in

FOREIGN POLICY

The general understanding is that the focus of Foreign Policy is how a State maintains friendly relations and cooperation with other States in the pursuit of its national interests. However, the fact that origins of national interests are influenced and often driven by domestic interests is not given the attention it deserves. For instance, a key national interest is food security. Therefore, the domestic policy should be how to implement agricultural policies that ensure food security in a manner that assures access to food at affordable prices.

However, food security is possible only if there is sufficient water. This is where irrigation becomes a vital component in a domestic policy of food security. These issues were presented in the article referred to earlier that advocated Neutrality as the appropriate Foreign Policy for Sri Lanka in the context of geopolitical rivalries titled “Independence: Its meaning and a direction for the future”. The relevant section with appropriate updates from this article is presented below:

“Since Sri Lanka possesses skills, technical knowhow and materials locally, except for a small component of imported items to design and build infrastructure projects relating to water supply, highways and high-rise structures, and the only shortcoming is finance, the government should facilitate financing arrangements through local banks, through Treasury Bills or through specific taxes instead of taking bilateral loans from any of the major powers blocks. If Sri Lanka is compelled to take loans to implement infrastructure projects to further its economy, at least Sri Lanka should insist whenever possible that the design and construction of such projects should, as a policy, be undertaken by Sri Lanka. However, there are projects beyond the capability of local talent in fields such as power generation and value addition of raw materials that are currently being exported. One way of attracting Foreign Direct Investment is for the government to encourage and facilitate the emerging class of astute entrepreneurs to engage with the private sector in countries that have the know-how to implement those projects that are beyond the capabilities of local talent”.

“In the meantime, the government should focus on food security by giving every possible incentive locally, not only because tried and tested skills and knowhow are available locally through centuries of experience but also because it is the fastest and most effective way to improve the livelihood and wellbeing of the bulk of the nation. Such traditional agricultural practices should be coupled with up to date technologies relating to transport, packaging and processing of agricultural products together with marketing the end products for local consumption as well as export’.

“Since water is the most vital input for agriculture the government should undertake a programme to restore the ancient tanks that dot the landscape of Sri Lanka as part of food security, because the consequence of climate change is the certainty that it is not possible to predict when and where it would rain. As a key feature of such a programme, the upper elevations that form the catchment area of the major rivers in Sri Lanka should be declared a natural reserve under the control of the central government and reforested to harvest precipitation from either of the monsoons”.

“A development strategy that should run parallel with food security should be the development of a whole range of organic agricultural products including spices outside the range related to food security e.g. horticulture, flowers, ornamental plants and foliage along with spices and herbal medicinal plants not only for local consumption but also specifically targeted for export. A few pioneering entrepreneurs have already embarked on this field of activity but it is only a serious and concerted thrust undertaken by the government as an integral part of a National Economic Policy to develop agriculture and agriculture-based products that could take this field of economic activity far beyond what it is today. Each of the 24 Districts should be declared the epicenter of such agricultural endeavours based on targets set by the Center. Such a strategy would contribute directly to the human development of a hitherto neglected section of the rural population with the minimum of external input”.

It is evident from the foregoing that a whole range of Economic Policies could emerge based on the Domestic Policies adopted. These Domestic Policies would contribute immeasurably to Sri Lanka being free of the dependence on imported agricultural products. For instance, the declaration by the Minister of Agriculture that Sri Lanka imports nearly 2 Billion Dollars of fruits and vegetables is a shameful admission of a failed and flawed Domestic Policies. In such a background to talk about competitive export oriented Economic Policies is to reverse priorities.

An issue that is of vital importance to a State that practices Neutrality as its stated Foreign Policy is that it cannot afford to entertain unsolicited infrastructure projects such as the Light Rail Project from Japan and the offshore Nuclear Power Plants from Russia. Since the actions of a Neutral State must be neutral and therefore act free of any preferences or biases in the implementation of its Economic Policies or any commercial activities, its engagement with other States should be transparent and open. Furthermore, the initiative to implement such projects should be formulated by the Neutral State as part of its Domestic Policy.

CONCLUSION

Now that the President and Prime Minister of Sri Lanka have declared that Sri Lanka’s foreign policy is neutral, the material presented herein gives the internationally accepted norms by which a Neutral State should conduct its Foreign Relations and in turn how other States should respect its Policy of Neutrality. One vital aspect of such a norm is the respect of other States for the inviolability of the territory of the Neutral State and its integrity.

The Policy of Neutrality is the best defence Sri Lanka has to deter global powers from attempting to get control of Sri Lanka because of its strategic location on grounds internationally recognized norms of conduct applicable to a Neutral State. The extent to which Sri Lanka succeeds in retaining its Freedoms and Independence amidst such challenges depends on how Sri Lanka conducts its Foreign Relations as a Neutral State.

The most recent concern to the Policy of Neutrality is the request by the Chinese Research Ship to enter Sri Lankan waters to carry out research studies in collaboration with National Aquatic Resources Research and Development Agency (NARA); a practice they have been engaged in since 2017 after signing an MOU. The MOU has lapsed and is due for renewal. The recommendation is that if such concerns are to avoided the Defence Ministry together with the Foreign Ministry should develop a Standard Operating Procedure relating to the entry of any sea going vessel to enter Sri Lankan waters and circulate it among the Foreign Missions so that they are forewarned about the internationally recognized rights of a Neutral State.

The other aspect addressed is the symbiotic relationship that exists between Domestic Policies and Foreign Policies. In this regard the recommendation advocated is to seriously and strenuously focus on developing internal strengths particularly in the fields of agriculture to ensure food security and in the field of horticulture for export. In short, the Domestic Policies should focus on reducing imports in all fields that Sri Lanka can free itself of external dependence. The fact that Sri Lanka imports fruits and vegetables is a shame that Sri Lanka can do without.

As a Neutral State, Sri Lanka should conduct its Foreign Relations in a manner that underscores its core civilizational value of self-reliance to meet future challenges.



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DB and AKD

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AKD and D. B

Anura Kumara Dissanayake (AKD), the National People’s Power coalition candidate, has been elected Sri Lanka’s ninth President. Although he did not secure the required 50% plus one vote for outright victory, Dissanayake led with 42.31% of the votes, 1.3 million ahead of his nearest rival, Sajith Premadasa of the Samagi Jana Balawegaya (SJB).

Dissanayake’s party, the Janatha Vimukthi Peramuna (JVP), had been waiting a long time for this opportunity, despite having only three MPs in parliament. A viral Facebook post from 2015, where Dissanayake stated, “They tried to bury us. They didn’t know we were seeds,” reflects the party’s resilience.

This election marked the first ever preferential vote count due to constitutional requirements, which created confusion during the counting process. Nevertheless, the campaign and polling proceeded without violence. Dissanayake’s initial lead in postal votes suggested a strong performance.

Despite this success, former Minister Champika Ranawaka noted that 58% of voters had voted against Dissanayake, highlighting the challenges ahead.

Dissanayake performed well in historically significant areas, even surpassing the votes of former President Gotabaya Rajapaksa in his stronghold of Hambantota. Conversely, the Tamil common candidate, P. Ariyanethiran, received just over 2.25 lakh votes, further complicating the political landscape for Tamil representation and unity.

Traits and personality

When D.B. Wijetunga unexpectedly assumed the presidency following the assassination of Premadasa in 1993, and successfully led the military campaign to clear the eastern regions during the civil war, his close associates humorously referred to him as “Doing Bloody Well,” playing on his initials, D. B. W. However, as time passed and Wijetunga began favouring his close allies, often using state banks to accommodate them, and showing a stubborn refusal to listen to advice, the same associates started referring to him as “Deaf and Blind Wijetunga.”

President Dissanayake has shown remarkable adaptability, even making decisions that contradict some of the principles he advocated during his election campaign. Dissanayake could be considered adoptable and keen even when it means making compromises on his earlier campaign promises. AKD embodies the qualities of being adaptable, keen, and dynamic and navigates life with remarkable flexibility but also approaches challenges with enthusiasm and energy.

It is crucial for President Dissanayake to consult rela experts when making decisions. Unlike Gotabaya Rajapaksa, who sought advice from medical practitioners and monks on agricultural issues, Dissanayake should ensure that his decisions are informed by subject-matter experts who are well-versed in the complexities of the issues at hand. This approach will help Dissanayake maintain a dynamic and effective leadership style, avoiding the pitfalls of poor decision-making and ensuring sustained progress for the country.

DBW and Personal Success Attributes

The DBW concept emphasises action, perseverance, and excellence, showcasing remarkable success despite challenges. Together, these perspectives highlight different facets of excelling in various contexts; the “bloody” aspect of DBW signifies grit and determination. This intensity indicates that individuals do not merely perform adequately; they push boundaries and surpass expectations. Here, the critical difference emerges: while keenness emphasises a positive approach to learning and growth, the DBW perspective underscores the importance of perseverance in achieving success.

In the latter part of his presidency, Wijetunga’s ability to collaborate with Kumaratunga without undermining her government exemplifies the excellence inherent in his leadership. His choice to allow the political process to unfold without interference underscores a commitment to the democratic principles that characterised his tenure.

When qualities like adaptability, keenness, and dynamism are combined with the DBW mindset, they create a powerful formula for success. An individual who embodies these traits is flexible in responding to challenges, eager to learn from experiences, and dynamic in action.

AKD and his duty

President Dissanyake, 55, repesenting a transformative moment on the country’s political landscape, comes from a non-political family background, unlike previous leaders who hail from the political elite, notably the Rajapaksa and Premadasa dynasties. As the leader of the National People’s Power (NPP) coalition, a leftist alliance, Dissanayake’s rise to power follows the country’s worst economic crisis in more than seven decades, which triggered mass protests and the resignation of former President Gotabaya Rajapaksa in 2022.

Dissanayake, leader of the JVP, a party with a Marxist history and a reputation for violent uprisings in the past, has worked over the past decade to reform its image and present a platform focused on anti-corruption, transparency, and economic reform. His campaign centered around a “new era of renaissance” for Sri Lanka, promising to overhaul the entrenched political system plagued by corruption and mismanagement, which resonated with voters seeking drastic change in the aftermath of the country’s economic collapse.

His victory in the election was historic, not only for securing 43% of the vote but also because it was the first time in Sri Lankan history that a presidential election was decided by a second round of counting, as no candidate achieved an outright majority in the initial vote.

This victory is particularly notable given his marginal support of only 3% in the 2019 election, demonstrating the shift in public sentiment as Sri Lanka’s crisis deepened.

Despite his appeal to the electorate for change, significant concerns persist regarding his ability to unite the country. His party’s past association with Sinhala-Buddhist nationalism and opposition to Tamil rights has raised skepticism, particularly among the Tamil population, which represents about 12% of the country’s 22 million people. The JVP’s historical stance against Tamil aspirations, combined with its actions during past insurrections, may pose challenges in Dissanayake’s efforts to promote reconciliation and inclusivity.

Economic recovery is at the forefront of his agenda, and one of his first tasks will be to manage the austerity measures imposed under Sri Lanka’s $2.9 billion IMF bailout package. Dissanayake has expressed a desire to renegotiate some terms of the agreement, though experts caution that maintaining credibility with international creditors is vital to ensure the country’s financial stability. Navigating the debt restructuring process, currently in its final stages, will be essential for Sri Lanka to exit default status and restore investor confidence.

On the international front, Dissanayake’s presidency also faces significant geopolitical challenges. His historical anti-Indian rhetoric, including opposition to business agreements with Indian companies, could strain relations with India, a crucial neighbour that extended over $4 billion in aid to Sri Lanka during its economic crisis. Balancing these relations with China, which has also invested heavily in the island, will be a critical aspect of his foreign policy.

While his presidency brings the promise of transparency and reform, how he handles these domestic and international complexities will determine the success of his tenure. His ability to adapt, consult the right experts, and make pragmatic decisions—without becoming rigid or resistant to change, as his predecessors did—will be key in navigating the turbulent waters ahead.

Conclusions

President Dissanayake’s Marxist-rooted JVP has evolved under his guidance, yet the party’s history of violence and its past opposition to Tamil rights continue to raise concerns. Reconciliation with minority communities, especially the Tamil population, will be crucial for national unity and healing.

On the economic front, Dissanayake faces the immediate task of navigating austerity measures tied to Sri Lanka’s IMF bailout, while seeking to restore financial stability and regain the confidence of international creditors. Dissanayake’s presidency marks a significant shift in Sri Lanka’s political landscape, offering the promise of reform and recovery amid the country’s worst economic crisis. His leadership faces major challenges, including navigating IMF-imposed austerity, and balancing international relations with India and China. To succeed, Dissanayake must rely on adaptability, expert consultation, and pragmatic decision-making, avoiding the pitfalls of rigidity and poor governance seen in past leaders. His ability to unite the country and manage complex domestic and international issues will define his presidency.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT University, Malabe. He is also the author of the “Doing Social Research and Publishing Results”, a Springer publication (Singapore), and “Samaja Gaveshakaya (in Sinhala). The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of the institution he works for. He can be contacted at saliya.a@slit.lk and www.researcher.com)

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An ethos of consultation is necessary

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by Jehan Perera

The new government’s approach to major national issues appears to be one of caution and of continuing in the direction set by its predecessor. This is most clearly visible in its adherence to the IMF agreement and its strict conditions. The government has also retained key officials dealing with the economy despite having subjected them to criticism in the run-up to the presidential election. The government has also adopted the same cautious approach with regard to the most immediate international challenge it faced in the form of the UNHRC Resolution 50/1, which came up for decision in Geneva last week. The government adopted the same policy as practised by its two predecessor governments headed by presidents Gotabaya Rajapaksa and Ranil Wickremesinghe, though it framed its rejection of the resolution in more conciliatory language.

Critics of the government have sought to point out that it is reaping the benefits of the policies introduced by the previous government which lost its popularity due to taking those very decisions.  However, the caution is likely to continue till the general elections take place on November 14. This has been beneficial to the country’s economic and social stability and is not to be caviled at.  There was considerable concern expressed by business leaders in the country and also the IMF and international community that the economy was on a knife edge and could plunge into a negative state if there was a change of government. This may explain the very positive initiatives taken by the government to ensure that there was no post-election violence. These included the president’s call that the people were not to celebrate his victory in the traditional manner by cooking and partaking of milk rice and lighting fire crackers. Such actions in the past led to violence, destroyed innocent lives and harmed the country’s reputation and attractiveness to foreign investors.

The government strategy to perform well in the forthcoming general election and win a majority of parliamentary seats is based on consolidating its success, and good reputation gained, at the presidential election.  At the general election the government will be seeking a positive vote of confidence from a larger group of voters who will be approving of their first two months in power. The vast majority of the voters who made up the 42 percent who voted for President Anura Kumara Dissanayake did so in the form of a protest vote. They saw no benefit to them in voting on traditional lines while those they voted for would enjoy the best the country had to offer. They were rejecting the other candidates whom they saw as offering little or nothing new in terms of either development policy or cleaning up the corruption that has become part and parcel of a system. This time around, however, the government expects a positive vote which is likely to occur in most parts of the country.

MINDS MEET

It was noteworthy that the president did not obtain the majority of votes in those parts of the country in which the ethnic and religious minorities predominate.  This may be on account of the fact that for the past five decades since it was formed, the JVP, which is the mother party of the NPP did not support the aspirations of the ethnic and religious minorities, but shared the general view of the ethnic and religious majority about the threat posed by them to the country’s unity and sovereignty due to their demands. During the presidential election campaign, President Dissanayake recognised the harm these old attitudes had done. He gave speeches that demonstrated a perfect understanding of the discriminatory practices in the past in relation to the minorities. He empathised with their sufferings and pledged to make a genuine effort to solve their problems.

After the first three weeks of the new government’s performance the ethnic and religious minorities appear to be reassured that the NPP is not the JVP they once knew.  During a recent visit to the east, and meeting with the Tamil and Muslim civil society, religious clergy and academics there, the impression was of a meeting of minds that encompassed the entire country. The desire for “system change” and for “new faces” is universal.  Accompanying this was an antipathy towards the traditional political parties of the north and east, and of the politicians whom they had elected time and again but who had failed to deliver the results that would improve their lives.

At the present time there is no counterpart to the NPP in the areas in which the ethnic and religious minorities predominate.  It is therefore likely that many of them will want to vote for the NPP at the forthcoming general elections just like their fellow citizens who belong to the ethnic and religious majority.  The fact that nothing controversial has happened to rock the boat or sink the economy in the past three weeks would strengthen their willingness to opt for the new political party and for new leaders. Just as in the rest of the country, there appears to be a popular mood in favour of rejecting those who have not delivered positive results for the past seven decades and to welcome the new. However, NPP could have been more realistic in selection of candidates. Those who have been loyal to the party, but are little known to the voting public, may not necessarily be the ones that the people have confidence in.

LIMITED CONSULTATION

There were concerns in this vein expressed in the east that need to be kept in mind. Limited consultations appear to have taken place with regard to the choice of candidates that the NPP has put forward for election.  The candidates appear to have been selected in an exclusive rather than an inclusive manner by the party hierarchy.  This may not be a problem in the areas where the JVP has traditionally obtained votes and had their membership which has been visible and known to the people in those areas.  However, in areas in which the ethnic and religious minorities predominate, the JVP members are less well known and less visible.  This may call for a more intense process of consultation with the larger civil society to identify those candidates who have served the people well and obtained recognition from them.

If the above is the first challenge that the government needs to address, the second is for the government to express its commitment to the devolution of power which is an article of faith to the ethnic and religious minorities, as well as to the international community.  In his election manifesto and speeches President Dissanayake pledged to implement the 13th Amendment to the constitution.  In any democracy, it is the majority that governs. Where ethnic and religious identities come into play, there will be permanent majorities and permanent minorities that the electoral system cannot make equal. It is only through devolution of power to provincial governments that are elected by local majorities that minorities can feel a sense of inclusion.

A three phase programme is recommended in this regard by civil society members in the east.  The first would be the immediate implementation of the 13th Amendment, even with their limited and restricted powers, by conducting the provincial council elections without further delay.  Second would be to restore to the 13th Amendment those powers that have not yet been devolved though in the constitution or that have been chipped away deliberately or through neglect.  Third would be to improve the scheme of devolution in the comprehensive constitutional reform programme that the government has pledged to undertake. Quite apart from facilitating development by recognizing that different regions have different economic needs and opportunities the principle of devolution also pays heed to the wise words of the great Norwegian peace scholar, Prof. Johan Galtung, who said in Sri Lanka during the time of the LTTE war, “We prefer to be ruled by our own kind even if they are a little unkind.” The process of consultation on these and other matters needs to commence sooner rather than later.

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Education and the luxury of hope

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by Shamala Kumar

This article is based on a talk on transformative policies for education delivered at the Centre for Women’s Research on October 9th, 2024.

The problem

With government change and cautious hope in the air, I thought I would allow myself to dream, to hope for a different world, in the way we view education. First, however, I begin with some hard questions about practicalities that are vital to the welfare of our students and teachers and to the functioning of the educational system as a whole: why is it that food insecurities among students remain unaddressed in the midst of this crisis? Why was reintroducing the school midday meal programme delayed so long? Where are the initiatives to curtail rising self-harm among students?

When we began working as the Kuppi Collective, COVID had struck, and we were teaching online to students we could not see and whose many problems we could not know. As even asking after students who never joined on zoom caused pushback, we continued to teach, not quite fully ourselves, alienated as we were; not teaching really, instead only “performing” our material and disregarding, for the most part, the death and destruction around us.

Things have not changed much since, because even today, in post-COVID times, we teach with little regard to the students who must skip meals and cope silently with unspeakable worries during this economic crisis. We do not speak of the deaths of Palestinians, the ruins that once were Palestinian universities or violence in our society. Our education remains abstract and disconnected from reality.

As governments have done little to address the crises in education, families have had to shoulder the bulk of the burden of providing a decent education. In accessing education, parents fight to get their children to a “good” school. This alone confirms that there are educational disparities, with some schools unable to provide even basic facilities and others seemingly serving as passports to the highest echelons of society. Parents struggle to meet mounting educational costs, to cope when welfare programmes have forsaken them, or to educate students with disabilities.

A dream

Can we expect more from education? We must change for the better, but what does that actually mean? I would like education to be transformative of our own aspirations and our social structures, as it, too, transforms to respond to us and our needs. My dream begins by framing educational spaces as instruments, institutions and manifestations of social justice, where scholarship helps build institutions, communities, and processes that further the principles of democracy, simultaneously recognising the fact that universities are capable of both reinforcing existing power structures and changing them. This is a political endeavour and begins with understanding the politics of difference, of social hierarchies, inequalities and social fault lines. Its politics must be liberatory and unifying in the sense that it forges relationships that strengthen solidarity.

Access to education must be a central concern in any transformative effort, and questions such as who has access to what and for what purpose and conversely who is left out and why, must be addressed. When access is classed, gendered or denied to those marginalized or when education reinforces existing structures of power that further marginalize those already made vulnerable, transformative education cannot happen.

Therefore, this dream begins with a commitment to free education. During the preceding funding-starved years, universities have evolved into commercial enterprises, seeking “generated funds” to replace state funds. This has had a cost, with staff spending less time on research and core teaching functions, engaging in market-friendly activities, such as trendy-sounding certificate courses that generate money that are often not designed to be transformative. Most disturbing, however, are efforts to expand fee-levying degree programmes throughout the system without regard to how impoverished Sri Lankans have become and how inaccessible such programmes would be for so many.

A truly free university must foster safe spaces to ask questions that challenge the dysfunctionalities of our society and the system that maintains that dysfunctionality. Asking uncomfortable questions about social concerns require spaces where scholars truly dare to think and speak. Highly structured universities in which teachers have to demonstrate they have achieved measurable learning outcomes, and publication points for research, and where students must cram their time into inflexible timetables and heavy workloads seem alien to such questioning.

Education must strive to be free of violence, ranging from the violence of ragging and bullying to the violence of being excluded from alienating content. For instance, a teacher who depicts a dagoba as integral to village life in their lectures, ignores religious plurality and makes other types of villages less legitimate. Education must also strive to be equally aspirational and meaningful for all students, providing students with the possibilities of a “good life,” no matter who they are and what that life may look like.

Finally, education must include strong social sciences and humanities programmes to provide the scholar/student with the language to recognise unjust social structures that the present focus on technology-oriented training does not provide. These subject streams must be made richer and become more than simply places to house students when governments fail to spend on science streams. Even if the humanities require less equipment, they do need the personalised attention of good teachers capable of guiding students to articulate their realities and those of their communities, critically.

Where do we begin?

While we tend to see the bad in our education system, there is actually a lot to be happy about. Recently, the Sectoral Oversight Committee on Education, in responding to the National Educational Policy Framework (NEPF, 2023), stated that education policy must recognize: free education as a fundamental principle, education as a fundamental right; equity and justice as overarching norms in education and; that education is only effective when students have their basic needs fulfilled. This statement holds promise.

We must also recognise the vestiges of a strong system of education that exists in the country. A well-established network of schools, universities, training institutes, and funding systems provide a strong structure. Public funding of education has meant that there is some independence for schools and universities to build a better system, to ask difficult questions, and to demand something better.

The Aragalaya brought with it calls for consultation with the people. During the 2012 FUTA million signatures campaign, the nuanced and rich responses of people who informed us of what afflicts education, attests that reforms must start with hearing people’s concerns. I believe fashioning a transformative system of education must begin with a consultative process that can achieve a broad consensus. Such an effort would increase the public’s trust in our educational institutions and may suggest that the government is serving the people, rather than thwarting their aspirations.

As we strive for reform, we must also question assumptions driving the reform proposals of the past few decades. For instance, is the present push to narrowly focus on technology and jobs serving us well? Is quality assurance and standardization helping or reducing the role of students and teachers in education? Is it always possible to measure outcomes? How, for instance, can the excitement of exploring thrilling ideas or the awesomeness of beauty, and the humanness of solidarity be measured? Can corporate management principles that reduce teachers to “knowledge workers” who simply teach and do research to achieve management targets, help us fashion the universities of our dreams?

I believe these reform efforts are misguided and lack perspective. I suggest, simply, that we step back and ask important questions of what we want from education, honestly and thoughtfully, and learn from other countries that have experimented with the types of reforms that our past governments have proposed. Unfortunately, current education reforms are driven by external funders; true reforms will require that the state diverts its own funds to education rather than rely on others.

Settling for greatness in troubled times

For too long, we, the public, have talked and felt only helplessness about education in this country. Some of the blame resides in a concerted effort by powerful actors to drill into us that we cannot afford the luxury of hope or that we are not entitled to want more or to claim what that “more’ looks like. There are alternatives though. During these troubled times, our crises could be viewed as opportunities to come to grips with the deeply dysfunctional aspects of our society and build on what we already have. I hope we can step back, revisit problems, and aspire for greatness in our education system. But we must dream. I propose that we articulate a clear vision and bravely fashion a policy of education that can help us strive to achieve it.

(Shamala Kumar teaches at the University of Peradeniya)

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

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