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Ratification and accession to treaties under 21st Amendment to Constitution

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By Dr. Dayantha Laksiri Mendis

BACKGROUND

It is an important issue to consider under the proposed 21st Amendment to the Constitution whether the President should sign, ratify or accede to treaties in consultation with the Prime Minister. In this article, it is proposed to provide an analysis of this important issue by reference to current constitutional law and practices of Commonwealth countries.

Before I deal with this issue, it is useful to outline the importance of treaties as outlined in the following references: (Richard Ware, “Parliament and Treaties” in Parliament and International Relations, (1991), pp.37-48; Lord McNair, Law of Treaties, (1961), pp.83-94; Sir Kenneth Keith, ‘New Zealand Treaty Practice: The Executive and the Legislature’ (1964), 1 N.Z.L.R., pp.277-281. J.E.S. Fawcett, The British Commonwealth in international law, (1963), at p.65; Anthony Aust – Modern Treaty Law and Practice, OUP UK 2006; F.A. Mann – Foreign Affairs in English Courts, OUP, UK 1986).

TREATIES IN A CONSTITUTIONAL CONTEXT

Treaty is an ancient legal instrument. It contributes to global and national governance. Treaty is a generic term and includes conventions, agreements, protocols, letters of exchange, compacts, etc. It can be defined as Agreements between States or between States and Inter-Governmental Organisations (IGOs) and between IGOs.

In modern times, negotiation and conclusion of treaties are regulated by the 1969 Vienna Convention on the Law of Treaties (1969 VCLT) and the 1986 Vienna Convention on the Law of Treaties between States and International Organizations and between International Organizations (1986 VCLT). It is a specialized branch of international law and those who negotiate and conclude such treaties are diplomats and international civil servants. Usually, they have an understanding of the subject matter, as well as treaty law and practice.

Treaties can be multilateral, plurilateral or bilateral and they generally come into force on signature, ratification or accession. Important multilateral treaties signed, ratified and acceded to by Sri Lanka are: ICCPR 1966 and the Optional Protocol 1976, ICESCR 1966, Convention on the Rights of the Child 1989, Geneva Conventions 1949 and the Additional Protocols 1977, The Nuclear Non-Proliferation Treaty 1968, UN Convention on Climate Change 1992, UN Biodiversity Convention 1992, Paris Agreement, IMO Conventions, ICAO Conventions, etc.

Important plurilateral treaties signed or ratified by Sri Lanka are SAARC, BIMSTEC, IORAC, and they only apply to a group of states belonging to a particular region. Other famous plurilateral treaties are Treaty on European Union (Lisbon Treaty) and Revised Treaty of Chaguaramas (CARICOM Treaty). These two treaties have established a single market and economy with free movement of persons, goods and services.

Important bilateral treaties signed by Sri Lanka are Rubber-Rice Pact 1956; 1987 Indo-Sri Lanka Accord, 1998 Indo-Sri Lanka Free Trade Agreement, and 2018 Singapore-Sri Lanka Free Trade Agreement. Other famous bilateral treaties are Camp David Accord 1976 and Shimla Agreement 1972.

Treaties must be distinguished from non-treaty instruments. Non-treaty instruments are MOUs, guidelines, codes of conduct and Resolutions of the UN Security Council, Human Rights Council, IMO, ICAO, etc. Unlike treaties, non-treaty instruments do not require consent of States. Some non-treaty instruments are legally binding on Member States and they are called “hard law” and some are not binding and they are called “soft law”.

Geneva Resolution 2015 30/1 of the Human Rights Council is a non-treaty instrument which applies to Sri Lanka. It was intended to bring reconciliation between the parties involved in the North-East armed conflict in Sri Lanka for a period of 30 years. This Resolution has created constitutional problems for Sri Lanka than any treaty or non-treaty instrument.

Article 46 of the Vienna Convention on the Law of Treaties 1969 states, if a treaty (or non-treaty instrument) manifestly contravenes an internal rule of fundamental importance, a treaty could be rendered void at international level. This rule has evolved through Customary International Law and therefore it can be considered a part of Common Law of the United Kingdom and commonwealth countries.

In Sri Lanka, treaties do not apply at national level, as Sri Lanka is a dualist State where international law is considered a separate legal order. Hence, the transformation of treaties into national legislation by using suitable legislative techniques is necessary to give legal effect to treaties at national level as in other Commonwealth countries. (See: T. O. Elias, The Modern Law of Treaties, (1974), pp.142-50. According to Judge Elias, the question brings into focus the doctrinal controversy between monists and dualists schools of thought in international law. See also: D. L. Mendis, Legislative Transformation of Treaties, Statute Law Review, Volume 13, OUP, UK, 1992.

RATIFICATION OF TREATIES IN COMMON LAW COUNTRIES

In Sri Lanka, the President, under the 1978 Constitution has an inherent right to sign, ratify or accede to treaties without consulting the prime minister and without obtaining parlia­mentary approval by reference to constitutional provisions. This has led to bitter controversy among cabinet ministers since the Indo-Lanka Accord 1986.

In the United States of America, the President has to obtain approval of the Senate with a two-thirds majority to ratify treaties. Up to now, the President of USA has not been able to obtain the approval of the Senate for ratification of the 1982 LOS Convention.

In the United Kingdom, Her Majesty the Queen signs, ratifies or accedes to treaties on the advice of the Prime Minister. However, the ‘Ponsonby Rule’ was introduced in 1924 by late Mr. Arthur Ponsonby (then Parliamentary Under-Secretary for Foreign Affairs) to obtain parliamentary approval prior to ratification of treaties with a view to encouraging open-government in foreign affairs.

The cur­rent application of the ‘Ponsonby rule’ is recorded in the twenty-first edition of Erskine May’s Parliamentary Practice in the following manner –

“When a treaty requires ratification, the Govern­ment does not usually proceed with the ratifica­tion until a period of twenty-one days has elapsed from the date on which the text of such a treaty was laid before parliament by Her Majesty’s command. This practice is subject to modification, if necessary, when urgent or other important considerations arise.”

The ‘Ponsonby rule’ is followed in many Commonwealth countries with variations and such varied practices relating to the modification of the ‘Ponsonby rule’ in “urgent” or “important” situations are noted in the U.N.I.T.A.R. Study. (See: O. Schachter, M. Nawaz and J. Fried (eds.) – Toward Wider Acceptance of U.N. Treaties, (New York, 1971), pp.95-96). Several variations of the Ponsonby rule are noted in the UNITAR Study at p.95).

AN EMERGING PRACTICE IN COMMONWEALTH COUNTRIES

In recent times, there appears to be an emerging constitutional practice in Commonwealth countries to obtain approval of Parliament either in the form of implementing legislation or by way of the Resolution prior to signature, ratification or accession in regard to certain category of treaties as provided hereinbelow:

1. A treaty itself may mandate the approval of Parliament either by way of a Resolution or in the form of implementing legislation prior to signature, ratification or accession to treaties. It is necessary in such circumstan­ces to obtain Parliamentary approval by way of a Resolution or in the form of implementing legislation prior to signature, ratification or accession to treaties.

For example, Anglo-Irish Agreement (1985) entered into force for the U.K. only after it was subjected to a heated debate in Parliament in November 1985 and was approved by the Parliament as required by the text of the treaty. Similarly, a large number of treaties initiated by or under the auspices of international organizations may require enactment of implementing legislation at national level prior to signature, ratification or accession to such treaties. (See: Articles of Agreement of the I.B.R.D., I.M.F. and I.F.C. require such approval. In moving the second reading in the House of Commons of the Multilateral Investment Guarantee Agency (M.I.G.A.) Bill, the former Minister for Overseas Development, Mr. Chris Patten stated: “The Bill is required to enable the United Kingdom to ratify the convention establishing MIGA, which is an international organization associated with the World Bank…”).

2. In some Commonwealth countries, a “binding constitutional practice” has emerged in the sphere of public policy to obtain parliamentary approval in the form of implementing legislation prior to signature, ratification or accession to “important” or “controversial” treaties at national level.

For example, in the United Kingdom, the Hong Kong Agreement 1984 and the Single European Act 1986 were approved by the House of Commons and implementing legislation was enacted before such treaties were ratified by the Executive. Some treaties initiated by international organizations are also enacted into national law before ratification or accession to such treaties because of their political and legal importance at international and national level.

3. Constitutional or statutory provisions may require parliamentary approval in the form of implementing legislation prior to signature, ratification or accession to a certain category of treaties.

For example, section 3 of the Ratification of Treaties Act 1983 (No. 5 of 1983) of Malta provides that a certain category of treaties require parliamentary approval in the form of implementing legislation.

Similar provisions are also found in the Ratifi­cation of Treaties Act 1987 (No.1 of 1987) of Antigua and Barbuda. In such situations, approval of Parliament is generally obtained in the form of implementing legislation before instruments of ratification are deposited. The draft Millennium Challenge Compact (MCC) required the enactment of implementing legislation prior to signature for purpose of its implementation.

CONCLUDING REMARKS AND RECOMMENDATIONS

In Sri Lanka, there is no reference whatsoever to treaties under article 33 of the 1978 Constitution. Hence, it is proposed that the following provisions should be inserted as article 33 (gg) the signature, ratification or accession to treaties by the President shall be undertaken in consultation with the Prime Minister.”

In Sri Lanka, parliamentary approval is not necessary prior to signature, ratification or accession to a treaty, as there are no constitutional or statutory provisions requiring such approval.

Many Commonwealth countries have enacted legislation requiring the approval of Parliament for a certain category of treaties as illustrated in the preceding parts of this article.

In the UK, Constitutional Reform and Governance Act 2010 requires parliamentary approval for ratification of a certain category of treaties. Thus, this piece of legislation has taken the Ponsonby Rule to its logical end to ensure open government in foreign affairs.

In the Republic of India, the National Commission was established in 2001 to review treaty-making power under the Indian Constitution, as there are no constitutional provisions regulating treaty-making powers. The Commission recommended such approval of Parliament. However, up to now, there has been no constitutional amendment enacted to ensure parliamentary approval for a certain category of treaties, although an attempt was made on 5th March 1993 by George Fernandez to introduce a Constitutional (Amendment) Bill to this effect in Lok Sabha.

In Sri Lanka, the Yaha Palana Draft Constitution inserted the following provision to fill the lacuna in the 1978 Constitution in the following manner:

“47. XX The Constitution would require that every treaty, along with a memorandum explaining its implication, be tabled in Parliament at least one month before ratification. Parliament may adopt a resolution recommending ratification, reservation or even non-ratification. The Executive would be bound by the terms of such resolution.

Parliament shall be informed of the ratification of every such treaty forthwith.

The provision of a human rights treaty shall become part of the domestic law on the expiry of a period of two years reckoned from the date of ratification. Parliament may by resolution extend such period by one year or reduce such period. Any further extension of the period not exceeding one year at a time would require two-thirds majority. Where Parliament passes a law incorporating a part but not the entirety of a treaty before automatic incorporation, the unincorporated provision would become domestic law at the end of the period concerned.

In relation to human rights treaties to which Sri Lanka is a party at the time the new constitutional provisions come into effect, the two-year period shall begin to run from such time.”

I humbly submit that in Sri Lanka parliamentary approval for a certain category of treaties is necessary prior to signature, ratification or accession to treaties. It is the Parliament and only the Parliament should be the final arbiter on granting approval for signature, ratification or accession to treaties. A draft Bill, on this subject, by the author of this article, is contained in the book titled: PERSPECTIVE ON CONSTITUTIONAL REFORM IN SRI LANKA, published by the International and Comparative Law Society, of Sri Lanka, 2021, pp. 492-501. (Editors: Dr. Hiran W. Jayewardene and Prof. Sharya Scharenguivel).

(The view expressed are personal and not that of Lakshman Kadirgamar Institute. He served as Ambassador to Austria and Permanent Representative to the UN in Vienna. He served as UN and Commonwealth Legal Expert/Adviser in many countries. He also served as Legislative and Treaty Drafting Expert at the CARICOM Secretariat in Georgetown, Guyana (South America) for several years. Email: mendis_law@yahoo.com).



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Echo fades? NPP’s waning momentum in LG polls

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The 2025 local government elections in Sri Lanka were expected to cement the National People’s Power (NPP) as the country’s emergent political force. However, the results delivered a more complex picture. Despite months of rising public frustration with traditional parties, the NPP saw a surprising loss of momentum—shedding over 2.3 million votes compared to their strong showing in the 2024 elections. This electoral drop has puzzled analysts and frustrated supporters, raising critical questions about political consistency, campaign strategy, and the evolving expectations of Sri Lanka’s voters.

Since 2019, the NPP, led by Anura Kumara Dissanayake, had rapidly ascended in popularity, drawing support from youth, professionals, and disillusioned citizens across ethnic and social lines. Its messaging of clean governance, economic equity, and systemic reform resonated strongly in the wake of multiple national crises—from the 2019 Easter attacks to the crippling financial collapse of 2022.

In the aftermath of President Gotabaya Rajapaksa’s resignation and widespread protests that rocked the island in 2022, the NPP emerged as a political vessel for anti-establishment sentiment. Many expected the 2025 local government elections to be a stepping-stone to national dominance. (See table 1: Source: https://election.newsfirst.lk/#/parties)

The Vote Drop Explained

*  The loss of 2.3 million votes has several potential explanations:

Turnout Fatigue: Voter turnout was markedly lower than in the presidential elections, particularly in urban centres and among younger demographics—traditionally NPP strongholds.

* Fragmented Opposition: Other opposition parties, including the SJB and remnants of SLFP factions, may have regained localised influence, especially in rural electorates.

* Unrealised Expectations: Some voters, who rallied behind the NPP in national-level discourse, may have doubted its practical ability to manage local governance.

* Campaign Gaps: Compared to the presidential elections, the local campaign lacked grassroots mobilisation and visibility in several key districts.

* Implications for Presidential Race

While the NPP remains a key contender for the next presidential election, the 2025 local poll results suggest it cannot rely solely on public dissatisfaction to drive voter loyalty. Its ability to build consistent, multi-layered support—across local, provincial, and national levels—may determine its viability as a governing force.

The results of the 2025 local government elections are neither a death knell nor a coronation for the NPP. Rather, they serve as a sobering checkpoint in the party’s political journey. The challenge now is to reconnect with its disillusioned base, sharpen its policy delivery at the grassroots, and reassert itself, not just as a movement—but as a government-in-waiting.

Sri Lanka’s 2025 local government elections mark a significant turning point in the nation’s political trajectory. After decades of domination by traditional parties, such as the United National Party (UNP), the Sri Lanka Freedom Party (SLFP), and their offshoots, a new political force—the National People’s Power (NPP)—has emerged as a credible challenger. Fuelled by public frustration over economic mismanagement, corruption, and a deepening trust deficit in governance, the NPP’s ascent signals not merely a change in voter preference but a seismic shift in political culture.

This article analyzes the key patterns emerging from the 2025 local government polls, drawing comparisons with historical voting trends from 1982 to 2024. It explores the urban-rural divide, the shifting role of ethnic minority parties, and the unprecedented surge in support for the NPP. Through this lens, we assess the long-term implications for Sri Lanka’s democratic institutions, party system, and policy direction.

Since gaining independence in 1948, Sri Lanka’s political landscape has been predominantly shaped by two major parties: the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP). These parties alternated in power for decades, cultivating strong patronage networks and deep-rooted voter bases. While the UNP positioned itself as centre-right and pro-business, the SLFP leaned toward centre-left policies and a populist approach. Their dominance, however, was periodically challenged by splinter groups and coalitions, such as the Janatha Vimukthi Peramuna (JVP), Tamil political parties, and more recently, the Sri Lanka Podujana Peramuna (SLPP), founded by the Rajapaksa family.

The 1970s and 1980s were marked by political instability, including the JVP insurrections, ethnic tensions, and the outbreak of a protracted civil war in 1983. These events shifted the focus of governance toward national security and centralised power. The civil war’s end in 2009 created new political opportunities, especially for the Rajapaksas, whose military victory brought them immense popularity. The SLPP, a breakaway from the SLFP, capitalised on this sentiment to dominate national politics by 2019.

However, the veneer of stability began to crack following the Easter Sunday attacks in 2019, the economic collapse of 2022, and a series of mass protests that culminated in the resignation of President Gotabaya Rajapaksa. These events exposed the fragility of state institutions, widespread corruption, and policy incoherence. The public’s growing disillusionment with mainstream parties created fertile ground for alternative political movements.

The National People’s Power (NPP), an alliance led by the formerly radical JVP and allied civil society actors, emerged as a legitimate alternative. With a platform centred on good governance, anti-corruption, youth empowerment, and economic justice, the NPP resonated particularly with urban voters, the educated middle class, and politically disenchanted youth. Their performance in the 2025 local government elections reflects this broader national mood and demands a serious examination of whether Sri Lanka is entering a post-partisan or realigned political era.

Over the past four decades, Sri Lanka’s political stage has experienced seismic shifts — from the firm grip of traditional powerhouses, like the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP), to a recent wave of public support for reformist newcomers like the National People’s Power (NPP).

From Dominance to Decline: UNP and SLFP’s Waning Appeal

In the early 1980s, the UNP was riding high, securing over half the vote in national elections. But as the years progressed, public dissatisfaction began to creep in. By 1994, after over a decade of UNP-led rule, marked by civil unrest and economic concerns, voters decisively turned to the SLFP, handing it a landslide victory with over 62% of the vote. This marked the beginning of a back-and-forth tug-of-war between the two traditional giants.

From 2005 to 2015, elections were closely fought. The SLFP, supported by a strong rural base and popular policies, held a slight edge. However, in 2015, a wave of frustration over governance saw the UNP bounce back. The contest remained tight until the SLFP once again gained ground in 2019.

2024: A System in Flux

By 2024, the grip of both the UNP and SLFP had visibly weakened. In one round of results, the SLFP led with 42.3% while the UNP lagged behind at 32.75%. In another, the gap widened even further, with the SLFP reaching nearly 56% of the vote. These figures, however, painted only part of the picture. Beneath the surface, a deeper shift was brewing — the emergence of a third force.

Urban-Rural Divide Becomes Clearer

The NPP made sweeping gains in urban areas like Colombo, Gampaha, Kalutara, and Kandy. Educated young voters, professionals, and middle-class families — hit hard by job losses and rising living costs — turned to the NPP’s promise of clean governance and reform.

In contrast, rural regions, particularly in the South and North Central areas, still leaned toward the SLPP and SJB (Samagi Jana Balawegaya), albeit with thinner margins than in previous years. Old loyalties and patronage networks seemed to persist, though weakening steadily.

Ethnic Politics and Emerging National Themes

Tamil political parties, particularly the Illankai Tamil Arasu Kachchi (ITAK), held their ground in the Northern and Eastern Provinces, winning most local seats in places like Jaffna and Batticaloa. However, voter turnout was low, signalling deep political disillusionment.

Interestingly, the NPP also made modest inroads in these regions, suggesting its message is resonating across ethnic lines, particularly among younger and more urbanised voters.

Economic Anger Fuels Political Upheaval

The steep decline of the SLPP has been linked directly to the economic crisis, where food, fuel, and medicine shortages led to the 2022–2023 protests known as Aragalaya. The ruling party’s failure to stabilise the economy appears to have cost them dearly, aligning with global trends where poor governance results in electoral punishment.

While the SJB made some gains, especially in southern regions, it couldn’t fully capitalise on voter frustration. Analysts suggest this may be due to its perceived links to the old UNP, vague policy directions, and lack of a bold vision.

End of Bipolar Politics?

The rise of the NPP signals the beginning of a new political era. For decades, Sri Lankan politics was defined by a two-party rivalry — UNP vs. SLFP, and later SLPP vs. SJB. Now, the landscape is tripolar, and possibly moving toward a multiparty democracy where ideas and reform matter more than family legacies and party loyalty.

Young, first-time voters and professionals are looking for issue-based politics: anti-corruption, economic stability, and public accountability. The NPP seems to be answering that call — for now.

A New Chapter Begins

In short, Sri Lanka is witnessing a political transformation. The old guard is losing ground. A new generation of voters is demanding answers, not slogans. And if the 2025 local elections are anything to go by, the future may well belong to those who listen, adapt, and lead with integrity.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT , 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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A plural society requires plural governance

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The local government elections that took place last week saw a consolidation of the democratic system in the country.  The government followed the rules of elections to a greater extent than its recent predecessors some of whom continue to be active on the political stage.  Particularly noteworthy was the absence of the large-scale abuse of state resources, both media and financial, which had become normalised under successive governments in the past four decades.  Reports by independent election monitoring organisations made mention of this improvement in the country’s democratic culture.

In a world where democracy is under siege even in long-established democracies, Sri Lanka’s improvement in electoral integrity is cause for optimism. It also offers a reminder that democracy is always a work in progress, ever vulnerable to erosion and needs to be constantly fought for. The strengthening of faith in democracy as a result of these elections is encouraging.  The satisfaction expressed by the political parties that contested the elections is a sign that democracy in Sri Lanka is strong.  Most of them saw some improvement in their positions from which they took reassurance about their respective futures.

The local government elections also confirmed that the NPP and its core comprising the JVP are no longer at the fringes of the polity.  The NPP has established itself as a mainstream party with an all-island presence, and remarkably so to a greater extent than any other political party.  This was seen at the general elections, where the NPP won a majority of seats in 21 of the country’s 22 electoral districts. This was a feat no other political party has ever done. This is also a success that is challenging to replicate. At the present local government elections, the NPP was successful in retaining its all-island presence although not to the same degree.

Consolidating Support

Much attention has been given to the relative decline in the ruling party’s vote share from the 61 percent it secured in December’s general election to 43 percent in the local elections. This slippage has been interpreted by some as a sign of waning popularity. However, such a reading overlooks the broader trajectory of political change. Just three years ago, the NPP and its allied parties polled less than five percent nationally. That they now command over 40 percent of the vote represents a profound transformation in voter preferences and political culture. What is even more significant is the stability of this support base, which now surpasses that of any rival. The votes obtained by the NPP at these elections were double those of its nearest rival.

The electoral outcomes in the north and east, which were largely won by parties representing the Tamil and Muslim communities, is a warning signal that ethnic conflict lurks beneath the surface. The success of the minority parties signals the different needs and aspirations of the ethnic and religious minority electorates, and the need for the government to engage more fully with them.  Apart from the problems of poverty, lack of development, inadequate access to economic resources and antipathy to excessive corruption that people of the north and east share in common with those in other parts of the country, they also have special problems that other sections of the population do not have. These would include problems of military takeover of their lands, missing persons and persons incarcerated for long periods either without trial or convictions under the draconian Prevention of Terrorism Act (which permits confessions made to security forces to be made admissible for purposes of conviction) and the long time quest for self-rule in the areas of their predominance

The government’s failure to address these longstanding issues with urgency appears to have caused disaffection in electorate in the north and east. While structural change is necessarily complex and slow, delays can be misinterpreted as disinterest or disregard, especially by minorities already accustomed to marginalisation. The lack of visible progress on issues central to minority communities fosters a sense of exclusion and deepens political divides. Even so, it is worth noting that the NPP’s vote in the north and east was not insignificant. It came despite the NPP not tailoring its message to ethnic grievances. The NPP has presented a vision of national reform grounded in shared values of justice, accountability, development, and equality.

Translating electoral gains into meaningful governance will require more than slogans. The failure to swiftly address matters deemed to be important by the people of those areas appears to have cost the NPP votes amongst the ethnic and religious minorities, but even here it is necessary to keep matters in perspective.  The NPP came first in terms of seats won in two of the seven electoral districts of the north and east.  They came second in five others. The fact that the NPP continued to win significant support indicates that its approach of equity in development and equal rights for all has resonance. This was despite the Tamil and Muslim parties making appeals to the electorate on nationalist or ethnic grounds.

Slow Change

Whether in the north and east or outside it, the government is perceived to be slow in delivering on its promises.  In the context of the promise of system change, it can be appreciated that such a change will be resisted tooth and nail by those with vested interests in the continuation of the old system.  System change will invariably be resisted at multiple levels.  The problem is that the slow pace of change may be seen by ethnic and religious minorities as being due to the disregard of their interests.  However, the system change is coming slow not only in the north and east, but also in the entire country.

At the general election in December last year, the NPP won an unprecedented number of parliamentary seats in both the country as well as in the north and east.  But it has still to make use of its 2/3 majority to make the changes that its super majority permits it to do.  With control of 267 out of 339 local councils, but without outright majorities in most, it must now engage in coalition-building and consensus-seeking if it wishes to govern at the local level. This will be a challenge for a party whose identity has long been built on principled opposition to elite patronage, corruption and abuse of power rather than to governance. General Secretary of the JVP, Tilvin Silva, has signaled a reluctance to form alliances with discredited parties but has expressed openness to working with independent candidates who share the party’s values. This position can and should be extended, especially in the north and east, to include political formations that represent minority communities and have remained outside the tainted mainstream.

In a plural and multi-ethnic society like Sri Lanka, democratic legitimacy and effective governance requires coalition-building. By engaging with locally legitimate minority parties, especially in the north and east, the NPP can engage in principled governance without compromising its core values. This needs to be extended to the local government authorities in the rest of the country as well. As the 19th century English political philosopher John Stuart Mill observed, “The worth of a state in the long run is the worth of the individuals composing it,” and in plural societies, that worth can only be realised through inclusive decision-making.

by Jehan Perera

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Commercialising research in Sri Lanka – not really the healthiest thing for research

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Image credit University of Sydney

In the early 2000s, a colleague, returning to Sri Lanka after a decade in a research-heavy first world university, complained to me that ‘there is no research culture in Sri Lanka’. But what exactly does having a ‘research culture’ mean? Is a lot of funding enough? What else has stopped us from working towards a productive and meaningful research culture? A concerted effort has been made to improve the research culture of state universities, though there are debates about how healthy such practices are (there is not much consideration of the same in private ‘universities’ in Sri Lanka but that is a discussion for another time). So, in the 25 years since my colleague bemoaned our situation, what has been happening?

What is a ‘research culture’?

A good research culture would be one where we – academics and students – have the resources to engage productively in research. This would mean infrastructure, training, wholesome mentoring, and that abstract thing called headspace. In a previous Kuppi column, I explained at length some of the issues we face as researchers in Sri Lankan universities, including outdated administrative regulations, poor financial resources, and such aspects. My perspective is from the social sciences, and might be different to other disciplines. Still, I feel that there are at least a few major problems that we all face.

Number one: Money is important.

Take the example American universities. Harvard University, according to Harvard Magazine, “received $686.5 million in federally sponsored research grants” for the fiscal year of 2024 but suddenly find themselves in a bind because of such funds being held back. Research funds in these universities typically goes towards building and maintenance of research labs and institutions, costs of equipment, material and other resources and stipends for graduate and other research assistants, conferences, etc. Without such an infusion of money towards research, the USA would not have been able to attracts (and keeps) the talent and brains of other countries. Without a large amount of money dedicated for research, Sri Lankan state universities, too, will not have the research culture it yearns for. Given the country’s austere economic situation, in the last several years, research funds have come mainly from self-generated funds and treasury funds. Yet, even when research funds are available (they are usually inadequate), we still have some additional problems.

Number two: Unending spools of red tape

In Sri Lankan universities red tape is endless. An MoU with a foreign research institution takes at least a year. Financial regulations surrounding the award and spending of research grants is frustrating.

Here’s a personal anecdote. In 2018, I applied for a small research grant from my university. Several months later, I was told I had been awarded it. It comes to me in installments of not more than Rs 100,000. To receive this installment, I must submit a voucher and wait a few weeks until it passes through various offices and gains various approvals. For mysterious financial reasons, asking for reimbursements is discouraged. Obviously then, if I were working on a time-sensitive study or if I needed a larger amount of money for equipment or research material, I would not be able to use this grant. MY research assistants, transcribers, etc., must be willing to wait for their payments until I receive this advance. In 2022, when I received a second advance, the red tape was even tighter. I was asked to spend the funds and settle accounts – within three weeks. ‘Should I ask my research assistants to do the work and wait a few weeks or months for payment? Or should I ask them not to do work until I get the advance and then finish it within three weeks so I can settle this advance?’ I asked in frustration.

Colleagues, who regularly use university grants, frustratedly go along with it; others may opt to work with organisations outside the university. At a university meeting, a few years ago, set up specifically to discuss how young researchers could be encouraged to do research, a group of senior researchers ended the meeting with a list of administrative and financial problems that need to be resolved if we want to foster ‘a research culture’. These are still unresolved. Here is where academic unions can intervene, though they seem to be more focused on salaries, permits and school quotas. If research is part of an academic’s role and responsibility, a research-friendly academic environment is not a privilege, but a labour issue and also impinges on academic freedom to generate new knowledge.

Number three: Instrumentalist research – a global epidemic

The quality of research is a growing concern, in Sri Lanka and globally. The competitiveness of the global research environment has produced seriously problematic phenomena, such as siphoning funding to ‘trendy’ topics, the predatory publications, predatory conferences, journal paper mills, publications with fake data, etc. Plagiarism, ghost writing and the unethical use of AI products are additional contemporary problems. In Sri Lanka, too, we can observe researchers publishing very fast – doing short studies, trying to publish quickly by sending articles to predatory journals, sending the same article to multiple journals at the same time, etc. Universities want more conferences rather than better conferences. Many universities in Sri Lanka have mandated that their doctoral candidates must publish journal articles before their thesis submission. As a consequence, novice researchers frequently fall prey to predatory journals. Universities have also encouraged faculties or departments to establish journals, which frequently have sub-par peer review.

Alongside this are short-sighted institutional changes. University Business Liankage cells, for instance, were established as part of the last World Bank loan cycle to universities. They are expected to help ‘commercialise’ research and focuses on research that can produce patents, and things that can be sold. Such narrow vision means that the broad swathe of research that is undertaken in universities are unseen and ignored, especially in the humanities and social sciences. A much larger vision could have undertaken the promotion of research rather than commercialisation of it, which can then extend to other types of research.

This brings us to the issue of what types of research is seen as ‘relevant’ or ‘useful’. This is a question that has significant repercussions. In one sense, research is an elitist endeavour. We assume that the public should trust us that public funds assigned for research will be spent on worth-while projects. Yet, not all research has an outcome that shows its worth or timeliness in the short term. Some research may not be understood other than by specialists. Therefore, funds, or time spent on some research projects, are not valued, and might seem a waste, or a privilege, until and unless a need for that knowledge suddenly arises.

A short example suffices. Since the 1970s, research on the structures of Sinhala and Sri Lankan Tamil languages (sound patterns, sentence structures of the spoken versions, etc.) have been nearly at a standstill. The interest in these topics are less, and expertise in these areas were not prioritised in the last 30 years. After all, it is not an area that can produce lucrative patents or obvious contributions to the nation’s development. But with digital technology and AI upon us, the need for systematic knowledge of these languages is sorely evident – digital technologies must be able to work in local languages to become useful to whole populations. Without a knowledge of the structures and sounds of local languages – especially the spoken varieties – people who cannot use English cannot use those devices and platforms. While providing impetus to research such structures, this need also validates utilitarian research.

This then is the problem with espousing instrumental ideologies of research. World Bank policies encourage a tying up between research and the country’s development goals. However, in a country like ours, where state policies are tied to election manifestos, the result is a set of research outputs that are tied to election cycles. If in 2019, the priority was national security, in 2025, it can be ‘Clean Sri Lanka’. Prioritising research linked to short-sighted visions of national development gains us little in the longer-term. At the same time, applying for competitive research grants internationally, which may have research agendas that are not nationally relevant, is problematic. These are issues of research ethics as well.

Concluding thoughts

In moving towards a ‘good research culture’, Sri Lankan state universities have fallen into the trap of adopting some of the problematic trends that have swept through the first world. Yet, since we are behind the times anyway, it is possible for us to see the damaging consequences of those issues, and to adopt the more fruitful processes. A slower, considerate approach to research priorities would be useful for Sri Lanka at this point. It is also a time for collective action to build a better research environment, looking at new relationships and collaborations, and mentoring in caring ways.

(Dr. Kaushalya Perera teaches at the Department of English, University of Colombo)

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

By Kaushalya Perera

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