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Rolling out holistic solution to perennial problem of laws’ delays

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Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



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West Asian conflict undergoing manifold complications

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Captain Machchhar; heroism in the skies.

Israeli Prime Minister Benjamin Netanyahu’s message to Israel’s enemies was blunt and stark.‘We’re going to win; we have no choice.’ He said so while the majority of attendees at a recent UN General Assembly session walked out of the conference hall when the Israeli Prime Minister took the podium; many of them booing in derision.

Those commentators who have been studying Israel’s handling of her enemy states over the decades are unlikely to dismiss the entirety of Netanyahu’s address as rhetoric. The general pattern has been for the Israeli state to stand up firmly against its enemies in the battle field. On most occasions, these adversaries have been beaten back.

It is also little realized in particularly the Southern hemisphere that Israel, for the most part, could defend herself without much US assistance. The history of the conflict bears this out.

However, from the viewpoint of working towards a just and equitable peace in the Middle East the Israeli hard line stance has proved and will prove incalculably detrimental. The sworn enemies of Israel are not going to be in any way deterred by Netanyahu’s stark warnings. On the other hand, they would be only further provoked into taking on Israel by conventional or unconventional military means and seek its destruction.

The recent aborted mid-air hijacking of a Flydubai flight, consisting mainly of Israeli passengers, by an Omani extremist drives home the point. Israel’s enemies are bound to redouble their efforts to annihilate Israel rather than be deterred by the latter’s warnings about standing firm against them. This too history has proved.

It would be in the fitness of things at this juncture to pay a tribute to the professionalism, courage and humanity of the relevant airline pilot, Captain Machchhar, whose timely action proved decisive in botching the hijack attempt. His intervention averted what could very well have been another 9/11 type tragedy. History is not going to forget his daring and resourcefulness.

Meanwhile, the ground realities in West Asia are undergoing further complications that portend increasing regional instability. For example at the time of writing Turkiye, Pakistan and Saudi Arabia have agreed under the recently established ‘Mecca Alliance for Defence’ to deploy ‘deterrence measures’ collectively in the event of any member of the alliance coming under military strikes from a non-member state.

The agreement is modeled on the NATO collective defence pact and should help in defusing any threat perceptions experienced by the alliance members in the short term. However, the group would need to be cognizant of the major and potentially divisive role Iran could play in the interstate politics of the Middle East region going forward.

Iran’s reported support, for example, for Yemen’s Houthi rebels, who are engaged in attacking Saudi national assets, could at some point in time compel the alliance, under the terms of the pact, to initiate deterrent military measures against Iran.

The implications for regional peace from such a turn of events hardly require elaboration. A full blown regional war emerges as a distinct possibility if Iran sees itself as being excessively antagonized by the alliance. A further complication is that antagonistic sectarian identities of an Islamic kind could come to play hugely divisive roles in it. Shiite Islamic states would be inclined to back Iran while those countries seen as Sunni Islamic in orientation are bound to support Saudi Arabia.

Accordingly, West Asia is a region rife with manifold aggravated insecurities. If the latter are not defused dexterously they could escalate into a conflict of extra regional dimensions. The latter development would render the world a collective loser.

Unfortunately, no constructive help could be expected from the US at this juncture by way of working towards regional and international peace even of short durance. Its war against Iran has only aggravated the world’s current insecurities.

For example, the world has been compelled to face the possibility of compounded economic woes as a consequence of the Hormuz crisis remaining unresolved. The world is currently experiencing what could be seen as a ‘winter of economic discontent’ of unprecedented proportions.

Unfortunately, the international community is to all intents and purposes helpless in the face of this multifaceted crisis. Substantial intervention is expected of the UN but since it has failed to reform itself over the years it is compelled to stand idly by while the world’s insecurities heighten and multiply.

Yet, it is the seemingly paralyzed UN system that has some potential to contain the current tide of international disorder to even a small measure. Given the persisting divergent and conflicting interests among the world’s principal power blocs, the G7 and BRICS for instance, it is mainly the UN and its principal agencies that could carry some credibility as peace brokers and mediators.

However, as an initial step towards bringing the principal protagonists to the negotiating table the UN would need to convince the principal powers of the UN Security Council of the need for a substantive broad-basing of the membership of the Council so as to reflect more accurately the current global political and economic realities. Such reforms would render the Council more representative and help in strengthening its credibility and effectiveness.

The above reforms call for years of dynamism, hard work and resourcefulness on the part of the international community, read the UN. Yet the aims are not impossible to achieve if strong leadership is brought to bear by the UN.

Meanwhile, the UN agencies and allied organizations need to pay stepped-up attention to the West Asian theatre and its wasting conflicts and wars. Here too there is immense hard work to be put in.

There is, for instance, identity politics and its issues that need to be managed urgently. While internal political matters of countries could not be addressed directly by UN agencies, awareness-raising programs and projects could be energetically carried out by them to blunt the appeal of identity-based slogans, relating to, for instance, religion and race.

Besides, values at the heart of democratic politics need to be freshly and enthusiastically propagated. Vast reserves of energy and resources are needed, to be sure, to consistently champion and implement these crucial projects but they need to be pursued single-mindedly if even a dent is to be made in the current runaway global disorder.

The aborted hijacking of the Flydubai flight pointed to the dehumanizing impact of identity politics on the human consciousness. It was also an indication that those sections endowed with humanity cannot stand idly by while identity politics continues to destroy civilizational values. The time to act is ‘now’.

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Future of Sri Lanka’s state university system: Should it be shut down and reopened?

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by Professor Ranjith Bandara
Emeritus Professor of Economics, University of Colombo

My life has been closely connected with Sri Lanka’s state university system for more than four decades. Its doors opened to me first as a student and later as an academic. The system gave me knowledge, opportunities and a life. Therefore, when I speak about its future, I do so not as an outsider, but as someone who owes much to it and genuinely wishes to see it become better.

Over the years, our university system has expanded significantly. New institutions, faculties, degree programmes and opportunities for students have been created. For 2024, the government expected to admit 43,204 students to national universities. By the time the relevant report was prepared, 42,282 students had been admitted through the general admission process, which had not yet been completed. This is an achievement that should not be dismissed.

However, expanding the system does not necessarily mean that its quality has improved. The real question is not simply how many students we have allowed through the doors, but what kind of education they receive after entering. (Source: Ministry of Education Annual Performance Report 2024.)

We often proudly declare that “our university is number one.” Yet a university does not become number one through publicity. Its true standing depends on the quality of its teaching, the strength of its research and the contribution it makes to society. A vice-chancellor writing about the institution’s, or his or her own, achievements on Facebook does not improve the quality of a university. What matters is good teaching, an education that encourages students to think, credible research and new knowledge that benefits society. A reputation must be earned through meaningful work, not through self-promotion.

The fundamental purpose of a university is clear: to create knowledge, to teach it and to train students to examine and understand it critically. To fulfil this purpose, academics need freedom, responsibility and time. Students must be free to ask questions, disagree and develop their own views based on evidence. Without such an environment, a university may award degrees, but it cannot fulfil the true purpose of university education.

The most serious danger I see is the growing tendency for political activity to take precedence over the academic mission of universities. Over the past five decades, this problem has gradually become more serious. In some universities today, it has become difficult even to hold or express an opinion that differs from the dominant political view.

Members of a university community have every right to hold political views and express them peacefully. A university should not be a place inhabited by silent people. However, when political loyalties, power blocs and struggles for positions become more important than research, teaching and learning, the university moves away from its true purpose. When the political camp to which an academic belongs matters more than the value of that academic’s ideas, the respect that should belong to knowledge is transferred to power.

These criticisms are not ideas I have borrowed from books. They are based on experiences from my own professional life. One such experience was the manner in which I had to leave the university nearly twenty years ago. In my view, the improper exercise of political power within the administration of the University of Colombo at that time, and the strong desire to retain that power, had a serious effect on my professional life. Although this was a personal experience, I mention it with regret because it reveals a deeper institutional problem.

The lesson I learned from that experience is not merely about one person or one incident. When there are no strong institutional safeguards to ensure that power is exercised fairly and individuals are protected, even an academic may be forced to leave an institution he deeply loves.

To those who criticise my later decision to enter national politics, my answer is this: when the university’s institutional system failed to provide me with fairness and professional protection in the face of the injustice I experienced, I had to choose another path through which I could use my knowledge and experience in the service of the country.

This does not mean that all vice-chancellors, academics or students behave in the same way. I personally know many people who, despite difficult circumstances, have taught with dedication, undertaken meaningful research and transformed the lives of their students. Scholars such as Professor W. D. Lakshman, Professor Arjuna Aluwihare and Professor Lakshman Jayatilake may be recognised among the distinguished vice-chancellors in the history of Sri Lanka’s university system. Their service deserves our respect and appreciation.

Nevertheless, the presence of a few good and committed individuals cannot, by itself, strengthen a weak institutional system. We must also create an institutional environment in which such people can work independently, fairly and effectively.

First, university leaders must be selected through a process based on clearly defined qualifications, transparent evaluation and accountability. Once a vice-chancellor has been appointed, his or her performance should be assessed according to the support provided for research, the quality of teaching, student welfare, the institution’s financial discipline and the fairness of its decisions. Personal loyalties and publicity skills cannot replace these measures of performance.

Second, academics must be given the time and space required to carry out their core responsibilities. It is meaningless to demand “world-class universities” without providing adequate time, facilities and reasonable funding for research. Teaching, too, should not be treated merely as delivering lectures. Students must be trained to reason, write, investigate and apply their knowledge to real-world problems. The quality of a degree programme should be measured not by its title, but by the capabilities of the graduates it produces.

Third, universities must establish an honest connection with the needs of the country. The problems confronting our economy, schools, healthcare system, agriculture, environment and wider society are all legitimate subjects for research. Seeking answers to these problems does not diminish the dignity of a university; it increases its value to society.

At the same time, research must not be controlled by short-term political demands. Knowledge can serve the country only when researchers are free to communicate what they discover. Sri Lanka’s World Bank-supported AHEAD higher education programme similarly connected the expansion of enrolment in priority disciplines with improving the quality of degree programmes and promoting research and innovation. These goals were linked because meaningful expansion cannot be separated from educational quality. (Source: World Bank overview of the AHEAD programme.

Fourth, the responsibilities of students must be clearly emphasised. The duty to protect the academic environment of a university cannot be placed solely on administrators and academics. Every student has a fundamental responsibility to give priority to his or her education, respect the right of other students to learn and allow the free exchange of ideas.

Student activities, social debate and political engagement all have an important place in university life. However, none of them should be allowed to disrupt education or prevent other students from learning.

When students abandon their primary purpose of learning and create an environment that obstructs education, the university system cannot fulfil one of its most important functions: producing knowledgeable and responsible graduates. A university may continue to award degree certificates, but if lectures, research, open discussion and intellectual inquiry do not receive sufficient attention, it risks producing graduates who lack depth of knowledge, critical thinking and professional competence.

The result may be the emergence of a group of “half-educated” graduates, individuals who possess certificates but have not received a complete intellectual education. Therefore, just as we discuss student rights, we must also have an honest and open discussion about student responsibilities within the university system.

My position on the current professional struggle of university academics is also clear. If they are demanding fair conditions of employment, those demands should be discussed seriously. If their struggle is also intended to free universities from political interference and restore research, teaching and learning to the centre of university life, I stand with them.

The rights of academics and the educational rights of students should not be presented as opposing interests. Both can be protected and respected only within a well-functioning university.

When I say that “the state university system should be shut down and reopened,” I do not mean that we should close the door on the future of our students. I mean that we must close the door on systems in which power matters more than knowledge.

Students have the right to hold political views and participate actively in debates on national issues. A university needs a student community that thinks about the country’s problems and speaks out against injustice. However, student politics should not shut down the university, deprive other students of their education or become a means of displaying organisational power. The right to fight for one’s beliefs comes with the responsibility to respect another person’s right to an education.

Simply attempting to establish another 50 universities will not solve these problems. Sri Lanka needs a higher education system that brings together the contributions of state, state-affiliated and private institutions while applying clear standards and responsibilities to all of them.

Strict discipline within such a system should not mean suppressing freedom of thought. It should mean ensuring that everyone fulfils their responsibilities in relation to teaching, research, examinations, institutional governance and student welfare. A degree certificate will then have value not merely because of the name of the institution that issued it, but because the knowledge and capabilities of the person who earned it can be trusted.

We should learn from advanced higher education systems, but we should not simply copy them. We must develop institutional autonomy, reliable quality-assurance mechanisms and publicly accountable governance in ways that suit our own needs. What we owe future generations is not merely a country with a larger number of universities, but a country in which people can trust the education those universities provide.

What we must close down, therefore, is not the universities themselves, but the outdated system that closes the door on knowledge, freedom and responsibility. What we must reopen is a genuine university system devoted to learning, inquiry, research and the creation of new knowledge in the service of the country.

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The Sri Lankan who made Scottish history

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From beauty pageants and medical science to challenging British immigration policy and making political history in Scotland, yes, that’s Sri Lankan Deena Tissera, born into privilege, in Chilaw, but exposed to poverty and the realities of war.

Now, after 15 years in British politics, she tells Ivan Alvis why she is no longer interested in fitting anyone else’s image of a leader.

She was educated at The British school in Colombo and her father was a doctor-entrepreneur-philanthropist, and mother a former beauty queen and movie star.

She studied Medical Science, moved into Global Health and began a PhD in Public Health, competed in Miss Sri Lanka for Miss World, and, in 2022, made history as the first woman of colour elected to Aberdeen City Council; the first politician of Sri Lankan descent elected in Scotland.

The moment that set it all in motion came during the worst period of her life. Her father had died. She was 24 and missed her university examinations to attend his funeral.

“My father’s greatest wish for me was that I completed my education. However, I was being told that my education would be delayed because I had missed examinations to attend his funeral.”

She refused to accept it. She challenged the university, protested, went before its board and represented herself — and won.

“I went from fighting for myself to realising there were thousands of students who sometimes needed somebody to fight with them.”

She was elected Students’ Union Vice President. Soon her campaigning grew larger. As an international student she had experienced Britain’s immigration system, first-hand, and helped build a UK-wide movement, campaigning for international student rights, and contributing to campaigns that helped achieve changes to immigration rules.

“That taught me one of the most important lessons of my life. Politics isn’t about having a title. Politics is understanding where power sits, organising the people who don’t have it and knowing how to make the people who do have it, listen.”

Deena: Beauty pageant
contestant

The instinct to challenge inequality began earlier. Though born to privilege, her father took her into communities affected by the war through his philanthropic work.

“I grew up with opportunities, but I was surrounded by poverty. That contradiction affected me enormously. My father taught me that privilege isn’t something you should feel guilty about. But you should understand the responsibility that comes with it.”

If her father gave her a sense of service, her mother gave her confidence. Inspired by her, Deena took to modelling … and the Miss Sri Lanka pageant.

“People sometimes expect serious women to edit the glamorous parts out of their history. I can, and have been in a beauty pageant, and still understand economic policy.”

Her academic background continues to shape her politics: “Medical science teaches you evidence. Global health teaches you systems. Public health teaches you that someone’s health can be determined by poverty, housing, education and employment long before they reach a hospital.”

While at the University of Aberdeen she joined Labour Students, later becoming Vice-Chair of her Constituency Labour Party. What followed was more than a decade of door-knocking, organising, strategising, winning and losing.

The overnight success took 15 years. In 2022 she won Hilton, Woodside and Stockethill in Aberdeen.

The historic label came with a complicated reality. She remembers entering rooms with qualifications, campaign experience and leadership credentials — and still sensing she was not the person others imagined as leader.

“There have been tables where I have looked around and known I may be the most accomplished person sitting there, but I wasn’t necessarily the person people saw as the leader. And that’s because I didn’t fit the look.”

Her answer was to work harder — another qualification, another campaign. Then she realised the flaw in that strategy.

“If you wait for everybody else to decide you’re good enough, you can spend your entire life auditioning for a position you’re already qualified to occupy. I owned my identity and started leading with the confidence of my competence.”

At 39, successful and unmarried, she speaks with unusual candour. “Being unmarried is a marital status. It isn’t a performance review.”

Her message to young Sri Lankan and migrant women is direct: “Do not shrink your ambition to make yourself easier for somebody else to digest.”

Her blog series ‘Taboo Tuesdays’ — with titles like “Politics Is a Blood Sport – And We Pretend It Isn’t” — examines ambition, envy, ego and power from inside the room.

Since her election, she has led on anti-poverty and inequality, served as Labour’s Energy Spokesperson for Aberdeen covering net zero, environment and transport, and served as Chief Whip of the Labour group.

She was adviser to former Prime Minister Gordon Brown on his Our Scottish Future commission, took part in the Jo Cox Women in Leadership programme, and served as Scottish executive representative for the northeast, Highlands and Islands at her party’s top table.

Recognition has followed — 35 Under 35 Scotland’s rising political stars, Exceptional Achiever of the Year, Politician of the Year nomination, and Outstanding Woman in Governance and Public Policy by Women in Management UK.

As Energy Spokesperson for Aberdeen, one of Europe’s key energy cities, she sits at the centre of Britain’s energy debate. She supports transition but warns: “A just transition cannot mean asking one community to carry the economic cost of everybody else’s environmental ambition.”

Ask her if she wants more power and her answer is simple: “Yes. I am ambitious. But power without purpose is just status.”

Perhaps her most personal answer is about representation: “The first Sri Lankan elected in Scotland means something to me because it means the next Sri Lankan isn’t the first.

“I didn’t have to become less Sri Lankan to become Scottish. I didn’t have to become less feminine to become politically serious. And I didn’t have to look like somebody else’s idea of leadership before I was allowed to lead.”

In conclusion, Deena Tissera had this to say: “There was a time when I wanted to prove I deserved a seat at the table. Now I walk in knowing I do.”

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