Features
Sri Lankans can learn from Mandela’s visionary thinking
Excerpts of the Nelson Mandela
memorial lecture delivered by
Premakumara de Silva,
Chair Professor of Sociology, University
of Colombo
on 18 July 2023 at the Tharangani Hall, Sri Lanka Film Co-operation, Colombo. The lecture was organised by The Ministry of Higher Education and High Commission of South Africa, in Colombo.
As we all know, Mr. Nelson Mandela was an antiapartheid activist, politician and philanthropist who became South Africa’s first black President from 1994-1999. He was born in Cape Province, South Africa, on 18th July 1918, day like this. He died at age of 95 on 5th December 2013 in Johannesburg. Nelson Mandela was an extraordinary leader, who fought for the citizen’s rights and was the main influence in removing apartheid, which was practiced as the law of the land in South Africa since 1948. This law not only created a social gap between the Whites and the Blacks in the country but also fuelled the discrimination against the black population.
The policies during his leadership (1994-1999) were mainly aimed at improving the economy while reducing the social inequalities. One such policy is the Reconstruction and Development Programme (RPD). The purpose of this RPD is to overcome the social and economic problems faced by South Africans, such as violence, lack of jobs, of housing, equal access to adequate education, and healthcare. At the time of Apartheid, there was a division of cities where White people were placed in developing cities while Black people were placed in cities that were marginalized and neglected, even their housing was in the form of huts. So South Africa was a structurally unequal society where Black people were visibly marginalized and discriminated on the basis of colour of their skin.
Nelson Mandela joined the African National Congress (ANC), in 1942, the organization that was aiming for the independence of the South African people from apartheid and bringing equal rights for all groups. Mandela was one of the important figures in this movement and played a major role. He has directed peaceful campaigns, challenging violence against the government of South Africa and its racial policies for over 20 years. Nelson Mandela presented several important strategies related to his struggle against apartheid through the ANC under pressure from the South African government at the time. He launched the M-Plan (Plan Mandela). He was also a member of the People’s Charter for Congress and Freedom. The Pan African Congress, PAC, was formed under Robert Sobukwe’s leadership in 1959. The ANC and PAC responded by setting up a military wing in 1961. Nelson Mandela was instrumental in creating the ANC group in what was a radical departure from the ANC policy.
On 30th July 1952, under the Law on the Eradication of Communism, Mandela was arrested and tried in Johannesburg as part of 21 defendants. Convicted of violating this law, their forced labour sentence of nine months was extended to two years. Mandela was banned for a period of six months in December from attending meetings or talking to more than one person. On July 11, 1963, he was arrested again with other leaders. In the trial, Nelson Mandela was charged with more than 200 charges of “sabotage, preparing for guerrilla warfare in SA, and preparing for SA’s armed invasion.” Mandela was one of five (out of 10 defendants) to be sentenced to a life sentence and was sent to Robben Island.
Strong protests against Mandela’s arrest were increasingly voiced to the government through the ANC’s continuing movements. The world also supported the liberation movement of Mandela, including the UN. The UN obviously set out to fight Apartheid on 1 January 1976. Resolution 554 (UN 2014) was also issued on 17 August 1984. At that time, various violent protests were directed at the government of South Africa. Nelson Mandela’s 70th Birthday Tribute at Wembley Stadium was made on June 11, 1988. The concert, broadcast to 67 countries with over 600 million audiences, was one of the protests against Nelson Mandela’s imprisonment by the South African government.
Nelson Mandela was finally released from Victor Verster Prison on 11th February 1990. ANC and Nelson Mandela’s struggle was not in vain. South Africa finally succeeded in holding a democratic presidential election on October 3rd, 1994, without any racial differentiation of rights. Nelson Mandela’s inauguration as the first black President of the country on May 10th, 1994, at the age of 77, with Willem de Klerk being the first Deputy, was one of the ANC’s goals in carrying out resistance to Apartheid politics. Mandela worked to bring the transition from minority rule and most Black Apartheid rules, from 1994 to June 1999.
During the Mandela era, ANC’s strength was its ability to portray itself as a more racially inclusive alternative to South Africa’s racially segregated colonial and Apartheid ruling parties. Mandela did not respond to narrow African nationalism. His outlook for African nationalism was far more inclusive than those of many leaders in today’s Africa.
South African National Reconciliation
Let me say something about his national reconciliation project. As Sri Lankans we certainly can learn a lesson from his visionary thinking. On many occasions after being elected President, Mandela made more speeches about the beginning of the struggle to make improvements in various fields of life in South Africa based on democracy and respect for equal rights between Whites and Blacks, and other racial groups in South Africa. New challenges for South Africa can be described as “Crafting representative social institutions of deep-seated ethnic rivalries and economic inequalities.” Establishment of institutions representing various parties and obtaining public trust in societies divided by economic, ethnic and social rivalries that ran very deep was a very heavy homework for transitional government. It shows how complex the problems faced by the new South African regime. Mandela’s main concern after being elected President was to create a new pattern of relations that was more harmonious among various different races and ethnicities in South Africa. In the transition period 1990-1994, Mandela and de Klerk played an important role in preventing the occurrence of wider conflicts and violence. It was described that Mandela and de Klerk shared the same essential character of leadership, namely the willingness to change South African political legitimacy based on Proportional Representation, one thing that had never existed in previous South African political history. De Klerk and Mandela began the process of negotiation and power sharing which made the process of political transition in South Africa peaceful and a model that should be learned by other countries particularly by a country like ours.
Efforts to create a more harmonious and conducive relationship for the development of South Africa in the future began with reconciliation of various cases of State violence that occurred during South Africa still shackled in Apartheid politics. The term “reconciliation” itself became very popular in discussing conflict studies precisely because of what various parties and actors in South Africa had tried. The South African phenomenon seems to be a kind of textbook for the development of the concept of post conflict reconciliation because it is considered successful in developing methods to build more stable relationships between previously conflicting actors, more durable peace and strong legitimacy for post-conflict policies. But efforts to see the phenomenon of reconciliation in South Africa are not based solely on optimistic voices.
Concerns also emerged regarding efforts to eliminate Apartheid in South Africa. Apartheid as a systematic state policy based on the differentiation of treatment of the State based on race or skin colour may be easier to erase or replace, but as an ideology that has been practiced for years and based on patterns of racial relations that have been built for centuries, it was not an easy task. Apartheid is a complex problem. So those who tend to be pessimistic are not arguing about the problem of the possibility of the elimination of Apartheid but more of the continuous processes needed to carry out the overall elimination of the existence of Apartheid at the State level as a policy, or at the social level as values that shape individual behaviour in context of social interaction.
The initial stage of the South African reconciliation process began with the establishment of the Truth and Reconciliation Commission (TRC). This institution was formed after Mandela received and listened to proposals from various groups, especially civil society organizations in South Africa. Through the public selection process, commissioners were chosen to lead the institution. The commission was led by the South African archbishop, Rev. Desmond Tutu, a respected black Christian figure. TRC is based on several thoughts as follows:
A non-Racial Ideology of Reconciliation:
The view that South African reconciliation was based on efforts to abolish the racial identity created by Apartheid
An Inter-communal Ideology of Reconciliation:
Reconciliation is seen as an attempt to bridge community groups divided by Apartheid by creating a shared understanding of democratic values on both sides of the community or society.
A Religious and Human Rights Ideology of Reconciliation
: Reconciliation is a strengthening of religious and humanitarian values to apologize and use Apartheid’s past as an important lesson so that it does not happen again in the future.
These ideal rationale shows that the important orientation of the reconciliation effort to be carried out by TRC is emphasized on creating harmony for the lives of the people of South Africa to build in the future, not only focusing on the issue of disclosing violence and achieving justice for victims. The view of justice in the context of reconciliation will threaten the perpetrators of violence in the past in the present context. The view that they are guilty parties, solely, will actually hinder the participation of perpetrators of violence in the process of reconciliation, to those who are disadvantaged (Blacks) but also relates to those who benefit from the Apartheid system. This goal is far broader than just dealing with the problems of violence that occur, but also related to efforts to form new foundations for the people of South Africa.
Let me wind up my brief intervention here by saying something that relates to our country. Nelson Mandela is no more, but his legacy would hopefully inspire people, particularly the young, for some generations to come all over the world, including Sri Lanka. His book “A Long March to Freedom” must be a text book for every Sri Lankan. The story of his life, his determination to struggle for justice, his vision for a reconciled society or nation, and, most importantly, his exceptional human quality to see the others to be worthy of forgiveness are crucially important historical lessons for all communities in Sri Lanka in achieving a better future for their apprehension.
In a sense, South Africa’s conflict was much more complicated than Sri Lanka’s one. It was mainly a racial conflict between the indigenous ‘Blacks’ and the migrant ‘Whites,’ underpinned by vast economic and class differences. Racial prejudices are naturally much deeper and difficult to reconcile, although equally superficial. There are no racial differences between the Sinhalese, the Tamils and the Muslims. They all come, more or less, from the same ‘racial’ stock, if you want to claim so. The economic differences are much less, except in the case of the plantation Tamils.
This is not to undermine the feelings of discrimination by minorities in Sri Lanka often equated to ‘Apartheid,’ but to get a correct comparative picture of the two situations. Perhaps Sri Lanka is much more complicated at least in one major aspect with majority sanctions for discrimination, naturally difficult to unravel. Mandela said “people are undoubtedly at fault, but the systems are more at fault than the people. We all are victims of systems.” He appreciated Willem de Klerk’s goodwill, and if not for that goodwill or pragmatism he wouldn’t have been able to achieve what he expected. Mandela realized that freedom in South Africa could have been long delayed perhaps even after his death. Mandela had a deep sense of justice not as ‘revenge’ but as ‘correcting the wrong’ and ‘empowering the victims’ through truth and appropriate compensation.
The South African transition or reconciliation was primarily an internal process and as a result it was healthy and sustainable. This is the primary lesson that Sri Lanka should learn. It was a learning process to the people to do away with prejudices, animosity and hatred. There are five summary lessons that perhaps Sri Lanka should try to emulate.
After a transition, and in this case, the end of the war in Sri Lanka, reconciliation should take priority. Economy is undoubtedly a supportive factor for reconciliation but not a primary mover.
Reconciliation is foremost a political matter for the leaders to resolve and for the people to support. It is best that the leaders of all sides should take the lead without waiting for another disaster of the kind. The primary responsibility, however, being on the part of the leaders of the majority community, as Nelson Mandela himself embodied.
Talk directly, as Nelson Mandela did with Willem de Klerk without neglecting all the stakeholders or their leaders. Justice is primary. Justice, however, does not mean revenge, but correcting the wrongs and empowering all the victims through truth and appropriate compensation.
Never resort to violence or intimidation, never again. This is the primary lesson of Mr. Nelson Mandela.
Features
Independence of the judiciary, democratic governance, and dismantling of the executive presidency:
the basis for drafting a new constitution
By Savitri Goonesekere
( This is an edited version of the transcript of a talk given at a public seminar titled ‘Why should we rally for a new people’s constitution?’, held at the National Library Auditorium on 11 September 2026 and organised by the Young Lawyers’ Association. )
Today there is so much confusion: what is Constitutionalism? What is a Constitution? Why do we need a Constitution? We must recognise that, it has been civil society, including professionals in this country, who have always articulated a voice on issues of public concern. If you remember the time of COVID, we had the medical professionals articulating a voice because this was a matter of public concern. So, the Bar Association, too, has expressed views on public concerns. We have with us this evening, President’s Counsel Mr. M. A. Sumanthiran, and Mr. Geoffrey Alagaratnam, and we will have President’s Counsel Mr. Saliya Pieris, who will join us later.
They and many other leading lawyers have always led from the front. And in that regard, in the case of the legal profession, inevitably there are areas of public concern that necessarily mean that they have to call the government to account. When that happens, the Bar Association is required to question government’s action or inaction including their policies
Now, in the past, I don’t think it was as bad as today, because today we have such adversarial, confrontational politics that if by any chance—and an unlucky chance—the Opposition’s stand on a matter happens to coincide with that of professionals, then there’s a delegitimisation of the professionals. That is wrong because professionals must have the courage to speak for their profession, even when they question the government. Constitutionalism and Constitution-making, to be functional, must have bipartisan consensus. When that is not there, even professionals who articulate a voice are seen as either anti-government, against government, or worse, lackeys of the government.
I think citizens should be aware of these realities, and therefore reflect on what it means to have a Constitution. What is a Constitution? A Constitution is, after all, the basic law of a country which will regulate the governance system. And to regulate a governance system, you have to have a framework for governance. The framework for governance also then will have to have institutions of governance. That would be what you call the system of governance. Now, those institutions of governance also have to be embedded and linked with some values, and a values framework.
In the 20th and 21st centuries, we have basically two forms or frameworks of governance. One is Democracy. The other is what we call centralised power with perhaps a single leader. That kind of governance does not focus in the way that Democracy does on the Sovereignty of the people, the rights and liberties of citizens of the country. Therefore, we need to understand in Constitution-making where we stand. Is it going to be for Democracy or is it going to be for another form of government? And I say this because today we’re constantly talking of the Democratic deficit, the failures of Democracy. Contrasted with that are countries which have strong leadership, single leadership, supposed to propel our counties into economic growth and a wonderful future.
In that context, therefore, we need to ask ourselves: what is the value in Democracy? Now Democracy, we must understand, was born of an evolutionary framework developed from a time when there was single leadership by a king, a monarch. Democracy didn’t come overnight. It had to dismantle monarchy and single leadership, and that’s what it did. Historically we know that basic ideas on Democracy as a form of governance can be traced to the Greek civilisation and time of what we call the Western Enlightenment. It was the Western Enlightenment that brought together these ideas of the Sovereignty of the People, a social contract between government and the People who are governed, and the central importance of the People of a country. That is Democracy. That did not come overnight. It took centuries. It took ideologies. It took thought. It required struggle born also of blood and tears.
Today we dismiss Democracy and this history and say, “Oh, it is elitist liberalism.” But we must not forget that Democracy was born as an evolution from monarchy and single leadership, replacing this with the concept of government that respected the rights of the Sovereign people. The central importance of the Sovereign Peoples rights to be protected from abuse of state power is the foundation of democracy as a form of governance. The European countries and the UK engaged with that system of governance.
By 1948, when the UN Charter and the International instruments were drafted, there were two different approaches to governance. One was the Western tradition born of their experience evolving from monarchy to People’s rights and People’s sovereignty that focused on civil liberties: freedom from torture, freedom of speech, freedom of expression, freedom to protest—those are civil liberties. But the weakness was that there was no recognition of social and economic rights as the rights of the people: that was absent in that tradition.
On the other hand, there were member states from the Communist countries, which had the centralized, authoritarian system of governance. They did not recognise civil liberties, but focused on meeting all their people’s social and economic needs as rights: health, education, shelter.
In 1948, we must remember that there were therefore two major international treaties or covenants: one, a Covenant on Civil and Political rights, and another one on Economic and Social rights. That was the Cold War period. But then subsequently through the years, there were changes. In the 1990s, there was the flowering of the human rights tradition. Member states of the UN came together at the Vienna World Conference in 1993, which then recognized that ALL these rights should be human rights of peoples across the globe
So, the Western liberal civil liberties tradition, linked with that of the countries of the Global South like Malaysia, China, and Russia—which recognized and gave importance to social and economic rights. And then a consensus developed that ALL these rights are important; they are “indivisible.” We witnessed this in the 1990s, and the early years of this millennium in the development of many international Conventions which declared human rights on the basis of both civil liberties and social and economic rights.
One would have thought that we would achieve a global consensus on the broadening of the meaning of democracy and a movement away from this concept of strong leadership without civil liberties. But we have not had that. In place of that, we have had a decline in multilateralism in the UN system, giving way to bilateralism, once again back to this focus on two systems: Democracy or strong single leadership.
In this global context, let us compare the situation in countries like ours, which experienced decolonization: countries which knew the impact of colonialism. What happened in those countries? These civil liberties, the legacy of the colonial powers, were used in freedom struggles. They were used to dismantle colonialism. That is why the idea that this liberal tradition of civil rights is a colonial white man’s sudda-law should be challenged. Because this is not so. These countries of South Asia and Africa internalised the values of Democracy, the systems of governance known as Democracy, and built for their nations Constitutions which recognized the importance of civil liberties and control of state power And you see this in India, you see this in Nepal, you see this in Sri Lanka: we had the same concepts of the importance of civil liberties in Constitutionalism. But we focussed on civil liberties. Social and economic rights in the Vienna Convention were considered only as social policies, following the Western tradition on people’s rights.
And what is the meaning of Constitutionalism? The Sovereign people have given their consent to the rulers to rule subject to protection of THEIR rights. And that means that Constitutionalism must prevent the abuse of State and Government power. . Today sometimes we talk of authoritarian Constitutionalism, we talk of abusive Constitutionalism. That’s a contradiction. If Constitutionalism is to prevent abuse of state, government power, you can’t have authoritarian constitutionalism or abusive constitutionalism. What you can say is you can abuse of constitution making process to embed an authoritarian system of governance.
So, we must now, therefore, recognise that even today, if we say there’s a Democratic deficit, this system of governance has been used in our countries to give a better quality of life to our people. There have been failures; there are dysfunctional areas, but that does not mean you have to reject something which has been a powerful force for recognising the importance of the citizens of a country.
I think today when we are challenged with all this talk on the deficit of democracy, the importance of single leadership and authoritarian governance to deliver development, we must stay the course and say: “No, for Sri Lanka, from 1948 we have had Democratic governance.” Governments have not delivered in many areas—true—so the challenge is to focus on Constitutionalism in a new Constitution. Priority must be given to help the government to deliver on the gaps that we have, and ensure the well-being of our people. Constitutionalism must be the basis for drafting a new constitution.
I think we have to also challenge this often-repeated statement that we have a “78-year curse” in governance. We have had deficiencies, but we have had Democratic governance. Central to that has been regular elections and the resilience of the People. Also, the contribution of the courts of this country, the lawyers of this country in ensuring that there has been some accountability in governance.
Some of you may not remember, but I have lived through dark times. I have witnessed the horror of the murder of a dear student, a politician whose head was cut off by the JVP—the Deshapremi at that time—and stuck on his gate. He had young children. I have gone with my husband in dark curfew streets to help clear a body for burial, where the first person who opened the poll, a relative, was killed at the General Election the JVP prohibited.
So, we in this country have lived through dark times. But we also have moved from that dark past to a point where those involved in an armed struggle the JVP entered into the democratic political process. They did so in 1994. Having come into that political process, the Democratic process, it is a commitment made to the people. We must hold this government with its JVP partner to deliver on Democracy, and not any other system of governance.
Let us look at our history of Constitutionalism and Constitution making. What is our history? 1948: we had the parliamentary system. We had, particularly in relation to the minorities, decisions of the appeal courts which have been criticised, which did not take into account minority rights. So, there were deficiencies. But we had a written constitution, we had courts, we had public administration and law enforcement systems that functioned. That was the dividend of post-independence freedom and political autonomy in Sri Lanka.
Then in 1972: with a massive mandate, we had a government which again brought in the 1972 “autochthonous” or home grown constitution. But what did it do? In fact, it interpreted the Sovereignty of the People as the Sovereignty of Parliament and parliamentarians. And that made Democracy dysfunctional. There is a recorded history of the abuse of power that took place at the time, including the conflict with the courts.
Now change was promised in 1978 Constitution. The people gave a massive mandate for a Dharmishta anduwa. And then what happened ? Again, we put in place all the democratic institutions as we know them, the system of democracy familiar in the liberal tradition. But a huge gap was the aggrandizement of power in the strong Executive Presidency, which has led to decades of problems in the governance of this country.
The Executive Presidency of 1978 has destabilised what were good public institutions. It has contributed to an ethos where, in institutions, the person who is considered the boss is supposed to lead, and everybody else does not question him/her. That happens in the public sector today in many institutions, and I’m told (and it looks like it does) that sometimes this also happens in the private sector. So, we have developed what you call a boss-man culture which seeps down to society, not just public institutions and governance. The Executive Presidency, therefore, has contributed to the weakening of many public institutions and also, to a large extent, a culture of corruption, and abuse of power.
This decline has been understood, and because it has been understood, since the year 2000 we have been asking for a new Constitution that will eliminate the Executive Presidency. Successive political leaders including the current President and their political parties have pledged in election manifestos to do this. At least the Chandrika Bandaranaike government fulfilled that promise and brought such a constitution in 2000 to abolish the Executive Presidency and strengthen the democratic institutions to achieve accountable governance to the People. Unfortunately, a subsequent and recent executive President and his party tore that Constitution to shreds in Parliament. That was 2000.
(To be continued)
Features
Coercive laws recipe for future misrule
by Jehan Perera
The NPP government is going after powerful figures from the past and present who have engaged in corruption, fraud and criminal activity in a way that no previous government in Sri Lanka has done. Former ministers, politicians and senior state officials are among those facing investigations and legal proceedings. The government has placed before Parliament a document listing 50 cases involving corruption, fraud and other crimes. These include not only financial offences but also cases relating to the Easter Sunday attacks, the killings of Lasantha Wickrematunge and Wasim Thajudeen, the disappearance of Prageeth Ekneligoda and attacks on journalists Keith Noyahr and Upali Tennakoon.
The significance of this effort is that it can demonstrate that nobody is above the law, regardless of political connections or social standing, which will help restore public confidence in institutions that have long been distrusted. It could also recover public resources, improve the investment climate and strengthen the foundations for a more prosperous and just Sri Lanka. When criticised for focusing on the past and not the present, the government position is that these investigations were initiated under earlier governments, particularly between 2015 and 2019, and that it is now allowing investigators to proceed to deal with the backlog without political interference.
But there is an aspect of the government’s approach that is less justifiable. While pursuing past wrongdoing by powerful individuals, it is also advancing a triumvirate of draft laws that could give the state sweeping powers over citizens, organisations and dissent in the present and future. The draft Prevention of Terrorism legislation, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill raise serious questions about the over-centralisation of power. Each of these laws strengthens the powers of the state while weakening the rights and safeguards that protect people from their misuse and thus questions the basic rights of people in democracy where ‘the power of the people is vested in the government’. This is a recipe for future misrule rather than the rule of law. As the well-known saying goes, power corrupts and absolute power corrupts absolutely.
Proposed Laws
The real test of system change, for which the government obtained an overwhelming mandate, requires not only a government willing to hold others accountable, but one prepared to subject itself to the same principles of legality, transparency and restraint. The three proposed laws that are particularly important in this regard are the Protection of the State from Terrorism Bill, the Prevention of Organised Crimes Bill and the NGO Registration and Supervision Bill. Each of these draft laws has been presented as serving a legitimate purpose. Preventing terrorism, combating organised crime and ensuring that NGOs do not facilitate money laundering or terrorist financing are proper responsibilities of the state. Sri Lanka has international obligations in these areas, and no responsible government can disregard them. However, the existence of a legitimate objective does not justify every means adopted to achieve it.
The proposed Protection of the State from Terrorism Bill illustrates the problem. Although its definition of terrorism draws on a model developed by a former United Nations Special Rapporteur, the Human Rights Commission of Sri Lanka has warned that the definition of terrorism extends beyond the model and could bring legitimate political protest, trade union action and civil disobedience within the scope of counter-terrorism legislation. Its concerns also include prolonged detention, inadequate judicial oversight and restrictions on access to legal counsel. These are objections that go to the heart of the relationship between the citizen and the state. The government cannot credibly promise to protect democratic freedoms while creating powers that could be used to restrict them. It is necessary for the government to reassess the draft through transparent consultation and revise provisions that could criminalise legitimate dissent.
The Prevention of Organised Crimes Bill raises similar concerns. It is presented as giving effect to the United Nations Convention against Transnational Organised Crime, which Sri Lanka ratified in 2006. The Centre for Policy Alternatives (CPA) has argued that the convention does not require many of the bill’s provisions. The proposed law extends to a broad range of offences, permits detention orders lasting up to a year, makes confessions to police admissible for purposes of legal evidence, and introduces extensive surveillance powers. A law intended to dismantle criminal networks should not create a parallel system of exceptional powers that could be applied far beyond organised crime. Nor should safeguards developed through years of experience with abuses under the Prevention of Terrorism Act be weakened through legislation bearing a different name. The government should review whether or not existing laws could be used effectively to control these crimes or whether each exceptional power is necessary.
Civil Society
The proposed NGO Registration and Supervision Bill presents another test of the government’s intentions. The government may reasonably seek transparency in the finances of organisations receiving public or foreign funds, including measures to prevent money laundering and terrorist financing. It seeks to justify its overreach on the grounds of meeting the internationally mandated requirements of the Financial Action Task Force (FATF) for the Asia-Pacific region. But these objectives do not justify placing civil society and NGOs under excessive administrative control when even the FATF ranks them as low to medium risks. The draft bill would require registration and renewal, impose extensive obligations on organisations and empower authorities to suspend or deregister them on broadly framed grounds. It is important to redraft provisions that confer excessive discretion over registration, renewal, suspension and deregistration of NGOs.
Among the concerns raised by United Nations human rights special rapporteurs with regard to the draft NGO law are provisions requiring organisations to align with government policies and restrictions that could affect advocacy, dissent and freedom of association. The implications extend well beyond organisations that engage directly with the government. Community groups, human rights organisations, independent researchers and organisations working on reconciliation or accountability could find their activities constrained by uncertainty over how these provisions might be interpreted. Organisations that criticise government policies are not thereby working against the country. Their freedom to do so is part of what distinguishes a democracy from a system in which the government determines which opinions and activities are acceptable.
The government has generated considerable public goodwill through its pursuit of corruption and criminality. It should not assume that this goodwill gives it an unlimited mandate to strengthen the coercive powers of the state. The NPP knows from its own history that governments can treat dissent as a threat and use the machinery of the state against their opponents. There is still time to correct the drafts through transparent public consultation, narrow definitions of offences, meaningful judicial control over detention and surveillance, and effective remedies against arbitrary decisions. A government that pursues corruption while weakening safeguards against state abuse risks undermining its own achievements. Besides bringing to light the abuse of power by previous governments, the NPP government needs to build a system in which no future government can abuse power in the belief they can get away with it.
Features
Quality assurance without quality enhancement: The irony of university QA
By Ramya Kumar
According to the Quality Assurance Council (QAC) of the University Grants Commission (UGC), quality assurance (QA) refers to “the means (i.e. the policies, attitudes, actions, procedures, etc.), by which an institution can guarantee with confidence and certainty, that the standards and quality of its educational provision are being maintained and enhanced”.
An expansive structure has been in place since 2005 to govern and implement QA processes within the state university system. The QAC is the focal point at the UGC that implements external reviews of state universities and institutes. Each university has its own Centre for Quality Assurance (CQA) tasked with performing QA in line with QAC directives. Faculties, in turn, have Internal Quality Assurance Cells (IQAC) performing their own QA; they are answerable to the CQA.
The big question is whether this all-encompassing top-down QA system, that in many ways undermines the internal dynamics of university governance, actually supports universities to enhance the quality of education. This article highlights some concerns.
Top-down check-box activities
The QAC conducts external reviews of universities and degree programmes. A review team appointed by the UGC (who may or may not have experience in the institution/programme in question) examines the self-evaluation report submitted by the said institution/programme. The team then conducts a site visit to verify the claims made in the university’s self-evaluation report, clarify issues identified during the desk review, and examine how QA procedures operate in practice. The team holds meetings with the university administration, members of the Council and Senate, Deans, Heads of Departments, academic and non-academic staff, students, and others. Following the visit, a draft report is submitted to the relevant institution/programme for comment before final publication. The reviewed institution/programme then prepares and publishes an action plan addressing the recommendations, with subsequent monitoring of progress.
There are some worthy QA initiatives under implementation, such as improving facilities for students with disabilities and strengthening mechanisms to address sexual- and gender-based violence. However, for the most part, QA activities have little to do with improving the quality of education. They are mostly preoccupied with monitoring faculty and department websites, digital transformation, student feedback, subject evaluation, course evaluation, peer evaluation, and, more recently, staff appraisal. These activities, which consume an inordinate amount of time—so precious at understaffed universities—have become check-box activities completed to generate evidence for the next review. Below is an excerpt of a conversation between two academics (1 and 2) that conveys how QA plays out at universities (reproduced with permission).
1: … .it’s like social media you know, like posting things on Facebook or twitter or Instagram. When people do a lot of social media, everything they do, they do thinking, “okay I’m going to post it in this way… this I have to put on my Instagram.” QA is a little like that… everything is considered in light of, “ah we can use this for the review, as evidence… for example very recently we were encouraged to have all the things that we do in our department in the faculty newsletter so then they can put in the review. Every little thing has to be noted down….
2: And with pictures and all…
1: At the very least it has to be written so that you have written evidence .. you can’t be doing something for the sake of doing something or because it is good for the department … and sometimes people tell me “oh yea that’s a good idea we can fit that under this x, y section of the review..”
2: Yea, and nobody really thinks about the actual outcome… whether it’s actually helping anyone..
1: I also find that a lot of the words that we used in different ways have now been co-opted to the QA discourse ..including quality.. I can’t actually say what I want as an “outcome”, for example, that the outcome of this workshop is that my students “think about” … then I am told “ah but no that’s not one of the Bloom’s taxonomy words, “think about”.…
2: And the worst part is these medical and agriculture people, these types of people go around spreading it like some kind of gospel!
1: Yea, this cookie cutter way of doing things, they think is the height of innovativeness or creativity, when actually it is so mundane … for me the most awful thing about it is like some fungus of mundanity has taken over through QA reviews.
2: yea, when you say QA, my mind closes off immediately and I stop listening…
Auditing everything but power
QA leaves out crucial aspects of university governance. For instance, there is no review or assessment of the “quality” of university administrations under Criterion 1 or the integrity of procedures governing the promotion of academic staff under Criterion 6 of the institutional reviews.
The majority in the Council—the university’s executive and governing body, which is responsible for selecting the Vice-Chancellor (VC)—are appointed in ad hoc fashion. Apart from the Ex-Officio members in the Council (VC, Deans, etc.), and the two members elected by the Senate, the remainder are appointed by the UGC with no formal consultation or vetting procedure. The VC appointment process described in UGC Circular No. 03/2023 exemplifies how an ostensibly technical process can become entangled in political sycophancy. The Registrar invites applications for the position of VC through advertisement. Applicants must submit a curriculum vitae, a statement of vision for the university and supporting documents. The University Council appoints a three-member Search Committee of senior academics to encourage “eminent persons” to apply, while the UGC appoints a former VC from another university to “observe” the selection process.
A Special Meeting of the University Council is convened. Candidates are interviewed and must make a presentation to the Council Members, followed by questions. Each Council member “gives marks” for seven prescribed criteria: strategic focus (20%), effective leadership (20%), holistic thinking/conceptual skills (10%), academic and research excellence (15%), personal integrity (10%), professional communication (10%) and managerial competence (15%). Marks are averaged, and the Council recommends three candidates to the UGC in rank order. The UGC-appointed observer separately submits a confidential report on the selection process.
This procedure is expected to guarantee quality, but does it? Applications are submitted to the Council Members, who have been appointed on questionable bases, and who are expected to review the applications and give scores, based on objective assessments. But, in reality, most Council Members are manipulated by VC candidates, who often have personal ties with them. The UGC-appointed observer usually has no genuine interest in the outcome. And there is no way for anyone to actually question the Council’s decision once it is made. Although the highest-ranked candidate may ultimately be appointed, the selection remains a political decision made by the President, who retains the discretion to appoint any one of the three.
External reviews also do not look into the promotions of academic staff, except to scrutinise whether there are policies and procedures in place to govern promotion. Academic staff may apply for promotion to Professor once they satisfy the prescribed eligibility requirements, which typically include the period of service, academic qualifications, research and publication achievements, teaching experience, and contributions to the university and wider community. Applications are evaluated against specified criteria, with research output and academic contributions assessed through documentary evidence and expert evaluation. Under the UGC’s scheme for Professors, two experts from outside the applicant’s institution assess specified aspects of research and knowledge dissemination. Again, beneath this technical process, which is externally evaluated, lies a problematic points-based scheme that can be manipulated and abused with impunity.
Rethinking university QA
Like the VC election process and the schemes of promotion for academic staff, QA reviews are open to manipulation. Before a review, there is a chaotic rush to complete evidence gathering and reporting. Academics leave all other work aside, including at times their teaching, to focus on completing documentation and preparing reports. The standardised criteria in the review manuals and scoring sheets often do not reflect differences in disciplines and institutional contexts. But this does not really matter because any serious problems experienced by institutions or programmes are hastily brushed under the carpet to conceal any evidence that could taint the review. The goal is to obtain an A or at least a B grade at whatever cost.
QA may result in positive change if it moves beyond top-down check-box activities towards internally designed and owned processes encompassing all aspects of university governance, led by departments and faculties, and supported by adequate resources. The current QA system needs to be dismantled and replaced by procedures that are accountable, not to the UGC, but to our students and the communities we serve.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna)
. Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
-
Features7 days agoThe Sri Lankan who made Scottish history
-
Sports7 days agoNissanka absence opens door for Sri Lanka’s young guns
-
News6 days agoNDB fraud Rs 60mn more than reported
-
News6 days agoRemoving monk’s robes matter for Sangha to decide: Mahanayake Theras
-
News7 days agoShiranthi R remanded until 13 Oct.
-
News4 days agoSri Lanka escalates anti-graft drive with Shiranthi’s jailing
-
Features7 days agoFuture of Sri Lanka’s state university system: Should it be shut down and reopened?
-
News5 days agoNPP govt. reminded of its responsibilities as US warship leaves Colombo
