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Taking ADR Forward in Sri Lanka

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Dinara, Kaif, and Binithi at Lex Inifintum 2024

By Uditha Devapriya

If recent Justice Ministry reports are anything to go by, over a million cases are pending in Sri Lanka. The country’s judge to population ratio, 18 to one million, is low by international standards, while prison overcrowding and backlogs at Labour Tribunals and specialist courts have heightened public distrust with the courts.

These have opened a can of worms, and they have been felt particularly in trade and commercial agreements, for which Sri Lanka has gained an unsavoury reputation. Out of step with the times, our courts system is hence in dire need of repair.

What can be done, though, and should be done? In a rare show of consensus, lawyers, academics, civil society, and government officials including Ministers have advocated for the restructuring of the court system. This does not include just increasing the cadre of judges in the country or establishing new courts, though both have been recommended and enforced. It also includes alternative dispute resolution (ADR), including mediation.

Last year’s Commercial Mediation Centre of Sri Lanka Act, which provides the basis for a Commercial Mediation Centre, and this year’s Recognition and Enforcement of International Settlement Agreements Resulting from Mediation Bill, which will enforce international commercial agreements reached through mediation, underlies the government’s efforts at promoting ADR and reducing the pileup of cases in our courts.

Why the sudden interest? Because on every front, ADR makes sense. It helps the courts focus on important cases and clear backlogs. It expedites the resolution of cases. It is less expensive, less time consuming. Therefore, it is more effective.

Lacking the adversarial character of conventional trials, ADR prioritises the interests and the motivations, rather than the preferred outcomes, of both parties. Moreover, ADR as it is practised the world over has been influenced by some of the most influential studies on dispute resolution. These include the Harvard Negotiation Method, popularised by law professor and conflict resolution guru Roger Fisher. First tried and tested in the US, these negotiation frameworks have been used in various settings, including the 1979 Egypt–Israel Peace Treaty, and they have been remarkably successful.

Sri Lanka is not a newcomer to ADR, but the country has been slow to respond. That has mostly been due to institutional apathy: law firms do have ADR specialists, yet they occupy a small niche. At undergraduate and school level, moreover, trials are seen as little more than debates, where the goal is to win over the other party no matter what.

For better or worse, that is what motivates students to study and practice law. Yet at the same time, there are undergraduates who want to go beyond arguing and winning cases, who want to specialise in resolving disputes, who want to become “the guy they come to when the diplomats and the lawmakers start screwing things up.”

Kaif Sally likes to do things differently. So do Dinara Abeywickrema and Binithi Perera. From February 5 to 10 they will be in Paris, representing Sri Lanka at the International Chamber of Commerce (ICC) International Commercial Mediation Competition, where, as the official website puts it, 40 student teams and over a hundred experts will “collectively undergo 100 mock mediation and negotiation simulations.”

It seems a tough task, but it underlies the seriousness of what Kaif, Dinara, and Binithi are doing. The three of them first met at KDU years ago. They wanted to do something new. They had passed through school, having taken part in as many clubs and societies as they could. At first, university life seemed no different. “In school you wade through one power relationship after another, you have to bargain, to constantly assert yourself,” Kaif recalled. “For us, law school, and law in general, meant the same thing.”

That all changed last year. In March, Kaif and a first year KDU student, Rajindh Gooneratne, became champions in the Negotiating Category at the National Mediation Competition. The previous month they had completed a National Commercial Mediation Training Programme, conducted by international experts, including the formidable Pascal Comvalius.

At the time Kaif was interning under President’s Counsel Harsha Fernando, who specialises in negotiations and is attached to Sea-Change Partners Singapore, providing a number of specialist services to businesses, governments, and international organisations, inclusive of the development sector. Working with Fernando, Kaif immersed and absorbed himself in the niceties of trade agreements, attending a number of negotiations.

One day, during a casual conversation, Fernando threw something at Kaif.

“Why aren’t you guys looking at mediation? We are going to pass a Mediation Act this year. This will be the next big thing for Sri Lanka.”

These developments spurred Kaif and Rajindh to introduce mediation to KDU. Following the Mediation Competition, the two of them organised a workshop for students preparing for the International Investor-State Mediation Competition (IIMH), which focused on finalising trade and investment deals between State entities and private companies.

Dinara Abeywickrema and Binithi Perera, two of the students who competed at the IIMH, did very well there, being nominated for the Distinction in Relationship Building Award. At the same time they emerged as semi-finalists at another reputed tournament, the ALSINC International Negotiation Competition. These two victories won them, as well as Kaif and Rajindh, recognition from international experts, including Dinara’s and Binithi’s coach Rishika Pandey. They also opened them up to other possibilities.

By this point, the four of them felt confident enough to represent Sri Lanka abroad. For that, though, they felt they needed institutional recognition. Yet after discussing the matter with the Moot Court Bench, they realised they had to start from scratch. As often happens in Sri Lanka, they discovered too many critics, too many cynics. If they wanted to compete abroad and establish themselves, they would have to rely on themselves.

“We put in a lot of effort and put up with 20-hour weeks on top of our course work. It was practice, practice, practice, running from one workshop session to another, and emerging triumphant. After all that, when you find out you have been dropped and rejected, you would come close to giving it up. I almost did.”

Yet Dinara and Binithi threw their weight behind him and Rajindh, and made it clear that though they lacked support, they were good enough to go ahead. This encouraged Kaif to apply the team independently, as KDU students. By a miracle, they got in.

Almost immediately, and in preparation for the tournament, Kaif’s team was assigned a formidable coaching and mentoring team. Among them was Pascal Comvalius, who was by then interacting with Kaif, Rajindh, Dinara, and Binithi.

On January 18, 19, and 20, 2024, Kaif, Dinara, and Binithi participated at the ninth Lex Infinitum Championship in Goa, India. Organised by the V. M. Salgaocar College of Law, Lex Infinitum is seen as Asia’s instalment of the ICC, with teams that have applied for and been selected for the latter using it as a training ground.

Kaif and his team did more than that, of course. Putting in their best efforts, they not only emerged runners-up, coming second to the National University of Singapore. They also defeated the representatives of last year’s ICC Tournament World Champion, the National Academy of Legal and Social Academic Research (NALSAR), Hyderabad.

This was, not to put too fine a point, a big deal. Returning to Sri Lanka a week ago, they were feted, applauded, celebrated. Yet soon after they threw themselves into preparing for the big event. From February 5 to 10, they will be in Paris, shuttling from one engagement to another at the ICC Tournament. “It has been a revelation for us,” the three of them told me. “But there is a lot more we need to pick up on, finetune, perfect.”

Kaif emphasised the broader implications of what they are doing.

“Sri Lanka has racked up an unfortunately bad reputation for trade deals and agreements. This is because we always go with the aim of striking a bargain. That is how countries like China and Thailand always outstep us. Mediation teaches you to focus on the interests of the other party. It is only when you focus on what they want, that you can achieve a consensus and compromise. That has helped us with our personal relationships as well.”

Dinara and Binithi interjected.

“At mediation tournaments, you get two briefs. The first is titled general information, and it outlines your situation in a particular case. The second is titled confidential information, and it contains information about what the other party really wants. The trick is to manoeuvre the negotiations in such a way that the other party doesn’t know that you know about its interests, yet is encouraged to see your point of view. This is something traditional mooting often misses, because they are based on power play.”

Sri Lanka is still at a crossroads. Recovery is imminent, but we are hardly done with the crisis we entered three or four years ago. Against such a backdrop, it makes sense to explore alternative ways of negotiating agreements, including trade deals, to signal at investors and bilateral partners that we are ready for business.

“I want to be a climate and trade negotiator,” Kaif told me as we wrapped up our interview. “Ideally, the guy who everyone goes to and consults when all other political and diplomatic options have been exhausted.” Both Dinara and Binithi share his enthusiasm.

Ultimately, it is this enthusiasm which will take Sri Lanka beyond the attitudes that have dominated it, and sapped it of its potential, for so long. In that sense, Paris 2024 will be crucial, not just for Kaif’s team, but also, pertinently, for Sri Lanka.

Uditha Devapriya is a writer, researcher, and analyst based in Sri Lanka who contributes to a number of publications on topics such as history, art and culture, politics, and foreign policy. He can be reached at .



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US-CHINA RIVALRY: Maintaining Sri Lanka’s autonomy

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During a discussion at the Regional Center for Strategic Studies (RCSS) in Sri Lanka on 9 December, Dr. Neil DeVotta, Professor at Wake Forest University, North Carolina, USA commented on the “gravity of a geopolitical contest that has already reshaped global politics and will continue to mould the future. For Sri Lanka – positioned at the heart of the Indian Ocean, economically fragile, and diplomatically exposed- his analysis was neither distant nor abstract. It was a warning of the world taking shape around us” (Ceylon Today, December 14, 2025).

Sri Lanka is known for ignoring warnings as it did with the recent cyclone or security lapses in the past that resulted in terrorist attacks. Professor De Votta’s warning too would most likely be ignored considering the unshakable adherence to Non-Alignment held by past and present experts who have walked the halls of the Foreign Ministry, notwithstanding the global reshaping taking place around us almost daily. In contrast, Professor DeVotta “argued that nonalignment is largely a historical notion. Few countries today are truly non-aligned. Most States claiming neutrality are in practice economically or militarily dependent on one of the great powers. Sri Lanka provides a clear example while it pursues the rhetoric of non-alignment, its reliance on Chinese investments for infrastructure projects has effectively been aligned to Beijing. Non-alignment today is more about perceptions than reality. He stressed that smaller nations must carefully manage perceptions while negotiating real strategic dependencies to maintain flexibility in an increasingly polarised world.” (Ibid).

The latest twist to non-alignment is Balancing. Advocates of such policies are under the delusion that the parties who are being “Balanced” are not perceptive enough to realise that what is going on in reality is that they are being used. Furthermore, if as Professor DeVotta says, it is “more about perception than reality”, would not Balancing strain friendly relationships by its hypocrisy? Instead, the hope for a country like Sri Lanka whose significance of its Strategic Location outweighs its size and uniqueness, is to demonstrate by its acts and deeds that Sri Lanka is perceived globally as being Neutral without partiality to any major powers if it is to maintain its autonomy and ensure its security.

DECLARATION OF NEUTRALITY AS A POLICY

Neutrality as a Foreign Policy was first publicly announced by President Gotabaya Rajapaksa during his acceptance speech in the holy city of Anuradhapura and later during his inauguration of the 8th Parliament on January 3, 2020. Since then Sri Lanka’s Political Establishment has accepted Neutrality as its Foreign Policy judging from statements made by former President Ranil Wickremesinghe, Prime Minister Dinesh Gunawardena and Foreign Ministers up to the present when President Dissanayake declared during his maiden speech at the UN General Assembly and captured by the Head Line of Daily Mirror of October 1, 2025: “AKD’s neutral, not nonaligned, stance at UNGA”

The front page of the Daily FT (Oct.9, 2024) carries a report titled “Sri Lanka reaffirms neutral diplomacy” The report states: “The Cabinet Spokesman and Foreign Minister Vijitha Herath yesterday assured that Sri Lanka maintains balanced diplomatic relations with all countries, reaffirming its policy of friends of all and enemy of none”. Quoting the Foreign Minister, the report states: “There is no favouritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba, or Vietnam. We have no bias in our approach, he said…”

NEUTRALITY in OPERATION

“Those who are unaware of the full scope and dynamics of the Foreign Policy of Neutrality perceive it as being too weak and lacking in substance to serve the interests of Sri Lanka. In contrast, those who are ardent advocates of Non-Alignment do not realize that its concepts are a collection of principles formulated and adopted only by a group of like-minded States to meet perceived challenges in the context of a bi-polar world. In the absence of such a world order the principles formulated have lost their relevance” (https://island.lk/relevance-of-a neutral-foreign-policy).

“On the other hand, ICRC Publication on Neutrality is recognized Internationally “The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977 (June 2022)” (Ibid).

“A few Key issues addressed in this Publication are: “THE PRINCIPLE OF INVOILABILITY of a Neutral State and THE DUTIES OF NEUTRAL STATES.

“In the process of reaffirming the concept of Neutrality, Foreign Minister Vijitha Herath stated that the Policy of Neutrality would operate in practice in the following manner: “There is no favoritism. We do not consider any country to be special. Whether it is big or small, Sri Lanka maintains diplomatic relations with all countries – China, India, the US, Russia, Cuba or Vietnam. We have no bias in our approach” (The Daily FT, Oct, 9, 2024).

“Essential features of Neutrality, such as inviolability of territory and to be free of the hegemony of power blocks were conveyed by former Foreign Minister Ali Sabry at a forum in Singapore when he stated: “We have always been clear that we are not interested in being an ally of any of these camps. We will be an independent country and work with everyone, but there are conditions. Our land and sea will not be used to threaten anyone else’s security concerns. We will not allow military bases to be built here. We will not be a pawn in their game. We do not want geopolitical games playing out in our neighbourhood, and affecting us. We are very interested in de-escalating tensions. What we could do is have strategic autonomy, negotiate with everyone as sovereign equals, strategically use completion to our advantage” (the daily morning, July 17, 2024)

In addition to the concepts and expectations of a Neutral State cited above, “the Principle of Inviolability of territory and formal position taken by a State as an integral part of ‘Principles and Duties of a Neutral State’ which is not participating in an armed conflict or which does not want to become involved” enabled Sri Lanka not to get involved in the recent Military exchanges between India and Pakistan.

However, there is a strong possibility for the US–China Rivalry to manifest itself engulfing India as well regarding resources in Sri Lanka’s Exclusive Economic Zone. While China has already made attempts to conduct research activities in and around Sri Lanka, objections raised by India have caused Sri Lanka to adopt measures to curtail Chinese activities presumably for the present. The report that the US and India are interested in conducting hydrographic surveys is bound to revive Chinese interests. In the light of such developments it is best that Sri Lanka conveys well in advance that its Policy of Neutrality requires Sri Lanka to prevent Exploration or Exploitation within its Exclusive Economic Zone under the principle of the Inviolability of territory by any country.

Another sphere where Sri Lanka’s Policy of Neutrality would be compromised is associated with Infrastructure Development. Such developments are invariably associated with unsolicited offers such as the reported $3.5 Billion offer for a 200,000 Barrels a day Refinery at Hambantota. Such a Project would fortify its presence at Hambantota as part of its Belt and Road Initiative. Such offers if entertained would prompt other Global Powers to submit similar proposals for other locations. Permitting such developments on grounds of “Balancing” would encourage rivalry and seriously threaten Sri Lanka’s independence to exercise its autonomy over its national interests.

What Sri Lanka should explore instead, is to adopt a fresh approach to develop the Infrastructure it needs. This is to first identify the Infrastructure projects it needs, then formulate its broad scope and then call for Expressions of Interest globally and Finance it with Part of the Remittances that Sri Lanka receives annually from its own citizens. In fact, considering the unabated debt that Sri Lanka is in, it is time that Sri Lanka sets up a Development Fund specifically to implement Infrastructure Projects by syphoning part of the Foreign Remittances it receives annually from its citizens . Such an approach means that it would enable Sri Lanka to exercise its autonomy free of debt.

CONCLUSION

The adherents of Non-Alignment as Sri Lanka’s Foreign Policy would not have been pleased to hear Dr. DeVotta argue that “non-alignment is largely a historical notion” during his presentation at the Regional Center for Strategic Studies in Colombo. What is encouraging though is that, despite such “historical notions”, the political establishment, starting with President Gotabaya Rajapaksa and other Presidents, Prime Ministers and Ministers of Foreign Affairs extending up to President AKD at the UNGA and Foreign Affairs Minister, Vijitha Herath, have accepted and endorsed neutrality as its foreign policy. However, this lack of congruence between the experts, some of whom are associated with Government institutions, and the Political Establishment, is detrimental to Sri Lanka’s interests.

If as Professor DeVotta warns, the future Global Order would be fashioned by US – China Rivalry, Sri Lanka has to prepare itself if it is not to become a victim of this escalating Rivalry. Since this Rivalry would engulf India a well when it comes to Sri Lanka’s Exclusive Economic Zone (EEC), Sri Lanka should declare well in advance that no Exploration or Exploitation would be permitted within its EEC on the principle of inviolability of territory under provisions of Neutrality and the UN adoption of the Indian Ocean as a Zone of Peace.

As a measure of preparedness serious consideration should be given to the recommendation cited above which is to set up a development fund by allocating part of the annual dollar remittances to finance Sri Lanka’s development without depending on foreign direct investments, export-driven strategies or the need to be flexible to negotiate dependencies; A strategy that is in keeping with Sri Lanka’s civilisational values of self-reliance. Judging from the unprecedented devastation recently experienced by Sri Lanka due to lack of preparedness and unheeded warnings, the lesson for the political establishment is to rely on the wisdom and relevance of Self-Reliance to equip Sri Lanka to face the consequences of the US–China rivalry.

by Neville Ladduwahetty ✍️

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1132nd RO Water purification plant opened at Mahinda MV, Kauduluwewa

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Sponsors (senior management from M/S Perera and Sons), Principal and SLN officials at Opening of RO Plant

A project sponsored by Perera and Sons (P&S) Company and built by Sri Lanka Navy

Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan

When the 1132nd RO plant built by the Navy with funds generously provided by M/S Perera and Sons, Sri Lanka’s iconic, century-old bakery and food service chain, established in 1902, known for its network of outlets, numbering 235, in Sri Lanka. This company, established in 1902 by Philanthropist K. A. Charles Perera, well known for their efforts to help the needy and humble people. Helping people gain access to drinking water is a project launched with the help of this esteemed company.

The opening of an RO plant

The Chronic Kidney Disease (CKD) started spreading like a wildfire mainly in North Central, North Western and Eastern provinces. Medical experts are of the view that the main cause of the disease is the use of unsafe water for drinking and cooking. The map shows how the CKD is spreading in Sri Lanka.

School where 1132nd RO plants established by SLN

In 2015, when I was the Commander of the Navy, with our Research and Development Unit of SLN led by a brilliant Marine Engineer who with his expertise and innovative skills brought LTTE Sea Tigers Wing to their knees. The famous remote-controlled explosive-laden Arrow boats to fight LTTE SEA TIGER SUCIDE BOATS menace was his innovation!). Then Captain MCP Dissanayake (2015), came up with the idea of manufacturing low- cost Reverse Osmosis Water Purification Plants. The SLN Research and development team manufactured those plants at a cost of one-tenth of an imported plant.

The writer with his PSO’s daughter

Gaurawa Sasthrawedi Panditha Venerable Devahuwe Wimaladhamma TheroP/Saraswathi Devi Primary School, Ashokarama Maha Viharaya, Navanagara, Medirigiriya

The Navy established FIRST such plant at Kadawatha-Rambawa in Madawachiya Divisional Secretariat area, where the CKD patients were the highest. The Plant was opened on 09 December 2015, on the 65th Anniversary of SLN. It was an extremely proud achievement by SLN

Areas where the RO plants are located

First, the plants were sponsored by officers and sailors of the Sri Lanka Navy, from a Social Responsibility Fund established, with officers and sailors contributing Rs 30 each from their salaries every month. This money Rs 30 X 50,000 Naval personnel provided us sufficient funds to build one plant every month.

Observing great work done by SLN, then President Maithripala Sirisena established a Presidential Task Force on eradicating CKD and funding was no issue to the SLN. We developed a factory line at our R and D unit at Welisara and established RO plants at double-quick time. Various companies/ organisations and individuals also funded the project. Project has been on for the last ten years under six Navy Commanders after me, namely Admiral Travis Sinniah, Admiral Sirimevan Ranasinghe, Admiral Piyal de Silva, Admiral Nishantha Ulugetenna, Admiral Priyantha Perera and present Navy Commander Vice Admiral Kanchana Banagoda.

Each plant is capable of producing up to 10,000 litres of clean drinking water a day. This means a staggering 11.32 million litres of clean drinking water every day!

The map indicates the locations of these 1132 plants.

Well done, Navy!

On the occasion of its 75th Anniversary celebrations, which fell on 09 December 2025, the Navy received the biggest honour. Venerable Thero (Venerable Dewahuwe Wimalarathana Thero, Principal of Saraswathi Devi Primary Pirivena in Medirigiriya) who delivered the sermons during opening of 1132nd RO plant, said, “Ten years ago, out of 100 funerals I attended; more than 80 were of those who died of CKD! Today, thanks to the RO plants established by the Navy, including one at my temple also, hardly any death happens in our village due to CKD! Could there be a greater honour?

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Poltergeist of Universities Act

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The Universities Act is back in the news – this time with the present government’s attempt to reform it through a proposed amendment (November 2025) presented by the Minister of Education, Higher Education and Vocational Education, Harini Amarasuriya, who herself is a former academic and trade unionist. The first reading of the proposed amendment has already taken place with little debate and without much attention either from the public or the university community. By all counts, the parliament and powers across political divisions seem nonchalant about the relative silence in which this amendment is making its way through the process, indicative of how low higher education has fallen among its stakeholders.

The Universities Act No. 16 of 1978 under which Sri Lankan universities are managed has generated debate, though not always loud, ever since its empowerment. Increasing politicisation of decision making in and about universities due to the deterioration of the conduct of the University Grants Commission (UGC) has been a central concern of those within the university system and without. This politicisation has been particularly acute in recent decades either as a direct result of some of the provisions in the Universities Act or the problematic interpretation of these. There has never been any doubt that the Act needs serious reform – if not a complete overhaul – to make universities more open, reflective, and productive spaces while also becoming the conscience of the nation rather than timid wastelands typified by the state of some universities and some programs.

But given the Minister’s background in what is often called progressive politics in Sri Lanka, why are many colleagues in the university system, including her own former colleagues and friends, so agitated by the present proposed amendment? The anxiety expressed by academics stem from two sources. The first concern is the presentation of the proposed amendment to parliament with no prior consultative process with academics or representative bodies on its content, and the possible urgency with which it will get pushed through parliament (if a second reading takes place as per the regular procedure) in the midst of a national crisis. The second is the content itself.

Appointment of Deans

Let me take the second point first. When it comes to the selection of deans, the existing Act states that a dean will be selected from among a faculty’s own who are heads of department. The provision was crafted this way based on the logic that a serving head of department would have administrative experience and connections that would help run a faculty in an efficient manner. Irrespective of how this worked in practice, the idea behind has merit.

By contrast, the proposed amendment suggests that a dean will be elected by the faculty from among its senior professors, professors, associate professors and senior lecturers (Grade I). In other words, a person no longer needs to be a head of department to be considered for election as a dean. While in a sense, this marks a more democratised approach to the selection, it also allows people lacking in experience to be elected by manoeuvring the electoral process within faculties.

In the existing Act, this appointment is made by the vice chancellor once a dean is elected by a given faculty. In the proposed amendment, this responsibility will shift to the university’s governing council. In the existing Act, if a dean is indisposed for a number of reasons, the vice chancellor can appoint an existing head of department to act for the necessary period of time, following on the logic outlined earlier. The new amendment would empower the vice chancellor to appoint another senior professor, professor, associate professor or senior lecturer (Grade I) from the concerned faculty in an acting capacity. Again, this appears to be a positive development.

Appointing Heads of Department

Under the current Act heads of department have been appointed from among professors, associate professors, senior lecturers or lecturers appointed by the Council upon the recommendation of the vice chancellor. The proposed amendment states the head of department should be a senior professor appointed by the Council upon the recommendation of the vice chancellor, and in the absence of a senior professor, other members of the department are to be considered. In the proposed scheme, a head of department can be removed by the Council. According to the existing Act, an acting head of department appointment can be made by the vice chancellor, while the proposed amendment shifts this responsibility to the Council, based upon the recommendation of the vice chancellor.

The amendment further states that no person should be appointed as the head of the same department for more than one term unless all other eligible people have already completed their responsibilities as heads of department. This is actually a positive development given that some individuals have managed to hang on to the head of department post for years, thereby depriving opportunities to other competent colleagues to serve in the post.

Process of amending the Universities Act

The question is, if some of the contents of the proposed amendment are positive developments, as they appear to be, why are academics anxious about its passing in parliament? This brings me to my first point, that is the way in which this amendment is being rushed through by the government. This has been clearly articulated by the Arts Faculty Teachers Association of University of Colombo. In a letter to the Minister of Education dated 9 December 2025, the Association makes two points, which have merit. First, “the bill has been drafted and tabled in Parliament for first reading without a consultative process with academics in state universities, who are this bill’s main stakeholders. We note that while the academic community may agree with its contents, the process is flawed because it is undemocratic and not transparent. There has not been adequate time for deliberation and discussion of details that may make the amendment stronger, especially in the face of the disaster situation of the country.”

Second, “AFTA’s membership also questions the urgency with which the bill is tabled in Parliament, and the subsequent unethical conduct of the UGC in requesting the postponement of dean selections and heads of department appointments in state universities in expectation of the bill’s passing in Parliament.”

These are serious concerns. No one would question the fact that the Universities Act needs to be amended. However, this must necessarily be based on a comprehensive review process. The haste to change only sections pertaining to the selection of deans and heads of department is strange, to say the least, and that too in the midst of dealing with the worst natural calamity the country has faced in living memory. To compound matters, the process also has been fast-tracked thereby compromising on the time made available to academics to make their views be known.

Similarly, the issuing of a letter by the UGC freezing all appointments of deans and heads of department, even though elections and other formalities have been carried out, is a telling instance of the government’s problematic haste and patently undemocratic process. Notably, this action comes from a government whose members, including the Education Minister herself, have stood steadfastly for sensible university reforms, before coming to power. The present process is manoeuvred in such a manner, that the proposed amendment would soon become law in the way the government requires, including all future appointments being made under this new law. Hence, the attempt to halt appointments, which were already in the pipeline, in the interim period.

It is evident that rather than undertake serious university sector reforms, the government is aiming to control universities and thereby their further politicization amenable to the present dispensation. The ostensible democratis0…..ation of the qualified pool of applicants for deanships opens up the possibilities for people lacking experience, but are proximate to the present powers that be, to hold influential positions within the university. The transfer of appointing powers to the Councils indicates the same trend. After all, Councils are partly made up of outsiders to the university, and such individuals, without exception, are political appointees. The likelihood of them adhering to the interests of the government would be very similar to the manner in which some vice chancellors appointed by the President of the country feel obligated to act.

All things considered, particularly the rushed and non-transparent process adopted thus far by the government does not show sincerity towards genuine and much needed university sector reforms. By contrast, it shows a crude intent to control universities at any cost. It is extremely regrettable that the universities in general have not taken a more proactive and principled position towards the content and the process of the proposed amendment. As I have said many times before, whatever ills that have befallen universities so far is the disastrous fallout of compromises of those within made for personal gain and greed, or the abject silence and disinterest of those within. These culprits have abandoned broader institutional development. This appears to be yet another instance of that sad process.

In this context, I have admiration for my former colleagues in the Faculty of Arts at the University of Colombo for having the ethical courage to indicate clearly the fault lines of the proposed amendment and the problems of its process. What they have asked is a postponement of the process giving them time to engage. In this context, it is indeed disappointing to see the needlessly conciliatory tone of the letter to the Education Minister by the Federation of University Teachers Association dated December 5, 2025, which sends the wrong signal.

If this government still believes it is a people’s government, the least it can do is give these academics time to engage with the proposed amendment. After all, many within the academic community helped bring the government to power. If not and if this amendment is rushed through parliament in needless haste, it will create a precedent that signals the way in which the government intends to do business in the future, abusing its parliamentary majority and denting its credibility for good.

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