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The # 1 Sri Lankan Hotel Company in 2023

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CONFESSIONS OF A GLOBAL GYPSY

Dr. Chandana (Chandi) Jayawardena DPhil
President – Chandi J. Associates Inc. Consulting, Canada
Founder & Administrator – Global Hospitality Forum
chandij@sympatico.ca

Acknowledgement

I thank Mr. Gemunu Goonewardena, Chairman of the Tourist Hotels Classification Committee from 2018 to 2022, and Non-Executive Director of the Board of Aitken Spence Hotel Holding PLC, for his assistance to me in collecting current data.

Hotels Rooms in Sri Lanka in 2023

All types of accommodation are available in Sri Lanka for tourism, including hotels classified by the Sri Lanka Tourism Development Authority (SLTDA), unclassified accommodation, bungalows etc. The total capacity is now over 48,000 rooms in 3,657 units. This is including the upcoming 2023 opening of the largest hotel in Sri Lanka – the 800-room Cinnamon Life Colombo. With that, the total number of classified hotels (one to five star) rooms in Sri Lanka will soon reach 15,642 in 160 hotels.

In 2023, five hotel companies operated over half of the room stock in Sri Lanka, which are within their 56 (generally, larger) hotels as indicated in the table below. The other half of the rooms are within the balance 104 (generally, smaller) hotels. A small number of rooms in bungalows managed by a few of these companies were not considered for this calculation.

All three top Sri Lankan hotel companies – Cinnamon, Heritance and Jetwing entered the hotel industry around the same period, 50 years ago. With the opening of Life in 2023, in terms of total room capacity, the Cinnamon brand of John Keells Group will surpass Heritance and associated brands (including 500-room RIU partnership) of Aitken Spence Group.

With a successful operation of 10 hotels in three other countries (The Maldives, India and Oman) Aitken Spence Group will continue to compete aggressively in terms of the total number of hotels and rooms operated by a Sri Lankan company. Their main achievements include opening the first five-star resort hotel in Sri Lanka in 1982 – Triton and a decade later opening multi-award-winning, iconic hotel – Kandalama. The company with the largest number of hotels in Sri Lanka – Jetwing operates a chain of 20 hotels with different and interesting themes. The rest of this article focuses on the # 1 Sri Lankan Hotel company — Cinnamon.

Cinnamon Hotel Brand in 2023

Over the last five decades, John Keells Group operated their hotel management company under different names. In 1970s as Walkers Tours Hotels, in 1980s as Hotel Management & Marketing Services Limited, and in 1990s as John Keells Hotels. In the year 2005, they rebranded their hotel chain as Cinnamon. In 2023, Cinnamon is the largest hotel company in Sri Lanka. They also have four hotels in the Maldives.

With the opening of their 16th hotel – Cinnamon Life, the hotel company will have a room stock of 3,288 in Sri Lanka and The Maldives. Both in terms of the quality of the hotels and the quantity of the room stock, Cinnamon is arguably the greatest hotel company in Sri Lanka, today.

Cinnamon Hotel’s most ambitious project – Cinnamon Life Colombo is the first integrated resort in Sri Lanka and the largest private investment in the country. Sri Lankan-British architect, Cecil Balmond designed the resort while Hyundai Engineering & Construction is the main contractor. The construction of the resort began nine years ago. This 47-floor complex, includes 800 five-star hotel rooms, a retail and entertainment complex, large conference venues, a 30-storey office tower and two separate residential towers with 427 luxury apartments. Cinnamon Life Complex promises vibrant, innovative, futuristic and unique elements. It is expected to be an icon that will redefine Colombo’s skyline.

My Connections with Walkers Tours/John Keells from 1973 to 1993

By early 1970s, Walkers Tours & Travels Limited (later rebranded Walkers Tours) became the leading tour operator in Ceylon. It was founded in 1969. Soon, they represented two of the largest European tour operators, from West Germany and Denmark, who were actively promoting tourism in Sri Lanka.

A young lawyer, Sriyantha (Simon) Senaratne was appointed as the Managing Director of Walkers Tours in 1971. When Walkers Tours was acquired by John Keells Group of companies in 1972, he continued in that position for seven more years. As a part of the vision of the Managing Director, Walkers Tours entered the hotel industry in 1973 with a unique project in a remote area — Habarana, and soon became the leader in hotel management in Sri Lanka.

Prior to my departure from Sri Lanka to pursue my global career in early 1994, for the first two decades of this iconic hotel company, I was connected with them in various capacities. My direct and indirect roles with them included serving tourist groups and representatives of Walkers Tours as a waiter, barman, cook, trainee chef, executive chef, food & beverage manager, hotel manager, operations manager of the corporate office of the hotel company, and finally as the general manager of their two largest hotels in the 1980s. In later years, while working for other companies in Sri Lanka such as Le Galadari Meridien and Mount Lavinia Hotel, my teams depended largely on tourist traffic from Walkers Tours.

I am most thankful to Walkers Tours/John Keells Group for giving me valuable opportunities. They allowed me to experience at a young age, various senior operational positions and leadership tasks during the early years of my career in the hotel industry. My direct and indirect connections with this largest group of companies in Sri Lanka over a period of 20 years, can be summarized as:

1973 – Bentota Beach Hotel

First, I was associated with operational people and tour guides attached to Walkers Tours in 1973 while working as a trainee waiter, barman and cook on one of my Ceylon Hotel School (CHS) internships. It was at what was then the best resort hotel in Sri Lanka – Bentota Beach Hotel. Soon after my graduation from CHS in 1974 I was recruited by Bentota Beach as the Trainee Executive Chef. In that role for a year, I associated with more Walkers Tours groups and Resident Managers and Tour Managers.

Bentota Beach was a popular meeting place for many young hoteliers from over a dozen of new hotels in Bentota and Beruwala. In 1975 at a hotelier’s party, I met Jayantha Silva who had been recruited to manage the first hotel to be operated by Walkers Tours – Hotel Swanee.

1975 – Coral Gardens Hotel

After a year, I was transferred with the promotion of Executive Chef (and Assistant Manager) of the sister hotel of Bentota Beach Hotel – Coral Gardens. There, I took my relationships with Walkers tour leaders to a new level. On most days, we catered for an additional 150 to 200 tourists who visited Coral Gardens Hotel only for lunch during their island-wide round trip with Walkers Tours. In consultation with the tour leaders, I planned standard, three-course lunch menus that could be prepared and served quickly, after their glass-bottom boat excursions to see beautiful coral gardens, Hikkaduwa was famous for.

I met an innovative and ambitious, young hotelier — Bobby Adams for the first time in 1975, two weeks prior to his departure from Coral Gardens, when I succeeded him. Bobby who was the Assistant Manager of Coral Gardens Hotel was joining Walkers Tours to open The Village, Habarana – the first hotel to be built by Walkers Tours. Just before Bobby opened The Village in 1976 as its Manager, Bobby called me from Habarana, “Chandi, why don’t you join me as the Executive Chef at The Village?” he asked. However, at that point, I did not accept his offer. A few years later, I worked for Bobby twice. When I married in 1980, he was my best-man. When I was 27, I became his deputy at John Keells. Bobby was the first Director – Operations for hotels at their corporate office.

1977 – One Week Tour with Walkers Tours

In the summer of 1977, Walkers Tours decided to organize a one-week-long coach tour around Sri Lanka for representatives from all hotels in Sri Lanka providing rooms to their clients. As the Assistant Manager and Executive Chef, I represented Coral Gardens Hotel in this tour. It turned out to be a fun-filled, thank you tour. It was a great, public relations initiative by Walkers Tours with their hotel industry partners.

Most members of the top team of Walkers Tours joined this trip. They included Sri Lankan travel trade legends such as Norman Impett and Nevil Arnolda. They were both Directors of Walkers Tours. I also got to be better acquainted with prominent, younger members of Walkers Tours family, such as Bobby Jordan and Jansi Ponniah, who joined the trip. They both were very friendly, efficient, dynamic and well-connected with the hotel industry.

The highlight of the tour was spending a couple of days at their then flagship hotel – The Village, Habarana. By then, Walkers Tours had a number of hotel management agreements, was managing Hotel Swanee, and was taking over the management of Hotel Ceysands. They were in the early stages of planning a hotel in Kandy which was called Kandy Walkinn (which years later opened as Hotel Citadel). My friend Bobby Adams was very happy to see me again. Both of us sat at the ‘Don Martin’s bar at The Village and had a long chat over a couple of drinks. Bobby was very convincing. “Chandi, you must join Walkers Tours, now!” he insisted.

1977 – Hotel Ceysands

The day after the one-week coach tour with Walkers Tours, Captain D. A Wickramasinghe (Captain Wicks, who later became my father-in-law), the new General Manager of Hotel Ceysands called and met with me. He explained that Walkers Tours had taken over the Hotel Ceysands management from the owners — Ceylinco Group. After a pause, Captain Wicks said, “Chandana, we are expecting 100% occupancy from the first of November, 1977 for six months. We need a good professional like you to join us at least by the first of October, to organize the kitchen, restaurant and bars within a month.”

Soon after that, I joined Walkers Tours as the Food & Beverage Manager and Executive Chef of Hotel Ceysands. At that time, I met Walkers Tours Managing Director – Sriyantha (Simon) Senaratna, and the Finance Director – Priya Edirisinghe, who handled the hotel expansion projects.

1979 – Swanee

Hotel Swanee wasn’t a well-planned, developed hotel. However, when Walkers Tours took over the hotel in 1975, they wisely invested in major upgrades for the hotel. They hired respected professionals such as Bevis Bawa, to upgrade and maintain the landscaping.

As the first hotel to be managed by Walkers Tours/John Keells, it was also an important learning journey for the group. In 1979 at the age of 25, I was proud to be promoted to be the Manager of Hotel Swanee. John Keells Group Chairman, Mark Bostock was very fond of me and arranged my first overseas training in his country (England) with Trust House Forte.

1980 – An Offer from a new Rival Company

I was surprised when Somaratne Silva invited me to his house in Colombo to discuss the Manger job offer for me to open Sigiriya Village, which was expected to be the main competitor for The Village Habarana. He was such an interesting man.

He talked about his training in the Netherlands, his work experience in hotels there, his recommending Bobby Adams for The Village and his positive observations about my work at Hotel Ceysands and Hotel Swanee. I nearly accepted that job, but eventually decided to continue with John Keells.

1980 – Ambalangoda Rest House

By 1980, Walkers Tours/John Keells was expanding its hospitality business by acquiring some smaller properties with management contracts. The group opened their second hotel in Beruwala — Hotel Bayroo, on a management contract, in the midst of various obstacles created by the village thugs. In addition to managing Hotel Swanee, I was asked to take over the Ambalangoda Rest House, to reorganize and improve its standards and to manage it.

1981 – Hotel Management & Marketing Services Limited

At the beginning of 1981, I was promoted again and was transferred to the John Keells corporate office in Colombo. I was the second in command of Walkers Tours/John Keells’ hotel company — Hotel Management & Marketing Services Limited (HMMS), as the deputy to Bobby Adams.

1981 – Temple Trees

Mainly owing to a personal relationship Bobby Adams had with then Prime Minister, R. Premadasa, the group commenced managing the Prime Minister’s official residence — Temple Trees. I released one of the departmental managers from Hotel Swanee — Fazal Izzadeen to become the Manager of Temple Trees.

1981 – Ceylinco Hotel

In Colombo, we had negotiated to take over the management of Ceylinco Hotel. “Chandi, I would like you to take over the management of Ceylinco Hotel and re-organize it”, Bobby informed me. He knew that I had a personal friendship with the Ceylinco Group Chairman, Lalith Kotalawala, which was useful in taking over Ceylinco Hotel.

1981 – Representing Walkers Tours as the Group Executive Chef in Hong Kong

In the midst of my busy schedule with HMMS, Bobby Adams entrusted me, on short notice, with a special assignment in Hong Kong. He wanted me to quickly plan and organize a large Sri Lankan and Maldivian food festival at the Hotel Furama InterContinental, Hong Kong. It was an important, two-week tourism promotional festival, in partnership with a number of organizations. They were represented by well-known leaders of the tourist industry, such as M. Y. M. Thahir of Walkers Tours, Pani Seneviratne of Ceylon Tourist Board, and Ahamed Didi of Universal Resorts, The Maldives.

1985 – The Village & The Lodge

Soon after my return from England in 1985, upon completing my graduate studies in International Hotel Management, I re-joined John Keells Group. I was appointed as the General Manager of their largest two hotels – The Village and The Lodge. I reported to Bobby Adams, and also worked closely on rates and financial aspects with Vivendra Lintotawela, who later became the Chairman of John Keells Holdings. On a day when all 260 rooms in both hotels were occupied, my management team in Habarana led providing hospitality and meals to 1,000 people — 520 guests, 120 tourist drivers and 360 employees.

In The Village, Somaratna Silva had cleverly created a rustic resort with an open concept with individual rooms appearing like small houses in a remote village. In The Lodge, two young Architects — Pheroze Choksy and Ismeth Rahim — continued the open concept, but with more sophistication. The end result was simply a masterpiece of architecture in two sister hotels, blending beautifully with nature, and the seamless delivery of world class hospitality.

John Keells/Walkers Tours, had created two iconic resorts, which were simply a delight for any hotelier to operate. I was fortunate to get that opportunity.

1985 – Habarana Farm

In addition to managing the two resorts in Habarana, I managed a large farm with the assistance of a qualified farm manager who reported to me. The farm cultivated vegetables and fruits to supply both resorts and used kitchen food waste to feed around 35 pigs raised on the farm.

1986 – Keels Food Product Distribution Operation

One day the Managing Director of Walkers Tours, Ken Balendra (later, the first Sri Lankan to be appointed as the Chairman of John Keells Holdings) called me and asked, “Chandana, don’t you have unused cold room facilities at The Lodge?” When I confirmed that we did, he assigned me some additional duties. “Look Chandana, we are commencing a new company – Keells Food Products, initially with mainly meat products. Our vision is to eventually make it the largest such company in Sri Lanka. We would like you to set up the food distribution network for Keells Food Products in the North Central Province.” I immediately hired a Food Distribution Coordinator, bought a large refrigerated van and commenced food distribution.

1986-1989 and 1990-1993

During my three years as the Director of Food & Beverage of the 500-room five-star Le Galadari Meridien Hotel in Colombo from 1986 to 1989, I realized the influence Walkers Tours had with most of the hotels in Sri Lanka. My colleague, Chandra Mohotti, the Director of Room Division of the hotel treated anyone from Walkers Tours as royalty, as their group business was valuable.

During my three years as the General Manager of Mount Lavinia Hotel from 1990 to 1993 we depended heavily on group bookings from Walkers Tours. I enjoyed working with them very closely, especially during the tour group contract negotiations held in Berlin, Milan and London during major travel trade events (ITB, BIT and WTM). After work we all socialized until the early hours in the morning. Those were memorable days.

I left Sri Lanka permanently in early 1994 to focus on my global career. Therefore, I had no direct connections with Walkers Tours/John Keells for nearly 30 years. However, during those three decades, when I visited Sri Lanka over 35 times as a tourist, as a guest of a few of their hotels, I continued to be impressed with the visionary developments, ambitious takeovers, innovative expansions and creative re-branding of the hotel business of Walkers Tours/John Keells.

Many board members and professional hoteliers have contributed to this remarkable journey, having many unprecedented successes. In spite of various macro level challenges such as the 26-year civil war from 1983 to 2009, Walkers Tours/John Keells hotels managed to survive and progress.

How Did Everything Start in 1973?

At the end of the day, it is still important to understand the humble beginnings of this hotel company and appreciate the pioneers who commenced that amazing journey… Continuing next week, with a question-and-answer format with the visionary leader who steered Walkers Tours to enter the hotel industry 50 years ago.



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Features

Independence of the judiciary, democratic governance, and dismantling of the executive presidency:

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NPP manifesto promises to abolish 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)

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Coercive laws recipe for future misrule

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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.

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Quality assurance without quality enhancement: The irony of university QA

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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.

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