Features
THE ANTI-CORRUPTION BILL
Dr Nihal Jayawickrama
The Minister of Justice has published an Anti-Corruption Bill. Drafted in 2018, it is described as a Bill to give effect to the 2003 UN Convention Against Corruption (UNCAC). However, it is not designed to achieve that objective in any manner or form. UNCAC, noting that the illicit acquisition of personal wealth can be particularly damaging to democratic institutions, national economies, and the rule of law, proceeds to set out in five chapters (i) Preventive Measures; (ii) Criminalization and law enforcement; (iii) International Co-operation; (iv) Asset Recovery; and (v) Technical Assistance and Information Exchange. The only reference to UNCAC in the entirety of this Bill is the designation of the Director-General (who shall not be “a convicted criminal” or a “person of unsound mind”) as the competent authority for the purpose of giving effect to UNCAC.
Asset Declarations
The Bill is 50 pages in length and contains 164 sections. The first 78 sections are concerned with the establishment of a new Commission to Investigate Allegations of Corruption. The next 13 sections require hundreds of thousands of individuals to submit Declarations of their Assets, redacted versions of which will then be made accessible to the public through a centralized electronic system. Those required to submit Declarations include even private staff of Pradeshiya Sabha members, and all staff of newspaper and media companies. Also required to do so are executives of trade unions, Army, Navy and Air Force officers, and staff officers of companies. A person submitting a Declaration is required to include the assets and liabilities of “all persons who share the common household”.
The next 68 clauses define the offences, commencing with the offering of a bribe to a Judge of the Supreme Court, and ending with bribery in private sector entities. Perhaps forgetful that section 88 permits the public to access redacted versions of every Declaration placed on the centralized electronic system, section 95 states that any person who accesses the centralized electronic system illegally will be guilty of an offence punishable with a fine of one million rupees and a sentence of eight years rigorous imprisonment.
Corruption
Twenty five years ago, Transparency International, a “not-for-profit organization” incorporated under German law (which I had the opportunity of serving as Executive Director at its international secretariat in Berlin) defined corruption as “the misuse of public power for private profit”. In that sense, the focus is essentially on the behaviour of officials in the public sector, whether politicians or civil servants, whether policymakers or administrators, through which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of the public power entrusted to them. The reasons why they resort to corruption are many and varied. Some may be driven to it by poverty or the inability to match their expenses to their legitimate incomes. For others, the compelling factor is obviously avarice. Whether caused by human need or human greed, corruption has a devastating effect on the governance of a country.
Corruption involving public officials falls broadly into two categories. Conventional bribery or “petty corruption” occurs when an official demands or expects “speed money” or “grease payments” for doing an act which he or she is ordinarily required by law to do (such as processing an application for a licence, issuing an official document, clearing goods through customs, or providing a utility service), or when a bribe is paid to obtain a service which the official is prohibited from providing (such as tax evasion or avoidance of prosecution, or preferential access to state employment, housing, medical care or education).
A national household survey on corruption in a South Asian country revealed that 41% of households paid a “donation” for the admission of children into schools, while 36% made payments to or through hospital staff or other “influential persons” to secure admission into hospitals. Sixty five percent had bribed land registrars for recording a false lower sale price of a land transaction; 33% paid money to obtain electricity connections, while 32% paid less for water “by arrangement with the meter reader”. Forty seven percent were able to reduce the tax assessment on house and property “by arrangement with municipal staff on payment of money”, while 65% found it impossible to obtain trade licenses without money or influence. Sixty three percent of those involved in litigation had paid bribes to either court officials or the opponents’ lawyers, 89% of those surveyed being of the view that judges were corrupt.
“Grand corruption” occurs when a person in a high position who formulates government policy or is able to influence government decision-making, seeks, as a quid quo pro, payment, usually offshore and in foreign currency, for exercising the extensive discretionary powers vested in him or her. Grand corruption plays a significant role in four main categories of supply to government: the purchase of aircraft, ships and military supplies; the purchase of capital goods required for major industrial and agro-industrial projects; major civil engineering contracts, such as in respect of dams, bridges, highways, airports and hospitals; and the on-going purchase of bulk supplies, such as oil, fertilizers and cement, where distribution is through a parastatal company, or where there is a need for standardization, such as repeat orders for pharmaceuticals and school textbooks.
There are several reasons why, in respect of such transactions, an official may be bribed. First, a firm may pay to be included in the list of prequalified bidders. Second, it may pay for inside information. Third, a bribe may induce the official to structure the bidding specifications so that the corrupt firm is the only qualified supplier. Fourth, a firm may pay to be selected as the winning contractor. Fifth, once a firm has been selected as the contractor, it may pay to set inflated prices or to skimp on quality. While the amounts involved in these transactions may range from $100,000 to $100 million, a leading commentator with experience of Asian business dismisses the possibility of a five percent commission being paid to a senior official, a permanent secretary, a minister, or a head of state, as a “laughably low rate”.
The actual scale of corruption and the extent to which it exists in a particular country are difficult to quantify or measure in precise terms. Except for petty corruption, which many individuals may experience during their daily lives, most other forms of corruption are not immediately visible. According to an official of the Asian Development Bank, over a period of 20 years, one East Asian country is estimated to have lost $48 billion due to corruption, surpassing its entire foreign debt of $40.6 billion. An internal report of another Asian government revealed that over a decade, state assets had fallen by more than $50 billion, primarily due to deliberate undervaluing by corrupt officials responsible for a privatization programme. Studies of corruption in government procurement in several Asian countries had revealed that 20 to 100% more had been paid for goods and services.
Any decision motivated by excessive greed is likely to be both irrational and short-sighted. Apart from its direct costs in terms of lost revenue, or the diversion of funds from their intended public use into private bank accounts (it was estimated that as much as $30 billion had been deposited in foreign bank accounts by political leaders from some African countries), the indirect costs of corruption are equally disastrous. Few suppliers will be willing to absorb the costs of corruption by reducing their own margins of profit. Instead, the price is increased, or the quality of the goods or services reduced to accommodate the commission demanded.
Consequently, the ordinary citizen has to contend with sub-standard and over-priced goods and services, while the distortion of the decision-making process results in wrong suppliers or contractors being chosen, and wholly unnecessary or inappropriate purchases being made or projects undertaken. Against a background littered with “white elephants”, in an environment of uncertainty, unpredictability, and declining moral values, respect for constituted authority and, therefore, the legitimacy of government, is steadily but surely eroded.
Legal Instruments
The public expects that holders of public office will possess sufficient integrity to be able to deliver to them the services they are entitled to receive from those who govern them. In the United Kingdom, the Nolan Committee (1995) listed seven principles that the British public thought should apply to all aspects of public life. They are Selflessness, Integrity, Objectivity, Accountability, Openness, Honesty, and Leadership. Legislation incorporating these principles is widely perceived as an essential element in any counter-corruption strategy, at least for the purpose of establishing a value system that would contribute to the creation of an anti-corruption culture in the country. Indeed, UNCAC requires states parties to ensure that Codes of Conduct are established for public officials, members of the judiciary, and the prosecution service.
Eliminating corruption is not simply a matter of enacting laws. When laws do exist, they may not be applied at all or, when they are, they may tend to be directed at “small fry” rather than “big fish”, or selectively at political opponents no longer holding public office. Therefore, the mere criminalization of bribery is inadequate and ineffective. The overall objective of utilizing the law must be to convert corruption from being perceived as a “low risk, high profit” activity into one which is generally regarded as “high risk, low profit”; in other words, to increase the likelihood of corruption being detected and punished, and to reduce the likelihood of an individual being able to profit from his or her corrupt acts, whether as bribe giver or bribe receiver. For this objective to be realized, there must not only be comprehensive anti-corruption legislation, but also independent agencies capable of enforcing such legislation against all who breach it, free of political influence. Both the law and its enforcement must, of course, not infringe the internationally recognized minimum guarantees for the protection of human rights.
To counter systemic corruption, a package of laws may be required, comprising most, if not all, of the following:A law that criminalizes the offering and soliciting, and the giving and accepting, of a bribe. There is no justification for drawing a distinction between “active” and “passive” bribery. The anti-social nature of the act requires that both parties be penalized.
A law that criminalizes the possession of unexplained wealth, described in some jurisdictions as “Illicit Enrichment”. This offence introduces a rebuttable presumption that a person who holds, or has held public office, who is, or has been, maintaining a standard of living, or is in possession of money or property significantly disproportionate to his official emoluments, is presumed to have acquired such money, property or other wealth through corruption.
A law that enables the tracing, seizure, freezing and forfeiture of the illicit earnings from corruption. Such a law should also render a contract induced by corruption both void and unenforceable, and a licence or permit obtained through corruption void; and disqualify from tendering for public contracts any person, whether natural or legal, who has been convicted of corruption.
A law that requires the regular declaration of the assets, income, liabilities and lifestyles of decision-makers and other public officials who hold positions where they transact with the public and are well-placed to extract bribes. The public must have the right and the opportunity to access such declarations, and there must be in place an effective system for independent verification and regular monitoring of the declarations.
A law to identify, and prevent or resolve, a conflict of interests. A conflict of interests will arise when the private interests of a public official clash or even coincide with the public interest and is sufficient to influence or appear to influence the exercise of official duties.
A law to enable the citizen to obtain information in the possession of the state, i.e. an access to information law. The right to know is inextricably linked to accountability.
A constitutionally entrenched Bill of Rights. A Bill of Rights based on the two international human rights covenants may enable the citizen to counter corruption from a different perspective. For instance, privileged treatment secured by an individual by the payment of a bribe to a public official is an infringement of the principle of non-discrimination.
The common law principles of administrative law. These require that a public official, when exercising a discretionary power, should, for example, pursue only the purposes for which the power has been conferred, or be without bias and observe objectivity and impartiality, considering only factors relevant to a particular case.
A strong recovery mechanism under the civil law (as distinct from the criminal law). The Heath Special Investigating Unit in South Africa demonstrated that this is very effective in dealing with the consequences of corruption. In the civil court, the burden of proof is not as demanding (“balance of probabilities” rather than “beyond a reasonable doubt”). The reach of the civil law is broader and may extend to undoing “trusts” and “gifts” in the name of, or to, family members, friends, and lawyers, where illicitly acquired assets are safely lodged; while judgments obtained in civil courts are usually enforceable in foreign jurisdictions to which assets may have been moved.
Minimizing Opportunity
Unlike many other forms of criminal activity, the benefits of corruption flow to those on both sides of the equation, the payer, and the receiver. Experience, however, demonstrates that corruption can be curbed by limiting the situations in which it can occur and by reducing the benefits to both recipient and payer (i.e., by rendering both more vulnerable to detection and sanction). Therefore, since corruption takes place where there is a meeting of opportunity and inclination, a strategy to contain corruption must address both these elements.
Opportunity can be minimized through systemic reform such as: Narrowly defining the discretionary element in decision-making. Discretionary power is a powerful source of potential corruption. The wider the discretion, the greater the opportunity for corruption. While it is unrealistic to envisage, and indeed undesirable to create, a situation where the discretionary element is altogether eliminated, it is nevertheless possible to limit the scope for abuse by providing clear, public guidelines containing objective criteria for the exercise of discretion; and by instituting a swift and appropriate appeal mechanism.
Re-designing, if not discontinuing, the mass of rules, regulations, procedures, and formalities. This is the raw material on which corrupt officials thrive. There is a direct connection between the complexity of the organization of government and the levels of corruption within it. The more steps there are to be taken and the more approvals needed before a business can be commenced or a building constructed, the greater the number of people involved and the greater the number of “gatekeepers” who are able to exact a toll from those who cannot wait or who believe it is necessary to provide sweeteners. Many rules and regulations serve no broad public purpose, and many procedures and formalities are unnecessarily complex and cumbersome.
Establishing improved, readily accessible, and transparent public procurement procedures. The opening of bids should be public, and all decisions should be fully recorded. Indeed, records should be maintained to explain and justify all decisions and actions, thereby ensuring accountability.
Privatization (the removal of state-run enterprises to the private sector). Private sector accounting methods and the need to operate on a commercially viable basis are strong incentives to adopt and implement internal anti-corruption strategies. However, there ought to be sound social, economic and political reasons for privatization, apart from the need to curb corruption, since the creation of monopoly situations through privatization may bring with it other equally abusive practices.
Administrative reforms that minimize the opportunities for corrupt practices. For example, by providing rival sources of supply, such as establishing several offices for the issue of driving licences, the monopoly power of bureaucrats could be reduced. Similarly, the problem of disappearing records in a court registry may be met by ensuring that authenticated records are supplied to the litigants as well.
The “demystification of government”. This is achieved by rendering the decision-making processes transparent by, for example, publishing a tax collector’s handbook.Protection for Whistleblowers. “Whistleblowing” is the act of reporting to an authority an illegal conduct, a violation of professional ethics, or an act which endangers public health or safety. Whistleblowers serve the interests of society by encouraging lawful behaviour and public accountability and, therefore, need to be protected from victimization.
A meritocratic civil service. A civil service recruited on the basis of merit, adequately remunerated, and assured of career advancement solely on the basis of merit, is, of course, a sine qua non for minimizing the opportunities for corruption.
Reducing Inclination
To reduce the inclination to engage in a corrupt transaction, it is necessary to strengthen the processes by which corruption is intended to be curbed. These processes constitute the integrity system of a country. It is the national integrity system that delivers the checks and balances and the accountability factor that are critical to any efforts to contain corruption. The “pillars” that support a country’s integrity system include an elected legislature; an independent, impartial and informed judiciary; a free media; an independent prosecuting agency; an Auditor-General with responsibility for auditing government income and expenditure; an Ombudsman who receives and investigates allegations of maladministration; and an independent commission against corruption charged with the implementation of anti-corruption legislation. These pillars are interdependent. If one pillar weakens, an increased load is placed on the others. If several weaken, their load will tilt, and the integrity system may collapse altogether.
Conclusion
For an anti-corruption strategy to succeed in the contemporary context, it should begin with an immediate focus on the re-shaping of attitudes, not only of the people whose comfortable co-existence with corruption was rudely shaken by the recent financial crisis, but also of their political leaders. A genuine political commitment and determination to combat corruption is essential. As the section of society that bears the brunt of corruption on a daily basis, civil society is best placed to reverse the public apathy and tolerance of corruption. If ordinary people expect to pay bribes and are accustomed to dealing with the State through payoffs, a radical change in attitudes will be necessary before any anti-corruption strategy can get off the ground. The third partner in the coalition is the private corporate sector. The most compelling reason for it to be involved is self-interest: neither customer confidence nor their good reputations prevail against a rival who has bribed the decision-maker.
The emphasis of an anti-corruption strategy should also be on reforming systems, not indulging in “witch-hunts”. It is important to define the most promising areas and to focus on them. Initial success in one area will lend credibility to the reform process. It is often suggested that the key to change is the “frying of big fish”. Since it is wholly unrealistic to expect a government to make a sacrificial offering of its own “big fish”, the “biggest fish” available for frying will invariably be from the opposition. Indeed, a pre-occupation with prosecutions and inquiries into the present or the past will detract from the urgency of an anti-corruption strategy that involves legal and institutional change. It often makes sense to wipe the slate clean and look forward into the future rather than remain focused on the past.
Dr. Nihal Jayawickrama, as a Consultant to the UN Office on Drugs and Crime, participated in the drafting of UNCAC and later prepared the Implementation Guide and Evaluative Framework for Article 11 relating to the Judiciary and the Prosecution Service.
Features
The gambling that wears a suit: Forex, commodities and CFD Trap – III
by Prof. C. A. Saliya
(The third instalment in a five-part series on the business of gambling, legal and illegal.)
Somewhere in the fine print of every trading app you’ve ever seen advertised on social media, there’s a sentence that almost nobody reads all the way through. It usually says something like this: “77% of retail investor accounts lose money when trading CFDs with this provider.”
Read that again. Not “some people lose money.” Not “trading carries risk.” Seventy-seven out of every hundred ordinary customers who sign up and put their own money in, lose it. And that number isn’t a scandal uncovered by an investigative journalist. It’s a legally required disclosure, printed by the company itself, sitting quietly at the bottom of the same advertisement promising you financial freedom.
Now imagine a casino was legally required to put a sign on its front door reading: “77 out of every 100 people who walk through this door will lose money.” Would anyone still walk in? Probably far fewer than they do today. And yet millions of people, a good number of them here in Sri Lanka, drawn in through Telegram groups, YouTube “gurus,” and slickly produced Instagram ads, open trading accounts every year, often with no idea that the product they’ve just signed up for behaves, mathematically, almost exactly like a casino game.
What a CFD actually is in plain language
CFD stands for “contract for difference.” Strip away the jargon and it means this: you’re not actually buying gold, or oil, or US dollars, or shares in a company. You’re placing a bet with a broker on whether the price of that thing will go up or down over some period of time, usually 24 hours. If you’re right, the broker pays you the difference. If you’re wrong, you pay them.
That alone isn’t necessarily gambling, plenty of legitimate financial hedging works this way. What tips it firmly into gambling territory is leverage. Most CFD and forex platforms let ordinary customers control a position many, many times larger than the money they’ve actually put in, sometimes 50 or 100 times larger. That sounds thrilling, because it means a small price move in your favour turns into a big profit. It also means a small price move against you wipes out your entire deposit in minutes, sometimes seconds. Currency and commodity prices wobble up and down constantly, for reasons that have nothing to do with any individual trader’s skill or analysis. Leverage simply turns that normal, everyday wobble into a coin flip with your rent money.
And underneath all of it sits something called the spread, the small gap between the price you can buy at and the price you can sell at. Every single trade you make, win or lose, hands the broker a slice through that spread. It costs the broker nothing to run more of them through the system. It is, in every meaningful sense, the exact same mechanism as a casino’s house edge on a roulette wheel, a guaranteed cut for the house, built into the game before a single card is dealt or a single trade is placed.
The numbers behind the disclosure
That 77 percent figure isn’t an outlier. Britain’s financial regulator found, in a review of the industry, that 82 percent of CFD customers lost money. Regulators across Europe studied 10 different countries and found the average retail customer lost somewhere between roughly €1,600 and €29,000 trading these products. Academic researchers, who have studied trading apps directly, including their “practice mode” demo accounts, found something else troubling: many of these apps are deliberately designed using the same psychological tricks as gambling apps. Near-miss messaging that makes a losing trade feel like it was almost a win. Streak counters. Push notifications nudging you back in right when you’ve stepped away. The researchers’ own conclusion was blunt: this “supports comparisons with gambling, where an overwhelming majority loses money.”
To be fair to the trading industry, it has a real counter-argument, and it deserves to be heard rather than dismissed. Genuine investing and trading, done properly, does involve skill, understanding a market, managing risk, not betting more than you can afford to lose, using regulated brokers who are supervised by real financial authorities. Nobody sensible would say buying shares in a well-run company is “gambling” in the same sense as a slot machine. The industry’s argument is that CFDs, used responsibly by informed traders, sit closer to that end of the spectrum than to a casino floor.
The trouble is that “used responsibly by informed traders” describes almost none of the customers these apps are actually advertising to. Nobody runs a slick Instagram campaign targeting sophisticated hedge fund managers. They target 19-year-olds with a bit of spare cash and a phone.
The Sri Lankan blind spot
Here is where this story becomes genuinely local, and genuinely urgent. Sri Lanka’s new gambling law, the one creating a single Gambling Regulatory Authority to oversee casinos, card games, and betting, has nothing to do with any of this. Forex and CFD trading falls under an entirely different part of the government’s rulebook, treated as a financial services matter for the Central Bank and securities regulators, not as gambling at all. On paper, that makes sense: trading involves real financial markets, real currencies, real commodities.
But in practice, it creates a gap you could drive a truck through. A card game at a funeral house, played for a few hundred rupees, falls under strict 19th-century anti-gambling law. A trading app that can empty a young person’s entire savings account in an afternoon, using exactly the same psychological hooks as a slot machine, falls under none of it, no age verification standard built for gambling harm, no loss limits, no cooling-off periods, no self-exclusion registers.
Meanwhile, unlicensed offshore forex “signal groups” and trading channels, plenty of them explicitly targeting Sri Lankan youth through Telegram and WhatsApp, operate almost entirely outside any meaningful oversight at all, local or foreign.
There’s a newer wrinkle worth a mention too: cryptocurrency trading and crypto-based gambling products increasingly blur into the exact same category as CFDs, some analysts value the global crypto gambling market in the tens of billions of dollars, though even the experts disagree wildly on the real number, which tells you how little anyone is actually tracking this corner of the industry closely.
The question this instalment leaves open
So here’s the question worth putting to Sri Lanka’s policymakers, and to readers thinking about their own accounts: if a product produces the same loss rates as a casino, uses the same psychological design as a betting app, and overwhelmingly targets the same young, inexperienced customers as illegal gambling operators, does it matter, for the purposes of protecting people, whether we call it “trading” or “gambling”? Right now, in Sri Lanka and in most of the world, the label is doing an enormous amount of legal work that the underlying product doesn’t actually earn.
We’ll return to this exact tension in our final instalment, when we ask what genuinely joined-up gambling regulation would look like, one that judges a product by what it does to the people using it, rather than by what its marketing department decided to call it.
Next week,
Part 4 heads to the racecourse, the one form of gambling that has stayed legal almost everywhere on Earth for centuries, to explain, in plain English, exactly how a bookmaker guarantees itself a profit no matter which horse crosses the line first.
Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.
Features
Addressing human rights needs multi-pronged approach
by Jehan Perera
The ongoing 63rd session of the United Nations Human Rights Council, which runs from September 7 to October 7, 2026, in Geneva is important to Sri Lanka. Its outcome will send a signal to other international actors, including the European Union, as to whether Sri Lanka’s reform policy is on track. The written update on Sri Lanka, prepared by the Office of the United Nations High Commissioner for Human Rights under High Commissioner Volker Türk and presented by Deputy High Commissioner Nada Al-Nashif, has taken a more holistic approach to the government’s performance over the past year. It acknowledged the progress Sri Lanka has made under the NPP government in relation to accountability for financial fraud and other economic crimes. At the same time, the High Commissioner’s update made clear that progress in relation to economic crime cannot be equated with progress in relation to accountability for grave human rights violations committed during the armed conflict and in other periods of political violence.
The government may have felt sufficiently confident that its response to the High Commissioner’s update could be handled by its representative in Geneva and did not require the attendance of Foreign Minister Vijitha Herath. Sri Lanka’s representative Sumith Dassanayake called for a fundamental review of country-specific mandates within the UN Human Rights Council. Sri Lanka has been facing repeated scrutiny in the form of successive UNHRC resolutions from 2012 onwards. Ambassador Dassanayake argued that such mandates should not continue indefinitely and must be regularly assessed against measurable objectives and tangible outcomes. This may reflect confidence that its record of reform is beginning to receive recognition internationally. The reports and statements at the Human Rights Council acknowledged progress in the government’s efforts to address corruption and economic crime.
The government’s anti-corruption drive has included investigations into allegations involving individuals who held the highest political offices in the country. The arrest of former President Ranil Wickremesinghe in connection with alleged misuse of public funds, and the investigation into the controversial SriLankan Airlines Airbus transaction involving former President Mahinda Rajapaksa’s son, are examples of the reach of these investigations. The arrest of SLPP National Organiser and Member of Parliament Namal Rajapaksa in connection with allegations relating to the Airbus purchase scandal has also demonstrated that the government is willing to pursue cases involving politically powerful figures.
Wide Range
The ongoing investigations appear to encompass a wide range of parliamentarians and government members, both past and present. They suggest that accountability for corruption is not being confined to lower-level officials or to individuals who lack political influence. This is precisely the kind of accountability that the public has long demanded and that previous governments have too often failed to deliver. The government is also reaching into the upper levels of the military hierarchies of the past. The case in which 11 young men, most of them Tamil, disappeared after being abducted in Colombo between 2008 and 2009 involved allegations that some families were asked to pay ransoms. The investigation into this case has reached senior military figures. The willingness to pursue such cases is important because it challenges the assumption that those who exercised power during the war are beyond the reach of the law. Such cases would provide a practical test of whether the government’s commitment to accountability for economic crimes is part of a broader commitment to the rule of law.
Success in prosecuting corruption cannot substitute for justice for those who were unlawfully killed, disappeared, tortured or otherwise victimised. The UN report noted that there had been no recognition or accountability for crimes under international law, gross human rights violations and serious violations of international humanitarian law committed by all parties during the war. The government has yet to establish a credible and effective process to address the many cases of enforced disappearance, extrajudicial killing, torture and other serious violations. The government needs to take the international commitments it has inherited on human rights issues seriously. It needs to adopt a multi-pronged approach and go beyond focusing primarily on financial and corruption-related accountability.
Need Action
As a member of the international community, Sri Lanka has a responsibility to abide by the commitments it has made. It cannot selectively uphold international obligations postponing those that are politically difficult. Also, as a small country, Sri Lanka has a self-interest in ensuring the survival of international law, which is all that it has to protect it from the depredations of the bigger international actors. The erosion of international law by powerful states makes it all the more important that smaller states uphold the principles on which the international system is based. Sri Lanka cannot credibly appeal to international law when it is threatened from outside while disregarding its own obligations within. Sri Lanka also needs to win the confidence of its own population that it is committed to justice and equality for all. Public opinion polls and community-level research have disclosed that ethnic and religious minorities are appreciative of the sense of greater security they enjoy under the present government from ethnic or religious extremists.
But a sense of security is not the same as the fulfilment of rights. As far as the Tamil people are concerned, the government has yet to deliver on several of its specific promises. These include the long-standing problems of missing persons, the release of political prisoners who have been members of Tamil militant organisations, and the return of land taken over for military purposes during the war. The issue of Buddhist statues and archaeological sites found on their properties which are then taken from their control continue to trouble them especially as they see no signs of resolution of those disputes. The issue of pastureland in the east of the country in Mylathamadu is particularly concerning to them as they see orders by successive presidents, both President Ranil Wickremesinghe and President Anura Kumara Dissanayake, being disregarded on the ground. The Mylathamadu pastureland dispute is where traditional Tamil dairy farmers have engaged in multi-year protests against the ongoing encroachment of their ancestral grazing lands by Sinhalese crop cultivators relocated under government development schemes.
The government’s failure to hold Provincial Council elections is particularly troubling. The provincial council system is the only one that can provide the Tamil people and other ethnic minorities the opportunity to wield political power and exercise a measure of self-determination in the areas in which they are the numerical majority. The continued postponement of Provincial Council elections therefore has consequences that go beyond an ordinary electoral delay. It deprives communities of an important constitutional avenue for democratic participation and power-sharing. The ethnic and religious minorities appreciate what the government is doing in the larger national interest, but they must not be made to feel that their special concerns are being ignored. The government cannot resolve Sri Lanka’s entire legacy of rights violations overnight. But it does need to demonstrate that it is willing to move forward on multiple fronts, not only on a few.
Features
The emptying university: why are academics leaving?
by Hasini Lecamwasam
Brain drain in Sri Lanka is at an all-time high. The latest Human Flight and Brain Drain Index for 2024 shows that we are 16th of 175 countries on this count, and first in South Asia. That this is a crisis goes without saying. Brain drain affects all sectors, and is a huge strain on the resources of a developing country. Particularly in Sri Lanka, where considerable public investment is made in the moulding of professionals through the system of free education, this amounts to transferring the resources of poorer countries to richer ones with top migration destinations. It is, therefore, important to consider the push and pull factors behind skilled outmigration, specifically from the public university system of Sri Lanka, a key focus of the Kuppi column.
From frustration to exit
Several bitter realities in our crumbling public university system act as push factors in the migration decisions of academics. Many essays on this column have, over several years, attempted to highlight numerous aspects of this erosion. Perhaps, primary among them is the lack of adequate funding, which has debilitating ramifications for the system: very little investment is made in the up-keep of infrastructure (and even less in its expansion), resulting in serious constraints in accommodating growing batches of students and the wellbeing of the staff (particularly in regional universities); research funding is negligible, severely curtailing academics’ ability to effectively discharge their primary duty of teaching which should ideally be informed by their research (and the research of others, access to which is also, unfortunately, mediated by funding); a funding crunch also means a slash in (or greater constraints on) recruitments, increasing the workloads of academics, currently in service, and eating into the quality of their teaching and research.
What recruitments are done frustrate those with any faith in merit. As many of our interventions in this column have shown, recruitment processes are characterised by archaic selection criteria that place very little weight on a candidate’s postgraduate growth and the advantages of interdisciplinary training. Added to this is the general preference for ‘culturally compliant’ candidates who would not rock the boat too much. The combined effect is that those with the capacity and spirit to try out innovations in education are discouraged from joining or staying on in the public university system. Some, or many, of them may instead seek appointments abroad.
A thread that binds all of these problems together is pervasive hierarchy which, again, many interventions on this column have sought to highlight. It is the interest in preserving hierarchy that leads to the preference for alumni in recruitment processes. Hierarchy within universities can be particularly frustrating for younger faculty and women, who typically have to bear the brunt of the workload of their senior, often male, colleagues. In a context of funding, and, therefore, recruitment, restrictions, this translates into a disproportionate burden being placed on junior (usually female) faculty, seriously hindering their prospects of growing into successful academics due to the time constraints within which they have to operate. Junior academics, therefore, are more likely to look to educational institutions abroad for what they hope would be a different work culture that respects them more.
Ideological ruses
On top of these structural frustrations are also the workings of neoliberal ideology. For one, the nature of relations between the global metropole and peripheral countries like Sri Lanka largely dictates what is desirable and what is not. The apparent lifestyles of Western countries – from food to clothing, housing, appliances, and so on – have continued to lure people from the periphery with the promise of a ‘better’ life, alongside better career advancement opportunities. This, of course, masks much of the struggle that goes on behind the scenes to survive in Western societies. For instance, in most cases highly attractive public infrastructure such as roads, public transport, clean air, quality control of food, and so on belie the astronomical privatised costs of healthcare and education. Health insurance is usually mandatory and steep in most high-income settings, while even subsidised education (for which eligibility criteria are strict) creates a serious dent in household earnings. Of course, the happy images of glossy trams and gleeful international travellers don’t convey this.
A second ideological ruse is the myth of greater opportunities and recognition abroad. While there is no denying that local skilled sectors – be it higher education, health, civil service, or private white-collar positions – are replete with issues that inhibit merit-based professional advancement, the notion that things are fundamentally different in Western countries stems from an uninformed optimism. As is now increasingly known and discussed, Western labour markets are notoriously racialised, and equivalent skills are rarely treated as such. Instead, it is usually demanded that skilled migrants clear certain formal examinations in their host countries. In fields like medicine, this is followed by an interview that may also be racially prejudiced. Once these initial steps are cleared, remuneration reverts to square one irrespective of experience accumulated abroad, not to mention the many subtle aggressions, rejections, and trials one has to go through in the negotiation of everyday life. In the many cases where professional qualifications are used as leverage for a move abroad, sights are set on a better future for one’s children, which again is informed by the misplaced faith in greater opportunities and a lack of awareness of the factors outlined above. Needless to say, in the global swing to the Right, things have become even more challenging. In such a context, considering the few rare cases where skilled migrants live extremely comfortable lives as the norm becomes a dangerous misconception.
The two ideological pull factors mentioned above are complemented by a push factor, which has to do with a highly classed understanding of what a white-collar professional is due in their society. Many of these aspirations are clearly articulated in academic trade union action demanding separate quotas for school entry, increased fuel allowances, winning back the presently stalled vehicle permit scheme, salary hikes, and so on. While working people have every right to agitate for better material conditions, insofar as it remains unconnected to a broader movement for improving the conditions of the lot of the working class, it remains self-serving and very much within the class logic of capitalist society. Since these demands are articulated as a means of maintaining distinction, it is clear that they are not envisaged as part of a class movement. The frustration of not having these needs for distinction satisfied may push some to seek greener pastures abroad, at least financially, (perhaps as a means of social mobility based on it), only to be disappointed on most occasions.
What is to be done?
Addressing the systemic push factors listed above requires, first and foremost, greater allocations for free public higher education. This would immediately translate into more recruitments and less work per academic, and better research and teaching in the long haul. An increase in funding would also ideally lead to greater infrastructural investments, especially including improving the living conditions of those who work in regional universities amid untold hardships. Next, fairer, more creative, and, therefore, more effective recruitment policies are badly needed to attract talented individuals to university positions. Rather than carving out a ‘special category’ for academics to achieve this purpose, which is informed by a classed logic, this needs to be done through fundamental reforms in recruitment processes. Third, a persistent attack on the entrenched hierarchy within universities through internal reform is much called for. Reforming recruitment practices will go a long way towards addressing this. Measures should also be taken to introduce more stringent policies against SGBV (not to mention ragging, even though it is not directly connected to brain drain). Such measures would create a safer, fairer, and more attractive workplace, which would give more reasons for people to stay.
On top of greater allocations, we also need a transformation of our aspirations themselves if this situation is to change. That necessitates a kind of education capable of questioning the ‘paradise’ conception of Western societies, and lays bare their colonial material and ideological dimensions, in both their historical and contemporary manifestations. These colonial understandings of the ‘good life’, moreover, have devastating ecological implications for the planet, not to mention social justice. An education with the ability to transform this mindset would hopefully prove to be more than a mere path to social mobility, rather being a tool of social emancipation that renders mobility moot.
(Hasini Lecamwasam is with the Department of Political Science, University of Peradeniya)
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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